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HomeMy WebLinkAbout1978 02 02 CC MIN1978 02 02 CC MIN;¢f4ÈINDEX FEBRUARY 2, 1978 Invocation Reverend William Walter, Living 1 Hope Baptist Church Consent Calender 1 Approval of Minutes of January 19, 1978 1 Resolution No. 78-10 Claims and Demand'. 1 Resolution No. 78-11 Claims and Demand:. 1 Ordinance No. 766 Amending Section 2000 of the 1 Baldwin Park Municipal Code Relating to Council Meetings Resolution No. 78-12 Authorizing Acces1. to State 1 Summary Criminal History Information for Certain Limited Purposes Approval of Amendment to Joint Exercise of Powers Agreement, 1 East Valley Burglary Investigation Tean Approval of Agreement for Consulting Engineering Services 1 for 1977/78 Capital Improvement Progran Mohte, Perry & Associates) Approval of Agreement for Syhre Park Concessionaire 1 Bassett Little League) Concur with Recommendations on Consent alendar 1 Oath 2 Public Hearing, Appeal on I'arcet Map 94 i Appeal on 2 Conditions of Approval a1 4708 Walnut Street Gtenn and Joy Robinson Publications and Mailings No Written Protests Resume Public Hearing Open Gloria Zook in Favor of Appeal on Parcel Map 943 Dwaine Glass in Favor of Approval of Parcel Map 943 3 At Butterfietd not in Favor of Dedicating Community Driveway 3 Bertha Regus in Favor of Parcel Map 943, Plan D 3 Public Hearing Closed 4 Concur With Recommendation of Subdivision Committee 4 for Approval of Plan A Public Hearing CP-130 & CP-131 Revocation Appeal 4 on Decision of Planning Commission to Revoke C.U.P.'s to Operate Trailer Parks, 12819 E. Garvey Avenue Applicant: Eugenia Igna Publications, Postings and Mailings 4 No Written Protests 4 Recess 1 8:54 P.M. Reconvened 1 Continue Public Hearing on CP-130 Revocation and CP-131 1 Revocation to Thursday, March 9, 1978 at 7:00 P.M. Public Hearing, 1911 Act Short Form Parcel Cost 1 77-S-2 Northeasterly Side of Pacific Avenue Between 1 Stichman Avenue and Vinetand Avenue s) 77-S-3 Northeasterly Side of Pacific Avenue Between 1 Stichman Avenue and Dundry Avenue S) Postings and Mailings No Written Protests Public Hearing Opened Public Hearing dosed Resolution No. 78-13, Confirming Reports of Work of Superintendent of Streets, District No. 77-S-2 and 77-S-3 Insert Word No) in Section 1(F) Resolution No. 78-13 Adopted Public Hearing AZC-76 Proposed Enactment of Ordinance Adding Adult Business Regulations Sections 9900 9903 to Baldwin Park Zoning Code Publications BIB] 37656-U01 1978-U02 02-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9665-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 02 02 CC MIN;¢f4ÈIndex February 2, 1978 Page Two No Written Protests Written Communication, Free Will Baptist Church in Favor of AZC-76 Resume Public Hearing Opened Irene Mendoza re AZC-76 and Legislation on Adult Businesses and Pornography Reverend Walter re AZC-76 and Proposed Amendment William Watkins in Favor of AZC-76 Pastor Gregory in Favor of AZC-76 Richard McCullough in Favor of AZC-76 Representative from Baldwin Park Church of Christ Public Hearing Closed Ordinance to be Adopted When Three Councilmen are Present Written Communication, Chamber of Commerce re Support for Miss Baldwin Park Pageant, Parade and Carnival Seymour Holtzman, Executive Director, Chamber of Commerce Introduced Director of Planning Kitgour Fourth Year HCDA Projects Endorse Recommendations of HCD Review Panel, Planning Commission and Staff Recommended Items Boy's Club of Baldwin Park Funding Proposal Prepare Agreement Between City and Boy's Club for $3000/Month until End of June Property Acquisition for Ci^y Maintenance Yard Authorize Entering Escrow Agreement City Maintenance Yard New City Maintenance Yard to be Name^ AUer Councilman Hamilton Reserve Parking Space for Councilman Hamilton Myrtle Azquith re Stray Dogs Send Letter and Ca11 Dog Pound Mid-Valley Manpower Consortium Vacancies on Advisory Council Advertising for Qualified Persons for City Commission 9:35 P.M. Executive Session 9:50 P.M. Council Reconvened A.C.A. Flandrick re Executive Session on Pending Matters of Litigation Employ Kenneth W. Hoagland, Bakersfield Attorney, to Represent City in Pending Litigations 9:54 P.M. Meeting Adjourned to 2/9/78, 7:30 P.M., Joint Meeting with Youth Activity Advisory Commission BIB] 37656-U01 1978-U02 02-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9665-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 02 02 CC MIN;¢f4ÈUNOFFICIAL 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 Reverend William Walter, Living Hope Baptist Church. Councilman Aguilar led the salute to the flag. Roll Call: Present: COUNCILMEN AGUILAR, HAMILTON AND MAYOR BLEWETT FEBRUARY 2, 1978 7:30 P.M. INVOCATION FLAG SALUTE ROLL CALL Also Present: ACTING CITY MANAGER AND ACTING DIRECTOR OF PUBLIC WORKS SEXTON, ACTING CITY ATTORNEY FLANDRICK, DIRECTOR OF PLANNING KILGOUR, DIRECTOR OF FINANCE HALLOWAY, CHIEF OF POLICE CHELLINO, ACTING BUILDING SUPERINTENDENT DAWSON, CITY TREASURER MONTENEGRO AND CITY CLERK BALKUS 00- City Clerk Batkus presented the Consent Calendar: 1. Approval of Minutes of January 19, 1978 2. Waive Further Reading and Adopt RESOLUTION NO. 78-10 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 3. Waive Further Reading and Adopt RESOLUTION NO. 78-11 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Waive Further Reading and Adopt ORDINANCE NO. 766 AMENDING SECTION 2000 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO COUNCIL MEETINGS 5. Waive Further Reading and Adopt RESOLUTION NO. 78-12 AUTHORIZING ACCESS TO STATE SUMMARY CRIMINAL HISTORY INFORMATION FOR CERTAIN LIMITED PURPOSES 6. Approval of Amendment to Joint Exercise of Powers Agreement, East Valley Burglary Investigation Team 7. Approval of Agreement for Consulting Engineer- ing Services for 1977/78 Capital Improvement Program Monte, Perry & Associates) 8. Approval of Agreement for Syhre Park Concessionaire Bassett Little League) CONCUR WITH RECOMMENDATIONS ON CONSENT CALENDAR. M/S/C: AGUILAR/HAMILTON. Ro11 Ca11. There were no objections. CONSENT CALENDAR APPROVAL OF MINUTES 1/19/78 RES. NO. 78-10, CLAIMS & DEMANDS, WARRANT NOS. 9633 THRU 9748, PAYROLL 12/25 THRU 1/21/78 RES. NO. 78-11, CLAIMS & DEMANDS WARRANT NOS. 110 & 111 ORD. NO. 766, AMENDING SECTION 2000 OF B.P. MUNICIPAL CODE RE TO COUNCIL MEETINGS RES. NO. 78-12, AUTH. ACCESS TO STATE SUMMARY CRIMINAL HISTORY INFORMATION FOR CERTAIN LIMITED PURPOSES APPROVAL OF AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT, E. VALLEY BURGLARY INVESTIGATION TEAM APPROVAL OF AGREEMENT FOR CONSULTING ENGRG SERVICES FOR 1977/78 CAPITAL IMPROVEMENT PROGRAM APPROVAL OF AGREEMENT FOR SYHRE PARK CONCESSIONAIRE CONCUR WITH RECOMMEND- ATIONS ON CONSENT CALENDAR BIB] 37656-U01 1978-U02 02-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9665-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 02 02 CC MIN;¢f4ÈRegular Meeting of the Baldwin Park City Council City Clerk Balkus administered the Oath to those in the audience desiring to be heard during the public hearings. 