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Home My WebLink About1991 04 03 CC MIN1991 04 03 CC MINòw @˜w†CC MIN APR 3 1991 1[H2v8 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVE, WEDNESDAY, 4, APRIL 3, 1991 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 GALLEGOS, IZELL ROLL CALL KEYSER, NC NEILL AND MAYOR LOWES ALSO PRESENT: City Manager Penman City Attorney Bower, Acting Dir. of Administrative Service Cole, Police Chief Lanza, Acting Dir. of Human Serv. Rose, City Planner Onaga, City Treasurer Montenegro, Deputy City Clerk Branek, City Clerk Gair 00- Chief Lanza introduced Reserve Officer Pete Ruiz, read a PRESENTA- brief background and thanked him for all the years of TION service to the City. Lt. John Young presented Reserve Officer Ruiz a plaque from the Police Department and Mayor Lowes presented Officer Ruiz a plaque from the City in honor of his retirement. Mayor Lowes read a proclamation declaring the month of PROCLAMA- April, 1991, as Earthquake Preparedness Month" and TION presented the proclamation to Police Chief Lanza. Chief Lanza introduced Emergency Preparedness officer Carl Fink and gave a brief background regarding his expertise in emergency preparedness. Mayor Lowes read a proclamation declaring the month of PROCLAMA- April, 1991, as Recycling Month" and presented the TION proclamation to Paul The Can Man", representing Websters Disposal. 00- ORAL COMMUNICATIONS Mayor Lowes declared Oral communications open and ORAL COMMU invited those wishing to speak on any subject to come NICATIONS forward. OPEN Pam Schnabel, 14217 Los Angeles St., applauded the SCHNABEL police department for their quick response to her home and stated that everyone should have a Baldwin Park Cops are Tops sticker. Terry Chen, 4105 Harnett, El Monte, asked the Police CHEN Department to move vehicle inspections on Ramona Blvd. because of the traffic congestion. Mayor Lowes declared Oral Communications closed. CLOSED 00- BIB] 37175-U01 CC-U02 MIN-U02 APR-U02 3-U02 1991-U02 U02 1-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3762-U03 DO3764-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 04-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3764-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 04 03 CC MINòw @˜w†CC MIN APR 3 1991 1[H2v8 REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 1991 OF THE CITY OF BALDWIN PARK PAGE TWO City Clerk Gair presented the Consent Calendar: CONSENT CALENDAR 1. Approval of Certificate of Posting for April 3, 1991 2. Approve Minutes of March 20, 1991 Adjourned Meeting & Regular Meeting 3. Waive Further Reading and Adopt RESOLUTION NO. 91-13 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Deny Claims Against The City Daniel Damian Antonio Damian Consuelo Damian Danny Damian, Jr. 5. Approve Cooperative Agreement County of Los Angeles Merced Avenue Olive to Puente 6. Approve Agreement Extension Richter Group Communications Consultants Police Department Radio System 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 Acting Building Official Cosgrove gave a brief report UNREIN- relating to Chapter 15.44 of the Municipal Code, FORCED Unreinforced Masonry Building Code at 14362 Ramona Blvd. MASONRY He stated that Mr. Steiner indicated that the building BUILDING would be analyzed by a licensed structual engineer and he would submit supporting documentation prior to the April 3rd meeting. Mr. Cosgrove spoke with Mr. Steiner to remind him of the meeting, but Mr. Steiner stated that he had forgotten about the hearing. Staff recommended denial. Mayor Lowes declared the Public Hearing open and PUBLIC invited those wishing to speak on this subject to come HEARING forward. There were none. OPEN Mayor Lowes declared the Public Hearing closed. CLOSED It was moved and seconded to deny the appeal of APPEAL Unreinforced Masonry Building Code by Andrew Steiner at DENIED 14362 Ramona based on the staff findings and recommendation. M/S/C: IZELL/KEYSER. There were no objections. Administrative Assistant Mimura requested Council to CDBG 17TH conduct a public hearing to determine the needs of the YEAR low and moderate income persons and/or slum and blighted ENTITLE- areas of the City for the CDBG 17th Year Entitlement MENT Program. He listed the agencies that participated in PROGRAM three community-neighborhood meetings to maximize community input for the CDBG Program. He stated that the next meeting will be May 1, 1991, to review the