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HomeMy WebLinkAbout1979 01 03 CC MIN1979 01 03 CC MIN;¢f4Ê6CITY COUNCIL MINUTES INDEX JANUARY 3. 1979 7:30 P.M. Mayor White's Statement re Police investigation of October 14, 1978 incident 1 Consent Calendar 1 Approve Minutes of 10/12/78 and 11/6/78 RES. NO. 79-1 CLAIMS AND DEMANDS Adopted RES. NO. 79-2 CLAIMS AND DEMANDS Adopted ORD. NO. 789 AMEND M.C. SECTS. 2435 THRU 2438 YOUTH ADVISORY COMMISSION Adopted RES. NO. 79-3 SUPPORT SENATE BILL 29 AND 31 PROVIDE STATE SURPLUS FUNDS TO SP. DISTRICTS Adopted RES. NO. 79-4 APPROVE APPLICATION FOR GRANT FUNDS UNDER STATE LITTER CONTROL Adopted Concur with Recommendations on Consent Calendar; add Warrant No. 12322 Aman Brothers 2 Public Hearing MV-82 3025 Maine Nick Satazar 2 Petition requesting denial 2 Testimony: Nick Satazar, Owner 2-3 Discussion RES. NO. 79-5 DENYING MV-82 Adopted 3 Council directed study be made & policy established 3 Council request list of prior approved MVs 3 Letter of Invitation from Roadrunner Football League 3 County Assessor furnish City with Estimate of Assessed Valuation 3 Nadja Cole re Personnel Services Division 3-4 School District's resolution on Mandatory busing 4 Obtain copy of School Board's Res; prepare City resolution 4 Historical pictures City Halt be identified 4 Business known as Head Shop sell of books and equipment related to dope 4 Discussion 4-5 Pat Zupkofska request report on P.D. investigation of October 14, 1978 complaints 5 Bill Cordova 5 Eugene Bait 5 Fred Aguitar 5 Regina Rocha re wording on Notice to Address Council" 5 Discussion re P.D. investigation 5 Council to consider P. D. Report on 2/7/79 9:25 p.m. Meeting adjourned 6 BIB] 37656-U01 1979-U02 01-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9702-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 01 03 CC MIN;¢f4Ê6 UNOFFICIAL UNTIL APPROVED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 E. Pacific Avenue WEDNESDAY, JANUARY 3, 1979 AT 7:30 P.M. The City Council of the City of Baldwin Park met in regular session in the Council Chambers at 7:30 p.m. 00- An invocation was given by Rev. Russell Chambers, Personal Christianity Chapel. Councilman McNeitI led the salute to the flag. COUNCILMAN AGUILAR, IZELL, KING, MC NEILL AND MAYOR WHITE Roll call: Present: CITY MANAGER SEXTON, Also Present: CITY ATTORNEY FLANDRICK, DIRECTOR OF ADM. SERVICES HALLOWAY, DIRECTOR OF COMMUNITY DEVELOP. KELLY, CHIEF OF POLICE CHELLINO, ACTING CITY ENGINEER FRENCH, DIRECTOR OF HOUSING AND ECONOMIC DEVELOPMENT CUNNINGHAM, CITY PLANNER KILGOUR AND CITY CLERK BALKUS INVOCATION FLAG SALUTE ROLL CALL Absent: CITY TREASURER MONTENEGRO 00- Mayor White said the police investigation of the wedding reception arrest complaints had not been completed. A11 essential witnesses had not been interviewed. He hoped the report would be available by January 17, 1979 depending upon the availability of witnesses and their willingness to be interviewed. 00- City Clerk Batkus presented the Consent Calendar: 1. APPROVE MINUTES OF OCTOBER 12, 1978 AND NOVEMBER 6, 1978 WAIVE FURTHER READING, ADOPT 2. WEDDING RECEPTION ARREST COMPLAINTS REPORT BY 1/17/79 3. RESOLUTION NO. 79-1 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK WAIVE FURTHER READING, ADOPT RESOLUTION NO. 79-2 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. WAIVE FURTHER READING, ADOPT ORDINANCE NO. 789 AMENDING ARTICLE II, CHAPTER 4, PART C, SECTIONS 2435 THROUGH 2438 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO COMMISSIONS 5. WAIVE FURTHER READING, ADOPT RESOLUTION NO. 79-3 URGING SUPPORT OF SENATE BILL NO. 29 AND SENATE BILL NO. 31 TO PROVIDE STATE SURPLUS FUNDS TO SPECIAL DISTRICTS 6. WAIVE FURTHER READING, ADOPT RESOLUTION NO. 79-4 APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE STATE LITTER CONTROL, RECYCLING AND RESOURCE RECOVERY FUND Continued) BIB] 37656-U01 1979-U02 01-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9702-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 01 03 CC MIN;¢f4Ê6Regular Meeting of the City Council of the City of Baldwin Park January 3, 1979 Page 2 CONCUR WITH RECOMMENDATIONS ON CONSENT CALENDAR, ADD WARRANT NO. 12322 CONCUR WITH RECOMMENDATIONS ON CONSENT CALENDAR INCLUDING ADDITION OF WARRANT NO. 12322; $13,725 TO AMAN BROS. TO RESOLUTION NO. 79-1. M/S/C: AGUILAR/IZELL. There were no objections. 