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HomeMy WebLinkAbout1979 05 02 CC MIN1979 05 02 CC MIN;¢f4ʐ CITY COUNCIL MINUTE INDEX MAY 2, 1979 7:30 P.M. Page Adult Education Awareness Week Proclamation 1 Consent Calendar 1 Minutes 3/15/79 & 4/18/79 RES. NO. 79-44 CLAIMS & DEMANDS ADOPTED Recreation Agreement Baldwin Park School District Adopted RES. NO. 79-45 APPOINT PROGRAM LAFU PROJECTS ADOPTED MAINE, CENTER, BLEEKER) CONCUR WITH RECOMMENDATIONS ON CONSENT CALENDAR 1 Public Hearing Acquisition by eminent domain 14302 Palm Avenue 1 Testimony: Martin Abrahams for Wall is Hannah 2 Public Hearing Closed 2 Planning Commission Report next meeting 2 Michael Shane, Planning Commissioner Resignation 2 Clara Balcazar Letter Speaking at meeting 2 ORDINANCE NO. 791 AMEND M.C. SECT. 2411; P.C. 5 YEAR TERM 3 INTRODUCED Local Government Financing Assembly Bill Me Carthy/Priolo 3 RES. NO. 79-46 APPOINT YOUTH ACTIVITY ADVISORY COMMISSION 3 Lucinda Becerra) ADOPTED SCAG Ad hoc Committee, Burbank Councilman King 3 RES. NO. 79-47 AMEND RES. NO. 79-32 CITY REPRESENTATIVES 4 ADOPTED Consider Library Alternate 5/16/79 City Engineer Applications Research filing extension 4 Clara Balcazar Police Complaint re 4/7/79 4 Rosa Pimentel Complaints for T. Fuller, J.A. Balcazar 5&6 D.L, Erwin, A- Jareugui. Terry Ann Balcazar Complaint 4 Carmen Balcazar Statements 4,5&6 Richard Galves Complaint 5 J. Atkins Statement 5 Investigation Procedure 5 Mrs. Zupskofska 5&6 Elizabeth Valdivia Complaint 6 Helen Gibson Tax on Commercial Rentals & Pin Ball Alley 6 Police Investigation Report 4/7/79 Investigation to include cost 6 9:45 P.M. EXECUTIVE SESSION 7 10:30 P.M. RECONVENED & ADJOURNMENT 7 BIB] 37657-U01 1979-U02 05-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9713-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 05 02 CC MIN;¢f4ʐ UNOFFICIAL UNTIL APPROVED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 E. Pacific Avenue WEDNESDAY, MAY 2, 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. Ruben Martinez, Living Hope Baptist Church. Chief of Police Chellino led the salute to the flag. COUNCILMAN AGUILAR, IZELL. KING MC NEILL AND MAYOR WHITE Roil Call: Present: INVOCATION FLAG SALUTE ROLL CALL Also Present: CITY MANAGER SEXTON, DIRECTOR OF ADM. SERVICES HALLOWAY, CITY ATTORNEY FLANDRICK, DIRECTOR OF COMMUNITY DEVELOP. KELLY, CHIEF OF POLICE CHELLINO, DIRECTOR OF HOUSING AND ECONOMIC DEVELOPMENT CUNNINGHAM, CITY TREASURER MONTENEGRO AND CITY CLERK BALKUS Mayor White welcomed Dan Aznoff, Reporter for the San Gabriel Valley Tribune. 00- Mayor White read and presented a Proclamation declaring May 7th to llth, Adult Education Awareness Week". The proclamation was accepted with expressions of appreciation by Robert H. Benbow, Principal, Baldwin Park Adult School. 00- City Clerk Balkus presented the Consent Calendar: 1. APPROVE MINUTES OF 2. WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 79-44 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 3. APPROVE COMMUNITY RECREATION AGREEMENT BALDWIN PARK UNIFIED SCHOOL DISTRICT 4. WAIVE FURTHER READING AND ADOPT ADULT EDUCATION AWARENESS WEEK MAY 7TH TO 11TH CONSENT CALENDAR RESOLUTION NO. 79-45 State Agreement No. 07-5323 APPROVING A PROGRAM OF LOCAL AGENCY FEDERAL AID URBAN SYSTEM PROJECTS MAINE, CENTER, BLEEKER) CONCUR WITH RECOMMENDATIONS ON THE CONSENT CALENDAR. M/S/C: AGUILAR/IZELL. There were no objections. CONCUR WITH RECOMMENDATIONS ON CONSENT CALENDAR It was the time and place fixed for a Public Hearing on the intent to acquire certain real property by eminent domain at 14302 & 14306 Palm Avenue. PUBLIC HEARING ACQUISITION EMINENT DOMAIN 14302 & 14306 PALM AVENUE BIB] 37657-U01 1979-U02 05-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9713-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 05 02 CC MIN;¢f4ʐ Regular Meeting of the City Council of the City of Baldwin Park May 2, 1979 Page 2 A certified mailing was made to the property owner as required by law. City Attorney Ftandrick said the purpose of the Public Hearing is to consider whether the Public interest requires the project as proposed, whether the particular acquisition is planned and located on land that is most compatible for the greatest public good and the least private injury and the property proposed for acquisition is necessary for the project. Mayor White declared the Public Hearing open. Mr. Cunningham said that for about 2 years staff has endeavored to build a center for Senior Citizens. This began with an HCDA project through the Department of Housing and Urban Affairs. The application submitted stipulated that the center must be built within a certain census tract. It is desirable to have this as near the Community Center as possible. Mr. Watlis Hannah, owner of property east of the Community