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Home My WebLink About1977 08 18 CC MIN1977 08 18 CC MIN(ÌìÌµINDE^X AUGUST 18, 1977 Page Invocation Councilman Hamilton 1 Meeting Began 7:55 P.M. 1 Consent Calendar 1 1. Approval of Minutes of August 4, 1977 1 2. Receive and File Treasurer's Report July 31, 1977 1 3. Resolution No. 77-61, Claims & Demands, Warrant Nos, 8277 1 8427. Payroll 7/24/77 8/6/77 4. Resolution No. 77-62, Claims & Demands, Warrant Nos. 13-17 1 5. Ordinance No. 757, Amending Zoning Map from C-2 to R-3 1 and Certifying Negative Declaration of Environmental Impact Z-409; Applicant: C. Les Perance) 6. Resolution No. 77-63, Requesting Allocation and Payment of County Aid to Cities Funds for Maintenance of Select System Streets 7. Resolution No. 77-64, Adopting Basic Salary Plan 1 Part-Time Temporary) 8. Resolution No. 77-65, Establishing Liability Insurance 1 Reserve Fund Liability Insurance 2 Concur with Recommendations on Consent Calendar, Including 2 Corrections on Resolution No. 77-65 Oath Administered 2 Public Hearing, Vacation of Street Right-of-Way, Specific Plan 9 2 77-V-3) Publication and Postings 2 No Written Protests 2 Public Hearing Opened 3 Public Hearing Closed 3 Resolution No. 77-66, Ordering the Vacation of a Certain 3 Street Easement Between Francis Avenue and Tracy Street 77-V-3) Adopted Public Hearing, Vacation of Street Right-of-way, Battentine Place, 3 77-V-2) Publication and Postings 3 No Written Protests 3 Public Hearing Opened 3 Public Hearing Closed 3 Resolution No. 77-67, Ordering Vacation of Easement Between Atderson 3 Ave. and Downing Ave. and Certifying Negative Declaration of Environmental Impact 77-V-2) Adopted Public Hearing, Public Nuisance Case No. 77-W-88, Confirming 4 Cost 4137 Maine Avenue Postings and Mailings 4 No Written Protests 4 Public Hearing Opened 4 Public Hearing Closed 4 Resolution No. 77-68, Confirming City Manager's Reports 4 Regarding Certain Special Assessments Case No. 77-W-88 Adopted Written Communications Tom Klein re Invitation to Housing Advisory Commission Meeting 8/22/77 re Housing for Aged Resolution NO. 77-69, Designating Survey Area and Directing 4 Feasibility Studies Adopted Sixpence Inns Negotiations 5 Authorize Opening of Escrow and Execution of Grant Deeds to 5 Sixpence Inns for Land in Project Area Resolution No. 77-70, Fixing Tax Rate for FY Commencing 7/1/77 Adopted 5 Recall Resolutions 5 Resolution No. 77-72, Catling and Giving Notice of Special 5 & 6 Municipal Election, Tuesday, 11/8/77, Question of Recall of Office and of Filling the Vacancy Mayor Waldo) Did not Carry) Resolution No. 77-72, Calling and Giving Notice of Holding of 7 Special Municipal Election on Tuesday, 11/22/77 for Submission to Voters the Question of Recall and of Filling Vacancy if Recall Prevails Councilman Kitchet) Motion Died BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµIndex August 18, 1977 Page 2 Page Report on Commission 7 Intercommunity Improvement Society 8 Contract Will Be Given to Council to Study a Week Before 9 City Council Meeting Mid-Valley Community Mental Health Council Authorize 9 Execution of Contract Report on Community Center Rehabilitation 9 Waive Formal Bid Procedures and Approve Total Cost of $68,000 9 Waive Formal Bid Procedures, Approve Total Cost of $68,000 9 and Include Commendation for Richard Cunningham Council Discussion Mobile Home Park Guidelines 10 Direct Planning Commission to Set Public Hearing 10 9 13 P.M. Recess 11 9 25 P.M. Meeting Reconvened 11 Direct Staff to Report to Council Re Facilities for Handicapped 11 Public Hearing, Residency Qualifications, Councilman Russell 11 E. Btewett Publication and Mailing 11 No Written Protests 11 Acting City Attorney Ritchie, Representing City Council 11 Attorney Robert Ftandrick, Representing Councilman Blewett 12 Objection to City Council Proceeding Acting City Attorney Ritchie Overruled Objection 13 Attorney Flandrick Objection to Participation of 13 Mayor Waldo, Councilman Kitchet and Aguitar Attorney Flandrick No Written Material or List of Witnesses 13 Received; Continuance Requested Copies of Documents Distributed 14 Attorney Flandrick Objection to City Exhibits IV AND V 14 Objection Re-Stated 14 Acting City Attorney Ritchie Accept Two Documents as Evidence 15 Attorney Flandrick Objection to City Exhibits VI and VII 15 on Misconduct of Council Objection to Accepting Copies of Exhibits VI and VII Overruled 15 City Exhibit VIII Application of Water, Sewer and Refuse 16 Service 2305 Redding Way Attorney Flandrick Objection to City Exhibit VIII 16 City Exhibit IX Affidavit of Custodian of Records 16 Southern California Edison Company Attorney Flandrick Objection to City Exhibit IX 16 Acting City Attorney Ritchie Admit Second Item for 16 Limited Purpose Objection Overruled City Exhibit X Declaration of Custodian of Records 16 General Tetephon Company Attorney Flandrick Objection to Exhibit X 16 Attorney Flandrick Objection to Testimony of 16 Mr. Ritchie and Mr. McEwen Objection Overruled 17 Attorney Flandrick Objection of Partial Deposition 17 on City Exhibit XI City Exhibit XI Full Deposition of Judy Hammond 17 Attorney Flandrick Withdrew Objection to Exhibit XI 18 Brief Recess 18 City Exhibit XII Deposition of Russell E. Blewett 18 No Objection to City Exhibit XII 18 City Exhibit XIII Deposition of John Elmer Blewett 18 BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµIndex August 18, 1977 Page 3 Page Oath Administered to Councilman Blewett 20 Oral Testimony Councilman Blewett 20 11:30 P.M. Recess 20 11:41 P.M. Council Reconvened 20 Oral Testimony Councilman Blewett 20 Adjourn Public Hearing to Thursday 8/25/77 at 7:30 P.M. 20 and Instruct Mr. McEwen to Provide Copies of Two Depositions Re-Open City Council Meeting for Purpose of Listening 21 to Oral Communication Gloria Zook re Decision on Public Hearing 21 Michael Dargus re Billboards and Violation of 21 City Ordinance Bertha Regus re Personnel Hearings, Waste of Tax Dollars, 21 Council Residence and Court Trial Dorothy Dunn re Councilman Blewett Residence 22 Bonnie Hanrahan re Baldwin Park Blvd. Median and 22 Street Lights Daniel Erbe re Civil Rights and Recall Election 22 Councilman Aguitar re Fair Vote on Councilman Blewett Hearing 22 Councilman Blewett re Billboard Down 22 Mayor Waldo re Billboards and Right to Review Petitions 22 Adjourned 12:18 A.M. to Thursday, August 25, 1977, 7:30 P.M. 23 BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµUNOFFICIAL 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. AUGUST 18, 1977 7:30 P.M. Roil Ca11: Present: COUNCILMEN AGUILAR, BLEWETT, HAMILTON, KITCHEL AND MAYOR WALDO 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 Also Present: The meeting began at 7:55 P.M. due to the extension of the CRA meeting and the interim recess. 00- City Clerk Balkus presented the Consent Calendar: 1. Approval of Minutes of August 4, 1977 2. Receive and File Treasurer's Report July 31, 1977 ROLL CALL MEETING BEGAN 7:55 P.M. CONSENT CALENDAR APPROVAL OF MINUTES 8/4/77 RFC. & FILE TREAS. REPORT 7/31/77 3. Waive Further Reading and Adopt RESOLUTION NO. 77-61 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Waive Further Reading and Adopt RESOLUTION NO. 77-62 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 5. Waive Further Reading and Adopt 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 DECLARA- TION OF ENVIRONMENTAL IMPACT CASE NO. Z-409; APPLICANT: C. LES PERANCE) 6. County Aid to Cities Funds Waive Further Reading and Adopt RESOLUTION NO. 77-63 REQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES FUNDS FOR THE MAINTENANCE OF SELECT SYSTEM STREETS 7. Salary Increases for Part-Time Temporary Waive Further Reading and Adopt RESOLUTION NO. 77-64 ADOPTING A BASIC SALARY PLAN PART-TIME TEMPORARY) 8. Liability Insurance Program for Fiscal Year 1977/78 Waive Further Reading and Adopt RESOLUTION NO. 77-65 ESTABLISHING A LIABILITY INSURANCE RESERVE FUND continued) RES. NO. 77-61 CLAIMS & DEMANDS WARRANT NOS. 8277 8427, PAYROLL 7/24/77 8/6/77 RES. NO. 77-62 CLAIMS & DEMANDS WARRANT NOS. 13 17 ORD. NO. 757, AMENDING ZONING MAP FROM C-2 TO R-3 & CERTIFYING NEGATIVE DECLAR. OF ENVIRONMENTAL IMPACT Z-409; APPLIC.: PERANCE RES. NO. 77-63 REQUESTING ALLOC. & PAYMENT OF CT. AID TO CITIES FUNDS TO MAINT. SELECT SYST. STS. RES. NO. 77-64 ADOPTING BASIC SALARY PLAN PART-TIME TEMP.) RES. NO. 77-65 ESTABLISHING LIABILITY INS. RESERVE FUND BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµRegular Meeting of the Baldwin Park City Council Assistant Acting City Attorney McEwen asked for clarification on the Liability Insurance, saying that the report had indicated that $25,000 would be appro- priated for the reserve fund for this fiscal year while the Resolution had indicated $50,000. Councilman Hamilton also asked that Item 8 be withheld for discussion. He said that he had attended a recent meeting of the San Gabriel Valley Association of Cities where city's carrying their own liability insurance had been discussed in depth with an expert in the field. He expressed doubt that $50,000 would be enough to pay off claims in the next two or three years and cautioned that the Council should keep a dose scrutiny of claims being paid. He stated he would like to see the amount increased during the next budget meeting. Mr. Hattoway stated that the intent was to eventually build the reserve fund to the minimum of $50,000. It was not necessary to do it all at once; $25,000 could be appropriated now and $25,000 next year. There was no specified time period. Mr. McEwen suggested that the phrase in the amount of $50,000" be deleted from Section 2 of the Resolution to make the meaning dear. CONCUR WITH RECOMMENDATIONS ON CONSENT CALENDAR, INCLUDING CORRECTION ON RESOLUTION NO. 77-65. M/S/C: KITCHEL/HAMILTON. Roll Call. There were no objections. August 18, 1977 Page 2 LIABILITY INSURANCE CONCUR WITH RECOMMENDATIONS ON CONSENT CAL., INCLUDING CORREC- TIONS ON RES. NO 77-65 00- City Clerk Batkus administered the Oath to those in the audience desiring to be heard during the meeting. 