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HomeMy WebLinkAbout1961 04 17 CC MIN1961 04 17 CC MINHÄ—@¸—BþÍ«131 REGULAR MEETING OF THE BAL1YNIN 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 Bishop led the salute to the flag. The invocation was given by Reverend Burl J. Rodgers of the First Assembly of God Church. Roll Call: Present: COUNCILMEN BISHOP, BLOXHAM, HOLMES, LITTLEJOHN AND MAYOR COLE Absent: CITY TREASURER PUGH Also,Present: CHIEF ADMINISTRATIVE OFFICER ASMUS, CITY ATTORNEY SAUNDERS, CITY ENGINEER YOUNG, PLANNING DIRECTOR MANSFIELD AND CITY CLERK BALKUS 00- COUNCILMAN HOLMES MOVED THAT THE MINUTES OF MARCH 20, 1961, AND MARCH 23, 1961, BE APPROVED WITH FURTHER READING WAIVED. COUNCILMAN BLOXHAM SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. 00- Mayor-Cole welcomed Scout Master Guadalupe Galvan and two of the Scouts in the Citizenship Class, Darrell Fullerton and Edward Galvan, of Troup 660. 00- City Clerk Balkus presented the matter of a letter from Mr. Bob L.Foster, 4427 North Maine Avenue, Baldwin Park, relevant to the request for issuance of building permits on property located within the Werner Tract Mutual Water Company's ser- vicing, as annexation to the Baldwin Park County Water District has been requested. City Clerk Backus administered the oath to those in the audi- ence desiring to be heard during the meeting. Discussion followed wherein Councilman Holmes clarified the matter of legal annexation to the Baldwin Park County Water District; wherein City Engineer Young stated that it was his understanding that the Werner Tract Mutual Water Company is now ready to let bids on construction of certain water lines and that they will comply with the standards as set by the ordinance. Mr. Bob L. Foster, 4427 North Maine Avenue, Baldwin Park, stated that as agent for Mr. E. H. Denning owner of Lots 8 and 9, Tract 4624) and himself, a hardship has been cre- ated on the Dennings in that they have removed all chickens and most of the buildings from their property, which was their only income; the the water mains of the two companies are contiguous to the property...the Werner Tract Mutual Water Company in the rear and the Baldwin Park County Water District in the front; that Council's action to stop the issuance of building permits due to the inadequate supply of water by the Werner Tract Mutual Water Company has also created a hardship on him as Lots 6 and 7 had gone through escrow prior to Council's action; that annexation to the Baldwin Park County Water District has been requested; that in 90-120 days when the water is actually needed they would APRIL 17, 1961 FLAG SALUTE INVOCATION ROLL CALL MINUTES OF MARCH 20, 1961 & MARCH 23, 1961 APPROVED WITH FURTHER READ- ING WAIVED. WELCOME BY MAYOR COLE TO BOY SCOUT GROUP. RE LETTER FROM BLB L. FOSTER, 4427 N. MAINE AVE., BALDNIN PARK. OATH ADMINISTERED BY CITY CLERK BALKUS. MR. BOB L. FOSTER, 4427 N. MAINE AVENUE, BALDNIN PARK. RE REQUEST FOR ISSUANCE OF BLDG. PERMITS RE LOTS 6,7,8, AND 9, TRACT 4624. Continued) BIB] 39597-U01 1961-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO115490-U03 DO117379-U03 C4-U03 MINUTES1-U03 5/21/2008-U04 ROBIN-U04 CITY-U06 COUNCIL-U06 1961 04 17 CC MINHÄ—@¸—BþÍ«132 Regular Meeting of the Baldwin Park City Council April 17, 1961 Page 2 be either annexed to the Baldwin Park County Water District or the Werner Tract Mutual Water Co. will have taken cor- rective action to supply sufficient water,for their projects; wherein consideration of this matter was requested. Mr. Edward J. Denning, 4442 North Bresee Avenue, Baldwin Park, MR. ED. J. DENNING stated that if the Werner Tract Mutual Water Company Is hurt" 4442 N. BRESEE then the entire city is going to be hurt; that the people can BALUNIN PARK not sell their property due to the lack of adequate water sup- RE LACK OF WATER ply; that he has lived in Baldwin Park for 21 years and feels SUPPLY. this is a City problem". Mayor Cole suggested that the people within the area of the Werner Tract Mutual Water Company go to their board about this problem, and that they have the right to elect a new board. Baldwin Park County Water District by Mr. Foster, In. that, according to the California Water Code and Civil Code such action is perfectly legal; that, if they annex to the Baldwin Park County Water District, their membership In.the Werner Tract Mutual Water Company will no longer exist; that annexa- tion to another water company must be done through petition by either an individual or a group; or an area; wherein Councilman Littlejohn questioned the legality of the right ofCouncil to withhold the issuance of building permits and asked legal clarification of City Attorney Saunders; wherein City Attorney Saunders offered legal clarification; wherein City Engineer Young stated that Mr. Philips, Consulting Engineer for the Werner Tract Mutual Water Company, had in- formed him that he had received a resolution ordering him to proceed with the Master Plan and elaborated upon the areas in which installation of lines will occur; that Mr. Philips was not ready to submit his report until Council had set standards to follow; that Mr. Philips had stated that construction can start about six weeks from the time an ordinance setting forth the standards is adopted. Mr. Foster stated that there are 32 units to be built on this property; wherein the matter of adoption of County Standards was discussed. Further discussion ensued wherein Councilman Holmes gave DISCUSSION AND further clarification as to the annexation request to the CLARIFICATIONS. 00- Mayor Cole announced that it was now the time and place for PUBLIC HEARING public hearing on Ordinance No. 179, APPROVING THE ANNEXATION 8:00 P.M. OF CERTAIN UNINHABITED TERRITORY DESIGNATED ANNEXATION NO. ORD. NO. 179 12" TO, THE CITY OF BALDN I N PARK. RE ANNEXATION NO. 12. City Clerk Balkus stated that the required publications, mail- ings and postings had been accomplished, and that no written protests had been received and located the area as being at Frazier and Ledford Streets. Mr. Frank Halterman, 1671 Fiske Avenue, Pasadena,.Cal.ifornia, MR. FRANK HALTER- representative of the Titan Company, stated that there are MAN, 1671 FISKE approximately 28 lots, with the possibility that more land AVE., PASADENA. is being added to the tract. Mayor Cole asked if there was anyone In the audience wishing to speak in behalf of Ordinance No. 179, ANNEXATION NO. 12. City Clerk Balkus stated that there are under el.even registered voters in this area which categorizes it ash"uninhabited". Mayor Cole asked if there was anyone else in the audience de- HEARING DECLARED siring to speak either in behalf of or in opposition to Ordi- CLOSED. nance No. 179, Annexation No. 12, and as no one came forth, he declared the hearing closed. Continued) BIB] 39597-U01 1961-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO115490-U03 DO117379-U03 C4-U03 MINUTES1-U03 5/21/2008-U04 ROBIN-U04 CITY-U06 COUNCIL-U06 1961 04 17 CC MINHÄ—@¸—BþÍ«Regular Meeting of the Baldwin Park City Council At the request of Mayor Cole, City Clerk Balkus read Ordin- ance No. 179 by title as follows: ORDINANCE NO. 179 AN ORDINANCE APPROVING THE ANNEXA- TION OF CERTAIN UNINHABITED TERRITORY DESIGNATED ANNEXATION NO. 12" TO THE CITY OF BALIYMIN PARK" COUNCILMAN BISHOP MOVED THAT FURTHER READING BE WAIVED ON ORDINANCE NO. 179 AND THAT IT PASS FIRST READING. COUNCIL- MAN BLOXHAM SECONDED. The motion carried by, the following vote: AYES: COUNCILMEN BISHOP, BLOXHAM, HOLMES, LITTLEJOHN AND MAYOR COLE NOES: NONE ABSENT: NONE 00- Mayor Cole announced that It was now the time and place for public hearing on Zone Case Z-89, being a request for change of zone from A-I to R-3 of property