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HomeMy WebLinkAbout1988 09 07 CC MIN1988 09 07 CC MIN;¢f4ÁV"REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL/ 14403 EAST PACIFIC AVENUE, TUESDAY, SEPTEMBER 7, 1988, AT 7:00 P.M. The City Council of the City of Baldwin Park met in regular session in the Council Chambers at 7:00 p.m. PRESENT: COUNCILMEMBERS GIBSON, IZELL, ROLL CALL MCNEILL, LOWES AND MAYOR KING ROLL CALL: City Manager Webb, ALSO PRESENT: Acting City Attorney Woods, Dir. Admin. Services Yelton Dir. of Comm. Services Smith, Dir. of Housing & Economic Development Hemer, Chief of Police Hoskin, City Planner Rangel, City Treasurer Montenegro, and City Clerk Gair 00- Councilwoman Lowes told of a town hall meeting at COUNCIL Cherrylee School in El Monte on September 15, at ANNOUNCE- 7:00 p.m. regarding a proposed landfill in the MENT City of Arcadia by the 605 Freeway. 00- ORAL COMMUNICATIONS Mayor King declared Oral Communications open on any subject and invited those wishing to speak to come forward. Leoria Richard, 3336 Millbury, Library Commissioner, presented an annual report on the City library. She explained the many programs that are offered by the library and told of new innovations. She requested support for Proposition 85 in the November election so that other communities can have libraries. Eli Roca, 14637 California Street, spoke regarding the continuing problem of parking by a market near him and the need for red curbing. He also thanked the Councilmembers who attended the St. John Festi- val. Candi Carmichael, 4341 Cutler, spoke regarding the need to have an alley cleaned up near Merced Avenue before school opens. Paul Reyes, 3160 Athol/ asked about City standards regarding storage of toxic chemicals. Ed Clancy, 14715 Los Angeles Street, spoke regarding the speeding cars on Los Angeles Street. Mayor King declared Oral Communications closed. 00- City Clerk Gair presented the Consent Calendar: 1. Approval of Certificate of Posting for September 7, 1988 ORAL COMMU NICATIONS OPEN LEORIA RICHARD ELI ROCA CANDI CARMICHAEL RAUL REYES ED CLANCY CLOSED CONSENT CALENDAR BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 1988 OF THE CITY OF BALDWIN PARK PAGE TWO 2. Approve Minutes of July 11, 1988, August 3, 1988 and August 17, 1988 3. Waive Further Reading and Adopt RESOLUTION NO, 88-82 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Waive Further Reading and Adopt ORDINANCE NO. 995 APPROVING A CHANGE OF Second Reading) ZONE FROM R3 TO R3 PD) ON APPROXIMATELY 1.46 ACRES APPLICANT: AMENITIES DEVELOPMENT; CASE NO. 2-481; LOCATION: 3206-20 VINELAND AVENUE) 5. Waive Further Reading and Adopt ORDINANCE NO. 996 AMENDING THE BALDWIN Second Reading) PARK MUNICIPAL CODE RELATING TO THE MEMBERS OF THE PLANNING COMMISSION 7. Receive and File Treasurer's Report March 31, 1988 6. Deny Claim Against the City Halima Perez 8. Approve Budget Amendment Reclassification Senior Maintenance Worker Human Services Department 9. Approve Budget Amendments 1) Proposition A Program; 2) Consultant Services Cotton/Beland; 3) FETSIM Project; 4) Traffic Signal at Baldwin Park Boulevard and Olive Street 5) Littlejohn Street Assessment District 10. Approve Final Tract Map 45408 11. Waive Further Reading and Adopt RESOLUTION NO. 88-83 ADOPT STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION 12. Approve Lease/Purchase Agreement Patchmaster Equipment First Municipal Leasing 13. Approve Lease/Purchase Agreement Air-Vacuum Street Sweeperes First Municipal Leasing It was moved and seconded to approve the Consent Calendar as presented. M/S/C: GIBSON/MCNEILL. There were no objections. 00- PUBLIC HEARINGS CONSENT CALENDAR APPROVED City Planner Rangel introduced the Public Hearing on CP-475, An appeal of the Planning Commission's decision to deny a request for a conditional use permit to allow a daycare and educational center for profoundly retarded adults 22-65 years of age), in conjunction with a church pursuant to Section 17.18.030F of the City Code, Applicant: Lester Spoelstra; Location: 3970 North Maine Avenue)". PUBLIC HEARING CP-475 INTRODUCED BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SEPTEMBER 7, 1988 PAGE THREE TRANSCRIPT OF PUBLIC HEARING ATTACHED TRANSCRIPT ATTACHED It was moved and seconded that the City Council uphold the decision of the Planning Commission and deny the Conditional Use Permit for CP-475. M/S: GIBSON/LOWES. ROLL CALL VOTE: MOTION FOR DENIAL ROLL CALL VOTE AYES NOES GIBSON, LOWES, IZELL AND MAYOR KING MCNEILL ABSENT NONE Mayor King stated that the City Attorney will bring this back to Council with respect to the items delineated by the Council. 00- REPORTS OF OFFICERS COMMISSIONS AND COMMITTEES The Citywide Business Promotion District, AB1693, was held over to the next City Council meeting. City Manager Webb explained that the Council is being asked to defer the imposition of liquidated damages against United Cable Television until completion of the Baldwin Park cable system and to consider enhancements of the system in lieu of liquidated damages at that time. He explained the problems that United Cable claims have caused the delay and outlined the possible enhancements to the system that United Cable is offering. It was moved and seconded to defer commencing the formal process of imposing liquidated damages against United Cable Television Company until completion of the system and to consider formal acceptance, within 60 days of completion, of appro- priate enhancements to the system in lieu of liqui- dated damages, to be commensurate with the value of the liquidated damages. M/S/C: I2ELL/GIBSON. There were no objections. 00- It was moved and seconded to adjourn the regular meeting of the City Council at 10:03 p.m. M/S/C: GIBSON/LOWES. There were no objections. /^^ r^^ tINDA L. G^CtR, CITY CLERK DENIAL APPROVED COUNCIL INSTRUC- TIONS AB-1693 HELD OVER CABLE TELEVISION STAFF REPORT DEFERRAL OF LIQUIDATED DAMAGES APPROVED MEETING ADJOURNED 10:03 P.M. BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"PUBLIC HEARING CP-475 SEPTEMBER 7, 1988 PAGE ONE Mayor King: At this time we have CP-475. City Planner Rangel: This report requests the City STAFF Council's consideration of an appeal of the Planning REPORT Commission's decision to deny a request for a conditional use permit to allow a daycare and educational center for profoundly retarded adults 22-65 years of age), in conjunction with a church for the property located at 3970 North Maine Avenue, the Methodist Church not far from here. This public hearing was continued from the City Council meeting of August 17th. I am not going to go through an extensive staff report tonight I'm just going to highlight some of the issues here. A detailed description of the activities and scheduling can be found on Exhibits C and D of the City Council agenda. That was supplied by the applicant on August 31st. The applicant states that there would be 30 clients in the beginning with a maximum of 45 at a later date. The applicant has also recommended a ratio of one staff member for every three clients. The site is currently not being used during the week, with the exception of one hour of Bible study and that's on the first and third Thursday of every month and then the other services are on the weekends. So there do not appear to be any conflicts of this proposed activity with those that exist on the site other than those on the weekends. The Staff does recommend that the Council: Approve the Negative Declaration of Environmental Impact; Adopt the Findings of Fact; and Approve CP-475 subject to the conditions listed in the Staff Report. That concludes the Staff Report. The applicant. I see is here, I'm sure that he and others are here to answer questions. This item was continued as a result, to allow council people to go out and look at other facilities. Mayor pro tern McNeill and Councilwoman Lowes and I did go out and look at a few facilities. With that, that concludes Staff Report. Mayor King: Thank you, Mr. Rangel. Are there any questions of Mr. Rangel by Council at this time? Councilman Gibson: I have one question. You COUNCIL Rangel) mentioned a staff level of one to three, yet in QUESTIONS the application for a CUP it mentions a staff ratio of four to one. City Planner Rangel: He's Spoelstra) changed that as a result of the hearings before the Planning Commission. Mayor King: We've had a comment by the Council and PUBLIC we will open the public hearing on CP-475. Ladies and HEARING Gentlemen at this time I'd like to call the applicant OPEN first. The applicant I'm sure has other people probably CP-475 here to speak in favor. So, we'll allow the applicant five minutes to speak and then we will allow the applicant a rebuttal period. So if the applicant is here would he BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"PUBLIC HEARING CP-475 SEPTEMBER 7, 1988 PAGE TWO here would he step forward please. and address again for the record. And give your name Les Spoelstra: My name is Les Spoelstra, 641 San Mateo, Redlands,. Mr. Mayor/ I choose not to speak tonight because of the people who want to speak on my behalf and I'd rather answer questions of people on the Council after a while, if that's okay with you. Mayor King: You may wish to rebut some of the... if there's any opposition, at the end of this hearing. Les Spoeistra: Right, but I've presented my program twice and I'd like to sit back and have others speak. have the opportunity to If that's okay. Mayor King: testimony in favor step forward those Would step forward the record. Ladies and Gentlemen, let's call for SPEAKING of CP-475, those in favor. Would you IN of you wishing to speak on this item. FAVOR and give your name and address for Esteban Calma: I am the minister of Baldwin Park Methodist Church. I'm sorry I wasn't able to attend the hearing last month, August 17th, but I wrote you a letter. I hope you received my letter. It expressed my concern in that letter. When Lester came to see me as minister of the church and presented the idea I was encouraged because this project is in accordance to the social creed of the United Methodist Church I am now representing. So after listening to him I sent this to our council and we came to the process that we are having now in this Council before approving this project of Lester's. Then after discussing the subject matter thoroughly, making some investigations, searching, looking for some projects like Norwalk United Methodist Church. The committee thought that it is serving the community that in parti- cular is what we'd like for all the unforgotten people. Which agreed, leaders like you, are the conscience of the community wherein we are sensitive to the needs of all people in our community. And so, because of this when I presented this to our council of the church, after pros and cons of discussion we finally approved the project. That's why the project is now presented to you, ladies and gentlemen, in this body. I am for the project. Just following the appeal of our present Mayor of the City in this coming event of September llth, an appeal to the community so that we will know each other, we'11 know the needs of each other. These people are also members of our community. We need to serve them and to be sensitive to their needs also, as leaders of our community. And because of this I am appealing to this Council to consider and approve this project, because it is the project that will cover, that will service this kind of people in our community since they are members of our family, of our community family. And so with this in mind with justice and equality to everybody, I appeal to you this evening for approval of this project. I received this letter from Ettie Lee Homes for you. Mayor King: We have that, thank you. BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"PUBLIC