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Home My WebLink About1984 04 18 CC MIN1984 04 18 CC MIN;¢f4Ä·peREGULAR MHETING OF IHE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVENUE, WEDNESDAY, APRIL 18, 1984 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. The Invocation was given by Councilman Izell. The Flag Salute was led by Councilman Gibson. ROLL CALL: PRESENT: COUNCILMEN GIBSON, IZELL, KING, McNEILL AND MAYOR WHITE ALSO PRESENT: City Manager Wcbb, City Attorney Flandrick, Acting Dir. of Admin. Serv. Cole, Dir. of Comm. Serv. Smith, Dir. of Housing Economic Dev. Homer, Chief of Police Snowden, City Librarian Morris and City Clerk Gair City Treasurer Montenegro^ absence was automatically excused. 00- City Clerk Gair presented the Consent Calendar: 1. Approve Minutes of April 4, 1984 PULLED) 2. Receive and File Treasurer's Report March 31, 1984 3. Waive Further Reading and Adopt RESOLUTION NO. 84-31 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Deny Claim Against the City Frank Monarque 5. Waive Further Reading and Adopt RESOLUTION NO. 84-32 APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROPERTI-Z*BERG URBAN OPEN- SPACE AND RECREATION PROGRAM FOR WALNUT CREEK NATURE PARK 6. Waive Further Reading and Adopt RESOLUTION NO. 84-33 DECLARING ITS INTENTION TO VACATE A STREET EASEMENT RELATING TO 4832 THROUGH 4942 NORTH LANTE STREET 84-V-3) 7. Final Approval Tract Map No. 42978 &» Final Approval Tract.Map No. 43122 9. Approve Agreement CALTRANS C.I.P. No. 212 Traffic Signal Controller Equipment Testing Services 10. Approve Agreement Suburban Water Systems Emergency Use of Offsite Computer Systems INVOCATION FLAG SALUTE ROLL CALL ABSENCE EXCUSED CONSENT CALENDAR BIB] 37655-U01 1984-U02 04-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9487-U03 DO9513-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1984 04 18 CC MIN;¢f4Ä·peREGULAR MEETING OF THE CITY COUNCIL OF TIE CITY OF BALDWIN PARK APRIL 18, 1984 PAGE WO 11. Approve Amendment to Agreement Shoppers Shuttle Service 12. Award Bid Demolition, Cleanup and Leveling of 3202 Puente Avenue and 4733 Center Street Councilman Gibson asked regarding Item No. 10 if there is to be a charge made for computer time with Suburban Water Systems. City Manager Wcbb explained that there would be a charge for exact time and the agreement is reciprocal. It was moved and seconded to approve the Consent Calendar as presented. M/S/C: IZELL/McNEILL. There were no objections. REPORTS OF OFFICERS, COMMISSIONS, COMMITTEES City Manager Webb ex-plained that East San Gabriel Valley Cities have participated in a transit needs study, funded by Proposition A Funds. The draft report will be presented next Wednesday, April 25, before City Managers and two City Councilman from each city. Council needs to appoint two members from the City Council to represent Baldwin Park. Mayor White asked Councilman McNcill to serve because of his past involvement in this. Councilman McNeill agreed for this temporary position. Councilman King offered to serve if he has no conflict on the 25th with his Coastal Conmission meeting. 00- Chief of Police Snowden gave a report to Council regarding the ordinance relating to the possession and enforcement of opened alcoholic beverage containers on posted premises. He explained the difficulty of police enforcement of this in areas immediately adjacent to retail stores. He also explained that Section 647e added to the Penal Code would authorize a city to control this problem, by ordinance, on posted premises". Staff recommends City Council adopt this Ordinance relating to possession of opened alcoholic beverage containers. Chief Snowden introduced Carl Faletta of the El Monte office of Alcoholic Beverage Control ABC) to explain current laws. Mr. Faletta stated that as an ABC administrator he is in favor of this type of Ordinance and that it is a tool for the police department and ABC to eliminate the problem. He encouraged Council to enact more stringent zoning codes to gain control of the issuance of licenses. Licenses once issued are difficult to revoke. Council discussed with Mr. Faletta the possible problem in requiring Conditional Use Permits that look like you're limiting in a area that is the state*s perogative. City must establish an incompatible use or health and safety problem. Mr. Faletta explained that cities have solved this by combining an alcoholic beverage use with other uses that require a Conditional Use Permit. By not relating an ordinance specifically to alcoholic beverages no constitutional challenges have been made. Also discussed was the ratio of liquor stores to population numbers. And the number of licenses revoked by ABC. It was moved and seconded to approve Ordinance No. 872 AMENDING THE MUNICIPAL CODE RELATING TO ALCOHOLIC BEVERAGE CONTAINERS." M/S/C: IZELL/GIBSON. There were no objections. Director of Community Services Smith explained the appeal before Council, regarding property located at 12793 E, Garvcy, ITEM NO. 10 DISCUSSED CONSENT CALENDAR APPROVED SELECTION TRANSIT NEEDS STUDY MEMBER COUNCILMEN McNEILL AND KING APPOINTED OPENED ALCOHOLIC BEVERAGES STAFF REPORT CHIEF OF POLICE CARL FALETTA ABC INTRODUCED COUNCIL DISCUSSION ORDINANCE NO. 872 APPROVED IGNA APPEAL REPORT SMITH BIB] 37655-U01 1984-U02 04-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9487-U03 DO9513-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1984 04 18 CC MIN;¢f4Ä·peREGULAR MEETING OF THL CITY COUNCIL OF THE CITY OF BALDWIN PARK APRIL 18, 1984 PAGE THREE filed by iMr. Eugene Igna. He gave the background on City denial of a Certificate of Occupancy and Fire Department requirement of installation of a new fire hydrant adjacent to the property. He outlined the options that are before Council regarding this and recommended that Council sustain the requirement for the fire hydrant. Mayor White asked Captain Horn of the Los Angeles Fire Department to speak to Council. Captain Horn explained the processes which started in February 1982, The requirement for the fire hydrant and fire flow was for public safety. In response