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HomeMy WebLinkAbout1974 10 02 CC MIN1974 10 02 CC MIN(ÌìÑépeI N D E X OCTOBER 2, 1974 Paae Mayor Hamilton's absence excused 1 Oath of Office Ron Pohl, Patrolman 1 Minutes September 18, 1974 Approved 1 Res. No. 74-95 Claims & Demands Adopted 1 i Public Hearings: 1911 Act Short Form Intent to Order Work 74-S-16 Dismissed 2 Ord. No. 691 Recodifying Municipal Code continued to 10/16/74 2 10 AZC-70 Zone Code Amend; 10' Driveways in R-1 Zone Ord. No. 697 Introduced 10 11 Z-382 Zone Change C-1 to R-2 Dismissed 11 Oral Communications Gloria Zook re senior citizens AB 2818 11 Mrs. Carl Burnett Meats on Wheels" 12 Mrs. Myrtle Asquith senior citizens 12 Mr. T. E. Carpenter senior citizens 12 & 15 Mr. Jose Martinez senior citizens 13 Mrs. Amos Slater Mr. Sexton's expense account 13 & 14 Mr. Carl Sharpe expense account 14 Nichols Lumber Yard side yard encroachment requests extension of time continued to 10/16/74 15 Agreement Federal-Aid Urban System Projects Approved 16 League of California Cities Federal Aid Program Proposal Approved with Reservations 16-17 1911 Act Short Form Reports of Work 74-S-12, 13 & 14 Completion approved Hearing Date set for 12/4/74 17 Ord. No. 696 Subpar. 7), Sec. 3380 Speed Zones Adopted 17 Sister City Program continued to 11/6/74 18 Johrt A. Lathrop, Jr. Appointed as Director of Public Works 18 Meeting adjourned at 10:22 p.m. 18 BIB] 37658-U01 1974-U02 10-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9845-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 10 02 CC MIN(ÌìÑépe006^31 REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL CITY HALL COUNCIL CHAMBERS) 14403 East Pacific Avenue The City Council of the City of Baldwin Park met in regular session at the above place at 7:30 p.m. Councilman King led the salute to the flag. Roll Call: Present: COUNCILMEN KING, MC CARON AND MAYOR PRO TEM GREGORY COUNCILMAN WALDO ARRIVED AT 7:55 P.M.) Absent: MAYOR HAMILTON Also Present: CITY MANAGER MOCALIS, CITY ATTORNEY FLANDRICK. ACTING DIRECTOR OF PUBLIC WORKS SEXTON. ACTING PLANNING DIRECTOR HALE, FINANCE DIRECTOR DUNCAN, CAPTAIN HEBERT, CITY TREASURER CALE AND CITY CLERK BALKUS Also Absent: CHIEF OF POLICE ADAMS MAYOR HAMILTON'S ABSENCE EXCUSED. M/S/C: KING/MC CARON OCTOBER 2, 1974 7:30 P.M. FLAG SALUTE ROLL CALL MAYOR HAMILTON'S ABSENCE EXCUSED 00- C1ty Clerk Balkus administered the Oath of Office to Ron Pohl, Patrolman, after which Mayor pro tern Gregory presented his badge and congratulated him. 00- FURTHER READING WAIVED AND MINUTES OF SEPTEMBER 18. 1974 APPROVED. M/S/C: KING/MC CARON. 00. City Clerk Balkus read by title: OATH OF OFFICE PATROLMAN RON POHL MINUTES 9/18/74 APPROVED RESOLUTION NO. 74-95, ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK RESOLUTION NO. 74-95 ADOPTED AND FURTHER READING WAIVED. M/S/C: MC CARON/KING, Roll Ca11: No objections. 00- City Clerk Balkus administered the oath to those in the audience desiring to be heard during the meeting. 00- It was the time and place fixed for a public hearing on 1911 Act Short Form, Intent to Order Work, Case No. 74- S-16, Northerly side of Illinois Street between Bresee Avenue and Merced Avenue CG&DA). Continued from September 4 and 18, 1974) Proper postings and mailings had been accomplished. There were no written protests. As there was no testimony Mayor pro tern Gregory declared the public hearing closed. Continued) RES. NO. 74-95 CLAIMS & DEMANDS 770 851; PAYROLL 9/1 9/15/74 RES. NO. 74-95 ADOPTED OATH ADMINISTERED PUBLIC HEARING INTENT TO ORDER WORK 74-S-16 POSTINGS & MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING CLOSED BIB] 37658-U01 1974-U02 10-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9845-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 10 02 CC MIN(ÌìÑépeCC06'^33 Regular Meeting of the Baldwin Park City Council October 2, 1974 Page 2 Acting Director of Public Works Sexton recommended that this case be dismissed. CASE NO. 74-S-16 DISMISSED. M/S/C: KING/MC CARON. 00- It was the time and place fixed for a public hearing on Ordinance No. 691: RECODIFYING AND RE-ENACTING THE PROVISIONS OF THE BALDWIN PARK MUNICIPAL CODE Continued from 9/4 and 18/74) Written recomendations and suggested changes were sub- mitted by Mrs. Gloria Zook on 9/21/74 and by Thomas E. Carpenter on 9/27/74. City Manager Mocalis stated that a recurring question in the lists of inquiries referred to a shift of responsibility from department heads to the City Manager. He explained that there would be no change in the duties; departmental duties will remain the same; that the code as written will be more flexible. He asked that City Attorney Ftandrick review the suggested changes and recommendations. Mr. Flandrick gave a brief synopsis of Mrs. look's letter of 9/21/74 and his comments as follows: Omissions A. Conduct of Council Meetings. State law requires that rules and procedures be set forth with reference to hearings, etc. This will be in a separate document. Also, it is preferable to adhere to certain sections in the State Penal Code that govern and make a misdemeanor outrageous conduct at a public meeting. B. Annotating the Code with references to various applicable sections of state law.________ This is physically impossible as there are over 75,000 sections of the Government Code alone and there are some 25 State Codes. C. Provisions of the Ralph M. Brown Act. Council and all Commission meetings are conducted in accordance with this act. This is included in the Code so there will be no questions. D. Public Parks3710 Preferance to local residents. Limiting usage to city boundaries has been held to be unconstitutional. E. Section 4400 Nothing pertaining to political Handbills. Rules would be difficult to enforce and there is a serious constitutional doubt. 1006 One copy of Code at the Library for reference and inspection by the Public.