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Home My WebLink About1959 12 07 CC MIN1959 12 07 CC MINHÄ—@¸—?ðÍ«366 REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL CITY HALL COUNCIL CHAMBER) 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 Littlejohn led the salute to the flag. Roll Call: Present: COUNCILMEN BISHOP, HOLMES, LITTLEJOHN, WILSON AND MAYOR COLE Absent: CITY TREASURER PUGH Also Present: CHIEF ADMINISTRATIVE OFFICER ASMUS, CITY ATTORNEY GORLICK, ACTING PLANNING DIRECTOR MANSFIELD, CITY ENGINEER YOUNG AND CITY CLERK BALKUS 00- COUNCILMAN HOLMES MOVED that the MINUTES OF NOVEMBER 2, 1959 and NOVEMBER 16, 1959 BE APPROVED AND FURTHER READING WAIVED. COUNCILMAN WILSON SECONDED. There were no ob- jections, the motion carried and was so ordered by Mayor Cole. 00- City Clerk Balkus administered the oath to those in the audience desiring to be heard during the meeting. 00- Mr. George Schwent, 4044 North Merced, Baldwin Park, stated that the easement on Elwyn Drive had suffered excessive traffic; that when heavy rains came flood conditions would exist; that just black-top would not suffice as it would wear away and wash out. He was concerned with the situation and wondered what type of protection would be offered, and how It would be handled. City Engineer Young stated that it was quite customary that during development of a tract permission Is given to put in street improvements; however, he has asked the contractor not to use Elwyn Drive when using the water trucks. Councilman Holmes stated that he had made a check into this matter; that he had reviewed the map that had been approved and noted that there would be a drain built from Jerry Street to Merced. This drain is to be constructed in a 51 easement that is in addition to the existing 201 area of Elwyn Drive, which is an easement, not a public street. It is a roll-over type drain and will be con- structed of black-top, and would be put in at the time the black-top on the street was Installed instead of making a separate installation. The drainage on Merced Avenue would have to be handled as a separate matter as it hasn't anything to do with the easement and drain construction in this particular subdivision. There was discussion by Council wherein it was felt that subdivisions should provide for proper drainage, and in- formed Mr. Schwent that the drain would have to be built and completed before the tract map is recorded and accepted by the City. Mr. Schwent further stated that the amount of water that would be flowing down to Merced Avenue would create a traffic hazard, and that the City should see to it that DECEMBER 7, 1959 FLAG SALUTE ROLL CALL APPROVAL OF MIN- UTES OF NOVEMBER 2, 1959, and NOVEMBER 16, 1959 APPROVED and FURTHER READING WAIVED. OATH administered by City Clerk Balkus. GEORGE SCHWENT 4044 North Merced, Baldwin Park Re: Condition of easement on Elwyn Drive. CITY ENGINEER YOUNG'S OPINION. REPORT BY COUNCILMAN HOLMES DISCUSSION BY COUNCIL. GEORGE SCHWENT Opinions Continued) BIB] 39589-U01 1959-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117361-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 07 CC MINHÄ—@¸—?ðÍ«367 Regular Meeting of the Baldwin Park City Council there is proper drainage. Mr. C.H. Dickenson, 13824 Elwyn Drive, Baldwin Park, stated that if a black-top drain was put in It would not last over a period of two years; and that there should bee concrete curb on the Elwyn side, higher than the street and deep enough to handle sufficient water coming down Jerry. He further stated that when they built the cesspools in this de- velopment the dirt was dropped in mounds in what was supposed to be the drain, instead of on the lots...so now there are mounds of dirt there which would divert rain waters right into Mr. Schwent's backyard... there is no way it could go down Elwyn Drive at the present time. City Clerk Backus administered the oath to those who arrived late and desired to be heard. Mr. Charles McCarthy, 13820 E. Elwyn Drive, Baldwin Park, stated that Mr. Scott's Builder) big watering trucks had broken the wood curbing in front of his place, and that all the mud and dirt had washed down so that he could not get out to his mail box. He questioned Council as to who was responsible for repairing the broken curbing. Council informed Mr. McCarthy that the contractor was responsible for the repair of any damage done. Mayor Cole requested that this matter be brought back on the Agenda later in the evening in order to permit the City Engineer to locate the map involved. 00- Mayor Cole announced that it was 8:00 P.M. and the time and place for public hearings. 00- Mayor Cole stated that the hearing on Zone Case #30, A.P. and L. A. Owen, 3822 N. Baldwin Park Blvd., was now open and asked if there was anyone in the audience desiring to speak in behalf of this case. Mr. Aloysius Owen, 3822 N. Baldwin Park Boulevard, Baldwin Park, stated that he was seeking a zone exception and felt that, at the previous hearing, had not made himself clear, as there appeared to be some misunderstanding. What he had asked for in this zone exception was that he had a building on which he had planned to join an additional building; that, under the present R-2 zoning he would be allowed six residences.....permitting him to have three duplexes each two-stories. He further stated that he could build them under the present conditions with the exception that he would have each one as a single dwelling but that he would like to have four dwellings in one building, due to the way it had been built. Mr. Owen stated that he had received a letter from one of the largest property owners within a radius of 500 feet with regard to his request for a zone exception, and read as follows: Mr. Al Owen 3822 Baldwin Park Blvd. Baldwin Park, California Dear Al: I have received the notification that you are asking a Zone Exception on your property at 3822 Baldwin Park Blvd. and I would have liked to appear at the hearing in order to Continued) December 7, 1959 Page 2 C.H. DICKENSON, 13824 Elwyn Dr. Baldwin Park Re: Need for concrete curb on Elwyn side. OATH ADMINISTERED. CHARLES McCARTHY, 13820 E. Elwyn Drive, Baldwin Park Re: Broken wood curbing mid and dirt. MATTER TO BE BROUGHT BACK ON AGENDA LATER. PUBLIC HEARINGS 8:00 P.M. ZONE CASE #30 A.P. and L. A. Owen,3122 N. Baldwin Park Blvd., Baldwin Park ALOYSIUS OWEN, 3822 N. Baldwin Park Blvd., Bald- win Park Re: Clarification of request of zone exception. BIB] 39589-U01 1959-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117361-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 07 CC MINHÄ—@¸—?