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HomeMy WebLinkAbout1959 09 28 CC MIN1959 09 28 CC MINHÄ—@¸—?™Í«ADJOURNED 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 adjourned regular session at the above place at 7:00 P.M. Roll Call: Present: COUNCILMEN HOLMES, WILSON AND MAYOR COLE Absent; COUNCILMEN BISHOP, LITTLEJOHN, AND CITY TREASURER PUGH Also Present: CHIEF ADMINISTRATIVE OFFICER ASMUS, CITY ATTORNEY GORLICK, CITY ENGINEER YOUNG, PLANNING DIRECTOR TEATER AND CITY CLERK BALKUS Councilman Littlejohn was absent due to Illness) Copies of the Annual Audit Report were distributed to Council by Mr. Jim File of Swenson, Clark & File, Certified Public Accountants of the City of Baldwin Park. Mr. File stated that the accounting records of the City of Baldwin Park were In fine shape, no Irregularities, but mentioned that there are some expenditure accounts that exceeded the budget. Discussion followed. It was the consensus of opinion of the Council that they needed time for study of the Audit, Report, and suggested that auditor return after they had had sufficient time to study the report and also when there was a full council. Councilman Wilson reported that he had attended the East San Gabriel Valley Planning Commission Meeting on September 24, 1959, at the Dinnerhorn in Covina. Irwindale was the host and President Teasley was reelected. The president hoped to have more joint community projects. There was also a talk by Captain Peters of the Highway Patrol and Mr. Yeager, Vice-President of the East San Gabriel Valley Realtors. Councilman Wilson stated that the meeting was well attended and most interesting. Mayor Cole reminded Council of the Area D" Meeting on Sept. 29, 1959, at the Dinnerhorn in Covina. The meeting will commence at 6:45 p.m. and dinner will be served at 7:30 p.m. City Attorney Gorlick presented the opinion Council had re- quested at the last regular meeting regarding furnishing of bonds or cash deposits in lieu of putting in curbs, gutters, sidewalks and pavement hook-ups. The question concerning Council was what protection the City had in the event it took a cash deposit, of collecting the increased cost over and above the deposit of Installing curbs, gutters and side- walks when they were installed at some later date by the City. Mr. Gorlick stated that the property owner who puts up the cash deposit is liable for making the installation of curbs, gutters, sidewalks or pavement hook-ups. His liability in this respect can be, and should be in writing at the time the cash deposit is put up. Mr. Gorlick re-examined the existing agreements we are now using in lot split cases and that protection is in those agreements. When a faithful performance bond is put up, the bond itself, by its very nature, insures that the improve- ment will be made, whatever the cost happens to be at the time Continued) SEPTEMBER 28, 1959 283 ROLL CALL Annual Audit Re- ports Auditor to return after Council has had time to study report and when there is full council. Councilman Wilson reported on East San Gabriel Valley Planning Commiss- ion Meeting on Sept. 24, 1959,at the Dinnerhorn in Covina. Area D" Meeting Sept. 29, 1959 at Dinnerhorn in Covina. Meeting at 6:45 p.m. and Dinner at 7:30 p.m. City Attorney's opinion Re: Bonds or cash deposits in lieu of putting in curbs, gutters, sidewalks, or pave- ment hook-ups. BIB] 39589-U01 1959-U02 09-U02 28-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117352-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 09 28 CC MINHÄ—@¸—?™Í«284 Adjourned Regular Meeting of the Baldwin Park City Council September 28,1959 Page 2 the curbs, gutters and sidewalks, or pavement hook-up is made, that the improvements will be made at the then existing cost. Discussion followed. It was the consensus of opinion that City can proceed on basis that bond will be acceptable, providing it is in sufficient amount; and up to the City Engineer to make the lowest estimate possible and then a contingency amount added on so bond will be sufficient, and then have a proper agreement to back it up. 00- Councilman Bishop arrived at 7:55 p.m. he had just left a School Recreation meeting as a representative of City Council) 00- Mayor Cole announced it was 8:00 p.m. and the time and place set for public hearings. Planning Director Teater presented Zone Case Z-66, Tracy Bousman, a request for change of zone A-I to R-2 on property located at 3876 and 3886 Maine Avenue, and gave a brief resume of case. There were no protests and Mayor Cole declared the hearing closed. COUNCILMAN HOLMES MOVED that ORDINANCE NO. 130 be intro- duced at this time. COUNCILMAN WILSON SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. City Clerk Balkus read ORDINANCE NO. 130 by title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAKDWIN PARK AMENDING THE ZONING MAP OF THE PROPERTY AT 3876 and 3886 MAINE AVENUE FROM A-1 to R-2, ZONE CASE NO. Z-66". COUNCILMAN BISHOP MOVED that further reading be waived. COUNCILMAN HOLMES SECONDED. The motion carried by the following vote: AYES: COUNCILMEN BISHOP, HOLMES, WILSON AND MAYOR COLE NOES: NONE ABSENT: COUNCILMAN LITTLEJOHN COUNCILMAN HOLMES MOVED that ORDINANCE NO. 130 PASS FIRST READING. COUNCILMAN WILSON SECONDED. There were no ob- jections, and the motion carried by the following vote: AYES: COUNCILMEN HOLMES, WILSON, BISHOP AND MAYOR COLE NOES: NONE ABSENT: COUNCILMAN LITTLEJOHN 00- Planning Director Teater presented Zone Case Z-67, Henry W. Redeker, a request for change of Zone A-I to R-3 on two lots Councilman Bishop arrived at 7:55 p.m. PUBLIC HEARINGS 8:00 P.M. Zone Case Z-66, Tracy Bousman Request for change of zone A-I to R-2 on property located at 3876 and 3886-Maine Ave. ORD. NO. 130- PASSED FIRST READING Re: Amending the Zoning Map of the City to Change the Zoning of Property at 3876 and 3886 Maine Ave. from A-I to R-2, Zone Case No. Z-66. Zone Case Z-67 Henry W. Redeker Continued) Continued) BIB] 39589-U01 1959-U02 09-U02 28-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117352-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 09 28 CC MINHÄ—@¸—?