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HomeMy WebLinkAbout1974 11 13 CC MIN1974 11 13 CC MIN(ÌìÒ peINDEX November 13, 1974 Councilman Waldo's absence excused At 7:18 p.m. meeting adjourned to City Auditorium At 7:25 p.m. meeting reconvened Public Hearing: Ord. No. 691 continued to 11/20/74 2 9 Mr. T. E. Carpenter re Sec. 1101 distinctive clothing 3 re Sec. 2256 employee leave of absence for election 4 re Sec. 2454 Personnel Corn. reside in City 5 re Sec. 2807 more detailed information on procedures Bids 8 Meeting adjourned at 9:00 p.m. BIB] 37658-U01 1974-U02 11-U02 13-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9848-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 13 CC MIN(ÌìÒ peCC06^68 ADJOURNED 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 adjourned regular session at the above place at 7:15 p.m. Councilman Gregory led the salute to the flag. Roll Call: Present: COUNCILMEN GREGORY, KING, MC CARON AND MAYOR HAMILTON Absent: COUNCILMAN WALDO Also Present: CITY MANAGER MOCALIS, CITY ATTORNEY FLANDRICK, DIRECTOR OF PUBLIC WORKS LATHROP, ACT- ING PLANNING DIRECTOR HALE. CITY TREASURER CALE AND CITY CLERK BALKUS Also Absent:' FINANCE DIRECTOR DUNCAN AND CHIEF OF POLICE ADAMS COUNCILMAN WALDO'S ABSENCE EXCUSED. M/S/C: MC CARON/ KING. 00- Mayor Hamilton said this meeting was for the purpose of canvassing the votes of the November 6, 1974 elec- tion and to study the Municipal Code. He asked that anyone wishing to discuss business other than the Code to bring it back to the next meeting so they would be free to discuss the Code. City Clerk Balkus said she did not receive the certi- fication so they would be unable to canvass the votes. Councilman Gregory asked if this could be done at the next regular meeting and City Attorney Flandrick said It could. 00- AT 7:18 P.M. MEETING ADJOURNED TO CITY AUDITORIUM. M/S/C: MC CARON/KING. 00- At 7:25 p.m. the City Council reconvened at the City Auditorium in adjourned regular session. NOVEMBER 13, 1974 7:15 P.M. FLAG SALUTE ROLL CALL COUNCILMAN WALDO ABSENCE EXCUSED ADJOURNED 7:18 P.M. TO CITY AUDITORIUM RECONVENED 7:25 P.M. Roll Call: Present: Also Present: Also Absent: COUNCILMEN GREGORY, KING. MC CARON, WALDO AND MAYOR HAMILTON CITY MANAGER MOCALIS, CITY ATTORNEY FLANDRICK. DIRECTOR OF PUBLIC WORKS LATHROP. CITY TREASURER HALE AND CITY CLERK BALKUS ACTING PLANNING DIRECTOR HALE. FINANCE DIRECTOR DUNCAN AND CHIEF OF POLICE ADAMS 00- BIB] 37658-U01 1974-U02 11-U02 13-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9848-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 13 CC MIN(ÌìÒ peC-C 06-169 Adjourned Regular Meeting of the Baldwin Park City Council November 13, 1974 Page 2 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 8/7/74, 9/18/74, 10/2/74, 10/16/74, and 11/6/74) Proper publications and postings had been accomplished. There were no written protests written sug- gestions and questions have been received). City Attorney Ftandrick reviewed Mr. T. E. Carpenter's tetter of October 11, 1974 con- taining conments and recommendations on Section 2807, 2900 and 3217(e) of the Code. Copy in official files). He comnented as follows: SECTION 2807 OPEN MARKET PROCEDURE This section covers procedures for purchasing supplies and equipment. Informal bids required from suppliers up to $2,500. Sealed bid proce- dure including specifications, drawings, notice inviting bids oublished, etc. for items over $2,500. The amount of $1,200 is the present requirement. The State sealed bid requirement is $3,500. SECTION 2900 APPEALS $50 FEE) City Manager has already commented on why a fee is necessary. It is up to the City Council to set the amount of the fee. SECTION 3217(e) ANNUAL PERMIT ALL NIGHT PARKING) The City has a recent ordinance covering this which seems to be satisfactory. There was a lot of discussion on the amount of the fee at the time the Ordinance was adopted. Councilman McCaron said that a statement should be made in the Code to note in effect that no- where in the Code is it the intent of the City Council to delegate authority to another that is not appealable to the City Council, that the delegation of authority is for the conven- ience of the citizens and to ease operations, so that everyone wilt know that the City Council is responsible for everything in the Code. Any- one has the right of appeal on any item. Mayor Hamilton said in other words, have it spelled out such as City Manager" or City Council" in various sections of the Code. Councilman McCaron said how can they be sure that everything is covered in the Code unless they have a statement inserted to cover it. Continued) PUBLIC HEARING ORD. NO. 691 PUBLICATIONS & POSTINGS NO WRITTEN PROTESTS BIB] 37658-U01 1974-U02 11-U02 13-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9848-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 13 CC MIN(ÌìÒ peAdjourned Regular Meeting of the Baldwin Park C 06.