HomeMy WebLinkAbout1991 08 07 CC MIN1991 08 07 CC MINòw @˜ w Ä CC MIN AUG 7 1991[Þ›[H2´8 REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, CITY HALL,
14403 EAST PACIFIC AVE, WEDNESDAY,
AUGUST 7, 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, AND MAYOR PRO TEM MCNEILL
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,
Deputy City Clerk Branek and
City Clerk Gair
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The absences of Mayor Lowes and City Treasurer ABSCENCES
Montenegro were excused. EXCUSED
00-
Mayor Pro Tern McNeill read a brief biography and AWARD OF
an Award of Merit for Leticia Hernandez, District MERIT
Director for Congressman Torres, who has resigned.
00-
Mayor Pro Tem McNeill declared Oral Communication opened ORAL COMMU
and invited those wishing to speak on any subject to NICATIONS
come forward. OPEN
Ed Huetinck, 13059 Amar Rd. requested the street HUETINCK
vendors and the illegal yard sales be stopped. The
property on the S/W corner of Bess and Dalewood needs to
be cleaned as the weeds block driver visibility.
Steve Gonzales, 4001 Bresee, expressed concern about a GONZALES
neighborhood gang problem at 13901 Lubican, which has
drive-by shootings, loud music, and drugs. He requested
police intervention for the safety of his family and
neighbors.
Dorothy Helmuth, 13904 Belgate, requested police patrol HELMUTH
the neighborhood due to the gang activity at 13901
Lubican as their activities are disruptive to the
neighborhood.
Gayle Zauss, 4340 Merced, inquired if any major traffic ZAUSS
accidents had occurred on Merced at Ramona and briefly
described the road conditions of Merced Avenue which is
under construction.
Keith Cooper, Community Relations Director for United COOPER
Artists Cable T.V., read a portion of a letter sent to
Council that objected to the 3% utility users' tax. The
cable customers pay a 5% franchise fee to the City which
is discriminatory and regressive. He requested that
Council spare their customers and company the burden of
a utility tax on cable television services.
Ralph Miller, 3557 Big Dalton, member of the Anti- MILLER
Graffiti Task Force, spoke about the number of task
force volunteers, the empty lots overgrown with weeds
and the need for a code enforcement officer. He has
taken six hours of videos showing the conditions of the
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1991 08 07 CC MINòw @˜ w Ä CC MIN AUG 7 1991[Þ›[H2´8 REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 1991
OF THE CITY OF BALDWIN PARK PAGE TWO
City and he requested permission to show a condensed
five minute version of the video at the next Council
meeting.
There being no other speakers, Mayor Pro Tern McNeill CLOSED
declared Oral Communication closed.
00-
CONSENT CALENDAR
City Clerk Gair presented the Consent Calendar: CONSENT
CALENDAR
1. Approval of Certificate of Posting for
August 7, 1991
2. Approve Minutes of July 3, 1991 and
July 17, 1991
3. Waive Further Reading and Adopt
RESOLUTION NO. 91-52 ALLOWING CLAIMS AND
DEMANDS AGAINST THE
CITY OF BALDWIN PARK
4. Waive Further Reading and Adopt
ORDINANCE NO. 1052 AMENDING CHAPTER 9.20 OF
Second Reading) THE MUNICIPAL CODE TO
PROVIDE FOR A REWARD
PROGRAM FOR INFORMATION
LEADING TO THE
DETERMINATION OF THE
IDENTITY OF, THE
APPREHENSION OF, AND THE
CONVICTION 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
5. Waive Further Reading and Adopt
RESOLUTION NO. 91-53 OFFERING A REWARD UNDER
THE GRAFFITI OFFENDER
REWARD PROGRAM
6. Waive Further Reading and Adopt
RESOLUTION NO. 91-54 AMENDING THE BUDGET FOR
THE CITY OF BALDWIN PARK
FOR THE FISCAL YEAR
COMMENCING JULY 1, 1991
AND ENDING JUNE 30, 1991
GRAFFITI REWARD PROGRAM)
7. Waive Further Reading and Adopt
ORDINANCE NO. 1053 AMENDING CERTAIN PROVISIONS
Second Reading) OF CHAPTER 3.32 UTILITY
USERS' TAX) OF THE
MUNICIPAL CODE
8. Waive Further Reading and Adopt
RESOLUTION NO. 91-55 ESTABLISHING THE MAXIMUM
HOUSEHOLD INCOME ELIGIBLE
FOR EXEMPTION FROM THE
CITY UTILITY USER TAX
9. Approval of Asbestos Survey Work CTL
Environmental Services Demolition of
4115 and 4127 Laurens Avenue
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1991 08 07 CC MINòw @˜ w Ä CC MIN AUG 7 1991[Þ›[H2´8 REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 1991
OF THE CITY OF BALDWIN PARK PAGE THREE
10. Deny Claim Against the city
David Casas
11. Waive Further Reading and Adopt
RESOLUTION NO. 91-56 GRANTING A TIME
EXTENSION FOR
DEVELOPMENT PLAN
APPLICANT: CHARLES
HO; LOCATION: 3124-
3138 VINELAND AVENUE
CASE NO. Z-480)
12. Waive Further Reading and Adopt
RESOLUTION NO. 91-57 GRANTING A TIME
EXTENSION FOR
DEVELOPMENT PLAN
PATRICK CHIU)
LOCATION: 4327-4349
LA RICA AVENUE
CASE NO. Z-500)
13. Waive Further Reading and Adopt
RESOLUTION NO. 91-58 AMENDING THE BUDGET FOR
THE CITY OF BALDWIN PARK
FOR THE FISCAL YEAR
COMMENCING JULY 1, 1991
AND ENDING JUNE 30,1992
ADDITIONS TO AUTHORIZED
POLICE PERSONNEL)
At the request of Councilman Keyser Item No. 7 of the ITEM NO. 7
Consent Calendar was removed for separate consideration. REMOVED
At the request of Councilman Izell Item No. 13 of the ITEM NO.13
Consent Calendar was removed for separate consideration. REMOVED
It was moved and seconded to approve Items No. 1-6 and CONSENT
8-12 of the Consent Calendar. M/S: IZELL/GALLEGOS. CALENDAR
ROLL CALL VOTE: ROLL CALL
VOTE
AYES IZELL, GALLEGOS, KEYSER, MAYOR PRO TEN MCNEILL
NOES NONE ITEMS 1-6
& 8-12
ABSENT MAYOR LOWES APPROVED
In regard to Item No. 7, Councilman Keyser requested a ITEM NO. 7
separate vote.
