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HomeMy WebLinkAbout1985 08 07 CC MIN1985 08 07 CC MIN;¢f4ÂÚREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVENUE, WEDNESDAY, AUGUST 7, 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 Izell. Councilman King led the Flag Salute. INVOCATION FLAG SALUTE ROLL CALL PRESENT: ALSO PRESENT: COUNCILMEN GIBSON, IZELL, KING MCNEILL AND MAYOR WHITE City Manager Webb, City Attorney Flandrick, Acting Dir. of Admin. Serv. Estrella, Dir. of Comm. Serv. Smith, Dir. of Housing & Economic Dev. Hemer, Chief of Police Snowden, City Planner Rangel, Fire Chief McCann, City Librarian Morris, and City Clerk Gair 00- ROLL CALL The absence of City Treasurer Montenegro was automatically excused. 00- City Clerk Gair presented the Consent Calendar: 1. Approve Minutes of July 17, 1985 and July 22, 1985 2. Receive and File Treasurer's Report / ABSENCE EXCUSED CONSENT CALENDAR 3. Waive Further Reading and Adopt RESOLUTION NO. 85-64 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Waive Further Reading ORDINANCE NO. 902 Second Reading And Adopt AMENDING THE BALDWIN PARK ZONING CODE RELATING TO R"G AND R-3 ZONE REGULATIONS 5. 6. 7. Waive Further Reading and Adopt ORDINANCE NO. 904 RELATING TO THE HOURS Second Reading) OF CONSTRUCTION Waive Further Reading and Adopt ORDINANCE NO. 906 RELATING TO PROCEDURAL Second Reading) ZONING MATTERS Waive Further Reading and Adopt RESOLUTION NO. 85-65 REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO BIB] 37652-U01 1985-U02 08-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9426-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 08 07 CC MIN;¢f4ÂÚREGULAR MEETING OF THE CITY COUNCIL OF THE CITY COUNCIL AUGUST 7, 1985 PAGE TWO ACCEPT ON BEHALF OF SAID DISTRICT, A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO. 597 IN THE CITY OF BALDWIN PARK FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF 8. Waive Further Reading and Adopt RESOLUTION NO. 85-66 APPROVING THE APPLICATION OF GRANT FUNDS UNDER THE ROBERTI-Z'BERG-HARRIS BLOCK GRANT ALLOCATION FOR WALNUT CREEK NATURE PARK 9. Waive Further Reading and Adopt RESOLUTION NO. 85-67 DECLARING THE INTENTION TO VACATE A STREET EASEMENT ADJACENT TO 3752 GRACE AVENUE 85-V-2) 10. Waive Further Reading and Adopt RESOLUTION NO. 85-68 DECLARING ITS INTENTION TO VACATE A PORTION OF LARRY AVENUE 85-V-6) 11. Waive Further Reading and Adopt RESOLUTION NO. 85-69 DECLARING ITS INTENTION TO VACATE A PORTION OF DUNDRY AVENUE 85-V-7) 12. Approve Budget Amendment Fiscal Year 1985-86 13. Approve 1985-86 Agreement City Attorney PULLED) 14. Approve NEPA Finding for Puente-Merced Redevelopment Project UDAG 15. Approve Amendment No.l to Lease Agreement for Southern California College of Optometry 16. Award Bid 72" Lawn Mower 17. Approve Agreement Cal Mat Development in Irwindale 18. Approve Agreement for Supplemental Plan Check Services 19. Award Contract Engineering Services It was moved and seconded to approve the Consent ITEMS NO. Calendar Items No. 1-12 and 14-19. M/S/C: KING/GIBSON. 1-12 AND There were no objections. 14-19 APPROVED 00- Off Calendar Item Mayor White explained the request for a budget amendment BUDGET to cover the increase in liability insurance premiums. AMENDMENT Insurance costs have increased from $37,253 for $10 million of coverage with $100,000 deductible to $175,711 BIB] 37652-U01 1985-U02 08-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9426-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 08 07 CC MIN;¢f4ÂÚREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUGUST 7, 1985 PAGE THREE for $5 million coverage with $250,000 deductible. This will require a $100,711 budget increase. Council members commented on the crisis that insurance costs cause for cities and that the bidding is not competitive because only two insurance companies are bidding. It was moved and seconded to approve a of $100,711 to pay for increased costs insurance. M/S/C: KING/IZELL. There 00- budget amendment of liability were no objections BUDGET AMENDMENT APPROVED PUBLIC HEARINGS Mayor White introduced the Public Hearing on AZC-98/ PUBLIC A City initiated request to consider an amendment HEARING to the Zoning Code of the City of Baldwin Park amending AZC-98 Section 17.10.180, Flag Lots Yard areas for flag APPROVED lots and Section 17.34.030, clarifying parking standards for flag lots". City Planner Rangel explained the concern regarding the STAFF development of flag lots. Back units on flag lots lack REPORT turn around areas and cars must back into streets. A RANGEL turn around area will allow a car to access the street in a forward direction and increase safety. Exhibit A" shows the proposed setbacks which would increase the usable open space from 15 feet to 20 feet. This was approved by the Planning Commission by a 5-0 