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HomeMy WebLinkAbout1989 09 06 CC MIN1989 09 06 CC MINòw @˜vCC MIN SEP 6 1989[Þ›[H3x8 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVENUE, WEDNESDAY, SEPTEMBER 6, 1989, 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, MCNEILL ROLL CALL LOWES AND MAYOR KING ALSO PRESENT: Acting City Manager Yelton, City Attorney Flandrick, Acting Dir. of Community Services Rangel, Acting Dir. of Economic Development Pearce, Acting Dir. of Housing Smith, Dir. of Human Services Lucas, Chief of Police Hoskin, City Treasurer Montenegro, Deputy City Clerk Sharp, and City Clerk Gair 00- PRESENTATIONS Chief of Police Hoskin introduced Police Officer Brian OATH Hulz and gave a background description of the officer. OF City Clerk Gair gave the Oath of Office to the OFFICE officer. 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 Leora Richards, 3336 Millbury, stated that she was LEORA against the Baldwin Park Police Association being RICHARDS allowed to sell beer at the Be Part of Baldwin Park festival. There being no other speakers, Mayor King declared CLOSED Oral Communications closed. 00- City Clerk Gair presented he Consent Calendar as CONSENT follows: CALENDAR 1. Approval of Certificate of Posting for September 6, 1989 2. Approve Minutes of August 16, 1989 3. Waive Further Reading and Adopt RESOLUTION NO. 89-71 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Deny Claim Against the City Yuk and Enrique Chang Pilar Smith BIB] 37175-U01 CC-U02 MIN-U02 SEP-U02 6-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3867-U03 DO3868-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 09-U02 06-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3868-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1989 09 06 CC MINòw @˜vCC MIN SEP 6 1989[Þ›[H3x8 REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 1989 OF THE CITY OF BALDWIN PARK PAGE TWO 5. Waive Further Reading and Adopt ORDINANCE NO. 1024 AMENDING SECTION Second Reading) 5.36.010 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO MESSAGE PARLORS 6. a) Approve Support of SB 975 Use of Maintenance Districts for Street Maintenance Financing; and AB 1441 State-wide Abandoned Vehicle Program b) Oppose SB 1533 Zoning Prohibition Relating to School Facilities 7. Waive Further Reading and Adopt RESOLUTION NO. 89-72 DECLARING ITS INTENTION TO VACATE A STREET EASEMENT LOCATED IMMEDIATELY NORTH OF NUBIA STREET, 100' EXTENSION OF BOREL STREET ADJACENT TO 14925 E. NUBIA STREET 89-V-4) It was moved and seconded to approve the Consent CONSENT Calendar as presented. M/S/C: MCNEILL/IZELL. There CALENDAR were no objections. APPROVED 00- PUBLIC HEARING Mayor King introduced the Public Hearing on CDBG Reallocation of Code Enforcement Program CDBG Funds". FUNDS Acting Director of Economic Development Pearce explained that HUD approved the Grant Agreement for the 15th Year including funding of $81,350 for the Code Enforcement Program which was eliminated May, 1989. When a grantee makes a major change, in the CDBG Final Statement, it is necessary to amend the Final Statement through the public hearing process. Acting Director of Economic Development Pearce further explained that the CDBG Advisory Committee discussed the matter in a public forum and recommended that the money either be reallocated to the Residential Rehab Program, or be reallocated to the existing Morgan Park Expansion Project, or be placed in a reserve account for future Senior Housing Projects. The Council may also consider placing the funds in a contingency/reserve account for future allocation or reallocating the funds to an existing or new projects. She recommended that Council, after completion of the public hearing, allocate the funds previously allocated to the Code Enforcement Program expenditure to the existing Morgan Park Expansion Project. Mayor King declared the Public Hearing open and PUBLIC invited those wishing to speak on this subject to come HEARING forward. OPEN BIB] 37175-U01 CC-U02 MIN-U02 SEP-U02 6-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3867-U03 DO3868-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 09-U02 06-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3868-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1989 09 06 CC MINòw @˜vCC MIN SEP 6 1989[Þ›[H3x8 REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 1989 OF THE CITY OF BALDWIN PARK PAGE THREE There were none. NONE Mayor King declared the Public Hearing closed. CLOSED It was moved and seconded to reallocate the $81,350 of TRANSFER the CDBG funds to the existing Morgan Park Expansion FUNDS Project. N/S/C: IZELL/LOWES. There were no MORGAN objections. PARK PROJECT 00- REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES City Clerk Gair explained that the Council is required DESIGNA- to designate voting and alternate voting delegates to TION OF the League of California Cities Annual Conference in VOTING San Francisco and to the National League of California DELEGATES Cities Annual Congress of Cities Conference in Georgia. It was