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Home My WebLink About1977 09 15 CC MIN1977 09 15 CC MIN(ÌìËIN.DEX, SEPTEMBER 15, 1977 Invocation Councilman Hamilton Consent Calendar Approval of Minutes 9/1/77 Receive and File Treasurer's Report August 31, 1977 Resolution No. 77-77, Claims and Demands, Warrant Nos. 8522 8595, Payroll 8/21 9/3/77 Claim Against the City, Juana Magallon Ordinance No. 758, Authorizing Bingo Games Within the City Boundaries by Charitable Organizations and Amending Section 4160 of the Baldwin Park Municipal Code Request for Budget Amendment Public Works Withdraw Item 5 from Consent Calendar Concur With Recommendations on Consent Calendar Vote No" on Item 5 of Consent Calendar Motion Died Ordinance No. 758 Adopted Oath Public Hearing Z-410 to Consider Prezone of R^-1, Single Family Residential, for Ledford School Site Publications, Postings and Mailings No Written Protests Resume Public Hearing Opened David Killeen re Zoning Site at More Than 5000 Square Feet Alma Aghbashian Opposed to Park Lynda Hicks Opposed to Park Arturo Luna Opposed to Park Gloria Zook Opposed to Views of Citizens from County Area Mrs. Tony Anguto in Favor of Henset as a Through Street; Building Homes, not Park Public Hearing Closed Ordinance No. 759. Establishing A Prezone of R-1, Single Family Residential, Pursuant to Government Code Section 65859 for Certain Herein Described Real Property and Certifying the Negative Declaration of Environmental Impact Case No. Z-410) Ordinance No. 759 Waive Further Reading Introduced Public Hearing AZC-74, Proposed Amendment to Baldwin Park Zoning Code Development Standards for Mobile Home Parks Initiated by Planning Commission Publications No Written Protests Resume Public Hearing Opened Terry McGovern, Representing Mr. and Mrs. Mamone Public Hearing Closed Ordinance No. 760. Adding Certain Sections to Baldwin Park Zoning Code re Development and Maintenance Standards for Mobile Home Parks and Certifying Negative Declaration of Environmental Impact Case No. AZC-74) Ordinance No. 760 Waive Further Reading Introduced Award of Contract Interior Furnishings for Public Services Building Award Contracts to Three Lowest Bidders 1) Steel Case to Bassett Business Interiors, Whittier $107.848.12; 2) Herman Mitter to Westfall Interior Systems, L.A. $42.776.28; 3) Miscellaneous Items to Warner-West, Inc.» Woodland Hills $85,864 Removal of Propane as Fuel fro»h City Vehicles Authorize Fuel Conversion from Propane to Unleaded Gas on City Vehicles BIB] 37657-U01 1977-U02 09-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9729-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 09 15 CC MIN(ÌìËIndex September 15, 1977 Page Two Amend Budget for Fuel Conversion $1100 Ordinance No. 761» Repealing Ordinance No. 756 Relating to an Interim Moratorium on Construction of Mobile Home Parks Urgency) Ordinance No. 761, Waive Further Reading and Adopt Thelma Duncan Vs. City of Baldwin Park and Roger Tremblay Deny Request and Refer to Insurance Carrier Tremblay) 8:45 P.M. Recess 8:52 P.M. Meeting Reconvened Graffiti Ordinance Executive Session City Newsletter Staff Try to Place News Releases in Three Newspapers and Get Information from Mid-Valley Manpower Consortium on Their Programs and Others Regus Vs. Baldwin Park Lawsuit City Clerk Position Acting City Attorney Prepare a Report re City Clerk Position for Next Council Meeting Jeanne Martens re Publishing City Directory and City Clerk Position Gloria Zook re City Brochures and City Clerk Position Tom Carpenter re CRA and Nuisance Hearings Bob Izetl re Five-Minute Limit on Oral Communications Sandra Neal re Employees Politically Involved and Public Information Officer Fred Martin re Graffiti James Gregg re Stop Sign and Publication of Service Organizations Council Discussion 9:47 P.M. Executive Session 11:04 P.M. Council Reconvened 11:05 P.M. Meeting Adjourned to Thursday, 9/22/77, 7:30 P.M., for Joint Meeting With Job Opportunities Commission BIB] 37657-U01 1977-U02 09-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9729-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 09 15 CC MIN(ÌìËUNOFFICIAL 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 U'e above place at 7:30 p.m. An invocation was given by Councilman Hamilton. Councilman Kitchet led the salute to the flag. Roll Call: Present; COUNCILMEN AGUILAR, BLEWETT, HAMILTON, KITCHEL AND MAYOR WALDO Also Present: ACTING ASSISTANT CITY MANAGER SEXTON, DEPUTY CITY ATTORNEY MC EWEN, ACTING DIRECTOR OF PUBLIC WORKS SEXTON, DIRECTOR OF PLANNING KILGOUR, DIRECTOR OF FINANCF HALLOWAY, CHIEF OF POLICE CHELLINO, CITY TREASURER MONTENEGRO AND CI1Y CLERK BALKUS /bsent: ACTING CI'Y MANAGER SEXTON 00- Councilman Ernie KeTi of the City of Ling Beach gave a presentation on No Fault Insurance. He referred to the Resolution adopted by heir City Council and forwarded to the League of California Cities, requesting support for nationwide uniform standards for no-fault auto insurance. Prelimin- ary approval had been received from the League and in San Francisco on September 26, he League wi11 act upon this p(1icy Resolution. He requested the review and support of their Resolution. 