HomeMy WebLinkAbout1961 09 05 CC MIN1961 09 05 CC MIN HÄ—@¸— C çÍ«REGULAR MEETING OF THE BALDNIN PARK CITY COUNCIL SEPTEMBER 5, 1961
CITY HALL COUNCIL CHAMBER) 14403 East Pacific Avenue 7:30 P.M.
The City Council of the City of Baldwin Park met in regular
session at the above place at 7:30 p.m.
Councilman Cole led the salute to the flag. FLAG SALUTE
RolI Ca II: Present: COUNCILMEN BLOXHAM, COLE,
HOLMES, LITTLEJOHN AND
MAYOR BISHOP
Absent: CITY TREASURER PUGH
Also Present: CHIEF ADMINISTRATIVE OFFICER
ASMUS, CITY ATTORNEY SAUNDERS,
PLANNING DIRECTOR MANSFIELD
AND CITY CLERK BALKUS
00-
ROLL CALL
COUNCILMAN HOLMES MOVED THAT THE MINUTES OF JULY 12, 1961 MINUTES OF JULY 12,
BE APPROVED WITH FURTHER READING WAIVED. COUNCILMAN LITTLE- 1961 APPROVED WITH
JOHN SECONDED. There were no objections, the motion carried FURTHER READING
and was so ordered by Mayor Bishop. WAIVED.
00-
As Mr. Gibson was not present, at this time, to speak as a AGENDA CONTINUED
representative of the Baldwin Park Citizen's Committee, the MR. GIBSON NOT IN
Agenda was continued, with his oral communication to be taken AUDIENCE.
later.
00-
City Clerk Balkus presented a letter from Miss Elise Riemer
regarding the appointment of a Chief of Police. Mayor
Bishop stated that all members of Council have read the
letter and instructed that it be received and filed.
00-
Mayor Bishop reported that the Herald-Express had contacted
members of Council regarding an article being run on the
City of Baldwin Park, together with pictures, and that it
would appear in Friday's paper, September 8, 1961.
00-
At the request of Mayor Bishop, Councilman Holmes agreed to
continue serving on the East San Gabriel Valley Planning
Committee for the rest of this year, and Councilman Bloxham
agreed to serve as Alternate.
00-
LETTER FROM MISS
ELISE RIEMER Re
appointment of
Chief of Police
RECEIVED & FILED.
REPORT BY MAYOR
BISHOP RE ARTICLE
ON CITY OF B.PK.
BY HERALD-EXPRESS.
APPOINTMENT OF
COUNCILMAN HOLMES
TO SERVE ON EAST
S.G.V. PLANNING
COMMITTEE FOR REST
OF THIS YEAR WITH
COUNCILMAN BLOXHAM
SERVING AS ALTERNATE.
Chief Administrative Officer Asmus presented a report from REPORT BY C.A.O.
the Traffic Engineering Division regarding a traffic study RE TRAFFIC STUDY
at the intersection of Baldwin Park Boulevard and Dalewood AT INTERSECTION OF
Avenue in which recommendation was made that traffic speed B.PK. BLVD. & DALE-
should be regulated along Baldwin Park Boulevard to a maxi- WOOD AVENUE.
mum of 35 miles per hour, with speed limit signs being posted
a) on the west side of Baldwin Park Boulevard at the inter-
section of Tracy Street for control of the southbound traffic
b) on the east side of Baldwin Park Boulevard at the south
City limits to control the northbound traffic. It was further
recommended that after the establishment and posting of the new
speed limit, that the Police Department be instructed to concen-
trate on speed limit enforcement In this area until the motor-
ist become familiar with the new limitation. Continued)
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1961 09 05 CC MIN HÄ—@¸— C çÍ«342
Regular Meeting of the Baldwin Park City Council September 5, 1961
Page 2
Discussion followed.
COUNCILMAN HOLMES MOVED THAT THE CITY ATTORNEY BE INSTRUCTED MOTION MADE AND
TO PREPARE THE NECESSARY RESOLUTION POSTING 35 MILES PER
HOUR SPEED REGULATION SIGNS AT THE-INTERSECTION OF BALDNIN
PARK BOULEVARD AND EAST DALEWOOD, AND THAT WARNING SIGNS BE
INSTALLED APPROACHING THIS INTERSECTION. COUNCILMAN COLE
SECONDED. The motion carried by the following vote:
AYES: COUNCILMEN HOLMES, COLE,
BLOXHAM, LITTLEJOHN AND
MAYOR BISHOP
NOES: NONE
ABSENT: NONE
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Planning Director Mansfield presented Lot Split No. 311,
Planning Commission Resolution No. 633, Ralph 0. and Mary
A. Roberts, 13419 and 134191 East Foster, Baldwin Park,
Applicants; Lot Split No. 378, Planning Commission Resolu-
tion No, 740, John T. and Virginia V. Kenney, 14843 Olive
Street, Baldwin Park, Applicants; and Lot Split No. 381,
Planning Commission Resolution No. 742, Theodore and Jean
A. Moller, 4664 Walnut Street, Baldwin Park, Applicants.
He stated that all of the requested lot splits had normal
findings and the Planning Commission had recommended ap-
proval of each lot split subject to the findings in the
respective Planning Commission Resolutions.
Discussion followed.
COUNCILMAN COLE MOVED THAT THE CITY COUNCIL CONCUR WITH
THE FINDINGS OF THE PLANNING COMMISSION AND THAT LOT SPLIT
NUMBERS 311, 378 AND 381, PLANNING COMMISSION RESOLUTION
NUMBERS 633, 740 AND 742 BE APPROVED. COUNCILMAN HOLMES
SECONDED. The motion carried by the following vote:
AYES: COUNCILMEN COLE, HOLMES,
BLOXHAM, LITTLEJOHN AND
MAYOR BISHOP
NOES: NONE
ABSENT: NONE
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Planning Director Mansfield presented Planning Commission
Resolution No. 734 regarding the'changing the names of
certain streets as set forth In Section 2, Items A through
F, of said- resolution.
At this time City Clerk Balkus administered the oath to
those desiring to speak before Council.
Mr. A. W. Eldred, 4444 North Maxson Road, El Monte, and
Mr.. Nick Sharp of Selected Homes, 829 South San Gabriel
Boulevard, San Gabriel, spoke in reference to suggestions
made regarding some deletions required in a lot split
thaat has not,, as yet, come before Council.
Planning Director Mansfield offered explanation of the
case, and City Attorney Saunders stated that, if the
applicant cannot get satisfaction in the matter with
the Planning Commission, then he sould request to be
on the next Agenda of the City Council, which request
must be in the office of the City Clerk by noon of the
Wednesday preceding the meeting, namely, the 13th of
September.
CARRIED THAT CITY
ATTY BE INSTRUCTED
TO PREPARE NECES-
SARY RES. POSTING
35 M.P.H. SPEED
REGULATION SIGNS AT
INTERSECTION OF
B.PK. BLVD. & E.
DALEWOOD, & THAT
WARNING SIGNS BE
INSTALLED APPROACH-
ING THIS INTER-
SECTION.
LOT SPLIT NO. 311,
P.C. RES. # 633
R.O. & M.A. Roberts
LOT SPLIT NO. 378,
P.C. RES. # 740
J.T. & V.V. Kenney
LOT SPLIT NO. 381,
P.C. RES. # 742
T. & J.A. Moller
APPROVED.
P.C. RES. #734
RE- CHANGING NAMES
OF CERTAIN STREETS.
OATH ADMINISTERED
BY CITY CLERK
BALKUS.
MESSRS. A.W. ELDRED
& NICK SHARP Re
Lot split not heard
as yet before Coun-
cil.
Continued)
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1961 09 05 CC MIN HÄ—@¸— C çÍ«313
Regular Meeting of the Baldwin Park City Council
COUNCILMAN HOLMES MOVED THAT PLANNING COMMISSION RESOLU-
TION NO. 734 BE APPROVED. COUNCILMAN COLE SECONDED. The
motion carried by the following vote:
AYES: COUNCILMEN HOLMES, COLE,
BLOXHAM, LITTLEJOHN AND
MAYOR BISHOP
NOES: NONE
ABSENT: NONE
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Mayor Bishop announced that It was 8:00 o'clock p.m. and
the time and place for public hearing on Resolution No.
61-125 Ordering the Vacation of a Portion of Monterey Ave-
nue and Frazier Street in the City of Baldwin Park.
Mayor Bishop asked if there was anyone in the audience de-
siring to speak in behalf of or in opposition to Resolution
No. 61-125, and as no one wished to do so, declared the
public hearing closed.
