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HomeMy WebLinkAbout1987 12 02 CC MIN1987 12 02 CC MIN;¢f4ÃEùREGULAR MEETING OF THE CITY THE CITY OF BALDWIN PARK, 14403 EAST PACIFIC AVENUE, DECEMBER 2, 1987 AT 7:00 P.M COUNCIL OF CITY HALL, WEDNESDAY, 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 Mrs. Rose, The Flag Salute was led by Mrs. Sanders. INVOCATION FLAG SALUTE ROLL CALL PRESENT: COUNCILMEMBER IZELL, ROLL CALL J. MCNEILL, WHITE AND MAYOR KING City Manager Webb, ALSO PRESENT: City Attorney Flandrick, Dir. of Admin Services Yelton, Dir. of Comm. Services Smith, Dir. of Housing & Economic Development Hemer, Dir. of Human Services Lucas, Chief of Police Hoskin, City Planner Rangel, City Treasurer Montenegro and Deputy City Clerk Sharp 00- Chief of Police Hoskin introduced the Parking Control INTRODUC- Officer Starr Henchy and gave a brief biographical TION background of the officer. Chief of Police Hoskin introduced Police Officer OATH OF Gregory Jackson and gave a brief biographical OFFICE background of the officer. Deputy City Clerk Sharp POLICE gave the Oath of Office to Officer Jackson. PERSONNEL 00- Deputy City Clerk Sharp presented the Consent Calendar: CONSENT CALENDAR 1. 2. 3. Approval of Certificate of Posting for November 24, 1987, November 30, 1987 and December 2, 1987 Approve Minutes of October 21, 1987. November 4, 1987 Pulled) Waive Further Reading and Adopt RESOLUTION NO. 87-101 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Waive Further Reading ORDINANCE NO. 976 Second Reading) and Adopt APPROVING A CHANGE OF ZONE FROM R-3 TO 1C ON APPROXIMATELY 39 ACRES. APPLICANT: CITY OF BALDWIN PARK/- CASE NO. Z-472; LOCATION: 13216 FAIRGROVE STREET) 5. Waive Further Reading and Adopt ORDINANCE NO. 977 APPROVING A CHANGE OF Second Reading) ZONE FROM R-l TO R-l PD) ON APPROXIMATELY BIB] 37652-U01 1987-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9441-U03 DO9443-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1987 12 02 CC MIN;¢f4ÃEùREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECEMBER 2, 1987 PAGE TWO 1.45 ACRES APPLICANT; CHIA-SENG HOU & HSU PI-LIEN HOU; CASE NO. Z-473; LOCATION: 3445-3453 BIG DALTON AVENUE) 6. Deny Claim Against the City Alicia Esparza John Simmons 7. Approve Labor Relations Contract Filarsky and Watt 8. Approve Budget Amendment Finance Manager 9. Waive Further Reading and Adopt RESOLUTION NO. 87-102 DESIGNATING THE LOS ANGELES COUNTY TRANSPORTATION COMMISSION AS THE SERVICE AUTHORITY FOR FREEWAY EMERGENCIES IN THE COUNTY OF LOS ANGELES 10. Award of Contract Public Information Assessment Survey Claremont Graduate School 11. Approve Purchase of Hewlett Packard Vectra Personal Computer 12. Approve Surplus Property Police Department It was moved and seconded to approve the Consent Calendar as presented. M/S/C: WHITE/IZELL. There were no objections. 00- PUBLIC HEARING CONSENT CALENDAR Mayor King introduced the Public Hearing on, An appeal of the Planning Commission's decision to revoke a conditional use permit granted to allow a contractor's storage yard. Appellant: Tom Cardona? Location; 14525 Central Avenue/- Case No. CP-417)", City Planner Rangel explained that the appellant filed a letter of appeal regarding the Planning Commission's decision to revoke a conditional use permit to allow a storage yard for vehicles and equipment. City Planner Rangel explained that in March of 1985 the Zoning Administrator approved a conditional use permit and that the appellant agreed to comply with all conditions of approval within six months. In December of 1986, a City Code Enforcement Officer inspected the subject property for compliance with the conditions of CP-417 and revealed that none of the required conditions had been met. In January of 1987, the Building Division sent the appellant a notice that it intended to conduct a PUBLIC HEARING INTRODUCED BIB] 37652-U01 1987-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9441-U03 DO9443-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1987 12 02 CC MIN;¢f4ÃEùREGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 1987 OF THE CITY OF BALDWIN PARK PAGE THREE public nuisance hearing for noncompliance with the conditions of CP-417 plus other violations cited, such as inoperative vehicles, weeds. On February 3, 1987 the condition of the property was declared a public nuisance and the appellant was given until February 18th to remove the inoperative vehicles and until February 25th to complete the clean-up. On February 4, 1987 the appellant met with the