Mountain Views News          Saturday, July 20, 2013

19

PUBLIC NOTICES

 Mountain Views News Saturday, July 20, 2013 

City of Sierra Madre

RESOLUTION NO. 13-52

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIERRA MADRE ADOPTING MANDATORY 
WATER CONSERVATION MEASURES TO BE IMPLEMENTED BY SIERRA MADRE RESIDENTS AND 
BUSINESSES

WHEREAS, the City of Sierra Madre and the San Gabriel Valley are in the midst of an extended period of below average 
rainfall ; and

WHEREAS, groundwater levels at Sierra Madre water production wells approached all-time lows; and

WHEREAS, for the rainy season of 2012-2013 the City received only 9.72 inches of precipitation, compared to the City’s 
average of 19.64 inches; and

WHEREAS, low levels of precipitation have not provided water for recharge of the groundwater basin or any associated 
improvement in groundwater levels; and

WHEREAS, low groundwater levels increase wear on water production equipment and increase water production costs; and

WHEREAS, low groundwater levels may be linked to increased concentration of groundwater contamination; and

WHEREAS, the Raymond Basin Management Board, in its capacity as Watermaster for Sierra Madre has enacted its ‘”500 
foot rule” which reduces Sierra Madre’s adjudicated groundwater extraction right by 47%; and

WHEREAS, conservation of groundwater and reduction of water usage will reduce the impact of the present drought on the 
City’s groundwater supply.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Sierra Madre, that:

SECTION I – Resolution 13-12 regarding Mandatory Conservation, adopted on May 28, 3013 is hereby rescinded in its 
entirety. 

SECTION 2 - All residents and businesses within Sierra Madre with an average bi-monthly consumption from the base period 
(as defined in Section 13.24.160 of the Municipal code) of less than 1200 cubic feet (12 units) of water, are exempt from 
mandatory water conservation. 

SECTION 3 – All residents and businesses within Sierra Madre with an average bi-monthly consumption from the base 
period (as defined in Section 13.24.160 of the Municipal code) of between 1300 and 1700 cubic feet (13 units and 17 units), 
are hereby directed to conserve water through implementation of Phase I water conservation measures as described in SMMC 
13.24.070(B). These measures are to be effective immediately. 

SECTION 4 – All residents and businesses within Sierra Madre with an average bi-monthly consumption from the base 
period (as defined in Section 13.24.160 of the Municipal Code) of greater than 1700 cubic feet (17 units), are hereby directed 
to conserve water through implementation of Phase II water conservation measures as described in SMMC 13.24.080(B). 
These measures are to be effective immediately. 

SECTION 5 – As described in SMMC 13.24.200, the base period allocation is determined by calculating average consumption 
for three consecutive billing cycles comprising Summer and Winter usage. 

For customers with a billing date of January (generally east of Baldwin Avenue), the Winter base period includes 
consumption reflected on January, March and May bills for calendar year 2013. The Summer base period includes 
consumption reflected on the July, September and November bills for calendar year 2012. 

For customers with a billing date of February (generally west of Baldwin Avenue), the Winter base period includes 
consumption reflected on February, April and June bills for calendar year 2013. The Summer base period includes 
consumption reflected on the August, October and December bills for calendar year 2012. 

SECTION 6 – For water customer accounts billed for multiple dwellings on a single water meter, the number of dwelling 
units will be divided into the bi-monthly consumption to determine the level of required conservation for that account, and 
to determine any penalties. 

SECTION 7 - There shall be no Utility User Tax (UUT) assessed on the penalty charges on a customer’s water bill. 

SECTION 8 – Pursuant to Municipal Code Section 13.24.210, The water department shall evaluate and monitor the projected 
availability, supply, and demand for water, and shall recommend to the City Manager, the extent of the conservation phases 
required by customers, so the department may prudently plan for and deliver water to its customers on a continuous fiscal 
year basis. The City Council shall, after a noticed public hearing and by resolution, order that the appropriate phase of water 
conservation be implemented, modified, or rescinded. The resolution shall become effective immediately upon adoption by 
the City Council and shall be published once in the newspaper of general circulation. 

SECTION 9 – This Resolution shall remain in effect until superseded by further City Council Resolution or until the water 
emergency has ended as determined by the City Council.