Chief Administrative Officer Asmus stated, as a matter of
re-establishment of the procedures preceding this resolu-
tion, that the data had been offered at a previous meeting
along with the adoption of the resolution of intent to
vacate, and located the area on the map on the wall for
benefit of Council.
September 5, 1961
Page 3
P.C. RES. #734
APPROVED.
PUBLIC HEARING
8:00 P.M.
RE RES. NO. 61-125
ORDERING VACATION
OF PORTION OF MON-
TEREY AVE. &
FRAZIER.
HEARING DECLARED
CLOSED.
COUNCILMAN COLE MOVED THAT RESOLUTION NO. 61-125 BE ADOPTED. RES. NO. 61-125
COUNCILMAN BLOXHAM SECONDED. The motion carried by the fol- ADOPTED.
lowing vote:
AYES: COUNCILMEN COLE, BLOXHAM,
HOLMES AND MAYOR BISHOP
NOES: NONE
ABSTAINED: COUNCILMAN LITTLEJOHN
ABSENT: NONE
Councilman Littlejohn explained that his abstention from Explanation by
voting was due to his being absent at the time the resolution Councilman Little-
of intent to vacate was presented and adopted. John re abstention
from voting.
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i
Planning Director Mansfield presented Planning Commission P.C. RES. #739
Resolution No. 739 regarding a request for a Special Use Re request for
Permit for auto wrecking yard at 5056 North Merced Avenue, Special Use Permit
Dennis N. Irving, Case No. Z-86. He stated that although for auto wrecking
the Planning Commission had given much thought to this re- yard at 5056 N.
quest, their recommendation was that of denial, and presented Merced Ave., Dennis
a brief resume of the findings of the Planning Commission, N. Irving, Case No.
locating the area on the map on the wall for benefit of Z-86.
Council.
Considerable discussion followed relevant to the matter of
ingress and egress; the matter of erection of a wall to en-
compass the property; the matter of'the objections of the
Fire Department; wherein Mr. Marshall Hadley, attorney for
the applicant, answered queries of Council and stated that
all the conditions required by the Fire Department can be
met by his client; wherein the opinion was expressed that
the Planning Commission should devote further study to the
matter.
Continued)
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1961 09 05 CC MIN HÄ—@¸— C çÍ«344
Regular Meeting of the Baldwin Park City Council
COUNCILMAN BLOXHAM MOVED THAT ZONE CASE Z-86 BE SENT BACK
TO THE PLANNING COMMISSIOIJ FOR FURTHER STUDY, SETTING FORTH
ANYTHING THAT THE APPLICANT WILL NOT AGREE TO DO RELEVANT
TO THE REQUIREMENTS OF BOTH THE PLANNING COMMISSION AND THE
FIRE DEPARTMENT, AND THAT SAID STATEMENT BE IN WRITING.
COUNCILMAN LITTLEJOHN SECONDED. The motion carried by the
following vote:
AYES: COUNCILMEN BLOXHAM, LITTLE-
JOHN, COLE, HOLMES AND
MAYOR BISHOP
NOES: NONE
ABSENT: NONE
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City Attorney Saunders suggested that members of Council
read, for future reference, the material he distributed
them regarding legislation that has recently been passed.
00-
City Clerk Balkus presented an Application for Transfer of
Alcoholic Beverage License, being: Amador and Nellie Rubio,
14412 Olive Street, Baldwin Park, and an Application for
Alcoholic Beverage License, being: Dell and Irma Van Roby,
Irma's French Dip", 13726 East Ramona Boulevard, Baldwin
Park.
Mayor Bishop stated that this was a matter of information
only and that no action was required.
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September 5, 1961
Page 4
MOTION MADE AND
CARRIED THAT ZONE
CASE Z-86 BE SENT
BACK TO P.C. FOR
FURTHER STUDY, SET-
TING FORTH ANYTHING
THAT APPLICANT WILL
NOT AGREE TO DO RE
REQUIREMENTS OF BOTH
P.C. & FIRE DEPT.,
& THAT SAID STATE-
MENT BE IN WRITING.
DATA RE LEGISLATION
RECENTLY PASSED
DISTRIBUTED TO COUN-
CIL BY CITY ATTY.
I) APPLICATION FOR
TRANSFER OF ALCOHOL-
IC BEVERAGE LICENSE
I) A'PL ICAT ION FOR
BEVERAGE LICENSE
RECEIVED & FILED.
City Clerk Balkus presented Resolution No. 61-126 Declaring RES. NO. 61-126
Intention to Vacate Portions of Benham Avenue in the City RE DECLARING INTENT
of Baldwin Park, and explained that this vacation Is needed TO VACATE PORTIONS
in order that the tentative map of,Tract 26737 can be approved,OF BENHAM AVE. IN
and when the final map comes before Council for approval, CITY OF B.PK.
then it and the resolution ordering the vacation can be
handled.
Discussion followed.
At the request of Mayor Bishop, City Clerk Balkus read Res-
olution No. 61-126 by title as follows:
RESOLUTION NO. 61-126
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BALDNIN PARK DECLAR-
ING ITS INTENTION TO VACATE PORTIONS
OF BENHAM AVENUE IN THE CITY OF
BALDNIN PARK"
COUNCILMAN HOLMES MOVED THAT RESOLUTION NO. 61-126 BE ADOPTED.
ADOPTED. COUNCILMAN BLOXHAM SECONDED. The motion
carried by the following vote:
AYES: COUNCILMEN HOLMES, BLOXHAM,
COLE, LITTLEJOHN AND MAYOR
BISHOP
NOES: NONE
ABSENT: NONE
00-
City Clerk Balkus presented and read a letter of resignation
from Mr. Elmer Cook, Planning Commissioner, as follows:
LETTER OF RESIGNA-
TION FROM ELMER
COOK, PLANNING
COMMISSIONER.
Continued)
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1961 09 05 CC MIN HÄ—@¸— C çÍ«345
Regular Meeting of the Baldwin Park City Council September 5, 1961
Page 5
4219 N. Filhurst Ave.,
Baldwin Park, Calif.
August 31, 1961
Mayor and City Council,
City of Baldwin Park,
Baldwin Park, Calif.
Gentlemen:
Due to the state of my health and other personal reasons I feel it
necessary to tender my resignation as a member of the Planning
Commission of Baldwin Park, effective this date.
While I have enjoyed my service on this Commission, I feel it to be
in the best interests of all concerned that I terminate my service at
this time.
Sincerely,
Elmer Cook
cc to
Chairman,
Planning Comm.
Members of Council expressed regret that Mr. Cook's health EXPRESSION OF RE-
necessitated this action, and commended him for his conscien- GRET & COMMENDATION
tiousness in civic affairs over a number of years. BY COUNCIL.
COUNCILMAN HOLMES MOVED THAT THE LETTER OF RESIGNATION OF
ELMER COOK BE ACCEPTED AND THAT THE CITY ATTORNEY BE IN-
STRUCTED TO PREPARE A RESOLUTION OF COMMENDATION FOR HIS
SERVICE TO THE CITY AS PLANNING COMMISSIONER. COUNCILMAN
LITTLEJOHN SECONDED. The motion carried by the following
vote:
AYES: COUNCILMEN HOLMES, LITTLE-
JOHN, BLOXHAM, COLE AND
MAYOR BISHOP
NOES: NONE
ABSENT: NONE
Mayor Bishop requested that members of Council ponder the
matter of appointment of someone to this position in order
that action can be taken at their next regular meeting.
00-
MOTION MADE AND
CARRIED THAT LETTER
OF RESIGNATION OF
ELMER COOK BE AC-
CEPTED & THAT CITY
ATTY BE INSTRUCTED
TO PREPARE RES. OF
COMMENDATION FOR
HIS SERVICE TO THE
CITY AS PLANNING
COMMISSIONER.
REQUEST BY MAYOR
BISHOP RE APPOINT-
MENT TO FILL THIS
VACANCY.
Chief Administrative Officer Asmus presented a request to REQUEST TO SET DATE
set a date to call for bids on a Brush Chipping Machine for TO CALL FOR BIDS
the Street, Trees and Parkway Division of Public Works. He ON PURCHASE OF
stated that the purchase of this machine would materially BRUSH CHIPPING
improve the operations of the Tree Crew and result in actual MACHINE.
savings of money on dump charges; that this item was in-
cluded in the 1961-62 Budget appropriations at an estimated Report and recom-
cost of $4,000.00; wherein he recommended that Council direct mendations by CAO.
the City Clerk to post and publish a Notice Inviting Sealed
Proposals or Bids for the purchase of one Brush Chipping
Machine, said bids to be received by 1:00 o'clock p.m. Wed-
nesday, September 20, 1961, and publicly opened at 1:30
o'clock p.m. of the same day.
