Loading...
HomeMy WebLinkAbout1978 03 09 CC MIN1978 03 09 CC MIN;¢f4ÈS IUDE^ MARCH 9. 1978 Invocation Council-elect Bobbie Izelt Public Hearing CP-130 and CP-131 Revocation Appeal on Decision of Planning Commission to Revoke Conditional Use Permits to Operate Trailer Parks 12819 and 12793 East Garvey Applicant: Eugenia Igna by Virgil R. F. Igna, Attorney in Fact Continued from January 19 and February 2, 1978) Publications, Postings and Mailings No Written Protests Acting City Attorney Flandrick Director of Planning Kitgour Oath Director of Planning Kilgour Photos Distributed Accepted in Evidence as Exhibit D" Withdraw Exhibit D" as Evidence Acting Superintendent of Bidg. Dawson Oath Mr. Siemens Objection Disregard Comments re County Action 8:10 P.M. Recess 8:15 P.M. Council Reconvened Offer of Proof Refuse Offer of Proof on Basis Evidence Proposed is not Relevant to Proceeding Mr. Siemens Excused Oath Mrs. Igna Garland Harmon Public Hearing Closed Resolution No. 78-23, Revoking Conditional Use Permit to Operate Trailer Park at 12819 East Garvey Avenue; Case No. CP-130 Adopted Roil Call Resolution No- 78-24, Revoking Conditional Use Permit to Operate a Trailer Park at 12793 East Garvey Avenue, Case No. CP-131 Adopted Resolution re Direct Election of Mayor and Whether Office of City Clerk Shall be Appointive Resolution No. 78-25, Ordering, Calling, Providing for and Giving Notice of a Special Municipal Election to be Held in Said City on June 6, 1978, for the Purpose of Submitting to the Qualified Voters of Said City Certain Proposals Relating to an Elected Mayor and an Appointive City Clerk for the City of Baldwin Park and Consolidating Said Election with the Statewide Primary Election to be Held on Said Date Adopted Resolution No. 78-26, Requesting th? Board of Supervisors of County of Los Angeles to Consolidate a Special Municipal Election in Baldwin Park June 6, 1978, with Primary Election June 6. 1978 Adopted Acting City Manager Mail Information on Organization Attendance to New City Council 9:02 P.M. Meeting Adjourned BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS MARCH 9, 1978 7:00 P.M. ADJOURNED 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 adjourned regular session at the above place at 7:00 p.m. An invocation was given by Council-elect Bobbie Ize11. Acting City Attorney Flandrick 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, DIRECTOR OF HOUSING CUNNINGHAM, ACTING BUILDING SUPERINTENDENT DAWSON, CHIEF OF POLICE CHELLINO AND CITY CLERK BALKUS Absent: CITY TREASURER MONTENEGRO 00- It was the time and place fixed for a public hearing on CP-130 Revocation and CP-131 Revocation Appeal on Decision of Planning Commission to Revoke Conditional Use permits to operate trailer parks at 12819 East Garvey Avenue and 12793 East Garvey Avenue Applicant: Eugenia Igna, by Virgil R. F. Igna, Attorney in Fact Continued from January 19 and February 2, 1978) Publications, postings and mailings had been accomplished. There were no written protests. Mayor Btewett Before we start tonight I would like to state that although I was threatened by a recall by the party whose case we are hearing tonight, I fully intend to judge the hearing based on the facts that are presented here and not by threats. Mr. Flandrick, do you have some comments? Acting City Attorney Ftandrick Yes. Mr. Mayor, just to refresh the Council's recollection you have before you tonight realty two matters. You have two Conditional Use Permit Revocation proceedings. The party in each of the two cases is the same Mrs. Eugenia Igna. If you recall, at the last or at the February 2 Council Meeting) you commenced the public hearings on these two matters and you took certain testimony specifically the testimony of Mr. Kilgour, your Planning Director, and Mr. Dawson, your Superintendent of Building. There were a number of exhibits introduced at that time in terms of photographs specifically. Exhibits A, B, and C, to which you have a number of pages and each of which consist of a number of pictures showing the various views of the subject property. And the Council's action, at the outset, if you recall, was to combine for the purpose of hearing both of these matters in terms of in an effort to expedite the proceed- ings. And if you wilt recall, at the conclusion of these matters, whatever your decision is, you w111 act on them on- INVOCATION FLAG SALUTE ROLL CALL PUBLIC HEARING CP-130 & CP-131 REVOCATION APPEAL ON DECISION OF PLANNING COMMISSION TO REVOKE C.U.P.'S TO OPERATE TRAILER PARKS 12819 & 12793 E. GARVEY APPLICANT EUGENIA IGNA, ATTY. IN FACT CONT. FROM 1/19 & 2/2/78) PUBLICATIONS, POST- INGS & MAILINGS NO WRITTEN PROTESTS ACTING CITY ATTORNEY FLANDRICK BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council separately. We have given tonight to Mr. Martin, the attorney for the applicant, Mrs. Igna, a copy of the March 9, 1978 agenda, which for identification purposes consists of an agenda sheet and twenty pages of material consisting or commencing with the December 28 tetter of appeal and other documents which will be referred to by Mr. Kilgour and Mr. Dawson. The other matters which have other evidence which has already been presented to you in the prior hearing is summarized in the Minutes of the Council Meeting of February 2, 1978 and those Minutes have already been approved by the Council and copies have been transmitted to Mr. Martin, the attorney for Mrs. Igna. And I may suggest, Mr. Mayor, that the proceedings be recommenced this evening by further testimony from Mr. Kitgour thereafter testimony from Mr. Dawson, and there is a gentleman from Los Angeles County Health Department who apparently was advised to be here by 7:30 as opposed to 7 o'clock so he wi11 be the third and last witness in so far as the City's position is concerned. So I would suggest at this time Mr. Kilgour be called upon to present such material additional material, if he has and of course Mr. Martin can have the opportunity at the conclusion of Mr. Kilgour's remarks to cross examine or make any objections he may feel are appropriate. Mayor Blewett For the sake of ease, would you like to sit up here, Mr. Martin, with the microphone? We can have Judy move over here a little closer. March 9. 1978 Page 2 Mr, Flandrick proceed? Alright, Mr. Kilgour, do you want to Director of Planning Kilgour Alright. Mr. Mayor and members of the Council, before each of you is the March 9, 1978 City Council agenda material which is Mr. Flandrick Mr. Flandrick The question has been raised, Mr. Martin, as to whether the testimony of Mr. Kilgour, Mr. Dawson and the Health Department gentleman, when he arrives his name I'm not aware of) whether they should be sworn or not. Do you have any objection or comment on whether they are or not? The Council policy is rather open in this respect. If you tike we can certainly swear them in and why don't we do that, Mr. Mayor, just so there is no problem. Attorney Martin We w111 do the same thing. Mr. Flandrick Alright, fine. Then Mrs. Batkus, would you swear in jointly Mr. Kilgour and Mr. Dawson at this time? Mrs. Batkus Would you raise your right hand, please, and swear that any testimony you give on any subject tonight win be the truth, the whole truth and nothing but the truth? Mr. Flandrick Just for clarification Mr. Kilgour and Mr. Dawson, would you both indicate either by yes" or no" that the testimony that each of you gave on the prior occasion of February 2, 1978 all of that testimony we will now agree is under Oath, if that is acceptable to the two of you. Is that acceptable: Mr. Kilgour Yes, I agree with that. Mr. Flandrick Mr. Dawson? continued) DIRECTOR OF PLANNING KILGOUR OATH BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council March 9, 1978 Page 3 Mr. Dawson I agree with that. Mr. Ftandrick Mr. Martin, do you have any objections to that? Attorney Martin Except I don't know if there was a final disposition of certain judgements made as to the age of certain reports. I think they were submitted without recording unintelligible) May that be clarified? Has there been a final decision on the acceptability, of I should say admissabitity, of those Mr. Ftandrick I think, Mr, Mayor, that the objection was duly made and noted in the Minutes by Mr. Martin and the action on the objection was to overrule the objection and the Council be instructed to take into account when you are considering these particular documents the fact that they are dated, I believe, in 1977. So in other words it goes to the weight to be attached to those documents by you as the finder of fact. I think, in my opinion, they are admissable and I think the objection was overruled. If not, then I suggest at this point it be overruled on that basis. Mayor Blewett gavel ting) Overruled. Mr. Kilgour Mr. Mayor, before you is the agenda material DIRECTOR OF PLANNING for this evening's meeting, March 9. It consists of a KILGOUR synopsis which gives the background of the Planning Commission matters in relation to this case and is divided principally into two parts, the first part being the one trailer park at 12819 E. Garvey Avenue. The physical characteristics on subject property included the notices of the public hearing appeal and findings of fact for revocation. I'll read those four facts of the case. The Zoning Code requires that the following facts be considered in matters of revocation: 1. That the conditional use permit was obtained by fraud; or 2. That the use for which such approval was granted has ceased to exist, or has been suspended, for a period of six 6) months or more; or 3. That the conditional use permit granted is being, or has been, exercised contrary to the terms and conditions of such approval or in violation of any law; or 4. That the use for which the approval was granted is being exercised so as to be detrimental to the public health or safety, or as to constitute a nuisance." The Findings the Planning Commission found were that the following facts regarding revocation are present: They found that the two facts: Fact Number 3 and Fact Number 4. In Fact 3 which is that the use of the property is being exercised contrary to the conditions and terms of approval, as evidenced by generally poor maintenance and deteriorated structures. The specific violations of conditions of Resolution 69-47 Planning Commission Resolution) are as follows: Those are where it matters. This is alt before you in writing. These