HomeMy WebLinkAbout1968 05 07 CC MIN1968 05 07 CC MIN ×P $ â˜ö INDEX MINVrE$ 5/6/68
A/D 67-I Monterey Avenue Hearing Opened Page I
Purpose of Hearing n I
Affidavits Publication, Mailing and Posting i• I
Written Protests n I
City Attorney Flandrick $ Assessment Eng Mr. Bevington Page 2
Assessment Eng Mr. Bevington Page 3 4
Testimony
Joseph Renner Page 5 $ 9
Frank Ralvo Page 6
Alva He rron n 6 7 8
Ruth Winn n 6
Ed Dennin g
Marianna Bennett Page 8
Written Protests overruled Page 9
Public Hearing Closed n 9
Res. 68-111 Confirming Assessment A/D 67-I Adopted Page 10
ices. 68-112 Parcel Map 745, 3586 Vineland Adopted Page II
Budget Revenues 1968-69 Page 12
Account No. 1100 Approved n 12
Discussion re expenses of Boards Page 13
Salary of C. A.0. it 13
Discussion re Salary of Administrative Aide 13
Discussion re Soundscriber 13
Account No. 1400 Approved n 13
Account No. 1500 Approved and #1551 $50.00; #1561,- $150.00 Page 14
Added
City Attorney Included in Retirement System if 14
Account No. 1761 Decreased 14
Account No. 2200 Approved 14
Account No. 2201 Chamber of Commerce held over Page 15
Account No. 3174 Van-Type Truck Police Dept, Approved 15
KCET TV Closed Circuit Educational held over it 15
Account No. 3300 Bldg. Regulation Approved n 15
Recreation $ Park 15 16
Attendance at League of Calif. Cities Mayors 8 Councilmans Page 16
Institute at Anaheim May 19-210 1968 Councilman Gregory)
1968 05 07 CC MIN ×P $ â˜ö 6601787
ADJOURNED REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL MAY 6, 1968
CITY HALL COUNCIL CHAMBER, 14403 East Pacific Avenue 5.30 P.A.
The City Council of the City of Baldwin Park net in adjourned
regular session at the above place at 5.30 p.m.
Councilman Crites led the salute to the flag. FLAG SALUTE
Roll Calls Presents COUNCILMEN ADAIR, CRITES, ROLL CALL
GREGORY, MOREHEAD AND MAYOR
MCCARON
Absents FINANCE DIRECTOR D ICAN
Also Presents CHIEF ADMINISTRATIVE OFFICER
NORDBY, CITY ATTORNEY FLANDRICK,
CITY ENGINEER FRENCH, PLANNING
DIRECTOR CHIVETTA, CHIEF OF
POLICE ADAMS, CITY TREASURER
CODLING AND CITY CLERK BALKUS
1Mr, Lawrence C, Bevington,
Engineer of 1AkarkD
Do-
Mayor McCaron stated that the hour off 5:30 ooclock P.M, having PUBLIC HEARING
arrived, It was the time and place for hearing protests or
objections against the assessment levied fang' improvement of CONFIRM ASSESSMENT
A/D 67-1 Monterey Avenue Assessment District. A/D 67-I, MONTEREY
AVE,
City Attorney Flandrick stated that the purpose of this CITY ATTY. RE
hearing was to permit property owners who were liable to be PURPOSE OF WEARING
assessed for a portion of the cost of the district to present
to the City Council for its determination written protests
concerning either the grunt of such assessment or the manner
is which the work was done.
Mayor McCaron asked City Clerk Balkas 1f she had the affidavits
relative to this hearing, I.e, Affidavit of PublIcstion,
Affidavit of Mailing and the Affidavit of Posting, wherein
City Clerk Balkus stated that she did.
COUNCILMAN CRITES QED THAT THE CITY COUNCIL RECEIVE AND FILE MOTION MADE AND
THE AFFIDAVITS OF PUBLICATION, MAKING AND POSTING. CDUNC I L- CARRIED THAT THE
MAN MOREHEAD SECONDED. There were no objections, the motion AFFIDAVITS OF
carried and was so ordered, PUBLICATION, &AILING
AND POSTING BE RECID.
AND FILED
Mayor McCeron asked City Clerk Balkus If any written protests NINE 19D VAITTEN
had been received against the district, wherein City Clerk PROTESTS RECEIVED
Balkus stated that nine C91 written protests had been received.
Letters of protest were read In full from the following NINE PROTESTS
protestants: CONCERNING COSTS,
ETC. READ IN FULL
Charles S. Worsham, 1276 Millbury, Le Puente; Assessment 91B ILetters Ira
two letters received) Official Files,
Charles R, A Marianne C. Bennett, 4150 Center St,; k-ssestmvt *13
Mrs. Theresa Redwing, 4160 N, Center St.; Assessment #14 and 05
Mrs. Juanita A Stanley L, WI I1, 409 Walnut St.; Assessment #8
Frank E. A Alice M. Ralve, 4149 N, Walnut St.; Assessment #2
two letters received,
Bertha Stoskus, 4111 N. Walnut St,; Assessment #6
Ai a Herron, 4135 N. Walnut St,; Assessment #3
Ruth L. Winn t Elnore Town#, 4129 N. Walnut St.; Assessment #5
Edward J. Denning, 4328 N. Maine Ave.; Assessment #13
QContInued9
1968 05 07 CC MIN ×P $ â˜öAdjourned Regular Meting of the Baldwln Park City Council J"y 6D 19"
Page 2
City Attorney Flandrick suggested that prior to entertaining
any oral comoents from these who f10ed protests or any other
oral comments that they might inquire of the City Engineer
and the Assessment District Engineer a statement concerning
the basis of the spread of the cost of the assessment and any
consent he might have on the protests as filed,
City Attorney Flandrick asked Mr, Bevington from the firm
of Lockman and Bevington, 249 East Pomsna BWevard, Vanterey
Park, if his firm was employed by the City in conjunction with
the assessment district. Ar. Bevington stated it was.