ðÍ«368 Regular Meeting of the Baldwin Park City Council say that I heartily approve an O.K. on your petition for the exception, but several already scheduled ap- pointments prevent me from being present on Monday evening at 8:00 o'clock. This note will serve to let you know and any others who are interested in how I feel about the matter. I am of the opinion that the zoning exception should be allowed. Sincerely yours, Father John G. Flack Pastor Mr. Owen concluded by saying that some of his neighbors felt he should request a rezoning rather than a zone exception. Mr. Milton Egley, 3048 North Del Mar, South San Gabriel, California, who owns two pieces of property on Baldwin Park Boulevard adjacent to Mr. Owen, stated that he thought that the exception should be allowed as others in the neighborhood have apartments, churches, real estate buildings, garages, etc., etc., and that Mr. Owen should be permitted to complete his buildings as planned, as they would be an asset to the community. Mayor Cole asked if there was anyone in the audience who wished to speak in opposition to this case. Mr. Albert Messore, 3826-24 Baldwin Park Blvd., Baldwin Park, stated that he owned property at 3834 Baldwin nark Boulevard and is building four new homes there now. He felt that If Mr. Owen should be permitted this R-3 zoning, then the entire neighborhood should have it, because as it Is now, there Is R-2 and R-3 all mixed together, up and down the street. Councilman Littlejohn was of the opinion that Mr. Owen desired R-3 uses on R-2 property; that if this were the indication of the development on the street, then it should all go R-3; that he could not go along with an exception as an exception has limitations and might not accomplish the things for Mr. Owen that he desires. Discussion followed as no one else desired to speak In opposition to the case. Mr. Milton Egley, 3048 North Del Mar, South San Gabriel, stated that he also had property in Alhambra, and what they had been doing in the past when this problem arose was to rezone that particular section for the benefit of all concerned. He felt that the whole block should be rezoned starting from Merced to La Rica on the southerly side of Baldwin Nark Boulevard. City Clerk Balkus stated that a Mr. Joseph Sykes, 3848 N. Baldwin Park Boulevard, Baldwin Park, had called and stated that he hoped that if he were unable to appear tonight, Council would take into consideration his testi- money as It appeared In the Planning Commission resume. Mr. Owen elaborated further on his reasons for desiring a zone exception, and that as far as R-3 zoning was con- cerned, it was something they would all have to get to- gether on and apply for. December 7, 1959 Page 3 MR. MILTON EGLEY, 3048 N. Del Mar So. San Gabriel Re: Opinion that exception should be allowed. ALBERT MESSORE, 3826-24 Baldwin Park Blvd., Bald- win Park Re: Entire neighbor- hood should have R-3 zoning if such is permitted to Mr. Owen. COUNCILMAN LITTLE- JOHN OPINION RE EXCEPTIONS MR. MILTON EGLEY 3048 N. Del Mar So San Gabriel Re: Procedure followed in Alhabra re rezoning. MR. JOSEPH SYKES 3848 N. Baldwin Park Blvd., Bald- win Park Re: Testimony in resume consideration of. FURTHER ELABORA- TION BY MR. OWEN re zone exception request. Continued) BIB] 39589-U01 1959-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117361-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 07 CC MINHÄ—@¸—?ðÍ«369 Regular Meeting of the Baldwin Park City Council At this time Mayor Cole declared the hearing closed, December 7, 1959 Page 4 Acting Planning Director Mansfield read a memo from Mr. MEMO FROM MR. Wood, Building Superintendent, stating that on July 5, WOOD to Planning 1957, Mr. Owen took a permit to construct a 2-family Dept. re Owen residence at the above address...this was to be a 2- case. story building with 2 large rooms upstairs which is shown as A and B on your small plot plans) the far apartment shown as C on plan) to be built later on. As the building progressed, Mr. Owen asked if it would be O.K. to plumb the upstairs for future use for an apartment... Mr. Wood told him It would be. Mr. Owen asked later on about putting a couple of partitions in the upstairs so that it could be is ed for a living quarters, making a duplex out of the building, and I told him that it could be arranged, but if he did, that he would not be able to put on a second apartment downstairs to the north of the existing one. There were no structural changes in- volved in this change...Mr. Owen agreed to this, so a second apartment was made upstairs and permit closed out as per agreement. Signed by Mr. Wood." Mr. Mansfield stated that as long as Council did not have a resolution on this case he would like to read same as it was adopted by the Planning Commission. RESOLUTION NO. 476 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RE HEARING ON ZONE EXCEPTION CASE ZE-30, ALOYSIUS P. AND LORRAINE A. OWEN, 3822 NORTH BALDWIN PARK BOULEVARD. WHEREAS, a public hearing was held by the Planning Commission of the City of Baldwin Park October I, 1959, in the Council Chamber, City Hall, 14403 East Pacific Avenue, Baldwin Park, California, and considered again on October 22, 1959. WHEREAS, on the first day of October, 1959 the Plan- ning Commission considered the application of Aloysius Owen for an exception in zone R-2 two family residence) to build a multiple unit structure at 3822 Baldwin Park Boulevard. NOW, THEREFORE, THE PLANNING>COMMISSION OF THE CITY OF BALDWIN PARK does hereby RESOLVE, DETERMINE and ORDER as follows: Section I. The Planning Commission finds that due notice of the public hearing on October I, 1959 was given as required by the Municipal Code and statutes of the State of California; and the hearing was held in the Council Chamber, City Hall, 14403 East Pacific Avenue, Baldwin Park, California. Section 2. The Planning Commission finds the property to be described as follows: That portion of Rancho La Puente, Book I, Pages 43 and 44 of Patents, in the Office of the County Recorder, legally described as: Beginning at a point in the Easterly line of Covina Boulevard for- merly Covina Street)as shown on map of Tract No. 718, Book 17, Page 17 of Maps, in the Office of the County Recorder of said County, South 41 deg. 53 min. West 160 feet from the most westerly corner of Lot 2, Tract 3889, Book 42, Page 44 of maps, in the Office of the Continued) BIB] 39589-U01 1959-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117361-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 07 CC MINHÄ—@¸—?ðÍ«3 70 Regular Meeting of the Baldwin Park City Council County Recorder;thence South 48 deg. 07 min. East parallel with the southerly line of said Lot 2, 204 feet; thence South 41 deg. 53 min. West parallel with the Easterly line of Covina Boulevard 67.5 feet to the North- erly line of land first described in deed from Moses Stewart and Minnie Stewart to Silas Alvin Engle, dated March 4, 1914, Book 5773, Page 89 of Deeds;thence North 48 deg. 07 min. West along the northerly line of land so described 204 feet to the most Northerly corner thereof;thence North 41 deg. 53 min. East along the Easterly line of Covina Boulevard 67.5 feet to the place of beginning. FINDINGS The Planning Commission finds: December 7, 1959 Page 5 1. The subject property is presently zoned R-2. Two family residence district. 2. The proposed addition to the existing two family dwelling would also be a two family dwelling. 3. The applicant did not originally build in accordance with his proposed plot plans. However, the change in plans was in accord- ance with R-2 development. 4. The proposed exception would be in the category of multiple zoning. 5. Various objections to the request were offered as testimony by two property owners in the vicinity of the subject property. 6. Testimony in favor of the proposed development was offered by two property owners. 7. Approval of the request would create a building not in conformance with existing zoning and land use pattern. DECISION After reviewing the foregoing findings, the Planning Commission hereby recommends denial of the request PASSED AND ADOPTED THIS 5th day of NOVEMBER, 1959. Chairman, Planning Commission Discussion followed regarding changes in the original plans DISCUSSION BY of Mr. Owen, upon which he elaborated for Council's clarlfi- COUNCIL. cation. The suggestion was offered by Council that all the adjacent property owners could get together with Mr. Owen and ask for a zone change on all the properties that desire it, then R-3 usages could be complied with. Continued) BIB] 39589-U01 1959-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117361-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 07 CC MINHÄ—@¸—?