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HomeMy WebLinkAbout1979 02 07 CC MIN1979 02 07 CC MIN;¢f4ÊLCITY COUNCIL MINUTES INDEX FEBRUARY 7, 1979 7:30 P.M. Page RES. NO. 79-11 Commending Philip Kitgour Adopted 1 Presentation of Resolution and Plaque Consent Calendar 1&2 Minutes 1/17/79 and 1/29/79 Approved RES, NO. 79-12 Claims and Demands Adopted Except Warrant No. 12501 Claim Denied Charles Gilbert Fritot Claim Denied Dolores Dora Urueta Agreement Bassett Little League Syhre Park Approved Agreement B.P. Unified School District Recreation Pleasant View Budget Amendment Police Department Jail Facility Approved RES. NO. 79-13 Request Payment County Aid to Cities Streets Approved CONCUR WITH RECOMMENDATIONS ON CONSENT CALENDAR Except 2 Item 2, Res. No. 79-12) Calais Street Wedding Party Statement 2 City Attorney Opinion 2&3 Warrant No. 12501 2 SCAG Study Membership 3 Planning Commission Change Ordinance Reduce Membership to 5 3 Rosa Pimentel Re Calais Street Wedding Party Eugene Ba11 Re Calais Street Wedding Party 4 Gloria Zook Commending Police Department 4 Patricia Zupkofska Re Calais Street Wedding Party 4 Mayor White Re statement Calais Street Wedding Party 4 Jane Lucas Commending Police Department 4&5 Sandra Neat Re Police Department 5 Alma Garda Re Police Department 5 Mayor White Re Police Department 5&6 Councilman McNeitt Re Police Department 6&7 B:-25 P.M. Adjournment 7 *" A / f 1 t V1 &./,^. BIB] 37656-U01 1979-U02 02-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9705-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 02 07 CC MIN;¢f4ÊLUNOFFICIAL UNTIL APPROVED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 E. Pacific Avenue WEDNESDAY. FEBRUARY 7, 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. Roger Sawyer, First United Methodist Church. Mayor White led the salute to the flag. Roll Ca11: Present: COUNCILMAN AGUILAR. IZELL. KING. MC NEILL AND MAYOR WHITE Also Present: CITY MANAGER SEXTON, 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 TREASURER MONTENEGRO AND CITY CLERK BALKUS 00- Mayor White read in full: INVOCATION FLAG SALUTE ROLL CALL RESOLUTION NO. 79-11 COMMENDING PHILIP D. KILGOUR FOR HIS OUTSTANDING SERVICE TO THE CITY OF BALDWIN PARK WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 79-11. M/S/C: MC NEILL/KING. There were no objections. Mayor White presented the Resolution and a City plaque to Philip D. Kilgour, Director of City Planning from 1975 to 1979. 00- City Clerk Balkus presented the Consent Calendar: 1. APPROVE MINUTES OF JANUARY 17, 1979 AND JANUARY 29, 1979 2. WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 79-12 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 3. DENY CLAIM AGAINST THE CITY CHARLES GILBERT FRILOT 4. DENY CLAIM AGAINST THE CITY DOLORES DORA URUETA 5. APPROVE AGREEMENT BASSETT LITTLE LEAGUE CONCESSIONAIRE AT SYHRE PARK AND AUTHORIZE EXECUTION BY MAYOR AND CITY CLERK 6. APPROVE COMMUNITY RECREATION AGREEMENT WITH BALDWIN PARK UNIFIED SCHOOL DISTRICT FACILITIES DEVELOPMENT AT PLEASANT VIEW SCHOOL AND AUTHORIZE EXECUTION BY MAYOR AND CITY CLERK Continued) RES. NO. 79-11 COMMENDING PHILIP D. KILGOUR RES. NO. 79-11 ADOPTED CONSENT CALENDAR BIB] 37656-U01 1979-U02 02-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9705-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 02 07 CC MIN;¢f4ÊLRegular Meeting of the City Council of the City of Baldwin Park February 7, 1979 Page 2 7. APPROVE BUDGET AMENDMENT POLICE DEPARTMENT TRANSFER OF $510 FROM SALARY ACCOUNT TO CAPITAL OUTLAY FOR JAIL FACILITY 8. WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 79-13 REQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES FUNDS FOR THE MAINTENANCE OF SELECT SYSTEM STREETS $69,323) 9. APPROVE WAIVER OF FORMAL BID PROCEDURE EQUIPMENT FOR NEW CITY MAINTENANCE FACILITY IN ACCORDANCE WITH M.C. SECTION 2803(c) CONCUR WITH RECOMMENDATIONS ON CONSENT CALENDAR EXCEPT ITEM TWO Res. 79-12 Claims and Demands). M/S/C: AGUILAR/IZELL. There were no objections. CONCUR WITH RECOMMENDATIONS ON CONSENT CALENDAR EXCEPT ITEM TWO 00- Councilman King requested that Warrant No. 12501, SCAG dues, in the Claims and Demands resolution be deleted at this time. WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 79-12, DELETING WARRANT NO. 12501. M/S/C: KING/MC NEILL. There were no objections. 