City Attorney Flandrick asked Air, Bevington basically what
his firm performed by way of Engineering services. Mr. Bevington
stated they were hired as tine Engineer of Work tae design and
supervise the construction, and to spread the assessment.
City Attorney Flandrick asked dlr. Bevington if he was the project
engineer In charge of this particular project, Biro Bevingtoa
stated that he was.
City Attorney Flandrick asked Mr. Bevington if in his opinion
the work as done was completed In accordance with the plans and
specifications and to bis satisfaction and to the satisfaction
of the City Engineer, Are Bevington stated it was,
City Attorney Flandrick asked fro BevinSton If the assessments
were prepared In his office and under his direction, Xr,
Bevington stated that they were.
City Attorney Flandrick asked Or, Bevington if the assessments
were spread in proportion to his estimate and oplnlm of benefit
to such properties. Mr. Bevington stated that they were.
City Attorney Flandrick asked Ar, Bevington to describe his
basic formula for spreading the cost of the district. Ore
Bevington stated that the basic formula was one of benefit to
the property involved in the district; that all of the properties
in the district received frontage on the new street; that this
adds additional value to the property; that there was better
access even to the properties that wore already developed; that
the street was a normal residential street; that the street was
a safe street for trawling; tkat there was the ablOlty on the
undeveloped plots to proceed with development end construction
on a completed street.
City Attorney Flandrick asked Are Bovington if the improvement
Itself included riot only street loprovwents, as such, bast
sewers, water service and the like, Are Bevington stated that
this was correct; that there was a water line; that water
laterals were run to each property; that there was a sewer
line, with sewer laterals to each property; that there were
driveways to each property, where they were requested by the
property owners; that there was also a storm drain from the end
of the property which cerrIes storm water run off out N1 a public
street.
City Attorney Flandrick stated that Mr. Bevington had beard the
protests as read and asked Are Bevington If he would coaeaent to
the Council on the protests and any general comment regarding
all of the protests. lAr, Bevington stated that the first general
cement should be that the petition had been carefully e Ined;
that it was an exact description of the work that was to be'donei
that it was signed by almost 65% of the affected property owners;
that the signatures had been reexamined and that sera of the
protestents this evening had signed the petltlon; that the City
presented estimated costs at tine formation hear1T,g; that tae actual
costs were less in all cases except fear one percel, that being
QCentlnuedD
1968 05 07 CC MIN ×P $ â˜ö C-CID3'789
Adjourned Regular IIAeeting of the Baldwin Park City Council fy 6, 1968
Page 3
parcel lion 4; that there were two QED sewer laterals that
were placed serving that property by the request of the
property owner as against the one which they had included
in the estimate; that this was the only property where the
final costs exceeded the as estimated coats; conversely it
should be stated that the 1Yi nn as Parcel Nod 5 and the
sewer lateral that was placed tar Parcel lye. 4 was eliminated;
that taking the protests in the order that they were read,
the general protest; that a number of the protests followed
very much the same farm; that they protested as to the amauot
of the final assessment; that the district was illegally forte
ed by the Council; that there was no legal protest at the time
of the formation to halt proceeding of the work, therefor the
contractor had gone ahead and completed the street; that there
was a comment 1 n general man the form protests, as he would
cell them, of the taking of property without due process;
that condemnation proceedings were started on ail of the
properties; that the float value of the properties would
be determined by the court, net by this Council and net
by himself; that there had been general comment as to the
enlargement off the district; that In his opinion this was
a completely local street and that there would be no basis
far benefit to the properties throughout the City of Baldwin
Park and therefor- there would be no basis upon which the costs
could be spread to other properties; that this in general
would be his ceaawents as to the protests on Parcels 11, 13,
14, 15, 8 and 2; that Parcel No, 2 had had an additional
protest as to the basis of the assessment; that as he had
stated the basic assessment was far benefit; that front
frontage was not the only factor and by the leer should net
be the only factor considered; that there were individual
items within the district, in than saw parcels have
two sewer laterals; that some have two or three driveways;
that therefore the benefits to the individual properties
must be taken into consideration; that Parcel No. 2 also
protested on the construction that was done across Parcel
No. 16, the curb and gutter on Palm Avenue; that this was
shown in the plans at the time of the public hearl,o9; that
this work was done entirely at the cost of Mr, Shucks that
wlr. Shuck was the owner of Parcel Me. 16 that a question
was raised regarding the special atterney0s fees; that
these districts were always handled by Special Bond Attor-
neys so that the work would be correctly performed and
acceptable to the bond company; that the next protest
eras from Stoskus, Parcel no. 6; that they had commented
on the debt Ilasttation; that this of course was waived
in the petition; that the City Council had proceeded to
hear a report en the cost, brat by the very act of the peti-
tion itself the debt limitation restrictions were waived
mead were not jarisdlctional Bus this case; that they had
commented on the improvements, the placing of the curb,
gutters, sidewalks, street trees and paving; that these
were the present City standards and no greater than the
present City standards; that any lot that would be devel-
oped at this time in the City must be developed to these
standards; that they had commented man the petition c1rculam
tion and of course the City had no jurisdiction over that;
that the petition form was given to the petition circulataar;
that it was there for the property owners to read; that the
extent of the improvements was stated on the petition and
the attached map; that any cents that were made, were
made by the petition circulator neat by the Clty; that they
had coomented on the condition of the street; that he had