00- It was the time and place fixed for a public hearing on MV-82, an appeal from the decision of the Planning Division for a Minor Variance to keep 15 chickens on property located at 3025 Maine Avenue; applicant, Nick Salazar. PUBLIC HEARING APPEAL MV-82 3025 MAINE AVENUE NICK SALAZAR Proper publications, postings and mailings had been accomplished. PUBLICATIONS. POSTI AND MAILINGS PETITION REQUESTING DENIAL A petition had been submitted signed by 6 adjoining property owners or residents requesting denial because of flies, a health hazard and property depreciation. Mr. Ketly gave a brief resume of the agenda packet report. Mayor White declared the public hearing open. PUBLIC HEARING OPENED NICK SALAZAR, OWNER Nick Satazar, owner, stated he had purchased the property and had invested $22,000. There was much debris on the property and he has removed five truck toads and has built a garage and a room. The property is not a11 cleaned up but is cleaner than adjoining properties. Clean up will take another week. He wi11 build special coops for 15 chickens. In answer to Councilman Izell, Mr. Salazar said he had about 12 to 15 game hens and roosters and about a month ago had about 60. Councilman Izett said he had counted about 35 chickens and that chickens make a lot of racket at 5 a.m. Mr. Salazar said the freeway makes more noise 24 hours a day than chickens do. As there was no further testimony either in favor of or in opposition to MV-82, Mayor White declared the public hearing closed. PUBLIC HEARING CLOSED Discussion followed that with a minor variance 15 chickens DISCUSSION had been allowed as a city policy for the last five years. Councilman McNeill questioned that the Zoning Code allowed chickens in an R-1 zone. He concurred with the denial of the Planner and suggested an R-1 study regarding chickens and other animals. An ordinance should apply equally to a11 R-1 zoned property. Mr. Flandrick said minor variances could be deleted from the zoning code. A minor variance requires findings of fact to support the decision. He said all variances are granted subject to revocation and modification. Violations can be terminated after a public hearing. Councilman King favored minor variances to allow flexibility in administering the code. Councilman Aguilar concurred with Councilman King. Discussion followed concerning allowing three animals and Mr. Flandrick explained that the definition of three household pets in the code read, Household pets shall mean any domesticated Continued) BIB] 37656-U01 1979-U02 01-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9702-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 01 03 CC MIN;¢f4Ê6Regular Meeting of the City Council of the City of Baldwin Park animal commonly maintained in residence with man. It shall not include horses, pigs, goats, roosters or any animal which is, or could be, dangerous to 1ife or 1imb." Mayor White reopened the Public Hearing. January 3, 1979 Page 3 PUBLIC HEARING REOPENED Mr. Salazar questioned the difference between an ordinary chicken and a game chicken in the City and why people are not told the requirements before an application is made. Mayor White declared the public hearing closed. Mayor White said that an ordinary chicken versus a game chicken is not germane to the hearing and an inspection had been made of the property and a recommendation had been made accordingly. He said there was a provision in State Penal Code Section 333 regarding maintaining fighting cocks, but this does not apply generally to keeping game animals. City Clerk Balkus read by title: RESOLUTION NO. 79-5 DENYING A MINOR VARIANCE APPLICATION LOCATION: 3025 NORTH MAINE AVENUE; APPLICANT: NICK SALAZAR; CASE NO. MV-82) WAIVE FURTHER READING, ADOPT RESOLUTION NO. 79-5. M/S/C: AGUILAR/MC NEILL. Roll call. There were no objections. Discussion followed. The City Council directed that an objective study be made and a policy established that will apply equally throughout the City, have some flexibility but objective so the policy will apply to all properties equally; furnish list and locations of all prior approved minor variances, especially for chickens and how many were allowed. 00- City Clerk Balkus read a letter of invitation from George Archibeque on behalf of the Roadrunner Football League. A certificate from the City will be presented at an awards presentation January 13th at Morgan Park between 12:00 and 4:00 p.m. Fred McNeill wilt be guest speaker. Mayor White expressed thanks for the invitation and said he would be present. 00- MOVED, SECONDED AND CARRIED THAT THE COUNTY ASSESSOR FURNISH THE CITY OF BALDWIN PARK WITH AN ESTIMATE OF ASSESSED VALUATION OF THE CITY NO LATER THAN MAY 15, 1979, AS PROVIDED IN THE SECTION 27421 OF THE GOVERN- MENT CODE, AND THAT THE CITY CLERK BE INSTRUCTED TO NOTIFY THE COUNTY ASSESSOR OF THIS REQUEST. KING/MC NEILL. There were no objections. 