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HomeMy WebLinkAbout1988 12 21 CC MIN1988 12 21 CC MIN;¢f4ÁREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVENUE, TUESDAY, December 21, 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 ALSO PRESENT COUNCILMEMBERS GIBSON, IZELL, LOWES, MCNEILL AND MAYOR KING City Manager Webb, City Attorney Flandrick, Dir. of Admin Services Yelton, Dir. of Comm. Services Smith, Acting Director of Housing & Economic Development Pearce, Chief of Police Hoskin, Dir. of Human Services Lucas, Deputy City Clerk Sharp, and City Clerk Gair 00- ROLL CALL City Treasurer Montenegro's absence was excused. 00- Chief of Police Hoskin announced that the police department was collecting toys for the children of families that are homeless due to the recent fire in Baldwin Park. 00- ORAL COMMUNICATIONS ABSENCE EXCUSED Mayor King declared Oral Communications open and invited those wishing to speak on any subject to come forward. Marcia Arkin, 4347 Stewart, expressed her appreciation for the signs directing the way to the Senior Citizens Center, asked Council on behalf of the new Baldwin Park Citizens Club for a luminous sign on the Senior Citizen's Center. Eli Roca, 14637 California Avenue, thanked and commended the councilmembers and others who helped the people who were victims of the fire. He spoke regarding the assistance and funding available for those victims and some of the problems for those who wish to rebuild. Alma Aghbashian, 12853 E. Ledford, asked Council to take a moment to say a prayer for those who lost their homes in the fire and for those 50,000 Armenian lives lost in the earthquake. Mayor King declared Oral Communications closed. 00- ORAL COMMU NICATIONS OPEN MARCIA ARKIN ELI ROCA ALMA AGHBASHIAN CLOSED BIB] 37651-U01 1988-U02 12-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9355-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 12 21 CC MIN;¢f4ÁREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECEMBER 21, 1988 PAGE TWO City Clerk Gair presented the Consent Calendar: CONSENT CALENDAR 1. Approval of Certificate of Posting for December 21, 1988 2. Approve Minutes of November 16, 1988, November 30, 1988, December 7, 1988 and December 12, 1988 3. Waive Further Reading and Adopt RESOLUTION NO. 88-101 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Receive and File Treasurer's Report November 30, 1988 5. Waive Further Reading and Adopt ORDINANCE NO, 1004 AMENDMENT TO ORDINANCE Second Reading) NO. 1000 AMENDING THE BALDWIN PARK MUNICIPAL CODE RELATING TO INFRACTIONS 6. Deny Claims Against the City Los Angeles County Pedro Perez) Pedro Perez Alpha Beta Company 7. Waive Further Reading and Adopt RESOLUTION NO. 88-102 AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS 8. Award bid for Modular Wall Installation and Office Furniture California Business Interiors CBI) of California 9. Approve Purchase of Additional Vehicle Latchkey Transportation Program 10. Approve Final Tract Map No. 46616 11. Waive Further Reading and Adopt Resolution No. 88-103 APPROVING A CERTAIN FIRST AMENDED AND RESTATED UDAG COOPERATION AGREEMENT BY AND BETWEEN THE CITY AND THE BALDWIN PARK REDEVELOPMENT AGENCY; AND AUTHORIZING THE EXECUTION AND DELIVERY OF SAID AGREEMENT WESTAR/CBD/SV) 12. Approve Proclamation Proclaiming Existence of A Local Emergency 13. Waive Further Reading and Adopt ORDINANCE NO. 1006 AMENDING BALDWIN PARK Urgency) MUNICIPAL CODE RELATING TO CIVIL DEFENSE 14. Waive Further Reading and Introduce ORDINANCE NO. 1007 AMENDING BALDWIN PARK First Reading)MUNICIPAL CODE RELATING TO CIVIL DEFENSE BIB] 37651-U01 1988-U02 12-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9355-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 12 21 CC MIN;¢f4ÁREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECEMBER 21, 1988 PAGE THREE The following items were removed from the Consent Calendar for separate consideration: Item No. 13 and Item No. 14 at the request of the Mayor. It was moved and seconded to approve Consent Calendar Items No. 1-12 as presented. M/S/C: GIBSON/IZELL. There were no objections. Mayor King stated he felt that the Mayor and Mayor pro tern should not serve as liaison but serve as members of the Disaster Council and two members of the community be put in as part of the Disaster Council membership. Councilman Gibson stated he would like to see it remain as Civil Defense Area D" representatives. He felt that councilmembers serving on both the Disaster Council and the City Council would