vote. Mayor White declared the Public Hearing open on AZC-98 and invited those wishing to speak to come forward. PUBLIC HEARING OPEN AZC-98 COUNCIL DISCUSSION Councilman King recommended that a block wall be required adjacent to these properties to create a better environment. He felt that the cost would be absorbed by these lots being purchased at a lower price. In response to Councilman Izell's question City Planner Rangel stated that block walls had been suggested at the Planning Commission Meetings, but did not come as a recommendation. It was moved and seconded to approve Ordinance No. ORDINANCE 907, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY NO. 907 OF BALDWIN PARK APPROVING A ZONING CODE AMENDMENT WITH TO SECTION 17.10.180 YARD AREAS FOR FLAG LOTS AND AMENDMENT SECTION 17.34.030.6 PARKING STANDARDS FOR FLAG LOTS INCLUDING BLOCK WALLS NO HIGHER THAN SIX FEET ADJACENT TO THE PROPERTIES". M/S: KING/MCNEILL. ROLL CALL VOTE: ROLL CALL VOTE AYES NOES ABSENT: COUNCILMEN COUNCILMEN" COUNCILMEN" KING,MCNEILL GIBSON. IZELL AND MAYOR WHITE NONE MOTION NOT CARRIED Councilman Izell suggested that the Planning Commission have the opportunity to study having block walls. Councilman King felt this was very important to make the area better and would keep the City from declining in the flag lot areas. Council further discussed the fact that some people don't like block walls and upkeep of wood fences. COUNCIL DISCUSSION BIB] 37652-U01 1985-U02 08-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9426-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 08 07 CC MIN;¢f4ÂÚREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUGUST 7, 1985 PAGE FOUR It was moved and seconded to approve Ordinance No. 907, ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN NO. 907 PARK APPROVING A ZONING CODE AMENDMENT TO SECTION FIRST 17.10.180 YARD AREAS FOR FLAG LOTS AND SECTION 17.34.030.6 READING) PARKING STANDARDS FOR FLAG LOTS. APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC-98". M/S: GIBSON/IZELL. ROLL CALL VOTE: COUNCILMEN GIBSON, IZELL, MCNEILL, MAYOR WHITE AYES NOES ABSENT: COUNCILMEN KING_____________________________ COUNCILMEN NONE ROLL CALL VOTE APPROVED Mayor White introduced the Public Hearng To consider the adoption of an Ordinance to enact a Utility Users Tax". Mayor White declraed the Public Hearing open on the Utility Users Tax and invited those wishing to speak to come forward, Those persons speaking against the Utility Users Tax because this skirted the intent of Proposition 13, the tax did not require a vote of the people, and other ways should have been used to raise revenue were Lisa Keyser, 13645 Rexwood. Hank Ramey, 14903 Alvine. Helen Gibson, 13268 Francisquito. Mayor White declared the Public Hearing closed. In response to Councilman King's question City Manager Webb stated that there will be publicity in the news- papers regarding the residents who will be exempt from this tax. Information sheets will also be prepared for distribution. Councilman King explained the need the City has to provide police officers and to protect the people. The Utility Tax is the only solution to provide the revenue needed at this time. He requested people to call him if they had any other method to raise funds and no one has called. He is elected to represent the people and to work for their best interest. Councilman King moved that the Utility Tax be approved. Councilman Izell seconded the motion and also stated that in the past six months he has opposed other revenue measures that were before the Council. He was in favor of proposition 36 and is a member of the Jarvis Committee, but the City needs police and he must support this tax. Councilman McNeill requested that the Utility Ordinance be amended to 3% instead of 5%, because the extra PUBLIC HEARING INTRODUCED UTILITY USERS TAX PUBLIC HEARING OPEN LISA KEYSER HANK RAMEY HELEN GIBSON PUBLIC HEARING CLOSED COUNCIL DISCUSSION MOTION AND SECOND TO APPROVE UTILITY TAX, ORDINANCE 908 AMENDMENT REQUESTED BIB] 37652-U01 1985-U02 08-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9426-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 08 07 CC MIN;¢f4ÂÚREGULAR MEETING OF THE CITY COUNCIL OF THE CITY BALDWIN PARK AUGUST 7, 1985 PAGE FIVE percentage might be more than a person can bear. He also asked that a study be made in one year to see if its possible to eliminate the tax if we have ample income. Councilman McNeill made a motion to amend the Ordinance to a 3% tax as opposed to a 5% tax and to be in effect for one year and there will be an automatic study if needed. The motion died for lack of a second. Council discussed the need for an automatic review of the Utility Tax and for the tax to be eliminated when- ever the revenues of the City make it possible to do so. The need for police protection