00- Mayor Waldo stated that Item 2 under Public Hearings would be considered after the City's business had been completed. 00- 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) Continued from August 4, 1977) OATH ADMINISTERED PUBLIC HEARING VACATION OF ST RIGHT-OF-WAY SPEC. PLAN 9 77-V-3) PUBLICATION & POSTINGS Publication and postings had been accomplished NO WRITTEN PROTESTS There were no written protests. RESUME Acting Director of Public Works Sexton said this action was the result of modification of Specific Plan 9, adopted in April, 1977. The street had been dedicated for fifteen years in order to provide access but now there was no expectation of this being accomplished. The Negative Declarations had been filed and certified under the modifica- tion of SP-9. He stated that the City Attorney had requested that all legal require- ments have been met" be added to the wording continued) BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµRegular Meeting of the Baldwin Park City Council at the end of the second paragraph in the Resolution Mayor Waldo declared the public hearing open. As there was no testimony in behalf or in opposition to Vacation of Street Right-of-way Specific Plan 9, Mayor Waldo declared the public hearing closed. City Clerk Balkus read by title: RESOLUTION NO. 77-66, ORDERING THE VACATION OF A CERTAIN STREET EASEMENT BETWEEN FRANCIS AVENUE AND TRACY STREET 77-V-3) WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 77-66. M/S/C: AGUILAR/BLEWETT. There were no objections. 00- It was the time and place fixed for a public hearing on Vacation of Street Right-of-Way BaUentine Place 77-V-2). Publication and postings had been accomplished. There were no written protests. Acting Director of Public Works Sexton said this future street easement between Alderson and Downing and Los Angeles Street and dark Street had been dedicated 15 to 20 years ago, but that the public had no need for the easement. He recommended that the Council order the street vacation and certify the Negative Declaration of Environmental Impact. He stated that the City Attorney had requested that the wording, all legal requirements have been met," be added at the end of the second paragraph in the Resolution. Mayor Waldo declared the public hearing open. As there was no testimony in behalf or in opposition to Vacation of Street Right-of-way Batlentine Place 77-V-2), Mayor Waldo declared the public hearing closed. City Clerk Balkus read by title: RESOLUTION NO. 77-67, ORDERING THE VACATION OF THAT CERTAIN STREET EASEMENT BETWEEN ALDERSON AVENUE AND DOWNING AVENUE AND CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT 77-V-2) WAIVE FURTHER READING AND ADOPT RES. NO. 77-67. M/S/C: HAMILTON/AGUILAR. There were no objections. 00- August 18, 1977 Page 3 PUBLIC HEARING OPENED PUBLIC HEARING CLOSED RES. NO. 77-66, ORDERING VACATION OF EASEMENT BETWEEN FRANCIS AVE. & TRACY ST. 77-V-3) RES. NO. 77-66 ADOPTED PUBLIC HEARING VACATION OF ST, RIGHT-OF-WAY BALLENTINE PL. 77-V-2) PUBLICATION & POSTINGS NO WRITTEN PROTESTS RESUME PUBLIC HEARING OPENED PUBLIC HEARING CLOSED RES. NO. 77-67 ORDERING VACATION OF EASEMENT BTWN. ALDERSON AVE. & DOWNING AVE. & CERTIFYING NEGA- TIVE DECLARATION OF ENVIRONMENTAL IMPACT 77-V-2) RES. NO. 77-67 ADOPTED BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµRegular Meeting of the Baldwin Park City Council It was the time and place fixed for a public hearing on Public Nuisance Case No. 77-W-88 Confirming Cost 4137 Maine Avenue Proper postings and mailings had been accomplished. There were no written protests. Acting Director of Public Works Sexton stated that the property owner had failed to abate the nuisance and the City had abated the nuisance at a cost of $230.00, which included $30.00 administrative charge. Mayor Waldo declared the public hearing open. As there was no testimony in behalf or in opposition to Public Nuisance 77-W-88, Mayor Waldo declared the public hearing dosed. City Clerk Balkus read by title: RESOLUTION NO. 77-68, CONFIRMING THE CITY MANAGER'S REPORTS REGARDING CERTAIN SPECIAL ASSESSMENTS CASE NO. 77-W-88 August 18, 1977 Page 4 PUBLIC HEARING PUBLIC NUISANCE CASE NO. 77-W-88 CONFIRMING COST 4137 MAINE AVE. POSTINGS & MAILINGS NO WRITTEN PROTESTS RESUME PUBLIC HEARING OPENED PUBLIC HEARING CLOSED RES. NO. 77-68 CONFIRMING C.M.'S REPORTS REGARDING CERTAIN SPECIAL ASSESSMENTS CASE NO. 77-W-88 WAIVE FURTHER READING AND ADOPT RES. NO. 77-68. M/S/C: AGUILAR/BLEWETT. There were no objections. 00- City Clerk Balkus read in full a letter from Thomas Ktein, City Representative to the Baldwin Park Service Council, inviting all City Councitmen and Commissioners to attend the Housing Advisory Commission August 22, 1977 at 7:00 P.M. at the Baldwin Park Library. He said he would be present- ing a summary of current developments relating to housing for the aged in Baldwin Park. Letter in official files.) 00- Acting City Manager Sexton asked for action to designate a survey area in the Puente-Merced/ South Baldwin Park Redevelopment Project area. Sufficient information relative to the Resolution had been received at tonight's Agency meeting. City Clerk Balkus read by title: RESOLUTION NO. 77-69, DESIGNATING A SURVEY AREA AND DIRECTING FEASIBILITY STUDIES WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 77-69. M/S: KITCHEL/AGUILAR. Councilman Blewett stated that he was in favor of setting the survey area but was opposed to the expenditure of $50,000 unfit after the litigation was settled in court. Rot1 Cat 1. Ayes: KITCHEL/AGUILAR/HAMILTON/WALDO, Noes: BLEWETT. The motion carried. 00- RES. NO. ADOPTED 77-68 WRITTEN COMMUN. TOM KLEIN RE INVITATION TO HOUSING ADVISORY COMMISSION MEET- ING 8/22/77 RE HOUSING FOR AGED RES. NO. 77-69 DESIGNATING SURVEY AREA & DIRECTING FEASI BILITY STUDIES RES. NO. 77-69 ADOPTED MOTION CARRIED BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµRegular Meeting of the Baldwin Park City Council Acting City Manager Sexton stated it was necessary to open the escrow and execute the grant deeds to convey certain lands within the project area of Sixpence Inns. He said these lands were owned by the City and would be sold at fair market value. AUTHORIZE OPENING OF ESCROW AND EXECUTION OF GRANT DEEDS TO SIXPENCE INNS FOR LAND IN PROJECT AREA. M/S/C: AGUILAR/BLEWETT. Roll Call. There were no objections. 00- Director of Finance Hatloway referred to two Resolutions relative to the City property tax for the next fiscal year. He stated the general fund property tax had been reduced 5(£ from $1.22 per $100 to $1.17, but recommended that the property tax for the lighting district remain the same, 0.2889. as last year the City was in deficit of over $6,000. City Clerk Batkus read by title: RESOLUTION NO. 77-70, FIXING THE RATE OF TAXES AND LEVYING TAXES FOR THE FISCAL YEAR COMMENCING JULY 1, 1977 WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 77-70. M/S/C: BLEWETT/KITCHEL. Ro11 Call. There were no objections. City Clerk Batkus read by title: RESOLUTION NO. 77-71, FIXING THE AMOUNT OF MONEY NECESSARY TO BE RAISED BY TAXATION FOR THE FIXCAL YEAR COMMENCING JULY 1, 1977 WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 77-71. M/S: BLEWETT/KITCHEL. Councilman Btewett stated that the tax rate could have been set about a dime lower, if the Council had accepted the recommendations that he and Councilman Hamilton had made to decrease expend- itures during the budget sessions. Roil Call. There were no objections. The motion carried. 