are Sections 2,c, 2,d, 2.e, 2.f if you wish I could read these through. I believe you indicated everyone has a copy of this) 2,i, 2,j and 2.m. As far as Fact Number 4 the use is being exercised in such a manner as to be detrimental to the public health and safety and has been found to constitute a nuisance. Mr. Dawson's testimony, I believe, establishes the existence of a nuisance. Mr. Dawson has testimony which is in addition to that which is in the staff report here and I'11 turn this over to Mr. Dawson at the moment. continued) BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council March 9, 1978 Page 4 Attorney Martin Thank you. May I object or at least ask for a clarification of procedure? I understood Mr. Kilgour was testifying and that he has finished at least a phase but it is somewhat confusing if not out of order for me to have to jump around for cross examination between two witnesses. Is there am I to understand that we are going on to the Health Officer and then come back to Mr. Kilgour? Mayor Blewett Yeah, we're going that's exactly Mr. Dawson and then Mr. Siemens and then back to Mr. Kilgour. Mr. Kilgour presents the City case and these are his witnesses, so to speak. Attorney Martin Well, then it's the procedure of the Council to allow cross examination of individual witnesses at the end of the City's case? Mayor Blewett That's generally the way we do it, yes. Attorney Martin And cross examine on the basis of the City's entire evidence of individual witnesses at the time when the City's case is being finished? Mayor Blewett Yes, that is normally our practice. Attorney Martin Then what has been presented so far is merely in the nature of what they intend to prove or an opening statement rather than actual evidence? Attorney Flandrick No, that is not correct, Mr. Martin. We went through that last time. The point is that the testimony has been given at the prior hearing and again by Mr. Kilgour this evening and that in fact is the evidence presented. He is a witness under oath subject to cross examination. Attorney Martin His summary statement, as long as it stays within the four corners, let's say, of what is written up in these Minutes of March 9. Mr. Kilgour That is the agenda, I believe. Attorney Martin The agenda then is does not include anything beyond what is written. He summarized it by referring to certain sections. I assume, then, that his evidence is confined to what is in the written report of March 9 at this point. Attorney Flandrick Unless he has some other evidence he wishes to present on it, which he is certainly free to do. Mr. Kilgour I have the report. I can submit it now as Exhibit D Six pages of photographs from March 7 of this year that I wish to present as additional information as to the conditions on both sites. This is we would also like to present this under public nuisance. This is not just limited to one part Fact 3 but also to Fact 4, since these matters are overlapping. Attorney Flandrick Mr. Kilgour The date of that again? Mr. Kilgour That is March 7, 1978. Mr. Flandrick Just a matter of a question or two by way of background. Did you take those pictures yourself? continued) BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council Mr. Kilgour No. A member of our staff was with us when Mr. Dawson and I were both on the site and directed these pictures to be taken. March 9, 1978 Page 5 Attorney Flandrick were taken? You were present when the pictures Mr. Kilgour Yes, we were present. In fact, Mr. Dawson is present in some of the photos. Attorney Flandrick And the date of March 7 was several days ago. Have you reinspected the property today as of today? Mr. Kilgour Yes. Mr. Dawson and I were there at 3:15 this afternoon approximately 3:15. Attorney Flandrick And does the property as depicted in those pictures reflect its condition as of 3:15 today? Mr. Kilgour Yes, definitely. Attorney Flandrick And for the record, Mr. Martin has examined those photographs, Mr. Mayor, so the Council is free to accept them in evidence at this time, if you wish Mr. Kilgour I can pass them around now. Photographs were distributed among the Council) Mayor Btewett Okay, those are accepted in evidence as Exhibit D." Attorney Martin Mr. Mayor I urge the Council pardon me Attorney Ftandrick Do you have anything else? Mr. Kilgour I have nothing else. Attorney Flandrick You have something? Attorney Martin Yes, I would urge the Council to consider holding your acceptance in abeyance until the defense has had a chance to cross examine a11 the pictures. It seems premature. Attorney Flandrick Well, Mr. Mayor, they have been accepted, but you are certainty free to vote to strike if you can establish that the pictures are not accurate or the foundation is improper. Attorney Martin You have only heard one aspect. I submit we can make our cross examination as effective, I believe, as ever may be, but it would seem that you are hearing only one side of the one version of it if you accept it in evidence. Attorney Flandrick In the interest of unintelligible) I suggest that the action in accepting Exhibit D" in evidence be withdrawn and permit Mr. Martin a chance to cross examination and re-admit them if the Council desires after that. Acting Superintendent of Building Dawson Mr. Flandrick, if I may. The photos that were taken there were taken March 7 of this year. Mr. Kilgour and myself and inspector Minjares and inspector Tarin were present when we took the photos. Those photos and the conditions continued) PHOTOS DISTRIBUTED ACCEPTED IN EVIDENCE AS EXHIBIT D" WITHDRAW EXHIBIT D" AS EVIDENCE ACTING SUPERINTEND- ENT OF BLDG. DAWSON BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council that are graphically depicted there were again scenes were re-examined by Mr. Kilgour and myself at 3:15 today. This, of course, was in answer to the to Council's quiry the last time concerning the fact that the photos were pertinent and up-to-date. They are as shown as of 3:15 today and they represented no change from the 7th. If I may go on I'll start with Trailer Park Wolverine No. 3, 12973 Garvey. Council at the last meeting okay, 12819 Garvey. Mr. Martin, I believe at the last meeting you were given a copy of the violations that are noted. Mr. Flandrick Yes, Mr. Martin has a complete copy of all the file Mr. Dawson Beg pardon? Mr. Flandrick Mr. Martin has a copy of all of the material that you referred to, sir. Mr, Dawson I'11 refer to that copy and start with the apartment units. This was an inspection the scene as shown was an inspection made September 21, 1977 for the nuisance hearing and to start I would like to say that conditions as listed on the apart- ments from 1 to 9 and for a11 the trailer units are essentially the same as listed and itemized on this inspection report, with the addition of some further deterioration as noted by both inspections. Apartment No. 4, 5, 6, 7, 8 and 9 in addition to the noted violations, they have been further vandalized and have deteriorated. Apartment 1, we were unable to obtain entry because it was stilt occupied but the external violations, if any, are the same. Mr. Flandrick Excuse me, Mr. Dawson, when you say the conditions are the same, are you referring as of today? Mr. Dawson As noted on the inspection of September 21st this year, Mr. Flandrick And those conditions you referred to are stilt in existence? Mr. Dawson as of the 7th and as of the 9th of March. Mr. Flandrick of March, 1978. Thank you. Mr. Dawson That I believe was marked Exhibit we11, that recording unintelligible) the mobile home units the mobile home units are the Mr. Martin Do you mind referring by the page, sir? I only got this about five minutes ago and I'm not that familiar with Mr. Dawson Let me address this. You have the Mr. Flandrick The things you refer to, Mr. Dawson, by the title at the top are you referring to the sheet that Mr. Dawson The mobile home units Mr. Flandrick the mobile home units, 12819 East Garvey, Wolverine No. 1? Is that the document? Mr. Dawson * It should took tike this. continued) March 9, 1978 Page 6 BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council Mr. Ftandrick Well, these have been retyped, Mr. Dawson, so Mr. Kitgour, will you let him have your packet so he can refer to that and identify which is which? For clarification, Mr. Martin, I think what has happened is that not to Mr. Hartin, Mr. Kitgour to Mr. Dawson. Mr. Dawson Yes, Mr. Martin also has his copy. Mr. Ftandrick, this pertains to that but while Mr. Martin is looking at that I would like to point out that from the evidence visual evidence that you see on that photograph that we have offered as Exhibit, that it is indis- putable that the violations that are listed in the inspection sheet do exist and that further deterioration has occurred. I think that any reasonable viewer would have to ascertain that fact that that place is deteriorated that those units and apartments listed on the inspection report indicated that the violations do exist. I don't think that at this point in time that visually that's in dispute. Mr. Flandrick Are you now referring Mr. Martin, did you find your page marked Mobile Home Units, 12819 East Garvey the typed sheet? Mr. Dawson The apartments and the mobile home units. Counsel, do you have the inspection report with the mobile home units there? Mr. Flandrick He has a copy. Let's proceed and describe it in such manner as Mr. Dawson Alright Mr. Martin That is the Mobile Home Units then, 12819 East Garvey Mr. Dawson Alright, Space 1 through Space 24. My testimony at this time is that the conditions and violations as listed in that report stilt prevail stilt exist and have deteriorated to the effect that Space No. 1 has open wire and a meter socket in addition to other violations whatever is listed there. Space No. 2 had been vandalized. Space No. 4 shows further deterior- ation. Space No. 7 has been vandalized. Space No. 14 shows further deterioration and I've got the inspection report here as of last inspected with Spaces 13 through 19 listed the same that they are mostly vacant and vandalized and show further deterioration. Space No. 22 has open wires on the electrical supply cart. Space No. 24 of course is a private trailer but it teaks and it has the it doesn't have a proper water supply. It has a hose instead of the tine and the sewer line is directly under the traitor rather than an extension from the side of the trailer