HEARING CP-475 Esteban Calma: Okay. It is very nice. And that is the only thing I would like to say. Mayor King: That Ette Lee Homes letter) is entered into the record. Do you have that Madam Clerk? She does. Don Marvin: I'm Don Marvin. I live at 4529 Downing Avenue/ Baldwin Park. I have a petition I would like to read to you. To the Baldwin Park City Council. We are saddened by the Planning Commission's decision to deny the request for a Conditional Use Permit to allow a daycare center and educational center for profoundly retarded adults at the Baldwin Park United Methodist Church. All comments given for the denial seem to say, We admire what you're trying to so, but we don't them here'. We do not believe that is a valid reason for denying the permit. Mr. Spoelstra, in his presentation, made it clear that these people will be here through the day only. They will be well supervised, and will not be a nuisance factor to the City. If at any time he does not deliver on his promise, surely the permit can be revoked. It costs nothing for the City to show a little compassion for these less fortunate human beings. We urge the City Council to reverse the decision made by the Planning Commission." About a third of these signatures are members of the Methodist Church, the rest are residents and business people of Baldwin Park. With your permission I'd like to... Mayor King: Would you leave them on the railing there and the City Clerk will pick them up after the meeting. Thank you. Chris Crowel: Can all you hear me all right? My name is Chris Crowel and I'm a parent of a developmentally disabled child, residing at Golden State Rehabilatation Center in Baldwin Park for the last 13 plus years. I'm here tonight to appeal to the City Council... Mayor King: Would you give... excuse me, sir. On our time. Would you give us your address. Chris Crowel: I beg your pardon. Mayor King: Your address please for the record. Chris Crowel: My address? Covina, California, Sir. Mayor King: Your address. Chris Crowel: My daughter is a resident... Mayor King: No, what is your address. BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"PUBLIC HEARING CP-475 Chris Crowel: 1136 No. Viceroy, Covina. Mayor King: Thank you. Chris Crowel: I left my hearing aid at home and it is difficult. I'm here tonight to appeal to the City Council to override a rej ection by the Planning Commission to issue a Temporary Use Permit to Lester Spoelstra to operate a daycare center for the mentally retarded. I have read the rejections and in my estimation they seem rather minimal for the need of this worthy cause. I am very grateful when some members of the Council and the Commission had reservations about this program and before making a final decision, pro or con, visited with some of the facilities in the area to learn more of the facts pertaining to the disabled. For this concern on their part I am very happy and very grateful. The wording in the application profound retardation" caused some severe apprehension with the Council and rightfully granted some concern to ask a clarification of the meaning. I, too, was apprehensive about the use of this vernacular, because I've always placed retardation into three categories: minor, mild and severe. In no way should retardation be confused with mental illness. These three categories minor, mild and severe) sound a tremendously lot better that the word profoundly retardly. Profound is such an angry, ugly word and had many, many interpretations. I hope the proposed visits here by the City Council to the facilities have resulted in a fruitful and positive decision on our behalf. How and Why? The centuries old stigma of retardation, the ignorance of fact revolving around a disabled family has been finally challenged and the additional knowledge and obligation can only help diminish the fear of the unknown. Fear of the unknown can be a very treacherous reality. Resulting only with narrow mindedness, greed and selfishness. The presence of 30 disabled citizens for the daycare center will in no way increase the disabled population of the City of Baldwin Park, but through professional supervision merely result in a transfer of 30 residents from one facility to another to better equip them to gain a further, higher education on a six hour, five day a week basis. Mayor King: Excuse me. You have one minute. Each person is allowed five minutes to speak, sir. So, You have one minute left. Chris Crowel: What is my time? Mayor King: You have one minute left. Chris Crowell: All right. Sir. Let these people escape the four walls and of their home bases. Let them enjoy for the first time the outside world and the many things that we take for granted in our everyday life. Who know cerebral palsy, epilepsy, mental retardation has no boundaries and it could effect anyone of us at any one time. Your consideration to our disabled citizens, as well as the non-disabled, let them get out in the roads, streets and visit the parks, visit BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"PUBLIC HEARING CP-475 the restaurants, visit the library and let your non- disabled residents meet with them, talk with them, comprehend them, show affection and love. And then the loss of fear, the misunderstanding, the selfishness and the greediness will disappear. Mayor King: Your time is up, sir. Thank you. I might remind each of you, both for and against that there is a five minute time limit. Will the rest in favor please step forward. Teresa Acivilla: My name is Teresa Acivilla. I reside at 951 Reeder Street, covina, California. My position is Program Director at Golden State Rehabilitation Center here in Baldwin Park. As the Program Director I have the responsibility and I have made a committment to these clients to take them to their fullest potential. Although I provide a program that I feel that is to their best benefit, realistically, I cannot take them to their fullest potential that's why I'm in support of a program like this. The ratio is there to benefit the clients and we're also talking the human rights issue. In the area of education we always look for something to further educate our children. The same issue is here. They have a right to go out and improve themselves. This is a program that would be beneficial to the client socially and I also feel for the community as well, because we are not educated in this area. Thank you for listening. Joanne East: My name is Joanne East. I reside at 1438 East Portner Street, in West Covina. I have formerly lived very close to Baldwin Park living in West Covina, and my husband's mother lived here for about ten years or so. I've shopped here a lot and I'm very familiar with the City of Baldwin Park. I would like to ask you on what grounds could denial be based? Mayor King: We will ask our attorney that question. On what grounds, Mr. Woods? City Attorney Woods: Under the City's Municipal Code a Conditional Use Permit, in order to be granted, has to be supported by certain findings. The Council would have to determine that all of four particular findings were present here. First, at the site, for the proposed use, in other words, the location is adequate in size and shape to accomodate the use that's proposed. Second, that the site has sufficient access to streets and highways, adequate in width and pavement to carry the quantity and volume of traffic generated by the proposed use. Third, that the proposed use would not have an adverse effect upon uses adjacent to the subject property. And fourth that the proposed use is in conformance with the General Plan. Joanne East: I see. Thank you very much. I did write you a letter. I believe you probably have it there among your papers. I would like to say, that as far as those four areas that you mentioned/ the licensing requirements, I would imagine are far more stringent upon Mr. Spoelstra program than your business licensing would be, or whatever, your Conditional Use Permit. The licensing is really going to put him through his paces to see that the facility is totally safe, has BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV "PUBLIC HEARING CP-475 SEPTEMBER 7 PAGE SIX access, has enough rest rooms, has enough square footage for the number of clients. So, that will have to be met. Further the quality control and also these various safety aspects will be very closely watched before he can ever open this program at all through his application for vendorization at Regional Center. So, he is going to have to go through a very rigorous program of examination before his program will receive any client in it by those two organizations. So, you can rest assured that if that building is not appropriate it will not be allowed. Many buildings that you might consider to be appropriate, licensing and vendorization, would not be allowed. Mr. Spoelstra's very goal is to train and assist these clients, indeed to be even better community members. I was very appalled, and I'm sure, this evening, I will continue to be appalled by the remarks that various community members will make about the people that are going to be clients of Mr. Spoelstra's Center. Mayor King: Would you, excuse me, summarize. You have one minute. would you Joanne East: Yes. You must be very aware that there are State and Federal laws. The State laws, Welfare and Institution Code 4500 et seq., including the Lanterman Bill. The California Administrative Code, Title 17 and 22. The Federal level. Civil Rights Act, 1964, Title 6 and the Rehabilitation Act, Section 504. You had better be very careful that you are not denying these people their civil rights. Mayor King: Madame, please, the City does not like to be threatened. Nor do I think... Joanne East: I'm not threatening you, sir. Mayor King: That is not appropriate. We are aware of the bills you spoke of, the Lanterman Bill and so forth. do. And we are careful with respect to what we Joanne East: I am very pleased to hear that. Mayor King: And we do care about people. please don't threaten the Council with these. So Joanne East: No, I didn't feel that I was threatening you. I really wanted it to reflect to the people in the audience that they must understand and I would imagine from the things that I have read in the newspaper that they do not understand those laws and codes and that you are bound by them. Mayor King: Our City Attorney has made us fully aware of our responsibilities with respect to the law and your time is up. Joanne East: Thank you, I was concerned about that I'd like to know Councilman Izell: Mayor King, what the lady's interest is... Mayor King: Could you ask that when the hearing is over. Councilman Izell: No, I'd like to know now what her interest is in coming over to Baldwin Park. BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV "PUBLIC HEARING CP-475 Joanne East: I have many friends who live in the City of Baldwin Park that are capable in mind and body and some are not. And as I said my mother-in-law lived here and I consider Baldwin Park to be kind of a partial home. And I just hated to see that kind of feeling coining out in the newspaper from the community of Baldwin Park. It just didn't seem like Baldwin Park to me. And I'm very happy to see that it does not reflect the City Fathers. I'm sorry that it does reflect a few, I'm sure it's just a minority, of the community. Councilman Izell: But, what is your real interest in this home? I'm sure you have some other interest besides your mother living in Baldwin Park. Joanne East: I have a daughter who has dis- abilities. I have been very involved the last fourteen years in this population and I'm very concerned when I hear of our people being put down or... Councilman Izell: Just one more question. What is your involvement. What I'm really trying to find out is, what you do and why you came to