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Home My WebLink About1977 07 21 CC MIN1977 07 21 CC MIN(ÌìÌ‰INDEX JULY 21, 1977 Invocation Dr. C. S. Lovett, Personal Christianity Chapel Consent Calendar 1. Approval of Minutes of July 7, 1977 2. Receive and File Treasurer's Report June 30, 1977 3. Resolution No. 77-54 Claims and Demands, Warrant No. 7831 and 8065 8173, Payroll 6/12/77 6/25/77 4. Resolution No. 77-55 Claims and Demands, Warrant Nos. 10-12 5. Claim Against the City Alfredo E. Trinidad 6. Ordinance No. 754, Amending a Certain Section of Baldwin Park Zoning Code re Increased Parking Standards and Certifying the Negative Declaration of Environmental Impact AZC-75) 7. Approval of Final Acceptance of Swimming Pool Replastering at Morgan Park 8. Approval of Final Acceptance of Replacement of Swimming Pool Filter System at Morgan Park 9. Approval of Purchase of Equipment for Public Services Building 10. Receive and File Report on Fences in Residential Areas Councilman Aguilar re Corrections to Minutes 7/7/77 Mayor Waldo re Corrections to Minutes 7/7/77 Assistant Acting City Attorney McEwen re Verbatim Transcript from Minutes 7/7/77 Relative to Public Hearing on Councilman Btewett Warrant No. 7831, Claims and Demands, Withdrawn for Discussion Warrant No. 8137, Claims and Demands, Withdrawn for Discussion Warrant No. 8128, Claims and Demands Warrant No. 8137, San Gabriel Valley Tribune Legal Advertising Warrant No. 7831, Advertising in Treasure Chest Concur with Recommendations on Consent Calendar, Including Corrections to Minutes of 7/7/77, and Deletion of Warrant No. 7831 from Claims and Demands Resolution Approve Adoption of Warrant No. 7831 in Accordance with Warrant on Original Claims and Demands Resolution Oath Public Hearing, 1911 Act Short Form Intent to Order Work 77-S-1, S&DA) 77-S-2 S&DA) 77-S-3 S) 77-S-4 S) 77-S-5 CG&DA) Postings and Mailings No Written Protests Public Hearings Opened on 77-S-1, 77-S-2, 77-S-3, 77-S-4 and 77-S-5 Public Hearings dosed The City Council, Having Heard and Considered A11 Objections and Protests, Finds and Determines That the Public Convenience and Necessity Require the Improvements and Hereby Overrules Alt Objections and Protests and Orders the Construction of Such Improvements in Accordance With the Law Public Hearing Z-408, A Proposed Zone Change From C-m to R-2, Parcel One, 15232 and 15322 Ramona Blvd. and from R-3 to R-1. Parcel 2, 15101 Badillo Street Publications, Postings and Mailings No Written Protests Public Hearing Opened Public Hearing Closed Ordinance No. 755, Certifying the Negative Declaration of Environmental Impact and Amending the Zoning Map of Said City, and Rezoning from C-M to R-2 and From R-3 to R-1 Z-408) Ordinance No. 755 Waive Further Reading Ordinance No. 755 Introduced BIB] 37657-U01 1977-U02 07-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9763-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 07 21 CC MIN(ÌìÌ‰Index July 21, 1977 Page Two Public Hearing Residency Qualifications on Councilman Russet! E. Blewett Publication and Notice Mailed Continue Public Hearing to August 18, 1977 Report on Treasure Chest Expenditures Legal Action Filed by Councilman Blewett Authorize City Attorney to Appear and Defend In Behalf of City in Lawsuit Filed by Councilman Blewett Report on Newspaper Circulation Report and Resolutions on Commissions Continued to August 4, 1977 City Council Meeting Resolution Catling and Giving Notice of a Special Election Resolution No. 77-56, Calling and Giving Notice of Special Municipal Election to be Held on Tuesday, 11th Day of October. 1977, for Submission to Voters the Question of Recall of a Certain Officer and the Question of Filling the Vacancy if the Recall Prevails Adopted Mayor Waldo Statement Councilman Kitchel Statement Prepared by his Attorney Adopt Resolution No. 77-56 Motion Did not Carry Adopt Resolution No. 77-57 Motion Did not Carry Mid-Valley Mental Health Intercommunity Improvement Society Copies Requested by Councilman Blewett Authorize Warrant No. for the Amount of $44,000 to the Intercommunity Improvement Society Upon Approval of a Contract Motion Seconded Motion Did Not Carry Ordinance No. 756, Establishing an Interim Zoning Moratorium re Mobilehome Parks Urgency) Ordinance No. 756 Waive Further Reading Adopt Ordinance No. 756 Councilman Hamilton Request for Paperwork in Advance of Meeting Breakfast Meeting with Supervisor Schabarum Monday. July 25, 1977 Gloria Zook re Setting Recall Election Tom Carpenter re Setting Recall Election Bertha Regus re Setting Recall Election Penny Chandler re Lucky Baldwin Little League and Mid-Valley Mental Health Council John Johnson re Constructing Sidewalk Leo King re Setting Recall Election Bob Izett Protest Tax Money Used to Pay Mr. McEwen Jack White Re Actions of City Council and City Attorney George Scott re Medians on Baldwin Park Blvd. Jim McDonatd re Progress Jim Garrow re Progress, Grants and Senior Citizen Housing Assistant Acting City Attorney McEwen re his Statement re Recall Mayor Waldo re Lucky Baldwin Little League 9:18 P.M. Meeting Adjourned BIB] 37657-U01 1977-U02 07-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9763-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 07 21 CC MIN(ÌìÌ‰UNOFFICIAL UNTIL APPROVED REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL CITY HALL COUNCIL CHAMBERS) 14403 East Pacific Avenue The City Council of the City of Baldwin Park met in regular session at the above place at 7:30 p.m. An invocation was given by Dr. C. S. Lovett, Personal Christianity Chapel. Councilman Aguilar led the salute to the flag. Roll Call: Present: COUNCILMEN AGUILAR. BLEWETT. HAMILTON. KITCHEL AND MAYOR WALDO Also Present: ACTING CITY MANAGER SEXTON, ASSISTANT ACTING CITY ATTORNEY MC EWEN, ACTING DIRECTOR OF PUBLIC WORKS SEXTON. DIRECTOR OF PLANNING KILGOUR, CHIEF OF POLICE CHELLINO, CITY TREASURER MONTENEGRO AND CITY CLERK BALKUS Absent: DIRECTOR OF FINANCE HALLOWAY City Clerk Batkus presented the Consent Calendar: 1. Approval of Minutes of July 7, 1977 2. Receive and, File Treasurer's Report June 30, 1977 3. Waive Further Reading and Adopt RESOLUTION NO. 77-54 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Waive Further