00- Mayor White stated that the Council had met in executive session after having had the opportunity to study and deliberate on the Calais Street investigation. He read a statement that had been agreed upon by the City Council as to their findings. Regarding police officer misconduct, he read: The investigation failed to establish evidence sufficient to bring charges against any officer; neither the Chief, the City Manager nor the Council can say for certain that alleged acts of misconduct did or did not occur. White it is clear that the officers carried out their duties in a professional manner in a difficult situation in general, the evidence as to some specific allegations is con- flicting and inconclusive. Both State law and municipal policy prohibit the Council from making this type investigation public. It is available to those County, State and Federal agencies empowered to investigate such matters and the District Attorney for the County of Los Angeles; the Deputy in charge of special investigations has been notified of this incident." Copy of complete statement in official files). Mayor White requested that City Attorney Flandrick comment relative to the legal issues on releasing information from the investigation. Mr. Flandrick said it was his opinion that in view of the distinct possibility of civil litigation arising out of this incident, none of the material contained in the investigative report prepared by Continued) RES. NO. 79-12 CLAIMS & DEMANDS ADOPTED CALAIS STREET INVESTIGATION CALAIS STREET STATEMENT CITY ATTORNEY OPINION BIB] 37656-U01 1979-U02 02-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9705-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 02 07 CC MIN;¢f4ÊLRegular Meeting of the City Council of the City of Baldwin Park February 7, 1979 Page 3 the Chief of Police and various officers in the department and transmitted to him, should be made public record in the absence of a court order requesting and directing that it be made available to that court or some other public agency. He said this opinion was concurred in by Mr. Gilbert Garcetti of the District Attorney's office because there are pending criminal matters arising out of this incident. 00- Councilman King said that, regarding Warrant No. 12501, he had asked the City Manager for information on SCAG and news items had been included with the Council packets. He read excerpts from the items. His concern was that the organization may have become cumbersome and less responsive. He was not saying that the City should withdraw but he suggested that the City Manager make a study and see how many cities are dissatisfied and how many have withdrawn from the organization which governs six counties and 125 cities. SCAG reviews local government applications for Federal funding on grants. Councilman McNe111 expressed concern regarding the funding of Baldwin Park grants. In answer to Mayor White, Mr. Cunningham said City allocations for HCDA funds is three fourths of a million dollars annually, plus special grants we have received. He felt that the City had received a fair share of the grants, however some of the SCAG policies force us to comply in order to get these grants whether we feet it is best for the City or not. Council concurred that this issue warranted further study. 00" Mayor White said he had talked with members of the Planning Commission, the City Council and the Director of Community Development and it had been proposed that the Planning Commission membership be reduced to five members. Council discussion followed wherein a11 concurred that a five member Planning Commission, the same as a five member City Council, would be acceptable. Mayor White, with Council concurrence, requested that the Ordinance be rewritten to effect the change to be effective in July, 1979. STUDY SCAG MEMBERSHIP PLANNING COMMISSION DISCUSSION CHANGE ORDINANCE EFFECTING A FIVE MEMBER PLANNING COMMISSION 00- Rosa Pimentel, 4639 Jerry, read an excerpt from an article titled Criminal Violence Criminal Justice" from Nuestro Magazine, January/February issue. Page 6. She said her complete sentence in the November 15, 1978 minutes should have been Time wi11 te11 whether those gentlemen who occupy the seats of)the Council are men of true moral commitment and,principles;/' 00- ROSA PIMENTEL BIB] 37656-U01 1979-U02 02-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9705-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 02 07 CC MIN;¢f4ÊLRegular Meeting of the City Council of the City of Baldwin Park February 7, 1979 Page 4 Eugene Ball, 14212 Calais, said he felt the Council was wrong when the Mayor read the statement. He said he was upset by Council's decision; the investigation report was not good. He said he had been totd he would