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Home My WebLink About1959 12 10 CC MIN1959 12 10 CC MINHÄ—@¸—@Í«ADJOURNED REGULAR MEETING OF THE GALDWIN 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 BISHOP, HOLMES, LITTLEJOHN AND WILSON Absent: MAYOR COLE Also Present: CHIEF ADMINISTRATIVE OFFICER ASMUS, CITY ATTORNEY GORLICK, CITY ENGINEER YOUNG AND CITY CLERK BALKUS. COUNCILMAN HOLMES MOVED THAT THE ABSENCE OF MAYOR COLE BE EXCUSED DUE TO HOSPITALIZATION. COUNCILMAN WILSON SECONDED. There were no objections, the motion carried and was so ordered by Mayor pro tem Littlejohn. Chief Administration Officer Asmus reported that, with reference to the requested allocation of the Chamber of Commerce in the amount of $150.00 for participation in an advertising page In the Los Angeles Examiner Rose Parade New Years paper, the request had been withdrawn due to the lack of interest by other cities. Chief Administrative Officer Asmus reported that City Attorney Gorlick had prepared an agreement which Mr. and Mrs. Fred Uemoto had signed, to the effect that guarantee was made by them that curbs, gutters, sidewalks and pavement would be in- stalled in front of their property at 4315 North La Rica, Baldwin Park, being a strip of land 30' in width and 264' in length, parallel to the center line of Stewart Avenue. Discussion followed. DECEMBER 10, 1959 ROLL CALL MAYOR COLE'S ABSENCE EXCUSED DUE TO HOSPITAL- IZATION. WITHDRAWAL OF REQUEST BY CHAMBER OF COM- MERCE FOR $150.00 ALLOCATION. AGREEMENT SIGNED BY MR. & MRS. FRED T. UEMOTO RE GUARANTEE OF IN- STALLATION OF CURBS, GUTTERS, SIDEWALKS AND PAVE- MENT IN FRONT OF PROPERTY AT 4315 N. LA RICA STREET. COUNCILMAN HOLMES MOVED THAT COUNCIL ACCEPT THIS AGREEMENT MOTION MADE AND AND EXECUTE SAME AND AUTHORIZE THE PROPER OFFICIALS TO SIGN. CARRIED THAT COUNCILMAN BISHOP SECONDED. The motion carried by the COUNCIL ACCEPT following vote: AGREEMENT & EXECUTE SAME & AUTHORIZE AYES: COUNCILMEN HOLMES, BISHOP, THE PROPER WILSON AND MAYOR PRO TEM OFFICIALS TO SIGN. LITTLEJOHN NOES: NONE ABSENT: MAYOR COLE Chief Administrative Officer Asmus reported that the Igna Case had been continued to January 28, 1960, at the re- quest of her attorney, and that it was his understanding this was the last continuance that would be granted. Chief Administrative Officer Asmus reported that the City TR. 24544 Engineer, in compliance with Council's request, had con- Mr. Tracy Bousman tacted Mr. Tracy Bousman, Engineer of Tract No. 24544, re- Re: Change of drain- garding changing the drainage ditch construction from 3" age ditch con- to premix to 4" of concrete, and that he would be willing to make this change, with Council's approval. struction from 3" premix to 4" con- crete. Continued) BIB] 39589-U01 1959-U02 12-U02 10-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117362-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 10 CC MINHÄ—@¸—@Í«397 Adjourned Regular Meeting of the Baldwin Park City Council COUNCILMAN BISHOP MOVED THAT COUNCIL ACCEPT THE CHANGES WITH REFERENCE TO TRACT NO. 24544, AS PER.CITY ENGINEER'S LETTER OF DECEMBER 10, 1959. COUNCILMAN WILSON SECONDED. There were no objections, the motion carried and was so ordered by Mayor pro tem Littlejohn. 00- Councilman Holmes inquired as to the status regarding the preparation of an amendment to the ordinance pertaining to septic tanks being placed in the front yard setbacks. Chief Administrative Officer Asmus stated that an amendment had been prepared by City Attorney Gorlick with the suggestion that a study session be held. It was Councilman Littlejohn's opinion that copies of the amendment be placed in the Agenda, folders so that they could be studied before calling a study session. 00- In answer to Councilman Bishop's inquiry regarding the status of Annexation #7, City Clerk Balkus stated that it was now in the hands of the Boundary Commission and awaiting their reply. 