00- Councilman Btewett stated that he had requested that City Clerk Balkus bring forward Resolutions to set the recall election. He said the Superior Court today had mandated that the recall election be set and that the earliest possible date would be November 8, 1977. City Clerk Balkus read the Resolution by title and stated that two Resolutions would be necessary, one for Mayor Waldo and one for Councilman Kitchet, with another Resolution required to ask for County services. Councilman Btewett requested that Mrs. Balkus set the recall election for Mayor Waldo for November 8, 1977. RESOLUTION NO. 77-72, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE EIGHTH DAY OF NOVEMBER, 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 MAYOR WALDO) continued) August 18, 1977 Page 5 SIXPENCE INNS NEGOTIATIONS AUTH. OPENING OF ESCROW & EXECUTION OF GRANT DEEDS TO SIXPENCE INNS FOR LAND IN PROJ. AREA RES. NO. 77-70 FIXING TAX RATE FOR FY COMMENCING 7/1/77 RES. NO. 77-70 ADOPTED RES. NO. 77-71 FIX- ING AMOUNT TO BE RAISED BY TAXATION FOR FY COMMENCING 7/1/77 RES. NO. 77-71 ADOPTED MOTION CARRIED RECALL RESOLUTIONS RES. NO. 77-72, CALL- ING & GIVING NOTICE OF SPEC. MUNICIPAL ELECTION TUES., 11/8/77, QUESTION OF RECALL OF OFFICER & OF FILLING THE VACANCY MAYOR WALDO) BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµ Regular Meeting of the Baldwin Park City Council August 18, 1977 Page 6 Mayor Waldo stated that he wanted to speak to his attorney first to see what his rights were. Mrs. Batkus said that the earliest date for an election, by setting it today, would be November 8, with the latest date being December 27, 1977. Councilman Btewett said it would not be a good Christmas present to put the people through an election at Christmas time. He didn't want separate elections and wanted to make the same motion for the same date for Councilman Kitchel. Councilman Kitchel said he had stated that whatever the court ruled would be the decision he would settle with and that personally he would set his recall election tonight; however, if Mayor Waldo wished to speak to his attorney, he did not want to take action against him by setting an election tonight. Assistant Acting City Attorney McEwen stated that Judge De11 had ruled this morning that the recall statute was constitutional, but had indicated that he hoped the case would be appealed. He had said he would like to see a decision in black and white on this important issue that affected encumbents state wide. He had mandated that the election be set by September 2, 1977. Councilman Hamilton said he preferred that the election be held in November rather than December. Mr. McEwen said if the election was not set until September 2, the earliest date would be November 22, 1977. Councilman Btewett said that he wanted to get on with the will of the people, which was to have an election. Ro11 Call. Ayes: BLEWETT/HAMILTON. Noes: AGUILAR/KITCHEL/WALDO. The motion did not carry. Councilman Aguitar suggested holding the election December 27. Councilman Kitchel said it was going to be a hard and rigorous campaign. He would be very busy in December and preferred that the election be the latter part of November. Discussion followed regarding setting the recall election date. Mr. McEwen stated that they should both be set for the same date. He said the decision could be delayed until the September 1 City Council meeting and set on that date. Mayor Waldo stated that he believed his rights were being violated and he wanted to see what he could do about that. He said Mr. KitcheTs rights were being violated and if it were within his power, he would help him, if he wanted his help. He did not think an elected citizen should be any less of a citizen than a person who wasn't elected, and that they a11 had the same rights. He continued) RES. NO. 77-72 MOTION DID NOT CARRY BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµ Regular Meeting of the Baldwin Park City Council stated that he Hked a good election campaign. He said that when one of his rights was being taken away, it was being taken away from each and every one of us. August 18, 1977 Page 7 Councilman Blewett said that Mayor Waldo was trying to take away the people's rights to recall him and he had tried for over a year to take that right away from them. He stated that Mayor Waldo's attorney had had the stipulation that he could have seen the petition signatures for the past three months, but that he had avoided that right to avoid an election. He said, let's get on with the election and let the people have their say instead of the politicians. Councilman Hamilton requested that the elections be set together to avoid further expense. City Clerk Balkus read by title: RESOLUTION NO. 77-72, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE TWENTY-SECOND DAY OF NOVEMBER, 1977, FOR THE SUBMISSION 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 COUNCILMAN KITCHEL) WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 77-72. M: AGUILAR. The motion died for lack of a second. Councilman Btewett said he could not vote for an election that would cost every person one penny on their tax rate. He wanted to set one election for two people rather than two elections for two people, at a rate of $5000 to $7000 per election. 00- Acting City Manager Sexton stated that at the last Council Meeting the Council had been advised that reports had been received from the Advisory Commissions and would form the basis for each commission structure, its composition, qualifications and tenure. Some of the Council had indicated that they would like to have study sessions with the Commissions and receive those reports so that the elements and progress made during their existence could be discussed. He recommended that the Council set some dates that they would be available to meet with the Commissions so that the meetings could be set up accordingly. He stated that they could contact each Advisory Commission and ascertain acceptable times and come back with acceptable dates on all of them. 00- RES. NO. 77-72, CALLING & GIVING NOTICE OF HOLDING OF SPEC. MUNIC. ELECTION ON TUES. 11/22/77 FOR SUB- MISSION TO VOTERS THE QUESTION OF RECALL & OF FILL- ING VACANCY IF RECALL PREVAILS C. KITCHEL RES. NO. 77-72 MOTION DIED REPORT ON COMMISSIONS BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµRegular Meeting of the Baldwin Park City Council Acting City Manager Sexton said the Inter-Community Improvement Society had submitted a proposal for funding and that a contract was being undertaken by the City Attorney and staff office, hopefully to be brought back to the next meeting. Councilman Hamilton stated that he was reluctant to take the taxpayers money for this when federal grants were available, although he thought on-the job training was the way to go. Councilman Aguilar said there were always grants for people on welfare, but none for the middle class. Inter-Community was asking for start money and it seemed that everybody was waiting for somebody else first. Mayor Waldo said that Inter-Community had a terrific program. They wanted the money to come from the private sector and had talked to a local bank who was interested, but first wanted to see the program initiated and moving. He said that it was only right that the Council giv^ them the start they need, since they will be operating in Baldwin Park and paying up to $1.50 toward a man's salary while he is being trained at not less than $3.00 per hour. They will check with the employer once a week on progress and the man would be terminated if he didn't want to work, and a new person would be brought in. He said it would teach them a profession and he agreed with the concept wholeheartedly and wanted the Council to act on the contract when they get it. Councilman Blewett said the Council had gone on record in support of the concept of the Inter-Community Improvement Society, but that their tentative budget had had a 33% or above administrative cost and he could not support that. He said he didn't feel their motivation was a11 that altruistic. He referred to the REAC manpower program and said that they get the most out of the dollar and that that was what the Council should demand. He was not in favor of their using money in their program for public relations. He said he wanted to see a workable budget. Mayor Waldo said that would a11 be in the contract and that they would not want to fund it unfit they got the budget. Councilman Aguitar said that John Rousselot had stated that every job that paid $10,000 per man per year cost the federal government and the taxpayer $100,000. Here they were asking for $50,000 for 300 jobs per year and they needed money to get started. Councilman Kitchet agreed that they had to see a contract first and then start negotiating for an amount. Mr. Sexton said they would attempt to get all questions answered and report back with a contract at the next Council Meeting. Mayor Waldo asked if the Council could receive a copy of the contract a week before the Council Meeting, in order to have time to study it. continued) August 18, 1977 Page 8 INTER-COMMUNITY IMPROVEMENT SOCIETY BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµ 1977 08 18 CC MIN(ÌìÌµ Regular Meeting of the Baldwin Park City Council Director of Planning Kilgour stated that at the last meeting Council had directed the Staff to prepare Mobile Home Park Guidelines, He said guidelines prepared by the Planning Commission a number of years ago had been reviewed and updated by the Planning Commission at their last meeting. He said the Council could either adopt them as guidelines or the Planning Commission could be directed to set public hearings and recommend an Ordinance establishing the guidelines. August 18. 