as the Code requires. That's the trailer-by-traiter, unit-by-unit summary of our inspection and with the additions that I've made that conditions that we found on the 7th and reaffirmed on the 9th, conditions stilt prevail. Mr. Flandrick Thank you, Mr. Dawson. Mr. Mayor, we have Mr. Kenneth H. Siemens in the audience. continued) BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council March 9» 1978 Page 8 Mr. Siemens is with the Los Angeles County Health Department, or Department of Health Services, I guess it is called now. We'd tike to ask Mr. Siemens to step forward at this point and present such material and evidence as he may have bearing on the issue of public nuisance to these two proceedings. Or would you prefer to use the podium, Mr. Siemens whichever you'd like which is more convenient. Mayor Blewett Would you remain standing? Would the Clerk swear Mr. Siemens in? City Clerk Batkus Would you raise your right hand, please, and swear that any testimony you may give will be the truth, the whole truth and nothing but the truth, so help you God? Mr, Flandrick Mr. Siemens, the proceedings are being recorded so if you would utilize that microphone Just for the records, Mr. Siemens, you are the Chief Sanitarian of the East San Gabriel Service Area Environmental Services of the County of Los Angeles Department of Health, is that correct? Mr, Siemens Yes, sir. Mr. Flandrick You are familiar with the two properties that are under consideration tonight? Mr. Siemens Yes, sir. Mr. Flandrick Would you present to the Council in narrative style your report of your findings and your inspections? Mr. Siemens- Yes, first of all, I might say that our department has made several inspections on the property the most recent Monday, the 6th of March. Mr. Martin asked for clarification of Mr. Sienen's comments and duties Mr, Martin spoke too low and recording was untelligible). Voice from the audience Would you talk in the mike? We can't hear you. Mr. Martin I don't have the mike right now. I was just asking if the witness would mind identify- ing more specifically rather than saying our depart- ment." Mr. Flandrick I think that is well taken. Would you do that, Mr.Siemens? Mr. Siemens I, myself and Mr. Ray Sutler Mas there on the 6th the 6th of March. Up until that point I might mention that the permits to operate a mobile home park for the two subject mobile home parks has been suspended by the County of Los Angeles. This suspension was effective approximately December 15th of 1977. Okay, prior inspection on the 6th we found both parks to be grossly insanitary. The dwelling units in both parks the majority of them being vacant, opened. filled with trash and debris, broken plumbing fixtures, toilet fixtures with fecal matter in them, and I did not continued) OATH MR- SIEMENS BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council March 9» 1978 Page 9 see any evidence of any attempt to clean the premises. The majority of the mobile homes remaining in the park, in both parks were gutted, filled with trash and debris, sewer lines were opened cock roaches Interruption by Mrs. Igna) Mayor Blewett Mr. Martin, will you keep your client quiet? Mr. Martin Recording not intelligible) Would you please not interrupt Mrs. Igna I'm sorry. I would tike to say a few words. Recording unintelligible) Can I say a few words? Mayor Btewett You can say a few words when your attorney calls you to the stand. Mr. Flandrick Go ahead, Mr. Siemens. i^r. Siemens At the time we were there on the 6th, all the mobile home sites were vacant except there were four at 12793 there were four mobile homes occupied. At 12819 there were five mobile homes occupied, as near as I could tell. Me did determine that some of the mobile homes that had previously been vacant had been reoccupied since the time that the permit suspension went into effect. At this point our Department has filed criminal complaint against Mrs. Igna regarding the dwelling units and I believe the trial is to be the 29th of this month, is that correct? Mr. Martin Close to that. r. Siemens We are now preparing another criminal complaint regarding the operation of the mobile home park without a current permit. Mr. Flandrick Mr. Siemens, let me ask you one question and I think Mr. Aguitar has some questions. In the material presented to the City Council tonight there is a letter signed apparently by you dated May 23, 1977 and it has attached to it a form of your department, also signed by you entitled Official Inspection Report." Do you have copies of those? Mr. Siemens No, I don't have them with me. Mr. Flandrick Let me give you my copy, Mr. Siemens, I have handed you now the documents I referred to. Could you examine those, please? Mr. Siemens Yes. Mr. Flandrick You are familiar with those two documents? Mr. Siemens Yes. Mr. Flandrick Were they prepared by you? Mr. Siemens Yes. Mr. Flandrick Would you took at both of them and tell the Council whether or not any of the conditions therein referred to as far as you know as of March 6, 1978 stilt exist in the shape that you described in those written reports I^Uer and report. I'm sorry, March 23rd. continued) BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council March 9, 1978 Page 10 Mr. Siemens March 23rd? Mayor Btewett May. May 23rd. Mr. Flandrick I'm sorry. May 23rd. And I think the other document is dated May 17th. Mr. Siemens I would say No. 11 there is probably very tittle furnishings left in the dwelling units. That probably has changed. Other than that I would say that I could add a great deal to this list at this point. There has been further deterioration since then. That's speaking of the dwelling units. Mr. Flandrick The tetter, I take it, Mr. Siemens, relates to the dwelling units and the official report relates to the mobile home units? Mr. Siemens That's correct. I'd say No. 13 in the mobile home park inspection report there had been attempts to elevate the lumber to at least eighteen inches off the ground and as I recall, that was adequately done. I did not notice on the 6th, though I didn't go into that area. But previously I had noted that that recording unintelligible) had been eliminated. Mr. Flandrick Anything else, Mr. Siemens? Mr. Siemens No, again I would say that there has been further deterioration since this report has been made and the only correction I can recall was as mentioned. Mr. Flandrick Mr. Mayor, I would suggest that at this point, if any member of the Council has any questions first of Mr. Sienens, then of your staff, that you ask those questions at this point and then permit Mr. Martin to cross examination to cross examine. I wonder if we might deal with Mr. Siemens first, since he is here not exactly as a volunteer and I presume he would like to leave as soon as he can. So we could be through with him and let him go home early. Mr. Aguitar? Councilman Aguilar Mr, Flandrick just answered a11 my questions. Mayor Blewett Okay, Mr. Hamilton? Councilman Hamilton No, I have no questions. Mayor Btewett Okay. I do not have any questions about the staff report, either. Mr. Martin, it's your Mr. Flandrick Mr. Martin, would you cross examine Mr. Siemens first and then we wilt release him? Mayor Btewett When you are through with Mr. Siemens, Mr. Martin, explain to him that he is released. Mr. Martin Mr. Siemens, would you mind first, just on your basic vocabulary tell us, do you equate deterior- ation and vandalism are you using it as two distinct characteristics? Mr. Siemens- Vandalism deterioration could be a result of vandalism. Mr. Martin In other words, you don't purport to know why they deteriorated but only that they have deteriorated? continued) BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council March 9» 1978 Page 12 Mr. Martin I noticed when you were asked in the final basic question in respect to the report which is on top of the to your left hand side of the file perhaps for identification is what report? Mr. Siemens This one is the mobile home inspection report for 12819 East Garvey. Mr. Martin In doing that and asked to respond with the comparison of the May 23, 1977 meeting, it seemed to me correct me if I'm wrong that you only looked at the latter report and from memory apparently made the concurrence, is that correct? Mr. Siemens Are you speaking of memory of my inspection of the 6th? Mr. Martin Yes. Mr. Siemens Yes, it is very fresh in my mind, yes. Mr. Martin That is a comparison of May 23, 1977, approximately 9 1/2 or 10 months ago. You referred only to your mental recollection in making the comparison. Mr. Siemens No, sir. I believe I read the report from the 27th from the inspection in 1977. Mr. Martin Well, then, may I invert the question then. You made the comparison of the more recent one from memory with the May inspection? Mr. Siemens Yes, that is fairly fresh in my mind, yes. Mr. Martin Alright, sir. Even though it consists of some 38 approximate units? Mr. Siemens Yes, I was speaking generally there. Mr. Martin Now, did you conduct any kind of hearing in which the defendent was invited or represented with respect to the suspension of the license? Mr. Siemens No, I did not. That procedure is handled by our tax collector of the County of Los Angeles. The procedures I believe the property was posted by him and the Mrs. Igna was given ten days to request the hearing and I think she failed to do that. Mr. Martin May I ask you more specifically? You say you believe. I'm interested in the due process of that particular proceeding or lack of it. Mr. Flandrick Excuse me, Mr. Martin. We are not here to try whether or not the County does things i in accordance with constitution. If you want to argue with John Larson, the County counsel, feet free. I think this proceeding here tonight is whether or not the property constitutes a public nuisance and I think, Mr. Mayor, that Mr. Martin's questions should be directed to that aspect. Mr. Martin I think if you were being equally dear you would have cut him off and not let him felt about that hearing in his chief testimony. Mr. Flandrick Well, Mr. Martin, if you want to object to something just feet free to continued) BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council March 9, 1978 Page 13 Mr. Martin I do want to object to it. Mr. Flandrick Well, you go right ahead. Mr. Martin I believe that Council has just furnished us a good enough ground for objection that the testimony about the