reviewed the street this afternoon; that it would appear
to him that the only damaged areas were those where chil-
dren or others had thrown racks; that there were a number
QContlnuedl
1968 05 07 CC MIN ×P $ â˜ö6003'790
Adjourned Regular Aeeting of the Baldwin Park City Council May 6, 1968
Page 4
of rocks that apparently had been thrown and broken against
the curb; that the curbs were chipped in taro or three areas;
that Mrs. Staskus had also cemented on the fact that she was
missing one page out of the notice; that he would have no
dent on this as it went oat from the City Clerk's office;
that Mrs. Staskus had filed a written protest at the time of
the protest hearing; that the next protest was from Parcel
No. 3, Herron; that they requested a full statement of the
expenses; that there was a copy of the assessorrent diagram and
the full report on file In the City Clerkas office; that he
also had a copy with him that they could look at; that It
showed a full copy of the contracter0s expenses, exactly what
was paid for each Item, a full copy of the Engineering costs,
inspection costs, the crest of preparing the resolutions,
notices, printing and advertising, cost of spreading the assess-
ment, the cost of printing, servicing and cmllectlng the bonds
and the cost of acquisition; that this had been on file In the
City Clerk°s office since the 85th of April and could have been
Inspected at any times that it would remain on file in the City
Clerk's office; that the next protest was an Parcel No. 4, Winn
and Young; that their comment was regarding the higher cost;
that there was a shift In the sewer lateral; that each sewer
lateral costs $193.91; that the difference In their cost was
a matter of $6.00 or $8.00; that when you take Into account the
fact that they received a $194.00 sewer lateral and the cost
went up some $7.00 or $8.00 their actual cost was dropped by
some $184.00 or $185.00; that the last protest was on Parcel
No. 12, enning;-that there had been four pelaats brought up;
1. as to the splitting of the bonds are that I t wau ld not be
all against one parcel; that this could be done at any there whew
there was a legal lot split before the City; that at this there
the property was one large parcel, 180 ft, of frontage on Center
and 180 ft, of frontage on fnterey Avenue and some 300 ft. In
depth; that Mr, 0enning had counted about the hodgepodge street;
that there were s substandsrd lots there, beat the lots as they
would now be split would apparently be standard with 60 ft, front-
ages; that he had cemented as to the costs, and again the costs
were lower than those given at the formation hearlng; that he had
dented as to the petition waordlag; that this was a standard
petItIon, which was used for this four and he thought it was quite
exact; that It had been developed by the City of 19aldwin Park after
many years; that I t odes exact as to the work to be done, the area
tad be assessed, the boundaries oaf the district were very carefully
outlined; that the Information was there for the persons to read
If they wished to do so.
City Attorney Flandrick asked Mr. 8evingtmn If In his opinion the
cost spread for the non protesting properties was the same In
proportion as those protesting here tonight. JAr. eevington stated
that they were.
City Attorney Flandrick asked Mr. 8evington If In his opinion the
cost figure represented benefits derived by the properties by the
construction of these improvements. Mr. eevington stated that a
was correct.
City Attorney Flandrick asked City Engineer French If he was
familiar with the assessment district itself, the construction
and the spread of the assessment. City Engineer French stated
that he was familiar with oil aspects of tine project.
City Attorney Flandrick asked City Engineer French If he agreed or
disagreed with the answers given toe the questions that were put to
Mrs Etevington. City Engineer French stated he agreed with Are
eevingtones angers.
C, con, t I hued D
1968 05 07 CC MIN ×P $ â˜ö Adjourned Regular Aeet l ng off the Baa ldwin Park City Couvaci d
Allay 60 1968
Page 5
TESTIMONY WAS G WEN by: TEST 1 AIDAIY
Mr, Joseph Renner, Attorney At Low, representing Bertha Stoskus,
JOSEPH RENNER,
stated that the biggest pretest he had In Mrs. Stoskus° behalf ATTY, AT LAW,
was that this Council had a duty as parents of this City to see
REPRESENTING
that the City and the taxpayer were treated falrly$ that this BERTHA STOSKt9S
Covnci1 had permitted a street that was so expensive that it was
like a new cadsilac being sold to people who could only afford
a used ford; that this street cost $79,000,00 In an area where
the total assessment market value before the street went in was
$38,000.00j that the street was worth twice as smemch as the entire
assessment district before the street was constructedl that many
people signed the petition Tim the belief that the street would
be free; that the City of Baldwin Park would be putting the street
in; that that was why the saam people were protesting the assess-
moment tonight that signed the petition In the first place; that
when the notice was mailed stating that you cotmld protest; the
notice stated that you my he heard on Vow protest and heard tee
the average layman means, you may speak saint and the Co mclI would
listen tin your oral words; that winch was not the casey that when
you say that the pretests were soot made by the majority of the
people fronting this Improvement, it was because they d1l not know
that they were to f1le a amrJtten protest; that the City mislead
them into believing that as oral protest would be in order; that
the City Attorney knew Airs. Stuskus could not go to a court of
few and ask for equity in this matter until she has filed a pro-
test with this Council and this Council had on opportunity to
correct what they considered coaafiscation of *rs. Sfskus° prop-
ertyi that by the City's am estimate Mrs. Stoskus° property was
worth $6,336.0(3, the part that has been Improved and that the
assessment was $8,413.00] that this arcade a new worth of $14,749.001
that Mrs. Stoskus would never be Nbie to pay off the assessment of
$8,413.00; that not only weld she stand to lose the two lets that
face on the new Monterey Avenue Assessment district, but she stands
to lose her home, which faces on ft 1nutg that he would like to have
the Council just think for a e rent as to what would happen to their
$50,000.00 home if the City In which they lived slapped a lien of
$70,000x00 as an assessment ors a street behind them; that he would
respectfully request that this assessment be spread over the entire
City of Baldwin Park, rather than on these people lam this low in-
come area.