Discussion followed relative to the specification require-
ments.
COUNCILMAN LITTLEJOHN MOVED THAT THE ITEM OF A BRUSH CHIP-
PING MACHINE BE PUT OUT TO BID, BUT THAT CONSIDERATION BE
GIVEN TO A 12 VOLT SYSTEM, AND THAT BIDS BE RECEIVED UP TO
1:00 P.M., SEPTEMBER 20, 1961, IN THE OFFICE OF THE C-ITY
CLERK, AND PUBLICLY OPENED AT 1:30 P.M., SEPTEMBER 20,
1961. COUNCILMAN BLOXHAM SECONDED. The motion carried by
Continued)
MOTION MADE AND
CARRIED THAT ITEM
OF BRUSH CHIPPING
MACHINE BE PUT OUT
TO BID BUT THAT
CONSIDERATION BE
Continued)
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1961 09 05 CC MIN HÄ—@¸— C çÍ«343
Regular Meeting of the Baldwin Park City Council
the following vote:
AYES: COUNCILMEN LITTLEJOHN, BLOXHAM,
COLE, HOLMES AND MAYOR BISHOP
NOES: NONE
ABSENT: NONE
00-
Chief Administrative Officer Asmus presented a request for
an allocation of funds for the remodeling of the Civil De-
fense facilities. He stated that the total cost for this
renovation is $2,058.00, said figure being the lowest cost
submitted from three general contractors who had been con-
tacted, and recommended favorable action on this request
as the facilities, as presently existent, are not adequate.
Discussion followed wherein it was stated that the amount
of $2,400.00 was origina~,ly in the Budget for this depart-
ment.
COUNCILMAN HOLMES MOVED THAT AN AMOUNT, NOT TO EXCEED
$2,400.00, BE ALLOCATED FOR THE REMODELING OF THE CIVIL
DEFENSE FACILITIES. COUNCILMAN LITTLEJOHN SECONDED. The
motion carried by the following vote:
AYES: COUNCILMEN HOLMES, LITTLE-
JOHN, BLOXHAM, COLE AND
MAYOR BISHOP
NOES: NONE
ABSENT: NONE
September 5, 1961
Page 6
GIVEN TO A 12 VOLT
SYSTEM & THAT BIDS
BE RECEIVED UP TO
I P.M. SEPT. 20,
1961 IN THE OFFICE
OF CITY CLERK & PUB-
LICLY OPENED AT 1:30
P.M. SEPT. 20, 1961.
REQUEST FOR ALLOCA-
TION OF FUNDS..FOR
REMODELING OF CIVIL
DEFENSE FACILITIES.
Report and recommen-
dation by C.A.O.
MOTION MADE AND
CARRIED THAT AN
AMT. NOT TO EXCEED
$2,400.00 BE ALLO-
CATED FOR REMODEL-
ING OF C.F. FACILI-
TIES.
00-
Chief Administrative Officer Asmus presented a report and REPORT & RECOMMENDA-
recomaendation regarding the award of bids to furnish window TION RE AWARD OF
type, refrigerated air conditioning units for the Main Floor BIDS TO FURNISH WIN-
of the City Hall building. He recommended that Council accept DON TYPE REFRIGERA-
the bid of Allen Air Conditioning, Inc. to furnish and install TION AIR CONDITION-
21 refrigerated air conditioning units and 4 exhaust fans in ING UNITS FOR MAIN
accordance with the conditions,plans, and specifications con- FLOOR OF CITY HALL.
tained in their bid proposal, at a cost of $6,105.84, less
the applicable Federal Excise Tax which will be refunded to the
City. He stated that 4 companies submitted bids, but 2 of
the bids were declared invalid because they did not comply
with requirements set forth in the call for bids; that Allen
Air Conditioning, Inc. submitted the lowest responsible bid;
that the quality, guarantee and standards of the units pro-
posed by Allen Air Conditioning, Inc. meets the specifications
and requirements stipulated in the call for bids; that Allen
Air Conditioning, Inc. Is an authorized factory service depot
for the products proposed and consequently carry a complete
line of parts in stock, thus insuring prompt and efficient serv-
ice and maintenance; that the bids ranged from a high of
$9,000.00 to a low of $5,925.92.
Considerable discussion ensued.
COUNCILMAN HOLMES MOVED THAT A SATISFACTORY AIR CONDI-
TIONING SYSTEM BE COMPLETED IN THE COUNCIL CHAMBER BE-
FORE THE INSTALLATION OF THE ENTIRE 21 UNITS IS ALLOCATED.
COUNCILMAN LITTLEJOHN SECONDED. The motion failed to
carry by the following vote:
AYES: COUNCILMEN HOLMES AND LITTLE-
JOHN
NOES: COUNCILMEN BLOXHAM, COLE AND
MAYOR BISHOP
ABSENT: NONE
MOTION MADE AND
FAILED TO CARRY
THAT A SATISFACTORY
AIR CONDITIONING
SYSTEM BE COMPLETED
IN COUNCIL CHAMBER
BEFORE INSTALLATION
OF ENTIRE 21 UNITS
IS ALLOCATED.
Continued)
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1961 09 05 CC MIN HÄ—@¸— C çÍ«347
Regular Meeting of the Baldwin Park City Council
Discussion continued wherein expressions were made opposing
any further delay in the installation of an air conitioning
system.
COUNCILMAN BLOXHAM MOVED THAT COUNCIL CONCUR WITH THE REC-
OMMENDATION OF THE CHIEF ADMINISTRATIVE OFFICER AND APPROVE
THE AMOUNT OF $6,105.84 FOR THE INSTALLATION OF REFRIGERATED
AIR CONDITIONING UNITS. COUNCILMAN COLE SECONDED. The
motion carried by the following vote:
AYES: COUNCILMEN BLOXHAM, COLE,
AND MAYOR BISHOP
NOES: COUNCILMEN HOLMES AND
LITTLEJOHN
ABSENT: NONE
00-
Chief Administrative Officer Asmus presented a request for
an allocation of funds to install an electrical system to
handle air conditioning units for the City Hall building.
He stated that an expenditure, not to exceed $1, 500.00, was
needed to cover the cost of installing an adequate elect-
rical system to provide energy for the air conditioning of
both the City Hall main floor and the Police Department;
that the proposed air conditioning units require 220 volts
for maximum efficiency and the existing electrical system
in the building does not have sufficient capacity to carry
the added load; that the work to be performed includes the
installation of a single phase 220 volt electrical panel
and the necessary wiring to accommodate the units that are
proposed; that various electrical contractors have indicated
that the complete job would not exceed $1,500.00.
Discussion ensued.
September 5, 1961
Page7
MOTION MADE AND
CARRIED THAT COUN-
CIL CONCUR WITH
RECOMMENDATION OF
C.A.O. & APPROVE
AMT. OF $6,105.84
FOR INSTALLATION OF
REFRIGERATED AIR
CONDITIONING UNITS.
REQUEST FOR AN
ALLOCATION OF FUNDS
TO INSTALL ELECT-
RICAL SYSTEM TO
HANDLE AIR CONDI-
TIONING UNITS FOR
CITY HALL MAIN
FLOOR & POLICE DEPT.
Recommendation by
C.A.O. Asmus.
COUNCILMAN COLE MOVED THAT AN AMOUNT, NOT TO EXCEED $1,500.00, MOTION MADE AND
BE ALLOCATED FOR THE INSTALLATION OF AN ELECTRICAL SYSTEM TO CARRIED THAT AN AMT.
HANDLE THE AIR CONDITIONING UNITS. COUNCILMAN BLOXHAM SEC- NOT TO EXCEED
ONDED. The motion carried by the following vote: $1,500.00 BE ALLO-
CATED FOR INSTALLA-
AYES: COUNCILMEN COLE, BLOXHAM, TION OF AN ELECTRI-
LITTLEJOHN AND MAYOR BISHOP CAL SYSTEM TO HAND-
NOES: COUNCILMAN HOLMES LE THE AIR CONDI-
ABSENT: NONE TION ING UNITS.
00-
City Attorney Saunders presented and read an opinion re- OPINION BY CITY
garding the issuance of dance hall permits, as follows: ATTY RE ISSUANCE OF
DANCE HALL PERMITS.
