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HomeMy WebLinkAbout2002 08 21 CC MIN2002 08 21 CC MIN(Ììœì COUNCIL CHAMBER AUGUST 21, 2002 14403 E. PACIFIC AVENUE WEDNESDAY BALDWIN PARK, CA 91706 7:00 P.M. The CITY COUNCIL of the City of Batdwin Park met in REGULAR SESSION at the above time and place. ROLL CALL Present: Councilmembers: Linda Gair, Ricardo Pacheco, Bill Van Cleave, Mayor Pro-Tern Marten Garda, and Mayor Manuel Lozano Also Present: Dayle Keller, Chief Executive Officer; Stephanie A. Chavez. Deputy City Attorney; Mark Kling, Chief of Police; Shafique Nayier, Public Works Director; Melecio Picazo, Interim Community Development Director; Manny Camllo, Recreation/Community Services Director; Dolores Gonzalez-Hayes; Maria A. Contreras, City Treasurer; Kathryn Tizcareno, City Clerk; Rosemary M. Ramirez, Chief Deputy City Clerk and Kathleen Sessman, Deputy City Clerk Absent/Excused: Jose Sanchez, Finance Director ANNOUNCEMENTS Mayor Lozano acknowledged the attendance of Deputy City Attorney Stephanie Chavez. Mayor Lozano requested that the meeting be adjourned in memory of resident LaVeme Popham and Debbie Han who have recently passed away. Mayor Lozano requested that letters of condolence be sent to LaVeme's son and daughter. Coundlmember Gair thanked everyone for their calls inquiring about her health and well being. Mayor Lozano announced that plans are in the making for a September 11th day of remembrance. CONSENT CALENDAR APPROVED Coundlmember Gair requested that the following item be removed from the Consent Calendar for discussion: 1) Item 1-A- MINUTES 2) Item 1-F APPROVAL OF A CONSULTANT SERVICE AGREEMENT FOR PURPOSE OF UPDATING CITY'S ZONING CODE AND DESIGN GUIDELINES BIB] 37638-U01 2002-U02 08-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8880-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 08 21 CC MIN(Ììœì City Council Minutes August 21, 2002 Page 2 3) Item 1-J APPROVAL OF CONTRACT EXTENSION AND AMENDMENT OF SCOPE OF WORK FOR LANDSCAPE SERVICES MARIPOSA HORTICULTURAL ENTERPRISES, INC. Councilmember Van Cleave requested that the following item be removed from the Consent Calendar for discussion: 1) Item 1-G AWARD OF CONTRACT FOR THE CONSTRUCTION OF NEW TRAFFIC SIGNALS AT THE INTERSECTION OF MERGED AVENUE/VINELAND AVENUE AND MERGED AVENUE/MARKET PLACE. CIP 878A A motion was made approve Consent Calendar Item Nos. A-N with the exception of A, F, G, and J) as presented, and as follows: MOTION: Councilmember Enter SECOND: Councilmember Enter Carried CLAIMS AND DEMANDS 3oo^>) Further reading was waived, read by title only and Resolution No. 2002-074 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK" was adopted. Councilman Bill Van Cleave abstained on all warrants to Mr. Bills Hardware financial conflict of interest). TREASURER'S REPORT FOR THE MONTH OF JULY, 2002 32o-20» Report was received and filed. CLAIM REJECTION DEMISE RIVERA 01 021 A) IZO-TO) The City Council rejected the claim of Denise Rivera 01 021A) and directed staff to send the appropriate notice of rejection to claimant. ORDINANCE AMENDING CHAPTER 52 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO STORM WATER AND URBAN RUNOFF POLLUTION CONTROLS VAULT) The City Council waived further reading, read by title only and adopt on second reading Ordinance No. 1193 entitled. AN ORDINANCE OF THE CITY OF BALDWIN PARK, CALIFORNIA, REPEALING THE EXISTING CHAPTER 52 OF THE BALDWIN PARK MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 52 ENTITLED THE STORM WATER AND URBAN RUNOFF POLLUTION PREVENTION." BIB] 37638-U01 2002-U02 08-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8880-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 08 21 CC MIN(Ììœì City Council Minutes August 21. 