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HomeMy WebLinkAbout1960 02 25 CC MIN1960 02 25 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 7:30 P.M. Roll Call: Present: COUNCILMEN BISHOP, HOLMES, LITTLEJOHN, WILSON AND MAYOR COLE Absent: CITY TREASURER PUGH Also Present: CHIEF ADMINISTRATIVE OFFICER ASMUS, CITY ATTORNEY GORLICK, CITY ENGINEER YOUNG AND CITY CLERK BALKUS 00- COUNCILMAN BISHOP MOVED THAT THE MEETING BE ADJOURNED TO I THE AUDITORIUM BEING 7:30 O'CLOCK PM COUNCILMAN LITTLEJOHN SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. 00- At 7:43 o'clock p.m., Mayor Cole announced that the Adjourn- ed Regular Meeting of the Baldwin Park City Council was back in session, and that it was the time and place set for the continued public hearing of the request of Harold and Louise Hopkins and Ruth Smith Hopkins, 1707 East Bay Avenue, Balboa, California, and Leaseholder Aloys Caillier, 520 West 109th Street, Los Angeles, California, for Special Permit to mine rock aggregates on property south of Olive Street, north of Los Angeles Street and east of Rivergrade Road. City Clerk Balkus presented and read, for the record, six letters addressed to the City Council, protesting the granting of a special use permit to mine rock aggregates. They are as follows: To the Honorable Mayor of Baldwin Park Mr. Lynn Cole, and all Members of Baldwin Park City Council Baldwin Park, California Gentlemen: I have lived in Baldwin Park 36 years, and have been active at least 30 years in all Civic affairs, and I strongly protest the granting of a special rock mining permit within the City limits of Baldwin Park. Not only would it be materially detrimental to the Public Welfare, but injurious to the present and future property developments and Improvements in the zone, the neighborhood and the surrounding areas, and the whole City of Baldwin Park. Our citizens have worked hard and long to upgrade" our City, along with you, and in my judgment It would be a serious mistake to grant this special permit, and I strongly protest it. Lena B. Taylor Baldwin Park Funeral Home FEBRUARY 25, 1960 ROLL CALL MOTION MADE AND CARRIED THAT MEET- ING BE ADJOURNED TO AUDITORIUM AT 7:30 P.M. RECONVENED AT 7:43 P.M. in AUDITORIUM for CONTINUED PUBLIC HEARING OF HAROLD & LOUIS HOPKINS AND RUTH SMITH HOPKINS AND LEASE- HOLDER ALOYS CAILLIER RE SPECIAL PERMIT TO MINE ROCK AGGREGATES. EXHIBIT P-8 SIX LETTERS OF. PROTEST READ BY CITY CLERK BALKUS. Continued) BIB] 39597-U01 1960-U02 02-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117412-U03 DO117418-U03 C4-U03 MINUTES1-U03 5/22/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1960 02 25 CC MINHÄ—@¸—@‡Í«Adjourned Regular Meeting of the Baldwin Park City Council February 25, 1960 Page 2 City Council City of Baldwin Park Baldwin Park, California Gentlemen: The undersigned believes that it would not be to the best interest of property owners in the City of Baldwin Park to allow additional rock quarries to operate in or near the City of Baldwin Park. Very truly yours, Byron Winter Baldwin Park City Council Baldwin Park, California Gentlemen: Re: Proposed gravel quarry at western termination of Olive Street It is our belief that the location of a gravel pit at the above site would be most detrimental to the resale and de- velopment of the properties in this area and would contribute more dust to our already polluted atmosphere. It is our hope that you will vote against using the property in this manner. Yours very truly, MURPHY REALTY By: J.B. Murphy R.M. Murphy Ralph Winter To Planning Commission City of Baldwin Park Sirs: It is our understanding that on Thursday evening, February 25, 1960, your group will consider the application of Harold and Louise Hopkins, et al., regarding special permit to mine rock aggregates on the property south of Olive Street, North of Los Angeles Street, East of Rivergrade Road, Baldwin Park, Calif- ornia. We wish to appear on record against the grant- ing of this request. Our town Is already handicapped by the existing rock quarries without adding another blighting influence. Yours very truly, Henry W. Redeker Continued) BIB] 39597-U01 1960-U02 02-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117412-U03 DO117418-U03 C4-U03 MINUTES1-U03 5/22/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1960 02 25 CC MINHÄ—@¸—@‡Í«Adjourned Regular Meeting of the Baldwin Park City Council Baldwin Park City Council Baldwin Park, California Gentlemen: Re: Proposed Gravel Quarry at Western termination of Olive Street It is our belief that having a gravel quarry at the above site would be very undesirable. It would be most detriment- al to the resale and development of properties around this area. It will certainly add to the already polluted atmosphere. It is our hope that you will vote against using the property for this purpose. Yours very truly, GARRY & ASSOCIATES By: H.G. Lytton Baldwin Park City Council City Hall Baldwin Park, California Attention: City Clerk Ref: Hopkins Caillier Case #10 Rock Quarry Special Use Permit Gentlemen: On behalf of the City Council of the City of Irwindale I have been authorized to