receive a copy of the report which he has not received. Some of his children were present at this meeting but his son would not come. He was concerned as his son and the other children now have no respect for the law and they wilt remember this the rest of their lives. He said Councilman McNeill raised his boys here and the Police Department was lousy then as it is now. He said the Council was elected to protect the people and they have authority over the Police Department. Mr, Ba11 said he felt he would receive a better trial in court than he has here tonight; he believes he wilt be set free. If not, he will serve his time and not pay a dime to the City. 00- Gloria Zook, 4817 N. La Rica, said she commended the Police Department; that we tend to forget that policemen, tike doctors, are just human beings. Last Friday night their home was burglarized white they slept. The Police Department was called Saturday morning and came within a few minutes and much time was spent taking fingerprints, etc. She said she thought we have a good Police Department; people respect them and she respects them. 00- Patricia Zupkofska, 14218 Calais, said they had a theft at their home and the Police Department, after other calls, came eight hours later, so they do not always respond quickly; luckily her homeowners insurance took care of it. She said, regarding the evasive attitude of the Council that the Council was aware of criminal charges pending on Mr. Ba11, but Council made them believe that Council would in turn give a decent report, not three minutes of saying nothing in a nice way which did not help them one bit. 00- Mayor White read from the report as follows: The investigation failed to establish evidence sufficient to bring charges against any officer". He said this was Council's basic responsibility to see if there was such evidence. That is what Council had looked into and that was the answer given tonight and unless new evidence developed that was the final answer. 00- Jane Lucas, 21 year resident of the City, said she felt we're to be honored to have a Police Department tike we have here. She said she works almost daily with the Police Department when she has a problem; when calls come in they are probably out taking care Continued) EUGENE BALL GLORIA ZOOK PATRICIA ZUPKOFSKA MAYOR WHITE JANE LUCAS BIB] 37656-U01 1979-U02 02-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9705-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 02 07 CC MIN;¢f4ÊLRegular Meeting of the City Council of the City of Baldwin Park February 7, 1979 Page 5 of another problem and a11 turn. She said you've got beat the Police Department Park and she's proud to be Park. have to await their to go a long way to you have in Baldwin a part of Baldwin 00" Sandra Neal, 3818 Athot, said she sympathized with the Police Department; that inadequacies she has experienced is because of the lack of police officers and because of the lack of citizens in town to get involved and to help those officers. However, her home was burglarized and it took two hours for them to arrive. They did not take fingerprints and their appraisal of furniture brought the appraised value so low that all she was able to replace was the T.V. set. In a three year period when she has called the Police Department it took them 45 minutes to an hour to come. Many officers have come and gone from the City and all have told her the same thing, there's not enough manpower or experience, and for the last three weeks she's heard that there is not enough leader- ship. She said the morale is tow and something is wrong and she has heard it suggested two years ago that there would be a Citizens Committee. She said she understood with the legal limitations why Council cannot make a decision on whether J. Garcia or the Police Department was right, but she thought that Council could recommend something to bring the people closer to their officers so the people will know what is happening in the Police Department and know that the Council is concerned. 