make the statements tonight. Joanne East: I am the parent of a daughter fourteen years old with developmental disabilities and I speak out for her friends, my friends and people that I have met. I've worked with and for these people. That is my only involvement. At the present time I am working on my master's degree so that I can counsel these people and their families. That is my present career affiliation. I am affiliated only with a parent group and therefore I speak for the parents of these children. Mayor King: Thank you. Is there anyone else? Elise Tye; I'm Elise Tye, 3312 Millbury Avenue. I'm with the Methodist Church. I'm a C.O.H.N., retired nurse and I have been doing a lot of volunteer with them. These children, adult children, we really don't know how old they are. They been in a mental institution for years and then they was taken out of that and put in a board and care place. Where they had no nuturing, no tender loving care. They are repressed, depressed and because they cannot talk, some of them. It's not because they don't know what's going on. I was talking to people in the community, I was shocked to find so many people in Baldwin Park that have children that have birth defects. Many are in institutions, some are trying to keep them in the home, because they are ashamed. So we really need this and I'm going to give it all I can with my volunteer and my help and my prayers for the Baldwin Park United Methodist Church. Thank you. Pam Ray: My name is Pam Ray and my address is 1521 W. Cameron in West Covina. I*m an attorney and clients' rights advocate employed by San Gabriel Valley Regional Center which serves the developmentally disabled. I would like to take this opportunity to emphasize our clients' rights. Section 504 of the Rehabilitation Act, under Federal law was already mentioned and you assured us that you are aware of their rights. I would just to go over some of them if I could at this time. BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV "PUBLIC HEARING CP-475 SEPTEMBER 7, 1988 PAGE EIGHT There is also the Developmental Disabilities Act of 1984. This act addresses programs for persons with developmental disabilities, in the general provisions of the act, it is noted by Congress that it is in the national interest to strengthen programs that reduce or eliminate the need for institutional care. Also, it is in the overall purpose of this act to assist states to assure that persons with developmental disabilities receive services to enable them to achieve their maximum potential. Through increased independence, productivity and integration into the community. I would like to mention a Federal Appelate Case where a school board prohibited a handicapped student from participating in the athletic program, because of his handicap and the judge in that case said that although the school was concerned about the possibility of injury to the student and the moral and legal resposibility in the event of injury. That life does have risks and that the purpose of section 504 is to permit handicapped individuals to live life as fully as they are able even though some activities might present a risk to them. I would like to turn to California State Law now. You already mentioned the Lanterman Act, of Section 5400 of the Welfare and Institutions Code. In that Lanterman Act the rights were spelled out including the right to treatment services that fostered the developmental potential of the person and the programs that are provided, are provided under the least restrictive environment. There's also a right to our client to social integration and participation in community activities. In 1984, Section 4691 of the Lanterman Act was amended to stress and reaffirm the legislative intent that community based programs be provided to enable persons with developmental disabilities to approximate the pattern of every day living available to people of the same age without disabilities. I'm glad to know that the Baldwin Park City Council is aware of the clients rights and I urge you to allow this opportunity for community integration Through this program. Thank you very much. Idela Gebhart: My name is Idela Gebhart. I live at 334 N. Leiand Avenue in West Covina, but I have been a member of the Baldwin Park Methodist Church for many years and this does concern me. I just wanted to briefly tell a story. Many years ago, about fifty years ago in fact, a cousin was born who was mentally retarded. I had known nothing about it before, I was a teenager of course and I hate to admit, but I kind of shied away from him. I was a little bit disturbed by him, but I got over that because he was a sweet and loving child but just seemed incapable of learning. As time went by his mother and father were told that he would never be able to learn, that he wouldn't live long and all these things. He grew and thrived. He was in a very loving home, but he got to the age of about 8 or 9 and still had many basic functions and he did seem to be unable to be taught. So, there was nothing like this school then and his parents heard of a private school, quite some ways away that taught retarded children. It was very expensive, but they took extra jobs and sent him there for I don't know how long, but he did learn. He learned amazingly. He came home, he was toilet trained, he could make beds with hospital corners. I was making beds with him one time and he reproved me a little and BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV 1988 09 07 CC MIN;¢f4ÁV "PUBLIC HEARING CP-475 I think it must be every parent's concern that when they die, when they are no longer capable of caring for their adult child that this person is not going to be out on the street unattended. That at least is my concern and it's my concern for other clients as well. My other concern is that I, personally, do not want to see my daughter or any other developmentally disabled adult become a nuisance in any community. I think it effects all of us as a society. So, therefore, we must provide programming for them. It must be quality programming. It has to be in consideration of their developmental needs. Now, the clients that I've worked with, as a substitute teacher, have been some of the clients that you're talking about tonight. As far as their agressiveness, I have never been attacked by anyone of them. I have also worked with mentally ill clients in this setting and have never been attacked by them. In other words, I have not seen their agressiveness used in this manner. It usually takes all of their effort which may be this much to acquire this much response for learning. Mayor King: Will you begin to summarize please. Nancy Maderus: Yes sir. I guess what I'm asking you, and I'm not trying to convince you to approve it or disapprove it. But if you do approve it please be concerned for the quality of the lives of the people in your community. Thank you. Mel Forup: My name is Mel Forup. I live at 1160 Conwell in Covina and I frequently visit many health facilities throughout the area and I have worked with developmentally disabled. I would just like to say that I have seen many programs and I've had first hand experience evaluating the programs and seeing how they do. At no time have I ever seen a dereliction of duties of the people who are running the programs that was not corrected immediately. I would like to say that generally speaking the people that would be going into these programs are screened very carefully and they have a tremendous potential and ability to learn. I think that it is fair for them and I think it's also good for the community to learn and be able to enjoy the interaction with these people. They enjoy that interaction, they need that interaction and I think also the members of the community need that interaction. That's all I have to say. Ed Clancy: My name is Ed Clancy and I live at 14715 Los Angeles Street. I approve of it and for one thing I hope it goes through so I can go to the V.A. Hospital. They have a lot of veterans there disabled and they're afraid to come out into the public. I've been working with a lot of Viet Nam Veterans over in El Monte and I've had people come in and stare at them, run and I have to call the police to get them back. It would be nice if we could have something like this where they could get a little bit of love and attention. Maybe it will help them a lot. Mayor King: Anyone else in favor of CP-475? Hearing none I'll call for opposition to CP-475. BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"PUBLIC HEARING CP-475 SEPTEMBER 7, PAGE ELEVEN Milton Hadley: Mr. Mayor, members of the Council, my name is Milton Hadley. I reside at 2814 Mesa Drive in West Covina and I have a law office within 300 feet of the proposed Conditional Use Permit application, located at 3940 Maine Avenue, Where I'm in partnership with Dr. Jerry Smith and my brother, Marshall Hadley, of the property. I also represent Dr. Roland E. Westermeyer who owns property at 3940 Maine Avenue, which is one lot removed. We urge the Council to support the decision of the Planning Commission and deny the application. Most of the people that have talked here tonight are talking about hysteria, an unloved people, people that are retarded and that we should have sympathy for those people. And that we should abandon a business decision and permit this zone change or this Conditional Use Permit. This is a business decision. We are not opposed to help for the retarded people or for the mentally deficient, but we feel that to place this school and change the commercial, professional zone, which this is now zoned for, making a variance to permit this school to go into this area, it will have a very profound effect. Not only on the area but upon other facilities within the town. This is a noble cause, no doubt about it, but we feel that the location of the school should be placed somewhere outside of the downtown central area. If the Methodist Church seeks to have this type of facility it would seem reasonable to me that they should seek other locations within the City. We have several areas already that have facilities for the mentally retarded and to add one more within such a close proximity I feel that it would create a police problem. Bearing in mind that this facility is not locked. That people are free to go and to come at any time they want to. I feel that the extra personnel that will be involved with 35-45 people could actually create a traffic problem within the City, within this particular area. With that, I feel that that would be a substantial adverse effect. I see no benefit to the City to permit this facility to be placed within this location. We are talking about a variance to permit a spot type of a zoning application within a very limited area where property needs to be developed by something other than a school. Once the CP is approved I think you would find it almost impossible to rescind your actions to develop property in a more... more in accordance with the master plan. We ask that the CP-475 be denied. I also had written a letter to the Planning Commission which I have a copy of. I understand that is not available to the City Council at the present time and I would present my authorization representing Dr. Westermeyer and also my prior letter to the clerk if you would like to have it. Marion Martin: Good evening. Council. I'm Marion Martin from La Frans Cleaners, 14312 Ramona Blvd. First I would like to straighten out the record. I am diametrically opposed young man in the audience) to the proposal but I am anything but an illiterate and ignorant. Mayor King: Would you speak to the Council. Marion Martin: The gentleman proposed that anyone that was opposed was either ignorant or unable to make BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"PUBLIC HEARING