00- It was the time and place fixed for a public hearing on Parcel Map 943 An Appeal on the conditions of approval of Parcel Map No. 943 for property located at 4708 Walnut Street Owner: Glenn and Joy Robinson Continued from January 19, 1978) Proper publications and mailings had been accomplished. There were no written protests on the public hearing. Director of Planning Kitgour referred to information contained in his staff report relative to the sixteen incidences of verbal and written communication with Mr. Robinson on the matter and alternative lot layout plans which had been prepared. He summarized Plans A, B, C and D and stated that Plan A was the recommend ation of the Subdivision Committee. It consisted of two 9,240 square foot parcels and was the proposal which complied with all City regulations, with no variances required. He said that Mr. Robinson had indicated the possibility of dedicating his 14 ft, driveway and the 14 ft. driveway of his neighbor, which they shared, as a public alley to be property improved to city standards on Lot D. Parcel 2 would then have a dedicated street access and would comply with the Subdivision Map Act. Variances would be required on lot area on a11 three parcels as well as frontages on parcels 1 and 2. Mayor Blewett declared the public hearing open, Gloria Zook, 4817 North La Rica, expressed concern on this special appeal and said that building on the deep lots in town would bring more tax money to the City and that the Planning Commission sometimes seemed to be serving themselves rather than the City and residents in the City. Gtenn Robinson, 4708 Walnut, presented background information leading to the appeal on Parcel Map 943. He said he had paid a $100 fee in addition to the $50 appeal fee. He had been presented four alternative plans for the use of his property. It had originally been laid out with a community driveway 28 ft. in width, each side consisting of 14 ft. This driveway had served the homes very satisfactorily since they were built. He said he had an additional 10 ft. dear space from the curb to the house and that there was more than adequate room for fire and emergency equipment to reach the house on the center lot which would be 100 ft. from Walnut Street. He stated that creating a public alley there would be an invasion of privacy as it could be used the same as a public street. There were fire hydrants in dose proximity for better fire protection facilities than provided in other areas of the City. He had already dedicated footage on Walnut Street for street, curbs and gutter and now the City wanted 30 ft. from the rear of the property plus 20 ft. out of the center and over $4000 for public improvements. continued) February 2, 1978 Page 2 OATH PUBLIC HEARING APPEAL ON PARCEL MAP 943 APPEAL ON CON- DITIONS OF APPROVAL AT 4708 WALNUT STREET GLENN & JOY ROBINSON PUBLICATIONS & MAILINGS NO WRITTEN PROTESTS RESUME PUBLIC HEARING OPEN GLORIA ZOOK IN FAVOR OF APPEAL ON PARCEL MAP 943 BIB] 37656-U01 1978-U02 02-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9665-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 02 02 CC MIN;¢f4ÈRegutdr Meeting of the Baldwin Park City Council February 2, 1978 Page 3 He said he was willing to pay a reasonable fee for public improvements but that it was unreason- able to expect to take this kind of a fee and to have a driveway dedicated out of the center of the property. His neighbor had considered construction of another house on his property but had become discouraged when he heard of the high costs and delays that Mr, Robinson was encountering. He stated that he preferred Plan D without having to dedicate the community driveway. If the driveway was dedicated as a public alley, the City would have the expense of maintaining it and some of the streets were not maintained very satisfactorily. This expense to the City could be eliminated if it was under private control. Dwaine Glass, 14345 E. Garvey, said that Council had been informed that spot zoning" was illegal but that the County sometimes overrode zoning because of existing nonconform- ing dwellings adjacent to the property in question. He said he understood that the properties on either side were almost identical to the way Mr. Robinson would like to see his property and that he felt one more property the same would not hurt the City. Two more buildings would mean more tax for the City. He suggested that the City lessen the cost of the public improvements fcr Mr. Robinson and allow him what was allowed on either side of him. At Butterfietd, 4702 Walnut, stated he had shared Mr. Robinson's driveway with him for twenty years satisfactorily and that he did not want to dedicate the driveway as a public alley. Bertha Regus, 5013 Cutler, stated that Plan D would utilize Mr. Robinson's property to the best advantage and that this plan should be approved with the use of his driveway con- tinued the way it had been of 20 years. Acting City Attorney clarified with Mr. Kitgour that Plan D would require a zone variance. Mr. Kitgour stated there would be an application fee oF 125 to bring Plans B, C or D before the Planning Commission in an advertised public hearing for a variance from the Zoning Code for lot area and lot width. Mr. Robinson said he understood this. He asked how long the entire process /ould take. Mr. Kilgour said, usually about six weeks, based on the date of filing the application. He con- firmed that it was possible for the Planning Commission to deny it, requiring another $50 filing fee for another appeal and totalling $175 to get it back to the Council again. Mr. Robinson said he understood this. Further discussion followed relative to the refusal of Mr. Robinson's neighbor to dedicate DWAINE GLASS IN FAVOR OF APPROVAL OF PARCEL MAP 943 AL BUTTERFIELD NOT IN FAVCR OF DEDICATING COMMUNITY DRIVEWAY BERTHA REGUS IN FAVOR OF PARCEL MAP 943, PLAN D continued) BIB] 37656-U01 1978-U02 02-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9665-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 02 02 CC MIN;¢f4ÈRegular Meeting of the Baldwin Park City Council February 2, 1978 Page 4 his 14 ft. of driveway for a public alley and the need for 28 ft. of dedicated alley. Mr. Robinson stated that he had a 14 ft. driveway with another 10 ft. dear from the curb to his house, but he saw no reason to dedicate this private driveway for a house 100 ft. from the street. As there was no further testimony in behalf or in opposition to the Appeal on Parcel Map 943, Mayor Btewett declared the public hearing dosed. Councilman Aguitar stated that Mr. Robinson did not want to dedicate his driveway and that he was not in favor of Plan D or having an easement because of the problems caused by easements in the past. Mayor Btewett said that arguments made that since other neighbors had the same thing it could be done had some validity but that the zoning codes had been changed to upgrade dwell- ings in the City and he was in favor of denying the appeal. Acting City Attorney Ftandrick stated that zoning variances were required for alt plans but Plan A. In order to approve Plan D, the zone variance must be obtained before a build- ing permit could be issued and the question settled regarding how many feet were necessary for easement access to the interior lot. Councilman Hamilton said he would only be in favor of Plan D if a11 the requirements were legally met. Mayor Blewett said he favored Plan A but that Plans B or C would give Mr. Robinson some utilization of his land. Mr. Kitgour summarized his recommendations and the requirements on Plans B, C and D for variances to the zoning code. Councilman Aquitar said that if the Planning Commission denied the zone change again, the Council would again have to consider a variance. CONCUR WITH RECOMMENDATION OF SUBDIVISION COMMITTEE FOR APPROVAL OF PLAN A. M/S/C: AGUILAR/HAMILTON. Roll Call. There were no objections. 