00- Councilman Littlejohn reported that he has attended the Library Advisory Cpmmittee Meeting held in West Covina which was very interesting. and that they had been oriented as to the things going on in the County Library. He further stated that Baldwin Park had some-16,773 books ovailabJe In the library, which.was an, increase of 2,699 over the previous year, and that there were some 27,000 books available in the entire area of the San Gabriel Valley with an expectation of increasing to 30,000 books. He also reported that the next meeting was tentatively set for Baldwin Park on March 17, 1960 at 2:00 P.M. The Cities represented at this meeting were Charter Oak, Duarte, Claremont, Baldwin Park and North Whittier Heights. 00- Councilman Holmes reported that, relative to a proposed ordinance regarding the action of Los Angeles County per- taining to the water systems, other cities had prepared resolutions protesting this proposed ordinance, and that Council should do likewise as the hearing is set for January 2, 1960. He further stated that County officials were attempting to gain jurisdiction over territories that were lost through incorporations. Chief Administra- tive Officer Asmus stated that a resolution would be pre- pared for presentation of the next regular meeting of Council on December 21, 1959. 00- Chief Administrative Officer Asmus suggested that all expense reports relative to the San Francisco conference of the League of California Cities be filed with the Finance Department so they can be recorded by the audi- tors. City Attorney Gorlick stated that filing of expense reports was a good idea for the purpose of providing a record that actual expenses equaled or exceeded the amount allowed. December 10, 1959 Page 2 MOTION MADE AND CARRIED THAT COUNCIL ACCEPT CHANGES RE TRACT 24544 AS PER CITY ENGR'S LETTER OF DEC. 10, 1959. SEPTIC TANKS, IN FRONT YARD SETBACKS Amendment of Ordinance ready for Council's study. ANNEXATTION #7 in hands of Boundary Com- mission. LIBRARY ADVISORY COMMITTEE MEETING Report by Council- man Littlejohn. Next meeting set tentatively for March 17, 1960, at 2:00 P.M. in Baldwin Park. WATER SYSTEMS L.A. County Report by Council- man Holmes re preparation of resolution of protest. EXPENSE REPORTS TO BE FILED WITH FINANCE DEPT. FOR RECORDING. RE: SAN FRANCISCO CONFERENCE, LEAGUE OF CALIFORNIA C ITLES. 00- BIB] 39589-U01 1959-U02 12-U02 10-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117362-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 10 CC MINHÄ—@¸—@Í«Adjourned Regular Meeting of the Baldwin Park City Council COUNCILMAN BISHOP MOVED THAT THE MEETING RECESS UNTIL 7:30 P.M. AND THEN ADJOURN TO ROOM 100 IN THE CITY HALL. COUNCIL- MAN HOLMES SECONDED. There were no objections, the motion carried and was so ordered by Mayor pro tem Littlejohn. Mayor pro tem Littlejohn announced that the Adjourned Meeting of December 10, 1959, was now called back to order, being 7:30 o'clock P.M., the time scheduled for the Adjourned Meeting of October 12, 1959, for the public meeting In the zone exception case, request of Harold and Louise Hopkins and Ruth Smith Hopkins, 1707 East Bay Avenue, Balboa, California, and Lease- holder, Aloys Caillier, 520 West 109th Street, Los Angeles, California, for a special permit to mine rock aggregate on the property south of Olive Street, north of Los Angeles Street and east of Rivergrade Road. Due to apparent confusion as to the time set for the public hearing, Mayor pro tem Littlejohn stated that the chair would entertain a motion that this meeting be recessed until 8:00 o'clock P.M. COUNCILMAN BISHOP MOVED THAT THIS MEETING BE RECESSED UNTIL 8:00 O'CLOCK P.M. COUNCILMAN HOLMES SECONDED. There were no objections, the motion carried and was so ordered by Mayor pro tem Littlejohn. At 8:00 o'clock P.M., Mayor pro tem Littlejohn