situated at 4006-4046 North Puente Avenue, Donald S. Bowman, et al, Planning Com- mission Resolution No. 653. Planning Director Mansfield presented a resume and the find- ings and recommendations of the Planning Commission, wherein approval was recommended subject to the conditions set forth in Planning Commission Resolution No. 653 and located the area on the map for benefit of Council. City Clerk Balkus stated that the required publications, mail- ings and postings had been accomplished. Mayor Cole asked if there was anyone in the audience desiring to speak in behalf of Zone Case Z-89. City Clerk Balkus administered the oath to those in the audi- ence wishing to be heard during the meeting. Mr. Arthur F. Wilson, 4046 North Puente Avenue, Baldwin Park, stated that there was industry adjoining this area, thereby making it ideal for R-3; that a safety factor Is needed in this area due to the high school; that good usage of the land would be made if an R-3 zone were permitted for the construc- tion of apartments, which would also increase land valuation to the City. Mr. Donald S. Bowman, 4012 North Puente, Baldwin Park, stated he was anxious to have the dproperty rezoned as there is an acre of land standing idle which Is costng them money; that they have the financing for the apartments to be built; that the additional traffic would not interfere with the high shcool. As there was no one else desiring to speak either in behalf of or In opposition to Zone Case Z-89 Mayor Cole declared the hearing closed. Discussion followed wherein Palnning Director Mansfield stated that there ar approximately five acres involvd and that the property owners have not as yet decided what type of develop- ment will be planned for this area. At the request of Mayor Cole, City Clerk Balkus read Ordinance No. 180 by title as follows: April 17, 1961 Page 3 ORD. NO. 179 RE APPROVING THE ANNEXATION OF CERTAIN UNINHABI- TED TERRITORY DESIGNATED ANNEXATION NO. 12" TO CITY OF BALDNIN PARK. FURTHER READING WAIVED & PASSED FIRST READING. PUBLIC HEARING ZONE CASE Z-89 RE REQUEST FOR CHANGE OF ZONE FROM A-I TO R-3 OF PROPERTY AT 4006-4046 NORTH PUENTE AVENUE DONALD S. BOWMAN, ET AL, P.C. RES. #653. OATH ADMINISTERED BY CITY CLERK BALKUS MR. A. F. WILSON 4046 N. PUENTE AVE., BALDNIN PARK SPOKE IN BEHALF OF ZONE CASE Z-89. MR. DONALD S. BONMAN, 4012 N. PUENTE AVENUE, BALDNIN PARK SPOKE IN BEHALF OF ZONE CASE Z-89 Continued) BIB] 39597-U01 1961-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO115490-U03 DO117379-U03 C4-U03 MINUTES1-U03 5/21/2008-U04 ROBIN-U04 CITY-U06 COUNCIL-U06 1961 04 17 CC MINHÄ—@¸—BþÍ«134 Regular Meeting of the Baldwin Park City Council ORDINANCE NO. 180 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALLWIN PARK AMEND- ING THE ZONING MAP OF THE CITY TO CHANGE THE ZONING OF PROPERTY ON THE SOUTHEAST CORNER OF BADILLO STREET AND PUENTE AVENUE FROM A-I TO R-3, ZONE CHaNGE'CASE NO. Z-89" COUNCILMAN BISHOP MOVED THAT FURTHER READING BE WAIVED ON ORDINANCE NO. 180 AND THAT IT PASS FIRST READING. COUNCIL- MAN HOLMES SECONDED. The motion carried by the following vote: AYES: COUNCILMEN BISHOP, HOLMES, BLOXHAM, LITTLEJOHN AND MAYOR COLE NOES: NONE ABSENT: NONE Mayor Cole announced that it was now the time and place for public hearing on Zone Case Z-90, being a request for change of zone from A-I to C-2 of property on Garvey Avenue adjacent to the San Bernardino Frwy, E. A. Rollins and Robert Gausman, Planning Commission Resolution No. 654. Planning Director Mansfield presented a resume and the findings and recommendations of the Planning Commission, wherein approval was recommended subject to the conditions set forth In Planning Commission Resolution No. 654, and located the area on the map for benefit of Council. City Clerk Balkus stated that the required publications, mail- ings and postings had been accomplished. Mayor Cole asked If there was anyone in the audience desiring to speak in behalf of Zone Case Z-90. Mr. Ed Rollins, 3947 Big Dalton, Baldwin Park, spoke In behalf of Zone Case Z-90, stating that he felt C-2 zoning was proper for that area, as then the land could be developed to the best advantage; that it was their intent to rid the area of the eyesores". As there was no one else desiring to speak either in behalf of or in opposition toZone Case X.90, Mayor Cole declared the hearing closed. Discussion followed wherein Mr. Rollins elaborated on the pro- posed development of the area; that it was his intent to in- stall retail stores on this property; wherein clarification of the recommendation by the Planning Commission that the orperty be zoned for C-I rather than C-2 was given by Plan- ning Director Mansfield. At the request of Mayor Cole, City Clerk Balkus read Ordinance No. 181 by title as follows: ORDINANCE NO. 181 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDNIN PARK AMENDING THE ZONING MAP OF THE CITY TO'CHANGE THE ZONING OF PROPERTY ON GARVY AVENUE ADJACENT TO THE SAN BERNARDINO FREEWAY FROM A-1 TO C-2, ZONE CASE NO. Z-90" Continued) April 17, 1961 Page 4 ORD. NO. 180 RE AMENDING ZON- ING MAP OF CITY TO CHANGE ZONING OF PROPERTY ON SOUTHEAST CORNER OF BADILLO ST. & PUENTE FROM A-1 TO R-3, ZONE CHANGE CASE NO. Z-89. FURTHER-READING WAIVED & PASSED FIRST READING. PUBLIC HEARING RE REQUEST FOR CHANGE OF ZONE FROM A-I TO C-2 OF PROPERTY ON GARVLOY AVENUE ADJACENT TO S.B. FREEWAY, E.A. ROLLINS & ROBT. GAUSMAN P.C. RES. #654. MR. ED. ROLLINS 3947 BIG DALTON BALCW I N PARK SPOKE IN BEHALF OF ZONE CASE Z-90. HEARING DECLARED CLOSED. ORD. NO.'181 RE AMENDING ZONING MAP OF CITY TO CHARGE ZONING OF PROP- ERTY.ON GARVEY AVE. ADJACENT TO S.B. FREEWAY FROM A-I TO C-2. BIB] 39597-U01 1961-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO115490-U03 DO117379-U03 C4-U03 MINUTES1-U03 5/21/2008-U04 ROBIN-U04 CITY-U06 COUNCIL-U06 1961 04 17 CC MINHÄ—@¸—BþÍ«11 1 Regular Meeting of the Baldwin Park City Council COUNCILMAN HOLMES MOVED THAT FURTHER READING BE WAIVED ON ORDINANCE NO. 181, AND THAT THE FINDINGS OF COUNCIL DETER- MINE THAT THE PROPER ZONING FOR THIS AREA BE C-2, AND THAT IT PASS FIRST READING. COUNCILMAN BLOXHAM SECONDED. The motion carried by the following vote: AYES: COUNCILMEN HOLMES, BLOXHAM, BISHOP, LITTLEJOHN AND MAYOR COLE NOES: NONE ABSENT: NONE 00- Mayor Cole announced that it was now time for the opening of the bids on the purchase of property at the corner of Los Angeles Street and Stewart Avenue. Chief Administrative Officer Asmus stated that no bids had been received relevant to the sale of this property; that it had been advertised for four consecutive weeks, as required by State Law; that 2-3 people had sought information regard- ing this property; that $5,000.00 was the price set on this property; that Los Angles Street property has 25' frontage with a depth of 110' and Stewart Street has a 66' frontage with an approximate depth of about 90'. City Clerk Balkus read the publication notice inviting bids on this property as follows: Notice Inviting Bids Sealed written bids for the purchase of the following described real property in the City of Baldwin Park, County of Los Angeles, State of California, to-wit: The southerly 176 feet of the northerly 201 feet of the west one acre of the north 6 acres of the north half of the west half of the northwest quarter of the northeast quarter of Section 18, Township l South, Range 10 West, San Bernardino Meridian, in the City of Baldwin Park, County of Los Angeles, State of California, according to the official plat of said land filed in the District Land Office, April 21, 1877: EXCEPT the easterly 55 feet of the northerly 135 feet of said west one acre; and EXCEPT the westerly 30 feet of the southerly 176 feet thereof, will be received by the City Clerk, In