HomeMy WebLinkAbout1989 03 15 CC MIN1989 03 15 CC MINòw @˜ u â CC MIN MAR 15 1989à›[H3W 8 REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK, CITY
HALL, 14403 EAST PACIFIC AVE,
WEDNESDAY, MARCH 15, 1989 AT 7:00
P.M.
The City Council of the City of
Baldwin Park met in regular session
in Council Chambers at 7:00 p.m.
ROLL CALL: PRESENT: COUNCILMEMBERS GIBSON, IZELL, ROLL CALL
LOWES, MCNEILL AND MAYOR KING
ALSO PRESENT: City Manager Webb,
City Attorney Flandrick,
Dir. of Admin Services Yelton,
Dir. of Comm. Services Smith,
Dir. Housing & Economic
Development Hemer,
Dir. of Human Services Lucas,
Chief of Police Hoskin,
City Planner Rangel,
City Treasurer Montenegro, and
City Clerk Gair
00-
Mayor King read the proclamation proclaiming April as PROCLAMA-
Bougainvilla Month" and presented the proclamation to TIONS
Baldwin Park Woman's Club representatives, June Glass,
President and Marie Kirk.
Mayor King also read the Earthquake Preparedness Month"
proclamation and presented it to Chief Hoskin. This
proclamation was presented in conjunction with the
Govenor's Office.
00-
ORAL COMMUNICATIONS
Mayor King declared Oral Communications open and invited ORAL COMMU
those wishing to speak on any subject to come forward. NICATIONS
OPEN
Alice Hernandez, 4232 La Rica Avenue, spoke against ALICE
the change of zone from Ra to RG on La Rica. HERNANDEZ
Dorothy Harper, 14006 E. Olive Street, expressed her DOROTHY
enjoyment and enthusiasm in serving as a city HARPER
commissioner and stated that she was pleased with the
progress of the City.
Mayor King declared Oral Communications closed. CLOSED
00-
City Clerk Gair presented the Consent Calendar: CONSENT
CALENDAR
1. Approval of Certificate of Posting for
March 15, 1989
2. Approve Proclamation Proclaiming
Existence of a Local Emergency
3. Approve Minutes of February 15, 1989
and February 23, 1989
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OF THE CITY OF BALDWIN PARK PAGE TWO
4. Waive Further Reading and Adopt
RESOLUTION NO. 89-21 ALLOWING CLAIMS
AND DEMANDS
AGAINST THE CITY
OF BALDWIN PARK
5. Waive Further Reading and Adopt
ORDINANCE NO.1013 ADDING CHAPTER 1.20 OF
Second Reading) THE BALDWIN PARK
MUNICIPAL CODE RELATING
TO PUBLIC SAFETY
DISPATCHER PROGRAM
6. Receive and File Treasurer's Report
February 28, 1989
7. Approve Budget Amendment Purchase of
Replacement vehicle Police Department
Crime Prevention Vehicle
8. Approve Budget Amendment Capital Improvement
Program Modification to Vineland/Francisquito
Traffic Signal
9. Approve Budget Amendments Mid-Year Follow-up
10. Waive Further Reading and Adopt
RESOLUTION NO. 89-22 AMENDING CERTAIN
AGREEMENTS PERTAINING
TO THE BALDWIN PARK
PUBLIC FINANCING
AUTHORITY CERTIFICATES
OF PARTICIPATION
CIVIC PROJECTS)
11. Approve Lease Agreement Telecommunications
System Security Pacific Subject to
City Attorney Review
The following items were removed from the Consent Calendar ITEMS
for separate consideration: Items No. 7, 8 and 9 at the REMOVED
request of councilwoman Lowes
It was moved and seconded to approve Items No. 1-6 and CONSENT
10-11 of the Consent Calendar as presented. M/S/C: CALENDAR
LOWES/IZELL. There were no objections. ITEMS NO.
1-6, 10-11
APPROVED
Councilwoman Lowes stated that regarding Item No. 7 and ITEM NO. 7
the purchase of the Crime Prevention vehicle that with DISCUSSION
the City budget as it is and since we have been without
a vehicle since December 12th that the City do without
Z this vehicle for a while longer.