September 5, 1961
Honorable City Council
City of Baldwin Park
Gentlemen:
This office has been consulted recently by both the Chief of Police
and Chief Administrative Officer pertaining to City Ordinances con-
trolling the issuance of permits for public dances. I have reviewed
the ordinances and given them considerable thought and evaluation.
In my opinion the provision in the ordinances which requires a
public dancing place to be a bona fide eating place in order to ob-
tain a permit, which bona fide eating place must hold an on sale
Continued)
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1961 09 05 CC MIN HÄ—@¸— C çÍ«348
Regular Meeting of the Baldwin Park City Council September 5, 1961
Page 8
general license", is unconstitutional, because it is un-
reasonable and discriminatory. The sale of alcoholic bev-
erage and the holding of public dances are both recognized
as proper business activities from a legal point of view.
Although either actually can easily fall into the sphere
of public nuisances, nevertheless neither are public nui-
sances per se.
Although I,am aware that when the ordinances were adopted
certain desired ends were sought to be achieved, neverthe-
less I must point out that in my opinion the method used
is not constitutional. This same opinion was rendered to
the City Council on December 31, 1958 and again on January
29, 1.959 by the former City Attorney. Although I am in
agreement with his conviction as to the constitutionality
of the ordinances in the respect above mentioned, I do not
feel that the ordinance can be disregarded; I feel it must
be adhered to until declared unconstitutional by a court
of competent authority.
However, it must be further pointed out that the unconstitu-
tionality of this ordinance is clear and has been called to
the attention of this body several times in the past. I feel
this Council must take some action to correct the ordinance
since, if challenged, legally it could not rely upon a de-
fense that it acted reasonably under the circumstances,
particularly in view of the fact that the unconstitutionality
has been pointed out for over a period of two and one-half
years.
I strongly urge this Counci°I to take immediate action to
amend the ordinance since I feel it would be extremely dif-
ficult to successfully defend the members in an action seek-
ing to place personal financial liability on each member by
an applicant who has been denied a permit and who must go to
considerable expense to proceed with his business after having
otherwise qualified under the requirements of the ordinances.
Sincerely,
Edwin C. Saunders
City Attorney
City Attorney Saunders stated that he has prepared a pro- PROPOSED AMENDMENTS
posed amendment to the ordinance, which, in effect, elim- TO MUNICIPAL CODE
inates the definition of a public eating place", amending Recommendations by
Sections 4600, 4605,--4606and 6157 of:the'Municipaj Code, City Atty Saunders.
respectfully which would remove the On-Sale General Lic-
ense" requirement, and increase the seats at tables to 50
and the minimum dancing area to 400 square feet.
Considerable discussion followed wherein City Attorney
Saunders offered further legal clarification of the sections
of the proposed ordinance for benefit of Council.
Mr. George A. Kasem, Attorney, 664 South Sunset, West MR. GEO. A. KASEM
Covina, representing his clients, Mr. and Mrs. Arlin W. ATTORNEY
Eldred, in their application for a public dancing permit, 664 S. Sunset, W.C.
stated that he had submitted a letter to the Chief Admin- Representing Mr. &
istrative Officer regarding the issuance of a public danc- Mrs. A.W. Eldred
ing permit. He urged the Council to restrain itself some- Re application for
what in the assessment of higher fees as it might, unfair- public dancing per-
ly, impose an additional capital burden; that he felt $300.00 mit.
per annum was an unduly high license fee for such estab-
lishments and tends to discriminate toward such businesses;
that the City would derive additional revenues in other re-
spects, i.e., from sales tax on items sold, etc.
Considerable discussion followed particularly relevant to
the matter of the amount that should be set for license
fees.
Continued)
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1961 09 05 CC MIN HÄ—@¸— C ç Í«Regular Meeting of the Baldwin Park City Council September 5, 1961
Page 9
COUNCILMAN HOLMES MOVED THAT ORDINANCE NO. 192 BE READ IN MOTION MADE THAT
ITS ENTIRETY, WITH A CORRECTION BEING MADE IN SECTION 6157 ORD. #192 BE READ
TO STIPULATE THE SUM OF $150.00 AS FEE PER ANNUM. COUNCIL- IN ITS ENTIRETY
MAN BLOXHAM SECONDED. WITH CORRECTION BE-
ING MADE IN SECTION
6157 TO STIPULATE
SUM OF $150.00 AS
FEE PER ANNUM.
City Attorney Saunders read Ordinance No. 192 in full as
follows:
ORDINANCE NO. 192
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BALDNIN PARK AMENDING SECTIONS
4600, 4605, 4606 AND 6157 OF THE BALDNIN
PARK MUNICIPAL CODE TO CLARIFY PUBLIC
DANCING IN PLACES SERVING ALCOHOLIC BEV-
ERAGES: AMEND THE DEFINITION OF BONA FIDE
EATING PLACE: SUBSTITUTE THE CHIEF ADMINIS-
TRATIVE OFFICER FOR CITY CLERK ON APPEALS
TO THE CITY COUNCIL AND AMEND THE LICENSE
FEE FOR DANCE HALLS, AND PUBLIC DANCING
PLACES: DECLARING THE URGENCY HEREOF, TO
TAKE EFFECT IMMEDIATELY"
follows:
The City Council of the City of Baldwin Park does ordain as
Section I. That subsection e) of Section 4600 of the Bald-
win Park Municipal Code is amended as follows:
I) By changing the opening paragraph of said subsection to
read as follows:
e) Bona Fide Public Eating Place" is a
place of business which:
2) By changing paragraphs 5 and 7 thereof to read as follows:
5. Has seats at tables adequate to seat 50 persons, not
counting any stools at the bar of counter where alco-
holic beverages are prepared for service.
7. Has not less than 400 square feet of floor space main-
tained in a smooth and safe condition.
Section 2. That Section 4605 of said Municipal Code is amended
by substituting Chief Administrative Officer for City Clerk wherever City
Clerk is mentioned therein.
Section 3. That subsection b) of Section 4606 of said Munici-
pal Code is amended to read as follows:
b) No permit for a Public Dancing Place shall be
granted, except to a Bona Fide Eating Place, if
alcoholic beverages are sold, served, given or
furnished on the premises.
Section 4. That Section 6157 of said Municipal Code is amended
Jo read as follows:
6157. DANCE HALLS, PUBLIC DANCING PLACES, ETC.
Every person conducting, operating or managing a
public or private dance hall or a public dancing
place, as defined in Section 4600 of this Code, the
sum of $150.00 per annum. This provision shall not
apply to dance halls or public dancing places con-
ducted by non-profit corporations or fraternal
organizations incidental to a social gathering
provided such dances are not held at regular inter-
vals.
Section 5. This Ordinance is passed as an emergency measure,
and the Council does, by the vote by which this Ordinance is passed hereby
declare that an emergency exists which makes it imperative that this Ord-
inance should become effective forthwith in order that the public health,
welfare and safety might most effectively be provided for.
ADOPTED by the City Council, signed by the Mayor, and attested
by the City Clerk this 5th day of September 1961.
/s/ Letcher Bishop
Letcher Bishop, Mayor
Continued)
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1961 09 05 CC MIN HÄ—@¸— C ç
Í«So
Regular Meeting of the Baldwin Park City Council
ATTEST:
/s/ Thelma L. Balkus September 5,
Page 10 1961
Thelma L. Balkus, City Clerk
The motion carried on the foregoing motion by the follow- MOTION CARRIED.
ing vote:
AYES: COUNCILMEN HOLMES, BLOXHAM, COLE,
LITTLEJOHN AND MAYOR BISHOP
NOES: NONE
ABSENT: NONE
COUNCILMAN HOLMES MOVED THAT ORDINANCE NO. 192 be ADOPTED MOTION MADE AND
AS AN EMERGENCY ORDINANCE. COUNCILMAN BLOXHAM SECONDED. CARRIED THAT ORD.
The motion carried by the following vote: NO. 192 BE ADOPTED
AS AN EMERGENCY
AYES: COUNCILMEN HOLMES, BLOXHAM, COLE, ORDINANCE.