the City Hall, 14403 East Pacific Avenue, Baldwin Park, California, not later than 8:00 P.M., Monday, April 17, 1961, at which time they will be publicly opened in the Council Chamber and declared and recorded In the presence of the City Council. Said bids shall be plainly marked: Bid for Purchase of Property at Corner of Los Angeles Street and Stewart Avenue". No bid less than $5,000.00 will be considered. Each bid must be accompanied by a certified or cashier's check in an amount of not less than 10% of the amount of the bid, as a guarantee that the bidder will promptly consummate purchase of the property. /s/ Lynn H. Cole Lynn H. Cole, Mayor Discussion ensued wherein Chief Administrative Officer Asmus stated that the property was posted with two signs and that he had contacted various people who might be interested in the purchase of this property; wherein Mayor Cole stated that no further action was required. April 17, 1961 Page 5 FURTHER READING WAIVED, FINDINGS OF COUNCIL DETER- MINE THAT PROPER ZONING FOR THIS AREA BE C-2, & PASSED FIRST READING. OPENING OF BIDS RE PURCHASE OF PROPERTY OF COR- NER OF L.A. ST. & STEWART AVENUE. NOTICE INVITING BIDS;READING BY CITY CLERK BALKUS. NO FURTHER ACTION REQUIRED. 00- BIB] 39597-U01 1961-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO115490-U03 DO117379-U03 C4-U03 MINUTES1-U03 5/21/2008-U04 ROBIN-U04 CITY-U06 COUNCIL-U06 1961 04 17 CC MINHÄ—@¸—BþÍ«136 Regular Meeting of the Baldwin Park City Council Mayor Cole announced that it was now the time for the matter of an alley vacation, Lot Split Case No. 265, Mr. O'Dorsey. Burge). Mr. O'Dorsey's request for an alley vacation was withdrawn by the present owner, Bill Burge; said location located north of Fairgrove, west of Athol and adjacent to the Elwin Park School. COUNCILMAN HOLMES MOVED THAT FURTHER PROCEEDINGS RELEVANT TO VACATION OF AN ALLEY, LOT SPLIT CASE NO. 265, MR. O'DORSEY BURGE) BE TERMINATED. COUNCILMAN BLOXHAM SECONDED. The motion carried by the following vote: AYES: COUNCILMEN HOLMES,. BLOXHAM, BISHOP, LITTLEJOHN AND MAYOR COLE NOES: NONE ABSENT: NONE 00- Mr. Peter King, representing the Scott-King Development Co., 3943 North La Rica, Baldwin Park„ spoke relative to.the mora- torium on the lot split cases due to the inadequate supply of water by the Werner Tract Mutual Water Company, and stated that if construction is scheduled in about six weeks by the Werner Tract Mutual Water Company in order to provide adequate water supply to the property owners, building permits should be per- mitted for the cases being held under the moratorium, but sug- gested that final occupancy be withheld until the water supply is available. Considerable discussion followed wherein Chief Administrative Officer Asmus clarified the procedure and frequent involvements in the processing of lot splits. It was suggested to Mr. King that the property owners go before the Board of Directors of the Werner Tract Mutual Water Company, presenting their problems as shareholders in an effort to gain relief from this situation. April 17,.1961 Page 6 MATTER OF ALLEY VACATION LOT SPLIT CASE #265, O'DORSEY; BURGE) MOTION MADE AND CARRIED THAT FUR- THER PROCEEDINGS RELEVANT TO VACA- TION OF ALLEY, L S CASE #265 O'DORSEY, BE TERMINATED. BURGE) MR. PETER KING REP. OF SCOTT- KING DEVELOPMENT CO. 3943 N. La Rica, Baldwin Pk. Re moratorium on lot split cases. 00- Chief Administrative Officer Asmus reported that, relevant to a REPORT BY C.A.O. letter from the Division of Highways regarding an accelerated RE LETTER FROM street construction programming of the 5/8's gas tax funds pro- DIVISION OF HIGH- jects of the City in order to relieve the unemployment situation, WAYS RE PROGRAM- we are proceeding to promote the projects we have planned, as MING OF 5/8's well as, and in line with, the suggestion as set forth in their GAS TAX FUNDS. letter. 00- Councilman Holmes reported that the East San Gabriel Valley REPORT BY COUNCIL Planning Committee is meeting Thursday, April 20, 1961, at MAN HOLMES RE THE the Rainbow Angling Club in Azusa, and that the City of E.S.G.V. PLANNING Irwindale is hosting this session, which promises to be an COMMITTEE MEETING" interesting meeting as a movie'on the Metropolitan Water ON APRIL 20, 1961. Development will be shown. He further stated that City Engineer Young, as Chairman of the Road Department Study Committee, will present a report, and extended an invita- tion to all members of Council to attend. 00- Planning Director Mansfield presented Lot Split Case No. LOT SPLIT #332 332, a request for a lot split by Raymond W. and Sandra J. P.C. RES. #659 Guthrie, 3146 Mangum, Baldwin Park. Mr. Mansfield ex- R. W. & S. J. plained the findings of the Planning Commission and that Guthrie, 3146 they recommended approval of the lot split subject to the Mangum, Baldwin conditions in Planning Commission Resolution No. 659. Park. Continued) BIB] 39597-U01 1961-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO115490-U03 DO117379-U03 C4-U03 MINUTES1-U03 5/21/2008-U04 ROBIN-U04 CITY-U06 COUNCIL-U06 1961 04 17 CC MINHÄ—@¸—BþÍ«Regular Meeting of the Baldwin Park City Council COUNCILMAN HOLMES MOVED THAT THE FINDINGS OF THE CITY COUNCIL CONCUR WITH THE FINDINGS OF THE PLANNING COMMISSION AND THAT LOT SPLIT NO. 332, PLANNING COMMISSION RESOLUTION NO. 659 BE APPROVED. COUNCILMAN BLOXHAM SECONDED. The motion carried by the following vote: AYES: COUNCILMEN HOLMES, BLOXHAM, BISHOP, LITTLEJOHN AND MAYOR COLE NOES: NONE ABSENT: NONE 00- Planning Director Mansfield presented Lot Split Case No. 327, a request for a lot split by Stuart S. McDermed, Sr., and Gladys C. McDermed at 4709 North Bresee Avenue, Baldwin Park. Mr. Mansfield explained the findings of the Planning Commission and that they recommended tabling of this lot split due to the water supply situation as previously dis- cussed. COUNCILMAN BLOXHAM MOVED THAT LOT SPLIT NO. 327, PLANNING COMMISSION RESOLUTION NO. 660 BE TABLED. COUNCILMAN BISHOP SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. 00- Planning Director Mansfield presented Lot Split Case No. 329, a request for a lot split by Ernest T. and Amelia M. Stokes at 3309 Athol Street, Baldwin Park, and Lot Split Case No. 331, a request for a lot split by Lewis J. and Mary Ann Miller at 3313 Athol Street, Baldwin Park. Mr. Mansfield explained the findings of the Planning Commission and that they recommended approval of both lot splits subject to the respective Planning Commission Resolution Nos. 662 and 663. Discussion followed. COUNCILMAN BISHOP MOVED THAT THE FINDINGS OF THE CITY COUNCIL CONCUR WITH THE FINDINGS OF THE PLANNING COMMISSION AND THAT LOT SPLIT NO. 329, PLANNING COMMISSION RESOLUTION NO. 662, AND LOT SPLIT NO. 331, PLANNING COMMISSION RESOLUTION NO. 663, BE APPROVED. COUNCILMAN BLOXHAM SECONDED. The motion carried by the following vote: AYES: COUNCILMEN BISHOP, BLOXHAM, NOES: ABSENT: HOLMES, LITTLEJOHN AND MAYOR COLE NONE NONE 00- Planning Director Mansfield presented Lot Split Case No. 330, a request for a lot split by Roland M. and Donna J. Nixon for a lot split at 3349 Big Dalton Avenue, Baldwin Park; Mr. Mansfield explained the findings of the Plan- ning Commission and that they recommended approval of the lot split subject to the conditions in Planning Commission Resolution No. 664. Discussion followed. COUNCILMAN HOLMES MOVED THAT THE FINDINGS OF THE CITY COUNCIL CONCUR WITH THE FINDINGS OF THE PLANNING COM- MISSION AND THAT LOT SPLIT NO. 330, PLANNING COMMISSION RESOLUTION NO. 664 BE APPROVED. COUNCILMAN BISHOP SEC- ONDED. The motion carried by the following vote: April 17, 1961 Page 7 APPROVED. LOT SPLIT #327 P.C. RES. #600 S.S. & G.C. McDermed, Sr., 4709 N. Bresee Baldwin Park. TABLED. LOT SPLIT #329 & LOT SPLIT #331 P.C. RES. #662 & P.C. RES. #663 E. R. & A..M. Stokes 3309 Athol Street Baldwin Park and L.J. & M.A. Miller 3313 Athol Street Baldwin Park. APPROVED LOT SPLIT #330 P.C. RES. #664 R.M. & D.J. Nixon 3349 Big Dalton Baldwin Park. APPROVED. Continued) BIB] 39597-U01 1961-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO115490-U03 DO117379-U03 C4-U03 MINUTES1-U03 5/21/2008-U04 ROBIN-U04 CITY-U06 COUNCIL-U06 1961 04 17 CC MINHÄ—@¸—BþÍ«138 Regular Meeting of the Baldwin Park City Council AYES: COUNCILMEN HOLMES, BISHOP, BLOXHAM, LITTLEJOHN AND MAYOR COLE NOES: NONE ABSENT: NONE 00- Planning Director Mansfield presented Lot Split Case No. 333, a request for a lot split by Clarence A. and Mildred Peterson at 3804 Athol Street, Baldwin Park. 