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HomeMy WebLinkAbout1977 06 02 CC MIN1977 06 02 CC MIN(ÌìÍ%1 D. E X. JUNE 2, 1977 Invocation Reverend Armon Johnson, Seventh Day Adventist Church Excuse Councilmen Aguilar and Councilmen Blewett Consent Calendar: 1. Approval of Minutes of May 19, 1977 2. Resolution No. 77-39 Allowing Claims and Demands Against the City of Baldwin Park 3. Claim Against the City Sergeart Roger Tremblay 4. Ordinance No. 753 Authorizing an Amendment to the Contract Between the City Counci'l and he Board of Administration of the California Public Employees' Retirement System 5. Approval of Final Acceptance of Sidewalk Reconstruction at Morgan Park Delete Approval of Minutes and Claims and Demands Resolution from Consent Calendar Delete Item 3 from Consent Calendar Concur with Recommendations on the Consent Calendar, with Deletion of Approval of the Minutes, Claims and Demands Resolution and Item 3 Oath Administered Public Hearing, Proposed Use of Federal Revenue Sharing Funds to be Received by the City Publications No Written Protests Public Hearing Opened Don Holmes Oath Administered to Don Holmes Don Holmes in Favor of Dial-A-Ride; Not in Favor of Establishing 3 Human Resources Department Public Hearing Closed 3 Tom Carpenter 3 Public Hearing Re-Opened 3 Tom Carpenter re Taking the Oath at Public Hearing 3 Mr. Carpenter Removed from Council Chambers Councilman Aguilar Arrived 7:50 P.M. Don Holmes re Funds to Support Baldwin Park Boy's Club Ralph Esquer re Revenue Sharing Funds for Drug Abuse and Alcoholism Jeannie Martins in Favor of Human Resources Department Bertha Regus re Funds to Help Senior Citizens Public Hearing Closed McEwen re Citizen Input on Funds During Budget Hearing Consent Calendar Minutes, Claims and Demands, and Claim Against the City Roger Tremblay Reimburse Sergeant Roger Tremblay for Expenses Requested in Claim Against the City Motion Died Deny Roger Tremblay Claim Against the City and Refer to Insurance Carrier Motion Carried Approval of Minutes of May 19, 1977 Carried Over Until Next Meeting Councilman Aguilar re Warrant No. 7681 $300, Parents & Youth Council 6 Staff Investigate Expenditure and Report Back to City Council Delete Warrant No. 7681 from Claims and Demands Resolution 6 Until Report is Received on Expenditure Approve Resolution No. 77-39, Claims and Demands, with Deletion 6 of Warrant No. 7681 Approve Application for Rate Increase Yellow Cab Company 6 of San Gabriel Valley, Inc. Mayor Waldo re Mr. Carpenter's Return to Council Meeting 6 Resolution of Appointments to Various Corrmissions 6 Councilman Kitchet Request Take No Action Until Next Council 6 Meeting After Report is Brought Back from Staff BIB] 37657-U01 1977-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9757-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 06 02 CC MIN(ÌìÍ%Index June 2, 1977 Page Two Appointment to Commissions Continued Pending Report on Composition of all Commissions Report on Cost of Recent Personnel Hearings Report from Youth Activities Advisory Commission Brotherhood, USA Management Audit Report Arthur Andersen & Co. 8 Ken Wells, Presentation 8 Accept Andersen Management Report and File for Consideration 9 Motion Withdrawn Accept Management Audit Report Prepared by Arthur Andersen 9 & Co. and Consider Implementation of It at the Earliest Possible Time Report from RTD Board Charles Storing Re-Elected as 9 Representative to Corridor D" Request for Implementation of Sidewalks North and South 9 Sides of Pacific Avenue Big Dalton, Stichman and Vineland Ave. Engineering Staff Check and Start Implementation of Sidewalk 9 in These Two Areas on Pacific Avenue Engineering Staff Check These Two Areas on Pacific Avenue and Come Back With a Report on Implementation of Sidewalks Councilman Aguilar re Use of Community Center by Church Group and Request for Report from Acting City Manager on Charges Acting City Attorney McEwen re Request for Representation for Mayor Waldo and Councilman Kitchel in Defense of Cross Complaint by Mrs. Batkus Deny Request That City Provide Defense to the Cross Complaint Motion Died Authorize Acting City Attorney to Represent City of Baldwin Park and Any Members Named in Lawsuit Gloria Zook re City Council Paying for People's Lawsuit; Conflict of Interest on Vote on Lawsuit and Tremblay Request; Groundbreaking Medallions and Public Funds Adjourned 9 P.M. BIB] 37657-U01 1977-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9757-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 06 02 CC MIN(ÌìÍ%RE6ULAR MEETING OF THE BALDWIN PARK CITY COUNCIL CITY HALL COUNCIL CHAMBERS) 14403 Cast Pacific Avenue The City Council of the City of Baldwin Park met in regular session at the above place at 7:30 p.m. An Invocation was given by Reverend Armon Johnson, Seventh Day Adventist Church. Councilman Kitchel led the salute to the flag. Roll Call: Present: COUNCILMEN HAMILTON, MAYOR PRO TEM KITCHEL AND MAYOR WALDO Absent: COUNCILMEN AGUILAR arrived at 7:50 p.m.) AND COUNCILMEN BLEWETT JUNE 2, 1977 7:30 P.M. INVOCATION FLAG SALUTE ROLL CALL Also Present: ACTING CITY MANAGER SEXTON, ASSISTANT ACTING CITY ATTORNEY MC EWEN. ACTING DIRECTOR OF PUBLIC WORKS SFXTON, DIRECTOR OF PLANNING KILGOUR, DIRECTOR OF FINANCE HALLOWAY, CHIEF OF POLICE CHELLINO, CITY TREASURER MONTENEGRO AND CITY CLERK BALKUS EXCUSE COUNCILMEN AGUILAR AND COUNCILMEN BLEWETT. M/S'/C: KITCHEL/HAMILTON. There were no objections. 