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HomeMy WebLinkAbout1965 03 17 CC MIN1965 03 17 CC MINHÄ—@¸—.ZÍ«REGULAR MEETING OF THE BALDININ PARK CITY COUNCIL MARCH 17, 1965 2 x'13 CITY HALL COUNCIL CHAMBER) 14403 East Pacific Avenue 7:30 P.M. In accordance with Section 2703 of the Municipal Code the City Council met in open meeting at 7:00 p,m. In the Conference Room for an informal session with the staff to be informed on regular agenda items. The City Council of the City of Baldwin Park met in regular session at the above place at 7:30 p.m. Councilwoman Gregory led the salute to the flag. Roll Call: Present: COUNCILMEN ADAIR; CRITES, GREGORY, MCCARON AND MAYOR MOREHEAD Absent: NONE Also Present: CHIEF ADMINISTRATIVE OFFICER NORDBY, CITY ATTORNEY FLANDRICK, CITY ENGINEER FRENCH, BUILDING SUPERINTENDENT KALBFLEISCH, PLANNING DIRECTOR CHIVETTA, FINANCE DIRECTOR DUNCAN, ACTING CHIEF OF POLICE ADAMS, CITY TREASURER PUGH AND CITY CLERK BAL KUS Mayor Morehead announced, for those not familiar with the procedure, that the Council had just adjourned from the Conference Room where they had been informed of last minute information on the regular agenda items. 00-- Mayor Morehead presented five year and one year service pins to City employees. 00- Councilwoman Gregory pointed out that the vote with regard to Resolution No. 65-38 on Page 3 of the March 3, 1965, minutes was a 3-2 vote with Councilwoman Gregory and Mayor Morehead dissenting. FLAG SALUTE ROLL CALL RE COUNCIL MTG. IN CONFERENCE RM. AT 7:00 P.M. 5 YR. AND I YR. SERVICE PINS PRE- 6WtED TO CITY EMPLOYEES COUNCILWOMAN GREGORY MOVED THAT THE MINUTES OF MARCH 3, 1965, MINUTES OF MAR. 3, BE APPROVED AS AMENDED. COUNCILMAN CRITES SECONDED. There 1965, APPROVED AS were no objections, the motion carried and was so ordered AMENDED by Mayor Morehead. 00- City Clerk Balkus presented the City Treasurer's Report CITY TREASURER'S RF as of February 28, 1965. PORT FEB. 28, 1965 As there were no objections, Mayor Morehead ordered the RECEIVED AND FILED report received and filed. 00- At 7:45 p.m. City Treasurer Pugh left the Council Chamber. 7:45 P.M. CITY TREAS. PUGH LEFT COUNCIL CHAMBER 00- Mr. William Ebaugh, 1006 Allessandro, La Verne, California, WM. EBAUGH, reported regarding the City's group insurance policy with 1006 Allessandro, Pacific Indemnity stating that during the year April 1, La Verne, Calif. 1963, to April I, 1964, there was $16,059.00 in premiums, $7,807.00 in claims, leaving a reserve of $8,252.00; that QUARTERLY REPORT from April 1, 1964, to January I, 1965, there was $12,551.00 ON GROUP INS. Continued) Continued) BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«2214 Regular Meeting of the Ba Idwilh"f'ar'I UCi ty Council March 17, 1965 Page 2 in premiums, with an incurred claims loss of $11,298.00, leaving a reserve of $1,253.00; that in the total period of time of one year and nine months there was a reserve of $9,505.00, however, in the second year the-cl'aims were beginning to run almost as much as the premiums; that'the insurance company had informed him that they did not anticipate any rate increase and-possibly they would be adding a couple of extra benefits at no cost. NO RATE INCREASE ANTICIPATED POSSIBLY COUPLE EXTRA BENEFITS TO BE ADDED AT NO COST 00- Mrs. Edna Howard, 13019 East Judith, Baldwin Park, requested MRS. EDNA HOWARD, to speak regarding a waiver from the requirement of having 1301) E. Judith, to build sidewalks at this time. B.Pk. Mayor Morehead stated the City Attorney had informed him RE SIDEWALK WAIVER that the waiver would have to be requested in writing. REQ. MUST BE IN WRITING 00- Mr. Gus Nesseth, 5355 Persimmon, Temple City, appeared GUS NESSETH, before the Coui.-i 1. 5355 Persimmon, T.C. City Clerk Balkus explained that Mr. Nesseth had requested REQUEST THAT L.S. yesterday that Lot Split No. 649 be considered this evening. NO. 649 BE CON- S IDERED City Attorney Flandrick explained that he had discussed this matter with the Planning Director and City Engineer; that the Board of Zoning Adjustments, on March 10, 1965, adopted a resolution recommending approval of this lot split, however this lot split was in conjunction with a zone variance; that one could not be approved without the other and he suggested that the Council take no action or even consider this lot split this evening. As there were no objections, Mayor Morehead stated that REQUEST DENIED the request was denied. City Clerk Balkus presented a claim against the City submitted by Joseph A. Mueller, 5008 Heintz Street, Baldwin Park. COUNCILWOMAN GREGORY MOVED THAT THE CLAIM BE DENIED AND REFERRED TO THE INSURANCE CARRIER. COUNCILMAN ADAIR SECONDED. The motion carried by the following vote: AYES: COUNCILMEN GREGORY, ADAIR, CRITES, MCCARON AND MAYOR MOREHEAD NOES NONE ABSENT: NONE 00- City Clerk Balkus presented a summons served on the City by Vella Construction Company. City Attorney Flandrick explained this item was a matter of litigation which has been filed against the City in connection with 62-A-1; that several weeks ago there was a claim submitted by Vella Construction Company in the amount of some $83,000 that had been since increased by the additional amount claimed due by way of retention, $132,000; that the recommendation was that the City Attorney be authorized to appear and defend the action on behalf of the City.. CLAIM AGAINST CITY JOSEPH A. MUELLER, 5008 Heintz St., B.Pk. DENIED AND REFERRED TO INS. CARRIER SUMMONS VELLA CONSTRUCTION CO. Continued) BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«2245 Regular Meeting of the Baldwin Park City Council COUNCILMAN MCCARON MOVED THE CLAIM BE DENIED AND THAT THE CITY ATTORNEY BE INSTRUCTED TO DEFEND THE CITY IN THIS ACTION. CCUNCILMAN CRITES SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MCCARON, CRITES, ADAIR, GREGORY AND MAYOR MORHEAD NOES NONE ABSENT: NONE March 17, 1965 Page 3 MOTION MADE AND CARRIED THAT CLAIM BE DENIED AND THAT CITY ATTY. BE IN- STRUCTED TO DEFEND CITY IN THIS ACTION 00- City Attorney Flandrick reviewed his memorandum concerning MEMO RE PENDING pending legislation before the State Assembly and the LEGISLATION BEFORE State Senate pointing out Senate Bill 537 regarding publica- STATE ASSEMBLY AND tion of ordinances. He stated that the Council could now STATE SENATE or later indicate which bills they would like to indicate their support of or their opposition to. Councilwoman Gregory suggested that these could perhaps MATTER TO BE DISC. be discussed at 3n adjourned meeting. AT ADJ. MTG. Mayor Morehead stated that the Chief Administrative Officer had a subject that would probably require an adjourned meeting; that the Council could consider an adjournment date at the end of this meeting to take care of these matters. 00- City Attorney Flandrick read Resolution No. 65-45 by title RES. NO. 65-45 as follows: AMEND. RES. NO. RESOLUTION NO. 65-45 64-149, RE BUDGET FOR 1964-1965 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 64-149, RELATING TO THE BUDGET FOR 1964-1965" COUNCILMAN CRITES MOVED THAT RESOLUTION NO. 65-45 BE RES. NO. 65-45 APPROVED AND FURTHER READING BE WAIVED. COUNCILMAN ADOPTED MCCARON SECONDED. The motion carried by the following vote: AYES: COUNCILMEN CRITES, MCCARON, ADAIR, GREGORY AND MAYOR MOREHEAD NOES: NONE ABSENT: NONE 00-- City Attorney Flandrick stated that on March 16, 1965, the City Clerk was served with a Summons and Complaint filed by Eugenia Igna against the City of Baldwin Park and each member of the City Council individually con- tending that the Zoning Ordinance of the City of Baldwin Park so far as they apply to her property were invalid and unconstitutional; that the recommendation was that the City Attorney be authorized to appear and defend the City and all named members of the City Council in this matter. COUNCILWOMAN GREGORY MOVED THAT THE CITY ATTORNEY BE AUTHORIZED TO APPEAR AND DEFEND THE CITY AND ALL NAMED MEMBERS OF THE CITY COUNCIL IN THIS MATTER. COUNCILMAN CRITES SECONDED. The motion carried by the following vote: AYES: COUNCILMEN GREGORY, CRITES, ADAIR, MCCARON AND MAYOR MOREHEAD NOES: NONE ABSENT: NONE SUMMONS AND COM- PLAINT SERVED ON CITY CLERK ON MAR. 16, 1965 FILED BY EUGENIA IGNA AGAINST CITY AND EACH MEMBER OF COUNCIL MOTION MADE AND CARRIED THAT CITY ATTY. BE AUTH. TO APPEAR AND DEFEND CITY AND ALL NAMED MEMBERS OF COUNCIL IN THIS MATTER 00- BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«Regular Meeting of the Baldwin Park City Council 22!16 City Attorney Flandrick presented a Status Report on pending litigation. 00- City Clerk Balkus read Resolution No. 65-46 by title as follows: RESOLUTION NO. 65-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALCWIN PARK URGING THAT THE TERRITORY OF AN INCORPORATED CITY NOT BE DIVIDED AMONG TWO OR MORE SENATORIAL DISTRICTS" Discussion followed. As there were no objections, Mayor Morehead stated this would be held over for discussion at the next Council Meeting, adjourned or regular. 00- City Clerk Balkus presented an application for an Alcoholic Beverage License for Howard A. and Mildred E. Nihiser, 4503 North Maine Ave. There was NO ACTION REQUIRED. 00- City Clerk Balkus administered the Oath to those in the audience desiring to be heard during the meeting. City Clerk Balkus announced that the hour of 8:00 p.m. having arrived that it was the time and place fixed for a public hearing on AZC-12, an application initiated by the Baldwin Park Planning Commission to initiate an Amend- ment to revise Section 9610, subsection II0 of the Baldwin Park Zoning Code Zone C-2, General Commercial Zone) to read: Section 9610 II) Boat, trailer, bicycle or motorcycle sales not required to be within a building). Repairs of same to be within an enclosed building." City Clerk Balkus stated proper publication had been accomplished. Planning Director Chivetta presented a resume of the case and stated that the Planning Commission had adopted Resolution No. PC 65-5 recommending approval of the amend- ment on February 24, 1965. He explained that the intent was that sales could be conducted outside of an enclosed building but repairs would have to be in an enclosed building. As there was no one in the audience desiring to speak either in behalf of or in opposition to AZC-12, Mayor Morehead declared the public hearing closed. Councilman McCaron asked for a clarification as to why this matter was brought up and why the item bicycles was brought into the picture. March 17, 1965 Page 4 STATUS REPORT PENDING LITIGATION RES. NO. 65-46 URG. THAT TERRITORY OF INCORPORATED CITY NOT BE DIVIDE) AMONG 2 OR MORE SENATORIAL DISTRICTS HELD OVER APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE NO ACTION REQUIRED OATH ADMINISTERED BY CITY CLERK PUBLIC HEARING 8:00 P.M. AZC-12, INITIATED BY P.C. TO INITIATE AMENDMENT TO REVISE SECTION 9610, SUB- SECTION 11, OF B.PK. ZON. CODE ZONE C-2) PUBLICATION RESUME PUBLIC HEARING DECLARED CLOSED AZC-12 Continued) BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«Regular Meeting of the Baldwin Park City.Council Planning Director Chivetta stated the person having these for sale thinks that the foot traffic would be able to view these more readily and thus promote sales; that there was a ten 10) foot setback requirement in the front yard in the C-2 zone; that display of items on the sidewalk would be expressly prohibited. COUNCILWOMAN GREGORY MOVED THAT THE CITY COUNCIL DIRECT THE PREPARATION OF