Los Angeles hearing should be stricken. It is hearsay Mr. Flandrick We11, Mr. Mayor Mr. Martin and if we are not going to be allowed to cross examine on it, I don't think the Council in fairness should keep the main testimony and chief one. Mr. Flandrick I would suggest, Mr. Mayor, that you and a11 members of the Council, simply disregard the comments made relating to what the County may or may not have done concerning these permits. It is realty immaterial. Mr. Martin So that wi11 be the adoption of Council? Mayor Blewett That's the ruling of the chair. Mr. Martin Now sir, may I ask you with respect to being gutted and open sewage were you able to ascertain the basic, primary cause of that whether it was vandalism with perhaps failure afusr vandalism to fix or was it just pure deterioration or age? Or could you distinguish? Mr. Siemens I think it includes both. The mobile homes are extremely old. There is a lot of rotting in the wood portions of the mobile homes. There is certainly deterioration there. There was certainty what appeared to be vandalism with broken windows and plumbing fixtures that are removed. I would say it would be a combination of both. Mr. Martin It would be your expert opinion that one fed the other? Separately or that Mr. Siemens I have no way of knowing. Mr. Martin Now may I ask you with respect to the items on your May 6 pardon me, your March 6 report, where you found further deterioration. Do I understand that from a bare, almost label-tike report of fast year, you are able to go out and took at 38 units and say that there has been a further deterioration on this one or hasn't been further deterioration on this one? Mr. Siemens Yes, sir. It's gross. Mr. Martin Weft, whether it is gross or not, I am asking are you able, purely from memory from two visits several months apart, to say that there was further deterioration just on a visual inspection which you literally said. Mr. Siemens If you are asking about the general conditions, yes. Mr. Martin Well, I think you gave specific conditions. Specific description or labelling of that with respect to certain spaces. Did you remember a unit by unit increased deterioration over that number of months or is it just a general deterioration? continued) OBJECTION DISREGARD COMMENTS RE COUNTY ACTION BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council March 9, 1978 Page 14 Mr. Siemens I would say general. Mr. Martin Just a general. And percent of occupancy, as I understood you to say, was about 4 in one general area and 5 in the other? Mr. Siemens As near as I could determine, yes, Mr. Martin Did you determine whether there was multiple family occupancy in units that were occupied? Mr. Siemens No, I have no knowledge. I saw one tenant that had been there for some time. I think there was one couple living there. Mr. Martin Did you inspect the home or residence of the Mrs. Igna, the landlady on the premises? Mr. Siemens No, I did not. Mr. Martin Did you look at it as you passed it? You had to go by it. Mr. Siemens Well, I saw the exterior of it, certainly. Mr. Martin I am talking only about the exterior. Mr. Martin Because there are several units record unintelligible). Did you notice any signs of vandalism on her home property? Mr. Siemens I observed boarded windows which appeared to be the windows appeared to be broken in the front. Mr. Martin Did you notice Mr. Siemens No, that's all I noticed. Mr. Martin And other than the particular time period that you described as being there and the one time last year were you out there last year personally? Mr. Siemens Yes, several times. Yes. Mr. Martin This has all been by day? Mr. Siemens Yes. Mr. Martin Daylight hours. You have not been around there at night at any time when any vandalism was taking place Mr. Siemens No, sir. Mr. Martin or noticed any acts of vandalism yourself? Or noticed any conditions of attempted assault and battery or Mr. Siemens No, sir, Mr. Martin Were you familiar with the fact that these premises of had been visited by the Baldwin Park Police Department for vandalism and disturbance of the peace on an average of more than one time per day in the last several months? continued) BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council March 9, 1978 Page 15 Mr. Siemens I have never been there at any time the Police Department was there. Mr. Martin Did you gather any impression with respect or any opinion with respect to the control that the landlady had over her tenants? I mean, for example, perhaps you have been in Scouting and know how hard it is for one leader to control 30 boys. How about one landlady with some 300 people to survey and watch? Did you gain any impressions on practical control which she had over those people? Mayor Blewett Mr. Martin, where is this testimony taking us? Mr. Martin I don't know because I don't know the answer. Mayor Blewett Well, I don't see the I don't see the relevance to the to the hearing, would you explain the relevance to us? Mr. Martin I would be glad to as I did last time. It is our basic position, your Honor, that the City of Baldwin Park, and I'm not speaking of finding fault because I know the size of the police force that is involved and what it takes, but nevertheless, the very City which is prosecuting this lady, and in this instance I should define the fact that they are asking to revoke her Conditional Use Permit to operate, has been unable to furnish her with the peace and the ability to keep her place up and make the repairs and replacements of things which have been constantly vandalized and stolen. The assaults on her when she tries to leave her premises to fix it; her sons being beat up and stoned if the City cannot provide the protection for her to maintain her own property and repair it after burglary, theft, vandalizations and disturbances of the peace, then I don't think she should be held at fault and I think we should be allowed to bring out the fact. Mayor Blewett When did when did you when did a11 this start? The problems? Mr. Martin Ue11, the problem I i-'ould like to produce here I have three or four v/itnesses here tonight you asked me to state the issues. Mayor Blewett Yeah, I know it. Well, okay Mr. Martin I can't give evidence out myself because I don't know but I have witnesses here tonight to attest to that. That is the reason I'm going in to that. Mayor Blewett I well, because Mr. Martin In other words, we are not taking the position that it isn't broken down and in disrepair, even in many of the particulars that the Health Department has advised. But e are taking the position that several efforts to repair have been made only to be rebroken, revandatized and the landlady has not been Mayor Blewett When you talk okay, you are talking about a time frame of from when to when, continued) BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council March 9, 1978 Page 16 Mr. Martin? What point what time frame are you talking Mr. Martin As far as I've been able to ascertain from Mrs. Igna and I'11 put her on the stand it includes the entire time that v/e are talking about fron last May even through today. I've asked the Chief of Police of the City I'd like to call him as an independent, neutral witness merely to affirm the fact that there has been that constant daily disturbance and police calls out there since for many months, perhaps well over a year. And it is intensified into an organized campaign against the landlady which took on the form of a concerted action not to pay rent, causing recording unintelligible) multiple retainer actions to be filed, the concerted action of many tenants to vandalize the place, to run off and steal. And also, a certain group from across the way I have' it memorized because I didn't intend to present the evidence. Myself, I don't know the evidence. I wouldn't want to present but a neighbor may I say it that way, will testify that a neighboring group of youths have constantly come over and vandal- ized and taken property away. That is the reason I'm going with this line of recording unintelligible). Mr. Flandrick Well, Mr. Mayor, if I understand what counsel is saying, he is indicating to you that that Mrs. Igna as the applicant, if you wilt, here or the owner of the property the holder of the two Conditional Use Permits is saying in effect that yes, the properties do constitute a public nuisance in their present condition but that she says in effect since s'ie didn't personally cause the vandalism or do the vandalism or what have you, and repair things thereafter by vandalism or otherwise the repairs were undone, so to speak that somehow that excuses her conduct. And that simply is not law, and that secondly is not relevant to this pro- ceeding. To put it in a nutshell, it doesn't make any difference who did it the question is, did they do it and does it constitute a public nuisance? And I would suggest that the Council simply refuse to accept testimony on whether the Police Department is doing their job or not. That's not the problem before them. If there is a complaint that Mrs. Igna has, concerning the conduct of the Baldwin Park Police Department, she has able counsel and we have courts, as you well know, and they are certainly free to file a damage estimate if they think it is appropriate. The question here is whether or not the existing provisions of the zoning regulations has been violated by Mrs. Igna's voluntary or involuntary maintenance of these properties in the condition that constitutes a public nuisance. If you find from the evidence presented that they do in fact constitute a public nuisance, then that's the beginning and the end. It is not a question of who it is that caused the condition to exist. The ultimate responsibility is on the property owner and under those circum- stances, I think Mr. Martin should be permitted to make his, if he will. Offer of Proof, which he has done and I think the Council should reject it. I don't think that it's at all relevant. I don't think it has any bearing on the substantive issues involved and neither on the revocation proceeding. I think the evidence should be confined insofar as the public nuisance aspect is concerned. Do these properties constitute in their condition as of two minutes after eight on March 9, 1978 public nuisance? continued) BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council March 9, 1978 Page 17 If the answer is yes, that's the end of the