ðÍ«371 Regular Meeting of the Baldwin Park City Council December 7, 1959 Page 6 COUNCILMAN LITTLEJOHN MOVED THAT.THE FINDINGS OF THE CITY COUNCIL CONCUR WITH THE FINDINGS OF THE PLANNING COMMISSION AND THAT ZONE CASE #30 BE DENIED, AND THAT THE CITY ATTORNEY BE INSTRUCTED TO PREPARE A RESOLUTION DENYING THIS REQUEST. COUNCILMAN WILSON SECONDED. The motion carried by the following vote: AYES: COUNCILMEN LITTLEJOHN, WILSON, BISHOP, HOLMES AND MAYOR COLE NOES: NONE ABSENT: NONE 00- Mayor Cole announced that this was the time and the place PUBLIC HEARING for the public hearing on Annexation #9, In the vicinity Re: ANNEXATION of Baldwin Park Boulevard and Bess Avenue. As there was #9 Baldwin Park no one in the audience who wished to testify either In Blvd. and Bess behalf of or in opposition to the annexation, the hearing Avenue. was declared closed. COUNCILMAN LITTLEJOHN MOVED THAT ORDINANCE NO. 135 BE READ BY TITLE ONLY. COUNCILMAN WILSON SECONDED. The motion carried by the following vote: AYES: COUNCILMEN LITTLEJOHN, WILSON, BISHOP, HOLMES AND MAYOR COLE NOES: NONE ABSENT: NONE' City Clerk Backus read ORDINANCE NO. 135 by title as follows: ORDINANCE NO. 135 AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIG- NATED ANNEXATION NO. 9" TO THE CITY OF BALDNIN PARK" COUNCILMAN BISHOP MOVED THAT ORDINANCE NO. 135 PASS FIRST ORDINANCE NO. 135 READING. COUNCILMAN HOLMES SECONDED. The motion.carried by PASSED FIRST the following vote: READING. AYES: COUNCILMEN BISHOP, HOLMES, LITTLEJOHN, WILSON AND MAYOR COLE NOES: NONE ABSENT: NONE 00- Mayor Cole stated that Council would return to the matter MATTER OF G. of Mr. George Schwent. SCHWENT. City Engineer Young stated thaf in checking the subdivision REPORT BY CITY plans he found there was a trapezoidal drainage ditch on ENGINEER YOUNG. the east, and that this ditch would take care of any drain- age coming down Jerry Avenue, as the drainage on the south side of Palm leads the water as it now goes across the pro- posed Jerry Avenue on down to Merced. The original intent of this tract was that Jerry Avenue should continue on through, therefore, the drain does have a more or less temporary nature, not being paved on either side of the drain. It Is I' deep, the bottom being 2' wide and the top 4' wide and has 2 1/2' between Elwyn Drive and the pavement and the property line, and of an asphalt-type construction which would last approximately 5-10 years. He further stated that there was no provision for a concrete cross gutter drain at Elwyn and Merced. Continued) BIB] 39589-U01 1959-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117361-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 07 CC MINHÄ—@¸—?ðÍ«*372 December 7, 1959 Regular Meeting of the Baldwin Park City Council Page 7 Councilman Littlejohn stated that the County had found this type of construction unsatisfactory due to the abrasive materials that tear out this type of construction, and that it had been replaced with concrete. General discussion followed with regard to who would have the responsibility of maintaining this drainage ditch; the drainage problem on Merced; putting in a more substantial type of ditch for permanency; health and welfare of City. COUNCILMAN BISHOP MOVED THAT COUNCIL INSTRUCT THE CITY ENGINEER TO TALK TO THE SUBDIVIDER AND SEE WHAT CAN BE DONE ABOUT A BETTER DRAIN AND REPORT BACK TO THE COUNCIL. COUNCILMAN LITTLEJOHN SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. 00- City Clerk Balkus, at the request of Mayor Cole, read the letter from the Chamber of Commerce, Public Relations Com- mittee, James A. Speer, Chiarman, regarding an allocation of $150.00 from the Publicity and Advertising budget for participation with the other Chambers of Commerce and the Realty Board of East San Gabriel Valley in an advertising page in the Los Angeles Examiner Rose Parade yew Years Paper. Chief Administrative Officer Asmus stated that he would like to check this matter further in order to provide Council with a full report, there being no representation present from the Chamber of Commerce. COUNCILMAN LITTLEJOHN MOVED THAT THE CHIEF ADMINISTRATIVE OFFICER BE INSTRUCTED TO SUBMIT A FULL REPORT TO.000NCIL AT THE ADJOURNED MEETING OF DECEMBER 10, 1959. COUNCILMAN HOLMES SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. 00- Mayor Cole presented a letter from the City of Huntington Park with regard to their Resolution No. 4403 protesting the elimination of the tax rate schedule from the County tax bill and requesting the Board of Supervisors to cause the schedule to be printed on all future property tax bills. COUNCILMAN HOLMES MOVED THAT COUNCIL SUBMIT A RESOLUTION SIMILAR TO THAT OF THE CITY OF HUNTINGTON PARK AND DIRECT THE PROPER OFFICIALS TO SIGN AND SEND IT TO THE BOARD OF SUPERVISORS. COUNCILMAN LITTLEJOHN SECONDED. City Attorney Gorlick submitted a resolution, which was read by City Clerk Balkus as follows: RESOLUTION NO. 59-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALI- FORNIA, PROTESTING THE ELIMINATION OF THE TAX RATED SCHEDULE" FROM THE COUNTY TAX BILL, AND REQUESTING THE BOARD OF SUPERVISORS TO CAUSE SAME TO BE PRINTED ON ALL COUNTY TAX BILLS" THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLONS: OPINION BY COUNCILMAN LITTLEJOHN. DISCUSSION BY COUNCIL. MOTION MADE AND CARRIED that Council INSTRUCT CITY ENGINEER TO TALK TO SUBDIVIDER AND SEE WHAT CAN BE DONE RE BETTER DRAIN AND REPORT BACK TO COUNCIL. CHAMBER OF COM- MERCE REQUEST FOR ALLOCATION OF $150.00 for parti- cipation in advtg. page in L.A. Examiner Rose Parade New Year's Paper. MOTION MADE AND CARRIED THAT C.A.O. BE INSTRUCTED TO SUBMIT FULL RE- PORT TO COUNCIL AT ADJOURNED MEETING OF DEC. 10, 1959. RES. NO. 59-132 Re: PROTESTING THE ELIMINATION OF TAX RATE SCHEDULE FROM CO. TAX BILL & REQUESTING BD OF SUPERVISORS TO CUASE SAME TO BE PRINTED ON ALL COUNTY TAX BILLS. ADOPTED. Continued) BIB] 39589-U01 1959-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117361-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 07 CC MINHÄ—@¸—?ðÍ«373 Regular Meeting of the Baldwin Park City Council WHEREAS, the 1959-60 property tax bills do not contain on the back thereof the tax rate schedule" as in former years; and WHEREAS, the City Council of the City of Baldwin Park feels that the elimination of such tax rate schedule" from the County tax bills deprives the taxpayers of tax information to which they are entitled, namely, an itemized statement of the Los Angeles County General rates, school rates, city rates, flood control rates, hospital rates, and other tax rates; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Baldwin Park finds that such elimination of vital tax rate information deprives the taxpayers of this city and the taxpayers of the entire County of facts to which they are entitled; and that the City of Baldwin Park does hereby pro- test the removal from the 1959-60 property tax bills and from all future tax bills of the tax rate schedule" heretofore printed on the back of such tax bills. BE IT FURTHER RESOLVED that the. Board of Supervisors of Los Angeles County, California, and the County Tax Collector are hereby respectfully requested and urged to cause the tax rate schedule" to be printed on all future property tax bills. BE IT FURTHER RESOLVED that the City Clerk shalt certify to the adoption of this resolution and transmit a certified copy of same to the Board of Supervisors and County Tax Collector. ADOPTED and APPROVED this 7th day of December, 1959. Henry J. Littlejohn, Mayor Pro Tem The motion carried by the following vote: AYES: COUNCILMEN HOLMES, LITTLEJOHN, BISHOP, WILSON AND MAYOR COLE NOES: NONE ABSENT: NONE 00- Councilman Littlejohn reported that he had attended the interim Hearing today with Councilman-Bishop in Los Angeles on the special hearings of the Parks and Rec- reation and Special Districts which was under discussion to try and find a means by which the dissolution of the district...whether a fire district, park district, etc. so far as the dispensing of the assets were Involved. He presented the case of Baldwin Park and spoke briefly about the conditions that were involved. 