HomeMy WebLinkAbout1976 05 19 CC MIN1976 05 19 CC MIN (Ìì Ï JpeINDEX
MAY 19, 1976
Page
Invocation Pastor Harvey Boese, Neighborhood Church 1
Minutes of April 26 and May 5, 1976 Approved 1
Res. No. 76-36, Commending Stacy Aldrich for Heroism
in Protecting a Life Adopted 1
Res. No. 76-35, Claims and Demands Adopted with Deletion of
Warrant Nos. 5013 and 5026 1 & 2
Appeal Public Nuisance Case 76-N-4 13409 E. Garvey Ave.
Mrs. Igna 3 & 4
Continuance Denied and Hearing Held Tonight Mrs. Igna 4-8
Inspection Report, Cover Letter to Mrs. Igna dtd 3/19,
and Slides Received and Filed 8
Public Hearing P.N. 76-N-4 Mrs. Igna 9-13
Necessary Permits Obtained and Work Commenced and Diligently
Prosecuted Through a Period of 60 Days to Complete Abatement 10
Motion Did not Carry
Public Hearing Closed Mrs. Igna 12
PN-76-N-4 Declared Nuisance 30 Days Abatement 30-Day
Extension Possible if Work Progressing Satisfactorily 13
\
Claim Gerardo and Federico Liggins Denied and Referred
to Insurance Carrier 14
Res. No. 76-37, Naming Authorized Personnel to Execute
Applications and Documents for the Purpose of Obtaining
Financial Assistance Under the Federal Civil Defense Act
of 1950 as Amended Adopted 14
Award of Bid 1/2-Ton Truck for Recreation & Parks Department
Accept Low Bid of Sopp Chevrolet Huntington Park
$4,129.97 Including Sales Tax 14
Program Supplement No. 2 to Local Agency State Agreement No. 22
for FAU Projects Project No. 141) Baldwin Park Blvd.
Merced Avenue to Dalewood Street Continue Until People
in that Area can Express Opinion 14 & 15
Adopt Program Supplement No. 2 and Authorize the Mayor and
City Clerk to Sign Agreement 16
Table Sidewalk Study Until Next Council Meeting 17
Sate of City-Owned Property at 13735 Los Angeles Street 17
Accept $75 Offer and Execute Deed 17
Federal Aid Urban System Highway Funds Approve Concept of an
Agreement with Manhattan Beach to Exchange Funds and Bring
Back Next Council Meeting With City Attorney's Approval of
Legality by Resolution 17 & 18
1980 Functional Usage Map and Study 18
Res. No. 76-38, Approving the City of Baldwin Park's Portion
of the 1980 Functional Usage Study and the Designation of
Federal Aid Urban Routes in Said City Adopted and Certified
Copy Forwarded to California Department of Transportation 18
Property Maintenance Program City Manager Study Enforce- 18-20
ment In-house and Report Next Council Meeting 20
Hold Over Animal Control Report Until Next Council Meeting 20
Table Direct Election of the Mayor for 30 Days 20
Ord. No. 730 Amending the Zoning Map of Said City and
Rezoning from C-2 to R-1 Zone Case No. Z-392; Applicant:
Battagtia) Adopted 20
RTD Sunset Coastline City Council Wi11 Oppose RTD Sunset
Coastline, R & T, and Proposition No. 15, Nuclear Initiative 20 & 21
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1976 05 19 CC MIN (Ìì Ï JpeIndex Page 2 Majy 19, 1976
Poll Council at Later Date re Budget
John Terry re Fireworks Permit
Page
21
21
Amend Code to Allow 15 Fireworks Permits 22
Ord. No. 731, Amending Section 3054 of the Baldwin Park Municipal
Code re Fireworks Permits Urgency)- Adopted 22
Tom Carpenter re expense of Newsletter and cost of photos and
trips to Hawaii and public nuisance procedure 22
Michael Dargus re Truck Parking on Moran's Property and
Trip to Hawaii 22
Adjourned 11:40 P.M. 23
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1976 05 19 CC MIN (Ìì Ï JpeCCC^907
REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL
CITY HALL 14403 East Pacific Avenue
The City Council of the City of Baldwin Park met in regular
session at the above place at 7:30 p.m.
Councilman Hamilton led the salute to the flag,
Invocation was given by Pastor Harvey Boese, Neighborhood
Church.
Roll Call: Present: COUNCILMEN AGUILAR, BLEWETT,
HAMILTON. KITCHEL, AND
MAYOR WALDO
Also Present: ACTING CITY MANAGER SEXTON,
ACTING CITY ATTORNEY RITCHIE.
DIRECTOR OF PUBLIC WORKS LATHROP,
DIRECTOR OF PLANNING KILGOUR,
FINANCE DIRECTOR HALLOWAY,
LIEUTENANT CHELLINO, CITY
TREASURER MONTENEGRO AND
CITY CLERK BALKUS
Absent: CHIEF OF POLICE ADAMS
00-
MINUTES OF APRIL 26 AND MAY 5. 1976 APPROVED.
M/S/C: BLEWETT/HAMILTON.
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TREASURER'S REPORT OF APRIL 30, 1976 RECEIVED AND FILED.
M/S/C: BLEWETT/KITCHEL.
00"
Mayor Waldo commended a 12-year old boy, Stacy Aldrich,
3513'Millbury Avenue» for protecting a little boy from a
5' garter snake and in so doing, was bitten on the hand.
A copy of tne Resolution was given to Stacy as a token of
the City's recognition of his unselfish and heroic action.
Mayor Waldo read in full:
RESOLUTION NO. 76-36, COMMENDING STACY ALDRICH
FOR HIS HEROISM IN PROTECTING A LIFE
RESOLUTION NO. 76-36 ADOPTED.
M/S/C: BLEWETT/HAMILTON. There were no objections.
00-
City Clerk Balkus read by title:
MAY 19, 1976
7:30 P.M.
FLAG SALUTE
INVOCATION
ROLL CALL
MINUTES 4/26 &
5/5/76 APPROVED
TREAS. REPORT
4/30/76 REC. & FILED
RES. NO. 76-36
COMMENDING STACY
ALDRICH FOR HEROISM
IN PROTECTING A LIFE
RES. NO. 76-36
ADOPTED
RESOLUTION NO. 76-35, ALLOWING CLAIMS AND DEMANDS
AGAINST THE CITY OF BALDWIN PARK
RES. NO. 76-35,
CLAIMS & DEMANDS
4946 5051;
PAYROLL 4/18
5/1/76
Councilman Blewett said he had expressed disapproval of the
trip to Hawaii and, on being potted later, had said he stilt
fett the City would receive no benefit from the trip. He
had checked and found that the only cities who sent anyone
were Pasadena and the City of Industry, who sent 4 people.
His objections were to Warrant No. 5010, a travel advance
to Councilman Kitchet, Warrant No. 5036. a travel advance
to Acting City Manager Sexton and Warrant No. 5019 for 2
registrations to the NAHRO Conference in Hawaii. He was
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Regular Meeting of the Baldwin Park City Council May 19, 1976
Page 2
not objecting to paying the bi11 on Warrant No. 5026 to
Park Photo as the bi11 is owed; however, he understood some
of it was for supplies for Mr. Sopicki.
Director of Finance Halloway confirmed that 3 statements had
been signed as received by Mr. Sopicki; one for $258.54, one
for $7.89, and the third one being $32.97.
Councilman Blewett stated Mr. Sopicki's contract specifically
states that he will furnish all materials related to his job.
He is not an employee of the City and is a subcontractor for
the City, so an expenditure by the City would be an illegal
expenditure. The contract is for $4000 every 90 days and
Mr. Sopicki is to furnish all paraphernalia related to his
job function.
Acting City Manager said he wanted to clarify that Mr. Sopicki's
dollar amount is not to exceed $4000 and that does not mean
that he is employed for $4000.
Councilman Hamilton reconmended that the Acting City
Attorney obtain a copy of the contract and that Warrant
No. 5026 be deleted until clarified by the attorney.
Councilman Kitchel said he thought it was petty to scrutinize
expenses in this fashion for personal reasons and told
Councilman Btewett that it amazed him that he did not know
what NAHRO represented and what its function was on the
national, state and local level. He said on his trip he
spent a great many hours in various meetings represented
by participants from throughout the United States and
that a lot of knowledge was received and that Baldwin Park
has a great deal to win by its participation in the organ-
ization. He had attended economically and plans to
present a prepared statement at the next Council Meeting
regarding what happened in Hawaii and a recommendation
that the City Council participate in the organization.
He said NAHRO was an organization that had been in existence
since 1935 and has worked very effectively in redevelopment
and housing. There was widespread participation at the
conference by housing authorities, commissioners and
elected officials.
Councilman Aguilar objected to arrant No. 5013, $100.00
for the Lynwood Jaycees rental of float for the Baldwin
Park Parade. He asked why the City was bitted for it
when the Chamber of Commerce receives $20,000
yearly for their contract which should cover this.
He wanted to hold Warrant No. 5030, $232.72 for payment
of 10 dozen T-shirte for Parks & Recreation.