inquiry. If the answer is no, then the proceeding should be dismissed. Mr. Martin I did not make a full Offer of Proof. Recording unintelligible) nor did I fault the Police Department as the unintelligible) that was his words, not mine. I specifically said I wasn't, was not finding fault with the Department nor any problems the Police Department had, but the results are the same. May I have a couple of minutes, please to confer with my client? If this is going to be the City's position, I may simply, with the approval of my client, expand my Offer of Proof, if the Council please and then rest. Mr. Flandrick That wilt be fine, but before there is a recess, i-;r. Martin, I think we should we should clearly understand one another. That what I am saying and what I am recommending as the Council's position is simply this. That the Council should accept any and a11 evidence from Mrs. Igna, from Mr. Siemans, from your staff people, from anybody else, concerning the physical condition of these properties. But the question of who caused that physical condition in the sense that John Smith broke a window or Mrs. Igna failed to repair a sewer line is totally immaterial. The question is: is there a broken window? Is that true or false? Is there an open sewer line and all the other conditions that Mr. Siemens has described? Has he accurately described them or not? The question as Mr. Siemens has indicated, he doesn't know who caused the condition to exist; a11 he knows is that the condition did exist as of March 6. So that would be my recommendation to the Council, if that is acceptable to you. It is your decision not mine or Mr. Martin's or anyone else's. If you wish to hear the evidence that Mr. Martin is proposing to present to you, that is certainly fine, too. Councilman Hamilton Mr. Mayor Mr. Ftandrick I don't think you have to, is the point. Councilman Hamilton I have a question to Mr. Ftandrick. I think he has already stated it but I wanted the audience to hear it, too. Now, the conditions exist, regardless how it came about. The owner is responsible to take care of their property. In other words, whether it was vandalism or it was deterioration or whatever, then that is her responsibility or whomever owns the property's responsibility to see that it is taken care of and it does not violate the Ordinance or the law of the City or the county. Mr. Flandrick That is absolutely correct. Councilman Hamilton Alright, then, why are we going through all of this stuff that Mr. Martin is bringing out here, which to me has nothing to do with the case whatsoever? It looks to me tike it is a lot of time because if the law, if the violation exists, we listen to a11 the evidence if it's here, then we'11 rule on it. We listen to both sides so everybody has a fair hearing and we go with what the law says. That is a11 I'm asking for. I can't understand what the cont.nued) BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldvnn Park City Council Police Department's got to do with it or somebody else has got to do with it. To me it is a waste of time. Mr. Ftandrick I think you are exactly correct, Mr. Hamilton. Let me try to put it in even a more finer focus, if I may. The sections of the Baldwin Park Zoning Ordinance, which are in effect here or which are being considered here, say, if I may paraphrase the, two things: that if you hold a Conditional Use Permit for any use, you must exercise that Conditional Use Permit in such a manner so that the property, the premises, the buildings, the structures, th° uses, do not constitute a public nuisance. If the property owner, whoever it is, does not comply with that dictate, then that permit is subject to revocation. That's one of the charges that has been leveled against Mrs. Igna's trailer parks this evening. The second charge is that there are conditions of approval which were imposed upon the issuance of those two Conditional Use Permits some ten or twelve years ago, whenever they were issued. They are detailed out in Mr. Kilgour's written comments and in his oral testimony earlier. It is his position that there are, in fact, conditions which have not been complied with. She has not met the various conditions referred to in those permits and again, if you find that that is true, that she has not complied with one or more of those conditions and that the property constitutes a public nuisance, then under the Code you have the authority to revoke both of those permits. If you find that the properties do not constitute a nuisance and/or that they do not stand in violation of those conditions of approval, then you should dismiss the proceedings. Mr. Martin, do you under- stand what the Council's position is now so you can discuss it with your client? Mr. Martin I didn't know that the Council had taken that position. I heard one Councilman take it. I think it is only this far your reconmendation but Mr. Flandrick Well then, let me let me at this point ask the Mayor to poll the Council. Is that, Mr. Mayor, a correct statement of the Council's position? It is my recommendation to you insofar as that position is concerned. Mayor Blewett That's right. Mr. Martin Your Honor, before you do that, may I I indicated I had not fully given my Offer of Proof. Would the Council like to hear my full Offer of Proof before it votes on the recommendation? Mayor Blewett You mean, hear from all your witnesses? Mr. Martin No, no. No, my offer summarization of what I don't wish to adopt or, Mr. Flandrick, make my Offer of Proof, in other words. I would rather Mr. Flandrick I think that is reasonable, Mr. Martin. I think you should be allowed that. Mr. Martin But I did ask if I could have a couple of minutes to confer with my client. continued) March 9. 1978 Page 18 BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council March 9, 1978 Page 19 Mayor Blewett Okay. One question before we do that. You've been bringing up this question of vandalism and something I just can't understand is explain to me, if you can, how cockroach infestation could be vandalized on the property? Mr. Martin I made two points, if you want me to go over them. I said, if your Honor wilt remember, vandalism and it would include her inability to repair matters deteriorated as well as vandalized if she is stoned, her place set on fire, rocks thrown at her constantly whenever she goes out, her sons beat up, she is stoned and beat up on more than one occasion. That's the kind of Offer of Proof I want to expand a tittle on, because it is our position that she not only was unable to effect the repairs but also unable to renovate against the deterioration from other sources. Mayor Blewett Okay. Your request for a two minute recess is granted, and then you want to come back and Mr. Martin Come back and say just a few more I'd like to see my determination my recess obviously is to determine whether my client agrees with me or not to rest on a point of law. AT 8:10 P.M. COUNCIL RECESSED. At 8:15 P.M. Council reconvened. Roil Call was the same as at the beginning of the meeting. Mayor Blewett Mr. Martin, are you ready to proceed? City Clerk Batkus Mr. Mayor, could I ask if Mr. Martin will please speak into the mike? People in the back row say they can not hear. Mayor Blewett Keep it about two inches from your mouth because we don't have a great sound system in this City Hall. The next one had better be good or they will probably hang us all from the yardarms. Mr. Martin Alright, first, I think the position we were it is relevant to what there was not a formal objection of my question to Mr. Siemens respecting the matters that apparently win be the Offer of Proof in the disposition at this level of the proceedings. There was an interjection by Your Honor as to why I was asking these questions. Is there in effect an objection being made to that line of questioning? Mr. Flandrick Yes, Mr. Mayor, I think the comments of the chair should be treated as an objection to the question and of that line of questioning. Mr. Martin Okay, I don't believe if we are on a parallel with the civil procedure in this state and if we make an exception that that is understood that \;o are making an exception to that particular ruling, I will make now my Offer of Proof. Let me say, ordinarily it is generally considered bad form to take one of the hearing officers let me take Mr. Siemens as an example I suppose by earthquake or by concerted action of the neighbors around them for whatever reason, good or bad, founded or unfounded, continued) 8:10 P.M. RECESS 8:15 P.M. COUNCIL RECONVENED OFFER OF PROOF BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council they constantly vandalized his place and U looked like a mell of a hess" all the time. I just wonder how he'd feel about a nuisance action being filed against him when it wasn't in his control. My Offer of Proof, and I am only sin^lin^ you out hypothetical1y and not for any other reason my Offer of Proof, Your Honor, in addition to the matters I have already indicated, should, I think, be expended and put in our own words and perhaps may be, in the one particular, even briefer and then I have one additional offer, I should say. I think you can take what is in effect judicial notice of the Police records of your own City and notice the blotter and the approx- imate daily reports going back on my information from the witness for a period of many months, including recording unintelligible) and certainly in the last four or five months before this hearing. And they have calmed down some records show they have calmed off some because we have instituted successfully a number of unlawful recording unintelligible) proceedings and ousted some of the tenants who were causing some of the trouble. That has only been generally within the last 30 days, approximately, that that has been effected and the tenants have been evicted. However, despite the pro- visions of the lease and certain City ordinances, we would offer to prove that the vandalism that vandalism is the chief the great far majority cause of the instance of the instances which Mr. Kitgour, which Mr. Dawson, which Mr. Siemens cite. Vandalism, both by tenants, by the variety of other occupants of these homes that I have mentioned double and triple families contrary to the contractual lease of Mrs. Igna, contrary to, I am sure, to the City Code or Building Code, and regulations as to how many families may occupy a unit. Sometimes