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HomeMy WebLinkAbout1978 07 05 CC MIN1978 07 05 CC MIN;¢f4É"CITY COUNCIL MINUTES INDEX JULY 5. 1978 7:30 P.M. Page Invocation Rev. Ruben Martinez \ Flag Salute Councilman Izett 1 Roll Call 1 Consent Calendar 1 Approve Minutes 6/15 and 6/21/78 RES. NO. 78-66 Claims and Demands Adopted RES. NO. 78-67 Claims and Demands Adopted RES. NO. 78-68 ANNEXATION W Rescinds Res. No. 78-54) Approve Final Acceptance Gas Tax Proj 164 Approve Final Tract No. 35231 Concur with recommendations on Consent Calendar 2 Add Warrant to Res. No. 78-66; amend Minutes 6/21/78 Public Hearing 78-S-1 and 78-S-2 2 Approve Districts 78-S-1 and 78-S-2 Public Hearing CP-267 Appeal 2 Van Tovar, representing National Convenience Stores Bertha Regus In Favor 3 Tom Ktein In Opposition 3 Joseph Pendleton In Opposition 3 RES. NO. 78-69 Approving CP-267 Adopted with Staff 3 Conditions of Approval; 8 foot wall with landscaping Public Hearing Z-420 3 Rudy Marquez Requested approval 4 ORD. NO. 775 Amend Zoning Map Approve Z-420 4 First Reading) Election Results of June 6, 1978 4 RES. NO. 78-70 Reciting Facts of Election Adopted Bid City-owned Property Sterling Way & Pacific Ave. 5 Accept offer Jay Angelo Realty Authorize informal bids for Morgan & Barnes Parks Projects 5 Zone Variance 356 5 Applicant may appeal Appointments to Neighborhood Facilities Program 5 Appointments to Mid-Valley Manpower Advisory Council discussed 5 Purchasing locally 6 Conflict of Interest Transient Occupancy Tax 6 ORAL COMMUNICATIONS 6 Dwaine Glass ZV-356 6 Harold Brody Senior Citizens Advisory Commission 6 Maria Hat ford re Deep Lots 6 Commissions to meet with Council 7 Resolutions from other cities 7 Liquor permits 7 Initiate Change in Zoning Regulations; set for hearing before Planning Commission Employee suggestions re Council request Dedication for new City Halt 7/8/78 8:57 P.M. Meeting adjourned BIB] 37656-U01 1978-U02 07-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9683-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 07 05 CC MIN;¢f4É" REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 E. Pacific Avenue WEDNESDAY, JULY 5, 1978 AT 7:30 P.M. 00- The City Council of the City of Baldwin Park met in regular session in the Council Chambers at 7:30 p.m. 00- An invocation was given by Rev. Ruben Martinez, Igtesia Bautista. Councilman Izell led the salute to the flag. Roll Call: Present: COUNCILMEN AGUILAR, IZELL, MC NEILL, WHITE AND MAYOR BLEWETT Also Present: ACTING CITY MANAGER SEXTON, ACTING CITY ATTORNEY FLANDRICK, DIRECTOR OF PLANNING KILGOUR, DIRECTOR OF FINANCE HALLOWAY, ACTING CITY ENGINEER FRENCH, CHIEF OF POLICE CHELLINO, CITY TREASURER MONTENEGRO AND CITY CLERK BALKUS 00- City Clerk Batkus presented the Consenb Calendar: 1. APPROVE MINUTES OF JUNE 15, 1978 AND JUNE 21, 1978. 2. WAIVE FURTHER READING, ADOPT RESOLUTION NO. 78-66 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 3. WAIVE FURTHER READING, ADOPT RESOLUTION NO. 78-67 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. WAIVE FURTHER READING, ADOPT RESOLUTION NO. 78-68 MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF LOS ANGELES COUNTY REQUESTING INITIATION OF PROCEEDINGS FOR A MUNICIPAL REORGANIZATION PURSUANT TO MUNICIPAL ORGANIZATION ACT OF 1977 ANNEXATION 24) AND RESCINDING RES. NO. 78-54 5. APPROVE FINAL ACCEPTANCE, GAS TAX PROJECT NO. 164 STORM DRAIN FRANCISQUITO/ATHOL) FILE NOTICE OF COMPLETION 6. APPROVE FINAL TRACT MAP NO. 35231 GARLAND CORP) AUTHORIZE CITY CLERK TO SIGN MAP Continued) INVOCATION FLAG SALUTE ROLL CALL CONSENT CALENDAR BIB] 37656-U01 1978-U02 07-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9683-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 07 05 CC MIN;¢f4É"Regular Meeting of the City Council of the City of Baldwin Park CONCUR WITH RECOMMENDATIONS ON CONSENT CALENDAR WITH ADDITION OF WARRANT NO. 10912 TO RESOLUTION NO. 78-66 IN THE AMOUNT OF $95,148.65 PAYABLE TO DAIN INSURANCE AGENCY FOR LIABILITY INSURANCE; CHANGE COUNCILMAN IZELL'S VOTE TO NO" ON XEROX PURCHASE, JUNE 21ST MINUTES, PAGE 3, FIRST PARA- GRAPH. M/S/C: AGUILAR/MC NEILL. Ro11 Ca11. There were no objections. 