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HomeMy WebLinkAbout1977 04 21 CC MIN1977 04 21 CC MIN(ÌìÌëINDEX APRIL 2-, 1977 Joint Regular Meeting of the Baldwin Park City Council and Adjourned Meeting of the Baldwin Park Redevelopment Agency Consent Calendar 1. Approval of Minutes of April 7, 977 2. Receive and File Treasurer's Report March 31, 1977 3. Res. No. 77-25, Claims and Demands 4. Claim Against the City Bertha Oropeza 5. Approval of Report on City Street Needs Study Concur with Recommendations on Consert Calendar Oath Public Hearing Z-398 and E.I.R. on Z-398 Publications, Mailings and Postings No Written Protests Public Hearing Opened Z-398 David Dunn in Favor of Z-398 Public Hearing dosed Z-398 Public Hearing, Draft E.I.R. on Sixpence ln'n Motel. 14510 Garvey Ave. in Puente-Merced/S. Baldwin Park Blvd. Redevelopment Project Area Publications No Written Protests Joseph Montoya Steff Report Carol Whelan re Preparation of Draft E.I--. Public Hearing Closed E.I.R. Sixpence Inns Motet Dwaine Glass, Redevelopment Advisory Commission Recommended Approval of E.I.R. Baldwin Park Redevelopment Agency solution No. 29, Certifying Draft E.I.R. on Proposed Construction of Sixpence Inns Motet Within Puents-Merced/ South Baldwin Park Redevelopment Project Area Adopted Mayor Waldo re Lloyd's Public Relations and Sixpence Inns Resolution No. 77-26, Certifying the Draft l:-I.R. on Construction of Sixpence Inns Motet Within the Puente-Merced/South Baldwin Park Bt/d. Redevelopment Project Adopted Ordinance No. 751, Amending Zoning Mao and Rezoning from C-1 and R-1 to C-2 Zone Case Z-398; Appt-cant: Sixpence Inns of America, Inc.) Introduce Public Hearing, AGP-36 To Consider a Change in Land Use Element of General Plan Adopted 9/5/73) from Industrial to Residential Single or Multi-Family and from Multi- Family to Single Family on Property Southerly of Ramona Blvd., Easterly of Big Dalton Wash, Nortnerty of Badillo, Westerly of Boundary Line of Baldwin Park/West Covina None of Existing Single Family Are«i5 are Under Consider- ation) Initiated by Planning Comnission Publications, Mailings end Postings No Written Protests Larry Adams in Favor of AGP-36 Millie Adams in Favor of AGP-36 Kelly Bixby in Opposition to AGP-36 on Parcel A Carmen Vega Continue Public Hearing on AGP-36 to May 5, 1977 Public Hearing Z-406. Zone Change fron R-3 to R-2 and R-1 to Accommodate Consistency tietweer General Plan Land Use Element and Zoning Code Publications, Postings and Mailings No Written Protests Howard Miller in Favor of Recommended Changes Kenneth Davis in Favor of R-2 Zoning Public Hearing Closed BIB] 37657-U01 1977-U02 04-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9753-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 04 21 CC MIN(ÌìÌëIndex April 21, 1977 Page 2 Howard Miller re Intended Construction Ordinance No- 752, Amending Zoning Mcp and Rezoning from R-3 to R-1 and R-2 and Certifying Negative Declaration of Environmental Impact Case No. Z-406 Introduce Certify Negative Declaration of Environmental Impact 9:00 P.M. Recess 9:05 P.M, Reconvened Public Hearing AGP-37 Proposed Charge in Lard Use Element of General Plan to Bring Consistency Between General Plan and Zoning Code by Change in Land Use Designation from Single Familty to Mu1ti-Fair.i1y Same Area as Z-406) Initiated by Planning Commission Publications, Mailings and Postings No Written Protests Public Hearing Closed AGP-37 Resolution No. 77-27, Amending the Designation of the Land Use Element of the General Plan from Single Family to Multi-Family Residential 17 Dwelling Units to the Acre and Certifying the Negative Declaration of Environmental Impact Case No. GP-37) Change Wording in Section 3 re Negative Declaration Certification Resolution No. 77-27 Adopted Public Hearing SP-9 Consider Deletion or Modification of Specific Plan 9 as Future Street Same Area as Z-406) Initiated by Planning Commission Publications, Postings and Mailings No Written Protests Resolution No. 77-28, Modifying Specific Flan 9 and Directing Action to Vacate Street Previously Dedicated and Certifying the Negative Declaration of Environmental Impact Case No. SP-9) A. G. Moore in Favor of SP-9 and Improvement of Tracy Street Public Hearing dosed Motion Carried Written Communication City Clerk Balkus to City Council re Case of Kitchet and Waldo Vs. Thelma B^kus I) Instruct Acting City Attorney to Appear on Behalf of City and of City Clerk on Defending Action Brought by Kitchel and Waldo Against City Clerk, Deny Request of City Clerk that She Employ Special Counsel at Expense of the City. 3) Instruct City Clerk to Preserve Confiden- tiality of the Petitions in Question and Not to Release Them to any Person Without a Court Order dnd the Consent of City Attorney Acting City Attorney Ritchie to Furnish City Council with Copies of all Pleadings and Correspondence to Go to the Court Selection of Interior Designer for Public Services Building Hold Over to Next City Council Meeting Acting City Manager Submit Names of Firms and Quotes to City Council Budget Amendments 1) Appropriate $23,250 to Chamber of Commerce to Cover Costs for Remainder of Fiscal Year; 2) Appropriate $48,000 to Acting City Attorney to Cover Extraordinary Fees; 3) Appropriate S48.000 to Mid-Valley Mental Health 4) Appropriate $4,706,679 to Cover Cost of Construction of New Public Services Building Approve Budget Amendments Amendment to Contract Between Board of Administration of P.E.R-S. and City Council Resolution No. 77-29, Declaring Its Intention to Approve an Amendment to Contract Between the Board of Administra- tion of the Public Employees' Retirement System and the City Council of the City of Baldwin Park- Adopted BIB] 37657-U01 1977-U02 04-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9753-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 04 21 CC MIN(ÌìÌëIndex April 21. 1977 Page 3 Report on Petition from Residents of Stockdale Street Construct Sidewalk on Balance of Stockdale Street on Property Line HUD Conference in Portland, Oregon Mc'.y 4, 5 and 6, 1977 Send One Member of Community Redevelopment Advisory Commission, One from Housing Advisory Commission, One City Councilman and a Staff Member to HUD Conference Motion Did Not Carry Send One Member of Community Redevelopment Advisory Commission, One from Housing Advisory Commission, With Option of Sending Elected Official if They Cannot Attend East San Gabriel Association of Cities Insurance Seminar, April 22. 1977 Send Appropriate Message of Condolence to Mrs. Sid Kading City Send Letter of Gratitude and Appreciation to Angus McDonald Santos Hernandez re Petition on Lowering Taxes A1 Stockton re Cost of Recall Laws ard Elected Officials Who Used Influence Sandra Neal re Legality of Dummy" Recall; Petition on Taxes and Warning from Gang Violence Committee Bertha Regus in Favor of Private Counsel for Mrs. Bdtkus and re being Taped White Carrying Petitiois Bill Lane re Petitions to Lower Taxes Inner Community Improvement Society Proposal Staff to Prepare Report for City Council 10:40 P.M. Meeting Adjourned BIB] 37657-U01 1977-U02 04-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9753-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 04 21 CC MIN(ÌìÌëJOINT REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL AND ADJOURNED MEETING OF THE BALDWIN PARK REDEVELOPMENT AGENCY COUNCIL CHAMBERS) 14403 East Pacific Avenue The City Council of the City of Baldwin Park met tn regular session at the above place at 7:30 p.m. The Baldwin Park Redevelopment Agency met in adjourned session at the above place at 7:30 p.m. Roll Call: Present: CITY COUNCIL AND REDEVELOPMENT AGENCY DIRECTORS AGUILAR. BLEWETT, HAMILTON. KITCHEL AND MAYOR WALDO APRIL 21, 1977 7:30 P.M. ROLL CALL Also Present: ACTING CITY MANAGER SEXTON. EXECUTIVE DIRECTOR OF CRA) ACTING CITY ATTORNEY RITCHIE, DIRECTOR OF PUBLIC WORKS LATHROP. DIRECTOR OF PLANNING KILGOUR, DIRECTOR OF FINANCE HALLOWAY, CHIEF OF POLICE CHELLINO, CITY TREASURER MONTENEGRO AND CITY CLERK BALKUS 00- City Clerk Balkus presented the Consent Calendar: 1. Approval of Minutes of April 7, 1977 2. Receive and File Treasurer's Report March 31, 1977 3. Waive Further Reading and Adopt RESOLUTION NO. 77-25 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Deny and Refer to Insurance Carrier Claim Against the City Bertha S. Oropeza 5. Approval of Report on City Street Needs Study CONCUR WITH RECOMMENDATIONS ON CONSENT CALENDAR. M/S/C: AGUILAR/HAMILTON. Roil Ca11. There were no objections. 