represent them on all public hearings which might affect the City of Irwindale. We officially protest the granting of rock quarry special use permit for the reason it adversely affects County Storm Drain Project #445 Los Angeles Street Drain) which is the outlet for Baldwin Park Storm Drain County Project #407. Yours very truly, Harold L. Johnson Acting City Manager City Clerk Balkus administered the oath to these in the audience wishing to be heard during the meeting. Mr. Morris D. Coppersmith, Attorney at Law, 211 S. Beverly Drive, Beverly Hills, California, stated that he had a letter in his possession from the First Southern Baptist Church which read as follows: To Whom It May Concern: May I enter my protest against a new rock and gravel pit being put in Baldwin Park or in its area, for my first funeral after moving to Baldwin Park in 1955 was a little boy who had fallen into a pit. February 25, 1960 Page 3 OATH ADMINISTERED BY CITY CLERK MORRIS D. COPPER- SMITH, Atty at Law, 211 S. Beverly Dr., Beverly Hills. LETTER OF PROTEST FROM FIRST SO. BAPTIST CHURCH. Continued) BIB] 39597-U01 1960-U02 02-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117412-U03 DO117418-U03 C4-U03 MINUTES1-U03 5/22/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1960 02 25 CC MINHÄ—@¸—@‡Í«Adjourned Regular Meeting of the Baldwin Park City Council It is my feeling that these pits are a danger to children, regardless how high fences are built, and that the dust that they create, in the long run, are more dangerous to every one. Respectfully, Rev. H.O. Black February 25, 1960 Page 4 Mr. Coppersmith further stated that a petition that had EXHIBIT P-7 been circulated and presented, Incorporated three PETITIONS IN separate designations, wherein one group of petitions PROTEST READ represented a group of residents within 5001 of the parti- BY MORRIS D. cular area, another set of petitions represented an area COPPERSMITH. that is from 5001 to a mile, and another set of petitions. which represented a group of signatures that were outside of the one mile area but within the City limits of Baldwin Park. The petition, marked as Exhibit P-7, was read by Mr. Coppersmith as follows: We the undersigned, are property owners within a 500 foot radius of the property concerned with the special use permit re- ferred to herein. We petition and strongly urge you to deny the application for the special use permit to mine rock, rock aggregate and so forth on the property south of Olive Street, north of Los Angeles Street, East of Rivergrade Road, Baldwin Park, California, with legal description as follows: East 1/2 of NW 1/4 of the SE 1/4 of Section 12, and west 1/2 of the E 1/2 of the SW 1/4 of the SE 1/4 of Section 12, all in the township one south Range II West SBB and M, excepting that portion to Southeast of California Edison Co. R/W at the intersection of Rivergrade Road and the West extension of Olive Street, in the City of Baldwin Park; con- sisting of 30 acres more or less. Your petitioners respectfully submit that to grant the special permit would be materially detrimental to the public welfare and Injuri- ous to the property improvements and persons in the zone, the neighborhood, the area and to the City of Baldwin Park. Your petitioners respectfully submit that the dust and noise from the mining operations in question would cause considerable damage and be detrimental to the existing development of the surrounding area. Your petitioners respectfully submit that should- a special permit be granted it would be detrimental to the best interests of the neighborhood in which the special use permit is being sought, as well as detrimental to the, community, In that it would discourage the proper development of nearby vacant areas for residential as well as industrial and other uses. Your petitioners respectfully submit that operation of the rock quarry operations would endanger the water supply of the area, due to pollution. Continued) BIB] 39597-U01 1960-U02 02-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117412-U03 DO117418-U03 C4-U03 MINUTES1-U03 5/22/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1960 02 25 CC MINHÄ—@¸—@‡Í«Adjourned Regular Meeting of the Baldwin Park City Council Your petitioners respectfully submit that the operation of a rock quarry would leave said area desolate, a constant eye-sore to the neighborhood and community and a grave danger to the children and residents of the area and community. Your petitioners respectfully submit that the sur- rounding property owners are almost unanimously in opposition to the granting of said special per- mit. Your petitioners respectfully submit that the property upon which rock quarry opera- tions are intended have otherreasonable uses, other than for mining rock aggregate. Your petitioners respectfully submit that the special permit is not necessary for the present preservation of the substantial property rights. You- petitioners respectfully submit that to grant a special use permit as requested would not be in the Interests of health, safety and general welfare. Your petitioners respectfully submit that to grant the