00- It was the time and place 1ixed for a public hearing on CP-130 Revocation and CP-111 Revocation An Appeal on the decision of the Planning Commission to revoke Conditional Use Permits to operate trailer parks at. 1281Q East Garvey Avenue and 12793 East Garvey Avenue Applicant: Euqenia Igna, by Virgil R, F. Igna, Attorney in Fact Continued from January 19, 1978) Pubticdtions, postings and mailings had been accomplished. There were no written protests. continued) PUBLIC HEARING CLOSED CONCUR WITH RECOMMEND- ATION OF SUBDIVISION COMMITTEE FOR APPROVAL OF PLAN A PUBLIC HEARING f,p- 130 CP-rjt REVOCA- TION APPEAL ON DE- CISION OF PIANNTNG COMMISSION TO REVOKE C.U.P.'S TO OPFRATr TRAILER PARKS VW-} E. GARVEY AVE. APPLICAUT: EUGENIA IGHA, ATTY. IN FACT CONT. FROM 1/19/78) PUBLICATIONS, POST- INGS & MAILINGS NO WRITTEN PROTESTS BIB] 37656-U01 1978-U02 02-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9665-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 02 02 CC MIN;¢f4ÈRegular Meeting of the Baldwin Park City Council February 2, 1978 Page 5 Mayor Blewett The next item is CP-130 and CP-131, which is the hearing on the Igna property and I will turn that over to who is handling that for the City? Director of Planning Kilgour I will initially handle that. Mayor Blewett Okay. Director of Planning Kilgour Mr. Mayor Mr. Mayor and members of the Council we have two cases of revocation Conditional Use Permit No. 130 and 131. we wi11 take them as one public hearing if there are no objections on that. I think it will speed up the process. I want to state that durinc that Councilman Aguitar Excuse me. Mayor, w111 you ask the attorney if he will mind if we have them both in one public hearing? Acting City Attorney Ftandrick The proposal, Mr. Martin, is to combine the two matters in a single hearing but act on them separately. Do you have any objection to that? Attorney Martin No, they are very similar a few different points, I have no objections as long as the individual attention to the items may be given and not be treated in a summary or conclusionary fashion. May I what is your preferred order of procedure? Is he going to make the Mayor Blewett Yes, the prosecution first. Mr. Kitgour Alright, Mr. Mayor I might state as part of the record that the property owner and her attorney were mailed the staff reports and all of this back-up information of the staff reports. A little synopsis on this is that on November 23 of 1977, the Planning Commission opened the public hearing to consider revocation of both of these matters. After presentation of the staff report and testimony from the audience, the Planning Commission adjourned to the November 25th on to the site of both of these cases. I wi11 later present photographs which were taken at that time on the site. Then the hearing was continued to December 14 when, after reviewing photographs of the site and taking additional testimony, the Planning Commission took action to revoke the Conditional Use Permits. On December 28, 1977 Virgil Igna for Eugenia Igna appealed the Planning Commission decisions, within the staff reports we have some background of this situation. The Building Division with Mr. Dawson here to my right) has conducted public nuisances regarding the health and safety measures on this. Mayor Blewett Excuse me. Can't you hear, Mr. Martin? Mr. Martin No, I can't hear. Mayor Blewett Okay, why don't we give him a chair right up here in front? Mr. Kitgour There were public nuisance cases held on both these matters and it was constituted to be a public nuisance at that time. As a result, the revocations of these Conditional Use Permits were brought before the Commission. You might note that the companion action by other agencies relative to this case are as follows: The L.A. County Tax Collector permit to operate a trailer park has been revoked; Los Angeles County Health Department court action is pending regarding health standard violations of the apartment units. Some notes on the physical character- istics and notices of hearing that findings of fact for revocation which are from the Zoning Code there are four of these and then the findings of the Planning Commission and in there we relate to the various sections of the Conditional Use Permit wherein the and then below that is a comment where the Conditional Use Permit conditions have been are in violation. That was in fact No. 3 as far as a finding that the Conditional Use Permit granted as being or has been exercised contrary to the terms and conditions of such approval are in violation of any law and then in fact No. 4 was found by the Planning Commission that the use of being exercised in such a manner as to be detrimental to the public health and safety there was bound to constitute a public nuisance. Basis for that was testimony presented and actual photographs after visiting the site. Part of that testimony was from the public nuisance hearings which were generated on both of these cases. The staff recommendation BIB] 37656-U01 1978-U02 02-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9665-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 02 02 CC MIN;¢f4ÈRegular Meeting of the Baldwin Park City Council February 2, 1978 Page 6 is based on evidence which shows 1) that some of the terms and conditions of the Conditional Use Permit are being violated and 2) that the use is being exercised in such a manner as to constitute a nuisance and is detrimental to the public health and safety. Staff recommends the City Council uphold the Planning Commission action of December 14th and revoke the Conditional Use Permit and deny the appeal. Then the report or attachments is the report from the Building Division of 9/21/77, report from Health Department of 5/23/77 and these are conditions on the sites. In addition, I have some photographs I would tike to pass around on both sites. The first group of photographs which are in black and white are from the original files relating to the development of the park. It was a park at one time and then they developed a Conditional Use Permit that brought it up to the Code at that time and if there are little marks on these photographs they are indicating the improvements to be made. If you wi11 note in there these were older trailers and apartment units to begin with and the site is quite dean and well kept at that particular time. These are from folders of CP-130 and CP-131. These were dated May 19, 1971. Then in addition to that I have Acting City Attorney Flandrick Excuse me, Mr. Kitgour. You marked a11 of those documents Exhibit A and there were how many sheets? Seven is that right? Director of Planning Kitgour Yes, there are seven of Exhibit A. As Exhibit B I present, I believe there is nine sheets. Mayor Btewett Excuse me just a minute. Judy, could you move this way and Mr. Martin, would you tike to come up here where you can sit so you can observe some of this evidence? That way maybe we can do this a tittle more efficiently, hopefully. Director of Planning Kitgour There are nine sheets that should be indicated as Exhibit B. These are initially photographs of the Planning Commission inspection on their adjourned meeting of November 25, 1977. On top of these there are recent photographs dated January 27, 1978 and if you will these are taped right over the other photographs of exactly the same situation. In almost every case conditions have become worse. They have deteriorated beyond that of the Planning Commission meeting date of November. It is just a short few months. It is on Page 1. On Page 2, the same type of things. The improperly vented gas heater, this rodent harborage, trash, deteriorated foundations. On Page 3, unvented gas heater, deteriorated shower. On Page 4, deter- iorated exterior wall there is actually a hole in it), unvented gas heater this one heater has been repaired, I might indicate). There is an uncovered meter box, the pole on which is broken it is leaning, it's beginning to fall. Unscreened trash containers and broken windows and actually broken open trailer on Page 5. And on Page 6 these are deteriorated shower watts at Apt. 8, 12793 Garvey, and also the deter- iorated toilet and watt and shower watt. I was not able to get into these apartments by the way, to get new photographs because these had been re-rented on these photographs and these situations on Page 6. Same thing on page 7. Councilman Aguitar Excuse me, Mr. Kitgour. Just since January 28 they have been re-rented? Director of Planning Kilgour Yes, they have. Excuse me. Those photographs in your hand on Page 6 are from November 25 and it has been re-rented since that date. I couldn't they were padlocked and I could not get in except to get photographs to see if there were any improvements. It may have been rented in these conditions as shown on Page 6 and 7 a hole in the watt and improper venting and electrical