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HomeMy WebLinkAbout1988 11 02 CC MIN1988 11 02 CC MIN;¢f4Á1REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVENUE, TUESDAY, NOVEMBER 2, 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. ROLL CALL: PRESENT: COUNCILMEMBERS IZELL, LOWES, ROLL CALL MCNEILL AND MAYOR KING ALSO PRESENT: City Manager Webb, City Attorney Flandrick, Dir. of Admin Services Yelton, Dir. of Comm. Services Smith, Dir. of Housing & Economic Development Hemer, Chief of Police Hoskin, City Planner Rangel, and City Clerk Gair 00- The absences of Councilman Gibson and City Treasurer ABSENCES Montenegro were excused. EXCUSED 00- Mayor King read a brief biography of Glenn Fritchie, 30 YEAR employee of the City, and presented him with a gold EMPLOYEE watch to commemorate thirty years of service to the RECOGNI- City. Councilmembers commented on this service and TION being the first thirty year employee and congratula- ted Glenn for the years he had been with the City. 00- ORAL COMMUNICATIONS Mayor King declared Oral Communications open and invited those wishing to speak on any subject to come forward. Eli Roca, 14637 California, spoke regarding propo- sition 84 and the possibility of the City receiving funds and asked what citizens can do to help. He also spoke regarding help for the first time home buyers and the Senior Citizens' Center expansion. Mayor King declared Oral Communications closed. 00- City Clerk Gair presented the Consent Calendar: ORAL COMMU NICATIONS OPEN ELI ROCA CLOSED CONSENT CALENDAR 1. Approval of Certificate of Posting for November 2, 1988 2. Approve Minutes of October 5, 1988 and October 19, 1988 3. Waive Further Reading and Adopt RESOLUTION NO. 88-94 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK BIB] 37651-U01 1988-U02 11-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9359-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 11 02 CC MIN;¢f4Á1REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK NOVEMBER 2, 1988 PAGE TWO Waive Further Reading ORDINANCE NO. 999 Second Reading) Waive Further Reading ORDINANCE NO. 1000 Second Reading) and Adopt t AMENDING ORDINANCE NO. 942, REGARDING THE FRANCHISE FOR A CABLE TELEVISION SYSTEM GRANTED TO UNITED CABLE TELEVISION OF BALDWIN PARK INC. and Adopt AMENDING THE BALDWIN PARK MUNICIPAL CODE RELATING TO INFRACTIONS Deny Claim Against the City Janet Rae Parks Budget Amendment for Membership in a Municipal Software Sharing Group Declare Certain Property Surplus Contract Change Order Littlejohn Street and Utility Improvements CIP 251 10 Waive Further Reading ORDINANCE NO. 1001 First Reading) and Introduce AMENDING THE BALDWIN PARK MUNICIPAL CODE RELATING TO PARKING OF VEHICLES 11. Adopt a Personal Computer Employee Program The following Item was removed from the Consent Calendar for separate consideration: Item No. 2 at the request of Mayor King. Staff requested that Items No. 6 and 11 be removed for consideration at a later meeting. It was moved and seconded to approve Items No. 1, 3-5 and 7-10 of the Consent Calendar as presented. M/S/C: MCNEILL/IZELL. There were no objections. Mayor King corrected the October 19, 1988 minutes on page four, paragraph four, in the concluding sentence to read, on or before May 15th of each year", instead of by May 15th. It was moved and seconded to approve Item No. 2 with the corrections as stated to the October 19, 1988 minutes. M/S/C: IZELL/MCNEILL. There were no objections. ITEMS NO. 2, 6 & 11 REMOVED ITEMS NO. 1, 3-5 & 7-10 APPROVED ITEM NO. 2 ITEM NO. 2 APPROVED PUBLIC HEARING Mayor King introduced the Public Hearing on CP-467, An appeal of the Planning Commission's decision to deny a request for a modification of a conditional use permit to allow the sale of distilled alcoholic beverages in conjunction with a fast food restaurant pursuant to Section 17.22.02OA of the City Code. Applicant: Taco Cabana, Inc.; Location: 14540 Baldwin Park Towne Center)". City Planner Rangel explained the appeal that was before Council to allow the sale of beer, wine and hard liquor in a fast food restaurant. This would PUBLIC HEARING CP-467 INTRODUCED STAFF REPORT BIB] 37651-U01 1988-U02 11-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9359-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 11 02 CC MIN;¢f4Á1REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 1988 OF THE CITY OF BALDWIN PARK PAGE THREE modify the conditional use permit/ which already will allow beer and wine, and staff feels that this would be an inappropriate mix of uses, He outlined three general categories that are characteristic of restaurants and the difference in clientele which patronize the different restau- rants. He also explained