Director of Finance Hattoway said the T-shirts were for
the playground leaders and employees, with a stenciled
emblem on them. He said a large number of part-time
employees are hired and he assumed this was a year's supply.
Councilman Hamilton said the bill for Parks & Recreation
has been paid by the City in past years, but suggested
maybe taking a long look at some of these things for
the new budget. He said the majority of the Council
had approved the spending of the money for travel, but
suggested holding over the biltinq from Park Photo
until the contract with Mr. Sopicki was clarified.
RESOLUTION NO. 76-35 ADOPTED, WITH THE DELETION OF
WARRANT NOS. 5013 AND 5026. AND FURTHER READING WAIVED.
M/S/C: AGUILAR/KITCHEL. Roll Call. There were no
objections.
00-
City Clerk Balkus administered the oath to those in the
audience desiring to be heard during the meeting.
RES. NO. 76-35
ADOPTED WITH DELE-
TION OF WARRANT
NOS. 5013 AND 5026
OATH
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1976 05 19 CC MIN (Ìì Ï JpeRegular Meeting of the Baldwin Park City Council
It was the time and place fixed for a public hearing on
an appeal from the decision of the Acting City Manager
on 76-N-4 to determine whether certain premises and
structul^&S constitute a public nuisance at 13409 East
Garvey Avenue Mrs. Eugenia Igna),
Proper mailing notice had been accomplished.
There were no written protests.
Acting City Manager Sexton said this case involves some
violations of some building codes relative to health
and safety of a trailer park. He explained that this
appeal is based on a hearing held recently which Mrs.
Igna and her attorney did not attend. Based on the
findings he had ruled that, due to no testimony to the
contrary, and the facts presented, her trailer park
and the conditions there constitute a Nuisance and would
have to be abated. Mrs. Igna was duly notified by tetter
and was now exercising her rights to appeal that decision
before the City Council. He said the Health Department
had made an inspection of the premises and he distributed
copies of their inspection report for review of the
Council, along with other information and facts.
Mr. George Kasem, 260 South Glendora Avenue, West Covina,
attorney for Mrs. Igna, said it is their intent to try
to comply with the Code. He said the allegations were
numerous, but the particular references to what Code
violations there were, were absent. There was a
Statement of Facts but not by what authority they have
to be improved. He felt some of the remedies requested
were unreasonable or exceeded authority and asked that
the matter be deferred for 30 or 45 days to allow him
time to discuss the matter with the appropriate officials
to refine what they can agree needs to be attended to.
Due to the time element involved, he asked that the
matter be continued to another date.
In response to Mr. Ritchie's inquiry regarding his lack
of attendance at the.original Hearing, Mr. Kasem said
he had a court appearance that day and thought he had
made a verbal request through his office that the hear-
ing be set at another time.
Mr. Sexton said he personally was not aware of such a
request and that the Staff should advise him if they
had any knowledge on this. There was no confirmation
from the Staff)
Acting City Attorney Ritchie said these are serious
matters of concern to the City and that Mr. Kasem*s
request for an extention becomes less reasonable in that
he didn't take advantage of the time that was given to
him in the prior proceeding to respond,
Mr. Kasem said Mrs. Igna*s son has spent a11 his available
time and Mrs. Igna has contacted a contractor, Mr. Montenegro,
as an approach to correct the conditions. There was uncer-
tainty in their mind about the legitimate requirements and
he didn't think there was that much urgency.
Mr. Sexton said Staff had advised him that this condition
was discovered March 9, 1976 and on March 19» after an
Investigation had been made» Mrs. Igna was given order to
comply in 15 days and was given 60 days to complete repairs.
He commented it was now May 19 and to his knowledge very
little action had been taken in the trailer park that he
understood was unfit for human habitation that could lead
to sickness or disease.
Continued)
OCC7909
May 19, 1976
Page 3
APPEAL PUBLIC
NUISANCE CASE
76-N-4 13409
E. GARVEY AVE.
MRS. IGNA
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Regular Meeting of the B.a1,dwin Park City Council
Mr. Kasem was given a copy of the Health Department
Inspection Report dated May 3, 1976. He said it would
have been helpful to have had it before. They will want to
test the proof of the allegations and will try to correct
those that are deficiencies. He said Mrs. Igna's son and
Mr. Montenegro have made contact with the City and he had
asked Mr. Cunningham recently if the matter could be put
over to another time but he said it had been set for this
Council Agenda.. He asked for a continuance of a shorter
period of time since the time factor seemed to be a critical
and important thing.
Acting City Attorney Ritchie advised that it would be
appropriate to ask the Staff to comment on the advisability of
a continuance and what they think about the time factor.
Mr. Lathrop concurred with Mr. Sexton in saying the health
and safety of the occupants are involved and recommended that
the Hearing be held this evening.
CONTINUANCE DENIED AND HEARING HELD TONIGHT. M/S/C:
HAMILTON/AGUILAR. There were no objections.
Mr. Ritchie explained that this was a de novo hearing on an
appeal from the decision of the Acting City Manager that a
public nuisance exists. The whole case wilt be heard from
scratch" and the Staff's burden is to present the facts so
that the Council can make the findings that were already
made by the Acting City Manager. Then the appellant has an
opportunity to put on any testimony she wishes and be heard
in respect to her position. After that, the Council will
make a decision.
Mr. Richard Cunningham, Building Regulations Supervisor,
presented the background information on the property in
question, 13409 East Garvey Avenue, Wolverine No. 2, owned
by Mrs. Eugenia Igna. He said first records of the property
were dated in 1944 and it was known as the H & H Auto Court
and consisted of two stores, two cabins and a residence.
William Hanes constructed two-room cabins to make a total of
6 rooms. In 1947 Artie Gripe established the present trailer
park with 20 spaces in addition to the cabins. In 1959 the
property was purchased by Mrs. Igna. In 1964 a permit was
issued to Mrs. Igna to convert one of the store buildings
into 4 motel units, making 10 units on the property and a
residence. There are no records of any further conversion
permits; however, there are now 12 single family units on the
property, advertised and rented as apartments. AH of the
original units were either cabins or motet units and all of
the 4 units, as specified in 1944, were built without kitchens.
The present kitchen in those units was formerly a wardrobe,
approximately 3 ft. wide. On March 1, 1976, a complaint was
filed with the Building Department that a ceiling had fallen
and injured a baby. Upon investigation of the complaint, it
was found that the baby had a black eye and a gash on the
back of the head. Other residents of the park made complaints
while the inspection was being made. It was determined from
the verbal complaints and the brief inspection that there was
sufficient cause to make a new, detailed inspection of the
entire area. A letter was sent to Mrs. Igna on March 2, 1976,
requesting a joint inspection. The next day, Mrs. Igna called
and said she couldn't make it but that her manager could make
the tour with the inspection team. A letter dated March 19, 1976
included a copy of the inspection report and was sent to Mrs.
Igna, advising that the permit would be required for the correc-
tions by a licensed contractor and requesting that the permit be
obtained within 15 days with all corrections to be completed
within 60 days. At the expiration of 15 days, when there were
no permits taken and no contact by any licensed contractor,
it became obvious by telephone conversations with Mrs.
Igna, that nothing was going to be done. It was then
Continued)
May 19. 1976
Page 4
CONTINUANCE DENIED
& HEARING HELD
TONIGHT
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Regular Meeting of the Baldwin Park City Council May 19. 1976
Page 5
determined to set a public hearing for April 19, 1976 with
the City Manager. Mrs. Igna was notified of the date and
time of the hearing. A letter was received from Attorney
Kasem, advising that he was the attorney for Mrs. Igna and
that he would tike to arrange for a meeting prior to that
hearing; however,' he did not follow up his tetter and request
a second appointment. There was no representation by either
Mrs. Igna or Mr. Kasem at the hearing. The facts and evidence
presented by the Staff were considered by the Hearing officer
and the property was declared a Public Nuisance and it was
advised that the recommendations of the Staff would be in
effect. Mrs. Igna was duly notified of the results of the
hearing and was again ordered to make all the corrections
in accordance with the inspection report as of the March 9^
1976 inspection within 30 days. An appeal to this notice
and order has been duty filed by Attorney Kasem on behalf
of Mrs. Igna, dated April 28, 1976. Mr. Cunningham referred
to copies of the inspection report in the agenda packets
containing the findings of the inspection. He said he
would show slides of the property, verifying the findings
of the inspection. He confirmed that a copy of the
report of the March 9 inspection had been sent to Mrs. Igna
by certified mail several days after the inspection. He
presented slides by identification numbers, starting with
slides of the dwelling units. D-1 showed water damage to
the ceiling and inadequate vents. He said vents are
required to be 80 sq. inches while these are approximately
36 sq. inches. At the time the permit was Issued, the
vents met the Code as the permit stated the room would
be used as a wardrobe rather than a kitchen. The ceiling
had been repaired but the roof had not been repaired,
and the moisture is rotting the plaster and it could fail
Into the room. D-2 also showed vent and water damage on
celling. D-3, a slide of Unit 11, showed water damage on
ceiling and the beams where the remodeling had been done 3
to convert the store into a motet unit. D-4 showed water
damage to watts. D-5 showed celtotex type ceiling sagging
due to water damage and repainted many times and repaired
with strips to hold it up. It has become quite heavy
from being repaired with spackte and plaster and is
dangerous in that when it becomes water logged it could
fall. 0-6, in Unit 5, showed the ceiling that became
water logged and fell, injuring a baby. The ceiling *
is made from a cellulose material composed of glue and
fine wood pulp and is a legal ceiling when it is in
good repair. D-7 showed the shower rooms that had been
added on to the store, during the conversion of the units.
