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HomeMy WebLinkAbout1975 10 01 CC MIN1975 10 01 CC MIN(ÌìаpeINDEX OCTOBER 1. 1975 Page Prayer for Norah Hatch 0'Haver Councilman Gregory's Absence Excused Minutes of September 17, 1975 Approved Res. No. 75-78 Claims and Demands) Adopted ORAL COMMUNICATIONS: Robert Hickok Wall Encroachment George Turner Overnight Parking 2 James Langley Abandonment of Walkway 4861 La Rica 2 T. E. Carpenter Correct Salary Resolution 2 Edwin Eiko X-Rated Movies and Leash Law 2 Councilman Me Caron Appointed Delegate, Councilman Gregory Appointed Alternate League of California Cities Meeting October 22. 1975 2 Claim J. S. Jurkovich, Sr., H. Coleman and H. E. Jurkovich Denied 3 Res. No. 75-79 Basic Salary Plan Adopted as Amended 3 Ca1 Poly Agreement Approved 4 West Covina Range Agreement and Budgeted Agreements Approved 4 Res. No. 75-80 County Aid to Cities Adopted 4 Ord. No. 715 Amend Section 3270 B.P.M.C. re Speed Limits Dalewood, Garvey, Ramona Introduced 4 Wall Encroachment 14203 Cloverside Hickok Action Held Over 5 Petition re Abatement of Walkway at 4861 La Rica D.P.W. to Seal Off Walkway and Report Later 5 9:32 p.m. Adjourned to Executive Session 5 9:45 p.m. Reconvened in Regular Session 5 Authorize Defense by Martin and Flandrick and Graham Ritchie Regus vs. City Redevelopment Agency 5 9:46 p.m.. Meeting Adjourned 5 BIB] 37658-U01 1975-U02 10-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9726-U03 DO9821-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1975 10 01 CC MIN(Ììаpe0006738 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 McCaron led the salute to the flag. City Clerk Batkus requested a moment of silent prayer for Mrs. Norah Hatch 0'Haver, who was very i11 and Mayor Hamilton said an oral prayer for her. OCTOBER 1, 1975 7:30 P.M. FLAG SALUTE PRAYER FOR NORAH HATCH 0'HAVER Roil Call: Present: COUNCILMEN KING, MC CARON, WALDO AND MAYOR HAMILTON Absent: COUNCILMAN GREGORY Also Present: ASSISTANT CITY MANAGER HALE, CITY ATTORNEY FLANDRICK, DIRECTOR OF PUBLIC WORKS LATHROP, PLANNING DIRECTOR KILGOUR, FINANCE DIRECTOR HALLOWAY, CAPTAIN HEBERT, CITY TREASURER CALE AND CITY CLERK BALKUS ROLL CALL Also Absent: CITY MANAGER MITCHELL AND CHIEF OF POLICE ADAMS 00- ABSENCE OF COUNCILMAN GREGORY EXCUSED. M/S/C: KING/ WALDO. There were no objections. 00- MINUTES OF SEPTEMBER 17, 1975 APPROVED AND FURTHER READING WAIVED. M/S/C: KING/WALDO. There were no objections, 00- City Clerk Batkus read by title: COUNCILMAN GREGORY'S ABSENCE EXCUSED MINUTES OF 9/17/"5 APPROVED RESOLUTION NO. 75-78, ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK RESOLUTION NO. 75-78 ADOPTED AND FURTHER READING WAIVED. M/S/C: KING/WALDO. Roll Call. There were no objections. 00- City Clerk Batkus administered the oath to those in the audience desiring to be heard during the meeting 00- Mr. Robert Hickok, 14203 Cloverside, spoke regarding item 3, Director of Public Works* He asked for a solution to the placement of a brick wait being con- structed on his corner property. The wall was found to be in the public right-of-way when he asked for removal of 2 trees and Mr. Lathrop had asked him to discontinue construction. He cited similar walls and fences in the city and presented photographs. Continued) RES. NO. 75-78 CLAIMS & DEMANDS 3279 3400 PAYROLL 9/7-20/75 RES. NO. 75-78 ADOPTED OATH ROBERT HICKOK WALL ENCROACHMENT BIB] 37658-U01 1975-U02 10-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9726-U03 DO9821-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1975 10 01 CC MIN(ÌìаpeCOOS739 