HomeMy WebLinkAbout1989 10 04 CC MIN1989 10 04 CC MINòw @˜ v CC MIN OCT 4 1989[Þ›[H3‡8 J
REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, CITY HALL,
14403 EAST PACIFIC AVENUE, WEDNESDAY,
OCTOBER 4, 1989, AT 7:00 P.M.
The City Council of the City of Baldwin
I
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,
Dir. of Human Serv. Lucas,
Chief of Police Hoskin,
Deputy City Clerk Sharp, and
City Clerk Gair
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City Treasurer Montenegro's absence was excused. ABSENCE
EXCUSED
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PRESENTATION
Mayor King introduced Human Services Commissioner PRESENTA-
Betty Wallace and told of her achievements as a TION
Commissioner and that she was chosen as Commissioner
of the Year" by the Los Angeles Basin Parks and
Recreation Board Members and Commissioners Association
for her outstanding efforts.
Betty Wallace thanked Council for their support.
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Mayor King declared Oral Communications open and ORAL COMMU
invited those wishing to speak on any subject to come NICATIONS
forward. OPEN
Jeanne Martens, Martens Real Estate, updated the JEANNE
Council on the lack of progress with the property MARTENS
owners on Merced. She asked that the Paddy Lane
Assessment District issue be brought back to Council.
Eli Roca, 14637 California, inquired about the City ELI ROCA
Attorney's costs and the Transit Center Feasibility
Study. If the center is in a Redevelopment area,
would it have to go through a PAC Committee. Also,
would the City have to come up with matching funds if
grants were approved.
Lucy Scott, 3522 Baldwin Park Boulevard, complained of LUCY
police officers not properly doing their job and told SCOTT
of incidents that she had encountered with police
officers.
Kenneth Elmore, 1167 Limon St., Covina, asked if the KENNETH
developer for the other two properties on Merced Ave., ELMORE
Paddy Lane Assessment District), has come forward
with plans.
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OF THE CITY OF BALDWIN PARK PAGE TWO
There being no other speakers, Mayor King declared CLOSED
Oral Communications closed.
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City Clerk Gair presented the Consent Calendar: CONSENT
CALENDAR
1. Approval of Certificate of Posting for
October 4, 1989
2. Approve Minutes of September 20, 1989
3. Waive Further Reading and Adopt
RESOLUTION NO. 89-78 ALLOWING CLAIMS AND
DEMANDS AGAINST THE
CITY OF BALDWIN PARK
4. Deny Claim Against the City
Sean O'Brien
5. Approve College Work-study Agreements
for 1989-90
6. Waive Further Reading and Adopt
RESOLUTION NO. 89-79 SUPPORT ESTABLISHMENT
OF A UNIVERSITY OF
CALIFORNIA CAMPUS IN
THE CITY OF DIAMOND
BAR OR ANOTHER SAN
GABRIEL/WALNUT/POMONA
VALLEY LOCATION
7. a) Approve Support of AB 1305 Increasing
the Market for Recycled Newsprint, and
b) Oppose AB 939 Proposing a Major
Reorganization of Solid Waste Management
Planning
8. Waive Further Reading and Adopt
RESOLUTION NO. 89-80 TO APPROVE THE
FIGHT GRIDLOCK
ORDINANCE AND
EXPENDITURE PLAN
At the request of Mayor King, Item No. 8 of the ITEM NO.
Consent Calendar was pulled for further discussion. 8 PULLED
It was moved and seconded to approve Consent Calendar CONSENT
Item No. s 1-7 as presented. M/S/C: MCNEILL/IZELL. CALENDAR
There were no objections. APPROVED
Diane Perrine, Acting Manager of the Highway Section ITEM NO. 8
of the Los Angeles County Transportation Commission,
explained that based on the results of a study effort,
there is inadequate funding for street maintenance and
highway transportations improvements. Cities are
spending about a quarter of what is needed to keep
streets in good condition, also found were a number of
freeway needs. The report would be used to develop an
expenditure plan and would include approval of a half
cent sales tax increase.