He pointed out that there was no rat proofing on the
access to the tubs and plumbing and the required screen
was missing. D-8 showed the original motel unit which
had been constructed In 1944 and the water damage on
the watt. D-9 was a picture of the Wolverine Trailer
Park. showing a sign Trailers and Apartments for Rent"
He requested that Planning Director Kitgour explain
why this was a violation of the Code.
City Clerk Batkus administered the oath to Mr. Kitgour.
He said the significance between apartment aftd motel
units is that a motet unit is a permitted use within the
commercial zone white apartments are not permitted
within the commercial zone. The imits which were
being advertised and used as apartments are being
used in an illegal manner, according to the zoning
Code of the City of Baldwin Park. The difference
between a motel and an apartment is that a motet
is rented on a day-to-day basis for transient occupancy
and does not contain kitchen facilities, white an
apartment unit is a dwelling unit for families and
continued)
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Regular Meeting of the Baldwin rk City Council
May 19, 1976
Page 6
contains kitchens. These units do contain kitchens and
are being rented out as apartments.
Mr. Cunningham said that Slide No. 10 showed the rotting
overhang of the laundry facilities, the broken windows
which were boarded up, graffiti on walls and the timbers
which are rotting away and snoutd be repaired. The roof,
above the door, was rotted out and hanging loose.
Mr. Ritchie asked if it was a Code violation to have
windows in the condition these were in. Mr. Cunningham
said it was not a violation to have them boarded up,
but said that it would be a violation of the Municipal
Ordinance if this is so declared a Public Nuisance as
a diminuation of property values of the adjacent properties
by appearance only. He explained that 10% of the floor
area must be in windows and half of the windows must be
operable. He said there may be windows not shown which are
open and that it is possible to provide mechanical venti-
lation by fans which could take the air off and bring it
to Code.
Mr. Cunningham referred to the next group of slides of
the trailers themselves. T-1 showed the flimsy landing
of the trailer with no guard rails. He said he found
this condition with most of the trailers and that it
violates Section 3305 of the Building Code on Steps and
Stairs. T-2 showed the trashy conditions between trailers
which should be cleaned up. He pointed out on T-3 the
insulation falling out from under the same two trailers.
This condition of inadequate insulation would be in
violation of the State Code and the debris would be
covered by Section 7600 of the Municipal Code. He ex-
plained there is no requirement for a skirting around
the trailer. The trailer must be 18 inches minimum
above the ground with nothing allowed to be stored
under it as a requirement of the State Code. T-4 showed
the hazardous condition of the steps with no hand rails
or guard rails. He said it appears there is inadequate
support under the trailer and felt Mrs. Igna or her
contractor should investigate and make sure the trailers
have adequate support such as jacks, as concrete blocks
are not recommended by the Code. The new State Code
contains set requirements of how the trailers may be
blocked up with a regular concrete block with jacks.
Mr. Ritchie asked Mr. Cunningham if he tied specific
conditions to specific trailers and units when the violations
were listed in his report. Mr. Cunningham replied that he had
T-5 showed inadequate steps and supports under the trailer.
Mr. Cunningham pointed out the old furniture in the back-
ground behind the children in the picture, who were in-
habitants of the park. T-6 showed the trash and debris.
T-7 illustrated an unsupported heating vent coming up
out of the heater cabinet and the furniture and trash
in the background.
Discussion followed as to the water heaters being
outside the trailer. Mr. Cunningham established that
these water heaters had been designed for the old
trailers which had no water heaters or, in some cases,
the water heaters had burned out and been replaced by
this type of substitution, and that if done according
to Code, this type of device was a legal means of
providing hot water. He explained that if the standpipe
rusts away or falls off it could without a support cause
an extreme fire hazard and could allow gas fumes inside
the trailer or fall and injure someone.
continued)
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Regular Meeting of the Baldwin Park City Council May 19, 1976
Page 7
Mr. Cunningham identified the next slide as P-1, showing
a water heater with no vent, a door missing from the cabinet
and a flex line running through the wall of the cabinet to
provide gas for the heater, which is illegal. When the
door is missing, he said the wind may Dlow the flame out.
An old mattress lay on the ground near the trailer.
P-2 shower j^watir^lieater cabinet with no vent. The
sewer line 7s of black ABC plastic pipe tied to the trailer
itself. The Code requires the ABC cast iron or steel
pipe to be tied to the 10-ft. pole. Mr. Cunningham explained *
the fumes from the unvented water heater could cause asphix-
iation from carbon monoxide but would not cause an explosion.
A 4" x 4" held electrical services in place.
p-3 showed the sewer line coming from the trailer going
into an elbow. Mr. Cunningham said it is broken and that
ft is obvious from the leaks around it and the debris
that they pulled out of the sewer line that it had stopped
up, been cleaned out and thrown aside some time ago. The
sewage now flows out on the ground. He said this condition
had been mentioned in both reports. The trailer wheels
are shown into the ground, due to lack of support. A
water line shown was a violation, as it should be a inch
copper line and appeared to be 1/4 or 3/8 inch line.
i
P-4 showed a water heater with inoperative ftex lines
running through the watt and an inoperative water heater.
He explained the gas should run through a rigid pipe through
the wall, and then use a flex line.
P-5 shows a round object at the bottom of the trailer
skirt which is cut out. He said this was a T" and
was the vent where the vent stack went up from the sewer
line. The vent stack has been broken off and is missing,
and he said with any stoppages at all in the sewer line,
the sewage pours out on the ground. The vent should
be replaced. The vent was hand tied to a 10 ft. high pole.
P-6 shows a water heater with a cabinet door missing. The
flex lines ran through the cabinet walls and the vent was
missing. Mr. Cunningham pointed out the emergency exit to the
trailer, saying that the utility lines all interfere at
the exit, creating a dangerous condition.
t
P-7 showed a water heater with inadequate protection, as
the door is missing. There is inadequate support under
the trailer itself. The vent stack is short, as It
should extend 12 inches above the trailer.
E-1 showed the electrical service from the trailer.
Mr. Cunningham noted that the cord from the trailer is
tied directly in to the meter base, bypassing all the
fuses. He said there was a direct feed from the electrical
lines right into the trailer, with no overload protection.
E-2 showed a penny in a tower socket being used as a fuse.
Mr. Cunningham said this forms a direct line with no fuse
protection and that the whole circuit should be placed in
a weatherproof enclosure.
E-3 showed a 30-amp fuse with No. 12 wire coming down
from the overhead feedtine, white a No. 12 wire, he said,
was only good for 20 amps, thus causing a dangerous
situation that could cause a fire.
E-4 showed the electrical pole without adequate weather protection
in the near front, while the pole in the rear has fallen
against the fence and is not adequately protected.
continued)
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Regular Meeting of the Baldwin Park City Council
May 19, 1976
Page 8
E-5 showed that the fuse box had been entirely bypassed
with the cord from the trailer tied directly into the
meter base, eliminating all protection. Mr. Cunningham
stated this was open to the weather and that if it rained
in there, it could short out the whole system and cause
a fire or someone could be electrocuted. He said he
had warned the children who followed him around while
he was taking pictures not to try to get the pennies out
of there.
E-6 showed the penny again in the fuse box. Mr. Cunningham
sa]d the cord had been wired direct, instead of having the
receptacle on it and plugged into the receptacle base.
He noted that the green cord, which would be the grounding
cord, was hanging loose.
E-7 showed the service pole that had been tied to the fence
with rope to keep it from falling. There was no weather
protection for the electrical service and the service pole
was rotting out at the base.
E-8 showed the electrical service cord again wired directly
into the meter base. A chain and a pole are braced against
the electrical pole to keep it from falling down, with no
protection for the trailer.
E-9 showed a leaning pole that.Js, rotting out at the bottom,
having been braced on the^de. and w^th^, weather protection;.
Mr. Cunningham clarified that these services were not in-
stalled by Edison Co. He said there is a main service
that is fed by Edison, coming in^o t^e, park and then being
fed by the park itself to each individual unit. The
Edison Co. charges the park one pric?, but, he s&j^ he
didn't know if Mrs. Igna had the meters remand charged
the rates. /-,-,
Mr. Cunningham said this concluded^ the'^howing of, the slide's.
