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HomeMy WebLinkAbout1985 07 03 CC MIN1985 07 03 CC MIN;¢f4ÂëREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVENUE, MONDAY, JULY 3, 1985 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 Gibson. Councilman King led the Flag Salute. INVOCATION FLAG SALUTE ROLL CALL PRESENT: COUNCILMEN GIBSON, KING, ROLL CALL MCNEILL AND MAYOR PRO TEM IZELL ALSO PRESENT: City Manager Webb, Acting City Attorney Kaufman, Acting Dir. of Admin. Serv. Neelans, Dir. of Comrn. Serv. Smith, Dir. of Housing & Economic Dev. Hemer, Chief of Police Snowden, Acting Fire Chief Burkhart, City Librarian Morris, and City Clerk Gair 00- The absences of Mayor White and City Treasurer Montenegro ABSENCES were automatically excused. EXCUSED 00- City Clerk Gair presented the Consent Calendar: 1. Approve Minutes of June 19, 1985 CONSENT CALENDAR 2. Waive Further Reading and Adopt RESOLUTION NO. 85-49 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK Waive Further Reading ORDINANCE NO. 900 Second Reading) Waive Further Reading ORDINANCE NO. 901 Second Reading) Waive Further Reading ORDINANCE NO. 902 Second Reading) and Adopt APPROVING A CHANGE OF ZONE FROM R-l TO ZONE R-l PD) APPLICANT: ROSS SANGER; CASE NO. 2-452; LOCATION 13176 MONTEREY AVENUE) and Adopt ADOPTING CERTAIN REGULATIONS APPLICABLE TO SUBDIVISION SIGNS CASE NO. AZC-96) and Adopt AMENDING THE BALDWIN PARK ZONING CODE RELATING TO R-G AND R-3 ZONE REGULATIONS AZC-97) Waive Further Reading and Introduce ORDINANCE NO. 903 ADOPTING CERTAIN UNIFORM First Reading) CODES BIB] 37652-U01 1985-U02 07-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9429-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 07 03 CC MIN;¢f4ÂëREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK JULY 3, 1985 PAGE TWO 7. 8. 9. 10. 11. 12. Waive Further Reading and Adopt RESOLUTION NO. 85-50 FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT Deny Claims Against the City Automobile Club of Southern California Agnes Benefiel) General Telephone Approve Acquisition of Property 4124 Robin Avenue for Future Morgan Park Expansion Approve 1985-86 Agreement Unified School District City/Baldwin Park Approve 1985-86 Maintenance Agreements Approve Change Order CIP 211A Morgan Park Improvements CONSENT CALENDAR CON'T) Mayor pro tern Izell and Councilman King requested that Item No. 5 of the Consent Calendar be pulled. It was moved and seconded to approve Items No. 1-4 and 6-12. M/S/C: GIBSON/KING. There were no objections. Councilman King requested that Ordinance No. 902 Item No. 5) allow for washers and dryers in the units to create a better living environment. Mayor pro tern Izell stated that public input would be allowed regarding this item and invited those wishing to speak to come forward. Claude Delgado, District Manager/ Southern California Gas Company, 818) 443-4063, stated that the Gas Company is concerned about what the wording might be to this Ordinance relating to forced air unit requirements. He requested a meeting with the Council or City Planner to discuss this. He also stated that they were concerned about the economical use and the efficiency of proper appliances and if the forced heating relates to central forced air with a duct system or individual room heaters Councilman King requested that the Ordinance be certain to state forced air central". Mayor pro tern Izell pointed out the problems regarding the 18,000 BTU re- quirement for a one bedroom unit and the smallest unit manufactured being 30,000 and this makes it impossible to meet Federal Energy Standards. Council further discussed thermastatically controlled forced air units, the even distribution of heat and ventilation problems with individual room heaters. Mayor pro tern Izell suggested that Item No. 5 be held over for two weeks and that Mr. Delgado meet with Staff regarding the concerns that he has. 00- Mayor White was present at 7:20 p.m. 00- ITEM NO. 5 PULLED ITEMS NO. 1-4, 6-12 APPROVED COUNCIL DISCUS- SION PUBLIC INPUT ALLOWED CLAUDE DELGADO, SO. CA. GAS CO. ITEM NO 5 HELD OVER MAYOR PRESENT BIB] 37652-U01 1985-U02 07-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9429-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 07 03 CC MIN;¢f4ÂëREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK JULY 3, 1985 PAGE THREE REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES Mayor pro tern Izell stated that the Evaluation of of Traffic Problem at Egil Avenue and Mangum Street" would be heard out of order on the Agenda. Director of Community Services Smith explained the design of Egil and Mangum streets and the property damage related to traffic accidents at the knuckle" where these two streets intersect. In response to citizens' complaints a study was conducted to eval- uate possible solutions to the apparent traffic problems. The six alternatives and recommendations were: 1) No action; 2) Enforcement; 3) Realignment 4) Additional marking; 5) Speed bumps; and 6) Street Closure. Staff recommends that authorization be given for a trial closure of Mangum at Emery Avenue subject to review and approval by the Baldwin Park Police Department and L.A. County Fire Department. Mayor White declared a limited