moved and seconded to appoint Mayor King as LEAGUE voting delegate and Councilwoman McNeill as voting OF CITIES alternate to the League of California Cities Annual Conference. N/S/C: IZELL/LOWES. There were no objections. It was moved and seconded to appoint Councilwoman NATIONAL McNeill as voting delegate and Councilman Izell as LEAGUE voting alternate to the National League of Cities Annual Congress of Cities Conference. M/S/C: IZELL/LOWES. There were no objections. City Clerk Gair explained that on August 10, 1989 a RESIGNA- letter of resignation was received from Human Services TION HUMAN Commissioner George Archibeque. The resignation was to SERVICES be effective immediately or he would remain on the COMMISSION commission if needed. the appropriate notification of the unscheduled vacancy was advertised as required by law. City Clerk Gair recommended that the City Council approve a resolution appointing a new member to the Human Services Commission or to give direction concerning this item being continued to a later date. Mayor pro tem Lowes made a motion to appoint Ron RON GIBSON Gibson to the Human Services Commission and to approve NOMINATED the appropriate resolution. It was moved and seconded to adopt Resolution No. 89- RESOLUTION 73, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 89-73 BALDWIN PARK APPOINTING MEMBERS TO THE HUMAN SERVICES ADOPTED COMMISSION OF THE CITY OF BALDWIN PARK". N/S/C: LOWES/MCNIELL. There were no objection. Chief of Police Hoskin explained that the police PARKING department has received many complaints in the past PROHIBI- regarding the parking or standing of trailers on city TION streets for extended periods of time. Presently no TRAILERS ordinance exists which would alleviate this situation. ON CITY He further explained that the proposed ordinance would STREETS include only those trailers which are left standing on the roadway and not associated with construction in progress or the pickup or delivery of goods or merchandise. He recommended City Council approval of an ordinance prohibiting parking on city streets of certain trailers. BIB] 37175-U01 CC-U02 MIN-U02 SEP-U02 6-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3867-U03 DO3868-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 09-U02 06-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3868-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1989 09 06 CC MINòw @˜vCC MIN SEP 6 1989[Þ›[H3x8 REGULAR MEETING OF THE cjr! OZUNCIL SEPTEMBER 6, 1989 OF THE CITY OF BALWIN PARK PAGE FOUR Councilman Izell asked if the ordinance would include DISCUSSION large trash bins standing on city streets, and if not, he would like to see an ordinance brought to council prohibiting the large trash bins from standing on city streets. City Attorney Flandrick explained that the City may have a basis for citations under the Vehicle Code and the Penal Code for blocking the street with non- vehicles. He suggested that this be looked into and if the city does not have sufficient authority, that this item be brought back to Council at the next meeting. It was moved and seconded to approve Ordinance No. ORDINANCE 1025, AN ORDINANCE OF THE CITY OF BALDWIN PARK NO. 1025 AMENDING THE MUNICIPAL CODE RELATING TO PARKING OF FIRST TRAILERS, SEMITRAILERS, TRAILER COACHES, PIPE OR POLE READING) DOLLYS, SPECIAL CONSTRUCTION EQUIPMENT, AND SPECIAL APPROVED MOBILE EQUIPMENT. ON PUBLIC ROADWAYS". M/S/C: IZELL/LOWES. There were no objections. Chief of Police Hoskin explained that this is a status CRIME report to provide a comparison of the part one crimes ANALYSIS reported from January through June 1989 with the same period in 1988. Part one crimes consist of the eight major felonies that are reported by law enforcement agencies to the FBI annually. Chief of Police Hoskin reported that during the period of January 1, 1989, through June 30, 1989, 1,554 part one crimes were reported compared to 1,547 part one crimes reported in the same period in 1988, reflecting an increase of 5% in 1989 compared with the same period in 1988. He gave the statistics of the eight major felonies, and other crimes and offenses as listed in the staff report. In response to Councils' questions Chief of Police Hoskin explained that the President's report determined certain amounts of money for prevention and drug enforcement programs. Depending on how the money is used will determine how successful the programs will be and that information has not yet been given. He also explained that the figures given in the staff report represent only 1/2% of 1% increase compared with the same period last year. This is considered a very low increase compared with other jurisdications. Acting City Engineer Dittmer explained that several PADDY LANE months ago, Staff was approached by parties wishing to ASSESSMENT initiate an assessment district for the extension of DISTRICT Paddy Lane to Merced. Staff discussed the assessment district process with the people and prepared preliminary cost estimate:s. He also explained that the proposed extension of Paddy Lane is on the