Reading and Adopt RESOLUTION NO. 77-55 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 5. Deny and refer to Insurance Carrier Claim Against the City Alfredo E. Trinidad 6. Waive Further Reading and Adopt ORDINANCE NO. 754 AMENDING A CERTAIN SECTION OF THE BALDWIN PARK ZONING CODE RELATING TO THE INCREASED PARKING STANDARDS AND CERTIFY- ING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT CASE NO. AZC-75) Approval of Final Acceptance of Swimming Pool Replastering at Morgan Park 8. Approval of Final Acceptance of Replacement of Swimming Pool Filer System at Morgan Park 9. Approval of Purchase of Equipment for Public Services Building 10. Receive and File Report on Fences in Residential Areas continued) JULY 21, 1977 7:30 P.M. INVOCATION FLAG SALUTE ROLL CALL CONSENT CALENDAR APPROVAL OF MINUTES 7/7/77 RECEIVE & FILE TREAS. REPORT 6/30/77 RES. NO. 77-54 CLAIMS & DEMANDS, WARRANT NOS. 7831 & 8065 8173, PAYROLL 6/12/77 6/25/77 RES. NO. 77-55 CLAIMS & DEMANDS, WARRANT NOS. 10 12 CLAIM AGAINST CITY, ALFREDO TRINIDA ORD. NO. 754. AMEND- ING A CERTAIN SECTION OF B.P. ZONING CODE RE INCREASED PARKING STANDARDS & CERIFYING THE NEGATIVE DECLARA- TION OF ENVIRONMENTAL IMPACT AZC-75) APPROVAL OF FINAL ACCEPTANCE OF SWIM- MING POOL REPLASTER- ING AT MORGAN PARK APPROVAL OF FINAL ACCEPTANCE OF REPLACE- MENT OF SWIMMING POOL FILTER SYSTEM AT MORGAN PARK APPROVAL OF PURCHASE OF EQUIPMENT FOR PUBLIC SERVICES BLDG. RECEIVE & FILE REPORT ON FENCES IN RESIDEN- TIAL AREAS BIB] 37657-U01 1977-U02 07-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9763-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 07 21 CC MIN(ÌìÌ‰Regular Meeting of the Baldwin Park City Council Councilman Aguilar referred to the Minutes of July 7, 1977. He referred to the third para- graph on Page 19, saying he had four children rather than two. He said the question had been addressed to him and to Mayor Waldo as responded to in the sixth paragraph on Page 20, rather than to just Councilman Aguitar. He referred to Page 21 and the paragraph relative to a question he had answered. He said his answer was a11 in defense of Mayor Waldo except for the last sentence, which was in his defense. Mayor Waldo referred to Page 17 of the Minutes of July 7 and said that he had voted for the motion for Mid-Valley Mental Health, rather than against it. Assistant Acting City Attorney McEwen stated that a verbatim transcript had been prepared from these minutes and attached to a Complaint served to the City that evening. He asked City Clerk Balkus if this had been prepared by her office. Councilman Blewett said they were verbatim minutes regarding comments by Mr. Aguitar, Mr. Kitchet and Mr. Waldo, and Councitmen Hamilton and Blewett relative to the issue of whether there should be a public hearing on his case at this meeting. He said he had requested the City Clerk's office to prepare a verbatim transcript. Mr. McEwen said that City Clerk Balkus had not signed them and that he did not know how they could purport to be true copies. He said it was a policy question of whether the office should be preparing a verbatim transcript before it had been approved by the Council. He said that if it were to be used for an individual's personal law suit against the City, it should also be passed to the City Manager or the City Attorney. Councilman Aguilar asked if the verbatim transcript was a public document, since it had not been approved by the City Council. Mr. McEwen said it was not yet a public document. Councilman Blewett stated that he had a right to request a verbatim transcript. Mr. McEwen said that he was not stating that he didn't have the right, but that he was suggesting that the City Manager's office and the City Attorney be informed when a verbatim transcript was prepared. That should be the policy as this might very well lead to litigation. He said the other question was whether the standard fee was charged for page reproduction. Councilman Blewett said he had not been charged anything, but would be willing to pay any fee. continued) July 21, 1977 Page 2 C. AGUILAR RE CORRECTIONS TO MINUTES 7/7/77 MAYOR WALDO RE CORRECTIONS TO MINUTES 7/7/77 ASST. A.C.A. MC EWEir RE VERBATIM TRAN- SCRIPT FROM MINUTES 7/7/77 RELATIVE TO PUBLIC HEARING ON COUNCILMAN BLEWETT BIB] 37657-U01 1977-U02 07-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9763-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 07 21 CC MIN(ÌìÌ‰Regular Meeting of the Baldwin Park City Council July 21, 1977 Page 3 Councilman Blewett suggested that the Minutes be held over and that everyone be given a copy of the verbatim transcript to read and be voted on as part of the Minutes. Mr. McEwen said that Minutes were supposed to be a summary and that there was no reason to put all that into the Minutes. Councilman Hamilton questioned Warrant No. 7831, Claims and Demands, on the Consent Calendar. He said it had been held over from the last meeting and asked that it be withdrawn for discussion. Councilman Aguilar asked that Warrant No. 8137, for the legal advertising inviting bids by the San Gabriel Valley Tribune, be withdrawn for discussion. Councilman Blewett questioned Warrant No. 8128 for $6.008.88 on the Claims and Demands. Acting City Manager Sexton stated that this charge was for the court reporting for the personnel hearings for Sergeant Tremblay and Lt. Aldrich. Councilman Aguilar asked who had authorized the $85.16 charge for the legal advertising in the San Gabriel Valley Tribune on Warrant No. 8137. City Clerk Batkus explained that before the bids were held for legal advertising, the City was stilt sending publications to the Tribune, prior to the decision of the Council to make a change. Acting Director of Public Works Sexton confirmed that the Warrant No. covered three different publications; the Department of Public Works had one for the rehabilitation of the Community Center, one was required advertising for the Planning Department and the third one was from the City Clerk's office. Councilman Blewett inquired about the report that had been requested from the City Attorney on the legality of Warrant No. 7831. Assistant Acting City Attorney McEwen said a memo had been presented from his office several