00- City Clerk Balkus administerec the Oath to those in the audience desiring tc be heard during the meeting. 00- It was the time and place fixed for a Public Hearing to consider 7-398 and the Draft Environmental Impact Report on an Application for a Proposed Zone Change from C-1 and R-1 to C-2 on Property located at 14510 Garvey Avenue in the Puente-Merced/South Baldwin Park Redevelopment Project Area; Applicant: Sixpence Inns of America, Inc. Continued from August 4, 1976, November 3. 1976, December 2, 1976, February 17, 1977 and April 7, 1977. continued) CONSENT CALENDAR APPROVAL OF MINUTES 4/7/77 REC. & FILE TREAS. RPT 3/31/77 RES. NO. 77-25, CLAIMS & DEMANDS. WARRANT NOS 7315 7432, PAYROLL 3/20/77 4/2/77 CLAIM AGAINST CITY BERTHA OROPEZA APPROVAL OF REPORT ON CITY STREET NEEDS STUDY CONCUR WITH RECOMMENDATIONS ON CONSENT CALENDAR OATH ADMINISTERED PUB. HEARING Z-398 & E.I.R. ON APPLIC. FOR ZONE CHG. FROM C-1 & R-1 TO C-2 AT 14510 GARVEY AVE APPLICANT: SIXPENCE INNS OF AMERICA. INC. CONT. FROM 8/4, 11/3. 12/2/76. 2/17/77 & 4/7/77 BIB] 37657-U01 1977-U02 04-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9753-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 04 21 CC MIN(ÌìÌëJoint Regular Meeting of the Baldwin Park City Council and Adjourned Meeting of the Baldwin Park Redevelopment Agency April 21, 1977 Page 2 Proper publications, mailings and postings had been accomplished. There were no written protests. Acting City Attorney Ritchie said that Zone Case Z-398 was being heard jointly as the Redevelopment Agency and the City Council on the E.I.R; on the zone change they were acting in the capacity of City Council only. Director of Planning Kilgour referred to the zone change requested, which would accommodate a motel within the Puente-Merced Redevelopment area. He said the Planning Comnission reconmended approval and the Staff recommended certification of the E.I.R. There was a separate report prepared on the E.I-R. following an environmental assessment on June 29, 1976. Information gained from the E.I.R, showed that a low traffic volume generator such as a hotel could be developed on this property with access from Puente Avenue, in lieu of open space usage. Mayor Waldo opened the Public Hearing on Z-398. He asked for testimony. David Dunn, 1720 East Garey Avenue, Santa Ana, agent for Sixpence Inns of America, said they had received help from the Staff in preparing the plan; that they would like to begin construction and that the area would be landscaped. As there was no further testimony in behalf or in opposition to Z-398, Mayor Waldo declared the Public Hearing dosed. 00- It was the time and place fixed for a Public Hearing on the Draft Environmental Impact Report on the proposed Sixpence Inns Motel, located at 14510 Garvey Avenue, in the Puente-Merced/South Baldwin Park Boulevard Redevelopment Project Area. Proper publications had been accomplished. PUBLICATIONS. MAILINGS & POSTINGS NO WRITTEN PROTESTS PUBl1C HEARING OPENED Z-398 DAVID OUNN IN FAVOR OF Z-398 PUBLIC HEARING CLOSED Z-398 PUBLIC HEARING, DRAFT E.I.R, ON SIXPENCE INNS MOTEL, 14510 6ARVEY AVE, IN PUENTE-MERCED/ S. BALDWIN PARK BLVD. REDEVELOP- MENT PROJECT AREA PUBLICATIONS Thpre were no written protests, Joseph Montoya, Assistant Planner, presented a staff report on the preparation of a full environmental report that had been prepared according to the most recent guidelines of the state law. It had been distributed to the required agencies. He said that following adoption of the Resolution to certify the draft E.I.R.. the final E.I.R. could be formulated. Testimony was given by Carol Whelan, Owen Menard & Associates. 454 West Baseline Rd.. Ctaremont, who said they had prepared the Environmental Impact Report according to the state guidelines as amended January 1, 1977. The adverse impacts of continued) NO WRITTEN PROTE? JOSEPH MONTOYA STAFF REPORT CAROL WHELAN RE PREPARATION OF DRAFT E.I.R. BIB] 37657-U01 1977-U02 04-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9753-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 04 21 CC MIN(ÌìÌëJoint Regular Meeting of the Baldwin Park City Council and Adjourned Meeting of the Baldwin Park Redevelopment Agency April 21. 1977 Page 3 noise and traffic can be met by mitigating measures so there wilt be no significant adverse impact on the project. As there was no further testimony in behalf or in opposition to the E.I.R. for Sixpence Inns Motel, Mayor Waldo declared the Public Hearing closed- Acting City Attorney Ritchie said the Council Agency could act as the Redevelopment Agency first to approve their Resolution, and then consider the City Council Resolution and Ordinance on the zone change as the City Council Dwaine Glass, member of the Baldwin Park Redevelop- ment Advisory Commission, presented their report on the Draft Environmental Impact Report. He said the Commission had met and unanimously made the resolution that they would request that the Redevel- opment Agency adopt and certify the Draft E.I.R. by adoption of Resolution 29. Acting City Attorney Ritchie read the Redevelopment Agency Resolution by title: RESOLUTION NO. 29. CERTIFYING THE DRAFT ENVIRONMENTAL IMPACT REPORT ON THE PROPOSED CONSTRUCTION OF THE SIXPENCE INNS MOTEL WITHIN THE PUENTE-MERCED/SOUTH BALDWIN PARK REDEVELOPMENT PROJECT AREA WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 29. M/S/C: KITCHEL/AGUILAR. Roll Call. There were no objections. Mayor Waldo stated, in response to an inquiry made by Judy Hannond of the San Gabriel Valley Tribune, that his firm, Lloyd's Public Relations, had never performed any work for Sixpence Inns and had no immediate expectations of doing any work for them. City Clerk Balkus read the Resolution of the City Council by title: RESOLUTION NO. 77-26, CERTIFYING THE DRAFT ENVIRONMENTAL IMPACT REPORT ON THE PROPOSED CONSTRUCTION OF THE SIXPENCE INNS MOTEL WITHIN THE PUENTE-MERCED/SOUTH BALDWIN PARK BOULEVARD REDEVELOPMENT PROJECT AREA WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 77-26. M/S/C: AGUILAR/HAMILTON. Roll Call. There were no objections. Mr. Ritchie said the City Council minutes should also reflect Mayor Waldo's statement regarding his firm, Lloyd's Public Relations, and their indication that they had never performed work for Sixpence Inns and had no inroediate expectations of doing so. continued) PUBLIC HEARING CLOSED E.I.R. SIXPENCE INNS MOTEL DWAINE GLASS, REDEV. ADVISORY COWIISSION RECOM. APPROVAL OF E.I.R- BALDWIN PARK RE- DEVELOPMENT AGENCY RES. NO- 29. CERT- IFYING DRAFT E.I.R. ON PROPOSED CON- STRUCTION OF SIX- PENCE INNS MOTEL WITHIN PUENTE- MERCED/SOUTH B.P. REDEV. PROJECT AREA RES. NO. 29 ADOPTED MAYOR WALDO RE LLOYD'S PUBLIC RELATIONS & SIXPENCE INNS RES. NO. 77-26. CERTIFYING THE DRAFT E.I.R. ON CONSTRUCTION OF SIXPENCE INNS MOTEL WITHIN THE PUENTE-MERCED/ S. BALDWIN PARK BLVD. REDEV. PROJ RES. NO. 77-26 ADOPTED BIB] 37657-U01 1977-U02 04-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9753-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 04 21 CC MIN(ÌìÌëJoint Regular Meeting of the Baldwin Park City Council and Adjourned Meeting of the Baldwin Park Redevelopment Agency April 2 Page 4 1977 City Clerk Balkus read by title: ORDINANCE NO. 751. AMENDING THE ZONING MAP OF SAID CITY. AND REZONING CERTAIN HEREIN DESCRIBED REAL PROPERTY FROM ZONE C-1 AND R-1 TO ZONE C-2 ZONE CASE NO. Z-398; APPLICANT: SIXPENCE INNS OF AMERICA. INC.) WAIVE FURTHER READING OF ORDINANCE NO. 751. M/S/C: HAMILTON/AGUILAR. There were no objections. INTRODUCE ORDINANCE NO. 751. M/S/C: AGUILAR/ HAMILTON. Roll Call. There were no objections. 