special use permit would be contrary to the Intentions of the Master Zoning Plan and for the property development of the community. Your petitioners respectfully submit that a denial of the special use permit would not re- sult in practical difficulties or unnecessary hardships inconsistent with the general purposes of the zoning plans of the City of Baldwin Park. Your petitioners respectfully submit that there are no exceptional circumstances or conditions applicable to the property involved or the in- tended use or development of the property that do not apply generally to other property in the same zone and area". Mrs. Barbara Stafford, 4444 Hornbrook, Baldwin Park, stated that the petitions had been presented to Council before 5100 o'clock p.m., this date, and that in Zone I which was within 500') there were 57 signatures; in Zone 2 being over 500' and within a mile) there were 603 signatures; in Zone 3 which was beyond one mile and within the City limits) there were 195 signatures. She further stated that she personally had solicited some of the petitions and that there were a few rock truck drivers who were in favor of having the special use permit granted. City Engineer Vincent T. Young, 13527 Dunia, Baldwin Park, confirmed the recognition of a letter from A.A. Blakesley, former City Engineer, dated March 22, 1957, addressed to the Planning Commission of Baldwin Park, with reference to this particular parcel of land, which Mr. Coppersmith read as follows: March 22, 1957 Herwith submitted is the file of Hopkins- Aloys-Caillier, Case No. 10, being a request February 25, 1960 Page 5 MRS. BARBARA STAFFORD 4444 Hornbrook Baldwin Park Re: Petitions CITY ENGINEER YOUNG, 13527 Dunia, Baldwin Park Re: Recognition of letter from A.A. Blakesiey, for- mer City Engineer, dated lam. 22, 1957. Continued) BIB] 39597-U01 1960-U02 02-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117412-U03 DO117418-U03 C4-U03 MINUTES1-U03 5/22/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1960 02 25 CC MINHÄ—@¸—@‡Í«Adjourned Regular Meeting of the Baldwin Park City Council February 25, 1960 Page 6 for a permit to mine the property for rock quarry purposes. In studying this property, a portion of which is at the present time zoned A-1, and according to their plat plan as submitted, that the City requires a 50' setback with a one to one slope for excava- tion, and excavating that slope is 100' deep, that would leave a very small portion of the southerly end of this property be considered for mining, so I have eliminated the most southerly 900' of this property from consid- eration. The City of Baldwin Park has no information that the area to the west might not be developed for industry instead of the rock quarry, so therefore I believe the Planning Commission should recommend a setback on the west side of the property also. There is no known method of controlling dust from a rock plant, and Inasmuch as there are homes and a dairy that wholesales and retails milk for public use within 400' of this pro- posed area, serious consideration should be given to this fact. There is a domestic well within 1200' and also one within 950' of the proposed area to be mined, and the apparent water table is approxi- mately 118' below the surface of tW ground. This means that the bottom of the proposed ex- cavation of 100' deep would be immediately adjacent to the water table, and any contamin- ant that might inadvertently get into the bottom of this excavation would affect the domestic water of the City of Baldwin Park. After mining operations are completed•it is very probable that the 20 acres or more would be assessed at practically a zero assessment, The City would have an approximate 20 acre hole that would be of no value and a detriment to the City. It is becoming increasingly difficult to use such a hole for dumping pur- poses due to the possibility of contaminating the water table. If the property develops for other types of industry instead of mining then the City would have a combined benefit from taxes and homeowners to a much larger extent. It is my belief that this proposed plant would wholesale between 90 and 95% of their products, which means that the City would receive hardly any income from sales taxes. After careful consideration of all the vari- ous problems involved in this Case No. 10, I therefore recommend that the request for mining permit be denied. Respectfully submitted, A. A. Blakesley City Engineer Mr. Morris Coppersmith also presented and read Planning PLANNING COMMISSION Commission Resolution No. 146 as follows: RESOLUTION NO. 146. Continued) BIB] 39597-U01 1960-U02 02-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117412-U03 DO117418-U03 C4-U03 MINUTES1-U03 5/22/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1960 02 25 CC MINHÄ—@¸—@‡Í«Adjourned Regular Meeting of the Baldwin Park City Council February 25, 1960 Page 7 Resolution No. 146 A Resolution of the Planning Commission of the City of Baldwin Park re: request for Special Permit to mine rock aggregate south of Olive Street and East of Rivergrade Road, Baldwin Park. Hopkins-Caillier,,Case No. 10. WHEREAS, a public hearing was held by the Planning Commission of the City of Baldwin Park on March 26, 1956, at the Charles D. Jones School, 14520 East Merced Avenue, Baldwin Park, California, and WHEREAS, on April 23, 1956, the matter was again discussed, and WHEREAS, on April 28, 1956, the Planning Commission viewed the subject property, and WHEREAS, on subsequent dates the matter was considered by the Planning Commission, and WHEREAS, on May 13, 1957, the Planning Commission considered the case again, and also studied the report of the City Engineer, and of the Director of Planning. 