Acting City Attorney Ritchie asked if ther^ were any other
documents that should go into,thj,s, recprd other; jbhan, the
Inspection Report that wa^ sent to Mrs. goa and the, oov?r^,
tetter of March 19 and the slides., \ E l i
Mr. Cunningham said he would like to have the Health Depart-
ment document entered into the, record,as,a part of these
proceedings, as in the Municipal Code. Section 7600* sub"sje?tion h.,
the Health Officer is specified as^heJping^to ma^a
determination. He stated the City has a' contract, wifl^
the County Health Department to provide health services
for Baldwin Park and he felt their report should become
a part of the City's investigation /
Mr. Ritchie clarified that the, Mayo r'shpuld ipake a ruling
that these matters be receiver and.tti^t, if Attorney Asem
wants to be heard on that point he should be heard.
A
Mayor Waldo ruled that the Inspection Report, cover letter
to Mrs. Igna dated March 19, slides, and health report be
received and filed. There were no objections.
Attorney Kasem said he wanted the record to show that he
objected to the Health Department inspection report
being received.
continued)
INSP. REPORT,
COVER LETTER TO
MRS. IGNA DTD 3/19,
& SLIDES REC'D
& FILED
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Page 9
Mr. Cunningham said it was the recommendation of the Staff
that the determination of the Acting City Manager as of the
Hearing of April 19, 1976 stands and that the corrections
be so ordered for abatement within a 30-day period.
Acting City Attorney Ritchie clarified that this would be a
new 30-day period starting from the date on which the City
Council takes action. He advised that if there was no further i
testimony from Staff, that the appellant, Mrs. Igna, or her
attorney or anyone there should be allowed to speak re
Public Nuisance Case 76-N-4. L
Mayor Waldo declared the Public Hearing open on 76-N-4 PUBLIC HEARING
P.N. 76-N-4
i
Attorney Kasem requested 60 days rather than 30 days to
make corrections, if they were valid complaints, as he
felt the time limit would be impossible to meet. If the
Council would assent, he would submit to that; if not, he i
would then examine Mr. Cunningham on some of the items, t
Mr. Ritchie advised that Section 7607 states that at the
time set for the de novo hearing, the City Council shall
determine whether a nuisance exists. The Council's decision
shall contain informal findings upon which said determination
is based; and shall also recite the time and manner of
abatement of the nuisance, if one is found to exist; if no
time is stated, the property owner shall abate the same
within thirty 30) days after the mailing of a copy of the
Council's order to the affected property owner. If not, he said
certain other penalties would arise. So he said the Council
can fix the date of abatement and they can extend it beyond
the 30 days or could make it less than 30 days; if no time
is set, it would be 30 days under the Code from when notice
is sent. He clarified that a request for the continuance
of the Hearing had been denied and that the Hearing was going
forward to hear testimony and make a finding as to whether a
nuisance exists on the property and what should be done about
it and how much time should be allowed to abate it.
Mr. Kasem said he had many questions about many things but
would urge his client to comply with the requests of the
City within the 60-day period. He stated they see many
things they do not feel they could successfully challenge,
but see things they feet they could challenge. He said
they have been deluged with a considerable number of
itemizations;feels they could ask for considerable more
clarification about when some things did or didn't meet
Codes, or whether things were inspected to see if adequate
substitutes had been used. He stated he did not think a
lengthy cross examination at this time would be beneficial.
He said if they could have that 60 days, he would make
some arguments on some of the items but eventually he
would submit the matter. He explained that he feels
they are entitled to be advised in what manner she is in
violation and that the report does not tell them that.
They are only told what the City feels they should do.
He stated he did not think they were required to do a11 that the
City wanted them to do, but only what the law requires
them to do. He felt there should be a reference to a
specific Code section or item to adequately meet the
advisement requirements.
Mr. Cunningham said he could give the attorney the Code
sections that apply in Title 25 and that Mrs. Igna
should have access to a copy of it through the Trailer Park Association
Mr. Kasem said he understood that his client was being
requested to do what the Code required and he wanted
her to do that, if it were economically feasible. She
should be advised of what she is doing that is wrong.
Continued)
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peOCC'317
Regular Meeting of the Baldwin Park City Council May 19, 1976
Page 11
Mr. Igna clarified that Mr. Cunningham had explained
that other repairs not of an emergency, detrimental or
leaking nature would require a permit and licensed
contractor. They only repaired leakage and what was
detrimental to the health of the people.
Mr. Igna said they had not done any work on the sewer line.
Some of the allegations require in a11 trailers that trap
and 3*1 vent be provided. He said they were in years ago
and inspected, and permits to replace them had been obtained
and a11 traps are in place and can be inspected at any time.
He did not know if corrections were made when the tenants
had complained.
Mr. Kasem clarified for Acting City Attorney Ritchie that he
wi11 offer no further evidence at this hearing, but at the
end of the 60-day period if the matter is still unresolved, J
he will exercise any rights that his client has. He said
there were reasonable prospects of taking care of it in
60 days, but he felt there were serious legal questions
about the propriety of finding that may be made because
of the record the way it was.
i
Councilman Btewett asked If 30 days were given whether
an additional 30 days could be extended at the end of
that time. He explained assurance is needed that at the
end of 60 days they won't find that nothing has been done.
He said he would personalty be in favor of giving 30 days
and then extending it 30 days in light of reasonable performance. j
Mr. Ritchie suggested that it be determined at the second i
Council Meeting from tonight, which would be approximately
30 days, whether work is progressing satisfactorily, and if
more time has been requested and the Building Department
concurs, the matter could be handled without further Hearing
and the Council could grant the extension. He said if there k
was a problem and the Staff does not recommend this procedure,
Mr. Kasem could present further argument.
j
Mr. Kasem clarified that the work could be monitored as it
progressed. He submitted the case. i
j
Mr. Ritchie clarified that it was time for anyone opposed to
the City Council making a finding of a Public Nuisance to
give testimony.
\
Tom Carpenter, 4346 Jerry, Chairman of the League to Preserve
Civil and Constitutional Rights, stated that he and Fred
Karns who were running for the office of Councilman, went to 3
the location of Mrs, Igna's trailer court on March 1, 1976,
after Mr. Karns had received a phone call from a tady with a *
Spanish sir name who called him on behalf of a family living
in one of the apartments. She claimed some of the other
candidates had been called but had not responded to help.
She totd them a child was injured, in the hospital, the family
had no money and they could not speak English. He said when
the apartment was unlocked he took pictures, including the
spot where the Celotex had fallen. He said the material was
sponge-like when wet and that the manager totd him the child
was hurt otherwise than by failing material. Mr. Cunningham
had declared the apartment unsafe and also another apartment
which was vacant and had been offered to the family. Mr.
Carpenter said he and Mr. Karns agreed the apartment was clean
and safe and fit for habitation. He took pictures. He stated
he felt there was an endeavor to politically involve he and
Mr. Karns on the night before the election in something they
didn't want anything to do with.
Mayor Waldo asked if it were true that Mrs. Igna had contributed
to his campaign and Mr. Carpenter said that she had.
Continued)
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Regular Meeting of the Baldwin Park City Council
May 19, 1976
Page 12
Mayor Waldo asked if it were true that Mrs. Igna had
contributed to his campaign and Mr. Carpenter said that
she had.
Acting City Attorney Ritchie said this was Mrs. Igna's
hearing and was a serious matter to her with serious
consequences. He said she was entitled to have Council
hear only relevant testimony as to whetner the conditions
exist on the premises and whether they should be abated.
He said discussion on what happened on a political
campaign was inflammatory and argumentative and should
be excluded from the hearing. He asked the City Council
to disregard that testimony in making their judgment
in the case.
Mr. Carpenter said if his pictures came out well he
would give them to Mrs. Igna. He questioned the
validity of the hearing as he said previously all
public nuisances had a public hearing. He quoted-
from Sections 7604, 7605 and 7606 of the Municipal
Code regarding procedures on public nuisances and
abatement. He felt the Public Nuisance hearing
should be public with the Council presiding out now
it has evolved into a private hearing before the
City Manager.
Mr. Ritchie explained this was a proceeding allowing
the property owner to be heard, and that the purpose
of having the City Manager hear it first was that if
the property owner is witling to abate the nuisance
or can convince the Staff they are in error in some
way or can work out the problem, it does not nave to
come to a Public Hearing or burden the Council, and
the matter is resolved fairly for everybody. If the
property owner is not satisfied with the decision,
they are entitled to a hearing de novo, which means
a hearing from the very beginning, as though the
hearing with the City Manager had never taken place.
Each side makes their case without any Denefits from
the old one, so their right to a hearing is fully
protected. There is nothing'that requires a Public
Hearing, but in fairness this was a courtesy to the
owner.
Mr. Carpenter said ne maintained that anyone who had
to pay $50 to appear before the City Council is being
denied their constitutional rights under the First
Amendment.
Attorney Kasem said, they submit.
PUBLIC HEARING PN 76-N-4 CLOSED. M/S/C: BLEWETT/
HAMILTON. There were no objections.