^TO November 13, 1974 Page 3 Councilman Gregory said Section 2900 states the procedure and the other sections of the Code refer back to Section 2900 when applicable and this does not vary too much with old Section 3058. Councilman King said when it is not in the Code, a person has the right of appeal procedure to the City Council by voice or written communica- tion. City Attorney Flandrick said Section 2900 con- tains the General Appeal provisions which apply to any part of the Code which authorizes an appeal of action taken by an administrative officer and has to be accomplished in accordance with this section. He wouldn't recommend a statement of everything being subject to an appeal as it could work as a disadvantage and would present many problems. If Council desires, they can state at the outset of the Code that notwithstanding any appeal provision in the Code, any person so denied may appeal to the Council if an officer has exceeded his author- ity and Council could direct such action in conformance with the Code, but not call it an appeal as such. Councilman McCaron suggested that they hold this matter in abeyance until after they have gone through the Code and come back to it then. He suggested that the City Attorney indicate any section in the Code that does not indicate their thinking. SECTION 1006 DISTRIBUTION OF THE CODE It was established that two copies are pre- sently placed in the Library. SECTION 1101 LABOR UPON PUBLIC WORKS Mr. T. E. Carpenter said he objected to the distinctive clothing as he thought that was discrimination. They should just be regular working clothes. City Attorney Flandrick said it was stated this way in every code in every city in California that persons convicted of a crime and doing work in the city would wear dis- tinctive clothing so they are identifiable to the person in charge. SECTION 1208(a) CASH DEPOSIT Councilman King asked if this was delegated to the department handling it and City Manager Mocalis said it was. Continued) BIB] 37658-U01 1974-U02 11-U02 13-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9848-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 13 CC MIN(ÌìÒ peCC 06^71 Adjourned Regular Meeting of the Baldwin Park City Council SECTION 1207 NOTICES City Attorney Flandrick said these are the minimum requirements and he does not recommend that all mailings be by Return Receipt Requested as this would incur additional costs. Mr. T. E. Carpenter said he thought all mailings should be by Return Receipt Requested expecially regarding improvement and abatement notices. City Attorney Flandrick said improvements are covered by state law and there is no application of that in the Code and this section applies to all notices under the Code. It can be changed by administrative process and leave the Code as is. SECTION 2150 COMMUNITY REDEVELOPMENT AGENCY City Attorney Flandrick said this would be reincluded in the Code. SECTION 2201 STATUS OF OFFICERS AND EMPLOYEES This was changed at an earlier hearing where 2201 c) 1 b) c, d and e and 2201 c) 2) a" through h" will be appointed by the City Council and i" and j" wilt be appointed by the City Manager. SECTION 2256 POLITICAL ACTIVITIES Councilman King asked if an employee filing for elective office resigns before he is elected or when he is elected. Councilman Waldo asked if a person was trying for an elective office, would having a position with the City be an advantage. City Attorney Flandrick said yes, it would be considered an advantage if an employee of the City should be elected to a City Councilman, he would be setting his own salary, working conditions, etc. and it would be a conflict of interest. Mr. T. E. Carpenter said he thought the employee should be granted a leave of absence during the election process. Employees could better them- selves, better the community and if they weren't elected, they could return to their jobs. There was no change in this section. SECTION 2305 ABSENCE OF CITY MANAGER Councilman King said this should be spelled out by the title of the person to act in an acting capacity. City Manager Mocalis said he objected to this. The person would be acting in his behalf and he wanted to be sure that it would be a qualified person and he should have the responsibility of making the selection. He would naturally notify Council if both the City Manager and Assistant City Manager would be gone for any extensive length of time. Continued) November 13, 1974 Page 