conditions. On Page 8 unscreened trash areas, exposed electrical wiring and there is a dead rodent that is photographed on November 25 on the side. On Page 9 there is deteriorated ceiling on Trailer 9. That first photograph underneath it is just sagging from teak now it has completely fatten out in fact, this trailer has been completely gutted and the steps have been broken and torn away and there is an improper electrical connection. Additional photographs on the site these are of January 27, our inspection there. continued) BIB] 37656-U01 1978-U02 02-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9665-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 02 02 CC MIN;¢f4È Regular Meeting of the Baldwin Park City Council February 2, 1978 Page 7 Apartments and these are unoccupied apartment units. They show broken wall and plumbing fixtures that are deteriorated ceiling where the electrical connection is bare wires exposed and a trailer where the interior has been gutted out broken out all the windows are gone. Some other abandoned trailers this is on these should be Exhibit C Pages 1, 2, 3 and 4. These are just the most recent photos by themselves. There are some abandoned trailers and shows some people living in the court area. You can see the windows are missing in these trailers, an abandoned vehicle, exterior of one of the deteriorated units with windows missing or broken. That was on Page 2. On Pege 3, we have condition of the men's room where tne toilet does not work and it is in very bad condition. The other three photos show plumbing deficiences to the sewer lines broken sewer lines there is one case where there is human excretement on the ground next to this trailer at that time of our last Friday was occupied and people were actually living in that trailer. That was on Page 3. On Page 4 there are two photographs here indicating where the City has repainted some of the exterior walls on a graffiti removal program, with Mrs. Igna's consent. It shows another wait that is in bad condition and has not been repainted and then an overall view of the trailer near the men's restroom. That is on Page 4. That is all of the photographs I have at this particular time. Mr. Dawson has similar photographs, if you wish to see them. These are on public nuisance. The public nuisance cases were held earlier. They are at an intermediate time to this and honestly in these last group of photos the color photographs are being the most recent they show the most deteriorated conditions. In addition to all of this, I understand that as of this last week, the water and electricity has been turned off on all of the units there. I believe Mrs. Igna's house and the store do have electricity and water. I believe those are the only exceptions but I know that the trailers and apartments that I observed did not have these utilities hooked in them. They were turned off for lack of payment. That's all I have at this particular moment. Mr. Flandrick, do you see anything that should be brought up right now? Acting City Attorney Flandrick No. Mayor Blewett Mr. Martin, would you like to Mr. Martin Yes. Mayor Blewett At this point I would declare the public hearing open but I would ask everybody to remain seated until Mr. Martin is through with his remarks. Mr. Martin Your honor and members of the Council Mayor Blewett Please speak right into the microphone. This is not a good speaking system. Mr. Martin Alt right, thank you. I'd like to make the observation first that I feel that this meeting should be in the nature or analogous to a trial de novo or an original trial and that I don't think it has started out that way and I think it should be converted to that. I respectfully suggest it would be errant to proceed on anything but the trial de novo basis. Although it is nominated an appeal, I don't believe that is the actual procedure called for. Acting City Attorney Flandrick That is correct, Mr. Mayor. It is in fact a trial de novo, if you wish to phrase it in that fashion. The Planning Director has presented some background information of public records on the two Conditional Use Permits and evidence indicating the present condition of the properties. Mr. Martin That being so interpreted, I would tike to object that the statements oh, did you ask me to stand? ayor Blewett No.) Excuse me. I would like to suggest that the statements that have been made by the first witness are partially heresay, largely condusionary they are not sworn testimony and I object to that presentation continued) BIB] 37656-U01 1978-U02 02-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9665-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 02 02 CC MIN;¢f4È February 2, 1978 Regular Meeting of the Baldwin Park City Council Page 8 as not being in the nature of a trial de novo. I object to some of the language or the thoughts and suggest that the Council treat it only as an opening statement and not consider any of the statements made therein as evidentiary. No objection to it as an opening statement of what he hopes to prove but as being evidence, I do object. There are a few things within the objection deterioration, I don't believe is the proper word. I think damaged would be acceptable or vandalized would be acceptable but to say that a house that is approximately or a living unit) that is approximately eight years old has deteriorated we will all vote on and accept as a true statement. They a11 do deteriorate in seven and eight years. A dead rat is certainly not a permanent fixture. You'll find them I'm sorry Mayor Btewett gavel ting) Excuse me. There will be no talking in the audience, please. Let's not interrupt the man. He has the right to Mr. Martin I think so far as the broken toilet. You can go to the very best the Statter Hitton and go through it and probably find ten of them being fixed every day some plumbing fixture's being fixed. I don't think those kind of things begin to prove your case. I'd like to ask, having made the objection, indicated just a few statements which I don't believe even constitute evidence if they came from the mouth of witnesses. If we have present the Building Division nuisance author here tonight Mayor Btewett we do. Mr. Martin with a full report rather than I respectfully request that a full report by the Building Division on its nuisance be given rather than a fragmentary and a summary statement from another witness be given. Is the Sexton Mr. Sexton, the City Manager, the full report available to him personally tonight? Mayor Btewett From who? Mr. Sexton? Mr. Martin Mr. Sexton. Mayor Blewett Mr. Sexton is the City Manager. He is not the Building Division. Mr. Martin Yes. Pardon Is his I mean, but reference is made Your Honor and Members of the Council have before it certain refer- ences to that report in summary and fragramentary form. I believe if that kind of evidence is to come in and it already is in), we are entitled to have him here to give his fu11 statement direct rather than to get it by heresay and partial form. So I am asking, if Your Honor please to respond as to whether or not he is here tonight to give a fu11 report. Mr. Ftandrick Well, Mr. Mayor, we win be haooy to respond as to whether when you are through Mr. Martin Alright. Unintelligible both talking at once) Mr. Ftandrick I imagine we will take them a11 at one time. Mr. Martin Alright, thank you. The next question is the Health Department Report here in fu11 or only in summary, hearsay and fragmentary form? Third, is Julian Dawson, the Plan Checker's report referred to and cited in the presentation given to this Council in written form here present? Do you intend to take the Chester Holder) Report of the Baldwin Park Building Department if May 23, 1977 as current and applicable and viable so far as this hearing goes? referred to in the written report submitted? Next, do you intend to take the Health Report dated May 17, 1977, also nearly a year old as