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Home My WebLink About1977 08 04 CC MIN1977 08 04 CC MIN(ÌìÌl!!0.!^ AUGUST 4, 1977 Invocation Councilman Hamilton Consent Calendar 1. Approval of Minutes of July 11 and July 21, 1977 2. Resolution No. 77-56, Allowing Claims and Demands, Warrant Nos. 8174 8276, Payroll 6/27 7/23/77 3. Claim Against the City Adetbert Atdrich 4. Claim Against the City Thetma Duncan 5. Ordinance No. 755, Amending Zoning Map and Rezoning from C-M to R-2 and from R-3 to R-1 and Certifying the Negative Declaration of Environmental Impact Z-408) 6. Approval of Grant of Easement Southern California Edison Company 7. Approval of 1977/78 Community Recreation Agreement City and Baldwin Park Unified School District Approve Minutes of July 7, 1977 as Corrected Claim Against the City Thelma Duncan Remove Item 3 from Consent Calendar Warrant No. 8188 Removed from Consent Calendar for Discussion Acting City Manager Sexton Report on Chamber of Commerce Warrant No. 8188 Put Back on Consent Calendar Approve Recommendations on Consent Calendar with Exception of Item 3 Pay Bills for Adelbert Aldrich Motion Did Not Carry Deny and Refer to Insurance Carrier Claim, Adetbert Atdrich Gerald Leonard Presentation, L.A. County Transit Proposal Oath Administered Public Hearing Z-407, Application for Zone Change from R-1 to R-3 at 3125 and 3135 Puente Avenue, Applicant: Paul R. Wheeler Continued from 7/7/77) Publications, Postings and Mailings No Written Protests Public Hearing Opened Continue Public Hearing Z-407 to October 6. 1977 Public Hearing Z-409, Application for Zone Change from C-2 to R-3, 14005 Ramona Parkway, Applicant: C. Les Perance Publications, Postings and Mailings No Written Protests Public Hearing Open Public Hearing Closed Ordinance No. 757, Amending Zoning Map and Rezoning Property from C-2 to R-3 and Certifying the Negative Declaration of Environmental Impact Z-409; Applicant: C. Les Perance) Ordinance No. 757 Waive Further Reading Ordinance No. 757 Introduced Public Hearing CP-243, Appeal from Decision of Planning Commission on Application for C.U.P. to Establish Church in R-1 at 13212 Francisquito Avenue, Applicant: Luis Martinez Publication, Postings and Mailings No Written Protests Public Hearing CP-243 Opened Luis Martinez in Favor of CP-243 Robert McNulty in Favor of CP-243 Dr. Antonio Cycip in Favor of CP-243 Tom Carpenter re First Amendment Freedom of Religion and Free Speech Bertha Regus in Favor of CP-243 Jeanne Martens in Favor of CP-243 Public Hearing dosed Override the Planning Commission's Decision and Grant C.U.P. Subject to Certain Conditions Approve Apptic. for CP-243 Public Hearing CP-248, Appeal from Decision of Planning Commission on Application Mamone) for C.U.P. for Mobile Home Park 3427 Baldwin Park Blvd. Initiated: City Council BIB] 37657-U01 1977-U02 08-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9764-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 04 CC MIN(ÌìÌIndex August 4, 1977 Page Two Publications, Postings and Mailings No Written Protests Public Hearing Opened Repeal Ordinance No, 756 Urgency) Motion Died Refer to Planning Commission for Them to Prepare a Report to be Returned to City Council Meeting 8/18/77 Dismiss CP-248 Public Hearing Vacation of Street Right-of-Way Specific Plan 9 77-V-3) Publications and Postings No Written Protests Public Hearing Opened Continue Public Hearing to 8/18/77 City Manager Decide Who is to Sit on Chamber of Commerce Board of Directors One Objection Noted Councilman Btewett Written Communication Assemblyman Leroy Greene re Bingo 9:08 P.M Recess 9:22 P.M. Meeting Reconvened Resolution No. 77-57, Approving an Application for a Conditional Use Permit to Establish a Church on R-1 Property at 13212 Francisquito Avenue and Certifying the Negative Declaration of Environmental Impact Case No. CP-243; Applicant: Luis Martinez, Representing Breakthrough Interdenominational Church Adopted Waive Format Bid Procedures for Purchase of Equipment for Public Services Building Housing Authority Established for Section 8 Program Resolution No. 77-58, Declaring Need for Housing Authority in Baldwin Park, California Adopted Report on Commissions Planning Commission Reappoint Four Commissioners to Planning Commission Resolution No. 77-59, Appointing Certain Members to the Planning Commission Samuel Wiest, Merrill F. Whittey, Robert Larson and Carl M. Burnett Appointed Adopted Recreation & Parks Commission 10 10 10 10 10 10 11 11 11 11 11 12 12 12 13 13 13 13 13 Appoint Lewis Farkas, Betty Wallace and Robert McNeill 14 Appoint Students Tony Portitto and Laurie Honken 14 Resolution No. 77-60, Appointing Certain Members to the 14 Recreation and Parks Commission of the City of Baldwin Park Adopted Personnel Commissioners Appoint Lynn Cote and Marshall Hadtey 14 Motion Did Not Carry REAC Presentation, Harry Hedrick 14 Dr. Paul Weisend 14 Authorize Acting City Attorney to Take Steps Necessary to Represent 15 City and City Council Btewett Vs. Kitchet et at. Case No. 207202 15 16 Provide Councilman Kitchet, Aguilar and Waldo With Defense Blewett Versus Waldo, et at and Btewett Versus Kitchet, et at as Requested by Attorney Michael B. Montgomery Provide Councilman Kitchet, Aguitar and Waldo with Defense in Cases Blewett Versus Waldo and Btewett Versus Kitchet Requested in Letter Received from Michael Montgomery Motion Did Not Carry Tom Ktein Not in Favor of C.U.P. for Church or Trailer Parks in 17 Baldwin Park as Way to Build Up Tax Base Bertha Regus in Favor of Mobile Home Park and Granting C.U.P. 17 for Church Tom Carpenter re Speaking at Budget Hearings 17 BIB] 37657-U01 1977-U02 08-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9764-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 04 CC MIN(ÌìÌIndex August 4, 1977 Page Three James Garrow in Favor of Residency Requirement for Councilmen and Commissioners Council Discussion 10:54 P.M. Meeting Adjourned BIB] 37657-U01 1977-U02 08-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9764-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 04 CC MIN(ÌìÌUNOFFICIAL 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 Councilman Hamilton. Councilman Kitchel led the salute to the flag. Roll Call: Present: COUNCILMAN AGUILAR, BLEWETT, HAMILTON, KITCHEL AND MAYOR WALDO AUGUST 4, 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 SEXTON, DIRECTOR OF PLANNING KILGOUR, DIRECTOR OF FINANCE HALLOWAY, CHIEF OF POLICE CHELLINO, CITY TREASURER MONTENEGRO AND CITY CLERK BALKUS 00- City Clerk Batkus presented the Consent Calendar: 1. Approval of Minutes of July 11, 1977 and July 21, 1977 2. Waive Further Reading and Adopt RESOLUTION NO. 77-56 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK Deny and Refer to Insurance Carrier Claim Against the City Adetbert Aldrich 3. Deny and Refer to Insurance Carrier Claim Against the City Thelma Duncan 4. Waive Further Reading and Adopt 5. 