CP-475 decisions. This is, as proposed by the former man, it is a business decision. It effects our property, it effects our investment. We all have hearts of gold, we all belong to churches, we donate and dedicate our lives to being Christian. And how someone would dare to take our integrity and put us in despair of our reputation and our personal feelings about ourselves. Regardless not any City should be permitted to do this type of thing to anyone. I am sorry that there are handicapped people. I'm sorry that there are people unable to take care of themselves. We have a Hilton Hotel coming into town, should we maybe reserve the top suites for anyone that is unfortunate enough that the wife has thrown the husband out, because they have had a quarrel? I mean there are many, many reasons why this should not be permitted in the City. Our City Hall is right in the same area, our police department is in the same area, the old strip mall is in the same area, the new proposed shopping center is down less than two blocks, the Chamber of Commerce is in this general rehab area. And I really feel that the City has to take a good look, and as the gentleman just prior to my coming up here said, once this proposal has been accepted no matter how much policing it is going to take, it's going to take much more than just conversation to the City Council or just to the City Lawyer or just to the City Chief of Police. It's going to take many days of court battling to be able to over turn this once it is allowed. And our churches and our charities are a personal thing and I don*t feel that it should really be brought into what we would call City business and church business. I think that's our personal business and I think we all should in every way we know. Our children went to the wars, our children have gone up to help through the many, many countries through the work and developing. I talked to a young man today he just got back from Nicaragua he's down there trying to build a school. Our people are all over the world, we can't take 35 or 50 unfortunately retarded people and let them come into a choice area in the downtown part of our City. We just can't do it. Mayor King: Will you sum up, please. Marion Martin: Thank you, I'm finished. R.J. Smith: Mayor King, city Council, I'm R.J. Smith. My office is at 3936 Maine Avenue, Baldwin Park. On coining here I really feel bad about the emotional issues that have come up, but I feel that the Planning Commission should be commended because I think they made a fair decision upon the area there. The location is completely incorrect and inconsistent with the area. As far as the emotional I feel bad. I think that there is no one in Baldwin Park that has hard feelings toward these issues of human rights. But I do appeal to you to maintain the decision to deny the CP. Thank you. Mike Martin: Mike Martin. 14312 Ramona Blvd, First I'd like to address our City Planner, please. Mr, Rangel, at the last meeting there were some questions brought up about the parking lot. Mr. Spoelstra had said there was a couple of cracks, quote, in the parking lot at that facility. Mayor King: Address the Council and we will direct the questions. BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"PUBLIC HEARING CP-475 Mike Martin: Do you want me to repeat that? Very well. At the last meeting, when Mr. Spoelstra was up, he commented he was called on the parking lot and the condition of the parking lot. He said there were a couple of cracks, quote, in the parking lot. I, personally, went over and looked at the parking lot. Unfortunately, with three of four oughts behind that number would be more fitting. It's in deplorable condition. On one point now I know, or I understood Mrs. Lowes, Art Rangel and Julia McNeill went over. What was the condition of the parking lot? Mayor King: The parking lot, as you stated, is in need of repair as Mr. Rangel's report also reflected. Mike Martin: I see. Thank you. On the condition now tonight, it was brought up a tenant ratio of three to one. I think yourself. Mayor King, had mentioned something at the last meeting about being two to one. A tenant ratio. Mayor King: Three to one I believe at the Commission's meeting and our meeting it was two to one. Mike Martin: Fine. Okay and as far as the area I don't feel it's really suitable with this Westar project) going to be coming up in a matter of six, eight months. I don't know how this is going to effect the traffic. It might be something to be considered. Personally, if this isn't a Trojan Horse, if this program is administered as the model representation, Mr. Spoelstra had told the Council, unfortunately, he evaded some of the questions or had to turn them over to his, some of his other people. If it's going to be administered as the model program that he suggested I, myself, would be in favor of it. Unfortunately, I'm upset that once this Conditional Use Permit is issued, should there be problems and should certain stipulations not be made on that permit, it would be pretty tough to get it back. Take a lot of time and in court. Thank you. Ed Huetinck: My name is Ed Huetinck, 13059 Amar. My main opposition is the area that it's in. It's the middle of Civic Center and it's right next to a planned Senior Citizens' housing Another feeling I have, we're transferring these people from one Baldwin Park facility to another. Now, is Golden State going to lose funds during the six hours that they're going to be gone? Or are they going to be funded for the same people and then be funded again at this new facility? I just believe it's just another business and I think if they want to take these people out into the communities, I'm all for the shut-in people, the children that have to stay home with their parents, to be picked up, transported to our City, Covina, Arcadia, to different shopping malls, different parks, this type of thing. I think that would be wonderful. But to transfer people from one facility that they're already in and just to bring them to another new facility in Baldwin Park to teach them hygiene which they are taught in the one facility. I have a retarded grandchild and they're taught hygiene at the facility that they're in. BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"PUBLIC HEARING CP-475 And Mr. Spoelstra also stated that these people that he would receive would not have an I.Q. of over three years old. Now, you could take and teach a three year old to take a bus and get on a bus, how to get off, but you would never, which he stated that someday, hopefully, they'd be allowed to take the bus by themselves. But I don't believe that anybody would ever let a three year old go anywhere on the bus by themselves. That's just my feeling. Thank you. Frank Fitzgerald: Frank Fitzgerald, 14802 Clydewood Avenue, Baldwin Park, I kind of feel a little empathy for the Council tonight. Seems to me that people out of town kind of intimidated you, with veiled threats and everything else. But I just want to say a few things about the business people. I've been here for 38 years. I've been in the Chamber of Commerce for a good many years, after retirement. And I think it's about time someone is speaking for the business people of the community. I take you back to Hampshire House. We were given praise, we were given promises and everything was going to be great. Our service club, for three Christmases, brought the people at Hampshire House which were retarded, but not profound retarded people, Christmas presents. At the time until nine months later the owner of that dwelling did not know who was buying presents. He called me up one time, Well, I've been in Europe for nine months and I didn't know what was going on." I'll tell you the truth there were two women running that facility until Council, the previous Council, sat down on them. And so we have to have something done about this, because the community, the business people in the community are complaining. The young people are going in, they didn't know any better, urinating in grocery stores, opening the caps to peanut butter, dipping their finger in there and licking it. They didn't know any better, but this is the same because they had no supervision. Now, Mr. Spoelstra said to Planning Commission, We're going to have 30-60 people, we're going to have a supervisor to every four people." And he was asked, do you mean you're going to have fifteen people everyday? Well, maybe we won't have 60, maybe we'll have 40, maybe we'll have one for three. When it got to the Council, as you know, it was one to two. Who are we to believe? The other point I'd like to make. As you well know, this is the Central Business District. Now we're talking about 475-CUP. I don't see a variance. Our convalescent homes, our hospitals, are they not in residential sections? Why, is this not in a residential section? This is in Central Business District, I'd ask this Council to really deeply concern and think about this. What are we doing? Are we going to change our image? Are we going to listen to the people in Covina, West Covina or someplace else? Are we going to change our image? Or are we going to be a dumping ground? Thank you very much. Maryanne Huetinck: Maryanne Huetinck, 13059 Amar Road, Baldwin Park. I think the problem isn't whether how we feel about the facility. It's the location of the facility that is in question. BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"PUBLIC HEARING CP-475 SEPTEMBER 7, 1988 PAGE FIFTEEN We were at the Planning Commission and I have to agree with Mr. Fitzgerald. I found so many inconsistencies with Mr. Spoelstra, I believe his name is. First, I thought, oh he's saying this, he talked about getting a group of clients together and going and washing windows. And then pretty soon, when the Commissioners mentioned that some people were wandering around without supervision, then he said that these people wouldn't be able to, they wouldn't be that advanced to be out to do things such as this. So, I found his conversation rather difficult to follow. Taking clients from Baldwin Park and these are members of our community, but I've noticed that the people that have spoken tonight, the families, are members of other communities. So, it seems to me we've been very generous. We have embraced the people who have had needs, Also the business community. Right now we're reviewing the General Plan and we know that we depend, our whole life, the life of our City depends on commercial. And we sorely need commercial. The Westar project) is just now barely getting a start and we do need to try to attract for the benefit of the whole City. So, I think we really, I think the location is inappropriate• We have a grandson that's Down Syndrome. I can certainly appreciate anyone that has a child that has a problem like that. But I do think this location is inappropriate. Thank you. Mayor King: Is there anyone else in opposition to CP-475? If so please step forward. Hearing none, before I call Mr. Spoelstra. I would like to ask Mr. Hadley if he would step forward. Mr. Hadley, why would this effect the business district and why would this effect property values? Milton Hadley: I believe that it would restrict development, Mr. Knig. As had been indicated before and as I understand, the City owns property for a Senior Citizen development area there, within the area. I feel that it would probably restrict development if it was, if this facility was permitted in this area. You'd have additional conjestion there and I think that it is not compatible with a commercial/professional area. I believe the school would be compatible with the areas where they are presently in existence. By reason of that I do think property values would be held in abeyance should the Council permit this facility to go in under a spot zoning type