00- City Clerk Batkus presented the Consent Calendar: 1. Approval of Minutes of September 1, 1977 2. Receive and File Treasurer's Report August 31, 1977 3. Waive Further Reading and Adopt RESOLUTION NO. 77-77 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK Deny and efer to Insurance Carrier Claim Against the City Juana Magatton Waive Further Rea'iing and Adopt ORDINANCE NO. 7b8 AUTHORIZING CERTAIN BINGO GAMES WITHIN THE CITY BOUNDARIES BY CHARITABLE ORGANIZATIONS AND AMENDING SECTION 4160 OF THE BALDWIN PARK MUNICIPAL CODE 6. Approval of Budget Amendment Public Works WITHDRAW ITEM 5 FROM ONSENT CALENDAR FOR DISCUSSION M/S/C: HAMILTON/AGUI^AR. There were ro objections. \ SEPTEMBER 15, 1977 7:30 P.M. INVOCATION FLAG SALUTE ROLL CALL COUNCILMAN ERNIE KELL LONG BEACH PRESENTATION, NO FAULT INSURANCE CONSENT CALENDAR APPROVAL OF MINUTES 9/1/77 RFC. & FILE TREAS. REPORT 8/31/77 RES. NO. 77-77, CLAIMS & DEMANDS, WARRANT NOS. 8522 8595, PAYROLL 8/21 9/3/77 CLAIM AGAINST THE CITY, JUANA MAGALLON ORD. NO. 758, AUTH. BINGO GAMES & AMEND- ING SECT. 4160 OF B.P. MUNI. CODE REQUEST FOR BUDGET AMENDMENT PUBLIC WORKS WITHDRAW ITEM 5 FROM CONSENT CALENDAR BIB] 37657-U01 1977-U02 09-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9729-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 09 15 CC MIN(ÌìËRegular Meeting of the Baldwin Park City Council CONCUR WITH RECOMMENDATIONS ON CONSENT CALENDAR. M/S/C: BLEWETT/KITCHEL. Roll Call. There were no objections. Councilman Hamilton stated that the Bingo Ordinance was a state law, but that he was opposed to approval of the change in the Ordinance because he felt it led to more liberalization in gambling. VOTE NO" ON ITEM 5 OF CONSENT CALENDAR. M: HAMILTON THE motion died for lack of a second. WAIVE FURTHER READING AND ADOPT ORDINANCE NO. 758. M/S/C: AGUILAR/KITCHEL. Rol1 Call. Ayes: AGUILAR/ KITCHEL/BLEWETT/WALDO. Noes: HAMILTON. The motion carried. 00- City Clerk Batkus administered the Oath to those in the audience desiring to be heard during the meeting. 00- It was the time and place fixed for a Public Hearing on Z-410 To consider a prezone of R-1, Single Family Residential, for property known as the Ledford School Site Initiated By: Planning Commission Publications, postings and mailings had been accomplished. There were no written protests. Director of Planning Kitgour said that the Planning Commission had initiated this public hearing to consider the prezone for the portion of the Ledford School Site which was in unincorporated territory and subject to annexation and to be purchased by the City as a park site. He referred to the report of the Planning Commission, with their recommenda- tion for the establishment of R-1 on this site, along with the Certification of the Negative Declaration of Environmental Impact. He said the present plan was to purchase the site and annex it to the City, but not to develop it now. He said the enclosed aerial photo showed the two dwellings which were part of the site purchase; the rest of the tract homes in the surrounding area were not involved in any annexation or prezone proposal. Mayor Waldo declared the public hearing open. David Kitleen, 12827 E. Ledford, stated that he had requested at the Planning Commission Meeting that the site be zoned R-1 10,000 square feet, because building another 25 houses there would make it too congested. He said they did not want to be annexed right now and wi11 a11 be at the Council Meeting when that is discussed. He asked that Council consider zoning the site at more than 5,000 square feet. Mr. Kitqour darifie'i that the City Code requires R-1 6000 square feet for single family residential. continued) September 15, 1977 Page 2 CONCUR WITH RECOMMENDATIONS ON CONSENT CALENDAR VOTE NO" ON ITEM 5 OF CONSENT CALENDAR MOTION DIED ORD. NO. 758 ADOPTED OATH PUBLIC HEARING Z-410 TO CONSIDER PREZONE OF R-1. SINGLE FAMILY RESIDENTIAL, FOR LEDFORD SCHOOL SITE PUBLICATIONS, POST- INGS & MAILINGS NO WRITTEN PROTESTS RESUME PUBLIC HEARING OPENED DAVID KILLEEN RE ZONING SITE AT MORE THAN 5000 SQ. FT. BIB] 37657-U01 1977-U02 09-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9729-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 09 15 CC MIN(ÌìËRegular Meeting of the Baldwin Park City Council Deputy Acting City Attorney McEwen stated that the County zoning was presently R-1 5000. Mrs. Atma Aghbashian, 12853 E. Ledford Street, stated that though they did not wish to be annexed at this time, they would not stand in the way of the City annexing the property they wished to buy. She said another park other than Barnes Park, Morgan Park, the schools or the roadside park on Datewood was not needed as most of their children were grown. They would prefer neighbors rather than a park, with preferably ten or twelve homes. She explained the problem with access to either of the streets that abut the property or turning around on them. She said there would be no problem with homes there but if a park was there, many homes would be backing into the park. She stated it would be better for the City to have homes there for taxing purposes and asked the Council to consider this and the size of the lots. Mrs. Lynda Hicks, 12^31 Hensel Street, said her property lay next door to the park area. She said there was only on'? entrance and exit, Frazier Street, to i11 the apartment buildings and homes there and related the traffic problems that resulted in an emergency. She stated that she was worried that a park would bring in more drug traffic. Arturo Luna, 12849 Ledford, objected to derogatory remarks made at the Planning Commission meeting about a newspaper that people buy in Baldwin Park. He stated he was not in favor of a park because of the water shortage and present access to Sierra Vista High School facilities and other parks. It would be a waste of taxes and he would be paying for it through the federal government. Gloria Zook, 4817 N. La Rica, was admin- istered the Oath by City Clerk Batkus. She stated she didn't think that citizens from the county area who didn't want to join the City of Baldwin Park should dictate what they wanted or didn't want in the City of Baldwin Park. She said the traffic problem they had was a County problem and not a problem of this City. Mrs. Tony Angulo, 128(16 Hensel, said that