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HomeMy WebLinkAbout1991 07 17 CC MIN1991 07 17 CC MINòw @˜w· CC MIN JUL 17 1991â›[H2§ 8 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVE, WEDNESDAY, July 17, 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, MC NEILL AND MAYOR LOWES ALSO PRESENT: City Manager Penman City Attorney Bower, Dir. of Administrative Services Schuld, Police Chief Lanza, Dir. of Human Serv. Lucas, City Planner Onaga, Interim City Engineer Rodriguez, City Treasurer Montenegro, Deputy City Clerk Branek and City Clerk Gair 00- Mayor Lowes recognized Bill Neelans, Informations NEELANS Service Manager and welcomed him home from a tour of duty during the war with Iraq. Mayor Lowes read a brief biography and presented an AWARD OF Award of Merit to Merrill F. Whitley, Planning MERIT Commissioner, who has resigned. Chief of Police Lanza introduced officer Maximiliano OATH OF Garcia and told of his background and education. City OFFICE Clerk Gair administered the Oath of Office to the Officer. 00- Mayor Lowes declared Oral Communications open and ORAL COMXU invited those wishing to speak on any subject to come NICATIONS forward. OPEN Pam Schnabel, 14217 Los Angeles St., commented about a SCHNABEL packet left on her door requesting a water sample and that it was misleading, because the company wants to sell water equipment. Helen Trevino, 13528 Rexwood, stated that a sidewalk is TREVINO required to be installed on her property and at this time it would create a hardship. Other homes on her street that have made improvements do not have sidewalks. Bill Van Cleave, 13232 Emery, asked Council to consider VAN CLEAVE placing a 3% utility tax on the business owners as this amount would not be a hardship on the business owners. He expressed his surprise at the 5% utility tax recommendation. He requested that the police assessment tax be placed on the ballot. Jeanne Martens, 14847 Sierra Way, expressed her MARTENS appreciation for the pool at Morgan Park. She invited everyone to the Anti-Graffiti Task Force meeting at 8:00 a.m. or 7:00 p.m. on July 18th at the Community Center. She agreed that a 5% utility tax may cause a hardship on some business owners and she asked that the assessment tax be placed on the ballot. BIB] 37175-U01 CC-U02 MIN-U02 JUL-U02 17-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3774-U03 DO3776-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 07-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3776-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 07 17 CC MINòw @˜w· CC MIN JUL 17 1991â›[H2§ 8 REGULAR MEETING OF THE CITY COUNCIL JULY 17, 1991 OF THE CITY OF BALDWIN PARK PAGE TWO Levi Richard, 3336 Millbury, stated that the utility tax RICHARD is needed, that all should participate and that it should be for a period of five 5) years. Juliet Castro, 13241 Emery, stated that 3% utility tax CASTRO is enough to charge. Eileen Pinherio, 13009 Amar Rd., commented on Herschel PINHERIO Keyser being in favor of a utility tax, that the utility tax should be paid by everyone and referred to the ways of raising money for the City in the days past. Ralph Miller, 3557 Big Dalton, requested possibility of MILLER reinstating Code Enforcement. Gerard Avila, 12769 Torch, commented on the utility tax AVILA and that he is against the tax. He expressed his opinion regarding the cause of financial problems in the City and the need for Hispanic representation. Frank Fitzgerald, 14802 Clydewood, stated that the City FITZGERALD officials in office are not the ones to blame for the financial condition of the City and he encouraged Council to implement the utility tax. He also stated that no matter what ethnic group people belong to, they are Americans first. Gayle Zauss, 4340 Merced, spoke in favor of the utility ZAUSS tax, code enforcement, and the need to keep police officers. She stated that the troubles of the City relate to decisions made back ten years ago. There being no other speakers, Mayor Lowes declared Oral CLOSED Communication closed. 