______________ Council could order this. Continued) 74-S-16 DISMISSED PUBLIC HEARING ORD. NO. 691 BIB] 37658-U01 1974-U02 10-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9845-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 10 02 CC MIN(ÌìÑépeCC66^33 Regular Meeting of the Baldwin Park City Council October 2, 1974 Page 3 1100 Enforcement of Code Violations City Manager and/or City Council?______________' Council could change this. 1101 Labor upon Public Works Persons confined under final judgment City Manager and/or City Council?__________________ This is a standard provision and only permits this type of labor to be utilized if made available. 1207 Notices Return Receipt Requested. Council could require this but it is expensive and mail would stilt be a problem. 2201 Fire Chief. This is required in the Code. 2201-2 Council versus City Manager Appointees. This has been changed. All are Council appointees as in the present Code. 2201-2-D Fringe benefits. These are spelled out in terms of budgeting process and negotiations with employees concerning various fringe benefits and are also spelled out in the employees salary resolution. 2204 Council not to interfere with appointments or removals._______________________ Same as old Code. Council decision whether to retain in Code or not. 2205-5 Notice Return Receipt Requested. Same as 1207. 2256 Political Activities of Employees. This is policy determined by the Council. At 7:55 p.m. Councilman Waldo arrived. 2258 Conditions of Employment. Appropriation of Funds. Budgeted by direction of Council on a11 matters relating to employees and fringe benefits. 2303 City Manager. City Manager serves at the pleasure of Council and removal should be at their discretion. 2304 Fringe benefits. Fringe benefits are spelled out in salary and fringe benefit resolution. 2305 Absence of City Manager Should Administrative Aide be appointed Assistant City Manager?____ Acting City Manager in absence of City Manager or Assistant this is decision of Council. Continued) BIB] 37658-U01 1974-U02 10-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9845-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 10 02 CC MIN(ÌìÑépefC06^34 Regular Meeting of the Baldwin Park City Council October 2, 1974 Page 4 2370 Finance Director. State Law requires that this position be created by Ordinance and included in Code. This is necessary so functions are separated from City Clerk's duties. THIS IS entity to itself and there is no proposal to combine with any other office. The Finance Director should be responsible to City Manager who in turn works for the City Council. 2409 Designating City Manager as Secretary to each Commission and responsible for main- tenance of permanent records of each commission. This is no major change. The City Clerk presently has the records. Permanent records will remain on file in the City Clerk's office. 2450 Personnel Board Local Resident Requirement. Council could change this, however, meet and consult sessions will be required with the employee organizations as two members are appointed by the employees and there is no present requirement for residency within the city. 2501 Budget Add that copy of budget be on file at library._______________________ Council could request that the library accept a copy to be kept on file. This would be at the direction of the Council. 2601 Use of city property other than for public purpose too restrictive.__________ This is not too restrictive as it sould be a gift of public funds to allow private use of public property. 2704 Unclaimed property disposed of by Police Chief should this be by direction of City Manager or Council?_________________________ Council could require that the Police Chief submit to them a proposed method of disposition of property. 2800 Purchasing. Is presently under the direction of the City Manager who has designated the function to the Finance Director. This is the same. 2803-D Bidding and exceptions except when under $2500.00. This figure is established by the Council for purchase under an informal bidding process. Sealed bids, security, etc. wilt still be required on anything over the $2500.00. 2803-G Performance Bonds. They are proper and used every day. 3000 Public Health Code on file at library. Can be required at direction of Council. 3053 Fireworks Permits Previously handled by City Clerk and now by City Manager.__________________ Mr. Mocalis has indicated the reason for the use of the phrase City Manager as opposed to various department heads and elected officials throughout the Code. 1 Continued) BIB] 37658-U01 1974-U02 10-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9845-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 10 02 CC MIN(ÌìÑépe fCo^3-J Regular Meeting of the Baldwin Park City Council October 2, 1974 Page 5 3197 Washing or polishing vehicles on public street or alley prohibited.________________ This is no change from present code but can be changed by Council. 3240-3251 Parking Meters None in town, not a necessary section.___________ No meters at the present time, but if ever desired in the future this section provides a vehicle. No parking meter zones will be established without Council approval in the form of a resolution. 3609 Noise. This section has been reviewed by District Attorney Busch and he has indicated that this is as good an Ordinance as can be developed. There wilt be hearings to determine whether this section is adequate. 3731 Applications for Parades on Public Streets Previously handled by City Clerk and now by City Manager.____________________ Same comment as on 3053. 4006-B Exempt Business License Charitable, etc. previously handled by Finance Officer and City Clerk. Same comment as on 3053. 4014 Appeals Non-issuance of business license by City Manager.____________________ Same comment as on 3053. Appeals are handled by the Council. 4030-C Business License Apartments is this new Section?______________________ This is in present code and is a business license tax imposed on apartment house owners. 4103 Business License Application Investigation Who has been handling?