2002 Page 3 RENEWING LINE-OF-CREDIT WITH UNITED CALIFORNIA BANK UCB) TO PROVIDE INTERIM FINANCING FOR CAPITAL IMPROVEMENT PROGRAMS AND OTHER PROJECTS oo-%) Further reading was waived, read by title only, and adopted Resolution No. 2002-079 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE BORROWING OF MONEY AND THE EXECUTION AND DELIVERY OF A $500,000 LINE OF CREDIT AGREEMENT AND RELATED DOCUMENTS WITH UNITED CALIFORNIA BANK." Staff and the City Attorney's Office were directed to review and approve the required renewal documents as to form and content. The Mayor was authorized to execute the renewal documents once reviewed and approved. RESOLUTION AUTHORIZING CERTAIN INDIVIDUALS TO SIGN HUD RELATED DOCS RELATED MATTER. HOUSING & FINANCE AUTHORITY ITEM 1-E» 460-50) Further reading was waived, read by title only, and Resolution No. 2002-075 entitled, A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AND THE BALDWIN PARK HOUSING AUTHORITY, AUTHORIZING CERTAIN INDIVIDUALS TO SIGN U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AGREEMENTS AND SUBMISSION OF REPORTS IN CONNECTION WITH COMMUNITY DEVELOPMENT BLOCK GRANT. HOME, AND SECTION 8 HOUSING PROGRAMS." APPROVAL OF FINAL TRACT MAP NO. 53728 HENRY MELENDEZ, DYNAMIC REALTY; LOCATION: 3947 LA RICA AVENUE 4io-30» The City Council approved Final Tract Map No. 53728 and authorized the Mayor to execute the Subdivision Agreement. SALARY RESOLUTION AMENDING BASIC SALARY PLAN FOR THE EMPLOYEES OF THE CITY OF BALDWIN PARK 700.20) Further reading was waived, read by title only. and adopted Resolution No. 2002-077 entitled. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION 2002-064 A BASIC SALARY PLAN FOR THE EMPLOYEES OF THE CITY OF BALDWIN PARK Addition of Interim Director of Community Development. increase of Police Cadet hourly pay rate, addition of Imaging Specialist position and removal of Telephone Operator classification)." RESOLUTION AMENDING FEE SCHEDULE BY ADDING CIVIL PENALTIES FOR CERTAIN VIOLATIONS OF CITY ORDINANCES RELATING TO PARKING 390-50) Further reading was waived, read by title only, and adopted Resolution No. 2002-078 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 2002-007 BY ADDING CIVIL PENALTIES FOR CERTAIN VIOLATIONS OF CITY ORDINANCES RELATING TO PARKING." BIB] 37638-U01 2002-U02 08-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8880-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 08 21 CC MIN(Ììœì City Council Minutes August 21, 2002 Page 4 PARTNERSHIP GRANT WITH BALDWIN PARK UNIFIED SCHOOL DISTRICT MO-W) The City Council authorized the Chief of Police to executed Consultant Services Agreement and approved the short-term use of the trust fund account until reimbursed by Baldwin Park Unified School District. CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION MINUTES 61(MO) Councilmember Gair noted that her request to change the Study Session Minutes of August 7, 2002. to reflect her presence and excusal from the teleconferencing session, have been made. A corrected copy of those minutes have been distributed to the Council at the dais. A motion was made to approve the minutes of August 7, 2002 Study) as corrected. The minutes of November 28, 2001 Special Joint); June 17, 2002 Special); June 26, 2002 Special); July 2. 2002 Study & Regular); and July 17, 2002 Study & Regular); were approved as presented. MOTION: Councilmember Gair SECOND: Councilmember Van Cleave Carried APPROVAL OF A CONSULTANT SERVICE AGREEMENT FOR PURPOSE OF UPDATING CITY'S ZONING CODE AND DESIGN GUIDELINES 410-20) Coundlwoman Gair thanked Interim Director Picazo for providing her with the information regarding the bid amounts that were received by Cotton/Bridges along with an explanation as to why the higher bid was accepted. Councilmember Gair requested to table this matter until the completion and approval of the General Plan. She further stated that the General Plan has been in progress for y/z years and to date, it has not been adopted. She also feels that due to the existing transition that currently exists in the Community Development Department, at this time, it would be in the Council's best interest to withhold on approving this Agreement. She also stated that a decision to table this matter would possibly give the Council leverage in requiring a more timely completion of the Zoning Code. Upon question by Mayor Pro Tern Garcia, Principal Harbin explained that approving the General Plan prior to approving the Design Guidelines would not cause a conflict. The General Plan establishes goals and policies. The Design Guidelines refine the goals and policies that meet the General Plan requirements. A motion was made to table this matter until such time that the General Plan is completed and approved. MOTION: Councilmember Gair SECOND: Councilmember Pacheco Carried BIB] 37638-U01 2002-U02 08-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8880-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 08 21 CC MIN(Ììœì City Council Minutes August 21. 