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HomeMy WebLinkAbout1959 06 01 CC MIN1959 06 01 CC MINHÄ—@¸—?Í«REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL CITY HALL COUNCIL CHAMBERS) 14403 East Pacific Avenue The City Council of the City of Baldwin Park met in regular session at the above place at 7:30 P.M. Councilman Holmes lead the salute to the flag. Reverend W. Thomas Lee, First Church of God was to have given the invocation, however, he was unavoidably detained. Roll Call: Present: COUNCILMAN BISHOP, HOLMES,. LITTLEJOHN, WILSON AND MAYOR COLE Also Present: CHIEF ADMINISTRATIVE OFFICER AS14JS, CITY ATTORNEY GORLICK, CITY ENGINEER YOUNG, PLANNING DIRECTOR TEATER AND CITY CLERK BALKUS. COUNCILMAN BISHOP MOVED that the Minutes of the regular meeting of May 18, 1959 be APPROVED as presented and further reading waived. COUNCILMAN LITTLEJOHN SECONDED. As there were no ob- jections the motion carried and was so ordered by Mayor Cole. Mayor Cole asked that any and all members of the audience who wished to speak during the meeting stand and take the oath.. City Clerk Backus administered the oath. With reference to the ordinance recently adopted regarding trailers parked in non-conforming places, Mr. Arthur Reynolds, 13619 East Garvey, requested in behalf of his sister-in-law, that an extension of time be granted to her before enforcing the requirement to move her trailer into a court. Mr. Reynolds explained that his sister-in-law was a widow, had purchased the trailer for $6,000.00 and had lived in it on his property for six years. The trailer had water, electricity, telephone and sewer facilities. He said his sister-in-law would like to postpone moving the trailer until the proposed new trailer court on Francisquito and Puente Avenue was completed, or until she could find something comparable. COUNCILMAN HOLMES MOVED that in view of the information sub- mitted by Mr. Reynolds, that a 30-day extension of time be granted in this particular, case to enable Mr. Reynold's sister- in-law to relocate her trailer. COUNCILMAN LITTLEJOHN SECONDED. There were no objections and the motion carried unanimously and was so ordered by Mayor Cole. Mayor Cole announced that it was 8:00 o'clock P.M. and the time and place fixed for the hearing of protests, objections or ap- peals in respect of the assessment and work under and pursuant to Resolution of Intention, Resolution No. 58-96, and the Im- provement Act of 1911 Assessment District No. 1957-4 Revised, Pacific Avenue. City Clerk Balkus presented affidavits of publication, mailing and posting notice of hearing on assessment. Continued) JUNE 1, 1959 FLAG SALUTE INVOCATION ROLL CALL MINUTES of May 18, 1959 APPROVED. OATH given by City Clerk Backus. 30-day time ex- tension granted to Mr. Arthur Reynolds, 13619 E. Garvey, to relocate trailer. Hearing on Pacific Avenue Assessment Dist. 1957-4 Revised Affidavits presented. BIB] 39589-U01 1959-U02 06-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117340-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 06 01 CC MINHÄ—@¸—?Í«148 Regular Meeting of the Baldwin Park City Council June I, 1959 Page 2 City Clerk Balkus stated that only one written protest had been Written protest received. She read the letter in full which was from Mrs. Mary Mrs. M.D. Walker D. Walker, 14568 Pacific Avenue. Mrs. Walker stated that due to the exorbitant amount and compared with her neighbor's notices, she was sure she must have received the wrong assess- ment notice. City Clerk Balkus stated that she had checked with City Engineer Young regarding Mrs.-Walker's assessment and the amount was correct. City Engineer Young explained that the assessment spread made on City Engineer Pacific Avenue was based on the average cost per square foot explains In ratio to the cost benefit received, The total cost was assessment. $32,537.00, and of that amount the City stood a pre-determined sum of $6,272.00, making the total assessment $26,265.02. The amount was higher than the posted amount because there had been a 7% increase in salaries throughout the county and also an In- crease of 3% in material cost from the time the estimate and hearing were made. The following people spoke protesting the assessment: Verbal Protests. Mrs. Mary Walker, 14568 Pacific Avenue, asked what assessment spread" meant, how it was figured she did not understand why her costs were higher than her neighbors. Reverend W.,Thomas Lee, First Church of God, 14579 Pacific Avenue, asked if, the church could tie-in to the Vineland Avenue sewers as It would be more convenient than Pacific Avenue. City Engineer Young explained the assessment on the church pro- perty was nit and could be tied in on Vineland Avenue; however, the lot next to the church also church property) was not nil and could be tied In with Pacific Avenue sewers. Mrs. James Yates, 14537 East Pacific Avenue, and Mrs. M. Ford, 14564 East Pacific Avenue, spoke protesting the method: of spreading the costs and the amount of assessment. Chief Administrative Officer Asmus explained the 1911 Act Pro- C.A.O. explains ceedings that 60% of the people in one area must sign a 1911 Act. petition that they want sewers. The petition is then sub- mitted to the City Council who acts as a third party and handles the transaction under the 19.11 Act Proceedings. As no one else expressed a desire to'testify, Mayor Cole declared the hearing closed. City Clerk Balkus read a resolution confirming the assessment In full as follows: RESOLUTION OF THE-CITY COUNCIL OF THE C I TY OF. BALDIV I N. PARK, CALIFORNIA, MAKING. DET€RMI NAT I ONS AIVD. CONF i RMi NG ASSESSMENT ANDY PROCEEDINGS DER RESOLUTION OF INTENTION, RESOLUTION NO. 58-96. Assessment District No. 1957-4 Rev.) Pacific Avenue) Continued) BIB] 39589-U01 1959-U02 06-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117340-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 06 01 CC MINHÄ—@¸—?