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 AND CERTIFYING THE NEGATIVE DECLARATION OF ENVIR- ONMENTAL IMPACT CASE NO. Z-408) ORDINANCE NO. 755 Second Reading) Approval of Grant of Easement Edison Company 6. Southern California Approval of 1977/78 Community Recreation Agreement City and Baldwin Park Unified School District 7. Mayor Waldo said to include approval of clarification of Minute corrections of July 7, 1977 as made on July 21, 1977; page 17» paragraph 9, Mayor Waldo's vote was no." Councilman Blewett asked for clarification on the claim from Thelma Duncan. continued) CONSENT CALENDAR APPROVAL OF MINUTES 7/11 & 7/21/77 RES. NO. 77-56, CLAIMS & DEMANDS, WARRANT NOS. 8174 8276, PAYROLL 6/26 7/23/77 CLAIM AGAINST CITY ADELBERT ALDRICH CLAIM AGAINST CITY THELMA DUNCAN ORD. NO. 755, AMEND- ING THE ZONING MAP OF SAID CITY & RE- ZONING CERTAIN PROPERTIES FROM C-M TO R-2 & FROM R-3 TO R-1 & CERTIFYING THE NEGATIVE DECLAR. OF ENVIRONMENTAL IMPACT Z-408) APPROVAL OF GRANT OF EASEMENT SO. CALIF. EDISON CO. APPROVAL 1977/78 COMMUNITY RECREATION AGREEMENT CITY & B.P. UNIFIED SCHOOL DISTRICT APPROVE MINUTES OF 7/7/77 AS CORRECTED CLAIM AGAINST CITY THELMA DUNCAN BIB] 37657-U01 1977-U02 08-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9764-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 04 CC MIN(ÌìÌRegular Meeting of the Baldwin Park City Council August 4, 1977 Page 2 Mr. McEwen stated that Mrs. Duncan had filed a lawsuit in federal court alleging various civil rights violations against the City and four individual officers of the City Aldrich, Tremblay, Mocalis and Hale and events which took place in 1973 and 1974. He said it may be referred to the insurance carrier to determine if they will defend the action or not. It is not a claim, but an actual lawsuit against the City. Councilman Blewett requested that Item 3 be removed from the Consent Calendar. Councilman Aguilar requested that Warrant No. 8188 be removed from the Consent Calendar. He stated that, according to a report he had just read, the Chamber of Commerce had not lived up to their contract regarding four monthly reports which had not been received. He said he did want to pay them, but wished to discuss the Warrant now Acting City Manager Sexton referred to the Staff Report and analysis of the performance of the Chamber of Commerce. He said that certain requirements which they had not met could be due to their being in transition and because their new manager had only recently come on board. He referred to the composition of the Board of Directors and said their by-laws had not yet been amended and that this was an area that needed inquiry. They had indicated that funding would be on a matching basis of $3.00 from the City for every dollar contributed by the Chamber, but their dues structure had not been revised and would not be until later in the year. Their membership drive was planned for next month. None of the Board of Directors had yet attended a training seminar. He stated that although these were deficiencies, the Staff felt that they were intending to meet the re- quirements in time and recommended that funding be continued to the Chamber of Commerce. Councilman Aguitar requested that Warrant No. 8188 be put back on the Consent Calendar. APPROVE RECOMMENDATIONS ON CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 3. M/S/C: BLEWETT/ KITCHEL. Roll Call. There were no objections. REMOVE ITEM 3 FROM CONSENT CALENDAR WARRANT NO. 8188 REMOVED FROM CONSENT CALENDAR FOR DISCUSSION A,C.M. SEXTON REPORT ON CHAMBER OF COMMERCE WARRANT NO. 8188 PUT BACK ON CONSENT CALENDAR APPROVE RECOMMENDA- TIONS ON CONSENT CALENDAR WITH EXCEPTION OF ITEM Councilman Blewett referred to Item 3, Claim against the City by Adetbert Aldrich, similar to the claim by Sergeant Tremblay. As both employees had been exonerated by the Personnel Commission, he felt the claim should be paid. PAY BILLS FOR ADELBERT ALDRICH CLAIM AGAINST THE CITY. M/S: BLEWETT/HAMILTON. Roll Call. Ayes: BLEWETT/HAMILTON. Noes: AGUILAR/KITCHEL/ WALDO. The motion did not carry. DENY AND REFER TO INSURANCE CARRIER. CLAIM AGAINST THE CITY ADELBERT ALDRICH. M/S/C: AGUILAR/KITCHEL. Ro11 Call. Ayes: AGUILAR/ KITCHEL/WALDO. Noes: BLEWETT/HAMILTON. The motion carried. 00- PAY BILLS FOR ADELBERT ALDRICH CLAIM AGAINST THE CITY DENY & REFER TO INS. CARRIER, CLAIM AGAINST CITY, ADELBERT ALDRICH BIB] 37657-U01 1977-U02 08-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9764-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 04 CC MIN(ÌìÌRegular Meeting of the Baldwin Park City Council Mr. Gerald Leonard, Sr. Deputy and transit specialist from the office of Supervisor Baxter Ward, made a presentation on a county transit proposal in his capacity as a member of the Board of Directors of the RTD. He referred to measures placed on the ballot in recent years that had been turned down by the voters and said citizens had requested that another effort be funded. They had listened and come up with a four-part program as a result of research by the RTD, Caltrans and others. The plan consisted of the Wilshire Rapid Transit Starter Line, a downtown people mover system, a freeway system and improvements to the local bus service. The ability to implement this program was contin- gent upon raising a multiple matching element of money to generate the federal dollars that make up the bulk of such work. He explained the sponsorship of Urban Mass Transit Administra- tion and participation of the Federal Highway Administration and said he hoped the local commitment would be through the auspices of the newly formed Los Angeles County Transporta- tion Commission, who had the power to place it on the ballot. These were changes in the plan and it would not be a full scale rapid transit plan that would cost a fortune. They wanted to add the development of local community scale transit service. They had solicited citizen participation to promote their plan. He said he would be mailing a short document to be read and that he hoped they would be interested enough to identify persons from the Staff or City Council to work with people in the community to determine what their community's needs are. August 4, 1977 Page 3 GERALD LEONARD PRESENTATION. L.A. COUNTY TRANSIT PROPOSAL 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 Z-407, An Application for a Zone Change from Zone R-1 to Zone R-3 on Properties Located at 3125 and 3135 Puente Avenue. Applicant: Paul R. Wheeler. Continued from July 7, 1977) Proper publications, postings and mailings had been accomplished. There were no written protests. Mayor Waldo opened the Public Hearing. OATH ADMINISTERED PUBLIC HEARING Z-407, APPLIC. FOR ZONE CHANGE FROM R-1 TO R-3 AT 3125 AND 3135 PUENTE AVE. APPLICANT: PAUL R. WHEELER. CONT. FROM 7/7/77) PUBLICATIONS, POSTINGS & MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING OPENED Director of Planning Kitgour stated that this application was stilt under review by the Redevelopment Agency and its Advisory Commission. CONTINUE PUBLIC HEARING ON Z-407 TO OCTOBER 6, 1977. 