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Home My WebLink About1979 02 21 CC MIN1979 02 21 CC MIN;¢f4ÊUUNOFFICIAL UNTIL APPROVED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 E. Pacific Avenue WEDNESDAY. FEBRUARY 21, 1979 AT 7:30 P.M. 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. William Walter, Living Hope Baptist Church. City Manager Sexton led the salute to the flag. Roll Call: Present: COUNCILMAN AGUILAR, IZELL, KING, MC NEILL AND MAYOR WHITE Also Present: CITY MANAGER SEXTON, CITY ATTORNEY FLANDRICK DIRECTOR OF ADM. SERVICES HALLOWAY, DIRECTOR OF COMMUNITY DEVELOP. KELLY, CHIEF OF POLICE CHELLINO, DIRECTOR OF HOUSING AND ECONOMIC DEVELOPMENT CUNNINGHAM, DIRECTOR OF HUMAN SERVICES LUCAS, BUILDING SUPERINTENDENT DAWSON, CITY TREASURER MONTENEGRO AND CITY CLERK BALKUS 00- City Clerk Balkus presented the Consent Calendar: 1. APPROVE MINUTES OF FEBRUARY 7, 1979 2. WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 79-14 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 3. DENY CLAIM AGAINST THE CITY JOHN PARRILLA F:902) 4. DENY CLAIM AGAINST THE CITY JACQUELINE STROUPE F:931) 5. WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 79-15 APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN- SPACE AND RECREATION PROGRAM $19,342. with General Fund matching funds) 6. WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 79-16 AUTHORIZING THE CITY MANAGER TO FILE THE NECESSARY APPLICATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS IN THE STATE OF CALIFORNIA TO SELF INSURE FOR WORKERS COMPENSATION PURPOSES file for certificate of consent) Continued) INVOCATION FLAG SALUTE ROLL CALL CONSENT CALENDAR BIB] 37656-U01 1979-U02 02-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9706-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 02 21 CC MIN;¢f4ÊURegular Meeting of the City Council of the City of Baldwin Park February 21, 1979 Page 2 7. WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 79-17 DIRECTING TRANSFER OF CERTAIN MONIES FROM THE GENERAL FUND AS A LOAN TO THE BALDWIN PARK BUSINESS DEVELOPMENT CORPORATION $75,000, from unappropriated surplus for property at 14429 Ramona) 8. WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 79-18 APPOINTING A CERTAIN MEMBER TO THE RECREATION AND PARKS COMMISSION OF THE CITY OF BALDWIN PARK Office No. 7 Susan Young, Sierra Vista High School) 9. 10. APPROVE SALE OF CITY OWNED PROPERTY 3565 VAN WIG AVENUE to Virginia Korb $9.025.89.) APPROVE AGREEMENT MUNICIPAL SERVICES, INC DESIGN SERVICES FOR BIG DALTON STORM DRAIN and authorize Mayor & City Clerk to sign) 11. APPROVE BUDGET AMENDMENT DATA PROCESSING EQUIPMENT $15,000. appropriated from General Fund to 01-14-593.20 account) 12. APPROVE PURCHASE OF REAL PROPERTY 14418 Ramona Boulevard from John Salcido, $49,000.) CONCUR WITH RECOMMENDATIONS ON CONSENT CALENDAR EXCEPT ITEM NINE. M/S/C: AGUILAR/KING. There were no objections. APPROVE ITEM NINE ON CONSENT CALENDAR. M/S/C: MC NEILL/KING. Roll call: Ayes: Me Neill, King, Aguilar and Mayor White. Abstain: Izell. The motion carried. 00- It was the time and place fixed for a public hearing on Minor Variance-16. An Appeal from the decision of the Planning Division on the revocation of a Minor Variance granted on.March 12, 1973, to keep 50 chickens on property located at 4610 Walnut Street. Applicant: Alfred Sandoval Proper publications, postings and mailings had been accomplished. There were no written protests. Mr. Kelly gave a brief resume of the Agenda Packet report, stating that this Minor Variance was originally allowed March 19, 1973. He said that this applicant has failed to comply with the conditions of MV-16 as follows: Continued) CONCUR WITH RECOMMENDATIONS ON CONSENT CALENDAR EXCEPT ITEM NINE CONCUR WITH RECOMMENDATION ITEM NINE PUBLIC HEARING MV-16 46110 WALNUT A. SANDOVAL POSTINGS AND MAILINGS NO WRITTEN PROTESTS RESUME BIB] 37656-U01 1979-U02 02-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9706-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 02 21 CC MIN;¢f4ÊURegular Meeting of the City Council of the City of Baldwin Park February 21, 1979 Page 3 a. exceeding the allowable number of birds. b. locating the cages within 35" of residences, c. maintaining roosters" which are not household pets as defined by the Zoning Code, d. causing a public nuisance by the noise generated from the animals adversely affecting the neighborhood. e. applicant's