00- City Clerk Batkus read by title: EXCUSE COUNCILMEN AGUILAR AND BLEWETT RESOLUTION NO. 77-38 COMMENDING CLIFFORD 0. STEELE FOR HIS OUTSTANDING PUBLIC SERVICE TO THE CITY OF BALDWIN PARK WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 77-38. M/S/C: HAMILTON/KITCHEL. There were no objections. Mayor presented a Resolution of Commendation to Lt. Steele and expressed appreciation on behalf of the City. 00- City Clerk Balkus presented the Consent Calendar: 1. Approval of Minutes of May 19, 1977 RES. NO, 77-38, COMMENDING CLIFFORD STEELE FOR OUT- STANDING PUBLIC SERVICE TO CITY OF BALDWIN PARK RES. NO. 77-38 ADOPTED RES. PRESENTED TO LT. STEELE CONSENT CALENDAR APPROVAL OF MINUTES 5/19/77 2. Waive Further Reading and Adopt RESOLUTION NO. 77-39 ALLOWING CLAIM:) AND DEMANDS AGAINST THE CITY OF BALDWIN PARK RES. NO. 77-39. CLAIMS & DEMANDS WARRANT NOS. 7591 & 7664 7742, PAYROLL 5/1/77 5/14/77 3. Deny and Refer to Insurance Carrier Claim Against the City Sergeant Roger Trembtay CLAIM AGAINST CITY SGT. ROGER TREMBLAY continued) BIB] 37657-U01 1977-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9757-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 06 02 CC MIN(ÌìÍ%Regular Meeting of the Baldwin Psrk City Council June 2. 1977 Page 2 4. Waive Further Reading and Adopt ORDINANCE NO. 753 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 5. Approval of Final Acceptance of Sidewalk Reconstruction at Morgan Park Mayor Waldo stated that Councilman Aguitar had requested that two items be deleted from the Consent Calender, Approval of the Minutes and the Claims and Demands Resolution, unfit his arrival from a late meeting in Los Angeles. Councilman Hamilton requested that Item 3 be pulled from the Consent Calendar for discussion. CONCUR WITH RECOMMENDATIONS ON THE CONSENT CALENDAR. WITH DELETION OF APPROVAL OF THE MINUTES. CLAIMS & DEMANDS RESOLUTION AND ITEM 3. M/S/C: KITCHEL/HAMILTON. Roll Call. yes: KITCHEL/HAMILTON/WALDO. Councllmen Agullar and Btewett were absent. 00- City Clerk Balkus administered the Oath to those in the audience desiring to be heard during the meeting. 00- It was the time and place fixed for a public hearing on the Proposed Use of Federal Revenue Sharing Funds to be Received by the City. Proper publications had been accomplished ORD. NO. 753, AUTH. AN AMENDMENT TO CONTRACT BTWN. C.C. & BD. OF ADMIN. OF THE CALIF. P.E.R.S. SYSTEM APPROVAL OF FINAL ACCEPTANCE OF SIDEWALK RECON- STRUCTION AT MORGAN PARK DELETE APPROVAL 0- MINUTES & CLAIMS DEMANDS RES. FROM CONSENT CALENDAR DELETE ITEM 3 FROM CONSENT CALENDAR CONCUR WITH RECOMM. ON THE CONSENT CALENDAR. WITH DELETION OF APPROV, OF THE MINUTES, CLAIMS & DEMANDS RES. & ITEM 3 OATH ADMINISTERED PUBLIC HEARING, PROPOSED USE OF FED. REVENUE SHAR- ING FUNDS TO BE RECEIVED BY THE CITY PUBLICATIONS There were no written protests. Mayor Waldo opened the public hearing and asked for testimony by the public. Don Holmes, 13838 Palm Avenue, addressed the Council. Mayor Waldo asked if he had been sworn in as this was a public hearing. Mr. Holmes said he had no objection to being sworn in. but thought it was very facetious. Acting City Attorney McEwen asked City Clerk Balkus to swear Mr. Holmes in. City Clerk Balkus administered the Oath to Mr. Holmes. continued) NO WRITTEN PROTESTS PUBLIC HEARING OPENED DON HOLMES OATH ADMINISTERED TO DON HOLMES BIB] 37657-U01 1977-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9757-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 06 02 CC MIN(ÌìÍ%Regular Meeting of the Baldwin Park City Council Mr. Holmes stated that he would like to see some of the proposed allocations for the revenue sharing funds reconsidered. He said he was in favor of using the funds to implement a public transportation system such as Diat-A-Ride" for senior citizens. He stated he had previously submitted a proposal. He said he thought the money would be misspent to establish a human resources department that would put another layer of government in Baldwin Park and put the Department of Recreation & Parks and others under their Jurisdiction. Mayor Waldo said that the Senior Citizens Advisory Commission was studying the possibilities of a mini bus As there was no further testimony in behalf or in opposition to the public hearing on the Proposed Use of Federal Revenue Sharing Funds to be Received by the City> Mayor Waldo closed the Public Hearing. Tom Carpenter, 4346 Jerry, stood to give testimony and was told that the hearing was closed. Mr. Carpenter stated this was a federal hearing and he had not been allowed to speak. At the request of Councilman Hamilton, Mayor Waldo re-opened the public hearing. Assistant Acting City Attorney McEwen asked if Mr. Carpenter had been sworn, and asked