that an ABC license allows a full range of alcoholic spirits to be served and told of the difficulty in setting any kind of control on types of alcohol served, such as limiting the sale to only margaritas. Staff is recommending denial of the modification to conditional use permit CP-467. Mayor King declared the Public Hearing open and PUBLIC invited those wishing to speak on CP-467 to come HEARING forward. OPEN Richard Severro, Executive Vice President of RICHARD Taco Canbana, stated that he did not realize this SEVERRO would be a controversial issue, because it is not complicated to have the margarita machines in Texas. He explained the customer demand for margaritas and the limitations that are set on the number of margaritas, glasses of beer and wine that is served to customers. There would not be a bar in the Taco Cabana and no alcohol is served if food is not purchased. He stated that San Diego had granted allowing the margarita machines in the Taco Cabana located in that city. He said that Taco Cabana would agree to conditions that the Council might wish to impose and asked thaT this appeal be approved. James Culpepper, 5042 Stewart, felt that the JAMES margaritas would be all right served in the sit- CULPEPPER down area, but not through the drive-through. Sam Degelia, 700 E. Locust, Pasadena, General SAM Manager of the Taco Cabana, explained that there DEGELIA had been no problems in the past and requested approval in consideration of this. Joanne Bommarito, 13147 Shaver, complimented the JOANNE food that is served at the Taco Cabana, but expressed BOMMARITO her concern regarding alcoholic sales with the open patio area. She did not feel this was a good idea. Richard Severro, applicant, explained the condition SEVERRO that they sign with the ABC stating that there will be no alcoholic beverages through the drive-through. He stated that he hoped that Baldwin Park would not be the only city in California where margaritas are not sold, Maryann Huetinck, 13059 Amar Road, asked concerning MARYANN the Taco Cabana being able to sell any kind of HUETINCK alcoholic beverage and how the conditional use permit might effect a Happy Hour" in case it was decided to have this later on. City Attorney Flandrick stated that conditions can CITY be imposed, such as the limitations that are set ATTORNEY regarding the number of drinks served to a customer, and that drinks will only be served in conjunction with meals. That kind of a condition is almost BIB] 37651-U01 1988-U02 11-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9359-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 11 02 CC MIN;¢f4Á1REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 1988 OF THE CITY OF BALDWIN PARK PAGE FOUR impossible for the City to regulate or control, As a condition, no matter who the applicant is, it is extremely difficult to enforce. Also, the license being sought, the ABC license, is a full license, an on-sale license, any and all alcoholic beverages would be permitted. The City could impose a condition on the conditional use permit that only margaritas be sold, but the problem is that there is a direct conflict between a State license and a local license and in all probabilty that restriction would not be valid. Mayor King declared the Public Hearing closed. Councilmembers congratulated Taco Cabana on the fine restaurant that they have and the quality of the food. Councilman Izell was in favor of putting this decision off for two weeks and having the Council take a closer look at the restaurant, because at this time he did not feel that the sale of margaritas was a bad idea if some restrictions were placed and suggested a $5,000 guarantee that could be requested. Council- women Lowes and McNeill and Mayor King expressed their concern about the business being so close to the freeway to sell hard liquor in a fast food restaurant and this being a family oriented business. It was moved and seconded to approve Resolution No. 88-95, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DENYING THE MODIFICATION OF A CONDITIONAL USE PERMIT TO ALLOW ON-SITE SALE OF DISTILLED SPIRITS IN CONJUNCTION WITH A FAST FOOD RESTAURANT APPLICANT: KENNARD, HERBAGE & ASSOCIATES; CASE NO. MODIFICATION OF CP-467)". M/S/C: LOWES/MCNEILL. There were no objections. 