AN ORDINANCE TO ACCOMPLISH THE CHANGE AS INDICATED BY THE PLANNING COMMISSION. COUNCIL- MAN ADAIR SECONDED. The motion carried by the following vote: March 17, 1965 Page 5 MOTION MADE AND CARRIED THAT COUNCIL DIRECT PREPARATION CF ORD, TO ACCOMPLISf CHANGE AS INDICATED BY P.C. AYES: COUNCILMEN GREGORY, ADAIR, CRITES, MCCARON AND MAYOR MOREHEAD NOES: NONE ABSENT: NONE 00- Chief Administrative Officer Nordby reviewed his report RE FEES TO BE concerning the ees to be charged for documents stating CHARGE) FOR DOCU- that the City Attorney interprets Section 2902 of the MENTS Baldwin Park Municipal Code as authorizing the Chief Administrative Officer to establish the necessary fees so there was no action required on this particular subject. NO COUNCIL ACTION REQUIRED 00- Mayor Morehead commented that the City Council had authorized RE REVAMPING OF the revamping of the public address system and that it was P.A. SYSTEM hoped that this would be. completed by the next Council Meet- ing. 00- Chief Administrative Officer Nordby reviewed his report REPORT RE PHYSICAL regarding physical examinations for applicants for D(AMINATIONS FOR employment stating that the applicants were presently APPLICANTS FOR examined at a cost of $25.50 which did not include EMPLOYMENT X-rays, serology test or EKG; that the County of Los Angeles could do the physical examinations which would include all of the present tests except Blood Type and RH Factor for approximately $20.00. He recormended that a resolution be adopted which would permit the City of Baldwin Park to utilize the service of the County Medical Examining Program. City Attorney Flandrick stated the only action necessary in addition to the adoption of the. resolution would be to designate Mr. Nordby or Mrs. Duncan, either one or both, as the agent to call for these services when needed. City Clerk Balkus read Resolution No. 65-46 by title as follows: RESOLUTION NO. 65-46 A RESOLUTION OF THE CITY CCUNCI L OF THE CITY OF BALWJIN PARK AUTHORIZING AND REQUESTING THE CIVIL SERVICE COMMISSION OF THE COUNTY OF LOS ANGELES TO PERFORM PERSONNEL SERVICES" COUNCILWOMAN GREGORY MOVED THAT RESOLUTION NO. 65-46 BE APPROVED AND FURTHER READING BE WAIVED. COUNCILMAN CRITES SECONDED. The motion carried by the following vote: RES. NO. 65-46 AUTH. AND REQ. CIVIL SERVICE COMMISSION OF CO. OF L.A. TO PERFORM PERSONNEL SERVICES RES. NO. 65-46 ADOPTED Continued) BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ« 2218 Regular Meeting of the Baldwin Park City Council March 17, 1965 Page 6 AYES:. COUNCILMEN GREGORY, CRITES, ADAIR, MCCARON AND MAYOR MOREHEAD NOES NONE ABSENT: NONE COUNCILMAN ADAIR MOVED THAT PURSUANT TO RESOLUTION NO. 65-46 MOTION MADE AND THAT THE CHIEF ADMINISTRATIVE OFFICER AND THE DIRECTOR OF CARRIED THAT PUR- F I NANCE ARE DESIGNATED AS THE AGENTS REFERRED TO IN SECTION SUANT TO RES. NO. 3 THEREOF. COUNCILWOMAN GREGORY SECONDED. The motion 65-46 THE C.A.O. carried by the following vote: AND DIR. OF FINANCE E DESIGNATED AS A R AYES: COUNCILMEN ADAIR, GREGORY, CRITES, AGENTS REFERRED TO MCCARON AND MAYOR MOREHEAD IN SECTION 3 THEREOF NOES NONE ABSENT: NONE 00- Chief Administrative Officer Nordby reviewed his report regarding a proposed agreement with Teleconomy to review City telephone procedures and make recommendations for reducing costs and recommended that the City enter into the agreement. He stated that the City Council might wish a clarification regarding the second paragraph of the agreement and if the Council wished the City Attorney could bring back a draft improving the language of the second paragraph; that this agreement would not involve any additional outlay of funds; that there was no charge for Teleconomy's service except a sharing in the savings which benefit the City; that if the firms recommendations were not accepted, there was no charge. Discussion followed that there should be a time limit on this and a provision made that the agreement could be cancelled upon notice. As there were no objections, Mayor Morehead instructed the Chief Administrative Officer and, the City Attorney to look into this further and draw up an,abreement that fits the City as well as this company concerned and bring it to the Council at the next meeting. oo-- Chief Administrative Officer Nordby reviewed his report and recommendations regarding Industrial Accident Benefits stating that no action was required at this time;. that a public hearing to consider changes in the Personnel Rules and Regulations had been set for April 7, 1965. Discussion followed regarding the possibility of the Personnel Board considering this matter wherein Chief Administrative Officer Nordby stated, in his opinion, this should not be placed before a new Personnel Board; that this was a matter of urgency and the normal process now existing should be used; that any subsequent problem involving the Personnel Rules and Regulations should then go to the Board. REPORT RE PROPOSED AGREEMENT WITH TEL ECONOMY TO RE- VIEW CITY TELEPHONE PROCEDURES COUNCIL INSTRUCTION C.A.O. AND CITY ATTY. TO LOOK INTO THIS FURTHER AND DRAW UP AGREEMENT AND BRING IT TO COUNCIL AT NEXT MTG. REPORT AND REC. RE INDUSTRIAL ACCIDENT BENEFITS NO ACTION REQUIRED AT THIS TIME P.H. RE PERSONNEL RULES AND REGULA- TIONS SCHEDULED FOR APRIL 7, 1965 BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«I Regular Meeting of the Baldwin Park City Council Regarding the 1965-1966 Budget, Chief Administrative Officer Nordby stated the Council would receive the work budget on April 20, 1965; that the proposed budget would not result in a tax increase; that it would include retirement for employees. 00- City Engineer French reviewed his report regarding the award of the contract for the Los Angeles Street Gas Tax Project No. 9 which recommended that the award be made to F". W. Richter Construction Company, 80 East Montecito, Sierra Madre, California, in the total amount of $120,139.95 and that bid bonds be returned to all unsuccessful bidders. City Attorney Flandrick stated that all documents required to be prepared and submitted on the bid form were accomplished. Discussion followed wherein City Engineer French stated that Walsh-Forkert was the inspector and the surveyor. It was brought out by City Attorney Flandrick that the City had a Faithful Performance Bond and a Labor and Materials Bond which would cover anything that was left out. COUNCILMAN MCCARON MOVED THAT THE CONTRACT FOR THE IMPROVE- MENT OF LOS ANGELES STREET BE AWARDED TO F. W. RICHTER CONSTRUCTION COMPANY AND THAT THE CITY ENTER INTO AN AGREE- MENT WITH THEM AND THAT THE PROPER OFFICIALS BE AUTHORIZED TO SIGN. COUNCILWOMAN GREGORY SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MCCARON, GREGORY, ADAIR, CRITES AND MAYOR MOREHEAD NOES NONE ABSENT: NONE City Engineer French stated that there was to be..a meeting with all of the utility companies on March 23, 1965, at 10:00 a.m.; that the contractor intends to begin construc- tion on April I, 1965. 00- City Engineer French reviewed his report regarding the acceptance of dedication on Ardilla Avenue stating that Ardilla Avenue was offered for dedication by Tract 13722 but at that time there was no street development in the area and the dedication was not accepted; that now all of the streets have been developed with the exception of a short street between Stockdale Street and Sierra Way and the property owners have now offered Ardilla Avenue to the City for acceptance; that there was a subdivision that went in adjacent to this area that put up a cash bond of $1800.00 for the improvement of the street. He recommended that the City Council accept the dedication and stated there was a drainage problem that this would alleviate. City Engineer-French read Resolution No. 65-47 by title as follows: RESOLUTION NO. 65-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, ACCEPTING AN OFFER OF DEDICATION WITH REFERENCE TO TRACT NO. 13722" Continued) 2219 March 17, 1965 Page 7 COUNCIL TO RECEIVE PROPOSED 1965-1966 BUDGET ON APRIL 20, 1965 REPORT AND REC. OF AWARD OF CONTRACT FOR L.A. STREET GAS TAX PROJECT NO. 9 REC. AWARD BE MADE TO F, W. RICHTER CONSTRUCTION CO., 80 E, MONTECITO, SIERRA MADRE, CALIF. I N TOTAL AMOUNT OF $120,139.95 MOTION MADE AND CARRIED THAT CON- TRACT FOR IMPROVE- MENT OF L.A. ST. BE AWARDED TO F. W. RICHTER CONSTRUCTION CO. AND THAT CITY ENTER INTO AGREE- MENT WITH THEM AND THAT PROPER OFFI- CIALS BE AUTH. TO SIGN RE ACCEPTANCE OF DEDICATION ON ARDILLA AVE. BE- TWEEN STOCKDALE ST. AND SIERRA WAY RES. NO. 65-47 ACCEPTING AN OFFER OF DEDICATION WITH REFERENCE TO TRACT NO. 13722 CARD ILLA AVENUE) BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«Regular Meeting of the Baldwin Park City Council COUNCILMAN ADA'IR MOVED THAT RESOLUTION NO. 65-47 BE APPROVED AND FURTHER READING BE WA IVED. CCUNC I LMAIN CRITES SECONDED. The motion carried by the following vote: AYES: COUNCILMEN ADAIR, CRITES, GREGORY, MCCARON AND MAYOR,MOREHEAD NOES NONE ABSENT: NONE 00- City Engineer French reviewed his report concerning the Release of Bonds for Tract No. 29371 which stated that all of the public works requirements have been installed in accordance with the approved plans with the exception of street lights; that the City had a cash deposit to cover the installation of street lights and their installa- tion had been requested through the County Maintenance District. He recommended that the improvement bonds be released and the cash deposit be retained until the lights' have been installed. COUNCILWOMAN GREGORY MOVED THAT THE CITY COUNCIL CONCUR WITH THE RECOMMENDATION OF THE CITY ENGINEER THAT IMPROVE- MENT BONDS BE RELEASED AND THE CASH DEPOSIT RETAINED UNTIL LIGHTS HAVE BEEN INSTALLED. COUNCILMAN ADAIR SECONDED. The motion carried by the following vote: AYES: COUNCILMEN GREGORY, ADA I R, CRITES, MCCARON AND MAYOR MOREHEAD NOES: NONE ABSENT: NONE 00- City Engineer French reviewed his report regarding budget approval for expenditure of Gas Tax Money on Baldwin Park Boulevard from Merced Avenue to Sierra Madre Avenue and Sierra Madre Avenue from Baldwin Park Boulevard to Ramona Boulevatd stating this was in accordance with the five year schedule adopted by the City Council; that this was budgeting the amount of $88,219.92; that as previously explained this was not enough to complete the project but it would allow work to begin. City~Engineer French read Resolution No. 65-48 by title as• fol lows: RESOLUTION NO. 65-48 A RESOLUTION OF THE CITY COUNCIL CF THE CITY OF BALD N I N PARK ADOPTING BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHNAY FUND TO CITIES" Councilman McCaron questioned why the Baldwin Park Boulevard Improvement Project was stopped at Sierra Madre rather than going on through to Ramona Boulevard. City Engineer French stated this was in accordance with the budget where Baldwin Park Boulevard would be carried to Sierra Madre thus aligning Baldwip Park Boulevard and Sierra Madre as a unit so that they would become a major thoroughfare for movement of traffic to the north or as a feeder to Ramona Boulevard; that there was not any improvement anticipated-on Baldwin Park Boulevard between Sierra Madre and Pacific as it was not considered a heavy traffic carrier; that this improvement intended to make March 17, 1965 Page 8 RES. NO. 65-47 ADOPTED REPORT BY CITY ENGR. RE RELEASE OF BONDS TRACT NO. 29371 MOTION MADE AND CARRIED THAT COUNCIL CONCUR WITH REC. OF CITY ENGR. THAT