City Clerk Balkus to administer the Oath. Mr. Carpenter stated it was not the rules of the U.S. government to swear in for a public hearing and attempted to read from the Congressional Record. He said they did not swear anyone in at the public hearings on the CRA and that they would b(i taking away his right. Mr. McEwen stated it was an established practice to give the Oath at the City Council meetings to anyone who wished to testify. Mayor Waldo asked Mr. Carpenter to comply or he would call him out of order. Mr. Carpenter said he had worked a year or this and that if he threw him out" he would take Mayor Waldo to the federal court; that this was a public hearing at which citizens shall have th^ opportunity to provide written and oral comments. He asked that he be allowed to read from the Congressional Record. Mayor Waldo asked that Mr. Carpenter be removed for being out of order. Mr. Carpenter said he would sit down, but that he wanted it on the record that he had been denied his rights under the federal law, Mr. McEwen said that Mr. Carpenter's rights had not been taken away and that a simple solution would be to have the City Clerk administer the Oath. Mr. Carpenter said that was not necessary. Mr. McEwen said this was not legally necessary, but was an established practice in this City. Mayor Waldo said if Mr. Carpenter would rerrain silent, he would not have to be removed. continued) June 2. 1977 Page 3 DON HOLMES IN FAVOR OF DIAL-A- RIDE; NOT IN FAVOR OF ESTABLISHING HUMAN RESOURCES DEPARTMENT PUBLIC HEARING CLOSED TOM CARPENTER PUBLIC HEARING RE-OPENED TOM CARPENTER RE TAKING THE OATH AT PUBLIC HEARING BIB] 37657-U01 1977-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9757-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 06 02 CC MIN(ÌìÍ%Regular Meeting of the Baldwin Park City Council Mr. Carpenter said he had the right to speak. Mayor Waldo told Mr. Carpenter he was disrupting the meeting and asked the Sergeant-at-Arms to remove him from the room. Director of Finance Haltoway stated this was a duly noticed hearing to give the citizens of Baldwin Park an opportunity to give testimony on uses of the revenue sharing funds, as required by law. Councilman Aguilar arrived at 7:50 p.m. June 2, 1977 Page 4 MR. CARPENTER REMOVED FROM COUNCIL CHAMBERS COUNCILMAN AGUILAR ARRIVED 7:50 P.M. Mayor Waldo suggested holding the public hearing over until the next Council Meeting to give more citizens a chance to participate. Mr. Hatloway said this would necessitate postponement of the hearing on the City budget as the City Council may not receive the pre- liminary budget until seven days after this hearing. The budget hearing couldn't be held until seven days after the next Council Meeting if it were held over. Don Holmes, 13838 Palm Avenue, suggested that som6 of the revenue sharing funds be allocated to help support the Baldwin Park Boy's Club. Councilman Hamilton stated that the Community Center will be providing a facility for the Boy's Club as well as many plans for their recreadon. Ralph Esquer, 3335 Paddy Lane, was administered the Oath by City Clerk Balkus. He asked when the oral or written presentations regarding the federal revenue sharing funds would be submitted. Assistant Acting City Attorney McEwen stated that that was the purpose of the hearing tonight, to receive these from the citizens of Baldwin Park. Mr. Esquer asked how much money were they talking about. Mr. Hattoway said, $480,000. Mr. Esquer suggested that consideration be given to some kind of a program to combat drug abuse and atchohotism. Mayor Waldo said they wanted to create the Human Resources Department to help with this. Mr. Esquer said his understanding of Human Resources was to try to find employment for people. He wanted to help individuals before they reached Skid Row level. Jeannie Martins, 14621 Channing Street, was administered the Oath by City Clerk Balkus. She said that everyone seemed to be in agree- ment that programs were needed for senior citizens, youth, drugs and atchohol, and that all this would be covered by the Human Resources Department. Bertha Regus, 5013 Cutler Street, was administered the Oath by City Clerk Balkus. She said she would tike to see the funds expended to help the neglected continued) DON HOLMES RE FUNDS TO SUPPORT B.P. BOY'S CLUB RALPH ESQUER RE REVENUE SHARING FUNDS FOR DRUG ABUSE & ALCHOHOLISM JEANNIE MARTINS IN FAVOR OF HUMAN RESOURCES DEPT. BERTHA REGUS RE FUNDS TO HELP SENIOR CITIZENS BIB] 37657-U01 1977-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9757-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 06 02 CC MIN(ÌìÍ%Regular Meeting of the Baldwin Park City Council June 2, 1977 Page 5 senior citizens of Baldwin Park get transportation and things that senior citizens have in other towns. As there was no further testimony in behalf or in opposition to the public hearing on the Proposed Use of Federal Revenue Sharing Funds to be Received by the City, Mayor Waldo closed the Public Hearing. Mr. McEwen stated that there would be a second hearing on this matter, at which the citizens could present written and oral communications to the Council on the proposed uses as they are budgeted during the forthcoming budget hearing. 