Regular Meeting of the Baldwin Park City Council October 1, 1975 Page 2 City Attorney Flandrick said Mr. Lathrop's memo clearly indicates that the code section, is a permit section and that this is an appeal from the encroachment. This appeal requires payment of a fee and the fee has not been paid. Whether other fences referred to were in the public right-of-way or not is another question. This one is. 00- Mr. George Turner, 3521 Stichman, said they have 4 automobiles; that parking them off the street is an inconvenience and asked that they be allowed to park them on the short street. City Attorney Flandrick explained that there was an overnight parking permit procedure, which includes an appeal procedure. The permit fee is $3.00. Any other solution would require a change in the code. 00- James Langtey, 4860 Benham, spoke regarding item 1, Unfinished Business, the request for walkway abandon- ment at 4861 La Rica, between Benham and La Rica. He asked what will be done about this and asked that police records be checked as there were problems in the area fires, fights and break-ins. 00- T. E. Carpenter, 4346 Jerry, asked that the Salary Resolution be corrected to reflect the proper amounts for 9 months, not annually. The amounts do not re- flect 7-1/2X or m. The Memo of Understanding should be a part of the Resolution and be available to the public. Mr. Flandrick said the Memo of Understanding had been approved by Council on September 17, 1975 and that it is a public record and is available. 00- Edwin Eiko, 13057 Bess, objected to the x-rated movies shown at the Edgewood Drive-in Theatre, and the number of stray dogs running free in violation of the leash law. Mr. Flandrick explained that the District Attorney's Office, now has 5 cases to abate the use of a theatre property for this purpose before the Supreme Court. Hopefully, the disposition of the Court will clarify ithe position of the City and the County. Council concurred that enforcement of the leash law is difficult. 00- COUNCILMAN MC CARON APPOINTED DELEGATE AND COUNCILMAN GREGORY ALTERNATE TO VOTE ON RESOLUTIONS AT LEAGUE OF CALIFORNIS CITIES MEETING, OCTOBER 22, 1975. M/S/C: HAMILTON/WALDO. There were no objections. 00- GEORGE TURNER OVERNIGHT PARKING JAMES LANGLEY ABANDONMENT OF WALKWAY 4861 LA RICA T. E. CARPENTER CORRECT SALARY RESOLUTION EDWIN ELKO X-RATED MOVIES & LEASH LAW COUNCILMAN MC CARON DELEGATE, COUNCILMAN GREGORY ALTERNATE LEAGUE CALIF. CITIES BIB] 37658-U01 1975-U02 10-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9726-U03 DO9821-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1975 10 01 CC MIN(ÌìаpeC006740 Regular Meeting of the Baldwin Park City Council CLAIM OF JOHN S. JURKOVICH, SR., HARRY COLEMAN AND HELEN E. JURKOVICH. 13519 FOSTER, DENIED. M/S/C: KING/WALDO. There were no objections. October 1, 1975 Page 3 CLAIM J. S. JURKOVICH. SR., H. COLEMAN & H. E. JURKOVICH DENIED 00- Action on Ordinance adding Section 3615 to Municipal Code relation to making of False Statements etc. deferred to next meeting for additional information from Chief of Police. 