and decent salaries for police was explained to those present. Mayor White stated that an executive directive should be given that this tax be reviewed each year and looked into in next year*s budget. It had been moved and seconded to approve Ordinance No. 908, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING TITLE 3 OF THE BALDWIN PARK MUNICIPAL CODE BY ADDING CHAPTER 3.32 RELATING TO UTILITY USERS TAX". M/S: KING/IZELL. ROLL CALL VOTE: MCNEILL MOTION TO AMEND MOTION DIES COUNCIL DISCUSSIO EXECUTIVE DIRECTIVE FOR REVIEW MOTION ON FLOOR ROLL CALL VOTE COUNCILMEN KING, IZELL, GIBSON, MCNEILL, MAYOR WHITE COUNCILMEN NONE AYES NOES ABSENT: COUNCILMEN NONE APPROVED Mayor White introduced the Public Hearing on AV-526, An appeal of a request for zone variances from Sections 17.16.090A.2/ 17.16.090.B.1.a, 17.16.140, 17.34.210, and 17.34.220 of the Baldwin Park Municipal Code in order to allow less of a front yard area, landscaping of a parking area andnumber of loading parking spaces, on property located at 14434 Joanbridge for one year and there will be an automatic study if needed. Councilman Izell stated that he had done concrete work for Mr. Wittig in the past and he would not vote on this issue unless there was a tie. City Planner Rangel explained the applicant is request- ing several zone variances in order to legalize the addition of a storage shelter which was constructed without obtaining building permits. He outlined the variances requested and the problems that would be created if the variances are allowed. Staff does not feel the requested variances are justi- fied and recommends that the Council adopt the findings of fact as listed in the staff report and deny ZV-526. Mayor White declared the Public Hearing open on ZV-526 and invited those wishing to speak to come forward. Alfred R. Wittig, 4707 N. Edra, owner of the property, explained the problems he was having with this property due to zoning matters. He had been to the Planning Department and was not able to negotiate any compromise on the conditions being required. PUBLIC HEARING INTRODUCED ZV-526 COUNCILMAN TO ABSTAIN STAFF REPORT PUBLIC HEARING OPEN ALFRED R WITTIG BIB] 37652-U01 1985-U02 08-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9426-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 08 07 CC MIN;¢f4ÂÚREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUGUST 7, 1985 PAGE SIX He felt the most economical way to handle this situation is to remove the structure, but he is concerned with renters who need storage areas. He questioned the landscaping requirements and felt they further added to the parking problems. Gary Mague, leasee of property/ stated that the buildings were up when he came and the area has always been for storage. He inherited this problem. If the building is torn down he will have to take his business out of the City. He would like to stay. Mayor White declared the Public Hearing closed. Council discussed possible alternatives for this property with City Planner Rangel. They felt it was very difficult to deny variances when businesses are already in place, but Staff's recommendation has not been shown to be incorrect. Council expressed their intention to make things better in the City and regreted any hardships this may cause. It was moved and seconded to approve Resolution No. 85-70, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DENYING A REQUEST FOR ZONE VARIANCES APPLICANT: ALFRED R. WITTIG; LOCATION: 14434 JOANBRIDGE STREET; CASE NO.: 2V-526)". M/S: KING/MCNEILL. ROLL CALL VOTE: AYES COUNCILMEN KING, MCNEILL, GIBSON, MAYOR WHITE NOES COUNCILMEN NONE______________________________ ABSTAIN: COUNCILMEN IZELL_____________________________ ABSENT COUNCILMEN NONE______________________________ Mayor White introduced the Public Hearing On the enactment by reference, of certain Uniform Codes pursuant to Section 50022.1 of the Government Code. ORD. NO. 903) Second Reading)". Mayor White declared the Public Hearing open on the Uniform Building Codes and invited those wishing to speak to come forward. There were none. Mayor White declared the Public Hearing closed. GARY MAGUE PUBLIC HEARING CLOSED COUNCIL DISCUSSION MOTION FOR DENIAL ROLL CALL VOTE RESOLUTION NO. 85-70 APPROVED PUBLIC HEARING INTRODUCED UNIFORM CODES PUBLIC HEARING OPEN PUBLIC HEARING CLOSED REPORTS OF OFFICERS, COMMISSIONS OR COMMITTEES Mayor White stated that Staff had recommended that the consideration and introduction of the ordinance relating to Cable Television be held over to a later date. Council concurred. Director of Administrative Services Halloway explained that significant changes in the Housing and Economic Development Department has necessitated a total organization and management study by Ralph Anderson & Associates. The recommendations from this report are