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HomeMy WebLinkAboutORD 169ORD 169ê79wV ×Pèˆ ORDINANCE NO. 69 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK PROHIBITING AND RESTRICTING ENTRANCE OR ENCROACHMENT UPON WALNUT CREEK AND WALNUT CREEK INLET CHANNEL. The City Council of the City of Baldwin Park does ordain as follows: SECTION I. The Baldwin Park Municipal Code is amended by adding a new section to Chapter V of Article IV thereof, numbered to read as follows: 4502. ENCROACHING UPON WALNUT CREEK, ETC. a) ENCROACHMENT CONSTITUES MISDEMEANOR. Except as otherwise permitted in this section, every person who enters or encroaches upon the natural stream bed or improved channel of that portion of Walnut Creek and Walnut Creek Inlet Channel which extends in a southwesterly direction from the southeasterly boundary of the City of Baldwin Park to the Pacific Electric Railroad right of way, whenever water is flowing in excess of twelve 12) inches in depth in the natural stream bed or unpaved section of the improved channel of said waterways or in excess of two 2) inches in depth in the paved section of the improved channel of said waterways, or whenever water is stored in excess of twelve 12) inches in depth in any depression or pool or otherwise retained in the natural stream bed or improved channel of said waterways, is guilty of a misdemeanor. b) ALLONING MINORS TO ENCROACH. Every parent and every guardian who suffers, allows, or permits any minor in his custody as such parent or guardian to violate any of the provisions of this section is guilty of a misdemeanor. c) PERSONS'NHO MAY ENTER. This section does not apply to any entry in the course of duty by any peace or police off- icer or by a duly authorized employee of any federal, state, county, city, or district agency, or to any entry by the owner of the real property traversed by the natural stream bed or improved channel, or to the owner's agent, or to any person, or agent of a firm or corporation authorized entry by written permit issued by the Chief Engineer of the Los Angeles County Flood Control District, or to any person who in emergency requires entry. SECTION 2. This ordinance is declared to be an emergency ordin- ance for the public peace, health and safety and the facts constituting the emergency are as follows: The Board of Supervisors of the Los Angeles County Flood Control District has authorized the said District to purchase during this calendar year large quantities of water from the Metropolitan Water District for replenishment of the depleted ground water supply in the Central Coastal I ORD 169ê79wV ×Pèˆ Basin, which area has been formed into Water Conservation Zone I. In the course of transporting the water from the Metropolitan Water District's aqueduct in La Verne to the Rio Hondo and San Gabriel Coastal Spreading Grounds of the said Los Angeles County Flood Control District for infiltration into the Water Conservation Zone area, it becomes necessary to utilize as conduits the natural stream beds and improved channels of the existing water- ways described in Section I of this ordinance. After storage in Puddingstone Reservoir, the water will be released from Puddingstone Dam in an amount up to 350 cubic feet per second. Such release will follow part of the stream bed described in Section I of this ordinance. Velocities up to 3 feet per second will occur during maximum discharge with depths of water reaching as much as 2 feet at some locations. The stream bed of Walnut Creek in parti- cular is irregular, and some pools of water deeper than the normal depth of flow may result during periods of discharge. It is anticipated that scour may occur at various locations where the material comprising the stream bed is less scour-resistant than average. Consequently, hazardous conditions will prevail along that portion of the channel described in Section l of this ordinance due to depth of flow and due to velocity since there is no fencing along the channel to exclude would-be trespassers. Under present plans water must be released from Puddingstone Dam into Walnut Creek on or about November 7, 1960. To preserve the safety of persons, it is therefore urgently necessary that this ordinance take im- mediate effect. This ordinance, therefore, is necessary for the immediate preservation of the public peace, health and safety and shall take effect upon the passage thereof. SECTION 3. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published or posted as required by law. This ordinance shall take effect immediately upon its adoption. ADOPTED by the City Council, signed by the Mayor, and attested by the City Clerk this 7th day of November, 1960. 71 A T T E S T: Lyn Cole, Mayor T Thelma L. Balkus, City Clerk 2 ORD 169ê79wV ×PèˆSTATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALWVIN PARK I, THELMA L, BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was duly and regularly passed and adopted by the City Council of the City of Baldwin Park at its regular meeting held on the 7th day of November, 1960, by the following vote: AYES: Councilmen BISHOP. BLOXHAM. HOLMES LITT EJOHN AND MAYOR COLE NOES: Councilmen NONE ABSENT: Councilmen NONE Thelma L. Balkus, City Clerk 3 ORD 169ê79wV ×Pèˆ 169 CERTIFICATE OF POSTING STATE OF CALIFORNIA 1 COUNTY OF LOS ANGELES SS: CITY OF BALDNIN PARK I hereby CERTIFY that I am the duly elected and qualified City Clerk of the City of Baldwin Park; that on the 14th day of November 1960, I caused to be posted in three conspicuous places a copy of Ordinance No-___L6_9, as re- quired by law and the Baldwin Park Municipal Code, THELMA L. BALKUS SEAL) City Clerk Subscribed and sworn to before me this 1.. da'. ot.--- r--.-.....I 196.-- Mary Public M end toy the County of La naeles, State at Calltaw EVA ELDER PUGH My commission Expires March 6, 1963 BIB] 39007-U01 ORD-U02 169-U02 LI2-U03 FO31549-U03 FO94591-U03 DO94571-U03 C5-U03 ORDINANCES-U03 10/11/2006-U04 ROBIN-U04