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. 665. Discussion followed. COUNCILMAN HOLMES MOVED THAT THE FINDINGS OF THE CITY COUNCIL CONCUR WITH THE FINDINGS OF THE PLANNING COMMISSION AND THAT LOT SPLIT NO. 333, PLANNING COMMISSION RESOLUTION NO. 665 BE APPROVED. COUNCILMAN LITTLEJOHN SECONDED. The motion carried by the following vote: AYES: COUNCILMEN HOLMES, LITTLEJOHN,, BISHOP, BLOXHAM AND MAYOR COLE NOES: NONE ABSENT: NONE 00- City Attorney Saunders reported, as a matter of information, that his secretary, Mrs. Helen Jones, started work today. 00- AT 9:32 P.M. COUNCILMAN BLOXHAM MOVED THAT A FIVE MINUTE RECESS BE DECLARED. COUNCILMAN BISHOP SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. 00- City Clerk Balkus presented an Application for Transfer of Alcoholic Beverage License, being a transfer of On-Sale Beer License, Laurette and Rex Allen, 12733 East Garvey Avenue, Baldwin Park. Mayor Cole stated that this was a matter of information only and that no action was required. 00- City Clerk Balkus presented a report from the County Boundary Commission regarding a proposed Annexation No. 168 to the City of West Covina. Mayor Cole stated that this was a matter of information only and that no action was required. 00- Chief Administrative Officer Asmus presented the matter of appointment of a Civil Defense Director and submitted recom- mendations relative to our Civil Defense organization, in that the Director of Civil Defense be appointed in the same manner as other Department Heads of the City; that the office of Assistant Director and other subordinate positions within the department be appointed by the Director, subject to the normal supervision exercised by the Chief Administrative Of- fice'r as outlined in Section 2904 of the Municipal Code; that the current provision under Section 2210.3 establishing' the Civil Defense and Disaster Council be amended to provide that Continued) April 17, 1961 Page 8 LOT SPLIT'#333 P.C. RES. #665 C.A. & M. Peter- son, 3804 Athol Street, Baldwin Park. APPROVED. REPORT BY CITY ATTY RE EMPLOY- MENT OF SECRETARY. RECESS AT 9:32 P.M. RECONVENED AT 9:37 P.M. APPLICATION FOR TRANSFER OF ALCO- HOLIC BEVERAGE LICENSE. RECEIVED & FILED. REPORT BY CITY CLERK BALKUS RE PROPOSED ANNEXA- TION #168 TO CITY OF WEST COVINA. APPOINTMENT OF CIVIL DEFENSE DIRECTOR & RECOM- MENDATIONS RE OUR Presented by C.A.O. Asmus BIB] 39597-U01 1961-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO115490-U03 DO117379-U03 C4-U03 MINUTES1-U03 5/21/2008-U04 ROBIN-U04 CITY-U06 COUNCIL-U06 1961 04 17 CC MINHÄ—@¸—Bþ Í«Regular Meeting of the Baldwin Park City Council the City Council shall constitute the Disaster Council rather than the Mayor, Civil Defense Director, Assistant and Chiefs of the operating services; that the Director's authority should remain precisely as now outlined in Section 2210.5 of the Code, although the Director should be administratively responsible to the Chief Administrative Officer who would be ultimately re- sponsible for the effective coordination of civil defense mat- ters; that Joe C. Pierce, former Civil Defense Director of the City be reappointed Director at a monthly salary of $150.00. Considerable discussion ensued. Mayor Cole stated that, with the approval of Council, he would like to appoint Joe C. Pierce as Civil Defense Director of the City of Baldwin Park at a salary of $150.00 per month. COUNCILMAN BLOXHAM MOVED THAT COUNCIL CONCUR WITH THE RECOM- MENDATIONS OF THE MAYOR AND THAT JOE C. PIERCE BE APPOINTED AS CIVIL DEFENSE DIRECTOR COMMENCING APRIL 17, 1961, AT A SALARY OF $150.00 PER MONTH. COUNCILMAN HOLMES SECONDED. The motion carried by the following vote: AYES: COUNCILMEN BLOXHAM, HOLMES, BISHOP, LITTLEJOHN AND MAYOR COLE NOES: NONE ABSENT: NONE At the request of Mayor Cole, City Clerk Balkus read Resolu- tion No. 61-47 by title as follows: RESOLUTION NO. 61-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDNIN PARK AMEND- ING SECTION 2 OF RESOLUTION NO. 60-61." COUNCILMAN HOLMES MOVED THAT RESOLUTION NO. 61-47 BE ADOPTED. COUNCILMAN BLOXHAM SECONDED. The motion carried by the fol- lowing vote: AYES: COUNCILMEN HOLMES, BLOXHAM, BISHOP, LITTLEJOHN AND MAYOR COLE NOES: NONE ABSENT: NONE Mr. Joe C. Pierce, in accepting the appointment of Civil De- fense Director of the City of Baldwin Park, thanked Council and said that he would endeavor to get the Civil Defense organization back on its feet again". Chief Administrative Officer Asmus was instructed to work with Civil Defense Director Pierce in studying amendments to the current ordinance and resolution establishing the organization, duties and responsibilities for Civil Defense activities, and bring back before Council for further consideration. Chief Administrative Officer Asmus presented a recommendation regarding the investment of City funds, in that he suggested the deposit of $50,000.00 in an Inactive account at the Citizen's National Bank for a period of 180 days at 3% interest. April 17, 1961 Page 9 MOTION MADE AND CARRIED THAT COUNCIL CONCUR WITH RECOMMENDA- TION OF MAYOR & THAT JOE C. PIERCE BE APPOINT- ED AS CIVIL DE- FENSE DIRECTOR COMMENCING APRIL 17, 1961 AT A SALARY OF $150.00 PER MONTH. RES. NO. 61-47 RE AMENDING SECT. 2 OF RES. 60-61. ADOPTED. ACCEPTANCE OF POSITION BY JOE C.PIERCE. C.A.O. TO WORK WITH C.D. DIRECTOR RE AMENDMENTS TO CURRENT ORDINANCE & RES. ESTABLISH- ING THE ORGANIZA- TION, ETC. & BRING BACK BEFORE COUN- CIL FOR FURTHER CONSIDERATION. INVESTMENT OF CITY FUNDS Re- commendations by C.A.O. Asmus Continued) BIB] 39597-U01 1961-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO115490-U03 DO117379-U03 C4-U03 MINUTES1-U03 5/21/2008-U04 ROBIN-U04 CITY-U06 COUNCIL-U06 1961 04 17 CC MINHÄ—@¸—Bþ Í«14o Regular Meeting of the Baldwin Park City Council Discussion followed wherein Councilman Littlejohn suggested that theCity inform the County Sanitation District that there are funds available regarding the furtherance of the installa- tion of trunk lines. COUNCILMAN HOLMES MOVED THAT COUNCIL CONCUR WITH THE RECOM- MENDATIONS OF THE CHIEF ADMINISTRATIVE OFFICER AND THAT HE BE INSTRUCTED TO INVEST $50,000.00 IN AN INACTIVE ACCOUNT AT THE CITIZEN'S NATIONAL BANK FOR A PERIOD OF 180 DAYS AT 3% INTER- EST. COUNCILMAN BISHOP SECONDED. The motion carried by the following vote; AYES: COUNCILMEN HOLMES, BISHOP, BLOXHAM, LITTLEJOHN AND MAYOR COLE NOES: NONE ABSENT: NONE City Engineer Young elaborated on the plans for installation of trunk lines by the County Sanitation District. Chief Administrative Officer Asmus was instructed to secure the Information from the Sanitation District as to what monies they have available now, and how far they will go with regard to the Installation of trunk lines, and distribute this data to Council. 