many children can'e to play on Hensel because it was not a through street and was safer. She stated she would love to see a park but suggested opening Hensel Street all the way through, build a few homes and a church or something to benefit them as well as the City. She stated that the proposed site- was nothing but a dump at present and that at a recent fire there, the fire department could not get to the fire on Hensel because of the narrow street. She referred to motorcycles that drive through Ledford continued) September 15, 1977 Page 3 ALMA AGHBASHIAN OPPOSED TO PARK LYNDA HICKS OPPOSED TO PARK ARTURO LUNA OPPOSED TO PARK GLORIA ZOOK OPPOSED TO VIEWS OF CITIZENS FROM COUNTY AREA MRS. TONY ANGULO IN FAVOR OF HENSEL AS A THROUGH STREET; BUILDING HOMES, NOT PARK BIB] 37657-U01 1977-U02 09-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9729-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 09 15 CC MIN(ÌìËRegular Meeting of the Baldwin Park City Council and Henset Streets and the empty field. The police were having problems with the teenagers there and she was not in favor of having a park there. As there was no further testimony in behalf or in opposition to Z-410, Mayor Waldo declared the public hearing closed. Councilman Blewett reviewed the testimony that had been given. He stated that the County would probably eventually give the area to Baldwin Park as they didn't tike servicing that area. He said he was in favor of the Planning Commission's recommendation to buy it and land bank it and zone it R-1 6000. The citizens could then complain to the City to have the weeds removed; otherwise there would probably be no change for some time. Councilman Hamilton referred to the complaints on the streets there and said that if they were annexed to the City of Baldwin Park, the streets would be aligned to comply with the Code. The City of Baldwin Park could also give better police protection than the County, because they were closer. He said he was in favor of annexing it in as a land bank zoned for 6000 square foot lots, but not as a park. City Clerk Batkus read by title: ORDINANCE NO. 759, ESTABLISHING A PREZONE OF R-1, SINGLE FAMILY RESIDENTIAL, PURSUANT TO GOVERNMENT CODE SECTION 65859 FOR CERTAIN HEREIN DESCRIBED REAL PROPERTY AND CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT CASE NO. Z-410) WAIVE FURTHER READING OF ORDINANCE NO. 759. M/S/C: BLEWETT/AGUILAR. There were no objections. INTRODUCE ORDINANCE NO. 759. M/S/C: AGUILAR/ BLEWETT. Roll Call. There were no objections. 00- It was the time and place fixed for a Public Hearing on AZC-74 A Proposed Amendment to the Baldwin Park Zoning Code which will consider development standards for mobile home parks. The matter under consideration wi11 include at least: site size, density of units, setbacks, parking, landscaping and site amenities Initiated By: Planning Commission Publications had been accomplished. There were no written protests. Director of Planning Kitgour stated that the Council had requested the proposed Ordinance to regulate the mobile home parks in the City. The Planning Commission had conducted a public hearing and recommended the adoption of the Ordinance. He stated that the Deputy Acting City Attorney had refined the Ordinance to make a statement in regard to a mobile home park in question; Section 3 on page 3 jranted the exception to this particular proposed park. They can continued) September 15, 1977 Page 4 PUBLIC HEARING CLOSED ORD. NO. 759. ESTAB- LISHING PREZONE R-1, & CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT CASE Z-410) ORD. NO. 759 WAIVE FURTHER READING ORD. NO. 759 INTRODUCED PUBLIC HEARING AZC-74 PROPOSED AMENDMENT TO B.P. ZONING CODE DEVELOPMENT STAND- ARDS FOR MOBILE HOME PARKS INITIATED BY \ PLANNING COMMISSION PUBLICATIONS NO WRITTEN PROTESTS RESUME BIB] 37657-U01 1977-U02 09-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9729-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 09 15 CC MIN(ÌìËRegular Meeting of the Baldwin Park City Council September 15, 1977 Page 5 develop as outlined in their Conditional Use Permit rather than according to these regulations. Mayor Waldo declared the public hearing open. Terry McGovern, 3679 Torr^nce Blvd., attorney representing Mr. and Mrs. Frank Mamone, referred to the standards on density and size. He stated they presently had 2 and one-half acres and asked if they could expand to 7 and one-half acres or if they could allow 2 and one-half more acres to come up to the 5-acre standard. He said the Mamones were in favor of developing their mobile home park under their current Conditional Use Permit. They had complied with all the City regulations in effect at the time it was issued. He requested that the Council adopt the Ordinance, including the provision in Section 3. Deputy City Attorney McEwen stated that Section 3 would exclude the Mamones from the restrictions and permit them to go forward with their develop- ment but would apply the standards for future expansion to all mobile home parks. The terminology of five acres was for the initial application for mobile home parks. He stated that another alternative would be to request a variance from the standard. As there was no further testimony in behalf or in opposition to AZC-74, Mayor Waldo declared the public hearing closed. City Clerk Balkus read by title: ORDINANCE NO. 760, ADDING CERTAIN SECTIONS TO THE BALDWIN PARK ZONING CODE RELATING TO THE DEVELOPMENT AND MAINTENANCE STANDARDS FOR MOBILE HOME PARKS AND CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT CASE NO. AZC-74) WAIVE FURTHER READING OF ORDINANCE NO. 760. M/S/C: BLEWETT/AGUILAR. There were no objections. INTRODUCE ORDINANCE NO. 760. M/S/C: BLEWETT/ AGUILAR. Roll