00- City Clerk Gair presented the Consent Calendar: CONSENT CALENDAR 1. Approval of Certificate of Posting for July 17, 1991 2. Waive Further Reading and Adopt RESOLUTION NO. 91-38 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 3. Receive and File Treasurer's Report June 30, 1991 4. Waive Further Reading and Adopt ORDINANCE NO. 1049 APPROVING A CHANGE OF Second Reading) ZONE FROM FC FREEWAY COMMERCIAL, TO FC SV) FREEWAY COMMERCIAL SIERRA VISTA OVERLAY ZONE ON APPROXIMATELY 62 ACRES OF REAL PROPERTY LOCATED WITHIN THE SIERRA VISTA REDEVELOPMENT PROJECT AREA APPLICANT: CITY OF BALDWIN PARK; CASE NO. Z-502) 5. Waive Further Reading and Adopt ORDINANCE NO. 1050 AMENDING CHAPTERS 17.21 Second Reading) FREEWAY COMMERCIAL ZONE 17.23 OFFICE-INDUSTRIAL ZONE, 17.24 COMMERCIAL MANUFACTURING ZONE AND 17.25 INDUSTRIAL-COMMERCIAL ZONE OF THE BALDWIN PARK MUNICIPAL CODE TO PERMIT BIB] 37175-U01 CC-U02 MIN-U02 JUL-U02 17-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3774-U03 DO3776-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 07-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3776-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 07 17 CC MINòw @˜w· CC MIN JUL 17 1991â›[H2§ 8 REGULAR MEETING OF THE CITY COUNCIL JULY 17, 1991 OF THE CITY OF BALDWIN PARK PAGE THREE DEVELOPMENT ON EXISTING LOTS WHICH DO NOT MEET THE MINIMUM LOT AREA STANDARDS AND ADDING CHAPTER 17.29 WHICH ESTABLISHES CERTAIN ZONING REGULATIONS RELATING TO SIERRA VISTA OVERLAY ZONE DISTRICTS CASE NO. AZC-127) 6. Waive Further Reading and Adopt RESOLUTION NO. 91-39 ADOPTING STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION 7. Waive Further Reading and Adopt RESOLUTION NO. 91-40 ESTABLISHING A CLASSIFICATION PLAN FOR THE CITY'S CLASSIFIED SERVICE POSITIONS 8. Waive Further Reading and Adopt RESOLUTION NO. 91-41 ADOPTING A BASIC SALARY PLAN FOR EMPLOYEES OF THE CITY OF BALDWIN PARK 9. Waive Further Reading and Adopt RESOLUTION NO. 91-42 FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT * 10. waive Further Reading and Adopt RESOLUTION NO. 91-43 PROVIDING FOR THE PARTICIPATION OF THE CITY IN THE L.A. COUNTY TASK FORCE It was moved and seconded to approve the Consent Calendar as presented. N/S: MCNEILL/IZELL. ROLL CALL VOTE: ROLL CALL VOTE AYES MCNEILL, IZELL,GALLEGOS,KEYSER,MAYOR LOWES NOES NONE CONSENT CALENDAR ABSTAIN NONE APPROVED 00- PUBLIC HEARING City Manager Penman requested a proposed amendment to FACADE the 17th Year Final Statement, to include the Facade PROGRAM/ Program/Activity in the amount of $19,000. He reviewed ACTIVITY the difficulties and delays of completing the program. On July 1, 1991, the proposal to add the Facade Program/Activity to the 17th Year CDBG Program was reviewed and approved by the CDBG Advisory Committee, a public notice was made regarding the hearing with no negative comments. Staff recommends approval of Amendment No. 1 to the Final Statement, to include the Facade Program/Activity for $19,000. Mayor Lowes declared the Public Hearing open on PUBLIC Amendment No. 1 to the Final Statement, to include the HEARING Facade Program/Activity. OPEN BIB] 37175-U01 CC-U02 MIN-U02 JUL-U02 17-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3774-U03 DO3776-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 07-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3776-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 07 17 CC MINòw @˜w· CC MIN JUL 17 1991â›[H2§ 8 REGULAR MEETING OF THE CITY COUNCIL JULY 17, 1991 OF THE CITY OF BALDWIN PARK PAGE FOUR There being no speakers, Mayor Lowes declared the Public CLOSED Hearing closed. It was moved and seconded to approve Amendment No. 1 to FACADE the Final Statement, to include the Facade PROGRAM/ Program/Activity for $19,000. H/S/C: MCNEILL/GALLEGOS. ACTIVITY There were no objections. APPROVED 00- REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES City Clerk Gair explained that two of the five offices STAFF of the Human Services Commission expired on June 30, REPORTS 1991, both terms are for two years; two of the seven CITY offices of the Housing Commission expired on June 30, COMMISSION 1991, the different requirements of each office and APPOINT- terms of each office; and four of the seven offices of MENTS the Planning Commission expired on June 30, 1991 with the terms of two years. All present commissioners have responded that they are willing to accept reappointment to their respective commissions, with the exception of Planning Commissioner Merrill Whitley who has submitted his resignation. Legal notices were properly advertised regarding the unscheduled vacancy created by Mr. Whitley. Council has received a list of all persons seeking commission