_______________ The second half of the business license code relates to charitable and religious solicitation. The code sets out standard procedures which relate to special permits, none of which are zoning devices. The phrase City Manager is used throughout, but the permits will be issued by the various department heads and taxi cabs by the City Council. 4144 Business Permits Charitable Religious Solici- tations Who has been handling?___________ Same comment as on 4103. 4200 Dance Permits Old code. Police Department handled.______________________ Other departments are also involved therefore it says City Manager so the function can be delegated to whoever is the most appropriate. Continued) BIB] 37658-U01 1974-U02 10-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9845-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 10 02 CC MIN(ÌìÑépeC C06-:l.3ib T Regular Meeting of the Baldwin Park City Council October 2, 1974 Page 6 4300 to 4400 A Numbering Gap A business permit series was deleted and rather than retype entire code, these sections were left blank. 4800 Temporary Use Permits Who has been handling? The same phraseology applies that the City Manager shall now issue; presently the City Clerk processes and is issued by the City Council. Temporary Use Permits as such, due to some problems of timing such as the Chamber of Commerce and churches who find at the last minute they are required to have a permit, if we have an administrative official to isse the permits, then we can expedite the business. All of these matters are subject to appeal by an dissatisfied person to the City Council. 5300 Claims, Demands and Warrants What applicable Laws?__________________________ These matters are the subject of detailed regulations in various sections of the Government Code. Claims, for example, are the subject of about 250 to 300 sec- tions starting with Section 800. Warrants and Demands are covered in another series of sections of the code dealing with formal checks and the number of signatures required, etc. The comment is that they will be pro- cessed in the manner of the general law. 6029 Advertising and Signs on Benches Why? This applies to bus stop benches on public parkways. No advertising is permitted except public service announcements without the prior approval of the Council. The reason for this is that the City Council should have control over what appears on the benches. 6030 Curb Painted House Numbers Authority Who currently handles this?_____________ Presently requires T.U.P. & Council approval under proposed code. Permit is required and issued by the City Manager and then delegated to the Engineering Department. 6613 Faithful Performance Bonds Is this illegal? No, they are valid. 7603 7606 Public Nuisances What is wrong with the way it is being handled by Council now. The appeal fee proposed is $50. There are two separate sections of the code dealing with public nuisances. The first one relates to pro- perty nuisances such as a building or structure on the property. The Staff's recommendation to the Council was to process these matters by the first hearing held by the City Manager with a right of appeal to the City Council, if desired. The City Council can decide if they want the hearings before them or by the City Manager. If the City Manager conducts the hearing, they are subject to appeal and the fee would be up to the Council. 7650 7659 Public Nuisances What is wrong with the way it is being handled now?___ Same as 7603-7606. fConti'nuo/n BIB] 37658-U01 1974-U02 10-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9845-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 10 02 CC MIN(ÌìÑépeCC06^3? Regular Meeting of the Baldwin Park City Council October 2, 1974 Page 7 7700 House Moving Permits Why is this included again?______________________ Some of the wording of this section is in awkward fashion and not easily understood. If an indivi- dual wishes to move a house from the city or through the city, there is no problem if they are approved and have paid a fee. The second aspect is for house moving into the city to be placed on a lot and which is prohibited by the code. City Attorney Flandrick said that completed the comments on Mrs. Zook's questions. Mayor pro tern Gregory asked Mrs. Zook if she had any other questions or comments and Mrs. Zook said she would like a chance to go over the code again and then present a commentary in writing. Mayor pro tern Gregory asked City Attorney Flandrick to continue and to answer the questions submitted by Mr. T. E. Carpenter. 1001 Codification Authority State Codes should be referenced.__________________ This was covered in previous comments; would be a difficult task because of the size of the California Code. 1006 Two copies of Code at Library, one for release on 72 hour basis.__________________ Council could order this, not needed in code. 1101 Labor upon Public Works This was covered earlier. 1105 Enforcement of Code Council should be informed before final action.______ No change is proposed on any citizen complaint con- cerning the manner in which any City employee enforces the code, the City Council is available to consider the objections. 1207 Notices Registered or Certified Mail This was covered earlier. 2000 Council Meetings Procedure Outline This wi11 be done by separate resolution along with other resolutions to cover fees, rules and regula- tions, etc. 2201(2) City Manager Appointees This section was changed by Council at the last meeting so that the department heads serve at the pleasure of the City Council. Continued) BIB] 37658-U01 1974-U02 10-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9845-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 10 02 CC MIN(ÌìÑé peccos^sa Regular Meeting of the Baldwin Park City Council 2256 Political Activities of employees Commented on earlier. 