She also explained that the proceeds of the sales tax
increase would be used for street and transit
purposes. She outlined the tax as being administered
as follows: Cities could get up to 60% of the
revenues, 30% directly to Cities and 30% from the
Transportation Management), for maintenance of local
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OF THE CITY OF BALDWIN PARK PAGE THREE
city streets and traffic signals or other improvements
as long as it is an improvement to the street; 25%
would go to leverage state funds for freeways to solve
freeway problems; and 15% would be set aside for
transit related improvements
In response to Council questions, she explained the
following: 1) The City would be required to prepare a
plan for street improvements and the planning process
could be funded through the proceeds of the new tax
for the record, she stated that this is a minor
oversight responsibility that has to be done to make
sure that the funds are properly being used); 2) all
of the 15% would go to transit related improvements
if the 6 1/2 % does pass, one of the options is to
use highway money to trade in for transit money and
the State Transportation Commission also has rail
bonds proposed); 3) The proposed distribution of the
money is based on 15% of the square footage and 15% of
the population; and 4) The 30% to improve streets and
freeways is 30% of the County-wide revenues which are
estimated to be over $7.5 billion over twenty 20)
years. The Transportation Commission would have the
authority to administer the tax.
Mayor King requested that this item be held over for ITEM HELD
two weeks for further discussion. Council concurred. OVER
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PUBLIC HEARING
Acting Director of Community Services Rangel explained PUBLIC
that the street easement is for the future extension HEARING
Borel Street. There are existing public utilities 89-V-4
located within the future street easement, for which
an easement must be reserved. Staff has not been
informed by the utility companies as to the exact
location of the required utility easement and he
recommended that the City Council continue the public
hearing until October 18, 1989.
Mayor King declared the Public Hearing open and PUBLIC
invited those wishing to speak on this subject to come HEARING
forward. OPEN
There were none.
Mayor King stated that the Public Hearing on 89-V-4 PUBLIC
would be continued to October 18, 1989. HEARING
CONTINUED
Acting Director of Community Services Rangel explained PUBLIC
that at previous council meetings the City Council HEARING
F directed staff to investigate ways of reducing PAY
problems associated with banks of public pay TELEPHONES
telephones located on commercial properties. Council AZC-124
also discussed five options to control public pay
telephones and directed staff to pursue three of the
five options as listed in the staff report.
He further explained that the Planning Commission
discussed three alternatives for regulating the number
of outdoor pay phones at a given site. He outlined
the following three alternatives: 1) Limit the number
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1989 10 04 CC MINòw @˜ v CC MIN OCT 4 1989[Þ›[H3‡8 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4, 1989
OF THE CITY OF BALDWIN PARK PAGE FOUR
of outdoor pay phones at a given site, 2) Establish a
standard that would regulate the number of pay phones
according to the property's lot area, and 3) A
variation of alternative two that was recommended by
the Planning Commission, would apply to all commercial
or industrial properties. He also explained that
there would be a ninety day 90) amortization period
for property owners to comply with the new regulations
and he recommended that the City Council approve the
Negative Declaration of Environmental Impact, adopt
the Findings of Fact, and approve an amendment to the
zoning Code to regulate the number of outdoor public
p pay telephones on commercial and industrial
properties.
Mayor King declared the Public Hearing open on AZC-124 PUBLIC
and invited those wishing to speak on this subject to HEARING
come forward. OPEN
There were none.
Mayor King declared the Public Hearing closed. CLOSED
It was moved and seconded to approve the Negative ORDINANCE
Declaration of Environmental Impact, adopt the NO. 1026
Findings of Fact and approve Ordinance No. 1026, AN FIRST
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN READING)
PARK AMENDING THE BALDWIN PARK MUNICIPAL CODE WITH APPROVED
PERFERENCE TO REGULATIONS APPLYING TO PUBLIC PHONES".
M/S/C: LOWES/IZELL. There were no objections.
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REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES
Acting City Manager Yelton explained that the City's CAPITAL
current budget document identifies twenty-five IMPROVE-
Capital Improvement Projects that are scheduled for MENT
implementation during the 1989 and 1990 fiscal years. PROGRAM
Of the twenty-five Capital Improvement Projects CIP)
originally provided for in the City's budget, fifteen FY 89-90
will remain active during fiscal year 1990.
Amendments to the budgets of each of these projects is
necessary to bring the City's Capital Improvements
Program up to date. He outlined the projects and the
budget amendments required.
He further explained that the City's fiscal year 1990
Capital Improvement Program budget is proposed to be
increased by $2,176,500. All of the additional money
comes from Special Revenue Funds. No General Fund
money is involved, nor do the amendments have any
impact on the City's operating budget. The 68%, or
$1,473,400, of the proposed increase in total
appropriations represents the carry over of funds left
unspent from the previous fiscal year and the balance
of the increase, which is 32% or $703,100, is
attributable to revised estimates of project costs
based on inflation or changes in scope or design. He
recommended that the City Council approve the
amendments described in the attachments to the report.