Í«Regular Meeting of the Baldwin Park City Council June 1, 1959 Page 3 WHEREAS, the Superintendent of Streets of the City of Baldwin Park, California, has heretofore filed in the office of the City Clerk of said city an assessment and diagram for that certain work or Improvement in said city done under and pursuant to the Improvement Act of 1911, Division 7 of the Streets and Highways Code of California, and resolution of intention, Resolution No. 58-96, adopted by this City Council on the 2nd day of September, 1958; and WHEREAS, after the filing of said assessment and dia- gram the said City Clerk has, as required by law, given notice of the filing of said assessment and of the time fixed in said notice for hearing by this City Council, and affidavits of publication, posting and mailing of such notice have been approved by this City Council and are on file; and WHEREAS, at the time and place fixed in such notice a hearing was duly held by this City Council at which all written appeals, protests or objections, if any, were duly presented and read, and all persons desiring to be heard thereon were heard, and this City Council gave all persons present an opportunity to be heard in respect of any matter relating to said work or improvement, to any act or deter- mination of the Superintendent of Streets or the City Engineer of said city in relation thereto, to the contract for said work or the performance of said contract, to the correctness of said assessment or said diagram, or to any other act, determination or proceedings of said Superin- tendent of Streets or said Engineer, or to any matter re- lating to said work, the assessment district or the pro- ceedings therefor; and WHEREAS, all such persons desiring to be heard have been heard by this City Council, and this City Council is fully informed In the premises; NOW, THEREFORE, the City Council of the City of Baldwin Park, California, DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER as follows: Section I. That said hearing has been duly held; that each and every step in the proceeding prior to and including the hearing has been duly and regularly taken; that this City Council is satisfied with the correctness of the assessment, the diagram, the proceedings and all matters relating thereto, and all protests, objections, or appeals be and the same are hereby overruled and denied, and this City Council does hereby confirm said proceedings and said assessment. Section 2. That this resolution shall be entered upon the minutes of this City Council. ADOPTED, SIGNED AND APPROVED this day of 1959. Ma r of the City of 8 dwln Park, California City Clerk of the City of Baldwin Park, California Continued) BIB] 39589-U01 1959-U02 06-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117340-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 06 01 CC MINHÄ—@¸—?Í«150 Regular Meeting of the Baldwin Park City Council COUNCILMAN LITTLEJOHN MOVED that RESOLUTION NO. 59-48 be ADOPTED. COUNCILMAN WILSON SECONDED. There were no ob- jections and the motion carried by the following vote: AYES: COUNCILMAN LITTLEJOHN, WILSON, BISHOP, HOLMES AND MAYOR COLE NOES: NONE ABSENT: NONE 00- Mayor Cole announced that It was 8:00 o'clock P.M., and the time and place fixed for the hearing of protests, ob- jections or appeals In respect of the assessment and work under and pursuant to Resolution of Intention, Resolution. No. 58-103, and the Improvement Act of 1911 Assessment District No. 1957-8 Central Avenue. City Clerk Backus presented affidavits of publication, mailing and posting notice of hearing on assessment. City Clerk Balkus read in full letters protesting assessment charges from: Mrs. Estel M. Lawhorn, 14804 East Central Mr. & Mrs. Harold E. Roy, 14808 East Central Mrs.. J. J. Valaitis, 3884 North Big Dalton The following people spoke protesting the assessment: Mrs. Harold Roy, 1-4808 Central Avenue, questioned the City A torney residence requirements; City Attorney fees; O'Melveny & Myers fees plus the City Attorney fees; City Engineer's fees, incidental expenses, sundry expenses; why the posted Notice of Improvement quoted a smaller amount than the final assessment figure, and why the original petition cost was so much lower. Mrs. Estel M. Lawhorn, 14808 Central, asked why the driveways were not in the original petition, and if the City would absorb the Engineer's fees. Mrs. David Van C.leef, 3729 Vineland, asked if there wasn't another way to ac- complish the work than by the 1911 Act Proceedings. In reply to the