Director of Community Services regarding the code violations at which time the Director granted the appellant an additional ninety days to comply with the conditions. After the expiration of the 90 day extension City Staff visited the property and found no evidence of any efforts by the appellant. In June of 1987 the Director notified the appellant of his decison to direct staff to begin revocation proceedings. The Planning Commission held a noticed public hearing in October and voted 4-0) to revoke CP-417. City Planner Rangel outlined the facts that require a conditional use permit to be revoked. Staff has found that there are two findings for revocation that are present; 1) that the conditional use permit granted is being, or has been exercised contrary to any conditions of approval imposed upon such permit; and 2) that the use of which the approval was granted is being exercised so as to be detrimental to the public health or safety, or so as to constitute a public nuisance. He continued to explain that a resolution ZA 85-5) required the applicant to comply with all conditions of approval within six 6) months or CP-417 shall become null and void. It has been more than 30 months since the approval of the contractors storage yard and none of these conditions of approval have been met. City Planner Rangel showed slides taken of the proposed property on Monday, November 30, 1987 showing, inoperative vehicles, parking that needs paved and other necessary improvements that are required. City Planner Rangel stated that it is Staff's opinion that the appellant is either unwilling or unable to make the necessary improvemnts to the property. Therefore, staff recommended that CP-417 be revoked effective immediately. Mayor King declared the Public Hearing on CP-417 open and invited those wishing to speak to come forward. PUBLIC HEARING OPEN Frank Cardona, San Dimas, spoke on behalf of Cardona FRANK Paving, asked to clear up what the conditions of the CARDONA conditional use permit are. He also stated they would liked to have done all these improvements, but do to financial problems, finances would not allow them to do all this. He also stated that they have kept the landscaping up and are trying to maintain the cleanness of the property. Tom Cardona, owner of Cardona Paving, spoke about the surrounding properties. He stated that these properties have problems that the City should also pay some attention to. Mr. Cardona submitted TOM CARDONA BIB] 37652-U01 1987-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9441-U03 DO9443-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1987 12 02 CC MIN;¢f4ÃEùREGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 1987 OF THE CITY OF BALDWIN PARK PAGE FOUR photographs of these surrounding properties to Council, filed as exhibit A". Mayor King declared the Public Hearing closed. It was moved and seconded to approve Resolution No. 87-103, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REVOKING A CONDITIONAL USE PERMIT GRANTED TO ALLOW A CONTRACTORS STORAGE YARD APPLELLANT: TOM CARDONA; LOCATION: 14525 CENTRAL AVENUE? CASE NO. CP-417)." M/S/C: WHITE/IZELL. There were no objections, Councilman Izell asked for an itemized cost of staffs administrative services and time involved in the case against Mr. Cardona. 00- REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES City Manager Webb explained that the Government Code requires that on or before December 31st of each year, each legislative body shall prepare an appointment list of all regular and ongoing commissions. That the Human Services Commission consists of five members, the Housing Commissin consists of seven members, both of staggered terms in membership. Two of the offices of the Human Services Commission expired on June 30, 1987 Office No. 4 & 5) and four of the offices of the Housing Commission expired on June 30, 1987 Office No. 1, 2, 6 and 7). Office No. 1 and 2 of the Housing Commission require that the person be a resident of the City and is a four year term. Office No. 6 requires that the person be a Section 8 tenant of the City. Office No. 7 requires that the person be a Section 8 tenant of the City and be over sixty-two years of age. Both Office No. 6 and 7 are of two year terms. Staff will recommend two candidates for Office No. 6 and 7 should none of the residents who have filed a Statement of Interest" meet the requirements. Those recommendations will be Nellie Martinez Office No. 6), and Dorothy Peyton Office No. 7). City Manager Webb listed