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HomeMy WebLinkAbout1976 03 17 CC MIN1976 03 17 CC MIN(ÌìΡCpeINDEX MARCH 17, 1976 Page Invocation Dr. Merle P. Smith, First United Methodist Church 1 Presentation Gavel to Ex-Mayor Hamilton 1 At 7:37 P.M. the Council Recessed to an Executive Session to Discuss Matters of Personnel Interest 1 7:48 P.M. Reconvened in Regular Session 1 Minutes of 3/3 and 3/9/76 Approved 1 Treasurer's Report 2/29/76 Received and Filed 2 Res. No. 76-18 Claims & Demands 4433 4626. Payroll 2/22/76 3/6/76 Warrant Nos. 4633 & 4632 Added Adopted as Amended 2 Continue Action Until Personnel Present Motion Did Not Carry 2 Hire Graham Ritchie for Special Counsel 3 Hire Graham Ritchie for Special Counsel 4 Adjourned 8:08 P.M. to Executive Session 5 Reconvened 8:32 P.M. In Regular Session 5 Suspend the Services of the City Attorney Until Further Notice and Employ Special Counsel, Graham Ritchie, Until Further Notice. at the Rate of $60 Per Hour, and Set a Hearing 4/7/76 On the Question of the Termination of the Services of the City Attorney to Give Him an Opportunity to be Heard in Public Session at that Time 5 Councilman Aguilar Seconded Motion 5 Suspend the Services of the City Attorney Until Further Notice and Employ Special Counsel Graham Ritchie Until Further Notice at $60/Hr. and Set Public Hearing 4/7/76 Approved 6 Appropriate $300 From Unappropriated Reserves to Cover the Obligation Under This Agreement Approved 7 Adjourned 8:37 P.M. to Executive Session 8 Reconvened 8:58 P.M. 8 Terminate Phil Hate as Assistant City Manager 8-12 Terminate Robert Mitchelt, City Manager 12-19 Financial Audit of City's Books to Be Made Immediately by Outside Firm Approved 20-24 Management Audit by Outside Firm Motion Carried 20 24 Propose Philip Kilgour for Acting City Manager Motion Did Not Carry 24 25 Nominate John Lathrop as Acting City Manager Motion Did Not Carry 25 Nominate James Sexton as Acting City Manager 25 James Sexton Acting City Manager 25 Carry Appointments Over to Next Council Meeting Motion Did Not Carry 26 Ord. No. 721 Creating Sr. Citizens Advisory Commission Urgency) Reading Waived 27 Ordinance No. 721 Urgency) Not Adopted 33 Ordinance No. 721 Introduced 33 Ordinance No. 722, Creating a Youth Activity Advisory Committee Waive Further Reading 34 Ordinance No. 722 Introduced 35 Ordinance No. 723, Creating A Job Opportunities Advisory Commission 35 Ordinance No. 723 Waive Further Reading 35 BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpeIndex March 17, 1976 Page 2 Page Ordinance No Ordinance No Ordinance No Ordinance No Ordinance No Ordinance No Ordinance No 723 Introduced 35 724, Creating A Housing Advisory Commission 35 724 Waive Further Reading 35 724 Introduced 35 725, Creating A Community Redevelopment Advisory Commission 35 725 Waive Further Reading 35 725 Introduced 35 Public Hearing Z-390 Application For Zone Change From C-1 And/Or C-2 To Residential R-1, R-2 or R-3 Properties on Maine Avenue, Ohio and Hatlwood Streets 36 Publications, Mailings and Postings 36 No Written Protests 36 Sid Kading Re Area B Property 37 Tom Kolwick Opposed to Rezoning C-1 To Lesser Zone 37 Jerry Powett in Opposition to Code Prohibiting Converting Residential Buildings in a Commercial Zone 37 Tom Carpenter in Opposition to Z-390 37 Joseph Battaglia in Favor of Z-390 37 Public Hearing Closed 37 Continue Public Hearing to 4/7/76 38 Public Hearing ZV-309 Appeal to Planning Commission Decision on Application for Variance to Develop Parcels of Land With Less Side Yard, Lot Frontage, and Minimum Lot Size as Required by Code. Applicant: Les Perance 38 Publications, Mailings & Postings 38 No Written Protests 38 Les Perance Applicant ZV-309 38 Tom Carpenter in Opposition to ZV-309 39 Public Hearing Closed 39 Concur With Planning Commission's Recommendation & Deny the Appeal ZV-309 39 Alfred Wittig 39-41 Acting City Manager W111 Set Joint Council and Planning Commission Meeting 41 Police Association Representatives Miscellaneous City Employees Association Mike Dargus Re Sales Tax Leo King Joe Gate H. Brody Jack Ray Re Ledford Annexation Susan Blewett 42 42 42 43 44 44 46 46 48 48 48 49 James Garrow 49 50 Judith Goble Susan Gray Tom Carpenter Gloria Zook 50 51 51 52 52 54 54 Ha11 ie Slater 55 56 Award Contract Project No. 139 to Griffith Co. of Long Beach $82,751.75 Subject to Approval of Federal Highway Administration 56 Award Contract Project No. 174 to Edwards Electric of Arcadia $12,549.00 56 Bid Acceptance One 1) 1/2-Ton Pickup or Stake Truck No Bids Received 56 Continue County General Services to April 7, 1976 56 BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpeIndex March 17, 1976 Page 3 Page Propane Fuel Conversion City Vehicles 57 Authorize Advertising for Bids and Conversion of All 1975 or Newer Vehicles to Propane Fuel 57 Sale of City-Owned Property Abandoned Walkway Between Benham Ave. and La Rica Avenue 57 Authorize Execution of Quitclaim Deed Parcel A To Langleys and Execute Documents For Sale of Parcel B to Mr. Eitel for $60 57 Transfer of Maintenance and Operations of United Parcel Storm Drain System 57 Res. No. 76-19 Transfer and Conveyance of Storm Drain No. 597 United Parcel Service) to County 58 Res. No. 76-19 Adopted 58 Housing and Community Development Committee Appointees 58 Annexation Procedural Committee Councilman Hamilton Appointed 58 New Police Facilities and New City Halt 58 City Newsletter 58 59 1:50 A.M. Meeting Adjourned 59 BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpeREGULAR 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. An invocation was given by Dr. Merle P. Smith, First United Methodist Church. COUNCILMEN AGUILAR. BLEWETT, HAMILTON, KITCHEL AND MAYOR WALDO Roll Can: Present: CITY MANAGER MITCHELL, ASST. CITY ATTORNEY BARBOSA, DIRECTOR OF PUBLIC WORKS LATHROP, PLANNING DIRECTOR KILGOUR. CHIEF OF POLICE ADAMS. CITY TREASURER MONTENEGRO AND CITY CLERK BALKUS Also Present: Absent: CITY ATTORNEY FLANDRICK AND DIRECTOR OF FINANCE HALLOWAY 00- MARCH 17, 1976 7:30 P.M. INVOCATION ROLL CALL CONTINUATION OF PUBLIC HEARING Z-390 An application for a zone change on Maine Avenue from C-1 Neighborhood Commercial) and/or C-2 Heavy Commercial) to R-1 Single Family Residential) or R-2 Light Multiple Residential or R-3 Heavy Multiple Residential) on the following properties: 4709, 4705, 4703-1/2, 4701. 4681-1/2, 4679-1/2. 4675, 4669, 4663. 4659, 4655, 4649, 4643, and 4637 Maine Avenue Area A); 14318, 14328, 14332, 14338 and 14342 Ohio Avenue Area B); 14402, 14403, 14408, 14409, 14412. 14415 Hallwood Drive Area C), and 4620, 4626, and 4630 Maine Avenue Area D). Initiated By: Planning Commission Continued From January 7, 1976 and February 18, 1976) 00- AT 1:50 A.M. COUNCILMAN AGUILAR MOVED, HAMILTON SECONDED THAT THE CITY COUNCIL ADJOURN. There were no objections. Carried unanimously. 00- CONTINUATION OF PUBLIC HEARING CONTINUED TO APRIL 7. 1976 ADJOURNED 1:50 A.M A^ DATED: MARCH 18, 1976 TIME: 10:00 A.M. THELMA L. BALKUS, CITY CLERK BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpeREGULAR 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. An invocation was given by Dr. Merle P. Smith, First United Methodist Church. 0—M68 MARCH 17. 1976 7:30-P.M. INVOCATION Roll Call: Present: COUNCILMEN AGUILAR, BLEWETT, KITCHEL, HAMILTON AND MAYOR WALDO ROLL CALL Also Present: Absent: CITY MANAGER MITCHELL, ASST. CITY ATTORNEY BARBOSA, DIRECTOR OF PUBLIC WORKS LATHROP, PLANNING DIRECTOR KILGOUR, CHIEF OF POLICE ADAMS, CITY TREASURER MONTENEGRO AND CITY CLERK BALKUS CITY ATTORNEY FLANDRICK AND DIRECTOR OF FINANCE HALLOWAY 00- Mayor Waldo announced that it was his great honor to present to Ex-Mayor Hamilton the gavel that he wielded so heavily in the last two years. Councilman Hamilton accepted the gavel and expressed his appreciation. 00- Mayor Waldo stated that it had been requested that the Council adjourn to Executive Session to discuss matters of personnel interest. He did not believe this would take long and those in attendance would have time for a cup of coffee. Councilman Blewett said he would tike to address himself to the situation; that he didn't necessarily think that what needs to be said shouldn't be said out in front of the public. The public has the right to know. Mayor Waldo said he was sure the public would know and it had been requested. Councilman Blewett asked who had requested the executive session. Mayor Waldo stated Councilman Aguilar. Councilman Blewett said he objected. AT 7:37 P.M. THE COUNCIL RECESSED TO AN EXECUTIVE SESSION TO DISCUSS MATTERS OF PERSONNEL INTEREST. M/S: AGUILAR/ KITCHEL. Roll Ca11. Ayes: AGUILAR/KITCHEL/HAMILTON Councilman Hamilton did clarify that it is proper on personnel matters to go into executive session)/WALDO. Noes: BLEWETT. The motion carried. PRESENTATION GAVEL TO EX-MAYOR HAMILTON 7:37 P.M. RECESS TO EXECUTIVE SESSION 00- At 7:48 P.M. Council reconvened in regular session. Roll Call same as before. 00- Assistant City Attorney Barbosa suggested approving the Minutes, receiving and filing the Treasurer's Report and approving the Claims and Demands Resolution before the City Council proceeded. MINUTES OF MARCH 3 AND MARCH 9. 1976 APPROVED AND FURTHER READING WAIVED. M/S/C: HAMILTON/KITCHEL. There were no objections. 00- 7:48 P.M. RECONVENED IN REGULAR SESSION MINUTES OF 3/3 & 3/9/76 APPROVED BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpeftocm Regular Meeting of the Baldwin Park City Council TREASURER'S REPORT OF FEBRUARY 29, 1976 RECEIVED AND FILED. M/S/C: BLEWETT/HAMILTON. There were no objections 00- March 17, 1976 Page 2 TREASURER'S REPORT 2/29/76 REC*D AND FILED City Clerk Batkus read by title: RES. NO. 76-18 CLAIMS & DEMANDS 4433 4626 PAYROLL 2/22/76 3/6/76 RESOLUTION NO. 76-18, ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK Asst. City. Manager Hale said he regretted bringing on two additional Warrants. He said one Warrant No. 4633, pertained to the escrow Agreement to purchase the Littlejohn property as it was necessary to place into escrow the money agreed upon $49,585 and a second Warrant N632 pertaining to the purchase of easements for undergrounding the alley of Under- ground Utility District No. 2 amounting to $120.00. WARRANT NOS. 4633 & 4632 ADDED RESOLUTION NO. 76-18 ADOPTED AS AMENDED AND FURTHER READING WAIVED. M/S/C: BLEWETT/HAMILTON. Roll Call. There were no objections. RES. NO. 76-18 ADOPTED AS AMENDED 00- MOVE THAT PERSONNEL ACTION BE CONTINUED UNTIL ALL PERSONNEL INVOLVED HAVE AN OPPORTUNITY TO BE PRESENT. M/S: BLEWETT/HAMILTON. Rol1 Cat 1. Ayes: BLEWETT/ HAMILTON. Noes: AGUILAR/KITCHEL/WALDO. The moti on failed to tarry. CONTINUE ACTION UNTIL PERSONNEL PRESENT MOTION DID NOT CARRY Mayor Waldo said a request was needed for the Acting City Attorney to proceed with the proper motion. Councilman Kitchel so moved. Acting City Attorney Barbosa suggested the proper motion. RESOLVED THAT THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROPRIATE $60 FROM THE RESERVE UNAPPROPRIATED RESERVE UNAPPROPRIATED CONTINGENCY FUMDiFOR THE fFOR CONTINGENCY ACCOUNT PURPOSES OF HIRING SPECIAL LEGAL COUNSEL TO ADVISE THE CITY COUNCIL. M/S: KITCHEL/AGUILAR. Councilman1Btewett In speaking to the motion I would tike to challenge and charge that three members of this City Council violated willfully the Brown Act of the State of California, which is a felony. These three men have through joint complicity violated and decided to fire 3 members of the City Staff. This is a motion to hire counsel, Mr. Graham Ritchie, who wilt give them the advice that they want so that they can proceed to fire the City Attorney, if you can believe all that. I charge the Council majority with an illegal act; I charge them with cronyism and I challenge them because they will be challenged in court; I challenge them to hold a public hearing-- because they don't have the guts they wanted to do it behind closed doors but they found out that the law requires that they have to have the guts to present it to the people of this City. i Mayor Waldo- Thank you, Mr. Blewett. I am sure that everybody in this room knows that a person cannot be discharged without doing it in public. I'm sorry, Mr. Btewett, I did know it. Roll call, madam. Councilman Hamilton That's a roil call on the Resolution for the money? Roll Call followed on the Resolution Minute) for the money. Ayes: KITCHEL/AGUILAR/WALDO. Noes: BLEWETT/HAMILTON. The motion carried. RES. NO. 76-19 ADOPTED BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpe0006B70 Regular Meeting of the Baldwin Park City Council March 17, 1976 Page 3 Acting City Attorney Barbosa Mr. Mayor, the City Council now has $60 with which to hire special legal counsel to advise in this matter. Interruption from the audience) Mayor Waldo said he was sorry but this was not a public meeting and that they were conducting business here. Acting City Attorney Barbosa clarified that it was not a public hearing but it was a public n'oeting. Acting City Attorney Barbosa Mr. Mayor, the City Council now has available funds with which to hire special legal counsel. Councilman Btewett My gosh, Emmit. Mayor Waldo Win you please be quiet, Mr. Btewett. I'm asking the City Attorney a question. Councilman Btewett Hire the counsel. You're so dumb. Acting City Attorney Barbosa Mr. Mayor, the funds are available for any purpose you wish to use them in hiring special counsel. Mayor Waldo Then I will entertain a motion to hire special counsel. HIRE GRAHAM RITCHIE FOR SPECIAL COUNSEL. HIRE GRAHAM M/S: AGUILAR/KITCHEL. RITCHIE FOR SPECIAL COUNSEL Mayor Waldo Is there any discussion, Mr. Blewett? Councilman Btewett Yes, there is discussion. I think it is kind of ironic that if you don't get the legal opinion you want then you go out and hire it. That's like going to church and if the minister doesn*t tell you what you want to hear you go down the street to the other minister and that's what we're going to do. Councilman Hamilton The action here tonight I think is very poorly timed since the City Attorney has had a death in the family and problems at home and he was unable to attend. I think it is unfair to him to have a hearing on disciplinary action without his being present, and therefore I think that this action is completely out of order. Mayor Waldo Thank you. We have tried on three differ- ent occasions to talk to Mr. Flandrick and he has not been available. So I wi11 entertain a roll call vote Councilman Btewett Wait a minute. I would like to speak one more time. I'm going to tell you something. I found out about these three actions today at 2 o'clock. Mr. Waldo called me at 12 o'clock and asked for a meet- ing with me at 2 o'clock. He said they were going to fire Mr. Hale; they were going to fire ask for resigna- tions of Mr. Hale, Mr. Mitchell and Mr. Flandrick and I said I was against that and I thought it was wrong and I said My gosh, Emmit, Bob Flandrick's wife died on Friday and you've got to have more class than to fire a man on Wednesday after his wife's death." And he said to me What's it matter. We are going to fire him, anyway." The man has no class. Councilman Kitchet I would like to refute that. I think it is terribly unfortunate that Mr. Flandrick continued) BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpeOCOWl Regular Meeting of the Baldwin Park City Council March 17, 1976 Page 4 suffered a death in his family, but deaths occur every day and government business, like any other institution in this country, must continue to go on. The citizens of Baldwin Park have mandated progress. They have mandated by going to the polls that they want a change. Councilman Blewett told Councilman Kitchel that he had gotten more votes than he did and Councilman Kitchel responded not that many. Councilman Kitchel I would only like to say to those of us to those who support progress that this commun- ity must move forward rapidly and evidently you, like the past City Councils have continued to drag your feet and you manage to muster up any excuse necessary and start slinging your mud just like you have during the past campaigns. As far as I am concerned, we need to take whatever action is necessary tonight on the administrative level so that we can fulfill the will of these citizens. Councilman Blewett I have one thing to say. Mr. Mayor. I am going to read something right now and there is nobody going to stop me. Campaigning on City Time Under Probe." This is a reprint of the article from 2/26/76. and I am going to read it in its entirety because I am going to show you that Mr. Kitchel, Mr. Aguilar and Mr. Waldo and Mr. Sexton are pathological liars. Councilman Kitchel Is this the strength of your campaign? Is this the issue? The Item was read in full. Copy in official files) Councilman Blewett Now, mind you, that was less than a month ago. My, how times change. We get elected and we change our tune. That's like Waldo becoming the great crusader for CRA when he was the great oppon- ent of it. And that rag. the Treasure Chest, they did the same thing. I think this government needs consist- ency and honesty. Councilman Aguilar caUed for the question. Councilman Hamilton asked what was being voted on at this time and City Clerk Balkus said the motion was TO HIRE GRAHAM RITCHIE FOR SPECIAL COUNSEL. Rol1 Call. Ayes: AGUILAR/KITCHEL/WALDO. Noes: BLEWETT/HAMILTON. The motion carried. Mgyor Waldo Mr. Ritchie. will you please step forward. The Council has voted to bring you in as special counsel. We have appropriated $60 to pay you. We would tike to readjourn back into Executive Session and get your.input on the matter before us before we come back Asst. City Attorney Barbosa Mr. Mayor, I wish to indicate and make clear at this time that Govern- ment Code Section 54957, amended in 1975, provides that7 where the City Council or any local agency tends to impose any discipline or termination of an employee, that may be done in an executive session. However, at the instance of the employee, he has a right to demand that his disciplinary hearing or a termination hearing be in public session. As your Acting City Attorney and the proxy for Mr. Flandrick, I hereby demand- that any hearing involving discipline of the City Attorney be in public session. You may adjourn. continued) HIRE GRAHAM RITCHIE FOR SPEC. COUNSEL BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ Cpeococa72 Regular Meeting of the Baldwin Park City Council AT 8:08 P.M. COUNCIL ADJOURNED TO AN EXECUTIVE SESSION. M/S: AGUILAR/KITCHEL. Roll Call. Ayes: AGUILAR/KITCHEL/ WALDO. Noes: BLEWETT/HAMILTON. The motion carried. 00- At 8:32 p.m* Council reconvened in regular session. Roll Call same as at beginning of meeting. 00- Councilman Kitchet I would like to ask Mr. Ritchie to state the Motion that was made during the executive session. Acting City Attorney Ritchie suggested the proposed motion: SUSPEND THE SERVICES OF THE CITY ATTORNEY UNTIL FURTHER NOTICE AND EMPLOY SPECIAL COUNSEL, GRAHAM RITCHIE. UNTIL FURTHER NOTICE, AT THE RATE OF $60 PER HOUR, AND SET A HEARING ON APRIL 7. 1976, ON THE QUESTION OF THE TERMINATION OF THE SERVICES OF THE CITY ATTORNEY TO GIVE HIM AN OPPOR- TUNITY TO BE HEARD IN PUBLIC SESSION AT THAT TIME. Motion by Councilman Kitchel. Mayor Waldo Do I have a second on that? Voice in background announced that Mr. Ritchie had said $60 an hour and that the motion would have to be corrected from $60 as stated on the first motion.) March 17, 1976 Page 5 ADJOURNED 8:08 P.M. TO EXEC. SESSION RECONVENED 8:32 P.M. IN REGULAR SESSION SUSPEND THE SERVICES OF THE C.A. UNTIL FURTHER NOTICE & EMPLOY SPEC. COUNSEL, GRAHAM RITCHIE, UNTIL FURTHER NOTICE, AT THE RATE OF $60 PER HR.. & SET A HEARING 4/7/76- ON THE QUESTION OF THE TERM. OF THE SERVICES OF THE C.A. TO GIVE HIM AN OPPORTUNITY TO BE HEARD IN PUBLIC SESSION AT THAT TIME Mayor Waldo The gentleman is right. need to be done to that? Does anything extra Acting City Attorney I believe that your first motion that I heard you making earlier was to authorize $60 and I take it that the intention was to cover one hour's consultation time and I take it now that it is the intention of some members of the Council to extend that until further notice. If so, then the rate would be on the hourly basis of $60 which is the same basis which the City now compensates the present City Attorney and would also compensate me as special counsel, COUNCILMAN AGUILAR SECONDED THE MOTION. Councilman Blewett Mr. Mayor, I would like to speak to that That is. No. 1, an incorrect motion because the total motion I would like Mrs. Balkus to read it back if I'm not mistaken, we made a budget amendment of $60 total so it would require a budget amendment to dip into the General Fund so it is going to require another motion before this motion. Mayor Waldo If Mr. Flandrick is suspended as of this moment and is not working, using his $60 an hour, would we be paying both attorneys? i Assistant City Attorney Barbosa I believe you would. continued) COUNCILMAN AGUILAR SECONDED MOTION BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ Cpe0006873 Regular Meeting of the Baldwin Park City Council March 17, 1976 Page 6 The retainer agreement with the firm of Martin & Flandrick is a month-to-month retainer agreement. Mayor Waldo Even if he were suspended? Assistant City Attorney Barbosa Well, if he were suspended, he is still entitled to his reasonable compensation. The retainer agreement is a month-to-month agreement; therefore, in the event that the City Council were to suspend Mr. Flandrick from serving the City of Baldwin Park, I believe nonetheless he would be entitled to his compensation to the end of the month Councilman Kitchel At this time would it be appropriate then for me to withdraw my motion? Acting City Attorney I would agree if the City has a month-to- month retainer with Mr. Flandrick that he would be paid for this month or would be entitled to be paid for this month and that would carry through the end of the month and that the suspension would not terminate the effect of all that until Council resolved the question of his suspension. Mayor Waldo Then no other action is needed to amend the budget to provide for additional legal counsel? Mr. Ritchie said that Mr. Barbosa was the City Attorney tonight and to ask him to respond to that. Assistant City Attorney Barbosa Thank you, Mr. Ritchie. Mr. Mayor, I believe that is correct and that the City has appropriated funds to retain a City Attorney. That agreement or that item is in effect at this time. Were the City Council to select special counsel, that is an extra item on your budget and would have to come out of your unappropriated contingent fund. Mayor Waldo Okay, since we have hired Mr. Ritchie for an hour I don't believe our hour is up. Since he is still on his original $60, can we go ahead and take action on this motion and then if we see fit to amend the budget, can we do that? Acting City Attorney Ritchie Yes, if this motion passes and you want to appropriate the money, that would be presum- ably a budget procedure, and you don't have other moneys appropriated, it requires a separate motion, and if you didn't take the second motion then you wouldn't have the money available. Roll Call. Ayes: KITCHEL/AGUILAR/WALDO. Noes: BLEWETT/HAMILTON. The motion carried. Mayor Waldo Mr. Ritchie, do you want to frame another motion to amend the budget? Acting City Attorney Ritchie The motion would be to appropriate from the unappropriated reserves a certain amount of money to cover the obligation under this agreement continued) SUSPEND THE SERVICES OF THE C.A. UNTIL FURTHER NOTICE & EMPLOY SPEC. COUNSEL GRAHAM RITCHIE UNTIL FURTHER NOTICE $60/HR. & SET PUB. HEARING 4/7/76 APPROVED BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ Cpewoean Regular Meeting of the Baldwin Park City Council March 17, 1976 Page 7 r we would need a definite amount I would say the provision for the sum of $300 would probably take us pretty far down the road for the time being, and then any additional amount This would certainty cover this meeting. APPROPRIATE $300 FROM THE UNAPPROPRIATED RESERVES TO APPROPRIATE $300 COVER THE OBLIGATION UNDER THIS AGREEMENT. M/S: KITCHEL/ FROM UNAPPROPRI- AGUILAR. Roll Call. Ayes: KITCHEL/AGUILAR/WALDO. ATED RESERVES TO Noes: BLEWETT/HAMILTON. The motion carried. COVER THE OBLI- GATION UNDER THIS AGREEMENT APPROVED Interruption from the audience) Mayor Waldo Sir, no, no. This is not an open meeting. Assistant City Attorney Mr. Mayor, it is an open meeting, however, it is not a public hearing. Mayor Waldo That's right. This is my first night as Mayor. Interruption from the audience It may be your last.") Mayor Waldo That may be true. However, we are going to proceed. Assistant City Attorney Barbosa Mr. Mayor, the next step in the procedure at this point, now that you have the funds available to have special counsel to assist the City Council at this time it would be appropriate for the Mayor or the City Council to invite Mr. Graham Ritchie to take the seat of the City Attorney. Mayor Waldo Thank you. Mr. Ritchie, would you please take your seat as Acting City