00- Mayor Waldo referred to the three items that had been deleted from the Consent Calendar until the arrival of Councilman Aguilar: the Minutes» the Claims & Demands Resolution and the Claim Against the City by Roger Tremblay. Councilman Hamilton referred to the claim against the City by Sgt. Roger Trembley, and stated that he felt the City had a moral obligation to reimburse him for his expenses, since the hearing had tieen brought about by the City and since he had been cleared of the charges. REIMBURSE SGT. ROGER TREMBLAY FOR EXPENSES REQUESTED IN HIS CLAIM AGAINST THE CITY. M: HAMILTON. The Motion died for lack of a second. DENY ROGER TREMBLAY CLAIM AGAINST THE CITY AND REFER TO INSURANCE CARRIER. M/S/C: AGUILAR/KITCHEL. Rol1 Call. Ayes: AGUILAR/ KITCHEL/WALDO. Noes: HAMILTON. Councilman Blewett was absent. The Motion carried. Councilman Aguilar referred to Page 2 of the Minutes of May 19, 1977 to be approved. He said that the Minutes were incorrect that Councilman Blewett had asked for Item 3 and 5 of the Consent Calendar to be removed. He said Councilman Blewett had asked for the whole Resolution No. 77-34 to be removed, not just the two items. City Clerk Balkus stated that the Item 3 of the Consent Calendar that had been removed was Resolution No. 77-34 She suggested that the Minutes be considered at the next meeting, with any necessary revisions. Assistant Acting City Attorney suggested that if the Minutes were revised, they might also be revised according to a letter received by Mr. Carpenter, claiming that the summary of what he had said relative to the gang shootings of the Abner family was incorrect. He said it was not necessary to put in everything verbatim, but to revise the summary of his statements so that his remarks were accurately summarized. Council concurred that the Minutes of May 19, 1977 would be carried over until the next Council Meeting. continued) PUBLIC HEARING CLOSED MR. MC EWEN RE CITIZEN INPUT ON FUNDS DURING BUDGET HEARING CONSENT CALENDAR MINUTES, CLAIMS & DEMANDS, & CLAIM AGAINST THE CITY ROGER TREMBLAY REIMBURSE SGT. ROGER TREMBLAY FOR EXPENSES RE- QUESTED IN CLAIM AGAINST THE CITY MOTION DIED DENY ROGER TREMBLAY CLAIM AGAINST THE CITY & REFER TO INSURANCE CARRIER MOTION CARRIED APPROVAL OF MINUTES OF MAY 19, 1977 MINUTES CARRIED OVER UNTIL NEXT COUNCIL MEETING BIB] 37657-U01 1977-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9757-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 06 02 CC MIN(ÌìÍ%Regular Meeting of the Baldwin Park City Council Councilman Aguilar referred to Warrant No. 7681 to Parents & Youth Communication Committee. He had been told that two boys had distributed the loan fliers for $50 apiece, or $100. He said $200 was left over and there was a lawsuit against Parents & Youth for $4 1/2 million. He said Mid-Valley Manpower Consortium was involved in the balance of it, because they were the ones sponsoring them for the money. He said he would like a report on what they did with the $200, because if Mid-Valley Manpower is in a lawsuit because they are a funding agency, he would not want the City to get into another law suit. Mr. Sexton said his understanding was that Councilman Aguilar wanted Staff to investigate the expenditure and report back to Council. DELETE WARRANT NO. 7681 FROM CLAIMS AND DEMANDS RESOLUTION UNTIL REPORT IS RECEIVED ON EXPENDITURE. M/S/C: AGUILAR/HAMILTON. Roll Call. Ayes: AGUILAR/HAMILTON/KITCHEL/WALDO. Councilman Blewett was absent. The motion carried. APPROVE RESOLUTION NO. 77-39, ALLOWING CLAIMS AND DEMANDS, WITH DELETION OF WARRANT NO. 7681. M/S/C: KITCHEL/AGUILAR. Roll Ca11. Ayes: KITCHEL/AGUILAR/HAMILTON/WALDO. Councilman Blewett was absent. The motion carried. 00- City Clerk Balkus referred to an application for a rate Increase from the Yellow Cab Company of San Gabriel Valley, Inc., which she said was due to the rising costs of gasoline, wages and insurance. Acting City Manager Sexton said Yellow Cab had not had a rate increase since 1974. and that the Staff felt this was a reasonable request and would recommend approval. APPROVE APPLICATION FOR RATE INCREASE YELLOW CAB COMPANY OF SAN GABRIEL VALLEY. INC. M/S/C: KITCHEL/A6UILAR. There were no objections. 00- Mayor Waldo instructed Mr. French, the Sergeant- at-Arms, that Mr. Carpenter may return if he will not disrupt this body and will conform to Its rules. 00- City Clerk Balkus referred to the resolutions of appointments to the various Commissions. She said the first Resolution was to appoint to the Personnel Commission. Councilman Kitchel requested that no action be taken on Commission appointments, in light of the forthcoming Anderson management audit report and creation of Human Resources Department, and that Staff look into alt the Commissions and report back at next Council Meeting with infomation relative to tenure in office, residency requirements, composition of each of these groups and the possibility of restructur- ing some of the Commissions. continued) June 2. 