LITTLEJOHN AND MAYOR BISHOP
NOES: NONE
ABSENT: NONE
00-
Chief Administrative Officer Asmus presented an Agreement AGREEMENT WITH
with the State Division of Highways which should be exe- STATE DIV. OF HWYS.
cuted Immediately to assure uninterrupted construction of the RE PURENTE AVENUE
Puente Avenue Bridge, and a resolution approving said agree- BRIDGE & RES. AP-
ment and authorizing execution of same. He stated that, PROVING SAID AGREE-
under the agreement, the City has agreed to furnish the MENT & AUTHORIZING
State Division of Highways with funds totaling $42,197.00, EXECUTION OF SAME.
with the State agreeing to contribute $39,393.00 of the
estimated cost of $81,590.00; wherein he recalled Council's
action at the last regular meeting requesting $15,000.00
of our County Aid to Cities money from the Board of Super-
visors, via our resolution, which funds will be In our hands
as soon as officially acted upon by the Board; that the
County of Los Angeles has already approved participation
not to exceed $27,200.00 as their share of the improvement;
that official action by the Council will enable us to secure
the County's share as well as our own contribution re-
quested from the County.
Discussion followed.
At the request of Mayor Bishop, City Clerk Balkus read
Resolution No. 61-127by title as follows:
RESOLUTION NO. 61-127
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK AP-
PROVING AN AGREEMENT WITH THE STATE
OF CALIFORNIA AND AUTHORIZING EXE-
CUTION OF THE AGREEMENT"
COUNCILMAN HOLMES MOVED THAT RESOLUTION NO. 61-127 BE
ADOPTED. COUNCILMAN BLOXHAM SECONDED. The motion carried
by the following vote:
AYES: COUNCILMEN HOLMES, BLOXHAM, COLE,
LITTLEJOHN AND MAYOR BISHOP
NOES: NONE
ABSENT: NONE
00-
AT 9:55 P.M. COUNCILMAN HOLMES MOVED THAT COUNCIL DECLARE
A TEN MINUTE RECESS. COUNCILMAN BLOXHAM SECONDED. There
were no objections, the motion carried and was so ordered
RES. NO. 61-127
RE APPROVING AN
AGREEMENT WITH THE
STATE OF CALIF. &
AUTHORIZING EXECU-
TION OF THE AGREE-
MEN T.
ADOPTED.
RECESS AT 9:55 PM
RECONVENED AT
10:05 P.M.
by Mayor Bishop.
00-
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1961 09 05 CC MIN HÄ—@¸— C ç Í«351
Regular Meeting of the Baldwin Park City Council
Chief Administrative Officer Asmus presented the matter of
the retirement of the Chief of Police.
Councilman Holmes stated that he had read the letter of
resignation and expressed regrets on Chief Torres' leaving,
however, Council should accept his resignation and commence
the necessary proceedings toward the recruitment of a re-
placement.
COUNCILMAN HOLMES MOVED THAT COUNCIL ACCEPT THE RESIGNATION
OF THE CHIEF OF POLICE TORRES AND THAT IT BECOME EFFECTIVE
AT SUCH TIME AS COUNCIL HAS A REPLACEMENT. COUNCILMAN
COLE SECONDED. The motion carried by the following vote:
AYES: COUNCILMEN HOLMES, COLE, BLOXHAM,
LITTLEJOHN AND MAYOR BISHOP
NOES: NONE
ABSENT: NONE
Discussion followed.
COUNCILMAN LITTLEJOHN MOVED THAT COUNCIL AUTHORIZE THE
CHIEF ADMINISTRATIVE OFFICER TO SET UP AN EXAMINATION FOR
THE RECRUITMENT OF A CHIEF OF POLICE IN ORDER THAT COUNCIL
CAN MAKE A FINAL SELECTION FROM THE CANDIDATES WHETHER
THEY BE MEMBERS OF THE POLICE DEPARTMENT OF THE CITY OR
OTHERNISE. COUNCILMAN BLOXHAM SECONDED. The motion carried
by the following vote:
AYES: COUNCILMEN LITTLEJOHN, BLOXHAM,
NOES:
ABSENT:
COLE, HOLMES AND MAYOR BISHOP
NONE
NONE
Chief Administrative Officer Asmus stated that he would
like to proceed and prepare, for Council's approval, and
before mailings are made the examination announcement
which will outline the experience, etc. that the candidate
must have to be eligible to apply; that both a written and an
oral examination will be given.
At this time City Clerk Balkus administered the oath to
those in the audience desiring to be heard before Council.
Mr. James Q. Gibson, 13268 East Francisquito, Baldwin Park,
stated that he was speaking as a representative of the
Baldwin Park Improvement Association, Inc., and it was
their feeling that, although this is an administrative
problem, there are times when the will of the people might
assist in making a wise decision; that the Baldwin Park
Police Department is not a large association, and, as such,
it is mandatory that there be some incentive over and above
monetary compensation; that the City of Baldwin Park boasts
an efficient law enforecement body, credit for which is, in
most part, given to resigned Chief Torres; that, over the
period of years, Chief Torres has built an organization
from which the community can benefit; that they herewith
petition the City Council and the Chief Administrative Offi-
cer to give every consideration to men within the department
now before making an appointment to fil! the vacancy being
left by the resignation of Chief Torres.
September 5, 1961
Page II
LETTER OF
RESIGNATION OF
CHIEF OF POLICE.
MOTION MADE AND
CARRIED THAT COUN-
CIL ACCEPT THE RES-
IGNATION OF CHIEF
OF POLICE TORRES &
THAT IT BECOME EF-
FECTIVE AT SUCH
TIME AS COUNCIL HAS
A REPLACEMENT.
MOTION MADE AND
CARRIED THAT COUN-
CIL AUTHORIZE CAO
TO SET UP EXAM FOR
RECRUITMENT OF A
CHIEF OF POLICE IN
ORDER THAT COUNCIL
CAN MAKE FINAL SEL-
ECTION FROM CANDI-
DATES, WHETHER THEY
BE MEMBERS OF THE
P.D. OR OTHERWISE.
MR. JAMES Q. GIB-
SON, 13268 Francis-
quito, B.Park
Spoke as represen-
tative of B.Pk.
Improvement Assoc.
Inc. Re appoint-
ment of Chief of
Police.
City Clerk Balkus stated that a letter had been received from LETTER FROM
Strong's Enterprises, 4633 North Maine Avenue, Baldwin Park, STRONG'S ENTER-
and read as follows: PRISES, 4633 N.
Maine Ave., B.Pk.
August 31, 1961
Baldwin Park City Councilmen
City Hall
Baldwin Park, Calif.
Continued)
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1961 09 05 CC MIN HÄ—@¸— C ç
1961 09 05 CC MIN HÄ—@¸— C ç
Í«Regular Meeting of the Baldwin Park City Council
At the request of Mayor Bishop,'City Clerk Balkus read Res-
olution NO. 61-128 by title as follows:
RESOLUTION NO. 61-128
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BALDN IN PARK GRANTING
BEKINS VAN & STORAGE COMPANY AN EXCEP-
TION TO THE ORDINANCE REQUIREMENTS ON
SIZE OF SIGN WITHIN 500 FEET OF FREE-
WAY; DESIGNATED AS CASE NO. ZE-43"
COUNCILMAN COLE MOVED THAT RESOLUTION NO. 61-128 BE ADOPTED.
COUNCILMAN LITTLEJOHN SECONDED. The motion carried by the
following vote:
AYES: COUNCILMEN COLE, LITTLEJOHN,
BLOXHAM, HOLMES AND MAYOR
BISHOP
NOES: NONE
ABSENT: NONE
At the request of Mayor Bishop, City Clerk Balkus read Res-
olution No. 61-129 by title as follows:
RESOLUTION NO. 61-129
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BALDA'IN PARK GRANT-
ING IVAN L. ROLLEFSON A ZONE EX-
CEPTION FOR MULTIPLE FAMILY RESI-
DENTIAL USE IN A-1 ZONE ON PROPERTY
LOCATED AT 3032-3102 VINELAND AVENUE,
BALDNIN PARK; DESIGNATED AS CASE NO.
ZE-44"
COUNCILMAN COLE MOVED THAT RESOLUTION NO. 61-129 BE ADOPTED.