2002 Page 5 AWARD OF CONTRACT FOR THE CONSTRUCTION OF NEW TRAFFIC SIGNALS AT THE INTERSECTION OF MERGED AVENUE/VINELAND AVENUE AND MERGED AVENUE/MARKET PLACE, CIP 878A GOO^O) In response to Councilmember Van Cleave*s inquiry, Director Nayier explained that the subject traffic signals are part of the off-site improvements planned for the Wal-Mart project. A motion was made to table this matter to September 4. 2002. MOTION: Councitmember Van Cleave SECOND: Councilmember Gair Carried APPROVAL OF CONTRACT EXTENSION AND AMENDMENT OF SCOPE OF WORK FOR LANDSCAPE SERVICES MARIPOSA HORTICULTURAL ENTERPRISES, INC. SOO-M) Councilmember Gair expressed concern that Mariposa Horticultural Enterprises, Inc.. is calculating the proposed CPI increase on a two-year basis. She feels that the City should not be penalized because Mariposa did not request a CPI increase last year. In response to Councilmember Van Cleavers inquiry. Director Naiyer stated that this service was last sent out to bid two years ago. A motion was made to direct staff to solicit bids for this service. MOTION: Councilmember Pacheco SECOND: Councilmember Gair Carried PUBLIC HEARING PUBLIC HEARING TO CONSIDER ADOPTING THE CITY'S 2002 CONGESTION MANAGEMENT PROGRAM LOCAL IMPLEMENTATION REPORT SOO-IB) Principal Planner Harbin presented the report as follows: The City Council is requested to conduct a public hearing and adopt a Resolution relating to the annual Congestion Management Program. Mayor Lozano declared the public hearing OPEN for public participation. There was no one wishing to speak, therefore Mayor Lozano declared the public hearing CLOSED. A motion was made to waive further reading, read by title only and adopt Resolution No. 2002-076 entitled. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA. FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM CMP) AND ADOPT THE CMP LOCAL IMPLEMENTATION REPORT. IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089." MOTION: Councilmember Gair SECOND: Councilmember Garcia Carried BIB] 37638-U01 2002-U02 08-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8880-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 08 21 CC MIN(Ììœì City Council Minutes August 21, 2002 Page 6 PUBLIC HEARING TO CONSIDER AN APPEAL TO THE CITY COUNCIL RELATING TO THE PLANNING COMMISSION'S DECISION TO APPROVE A REQUEST FOR A CONDITIONAL USE PERMIT WHICH ALLOWS TWO 2) SINGLE FAMILY DWELLING UNITS ON A LOT WITH GREATER THAN 10,000 SQ. FT. OF LOT AREA; LOCATION: 4125 CENTRAL AVENUE; APPELLANT: MARY E. DOUGHERTY; CASE NO.: CP-648) Continued from July 17, 2002) 430-20) Planning Technician Jorge Zarza presented the report as follows: At the Council Meeting of June 5, 2002. staff was directed to work with the applicant on a revised design of the proposed home from a two-story to a one-story residential dwelling. On July 29th, staff met with the applicant, the architect, the project engineer, and appellant Mary Doughterty to discuss the single story site plan. On August 1st, staff met with the applicant, the architect and the project engineer who agreed to revise the existing plan and to construct a single story dwelling. In an effort to get this item on the agenda for tonight's meeting, a revised plan has been submitted showing the single story dwelling. As a condition of approval, the applicant will be required to submit a new floor, elevation, site and landscape plans. Staff and the Planning Commission recommend that the City Council adopt the Resolution which approves the construction of a second dwelling on the subject property. Mayor Lozano declared the public hearing OPEN for public participation. PROPONENTS: Don Inman, Principal Engineer on subject project, stated that he has been working closely with the Planning staff and has been trying to work with appellant Ms. Doughterty. The property owner has no problems with the conditions that have been placed by the Planning Department. Mr. Inman requested favorabte