called the meeting to order, being the time and the hour for the con- tinued hearing of the request of Harold and Louise Hopkins and Ruth Smith Hopkins of 1707 East Bay Avenue., Balboa, California, and Leaseholder Aloys Caillier, 520 West 109th Street, Los Angeles, California, for a special permit to mine rock aggregate on the property south of Olive Street, north of Los Angeles Street and east of Rivergrade Road. Mayor pro tem Littlejohn at this time announced that Mayor Lynn Cole had undergone an operation for the removal of a kidney stone and was getting along as well as could be expected, and, therefore, would be unable to be in attendance tonight. Mayor pro tem Littlejohn asked Mr. Frank J. Kashare, Attorney for the applicant, if he had any further evidence to present, to which Mr. Kashare stated he did not. City Clerk presented and read, for the record, two letters addressed to the City Council, in her care. The first letter was from the American Savings and Loan Association, 210 East Philadelphia Street, Whittier, California, being: Gentlemen: It is the opinion of our Chief Appraiser, after checking into the above matter, that the granting of the permit for rock mining, definitely would be adverse to our interests as the beneficiary of Deeds of Trust on numerous residenti- ally improved properties within a two 2) mile radius of the proposed rock mine, for the following reasons: 1. Dust from mining operation carried on prevailing wind West to East) December 10, 1959 Page 3 MEETING RECESSED UNTIL 7:30 P.M. AND THEN ADJOURN TO ROOM 100-IN THE CITY HALL. ADJOURNED MEETING OF DECEMBER 10, 1959 CALLED TO ORDER AT 7:30 P.M. Re zone Exception Case, request of Harold and Louise Hopkins and Ruth Smith Hopkins and Lease- holder Aloys Caillier re special permit to mine rock aggreg- ate. MOTION MADEAND CARRIED THAT MEETING BE RE- CESSED UNTIL 8:00 o'clock P.M. CONTINUED HEARING CALLED TO ORDER at 8:00 P.M. HEARING CONTINUED Continued) BIB] 39589-U01 1959-U02 12-U02 10-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117362-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 10 CC MINHÄ—@¸—@Í«389 Adjourned Regular Meeting of the Baldwin Park City Council December 10, 1959, Page 4 2. Unsightly buildings and equipment. 3. Noise 4. Danger.to children from deep open pit 5. Depreciation of property values in the surrounding area. At the present time, we have approximately ninety 90) loans totalling more than $600,000.00 within the two 2) mile radius of the proposed rock mine. As an example, one of our subject properties at 4639 Norco Avenue is within 900 feet east of the proposed rock mine, indicated on the Vicinity Map attached hereto and made a part hereof. Therefore, we protest the above Petition for a Special Permit to mine rock aggregates. Respectfully submitted, James R. Blakeney Assistant Vice President The second letter was from the Baldwin Park Chamber of Commerce, 14327 East Ramona Boulevard, Baldwin Park, Calif- ornia, being: Gentlemen: In the United States of America we believe in the right of private ownership of property and, gener- ally, in the right of an owner to use his property as he may wish. However, the principle has bees well-established that when an owner proposes to use his property in a manner which would be injurious.or detrimental to other persons or their property, such anti-social uses may be prohibited. Innumerable examples of laws, ordinances, and rulings in support of this principle exist. Varied provisions of zoning laws, governing setbacks, type of constructions, minimum floor space of homes,- etc. are illustrative of the fact that we are cognizant of the rights of neighbors and the best interests of the community in relation to the use or improvement of any given piece of property. In the case of the property in the vicinity of the Littlejohn Dairy, which the owner wishes to develop as a rock