00- It was the time and place fixed for a Public Hearing on AGP-36 To Consider a Change in the Land Use Element of the General Plan Adopted 9/5/73) from the Present Designation Industrial to a Residential Category of Single or Multi-family and from the Present Designation of Multi-family to Single Family on Properties Lying Southerly of Ramona Boulevard» Easterly of the Big Dalton Wash, Northerly of Badillo Street» and Westerly of the Boundary Line of Baldwin Park/West Covina None of the Existing Single Family Areas are Under Consideration) Initiated By: Planning Commission Proper publications, mailings and postings had been accomplished. There were no written protests. Director of Planning Kilgour reviewed his Staff report and referred to the subject properties on maps before the Council and audience. He said the Planning Commission had requested a review of the General Plan land use designation for certain properties located between Ramona Boulevard, Badilto Street, Big Dalton Wash and the easterly City boundary, following a public hearing on February 9, 1977 to consider a zone change request by the Covina Irrigating Company. Public hearings were held on March 9 and March 23, 1977 and the Planning Commission had recommended approval of certain amendments to the Land Use Element of the General Plan. He said a Draft Negative Declaration of Environmental Impact had been prepared. Council discussion followed on various parcels and definitions of density and type of housing suggested Mayor Waldo called for testimony on AGP-36. continued) ORD. NO. 751, AMENDING ZONING MAP & REZONING FROM C-1 & R-1 TO C-2 ZONE CASE Z-398; APPLICANT: SIXPENCE INNS OF AMERICA, INC.) ORD. NO. 751 WAIVE FURTHER READING \ INTRODUCE ORD. NO. 751 PUBLIC HEARING, AGP-36 TO CON- SIDER A CHANGE IN LAND USE ELEMENT OF GENERAL PLAN ADOPTED 9/5/73) FROM INDUSTRIAL TO RESIDENTIAL SINGLE OR MULTI-FAMILY & FROM MULTI- FAMILY TO SINGLE FAMILY ON PROPERTY SOUTHERLY OF RAMONA BLVD., EASTERLY OF BIG DALTON WASH, NORTH- ERLY OF BADILLO, WESTERLY OF BOUND- ARY LINE OF B.P./ WEST COVINA NONE OF EXISTING SINGLE FAMILY AREAS ARE UNDER CONSIDERA- TION) INIT. BY PLANNING COMMISS. PUBLICATIONS, MAIL- INGS & POSTINGS NO WRITTEN PROT^S BIB] 37657-U01 1977-U02 04-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9753-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 04 21 CC MIN(ÌìÌëJoint Regular Meeting of the Baldwin Park City Council and Adjourned Meeting of the Baldwin Park Redevelopment Agency April 21. 1977 Page 5 Larry Adams, 15323 Adams Drive, spoke in favor of AGP-36. He said he did not want to see commercial zoning crowded into his property, as it was in one of the better areas and was appreciating in value. 3 Millie Adams, 15323 Adams Drive, referred to a petition from the residents in their neighborhood and said that attested that they were in favor of R-1 and R-2 zoning on Parcels A, B and C. Mayor Waldo said he would be in favor of holding over the public hearing so they could discuss the pros and cons of the zonings. He offered to meet with their group to discuss what they want. Mr. Kelly Bixby. 9229 Sunset Blvd., Suite 410, Los Angeles, representing Mike Gambino who owns land in Parcel A, was in favor of a continuance so that Mr. Gambino could speak at the next public hearing. He requested an Environmental Impact Report. He said Mr, Gambino had purchased the property at an increased value based upon the R-3 zoning change, but now someone else wanted a zone change in Parcel C and they are being confronted with a zone change from R-3 to R-1 in Parcel A, after their substantial investment. He asked Mr. Kitgour what had changed since the property had been zoned to R-3 in 1972 to warrant another zone change. Mr- Kilgour said there was a high demand for single family homes and that the demand was probably greater than it was in 1972. Single family dwelling was the preferred housing. Mr. Bixby stated that he didn't feel that vandalism, graffiti and bottles and trash necessarily followed multi-family dwelling in a11 circumstances. Mr, Bixby discussed the consideration of inverse condemnation with Mr. Ritchie, who explained recent rulings on it. Mr- Ritchie asked what reasons Mr. Bixby had toy- requesting an Environmental Impact Report rathe*" than the Negative Declaration the Staff had recommended. Mr. Bixby listed such considerations as whether multi-family would create a buffer from traffic noise; single family homes could be shielded by apartment houses; heavy traffic from both arteries could be dangerous to children; Police Department and Fire Department may want to make input regarding their access route; and what impact breaking through a cul-de-sac would have upon the individuals living there. He said he would welcome the opportunity to review the minutes of the initial zone change to find out what the merits of the argument for R-3 were at that time. He said he wanted to assure the Council that any multi-family development would be done in a responsible fashion. He stated he was formally objecting to considering each parcel change separately as he did not think it had been demonstrated that the area had changed to the extent that it warranted a zone change change from R-3 to R-1. continued) LARRY ADAMS IN FAVOR OF AGP-36 MILLIE ADAMS IN FAVOR OF AGP-36 KELLY BIXBY IN OPPOSITION TO AGP-36 ON PARCEL A BIB] 37657-U01 1977-U02 04-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9753-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 04 21 CC MIN(ÌìÌë Joint Regular Meeting of the Baldwin Park City Council and Adjourned Meeting of the Baldwin Park Redevelopment Agency April 21. 1977 Page 6 Carmen Vega, 15297 Adams Drive, was opposed to multi- family development behind her home. Mr. Ritchie said that if the public hearing was to be continued, the Staff should respond to the environ- mental issues raised by Mr. Bixby to determine whether to recommend the Negative Declaration or whether an E.I.R. is required. CONTINUE PUBLIC HEARING ON AGP-36 TO MAY 5. 1977. M/S/C: BLEWETT/KITCHEL. There were no objections. 