00- CONTINUE PUBLIC HEARING Z-407 TO OCTOBER 6, 1977 BIB] 37657-U01 1977-U02 08-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9764-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 04 CC MIN(ÌìÌRegular Meeting of the Baldwin Park City Council It was the time and place fixed for a Public Hearing on Z-409, An Application for a Zone Change from Zone C-2 to Zone R-3 on Property Located at 14005 Ramona Parkway. Applicant: C. Les Perance Proper publications, postings and mailings had been accomplished. There were no written protests. Director of Planning Kilgour stated that a continued public hearing had been conducted on August 1, 1977 by the Planning Commission. They had recommended the certification of the Negative Declaration of Environmental Impact and approval of the request, lie referred to information contained in the staff report. Mayor Waldo declared the Public Hearing open. As there was no further testimony in behalf or in opposition to Z-409, Mayor Waldo declared the public hearing closed. City Clerk Balkus read by title: ORDINANCE NO. 757, AMENDING THE ZONING MAP OF SAID CITY, AND REZONING CERTAIN HEREIN DESCRIBED REAL PROPERTY FROM ZONE C-2 TO ZONE R-3 AND CERTIFYING THE NEGATIVE DECLARATION OF ENVIRON- MENTAL IMPACT CASE NO. Z-409; APPLICANT: C. LES PERANCE) WAIVE FURTHER READING OF ORDINANCE NO. 757. M/S/C: BLEWETT/AGUILAR. There were no objections. INTRODUCE ORDINANCE NO. 757. M/S/C: BLEWETT/ AGUILAR. Roll Call. There were no objections. 00- It was the time and place fixed for a Public Hearing on CP-243, An Appeal from the decision of the Planning Commission on an Application for a Conditional Use Permit to establish a church. Breakthrough Interdenominational Church, in R-1 Zone at 13212 Francisquito Avenue. Applicant: Luis Martinez Proper publications, postings and mailings had been accomplished. There were no written protests. continued) August 4, 1977 Page 4 PUBLIC HEARING Z-409, APPLIC. FOR ZONE CHANGE FROM C-2 TO R-3 14005 RAMONA PKWY. APPLICANT: C. LES PERANCE PUBLICATIONS, POST- INGS & MAILINGS NO WRITTEN PROTE^ RBSUME PUBLIC HEARING OPENED PUBLIC HEARING CLOSED ORD. NO. 757, AMEND- ING ZONING MAP & REZONING PROPERTY FROM C-2 TO R-3 & CERTIFYING THE NEGATIVE DECLARA- TION OF ENVIRON- MENTAL IMPACT Z-409; APPLICANT: C. LES PERANCE) ORD. NO. 757 WAIVE FURTHER READING ORD. NO. 757 INTRODUCE ORDINANCE PUBLIC HEARING CP 243, APPEAL FROM DECISION OF PLANN 3 COMMISSION ON APPLI- CATION FOR C.U.P. TO ESTABLISH CHURCH IN R-1 AT 13212 FRAN- CISQUITO AVE. APPLICANT: LUIS MARTINIEZ PUBLICATIONS, POST- INGS & MAILINGS NO WRITTEN PROTESTS BIB] 37657-U01 1977-U02 08-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9764-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 04 CC MIN(ÌìÌRegular Meeting of the Baldwin Park City Council August 4. 1977 Page 5 Director of Planning Kilgour said that the Planning Commission had held a hearing on April 27, 1977 and had continued it to June 22, 1977 to allow presentation of additional information regarding traffic and noise. The Planning Commission had denied the request and the applicant, Luis Martinez, had filed an appeal. He referred to his staff report and read the reasons for denial by the Planning Commission. He said their concern with the size of the property was that there was not enough room for buffering of certain church-type activities that could occur on any church property. Congestion on this small site could cause noise, light and traffic problems for the area. He referred to attachments to his staff report and stated that the Plot Plan was the original one sent to the Planning Commission. Ten more parking spaces will be added, increasing from 27 spaces to 37 or 40 spaces. He said there was a minimum standard for development and parking in some cities which was covered in the attached survey on Standards for Churches. A survey had also been included on location and size of Baldwin Park churches. It had been noted that there was often some conflict between the small churches and single family homes adjacent to them and that the size of the site seemed to affect the ability to function properly. The church would be limited in its capacity to expand, because of the limited parking. Councilman Aguitar referred to Item 4 of the Planning Commission's reasons for denial and said that 13a of the Assessment for Environ- mental Impact contradicted this reason. Mr. Kilgour said that 13a had been the opinion of the Staff, but the Planning Commission had pointed out that any increased use of the site, such as a football game at the nearby high school, could adversely affect traffic congestion on Francisquito Avenue. They were indicating a cumulative effect. Assistant Acting City Attorney McEwen referred to the July 5th date on which Mr. Martinez had filed his Appeal and the date of the Planning Commission Resolution and asked Mr. Kilgour if there was a fifteen day filing period. Mr. Kilgour said there was. Mr. McEwen asked if Mr. Kilgour could te11 which of the Baldwin Park churches were established prior to the adoption of the Zoning Code. Mr. Kilgour said the information could be found by research through the Building Department files. Mr. Kilgour explained that the maximum occupancy to be permitted for the structure according to the Building Code would be 135 people. Approx- imately 37 cars could be accommodated, so they meet the Zoning Code requirements for parking, but if they expand to a facility of 200 people they may not be able to accommodate them with parking. Mayor Waldo declared the public hearing on CP-243 open continued) P. H. CP-243 OPENED BIB] 37657-U01 1977-U02 08-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9764-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 04 CC MIN(ÌìÌ Regular Meeting of the Baldwin Park City Council Luis Marline/, 303 Arditia, Id Puont.o, tic ippi if.ant said that UIP l*lol. Plan prp'.pnt.od to t-ho l'l.iririin<) Commission was Uu* old l*in, but. hat. ihc rpvi'.i'fl Plan indicated 40 spaces which were suft if if'nt for the people the building would hold. Mr. Kilgour said that he had stated that the parking plan had been revised to accommodate 37 to 40 spots. Mr. Martinez stated that the Plot Plan submitted had included a future church which had subsequently been deleted, on the advice of Mr. Kilgour. They knew the building would hold only 137 people and had never planned to expand to hold 200 people. He asked City Clerk Batkus to pass copies of the supplemental environmental impact study among the Council and said this paper contradicted everything on the Resolution. He compared areas in the Resolution to the Environmental Impact Report relative to parking spaces required per person and said that it says they have sufficient parking. He stated there was no traffic congestion in the section where their church was located. Their 25 decibel noise level was below the average 45 decibel noise level for a residential area. He stated that the Constitution of the United States guaranteed them the right to worship. Robert McNutty, 755 North Sunset Ave., West Covina, stated that there was a youth problem in the area where the church was located and that they provided services for troubled youth and a place for families to come. Dr. Antonio Sycip, 233 North Twintree, Azusa, stated that they were asking for a Conditional Use Permit for now; if their church mushrooms, they know they can't hold services there and that they will have to move to comfortable quarters. He said they were trying to bring people to be law abiding citizens. He had been enriched spiritually after joining this fellowship and had seen many lives recycled." Tom Carpenter, 4346 Jerry, said that this was a very important issue on the freedom of religion and that he had not taken the Oath tonight because he felt that would be a violation of the First Amendment; however, if the Oath was required, he did not wish to testify on this matter. Bertha Regus, 5013 Cutler Street, was administered the Oath under protest. She