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 March 26, 1956, at the Charles D. Jones School, 14520 East Merced Avenue, Baldwin Park, was given as required by the Baldwin Park Municipal Code and Statutes of the State of California. Section 2. The Planning Commission finds the property to be located south of Olive Street and East of Rivergrade Road, being legally described as: the east 1/2 of the NW 1/4 of the SE 1/4 of Section 12, and the W 1/2 of the E 1/2 of the SW 1/4 of the SE 1/4 of Section 12, all in township I, S Range IIW., SBBM, excepting that portion to the SE of the Edison Company right of way. Section 3. The Planning Commission finds that the facts pertinent to this request for a special permit are as follows: a. That there are several hundred resi- dences within a radius of a half mile of the subject property and a potential for several hundred more. The value of residential property would be seriously depreciated by rock quarry operations. b. The dust and noise from rock quarry operations would cause damage and be detrimental to the existing develop- ment of the surrounding areas. c. The proposed use would discourage proper development of the nearby vacant areas including the industrial area to the north and east which is of primary importance to the community. Continued) BIB] 39597-U01 1960-U02 02-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117412-U03 DO117418-U03 C4-U03 MINUTES1-U03 5/22/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1960 02 25 CC MINHÄ—@¸—@‡Í«Adjourned Regular Meeting of the Baldwin Park City Council February 25, 1960 Page 8 d. That the proposed excavation may en- danger the water supply of the area due to pollution. e. The desolation left by rock quarry operations is difficult.to overcome; the hole in the ground would be there for a long time. It would be an eye- sore, and provide no source of revenue. f. At the time of the public hearing strong protests were registered by a specific majority of surrounding property owners as well as from other individuals and groups from the community. g. The fact that there are other rock quarry operations to the north and west-does not justify a continuation of such operations into an urban stnce such operations will be detrimental to the surrounding develop- ment. h. The subject property is usable for other purposes and could be used for M-I uses if suitable access roads were provided to Rivergrade Road. This access road is needed to serve the industrial property to the east of the subject property as well. Section 4. The Planning Commission recommends that the request for a special permit be denied upon these grounds: a. That the special permit is not necessary for the preservation of a substantial property right. b. That the requested use would not be in the interest of the health, safety and general welfare of the community. c. That the. special permit would be materially detrimental to the property of other per$ons located within the vicinity of the subject property. Section 5. The Secretary is directed to forward a certified copy of this resolution to the City Clerk of the City of Baldwin Park and a copy thereof to the applicant. ADOPTED, SIGNED and APPROVED this 27th day of May, 1957." /s/ Lloyd A. Trcnaas Chairman, Planning Commission /s/ Richard W. Weaver Secretary, Planning Commission BIB] 39597-U01 1960-U02 02-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117412-U03 DO117418-U03 C4-U03 MINUTES1-U03 5/22/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1960 02 25 CC MINHÄ—@¸—@‡ Í«Adjourned Regular Meeting of the Baldwin Park City Council Col. E. W. Weeks, 4621 Van Nuys Boulevard, Sherman Oaks, California, presented for members of the Council and those. in attendance his technical and educational background and present occupation, which is a Real Estate Appraiser, being actively engaged in fee appraisal work since 1946. He presented and read a report of his findings, regarding the area concerned and what effect the granting of a special use permit for a rock quarry would have upon the neighbor- hood, both immediately adjoining the proposed rock quarry pit and the surrounding area. E. W. Weeks reading from copy of report distributed to Council and Counsel). PURPOSE OF INVESTIGATION The purpose of this analysis is to estimate or to form an opinion of what effect the operation of a rock quarry, in the location indicated on the submitted maps, would have on the properties in the immediate neighborhood. ANALYSIS OF THE PROBLEM 1. Neighborhood Defined In Arthur A. May's book, The