that has been as many as eight adults in some of these units, plus children. There are all kinds a constant flow of visitors would be our third Offer of Proof particularly from adjoining places overnight guests of various categories at the homes. There has been as a result of this over- loading which is beyond the control of the landlady and not her contractual leasing situation at all, an uncontrollable situation of vandalism, of theft as late as yesterday there was carried off refriger- ators. The landlady, if allowed to testify, would testify tonight on this subject I mean if she were allowed to testify as to seeing neighboring youths from across the way running off with refrigerators and other personal property, breaking out toilets. It is obvious, we would offer to prove, that the plumbing and the sewerage breakdown is the single result of tenants and non-tenant people vandalizing and malicious mischief offenses thefts. And so, now, of course that doesn't leave we would submit in our Offer of Proof, the landlady to sit back on her legal rights and say somebody else did it. That's not our position at all. It is coupled with the other Offer of Proof one other Offer of Proof that she has consistently made attempts over the last several months to repair these items. Sirens made recording unintelligible) that upon making repairs or re- placements, fixing block waits, putting back plumbing fixtures, putting back the cap, for example, that in one of these pictures is off the electrical unit, that they are promptly that doesn't necessarily mean the next day but within a matter of days are broken off stolen the objects of malicious mischief or vandalism again. We would offer that not only through the landlady but how many showed up four witnesses are here continued) March 9. 1978 Page 20 BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council tonight. One man which is the man who has been here for seven years on the premises? Your name, sir, and phone? Hampton? Full name, please? Mr. Hampton Alvin L. Hampton. Mr. Martin Alvin L. Hampton. He's been a resident and been in charge, so it makes him particularly cognizant of these conditions and the repetition of the same repair, the effort to repair and the difficulty that they have had in repairing for the last seven years because that has been his specific job. I think he has some kind of rent agreement in exchange with Mrs. Igna, in part or in whole for doing that particular work. So she does maintain a man assigned to this. She has had the help of two adult sons. Bob Igna and Eugene Igna, who have helped make repairs. I know my homework isn't that complete) I know the older son at least Bob Igna) has been stoned and beat up as a result of trying to make repairs out there within the last two months, Mrs. Igna, herself, has been stoned, Alt her windows have been broken out, fire has been set to her own house alright, more than one fire on one occasion on three different occasions, then, has been set to her house. Great amounts of dirt and rocks have been thrown in. The landlady will testify as further Offer of Proof that she fears her own safety, even with her son, who is a big, strapping man I would say over 200 pounds, in his middle thirties and well able to handle himself. But the very size and elusive- ness of the tenants and the visitors who cause this vandalism and make it unable, even for Mr. Hampton, the oldest son. Bob Igna, and Mrs. Igna to go out and make these repairs or if they do get by stones and personal assaults, to maintain them in repair after there is further vandalism or destruction. Now, that of course does not answer Your Honor's particularization of the rot, but the same thing that we would offer to prove that prevents her from going out and making repairs also prevents her from going out and replacing boards or flooring or other things which are pure deteriorization or failure to care. I do object to the word neglect" because it has a connotation of willfulness to it. She was prevented. And may I make it clear that I realize the size of the Baldwin Park force at the time these things have happened was not sufficient to cope, but I submit if that be the case, that there is because the very multiplicity of them and the viciousness of it, a duty to put on more policemen or special police, particularly at night. Why didn't Mrs. Igna do this? Well, I can refer to the records of the courts of this area, but let me just summarize it, not as a matter of judicial notice on your part but is the fact that she has had bad experiences with attorneys maybe she will with the present one, I don't know but I know I don't want to put any attorney's name on the record so allow me not to do that I think you are generally familiar with who has appeared for her) but there has been difficulties with at least four attorneys that I know of in the past and there have been very great sums charged. In other words, what I am getting at is a finding of financial inability due to, in short to high attorney's fees, multiple lawsuits that she's had which make it difficult and we would offer to prove that the sum, in totality, of these various attorneys' fees continued) March 9, 1978 Page 21 BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council March 9, 1978 Page 22 she had six lawsuits going now, criminal and civil, concerning this property, aside from your particular proceeding here tonight) and the totality of her financial condition, the rebellion of her tenants and the various acts of continuing criminal vandat- ization and other offenses that I have detailed, I believe should cause this City to find an im- possibility physical impossibility of compliance at least within practical limits) of course she, if she remained in there, she'd go out and hire an army I suppose would be the answer enough hire the police force to protect her. But I believe, therefore, that the on these grounds the Council should entertain the evidence of impossibility of intervention by a third party's inability of the City to maintain the peace as sufficient excuse for her either 1. to be excused on both grounds 3 and 4 of failure to comply with the Conditional Use Permits on both properties, or as the alternative, be given additional time to correct therefore and be furnished sufficient police protection by the City and required to demonstrate under that pro- tection substantial, progressive compliance on approximately two-week intervals of inspection. Mr. Flandrick Mr. Mayor, I think the position has been made clear insofar as Mr. Martin's client is concerned. My suggestion at this point and my recommendation to the Council is that you reject the Offer of Proof on the grounds that the evidence proposed to be presented is not relevant to the proceeding and refers specifically to subparagraphs 3 and 4 of Section 9483 of the Code and may, in brief, let me read them. This section deals with variances and conditional use permits and paraphrased, it indicates that if either of these two facts that I am about to recite are found present, then that is a basis for revocation. Subparagraph 3 reads: That the permit or variance granted is being, or has been, exercised contrary to the terms and con- ditions of such approval or in violation of any law," subparagraph 4 reads: That the use for which the approval was granted is being exercised so as to be detrimental to the public health or safety, or as to constitute a nuisance." I think, based on those sections, it is my suggestion that the Council rule on the Offer of Proof by refusing it on the basis the evidence proposed is not relevant to the proceeding, and permit Mr. Martin to continue his cross examination or present whatever evidence he has. Councilman Aguilar So moved. Mayor Blewett Second? Councilman Hamilton Second. Mayor Blewett So ordered. Mr. Flandrick Alright, Mr. Martin, then would you care to continue with your cross examination? Mr. Martin No, we will rest on the point of law. Now that I have presented our Offer of Proof, we have no further evidence. Mr. Flandrick Mr. Mayor, I at this time I ask that Mr. Siemens be excused as I think he is more than desirous Thank you, sir, for youi' testimony. continued) REFUSE OFFER OF PROOF ON BASIS EVIDENCE PROPOSEL IS NOT RELEVAl TO PROCEEDING MR. SIEMENS EXCUSED BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council March 9, 1978 Page 23 Mayor Blewett Mr. Siemens, thank you for attending tonight. Mr. Martin I don't know whether Council knows the procedure does the City require exception to be made or is that automatic? Mr. Flandrick No, your objections has been noted and it is in the record. Mr. Mayor, I don't believe the City staff has anything further Mr. Kilgour, Mr. Dawson, was there any further material you wish to present to the Council? Mr. Kilgour I have nothing new to report other than you have all of that which is in the staff reports those things that I have referred to and read. Mr. Flandrick It would be appropriate at this time, Mr. Mayor, then to close the public hearing and to act on the two matters separately. Mayor Blewett Shall I ask if there is anyone else wishes to testify? Mr. Flandrick Yes. Mayor Blewett Is there anyone else in the audience that wishes to testify relative to this matter? Anybody in the audience that would like to testify may come to that microphone and identify themselves and have five minutes whatever time they want they may speak. That includes your client; that includes anybody else in the audience. Mr. Martin Yes, you may speak. He said you could speak. Mayor Blewett Okay, would you swear Mrs. Igna in? Everyone else that is going to testify on this matter please rise and we will swear them in. Anybody else that is going to testify? Raise your right hand, Mrs. Igna. City Clerk Balkus Would you raise your right hand, OATH please, and swear that you will give will be the truth, the whole truth and nothing but the truth, so help you God? Mr. Flandrick Mr. Mayor, if I may, before these people commence their testimony Mrs, Igna and the two gentle- men who have indicated they wished to testify please remember the rules Mrs. Igna, would you just wait and let me finish my sentence, please? Would you please all three remember the ruling that has been made. The only evidence that is relevant to this proceeding is whether or not the two premises involved are in a condition constituting a public nuisance and/or