consideration and approval of the proposed development. Mr. Bill Vu, Project Developer, stated that all of Planning Commission and City Council concerns have been addressed. Mr. Vu stated that that he favored the original plan. noting that there were no variances and aff the requirements had been met. At this time, he is requesting Council approval of the proposed revised plan. OPPONENTS: Gary A. Kovacic, Attorney representing appellant Mary Dougherty, summarized appellant Dougherty's concerns stating that Ms. Dougherty is requesting the following conditions of approval: 1) that there be a specific condition concerning the single-story; 2) that there be a specific condition that no windows peer down mto appellants back yard; 3) that the city's regulations concerning retaining walls apply to this project; and 4) that a condition is made to reassure that there will be no drainage into appellant's property; and 5) that the structure be consistent with the city's design review guidelines and that appellant be given an opportunity to participate in the design review process. Ms. Mary Dougherty, appellant, acknowledged the accuracy of the comments made on her behalf by her legal counsel. She referred to documentation in the file, noting that it slightly misrepresents her concerns in that Council has received a protest not only from the BIB] 37638-U01 2002-U02 08-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8880-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 08 21 CC MIN(Ììœì City Council Minutes August 21, 2002 Page 7 appellant, but also from Rose Baca, the homeowner of the adjacent property, and Ms. Baca's tenant, Andre. who have ateo submitted a written protest, Ms. Doughterty is especially concerned that the existing documentation indicates that the wall is not designed to be a retaining wall. noting that the excess dirt from the wall area wodd wash out onto her property. In addition. Ms. Dougherty expressed concern that an 8' wall may possibly fait on top of her tenants. She further stated that several neighbors and residents are present tonight to speak about this project. The following persons spoke in opposition of the project: Herbert Andre Carlie. 4130 Grace Ave., stated that he was one of the individuate who initially signed the plan however, was unaware of what was actually being built behind his property. He stated that he is opposed to the project. Mark Voorhis, 4126 Grace Ave, stated that he is Ms. Doughert/s tenant. Mr. Voorhis expressed concern with the wall and the spacing of the fence from his property. He fears that the wall, as designed may topple over and cause potential harm to his children. Other than that, Mr. Voorhis is satisfied with a one-story rather than a two-story structure. Mike Madrid, 4140 Grace Ave., opposes the project. Kenny Estrada, 4121 Grace Ave. stated that he does not agree with a two-story structure. With regards to the single story, he expressed concern with the window issue, being so close to the adjacent properties. Adrian Chavez, 4122 Grace Ave., was assisted by Mayor Pro Tern Garcia as interpreter. Mr. Chavez stated he lives directly behind the subject property and feels that it is too close to his property. He will have no privacy because of its closeness. Mr. Chavez inquired as to what can be done so that the project does not continue. PROPONENT REBUTTAL Developer Vu responded to opponent comments as follows: With regards to the first issue, developer did meet with appellant and the advice from the city at that time. was that the city would be sending plans to Ms. Doughtery. Secondly, approximately five houses away from the project location, there is currently construction taking place of a two-story structure. Mr. Vu inquired as to why that particular project has not subjected to compliance measures as his project has been. Regarding the window issue. Mr. Vu stated that the issue of windows looking down at neighboring property bedrooms has been taken into consideration. He stated that there is a legal requirement, Title 24, which requires a certain amount of lighting. Mr. Vu stated that he sent a letter to appellant Rose Baca. Vincar Baca is the owner of title on the property. Mr. Baca replied to Mr. Vu's letter and has since then, conversations have taken place between the project Engineer and Rose and Vincar Baca. Ms. Baca was not completely aware of the entire situation until she received the plan and the property comparable market analysis. The Baca property is currently on the market and Mr. Vu indicated that he has had conversations with the Real Estate Broker, who has expressed support of this project. BIB] 37638-U01 2002-U02 08-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8880-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 08 21 CC MIN(Ììœì City Council Minutes August 21. 