Oral Communications Open, for the single purpose of speaking to the issue of Egil and Mangum streets, and invited those wishing to speak to come forward. Those speaking against the closing of Egil Avenue because of the inconvenience, making access for the police and paramedics difficult, no one ever injured or killed, and not wishing to live on a blocked street were; Harry Huff, 3558 Athol. Matt Moranich, 3550 Mangum. EGIL/ MANGUM STAFF REPORT- SMITH ORAL COMMUNI- CATIONS IN OPPO- SITION TO STREET CLOSURE HARRY HUFF MATT MORANICH Mrs. Bryant, resident of Mangum Street Those speaking in favor of the street closure because of the traffic accidents, speeding on the street, damage to landscaping and property from the accidents, and fear for the safety of children to play outdoors were: Victor Orosco, resident of Egil Avenue. Simon Casas, 13129 Egil Avenue. Irene Orosco, 13133 Egil Avenue. Gary Castillo, 13123 Egil Avenue. Mrs, Garrison, 13126 Egil Avenue. Michelle Casas, 13129 Egil Avenue. Mayor White declared the limited Oral Communications Closed. Council discussed the speeding problem that exists on these streets, the markings that are already in place on the streets, having to act in favor of those most affected rather than the majority, and the liability IN FAVOR OF STREET CLOSURE VICTOR OROSCO SIMON CASAS IRENE OROSCO GARY CASTILLO MRS. GARRISON MICHELLE CASAS ORAL COMM. CLOSED COUNCIL DISCUSSION BIB] 37652-U01 1985-U02 07-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9429-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 07 03 CC MIN;¢f4ÂëREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK JULY 3, 1985 PAGE FOUR of the City should injuries occur with and without a barricade being erected. Councilman Izell and Mayor White did not feel that a barricade was the answer to the problem and pre- ferred that the speeders be stopped and more police enforcement be used to correct the situation. Councilmen Gibson, King and McNeill felt that the barricade was the most viable answer at this time and did not feel the police could spend the neces- sary time in a single area for the control needed. In response to Council's questions Director of Commu- nity Services Smith stated that the cost of erecting a barrier would be about $700-$1000 to purchase the materials and that six months to a year would give an idea of the effectiveness of the barrier. He told of the test drives that were made in the area and the difficulty in negotiating the turn in the street at 25 m.p.h. City Attorney Kaufman explained that if someone hits the barrier, provided that it is properly signed, and the barrier is a recognizable engineering design the liability of the City would be no greater than on any other cul-de-sac in the City. If the City does nothing, and there is an injury, the monetary outlet the City would have to put out would be extensive if the City were named. It was moved and seconded to approve Alternative 6 and close Mangum Street at Emery Avenue and install a barricade which is to be evaluated and monitored for one year. M/S: KING/MCNEILL. ROLL CALL VOTE: ROLL CALL VOTE KING, MCNEILL, GIBS ON AYES: NOES: I2ELL AND MAYOR WHITE ABSENT: NONE STREET CLOSURE APPROVED Assistant to the City Manager Juleff explained that cities have been requested by Supervisor Schabarum to adopt a resolution supporting the formation of a trans- portation zone steering committee to prepare for the creation of a transportation zone in the valley. There are a number of significant questions that must be answered before the cities can determine if the forma- tion of a zone would really be in the best interest of the cities and their residents. Staff is recommending that the Council adopt a resolu- tion that supports the concept of a transportation zone in the area but also spells out the City's concerns regarding unresolved issues involved. It was moved and seconded to approve Resolution No. 85-51, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SUPPORTING THE CONCEPT OF A TRANSPORTA- TION ZONE FOR THE SAN GABRIEL VALLEY". M/S/C: KING/ IZELL. There were no objections. TRANSPOR- TATION ZONE STAFF REPORT BIB] 37652-U01 1985-U02 07-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9429-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 07 03 CC MIN;¢f4ÂëREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK UNFINISHED BUSINESS JULY 3, 1985 PAGE FIVE Councilman King and McNeill stated that they would like HUMAN the opportunity to talk to the people who have applied SERVICES for the Human Services Commission opening and requested HELD OVER that this item be held over. City Manager Webb stated that the proposed Budget was PROPOSED submitted several weeks ago. Council has held a ANNUAL Public Hearing on the Budget and on Revenue Sharing BUDGET FY Funds and held a Budget Study Session. The Council has 1985-86 received a report recommending adoption of the Budget STAFF for FY 1985-86. Staff indicated previously that the REPORT Budget as submitted does not provide sufficient funding to replace General Revenue Sharing, to include patrol services or finance the labor agreement with the Public Safety Employees' Association. Recommendations were brought back to the