months ago relative to publication of this in the City Newsletter. He said the same considerations apply for its publication in the Treasure Chest and that it was within the authority of the City Manager to disseminate it to the public. He said the other question dealt with how the Council should author- ize the expenditure of funds, and that an expenditure within the budget amount required no further appropriation and would be a proper expenditure. Councilman Hamilton stated that his question to Acting City Attorney Ritchie relative rnn'f'i nnort I WARRANT NO. 7831, CLAIMS & DEMANDS, WITHDRAWN FOR DISCUSSION WARRANT NO. 8137, CLAIMS & DEMANDS, WITHDRAWN FOR DISCUSSION WARRANT NO. 8128, CLAIMS & DEMANDS WARRANT NO. 8137 SAN GABRIEL VALLEY TRIBUNE LEGAL ADVERTISING WARRANT NO. 7831, ADVERTISING IN TREASURE CHEST BIB] 37657-U01 1977-U02 07-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9763-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 07 21 CC MIN(ÌìÌ‰Regular Meeting of the Baldwin Park City Council July 21, 1977 Page 4 to whether it was a legal expenditure for the State of the City Address to appear in a full- page ad in the Treasure Chest had never been answered. Mr. Ritchie had sent a written report relative only to the ad appearing in the City Newsletter. He said he had been informed by Mr. Ritchie that it was not a legal expenditure on this particular item, but he had not received this opinion in writing and was questioning whether the expenditure of the $400 was proper procedure. Mr. McEwen repeated that the same consider- ation applied to the Treasure Chest as for the State of the City Address being published in the City Newsletter. He said that if the information published was for the purpose of informing the citizens of the City and for the promotion of the City, it was provided for in the Government Code. He said the problem of political expenditures had been reviewed in their opinion and also applied to the Treasure Chest. He stated that the State of the City Address was not a political speech, but had been factual and informative. He defined an election speech as arising out of an election contest and said that no election was pending at that time. Petitions were being circulated, but no election had been called. He said this expenditure had not been directly related to a valid proposition, but had involved the Mayor reporting to the City on the status of the community. Councilman Blewett said this report had been given at a political fund raiser to raise funds for his political matter. Mr. McEwen said it was his office's opinion that it was a legal expenditure. Councilman Hamilton stated he wanted it in the record that he did not agree with this legal opinion. CONCUR WITH RECOMMENDATIONS ON THE CONSENT CALENDAR, INCLUDING CORRECTIONS TO MINUTES OF JULY 7, 1977, AND DELETION OF WARRANT NO. 7831 FROM THE CLAIMS AND DEMANDS RESOLUTION. M/S: HAMILTON/ BLEWETT. Roil Call. There were no objections. Councilman Hamilton referred to Warrant No. 7831. He suggested that the $400 for the State of the City Address be withheld, but said that he felt that the $800 for the ground breaking was a legal expenditure. Mr. McEwen said the Warrant No. had already been audited and prepared and another Warrant No. would have to be drawn. continued) CONCUR WITH RECOM. MENDATIONS ON CON^ J CALENDAR, INCLUDE CORRECTIONS TO MI? OF 7/7/77, & DELE /N OF WARRANT NO. 783T FROM CLAIMS & DEMANDS RESOLUTION BIB] 37657-U01 1977-U02 07-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9763-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 07 21 CC MIN(ÌìÌ‰Regular Meeting of the Baldwin Park City Council APPROVE ADOPTION OF WARRANT NO. 7831 IN ACCORDANCE WITH WARRANT ON ORIGINAL CLAIMS AND DEMANDS RESOLUTION. M/S/C: KITCHEL/AGUILAR. Roll Call. Ayes: KITCHEL/AGUILAR/WALDO. Noes: BLEWETT/ HAMILTON. The motion carried. 00- City Clerk Balkus did not administer the Oath as no one stood to take the Oath. July 21, 1977 Page 5 APPROVE ADOPTION OF WARRANT NO. 7831 IN ACCORDANCE WITH WARRANT ON ORIGINAL CLAIMS & DEMANDS RESOLUTION OATH It was the time and place fixed for a public hearing on the 1911 Act Short Form Intent to Order Work. 77-S-1 Southwesterly side of Pacific Avenue between Vinetand Avenue and Big Dalton Avenue S&DA) 77-S-2 Northeasterly side of Pacific Avenue between Vinetand Avenue and Stichman Avenue S&DA) 77-S-3 Northeasterly side of Pacific Avenue between Stichman Avenue and Dundry Avenue S) 77-S-4 Northeasterly side of Pacific Avenue between Dundry Avenue and Big Datton Avenue S) 77-S-5 Northwesterly side of Miltbury Avenue between Channing Street and 700 feet Northerly of Channing Street CG&DA) Proper postings and mailings had been accomplished. There were no written protests. Mayor Waldo opened the public hearing. Acting Director of Public Works Sexton said the five public hearings concerning the Short Form districts included four on sidewalks on Pacific Avenue and one on curb and gutter on Mittbury Avenue. He said the purpose of the hearings was to hear any objections regarding the improvements. Mayor Waldo opened the public hearings on 77-S-1. 77-S-2, 77-S-3, 77-S-4 and 77-S-5. PUBLIC HEARING 1911 ACT SHORT FORM INTENT TO ORDER WORK 77-S-1 SOUTHWESTER- LY SIDE OF PACIFIC AVE. BTWN. VINELAND AVE. & BIG DALTON AVE. S&DA) 77-S-2 NORTHEASTER- LY SIDE OF PACIFIC AVE. BTWN. VINELAND AVE. & STICHMAN AVE. S&DA) 77-S-3 NORTHEASTER- LY SIDE OF PACIFIC AVE. BTWN. STICHMAN AVE. & DUNDRY AVE.(S) NORTHEASTERLY SIDE OF PACIFIC AVE. BTWN. DUNDRY AVE. & BIG DALTON AVE. S) 77-S-5 NORTHWESTER- LY SIDE OF MILLBURY AVE. BTWN. CHANNING STREET & 700 FT. NORTHERLY OF CHANNING ST. CG&DA) POSTINGS & MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING OPENED PUBLIC HEARINGS ON 77-S-1, 77-S-2. 77- S-3, 77-S-4 & 77-S- 5 OPENED Mr. Sexton confirmed that findings had been made that improvements were at least 50% completed on each block. continued) BIB] 37657-U01 1977-U02 07-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9763-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 07 21 CC MIN(ÌìÌ‰Regular Meeting of the Baldwin Park City Council As there was no testimony in behalf or in opposition to 77-S-1, 77-S-2, 77-S-3, 77-S-4 and 77-S-5, Mayor Waldo declared the public hearings closed. THE CITY COUNCIL, HAVING HEARD AND CONSIDERED ALL OBJECTIONS AND PROTESTS, FINDS AND DETER- MINES THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENTS AND HEREBY OVERRULES ALL OBJECTIONS AND PROTESTS AND ORDERS THE CONSTRUCTION OF SUCH IMPROVEMENTS IN ACCORDANCE WITH THE LAW. M/S/C: HAMILTON/KITCHEL. Roll Call. There were no objections. 