COUNCILMAN LITTLEJOHN SECONDED. The motion carried by the
following vote:
AYES: COUNCILMEN COLE, LITTLEJOHN,
BLOXHAM, HOLMES AND MAYOR BISHOP
NOES: NONE
ABSENT: NONE
At the request of Mayor Bishop, City Clerk Balkus read Ord-
inance No. 191 by title as follows:
ORDINANCE NO. 191
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF BALDW I N PARK AMEN D-
ING THE ZONING MAP OF THE CITY TO
CHANGE THE ZONING OF PROPERTY SITU-
ATED IN VICINITY OF MERCED AVENUE,
PACIFIC AVENUE, BIG DALTON WASH AND
PUENTE AVENUE FROM A-I TO R-I, ZONE
CASE NO. Z-94"
COUNCILMAN HOLMES MOVED THAT ORDINANCE NO. 191 PASS SECOND
READING AND BE ADOPTED. COUNCILMAN COLE SECONDED. The
motion carried by the following vote:
AYES: COUNCILMEN HOLMES, COLE, BLOXHAM,
LITTLEJOHN AND MAYOR BISHOP
NOES: NONE
ABSENT: NONE
September 5, 1961
Page 13
RES. NO. 61-128
RE GRANTING BEKINS
VAN & STORAGE CO.
AN EXCEPTION TO
ORD. REQUIREMENTS
ON SIZE OF SIGN
WITHIN 500' OF FREE-
WAY; DESIGNATED AS
CASE NO. ZE-43.
ADOPTED.
RES. NO. 61-129
RE GRANTING IVAN
L. ROLLEFSON A ZONE
EXCEPTION FOR MULT-
IPLE FAMILY RESI-
DENTIAL USE IN A-I
ZONE ON PROPERTY
LOCATED AT 3032-
3102 VINELAND AVE.
B.PK.; DESIGNATED
AS CASE NO. ZE-44.
AD0O" ED.
ORD. NO. 191
RE AMENDING ZONING
MAP OF CITY TO
CHANGE ZONING OF
PROPERTY SITUATED
IN VICINITY OF MER-
CED AVE., PACIFIC
AVE., BIG DALTON
WASH & PUENTE AVE.
FROM A-I TO R-I,
ZONE CASE NO. Z-94.
PASSED SECOND READ-
ING & ADOPTED.
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1961 09 05 CC MIN HÄ—@¸— C çÍ«354
Regular Meeting of the Baldwin Park City Council
Mayor Bishop stated that Zone Case Z-97, A. K. Agajanian,
would be considered.
Councilman Littlejohn reported that he had made a study of
this case, reviewed the pertinent information and physically
checked the property, and that he was now in a position to
state his decision. He expressed the opinion that, while
the property is not as large as it could be, no better use
has been found, and there appears to be no protests from
the neighbors in the vicinity.
Considerable discussion followed wherein City Clerk Balkus
reported that there were 117 signatures in favor and i
against the zone case being permitted.
COUNCILMAN BLOXHAM MOVED THAT COUNCIL CONCUR WITH THE REC-
OMMENDATIONS OF THE PLANNING COMMISSION RELATIVE TO ZONE
CASE Z-97. MOTION DIED FOR LACK OF SECOND.
Discussion continued.
City Attorney Saunders, in answer to a query of Council,
stated,that if additional land were acquired by the appli-
cant, another public hearing would have to be held because
he would then be adding land to the property under dis-
cussion.
COUNCILMAN LITTLEJOHN MOVED THAT THIS ZONE CASE Z-97 BE
TABLED UNTIL SOME DECISION CAN BE REACHED. MOTION DIED FOR
LACK OF A SECOND.
COUNCILMAN COLE MOVED THAT ZONE CASE Z-97 BE APPROVED,
CHANGING THE ZONING OF THE PROPERTY TO C-2. COUNCIL-
MAN LITTLEJOHN SECONDED. The motion failed to'carry
by the following vote:
AYES: COUNCILMEN COLE AND LITTLEJOHN
NOES: COUNCILMEN BLOXHAM, HOLMES AND
MAYOR BISHOP
ABSENT: NONE
COUNCILMAN BLOXHAM MOVED THAT THE CITY COUNCIL CONCUR WITH
THE FINDINGS AND RECOMMENDATIONS OF THE PLANNING COMMISSION
RELATIVE TO ZONE CASE Z-97. COUNCILMAN HOLMES SECONDED.
The motion carried by the following vote:
AYES: COUNCILMEN BLOXHAM, HOL'MES AND
MAYOR BISHOP
NOES: COUNCILMEN COLE AND LITTLEJOHN
ABSENT: NONE
00-
Ch-ief Administrative Officer Asmus presented the matter of
sewer use charges and recommended that Resolution No. 6`1-130
adopting a schedule of sewer use charges be adopted.
Considerable discussion ensued wherein Councilman Littlejohn
expressed the opinion that $3.00 per front foot was high and
that he would like to see this figure reduced, suggesting
$2.00-$2.50 minimum; wherein Mayor Bishop suggested a figure
of $1.50-$2.00 per front foot as an equitable charge; where-
in there was general discussion relevant to the average depth
being 1501 rather than 1001; wherein members of Council an-
Continued)
September 5, 1961
Page 14
ZONE CASE Z-97
A. K. AGAJANIAN
REPORT BY COUNCIL-
MAN LITTLEJOHN.
MOTION MADE AND
DIED FOR LACK OF
A SECOND THAT COUN-
CIL CONCUR WITH
RECOMMENDATIONS OF
P.C. RE ZONE CASE
Z-97.
MOTION MADE AND
DIED FOR LACK OF A
SECOND THAT THIS
ZONE CASE Z-97 BE
TABLED UNTIL SOME
DECISION CAN BE REACHED.
MOTION MADE AND
FAILED TO CARRY
THAT ZONE CASE
Z-97 BE APPROVED
CHANGING ZONING OF
PROPERTY TO C-2.
MOTION MADE AND
CARRIED THAT COUN-
CIL CONCUR WITH
FINDINGS & RECOM-
MENDATIONS OF P.C.
RE ZONE CASE Z-97.
SEWER USE CHARGES
Report & recommen-
dations by C.A.O.
DISCUSSION AND
OPINIONS.
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1961 09 05 CC MIN HÄ—@¸— C çÍ«Regular Meeting of the Baldwin Park City Council September 5, 1961
Page 15
swered queries of Mr. Charles Morehead, citizen in attend-
ance: wherein City Attorney Saunders offered legal clarifica-
tion; wherein Mr. Edwin Elko expressed the opinion that
consideration should be given to the charges set up by ad-
jacent cities; wherein Mr. Marshall Hadley expressed the
opinion that the people on Frazier Street would have more
than one cost; wherein Mrs. Marianne Johnson queried if
this trunk line would be adequate for the 65,000 people
that Baldwin Park will have in the future, and stated that
no use permit should be charged, and that no one should
make a profit on it....the cost should be only what the
cost is and no more and further queried Council regard-
ing a motion made relevant to Tract 26009, subject of
sewers, wherein City Clerk Balkus read said motion for the
benefit of Mrs. Johnson, with additional clarification
given by Councilman Littlejohn; wherein Mr. M. V. Dargus
took issue over the manner in which this matter was being
handled by the City versus the way in which the Sanitation
District operates; wherein Mr. Dean Larsen, 12743 Royston
Street, Baldwin Park, questioned the participation of in-
stalling the trunk line, to which Chief Administrative
Officer Asmus informed Mr. Larsen that he was not involved
in the trunk line under discussion tonight; wherein Chief
Administrative Officer Asmus stated the proposed amendments
to the Resolution before Council as: Under Section 2, para- Proposed changes
graph a), insert the figure of $2.00 per front foot, and in Resolution by
correct third and fourth lines to read average depth of C.A.O. Asmus.
up to one hundred fifty 150) feet; Under Section 2, para-
graph b), correct to read one hundred fifty feet 150'),
plus one cent per square foot for the additional area; Under
Section 2, paragraph c), insert the figure of $100.00 or
1-1/3 cents per square foot, etc.; Under Section 2, para-
graph d), insert 1-1/3 cents per square foot for the first
7,500 square feet, plus one cent per square foot for ad-
ditional area; Under Section 2, paragraph e), delete this
paragraph.
Dr. Johnson, 4012 Vineland Avenue, Baldwin Park, questioned DR. JOHNSON, 4012
the cost for a lot 90 x 350', and expressed the feeling that N. Vineland, B.Pk.
he did not believe in paying for something that might not be Re cost, etc.
used in the future.
Discussion continued with members of Council offering further
clarification regarding cost, etc. for benefit of those in
the audience; wherein Chief Administrative Officer Asmus
stated that the Mayor and he were going to San Francisco
this Thursday.to prevail upon the Federal Government to
loan the City of Baldwin Park advance money for engineering
sewers for the entire City....that this Council is interested
in doing everything it can to expedite sewers....and that if
successful, there was no reason why the entire City could not be
completely sewered within two years; wherein Mr. Hadley ex-
pressed the opinion that the fee, as proposed, is too high;
wherein Mr. W. J. McMullen, 3285 Frazier Street, Baldwin Park
questioned what his cost would be; wherein Mr. James Q. Gib-
son queried whether this resolution is only establishing a
rate for this trunk line and not setting a precedent for future
lines, to which the answer by Council was in the affirmative.