1977 Page 10 MOBILE HOME PARK GUIDELINES Councilman Kitchel stated that he was the one who had initially expressed scepticism at more mobile home parks in Baldwin Park without certain guidelines for performance. He felt that the guidelines should be taken further and established as an Ordinance which would be on the books and couldn't be waivered. The effectiveness of guidelines might become meaningless. DIRECT PLANNING COMMISSION TO SET PUBLIC HEARING SO THAT MOBILE PARK GUIDELINES CAN BE ADOPTED BY ORDINANCE. M/S: KITCHEL/AGUILAR. Councilman Blewett stated he would like to see some expeditious handling of the Mamone case that had been before the Council. He asked if these regulations would specifically exclude that project. Assistant Acting City Attorney stated that there were some provisions dealing with modifications wtrich they had already been issued. They hadn't undertaken development under the Conditional Use Permit. He said the question was whether the adoption of an Ordinance which would oppose these kinds of restrictions would affect their Conditional Use Permit and that he was not prepared to give a firm opinion. He confirmed that he was aware that the Mamone*s had been held up from getting permits on their project. Councilman Blewett stated that the Mamome's had made financial commitments and that in his opinion they would have the basis of a lawsuit. He suggested lifting the Ordinance to allow the development of their Mobile Home Park. He asked Mr. Kilgour if they conformed to the standards. Mr. Kilgour said that they did in everything but the lot size. Their property was not five acres as required. Councilman Blewett said he agreed with Councilman Kitchel on trailer parks, but that he thought that every mobile home park that had been built since the City became a City had been a credit to the City. He asked if the density factor had been lowered. Mr. Kilgour said they were no more than the standard. They were around seven dwellings to the acre, which was comparable to a single family residential density and was much less than in a trailer park, continued) DIRECT PLANNING COMMISSION TO SET PUBLIC HEARING BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµRegular Meeting of the Baldwin Park City Council August 18, 1977 Page 11 Councilman Blewett said he felt there was a moral commitment by the City to allow the Mamone's to proceed with their development and it would be an improvement that would be paying some taxes. He said someone had indicated at the last meeting that houses could be built there, but that he thought only one or two dwelling units could be there because of the configuration of the property. Mr. Kilgour said the Planning Commission meeting would be September 14, with the City Council meeting on September 15, and that he would prefer to have until the fifth week of September for the public hearing. Councilman Btewett asked what happened when Mamone's had an approved Conditional Use Permit, but a site size which was smaller than the minimum in the new proposed Ordinance. Mr. McEwen said the question was whether the new Ordinance would automatically modify the Conditional Use Permit or whether they would be required to go back through proceedings provided for in the Municipal Code for the modification of the Conditional Use Permit. He would have to research this before he could inform the Council. Roll Call. Ayes: KITCHEL/AGUILAR/HAMILTON/WALDO. Noes: BLEWETT. The motion carried. 00- Mayor Waldo declared a brief recess at 9:13 P.M. 00- AT 9:25 P.M. the City Council meeting reconvened. The roll ca11 was the same as at the beginning of the meeting, with Acting City Attorney Ritchie also present. Mayor Waldo potted the Council regarding whether to hold Oral Communications before Councilman Blewett's public hearing or not. The decision was to follow the normal order of the agenda and hold the public hearing first. 00- Councitman Kitchet stated that this Council hadn't looked into facilities for the handicapped in Baldwin Park. He said he wanted to direct Staff to report back as quickly as possible the facilities that witt be provided for the handicapped in the new City Halt, Community Center and restaur- ants throughout the City and what course of action the Council could take to provide these facilities. 00- It was the time and place fixed for a public hearing on Residency Qualifications Councilman Russell E. Blewett. Publication and mailing had been accomplished. There were no written protests. Acting City Attorney Ritchie said that the purpose of the hearing was a previous Council action to investigate the qualifications of continued) MOTION CARRIED 9:13 P.M. RECESS 9:25 P.M. MEETING RECONVENED DIRECT STAFF TO REPORT TO COUNCIL RE FACILITIES FQR HANDICAPPED PUBLIC HEARING RESIDENCY QUALIFI- CATIONS, C. RUSSELL E. BLEWETT PUB. & MAILING NO WRITTEN PROTESTS ACTING CITY ATTY. RITCHIE, REPRESENT- CITY COUNCIL BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµRegular Meeting of the Baldwin Park City Council August 18, 1977 Page 12 Councilman Blewett to sit on the City Council in view of reports that he had moved his residence out of Baldwin Park. He cited Government Code Sections 36502, 36512 and 244 and said Judge Dell had ruled that the City Council did have jurisdiction in the matter. He outlined the procedure for conducting the hearing. Councilman Blewett was present and represented by his attorney, Robert Flandrick, who was also present. The hearing was to determine the councitmanic qualifications of Russell E. Btewett, that was limited to his qualifications with respect to his residence and not to a11 the other testimonials that might be offered on his behalf or. talk to the contrary. On July 7th, the City Council had author- ized him to conduct and investigation on behalf of the City of the qualifications of Councilman Blewett, and as a result of that investigation they had dis- covered a number of facts that were relevant to the inquiry of the City Council and that it was recommended that the most orderly procedure for presenting a11 those facts to the Council would be to permit them to present the evidence they have. Councilman Blewett would then be given the opportunity to present the evidence he desired, including the calling of any witnesses. He said they had taken some depositions and obtained other documentary evidence which they would offer in an effort to keep the testimony and cross examination in the hearing to a minimum. This was tike any other legislative proceeding in which you want to discover facts sufficient to take legislative action, and it was not required that it a11 be by sworn testimony. He said if Councilman Blewett had affidavits or documents he wanted to present, they could be admitted, as well as anything that was going to be presented by his office as a result of the in- vestigation that was held. The Council could evaluate all the evidence and judge which of it was reliable and which was not. Testimony and evidence should be factual, witnesses should be sworn. He said at the conclusion of the testimony the Council should make specific findings of fact and based on those findings determine whether Council- man Blewett is a resident of Baldwin Park or whether he had moved his place of residence outside of the City and if so, the date upon which he moved his residence, if it can be established precisely. They would provide the Council with proposed findings of fact and Councilman Blewett would also be permitted to present such findings of fact. All deliberations by the Council must be in public session and if it was the decision of the Council that there was a vacancy and that the Councilman was not a resident or at least gave up his residence by a union of act and intent, the City Council would fi11 that vacancy by appointment or calling an election. He said he would advise the Council if they got to that point of the proceedings. He asked Mr. Ftandrick if there was something he wished to say before he called upon Mr. MeEwen to present evidence. Robert Flandrick. 