00" It was the time and place fixed for a public hearing on Z-408 A Proposed Zone Change from C-M Commercial Manufacturing) to R-2 Light Multiple Residential) Parcel One, on properties located between 15232 and 15322 Ramona Boulevard, and from R-3 Medium Multiple Residential) to R-1 Single Family Residential) Parcel Two, on property located at 15101 Badillo Street, to effect consistency with the General Plan. Initiated By: Planning Commission. Proper publications, postings and mailings had been accomplished. There were no written protests. Director of Planning Kilgour referred to information in his staff report. He said the same properties had been before the Council about two months ago as a change in the General Plan, as a result of petitions from nearby property owners. This was a follow up to effect consistency between the General Plan and the Zoning Code. Mayor Waldo opened the public hearing on Z-408. As there was no testimony in behalf or in opposition to Z-408, Mayor Waldo declared the public hearing closed. City Clerk Balkus read by title: ORDINANCE NO. 755, CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND AMENDING THE ZONING MAP OF SAID CITY. AND REZONING CERTAIN HEREIN DESCRIBED REAL PROPERTIES FROM ZONE C-M TO ZONE R-2 AND FROM ZONE R-3 TO ZONE R-1 CASE NO. Z-408) WAIVE FURTHER READING OF ORDINANCE NO. 755. M/S/C: HAMILTON/KITCHEL. There were no objections. continued) July 21, 1-977 Page 6 PUBLIC HEARINGS CLOSED THE CITY COUNCIL HAVING HEARD & CON- SIDERED ALL OBJECT- IONS & PROTESTS. FINDS & DETERMINES THAT PUBLIC CONVEN. & NECESSITY REQUIRE THE IMPROVEMENTS I' HEREBY OVERRULES / OBJECTIONS & PROTE S & ORDERS THE CON- STRUCTION OF SUCH IMPROVEMENTS IN ACCORDANCE WITH THE LAW PUBLIC HEARING Z-408 A PROPOSED ZONE CHG. FROM C-M TO R-2 PARCEL ONE, 15232 & 15322 RAMONA BLVD. & FROM R-3 TO R-1 PARCEL 2, 15101 BADILLO ST. PUBLICATIONS, POST- INGS & MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING OPENED PUBLIC HEARING CLOSED ORD. NO. 755, CERT- IFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND AMENDING THE ZONING MAP OF SAID CITY, AND REZONING FROM C-M TO R-2 & FROM R-3 TO R-1 Z-408) ORD. NO. 755 WAIVE FURTHER READING BIB] 37657-U01 1977-U02 07-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9763-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 07 21 CC MIN(ÌìÌ‰ Regular Meeting of the Baldwin Park City Council 755 INTRODUCE ORDINANCE NO. 751. M/S/C: HAMILTON/ KITCHEL. Roll Call. There were no objections. 00- It was the time and the place fixed for a public hearing on the Residency Qualifications on Councilman Russell E. Blewett. Proper publication and notice had been mailed. July 21, 1977 Page 7 755 ORD. NO. 751 INTRODUCED PUBLIC HEARING RESIDENCY QUALIFICA- TIONS ON COUNCILMAN RUSSELL E. BLEWETT PUBLICATION & NOTICE MAILED Assistant Acting City Attorney McEwen stated that yesterday a temporary restraining order had been issued by the Los Angeles Superior Court, restraining the City Council from conducting the hearing. The return date on the temporary restraining order had been set for August 4. at which time the question of whether the court has the jurisdiction to issue an injunction will be determined. He suggested continuing the hearing to a date beyond August 4. CONTINUE PUBLIC HEARING TO AUGUST 18, 1977. M/S/C: AGUILAR/KITCHEL. Roll Call. Ayes: AGUILAR/KITCHEL/HAMILTON/WALDO. Abstain: BLEWETT. The motion carried. 00- CONTINUE PUBLIC HEARING TO AUGUST 18, 1977 Assislant Acting City Attorney McEwen referred to the reports on Treasure Chest expenditures. He stated that Acting City Manager Sexton had the memorandum that he had referred to earlier and it had been distributed. REPORT ON TREASURE CHEST EXPENDITURES 00- Mr. McEwen stated that the Council and the City had been served with the legal action filed by Mr. Blewett and that it would be appropriate for the Council to author- ize the City Attorney to appear in their defense. AUTHORIZE CITY ATTORNEY TO APPEAR AND DEFFND IN BEHALF OF THE CITY IN LAWSUIT FILED BY COUNCILMAN BLEWETT. M: KITCHEL. LEGAL ACTION FILED BY COUNCILMAN BLEWETT AUTHORIZE C.A. TO APPEAR & DEFEND IN BEHALF OF CITY IN LAWSUIT FILED BY COUNCILMAN BLEWETT Councilman Blewett stated that Councilman Hamilton did not need the defense of the City Attorney because his suit was not directed at him. He could save the City that expense. Councilman Aguilar seconded the motion. Roll Call. Ayes: KITCHEL/AGUILAR/WALDO. Noes: Hami1 ton. B1ewett: Abstai n. The motion carried. MOTION SECONDED MOTION CARRIED 00- Acting City Manager Sexton referred to a report on newspaper circulation that Council had requested at the last meeting. continued) REPORT ON NEWSPAPER CIRCULATION BIB] 37657-U01 1977-U02 07-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9763-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 07 21 CC MIN(ÌìÌ‰ Regular Meeting of the Baldwin Park City Council July 21, 1977 Page 8 He said they had not received any certified figures on the circulation of the San Gabriel Valley Tribune, the Inter-City Express which incorporates the Baldwin Park Bulletin and the Baldwin Park Herald-Press. A report will be made later, 00- Acting City Manager Sexton referred to a request made by the City Council for a report on all the Commissions. Resolutions were on the agenda tonight pertaining to the Planning Commission and Recreation and Parks Commission. He said the staff investigation and analysis of each Commission had not been completed, and requested that this matter be continued until the next meeting on August 4, 1977. 