00- REPORTS OF OFFICERS, COMMISSION AND COMMITTEES CLOSED DISCUSSION RESOLUTION NO. 88-95 ADOPTED Mayor King requested that the appointments to the Planning Commission be held until the General plan is completed by the commission since new members would not have had the time to review the General Plan as other commissioners have had. He asked City Planner Rangel to check for the appropriate dates for these appointments to be made. He also commented that there was not a rush on the Housing Commission either and that could be held also. Mayor King explained that there was a conflict for Councilman Izell to be the Independent Cities representative and the following changes were recommended: Councilwoman Lowes would be the representative and Councilman Izell the alternate. It was moved and seconded to approve Resolution No. 88-96, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DESIGNATING THE CITY'S REPRESENTATIVES AND ALTERNATES TO CERTAIN MUNICIPAL COMMITTEES AND ORGANIZATIONA". M/S/C: MCNEILL/IZELL. There were no objections. City Clerk Gair explained that the students recom- mended to serve on the Human Services Commission were: Crystal Sheets, Baldwin Park High School; and Laura Garcia, Sierra Vista High School. PLANNING & HOUSING APPOINT- MENTS DELAYED COUNCIL COMMITTEES RESOLUTION NO. 88-96 ADOPTED STUDENTS REPS HUMAN SERVICES BIB] 37651-U01 1988-U02 11-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9359-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 11 02 CC MIN;¢f4Á1REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK NOVEMBER 2, 1988 PAGE FIVE It was moved and seconded to approve Resolution No. 88-97, 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: IZELL/MCNEILL. There were no objections. Director of Community Services Smith explained that Ralph Stone and Co., in consultation with the City Attorney/ has prepared a draft of the proposed Refuse Collection agreement. The major emphasis of the new contract has been to provide a more com- prehensive outline of the terms and conditions that are considered necessary and desireable. He outlined the more significant elements of the contract and requested that Council approve the proposed contract agreement for refuse collection services and authorize staff to proceed with the competitive process. Mayor King expressed his concern about not having had enough time to review this and that were items that had not been taken care of and too many blanks to be filled in. He requested that this be brought back at a later date. Director of Community Servies Smith commented that Websters had been contacted to extend their contract for a three month period and this would allow time for this to be reviewd. Councilwoman Lowes expressed concern about the bulky items not being picked up each week because of the problems this would cause. She felt that the added cost of 50 cents per month to have the conven- ience of weekly pick up of bulky items would be worth the cost. Mayor King also requested that some provision be made for the City to advertise slogans on the refuse trucks that would benefit youth and he would like the contract to state ten working days rather than ten calendar days. He also requested that on page four where it states/ franchise shall submit to the director..." make certain that in a parenthesis there prior to application that the Council is notified and the Council approves", and that page five and page six be filled in, and on page 7d they the refuse company) would be able to communicate in different languages. Director of Community Services Smith, in response to Council, stated that seven years seemed to be a reasonable time for the limit of the contract. Director of Community Services Smith in response to Council, stated that seven years seemed to be a reasonable time for the limit of the contract. Council agreed to have this proposed refuse contract agreement brought back in two weeks. 00- RESOLUTION NO. 88-97 ADOPTED PROPOSED REFUSE COLLECTION AGREEMENT DISCUSSION ITEM HELD OVER COUNCIL INITIATIVES Council discussed the circumstances surrounding Mr. Sisneros having to pay a penalty on his building permit. They discussed the fact that he was doing his own work and that the permits do not indicate the expiration of the permits. WAIVE PENALTY FEE BIB] 37651-U01 1988-U02 11-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9359-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 11 02 CC MIN;¢f4Á1REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK NOVEMBER 2, 1988 PAGE SIX It was moved and seconded to waive the penalty fee for Gilbert Sisneros on his buildng permit. M/S/C: IZELL/LOWES. There were no objections. Council also requested that future permits indicate that a renewal is necessary or a handout be given. 00- It was moved and seconded that the regular meeting of the City Council be adjourned at 8:17 p.m. M/S/C: LOWES/ZELL. There were no objections. APPROVED COUNCIL REQUEST MEETING ADJOURNED 8:17 P.M. S^ LINDA L./GAIR, CITY CLERK BIB] 37651-U01 1988-U02 11-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9359-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04