create problems should something have to be taken to the council for a decision regarding certain directives of Disaster Council. He felt this would create a conflict for the members. City Attorney Flandrick confirmed that this could be a possibility. City Manager Webb explained that the revised ordinance does not specify that the liaison be the representative. Council would select whomever they wish to be liaison. Councilman Gibson made the motion that the ordinance stands as is with the recommendation from staff. MOTION DIED DUE TO A LACK OF A SECOND. It was moved and seconded to approve Ordinance No. 1006, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING TITLE 2 OF THE BALDWIN PARK MUNICIPAL CODE BY ADDING CHAPTER 2.65 THERETO, RELATING TO THE DISASTER COUNCIL, AND DECLARING THIS ORDINANCE TO BE AN URGENCY MEASURE)", with the language added to section 2.65.030(E) to read as The Mayor or the Mayor pro tern in the absence of the Mayor, and the City Council's representative to the Civil Defense Area D" Committee". Item No. 13) ROLL CALL ITEMS NO. 13 & 14 REMOVED CONSENT CALENDAR ITEMS NO. 1-12 APPROVED DISCUSSION ITEMS NO. 13 & 14 ORDINANCE NO. 1006 URGENCY ITEM NO. 13 ROLL CALL VOTE AYES NOES ABSENT; LOWES MCNEILL IZELL MAYOR KING GIBSON NONE ITEM NO. 13 APPROVED It was moved and seconded to approve Ordinance No. 1007, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING TITLE 2 OF THE BALDWIN PARK MUNICIPAL CODE BY ADDING CHAPTER 2.65 THERETO, RELATING TO THE DISASTER COUNCIL)", with the language added to section 2.65.030(E) to read as The Mayor or the Mayor pro tern in the absence of the Mayor, and the City Council's representative to the Civil Defense Area D" Committee". Item No. 14) ORDINANCE NO. 1007 ITEM NO. 14 BIB] 37651-U01 1988-U02 12-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9355-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 12 21 CC MIN;¢f4ÁREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECEMBER 21, 1988 PAGE FOUR ROLL CALL ROLL CALL VOTE AYES LOWES MCNEILL IZELL MAYOR KING ITEM NO. 14 APPROVED NOES GIBSON ABSENT: NONE 00- PUBLIC HEARING Mayor King introduced the Public Hearing on Ordinance No. 1005 Amending Certain Sections of the Baldwin Park Municipal Code Relating to the Adoption of New Building and Fire Regulations", Director of Community Services Smith explained that the Uniform Codes relating to building construction and the National Electric Code are revised every three years to reflect changes. He listed the codes before Council and recommended adoption. Mayor King declared the Public Hearing open relating to the adoption of new building and fire regulations and invited those wishing to speak on this subject to come forward. There were none. Mayor King declared the Public Hearing closed. It was moved and seconded to approve Ordinance No. 1005, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CERTAIN SECTIONS TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO ADOPTION OF NEW BUILDING AND FIRE REGULATIONS". M/S/C: IZELL/ GIBSON. There were no objections. 00- PUBLIC HEARING INTRODUCED STAFF REPORT SMITH UNIFORM CODES PUBLIC HEARING OPEN CLOSED ORDINANCE NO. 1005 ADOPTED SECOND READING) REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES Mayor King explained there are conflicts that seem to have arisen in the Chamber of Commerce contract. He asked that a chamber representative come forward to discuss some of these items. Frank Fitzgerald, 14802 Clydewood Avenue, finance officer of the Chamber, stated that the Chamber is trying to adhere to this contract. He also stated that the Chamber has made some minor changes which were submitted to the City Council. And that he would try to answer any questions Council may have on these changes. Council discussed some of the changes they felt might present some problems and suggested that the committee meet and discuss the changes and bring them back to council for approval. Mayor King stated that this item will be held over to a later date until the committee can meet and bring information back to conclude the issue. City Manager Webb explained that the City does not have the capacity to meet the long term recovery needs. It will require the assistance CHAMBER OF COMMERCE CONTRACT ITEM HELD OVER FIRE/ WINDSTORM REPORT BIB] 37651-U01 1988-U02 12-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9355-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 12 21 CC MIN;¢f4ÁREGULAR MEETING OF THE CITY COUNCIL DECEMBER 21, 1988 OF THE CITY OF BALDWIN PARK