inquiries, City Engineer Young explained in detail the proceedings and the expenses in relation to the project. COUNCILMAN HOLMES MOVED that the matter be tabled to the next meeting and the discrepancy in the cost figures questioned by Mrs. Roy could be clarified. COUNCILMAN BISHOP SECONDED. City Attorney Gorlick substantiated City Clerk Backus' state- ment that O'lilelveny & Myers had set up a time schedule for action on the proceedings and delay could cause additional expense. In view of the above comment, COUNCILMAN HOLMES, with the can- sent of the SECOND, WITHDREW his MOTION. Continued) June I, 1959 Page 4 RES.NO. 59-48 Pacific Avenue ADOPTED Re: Confirming Assessment Hearing on Central Avenue Assessment District 1957-8 Affidavits presented. Written protests. Verbal protests. BIB] 39589-U01 1959-U02 06-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117340-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 06 01 CC MINHÄ—@¸—?Í«Regular Meeting of the Baldwin Park City Council COUNCILMAN LITTLEJOHN MOVED that the matter be brought back on the Agenda later, and in the meantime, the City Engineer and Bookkeeper could recheck the figures. COUNCILMAN WILSON SECONDED. There were no objections and the motion carried unanimously and was so ordered by Mayor Cole. At 10:00 P.M., COUNCILMAN WILSON MOVED that a 5-minute recess be declared. COUNCILMAN HOLMES SECONDED. There were no ob- jections and the motion carried unanimously and was so ordered by Mayor Cole. The meeting reconvened at 10:05 P.M. Mr. Stearnes, scheduled next on the Agenda, was not present; therefore, COUNCILMAN LITTLEJOHN MOVED the Agenda be taken out of order and that No. 3 under Oral Communications be considered at this time. COUNCILMAN BISHOP SECONDED. There were no objections and the motion carried unanimously and was so ordered by Mayor Cole. Former City Councilman, Mr. Edward Stephens, addressed the Council on behalf of the Associated Members of the Farm Bureau of Baldwin Park. Mr. Stephens requested that Council approve a committee appointed by the Baldwin Park Farm Bureau, and the committee be given authorization to inspect and police their own industry poultry ranches. He proposed that any com- plaints received concerning violators in their industry be re- ferred to the committee and, if necessary, the violators would be prosecuted. Mr. Wendell Jones, Exeuutive Secretary of the Los Angeles County Farm Bureau pledged support to the Baldwin Park Farm Bureau members and their plan to police their own industry. COUNCILMAN HOLMES MOVED that the City Council meet with the Farm Bureau Committee as a whole, in a public meeting, and that the Farm Bureau or a committee of the Farm Bureau be in- vited to attend; and that the City Attorney study the matter and be in a position to advise this Council and the group when they meet as to just exactly what authority this Council is in a position to delegate to such a committee. COUNCILMAN BISHOP SECONDED. There were no objections and the motion carried unanimously and was so ordered by Mayor Cole. Mr. Alex Stearnes of 14852 Joanbridge introduced Mr. Patterson. Mr. Morris Patterson, 14604 Arrow Highway, addressed the Council in behalf of his five neighboring property owners on Arrow High- way, requesting the extension of Joanbridge to Bleecker Street. They proposed to pay the costs with the exception of 2J ft. on each side of Joanbridge which would be reserved and retained by the City. If, at a later date, the property owners facing Bleecker Street, developed the rear of their property and wished to have access to the new street, they would have to pay a pro- rated share of the amount of the cost to extend the street. Mr. W. Burton, 14502 Arrow Highway, and Mr. W. Hayes, 14530 Arrow Highway, two of the five neighbors mentioned by Mr. Patterson, spoke in favor of the proposed extension. Property owners on Bleecker Street opposing the development were: Continued) June 1, 1959 Page 5 Central Avenue to be returned to Agenda later in the evening. Mr. E. Stephens spoke on behalf of Farm Bureau Re: Policing own industry. Public Meeting: City Council and the Farm Bureau. BIB] 39589-U01 1959-U02 06-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117340-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 06 01 CC MINHÄ—@¸—?Í«152 Regular Meeting of the Baldwin Park City Council Mr. George Mumpower, 5115 Bleecker Mrs. Lucille Barnes, 5111 Bleecker Mrs. V. Olds, 5129 Bleecker Mr. W. Morgan, 5135 Bleecker Mrs. George Mumpower, 5115 Bleecker Mr. Arthur Seymour, 5141 Bleecker Those In opposition stated it would create too much truck traffic es well as their objections to the costs involved. They also stated that two meetings had been held and each of them had been asked to pay $900.00 a sum none of them could of ford. June I, 1959 Page 6 City Attorney Gorlick explained that problems of this nature are usually handled by an agreement between the people who are going to put the street In and the City would act as a trustee receive any payment. by a property owner and pass the payment on to the people who Out in the street. The, number of people Involved in•the proration.of the street would be provided in the agreement. The proration would be determined by the City and the people who are paying for- the improvement. It is a contract whereby the City would act as a trustee and agree to accept the money. It was the consensus of opinion that the matter be tabled Joanbridge St. until further study could be made; that maps.with location extension held of property owners and proposal costs should be submitted for study. in writing to the Administrative Staff and then a legal opinion could be submitted by the City Attorney. 