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Home My WebLink About1979 11 21 CC MIN1979 11 21 CC MIN;¢f4ÇyCITY COUNCIL MINUTE INDEX NOVEMBER 21, 1979 7:30 P.M. Paae CONSENT CALENDAR 1 MINUTES NOVEMBER 7, 1979 APPROVED RES. NO. 79-115 CLAIMS & DEMANDS ADOPTED RES. NO. 79-116 CP-268 ALBERT RANDALL) Withdrawn from Consent Calendar BALDWIN PARK UNIFIED SCHOOL DISTRICT AGREEMENT APPROVED Mayor and City Clerk to sign) REPAIR HOMES 13627 & 13631 FOSTER AVENUE CONTRACT AWARDED WHEEL LOADER, 1.5 CU. YD. AWARDED TO CASE POWER & EQUIPMENT CONCUR WITH RECOMMENDATIONS ON CONSENT CALENDAR EXCEPT 1' RES. NO. 79-116 CP-268 Revocation Albert Randall 1/2 Reverse action of Planning Commission and not Revoke Conditional Use Permit 268 2-2 Vote 3 ADOPT RES. NO. 79-116, 2-2 vote 3 Discussion and City Attorney 3/4/5 Reschedule Public Hearing on CP-268 Motion died 5 Discussion 5/6 Discussion 6/7 RES. NO. 79-116 ADOPTED 7 Public Hearing 79-W-80 4446 & 4448 Center 7/8 RES. NO. 79-117 CONFIRM CITY MANAGER'S REPORT ADOPTED 8 ORD. NO. 803 AMEND M.C. BUILDING REGULATIONS ADOPTED 8 1978-79 Audit Accepted 8/9 Traffic Study Main Avenue, Committee appointed Submit findings 9 to Council Water & Fire Hydrant Report 9 RES. NO. 79-118 APPLICATION FOR STATE FUNDING ECONOMIC & BUSINESS 9/10 DEVELOPMENT ADOPTED RES. NO. 79-119 APPROPRIATE FUNDS TO REDEVELOPMENT AGENCY 10 PUENTE/MEHCED PROJECT) ADOPTED 1980 Census 10 Smoke Detectors 10 CP-268 RES. NO. 79-116 City Attorney 10/11 ORAL COMMUNICATIONS: Harold Brody 11/12 Albert RandaH 12/13/14 Gregg Wood 14/15 Frank Oonadee 15/16 Bob Talbot 16 Carmen Chavez 16/17 Gilbert Peppers 17 John Walls 17/18 Discussion 19 9:20 P.M. ADJOURNMENT 19 BIB] 37656-U01 1979-U02 11-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9643-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 11 21 CC MIN;¢f4ÇyUNOFFICIAL UNTIL APPROVED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 E. Pacific Avenue WEDNESDAY, NOVEMBER 21, 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 Councilman Izell. Councilman Aguilar led the salute to the flag. Roll Call: Present: COUNCILMEN AGUILAR, IZELL, KING, MCNE1LL AND MAYOR WHITE Also Present: CITY MANAGER SEXTON. DIRECTOR OF ADM. SERVICES KALLOWAY, CITY ATTORNEY FLANDRICK, DIRECTOR OF COMMUNITY DEVELOP. KELLY, ACTING CHIEF OF POLICE SNOWDEN, DIRECTOR OF HOUSING CUNN1NGHAM, CITY TREASURER MONTENEGRO AND CITY CLERK BALKUS 00- City Clerk Balkus presented the Consent Calendar: 1. APPROVE MINUTES OF NOVEMBER 7, 1979 2. WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 79-115 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 3. WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 79-116 REVOKING A CONDITIONAL USE PERMIT CASE NO. CP-268; LOCATION: 3562 VINELAND AVENUE; APPLICANT: ALBERT RANDALL) 4. APPROVE AGREEMENT BALDWIN PARK UNIFIED SCHOOL DISTRICT 5. AWARD OF BID REPAIRING OF HOMES AT 13627 AND 13631 FOSTER AVENUE 6. AWARD OF BID LOADER. 1.5 CUBIC YARDS, FOR COMMUNITY DEVELOPMENT DEPARTMENT ITEM #3 RES. NO. 79-116 WAS WITHDRAWN FROM THE CONSENT CALENDAR INVOCATICM FLAG SALUTE ROLL CALL CONSENT CALENDAR RES NO 79-116 WITHDRAWN CONCUR WITH RECOMMENDATIONS 1, 2, 4, 5 & 6 ON CONSENT CALENDAR. M/S/C: MCNEILL/KING. There were no objections CONCUR WITH RECOM. ON C.C. EXCEPT #3 00- Councilman King said he understood after speaking to Mr. Flandrick that any new testimony on item 3, CP-268, would require a Public Hearing. Continued COUNCILMAN KING RE CP-268 BIB] 37656-U01 1979-U02 11-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9643-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 11 21 CC MIN;¢f4ÇyRegular Meeting of the City Council of the City of Baldwin Park November 21, 1979 Page 2 In answer- to Councilman King, Mr. Flandrick said, so there will be no misunderstanding the matter is before Council, the proposed Resolution having the affect of revoking the Conditional Use Permit, for review, in a proceeding which is known as a adjudicatory administrative proceedings or sometimes called quasi judicial in nature. What that means is that it is a proceeding that is adversary. Evidence is presented. Certain finding of fact must be made before any action is taken either terminating or approving the permit or allowing it to remain in effect. Because this is of an adversary nature it contemplates that by City Ordinance and by Judicial decision in this state and it can only be acted upon in terms of revocation, after a Noticed Public Hearing and a11 interested persons have been allowed to present their views, arguments and their evidence. Any evidence that any- one of the Council has been given in any form by lobbying or by the presentation of any written material is totally improper and he strongly advised Council in acting on this matter that Council do so exclusively based upon the evidence presented at the time of the Public Hearing. Specifically he referred to copies of a letter from the Law Firm of Oliver, Stoever and Laskin dated November 19, 1979 and copies of a mailgram from Frank Donavee physically placed before Council this date. He said these 2 documents are totally improper. This repre- sents material that should have been presented at the Public Hearing. The offering of them he did not understand at all. There was another attorney present at the time of the hearing purported to represent Mr. Randalt and he probably did since he snt next to Mr. Randall and presented his case. He said material or arguments cannot be presented to Council except during the Public Hearing. He said it was his understanding that various Council Members had been subjected to telephone interviews and personal visits by people on both sides, primarily, he gathered, on Mr. Randall's position that the permit should not be revoked, attempting to sway Councils views by presenting additional evidence and arguments as to why it should not be revoked. He said this was totally improper. Those people who have contacted him have been advised by him that it is improper and he assumed that they had followed his advice and ceased that activity. He stressed again that any action taken can be taken only based upon the evidence presented at the time of the hearing. He said it would also be be improper in his opinion for any- one to present any evidence this evening in the course of the Council Meeting on this matter or any arguments one way or the other, excepting members of the City Council. The people had an opportunity to present evidence or views at the Public Hearing and it was unfortunate if they did not do so. He said this was similar to a judicial proceedings in many respects and you cannot present evidence to the judges outside the Courtroom and that's the rule here. Councilman King said other than the lobbying,and he did not think any of us paid much attention, if they felt there were differences then and now, would it then be appropriate to table this resolution if Council desired and to open the Public Hearing. Mr. Flandrick said, yes, there were a number of alternatives: 1) Action by the Resolution this evening. If approved and adopted it would have the effect of terminating the Conditional Use Permit within a reasonable period of time. Then the operation would cease. 2) Adopt a Resolution saying in effect there are insuf- ficient facts to warrant a revocation. That would continue the permit and allow the applicant to continue the operation. Continued CITY ATTORNEY RE CP-26C ACTION ON EVIDENCE PRESENTED AT PUBLIC HEARING COUNCILMAN KING RE OPENING PUBLIC HEARING CITY ATTORNEY ALTERNATIVE COUNCIL ACTIONS BIB] 37656-U01 1979-U02 11-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9643-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 11 21 CC MIN;¢f4ÇyRegular Meeting of the City Council of the City of Baldwin Park November 21, 1979 Page 3 Take the inottpr under submission for 1 fixed term of 1H J.lys 1 inoi 11 h rl or hi I il^r 11 urn \< r ubiiii'.s ion t.o MIL h f niii1 is 1 iijin i I w r.hcd to in r I 1 ci t r cinnvr 11 t rnin the* tahh* dtui rccons iih't' or onsult*** it il thiil Lniic. 