™Í«285 I Adjourned Regular Meeting of the Baldwin Park City Council south of 3632 Baldwin Park Coulevard, and gave a resume of the case for Council's information. There were no protests and Mayor Cole declared the hearing closed. COUNCILMAN HOLMES made the request that ORDINANCE NO. 131 be introduced and the City Clerk read the Ordinance by title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE ZONING MAP OF THE CITY TO CHANGE THE ZONING OF PROPERTY ON BALDWIN PARK BOULEVARD NEAR MERCED AVENUE FROM A-I TO R-3, ZONE CASE NO. Z-67". COUNCILMAN BISHOP MOVED that further reading be waived. COUNCILMAN WILSON SECONDED. The motion carried by the following vote:, AYES: COUNCILMEN BISHOP, WILSON, HOLMES AND MAYOR COLE NOES: NONE ABSENT: COUNCILMAN LITTLEJOHN COUNCILMAN HOLMES MOVED that ORDINANCE NO. 131 PASS FIRST READING. COUNCILMAN WILSON SECONDED. The Motion carried by the following vote: AYES: COUNCILMEN HOLMES, WILSON, BISHOP AND MAYOR COLE NOES: NONE ABSENT: COUNCILMAN LITTLEJOHN 00- Planning Director Teater presented Zone Change Case Z-65, Raymond L..Berry, a request for change of zone from R-I to R-2 on property at 3927 Bresee Avenue, Baldwin Park. Mr. Teater gave a brief resume of the case for Council's information. COUNCILMAN WILSON MOVED that the date of November 2, 1959, be set for public hearing of Zone Change Case Z-65, Raymond L. Berry. COUNCILMAN HOLMES SECONDED. There were no ob- jections, the motion carried and was so ordered by Mayor Cole. 00- Chief Administrative Officer Asmus requested permission to present several items to Council that were not listed on the Agenda. COUNCItMAN HOLMES MOVED that the items that the Chief Administrative Officer has in mind be brought on the Agenda at this time". COUNCILMAN BISHOP SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. 00- Chief Administrative Officer Asmus stated that he desired an expression from Council regarding the property the City acquired at Central and Virginia Avenues. Mr. Asmus said the party who lives immediately beside this property is in- terested in securing the twenty feet excess that we have Continued) September 28,1959 Page 3 Request for change of zone A-I to R-3 on two lots south of 3632 Baldwin Park Blvd. ORD. NO. 131 PASSED FIRST READING Re: Amending the Zoning Map of the City to Change the Zoning of Property on Baldwin Park Blvd. near Merced Ave. from A-I to R-3, Zone Case No. Z-67. Zone Change Case Z-65 Raymond L. Berry; request for change of zone from R-I to R-2 on property at 3927 Bresee Ave. Date of NOVEMBER 2, 1959 set for public hearing of Zone Change Case Z-65. C.A.O. requested several items be brought on Agenda. City acquired property at Cen- tral and Virginia Avenues Re: Party Interested Continued) BIB] 39589-U01 1959-U02 09-U02 28-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117352-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 09 28 CC MINHÄ—@¸—?™Í«28fi Adjourned Regular Meeting of the Baldwin Park City Council September 28,19% Page 4 over and above that needed for street purposes. in purchasing 20' excess over and Mr. Asmus requested authorization to proceed on bid, above that needed with the understanding that it is questionable if the for street pur- City will get more than one bid on the property, and poses. h t i o muc d will not amount it is probable that the b It was pointed out that the twenty feet is almost C.A.O. instructed valueless except to the immediate property beside it. to advertise this property for Considerable discussion ensued. $500.00. COUNCILMAN BISHOP MOVED that Council instruct Chief Administrative Officer Asmus to advertise this property at a minimum price of $500.00. COUNCILMAN HOLMES SECONDED. There were no objections and the motion carried by the following vote: AYES: COUNCILMEN BISHOP, HOLMES, WILSON AND MAYOR COLE NOES: NONE ABSENT: COUNCILMAN LITTLEJOHN 00- Chief Administrative Officer Asmus stated that a question had arisen regarding the use of the Municipal Auditorium. The Edgewood Players have made an issue over the City's per- mitting other dramatic groups renting the auditorium; it being their feeling that these groups will have a detrimental effect on the patronage due to their presenting inferior per- formances. It was also the opinion of the.Edgewood Players that the City should restrict the use of the auditorium to one organization of each type, i.e., one dramatic group, one musical group, etc. It was the consensus of opinion of Council to permit other organizations to use the auditorium, but to observe the per- formances in order to determine whether or not they would have adetrimental effect upon patronage, and thereby, de- termine that type of plays, etc. and what organizations, should have the use of the auditorium. OQ- Chief Administrative