City Clerk Ba l kus stated that the minutes of the format ion hearing,
October 4, 9967 reflected that all pretests together, coral and
w tten
was approximately thirty C30D percent based upon frontage,
Air. Joseph Renner, Attorney At Law, stated that tare reason Sr. Shuck
AIR. JOSEPH
RENNER,
withdrew his protest was because he was the only minas who received a
ATTY. AT LAW
free street; that the went that the City paid him was the mount
that the street cost.
Mr. Bevington stated that the City acquired a full si'cty 1.601 ft.
of frontage off of the Shuck property; that this woos turned over to
an appraiser who worked for the City awed he had furnished the f l g-
ores for the amount which should be paid for the frontage property
which Air. Shuck was giving upj that a sixty GG3D ft. frontage would
have been a complete legal lots that Air. Shuck had a let facing
on Palm Avenue, which he could have legally split off and made a
lot out of its that instead the City acquired It to open up the
street for the rest of the property owners; that In the opinion of
the appraiser that did the appraIs1hg Mr. Shack In effect lost a
full lot; that this was the reason that time amount that was paid
for his property came very close to the total assessment.
lsont R hued 10
1968 05 07 CC MIN ×P $ â˜öAdjourned Regular M<eet I ng a v' the 8e ldwl n Park City Council May 6,
1968
Page 6
Mr. Frank Ralvo, 4149 forth Walnut, stated that In regards tai FRANK RAIVO, 4049
Mfr, Shuck°s property that he still had his let; that they took N. Walnut
a lot away from him *R, Pa0w, hut they paid hive full vague for
It; that he now had a lot an fanterey Avenue that he previously
had no access to before; that he got a street free and his land
too.
City Clerk 8aalkus stated for purposes of clarIfficatIon that at
the public hearing en the ff tIon of the district Mrs. Redwine
and Mr. Herron had evade a statement. Mrs. BsOkes read In full
their statements from the minutes of October 4,. 1967.
Mfr. Alva Herron, 4039 North Walnut, stated that he would like ALVA HERRON, 4139
an estimate of the costs, such as EagIneer-Ing, what It cost to N. Walnut
drag the plans,, what the bid was, etc., wherein the assessment
diagram and report were shown to Mr, Herron.
Ruth Winn, 4829 North Wagnut, asked why s of the assessments RUTH WINN, 4129
ran higher than others. N. Walnut
Mr. Sevington stated that the a asses pt was rather complex;
that If they took out the individual item, such as driveways,
sewer laterals, water laterals and extra Items that were acquired
such as Mr. Shuck°s curb, gutter and sidewalk the front of hIb
property; that the ruining costs were spread on a footage basis,
with that portion being e4ua0, bout becaaise of a00 the various
individual Items, for Instance Mars. Wtrdcaastle had) 180 ft. o4 front-
age, but she only had one driveway; that certaaWy the net cost
would vary based on the Individual Items that were Installed,, ut
the basic street Improvement, sewer line, waater Me and storm
drain were equal for the propertles; that Or. Herron was given
credit In the district for the ffict that he had already donsted
his property tai the street.
Ruth WInn, 4129 North Walnut, stated) she had deducted what the RUTH WINN
City had allowed her on the property; that the total assessment
for the 098 ft, was $02,920.00; that she would end up with three
43D sixty-sloe R66D ft. lets; that Ar, ilerron had a sixty C60D
ft. lot; that there was a dIfffference of $6.00 a ft.
Mr. 8evIngten stated that the iierroxn property did not go through
to the other properties; that the Winn property did go through;
that these properties a would either have deeper lots, or bigger or
better lots sir the potential ot3 ending ap with mare lots; that for
this reason there was a factor ono these properties of the frontage
that was placed Into the ssses ent to equalize the benefit between
a small lot 84 ft. deep and the potential of these lots which would
be 140 or 150 ft. deep or by proper design a greater number of
lots than six W could be dchleved.
Mayor Ma Caron asked) I ff there were s of these lots that had been
split prior to this ssaaessmen t d I str I ct and I ff there was an agree-
ment assigned by a previous wrier ststlng they would participate
In the development off this street whenever It became feasible to
Construct the street.
Mr. 8evington stated that there were some properties acquired
by the City as part of previous lot upOltso
Mr. AGva Herron, 4139 North flaaut, stated that of the actual ALVA HERRON, 4039
bld fiats an awful price f:*r Arawinag up plans end surveying; that N. Walnut
It had been previously stated that the Herron property did snot
go through to Walnut; that this was root tree; It did Va through
to Walnut; that It hod been stated that this street was of no
vague to the City; that en he land! built, his house thaw thirty
C301 ft. In the back had b'aeen Important; that he had been unable
to get a perms t aunt N 0 he dig:: ii ateaii thus farad, th:ttt he ordered
why I t was so va 1 uA'h l a hhef sad, of nv~~ vague to the C° I ty new.