00- A written legal opinion pertaining to the 1911 Act Proceed- Salisbury ings, Assessment District 1956-2, Salisbury., from O'Melveny 1956-2 & Myers was presented by City'Cierk Balkus. Mayor Cole stated Legal opinion the letter was for information only. filed. COUNCILMAN BISHOP MOVED that the hearing on Central Avenue Assessment District 1957-8 be brought back on the.Agenda. COUNCILMAN WILSON SECONDED. There were no objections and the motion carried and was so ordered by Mayor Cole. City Engineer Young informed'the Council that the bookkeeper and he, in the presence of Mrs. Roy and Mrs. Lawhorn,,re-checked the costs questioned and that'his figures, as. submitted, were correct. Mrs. Roy had apparently copied her figures incorrectly. City Clerk Balkus read the resolution confirming the Central Avenue Assessment in full as follows: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALIW1N PARK, CALIFORNIA, MAKING DETERMINATIONS AND CONFIRMING ASSESSMENT AND PROCEEDINGS UNDER RESOLUTION OF INTENTION, RESOLUTION NO. 58-103. Assessment'District No. 1957-8) Central Avenue) Central Avenue Assessment Dist. 1957-8 Returned to Agenda. WHEREAS, the Superintendent of Streets of the City of Baldwin Park, California, has heretofore filed in the office of the City Clerk of said city an assessment and diagram for that certain work or improvement in said city done under and pursuant to the Improvement Act of 1911, Division 7 of the Streets and Highways Code of California, and resolution of intention, Resolution No. 58-103, adopted by this City Council on the 15th day of September, 1958; and Continued) BIB] 39589-U01 1959-U02 06-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117340-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 06 01 CC MINHÄ—@¸—?Í«Regular Meeting of the Baldwin Park City Council WHEREAS, after the filing of said assessment and diagram the said City Clerk has, as required by law, given notice of the filing of said assessment and of the time fixed in said notice for hearing by this City Council, and affidavits of publication, Posting and mailing of such notice have been approved by this City Council and are on file; and WHEREAS, at the time and place fixed in such notice a hearing was duly held by this City Council at which all written appeals, protests or objections, if any, were duly presented and read, and all persons desiring to be heard thereon were heard, and this City Council gave all persons present an opportunity to be heard in respect of any matter relating to said work or improvement, to any act or deter- mination of the Superintendent of Streets or the City Engineer of said city in relation thereto, to the contract for said work or the performance of said contract, to the correctness of said assessment or said diagram, or to any other act, determination or proceedings of said Superin- tendent of Streets or said Engineer, or to any matter re- lating to said work, the assessment district or the pro- ceedings therefor; and WHEREAS, all such persons desiring to be heard have been heard by this City Council, and this City Council is fully informed in the premises; NOW, THEREFORE, the City Council of the City of Baldwin Park, California, DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER as follows: Section I. That said hearing has been duly held; that each and every step in the proceeding prior to and including the hearing has been duly and regularly taken; that this City Council is satisfied with the correctness of the assessment, the diagram, the proceedings and all matters relating thereto, and all protests, objections, or appeals be and the same are hereby overruled and denied, and this City Council does hereby confirm said proceedings and said assessment. Section 2. That this resolution shall be entered upon the minutes of this City Council. ADOPTED, SIGNED AND APPROVED this day of 1959. June 1, 1959 Page 7 Maycff of the City of B dwin Park, California ATTEST: City Clerk of the City of Baldwin Park, California COUNCILMAN HOLMES MOVED that RESOLUTION NO. 59-49 be ADOPTED. RES.NO. 59-49 COUNCILMAN WILSON SECONDED. There were no objections.and the Confirming the motion carried unanimously by the following vote: assessment APPROVED. AYES: COUNCILMAN HOLMES, WILSON, BISHOP, LITTLEJOHN AND MAYOR COLE NOES: NONE ABSENT: NONE BIB] 39589-U01 1959-U02 06-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117340-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 06 01 CC MINHÄ—@¸—?