2002 Page 8 With regards to the fence, Mr. Vu stated that this matter will be addressed at the time when the permits are applied and inspections are conducted. Mr. Vu stated that the decision as to whether or not the wall should be a retaining wall, is that of the City. If in fact a retaining wall is required, that issue will be mitigated with appropriate footings. With regards to the drainage. Mr. Vu stated that rt is a legal requirement to drain water to the front of the property. The Engineers and grading inspector's wffl ascertain that the project is designed as such. Mr. Vu continued by stating that the neighbor directly behind Ms. Baca's tenant, has signed the pten in support of the project. He further stated that aH the adjacent neighbors, with the exception of Ms. Doughterty, have indicated their support by signing the plan. Mr. Don Inman, project Engineer, stated that a grading plan has not yet been prepared. He noted that the City requires that all the drainage to the street. Tentative plans are install yard drains in the back yard and run pipe through the street. With regards to the wall, if the plans require a retaining wall. that would be accomplished by the developer without infringing on the neighbors property. In response to the window situation. Mr. Inman stated that eliminating the windows is not an option to the developer specifically because that is a state law requirement. He further stated that the owner will mitigate this issue by placing the windows in areas that would avoid peering into a neighbor's back yard. Mr. Inman further stated that ail of the appellant's concerns will be addressed when the plans are completed and they reach the design review stage of this process. Mr. Vu concurred with Mr. Inman, stating that all of the concerns can be addressed. He further stated that the owner is not asking for any special variances, noting that all of the code requirements have been met. OPPONENT REBUTTAL Attorney Kovacic spoke on behalf of appellant Dougherty. He submitted for the record, a photograph depicting the current status of construction. Mr. Kovacic noted that presumably, construction has taken place without final approval by the city. As such, Ms. Dougherty's concerns are legitimate with regards to what the city is going to require. Mr. Kovacic continued by stating that if in fact ft is deemed that the structure should be that dose to the fence, that the conditions are specific as to what that structure is. The appellant is requesting that the condition specifically state that it only be a one-story structure, and that windows be prohibited from being installed that would allow one to took onto adjacent properties, and. that the conditions clearly state the conditions with regards to the wall and drainage. Mr. Kovacic further stated that since the project did not have permits and/or inspection for the construction, at minimum, the city should reassure that the project is in compliance with all city rules and regulations. PROPONENT REBUTTAL Mr. Vu, property developer stated that the property was in fact inspected. He further stated that the work was approved by the Building Official and that he proceeded in the manner of which he was instructed to do so by the City. BIB] 37638-U01 2002-U02 08-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8880-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 08 21 CC MIN(Ììœì City Council Minutes August 21, 2002 Page 9 There was no one else wishing to speak, therefore Mayor Lozano declared the public hearing CLOSED. COUNCIL COMMENTS Councilmember Van Cleave expressed concern with the handling of this project. Coundlmember