Officer Asmus requested an expression of Council regarding the 1911 Act Improvements on Chevalier Street. It appears the street was in poor condition before the 1911 Act went in,,and now they have gone down the middle and paved most of the street, but by the time they get through putting patch back in, the patch is almost as wide as the existing street. The question was advanced by one of the residents living on the street as to why they couldn't be permitted to go in and pave over to the sidewalks. These people would like to have curb and gutter, but with the expense of the present 1911 Act on sewers, they cannot afford an extra expenditure at this time. The people indicated that they could probably pay. the amount that it would cost to put in blacktop. After much discussion it was the consensus of opinion of Council to have the City Engineer bring back a figure on costs at the next regular meeting for paving the approximate 20 foot street on each of the streets Involved in the 1911 Act. Use of Municipal Auditorium Re: Type of organizations per- mitted use of auditorium; type of performances presented to public, etc. Chevalier St. 1911 Act Improve- ments. 00- BIB] 39589-U01 1959-U02 09-U02 28-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117352-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 09 28 CC MINHÄ—@¸—?™Í«28' I Adjourned Regular Meeting of the Baldwin Park City Council Chief Administrative Officer Asmus stated there is a problem existing where Council grants a lot split and the party goes ahead and builds and completes the structure, and for various reasons has let' contracts for curb and driveway; his rent is up on the house in which he is living and he wants to move in. The Planning Commission Resolution states that improvements must be in before gaining final inspection, so Building Department has been holding up final inspection until these improve- ments are made. There have been instances where, when contracts have been let' and the contractor has not had time to do the work yet, that the house has been released for occupancy. However, Mr. Asmus did not feel that he, nor the Building Department, had the authority to make these decisions as to whether ornot, under certain circum- stances, the people could move in when all work has not been completed. Discussion followed. It was the consensus of opinion of Council that all cases be processed in accordance with the Municipal Code and if, at any time, an exception is requested due to hardship, etc. then Council would make the decision as to final occupancy. 00- Another problem confronting the Chief Administrative Officer wherein he desired guidance of Council was that of the re- moval of trees. City Attorney Gorlick, in his written opinion regarding the removal of trees, stated the rights and obligations of the City and abutting property owner. Discussion followed. It was the decision of Council that the Chief Administrative Officer and the City Attorney get together and discuss the situation further, and that possibly, a resolution outlining the City's policy be drawn up and presented to Council. 00- Chief Administrative Officer Asmus stated he had received a reply from the Pacific Electric Railway Company with reference to the letter he had written them regarding a beautification program. The Pacific Electric Railway Company declined the suggestions of a beautification pro- gram, but stated that they intended to comply with all rules and regulations of the City relative to weed abate- ment. However, they averred that any attempt by individual cities to force the company to maintain its property in any better condition than other tazpayers' property would be strenuously opposed. It was also the opinion of the Pacific Electric Railway Company that only because of the strenuous objection of this City, have they not tried to force the issue as to a reasonable use of their property for commercial development. Discussion followed. Continued) September 28,1959 Page 5 Decision of Council Re: permitting occupancy before final inspection of all work having been com- pleted. Decision of Council Re: Removal of trees. Pacific Electric Railway Company Re: Weed abate- ment and beauti- fication program. City Attorney in- structed to give opinion on how much authority City can exercise in weed abatement control and in cleaning up right-of-way of P.E. Railway Co., and have opinion soon as possible. Continued) BIB] 39589-U01 1959-U02 09-U02 28-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117352-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 09 28 CC MINHÄ—@¸—?™Í«28 Adjourned Regular Meeting of the Baldwin Park City Council COUNCILMAN HOLMES MOVED that Council Instruct the City Attorney to give an opinion on how much authority the City can exercise in weed abatement control and in clean- ing up the right-of-way of the Pacific Electric Railway Company, and have this opinion ready for Council as soon as possible. COUNCILMAN BISHOP SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. 00- At 10:05 P.M. COUNCILMAN HOLMES MOVED the meeting ADJOURN. COUNCILMAN WILSON SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. 00- J September 28,1959 Page 6 bdlOra^~I~I1 ti LYNWH. COLE, MAYOR THELMA L. BALKUS, CITY CLERK DATE c.z L i /# 1959 BIB] 39589-U01 1959-U02 09-U02 28-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117352-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06