stated that no one needed religion more than Baldwin Park and that she hoped they would be granted a permit to operate their church. Jeanne Martens, 14621 Channing, was administered the Oath. She said she agreed that Baldwin Park needed more religion and felt the church would be good for the City. Mr. Kilgour said that the information relative to expansion to hold 200 people had come from page 3 of the applicant's application and that Mr. Martinez had brought together facts that 137 people could occupy the building and that 30,000 square feet was the size of the site. He stated that the continued) August 4, 1977 Page 6 LUIS MART IN[7 IN fAVOR 01 CP-^4'1 ROBERT MC NULTY IN FAVOR OF CP-243 DR. ANTONIO CYCIP IN FAVOR OF CP-243 TOM CARPENTER RE FIRST AMENDMENT FREEDOM OF RELIGION & FREE SPEECH BERTHA REGUS IN FAVOR OF CP-243 JEANNE MARTENS IN FAVOR OF CP-243 BIB] 37657-U01 1977-U02 08-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9764-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 04 CC MIN(ÌìÌ Regular Meeting of the Baldwin Park City Council August 4, 1977 Page 7 Planning Commission was not concerned about the size of the building but about the site itself. As there was no further testimony in behalf or in opposition to CP-243, Mayor Waldo declared the public hearing closed. Councilman Aguilar stated that none of the denials had any value as their noise was only singing the praises of the Lord. The Lord was coming and if the church could help save anyone it was to their benefit. OVERRIDE THE PLANNING COMMISSION'S DECISION AND GRANT THE CONDITIONAL USE PERMIT.(243) M: AGUILAR. PUBLIC HEARING CLOSED OVERRIDE THE PLANNING COMMISS- ION'S DECISION & GRANT C.U.P. Assistant Acting City Attorney McEwen said the Council had three choices: 1) to approve the Conditional Use Permit outright, 2) to approve it subject to certain conditions or 3) to deny it. Councilman Aguilar added SUBJECT TO CERTAIN CONDITIONS to his motion. Councilman Hamilton seconded the motion. He asked what conditions would be imposed upon the church with the Conditional Use Permit. Mr. Kilgour enumerated nine conditions of approval for the proposed Resolution. Mr. McEwen asked if the number of parking spaces was provided for in the conditions. Mr. Kilgour said another condition would be added to develop the property substantially as shown on the amended Plot Plan. Discussion followed relative to the effects of adding more parking spaces. Some trees and shrubbery would be removed and there would be more paved area. Mayor Waldo asked if the conditions were agreeable to the applicants. Mr. Martinez stated that there seemed to be a lot of conditions for a small piece of property, but that they would agree to them. Mr. McEwen stated that the motion must be amended to include specifically the conditions listed by Mr. Kilgour. APPROVE APPLICATION FOR CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS. M/S/C: AGUILAR/HAMILTON. Roll Call. There were no objections. Resolution was adopted later) 00- It was the time and place fixed for a Public Hearing on CP-248, An Appeal from the decision of the Planning Commission on an Application by Frank and Clover Mamone for a Conditional Use Permit to develop and maintain a Mobile Home Park at 3427 Baldwin Park Blvd. Initiated By: Baldwin Park City Council continued) SUBJECT TO CERTAIN CONDITIONS MOTION SECONDED NINE CONDITIONS OF APPROVAL ONE CONDITION ADDED APPROVE APPLIC. FOR CP-243 SUBJECT TO CONDITIONS PUBLIC HEARING CP-248, APPEAL FROM DECISION OF P.C. ON APPLIC. MAMONE) FOR C.U.P. FOR MOBILE HOME PARK 3427 B.P. BLVD. INIT.: CITY COUNCIL BIB] 37657-U01 1977-U02 08-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9764-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 04 CC MIN(ÌìÌRegular Meeting of the Baldwin Park City Council Publications, postings and mailings had been accomplished. There were no written protests. Mayor Waldo declared the Public Hearing open Director of Planning Kilgour stated that this matter had been advertised as an Appeal but that the statute of limitations fifteen days) had expired and that the action of the Council should be to dismiss the case. Mr. McEwen stated that the Municipal Code provided that the City Council must take action within fifteen days of the decision of the Planning Commission, so the action of the Planning Commission had become final prior to the Council taking action to appeal the case. Councilman Blewett referred to the Urgency Ordinance the Council had adopted and said he would like to have it reconsidered and to hear Councilman Kitchet's views on it. Councilman Kitchel said that Councilman Blewett had been part of a 5-0 vote on the Urgency Ordinance. Councilman Blewett said he had not realized that it was tied in with a pending case relative to a mobile home park in that area and that the City might have some liability in a law suit in that the Planning Commission had approved it and the time limitation had run out. He thought it might be legally questionable that the Urgency Ordinance had been adopted and asked if action should be taken to remedy it. Mr. McEwen said the action taken at the last meeting to adopt the moratorium Ordinance on mobile home parks had been taken prior to any construction taking place on the site pursuant to a validated building permit. The Conditional Use Permit did not create a vested right in that permit and he said that unless the property owner undertook substantial construction in reliance upon that, he didn't acquire a vested right. The City Council's action at the last Council Meeting was proper and should not expose the City to any liability. Councilman Blewett said he thought this would be incorrect where a loan had been secured. Some improvements had been made to the property. Mr. McEwen said that he understood that the improvements were the type that a property owner could make pursuant to the Zoning Code at any time Councilman Blewett said he could understand concern with trailer parks, but the mobile homes on Puente Avenue were beautiful. The Planning Commission had been protective in their require- ments for mobile home parks. He said he thought the City had three alternatives, 1) a mobile home park, 2) a commercial use and 3) an apartment house, and the mobile home park continued) August 4, 1977 Page 8 PUBLICATIONS, POST- INGS & MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING OPENED BIB] 37657-U01 1977-U02 08-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9764-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 04 CC MIN(ÌìÌ 1977 08 04 CC MIN(ÌìÌ Regular Meeting of the Baldwin Park City Council August 4, 1977 Page 10 which would take considerably longer due to advertising time. Mr. Kilgour suggested that the action taken at the next Planning Commission meeting be forwarded to the Council for them to see how the Planning Commission was responding to the study session. He said if it a policy matter, the Council could direct the Commission to put it into an Ordinance. Councilman Blewett suggested that it be furnished to the Council in Ordinance form so that they could pass another Urgency Ordinance on standards for mobile home parks. Mr. McEwen said certain emergency reasons had to be found in order to adopt an Urgency Ordinance. There was a specific provision in the Code for a Moratorium Ordinance for study purposes. He said if the report is returned at the next meeting, they could move to rescind the Moratorium Ordinance. This would lift the restrictions on the Mamone's project and would give adequate time to advertise, introduce and adopt the Ordinance. Councilman Hamilton seconded the motion. He said he would like to see the Urgency Ordinance lifted, but wanted ample time for study and for recommendation if there was to be an Ordinance. Mr. McEwen clarified that the case must be dismissed as there was no jurisdiction for the Council to hear it. Roll Call. Ayes: BLEWETT/HAMILTON/WALDO. Noes: AGUILAR/KITCHEL. The motion carried. DISMISS CP-248. M/S/C: BLEWETT/AGUILAR. There were no objections. 