1977 Page 6 C. AGUILAR RE WARRANT NO. 7681 $300, PARENTS & YOUTH COUNCIL STAFF INVESTIGATE EXPENDITURE & REPORT BACK TO C.C, DELETE WARRANT NO. 7681 FROM CLAIMS & DEMANDS RES. UNTIL REPORT IS RECEIVED ON EXPEND- ITURE APPROVE RES. NO. 77-39, CLAIMS & DEMANDS. WITH DE- LETION OF WARRANT NO. 7681 APPLICATION FOR RATE INCREASE YELLOW CAB CO. OF SAN GABRIEL VALLEY APPROVE APPLIC. FOR RATE INCREASE MAYOR WALDO RE MR. CARPENTER'S RETURN TO COUNCIL MEETING RESOLUTIONS OF APPOINTMENTS TO VARIOUS COMMISSIONS C. KITCHEL REQUEST TAKE NO ACTION UNTIL NEXT COUNCIL MEETING AFTER RE- PORT IS BROUGHT BACK FROM STAFF BIB] 37657-U01 1977-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9757-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 06 02 CC MIN(ÌìÍ% Regular Meeting of the Baldwin Park City Council June 2, 1977 Page 7 Councilman Hamilton said he had talked to most of the Commissioners who are now serving and some whose names had been submitted, with the exception of the two individuals whose terms with the Personnel Commission expire June 30. He said he would like to vote for all but the Personnel Commission tonight, as he wouldn't want to lose any of the good Commissioners with the delay. Councilman Kitchel stated that their terms did not expire until June 30, so that did not necessitate action tonight. He suggested they act on them all together. Councilman Hamilton said he would not object to that, because if the Council did not re- appoint, the Commissions would continue to serve until they were replaced. Councilman Aguilar referred to the Recreation and Parks Commission, and said that students from both schools are elected by their schools. Councilman Kitchel said they had not received that information yet tonight. Councilman Hamilton said his understanding w&s that the Principal of each High School made the recommendations for the two students who would serve. City Clerk Batkus stated that Baldwin Park High School had recommended Anthony PortiTIo, but no recommendation had been received from Sierra Vista High School. APPOINTMENT TO COMMISSIONS CONTINUED PENDING REPORT ON COMPOSITION OF ALL COMMISSIONS. 00- Acting City Manager Sexton referred to a request made at the last Council Meeting for a report relative to cost of the recent personnel hearings. He said the Director of Finance could elaborate on his report if more information was required. He stated, in summary, that the total cost amounted to approximately $29,000 for legal fees and approximately $8,000 for back wages and benefits, making a total of approximately $37,000. 00- Acting City Manager Sexton said a report had been received from the Youth Activities Advisory Commission, indicating the success of their Brotherhood, USA program. Their Chairman had reported that four students have been fully sponsored by various organiza- tions in the community and funded to attend the camp which is the National Conference of Christians and Jews. The students who are arranging to go ate Dinora Woo, North Park, Ninfa Romero. Sierra Vista, and Jessie Sanchez and Lupe Contreras from Baldwin Park High. He said the Council would be receiving a full report from the Commission and that there was time enough to handle further action Council might wish to consider. 00- APPT. TO COMMISSIONS CONT. PENDING RPT. REPORT ON COSTS OF RECENT PERSONNEL HEARINGS REPORT FROM YOUTH ACTIVITIES ADVISORY COMMISSION BROTHERHOOD, USA BIB] 37657-U01 1977-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9757-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 06 02 CC MIN(ÌìÍ% Regular Meeting of the Baldwin Park City Council Acting City Manager Sexton referred to the ftianagement audit authorized by the Council some time ago and said that Arthur Andersen & Co. had completed their report and were there to discuss their findings and answer questions. He identified Andy Krinock, Ken Wells and Pat Murphy from Arthur Andersen & Co., who were present, and said Mr. Wells would make the presentation. Ken Wells. Arthur Andersen & Co., said the purpose of the study was to assist the City in finding ways to improve the effectiveness and efficiency of the management process by going through the process and doing its planning, organizing and staffing of its daily operations. An additional objective of the study was to identify existing or potential problems that render it difficult for the City to provide the services to the community. Six different areas had been selected to look into: the role of Council and the Staff; organization structure of the Staff; management information system available for use» including not only computer- ized reports but routinely prepared manual reports; operating controls in the data processing area; budgeting methods used by the City; and operating controls so that a supervisor can assure himself that his employees are being productive. They had conducted interviews with key staff personnel, all department heads, appropriate personnel in each department, all Councilmen and at least one representative