Center, was contacted. This property was large enough and would provide necessary parking. Mr. Hannah agreed to an independent appraiser to establish a price. This was done but there is a difference of opinion between the appraisal and what Mr. Hannah believes the property is worth. Other areas within the census tract were researched but were not suitable. Mr. Flandrick stated that Martin L. Abrahams, Attorney representing Mr. Hannah had contacted him yesterday and he wished to submit to Mr. Cunningham information regard- ing evaluation. They raise no objections to the public necessity for the acquisition but they wish further negotiations on valuation. CERTIFIED MAILING PUBLIC HEARING OPEN RESUME MR. ABRAHAMS RE: W. HANNAH Mr. Abrahams concurred with Mr. said they did question the need determine a fair market value. when there is no agreement. He out, Flandricks statement and to file a law suit to A law suit is only necessary felt this could be worked Mayor White declared the Public Hearing closed and ordered that at the next meeting a Planning Commission Report and Resolution and the results of the discussion with Hannah/ Abrahams be presented. There were no objections, 00- City Clerk Balkus read a letter of Resignation effective May 1, 1979 from Planning Commissioner Mike Shane. Copy in official files).. Mayor White on behalf of the City Council accepted with regret the resignation and instructed that an appreciation award be forwarded to Mr. Shane. There were no objections. 00- Mrs. Balkus read a letter from Clara Balcazar requesting time to speak on the Agenda May 2, 1979. Copy in official files). Mayor White explained that police department complaints are filed with the Police Department and are not placed on the agenda. However, anyone may speak at the Council meeting under Oral Communications. Continued K- PUBLIC HEARING CLOSED LETTER RESIGNATION MIKE SHANE PLANNING COMMISSION AWARD TO BE PRESENTED LETTER CLARA BALCAZAR BIB] 37657-U01 1979-U02 05-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9713-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 05 02 CC MIN;¢f4ʐ Regular Meeting of the City Council May 2, 1979 of the City of Baldwin Park Page 5 In answer to Councilman Izelt, Carmen Balcazar said that when she said the word wagon", she meant car". In answer to Councilman Aguilar and King, Carmen Balcazar said at least 10, 11 or maybe more police officers were present. In answer to Councilman Me Neill, Carmen Balcazar said her brother was not present at the Council meeting as he was attending night school in order to graduate. No written statement or complaint was filed by Carmen Balcazar with the City Clerk. Richard Gatves, c/o 15109 Navilla Place, read a Citizen R. CALVES Complaint copy in official files). 00- Junior Atktns, said he was present at the party April 7, J. ATKINS 1979. He said he felt the police had no right to do what they had done. He said he went to the Police Station and the lady referred him to the two arresting officers. He said one officer used tout language and told him to leave. He said there was no reason for this treatment. He said he was 16 years of age. In answer to Councilman Me Neill, J. Atkins said he had heard foul language at the house and that he would be able to identify the officer. No written statement or complaint was filed. 00- Rosa Pimentel, said sometime last week she was in the Police R. PIMENTEL Department asking for the information sheet that was avail- able to persons that have complaints against the Police Department and she was greeted by a warm, friendly cooperative Police Officer, Randy Emons. She said she mentioned this as council might think they have a negative impression of our Police Officers. She said he was indicative of good type officers on the force. 00- Mayor White said the investigation will be referred to the INVESTIGATION Chief of Police; we have an established procedure; that PROCEDURE procedure is written; that procedure will be followed. The investigation is reviewed by the head of the department and the City Manager. It is available to and referred to the District Attorney. If there is evidence supporting charges against officers, those charges will be made either by Administrative charges or the District Attorneys office. If the investigation shows otherwise each person who makes a complaint will be notified in writing. In answer to Mrs. Zupkofska, Mayor White said that regarding MRS. ZUPSKOFSKA a previous case he had stated publicly that they complainants) would be notified publicly in the Council Chambers, and they were. Mrs. Zupkofska said three people had come down and identified 3 of the officers. Mayor White said that regarding the previous case it was investigated thoroughly, the evidence was explored, Continued BIB] 37657-U01 1979-U02 