quarry, we have a prime example of conflict of interest, where an operation which might be expected to return large profits to the single owner would also result in huge losses to the owners of neighboring homes and to the city at large. The negative values of the operation of a quarry at this location are several kinds. There is the direct money loss to our citizens in neighboring homes, the value of whose property would depreciate. The health menace present where large quantities of dust blown into the air. Both noise and dirt would represent a constant irritation to resident in the general area. The esthetic consideration may not be overlooked. At a time when cities all across the country are taking steps to eliminate open city dumps and other unsightly areas, it would seem to be poor policy to deliberately open up a quarry in a primarily residential city where we are striving for the sort of improvements which will make our citizens proud to live here. Continued) BIB] 39589-U01 1959-U02 12-U02 10-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117362-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 10 CC MINHÄ—@¸—@Í«Adjourned Regular Meeting of the Baldwin Park City Council December 10, 1959 Page 5 Believing, in short that the requested use would be in- jurious to neighboring property owners, and detrimental to the best interests of the City of Baldwin Park, the Baldwin Park Chamber of Commerce by unanimous vote of its director's in a regular meeting respectfully request your body to deny a permit to use the indicated property as a rock quarry. We further request the owner of the property to develop it in some other manner which would be more constructive, and we pledge our fullest cooperation in helping such development. Sincerely, Joseph McCaron President Mayor pro tem Littlejohn instructed that both letters be marked in proper order as Exhibits P-3 and P-4, respectively. Mr. Morris D. Coppersmith, Attorney at Law, 211 South Beverly Drive, Beverly Hills, California, stated that, for the record, he had been retained to represent the interests of a citizen's committee, self-appointed and self-designated, who had volun- tarily banded together for the purpose of opposing the petition for the special permit. It was the consensus of opinion of the Council to permit Mr. Morris Coppersmith to proceed, although Mr. Frank J. Kashare objected, stating that Mr. Coppersmith had been afforded the opportunity to offer testimony at the last meeting of October 12, 1959. COUNCILMAN HOLMES MOVED THAT MR. COPPERSMITH BE HEARD, COUNCILMAN BISHOP SECONDED. The motion carried by the following vote: AYES: COUNCILMEN HOLMES, BISHOP, WILSON AND MAYOR PRO TEM LITTLEJOHN. NOES: NONE ABSENT: MAYOR COLE At this time Mayor pro tem Littlejohn stated that the MAYOR COLE'S chair would entertain a motion that Mayor Lynn Cole's ABSENCE EXCUSED absence be excused. FROM THIS MEETING. COUNCILMAN WILSON MOVED THAT THE ABSENCE OF MAYOR COLE BE NOTED FOR THE RECORD AND THAT HE.BE EXCUSED FROM THIS MEETING. COUNCILMAN BISHOP SECONDED. There were no ob- jections, the motion carried and was so ordered by Mayor pro tem Littlejohn. City Clerk Balkus administered the oath to those in the OATH ADMINISTERED audience wishing to testify, either on behalf or in by City Clerk opposition to the request for a special permit. Balkus. Mr. Morris D. Coppersmith requested that a continuance be HEARING CONTINUED. allowed for the purpose of presenting facts and evidence necessary to assist the Council in reaching a conclusion and determination; for additional time for presentation of a report that would be both technical and evidentiary in nature, and suggested that a period of not less than possibly two calendar months be permitted as additional time. Mr. Frank J. Kashare stated that he felt that to ask for another continuance was an abuse of discretion and that