Proposed Statement of Community Development Objectives and Use of Funds. Mayor Lowes 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 APR-U02 3-U02 1991-U02 U02 1-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3762-U03 DO3764-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 04-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3764-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 04 03 CC MINòw @˜w†CC MIN APR 3 1991 1[H2v8 REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 1991 OF THE CITY OF BALDWIN PARK PAGE THREE Regina Ragus, Center for Independent Living, 408 S. RAGUS Grand Avenue, Covina, listed the services rendered to the community and requested that Council consider the request for $3,000. Pam Schnabel, 14217 Los Angeles Street, described the SCHNABEL areas on Los Angeles Street that are in need of sidewalks and the danger to the drivers that backout of their driveways on to that street. Linda Gonzales, Housing Coordinator Fair Housing, spoke GONZALES regarding the services offered by Fair Housing. Responding to Council, Administrative Assistant Mimura MIMURA stated that the Fair Housing report will be presented to Council this week and he would like the CDBG Advisory Committee to review it. Lorin Lovejoy, Resident, recommended the request for LOVEJOY Independent Living and testified to the work done by that agency. Carlos Frausto, Executive Director of the Boys & Girls FRAUSTO Club, requested day-care funding to expand the program. He stated that the Center for Independent Living is an asset to the community. Ms. Castenada, Wings Program, requested funding to CASTENADA benefit the battered women of the City. Responding to Council, Mrs. Castenada stated that their organization meets at the First Baptist Church of Baldwin Park, there is a need to expand their staff and they will provide a listing of the cities that they have applied to for funding. There being no other speakers, Mayor Lowes declared the CLOSED Public Hearing closed. Mayor Lowes stated that on May 1, 1991, the Council will 17th YEAR review the Proposed Statement of Community Development CDGB ENTI- Objectives and Use of Funds for the 17th Year CDBG TLEMENT Entitlement Program. MAY 1ST City Planner Onaga requested that Council consider a DR-5 modification to an approved Development Plan, to 3920-3926 eliminate the automative front entrance security gate STEWART for property located at 3920-3926 Stewart Avenue. He PUBLIC described the zoning and the approved Development Plan. HEARING He stated that the applicant proposes to modify the Development Plan by eliminating the automatic front entrance security gate from the project to prevent potential accidents. City Planner Onaga stated that security gates are not required, but have been provided for most of the Residential Planned Developments and multiple family development projects. He stated that staff did a comparison of two gated and two non-gated residential planned developments, with regards to crime, within the City, there were no significant differences between the gated and non-gated. Staff did notice that the gates alienate the development from the rest of the community. He referred to several Findings of Fact for approval with conditions, and the Findings of Fact for denial in his staff report. Mayor Lowes 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 APR-U02 3-U02 1991-U02 U02 1-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3762-U03 DO3764-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 04-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3764-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 04 03 CC MINòw @˜w†CC MIN APR 3 1991 1[H2v8 REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 1991 OF THE CITY OF BALDWIN PARK PAGE FOUR Peter Cho, 8808 Mission Drive, Rosemead, stated that he CHO represents the development company and that alarms with sensors on the doors and windows would be installed and the call transferred to the police department. Mayor Lowes declared the Public Hearing Closed. CLOSED It was moved and seconded to adopt Resolution No. 91- RESOLUTION 15 Denying A Modification Of A Development Plan To NO. 91-15 Eliminate The Automatic Front Entrance Security Gate FOR Applicant: Chiao Mei Development; Case No. DR-S; DENIAL Location: 3920-3926 Stewart Avenue)." GALLEGOS/IZELL. Roll Call: ROLL CALL VOTE AYES GALLEGOS, IZELL NOES KEYSER, MC NEILL AND MAYOR LOWES MOTION ABSENT: NONE FAILS