00- MOTION SECONDED MOTION CARRIED DISMISS CP-248 It was the time and place fixed for a Public Hearing on Vacation of Street Right-of-way Specific Plan 9 Between Francisquito Avenue and Tracy Street 77-V-3) Publications and postings had been accomplished There were no written protests. Acting Director of Public Works Sexton stated that Negative Declarations had been filed and certified under Modification for SP-9 proceedings in April, 1977. He said the law required the property to be posted ten days before the hearing; however, in error it had been posted nine days before the hearing and should be continued. Mayor Waldo declared the Public Hearing open. No testimony was received in behalf or opposition to 77-V-3. CONTINUE PUBLIC HEARING TO AUGUST 18, 1977. 00- PUBLIC HEARING VACATION OF ST. RIGHT-OF-WAY SPEC. PLAN 9 77-V-3) PUBLICATIONS & POSTINGS NO WRITTEN PROTESTS PUBLIC HEARING OPEN CONT. P.H. TO 8/8/77 BIB] 37657-U01 1977-U02 08-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9764-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 04 CC MIN(ÌìÌRegular Meeting of the Baldwin Park City Council August 4, 1977 Page 11 Acting City Manager Sexton stated that a written communication had been received from the Chamber of Commerce, asking the City if it wished to exercise its option to designate a representative of the City to sit on the Board of Directors. This was one of the contractual conditions. CITY MANAGER DECIDE WHO IS TO SIT ON CHAMBER OF COMMERCE BOARD OF DIRECTORS. M/S: AGUILAR/HAMILTON. CITY MGR. DECIDE WHO IS TO SIT ON CH. OF COMMERCE BD. OF DIRECTORS Councilman Blewett opined that it should be a member of the legislative body, as they are supposed to sit on a number of Commissions and receive reports from those who sit on these committees. Mayor Waldo disagreed, saying that the City was progressing in many areas and that a member of the City Staff should be there to enlighten the Chamber of Commerce Directors. It would elim- inate any political flavor that might come out if any of the elected officials were seated. He preferred that it be either the City Manager or his authorized delegate. Councilman Hamilton said that he, too, wanted to keep politics out of the Chamber of Commerce. Councilman Btewett said to note his objection. 00- Acting City Manager Sexton referred to a written communication received from Assemblyman Leroy Greene, which advised that his Assembly Bill 101 will enable Bingo to be played by organizations who thought they could play Bingo following approval of a constitutional amendment in June, 1976, but found they could not do so. AB 101 win now permit senior citizens, veterans' organizations, fraternal societies, mobilehome parks, labor unions, business leagues and social and recreational dubs to conduct Bingo games with the proceeds going to charity. 00- At 9:08 P.M. Mayor Waldo declared a recess. 00- AT 9:22 P.M. the meeting reconvened with roll call the same as at the beginning of the meeting 00 Assistant Acting City Attorney McEwen stated that the action on CP-243, the Breakthrough Interdenominational Church, should be by Resolution rather than by motion. Mr. McEwen read by title: RESOLUTION NO. 77-57, APPROVING AN APPLICATION FOR A CONDITIONAL USE PERMIT TO ESTABLISH A CHURCH ON R-1 PROPERTY AT 13212 FRANCISQUITO AVENUE AND CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT CASE NO. CP-243; APPLICANT: LUIS MARTINEZ, REPRESENTING BREAKTHROUGH INTERDENOMINATIONAL CHURCH continued) ONE OBJECTION NOTED COUNCILMAN BLEWETT WRITTEN COMMUNIC. ASSEMBLYMAN LEROY GREENE RE BINGO 9:08 P.M. RECESS 9:22 P.M. MEETING RECONVENED RES. NO. 77-57, CP-243, APPLICANT: LUIS MARTINEZ REPRE- SENTING BREAKTHROUGH INTERDENOMINATIONAL CHURCH BIB] 37657-U01 1977-U02 08-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9764-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 04 CC MIN(ÌìÌRegular Meeting of the Baldwin Park City Council WAIVE FURTHER READING AND ADOPT-RESOLUTION NO. 77-57. M/S/C: AGUILAR/HAMILTON. There were no objections. 00- Acting City Manager Sexton referred to action taken at the last Council Meeting relative to the purchase of equipment for the new Public Services Building. He said he had overlooked the need to require that the Council also approve a waiver of formal bid procedures as some of the equipment is exotic and not the type on which to obtain competitive bids, and requested that Council take this further step of action. WAIVE FORMAL BID PROCEDURES FOR PURCHASE OF EQUIPMENT FOR THE NEW PUBLIC SERVICES BUILDING. M/S/C: AGUILAR/HAMILTON. Roll Call. There were no objections. 00- Acting City Manager Sexton stated that the Housing Advisory Commission had met on Tuesday and taken action to recommend the establishment of a Housing Authority to the City Council. He asked Building Superintendent Cunningham to indicate the reasons for request for this action by Council. Mr. Cunningham said that within eight weeks two applications had been made for Section 8 housing for senior citizens and tow income families. One application had been made for 198 units and another application was for 100 units. If successful, $650,000 should be received for the 298 units, plus $164,000 in administrative fees to administer the program. The total value would amount to over $2 million. To participate in the Section 8 program, this City must have a Housing Authority and the Staff, through the Housing Commission, had developed the program that was being presented tonight. He said Section 8 was a program whereby senior citizens could pay 25% or less of their total income, depending upon ability to pay. Council discussion followed on how the 298 units would be built. Mr. Cunningham said a private developer could build them or application could be made to HUD for construction money for the City to construct them, or they could apply to the California Housing Finance Agency to finance them Mr. Sexton said that this was the second step in the process and more technical steps would be coming before the Council for further action. Tom Klein, Chairman of the Housing Advisory Commission, said that Baldwin Park needed upgrading of houses and that this was the first priority of the President of the United States in the next four years. Millions of dollars were going to be spent in local commun- ities and Baldwin Park had the needs and all the qualifications to apply for this program. He stated that it would be best for Baldwin Park to have their own Housing Authority rather than going along with what the County could offer. He referred to the report given to the Council and said the Housing Committee had