00- It was the time and place fixed for a public hearing on Short Form 1911 Act cases to hear objections from property owners regarding the proposed improvements. 78-S-1 Northwesterly side of Stichman Avenue between Ctoverside Street and 500 feet southwesterly of Cloverside Street CG&ST PAVING) 78-S-2 Southeasterly side of Stichman Avenue between Cloverside Street and 500 feet southwesterly of Ctovorside Street CG&ST PAVING) Proper postings and mailings had been accomplished. There were no written protests. Mr. French reviewed the proposed improvements and said they would be timed for installation in conjum-tion with the development south of this area. Mayor Blewett declared the public hearing open. As there was no testimony in favor of or in opposition to 78-S-1 and 78-S-2, Mayor BteweU declared the public hearing closed. APPROVE DISTRICT 78-S-1 AND 78-S-2 AND ORDER THAT THE WORK BE DONE. M/S/C: WHITE/IZELL. There were no objections. 00- It was the time and place fixed for a public hearing on CP-267 an APPEAL on the decision of the Planning Commission on an Application for a Conditional Use Permit to operate a self-service gas station on C-2 property at 13402 Ramona Boulevard. Applicant: Paul Lockard, National Convenience Stores Proper publications, postings and mailings had been accomplished. There were no written protests. Mr.Kitgour reviewed the Agenda report saying that reopening the gasoline station usage will conform to the Zoning Code. Planning Commission's concern was the cash register for gasoline sates and potential liquor sates being the same. Mayor Btewett declared the Public Hearing opened. Van Tovar, representing National Convenience Stores, owner of adjacent commercial stores, presented a rendering" Exhibit A") of the proposed self-service pumps with a canopy. The existing building witt be demolished and they propose building a new structure. Continued) July 5, 1978 Page 2 CONCUR WITH REC. CONSENT CALENDAR ADD WARRANT TO RES. NO. 78-66; AMEND MINUTES OF 6/21/78 PUBLIC HEARING 78-S-1 and 78-S-2 POSTINGS & MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING OPENED PUBLIC HEARING CLOSED APPROVE DISTRICTS 78-S-1 & 78-S-2 PUBLIC HEARING CP-267 APPEAL PUBLICATIONS, POSTINGS & MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING OPENED BIB] 37656-U01 1978-U02 07-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9683-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 07 05 CC MIN;¢f4É"Regular Meeting of the City Council of the City of Baldwin Park He presented a petition Exhibit B) containing 288 signatures of residents living in the area of the store, who came in to shop, expressing no objections to the proposed usage. He requested approval and said he felt this development will be good for the City. Bertha Regus, 5013 Cutler, spoke in favor as this would improve the neighborhood and the two functions will be operated separately. Tom Klein, 12800 Salisbury, spoke in opposition. He had not seen the petition; we have several self-serve gas stations and a multitude of liquor stores in the area; the City could have the same problems as Los Angeles with a commercial neighborhood in a tow-income area. We do not need hard liquor and gasoline on the same premises. The City needs improvements but he did not think this was good for the City. Joseph Pendleton, 3834 Foster Avenue, owner of property inmediately South, spoke in opposition as this will create more night traffic. There is litter now and he will have more beer cans and bottles in his yard. This is 70 feet from his bedroom and wilt awaken him at night. He requested denial. As there was no further testimony either in favor of or in opposition to CP-267, Mayor Blewett declared the public hearing closed. Council discussion followed wherein an 8 foot block wall with landscaping along the southerly property line was proposed. There were to be no trip bells". These measures were to protect the adjoining R-1 property. Comparison was made with similar operations in the City. City Clerk Balkus read by title: RESOLUTION NO. 78-69 APPROVING A CONDITIONAL USE PERMIT TO OPERATE A SELF-SERVICE GAS STATION AND CERTIFYING THE NEGATIVE DECLARATION OF ENVIRON- MENTAL IMPACT AT 13402 RAMONA BOULEVARD CASE NO. CP-267; APPLICANT: PAUL LOCKHARD FOR NATIONAL CONVENIENCE STORES) WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 78-69, INCLUDING STAFF CONDITIONS OF APPROVAL AND AN EIGHT FOOT WALL WITH LANDSCAPING ALONG ENTIRE SOUTHERLY FRONTAGE ABUTTING R-1. M/S: MC NEILL/AGUILAR. Roll call. AYES: COUNCILMEN MC NEILL, AGUILAR, WHITE AND MAYOR BLEWETT. NOES: COUNCILMAN IZELL. The motion carried. 