Attorney. Assistant City Attorney Barbosa May I be excused? Mayor Waldo You may, and thank you for coming. Mayor Waldo Gentlemen of the Council, I believe we need an additional motion to adjourn to Executive Session. ADJOURN TO EXECUTIVE SESSION. M/S: AGUILAR/KITCHEL. Councilman Hamilton Mr. Mayor, we have business to take care of and people here on public hearings, and before we continue this executive session, I think these people should be heard and I move that we postpone any more executive sessions until we have the Public Hearing Mayor Waldo We have a motion and a second on the floor. Councilman Hamilton I can't understand this. Mayor Waldo We have a motion on the floor and a second. Councilman Btewett Great government we've got here. These people are on the agenda and they have a right to have their cases heard not at midnight. Don't you care about good government and honesty? Mayor Waldo Mr. Blewett, that is what we are trying to do. Councilman Btewett Set matters come first. Mayor Waldo We will not be deterred from this. continued) BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ 1976 03 17 CC MIN(ÌìΡ CpeRegular Meeting of the Baldwin Park City Council March 17, 1976 Page 9 The Brown Act states that if any employee is being dismissed and his case is being considered in execu- tive session, he can insist that it be done in a public hearing. In the case of the Assistant City Manager, he is not entitled to a public hearing under any law that I am aware of and it is a courtesy to allow him to make a statement at this time. The Council is not required to go further into the matter. It may act on the motion at this time. He is not entitled to be represented by counsel in this case because he serves at the pleasure of the City Council and the City Council no longer wishes him to serve and they must retain themselves that right. Therefore you may act in the matter tonight if you wish. Assistant City Manager Hale If I am serving at the will and pleasure OT the Council, is not the City Manager and the City Attorney also? Acting City Attorney Ritchie Yes. Assistant City Manager Hale Then how am I different than the City Attorney? Mayor Waldo Because the City Attorney was not here to speak for himself tonight and we are extending that courtesy to him although it is costing the City additional funds to do so. Assistant City Manager Hale I would appreciate knowing from the Mayor and the Council the reasons for my firing. Acting City Attorney Ritchie Before there is response to that perhaps it would be helpful to point out that Civil Service employees are entitled to a statement of reasons for their discharge and a hearing because they have a vested right in their employment. People who accept positions with the City where they serve at the pleasure of the Council do so to carry out the will of the City Council. They are not considered to have vested interests in their job and they are not entitled to that type of a showing. The Council is therefore not required to show any more than that a majority of the City Council no longer wish the services to be rendered by that person. If the Council wishes to make any further statement or if any member of the Council wishes to do so they certainly can. They are not required to under the law. Interruptions from the audience) Mayor Waldo Point of Order. If there are any more disturbances I will have to ask you to leave. We are conducting City business here and I wilt not tolerate any type of interruptions. Mrs. Gibson, Please. Voice This is not Mrs. Gibson. This is Mrs. Boles.) Well, Mrs. Boles, please. Councilman Hamilton I think the Assistant City Manager asked a question and that he is entitled to an answer because he has been with the City 4-1/2 years and in my opinion he is one of the hardestworkers and department heads that we have had in City Hall. He has been very instrumental in this City receiving over $1 million in federal grants. He worked hours and hours and I know personally that to get some of his work done, because we had deadlines to meet, that he and the City Manager were here until 3:00 in the morning with some other Department Heads getting this work out so that we were able to receive these federal grants. I worked with Mr. Hale when he was Acting City Manager and in my opinion he is a very capable man and I felt months back that one of these days he would be City Manager of some City and he certainly in my opinion has the qualifications. I feel that this man is being fired for personal reasons rather than his performance. This to me is wrong. BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpeooow? t V^^QL^ ww"i K^ Regular Meeting of the Baldwin Park City COUJTC^ March 17» 1976 Page 10 I don't care, any human being has the right to at least find out why he is being fired; what did he do to warrant this? I think that is a human right and I am bitterly opposed to this because this man has earned every dollar that he has earned out of this City. In my Opinion, that and more. Now because of some turmoil throu^iout some departments or another department he is being i^d. This I just can't go along with it is wrong and I think it is going to set this City back if action is made here tonight. We want to move the City ahead. It has been the policy and it has been the campaign that has been going on and this is certainty not the way to move ahead. This is going to set us back and it is going to hurt this City. It is going to hurt all of us so I absolutely bitterly oppose this action. I am speaking now of Mr. Hale. Assistant City Manager Hale Thank you. Councilman Hamilton. Councilman Blewett I will reserve comments until I hear the reasons for Mr. Hale's dismissal. Councilman Aguilar According to all the youth and all the gang members, they don't have any respect for Mr. Hale. All the time when they come down here for help they get the runaround and they are sick and tired of this and it is time for a change and to have people work for kids. This is not the first time they have complained to me. It was before I even ran for election. That is my reason. These kids need something to do and all of the time they come down here and get the runaround. These are my reasons and I will stick by them. Councilman Kitchel When I campaigned I said that Baldwin Park needed new leadership. That is not only new leader- ship on the City Council but that means new leadership in City Hall the administrators. I believe that if Baldwin Park is going to take a new direction that it has to take these necessary actions and it has to take them as soon as possible. If some of you out there think this is radical action tonight you are entitled to that interpretation of it, but as I see it Baldwin Park is already 20 years behind time and we have remained way far behind our neighbor- ing cities and I just believe that Baldwin Park with its new City Council and with a new City administration that will implement programs affecting senior citizens, youth such as our Youth Commission which we promised. We will need utmost cooperation with administration in this area and I believe in the area of community redevelopment. We have seen a dire lack of activity by the administration; therefore, I would like to see a change of administrators. Those which I believe will best aid the City Council in finding its new direction. Baldwin Park has stood back far too long with extremely high property taxes and has been the underdog of the San Gabriel Valley and indeed the state. For that simple reason I believe that the change must occur in City Hall as it did on the City Council. For that reason I am in favor of Mr. Hale's dismissal. Mayor Waldo My reason for this action tonight Is one that goes back some time. I have found over the last few years a hesitancy to work together In City Hall and I want more than anything for this City to move forward with industry and new commercial enterprises and you would not believe, ladies and gentlemen, the pressures that have been brought to bear on this Council. We sit here, hopefully like gentlemen, and we take it but we see our duty and I see mine and regardless of the consequences that may come we must have the courage and I hope that I have the courage to follow my convictions. I have nothing against this man. He is one fine man he certainly is. He has worked hard for not only his office but he has worked very hard for the Boy's Club, I know that, and I know he is but he is not, in my opinion the man for the position of Assistant City Manager BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpe006378 Regular Meeting of the Baldwin Park City Council March 17, 1976 Page 11 and that is my opinion I must vote my convictions and I intend to do that regardless of whatever happens to Emmit Waldo. That's my position. Councilman Blewett You know, I have been advised by the new City Attorney that I had better watch my mouth or I'd better have a large bankroll but I don't really care. I don't care if he sues me or I don't care who sues me I am going to call it the way I see it. I think what has happened here tonight is banrkruptof all morality. Now Mr. Aguitar talks about the youth a11 the time but I haven*t seen much of his great, activity in helping the youth except that a few times he got a few pictures in the Treasure Chest that were set up to help him get elected. I haven't seen his great youth activity. I would tike to tell you that I have seen Phil Male's. He has put in more time and more work for youth in this community than all three of these gentlemen sitting up here at the City Council table. I have worked with him at the Boy's Club. He is President of the Boy's Club and the Boy's Club does a lot of good. I would say he is a kind of Horatio Alger. He has come up through the ranks of the City. He started out as Assistant Director of Public Works and he has come up through the ranks to the position of Assistant City Manager. He got there through hard work he didn't get there any other way. And then Mr. Kitchet brings out that we are firing him because we are going to lower the taxes. Well that is pure crap. Councilman Kitchet I did not say tower the taxes, Russ. Now as a point of clarification, I said Baldwin Park has high taxes and it is high time we changed that direction so for clarification please get that straight. Councilman Blewett I am going to point out something. West Covina has high taxes. The only City around here that doesn't have high taxes is Mr. Ritchie's city and that is because they don't even have a property tax, I don't believe. Isn't that correct, Mr. Ritchie? Acting City Attorney Ritchie As in most of the things you have said about the City of Industry tonight that is totally incorrect. They have a property tax. Councilman Blewett Do they have a City property tax? And how much? Acting City Attorney Ritchie Indeed we do. And I am not, by the way, the Acting City Manager. The tax is $1.00 per $100 of assessed valuation. That is the City's tax. The total tax rate is about $14 and some odd cents per $100, just like everybody else. Councilman Blewett They are getting their sates tax revenue but anyway the point I am trying to make is that I guess an employee just can't come to work for a City and work his way up and do a good job without getting had along the way by some political hacks but so be it. Every City has to have its cleansing and I think the City of Baldwin Park is due for one. So soon after the election I think it's a shame. Councilman Aguitar They had one two years ago, Russ. Mayor Waldo Welt I think we have aft had our say and should give Mr. Hale Assistant City Manager Hate Councilman Hamilton, I really appreciate what you had to say and you, too Councilman Btewett. I want to respond to Councilman Aguitar. He indicated that I had no excuse me) I am a professional. I have spent my BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpeCCGGO'79 Regular Meeting of the Baldwin Park City Council March 17. 1976 Page 12 life going to school and trying to get ahead and trying to do the best thing. I really believe that if you do work hard and you do what you believe in your heart to be the right thing that that's the right way to go. I wilt always believe that. It wouldn't make any difference what this action is. But what hurt me is what Councilman Aguitar said. I think the most important thing, believe me, is our youth. I have tried a11 my life to help the youth because it is because of the Boy's Club of America that I am here today. Believe me, I could te11 you some stories about the Boy's Club. The Boy's Club of Baldwin Park can be a very significant voice in stopping graffiti because I think the young people of this town need help; they need jobs and we have been trying to get those jobs. It is not a simple thing. We have to respond to the direction of the Council as administrators. We have no power by ourselves. We must only implement policy. We don't establish it. If We have no power with which to help, then how can we be faulted if we don't? This is essentially what you are saying, sir. I can only say that I regret that I cannot have counsel. I don't know what my rights are, if any. I'-m an administrator; I'm not a lawyer; I'm not a politician. I don't understand these things. I regret leaving Baldwin Park. I have been here almost 10 years. 4 1/2 years with the City and almost 5 years with the United Concrete Pipe Corporation as the Director of Quality Control and Manufacturing Administration Manager. I'm a registered Professional Engineer; a Civil Engineer, I don't get into politics; I don't know anything about politics nor do I want to. I only try to do a job. If I have failed, then I can only apologize not only to the Council but to the people of Baldwin Park as we11. That is all I have to say. Councilman Hamilton I have a couple of statements that I would tike to make. I would like to clarify something that a lot of these people don't know and I think I am entitled to that. Mayor Waldo Mr. Hamilton, I am going to call for the question. There is a motion on the floor If I give you that right, then I will extend it to everybody else. Councilman Hamilton That's okay. I don't object to that but this is a very important thing. Mr. Hate while working for the City of Baldwin Park, a lot of this I'm sure the people don't know) when City Manager Mocalis resigned, Mr. Hate took the reins and he did a good job, in my opinion because I was mayor and I worked with him. Then after we hired a permanent City Manager the Planning Director left. He took over that Department and ran it and it went along very well. We got a Planning Director aboard and the Finance Director left. She resigned. Mr. Hate took over that department. So he has worked in nearly every department in this City and it is a crying shame that we are losing this man who has done so much as I stated before and as I say, if anybody in this town has earned the dollars he has received, he is certainly that man that has earned those dollars. Mr. Mayor, that's what I wanted to bring out. Maybe these people didn't know about this. Councilman Aguitar Call for the question. Mayor Waldo Roll Call, please. Roll Call. Ayes: AGUILAR/KITCHEL/WALDO. Noes: BLEWETT/ TERMINATE PHIL HALE, HAMILTON. The motion carried. ASSISTANT CITY MANAGER 00- TERMINATE ROBERT MITCHELL, CITY MANAGER. M/S: KITCHEL/ TERMINATE ROBERT AGUILAR. MITCHELL. CITY MANAGER BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpeRegular Meeting of the Baldwin Park City Council CCGG880 March 17. 1976 Page 13 Mayor Waldo The motion has been moved and seconded. Are there any discussions? Mr. Hamilton? Councilman Hamilton I seem to be first for discussion so if I am, I would like a rebuttal if I ask for it. Our City Manager hasn't been with the City of Baldwin Park too long. He came to this City when there was political turmoil. We had departments that weren't filled. He took the job under one condition, that we give him a contract, and on that contract it called for a 4/5 vote and it called for a certain amount of money if he was terminated, even by a 4/5 vote. Now our Acting City Attorney says that that contract is no good. That's the way I understand it. Maybe not in those terms but because we don't have a City Code to back it up. I'm not a City Attorney so I can't argue that point but I'm sure it will be argued in the courts. The City Council maybe it is our fault that he didn't move any faster than he is accused not of doing because the City Manager works under the direction of the City Council. The City Council sets policy. This man is being blamed for something and being fired for something that is the Council's'fault, if that is true what they are charging him of, which I don't think it is, but if it is. that's the way you would have to term it. The Council never had a meeting with him to set down and tell him exactly what they wanted, because there was turmoil in the Council. It was split and it is a crying shame that this has to come about because when there is political turmoil developers seem to shun away from that city and we have had that problem. For about a year I thought we had things going pretty well and then things got out of hand again. I have tried to work with my fellow council- men, all of them. They are elected and they have the vote the same as I have and I think we should all work together. But we have got a political turmoil now that tops anything that has ever happened in the City and the action of these present 3 councilmen tonight is going to set Baldwin Park back five years. You can just mark that down. We want to move forward, but we are moving forward in the wrong way* This could have been handled properly it could have been handled in a businesslike way. This could have been prevented and we could have worked together But our City Manager never had a chance to sit down with these people and talk it over. He just up and said we are going to fire him. I got this at about 1:00 that the Council was going to fire the City Manager. That was the first that I had heard about that that they positively were going to fire him. So that's what has happened and I also oppose this because the man hasn't been given a chance. We interviewed we had 104 applications for City Manager when he was hired. Mayor Waldo and the other Councilmen went through all of these applications and we got them down to 20 and turned them over to an Oral Board and when it came to hiring a City Manager he was the only one of the applicants that had a unanimous vote by the Council, that he was hired, and now he is being fired by the Council with a 3-2 vote. I don't like that one little bit. Councilman Blewett I want to reserve to the end. I want to hear why he is being fired. Mayor Waldo You are going to have a chance to rebutt. Councilman Blewett I have one question, Mr. Mayor. I am going to direct it to you. Who do you intend to make City Manager? Mayor Waldo Well, we are going tP take one thing at fi time. BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpe0000861 Regular Meeting of the Baldwin Park City Council March 17. 1976 Page 14 Councilman Blewett Oh, but I am just really interested. It's either going to be the gentleman to my right Ritchie) or it's going to be Mr. Sexton. I doubt if they can make it Mr. Sexton because both Mr. Sexton and Mr. Waldo denied the contention about making Mr. Sexton City Manager. Sexton said he wasn't interested in the job. Mind you that's on February 26. My» how an election can change things; Okay, we are going to talk about people being men of their word. I've heard our dear, esteemed Mayor say on many occasions that a handshake was good enough and that a man's word is his bond. Well, I was always taught that you honored contracts. That is something I learned in business school and something my father taught me. We have a contract with Mr. Mitchell. The action that they are taking they offered incidentally to buy him off, in essence. Mayor Waldo I beg your pardon. We did not. Councilman Blewett They said that if he took it to court Mayor Waldo I take exception to that, sir. Councilman Blewett They said if he took it to court that he stood to lose money. Well, as it is the City of Baldwin Park is going to probably have to pay Mr. Mitchetl the balance of about $35,000 a year for 3-1/2 years for no work. So they are going to give I believe it is I would like at this time to ask the City Attorney to tell us how much the City of Baldwin Park would be liable for. How many dollars in terms of this contract? Acting City Attorney Ritchie The contract provides that if Mr. Mitchell was terminated in the first year the City would pay him 6 months pay as severance pay. If he was terminated during the second year 4 months pay. It is 3 month's pay for the third year and than a year thereafter. I think he has a total of a 4-year contract and almost 1 year has expired. Councilman Blewett So he has a 6 month's severance? Acting City Attorney Ritchie He has a 6 month's severance if he is terminated during the first year. Now I have expressed in executive session to you, and to give a complete answer to your question I think it ought to be stated again that the State Law says that City Managers serve at the pleasure of the City Council. It is my opinion and It is shared by other City Attorneys that the contract attempt- ing to change that creates some barrier to the majority of the C?ty Council in the change of City Managers and is contrary to the State's public policy and is void. Attempting to build into that contract the requirement for 4 votes is equally void, so I don't believe that there is a bfeach of contract in 3 members of the City Council determining whether he is entitled to severance pay under those circumstances. It would depend upon whether the 4 could agree, if the entire contract fails if it was against public policy, whether they can resurrect the portions regarding the severance pay and set aside the question of giving away to the City Manager his obligation to get 4 votes. I also pointed out to you earlier that the Munici- pal Code does not have any 4-vote requirement for the termination of the City Manager. The only place that can be found is in the contract with the City Manager. That would be as logical as saying you would take 5 votes to terminate or that no one can terminate. I think that such contracts are void and the obligation to run the City and to administer its laws is the obligation of the City Council. They have the obligation to select a City Manager to do it for them and if they are not satisfied with his services they must retain the right to make a change just as they would the Chief of Police, the Fire Chief or any other responsible officer. That's my opinion. BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpeRegular Meeting of the Baldwin Park City Council 0006882 March 17, 1976 Page 15 Councilman Blewett You did neglect to mention one thing. Did you not say in executive session that when they adopted this contract that they suspended the Municipal Code in those sections. I don't believe you pointed that out. Acting City Attorney Ritchie Welt, we didn't get into the question of those sections. The Municipal Code formerly said that it took the vote of 3 members of the City Council to terminate the City Manager; that he served at the pleasure of the City Council when they entered into a contract with him. They added a section to the Municipal Code suspending those other sections that I just mentioned. They didn't replace them with anything. They didn't put anything into the Municipal Code that requires 4 votes to suspend him. They merely said that at anytime we have a contract with the City Manager the foregoing sections are the suspension. And I am led to the conclusion that that means that the State's public policy as expressed in the Government Code controls and that is that a majority of the members of the City Counsel can terminate the City Manager. Councilman Btewett And that is your legal opinion? Acting City Attorney Ritchie That is my legal opinion. Councilman Blewett I don't necessarily agree with his legal opinion. I think it is realty a shame that we go about firing a man who quite frankly I haven't even had the opportunity to go about evaluating his performance. I have been away from City Hall for 2 years and I can not judge that man sitting over there in that chair. I can't evaluate his performance because I've only been on board for one week and if I can't evaluate him, there are also two men over here that also don't have the ability to evaluate him. Because first of all, they have never even served on a City Council. I don't think either one of them know what good government is. Okay, so that means that they have relied on somebody else's eviuation and the person whose evaluation they have depended upon is the man who always said that this word is his bond and was one of the five members of this Council. One of them is keeping his word and one of them is not keeping his word who voted unanimously to hire Bob Mitchett and give him this contract. I