Mr. Ritchie advised that, having heard the testimony
and the evidence and having the documentary evidence
and slides that were introduced, it would be appropriate
to make a determination as to whether or not a nuisance
exists on those premises and should be abated, and that
if that was the finding, to grant the property owner
30 days from this date in which to complete the work.
If, at the second Council Meeting from this date, there
is adequate showing of progress and a request from the
property owner for an extension, the Council would
consider an additional 30 days extension under those
circumstances only. He said if those were the findings,
Continued)
PUBLIC HEARING
CLOSED
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May 19. 1976
Page 13
but he thought the City Council and Mr. Kasem had an
understanding that the matter was to go this way so
that all the Council needed to do tonight was to make
the finding that the facts as set forth in the Inspec-
tion Report are correct and that a nuisance exists on
the premises and should be abated and that the property
owner has 30 days from tonight to complete it, subject
to the understanding.
Attorney Kasem said he had already stated that he didn't
think the Council could properly make such a finding
because he didn't think the advisement to the property
owner was adequate in that it did not specifically set
forth what actions or failures were the factors of the
Nuisance.
Mr. Ritchie clarified that Attorney Kasem had made that
objection for the sake of the record, so that he could
preserve his right to argue that point at a later date.
Mr. Ritchie referred to 16 or 17 pages of the Inspection
Report and said, although each one does not cite for
each property a specific Code section for each violation,
when it says what is Improper followed by the solution
he read an example), all Mrs. Igna would need to do to
find out in what specific regard it is inadequate or
improper would be to ask the Building Department for
more detailed information and they stand ready to give
her that information. He said she did not come to the
meeting deprived of the right to know what the nature
of the violations were, because she was put on notice
as precisely as she needed to be as to what they were.
He stated each violation is spelled out as to what it
needs to correct it. He said he thought the City Council
could property make the finding, noting Mr. Kasem's
objection for the record. He was put on notice in
detail as to the problems.
CITY COUNCIL FIND AND DETERMINE THAT THE INSPECTION
REPORT SUBMITTED IN EVIDENCE ON THESE PREMISES
REFERRING TO AN INSPECTION ON MARCH 9, 1976, AND
CONTAINING APPROXIMATELY 16 PAGES IS SUBSTANTIALLY
CORRECT AND THAT A NUISANCE AS DEFINED IN THE
MUNICIPAL CODE DOES EXIST UPON THOSE PREMISES
AND MUST BE ABATED. AND THAT THE PROPERTY OWNER
IS GRANTED 30 DAYS FROM TODAY IN WHICH TO ABATE
THE NUISANCE AS SPELLED OUT IN THE INSPECTION
REPORT AND TO OBTAIN THE NECESSARY PERMITS AND
DO THE NECESSARY WORK TO ABATE THAT NUISANCE,
AND IF THE PROPERTY OWNER DILIGENTLY PROCEEDS
WITH THE WORK, AND IF PRIOR TO THE EXPIRATION
OF THE 30 DAYS REQUESTS AN EXTENSION. THE CITY
COUNCIL WILL CONSIDER SUCH A REQUEST AND WILL
GRANT SAME, PROVIDING THE WORK IS PROGRESSING
SATISFACTORILY AND DILIGENTLY, TO THE SATISFACTION
OF THE BUILDING DEPARTMENT. M/S/C: HAMILTON/
AGUILAR. There were no objections.
00-
PN 76-N-4 DECLARED
NUISANCE 30 DAYS
ABATEMENT 30-DAY
EXTENSION POSSIBLE
IF WORK PROGRESSING
SATISFACTORILY
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1976 05 19 CC MIN (Ìì Ï JpeOCC'020
Regular Meeting of the Baldwin Park City Council
City Clerk Balkus presented a claim against the City
from Gerardo and Federico Liggins.
CLAIM DENIED AND REFERRED TO INSURANCE CARRIER.
M/S/C: BLEWETT/KITCHEL. There were no objections.
00-
City Clerk Balkus read by title:
May 19, 1976
Page 14
CLAIM GERARDO &
FEDERICO LIGGINS
DENIED & REFERRED
TO INS. CARRIER
RESOLUTION NO. 76-37, NAMING THE AUTHORIZED
PERSONNEL TO EXECUTE APPLICATIONS AND DOCUMENTS
FOR THE PURPOSE OF OBTAINING FINANCIAL ASSISTANCE
UNDER THE FEDERAL CIVIL DEFENSE ACT OF 1950 AS
AMENDED
RESOLUTION NO. 76-37 ADOPTED AND FURTHER READING WAIVED.
M/S/C: HAMILTON/BLEWETT. There were no objections.
00-
RES. NO. 76-37
NAMING AUTH. PERS.
TO EXEC. APPLIC. &
DOCUMENTS FOR PURPOSE
OF OBTAINING FINAN.
ASST. UNDER FEDERAL
CIVIL SERV. ACT OF
1950 AS AMENDED
Acting City Manager Sexton referred to the award of bid
for one 1) 1/2-ton truck for the Recreation & Parks
Department and the information in the packet relative
to it. He recommended that the bid be awarded.
ACCEPT LOW BID OF SOPP CHEVROLET, HUNTINGTON PARK
$4,129.97 INCLUDING SALES TAX. M/S/C: BLEWETT/KITCHEL.
There were no objections.
AWARD OF BID
1/2-TON TRUCK
FOR REC. & PARKS
DEPARTMENT
ACCEPT LOW BID
OF SOPP CHEVROLET
HUNTINGTON PARK
$4,129.97 INCLUDING
SALES TAX
00-
Director of Public Works Lathrop referred to Supplement
No. 2 pertaining to the Baldwin Park Boulevard improvement
project between Merced Avenue and Dalewood Street. He
said this project is to be funded 83.75% with Federal Aid
Urban System funds and, in accordance with federal require-
ments, a supplemental agreement must be entered into with
the local agency of the City of Baldwin Park. This
Agreement supplements a Master Agreement that was entered
into between the City and the Federal Government on October
2, 1974. He said it is a formality required in order for
the City Council to formally endorse the project and to
acknowledge that federal funds are participating in the
project. He recommended the City Council approve the
agreement and authorize the Mayor and City Clerk to sign it.
Councilman Btewett stated he had received inquiries from
several merchants on Baldwin Park Boulevard who were
concerned about the effect the median would have on their
businesses. He asked if this were approved whether this
would be the first step toward putting in a median such
as on Ramona Boulevard where there would be no breaks.
and said if so, he was not in favor of it.
Mr. Lathrop confirmed that this would formalize the project
as it has been designed and submitted to federal and state
authorities. It would be continuous medians on Baldwin
Park Boulevard except for breaks at street intersections.
Councilman Blewett said he would not be at the next
Council Meeting and said he would like to have the matter
continued until such time that the people in that area
could express their opinion as many people are interested
that the median have breaks at certain points.
Continued)
PROG. SUPP. NO. 2
TO LOCAL AGENCY
STATE AGREEMENT
NO. 22 FOR FAU
PROJECTS PROJ. NO.
141) B.P. BLVD.
MERCED AVE. TO
DALEWOOD STREET
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CONTINUE MATTER UNTIL PEOPLE THAT LIVE IN THAT AREA
CAN EXPRESS AN OPINION. M/S: BLEWETT/AGUILAR
May 19, 1976
Page 15
CONTINUE UNTIL
PEOPLE IN THAT AREA
CAN EXPRESS OPINION
Mr. Lathrop stated a delay can affect the City because
the City's entire allocation of Federal Aid Urban System
funds of $585,000 over 3 years has to be obligated by
completion of planned specifications and estimates
submitted to federal and state authorities prior to
June 30, T977. This represents a lot of work that has
to be completed and submitted to the state. Plans and
specifications have been completed in their entirety
and have been submitted and are very close to being
approved. If there.are changes in plans and specifi-
cations, its would mean going back to the situation 9
months ago and time spent in revising plans and resub-
mitting could bring the City right down to the wire.
Councilman Blewett said that he had expressed strong
feelings of himself and others to Mr. Lathrop 60 days
ago regarding the medians and did not like it that
nothing had been done and now they were down to the wire.
He thought especially the people at the intersection of
Francisquito and Baldwin Park Boulevard would be greatly
affected by it and had a right to be heard.
Councilman Hamilton inquired whether there was a chance
of losing the money if the Council did not act upon
the matter tonight.
Mr. Lathrop said if there was an excessive delay there
was a chance of losing a portion of the FAU funding
that was not obligated. Other projects are on the
books scheduled for FAU funding, but this project is
the closest to approval. If approved, the project
would be advertised and work would commence. $241,000
of federal funds are allocated to this project, which is
40-45% of the 3-year allocation to the City.
Councilman Hamilton said all this should be weighed as to
what is best for the City in terms of improvements, traffic
flow and safety. He doesn't feel that businesses will be
badly affected if there are openings at each intersection,
as in his past experience of 40 years in the retail business
these conditions had had very little effect. He wasn't
in favor of the money being given to another City in order
to please only a few people.
