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CC - 03-08-60CITY OF ROSEMEAD ROSEMEAD, CALIFORNIA March 8, 1960 A regular meeting of the City Council of the City of Rosemead was held in the City Hail, 3964 North Rosemead Boulevard. The meeting was called to order by Mayor Buchanan at 8:09 o'clock p.m. 1. The Pledge of Allegiance was lead by Mayor Buchanan. • 2. Present: Councilmen: Buchanan, Cook, Horning, Lowrey, Stead. Absent: None. Ex officio: Woollett, Watson, Stump, Armstrong. 3. It was moved by Lowrey, second by Cook and unanimously carried that the minutes of February 23, 1960, be approved as printed. 4. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO DESIRE TO ADDRESS THE COUNCIL. Charner Conrey, 9303 East Rose Street, representing the Rosemead Lodge #632 Loyal Order of the Moose, stated that if an ordinance permitting the sale of safe and sane fireworks is approved that the local Moose Lodge would like to be one of the organizations permitted to sell such fireworks. Pershing Stone, 3622 Oubonnet Avenue, asked the Council if the matter concerning Griegorian would be brought up this evening. CA Woollett informed Mr. Stone that Mr. Griegorian had requested a zone exception regarding his property and that matter had been heard before the Planning Commission last evening, and was not to come before the Council at this meeting. 5. ORDINANCO NO. 15 AMENDING MUNICIPAL CODE ADDING SECTIONS TO ARTICLE III, CHAPTER 1: FIREWORKS. DISCUSSION. It was moved by Lowrey, second by Horning and unanimously carried that this proposed ordinance be read in full. It was read in full by CA Woollett After considerable discussion it was moved by Stead, second by Lowrey that this ordinance be amended to include a $10.00 permit fee and a $100.00 deposit to guarantee cleanup. A ccmmunlcation from the local Moose Lodge was read in full by CA Woollett. After discussion, this motion was amended to read a cleanup deposit of $100.00 for the first 20 feet in length and an additional $100.00 for each additional' 20 feet or portion thereof. Roll call vote as follows: Ayes: Buchanan, Cook, Horning, Lowrey, Stead. Noes: None. Absent: None. It was moved by Lowrey, second by Stead and unanimous carried that Ordinance No. 15 as amended.be accepted for first reading. • 6. ORDINANCE NO. 22 AMENDING THE MUNICIPAL CODE AND PROHIBITING CERTAIN DISPOSITION OF PRINTED MATERIAL. (2nd READING) It was requested by Councilman Horning that this ordinance be read in full. Grdinance No. 22 was read in full by CA Woollett. It was moved by Cook, second by Lowrey that ordinance No. 22 be approved as read. • Arnold Hackman., 3765 Strang Avenue, stated that last week he picked up approximately 17 throw-away papers and preferred the passing of this porching ordinance. Pershing Stone stated that the papers were no trouble and that he uses the Garvey Advertiser a lot. Councilman Lowrey stated that he would still like to, see this ordinance passed, after what constitutes a porch is clarified. • 0 Attorney Watson requested that this item be put over until the next meeting to make necessary changes. After considerable discussion by the Council as to what constitutes a porch, it was moved by Lowrey, second by Stead that this item be tabled. Roll Call vote as follows: Ayes: Buchanan, Cook, Horning, Lowrey, Stead. Noes: None. Absent: None. 7. RESOLUTION NO. 60-16 ALLOWING CERTAIN CLAIMS AND DEMANDS. • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $2,307.20 DEMANDS NUMBERS 201 THROUGH 213. It.was moved by Horning, second by Lowrey and unanimously carried that Resolution No. 60-16 be read in title only. It was moved by Stead, second by Lowrey and unanimously carried that Reso- lution No. 60-16 be approved. 8. PUBLIC HEARING: ANNEXATION NO. 3. Attorney Watson stated that this Annexation had been initiated by Resolution no. 60=4. Said Resolution sets forth certain requirements concerning pub- lication in the Rosemead Review and the Alhambra Post Advocate. He asked City Clerk Woollett if these requirements had been met. City Clerk Woollett stated, yes, the affidavits of publication are on file. Attorney Watson asked City Clerk Woollett if the mailing requirements set forth in the Resolution had been complied with. City Clerk Woollett stated, yes, that Written notice had been mailed to each person whose name appeared on the last equalized county assessment roll, twenty (20) days before the date set for hearing. Attorney Watson asked if it had been determined that