failure to comply after several requests by City Staff. In answer to Councilman King, Mr. Flandrick quoted MC sect^ns 9470 & 9471 citing conditions under which a Miner Variance may be granted. Mayor White declared the public hearing open. Mr. Don Prock, 4596 Kenmore, said he lived over 100 feet from the subject property and is awakened every night at approximately 2 a.m. by roosters crowing. He works 10 hours a day. He has been in contact with the Planning Department for over four months seeking assistance. He has attended meetings with Planning and Mr. Sandoval. First there were 150 roosters and the next time 50. The City Code says No Roosters". He questioned how it was possible to have any and asked that something be done. Mr. Alfred Sandoval, 4610 Walnut,said that when he was granted the variance notice was sent to property owners within 100 feet of his property. He has had chickens there for 24 years and questioned why he was granted a variance. He said other people have chickens in the City and if his permit is revoked the others should be too. The most chickens he has had is 62 of which about 30 or 35 are roosters. Raising chickens is a hobby for him and he shows them at the Fair yearly. He said he felt if it was a mistake granting the variance originally then the City should live by their mistake. Mrs. Bertha Regus, 5013 Cutler, said if the Code says 3 chickens then that should be the number allowed. She can hear the roosters crowing, and crowing at 2, 3 or 4 a.m. is very annoying and inconvenient. This makes it difficult for a working man to get any rest and 50 chickens is too many. As there was no further testimony either in favor of or in opposition to MV-16, Mayor White declared the Public Hearing Closed. Councilman King said that when the City receives any type of complaint then the City must act on that particular complaint. Councilman Izell said he felt the time has come when chickens can no longer be allowed in the City; that consistently when variances are granted they are violated within a short time. He asked that all conditional use permits be random checked to establish how many have been violated. He estimated that there were over 75% in violation Mr. Flandrick said that if the Minor Variance is to be revoked based on the evidence presented then the following findings of fact should be incorporated into the Resolution: Continued) PUBLIC HEARING OPEN DON PROCK ALFRED SANDOVAL BERTHA REGUS PUBLIC HEARING CLOSED DISCUSSION CITY ATTORNEY BIB] 37656-U01 1979-U02 02-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9706-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 02 21 CC MIN;¢f4ÊURegular Meeting of the City Council of the City of Baldwin Park February 21, 1979 Page 4 I) There has been a failure to comply with the conditions of approval, and 2) that the variance as conducted constitutes a nuisance to adjacent properties, and 3) that the continuance of the use directly interferes with the peaceful use and enjoyment of adjacent properties." He read by title RESOLUTION NO. 79-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REVOKING A MINOR VARIANCE LOCATION: 4610 WALNUT STREET; APPLICANT: ALFRED SANDOVAL. CASE MV-16) WAIVE FURTHER READING, ADOPT RESOLUTION NO. 79-19 M/S/C: MC NEILL/IZELL. Roll call: There were no objections. Mayor White explained that where the City zoning appears arbitrary and deprives someone of a right that is ordinarily enjoyed by other persons in a residential zone then a large number of chickens can no longer be allowed. He said there will be exceptions as there are variances. He regreted that the decision could not be in Mr. Sandoval's favor. 00- Regarding the appeal on Parcel Map 975, U.S. Pipe and Foundry Company, Mrs. Balkus said the applicant now requested that this matter be continued until conditions of approval can be resolved that will be mutually acceptable to the City and U.S.P.F. Council agreed to CONTINUE APPEAL ON P.M. 975 UNTIL MUTUALLY ACCEPTABLE CONDITIONS OF APPROVAL ARE RESOLVED. There were no objections. 