HomeMy WebLinkAbout1989 09 06 CC MIN1989 09 06 CC MINòw @˜ v CC 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 @˜ v CC 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 @˜ v CC 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 @˜ v CC 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 @˜ v CC 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 @˜ v CC 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 @˜ v CC 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