Chief of Police Hoskin stated that staff had considered
whether the replacement of the vehicle was proper at
this time. He explained the adverse effects that the
absence of this vehicle will cause on the Crime
Prevention program in the schools and that it has
already caused inconvenience and effected the schools.
He said that a delay in the purchase will ultimately
result in higher costs to the City.
In response to Mayor King's inquiry, City Manager Webb
stated that this would be an eligible of the Asset
Seizure Funds, but funds have been set aside since 1980
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1989 03 15 CC MINòw @˜ u â CC MIN MAR 15 1989à›[H3W 8 REGULAR MEETING OF THE CITY COUNCIL MARCH 15, 1989
OF THE CITY OF BALDWIN PARK PAGE THREE
for the anticipated replacement of the vehicle. The
impact of spending Asset Seizure Funds instead of the
replacement funds is that the Asset Seizure funds would
no longer be eligible for anti-narcotics law enforcement
use and the City would save in the replacement fund for
the cost of replacement.
It was moved and seconded to approve Item No. 7 of the ITEM NO. 7
Consent Calendar as presented. M/S?C: MCNEILL/GIBSON. APPROVED
Councilwoman Lowes objected to the motion. WITH
OBJECTION
Z Councilwoman Lowes stated the reasons that she felt a ITEM NO. 8
modification to the traffic signal at Vineland and DISCUSSION
Francisquito was not justified. In response to those
objections Director of Community Services Smith
explained that a report was received from the Police
Department earlier this year indicating there were some
real problems with people trying to make a left turn at
these streets. He further explained the potential
problems that could arise if there were an injury
accident at this signal.
In response to Mayor King's request, City Attorney
Flandrick stated that Mr. Farmer, consultant City
Traffic Engineer, is merely indicating to the City that
this modification would be helpful in avoiding a
potential problem. He is not stating that the signal at
the present time constitutes, in his judgement, a
dangerous and defective condition, he is indicating that
a betterment would be appropriate. There is no way to
predict what a jury might do with this, but this is one
way of solving the problem, there may be others, like
prohibiting left turns.
Councilwoman Lowes stated that she would like to
reiterate that the only place to go when turning left at
this signal is into a gas station.
City Attorney Flandrick stated that the officer did not
render an opinion that there was a dangerous condition
at this signal and that this is not correct. The
officer indicated that there may be a problem there that
warrants action to be taken.
Mayor King gave direction to hold Item No. 8 over until ITEM NO. 8
a later date. Council concurred. HELD OVER
Councilwoman Lowes stated that Item No. 9, in the ITEM NO. 9
budget amendments, allocates an extra $126,000 for DISCUSSION
unavoidable overtime for police and that she is
therefore opposed to the hiring freeze. She felt that
less than full police strength could lead to more
p- overtime pay and stress on police officers. She
recommended that department heads decide which positions
are essential to their department functioning smoothly
and which positions should or could be deleted and act
accordingly in conjunction with the City Manager.
Councilwoman Lowes stated that her intentions were to
not have a hiring freeze and instead to have the
department heads take the responsibility of deciding
what positions they need to operate their department.
She clarified that she was not saying to not allocate
the $126,00 in overtime, she pointed out that a hiring
freeze could cause less officers and lead to more
overtime.
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1989 03 15 CC MINòw @˜ u â CC MIN MAR 15 1989à›[H3W 8 REGULAR MEETING OF THE CITY COUNCIL MARCH 15, 1989
OF THE CITY OF BALDWIN PARK PAGE FOUR
City Manager Webb explained that there were no
vacancies in the police department. In fact the
department is one over authorized strength at this time.
Lifting the hiring freeze will not reduce overtime in
patrol. He further explained the adjustments that
are being considered in court stand-by overtime and
other overtime and the positions that would be held
vacant in the police department if they do occur.
In response to Mayor King's inquiry about a department
that needed to fill a position with a more productive
employee, but feared letting them go because they could
not make that replacement, City Manager Webb responded
that the freeze was not intended to be absolute and
explained that there are positions that have to be
filled and there are other positions that the City can
afford to maintain for sometime. He recommended that
some of the current vacancies be kept until the City's
fiscal condition can be re-evaluated and also that an
analysis be made of the pre-utility tax staffing levels
of the police department.