Valuation of Residential Real Estate" second edition Note: This book is used extensively as a text book in appraisal courses in many leading colleges and universities and organi- zations), it is stated on page 105: In summarizing this discussion about neighbor- hoods, let us emphasize that the study of the neighborhood is far more important than the study of the physical property itself. We have said before that values are not made by physical things; the fact that the house may have cost a certain sum of money is no Index to its value in the market place and because of the social and economic habits of the people in the area surrounding the prop- erty under appraisal, again let us state and this is repetitious but it should be repeated time and time and time again), people make vaiges. They make values by virtue of what they do in pursuit of home ownership and in the acquiring of real estate by virtue of the prices or rents they pay and the standards of maintenance they apply to their particular homes. They make or unmake values within a neighborhood because of the shifting charac- teristics of the home owners, the moving out and the moving in". From this quotation, it is apparent that the approach to the problem Is an investigation of the neighborhood. The Appraisal Terminology and Handbook" published by the American Institute of Real Estate Appraisers, defines a neighborhood as: An urban or suburban residential or commercial)area exhibiting a fairly high degree of homogeneity as to housing, tenancy, income and population characteristics". February 25, 1960 Page 9 COL. E.W. WEEKS 4621 Van Nuys Blvd., Sherman Oaks re: Report on his findings re area concerned and effect of granting special use permit on neighborhood. Continued) BIB] 39597-U01 1960-U02 02-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117412-U03 DO117418-U03 C4-U03 MINUTES1-U03 5/22/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1960 02 25 CC MINHÄ—@¸—@‡ Í«Adjourned Regular Meeting of the Baldwin Park City Council 2. Transitional States of Residential Development The history of American communities and cities is that normally a single family residential neighborhood passes through'four periods or stages: A. Development This pert od is the beginnin g, the conversion of raw land into residential sites, and the construction and occupancy of homes. B. Stability At this period the neighborhood is nearly 100% built up. Firmness of position has been es- tablished. This stage is one of prices at peak levels with relatively few and ready sales. Types of ownership approach the same levels of income, racial, social and natural traits, and to some degree even of religious affiliations; the social strata has been established. Families feel a sense of permanence. This period is dependent on conditions, trends and circumstances. It is usually the longest of the four periods. C. Decadence This is the period of declination. Property values are lowering. The price structure of the neighborhood Is deteriorating due generally to three causes: physical, socialogical and economic. One of these causes Is sufficient to start a neighborhood into decline. The other follow until transformation is complete. D. Transformation This is the final period. By this time the exist- ence of the neighborhood as one of single family residences has disappeared. Property values are generlly dependent entirely upon land values. The existing improvements require demolition or extensive rehabilitation in order to fully utilize the land to its highest and best use. 3. Stage Applicable The apparent problem is basically, one of determining the status of the subject neighborhood. The effect of any adverse influence would depend upon which of the four states apply to the subject properties. The following data will establish-that the subject neighborhood is in the second period, the stage of stability, and is therefore vulnerable to'adverse influences, or economic changes. NEIGHBORHOOD ANALYSIS 1. Market Data A questionnaire was given to all home owners, asking for date of purchase and price paid. The results are listed below: At this time Col E. W. Weeks handed to Council a folder containing 97 photographs of property owners) CONTINUED) BIB] 39597-U01 1960-U02 02-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117412-U03 DO117418-U03 C4-U03 MINUTES1-U03 5/22/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1960 02 25 CC MINHÄ—@¸—@‡ Í«Adjourned Regular Meeting of the Baldwin Park City Council February 25, 1960 Page 11 Tract 16918 This tract was originally developed in 1951. Sales for the past nine years are shown here- with. A total of 63 replies were received. Year 1950 1951 1952 1953 1954 1955 1956 1957 1.958 1959 Na. 26 5 4 5 4 4 4 6 2 7 Avg. Price 8840 9730 9312 10135 10135 10762 10625 9843 9825 9550 Two sales in 1959 were made at sacrifices due to rental occupancy and costs of complete rehabilitation. Now owners are now asking prices at previous yearly averages. Tract 18269 This tract was developed In 1953. Sales for past seven years are listed herewith. A total of 17 replies were received. Year 1953 1954 1955 1956 1957 1958 1959 H" 13 0 0 I I 0 2 Avg. Price 8885 10,000 10,000 11,300 Tract 21375 This tract was developed in 1956. Sales for the past four years are listed herewith. Replies received were 17. Year 1956 1957 1958 1959 l 16 1 Avg. Price 10,600 11,500 The total number of replies which were received was 97, of which 55 of these homes are still owned and occupied by original owner. The entire neighborhood reflects pride of ownership. Properties are well landscaped and maintained. 