appointments. She recommended that Council appoint or reappoint commissioners to the Human Services, Housing and Planning Commissions and adopt the appropriate resolutions relating to those commissions. It was moved and seconded to reappoint Betty Wallace and RESOLUTION Dorothy Harper to the Human Services Commission and NO. 91-44 adopt Resolution No. 91-44, A RESOLUTION OF THE CITY ADOPTED COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING MEMBERS TO THE HUMAN SERVICES COMMISSION OF THE CITY OF BALDWIN PARK". N/S/C: GALLEGOS/IZELL. There were no objections. It was moved and seconded to reappoint Frank Fitzgerald, RESOLUTION Raul Reyes and Ed Huetinck and appoint Adrienne Gaffers NO. 91-45 to the Planning Commission and adopt Resolution No. 91- ADOPTED 45, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING MEMBERS TO THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK". N/S/C. MCNEILL/IZELL. There were no objections. It was moved and seconded to reappoint Arlene Worsham RESOLUTION and Patrick Mower to the Housing Commission and adopt NO. 91-46 Resolution No. 91-46, A RESOLUTION OF THE CITY COUNCIL ADOPTED OF THE CITY OF BALDWIN PARK APPOINTING MEMBERS TO THE HOUSING COMMISSION OF THE CITY OF BALDWIN PARK". H/S/C: GALLEGOS/IZELL. There were no objections. Police Chief Lanza requested approval of an amendment to GRAFFITI the Municipal Code Section 9.20, offering a reward for REWARD information leading to the apprehension and conviction PROGRAM of those persons in violation of the City's Graffiti Ordinance. He referred to Government Code Section 53069.5 which authorizes city governments to authorize rewards. The reward incentive would have a positive impact on the community and assist the City in curtailing graffiti related crimes. The initial funding of $5,000 to fund rewards would be requested with possible sources from the General Fund, Asset Seizures and/or private donations. The reward amounts would need to be established by resolution. Staff recommends that the Council amend Municipal Code Section 9.20 by adding 9.20.050 which will provide for a graffiti reward program and determine a funding source for the program. BIB] 37175-U01 CC-U02 MIN-U02 JUL-U02 17-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3774-U03 DO3776-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 07-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3776-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 07 17 CC MINòw @˜w· CC MIN JUL 17 1991â›[H2§ 8 REGULAR MEETING OF THE CITY COUNCIL JULY 17, 1991 OF THE CITY OF BALDWIN PARK PAGE FIVE It was moved and seconded to Introduce Ordinance No. ORDINANCE 1052 for first reading, read in title only and all NO. 1052 further reading be waived of the ordinance, AN FIRST ORDINANCE OF THE CITY OF BALDWIN PARK AMENDING CHAPTER READING) 9.20 OF THE MUNICIPAL CODE TO PROVIDE FOR A REWARD PROGRAM FOR INFORMATION LEADING TO THE DETERMINATION OF THE IDENTITY OF, THE AP OF ANY PERSON OR PERSONS WHO WILLFULLY DAMAGE OR DESTROY ANY PUBLIC OR PRIVATE PROPERTY IN THE CITY OF BALDWIN PARK BY PLACING GRAFFITI ON SAID PROPERTY IN VIOLATION OF LAW". H/S: IZELL/MCNEILL. ROLL CALL VOTE: ROLL CALL VOTE AYES IZELL, MCNEILL, GALLEGOS KEYSER,MAYOR LOWES NOES NONE ORDINANCE NO. 1052 ABSTAIN NONE APPROVED council discussed fund raisers, private donations and DISCUSSION the recovery of reward monies from persons convicted of destroying or defacing property. It was moved and seconded that the initial funding of GRAFFITI $5,000 be taken from the Asset Seizure Fund and proceed REWARD with fund raisers and community activities to fund the PROGRAM reward program. H/S/C: MCNEILL/GALLEGOS. There APPROVED were no objections. City Manager Penman stated that on July 3, 1991 Council UTILITY voted to reimplement the utility users tax ordinance. USERS There are two separate draft ordinances prepared, one TAX for 3% and the other for 5%. He outlined the revenues that would be gene exemptions, the length of time the utility companies need to enact the ordinance and that all the utility companies can handle the split rate except the telephone company. This is a tax measure and the ordinance would take effect immediately. The utility companies need forty-five 45) to ninety 90) days to set the billing for the consumer. Responding to Council questions, City Manager Penman DISCUSSION commented on the