Mr. Lathrop explained the 3-year program was submitted to
the City Council in September, 1972, and this project was
included in that program. In 1973, the concept of the
medians and the landscaping to be placed in the medians
was before the Council and then referred to the Planning
Commission, back to the City Council and was finally adopted
Following adoption, the plans and specifications were
submitted to the federal government per instructions of the
City Council.
Councilman Btewett confirmed that the Council he sat on
did approve this and he had expressed great interest in
the medians. He said at no time had he been consulted
about them. He said he was very responsible for seeing
that the double double lines on Baldwin Park Boulevard
were broken at the insistance of merchants on Francisquito
Avenue. In front of his house, where Monterey Avenue
comes into Baldwin Park Boulevard, he said there is a
place where people can turn around and he noticed that
the number of traffic accidents that people were having
Continued)
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diminished the moment the troi.fic lines were broken.
There will be rear end collisions again when the median
is put back up, because there is no left turn pocket
although it is permissable to make a left hand turn.
Mr. Lathrop said there will be left turn pockets to
accommodate left turn traffic at street intersections.
Councilman Blewett said there were a number of streets
that dead end into Baldwin Park Boulevard, coming from
one way three intersections and various other streets)
and there were double lines painted there and they
would drive up and make a U turn to come back to go
somewhere on the other side of the street.
Mayor Waldo said this would not happen if the median
were there because if there was a break in the median
at intersections, there would be a left turn pocket.
Councilman Blewett said left turn pockets are not put
in at T" intersections.
Mr. Lathrop said a left turn pocket is put in for one
direction, but not for both directions. He said there
is not a serious accident problem now or it would have
been investigated.
Councilman Hamilton said if this matter comes up for
discussion it wilt be delayed and if the rules and
recommendations are not complied with, the money wilt
not be received. He did not think there would be a
lot of problem in putting in a left turn pocket after
the median was constructed. He asked if the Council
wants to beautify the streets and make them safe to
travel or forget the $585,000 and give it to someone
else?
Councilman Blewett said the money could be used for
other things, such as repaying streets.
Mr. Lathrop said it could be used to pave an especially
inadequate street. He said Francisquito Avenue was
on the docket as a project for FAU funds.
Councilman Blewett said there was more to it than
stopping one median strip. The trend in the Public
Works budget is to spend more and more on salaries and
less on the improvement of the City. He said a man would
be hired to maintain the median strip and asked an analysis
to go along with the study of the last 3 years' budget in
which the Director of Public Works would show how much
money has gone toward capital improvement and the drift
toward salaries.
Roll Call was taken on the motion. Councilman Blewett
clarified he was asking for an extension of 30 days as
he would not be attending the next Council Meeting)
CONTINUE MATTER FOR 30 DAYS UNTIL PEOPLE THAT LIVE
IN AREA MIGHT HAVE THE RIGHT TO SPEAK ON IT. Ayes:
BLEWETT/AGUILAR. Noes: KITCHEL/HAMILTON/WALDO.
The motion did not carry.
ADOPT PROGRAM SUPPLEMENT NO. 2 AND AUTHORIZE THE MAYOR
AND CITY CLERK TO SIGN AGREEMENT. M/S/C: HAMILTON/
KITCHEL. Roll Call. Ayes: HAMILTON/KITCHEL/WALDO.
Noes: BLEWETT/AGUILAR. The motion carried
00-
May 19, 1976
Page 16
MOTION DID NOT
CARRY
ADOPT PROG. SUPP.
NO. 2 AUTH.
MAYOR & CITY CLERK
TO SIGN AGREEMENT
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Regular Meeting of the Baldwin Park City Council
TABLE SIDEWALK STUDY UNTIL NEXT COUNCIL MEETING.
M/S/C: AGUILAR/BLEWETT. There were no objections
May 19, 1976
Page 17
TABLE SIDEWALK
STUDY UNTIL
NEXT COUNCIL MEETING
00-
Director of Public Works Lathrop stated that at the last
Council Meeting a Public Hearing had been held on Specific
Plan No. 3, which had established a future alley along
the rear of certain lots north of Los Angeles Street
between Walnut and Merced Avenue. This was deleted from
the Specific Plan and the Staff was instructed to contact
the property owner, Mr. Theodore Delianedis, regarding
submitting an offer on the property adjoinging the City
property, which is 30' wide by 60" wide. Mr. Delianedis
has submitted an offer of $75.00 to the City. Mr. Lathrop
said this piece of property would benefit no one but
Mr. Delianedis, He has units on that property at 13735
Los Angeles Street and one of his units rests extensively
on the piece of City-owned property. He is trying to
sell the property and can not with a cloud on the title.
ACCEPT $75 OFFER OF MR. DELIANEDIS AND EXECUTE DEED FOR
SALE. M/S/C: AGUILAR/HAMILTON. There were no objections
SALE OF CITY-OWNED
PROPERTY AT 13735
LOS ANGELES STREET
ACCCEPT OFFER AND
EXECUTE DEED
00-
Mr. Lathrop referred to his report on Staff conversation
with Manhattan Beach regarding Federal Aid Urban System
Highway Funds. Manhattan Beach has found that it is in
a position where its major streets that are eligible for
FAU funding are basically completed and stands to lose
the remainder of funds unless it can find a City to use
them. The Staff has negotiated with them to acquire
$360,000 of its FAU funds in exchange for $198,000/2106
Gas Tax Funds at 55<t on the $1.00. Mr. Lathrop stated
this is an excellent trade off of dollars and would
multiply existino highway funds for future highway
projects. Manhattan Beach has agreed to accept this
payment at the rate of $9,000 per month over the next
22 months and the exchange of $360,000 of FAU funds
would be available to the City immediately if we have
such projects. Mr. Lathrop referred to Project No.
141, Baldwin Park Boulevard project, Francisquito
Avenue, improvement of Merced Avenue and Olive Avenue
In the northwest portion of the community as projects
for FAU funding. Manhattan Beach City Council has
adopted a Resolution and an agreement to consummate
the exchange of funds, provided the City Council of
Baldwin Park agrees to the exchange.
Mayor Waldo asked if this exchange was legal.
Acting City Attorney Ritchie clarified that if the Council
approved the concept, he would prepare a Resolution after
looking into the legality of the exchange.
Mr. Lathrop said this exchange has been done before and the
legality has been tested.
Councilman Kitchel asked the difference in how the FAU
money and Gas Tax money are expended.
Mr. Lathrop explained that on Gas Tax funds the City has
a select system of streets which are eligible for Gas
tax expenditures. There is another system
Continued)
FEDERAL AID URBAN
SYSTEM HIGHWAY FUNDS
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May 19, 1976
Page 18
of streets which coincides to a great extent with the
select system of streets but does not include all of
them. He said there is a great deal more freedom in
the expenditure of Gas Tax funds than with FAU funds
as there is a great deal of control exercised over
the FAU fund projects by the federal authorities. If
they disagree with a change in a project after it has
been approved, they may withhold all or some portion
of the federal funding for that project. There is
more flexibility with Gas Tax funds.
APPROVE CONCEPT OF AN AGREEMENT WITH MANHATTAN BEACH
TO EXCHANGE FUNDS AND BRING BACK NEXT COUNCIL MEETING
W.ITH CITY ATTORNEY'S APPROVAL OF LEGALITY BY RESOLUTION.
M/S/C: HAMILTON/KITCHEL.
Councilman Blewett asked if there were any more
median strips planned?
Mr. Lathrop said with the completion of median strips on
Baldwin Park Boulevard, both north and south, there are
no median strips planned.
APPROVE CONCEPT
& BRING BACK NEXT
C.C. MTG WITH A.C.,
LEGALITY BY RES.
The motion carried. MOTION CARRIED
00-
Director of Public Works Lathrop referred to the 1980
Functional Usage Map and Study which he said also
relates to the FAU funding for City street improvements,
and is a matter required to put the City in a position
to receive funding for these projects by sanctioning
and adoption of a Resolution. He recommended that the
Resolution be adopted. City Clerk Balkus read by title:
RESOLUTION NO. 76-38, APPROVING THE CITY OF
BALDWIN PARK'S PORTION OF THE 1980 FUNCTIONAL
USAGE STUDY AND THE DESIGNATION OF FEDERAL AID
URBAN ROUTES IN SAID CITY
RESOLUTION NO. 76-38 ADOPTED AND FURTHER READING WAIVED
CERTIFIED COPY FORWARDED TO THE CALIFORNIA DEPARTMENT
OF TRANSPORTATION. M/S/C: HAMILTON/KITCHEL. There
were no objections.
00-
Mr. Lathrop said the City Council had ordered the Staff
to initiate and report back on the Property Maintenance
program. The staff has made an extensive study in
regard to reactivating the program. He referred to
his Staff report which recommended that the Property
Maintenance program wilt be for the purpose of having
the entire City studied on an orderly basis to make
certain that properties measure up to a certain minimum
level of maintenance. His report covered operating
procedures for the program, with requirements for
personnel, equipment and funding for the fiscal year
1976/77. He stated that the well maintained properties
should be commended by a letter from the City. He
stressed that the personnel put in the field should be
highly trained, public relations should be emphasized
so the public understands what the program is, and
alt factors would be taken into consideration in
the field inspections. He referred to his report
which listed personnel, equipment and funding require-
ments and said the total funding requirement for the
program would be $68,728. He explained that certain
items of staff and equipment are presently available.