00- Councilman Wilson stated that he had attended the East San Gabriel Valley Planning Meeting last Thursday night, December 3, 1959, which consisted of 4 councilmen, 5 citizens, 3 press, and those on the program. He stated that it was an interesting program with the subjects being Air Pollution and Community Growth" the problems of signs on the San Bernardino Freeway to the Cities in the area, and Mutual Aid". The next meeting will be in Baldwin Park on January 28, 1960. 00- December 7, 1959 Page 8 COUNCILMAN LITTLEJOHN REPORT on Interim Hearing re Parks and Recreation and Special Districts. COUNCILMAN WILSON REPORT RE EAST SAN GABRIEL VALLEY PLANNING MEETING Dec. 3, 1959. BIB] 39589-U01 1959-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117361-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 07 CC MINHÄ—@¸—?ð Í«Regular Meeting of the Baldwin Park City Council City Attorney Gorlick stated that at the November 16th meeting, Councilman Wilson asked about the liability of the private property owner for dangerous and defective conditions in the public sidewalk and reported that there were three situations in which the private property owner would be liable, being: I) Where he creates a dangerous or defective condition by his own action. 2) Where he erects or constructs something on the public sidewalk for his own benefit a benefit which serves a use independent of, and apart from the ordinary and accustomed use for which the sidewalks are de- signed; and 3) Where he is made liable by statute. At present, we can only say that liability is possibly imposed by statute...."possibly" because there are no decided cases directly on the point. Statutory liability, if it exists, would be predicated upon Secton 5641 of the streets and Highway Code, which section pro- vides that when the defect in the street or sidewalk has existed for a period of 24 hours or more after written notice thereof to the Superintendent of Streets, then the person on whom the law may have imposed the obligations to repair such defect in the street or sidewalk, and also, the officer through whose official negligence such defect remains unre- paired, shall be jointly and severally liable to the party injured for the damage sustained; provided that the Superintendent of Streets has the authority to make repairs, under the direction of the Council, at the expense of the City". which means, in effect, that if the private property owner is given notice to repair that he has an obligation to make the repairs even though they are the result of ordinary wear and tear). Under the Streets and Highways Code an owner can be served with notice to repair. If he does not make repairs within 10 days then the City can make the repairs and charge the cost thereof to the owner. If the owner Is given notice to repair, but does not make repairs and somebody is injured, some legal authorities believe that he would be liable, jointly with the City. In a recent case, decided in the last year or two by the California Supreme Court it was held that where the City is sued for a sidewalk injury and is liable therefore, it can collect from the private property owner if he is jointly liable. Chief Administrative Officer Asmus stated that at a previous meeting Council had indicated that they were prepared to make repairs to sidewalks if they were.damaged by trees, or by something that was under the City's jurisdiction, and as a result of that decision by Council, have budgeted the sum of $10,000.00 that could be expended in making repairs in the City. At that time, however, Council seemed to indi- cate that where it was normal wear and tear and deteriora- tion of sidewalks, that the property owner should be re- sponsible, but in our City the majority of. the defects in the sidewalks are the results of the trees raising them. Discussion followed with regard as to what constituted normal wear and tear" and that a distinction of policy regarding responsibility should be made. December 7, 1959 Page 9 CITY ATTORNEY GORLICK REPORT RE LIABILITY OF PRIVATE PROPERTY OWNER RE DANGER- OUS & DEFECTIVE CONDITIONS IN PUBLIC SIDEWALK C.A.O. REPORT RE REPAIRS TO SIDE- WALKS Re City's responsibility. DISCUSSION BY COUNCIL. Mayor Cole stated this had been a matter of information and for discussion only. BIB] 39589-U01 1959-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117361-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 07 CC MINHÄ—@¸—?ð Í«375 Regular Meeting of the Baldwin Park City Council City Clerk Balkus stated that two applications for transfer of alcoholic beverages had been received, being: I) Armide's Place, 14313 E. Garvey Avenue, Baldwin Park Dorothea K. and Edward S. Rosenthal) and 2) The Ball-Hi, 14333 E. Garvey Blvd., Baldwin Park Bob D.'and Helen V. Brewer and Robert K. Legerton). COUNCILMAN BISHOP MOVED THAT THESE APPLICATIONS FOR TRANSFER OF ALCOHOLIC BEVERAGE LICENSE BE RECEIVED AND FILED. COUNCIL- MAN LITTLEJOHN SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. 00- City Clerk Balkus presented a request by Mrs. John J. Sarrall petitioning that their property be anexed by the City of Baldwin Park. The proposed annexation is in the vicinity south of Francis- quito, east of Walnut Creek Wash and west of Puente Avenue. The back half has been sold to the Bassett School District. City Engineer Young stated that this fmatter had been dis- cussed at the Planning Commission meeting; that draingage was somewhat a problem but could be worked out without much difficulty; that Walnut Creek Wash is now being prepared, and as it now stands the bridge over the wash Is all in County territory; that Council recommended that a foot- bridge or widening on one side be done, which, after con- tacting the Flood Control District, would have to be at the expense of the County. Discussion followed wherein it was the gneral consensus of opinion thatthis would be an inhabited annexation due to the existence of 5-6 houses in that area; that as much proper- ty as possible be included in this area just so an island was not created; that a report should be sent to the Boundary Commission in order to get started on-this. COUNCILMAN HOLMES MOVED THAT COUNCIL INSTRUCT THE CHIEF ADMINISTRATIVE OFFICER, CITY ENGINEER, CITY CLERK AND CITY ATTORNEY TO PROCEED WITH THIS ANNEXATION AND BRING BACK A REPORT AC(D RDING TO THE GENERAL OUTLINE AS SHOWN BY THE CHIEF ADMINISTRATIVE OFFICER. COUNCILMAN BISHOP SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. City Clerk Balkus stated there were two zone cases to be set for public hearing, being Z-70 Ciai'lemlore) and Z-71 Hannah- Arlotti-Minger), and suggested the date of January 4, 1960. COUNCILMAN LITTLEJOHN MOVED THAT CASES Z-70 and Z-71 BE SET FOR PUBLIC HEARING ON JANUARY 4, 1.960, at 8:00 P.M. COUNCIL- MAN HOLMES SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. 