00- Chief Administrative Officer Asmus presented a request for allocation for Reverend Waldo Specht to attend a Special Radiological Training, Course for instructors to be held for one week in Alameda, beginning May I, 1961., and transporta- tion expense in the amount of $50.00. He further stated that there are sufficient funds in, the budget, as there have been considerable savings in the Area D" allocation. Considerable discussion ensued wherein. Civil Defense Director Joe Pierce elaborated on the need for representation at these meetings and the requirements that must be met in order to keep the radiological trailer; that Reverend Specht does have the qualifications to teach. COUNCILMAN HOLMES MOVED THAT AN AMOUNT NOT TO EXCEED $50.00 BE ALLOCATED FOR REVEREND WALDO SPECHT TO ATTEND THE SPECIAL RADIO- LOGICAL TRAINING COURSE FOR INSTRUCTORS TO BE HELD FOR ONE WEEK IN ALAMEDA, BEGINNING MAY I, 1961, AS IT IS ESSENTIAL FOR ONE INDIVIDUAL TO BE WELL QUALIFIED IN RADIOLOGICAL PROBLEMS,AND WHICH FITS INTO THE REACTIVATION OF OUR CIVIL DEFENSE PROGRAM. COUNCILMAN BLOXHAM SECONDED. The motion carried by the follow- ing vote: AYES: COUNCILMEN HOLMES, BLOXHAM, LITTLEJOHN AND MAYOR COLE NOES: COUNCILMAN BISHOP ABSENT: NONE 00- Chief Administrative Officer Asmus presented the matter of a Master Agreement for the budgeting and expenditure of engineer- ing funds from the State Highway Fund to Cities and a resolu- tion for adoption by the City Council. He further stated that the budgeting of gas tax funds has been revised by the State Highway Division and the yearly agreements are being replaced with a Master Agreement which will be handled in the same man- ner as the Master Agreement that is being used and.was signed last year for engineering funds, Section 2107.5; that after execution of the Master Agreement, project statements may be Continued) April 17, 1961 Page 10 MOTIONMADE AND CARRIED THAT COUNCIL CONCUR WITH RECOM- MENDATIONS OF C.A.O. AND THAT HE BE INSTRUCTED TO IN- VEST $50,000. IN AN INACTIVE ACCOUNT AT CITIZEN'S NAT'L BANK FOR 180 DAYS AT 3% IN- TEREST. C.A.O. INSTRUCTED TO SECURE INFOR- MATION FROM SANITATION DIS- TRICT RE MONIES NON AVAILABLE, ETC. REQUEST FOR ALLO- CATION RE SPECIAL RADIOLOGICAL TRAINING COURSE TO BE HELD IN ALAMEDA Recom- mendation by C.A.O. Asmus. MOTION MADE AND CARRIED THAT AN AMOUNT NOT TO EXCEED $50.00 BE ALLOCATED FOR REV. SPECHT TO ATTEND THE SPECIAL RADIOLOGICAL TRAINING COURSE FOR INSTRUCTIONS. MASTER AGREEMENT RE 5/8.GAS TAX FUNDS Recom- mendation.by C.A.O. Asmus. BIB] 39597-U01 1961-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO115490-U03 DO117379-U03 C4-U03 MINUTES1-U03 5/21/2008-U04 ROBIN-U04 CITY-U06 COUNCIL-U06 1961 04 17 CC MINHÄ—@¸—Bþ Í«Regular Meeting of the Baldwin Park City Council submitted in the usual manner covering the proposed street improvements and/or maintenance budget; wherein he recommended execution of the resolution adopting the Master Agreement. I At the request of Mayor Cole, City Clerk Balkus read Resolu- tion No. 61-50 by title as follows: RESOLUTION NO. 61-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AP- PROVING MASTER AGREEMENT FOR EX- PENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES" Discussion followed wherein Councilman Littlejohn expressed concern over binding a future administration to an agreement of this type; wherein City Engineer Young gave clarification of the content and intent of the Master Agreement under discussion. COUNCILMAN HOLMES MOVED THAT RESOLUTION NO. 61-50 BE ADOPTED. COUNCILMAN BISHOP SECONDED. The motion carried by the follow- ing vote: AYES: COUNCILMEN HOLMES, BISHOP, BLOXHAM AND MAYOR COLE NOES: COUNCILMAN LITTLEJOHN ABSENT: NONE I City Attorney Saunders was instructed to examine this Master Agreement and report back to Council. 00- Chief Administrative Officer Asmus presented the matter of the improvement of Baldwin Park boulevard Dalewood Avenue to South City Limits) and distributed a supplemental sheet to be used in lieu of the tabulated schedule of costs, which included the quantities to be used for the improvement of April 17, 1961 Page II RES. NO. 61-50 RE APPROVING MASTER AGREEMENT FOR EXPENDITURE OF FUNDS ALLOCA- TED FROM THE STATE HIGHWAY FUND TO CITIES. ADOPTED. CITY ATTORNEY INSTRUCTED TO EXAMINE THIS MASTER AGREEMENT & REPORT BACK TO COUNCIL. IMPROVEMENT OF BALDWIN PARK BLVD. CITY PROJECT NO. CA-60-I. that area which is now under construction, bringing the total cost up to $20,840.00. Discussion followed. COUNCILMAN HOLMES MOVED THAT THE PLANS AND SPECIFICATIONS FOR MOTION MADE AND CITY PROJECT NO. CA-60-I BE APPROVED AND THE CALL FOR BIDS CARRIED THAT BE AUTHORIZED. COUNCILMAN LITTLEJOHN SECONDED. The motion PLANS & SPECS FOR carried by the following vote: CITY PROJECT NO. CA I BE AP 60 AYES: COUNCILMEN HOLMES, LITTLEJOHN, PROVED AND THAT BISHOP, BLOXHAM AND MAYOR COLE CALL FOR BIDS BE NOES: NONE AUTHORIZED. ABSENT: NONE 00- Chief Administrative Officer Asmus presented a request for an allocation not to exceed $154.95 for harry Drumbeater, Civil Engineering Assistant, to attend the Institute of Transporta- tion and Traffic Engineering, June 12th through June 16th, 1961. He further stated that there are sufficient funds in the Engineering budget to cover cost of transportation and other expenses, and that the course is being held at Richmond Field Station, Richmond, California. Discussion followed wherein Councilman Bishop expressed dif- ference of opinion in the use of the tax dollar in the school- ing of City employees; wherein City Engineer Young elaborated on the facets of the course and the training derived from attendance. REQUEST FOR ALLOCATION RE INSTITUTE OF TRANSPORTATION & TRAFFIC ENGIN- EERING. Recommendation by C.A.O. Asmus. Continued) BIB] 39597-U01 1961-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO115490-U03 DO117379-U03 C4-U03 MINUTES1-U03 5/21/2008-U04 ROBIN-U04 CITY-U06 COUNCIL-U06 1961 04 17 CC MINHÄ—@¸—Bþ 1961 04 17 CC MINHÄ—@¸—Bþ Í«143 Regular Meeting of the Baldwin Park City Council April 17, 1961 Page 13 AYES: COUNCILMAN HOLMES, BISHOP, BLOXHAM, LITTLEJOHN AND MAYOR COLE NOES: NONE ABSENT: NONE 00- Chief Administrative Officer Asmus stated that he had nothing to report on the Handbill and Anti-Litter Ordinance at this time, but that the City Attorney was working on it. 00- Chief Administrative Officer Asmus stated that Zone Exception Case ZE-38, a request for zone exception in Zone R-2 to permit grocery store operation at 5026 North Maine Avenue for ten years, Arthur H. and Marion W. Cunningham, was ready to come back before Council. He further stated that it only remains for Council to decide what improvements they want to require to be put on Maine Avenue, since the title report has proven California Street to be a private street, and then to instruct the City Attorney to prepare a resolution subject to those conditions they want included. Discussion followed relative to the length of time requested by the applicants, the possible dedication of a portion of California Street, and the possibility of the remaining property owners participating in a 1911 Act for the improvement of the entire street. Mr. Arthur E. Cunningham, 5026 North Maine Avenue, Baldwin Park, stated that he had talked to the people on the street, along with a petition that they had signed, and they were of the opinion that a sidewalk would be an obstruction unless put in on the entire street; that a sidewalk would not improve his property, but he was willing to install it in the front; that the processing of this request has cost him $275.00 to date; that this store has been in existence for 35 years and under the County jurisdiction, sidewalks had not been required. Discussion continued. COUNCILMAN HOLMES MOVED THAT COUNCIL CONCUR WITH THE PLANNING COMMISSION RECOMMENDATIONS AND GRANT THIS ZONE EXCEPTION RE- QUEST FOR A FIVE YEAR PERIOD, AND THAT MAINE STREET BE IMPROVED, AND CALIFORNIA STREET