outlined in the Staff report and two resolutions are before CATV HELD OVER MANAGEMENT CLASSIFI- CATION STUDY HALLOWAY BIB] 37652-U01 1985-U02 08-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9426-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 08 07 CC MIN;¢f4ÂÚREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUGUST 7/ 1985 PAGE SEVEN Council for approval. It was moved and seconded to approve Resolution No. 85-71, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHING A CLASSIFICATION PLAN FOR THE CITY'S CLASSIFIED AND UNCLASSIFIED SERVICE POSITIONS". M/S/C: KING/GIBSON. There were no objections. It was moved and seconded to approve Resolution No. 85-72, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 85-45 ADOPT- ING A BASIC SALARY PLAN CLASSIFIED SERVICE MISCELLANEOUS **. M/S/C: KING/IZELL. There were no objections. Mayor White explained that the report requested on apartheid investments had been received. The banks that the City does business with have responded that: 1) they have no interests in South Africa; 2) they are only calling in the debts owed; and 3) they will be following the Federal Governments policies. Councilman King referred to paragraph six of the Staff report and stated that he was in agreement with that. Also since the City would have no control of funds if they contributed he would like a letter sent to We Tip, Inc. notifying them of the reasons we could not support the organization. Director of Community Services Smith explained the architectural services that are necessary for the preparation of an updated analysis of projected costs for the renovation of the Civic Auditorium. He outlined the funding sources available for this project and told of the need for accurate cost projections for structuring a bond program. Staff is recommending Miralles Associates, Inc. for this analysis service. The fee for these architectural services will not exceed $2000. It was moved and seconded to authorize the execution of an agreement with Miralles Associates, Inc. for architectural services relating to the civic auditorium. RESOLUTION NO. 85-71 APPROVED RESOLUTION NO. 85-72 APPROVED APARTHEID INVEST- MENTS WE TIP, INC ARCHITEC- TURAL SERVICES STAFF REPORT SMITH CIVIC AUDITORIUM AGREEMENT APPROVED 00- Mayor White declared the regular meeting of the City Council recessed at 8:22 p.m. The City Council reconvened at 8:27 p.m. Roll Call remained the same. 00- COUNCIL MEETING RECESSED RECONVENED 8:27 P.M. NEW BUSINESS In response to Councilman King's question regarding the Waste to energy plant City Manager Webb stated that there was no additional information to report on this plant. The C.E.C. is in the process of conducting hearings. This may take months for the environmental process to run its course, possibly into Spring. Staff is attending meetings and will keep the Council informed. Councilman King requested that this be monitored WASTE TO ENERGY PLANT BIB] 37652-U01 1985-U02 08-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9426-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 08 07 CC MIN;¢f4ÂÚREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUGUST 7, 1985 PAGE EIGHT closely so that it does not get out of hand and we have no voice in this matter later on. He expressed his concern over the possible pollution and the effect on people and the surrounding area. 00- Mayor White declared Oral Communications open and invited those wishing to speak to come forward. Hank Ramey, 14903 Alvine, spoke concerning the traffic hazard at the Puente Avenue and Root Street intersection. Helen Gibson, 13268 Francisquito, spoke regarding the pollution that the waste to energy plant would cause and asked Council to take a stand against it. Maureen Popick, 13946 Sandstone, spoke regarding people not attending Council meetings and Council votes not being what the people want. Lisa Keyser, 13645 Rexwood, spoke regarding the volunteer programs in West Covina that cuts costs to that City. Mayor White declared Oral Communications closed. 00- It was moved and seconded to adjourn to a closed Session to consider personnel matters at 8:15 p.m. The Council reconvened at 9:08 p.m. Roll Call remained the same. Mayor White stated that the Council considered claims and personnel matters in Closed Session and gave direction to Staff. 00- It was moved and seconded to adjourn the regular meeting of the City Council at 9:09 p.m. M/S/C: MCNEILL/IZELL. There were no objections. ORAL COMMUNICA- TIONS OPEN HANK RAMEY HELEN GIBSON MAUREEN POPICK LISA KEYSER CLOSED CLOSED SESSION 8:45 P.M. RECONVENED 9:08 P.M. CLOSED SESSION EXPLAINED MEETING ADJOURNED 9:09 P.M. A fe CTNDA L. GAtR, LINDA L. GATR, CITY CLERK BIB] 37652-U01 1985-U02 08-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9426-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06