4) If Council feels there is sufficient need for additional evidence or argument a Noticed Public Hearing can be rescheduled with proper publication and legal notice; a complete new hearing or alternatively have the hearing for the purpose of presentation of any additional evidence not earlier presented. Councilman McNeill said he would not care to hear additional arguments. REVERSE THE ACTION OF THE PLANNING COMMISSION, DIRECT THE PREPARATION OF A RESOLUTION MAKING FINDINGS THAT THE EVIDENCE PRESENTED AT THE TIME OF THE PUBLIC HEARING ON THE REVOCATION PROCEEDINGS WAS INSUFFICIENT TO JUSTIFY A LEGAL BASIS FOR A REVOCATION OF CONDITIONAL USE PERMIT 6H AND NOT REVOKE IH[ CUN01TlONAl USC PFRMIT IN CASI 26K AND DIRLCr IHr CITY ATTORNIY 10 PRIPAKI A RlS01 UTION. M/S: MCNI III /KJNd. mi CALL; M/"S: MCNt ll/KINf.. NOr.S: I/CLL/Wnni ABSTAIN: ASHLAR. The motion did not carry. In answer to Mayor White as to the effect of 2-2 vote on this motion, Mr. Flandn'ck said the motion has not carried so the matter was still before Council for action with respect to the proceedings on this Conditional Use Permit. WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 79-116. M/S: IZELL/WH1TE. Mr. Flandrick said this Resolution was entitled as follows: RESOLUTION NO. 79-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REVOKING A CONDITIONAL USE PERMIT CASE NO. CP-268; LOCATION: 3562 VINELAND AVrNUL; APP1ICANT: ALBm KANOALL) and said he had prepared this Resolution, it had been reviewed by Mr. Kelly, pursuant to Councils instructions at the last Council meeting. He called Councils attention to the fact that the Resolution made certain findings of fact and while this is Councils function to make the findings of fact, they staff) had attempted to assist Council in preparing this draft and he said if the findings of fact were not to Councils satisfaction. Council was free to change or add new findings. Councilman Aguilar asked what happens if it does not pass? Mr. Flandrick said the Conditional full force and effect. Use Permit will remain in REVERSE ACTION OF PLANNING COMMISSION, ETC 2-2 VOTE CITY ATTORNEY RES. NO. 79-116 RES. NO. 79-116 REVOKING CUP CP-268; LOCATION 3%2 VINELAND AVE ALIGHT RANDAIL ROLL CALL: AYES: ABSTAIN: AGUILAR. IZELL/WH1TE. NOES: KING/MCNEILL. 2-2 VOTE RES. NO. 7'J-llG Mayor White said the Conditional Use Permit is continued in full force and effect. All actions are terminated. Mr. Flandrick clarified Mayor White's statement and said that was not technically correct and that he had not fully explained that. He said the same answer applies here as in the prior case. This matter is still before Council because it has not been decided. Council is obligated to decide the matter one way or another. Either by findinq that the permit should be Continued CITY ATTORNEY BIB] 37656-U01 1979-U02 11-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9643-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 11 21 CC MIN;¢f4ÇyRegular Meeting of the City Council of the City of Baldwin Park November 21, 1979 Page 4 revoked or finding that it should not be revoked. until some action is taken on the case the permit remains in effect. 1'he matter is still technically before the City Council to reconsider again tonu)ht or the next meeting, or simply tcnniridtc the procecdirit)S on Conditional Use Permit 2bH. Mayo*' hite said it cippcdi'ed Counci mqht with the same rosult. could take votes al1 Councilman Izell, said Councilman Aquilar has abstained because he lives next door and he suggested that Councilman Aguilar vote and that will take care of the situation. Mr. Handrick said Councilman Aguilar had abstained on the matter at the prior meeting apparently for the reasons that he resides in the immediate area, is or was familiar with the various facts relating to the proposed revocation. The problem on the reason for his abstention is that any fact finding body has to be objective, they can't be a party to the proceedings. They cannot be biased in any way meaning having prior knowledge of this). Councilman Aquilar he was sure, in good faith, indicated at the time of the Public Hearing he did not wish to participate in terms o^ voting, he lathered hy reason, ol his lose proximity of his residency He lid Ct'h.i|r. it won 111 he ip(ir'o(ir id If 111 jsk Co urn i 1 nidn At IN i 1 ar his red son tor iilis la in i N([. COUNCILMAN IZELL RE COUNCILMAN AGUILAR VOTE CITY ATTORNEY RE ABSTAINING Comic i Iman Agui lar Hampshire House. sdid his home is 2 doors down from COUNCILMAN AGUILAR Mr. Flandrick said that in no way could he answer the question absolutely. There were grey areas here. If Councilman Aguilar states for the record that he obviously was in attendance at all the Council proceedings and hear- ings, is familiar with all the evidence having heard it as a member of Council, he can now participate and cast a vote. If he makes a statement that he will cast a vote on this matter based solely upon the evidence presented at that hearing; not based upon any personal knowledge acquired prior to or subsequent to that hearing; he said he would think that would rehabilitate his position that ho is then copdMe of casting d vote. He said, you understand thdt it thr niiitter were t<ikcn to a judicial review in j courtroom examiner, that iikiy not In* the judges c<in< lusion. It's ii very difficult and lose question in fact uf law. Hi1 could not honestly tell Council what the result would be. He said he could only estimate that the judge, in all probability, depending on Councilman Aauilar's statement, evaluate it in that light, and determine whether or not he had so disquali- fied himself by his prior abstention so as to totally dis- qualify himself, not even being subject to rehabilitation. Councilman McNeill said he has a feeling, with all due respect; knows Councilman Aguilar will vote his conscience either way we went, but in view of the fact that a member of his family has testified in this as the minutes will testify during this particular hearing, he did not see that he could possibly come out now and change his abstention. Councilman Aquilar said he felt there was confusion on the issue. The issue is a contract issue between the City of Baldwin Park and Mr. Randdll, operator of Hampshire House. And that contract simply says it in one section. Section H wander around the street and become a nuisance in the City. He said, he had said 100 that Hampshire House has helped the handicapped greatly. But they have violated that permit. That is tho issue. Not Hcinipshire ouse, not the residents just the provisions are being violated and Continued CITY ATTORNEY COUNCILMAN MCNEIL COUNCILMAN AGUILAR BIB] 37656-U01 1979-U02 11-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9643-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 11 21 CC MIN;¢f4ÇyRegular Meeting of the City Council November 21, 1979 of the City of Baldwin Park Page 5 and time and time aqdin Mr. Randall himself has said that they have violated. Mr. Flandrick said Councilman McNeill raised the question as to whether or not Councilman Aguilar could cast a vote. He said, anybody on this Council, so long as they hold an elected office as Councilmen, can cast a ballot and vote on anything pending before this body and this body is not in a position to refuse to accept that vote. That's a matter of OB( h ind i v i d;jd I rounriinan whether it's in this case or iiny other. He dpprecidtes Counc l linan McNeiH's c oiiiiiien t, th.it' s ii in'it trr of op in ion wh n h he is on ti tied to express tint f he pd i n t is whether or not ri inomher of this body is oin() id rist a vote is up to that I'tomher arifl inr 1 udes a 1 I moriher j. Counr.ilnwn Km<} Send ci 1 1 the oviripnie, even some of the evidence which was inadvertently not given to Council, would point to the fact he had talked to people etc., that these people are being contained and the fact that this problem isn"t existing. Mayor White said Councilman King was referring to evidence not qiven to Council and he asked Mr. Flandrick to explain. Mr. Flandrick again explained that any reference to any such evi donee is n appro pr i ite. He said thorp is a remedy ava i 1 