situation, which is being requested at this time. The church is a non-profit organization. It has no tax base, it has no income taxes, no taxes to the City that it pays. I can see the City Council permitting this to go in providing income to the church and so forth. Then I can see other churches supplementing their income, asking like-types of profit making ventures, to wherein they can subsidize their congregation. I'm not against churches. I'm a religious person and I have sympathy for the appiication. I have sympathy for the people, but I don't feel that this is a proper location for the school. They can be taught or educated in the facilities where they are presently located, I feel. BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"PUBLIC HEARING CP-475 There was one other point I wanted to bring up, it slipped my mind momentarily. I hope I've answered your questions. Mayor King: Let's just stick to that subject matter. Milton Hadley: Did I cover your questions? Mayor King: Yes you did. Concilwoman McNeill: Mr. Hadley, I'd like to ask you a question. Up until last year this same facility housed a daycare nursery school. Did that have any effect on your business? Or do you think it had any effect on business in the center of Baldwin Park? Milton Hadley: I'm not aware of any particular effect that the daycare center had on my business or my area. No. I am not aware of the number of people that were involved there. The number of people in the daycare center or the number of people there supervising. Certainly, the children were not free to roam freely outside of the facility. Usually in situations such as this, and the courts usually look at this as to whether or not the person is able to wander aimlessly along the street or whether they should be in a locked facility. I can see a tremendous police problem, you know, with people wandering up and down the streets/ if they are not properly supervised. As far as the daycare center is concerned for small children. I think that you'll find they are very properly supervised and they're kept inside the building, rather than permitting them to roam out. And one of the purposes of this, as I understand it, is that they're supposed to be able to go out free to roam around and to meet people and to be in the public, to learn how to ride buses and things of this nature. It certainly cannot be compared to a child daycare center. Councilwoman McNeill: Misunderstanding is a ter~ rible thing. You see these people have the mentality of these same children who were in the nursery school. And they won't be doing anymore roving than the nursery children were doing. They can't go any place without supervision. Milton Hadley: I would certainly hope so, but I'm not so sure... Councilwoman McNeill: I think if people have a better understanding. Anybody that had an objection would probably look at it from a different standpoint. Milton Hadley: Well, Ms. McNeill as I indicated before, I think that this is a noble cause and... Mayor King: For the record, we should clarify there is no rezoning at this time for this particular area. Milton Hadley: This is a Conditional Use Permit as I understand it. And as I understand when a Conditional Use permit is granted there has to be some very strong reasons in order to terminate the Conditional Use Permit. Has to be some serious violations and there's always an opportunity to make amends, to correct them, to correct defaults in those things before the City Council would even consider the fact that it should be BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"PUBLIC HEARING CP-475 SEPTEMBER 7, 1988 PAGE SEVENTEEN revoked. Actually, this is real prime property there for development and I think that it would have a tendancy to, rather expand the type of facility that you are talking about or which they're seeking to put there. It would seem to me that would be highly, it would be a great incentive for someone to go in there and develop it into office type buildings. Which are extremely short in this area. There's no office buildings available in Baldwin Park. People are having to move out. So, it appears to me to be a misdevelopment, misapplication and it seems to me that there should be other better locations within the City that they could locate. Rather than to go right into the central downtown business area. Councilwoman McNeill: You answered my question and I won11! say anything more until later. Thank you very much. Mayor King: At this time I will call on Mr. Spoelstra for his comments with respect to those made. Les Spoelstra: Yes, I'd like to clarify why we said 30-60 on the application. At the time that we were working with Regional Center they asked for a facility for 30. As I looked around the community I found the church, which had a lot more room. And usually after a while they want to put in one or two more. So, I only indicated that it would hold, in my estimation, with the four classrooms, I think it's four or five, up to 60 clients adequately. But the license by Regional Center and the Department of Social Services would only be for 30 and 30 only, ever. That's what they've told me. As to the ratio of clients to staff. The State allows with this kind of a development center, it's called in their category, four to one ratio. We appealed for a three to one because of the number of wheel chairs and the one on one type of work that's necessary with them. So, I think the rate came down recently to three to one. Yes, it came down to three to one so it will be three to one. So that means for 30 people there will be ten staff working everyday, all the time. As far as wandering in the community. Let me assure you that in the other three facilities we always have them with staff. We always have staff with them. Three to one ratio. Most places it's four to one because that's the allowance but I only allow my staff to take two out at a time with them when they go out. Mayor King: You say you always have in the facility? Les Spoelstra: A four to one ratio, but when they go out I tell them two to one. Unless they have a very high functioning group. Mayor King: Do you tell them or make it mandatory? Les Spoelstra: It's mandatory. Right. I remind them all the time that it's two to one. Anyway, I'd like to clarify why the location was chosen. An item I think of the lawyer here Hadley) and his friends. The program to work effectively must be as close to the business district as you can get. Because they'll do a lot of walking. Some of these has cerebral BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"PUBLIC HEARING CP-475 SEPTEMBER 7, 1988 PAGE EIGHTEEN palsy and have walking difficulties, others are in wheel chairs, others may be fragile in health and walking more than three or four blocks would be a detriment to their health. And so it's necessary to be within two blocks, at least, of the business district. It is desirable on the part of the State that I may be in a store front. Yet I respect the businessmen and I have tried to stay back two blocks. Only because I have to have one bathroom and one sink for every fifteen clients. I try to get double that, which the church has. I like classrooms with a lot of space. I have to have an outdoor playground area, even though they are adults. It has to be shaded, which the church has. It has to have room for a bus to come in and out, which the church has. And the remodeling of the building would be very minimal compared to what it would be to take a store front. I'd have to rent two or three to get the space. Put in all the bathrooms. Put in all the sinks, the changing areas in the different rooms. They will not be in the community 100% of the time, There will be a lot of training in the facility. Now it was brought up that they can be trained in their home base. Golden State or wherever they are from. They are trained there. The money that the facility receives at Golden State is a blank fee per day. Which is to cover about 16-18 hours of staffing. It's assumed by the State Department of Social Services that they'll be going to a daycare program. And so my program then is paid for six hours to pick up where they're not paid. If the client stays in the facility they lose money. They can't operate. Mayor King: You say your pay is for a six hour period. Les Spoelstra: Right. Five days a week. Mayor King: And it's my understanding that your pay is thirty-three 33) something a day per client. For a six hour day. Les Spoelstra: Right. Mayor King: And does that include the rental of the property? Les Spoelstra: The rental, the liability insurance, the use of a van/ liability insurance of $6500 on the van, because it's a lift. It includes staff. It includes utilities. I'll be paying taxes to the City because I'm a profit organization even though I don't make money, they do measure off and tax me for it. I pay health care for my staff and all the benefits, workman's comp, which is high. You know it's about 25% above the wages benefit package for my staff. Life insurance, health and all that. Thirty-three dollars $33) is not going to cover my expenses with ten staff. Mayor King: Do you have anything to add in rebuttal to what was said? Les Spoelstra: Well, I just wanted to say that I have looked at many sites, even asked the school BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"PUBLIC HEARING CP-475 SEPTEMBER 7, 1988 PAGE NINETEEN for rooms. Which they said no they didn't have any available unless I wanted to buy a whole school. I have looked around all over town for sites, including store fronts, other churches which had not enough bathrooms, too narrow of doors, no parking lot, just totally run down. And I've asked the school district and they said no, they'd sell me a whole school, but they didn't have any rooms available. I don't need a whole school I need two or three classrooms. I'd be thrilled to have a section of a school, but it's not available. Mayor King: So basically you're through with your testimony. Les Spoelstra, Yes. Mayor King: And you would prefer that the Council ask questions? At this point. Les Spoelstra: Right. That's right. Mayor King: I would like to ask are you familiar with the school district's program? Adult Education. Les Spoelstra: Yes, I am. Mayor King: With respect to these types of uses. You have developmentally disabled and then we have mentally disabled. Les Spoelstra: Depends who's classifying. Mayor King: Actually they're one in the same category except that the mentally disabled, nervous breakdowns and things of that nature. Les Spoelstra: No. No. That's totally different. Mayor King: Well that's what I was told. All right then let's leave it then at developmentally disabled. That's fine, but the school district I understand handles the program. Les Spoelstra: They do some training over at Golden State and other facilities, but the State Department of Social Services does not approve it. Mayor King: Well, I spoke to many, many people. I spent hours on the phone with respect to this, I talked to Mr. Benbow of the Adult Education. He stated, yes, indeed they do. And they handle up to 22 years of age and then beyond. Beyond they fall in a different category. But they do handle these people. And it's my understanding also that the school district had applied. That you had applied just before they did with respect to handling some more people. I don't know... Les Spoelstra: I don't know what they applied for. Mayor King: I don't know how that works, but you stated in the beginning, you stated at the Planning Commission that indeed there was going to be three clients per one staff person. But what made you change your mind from that date to this date? Two to one. Les Spoelstra: There will always be three to one, but when they go out... BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"PUBLIC HEARING CP-475 SEPTEMBER 7, 1988 PAGE TWENTY Mayor King: You stated that... excuse me. You stated that in going into the community that it would be two to one ratio. 