IMPROVEMENT BONDS BE RELEASED AND CASH DEPOSIT RETAINED UNTIL LIGHTS HAVE BEEN INSTALLED REPORT BY CITY ENGR. RE BUDGET APPROVAL FOR EXPENDITURE OF GAS TAX MONEY B.PK. BLVD. FROM MERCED AVE. TO SIERRA MADRE AVE. AND SIERRA MADRE AVE. FROM B.PK. BLVD. TO RAMONA BLVD. RES. NO. 65-48 ADOPT. BUDGET FOR EXP. OF FUNDS ALLO- CATED FROM ST. HIGH- WAY FUND TO CITIES Continued) BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.Z Í«Regular Meeting of the Baldwin Park City. Council March 17, 1965 Page 9 the major movement of Baldwin Park Boulevard into the Ramona-Sierra Madre intersection as this would then become a"T" intersection that would be easier to control than having a heavy intersection where the three legs come together at Pacific, Baldwin Park Boulevard and Ramona. I Councilman McCaron stated the Master Plan showed Baldwin Park Boulevard crossing the railroad tracks to the north side of Ramona Boulevard and he did not think this had ever been changed; that there was to be a parking district on the south side of Ramona Boulevard; that Baldwin Park Boulevard led into the heart of the business district and it should be continued on and completed according to the Master Plan; that this would eliminate the three way signal at the intersection of Maine and Ramona. City Engineer French stated at the time the Master Plan was developed, San Bernardino Road, which is on the north side of the tracks, was carried through as a Federal Aid Secondary route; that since that time the County and the cities to the east of Baldwin Park were getting San Bernardino Road off becoming a Federal Aid Secondary route and trying to down grade the street because they did not feel that it was good planning at this time; that they wanted to concentrate the traffic onBadillo and bring the traffic in on the south side of Ramona and carry it through and make the connection; that this would have a great effect on the Master Plan; that the budgeting of this money did not adopt any highway or any road plan, it only allowed the City to expend it and use it in acquisition of right of way and design; that the project could always be expanded; that there was not enough money to do the entire job anyway and there would have to be another budget approval. Councilman McCaron stated at the present time, in his opinion, Sierra Madre was adequate to Baldwin Park Boulevard and Baldwin Park Boulevard should be concentrated on to completion. Councilman Crites stated the Council had adopted the Baldwin Park Boulevard-Sierra Madre connection as a truck route and he was in favor of going ahead with this parti- cular part of it; that because the County and several other cities were involved in extending Badillo and making that improvement, that would take its own place in due time. There was further discussion. Mayor Morehead commented that perhaps this triangle might someday be developed to conform with Sterling Savings and Loan development.. COUNCILMAN MCCARON MOVED THAT RESOLUTION NO. 65-48 BE APPROVED AND FURTHER READING BE WAIVED. COUNCILMAN CRITES SECONDED. The motion carried by the following vote: RES. NO. 65-48 ADOPT AYES: COUNCILMEN MCCARON, CRITES, ADAIR, GREGORY AND MAYOR MOREHEAD NOES NONE ASSENT: NONE Councilman McCaron stated he would like to leave the thought that he was not giving up on the balance of Baldwin Park Boulevard and he would like to have this come up at some future time or the first opportunity that we have to apply for more funds. 00- BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.Z Í«225x., Regular Meeting of the Baldwin Park City Council March 17, 1965 Page 10 City Engineer French reviewed the Traffic Committee Re- TRAFFIC COMMITTEE port as of March 8, 1965, stating that there were two REPORT MARCH BY corrections on Page 2; that Section 3 a. should read Vineland 1965 Avenue in the county area has a speed limit of 35 miles per hour.", not 40 miles per hour; and that Section 3 b, should read The street within the referenced area has not been improved to its final width.", not has been improved Councilwoman Gregory commented that according to the RE OLIVE STREET recommendation of this report there should be an amendment made to the Ordinance 402) regarding Olive Street being 25 miles per hour instead of 35 miles per hour. Regarding Ordinance No. 402, City Attorney Flandrick stated this ordinance was listed for second reading under Unfinished Business this evening; that if this ordinance was amended, deleting the reference to Olive Street, it could not be adopted this evening. City Engineer French stated that Olive Street would have to be pulled ou, of the twenty-five miles per hour zone because it did not meet the residential standards set up by the State; that there would have to be a speed limit set on it making it twenty-five miles per hour instead of thirty miles per hour. City Attorney Flandrick stated to conform to the recommendation of the Traffic-Committee Ordinance No. 402, as introduced, could be amended by striking Subparagraph 3 of Section 3380 and then prepare a second ordinance decreasing the speed limit on Olive Street to twenty- five miles per hour. COUNCILWOMAN GREGORY MOVED TO TAKE OUT OF ORDER ORDINANCE NO. 402 AND TO AMEND ORDINANCE NO. 402 AS INTRODUCED BY STRIKING THEREFROM SUBPARAGRAPH 3 OF SECTION 3380 AS CONTAINED IN SECTION I OF THAT ORDINANCE. COUNCILMAN ADAIR SECONDED. Councilman McCaron asked if it was compulsory to make Olive Street twenty-five miles per hour. City Engineer French stated no, but if the Council wanted it to be twenty-five miles per hour it was compulsory to do this by ordinance. The motion carried by the following vote: AYES: COUNCILMEN GREGORY, ADAIR, CRITES, MCCARON AND MAYOR MOREHEAD NOES: NONE ABSENT: NONE City Attorney Flandrick stated that Ordinance No. 402 would be placed on the Council's next Agenda for adop- tion as amended. COUNCILMAN ADAIR MOVED THAT STOP SIGNS BE INSTALLED ON MERCED AVENUE AT MAINE MAKING THE INTERSECTION OF MERCED AND MAINE A FOUR WAY STOP. COUNCILWOMAN GREGORY SECONDED. The motion carried by the following vote: AYES: COUNCILMEN ADAIR, GREGORY, CRITES, MCCARON AND MAYOR MOREHEAD NOES NONE ABSENT: NONE MOTION MADE AND CARRIED TO TAKE CUT OF ORDER ORD. NO. 402 AND TO AMEND ORD. NO. 402 AS INTRODUCED BY STRIK- ING THEREFROM SUB- PARAGRAPH 3 OF SEC- TION 3380 AS CON- TAINED IN SECTION I OF THAT ORDINANCE MOTION MADE AND CARRIED THAT STOP SIGNS BE INSTALLED, ON MERCED AVE. AT MAINE MAKING INTER- SECTION OF MERCED AND MAINE A 4-WAY STOP 00- BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.Z Í«Regular Meeting of the Baldwin Park City Council City Engineer French reviewed his report on the fence problem as outlined by Mr. G. H. Rennison of 35261 Barnes, Baldwin Park at the City,Council*Meeting.of March 3, 1965 and stated there was no action required. In answer to a question by Mayor Morehead, City Engineer French stated that the subdivider's contractor and the sub- divider had been informed that prior to final approval of the improvement the bank must be protected to an adequate standard; that they would come up with the solution and he would determine if it was adequate. There was NO ACTION REQUIRED. 00- City Engineer French reviewed his report regarding the agreement with the Los Angeles County Flood Control District for engineering services on the 1964 Storm Drain Bond Issue which recommended that the City Council approve the agreement so that the dest-gn of the Storm Drain pro- ject can proceed. He stated that clauses that were objec- tionable in the first agreement had been corrected. COUNCILWOMAN GREGORY MOVED THAT THE CITY COUNCIL APPROVE THE AGREEMENT WITH THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR ENGINEERING SERV-ICES ON THE 1964 STORM DRAIN BOND ISSUE AND THAT THE PROPER OFFICIALS BE AUTHORIZED TO SIGN. COUNCILMAN CRITES SECONDED. The motion carried by the following vote: AYES: COUNCILMEN GREGORY, CRITES, ADAIR, MCCARON AND MAYOR MOREHEAD NOES NONE ABSENT: NONE 00- City Engineer French reviewed his report regarding the request of the Los Angeles County Engineer that the City of Baldwin Park, by resoluti.on, grant consent and juris- diction to the County of Los Angeles in the Matter of County Improvement No. 2290 which would allow the County to undertake sewer construction within the intersection of Ledford Street and Frazier Street within the City of Baldwin Park; that the proposed resolution would also give the County the jurisdiction to include a parcel of property at the intersection of Dalewood Avenue, Amar Road and Nolina Street as part of the improvement district; that the parcel of property was better served by the County as they would be constructing sewer lines adjacent to the property as part of this district and the property fronts upon a County street. City Engineer French read Resolution No. 65-49 by title as follows: RESOLUTION NO, 65-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY IMPROVEMENT NO. 2290 LEDFORD STREET AND OTHER RIGHTS OF WAY" March 17, 1965 Page II REPORT RE FENCE PROBLEM AS OUTLINED BY G. H. RENNISON OF 3526k BARNES, B.PK. NO ACTION REQUIRED PROPOSED AGREEMENT WITH L.A. CO. FLOOD CONTROL DISTRICT FOR ENGR. SERVICES ON 1964 STORM DRAIN BONG ISSUE APPROVED AND PROPER OFFICIALS AUTH. TO SIGN REPORT BY CITY ENGR. RE CONSENT AND JURIS- DICTION TO CO. OF L.A. IN MATTER OF CO IMPROVEMENT NO. 2290 WOULD ALLON CO. TO UNDERTAKE SEWER CONSTRUCTION WITHIN INTERSECTION CF L ED- FORD ST. AND FRAZ I ER ST. WOULD ALSO GIVE CO. JURISDICTION TO IN- CLUDE PARCEL OF PROPERTY AT INTER- SECTION OF DAL BNOOD AVE., AMAR RD. AND NOLINA ST. IN IMPROVE MENT DISTRICT RES. NO. 65-49 GRANTING CONSENT AND JURISDICTION TO CO. OF L.A. IN MATTER OF CO. IMPROVEMENT NO. 2290 LEDFORD ST. AND OTHER RIGHTS OF WAY Continued) BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.Z 1965 03 17 CC MINHÄ—@¸—.Z Í«Regular Meeting of the Baldwin Park City Council March 17, I965 Page 13 that it appeared the Planning Commission was' disappointed in the letter he wrote; that he just answered their request; that he had no idea what they had'in Mind; that it was stated that erosion and drainage problems would be solved to some extent; that drainage and erosion problems should be solved in their entirety when a subdivision was developed, otherwise who knows;, that notification of property owners within the 300 foot limit as per City Ordinance and why the Balkus Family was not notified was explained for the reason the name of Balkus was not in the City Assessment Records; that he wondered whose face became red when it was pointed out and proven that the name of Balkus was in. the Assessment Records. Who goofed; that'Mr. Ferguson was representing Areo Construction Company, told the Planning Commission of the property they plan to dedicate to the City in comparison of what was expected of the Balkus'; that he merely wished to say they were developing the tract, the Balkus' were not developing; that Mr. Ferguson pointed out to the Planning Commission that the rock planter in front of the Balkus property was a hazard; that he wished to state the planter was not in front of the Balkus property, it was on the Balkus property; that it.appeared the Planning Commission approved basically the same design that was rejected by Council on December 2, 1964; that he wondered how many of the Planning Commission have taken the time to examine the premises,they so ruthlessly recommended be condemned; not one of them had come that he knew of; that they recommended that developed property that had been developed for fifteen 15) years be con- demned in order that undeveloped property may be improved; and have they ascertained the extent of damage that would be done to his property and the hardships he would en- counter if he tried to.sell his house if thirty 30) feet of his property were condemned; that he would be violating the City Zoning Ordinance adopted June 1, 1964; that he, referred to Page 70, paragraph 3, subparagraph 2) per- taining to front yards;, that he would have a lovely front yard about 3 feet wi de.