00- Regarding the Resolution, calling and giving notice of a special election. City Clerk Balkus said it was necessary to stipulate the dates to be used within the titles and in the Resolutions themselves. She explained that the earliest date to set an election would be on October 11, 1977, which was 82 days and on a Tuesday, and the latest would be November 22, 1977, which was 122 days. She suggested that Mr. McEwen check the calendar to be sure. Mr. McEwen confirmed that the earliest possible date on a Tuesday for the election would be October 11, 1977. He had reviewed the Resolution in the agenda packet and said that both positions should not be lumped to- gether in one recall Resolution. He had prepared separate Resolutions to be distributed. City Clerk Balkus read by title: RESOLUTION NO. 77-56, CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 11TH DAY OF OCTOBER, 1977, FOR THE SUB- MISSION TO THE QUALIFIED VOTERS OF SAID CITY THE QUESTION OF THE RECALL OF A CERTAIN OFFICER OF SAID CITY AND THE QUESTION OF FILLING THE VACANCY OR VACANCIES IF THE RECALL PREVAILS AS REQUIRED BY THE STATE OF CALIFORNIA PERTAINING TO CITIES WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 77-56. M/S: BLEWETT/HAMILTON. Mayor Waldo said he had prepared a statement which he would read for the record: When the recall petitions were being circu- lated, many reports of irregularities came to my attention. I requested that the City Clerk provide access to the petitions so that I could check these alleged irregular- ities. And also that I could check the REPORT AND RESOLUTIONS ON COMMISSIONS CONTIN- UED TO AUGUST 4, 1977 CITY COUNCIL MEETING RESOLUTION CALLING & GIVING NOTICE OF A SPECIAL ELECTION RES. NO. 77-56, CALL- ING & GIVING NOTICE OF SPEC. MUNICIPAL ELECT- ION TO BE HELD ON TUES. 11TH DAY OF OCT.. 1977, FOR SUBMISSION TO VOTERS THE QUESTION OF RECALL OF A CERTAIN OFFICER & THE QUESTION OF FILLING THE VACANCY IF THE RE- CALL PREVAILS ADOPT RES. NO. 77-56 MAYOR WALDO STATEMENT continued) BIB] 37657-U01 1977-U02 07-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9763-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 07 21 CC MIN(ÌìÌ‰Regular Meeting of the Baldwin Park City Council accuracy of her work counting and certifying the petitions. When this premise, permission, was denied, I consulted an attorney who advised me that the statute which makes these petitions unavailable to the subject of the recall, but available to the supporters of the recall was obviously unconstitutional. I then brought suit to require the Clerk to provide access to the petitions or to block the election until that was done. The judge who heard the argument in connection with the request for an injunction in that case expressed grave doubts as to the constitutionality of these sections of the Code. However, the matter was not before him for a decision on constitutionality and so the question was not decided. The City Attorney anticipated that the case would be decided and the question resolved long ago. However, the Court allowed the City Clerk to be represent- ed individually in the action and by her own attorney, the former City Attorney. She then filed a cross complaint for attorney fees against the City. Her actions in trying to litigate her own complaint in the suit and the failure of her attorney to bring the matter to hearing on the basic issue of the constitutionality of the statute has caused considerable delay in obtaining a decision. Our City Attorney advises that the case may now shortly be ready for decision. It is obvious from just a reading of these sections, as well as the comments of the judge, that there is a great likelihood that the statute will be struck down. If so, it would be pointless to call an election at this time and waste public funds representing or pre- paring for the election at this time. waste public funds for the election when the Court may not permit that election to be held. I believe that my rights have been denied by the City Clerk. I expect to be allowed to check her work and the decisions she made in checking the petitions, and I am opposed to calling an election based on this kind of star chamber proceedings. I have no reservations about calling an election which has been required by their petition process and checked accurately. When the Court resolves the pending lawsuit, I will be most happy to follow the judgment. If it requires the calling of an election, I will vote to set one according to law. Until I have received basic constitutional rights in this recall and until the questions pending in Court have been resolved, I will not vote to call such an election and deny my due process of law and waste public funds." Councilman Blewett stated that he thought it was ironic that in a democracy we had to be afraid of the electorate, and that the point was that he had had the guts to face an election but Mayor Waldo didn't. He requested a ruling from the City Attorney on whether Mayor Waldo and Councilman Kitchel could vote on these motions. He said he did not believe that they should and that the continued) July 21, 1977 Page 9 BIB] 37657-U01 1977-U02 07-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9763-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 07 21 CC MIN(ÌìÌ‰ 1977 07 21 CC MIN(ÌìÌ‰ Regular Meetings of the Baldwin Park City Council July 21, 1977 Page 11 Assistant Acting City Attorney McEwen stated that the law requires that the Council take the action within fourteen days and that if they didn't take it, someone could bring a mandated action. It was up to the Council to determine whether their calling the election would result in unnecessary expend- iture of public funds because of the consti- tutionality questions raised in the other lawsuit or they could determine to set the election at this time. Councilman Btewett stated that the law provides that an election shall be set. Councilman Aguilar said there were good laws and bad laws and that when it came to the constitutional question of a man's rights, he couldn't vote for an election until the court decided one way or another. Mr. McEwen said that since the original Resolution was not the proper format, the original motion was not in order. He asked that the Council move on Resolution No. 77-56. as read by title before by City Clerk Balkus for Mayor Waldo. WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 77-56. M/S: BLEWETT/HAMILTON. Roil Call. Ayes: BLEWETT/HAMILTON. Noes: AGUILAR/KITCHEL. Abstain: WALDO. The motion did not carry. City Clerk Balkus said that the second Resolution to be adopted would be Resolution No. 77-57 for Councilman Kitchel, with the same title she had read before. WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 77-57. M/S: BLEWETT/HAMILTON. Roll Can. Ayes: BLEWETT/HAMILTON.. Noes: AGUILAR/WALDO. Abstain: Kitchel. Councilman Btewett said he was hereby notifying the City Manager that he was requesting a verbatim transcript of what had just transpired relative to Mr. Kitchel and Mr. Waldo and would be happy to pay for it 00- Councilman Aguilar asked whether the warrant for Mid-Valley Mental Health had been issued and about the contract negotiations. Acting City Manager Sexton said the Warrant had been issued. The contract had not been prepared. A meeting had been set up for this week but had been cancelled by Mid-Valley Mental Health. He could foresee that another meeting may be set up sometime next week. Subsequent to that, the contract will be finalized and prepared for the Council's action. Councilman Blewett said the City Manager had not been asked to investigate Mid-Valley's continued) ADOPT RES. NO. 77-56 MOTION DID NOT CARRY ADOPT RES. NO. 77-57 MOTION DID NOT CARRY MID-VALLEY MENTAL HEALTH BIB] 37657-U01 1977-U02 07-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9763-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 07 21 CC MIN(ÌìÌ‰Regular Meetings of the Baldwin Park City Council July 21, 1977 Page 12 scope of work, but to get the contract drawn up and issue the money to Mid-Valley. Mr. McEwen said it was impossible to draw up a contract without a clear statement of the work to be performed. Dr. Ultah had cancelled the meeting. Councilman Hamilton referred to reports received once a month from Mid-Valley and said that all the information required co their performance and actions to justify the expenditure had been reviewed month after month. He said it was ridiculous to have to investigate further. Mayor Waldo said it was merely a matter of the two parties getting together and that Dr. Ultah plans to make every effort to meet with the City Attorney to get the contract under way as he needs the money. Mr. McEwen said that the letter received previously from Mr. Ullah had been extremely short and vague and raised more questions than were answered. More clarification was needed. Councilman Aguitar asked if there was any information received on Intercommunity Improvement Society that had been requested. Acting City Manager Sexton said that meetings had been held with them to ascertain their scope of work and they have submitted a proposed contract form to which they have added outlines of further scope of work. These were being considered by the City Attorney's office. They have legally and administratively arranged to attempt to report to the Council with their contract at the August 18 meeting. Councilman Blewett requested copies of a11 information relative to the subject. AUTHORIZE WARRANT NO. FOR THE AMOUNT OF $44.000 TO THE INTERCOMMUNITY IMPROVEMENT SOCIETY UPON APPROVAL OF A CONTRACT. M: AGUILAR. Councilman Aguitar said it was the same motion that was made for Mid-Valley Mental Health. Councilman Blewett said they hadn't shown any performance. Mayor Waldo seconded the motion. Councilman Hamilton said the Council had not gotten information on their activities. The Council knew what the performance was on Mid-Valley, but this was two different things and premature to vote on this unfit the contract had been reviewed. They were a new agency with no track record and there had been a lot of controversy with a suit pending on their matter that had come before Council before. There were many things he wanted to know about before he voted on this. continued) INTERCOMMUNITY IMPROVEMENT SOCIETY COPIES REQUESTED BY COUNCILMAN BLEWETT AUTH. WARRANT NO. FOR $44.000 TO INTERCOMMUNITY IMPROVE- MENT SOCIETY UPON APPROVAL OF A CONTRACT MOTION SECONDED BIB] 37657-U01 1977-U02 07-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9763-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 07 21 CC MIN(ÌìÌ‰Regular Meeting of the Baldwin Park City Council July 21, 1977 Page 13 Councilman Kitchel said they needed to get the contract first and then negotiate for an amount. He did not think that a vote of good confidence tonight, stating that a contract was forthcoming, would be good policy, and said that he had not agreed with the Mid-Valley Mental Health Council appropriation for that reason. Roll Call. Ayes: AGUILAR/wALDO. Noes: BLEWETT/KITCHEL/HAMILTON. The motion did not carry. 00- Acting City Manager Sexton said a concern had been expressed by the Council to appeal the approval given by the Planning Commission for a mobile home park. They had been submitted an Ordinance which would, in effect, establish a moratorium on mobile home parks until the staff can analyze and investigate this situation in Baldwin Park and develop some guidelines for their development within the community, based on the inability to make an appeal. The statute of limitations required for an appeal had lapsed as there was not a quorum present at the meeting when an appeal could have been made. Assistant Acting City Attorney McEwen said this was an Urgency Ordinance and would require a 4/5 vote but would become effective immediately. City Clerk Batkus read by title: ORDINANCE NO. 756, ESTABLISHING AN INTERIM ZONING MORATORIUM RELATIVE TO MOBILEHOME PARKS URGENCY) WAIVE FURTHER READING OF ORDINANCE NO. 756. M/S/C: KITCHEL/HAMILTON. There were no objections. ADOPT ORDINANCE NO. 756. M/S/C: KITCHEL/HAMILTON. Roll Call. There were no objections. 00- Councitman Hamilton suggested that the Council receive paperwork a couple of days in advance of the meeting, rather than at the meeting, so that they might have an opportunity to absorb information. 00- Councilman Aguilar said there would be a breakfast meeting Monday morning at 8:30 a.m. at Crystal's Cafe in Duarte with Supervisor Schabarum, who had been invited by Mid- Valley Mental Health Council. Mayor Waldo said he would try to attend. Councilman Btewett said if Mayor Waldo couldn't make it to can him and he would go, as the City should be represented. 