Í«154 Regular Meeting of the Baldwin Park City Council Rather than delay members of the audience longer than necessary, COUNCILMAN WILSON MOVED that Item IV, 3 a".on the Agenda be taken at this time. COUNCILMAN HOLMES SECONDED. There were no objections and the motion carried unanimously and was so ordered by Mayor Cole. Chief Administrative Officer Asmus presented, and recommended approval of requests for exempt fee" license to conduct retail sales of fireworks in the City between June 27, 1959 and July 4, 1959, inclusive, from the following organizations: Abraham Lincoln Post #241 National Little League 20-30 Club of Baldwin Park Baldwin Park Lions Club Church of Jesus Christ of Latter Day Saints Baldwin Park Optimist Club Baldwin Park Kiwanis Club Optimist Club of Bassett COUNCILMAN LITTLEJOHN MOVED that the eight 8) organizations that applied be granted a permit to sell fireworks subject to the conditions of the resale fireworks ordinance and that the fees be waived. COUNCILMAN HOLMES SECONDED. There were no objections and the motion carried unanimously by the following vote: AYES: COUNCILMAN LITTLEJOHN, HOLMES, BISHOP, WILSON AND MAYOR COLE NOES: NONE ABSENT: NONE 00- City Attorney Gorlick informed.'Council he had received notice of the court's decision in the condemnation action McCauley property at Central and Virginia Avenue. The court found the property to be worth $3,100.00. Mr. Gorlick stated he was preparing papers for the entry'of judgment and the City will take title after the award has been paid and the final judgment entered, which should be some time next month. 00- City Clerk Balkus presented Ordinance No. 113 for second read- ing. COUNCILMAN LITTLEJOHN MOVED the ordinance be read by title only. COUNCILMAN WILSON SECONDED. There were no ob- jections and the motion carried by the following vote: AYES: COUNCILMAN'LITTLEJOHN, WILSON, BISHOP, HOLMES AND MAYOR COLE NOES: NONE ABSENT: NONE City Clerk Balkus read the ordinance by title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY-OF BALDWIN PARK AMENDING THE TRAFFIC REGULATIONS. COUNCILMAN HOLMES MOVED that ORDINANCE NO. 113 PASS SECOND READING and be ADOPTED. COUNCILMAN BISHOP SECONDED', There were no objections and the-motion carried by the'following vote: June 1, 1959 Page 8 Fireworks licenses granted. City Attorney Report re: City vs McCauley con- demnation case Central and Virginia Ave. OR.NO. 113 PASSED SECOND READING ADOPTED. Re: Traffic Regulations. Continued) BIB] 39589-U01 1959-U02 06-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117340-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 06 01 CC MINHÄ—@¸—? Í«Regular Meeting of the Baldwin Park City Council AYES: COUNCILMAN HOLMES, BISHOP, LITTLEJOHN, WILSON AND MAYOR COLE NOES: NONE ABSENT: NONE City Clerk Backus Informed Council the Ross vs City of Baldwin Park claim for damages in an accident at Dalewood and Puente Avenues, had been received and forwarded to the City's insurance carrier. Mayor Cole stated the report was for information only and no action was required at this time. June I, 1959 Page 9 Ross vs City of B.Pk. Accident Case referred to City's insurance carrier. City Clerk Balkus presented an ordinance for first reading. ORD.NO. 114 COUNCILMAN BISHOP MOVED the ordinance be read by title only. PASSED FIRST COUNCILMAN LITTLEJOHN SECONDED. There were no objections and READING the motion carried by the following vote: Re: Transfer of Building and AYES: COUNCILMAN BISHOP, LITTLEJOHN, Plumbing HOLMES, WILSON AND MAYOR COLE Inspection NOES: NONE functions from ABSENT: NONE County to the City. City Clerk Balkus read the ordinance by title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 8101.5, 8102, 8107, 8.112.3, 8201, 8904, 8962 and 8963 OF THE BALDWIN PARK MUNICIPAL CODE TO IMPLEMENT THE TRANSFER OF BUILDING AND PLUMBING INSPECTION FUNCTIONS FROM THE COUNTY TO THE CITY. COUNCILMAN HOLMES MOVED that ORDINANCE NO. 114 PASS FIRST READING. COUNCILMAN LITTLEJOHN SECONDED.: There were no ob- jections and the motion carried by the following vote: AYES: COUNCILMAN HOLMES, LITTLEJOHN, BISHOP, WILSON AND MAYOR COLE NOES: NONE ABSENT: NONE City Clerk Balkus presented an ordinance for first reading and read the ordinance in full as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 2904 OF THE BALDWIN PARK MUNICIPAL CODE TO CLARIFY THE POWER OF THE CHIEF ADMINISTRATIVE OFFICER OVER APPOINTMENTS. The City Council of the City of Baldwin Park does ordain as follows: Section I. That the second paragraph of subsection a), Section 2904, of the Baldwin Park Municipal Code is amended to read as follows: ORD.NO. 115 PASSED FIRST READING Re: Clarifica- tion of Power of C.A.O. over appointments. Continued) BIB] 39589-U01 1959-U02 06-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117340-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 06 01 CC MINHÄ—@¸—? Í«156 Regular Meeting of the Baldwin Park City Council Appoint, and when necessary for the good of the City, suspend or remove all other` officers and employees of the City, except the City Clerk, City Treasurer, City Attorney, and officers or employees whose appointment Is otherwise provided by law. He may delegate to any department head or officer appointed by him the authority to appoint, suspend, or re- move subordinates serving under such depart- ment head or officer." Section 2. That the City Clerk shall certify to the adoption of this ordinance and cause the same to be published or posted in