707 Witshire Blvd., Suite 3300. Los Angeles, attorney representing Councilman Blewett. stated that Mr. Ritchie's office had provided a court reporter. He stated his objections to the City Council proceeding as he did not feel the City Council had jurisdiction to hear the matter as it was a matter of law. He asked that the Council act upon that objection. Continued) ATTORNEY ROBERT FLANDRICK. REPRE- SENTING COUNCIL- MAN BLEWETT OBJECTION TO C.C. PROCEEDING BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµRegular Meeting of the Baldwin Park City Council Mr. Ritchie advised the City Council to proceed. He said that was the effect of the decision of the Superior Court that they had the right to proceed with the case. Mr. Flandrick made an objection to the proceedings insofar as the participation of Mayor Waldo, Councitmen Kitchel and Aguilar, as he said each individual had expressed personal bias and prejudice against Mr. Blewett and had, in his opinion, pre- judged the case so that he could not obtain a fair and impartial hearing. He indicated, for the record, that pleadings and other documents and affidavits, press clippings, etc. that he had referred to as expressing personal bias and prejudice were those which had been filed or appeared in the various depositions to which Mr. Ritchie had made reference. Mr. Ritchie responded that this same argument had been made in Superior Court and had not been successful in convincing the court that the hearing should not proceed. He said the Rule of Necessity in the state required that if three members of the City Council should be disqualified, the City Council could not act because there would not be a quorum to act. He said that it was his opinion that it was a judgment vested in the City Council and no other body and that the City Council must act whether or not there was such bias. He advised that the City Council may proceed with the hearing and that each member of the City Council may participate in it, with respect to the objections made by Mr. Flandrick. He stated that the Council should state any other grounds of disqualification they might have. He had not been advised of any. He confirmed that Mr. Ftandrick's objection had been overruled. Mr. Flandrick stated he and Councilman Btewett had not been informed of any of the written material that Mr. Ritchie had referred to and that if there was to be documentary evidence admitted or witnesses called and worn to present evidence, he felt that they were entitled as a matter of law to be advised in advance of the hearing of what the written material consisted of and a list of the witnesses with a brief summary of their testimony. He said that on that basis he requested that the hearing be continued until Mr. Ritchie could serve these documents. Mr. Ritchie said there had been no request for this information or they would have accommodated Mr. Ftandrick. He stated there was no right under the law for him to be given such material in advance; this was not a formal proceeding required by law. The proceeding was just for the City Council to satisfy itself that there was a vacancy and then to appoint to fill it. It was just a legislative, fact-finding hearing with no formality that required the advance service of expected testimony. He advised the City Council to proceed with the hearing and overrule the objection. Continued) August 18. 1977 Page 13 A.C.A. RITCHIE OVERRULED OBJECTION ATTORNEY FLANDRICK OBJECTION TO PARTICIPATION OF MAYOR WALDO, C. KITCHEL & AGUILAR ATTORNEY FLANDRICK NO WRITTEN MATERIAL OR LIST OF WITNESSES RECEIVED; CONTINUANCE REQUESTED BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµRegular Meeting of the Baldwin Park City Council Mr. Flandrick said they would proceed with participation in the hearing after having made their objections. He referred to page 2 and the top of page 3 of the August 17 document Mr. Ritchie had referred to earlier as a para- phrase of Section 244 of the Government Code as a good starting place for the definition of residence or domicile. He said he wanted to make a brief comment in addition to that; the question of domicile or residence, two terms for the purpose tonight being synonomous, had best been described in an Appellate Court decision which he quoted: change of domicile depends upon union of actual change of residence and an intention to remain in the new location permanently or for an indefinite period of time." He said other legal authorities had been cited and continued with the quote," one's prior domicile continues until he acquires a new one." He stated this might put Mr, Ritchie's application of Section 244 in better perspective. He stated that any determination made must be based upon evidence which establishes the factors referred to in the paraphrase of Section 244 and the quotations from the case he had just presented. He said Mr. Btewett was the only witness he proposed to call and swear. Mr. Ritchie stated that Assistant Acting City Attorney McEwen would present the evidence assembled on behalf of the City as ordered by the City Council. Mr. McEwen said he would distribute copies of documents he planned to present to the Council and to Mr. Flandrick as he went along. He said that Section 244 of the Government Code as set out on the memorandum on page 2 was an exact quote and not a paraphrase, but that it did delete Sections D, E and G because they were not relevant. He stated that a union of act and intent must be established. Mr. McEwen presented the following City Exhibits: I Minutes of January 6, 1977 City Council Meeting, indicating that Councilman Btewett announced that he was putting his house up for sale and moving to San Bernardino County and resigning from the City Council to move where his business was located. II Certified copy of Verbatim Transcript of Statement by Councilman Btewett at January 6, 1977 City Council Meeting III Document of Stipulation entered into between offices of Mr. Ritchie and Mr. Flandrick IIIA Loan Application Form, Pomona First Federal Savings and Loan Association IV Deed of Trust V Individual Grant Deed Mr. Flandrick stated he had no objection to the admission in evidence of Exhibits I, II, III and IIIA, but that he objected to Exhibits IV and V on the grounds of relevancy. He said he could not identify what they were except that Exhibit IV was a Deed of Trust and Exhibit V an individual Grant Deed, relating to real property located in San Bernardino County. Mr. McEwen proceeded with the explanation of the Deed of Trust and the Individual Grant Deed August 18, 1977 Page 14 COPIES OF DOCUMENTS DISTRIBUTED ATTY. FLANDRICK OBJECTION TO CITY EXHIBITS IV AND V BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµRegular Meeting of the Baldwin Park City Council August 18, 1977 Page 15 rptabive to property it 2305 Redding Way, Upland, Calif-omit). The1 dou.imonts worcj offcrpd lu show that Mr. Blowctt had purchitscd 1 hoir>(-1 lucdt^d at W.) Keddirnj Way in Upland. Mr. Flandrick said his objection as stated was on the grounds of relevancy and basis of foundation He said if Mr. McEwen would become a witness in this proceeding, take the Oath and testify, he would cross examine him. He asked that they strike and disregard his remark concerning any structure that may or may not be located on this property He said there is yet any evidence to be introduced that there was anything located on the property. Mr. Ritchie said the two documents tend to show that a piece of property was purchased and a mortgage placed upon it by Russell Blewett; that the documents were recorded June 24, 1977; and the property was located at 2305 Redding way in Upland. He saw no reason for not accepting it for the purpose of demonstrating that property had been purchased in Upland. Mr. McEwen distributed City Exhibits: OBJECTION RE-STATED A.C.A. RITCHIE ACCEPT TWO DOCUMENTS AS EVIDENCE VI Copy of Escrow Instructions, transferring title of property at 3562 Baldwin Park Blvd. to Camito Gutierrez and Teresita L. Fabie, February 23, 1977 VII Copy of Escrow Instructions escrow for selling property Walnut, Baldwin 1977 Park, dated opening at 4648 M^rch 7, Mr. Flandrick objected to the introduction of City Exhibits VI and VII on the grounds of relevancy. He said there was no foundation laid indicating whether those were signatures of persons they purport to be. He questioned how the documents were obtained as they were confidential financial documents. He stated he was again objecting to Mr. McEwen