In response to Council comments Councilwoman Lowes
clarified that she was objecting to only one portion of
the budget amendment, the hiring freeze. She felt that
the department heads did not need a law or a formal
freeze to cooperate with what is needed to be done to
balance the budget.
City Manager Webb suggested, in response to some
concerns of the council, that along with the regular
status report, staff will inform Council of positions as
they become vacant. Currently there are 3 or 4 full
time positions vacant and it would not be a problem to
notify the Council as vacancies occur and which position
are vacant.
Councilwoman Lowes made a motion to lift the hiring MOTION
freeze. Councilwoman McNeill seconded that motion.
Councilman Gibson recommended to change that to a hiring
review instead of a hiring freeze. That this would be a
hiring review by the City Manager and basically would be
a voluntary hiring freeze. The City Manager could with
Council or a recommendation by department heads be able
to decide which positions should go unfilled and which
would not.
The motion was amended the motion to lift the hiring AMENDED
freeze and to state that this is a hiring review and the MOTION
City Manager will review all requests related to HIRING
positions and the Council will receive a weekly report FREEZE/
on the issues and the department heads will review the HIRING
positions in their department. M/S/C: LOWES/MCNEILL. REVIEW
There were no objections.
It was moved and seconded to approve Item No. 9 of the ITEM NO. 9
Consent Calendar. GIBSON/IZELL. There were no APPROVED
objections.
00-
PUBLIC HEARING
City Planner Rangel stated that Staff had received a CP-42 &
written request from Shell Oil Company to withdraw their ZV-580
appeal of the Planning Commission's decision to deny APPEAL
their application relating to CP-42 and ZV-580. The WITHDRAWN
applicant expects to resubmit a plan that will meet
applicable codes.
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1989 03 15 CC MINòw @˜ u â CC MIN MAR 15 1989à›[H3W 8 REGULAR MEETING OF THE CITY COUNCIL MARCH 15, 1989
OF THE CITY OF BALDWIN PARK PAGE FIVE
City Planner Rangel introduced the Public Hearing on Z- PUBLIC
485 & PM-1172, A request for approval of a zone change HEARING
from I, Industrial, to I(PD) Industrial Planned Z-485 &
Development Overlay), a Development Plan for a twelve PM-1172
12) lot subdivision pursuant to Sections 17.54 and INTRODUCED
16.01 respectively of the City Code Applicant: Baldwin
Park Business Associates; Location: Southwest corner of
Littlejohn Street and Spring Street)."
City Planner Rangel explained that this project involves
the construction of twelve concrete tilt-up industrial
buildings. He described the site plan, the circulation
system and the architectural design. The Planning
Commission 7-0) recommends approval of the project.
Mayor King declared the Public Hearing open and invited PUBLIC
those wishing to speak on 2-485 & PM-1172 to come HEARING
forward. OPEN
There were none. NONE
Mayor King declared the Public Hearing Closed. CLOSED
It was moved and seconded to approve the Negative NEG DEC
Declaration of Environmental Impact relating to Z-485. APPROVED
M/S/C: GIBSON/IZELL. There were no objections.
It was moved and seconded to adopt Resolution No. 89- RESOLUTION
23, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 89-23
BALDWIN PARK APPROVING A DEVELOPMENT PLAN AND TENTATIVE ADOPTED
PARCEL MAP CASE NO. Z-485 & PM-1172; APPLICANT:
BALDWIN PARK BUSINESS ASSOCIATES; LOCATION: SOUTHWEST
CORNER OF LITTLEJOHN AND SPRING STREETS LOTS 15, 16 & 17
OF PARCEL MAP NO.1142)." M/S/C: GIBSON/IZELL. There
were no objections.