iitilc. If there is evuleme itself thai some number of Council is not twdre of dini w.isn" t presented i o the Counci 1 it The I niie nt t ho hejnnq, Chore is d method nf handling fhdt and th.it's to hiive 1 hr-iriil new 1(* nivo hoar inn or sf't 1 linn fed I'lih I u Ho. u i iii to i f he purpose of d I I ow i ng jus t c or a in ovnionic to i OHK' in whdtovor it fii<jy t)o. It would he ini|u-opor to 1 DUS i ilor hdt d isruss it, or re for to thdt evidonio d t this 1.1no. Councilman King said reference to this material certainly did not make him base his decision, as he had, but there is some evidence, that certainly sheds some light, it we can solve this dilema by reopening, as we stated before, he said he does not want to reopen the Public Hearing either but he did not want to play with the Human Element here. We could kick it back and forth. He said as Councilman McNei'll had stated, he was sure Councilman Aguilar's intentions are very honorable and that he will abstain and I'm also certain that this thing will just continue and possibly the only alternative is to open the Public Hearing even on a limited basis as Mr. Mandrick staroi) uul lots qot it solved and then possibly oo t d f'onci us ion of jnyt h irit) Counc 11 mi qht foe 1 and Counr i Iman l/oll, any content ion th<it ho iniqht h^vo, wo coul'l resolve tli.it ind those people i jn i"io on hoing rehab i 1 i tdted as they are. RLSCHEDULE A PUBLIC HLAR1NG FOR ADDITIONAL EVIDENCE: M/: KING The motion died for leick of a second. Councilman Aguilar said he agreed with Councilman Kinq 100% that in the past 2 months things have been better. In July 1978 the permit was issued, but 6 months after the permit was issued things weren't as they are now and all the sudden they started gettinq out of hand. He said naturally. Mr. Randall is trying to do everything to correct things now; to try and keep his permit but why wasn't this done 15 months aqo, continuously7 He Mr. Randall) stated that he did not know of the situation until he received notice from the City. At the Public HooritKi in 197^, he stat.od thdt he did not know L;ie house was h ui'j-.-d fron d enior u likens Cdre honie out iniied CITY ATTORNEY COUNCILMAN KI^G MAYOR WHIT;: CITY ATTORNEY RESCHEDULL P.H. FOR ADDITIONAL EVIDENCE NO. dW COUNCILMAN AGUILAR BIB] 37656-U01 1979-U02 11-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9643-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 11 21 CC MIN;¢f4ÇyRegular Meeting of the City Counci of the City of Baldwin Park November 21, 1979 Page 6 to a group home. He said it seems this gentlemen who says he cares about these kids, actually does not know whats going on. Councilman Aguilar said he was taking this from the minutes of the Planning Commission. Councilman King said he could tense on something that would and he could not respond. not get into the be irrelevent at future this time COUNCILMAN KING Councilman Izell said I would hate to take up the time to review this case, but we've had recommendations from the staff, from the Police Department, Citizens; the Planning Commission passed this unanimously. The Council passed it unanimously. He did not see why Council could not go ahead and dispose of the situation. Let Councilman Aguilar vote. If the Court has to decide it who's better to decide the situation than the courts of this country. Councilman Izell asked that Councilman Aguilar vote and MOVED THAT FURTHER READING BE WAIVED AND THAT RESOLUTION NO. 79-116 BE ADOPTED. M/S/C: IZELL/WHITE. Councilman McNeill said that he realized that ever since this Council had occupied these seats this had not happened to this Council before, that there was a split; that it seems to be impossible to decide and he regretted it but it wasn't easy with very little human kindness, do you ever listen to your heart. The letter of the law is one thing and tempering justice with humanity is another and therefore he felt that when the 2-2 vote passed we should have let it drop and if it came back with another problem later we can decide it then. Now if you're going to call on another vote, a Ird vote and the person who found it convenient to abstain does vote he felt thdt its an injustice whether it's right or not and it's not fair to the people who are intprpsted. Councilman Kinq said thdt was his sentiments exactly and as he had talked to Mr. Kelly the other day, this City can't absorb all of these types of facilities; but certainly those that we have, and those that have corrected themselves or in process of, haven't harmed their patients in anyway. There's no abuse to them, no injustice, he said, I thing as Councilman McNeill stated we should look at it with a lot of compassion, symDathy and understanding. He said that was his view and he thought the human element is far greater in this particular instance than just a no" vote and casting them aside and possibly into an institution. Councilman Aguilar said he agreed with the Gentlemen about being human. With respect that we were voted into office to represent the people of Baldwin Park, its sad what^s going on. If Mr. Randall had done his job months aqo we wouldn't be here. Too, we heard of a case of a peeping Tom looking into a 16 year olds window. That's d true statement. He asked, what's qoinq to happen Sir, if it happens aqain and some poor man gets killed, lhat's the problem, we have never stated that HampsMie House is not a qood rehabilitation home. We have stated thdt the facts have shown that people wcfo interested in supervision outside the home. That's a fact. too. The Conditional Use Permit has been violated. They have said so more than one time. That's what our decisions are based on; in the information qiven to us and thr- proof we got that it was violated. He has not done sn. round Iman Aqunlar asked, what about the other Conditional Use Permits in the past that have been removed. COUNCILMAN IZELL MOTION TO ADOPT RES. NO. 79-116 DISCUSSION ouriL i man I zo I I Send pipripnt just 1 i t N hp woul d 1 i ko to t ri In f The fact t-hat k about the human onp of DIPS? kids Con tinucd BIB] 37656-U01 1979-U02 11-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9643-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 11 21 CC MIN;¢f4ÇyRegular Meeting of the City Council November 21, 1979 of the City of Baldwin Park Page 7 was at the bowling alley at 11 or 12 o'clock at night looks DISCUSSION like the kids Human Rights are being violated in that part. CONTINUED It is not right for any kid as they call them, to be at the bowling alley that time of night. He said he had personally attended a funeral of one of the people in this town that got run over from one of the rest homes because they were not supervised and he did not want it on his conscience if another one of these kids got run over, and when you talk about tho human element there's more to it then whether Mr. Rdndall nidkos 5^00,000 next year or not. Councilman Kirn) s<iid, roforrinq to Councilman AquiLir, the City and the State were at fault. J;! we have qood staff, that do their job we11, all the programs are very good but at this point he just felt that 1 in the testimony we heard was the fact that the City was to send information to the the State regarding any violation. We didn't do this. There was no communication between the State and the City. Ho said the State in it's own admission stated that they listened to the staff reports and they didn't do their job well. He said he personally did not trust the State in overseeing some of these programs, possibly he could if they had enough people maybe or went about it in a proper manner. But he thought this was two-fold here. The State and the City is somewhat at fault in not addressing the situation prior to the development of what we have here. Councilman McNeill said ho thouqht this was his last comment. Speaking of the human Moment, he said, the reason hp voted one way 2 weeks ago mi<l chanqod his vote tonight, ho did worry about the s i t-udT; ion because of the people invol ved. It's the human olcincn t". involved reqdrdloss of what. you say thdt's bothering hin; regardless