00- Mr. Hattoway introduced Nadja Cote. She gave a report on the Personnel Services Division of Administrative Services. She said that during the first years after incorporation Personnel was handled by each department. In 1976 the Personnel was placed under the City Manager Continued) RES. NO. 79-5 DENY MV-82 RES. NO. 79-5 ADOPTED COUNCIL DIRECTS STUDY MADE AND POLICY ESTABLISHED; REQUEST LIST OF PRIOR APPROVED MVS LETTER OF INVITATION ROADRUNNER FOOTBALL LEAGUE COUNTY ASSESSOR FURNISH CITY WITH ESTIMATE OF ASSESSED VALUATION NADJA COLE RE PERSONNEL SERVICES DIVISION BIB] 37656-U01 1979-U02 01-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9702-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 01 03 CC MIN;¢f4Ê6Regular Meeting of the City Council of the City of Baldwin Park and in 1978 with the reorganization. Personnel became a division. Personnel service costs constitute approx- imately QQ% of the Budget. Personnel functions are recruitment and selection, compensation and benefits, labor relations and training and development. The City offers equal opportunity without discrimination to obtain a work force which reflects the general popula- tion. The division recommends a classification/salary/ benefit plan to attract and retain employees. Policies and procedures consistent with the law and protective of the employee are established. Career development is encouraged. New Personnel Rules and Regulations and an employer/employee labor relations policy resolution and procedure manual are in process. Future projects include a revised/updated classfication/salary plan, a merit and appraisal system and a standarized personnel documentation/reporting system. In answer to Councilman King, Mrs. Cole said the recruitment/testing depended upon the position and the requirements. 00- Councilman Ize11 suggested that the City Council adopt a resolution supporting the School District's resolution against mandatory busing. Councilman McNeill and Councilman King felt that this was not a City Council function and the City should not become involved. ADOPT A RESOLUTION SUPPORTING THE SCHOOL BOARD'S ACTION AFTER A STUDY IS MADE. M/S: IZELL/AGUILAR. Discussion followed that the City does represent the Community and does have certain obligations and can also express themselves as individuals. The motion and the second was withdrawn. Mayor White suggested that a copy of the School Board's Resolution be obtained and a City resolution be prepared for presentation to the Council. 00- January 3, 1979 Page 4 SCHOOL DISTRICT'S RESOLUTION ON MANDATORY BUSING ADOPT RES. SUPPORTING SCHOOL BOARD'S ACTION AFTER STUDY IS MADE MOTION WITHDRAWN OBTAIN COPY OF SCHOOL BOARD RES. PREPARE CITY RES. RE BUSING Councilman Izell requested that the historical pictures displayed throughout City Hall be identified and marked by a historical committee. Mayor White suggested that this request be directed to the Historical Society. 00- Councilman Izelt expressed concern that a business known as the Head Shop had been in operation for two years. They sell books and equipment related to dope. His concern was the availability of this information to teenagers and that there could be a similar operation elsewhere in the City. Chief of Police Chellino said no narcotic laws were being broken and Mr, Flandrick said that it is a first amendment right to be able to sell books on any subject matter that has any social redeeming feature and there was no way to regulate the sale of this material. Mr. Flandrick said he would research the Code; however, the City does have a limited authority in this area. Continued) HISTORICAL PICTURES CITY HALL IDENTIFIED BUSINESS KNOWN AS HEAD SHOP SELL OF BOOKS & EQUIPMENT RELATED TO DOPE BIB] 37656-U01 1979-U02 01-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9702-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 01 03 CC MIN;¢f4Ê6Regular Meeting of the City Council of the City of Baldwin Park Mayor White asked that the staff maintain vigilance and if anything should occur that it be brought to Council's attention. January 3, 1979 Page 5 00- Mrs. Pat Zupkofska, 14218 Calais Street, asked for a report on the police investigation of the October 14, 1978 complaints. PAT ZUPKOFSKA REQUEST REPORT ON P.D.INVESTI- GATION OF 10/14/78 COMPLAINTS Mayor White said the investigation was in progress and almost completed; however, some witnesses had not been available for interview. Mrs. Zupkofska said her oldest son was reluctant to be interviewed as the police already had a report and pictures