1 understood that it was three to one before. Les Spoelstra: That's right. For the facility there will be ten staff... Mayor King: Okay. So that hasn't changed. Les Spoelstra: No. But when they go out the person staying back will have an extra person to watch. Mayor King: The Tribune newspaper) stated that you, Loma Linda, you had a facility, or you had people working there. At what facilities do you have them? Les Spoelstra: Okay. They work at Charter Hospital, which is new in town. They work at Beverly Manor Convalescent Home. Mayor King: What hours do they work and what are their chores? Les Spoelstra: They work about one or two hours a day. Between 9 and 3 it depends on how we can bus them and so forth. Mayor King: And they are chaperoned all the time? Les Spoelstra: Yes. A staff member goes with each two to wash windows. They work at the Regional Center, which is owned by some company down here in Santa Ana. They work for Mountain View Plaza, which is a business center where they wash windows. Salvation Army they mop and wax and wash windows. The First Christian Reform Church they vacuum and dust pews and so forth. And just yesterday Terracenna Convalescent Hospital called and asked that we send people to wash windows. Councilwoman McNeill: Are these people that you send out to work, people that you have trained to do this? Les Spoelstra: Staff? Yes. Councilwoman McNeill: Are they clients you have trained to be able to work? Les Spoelstra: Yes, we work with them around the facility practicing. We take them out and sometimes it's hand over hand, because of their contractures or their short attention span. But they do the work with the staff member. Councilwoman McNeill: They're supervised constantly. Les Spoelstra: Right. They're called job coaches. They never go out alone. We take them by van drop them off. Go get some more drop them off. You know pick them up in an hour or two. Mayor King: I'm sorry. How many do you take at one time, if I may Mrs. McNeill. Les Spoelstra: Well, it depends. If they're doing Regional Center, which is a hughmongous building, they'd probably take four or five and three staff go along. If BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"PUBLIC HEARING CP-475 SEPTEMBER 7, 1988 PAGE TWENTY-ONE they're doing the Salvation Army, two go. If they go to Beverly Manor probably two or three go with two staff. It just depends on how many windows there are. These will not be working though because I understand it's not necessary. That they'll just be integrated. Councilwoman Lowes: The profoundly retarded that I met. I wouldn't think would be able work or to do small jobs in the community. Like at McDonalds or things like this. Most of the people that I met were physically and mentally unable. Or they were at the ages of/ like you say, one to three years. Most were not ambulatory or able to talk. Les Spoelstra: When you say one to three years old, remember that when a psychologist tests a profoundly retarded client and he can't respond, how can you get an accurate I,Q.? I have some that I know are much more intelligient than that, but they can't communicate and they can't use their arms because the've had cerebral palsy or paralysis of some sort. The one that you saw cannot work in Pizza Chalet or McDonalds cooking, stuff of that nature. They could do wiping off tables. They could be hauling out the trash. They could be sweeping, mopping up the spills and so forth. I wouldn't want them, as the director, to be responsible for handling food and so forth at this point. But the City of Glendale has a beautiful program for handicapped where they work in restaurants, hotels, all over the place, you know. Making salads for the restaurants, cleaning bathrooms in the big hotels. My clients, I don't feel they're quite capable of that, so I wouldn't ask them to do that. That's what we stick with. Trash pick up, window washing, cleaning up lawns, things of that nature, sweeping, dusting church pews, straightening out Bibles. I just wanted to approach the policing type of aspect. As you know I have a facility in Banning, one in Loma Linda, one in Norwalk. In Norwalk we're right next to the main street. Banning, we're two blocks from the city main street, Loma Linda, we're a little further off, because we're in a rural area. But we have never had the police called for our clients. We've never had anybody complain. We have no complaints from the City of Norwalk, City Clerk's Office. I asked the church if they had any complaints. They said wer ve never gotten a complaint from the community. I think that says something about my clients. When they get out they're different. When you put them in four walls you, too, would go bonkers after a while... Mayor King: Just to inject a point of view they work at sears, Roebuck approximately two hours earlier in the morning, is that correct? Les Spoelstra: Mine? No. Mayor King: No? I was told by Norwalk that's where they work. If you say no. It must have been someone else then. Must have been some other group. BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"PUBLIC HEARING CP-475 SEPTEMBER 7, 1988 PAGE TWENTY-TWO Les Spoelstra: By Norwalk? No. We've cleaned up a bar parking lot of broken glass and beer cans twice a week for an hour, Monday and Thursday, but we don't work at Sears, no. Councilwoman Lowes: You indicated to me when I visited your facility in Norwalk that the clients are sensitive, very sensitive to heat and need to be kept indoors when it's very hot. That they are very sensitive to noise, because it was commented that, or noticed, that there was no music in the facility* And that they have, perhaps, frequent seizure problems. With all these things taken into consideration. Wouldn't it be kinder to these clients to get them out of their home and take them to a mall where it is indoors, where they can be taken in all kinds of weather. Where there are stores that would delight the minds of a one to three year old. Pet stores, toy stores, ice cream parlors. Where there is no traffic to contend with and worry about. And where they have elevators and facilities to accomodate. Where it is concentrated in a two block area. Les Spoelstra: My answer would be no. I don't think any shopping center would want 30 brought there at one time for a whole day. Even though it's air conditioned. Mayor King: I don't think that's what she meant. Les Spoelstra: Well, she said wouldn't it be fair to bring them there. I think you're trying to limit their experiences to pet shops and ice cream stores and so forth. I appreciate your comments there. Yes, they're sensitive to heat. You and I are too. And when it's hot like today we stay inside and when it's cooler we go outdoors. Music, we all love music and so do the retarded clients. They love music. And my comment to you, I think Mrs. McNeill asked why we weren't playing music all day and I said, if I would play music they would all quit and go up there and start dancing around or jumping up and down and so forth. After you left one of my newer staff emebers did that and we had to shut it off because three of them wanted to dance all the time and didn't want to work on their project. They love music. I don't think that's unusual to limit music to a certain time in our lives, you know. I don't allow my staff to have music on all day because then they don't concentrate on what they're doing. And when I taught school for 24 years I never allowed music in the classroom except during music period. I think that's reasonable. As far as temperature and so forth. Yes, my clients do have seizures, but not all of them, one or two. They're on medication and that's what anybody would do that has health problems. But I think that the distance we make them walk is important. And that's why I felt it was important to be as close to town as possible at this location. We as a staff will all have first-aid training and CPR training. These are just recent regulations by Regional Center and the State Department of Social Services. We have, I think, until the end of this month BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"PUBLIC HEARING CP-475 SEPTEMBER 7, 1988 PAGE TWENTY-THREE to have them all trained and I only have one or two staff to go yet of about 40, because they couldn't work it in their schedules. But thet're all trained in how to handle situations like this in public, they're a rarity. But we have to be aware of it. Councilwoman Lowes: Mr Spoelstra. We have nine facilities of this type in our City now and they are all free and welcome to visit and join in the community activities. And they do so. And have been doing so for many years. So any facility in Baldwin Park or otherwise is free at this time to join in the community. And in fact I found one business brings their clients from Covina every week to visit our City and take part of hamburgers at our 39 Cent Hamburger Stand. And they aren't very welcome. are Correction made to minutes by Council) Les Spoelstra: I would assume that that would be true that there are nine facilities. They're not the same. They are residential. Mine is just a daycare program for them. I would question, Mrs. Lowes/ how many of those facilities do, on a regular basis, allow their clients of this nature to go out and enjoy the community. Now, the young lady from Golden Stae said they go out twice a week. Some of them do. I don't know how many. You someone in audience) have 150? How many go out in a week? Okay, I'm just curious. I know most convalescent homes where these clients reside don't get out too often. Councilwoman Lowes: Well, it was my understanding that it's a State law that they must get out. And I saw the schedule at Golden State on their calendar. And they are taken out to the Baldwin Park Wienerschnitzel, the Baldwin Park Pavilion, malls, the arboretum, bowling, studio tours, minature golf. Dodgers, Sea World and the Beach, Les Spoelstra: Right. These are becoming more common because to get your program approved you have to do this nowadays. And I appreciate that and I think the State does, too. But, there can always be more. Councilwoman Lowes: And the man that I talked to in Covina, he has a facility for 35 clients, told me he gets sufficient funds to take his clients out frequently. And he takes them to Jack's Fish Farm, our 39 Cent Hamburger Stand and everywhere. So they are free to go anywhere that you chose. Les Spoelstra: Right. The clients get $35 a month to spend as their own, but they have to buy clothes as well. So this is a lot. It costs about $4. Councilman Lowes: Mr. Spoelstra. When I visited your facility in Norwalk I asked about the fire alarm system and the need or lack of it for sprinklers. You said that you didn't have to have sprinklers, but that these people were not able to respond to a fire alarm on their own? Les Spoelstra: I said they're classified as non-am because thay are profoundly retarded and most of them would, right. And so we have fire drills once a month as required by the Department of Social Services and we practice this and they respond with the staff, right, we do have, we're required to have extinguishers and alarms. BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"PUBLIC HEARING CP-475 SEPTEMBER 7, 1988 PAGE TWENTY-FOUR Councilwoman Lowes: Do you feel they would be able to respond to say, a siren or a horn or an emergency situation? Les Spoelstra: Enentually. With practice. It's a learning situation where they will catch on. Mayor King: I have Kay's Rest Home up the street from myself and I've never really found any problems, you know. The people some of them scream and yell and the children become used to that