worked long and hard on it. continued) August 4, 1977 Page 12 RES. NO. 77-57 ADOPTED WAIVE FORMAL BID PROCEDURES FOR PURCHASE OF EQUIP- MENT FOR PUBLIC SERVICES BUILDING HOUSING AUTHORITY ESTABLISHED FOR SECTION 8 PROGRAM BIB] 37657-U01 1977-U02 08-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9764-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 04 CC MIN(ÌìÌRegular Meeting of the Baldwin Park City Council August 4, 1977 Page 13 Acting City Manager Sexton read by title: RESOLUTION NO. 77-58, DECLARING THE NEED FOR A HOUSING AUTHORITY IN THE CITY OF BALDWIN PARK, CALIFORNIA ADOPT RESOLUTION NO. 77-58 AND WAIVE FURTHER READING M/S/C: BLEWETT/KITCHEL. Roil Call. There were no objections. Councilman Kitchel stated that when he had been a participant at the NAHRO Convention in Honolulu and had sat through seminars, HUD representatives had said there weren't federal funds available for such programs as Section 8. He had heard a new story two months ago when he had attended the regional conference of NAHRO in San Francisco. He had seen slides of what Section 8 had done in deteriorated residential areas to provide housing for senior citizens and those with low and moderate income, and said it would be profitable and should be taken advantage of. 00- Acting City Manager Sexton said the study of the various Commissions was being continued, and the Council had heard the report of the Housing Advisory Commission tonight relative to creating a Housing Authority. All but two of the Commissions had submitted their progress reports and they were prepared to report on the Planning Commission and the Recreation and Parks ConTmssion. These Commissions both had positions to be filled and ballots had been prepared for the Council's use. Council agreed to consider the vacancies for the Planning Commission. Mr. McEwen asked if the necessary postings had been made as required by the Maddy Local Appointive List Act and City Clerk Balkus confirmed that they had been. Councilman Blewett suggested that four persons listed be reappointed without the ballot process. REAPPOINT FOUR COMMISSIONERS TO THE PLANNING COMMISSION. M/S/C: BLEWETT/HAMILTON. There were no objections. City Clerk Balkus read by title: RESOLUTION NO. 77-59, APPOINTING CERTAIN MEMBERS TO THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK City Clerk Balkus stated that Samuel Wiest had been appointed to Office No. 1, Merrill F. Whitley to Office No. 2, Robert Larson for Office No. 3 and Cart M. Burnett for Office No. 4. WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 77-59. M/S/C: BLEWETT/HAMILTON, There were no objections. 00- Mr. Sexton stated there were two positions on the Recreation and Parks Commission that had expired and that the Commission had requested that John Duran's position be filled, as he had not been attending meetings. continued) RES. NO. 77-58, DECLARING NEED FOR HOUSING AUTHORITY IN BALDWIN PARK. CA RES. NO. 77-58 ADOPTED RES. NO. 77-58 ADOPTED REPORT ON COMMISSIONS PLANNING COMMISSION REAPPOINT FOUR COMMISSIONERS TO PLANNING COMMISSION RES. NO. 77-59. APPOINTING CERTAIN MEMBERS TO THE PLANNING COMMISSION SAMUEL WIEST. MERRILL F. WHITLEY. ROBERT LARSON & CARL M. BURNETT APPOINTED RES. NO. 77-59 ADOPTED RECREATION & PARKS COMMISSION BIB] 37657-U01 1977-U02 08-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9764-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 04 CC MIN(ÌìÌRegular Meeting of the Baldwin Park City Council August 4, 1977 Page 14 Councilman Hamilton said he understood that Lucita Valencia had not been attending meetings. Voting was by secret ballot and City Clerk Balkus stated that the majority of votes were for Robert McNeill, Lewis Farkas and Betty Wallace. The two students recommended by the high schools were Tony Portillo and Laurie Honken. FOR OFFICE 2, BETTY WALLACE ROBERT H. MC NEILL FOR AGUILAR/KITCHEL. There APPOINT LEWIS FARKAS FOR OFFICE NO. 4 AND OFFICE NO. 5. M/S/C were no objections. City Clerk Balkus said the Resolution should include the two students for Offices 6 and 7. City Clerk Balkus read by title: RESOLUTION NO. 77-60, APPOINTING CERTAIN MEMBERS TO THE RECREATION AND PARKS COMMISSION OF THE CITY OF BALDWIN PARK ADOPT RESOLUTION NO. 77-60 AND WAIVE FURTHER READING. M/S/C: AGUILAR/KITCHEL. There were no objections. 00- Councilman Btewett suggested the reappointment of two of the Personnel Commissioners, Lynn Cole and Marshall Hadtey. Discussion followed relative to waiting for a report on qualification of people who serve on the Personnel Commission and whether they must live in the^ City. APPOINT LYNN COLE TO OFFICE NO. 1 AND MARSHALL HADLEY TO OFFICE NO. 2 FOR FOUR YEAR TERMS. M/S: BLEWETT/HAMILTON. Councilman Kitchel said the report was forth- coming and there was no need for haste because the Personnel Commission was existing until they were reappointed or their unexpired terms were tilted. Rot 1 Call. Ayes: BLEWETT/HAMILTON. Noes: AGUILAR/KITCHEL/WALDO. The motion did not carry. 00- Mr. Harry Hedrick, Reemployment Action Committee, gave a presentation on REAC. He said they have five offices and serve 26 cities. They had had 1200 verified employment placements in the first six months of this year. Dr. Paul Weisend narrated and showed slides of the offices in Baldwin Park, El Monte, Azusa, Burbank and Rosemead and workers and employee placements from those offices. He stated that REAC was sponsored by Citrus College in Azusa and was the brain child of Congressman John Rousselot. Statistics were given of dollars spent and placements made. He stated that Baldwin Park placements amounted to $600,000 in earned income per year. Their goals were set out continued) APPOINT LEWIS FARKAS. BETTY WALLACE & ROBERT MC NEILL APPOINT STUDENTS TONY PORTILLO & LAURIE HONKEN RES. NO. 77-60, APPOINTING MEMBERS TO REC. & PARKS COMMISSION RES. NO. 77-60 ADOPTED PERSONNEL COMMISSIONERS APPOINT LYNN COLE & MARSHALL HADLEY MOTION DID NOT CARRY REAC PRESENTATION, HARRY HEDRICK DR. PAUL WEISEND BIB] 37657-U01 1977-U02 08-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9764-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 04 CC MIN(ÌìÌRegular Meeting of the Baldwin Park City Council 1977 August 4, Page 15 and he said they had exceeded alt externally imposed requirements and project that by the end of the period they win have met 277% of their externally imposed requirements. Council discussion followed regarding percent- ages of failures and goals. Mayor Waldo thanked Mr. Hedrick and Dr. Weisend for their presentation. Dr. Weisend stated that their office serving Baldwin Park was located at Ramona Blvd. and Cogswell Road and that they were there to give employment assistance to anyone who needed it. 00- Assistant Acting City Attorney McEwen referred to the lawsuit filed by Councilmen Blewett and Hamilton against three councitmen as individuals. He said it was necessary to receive authorization from the Council in order to proceed with the matter. AUTHORIZE ACTING CITY ATTORNEY TO TAKE ANY STEPS NECESSARY TO REPRESENT THE CITY AND THE CITY COUNCIL IN THE ACTION ENTITLED BLEWETT VS. KITCHEL FT AL, CASE NO. 207202. M/S/C: AGUILAR/KITCHEL. Roll Call. Ayes: AGUILAR/KITCHEL/HAMILTON/ WALDO. BLEWETT: Abstain. The motion carried. 