3. Environment There are no physical indications of infiltration of adverse influences. 4. Sumoerv Average sales by years indicate a steady level of sales prices. Nearly 60% of original purchasers are living in and occupying their homes, Physical appearances of entire neighborhood is very good. There is lack of present encroaching adverse in- fluence. All these support the opinion that the neighborhood is in the stable state and that the installation of a rock quarry will be an economic Influence that will be dtrlmental to and lower properties' values in the neighborhood. Continued) BIB] 39597-U01 1960-U02 02-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117412-U03 DO117418-U03 C4-U03 MINUTES1-U03 5/22/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1960 02 25 CC MINHÄ—@¸—@‡ 1960 02 25 CC MINHÄ—@¸—@‡ Í«Adjourned Regular Meeting of the Baldwin Park City Council City Engineer Vincent T. Young presented qualifications which would tend to classify him as an expert along the lines of a soil mechanics engineer and studies as to the soil, and elaborated on his educational background. He made references to the aforementioned letter from Mr. A. A. Blakesley and stated that there would be approximately 4,000,000 tons of rock to come out of this proposed excava- tion; that there has been no allowance made for establishing a crusher nor washing plant, and no areas designated or set aside for stockpiling of materials; that Ted M. Walsh and Associates, Engineer for the Los Angeles Storm Drain, Project 407, had received a letter of protest from Harold L. Johnson, Registered Engineer, designing the connecting piece of the Los Ahgeies Storm Drain, Project 445, that portion that goes through the City of Irwindale and ties into the San Gabriel River Flood Control Project, as shown on Exhibit P-9; that, as City Engineer, he favored the best use of the land which would give the City the greatest amount of monetary return, yet protect the health, welfare and safety of the public. He stated further that a definite health hazard, definite public safety hazard and a hazard to the general public welfare would be created, which included earthquake move- ments, and the results thereof. Mr. Young recommended denial of the special use permit due to possible water contamination of the underground water supply on which the people of Baldwin Park depend; dust, noise and lower- ing of property values in adjacent areas; possible earth- quake effects. Mr. Aloys Caillier, 520 West 109th Street, Los Angeles, in answer to questions by Council, stated that he would provide the same protection that other pits in this vicinity have provided with regard to rain and flood waters, earthquakes and fencing; the lease with the Hopkins' was negotiated on November 1, 1954, but that it was not effective until a permit was issued; that he bore all expenses incurred to date, i.e. attorney fees, maps, etc. Mr. Morris Coppersmith, at this time, stated that the application for a special use permit should be withdrawn and denied, for the reason that this is a distinct violation of the rule against perpetuity... that the lease, whatever it be, was void on its fact. At the request of Council, Mr. Frank J. Kashare agreed to supply a photostatic copy of the lease under discussion. Mrs. Barbara Stafford, 4444 Hornbrook, Baldwin Park, stated that pictures were solicited only from those people on Hornbrook and Dunia Streets closest to the proposed rock quarry; that those residents requesting pictures were taken and submitted with the forms, as presented at this meeting. Mr. Morris D. Coppersmith stated that Col. E. W. Weeks, who had testified earlier, would, within a period of ten days, submit a map showing upon what his report was based, clari- fying any possible misconceptions. City Engineer Vincent T. Young stated that the revision of the quarrying section of the general plan report proposes no quarrying within the corporate boundaries of the City of Baldwin Park, but does recognize, however, the extensive operations that are carried on in areas outside of the City... on its northwest and eastern boundaries... quarrying operations will continue for some years to come. He further stated that it was recommended that a series of performance standards for those areas having quarries be fostered to indicate a quarry wherein the way these activities would be regulated, and February 25, 1960 Page 13 CITY ENGINEER V. T. YOUNG Re:Qualifications and Opinions ALOYS CAILLIER 520 W. 109th St. Los Angeles Re: Clarification MORRIS COPPERSMITH Re: Denial of Special Use Permit Reason for BARBARA STAFFORD 4444 Hornbrook, Baldwin Park Re: Solicitation of