think that any City and incidentally, I don't agree with giving City Managers contracts. I realty don't. I never have I don't believe in it, but I also believe that if you do give a person a contract that you'honor it and I think that is a tenet of good business. I think our Council is violating all the tenets of good ethics and good business, Councilman Aguitar Mr. Btewett, before Mr. Mitchett came to the City of Baldwin Park, he was City Manager of Duarte. Before he came here I asked questions of tocat organizations' there that I have contact with and I asked them about Mr. Mitchett's record. They said they were gtad he came to Baldwin Park, and that the City of Duarte hasn't even grown in the past 10 years. And now we bring a man here to the City of Baldwin Park to help this City grow and we really expect that? Councilman Blewett I might respond to that. I happen to know every single member of the Duarte City Council on a first name basis. I served with a couple of them on committees and they have the highest respect for Bob Mitchetl. And they are the people that have to judge and evaluate his performance. Councilman Aguitar But what do the people in the City feet the City Council doesn't include the people. Councilman Btewett They keep re-etecting their City Council. BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpeC006083 Regular Meeting of the Baldwin Park City Council March 17, 1976 Page 16 Councilman Aguitar But they let Bob Mitchell go. Councilman Blewett Well, he decided to come here because it was a better job. Councilman Aguilar Well, that's not the story I get and a11 the information I got from Duarteans I can't mention names. But they were happy. Councilman Blewett Well, I can mention names. I can mention every Councilman over there. Councilman Aguilar Well, I don't care about the Councilmen the people and that's what counts in a City the people. Uproar from the audience) Mayor Waldo I will have no more interruptions. Councilman Aguilar I got a lot of respect for Mr. Mitchell. He is a he11 of a nice guy excuse the language) but as to my personal view of him leading the City of Baldwin Park I don't trust him. If you can point out to me I don't think he is qualified in my opinion to lead the people out of this hole to lead the City out. That is my personal opinion and that's why I am with them. I don't have nothing against him personally and Mr. Phil Hale nothing as I said before. I didn't run here to make personal friends. I ran here to see that the people get something and I don't want to run for State Assemblyman like you do, Mr. Blewett. Councilman Kitchen I would tike to make one comment about Mr. Blewett's flambouyant use of bankruptcy of morality" and ethics and good government" and all of this other mean- ingless rhetoric. I think one needs only to think back to the recall and the so called coalition that Baldwin Park experienced in recent years with Clifford Nordby. I would like to state that I think that a year's performance is good enough to make a decision in terms of dismissing administrators. Disturbance in audience) Mayor Waldo I'm asking you for the final time. You had better show courtesy to this organi- zation or out you go, sir, and that goes for anybody in here. While this Council is in session we have City business to take care of. There will be a proper time for you folks to get before that microphone and say your speech, but it is not at this moment. Now will you continue. Councilman Kitchel City Administrators serve at the pleasure of the City Council, and for that reason because of what I campaigned for and the reasons that I gave at the dismissal of Ph11 Hale are the same reasons that I use for the dismissal of Robert Mitchell. That's it. Mr. Mayor. Councilman Hamilton I would like to rebutt something. Mayor Waldo Wait till after I- and then you wilt have your chance after Mr. Mitchell has a chance. Councilmen have stated here that Mr. Hamilton has stated here that the first time that he knew about this was today. That is not correct. I spoke to Mr. Hamilton some weeks ago and at that time he indicated that his views did not coincide with my own and I respected that. I respect the gentleman sitting to my right. He is a fine man and we belong to several fraternal organizations together. I liold no malice to this man. He is indeed a fine man. I just believe that this gentleman is not the man to lead our City forward, onward and upward. And I expressed my opinion on that fact today and he doesn't agree with me and it is plain to see that I have two Councilmen who do not agree with me. But let me say this, ladies and gentlemen, it is the sweep of this land to bring forth something new and make it progressive. The people went to the polls a few months back a year or so BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpeRegular Meeting of the Baldwin Park City Council back and they voted for Community Redevelopment. In that mandate they told us that they wanted this City to march onward and upward with no nonsense. In the last election they did the same thing and I repeat we have been under dire stresses not only from what I feel is stresses at City Hall but from the populace. We have a gentleman and his group who has tried to stop every ounce of progress that this City has tried to implement, in various and sundry ways. And it ended up with a law suit that cost the taxpayers thousands and thousands of dollars. Thank God for the wisdom of our courts. Today we found that the man has been defeated and Baldwin Park is once again going until of course the gentleman should once again decide to appeal it. Now in that case we've got another 2 years of hassle. Okay, you can just bank on that. But do we set still and not try to move our City forward? I for one will not tolerate that. I can say this. Sitting on this Council 2 years, 2 months and 2 days means a lot more to me if I could do something for my community than it ever would sitting here 4, 6, 8 or 12 years and do nothing. That is my opinion and I am prepared, and God give me the strength to do the things that I feel are beneficial for the community. Now when I say it is the sweep of the land it is happening in cities all around us with people that get elected. The first thing they do is bring aboard new, progressive people. Just today I found out that two more cities have joined that that's Lakewood and Bellflower. They immediately wiped out the old group and started with something new something progressive. And that doesn't mean that I think that this fine man sitting by my side or Mr. Hale are bad men. They are not. They are dedicated, family men. It is just that I feel our City needs to be moved in a different direction than they have the capability of moving it and that is my opinion. And now I would like to ask Mr. Mitchell if he would like to say a few words. City Manager Mitchell Mayor and Members of the City Council, I expressed.my request to you in executive Session several minutes ago. I will repeat that request at this time. That is that 1) you entered into a contract of which I was told by the City Attorney, although I know that the Acting City Attorney disagrees, that it was a valid and binding contract and you, Mr. Mayor, along with Mr. Hamilton, were certainly a party to that contract and I expect you to live up to that contract. I respectfully request that I be given an opportunity to retain legal counsel so that we might review this situation, and further, that a hearing in this matter might be continued to April 7th. I think that in all equity and fairness I should certainly be given the opportunity to have benefit of legal counsel and also you know this was brought to me only at 3:30 this afternoon and I frankly have not had an opportunity to really digest everything that has happened since that time. This has been quite a shock and it certainly is unexpected and I would rather refrain from saying anything further until such time as I have the benefit of legal counsel and as I said, I respectfully request this hearing be continued until April 7th. Councilman Hamilton Mr. Mayor, the statement that Councilman Aguilar made I would like to speak regarding Duarte where Mr. Mitchell was City Manager. We contacted him to come over for an interview to come to work for the City of Baldwin Park as our City Manager. As I stated before, there was political turmoil at that time and a new election was coming up not too many months away. He was a little hesitant in coming. He was very solid over there. During our negotiations the City Council of Duarte offered him a raise in pay if he BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpeCCOW85 Regular Meeting of the Baldwin Park City Council March 17. 1976 Page 18 would stay. Mr. Aguitar, you stated that the people were unhappy about that. Well, certainly the City Council wasn't unhappy with his performance because they offered him more money to stay and I happen to be acquainted with two of the Council I have sat on many committees with. They said it would be a great loss to Duarte. They were a little bit put out with us for hiring him out from under them but they did offer him more money. He was very highly respected and he evidently did a tremendous job over there because the Council offered him more money to stay. In rebutting to what Mr. Waldo said, I said I only knew about this about 1 o'clock this afternoon. We discussed about firing certain people in City Hall and I reminded him at that time and that has been a week or so ago that no." I wouldn't go along with it. This is not the time for that. I think the new Council should get their feet on the ground evaluate their work meet with them, go into executive session and if there was anything that they didn't think that we were doing all we had to do was to give them direction and they would go along and do it. But none of this. They didn't have the opportunity for this. But Mr. Waldo then later informed me no, not the City Manager." Today I was informed that yes, the City Manager was going to go, too." That's the fact, Mr. Waldo. Mayor Waldo One little point of clarification. I said we are probably not, including myself I am not including the City Manager at this point. Remember I said that. I didn't say that we exclude him or that I exclude him. I said that I am not considering the City Manager at this time, did I not? Councilman Hamilton That's right. You said you were not including him at this time and now I remind you of a contract with a 4/5 vote and so this has come about and so before the vote is up to keep our City Manager I request that we postpone action until April 7th until he can have legal counsel and I think this request is reasonable and that we should grant it. Councilman Blewett I am just flabbergasted at what is going on. I think we have heard self admission from Mr. Waldo and the other two colleagues that the decision was made out of Chambers. Interruption by Mayor Waldo) I didn't say that. Councilman Btewett Well, I heard it. Mayor Waldo I am just used to saying we" when I set here. Councilman Blewett Oh. Mayor Waldo We11, I'm used to saying we" when we sit here but when I talked to Mr. Hamilton I said I" and don't you ever forget it and don't you try to make anything out of it because it isn't so. Councilman Blewett When I met with Mr. Waldo today he told me we" were going to go and ask for the resignation so in fact I believe they have either if they haven't violated the Brown Act they have certainty violated the spirit of the Brown Act, which means that decisions like this should be made in a public body and I think the people of the community have a right to know and I think also another great spirit and American tradition in the Bicen- tennial Year and youbeingour Bicentennial Mayor is the spirit that every man has his day in court and I would like, although maybe it is not required by the Code, I would BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpeRegular Meeting of the Baldwin Park City Council CC068Q6 March 17. 1976 Page 19 like to see this Council have the intestinal fortitude and the good spirit about them to allow Mr. Mitchell the right to have his counsel and to have a continuance until April 7. I think that is only fair. One additional point I would like to bring out is that they all say that redevelopment is the great cause and that the City has to get on with its development, and I would like to take the people on a little journey back. Two years ago when I lost the Council election I lost it to a man I didn't lose it really to Hamilton I really lost it to Waldo and I have to admit that. I lost it to this man and his whole hue and cry to the people was that we were going to take people's homes and that we were the great agency that was going to Hamilton and I we were for redevelopment. This man was against it. Then he became a Christian and changed his mind. You know something, I think he is the biggest phony and fourflusher that ever came down the pike. I am sure that you people will cleanse yourself of this man in the near future and that's it. Thank you. Mayor Waldo Before I ask Mr. Mitchell to speak This was not the first time Mitchell knew about it. I'm sure he did at least I'm told that he did. I just think, ladies and gentlemen, that Mr. Blewett brought up a good point. This is the Bicentennial Year and our country was born again. We weren't happy with the way it was so we decided to change it. And that is what we are doing here tonight. We feel that the people have asked for a change, and they are going to get it regardless of what it cost Emmit Waldo or anybody else and I just hope I have the strength to carry forward spoke too low unintelligible). City Manager Mitchell Mr. Waldo, I do not operate on the basis of rumor. You nor any other member of this City Counsel have ever told me at any time until this afternoon at approximately 3:30 that my services would be terminated or that it was even thought of. I have already stated niy position earlier very respectfully that it is proper that I be given an opportunity to consult with my legal counsel. It is only proper that this be postponed, if not until April 7th, until a reasonable time between now and April 7th at which time you would unintelligible). It may not be a legal requirement but it is certainly equity and justice and a sense of fair play alone. Councilman Hamilton this be postponed. Mr. Mayor, I move that action on Mayor Waldo Wait a minute, we have a mot'ion on the floor. It has been moved and seconded that we terminate Mr. Mitchell. Now may we have a roll call. Roll call on motion TERMINATE ROBERT MITCHELL, CITY MANAGER) M/S: KITCHEL/AGUILAR.. A^6s: KITCHEL/AGUILAR/ WALDO. Noes: BLEWETT/HAMILTON. The motion carried. Mr. Mitchell Mr. Mayor, if I may be excused. Mayor Waldo I will ask the City Attorney what the next appropriate action would be. Acting City Attorney Ritchie We now have a vacancy for the position for City Manager. You should address yourself to the question of how you intend to fill that vacancy on a temporary or a permanent basis for the-balance of the agreement. TERMINATE ROBERT MITCHELL CITY MANAGER BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpeGCCWt Regular Meeting of the Baldwin Park City Council March 17, 1976 Page 20 Mayor Waldo I would hope that we could fill this vacancy on a temporary basis until we have had complete time to analyze the situation, and before I go into this I want to ask for an immediate financial audit. A financial audit immediately to audit this City's books and the finances that we have immediately. Further- more, I am asking for and I'm hoping that my colleagues concur, a management audit which is to be performed immediately. I don't necessarily want the same auditors that we have been using for the last few years. I want new and qualified people to come in and audit this City's books immediately and I will ask my colleagues for a motion to that effect. A financial audit and a manage- ment audit, as soon as possible, starting tomorrow. Do we need separate motions on that? Acting City Attorney Ritchie I would think that you would separate FINANCIAL AUDIT OF THE CITY'S BOOKS TO BE MADE IMMEDIATELY. M/S: KITCHELL/AGUILAR. Mayor Waldo It has been moved and seconded that we have an immediate financial audit to include the provision that it be an outside auditing firm. Councilman Blewett What's wrong with Harman & Company? Mayor Waldo Would you include that because H is rny feeling that we have had the same firm for many, many years and I feel that it would be very helpful and healthy to have an outside firm come in for this audit. I don't have anything against the old auditors; I just say that at this moment and time alone I want an outside peek into these books and these finances. Will you include that into your motion, please? Councilman Kitchel amended and restated his motion. FINANCIAL AUDIT OF THE CITY'S BOOKS TO BE INSTITUTED IMMEDIATELY BY AN INDEPENDENT OUTSIDE FIRM. Councilman Blewett Speak to the question. Do you want to speak to the question? Councilman Hamilton Maybe our City Clerk could tell us how long ago that we had a complete audit in the City. City Clerk Ba.lkus It hasn't been too long ago. It was when Mr, Mitchell came in and then again we had one with each Finance Director, and one just recently. Councilman Hamilton I don't object to an audit if there is anything wrong but I object and don't believe in spend- ing this.kind of woney when I feet that everything is above board. We have a Finance Director who hasn't been with us too long and everything seems to be running smoothly and all of the bills have been paid and always were approved by the Council and I am sure Councilmen viewed a bill before they were paid. I certainly did and I always had questions on all of t^em before I approved them but I got my questions answered through the departments, and anything going on in City Hall. Come to find out in fact on one occasion where we bought a bunch of eggs and I couldn't figure out what the City was doing buying eggs and it happened to be Easter and so that's where it was. So anyway, I did scrutinize it and I'm sure the others did, too, and I don't see any reason right now for immediate audit if we just got through having one. We Usually have one annually. This costs a considerable amount of money. Unless there is some reason that they feel FINANCIAL AUDIT OF CITY'S BOOKS TO BE MADE IMMEDIATELY FINANCIAL AUDIT TO BE MADE IMMEDIATELY BY OUTSIDE FIRM BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpe\ CCOGS88 Regular Meeting of the Baldwin Park City Council March 17, 1976 Page 21 that there is some inaccuracies or some money that is bein^ misappropriated or misspent. If this can be justified I win go along with it; otherwise I won't. Councilman Blewett Would any of you tike to address yourself to that question. Do you think there is something that Mayor Waldo Have you got something to say? Councilman Blewett I sure do. Councilman Hamilton He has a question. Mayor Waldo Then say it. Councilman Blewett I have a question. Would one of you like Do you think there is something wrong with the books? Mayor Waldo Let me say this. The sooner this audit takes place the happier I will be and I am not going to sit here and accuse anybody of anything. I just want that audit and I'll be able to steep a hell of a lot easier when that audit is here and it is before us. Disturbance in the audience about paying for it) I am paying for it, sir, and so are you, and you should be glad to pay for it. Councilman Blewett The foxes, ladies and gentlemen, are at the henhouse. They are going to take over control of the City Manager; they have taken over the City Attorney's office and now they are going to take over the finances. My gosh, we are in deep trouble. And he makes this broad inuendo that I will sleep better if the audit is made. Let me tell you something. Hannan & Company which has been the City auditors for practically every city around here a great portion of the cities around here) they are one of the most respected firms in the whole state of California. They have offices in Newport, Las Vegas and El Monte. They are a gigantic auditing company. I think they might even have done El Monte's books oh, they don't do El Monte's books well, they do several organizations around and they are just a huge, huge company. To indicate and incidentally, when you have a certified audit, which is what we are referring to, you are talking about a lot of dough. Because you are talking about a CPA going through and certifying that certain things are accurate and that's why the state law provides for them on a periodic basis in a General Law City. So I think they have spent money on Mr. Mitchell's contract they are going to get us into court here and get us into court there they might as well have an audit. But we are going to call in their auditors. And that worries me a whole lot, because I don't trust Mr. Waldo and his two puppets on the other side of the table. He pulls their string and they respond. And I'm tired of the Punch and Judy here tonight. Councilman Kitchel Mr. Blewett, you ought to be ashamed of yourself because as a businessman I should think that if you took over a new business that the first item on your agenda would be to do a complete financial audit. Now this isn't really any different than good business ethics. Mayor Waldo I will not tolerate any more. I win ask you to leave if I hear one more word. Officer we have got to have order in this room! Once more, tady, and I wilt ask you to leave Please. Councilman Kitchet Mr. Blewett is so afraid. Councilman Blewett I'm not afraid. BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpeCC06C89 Regular Meeting of the Baldwin Park City Council March 17, 1976 Page 22 Councilman Kitchel Oh, you said, my God, I'm shocked. You're shocked at what's happening. To me this is good business practice on a political level and doggone it, if I am going to sit on the City Council at least I want to find out what is happening and I want to have some new people some new insight so that I make up my own mind rather than reverting back to some distortions and possibly fabricated records. I'm not going to base my decisions on things of the past because I think it is high time we set this City in a new direction and you I would tike very much to see the officer remove that man back there. Thereis absolutely no discipline in this Council Chamber tonight and I think it is a laughingstock which only adds to the total disrespect which our City has in the Valley. There is absolutely no sophistication here at a11. And that's my answer to your charge. I think it is high time we take an audit. Let's get some new information so that we can better determine what needs to be done and let's do it now. Mayor Waldo Now, Mr. Blewett, please don't hog the say here. We would tike to hear from our other City Councilman. Councilman Blewett I'd like to hear from him, too. Councilman Aguilar Good, cause you are always saying that you are the most experienced one here in the Council. What the hell did you do the first 4 years that you were in the City Council?!' Councilman Blewett A lot of things. Councilman Aguilar That's why they recalled you? Councilman Blewett They didn't recall me. Councilman Aguilar They almost made it, didn't they to voice in audience You didn't but there are other people that did.) Now you are criticizing us because we want to do something for the people. To Blewett Don't laugh, sir.) Councilman Blewett Take their money. That's what you are doing. I'll tell you something.... Mayor Waldo Just a minute. I'd like to hear what Mr. Aguilar has to say. When he's done we might give it over to you again. Councilman Aguilar You haven't done a damn thing the last 4 years. Now all of a sudden you come here all high and mighty on a white horse and everything else. You think you are going to be the Saviour of the City that's what you think. Councilman Blewett What do you think you are trying to do? Councilman Aguilar I'm not being the Saviour of the City. I am going to help the City. The only thing that got your goat, Blewett, is that you weren't elected Mayor pro tern in the Bicentennial Year. That's the only thing that got your goat so don't give me that big old smile of yours. Councilman Blewett The only thing that get's my goat is Mayor Waldo Okay, let's stick to the matter before us. Councilman Blewett Number 1, our dear esteemed great business executive over there on the right, who listed himself as a business executive I'm sure we've had an audit in the last 6 or 8 months certified audit. BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpeRegular Meeting of the Baldwin Park City Council CCOG890 March 17, 1976 Page 23 Councilman Hamilton Yes, we have, I'm sure it is less than 6 months. Councilman Blewett Okay, bigger businesses than this have been taken over. A certified audit is a heck of a good audit. It is not like somebody coming in and they just take your figures and you know the figures that are provided by the Finance Director. These figures are searched out and they are proven. Okay, we are going to spend more money, and here is the point that bothers me. We have been spending a lot of money here tonight and we have a Mayor and a Mayor pro tern who on their statements aren't even property owners or property tax payers in the City of Baldwin Park. Councilman Kitchel That's a lie, Mr. Blewett. Councilman Blewett You didn't list it on your campaign papers. Councilman Kitchel I am a property tax payer, whether or not you believe that. Councilman Blewett Well, then you illegally filed your campaign statement, because you did not list ownership. Mayor Waldo Now these are just meaningless unintelligible due to audience uproar) Now, the reason I want this audit is to prove and each and every one of you out there, ladies and gentlemen, should want this audit and believe me, it is going to cost a little money to do it, but it is going to show us where we are at financially. What's happened to your money as well as mine. That's why I want this audit. So now we are down to the point where I'11 ca11 for the question. Councilman Hamilton Mr. Mayor, I would like to answer a question. Mayor Waldo Well, Mr. Hamilton Councilman Hamilton No, there has been a misstatement made here. The question was brought up by Mr. Kitchel. If you go buy a new business you ask for an audit. This business is still owned by the same owner. This business hasn't been sold and I want to bring that out, because we are not changing ownership of City Ha11. Therefore, it still belongs to the people. Now you have Mayor Waldo Now, you know what he means. He wants to protect the citizens of this city and in all good conscience you and Mr. Blewett should want to protect them as wen. Councilman Hamilton You have got a financial statement right here in your packet. I hope you have looked at it. That tells you how much money you have got in the City Hall and how much you've got in the bank. Mayor Waldo That's right. But I want to make damned sure that that's correct. Councilman Hamilton Well, if we had certified auditors audit our books and I have as much con fidAce in them as in any other auditors you could get I'm not'acquainted with any particular group of auditors but under state law their audit must be accurate and I assume these figures are accurate. I haven't been able to go down and check the bank accounts and the auditors won't do anything any different than look at this and go through all the figures BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpeCC066SS1 Regular Meeting of the Baldwin Park City Council March 17. 