something that you are going to consider as viable and current in the proceedings? Now, in addition to that I think Your Honor and Members realize I am making my statements and objection and I believe, in effect, that the units here described there are some 54 of them but of course that doesn't represent 54 people. I personally know and the records of Citrus Court wilt continued) BIB] 37656-U01 1978-U02 02-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9665-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 02 02 CC MIN;¢f4È Regular Meeting of the Baldwin Park City Council February 2, 1978 Page 9 bear out) that in the concerted refusal to pay rent of about three-fourths or better perhaps closer to 80% of the tenants on these properties that in order to serve them properly with the notice to quit, we have found around five or six adults per unit, friends, house guests that have stayed a few months, mistresses and all varieties of other adult permanent or semi- permanent people there. Mayor Blewett to disturbance in the audience) Let's keep quiet, He is making his statement. Mr. Martin It in no respect represents a near normal one-and- a-half members per family which you would therefor find consists of about 81 people. It's I haven't made a head count. I'm offering what my witnesses intend to prove that there is over 300 people in these units, including children. And I am coming now to, I think, my point with one other preferatory remark. If you take this action on something that is this old and as well established, I believe you are on the borderline of eminent domain action, if not over it; that these units, many of them are certainly fixtures or in the nature of real property. You are in effect condemning them without due procedure due process or compensation therefor and certainty the hearing, if it is supposed to be a trial de novo, as so far presented, at least, does not give us a chance to cross examine witnesses. We get the witness's testimony second hand or in summary through another person. Now with respect to the population of these two places I said that I don't know myself I have not made a head count but witnesses will testify that they constitute over 300 people in some 34 units). Councilman Aguilar Excuse me, sir. Mayor, I call for a point of order. We are not here to discuss the population of the trailer courts. We are discussing conditions of the trailer court. Mr. Martin Well, I can certainly can relate it, sir. I have a police report here, if you will bear with me, which will relate what I am now saying. Mr. Flandrick Well, let's break it into a couple of different parts here. You have made several objections and comments Let's comment on these first of all. Mr. Martin Yes, I'm willing to by all means. Mr. Flandrick The proceeding tonight is related to both of these cases both for Conditional Use Permits up for revocation. It is, in fact, a de novo hearing. At this point in time, the Council has heard from the Planning Director, Mr. Kitgour, who has summarized his written report and he is presenting that in the form of evidence, both oral and written. Attached to that report is a set of material prepared by Mr. Dawson, who is also present here tonight, who is the Superintendent of Building Inspection. These reports are now before the City Council. Both of these gentlemen are here and are available for any cross examination you wish to conduct with them. Mr. Kilgour's testimony relates not only to the material in the Staff Report but also to Exhibits A, B and C, those being the photographs we have referred to earlier. You are certainly free to pose questions through the chair to either of these two gentleman a turn to cross examination. The document which is attached to the City Council's staff report from the Health Department is, as you point out, several months old. The Health Department, Mr. Mayor, has over a period of years, indicated a willing- ness to prepare written material but will not present any of their people at hearings of this kind, although we have asked them to do so. If this were a trial in the Superior Court or Municipal Court civil action criminal action what have you certainly these reports would not be admissabte as that report would not be admissable as such. However, this is an administrative proceeding. You know rules are simply those of the substance of the rules of evidence. If you receive written material which appears to be trustworthy, you may accept it with that qualification. I think that is the posture of the case at continued) BIB] 37656-U01 1978-U02 02-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9665-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 02 02 CC MIN;¢f4È 1978 02 02 CC MIN;¢f4È Regular Meeting of the Baldwin Park City Council AT 8:37 P.M. MAYOR BLEWETT DECLARED A RECESS. At 8:54 P.M. Council reconvened in regular session. Roll Call was the same as at the beginning of the meeting except that Councilman Hamilton was absent. Mayor Btewett stated that Councilman Hamilton, who has been i11, had qone home as he v/as not feeling we11 at alt. His doctor had had to insert two tubes today because of an infection and he had been unable to stay. CONTINUE PUBLIC HEARING ON CP-130 REVOCATION AND CP-131 REVOCATION TO THURSDAY, MARCH 9, 1978 AT 7:00 P.M. Mayor Btewett stated that the public hearing would be the only item considered at that time. 00- It was the time and place fixed for a public hearing on the 1911 Act Short Form Parcel Cost. 77-S-2 Northeasterly side of Pacific Avenue between Stichman Avenue and Vinet and Avenue S) 77-S-3 Northeasterly side of Pacific Avenue between Stichman Avenue and Dundry Avenue S) Proper postings and mailings had been accomplished. There were no written protests. Acting City Manager Sexton stated the public hearing was for any objections to the work or cost of improvements constructed under District 77-S-2 and 77-S-3. Mayor Btewett declared the public hearing open. As there was no testimony in behalf or in opposition to 77-S-2 and 77-S-3, Mayor Btewett declared the public hearing dosed. Acting City Manager Sexton read by title: RESOLUTION NO. 78-13, CONFIRMING CERTAIN REPORTS OF WORK OF THE SUPERINTENDENT OF STREETS, DISTRICT NO. 77-S-2 and 77-S-3 He requested that the word no" be inserted in Section 1 f) of the Resolution. WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 78-13. M/S/C: AGUILAR/BLEWETT. There were no objections. 00- It was the time and place fixed for a public hearing on AZC-76 Proposed enactment of an Ordinance adding Adult Business Regulations, Sections 9900 through 9903 to the Baldwin Park Zoning Code February 2, 1978 Page 11 RECESS 8:54 P.M. RECONVENED CONT. PUBLIC HEARING TO THURSDAY, 3/9/78, 7 P.M. PUBLIC HEARING, 1911 ACT SHORT FORM PARCEL COST 77-S-2 NORTHEASTERLY SIDE OF PACIFIC AVE. BTWN. STICHMAN AVE. & VINELAND AVE. S) 77-S-3 NORTHEASTERLY SIDE OF PACIFIC AVE. BTWN. STICHMAN AVE. & DUNDRY AVE. S) POSTINGS & MAILINGS NO WRITTEN PROTESTS PUBLIC HEARING OPENED PUBLIC HEARING CLOSED RES. NO. 78-13, CONFIRMING REPORTS OF WORK OF SUPT. OF STREETS, DISTRICT NO 77-S-2 & 77-S-3 INSERT WORD NO" IN SECTION 1 F) RES. NO. 78-13 ADOPTED PUBLIC HEARING AZC-76 PROPOSED ENACTMENT OF ORD. ADDING ADULT BUSINESS REGULATIONS SECTIONS 9900 9903 TO B.P. ZONING CODE Proper publications had been accomplished. PUBLICATIONS BIB] 37656-U01 1978-U02 02-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9665-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 02 02 CC MIN;¢f4ÈRegular Meeting of the Baldwin Park City Council There were no written protests. City Clerk Batkus read a written communication from Deloris Steven, church clerk, stating that the people of the Baldwin Park Free Wilt Baptist Church had unanimously agreed to support an ordinance against pornography and adult orientated business in Baldwin Park. Letter in official files) Director of Planning Kitgour stated that the Planning Commission