of what you say and he did toko it upon himself to spend evening offer qoinq up and down Vineland from Pacific Avenue to Merced. Just last afternoon he got thru about 8:30 or 9 o'clock. He said of all the people he canvassed that were home only 2 people out of at least 50 homes who even said they had had some nuisance problems in the past and wanted to see the home closed. He said, we are sitting in these seats to repre- sent the people of Baldwin Park. Me were elected to this office to serve the people of Baldwin Park and our constituents. Now they say they want the home left there and he said as lonq as he sat in this seat he was going to vote his con- science as well as what the people of Baldwin Park want and thats the way he felt about it and he thought that's the only way he could possibly vote and feet good at night when he qot home. Appi iiuso. Councilman McNeill askod that all applause bo witheld and that those in attendance have that much respect, that he was serious about what ho was saying. Mayor White said Councilman McNeill was correct, applause was out of order in Council Chambers and this was not a theatre. ROLL CALL MOTION TO ADOPT RESOLUTION NO. 79-116). AYES: IZLLL/MHITE/AGUILAR. NOES: KING/MCNEILL. Mayor white said the motion carried and the Conditional Use Permit is revoked. ROLL CALL RES NO. 79-116 ADOPTED It. was the time and place fixed for a Public Hearing on Public Nuisance Case No. 79-W-80 on onfirminq the cost Continued PUBLIC HEARING PUBLIC NUISANCE 79-W-80 BIB] 37656-U01 1979-U02 11-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9643-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 11 21 CC MIN;¢f4Çy Regular Meeting of the City Counci of the City of Baldwin Park Novenfcer 21, 1979 Page 8 iif ili.itmicnt dt fi W« Center Street. Proper postings and mailings had been accomplished. There were no written protests. Mr. Kelly gave a bnef resume of the Agenda Packet report. Mayor White declared the Public Hearing open. As there was no testimony either in favor of or in opposition to 79-W-80, Mayor White declared the Public Hearing closed. City Clerk Balkus read by title: RESOLUTION NO. 79-117 CONFIRMING THE CITY MANAGER'S REPORT REGARDING CERTAIN SPECIAL ASSESSMENTS, CASE NO. 79-W-RO WAIVE FURIHER READING AND ADOPT RESOLUTION NO. 79-117. M/S/C AGUILAR/MCNEILL. There were no objections. 00- It was the time and place fixed for a Public Hearing on the proposed enactment of an Ordinance adopting the 1979 Uniform Building, Plumbing, Mechanical and Sign Codes. Proper publications had been accomplished. There were no written protests. Mr. Kelly gave a brief resume of the Agenda Packet report. Mayor White declared the Public Hearing open. As there was no testimony either in favor of or in opposition to the adoption of Ordinance No. 803, Mayor White declared the Public Hearing closed. City Clerk Balkus read by title: ORDINANCE NO. 803 AMENDING CERTAIN SECTIONS TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO ADOPTION OF NEW BUILDING REGULATIONS WAIVE FURTHER READING AND ADOPT ORDINANCE NO. 803. M/S/C: MCNEILL/KING. There were no objections. 00- Mr. Halloway said Council had received the City Audit Report for the Fiscal Year 1978-79. He introduced Vern Moser, of McGladrey Hendrickson & Co., Certified Public Accountants, Arcadia, Calif. Mr. Moser reviewed the transmittal letter, saying they had examined balance sheets and assets and revenues, expenditures and fund transfers. He said, that in thei r op in ion the financial statement presents the financial position of City funds in conformance with accepted accounting principals. 4446 A 4418 CLNHR Wl T CASL NO. 79-W-^O) POSTINGS AND HAIL NO WRITTEN PROTESTS RESUME PUBLIC HEARING OPENED PUBLIC HEARING CLOSED RES. NO. 79-117 CONFIRM CITY MANAGER'S REPORT RE COST 79-W-80 RES. NO. 79-117 ADOPTED PUBLIC HEARING ORD. NO. 803 BUILDING CODE REGULATIONS PUBLICATIONS NO WRITTEN PROTESTS RESUME PUBLIC HEARING OPEN PUBLIC HEARING CLOSED ORD. NO. 803 AMEND M.C. BUILDING REGULATIONS ORD. NO. 803 ADOPTED 1978/79 AUDIT BIB] 37656-U01 1979-U02 11-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9643-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 11 21 CC MIN;¢f4Çy Regular Meetinq of the City Counci of the City of Baldwin Park November 21, 1979 Page 9 In answer to Councilman McNeill he said everyfhinq is in order with City funds. In answer to Mayor White he sdfd he kne^ of /w acro^T. /?9 pr^rlices ID improve thp City system. They had made certain Specific recommenda- tions to Manaqeinent. These were minor administrative benefits in internal control proceedures. He said t-hey were satisfied with their findings. ACCEPT l97«-79 AUDIT. were no objections. M/S/C: AGU1LAR/MCNEILL. There 00- Mr. Kelly reviewed the Agenda Packet report on a Traffic Study of Main Avenue from Los Angelas to Ramona and a Traffice Signal Cost for Maine and Clark. There are no grants available to pay an estimated S50,000 to S/0,000 fora Traffic Signal. A full traffic study report wi11 be made in 4-6 weeks oy a Mayor appointed committee composed of the following: 1. Senior Citizen representative 2. Ci tizen at large 3. Manaaer of Bank of America 4. Manager of Checker National Bank j. Manager of Alpha Beta Super Market 6. Oirector of t.'onn'unity Development Cmef of Police City Planner 9. C i ty ngineer 10. Automobile Clubs Special consultants to the committee) CONCUR WITH THE APPOINTMENT OF A SPECIAL COMMITTEE TO REVIEW THE SUBJECT AREA AND INSTRUCT THE COMMITTEE TO COMPLETE THE REPORT AND SUBMIT FINDINGS TO THE CITY COUNCIL. M/S/C: IZELL/AQUILAR. There were no objections. In answer to Councilman I/ell, Mr. Kelly said stripinq on Main at Los Angeles will begin immediately dnd Clark & Mdin is the priority. Councilman McNeill commended Mr. Kelly for prompt action, fir. Kellv said a push button signal will be considered in hp fu'lv. 00- r. f,c f fy cv iPWf'' f"- iiPritJ'd BL^C SC.KuS COOf'C TIT f f r^ liyir int dnd r'c l-ircrl vs.ir cr- r-eiiu i re'llpnf',. Staff nas met with T K.' f" i ro HP[).I| tn-cnf jnj tno Water District. Other water i o'ria'1 i^c, wilt he o"i K t.^d to complete a general plan and Lonr'din<jnce jt'v f utu'"^ i-ooperdt i ve improvement programs. A rcpurt nd proposal will be made to Council for a permanent solution to prot) l^ii'^. Tnere was no action required. 00- Mr. Cunmnqham sj 1 thr State Department has advised that t.hr City moots thp oliqihility requirements for the Economic rinil Dovelopmont A( r uf 196^, as amended. He recommended ridnption nf j Re''nlutinii juthori/ing submission of an ipp) Cd!. Oft. C i t y Iprk Rri 1 kus fOcKl hy tit ACCEPT 1978-79 AUDIT TRAFFIC STUDY MAIN AVENUE COMMITTEE TO STUDY AND REPORT W[R S f'IR[ HYDRANT REPORT RESOLUT KJ'J 79-11^ AUTHORIZING SUBMISSION OF APPLKAI.ON 10 IH[ STATE OF CAll^ORNIA DEPARTMENT 01 LiOWlL AND BUSINESS nEvELOPMENI FOR FUNDING AS^S^UM-1 UNDER TITLI III, SKFIUN W OF THE I'UBLir RS,S AND Et.ONOMIC DFViLOPMINT ACT OF 1965, AC ftyr l~\! I RES. NO. 79-118 SUBMIT APPLICAT: ECONOMIC & BUS. DEVELOPMENT FOR FUNDS BIB] 37656-U01 1979-U02 11-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9643-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 11 21 CC MIN;¢f4ÇyRegular Meeting of the City Council of the City of Baldwin Park November 21, 1979 Page 10 WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 79-118. M/S/C: KING/AGUILAR. There were no objections. 00- Mr. Cunningham presented and recommended adoption of: RESOLUTION NO. 79-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING APPROPRIATION OF FUNDS TO THE REDEVELOPMENT AGENCY ADMINISTRATIVE FUND IN SUPPORT OF THE PUENTE-MERCED REDEVELOPMENT PROJECT RES. NO. ADOPTED 79-118 RES. NO. 79-119 AUTHORIZE FUNDS TO REDFVFl WNF^ PllENTE/MFRCFD PROJECT WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 79-119. M/S/C: AGUILAR/MCNEILL. There were no objections. 