Gair expressed concern with the fact that the project was started without permits and the land has not been graded. At this point, it is unknown to the City if whether or not all aspects of the code requirements have been met, for example, proper compaction of the dirt that has been brought in. There is no evidence that indicates that the work which has been performed to date, is to code. Coundlmember Gair further commented that she objects to placement of windows that would allow a view to the neighbor's property from a 5' distance. She feels that one of the windows should be moved. With regard to the drainage issue. Councilmember Gair stated that the city needs to have assurances that protection would be given to the adjacent property owner. Councilmember Gair feels that the project should be torn down. stating that she would not support approving this project without first receiving from staff, information as to what the affect is on building on land that is not properly graded and not property inspected. She ateo inquired as to how far along was this building constructed when it finally got inspected. Councilmember Gair requested to continue this matter and asked for the opportunity to meet with staff and review the project file. Councifmember Pacheco commented that the City has an obligation to apply the rules and regulations of the city and in this case. that involves going back to ascertain that the project is constructed in accordance with the code. He concurred with Councilmember Gair that this matter should be continued. A motion was made to continue this matter to an unspecified date, and that staff schedule to meet with Coundlmember Gair to review the project file as requested. MOTION: Coundlmember Gair SECOND: Coundlmember Van Cleave Carried Mayor Lozano expressed dismay that this project had commenced without the required permits. He feels that it is unfortunate that the owner and/or developer were mislead however, as indicated in previous council comments, it is the City's obligation to ascertain that all construction is completed in accordance with the code. Mayor Pro Tern Garcia echoed the concerns of the Council. She is also concerned that this matter went before the Planning Commission, process and approved, without them having knowledge that permits were not obtained. She asked that steps be taken so that this type of situation does not happen again. Councitmember Gair suggested that this matter be brought back as a study session item and that all those individuals who spoke this evening, receive notification of any future meetings relating to this matter. BIB] 37638-U01 2002-U02 08-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8880-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 08 21 CC MIN(Ììœì City Council Minutes August 21, 2002 Page 10 PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION APPROVING AN INCREASE TO AB 939 COMMERCIAL FEES AND ALLOCATING FUNDS FOR THE PURPOSE OF INCREASING SOLID WASTE DIVERSION Continued from August r, 2002) SUMO) Director Naiyer noted that this matter was continued by the City Council at its meeting held August 7, 2002- As requested, additional information is provided with regards to the types of programs that will be implemented utilizing AB 939 Fees. Mayor Lozano declared the public hearing OPEN for pubtic participation. There was no one wishing to speak, therefore Mayor Lozano declared the public hearing CLOSED. Director Naiyer invited Public Works Supervisor Lemm-Hams to speak on this matter. Supervisor Lemm-Hams provided a report as follows: The AB 939 fee is a fee that is paid to Waste Management and is collected as part of the invoice and reimbursed to the City on a quarterly basis. This funds all of the Ctt/s programs to aid the residential and business sector to develop, implement, design and create diversion programs to meet the very restrictive AB 939 goat of 50% for the year 2000. The AB 939 legislation allows the city to charge this fee to its refuse customers in order to help fund and futfill the requirements of this Assembly bill. COUNCIL COMMENTS In response to Councilmember Pacheco's inquiry. Supervisor Lemm-Hams stated the commercial sector is VA% of the gross receipts