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Home My WebLink About1977 08 25 CC MIN1977 08 25 CC MIN(ÌìÌÒ INDEX AUGUST 25, 1977 Recess Meeting Reconvened Public Hearing Residency Qualifications, Councilman Russell E. Btewett Publication and Mailing No Written Protests Purpose of Meeting Baldwin Park Herald-Press Dated 8/25/77, Article Mush-Head Judge Reassigned" Affidavit from Tim Bynum, Exhibit A" Accepted in Evidence Exhibit XIV, Mr. Crea: Exhibit XV, Mr. Shepherd Exhibit B," Norma Babcock; Exhibit C," Ernest Scovat; Exhibit C," Katherine Davis Exhibits B," C" and D" Received in Evidence Attorney McEwen Statement and Summary of Evidence Attorney Ftandrick Statement and Summary of Evidence Attorney McEwen Closing Argument Appeal Ruling of the Chair Motion Died for Lack of a Second Authorize City Attorney to Withdraw Action to Appeal the Superior Court Action to Schedule the Recall Election to the Appellate Court Authorize City Attorney to Withdraw Appeal and Permit City Council to Proceed with Calling Recall Election Request Verbatim Transcript of Public Hearing 8/18 & 8/25/77; Continue Public Hearing to 9/1/77 9:18 P.M. Meeting Adjourned BIB] 37657-U01 1977-U02 08-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9766-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 25 CC MIN(ÌìÌÒ UNOFFICIAL UNTIL APPROVED ADJOURNED REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL AUGUST 25, 1977 CITY HALL COUNCIL CHAMBERS) 14403 East Pacific Avenue 7:30 P.M. The City Council of the City of Baldwin Park met in adjourned regular session at the above place at 7:30 p.m. Mayor Waldo called the meeting to order with Councitmen Aguilar and Blewett present. He then declared a brief recess. 00- At 7:42 p.m. the meeting reconvened. Roll Call: Present: COUNCILMEN AGUILAR, BLEWETT, HAMILTON, KITCHEL AND MAYOR WALDO Also Present: ACTING CITY MANAGER SEXTON. ACTING CITY ATTORNEY RITCHIE, ASSISTANT ACTING CITY ATTORNEY MC EWEN, CITY TREASURER MONTENEGRO, CITY CLERK BALKUS, ATTORNEY FLANDRICK REPRESENTING COUNCILMAN BLEWETT) Absent: ACTING DIRECTOR OF PUBLIC WORKS SEXTON, DIRECTOR OF PLANNING KILGOUR, DIRECTOR OF FINANCE HALLOWAY AND CHIEF OF POLICE CHELLINO 00- It was the time and place fixed for a public hearing on Residency Qualifications Councilman Russell E. Blewett. Continued from August 18, 1977) Publication and mailing had been accomplished. There were no written protests. Acting City Attorney Ritchie stated that this was a continued public hearing on the question of whether Councilman Blewett was qualified to hold office as City Councilman. He said the presentation of evidence had been concluded at the last meeting. Mr. Ftandrick had requested that the Council be furnished copies of two depositions made by Mr. Crea and Mr. Shepherd. These had been distributed to the Council members for examination. He outlined the procedure for conducting the hearing. He stated that Assistant Acting City Attorney McEwen would argue his position with the evidence that supported it; Mr. Flandrick would have the same opportunity; Mr. McEwen would have a brief closing argument and then the City Council would decide the matter unless Mr. Flandrick had anything further to add. Council discussion followed relative to an article which had appeared in the August 25 Herald-Press. Mr. McEwen stated that it had been a case of mistaken identity and that Mr. Tim Bynum, who had been referred to in the article, had not talked with Mr. or Mrs. Blewett. He asked that the article be disregarded by the Council and not considered in any of their deliberations. frTtn+iniiprO RECESS MEETING RECONVENED ROLL CALL PUBLIC HEARING RESIDENCY QUALIFI- CATIONS, COUNCILMAN RUSSELL E. BLEWETT PUBLICATION & MAILING NO WRITTEN PROTESTS PURPOSE OF MEETING BIB] 37657-U01 1977-U02 08-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9766-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 25 CC MIN(ÌìÌÒ Adjourned Regular Meeting of the Baldwin Park City Council August 25, 1977 Page 2 Mr. Flandrick asked that the article be marked as Blewett Exhibit A" and be attached to the record. Mr. Ritchie advised the Council that newspaper articles were not evidence and should not be considered by them or introduced as evidence. Councilman Blewett demanded that the article be placed in the record. Mr. Ritchie suggested that the City Council determine whether or not it wanted to accept the article as evidence; his advice was that it was