1976 Page 24 and it will cost us about $15,000 or $20,000, solseeno sense for an audit at this time. Not at this time at the proper time, yes. Mayor Waldo Well, there is a motion on the floor. Roll Call on the motion. FINANCIAL AUDIT OF THE CITY'S BOOKS TO BE INSTITUTED IMMEDIATELY BY AN INDEPENDENT OUTSIDE FIRM.) Ayes: KITCHEL/AGUILAR/ WALDO. Noes: BLEWETT/HAMILTON. The motion carried. Mayor Waldo And I might add that we are not talking about $20,000. I just love the way people are pulling figures off the top of their head tonight. Okay. now we are going to take bids and proposals from qualified people. I would assume that that is the way that the City has always worked and I want it to continue to work. Okay, now about the Management Audit. Councilman Blewett Before it is proposed, Mr. Mayor, I want to know who is going to do the Management Audit. Mayor Waldo We will do just like the last one, I assume. Just go out and find appropriate people. As far as I can remember, the City of Baldwin Park has never had one of these and I think that it is high time that we did. Councilman Kitchel Is a motion in order then? Mayor Waldo Yes. IMPLEMENT IMMEDIATE MANAGEMENT AUDIT BY AN INDEPENDENT OUTSIDE FIRM. M/S: KITCHEL/AGUILAR. Mayor Waldo It has been moved and seconded. Any discussion. There was no discussion. Mr. Waldo I think that a management audit speaks for itself. We are indeed going to get at the bottom of some of the things at City Hall. And now, Madame Clerk, I am calling for the question. Roll call on the motion. Ayes: KITCHEL/AGUILAR/BLEWETT/ HAMILTON/WALDO. The motion carried. 00- Mayor Waldo Gentlemen, it is up to us to decide who is going to be the Acting City Manager. The way I see it, we have 3 choices. We have a very fine man in Planning, Mr. Kilgour, and a very fine man in the Engineering Depart- ment, Mr. Lathrop, and we have a very fine man in our CRA Department, Mr. Sexton; I would like for you to take a minute and decide who you would like to propose as the Acting City Manager. Councilman Blewett I would like to make a motion that we PROPOSE MR. PHILIP KILGOUR FOR POSITION OF ACTING CITY MANAGER. M/S: BLEWETT/HAMILTON. Mayor Waldo It has been moved and seconded that we appoint Mr. Kilgour, if he will accept, to the position of Acting City Manager. Mr. Kilgour Mr, Mayor, were you asking if I would accept? Yesr I would accept. FINANCIAL AUDIT IMMEDIATELY BY OUTSIDE FIRM APPROVED MANAGEMENT AUDIT BY OUTSIDE FIRM MOTION CARRIED PROPOSE PHILIP KILGOUR FOR ACTING CITY MANAGER BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpeCCOG092! Regjular Meeting of the Baldwin Park City Council Roll call on the motion. Ayes: BLEWETT/HAMILTON. Noes: AGUILAR/KITCHEL/WALDO. The motion failed to carry- Councilman Blewett Mr. Mayor, I would like to NOMINATE JOHN LATHROP AS ACTING CITY MANAGER. M/S: BLEWETT/HAMILTON. Mayor Waldo Alright, it's been moved and seconded that we appoint Mr. Lathrop to the position of Act- ing City Manager, if he win accept, and at this time I win ask him. March 17, 1976 Page 25 MOTION DID NOT CARRY NOMINATE JOHN LATHROP AS ACTING CITY MANAGER Mr. Lathrop honor. Mr. Mayor, I respectfully decline the The motion did not carry. Councilman Kitchel Mr. Mayor. I would NOMINATE JAMES SEXTON AS ACTING CITY MANAGER. M/S: KITCHEL/ AGUILAR. Rol1 Call. Ayes: KITCHEL/AGUILAR/WALDO/HAMILTON* Noes: BLEWETT. The motion carried. * Councilman Hamilton Before I vote, I would like to qualify. We must have an acting City Manager and therefore we can't put this off and so I wilt vote aye. Mayor Waldo: Would you ask Mr. Sexton to step forward. Councilman Blewett Mr. Mayor, I have a comment. Mayor Waldo Wait a minute. We have got to find out if Mr. Sexton will accept this. Will you ask Mr. Sexton to step forward, please. Mr. Sexton, it has been moved and seconded that this Council and it has been voted on) for you to become Acting City Manager if you will accept the post. Mr. Lathrop did not. Mr. Sexton indicated he would accept) O.K., will you please be seated. Councilman Blewett Mr. Mayor, I have some comments. This is the third time I am going to read this but I am going to do it anyway. Sorry, but I want people to know that we have got a couple of liars sitting up here. Both Sexton and Waldo denied Blewett's contention about making Sexton City Manager. Sexton said he wasn't interested in the job although he had applied for it when Mifchell was named to the position. Both he and Waldo said they thought Mitchell was doing an excellent job. Punch and Judy. I also would like to point out something. Last Friday Mr. Waldo and I incidentally support the fact that he went to the conference of Mayors in Washington, D.C. to represent the City as one of many hundreds of thousands of Mayors across the nation to keep revenue sharing for our City but I would like to point out that they violated a Council mandate of this past year which said there would be no out-of-state travel for anybody without prior Council approval and there was no prior Council approval on Mr. Sexton making the trip. I don't know why he probably took him along to hold his hand but I don't know the reasons and I would like an explanation right now. Mayor Waldo Because the Council was polled by our then City Manager. MOTION DID NOT CARRY NOMINATE JAMES SEXTON AS ACTING CITY MANAGER JAMES SEXTON ACTING CITY MANAGER BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpeccsx^/ss Regular Meeting of the Baldwin Park City Council March 17. Page 26 Councilman Blewett That is not true because I asked him. Mayor Waldo Well. somebody made out the checks and bought the tickets. Councilman Blewett I know. You walked in there and told the Finance Department to buy them. Mayor Waldo No, I didn't. Councilman Blewett Like I said the foxes are at the henhouse. Mayor Waldo Well, Mr. Blewett, you've had your say now and we've set here very patiently. You're the one that has been screaming about everybody else that had something to come before the Council. I'd like to get on with it. 00" Mayor Waldo Okay, Madame Clerk, I think we are at the point now where the Oath should be administered. City Clerk Balkus Mr. Mayor, I believe Mr. Sexton took the Oath when he was hired. Mr. Sexton said he didn't). City Clerk Balkus I believe the Mayor is speaking of Public Hearingswhere the Oath is given on speaking on any subject. City Clerk Balkus administered the oath to those in the audience desiring to be heard during the meeting. 00- Mayor Waldo At this point in time, I would tike to say one thing. We have some young people in the audience that need their sleep and it is after 10 o'clock and we have some appointments to make. I would ask the Council for concurrence to go ahead and make these appointments before we get on into the rest of the Agenda. And I believe it takes a motion to do so. Councilman Hamilton Mr. Mayor, we just received this notice and the hour is getting late. We have public hearings. I respectfully ask that this be carried over to the next Council Meeting. Councilman Blewett And if it is put in the form of a motion, I would second it. Mayor Waldo Do you, Mr. Hamilton? Councilman Hamilton Yes, I put that in the form of a motion that we CARRY THIS APPOINTMENTS) OVER TO THE NEXT COUNCIL MEETING. M/S: HAMILTON/BLEWETT. Roll call. Ayes: HAMILTON/BLEWETT. Noes: AGUILAR/ KITCHEL/WALDO. The motion failed to carry. Mayor Waldo I will entertain a motion then to make these appointments before we proceed. Councilman Hamilton Mr. Mayor, you are asking for appointments. We just received these. I need time. Councilman Blewett This is terrible. CARRY APPOINTMENTS OVER TO NEXT COUNCIL MEETING. MOTION DID NOT CARRY BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCpeRegular Meeting of the Baldwin Park City Council COOQ094 March 17. 1976 Page 27 Mayor Waldo I am going to turn this over to the City Attorney and let him take it from here because I am totally unfamiliar with these procedures. Mr. Ritchie May advice to the Mayor was that apparently these are appointments to Commissions that some members of the Council desired to create of job opportunities. The Youth Activities Advisory Commission, the Senior Citizen Advisory Commission, The Housing Advisory Commission and the Redevelop- ment Agency Advisory Commission. It is my under- standing that those Commissions are not presently existing in your City Ordinance. The intent of these documents is 1) to create those Commissions and then 2) to appoint the members to them. That would require, if you are going to take that action this evening, the adoption.of these various Ordinances creating the Commissions, spelling out the terms and the duties of the Commissioners. They are all advisory in nature. To adopt such an Ordinance and amend the Code at this meeting would require 4 affirmative votes, it being an Urgency Ordinance. If you do not have that, then of course you would introduce the Ordinance and the second reading would be at the next meeting and adopted at that time if there are 3 votes and not 4 votes and the appointments could not take place until the Commissions are actually created by the adoption of the Ordinance. Mayor Waldo ordinance Okay, we are asking for an emergency Mr. Ritchie No, it is an Urgency Ordinance. Each of them was prepared as an Urgency Ordinance and the best thing to do would be to take one of them up, Mr. Mayor, if that is agreeable. Madame Clerk, do you have an Ordinance Number? City Clerk Balkus would be 721. Yes, the next Ordinance Number Mr. Ritchie read by title: ORDINANCE NO. 721. CREATING A SENIOR CITIZENS ADVISORY COMMISSION FOR THE CITY OF BALDWIN PARK URGENCY ORDINANCE) Mr. Ritchie It would be in order for the Council, by unanimous vote, to waive further reading of the Ordinance and proceed to vote on the Ordinance, if they desire. Mayor Waldo I'll entertain a motion on that. Councilman Kitchel So moved. FURTHER READING OF ORD. NO. 721 WAIVED) Councilman A^uilar seconded. Mayor Waldo Question. Mr. Ritchie This is to waive reading so if there is any objection then it would have to be read in full. If there is no objection you can proceed on. You can take a roll call vote if you wish. It is not required Roll call: ORD. NO. 721 READING WAIVED) Ayes: KITCHEL/AGUILAR/WALDO/HAMILTON/BLEWETT. Mr. Ritchie The next appropriate motion would be to adopt Ordinance No. 721 as an Urgency Ordinance. ADOPT ORDINANCE NO. 721 URGENCY ORDINANCE) M/S: AGUILAR/KITCHEL. ORD. NO. 721 CREATING SR. CITIZENS ADVISORY COMMISSION ORD. NO. 721 READING WAIVED BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ CpeCOOGC95 Regular Meeting of the Baldwin Park City Council March 17, 1976 Page 28 Mr. Ritchie That, Mr. Mayor, does require a roll call vote. And of course discussion may be permitted. Councilman Blewett On the face of it, some of these Commissions are probably not bad ideas but the first I heard of it as a matter of fact, the very first I heard of it was this afternoon at 2:00 and then only was I told about the Youth and the Senior Citizens. I wasn't even told about the Job Opportunities or the Housing Advisory or the Redevelopment Agency Advisory. I have been informed by one person that he does not want to serve and he is on here to be appointed anyway. Mayor Waldo That gentleman has been removed. Councilman Blewett He hasn't been removed from my copy. Mayor Waldo He has been removed, because I got the word but I hadn't had a chance to tell you about that. Councilman Blewett Okay, that's fine but I am going to cast a vote against it not because I am opposed to the concepts because some of the concepts aren't bad, but I am opposed to the fact that I think, as Council people, that both Mr. Hamilton and I are entitled to some consideration and some discussion and that has not been given us and maybe some of the other members of the Council don't believe that is proper but I do and for that reason I will have to cast my vote against it each one of them). Councilman Hamilton Mr. Mayor, these all may be good, but this'is the first time I have had an opportunity to look over these names and I fail to see the urgency of this, because your Advisory Committees may be very good to go through» but before I cast rny vote I would like to talk to some of the people. I would like to study a little bit more about these Commissions, what their functions would be; therefore, I cannot vote for any of these until I have a chance to study it and know what I am really voting on. I am not going to say that I am going to be against it when it comes up the time after I have made my study. Councilman Aguilar You see, this has always been the problem in the City. Anytime, you get a good idea, good or bad, they always postpone it. You, Mr. Blewett Councilman Blewett I was not advised of it Councilman Aguilar Wait a minute. You, Mr. Blewett, when I am through campaigning, I said I wanted a Youth Commission to help our gang problems. What did you say? Councilman Blewett Do you want me to repeat it? Councilman Aguilar Word for word. Councilman Blewett Would you like me to? Councilman Aguilar Right. Councilman Blewett I'll repeat it right now. I'm saying and I would advise this that Youth Commissions have not worked in other communities because the kids find out after while that you are just stroking them and they don't like them. That happens to be a truism and I doubt if you have done a study of any surround- ing cities that have Youth Commissions. BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ!Cpeuuuuttuo Regular Meeting of the Baldwin Park City Council March 17. 1976 Page 29 Councilman Aguilar I have done a study. I have talked to these kids. Just because they have failed in other cities doesn't mean it is going fail in this City. That is the same kind of negative attitude that has got this City the way it is right now. Years ago when you were on the City Council you didn't do a damn thing now you come in here like God Almighty. These kids want a chance and they are asking it. This is the first time the City Council has ever unintelligible) gangs. Councilman Blewett You asked, Mr. Aguilar, that the youth be given a chance. Okay, I'm asking you give Mr. Hamilton and I a chance to look this over. Aren't we entitled to a chance? Is two weeks going to km you? Councilman Aguilar Ask the boys out there? Can they wait two weeks? Councilman Blewett This is going to stop the Mayor Waldo Please, please, please. Mr. Kitchel. Councilman Kitchel I've said it throughout the campaign and I'll say it now that these are problems that are of serious importance to us and the sooner we can act on them the sooner I believe our City can start to solve these problems. And if it means taking action at the first City Council night of official business, then I am all for it. Councilman Hamilton Mr. Mayor Mayor Waldo Now just a minute, Mr. Hamilton. Let me say something. As you know, I've been away and I really haven't had the chance to get with you two. So that's the truth. These Commissions really are not complete. I would hope that you two gentlemen who feel that you have been left out will contribute to these and make recommendations. Furthermore, I'ask you today to write down your ideas as in the weeks and months to come there will be many, many more appointments. This is our way of bringing City Hall and City government to the people by getting them involved in working in an advisory capacity. This is the first time that this City has ever had this opportunity that the people in the community have ever had this opportunity to be commissioned by a City Council to give their input. And when I say their input I'm talking about your input. We have some very fine people that have said yes, they will serve, and I would hope that you two Councitmen would go along with us and appoint these people and then add to it. I don't want you to take away, like you have attempted to do tonight, for things that we have done. I want you to add to it and we can make a workable system in this community by getting this vital input. I believe that Mr. Aguilar put it very nicely with his campaign statements when he said If we have the strength of the working man and the wisdom of the senior citizen and the vitality of the youth all working for our community we can not go wrong." l That is what we are attempting to do tonight to give the citizens a chance to have input is vital. It is vital that they have a say in running their government. l And if we seem to have been a tittle hard tonight, remember this, we, too, have children and we, too, have loved ones that we care about, just as these fine fine gentlemen have that we have terminated this evening. I hold nothing against those men but I feel it is time for our citizens to rise up and start leading this community. And this is what we are starting to attempt this evening by giving the citizens a chance, finally, to make decisions and to come to us, as a City Council, with those decisions which BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ"Cpe060(689^ Regular Meeting of the Baldwin Park City Council March 17, 1976 Page 30 become recommendations to us. We then have a direct pipeline into the thinking of the citizens and that is what it is all about, whether or not Waldo is sitting on this Council means tuppance or Mr. Aguilar or Mr. Kitchel or Mr. Hamilton or Mr. Blewett. That's not important, but what is important is that we have a community that does something about its own future and that's what we are going to do tonight in appointing these things. It will be a shame if my two colleagues here can't see this and go along with it. All we are asking them to do is to give us a chance to get input from the community. And I would hope that they would take it further and make further recommendations to appointments to some of these same committees. It is just that I have been out of town and I have not had a chance to get with them on it for that I apologize but we are not going to stop the progress of marching forward for one second. This thing is going to go and it would be horrible in rny opinion if two Council men try to stop it. Terrible. And so now, Madame Clerk,- Councilman Hamilton Oh no, I have something to say. I asked for it. On this I'm not saying that I am opposed to it. Maybe it is good but I don't like to be hit with something as a surprise and never have a chance to go over it and evaluate, it and, then.be'^sk^d to vote on it. This isn't fair to a colleague on a Council. I know what you are creating but I want to go over it. I never vote and make a decision on something until I've had a chance to evaluate it until I've had a chance to study it out. If I think it is good, great I'll go for it. If I want to make some changes in it if I don't tike it I'll vote against it. But right now * I couldn't make an intelligent vote because I had never seen it. You just handed it out and you are asking us to vote on something that we haven't had a chance to study. Now you three probably have an advantage; you've had a chance. I'm not saying it isn't good. I may go for every- one you've got in here. But I can't vote on something that I haven't had a chance to evaluate and it's not fair to ask us to in the first place. Mayor Waldo Just a moment, please. Let's go over some of these things. Job Opportunity Advisory Commission. The only thing this does is allow some of the businessmen in this town along with citizens to try to encourage and teach people that are unemployed the correct method of filling out an application blank for an employer. Also, to advise that person on how to approach an employer and ask for a job verbally. This is all that is this is not that big a deal. All we are trying to do is to create something immediately to help our citizens. Alright, now let's go down to the next one. Youth Activity Advisory Commission. Who is on this? People from the community a minister a principal and a vice-principal from two highschools 3 members of the student body one from each school) and 3 members of youth-at-large. Oka^y. Now, what is the meaning of this. To get the young people and the adults of the community together and discuss problems of the youth. Very simple. To get the input of the community and try to do something for the youth. It is not a big deal. It is nothing really devious. If other Councilmen want to add to this, there is no problem that I can see at this moment. Okay, Senior Citizens Advisory Commission. What we want to do is to find out the problems of the senior citizens and how we can help them. That is a11 we want to do. That is all in the world we want to do. If they wish to add to this Commission, they are certainly free to make those proposals. Okay, Housing Advisory Commission. This can be very important because in the days ahead we hope to obtain grants as well as improve our local housing. It is important that we have community feedback on this. It is no big deal BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ#Cpe 0006S98 Regular Meeting of the Baldwin Park City Council March 17, 1976 Page 3^ nothing devious. The Redevelopment Agency Advisory Commission. Now what is that? That is citizens who get together and study the problem and come to us with their recommendations. It is merely a peek into the community,into the people that live in the community. If my esteemed colleagues object to this I can only assume that they object to some of the people that we have appointed that we want to appoint tonight. Not the fact that they can't add to them. Councilman Hamilton That is not true Councilman Waldo They must object then to the people that we have asked to serve. Councilman Hamilton That is not true. Mayor Waldo I don't understand what their objections are. If they would tike us to read the Ordinances describing what these things are to do we would be happy to do so. Interruption from audience) Councilman Blewett That may be an interesting question that the gentleman back there asked. Is that the case, as far as our Code is concerned do, in fact, these people have to appear before our Council before they are appointed I honestly don't know. Acting City Attorney Ritchie I don't believe I'm not aware of any segment of the Code that requires that. There is a subdivision of the Brown Act in respect to appointments that requires that these things be done in legal session and that is all that I am aware of but I will take a took at the Code. I think that the question before us at the moment would be the adoption of the Ordinance and not the question of the appointments that would of course come after the Ordinance is adopted. Councilman Blewett My objection, Mr. Mayor is two-fold. Admittedly these people have been asked to serve so 4n rough mathematics that figures up to 36 people that have been asked to serve on Commissions. I find it somewhat strange that somebody I am assuming you three Councilmen instead of calling and asking these people to serve I find it j somewhat strange that you just couldn't have spared a dime or expended a little effort to call your two colleagues and let us know about it. Because I found out about 1t today and like I said some of these I might go for although on the top of it, what you said about the Job Opportunity Advisory Committee sounds to me that If they teach you how to fill l out an application, it sounds very similar to something the Boy's Club has had for years. Teaching boys how to fill out applications and making them presentable for applying for a job. They spend some time with each boy Mayor Waldo I don't believe this is just boys. unintelligible) l man or woman. Councilman Blewett On the top of it, I think quite frankly that whatit'boils down to here and I might as we11 I've called everything else the way I saw it) call this I don't think some of these fine people that have agreed to serve and I know many of them they are good people it seems to me that what it is it is a grab to develop a political base. They know the onslaught that might come from their actions tonight. I think this is just another part of what has happened tonight. They are trying to develop a political base so that they won't get wiped out and I don't think knowing most of these people to be the good people that they are I don't think BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ$CpeCC06699 Regular Meeting of the Baldwin Park City Council March 17. 