of officers present on October 14, 1978 were not available so he could identify them by sight. Mayor White said every professional investigative step will be taken and if Council feels there is any inadequacy, it will be redone completely and thoroughly. There was much confusion at the time and there are always two sides to every question. Bill Cordova, Sr., 14205 Anada Street, read a statement concerning Johnny Garcia and events witnessed on October 14, 1978 Copy in official files). In answer to Councilman Izell, he said there were eight police cars present on Baldwin Park Boulevard. In answer to Councilman McNeitt, he said he had made out a written report a couple of days after October 14, 1978 and had given it to the parties who came before Council. He thought he would be contacted but he wasn't. They had advised him to be at this Council meeting. Eugene Ba11, 14212 Calais, questioned why so many cars and why the sheriffs had been present. He questioned when the police investigation report would be available and expressed concern that the same police procedures were still in effect. Fred Aguitar, 14601 Sanders Street, La Puente, said he felt that the investigation should not be internal, but should be made by a non-partial group not involved and that the report should be expedited. He said he felt the Council should take a position on school busing as it is a social issue. 00- Regina Rocha, 4645 Bogart, requested that the wording on the Notice to Address Council" be changed and Mayor White said the change would be made. 00- Councilman McNeilt said identification of anyone should be made by line-up rather than from pictures as there is too much chance of error in looking at pictures. He said he felt that there had been sufficient time for those involved to come in for an interview. He requested that the available information be forwarded to the Council and thanked the people for their patience. In answer to Councilman King, Mr. Sexton said the results of the investigation wi11 be available to him next week. Councilman Aguitar concurred with Councilman McNeill and added that Council should have at least a week in which to read the report. 00- BILL CORDOVA EUGENE BALL FRED AGUILAR REGINA ROCHA RE WORDING ON NOTICE TO ADDRESS COUNCIL DISCUSSION RE P.D. INVESTIGATION BIB] 37656-U01 1979-U02 01-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9702-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 01 03 CC MIN;¢f4Ê6Regular Meeting of the City Council January 3, 1979 of the City of Baldwin Park Page 6 Chief of Police Chetlino said he hoped the reports would reach his office next week for his review. Delays have resulted from postponement of interviews. This was the first time he had seen the statement from Mr. Cordova presented this evening. Mayor white explained that the functions of the Police Department are continuous and an investigation is time consuming with many interviews which are sometimes conflicting. This requires additional interviews, The Holiday Season has put an additional strain on the Department and has made it more difficult to schedule interviews. The results of the investigation will most likely be available to the proper parties. It must be accurate and cannot be rushed. It will be completed as soon as possible. He directed that the staff go forward with alt practical haste. Discussion followed. Councilman McNeitI suggested February 7th as a tentative target date. In answer to Councilman Aguilar, Mr. Flandrick said the report from the Chief of Police to the Council would not be a public document. What is released will come from the City Council and he recommended that Council review the report in depth before all or any part of the report is released. What can be released will depend on problems that could arise in terms of possible future disciplinary actions and possible litigation. He urged caution. Council concurred that a report would be consided by the COUNCIL TO CONSIDER City Council at the February 7, 1979 meeting. P. D. REPORT 2/7/79 In answer to Mr. Bail, Mayor White suggested that Mr. Ball's attorney contact City Attorney Flandrick regarding reports and information. 00- AT 9:25 P.M. THE MEETING ADJOURNED. M/S/C: KING/MC NEILL. 9:25 P.M. MEETING There were no objections. ADJOURNED 00- S^^r— THELMA L. BALKUS, CITY CLERK /^ APPROVED: A^-^^^-y //. /f7f 7———y Date of Distribution to Council: January 12, 1979 Date of Distribution to Departments: January 12, 1979 BIB] 37656-U01 1979-U02 01-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9702-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06