00- MOTION DID NOT CARRY ORD. NO. 756. ESTA' BLISHING AN INTERIM ZONING MORATORIUM RE MOBILEHOME PARKS URGENCY) ORD. NO. 756 WAIVE FURTHER READING ADOPT ORDINANCE NO. 756 C. HAMILTON REQUEST FOR PAPERWORK IN ADVANCE OF MEETING BREAKFAST MEETING WITH SUPERVISOR SCHABARUM MONDAY. JULY 25, 1977 BIB] 37657-U01 1977-U02 07-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9763-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 07 21 CC MIN(ÌìÌ‰Regular Meeting of the Baldwin Park City Council Gloria Zook, 4817 North La Rica, said a lot of people had signed a lot of pieces of paper because they wanted them removed from office. She said that tomorrow they would seek Judge Phittip's help in a Writ of Mandate. She under- stood Mr. Ritchie did not want to go before him. She said they wanted a judge to set the election because he would set it soon. 00- Tom Carpenter, 4346 Jerry, stated that what they were seeing tonight was desperate men flaunting the law. and that he hoped when their time ran out they would be prosecuted for flaunting the law that was written and compiled for the people's constitutional rights. He said that this group was the worst to ever hit a City and asked if this was progress. 00- Bertha Regus, 5013 Cutler, said she was amazed at the Council's action on not setting the election, as she distinctly remembered that after the judge's decision he had said that 3000+ people have rights, too. She suggested that if the law suit was pending, why not set the election as the law required and let the law overrule it if they were going to. she said she hoped that soon a few people would team that there were some laws and that people do have some rights. 00- Penny Chandler, 4809 La Sena, referred to the Lucky Baldwin Little League and said Mayor Waldo had ridden in a parade the day before Easter in front of a lot of boys who respected their elders. They had been told in a speech that Lucky Baldwin was going to be given some money and have since asked why he said that and why he came to a parade when he wasn't invited. She said she was upset to hear that the contract had not been signed with Mid-Valley Mental Health Council, as they provide so many services. She said the people need a Council they can respect and said the Mayor could stop the action on Councilman Btewett and all the trash" in the paper. 00- John Johnson, 34516 May land, referred to a bill he had received for $619 for a sidewalk on Pacific Avenue. He asked if he could build it himself. Acting Director of Public Works Sexton confirmed that Mr. Johnson could take out a permit, put up a refundable deposit which would be returned when the work had been satisfactorily completed, and that the City would stake it for him. Mr. Johnson was to contact Mr. Sexton at City Halt. no- July 21. 1977 Page 14 GLORIA ZOOK RE SETTING RECALL ELECTION TOM CARPENTER RE SETTING RECALL ELECTION BERTHA REGUS RE SETTING RECALL ELECTION PENNY CHANDLER RE LUCKY BALDWIN LITTLE LEAGUE & MID-VALLEY MENTAL HEALTH COUNCIL JOHN JOHNSON RE CONSTRUCTING SIDEWALK BIB] 37657-U01 1977-U02 07-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9763-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 07 21 CC MIN(ÌìÌ‰Regular Meeting of the Baldwin Park City Council Leo King, 3830 Grace Avenue, asked Assistant Acting City Attorney McEwen whether he had said they didn't have to set the election if they didn't want to, but that it was mandatory by law by the 14th day. He stated that when Mr. McEwen defends this illegal case, it will further drain the resources of the City. 00- Bob Izetl, 3812 Athot Street, stated he wanted to protest his tax money being used to pay Mr. McEwen for the deeds he was doing the City tonight. 00- Jack White, 1753 Halinor, said he wanted to address his remarks to people he hoped were worth saving. He said he thought Mr. Waldo and Mr. Sexton appeared to know what they were doing and that Mr. McEwen was building a reputation county-wide that he hoped he would be proud of. He advised Councilman Kitchel to dissolve himself from this white there was stilt time. He complimented City Clerk Batkus, Councilmen Btewett and Hamilton on their stand on these issues and said he would reserve judgement on Councilman Aguitar. He stated the people were not going to stand for what was going on tonight. He appealed to the younger Councitmen and to the attorney to consider what witt happen, and suggested they bait out and denounce this operation now. 00- July 21, 1977 Page 15 LEO KING RE SETTING RECALL ELECTION BOB IZELL PROTEST TAX MONEY USED TO PAY MR. MC EWEN JACK WHITE RE ACTIONS OF CITY COUNCIL AND CITY ATTORNEY George Scott, 3522 Baldwin Park Blvd., stated that he could only hear Councitmen Blewett, Hamilton and Kitchet speaking into their microphones. He said the Post Office was installing a complete system with seven speakers for $900 and that a new mike would cost only $15.00. He referred to the rocks piled on the medians on Baldwin Park Blvd. as living in the garden of the rocks*' and said that the median was picking up the noise from the cars so that it was impossible to leave the windows and doors open at his home. 00- Jim McDonatd, 14341 Ramona Blvd., stated that if the Council would spend as much time helping the citizens and business people as they do fighting each other, they could have a progressive city. 00- Jim Garrow, 1011 North Baldwin Park Blvd., said that he had never seen the progress physically that the present administration was bringing about during the 37 years he GEORGE SCOTT RE MEDIANS ON BALDWIN PARK BLVD. JIM MCDONALD RE PROGRESS JIM GARROW RE PROGRESS, GRANTS & SENIOR CITIZEN HOUSING continued) BIB] 37657-U01 1977-U02 07-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9763-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 07 21 CC MIN(ÌìÌ‰Regular Meeting of the Baldwin Park City Council July 21. 