testifying relative to the documents or signatures without being sworn or being a witness; he was an advocate and should remain in that status. Mr, McEwen stated the documents were obtained pursuant to subpoenas issued by the City Council in its direction July 7, 1977. The President of South Hills Escrow had indicated, under penalty of perjury, that the copies were true and exact copies of the originals of these documents. Mr. Ritchie said the Council must satisfy itself of the reasonable reliability of the evidence. He stated he thought the documents were admissabte and that if the Council felt they had to have the original documents, then they could ask for further efforts to obtain the originals. He said he had noted that there was talk of fire insurance which was not necessary on a vacant lot. Mr. McEwen said that the fact that they were being financed through FHA loans also indicated that they were for residential purposes. He confirmed that he had other evidence toward whether there was a house on the property or whether it was lived in. continued) ATTY. FLANDRICK OBJECTION TO CITY EXHIBITS VI & VII & ON MIS- CONDUCT OF COUNCIL OBJECTION TO ACCEPTING COPIES OF EXHIBITS VI & VII OVERRULED BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµRegular Meeting of the Baldwin Park City Council VIII Certified copy of Application of Water, Sewer and Refuse Service at 2305 Redding Way in Upland Applicant Russell Blewett; dated June 16, 1977 Mr. Flandrick asked that City Exhibit VIII be withheld as evidence pending testimony from Mr. Blewett. Mr. Ritchie suggested that it be accepted in evidence and that if testimony of Mr. Blewett required that it be stricken, a motion to do so could be made at that time. Mr. Flandrick agreed. IX Affidavit of Custodian of Records for Southern California Edison Company Turn-On Record at 2305 Redding Way, Upland Applicant: Russell Blewett effective March 25, and Log with name Russet 1 Blewett and service address 2305 Redding Way, Upland, California Mr. Flandrick objected to City Exhibit IX on the same grounds previously used. He said there was no connection with Mr. Blewett. He could not identify the second item. Mr. Ritchie agreed that the second item did not add anything to the first part, as it was not clear what it was; however, the cover letter showed that Russell Blewett's name was one of their customers at 2305 Redding Way, and taken with the other showed that he was being billed for service by the Edison Co. It could be admitted for the limited purpose of showing that Edison Co. was rendering service to that address. August 18, 1977 Page 16 CITY EXHIBIT VIII APPLICATION OF WATER, SEWER & REFUSE SERVICE 2305 BEDDING WAY ATTY. FLANDRICK OBJECTION TO CITY EXHIBIT VIII CITY EXHIBIT IX AFFIDAVIT OF CUSTODIAN OF RECORDS SO. CAL. EDISON CO. ATTY. FLANDRICK OBJECTION TO CITY EXHIBIT IX A.C.A. RITCHIE ADMIT SECOND ITEM FOR LIMITED PURPOSE OBJECTION OVERRULED X Declaration of Custodian of Records to accompany copies of Records mailed or delivered in compliance with subpoena Duces Tecum General Telephone Company, California Mr- Flandrick said he objected to Exhibit X on the same grounds as earlier stated on Exhibits VIII and IX. Mr. Ritchie said he gathered that the Exhibit purported to be a record of the goings and comings of telephones. He referred to installa- tions of telephones and tines to A-Economy Answering Service in Covina, as listed on the records. Mr. McEwen stated the records were offered to demonstrate that Mr. Blewett, whose name the service was in, had had his telephone service moved to an answering service in Covina June 16 and later moved back into Baldwin Park on July 20 to 3529 Baldwin Park Blvd. Mr. Flandrick again stated that he objected strenuously to Mr. Ritchie and Mr. McEwen testifying without being under Oath and continued) CITY EXHIBIT X DECLARATION OF CUSTODIAN OF RECORDS GENERAL TELE. CO. ATTY. FLANDRICK OBJECTION TO EXHIBIT X ATTY. FLANDRICK OBJECTION TO TESTI- MONY OF MR. RITCHIE & MR. MC EWEN BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµRegular Meeting of the Baldwin Park City Council said that Mr. Ritchie was not an expert on the practices of the Telephone Company. Mr. Ritchie stated that he thought the record speaks for itself and was admissable for the purpose of the City Council drawing its own conclusions of what the history of the telephone adds to the question of whether Mr. Blewett moved from Baldwin Park and then moved back in. He said he would withdraw comments he had made about the telephone company removing instruments, as he didn't know what they did and hadn't in- tended it as evidence. He stated he had not been testifying as to whether or not the instrument had been moved. Mr. Flandrick referred to City Exhibit XI, and said he strenuously objected to the introduction of only 9 pages, as it was only a partial deposition. Mr. McEwen stated that the balance of the deposition was a long series of questions by Mr. Flandrick to Miss Hammond showing that perhaps Miss Hammond did not hear everything when she testified on her telephone interview with Mr. Blewett. He had also not excerpted his own additional questions. He agreed to introduce the entire deposition. There were not enough copies of it, but a copy was available. It was established that the exhibits presented were as follows: XI Excerpt of Deposition of Judy Hammond through page 9) XII Deposition of Judy Hammond in full) XIII Deposition of Russell E. Blewett partial) Mr. Flandrick said he objected to Exhibit XI on the grounds stated, but that there was no objection to Exhibit XII, the full deposition. Members of the Council did not have copies, but Mr, McEwen had a single copy which he had said could be reviewed. He said he recommended that all Council members review it; otherwise, it was not evidence in the case. The additional zeroxed copies. Exhibit XII, were combined with Exhibit XI, and it was decided to entitle the fu11 deposition of Judy Hammond Exhibit XI. Councilman Blewett stated his objection that all the evidence against him was called relevant and that which might do something for him was irrelevant. He said it wasn't right to have the two City Attorneys acting as the prosecutor and judge, with the three Councilmen as executioners Mr. Ritchie stated that the purpose of the investi- gation was to give any evidence to the Council which they felt was pertinent to the question of whether he had moved out of the City and lost his right to remain on the City Council. They had not brought in all evidence and other portions of Depositions taken which were not relevant, in their opinion. He said Councilman Blewett1s attorney had these documents available and would have the opportunity to bring any relevant material before the Council. continued) August 18, 1977 Page 17 OBJECTION OVERRULED ATTY. FLANDRICK OBJECTION OF PARTIAL DEPOSITION ON CITY EXHIBIT XI CITY EXHIBIT XI FULL DEPOSITION OF JUDY HAMMOND BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµRegular Meeting of the Baldwin Park City Council August 18, 1977 Page 1 8 Councilman Utewett stated that, all the evidence presented had been negative, while there were* several things in the Depositions which indicated very strongly that he was a resident of the community that were conspicuously absent. Mr. Ritchie said that if Councilman Blewett's attorney had positive evidence, he was capable enough to get it before the Council. He did not feel they had excluded evidence that would be helpful to the Council in making their decision. It was confirmed that a11 members of the City Council had received copies of the full Deposition of Judy Hammond, City Exhibit XI. Mr. Flandrick withdrew a11 objections to Exhibit XI. ATTY. FLANDRICK WITHDREW OBJECTION TO EXHIBIT XI Mr. McEwen referred to certain testimony given by Miss Hammond during the taking of her deposition August 1, 1977, at which Mr. Ftandn'ck was present. He discussed parts of the deposition relative to her newspaper article which appeared behind page 39 in her deposition and called Council's attention to the questions and answers contained on pages 6 through 9, 36, 37, 40, and 41. There was a brief recess as Councilman Aguitar left the Council Chambers at 10:40 P.M. and returned at 10:43 P.M Mr. McEwen distributed the fu11 Deposition of Russell E. Btewett, together with Exhibits. BRIEF RECESS XII Deposition of Russet! E. Btewett Mr. Flandrick said he had no objection to the introduction of the fu11 Deposition of Russet! E. Blewett, together with the Exhibits He stated that they were a11 out of order now that they were distributed in two parts. Mr, McEwen referred to pages 4 and 6 of the Deposition, referring to the sale of the house located at 3562 Baldwin Park Blvd. and to pages 