Council discussed their concern on the progress of DISCUSSION
the following items:
1. Railroad Crossing Improvements,
2. Senior Center Expansion,
3. Storm Drain Improvements on Francisquito and by
the Hilton Hotel,
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1989 10 04 CC MINòw @˜ v CC MIN OCT 4 1989[Þ›[H3‡8 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4, 1989
OF THE CITY OF BALDWIN PARK PAGE FIVE
4. Clark Street Improvements,
5. Safe Route to School" sidewalk improvements.
In response to some of the questions asked by the City
Council, Acting City Engineer Dittmer reported that
the Southern Pacific Transportation Company had been
notified that the City has money budgeted for the
rubberized crossing improvements. Southern Pacific
does not have the labor or time to do the improvements
and the improvements have been delayed. He also
reported that the Francisquito storm drain
improvements are in design and the County will not
allow the City to cut into their storm system until
about April.
Also, the storm drain improvements near the Hilton
Hotel had been repaired once already and Staff is
looking into fixing the storm drain permanently. The
Clark Street improvement and the Safe Route to
School" sidewalk improvements have been delayed due to
staff shortage in the Engineering Division.
Acting Director of Community Services Rangel also
reported that the Senior Center Expansion has
corrections to the plans through the Fire Department
that Building Superintendent Dawson is working with
the Fire Department on and once the corrections are
done, the City will be ready to go out for bid.
It was moved and seconded to approve the amendments to CIP
the Capital Improvement Program as described in the APPROVED
attachments to the report with special attention to
the ones discussed. M/S/C: MCNEILL/LOWES. There
were no objections.
Finance Manager Schuld explained the agreement that CITY
the City has with Burke, Williams & Sorensen, and J. ATTORNEY
Robert Flandrick, Sr., for legal services to the City. COSTS
A flat retainer charge of $1600 per month is to be
charged for the first twenty 20) hours of legal work
performed each month. Additional retainer legal
services performed in excess of twenty hours are
charged on an hourly rate basis as set forth in the
agreement with certain provisions.
She further explained that in March 1989 Council
approved a budget amendment to increase the City
Attorney's budget. At the same time the Finance
Division reviewed the invoices for legal services and
determined why legal costs were increasing. The
hourly rates being charged by Burke, Williams, &
Sorensen, were not in agreement with the rates
specified in the contract. It was also determined by
City Attorney Flandrick's staff after recalculating
all invoices to the City, that the City had been
overcharged.
She outlined what is owed by the city for retainer
services and reimbursement costs for Fiscal Year 1989.
Various litigation cases and special retainer accounts
need to be budgeted and that based on the findings
reported. New guidelines have been drafted which
outline new procedures to follow when dealing with the
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OF THE CITY OF BALDWIN PARK PAGE SIX
City Attorney. She recommended approval of a budget
amendment for $67,854.78 to cover additional costs
related to legal services rendered in fiscal year
1989.
Council discussed the charges for legal services and ITEM
requested that the approval of the adjustment be held HELD
over until the next council meeting. OVER
Acting Director of Community Services Rangel explained REFUSE
that the current refuse collection agreement COLLEC-
terminated February 1989 and an extension was approved TION
to extend the contract to December 1989. Staff began
preparation of a new contract in order to provide the
best service provider for the least cost to the
residents and businesses of the City. The proposed
new contract is for a seven and one half year period
and contains provisions as listed in the staff report.
He further explained that the City received seven
proposals from refuse companies around the Los Angeles
area. A selection committee narrowed it down to two
companies, Webster's Refuse Disposal and Consolidated
Disposal Service, Inc., as the most responsible and
responsive to the City's proposal request. In
addition to the selection of a refuse collector, a
seven member Ad Hoc Recycling Committee should be
considered by Council.
He recommended that City Council award a contract to
either Webster's Refuse Disposal or Consolidated
Disposal Service, Inc. and to form an Ad Hoc
Recycling Committee.
Mayor King stated that proposals were made by each of
the refuse companies, which are on file in the City
Clerk's Office. Representatives are present tonight
to present their proposals and confirm any and all
verbal statements.
Foster Nichols, 17102 San Garry, La Puente, WEBSTER'S
representing Webster's Refuse Disposal, presented REFUSE
Webster's proposal which included: DISPOSAL
1. To maintain the present rate, that the City
currently has, for a period of two years;
2. To conduct two toxic waste disposal periods during
the year, time and place to be arranged by
Websters and City staff;
3. Approve a Senior Citizen Discount;
4. Unlimited service extended to the residential
homeowner for pick up on large items on regular
routes every week;
5. Experience in recycling, and agree to work with
the Ad Hoc Recycling Committee in order to be more
responsive to questions and ideas of the citizens
of the City. Will make a committment to recycling
pick-up for residence and develop a commercial
program and oil pick-up at curbside on a regular
basis;
6. Annualize the franchise fee, and would be paid
each year at the beginning of the year for the
period of the contract, with adjustments that
might need to be made;
7. Provisions for two yearly hazardous waste pick-ups
are in place and will be made part of the
contract. The pick-ups would probably be
established on a six month interval at a time and
place convenient to city residents and compatible
with arrangements with the City;
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1989 10 04 CC MINòw @˜ v CC MIN OCT 4 1989[Þ›[H3‡8 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4, 1989
OF THE CITY OF BALDWIN PARK PAGE SEVEN
8. He stated that complaints for service in the City
have been minimal and reports will be provided as
required and this will be part of the agreement.