Gfi;on~' I n uad D
1968 05 07 CC MIN ×P $ â˜ö 0003'793
Adjourned Regular Aleoting of the Baldwin Park City Council
May 6r 1961;<
Page 7
Alr Bevtngton stated that regarding AIr, Herronts first ca~went
on the Engineering and inspection costs, that the engineering
came directly out of the American Society of Civil Engineering
handbook as to the size of the project and the amount that
should be charged per project; that perhaps Mr, Herron should
also be aware of the fact that their office had done all of the
engineering, paid ail of the salaries and often carried one of
these assessment districts for as long as a year; that the la-
spection ran less than 391; of the cast of the contract; that he
felt this was a very low inspection ratio; that the engineering
Included the surveying cost; that three 3) people had quoted
on the surveying for this project; that the final surveytog,for
the project ran about 50% of what was initially estimated; that
this required constant inspection; that there had been an inspec-
tor on the job all the time,
Sr. Herron stated that there had not been an inspector on the
AIR, HERRON
job all the time, because he had looked for an inspector when
they had dumped old concrete an his approach and there had burn
no inspector on the job all that day,
A1r. Bevington stated that he would take exception to Alr, Herroats
statement; that there had been an inspector on the job at all
times when any construction was going an that required inspection.
Alr, Bevington stated that whether Mr, Herron•s property wept clear
through or not that legally there was a lot created at the rear
portion facing onto this street; that as far as they were concerned
AIr. Herron may own contiguous property out in same other area, but
this could not become part of the assessment district or could not
be assessed; that the Herron property had already been split,
Mr. Ed Denning, 4142 North Bresee, stated that AIr, Bevington had ED DEMING, 4442
stated that the petition was read by the people and understood
Ai, Bresee
by them,
Alr. Bevington stated he did not say that; that what he had said
was that the petition was very clearly stated and the map of the
improvement was very clear, if the people read it.
City Attorney F(andrlck stated that the question of the petition
was raised by the property owners, specifically Mr. Donning, at
the time of the first protest hearing, that what happened to that
petition has been subject to about fifteen 15) different Inter-
pretations; that it was certainly not relevant to this hearing;
that this was a question of shall the cost as proposed be assess-
ed against the properties and was the work done properly; that the
Issue of whether the district was formed properly had already been
resolved.
AAr. Donning stated that he had not been aware of the petition;
AIR. DENNING
that he had seen it for the first time when he had obtained a
copy from the City; that he read the petition and did not under-
stand It; that the 1911 Act required 60% petition and on the very
same petition the people waived their right of debt limitation;
that after spending $1200.00 with his attorney; that his attorney
had said the City could have initiated this improvement without
a petition; that he had been told at the meeting of October 4,
1967 that his oral protest would be recounted, but that the
petition waived all of his rights, then he found out that page
3 of the notice delivered to him was missing; that on page 3 of
that notice it had stated that it was obligatory to put a protest
in writing.
Alayor AIcCaron stated that the total of protests, oral and written,
at the October 4, 1967 meeting had not been over 35%.
Continued)
1968 05 07 CC MIN ×P $ â ˜ö0003794
Adjourned Regular Meeting of the Baldwin Park City Council May 6, 1968.
Page 8
Air. Denning stated that his attorney had said this was legal, AIR. DEMING
but it was Immoral, unjust and exhorbitant; that not a person
in this district could pay from $30.00 a month to $146.00 a
month on an assessment; that every single one of them would
lose their property.
Marianna Sennett, 4150 Center Street, stated that she agreed MARIANNA BENNETT,
with Mr. Denning; that they had a lot 90 x 270 ft., which was 4150 Center St.
split into two 2) lots; that they owed $4,5W.00 against It
the way it stood; that it was a thirty 301 year old house;
that with this assessment they would trice around $19,000.00 or
more; that you could only sell a lot in Baldwin Park for around
$6,004.00; that including taxes, insurance, etc. their payments
would now be about $190.00 a month; that they had four children
and would probably lose their property over this; that if this
was a moral City Council she hoped they could sleep nights.
Councilman Morehead asked how many lots were involved in this
assessment district, wherein Mr. Bevington stated that there
were sixteen 16) different property owners.
Councilman Morehead asked how many people had signed the petition
requesting that the improvement be constructed, wherein Mr.
Sevington stated that thirteen 13) property owners had signed
the petition.
Councilman Morehead stated that before the contract was awarded
ail property owners were notified of the estimated cost sad that
the actual cost had resulted in a lower cost than the estimated
cost; that when 656 of the property owners had signed the petition
he had had no choice but to go along with the majority; that the
end result had been that a street had been improved; that now the
same people who had signed the petition were protesting against
the cost.
Mr. Alva Herron, 4139 North Walnut, asked how it was known that MR. ALVA HERRON
16 people signed the petition, wherein City Engineer French
stated that when the petition was brought In It was verified ay
the circulator; that the names were correlated with the owner-
ship as shown on the equalized assessment roll; that If there
was a discrepancy between what was shown on the last equalized
assessment roll and the signature on the petition, they required
some proof of ownership; that the petition was filed with the
Council by the circulator based upon his statement that he ob-
tained the signatures; that the City did not call each signer an
inquire if they did sign the petition.
Mayor McCaron stated that a formation hearing had been held and
all property owners notified; that the point of whether the signa-
tures were genuine or not was not of a material thing at the
present time.
Mr. Renner, Attorney At Law, stated that Mrs. Stoskus was AIR. REAMER, ATTY.
concerned because same one had said that she must have known AT LAW
that her protest had to be in writing because she made a
written protest; that she had made a written protest because
she had found out by a round about way, not through page 3 of
the notice.
Mayor McCaron stated that her protest was still counted at the
formation hearing; that ail oral and written protests had not
been sufficient to warrant cancelling the district; that those
properties that were already dedicated were obligated to go
along with whatever improvement was to be put in In the area;
that everyone seemed to think that Council could take this
cost and assess it to the entire City; that this was erroneous;
Continued)
1968 05 07 CC MIN ×P $ â
˜ö 0003'795
Adjourned Regular Meeting of the Baldwin Park City Council May b, 1968
Page 9
that no one should expect someone else to carry their obliga-
tions for them.