It was moved and seconded to adopt Resolution No. 91-15 RESOLUTION Approving A Modification Of A Development Plan To NO. 91-15 Eliminate The Automatic Front Entrance Security Gate And FOR Amending Resolution No. 90-76 Applicant: Chiao Mei APPROVAL Development: Case No. DR-S; Location: 39203926 Stewart Avenue)." N/S: KEYSER/MCNEILL. ROLL CALL: ROLL CALL VOTE AYES KEYSER, MC NEILL, IZELL, AND MAYOR LOWES NOES GALLEGOS ABSENT: NONE APPROVED 00- REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES Assistant to the City Manager Volmert requested the LEGISLA- Council support the National League of Cities Priorities TION Statement for the Nation's Cities and Towns for 1991 and SUPPORT authorize the Mayor to advocate legislation that NLC advances the priorities established in the statement. PRIORITIES Assistant to the City Manager Volmert listed the major items of federal legislation for this year. Of particular importance to the City is strong support for funding of the Community Development Block Grant program, the new HOME housing block grant program, direct funding for cities in the war on drugs and mandatory participation of municipal employees in the Medicare and Social Security systems. The statement on federal budget policies also addresses the issue of using special purpose funds for deficit reduction purposes. Staff recommends approval of the Priorities Statement. It was moved and seconded to endorse the National League NLC of Cities Priorities Statement for the Nation's Cities PRIORITIES and Towns for 1991 and advocate legislation which STATEMENT supports and advances its goals. M/S/C: MCNEILL/IZELL. APPROVED There were no objections. BIB] 37175-U01 CC-U02 MIN-U02 APR-U02 3-U02 1991-U02 U02 1-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3762-U03 DO3764-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 04-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3764-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 04 03 CC MINòw @˜w†CC MIN APR 3 1991 1[H2v8 REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 1991 OF THE CITY OF BALDWIN PARK PAGE FIVE Assistant to the City Manager Volmert's report provided SOURCE a draft schedule of program alternatives to include in REDUCTION the City's Integrated Waste Management Source Reduction AND and Recycling Element. She recommended that Council RECYCLING review these priorities and adopt a schedule of ELEMENT preferred program alternatives. She stated that the more realistic these alternatives the more likely to meet the statutory requirements of AB 939. Mayor Lowes commented on the report and stated that she DISCUSSION didn't exactly understand what is wanted. She assumed that Council is to give a decision on each item listed in the report. Mayor Lowes listed several items for Council RECOMMEN- consideration to be changed as follows: DATIONS Section I. Source Reduction Program Alternatives Economic Incentives #3. From A3 to B2 opposed) #5. From A3 to B2 opposed) #6. From B3 to B1 very opposed) Regulatory Programs #15. From B3 to B1 very opposed) Section II. Recycling Alternatives Supportive Policies #14. From A4 to A6 supporting) #21. From B3 to B2 opposed) Section III. Composting Alternatives Supportive Policies #9. From B5 to B2 opposed) #12. From B2 to B1 very opposed) Council concurred with the recommended changes. CONCURRED City Planner Onaga stated that his report was to provide 88 PLAZA the Council with some background and a description of REPORT the business known as Discount Mart at 88 Plaza", located at 14151 W. Ramona Blvd. He outlined the change in the Municipal Code and the zones required in order to operate an indoor swap meet. He stated that in October 1990, an application was submitted to the City Clerk's office to operate a department store, but Planning requested that a license not be approved based on the advertisements and complaints received, because the store was operating as an indoor swap meet. A final letter submitted by the owner indicated that the owner had purchased all the merchandise from his former co-op members vendors) and that the applicant was now the sole owner of a single business entity. The co-op members would now be hired as employees and a centralized computer would be installed. If the business operates as described in the last letter, it technically qualifies as a department store. Staff will attempt to monitor the business to make sure that it is operating as a department store