05-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9713-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 05 02 CC MIN;¢f4ʐ Regular Meeting of the City Council of the City of Baldwin Park May 2, 1979 Page 6 Mrs. Zupkofska said it was investigated to the best of the Mayors ability but she thought he could not judge rationally being he was so close to them. She said that is the reason they would like a board for the people to investigate and review charges about the police department. She said there are good officers, but she has seen Abbott stop teenagers on the street and question them. 00- Rosa Pimentel asked if the results of the Police investigation are forwarded to Council for their disposition. Mayor White explained that the City Council has no authority to make a disposition. 00- A complaint was filed by Elizabeth Valdivia, 15109 Navilla Place, but not read at the meeting. Copy in official files). 00- Helen Gibson, 13268 Francisquito, said she thought we were trying to bring businesses into Baldwin Park but the tax on property owners that rent to businesses she felt was just an added property tax. She gave the Bowling Alley and Coffee Shop as an example. She said the owner passes this cost on to the renter or lessee and in time this is passed on to the consumer. She felt this should be reviewed as it is a double property tax. Mrs. Gibson said the pin ball alley is noisy and disrup- tive to surrounding businesses; other cities require sound proof walls and security guards. Things are stolen from cars in the parking lots as police do not patrol as they should. The battery from her car and from 3 other cars were stolen a week ago. She asked that Council take another look at this situation as we have enough problems without adding to them. Mr, Sexton explained that this tax applied to those property owners who are in the business of leasing and renting commercial property to businessmen. This Ordinance became effective January 1st. It has been studied and scaled down to a $300, limit. Mayor White said that generally a business requires more pubtice service than a residence does and it was made fair to tax businesses than residences. This tax had been reviewed and cut from 5(t to H with a maximum of $300. Councilman Aguilar stated that this was the only City in the San Gabriel Valley that after the passage of Proposition 13 had not cut their recreation program as other cities had. This keeps children off the streets. Councilman Izell said that as a matter of information, he paid $925.00 for a 3 bedroom house building permit in El Monte and $511.00 in Baldwin Park for the same thing. So our fees are not as high as other cities. 00- Councitman Izell asked that as part the April 7th party investigation that a report be made on the cost in police time to the city. CONTINUED E. VALDIVIA H. GIBSON RE: TAX ON COMMERCIAL RENTALS PIN BALL ALLEY POLICE INVESTIGATION COSTS BIB] 37657-U01 1979-U02 05-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9713-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 05 02 CC MIN;¢f4ʐ Regular Meeting of the City Council of the City of Baldwin Park May 2, 1979 Page 3 00- Mr. Sexton explained that a proposed ordinance reduced Planning Commission Membership from 7 to 5. It also contained a residency requirement. City Clerk Balkus read by title: ORDINANCE NO. 791 AMENDING SECTION 2411 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE PLANNING COMMISSION WAIVE FURTHER READING AND INTRODUCE ORDINANCE NO. 791. M/S/C: MC NEILL/IZELL. There were no objections. 00" Mr. Halloway reviewed the report on a proposed bill on long-term local government financing authored by Assemblymen Me Carthy & Prioto. He recommended opposition to this plan and support of the League of Calif. Cities alternative plan which would remove bail out funding and replace with It to 1.5<t sales tax; would keep property taxes as they are and have State pay f-'or Health & Welfare programs. Mayor White directed that on behalf of the Council, the City Manager advise our Legislators of our support of the League's proposal. There were no objections. 00- Councilman Me Nei'11 proposed that Lucinda Becerra be appointed to Office No. 4 on the Youth Activity Advisory Commission. She was in dttendance and was introduced. City Clerk Balkus read by title: RESOLUTION NO. 79-46 APPOINTING A CERTAIN MEMBER TO THE YOUTH ACTIVITY ADVISORY COMMISSION OF THE CITY OF BALDWIN PARK LUCINOA BECERRA) WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 79-46. M/S/C: MC NEILL/AGUILAR. There were no objections. 