00- COUNCILMAN HOLMES MOVED THAT RESOLUTION NO. 59-131 BE READ BY TITLE ONLY. COUNCILMAN WILSON SECONDED. The'motlon carried by the following vote: AYES: COUNCILMEN HOLMES, WILSON, BISHOP, LITTLEJOHN AND MAYOR COLE NOES: NONE ABSENT: NONE December 7, 1959 Page 10 APPLICATIONS 2) FOR TRANSFER OF ALCOHOLIC BEVERAGES Armide's Place and Ball-Hi) RECEIVED & FILED. REQUEST''FOR AN- NEXATION by Mrs. J.J. Sarrail So. of Francis- quito and west of Puente Ave. REPORT BY CITY ENGINEER YOUNG. DISCUSSION BY COUNCIL. MOTION MADE AND CARRIED that Coun- cil INSTRUCT C.A.0. CITY ENGR., CITY CLERK & CITY ATTY TO PROCEED WITH ANNEXATION & BRING BACK REPORT. SET FOR PUBLIC HEARING JANUARY 4, 1960, Z-70 Gallemore) Z-71 Hannah-Arlotti- Minger) RES. NO. 59-131 Re: URGING DELAY IN THE CONSOLIDA- TION OF ALL MUNICIPAL COURTS IN L.A. COUNTY. ADOPTED. Continued) BIB] 39589-U01 1959-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117361-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 07 CC MINHÄ—@¸—?ðÍ«Regular Meeting of the Baldwin Park City Council City Clerk Balkus read RESOLUTION NO. 59-131 by title as follows: December 7, Page II 1959 RESOLUTION NO. 59-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK URGING DELAY IN THE CONSOLIDATION OF ALL MUNICIPAL COURTS IN LOS ANGELES COUNTY" COUNCILMAN HOLMES MOVED THAT RESOLUTION NO. 59-131 BE ADOPTED. COUNCILMAN BISHOP SECONDED. The motion carried by the following vote: AYES: COUNCILMEN HOLMES, BISHOP, LITTLEJOHN, WILSON AND MAYOR COLE NOES: NONE ABSENT: NONE Chief Administrative Officer Asmus presented a request and recommendation for a crosswalk at Syracuse and Bess Avenue as prepared by City Engineer Young. The Intersection is a four-way stop, and with the number of school children crossing this street, it was the recommendation of the City Engineer that this crosswalk be established across Syracuse on the south side of the Intersection and across Bess Avenue on the east side of the intersection. COUNCILMAN HOLMES MOVED THAT COUNCIL CONCUR WITH THE RECOM- MENDATIONS OF THE CITY ENGINEER AND THAT THE CROSSWALK BE INSTALLED. COUNCILMAN LITTLEJOHN SECONDED. The motion carried by the following vote: AYES: COUNCILMEN HOLMES, LITTLEJOHN, BISHOP, WILSON AND MAYOR COLE NOES: NONE ABSENT: NONE Chief Administrative Officer Asmus presented the matter regarding the improvement of Stewart Avenue, and recom- mended that Council authorize the City Engineer to go to bid to Improve the City-owned lot on the corner of Stewart and Los Angeles; that Council authorize the paving of,#he entire length of Stewart Avenue from approximately just a few hundred feet north of Palm on out to Los Angeles and around the corner of the City-owned property. Council had already indicated they would do this with the exception of the 265' where the property is being used for nursery pur- poses. The people living there are willing, at this time, to make the necessary dedication to the City for street widening. Discussion followed wherein it was determined that the total improvement cost would be $4,391.00 with $2,896.00 being for improvements along privately owned property and $1,495.00 for improvements to City-owned property. Mrs. Clarence M. Todden, 4252 Stewart Avenue, Baldwin Park, stated that the children play in the soft dirt every day and that it was very hazardous. Also, that the people owning the nursery had informed her that they would be glad to put in curbs and gutters if their property was not sold. REQUEST FOR CROSSWALK AT SYRACUSE AND BESS AVENUES. MOTION MADE AND CARRIED that Council CONCUR WITH RECOMMENDA- TIONS OF CITY ENGINEER AND CROSSWALK BE IN- STALLED. I MPROVEMENT OF STEWART AVENUE. DISCUSSION BY COUNCIL. MRS. C.M. TODDEN 4252 Stewart Ave. Baldwin Park Re: Hazardous conditions. Continued) BIB] 39589-U01 1959-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117361-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 07 CC MINHÄ—@¸—?ð 1959 12 07 CC MINHÄ—@¸—?ð Í«I 1 Regular Meeting of the Baldwin Park City Council COUNCILMAN BISHOP MOVED THAT COUNCIL CONCUR WITH THE RECOM- MENDATIONS OF THE CHIEF ADMINISTRATIVE OFFICER AND EMPLOY THE FIRM OF SWENSON, CLARK & FILE AS AUDITORS OF THE CITY OF BALDWIN PARK AT A FEE OF $1,950.00 FOR THE SEMI-ANNUAL REPORTS. COUNCILMAN WILSON SECONDED. The motion carried by the following vote: AYES: COUNCILMEN BISHOP, WILSON, HOLMES, LITTLEJOHN AND MAYOR COLE NOES: NONE ABSENT: NONE 00- Chief Administrative Officer Asmus presented a report with reference to the authority to grant setbacks and building line exceptions. He stated that duri ng recent weeks It had been indicated that this provision could become the subject of considerable abuse, yet the abrupt deletion of this provision, without adoption of a modified version of the same principle, would be somewhat Impractical in actual application. Further, two examples of the impracticality of deleting this provision, as had been brought to his atten- tion, were cited for Council's information. It was the recommendation of the Chief Administrative Officer that an emergency ordinance, which would provide the temporary relief required, but also provide a sound legal basis for certain administrative officials to make minor exceptions, as prepared by the City Attorney, be adopted. Considerable discussion followed wherein City Attorney Gorlick explained the need for Section 9100.456 as being part of the ordinance; the delegation of responsibility whether that of the legislative body or of the paid employee..was dis- cussed; the acceptable wording of the proposed amendment to the ordinance; that the Building Department appeared to be the logical department to handle this as they do all the checking out", etc. COUNCILMAN HOLMES MOVED THAT THIS ORDINANCE BE PREPARED BY THE CITY ATTORNEY AND THAT THE COUNCIL BE ADVISED IMMEDIATELY OF ANY EXCEPTIONS GRANTED AND THE REASONS THEREFORE. COUNCIL- MAN WILSON SECONDED. WITH THE CONSENT OF THE SECOND COUNCILMAN HOLMES WITHDREW HIS MOTION. COUNCILMAN LITTLEJOHN MOVED THAT AN INSERTION BE MADE IN THE EMERGENCY ORDINANCE REGARDING GRANTING EXCEPTIONS TO YARD AND BUILDING SETBACK REGULATIONS, BEING THAT THE SUPERINTENDENT SHALL NOTIFY THE CITY COUNCIL IN WRITING OF ALL EXCEPTIONS GRANTED AND THE REASONS THEREFORE". COUNCIL- MAN HOLMES SECONDED. There were no objections, the motion carried and was'so ordered by Mayor Cole. COUNCILMAN LITTLEJOHN MOVED THAT THE CITY CLERK READ THIS EMERGENCY ORDINANCE IN ITS ENTIRETY. COUNCILMAN HOLMES SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. City Clerk Balkus read ORDINANCE NO. 135-A in full, as follows: ORDINANCE NO. 135-A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE PROCEDURE FOR GRANTING EXCEPTIONS TO YARD AND BUILDING SETBACK REQUIRE- MENTS WITHOUT PUBLIC HEARING" Continued) 78 December 7, 1959 Page 13 MOTION MADE AND CARRIED that Council CONCUR WITH RECOM- MENDATIONS OF C.A.O. AND EMPLOY FIRM OF SWENSON, CLARK & FILE AS AUDITORS OF CITY AT FEE OF $1,950.00 FOR SEMI-ANNUAL RE- PORTS. REPORT BY C.A.O. RE AUTHORITY TO GRANT SETBACKS AND BUILDING LINE EXCEPTIONS. OPINION BY CITY ATTORNEY GORLICK. MOTION MADE AND WITHDRAWN MOTION MADE AND CARRIED THAT AN INSERTION BE MADE IN EMERGENCY ORD. RE GRANTING EX- CEPTIONS TO YARD & BLDG. SETBACK REGULATIONS, being THAT SUPT. SHALL NOTIFY CITY COUNCIL IN WRITING OF ALL EXCEPTIONS GRANTED AND REASONS THERE- FORE. MOTION MADE AND CARRIED that City Clerk READ THIS EMERGENCY ORDI- NANCE IN ENTIRETY. BIB] 39589-U01 1959-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117361-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 07 CC MINHÄ—@¸—?