majority of funding going to the police department, the need for a code enforcement officer to handle serious problems and that he was not familiar enough with the operation of the volunteer programs. As funds are generated by the assessment tax then the utility tax could be reduced. The utility tax revenue would be placed in the general fund and it is possible for the City to make a loan to CRA from the general fund. Councilman Keyser stated that if the utility tax is used for the police department, there may be a backlash at the polls on the special police assessment. He also recommended a possible sunset clause" to be included in the ordinance. It was moved and seconded to introduce Ordinance No. ORDINANCE 1053 for first reading, that the ordinance be read in NO. 1053 title only, and that all further reading be waived, AN FIRST ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN READING) PARK AMENDING CERTAIN PROVISIONS OF CHAPTER 3.32 UTILITY USERS' TAX OF THE BALDWIN PARK MUNICIPAL CODE", with a change on page two 2) section 4, Commencing September 1, 1991 to read Commencing immediately. H/S: MCNEILL/GALLEGOS. BIB] 37175-U01 CC-U02 MIN-U02 JUL-U02 17-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3774-U03 DO3776-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 07-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3776-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 07 17 CC MINòw @˜w· CC MIN JUL 17 1991â›[H2§ 8 REGULAR MEETING OF THE CITY COUNCIL JULY 17, 1991 OF THE CITY OF BALDWIN PARK PAGE SIX ROLL CALL VOTE: ROLL CALL VOTE AYES MCNEILL, GALLEGOS, IZELL,MAYOR LOWES NOES NONE VOTE NOT ABSTAIN KEYSER UNANIMOUS It was moved and seconded that Ordinance No. 1053 be ORDINANCE read in title only and that all further reading be NO. 1053 waived AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TITLE BALDWIN PARK AMENDING CERTAIN PROVISIONS OF CHAPTER 3.32 ONLY) UTILITY USERS' TAX) OF THE BALDWIN PARK MUNICIPAL CODE". H/S: GALLEGOS/MCNEILL. ROLL CALL VOTE: ROLL CALL VOTE AYES GALLEGOS MCNEILL, IZELL, MAYOR LOWES NOES NONE VOTE NOT ABSTAIN KEYSER UNANIMOUS It was moved and seconded that Ordinance No. 1053 be ORDINANCE introduced for first reading AN ORDINANCE OF THE CITY NO. 1053 COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CERTAIN INTRODUCED PROVISIONS OF CHAPTER 3.32 UTILITY USERS' TAX) OF THE BALDWIN PARK MUNICIPAL CODE". H/S: IZELL/GALLEGOS. ROLL CALL VOTE: ROLL CALL VOTE AYES IZELL,GALLEGOS,MCNEILL,MAYOR LOWES NOES KEYSER VOTE NOT ABSTAIN: NONE UNANIMOUS City Manager Penman read in its entirety Ordinance No. ORDINANCE 1053 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NO. 1053 BALDWIN PARK AMENDING CERTAIN PROVISIONS OF CHAPTER 3.32 READ IN UTILITY USERS' TAX) OF THE BALDWIN PARK MUNICIPAL ENTIRETY CODE". Exhibit A" attached) It was moved and seconded that Ordinance No. 1053 be ORDINANCE introduced for first reading AN ORDINANCE OF THE CITY NO. 1053 COUNCIL OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK INTRODUCED AMENDING CERTAIN PROVISIONS OF CHAPTER 3.32 UTILITY USERS' TAX) OF THE BALDWIN PARK MUNICIPAL CODE". H/S: IZELL/GALLEGOS. ROLL CALL VOTE: ROLL CALL VOTE AYES IZELL,GALLEGOS,MCNEILL,MAYOR LOWES NOES KEYSER ORDINANCE NO. 1053 ABSTAIN NONE APPROVED City Manager Penman presented a draft agreement with the CHAMBER OF Chamber of Commerce for administration of the AB 1693 COMMERCE funds for Fiscal Year 1991-92. The report included the AGREEMENT requirements for the Christmas promotions, July 4th fireworks, BEBOP and the parade, along with payment of overtime for the parade. The draft provides that the Chamber shall receive $130,000, if the City collects less than that, the Chamber shall receive the lower amount. If the City collects more than the $130,000 the City could retain those funds for certain eligible uses identified during the year. It was recommended that Council approve the agreement as submitted or with amendments. BIB] 37175-U01 CC-U02 MIN-U02 JUL-U02 17-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3774-U03 DO3776-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 07-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3776-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 07 17 CC MINòw @˜w· CC MIN JUL 17 1991â›[H2§ 8 REGULAR MEETING OF THE CITY COUNCIL JULY 17, 1991 OF THE CITY OF BALDWIN PARK PAGE SEVEN Dick Nichols, Executive Director of Chamber of Commerce, NICHOLS asked Council to amend the contract to require two reports on the AB1693 funds to the Chamber per year and also, that the City continue to absorb the cost of police and public works personnel for the parade. City Manager Penman stated the following changes: 1. Section E of page four, add to the end of the sentence not less than two reports a year". 