00- Mr. McEwen referred to a letter received from Michael B. Montgomery, dated August 3, 1977, relative to the two law suits pending Blewett versus Waldo and Blewett versus Kitchet. He framed the motion: PROVIDE COUNCILMEN KITCHEL, AGUILAR AND WALDO WITH THE DEFENSE IN THE MATTER OF BLEWETT VERSUS WALDO, LASC CASE NO. 206858 AND BLEWETT VERSUS KITCHEL. LASC CASE NO. 207202, AS REQUESTED IN THE LETTER FROM THEIR ATTORNEY, MICHAEL B. MONTGOMFRY, DATED AUGUST 3, 1977 PURSUANT TO GOVERNMENT CODE SECTION 995. Councilman Blewett stated that he was paying for his own attorneys and that they should pay for theirs. Councilman Hamilton agreed, saying that it was becoming very expensive to pay alt these legal fees. He stated he had merely requested that the Council set the election date, as that was the wishes of at least 4,000 persons in the City who had signed petitions. This was the reason he had been mentioned in the suit. He stated that the attorneys were the only ones benefitting from a 11 this turmoil and that it all could have been settled by Council. continued) AUTH. A.C.A. TO TAKE STEPS NECESS- ARY TO REPRESENT CITY & C.C. BLEWETT VS. KITCHEL ET AL, CASE NO. 207202 PROVIDE C. KITCHEL, AGUILAR & WALDO WITH DEFENSE BLEWETT VERSUS WALDO, ET AL & BLEWETT VERSUS KITCHEL, ET AL AS REQUESTED BY ATTY. MICHAEL B. MONTGOMERY BIB] 37657-U01 1977-U02 08-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9764-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 04 CC MIN(ÌìÌRegular Meeting of the Baldwin Park City Council Mayor Waldo said his understanding was that Councilman Blewett was attempting to sue them personally for actions taken as the City Council, and that the money involved would be money taken away from their families and should be a legitimate expense. Assistant Acting City Attorney McEwen stated that according to the Government Code, the City was required to provide defense that is requested by the employee in an action that arises out of the performance of his duties and that this was an appropriate case to grant the request. Councilman Blewett said the Council had become a very self serving body and that Mrs. Batkus had not been allowed her own Counsel; they had tried to inflict the Ritchie office on her. He stated that he felt the three Councitmen had been ripping the taxpayers of the City and deserved to have somebody get into their pockets and that he was going to try to do it: Councilman Aguilar asked Mr. McEwen to again frame the motion. PROVIDE COUNCILMEN KITCHEL, AGUILAR AND WALDO WITH THE DEFENSE IN THE MATTER OF BLEWETT VERSUS WALDO, LASC CASE NO. 206858 AND BLEWETT VERSUS KITCHEL, LASC CASE NO. 207202, AS REQUESTED IN THE LETTER DATED AUGUST 3, 1977 FROM THEIR ATTORNEY, MICHAEL B. MONTGOMERY, PURSUANT TO GOVERNMENT CODE SECTION 995. M/S/C: AGUILAR/ WALDO. Roll Call. Ayes: AGUILAR/WALDO. Noes: BLEWETT/KITCHEL/HAMILTON. The motion did not carry. Councilman Kitchel said that he felt they were capable of providing their own legal defense in prior suits, and that the City Attorney would be representing them in their capacity as Councilmen. He said he was ready to go to the expense of a personal attorney to be represented in court. Councilman Blewett commended Councilman Kitchel for the most responsible, creditworthy action that he had seen from the counci1matic body for a long time and that it was a giant step forward for the taxpayers of the City. He said the best way to handle the cases would be to get them out of court and before the voters; only members of the legal profession were getting rich. Councilman Hamilton stated that if the Council would set an election date and pull the cases out of court, it would save a lot of money. He said there had been three attorneys in court today on the payroll of the City. Mr. McEwen said Mr. Montgomery had not represented the City in court today. Mayor Waldo said they could forge forward as soon as they could get a ruling on constitutionality so they could have an election. continued) August 4, 1977 Page 16 PROVIDE C. KITCHEL, AGUILAR & WALDO WITH DEFENSE IN CASES BLEWETT VS. WALDO & BLEWETT VS. KITCHEL REQUESTED IN LETTER RECD. MICHAEL MONTGOMERY MOTION DID NOT CARRY BIB] 37657-U01 1977-U02 08-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9764-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 04 CC MIN(ÌìÌRegular Meeting of the Baldwin Park City Council Councilman Btewett said that the City Attorney keeps asking for a continuance and that. they could have forged forward today if the recom- mendation of the attorney for an expeditious hearing had been followed. He stated that Mr. Ritchie had asked for a continuance until next week, but Mr. Montgomery couldn't be there next week and on and on; the country was taking the shaft from the legal profession Councilman Kitchet referred to an editorial in the Tribune referring to these Council meetings as spit and argue sessions," but he said the article failed to mention the name of the person who often prompted them. 00- August 4, 1977 Page 17 Tom Ktein, 12800 Salisbury, said he had made notes regarding taxpayers. He had heard tonight that a 30,000 sq. ft. lot, representing about five home sites, had been taken off the tax roles for a church. He referred to action on trailer parks as only paying land taxes that were collected by the Dept. of Motor Vehicles. He said police and fire protection and schools had to be provided them and he was not in favor of trailer courts as a way to build up tax base. He said it seemed that anyone who came in for a variance could get it, regard- less of the General Plan. 00- TOM KLEIN NOT IN FAVOR OF CUP FOR CHURCH OR TRAILER PARKS IN B.P. AS WAY TO BUILD UP TAX BASE Bertha Regus, 5013 Cutter, said she understood that mobile homes were going to pay taxes under new laws, because most of them were not on wheels and will be assessed. She said the Mamone's property was an ideal spot for a mobile home park, dose to the freeway and to the City, and that she understood Mr. Mamone had invested over $5,000 to try to meet the planning requirements and now had to wait another two weeks. She stated that she was glad Council had seen fit to grant the church a permit and that parking there was not a problem. BERTHA REGUS IN FAVOR OF MOBILE HOME PARK & GRANT- ING CUP FOR CHURCH 00- Tom Carpenter, 4346 Jerry, stated that a year ago at the budget hearing he had testified for an hour without having been sworn in on how to save money and reduce taxes. He said not many people had stepped forward at that time and that most of the discussion had been on the police problem and not having enough money for more police. He stated that the Council had never paid any attention to him or anyone who recommended a reduction in tax. He said that people who are stepping forward now about using tax money and about the land not being properly used should have stepped forward during the budget hearing. He stated that the body who never wanted to listen was the one to reduce taxes, and not the county. He cont(nuan TOM CARPENTER RE SPEAKING AT BUDGET HEARINGS BIB] 37657-U01 1977-U02 08-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9764-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 04 CC MIN(ÌìÌRegular Meeting of the Baldwin Park City Council August 4, 1977 Page 18 said he had not been sworn in and had been put under penalty of perjury if he spoke at this year's budget hearing. As a