and not as an indoor swap meet. Mayor Lowes stated that she was still receiving DISCUSSION complaints that 88 Plaza is operating as an indoor swap meet. BIB] 37175-U01 CC-U02 MIN-U02 APR-U02 3-U02 1991-U02 U02 1-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3762-U03 DO3764-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 04-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3764-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 04 03 CC MINòw @˜w†CC MIN APR 3 1991 1[H2v8 REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 1991 OF THE CITY OF BALDWIN PARK PAGE SIX Dick Nichols, Executive Director of the Chamber of NICHOLS Commerce, 4141 N. Maine Avenue, stated that applicants to SB Plaza, sign leases for 300 square feet and that constitutes an indoor swap meet. Mayor Lowes directed staff to continue to monitor 88 DISCUSSION Plaza and directed the City Attorney to look at the language of the code and bring changes to prevent this from happening again. Council concurred. CONCURRED 00- City Clerk Gair and City Attorney Bower's report ELECTION outlined information as to the dates and costs relating REPORT to a Special Election and a Consolidated Election with the County of Los Angeles. If a measure placed before the electorate is a Shall card clubs be allowed in the City of Baldwin Park," then State Law would require that the election be held as a Consolidated Election with the County at a cost in excess of $30,000. He informed the Council that the next Consolidated Election will be November 5, 1991, with a deadline for requesting consolidation of August 9, 1991. City Attorney Bower explained that in order to hold a Special Election, which would be held by the City, there must be a mandatory measure placed before the voters. This would require the actual ordinance to be what is voted on. Only with a mandatory measure is the City allowed to call a Special Election. He stated that a Special Election is called not less than eighty-eight days following the adoption of the Resolution that calls for the election. The cost is approximately $24,000 for a Special Election. Martin & Chapman, election vendors recommended September as the best time for a Special Election. Mayor Lowes directed the City Attorney to prepare an CARD CLUB Ordinance relating to card clubs for the May 1st ORDINANCE meeting. The City Clerk will prepare the resolution Calling the Special Election at the appropriate time. Mayor Lowes directed the City Attorney to bring a report UTILITY to consider implementation of the 3% utility tax on TAX commercial and industrial business, at the April 17th APRIL 17TH meeting. Council concurred. CONCURRED 00- COUNCIL/STAFF REQUESTS AND COMMUNICATIONS Councilman Gallegos stated that Baldwin Park High School 5K RUN Band Boosters have requested a 5K run as a fund raiser REQUESTED and possibly an annual event in the City. City Manager Penman stated that the 5K run has been DISCUSSION scheduled for May 11th or 12th. Staff has looked at the impact for insurance, traffic and the cost of approximately $300 for the police staffing. 00- The regular meeting of the City Council was recessed at RECESSED 8:42 p.m. 8:42 P.M. BIB] 37175-U01 CC-U02 MIN-U02 APR-U02 3-U02 1991-U02 U02 1-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3762-U03 DO3764-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 04-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3764-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 04 03 CC MINòw @˜w†CC MIN APR 3 1991 1[H2v8 REGULAR MEETING OF THE CITY COUNCIL APRIL 3, 1991 OF THE CITY OF BALDWIN PARK PAGE SEVEN The regular meeting of the City Council reconvened at RECONVENED 8:44 p.m. Roll called remained the same. 8:44 P.?!. 00- The City Council was adjourned to a Joint Closed Session CLOSED with the Redevelopment Agency at 8:44 p.m. to consider SESSION pending litigation authorized by Government Code Section 54956.9(a) and significant exposure to litigation as authorized by Government Code Section 54956.9(b)(l). 00- Mayor Lowes declared the regular meeting of the City MEETING Council adjourned at 9:25 p.m. There were no ADJOURNED objections. 9:25 P.M. BIB] 37175-U01 CC-U02 MIN-U02 APR-U02 3-U02 1991-U02 U02 1-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3762-U03 DO3764-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 04-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3764-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05