In addition, the service contract costs would be
reimbursable, making reimbursable costs $26,500,
continued)
1980 FUNCTIONAL
USAGE MAP & STUDY
RES. NO. 76-38. APP.
B.P.'S PORTION OF
1980 FUNCTIONAL USAGE
STUDY & DESIGNATION
OF FAU ROUTES
RES. NO. 76-38
ADOPTED & CERTIFIED
COPY FORWARDED TO
CALIF. DEPT. OF TRANS
PROPERTY MAINTENAN<
PROGRAM
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Regular Meeting of the Baldwin Park City Council
leaving a net cost of implementing the program of $42,168,
Councilman Blewettobjected to the salaries listed as being
too highland said he wanted the Code enforcement program
to be administered by the Public Works Department with
Mr. Cunningham's direct supervision. He inquired about
additional hiring of employees.
Mr. Lathrop said the Clerk Typist's position is presently
unfilled but was in the table of organization. He explained
that salaries mentioned include fringe benefits and do not
represent take home pay. Fringe benefits constitute about
18% in addition to the basic salary of the employee.
Councilman Hamilton referred to enforcement in the past,
saying it had been done with the staff and maybe some
employees on the CETA program. He suggested that a man
already in City Halt be utilized into the program and
that a new automobile could be purchased.
Mayor Waldo referred to a 3-whee1ed motorcycle which had
been purchased to check parking violations and stated it
was now gathering dust.
Mr. Lathrop stated he did not have spare personnel to
conduct inspection and enforcement, other than the one
clerk-typist.
Mayor Waldo said he wouid like the Director of Finance
to conduct a study before the employee was taken away
from his duties collecting business licenses. He stated
new visitors in town do not always purchase licenses
and that licenses are predecated on how many employees
the business has and some licenses were purchased some
time ago. He said the former enforcement officer had
told him that he was out only a short time and had
brought in $2,000 but that now he spends half his time
in City Halt cashiering and half out of the office in
the field. He asked Director of Finance Hatloway how
many dollars were being lost in business licenses not
recorded.
Mr. Hattoway said that one of the problems in having
the employee in the field collecting business licenses
was the lack of a vehicle for the employee.
Mayor Waldo stated other cities make a big effort to
check on anyone making deliveries or conducting business,
and that it only takes a few times after being penalized
to decide to take out a business license.
Councilman Hamilton stated he was looking for full
production from the employees and suggested a girl
could cashier while the employee with the background
be in the field performing law enforcement and abatement.
He felt it was very important that the City be cleaned
up as it is deteriorating, but wanted it done as
economically as possible. He asked for a report.
Mayor Waldo asked him which job he wished Mr. Palmer
to do enforcing business licenses or property maintenance.
Mr. Hatloway explained there are in excess of 2,000
business licenses in the City and a lot of research
involved to enforce licenses. He said when a person
comes in and makes application for a business license
and is going to occupy a building, the Planning Department
continued)
May 19, 1976
Page 19
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May 19, 1976
Page 20
and the Building Department are made aware and there is
a coordination system and referral between departments
for the proper licenses.
Mr. Kilgour clarified further that a person who comes
in for a business license gets the application for a
business license, is routed through Planning, Building,
fire and health department, if necessary, and gets
clearances through each involved department before
his business license is obtained. If someone is
occupying a building, he is notified that he is required
to get a business license and then goes through the
occupancy inspection. Sometimes remedial work is necessary
Acting City Manager Sexton stated that the report was
merely informational as to what it would take to put
together a full program of Code enforcement in housing
and building and funding it property to achieve the
results that were expressed at the joint meeting with
the Planning Commission. He said a stop-gap proqram
had been implemented on property maintenance and this was
to advise the Council of the cost of tne program if they
wished to undertake it.
Councilman Hamilton asked the Acting City Manager if
he would make a study to see if an abatement program
and inspection program can be carried out from within
house with the employees the City now has, and come
back the next Council Meeting with a report.
Mr. Sexton said he would.
00-
C.M. STUDY
ENFORCEMENT
IN-HOUSE &
REPORT NEXT
COUNCIL MEETING
HOLD OVER REPORT ON ANIMAL CONTROL UNTIL NEXT COUNCIL
MEETING. M/S/C: HAMILTON/AGUILAR. There were
no objections.
HOLD OVER ANIMAL
CONTROL REPORT
UNTIL NEXT COUNCIL
MEETING
00-
TABLE DIRECT ELECTION OF THE MAYOR FOR 30 DAYS.
M/S/C: BLEWETT/AGUILAR. There were no objections.
00-
City Clerk Batkus read by title:
TABLE DIRECT
ELECTION OF THE
MAYOR FOR 30 DAYS
ORDINANCE NO. 730, AMENDING THE ZONING MAP OF
SAID CITY AND REZONING CERTAIN HEREIN DESCRIBED
REAL PROPERTY FROM ZONE C-2 TO ZONE R-1 ZONE
CASE NO. Z-392; APPLICANT: BATTAGLIA ASSOCIATES)
WAIVE FURTHER READING OF ORDINANCE NO. 730. M/S/C:
HAMILTON/AGUILAR. There were no objections.
ORDINANCE NO. 730 ADOPTED. M/S/C: HAMILTON/AGUILAR.
Roll Call. Ayes: HAMILTON/AGUILAR/BLEWETT/KITCHEL.
Mayor Waldo abstained.
00-
Councilman Hamilton said he had attended a meeting with
Supervisors Ward and Schabarum and had heard a long debate
on the RTD Sunset Coastline which is an issue in the June 8
continued)
ORD. NO. 730,
AMENDING THE ZONING
MAP OF SAID CITY
& REZONING FROM
C-2 Q R-1 ZONE
CASE NO. Z-392;
APPLIC.: BATTAGLIA)
ORD. NO. 730
WAIVE FURTHER READING
ORD. NO, 730
ADOPTED
RTD SUNSET
COASTLINE
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May 19, 1976
Page 21
election. He stated it will cost $13.8 billion and
that in 20 years the same amount will still be owed.
He recommended the City Council adopt a r^otution
opposing the two Ordinances, R & T. He said he had
attended meetings on Proposition No. 15, the Nuclear
Initiative and wanted to urge everyone to vote No
on that and oppose it with a Resolution. There are
now about 50 nuclear power plants operating in the
United States and to date no damage has been done
by the release of radioactive materials. He said
if this is not opposed, petroleum wi11 become depleted
and cost more and that it is important for this state
and the United States to continue the program for nuclear
power. He stated it had been proved by scientific
engineers that this is about as safe as any other way
of producing energy.
CITY COUNCIL WILL OPPOSE SUNSET COASTLINE, R & T, AND
PROPOSITION NO. 15. NUCLEAR INITIATIVE. M/S/C:
HAMILTON/BLEWETT. There were no objections.
Discussion followed that tetters or Resolutions should
be sent to the news media.
00-
Mayor Waldo said notification had been received that the
first supply of swine f1u vaccination will be available
by mid-July, 1976. He announced that there will be an
orientation meeting for leaders in industry, school and
communities, as well as representative of the medical
profession and news media, is scheduled for Wednesday,
May 26, 1976. at 4 p.m. in the West Covina Council Chambers,
1444 West Garvey Avenue, West Covina. They solicited
ideas and suggestions to make the program successful.
00-
Mr. Sexton said he had been advised that the budget is
ready for discussion with the Council and asked that
the Council consider some dates for this process after
the first week in June.
POLL COUNCIL FOR DATES OF BUDGET DISCUSSION AT A LATER
DATE. M/S/C: KITCHEL/HAMILTON. There were no objections
00-
John Terry. 16803 Stowers, Cerritos, representing the
Baldwin Park Booster's Club, explained that the Code
says that only 14 organizations are allowed fireworks
stands during the summer. The Code states
that anyone who has had stands before will automatically
get stands the following year. Last year, a 15th stand
was allowed and the Code was waived for one year. He
said that this year it is back to 14 stands allowed,
and through their mistake, they were the 15th request.
He requested that the Code be waived one more year to
again allow their fireworks stand.
Discussion followed regarding whether it was right to
allow the same organizations each year or whether it
should be first come, first choice."
Councilman Aguilar felt it was not right to have the
same organizations because it kept other non-profit
organizations from taking out permits for fireworks
stands.
Continued)
C.C. WILL OPPOSE
SUNSET COASTLINE.
R & T. & PROP. NO.
15. NUCLEAR INITIATIVE
POLL COUNCIL AT LATER
DATE RE BUDGET
JOHN TERRY RE
FIREWORKS PERMIT
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May 19» 1976
Page 22
Councilman Blewett explained that when too many
organizations have fireworks as a fund raising
project, none of them make any money, so by
limiting the number, some of them make some money.