4 BIB] 37658-U01 1974-U02 11-U02 13-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9848-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 13 CC MIN(ÌìÒ peAdjourned Regular Meeting of the Baldwin Park City Council Councilman King thought that even for one day, some- one should be named to act for him. Mr. T. E. Carpenter suggested someone be named by title. Councilman Gregory stated that she felt the City Manager would know quickly how the Council feels. There was no change in this section. SECTION 2370 OFFICE ESTABLISHED DIRECTOR OF FINANCE Councilman Gregory asked what was meant by office established. City Attorney Flandrick said the Director of Finance as it is now includes the personnel and purchasing office and chances of it being a separate office are slim. It is worded thus in this section in case it should be needed in the future. Councilman McCaron stated this section should also include with the approval of the Council". with the approval of the Council" to be added after City Manager". Mr. T. E. Carpenter asked if this opened a new position. City Manager Mocatis said the new Code does not change any of the duties of any of the officers of the City. SECTION 2371 POWERS AND DUTIES Councilman King said 2371 b) should also have or by the City Council" inserted after City Manager. Council concurred. SECTION 2403 MEETINGS Councilman King asked why the meeting dates were not set out in this section. City Attorney Flandrick said this would be set out by Resolution so that in case they ever wanted to change the meeting dates, they could. SECTION 2454 DUTIES OF THE PERSONNEL COMMISSION Councilman McCaron asked if the duties included acting in an advisory capacity and City Attorney Flandrick said yes. The duties are outlined in the Personnel Rules and Regulations. Mr. T. E. Carpenter stated that he thought the Personnel Commission members should live within the City of Baldwin Park. City Attorney Flandrick said this section is the same as the present Code and if there was any intent to change this, it would have to be in a meet and confer" meeting with the Employee Association. Continued) 0 006^7.3 November 13, 1974 Page 5 BIB] 37658-U01 1974-U02 11-U02 13-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9848-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 13 CC MIN(ÌìÒ peCCC6^7J Adjourned Regular Meeting of the Baldwin Park November 13, 1974 City Council Page 6 Mayor Hamilton said there had been some discussion but if the employees were happy with it this way, we should by happy with it. These people serve without pay. City Manager Mocalis said the employees have the right granted by the City Council to meet and confer and select two 2) members of the Personnel Commission. This would have to go back to the Employee and Police Association if they made any changes. The State law also backs the employees in this. Once a year the City Council meets with the Employee and Police Associations. The next date for such a meeting is to be May 1, 1975. There was no change in this section. SECTION 2501 ANNUAL BUDGET SUBMISSION TO CITY COUNCIL Councilman McCaron said they should have the budget approved before the last day of June. It should be submitted to Council 45 days prior to June 30 and the first hearing should be for the first meeting date in June so that it can be completed. City Manager Mocalis said they could make it 45 days instead of 30 days under 2501 b) and select the first meeting in the month of June for the first hearing on the budget. Council concurred. City Attorney Flandrick said this would be incorporated in the Code. SECTION 2504 CITY FUNDS Councilman McCaron said upon recommendation of the City Manager" should be deleted from this section. Council concurred. City Attorney said it would now read, The City Council shall by resolution establish such funds as it deems required". SECTION 2600 RESPONSIBILITY FOR CITY PROPERTY Councilman Gregory asked where the records for the City property were kept. City Attorney Flandrick said the Finance Director, City Clerk and possibly each department has their own records. City Manager Mocalis said the equipment is given to the departments, but the responsibility is that of the City Manager to know where it is at all times. The Finance Director conducts an inventory and audit each year to report to the City Manager. SECTION 2601 USE OF PERSONAL PROPERTY Mayor Hamilton asked if City property could be used for public use and City Manager Mocalis said he could give authorization for any such activity. SECTION 2704 DESTRUCTION OF PROPERTY Councilman McCaron said instead of the Police Chief, this should be the City Manager. Continued) BIB] 37658-U01 1974-U02 