00- CounciliTidn Aguilar stated that Friday at 7:30 P.M. the Baldwin Park Braves will play their first C.I.F. Champion- ship game. RES. NO. /9-119 ADOPTED BALDWIN PARK BRAVES C.I.F. GAME, FRIDAY 7:30 P.M. 00- Councilman McNeill said that Mrs. Annabelte, District Manager of the 1980 Census said they are looking for 500 Managers and workers for the West Covina, Pomona, Baldwin Park and Covina areas. To be included on the payroll, names must be submitted by December 3, 1979. The phone number is P54-330Z. 00- Councflman Izell said there had been two bad fires this week and he asked that Mr. Kelly research renuiring smoke detectors in all rental units, and ascertain whether the City could make a mass purchase and furnish smoke detectors for citizens at a reduced price. Mayor White asked that this be researched. 00- Mayor White commended the Planning Commission for making some very difficult decisions in Baldwin Parks interest. He said a swap meet ordinance is being prepared and the nuisance en- forcement unit has been doubled. He said that with all work- ing together the appearance of the City can be changed in important areas. 00- Mayor White asked that City Attorney Flandrick make a comment relative to Resolution 79-116 prior to opening Oral Communica- tions. 00- Mr. Flandrick said that earlier in the meeting he had made reference that Council should not consider evidence not pre- sented as part of the Public Hearing. He gave reference a letter from the law firm of Oliver, Stoever & Laskin, dated November 19, 1979, which was placed before Council earlier in the evening. He said this letter represents factually that Mr. Charles Vose of that firm represents Mr. & Mrs. RdndjH the owners of property to which CP-268 relates. He called Councils attention to the last sentence in the second paragraph on page one Since my clients Mr. & Mrs. Randjil) wish to carry on the operation of this lawful business they have no alternative but to challenge the action of the City 1980 CENSUS SMOKE DETECTORS MAYOR WHITE MR. FLANDRICK NO DISCUSSION OF RES. NO. 79-116 CP-Z68 BIB] 37656-U01 1979-U02 11-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9643-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 11 21 CC MIN;¢f4Çy 1979 11 21 CC MIN;¢f4Çy Regular Meeting of the City Council November 21, 1979 of the City of Baldwin Park Page 12 Citi/en Commissioner. My God I can't really face thorn. I'm HAROLD BRODY serious, because I'in worried for them. Yes, we built, the CONTINUED Ciark apartments which are nice, but is it once they gel an institution, are they going to be thrown out? Because wo don't belong in the City? I'm really, I'm standing here flabbergasted. So in the future you're going to be faced with a lot of decisions. When you've got an existing business make some allowance. Work with it. A new business come down hard, very had and stand firm and I will support for something tike that. But an existing business to take it and uproot after people who've worked here or who have been here for years and years. It's like me coming into you're house and saying, this is your house, I'm going to put a freeway right here. You, Out! I'm putting in a freeway. This is bad, really bad in a business sense. I'm building new homes here in Baldwin Park, nice homes, above moderate range income homes. I want to try to improve this City but you won't have it that way. As a businessman you are going to scare off people because there has been no feeling. I've been trying to work some kind of a compromise on this. I failed and I cared and I got involved for a simple reason. I am very afraid for the old people, especially for my place, Sunshine Gardens. I was approved. Granted, you've worked with me fine. I really have no complaints. You did approve an expansion facility for my thing. You have been nice. You have worked with me, but after tonight, I am afraid. And if developments for old people are an embarrassment in this town let me just remind you of one thing. This is very personal. I've had a relative that's a disabled person, but I was unable to help and it hurts. It really does. It really hurts a lot. I also know one thing. It can happen to any one of you. Society brings these kids, these people in, maybe from pills, through modern society. It's not their fault. Ifs like going back to 1939 when my only crime was I was a Jew and that's why I was put in a concentration camp. Council these kids could be moved away, ok, because they're developmentally disabled, put away, back; or is it going to be my people because they suddenly grow old. But let me tell you something. We're a11 going to grow old. Some of you have grey hair already. Maybe that's out of worries or whatever. We're a11 going to grow old and if we don't respect the unfortunate. Heaven help us. Our society is going already down. The reason why I'm in business is because unfortunately many families don't want to keep their elderly people at home. They don't want to keep their fathers and mothers at home. For some simple reason, maybe because of work, a burden, I don't know what the reason is, but if every family would knit together again, keep your child, your sick child at home, keep your father and mother, remember that Commandment Honor thy Father and thy Mother" and keep them at home, we wouldn't need such places. That's a11 I have to say. For the future please be careful what you're doing to other businesses. I'm sorry this one is going to go to litigation. Yes, I am afraid for the old people in this town. If I could give them a blessing, I really wish they would stay young. I really do. I thank you. Albert Randatt, 1206 Antiqua Circle, Palm Springs, Calif. In a11 my life I've gone thru the courts and I don't mind saying it here, you and your wife, you made up your mind for some reason. Usually a Gentlman or a Mayor or anybody involved in Public Service should listen to the facts. You haven't even gone over to our place to look at it. I invited you there. Mr. Izett I don't even know who you are and the minute you came in you acted like a prosecutor. There's some things why I don't think you tike any people that are deformed or deaf. I think someday it's going to ALBERT RANDALL BIB] 37656-U01 1979-U02 11-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9643-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 11 21 CC MIN;¢f4ÇyRegular Meeting of the City Council November 21, 1979 of the City of Baldwin Park Page 13 happen to you. I don't know why but you're prosecuting my witnesses. That's what you did is act as a prosecutor, but you didn't listen to the facts. You didn't come over to our place. At 1 you know is to sell cement so, thank God), the people they voted for you. 75% of the people that voted for you voted for us too and they have a right to say something too, right? Right next to our place this Mr. Aguilar, he bought his home by a real estate man, very cheap. He knew we had a place there. The minute he got into that place. The minute he got in there immediately we started having trouble. All these innuendos that you heard from the Captain from the Police and the false statements that was made I didn't say anything. I'm a gentlemen. I'm a businessman. I try to do something for the deaf. I thought I succeeded but I didn't think there were people like you around that without any evidence, all false statements that was made by you. Thank God we are going to go to Court and if it goes to the Supreme Court you are going to hear it boy! We thank God for the United States of America and listen to you people there and you Mr. Ize11, I see you here practically everyday in the City Hail with Mr. Kelty over here and I'm going to check to see what's going on between you and Mr. Ketly also. I don't care what you people are doing. You're not even a Councilman. You're a prosecutor. The minute we came in here and also the City Attorney—-there's a law there. I know that in Chicago when we went up before a Council when somebody abstained---It's just too bad my Attorney wasn't there. There is a law. Especially when he abstained twice. He lives only 2 doors away. We have people over here that lives 2 doors away and they would testify We had on TV a woman that lived right next door she testified. There was nothing wrong with the kids. Several other people came over and they said there was nothing wrong with the kids. But all