had unanimously recommended approval of AZC-76. He referred to information given in his staff report and said there were possibly a dozen lots in town where adult businesses could be located with a Conditional Use Permit. The majority of these were on the south side of Ramona Blvd. He indicated the blocks involved and said there was also one lot on the corner of Dalewood and Puente Ave. Adult businesses would be prohibited at other locations but could be permitted at the areas mentioned with the Conditional Use Permit. He said there had been discussion on this matter with members of the community and Reverend Matter had suggested adding Item No. 4 to Section 9902 relative to limiting the location to more than 250 feet from a church or school. He stated that this would be an appropriate amendment to the Ordinance if it could be done legally. Acting City Attorney Handrick said that although this had not been one of the provisions in the Detroit case that the Supreme Court had ruled on but this was in the same category and would be appro- priate if the Council wished to include this. He said that the Minutes should note that all members of the Council were familiar with various studies made with respect to this type of business and Ordinance and the clustering effect these businesses have on commercial and residential areas. Mayor Btewett declared the public hearing open. Irene Mendoza, 4200 La Rica, stated that she had called everyone regarding this Ordinance and that these businesses must be kept out legally. She said adult movies were being shown privately in a local motet and that there had been question about some of the advertisements at the movie next door to City Halt. She requested that Council check into this. She said new legislation had been passed which made it a felony to use a minor in any pornography and a misdemeanor with a $5000 fine if the taw officers are not given the address and information that can lead them to the people who apply this information that can lead them to the people who supply material to these businesses. She asked that the Police Depart- ment be made aware of this legislation and that the Council see that it was carried out. Reverend Walter, Living Hope Baptist Church and president of the Baldwin Park Ministerial Association, stated that his proposed amendment had been for 500 ft. from a church or school or the greatest distance that they could get. He said he agreed with Mrs. Mendoza about keeping such businesses out of the city and asked if there could be a provision whereby February 2, 1978 Page 12 NO WRITTEN PROTESTS WRITTEN COMMUNICATION, FREE WILL BAPTIST CHURCH IN FAVOR OF AZC-76 RESUME PUBLIC HEARING OPENED IRENE MENDOZA RE AZC-76 & LEGISLATION ON ADULT BUSINESSES & PORNOGRAPHY REV. WALTER RE AZC-76 & PROPOSED AMENDMENT BIB] 37656-U01 1978-U02 02-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9665-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 02 02 CC MIN;¢f4ÈRegular Meeting of the Baldwin Park City Council February 2, 1978 Page 13 someone such as Mrs. Mendoza might be routinely informed when there was a community reaction to licensing being brought before the City Council. He said he understood that there would be a public hearing and opportunity for the public to react before a business was licensed. Acting City Attorney Flandrick said there was a Conditional Use Permit requirement that public hearing notices be given and that the Ministerial Association could be on the mailing list. William Watkins, 14524 Hattwood, said that Baldwin Park was on a definite upreach now and that good things were being heard rather than bad. He said he was the director of the Royal Ambassadors of Christ with the Baptist Church on Maine Ave. and was not in favor of adult businesses coming into town as the book stores were usually followed by bars and other undesirable businesses. Pastor Gregory, Church of God, stated that he was opposed to any type of pornography in the City and concurred with the speakers here tonight. He said his church had been established in 1922 and wanted to remain a part of the community but would try to relocate if these things happened. He asked that Council consider each matter as they arise to help keep the City clean. Richard McCullough, 4748 Larry, slated that he had heard that the Los Angeles Times would drop their adult movie advertisements and had considered it a victory. He said he was a 20-year resident of Baldwin Park and father of four and wanted to keep this type of business out of the City. An unidentified citizen said he wished to represent the Baldwin Park Church of Christ. He asked that the word integrity" and the all-seeing eyes of the Lord be their guide and they would not have to worry about these book stores and other businesses. He said he was speaking for the nation. As there was no further testimony in behalf or in opposition to AZC-76, Mayor Blewett declared the public hearing dosed. Acting City Attorney Flandrick suggested that Council defer consideration of the Ordinance until Councilman Hamilton could be present. The Urgency Ordinance was stilt in existence. Mayor Blewett said that he did not fed that there was a severe problem in having to defer the Ordinance as the Urgency Ordinance was stilt in effect and the City Attorney had drawn up an excellent Ordinance that would make it very difficult to put an undesirable business in the community. Three votes were required to adopt an Ordinance. He thanked those who had helped prevent the Pussycat Theaters a couple of years ago from showing porno- graphic movies next door and for being a concerned community. Councilman Aguitar stated that as long as there were God-fearing men on the Council, they would do every- thing in their power to stop corruption in the City. He said as long as he was there, downtown Baldwin Park would not be tike Whittier Blvd. 00" MM. WATKINS IN FAVOR OF AZC-76 PASTOR GREGORY IN FAVOR OF AZC-76 RICHARD MCCULLOUGH IN FAVOR OF AZC-76 REPRESENTATIVE FROM BALDWIN PARK CHURCH OF CHRIST PUBLIC HEARING CLOSED ORDINANCE TO BE ADOPTED WHEN THREE COUNCILMEN ARE PRESENT BIB] 37656-U01 1978-U02 02-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9665-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 02 02 CC MIN;¢f4ÈRegular Meeting of the Baldwin Park City Council City Clerk Batkus read in fu11 a tetter addressed to Acting City Manager Sexton from Seymour Holtzman, Executive Director of the Baldwin Park Chamber of Commerce, thanking the City staff, Lee Lucas and his people. Chief Chellino and his officers especially Lt. Lowenberg) and the Public Works Department for their support on making the Miss Baldwin Park Pageant, the Parade and Carnival successful. Letter in official files) Mayor Btewett asked Mr. Holtzman to stand and introduced him to the audience. He said the Chamber had done a fantastic job on Baldwin Park's recent anniversary and congratulated him, 00- Acting City Manager Sexton stated that Director of Planning Kilgour was not feeling well and asked that he present information on the Fourth Year HCDA Projects ahead of the next agenda item and then be excused. Director of Planning Kitgour stated that two notified public hearings had been conducted relating to the Fourth Year Housing and Community Development Projects program. He said the Housing and Community Develop- ment Review Panel consisted of representatives from the various Advisory Commissions who sat on the Review Panel and presented items of interest from their Advisory Commissions and listened to testimony from people in the community. They had recommended a series of items to the Council which they felt should be funded in this Fourth Year program and the matter had also been brought before the Planning Commission for their input. He referred to inform- ation in his staff report. The Planning Commission had not added more items but had given their recommend- ations for priorities or