00- Assistant City Manager Hale read by title: RESOLUTION NO. 75-79, ADOPTING A BASIC SALARY PLAN ORD. ADDING SECTION 3615 TO B.P.M.C. DEFERRED TO 10/15/75 RES. NO. 75-79 ADOPT BASIC SALARY PLAN He explained that technical changes in the language necessitated redrafting the entire resolution. If the Supreme Court in any way changes the Fair Labor Standards Act it may be necessary to revise the resolution. He further explained that the 7-1/2^ increase was proposed on an annual basis, however, since the budget was not adopted in July the increase was 10% for 9 months in order to give 7-1/2% for the year. On July 1, 1976 the increase will revert to 7-1/2%. The City Manager has a contract which indicates his salary will increase according to cost of living. Councilman McCaron said the resolution was confusing. It does not show the amount employees actually receive and how would new employees know that there is an extra 2-1/2% in the schedule. City Attorney Flandrick said that to avoid possible minunderstanding at Meet and Confer sessions next year, everything was set forth in the signed Memorandum of Understanding" attached to the salary schedule, tie was sure the employee associations understood this, but it might be best to place it on the record so there will be no dispute. Councilman McCaron preferred to pay the employees the 7-1/2% retroactive, 3 months increase, immediately so there would be no confusion in the future. Mr. Flandrick explained that the signed Memo" says that the schedules shall be in effect from October 1, 1975 through June 1976 and that setting a precedent of paying retroactive salaries could lead to future difficulties. Councilman McCaron asked that the motion for adoption include that at the end of the pay period, that a new salary schedule reflecting the 7-1/2%) wilt be placed before Council for action". This would be the basis for future negotiations. ADOPT RESOLUTION NO. 75-79 AS AMENDED, BY ADDING SECTION 5. THAT THIS RESOLUTION SHALL BE IN FULL FORCE AND EFFECT THROUGH AND INCLUDING THE 30TH DAY OF JUNE, 1976, AND SHALL THEREAFTER BE OF NO FURTHER FORCE OR EFFECT.", AND THAT THE CITY MANAGER BE INSTRUCTED TO FORMALLY ADVISE, BY LETTER. THE TWO ASSOCIATIONS THAT THIS RESOLUTION IS BEING ADOPTED IN ACCORDANCE WITH THE SEPTEMBER 17. 1975 MEMORANDUM OF UNDERSTANDING. AND THAT SPECIFICALLY THE COUNCIL IS ADOPT- ING IT. ACCOMODATING WHAT IN FACT IS FOR A 9 MONTH PERIOD Continued) RES. NO. 75-79 ADOPTED AS AMENDED CITY MANAGER TO ADVISE EMPLOYEE ASSOCIATIONS BIB] 37658-U01 1975-U02 10-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9726-U03 DO9821-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1975 10 01 CC MIN(ÌìаpeCC06741 Regular Meeting of the Baldwin Park City Council October 1, 1975 Page 4 A W SALARY INCREASE, NOTWITHSTANDING THE FACT, THAT THE MEMORANDUM OF UNDERSTANDING CONTEMPLATES A 7-1/2%, 12 MONTH, ANNUAL SALARY INCREASE FOR ALL EMPLOYEES AND THAT THE MEET AND CONFER SESSIONS TO BE ENGAGED IN IN THE NEXT FISCAL YEAR, THAT INSOFAR AS THE CITY IS CONCERNED, THE SALARIES IN EFFECT AT THAT TIME, WILL BE THOSE IN THIS SCHEDULE MINUS 2-1/2^. M/S/C: KING/ MC CARON. Roll Call. There were no objections. In answer to Councilman Waldo, Mr. Ftandrick said if the budget is not adopted by June 30, 1976 because of Meet and Confer then an interim salary resolution" carrying forth these figures less 2-1/2% wi11 be necessary. Mayor Hamilton and the Council expressed appreciation to the employees for their patience and understanding in the Meet and Confer sessions. 00- AUTHORIZE CITY MANAGER TO EXECUTE CAL POLY WORK-STUDY AGREEMENT. M/S/C: KING/WALDO. There were no objections 00- CONFIRM NECESSARY ACTION TO APPROVE AND EXECUTE AN AGREEMENT TO USE POLICE RANGE FACILITIES OF WEST COVINA AND ANY SUBSEQUENT AGREEMENTS APPROVED IN THE BUDGET. Councilman McCaron requested THAT WHEN AGREEMENTS ARE SIGNED THAT COUNCIL BE NOTIFIED WITHIN 10 DAYS AND SET FORTH THE CONDITIONS OF THE AGREEMENT. Council concurred. M/S/C: KING/MC CARON. There were no objections. 