of a sudden, the day we came in with the Planning Commission. You were in back of the Planning Commission. You wanted to know what they were going to do. If I was I didn't realize that we could have tell you to stay away from the Council and also te11 Felipe Aguilar to stay away and only have 3 votes over there. That is the law. But we don't know yet if he has a right after abstaining twice and to the pressure of the City Attorney to tell him to go ahead and vote. That's going to be in the Court of Law, before a judge. At last a judge 1s going to listen. The minute I walked in here and I fold my people over here I said, I didn't want to come here tonight. I knew exactly what was going to happen and that's exactly what happened. You, without listening, always asking the prosecuting questions, somebody was knocking on a window there. Did you ever see the teenagers there? Out of 15 months, there was only 20 pick-ups with these kids. That was only one pick-up a month and before we even came in I said that Izell and a few others. Thank God for these Gents over there they came. We watched em day and night for a week. There the only ones that came in are Mr. McNeill and King. I didn't know that they're just the same as you people. I didn't even talk to them over there. But I do know they came in at 10-11 o'clock. They went around the block for 1 week and they were the only ones on the Council, that at least they were honest about it to see what was happening before they made up their decision. No one told em how to vote or any thing like that. But you people here, Izel'1 don't even know where were at. You don't even know where were at. Except Felipe over here. He knows where we're at. He bought a house very cheap because he knew we were there.and the day that he moved in we started BIB] 37656-U01 1979-U02 11-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9643-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 11 21 CC MIN;¢f4Çyquiar Meeting of the City Council November 1, 1979 o* the City of Baldwin Park Page 14 having problems. He gets d hold of tne police. Maybe he was talking to the Captain or somebody. Immediately he went over to these residences over there ana they started a con^otion over there and tnp residents didn't even know what was going on. They put them on notice thai there's something going on over there. Is there southing qoing on? Tnis was what he was tellina tne residents. I went to a few people. I had Carmen go to the residences there. they said the police were there, what right have the police got 10 go there and make all that. trouble? So we did have a w ah, ah there was no wrecks, no charges, there was no violence with these kids here. These kides are just as good as you, you and everbody over there. They're people. what the heck do you want them to do? Go back in an institution again? Isn't there anybody herewith a little compassion? Isn't there somebody with compassion? All you know Mayor is yOu want 10 make it. info d Beverly riills dnd you're mina is mdde up. It's qoing to take you 50 years before this will be d Beverly Hills, This will be brouqhf out in Court before d judge, dt ledst that listens. But you didn't wdnf to listen. All you did, you made up your mind that you didn't care if it was a nuisance or not. But this kids, if wasn't a nuisance. What kind of a nuisance? Did they go? Because they went out in the evening and walked a little bit and they're not kids, they're adults. And Mr. I/ell says what riant have they got uo here at 10 o'clock. There just as rignf as you got to be at 10 o'clock. YOU can qo out and get d steak at 11 o'clock. These kids don't get any steaks. Iney don't eat anythinq here. Al] the/ want is to be left alone, and it's guys like you that's makinq--- ln fact whole world is goinq into---i/hy don't you act like j rjentlenen and be dnd have a little compassion for these people her?? who's qoinq to take care of e'r1? YOU^ I don'* mink you put uu c tor charity, Mr. l/ell dyor White: Mr. Randall your 5 minutes are up, Mr. handall. Thjnks very inuCh. Mr. Randdll: All they know is get rid of these kids here. Mayor White: Thank you Mr. Randdll. Greqg wood, 4?3 C. Pasadena St., Pomond, I work dt Hampshire House. I'd like to ask Mr. Aguilar what the word abstain means. *layor White: We don't have any questions here, sir. YOU ao anead and speak your time. Greqq Wood: The wora abstain in my definition means that you step out: not in an^ out, step out of" the situation. Mjyor White: Pdrdon me Mr. Wood, we did have leqdl advise Oh that nariicular question. uroaq wooJ: we'll nidybo Mr. Aquildr needs to listen to that lendl advise. Mayor white: I believe jregg i.'ood: ihe se. o"d thinn is you people have 2 gentlemen GRfLGG WOOD sitting on your Council who have taken time to make their own investigations, to do their own homework. They have told you dGOut what they feel, about wf.at they've seen. YOU have evidence that has been shown to you thai. has stated that the Hampshire House has certainly improved its condition and has not been a nuisance in the last /ear and that was filed by tne Police Department and yet yor still continue to do things to turn us down fidt. what do you want from us? What exactly do you want? Can you answer any questions? Or can you give any reoly to any kind o^ d question at all? Is there something that you want that we could do, some BIB] 37656-U01 1979-U02 11-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9643-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 11 21 CC MIN;¢f4Çyi;i.iiular Meeting of the City CouniiI nt ho City Of Baldwin Park November 1, 19/9 Pa'ie IS maqi'c that we could perform for you? Do any of you know now or what it's like 10 develop d behdvior progrdm? lo fry to cndnge oeoples lives? Have any of you had children in your li/es, have any of these children ever made mistakes? well these aren't children, ihese are adults and it takes a very specialised person, it takes a very specialized situation and it takes d very speciali/ed community, and what you're showing us is that this is noi the corrnunity. I his con-nun ity has no ability or no compassion for under- standing for learning. The Lanierman Act states that these people are not going to stop coming out of State Hospitals and State Institutions. They're going to be in your communities. You're going to be faced with them and I was talking with a young lady this evening on the telephone who I think both you Mr. white and you I/ell are familiar with, her name is Cathy Maches, she is Vice President of the California Association of the Physically Disabled, and she was appalled at vour decision. She said, you tell them for me, Mr. white and Mr. I/ell, that our organization, 100^ stands behing what you and your facility are trying to do for these oeoole. It's not like you people even are trying at all to think about the residents of us dt Hampshire House. It's like you nave a personal vendetta going on dddinst us, against me staff, against the suoervisors, and you're not trying to work with us. what kind of progression is that? I want to know. What kind of orogression is that? Is that a progressive City? And you, Aguilar, you talk about supervision. Your child was on our steps Monday afternoon wanting our residents to come out ana play with them. The way they have been for the last year. And vOu're talking about SuDCrvision. h-U it Our Superv'SOrs went over 10 your house and asked somebody at vour house, it wasn'i in adult, where you were, where your wife was. Where'^ the super vis inn in your aamp house? Mayor white please, sir Grpgg wood', and it wasn't there and they didn't know when you'd be there. Mayor white: Pardon me Mr. wood we expect you to speak with courtesy and not use profanity in the Council Chanters. Gregg Wood, I was using profanity for emphasis. Mayor White, Mr. wood if you use profanity further you will be removed from the Council Chambers. Gregn Wood: Pnil Aguilar you've been at our facility. You've seen what we've done. YOU know what we'r? about. I don't bolieve you. I just don't understand you. And you consider yourself to be a Councilman, somebody who is supposed to be wipiout a bias who comes and speaks against us at a Planning Commission and your wife comes and speaks against us dt \ Planning Commission and then you get up and you abstain twice and then you vote. And you call yourself unbiased. Mayor white: Thank you Mr. Wood. 00- frank Donadee, 2\? E. Pasadena St., Pomona: I have never met--- FRANK DONADEE just about anyone here. I've come here, not because I'm a resident. I've come here because I see a moral issue dt stake here. I deeply reqret that at the last moment, Mr. Agui'Idrwds allowed to vote, becduse every Council number here I have either sooken 10 or not spoken to, messages are dt your offices and home<- I've spoken to Councilman BIB] 37656-U01 1979-U02 11-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9643-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 11 21 CC MIN;¢f4Çy j: a o 3 o 3" CT i D 3-:-" r--*-'-'Doa/cooci,o i / i c.