there were less than 12 registered voters residing in the annexation territory. City Clerk Woollett stated it had been determined. Attorney Watson stated that the foregoing facts establish the Council's jurisdiction and it was now in order to proceed. Attorney Watson asked if any written protests concerning Annexation Area No. 3 had been filed prior to 8:00 o'clock p:m., March 8, 1960, deadline for filing as set forth in Resolution No. 60-4. City Clerk Woollett stated that written protests had been filed prior to this time. Their validity has not been determined and his recommendation would be that this matter be put over in order to permit Attorney Watson and CA Woollett to survey and report on these protests. Mayor Buchanan asked if anyone in the audience wished to be heard at this time concerning this annexation. No one responded. It was moved by Lowrey, second by Cook and unanimously carried that the • Public Hearing for Annexation Area No. 3 be closed and that the petitions which have been filed concerning this matter be referred to the City Clerk and City Attorney for verification. 9. PUBLIC HEARING: ANNEXATION NO. 4. Attorney Watson stated that this Annexation had been initiated by Resolu- tion No. 60-6. Said Resolution sets forth certain requirements concerning • publication in the Rosemead Review and the Alhambra Post Advocate. He asked City Clerk Woollett if these requirements had been met. City Clerk Woollett stated, yes, the affidavits of publication are on file. Attorney Watson asked City Clerk Woollett if the mailing requirements set forth in the Resolution had been complied with: City Clerk Woollett stated, yes, that written notice had been mailed to each person whose name appeared on the last equalized county assessment roll, twenty (20) days before the date set for hearing. Attorney Watson asked if it had been determined that there were less than 12 registered voters residing in the annexation.territory.. City Clerk Woollett stated it had been determined. - 2 - Attorney Watson stated that the foregoing facts establish the Council's jurisdiction and it was now in order to proceed. • Attorney Watson asked if any written protests concerning Annexation Area No. 4 had been filed prior to 8:00 o'clock p.m., March 8, 1960, deadline for filing as set forth in Resolution No. 60-6. City Clerk Woollett stated that written protests had been filed prior to this time. Their validity has not been determined and his recommendation would be that this matter be put over in order to permit Attorney Watson and CA Woollett to survey and report on these protests. • Mayor Buchanan asked if anyone in the audience wished to be heard at this time concerning this annexation. No one responded. It was moved by Lowrey, second by Cook and unanimously carried that the Public Hearing for Annexation Area No. 4 be closed and that the petitions which have been filed concerning this matter be referred to the City Clerk and City Attorney for verification. i0. PU'LIC HEARING: ANNEXATION NO. 7. Attorney Watson stated that this Annexation had been initiated by Reso- lution No. 60-10. Said Resolution sets forth certain requirements con- cerning publication in the Rosemead Review and the Alhambra Post Advocate. He asked City Clerk Woollett if these requirements had been met. City Clerk Woollett stated, yes, the affidavits of publication are on file. Attorney Watson asked City Clerk Woollett if the mailing requirements set forth in the Resolution had been complied with. City Clerk Woollett stated, yes, that written notice had been mailed to each person whose name appeared on the last equalized county assessment roll, twenty (20) days before the date set for hearing. Attorney Watson asked if it had been determined that there were less than 12 registered voters residing in the annexation territory. City Clerk Woollett stated it had been determined. Attorney Watson stated that the foregoing facts establish the Council's jurisdiction and it was now in order to proceed. Attorney Watson asked if any written protests concerning Annexation Area No. 7 had been filed prior to 8:00 o'clock p.m., March 8, 1960, deadline for filing as set forth in Resolution No. 60-10. City Clerk Wool)ett stated that no written protests had been filed prior to this time. Louise Klinger, 3345 North Del Mar Avenue, South San Gabriel, Secretary, Manager of the South San Gabriel Chamber of Commerce stated she had a protest petition to file and was unaware of the necessity for