2305 Absence of City Manager Designate chain of command in absence of City Manager and Assistant City Manager___________ A person to fill the position is designated and if this is not satisfactory. Council can stipulate. 2355 Removal City Attorney) Make specific as in 2303______________________ The same applies as that noted in Section 2303, City Manager. 2370 Office Established Director of Finance) There is no change in terms of the code. The office is required by ordinance and previous comments are applicable here. 7603 Notice of Hearing Public Nuisance) The present notice system relates to the notice going only to the property owner of the affected properties and not to the public or to the news- paper, but it can be if it is determined to be appropriate. October 2, 1974 Page 8 7604-7605-7606 Conduct of Hearing Public Nuisance should be public and appeal $50 fee.________ Hearings can be conducted either by the City Manager or by the City Council. It is up to Council to determine which policy to use. The weed abatement hearings are now handled by administrative hearing. Mayor pro tern Gregory asked Mr. Carpenter if he had any further comments or questions. Mr. T. E. Carpenter, 4346 Jerry Avenue, stated that the City Attorney had done a good job in explaining and answering the questions. He did want to clarify that he specifically recommended that two copies of the code be placed in the library and one would be allowed to go out on a 72 hour basis. He felt that distinctive clothing that. publicly degrades or identifies any person should be avoided and regular work clothing was proper. He thought the procedure for Council Meetings should be referenced in the code so that people would know where to look. City Attorney Flandrick said this could be done if it was desired, stating that City Council by resolution may adopt rules for conduct of its meetings. City Attorney Flandrick said it has been suggested that other documents such as the fee resolution, etc. and a general table of contents showing where they are to be Included in the code book. Continued) MR. T. E. CARPENTER BIB] 37658-U01 1974-U02 10-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9845-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 10 02 CC MIN(ÌìÑé peCCG643^ Regular Meeting of the Baldwin Park City Council October 2, 1974 Page 9 Mr. Carpenter stated that Section 2256 should be revised to allow leave of absence" instead of automatically and summarily dismissing employees who desire to seek an elective office. He asked if there was going to be a new position created for the Director of Finance and City Man- ager Mocalis said as the City Attorney had explained previously, most department head offices are not mentioned in the code, but the Director of Finance position is mentioned because it requires certain duties by State statute which are performed by the City Clerk in the absence of this position. It is the same job as our present Finance Director is performing. Mr. Carpenter also stated he objected to the Order of Abatement hearing by the City Manager and he thought that it was the Council's responsibility at a public hearing. He also thought that the fee of $50 for an appeal was wrong as it took away the citizens rights under the First Amendment of the Constitution. City Manager Mocalis said he agreed with Mr. Carpen- ter that there should be no fee charged in the limited area of public nuisances. He said the administrative hearings were proposed to take a load from the Council and the private citizens and also to save individuals the embarrassment of appearing before a large number of people. Mr. Carpenter said he felt that it would be a private hearing if held as an administrative hearing and it should be a public hearing and be on the agenda. City Manager Mocalis said he wanted to clarify the item of distinctive clothing for persons working under a final judgment). It was not clothing that would cause ridicule, but rather clothing which is similar to Army fatigues". This is so that the person in charge of individuals can identify them in a group of people and they could not walk away from the project. Councilman King said he felt that the section pertain- ing to the Finance Director should be spelled out decisively. At the request of Mayor pro tern Gregory, City Attorney Flandrick read Section 2950 of the old code pertaining to the Finance Director. City Manager Mocalis read Section 2370 of the new code pertaining to the position of the Director of Finance. Councilman King said they would probably need a job description along with this. City Manager Mocalis said he disagreed because job descriptions and duties of each City employee are in the classification plan which is the proper place. If there is ever a change, it is a simple matter for the City Council to amend by motion. Continued) BIB] 37658-U01 1974-U02 10-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9845-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 10 02 CC MIN(ÌìÑé peC 006440 Regular Meeting of the Baldwin Park City Council October 2. 1974 Page 10 Councilman King said he meant that the job descrip- tions be available in the library. City Attorney Flandrick said he would recommend that the table of organization of the City and the job classifications, personnel rules, etc. be included in the code by reference. City Manager Mocalis said the Personnel Board has met with the Employee Association and the Police Association and the revised Personnel Rules and Regulations have been approved and follow the new code. This will be taken up by the Council after they have approved the new code. There are quite a few documents that will be handled later. Councilman McCaron said he had items to discuss and suggested that they continue the hearing on Ordinance 691 to the next meeting. He and Councilman King asked that further questions be submitted in writing. Mayor pro tern Gregory said the public hearing on Ordinance 691 would be continued to October 16, 1974. Council concurred. 