ðÍ«3 79 Regular Meeting of the Baldwin Park City Council December 7, 1959 Page 14 The City Council of the City of Baldwin Park does ordain as follows: Section I. That the Baldwin Park Municipal Code is amended by adding a new section designated Section 9100.535.1 to Part 2, Division V of Chapter I, Article IX, known as the Interim Zoning Ordinance, to read as follows: Section 9100.535.1. YARD AND BUILDING SETBACK EXCEPTIONS. The Superintendent of the Building Depart- ment,,with the approval of the Chief Administrative Officer, may grant exceptions from the yard and building setback requirements of this chapter without a public hearing where topographic features, subdivision plans, or other conditions create an unnecessary hardship, make the regulation unreasonable, or make it obviously imprac- tical to require compliance therewith, and because of special circumstances applicable to the property, includ- ing size, shape, topography, location or surroundings, the strict application of the setback requirement is found to deprive the property of privileges enjoyed by other properties in the vicinity and under identical zone classification. For the purposes of this section, the Superintendent of the Building Department is hereby designated Zoning Administrator. Exceptions granted under this section shall be subjected to such conditions as will assure that they shall not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and zone in which the subject property is located. The action of the Superin- tendent of the Building Department may be appealed to the City Council by filing a notice of appeal with the City Clerk within fifteen I5) days from the time the Superintendent has acted. The Superintendent shall notify the City Council in writing of all exceptions granted and the reasons therefor. Section 2. That Section 9100.456 of said zoning ordi- nance is repealed. Section 3. That this ordinance is declared to be an emergency ordinance for the immediate preservation of the public peace, health, and safety.' The facts constituting the emergency are as follows: The Interim Zoning Ordinance requires a I5-foot side yard building line setback when residences are constructed on residentially zoned property or A-I property abutting A-i property. The Intent of the City Council was to require such setback only when certain agricultural uses existed on the abutting A-I property. Pending amendment to give effect to this Intent, several property owners have applied for an exception from the set- back requirement. At present, Secton 9100.456 of the Interim Zoning Ordinance authorizes the City Council, City Engineer, and Planning Director to grant such exceptions. The purpose of this amendment is to place such authority solely In the Superintendent of the Building Department and to clarify that such exceptions may be granted without public hearing. This ordinance does not amend the, present setback requirements. Section 4. The City Clerk shall certify to the adopt- ion of this ordinance and shall cause the same to'be pub- lished as required by law. This ordinance shall take effect immediately upon its adoption. ADOPTED by the City Council, signed by the Mayor, and attested by the City Clerk this 7th day of December, 1959. Henry J. Littlejohn, Mayor Pro Tem Continued) BIB] 39589-U01 1959-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117361-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 07 CC MINHÄ—@¸—?ðÍ«Regular Meeting of the Baldwin Park City Council COUNCILMAN LITTLEJOHN MOVED THAT THE ORDINANCE BE ADOPTED. COUNCILMAN WILSON SECONDED. The motion carried by the following vote: AYES: COUNCILMEN LITTLEJOHN, WILSON, BISHOP, HOLMES AND MAYOR COLE NOES: NONE ABSENT: NONE 3SQ December 7, 1959 Page 15 ORD. NO. 135-A RE: AMENDING PRO- CEDURE FOR GRANT- ING EXCEPTIONS TO YARD & BLDG. SET- BACK REQUIREMENTS WITHOUT PUBLIC HEARING. ADOPTED. Chief Administrative Officer Asmus presented the matter of the employment of Simon Eisner and Associates as Planning Consultants, on a temporary basis, pending the recruit- ment and selection of a qualified Planning Director, and that the total expenditure for consulting service shall not exceed'$500.00 in any one month without prior recommenda- tions as to need by the Planning Commission and approved by the City Council. He also recommended that Stanley R. Mansfield be appointed Acting Planning Director at a salary of $599.00 per month pending selection of a new Director, as Mr. Mansfield has been carrying the responsi- bilities of this department, plus the fact that he was accumulating compensatory time at a rate of several days per month. Mr. Asmus further stated that the current budget provided a salary of $675.00 per month for Director, and based on his recommendations that Mr. Mansfield be compensated $100.00 more than his current salary and a maximum of $500.00 per month for consulting service a total expenditure of $600.00), a sum of $75.00 would be available for other purposes. Discussion followed wherein it was determined that Mr. Mansfield, if appointed Acting Planning Director, would not be entitled to further compensatory time and that the Chief Administrative Officer, Planning Commission and Acting Planning Director would have the authority to call Simon Eisner without prior recommendation. COUNCILMAN LITTLEJOHN MOVED THAT SIMON EISNER & ASSOCIATES BE EMPLOYED AS PLANNING CONSULTANTS TO PERFORM SERVICES AS OUTLINED IN THEIR LETTER OF NOVEMBER 3, 1959, ON A TEMPORARY BASIS PENDING RECRUITMENT OF A PLANNING DIRECTOR IN AN AMOUNT NOT TO EXCEED $500.00 IN ANY ONE MONTH, WITH- OUT PRIOR RECOMMENDATIONS. COUNCILMAN BISHOP SECONDED. The motion carried by the following vote: AYES: COUNCILMEN LITTLEJOHN, BISHOP, HOLMES, WILSON AND MAYOR COLE NOES: NONE ABSENT: NONE COUNCILMAN HOLMES MOVED THAT RESOLUTION NO. 59-130 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDMIIN PARK APPOINTING STANLEY R. MANSFIELD ACTING PLANNING DIRECTOR FIXING HIS SALARY AS SUCH" BE ADOPTED. COUNCILMAN WILSON SECONDED. The motion was carried by the following vote: AYES: COUNCILMEN HOLMES, WILSON, BISHOP, LITTLEJOHN AND MAYOR COLE NOES: NONE ABSENT: NONE EMPLOYMENT OF SIMON EISNER & ASSOCIATES as PLANNING CONSULT- ANTS on a tem- porary basis pending recruit- ment of Planning Director at total expenditure nd to exceed $500.00 in any one month and APPOINTMENT OF STANLEY R. MANSFIELD as Act. Plan. Director with an increase in salary of $100.00 monthly. DISCUSSION BY COUNCIL. MOTION MADE & CARRIED THAT SIMON EISNER & ASSOC. BE EMPLOYED AS PLANNING CONSULT- ANTS TO PERFORM SERVICES AS OUT- LINED IN LETTER OF 11/3/59 ON TEMPORARY BASIS PENDING RECRUIT- MENT OF PLAN. DIR. IN AMOUNT NOT TO EXCEED $500.00 IN ANY ONE MONTH. MOTION MADE AND CARRIED THAT STANLEY R. MANS- FIELD BE APPOINTED ACT. PLAN. DIR. FIXING HIS SALARY AS SUCH. BIB] 39589-U01 1959-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117361-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 07 CC MINHÄ—@¸—?