00- It was the time and place fixed for a public hearing on Z-420, a request for a zone change from R-1 to R-3 on property located at 13974 Francisquito Avenue Applicant: Teng Y. Lee and Rudy Marquez Proper publications, postings and mailings had been acomptished. There were no written protests. Mr. Kilgour reviewed the agenda report. Mayor Blewett declared the Public Hearing opened. July 5, 1978 Page 3 PUBLIC HEARING CP-267 BERTHA REGUS TOM KLEIN JOSEPH PENDLETON PUBLIC HEARING CLOSED COUNCIL DISCUSSION RES. NO. 78-69 APPROVING CP-267 AND CERTIFYING NEGATIVE DECLARATION OF EIR ADOPT RES.NO.78-69 WITH STAFF CONDITIONS OF APPROVAL; 8 FOOT WALL WITH LANDSCAPING PUBLIC HEARING Z-420 PUBLICATIONS, POSTINGS AND MAILINGS NO WRITTEN PROTESTS AGENDA REPORT PUBLIC HEARING OPENED Continued) BIB] 37656-U01 1978-U02 07-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9683-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 07 05 CC MIN;¢f4É"Regular Meeting of the City Council of the City of Baldwin Park Rudy Marquez, applicant, requested approval of the zone change. As there was no further testimony in favor or in opposition to Z-420, Mayor Blewett declared the Public Hearing dosed. City Clerk Batkus read by title: ORDINANCE NO. 775 AMENDING THE ZONING MAP OF SAID CITY AND REZONING CERTAIN HEREIN DESCRIBED REAL PROPERTY FROM ZONE R-1 TO ZONE R-3 AND CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT ZONE CASE NO. Z-420 APPLICANTS: TENG Y. LEE AND RUDY MARQUEZ) WAIVE FURTHER READING OF ORDINANCE NO. 775. M/S/C: AGUILAR/WHITE. There were no objections. INTRODUCE ORDINANCE NO. 775. M/S/C: AGUILAR/ WHITE. There were no objections. 00- City Clerk Balkus stated that certification of the Results of the June 6, 1978 election was received from the Registrar of Voters on June 28, 1978. In accordance with the Election Code Section 22933 the results were presented as follows: The whole number of votes cast on City measures except absentee voter ballots) was 7,651. There were 258 absentee ballots cast, making a total of 7,909 votes cast in the City as follows: PROPOSITION G Shall the electors elect a 5,657 YES Mayor and 4 City Councilmen? 1,338 NO PROPOSITION H Shall the term of office of 4,397 YES Mayor be 2 years? 2,306 NO PROPOSITIONS G AND H CARRIED PROPOSITION J Shall the term of office of 2,553 YES Mayor be 4 years? 3,805 NO PROPOSITION K Shall the office of City 1,980 YES Clerk be appointive 4,951 NO PROPOSITIONS J AND K DID NOT CARRY. She read by title RESOLUTION NO. 78-70 RECITING THE FACTS OF THE SPECIAL MUNICIPAL ELECTION CONSOLIDATE? WITH THE DIRECT PRIMARY ELECTION HELD IN SAID CITY OF BALDWIN PARK ON THE 6TH DAY JUNE, 1978, DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS AS PROVIDED BY LAW WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 78-70. M/S/C: AGUILAR/WHITE. There were no objections. Councilman Aguilar asked, when the election comes up in two years, if a councilman wants to run for mayor, can he run for two seats at once? Mr. Ftandrick explained that a councilman can run for mayor if he is not up for re-election at that same election as a member of the Council. No one can run for both mayor and member of City Council. 00- Juty 5. 