11-U02 13-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9848-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 13 CC MIN(ÌìÒ peAdjourned Regular Meeting of the Baldwin Park City Council SECTION 2703 NOTICE OF AUCTION SALE Councilman Gregory said this should include published or publication in the context. City Attorney Flandrick said it would read: Notice of each such auction shall be given by the City Clerk at least five days, and not more than twenty days, prior to the time fixed for such auction. The notice to be given shall be by publication in a newspaper of general circu- lation and by such other means as the Clerk deems necessary to give adequate notice of such auction." SECTION 2803 d) BIDDING EXCEPTIONS City Manager Mocalis said the present amount is $1,200.00 and the proposed Code calls for $2,500.00. the State requirements were changed from $2,500.00 to $3,500.00 because of increased costs of material and supplies. We can live with $1,200.00 but we would have to advertise more frequently which would cost considerable. Councilman McCaron said the reason we have increased this amount is to save on advertising costs and basically every item is taken care of when the budget is adopted each year. Councilman King said $2,500.00 was justified as we will save more money in the end. Council concurred to leave the amount at $2,500.00. SECTION 2804 PURCHASE ORDERS Councilman Gregory asked if the City Manager was the Purchasing Officer. City Manager Mocatis said he was, but the Finance Director is the person who actually does the buying. He said he win use the bid procedure in the future and will only use sole source" in a dire emergency. All purchasing is made through the Finance Department. Councilman Gregory said whatever is purchased, should follow to the letter on the purchase order. Councilman Waldo asked if the departments had a fund so they can purchase inexpensive items and not have to go through the purchase order procedure. City Manager Mocalis said no they do not. They try to be accommodating, but only way to purchase some- thing is through the purchase order. They can buy some little item personalty and be reimbursed from petty cash. There are a few open purchase orders in a few limited areas. Councilman King said perhaps some of the Counc^lmen had been hasty in remarks concerning bid procedures and sole source items in the past. He hoped that when there is only one source, the City Manager would not go out for bids. City Manager Mocalis said in the future he would notify Council in writing when there is a sole source request and if there is no objection by Council, they would approve the request at the Council meeting. Council concurred. Continued) 0006^.74 November 13, 1974 Page 7 BIB] 37658-U01 1974-U02 11-U02 13-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9848-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 13 CC MIN(ÌìÒ peCC 06^.75 Adjourned Regular Meeting of the Baldwin Park November 13, 1974 City Council Page 8 SECTION 2807 OPEN MARKET PROCEDURE Mr. T. E. Carpenter said they should have more detailed information as to the procedure on this section. City Attorney Flandrick said Council could ask the Finance Director to submit an outline of the procedure applied in respect to determination of who is the most responsible bidder and adopt it in the administrative regulation and reference it in the Code. Council con- curred. SECTION 2807 a) NUMBER OF BIDS City Attorney Flandrick said they would add in accordance with appropriate administrative rules". City Attorney Flandrick said that Section 2807 would be amended to read: Open Market Procedure. Purchases of supplies and equipment of an estimated value of $2,500.00 or less may be made by the purchasing officer in the open market without observing the procedure prescribed by Section 2806 hereof. The open market procedure to be utilized pursuant to this Section shall be set forth in an administrative regulation approved by the City Council." SECTION 2903 FEE Councilman McCaron said fees are mentioned quite a few times in the Code. He did not think a fee should be required when the appeal does not require a cash expenditure such as a public notice. Me should not discourage people from making an appeal. City Attorney Flandrick said when the Code is adopted there will be a resolution setting fees and some of the appeals will not require a fee and some will require a substantial fee. Councilman McCaron said when a fee is not required, it should be listed. City Manager Mocalis said when the Code is adopted there wilt be several additional things to be done; adopt the personnel rules and regulations previously passed by the Personnel