00- Councilman King said he had reread Burbanks information on SCAG and if this City is interested and there are ad hoc committees formed he would tike to serve. He suggested that Council authorize participation in an ad hoc committee which would make a recommendation in an proceedural steps necessary to break up SCAG into a smaller more responsive agency, Discussion followed. Councilman King said SCAG is a viable organization but control is something else, Mayor White appointed Councilman King as a delegate to the Burbank ad hoc committee if acceptable on their terms to bring back a report to the Council without prejudging. 00- Continued P.C. 5 MEMBERS RESIDENCY REQUIREMENTS ORD NO 791 AMENDING M.C. SECT. 2411 PLANNING COMMISSION ORD NO 791 INTRODUCED LOCAL GOVERNMENT FINANCING A.B. RES. NO. 79-46 APPOINT MEMBER YOUTH ACTIVITY ADVISORY COMMISSION LUCINDA BECERRA) RES NO 79-46 ADOPTED COUNCILMAN KING SCAG BURBANK AD HOC COMMITTEE BIB] 37657-U01 1979-U02 05-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9713-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 05 02 CC MIN;¢f4ʐ Regular Meeting of the City Council of the City of Baldwin Park May 2, 1979 Page 4 Councilman Me Neill suggested the appointment of Gordon Wall as City representative on the County Library Council, Mr. Ftandrick read by title: RESOLUTION NO. 79-47 AMENDING RESOLUTION NO. 79-32 DESIGNATING THE CITY'S REPRESENTATIVES AND ALTERNATES TO CERTAIN MUNICIPAL COMMITTEES AND ORGANIZATIONS WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 79-47. M/S/C: MC NEILL/KING. There were no objections. Council requested that Mr. Sexton include the appointment of Library Council alternate on the next agenda together with previous information including residency and attendance. 00- Councilman Izelt asked if the filing dead line for City Engineer applicants can legally be extended without re-advertising. Mr. Flandrick will research the matter. Mr. Sexton said 4 applications were on file. 00- Mrs. Clara Balcazar, 15109 NaviTta Place, cisked that Council listen to her complaint which for personal reasons she preferred to file with the City Clerk and not the Police Department. She had been told by an attorney to do this if it is right and she would like the record to show the following: She said that on April 7, 1979 she had a party for her son. She said the police arrived at her home about 12:30 a.m., using filthy language and behaving in a rude manner and broke up the party for no reason. She said Officer Abbott and badge numbers 54 & 55 acted in a rude manner. She said she felt these Officers acted for reasons of discrimination against high school students; having a private party, but more so for reason of discrimination against persons of Mexican background. She thanked Council for listening and filed the complaint with the City Clerk to be forwarded to the Police Department. In answer to Councilman Izelt, Mrs. Balcazar said the music was a record player and about 50 people were present. 00- Rosa Pimentel, 4639 Jerry, asked to read brief complaints for young people present. She read a Citizen Complaints from Tony Fuller, c/o 15109 Navilla Place, Baldwin Park; Javier Alan Balcazar. c/o 15109 Navilla Place; David Lee Erwin; Albert Jareugui, Jr., c/o 15109 Navilla Place. Mrs. Pimental filed the complaints with the City Clerk copies in official files). 00- Terry Ann Balcazar, 15109 Navilla Place, read a Citizen Complaint. Copy in official files). 00- Carmen Balcazar, 15109 Navilla Place, reiterated statements made previously this date and related in detail her recollections of what she said she had see and heard. GORDON WALL LIBRARY COM. RES. NO. 79-47 AMENDING RES. NO. 79-32 CITY'S REPRESENTATIVES RES. NO. 79-47 ADOPTED MRS. CLARA BALCAZAR RE: PARTY APRIL 7, 1979 AND FILING COMPLA f R. PIMENTEL: T. FULLER J.A. IRWIN A. JAREUGUI TERRY ANN BALCAZAR CARMEN BALCAZAR Continued BIB] 37657-U01 1979-U02 05-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9713-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 05 02 CC MIN;¢f4ʐ Regular Meeting of the City Council of the City of Baldwin Park May 2, 1979 Page 7 AT 9:45 P.M. THE COUNCIL ADJOURNED TO AN EXECUTIVE SESSION TO CONSIDER PERSONNEL, PENDING LITIGATION AND MEET AND CONFER ITEMS. M/S/C: AGUILAR/KING. There were no objections. At 10:30 p.m. the Council reconvened in regular session. Roll call, same as at beginning of meeting AT 10:30 P.M. THE MEETING ADJOURNED. M/S/C: MC NEILL/AGUILAR. There were no objections. 9:45 P.M. ADJOURNED TO EXECUTIVE SESSION 10:30 P.M. MEETING RECONVENED 10:30 P.M. MEETING ADJOURNED /g^. THELMA L. BALKUS, CITY CLERK APPROVED: /L^ 1979. Date of Distribution to Council: Date of Distribution to Departments: BIB] 37657-U01 1979-U02 05-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9713-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 05 02 CC MIN;¢f4ʐ BIB] 37657-U01 1979-U02 05-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9713-U03 C4-U03 MINUTES1-U03 2/4/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06