from each Commission regarding conducting their operation. They had examined in detail appropriate documenta- tion and reports used by City personnel. They had developed their preliminary findings and presented it for review and input of Council and Staff to identify any factual errors made in reaching their proposed recommendations. They had concluded that effort and presented the report earlier this week to City Halt. He elaborated on the four major areas that can provide the greatest future benefits for the City to improve its level of services to the community as follows: 1. Develop and adopt a Master Plan; 2. Develop and adopt a proposed reorganization; 3. Plan for the design and implementation of an integrated planning, budgeting and reporting system; and 4. Develop and implement a productivity i improvement program. He said they felt these areas win have the greatest potential impact on the City upon implementation. The next step was to adopt the recommendations. Following this, their recommendation was that the Assistant City Manager, under the overall guidance of the Council and the Acting City Manager, be appointed as a Management Improvement Program Coordinator, and be charged with the responsibility for the detailed planning and evaluation that will lead to the implementation of these recommenda- tions. He should be required to report periodically to the Council and City Manager 00- June 2, 1977 Page 8 MANAGEMENT AUDIT REPORT ARTHUR ANDERSEN & CO. KEN WELLS, PRESENTATION BIB] 37657-U01 1977-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9757-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 06 02 CC MIN(ÌìÍ% Regular Meeting of the Baldwin Park City Council what progress was taking place. It was the consensus of the Council that the plan fitted in with the goals and object- ives as planned for Baldwin Park; that it was a very thorough report; and that its adoption would make more efficiency and productivity in government. ACCEPT ANDERSEN MANAGEMENT REPORT AND FILE IT FOR CONSIDERATION. M/S/C: HAMILTON/KITCHEL. Mr. Sexton said he understood that what the Council wanted to do was not only to accept and approve the Report, but to direct that it be implemented. Mr. McEwen said the Report could be accepted and filed for consideration, with the provisions of it implemented after they had been thought through. Mr. Sexton said he wanted it understood that this report was not going to end up on the shelf, as was connotateti by filing." Councilman Hamilton, with the consent of Councilman Kitchel, withdrew their motion and Mr. McEwen framed the motion. ACCEPT MANAGEMENT AUDIT REPORT PREPARED BY ARTHUR ANDERSEN & CO. AND TO CONSIDER THE IMPLEMENTATION OF IT AT THE EARLIEST POSSIBLE TIME. M/S/C: HAMILTON/KITCHEL. There were no objections. June 2, 1977 Page 9 ACCEPT ANDERSEN MGMT REPORT & FILE FOR CONSIDERATION MOTION WITHDRAWN ACCEPT MGMT AUDIT REPORT PREPARED BY ARTHUR ANDERSEN & CO. & CONSIDER THE IMPLEMENTATION OF IT AT THE EARLIEST POSSIBLE TIME Mr. Sexton stated that the proposed recommenda- tions for program budgeting could not be imple- mented at this time, as they are nearing budget hearings. The budget will be a line item budqet typical to what had been adopted in the past, although they expect to present a program budqet to the Council sometime during this fiscal budget year that may alter the existing budget to be considered in the next week or so. 00- Councilman Aguilar reported from the RTD Board that Charles Storing had been re-elected as representative to Corridor D". 00- Councilman Hamilton said two people had requested that the Council check on areas on Pacific Avenue where sidewalks were badly needed. He indicated the north and south sides of Pacific Avenue in the area of Big Dalton, Stichman and Vineland and said that fast traffic was endangering pedestrians ENGINEERING STAFF CHECK AND START IMPLEMENTATION OF SIDEWALKS IN THESE TWO AREAS ON PACIFIC AVL:. M: HAMILTON. continued) REPORT FROM RTD BOARD CHARLES STORING RE-ELECTED AS REPRESENTATIVE TO CORRIDOR D" REQUEST FOR IMPLE- MENTATION OF SIDE- WALKS N. & S. SIDES OF PACIFIC AVE. BIG DALTON. STICHMAN & VINELAND ENGRG STAFF CHECK & START IMPLEMENTA- TION OF SIDEWALKS IN THESE TWO AREAS ON PACIFIC AVE. BIB] 37657-U01 1977-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9757-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 06 02 CC MIN(ÌìÍ% 1977 06 02 CC MIN(ÌìÍ% Regular Meeting of the Baldwin Park City Council June 2, 1977 Page 11 Councilman Hamilton stated he thought they were asking for funds to pay their attorney. Mayor Waldo said they were suing the City and suing he and Mr. Kitchel in their official capacity as Mayor and councilman, and that for that aspect of the suit it was appropriate for the City Attorney to represent the City and them in their official capacity. They had retained their own attorney to represent them personally. Councilman Hamilton asked if they were asking for funds to pay their attorney. Mayor Waldo said. no, but if the attorney had to defend the City, they felt that he should defend them