SECTION 10 – Staff is directed to exercise all reasonable means to disseminate to the community information about water 
conservation and the urgent need to conserve.

Approved and Adopted on the 9th day of July, 2013.

AYES: WALSH, HARABEDIAN, CAPOCCIA, KOERBER, MORAN NOES: NONE 

ABSENT: NONE

City of Sierra Madre

PUBLIC HEARING NOTICE

From: The City of Sierra Madre

Subject: GENERAL PLAN AMENDMENT 13-02 (GPA 13-02); 
CONDITIONAL USE PERMIT 13-01 (CUP 13-01)

Applicant: Parker and Barbara Williams

Project Location: 215 North Baldwin Avenue, in the City of Sierra Madre, County of Los Angeles, 
State of California

The City of Sierra Madre gives notice, pursuant to State of California law, that the Planning Commission will conduct a public 
hearing to consider a request for a General Plan Amendment and Conditional Use Permit to allow construction of 2(two) 
900-square-feet, one-story multi-family dwelling units and a 530-square-foot garage on the property located at 215 North 
Baldwin Avenue. The proposed construction would be added to the existing 2,145-square-foot residence and 740-square-foot 
garage. A General Plan Amendment is required to change the land use designation from RM (Residential Medium Density) 
to RH (Residential High Density) to correspond to the current R-3 zoning designation of the property. Pursuant to Sierra 
Madre Municipal Code Section 17.76.030, all R-3 developments require approval of a Conditional Use Permit. The Planning 
Commission held a public hearing on July 18, 2013 to introduce the matter and continued it to August 1, 2013.

DATE AND TIME OF HEARING PLACE OF HEARING

City of Sierra Madre City of Sierra Madre

Planning Commission meeting City Council Chambers

Thursday, August 1, 2013 232 W. Sierra Madre Blvd.

(Hearing begins at 7:00 p.m.) Sierra Madre, CA 

All interested persons may attend this meeting and the Planning Commission will hear them with respect thereto.

ENVIRONMENTAL DETERMINATION: The project qualifies for Class 3 Categorical Exemption, pursuant to Section 
15303(b) of the California Environmental Quality Act (CEQA) as the proposed project involves construction of two new 
dwelling units in an urbanized area. 

APPEAL: The decision of the Planning Commission is subject to a 10-business-day appeal period to the City Council. If 
in the future anyone wishes to challenge the decision of the Planning Commission in court, one may be limited to raising 
the issues that were raised or presented in written correspondence delivered to the Planning Commission at, or before, the 
scheduled public hearing. For further information on this subject, please contact the Development Services Department at 
(626) 355-7138. 

City of Sierra Madre

ORDINANCE NO. 1342U

AN ORDINANCE OF THE CITY OF SIERRA MADRE, CALIFORNIA AMENDING CHAPTER 13.24 OF THE 
SIERRA MADRE MUNICIPAL CODE PERTAINING TO THE CITY’S MANDATORY WATER CONSERVATION 
PLAN 

WHEREAS, on January 24, 2012, the City Council adopted Ordinance No. 1322 pertaining to Mandatory Water Conservation; 

WHEREAS, on May 28, 3013, the City Council adopted Ordinance No. 1338 and 1338U, making modifications to the City’s 
Mandatory Water Conservation Ordinance.

WHEREAS, the City Council may find and determine that a water shortage emergency condition may exist or may in the 
immediate future exist; 

WHEREAS, the City Council may declare the necessity of implementation of a mandatory water conservation plan by 
adopting a City Council resolution; 

WHEREAS, the Raymond Basin Management Board has implemented the Section VI (3) of the 1984 Raymond Basin 
Judgment, reducing Sierra Madre’s water production right from the East Raymond Groundwater Basin by 47%; 

WHEREAS, water levels at multiple city wells are in decline, and on June 27, 2013, City Well Number 4 was shut-down due 
to low water levels; 

WHEREAS, the City Council has determined that modifications should be made to the Mandatory Water Conservation 
Ordinance to account for seasonal usage and other factors. 

WHEREAS, The City Council declares an Urgency pursuant to Section 36937 of the California Government Code which 
would permit this Ordinance to take effect immediately after a single reading for the immediate preservation of the public 
peace, health and safety as described herein.