Mr, Kenning stated that the citizens of Baldwin Park expected AIR. DENNING
the City Council to take care of them; that he had asked City
Engineer French if there was any precedent on the 1911 Street
Improvement Act, which could be used to improve an entire street;
that City Engineer French had told him they used it all of the
time; that the only street he knew of where It had been used for
an entire street, was Jerry Street; that he had lots listed on
Jerry Street for $5,000.00; that they had been listed for over
ten 10) months; that they were not selling; that every single
member of the City Council should be concerned about the indi-
viduals in Baldwin Park; that he would lose his property to the
bond holder, unless he could switch the bond to other lots; that
this would prolong the agony; that he would like to know whether
the City Council cared or not if he lost his property; that
Baldwin Park was now a poverty area; that it had been declared
a poverty area; that because of this when they sold property
now the Insurance companies In cooperation with the Federal
Government cut the cost to the seller; that if he were sitting
on the Council and one person lost their home he would feel It
on his conscience; that the petition had been ambiguous and un-
intelligable to the layman; that he had physical evidence why
one of these petitions was marked $2,000.00 per lot.
Mayor AlcCaron stated that the City did net go out and solicit
this petition.
Councilman Crites stated that he felt the Council had acted In
good faith on the basis of the petition; that he believed that
the assessment had been spread out in a proper manner; that he
felt they were having the protests because the total figure
was what It was.
City Attorney Flandrick stated that if Council desired they could
continue the hearing for further 6tudy; that prior to the close
of the hearing they should consider the protests as such; that
if they felt that the protests should be overruled, n other
words if the spread of the assessment was proper under the ev(-
dence given by the Assessment Engineer,. then at this point a
motion would be appropriate to overrule all the written protests
as received and thereafter close the hearing.
Mr. Renner, Attorney At Law, stated that Mayor McCaron had stated
that it would be illegal for the Monterey Assessment District to
be expanded as the people had asked; that he wondered if this
was correct, wherein City Attorney Flandrick stated it was.
Mr. Renner, Attorney At Law, asked Mr. Flandrick if he had an
authority for that statement, wherein Mr. Flandrick stated Section
5000 et. seq. of the Streets and Highways Code; that he was sure
that Mr. Renner was familiar with it and knew that you could not
spread costs against property that was not benefited.
MAYOR MCCARON MOVED THAT THE CITY COUNCIL OVERRULE ALL OF THE MOTION MADE AND
WRITTEN PROTESTS AS RECEIVED. COUNCILMAN MOREHEAD SECONDED. CARRIED THAT COUNCIL
Roll Call. There were no objections, the motion carried and OVERRULE ALL OF THE
was so ordered. WRITTEN PROTESTS AS
RECID.
As there was no one else in the audience desiring to speak PUBLIC HEARING
either in behalf of or In opposition to the Monterey Avenue DECLARED CLOSED
Assessment District 67-1, Mayor McCaron declared the public MONTEREY AVE. A/D
hearing closed. 67-1
Continued)
1968 05 07 CC MIN ×P $ â˜ö 0003'796
Adjourned Regular Meeting of the So Idwin Park City Council May 6, 1968
Page 10
City Attorney Flandrick stated that a draft of a resolution
had been prepared in the alternative form; that the resolution
would confirm the diagram and order its recording.
RESOLUTION NO. 68-111 CONFIRMING RES. NO. 68-111
ASSESSMENT IN A/D 67-1 MONTEREY CONFIRMING ASSESS-
AVENUE) AM IN A /D 67-1
MONTEREY AVE.)
City Clerk Balkus stated that after the third paragraph should AFTER 3RD PARAGRAPH
be added WHEREAS, written protests were received from the SHOULD BE ADDED
following property owners; and said Council having duly' WHEREAS, WRITTEN
considered sold protests, by motion, overruled the same." PROTESTS WERE
RECEIVED FROM THE
FOLLOWING PROPERTY
OWNERS; AND SAID
COUNCIL HAVING
DULY CONSIDERED
SAID PROTESTS, BY
MOTION, OVERRULED
THE SAME."
COUNCILMAN MOREHEAD MOVED THAT RESOLUTION NO. 68-111 BE ADOPTED RES. NO. 68-111
AS AMENDED AID THAT FURTHER READING 4,E WAIVED. COUNCILMAN ADOPTED AS AMENDED
ADAIR SECONDED. Roll Call. There were no objections, the
motion carried and was so ordered.
00-
AT 7:08 P.M. COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL 7:08 P.AI. COUNCIL
RECESS FOR THIRTY 30) MINUTES. COUNCILMAN ADAIR SECONDED. RECESSED FOR
There were no objections, the motion carried and was so THIRTY 301
ordered. MINUTES
00-
1968 05 07 CC MIN ×P $ â
1968 05 07 CC MIN ×P $ â
˜ö0003'798
Adjourned Regular Aleeting of the Baldwin Pork City Council Alay 6, 1968
Page 12
COUNCILWOMAN GREGORY MOVED THAT RESOLUTION NO, 68-112 BE RES. NO. 68-112
ADOPTED AND THAT FURTHER READING BE WAIVED. COUNCILMAN ADOPTED
ADAIR SECONDED, There were no objections, the motion
carried and was so ordered.