~ wi th a 3 story house; that referring to zoning, let us refer to Page 23, Section 9461, why does a proposed development require hardship on his part; let us refer again to Page 61 of Zoning Ordinance No. 357, Section 9534; that he could not live in his own house if thirty 30) feet of his property was condemned. He further stated it seemed that members of the Planning Commission were not cognizant of all the facts or what? he did not know; that he knew the City had a Master Plan; was it not assumed the Master Plan was a guide and merely a guide and he was positive that in various developments throughout the City it has not been adhered to; that if the County of Los Angeles had notified adjoining property owners of Tentative Tracts he was sure that Carol Park to the south and the Dunia Street tract to the north may have been developed differently; that it seemed as though both the Planning Commission and the developer were going out- side the blue lines of their plan, was this permissible? He stated he had the opportunity of this last Sunday afternoon March 14, 1965, to partially discuss the pro- posed tract with both Mr. Baker, the owner of the land, and Mr. Howard, the developer; that Mr. Baker stated before an extremely reliable witness that he honestly could not see why the Balkus property should be condemned; that he would be real happy to see a cul-de-sac against the Balkus property at the southerly extension of Dunia and that it should be protected; that when he asked him why not under- ground drainage and proper outlets on Harlan he said that would be all right and would be more economical than what was proposed; that Mr. Howard, the developer, came along; that he believed he kept a stallion at Mr. Baker's stable and he was riding that afternoon and entered the dis-• cussion; that Mr. Howard asked if he had ever entertained the idea of selling his property and he told him no, he had no intention of selling; that he liked lots of back yard; 2 55 Continued) BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«Regular Meeting of the Baldwin Park City Council March 17, 1965 Page 14 r r that it had its problems, annual battle of the weeds and so forth, but no one would refuse to sell if the price was right; that he stated he would contact me during the week after he looked at my property on the maps; that there had been no contact yet and then what he wondered. He stated he also wished to go on record at this time that he never had contacted any member of the City Council as regarding this tract; that there have been several court cases throughout the country ranging from the Atlantic to the Pacific as regards his problems and he was sincerely thankful that he lived in these United States of America. Mr. L. E. Ferguson, 4490 Cutler, Baldwin Park, stated he L. E. FERGUSON, had several answers to Mr. Balkus that he would prefer 4490 Cutler, B.Pk. to give him outside of this room, however he was not per- mitted to do that; that first of all he was up at his home this past Sunday along with Mr. Howard; that he failed to list him and he did not know why. Mayor Morehead stated he did not list me either but that was all right. Mr. Ferguson further stated that Mr. Howard did mention to Mr. Balkus that he might contact him but he could not say he made a definite promise that he would contact him; that in the first place concerning Exhibit C, they had submitted this map exactly as it was; that the Council had turned it down once before; that we" all know that Harlan and Dunia eventually will go through; that it might not be in our time but at one time or another it was going to go through there and we" are talking about some- thing that is going..to be permanent'; that Mr. and Mrs. Balkus' house, unfortunately, was not going to be permanent; that they(Subdivider) were asked to give up 28,000 square feet of this property for street purposes; that they had not balked on this a bit, they were per- fectly willing to do this; that they were only asking for a very, very small portion of the Balkus property; that they were not asking even that it be condemned only that this portion of land be reserved for future street; that they did not care, they would just as soon bring that street down and stop it.; that was fine with them; but they did not feel this was unreasonable for the Balkus' to dedicate a small portion of their land due to the fact that they were dedicating 28,000 feet; that this was a lot of land, five 5) lots, about $25,000; that if you" can compare that with a thirty 30) foot strip of the Balkus land he would say that Mr. Balkus had a good argument. He further stated, about being noti- fled, he would like to call out that the last time this tract was brought before Your Body", as the Council well knew, none of them was here to defend the tract and he would like to mention that they were not notified that the tract was going to be on the Agenda or they would have been present; that they had time, money and a lot of headaches invested; that perhaps this was not in the ordinance at that time, he did not know. Mayor Morehead stated, regarding notifying Mr. Ferguson, or any other member of the company that was involved in this property, it was not required by law or City ordinance; that you" as a developer, he thought, should know that any time that Planning released a tract such as this with a recommendation that it had to come before Council at its next regular meeting. City Attorney Flandrick stated this was correct; that it was a matter of State Law. Mr. Ferguson asked how long this law had been in effect. City Attorney Flandrick stated since 1951. Continued) BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«I Regular Meeting of the Baldwin Park City Council 225 7 March 17, 1965 Page 15 Mr. Ferguson stated he would like to put himself open for any questions that the Council might have. Mr. Jackson R."Baker, 13433 Benbow Street, Baldwin Park, JACKSON R. BAKER, stated that he had originally wanted to cut the property 13433 Benbow St., Lot 7) in the middle but a buyer wanted one hundred B.Pk. 100) feet off of the front end so it was done that way; that when the Balkus' bought a portion of) this property Mr. Mitchell cut this property up on his part; and concerning the roadway at Benbow and Harlan that Mr. Balkus and Mr. Mitchell and himself had a verbal agreement before the City Council ever put in a Master Plan on this road, that Mr. Mitchell was going to pave the street on Benbow; which he Mr. Baker) paid half of it to have it paved; that when Mr. Mitchell) cut the road down he was only supposed to drop it about two 2) feet but he got it about three and one-half 3) feet; that at the time they had the agreement Mr. Mitchell) said in order to get that done Mr. Mitchell and Mr. Baker) had to pave the street clear back up to Mr. Balkus' property, which was about 8 to 12 feet, which he" did; that the pavement was still there to prove it; that was so that he could have a right-of-way out of his property onto Harlan; that when Mr. Mitchell put it in he left a little place curbing on driveway approach to Mr. Mitchell's property) out in the middle of the street, Mr. Mayor you saw it, and I asked Mr. Mitchell why he left that little place out in the middle of the street there and he said that the County, at that time, compelled him to do that on account of the end of the street and he was supposed to put that in which was a very bad thing to do but yet he paved on across it so that he would have a roadway out of his place; that everything was O.K..with Mr. Balkus at that time to cut that off; that it was about five or six years later when Mr. Balkus decided, which they did get on this piece of property permission, to put that in for a drain off of Benbow Street so that he could put that street in up to his house; the street came in and when the Master Plan came in I suppose they take that street and they cut it through which it was on the other side and the other street was in at that time and the drainage off of that we gave permission so that he could take that and drain down Harlan; that Exhibit B the City Council and the Planning Commission before had passed this one or two times, practically the*same thing, 100%, and yet they say we have a water problem which we did have a water problem on the north side of the piece of property there that runs back underneath the high line, but we have never had a water problem on this piece of property and the Engineer when he goes out to the property will find out that the water that comes down Harlan will turn off and go out back of the barn; that he had taken pictures before of that when there was a flood which they did have water up there, but that water from that street Dania extension) over his property will not cause any more water because the water can never hit the curb up over this cul-de-sac; this property was turned down because of the water, then we tried to pass it on another way and Mr. Balkus said water comes along that place; that it looked to him that there wouldn't be any more water than 120 x 60 foot would cause; that concerning that street there he did make the statement that they could leave that like that if they wanted to because if Mr. Balkus ever wanted to develop his property he would have to give it; that it would save the City a lot of expense and as far as traffic most of the people that live in that neighborhood did not want that street to go through; that they had an easement on this other property shown down on the bottom of the map; that there were nineteen houses with no way for street and no way but from Center to get in on; that they had to take one lot out through that; that they bought this lot that goes through and now if they wanted to really make something why didn't they put a lot through that let that man run a lot and cut that street off when you've got Continued) BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«Regular Meeting of,the Baldwin Park City Council March 17, 1965 Page 16 Los Angeles Street that comes in on Harlan; that there was all of that property clear to Los Angeles with no way out over private property and yet this proposition and this map had been going now since 1959 and what they have always hollered about is water drainage on it, they didn't holler about the map at all and we've never had that water problem up there. Councilman McCaron stated he would like to ask Mr. Balkus a question; that it would appear that some time in the future if it went through as a cul-de-sac as presently suggested that Mr. Balkus did develop his property in the future he would have to dedicate the full width of sixty 60) feet. Mr. Balkus stated that was true. Councilman McCaron stated with all of these problems that appear to be here at the present