00- Mrs. Balkus read a letter from Nick Pokrajack, Inc. requesting that the industrial Street near 13245 Los Angeles St. be named Littlejohn St. RES. 79-19 REVOKE MV-16 4610 WALNUT SANDOVAL RES. NO. 79-19 ADOPTED P.M. 975 APPEAL P.M. 975 APPEAL CONTINUED LETTER N. POKRAJACK REQ. ST. BE NAMED LITTLEJOHN Mr. Kelty suggested that the staff be directed to prepare an ordinance governing the naming of all future streets and that this request be held in abeyance until that time Discussion followed. PREPARE ORDINANCE GOVERNING THE NAMING OF ALL FUTURE STREETS. M/S/C: KING/IZELL. There were no objections. Further discussion followed regarding the time involved in preparing and adopting an Ordinance several months); that at this point and time there is no-continuation of a street in this area on the City Maps; that this request could be considered now with this particular name and not wait for adoption of the ordinance; that there should be a set procedure to follow; that Mr. Littlejohn is deserv- ing of this honor. WAIT FOR STUDY AND PRESENTATION OF ORDINANCE BEFORE CONSIDERING THE STREET NAMING. M/S: AGUILAR/IZELL. Further discussion, no action on motion. Continued) PREPARE ST. NAME ORD BIB] 37656-U01 1979-U02 02-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9706-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 02 21 CC MIN;¢f4ÊURegular Meeting of the City Council February 21, 1979 of the City of Baldwin Park Page 5 THAT THE NEW INDUSTRIAL STREET BEING CONSTRUCTED NEARA3245 LOS ANGELES ST. BE NAMED LITTLEJOHN ST. IN HONOR OF HENRY L. LITTLEJOHN AND HIS FATHER. M/S: MC NEILL/IZELL Me Neill said to withhold his motion and NAME THIS PARTICULAR STREET AND HOLD IN ABEYANCE ANY OTHER STREETS UNTIL THE ORDINANCE IS IN AFFECT. M/S: MC NEILL/IZELL. Discussion followed. There was no action on this motion. Ro11 call on motion to name street Littlejohn". Ayes: Me Neill/Izell. Noes: Aguilar/King/White. The motion did not carry. 00- Mr. Kelly reviewed the Street lighting report which indicated 1979-80 expenses as $216,000. and revenues as $146,000. a $69,600. shortage. It is questionable that the General Fund can continue to subsidize the program. Tax revenues are about 1/3 of pre-proposition 13 revenues and without state subvention 67% of the street lights would be eliminated. The staff recommended formation of a new district and working with the Edison Company con- verting to a more efficient and economic light source. Discussion followed. Mr. Sexton concurred with the staff report and recommendations, INITIATE PROCEDURE TO FORM A NEW DISTRICT UNDER THE LANDSCAPE AND LIGHTING ACT OF 1972 AND AUTHORIZE THE CHANGE FROM THE AD VALOREM PROCESS TO BENEFIT SPREAD FOR THE LIGHTS AS IN THE EXISTING ASSESSMENT DISTRICT; AND INSTRUCT STAFF TO WORK WITH THE SOUTHERN CALIFORNIA EDISON COMPANY TO CONVERT ALL THE LIGHTS FROM THE EXISTING LIGHT SOURCE TO A MORE EFFICIENT LIGHT SOURCE WHICH WILL REDUCE THE CITY'S ENERGY COSTS. M/S/C: KING/AGUILAR. Roll call. There were no objections. 00- Julian Dawson, Building Superintendent, gave a report on the functions of the Building Inspection Division of the Department of Community Development as follows: The Responsibilities are a) enforcement and Building construe- tion review which includes plan check, permit issuance and construction inspection, b) Code enforcement on Public nuisances, field investigation and foTlowup. c) Building maintenance on dity owned structures, d) collection of business licenses, These operations are performed by four sections. 1) Building Inspection with one plan checker, 2 inspectors and a clerk. 2) Nuisances with an enforcement officer and a clerk typist handling complaints, inspections, notices and forwarding to the District Attorney for legal action. 3) Business License issuance, enforcement and processing handled by two clerks. 4) Building Maintenance and mechanical handled by a stationary engineer and three custodians for the Civic Center, Morgan Park, building. Community Center and the audito rium, He said fifteen million dollars building value which includes 3-1/2 million for this building is in excess of $95,000 over last year. He said that departmentally their basic thrust is Continued) INITIATE 1972 LITE DIST. & CONVERT LITES BIB] 37656-U01 1979-U02 02-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9706-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 02 21 CC MIN;¢f4ÊURegular Meeting of the City Council of the City of Baldwin Park February 21, 1979 Page 6 service to the citizens. He proposed 2 license enforcement officers each to cover one half of the city. Council discussion followed regarding stepping up enforcement on yard sales, back yard violations/ vehicles in yards and possible need for more man- power. 