It was moved and seconded to approve Ordinance No. ORDINANCE
1014, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NO. 1014
BALDWIN PARK APPROVING A CHANGE OF ZONE FROM I, INTRODUCED
INDUSTRIAL TO I PD) INDUSTRIAL PLANNED DEVELOPMENT
OVERLAY ON 4.64 ACRES CASE Z-485; APPLICANT: BALDWIN
PARK BUSINESS ASSOCIATES; LOCATION: SOUTHWEST CORNER OF
LITTLEJOHN AND SPRING STREETS, LOTS 15, 16 & 17 OF
PARCEL MAP NO. 1142)." M/S/C: GIBSON/LOWES. There
were no objections.
City Planner Rangel introduced the Public Hearing on 2- PUBLIC
486 & PM-1170, A request for approval of a zone change HEARING
from I, Industrial, to I PD) Industrial Planned Z-486 &
Development Overlay), a Development Plan for an eight PM-1170
8) lot subdivision pursuant to Sections 17.54 and INTRODUCED
16.01 respectively of the City Code Applicant:
Rockledge and Associates; Location: Lot 18, PM 1142)."
r City Planner Rangel explained that this project involves
the construction of seven concrete tilt-up industrial
buildings. He described the site plan, the circulation
system and the architectural design. The Planning
Commission 4-0) recommends approval of the project.
Mayor King declared the Public Hearing open and invited PUBLIC
those wishing to speak on Z-486 & PM-1170 to come HEARING
forward. OPEN
John Hawkins, applicant, 1805 E. Garey, Santa Ana, JOHN
stated that the conditions are agreeable and acceptable HAWKINS
and thanked staff for their work on the project.
Mayor King declared the Public Hearing Closed. CLOSED
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1989 03 15 CC MINòw @˜ u â CC MIN MAR 15 1989à›[H3W 8 REGULAR MEETING OF THE CITY COUNCIL MARCH 15, 1989
OF THE CITY OF BALDWIN PARK PAGE SIX
It was moved and seconded to approve the Negative NEG DEC
Declaration of Environmental Impact relating to Z-486. APPROVED
N/S/C: GIBSON/IZELL. There were no objections.
It was moved and seconded to adopt Resolution No. 89- RESOLUTION
24, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 69-24
BALDWIN PARK APPROVING A DEVELOPMENT PLAN AND TENTATIVE ADOPTED
PARCEL MAP CASE NO. Z-486 & PM-1170; APPLICANT:
ROCKLEDGE ASSOCIATES; LOCATION: EAST OF I-605 FREEWAY,
WEST LITTLEJOHN STREET, SOUTH OF OLIVE STREET AND NORTH
OF LOS ANGELES STREET." N/S/C: GIBSON/IZELL. There
were no objections.
It was moved and seconded to approve Ordinance No. ORDINANCE
1015, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NO. 1015
BALDWIN PARK APPROVING A CHANGE OF ZONE FROM I, INTRODUCED
INDUSTRIAL TO I PD) INDUSTRIAL PLANNED DEVELOPMENT
OVERLAY ON 4.64 ACRES CASE Z-486; APPLICANT: ROCKLEDGE
ASSOCIATES; LOCATION: EAST OF I-605 FREEWAY, WEST OF
LITTLEJOHN STREET, SOUTH OF OLIVE STREET AND NORTH OF
LOS ANGELES STREET, LOT 18 OF PARCEL MAP NO. 1142)."
M/S/C: GIBSON/LOWES. There were no objections.
City Planner Rangel introduced the Public Hearing on PUBLIC
Z-487, A city initiated request, pursuant to Chapter HEARING
17.54 of the City Code, to change the zoning of Z-487
approximately 2.6 acres of land from P3, High Density INTRODUCED
Residential to RG, Residential Garden Applicant; City
of Baldwin Park; Location: 4218-4242 La Rica Avenue)."
City Planned Rangel explained that this property is STAFF
recommended to be rezoned to RG to be consistent with REPORT
the properties General Plan Land Use designation. The
change would create a transitional buffer, which is a
step-down in density, between the RI and the R3 areas
surrounding the property. This zone change will result
in a 44 percent reduced density.