Chief Administrative Officer Nordby stated that in preparing C.A.O. RE ESTIMATED-
the proposed budget they had tried to estimate optimistically, REVENUES PROPOSED
yet conservatively; that they had estimated Account No. 917, BUDGET 1968-69
Sales Tax, at $325,000.00; that the same rate of S.35 was
projected for the Recreation and Parks for the coming year;
that the $.61 was only about 5} % of an $11.0 per $100.00 tax
rate; that once the tax rate was increased to the statutory
limit they would have no latitude and until same great need
arose he had,;submitted a budget at the same rate. He explain-
ed that this City had established a limitation and worked
toward that end; that one of the items that was not totally
resolved was the expense account of Boards and Commissions.
He stated that the revenue for the current year from Account
No. 951, Alcohol Beverage License was estimated at $16,000.00,
but this should be Increased to $18,000.00; that they had
estimated a little too high on property taxes, and the reason
for this was that there had been a cut back In construction
and the assessed valuations had not increased at the same rate
as previously. He explained there were a number of Items that
were yet to be considered in the various departments in which
these accounts occurred; that City Clerk Balkus had stated
that the Soundscriber machine eras reaching its last few months
of service; that this had been in last year's budget too for
some $1,800.00; that he had hoped to have this custom`. built
in a new facility, however if there was no hope for the equip-
ment to lest they would have to act earlier. He stated that
he had an appointment with s representative of the Crossing
Guards at 9:30 a.m., May 7, 1968 to try to resolve any differ-
ences; that they were paid $1.75 an hour presently and they
would like $2.00 an hour; that the survey showed $1.77 on
hour; that in the appropriations he had set forth a $10,000.00
contingency; that the Planning Commissioners were now paid a
flat fee per month in accordance with the Code which they felt
was not adequate; that this would have to be resolved after
more study; that lost year the Chamber of Commerce had been
paid $16,000.00; that his philosophy concerning this was, If
all the departments requests were being reduced that they
should be included; that he had again recommended the same
amount; that another Item which did not appear was the pay
for Street Maintenance workers; that the salary survey
showed that they were 8.88 under the cities they surveyed;
that he had originally reccnawinded 5% and had now changed
his mind to 7} S; that this additional 7# S would amount to
approximately $3600.00, which would be allocated to about
twenty 20) men; that all of the recommended salary in-
creases had been worked into the budget with the exception
of the Street Maintenance men; that the total amount of in-
creases would be in excess of $55,000.00. Mr. Nordby said
that he was recommending an increase in the City's partlel-
potion on each employees major medical benefits from $7.00 to
$10.00 adding dental benefits and tripling the life insurance
from $1,000.00 per employee to $3,000.00, he said he had not
made a salary recommendation for the Administrative Aide or
himself.
Page 1, City Council, Account No. 1100. No changes were ACCOUNT NO. 1100
made in this account. CITY COUNCIL
APPROVED
Continued)
1968 05 07 CC MIN ×P $ â˜ö 0003'799
Adjourned Regular Meeting of the Baldwin Park City Council May 6, 1968
Page 13
Councilwoman Gregory stated she felt something was needed
for special meetings that members of Council might like to
attend.
Chief Administrative Officer Nordby stated that the policy
concerning personal expenses for the City Council, Boards
I nd Commissions and staff members was not too clear; that he
felt before the budget discussions were over that they should
arrive at something more specific; that possibly one way to do
this would be to list the organizations to which the City be-
longed and who would be expected to represent the City and
how many; that he had first become concerned when the City's
newly created Recreation and Park Comaisslon had indicated
their intent to attend a meeting in San Diego; that for
everyone to attend seemed excessive to him and a duplication;
that in most instances one member and a staff member could
attend and bring back to the particular group the necessary
information; that he could not say if the funds projected in
the Council's budget were adequate for this purpose, however
they did compare with the previous years funds; that the City
belonged to a tremendous multiplicity of organizations covering
a wide variety of subjects; that he felt it was important for
the City to be represented; that It was sometimes difficult to
evaluate the returns from same of the organizations to which
the City belonged.
Further discussion followed.-
Mayor AcCsron stated that Chief Administrative Officer Nordby's
salary was considerably under the lowest salary listed on the
salary survey.
As there were no objections, Layer McCaron stated Chief C.A.O. SALARY
Administrative Officer Nordby's salary would be Increased by INCREASE APPROVED
$2400.00 a year. $2400.00 A YEAR
Chief Administrative Officer Nordby stated that the position AWAIN. AIDE
of Administrative Aide was difficult to compare because of the DISC, OF DUTIES
varied descriptions of the duties for this particular title;
that $350.60 was set by the Code for City Clerk; that the amount
of $500.00 was for the duties of Administrative Aide; that most
of the duties of the Administrative Aide In the City related to
the apsignment of the City Clerk; that from time to time he did
make assignments, however he was working without a full time
assistant; that the City of Baldwin Park was extremely fortunate
in having some one with the particular capabilities of this
City's employee elected to that position; that generally there
was a conflict when there was an elected and appointed official
working side by side.
It was the consensus of Council opinion that this item would HELD OVER TO
be held over to another session. ANOTHER SESSION
Councilwoman Gregory stated that she did not feel they should RE SOUNDSCRIBER
wait for a new Civic Center to purchase a new soundecriber;
that this was an important Item.
Mayor McCaron stated this item would be held over. HELD OVER
Discussion followed concerning the possibility of seine improve- DISC. RE SPEAKERS
ment for the speakers in the Council Chambers.. IN COUNCIL CHAWERS
Finance Department, AccountNo. 1400 was approved as presented. FINANCE DEPT. ACCT.
NO. 1400 APPROVED
AS PRESENTED'
Continued)
1968 05 07 CC MIN ×P $ â
1968 05 07 CC MIN ×P $ â˜ö 0003801
Adjourned Regular Meeting of the Baldwin Park City Council May 6, 1968
Page 15
that this had to work over a long period of time; that he
felt Account No. 2201, Chamber of Commerce should be raised
to $18,000.00.