REMAIN IN ITS PRESENT STATUS. MAYOR COLE SECONDED. Motion failed to carry by the following vote: AYES: COUNCILMEN HOLMES AND MAYOR COLE NOES: COUNCILMEN BISHOP, BLOXHAM AND LITTLEJOHN ABSENT: NONE Further discussion occurred. COUNCILMAN BISHOP MOVED THAT THE FINDINGS OF THE CITY COUNCIL CONCUR WITH THE FINDINGS OF THE PLANNING COMMISSION AS SET FORTH IN PLANNING COMMISSION RESOLUTION NO. 622, AND THAT THIS ZONE EXCEPTION REQUEST BE GRANTED FOR A PERIOD OF TEN YEARS. COUNCIL- MAN BLOXHAM SECONDED. The motion carried by the following vote: AYES: COUNCILMEN BISHOP, BLOXHAM, AND HOLMES NOES: COUNCILMAN LITTLEJOHN ABSTAINED: MAYOR COLE ABSENT: NONE HANDBILL & ANTI- LITTER ORD. Nothing to report. ZONE EXCEPTION CASE ZE-38 RE REQUEST FOR ZONE EXCEPTION IN ZONE R-2 TO PERMIT GROCERY STORE OPERATION AT 5026 N. MAINE AVE. FOR 10 YRS. ARTHUR H. & MARION W. CUNNINGHAM. Mr. Arthur Cunningham, 5026 N. Maine, Baldwin Park. MOTION MADE AND FAILED TO CARRY THAT COUNCIL CON- CUR WITH P.C. RECOMMENDATIONS AND GRANT THIS ZONE EXCEPTION REQUEST FOR A 5-YEAR PERIOD AND THAT MAINE ST. BE IMPROVED & CALIF. STREET IN ITS PRESENT STATUS. MOTION MADE AND CARRIED THAT COUN- CIL CONCUR WITH P.C. AS SET FORTH IN P.C. RES. #622 AND THAT THIS ZONE EXCEPTION REQUEST BE GRANTED FOR A PERIOD OF 10 YRS. Continued) Continued) BIB] 39597-U01 1961-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO115490-U03 DO117379-U03 C4-U03 MINUTES1-U03 5/21/2008-U04 ROBIN-U04 CITY-U06 COUNCIL-U06 1961 04 17 CC MINHÄ—@¸—BþÍ«144 Regular Meeting of the Baldwin Park City Council This exemption will more than restrore the loss of revenue from exempting drugs and medicines from sales and use taxes; that this bill will be heard April 20, 1961. COUNCILMAN BISHOP MOVED THAT COUNCIL GO ON RECORD AS BEING IN SUPPORT OF AB 1705 AND THAT THE CHIEF ADMINISTRATIVE OFFICER BE INSTRUCTED TO TRANSMIT A LETTER TO THAT EFFECT. COUNCILMAN HOLMES SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. 00- Chief Administrative Officer Asmus requested instruction from Council relative to a Senate Interim Committee on a Transporta- tion bill which would authorize counties to levy a 1% vehicle license fee auto in lieu tax) to be distributed exactly the same as the additional 1% we had asked the State Legislature to levy to help correct county rodd and city street deficiencies; that the tax would be county-wide; that Boards of Supervisors would make the 1% levy and the Department of Motor Vehicles would collect the tax at the same time and in the same manner it now collects the present 2% vehicle license fee; that dis- tribution of the new money to the county levying the tax and to all cities therein would be on the basis of Inside and outside assessed value and then to each city on a population basis; that, under the bill, cities will be expected to adopt resolutions urging the county to impose the tax. Discussion followed. COUNCILMAN BISHOP MOVED THAT COUNCIL GO ON RECORD AS OPPOSING THE LOCAL-OPTION BILL WHICH WOULD AUTHORIZE COUNTIES TO LEVY A 1% VEHICLE LICENSE FEE AUTO IN LIEU TAX). COUNCILMAN HOLMES SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. 00- Chief Administrative Officer Asmus requested instruction from Council relative to an annual in lieu tax on telephone companies, SCA 26, which expressly provides that nothing herein shall ex- empt any telephone company from ad valorem taxes upon property excepting rights of way in, over and upon public and private property; that the 1% gross receipts tax would be in lieu of property taxes on rights of way only; that the amendment re- stores equity by placing telephone companies in the same posi- tion as all other utilities and relieves local taxpayers of the burden they were required to assume when' the courts held the telephone companies exempt from the responsibility of pay- ing the usual franchise taxes for the special privilege of using public streets for the conduct of telephone business. Discussion ensued. April 17, 1961 Page 15 MOTION MADE AND CARRIED THAT COUNCIL GO ON RECORD AS BEING IN SUPPORT OF AB 1705 & THAT C.A.O. BE INSTRUCTED TO TRANSMIT LETTER TO THAT EFFECT. BILL RE AUTO IN LIEU TAX Report by C.A.O. Asmus and request for instruction of Council. MOTION MADE AND CARRIED THAT COUNCIL GO ON RECORD AS OPPOS- ING THE LOCAL- OPTION BILL WHICH WOULD AUTHORIZE COUNTIES TO LEVY A 1% VEHICLE LICENSE FEE AUTO IN LIEU TAX). SCA 26 ANNUAL IN LIEU TAX ON TELEPHONE COM- PANIES Report by C.A. 0. Asmus and request for instruction of- Council. COUNCILMAN BISHOP MOVED THAT COUNCIL GO ON RECORD AS BEING IN MOTION MADE AND SUPPORT OF SCA 26 WHICH WOULD REQUIRE TELEPHONE COMPANIES TO CARRIED THAT PAY LOCAL USE TAXES. COUNCILMAN BLOXHAM SECONDED. There were COUNCIL GO ON no objections, the motion carried and was so ordered by Mayor RECORD AS BEING Cole. IN SUPPORT OF SCA 26. BIB] 39597-U01 1961-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO115490-U03 DO117379-U03 C4-U03 MINUTES1-U03 5/21/2008-U04 ROBIN-U04 CITY-U06 COUNCIL-U06 1961 04 17 CC MINHÄ—@¸—BþÍ«Regular Meeting of the Baldwin Park City Council Chief Administrative Officer Asmus requested instruction from Council relative to SB 1031, Unlimited City Liability for Governmental Activities of Employees, in that cities are now liable for all proprietary activities, for all dangerous and. defective conditions and for the operation of all vehicles; that the great danger in making public agencies liable in the category of governmental activities will be the tendency either to restrict or curtail such essential protective func- tions or to so increase insurance costs so as to require an entirely new approach to insurance protection for public agencies by the State. COUNCILMAN HOLMES MOVED THAT THE CHIEF ADMINISTRATIVE OFFICER BE INSTRUCTED TO TRANSMIT A LETTER SUPPORTING SB 1031 RELEVANT TO UNLIMITED CITY LIABILITY FOR GOVERNMENTAL ACTIVITIES OF EMPLOYEES. COUNCILMAN BLOXHAM SECONDED. There were no ob- jections, the motion carried and was so ordered by Mayor Cole. At the request of Mayor Cole, City Clerk Balkus read a letter from Thomas E. Carpenter as follows: April 17, 1961 Honorable Mayor Lynn H. Cole and Members of the City Council City of Baldwin Park, California 14403 E. Pacific Avenue Baldwin Park, California Dear Mayor and Councilmen: I question the legality of the Baldwin Park Chief Administrative Officer or any other person independently issuing a document that permits any person to violate, act contrary, or vary any of the Baldwin Park City statutes, regulations, requirements, or zoning laws that had originally required a referendum to become valid. I also question the legality of the Baldwin Park City Council joining for extending to anyone the authority to violate or vary the City's said statutes, regulations, re- quirements, or zoning laws. I petition that all individual instances where author- ity to permit acts in violation or variance with the City's said duly established statutes, regulations, requirements, or zoning laws become a matter of public record with due right of public protest. I further petition that all authority now vested in any person or persons to independently issue documents per- mitting any violation or variance of the Baldwin Park City's said statutes, regulations, requirements, or zoning laws be immediately rescinded until the citizens of Baldwin Park be given the opportunity to completely exercise their rights under the law. Sincerely, Thomas E. Carpenter 4346 N. Jerry Avenue Baldwin Park, Calif. April 17, 1961 Page 16 SB 1031 UNLIMITED CITY LIABILITY FOR GOVERNMENTAL ACTIVITIES OF EMPLOYEES re ported by C.A.O. Asmus and instruc- tion requested from Council. MOTION MADE AND CARRIED THAT C.A.O. BE IN- STRUCTED TO TRANSMIT LETTER SUPPORTING SB 1031 RE UNLIMITED CITY LIABILITY FOR GOV. ACTIVI- TIES OF EMPLOYEES. LETTER FROM T.E. CARPENTER. Continued) BIB] 39597-U01 1961-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO115490-U03 DO117379-U03 C4-U03 MINUTES1-U03 5/21/2008-U04 ROBIN-U04 CITY-U06 COUNCIL-U06 1961 04 17 CC MINHÄ—@¸—BþÍ«146 Regular Meeting of the Baldwin Park City Council April 17, 1961 Page 17 Discussion followed wherein it was determined that the letter referenced the matter of Boy Scouts and other groups taking over car washing at the various stations without the benefit of a permit, although the organizations are charitable and non-profit making; that the Issue was made that the majority of stations do not have the facilities for car washing nor the proper drainage for these activities. COUNCIL INSTRUCTED THAT THE LETTER FROM MR. CARPENTER BE TURNED OVER TO THE CITY ATTORNEY FOR FURTHER CHECKING AND A RULING ISSUED. 