Call. There were no objections. Mayor Waldo stated that he had not been in favor of a mobile home park on Baldwin Park Blvd., but he understood what the Mamones had been through 00- Assistant Acting City Manager Sexton referred to the award of the contract for the interior furnishings for the Public Services Building. Seven bidders had bid on various combinations for three items available for a total cost of $236,488.40 for the three lowest bidders. The cost was about $40,000 less than the anticipated budget expenditure and would furnish a four- story building totalling more than one and one-half acres. continued) PUBLIC HEARING OPENED TERRY MCGOVERN, REPRESENTING MR. & MRS. MAMONE PUBLIC HEARING CLOSED ORD. NO. 760, ADDING CERTAIN SECTIONS TO B.P. ZONING CODE RE DEVELOPMENT & MAINT- ENANCE STANDARDS FOR MOBILE HOME PARKS & CERTIFYING NEGATIVE DECLARATION OF ENVIR- ONMENTAL IMPACT CASE NO. AZC-74) ORD. NO. 760 WAIVE FURTHER READING ORD. NO. 760 INTRODUCED AWARD OF CONTRACT INTERIOR FURNISHINGS FOR PUBLIC SERVICES BUILDING BIB] 37657-U01 1977-U02 09-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9729-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 09 15 CC MIN(ÌìËRegular Meeting of the Baldwin Park City Council AWARD CONTRACTS TO THE THREE LOWEST BIDDERS ON INTERIOR FURNISHINGS FOR PUBLIC SERVICES BUILDING CATEGORY 1) STEEL CASE, TO BASSETT BUSINESS INTERIORS, WHITTIER $107,848.12; CATEGORY 2) HERMAN MILLER, TO WESTFALL INTERIOR SYSTEMS, LOS ANGELES $42,776.28 AND CATEGORY 3) MISCELLANEOUS ITEMS, TO WARNER-WEST INC. $85,864. M/S/C: HAMILTON/KITCHEL./ Rot 1 Call. There were no objections. Chief of Police Chetlino stated that they have experienced problems since converting to propane as fuel for the City Vehicles. They have investigated the alternatives and recommended that the vehicles be con- verted to unleaded fuel at a cost of $1100. AUTHORIZE FUEL CONVERSION FROM PROPANE TO UNLEADED GAS ON CITY VEHICLES. M/S: KITCHEL/ AGUILAR. There were no objections. AMEND BUDGET FOR $1,072.35 APPROX. $1100) FOR FUEL CONVERSION. M/S/C: AGUILAR/HAMILTON. Roil Call. There were no objections. 00- Deputy Acting City Attorney McEwen proposed an Urgency Ordinance repealing Urgency Ordinance No. 756 to permit the Mamones to obtain a building permit rather than waiting 45 days for the effective date of Ordinance 760. ORDINANCE NO. 761, REPEALING ORDINANCE NO. 756 RELATING TO AN INTERIM MORATORIUM ON CONSTRUCTION OF MOBILE HOME PARKS URGENCY) WAIVE FURTHER READING AND ADOPT ORDINANCE NO. 761. M/S/C: AGUILAR/BLEWETT. Roll Ca11. There were no objections. 00- Deputy Acting City Attorney McEwen referred to a request from Stephan DeSates, Roger Tremblay's attorney, that Roger Trembtay be represented by the City of Baldwin Park in the lawsuit brought by Thelma Duncan against the City and also Roger Trembtay. He stated that Chubb-Pacific was providing the defense for the City and that the City's obligation in providing a defense for Roger Trembtay was conditioned upon the actions alleged in that complaint having taken place in the course and scope of his duty. If the Council determined that the actions involving the wiretap of Thelma Duncan's phone in the City Hail were within the scope of his duty, they should elect continued) September 15, 1977 Page 6 AWARD CONTRACTS TO THREE LOWEST BIDDERS 1) STEEL CASE TO BASSETT BUSINESS INTERIORS, WHITTIER $107.848.12; 2) HERMAN MILLER TO WESTFALL INTERIOR SYSTEMS, L.A. $42,776.28; 3) MISC ITEMS TO WARNER-WEST INC., WOODLAND HILLS $85,864 REMOVAL OF PROPANE AS FUEL FROM CITY VEHICLES AUTH. FUEL CONVERSION FROM PROPANE TO UN- LEADED GAS ON CITY VEHICLES AMEND BUDGET FOR FUEL CONVERSION $1100 ORD. NO. 761, REPEAL- ING ORD. NO. 756 RE INTERIM MORATORIUM ON CONSTRUCTION OF MOBILE HOME PARKS URGENCY) ORD. NO. 761. WAIVE FURTHER READING AND ADOPT THELMA DUNCAN VS. CITY OF B.P. & ROGER TREMBLAY BIB] 37657-U01 1977-U02 09-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9729-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 09 15 CC MIN(ÌìË Regular Meeting of the Baldwin Park City Council September 15, 1977 Page 8 An Ordinance prepared by the City would be ineffective to use to prosecute anyone defacing a wall. There was already a $500 fine or thirty days in jail or both if they were arrested for a violation of this Section. Chief CheTlino had said he did not recall if anyone had ever been prosecuted under that Section or if they had just been arrested under some other form of malicious mischief. He stated that setting up a reward leading to the arrest and conviction I" an offender would be a valid expenditure of blic funds but would cause administrative oblems. He suggested that the Staff contact her cities relative to their handling of ward or City beautification programs. uncit agreed that many of the other City's proaches had been tried here. Councilman Aguilar suggested writing tetters to put pressure on judges. Mayor Waldo suggested that the Staff make a survey of surrounding cities and their procedure leading to arrest and conviction of someone de- facing private property and bring a report back to the Council. He stated a campaign should be mounted to bring pressure to bear on the court system. Councilman Hamilton slid he had hoped that several Valley City Councils would adopt Ordinances with teeth" in them and put pressure to bear upon judges who did not hand out sentences commensurate with the crime of defacing property. He stated that 21 persons had been arrested several years ago for painting graffiti but none had been prosecuted. Mr. McEwen said there was adequate provisions in the present law. It was a matter of the enforcement of the law. Councilman Hamilton said there would be a seminar Saturday at Cat Poty, including