to Council questions it was established that the requirement by the Fire Department was known from the beginning and no Certificate of Occupancy has ever been issued, Council discussed the fire flow requirements, the additional unit on the existing building and a new fire hydrant being adequate. Councilman King asked City Attorney Flandrick if Council approval of this, overriding the Fire Department demands, would make the City liable. City Attorney Flandrick responded that that would be a possibility assuming an injury due to lack of fire flow. There would be some emmunities, whether they would extend this far is a significant question. Mr. Eugene Igna, property owner, explained his problems with the Fire Department in obtaining access to the files relating to this property. He requested more time in order to do this. He also gave a background on this property and the area around it. He expressed his feelings of not being dealt with fairly. He listed several situations in the City he felt were not required to do as he is being required. City Attorney Flandrick stated to Council that the question before Council tonight pertains only to whether the Fire Department made a reasonable interpretation of the code in light of the property development, if so they should approve Staff recommendation. If this is not reasonable, they should over rule it. After further discussion relating to Fire Department information regarding files and memos it was moved and seconded that the requirement for a fire hydrant by the Fire Department be sustained and the appeal be denied. M/S/C: IZELL/KING. There were no objections. Councilman Izell asked Captain Horn regarding the statement in a letter saying, this department chose not to process the plans". Captain Horn explained the intent of this. Director of Housing and Economic Development Hemer explained the purpose for obtaining the CDBG funding and the activities that will benefit from this funding. He presented the summary of the 10th year program as listed in his staff report. It was moved and seconded to approve the proposed statement as submitted or modified, including HUD*s request, as the Final Statement of Community Development Objectives and Use of Funds for the 10th Year Community Development Block Grant Entitlement Program, and authorize the City Manager to execute any and all necessary applications and documents on behalf of the City for the purpose of obtaining CDBG funds. Additionally Council makes the following declarations relative to this program: 1) That the activities contemplated under the economic development aspect are necessary and are appropriate to carry out the community development plan, including the Downtown Land Acquisition Program, the Downtown Commercial Improvement Program and the Maine Avenue renovation program; 2) That the existence of graffitti constitutes a blighted condition anywhere in the City and the removal is necessary and appropriate to prevent slums and blight. M/S/C: CAPTAIN HORN LOS ANGELES FIRE DEPARTMENT COUNCIL DISCUSSION EUGENE IGNA MOTION TO SUSTAIN FIRE DEPARTMENT REQUIREMENT APPROVED STAFF RETORT CDBG ENTITLEMENT PROGRAM HEMER MOTION TO APPROVE CDBG FUNDS AND DECLARATIONS BIB] 37655-U01 1984-U02 04-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9487-U03 DO9513-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1984 04 18 CC MIN;¢f4Ä·peREGULAR MEETING OF TIE CITY COUNCIL OF THE CITY OF BALDWIN PARK APRIL 18, 1984 PAGE FOUR Councilman King reported on the April 17th meeting of the Ad Hoc Committee. He summarized the discussions held and the action taken to Council. The Ad Hoc Committee unanimously endorsed all Conditional Use Permit requests being heard directly by the Planning Commission. Also endorsed being heard before the Planning Commission was zone variances sought in conjunction with a Conditional Use Permit and variances seeking relief from requirements of Chapter 17.32. Processing changes proposed and endorsed by the Committee were explained by Councilman King. He also told of the reservations raised concerning the review of projects of ten or more units by Council and the Planning Commission due to delays. Council discussed holding the recommendations outlined until the committee has finished with this study. Council- man McNeill spoke of his concern for their being too many condominiums being built. He felt too many are not sold and asked about the 20^ figure in development of Condos. Council discussed putting a cap on condo development, a moratorium on condo building, a change in the General Plan, down zoning and the impact of R3 rental units on neighborhoods Council agreed to discuss this and possibly take action on a moratorium at the next Council Meeting. Councilman King stated he would bring up the concerns of Council at next Tuesday^s Ad Hoc Committee Meeting. Councilman McNeill asked the City Attorney to investigate some type of noise ordinance for Council review. 00- Mayor White declared Oral Communications open and invited those wishing to speak to come forward. Maria Sanchcz, 3512 Millbury, spoke concerning a problem with a police officer in a confrontation affecting her son. Mayor White explained that the School District and Police Department were investigating this. If, after the investi- gation, she is not satisfied she should come before Council. Mayor White declared Oral Communications closed. AD HOC COMMITTEE REPORT KING COUNCIL DISCUSSION NOISE ORDINANCE ORAL COMMUNICATIONS OPEN MARIA SANCHEZ ORAL COMMUNICATIONS CLOSED 00- Council adjourned to a closed session to discuss pending employee negotiations. M/S/C: IZELL/KING. There were no objections. Council reconvened at 9:03 p.m. Roll Call remained the same. 00- It was moved and seconded to adjourn the Regular Meeting of the City Council at 9:05 p.m. M/S/C: IZELL/KING. There were no objections. CLOSED SESSION 8:55 P.M. RECONVENED AT 9:03 P.M. MEETING ADJOURNED 9:05 P.M. L M^ IINDA L. G^, CITY CLERK BIB] 37655-U01 1984-U02 04-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9487-U03 DO9513-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06