00- Resolution read by title: CAL POLY AGMT. APPROVED W. COVINA RANGE AGMT. & BUDGETED AGMTS. APPROVED CITY MANAGER NOTIFY COUNCIL IN 10 DAYS RESOLUTION NO. 75-80, REQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES FUNDS FOR THE MAINTENANCE OF SELECT SYSTEM STREETS AND RESCINDING RESOLUTION NO. 75-69 WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 75-80 M/S/C: KING/WALDO. There were no objections. 00- City Clerk Batkus read by title: RES. NO. 75-80 COUNTY AID TO CITIES RES. NO. 75-80 ADOPTED ORDINANCE NO. 715. AMENDING SECTION 3270 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO SPEED LIMITS ON CERTAIN STREETS DALEWOOD STREET BE- TWEEN ITUNI STREET AND THE EASTERLY CITY LIMITS AND GARVEY AVENUE BETWEEN PUENTE AVENUE AND THE EASTERLY CITY LIMITS AND RAMONA BOULEVARD BE- TWEEN BADILLO STREET AND THE EASTERLY CITY LIMITS) FURTHER READING OF ORDINANCE NO. 715 WAIVED. M/S/C: KING/WALDO. There were no objections. ORD. NO. 715 AMEND SECTION 3270 B.P.M.C. ORDINANCE NO. 715 INTRODUCED. There were no objections. M/S/C: KING/WALDO. ORD. NO. 715 SPEED LIMITS DALEWOOD, GARVEY, RAMONA INTRODUCED 00- BIB] 37658-U01 1975-U02 10-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9726-U03 DO9821-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1975 10 01 CC MIN(ÌìаpeCC06742 Regular Meeting of the Baldwin Park City Council Council considered the wall encroachment into public right-of-way at 14203 Cloverside Street R. L. Hickok. October 1, 1975 Page 5 WALL ENCROACHMENT 14203 CLOVERSIDE HICKOK Mr. Lathrop explained that work on the wait, which was about 2/3 completed, had been stopped and after 2 meetings with Mr. Hickok, the letter of September 3, 1975 denying the encroachment was sent. Discussion followed regarding sidewalk location and removal of trees and nonconformance with setback requirements on both Feather and Cloverside; that possibly wait on Cloverside could remain, but Feather Avenue encroachment is objectionable. Hold action on wall encroachment and ask Mr. Hickok to meet with Mr. Lathrop. 00- Mr. Lathrop reviewed the petition and report on the request for abatement of a walkway at 4861 La Rica, between La Rica and Benham. Discussion followed proposing to lock gates at night, break-ins, policing the area, etc. DIRECT DIRECTOR OF PUBLIC WORKS TO TAKE NECESSARY STEPS TO TEMPORARILY SEAL OFF THE WALKWAY USED FOR PEDESTRIAN PURPOSES AND REPORT ON THIS AT A LATER DATE. M/S/C: KING/MC CARON. There were no objections. 00- At 9:32 p.m. Council adjourned to an Executive Session to discuss pending litigation. 00- At 9:45 p.m. Council reconvened in regular session. Roll call same as at beginning of meeting. 00- AUTHORIZE THE DEFENSE TO THE ACTION, REGUS VS. CITY OF BALDWIN PARK REDEVELOPMENT AGENCY, JOINTLY BY MARTIN AND FLANDRICK AND GRAHAM RITCHIE. M/S/C: WALDO/MC CARON. There were no objections. HOLD ACTION ON WALL ENCROACHMENT PETITION ABATE WALKWAY 4861 LA RICA D.P.W. SEAL OFF WALKWAY REPORT LATER 9:32 P.M. ADJOURNED TO EXECUTIVE SESSION 9:45 P.M. RECONVENED IN REGULAR SESSION JOINT DEFENSE BY MARTIN & FLANDRICK & GRAHAM RITCHIE REGUS VS. CITY REDEVELOPMENT AGENCY 00- AT 9:46 P.M. THE MEETING ADJOURNED. M/S/C: KING/ MC CARON. There were no objections. 00- 9:46 P.M. MEETING ADJOURNED Ha. APPROVED: Qgf^lwO /€^ 1975 Date of Distribution to City Council: Date of Distribution to Departments: THELMA L. BALKUS, CI October 10, 1975 October 10, 1975 A. CCERiC BIB] 37658-U01 1975-U02 10-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9726-U03 DO9821-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06