time on this he did not know whether it was legal or not but he wondered if this could be referred to a committee to resolve this between the parties and have all of the problems' resolved and bring it back to the Council if the applicant asked for an extension of time. City Attorney Flandrick stated yes if the applicant was willing to grant an extension of time; if not, the Council must act on this tonight either in favor of or in opposi- tion to and, for the record, the document on the board marked Exhibit B was the staff recommendation by the City Engineer and the City Planner and reference has been made to it earlier; that reference has been made to apparently what was thought was a requirement of dedication from the Balkus' and he was sure that'the Council was aware that this was not possible; that the Balkus' could not be forced to dedicate without payment of just compensation. Mayor Morehead said to Councilman McCaron, in answer to his question, the way he felt about this tract, wos that this had been pending off and on since 1959 prior to his being on this Council; that it had been before his atten- tion about three times and various Planning Commissions over a span of five or six years, various Planning Directors and various members of the Council had looked at this and up to this point, nothing had been resolved or approved and at this point he did not think that there was any committee that could come up with anything that was going to satisfy Council or the developer the way the developer wanted to have this done; that, in his opinion, he did not think any committee except this Council could solve this tract and he thought this tentative tract should be solved tonight. Planning Director Chivetta stated he had a prepared state- ment on the Director's recommendation to the Council if the Council would care to hear this statement. Mayor Morehead stated he was going to ask him for his professional opinion although he knew he had only been with the City two or three weeks but he was going to ask him what he knew about it and he also asked him some time ago to make a thorough study of this so that he could give at least me his professional opinion and if he was prepared, to go right ahead sir. Planning Director Chivetta stated that tonight the Council was faced with a tentative subdivision map which affected a substantial property right, a right to develop a person's property as he or she saw fit; but this right did not grant to the property owner the right to delete those improvements necessary to good subdivision design; that was circulation; that proper planning for the correction of defects in existing street systems or in the planning or extension of street systems Continued) BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«Regular Meeting of the Baldwin Park City Council required careful consideration and a clear appreciation of the functional differences and relationships between streets and zones they serve; that it was known that a functional street pattern was more suitable than an ill- suited pattern, thus it was evident that an ill-suited pattern would create problems of: 1. Poor circulation. 2. Inefficient emergency service. 3. An inbalance on the demand for street use in the area; that I I in most urban areas, circulation was two-fold, that was, through circulation or circulation without a destination, Exhibit C" as submitted by the applicant was a prime example of the latter; that the Department recommendation entitled Exhibit B" relates to the former; that although Exhibit B" forms only a small part of the entire street system needed for the area, the importance to the overall circulation plan for the area is of major significance and must be viewed in that respect; that in short, a community with a realistic approach to the circulation problem can avoid costly mistakes and waste by taking action in favor of a logical overall pattern of circula- tion for the area; that inasmuch as the Department recom- mendations were based on'the statements mentioned, he could not stress strongly enough the approval of the Department's map entitled Exhibit B" by your Honorable Body, which will obtain the most logical street pattern that was possible at this particular time. Councilman McCaron asked, if on Exhibit B,was Benbow Street, a fifty 50) foot street at the present time. Planning Director Chivetta stated that Benbow would actually vary from fifty 50) feet of right-of-way to thirty 30) feet in some parts; that the frontage on the subdivision was approximately thirty 30) feet of dedication, as the applicant was proposing on his map as Exhibit C; that this new map might be incorrect in some respects because it was taken off of a paper map that was not an actual survey as far as Benbow was concerned so the dimensions might be in variance with the actual dedication proposed by the subdivider. Councilman McCaron asked if it was possible to put the drainage from Dunia from the cul-de-sac on through. City Engineer French stated yes, the applicant, as part of his approved plan, would design and also construct adequate drainage facilities. In answer to Councilman McCaron's question to applicants reaction to Exhibit B, Mr. Ferguson requested permission to approach the blackboard and wall map for an explanation. Mr. Ferguson went up to the map and blackboard and indicated the map submitted and stated their plan showed that they were going to improve the street 8 ft. here"; area adjoining property to the west) that this was nothing more than a driveway approach; that it was the only access to Benbow Street for the 3 houses on the rear of the Baker property) and if this plan were even considered by Council and if we were giving 30 feet here for street purposes, Mr. Balkus would still have to dedicate a portion of his land and that Mr. Balkus made it very clear to the Planning Department that he had no intention of dedicating; that this rock garden) would be sticking out obstructing traffic and that would even be more of a hazard than it was now; that he wanted to make it understood too that in addition to the 28,000 feet that they already had to dedicate,Exhibit B proposed the taking of an additional Continued) BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«Regular Meeting of the Sal t').l'Mk City Council March 17, 1965 2260 Page 18 5,000 feet or even more; and that was another lot; that lot could be the success or failure of the tract as far as they were concerned financially, it would Just take all of the profit out of it• that he was not saying that this rlas not a better plan, but was only saying that this plan did not concur with the Master Plan; that if we were not going to go with the Master Plan it was of no value and Baldwin Park spent a lot of money to get it; that this, rock garden) as I have explained, would be a terrible hazard; that it would be sticking out there like a sore thumb; that Mr. Balkus also indicated in his letter to the Planning Commission that he would certainly express his rights if he were annoyed or in any way damaged by the developer; that he would like very much to request that the letter be read. Council indicated they had copies of the letter.) Mr. Balkus also requested permission to approach the map and the blackboard wherein he pointed out his property and the 8 foot easement. to Senbow) He sketched the Location of Harlan,- his driveway and rock.gerden. He stated when his property was developed whatever they had to do to satisfy the City requirements they would do; but he did not know when that would be; that this rock garden) was on his property; that he paid taxes on it, and owns it; that Mr. Ferguson kept reiterating the property alone for streets they were going to dedicate; that they were developing the property, he was not; that if they were ever to develop they would have to dedicate substantial amounts of the land to the City; that he was considering the possible dedication of the Harlan portion but could not give a definite answer at this time as he did not know the exact area of land involved. He did know that as of right now his property was being jeopardized by the proposed development in the manner in which it was being proposed to be developed; that he would like to see it developed and he had already gone on record as wishing to see it developed but he could not see his property jeopardized. Councilman McCaron stated it would appear that at the pre- sent time if the tract was approved as per Exhibit B and if after the development was in that if the corner of the property was a hazard to where it did create some accident then that question would have to be resolved and it would require a condemnation; however, it did not appear that it was affecting anything at the present time and it possibly could remain until such future time as the Balkus property was developed and Mr. Balkus had stated he would dedicate the full width of the street instead of just half of it which would become necessary; that Mr. Balkus realizes what his responsibilities in that particular instance would be; that according to this map it appeared that just a small portion of the corner would be necessary to round it out; that this might not have to be rounded out for traffic purposes to the full width because this would also take in parking and sidewalk area; that for actual traffic lanes it might not even bother but if it did then Council should consider the fact that some of it may have to be taken; that as far as Exhibit B was concerned it appeared to be the best; that the circulation was one thing that always should be looked forward to in any development and of course drainage in this case because this drainage is from Olive Street, and even drains down and also hits Dunia because of the slope of the terrain in general; also there is possibly water at the present time that comes down Dunia and passes over Lot 15 and also possibly over the back end of the Balkus property; that water hydrants may present a problem depending upon the water district in the area. Mrs. J. L. Morgan, 46031 Center Street, Baldwin Park, MRS. J. L. MCRGAN, stated she owned the property on Grace; that they" 4603k Center St., 8.1 Continued) BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«2261 I Regular Meeting of the Baldwin Park City Council March 17, 1965 Page 19 wanted this street to go on through and open out to Benbow. Mayor Morehead asked who she had reference to by they". Mrs. Morgan said the property owners between her house and Benbow. Mr. Balkus stated that the rock garden had been there for a number of years now and there had never been an accident there and he had never seen any skid marks. Mr. Bill Howard, 4470 Cutler, Baldwin Park, stated he thought MR. BILL HONARD, anyone would agree that Benbow and Harlan would go through; 4470 Cutler, B.Pk. that he wanted it on record that Areo or anyone associated with it did not want to condemn the Batkus' property; that their original plan was in the 8 ft. to bring Dunia down and deadend it, barricade it and put a covered drain around to Benbow and let the water go on down Harlan; that this would not affect the Balkus property in any way; that their house sets back 42 feet from the property line and there were chances the house will some day come down; that there were quite a few streets in this town where eventually the street will go on through but they just deadend them and