16, 17, 18 relative to questions on telephone, insurance and household furniture at 2305 Redding Way. He discussed questions on pages 35, 6, 37, 40, 41 and 45 directed to Councilman Btewett in his deposi- tion and the answers he had given. Mr. McEwen distributed a fu11 and complete copy of Exhibit XIII: XIII Deposition of John Elmer Btewett Mr. McEwen referred to testimony on page 12 and 13 relative to the residence and work location of Judy Ann Moody and on page 14 relative to whether Councilman Blewett had intended to make the house in Upland his permanent residence. He said he had no further documentary evidence to present and no witnesses to ca11. continued) CITY EXHIBIT XII DEPOSITION OF RUSSELL E. BLEWETT NO OBJECTION TO CITY EXHIBIT XII CITY EXHIBIT XIII DEPOSITION OF JOHN ELMER BLEWETT BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµRegular Meeting of the Baldwin Park City Council Mr. Flandrick requested that Mr. McEwen supply the Council with copies of Depositions to be marked XIV and XV taken on August 1, 1977 by him and by Mr. Flandrick from two neighbors next to the property at 2305 Redding Way. Their testimony had clearly indicated that Mr. Blewett did not reside at 2305 Redding Way. He stated that if this request to supply copies of the two depositions was not accept- able, he would renew his request for a contin- uance so that he might present the two depositions the Council. Ritchie suggested that the Council proceed th the rest of the hearing and then let em decide whether the depositions were cessary before they could render a decision. Mr. McEwen said the two gentlemen did not testify that Councilman Blewett was not a resident at 2305 Redding Way. He said Dominic Crea had said he didn't know Mr. Blewett, had never talked to Mr. Blewett and had no personal knowledge of what was going on. He said Mr. Shepard had had a conversation with Mr. Blewett dealing with past business matters and church association. He had indicated that he and Mr. Blewett had not discussed Mr. Blewett moving into that property. Mr. Flandrick said it would be nice to have the depositions there to look at but that he would accept Mr. Ritchie's suggestion to proceed with Mr. Blewett1s testimony. Mayor Waldo asked which attorney's responsibility it was to bring a copy of the depositions. Mr. Ritchie said this was not a typical court proceeding but that Mr. McEwen had been charged with the responsibility of determining whether Mr. Blewett had moved from Baldwin Park and lost his seat on the Council or not. He had taken depositions and gotten other information and made a judgement from the evidence tfch he could obtain as to whether there a basis for proceeding with the hearing. said he assumed that from the evidence *re was a basis for proceeding with the iring and that the evidence did in fact port that finding. He said he assumed iat Mr. McEwen was here to present the evidence he had discovered which pointed to the conclusion that Mr. Blewett had moved. He said Mr. McEwen apparently also had the opinion that there was no evidence there on the two depositions to support one decision or the other and therefore did not feel that he should bring it. He stated if they wanted to be strict about what evidence is supposed to be in the record, the burden was on Mr. Flandrick. Mr. Flandrick said he would defer for the moment the question of the deposition of Mr. Crea and Mr. Shepard. continued) August 18» 1977 Page 19 BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµRegular Meeting of the Baldwin Park City Council City Clerk Batkus administered the Oath to Councilman Blewett. Mr. Ftandrick proceeded with the oral testimony of Councilman Blewett after Mr. McEwen clarified the difference between residence and domide and said to stay with the definition of residence set forth in Government Code Section 244. Complete testimony in Court Reporter Transcript) At 11:30 P.M. Mayor Waldo declared a brief recess. At 11:41 P.M. the City Council reconvened. Ro11 Ca11 was the same as before. Oral testimony of Councilman Blewett continued. Mr. Flandrick stated he had no further evidence to present. He said he wished to renew his request for the Depositions of Mr. Crea and Mr. Shepard. Mr. McEwen had copies here and if there weren't sufficient copies he would ask permission for Mr. McEwen to make copies of the two Depositions for the Council or he himself would copy them tomorrow. Mr. Ritchie stated that the only question was whether Councilman Blewett tost his eligibility to sit on the City Council by his actions some- time in June. He opined that the Council could continue the hearing and that they had no obligation to instruct that the copies of the Depositions be made. Mr. Flandrick stated that the two individuals, Mr. Crea and Mr. Shepard, reside on real property located in the immediate proximity of 2305 Redding Way. They had both indicated they did not know who resided there; Mr. Crea's comment had been I don't know. I think there are about three families there." He said at some point in time a neighbor would know who resided on property next door. This deposition was definitely a part of Mr. McEwen's investigation and he would forward copies of the two depositions to the City Clerk's office. He asked that they be admitted into evidence. The Crea Deposition would be Mr. Btewett's Exhibit A and the Shepard Deposition would be Mr. Blewett's Exhibit B. Mr. Ritchie said he had no objection to providing the Depositions if the Council wished to hold the meeting over for deliberation. He stated that if they wanted to proceed on to a condudion this evening, it would not be practical to get the depositions. Mayor Waldo polled the Council regarding whether they wished to continue the hearing or proceed to a conclusion. ADJOURN PUBLIC HEARING TO THURSDAY, AUGUST 25, 1977 AT 7:30 P.M. AND INSTRUCT MR. MC EWEN TO MAKE AVAILABLE COPIES OF THE DEPOSITIONS FOR MR. CREA AND MR. SHEPARD TO THE COUNCIL. M/S/C: AGUILAR/KITCHEL. There were no objections. August 18, 1977 Page 20 OATH ADMINISTERED TO C. BLEWETT ORAL TESTIMONY COUNCILMAN BLEWETT 11:30 P.M. RECESS 11:41 P.M. COUNCIL \ RECONVENED 1 ORAL TESTIMONY COUNCILMAN BLEWETT ADJOURN PUBLIC HEARING TO THURSDAY 8/25/77 AT 7:30 P.M. AND INSTRUCT MR. MC EWEN TO PROVIDE COPIES OF TWO DEPOSITIONS Continued) BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµRegular Meeting of the Baldwin Park City Council August 18, 1977 Page 21 Mr. Ritchie stated that the purpose of the adjourned iiipotin(j would be to review the adcfi ti mid 1 matcridi and to list to arfjunif'fit. at the time of the meeting froni Mr. Ftandrick and Mr. Me Ewen as to what was relevant in the record and what would assist the Council to make a decision. Then the Council would make their decision. Council discussion followed relative to re-opening the Council Meeting so that the people might be allowed to speak under Oral Communication. RE-OPEN CITY COUNCIL MEETING FOR PURPOSE OF LISTENING TO ORAL COMMUNICATION. M/S/C: HAMILTON/BLEWETT. Roll Call. Ayes: HAMILTON/ BLEWETT/KITCHEL/WALDO. Pass: AGUILAR. Acting City Attorney Ritchie and Assistant Acting City Attorney McEwen were not present during Oral Communication. RE-OPEN C.C. MTG. FOR PURPOSE OF LISTENING TO ORAL COMMUNICATION Gloria Zook, 4817 North LaRica, stated she had heard a11 over town that a decision had already been made on the hearing and that they had already picked someone to replace Council- man Blewett, She said if this information was coming from the Public Information Officer, Councilman Blewett or some citizen should go to court. Phone calls had been made, telling people they would be a Council person. She stated that perhaps she should make a state- ment to her lawyer relative to where she heard it and if that person is appointed, go from there to court. 00- Michaet Dargus, 13260 East Francisquito, asked why nothing had been done about bill- boards across from City Halt, as their fourth extension was up. He referred to Moran's property and said he was in violation of the City Ordinance. He said Mayor Waldo was espousing civil rights, but that he had to took at this visual pollution. 00- Bertha Regus, 5013 Cutter Street, stated that thousands of dollars had been spent on hearings before and that the hearing tonight and of the two officers were un- called for. She said she resented the waste of their tax dollars, because if they had the amount wasted on useless expenditures, their taxes could have gone down not one penny, but maybe four or five pennies. She asked for an honest and sincere decision, equal to what they would tike to have if they were in that position. She stated Mr. Aguitar had been out of town but wasn't on trial and Mayor Waldo at one time didn't have an address in the City and couldn't be reached for meetings. He had had only a post office box. She stated she had not seen many citizens or members of the Council in court today and that they might learn something. 