PAGE FIVE of L.A. County and the State of California and community based agencies that will participate in this recovery effort. He further explained that the Small Business Administration does provide low interest loans to rebuild or remortgage properties damaged. And that eligibility for this type of assistance cannot be determined until all the agencies have filed damage assessment reports with the State. He stated that the City of Baldwin Park has filed their report, but the City of Los Angeles and L.A. County have yet to file the reports. Until all reports are filed, the City will not know if the county will be eligible for assistance. He explained the process to determine eligibility and the process for Small Business Administration assistance. There are other agencies and several organizations that are offering assistance for these families. Los Angeles County Department of Social Service has the standard benefits for eligible persons, the County has funds for owners of rental properties for the repair for partially damaged properties, and the City and the Baldwin Park Housing Authority have been working to place those eligible families in Section 8 housing. Mayor King explained that there are two new appointments to be made to the Planning Commission and one appointment to fill a vacancy to be made on the Housing Commission. Councilwoman Lowes nominated Raul Reyes and Carrol Hogue to be appointed to the Planning Commission. It was moved and seconded to nominate Raul Reyes to the Planning Commission. M/S/C: LOWES/I2ELL. There were no objections. It was moved and seconded to nominate Carrol Hogue to the Planning Commission. M/S/C: LOWES/GIBSON. There were no objections. It was moved and seconded to approve Resolution No. 88-104, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING MEMBERS TO THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK". M/S/C: GIBSON/IZELL. There were no objections. Mayor King nominated Harry Medkiff to be appointed to the Housing Commission with the Councils concurance It was moved and seconded to nominate Harry Medkiff to the Housing Commission. M/S/C: IZELL/LOWES. There were no objections. It was moved and seconded to approve Resolution No. 88-105, 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/C: IZELL/LOWES. There were no objections. COMMISSION APPOINT- MENTS NOMINATION RESOLUTION NO. 88-104 ADOPTED NOMINATION RESOLUTION NO. 88-105 APPROVED BIB] 37651-U01 1988-U02 12-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9355-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 12 21 CC MIN;¢f4ÁREGULAR MEETING OF THE CITY COUNCIL DECEMBER 21, 1988 OF THE CITY OF BALDWIN PARK PAGE SIX Director of Community Services Smith explained that the intent of the Los Angeles County Hazardous Waste Management Plan is to encourage the establishment of needed hazardous waste programs and facilities by the private sector. That the draft plan and draft EIR were submitted to the cities for review earlier this year. And that in May 1988, the City Council aproved the draft EIR. He further explained that the final plan and EIR have now been submitted to all cities and other agencies for approval and must be approved by a majority of the cities which contain a majority of the population of the incorporated area of the county. It was moved and seconded to approve Resolution No. 88-106, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CONCURRING WITH THE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN". M/S/C: IZELL/LOWES. There were no objections. Director of Community Services Smith explained that Council has previously considered a draft refuse collection contract and as a result of those dicussions there were changes proposed that have been incorporated into the agreement that is before Council. He further explained that the proposed four month extension with Websters would allow additional time for the preparation of proposals by contractors and the evaluation of those proposals. Websters has agreed to the four month extension. The two year freeze on rate structure has been included in the final proposal. He outlined the conmpetitive selection procedure and stated that staff recommends that the Council approve the refuse collection contract, authorize staff to issue a request for proposal and approve the four month extension of the contract with Websters. Councilman Gibson stated that he thought the changes that were approved at the last council meeting were going to be included in the proposal and they were