He flet there would not be fireworks for too many
more years and that after the Bicentennial there
would be a big chop-off.
AMEND CODE TO ALLOW 15 FIREWORKS PERMITS. M/S/C:
BLEWETT/KITCHEL. There were no objections.
Acting City Attorney Ritchie advised that if the
number of fireworks stands was going to be changed
permanently to 15, an Urgency Ordinance should be
adopted. He read by title:
ORDINANCE NO. 731, AMENDING SECTION 3054,
OF THE BALDWIN PARK MUNICIPAL CODE RELATING
TO FIREWORKS PERMITS URGENCY)
WAIVE FURTHER READING OF ORDINANCE NO. 731. M/S/C:
BLEWETT/KITCHEL. There were no objections
ORDINANCE NO. 731 URGENCY) ADOPTED. M/S/C: BLEWETT/
HAMILTON
00-
Tom E. Carpenter, 4346 Jerry, spoke regarding expense
of Newsletter and now the cost of public nuisance
harrassment by enforcement officers* He has discussed
this before. He objected to the hearing before the
City Manager and not being public and the necessity
to pay for an appeal before Council. He said it was
the law that permission is required to go on private
property and a warrant is needed. This is the people's
right. He objected to this happening again and he would
alert the people. He objected to expenses for photos
for the Newsletter and trips to Hawaii.
00-
MichaetDargus, 13264 E. Francisquito, questioned why
some 20 semi-trucks parked on Moran's property were
not cited. The Ordinance prohibits this. He questioned
if this was a fringe benefit for a political donation.
He asked the attorney if it was legal for Council to
spend money not appropriated at a Council meeting for
a trip to Hawaii. This was not approved at a Council
meeting, but by telephone ind he asked if this was a
violation of the Brown Act.
Mr. Ritchie said State law says Councilmen are entitled
to reimbursement for ordinary and necessary expenses in
connection with performing their duties and that's all
it says. How they make that decision he did not know.
The decision should be made at a public meeting of the
City Council.
Michael Dargus said this had occurred with a trip to
Washington, D.C. and to Hawaii.
Mr. Ritchie said that if Council wants to they can spell
out some procedure by which decisions tike that can be
made and If they don't they are going to be confronted
with claims for transportation and other expenses and
then the only question Is was it ordinary and necessary.
Customarily they have some provision for making that
decision in advance. The best practice 1s to make such
decisions at a public meeting.
AMEND CODE TO ALLOW
15 FIREWORKS PERMITS
ORD. NO. 731 AMENDING
SECTION 3054 OF THE
B.P. MUNICIPAL CODE RE
FIREWORKS PERMITS(URGENCY)
ORD. NO. 731 WAIVE
FURTHER READING
ORD. NO. 731(URGENCY)
ADOPTED
TOM CARPENTER
MICHAEL DARGUS
Continued)
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000*7029
May 19. 1976
Page 23
Michael Dargus questioned who is to determine whether
it is necessary unless discussed publicly or before the
full Council. He said that Mr. Kitchpl being a Council-
man does^not entitle him to use City stationery and a
City secretary for personal use of mails. He referred
to a letter sent to the Democratic Club which was personal.
Councilman Kitchet said he made restitution for the cost
involved.
AT 11:40 P.M. MEETING ADJOURNED TO WEDNESDAY. MAY 24, 1976, AT 11:40 P.M.
7:30 P.M. M/S/C: BLEWETT/HAMILTON. There were no COUNCIL ADJOURNED
objections.
00-
7^/L^
THELMA L 6ALKUS. CITY CLERK——
APPROVED: \AA^g^^k 1976
Date of Distribution to City Council: May 28, 1976
Date of Distribution to Departments: May 28, 1976
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1976 05 19 CC MIN (Ìì Ï JpeREGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL
CITY HALL COUNCIL CHAMBERS) 14403 East Pacific Avenue
The City Council of the City of Baldwin Park met in
regular session at the above place at 7:30 p.m.
Councilman Hamilton led the salute to the flag.
Invocation was given by Pastor Harvey Boese, Neighborhood
Church.
Present: COUNCILMEN AGUILAR, BLEWETT.
HAMILTON, KITCHEL, AND
MAYOR WALDO
Roll Call:
MAY 19, 1976
7:30 P.M.
FLAG SALUTE
INVOCATION
ROLL CALL
Also Present:
ACTING CITY MANAGER SEXTON,
ACTING CITY ATTORNEY RITCHIE,
DIRECTOR OF PUBLIC WORKS LATHROP,
DIRECTOR OF PLANNING KILGOUR,
FINANCE DIRECTOR HALLOWAY,
LIEUTENANT CHELLINO, CITY
TREASURER MONTENEGRO AND
CITY CLERK BALKUS
Absent: CHIEF OF POLICE ADAMS
00-
AT 11:40 P.M. COUNCILMAN BLEWETT MOVED, HAMILTON SECONDED
THAT THE CITY COUNCIL ADJOURN TO MONDAY, MAY 24, 1976,
AT 7:30 P.M. IN THE COUNCIL CHAMBERS, CITY HALL. There
were no objections. Carried unanimously.
00-
ADJOURNED 11:40 P.M.
TO MONDAY, MAY 24,
1976, AT 7:30 P.M.
COUNCIL CHAMBERS
o.^^^^^^^^
HELMA L. BALKUS, CITY CLERK
DATED:
TIME:
MAY 20, 1976
10:00 A.M.
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1976 05 19 CC MIN (Ìì Ï JpeAFFIDAVIT OF POSTING NOTICE
OF AMOURNMEHT OP HEETIN6
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS:
CITY OF BALDWIN PARK
THELMA L. BALKUS, being first duly sworn, says and deposes:
that I am the duly chosen, qualified and acting City Clerk of the City
Council of the City of Baldwin Park; that at a Regular
Meeting of the City Council of the City of Baldwin Park held
ay 19_______^ 1976 said meeting was ordered adjourned to
the time and place specified In the Notice of the Adjournment ATTACHED
HERETO: that on May 20____. 19^6 at the hour of 10:00 a,m,.
I postM a copy of said Notice at a conspicuous place on or near the
door of the place at which said meeting of May 19 1976^
was held.
Subscribed and sworn to
before me this J2^^
day of \U^JL-^
19^
rotary Public UTandfor^saia
County and State
S^wS^SEAL
A^^SSS-
S-SisSs^
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peOCCP016
Regular Meeting of the Baldwin Park City Council
May 19, 1976
Page 10
In some instances where it is shown that inadequate
electrical outlets were bypassed it was because a proper
service was built within the trailer.
Attorney Kasem said all this would take 60 days minimum
and that he proposed they get with it, but no one could
devote full time to the project. He said they would
submit the matter with the argument that he didn't think
the Council could properly make a finding tonight on
the basis of the advisements that have been given to her,
NECESSARY PERMITS BE OBTAINED AND WORK COMMENCED AND
DILIGENTLY PROSECUTED THROUGH A PERIOD OF 60 DAYS
TO COMPLETE ABATEMENT. M: HAMILTON.
Motion died for lack of second)
NECESSARY PERMITS
OBTAINED & WORK
COMMENCED & DILI-
GENTLY PROSECUTED
THROUGH A PERIOD
OF 60 DAYS TO
COMPLETE ABATEMENT
Attorney Kasem stated he would see that his client would
commence promptly and continue the work throughout
the 60-day period of completion, but that problems of client
control do exist at times.
Councilman Blewett said these were very serious matters to
the people living in the trailer court and wanted some
assurance from Mrs. Igna that something was going to be
done about it. Councilman Kitchel concurred.
Council discussion followed about assurance of intention
and concern for the people living there.
Attorney Kasem said the tenants have the option of moving
out and that if they were hurt during the 60-day period
of abatement, Mrs. Igna would be liable and that he
intended to impress upon her that this is a very serious
matter and that it would be a financial disaster to her.
Councilman Blewett pointed out that the Health Department
had stated 14 days from May 3, 1976.
Attorney Kasem said we are only talking about the structures.
Mr. Ritchie stated that the record should note that Mrs.
Igna was here when the Hearing commenced and was represented
by an attorney, but that Mrs. Igna had left the Hearing
involuntarily and was still represented by her attorney.
Virgil Igna, 1426 Matchleaf, Hacienda Heights, Mrs. Igna's
son, said for 3 weeks he had been working on her property
and cleaned up sewer drain lines that were broken. They
have had people cleaning up the debris and do intend to
complete everything in the allotted time. Broken water
lines have been repaired. He stated that he had repaired
10 sewer lines, but the next night someone had broken
3 of them and they had to be re-repaired. He estimated
he had spent approximately 28 hours a week, working at
night and on weekends, as well as people working on
items inside the trailers that are not even on the list,
and a cleanup man working about 30 hours a week cleaning
up and hauling away debris. He said they wilt complete
everything that is required. He stated that the Code
allows broken lines or anything of an emergency nature
to be repaired by someone other than a licensed contractor
and that a permit is not required.
Mrs. Igna had returned to the Council Chambers 9:35 p.m.)
Continued)
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