1976 Page 32 they are going to be fooled. I don't think it fools anybody here. I would like to have an opportunity to look these over and maybe talk to some of these people because you really haven't given each one of these Commissions a direction. You haven't talked about funding. You haven't talked about there are so many questions that are unanswered and I think that we have an obligation to move and make progress but we also have an obligation to do things right and I don't think what we are doing here is that kosher. Mayor Waldo Well, Mr. Blewett, I am sorry to hear you say that. It is carrying things too far on a political basis. I am asking you people to help us appoint this tonight so that we can get started and get these people going. We will talk. This Council wi11 address itself to the matter of organization and to funding and to providing staffing because they have got to be meaningful. They must work in order to develop and all we are asking tonight is for you to go along with us. If you do not, I am very sorry. Councilman Hamilton Mr. Mayor, you've been on this Council for two years and you know in the past you have never had a committee or commission appointed unless all Council had a chance to vote on that and most of the Council were asked to bring up We were going to appoint 15. They were asked to bring 3 people submit 3 names. They turned in their names. We voted on one. We were supposed to add two this evening, and that is on the Community Housing. We all voted on that. It has always been my experience on Council. I was never hit and you never were either with a thing like this when we have no chance to know anything about it. You hand it to us and ask us to act on it. And this has never been done before as far as I know. I don't say it isn't good. Maybe' it is good but I at least before I vote on something I have got to know more about it than it be handed to me and ask me to vote on it. You are asking us to vote on something Mayor Waldo It's there. You can read it. Councilman Hamilton Yeah, right now. I've read part of it and it looks good so far. It looks very good. I'm not criticizing that. I'm criticizing asking us to act on it tonight and I see no urgency so I am request- ing that this be held over until the next council meeting and I think you wi11 probably get a 5-0 vote. Mr. Ritchie You had a motion to waive further reading and then you had a motion to adopt this Urgency Ordinance. It would be in order to take the vote on that. That's the next step. Councilman Hamilton But has the motion been made that we adopt the Urgency Ordinance. Mr, Ritchie I believe there was such a motion. Councilman Hamilton Oh, ther6 was? Okay. City Clerk Batkus This is to adopt Ordinance No. 721 Urgency Ordinance. Roll call. Ayes: AGUILAR/KITCHEL/WALDO. Noes: BLEWETT/ HAMILTON. BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ%Cpe0006^^ Regular Meeting of the Baldwin Park City Council March 17. 1976 Page 33 Mr. Ritchie Mr. Mayor, the vote being 3-2, and 4 votes being required to adopt an Urgency Ordinance, the Urgency Ordinance is not adopted. Now I don't know your procedure. The law-it would be satis- factory on the motion to waive further reading to then have introduced the Ordinance so that it would come back before you for second reading at your next meeting. Now some Councils have a different procedure and maybe your Clerk can elaborate on how you can handle this to proceed with it now as a regular Ordinance adoption. Mrs. Balkus Mr. Mayor, the procedure would be to vote to introduce the Ordinance at this meeting and at the next meeting we would adopt it, but not as an Urgency Ordinance. Mr. Ritchie Is it your practice that the motion to waive further reading constitute the Introduction or do you want another motion. ORDINANCE NO. 721 URGENCY) NOT ADOPTED Mrs. Balkus You need two motions. and dne to Introduce. One to Waive Mr. Ritchie Then the motion to Introduce would only require 3 votes. ORDINANCE NO. 721 INTRODUCED. M/S/C: BLEWETT/ HAMILTON. Roll call. Ayes: BLEWETT/HAMILTON/ AGUILAR/KITCHEL/WALDO. The motion carried. Mayor Waldo My God, we finally got a 5-0 vote. Unintelligible) Mr. Ritchie I think the Mayor's question was when would the Ordinance be effective and I assume if it came up for Second Reading and adoption at your next regular meeting on April 7 it would be 30 days thereafter. Mayor'Waldo Would you get me a date so we can tell the people. Mrs. Balkus We will have Second Reading on April 7 and therefore May 7 the Ordinance would be effective. Mayor Waldo So May 7 we can appoint, is that correct? Mrs. Balkus May 6 off one day there. Mayor Waldo May 6. Well, to the people that came out here tonight that wa have asked to serve on these things my apologies. It seems that we cannot go through with this until May 6. I would invite all you wonderful people to come back that evening arid at that time hopefully we will be able to appoint these commissions. My heartfelt apologies are to you good folks and I'm sorry. It just sets us back another two months in what we can do and what we had hoped to do. I really apologize for that to everybody that came down. This is still not open. Nobody can speak. I would invite everyone of you to come back on May 6. I'm sorry, nobody is allowed to speak at this time. Mrs. Balkus Excuse me, Mr. Mayor, your next regular Council Meeting would be May 5 but your Ordinance would not take^effect so you might possibly appoint at that time, but it wouldn't be effective until the 6th. ORDINANCE NO. 721 INTRODUCED. BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ&CpeRegular'Meeting of the Baldwin Park City Council March 17, 1976 Page 34 Mr. Ritchie I think you c.r^ quite right. You could adopt the Resolution some time after you have adopted this Ordinance with the effective date of the appoint- ment to be the effective date of the Ordinance. The appointment won't be effective until the Ordinance takes effect. Mayor Waldo Okay, very well. So now we have more Ordinances. Mr. Ritchie Would you like me to proceed with the reading of the titles of these others? Mayor Waldo Let me poll the Council. Do you want us to go through each one or are you telling me that you want to wait on all of them? Councilman Hamilton It was all of them Is n^y understanding, because I would like to go over them. Now if we had have postponed it and carried it over until the next meeting we could have done the whole thing at that time as an Urgency Ordinance. Mayor Waldo The way things are going I think we had better get it on the books. Councilman Hamilton That's all right. I don't object to this but I object to voting on something as I've already stated so I won't reiterate on that. But if the whole thing had been handled properly there wouldn*t have been this delay and you wouldn't have had to apologize to these people. Mayor Waldo You have given your opinion, sir. Councilman Hamilton Okay. Mr. Ritchie I still have to advise you that if you want to take any further action on these other Ordinances you would presumably have to introduce them at the meeting tonight. The only other choice you would have is to follow Councilman Hamilton's suggestion which is to take no action tonight but to consider them as Urgency Ordinances at the next meeting. But if you didn't get 4 votes you would be back where you are tonight. Mayor Waldo It is my opin-ion that we go ah6ad and work on these Ordinances just like they are, because the way things are going, it doesn't look like we are going to be together and work together so I would just as soon have it if I can have a motion. Mr. Ritchie Well. let me read the title. ORDINANCE NO. 722, CREATING A YOUTH ACTIVITY ADVISORY COMMISSION FOR THE CITY OF BALDWIN PARK Mr. Ritchie In view of not having 4 votes, the action would presumably be to waive further reading and then to move to introduce Ordinance No. 722. ORD. NO. 722 CREATING A YOUTH ACTIVITY ADVISORY COMMITTEE WAIVE FURTHER READING OF ORDINANCE NO. 722. M/SC: ORD. NO. 722 WAIVE AGUILAR/BLEWETT. There were no objections. The FURTHER READING motion carried. 00- BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ'CpeCC06901 Regular Meeting of the Baldwin Park City Council ORDINANCE NO. 722 INTRODUCED. M/S/C: BLEWETT/ HAMILTON. There were no objections. The motion carried. 00- Acting City Attorney Ritchie read by title: ORDINANCE NO. 723, CREATING A JOB OPPORTUNITIES ADVISORY COMMISSION FOR THE CITY OF BALDWIN PARK WAIVE FURTHER READING OF ORDINANCE NO. 723. M/S/C: BLEWETT/HAMILTON. There were no objections. The motion carried. 00- ORDINANCE NO. 723 INTRODUCED. M/S/C: BLEWETT/HAMILTON. There were no objections. The motion carried. 00- Acting City Attorney Ritchie read by title: ORDINANCE NO. 724, CREATING A HOUSING ADVISORY COMMISSION FOR THE CITY OF BALDWIN PARK WAIVE FURTHER READING OF ORDINANCE NO. 724. M/S/C: BLEWETT/AGUILAR. There were no objections. The motion carried. 00- ORDINANCE NO. 724 INTRODUCED. M/S/C: BLEWETT/AGUILAR. There were no objections. The motion carried. 00- Acting City Attorney Ritchie read by title: ORDINANCE NO. 725, CREATING A COMMUNITY REDEVELOP- MENT ADVISORY COMMISSION FOR THE CITY OF BALDWIN PARK WAIVE FURTHER READING OF ORDINANCE NO. 725. M/S/C: BLEWETT/HAMILTON. There were no objections. 00- ORDINANCE NO. 725 INTRODUCED. M/S/C: BLEWETT/HAMILTON. There were no objections. The motion carried. 00- Acting City Attorney Ritchie announced that it was the time and place fixed to open the public hearing on Z-390, an^application for a zone change on Maine Avenue from C-1 and/or C-2 to R-1 and for the public to testify for or against the proposed zone change. He said if there were any staff reports it would be appropriate to hear them first. Mayor Waldo I would like to poll the Council to see if they would like to hold the balance of this agenda ove^ and I know that some of us on here are new and possibly you might like to investigate these things more thoroughly and I would be willing to go along with such a motion if you would like to do it. March 17, 1976 Page 35 ORDINANCE NO. 722 INTRODUCED ORD. NO. 723 CREATING A JOB OPPORTUNITIES ADVISORY COMMISSION ORD. NO. 723 WAIVE FURTHER READING ORDINANCE NO. 723 INTRODUCED ORD. NO. 724 CREATING A HOUSING ADVISORY COMMISSION ORD. NO. 724 WAIVE FURTHER READING ORDINANCE NO. 724 INTRODUCED ORD. NO. 725 CREATING A COMMUNITY REDEVELOP- MENT ADVISORY COMMISSION ORD. NO. 725 WAIVE FURTHER READING ORDINANCE NO. 725 INTRODUCED BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ(CpeCC06902 Regular Meeting of the Baldwin Park City Council March 17. 1976 Page 36 Councilman Hamilton Mr. Mayor, I think we should go through these. The ones that the new Council are not familiar with and would like more time then hold that item over but the things that need to be acted upon tonight if they feel that they are ready to act on it I feel they should have that opportunity. Councilman Blewett Mr, Mayor, I know what you guys have been doing the last few days, but I think the poor people that have come out to talk on these various agenda items, especially public hearings, and they have had to sit through it hasn't been a very stirring performance I think they at least deserve to have their day. I think it should be their choice and not our choice. Councilman Kitchel and Councilman Aguilar said they would go along with Councilman Blewett's suggestion. It was the time and place fixed for a public hearing on Z-390, an application for a zone change on Maine Avenue from C-1 Neighborhood Commercial) and/or C-2 Heavy Commercial) to R-1 Single Family Resi- dential) or R-2 Light Multiple Residential) or R-3 Heavy Multiple Residential) on the following properties: 4709, 4705, 4703-1/2, 4701. 4681-1/2, 4679-1/2, 4675, 4669, 4663, 4659. 4655. 4649. 4643. and 4637 Maine Avenue Area A); 14318. 14328, 14332, 14338 and 14342 Ohio Avenue Area B); 14402. 14403. 14408, 14409. 14412. 14415 Haltwood Drive Area C). and 4620, 4626, and 4630 Maine Avenue Area D). Initiated By: Planning Commission. Continued from January 7, 1976 and February 18, 1976) Publications, mailings and postings had been accomplished There were no written protests. Director of Planning Kitgour read his staff report and distributed photos of the properties in areas A, B, C and D for the perusal of the Council. PUBLIC HEARING Z-390 APPLICATION FOR ZONE CHANGE FROM C-1 AND/ OR C-2 TO RESIDENTIAL R-1. R-2 OR R-3 PROPERTIES ON MAINE AVE., OHIO & HALLWOOD STREETS PUBLICATIONS. MAILINGS, AND POSTINGS NO WRITTEN PROTESTS BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ)CpeC006903 Regular Meeting of the Baldwin Park City Council Mr. Sidney Kading, 3113 Nevada, El Monte, and owner of the Baldwin Park Health Care Center and the three homes adjoining the Hospital, said that at the time he purchased the properties he planned eventually to build some kind of apartment housing to complement the Convalescent Hospital. At present he said he 1s negotiating with builders to sell the Home and the property at 14338 Ohio Street. Mr. Kading said if it were rezoned to R-1 he would close the escrow with the proposed buyer but if the buyer could not conclude his part of the deal then Mr. Kading would like the three lots left as C-2 zoning so that he could build there. He requested that the zoning be resolved, Mr. Tom Kotwick, 3706 N. Puente Avenue, stated that he felt the zoning should remain the same on Maine Avenue from town to Arrow Highway, as taxpayers have paid taxes on coinnercially zoned lots and should not have these lots changed to a lesser zone. He clarified that he was agreeable to an owner request- ing a change on his own property but did not feel that the Planning Commission should have the prerogative to chanfla C-1 zoning to a lesser zoning. Mr. Jerry Powelt, Vice President of South State Investment Corporation and representing Alice Couch who is a member of the Corporation and his property at 4532 North Maine Avenue, said that his testimony is that while there is a surplus of commercially zoned land in Baldwin Park he has seen no demonstration of need to rezone and feels there is conform- ance to the General Plan to a limited extent. He feels that a place should be reserved for the small businessman and that it can be done in a residential zone or in multi- residential development areas providing there would not be some of the prohibitions of the Code. He opposed the pro- vision in the Code that prohibits converting a residential building in a commercial zone while it is nonconforming in that zone to a conforming use. He stated that in his opinion the Zoning Code is so exclusionary that it inhibits the ability to implement the General Plan. Tom Carpenter, 4346 Jerry, spoke in opposition to Z-390, and stated that everything should be left as it is and variances issued when requested, as the people appeal these zone changes everytime. Mr. Joseph Battaglia, 9832 East Rush Street, El Monte, spoke specifically in regard to 14338 Ohio in Area B, saying that he plans to purchase the property and is presenting a request to the Planning Commission to have the property brought into conformance to the General Plan, i.e., R-1. He said he would like to see it rezoned. As there was no further testimony in favor of or in opposition to Z-390, Mayor Waldo declared the public hearing closed. Councilman Hamilton felt that split zoning should be corrected and suggested wt&riing these properties to C-1 and leaving the others as they are, excluding the church properties. Councilman Blewett favored that C-1 zoning be carried over onto the rear lot portions in Area A and that Area B properties should be rezoned from C-2 to R-1 with no change in Area C or D Councilman Aguilar felt that the zoning should be left as it is since the people are happy that way, but the split lots should be corrected. Councilman Kitchel stated that he thought there was potential in that area for development with the proper zone changes and that he concurred with the Planning Commission's recommendation March 17, 1976 Page 37 SID KADING RE AREA B PROPERTY TOM KOLWICK OPPOSED TO REZONING C-1 TO LESSER ZONE JERRY POWELL IN OPPOSITION TO CODE PRO- HIBITING CON- VERTING RES. BLDGS IN A COMMERCIAL ZONE TOM CARPENTER IN OPPOSITION TO Z-390 JOSEPH BATTAGLIA IN FAVOR OF Z-390 P. H. CLOSED COUNCIL DISCUSSION BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ*CpeOCCG904 Regular Meeting of the Baldwin Park City Council March 17, 1976 Page 38 Mayor Waldo suggested holding Z-390 over because of its magnitude and because he would like to research it more before he cast his vote. He stated that he had been unable to study it more due to being out of town. Councilman Blewett apologized to the property owners because of the Council not being prepared, but felt that Mayor Waldo had every right to take the time to study it over. He was concerned with whether a decision in Area B was pressing to the principals. Director of Planning Kingour stated there was no press on Area B as the one area is also covered in the applicant's request before the Planning Commission the next week and is covered under two zone changes with a deliberate overlap. CONTINUE PUBLIC HEARING ON Z-390 TO 7 APRIL, 1976. M/S/C: HAMILTON/BLEWETT. There were no objections. The motion carried. 00- It was the time and place fixed for a public hearing on ZV-309 an Appeal to the decision of the Planning Commission on an application for a Variance to develop parcels of land with less side yard, lot frontage, and minimum lot size as required in Section 9552 et seq. of the Baldwin Park Zoning Code on property located at 14722 Olive Street, Baldwin Park. Applicant: C. Les Perance. Publications, mailings and postings had been accomplished. There were no written protests. CONT. P. H. TO 4/7/76 P.H. ZV-309 APPEAL TO P.C. DECISION ON APPLIC. FOR VARIANCE TO DEV. PARCELS OF LAND WITH LESS SIDE YARD, LOT FRONT- AGE, & MINIMUM LOT SIZE AS REQD BY CODE. APPLIC LES PERANCE PUBLICATIONS, MAILINGS & POSTINGS NO WRITTEN PROTESTS Director of Planning Kitgour read his report on ZV-309 and referred to the enclosed attachments. The Planning Commission decision to deny the application had been unanimous and Mr. Kilgour listed the three alternatives to the action which the Council may follow. Les Perance, 2563 Chadford, Glendora, applicant, stated that his attorney feels there is nothing illegal about their reauest for a variance and that the matter has been unresolved for 6 months. He referred to the Pnelan Avenue project and said that Item 1 would be bad planning and that in his opinion Item 4 was the best street plan for Phetan Avenue. He stated that his request was not to delete the street but to develop the property and the portion of the street that he owns in agreement with the General Plan. He said one of the requirements to get the variance was to have something unusual about the property and that his property was nearly landlocked with only access being a*50* frontage. The property is rectangularly shaped and can not be developed with conforming lots; therefore the variance request. He referred to the density factor, saying that his proposed 20 2-bedroom houses would give a density factor of about 40 people in the area where if 12 or 14 4-bedroom houses were there there could be a density factor of 60. He said there was no lot smaller than 4,000 sq. ft. He explained the proposed lot lines and stated that he thought his project represented good planning and that the Council should give him some consideration. LES PERANCE APPLICANT ZV-309 BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ+CpeRegular Meeting of the Baldwin Park City Council Tom Carpenter, 4346 Jerry, stated he is in opposition to approving 40' lots when the Code calls for 60* and to zero lot tines when they can be made to conform to the Code. Director of Planning Kilgour distributed a copy of Mr. Perance's original map that he submitted with his application for the the review of the Council members. He said the map shows the lots as 40' x 87' and that if the minimum lot of 6,000 sq. ft. were divided into the total square footage of this lot it would amount to 13 lots of 6,000 sq. ft. which would be the maximum density expected on the General Plan, and that any greater density would require lots that are smaller than that proposed by the Zoning Ordinance or the General Plan. Mr. Perance clarified that in this type of development the property is owned to the center of the private street, increasing the size of the property by 12 1/2 ft. As there was no further testimony in favor of or in opposition to ZV-309. Mayor Waldo declared the public hearing closed. Council discussion followed with Councilman Kitchel saying that he had not had an opportunity to investigate the matter. Councilmen Hamilton, Aguilar and Blewett concurred that new homes are needed in'Baldwin Park but not at the sacrifice of lots that are too small. Councilman Blewett said that in his experience private streets cause incredible problems and that he did not think the project was in the best interests of Baldwin Park. Mayor aldo said that he had not had time to research the matter and siJggested carrying it over to the next Council Meeting. CONCUR WITH PLANNING COMMISSION'S RECOMMENDATION AND DENY THE APPEAL. M/S/C: HAMILTON/BLEWETT. Roll Call. Ayes: HAMILTON/BLEWETT/AGUILAR. Abstained: KITCHEL/MALDO. 0006905 March 17, 1976 Page 39 TOM CARPENTER IN OPPOSITION TO ZV-309 PUB. HEARING CLOSED COUNCIL DISCUSSION CONCUR WITH PLANNING COMMIS" ION'S RECOM. & E)ENY THE APPEAL ZV-309 00- Alfred Wittig Mr. Mayor and Members of the Council I came to this meeting on March 17; I didn't expect to speak on Marcl^ 18, but so it may be. I came before you M^yor'Waldo Would you please give your address. I have heard you say that to people many times. Alfred Wittig I am before you as a jnember of the Planning Commission, but not as a spokesman for the Commission as a whole. I wish to address myself to some problems and I want to point out that I had quite a reservation after listening to the matters that have been on tonight as to whether I should even come before this body, because I don't think that the time is exactly right for my presentation but I will make an attempt anyway. I wish to address myself to some problems and hopefully offer some solutions for your consideration. Since there are some new faces before me tonight, it might be wise to pleafully touch on the Planning Comnission's job and functions and that is how I see it. I consider the Commission to be the arbitrator between the Planning Staff and the City Council and between the Planning Staff and the citizens of our community, and an Advisory Board to you, the City Council, +n land use matter? that is, of course. Because of limited functions delegated to us by State Law and Ordinance, we can take the sting out of political decisions, but you are the body that must have the courage and conviction to provide the answers and face the consequences. And I want to later get to the matter of a previous individual ALFRED WITTIG BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ,CpeOCOG906 Regular Meeting of the Baldwin Park City Council- March 17. 