1978 Page 4 Z-420 RUDY MARQUEZ PUBLIC HEARING CLOSED ORDINANCE NO. 775 AMEND ZONE MAP FROM R-1 TO R-3; CERTIFY NEG. DECLARA. EIR WAIVE FURTHER READING ORDINANCE NO. 775 INTRODUCE ORD. NO. 775 ELECTION RESULTS JUNE 6 ELECTION RES. NO. 78-70 RECITING FACTS OF ELECTION HELD 6/6/78 AND DECLARING RESULTS ADOPT RES. NO. 78-70. BIB] 37656-U01 1978-U02 07-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9683-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 07 05 CC MIN;¢f4É"Regular Meeting of the City Council of the City of Baldwin Park Mr. French said three offers had been received to purchase the City-owned property at Sterling May and Pacific Avenue. He recommended acceptance of the highest offer. ACCEPT OFFER OF JAY ANGELO REALTY $27,005 WITH A MAXIMUM COMMISSION OF $1,005, MAKING A NET PAYMENT TO THE CITY OF $26,000 FOR PURCHASE OF PROPERTY AT STERLING WAY AND PACIFIC AVENUE. M/S/C: AGUILAR/ IZELL. There were no objections. 00- AUTHORIZE OBTAINING INFORMAL BIDS FOR IMPROVEMENT PROJECTS AT MORGAN AND BARNES PARKS, WITH THE LIMITATION THAT NO PROJECT EXCEED $5,000. M/S/C: WHITE/IZELL. Roll Call. There were no objections. The motion carried. 00" Mr. Kilgour reported that the Planning Commission voted unanimously to deny Zone Variance 356. Mayor Blewett said the application had been processed and it was now up to the applicant to file an appeal. In answer to Councilman Aguitar, Mr. Flandrick said the Planning Commission did not have the right to request an Environmental Impact report on the whole city. They act on only what is before them. They are not in a position to say what a policy might be. They are within their rights to require an Environmental Impact report if they feet there are environmental matters there. The applicant has the choice of preparing the report or appealing to the Council. 00- The following were suggested appointees to the Neighborhood Facilities Plan Citizen Advisory Commission: NEIGHBORHOOD A. Horace Long D. Wayne Byard Bertha Regus Gloria Zook E. Guy Snider B. Daniel Erbe F. Dwaine Glass Adrian Reese Phylis Pierce Blair Holman C. Jesse Satcedo Lewis Farkas At Largo: Doug Stevens, Chamber of Commerce July 5, 1978 Page 5 BID CITY-OWNED PROPERTY STERLING WAY & PACIFIC ACCEPT OFFER JAY ANGELO REALTY AUTHORIZE INFORMAL BIDS FOR MORGAN PARK & BARNES PARK PROJECTS ZV- 356 APPLICANT MAY APPEAL NEIGHBORHOOD FACILITIES PLAN CITIZEN ADVISORY COMMISSION APPOINTMENTS TO NEIGHBORHOOD FACILITIES PROGRAM CITIZEN ADVISORY COMMISSION MADE SUBJECT TO ACCEPTANCE OF APPOINTEES. M/S/C: AGUILAR/MC NEILL/ There were no objections. 00- Appointments to Mid-Valley Manpower Advisory Council were discussed. It was suggested that the Chamber of Commerce Manager or the assistant be appointed. Councilman White win contact the business agent for Engineers. Lee Lucas was appointed to represent Community based organizations. 00- APPOINTMENTS TO NEIGHBORHOOD FACILITIES PROGRAM CITIZEN ADVISORY COMMISSION BIB] 37656-U01 1978-U02 07-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9683-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 07 05 CC MIN;¢f4É"Regular Meeting of the City Council of the City of Baldwin Park In answer to Councilman Izell, Mayor Blewett explained the only guideline used for purchasing locally or out- side was the lowest price offered as the City has an obligation to the taxpayers. 00- In answer to Councilman White who said he owned an apartment, Mr. Flandrick explained there was no conflict of interest in Councilman White's voting on the Transient Occupancy Tax Ordinance. 00- Dwaine Glass, 14345 East Garvey, said ZV-356 was on the agenda to see if he had received proper treatment at the Planning Commission hearing. He said the meeting was carried by one person whom he felt used statements not backed by facts. The motion to deny was to get the case before the Council. He would have preferred to have their thinking to go before Council and he felt they did not have a proper hearing before the Planning Commission. Discussion followed wherein Councilman White said he would have preferred to have Planning Commission thinking on the case. Mayor Blewett said that an appeal would receive a fu11 hearing before Council based on the evidence. Councilman White said the Planning Commission meeting was not carried by one person; that one person spoke his full mind. This was a nn'sstatement of facts. 