the manner required by law. This ordinance shall take effect thirty days after the date of its adoption. PASSED and ADOPTED this.,_day of 1959. Lynn H. Cole, Mayor ATTEST: Thelma L. Balkus, City Clerk COUNCILMAN BISHOP MOVED thatORDINAtCE NO. 115 PASS FIRST READ- ING. COUNCILMAN HOLMES SECONDED. The motion carried four to one by the following vote: AYES COUNCILMAN BISHOP, HOLMES, WILSON AND MAYOR COLE NOES: COUNCILMAN LITTLEJOHN ABSENT: NONE 00- Chief Administrative Officer Asmus Informed Council that the, current contract with the State Personnel Board for furnishing examination material for recruitment purposes will expire June 30, 1959. Copies of.a contract,."Cost Service Contract, Form A" were presented to Council for study prior to the meet- ing, and Mr. Asmus recommended that the contract be executed between the City of Baldwin Park and the State Personnel Board for fiscal year 1959-60, and the Mayor be authorized to sign. COUNCILMAN HOLMES MOVED that Council concur with the recommenda- tion of the Chief Administrative Officer and the Mayor be author- ized to sign the contract between the City of Ba'idwin Park and the State Personnel Board. COUNCILMAN WILSON SECONDED. There were no objections and the motion carried unanimously by the following vote: AYES: COUNCILMAN HOLMES, WILSON, BISHOP, LITTLEJOHN AND MAYOR COLE NOES: NONE ABSENT: NONE 00- Chief Administrative Officer Asmus Informed Council the 1959-60 contract between the Baldwin Park School District and the City of Baldwin Park is essentially the same in all parts with the exception of the contribution. from City and the School District. In the previous contract the City and the School District each contributed $9,000.00. The new contract read that the City and School District each contribute $9,500.00. June I, 1959 Page 10 Contract between City and State Personnel Board APPROVED. Mayor authorized to sign. B.Pk. School Dist. Recreation Program Contract APPROVED. $9,500.00) Mayor authorized to sign. Continued) BIB] 39589-U01 1959-U02 06-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117340-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 06 01 CC MINHÄ—@¸—? Í«Regular Meeting of the Baldwin Park City Council Mr. Asmus recommended approval of the contract with the stated changes. COUNCILMAN BISHOP MOVED that Council concur with the recommen- dation of the Chief Administrative Officer and that the Mayor be authorized to sign the contract. COUNCILMAN HOLMES SECONDED. There were no objections and the motion carried unanimously by the following vote: AYES: COUNCILMAN BISHOP, HOLMES, LITTLEJOHN, WILSON AND MAYOR COLE NOES: NONE ABSENT: NONE Chief Administrative Officer Asmus Informed Council that Simon Eisner & Associates had requested an additional ninety 90) days in order to complete planning services for Baldwin Park. The additional ninety 90) days would be without any additional cost to the City and Mr. Asmus recommended that the request be granted. COUNCILMAN LITTLEJOHN MOVED that a ninety 90) day extension of contract be granted to Simon Eisner & Associates. COUNCILMAN BISHOP SECONDED. There were no objections and the motion carried unanimously and was so ordered by Mayor Cole. Chief Administrative Officer Asmus recommended that the City Attorney be instructed to represent the City in a case to deter- mine the status of the Baldwin Park Bulletin with reference to the legal necessity to publish ordinances in that.paper. A filing fee of $19.50, plus attorney's time, preparation and appearance in court, would establish whether the adjudication is vacated, modified or set aside. Discussion followed. City Attorney.Gorlick stated that any litigation involved additional compensation, but he thought this proceeding would be a simple matter involving a very brief court appearance unless there was an appeal. He did not, however, contemplate an appeal because he had discussed the matter with the attorney for the newspaper and he was in agreement as far as the fact that the Baldwin Park Bulletin could not qualify as a newspaper of general circulation. Mr. Gorlick said he would be prepared to waive his attorney fees for the work in the trial court, al- though he would not go beyond that. The work in the trial court consisted of presenting the petition and getting a ruling on adjudication. COUNCILMAN LITTLEJOHN MOVED that the City Attorney be instructed to bring action in court asking the court to render a judgment that the Baldwin Park Bulletin is not a paper of general adjudica- tion in Baldwin Park, and that the necessary filing fees be ap- proved; with the stipulation as stated by the City Attorney that his fees w ld be waived for his work in the trial court. COUNCIL- MAN WILSON SECONDED. There were no objections and the motion carried by the following vote: AYES: COUNCILMAN LITTLEJOHN, WILSON, BISHOP HOLMES AND MAYOR COLE NOES: NONE ABSENT: NONE June I, 1959 Page II Request of Simon Eisner & Associates for 90-day exten- sion of contract. APPROVED. City Attorney instructed to bring action in court asking for judgment that B.Pk. Bulletin is not paper of gen. adjudication in the City. BIB] 39589-U01 1959-U02 06-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117340-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 06 01 CC MINHÄ—@¸—? 