1976 Page 40 testified as to what was said in regard to political positions they have to do with economics not with political motive. For the Commission to arrive at a decision it must have a number of ingredients it must first have a Staff Report which provides the background information, the legal aspects, reports on compatibility, future effects and in most instances a Staff Recommendation. Beyond the necessary work to make the Commission function the Commission has no authority over the planning Staff; I am sure you are aware of that. Second is the public testimony. The citizens testify for or against the matter on hand or for and against Staff recommendations presenting a sound argument which provides a strong input into the decision making process. I, for one, however, find it very difficult to be influenced by the habitual testifier whose testimony is mostly inconsistent, irrelevant, unfactual and who bases the length of his testimony on the number of people in the audience, and I guess I don't have to explain that any further. And third, the Commission itself. The Commissioner should have knowledge of his community, its land use history and of course.it should have a big dose of common sense. And you add—ions among the Commissioners and you have a recommendation. It Is also important to remind you that we are not authorized to concern ourselves with economics. For example, the value of property before or after a decision or cost to the City or cost by a decision or in other words, economics as applied to an individual case. The Planning process and its consequences on the community; this, however, becomes another matter. The reversal of Planning Commission recommendations based on economical and thereby political reasons are not for me to argue with. Reversals based on philosophical reasoning are, however, a sign that we ave not tuned in on the same goals and need to do something about that. Attached to almost all recommendations are conditions. They are well thought out sometimes compromised to fit the situations and circumstances. Some are small and some are real whoppers. Yet they are necessary for the protection of other's rights, and that is where the real crux of the matter lies. How can I, as a Commissioner, cast my vote in good conscience for the imposing of conditions when in fact the very situations that those conditions we want to eliminate are in existence throughout the City. That is not equal treatment under the law. Drive through some of our neighborhoods and the clear signs of deterioration can not escape you, I am sure of that. The. violations of the Health & Safety Codes the disregard for the rights of others and the neglected property Infringes upon ny rights because it diminishes the value of my life savings which is my own. It also dilutes the en- vironment in which I wish to live while the main contributors have I am not prepared to state if the so called redlining" exists, but common sense tells me that no institution is willing to place a value on a declining neighborhood today and Invest money on the future. We must do something now and I would like to consider the following. Let*s first of all search for answers to give. To do this, which we haven't done in the past or not often enough, I would like to see at least two joint meetings between the City Council and the Planning Commission, and I mean these work sessions and discussion meetings where we can let it all hang out. That's Important. I'm sure that we have a number of Items that we would like to bring up at those meetings one of which BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ-CpeOQQQW Regular Meeting of the Baldwin Park City Council March 17, 1976 Page 41 would be let's search out the matter of Occupancy Permits. Maybe they would be a good tool for our community, particularly with absentee owners. And finally, I ask you, the City Council, to give the matter of equal treatment under the law your consideration and your budget planning. The neglected environment has proven to be a lot more expensive in money and human lives than a shot of protective medicine and I think this last item would require a discussion meeting between the Council and the Planning Commission to delve further into the plans for that. And that, unless there are some questions, is my presentation to the City Council at this time. Mayor Waldo Mr. Wittiga I think that is a wonderful idea having joint meetings. I was going to bring that up at the next Council Meeting but I would like to see a quarterly joint meeting with the Planning Commission. Councilman Hamilton I think that Mr. Wittig's suggestion was timely. I read the minutes very carefully and I think today we have one of the best Planning Commissions this City has ever had. I think as far as Council is concerned, and I have never interfered with their decisions I never criticize their decisions although I have voted to reverse some of their decisions but that is a free body. They should have a free hand and make their own decisions and they should not be inter- fered with by any Council Member at any time. They are a complete body of their own and the last 3 years I have been very pleased with our Planning Commission and I certainly have no criticizm. Me are very fortunate in Baldwin Park to have this caliber of men doing their work and giving of their time without any pay. I think that we at least owe them all at least a word of thanks for what they have given the citizens of Baldwin Park. That's all. Councilman Blewett The quality of the Planning Commission of the last 4 to 6 years that I have seen it has greatly improved and I think it would be very advisable for us to get together on occasion and talk with the Planning Commission and find out what they are thinking. Councilman Aguilar I agree with Mr, Blewett. The Planning Commission and the City Council should get together and not just quarterly maybe every other month. Councilman Kitchel I think with the suggestions such as Mr. Wittig made we can't have anything but positive results because it is a means of bettering the communication and reaching better understandings between the Commission and the City Council. For that reason I am totally in support of the concept. Councilman Waldo I, too. I really want to take the opportunity to thank-them because I know how hard the job is to get it done. They do get paid a tittle bit, but the only reason they get paid a little bit is so that we can extend them the courtesy of providing some insurance for them I think it is $10 a month. Unintelligible Mr. Wittig was thanked for his comments) COUNCIL INSTRUCTED ACTING CITY MANAGER SEXTON TO SET UP A JOINT MEETING FOR CITY COUNCIL AND THE PLANNING COMMISSION 00" Mayor Waldo said he forgot to ask the citizens tonight to try to keep their comments to 10 minutes. He said that had been the policy in the past but tonight they had sort of gone over some of the policies of the past so tonight they might speak as long as they liked but to try to keep it limited. 00- A.C.M. SET JOINT COUNCIL & P.C. MEETING BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ.CpeCC06908 Regular Meeting of the Baldwin Park City Council March 17, 1976 Page 42 City Clerk Balkus said representative members of the Board of the Police Employees Association and the City Employees Association were present to introduce themselves. Richard Hoskin, member of the Police Employees Association At this time I'd like to introduce to you the Executive Board members of the Association. Our Secretary, Diane Ragan, our Treasurer, Carmen Lanza, our Vice President who is not with us tonight. Alien Kelty and our President, Lyman Baker. Lyman Baker Thank you. On behalf of the Police Association, I would like to welcome the new City Council. After tonight it looks like you have a job ahead of you. You have a job ahead of you as far as we are concerned. We are in the middle of negotiations continuing on from 1975 by written agreement with the City Council. I am sure that with the removal of various people throughout the City and with the appointment of a new Acting City Manager that we will be in touch with you shortly to continue on with the negotiations. Thirdly and lastly, what is happening tonight is shocking me. I found out about 6 o'clock tonight with a telephone call from a business man in town. I heard a lot tonight and have also heard a lot of rumors. There was turmoil alluded to by Mr. Hamilton problems in some department. Yeah, there are problems in every department. You are going to have that with a lot of people. If that remark was directed at the Police Department I can't be sure of that), I'd tike to say this. We have the Chief of Police. He has our wholehearted support of the Police Association. We have an attorney he has been on a retainer for the last year. If-the Chief so desires at some future time to draw upon that attorney or needs any monetai^'assistance from the Association, he will have it. So thank you, gentlemen, very much Bob Rudgroden Mayor and Members of the City Council. I am President of the Miscellaneous City Employees Association and represent approximately 75 employees. We are here to welcome you aboard and would like to make an introduction tonight of our elected officials in the Association, tyself as President of the Association and one other member. We have four elected officials; however, we just have one other with us tonight and that is Valeric Jewett, our Treasurer of the Association. Councilman Blewett said he would like to apologize to both the members of the Miscellaneous Employees and the Police Employees for the late hour and the fact that they couldn't be on the agenda sooner. He asked that they please not hit the Council for any overtime. He said they deserved it, though. 00- Michael Dargus, 13260 East Franclsquito I asked for a report on sales tax two months ago and am still waiting. The report has been laying there in a drawer for 2 months and noboc(y seems to take time to look at it or get the lawyers after it. Is there going to be any action taken or are you just going to change from one place to another for another 2 years? Mayor Waldo Mr. Dargus, speaking for myself, you had better believe there is going to be some action. Mr. Dargus One comment I'd like to make. Two years ago,when you People for Progress and you especially, Mr. Waldo, were working for the passage of CRA; now you brought disgrace and shame to the senior citizens of this City and to the City when you posed and paid an elderly woman picking garbage at the Colonel's Chicken House over here. But tonight really put the icing on the cake. Your actions tonight put the City back 10 years. We were just beginning to live down that garbage picker and now you come up with something like this. Thank you. POLICE ASSOCIATION REPRESENTATIVES MISC. CITY EMPLOYEES ASSOCIATION MIKE DARGUS RE SALES TAX BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ/Cpe0006909 Regular Meeting of the Baldwin Park City Council torch 1^ W6 Page Leo King Members of the Council. I'm sorry I can't call you Mayor it wouldn't be dignified. My remarks aren't addressedrto Mr. Blewett or Mr. Hamilton. They are addressed to Mr. Kitchel, Mr. Aguitar, Mr. Waldo and your esteemed City Manager. Yes sir^ you are the City Manager by default. You know it's amazing. You say I have two minutes. Approximately two hours ago a cake was brought in. It said Congratulations, Mr. Sexton." No, it said Jim." Waldo If it is, it is a cake I don't know about. We had a gathering planned for the Commission-a party. King Well, anyhow, Jim knew of his appointment this evening. It was preconceived to flaunt your authority over these people and belittle and degrade them in the manner in which you did this evening. I think it was a pretty deplorable act. You asked each of them if they would be City Manager, knowing a11 the time they wouldn't be picked for City Manager. I knew and you knew for some time that it would be Mr. Sexton. I knew and you knew for some time that this action was going to be forthcoming tonight, as it was, if your people got Into Office. I haven't the words because I was told not to hate. This evening I have a lot of hate because we have done a lot of good In this City and the City was progressing quite well. I haven't heard one comment here this evening from either of you, I'll call you gentlemen, with respect to your firing of these people here tonight. The only words you have taken is the word of Mr. Waldo. You haven't analyzed the situation for yourself for the simple reason you haven't been before him to discuss any situation with him. You had the audacity to do that to a man who has only been here 11 months. I'm talking about Mr. Mitchell. Only 11 months and he has been through a considerable amount of turmoil. No, you didn't even have the audacity to discuss it with him. Now, you wi11 have the last remark when I leave and possibly you will have a lot of rebuttal that wilt have some untruth, so to speak, to what I have to say. But your remarks, too, Mr. Aguilar, with respect to Mr. Hate. Hey,"he didn't do good. I come 1n here. He didn't like what I had to say." That's a he11 of an attitude for a Councilman to take in firing a man that has served this City so well. Damn, let me te11 you that had I known just how you felt and you, Mr. Aguilar, who are so egotistical and you haven't the mentality to set there and make judgement for yourself. I wrote a little note your ability to lead this City forward is impaired by your Inability to think" and that goes for the three of you. Now let's get to Mr. Sexton who is now our City Manager. Now let me te11 y6u this. I totd Mr. Sexton 3 months, 4 months, or 6 months ago that if I had the necessary votes if I had 3/5 vote I would fire him myself on the spot. Remember that, Mr. Sexton? I said you wouldn't hit the bottom step before I would have you out of here for your inability to lead not just CRA but now your inability to lead this City. It's deplorable. You say you have the wi11 of the people. The will of the people sure as he11 didn't te11 you to come in here and start firing everybody in City Hall, not before you even had your feet wet. Not before you give them a chance. You didn't even give them a chance any of you, you didn't give them a chance. He11, no you had it preconceived. We fired a man once and I remember it well. It hurt. But let me tell you something. We gave him a chance. I knew him before I fired him. I knew of the areas that he didn't have the ability to serve in. I weighed that quite well. But you people haven't weighed anything. You haven't weighed a thing. You are egotistical, you are. and I doubt if you have the ability from what you have shown here this evening to serve this community. I know you haven't and you. sir I said It before and 1*11 say it again you should have been fired a long time ago but I couldn't get the votes to fire you. BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ0CpeOW910 Regular Meeting of the Baldwin Park City Council March 17, 1976 Page 44 You haven't the ability and I have his resume that shows he hasn't the ability. You have his resume. You tried to get him in as City Manager one time and I was very much opposed to that and still am. No, we were doing quite well. We had $125,000 in the bank drawing interest. We wanted to build that first of all the new Police facility and make certain that was built put that into effect if we had enough, or if we could float a bond we would go ahead with the rest of it but the Police facility was first. The City was making progress. The new meridian, a11 the new buildings. Your stores are becoming full and I'm not blowing smoke with what I've done. I've stated openly when I was running for Council that other Councitmen before me had initiated programs that are now being carried out. I got credit for the park up here that I had nothing to do with except on the Planning Commission, but my name is on it. The programs we have implemented you people will carry through but I doubt very much if you will give anybody credit for it, because I didn't hear any credit being given at all. That shows your inability when you can't give credit to people and you couldn't do that. I'm sorry, and you, sir, you've taken Mr. Flandrick's place. A man who has more ability than anyone any City Attorney regardless of what you might think of him and I know that Mr. Sexton didn't like him he had an out with him so consequently he was the man to go and I knew that months ago). But you will never make the man Mr. Flandrick is and he stilt will be. Gentlemen, I commend you both for your actions here this evening because I think you have shown commendable leadership and you have responded to what I feet is the most flagrant misuse of authority that I have ever witnessed in rny life. I know we will go on and I know the City will progress because it can't falter. It is already moving ahead. It may falter just slightly but we have got two good heads over there and thank God for that. Thank God there will be a lot of people that will keep watch over you I know I will. Now it is your turn. Thank you. Mayor Waldo Thank you, Mr. King. Joe Cale, 3043 N. Maine A few years ago I'll make this brief you won't have to go through a long ordeal a few years ago and on up until possibly just a few months ago I could tell the Council and I could tell the people out here in the audience things that would make their hair stand on end. I won't go any further to incriminate nyself because I personally was involved with some of these things rnyself. Alright, I would like to say this thing right here. I would like to say that during this last election that I was not really involved with any one of the candidates or any one of the Councilman, outside of going around and having a friendly type of a talk or something of this nature. I would like to say that nobody, I had no support from anyone on this Council for my wife Jackie, as far as that goes as far as City Council. So therefore the statements I am about to make would not be either friendly or unfriendly it would depend upon the Council or the audience what they would like to hear. I'm taking this as what I have received here tonight. I'm taking this on just a plain, common horsesense type basis. The applause and this and that and the other I know I am going against probably the majority of the audience. But I would like to say this. I personally think that Emmit Waldo, in his own right, catling for an audit I think that it is the most sensible thing that the man could do. And I applaud you. I have to take this because this type of business I'm in myself and I know what an audit means. I personalty would have to say this, Mr. Waldo layor Watdo, BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ1CpeCC06911 Regular Meeting of the Baldwin Park City Council March 17, 1976 Page 45. I would have to say that as Ex-Mayor Virgil Hamilton's co- chairman two years ago a man that I dearly love I would have to disagree with Virg in regards to an audit. While during your selection while one of the candidates for City Treasurer was running around saying Jackie was not doing nothing, Jackie was busy firing the Finance Director in here under closed doors, and this is one reason why I would say there could be a legitimate not taking sides this could be a legitimate deal. Okay, the same people that did the audit 4 years ago when Jackie was elected the ones that Russell Blewett is holding up'for tonight he come and asked me to,ask Jackie to go ahead and call an audit 4 years ago. I love Russ I think he is beautiful people but I do think that it's unbalanced. It's kind of you know, it's gone a little bit too far fetched. The Councilman that is putting people and trying to reach a rapport with the people, which we absolutely have not had here in Baldwin Park before now I can't voice rny opinion one way or the other on your decisions because anyone that can sit in the audience and not have a pro and con of either hiring and firing an individual, but yet they wilt holler and blare out at people that did do this and they don't have to me, I think it is stupid. Anybody that cannot have you know it is a two-way street and the thing of it is. as I say, give credit where credit is due. Now if you folks had all of this knowledge behind you and you knew what a two-way street was it's a two-headed coin the thing of it is this if you did right you did right; if you did wrong you did wrong. That's between you and your God, but I don't think that we sitting out here in the audience always get the facts, because I am going to tell you something, our ex-Mayor Hamilton has made many and many a decision in which he goes home and he studies and he does this and he does that and I know the man to be completely honest and completely fair. Okay, I've got a lot of opinions one way or the other but I*m going to ask you one thing. I know that what I am saying tonight may sound a little topsy-turvy or coming out a little topsy-turvy like maybe I'm trying to hold up for you people. You didn't help me in the election, but I'm trying to be honest and trying to be fair to all sides. I would tike to say this. I would like for the City Council to think this over very carefully and anyone that comes up to this microphone and makes a mockery out of the City Council out of its time I would love to see that individual I don't care if it's me throwed out on his ear right out through the door. I would like to be the guy that helps throw the guy out the door, to be honest with you. The point of it is, we have set up here and we have let people just run roughshod over the Council up here. I think they should be.respected. As much as I disagree with Carpenter. Lovejoy and Karnes, I would do the same thing if the^y were setting in you 3 people's seat I would say"give the boys a chance let them be heard." Now for 20 years we have been going on this City Council. I can remember when it was 4 to 1 Adelina was a lone dissenter and she was up there fighting by herself. And I also got Bill Adair's word and I was doing his bookkeeping at that time and I have heard a lot of things. I've heard a lot of facts and my friend, I can give you a hell of a lot more if you want to listen. So if you ever want to take the time to come to me and we are going to go pulling little skeletons out of the closet, I'll pull some out. I'll pull some out. I'll bring you City Council that met City Council to make a deal. How do you tike that? I mean. the past City Council and things like that if they want to go ahead and start pulling skeletons out of the closet, I'll pull a few out. I'll go right along with and do the best I can, but I would BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ2Cpe000691J8 Regular Meeting of the Baldwin Park City Council like to see some fair play up here on the Council. I would like to see five Councilmen work together for a change for a good cause. We have got a lot of good things that could be done, but if we are going to hanky-panky around and somebody is going to be mad at that guy I hope the whole damn bunch of you is whipped.. But I want to get started. I want to go somewhere with Baldwin Park. Thank you for listening. Mayor Waldo Thank you, Mr. Cale. H. Brody, 3462 North Vineland Good evening or rather Good Morning. Mr. Mayor Mr. Waldo, Jerry Kitchel, Mr. Aguilar, Robert Mitchell no, he's not up there, Mr. Sexton, City Attorney, Mr. Blewett, Mr. Hamilton. I've spoken to a number of Councilmen in privater before the election and right after the election. I was from New York formerly a Commissioner in New York. As you all know,- New York is dirty and politics is dirty, but what I have seen tonight I think would beat it by far and wide. I'm sure, Mr. Waldo Mayor Waldo, Mr. Kitchel and Mr. Aguilar, you may have in your mind good deeds. You may want to move this City, which I've heard is 20 years standing and doing nothing. I'm sure you want to move it ahead. Great, I'm for that also. I'll also say I don't know why the same people who were fired were fired. Maybe you knew and maybe you didn't know. I happened to read that Treasure Chest but what I will say was I did read last week, 1 believe it was, that both Mr, Kitchel and Mr. Aguilar said there would be not immediate firings. If you had to fire those people I don't know I'm not sitting over there maybe some day I will but right now I'm here I would not have done it the way you did it. I would not have let a man stand over here whether or not asked I don't know but tears coming down from his eyes or his voice choke up and I'm sure if it was one of you you wouldn't have liked it to be done with you. I don't know what to say. I felt sorry for the-wan. Now maybe he had to go and maybe Mr. Mitchell had to go and maybe the attorney had to go. I'm sure, and I have heard other people say and I'll grant Mr. Ritchie credit a very sharp attorney some people said they would like to have him on their side. Yes, maybe Baldwin Park needs him. Maybe he could do a lot for Baldwin Park but rny