1977 Page 16 had lived here. He referred to the building of the new City Hail and $8 million in grants that had been received. He said that senior citizens need good housing and that he and Mr. Klein had been sent to a conference in Portland and brought back a lot of important programs. They had been assured that Baldwin Park cou3d receive federally subsidized senior citizen housing. Portland was doing $74 million per year in construction of new apartments after tearing down old hotels the senior citizens had been living in. The cost of the new apartments will be $40 per month, subsidized by the federal government. He said these programs are available and they have been able to get the money for them. He said he thought a little credit should be given to members of the City Council. 00- Assistant Acting City Attorney McEwen said his statement had been that the Election's Code provided that after the recall petitions had been certified, the Council had fourteen days to set an election. A law suit was pending in Superior Court which challenges the constitutionality of that statute. If that court determines that the law is unconstitutional, there was no duty to set the election. He said he had commented to the Council that if they had feelings that the statute is un- constitutional, they could choose to permit the court to determine it before they choose to misappropriate public funds. If the court determines that there is no substantial constitution- ality question, then the election would have to be set. The pending motion before the court is to be heard on August 2, 1977, and the case would then be ready to proceed to a trial on the question and to be brought to summary judgement and get a rapid decision. 00- ASST. ACTING CITY ATTORNEY MC EWEN RE HIS STATEMENT RE RECALL Mayor Waldo responded to Mrs. Chandler that at the Lucky Baldwin Little League opening game he had made reference to the City spending a lot of money in the area of the Little League Park. He said that is part of the City's redevelopment project and a lot of money will be spent upgrading the Park. He had not meant that the City would pay for plaques, MAYOR WALDO RE LUCKY BALDWIN LITTLE LEAGUE 00- AT 9:18 P.M. THE MEETING ADJOURNED. M/S/C: 9:18 P.M. BLEWETT/KITCHEL. There were no objections. MEETING ADJOURNED 00- /^^^^ je^i^________ HELMA L. BALKUS, CITY CLERK APPROVED: l^lu^/' 1977 THELMA L' BALKU; Date of Distribution to City Council: July 29, 1977 Date of Distribution to Departments: July 29, 1977 BIB] 37657-U01 1977-U02 07-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9763-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 07 21 CC MIN(ÌìÌ‰REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL CITY HALL COUNCIL CHAMBERS) 14403 East Pacific Avenue The City Council of the City of Baldwin Park met in regular session at the above place at 7:30 p.m. An invocation was given by Dr. C. S. Lovett, Personal Christianity Chapel. Councilman Aguitar led the salute to the flag. Roll Call: Present: COUNCILMEN AGUILAR, BLEWETT, HAMILTON, KITCHEL AND MAYOR WALDO Also Present: ACTING CITY MANAGER SEXTON, ASSISTANT ACTING CITY ATTORNEY MC EWEN, ACTING DIRECTOR OF PUBLIC WORKS SEXTON, DIRECTOR OF PLANNING KILGOUR, CHIEF OF POLICE CHELLINO, CITY TREASURER MONTENEGRO AND CITY CLERK BALKUS Absent: DIRECTOR OF FINANCE HALLOWAY 00- CONTINUATION OF PUBLIC HEARING Public Hearing on Residency Qualifications of Councilman Russell E. Blewett AT 9:18 P.M. THE MEETING ADJOURNED. M/S/C: BLEWETT/KITCHEL. There were no objections. 00- JULY 21, 1977 7:30 P.M. INVOCATION FLAG SALUTE ROLL CALL CONTINUATION OF PUBLIC HEARING CONTINUED TO AUGUST 18, 1977 ADJOURNED 9:18 P.M. L^. /S^^i HELMA L. BALKUS, CITY CLERK DATED: JULY 22, 1977 TIME: 10:00 A.M. BIB] 37657-U01 1977-U02 07-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9763-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 July 21, 1977 Page 10 splitting of the Resolutions might be so that one could abstain and kill it by a 2/2 vote in a legal ploy concocted to keep the election from being held. He said they were going to court soon. Mr. McEwen said he had two responses. They had reviewed the first question thoroughly and it was their opinion that both Mr. Waldo and Mr. Kitchel may vote on this matter, as it did not involve any conflict of interest under Section 1090 of the Government Code. Councilman Blewett said they had a financial interest in it. Mr. McEwen said that salary of the governmental agency is defined out of financial interest. He stated that the second proposition Council- man Blewett had put out was patently absurd and he had not further comment on it. The Elections Code provided that elections are to be set by Resolution for the officer. Councilman Kitchel stated that his attorney had prepared a statement for him to read in his behalf as follows: I strongly urge the City Council to defer setting any recall election against Emmit Waldo and Jerry Kitchel until the constitu- tionality of the provisions of the law relative to access to the recall petitions is determined by the Superior Court in the pending action against the City Clerk and others. The request is based upon the fact that my clients have been denied their con- stitutional rights by virtue of the City Clerk denying them access to the petitions. It is also based upon the fact that a decision upon the constitutionality of the statute wilt be forthcoming at an early date in the court proceedings. It is also based upon the fact that catling the election now, in face of the likelihood that the court will permit the election to proceed until the petitions are examined by my clients, will result in an inexcusable waste of public funds." Councilman Hamilton asked Mr. McEwen if there was an appeal pending in the higher courts on this matter. Mr. McEwen said that an appeal now would be premature and not permitted by the appellate courts. No final appealable decision had been made yet but he said they anticipate one being made very soon. Councilman Hamilton asked whether he understood the law correctly that an election date must be set by law fourteen or fifteen days after the petitions were certified. Mr. McEwen stated that the election should be set within fourteen days. Councilman Hamilton stated that his under- standing of the law was that if the Council didn't set the election tonight, they were in violation of the law. continued) C. KITCHFL STATEMENT PREPARED BY HIS ATTORNEY BIB] 37657-U01 1977-U02 07-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9763-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06