2. Page five, under Reports, should read Area funds shall not be used to pay for more than one audit during the term of the agreement" Councilman Gallegos recommended adding language to the agreement on page two, Section A, Subsection B, a provision of appeal to the City regarding Area funds shall be used to finance direct City costs for traffic control and safety of the Parade", that the requirement be waived. City Attorney Bower stated that language could be added before area funds shall be used" to unless waived by the Council, area funds shall be used". It was moved and seconded to approve the Chamber MOTION TO agreement with the following changes specified by APPROVE Council: 1) on page four, Section 3, not less than two AGREEMENT reports a year"; 2) page five under Reports, Area funds WITH shall not be used to pay for more than one audit during AMENDMENTS the term of the agreement"; 3) page two, Section A, Subsection B, unless waived by the Council, area funds shall be used". fl/S: GALLEGOS/IZELL. ROLL CALL VOTE: ROLL CALL VOTE AYES GALLEGOS, IZELL NOES KEYSER, MCNEILL, MAYOR LOWES MOTION ABSTAIN NONE FAILS It was moved and seconded to approve the Chamber MOTION TO contract with the wording changed on page two, Section APPROVE A Subsection B, to read as follows, 1) Area funds AGREEMENT shall be used to finance one-half of City costs for WITH traffic control and safety of the parade"; 2) page four, AMENDMENTS Section E, not less than two reports a year"; and 3) Area funds shall not be used to pay for more than one audit during the term of the agreement". N/S: GALLEGOS/IZELL. ROLL CALL VOTE: ROLL CALL VOTE AYES GALLEGOS1 IZELL NOES KEYSER, MCNEILL, MAYOR LOWES MOTION ABSTAIN NONE FAILS It was moved and seconded to approve the chamber CHAMBER agreement as written with changes that read as follows: AGREEMENT 1) page four, Section E, not less than two reports a WITH year"; 2) page five under Reports, Area funds shall not CHANGES be used to pay for more than one audit during the term of the contract". N/S: KEYSER/MCNEILL. BIB] 37175-U01 CC-U02 MIN-U02 JUL-U02 17-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3774-U03 DO3776-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 07-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3776-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 07 17 CC MINòw @˜w· CC MIN JUL 17 1991â›[H2§ 8 REGULAR MEETING OF THE CITY COUNCIL JULY 17, 1991 OF THE CITY COUNCIL PAGE EIGHT ROLL CALL VOTE: ROLL CALL VOTE AYES KEYSER,MCNEILL, GALLEGOS, IZELL, MAYOR LOWES NOES NONE CHAMBER AGREEMENT ABSTAIN: NONE APPROVED Assistant to the city Manager Volmert presented a WEBSTER'S resolution amending rates for refuse collection in the RATE City which is provided for in the franchise agreement AMENDMENT between the City and Waste Management of San Gabriel/Pomona Valleys Websters). Both commercial and residential rates are regulated by the current agreement and the current agreement specifies the method by which rate increases are to occur. The adjustment formula was outlined and the service rates presented. It was recommended that the Council adopt the resolution amending the established rates for refuse collection within the City of Baldwin Park with September 1, 1991 being the effective date. It was moved and seconded to adopt Resolution No. 91- RESOLUTION 47, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 91-47 BALDWIN PARK AMENDING RESOLUTION NO. 89-95 SETTING SERVICE RATES FOR REFUSE COLLECTION PURSUANT TO AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND WEBSTER' S REFUSE DISPOSAL FOR COLLECTION OF SOLID WASTES". MIC: IZELL/MCNEILL. ROLL CALL VOTE: ROLL CALL VOTE AYES IZELL,MCNEILL,GALLEGOS,KEYSER,MAYOR LOWES NOES NONE RESOLUTION NO. 91-47 ABSTAIN NONE ADOPTED 00- COUNCIL/STAFF REQUEST AND COMMUNICATIONS Councilman Izell requested that weeds be removed at the TELACU Telacu project on Pacific Avenue. PROJECT 00- The regular meeting of the City Council was recessed at RECESSED 8:48 p.m. 8:48 P.M. The regular meeting of the City Council reconvened at RECONVENED 8:53 p.m. Roll call remained the same. 8:53 P.M. 00- CLOSED SESSION The City Council was adjourned to a Joint Closed Session CLOSED with the Redevelopment Agency at 8:53 p.m to consider SESSION Meet and Confer, personnel matter and pending litigation as authorized by Government Code Sections 54957.6, 54957 and 54956.9 a). 