qualifications. He said the matters out of the Housing Community Development Review Panel were not necessarily prioritized. There was approximately $800,865 to be spent on this Fourth Year HCD program, but details had not been worked out for allocations to the various items. His recommendation was that the Council endorse the recommendations of the Review Panel and the Planning Commission. Staff had also recommended items to both bodies for funding and environmental clearances. He said that when detailed amounts were set up on items, they would be brought before the Council in the final budget. It was necessary to receive Council's recommenda- tion in order to get the environmental clearances going and Council could add or delete items. Mayor Blewett requested that the item for improve- ment to certain private streets in the City be put back in, although it had been deleted by the Planning Commission. He said if one private street could be completed per year, eventually there would be no more private streets and a lot less problems. Mr. Kilgour stated that this was a Staff recommendation already added. He said Mr. Lucas was making improvements to Barnes and Morgan Park in the Third Year program and that Mr. Lucas could give more details on park improvements. continued) February 2, 1978 Page 14 WRITTEN COMMUN., CHAMBER OF COMMERCE RE SUPPORT FOR MISS BALDWIN PARK PAGEANT, PARADE & CARNIVAL SEYMOUR HOLTZMAN, EXEC. DIRECTOR, CHAMBER OF COMMERCE INTRODUCED DIRECTOR OF PLANNING KILGOUR FOURTH YEAR HCDA PROJECTS BIB] 37656-U01 1978-U02 02-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9665-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 02 02 CC MIN;¢f4ÈRegular Meeting of the Baldwin Park City Council February 2, 1978 Page 15 Director of Recreation and Parks Lucas referred to tennis courts adjacent to Badillo Ave. not used for school programs. The school district had indicated they would be cooperative in developing them for community use with the possibility of raquetball courts in the same area. Improvements were scheduled for the Sierra Vista Municipal field athletic area. The school district had agreed to let them fence the ball field. Other improvements would be rehabilitation work on facilities that are deteriorating in existing parks. This year's HCD money would be spent for rehabilitation of the interior of Morgan Park bath house and reconstruction of the horseshoe area, rehabilitation of the ball field with new backstop, new side fencing and removal of all existing contraptions there with no redevelopment of lights^ The header boards around the sand areas would be curbed in the play area and a new wading pool connected to the sewer would be installed. The basketball court area at Barnes Park will be fenced and be used as a multi-purpose court. The barbecue pit area, the pagotas and the picnic shelter a11 must be rehabilitated there, ENDORSE RECOMMENDATIONS OF HCD REVIEW PANEL, PLANNING COMMISSION AND STAFF RECOMMENDED ITEMS. M/S/C: AGUILAR/BLEWETT. There were no objections. Mr. Kitgour was excused. 00- ENDORSE RECOMMEND- ATIONS OF HCD REVIEW PANEL, PLANNING COM- MISSION & STAFF RECOMMENDED ITEMS Acting City Manager Sexton referred to a proposal for funding of the Boy's Club which had been presented to Council at the last meeting. L.A. County had with- drawn their revenue sharing funding. He said Council and staff had tentatively agreed to their proposal and that Mr. McDonatd, president of the club, had a copy of the staff report. Mayor Blewett said that the City was going to enter into an Agreement with the Boy's Club to provide certain services for the City for $3000 per month until the end of June and that any revenues coming in would reduce the amount of the City's contribution. He said the Staff should be directed to draw up the contract and enter into the agreement. Mr. Sexton confirmed that no money could be appropriated tonight with only two votes PREPARE AGREEMENT BETWEEN CITY AND BOY'S CLUB FOR $3000 PER MONTH UNTIL THE END OF JUNE. M/S/C: AGUILAR/BLEWETT. There were no objections. BOY'S CLUB OF B.P. FUNDING PROPOSAL PREPARE AGREEMENT BETWEEN CITY & BOY'S CLUB FOR $3000/MO. UNTIL END OF JUNE Acting City Manager had been authorized of three properties Yard Facility. Mr. 00- Sexton stated that staff to negotiate for acquisition for the City Maintenance Cunningham had completed continued) PROPERTY ACQUISITION FOR CITY MAINTENANCE YARD BIB] 37656-U01 1978-U02 02-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9665-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 02 02 CC MIN;¢f4ÈRegular Meeting of the Baldwin Park City Council February 2, 1978 Page 16 negotiation for two parcels and hopefully negotiations would be completed for the third parcel by early next week. Funds had been budgeted in this fiscal year. He stated that purchase amounts were included in the staff report which was available to the public. AUTHORIZE ENTERING INTO ESCROU AGREEMENT FOR PURCHASE OF CITY MAINTENANCE YARD PROPERTIES. M/S/C: AGUILAR/BLEWETT. There were no objections. Acting City Attorney Flandrick confirmed that any payment and escrow would be at a subsequent time. Mayor Blewett stated that he and Councilman Aguilar wished to direct that the new Public Works yard was to be named for Councilman Hamilton, in honor of his years of service to the community of Baldwin Park. He said Councilman Hamilton had been more responsible for the yard than anyone in the community as he had strived hard for this. 00- Councilman Aguilar requested that a parking space be reserved for Councilman Hamilton immediately in front of City Hall to make access easier for him. 00- Myrtte Azquith, 13138 E. Judith, stated that a pack of three dogs had stayed in her yard from Wednesday until Sunday night. She and her neighbors had called the dog pound two and three times a day but they were not gone until Sunday. The pound truck had come down Judith Street Thursday night and four dogs had run alongside the truck but the animals were not picked up. She said she thought the City was sending good money after bad for the pound pickup. Councilman Aguilar requested that Mr. Sexton call the dog pound tomorrow. Mayor Btewett directed that a letter be sent, asking for a response, as well as a phone call. 00- Acting City Manager Sexton stated that Doug Shaw, Mid-Valley Manpower Consortium, had been scheduled to speak on Baldwin Park's vacancies on their Advisory Council. He said he had advised Mr. Shaw that Council was not prepared to recommend appoint- ments tonight but that he would be asked to return as soon as possible. Mayor Blewett suggested advertising for qualified persons to serve on all the City Commissions so that people would be available in case of vacancies. He said it need not be newspaper advertising but perhaps some kind of news article. 00- AT 9:35 P.M. THE COUNCIL RECESSED TO AN EXECUTIVE SESSION TO DISCUSS MATTERS OF LITIGATION. AUTH ENTERING ESCROW AGREEMENT CITY MAINTENANCE YARD NEW CITY MAINTENANCE YARD TO BE NAMED AFTER COUNCILMAN HAMILTON RESERVE PARKING SPACE FOR COUNCILMAN HAMILTON MYRTLE AZQUITH RE STRAY DOGS SEND LETTER & CALL DOG POUND MID-VALLEY MANPOWER CONSORTIUM VACANCIES ON ADVISORY COUNCIL ADVERTISING FOR QUALIFIED PERSONS FOR CITY COMMISSIONS 9:35 P.M. SESSION EXECUTIVE 00- BIB] 37656-U01 1978-U02 02-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9665-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 02 02 CC MIN;¢f4ÈRegular Meeting of the Baldwin Park City Council At 9:50 P.M. Council reconvened in regular session. Roll Call was the same as before. 