already sent out. He questioned why this has come back to Council. ****Correction to minutes**** It was moved and seconded to accept the draft as an instrument of negotiation and to send it out and request proposals from contractors using this fifth draft agreement. M/S: GIBSON/IZELL. Mayor King requested discussion on paragraph 47 of page 45 of the agreement must be bound to compulsory arbitration if we cannot settle our disputes" and asked if this is a State law. City Attorney Flandrick stated that it was not a State law and it was up to Council if they wish to have an arbitration clause or not. He stated that he understood that council did want this clause included and therefore it was placed in the agreement. ****"Mayor King stated that he asked that the draft**** contract be agendized for Council's final approval" HAZARDOUS WASTE MANAGEMENT PLAN RESOLUTION NO. 88-106 ADOPTED STAFF RECOMMEND- ATION MOTION DISCUSSION BIB] 37651-U01 1988-U02 12-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9355-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 12 21 CC MIN;¢f4ÁREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECEMBER 21, 1988 SEVEN In response to Mayor King's statements. Director of Community Smith confirmed that there is a section in the agreement that states that the contractor is not required to pick up hazardous waste materials, Mayor King and Councilman Izell requested that the contract be upgraded to include the separation of trash, because the City needs to make a provision for recycling, and allow another company to come in for recycling if the company we have does not want to do this. City Attorney Flandrick stated that there is a reference to trash in the proposal. Should there be a time when city wants to include this, that portion of the contract would have to be renegotiated. He stated that recycling is an important provision and that it should be inserted at this time so all prospective bidders have an opportunity to look at it. Councilman Izell made the motion that the language be included in the proposal regarding recycling according to City Attorney Flandrick's interpertation of what council has recommended. Mayor King stated that a motion was already on the floor. Councilman Izell amended the motion already before AMENDED Council to accept the draft as an instrument of MOTION TO negotiation and to send it out and request proposals ACCEPT from contractors using this fifth draft agreement), DRAFT and have the City attorney include the necessary PROPOSAL language to have the opportunity to renegotiate when it is decided to get into recycling. M/S/C: GIBSON/IZELL. There were no objections. Councilman Izell recommended that the Occupancy ITEM HELD Inspection Program discussion be held over until OVER February until the general plan is out of the way. COUNCIL INITIATIVES Mayor King spoke regarding the safety barrier needed in the police department lobby and asked that the Chief of Police look into this issue and bring it back to Council for discussion. He also stated that letters should be sent to managers of Thrifty parking lot regarding the area not being clean. Councilman Izell requested that the fire department survey the Alpha Beta shopping center to keep fire lanes cleared. 00- Mayor King declared the City Council in recess at 8:40 p.m. The City Council was back in session at 8:53 p.m. Roll Call remained the same. City Attorney Flandrick stated that a Closed Session was necessary for a personnel matter. Such Closed Session is authorized according to Section 54957 of the Government Code. Council was recessed to a Closed Session at 8:54 p.m. The City Council was back in session at at 9:12 p.m. Roll Call remained the same. RECESSED 8:40 P.M. IN SESSION 8:53 P.M. CLOSED SESSION REQUESTED RECESSED 8:54 P.M. IN SESSION 9:12 P.M. BIB] 37651-U01 1988-U02 12-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9355-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 12 21 CC MIN;¢f4ÁREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECEMBER 21, 1988 PAGE EIGHT 00- It was moved and seconded to adjourn the regular meeting of the City Council at 9:13 p.m, in memory of the 50/000 Armenians, the victims of the Baldwin Park fire and the Pan Am Airline's disaster in Scotland. M/S/C: LOWES/MCNEILL. There were no objections. MEETING ADJOURNED 9:13 P.M. Q^^ G^NA SJ L^_y_____ DEPUTY CITY CLERK BIB] 37651-U01 1988-U02 12-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9355-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04