00- It was the time and place fixed for a public hearing on AZC-70, intent of the Baldwin Park Planning Corn mission to amend Section 9506.2a of the Baldwin Park Zoning Code to permit 10' driveways Instead of 12' driveways in the R-1 Zone. Initiated by the Baldwin Park Planning Commission. Proper publications and postings had been accomplished There were no written protests. Acting Planning Director Hale stated the staff investigation of surrounding cities Indicated that 10' driveways in the R-1 Zone is adequate. The Planning Commission and the staff have recommended that this amendment be made to the R-1 Zone. This will mean that a 10' width driveway 1s the minimum. Mr. Joseph Battaglia, representing Battaglia Asso- ciates, 1614 Chelsea Road, San Marino said they had brought this before the Planning Commission and the Planning Commission agreed with the proposal at that time. Most driveways are 16' where a two car garage is required because the garage door 1s 16*. This really pertains to older homes where garages are added or where the city would require garages to be built on parcels where a portion of land 1s split and they will put In a driveway and a garage. This involves unnecessary cost because it 1s Impos- sible to park two cars side-by-side on a 12' drive- way. Councilman King said the safety factor 1s still pre- sent and there doesn't seem to be a problem. There Is more of a problem with the 12' driveway. He was In favor of the 10' minimum driveway. Continued) \ ORD. NO. 691 P.M. CONTINUED TO 10/16/74 PUBLIC HEARING AZC-70 SECTION 9506.2a. ZONING CODE 10' DRIVEWAYS IN R-1 ZONE PUBLICATIONS & POSTINGS NO WRITTEN PROTESTS BIB] 37658-U01 1974-U02 10-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9845-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 10 02 CC MIN(ÌìÑé 1974 10 02 CC MIN(ÌìÑé pef,C66^4a Regular Meeting of the Baldwin Park City Council Mrs. Carl Burnett, 3783 Millbury Avenue, said she had served on the program Meals on Wheels" for the past two months. They have proven to be suc- cessful. Two women go to the convalescent home to pick up hot meals and deliver them to homes of the needy. They receive a hot meal and a cold lunch for $1.75 per day. She said the Women's Club would be happy to take any names and forward them to the proper authorities. Councilman Waldo said the problem in dealing with the elderly is that they don't want to let it be known that they need help. He said it is no secret that there are individuals looking in garbage and trash cans behind supermarkets and restaurants every day. Mrs. Myrtle Asquith, 13138 E. Judith Avenue, said some of the stores have food that is stilt good, but might be over-ripe or outdated. This is edible fruits and vegetables that the stores put out in such condition that senior citizens or anyone can go and pick them up. Senior citizens do have trouble getting help from welfare and they like variety. She and Mr. Martinez have checked on this and this has been going on for years. Mr. T. E. Carpenter said he couldn't believe this was happening and that he went over to inquire where the picture was taken and asked if it was true that the people came in to their garbage cans and he asked how this happened and what there was in the garbage that they are after. The lady said they had a disposal for the material Inside, but apparently the residue is if somebody eats there; there is no provision for eating there as all of their food goes out, so if they have no provisions for eating on the premises, nothing much gets out. He asked if they were aware of this going on and the lady said they were. She saw them come to the back of her store and pull out the garbage can and asked them what they were doing and the answer was, it was political. He said this didn't sound very good for her store. The lady said when she asked them, they said they came from Mr. Waldo who is next door. Councilman Waldo said the supermarkets put the produce in a box and that box is placed in the garbage can. They don't set it by the garbage can because there is a possibility no one would come by, but if they place it in the garbage can, it is to one side and the people must get in the garbage can to get it. As far as the chicken goes in a place that Mr. Carpenter mentioned, people buy the chicken in a box and sometimes they eat it in the car and my place is next door. Before I put a fence around my place, they would eat a large portion of the chicken and then throw it away and usually there were one or two pieces left and they throw it In the closest trash can they could find and until I had the fence, they used his trash can as well. Every Tuesday and Thurs- day morning, people used to come by and dig" in to get it. Continued) October 2. 1974 Page 12 MRS. CARL BURNETT MRS. MYRTLE ASQUITH MR. T. E. CARPENTER BIB] 37658-U01 1974-U02 10-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9845-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 10 02 CC MIN(ÌìÑépeRegular Meeting of the Baldwin Park City Council 06^43 October 2, 1974 Page 13 City Manager Mocalis said Council, at the last meeting, had asked him to investigate to see what could be done to help the senior citizens. He had contacted the Los Angeles City Department of Senior Citizen Affairs, a County organization, and was given a list of 10 senior citizens pro- grams. Our citizens pay taxes to the County who has the responsibility for welfare programs which does not meet the need of our community. We have a local group. The Community Center Committee, which is trying to raise money for a location to help the elderly and the youth of the community. He said they have submitted an application to the County for money to purchase a center. He has spoken to a developer who is interested in building apartments for senior citizens and has pursued the possibility of a grant from the Older American's Act. They are exploring every avenue to gain assistance for the senior citizens. Mr. Jose Martinez, President of the Spanish- American Council of Senior Citizens, said the conditions