the topic of graffiti. He stated that members of the Council would be attending and hope- fully come back with a recommendation on how to combat this. Other methods had been Ied. or or Waldo suggested sending letters to ies, mayors and City Councils in the San riel Valley, asking them to pass a Resolution ing the courts to take a tough stand on the facing of property and put pressure on the judges and elected officials in Sacramento. He stated there had been a movement in the past to ban aerosol spray paint but the bill had not been passed. Mr, McEwen stated that cities have the right to regulate the sate of spray paint and that it could be made a misdemeanor for anyone under 18 years of age to possess a can of spray paint. Mayor Waldo suggested asking the Staff and City Attorney to research this and give the Council alternatives. He said it had been suggested at the Joint Meeting of the Planning Commission frnntinupri^ ies rie ing act BIB] 37657-U01 1977-U02 09-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9729-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 09 15 CC MIN(ÌìË Regular Meeting of the Baldwin Park City Council September 15, 1977 Page 7 to provide his defense and refer to the insurance carrier. If they determined that they were not within the scope of duty, they did not need to provide him with a defense. He said if the Council chose not to provide for his defense and the court later determined that his actions were within the scope of duty, he could have a claim against the City for the cost of the attorney fees. He stated there were three options: 1) deny coverage, 2) grant coverage and 3) refer to the insurance carrier to see if they can provide coverage, and if they can't, hire outside counsel to defend him. He stated that Attorney DeSales had offered to defend Roger Tremblay at a rate of $75 to $100 per hour plus costs. Councilman Hamilton stated that he believed that Roger Tremblay's actions had taken place in performance of his duties. Councilman Blewett said he knew there was a lawsuit pending against the City and Roger Tremblay, but didn't really know what had happened. He asked if there was any acknowledgement that it had happened. Mr. McEwen said that the records he had reviewed showed clearly that the wiretap had taken place; they must determine whether he acted in the scope of his duty. Councilman Blewett Scn'd that a11 these questions had come up during the personnel hearings and that if the City's insurance carrier gave defense to the City, they should also give defense to Tremblay. He said if the two police officers had been guilty, then the City had probably also been guilty. Mr. McEwen said that the obvious defense for the City was to charge that the individuals were acting on their own and not within the scope of their duty. This could make the individuals personally liable. He stated he had been informed by Stephan DeSales that the attorney now hired by the insurance carrier had said that he would declare a conflict of interest so that they would not be able to represent Tremblay, but he could not say positively that this was true. DENY REQUEST AND REFER TO INSURANCE CARRIER. M/S/C: HAMILTON/AGUILAR. Roll Ca11. There were no objections. 00- At 8:45 P.M. Mayor Waldo declared a brief recess. 00- At 8:52 P.M. the meeting reconvened. Ro11 call was the same as before. Acting Assistant City Manager Sexton stated that at the joint meeting of the Planning Commission and the City Council, Council had requested preparation of an Ordinance on graffiti. Deputy Acting City Attorney McEwen stated that Section 594.5 of the Penal Code already provided that painting graffiti was a misdemeanor and would preempt any Ordinance adopted by the City. continued) DENY REQUEST & REFER TO INSURANCE CARRIER TREMBLAY) 8:45 P.M. RECESS 8:52 P.M. MEETING RECONVENED Gf^AFFITTI ORDINANCE BIB] 37657-U01 1977-U02 09-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9729-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 09 15 CC MIN(ÌìËRegular Meeting of the Baldwin Park City Council September 15, 1977 Page 9 and the City Council that the local judges be invited to ride for an evening with the local police once a month to see the problems first hand. Councilman Kitchel said many cities were taking action by passing Resolutions and asking other cities to endorse them and he felt that this City should take leadership on this issue and see what kind of response they could get rom the surrounding communities. He asked hat Staff prepare a Resolution that could be cted upon at the next Council Meeting. ouncitman Aguilar stated that offenders hould be arrested repeatedly until the judges were tired of looking at them. Councilman Hamilton said he agreed, but suggested waiting for input from the Saturday seminar. Mayor Waldo stated that the Staff and City Attorney could still have something prepared to vote on at the next meeting. 