00- GLORIA ZOOK RE DECISION ON PUBLIC HEARING MICHAEL DARGUS RE BILLBOARDS & VIOLATION OF CITY ORDINANCE BERTHA REGUS RE PERSONNEL HEARINGS WASTE OF TAX DOLLARS, COUNCIL RESIDENCE & COURT TRIAL BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµRegular Meeting of the Baldwin Park City Council Dorothy Dunn, 12829 Duthie, said that Councilman Blewett had opposed every move to bring in industry to reduce taxes, so he had moved out of town. She referred to his statement, Home is where the heart is not where your car is." 00- Bonnie Hanrahan, 3119 Baldwin Park Blvd., referred to the rocks of Alcatraz" on their street and asked if something could be done about the lights, as they don't illuminate anything 00- Daniet Erbe, 5108 N. Larry, said Mayor Waldo had referred to his civil rights as a citizen, but there was due course of law and there was a law that said public servants can be recalled. He said the citizens had become concerned about the government being conducted when the recall petition was passed around. He stated that if there was any question as to whether the citizens wanted them as Mayor or City Councilman, it could be easily and quickly answered by sub- mitting to the recall election so that the City could get on about its business. He said it appeared that when the recall began, people had questions in their mind about whether they should be recalled or not, but the opinion had changed because now they feet they are avoiding the issues rather than facing up to them. He stated he felt the citizens had a right to make the decision of whether they are elected out of office or re-elected. 00- Councitman Aguitar said it was a proven fact that he and Councilman Btewett did not like each other but that he had asked for a continuation of the hearing so that he could hear and consider all the evidence. He promised Councilman Blewett that he would get a fair vote from him. Councilman Blewett said Mr. Dargus would be happy to learn that the billboards across the street were down. Mayor Waldo stated that the agreement with the billboard company was that the bill- boards would come down when the construction started on the new City Hall. Mayor Waldo stated to Mr. Erbe that his quarrel was not with the recall process, but with the new law which went into effect the first of this year which said he does not have the right to look at the petitions. He said it took away the right to know who his accusers were but gave the right to his accusers. The old law gave both the right to took at the petitions to agree whether the signatures were proper or not. He said this right was the right of everyone who ran for public office and that that was what he was fighting for. He said it was Continued) August 18, 1977 Page 22 DOROTHY DUNN RE COUNCILMAN BLEWETT RESIDENCE BONN IE HANRAHAN RE BALDWIN PARK BLVD. MEDIAN & STREET LIGHTS DANIEL ERBE RE CIVIL RIGHTS & RECALL ELECTION C. AGUILAR RE FAIR VOTE ON C. BLEWETT HEARING C. BLEWETT RE BILLBOARDS DOWN MAYOR WALDO RE BILLBOARDS & RIGHT TO REVIEW PETITIONS BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµRegular Meeting of the Baldwin Park City Council not true that he was given the right to look at the petitions, as Councilman Btewett had said. He stated it would not be right for the judge to give him the sole right to took at the petitions and deny it to another public official in the future, and that if his personal finances would enable him, he would fight this law as long as he could. He said he was not running away from an election, but that he wanted the same right as every other citizen. 00- August 18, 1977 Page 23 AT 12:18 A.M. THE MEETING ADJOURNED TO THURSDAY, AUGUST 25, 1977 AT 7:30 P.M. M/S/C: HAMILTON/AGUILAR. There were no objections. ADJOURNED 12:18 A.M., TO THURSDAY, AUGUST 25, 1977, 7:30 P.M. 00- j^^^/3^^ THELMA L. BAL'KUS, CITY CLERK APPROVED sS^^^ / 1977 Date of Distribution to City Council: Date of Distribution to Departments: August 26, 1977 August 26, 1977 BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµAFFIDAVIT OF POSTING NOTICE STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK THELMA L* BALKUS, being first duly sworn, says and deposes: that I am the duly chosen, qualified and acting City Clerk of the City Council of the City of Baldwin Park; that at a Regular Meeting of the City Council of the City of Baldwin Park held August 18______^ 19 77 said meeting was ordered adjourned to the time and place specified In the Notice of the Adjournment ATTACHED HERETO: that on August 19 19 77 at the hour of 10:00 a«m* 9 I posted a copy of said Notice at a conspicuous place on or near the door of the place at which said meeting of August 18 was held. 19 77 7^4^-^ L ItiELMA L. BALKUS. IITV CLTRK Subscribed and sworn to before me this 19th day of 1____ 19 78 OFFICIAL SEAL X^R%i WILSON NOTARY PUBLK: CALIFORNIA LOS ANGELES COUNTY My comm. expires AUG 9, 1981 c^^^^^^^^ Noya^ PODllc in and forr said County and State / BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 18 CC MIN(ÌìÌµUNOFFICIAL 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. Present: COUNCILMEN AGUILAR. BLEWETT, HAMILTON, KITCHEL AND MAYOR WALDO Ron Can: AUGUST 18. 1977 7:30 P.M. INVOCATION 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 The meeting began at 7:55 p.m. due to the extension of the CRA meeting and the interim recess. 00- CONTINUATION OF PUBLIC HEARING MEETING BEGAN 7:55 P.M. Residency Qualifications Councilman Russell E. Blewett AT 12:18 A.M. THE MEETING ADJOURNED TO THURSDAY, AUGUST 25, 1977 AT 7:30 P.M. M/S/C: HAMILTON/ AGUILAR. There were no objections. CONTINUED TO AUGUST 25, 1977 ADJOURNED 12:18 A.M. TO THURSDAY, AUGUST 25, 1977 7:30 P.M. DATED: AUGUST 19, 1977 TIME: 10:00 A.M. 00- BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-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 August 18, 1977 Page 9 Acting Assistant City Attorney McEwen said they could prepare something the Council could work from in the form of a contract within that time frame. They could act upon it with minor changes. 00- Acting City Manager Sexton said a contract had been prepared and was ready for execution with Mid-Valley Community Mental Health Council in the amount of $44,000 anti-recessionary monies. The elements of fiscal responsibility, audits, insurance and other items had been included and the contract had been executed by Mid-Valley Mental Health officials and was ready for review and approval of the Council. Staff had recommended a change from the original $25,000 surety bond in the insurance provisions to reduce it to $15,000. AUTHORIZE EXECUTION OF CONTRACT WITH MID-VALLEY MENTAL HEALTH COUNCIL. M/S: AGUILAR/BLEWETT. Councilman Hamilton asked Dr. Saif Utiah, Executive Director of Mid-Valley Community Mental Health Council if the contract was satisfactory with him. Dr. Ultah said that it was. CONTRACT GIVEN TO TO STUDY BEFORE C WILL BE COUNCIL A WEEK C. MEETING MID-VALLEY COMMUN. MENTAL HEALTH COUNCIL AUTHORIZE EXECUTION OF CONTRACT Roll Call. There were no objections. MOTION CARRIED 00- Acting City Manager Sexton said that bids had been received for the rehabilitation of the Community Center at a total cost of $68,000, which was within the budgeted amounts previously approved. The Building Regulations Supervisor had recommended that waiver of format bid procedures be requested where necessary and that the total cost be approved. WAIVE FORMAL BID PROCEDURES WHERE NECESSARY AND APPROVE TOTAL COST OF $68,000. M/S: BLEWETT/HAMILTON. REPORT ON COMMUN. CENTER REHABILITA- TION WAIVE FORMAL BID PROCEDURES & APPROVE TOTAL COST OF $68,000 Councilman Btewett complimented Mr. Cunm'ngham, Building Regulations Supervisor, for the work he had done in cutting the cost down. He said he would like to include a commendation for Mr. Cunm'ngham in the motion. WAIVE FORMAL BID PROCEDURES WHERE NECESSARY, APPROVE TOTAL COST OF $68,000 AND INCLUDE COMMENDATION FOR RICHARD CUNNINGHAM, BUILDING REGULATIONS SUPERVISOR. M/S/C: BLEWETT/ HAMILTON. Roll Call. There were no objections, 00- Mayor Waldo declared Oral Communications open. Councilman Blewett said there was the item of Mobile Home Park Guidelines to be discussed first and that he protested having Oral Commun- ications before his public hearing and wished to have the Council polled on when it should be he1d- 00- WAIVE FORMAL BID PROCEDURES, APPROVE TOTAL COST OF $68,000 & INCLUDE COMMENDATION FOR RICHARD CUNNINGHAM COUNCIL DISCUSSION BIB] 37657-U01 1977-U02 08-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9765-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06