put up a barricade; that they could put in a covered drain to eliminate the water problem; that 20 some houses would be on the cul-de-sac. Mr. Balkus stated, in response to Mr. Howard, that deadend to him meant to him no curb, no retaining wall, the pavement ends, there would be a barricade, but the water was going to erode into his soil; that was what he was protesting; that Mr. Baker mentioned cul-de-sac and Mr. Ferguson mentioned cul-de-sac; that a cul-de-sac had a curb; that he had agreed that when his place was developed he would assume the responsibility, of the full width of Harlan but he simply could not see a deadend. Mayor Morehead asked Mr. Howard if when he mentioned a dead-end street if he had in mind a cul-de-sac. Mr. Howard stated he had in mind a dead end with a barricade, a berm and a drainage ditch; that no water would get on the Balkus' property. Councilman McCaron stated the street straight through possi- bly might be to Mr. Balkus' benefit because if there was a cul-de-sac placed there and in the future if.he extended the street on through he would also be required to straighten out the cul-de-sac, which was going to be required in this case where Norco was going through. Mr. Howard stated that was one reason he brought that up because they were running into to two of them which they were going to have to take out and it was going to cost quite a bit. Councilman McCaron asked if Mr. Balkus should went to develop his property was there any way where he could develop it and have access to it the way he was without dedicating the street. City Attorney Flandrick stated no, not if the development was by lot split or subdivision; that if the house were demolished and he wished to build a single family dwelling he Gould do this without dedication. Mr. Ferguson stated he would like to address a question to Mrs. Morgan; that as he understood she was referring to the cul-de-sac on Grace Street in the new tract, not Norco; that there was a house obstructing future development of Norco. stirs. /organ stated Mr. Mitchell, when he built, had left rocm between two houses to allow room to go on through to Benbow. Continued) BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«Regular Meeting of the Baldwin Park City Council March 17, 1965 Page 20 Mayor Morehead stated Council was aware that there was one property between the north end of that cul-de-sac Norco) and Benbow. Mr. Baker stated he held a fifteen 15) foot easement over the north side of Benbow. Councilman Adair asked City Engineer French about the drainage on the dead-end street. City Engineer French stated what was being referred to was the same thing as a curb only made out of asphalt; that this could-be constructed on the end and the water could be channeled through a collector or catch basin and pick up the water at the end of the street whether it was squared off or made smooth; that the manner of collecting the water could be done either way. Councilman Crites stated, in his opinion, the subdivider did not have the right of eminent domain and the right to comdemn private property for his benefit. City Attorney Flandrick stated that was correct; that he thought what the Planning Commission had reference to was asking the Council to inititate the condemnation proceed- ings. Councilman Crites stated but if this was the thing to have the street in here with the dedication; then it turned out to be a public hazard then it was City property; that the City did have the right of condemning property. City Attorney Flandrick stated if he understood Mr. Howard's comments, or whoever made the comment, the small corner marked 4625 on Exhibit B was the Backus' property, and, as he understood, the comment was that if that turned out to be a traffic hazard, if this map were approved and construction took place, that he would apparently either dedicate it or the City would condemn it so as to eliminate it; that Exhibits B and C were both identical in that respect and if the map were approved and if the small corner turned out to be a traffic hazard, if the question was could you condemn it, the answer would be yes sir, you could. Councilman Crites asked what was the immediate action involved now? City Attorney Flandrick explained the subdivider had sub- mitted a tentative tract and for convenience it had been labeled Exhibit C; that this was practically the same map, substantially that was rejected by the City Council in December, 1964; that the map had been resubmitted by the developer, and it had passed through the staff and the Planning Commission; that the Planning Commission had recommended it be approved subject to the acquisition of the right of way for the continuation of the streets over the Balkus property and the Council's action tonight would be to either approve Exhibit C or Exhibit B or a combina- tion of the two with whatever conditions the Council would impose or to reject Exhibit C; that the problem was that there was a time limit established by State Law that the Council must act within 30 days or at the next meeting after the Planning Commission meeting. In answer to a question by Councilman Crites, Mr. Baker stated on Benbow from 150 feet back off of Center Street clear back) was all his; that he owned a 5 ft easement back on the north side off of Center, north 5 feet on Lot 7, in between those houses for a water line or a sidewalk if he ever wanted to put one in. Councilman Crites asked if there would be,a possibility of fencing us" the City) out of City property. Continued) BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«Regular Meeting of,the Baldwin Park City Council City Attorney Flandrick stated no, that it was his under- standing, the reason he indicated that answer, that this area was subject to a series deed restrictions and to eliminate that would take the con- sent of all property owners in this area. Councilman Crites indicated he was favorable to Exhibit B rather than Exhibit C. Mayor Morehead indicated from his recent studies he personally liked this design Exhibit B) rather than C"; that he was not interested in condemning the Balkus' property; that Balkus' property had nothing to do with this development; that if Mr. Balkus decided to dedicate the small portion, where the rock garden was, free of charge to the City and the developer would develop this knuckle that would be satisfactory; that he,wquld consider that, but as far as the Balkus' putting a price on this or causing the City to condemn it he certainly would not con- sider it. He asked if the dedication, requirementin.green on the map was fifteen 15)'feet. Planning Director Chivetta stated it should be thirty 30) feet, There was further discussion regarding width of Benbow; that Mr. Baker owned I of Benbow from 150' off of Center) and possible dedication of Balkus corner and circulation. Mayor Morehead again stated he would consider this particular map right there Exhibit B) and he would certainly hope that the Balkus' voluntarily would get into the picture to help improve that knuckle; that it would also give them better ingress and egress off of Harlan but that's entirely up to the Balkus', Councilman Crites asked Mr. Baker if he would accept this Exhibit B. Mr. Baker stated could not see why he should have to give an extra lot which he did not think would do much more for the right-of-way for the road to go up through Norco)) that he did not see why that little street would have to go on in there. Councilman Crites asked Mr. Ferguson if he would accept Exhibit B. Mr. Ferguson stated they might just as well go up there and spin their wheels"; however they could consider some- thing possibly alternate to that. Councilman Crites stated there were only two plans before the Council and asked Mr. Howard if he would accept Exhibit B. Mr. Howard stated that if the seller wartted to khock $5,000.00 off of the price of his land he would accept it, but it still did not answer the circulation problem. Councilman McCaron commented further regarding appointing a committee to resolve the problems. Mr. Howard commented they were just one of several developers that had attempted to develop this piece of property; that according to their understanding the last time the map was denied was because of a water Problem. Discussion regarding water problems being resolved, however there was circulatioc problem, 2'63 March 17, 1965 Page 21 Continued) BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«Z'54 Regular Meeting of the Baldwin Park City Council March 17, 1965 Page 22 Mr. Baker stated this same map that you have out here Exhibit C) has been turned down by the City Council before; that at the time they turned it down there they said it was water trouble; that was why the same plan was turned back in because there was nothing said about the plan at that time. Mayor Morehead asked Mr. Baker, Mr. Ferguson and Mr. Howard if they agreed to continuing this for a period of thirty or sixty days if they thought that a bettor plan could be designed to where it would meet the City specifications. Mr. Howard stated that plan Exhi.bitC) was almost identical to the Master Plan; that as far as extending it for thirty or sixty days he would not have any objections, but he did not see where thirty or sixty days would change the picture. Mayor Morehead stated before this could be continued past tonight the applicants would have to agree with the City to do that. Mr. Howard stated Mr. Baker had been a fairly patient man up to now but as far as he was concerned it would be up to him. Mr. Ferguson asked if they could perhaps at the next regular meeting present a plan that would be reviewed and receive Council comments on it. Mayor Morehead stated at the next regular meeting there were several public hearings and there might not be time to discuss it at that time; that he would certainly consider it any time after that so it is in their hands; that they had to agree to the extension otherwise the Council had to make a determination this evening according to law. Mr. Howard stated he had run that piece of ground all over many pieces of paper trying to come up with some different plan on this and he did not see where they could come up with a much different plan; that he did not agree that the City should condemn the Balkus property. Mayor Morehead stated to the Council that it was in their hands. Councilman McCaron asked if he was led to understand that the applicant did not wish an extension. Mayor Morehead stated that was his understanding. Councilman McCaron stated he would like to hear him say it; that he does not want an extension of time. Mr. Baker stated that was right. Mr. Howard stated if there was anything that he could see where we could work something out on it he would say yes, but he did not see where they could change it much; that there was just sq much ground there and so there's only so much one can do with it; that a lot of time had been spent trying to come up with a different plan. Mr. Baker stated he could not see where that one road through there Norco) was going to help it any. Councilman Crites stated it seemed to him that Exhibit B would not be in conflict with the City Master Plan but would not allow the same thing on the abutting Balkus property Plan C would; that the only difference would be the extension of Norco. Continued) BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«Regular Meeting of