which was established in the early 90's. Unfortunately, in 1999. when the residential sector was addressed, the city opted to wait until a future date to address the commercial diversion. There is now a tremendous improvement in the residential sector however, it is now time to begin to address the commercial sector. which is very far behind the diversion requirements, at approximately 5%, in comparison to the residential sector which is at approximately 28%. Supervisor Lemm-Hams expressed concern that if the commercial sector is not addressed, the City will not be able to maintain the city's good faith effort. The city is currently under a compliance order for failing to meet 1995 mandates of 25%. of which the city is in the process of addressing. Supervisor Lemm-Hams emphasized the importance of working with the business community. Councilmember Pacheco asked if whether any grants have been applied for that would offset the cost of this program. Supervisor Lemm-Hams stated that staff has not found any available grants to municipalities. There are however, grants available to private sector applicants and one of the goals is to provide a service to the private sector that will assist them apply and receive those available grant funds. In answer to Councilmember Pacheco*s inquiry. Supervisor Lemm-Hams stated that the recycling efforts in the commercial sector have been very basic. The focus has primarily been on the residential sector. BIB] 37638-U01 2002-U02 08-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8880-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 08 21 CC MIN(Ììœì City Council Minutes August 21, 2002 Page 12 Councilmember Gair complimented Mr. Anderson on Waste Management's easy payment system available on the internet. Councilmember Pacheco stated that an increase was given approximately 2 years ago, and does not understand why this is coming to council for an additional increase. A motion was made to waive further reading, read by title only and introduce for first reading, Ordinance No. 1192 entitled. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CHAPTER 50, SECTION 19 OF TITLE V OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO FEES FOR REFUSE COLLECTION AND CURBSIDE RECYCLING SERVICES." MOTION: Councilmember Gair SECOND: Mayor Pro Tern Garcia Carried NOES: Councilmember Van Cleave and Councilmember Pacheco REPORTS OF OFFICERS PLANNING COMMISSION APPOINTMENTS AND/OR REAPPOINTMENTS 110-20) CARRIED OVER FROM AUGUST 7. 2002) A motion was a made to waive further reading, read by title only and adopt Resolution No. 2002-058 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK. AMENDING RESOLUTION NO. 2001-117, APPOINTING GLORIA 1. GONZALEZ TO OFFICE NO. 3. ANTHONY JULIAN BEJARANO TO OFFICE NO. 4, AND MILAGROS G. ALBA TO OFFICE NO. 5, OF THE PLANNING COMMISSION." MOTION: Mayor Pro Tern Garcia SECOND: Councilmember Gair Carried ALTERNATE FUNDING FOR DOWNTOWN MASTER PLAN DOWNTOWN MAIN STREET VISIONS DMSV) RELATED MATTER. AGENDA ITEM 3-D) eoo-30) A motion was made to authorize General Funds in the amount of $89,500 as an alternate funding source to pay for the Consultant Service Agreement with Downtown Main Street Visions DMSV) for the preparation of the Downtown Master Plan. MOTION: Councilmember Gair SECOND: Mayor Pro Tern Garcia Carried NOES: Councilmember Van Cleave USE OF THE MEXICAN CONSULAR IDENTIFICATION CARD AS A VALID FORM OF IDENTIFICATION VAULT) A motion was made to accept on a six-month trial basis, the Matricula Consular cards as an acceptable means of identification and at the end of the six-month trial period, review trial program and evaluate the card's continued acceptance as identification. MOTION: Councifmember Gair SECOND: Councilmember Van Cleave Carried BIB] 37638-U01 2002-U02 08-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8880-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 08 21 CC MIN(Ììœì 2002 08 21 CC MIN(Ììœì City Council Minutes August 21, 2002 Page 14 Mayor Lozano announced that planning is in the process for a September 11 Remembrance ceremony. Details are forthcoming. NOISE ENFORCEMENT Councilmember Gair commended the Police Department on their enforcement of the noise policy. MEMORIAL POLICY