we have in Baldwin Park are not uncommon throughout the state and nation. He said the average senior citizen does not receive enough income to provide a home and food for themselves. The senior citizens are being shoved and pushed just like the Indians were treated when our country was young. They are trying to help senior citizens to help them- selves, to improve conditions. He said con- valescent and rest homes are nothing but a warehouse to get rid of the senior citizens. A legislation was passed last June to investi- gate these homes and it still hasn't been accom- plished, but is supposed to be done by January. They are trying to get funding for the Spanish- American Council so they can be of help to the senior citizens. Mayor pro tern Gregory commended Mr. Martinez and the organization for the work they were doing. Councilman Waldo asked that the City Manager and the Council work as closely as they can with Mr. Martinez and his group immediately to see if something can be done. 00- Mrs. Amos Slater, 4814 N. Stancroft Street, said that at the last Council meeting she did not sug- gest at any time that Mr. Sexton brown-bag" and have business lunches in his office. She said City Manager Mocatis either misunderstood her or chose to misinterpret what she said. She had only meant to question the validity of the lunches. She questioned the expenses of Mr. Sexton's July expense report. She said Mr. Sexton receives a good salary and has a nice large office to conduct City business. There are exceptions when he has business with out-of-town businessmen and perhaps the Councilmen who can only meet at lunch time. Continued) MR. JOSE MARTINEZ MRS. AMOS SLATER BIB] 37658-U01 1974-U02 10-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9845-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 10 02 CC MIN(ÌìÑépeCC06444 Regular Meeting of the Baldwin Park City Council She requested that these expenses be investigated and perhaps we can curtail expenditures. She said another way to cut expenses is to stop pur- chasing sophisticated EVIS equipment. We are a poor" City, yet we have purchased equipment that larger cities cannot afford. Councilman King said Mrs. Slater's comments were valuable in some areas and discretion should be used in some of the meetings. The Chamber of Commerce and Mr. Sexton could meet either at the Chamber of Commerce office or here at City Halt and not spend money on a luncheon meeting. This office is to entice outsiders. He felt expenses should be curtailed and they should use moderation. Councilman King stated he did not recall the luncheon meeting with Mr. Sexton and Mr. Otting on July 3. He asked Mr. Sexton to check on this to refresh his memory. October 2. 1974 Page 14 Mr. Carl Sharpe. 5018 Wimmer Avenue, said there has to be a certain amount of money spent to bring in business to the City. Mr. Sexton was hired to help get this City off the ground and make something out of it. He said it is much easier to be critical than correct. MR. CARL SHARPE City Manager MocaHs said he had not intended any embarrassment to Mrs. Slater in speaking about brown-bag" lunches and he apologized to her. He was trying to make a point that sometimes the only time and place to meet is at lunch time. When they meet for the pur- pose of City business, it is appropriate for the City to pay for the expense. He thought that the remarks by Councilman King were well- taken; however, when Mr. Sexton was hired, the position was for a top-notch" man. He will discuss the expenses with Mr. Sexton and they w111 be audited. He knows that Mr. Sexton is trying to insure the industrial and commercial expansion of our community and he 1s aware of his responsibilities. Councilman Waldo said he couldn't believe what he was hearing. How many other cities have people getting up and screaming about $2.85. Nothing is ever said about meetings where a Councilman or a potential businessman picks up the check. We have hired a man to do a job and we should let him do the job. He stated he was tired of people picking". If they want a bone, he will buy a chicken, cook it and bring it down so they can pick tbe bone. Mrs. Slater said she had chosen to check the expense account of one person and she was just questioning in an effort to save City money. She thought all of the expense accounts should be check as we all make mistakes and she would be happy to check every one and question any that she did not agree with. She agreed that business is a valid use. Continued) MRS. SLATER BIB] 37658-U01 1974-U02 10-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9845-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 10 02 CC MIN(ÌìÑépe 006^5^,,? Regular Meeting of the Baldwin Park City Council October 2, 1974 Page 15 Mr. T. E. Carpenter said he had spent many years working for the Government and they were not allowed to accept gratuities and could not offer any. If this was the Federal Government, these expenses would not be allowed. Mayor pro tern Gregory said she did not object to Mrs. Slater looking into any of the records, but she would suggest that she keep her remarks to two or three minutes and she could submit them in writing to each councilman. 00- MR. CARPENTER City Clerk Batkus presented a written communica- tion from Nichols Lumber Yard requesting an exten- sion of time for waiver of side yard encroachment at Downing and Pacific Avenue until they complete their new facility on Dalewood Avenue. NICHOLS LUMBER YARD REQUEST EXTENSION City Manager Mocalis said Mr. Nichol's lumber yard is now located across from City Hall and our Direc- tor of Public Works had given him a waiver of a side yard encroachment on April 1, 1974 which would not exceed 180 days. That time is up and he has asked for an extension of 4 months; he was not able to complete his new facility because of the carpenter strike. This is a valid request and the lumber will be moved. Councilman McCaron said they should give him the extra time he has requested; give him a blanket extension of time. City Attorney Flandrick sa?'cLhp hsid Just r^e.iyetf, a telephone call and it was /tjie, f^st 1-j^ lMs'ti6ard about any approval being givj@n^o^Mr^.Ni^b^s^ He J said apparently Mr. Perry had giv^i m aT^ftieir sometime in the past, telling hiffi'fhW construction of his new facility he could use the public right-of-way as well as the encroachment of the side yard area. If Council'wt^^es'^b' ektWid' this, you are telling the stafrWt^pV'b^edi'ft^' any matters to the District Attorney until a reasonable time has passed to allow Mr. Nichols to move. He was concerned as he^rfid^m&t'^nd^la t; thing about it. h: r.t n r^ Mayor pro tern Gregory said they would confine hs this to the meeting of October 16, 1974. Council concurred. 