he was wholeheartedly opposed to it, as Council had had two months in which to secure whatever reports, technical data, etc., necessary to arrive at a determination. Continued) BIB] 39589-U01 1959-U02 12-U02 10-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117362-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 10 CC MINHÄ—@¸—@Í«391 Adjourned Regular Meeting of the Baldwin Park City Council December 10, 1959 Page 6 Mr. Morris Coppersmith stated, in answer to Mr. Kashare's objection, that technical people that he had contacted had indicated, without exception, that it would be impossible to get together and gather the facts or evidence that might be required In support of one proposition or the other, within the period of time stated by Mr. Kashare. There were no technical or professional people in the audience wishing to testify, and the consensus of Council was that they would desire the opportunity of having more time to complete investigative studies in order to arrive at a fair and equitable decision. COUNCILMAN BISHOP MOVED THAT THIS HEARING BE CONTINUED TO FEBRUARY 25, 1960, FOR FURTHER STUDY IN ORDER TO GATHER ALL THE FACTS AND HEAR ALL PARTIES INVOLVED. COUNCILMAN HOLMES SECONDED. City Attorney Gorlick stated that the motion should contain the time and place of the hearing. COUNCILMAN WILSON MOVED THAT THE MOTION BE AMENDED TO SET THE TIME AT 7:30 O'CLOCK P. M. IN THE COUNCIL CHAMBERS ON FEBRUARY 25, 1960, IN ROOM 100 IN THE CITY HALL. COUNCIL- MAN HOLMES SECONDED. Chief Administrative Officer Asmus.informed Council that Room 100 would be occupied by the Census Bureau.at that time and would not be available for our use. COUNCILMAN WILSON WITHDREW THE AMENDING MOTION WITH THE CONSENT OF THE SECOND, COUNCILMAN HOLMES. City Attorney Gorlick advised Council that the meeting could be called to order in the Council Chambers and then adjourned to the Auditorium. COUNCILMAN WILSON MOVED THAT THE MOTION BE AMENDED AND THAT THE HEARING BE POSTPONED TO FEBRUARY 25, 1960 AT THE TIME OF 7:30 O'CLOCK P.M. IN THE COUNCIL CHAMBERS. City Attorney Gorlick suggested the word continued" be used in lieu of postponed" and the motion was restated by City Clerk Balkus as follows: THAT THE MOTION BE AMENDED TO PROVIDE THAT THE HEARING BE CONTINUED TO FEBRUARY 25, 1960, AT THE TIME OF 7:30 O'CLOCK P.M. IN THE COUNCIL CHAMBERS". COUNCILMAN HOLMES SECONDED. The amending motion carried by the following vote: AYES: COUNCILMEN WILSON, HOLMES, BISHOP AND MAYOR'PRO TEM LITTLEJOHN NOES: NONE ABSENT: MAYOR COLE Council asked that the original motion be restated for their clarification. Deputy City Clerk Leonard restated the original motion as follows: COUNCILMAN BISHOP MOVED THAT THIS HEARING BE CONTINUED TO FEBRUARY 25, 1960, FOR FURTHER STUDY IN ORDER TO GATHER ALL THE FACTS AND HEAR ALL PARTIES INVOLVED. COUNCILMAN HOLMES SECONDED." City Attorney Gorlick stated that this original motion had been amended to now read FEBRUARY 25, 1950 AT 7:30 O'CLOCK P.M. IN THE COUNCIL CHAMBERS". Continued) BIB] 39589-U01 1959-U02 12-U02 10-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117362-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1959 12 10 CC MINHÄ—@¸—@Í«Adjourned Regular Meeting of the Baldwin Park City Council December 10, 1959 Page 7 The motion carried by the following vote: AYES: COUNCILMEN BISHOP, HOLMES, WILSON AND MAYOR PRO TEM LITTLEJOHN. NOES: NONE ABSENT: MAYOR COLE APPROVED: r 1960 At 8:48 P.M. COUNCILMAN BISHOP MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN WILSON SECONDED. There were no ob- jections, the motion carried and was so ordered by Mayor pro tem Littlejohn. ADJOURNMENT AT 8:48 P.M. THELMA L. BALKUS, CITY CLERK BIB] 39589-U01 1959-U02 12-U02 10-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117328-U03 DO117362-U03 C4-U03 MINUTES1-U03 5/20/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06