00" Councilman Blewett requested that the City Council, including the Acting Assistant City Manager and the Deputy Acting City Attorney, adjourn to an executive session following Oral Communication to discuss a personnel matter, 00- Councilman Aguilar said that Council members had been informed that the City Newsletter would not be published until after the election November 22. He requested that an October edition be published with only information relative to all the organizations under Mid-VaHey Consortium that give services in Baldwin Park. There were organizations that give medical training, dental assistance and other training which people in Baldwin Park are not aware of. He asked that it contain only information relative to the type of service, where it was located and Iho to contact. yor Waldo stated that it had been agreed hen the Council decided to issue a City ewsletter that it would not be published for 90 days before an election. Councilman Hamilton stated that the news media would probably publish information on these services without expense or the Council could pay for an advertisement. He stated that the cost of the four issues of the City Newsletter in the last year had cost over $17,000, not including wages. Councilman Aguilar stated that the City should buy space in the newspapers to publish the training programs available to the people of Baldwin Park. continued) EXECUTIVE SESSION REQUESTED CITY NEWSLETTER BIB] 37657-U01 1977-U02 09-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9729-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 09 15 CC MIN(ÌìË 1977 09 15 CC MIN(ÌìË Regular Meeting of the Baldwin Park City Council September 15, 1977 Page 11 Councilman Hamilton confirmed that the original CRA project area was dead and that the Council had no other recourse but to vote to start a new study area and start afresh with a new project as though it had never been done. He said he had voted to continue as there was a lot of non-productive land there and this time they would adopt an area that will be upheld in court if it is tried. Councilman Blewett requested that he be provided with relevant copies of the court case. Mr. McEwen said he had understood that Councilman Blewett had received a copy and that he would provide that Acting Assistant City Manager with a copy to be distributed to the Council. Councilman Blewett stated that he had heard from people that they were declaring that vast areas that were to be redeveloped were not blighted. Mr. McEwen said this was essentially what the court had said, based upon the record. The record had not demonstrated blight. Councilman Blewett stated that he felt each Council member should read the record and make their own decision, because there was no reason to spend $50,000 if they weren't going to win the case. 00- Councitman Aguitar stated that in 1976 the City Clerk had had two positions, City Clerk and Administrative Aide, and he had taken away the position of Admin- istrative Aide. Since then he had requested a study relative to making the position of City Clerk appointive rather than elective, but had not received a report. He requested a study by the next Council Meeting and said he believed the City Clerk's position should be appointive.and would like to have this decided in the March election. Her salary, if appointed, would be $14,000 yearly, and would take effect when or after the present City Clerk retires or fulfills her term. Councilman Blewett stated that the City Clerk was being paid only $350 per month now for what she does. Councilman Aguitar said he had nothing personal against the City Clerk, but that it had not been right for an elected official to have a City job. If the voters approved it, he would like to have it an appointive position at a salary of $14,000 per year. He said if they could do it, they could raise the City Clerk's salary now, but if the issue was voted down by the people, the elected position salary would go back down to $350. He stated everyone would want to run for an elected position of $14,000 per year. Deputy Acting City Attorney McEwen stated the City Clerk's salary could only be continued) CITY CLERK POSITION BIB] 37657-U01 1977-U02 09-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9729-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 09 15 CC MIN(ÌìËRegular Meeting of the Baldwin Park City Council September 15, 1977 Page 12 raised by appointing her to an employee's position as he believed there was a restriction on the amount of money she could receive as the City Clerk. She could be appointed as Administrative Aide or whatever employee position she held before. Councilman Aguilar said then they would be in the same position as they were before. He asked Mr. McEwen to check on this information and whether she could be reimbursed retroactive to July, 1976. Mr. McEwen said that this was prohibited by the Constitution. 00- A.C.A. PREPARE A REPORT RE CITY CLERK POSITION FOR NEXT COUNCIL MEETING Jeanne Martens, 14621 Channing, suggested that the City publish a booklet including organizations and City services available to the citizens. She said she was trying to establish d Welcome wagon and would like to have some kind of non-political directory to refer to and present to newcomers. She stated she had heard Mr. Aguilar say that he had requested a study on the City Clerk position in 1976 and that she didn't foel Mrs. Balkus should be penalized by not having her salary made retroactive because someone had not made the study. 00- Gtoria Zook, 817 North LaRica, stated that when she was a part of the Service Council they iad issued a City brochure and could proi)ab1y get funding to do this. She said the Chamber of Commerce was presently issuing directories. She referred to the issue regarding Mrs. Balkus being on an appointed or elected City Council. She asked that the Council think carefully about this and place it on the November 22nd ballot. She said the people have never voted to have an elected official or post taken away. She stated that Mrs. Balkus had served the City long and well; had gone through City Manager school and acted as City Manager and was now being paid only $350 monthly white some City Clerks are paid $16,000 per year. She stated that in her opinion everyone on the City Council could be dispensed with except Mrs. Balkus, oo- JEANNE MARTENS RE PUBLISHING CITY DIRECTORY & CITY CLERK POSITION GLORIA ZOOK RE CITY BROCHURES & CITY CLERK POSITION Tom Carpenter, 4346 Jerry, referred to the CRA project and said