Councilmember Gair requested that a City policy regarding the length of time to display memorials on pubtic right-of-way be drafted and brought back to City Council for review and approval. TOWING FRANCHISE DISCUSSION Councilmember Gair requested that the Towing Franchise issue be placed on the September 4, 2002 City Council Agenda. CABLE Councilmember Gair inquired if in fact the Adelphia Agreement was being monitored by staff. Chief Executive Officer KeHer responded that it is. SPECIAL THANKS TO POLICE AND FIRE DEPARTMENT City Clerk Tizcareno commended the Police Department and Fire Department for their timely response to an emergency situation which personally involved her. REQUEST FOR CROSSWALK INSTALLATIONS City Treasurer Contreras inquired as to whether a crosswalk would be installed on Badillo, near Baldwin Park High School. Councilmember Van Cleave inquired as to whether a crosswalk would be installed on Fransquito & Baldwin Park Blvd., and Fransquito and Frazier. ADJOURNMENT There being no further matters for discussion, the meeting was adjourned at 9:30 p.m., in memory of senior Baldwin Park resident LaVeme and Debbie Han who have recently passed away. Approved byrtH^-Couhcil at their meeting held September 4, 2002. Rosemary MT^i^irez, CMC Chief Deputy City Clerk BIB] 37638-U01 2002-U02 08-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8880-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 City Council Minutes August 21, 2002 Page 13 APPROPRIATION OF AB 1693 FUNDS FOR SPECIFIC PROGRAMS PROVIDED BY THE BALDWIN PARK CHAMBER OF COMMERCE RELATED MATTER, AGENDA ITEM 3-B) 600-60) Report Presented by: Judy Mann, Chamber of Commerce President A motion was made to approve the proposal as submitted in the amount of $80.050 to be allocated from AB 1693 Funds. MOTION: Councilmember Gair SECOND: Councilmember Pacheco Carried STATUS OF THE CITY OF BALDWIN PARK'S PARTICIPATION IN THE SAN GABRIEL VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT W-M) Assistant to the CEO Bouton presented the report as follows: The purpose of this report is to update the City Council on the City of Baldwin Paries ability to respond to mosqurto infestations and options for Joining the San Gabriel Valley Mosquito and Vector Control District. She stated that there has been some concern about the danger of mosquito infestation and to possible spread on the West Nile Disease. Currently, the City does not have staff trained to treat mosquito infestations and can only forward instances of standing water with the potential for mosqurto infestation to the Los Angeles County Heafth Department. Representatives of the District have been contacted about this predicament and have agreed to enter into a contract with the City to provide interim services until the City is able to join the Vector Control District. Representatives of the District have obtained information on areas where mosquitoes might congregate in order to determine the amount of service the City might need. Requesting authority from the City Council to review the proposal and enter into an agreement with the District. Councilmember Van Cleave requested staff to look into available grant money for funding. Councilmember Gair expressed her disappointment with the length of time it has taken to bring this matter before the City Council. Mayor Lozano thanked Steve West and looks toward to working with the District. After a brief discussion, a motion was made to authorize the Chief Executive Officer to enter into an Agreement with the Vector Control District and appropriate the necessary funds not to exceed $15,000 per year for the Agreement MOTION: Councilmember Van Cleave SECOND: Councilmember Gair Carried COUNCIL / STAFF REQUESTS AND COMMUNICATIONS REQUEST FROM MAYOR LOZANO FOR DISCUSSION OF POSSIBLE PROGRAMS AND ACTIVITIES ON SEPTEMBER 11, 2002, IN REMEMBRANCE OF THOSE WHO LOST THEIR LIVES ON SEPTEMBER 11, 2001, AS WELL AS THOSE MEMBERS OF THE ARMED FORCES WHO SINCE SEPTEMBER II™ HAVE LOST THEIR LIVES IN THE SERVICE OF THEIR COUNTRY IN THE FIGHT AGAINST TERRORISM AROUND THE WORLD BIB] 37638-U01 2002-U02 08-U02 21-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8880-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06