as City officials. Councilman Hamilton stated that Mayor Waldo and Councilman Kitchel had brought the suit against the City Clerk and had retained their own attorney and were now asking that their attorney be paid. He said Mrs. Balkus did not bring the suit. Mayor Waldo said that they were paying their own attorney. Mr. McEwen stated that there had been a laws.jit brought by Mayor Waldo and Councilman Kitchel against Mrs. Balkus, in which the City Council had authorized the City Attorney to represent the City and Mrs. Balkus. An answer had bee'i filed in that lawsuit by Mrs. Balkus as an individual and by her attorney in which they also included a cross complaint against the City. It was associated with the other law suit but was a separate law suit brought against the City and Mayor Waldo and Councilman Kitchel and the City Council. What they wer^ asking for was that the City provide representa- tion in the second law suit for them in thei^ official capacity and that the City also author- ize the City Attorney to appear on behalf of the City There would be no duplication of effort by appearing on behalf of the City and essentially appearing on behalf of the two Councilman. The Government Code had provided that the City employee or official who is sued in his official capacity can require that the City provide representa.'-.ion for him in that lawsuit. Councilman Hamilton said he strongly opposed having the City pay for the attorney they had hired. Mr. McEwen said that if their request is approved, the City Attorney would be authori/.ed to appear on their behalf in a lawsuit. Councilman Hamilton asked why this would be necessary, since Mrs. Balkus had an attorney and Mayor Waldo and Councilman Kitchel had an attorney. He stated this would be hiring another attorney. The attorneys for the police hearing had cost $37,000 and he wondered how much this was going to cost. Mr. McEwen said there wouldn't be any increased cost to the City by approving their reauest to defend them, if the City Attorney was continued) BIB] 37657-U01 1977-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9757-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 06 02 CC MIN(ÌìÍ%Regular Meeting of the Baldwin Park City Council authorized to appear on behalf of the City as the City Attorney would be appearing on behalf of the two councilmen as well as the City. He referred to the claim of Mrs. Stauskus against the City and said that she was in the same capacity as Mrs. Balkus in this situation, as she was suing the City. Councilman Hamilton said when the City attorneys appear in court for the City, they chcirge extra money for that. He said he wanted it cleared up what he meant when he said it was not going to cost extra money. Mr. McEwen stated that if the City didn't defend against this lawsuit a default would be taken against the City and the City would be liable for the request for liability in the lawsuit. The cross complaint was a suit for payment of the attorney fees of Mr. Flandrick, which could be substantial. Councilman Hamilton said that Mrs. Balkus had obtained Mr. Flandrick as her attorney and the Council majority had ruled that she didn't have a right to her own attorney and the the City Attorney should defend her as the City Clerk. A judqe had ruled that this was a conflict of interest and now she was asking that the City pay her attorney. He said she had had nothing to do with bring- ing this suit about; it had been brought about by two members of the City Council. He asked that Mr. McEwen clear up the statement that it wouldn't cost the City more money. Mr^. McEwen said that the City was a defender; in'a suit brought by Mrs. Balkus against the City, and that unless the Council author- ized them to appear on behalf of tne City, a default would be taken and the City would be liable for the attorney's fees. He had meant that by authorizing the City Attorney to appear on behalf of the two councilmen as well as the City, it would not increase the fees that the City was going to be liable for, because they would be there defending the City in the first place. Councilman Hamilton said that he had been told before that there would be no differ' ence in the cost whether Mrs. Balkus had the City Attorney or the attorney of her choice, as the City Attorney does charge extra when they go into court. He had felt that it was proper for her to have her own attorney when she didn't want the City Attorney, because he had been told it wouldn't cost the taxpayers any more money. He said now that they are yoing to ask the City Attorney to defend the City, they will have to pay him $60 an hour or $150 a day every day he is there, but then they tell him it isn't going to cost any more money. continued) June 2, 1977 Page 12 BIB] 37657-U01 1977-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9757-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 06 02 CC MIN(ÌìÍ%Regular Meeting of the Baldwin Park City Council DENY REQUEST THAT CITY PROVIDE DEFENSE TO THE CROSS COMPLAINT. M: HAMILTON. The motion died for lack of a second. AUTHORIZE ACTING CITY ATTORNEY TO REPRESENT THE CITY OF BALDWIN PARK AND ANY MEMBERS NAMED IN THE LAWSUIT. M/S/C: AGUILAR/KITCHEL. Rol 1 Call. /\yes: AGUILAR/KITCHEL/WALDO. Noes: HAMILTON. The motion carried. Councilman Blewett was absent. 