photographs. SUBMISSION OF MAP BY COL. E.W. WEEKS FOR CLARIFICATION Continued) BIB] 39597-U01 1960-U02 02-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117412-U03 DO117418-U03 C4-U03 MINUTES1-U03 5/22/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1960 02 25 CC MINHÄ—@¸—@‡Í«491 Adjourned Regular Meeting of the Baldwin Park City Council then to submit these regulations to the neighboring communi- ties to as*ist them in regulating these operations in areas where they are incompatible with their surrounding. These performance standards would regulate quarrying operations especially when carried on near residential. areas, and would cover at least land and fencing, hours of operation, etc. Considerable discussion followed wherein Mr. Aloys Caillier stated that at one time the City had. been offered a royalty of two cents per ton, to be paid every month, as long as the operation existed, but the application had been denied and, at this time, he could,not offer the City a. royalty. He further stated that the primary operation would be on,- a wholesale basis and that by paying $325.00 a month to the landlord, there was no obligation on his part to have any minimum tonnage mined per month or per year. At this time Mayor Cole declared the hearing officially closed. COUNCILMAN HOLMES MOVED THAT THIS MATTER BE TAKEN UNDER STUDY TO GIVE COUNCIL TIME TO ASSIMILATE THIS AND BE PUT ON THE AGENDA OF THE NEXT REGULAR COUNCIL MEETING ON MARCH 7, 1960. COUNCILMAN LITTLEJOHN.SECONDED. The motion carried by the following vote: AYES: COUNCILMEN HOLMES, LITTLEJOHN, BISHOP, WILSON AND MAYOR COLE NOES: NONE ABSENT: NONE Mr. Morris D. Coppersmith then thanked Counci for their consideration. 00- AT 10:00 O'CLOCK P.M. COUNCILMAN LITTLEJOHN MOVED THAT A FIVE MINUTE RECESS BE DECLARED. COUNCILMAN HOLMES SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. 00- Chief Administrative Officer Asmus reported that at the next regular Council meeting of March 7, 1960, he-would present a report and written recommendations with refer- ence to Civil Defense Area'"D" Board of Mayors• Meeting. 00- Councilman Littlejohn reported that Mayor Cole, himself, and several engineers met in Supervisor Bonelli•s office, wherein the reception was good, and It was felt that, regarding the matter of're-alignment of Arrow Highway, Baldwin Park would not have to spend the $20,000.00 originally requested of them. 00- COUNCILMAN HOLMES MOVED THAT ORDINANCE NO. 143 BE READ BY TITLE ONLY. COUNCILMAN BISHOP SECONDED. The motion carried by the following vote: AYES: COUNCILMEN HOLMES, BISHOP, LITTLEJOHN, WILSON AND MAYOR COLE NOES: NONE ABSENT: NONE Continued) February 25, 1960 Page 14 FURTHER CLARIFI- CATION BY ALOYS CAILLIER. HEARING DECLARED CLOSED. MOTION MADE AND CARRIED THAT THIS MATTER BE TAKEN UNDER STUDY TO IVE COUNCIL TIME TO ASSIMILATE THIS & BE PUT ON AGENDA OF NEXT REGULAR COUNCIL MEETING ON MARCH 7, 1960. RECESS AT 10:10 P.M. RECONVENED AT 10:15 P.M. C.A.O. ASMUS RE CIVIL DEFENSE AREA D" BOARD OF MAYORS MEETING. COUNCILMAN LITTLEJOHN REPORT RE VISIT TO SUP. BONELLI'S OFFICE RE REALIGNMENT OF ARROW HIGHWAY. ORD. NO. 143 PASSED FIRST READING RE: CHANGE OF ZONING OF PROPERTY ON JOANBRIDGE ST. FROM A-I TO M-I AND P, ZONE CASE NO. Z-25. BIB] 39597-U01 1960-U02 02-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117412-U03 DO117418-U03 C4-U03 MINUTES1-U03 5/22/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1960 02 25 CC MINHÄ—@¸—@‡Í«Adjourned Regular Meeting of the Baldwin Park City Council City Clerk Balkus read Ordinance No. 143 as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMEND- ING THE ZONING MAP OF THE CITY TO CHANGE THE ZONING OF PROPERTY ON JOANBRIDGE STREET FROM A-I TO M-I AND P, ZONE CASE NO. Z-25" COUNCILMAN BISHOP MOVED THAT ORDINANCE NO. 143 PASS FIRST READING. COUNCILMAN HOLMES SECONDED. The motion carried by the following vote: AYES: COUNCILMEN BISHOP, HOLMES, LITTLEJOHN, WILSON AND MAYOR COLE NOES: NONE ABSENT: NONE Chief Administrative Officer Asmus presented information relative to United States Treasury Bills, and recommended that Council consider authorization of investing $50,000. of the $100,000. in the Inactive Account, in 182 day Bills which would be purchased at approximately $48,966.00 and in 182 days the Government would pay back to the investor $50,000. for these Bills. This appreciation of $1,034.00 would yield on an annual basis 4.094%. He further stated that the market, at the present time on 91 day Bills, is a yield of approximately 3.50% to that at the present time a gain of approximately 063% would be made by purchasing the Bills at the offering, rather than on the open market. Discussion followed. COUNCILMAN LITTLEJOHN MOVED THAT THE CITY TREASURER BE IN- STRUCTED TO PURCHASE $50,000 WORTH OF 182 DAY UNITED STATES TREASURY BILLS. COUNCILMAN HOLMES SECONDED. The motion carried by the following vote: AYES: COUNCILMEN LITTLEJOHN, HOLMES, BISHOP, WILSON AND MAYOR COLE NOES: NONE ABSENT: NONE COUNCILMAN LITTLEJOHN MOVED THAT THE BALANCE OF $50,000. BE PUT INTO 91 DAY UNITED STATED TREASURY BILLS. COUNCIL- MAN BISHOP SECONDED. The motion carried by the following