and ignore them, so do the adults. And some people walk in the middle of the street and we guide them back to the sidewalk. About a month and a half ago I abserved a young man trying to pick up one of the young ladys that was staying at the facility. I took his license number as well as run toward the vehicle and he sped off. But I did take his license number and I did report that to Kay's Rest Home. I haven't found any real problems, because we all understand, we're all sympathetic towards the needs of these people. I was in opposition to quite a few people some years back with respect to Hampshire House. It was a facility that was existing. It existed and it could have been removed and these people sent back to a state institution. I felt that if it were better managed, and given time to be managed. And if it couldn't then then we would have to do something else. But until that time keep the facility so that those people would have some understanding of living and laughing and playing as others do. A lot of people were disatisfied with my decision, but they were kept. And as the attorney so aptly put, the courts agreed they could stay. But they were in an existing facility and there are over 60 clients at the facility. Now all of us have compassion for people. I do or I wouldn't have fought for the Hampshire House back then. I think some of us are concerned with respect to the proliferation of such a use with respect to the close proximity of our business district and how much all becomes burdensome to the business community. And it could eventually become burdensome to the residential area. We all have compassion for these people. I was talking to Sally Kazora, you've spoken to her. Is she here? Raise your hand. Les Spoelstra: Yes, she's here. Mayor King: She stated to me by telephone, that one staff per two clients, that was accurate. She also stated that 30 people maximum per facility. And she stated that. You have stated 45 people in this facility. Les Spoelstra: Okay. Want me to explain that? I did at the Planning Commission, I think. Thirty is the max. My experience has been that all of a sudden they have 3 or 4 more clients and they want me to take them and I can't, because licensing would cite me for $300 a day, I think, to have an extra client in there. I have to go back to get the Conditional Use Permit increased, right? And that takes six months usually. That's why I said 45 but I have agreed with them to a contract for 30 and it's 30 only. I have done this... BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"PUBLIC HEARING CP-475 SEPTEMBER 7, 1988 PAGE TWENTY-FIVE Mayor King: You didn't have the facts when you presented this to the Planning Commission with respect to the numbers. Les Spoelstra: When I presented it to the Planning Commission I was asking for 30 and saying that there was room for 45 in case I needed, but I did not say I needed it. Mayor King: I understood 30 to go to 45. Les Spoelstra: No. It could be if we needed the space but we were not going for it at that time. I think I talked to, Andy's not here tonight, and he and I talked about this before it went to the Planning Commission or the Council the first time and asked him to change that to 30. Which he said he would do. And I found out he did not do that. So that's why it's in there. But we did beforehand discuss this, Andy and I, and set the number at 30 and 30 only. Mayor King: Any one use, it could start to become detrimental to business or the community as a whole. Then you wonder, what is the limits. I don't know what Sally, Ms. Kazora, would say to that. I don't know what the studies are with respect to that. But I do know that we are working very diligently to upgrade our General Plan. To make life more livable for our businiss community as well as our residential areas, And so you have to take into consideration each and everything you do. Even, I can allude to a truck yard, a truck yard doesn't bring revenue. How many other cities are providing the same service to help those people park their trucks and that type of use? Because there's no revenue we can only handle so much. Other cities must do their share. My point is, are we doing our share now? And from the 243 clients, I recall, and nine facilities, and the close proximity to our downtown area. I say, yes. I think Baldwin Park has been humane in this area and has looked at the problem realistically, they are part of society. And we understand that, but we must take into consideration, as I stated, the proliferation or the uses going beyond a certain point. I haven't been able to analyze that. So, anyhow, I wanted you to understand that this Council has talked sympathetically about this use. However they vote we are looking at the use with respect to what is best for this community as a whole. So, we think of your clients, but we're also looking at the community as well. Now, I would like to at this point, before I give Mrs. McNeill the floor or another Councilman also. We need to, this Council needs to state the impressionss, for the record, of the property. Each of us has gone to the property. I went to the property and I found, yes, indeed there needs to be a chain link fence or something aesthetically nice that would enhance the containment of a person. Should that person not be close enough to a staff person and could possibly go into the street. So we need containment. I looked at the parking lot and indeed I found the parking lot in a deplorable state. And I can understand the plight of the church in need of funds. But the parking lot is in a bad state of repair. It has many, many cracks in it and for parking it would need to be restriped and so forth. BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"PUBLIC HEARING CP-475 SEPTEMBER 7, 1988 PAGE TWENTY-SIX Now, I hadn't entered the facility but I understand it's nice inside. I attended that church approximately seven years ago. Which is a long time but it's a nice facility and it has air conditioning, as was stated. Other than that, that is my recollection of the facility. Councilwoman Lowes: I also noticed the parking lot, but I did go and walk the area and I discovered that we do not have any curb handicap ramps adjacent to the church. The only ramps are driveways that open into the mid-street not at the corners. Mayor King: Anyone else go to that facility? Councilwoman McNeill: I would like to say that all of these things... Mayor King: Excuse me, Mrs. McNeill, at this point, did you go to the facility? We need that for the record. Councilwoman McNeill: Yes, I went to the facility. And I can't say that you were... Mayor King: No. What we need for the record, what you found at the facility. What was your understanding or impression. Councilwoman McNeill: If you will give me a chance, Mr. Mayor, I will tell you what my impression was. Mayor King: questions... Well, you started to ask him Councilwoman McNeill: about to ask him a question. impression of the facility. Mayor King: Thank you. No, I did not. I wasn't I was about to tell you my Councilwoman McNeill: The facility impressive. But the things that they many of us, or to all of us, would seem doing nothing. But to these people mentality. They were retarded people. wasn't anything were doing, to as if they were with very low They were putting rings on a stick. that was great, because they were able to that was about all they were able to do. They thought do that and I think if people can meet with these people and teach them to do something with their minds. To be able to improve a mind j ust a 1 ittle bit is a great accomplishment. I think that the psychologistsin our government have come up with ideas to improve retarded people. A great interest was created in retarded people in the Kennedy family back there. And a lot of money has been directed in the that direction. I don't think we can have too many facilities for these people. I think the idea of letting them go out of the facility they live in and sleep in, eat in and letting them go out in the community and see what the world is all about can be a good thing. You've been told what the people are like and you've been told what's trying to be done for them. Some can learn little bit. Some can learn a little bit more. But the more they learn, if it's a little bit or a big bit, it helps them. BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"PUBLIC HEARING CP-475 SEPTEMBER 7, 1988 PAGE TWENTY-SEVEN And while I'm talking I would just like to say, that to allow this project to be held in Baldwin Park will be of no financial responsibility to the City at all. It has to be in confonnance with City's standards and the goals and objectives of the General Plan. The problem of repairs needed in the church parking lot will be taken care of by the church, according to Reverend Calma, the pastor. The proposed construction in the City should cause no more danger to these people than it would to other citizens in the City. It is the responsibility of the developer that the area around his project is free of danger. First of all, there should not be any tresspassing anyway. There are sufficient ramps in downtown and shopping areas to provide admittance to the stores and restaurants and what not. I rode all over the City and retraced my steps from the church to Alpha Beta Shopping Center and there were all kinds of ramps that you could roll wheel chairs down the sidewalks and down these ramps to comfortably get from the church to any shopping area that you wanted to. The training and therapy may not have been impressive at the sites visited to some, but to these people who were receiving it I think it made a lot of difference in their life style. If a mind can be made to function in a small way even with a little love and attention let's give these lives a boost and vote yes. The facts that we find was that the site for the proposed use is: adequate in size and shape to accomodate such a use as the site will be developed as shown in confonnance with City standards; that the site has sufficient access to streets and highways, adequate in width and pavement to handle the quantity and quality of traffic generated by the proposed use, as the church has access to Maine Avenue; that the proposed use will not generate any significant traffic or noise impact; that the proposed use will be in conformance with the General Plan meeting the City's goals. I feel that we have no reason in the world to deny these people a chance to live a little bit, Mayor King: Mr. Woods, would you, I don't think I made myself clear. And sir Mr. Spoelstra) you may sit down. If the Council wishes we'll ask you. I'm sorry to have kept you. Mr. Woods would you please phrase that for us. City Attorney Woods: Thank you, Mr. Mayor. This is a public hearing. It is an evidentiary hearing. And it was stated this evening that several of the Councilmembers visited the site. And to be certain that all the Councilmembers have the benefit of the impressions of those who actually visited the site, I suggested that the Councilmembers who did this at the site, state for the record what their impressions were. And so at this point, merely for the record, I would ask that if any of the other Councilmembers did make any physical impressions or take any viewpoints of the site, that they state that for the record before the Public Hearing is closed. Mayor King: Is that all you had, Mrs. McNeill, with respect to the relevance of the site? CITY ATTORNEY CLARIFICA- TION BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV"PUBLIC HEARING CP-475 SEPTEMBER 7, 1988 PAGE TWENTY-EIGHT Councilwoman McNeill: My impression of the site that we visited was that the people there, no, they would not respond to a siren, because they were not of that mentality. But, Mr. Spoelstra explained to us that they