filing before 8:00 o'clock p.m. Attorney Watson stated that the resolution specifically stated that pro- tests must be in writing and must be filed prior to the hour set for • hearing. The California Supreme Court has held that in order to be valid, protests must be filed prior to the hour set for hearing. Attorney Watson stated further that Mrs. Klinger certainly had the right to present these objections to the Council but he would have to advise the Council that they could take these into consideration in order to exercise their discretion as to whether to proceed in the annexation; but that they are not valid protests, r Mrs. Klinger requested an additional (10)'ten days to obtain protests and • was informed by Attorney Watson that that provision is applicable to in- habited annexations only. On the advice of Attorney Watson, it was moved by Cook, second by Lowrey, and unanimously carried that this petition be received and filed as a communication and not as a protest. It was moved by Cook, second by Horning that the Public Hearing be closed and that the Council finds that there were no valid protests to the annex- ation and that the ordinance approving annexation be presented. Roll call vote as follows: Ayes: Buchanan, Cook, Horning, Lowrey, Stead. Noes: None. Absent: None. - 3 - ORDINANCE NO. 23. AN ORDINANCE OF THE CITY OF ROSEMEAD APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED "CITY OF ROSEMEAD • ANNEXATION AREA NO. 7" TO THE CITY OF ROSEMEAD. It was moved by Lowrey, second by Cook and unanimously carried that Ordinance No. 23 pass the first reading. Il. COMMUNICATIONS: COUNTY BOUNDARY COMMISSION-RE: CITY OF INDUSTRY ANNEXATION NO. 57. EDNA STONE RE: FIRE DEPARTMENT. CA Woollett stated we had one communication which was a routine notification and the other which was a complimentary letter. Councilman Lowrey requested the complimentary communication be read in full. It was moved by Lowrey, second by Horning and unanimously carried that these communications be received and filed, and a copy of the last letter sent to the Fire Department. 12. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO DESIRE TO ADDRESS THE COUNCIL: Frank J. DiNoto, 8855 East Valley Blvd., Chairman of the Chamber of Commerce Business License Committee, presented report No. 1. Councilman Lowrey stated that rather than read and act at this time he thought it would be best if the Council take time to review and study this report. 13. MATTERS FROM CITY OFFICIALS. Councilman Lowrey stated that sometime ago a proposed agreement had been submitted by the Chamber of Commerce and he would like to move at this time that this agreement be accepted as drawn, this motion was seconded by Stead. Attorney Watson stated that there were one or two minor language changes which he would like to make in this agreement. The motion with the agreement of second was amended to approve this agreement subject to minor language changes to'be approved by the Chamber of Commerce and the City Attorney and when so approved to be executed by the Mayor. Roll call vote as follows: Ayes: Buchanan, Cook, Horning, Lowrey, Stead. Noes: None. Absent: None.. Mayor Buchanan asked if any action had been taken concerning the placing of benches on Valley Boulevard. CA Woollett stated that he had contacted Bench Ads for facts and figures and it was his opinion that this program might well be a joint City and Chamber of Commerce activity. CA Woollett read a letter from Governer Edmund G. Brown addressed to Mayor Buchanan concerning a Conference on Aging and requesting participation in this program. It was moved by Horhing, second by Lowrey and unanimously carded that this communication be received and filed. CA Woollett stated he had the written acceptance of Franchise from the Southern California Gas Company. This communication was read In full • by CA Woollett. It was moved by Lowrey, second by Horning and unanimously carried that this written acceptance be received and filed. CA Woollett stated the Traffic Commission had requested that a blackboard be purchased for their use. It was moved by Horning, second by Lowrey and unanimously carried that this blackboard be purchased provided the Planning Commission and City Council could also use this blackboard. I.t was moved by Lowrey, second by Cook and unanimously carried that this meeting adjourn to March 15, 1960, 7:30 o'clock p.m., at 3964 North Rose- mead Boulevard. Meeting adjourned 9:47 o'clock p.m. MAYOR CITY CLERK - 4 -