the Baldwin Park City Council Councilwoman Gregory asked as with`a cul-de-sac or berm? Councilman Crites stated he did not see that that had any importance in this particular matter because if it was the berm situation it could allow the extension at a later date; that possibly that should be included. COUNCILMAN CRITES MOVED TO APPROVE TRACT 30159 ACCORDING TO PLAN B EXHIBIT B), Mayor Morehead asked if Mr. Crites' motion was in order. City Attorney Flandrick stated yes; that if the motion carried he would prepare a resolution and submit it to the Council tonight; that the resolution would formulize the specific conditions concerning the approval. COUNCILMAN MCCARON SECONDED. The motion carried by the following vote: AYES: COUNCILMEN CRITES.. MCCARON, ADAIR, GREGORY AND MAYOR MOREHEAD NOES NONE ABSENT: NONE 00- City Clerk Balkus presented a letter from Mr. L. E. Ferguson, Areo Homes, Inc., 14022 East Ramona Blvd., which stated Reference to appeal of Plumbing Code, Chapter 1101, Sections D and C and to adopting Chapter 1101, Section B, in this particular case the project is 13230 Waco. This matter concerns interpretation only." Mr. L. E. Ferguson, 4490 Cutler, Baldwin Park, stated there was no access to this property except through an easement; that they were requested by the Building Department to hook up to the sewer on Waco Street and extend it down this easement to take care of this one house; that the house immediately to the west was on a temporary basis; that he was assuming that the City was going to provide or see that sewers were provided in this street; that he was told that there were no sewers in Dart Street; that their argument was that the new home fronts this new street and we should be granted use of temporary measures for sewers until such time as there are sewers available in the new street. He read Paragraph 8, Section 1101 of Uniform Plumbing Code. the 1961 Edition of In answer to a question by Mayor Morehead, Mr. Ferguson stated he had provided a stub out in the front of the house; that if he measured from his stub out to the nearest sewer system it would be approximately 240 ft. Discussion followed wherein Building Superintendent Kalbfleisch stated from the dwelling to the property line was 142 ft. Building Superintendent Kalbfleisch reviewed his report on this matter, dated March 11, 1965. He stated,in his opinion, from now on the City should require in all of the lot splits to either be connected to sewers or complete with septic tank and.cess pool; that there should be a cash deposit for any future sewers within this street put up at such time as the construction of the new property if the City was going to allow septic tanks and cess pools within the subdivision. March 17, 1965 Page 23 APPEAL PLUMBING COD E MR. L E. F ERGUSON, AREO HOMES, INC., RE 13230 WACO MR. L. E. F ERGUSON, 4490 Cutler, B.Pk. Continued) BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«2->66 P.0 Regular Meeting of the Baldwin Park City Council March 17, 1965 1 Page 24 Discussion followed. wherein Bui.lding Superintendent Kalb'fleisch stated one-half of the street was in; that the Plumbing Cpde,,di d not require an outlet to be placed at-the front pf<,tho house; that further- more there was an easement provided foil utilities within that 16 ft. out to Waco Street; th~# it as the intent to connect up at some future date!'1f it Was developed before the sewers were available. Councilman McCaron asked if the future street was connected to an outlet. Mr. Ferguson stated no, it was not that this. future street was supposed to connect with Dart;,that there was no sewer in Dart at this time. City Engineer French stated there were no sewers in this street and no sewers put in Dart under the assessment district but that did not mean that when this area was developed that sewers would not be put in there; that the sewer service wasn't put in as far as the houses probably because the street wasn't completed and develop- ment still had to take place. Council discussion followed that this property was assessed in Sewer District No. 2; that at the time the lot split was made it was the intention that the easement was to take care of the facilities; that those were all understood items and the development should be done accordingly. Mr. Jerry Hammond, 4046 Puente Avenue, stated he was not MR. JERRY HAMMOND, really involved in this but he knew the problem quite 4046 Puente Ave., well because he had worked on this property himself a B.Pk. few years ago and asked if there was a sewer assessment on this shouldn't the City be required to put in this for Mr. Ferguson. Mayor Morehead stated no, that was his own hookup to property he was developing; that he was going back 142 feet. Mr. Hammond asked shouldn't, the City put the sewer in street for him if it has been assessed. Mayor Morehead stated no, the sewer line was in Waco Street now. Further discussion followed. Mrs. James Gibson, 13268 Francisquito, Baldwin Park, MRS. JAMES GIBSON, asked if Dart was a City approved street. 13268 Francisquito, B.Pk. City Engineer French stated it was a dedicated City street. Mrs. Gibson asked then wasn't it up to the City to put the sewer in down that street? Mayor Morehead stated no. Further Council discussion followed. City Engineer French stated Subparagraph C of Chapter 11 of Section 1101 handled the problem of this lot split and read it. COUNCILMAN MCCARON MOVED THAT SUBPARAGRAPH C OF CHAPTER MOTION MADE AND II OF SECTION 1101 OF THE 1961 EDITION OF'THE UNIFORM CARRIED THAT SUBPARA- P LUMB I NG CODE) APPLIED TO THE SITUATION POSED BY MR. GRAPH C OF CHAPTER I I FERGUSON'S REQUEST AND THAT THERE IS A PUBLIC S BNER WITHIN OF SECTION 1101 OF 200 FEET AND THEREFORE IT IS REQUIRED TO CONNECT TO THE THE 1961 EDITION OF SAME AND NO PRIVATE CESS POOL WILL BE PERMITTED. COUNCILMAN THE UNIFORM PLUMBING CRITES SECONDED. The motion carried by the following vote: CODE) APPLIED TO SITl' Continued) Continued) BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«I Regular Meeting of the Baldwin Park City Council AYES: COUNCILMEN MCCARON, CRIT ES, ADAIR, GREGORY AND MAYOR MOREHEAD NOES: NONE ABSENT: NONE Mr, Ferguson asked if he had any further appeal. City Attorney Flandrick stated no, that the Council's determination was final and conclusive. 00- AT 10:38 P.M. COUNCILWOMAN GREGORY MOVED THAT THE CITY COUNCIL RECESS FOR TEN MINUTES. COUNCILMAN ADAIR SECONDED. There were no objections, the motion carried and was so ordered by Mayor Morehead. 00- City Clerk Balkus read Ordinance No. 403 by title as follows: ORDINANCE NO. 403 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 9610 OF THE BALDWIN PARK MUNICIPAL CODE, RELATING TO USES PERMITTED I N THE C-2 ZONE CASE NO. AZC-11; CITY INITIATED)" COUNCILMAN ADAIR MOVED THAT ORDINANCE NO. 403 PASS SECOND READING AND BE ADOPTED AND FURTHER READING BE WAIVED. COUNCILWOMAN GREGORY SECONDED. The motion carried by the following vote: AYES: COUNCILMEN ADAIR, GREGORY, CRITES, MCCARONAND MAYOR MOREHEAD NOES NONE ABSENT: NONE 00- City Clerk Balkus read Ordinance No. 404 by title as follows: ORDINANCE NO. 404 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK RENUMBERING SECTION 3153 RELATING TO FEES, SECTION 3153.1, AND AMENDING SECTIONS 3153.1 AND 3157 OF THE BALDWIN PARK MUNICIPAL CODE, RELATING TO FIR&NORKS PERMITS" COUNCILWOW'IAN GREGORY MOVED THAT ORDINANCE NO. 404 PASS SECOND READING AND BE ADOPTED AND FURTHER READING BE WAIVED. COUNCILMAN ADAIR SECONDED. The motion carried by the following vote: AYES: COUNCILMEN GREGORY, ADAIR, CRITES, MCCARON AND MAYOR MOREHEAD NOES NONE ABSENT: NONE 00- City Clerk Balkus presented the letter from the Baldwin Park Employees Association dated March 8, 1965, stating that the Association, by majority vote of its membership, had elected the following persons to be members of the Personnel Board: Harry Bushmiaer, 1235 S. Robin Road, West Covina and Frank Campuzano, 3327 N. Vineland, Baldwin Park. Continued) F 226 7 March 17, 1965 Page 25 TION POSED BY MR. F ERGUSON'S REQ. AND THAT THERE IS A PUB- LIC SEWER WITHIN 200 FT. AND THEREFORE IT IS REQUIRED TO CONNEL TO THE SAME AND NO PRIVATE CESS POOL WILL BE PERMITTED RECESSED AT 10:38 P.i RECONVENED AT 10:48 P.M. ORD. NO. 403 AMEND I NG SECTION 9610 OF B.PK. MUN. CODE, RE USES PER- MITTED IN C-2 ZONE CASE NO. AZC-1 I CITY INITIATED) ORD. NO. 403 PASSED SECOND READ- ING AND ADOPTED ORD. NO. 404 RENUMBERING SECTION 3153 RELATING TO FEES, SECTION 3153.1 AND AMENDING SECTIONS 3153.1 AND 3157 OF B.PK. MUN. CODE RE FIRBNORKS PERMITS ORD. NO. 404 PASSED SECOND READ- ING AND ADOPTED PERSONNEL BOARD B.PK. EMPLOYEES ASSOC. ELECTED HARRY BUSHMIAER FRANK CAMPUZANO BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«2? C Regular Meeting of the Baldwin Park City Council March 17, 1965 Page 26 The Council decided to proceed with their selection of Personnel Board members at an Executive Session to be held following the regular meeting. 00- Councilwoman Gregory asked that it be found out if Baldwin RE FREEWAY Park would be acknowledged as far as freeway signs when IDENTIFICATION SIGNS the new freeway was completed and what identification would be used for Ramona Boulevard and Los Angeles Street. City Engineer French stated he doubted if they had anymore than tentative names at the present time; that he had seen a rough layout of the interchange area and they indicated Ramona Boulevard; that the City Staff would review the plans; that it generally was not too hard to get another name put on the signs at the stage of plan development. Discussion of possibility of changing the name of Ramona Boulevard to San Bernardino Road; that the Council had tentative plans to create a Traffic and Safety Commission; that Badii to changed to Ramona Boulevard in the downtown section; that timing was important as far as getting changes to businessmen in time for new telephone directories and other programing. As there were no objections, Mayor Morehead stated the COUNCIL INSTRUCTION matter of considering name changes and freeway identifica- tion signs would be held over until the Traffic and Safety Commission was created and let them work on this. As there were no objections, Mayor Morehead asked City COUNCIL INSTRUCTION Engineer French to write to Mr. Wade and obtain an indication from him as to whether or not his Department has any idea as to what the streets will be called, with a copy of the letter to the City of El Monte. Discussion followed as to whether or not Ramona Boule- vard was called Ramona Boulevard or San Bernardino Road in El Monte wherein Chief Administrative Officer Nordby stated he was of the opinion that it was Ramona Boule- vard in El Monte. 00- Councilwoman Gregory asked the Council to reconsider RE HOTEL AND MOTEL their previous thoughts on hotel and motel bed tax; BED TAX that she thought there was something pending that if the Council took no action in establishing this that the State will because of legislation, absorb this tax from our town. Discussion followed. City Attorney Flandrick stated that the bill now pending states that any City that had not established a bed tax by a certain date, January I, 1966, he thought it was, that the State would impose a 4% bed tax to the exclusion of cities that, of course, this could always be amended to the exclusion of cities; that Bud Carpenter had recommended that cities adopt a bed tax ordinance to prevent the State from taking over this source of revenue. Discussion followed regarding an effective date wherein City Attorney Flandrick stated it shouldn't be effective before December 31, 1965, anyhow because of the licensing procedure. As there were no objections, Mayor Morehead instructed the City Attorney to prepare a proper ordinance for the next Council Meeting. 00- BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«Regular Meeting of the Baldwin Park City Council Councilman Crites stated In the case that Exhibit B of Tentative Tract No. 30159 was accepted by the developers.. and promoters with Norco Street going through, considering its lineup he would recommend a name change on that to make it"coincide with Grace all the way down; that there were only three houses involved now and there will be four more now. As there were no objections, Mayor Morehead stated this would be considered at such time as it was developed. 00- Mayor Morehead presented a letter from Sam Cianchetti, Jr., Chairman of the Board of Zoning Adjustments, dated March t6, 1965 tendering his resignation. Mayor Morehead stated he had telephoned and asked Mr. Cianchetti if he would serve until the Council could provide a relief and he stated he would be most happy to. There were no objections. 00- City Attorney Flandrick read in full proposed Resolution No. 65-51 entitled: RESOLUTION NO. 65-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A REVISED TENTATIVE TRACT MAP FOR TRACT NO. 30159 APPLICANT: AREO CONSTRUC- TION COMPANY; ENGINEER: T. R. BOUSMAN)" Discussion followed that Dunia was to be a dead end opposed to a cul-de-sac with a concrete berm. COUNCILMAN CRITES MOVED THAT RESOLUTION NO. 65-5I BE APPROVED AND FURTHER READING BE WAIVED. COUNCILMAN NCCARON SECONDED. The motion carried by the following vote: March 17, 1965 2269 Page 27 RE STREET NAME CHANGE NORCO STREET TO GRACE TO BE' CONS IDERED AT SUCH TIME AS TRACT NO. 30159 WAS DEVELOPED LETTER OF RESIGNATIC SAM CIANCHETTI, JR. CHAIRMAN, BZA RES. NO. 65-51 APPROVING REVISED TENT. TRACT MAP FOR TRACT NO. 30159 APPLICANT: AREO CONSTRUCTION CO.; ENGR. T. R. BCiJSMAN) RES. NO. 65-5I ADOPTED AYES: COUNCILMEN CRITES, MCCARON, ADAIR, GREGORY AND MAYOR MOREHEAD NOES NONE ABSENT: NONE 00- i Councilwoman Gregory asked about the Beverly Hills Resolu- RE BEVERLY HILLS RES tion 3295 concerning a 1% State Telephone Tax. 3295 RE 1% STATE TELEPHONE TAX City Clerk Backus stated this was placed in the Council's Agenda folders in the event that they wished to,consider it. Discussion followed. The Council instructed that the Chief Administrative Officer COUNCIL INSTRUCTION prepare letters expressing the thoughts of this resolu- tion to be sent to Johnson,'Soto Burns, Reese, Brown, Unruh, Bud Carpenter and-ot'her appropriate persons); that these letters be written'so that each of the Council members would sign and send them individually. 00- BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«RcCulcr Meeting of the Baldwin Park City Council City Clerk Balkus read Resolution No. 65-4--f by title as follows: RESOLUTION NO. 65-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDW I N PARK" COUNCILWOMAN GREGORY MOVED THAT RESOLUTION NO. 65-44 BE APPROVED AND FURTHER READING BE WAIVED. COUNCILMAN CRITES SECONDED. The motion carried by the following vote: AYES: COUNCILMEN GREGORY, CRITES, ADAIR, MCCARON AND MAYOR MOREHEAD NOES NONE ABSENT: NONE 00- City Clerk Bal.kus read Resolution No. 65-50 by title as follows: RESOLUTION NO. 65-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDW I N PARK" COUNCILMAN MCCARON MOVED THAT RESOLUTION NO. 65-50 BE APPROVED AND FURTHER READING BE WAIVED. COUNCILWOMAN GREGORY SECONDED, The motion carried by the following vote: AYES: COUNCILMEN MCCARON, GREGORY, ADAIR, CRITES AND MAYOR MOREHEAD NOES: NONE ABSENT: NONE 00- City Clerk Balkus read Ordinance No. 405 in full entitled: ORDINANCE NO. 405 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 9610 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO PERMITTED USES IN THE C-2 ZONE CITY INITIATED CASE NO. AZC-I2)" COUNCILMAN MCCARON MOVED THAT ORDINANCE NO. 405 BE INTRODUCED. COUNCILMAN CRITES SECONDED. The motion carried by the following vote: AYES: COUNCILMEN MCCARON, CRITES, ADAIR, GREGORY AND MAYOR MOREHEAD NOES: NONE ABSENT: NONE 00- AT 11:40 P.M. COUNCILMAN MCCARON MOVED THAT THE CITY COUNCIL ADJOURN TO AN EXECUTIVE SESSION. COUNCILMAN ADAIR SECONDED. There were no objections, the motion carried and was so ordered by Mayor Morehead. March 17, 1965 Page 28 RES. NO. 65-44 ALLOWING CLAIMS AND DEMANDS AGAINST CITY OF B.PK. GENERAL CLAIMS AND DEMANDS NOS. 5660- 5731 AND 120-121 INCI PAYROLL CLAIMS AND DEMANDS NOS. 506-615 INCL. RES. NO. 65-44 ADOPTED RES. NO. 65-50 ALLOWING CLAIMS AND DEMANDS AGAINST CITY OF B.PK. GENERAL CLAIMS AND DEMANDS NO. 5732 RES. NO. 65-50 ADOPTED ORD. NO. 405 AMENDING SECTION 961C OF B.PK. NUN. CODE RE PERMITTED USES IN C-2 ZONE ORD. NO. 405 INTRODUCED 11:40 P.M. ADJ. TO EXECUTIVE SESSION 00- BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«Regular Meeting of the Baldwin Park City Council March 17, 1965 2271 Page 29 At 12:31 a.m. the Council reconvened in regular session. 12:31 A.M. COUNCIL RECONVENED IN REGULAI SESSION 00- AT 12:32 A.M. COUNCILWOMAN GREGORY MOVED THAT THE CITY ADJ. AT 12:32 A.M. COUNCIL ADJOURN TO TUESDAY, MARCH 23, 1965, AT 4:00 P.M. TO TUES., MARCH IN THE COUNCIL CHAMBER OF THE CITY HALL. COUNCILMAN 23, 1965, AT 4:00 P. CRITES SECONDED. There were no objections, the motion IN COUNCIL CHAMBER carried and was so ordered by Mayor Morehead. OF CITY HALL 00__ 11 CRARLES E. MOREHEAD, MAYOR THELMA L. BALKUS, CITY CLERK APPROVED:. April 7 1965. Date of Distribution to City Council April 7 1965. Date of Distribution to Departments. April 7 1965. I BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL MARCH 17, 1965 CITY HALL COUNCIL CHAMBER) 114403 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. Councilwoman Gregory led the salute to the flag. FLAG SALUTE Roll Call: Present: COUNCILMEN ADAIR, CRITES, GREGORY, MCCARON AND MAYOR MOREHEAD ROLL CALL Absent: NONE Also Present: CHIEF ADMINISTRATIVE OFFICER NORDBY, CITY ATTORNEY FLANDRICK, CITY ENGINEER FRENCH, BUILDING SUPERINTENDENT KALBFLEISCH, PLANNING DIRECTOR CHIVETTA, FINANCE DIRECTOR DUNCAN, ACTING CHIEF OF POLICE ADAMS, CITY TREASURER PUGH AND CITY CLERK BALK US 00- AT 12:32 A.M. COUNCILWOMAN GREGORY MOVED THAT THE CITY ADJ. AT 12:32 A.M. COUNCIL ADJOURN TO TUESDAY, MARCH 23, 1965, AT 4:00 P.M. TO TUES., MARCH IN THE COUNCIL CHAMBER OF THE CITY HALL. COUNCILMAN 23, 1965, AT 4:00 P.M. CRITES SECONDED. There were no objections, the motion IN COUNCIL CHAMBER carried and was so ordered by Mayor Morehead. OF CITY HALL 00- THELMA L. BALKUS, CITY CLERK DATED: March 18, 1965 TIME a7' 30 a.m. BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1965 03 17 CC MINHÄ—@¸—.ZÍ«S FATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: AFFIDAVIT OF POSTING NOTICE CITY OF BALDWIN PARK OF ADJOURNMENT W-ETrM- THELMA L. BALKUS, being first duly sworn, says and deposes: that I am the duly chosen, qualified and acting City Clerk of the City Council of the City of Baldwin Park; that at a_ Regular Meeting of the City Council of the City of Baldwin Park held March 17 19 65 said meeting was ordered adjourned to the time and place specified in the Notice of the Adjournment ATTACHED HERETO; that on March 18 1965 at the hqur of 8:30 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 March-- 17 1965• was held. THELMA t. BALKUS, CITY CLERK I Subscribed and sworn to before me thi day of i said County and Stale otary Public in an or EVA ELDER PUGH, Notzry Public. State of California Principal Office, Los Angeles County My Commission Expires March 6, 1967 4657 North Mcaed Ave., BWWwia Park, Calif. xnx~xmnnnxmm~~nlnom"'"xmlxhntwnnrmunwnnml- OFFICIAL SEAL c wnwlu~uluu wluuxnwwul EVA ELDER PUGH NO,ARY PUBLIC I:ALIt(RN•A PRINCIPAL OrFICE IN LOS AI4G LI S WTv BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 Í«Regular Meeting of the Baldwin Park City Council 2254 COUNCILMAN CRITES MOVED THAT RESOLUTION NO. 65-49 BE APPROVED AND FURTHER READING BE WAIVED. COUNCILMAN ADAIR SECONDED. The motion carried by the following vote: AYES: COUNCILMEN CRITES, ADAIR, GREGORY, MCCARON AND MAYOR MOREHEAD NOES: NONE ABSENT: NONE 00- Note: Regarding Tract No. 30159 For the most part testimony given is noted es n©orly verbatim as possible) Planning Director Chivetta presented a resume of Tentative Tract No. 30159, a tentative subdivision map involving a parcel of land to be sub-divided into sixteen 16) lots located westerly of Center Street and northerly of Benbow Street, Areo Construction Company, Tracy R. Bousman, Engineer. He stated that on March 9, 1965, the Planning Commission at an adjourned meeting approved a minute motion by a vote of 4 to I to adopt Tentative Tract Map 30159, known as Exhibit C with the recommendation that the Council condemn thirty 30) feet of the Balkus property for future street purposes. Mayor Morehead stated that there had been a written request to speak from Mr. Joseph Balkus, 4625 North Harlan, Baldwin Park; that testimony from other persons would have to be approved by the Council. City Attorney Flandrick suggested if Mr. Balkus wished to make comments in opposition to the map proposed and if the Council heard testimony from Mr. Balkus that they also permit the developer an opportunity to speak to the Council. Councilwoman Gregory stated because of Mr. Flandrick's information it would be better to hear all. March 17, 1965 Page 12 RES. NO. 65-49 ADOPTED TENTATIVE TRACT NO. 30159, 16 LOTS, LOCATED WESTERLY OF CENTER ST., NORTHERLY OF BENBON ST., AREO CONSTRUCTION CO., TRACY R. BOUSMAN P.C. APPROVED EX- HIBIT C WITH REC. THAT COUNCIL CONDEMN 30 FT. OF BALKUS PROPERTY FOR FUTURE ST. PURPOSES As there were no objections from the Council, Mayor Morehead stated that anyone in the audience concerned with Tract No. 30159 would be permitted to speak. Mr. Joe Balkus, 4625 North Harlan Avenue, Baldwin Park, JOE BALKUS, 4625 stated that he honestly could not say he was against the N. Harlan Ave., development of Tentative Tract No. 30159; that he would B.Pk. like to see it developed; that since Tentative Tract Map No. 30159 was a new presentation of essentially the identical map presented to the Council December 2, 1964, he did not wish to bore the Council with the lengthy talk he made be- fore them on December 2nd, 1964 but he did wish to go on record as desiring to have the minutes of the meeting of December 2, 1964, pertaining to his testimony to go on record as pertaining to this tract; that Mr. Baker, the owner of the land at one time, owned approximately ten acres which was lot 7; that this parcel included the land just south, east and west of his present property; that he split it up as he saw fit; that was his privilege but he could not see why in this development his property had to suffer; that he wrote a letter to the Planning Commis- sion at their request; that nothing, to his knowledge was done about his request which was: I) That a cul-de-sac be installed at the proposed Dunia extension; and 2) That an underground drain be constructed just east of his property to protect his property from erosion; Continued) BIB] 39576-U01 1965-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO116848-U03 DO116885-U03 C4-U03 MINUTES1-U03 5/1/2008-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06