- r D o o d cr c- 3 3 T)— I'-oo 3' T> T X. i y d S. i i. o o" a 3 c 3" 3 3 i oa.-'—'. a.oa>-^a.<Q,-^a. OCT)^' X: 0^0.2 r o i T) 0 D c 3 c. 3 /' 3 TCrT^DJ C7 f 9 C7 0-T'y 03" t /• /Tl D o 0 3 * 1 /' T) 0. r- 0 T) 0 3- 0, 3 T) T) 0 7 Z * C 1 U 3 3 Q. l. 3" 0 3 0 3' 0 3 0. Q. 1 t /-' 0 T) 3" L i-^^o'T)!'/1-^'-*'-*' 3, c a o re-Q.T'O Q. 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T)- 0.3-00 tl- 3 Tir^-'IC-.'-T'-D *<^<a,iT>3 *d. a.-^3^1<-*Q,'^>(-*<-•3• i/'3-l-JO 003'' T) r-»T)^Q 0,30,— v£>'3i/'-^'— i/'-"DO'-»Qi O^'D'DCQ'^'O'T) T>— T: cr o^ra o/^ci/icLc^r^n— ly-o o-^ i0—- Q. 0 0 Ti C 1 I^'T>^a-^/DCO(---^^3^-— Q/Q.Q.OO— 1-^3" CT 00'0 CL CO^ n r'3'" CL-t<-»3 DO 0. 3'f-*C'3 0 O'c-* t~^ f a 0 Q.'< 3--^^Ql>CL-l$Ok/' &-0'/'3 3-^' 3 CLr*-" T) /'^•^I^ i/'' vQ t T)C-—• r- 0 Q.3—'*'~*'Q' l 3^'oo OCl.Ci-*3r-*3i-t CJ*3-iT)CT ly 3-i-*i/' 0 OO'uQ.OO f— 3"T>3' L fT Q.Q.O-Z'T) 0 O o 333 3co a' a; a. o * cx.'ac'— r-*-^ o 0, O' 0 C' Q-(-*f-<'">~3 CO CT 0/0'-^ 3"-1^- Q,Q.^T)Uf'--3 Ox Cl.'-< 0- OOF^ iy 3'T)T)T) 3— 0 r-*-^ 3 r^ Q. X f. 3^r-*3 030/3 Q.-../—Q,3'-*3T)l3T)(~i'T>(-*— *0.3''T)«-* 0 O r-* 03'T3'T)3'0-100' Ot30^ CO 3'-»i0'< 3'T) i-* a03T)-03a,a"T)3CLa3i-* T>0— * 30 2— o * O'u'-* /' T)0<-* 0*3 3-»<Q.3'^'t/'-li/'<— i/'f— 1> 3 r- T) 3 CO'^ l O-'TS CL-^r- 3-1-33; 033r-< * 3'a. n-i— T>f-*(-< r~»3—iT>3— n. n^ 1 Q.'— 3'/' Q.r-« O TC30— t/'r-*-.i-*. C' DO'^.'T) t--^ T)-.i/1 0 C 3 L/' /' 3- C-3'OQ.-^ T>03 T-33'3>3'0 0<CL3'T>i/'OOC-*- 3--*< O CCT-^0 Q 00 i-» 0-S^(— C''T)r-*3a/'s O'c-'^d-r-'T)'<'~*3C'-^0 0' 0. C T) 0 Or-* r^ T> 1/1 o i" 3'i— Q. CL i 0 T>o JQ. a»_3-a.^-T)<— Q.&' *.— 3 3 f— 0 r— T) c 0' f^) TiQ.Or-a/r-O'/'r-Q.^.'—••• C-Q.3''-^;3''-^ I* Q. 3''-<.3J'—. *^_.(I,/T)'T> 0 V Q, \^ * C~*' 1 /* 3 T) i-* 3' sOT>- O'/'' T) DQ/OS^QfK 3 C &' T) 3 BIB] 37656-U01 1979-U02 11-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9643-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 11 21 CC MIN;¢f4ÇyRegular Meeting of the City Council of the City of Baldwin Park November 21, 1979 Page 17 fair why are they on Our property? when I can't go nowhere. So I went out and I looked and the kids were there. IP fact they were swinging on the bars of the railing which I thought wds very dangerous. So I went to your house and I knocked on the door dna dsked for your wife, and I talked to, I think t was one of your daughters and she said, my 1'otner's not hprr, d"d I said, well whpn will she be home? And she sdid prubdbly around \2 o'clock. 1 said, OK whdL about your dad? o's not here. I said well. do you know when ne'il be back? we don't even know if he's going to come home tonight and piose were the exdci words. I dsked her, ho's the little qirl riding the Dike dnd she said, thdt's Iupe and she's not my sister. And I said what about the little boy and she say, yes thdt's my brother. I said, well o^. Thanks' And I left. It seems like you can't even supervise one child ana you're talking dbout us frying to Supervise 45 or 44. I don't think you know what you're talking about. YOU can see how hard it is sometimes just with one. Kids are kids, ana they like the kids dt Hampshire House dnd nobody at Hampshire House would hurt any kid. Moyor White: thank you very muCh. ijilberf Peppers, 35?6 Slifchman, I was not dware that Mr. Aquildr CdUSCd all the oroblems that occurred nere this ven ing. I wOul d like to redi rec t you rinen you took your Odfh of O^tuo nenfle^en yOu pIdCCCi yOur hand on the bi^le and you swore to uphold the laws of the United StdlCS Of Ampr-icd, the StdtC Ot Cdliturnid, the COu^tv 0^ LOS Angeles dnd the Cifv of Baldwin Pdrk pni lep'en you hav? dnnp Lm's nerc tonight, you should b? cnrr.'pnded for thjt. to. IT you would not ndd done it, it woulii hdve been d desecration of wndt you bei'ved in, wnat y^u put yOur trust in. Qenflemen, I'm very proud of the ct thdt you stood up tor our rights as cifi/ens. We dve civil rights as well as anybody else. We want our Civil Rignis and the/ have been done. The laws are made for everybody, and everybody must ddnere to the Idws and I'm oroud of tne fact that everybody adneres LO the law. than*; you. John Wdlls, 3550 Vineland, and why fnis meeting tonight is red 11 y necessd'"y, 1 don't know. rhe problem existed the ndst few years. Hdmoshire House hds violated the Conditional use i^ormit fnat was issued to them. Ihe City Planning Cnnrrission p 1 us tne City Counc i I here d!l hearc! evidence, dnd I'm sure you've rpad different evidence of tninqs that dCtudlly went on dnd d^ fd•/• dS the General Public knows for tne second tine to the City Planninq Commission because Iipforc tnpm and the possibility of revoking fneir license. no problem has existou and up until just since tne Idst Council meeting eve^^thing hds been bedutitui in the neighborhooa. I don't even notice residents out in the streets like they used to be. They're not all over the drpa ddy and niaht. Suddenly, when the possibility this is going to actually naopen, they're aoinq to revoke this permit., everything is going bedutiful over there and there's no complaints. It this had been done wnen they first opened this facility there would have been no compldinfs to start with. The whole hedrinq is on the imDroDCr uSC Of t^dt 3prm' t. Ihpy'rp running up d11 k indS of Sympdth/, pefi Lions. These residents, I eel sorry for them. I hdte to see them o to the oic^rc^ stdte institution wnere they dre locked uij, bedt. whiooed, std^v^d dnd whdt hdve you. I'd love to soe them in d tosio"' hoite. I hdve persondl tdriily that has uppn ra ised in d toste'' nomo. I have d relative that works jt Pacific Hospitdl who tells me now they trt-dt the patients Ove'" t'"erp. I hdve nothing daai-ist he kids themselves. GILBERT PEPPERS JOHN WALLS BIB] 37656-U01 1979-U02 11-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9643-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 11 21 CC MIN;¢f4ÇyRegular Meeting of me City Council November 21, 1979 of the City of Baldwin Park Page 18 It's the lack nf contr-ol, supervision, the i^prooer use of thdr permit. lhat's fne whole core of the whole thjnq. Now, tne owner compared nin.