00- Gloria Zook, 4817 N. LaRica, Chairman of the People for Political Action, Baldwin Park, stated that she also asked the City that they pay for the people's lawsuit. She said 4,000 people had signed that petition and that she thought the Council was in conflict of interest twice tonight. Once was because of the last vote on the lawsuit and in light of Mayor Waldo's comments to the paper, he was in direct conflict of interest in voting against Mr. Tremblay's request. She said she understood that the little gold medallions being worn by Mr. Sexton, Mr, Waldo and Mrs. Crites tonight were from the ground breaking and asked if other elected officials such as Councilman Hamilton and Blewett, Mrs. Montenegro and Mrs Balkus had received one. She said if they had not received them, then they were giving away public funds and were digging that hole a little deeper and were almost under." Councilman Hamilton stated he had received. a medallion and thought all Councilmen had received them. Mrs. Zook asked if Mrs. Montenegro and Mrs. Balkus had received one. Mayor Waldo said they had had them available for Commissioners and believed there was also one available for Mrs. Montenegro and Mrs. Balkus. 00- June 2, 1977 Page 13 DENY REQUEST THAT CITY PROVIDE DEFENSE TO THE CROSS COMPLAINT MOTION DIED AUTH A.C.A. TO REPRESENT CITY OF B.P. & ANY MEMBERS NAMED IN LAWSUIT GLORIA ZOOK RE C.C. PAYING FOR PEOPLE'S LAWSUIT; CONFLICT OF INT. ON VOTE ON LAWSUIT & TREMBLAY REQUEST; GROUNDBREAKING MEDALLIONS & PUBLIC FUNDS MEETING ADJOURNED AT 9 P.M. M/S/C; HAMILTON/K1TCHEL. There were no objections. ADJOURNED 9 P.M. 00- J^^^/S^^ THECMA L. 3ALKUS, CITY CLERK APPROVED: AJ^ / 1977 T~J' Date of Distribution to City Council: June 10, 1977 Date of Distribution to Departments: June 10, 1977 BIB] 37657-U01 1977-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9757-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 Regular Meeting of the Baldwin Park City Council June 2, 1977 Page 10 Councilman Kitchel suggested the use of HCD funds. Councilman Hamilton stated that HCD funds could be lent to people who needed it until it could be paid back or until their property was sold. These funds are available but are not being used, possibly because citizens are not aware of it. He said he considered this area a good place to start using these funds, as someone may get hurt there. Councilman Kitchel said he and Mr. Sexton had inspected the area and agreed it was a dangerous situation. He also suggested getting a report from Staff. ENGINEERING STAFF CHECK THESE TWO AREAS ON PACIFIC AVE. AND COME BACK WITH A REPORT ON IMPLEMENTATION OF SIDEWALKS. M/S/C: HAMILTON/KITCHEL. There were no objections. ENGRG STAFF CHECK THESE TWO AREAS ON PACIFIC AVE. & COME BACK WITH A REPORT ON IMPLE- MENTATION OF SIDEWALKS 00- Councilman Aguilar referred to a church group who had had a tent revival in town and had had to remove their tent because it wasn't fire proof. He said they were now using the Community Center. He asked the City Manager for a report on how much the church group was being charged at the Community Center and suggested the possibility of their using it rent free as they are going to be there only a month. 00- Acting City Attorney McEwen stated that. a request was being made on behalf of Mayor Waldo and Councilman Kitchel for representation in defense of a cross complaint brought against them and against the City by Mrs. Thelma Balkus. This was part of the matter of Kitchel vs. Balkus They had submitted a written request to the City Council that they be provided with a defense in accordance with the applicable provisions of the Government Code. He said the basic thrust of the cross complaint was that the attorney's fees for Mrs. Balkus be paid by the City. Mayor Waldo said this would do the same thing for them that the City would have done for Mrs. Balkus» and that was to have the City Attorney represent them in their official capacity, as the cross complaint had been filed against the City and them in their official capacity. They had retained an attorney to represent them in their personal capacity. Councilman Hamilton said he didn't agree that it was the same thing and that Mrs. Balkus didn't bring the suit about. It had been brought about by Mayor Waldo and CounciIman Ki tchel. Mr. McEwen said the defense 1n this matter was to a cross complaint filed by Mrs. Balkus's attorney against the City. It was joint with the Other suit, but a separate suit- continued) C. AG.UILAR RE USE- OF COMMUNITY CENTER BY CHURCH GROUP AND REQUEST FOR REPORT FROM A.C.M. ON'CHARGES A.C.A. MC EWEN RE REQUEST FOR REPRESENTATION FOR MAYOR WALDO & C. KITCHEL IN DEFENSE OF CROSS COMPLAINT BY MRS. BALKUS BIB] 37657-U01 1977-U02 06-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9757-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06