00- Acting City Attorney Flandrick stated that the Executive Session had related to pending matters of litigation: the Balkus and Blewett matters and others. He said that since he was disqualified to act in these matters, he had suggested that the Council employ the services of Kenneth W. Hoagland, Attorney of Bakersfield, to represent the City and to send a written report to be presented to Council on February 15, with suggestions for disposition of a11 these matters, including claims filed by Mr. Mitche11, Mr. Trembtay and Mr. Aldrich. EMPLOY KENNETH W. HOAGLAND, ATTORNEY, BAKERSFIELD, TO REPRESENT CITY IN PENDING LITIGATIONS. M/S/C: AGUILAR/BLEWETT. There were no objections. February 2, 1978 Page 17 9:50 P.M. COUNCIL RECONVENED A.C.A. FLANDRICK RE EXECUTIVE SESSION ON PENDING MATTERS OF LITIGATION EMPLOY KENNETH W. HOAGLAND, ATTY., BAKERSFIELD, TO REPRESENT CITY IN PENDING LITIGATIONS 00- AT 9:54 P.M. THE MEETING ADJOURNED TO FEBRUARY 9, 1978 AT 7:30 P.M. FOR A JOINT MEETING WITH THE YOUTH ACTIVITY ADVISORY COMMISSION. M/S/C: AGUILAR/BLEWETT. There were no objections. 9:54 P.M. MEETING ADJOURNED TO 2/9/78, 7:30 P.M., JOINT MEETING WITH YOUTH ACTIVITY ADVISORY COMMISSION OO. / i^———^ THELMA L. BALKUS, CITY CLERK APPROVED: yjLJr^^t^^ / 1978 Date of Distribution to City Council: February 10, 1978 Date of Distribution to Departments: February 10, 1978 BIB] 37656-U01 1978-U02 02-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9665-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 02 02 CC MIN;¢f4ÈREGULAR 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 Reverend William Walter, Living Hope Baptist Church. Councilman Aguilar led the salute to the flag. Roll Call: Present: COUNCILMEN AGUILAR, HAMILTON AND MAYOR BLEWETT Also Present: ACTING CITY MANAGER AND ACTING DIRECTOR OF PUBLIC WORKS SEXTON, ACTING CITY ATTORNEY FLANDRICK, DIRECTOR OF PLANNING KILGOUR, DIRECTOR OF FINANCE HALLOWAY, CHIEF OF POLICE CHELLINO, ACTING BUILDING SUPERINTENDENT DAWSON, CITY TREASURER MONTENEGRO AND CITY CLERK BALKUS 00- FEBRUARY 2, 1978 7:30 P.M. INVOCATION FLAG SALUTE ROLL CALL CONTINUATION OF PUBLIC HEARING An Appeal on the decision of the Planning Commission to revoke Conditional Use Permits to operate trailer parks at 12819 East Garvey Avenue and 12793 East Garvey Ave. Applicant: Eugenia Igna CP-130 REVOCATION AND CP-131 REVOCATION By Virgil R. F. Igna Attorney in Fact 00- CONTINUATION OF PUBLIC HEARING CONTINUED TO THURSDAY, MARCH 9, 1978 AT 7:00 P.M. AT 9:54 P.M. THE MEETING ADJOURNED TO FEBRUARY 9, 1978 AT 7:30 P.M. FOR A JOINT MEETING WITH THE YOUTH ACTIVITY ADVISORY COMMISSION. M/S/C: AGUILAR/ BLEWETT. There were no objections. 9:54 P.M. MEETING ADJOURNED TO 2/9/78, 7:30 P.M., JOINT MEETING WITH YOUTH ACTIVITY ADVISORY COMMISSION 00- u^^^S^A THELMA L. BALKUS, CITY CLERK DATED: FEBRUARY 3, 1978 TIME: 10:00 A.M. BIB] 37656-U01 1978-U02 02-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9665-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 02 02 CC MIN;¢f4ÈREGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL CITY HALL COUNCIL CHAMBERS) 14403 East Pacific Avenue FEBRUARY 2, 1978 7:30 P.M. 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 Reverend William Waiter, Living Hope Baptist Church. Councilman Aguilar led the salute to the flag. Roll Call: Present: COUNCILMEN AGUILAR, HAMILTON AND MAYOR BLEWETT INVOCATION FLAG SALUTE ROLL CALL Also Present: ACTING CITY MANAGER AND ACTING DIRECTOR OF PUBLIC WORKS SEXTON, ACTING CITY ATTORNEY FLANDRICK, DIRECTOR OF PLANNING KILGOUR, DIRECTOR OF FINANCE HALLOWAY, CHIEF OF POLICE CHELLINO, ACTING BUILDING SUPERINTENDENT DAWSON, CITY TREASURER MONTENEGRO AND CITY CLERK BALKUS 00- AT 9:54 P.M. THE MEETING ADJOURNED TO FEBRUARY 9, 1978 AT 7:30 P.M. FOR A JOINT MEETING WITH THE YOUTH ACTIVITY ADVISORY COMMISSION. M/S/C: AGUILAR/ BLEWETT. There were no objections. 9:54 P.M. MEETING ADJOURNED TO 2/9/78, 7:30 P.M., JOINT MEETING WITH YOUTH ACTIVITY ADVISORY COMMISSION 00- S^^^^^JiA^ THELMA L. BALKUS, CITY CLERK DATED: FEBRUARY 3, 1978 TIME: 10:00 A.M. BIB] 37656-U01 1978-U02 02-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9665-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 02 02 CC MIN;¢f4ÈAFFIDAVIT OF POSTING NOTICE STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK THELHA 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 February 2 19 78 said meeting was ordered adjourned to the time and place specified In the Notice of the Adjournment ATTACHED HERETO: that on February 3 19 78 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 February 2 19 78 was held* Subscribed and sworn to before me this 19th day of April 19 78 OFH-^AL EAL K£R%i WiLSON NOTARY PUBLIC CALIFORNIA LOS ANGELES COUNTY y comm. expires AUG 9, 1981 BIB] 37656-U01 1978-U02 02-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9665-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 February 2, 1978 Page 10 this time. Let me make clear that the testimony Mr. Kitgour has presented both in written and oral form is in fact there in his testimony. It is before the Council, along with the identifica- tion of these various photographs. And in summary, both of these gentlemen, Mr. Dawson and Mr. Kitgour, are present and available for cross examination. Reference was made to the nuisance proceeding conducted earlier by Mr. Sexton. Those are not a part of this proceeding. The question here is the revocation of the Conditional Use Permits and by the way, that can only be accomplished if you make, after receiving all the evidence, the findings required to show first that there has not been compliance with these conditions of approval initially imposed upon these Conditional Use Permits and/or that the premises, either or both, constitute a public nuisance by reason of their current status and their condition as such so my suggestion at this point would be allow Mr. Martin to present such evidence as he desires. He can start, if he likes, with cross examination of these two gentlemen, and then present any witnesses he has by way of direct testimony. Mr. Martin Your Honor, I have very little more as opening. I would like to Mrs. Igna May I say something? Mr. Martin Excuse me. No, just a minute, please. Let me finish my opening. As long as you retained me to do it, let me do it please. May I say that on the basis of the statement of the City Attorney, that these gentlemen are not present. I would ask directly then for a ruling and directly object to the May 23rd and May 17th reports being admitted or considered by this Council on two basis. No. 1, the authors thereof the observers thereof are not here present. It is heresay they are not here to be cross examined and it is not current. It is old data. hat has happened in the last ten months? Are you going to make a decision partially on a report ten months old? Excuse me seven months old eight months old. I'd appreciate a ruling on those two so I know whether to conduct cross examination on those two points. Mr. Ftandrick Mr. Mayor, if I may, the reference Council has made is to the two Health Deoartment reports. For the record let's once again indicate that all the City staff members are present and available for cross examination. My suggestion to you is to permit the objection to be noted and to overrule it with the understanding that those reports are, as Council has indicated, some months old and probably have some permanent value but perhaps not too much. I think you are free to accept them with that cautionary instruction. Mr. Kilgour Mr. Mayor, I'd like to make one comment. Mr. Dawson has indicated that in his files there is an update of December 19 of 77 on the reports of the Health Department on these matters. Mr. Ftandrick If you want to present them then, you'd better get some copies up here, Mr. Kitgour. Mr. Kitgour Yes. Building Superintendent Dawson Yes, we have a report from the Health Department on an inspection being made on December 16, 1977. Mr. Ftandrick Mr. Mayor, I wonder if we could ask that perhaps you wi11 recess for a couple of minutes so that we can make some copies of these reports. Mayor Btewett Yes. Declare a five-minute recess. continued) BIB] 37656-U01 1978-U02 02-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9665-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06