Mayor King declared the Public Hearing open on Z-487 and PUBLIC
invited those wishing to speak on this subject to come HEARING
forward. OPEN
Speaking in opposition to the zone change were:
Mrs. Melendez, 4122 La Rica Street IN
Alice Hernandez, 4232 La Rica Street OPPOSITION
Speaking in favor of the zone change was:
Ed Huetinck, 13059 Amar Road IN FAVOR
Mayor King declared the Public Hearing Closed. CLOSED
Z It was moved and seconded to approve the Negative NEG DEC
Declaration of Environmental Impact relating to Z-487. APPROVED
M/S/C: LOWES/MCNEILL. There were no objections.
It was moved and seconded to approve Ordinance No. ORDINANCE
1016, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NO. 1016
BALDWIN PARK APPROVING A CHANGE OF ZONE FORM R3 TO RG ON INTRODUCED
2.6 ACRES CASE NO. Z-487; APPLICANT: CITY COUNCIL;
LOCATION: 4218 THRU 4242 NORTH LA RICA AVENUE)." N/S/C:
LOWES/MCNEILL. There were no objections.
Director of Community Services Smith introduced the PUBLIC
Public Hearing on, Approving a Street Vacation, HEARING
Downing/ California/ Baldwin Avenues 89-V-1)." 89-V-1
INTRODUCED
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1989 03 15 CC MINòw @˜ u â CC MIN MAR 15 1989à›[H3W 8 REGULAR MEETING OF THE CITY COUNCIL MARCH 15, 1989
OF THE CITY OF BALDWIN PARK PAGE SEVEN
Director of Community Services Smith explained that the STAFF
general plan in 1982 deleted a proposed street in the REPORT
area described. Prior to this the City received a
future street easement in a lot split case. The owner
of the property is requesting that the City initiate
vacation proceedings for the future street easement
adjacent to his property.
Mayor King declared the Public Hearing open on the PUBLIC
street vacation and invited those wishing to speak on HEARING
Z this subject to come forward. OPEN
Eli Roca, 14637 California Street, asked if the property ELI ROCA
owner was getting his property back and requested that
the public notices be stated more clearly.
Mayor King declared the Public Hearing closed. CLOSED
Councilman Izell made a notion to adopt Resolution No. MOTION
89-25 with the condition that the person receiving the WITH
land reimburse the City for the costs of giving it to CONDITIONS
him. The motion was seconded by Councilwoman McNeill.
The motion before Council was discussed and DISCUSSION
Councilmembers expressed their concerns about whether
the people were paid for the land originally and about
the added costs to property owners. Staff also
explained some of the procedures used in dedicating
property and lot splits.
Councilman Izell withdrew his motion.
It was moved and seconded to adopt Resolution No. 89- RESOLUTION
25, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 89-25
BALDWIN PARK ORDERING THE VACATION OF A FUTURE STREET ADOPTED
EASEMENT BETWEEN CALIFORNIA AVENUE AND BALDWIN AVENUE
WEST OF BLEECKER AVENUE 89-V-1)." M/S/C:
LOWES/MCNEILL. There were no objections.
00-
REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES
Chief of Police Hoskin explained that the Council is DRIVING
requested to approve an ordinance to allow for the UNDER THE
recovery of costs associated with alcohol and/or drug INFLUENCE
related traffic offenses. He explained the changes in SERVICE
California law that provide for recovery of costs and FEE
the maximum amount allowed as recoverable costs per
incident. He told of other cities that have similar
programs and stated that this could possibly equate to
$10,000 annually to the City.
It was moved and seconded to approve Ordinance No. ORDINANCE
1017, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NO. 1017
BALDWIN PARK AMENDING THE MUNICIPAL CODE RELATING TO INTRODUCED
RECOVERY COSTS ASSOCIATED WITH EMERGENCY RESPONSES."
M/S/C: IZELL/GIBSON. There were no objections.
Director of Community Services Smith explained that the STAFF
ordinance before Council will add to the list of life REPORT
hazardous situations one which arises from the
maintenance or storage of hazardous waste or materials.
This code amendment would allow the City to immediately
abate a hazardous situation under emergency abatement
procedures.