00- Harold Brody, 3462 North Vineland, recently appointed to the Senior Citizens Advisory Commission, requested more information as to when and where the Commission meets. He said Council should reorganize the Commission and set guidelines. There should be more than one monthly meeting. Senior citizens are having a difficult time. Baldwin Park has more Senior Citizens than surround- ing cities and none of the services. The Commission should reveiw the minibus proposals. Councilman Aguilar requested a report on attendance at meetings and when they meet. Councilman White said that he hoped the Commission would come up with new ideas. Mayor Blewett said two weeks ago he and Councilman Me Neilt attended a Los Angeles County Transportation Commission meeting on the City's application for bus services grant. The appeal was successful and referred to the Finance Committee; they indicate they will allow us to come back for additional funding. He would like the Senior Citizens Advisory Commission to come up with innovative, creative programs using things we have to develop services. Councilman Aguitar and Mayor Blewett expressed a need to meet with the Senior Citizens Commission to give direction to and to receive their input. 00- Maria Halford, associated with Century 21 Realty, 3634 Baldwin Park Boulevard, suggested Planning Commision review of deep R-1 lots and rezone to R-2 and R-3. She felt this would bring more revenue to the City and eliminate weed nuisances. Mayor Blewett said the General Plan which includes deep lots) will be reviewed by the Neighborhood Facilities Plan Citizen Advisory Commission and the Planning Commission. July 5, 1978 Page 6 PURCHASING LOCALLY CONFLICT OF INTEREST TRANSIENT OCCUPANCY TAX DWAINE GLASS RE ZV-356 HAROLD BRODY SENIOR CITIZENS ADVISORY COMMISSION MARIA HALFORD RE DEEP LOTS BIB] 37656-U01 1978-U02 07-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9683-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 07 05 CC MIN;¢f4É"Regular Meeting of the City Council of the City of Baldwin Park Councilman McNeilt suggested that Council meet with a11 commissions, one commission each month and draw up guidelines if there are none. He said a11 appointees should be notified and certificates prepared and presented to those who have served. 00- In answer to Councilman McNeitt, Mayor Blewett suggested that if a Councilman is interested in any special resolution from other cities, that he discuss this with the City Clerk to place it on the Agenda for discussion. 00- Councilman McNeitI questioned the number of liquor permits issued by the Alcholic Beverage Control. Mayor Blewett said that the majority were renewal permits. Discussion followed and Mr. Ftandrick explained that the Planning Commission approves liquor licenses but the Council can appeal the decision. Any change in procedure would require a change in the Zoning Ordinance. INITIATE CHANGE IN ZONING REGULATIONS RE LIQUOR LICENSE APPLICATION HEARINGS BEFORE COUNCIL) AND SET FOR HEARING BEFORE THE PLANNING COMMISSION. M/S/C: MC NEILL/IZELL. There were no objections. The motion carried. 00- Councilman Aguilar asked if there had been many employee suggestions in answer to the Council tetter and Mr. Sexton said no". Mayor Blewett said another letter would go to the employees requesting suggestions for cost savings and sources of revenue. 00- Mayor Blewett reminded everyone that dedication for the new City Halt would be Saturday, July 8, 1978 at 1 p.m. He urged attendance. 00- At 8:57 P.M. the meeting adjourned. M/S/C: MC NEILL/ WHITE. There were no objections. The motion carried. 00- Juty 5, 1978 Page 7 COMMISSIONS MEET WITH COUNCIL RESOLUTIONS FROM OTHER CITIES LIQUOR PERMITS INITIATE CHANGE IN ZONING REGULATIONS RE LIQUOR LICENSE; SET FOR HRG BEFORE PLANNING COMMISSION EMPLOYEE SUGGESTIONS RE COUNCIL REQUEST DEDICATION FOR NEW CITY HALL 7/8/78 AT 8:57 P.M. MEETING ADJOURNED 2^^ THELMA L. BALKUS, CITY CLERK APPROVED: /^ /f7^ / Date Distributed to Council: July 28, 1978 Date Distributed to Departments: July 28, 1978 BIB] 37656-U01 1978-U02 07-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9683-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06