ðÍ«X81 Regular Meeting of the Baldwin Park City Council Chief Administrative Officer Asmus presented a request for an allocation for a tree spray rig 500 gallon) which, with a 751 hose and attachments, would cost over $700.00. This rig would be used throughout the City in spraying for destructive bugs, beetles, etc., on trees and would also be used in the spraying of weeds in parkways. Discussion followed. COUNCILMAN LITTLEJOHN MOVED THAT AN ALLOCATION NOT TO EX- CEED $750.00 BE GRANTED TO PURCHASE THE TREE SPRAY RIG. COUNCILMAN WILSON SECONDED. The motion carried by the following vote: AYES: COUNCILMEN LITTLEJOHN, WILSON, BISHOP, HOLMES AND MAYOR COLE NOES: NONE ABSENT: NONE 00- City Clerk Balkus presented and read a letter from City Engineer Young submitting Final Map, Tract No. 24770. Brief discussion followed. COUNCILMAN HOLMES MOVED THAT FINAL MAP, TRACT NO. 24770 BE APPROVED AND THE NECESSARY OFFICIALS BE AUTHORIZED TO SIGN. COUNCILMAN BISHOP SECONDED. The motion carried by the following vote: AYES: COUNCILMEN HOLMES, BISHOP, LITTLEJOHN, WILSON AND MAYOR COLE NOES: NONE ABSENT: NONE 00- Chief Administrative Officer Asmus presented a resume of Tract No. 21197 R.N. Scott) with reference to the ac- ceptance of bond in lieu of improvements. He stated that Mr. Scott had requested' permission to proceed to build a house on the quarter lot of the proposed subdivision and get finals on it without installing the curb, gutter and sidewalks at 4444 N. La Rica. The City Engineer recom- mended that, Instead of waiving requirements for curb, gutter and sidewalks in front of one house, that the City accepted a performance bond in the amount of $2,100.00 for construction of curb, gutter, cross-gutter, sidewalks and pavement improvements on La Rica Avenue all the way along La Rica including that area that would be involved in this subdivision when it is approved. There was discussion wherein it was the general consensus of opinion that a cash deposit would be more desirable, as a bond runs out in a year. COUNCILMAN HOLMES MOVED THAT COUNCIL ACCEPT A $250.00 CASH DEPOSIT FOR THE INSTALLATION OF CURB AND GUTTER AT 4444 NORTH LA RICA. COUNCILMAN LITTLEJOHN SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. December 7, 1959 Page 16 TREE SPRAY RIG Request for allocation. 500 gallon) with 75' hose and attachments Cost over $700.00. MOTION MADE AND CARRIED that an ALLOCATION NOT.TO EXCEED $750.00 BE GRANTED TO PURCHASE THE TREE SPRAY RIG. FINAL MAP, TR. 24770 Tracy R. Bousman MOTION MADE AND CARRIED THAT FINAL MAP, TR. NO. 24770 BE APPROVED AND NECESSARY OFFICIALS OF AUTHORIZED TO SIGN. TR. NO. 21197 R.N. Scott 4444 N. La Rica Re: Acceptance of bond in lieu of improvements. DISCUSSION BY COUNCIL. MOTION MADE AND, CARRIED THAT COUNCIL ACCEPT A $250.00 CASH DE- POSIT FOR IN- STALLATION OF CURB & GUTTER AT 4444 N. LA RICA. 00- BIB] 39589-U01 1959-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117361-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 07 CC MINHÄ—@¸—?ðÍ«382 Regular Meeting of the Baldwin Park City Council December 7, Page 17 1959 Acting Planning Director Mansfield presented Lot Split Case LOT SPLIT CASE No. 225, a request by Harold L. and Lois M. Fetterolf for #225, P.C. RES. a lot split at 4937 North Stewart Avenue. Mr. Mansfield #479 H.L. and explained the findings of the Planning Commission and that L.M. Fetterolf, they recommended approval of the lot split subject to the 4937 N. Stewart conditions in Planning Commission Resolution No. 479. Avenue, Park. Baldwin 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 PLANNING COMMISSION RESOLUTION #479, AS SHOWN UNDER ITEM IV, REPORTS OF OFFICERS AND COMMISSIONS, SECTION. If", PLANNING COMMISSION, APPROVED. ITEM 2. COUNCILMAN HOLMES SECONDED. The motion carried by the following vote: AYES: COUNCILMEN BISHOP, HOLMES, LITTLEJOHN, WILSON AND MAYOR COLE. NOES: NONE ABSENT: NONE Acting Planning Director Mansfield presented Lot Split Case No. 230, a request by Richard J. Cheroske for a lot split at 3778 Baldwin Park Boulevard. Mr. Mansfield explained the findings of the Planning Commission and that they recom- mended approval of the lot split subject to the conditions in Planning Commission Resolution No. 480. COUNCILMAN LITTLEJOHN 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 PLANNING COMMISSION RESOLUTION NO. 480, AS SHOWN UNDER ITEM IV, REPORTS OF OFFICERS AND COMMISSIONS, SECTION f", PLANNING COMMISSION, ITEM 3. COUNCILMAN WILSON SECONDED. The motion carried by the following vote: AYES: COUNCILMEN LITTLEJOHN, WILSON, BISHOP, HOLMES AND MAYOR COLE NOES: NONE ABSENT: NONE Acting Planning Director Mansfield presented Lot Split Case No. 224, a request by Bill F. Howard for a lot split at 3251 Vineland Avenue. Mr. Mansfield explained the findings of the Planning Commission and that they recommended approval of the lot split subject to the conditions in Planning Com- mission Resolution No. 481. 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 SUB- JECT TO THE CONDITIONS OUTLINED IN PLANNING COMMISSION RESOLUTION #481, AS SHOWN UNDER ITEM IV, REPORTS OF OFFICERS AND COMMISSIONS, SECTION If", PLANNING COMMISSION, ITEM 4. COUNCILMAN LITTLEJOHN SECONDED. MOTION DIED. There was discussion by Council wherein it was the general consensus of opinion that all obstructions should be re- moved from the ten feet adjacent to Vineland Avenue except curbs and gutters. LOT SPLIT CASE # 230 P.C. RES. #480 Richard J. Cheroske, 3778 Baldwin Park Blvd. Baldwin Park APPROVED. LOT SPLIT CASE #224 P.C. RES. #481 Bill F. Howard 3251 Vineland Baldwin Park APPROVED. Continued) BIB] 39589-U01 1959-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117361-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 07 CC MINHÄ—@¸—?ðÍ«383 Regular Meeting of the Baldwin Park City Council COUNCILMAN HOLMES MOVED THAT SECTION 3, PARAGRAPH a" OF PLANNING,COMMISSION RESOLUTION #481 BE AMENDED TO READ: THAT ALL'OBSTRUCTIONS BE REMOVED FROM'SAID'TEN FEET EX- CEPT CURBS AND'GUTTERS". COUNCILMAN BISHOP SECONDED. The motion carried by the following vote: AYES: COUNCILMEN HOLMES, BISHOP, WILSON AND MAYOR COLE NOES: COUNCILMAN LITTLEJOHN ABSENT: NONE COUNCILMAN HOLMES MOVED THAT THE FINDINGS OF THE CITY COUNCIL CONCUR WITH THE FINDINGS AND RECOMMENDATIONS OF THE PLANNING COMMISSION RESOLUTION AND THAT THE LOT SPLIT BE APPROVED SUBJECT TO THE CONDITIONS OUTLINED IN PLANNING COMMISSION RESOLUTION #481 AS AMENDED, AS SHOWN UNDER ITEM IV, REPORTS OF OFFICERS AND COMMISSIONS, SECTION f" PLANNING COMMISSION, ITEM 4. COUNCILMAN BISHOP SECONDED. The motion carried by the following vote: AYES: COUNCILMEN HOLMES, BISHOP, WILSON AND MAYOR COLE NOES: COUNCILMAN LITTLEJOHN ABSENT: NONE 00- Mayor Cole presented a resolution regarding a parking zone at 13965 Stewart Avenue, Baldwin Park. COUNCILMAN LITTLEJOHN MOVED THAT THE RESOLUTION BE READ BY TITLE ONLY. COUNCILMAN WILSON SECONDED; There were no objections, the motion carried and was so ordered by Mayor Cole. City Clerk Backus read RESOLUTION NO. 59-123 by title, as follows: RESOLUTION NO. 59-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AP- PROVING A PASSENGER LOADING ZONE AT 13965 STEWART AVENUE" COUNCILMAN LITTLEJOHN MOVED THAT RESOLUTION NO. 59-123 BE ADOPTED. COUNCILMAN WILSON SECONDED. The motion carried by the following vote: AYES: COUNCILMEN LITTLEJOHN, WILSON, BISHOP, HOLMES AND MAYOR COLE NOES: NONE ABSENT: NONE 00- Acting Planning Director Mansfield presented Lot Split Case #199, Ronald L. DeLorme, 4136 North Harlan Avenue, and stated that the Planning Commission recommended that Council consider the provisions of the policy change of future streets, as presented, and if approved, reconsider Lot Split #199, with this change then being made a part of said Planning Commission Resolution #444. COUNCILMAN HOLMES MOVED THAT THE RECOMMENDATION OF THE PLANNING COMMISSION AS TO POLICY REGARDING FUTURE STREET DEDICATIONS ON LOT SPLITS BE APPROVED. COUNCILMAN BISHOP SECONDED. The motion carried by the following vote: Continued) December 7, 1959 Page 18 PASSENGER LOADING ZONE, 13965 Stewart Avenue Baldwin Park RES. NO. 59-123 RE: APPROVING A PASSNGER LOADING ZONE AT 13965 STEWART AVENUE. ADOPTED. LOT SPLIT CASE #199 Ronald L. DeLorme, 4136 N. Harlan Ave. Baldwin Park Re: reconsideration of lot split case re policy of change of future streets. BIB] 39589-U01 1959-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117361-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 07 CC MINHÄ—@¸—?