General Plan to allow for the development of the deep lots at 14125, 14133 and 14139 Merced Avenue. One of the three property owners has indicated that he does not desire the street improvements to be constructed even though the lots could not be development to their full potential. Acting City Engineer Dittmer outlined in detail the following alternatives that may possibly resolve this situation: 1) formation of an assessment district to build the street improvements, 2) require that any new development include the proposed street, 3) delete the street from the general plan. He recommended that BIB] 37175-U01 CC-U02 MIN-U02 SEP-U02 6-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3867-U03 DO3868-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 09-U02 06-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3868-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1989 09 06 CC MINòw @˜vCC MIN SEP 6 1989[Þ›[H3x8 REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 1989 OF THE CITY OF BALDWIN PARK PAGE FIVE the City Council receive testimony and direct staff accordingly. Mayor King stated that public input would be allowed PUBLIC on this item. INPUT Doris Morin, 14133 E. Merced, gave a background of DORIS several offers to purchase her property, and that has MORIN always been contingent upon owners adjacent to her property. She said the City in past years had denied permits to build a home in the rear of the property and also denied plans for four individual lot splits. She stated that she is a victim of circumstances and that she just wants to sell her property. Willie Hernandez, representing his mother-in-law, Mrs. WILLIE Onteveros, 14125 Merced, stated that the proposed HERNANDEZ extension of Paddy Lane has created problems for Mrs. Ontiveros in selling her property and making a profit. Jeanne Martens, Martens Real Estate, explained that JEANNE the property of Doris Morin and Lupe Ontiveros are MARTENS both in escrow together. The problem has been that any new development is to include the proposed street, and the development simply does not pencil for developers if they have to put the street through. She explained that she was told by the Planning Division that the only way the future street could be removed was acquisition of the third parcel, 14139 Merced, which the owner does not want to sell. She asked if the assessment district is a tax and if so, if the assessment district fees can be deferred for Mr. Elmore since he is a senior citizen. Jeanne Martens further explained that the circumstances have kept the property owners from either developing or selling. She gave her personal feelings of the formation of the assessment district and of each of the three options listed in the staff report. She stated that she felt the City was in the circumstances that option 3 described and that maybe the City could get out of a situation by just vacating the street. She stated that it is unfair that Mr. Elmore would have to pay for street he does not want there. She referred to the legal basis required to override a majority protest and felt the City would have a difficult time finding a legal basis in this situation. In response to Mrs. Marten's questions, City Attorney CITY Flandrick explained that there is a method which ATTORNEY'S property taxes can be deferred but it does not apply RESPONSE to an assessment district. In regards to overruling a majority protest, he explained that the City initially talked about putting the assessment district on all the properties, therefore the City Council did not have basis for a majority vote if all the property owners were in favor of the district. If the Council was talking just about the properties directly in front on Merced, there could be a majority protest. He further explained that the City Council is limited in what they can do to overrule protest under the 1931 Act and outlined those limitations to the Council. BIB] 37175-U01 CC-U02 MIN-U02 SEP-U02 6-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3867-U03 DO3868-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 09-U02 06-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3868-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1989 09 06 CC MINòw @˜vCC MIN SEP 6 1989[Þ›[H3x8 REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 1989 OF THE CITY OF BALDWIN PARK PAGE SIX Council discussed the deletion of the future street DISCUSSION and felt that the situation could not be solved at this point. It was suggested to hold this item over and in order to develop a solution. In response to Council's inquiry, City Attorney Flandrick stated that the assessment district payments can be deferred only if the City picks up the payment. Kenneth Elmore, 1157 Limon Street, Covina, KENNETH representing Mr. Elmore of 14141 Merced, stated that ELMORE his father has not said he would not sell his property, but the developer represented by Ms. Martens offered him less than the others were offered. He stated that the assessment district costs are not fair. Mayor King stated that this item would be