not relevant and not evidence, but just another news story. It was not favorable toward Mr. Blewett Mr. Blewett requested that his picture not be taken during the hearing. Mr. Ritchie stated that pictures should not be taken during the proceedings. Mr. Flandrick stated he hadn't wanted to offer the article in evidence for any other reason than to identify it. Mr. Ritchie said the document he was referring to should be identified as the Baldwin Park Herald-Press, dated August 25, 1977, bearing the headline,"Mush-Head Judge Reassigned." Mr. Ritchie said he had no objection to having the record identify the article the Mayor had referenced; he would not want the Council to consider the substance of the article. Councilman Blewett stated that he wanted to know how many Council members had read the article, as it presented prejudiced evidence. The majority of the Council polled wished to have the article concerning Mr. Bynum identified in the record, but not as evidence. Councitmen Aguilar, Kitchet, Hamilton and Mayor Waldo said they had read the article. Mr. Flandrick distributed copies among the Council of an affidavit from Mr. Tim Bynum, the gentleman referred to in the article. He requested that Mr. Ritchie examine the document and accept it in evidence, to the same extent as the newspaper article and for the same purpose. Mr. Ritchie said they could stipulate that where it talked about the newspaper article concerning the matter, Mr. Flandrick was talking about the same article Mr. McEwen had made reference to. Mr. Ritchie agreed to admit it in evidence. Mr. Flandrick requested that the depositions of Mr. Crea and Mr. Shepherd be identified as Exhibits XIV and XV, respectively. Mr. Flandrick distributed hand written copies of affidavits among the Council and asked that the affidavit of Norma Babcock be identified as Exhibit B." Ernest Scoval as Exhibit C" and Katherine Davis as Exhibit D," continued) B. P. HERALD-PRESS DTD. 8/25/77, ARTICLE MUSH-HEAD JUDGE REASSIGNED" AFFIDAVIT FROM TIM BYNUM, EXHIBIT A" ACCEPTED IN EVIDENCE EXHIBIT XIV, MR. CREA: EXHIBIT XV, MR. SHEPHERD EXHIBIT B" NORMA BABCOCK: EXHIBIT C" ERNEST SCOVAL; EXHIBIT C" KATHERINE DAVIS BIB] 37657-U01 1977-U02 08-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9766-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 25 CC MIN(ÌìÌÒ Adjourned Regular Meeting of the Baldwin Park City Council August 25, 1977 Page 3 Mr. Ftandrick read Blewett Exhibits B," C" and D" into the record. Copies in official files) He asked that these Exhibits be received in evidence. Mr. Ritchie agreed to receive the Exhibits in evidence and said that Mr. Flandrick and Mr. McEwen could comment on how much weight the Council should give on these items and how much is reliable evidence. Mr. McEwen presented a summary of the evidence. Complete testimony in Court Reporter Transcript.) Mr. Flandrick presented a summary of the evidence. Complete testimony in Court Reporter Transcript.) Mr. McEwen presented his closing argument. Complete testimony in Court Reporter Transcript.) Mr. Ritchie said it would be appropriate to close the public hearing and then for Council to discuss the matter among themselves. Councilman Blewett referred to the Stipulation, Exhibit III, where it had been stipulated that yes, it was their intent to make this their permanent residence. He asked Mr. McEwen whether he had noticed on the application or had inquired where the funds were to come from to purchase the house in Upland. Mr. Ritchie said it was not appropriate to cross examine Mr, McEwen as he was not a witness. Mr. McEwen said that when they had taken a deposition and subpoenaed the entire loan document from Pomona First Federal Savings, Mr. Flandrick had objected to the introduction, use or acquisition of the loan document on the grounds that it interfered with Mr. Blewett"s right of privacy insofar as the financial in- formation. Mr. McEwen said he had agreed with him that he had no interest in obtaining any financial information, but that he was still refused any portion of the loan document or to be questioned about it during the deposition He said he had then filed a motion to compel the answers and they had then entered into the stipu- lation which arrived at the specific questions which they would permit to be asked. They had continued to object relative to having the financial information disclosed. Councilman Blewett asked why the information that he