1959 06 01 CC MINHÄ—@¸—? Í«Regular Meeting of the Baldwin Park City Council COUNCILMAN HOLMES MOVED that ORDINANCE NO. 116 PASS FIRST READING. COUNCILMAN BISHOP SECONDED. There were no ob- jections and the motion carried by the following vote: AYES: COUNCILMAN HOLMES, BISHOP, LITTLEJOHN, WILSON AND MAYOR COLE NOES: NONE ABSENT: NONE Planning Director Teeter presented Lot Split Case No. 194, a request by Marion V. Davis, for a lot split at 14458 North Merced. Mr. Teater explained the findings of the Planning Commission and that they recommended approval of the lot split subject to the conditions outlined in P.C. Resolution No. 420. COUNCILMAN HOLMES MOVED that the findings of the City Council concur with the findings and recommendations of the Planning Commission and that the lot split be granted subject to the conditions outlined in P.C. Resolution No. 420. COUNCILMAN LITTLEJOHN SECONDED. There were no objections and the motion carried unanimously by the following vote: AYES: COUNCILMAN HOLMES, LITTLEJOHN, BISHOP, WILSON AND MAYOR COLE NOES: NONE ABSENT: NONE Planning Director Teeter presented Lot Split Case No. 190, a request by Mr. Fred W. Rukgaber, for a lot split at 3071 North Baldwin Park Boulevard. Mr. Tenter explained the findings of the Planning Commission and that they recommended approval of the lot split subject to the conditions outlined in P.C. Resolu- tion No. 421. COUNCILMAN BISHOP MOVED that the findings of the City Council concur with the findings and recommendations of the Planning Commission and that the lot split be granted subject to the conditions outlined in P.C. Resolution No. 421. COUNCILMAN WILSON SECONDED. There were no objections and the motion carried unanimously by the following vote: AYES: COUNCILMAN BISHOP, WILSON, HOLMES, LITTLEJOHN AND MAYOR COLE NOES: NONE ABSENT: NONE Planning Director Teeter presented Council with a'summary of the following zone hearings held by the Planning Commission as required by laws of the State Planning Commission: Zone Change Z-58........ 0. Britt Zone Change Z-59........ S.R. Zimmerman Zone Exception ZE-28.... John E. DeWitt Change of Set-back lines on Valle Vista Avenue Mr. Teeter stated the above cases should be set for hearing by the Council. COUNCILMAN LITTLEJOHN MOVED that the cases be set for hearing by the City Council on July 6, 1959. COUNCILMAN HOLMES SECONDED. There were no objections and the motion carried unanimously and was so ordered by Mayor Cole. June 1, 1959 Page 13 Lot Split #194 Marion V. Davis 14458 N. Merced APPROVED. Subject to con- ditions in P.C. Res. #420 Lot Split #190 Fred Rukgaber 3071 N. Baldwin Park Blvd. APPROVED. Subject to con- ditions in P.C. Res. #421. Zone Cases set for hearing by City Council on July 6, 1959. BIB] 39589-U01 1959-U02 06-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117340-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 06 01 CC MINHÄ—@¸—?Í«x,60 Regular Meeting of`the Baldwin Park City Council June I, 1959 Page 14 The next item on the Agenda, Lot Split No. 164, S. Ferrero, was Lot Split #164 tabled until the final decision has been made on the width of S. Ferrero Vineland Avenue. Tabled. City Clerk Balkus presented a resolution allowing payment of RES.NO. 59-50 Payroll Claims and Demands. COUNCILMAN LITTLEJOHN MOVED the ADOPTED. resolution be read.by title only. COUNCILMAN BISHOP SECONDED. Allowing Payroll There were no objections and the motion carried by the follow- Claims and ing vote: AYES: COUNCILMAN LITTLEJOHN, BISHOP, HOLMES, WILSON AND MAYOR COLE NOES: NONE ABSENT: NONE City-Clerk Backus read the resolution by title as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALD WIN PARK ALtONING PAYROLL CLAIMS AND DEMANDS NUMBERS 7076 THROUGH 7146, INCLUSIVE. COUNCILMAN BISHOP MOVED that RESOLUTION NO. 59-50 be ADOPTED, COUNCILMAN WILSON SECONDED. There were no objections and the motion carried by the following vote: AYES: COUNCILMAN BISHOP, WILSON, HOLMES, LITTLEJOHN AND MAYOR COLE NOES: NONE ABSENT: NONE City-Clerk Balkus presented•a resolution allowing payment of RES.NO. 59-51 Certain Claims and Demands. COUNCILMAN LITTLEJOHN MOVED the ADOPTED, resolution be read by title only. COUNCILMAN BISHOP SECONDED. Allowing Certain There were no objections and the motion carried by the follow- Claims and ing vote: Demands. AYES: COUNCILMAN LITTLEJOHN, BISHOP, HOLMES, WILSON AND MAYOR,COLE NOES: NONE ABSENT: NONE City Clerk Balkus read the resolution by title as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLONING CERTAIN CLAIMS AND DEMANDS, NUMBERS 5066 THROUGH 5094, INCLUSIVE. COUNCILMAN LITTLEJOHN MOVED that RESOLUTION NO. 59-51 be ADOPTED. COUNCILMAN WILSON SECONDED. There were no ob- jections and the motion carried unanimously by the following vote: AYES: COUNCILMAN LITTLEJOHN, WILSON, BISHOP,,HOLMES AND MAYOR COLE NOES: NONE ABSENT: NONE In reply to Councilman Littlejohn's inquiry, Chief Adminis- trative Officer Asmus stated there had been no information received from Assemblyman Geddes concerning the parks. C.A.O. reported no information received re parks. 