held over ITEM HELD for two weeks so that something agreeable can be OVER worked out for all concerned. Acting City Manager Yelton explained that Council NO asked staff to investigate smoking restrictions in SMOKING city facilities, since that time Council did enact an POLICY ordinance which restricted smoking in all public areas of city facilities. An employee policy was also drafted and reviewed by the City Council but no action was taken due to the requirement to meet and confer with the affected employee associations prior to any policy adoption. None of the employee groups responded to the City's invitation to comment on the proposed policy. He further explained that the policy is largely an extension of the principals adopted in the ordinance for public access areas, giving the overriding consideration to non-smokers. The policy also encourages employees who smoke to stop smoking through information regarding stop smoking programs maintained by the personnel office. He recommended that the City Council adopt the proposed personnel policy regarding smoking in the workplace. It was moved and seconded to accept and approve the POLICY employee no smoking policy. M/S/C: IZELL/LOWES. APPROVED There were no objections. Acting Director of Economic.. Development Pearce FAIR explained that a condition for receiving CDBG funds, HOUSING cities are required to conduct an analysis to CDBG TASK determine the impediments to fair housing choice in FORCE its Housing and Community Development Program and COMMITTEE activities. She outlined the area that the analysis would review and stated that staff has negotiated with the Fair Housing Council to conduct the analysis through a task force as part of the annual contract. The task force will serve for approximately ten months and would return with the final report for review by the CDBG Advisory Committee. The report will then be presented to the City Council for review and approval. Acting Director of Economic Development Pearce named those candidates as listed in the staff report who are interested in serving on the task force. In addition, Catalina Reyes, Housing Program Supervisor, has also shown interest in serving on the task force. She recommended that the City Council appoint four members from the general public and one city staff to the task BIB] 37175-U01 CC-U02 MIN-U02 SEP-U02 6-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3867-U03 DO3868-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 09-U02 06-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3868-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1989 09 06 CC MINòw @˜vCC MIN SEP 6 1989[Þ›[H3x8 REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 1989 OF THE CITY OF BALDWIN PARK PAGE SEVEN force for a total of five members. It was moved and seconded to appoint Maryann Huetinck TASK and Vernice Garrison to serve on the Task Force for FORCE Fair Housing Assessment Community Development Block APPOINT- Grant CDBG) Program. M/S/C: MCNEILL/IZELL. There MENTS were no objections. It was moved and seconded to appoint Alma Vielma and Steve Willkomm and city staff member Catalina Reyes to serve on the Task Force for Fair Housing Assessment Community Development Block Grant CDBG) Program. M/S/C: LOWES/IZELL. There were no objections. APPROVED 00- COUNCIL INITIATIVES Mayor King asked about the requirements for property REQUESTS owners on corner lots to construct sidewalks with BY access for the handicapped, and about trees being COUNCIL taken out and replaced, and the regulations on the uniformity of trees. After Council discussion, Mayor King requested that an item regarding special circumstances relating to fees for public improvements in redevelopment areas be placed as an agenda item in two weeks. Councilman Izell commented Oh the letter received by Council from the residents on Bogart Street to help clean up their street. He stated that he appreciated the concern of these people. 00- Mayor King recessed the City Council meeting at 8:20 RECESS p.m. The regular meeting of the City Council was back in IN SESSION session at 6:38 p.m. Roll Call remained the same. The meeting adjourned for a Closed Session at 8:38 CLOSED p.m. SESSION The regular meeting of the City Council was back in IN SESSION session at 8:48 p.m. Roll Call remained the same. City Attorney Flandrick stated that in Closed Session instructions were given to Staff relating to meet and confer. It was moved and seconded to approve Resolution No. RESOLUTION 89-74 approving a salary plan for the Sworn and Non- NO. 89-74 Sworn Employees. R/S/c: IZELL/LOWES. There were no APPROVED objections. 00- It was moved and seconded to adjourn the regular MEETING meeting of the City Council at 8:53 p.m. ADJOURNED IZELL/MCNEILL. There were no objections. 8:53 P.M. BIB] 37175-U01 CC-U02 MIN-U02 SEP-U02 6-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3867-U03 DO3868-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 09-U02 06-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3868-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05