were being supervised and they had fire drill once a month and the people were taught how to take them out in case of fire. They had good supervision. Everybody had something they were working on at the table and everybody seemed to be happy. They had a few problems that were occurring among the clients. You expected that, in that type of situation. But my impression as a whole, it was a good thing. Mayor King: So the facility itself, Mrs. McNeill, was. Councilwoman McNeill: Well worth the effort. Mayor King; In other words you felt that the parking lot was fine, the striping, etc. You didn't feel... Councilwoman McNeill: You mean the one here. Mayor King: Yes, right here in Baldwin Park). Councilwoman McNeill: I saw what was needed there, but I had also read the letter that had been written and I saw the plans that were planned to be done over there. So I'm satisfied with that knowing what was going to be done. I know that would take care of everything over there. Councilman Gibson: I had the opportunity to walk around the facility this morning/ about 6:45, I found there was a lot of traffic being generated in the area so I was not able to look at the traffic and any impact it may have had. I would assume that the church could have as much or more traffic, however concentrated mainly on the weekends. The facility itself, again not being able to tour the interior building, seemed to be adequate for what you're proposing. However the site, as has already been noted, is in need of some caretaking of the grounds, etc, and possibly some added things that were not included in the report. Such as, maybe, larger fences or something around the playground area. That's, as far as the facility, that's what I noted. Mayor King: So you feel containment also. Councilman Gibson: Yes. Councilman Izell: As most of you remember, two weeks ago at the Council meeting, I was ready to vote to accept the facility at the church. I've been at the church many times and I think the facility is adequate. The parking lot does need some work. But one of the things that has come to my attention in the second public hearing, the second night that we've talked about this. The first night, I believe, we had one lady from the area that objected and there was a little attitude of apathy on the whole congregation that night, if I use church terms. It's usually my contention that I vote with churches on most every question that comes up. And I'd BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV "PUBLIC HEARING CP-475 SEPTEMBER 7, 1988 PAGE TWENTY-NINE like to do that tonight, but the thing that bothers me tonight is that those kids can only walk two or three blocks. If they can only walk two or three blocks it means they are going to be walking on the same two or three blocks all the time. So I'm going to have a little problem with my decision tonight. And just for my own personal... there's one word that I hate in the English language worse than anything else and that's, appalled". Mayor King other questions else. Is there At this point in time, if there's no by Council of Mr. Spoelstra or anyone any? If not, I will close the hearing. Before us. Council, we have two resolutions. Councilman Gibson: Mayor King. I would like to MOTION make a motion, and after a second, I'd like to add some FOR discussion to it. My motion is that we uphold the DENIAL denial of the Conditional Use Permit by the Planning Commission. Mayor King: In other works you're approving 88-84, a resolution of the City of Baldwin Park denying. Councilman Gibson: Yes. Mayor King: Do we have a second. Councilwoman Lowes: You're upholding the Planning Commission's decision. Mayor King: In denial. Yes. Councilman Gibson: Yes. Councilwoman Lowes: Then I'll second. Mayor King: Resolution 88-84, I have a motion, Mr. Gibson. Second by Mrs. Lowes. Councilman Gibson: I've had opportunity, again, like I said to walk around the site not knowing what the interior of the building looks like. I've taken all the testimony we've had at the last two meetings. I've taken the testimony we've had tonight. And I think I'm a little biased at the meeting, last, and the way it was presented, the way it came about that there was a lot of people, a lot of people involved who seemed to be going back and forth and saying what it would be and what it would not be. I asked it to be clarified tonight Some were in favor of the project. Some were not in favor of the project. DISCUSSION Some of the items that were included in the agenda packet for tonight included numerous day schedules, activities schedules. Mountain View Developmental Center and are some examples. It shows that from a thirty hour week, it shows that at the outmost, at the very outmost, three hours of community involvement, community integration, these are the things that are handled by Golden State facility. Th Golden State facility in addition to Carl's Jrs., the Wiernerschnitzel, that the three hours of, community integration in accomplished in Golden State. facility. the bus routes. I believe we're talking about the these proj ects, can be Or from the Golden State I'm looking at some of the other activitiesas far as bed making, music appreciation, arts and crafts, BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV!"PUBLIC HEARING CP-475 SEPTEMBER 7, 1988 PAGE THIRTY leisure time, books, magazines, tapes. And these things are just as well met in the facility where they are without having to transport the clients or having to have them become involved in the downtown area. I believe that in spite of the findings of fact for approval or denial that are included in the packet which say that the proposed site is adequate in size and shape. I think that it is adequate in size and shape but not location. And I do not believe that it would be in accordance with what we are looking for as the goals and objectives of the City's standards as far as the downtown area, the Civic Center area. The question was brought up as to the rights of the client. I believe that due to the facilities that we do have in Baldwin Park the rights of the clients are being served. They're being provided for. Testimony of the relatives of these clients indicate that they're now living in Baldwin Park. That Baldwin Park is taking from other areas and allowing these people to learn to go school, whether it be on site school. With that I'm torn quite a bit as far as the fact that this is a business decision. It's a decision that I've been a little bit naive and maybe I've insulated myself from some of these people. I had the fortunate or unfortunate position a few years ago of being placed in, by the fact that my son, I was told, was not in a, that he would have brain problems and would not be able to function. He didn't survive. So whether it's fortunate or unfortunate for me that my son didn't live, I believe that the love and the care of that the families of these people and the people that work with them are able to give them is such that they are fortunate and you're fortunate being able to associate with them and give them that tender loving care that's been talked about this evening. So that's my reasoning. That's my basis and my decision is going to be with the motion that I made. Mayor King: I think I've pretty well explained my MINUTE points of view. Madame Clerk, for the record, this will MOTION be a minute motion. And we would instruct the City Attorney to bring this back to us, if it passes, at the next meeting with the findings that the Council has delineated in their dissertation on this subject. Is that clear to the City Clerk)? City Clerk: Yes. Councilman Izell: Just one other comment I'd like to make about the foot traffic around the facility. We have three doctors and two lawyers in the same block with this and they all create a lot of foot traffic. So, this is what's really changed my decision tonight and I'll vote with Mr. Gibson. Mayor King: We will have a roll call on this even though it's a minute motion. I don't feel that we're all in agreement here. BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 09 07 CC MIN;¢f4ÁV""PUBLIC HEARING CP-475 SEPTEMBER 7, 1988 PAGE THIRTY-ONE City Clerk Gair: GIBSON, AYE LOWES, AYE IZELL, AYE MCNEILL, NO KING, AYE ROLL CALL VOTE DENIAL APPROVED Mayor King: So ordered. So the City Attorney will COUNCIL bring this back to Council with respect to the items INSTRUC- delineated by Council. TIONS y. / J^^ TODAL. G^CIR/ CITY CLERK CITY OF BALDWIN PARK BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 "PUBLIC HEARING CP-475 it had to be just so. He had better table manners, he was capable of dressing himself and doing basic chores. Also/ we noticed a difference he had learned to appreciate music. He was, as I said last time, he was about like a bright two or three year old child would be. And if you think these schools are just places where they spend their time or whatever, they are taught. And believe me they do respond. It's difficult to teach them of course. They can't learn quickly. That's one of their disabilities. But they are given love and attention and they are taught because there is such a ratio of, not one on one, but one to two or three. They really are worthwhile and I hope that you approve this. I don't know of anyone now in need of it but I know that there is a need and it does a great deal of good. Thank you for your time and attention. Russ Barnsdale: My name is Russ Barnsdale. I live at 22900 Burbank Blvd., Woodland Hills, that's in Los Angeles. I have a brother currently residing at Golden State Convalescent Hospital. My brother wouldn't be eligible because of his retardation, I don't believe for this opportunity, but I do want to express my concern and hope that you will possibly reconsider the situation in that there's a lot of people in the facility, and I do spend a great deal of time there, that could benefit greatly by such an opportunity like this. To be able to get out into the community and change their life style just a little bit and get away from the facility they actually live in. I think that there is a lot of them that are able to benefit greatly by this set up if it's accepted. I thank you. Nancy Mederus: I hesitated because I wanted to make sure that everybody who lived in Baldwin Park had their chance first. My name is Nancy Mederus and I live at 13235 Hartsville Street in La Puente. I am the mother of a 31 year old developmentally disabled daughter who attends San Gabriel Training Center for the last seven years. I have spent those 31 years of my adult life raising my daughter and advocating for the developmentally disabled of various age levels and abilities. For two years I had a Camp Fire group for the retarded. So that I could create a peer group for my daughter. It was very rewarding and very educational to me. I found that it was a very enjoyable experience working with what used to be called the retarded. They are now called the developmentally disabled. Which takes in a broader range including cerebral palsy, autism, and so on. In response to the article, in reference to the application for the child care center Conditional Use Permit. I would like to express my concern for every consideration for a quality program for the clients who live in your community. I commend the community of Baldwin Park knowing that over the last several years Baldwin Park has been receptive to the developmentally disabled by the nature of the nine facilities that are in your community. I personally have worked in them through substituting for the Baldwin Park Adult School program. I saw some good and I saw some bad. I have seen clients on the streets unsupervised and I have been concerned. BIB] 37651-U01 1988-U02 09-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9365-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04