9. No problems, at the City's discretion, with
respect to an office and phone and to have access
to Webster's materials at any time. The City's
auditors are welcome at any time to review the
records that are applicable to the City of Baldwin
Park.
In response to Council inquiry, he stated that
approximately 250 people are employed at Websters and
between 50-60 are residents of the City of Baldwin
Park about 20-25% of the work force).
Joe Sloan, Vice President of Consolidated Disposal CONSOLI-
Service, stated that their company is large enough to DATED
have sophisticated management and small enough to be DISPOSAL
responsive. He presented their proposal which
included:
1. A committment to a community fund in the City
which would produce, at minimum, in excess of
$141,00 to the City for special needs to be met
within the City over the course of the contract.
2. A standard policy to have all complaints regarding
refuse collection completely remedied within two
hours of the receipt of the complaint.
3. An initial rate of $7.77 which was not acceptable
by law, they are willing to utilize the lower rate
as a base rate for any future rate adjustments;
4. Additional franchise fees over and above that are
required in the contract
He confirmed the following: a) Franchise Fee: 10% up
front; b) Recycling: Several programs to choose from
including Christmas Trees and oil pick up at curbside;
c) Two yearly pickups of hazardous waste.
He responded that they employ one person that lives in
City of Baldwin Park.
Mayor King requested that this item be held over for ITEM HELD
two weeks until Council receives the final draft from OVER
the City Attorney.
Transportation Coordinator Hazen explained that after TRANSIT
review of possible site locations for a transit center CENTER
in the redevelopment project area, it was FEASIBI-
preliminarily recommended that the location of the LITY
proposed transit center be in the area bordered by STUDY
Garvey Avenue, Puente Avenue, Merced Avenue, and Big
Dalton Avenue. In addition, they recommended the City
apply for 1989-90 State Transit Capital Improvement
Program Intermodal Facilities Funding. He outlined
what the money would be used for and stated that the
State of California has approved funding the items
contingent upon the proposed transit center project
being included in the regions Transportation
Improvement Plan TIP).
He further explained that at this time it is uncertain
that the identified funding sources will fully fund
the amounts requested. He outlined concerns in the
following areas: Filing an application for 1990-91
State Transportation Capital Improvement TCI) funds;
Requesting LACTC to include the transit center project
on the TIP; and development of Federal funds. It is
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OF THE CITY OF BALDWIN PARK PAGE EIGHT
felt that the transit center concept needs additional
study, primarily in the area of funding. Staffs
recommendations as listed in the staff report of
October 4, 1989 is recommended for approval.
Acting Director of Community Services Rangel gave a
slide presentation regarding the transit center.
Council discussed the costs involved and the funding
needed for a transit center. It was felt that the
proposed area for a transit center would effect the
community of Baldwin Park in a negative way. They
suggested that the area be used for better projects
and that there was no need to pursue the transit
center project.
Councilman Izell stated that he felt the application
submitted to TCI for funds should still be allowed to
be submitted and if the grants are approved they can
be used for another site.
At the request of Mayor King Council gave the TRANSIT
following indication as to their desire in regard to CENTER
pursuing the Transit Center Project: Councilman Izell NOT
yes), Councilwomen Lowes and McNeill no), Mayor King CONSIDERED
no).
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Mayor King recessed the City Council meeting at 9:07 RECESSED
p.m.
The regular meeting of the City Council was back in IN SESSION
session at 9:09 p.m. Roll Call remained the same.
The meeting adjourned to a Joint Closed Session with CLOSED
the Redevelopment Agency to consider personnel matters SESSION
at 9:10 p.m.
The regular meeting of the City Council was back in IN SESSION
session at 11:35 p.m. Roll Call remained the same.
Mayor King stated that in Closed Session instructions
were given with respect to certain personnel items and
no further action is necessary.
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It was moved and seconded to adjourn the regular MEETING
meeting of the City Council at 11:35 p.m. IZELL/ ADJOURNED
LOWES. There were no objections. 11:35 P.M.
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