the residents who submitted a Statement of Interest" to serve as Commissioners for either the Human Services Commission or the Housing Commission and asked that Council give their recommendation. Council discussed the positions of the Human Services Commission and accepted the nominations from Council of Dorothy Harper and the reappointment of Betty Wallis It was moved and seconded to approve Resolution No. 87-104, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING MEMBERS TO THE HUMAN SERVICES COMMISSION OF THE CITY OF BALDWIN PARK". M/S/C: MCNEILL/IZELL. There were no objections. CLOSED RESOLUTION NO. 87-103 APPROVED COUNCIL DISCUSSION HUMAN SERVICES COMMISSION RESOLUTION NO. 87-104 APPROVED BIB] 37652-U01 1987-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9441-U03 DO9443-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1987 12 02 CC MIN;¢f4ÃEùREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECEMBER 2, 1987 PAGE FIVE Council discussed the positions of the Housing Commission and accepted the nominations from Council of Ed Huetinck and Harrie Kirk and also staff's recommendation of Nellie Martinez and Dorothy Peyton. It was moved and seconded to approve Resolution No. 87-105, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING MEMBERS TO THE HOUSING COMMISSION OF THE CITY OF BALDWIN PARK. M/S/Ct WHITE/MCNEILL. There were no objections. Director of Community Services Smith explained that there is a need to select an engineering consultant for the design services relating to the Vineland Avenue Improvement Project, CIP 255. This project involves the rehabilitation/reconstruction of Vineland Avenue from Pacific Avenue to Merced Avenue. The consultant will obtain field, core", samples and examine the surface condition of the existing street. The consultant will then determine the most cost-effective method for resurfacing Vineland Avenue and prepare the engineering plans for the work. This project will be funded with Gas Tax monies. Therefore, staff recommends that the City Council authorize an agreement with H.M. Scott and Associates, Inc. It was moved and seconded to approve an agreement for the engineering services relating to the Vineland Avenue Improvement Project. M/S/C: IZELL/MCNEILL. There were no objections. 00- HOUSING COMMISSION RESOLUTION NO. 87-105 APPROVED STAFF REPORT SMITH ORAL COMMUNICATIONS Herschel Keyser, 13645 Rexwood Street, presented a petition to the City Council, stating that the closing hours of the polling places be changed from 7:00 p.m. to 8:00 p.m. Tima Ramirez, 4924 Wimmer, stated she was for the hour change. Alma Aghbashian, 12853 E. Ledford Street, stated that people who work a distance do not get home before the closing time of 7:00 p.m., and agrees that the time should be changed for this reason. Frank Ramirez, 4924 Wimmer, inquired why the City's elections are not the same hours as county and state elections. Asked that this be changed to conform with the other elections. Raul Reyes, 3160 Athol, stated he would also like to see the closing hour changed. Mayor King declared Oral Communications closed. 00- City Attorney Flandrick stated that it was necessary for the Council to hold a Closed Sesstion pursuant to 54956.9(a) of the Government Code relating to Romero vs City of Baldwin Park. It was moved and seconded that the meeting be adjourned to a closed session at 7:46 p.m. M/S/C: WHITE/IZELL. There were no objections. HERSCHEL KEYSER TINA RAMIREZ ALMA AGHBASHIAN FRANK RAMIREZ RAUL REYES CLOSED CLOSED SESSION CLOSED SESSION BIB] 37652-U01 1987-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9441-U03 DO9443-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1987 12 02 CC MIN;¢f4ÃEùREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECEMBER 2, 1987 PAGE SIX The adjourned regular meeting of the City Council was back in session at 7:53 p.m. Roll Call remained the same. Mayor King stated that in the Closed Session the Council discussed pending litigation. No direction was given to staff. 00- It was moved and seconded that the adjourned regular meeting of the City Council be adjourned to Thursday, December 17, 1987, 7:00 p.m. due to anticipated lack of qorum on Wednesday, December 16, 1987. M/S/C: WHITE/IZELL. There were no objections. MEETING RECONVENED 7:53 P.M. MAYOR KING STATEMENT MEETING ADJOURNED 7:54 P.M. rV^Y^. GINA SHA^P, DEPUTY CITY CLERK BIB] 37652-U01 1987-U02 12-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9441-U03 DO9443-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06