Council woan Gregory suggested this matter be held over; ACCT. NO. 2201,
that she was sure the Chamber of Commerce needed the extra CHAMBER OF COMMERCE
money, but she felt that Council should give the personnel HELD OVER
at City Hall all of the consideration they could first.
i
the only way to solve the deficiencies of equipment and
personnel in the Police Department would be to makeup
adjustment in the tax rate; that he would rather have
satisfied personnel and a few less than needed than have
as many as they would like to have and have everybody unhappy.
Mayor McCaron inquired what the difference In the duties of
a policewoman and patrolman were. Chief of Police Adams stated
that top pay for a patrolman end a policewoman were the same;
that the policewoman was assigned to the detective bureau
where she worked with very small children and any other female
involved.
Mayor McCaron inquired what specific use would be made of EXPLANATION OF USE
the Van Type Truck, Account No. 3174, Police Department. FOR VAN--TYPE TRUCK,
Chief of Police Adams stated it would be used for a mobil ACCT. NO, 3174,
command post and would probably last for ten 101 years once POLICE DEPT.
it was equipped.
Chief Administrative Officer Nordby stated that about six weeks
ago Chief Adams and he had attended a meeting at KCET in Holly-
wood, the Educational Television Channel; that they had seen a
demonstration of closed circuit TV and the way It would work
with the District Attorney's office and outlying communities
in relaying valuable information by closed circuit; that he
would like to return to this Item at a later time and ask Chief
Adams to explain the details; that the cost would be around
$3600.00 for membership prorated among the member cities; that
the program did have some value in fighting crime; that this
might be left open for some consideration depending on what
was left of the $13,000.00 contingency fund when they were
through with the budget,
Account No. 3300, Building Regulation, was approved as presented. ACCT, NO. 3300
BLDG, REGULATION
APPROVED
Chief Administrative Officer Nordby stated that for the RECREATION AND
Recreation and Park Department they had tried to carry over PARK DEPT,
somewhat the same activities they were Involved in last year
for ten months; that the park building was nearly completed;
that this probably would require a slight increase n the
staff of maintenance personnel to maintain the structure; that
they were considering the scheduling of events at the park
building at this time which would be presented to the Council
as to who or what kind of organization should be eligible for
activities in the new building; that Account No. 7373, Other
Improvements, on page 155, was a ball park; that they war*
negotiating the project with the school district to be located
on the Sierra Vista Site; that he felt this was in line with
the Councills desire to utilize school property wherever It
was possible; that it saved the City a tremendous amount in
acquisition money; that they had attempted to set aside some
funds for the development of the Big Dalton Park.
Continued)
1968 05 07 CC MIN ×P $ â˜ö0003802
Adjourned Regular Meeting of the Baldwin Park City Council May 6, 1968
Page 16
ACCT. NO. 7374,
Councilman Crites inquired how the Recreation and Park Depart-
MOTOR VEHICLES,
ments garbage and trash was to be hauled away as there was no
PARK DEPT. NO
provision in Account No. 7374, Motor Vehicles. City Engineer
PROVISION VEHI-
French stated that the Public Works Department had taken over
CLES TRANSFERRED
the vehicles and were maintaining and using them; that an
TO PUBLIC WORKS
arrangement had been worked out far Mr. Lucas to call Public
works for whatever he needed.
Mayee McCeron stated that Account No. 7353, Recreation and Park,
indicated there was money for vehicle maintenance. Mr. Nordby
explained this money was for upkeep and repair of other machine-
ry used in the parks. Mr. Nordby further stated that the purpos-
ed budget had not been submitted to the Recreation and Park
Commission as after reading the Code he did not feel that this
was part of their responsibility; that it was not customary to
submit the budget to advisory boards.
Councilwoman Gregory stated the board was familiar with budgets
and had been submitting a proposed budget for a number of years;
that she felt the Comission had thought that the Chief Adminis-
trative Officer would be working with them on the proposed budget
and that this was how the misunderstanding came about.
00-
COUNCILMAN MOREHEAD MOVED THAT COUNCILWMAN GREGORY BE AUTHORIZED MOTION MADE AND
TO ATTEND THE LEAGUE OF CALIFORNIA CITIES MAYORS AND CEHBiCILMENS CARRIED THAT COUN-
INSTITUTE AT ANAHEIM HEADQUARTERS AT DISNEYLAND HOTEL, MAY 19-21, CILWOMAN GREGORY
1968 AND THAT HER EXPENSES NOT EXCEED $125.00. COUNCILMAN CRTTES BE RUTH. TO ATTEND
SECONDED, There were no objections, the motion carried and was LEAGUE OF CALIF.
so ordered. CITIES MAYORS AND
COUNCILMENS INSTI-
TUTE AT ANAHEIM
HEADQUARTERS AT
DISNEYLAND HOTEL,
MAY 19-21, 1968 JC
THAT HER EXPENSES
00- NOT EXCEED $125,00
AT 9:40 P.M. COUNCILMAN MOREHEAD MOVED THAT THE CITY COUNCIL 9:40 P.M. ADJ. TO
DAY, MAY 13, 1968, AT 7:00 P.M. COUNCILMAN MONDAY, MAY 13,
ADJOURN TO
ADAIR SECMED. There were no objections, the nation carried 1968 AT 7:00 P.M.
and was so ordered.
00-
THELMA L. BALKUS, CITY CLERK
CA
1968.
APPR D: 1,«'Jf
v
Date of Distribution to City Council jg,~g 31
Date of Distribution to Departments L-~~~ 1968.