Board and the schedule of fees for every instance where the City will charge a fee. At that time they will determine what the fee should be. SECTION 3013 APPEAL FROM DECISIONS OF FIRE CHIEF Councilman McCaron asked if advertising or notice is necessary in conjunction with another hearing. Would it be necessary to spend any money? City Attorney Flandrick said it would depend upon1 the decision of the Fire Chief in respect to the Fire Code. It could involve a lot of our staff time. For example: It might require certain kinds of lines and if he would have to redesign a new system. It could involve a lot of money. Councilman McCaron said some conditions the Fire Department would require would be met by the Water Department. The Water Department is governed by the State law and we are governed by County Ordinance. Continued) BIB] 37658-U01 1974-U02 11-U02 13-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9848-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 13 CC MIN(ÌìÒ pe f rs 1 * \h.^ /o Adjourned Regular Meeting of the Baldwin Park November 13, 1974 City Council' Page 9 City Attorney Ftandirck said the problem is that with an appeal under the Fire Code, the Fire Chief makes the decision with reference to the Fire Code. If that decision is appealed to the City Council, the staff will be involved as they will have to investigate and make a report which could entail going to the Water Department, etc. He did not think they should say there is a no blanket fee" approach. Councilman McCaron said if it takes too many people to make a report or they have to hire more help. then it would be an additional burden. If the same staff can take care of it, then there should not be an additional fee. He said there are other sections of the Code that references Section 2900 also, such as, 3058 b), 3733, 4006 b), etc. Mayor Hamilton stated that Councilman Waldo would have to leave to attend another meeting and they would adjourn. Councilman Gregory said they should have another meeting to continue the Code review. Mayor Hamilton said they would continue the hearing to the next regular Council meeting on November 20, 1974. Mr. T. E. Carpenter suggested that possibly it would save Council time if the Councitmen submitted their recommendations or questions in writing to the City Attorney for review as the citizens have been doing. 00" AT 9:00 P.M. MEETING ADJOURNED. M/S/C: MC CARON/ HAMILTON. 00- HEARING CONTINUED TO NOVEMBER 20, 1974 ADJOURNED 9:00 P.M L^_^ THELMA L. &ALKUS. CITY CLERK APPROVED: ij/^^/^j / 1974 Date of Distribution to City Council: November 29, 1974 Date of Distribution to Departments: November 29, 1974 BIB] 37658-U01 1974-U02 11-U02 13-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9848-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1974 11 13 CC MIN(ÌìÒ peADJOURNED 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 adjourned regular session at the above place at 7:15 p.m. Councilman Gregory led the salute to the flag. Ro11 Call: Present: COUNCILMEN GREGORY, KING, MC CARON AND MAYOR HAMILTON Absent: COUNCILMAN WALDO Also Present: CITY MANAGER MOCALIS, CITY ATTORNEY FLANDRICK, DIRECTOR OF PUBLIC WORKS LATHROP, ACT- ING PLANNING DIRECTOR HALE, CITY TREASURER CALE AND CITY CLERK BALKUS Also Absent: FINANCE DIRECTOR DUNCAN AND CHIEF OF POLICE ADAMS COUNCILMAN WALDO'S ABSENCE EXCUSED. M/S/C: MC CARON/ KING. 00- AT 7:18 P.M. COUNCILMAN MC CARON MOVED, KING SECONDED THAT THE CITY COUNCIL ADJOURN TO THE CITY AUDITORIUM. There were no objections. 00- At 7:25 p.m. the City Council reconvened at the City Auditorium in adjourned regular session. NOVEMBER 13, 1974 7:15 P.M. FLAG SALUTE ROLL CALL COUNCILMAN WALDO ABSENCE EXCUSED ADJOURNED 7:18 P.M. TO CITY AUDITORIUM RECONVENED 7: 25 P.M. Ro11 Call: Present: Also Present: COUNCILMEN GREGORY, KING, MC CARON, WALDO AND MAYOR HAMILTON CITY MANAGER MOCALIS, CITY ATTORNEY FLANDRICK, DIRECTOR OF PUBLIC WORKS LATHROP, CITY TREASURER HALE AND CITY CLERK BALKUS Also Absent: ACTING PLANNING DIRECTOR HALE, FINANCE DIRECTOR DUNCAN AND CHIEF OF POLICE ADAMS 00- CONTINUATION OF PUBLIC HEARINGS RECODIFYING AND RE-ENACTING THE PROVISIONS OF THE BALDWIN PARK MUNICIPAL CODE continued from 8/7/74, 9/18/74, 10/2/74, 10/16/74, and 11/6/74) 1. ORDINANCE NO. 691 Second Reading) 00- CONTINUATION OF PUBLIC HEARINGS CONTINUED TO NOVEMBER 2Q, 1974 AT 9:00 P.M. COUNCILMAN MC CARON MOVED, HAMILTON SECONDED, THAT THE CITY COUNCIL ADJOURN. There were no objections. ADJOURNED 9:00 P.M. 00- DATED: NOVEMBER 14, 1974 TIME: 10:00 A.M. BIB] 37658-U01 1974-U02 11-U02 13-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9835-U03 DO9848-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06