it would be the same area as before, except for ten acres. He said the Big Datton area included 200 homes and businesses and that they had been told it would be a one-time shot." If the Council was going to go back and study 80 acres there, they should te11 the people. He related what the citizens had been totd before by the Council, in newspapers and tetters. He stated they were backtracking over something that they had been totd wasn't valid and that they would be totd that again, after allocating $50,000 for the study. He TOM CARPENTER RE CRA & NUISANCE HEARINGS continued) BIB] 37657-U01 1977-U02 09-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9729-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 09 15 CC MIN(ÌìËRegular Meeting of the Baldwin Park City Council said that all the lawsuits were being lost by the City and were a robbery of the taxpayer's money. Ho referred to a statement made at the joint Planning Commission and City Council Meeting, if they don't repair their homes we will tear them down," and said hundreds of public nuisance cases had been cited where people had been forced one way or the other to come to their terms. He referred to the public hearing relative to nuisances as a gimmick" where the hearings were held in private. 00- September 15, 1977 Page 13 Bob Izell, 4108 Walnut, asked if he could yield five minutes of his time to allow Mr. Carpenter to speak further. When told no, he stated that anyone from any part of California could stand in front of the mike and speak as long as they want to on any subject but that the people of Baldwin Park were limited to five minutes. Mayor Waldo said that they were limited to five minutes to speak under Oral Communications. Mr. Izett said that that was what he was protesting, that anyone else could speak for an hour but that the people of Baldwin Park were limited to five minutes. BOB IZELL RE FIVE-MINUTE LIMIT ON ORAL COMMUN. Sandra Neal, 3818 Athot, asked Deputy Acting City Attorney McEwen if it was true that City employees were not allowed to sign petitions and become politically involved. She had been told this by five employees when she had carried petition?. Mr. McEwen said this was not true. Mrs. Neat asked if Public Information Officer Leo Sopicki could become involved. Mr. McEwen said, certainty, on his own time. Mrs. Neat stated that she wished to lodge a complaint and that she had a lawyer if the Council didn't take steps and it was necessary. She referred to a picture published in the Herald- Press entitled Btewett Protest" in which she said her son could be seen very we11 and said the picture was taken during a City Council Meeting. She said the Tribune had been totd that the protesters were in support of the recall and Councilman Btewett but that her family had been used in a newspaper by a City employee that her taxes pay for. She said the Public Information Officer had taken the picture and sent it to the newspaper without knowing what it was about. She stated he should be continued) SANDRA NEAL RE EMPLOYEES POLITI- CALLY INVOLVED AND PUBLIC INFORMA- TION OFFICER BIB] 37657-U01 1977-U02 09-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9729-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 09 15 CC MIN(ÌìËRegular Meeting of the Baldwin Park City Council fired for taking pictures during the City Council Meeting and conducting his own business with the press. She said a small retraction had been made, but not a picture with the truth. 00- Fred Martin, 3749 North Ahern Drive, said Lucky Markets had refused to sell a can of sprav paint to someone under 18 without identification, saying that was the state law. He asked who was responsible for selling spray paint to persons under 18 and said he had never seen a list of those who had been picked up for spraying graffiti. He stated that graffiti should be removed as it is painted on, either by the property owner or else be cited as a nuisance case or by the Parents and Youth Committee. He referred to the appearance of Webster's Disposal building and said that no businessman would want to build in this City because this would be the way his building would took later. He said the police should be called and the kids should be picked up and graffiti removed after it was painted on. James Gregg, Baldwin Park Welfare Rights, reported that the stop sign at Merced Ave. and Los Angeles Street was so deeply buried in the trees that it could not be seen and could cause a dangerous accident. He also said that the state mandated that the press give donated space to publish information on service organizations. 00- Deputy Acting City Attorney McEwen stated that the insurance costs to the City would be cut down immensely if citizens would report dangerous conditions as Mr. Gregg had done, especially now that the City is self-insured. Councilman Hamilton referred to Tom Carpenter's remark about the number of homes in the Puente/Merced redevelopment area. He said that the homes Mr. Carpenter was talking about and the ones Councilman Hamilton had sent letters to were not in the project area but were in the study area. He stated that after a project area was adopted it was necessary to study how people and the environment will be affected. He said someone had gone into the area with a11 the homes and given them wrong informa- tion that their homes were going to be taken and that he had sent them a tetter telling them this was not true and that there were no plans in the future for taking their homes. oo- Septemoer 15, 1977 Page 14 FRED MARTIN RE GRAFFITI JAMES GREGG RE STOP SIGN & PUBLICATION OF SERVICE ORGANIZA- TIONS COUNCIL DISCUSSION BIB] 37657-U01 1977-U02 09-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9729-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 09 15 CC MIN(ÌìËRogu'iar Meeting of tr,e Baldwin Park City Council Ar 9:47 P.M. iilL Cm COUNCIL ADJOURNED TO EXLCUTIVL SESSION TO DISCUSS PERSONNEL MATTERS. M/S/C: WALDO/HAMILTON. There were no objections 00- At 11:04 P.M. the City Council reconvened. Roil Call was the same as before, with the exception of Director of Planning K-itgour, Director of Finance Hattoway and Chief of Police Cheltino. No action had been taken. AT TI:05 P.M. THE MEETING ADJOURNED TO 7:30 P.M. THURSDAY, SEPTEMBER 22, 1977 FOR A JOINT MEETING WITH THE JOB OPPORTUNITIES COMMISSION. M/S/C: AGUILAR/HAMILTON. There were no objections. 