God, it did not have to happen this way. People do not have to get to know at 4 o'clock in the afternoon that they will be laid off at 8 o'clock. Now they didn't want to resign. I wouldn't want to give up iny job, either, if I had one, but it could have been worked out in two weeks or even one week of Executive Session it could have been called and maybe this would have worked out. If they had to go, they should have gone quietly. I think what this has done to the City this is what I have picked up from comments is that people think now, we have got two opposing sides all I heard was puppets on one side Mr. Kitchel, Mr. Aguilar puppets of Mr. Waldo and then I hear the other side Mr. Blewett and Mr. Hamilton. I don't know if this will get the City further ahead but it should not have been done this way. I am sure that what the Mayor has proposed is probably a very good idea. I-think it should be done. This town has not had that much of a say or much that I have heard, being a senior citizen home- owner myself I know that. Also I am sure the youth in this town need a Commission. But My God. why did it have to be pulled with a stunt like this? One week and we didn't have to go through a fight and I believe that the result I was just outside at that minute) that it needed four votes and that's why it didn't go through? I'm not sure. We didn't have to. We could have reached a reasonable compromise. Give it one week. I wouldn't want to push it off for two months. You pushed it off, I think about March 17, 1976 Page 46 BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ3CpeCCOG913 Regular Meeting of the Baldwin Park City Council March 17, 1976 Page 47 a month or two. That's ridiculous. Now you've done the same thing the other Councils have done. But 3 days one week and you couldn't come down to that, Mr. Waldo. I'm sure you had the majority and you could have pushed it through that way. And it was a good idea it should have been pushed through. But why did it have to come out and look like and here again puppets. It could have been such a nice, mannerly way, and that is what I am getting at. I would propose, when this Commission comes up one thing, I believe, would help the City Council somebody else I think actually threw this idea to me so I don't want to grab credit for it. There are five Councilmen and I believe there are going to be 15 Commissioners. I believe that each Councilman should propose three commissioners and that way it would took or I hope it would be) fair and present the image that we are not going to have this gang- land or rather- puppet-like thing. Also, to Mr. Blewett, I would like to sa^y, and this is not all to Mr. Blewett this is to everybody this is a City Council. Things are not done very nicely but I think on the part of everybody, though what happened tonight was bad, really bad, and I'll be quite honest I've spoken to Mr. Mitchett and I will admit to it that I will get him a very good contract attorney one of the top attorneys here in the state. I'll try. I don't know whether he will accept. I couldn't take what happened tonight. I really couldn't. One week more. The results wfauld have been the same and we could do it. Look, If something like this does happen again, besides the fact that it is going to cost the City money now, because Mr. Mitchell will fight it in court I think it is only logical that he should. I don't know. If it were w\y job and I had a contract, I would give it an attempt. It is going to cost the City money. Maybe 1^ something came out we could have avoided that cost. Bu^ I will say that I hope this never, never happens again not in such a manner. I hope it can be done quietly. If they had to be dismissed, fine. Not in the way It was done, though, and I hope if it does happen again, there should be no name catlings. Mr. Blewett, there was"liars" going across and what not. Not we". I don't want to hear this we." You are up here the Baldwin Park Council not anybody else's parties. You are one and that's what I'd like to see you get through your minds and you are going to operate as one if this City is to go. Next time, if anything comes, state the facts. The facts were clear enough. It will be up to us to judge whether they will be whether somebody is a liar or telling the truth or not. But again, I reiterate, you probably have some very good ideas. Mr. Waldo, I spoke to you. I believe it was Thursday a week ago. By the way, you didn't live up to a promise we made. Mayor Waldo That's right. H. Brody Okay, just remember that. But anyway, as I wanted to say, you struck me then as a man ambiti-ous. Baldwin Park needs ambitious people. I admire ambitious people. The City has to move ahead, but if we are going to have ambition in front of human decency, it is not worth all the progress in the world. It is not worth anything in front of human decency. And I think we lacked a bit of it tonight. I think deep down most Qf the people in this town realized it and I think deep down, Mr. Waldo, in your heart you realized it; Mr. Agultar, you realized it, because you wouldn't want it to be done to you, and so did you. Mr. Kitchel. Mr. Kitchel, you are young, just like me. I under- stand you want to go high in your party. You win have to do rough things granted but try to remember. human dignity, above aU. I pray that this City will BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ4Cpe00609^4 Regular Meeting of the Baldwin Park City Council get it together from tonight, somehow, some way. Get some human dignity in its face and somehow make this a better City. The ideas are good. Believe it or not, a lot of you have the same ideas although you are on opposite sides of the fence. Let's do things dignified nicely. We'll get much further. Please no more tike what happened tonight. I expected some- thing but wow you guys sure bit it off. Good night. City Clerk Balkus Hallie Slater. Councilman Hamilton Mr. Mayor, the hour is growing late. We have more business to take care of. Could we cut that oral communication down to a shorter time? Mayor Waldo No, it is my opinion that we should let the people have their say. Councilman Hamilton I want them to have their say, but they can say it in 5 minutes. Mayor Waldo If they want to sit here tike the rest of us, let them have their say. City Clerk Balkus Jack Ray. Mr. Jack Ray. 12706 E. Farnelt, said he had come to the Council Meeting with about 10 other citizens who were-concerned about the newspaper article referring to the Ledford area annexation. He asked for clarification of the article for the people who lived on Ledford or were otherwise interested. Director of Planning Kilgour explained that this regarded a request that had been received from George C. Leeper, who is a realtor representing the property owners of a \h acre pafcel of vacant land near apartment projects, for information as to whether certain property could be annexed into the Ctfy of Baldwin Park. Mr. Kilgour stated this item was on the agenda because a member of the Council needed to be appointed to the Annexation Committee to help make some basic decisions for recommendations to the Council regarding the annexation request and that no action would be taken tonight. He said that at the last Council Meeting the request was sent to the Annexation Committee for study and that after the additional member is appointed and the study completed, the City Council will discuss it fully. Mr. Ray said the meaning of the article in the paper was not dear and asked if the minutes and agenda regarding this matter could be in a format that would explain the matter to those persons interested in the Ledford annexation. Mayor Waldo said that every effort would be made to clarify the minutes and agenda. 00" Susan Blewett, 3562 Baldwin Park Blvd. I have a question for a couple of men. Can I ask more than one man? Mr. Lathrop no. I'm sorry, wrong man. Mr. Kilgour. before 9 or 9:30 tonight did you have any hint or inkling that you were going to be offered the job of Acting City Manager? Director of Planning Kilgour I had no,knowl edge of ary action this evening. I was out of to,wrtmc»s( of the ddy, Susan Blewett Same question, Mr. Lathrop. Did you have any inkling? i/ Director of Public Works Lathrop I had no idea whatsoever. March 17, 1976 Page 48 BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ5CpeC6Q@915 Regular Meeting of the Baldwin Park City Council March 17, 1976 Page 49 Susan Blewett Mr. Sexton, before 9 or 9:30 did you have any inkling that you were going to be offered the job of the Acting City Manager? Mr. Sexton indicated that he did. Susan Blewett Oh, you did have an inkling. And I would tike to say something to Councilman Blewett. I am so happy that you always choose the right. James Garrow, 1011 N. Baldwin Park Blvd. A'11 of the Members \ JAMES GARROW of the City Council and Fellow Citizens, Mr. Sexton rry friend \ Mr. Sexton needs no monuments. You stop aft at the last off ramp as you go out of the City of Ventura north and you will see one of the finest Holiday Inns in this world. It has an enclosed circular restaurant; a 3000-car covered garage where any citizen of Ventura can go and park his car for free and walk down to the beach. There is a mile esplanade with beautiful flowers, benches, and a mile of this where the people can go and sit down. Ventura is pleasant because flowers grow there. You don't need aircondition- ing in Ventura. Now then, the first set of condominiums is 310 and this goes for a mile. I wi11 pay you $1 for any For Sate sign on any one of them. The next set of condominiums are 514. These are beautiful condominiums. These are all in Spanish style. We can go on to the others alt the way down for a mile and they are all occupied and they are beautiful, and on the end is a park where you can take your children with a11 sorts of play equipment, i This man needs no monuments for his work in Redondo and different places. He is a good man; he is rny friend and what was done to this man by some of the past City Council men is terrible. You talk about people being abused; there sits a man that was really abused undercutting, trying to get him fired, taking away the money from the Agency and putting it into the City Treasury. When you take people's money away you take out their blood. Then requiring him to report to the City Manager / when he left the City Hall. AH these things they don't do s that to my friend. I was up to Sacramento at my own expense a little over $300. I stopped a day in Oakland and S.F. AND I stopped a day coming back on the train. White I was in Sacramento on the way up I analyzed the three bills by this Assemblyman that was elected Mr. Montoya Now I worked in Sacramento 6 years. I never took a bad bit 1. I passed good legislation for the State of California. I represented the third largest industry up there. Now this man had one bi11 i in there that completely killed the CRA. Let me te11 you f there are 78 cities in the state of California that have i been forced to this method of financing. Why should banks give a developer tike I used to have a construction firm for 5 years why should they give me the money at 6 or 7 percent to go out here and buy land and put things together i when they can get 18% on Mastercharge and Bankamericard and they get 12.6% for new automobiles. Seventy-eight cities in California have been forced to this method of financing. It is the only way to put things together. One of the ladies that sat here tonight. I tried to put apartments on her place down at Puente and Merced. There were always two gentlemen from Beverly Hills that would kill a11 of our deals in putting big deals together down there. This is the only method of putting things together and putting in the streets. Sure, the developers have to compete with other cities. I went over and bought things at the Fashion Plaza and at La Puente Mail and was fold that from the 368 merchants that are in that La Puente Hills Mail it will take $1 Million in sales tax out of there each year. God knows that Baldwin Park has lots of land on the freeways at eye level with on ramps and off ramps and we sit here doing nothing. There has been nothing done. Certain people have done everything In the world to undercut our progress. Let's hope that we BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ6CpeCCC69^6 Regular Meeting of the Baldwin Park City Council March 17, 1976 Page 50 can get together here and that we can go forward because I've been around here a long time and I fought for incorporation and I believe in Baldwin Park. My wife has lived here all of her life and I protect my friends. I have my friend in Mr. Sexton and he has been abused. Let's get together. Let's get going and let's get on with our CRA. Let's get on with our Sheraton Hotel. Let's get on with all these other things that we can have let's get the Chevrolet that wants to come here from El Monte because they have to go three stories in the air to get up from the freeway so they can be seen. Let us get the Ford Agency over there. Let's get it over here on our freeway. Let us get Mobile Home sales and let us get some sales tax and thank you for listening to me. Judith Gobte, 4943 Bresee Avenue I have to agree with Mr. Brody that the actions here tonight were in very poor taste. You are supposed to be our leaders. We are supposed to look up to you. Question Mr. Sexton, what were you doing in Washington on our money that we as taxpayers have to pay in regards to something that you are not involved in? We haven't had an answer to that tonight and nobody seemed to know an answer earlier. Do you have an answer now? Mr. Sexton Would you state the question again, ma'am? Judith Goble Yes, you went to Washington with Mr. Waldo? Mr. Sexton That's a fact. Judith Goble Right, and our money, right? The taxpayer's money? Mr. Sexton That's right. Judith Goble And what was your purpose for going there. Were you involved in revenue sharing? Mr. Sexton I was directed to go with Mr. Waldo to Washington, D.C. Judith Goble Who directed you? Mr. Sexton I was directed by the Mayor. Judith Goble Okay, that's what we wanted to know earlier and nobody told us. Mr. Sexton More than that. I can answer the question relative to revenue sharing. I think I am familiar with revenue sharing and I think I understand the principles behind it and how it works, so your assumption that I don't know anything about it I think is incorrect. Judith Goble No, I didn't say that you didn't know anything about it. I said you were not involved in it at the time that you were there. You had no involvement in it, right? Mr. Sexton Oh, yes, ma'am. Judith Goble Also tonight, since Mr. Mitchell was fired it was stated that his term of 4 years will not have to be paid. Now is this a fact, or will we learn in 2 weeks that according to the laws we will be paying his salary for 4 years, plus the salary of the new City Manager? Mr. Ritchie I have expressed rny opinion on that question once at great length. Judith Goble Yes, was that an opinion or was that fact? Mr. Ritchie When you are dealing with legal questions all you can do is to express a legal opinion. JUDITH GOBLE BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ7Cpe0000917 Regular Meeting of the Baldwin Park City Council March 17, 1976 Page 51 Judith Gobte So we won't know really. We won't know one way or the other. Okay. You also stated at the start of the meeting this was a general statement) that the people voted for CRA that they wanted progress. This is true. So now we have the CRA. We've got progress. I think it is great. We want progress but why are we getting all these other things thrown at us? We need new direction. Fine. Okay, we have been paying high property taxes. It was a known fact that Baldwin Park was the highest property tax city in the county. Now we have a few other cities higher than us. Are you trying to get us back up to the top? AH I can see is more money going out of my pocket and I have to work for it. We want progress; we want truth, honesty and we want fairness. Another question how much will an audit cost us? Mayor Waldo, you have been in office. Don't you know what's been going on? That's why you are asking for an audit. Okay. One other thing for thought. The youth of this community. We had some here earlier. I heard some protesting. They want things done for them. Some of this money that we have been spending $60 an hour for a lawyer I don't know if we are still spending money for the other lawyer. Why can't we get some of this money together and create jobs for some of these youths? There's food for thought. Instead of talking about having a committee to do this and to research that getting a basketball game going here getting a dance studio going there these kids aren't going to go there if they don't want to. I've got kids of my own and if they don't want to they aren't going to unless I take them by the hair and pull them. I think a lot of these ones we are saying we are having problems with have nothing to do if they don't want to they are not going to do it. Get them jobs. Put some of this money to use. Mayor, I would tike to ask one other question. It is your prerogative to answer or not to answer. Do you. Mayor Waldo, Mr. Kitchel, and Mr. Aguilar own property in Baldwin Park and are you paying taxes? Councilman Aguitar I do. Councilman Kitchel The truth of the matter 1s and I say this for a point of clarification that I have been paying the property taxes on my parent's home for the past 5 years. That is where I reside. Judith Goble How about you. Mayor do you own property? Mayor Waldo No, not at the moment. Due to some circumstances that happened a few months back I do not have property in Baldwin Park any more. Judith Goble Well, I just hope that when you ar& faced with your tax bills that you will stop and think. Thank you. Susan Gray, 4600 N. Walnut I really don't think I need to introduce myself. I think every man on there except the attorney knows me and they know what I stand for and Waldo, I am ashamed of you. I called you one time part of a friend but I have seen you se11 people down the river so much and what you did to those young people tonight was absolutely uncalled for. You knew when you asked them to come up here that you would have to have a 4 vote to do a damned thing excuse my English. You knew that. The other 2 gentle- men may be excused but in their position they should have also known it. You knew very well that it would be turned down and you knew those young people would go out of here hurt and angry, and they have enough anger as it is right now. We have enough trouble with these young people-trying to find something for them to do and trying to help them and I think there SUSAN GRAY BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ8CpeCOOG918 Regular Meeting of the Baldwin Park City Council March 17, 1976 Page 52 are people sitting right there that know that and you know also that I would go anywhere and fight anybody for those kids and what you have done to them tonight was absolutely not called for. And what you did to the gentlemen here also was uncalled for. Any man should be able to know why he is being fired. He should have justice enough to know. You would want it. I am talking to you and I am not calling you Mayor I am calling you Emmit and I am old enough to be your mother and I am ashamed of you absolutely ashamed of you and I think everybody here ought to be ashamed of you also. And you, sir, sitting there with your pencil you have made a lot of brags about what you were going to do for this town. You sold this town a bills of goods. You told them if we go CRA we will have this in our town on 19 acres. You knew at that time it was totally impossible. You knew when you sold that to these people it was totally impossible. You also knew they had no intentions of coming in here. Don't shake your head at me. Mr. Sexton You are wrong, ma'am. That is not true. Susan Gray Then you are a damned poor designer and you have no business being in the position you are in. Because any engineer could have told you that they could not have put what you had proposed on that lot in 19 acres and I'm not an engineer. Mr. Sexton That's right, and we fold the people in public hearings that we were not experts and that would be a question for the experts to determine and you know that. Check the records. Susan Gray I know that you lied to the people everyone of you. And I'll tell you, Mr. Kitchel admitted it. He said in so many words Well, yeah, we both didn't exactly t^1"1 ij; how it was." And you both didn't. You didn't nor the other people didn't and if these people had known and I wilt admit there were some people that did investigate and they tried to tell us, but the people in Baldwin Park were so anxious to see our town progress, so anxious to see these things come in here that they fought it and I think a lot of them are sorry. Now you gentlemen are here as servants of the people. We are not servants of you which you have treated us like tonight). You are here as servants of the people and I happen to be a taxpayer person and I think everybody here also is and I think they wilt resent what you did here tonight and I think you'd better start to think about it if you want to be up here at the next election. So wipe the smile off your face, my dear. Mayor Waldo If I'm not elected or if I decide to run Susan Gray You think you'" 11 make enough this time that you won't have to worry about it. Mayor Waldo Thank you, Mrs. Gray. Tom Carpenter, 4346 Jerry Looking back a little over a year ago, Mr. Waldo was directed by the Mayor he and Mr. McCaron to come up with a procedure for the Council to travel. If you look around the county, the state, the U.S. government everyone of them have a travel procedure and there isn't any here in this City. Now this has been way over a year ago. You never did come TOM CARPENTER BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ9CpeOOOG919 Regular Meeting of the Baldwin Park City Council up with it. The thing is wide open; in other words whatever you did was supposed to be approved just because you went out to do it. I think back to your November 1974 meeting where you went up to the Senate Hearing, as I recall, and you made a presentation and I pointed it out here in fact, I read it out of the transcript the Senate transcript where your main pitch was that we have people literally eating out of the garbage cans. We have got pictures to prove it the picture that you took that you had taken, Mayor Waldo We have several pictures. Tom Carpenter Well, Mr. Waldo, what I'm thinking is that we, as citizens, will watch your expenses very carefully because if your Washington trip was anything tike the one you had in San Francisco where, after you had made the speech about the hungry old tady, you immediately walked over to the Fairmont you, Mr. Sexton and a reporter that you took along to take a picture and you spent something like $74 for supper. Now, I know you've been I've got a quite a list of the expenditures that are going on in the City and I intend to keep on going through your records and I think as long as you don't ever intend to have any control on them maybe the citizens are going to have to put a control on you. Now you should have a Per Diem set up for the City. You should have proper travel for all of the employees. You haven't done a doggone thing. You couldn't even, as a Councilman, ever come up with a proced- ure for the Council so what are you going to do for the people otherwise throughout the City? I've listened to this tonight and it has been a tremendous revelation what the people feel. You know, you dished it out for about two years through the Treasure Chest and now you are sure going to have to take it. The guy that dishes it has got to take it. Apparently you are resigned to do that because with the things that you are doing like this who wants to discuss it? it is so pitiful that well, your actions tonight. It is a travesty. I'm afraid that one of these days that all of this is going to come back on you, Mr. Waldo. I worked for two years helping you and you know that. Every day I even have some of your little notepapers with your picture on it, telling all of the fine things that you were going to do. You would help save homes of the elderly who would now be homeless due to City-initiated assessment taxes. A member of the CRA the committee voted against CRA. Your whole plan was against that. I walked after you, taking pictures of people. Here is an old gentleman and his wife and a rosebush, Had 47 years wouldn't it be a shame if they lost that rosebush and their home? Mr. Waldo, I could go on and on and on and you have doublecrossed me and everyone of the; committee that worked for you and worked so hard to put you in that seat, and on top of that you doublecrossed everybody in the City because the things you told them and they are right here on everyone of your scratch pads I have a little stack of them at home and everytime I want to think of you and I don't think very kindly), I take a look at that. There is your picture on it. All of the wonderful things that you have done and all the things you are going to do. Well, Mr. Waldo, you are not much of a man. Mayor Waldo Did we do those things,Tom? Did we save the old ladies' homes? Did we? You'd better believe we did. Tom Carpenter You never saved anybody's home. BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ:CpeCOQG920 Regular Meeting of the Baldwin Park City Council March 17. 