00- Mr. Cunningham reviewed the agenda packet report for Fifth year funding, effective October 1979, for Department of Housing and Urban Development projects. The committee conducted hearings on December 5th & r llth discussing past performance and review of 5th, 6th & 7th year programs. He reviewed priorities and costs for 5th year funding. He said priority No. 14, Child Care Center was deleted as it was not in con- formance with HUD regulations. He said the advertising in newspapers and brochures and loan program wilt advise citizens of the services available. Plans are to train CETA personnel to perform Skill Center functions. The development corporation will provide insurance coverage for the trainees. Councilman Izell requested that Mr. Flandrick check on the insurance coverage and that signs be placed advising the handicapped as to the location of ramps. Discussion followed wherein Mr. Halloway stated the city is self insured and there is insurance coverage. This is to be closely monitored. Mr. Cunningham said total funding wilt be determined about March or April and will be about $850,000. Discussion followed that the order of priorities can be changed, added to or deleted through the County. Mayor White said the old red car building at Ramona and BadiTIo was being considered as a historical center for Historical Society meetings and display of historical items. This would be part of the program. APPROVE RECOMMENDATIONS OF COMMUNITY DEVELOPMENT COMMITTEE FOR FIFTH YEAR H.C.D.A. PROGRAM PROJECTS. M/S/C: AGUILAR/IZELL. There were no objections. 00- Councilman Izell said the Municipal Code Sect. 4032) Rental of Commercial or Manufacturing Building, places a $50.00 license fee and 5t per sq. ft. on buildings over 5,000 sq. ft. He recommended that this charge be H per sq. ft, with a $300. maximum. City Manager Sexton said this had been studied and he concurred that the code should be amended to reflect the change. The suspension will allow staff time to determine who owns and/or operates a business. Mr. Flandrick said this can be accomplished by suspending a portion of the tax as proposed during the current calendar year. Continued) BUS. LICENSE COML. BLDGS. BIB] 37656-U01 1979-U02 02-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9706-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 02 21 CC MIN;¢f4ÊURegular Meeting of the City Council of the City of Baldwin Park February 21, 1979 Page 7 Council concurred on the suspension with a $300. maximum. Mr. Flandrick read by title ORDINANCE NO. 790 AMENDING THE BALDWIN PARK MUNICIPAL CODE RELATING TO BUSINESS LICENSE TAXES. SECTION 4032) WAIVE FURTHER READING AND INTRODUCE ORDINANCE NO. 790 M/S/C: AGU-ILAR/KING. Roll call. There were no obj^:Lions. 00- In answer to Councilman Izell and Aguilar, Chief of Police Chellino said an ordinance regulating false alarms wilt be available about mid-year. The service is not available for a residence. 00- In answer to Councilman King, Chief of Police Chetlino said the tape recorder will soon be functional. He said legislation governing parties is being studied. 00- In answer to Councilman Me Neill, Mr. Lucas said the school representatives for the Youth Advisory Commission will be availabe next week. When all appointments are made a meeting will be called. 00- Mayor White asked that Mr. Lucas discuss with him a format and type of recognition for people involved in the community, including council and staff recommendations 00- Councilman Izell requested that the City Manager re- search and see if there should be a representative from the city to attend the League Seminars on Volunteer Work in the city. 00- ORD. 790 BUS. LICENSE 4032 ORD. 790 INTRODUCED FALSE ALARMS TAPE RECORDER YOUTH ADVISE COM. RECOGNITION OF CITIZENS C.M. RE: REP. TO LEAGUE SEMINAR ON VOLUNTEERS AT 9:04 P.M. ADJOURN TO EXECUTIVE SESSION FOR A MEET AND CONFER" SESSION. M/S/C: KING/IZELL. AT 9:30 THE MEETING RECONVENED. beginning of meeting. Roll call same as at AT 9:30 P.M. THE MEETING ADJOURNED. M/S/C: MC NEILL/IZELL There were no objections. 9:04 P.M. EXEC. SESSION ADJOURN 9:30 P.M. MEETING RECONVENED 9:30 P.M. MEETING ADJOURNED ML^ THELMA L. BALKUS, CITY CLERK APPROVED /^a^€^ V, 1979 Date of Distribution to Council: Date of Distribution to Departments: BIB] 37656-U01 1979-U02 02-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9706-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06