result, the Council did not get an hour of discussion and his recommenda lions to reduce taxes. He said revisions could be made in the budget in a couple of months and urged that the people step forward with suggestions and that the Council listen to them. 00- James Garrow, 1011 North Baldwin Park Blvd., stated that when he and his wife helped form the City of"Baldwin Park, local rule had been planned. He said he felt that every Commissioner and every Councilman should be a citizen of the City and that there should be a residency require- ment so that they can run their City. 00- Councitman Blewett referred to the comment made relative to how many houses could have been put on the church property and said that that would be physically impossible. He felt that the Planning Commission denial had been based upon false information and that that had probably been the consensus of most of the Councilman in making their decision. He referred to comments made relative to trailer parks and made the distinction between trailer parks and mobile home parks. He asked if it was better to have property tying vacant that hadn't been zoned or if it was better to do something with it. He said he agreed with Mr. Garrow on residency requirements, with the exception of the Personnel Commission. These people were supposed to be above the politics of the community and are supposed to be a broad based Commission representing several interests so that it cannot be a stacked Commission. He thought it would be better to have people who do not have a vested interest when they go into a court hearing. Councilman Kitchel responded to Mr. Carpenter's statements relative to the budget hparinos. He stated that it was his opinion that so long as it was the policy of the Council to require that the Oath be administered to all desiring to testify, the policy must be adhered to. He said Mr. Carpenter must not have placed much value on the information that he could have given or he would not have stood behind a principal in not taking an Oath. He stated that he hoped that anyone who wished to speak would adhere to the policy and take the Oath. Mayor Waldo said that repeated attempts had been made to get people to speak at the budget public hearing, but nobody wished to. Councilman Aguilar referred to Mr. Klein's comments about how five homes could have been put on the church lot and said he thought that bringing people closer to the Lord was more Important than homes or money. 00- JAMES GARROW IN FAVOR OF RESIDENCY REQUIREMENT FOR COUNCILMEN AND COMMISSIONERS v COUNCIL DISCUSSION BIB] 37657-U01 1977-U02 08-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9764-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 04 CC MIN(ÌìÌRegular Meeting of the Baldwin Park City Council AT 10:54 P.M. TIIL MEETING ADJOURNED. M/S/C: AGUILAR/K1TC11FL. There were no objections. 00- August 4, 1977 Page 19 10:54 P.M. MEETING ADJOURNED J^^c/^'^^ THELMA L. BALKUS, CITY CLERK APPROVED: A^^M^ I 0 1977 Date of Distribution to City Council: August 12, 1977 Date of Distribution to Departments: August 12, 1977 BIB] 37657-U01 1977-U02 08-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9764-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 04 CC MIN(ÌìÌREGULAR 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 Councilman Hamilton. Councilman Kitchel 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, DIRECTOR OF FINANCE HALLOWAY, CHIEF OF POLICE CHELLINO, CITY TREASURER MONTENEGRO AND CITY CLERK BALKUS 00- AUGUST 4, 1977 7:30 P.M. INVOCATION FLAG SALUTE ROLL CALL CONTINUATION OF PUBLIC HEARING Public Hearing on Z-407 An Application for a Zone Change from Zone R-1 to Zone R-3 on Properties Located at 3125 and 3135 Puente Avenue Applicant: Paul R. Wheeler Continued from July 7, 1977) Public Hearing on Vacation of Street Right-of-Way Specific Plan 9 Between Francisquito Avenue and Tracy Street 77-V-3) AT 10:55 P.M. THE MEETING ADJOURNED. M/S/C: AGUILAR/KITCHEL. There were no objections. 00- CONTINUATION OF PUBLIC HEARING CONTINUED TO OCTOBER 6, 1977 CONTINUED TO AUGUST 18, 1977 10:55 P.M. MEETING ADJOURNED DATED: AUGUST 5, 1977 TIME: 10:00 A.M. THELMA L. BALKUS, CITY-CLERK BY: yi4^ W^^J^^ HELEN WINCHESTER, DEPUTY BIB] 37657-U01 1977-U02 08-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9764-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 would seem to be an excellent solution. Mr. McEwen said the Ordinance could be repealed. Councilman Blewett said he would like an Ordinance to repeat the Urgency Ordinance, but would not object to having a study made. He didn't think they should hold up somebody who had already gotten money commitments based upon good faith with the City. REPEAL ORDINANCE NO. 756 URGENCY). M: BLEWETT. August 4, 1977 Page 9 REPEAL ORD. NO. 756 URGENCY) Councilman Hamilton said he understood the Urgency Ordinance had been passed so that the Staff might study the prospects of mobile home parks and their desirability. He knew Mr. Mamone had a lot of property that he was paying high taxes on and understood why he wanted the mobile home park. Councilman Blewett said all the mobile home parks built since Baldwin Park became a City were some of the finest residential environments in the community. Councilman Kitchet elated there had been nothing vindictive in his action in bringing up the hearing. He was glad it was being returned to the Planning Commission for further analysis, as some area's deplorable conditions necessitated a policy by the City to establish guidelines for mobile home parks in Baldwin Park. Although the moratorium enacted at the last Council Meeting had called for a four month's study period, he had asked that the Planning Director and City Manager work as expeditiousty as possible. He said he would not be in favor of lifting the moratorium and simply wanted recommendations from the Planning Commission in order to have something to go by. Mr. Kitgour said there would be a study item on^ the agenda for the Planning Commission meeting August 10 relative to standards for mobile home parks. The City does have standards, but these are policy matters as a standard and not an Ordinance. In CP-248, the only item that did not meet those policy matters was that a total site area of-five acres was recommended and the Mamone's site is smaller than that. He would get into the details during the report session. Councilman Blewett requested that the Planning Commission have the report back to the Council at the next Council Meeting and not be extended beyond that point. He said he felt the Mamone's deserved expeditious treatment, as the City may have done them irreparable harm financially and has a moral commitment to them. The motion to repeal Ordinance No. 756 died for lack of a second. REFER TO PLANNING COMMISSION FOR PfEM TO PREPARE A REPORT TO BE RETURNED TO THE CITY COUNCIL MEETING AUGUST 18, 1977 READY TO BE VOTED ON. M: BLEWETT. Council discussion followed relative to reluctance to being duty bound to act in this limited time to make limited changes to the policy package or to refine an Ordinance, c continued) MOTION DIED REFER TO P.C. FOR THEM TO PREPARE A REPORT TO BE RETURNED TO C.C. MTG. 8/18/77 BIB] 37657-U01 1977-U02 08-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9764-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06