At the request of Mayor Bishop, Chief Administrative Officer RES. NO. 61-130
Asmus read Resolution No. 61-130 in full as follows: RE ADOPTING A
SCHEDULE OF SEWER
RESOLUTION NO. 61-130 USE CHARGES.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK ADOPT-
ING A SCHEDULE OF SEWER USE CHARGES"
The CITY COUNCIL of the CITY OF BALDNIN PARK does hereby
FIND, RESOLVE and ORDER:
Section I. The several public sewers constructed or con-
templated for construction without cost to the abutting property owners
require the adoption of sewer use charges.
Continued)
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1961 09 05 CC MIN HÄ—@¸— C çÍ«356
AYES: COUNCILMEN LITTLEJOHN, HOLMES
BLOXHAM, COLE AND MAYOR BISHOP
NOES: NONE
ABSENT: NONE
00-
Regular Meeting of the Baldwin Park City Council September 5, 1961
Page 16
charges:
Section 2. The following fees are adopted as sewer use
a) An amount equal to $2.00 per front foot for each
rectangular lot or parcel having an average depth
of up to one hundred and fifty 150) feet.
b) For rectangular lots or parcels in excess of
one hundred fifty 150) feet in depth an amount
equal to the charge indicated in a) above
plus one cent per square foot for the
additional area.
c) For lots or parcels of an irregular shape with
a front footage of less than fifty 50) feet the
minimum use'charge shall be 00 00 or 1 1/3
cents per square foot, whichever is less.
d) For lots or parcels of an irregular shape
with a front footage of more than fifty 50)
feet the use charge shall be 1 1/3/ cents per
square foot for the first 7,500 square feet,
plus one cent per square foot for additional
area.
e) Lots or parcels less than 90 feet in depth
shall pay a use charge as determined under
Section 3.
Section 3. If a lot or parcel is of such a size or shape
that strict adherence to the above mentioned provisions would require a
property owner to pay an amount not commensurate with the benefits to be
received, the provisions of this resolution as to amount to be charged
may be modified as determined by the City Council to obtain an amount
commensurate with the benefits received
PASSED and ADOPTED this day of 1961.
A T T E S T:
Thelma L. Backus, City Clerk
Letcher Bishop, Mayor
Discussion followed wherein changes were made in that para- CHANGES SUGGESTED
graph e) under Section 2 was eliminated entirely, and the IN RESOLUTION.
word use" in both the title of the resolution, in Section
I and 2, changed to connection" in connection to sewer
charges.
COUNCILMAN LITTLEJOHN MOVED THAT RESOLUTION NO. 61-130 BE RES. NO. 61-130
ADOPTED AS CORRECTED. COUNCILMAN HOLMES SECONDED. The ADOPTED AS CORRECT-
motion carried by the following vote: ED.
Councilman Littlejohn stated that it was his understanding
that Zone Exception Case No. ZE-45,,Leonard Jones, was to be
brought back before Council at this meeting, but noticed it
was not on the Agenda.
COUNCILMAN HOLMES MOVED THAT ZONE EXCEPTION CASE ZE-45 BE
BROUGHT BACK ON THE AGENDA. COUNCILMAN BLOXHAM SECONDED.
There were no objections, the motion carried and was so
ordered by Mayor Bishop.
ZONE EXCEPTION CASE
ZE-45 LEONARD
JONES.
MOTION MADE AND
CARRIED THAT ZONE
EXCEPTION CASE
ZE-45 BE BROT BACK
ON AGENDA.
Continued)
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1961 09 05 CC MIN HÄ—@¸— C çÍ«357
Regular Meeting of the Baldwin Park City Council
Planning Director Mansfield presented the findings of the
Planning Commission, wherein they recommended approval of
the zone exception with a number of provisions to be met
by the applicant, to which Mr. Jones did not completely
agree.
September 5, 1961
Page 17
Mr. Leonard Jones, 3258 North Frazier, Baldwin Park, stated MR. LEONARD JONES,
that he had made application for a zone exception in order 3258 Frazier, B.Pk.
to build a canopy-type roof for the purpose of protecting
the customers and the regrigerators.
At this time City Attorney Saunders read Council's motion
from a previous meeting for the benefit of Mr. Jones.
Mr. Jones continued his plea for a zone exception, and CONTINUANCE OF
further stated that he had received no objections from the.; PLEA FOR ZONE EX-
neighbors, and it was his understanding the Planning Com- CEPTION BY MR.
missioners had no objections, and called attention to Para- JONES.
graph f" and g" in Planning Commission Resolution No. 737;
wherein he expressed the feeling that he was being held re-
sponsible for some one else's actions, not being the owner
of the property; that, at this date, he does not have the
permission of the owner regarding dedication of the property;
that he belives negotiation can be worked out in the future
and requested that this exception be granted.
Discussion followed wherein Chief Administrative Officer
Asmus stated that the provision relevant to putting in curb
might have to be waived, at this time, as the entire street
does have to be lowered; wherein Planning Director Mans-
filed stated that the main problem is the matter of dedication.
At the request of City Clerk Balkus, Mayor Bishop read a LETTER TO MR. JONES
copy of a letter sent to Mr. Jones, as a matter of record, FROM OFFICE OF CITY
as follows: CLERK.
August 24, 1961
Mr. Leonard A. Jones
3258 North Frazier
Baldwin Park, California
Re: Zone Exception Case ZE-45
I
Dear Mr. Jones:
At the regular meeting of the City Council of the City of Baldwin Park
held on August 21, 1961, Council moved that this case be held over un-
til the next regular meeting, September 5, 1961, in order that you, as
applicant, and the property owner can evolve a solution.
Sincerely,
/s/ Thelma L. Balkus
THELMA L. BALKUS
City Clerk
Discussion continued wherein Mr. Jones stated that the owner of the
property will not dedicate at this time, but felt he could be per-
suaded to 4n the future; that he i.s being held back because of this;
that it is not a detrimental condition; that this is an exceptional
case and requested favorable consideration of this application.
Planning Director Mansfield read the conditions of Planning Com-
mission Resolution No. 737, as follows:
The Planning Commission recommends approval of Zone Exception
Case No. ZE-45 subject to the following conditions:
Continued)
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1961 09 05 CC MIN HÄ—@¸— C çÍ«358
Regular Meeting of the Baldwin Park City Council
September 5, 1961
Page 18
A. Dedication of ten 10) feet for widening of-Frazier Street and
agreement to remove the existing structures and encroachments with-
in said ten 10) feet when complete widening of Frazier Street takes
place or as specified by the City Engineer.
B. Cash Deposit or Bond for improving the entire Frazier Street frontage
with curb, gutter, sidewalk and pavement hook-up. To be installed when
new grades are established.
C. Re-facing of east, north and south sides of-the barn subject to
the approval of the Building Superintendent and the Planning Director.
D. All improvements shall be substantially in compliance with the
plot plan submitted.
E. If any provision of this exception is violated or held to be in-
valid or if any law, statute or ordinance is violated, the exception
shall beavoid'and the privileges granted hereunder shall lapse.
Mr. McMullen, owner of the property, stated that no one has MR. MC MULLEN
ever approached him about widening the street before, and Owner of the
that he had dedicated 30' years ago, and now the City wants property Re
10' more; that it was his opinion that Mr. Jones should be dedication.
given the zone exception but that he cannot see his dedicat-
ing 10' and paying for the sidewalks and curbs and moving
the house back.
Councilman Holmes offered clarification of the required
conditions regarding dedication for the enlightenment of
Mr. McMullen, and answered other-queries regarding street
improvements. Mr.-McMullen stated that he would have to
discuss this with his sister and questioned whether another
meeting could be held on this matter; wherein Councilman
Littlejohn explained that the basic. problem was'that Mr.
McMullen Is In a legal non-conforming use.
COUNCILMAN COLE MOVED THAT THE CITY COUNCIL CONCUR WITH THE MOTION MADE AND
FINDINGS AND RECOMMENDATIONS OF THE PLANNING COMMISSION AS CARRIED THAT 000N-
SET FORTH IN PLANNING COMMISSION RESOLUTION NO. 737, ZONE CIL CONCUR WITH
EXCEPTION CASE ZE-45, AND THAT THE CITY ATTORNEY BE INSTRUCT- FINDINGS & RECOM-
ED TO PREPARE THE NECESSARY RESOLUTION GRANTING THIS EXCEP- MENDATIONS OF P.C.