Council on how to achieve the objectives that have been outlined. The City Clerk has a copy of the proposed Budget as revised. Staff is recommending that the Council adopt a 5% Utility Users Tax, which would raise the funds re- quired to replace G.R.S./ add seven positions to the police department and pay the incremental cost of the labor agreement. The Utility Tax would provide for exemptions for senior citizens, low income, schools and the handicapped. Mayor White stated that the vote on the Budget for FY 1985-86 will imply that we intend to impose the Utility Users Tax and everyone should understand that very clearly. For that reason before the Budget is voted on the audience will be given a chance to speak to this issue. Mayor White declared Oral Communications Open for the limited discussion of the Budget and what the City is recommending and with the understanding that if this Budget is adopted we have to figure a way to pay for it. He invited those wishing to speak to come forward. ORAL COMMUNICA- TIONS OPEN George Lewetag, 4145 Filhurst, asked concerning what GEORGE senior citizens would be exempted, what low income refers LEWETAG to and the Utility Users Tax being unfair. Earl D. McCoy, 3961 Harlan, objected to the Utility Users EARL D. Tax because it is an enabling tax and need for it has MCCOY not been explained to the people clearly. Nick Vergot, 4213 Filhurst, spoke concerning the increase NICK in cost and personnel the Utility Tax will impose upon VERGOT the Valley View Water District. He also asked if the refuse company is considered a utility. Mayor White declared Oral Communications Closed. CLOSED Councilman King stated the this City Council and Staff COUNCIL has used prudent judgement in their spending habits COMMENTS and with the number of employees that the City has, but we have stretched our police force to the limit in trying to stay ahead of the money situation. He explained that the City must offset the loss of G.R.S. until the tax base of the City is increased by the new facilities that are on line. He felt he has a responsibility to see that there is pro- tection for the people and the Utility User Tax will BIB] 37652-U01 1985-U02 07-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9429-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 07 03 CC MIN;¢f4ÂëREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK JULY 3, 1985 PAGE SIX provide this and it is equitable. He stated that at the public hearing two weeks ago that the people have the opportunity to call if they have a better solution, and not one person called. He expressed his hope that City's tax base will increase and the Utility Tax can be reduced or dropped. Councilman Izell referred to his conservative voting record on the Council, but stated that he was committed to vote for the Utility Tax because the City has to have new policemen. Councilman Gibson moved that the Proposed Annual Budget that has been submitted, with the corrections the City Manager mentioned, and with the understanding that it is acting on the contingency of a Utility Tax, be approved. It was moved and seconded to approve Resolution No. 85-52, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET FOR THE CITY OF BALDWIN PARK FOR THE FISCAL YEAR COMMENCING JULY 1, 1985 AND ENDING JUNE 30, 1985 M/S: GIBSON/KING ROLL CALL VOTE: ROLL CALL VOTE AYES: GIBSON, KING, IZELL, MCNEILL AND MAYOR WHITE NOES: NONE_____________________________________ ABSENT: NONE RESOLUTION NO. 85-52 APPROVED Mayor White stated that Council listens to and appreci- ates the comments that were made. The Council does not have a lot of choice in this matter. The City either raises the money or cuts services to a dangerous level. This tax is not open ended, a blank check. We can stop it at anytime. The Council was elected to exercise their best judgment and he believed the critics would come up with the same findings if they studied the issues. He further stated the need for a police contract and that the Utility Tax can be wiped out with an increased tax base. 00 PUBLIC HEARING Mayor White introduced the Public Hearing on The intent of the City Council to provide for the annual levy and collection of assessments for certain land- scaping and lighting in an existing maintenance dis- trict. Continued from June 19, 1985)". Mayor White declared the Public Hearing Open on the landscaping and lighting district and invited those wishing to speak to come forward. Joan Wright, 3915 Grace, asked regarding the area this district covers and if it covers condos. Director of Community Services Smith explained that the proceeds from the district are used for the mainte- nance in parks and open space and that condos pay a separate fee which is three to four times the rate every one else pays. PUBLIC HEARING LANDSCAPE & LIGHTING INTRODUCE PUBLIC HEARING OPEN JOAN WRIGHT BIB] 37652-U01 1985-U02 07-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9429-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 07 03 CC MIN;¢f4ÂëTHE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK JULY 3, 1985 PAGE SEVEN It was moved and seconded to approve Resolution No. 85-53, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE CITY OF BALDWIN PARK ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN LANDSCAPING AND LIGHTING IN AN EXISTING MAINTENANCE DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR THE FISCAL YEAR 1985-1986". 