00- Chief Administrative Officer Asmus presented the matter of a letter that was drafted to be sent to the people regarding the sewer question, and stated that, after discussion with the City Attorney wherein he suggested some alterations in the first paragraph, could be mailed without fear of jeopardizing their contractual arrangement with J. B. Hanauer & Company. Discussion ensued regarding the advisability in mailing this letter before expiration of the contract with J. B. Hanauer & Company; wherein Chief Administrative Officer Asmus clari- fied the Interpretation of the wording of the letter. COUNCILMAN BISHOP MOVED THAT THIS LETTER BE TURNED OVER TO THE CHIEF ADMINISTRATIVE OFFICER AND THE CITY ATTORNEY FOR REVISING AND MAILING. COUNCILMAN BLOXHAM SECONDED. There were no ob- jections, the motion carried and was so ordered by Mayor Cole. Chief Administrative Officer Asmus stated that the mailings of this letter would commence this week. 00- City Clerk Balkus requested permission to bring 2 Resolutions before Council for action, and et.the request of Mayor Cole, City Clerk Balkus read Resolution No. 61-51 In full as follows: RESOLUTION NO. 61-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDNIN PARK DECLAR- ING ITS INTENTION TO VACATE AN ALLEY IN TRACT NO. 11815.IN THE CITY OF BALDWIN PARK" GAUSMAN) The City Council of the City of Baldwin Park does resolve as follows: Section I. That the public interest necessity and welfare require and it is the intention of the City Council of the City of Baldwin Park to vacate that certain alley in the City of Baldwin Park, County of Los Angeles, State of California, described as shown: That certain alley as. shown on and dedicated by Map of Tract No. 11815 recorded in Book 215, pages 6 and 7, of the Map In the Office of the Re- corder of the County of Los Angeles. Section 2. That reference is hereby made to Map No. V-60-7 heretofore adopted by this City Council and on file in the Office of the City Clerk, reference being made thereto for further particulars of the proposed vacation. Section 3. That notice is given that on Monday, the 15th day of May, 1961, at 8:00 P.M., in the Council Chamber of the City Hall, 14403 East Pacific Avenue, in the City of Baldwin Park, any and all persons interested in or objecting LETTER TURNED OVER TO CITY ATTORNEY FOR CHECKING AND RULING. LETTER RE SEWER QUESTION Report by C.A.O. Asmus. MOTION MADE AND CARRIED THAT LET- TER BE TURNED OVER TO C.A.O. & CITY ATTORNEY FOR RE- VISING & MAILING. RES. NO. 61-51 RE DECLARING IN- TENTION TO VACATE AN ALLEY IN TRACT NO. 11815 IN THE CITY OF BALDNIN PARK. Continued) BIB] 39597-U01 1961-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO115490-U03 DO117379-U03 C4-U03 MINUTES1-U03 5/21/2008-U04 ROBIN-U04 CITY-U06 COUNCIL-U06 1961 04 17 CC MINHÄ—@¸—BþÍ«to the proposed vacation of said alley may appear before said City Council and be heard or show cause why said vacation should not be carried out in accordance with this resolution of Intention. Section 4. That the proceedings for said vacation shall be heard and taken over and in accordance with the provisions of the State Vacation Act of 1941". Section 5. That the City Engineer of said City shall cause to be conspicuously posted along the alley proposed to be vacated, notice of street vacation in the time, manner and form required by said act. Section 6. That the City Clerk is directed to publish this Resolution of Intent not later than the 30th day of April, 1961, once in the San Gabriel Valley Daily Tribune. PASSED and ADOPTED this 17th day of April, 1961. ATTEST: /s/ Thelma L. Balkus City Clerk /s/ Lynn H. Cole Mayor Cole COUNCILMAN HOLMES MOVED THAT RESOLUTION NO. 61-51 BE ADOPTED. COUNCILMAN LITTLEJOHN SECONDED. The motion carried by the following vote: AYES: COUNCILMEN HOLMES, LITTLEJOHN, BISHOP, BLOXHAM AND MAYOR COLE NOES: NONE ABSENT: NONE Discussion followed regarding the responsibility of the cost of the vacation proceedings. COUNCILMAN HOLMES MOVED THAT IN THIS PARTICULAR VACATION PRO- CEEDINGS THE PROPERTY OWNERS SHOULD PAY THE COST OF SAID PRO- CEEDINGS, IN THAT THEY WILL BE THE SOLE RECIPIENTS OF THE BENEFITS DERIVED. COUNCILMAN LITTLEJOHN SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. City Clerk Balkus stated that this next resolution was the result of two previous tracts, Tract Nos. 26475 and 25789, wherein a one foot outlot was created; wherein City Engineer Young provided further clarification. At the request of Mayor Cole, City Clerk Balkus read Resolu- tion No. 61-52 in full as follows: RESOLUTION NO. 61-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK OPEN- ING AND DEDICATING LOTS 10 AND II OF TRACT NO. 21493 LOS ANGELES COUNTY FOR PUBLIC STREET PURPOSES" The City Council of the City of Baldwin Park does resolve as follows: Section I. That the City of Baldwin Park is the owner in fee simple of the following described property: Continued) April 17, 1961 Page 18 ADOPTED. MOTION MADE AND CARRIED THAT RE THIS PARTICULAR VACATION PROCEED- INGS THE PROPERTY OWNERS SHOULD PAY THE COST OF SAID PROCEEDINGS. RES. NO. 61-52 RE OPENING & DEDICATING LOTS 10 & 11 OF TRACT 21493 L.A. COUNTY FOR PUBLIC STREET PURPOSES. BIB] 39597-U01 1961-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO115490-U03 DO117379-U03 C4-U03 MINUTES1-U03 5/21/2008-U04 ROBIN-U04 CITY-U06 COUNCIL-U06 1961 04 17 CC MINHÄ—@¸—BþÍ«14 Regular Meeting of the Baldwin Park City Council corded in Book 12 at Page 86 and 87 of Maps, County of Los Angeles, California. Section 2. That said Lots 10 and II of Tract 21493 are one foot wide out-lots bordering upon dedicated city streets in said tract which has been accepted and approved by the City of Baldwin Park and the California Real Estate Commissioner. Section 3. That the streets upon which said out-lots border have now been extended and are in public use and it is now fit- ting, proper and necessary to the public benefit that said Lots 10 and II be opened and dedicated to public use for street pur- poses, and this City Council hereby orders that the said Lots 10 and ii of Tract 21493 be and they hereby are, opened and dedicated for public street purposes. Section 4. That the City Clerk is hereby directed to certify to the passage of this resolution and shall cause a certified copy thereof, attested by her under the seal of the City, to be recorded in the Office of the County Recorder, Los Angeles County, California. ADOPTED this 17th day of April, 1961. /s/ Lynn H. Cole Mayor ATTEST: /s/ Thelma L. Balkus THELMA L. BALKUS, CITY CLERK COUNCILMAN BISHOP MOVED THAT RESOLUTION NO. 61-52 BE ADOPTED. COUNCILMAN HOLMES SECONDED. The motion carried by the fol- lowing vote: AYES: COUNCILMEN BISHOP, HOLMES, BLOXHAM, LITTLEJOHN AND MAYOR COLE NOES: NONE ABSENT: NONE 00- At the request of Mayor Cole, City Clerk Balkus read