TION. COUNCILMAN LITTLEJOHN SECONDED. The motion carried AS SET FORTH IN
by the following vote: P.C. RES. #737,
ZONE EXCEPTION CASE
AYES: COUNCILMEN COLE, LITTLEJOHN, ZE-45, & THAT CITY
BLOXHAM, HOLMES AND MAYOR ATTY BE INSTRUCTED
BISHOP TO PREPARE NECES-
NOES: NONE SARY RES. GRANTING
ABSENT: NONE THIS EXCEPTION.
00-
At the request of Mayor Bishop, City Clerk Balkus read RES. NO. 61-131
Resolution No. 61-131 by title as follows: RE ORDERING VACA-
TION OF A STORM
RESOLUTION NO. 61-131 DRAIN EASEMENT IN
A RESOLUTION OF THE CITY COUNCIL TRACT 22565.
OF THE CITY OF BALDW IN PARK ORDER-
ING THE VACATION OF A STORM DRAIN
EASEMENT IN TRACT NO. 22565"
COUNCILMAN HOLMES MOVED THAT RESOLUTION NO. 61-131 BE ADOPTED.
ADOPTED. COUNCILMAN BLOXHAM SECONDED. The motion
carried by the following vote:
AYES: COUNCILMEN HOLMES, BLOXHAM, COLE,
LITTLEJOHN AND MAYOR BISHOP
NOES: NONE
ABSENT: NONE
00-
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1961 09 05 CC MIN HÄ—@¸— C çÍ«359
I
S
Regular Meeting of the Baldwin Park City Council
At the request of Mayor Bishop, City Clerk Balkus read
Resolution No. 61-132 by title as follows:
RESOLUTION NO. 61-132
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK ALLON-
ING PAYROLL CLAIMS AND DEMANDS,
NUMBERS 14834 THROUGH 14917 INCLUSIVE"
COUNCILMAN COLE MOVED THAT RESOLUTION NO. 61-132 BE ADOPTED.
COUNCILMAN BLOXHAM SECONDED. The motion carried by the
following vote:
AYES: COUNCILMEN COLE, BLOXHAM, HOLMES,
LITTLEJOHN AND MAYOR BISHOP
NOES: NONE
ABSENT: NONE
00-
At the request of Mayor Bishop, City Clerk Balkus read
Resolution No. 61-133 by title as follows:
RESOLUTION NO. 61-133
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BALDNIN PARK ALLON-
ING CERTAIN CLAIMS AND DEMANDS,
NUMBERS 10826 THROUGH 10834 INCLUSIVE"
COUNCILMAN COLE MOVED THAT RESOLUTION NO. 61-133 BE ADOPTED.
COUNCILMAN BLOXHAM SECONDED. The motion carried by the
following vote:
AYES: COUNCILMEN COLE, BLOXHAM, HOLMES,
LITTLEJOHN AND MAYOR BISHOP
NOES: NONE
ABSENT: NONE
00-
Chief Administrative Officer Asmus reported that the First
Annual Seminar of the Independent Cities will be held in
the City of San Gabriel on September 29, 1961, and will be
an all-day session. Councilman Cole stated that he is
the delegate but will be unable to attend.
00-
Chief Administrative Officer Asmus reported that he had
just received information regarding the trip to San Fran-
cisco relevant to securing financial aid for sewers in
the City, wherein it offered a good possibility for achieve-
ment. It was his opinion that the expenses for both the
Mayor and himself should not exceed $150.00 each.
COUNCILMAN COLE MOVED THAT THE MAYOR AND THE CHIEF AD-
MINISTRATIVE OFFICER BE AUTHORIZED TO GO TO SAN FRANCISCO,
AND TO BE REIMBURSED FOR THE COSTS INCURRED ON THEIR RE-
TURN. COUNCILMAN HOLMES SECONDED. The motion carried by
the following vote:
AYES: COUNCILMEN COLE, HOLMES, BLOXHAM,
LITTLEJOHN AND MAYOR BISHOP
NOES: NONE
ABSTAINED: MAYOR BISHOP
00-
September 5, 1961
Page 19
RES. NO. 61-132
RE ALLONING PAY-
ROLL CLAIMS &
DEMANDS NOS. 14834
THRU 14917 INC.
ADOPTED.
RES. NO. 61-133
RE ALLON ING CER-
TAIN CLAIMS & DE-
MANDS NOS. 10826
THRU 10834 INCLU-
SIVE.
ADOPTED.
C.A.O. REPORT RE
FIRST ANNUAL SEMI-
NAR OF INDEPENDENT
CITIES.
REPORT BY C.A.O.
RE S.F. TRIP RE
SEWERS.
MOTION MADE AND
CARRIED THAT MAYOR
& C.A.O. BE AUTH-
ORIZED TO GO TO S.F.
& TO BE REIMBURSED
FOR COSTS INCURRED
ON THEIR RETURN.
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1961 09 05 CC MIN HÄ—@¸— C çÍ«Regular Meeting of the Baldwin Park City Council September 5, 1961
Page 20
AT 12:35 A.M. COUNCILMAN BLOXHAM MOVED THAT COUNCIL AD- ADJOURNMENT AT
JOURN. COUNCILMAN COLE SECONDED. There were no objections, 12:35 A.M.
the motion carried and was so ordered by Mayor Bishop.
00-
LETCHER BISHOP, MAYOR THELMA L. BALKUS, CITY CLERK
APPROVED: NOVEMBER 20th 1961.
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Í«352
Regular Meeting of the Baldwin Park City Council September 5, 1961
Page 12
Dear Sirs:
Being a registered voter in the City of Baldwin Park I feel a great
concern regarding our police departments future.
We have been secure in the knowledge that we have one of the best
police departments in the nation, and we should try to keep it so.
Therefore I feel that the City Council should have an open com-
petitive examination for the office of chief of police.
Furthermore I think we should take advantage of the present chief
of police's offer to help you pass on the test and qualifications
of this most important position.
Most sincerely and hopefully
Joe A. Strong
00-
Chief Administrative Officer Asmus presented the matter of RELOCATION CASE
Relocation Case No. R-98, Magda Gorog, 47341 North Maine R-98 MAGDA GOROG
Avenue, Baldwin Park, and reported that the Executive Com- 4734 N. Maine Ave.
mittee of the Planning Commission denied a relocation ap- B.Pk.
plication in behalf of Relocation Case R-98. He further
stated that this case was held over for final decision to-
night and that the applicants are In the audience.
Considerable discussion followed wherein Planning Director
Mansfield presented a history of the case and answered
queries of Council.
COUNCILMAN,BLOXHAM MOVED THAT COUNCIL CONCUR WITH THE REC-
OMMENDATIONS OF THE PLANNING COMMISSION RELATIVE TO RELOCA-
TION CASE R-98. COUNCILMAN COLE SECONDED. The motion was
as follows:
AYES: COUNCILMEN BLOXHAM AND COLE
NOES: COUNCILMAN LITTLEJOHN AND
MAYOR BISHOP
ABSENT: NONE
ABSTAINED: COUNCILMAN HOLMES
MOTION MADE THAT
COUNCIL CONCUR
WITH RECOMMENDA-
TIONS OF P.C. RE-
LATIVE TO RELOCA-
TION CASE R-98.
TIE VOTE.
Councilman Holmes explained that his abstention from voting EXPLANATION OF
was due to his being absent when the testimony was presented. VOTING BY COUNCIL-
MAN HOLMES & MAYOR
BISHOP.
Mayor Bishop explained that his negative vote was due to EXPLANATION OF
his feeling that the building to be relocated was far bet- VOTING BY COUNCIL-
ter than the building adjacent to the property; that it was MAN HOLMES & MAYOR
his feeling the Planning Commission did not give sufficient BISHOP.
reasons for the denial of this permit.
Mrs. Magda Gorog stated that she has a deadline to meet on
moving this building and wanted a decision made tonight.
Discussion continued wherein Councilman Holmes stated that
he could not make any decision tonight as the only basis,
now, is on comments and hearsay; that he would want to view
the property and review all testimony given.
MAYOR BISHOP ANNOUNCED THAT A DECISION ON THIS CASE WOULD DECISION TO BE
BE MADE AT THE NEXT REGULAR MEETING OF THE CITY COUNCIL ON MADE ON SEPT. 18,
SEPTEMBER 18, 1961. 1961.
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