had Post Office Box O" in Baldwin Park had not been introduced in evidence. Mr. McEwen said that that information was included in his deposition. Councilman Blewett stated he was trying to point out that Mr- McEwen was acting as prosecutor and not bringing out the evidence that was favorable to him. He had been charged by the Council July 7 with the P0"^^11^ of Presenting all evidence. continued) EXHIBITS B," C" AND D" RECEIVED IN EVIDENCE ATTY. MC EWEN STATEMENT & SUMMARY OF EVIDENCE ATTY. FLANDRICK STATEMENT & SUMMARY OF EVIDENCE ATTY. MC EWEN CLOSING ARGUMENT BIB] 37657-U01 1977-U02 08-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9766-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 25 CC MIN(ÌìÌÒ Adjourned Regular Meeting of the Baldwin Park City Council August 25, 1977 Page 4 Councilman Kitchel stated the four articles that he had stipulated in his motion on July 7: authorize the City Attorney to investigate, pay him $3,000, set a public hearing and issue subpoenas. Mayor Waldo said he believed that what had happened in Baldwin Park was a tragedy that could never be healed. He stated that after the election Councilman Btewett's workers had toM hi^ that he and the guys" would not be in office c"^ months before there would be a recall. He said rdth^-' than doing drastic things to hurt the community, great things have been happening. Councilman Ham-itton ca^ln^ to;' a point of order, as he said there was rhetoric going on that had nothing to do with the ca^e. He asked Acting City Attorney Ritchie for a ruling when Mayor Waldo refused to yield. Acting City Attorney Ritchie stated that he had a right to raise a point of order, but that the Mayor ruled on it and if he didn't tike the ruling, he could appeal the ruling of the Chair. Councilman Hamilton stated that he wanted to appeal the ruling of the Chair as it seemed to be turning into a political speech. APPEAL THE RULING OF THE CHAIR, M: HAMILTON. Mayor Waldo said the met on rf>od for lack of a second. Councilman FPie^'eT,L seconded the motion but Mayor Waldo s-^ would have to speak out. Mayor Waldo continued to r.'-dd from a prepared statement of the accomplishw^t.1:' of towering property taxes, bringing nd1. / to the City, obtaining the grant to build ihi- new City Hail and the jealousy of Councilmen Hamilton and Btewett for the new leadership. He challenged Councilman Blewett to join with him in resigning their Council seats and gave him five minutes to make a decision. Councilman Blewett stated he could make the decision in five seconds. He said he would resign if the Mayor, Councilmen Kitchel and Aguilar would also resign. He stated that Councilman Hamilton had served admirably in office. He stated that it was Mayor l^atdo that the people wanted out of office and had marched the streets to get signatures and that he thought he should resign. Mayor Waldo said he was offering Councilman Blewett a chance to save the people the expense of taking his residency qualifications to court if the Council decided it was not proper. Councilman Blewett said the people in the City had requested a recall on Mayor Waldo; he had frustrated their efforts, but it was now to the point where an election must be set and he was going to have to do it alone. continued) APPEAL RULING OF THE CHAIR MOTION DIED FOR LACK OF A SECOND BIB] 37657-U01 1977-U02 08-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9766-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 25 CC MIN(ÌìÌÒ Adjourned Regular Meeting of the Baldwin Park City Council August 25, 1977 Page 5 Mayor Waldo said he had instructed his attorney, Mr. Montgomery, to withdraw any efforts to appeal the recall decision the court had made. He stated he had decided to withdraw the Appeal because he did not have the funds to fight it and planned to fight it through the legislature. Councilman Blewett stated that Mayor Waldo's other two attorneys, Mr. Ritchie and Mr. McEwen, had filed a lawsuit on behalf of the City to frustrate the recall law and had filed an appeal. Mr. McEwen stated that the Appeal had been filed on behalf of the City after the City Council had authorized the City Attorney to take action to defend the position of the City at the July 7 meeting. AUTHORIZE CITY ATTORNEY TO WITHDRAW ACTION TO APPEAL THE SUPERIOR COURT ACTION TO SCHEDULE THE RECALL ELECTION TO THE APPELLATE COURT. M/S: BLEWETT/WALDO. Mayor Waldo asked for clarification on which Appeal was being