00- It was the time and place fixed for a public hearing on Z-406 A Proposed Zone Change from R-3 to R-2 and R-1 to Accommodate a Consistency Between the General Plan Land Use Element and the Zoning Code on the Following Described Properties: Block 1. That Property Northwesterly of East Garvey Avenue, Southwesterly of East Tracy Street, South- easterly of Tracy Elementary School, and Northeasterly of East Waco Street Block 2. That Property Northwesterly of North Baldwin Park Boulevard, Southwesterly of East Francisquito Avenue, Southeasterly of North Robinette Avenue, and Northeasterly of East Tracy Avenue Initiated By: Planning Conmission Proper publications, postings and mailings had been accomplished. There were no written protests. Director of Planning Ki'tgour referred to tfie attachment packet for Cases Z-406, AGP-37 and SP-9. He said the three separate hearings cover- the same two blocks and that this will be referred to on the three hearings. He referred to locations in question on the display maps and reviewed his Staff report He said that about 10 years ago zoning had been changed to R-3 and a specific planned street was developed, SP-9, planned to go up the center of the three lots. Only one development had taken place and a proposal for development at a density of 8 dwelling units on one acre. At this density, an extra street was not needed. The specifically planned street was reviewed at the request of three property owners. The Planning Commission held public hearings and recommended deletion of SP-9 and the zone changes on Block 1 and Block 2. Testimony was given by Howard Miller, representing Raymond Vincenti, property owner in Block 2, who complimented the Staff for their research and said they support the changes the Planning Commission recommended. Kenneth Davis, 20505 Seton Hi 11 Drive, Walnut, and property owner at 3440 Robinette. stated he was in favor of his property being zoned R-2 rather than R-3, so that he could build another house on his lot. As there was no further testimony in behalf or in opposition to Z-406, Mayor Waldo declared the public hearing closed. continued) CARMEN VEGA CONTINUE PUBLIC HEARING ON AGP-X TO MAY 5. 1977 PUBLIC HEARING Z-406 ZONE CH FROM R-3 TO R-2 & R-1 TO ACCOMMO- DATE CONSISTENCY BETWEEN GEN. PLAN LAND USE ELEMENT & ZONING CODE PUBLICATIONS, POST- INGS & MAILINGS NO WRITTEN PROTESTS HOWARD MILLER IN FAVOR OF RECOMMENDED CHANGES KENNETH DAVIS IN FAVOR OF R-2 ZONING PUBLIC HEARING CLOSED BIB] 37657-U01 1977-U02 04-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9753-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 04 21 CC MIN(ÌìÌë Joint Regular Meeting of the Baldwin Park City Council and Adjourned Meeting of the Baldwin Park Redevelopment Agency Councilman Blewett said that he would hate to think they might turn it into a slum area by determining to rezone it R-2. Mr. Kilgour explained that 17 dwelling units per acre could be built in R-2. They could be duplexes or condominiums, but not a single unit. There could be condominium ownership. Howard Miller, representative for Mr. Vincenti, stated their intention was to construct a single family patio home attached at the garage only, with zero lot line and individually owned. There would be a comnon walk to reach the houses and common driveway areas. Councilman Hamilton expressed concern with sharing a comnum'ty driveway. Mr. Miller said there would be eight individual owners owning the comnon driveway, but there are many rules, regulations and by-laws formulated under state law for the common maintenance of the private driveway. The policing is rigorous and there are remedies, should problems develop. Each home would have its own private yard. There would be no rental situation with high depreciation. The greatest efficiency in use of the land would be achieved, ending with the highest tax base the City could receive and still utilize the least amount of services from the City. Councilman Blewett said he had strong reservations on community driveways because of the problems that exist, however, it would probably provide cheaper housing for people that are trying to get into the housing market, City Clerk Balkus read by title: ORDINANCE NO. 752, AMENDING THE ZONING MAP OF SAID CITY. AND REZONING CERTAIN HEREIN DESCRIBED REAL PROPERTIES FROM ZONE R-3 TO R-1 AND R-2 AND CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT. CASE NO. Z-406 WAIVE FURTHER READING OF ORDINANCE 752. M/S/C: AGUILAR/KITCHEL. There were no objections. INTRODUCE ORDINANCE NO. 752. M/S/C: BLEWETT/ KITCHEL. Roll Ca11. There were no objections. CERTIFY NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT. M/S/C: BLEWETT/KITCHEL. There were no objections, 00- AT 9:00 P.M. THE CITY COUNCIL RECESSED. 00- At 9:05 P.M. the City Council reconvened in regular session. Roll Ca11 was the same as before 00- April 21, Page 7 1977 HOWARD MILLER RE INTENDED CONSTRUCTION ORD. NO. 752, AMENDING ZONING MAP & REZONING FROM R-3 TO R-1 & R-2 & CERTIFYING NEGATIVE DECLAR. OF ENVIR. IMPACT CASE NO. Z-406 ORD. NO. 752 WAIVE FURTHER READING INTRODUCE ORD. NO. 752 CERTIFY NEGATIVE DECLARATION OF ENVIRON. IMPACT 9:00 P.M. RECESS 9:05 P.M. RECONVENED BIB] 37657-U01 1977-U02 04-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9753-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 04 21 CC MIN(ÌìÌë Joint Regular Meeting of the Baldwin Park City Council and Adjourned Meeting of the Baldwin Park Redevelopment Agency It was the time and place fixed for a public hearing on AGP-37- A Proposed Change in the Land Use Element of the General Plan to Bring Consistency Between the General Plan and Zoning Code by Change in the Land Use Designation From Single Family to Multi-family Same Area as Z-406) Initiated By: Planning Commission Proper publications, postings and mailings had been accomplished. There were no written protests. Director of Planning Kilgour said this area had been zoned for multi-family development for years but was shown as single family on the General Plan. The Planning Commission had held hearings and recommended the multi-family designation at the maximum density of 17 dwelling units per acre. Mayor Waldo called for testimony, As there waS no testimony in behalf or in opposition to AGP-37. Mayor Waldo declared the public hearing closed. City Clerk Balkus read by title: RESOLUTION NO. 77-27. AMENDING THE DESIGNATION OF THE LAND USE ELEMENT OF THE GENERAL PLAN FW SINGLE FAMILY TO MULTI-FAMILY RESIDENTIAL 17 DWELLING UNITS TO THE ACRE AND CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT CASE NO. AGP-37) Acting City Attorney Ritchie requested that the wording in Section 3 be changed to read, considered and hereby certifies" so that the second motion need not be made on the Negative Declaration. WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 77-27. M/S/C: HAMILTON/AGUILAR. Roll Call. There were no objections. 00- It was the time and place fixed for a public hearing on SP-9 To Consider Deletion or Modification of Specific Plan 9 as a Future Street Same Area as Z-406) Initiated By: Planning Conraission. Proper publications, postings and mailings had been accomplished. There were no written protests. continued) April 21. 1977 Page 8 PUBLIC HEARING AGP-37 PROPOSED CHG. IN LAND USE ELEMENT OF GEN. PLAN TO BRING CONSISTENCY BTWN. GEN. PLAN & ZONING CODE BY CHG. IN LAND USE DESIGNA- TION FROM SINGL^ FAMILY TO MULTI FAMILY SAME AR AS Z-406) INIT BY PLANNING CO^ \ PUBLICATIONS. M^L- INGS & POSTINGS NO WRITTEN PROTESTS PUBLIC HEARING CLOSED AGP-37 RES. NO. 77-27. AMENDING THE DESIGNATION OF THE LAND USE ELEMENT OF THE GEN. PLAN FROM SINGLE FAMILY TO MULTI-FAMILY RESIDENTIAL 17 DU/AC AND CERTIFY- ING NEGATIVE DECL. OF ENVIR. IMPACT CASE NO. AGP-37 CHG. WORDING IN—, SECT. 3 RE NEGA E DECLARATION CER \ RES. NO. 77-27 ADOPTED PUBLIC HEARING SP-9 CONSIDER DELETION OR MODIF. OF SPEC. PLAN 9 AS FUTURE ST. SAME AREA AS Z-406) INIT. BY PLANNING COMMISSION PUBLICATIONS. POST- INGS & MAILINGS NO WRITTEN PROTESTS BIB] 37657-U01 1977-U02 04-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9753-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 04 21 CC MIN(ÌìÌë 1977 04 21 CC MIN(ÌìÌë Joint Regular Meeting of the Baldwin Park City Council and Adjourned Meeting of the Baldwin Park Redevelopment Agency in the past would not disqualify him to serve in this matter. He stated that, regarding the grounds that Mr. Kitchet and Mr. Waldo were