THE CITY COUNCIL OF THE CITY OF SIERRA MADRE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Section 13.24.140 Failure to Comply – Penalties is hereby amended to read:

13.24.140 It is unlawful for any customer or user thereof of the water department to fail to comply with sections 13.24.070 
through 13.24.120 of this chapter. Civil penalties for failure to comply with any of the provisions shall be as follows: 

A. First Violation. For the first violation by any customer of the water department of any provision of sections 13.24.070 
through 13.24.120, a surcharge penalty is imposed in an amount of twice the Tier 1 water rate per one hundred cubic feet 
of water or billing units. 

B. Second Violation. For the second and all future violations by any customer of the water department of any provision 
of sections 13.24.070 through 13.24.120, a surcharge penalty is imposed in the amount of three times the Tier 1 water rate 
per one hundred cubic feet of water or billing units. 

SECTION 2. Section13.24.160 Violation Period Determination is hereby amended to read: 

13.24.160 After a notification period, the first, second, and all future violations will be determined by comparing the 
customer’s current bi-monthly water consumption with that customer’s average bi-monthly consumption for a Summer 
base period or a Winter base period. Average bi-monthly consumption for the base periods shall be determined by 
calculating the customer’s average water consumption for three consecutive billing cycles. The notification period is the 
first billing cycle after adoption of a resolution establishing mandatory water conservation. 

SECTION 3. Section 13.24.200 – Base period allocation is hereby amended to read: 

13.24.200 Base period allocation.

 Base period allocation: The Consumption Data for the three consecutive billing cycles comprising the 
Winter billing periods and the Summer billing periods, as established by City Council resolution.

SECTION 4. The City Council declares an Urgency pursuant to Section 36937 of the California Government Code. This 
Ordinance shall take effect immediately after a single reading because its passage is required for the immediate preservation 
of the public peace, health and safety. The facts constituting this urgency are that: (i) there is an immediate need to protect 
the underground aquifer that provides 90% to 95% of the city’s potable water; (ii) overall water consumption has increased; 
(iii) the Raymond Basin Management board has implemented Section VI(3) of the 1984 Raymond Basin Judgment, reducing 
Sierra Madre’s water production right from the East Raymond Groundwater Basin by 47%; (iv) the lack of rainfall and 
inability to spread adequate amounts of water to recharge the aquifer has resulted in further decline in water levels; (v) 
immediate implementation of mandatory water conservation would result in reduced water consumption and slow the decline 
of water levels in the aquifer; (vi) City well #4 has been turned off due to low water levels. Accordingly, it is necessary this 
Ordinance be effective immediately upon its adoption.

SECTION 5. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and 
federal law and this Ordinance shall be construed in light of that intent.

SECTION 6. If any sections, subsections, subdivisions, paragraph, sentence, clause or phrase of Ordinance 1338 or 1322, 
or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not effect the validity of the 
remaining portions of this Ordinance or any part thereof or exhibit thereto. The City Council hereby declares that it would 
have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that 
anyone or more sections, subsections, subdivisions, paragraph, sentences, clauses or phrases be declared invalid.

SECTION 7. The City Clerk shall cause this Ordinance to be published or posted in accordance with California Government 
Code Section 36933, shall certify to the adoption of this Ordinance and his/her certification, together with proof of the 
publication, to be entered in the book of Ordinances of the City Council.

SECTION 8. This Ordinance is adopted by a 4/5 vote of the City Council and shall take effect immediately upon adoption as 
provided by Government Code Section 36937

URGENCY ORDINANCE No. 1342U PASSED, APPROVED and ADOPTED this 9th day of July, 2013.

AYES: Walsh, Harabedian, Capoccia, Koerber, Moran NOES: None ABSENT: None 

ABSTAIN: None

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NOTICE OF PETITION TO 
ADMINISTER ESTATE OF:
ROBERT K. DALY
CASE NO. BP142633

To all heirs, beneficiaries, creditors, contingent 
creditors, and persons who may otherwise 
be interested in the WILL or estate, or both of 
ROBERT K. DALY.

 A PETITION FOR PROBATE has been filed 
by STEVE D’AURIA in the Superior Court of 
California, County of LOS ANGELES.