00- NEW BUSINESS RESOLUTION NO. 85-53 APPROVED Director of Community Services Smith explained that the Council is being asked to approve a five year Capital Improvement Program. This program represents a projec- tion of major infrastructure and community improvement activities. The update and implementation of the CIP is an ongoing effort and revisions may be expected to this program as new information becomes available. It was moved and seconded to approve the Capital Improve- ment Program as submitted. M/S/C: GIBSON/IZELL. there were no objections. Councilman King referred to the information sent from Mayor Bradley regarding apartheid. He requested that a resolution be drafted to reflect the Council's feelings toward South Africa. Councilman Gibson explained that he could no longer serve as one of the representative's for the Mid-Valley Manpower because of a new job he has accepted. He stated that Councilman Izell is willing to serve in his place. It was moved and seconded that Councilman Gibson be relieved of his responsibilty as Mid-Valley Manpower representative and Councilman Izell be appointed to that position. M/S/C: GIBSON/MCNEILL. There were no objections. 00- The regular meeting of the City Council was recessed at 9:01 p.m. The regular meeting of the City Council was reconvened at 9:20 p.m. Roll Call remained the same. CIP STAFF REPORT CIP APPROVED RESOLUTION REQUESTED REQUEST FOR MID- VALLEY CHANGE I2ELL APPOINTED TO MID- VALLEY MEETING RECESSED 9:01 P.M. RECONVENES 9:20 P.M. Director of Housing and Econ. Development Hemer said, the Redevelopment Agency has approved the acquisition agreement for property within the Puente-Merced Rede- velopment Project. It is recommended that the City Council: 1) Accept the loan terms offered by Golden State Sanwa Bank for a loan in the amount of $350,000; 2) Authorize the transfer of the loan proceeds to the Redevelopment Agency: and 3) Authorize the City Manager to execute all necessary loan documents. It was moved and seconded to approve the above Staff recommendation regarding the property acquisition. M/S/C: GIBSON/KING. There were no objections. ACCEPTANCE OF LOAN TERMS STAFF REPORT LOAN TERMS APPROVED THE REGULAR MEETING OF THE CITY COUNCIL JULY 3, 1985 BIB] 37652-U01 1985-U02 07-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9429-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 07 03 CC MIN;¢f4ÂëOF THE CITY OF BALDWIN PARK PAGE EIGHT It was moved and seconded to adjourn to a Closed Session to consider employee negotiations at 9:21 p.m. M/S/C: KING/MCNEILL. There were no objections. The regular session of the City Council reconvened at 9;37 p.m. Roll Call remained the same. Mayor White stated that in Closed Session the Council discussed employee negotiations and the following actions would be taken. It was moved and seconded to approve the 1985-86 Memorandum of Understanding with the Baldwin Park Public Safety Employees Association". M/S/C: GIBSON/IZELL. There were no objections. It was moved and seconded to approve Resolution No. 85-54, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING A BASIC SALARY PLAN CLASSIFIED SERVICE SWORN AND NON-SWORN SAFETY)". M/S/C; KING/MCNEILL. There were no objections. It was moved and seconded to approve Resolution No. 85-55, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 85-47 ADOPTING A BASIC SALARY PLAN CLASSIFIED SERVICE MANAGEMENT)". M/S/C: IZELL/GIBSON. There were no objections. It was moved and seconded to approve the 1985-86 Employment Agreement with the Baldwin Park Executive Employees. M/S/C: KING/GIBSON. There were no objections It was moved and seconded to approve Resolution No. 85-56, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING A BASIC SALARY PLAN UNCLASSIFIED SERVICE POSITIONS)". M/S/C: KING/ MCNEILL. There were no objections. 00- Mayor White declared Oral Communications Open and invited those wishing to speak to come forward. Roy Test, 15115 Kenoak, spoke regarding the outdoor noise near his home and the request that he made with Code Enforcement for this to be corrected. Nothing has been done to date. He asked Council consideration of a noise ordinance. Council discussed noise ordinances and requested Staff to draft an ordinance that would control the times for starting and stopping noise related work. George Lewetag, resident, asked regarding openings for fireworks boothes. Mayor White declared Oral Communications closed. 00- It was moved and seconded to adjourn the regular meeting of the City Council at 9:50 p.m. M/S/C: MCNEILL/GIBSON. There were no objections. CLOSED SESSION 9:21 P.M. RECONVENES 9:37 P.M. M.O.U. APPROVED RESOLUTION NO. 85-54 APPROVED RESOLUTION NO. 85-55 APPROVED M.O.U. APPROVED RESOLUTION NO. 85-56 APPROVED ORAL COM- MUNICATION OPEN ROY TEST NOISE ORDINANCE REQUESTED GEORGE LEWETAG CLOSED MEETING ADJOURNED 9:50 P.M. LWDA L. / GAJK, CITY CLERK BIB] 37652-U01 1985-U02 07-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9429-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06