00- Alma Garcia said that last Monday night on her way to Living Hope Baptist Church and going down Pacific a police officer had harassed and followed her all the way until she turned in to the church, then the officer made a U-turn and went the other way. She said that many officers do not give signals and she had done nothing wrong and there was no reason for the officer to follow her and she has yet to find one who win even say hello" to her. 00" Mayor White declared Oral Communications dosed and explained that the Police Department represents the largest part of City services. They are engaged in situations where there are many controversial activities, and where people have been taken into custody forcibly, this invariably is a spark- producing situation. When criminal charges are filed they cause heartbreak and alienation with the Police Department. He said the City hires the best officers they can pay for and they are trained at Rio Hondo. They are supervised to the best of the City's ability and we intend to do better as new ideas develop. Continued) SANDRA NEAL ALMA GARCIA MAYOR WHITE BIB] 37656-U01 1979-U02 02-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9705-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 02 07 CC MIN;¢f4ÊLRegular Meeting of the City Council of the City of Baldwin Park February 7, 1979 Page 6 He said most complaints wiLh any po1ic department in 1979 are that thiy do not respond quickly. Due to Proposition 13 som^ customary police services have bepn cut and th^re wi^ I probably be more cutbacks. Crime in th^ Metropolitan area is up 20% and it is about the same in suburban areas. Police services are taxed and ba Idling alt things the peoples rights relative to the demand how many police can respond lo ne a1"i people wanting to live more Freely nd h^v^ t^rg^ parties, it's not easy for a po1 i e dnnni ntor'. He had said at the outset of tht^ I'-'v- lotion, that it is very difficult to c^n 3 jc i^un and one football game accurately. When so many people are involved in a great many incidents and you try to conclusively establish facts, especially where cross examinations of people cannot be compared with each other, it is a difficult task. He Sdid the courts have the exclusive right to decide certain issues as he presumed they would in this case. He said that, unfortunately there was nothing that the Council could to to make everyone happy. The City provides the best police service that it can, it is expensive and that's realty as much as reason- able men can do. Our officers had a very perplexing task and tonight was the first time that somebody had walked up before Council and just said thanks". He wished that everybody could leave happy, but knew that some would not. 00- Councilman McNeill said that since he had been singled out he had something to say. He said, a couple of weeks ago after a Council meeting he and his wife drove slowly through West Covina shopping centers looking for a restaurant that was open so they could have dinner. As he parked at Reubens, a police car pulled up beside him and asked him to get out of the car. The officer would not say what the trouble was he just wanted to see his driver's license, which he showed him. After an explanation, the officer said Councilman McNeill was driving suspiciously through the parking lots and then said, don't let me catch you in here again or I'll give you a ticket". Councilman McNeiTi said the point was that he could have called the Chief of Police and filed a complaint against the officer or he could have gotten mad and been beaten up right there, but he decided that the officer thought he was looking for some place to break into and that he was trying to do the job he was being paid to do. The officer did not know him. Councilman McNeitI said the word black was mentioned, and he did not think race had anything to do with being right or treated right, or demanding that you be treated right. He and his wife have four sons and five daughters and have always fold them to obey the law to do right, not only for themselves but for others. That's why, in his opinion, he never had a problem with their going to jail or being arrested. He said he had attempted to raise his children as his parents had raised him and he thought that was what was needed to help the situation and if the police Continued) COUNCILMAN MC NEILL BIB] 37656-U01 1979-U02 02-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9705-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 02 07 CC MIN;¢f4ÊLRegular Meeting of the City Council of the City of Baldwin Park abuse you, you should file a complaint. 00- AT 8:25 P.M. THE MEETING ADJOURNED. M/S/C: AGUILAR/MC NEILL. There were no objections February 7, 1979 Page 7 8:25 P.M. MEETING ADJOURNED THELMA L. BALKUS. CITY CLERK APPROVED J^1979 / /^ Date of Distribution to Council: February 16, 1979 Date of Distribution to Departments: February 16, 1979 BIB] 37656-U01 1979-U02 02-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9705-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06