1976 Page 54 Mayor Waldo I said we." Me sure as heck did. Tom Carpenter You haven't saved anything at all that I have ever known of. You worked everything to your own ends and I helped you. I photographed you from one end to the other. Over next to your place when you put in the blind man's equipment. Sure, I thought that was a wonderful thing. But you never did push it. Look at all the wonderful things you were trying to do. You only did it to build up Emmit Waldo. Mayor Waldo That's your opinion. Tom Carpenter No, it isn't my opinion. It's the facts. I took picture after picture that went into that Chamber of Commerce paper you know that. Every place you would go I went right with you and you are sitting there because we sold the people a bill of goods and believe me» I will regret it until the day I die. Mayor Waldo Tom, did we do the good things that we said we did? Tom Carpenter You never did a thing. You went into that seat and you denied and you stopped everything you were going to do and you said now nobody is telling me what to do the minute you set down. And I never spoke to you from that time on, only once when we had a tittle cussin* spree out on the steps and if you remember what I totd you I wouldn't repeat it here. Mr. Waldo, you are not much of a man. Mayor Waldo Thank you, Mr. Carpenter. Gloria Zook, 4817 North La.Rica And I'm so glad that you are going to do something for the senior citizens. I remember some time ago when Mrs. Asquith was here in the audience and Mr. Waldo pledged quite a bit of money to them and if you are going to keep doing things like that, Emmit, baby, you got problems. Mayor Waldo My bank account disappeared shortly after that. Gloria Zook You stopped forgetting promises before your bank account disappeared, Emmit. Now a subject came up tonight very, very dear to my heart and that's the City of Ventura. I think I know that city better than Mr. Sexton ever thought of knowing it. We might have a nice Holiday Inn up there but let me tell you something we have got a downtown section in Ventura that stretches for maybe a mile or a mile and a half. A few of the stores the City has taken over because the City is growing the City Hall is up on a hill and small. Those stores are empty and vacant; it is another dying downtown section. The people in Ventura will be very surprised to hear that Mr. Sexton put in a Holiday Inn. They are really going to be pleased. I think you will hear from them on it. As community rep for Assemblyman Montoya for the City of Baldwin Park has to have some legislation against CRA. CRA in its incep- tion and original ideas is a good idea, but Baldwin Park is one of the laughingstock cities for its abuses. That is the reason the legislation has to come about to curtail you and it,will, believe me. Thank you. Mayor Waldo Thank you. GLORIA ZOOK BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ;CpeOOOG9S1 Regular Meeting of the Baldwin Park City Council Halite Slater, 4814 North Stancroft A statement was made that the people were not deceived or whatever the word was about the 19 acres and what was going to be put on that. I remember and Mr. Blewett, I believe you can remember it a 2-page spread in the Tribune which told a11 about what was going to be done on that 19 acres. We were going to have K-Mart, Sheraton Inn and across the street corner we were going to have Sixpence Inn. To begin with, K-Mart does not set on a lot 19 acres or anything else with a hotel or a motel. They have their own little shopping center and that would have taken up the 19 acres. Secondly, I have talked with Mr. Aissa and Mr. Elliot who are Mr. Aissa was City Manager and Mr. Elliot I don't know right now his position) in West Covina, and approximately 3-years ago they were dickering and making plans with K-Mart. K-Mart had no intentions of coming into Baldwin Park because if they didn't go into the Cat Store which is ideal they'don't have to build a building they don't have to have a parking lot made and they don't have to do anything but move in and fix up to their specifications if that didn't work out, they had a number of other places that they were ready and more than witling to put them. K-Mart never intended to come into Baldwin Park. The people were deceived and they have continually been deceived by Mr. Kitchet, Mr. Aguilar, Mr. Sexton and you, Mr. Waldo, about what was going to happen on the 19 acres. Is it only going to be 19 acres? All of a sudden it jumps to 73 acres and we took in non-blighted area and new buildings that came in as free enterprise. That takes care of that little bit. Secondly, I would like to know when you three people decided that the City Manager and the Assistant City Manager were going to be fired. Mayor Waldo We11» that's a problem I have^been working on for a long time. Slater- Yes, I know that and by 3 o'clock and probably earlier I got it because that's what time I got home and it was not from any Council Member. It was a11 over town that these people were goirrg to be fired and that was it. And Mr. Sexton would be made City Manager and that's why I believe that Mr. Sexton was taken to Washington with you, Mr. Waldo, because you knew Mr. Mitchelt would not be here after tonight. Mayor Waldo I don't follow you. Hallie Slater Well, you had to take the one that you figured was going to be the City Manager. He would be the logical one to go with you, and I think this is this meeting tonight including you three has been one of the most dastardly I said dastardly not with a b) meetings that have ever in my life'attended and I fe^el sorry extremely sorry for you people because as my husband said it is a11 going to come back to you one of these days and I don't think those days are too long away. Mr. Waldo, you used your term on the Chamber, in my opinion you used your Chamber Board, you used your people and anyone you could get hold of to build your- self up and I made a bet with you about CRA and you had to pay it off. That's right, because I said that everyone of the 5 of you on Council then would vote CRA and even though a majority had stated before that time that they would put it to a vote of the people. You sa1d"No way. they are not going to take the Old Folk's Home. They are not going to take people's homes. We aren't going to do this." And then you had a little March 17, 1976 Page 55 HALLIE SLATER BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ<Cpe0006932 Regular Meeting of the Baldwin Park City Council March 17. 1976 Page 56 meeting. I remember it well and you tried to talk people into going along with it and I don't know what you are getting out of it whether it's glory or whether it is maybe money, I don't know but if you are going to represent Baldwin Park as Mayor then God help Baldwin Park. Waldo I hope God does help Baldwin Park because it surely does need help. 00- Mayor Waldo said he wanted to bring before the Council the matter of the newsletter. Councilman Hamilton suggested carrying it over as the hour was growing late or going through the agenda and then discussing the newsletter later. Councilman Blewett said his opinion was to get the agenda over with and discuss the newsletter under new business where it belongs. Councilman Aguilar said he wanted to get to the agenda, too. 00- Director of Public Works Lathrop referred to the award of contract for Project 139, which is the project for widening and construction of landscaped medians on Ramona Boulevard from Francisquito Avenue to the 605 Freeway. He said 10 bids had been received and the lowest was $82,751.75- and recommended that the contract be awarded to Griffith Company, Long Beach, subject to the approval of the Federal Highway Administration. AWARD CONTRACT FOR PROJECT NO. 139 TO GRIFFITH COMPANY OF LONG BEACH $82,751.75 SUBJECT TO THE APPROVAL OF THE FEDERAL HIGHWAY ADMINISTRATION. M/S/C: 8LEWETT/KITCHEL. Roll Call: Ayes: BLEWETT/KITCHEL/AGUILAR/HAMILTON WALDO. The motion carried. AWARD CONTRACT PROJ. NO. 139 TO GRIFFITH CO. OF LONG BEACH $82,751.75 SUBJECT TO APP. OF FED. HYWY. ADMINISTRATION 00- Director of Public Work Lathrop referred to Project No. 174, relative to street lighting installation on Ramona Boulevard from Francisquito Avenue to the 605 Freeway which will coincide with the street improvement on Ramona Boulevard. AWARD CONTRACT FOR PROJECT NO. 174 TO EDWARDS ELECTRIC OF ARCADIA $12,549.00. M/S/C- HAMILTON/BLEWETT. Roll Call. Ayes: HAMILTON/BLEWETT/AGUILAR/KITCHEL/WALDO. The motion carried. 00- AWARD CONTRACT PROJ. NO. 174- TO EDWARDS ELECT. OF ARCADIA $12,549.00 City Clerk Balkus referred to the Bid acceptance on one 1) 1/2-ton pickup or stake truck for the Department of Recreation & Parks. She said that no bids had been received; therefore no action was required at this time. 00- City Clerk Balkus stated that the County General Service Agreement did not terminate until June 30, 1976. CONTINUE COUNTY GENERAL SERVICES AGREEMENT TO APRIL 7. 1976. 00- BID ACCEPTANCE ONE 1) 1/2-TON PICKUP OR STAKE TRUCK NO BIDS RECEIVED CONTINUE COUNTY GENERAL SERV- ICES TO APRIL 7, 1976 BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ=CpeC006933 Regular Meeting of the Baldwin Park City Council Councilman Blewett stated that he thought the matter relative to the propane fuel conversion of City Vehicles might be a discussion item and suggested holding it over until next meeting. Councilman Hamilton asked Police Chief Adams if there was an urgency on the matter. He said he had read the report and recommendations and thought they were very timely and he approved of them. Police Chief Adams stated that the Department would be receiving the new police vehicles within the next 30 days plus a new pickup truck for the Parks Department and that it would take some time to get formal bids back. He pointed out that it would be 3 weeks until the next Council Meeting and that the vehicles might be here before the tanks and installation are prepared for the conversion. Councilman Hamilton said the recommendation would save the City dollars and that he concurred because the cost for fuel could be cut down at least 35%. He preferred acting on the matter unless the new Council needed time to study it. Councilman Aguilar said from his own experience with his service truck he knew the recommendation would save money. AUTHORIZE ADVERTISING FOR BIDS AND CONVERSION OF ALL 1975 OR NEWER VEHICLES TO PROPANE FUEL. M/S/C: BLEWETT/AGUILAR. Roll Call. BLEWETT/AGUILAR/KITCHEL/HAMILTON/WALDO. The motion carried. March 17, 1976 Page 57 PROPANE FUEL CONVERSION CITY VEHICLES AUTH. ADVERTIS- ING FOR BIDS & CONVERSION OF ALL 1975 OR NEWER VEHICLES TO PROPANE FUEL 00- D1rector of Public Works Lathrop referred to his report on the Sale of City-owned Property Abandoned Walkway Between Benham Avenue and La Rica Avenue. He said the City Council authorized the abandonment of the walkway because of juvenile problems within the walkway and the Staff'was authorized to negotiate with property owners on either side o^ what is shown^as Parcel B to determine which property owner might be interested in submitting a bid on that property, The Council suggested that the appendage of thdt atkway would not be compatible to the property to the north and requested that another effort be made to, contact the owr]^r to the south. The owner, Mr. WilHam'Eitel, 4861 La Rica, submitted a bid of $60 for the property. AUTHORIZE MAYOR AND CITY CtERK TO EXECUTE QUITCLAIM DEED FOR PARCEL A TO MR. AND MRS. LANGLEY AND TO EXECUTE PROPER DOCUMENTS FOR SALE OF PARCEL B TO MR. EI^EL FQ8 $$0. M/S/C: BLEWETT/AGUILAR'RolFC^tl. Ayes: BLEWETT/AGUILAR/ KITCHEL/HAMILTON/WALDO. The motion carried. Director of Public Works Lathrop referred to the Transfer of Maintenance and Operations of the United Parcel Storm Drain System. The construction of storm drain facilities from Dalewood Street and Virginia Avenue to the Walnut Creek Channel United Parcel Service) has been completed in accordance with the plans and specifications. The operation, maintenance and repair of the storm drain system will be done by the Los Angeles County Flood Control District, at no cost to the City, if the City transfers the system to the District. He recommended the adoption of the resolution authorizing the maintenance of the storm drain system. SALE OF CITY- OWNED PROPERS ABANDONED WALKWAY BETWEEf ENHAM AVE. & LA RICA AVE. AUTH. EXEC. QQ DEED PARCEL A TO LANGLEYS & EXEC. DOCU- MENTS FOR SALE OF PARCEL B TO MR. EITEL FOR $60 TRANSFER OF MAINTENANCE & OPERATIONS OF UNITED PARCEL STORM DRAIN SYSTEM BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ>Cpe0006934 Regular Meeting of the Baldwin Park City Council RESOLUTION NO. 76-19 REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS AND DRAINAGE SYSTEM KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO. 597 IN THE CITY OF BALDWIN PARK FOR FUTURE OPERATION. MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF UNITED PARCEL SERVICE DALEWOOD STREET TO WALNUT CREEK CHANNEL) RESOLUTION NO. 76-19 ADOPTED AND FURTHER READING WAIVED. M/S/C: HAMILTON/AGUILAR. Roll Call. Ayes: HAMILTON/ AGUILAR/BLEWETT/KITCHEL/WALDO. The motion carried. 00- Councit continued the matter of Housing and Community Development Committee Appointees to the next Council Meeting March 17, 1976 Page 58 RES. NO. 76-19 TRANSFER & CONVEYANCE OF STORM DRAIN NO. 597 UNITED PARCEL SERVICE) TO COUNTY RES. NO. 76-19 ADOPTED HOUSING & COMM DEV. COMMITTEE APPOINTEES 00- Director of Planning Kilgour stated that the Annexation Procedural Committee was incomplete and that a member of the Council, a Staff member and the Planning Director were Committee members and were asked to study the request and report back to the Council. A new Council appointment was necessary. Mayor Waldo asked if anyone would care to serve on this committee. Councilman Hamilton volunteered to serve and Mayor Waldo, with the concurrence of Council, appointed him to the Annexation Committee. 00- Councilman Hamilton said he wanted to discuss the new Police facilities and the new City Hall. Mr. Lathrop, City Manager Mitchell, Mayor Waldo and Adelina Gregory had been appointed to a committee and now it would be necessary to get a committee active again. He stated the price has gone up every year and that if the facilities had been built two years ago the City would have saved around $1 Million. The plans have already been adopted and he suggested that the new Council study them and that the money be applied to the project. He recommended that a comnittee be appointed and come back to the Council with recommendations as soon as possible. Mayor Waldo stated the matter would be considered at the next meeting, 00- Mayor Waldo discussed the newsletter concept. He said in his opinion it should be monthly and should either be mailed to the residents of the City or published and hand delivered. He felt there had been too much silence at City Hall and that Council meetings should be reported what actions have taken place and what actions are going to be taken and that City government should be taken to the the people. He didn't feel there had been adequate coverage in the newspaper. He wanted it prepared by the City Staff and distributed to the public. ANNEXATION PROCEDURAL COMMITTEE COUNCILMAN HAMILTON APPOINTED NEW POLICE FACILITIES & NEW CITY HALL CITY NEWSLETTER BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ?Cpe0006925 Regular Meeting of the Baldwin Park City Council March 17, 1976 Page 59 Councilman Kitchel felt that a survey would have to be made to consider the costs. Councilman Hamilton said that he agreed that citizens were entitled to know what was happening in City Hall and that newspaper articles, white helpful, were not reporting everything the way it was said. He recommended that the Staff check into the cost of mailing a complete newsletter quarterly to the residents and bring back a report for Council action. AT 1:50 A.M. THE MEETING ADJOURNED. There were no objections. M/S/C: AGUILAR/HAMILTON 1:50 P.M. MEETING ADJOURNED 00- APPROVED: /U. 7 THELMA L. BALKUS, CITY CLERK 1976 Date of Distribution to City Council: April 2, 1976 Date of Distribution to Departments: April 2, 1976 BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡ@CpeCITY OF BALDWIN PARK BID OPENING SLURRY SEALING VARIOUS STREETS AND ALLEYS WITHIN THE CITY MARCH 26, 1976 2:30 P.M. CITY HALL COUNCIL CHAMBERS Item Quantity Unit Description 1 877 Extra Slurry seal quickset) Long delivered and applied Tons in accordance with specifications Various locations) 2 144 Extra Slurry seal quickset) Long delivered and applied Tons in accordance with specifications Sunday Only Job) Francisquito Avenue San Bernard!no Freeway, Southeasterly to the City Limits TOTAL BID Flex-Paving & Eng.Inc. P. 0. Box 308 Tustin, Calif. 92680 Unit Price Total Price $ 29.34 $ 33.00 $ 25,731.18 $ 4,752.00 $ 30.483.18 The above price includes State and Local Sates Taxes BID BOND ENCLOSED Pavement Coatings Co. P. 0. Box 2777 Anaheim, CA 92804 Unit Price Total Price $ 29.85 $ 30.85 $ 26,178.45 $ 4.442.40 $ 30,620.85 NO BID BOND ENCLOSED) Chamber-Mix Concrete, Inc P. 0. Box 356 Stanton, CA. 90680 Unit Price Total Price $ 30.54 $ 26,783.58 $ 30.54 $ 4,397.76 $ 31.181.34 BID BOND ENCLOSED BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡACpePage 2 CITY OF BALDWIN PARK BID OPENING SLURRY SEALING VARIOUS STREETS AND ALLEYS WITHIN THE CITY MARCH 26. 1976 2:30 P.M. CITY HALL COUNCIL CHAMBERS Item Quantity Unit Description 1 877 Ted R. Jenkins Co. 5400 The Toledo Suite 508 Long Beach, Calif. 90808 Extra Slurry seal quickset) Long delivered and applied Tons in accordance with specifications Various locations) Unit Price $ 30.48 Total Price $ 26,730.96 Roy Allan Slurry Seal Cont. 30381 Via Alcazar Laguna Niguel, Calif. 92677 Unit Price Total Price $ 31.66 $ 27,765.82 2 144 Extra Slurry seal quickset) Long delivered and applied Tons in accordance with specifications Sunday Only Job) Francisquito Avenue San Bemardino Freeway. Southeasterly to the City Limits TOTAL BID The above price includes State and Local Sales Taxes $ 31.61 $ 4,551.84 $ 31.282.80 BID BOND ENCLOSED $ 31.66 $ 4,559.04 $ 32,324.86 BID BOND ENCLOSED BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡBCpeCity of Baldwin Park, Bid Opening Slurry Sealing Various Streets March 26, 1976 2:30 P.M Page 3 I, THELMA L. BALKUS, CITY CLERK of the City of Baldwin Park, do hereby certify that I opened the foregoing bids in the Council Chambers of the City Hall at 2:30 p.m., March 26, 1976, in the presence of Assistant Director of Public Works Sexton and Finance Director Dennis Haltoway. BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1976 03 17 CC MIN(ÌìΡCCpeCITY OF BALDWIN PARK BID OPENING PROPANE GAS CONVERSION APRIL 5, 1976 3:15 P.M. CITY HALL COUNCIL CHAMBERS 4 DR CHEV IMPALA 76. 350 CID ENGINE 4 DR CHEV MAILBU 76, 350 CID ENGINE 6 CYL DODGE PICKUP TRUCK 76, 225 CID ENGINE 4 DR BUICK APOLLO 75. 250 CID ENGINE GMC HALF TON PICKUP TRUCK 75, 250 CID ENGINE PROPANE Per Gallon 299 FUEL STORAGE/DISPENSING FACILITY CPrices citedw/o ax; some included sales tax on materials) CONVERSION KITS. & INSTALLATHT" Parts & Labor Only. State/Fed, Tax Excluded) $ 9.908.80 $4,646.00 Price includes a11 electrical work,plus possibility of larqer gaUonage tank than offered in the two 1150 WC tanks. For night lighting add $291.18 for a grand total of $4,937.18. Ted Johnson Propane 5140 N. E1ton St. Baldwin Park, CA 91706 $4,449.00 Price does not include electrical work or night lighting. Glenco Engs. & Cont. 216 E. Dyer Road Santa Ana. CA 92707 Industrial Fuel Corp. P. 0. Box 2832 Santa Fe Springs, 90670 Cat Gas Nicklaus) 9559 E. Valley Blvd. E1 Monte. CA 91731 Empiregas Inc.of Pomona 480 E. Commercial Ave. Pomona, CA 91766 $10.640.80 312 $6,025.00 Price is a full design. turn-key type. but does not mention night lighting. $6.294.63 Electrical work included. $ 9.314.38 but does not mention night lighting. $6.632.00 Price is for 24-pole plan for crash poles surrounding the tanks. For a 16-po1e pattern cut price $200. Does not include elec- trical work. or the night lighting. $6,552.00 Price does not include any electrical work. Meeder Equipment Co. 2007 W. Mission Blvd. Athambra, CA 91803 Tiffany Enterprises 909 Engtewild Drive Glendora. CA 91740 At Graft & Son. Inc. 10806 Nance Street Norwalk. CA 90650 Petrolane 816 S. Cucamonga Ave. Ontario. CA 91761 $6.591.48 Turn-key operation* a11 $10,821.40 electrical work included, together with night lighting. $6,757.51 Full design system, with electrical work included, but night lighting not mentioned. $5,470.00 Price quoted is for one $ 9.834.96 tank at $2.735.00. and is doubled for two 1150 WC tanks. Price is installing of tanks only. does not include crash posts, nor electrical work. nor does it mention night lighting. $ 8.508.42 Gary Moody's LPG Conv.Ser. 618 South Del Mar Avenue San Gabriel, CA 91776 Williams Energy Co. 653 E. Main Street Ontario. CA 91761 Van Gas 16800 S. Main Gardena, CA 90247 Globe Gas Corp. 5843 Paramount Blvd. Long Beach. CA 90805 Mutual Liquid Gas P. 0. Box 898 Tustin. CA 92680 302 279 30 312 347 279 31 I, THELMA L. BALKUS, CITY CLERK of the City of Baldwin Park, do hereby certify that I opened the foregoing bids in the Council Chambers of the City Hall at 3:15 P.M., APRIL 5, 1976, in the presence of Finance Director Hattoway and Lt. Cheltino. r/^^r THELMA L. BALKUS, CITY CLERK BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 CpeOOQC8-S Regular Meeting of the Baldwin Park City Council Councilman Blewett It says public hearings. Mayor Waldo A motion has been put on the floor and I demand that it be heard right now. Question. Councilman Blewett No, I want to speak to the question. I want to tell you why I object to Mr. Graham Ritchie as City Attorney. Interruption from the qudience It seems you've got two attorneys and you are going to pay this guy and you are going to pay the xt guy to get the job done both ways. This is Baldwin Park's money. I live in Baldwin Park and boy, you guys sure aren't doing things proper;'.') Councilman Blewett You're right. I'll tell you why I object very much to the firing of Mr. Flandrick. They are going to set their own man up as City Attorney and now their own man is going to give them the advice they want like I said, it. is like going to church and picking your own sermon and I don't think that's right I think it's wrong. I think Mr. Ritchie has a conflict and a confusion of interest by serving as the City Attorney to the City of Baldwin Park when he is in fact the Acting City Manager and the City Attorney to the City of Industry which in my opinion is the most illegal, morally bankrupt city and the city that is ripping you Baldwin Park residents off because they are syphoning off your tax dollars. They pay their council men $396 a month and represent 700 people, so they get 50i for every person they represent. I think this meeting is morally bankrupt and I think that you people better rise up and do something about it. Mayor Waldo Now we will get on with it. We have a motion on the floor and a second. May we have a roll call vote. Roll Call. Ayes: AGUILAR/KITCHEL/WALDO. Noes: BLEWETT/ HAMILTON. The motion carried. At 8:37 p.m. Council adjourned to an executive session. 00- At 8:58 p.m. Council reconvened. Roll Can same except that Acting City Attorney Ritchie replaced Assistant City Attorney Barbosa. 00- TERMINATE MR. PHIL HALE AS ASSISTANT CITY MANAGER. M/S: AGUILAR/KITCHEL March 17, 1976 Page 8 ADJOURNED 8:37 P.M. TO EXECUTIVE SESSION RECONVENED 8:58 P.M. TERMINATE PHIL HALE AS ASSISTANT CITY MANAGER Acting City Attorney Ritchie Mr. Hale had requested an opportunity to be heard in open session and this would be an appropriate time to give Mr. Hale that opportunity and following that you may then vote on the motion. Assistant City Manager Hale I am very surprised by this action since I had no other indication other than hearing it from Mayor Waldo at 3:00 this afternoon. I was totally unprepared for it and request as granted to the City Attorney that I have an opportunity to consult with counsel and be allowed to defend rnysetf at least as I am sure the City Attorney will be at the stated meeting of April 7th. Acting City Attorney Ritchie As I indicated to the City Council the Code provides and the State Law provides that you may dismiss appointed public officials by a majority of the City Council and that does not require a public hearing, BIB] 37658-U01 1976-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9725-U03 DO9789-U03 C4-U03 MINUTES1-U03 2/5/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06