members of the City Council and that he was employed by the City Council, in fact, he was employed by the City of Baldwin Park and represented the City in matters which affect the City. He said he had rendered written opinions to Mrs. Balkus when they were requested. He said she had not followed the advice that he had given her and that that was part of the problem before the City by way of the lawsuit. He suggested that he be instructed to represent the City of Baldwin Park and the office of the City Clerk; that the City Council deny Mrs. Balkus her request for special counsel and instruct her to preserve the confidentiality of the petitions in question and not to release them without a court order and the consent of the City Attorney. He said he had rendered a written opinion to the indiv- idual council members involved in the recall that there was no conflict involved with their voting on the representation to be provided to Mrs. Balkus, City Clerk Balkus stated that she felt it v,ou1d be in the best interest of the people and herself to have independent counsel and that this was a proper request. She could not accept the decision that the Acting City Attorney should represent her. Councilman Aguilar said that the City attorney should represent her, as she was an elected official. That was her problem, if she wanted to get legal counsel for her own personal use. Councilman Blewett said the Acting City Attorney's vested interest was to keep the two Council members from being recalled, because once they are recalled, his chances of staying to represent the City were slim Acting City Attorney Ritchie stated that the proposal was to hire the attorney who used to be the attorney, and that he assumed he would then have the same vested interest that Councilman Blewett claimed he had. He said that neither he nor Mr. Flandrick would represent Mrs. Balkus dishonestly or corruptly. but that Mr. Flandrick was not the City Attorney. Councilman Hamilton asked Mr. Ritchie if he received extra money when he went into court. although he was retained by the City. Mr. Ritchie said that was correct. Councilman Hamilton said that if there was no difference in the cost to the tax payers, her request should be considered, since she felt there was a conflict of interest. Mr. Ritchie stated that the City Attorney who is prepared to represent the City should do so and that the City Clerk cannot properly be compen- sated for the expense of outside counsel because she requested it. He said there could be the same question about conflict of interest regarding Mr. Ftandrick. continued) April 21, 1977 Page 10 BIB] 37657-U01 1977-U02 04-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9753-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 04 21 CC MIN(ÌìÌëJoint Regular Meeting of the Baldwin Park City Council and Adjourned Meeting of the Baldwin Park Redevelopment Agency Councilman Hamilton stated that the Council had gone to the length of hiring outside attorneys to represent the City on the hearings before the Personnel Commission. Mayor Waldo said that was because he had a conflict of interest because he had been one of the victims of the bugging." Councilman Aguitar asked if it were true that Mr. Flandrick had been his partner in the savings and loan business. Councilman Btewett said he had been his business partner, but they had both taken a loss and the saving and loan group had been dissolved. Councilman Blewett said he had seven points he wanted put into the record. Mr. Ritchie had acted as Mayor Waldo's attorney during his divorce; he had participated as attorney and participant of the councilmatic majority in meetings prior to what had become known as the March 17th Saint Patrick's Day Massacre. He said Mr. Ritchie had been consistently with the majority and against the minority of the Council in the past year. He stated Mr. Ritchie had ruled on the validity of the fake recall started last year by Mr. Stockton, which had precipitated all the recall laws that have been changed by the State Legislature. He said he thought Mr. Ritchie had consistently ruled in this case on the validity of the recall, reponding to the fact that the Council rrajority had hired him. He stated he did not want Mr. Ritchie to be the attorney as he would say he had a vested interest in the case, and that he believed Mr. Ritchie may have a business relationship with the attorney the City had hired. He said he thought he was inflicting himself as counsel on the City C1e<'k when his self interest would be best served by retention of Mayor Waldo and Councilman Kitchel on the City Council. He said he thought Mr. Ritchie had ruled incorrectly that Kitchel and Waldo should be able to vote on this issue when they were parties to the action- He said he was incredulous by a legal ruling that they could vote on something that they are part of the action against. Councilman Kitchel said this was a contrivance by those who were supporting the recall to distort the law to deprive a man who was representing a City in performing that activity. He stated that the rhetoric was meaningless, the charges were false and that that it was a conspiracy and had no substance at all. Council discussion followed regarding whether Mr. Flandrick had ever given Councilman Blewett legal advice. Councilman Blewett said that he certainly had, in his capacity as City Attorney, but not in personal dealings. Mayor Waldo asked Mrs. Balkus if Mr. Flandrick had ever represented her or given her legal advice. continued) April 21, 1977 Page 11 BIB] 37657-U01 1977-U02 04-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9753-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 04 21 CC MIN(ÌìÌëJoint Regular Meeting of the Baldwin Park City Council and Adjourned Meeting of the Baldwin Park Redevelopment Agency April 21, 1977 Page 12 Mrs Batkus said, never outside the City. Councilman Hamilton said that he wanted it on record that there had been times when he had not agreed with the former City Attorney's legal opinion, and that tonight he didn't agree with Mr. Ritchie's legal opinion that this didn't have overtones of a conflict of interest. Mayor Waldo stated that he and Mr. Kitchet were being denied the same priviledge as those that would recall them by the new law, and they wanted the court to make a speedy decision and get it settled now. Councilman Blewett said that fear" had a great bearing on the new law. The legislature had decided not to give elected officials the opportunity to scare or take punitive action against peaple where bad legislative officials would otherwise have the power. 1) INSTRUCT THE ACTING CITY ATTORNEY TO APPEAR ON BEHALF OF THE CITY OF BALDWIN PARK AND ON BEHALF OF THE CITY CLERK OF THE CITY OF BALDWIN PARK IN CONNECTION WITH DEFENDING ACTION BROUGHT BY KITCHEL AND WALDO AGAINST THE CITY CLERK. 2) DENY THE REQUEST BY THE CITY CLERK THAT SHE MAY EMPLOY HER OWN SPECIAL COUNSEL AT THE EXPENSE OF THE CITY. 3) INSTRUCT THE CITY CLERK TO PRESERVE THE CONFIDENTIALITY OF THE PETITIONS IN QUESTION, AND NOT TO RELEASE THEM TO ANY PERSON WITHOUT A COURT ORDER AND THE CONSENT OF THE CITY ATTORNEY. M/S/C: AGUILAR/KITCHEL. Roll Call. Ayes: AGUILAR/KITCHEL/WALDO. Noes: BLEWETT/HAMILTON. The motion carried. Mr. Ritchie stated that the proponents of the recall have an interest in the litigation and are free to have their position presented in court by their counsel He said it was not his intention to take the position in court that the incumbents were correct, but to thoroughly research the law and make available to the court all the decisions in that area. A serious question had been raised and the court would have to decide on it. He stated he had never had a financial relationship with Mr. Montgomery or ever hired him as an attorney. 