ðÍ«Regular Meeting of the Baldwin Park City Council December 7, 1959 Page 19 AYES: COUNCILMEN HOLMES, BISHOP, LITTLEJOHN, WILSON AND MAYOR COLE NOES: NONE ABSENT: NONE 00- COUNCILMAN LITTLEJOHN MOVED THAT RESOLUTION NOS. 59-124, RES. NO. 59-124, 59-125, 59-126, 59-127 and 59-128 COMMENDING THE MEMBERS 59-125, 59-126, OF THE TRAFFIC AND SAFETY COMMISSION BE ADOPTED. COUNCIL- 59-127 & 59-128 MAN HOLMES SECONDED. The motion carried by the following COMMENDING vote: MEMBERS OF TRAF- FIC & SAFETY AYES: COUNCILMEN LITTLEJOHN, HOLMES, COMMISSION IE BISHOP, WILSON AND MAYOR COLE D~A OPTED.- NOES: NONE ABSENT: NONE 00- COUNCILMAN WILSON MOVED THAT COUNCIL ADOPT RESOLUTION NO. 59-129, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SUPPORTING THE GREATER LOS ANGELES SAFETY COUNCIL PROGRAM DURING THE HOLIDAY SEASON". COUNCILMAN LITTLEJOHN SECONDED. The motion carried by the following vote: AYES: COUNCILMEN WILSON, LITTLEJOHN, BISHOP, HOLMES AND MAYOR COLE NOES: NONE ABSENT: NONE 00- Chief Administrative Officer Asmus reputed that the Census Bureau would like their own contract, which would incor- porate the identical items which were in our resolution, being a contract for services in the amount of $350.00 per month, payable monthly, beginning January I, 1960, through May 31, 1960, with option to extend to June 30, 1960. COUNCILMAN HOLMES MOVED THAT THE CONTRACT FOR SERVICES WITH THE CENSUS BUREAU BE APPROVED AND THE NECESSARY OFFICIALS BE AUTHORIZED TO SIGN. COUNCILMAN WILSON SECONDED. There were no objections, the motion carried and was so ordered. COUNCILMAN BISHOP MOVED THAT THIS MONEY BE SET UP IN A SPECIAL FUND FOR REMODELING THE NORTH SOCIAL ROOM. COUNCILMAN HOLMES SECONDED. MOTION FAILED TO CARRY BY THE FOLLOMING VOTE: AYES: COUNCILMEN BISHOP AND HOLMES NOES: COUNCILMEN LITTLEJOHN, WILSON AND MAYOR *'COLE ABSENT: NONE 00- COUNCILMAN LITTLEJOHN MOVED THAT RESOLUTION NO. 59-133 BE READ BY TITLE ONLY. COUNCILMAN WILSON SECONDED. The motion carried by the following vote: Continued) RES. NO. 59-129 Re: SUPPORTING THE GREATER L.A. SAFETY COUNCIL PROGRAM DURING HOLIDAY SEASON. ADOPTED. CENSUS BUREAU Re: Contract for services in the amount of $350.00 per month begin- ning Jan. I, 1960 through May 31, 1960, with option to extend to June 30, 1960. MOTION MADE AND CARRIED THAT CON- TRACT FOR SER- VICES WITH CENSUS BUREAU APPROVED & NECESSARY OFFICIALS BE AUTHORIZED TO SIGN. MOTION MADE RE THAT THIS.MONEY BE SET UP IN SPECIAL FUND FOR REMODELING NORTH SOCIAL ROOM AND FAILED TO CARRY. RES. NO. 59-133 ALLOWING PAYROLL CLAIMS & DEMANDS, Continued) BIB] 39589-U01 1959-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117361-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 07 CC MINHÄ—@¸—?ðÍ«385 Regular Meeting of the Baldwin Park City Council AYES: COUNCILMEN LITTLEJOHN, WILSON, BISHOP, HOLMES AND MAYOR ICOLE NOES: NONE ABSENT: NONE City Clerk Backus read RESOLUTION NO. 59-133 by title as follows: RESOLUTION NO559-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING PAYROLL CLAIMS AND DEMANDS NUMBERS 8110 THROUGH 8196 INCLUSIVE" COUNCILMAN BISHOP MOVED THAT.RESOLUTION NO. 59-133 BE ADOPTED., COUNCILMAN LITTLEJOHN SECONDED. The motion carried by the following vote: AYES: COUNCILMEN BISHOP, LITTLEJOHN, HOLMES, WILSON AND MAYOR COLE NOES: NONE ABSENT: NONE 00- COUNCILMAN LITTLEJOHN MOVED THAT RESOLUTION NO. 59-134 BE READ BY TITLE ONLY. COUNCILMAN WILSON SECONDED. The motion carried by the following vote: AYES: COUNCILMEN LITTLEJOHN, WILSON, BISHOP, HOLMES AND MAYOR COLE NOES: NONE ABSENT: NONE City Clerk Balkus read RESOLUTION NO. 59-134 by title as follows: RESOLUTION NO. 59-134 A RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLON- ING CERTAIN CLAIMS AND DEMANDS NUMBERS 5670 THROUGH 5701, INCLUSIVE" There was discussion by Council. COUNCILMAN LITTLEJOHN MOVED THAT RESOLUTION NO. 59-134 BE ADOPTED. COUNCILMAN WILSON SECONDED. The motion carried by the following vote: AYES: COUNCILMEN LITTLEJOHN, WILSON, BISHOP4 HOLMES AND MAYOR COLE NOES: NONE ABSENT: NONE 00- At 1:30 A.M. COUNCILMAN WILSON MOVED THAT COUNCIL ADJOURN TO DECEMBER 10, 1959, AT 7:00 P.M. IN THE COUNCIL CHAMBER. OF THE CITY HALL. COUNCILMAN HOLMES SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. LY10 H. COLE, MAYOR 00- December 7, 1959 Page 20 NOS. 8110 through 8198 inclusive ADOPTED. RES. NO. 59-134 ALLOWING CERTAIN CLAIMS & DEMANDS NOS. 5670 THROUGH 5701, INCLUSIVE. ADOPTED. ADJOURNMENT AT 1:30 A.M. TO DECEMBER 10, 1959, AT 7:00 P.M. IN THE COUNCIL CHAMBER OF CITY HALL. THELMA L. BALKUS, CITY CLERK APPROVED: January 4 1960 BIB] 39589-U01 1959-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117361-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 Í«Regular Meeting of the Baldwin Park City Council There was further discussion by Council wherein-the question of changing the policy was deliberated upon and a question as to whether the people would be willing to sign an agree- ment that they would Install curbs and gutters-at the termination of their lisitng. COUNCILMAN LITTLEJOHN MOVED THAT THIS MATTER BE HELD OVER UNTIL AFTER THE FIRST OF THE YEAR TO SEE WHAT THE PEOPLE ARE GOING TO DO. MOTION WITHDRAWN. Mr. Elmer Hunyada, 4231 Stewart Street, Baldwin Park, stated that he lived across the street, and the situation, as it Is, is not only a health hazard, but his property was taking a beating" because of the dust. He asked if there was a possibility of having the City wet down the soil until the project was started or detouring the majority of the cars off Stewart Street around to Cutler so part of the dust could be eliminated. COUNCILMAN HOLMES MOVED THAT THE PROJECT PROCEED TO PAVE THE ENTIRE AREA INCLUDING THE 2651 OF THE NURSERY PROPERTY PROVIDING PEOPLE WILL SIGN THE AGREEMENT THAT THEY WILL INSTALL THEIR CURBS AND GUTTERS AND SIDEWALKS AT THE EX- PIRATION-OF THEIR LISTING, AND-IF AGREEMENT WAS FORTHCOMING, CITY COULD PROCEED WITH THE CALLING OF BIDS. MOTION DIED FOR LACK OF A SECOND. Discussion followed and Councilman Littlejohn suggested that, as long as there would be an adjourned meeting on Thursday, December 10th, that they come back with this information and act upon it at that time. This would provide the Chief Administrative Officer an opportunity to determine if these people would be willing to sign an agreement, as previously discussed. COUNCILMAN HOLMES MOVED THAT THE MATTER BE TABLED UNTIL THE ADJOURNED MEETING OF DECEMBER 10, 1959; COUNCILMAN LITTLEJOHN SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. Council thereupon instructed the Chief Administrative Officer to contact the people owning the nursery with regard to securing an agreement that they would install curbs and gutters and sidewalks. 00- At 10:25 P.M. COUNCILMAN BISHOP MOVED THAT A FIVE-MINUTE RECESS BE DECLARED. COUNCILMAN WILSON SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. 00- Chief Administrative Officer Asmus presented recommenda- tion for the General Audit for the Fiscal Year 1959-60, being, that the City continue with Swenson, Clark & File as Auditors, at a fee of $1,950.00. Discussion followed. December 7, 1959 Page 12 FURTHER DISCUSSION. MOTION MADE AND WITHDRAWN. MR. ELMER HUNYADA 4231 Stewart St. Baldwin Park Re: Health Hazard and requested soil be wet down to eliminate some of the dust. MOTION MADE AND DIED FOR LACK OF A SECOND. FURTHER DISCUSSION. MOTION MADE & CARRIED THAT MATTER BE TABLED UNTIL ADJOURNED MEETING OF DEC. 10, 1959. INSTRUCTIONS TO C.A.0. RECESS AT 10:25 P. M. RECONVENED AT 10:30 P.M. GENERAL AUDIT FOR FISCAL YEAR 1959- 60 Recommendation of C.A.O. re Swenson, Clark & File as City Auditors at a fee of $1950.00 Continued) BIB] 39589-U01 1959-U02 12-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117361-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06