whether or not any conditions of approval have been violated. Council has indicated it will not accept evidence concerning who caused the vandalism, whether the Police Department does a good job or a bad job of whatever. Does everybody understand that? Mrs. Igna Do you want me first or do you want them first, sir? Mr. Flandrick Whatever you want, Mrs. Igna. Mrs. Igna Yes, sir. I'm going to point out that pc TQMA these gentlemen here sent a couple not a couple twenty colored 0/5 over just to vandalize and put continued) BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council their fires and I have their address. And he stole the frigs and the stoves and I have the license number and everything like that. He stole the boy's Councilman Aguilar Point of order. Mr. Flandrick Excuse me. Mr. Mayor Mr. Mayor, I don't know Mrs. Igna I'll prove it to you Mayor Blewett Mrs. Igna, just a second hey Mrs. Ftandrick I don't know what Mrs. Igna's charges consist of or whether there is any merit to them or not, but they have no part of this proceedings, Mr. Mayor, and Mrs. Igna should be advised that if she has a criminal charge to make she should do it in the proper forum, which is right downstairs in the office of the Police Chief. The City Council is not a police function and this is not a police proceeding. Mrs. Igna He sent the boys in there to break in my house Councilman Aguilar Mr. Mayor, I don't want the staff to be picked on. Mrs. Igna and he is in here now. And he put the fires there. I have witnesses for everything I say. Mayor Blewett Okay, thank you, Mrs. Igna. Mrs. Igna He stole my furniture and sold it this gentleman here and I want him to sue me cause I'll sue him. Mayor Blewett Okay, thank you, Mrs. Igna. Mrs. Igna He doesn't tike my color at all. Mayor Blewett Anybody else? There are two other people who were sworn in. would they like to come forward? Your name, sir? William Mann My name is William Mann. Mayor Blewett what is your address? Mr. Mann I stay down there at the trailer court. Mayor Blewett Okay. Which one? 12819? Mr. Mann Yes, and I would just tike to say that I've been there a week and a half and the week and a half that I've been there I could repair a window tonight and tomorrow morning it would be broke out. I can't believe that there is that kind of people in the country today with the laws we have. They children just alt run by and they got a rock and they throw a rock and out goes a window. Mrs. Igna at the present time is trying to put unbreakable glass in these units. As I understand it, the glass is coming in tomorrow. These gentlemen, I've forgotten now which one it was said that they had inspected premises this afternoon and that there was no progress made. They evidently didn't inspect all the equipment because I worked my little fingers continued) March 9, 1978 Page 24 BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council March 9, 1978 Page 25 to the bone today putting unbreakable glass in some of these units. So they evidently didn't e a11 of the units that they claimed they saw. Otherwise, they would'd saw me working out there wit-h my fingers just almost bleeding in fact, cut as you may taking out little broken pieces of glass and putting in unbreakable glass. Mayor Blewett You told you said earlier, if I might interject something you said earlier that the unbreak- able glass was being delivered tomorrow? Mr. Mann Wje^had some unbreakable glass and she said, go ahead rfd put in what we had, and we'll get a new shipment supposed to get a new shipment in tomorrow, as I understand it. And I didn't want to say too much except the fact that it would take a 24-hour guard around those two places to get them the only thing I know to do is to repair the one section where Mrs. Igna stay lives now and then later on possibly doing the other side, because if you put a window in, it sure better be unbreakable, because if it isn't I saw two or three refrigerators go out of the apartments the other day. These gentlemen were there at that time. And the pickup came back, evidently for some more supplies and I went and asked Mrs. Igna if they if this was proper and she said, not at a11, and she went over there and they left. I don't know who they were; I did get the license plate number; I didn't get the names. Mayor Blewett Did you see them? Mr. Mann Yes, sir, and so Mayor Blewett Excuse me just a minute. Chief Chetlino, would you get with this gentleman after the Mr. Mann And I just feet tike that like I say, Mrs. Igna she's not a young woman and I don't blame her I wouldn't get out there and take a chance on getting my block knocked off. I don't blame her a bit in the world. And I just feel like, with a little time, that that place could be made into a nice, liveable place and that's about all I have to say, except the fact that, like I said before, I repeat when you put glass in, it sure better be unbreakable out there. Thank you. Mr. Flandrick Mr. Mann, would you, in accordance with the Mayor's instructions, see the Police Chief, Chief CheHino he's right in the back of the room I think he would like to take a police report on your information. Mr. Mann I don't know him. Garland Harmon My name is Garland Harmon. I live at 3132 Syracuse, just around the corner from the trailer park. That trailer park's been going down for ten eleven years that I've been living around there. And it gets worse and worse and worse and she she says that people she says that people throws rocks at her. We11, she brings it on herself. She stays drunk on vodka and everybody knows it. So that is nothing new. This been going on for ten years. So this is nothing new to that place. And there it is really a holy mess This should be completely shut down until it's either fixed up right or just stay dosed down. Do you want to ask me any questions? What? Mrs. Igna You're drunk. Because you are going to be closed, too, ha, hal continued) GARLAND HARMON BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council March 9, 1978 Page 26 Mayor Blewett Thank you. Thank you, Mr. Harmon. Before I close this hearing, is there anyone else who would wish to testify? I declare the hearing closed Mr. Flandrick Mr. Mayor, the Staff's recommendation as enunciated by Mr. Kitgour, is that with respect to Case CP-130, which is the trailer court and premises at 12819 East Garvey Avenue, that the City Council adopt a Resolution which finds first, that the premises con- stitutes a public nuisance in its present condition and that the various conditions of approval as set forth in that staff report have not been complied with and that therefore that permit should be revoked. Does the Council wish to undertake to consider that Resolution? Councilman Aguitar What number is that? Mr. Flandrick It would be 78-23, is that right, Mrs. Balkus? It would be entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK. REVOKING CP-130, 12819 EAST GARVEY AVENUE; CASE NO. CP-130 Councilman Hamilton So move Resolution. Councilman Aguilar Second. Councilman Aguitar Speak to the question. My first I first came in contact with Mrs. Igna in 1976 when I first was elected it first came up before the Council. At that time I see Mr. Cunningham was in charge of our Building Department and it seemed we went through the same situation we are going on now. We had a slide presentation of the conditions that was about two years ago was it a different park?) well, they say it was a different park but seems the conditions were the same in that park as this park and Mr. Martin made the statement saying that Mrs. Igna has hired attorneys to fight law suits. I think if she would spend some of that money to fix her property up, she wouldn't be in here now and she would still be in business, Mayor Btewett Any comment. Councilman Hamilton? Councilman Hamilton No, I've listened to a11 the evidence and Attorney Martin's summary here of vandalism being the cause and I read the report from Staff, who went through and made the inspection. Now vandalism could not cause 90% of what's in this report, because of such as plumbing and cracked watts, leaky roofs, rotten floors, and deterioration in general So I know that Mrs. Igna has had quite a problem down there probably, with vandalism and this, but this is strictly deterioration. It has been before us many times here in the past ten years and there have been some cases in court and I hate to see a person's business close down because, after a11, you are in business to make money and we a1t wish each one well. But we have a condition down here that has got to be corrected and there are so many complaints. Therefore, that was the reason that I moved that CP-130 it would be revoked the Conditional Use Permit. Mayor Blewett Roll Call vote. continued) PUBLIC HEARING CLOSED RES. NO. 78-23, REVOKING C.U.P. TO OPERATE TRAILER PARK AT 12819 E. GARVEY AVE.; CASE NO.: CP-130 RES. NO. ADOPTED 78-23 BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council City Clerk Balkus Hamilton. Councilman Hamilton Aye. City Clerk Balkus Aguilar. Councilman Aguilar Aye. City Clerk Balkus Blewett. Mayor Blewett Aye. Mayor Blewett So ordered. Mr. Flandrick The second article would be Resolution 78-24. It is entitled identically. It relates to Case No. CP-131 at 12793 East Garvey Avenue. RES. NO. 78-24. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, REVOKING A CONDITIONAL USE PERMIT Councilman Hamilton So moved, Mr. Mayor. Councilman Aguilar Beautiful, Mr. Hamilton. Second. Mayor Blewett Roll Call vote. Madam Clerk. City Clerk Balkus Hamilton. Councilman Hamilton Aye. City Clerk Balkus Aguilar. Councilman Aguilar Aye. City Clerk Balkus Blewett. Mayor Blewett Aye. Mayor Blewett So ordered. Mayor Blewett Is there anything else on this? Mr. Flandrick No, sir, that's Mayor Blewett Okay, I think the next item that we had on the agenda was the Mr. Martin Your Honor, may I request a transcript of the Minutes? And thank you gentlemen for enter- taining our petition. Mayor Blewett What kind of Mr. Martin Do you normally transcribe the Minutes of the meeting? Mayor Blewett Verbatim? Mr. Flandrick Well, Mr. Mayor, it won't be a verbatim transcript. It will be in the form that Mrs, Balkus has done in the past there is the example of the February 2, 1978 Minutes. I suspect that will probably be what, maybe two weeks or so, Mrs. Balkus? City Clerk Balkus It will be just about that. continued) March 9, 1978 Page 27 ROLL CALL RES. NO. 78-24 REVOKING C.U.P. TO OPERATE A TRAILER PARK AT 12793 E. GARVEY AVE, CASE NO. CP-131 RES. NO. 78-24 ADOPTED BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council March 9, 1978 Page 28 Mr. Flandrick Will you present copies of those to Mr. Martin as soon as they have been submitted to Council and approved? Mr. Martin Now whether it will be available for purchase or otherwise a transcript or is there a tape recording of the Minutes of the meeting? Mr. Flandrick We don't have a tape, as such. It is a recording device of some sort. City Clerk Balkus I do have it, if he wants a copy of that. Mr. Flandrick Oh, it is taped, apparently. Mr. Martin Alright, I'll see the Clerk. Mr. Flandrick I think you should see Mrs. Balkus. Mr. Martin Alright, thank you. Mayor Blewett Thank you. Mrs. Igna Thank you. I'm going to sue you all. Mr. Flandrick You might note that in your Minutes. Mrs. Balkus, that the speaker on the last occasion was Mrs. Igna, and indicated she was going to sue us all." 00- Mayor Blewett referred to the Resolution pertaining to the direct election of the Mayor and whether the office of City Clerk shall be appointive. Councilman Aguilar asked if ballot arguments for and against the measures could be written. Mr. Flandrick affirmed that ballot arguments, pro and con, could be submitted by March 24, 1978. He stated that Council could designate itself or a member of the Council to write an argument in favor of either or both of the measures. He said if Council failed to do that, then the first to supply such an argument would be printed. Councilman Aguilar asked if an individual councilman could provide a ballot argument. Mr. Flandrick stated that either the Council could designate a councilman to write the argument or Council could take no action and then any Council- man could submit one on either measure. Councilman Aguilar stated that he wished the Clerk's salary, if appointed, to be stated on the measure. If she were elected, the salary would stay the same. Mayor Blewett agreed and inquired about signatures on the ballot arguments. Mr. Flandrick stated that members of Council can submit ballot arguments, either if designated by Council or not, but that if Council failed to designate anyone, an association or committee continued) RESOLUTION RE DIRECT ELECTION OF MAYOR & WHETHER OFFICE OF CITY CLERK SHALL BE APPOINTIVE BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council and finally, an individual voter could submit a ballot argument to the City Clerk. Councilman Aguilar inquired whether 11 was necessary to designate the financial impact. Mr. Flandrick said this was not a requirement, although this would normally be part of the information contained in a valid argument in favor of or in opposition to a measure. He stated that Council would be provided with copies of that portion of the Elections Code, including the time frame in which everything must be done. Councilman Hamilton asked Mayor Blewett his opinion on why he would prefer to have the Mayor elected. Mayor Blewett stated that general law cities had recently been allowed by the legislature to begin electing their Mayor directly so that people could participate in selection of the Mayor or to remain with the system of allowing the Council to select the Mayor. The people could be the mediator in deciding who would serve in the capacity as Mayor. He said that every City which had been given the choice had voted to have the direct election of the Mayor and that he thought it was desirable for the people to more fully participate in government. Councilman Aguilar inquired whether the Mayor received more money. Councilman Hamilton stated that the Mayor should receive more money as he had more work to do and more meetings to attend than did the Council. Mayor Blewett stated that the Mayor did receive more money than the rest of Council. Councilman Hamilton inquired whether Council had the right to raise an elected Mayor's salary or whether they must go to the vote of the people. Mr. Flandrick stated that the Code provided only for the salaries of Council, based upon population, and the salary of the Mayor would by consistent with this schedule of compen- sation, excepting by vote of the people. If Council wished to set compensation for an elected Mayor, it must also be voted on by adding a third measure to the proposition. Mayor Blewett stated that he thought the present method was adequate as the Mayor was paid an additional $100 per month for attending meetings as Baldwin Park's repre- sentative to the two Sanitation Districts. The Mayor pro tern was the alternate to attend the Sanitation District meetings. The Council had received $200 per month each as compensation since 1966. Councilman Hamilton said that Council had always felt they had a tight budget continued) BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council March 9, 1978 Page 30 and therefore had not raised their own salaries. He stated that he was in favor of a four year term for an elected Mayor, as too much time was spent campaigning rather than working during a two year term in some cases. Mr. Flandrick stated that when the electorate vote on whether the Mayor should be directly elected, they must also vote on whether it should be a two year or a four year term and it must all be submitted at the same time, with the highest number of votes establishing the term of the elected Mayor. Mayor Blewett stated that having a Mayor serve only a two year term while the councilman served four year terms would weaken the Mayor's position, with councitmen trying every two years to ascend to the Mayor's office. He said he thought the people would see that the four year term was the way to do it. City Clerk Balkus read by title: RESOLUTION NO. 78-25, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON JUNE 6, 1978, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY CERTAIN PROPOSALS RELATING TO AN ELECTED MAYOR AND AN APPOINTIVE CITY CLERK FOR THE CITY OF BALDWIN PARK AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON SAID DATE ADOPT RESOLUTION NO. 78-25 AND.WAIVE FURTHER READING. M/S/C: AGUILAR/HAMILTON. Roll Call. There were no objections. Councilman Hamilton stated he had supported the Resolution because the people would have the right to vote it in or to vote it down. City Clerk Balkus read by title: RESOLUTION NO. 78-26, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF THE CITY OF BALDWIN PARK TO BE HELD ON JUNE 6, 1978, WITH THE PRIMARY ELECTION TO BE HELD ON JUNE 6, 1978, PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE ADOPT RESOLUTION NO. 78-26 AND WAIVE FURTHER READING. M/S/C: AGUILAR/HAMILTON. Ro11 Call. There were no objections. 00- Councitman Hamilton thanked the people of Baldwin Park for electing him. He had served for ten years. He congratulated the new Council and asked a11 the people of the City to assist their new Council in working for a better community continued) RES. NO. 78-25, ORDERING, CALLING, PROVIDING FOR & GIVING NOTICE OF SPEC. MUNICIPAL ELECTION 6/6/78, SUBMITTING TO VOTERS PROPOSALS RE ELECTED MAYOR & APPOINTIVE CITY CLERK & CONSOLIDAT- ING SAID ELECTION WITH STATEWIDE PRIMARY ELECTION RES. NO. 78-25 ADOPTED RES. NO. 78-26, REQUESTING THE BD. OF SUPERVISORS OF COUNTY OF L.A. TF- CONSOLIDATE A SP- MUNICIPAL ELECTS IN B. PK. 6/6/78 WITH PRIMARY ELE/ ION 6/6/78 RES. NO. 78-26 ADOPTED BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1978 03 09 CC MIN;¢f4ÈS Adjourned Regular Meeting of the Baldwin Park City Council Councilman Aguitar requested that the City Manager provide the new City Council with a list of the organizations and dates and times of attendance by the Council. Acting City Manager Sexton stated those would be mailed the following morning. 00" AT 9:02 P.M. THE MEETING ADJOURNED. M/S/C: HAMILTON/AGUILAR. There were no objections. 00- March 9, 1978 Page 31 ACTING CITY MGR. MAIL INFORMATION ON ORGANIZATION ATTENDANCE TO NEW CITY COUNCIL 9:02 P.M. MEETING ADJOURNED APPROVED: C\ 1978 Date of Distribution to City Council: March 31, 1978 Date of Distribution to Departments: March 31, 1978 BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 Adjourned Regular Meeting of the Baldwin Park City Council March 9, 1978 Page 11 Mr. Siemens It has deteriorated and I would assume some of it is due to vandalism. There is broken windows. There is who broke them I have no idea. Mr. Martin Would you be wilting to assume that a11 of it was vandalism, or a major part of it? Mr. Siemens No, I don't think I could assume that. Mr. Martin What other cause substantial cause could you find for this type of deterioration other than that? Mr. Siemens Neglect for cleaning, for example, and neglect of plugging sewer tines. Neglect of installing proper sewer lines. Mr. Martin There is a failure to install in some places but that is not a type of deterioration nor is it did you notice premature wearing because of recording unintelligible)? Mr. Siemens Yes, may I give you an example? Mr. Martin Sure. Mr. Siemens Alright, there was an extensive fire to a mobile unit at 12793. The mobile home adjacent to that the sewer tine which is of a schedule something no, I'm not sure of a schedule for it but a plastic sewer line had melted. This causes an open sewer tine. Also a line should be plugged. To me, this is a deterioration that was neglect to correct that situation. Mr. Martin Alright, in other words, but still the basis for original cause was vandalism in the form of fire or arson. Mr. Siemens I have no idea how the fire started. Mr. Martin How many units are out there? Mr. Siemens Mobile units? Mr. Martin and apartments. Alt together. Mr. Siemens The mobile units. We looked at every site and I believe it is something like eleven in one park and twenty three I can't remember twenty three or twenty four on the other. I don't recall, Mr. Martin How long did you stay out there on the 6th? Mr. Siemens On the 6th of March, we were there a good portion of the morning. It was, oh, I assume we arrived there about 9:30 or 10 o'clock and we left there sometime afternoon. Mr. Martin Did you make any written notes or memoranda other than is contained in the report? Did you supplement that with notes? Pencil or pen in your own Mr. Siemens Yes. continued) BIB] 37656-U01 1978-U02 03-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9594-U03 DO9669-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06