1) INSTRUCT A.C.C. TO APPEAR ON BEHALF OF CITY & OF CITY CLERK ON DEFENDING ACTION BROUGHT BY KITCHEL & WALDO AGAINST CITY CLERK. 2) DENY REQUEST OF CITY CLERK THAT SHE EMPLOY SPECIAL COUNSEL AT EXPENSE OF THE CITY, 3) INSTRUCT CITY CLERK TO PRESERVE CONFID- ENTIALITY OF THE PETITIONS IN QUEST- ION & NOT TO RE- LEASE THEM TO ANY PERSON WITHOUT A COURT ORDER & THE CONSENT OF C.A. Mrs. Batkus said had not approved however, she did her attorney. she understood that the Council the representation she had requested; not wish to have Mr. Ritchie as Mr. Ritchie said that Mrs. Balkus had nothing to say about the matter and that if she expired tomorrow there would be another City Clerk. The City Clerk was the defendent in this action and not Mrs. Balkus as an individual. He said it was her priviledge to hire her own personal counsel and the court could decide if she had any standing in the case in her own personal capacity. He opined that they will permit the City Attorney to appear on behalf of the City to protect the continued) BIB] 37657-U01 1977-U02 04-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9753-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 04 21 CC MIN(ÌìÌëJoint Regular Meeting of the Baldwin Park City Council and Adjourned Meeting of the Baldwin Park Redevelopment Agency April 21, 1977 Page 13 City's interest, which was to determine what course of action the City would take with respect to the processing of the petitions. Councilman Blewett said that his understanding was that a temporary restraining order was usually good for 15 days and that he didn*t think it was right that they were trying to buy a little time. Mr. Ritchie said that it was the court's suggestion in this particular case that it be made good for 30 or 35 days, and that if this one were vacated the court would issue another restraining order. He said if the dispute continued over the representa- tion of the City Clerk, he could envision writs and hearings, the District Court of Appeal and the Supreme Court. DIRECT ACTING CITY ATTORNEY RITCHIE TO FURNISH MEMBERS OF THE CITY COUNCIL WITH COPIES OF HIS PLEADINGS AND ALL CORRESPONDENCE TO GO TO THE COURT. M/S/C: BLEWETT/HAMILTON. There were no objections. The City Council and Mr, Ritchie agreed that a copy of such correspondence would be made available to the City Staff to be distributed to the Council. 00- Acting City Manager Sexton stated that negotiations had not been completed for selection of the interior designer for the Public Services Building. He requested that this matter be held over until the next Council Meeting. Councilman Blewett requested that Mr. Sexton submit the names of the firms applying and the quotes from each so that the Council will have time to took at them. 00- Director of Finance Haltoway referred to two actions which had been taken by the Council without the appropriate budget amendments being made, along with the addition of two other budget amendments. 1) APPROPRIATE $23,250 TO CHAMBER OF COMMERCE TO COVER COSTS FOR REMAINDER OF FISCAL YEAR; 2) APPROPRIATE $48,000 TO ACTING CITY ATTORNEY RITCHIE TO COVER EXTRAORDINARY ATTORNEY FEES AT PERSONNEL HEARINGS FOR REMAINDER OF FISCAL YEAR: 3) APPROPRIATE $48,000 TO COVER ADDITIONAL PAYMENT TO MID-VALLEY MENTAL HEALTH. Discussion followed regarding whether counter- cyclical funds had been planned for use for payment to Mid-Valley or whether other funds were available. Mr. Haltoway stated that the Council had discussed the use of anti-recessionary funds but the action had never been taken. He said part of the program was that the Council must continued) A.C.A. RITCHIE TO FURNISH C.C. WITH COPIES OF ALL PLEADINGS & CORRES- PONDENCE TO GO TO THE COURT SELECTION OF INT. DESIGNER FOR PUB. SERV. BLDG. HOLD OVER TO NEXT C.C. MEETING A.C.M. SUBMIT NAMES OF FIRMS & QUOTES TO C.C. BUDGET AMENDMENTS 1) APPROP. $23.250 TO CH. OF COMMERCE 2) APPROP- $48,000 TO A.C.A. TO COVER EXTRAORDINARY FEES; 3) APPROP. $48.000 TO MID-VALLEY MENTAL HEALTH BIB] 37657-U01 1977-U02 04-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9753-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 04 21 CC MIN(ÌìÌëJoint Regular Meeting of the Baldwin Park City Council and Adjourned Meeting of the Baldwin Park Redevelopment Agency April 21, 1977 Page 14 appropriate the funds within six months of receipt. There was a time table for each quarterly payment. He said the Anti-Recessionary Program was part of the Public Works Act. Title I was the Anti-Recessionary Program and Title II covered the grants for public works. The anti-recessionary funds were a revenue sharing measure based on unemployment, with payments fluctuating from quarter to quarter. Approximately $60,000 had been received, with one quarter remaining to be received. None of the funds had yet been allocated. Mr. Sexton said the decision of whether to use these funds had been left to the Staff's discretion to come back with a recommendation. He stated this was a budget item and there may be other sources for funds used for the Mid-Valley expenditure. The Council would not necessarily have to specify which funds were to be utilized. 4) APPROPRIATE $4.706.679.00 TO COVER THE COST OF CONSTRUCTION OF NEW PUBLIC SERVICE BUILDING. 4) APPROPRIATE $4.706.679. TO COVER COST OF CONSTRUCTION OF NEW PUBLIC SERV. BLDG. Mr. Halloway said the City was receiving the grant for the Public Services Building and the budget amendment was a bookkeepirg measure that should be included in this year's fiscal budget. Councilman Hamilton requested that the Staff bring back the report that had been requested relative to which funds should be designated for Mid-Valley Mental Health. APPROVE BUDGET AMENDMENTS. M/S/C: BLEWETT/ HAMILTON. There were no objections. 00- Director of Finance Halloway referred to a Resolution which would approve amendments to the contract between the City Council and the Board of Administration on the Public Employees Retirement System P.E.R.S.). He said the amendments were in keeping with the Memo of Understanding entered into last year with the employee groups. He explained that the first change related to amendment of the contract to Include what was phrased as the 1959 Survivor's Program, which was only for agencies who do not participate in Social Security. This would provide for payment to surviving spouse or dependents. Both the City and the individual may participate, with the individual paying $2.00 per month for the benefit. He referred to the amount of benefits, included in the body of the attachment to the Resolution. The second amendment defined final compensation" on the basis of the employee's highest year of earnings and will effectively increase his retirement allowance. He explained that different jurisdictions have different amendments to contracts with P.E.R.S., in the case of an employee's employment with another city. continued) APPROVE BUDGET AMENDMENTS AMENDMENT TO CONTRACT BTWN. BD. OF ADMIN. OF P.E.R.S. & C.C. BIB] 37657-U01 1977-U02 04-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9753-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 04 21 CC MIN(ÌìÌëJoint Regular Meeting of the Baldwin Park City Council and Adjourned Meeting of the Baldwin Park Redevelopment Agency April 21, 1977 Page 15 City Clerk read by title: RESOLUTION NO. 77-29. DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRA- TION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF BALDWIN PARK WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 77-29 M/S/C: HAMILTON/AGUILAR. There were no objections. 