00- Mayor Lowes declared the regular meeting of the City MEETING Council adjourned at 9:37 p.m. There were no ADJOURNED objections. BIB] 37175-U01 CC-U02 MIN-U02 JUL-U02 17-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3774-U03 DO3776-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 07-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3776-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 07 17 CC MINòw @˜w· CC MIN JUL 17 1991â›[H2§ 8 ORDINANCE NO. 1053 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF. BALDWIN PARK AMENDING CERTAIN PROVISIONS OF CHAPTER 3.32 UTILITY USERS' TAX) OF THE BALDWIN PARK MUNICIPAL CODE WHEREAS, Chapter 3.32 of the Baldwin Park Municipal Code provides for a utility users' tax; and WHEREAS, Chapter 3.32 includes provisions relating to a telephone user S tax and also provides for certain exemptions from such taxation; and WHEREAS, the City Council desires to amend the existing code provisions to update certain of the code provisions, make certain changes to more equitably distribute the tax, and to collect the tax on telephone usage whether such usage is intrastate or interstate. NOW, THEREFORE, the City Council of the City of Baldwin Park ordains as follows: Section 1. The first sentence of Subsection A of Section 3.32.070 of Chapter 3.32 of the Baldwin Park Municipal Code is hereby deleted and replaced with the following: Any service user shall be eligible for an exemption from the taxes imposed by this chapter if 1.) he or she is certified as meeting the criteria of disability as established by the Social Security Administration for Supplemental Income for the Aged, Blind or Disabled; and/or 2 the annual gross income of all persons in the household in which such individual resides is less than the annual amount prescribed by resolution of the City Council. Section 2. The first sentence of Subsection A of Section 3.32.080 of Chapter 3.32 of the Baldwin Park Municipal Code is hereby deleted and replaced with the following: There is imposed a tax upon every person in the city or other than the city and any telephone corporation, using intrastate and/or interstate telephone communication services in the city. Section 3. Subsection C of Section 3.32.080 of Chapter 3.32 of the Baldwin Park Municipal Code is hereby deleted and replaced with the following: Notwithstanding the provisions of Subsection A of this section, the tax imposed under this section shall not be imposed upon any person for using intrastate and/or interstate telephone communication services to the extent that the amounts paid fort such services are exempt from or not subject to the tax imposed under Division 2, Part 20 of the California Revenue and Taxation Code or the * tax imposed under Section 4251 of the Internal Revenue Code. Exhibit A) BIB] 37175-U01 CC-U02 MIN-U02 JUL-U02 17-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3774-U03 DO3776-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 07-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3776-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 07 17 CC MINòw @˜w· CC MIN JUL 17 1991â›[H2§ 8 ORDINANCE NO. 1053 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a REGULAR MEETING of the City Council on the 17th day of July, 1991. That, thereafter, said Ordinance was duly approved and adopted at a REGULAR MEETING of the Baldwin Park City Council on the day of 1991, by the following vote: AYES: COUNCILMEN______________________________________ NOES: COUNCILMEN______________________________________ ABSENT: COUNCILMEN_______________________________________ ABSTAIN: COUNCILMEN.__________________________________________ LINDA L. GAIR, CITY CLERK BIB] 37175-U01 CC-U02 MIN-U02 JUL-U02 17-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3774-U03 DO3776-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 07-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3776-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05