00- CONnWED'W 10/16/74 BIB] 37658-U01 1974-U02 10-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9845-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 10 02 CC MIN(ÌìÑépeCC^o^G Regular Meeting of the Baldwin Park City Council City Manager Mocalls presented Local Agency Street Agreement No. 22 concerning Federal-Aid Urban System projects in the City. This is money the Federal Government has made available to the cities to improve their street systems. The funds are called the FAU Project funds and the amount allo- cated to our City for the fiscal year 1973-74 is approximately $186,000. This is an agreement between the City and the State. He recommended that the Mayor and City Clerk be authorized to execute the agreement. STREET AGREEMENT FOR FAU PROJECTS APPROVED AND MAYOR AND CITY CLERK AUTHORIZED TO EXECUTE THE AGREEMENT. M/S/C: KING/WALDO. October 2. 1974 Page 16 FEDERAL-AID URBAN SYSTEM PROJECT AGREEMENT FAU PROJECTS STREET AGREEMENT APPROVED 00- City Manager Mocalis said the League of Califor- nia Cities has been,working on a system to set up rules and regulations to handle the Federal Aid Urban Program. The League has requested that this proposal be acted on affirmatively by each city and it is recommended that the City Council indicate its approval of the pro- posal by minute motion. There are 13 members on the committee composed of 2 members from the County of Los Angeles, 1 from Long Beach, 4 from Los Angeles City, 5 from the League of California Cities who would be appointed by the President of the Los Angeles Division, plus 1 member from CAL- TRANS. Councilman King asked if there was another method of selecting rather than the president by himself? He said they had submitted our own program for funds and it seems that everything is done smoothly, then we have to have another agency approve it. City Manager Mocalls said this is a new proposal and we have not received any money as yet. We were one of the few cities that was able to meet the deadline and they did not release the funds because a11 of the cities were not able to meet the deadline. We have received verbal approval, but they wilt not give us written approval until the proposed FAU Committee 1$' formed. Councilman King said he was in disagreement with the five members plus the others and we get what is left. Mayor pro tern Gregory asked if they approve this, does that include the approval of the members of the committee and Mr. Mocalis said that was his understanding unless Council wishes to accept the proposal with the exception of Item A. Councilman King said he disagreed with the numbering system, also the method. Mayor pro tern Gregory said she believed the president of the league is a man of discretion and fairness and he will appoint people who would serve well In this capacity. Continued) FEDERAL AID URBAN PROGRAM PROPOSAL BIB] 37658-U01 1974-U02 10-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9845-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 10 02 CC MIN(ÌìÑépeC iQ6,^4,.7 Regular Meeting of the Baldwin Park City Council Councilman King said he would hesitate to submit anything that would indicate Council is in agree- hient with the appointment procedure. He would rather state we are in agreement with the concept but not in total agreement with the numbers or the appointment method. October 2. 1974 Page 17 FEDERAL AID URBAN PROGRAM PROPOSAL, LEAGUE OF CALIFORNIA CITIES APPROVED WITH EXCEPTION TO NUMBERING SYSTEM AND METHOD OF APPOINTMENTS. M/S/C: WALDO/KING. 00- Acting Director of Public Works Sexton presented 1911 Act Short Form Reports of Work for districts 74-S-12, West side of Jerry Avenue between Ohio Street and Northerly Terminus C&G); 74-S-13, East side of Jerry Avenue between Dunia Street and Southerly Terminus C&G); and 74-S-14, West side of Cutler Avenue between Benbow Street and Northerly Terminus CG&DA). He recommended approval of the completion of these districts and that a hearing date of December 4, 1974 be set. COMPLETION OF DISTRICTS 74-S-12, 13 & 14 APPROVED AND PUBLIC HEARING SET FOR DECEMBER 4, 1974. M/S/C: KING/WALDO. 00- City Clerk Balkus read by title: FAU PROGRAM PROPOSAL APPROVED WITH RESERVATIONS) 1911 ACT SHORT FORM REPORTS OF WORK 74-S-12 C&G 74-S-13 C&G 74-S-14 CG&DA COMPL. OF DISTRICTS 74-S-T2, 13 & 14 APPROVED P. H, SET FOR 12/4/74 ORDINANCE NO. 696. ADDING SUBPARAGRAPH 7) TO SECTION 3380 OF THE BALDWIN PARK MUNICIPAL CODE. RELATING TO SPECIAL SPEED ZONES DALEWOOD STREET BETWEEN ITUNI STREET AND THE EASTERLY CITY LIMITS AND GARVEY AVENUE BETWEEN PUENTE AVENUE AND THE EASTERLY CITY LIMITS) FURTHER READING WAIVED ON ORDINANCE NO. 696. M/S/C: KING/GREGORY. ORDINANCE NO. 696 ADOPTED. M/S/C: KING/WALDO. ORD. NO. 696 SUB PAR. 7), SEC. 3380 SPEED ZONES DALEWOOD, ITUNI & GARVEY & PUENTE AVE ORD. NO. 696 FUR. READ. WAIVED ORD. NO. 696 ADOPTED 00- Councitman King said he had received a Voter's Guide from the Monterey Park Chamber of Commerce which contained some valuable information. He presented it to Mr. Pete Parenteau, Manager of the Baldwin Park Chamber of Commerce for his use. VOTER'S GUIDE MONTEREY PARK Councilman Waldo asked what progress had been made in regard to the Sister City" Program. City Manager Mocatis said the last action had been to secure the appropriate forms. They will have to have an estimate of the type of program they want, the necessary funds that will be needed, etc He requested that this be continued to the first Council meeting of November. Continued) SISTER CITY PROGRAM BIB] 37658-U01 1974-U02 10-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9845-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 10 02 CC MIN(ÌìÑépeCC66^48 Regular Meeting of the Baldwin Park City Council October 2, 1974 Page 18 Mayor pro tern Gregory stated that Mayor Hamilton and she would be on vacation and would not be In attendance at the the next meeting and they will continue the Sister City" discussion to November 6, 1974. Council concurred. 