vote: AYES: COUNCILMEN LITTLEJOHN, BISHOP, HOLMES, WILSON AND MAYOR COLE NOES: NONE ABSENT: NONE City Attorney Gorlick reported that the Igna case had been moved for dismissal and that the Josenhans case had been set for pre-trial. Mayor Cole appointed the City Council, as a whole, to the Canvassing Board for the March I, 1960 Election. The canvass of votes occurs the Tuesday following election, thereby being March 8, 1960. February 25, 1960 Page 15 REPORT BY C.A.0. RE: INVESTMENT OF FUNDS IN INACTIVE ACCT. IN 182 DAYS & 91 DAY U. S. TREASURY BILLS. MOTION MADE AND CARRIED THAT CITY TREASURER BE IN- STRUCTED TO PUR- CHASE $50,000. WORTH OF 182 DAY U. S. TREASURY BILLS. MOTION MADE AND CARRIED THAT BALANCE OF $50,000. BE PUT INTO 91 DAY U.S. TREASURY' BILLS. CITY ATTY. GORLICK REPORTS RE IGNA & JOSENHANS CASES. CITY COUNCIL AP- POINTED AS CAN- VASSING BOARD FOR MARCH I, 1960 ELECTION. BIB] 39597-U01 1960-U02 02-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117412-U03 DO117418-U03 C4-U03 MINUTES1-U03 5/22/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 1960 02 25 CC MINHÄ—@¸—@‡Í«443 Adjourned Regular Meeting of the Baldwin Park City Council Chief Administrative Officer Asmus Informed Council of an invitation issued to them by Mr. Paul Spencer and the G. W. Galloway Company, to a ground-breaking ceremony and luncheon on February 26, 1960, at 11:30 a.m., with reference to their new missile fabricating plant being located at Azusa Canyon Road and Arrow Highway. 00- AT 10:40 P.M. COUNCILMAN WILSON MOVED THAT COUNCIL ADJOURN. COUNCILMAN BISHOP SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. 00- N H. COLE, MAYOR February 25., 1960 Page 16 GROUND-BREAKING CEREMONY & LUNCHEON FEB. 26, 1960 at 11:30 A.M. INVITATION TO COUNCIL. ADJOURNMENT AT 10:40 P.M. THELMA L. BALKUS, CITY CLERK APPROVED: 1960 BIB] 39597-U01 1960-U02 02-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117412-U03 DO117418-U03 C4-U03 MINUTES1-U03 5/22/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06 Í«489 Adjourned Regular Meeting of the Baldwin Park City Council HIGHEST AND BEST USE The highest and best use of the parcel of land covered by the request for a rock quarry is the development for industrial or like-uses which are permitted under the existing zoning regula- tions. My understanding of the highest and best use Is that it is a concept of the market, namely, what a well Informed buyer will pay in terms of money to a well informed seller. A buyer of the subject property with the existing restrictions, which are not unusual ones, would not accept a rock quarry as the highest and best use. In a 1947 decision known as the Long Beach City School District vs Stewart 30 California 2nd 273) is quoted: In condemnation proceedings present market value must ordinarily be determined by con- sideration only of the use for which the land is adaptable and for which it is available." FUTURE DEVELOPMENT The future development of the proposed site for a rock quarry is not limited to such use. Thank you gentlemen." Mr. Morris Coppersmith, at this time, introduced as evidence, photographs of homes within the approximate area of the proposed rock quarry, which were entered as Exhibit P-5. Mr. Joseph Collins, 5346 La Mirada, Hollywood, California, Developer and General Contractor, stated that he had con- structed about 3,000 houses; that it was very difficult to obtain F.H.A. financing for sites that are contiguous or in close proximity of a gravel pit; that from a psychological standpoint, anyone that was coming into the neighborhood to buy a house would be somewhat detreered by the fact that the gravel pit existed; that he could see no advantage to the people living in the immediate area having such an installa- tion. Exhibit P-6, being a chart which set out the proposed area that was intended for the rock quarry pit and also an area that had some of the homes in the proximity of part of the tract, was introduced for the record. Mr. Frank Kashare, Attorney for the applicants, 215 West Seventh Street, Los Angeles 14, California, requested that Col. E. W. Weeks indicate on Exhibit P-6 certain designa- tions regarding his knowledge of the area of operation. Miss Elise Riemer, 134491 East Tracy Street, Baldwin Park, spoke in protest of granting the special use permit, stating that rock crushers destroy values of adjacent properties which are occupied; that the City would lose the possiblity of a great income from manufacturers entering the district; and cited personal instances of unpleasant living near rock crushers. Continued) February 25, 1960 Page 12 EXHIBIT P-5 INTRODUCED AS EVIDENCE.(PHOTOS) JOSEPH COLLINS Developer and General- Contractor 5346 La Mirada Hollywood Re: Opinions In protest. EXHIBIT P-6 CHARt) 1 NTRO- DUCED AS EVIDENCE. FRANK J. KASHARE ATTY FOR APPLI- CANTS Cross Examination of Col E. W. Weeks MISS ELISE RIEMER 13449) E. Tracy St. Baldwin Park Re: Spoke in protest. BIB] 39597-U01 1960-U02 02-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO117121-U03 FO117412-U03 DO117418-U03 C4-U03 MINUTES1-U03 5/22/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 CLERK-U06