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1989 03 15 CC MINòw @˜ u â CC MIN MAR 15 1989à›[H3W 8 REGULAR MEETING OF THE CITY COUNCIL MARCH 15, 1989
OF THE CITY OF BALDWIN PARK PAGE EIGHT
Councilwoman Lowes expressed her concern that the term DISCUSSION
hazardous waste material is not clarified and could
mean other materials and would include every home in the
City. She felt that the wording or other situations
dangerous to human life" in the code are sufficient and
the addition recommended could lead to a broad
interpretation of what may constitute hazardous
materials and that abatements should have the right to
the notice, hearing and appeal procedures.
city Attorney Flandrick explained that this amendment
will amend that section of the code that deals with the
designation of what constitutes a nuisance, and nothing
would happen until a noticed public hearing has been
held. A finding of nuisance could not be held unless
the staff and, on appeal, the City Council found that
hazardous waste or material existed, was maintained on
the property and could be injurous to the public. The
emergency abatement proceedings, which can be instituted
by the City Manager, is only where there is a direct and
immediate threat to persons or property.
City Attorney Flandrick stated that the language could ITEM HELD
be revised and a modification and redraft be brought OVER
before the Council again. Council concurred.
City Attorney Flandrick requested that the Development DEVELOP
Standards item be held over so that all items relating KENT
to this can be reviewed. STANDARDS
HELD OVER
00-
COUNCIL INITIATIVES
Mayor King stated that the Hiring Freeze discussion HIRING
requested had already been done and voted on under Item FREEZE
No. 9 of the Consent Calendar.
City Attorney stated the next item is an amendment to SUBSEQUENT
the agenda and is based upon a subsequent need, due to NEED ITEM
the need for this resolution coming about after the REQUESTED
posting of the agenda and the requirement that the
Council act on the resolution because a subsequent
council meeting would not be timely to approve the Air
Quality Management Plan.
It was moved and seconded to placed the resolution MOTION TO
supporting the AQMP plan on the agenda as a subsequent PLACE ITEM
need item. K/S/C: IZELL/MCNEILL. There were no ON AGENDA
objections.
It was moved and seconded to adopt Resolution No. 89- RESOLUTION
26, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 89-26
BALDWIN PARK SUPPORTING THE AIR QUALITY MANAGEMENT PLAN ADOPTED
A- AQMP)." K/S/C: MCNEILL/LOWES. There were no
objections.
00-
The regular meeting of the City Council was recessed at MEETING
8:25 p.m. RECESSED
The regular meeting of the City Council was reconvened RECONVENED
at 8:31 p.m. Roll Call remained the same.
00-
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1989 03 15 CC MINòw @˜ u â CC MIN MAR 15 1989à›[H3W 8 REGULAR MEETING OF THE CITY COUNCIL MARCH 15, 1989
OF THE CITY OF BALDWIN PARK PAGE NINE
CLOSED SESSION
Mayor King adjourned the Council to a Closed Session at CLOSED
8:32 p.m. SESSION
City Attorney Flandrick stated that the Closed Session
is permitted pursuant to Section 54956 b) of the
Government Code.
The Council was reconvened at 9:05 p.m. Roll Call
remained the same.
City Attorney Flandrick stated that no action was taken
in Closed Session and no further action is required now.
There was a concensus of the Council's comments on the
claims involved and no further action is required at
this time.
00-
It was moved and seconded to adjourn the regular meeting MEETING
of the City Council at 9:07 p.m. M/S/C: IZELL/LOWES. ADJOURNED
There were no objections. 9:07 P.M.
BIB]
37175-U01
CC-U02
MIN-U02
MAR-U02
15-U02
1989-U02
LG1-U03
LI1-U03
FO3794-U03
FO3837-U03
FO3845-U03
DO3847-U03
C4-U03
MINUTES1-U03
10/11/2001-U04
ADMIN-U04
BIB]
37260-U01
1989-U02
03-U02
15-U02
CC-U02
MIN-U02
LG1-U03
LI1-U03
FO3794-U03
FO8598-U03
DO3847-U03
C4-U03
MINUTES1-U03
10/11/2001-U04
ADMIN-U04
CITY-U05
COUNCIL-U05
MINUTES-U05