00- BIB] 39589-U01 1959-U02 06-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117340-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 06 01 CC MINHÄ—@¸—?Í«Regular Meeting of the Baldwin Park City Council June I, 1959 Page 15 With reference to negotiations concerning the purchase of Old Central School, Chief Administrative Officer Asmus stated that any official action the City wished to have taken, or any points of legal questions, should be directed through the City Attorney, however, he was of the opinion that quicker action could be made if Council contacted Assemblyman Geddes and Assemblyman Cameron as individual members. Councilman Littlejohn stated he thought the legal questions and political pressure should be directed by City Attorney Gorlick to Assemblyman Cameron and Assemblyman Geddes; that the same proposals should be made and legal opinions requested from the Attorney General. With regard to the 15-day extension of time granted at the last meeting May 18, 1959 for further negotiations on Old Central School, COUNCILMAN HOLMES MOVED that a further ex- tension of time to July I, 1959 be approved. COUNCILMAN LITTLEJOHN SECONDED. There were no objections and the motion carried unanimously and was so ordered by Mayor Cole. Chief Administrative Officer Asmus informed Council there would be a meeting, Thursday, June 4, 1959 at 7:00 P.M. with the Sewer Financial Consulting firm. Mr. Asmus presented a proposal for Council's perusal which was prepared by the firm and explained their method of handling a bond issue. Time extended to July 1, 1959 Re: Old Central School renego- tiations. Sewer Financial Consulting Firm Meeting Thurs. June 4, 1959, 7:00 P.M. At 12:55 A.M. COUNCILMAN LITTLEJOHN MOVED that the meeting ADJOURNMENT to ADJOURN until Monday, June 8, 1959 at 7:30 P.M. COUNCILMAN Monday, June 8, WILSON SECONDED. 1959 at 7:30 P.M. Councilman Holmes stated that he would be unable to attend a meeting on this date and requested that his absence be noted and excused. The motion to adjourn until Monday, June 8, 1959 at 7:30 P.M. carried unanimously and was so ordered by Mayor Cole. Y H. COLE THELMA L. BALKUS y or City Clerk L M DATED: e o /,Y- 1959 BIB] 39589-U01 1959-U02 06-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117340-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 Í«158 Regular Meeting of the Baldwin Park City Council Chief Administrative Officer Asmus requested approval of an allocation in the amount of $80.00 to purchase a gasoline driven 5-kilowatt, 60 cycle generator for use as emergency power at the City Hall. He stated the cost of the equipment new was $1,946.00 but could be purchased through Surplus Property at a total price of $80.00. COUNCILMAN HOLMES MOVED that Council concur with the recommenda- tion of the Chief Administrative Officer and that an allocation of $80.00 be approved for the purchase of the gasoline driven generator. COUNCILMAN WILSON SECONDED. There were no objections and the motion carried by the following vote: AYES: COUNCILMAN HOLMES, WILSON, BISHOP, LITTLEJOHN AND MAYOR COLE NOES: NONE ABSENT: NONE. Chief Administrative Officer Asmus stated he had one item to present which was not on the Agenda. COUNCILMAN WILSON-MOVED the matter be brought on the Agenda. COUNCILMAN BISHOP SECONDED. There were no objections and the motion carried unanimously and was so ordered by Mayor Cole. Chief Administrative Officer Informed Council that escrow would close on the Los Angeles-Stewart Street property as soon as the City's check was deposited to cover the escrow charges. He stated he had received an offer from Mr. Charles Michael to re- move the house at no cost to the City. Mr. Michael wished to salvage the material in the house. Discussion followed concerning liability insurance during the time Mr. Michael would be'demolishing the.stryCture. City Attorney Gorlick advised that the City would be liable for anyone injured on the property after the City acquired title, and that Mr. Michael should have insurance coverage. COUNCILMAN LITTLEJOHN MOVED that the Chief Administrative Officer be authorized to negotiate the matter, and if possible, persuade Mr. Michael to take out Insurance. COUNCILMAN WILSON SECONDED. There were no objections and the motion carried un- animously and was so ordered by Mayor Cole. City Clerk Balkus presented an ordinance for first reading. COUNCILMAN BISHOP MOVED that the ordinance be read by title only. COUNCILMAN WILSON SECONDED. There were'no objections and the motion carried by the following vote: AYES: COUNCILMAN BISHOP, WILSON, HOLMES, LITTLEJOHN AND MAYOR COLE NOES: NONE ABSENT: NONE City Clerk Balkus read the ordinance by title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDNIN PARK AMENDING SECTIONS 4101 AND 4139 OF THE BALI1-W I N PARK MUNICIPAL CODE TO'INCREASE THE DOG LICENSE FEE. June I, 1959 Page 12 Allocation'of $80.00 APPROVED. For purchase of used gasoline driven, 5-kilo- watt, 60 cycle generator. C.A.O. author- ized to nego- tiate with Mr. C. Michael Re: Removal of house on City property at L.A. and Stewart Sts. ORD. NO. 116 PASSED FIRST READING Re: Increase in Dog License Continued) BIB] 39589-U01 1959-U02 06-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117340-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06