00- Director of Public Works Lathrop referred to the petition from residents of Stockdate Street, requesting consideration in allowing sidewalks to be constructed adjacent to the curb. He said that following the last meeting he had driven by the area and seen that the individual who circulated the petition had completed sidewalk construction on both street frontages of his property. He had constructed sidewalk on the property line, in accordance with City policy, on the Stockdale frontage. Mr. Lathrop recommended that sidewalk for the balance of the street be constructed on the property line. CONSTRUCT SIDEWALK ON BALANCE OF STOCKDALE STREET ON PROPERTY LINE. M/S/C: KITCHEL/BLEWETT. There were no objections. 00- Discussion followed relative to sending representa- tives to the HUD Conference in Portland, Oregon, on May 4, 5 and 6, and who would be able to attend. SEND ONE MEMBER OF THE COMMUNITY RFDFVHOPMENT ADVISORY COMMISSION. ONE FROM THE HOUSING ADVISORY COMMISSION, ONE CITY COUNCILMAN AND A STAFF MEMBER TO HUD CONFERENCE. M/S/C:' WALDO/AGUILAR. Roll Call. Ayes: WALDO/AGUILAR. Noes: BLEWETT/ HAMILTON/KITCHEL. The motion did not carry. SEND ONE MEMBER OF THE COMMUNITY REDEVELOPMENT ADVISORY COMMISSION AND ONE MEMBER OF THE HOUSING ADVISORY COMMISSION. WITH THE OPTION OF SENDING AN ELECTED REPRESENTATIVE IF ONE OF THOSE PERSONS CANNOT ATTEND. M/S/C: KITCHEL/HAMILTON. Rot 1 Call, There were no objections. 00- Councitman Hamilton reminded the Council of the East San Gabriel Association of Cities seminar regarding insurance at the Covina Bowl on April 22. 1977. He said that he would attend. along with Mr. Sexton and Mr. Raphael, and invited other members of Council. 00- RES. NO. 77-29, DECLARING ITS INTENTION TO APPROVE AN AMEND- MENT TO CONTRACT BETW. THE BD. OF ADMIN. OF THE P.E.R.S. & THE C.C. OF THE CITY OF BALDWIN PARK RES. NO. 29 ADOPTED REPORT ON PETITION FROM RESIDENTS OF STOCKDALE STREET CONSTRUCT SIDEWALK ON BALANCE OF STOCKDALE STREET ON PROPERTY LINE HUD CONFERENCE IN PORTLAND. ORE. 5/4 5/6/77 SEND ONE MEMBER OF COMMUN. REDEV. ADV COMMISSION. ONE FROM HOUSING ADV. COMMISSION, ONE CITY COUNCILMAN & A STAFF MEMBER TO HUD CONFERENCE SEND ONE MEMBER OF COMMUN. REDEV- ADV COWISSION. ONE FROM HOUSING ADV. COMMISSION. WITH OPTION OF SENDING ELECTED OFFIC. IF THEY CANNOT ATTEND E. SAN GABRIEL ASSOC. OF CITIES INS. SEMINAR, APRIL 22. 1977 BIB] 37657-U01 1977-U02 04-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9753-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 04 21 CC MIN(ÌìÌëJoint Regular Meeting of the Baldwin Park City Council and Adjourned Meeting of the Baldwin Park Redevelopment Agency April 21. 1977 Page 16 CITY CLERK SEND APPROPRIATE MESSAGE OF CONDOLENCE TO MRS. SID KADING.. M/S/C: BLEWETT/AGUILAR. There were no objections. 00" CITY SEND LETTER OF GRATITUDE AND APPRECIATION TO ANGUS MC DONALD. M/S/C: WALDO/BLEWETT. There were no objections. Mayor Waldo stated that Mr. McDonald had resigned from the Senior Citizens Advisory Commission because he had to be out of the state for some time. 00- Santos Hernandez, 3517 Feather, said he had been approached to sign the recall petitions for Mayor Waldo and Councilman Kitchel, and had also been given another petition to sign to help lower taxes. He asked what had happened to that petition and whether they would get to vote on that. 00- A1 Stockton. 5042 Eiton. stated that it had been said that he was the cause of the new law on recall that had cost $400,000. He asked who would be blamed when the law is declared unconstitutional by the superior courts in the state. He stated some of the citizens and elected officials gripe about penny ante" things. He said there was an elected official who did not hesitate to use his trusted position for his own personal benefit, wire taping, bugging, and coercion upon his competitors. He said one elected official had used a non-profit organization within the City for his own personal business license location and later had been issued a new City license in his home, although he had not filed the applications the City required and was on a campaign to require that a 11 businesses obtain a Conditional Use Permit. He said this elected official used political influence to obtain a state contractor's license through Sacramento. He asked if we needed this kind of man on our City Council. Councilman Blewett asked that he tell him who it was. Mr- Stockton said, it was you. 00- SEND APPROPRIATE MESSAGE OF CONDO LENCE TO MRS. SID KADING CIT\ SEND LETTER OF GRATITUDE & APPRECIATION TO-s, ANGUS MC DONALl SANTOS HERNANDEZ RE PETITION ON LOWERING TAXES AL STOCKTON RE COST OF RECALL LAWS AND ELECTED OFFICIALS WHO USED INFLUENCE Sandra Neal, 3818 Athol, said it seemed that it was perfectly legal for Mr. Stockton to throw a dummy" recall to stop a recall that people wanted. She stated she did not know who could have carried a petition on taxes to Mr- Hernandez1 home, but wanted more services from the City than what she was receiving for her tax money. She told Mayor Waldo she had received a phone call from a member of the gang violence committee, after she had served his recall petition papers, warning her that he had gone to gang members two months before the recall continued) SANDRA NEAL RE LEGALITY OF DUMMY" RECALL; PETITION ON TAXES & WARNING FROM GANG VIOLENCE COMMITTEE BIB] 37657-U01 1977-U02 04-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9753-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 04 21 CC MIN(ÌìÌëJoint Regular Meeting of the Baldwin Park City Council and Adjourned Meeting of the Baldwin Park Redevelopment Agency April 21, 1977 Page 17 was started to ask signatures removed true that they had aid. for their aid in getting recall She said they had said it was refused to come to Mr. Waldo's Mayor Waldo said this was not true and that he had not asked anybody to help him, but that when the election came, she would see how mucn aid will come to both sides, the side that wants progress and the side that wants to stop it. Mrs. Neat stated that the fear and animosity in the town was not progress. 00- Tom Carpenter, 4346 Jerry, asked Mr. Ritchie when Section 6253.5 of the Elections Code had become effective, because when they turned in their petitions for the referendum August 2, 1974, the people who had signed were harassed and CRA had been put over in this way. He said the only thing that had been added by the new Bill, AB 6374, was that the proponents only could see them. He had researched thoroughly with legislators in Sacramento before the Bi11 was passed, and they had felt that the proponents who had gotten the signatures had the right to know whose signatures had been rejected. Mr. Ritchie said Section 6253.5 of the Elections Code had become effective in January of 1975. Mr. Carpenter referred to history of a petition on marijuana which had been passed around prior to 1974 and 1975, with the law enforcement agencies using the petitions to harass and investigate people. The issue came up in the legislature that it was taking their constitutional rights away and making it a police state out of the election laws. Mr. Ritchie said that his points were we11 taken and asked if he would send him a note and outline why he thought the Section was valid, before the City filed their plea. Mr. Carpenter said he had gotten this information from people in Sacramento and that perhaps they wilt attend court and enlighten the judge on why the law is constitutional. They could answer it better than he could. Mayor Waldo stated that his point of contention was that the proponents were allowed to look at the signatures that were thrown off, but what about the ones that were perhaps kept on that were not valid? He stated that, following the petition on Mr. Blewett, Mr. Carpenter had objected to some of the signatures and the City Clerk had put them back on. Mr. Carpenter said that Mayor Waldo hadn't been there and didn't know what happened. 