00- MEETING WAS ADJOURNED TO EXECUTIVE SESSION AT 10:00 P.M. M/S/C: WALDO/KING. SISTER CITY CONT TO 11/6/74 ADJ. TO EXECUTIVE SES. 10:00 P.M. 00- MEETING RECONVENED AT 10:20 P.M. CONCUR WITH CITY MANAGER'S RECOMMENDATION TO APPOINT JOHN A. LATHROP. JR. AS DIRECTOR OF PUBLIC WORKS. M/S/C: MC CARON/WALDO. 00- MEETING ADJOURNED AT 10:22 P.M. M/S/C: KING/ WALDO. 00- RECONVENED 10:20 P.M. JOHN A. LATHROP. JR. APPOINTED DIRECTOR OF PUBLIC WORKS ADJOURN AT 10:22 P.M. APPROVED: A^z^ /^ 1974 Date of Distribution to City Council: October 11. 1974 Date of Distribution to Departments: October 11, 1974 BIB] 37658-U01 1974-U02 10-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9845-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 10 02 CC MIN(ÌìÑépeREGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL OCTOBER 2, 1974 CITY HALL COUNCIL CHAMBERS) 14403 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. Councilman King led the salute to the flag. FLAG SALUTE Roll Call: Present: COUNCILMEN KING, MC CARON AND ROLL CALL MAYOR PRO TEM GREGORY COUNCILMAN WALDO ARRIVED 7:55 P.M.) Absent: MAYOR HAMILTON Also Present: CITY MANAGER MOCALIS, CITY ATTORNEY FLANDRICK, ACTING DIRECTOR PUBLIC WORKS SEXTON, ACTING PLANNING DIRECTOR HALE, FINANCE DIRECTOR DUNCAN. CAPTAIN HEBERT AND CITY TREASURER CALE AND CITY CLERK BALKUS Also Absent: CHIEF OF POLICE ADAMS 00- CONTINUATION OF PUBLIC HEARINGS CONTINUATION OF PUBLIC HEARINGS 1. ORDINANCE NO. 691 RECODIFYING AND RE-ENACTING THE CONTINUED TO Second Reading) PROVISIONS OF THE BALDWIN PARK OCTOBER 16, 1974 MUNICIPAL CODE continued from August 7, 1974 and September 18, 1974) 00- AT 10:22 P.M., COUNCILMAN KING MOVED, WALDO SECONDED, THAT ADJOURNED 10:22 P.M, THE CITY COUNCIL ADJOURN. There were no objections. Carried unanimously. 00- DATED: OCTOBER 3, 1974 TIME: 10:00 A.M. BIB] 37658-U01 1974-U02 10-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9845-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 10 02 CC MIN(ÌìÑépeAFFIDAVIT OF POSTING NOTICE STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK 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 heW scheduled for October 16 19 74 a said meeting was ordered adjourned to the time and place specified In the Notice of the Adjournment ATTACHED p.m., HERETO: that on October 16 19 74 at the hour of 7:30 avffl.-. I posted a copy of said Notice at a conspicuous place on or near the door of the place at which said meeting of October 16____, 19 74 was heW. was to have been held. TtiELHA L. BALKUS. CITY CLERK Subscribed and sworn to before me this day of y 19 f^ Notary PubllJ n and for said County and State OFFICIAL SEAl. o^SuE^- \ j-sss^ BIB] 37658-U01 1974-U02 10-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9845-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 peRegular Meeting of the Baldwin Park City Council October 2» 1974 Page 11 As there was no further testimony, Mayor pro tern Gregory declared the public hearing closed. City Attorney Flandrick read by title: ORDINANCE NO. 697. AMENDING SUB- PARAGRAPH 2(a) OF SECTION 9506 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO DRIVEWAYS IN THE R-1 ZONE CASE NO. AZC-70) FURTHER READING WAIVED ON ORDINANCE NO. 697. M/S/C: MC CARON/KING. ORDINANCE NO. 697 INTRODUCED. M/S/C: MC CARON/ KING. 00- It was the time and place fixed for a public hearing on Z-382, an application for a Zone Change from C-1 to R-2 on properties located from 4031 to 4111 La Rica Avenue in Baldwin Park. Initiated by the Baldwin Park Planning Commission. Proper publications, postings and mailings had been accomplished. There were no written protests. Acting Planning Director Hate said the staff had recently reviewed this case and found that an error had been made in the notices pertaining to this case. They requested that the staff be permitted to return to the Planning Commission for further study and comments. The Zone Change is from C-1 to R-2 and the notice published had stated C-1 to R-3. City Attorney Flandrick said this hearing should be dismissed because of the defective notice. PUBLIC HEARING ON Z-382 DISMISSED; RETURN TO PLANNING COMMISSION FOR STUDY AND COMMENTS. M/S/C: WALDO/KING. PUBLIC HEARING CLOSED ORD. NO. 697 SEC. 9506 DRIVEWAYS R-1 ZONE CASE AZC-70 ORD. NO. 697 FUR. READ. WAIVED ORD. NO. 697 INTRODUCED PUBLIC HEARING Z-382 ZONE CHANGE C-1 TO R-2 4031-4111 LA RICA POSTINGS & MAILINGS NO WRITTEN PROTESTS Z-382 DISMISSED 00- Oral Communications: Mrs. Gloria Zook,4817 N. La Rica, said there had been articles in the local throw-away paper regard- ing our senior citizens which supports the remarks made by Councilman Waldo at the last Council meeting Our senior citizens need help from alt of us and not inquiries of their welfare. She referred to the picture of the senior citizen digging in a trash barrel printed in the newspaper. She suggested that they took into Assembly Bill 2818 as a solution to the problem. It covers a nutrition program for the elderly. This program will be implemented by the school district and it would be a start in the right direction. 00- MRS. GLORIA ZOOK BIB] 37658-U01 1974-U02 10-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9845-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06