00- September 15, 1977 Page 15 9:47 P.M. EXECUTIVE SESSION 11:04 P.M. COUNCIL RECONVENED 11:05 P.M. MEETING ADJOURNED TO THURS., 9/22/77, 7:30 P.M. FOR JOINT MEETING WITH JOB OPPORTUN- ITIES COMMISSION THELMA L. BALKUS, CITY CLERK APPROVED: Or^^eA) 6 1977 Date of Distribution to City Council: September 30, 1977 Date of Distribution to Departments: September 30, 1977 BIB] 37657-U01 1977-U02 09-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9729-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 09 15 CC MIN(ÌìËREGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL CITY HALL COUNCIL CHAMBERS) 14403 East Pacific Avenue The City Council of the City of Baldwin Park met in regular session at the above place at 7:30 p.m. An invocation was given by Councilman Hamilton. Councilman Kitchel led the salute to the flag. Present: COUNCILMEN AGUILAR, BLEWETT, HAMILTON, KITCHEL AND MAYOR WALDO Roll Call: SEPTEMBER 15. 1977 7:30 P.M. INVOCATION FLAG SALUTE ROLL CALL Also Present: ACTING ASSISTANT CITY MANAGER SEXTON, DEPUTY 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 Absent: ACTING CITY MANAGER SEXTON 00- AT 11:05 P.M. THE MEETING ADJOURNED TO 7:30 P.M. THURSDAY, SEPTEMBER 22, 1977 FOR A JOINT MEETING WITH THE JOB OPPORTUNITIES COMMISSION. M/S/C: AGUILAR/HAMILTON. There were no objections. 00- 11:05 P.M. ADJOURNED TO THURSDAY. 9/22/77, 7:30 P.M. FOR JOINT MEETING WITH JOB OPPORTUNITIES COMMISSION /ffa^^r THELMA L. BALKUS, CITY CLERK DATED: SEPTEMBER 16, 1977 TIME: 10:00 A.M. BIB] 37657-U01 1977-U02 09-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9729-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1977 09 15 CC MIN(ÌìËAFFIDAVIT OF POSTING NOTICE PnmjOURNHENT flF MEETING' STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK THELMA L. BALKUS, beinq 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 September 15____^ 1977 said meetino was ordered adjourned to the time and place specified In the Notice of the Adjournment ATTACHED HERETO: that on September 16 1977. 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. September 15 1977 f^L4^> THEim L. BALKUS> C!TV CLERK Subscribed and sworn to before me this 19th day of April 1978 S-^^^-f'.^t^ s.^--^-- S^. OFFICIAL SEAL KERRt V/USON NOTARY PUSLtC CALIFORNIA LOS ANGELES COUNTY My comm. expires AUG 9, 1981 BIB] 37657-U01 1977-U02 09-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9729-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 September 15, 1977 Page 10 Councilman Blewett suggested asking the Staff to bring back a report to the Council on adver- tising costs. He stated that he could trust two of the papers to remain neutral but that the other one might give credit for all these programs to only one candidate; it could be used improperly. Councilman Aguilar said information on train- ing programs, low interest home loans and strong abatement enforcement should all be advertised. Councilman Blewett suggested that an edition be published one week after the November election, containing this information and no mention of Councilmen. Councilman Aguilar stated that the programs will start in October and that someone else may get the jobs before the November issue is published. Council discussion followed, with the decision to try to get news releases in all three news- papers at no cost to the City before purchasing advertising and to direct Staff to get informa- tion from Mid-Valley Manpower Consortium on their programs, and include Alchoholics Anonymous, Baldwin Park Service Council, and the Welfare Rights Organization and others. 00- Deputy Acting City Attorney McEwen referred to the decision of the Supreme Court to deny a hearing in the Regus vs. the City of Baldwin Park case. He said it will come back down to the trial court where they will enter judgement declaring the Puente/Merced Re- development Plan void. The Supreme Court's action had upheld the Appellate Court's action which directed a decree of judgement in favor of the plaintiffs in this case. Councilman Blewett said that the Council had authorized money for consultants for the Puente Avenue/South Baldwin Park Blvd. project and that he did not want to spend additional money if the project was dead. He said he wished to withdraw the expenditure of $50,000. Mr. McEwen said that that was for studying the new project and had nothing to do with the Regus case, because it was a different project area. Councilman Kitchel stated that since it was not going to be reviewed by the Supreme Court, they had no alternative but to proceed as originally planned to try to do something with that land. Mr. McEwen stated that they are starting in a fresh attempt to adopt a project area in a blighted area with an adequate record which the courts will uphold. continued) STAFF TRY TO PLACE NEWS RELEASES IN THREE NEWSPAPERS & GET INFORMATION FROM MID-VALLEY MANPOWER CONSORTIUM ON THEIR PROGRAMS AND OTHERS REGUS VS. B.P. LAWSUIT BIB] 37657-U01 1977-U02 09-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9724-U03 DO9729-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06