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HomeMy WebLinkAbout1989 10 04 CC MIN1989 10 04 CC MINòw @˜vCC 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 00- City Treasurer Montenegro's absence was excused. ABSENCE EXCUSED 00- 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. 00- 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. BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 4-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3870-U03 DO3871-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 10-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3871-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1989 10 04 CC MINòw @˜vCC MIN OCT 4 1989[Þ›[H3‡8 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4, 1989 OF THE CITY OF BALDWIN PARK PAGE TWO There being no other speakers, Mayor King declared CLOSED Oral Communications closed. 00- 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 BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 4-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3870-U03 DO3871-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 10-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3871-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1989 10 04 CC MINòw @˜vCC MIN OCT 4 1989[Þ›[H3‡8 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4, 1989 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 00- 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 BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 4-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3870-U03 DO3871-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 10-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3871-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1989 10 04 CC MINòw @˜vCC 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. 00- 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, BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 4-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3870-U03 DO3871-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 10-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3871-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1989 10 04 CC MINòw @˜vCC 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 BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 4-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3870-U03 DO3871-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 10-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3871-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1989 10 04 CC MINòw @˜vCC MIN OCT 4 1989[Þ›[H3‡8 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4, 1989 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; BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 4-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3870-U03 DO3871-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 10-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3871-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1989 10 04 CC MINòw @˜vCC 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 BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 4-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3870-U03 DO3871-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 10-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3871-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1989 10 04 CC MINòw @˜vCC MIN OCT 4 1989[Þ›[H3‡8 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 4, 1989 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). 00- 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. 00- 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. BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 4-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3870-U03 DO3871-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 10-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3871-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05