00- Bertha Regus, 5013 Cutter, said she was in accord with Mrs. Batkus that she should have continued) BERTHA REGUS IN FAVOR OF PRIVATE COUNSEL FOR MRS. BALKUS & RE BEING TAPED WHILE CARRY- ING PETITIONS BIB] 37657-U01 1977-U02 04-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9753-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 04 21 CC MIN(ÌìÌëuo-^nt Regular Meeting of the Baldwin Park City Council and Adjourned Meeting of the Baldwin Park Redevelopment Agency Apri1 1, 1977 age 18 private counsel paid by the City. She said that in numerous Council meetings, money had been appropriated for many others who should not have been paid from taxpayer's money. She stated that when she carried petitions, she had been taped without her permission by persons hiding in an old woman's back room. One person was now on the City Council. 00- Bi11 Lane 4339 Atderson, stated there had been a petition out a11 over the county and state for lower property taxes. The petition had gone down by 1400 votes. He said there was a petition coming out of Sacramento on the June ballot to hold the taxes at one percent of the value. There would be 200,000 signatures needed, with 50,000 signatures for a cushion. He stated that people have the right to petition and that the only way they arc going to get their taxes lowered is to sign the petitions. 00- Councilman Aguilar stated that the Council had received an Inner Community Improvement Society proposal in their last newsletter, regarding creation of new jobs in Baldwin Park. He requested that the Staff prepare a report on it for the Council. Councilman Blewett said he would also like to have the Mid-Valley Manpower Consortium, who was experienced in granting applications, prepare an analysis of the proposal. Discussion followed reqarding whether it was necessary to go to an outside agency when the Staff was capable of handling the report. It was the consensus that the Staff could consult them or anyone for input, and bring back the report to the Council. 00- AT 10:40 P.M. THE MEETING ADJOURNED. M/S/C: AGUILAR/ HAMILTON. There were no objections. 00- BILL LANE RE PETITIONS TO LOWER TAXES INNER COMMUNITY IMPROVEMENT SOCIETY PROPOSAL STAFF TO PREPARE REPORT FOR CITY COUNCIL 10:40 P.M. MEETING ADJOURNED j^ THELMA L. BALKUS, CITY CLERK e- APPROVED: / OM S> 1977 Date of Distribution to City Council: April 29, 1977 Date of Distribution to Departments: April 29, 1977 BIB] 37657-U01 1977-U02 04-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9753-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 04 21 CC MIN(ÌìÌëJOINT REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL AND ADJOURNED MEETING OF THE BALDWIN PARK REDEVELOPMENT AGENCY CITY HALL COUNCIL CHAMBERS) 14403 East Pacific Avenue The City Council of the City of Baldwin Park met in regular session and the Baldwin Park Redevelopment Agency met in adjourned session at the above place at 7:30 p.m. An invocation was given by Councilman Hamilton. CITY COUNCIL AND REDEVELOPMENT AGENCY DIRECTORS AGUILAR, BLEWETT, HAMILTON, KITCHEL AND MAYOR WALDO Roll Call: Present: ACTING CITY MANAGER SEXTON EXECUTIVE DIRECTOR OF CRA), ACTING CITY ATTORNEY RITCHIE, DIRECTOR OF PUBLIC WORKS LATHROP, DIRECTOR OF PLANNING KILGOUR, DIRECTOR OF FINANCE HALLOWAY, CHIEF OF POLICE CHELLINO, CITY TREASURER MONTENEGRO AND CITY CLARK BALKUS Also Present: 00- APRIL 21, 1977 7:30 P.M. INVOCATION ROLL CALL CONTINUATION OF PUBLIC HEARING AGP-36 To Consider a Change in the Land Use Element of the General Plan Adopted 9/5/73) From the Present Designation Industrial to a Residential Category of Single or Multi-family and From the Present Designation of Multi-family to Single Family on Properties Lying Southerly of Ramona Boulevard, Easterly of Big Dalton Wash, Northerly of Baditio Street, and Westerly of the Boundary Line of Baldwin Park/West Covina None of the Existing Single Family Areas are Under Consideration)- Initiated by: Planning Commission. 00- AT 10:40 P.M. COUNCILMAN AGUILAR MOVED THAT THE MEETING ADJOURN. COUNCILMAN HAMILTON SECONDED. There were no objections. The motion carried. DATED: April 22, 1977 TIME: 10:00 A.M. 00- CONTINUATION OF PUBLIC HEARING CONTINUED TO MAY 5, 1977 ADJOURNED 10:40 P.M. LLA-^ THELMA L. BALKUS, CITY CLERK BIB] 37657-U01 1977-U02 04-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9753-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 Joint Regular Meeting of the Baldwin Park City Council and Adjourned Meeting of the Baldwin Park Redevelopment Agency April 21, Page 9 1977 Director of Planning Kilgour referred to display maps of the area in Block 1 and 2. He said the Planning Commission recommended modification of Specific Plan 9 by vacating a previously dedicated street, leaving a triangle at the intersection of Robinette and Tracy where three or four properties have not completed dedication. That area win remain Specific Plan 9. City Clerk Balkus read by title: RESOLUTION NO. 77-28, MODIFYING SPECIFIC PLAN 9 AND DIRECTING ACTION TO VACATE STREET PREVIOUSLY DEDICATED AND CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT CASE NO. SP-9) WAIVE FURTHER READING AND ADOPT RESOLUTION NO, 77-28 M/S/C: HAMILTON/AGUILAR. Mayor Waldo called for testimony. A.G. Moore, 13434 Tracy, spoke in favor of deleting the proposed street, specifically 1n Block 2. He suggested that the street department improve Tracy Street, as it was In the same condition it was thirty-six years ago when he moved there. As there was no further testimony in behalf or in opposition to SP-9, Mayor Waldo dosed the public hearing. Roll Ca11. There were no objections. 00- City Clerk Balkus read a tetter addressed to the City Council from Mrs. Balkus. The subject was the case of Kitchet and Waldo Vs. Thelma Balkus. Letter in official files) Acting City Attorney Ritchie stated that the suit was not against Thelma Balkus, but against her in her capacity as the City Clerk. The City's interest is that there be an orderly process of recall and that the City funds be expended properly and legally. He said she had not been sued for damages and had no personal liability and that the interest was that of the people of the City and the City itself. He said that if the City wishes to furnish Mrs. Batkus an attorney, she had no choice in the matter. She cannot insist that the City furnish her with another attorney. He said there was no conflict of interest in his representing the City Clerk on the grounds that he represents Mr. Waldo, and had represented him in the past. He had represented him a year or so ago and been paid for that, but had not represented him since he was employed by the City. He had no expectation of representing him personalty in the future. He said that both 1090 of the Government Code and Proposi- tion 9 made it dear that this representation continued) RES, NO. 77-28, MODIFYING SPECIFIC PLAN 9 & DIRECTING ACTION TO VACATE ST. PREV. DEDICATED & CERT. NEG. DEC. OF ENVIR. IMPACT CASE NO. SP-9) ADOPT RES. NO. 77-28 A. G. MOORE IN FAVOR OF SP-9 & IMPROVEMENT OF TRACY STREET PUBLIC HEARING CLOSED MOTION CARRIED WRITTEN COMMUN. CITY CLERK BALKUS TO C.C. RE CASE OF KITCHEL & WALDO VS. THELMA BALKUS BIB] 37657-U01 1977-U02 04-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9753-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06