Resolu- tion No. 61-48 by title as follows: RESOLUTION NO. 61-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALONIN PARK.ALLON- ING PAYROLL CLAIMS AND DEMANDS NUMBERS 13880 THROUGH 13966 INCLUSIVE" COUNCILMAN' LITTLEJOHN MOVED THAT RESOLUTION NO..61-48 BE ADOPTED. COUNCILMAN HOLMES SECONDED. The motion carried by the following vote: AYES: COUNCILMEN LITTLEJOHN, HOLMES, BISHOP, BLOXHAM AND MAYOR COLE NOES: NONE ABSENT: NONE 00- At the request of Mayor Cole, City Clerk Balkus read Resolu- tion No. 61-49 by title as follows: Continued) April 17, 1961 Page 19 ADOPTED. RES. NO. 61-48 RE ALLONING PAY- ROLL CLAIMS & DEMANDS NOS. 13880 THRU 13966 INCLUSIVE. ADOPTED. RES. NO. 61-49 RE ALLONING CER- TAIN CLAIMS AND DEMANDS NOS. 10349 THRU 10400 INCLUSIVE. BIB] 39597-U01 1961-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO115490-U03 DO117379-U03 C4-U03 MINUTES1-U03 5/21/2008-U04 ROBIN-U04 CITY-U06 COUNCIL-U06 1961 04 17 CC MINHÄ—@¸—BþÍ«Regular Meeting of the Baldwin Park City Council RESOLUTION NO. 61-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDNIN PARK ALLON- I NG CERTAIN CLAIMS AND DEMANDS, NUMBERS 10349 THROUGH 10400 INCLUSIVE" Discussion followed. COUNCILMAN LITTLEJOHN MOVED THAT RESOLUTION NO. 61-49 BE ADOPTED. COUNCILMAN BLOXHAM SECONDED. The motion carried by the following vote: AYES: COUNCILMEN LITTLEJOHN, BLOXHAM, BISHOP, HOLMES, AND MAYOR COLE NOES: NONE ABSENT: NONE Chief Administrative Officer Asmus stated that the bids on air conditioning will be opened on Friday, April 21, 1961, at 3:00 p.m. and wondered if Council could meet in adjourned session shortly thereafter. Discussion ensued wherein Councilman Holmes stated that he would not be able to attend a noon session due to work com- mitments. AT 1:00 A.M. COUNCILMAN BLOXHAM MOVED THAT COUNCIL ADJOURN TO MONDAY, APRIL 24, 1961, AT ELEVEN O'CLOCK A.M. IN THE COUNCIL CHAMBER OF THE CITY HALL. COUNCILMAN BISHOP SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. April 17, 1961 Page 20 ADOPTED. BIDS RE AIR CONDITIONING. ADJOURNMENT AT 1:00 A.M. TO MONDAY, APRIL 24, 1961, AT 11:00 A.M. IN COUNCIL CHAMBER OF CITY HALL. THELMA L. BALKUS, CITY CLERK BIB] 39597-U01 1961-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO115490-U03 DO117379-U03 C4-U03 MINUTES1-U03 5/21/2008-U04 ROBIN-U04 CITY-U06 COUNCIL-U06 1961 04 17 CC MINHÄ—@¸—BþÍ«REGULAR MEETING OF THE BALDNIN PARK CITY COUNCIL APRIL 17, 1961 CITY HALL COUNCIL CHAMBERS) 14403 East Pacific Avenue The City Council of the City of Baldwin Park met in regular session at the above place at 7:30 p.m. Councilman Bishop led the salute to the flag. FLAG SALUTE The invocation was given by Reverend Burl J. Rodgers of the INVOCATION First Assembly of God Church. Roll Call: Present: COUNCILMEN BISHOP, BLOXHAM, HOLMES, LITTLEJOHN AND MAYOR COLE ROLL CALL Absent: CITY TREASURER PUGH Also Present: CHIEF ADMINISTRATIVE OFFICER ASMUS, CITY ATTORNEY SAUNDERS, CITY ENGINEER YOUNG, PLANNING DIRECTOR MANSFIELD AND CITY CLERK BALKUS AT 1:00 A.M. COUNCILMAN BLOXHAM MOVED THAT COUNCIL ADJOURN TO ADJOURNMENT TO MONDAY, APRIL 24, 1961, AT ELEVEN O'CLOCK A.M. IN THE COUNCIL MONDAY, APRIL 24, CHAMBERS OF THE CITY HALL. COUNCILMAN BISHOP SECONDED. There 1961, AT 11:00 A.M. were no objections, the motion carried and was so ordered by IN THE COUNCIL Mayor Cole. CHAMBERS OF CITY HALL DATED: APRIL 18, 1961 BIB] 39597-U01 1961-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO115490-U03 DO117379-U03 C4-U03 MINUTES1-U03 5/21/2008-U04 ROBIN-U04 CITY-U06 COUNCIL-U06 1961 04 17 CC MINHÄ—@¸—BþÍ«STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: AFFIDAVIT OF POSTING NOTICE CITY OF BALDN I N PARK OF ADJOURNMENT OF MEETING THELMA L. BALKUS, being first duly sworn, deposes and says: that I am the duly chosen, qualified and acting City Clerk of the City Council of the City of Baldwin Park; that at the Regular Meeting of the City Council of the City of Baldwin Park held April 17. 1961 said meeting was ordered adjourned to the time and place specified in the Notice of the adjournment ATTACHED HERETO; that on April 18, 1961, at the hour of 9:00 o'clock a.m., I posted a copy of said Notice at a conspicuous place on or near the door of the place at which said meeting of April 17. 1961, was held. Thelma L. Balkus, City Clerk Subscribed and sworn to before me this 18th day of April 1961. Notary Public in and for said County and State FRED W. RAAB, JR. BIB] 39597-U01 1961-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO115490-U03 DO117379-U03 C4-U03 MINUTES1-U03 5/21/2008-U04 ROBIN-U04 CITY-U06 COUNCIL-U06 Í«142 Regular Meeting of the Baldwin Park City Council COUNCILMAN HOLMES MOVED THAT HARRY DRUMBEATER, CIVIL ENGINEER- ING ASSISTANT, BE AUTHORIZED TO ATTEND THE INSTITUTE OF TRANS- PORTATION AND TRAFFIC ENGINEERING FROM JUNE 12 THROUGH JUNE 16, 1961, AND THAT AN AMOUNT NOT TO EXCEED $154.95 BE ALLOCATED. COUNCILMAN BLOXHAM SECONDED. The motion carried by the follow- ing vote: AYES: COUNCILMEN HOLMES,'BLOXHAM, LITTLEJOHN AND MAYOR COLE NOES: COUNCILMAN BISHOP ABSENT: NONE 00- City Engineer Young presented Final Map, Tract 26447, being located east of Merced Avenue between Big Dalton And Puente Avenues, Titan Company, Subdividers. He reported that this tract Is within the Baldwin Park Lighting District; that the owners have deposited $3,900.00 for Inspection fees, street lights, trees and street signs; that the Final Map Is In sub- stantial accordance with the tentative maps submitted and ap- proved by the Planing Commission. Discussion ensued wherein Mr. Frank Halterman, representative of the Titan Company offered further elaboration on the prop- erties involved. COUNCILMAN HOLMES MOVED THAT FINAL MAP, TRACT 26447 BE AP- PROVED, AND THE PROPER CITY OFFICIALS BE AUTHORIZED TO S101. COUNCILMAN BISHOP SECONDED. The motion carried by the fol- lowing vote: AYES: COUNCILMEN HOLMES, BISHOP, BLOXHAM, LITTLEJOHN AND MAYOR COLE NOES: NONE ABSENT: NONE Councilman Bishop suggested that, hereafter, the Engineering Department matters be taken earlier on the Agenda. 00- COUNCILMAN LITTLEJOHN MOVED THAT THE TREASURER'S REPORT, AS OF MARCH 31, 1961, BE RECEIVED AND-FILED. COUNCILMAN BISHOP SECONDED. There were no objections, the motion carried and was so ordered by Mayor Cole. 00- At the request of Mayor Cole, City Clerk Balkus read Ordinance No. 178 by title as follows: ORDINANCE NO. 178 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDNIN PARK AMENDING THE ZONING MAP OF THE CITY TO,CHAN,GE THE ZONING OF PROPERTY ON THE SOUTH SIDE OF CLARK STREET BETWEEN LANDIS AVENUE AND MAINE AVENUE FROM.R-I TO R-3, ZONE CASE NO. Z-84" COUNCILMAN HOLMES MOVED THAT FURTHER READING BE WAIVED ON ORDINANCE NO. 178, AND THAT IT PASS SECOND READING AND BE ADOPTED. COUNCILMAN BISHOP SECONDED. The motion carried by the following vote: Continued) April 17, 1961 Page 12 MOTION MADE AND CARRIED THAT HARRY DRUMBEATER CIVIL ENG. ASST. BE AUTHORIZED TO ATTEND THE IN- STITUTE OF TRANS- PORTATION & TRAF- FIC ENGINEERING FROM JUNE 12th JUNE 16th, 1961. AND THAT AN AMT. NOT TO EXCEED $154.95 BE ALLOCA- TED. FINAL MAP TRACT 26447 East of Merced Avenue between Big Dalton & Puente Avenues Titan Company, Sub- dividers. APPROVED AND THE PROPER CITY OF- FICIALS AUTHOR- IZED TO SIGN. SUGGESTION RE TAKING ENGR'G DEPT. MATTERS EARLIER ON THE AGENDA. TREASURER'S RE- PORT AS OF MARCH 31, 1961 RECEIVED AND FILED. ORD. NO. 178 RE AMENDING ZON- ING MAP OF CITY TO CHANGE ZONING OF PROPERTY ON SOUTH SIDE OF CLARK ST. BETWEEN LANDIS & MAINE AVE. FROM R-I TO R-3, Z-84. FURTHER READING WAIVED, PASSED SECOND READING & ADOPTED. i BIB] 39597-U01 1961-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO115490-U03 DO117379-U03 C4-U03 MINUTES1-U03 5/21/2008-U04 ROBIN-U04 CITY-U06 COUNCIL-U06