THE PETITION FOR PROBATE requests that 
STEVE D’AURIA be appointed as personal 
representative to administer the estate of the 
decedent.

THE PETITION requests the decedent’s WILL 
and codicils, if any, be admitted to probate. 
The WILL and any codicils are available for 
examination in the file kept by the court. 

THE PETITION requests authority to administer 
the estate under the Independent Administration 
of Estates Act . (This authority will allow the 
personal representative to take many actions 
without obtaining court approval. Before taking 
certain very important actions, however, the 
personal representative will be required to give 
notice to interested persons unless they have 
waived notice or consented to the proposed 
action.) The independent administration authority 
will be granted unless an interested person files 
an objection to the petition and shows good cause 
why the court should not grant the authority.

A HEARING on the petition will be held in this 
court as follows: 07/24/13 at 8:30AM in Dept. 9 
located at 111 N. HILL ST., LOS ANGELES, CA 
90012

IF YOU OBJECT to the granting of the petition, 
you should appear at the hearing and state your 
objections or file written objections with the court 
before the hearing. Your appearance may be in 
person or by your attorney.

IF YOU ARE A CREDITOR or a contingent 
creditor of the decedent, you must file your claim 
with the court and mail a copy to the personal 
representative appointed by the court within 
the later of either (1) four months from the date 
of first issuance of letters to a general personal 
representative, as defined in section 58(b) of 
the California Probate Code, or (2) 60 days from 
the date of mailing or personal delivery to you 
of a notice under section 9052 of the California 
Probate Code. 

Other California statutes and legal authority may 
affect your rights as a creditor. You may want 
to consult with an attorney knowledgeable in 
California law.

YOU MAY EXAMINE the file kept by the court. 
If you are a person interested in the estate, you 
may file with the court a Request for Special 
Notice (form DE-154) of the filing of an inventory 
and appraisal of estate assets or of any petition 
or account as provided in Probate Code section 
1250. A Request for Special Notice form is 
available from the court clerk.

Attorney for Petitioner

DOUGLAS J. FARRELL - SBN 065749

37 W SIERRA MADRE BLVD

P.O. BOX 183

SIERRA MADRE CA 91025

7/6, 7/13, 7/20/13

CNS-2503620#

City of Sierra Madre

PUBLIC HEARING NOTICE

From: The City of Sierra Madre

Subject: MUNICIPAL CODE TEXT AMENDMENT 
13-02 (MCTA 13-02) 

Applicant: City of Sierra Madre

Project Location: 440 W. Sierra Madre Boulevard (Sierra Madre 
Library) and 449 Mariposa Avenue (APNs 
5768-021-900 and 5768-021-901)

The City of Sierra Madre gives notice, pursuant to State of California law, 
that the City Council will conduct a public hearing to consider rezoning the 
City Library property located at 440 W. Sierra Madre Boulevard and the 
City-owned vacant property located directly behind the Library parking lot, 
449 Mariposa Avenue (APNs 5768-021-900 and 5768-021-901), from R-P 
(Residential-Professional) and R-3 (Multiple-Family Residential) zones to 
a CIV (Civic) zone, and revising the zoning map accordingly. A Municipal 
Code Text Amendment (MCTA 13-02) will be required to add Chapter 17.18 
to Title 17 of the Municipal Code to incorporate the CIV zone. The Planning 
Commission at its special meeting on July 8, 2013 recommended approval to 
add a new chapter to incorporate the CIV zone, rezone the two properties, and 
revise the zoning map accordingly. 

 

DATE AND TIME OF HEARING PLACE OF HEARING

City of Sierra Madre City of Sierra Madre

City Council meeting City Council Chambers

Tuesday, July 23, 2013 232 W. Sierra Madre 
Blvd.

(Meeting begins at 6:30 p.m.) Sierra Madre, CA 

All interested persons may attend this meeting and the City Council will hear 
them with respect thereto.

ENVIRONMENTAL DETERMINATION: The project qualifies for a 
California Environmental Quality Act (CEQA) Exemption pursuant to Section 
15061(b)(3) (Review for Exemption) of CEQA , as the there is no possibility that 
the proposed Municipal Code Text Amendment would have a significant impact 
on the environment. 

For further information on this subject, please contact Danny Castro, Director of 
Development Services, at (626) 355-7138.