<,plf to Jerry lewis helpi^q ihp kids. OK. I admire hi"' very much for wnat He's doing. I under- stand he has invested a lot of money, o'jf you look at the other side of tne program. He has a Dudget wnicn was Quoted nerp in the Council of $1^0,000. Now you look at that in d L* year span, fhats almost 3/4 of a million dollars he has definitely coming in to operate that facility in ten years. Nandrick: Excuse ine Mr. Mayor, I'm advised the tape has just turned off. It will take about a one minute recess to replace it and continue. Mayor White: This Council will recess tor one mipute. RECESS 9:07 P.M 9:07 p.m.) 1 MINUTE Mayor White: 7:08 p.in. there is no reru^ement by law that this fneetinq be taped ana completely transcribed is there? Mr. F1andrick: No S i r. Mayor: well, let's go forward. The City Clerk will make notes of your conversation and will proceed in that fashion. The meeting is again in session. John Walls: Well, we were just talk inn about d budget of JOHN WALLS 51^0,000 d year, I wish I had a business, that. in 10 years CONTINUED would ody me d million do^ d h^lf buc^s. I'd \\^^ to do U too. I can understdnd his point. It's a business. He 1i ves in PdIn' Springs dnd iIS an investment for him. He has d right to fight for if. There's no doubt dbout it. One thing is detiniie, and by his own words at the Idst meeting here, he couldn't care less about the neighbor- hood. He made the comment, let the neighbors sen the house and move out. It doesn't bother him if the neighbor- hood was being bothered. It's his business there so what does he care about it? As long as he has Hampshire House ana all inat money coming in for whatever length of time he keeps it you can't blame him at all. The State repre- sentative said that they like 6 people in a house and her^ we have 48 in one place. Even though there's 48, as I said earlier, if they had been controlled, could have been no oroblem. Mr. Randall and I'm Quoting from November 9th, he challenged this City to revoke his permit. Ifs right nere in writing and I have the clioping by the way it any nnp on the Council hasn't seen if and cares to see it. It says, the state will not let the city get away with closing this facility. The County and State agencies win fighf the City to keep fnis facility open. He's challeng- ing you, as City Councilmen, 10 enforce the City laws and that you establish and are supposed to enforce. Now, that's a pretflv long challenge in my opinion. I'm not going to challenge the Chief of Police, if he comes up. He says this is fue law. I'm not going to say I won't do it any- way whether its the law or not and that's basically what's happened here. This nearing isn't to gather sympathy or popu^arTfy or anything ike l^dl. It'5 to determine if this Conditional use Permit was violated which it was. find I cannot for the life of me understand how in good conscience anybody can sit there and not back up the City Hal] for that Conditional Use Permit. It hdopened and it's a t-act. I congratulate you. It may go info Court, it may drag on forever, but I'r^ alad to see that not one individual pe^on with d big inco^ like guarantee using the tax payers monoy, can out fojt the city. BIB] 37656-U01 1979-U02 11-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9643-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1979 11 21 CC MIN;¢f4ÇyRegular Meeting of me Cily Council November 1, 1979 of the City of Baldwin Park aae 19 Mayor White: Thank you very much. Mayor White: Ou've nad /our turn Mr. Randall. *^ dnudll please /Ou are out of urd'3"' dnd disturbing this meet'n^. 4 \,\ rues Ma/or White declared O^al r L^r'un n. dt inns closed. OkAl i urif l I'M i Councilman Aguilar said, ine^e was d statement nade l^ot Tny little girl was unsuDe^'v'sed. inat's a false stdtemp'if. My little girl when she qets out of school, sne's wipi i baby- sitter. She is suDe^vise'l. Mr. woods: This d public reefing and its closed. v closed it. And you're d lid''. Mr. icoas at this point wjs informed by Mjyor White i''jl he was out of Order and that OrdI Con^un ical ions were ilusfd but tne Counc1! meefinq was still n soss'on. Councilrndn King said he felt each Counciln'dn used n''ude'it judgement and his own disc^ r i dna tnere \/ds nood discussion. Councilman McNeil) aid tndt we as Councilmen hdve our job to do and we uphold tne iaw. If laws dre made and you can't te^Der t^t-n with justice men you're in d sad LOuniry. 1 want to tel'1 you that howe/er d council votes dnd whefhef they vote in my favor or wndteve1" I think is not thf problem and when someone tries to influence my vote by pressure it makes it worse. I would hdve preferred not to have nrid dll iMrs commotion in the City o' Bdldwip Park. dun't think its good for the City or iho rity Council. But since we are nere dnd since we dre in it we will hdve 10 fiunf ina when 3 of Our* Councilmen vote One wdy dnd its d n'djority rule Situation, I will hdCk those fuunciImen to the ond. Mayor White: lhank you Mi^. iNe''!' d Mr. King. Andin, I would like to, as Mdyor, oi^pi'd dll numbers of t^is pdrticular Council, we disdgr-eod. we've di'sdqreed in ino past. Mr. King, Mr. McNeill dnd dll ut us know mdt. We confine our arguments to the issues dnd tne issues s ndt we stuck with tonight and every council member has dn obligation to vote the way he feels is rignt. 00- 9:?0 P.M. TH[ Mil I ING ADJOURNED. M/S/C: KING/MCNE III There were no objections. ADJOURN /- /O y i c^a^^Q^^ TH[lMA L. BAl KUS. CI1Y CLERK APPROVED: /^/S'/Yf 19^ Date of Distribution to Council: Date of Distribution to Depdrtnents: SEASONS GREETING- BIB] 37656-U01 1979-U02 11-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9643-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 Regular Meeting of the City Council of the City of Baldwin Park November 21, 1979 Page 11 Council in Court once the revocation becomes final". Mr. Flandrick said he took this, he thought more than reasonably to mean, that in view of Councils action there will be litiga tion concerning the appropriateness of the revocation proceed ing. Accordingly, he said, it was his suggestion that each member of the Council not publicly or privately discuss any of the matters relating to CP-268 and the revocation of the permit. 00- Mayor White called for ORAL COMMUNICATIONS. 00- ORAL COMMUNICATIONS Harold Brody, 3468 Vineland, Baldwin Park, said in answer to Mayor White that he lives at 612 Detroit, Los Angeles- week-ends only. He said he had been in the Community over 4 years and runs the Sunshine Gardens Retirement Center for the elderly in this town. He said when he took it over it was unfortunately a run down place. He built it up and it looks nice and he thought all Council could agree to that. He said he had tried as a citizen and tax payer of this Community, whenever possible, even during the earlier crisis that this city has faced a number of times, to work out compromises and keep things going smooth in the City so this City can progress. He said he was shocked by tonights outcome, really, not only was he shocked but he was suddenly afraid. Afraid of what's going to happen now to his older people. He said, I really am and I'm sorry. Mayor, with all due respect, all the assurances I am going to receive. I really cannot settle with that any more. I really thought after speaking, yes, Mr. Flandrick, I did lobby, because I came across information that I thought was very pertinent and that should be given. Yes, I did lobby, and if lobbying is a crime, so help me God let that be by biggest crime. I was hoping that for every sake of humanity....This is not a new business. If this would have been a new business Mayor White, pardon me Mr. Brody, if you're going to speak about your home and your community but the attorney has totd us Resolution 79-116 will be a subject of court litigation and will be take up in the courtroom. Mr. Brody-True. Correct. I really don't want any answers. I'm just saying it and a general plan not that place, ok. Can I rephrase it? Mayor White: Let us discuss other problems other than the problems of that particular Conditional Use Permit. Mr. Brody-OK. I fully agree with you. Let me rephrase that. I fully agree with you 100% that Baldwin Park has to be brought forward and there are a lot of difficult decisions that have to be made. But in the future this case is forgotted, I mean not forgotten, for right now. But in the future when you are going to tear up a business that I've seen have not been proven a nuisance. Be very careful. When you're going to stop at a new business coming in I understand that. By alt means I understand that. That's easy to do. But to uproot an existing business that has been invited or allowed or that a businessman has spent iruch money to improve and that has been a benefit, but uproot it! Work, work with the people. Work. Maybe relocating that business something. I'm really asking of you for the future. I'm really pleading with you. OK, I've a lot invested in this City. I really do. And old people I believe you appointed me a Senior HAROLD BRODY BIB] 37656-U01 1979-U02 11-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9593-U03 DO9643-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06