discussed. Mr. Ritchie said it was his understanding that the Council wished to have the Appeal withdrawn that had been filed when the Council had voted by a majority not to call a recall election on the grounds that they felt the statute was unconstitutional. He said this would end the mandate action and leave the Council free to ca11 the recall election at the next regular City Council Meeting. AUTHORIZE CITY ATTORNEY TO WITHDRAW APPEAL AND PERMIT CITY COUNCIL TO PROCEED WITH CALLING THE RECALL ELECTION. M/S: BLEWETT/ WALDO. Roll Ca11. Ayes: BLEWETT/WALDO/ HAMILTON/KITCHEL. Noes: AGUILAR. Councilman Kitchel stated that he was not prepared to take action on the public hearing tonight. He requested verbatim minutes beginning with this public hearing at the last meeting of August 18 and including minutes of the entire hearing tonight. He asked that the matter be held over until the next Council Meeting. The court reporter confirmed that he could make the verbatim transcripts available before the next Council Meeting. REQUEST VERBATIM TRANSCRIPT OF ENTIRE PUBLIC HEARING AUGUST 18 AND AUGUST 25, 1977 AND CONTINUE PUBLIC HEARING TO NEXT CITY COUNCIL MEETING, SEPTEMBER 1. 1977. KITCHEL/BLEWETT. Councilman Aguilar again stated that he intended to give Councilman Btewett a fair hearing. He said new evidence had been brought in and he wanted to study it. continued) AUTH. C.A. TO WITHDRAW ACTION TO APPEAL THE SUPERIOR COURT ACTION TO SCHEDULE THE RECALL ELECTION TO THE APPELLATE CT AUTH. C.A. TO WITHDRAW APPEAL & PERMIT CITY COUNCIL TO PROCEED WITH CALLING RECALL ELECTION REQUEST VERBATIM TRANSCRIPT OF PUBLIC HEARING 8/18 & 8/25/77 CONTINUE PUBLIC HEARING TO 9/1/77 BIB] 37657-U01 1977-U02 08-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9766-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 25 CC MIN(ÌìÌÒ Adjourned Regular Meeting of the Baldwin Park City Council Roil Call. There were no objections. AT 9:18 P.M. THE MEETING ADJOURNED. M/S/C: AGUILAR/HAMILTON. There were no objections. 00- August 25, 1977 Page 6 MOTION CARRIED 9:18 P.M. MEETING ADJOURNED yg^A^ THELMA L. BALKUS, CITY CLERK APPROVED: JU^Zi^^ / 1977 Date of Distribution to City Council: September 8, 1977 Date of Distribution to Departments: September 8, 1977 BIB] 37657-U01 1977-U02 08-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9766-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 25 CC MIN(ÌìÌÒ ADJOURNED REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL CITY HALL COUNCIL CHAMBERS) 14403 East Pacific Avenue AUGUST 25, 1977 7:30 P.M. The City Council of the City of Baldwin Park met in adjourned regular session at the above place at 7:30 p.m. Roll Call: Present: COUNCILMEN AGUILAR, BLEWETT, HAMILTON, KITCHEL AND MAYOR WALDO ACTING CITY MANAGER SEXTON, ACTING CITY ATTORNEY RITCHIE, ASSISTANT ACTING CITY ATTORNEY MC EWEN, CITY TREASURER MONTENEGRO AND CITY CLERK BALKUS Also Present: Absent: ACTING DIRECTOR OF PUBLIC WORKS SEXTON, DIRECTOR OF PLANNING KILGOUR, DIRECTOR OF FINANCE HALLOWAY AND CHIEF OF POLICE CHELLINO 00- ROLL CALL CONTINUATION OF PUBLIC HEARING Residency Qualifications Russell E. Btewett Councilman CONTINUATION OF PUBLIC HEARING CONTINUED TO SEPTEMBER 1, 1977 00- AT 9:18 P.M. THE MEETING ADJOURNED TO THURSDAY, SEPTEMBER 1, 1977, AT 7:30 P.M. M/S/C: AGUILAR/ HAMILTON. There were no objections. DATED: AUGUST 26, 1977 TIME: 10:00 A.M. 00- rAJ^^^M^ THELMA L. BALKUS, CITY CLERK BY 1^^^ W^cJ/^^ HELEN WINCHESTER, DEPUTY CITY CLERK BIB] 37657-U01 1977-U02 08-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9766-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 08 25 CC MIN(ÌìÌÒ AFFIDAVIT 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 an Adjourned Regular Meeting of the City Council of the City of Baldwin Park held August 25 1977 said meeting was ordered adjourned to the time and place specified In the Notice of the Adjournment ATTACHED HERETO: that on August 26 19 77 at the hour of 10:00 a.m>. I posted a copy of said Notice at a conspicuous place on or near the door of the place at which said meeting of was held. August 25 19 77 Subscribed and sworn to before me this 19th day of April 1978 OFFICIAL SEAL KERRi WILSCN NOTARY PUSLK: CALIFORNIA LOS ANGELES COUNTY My comm. expires AUG 9, 1981 r ji^^/ L^. Vo^ryW(cinW County and State / BIB] 37657-U01 1977-U02 08-U02 25-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9766-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06