It was moved and seconded to adopt the second reading of ORDINANCE
Item No. 7, Ordinance No. 1053 AN ORDINANCE OF THE NO. 1053
CITY COUNCIL AMENDING CERTAIN PROVISIONS OF CHAPTER 3.32 SECOND
UTILITY USERS' TAX) OF THE BALDWIN PARK MUNICIPAL READING)
CODE". M/S: IZELL/GALLEGOS.
ROLL CALL VOTE: ROLL CALL
VOTE
AYES IZELL, GALLEGOS, MAYOR PRO TEN MCNEILL
NOES KEYSER ORDINANCE
NO. 1053
ABSENT MAYOR LOWES APPROVED
In regard to Item No. 13 Councilman Izell commented ITEM NO.
that he wanted to thank staff for placing the utility 13
users' tax in the budget for the new police officers and
a code enforcement officer.
City Manager Penman clarified that the utility users' DISCUSSION
tax is a general fund source and Council has allocated
funds for the police department. Legally a special tax
can only be used for the purpose designated.
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1991 08 07 CC MINòw @˜ w Ä CC MIN AUG 7 1991[Þ›[H2´8 REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 1991
OF THE CITY OF BALDWIN PARK PAGE FOUR
It was moved and seconded to approve Item No. 13, ITEM NO.
Resolution No. 91-58 AMENDING THE BUDGET FOR THE CITY 13
OF BALDWIN PARK FOR THE FISCAL YEAR COMMENCING JULY 1, RESOLUTION
1991 AND ENDING JUNE 30, 1992 ADDITIONS TO AUTHORIZED NO. 91-58
POLICE PERSONNEL)". N/S: IZELL/GALLEGOS.
ROLL CALL VOTE: ROLL CALL
VOTE
AYES IZELL, GALLEGOS, MAYOR PRO TEN MCNEILL
NOES KEYSER RESOLUTION
NO.91-58
ABSENT MAYOR LOWES APPROVED
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PUBLIC HEARING
City Manager Penman requested approval of the second BUILDING
reading of the ordinance amending the Municipal Code CODES &
adopting the latest editions of the various building FIRE CODES
codes and fire codes.
Mayor Pro Tern McNeill declared the Public Hearing open PUBLIC
and invited those wishing to speak on this subject to HEARING
come forward. OPEN
There being no speakers Mayor Pro Tern McNeill declared CLOSED
the Public Hearing closed.
It was moved and seconded to adopt the second reading of ORDINANCE
Ordinance No. 1051, AN ORDINANCE OF THE CITY COUNCIL NO. 1051
OF THE CITY OF BALDWIN PARK AMENDING CERTAIN SECTIONS OF SECOND
THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE ADOPTION READING)
OF NEW UNIFORM CODES". N/S: GALLEGOS/IZELL.
ROLL CALL VOTE: ROLL CALL
VOTE
AYES GALLEGOS, IZELL, KEYSER, MAYOR PRO TEN MCNEILL
NOES NONE
MOTION
ABSENT MAYOR LOWES APPROVED
00-
REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES
Chief of Police Lanza requested approval of a contract COVINA
between the cities of Covina and Baldwin Park for the JAIL
latter to utilize Covina's jail for booking prisoners. AGREEMENT
In 1990 Los Angeles County began charging the City
$114.00 per prisoner for booking costs. The City of
Covina's fee for accepting Baldwin Park prisoners is
$85.00 per person. The Covina jail is closer which
means less out-of-service downtime for the City's
officers. It was recommended to approve an agreement
between Baldwin Park and Covina allowing Baldwin Park's
prisoners to be booked at Covina's jail.
In response to Council questions, Chief Lanza explained DISCUSSION
the percentage of female prisoners taken into custody
and that they would be transported to Los Angeles County
rather than Covina for booking.
Responding to Council concerns about indemnification for
the City, City Attorney Bowers stated that once a
prisoner is dropped off, Baldwin Park has no liability
in terms of mistreatment or negligence that occurs after
that point. Whereas, if the city is transporting to the
facility there is more of a colorful claim in the realm,
but is does become Covina's problem once the prisoner
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1991 08 07 CC MINòw @˜ w Ä CC MIN AUG 7 1991[Þ›[H2´8REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 1991
OF THE CITY OF BALDWIN PARK PAGE FIVE
has been dropped off. The contract is fine the way it
is written.
It was moved and seconded to approve the agreement COVINA
between the City of Baldwin Park and Covina allowing JAIL
Baldwin Park's prisoners to be booked at Covina's jail. AGREEMENT
H/S/C: IZELL/GALLEGOS. There were no objections. APPROVED
Chief of Police Lanza presented to the Council the POLICE
findings and recommendations of the Police Workload WORKLOAD
Study. The consulting firm of PMW Associates submitted STUDY
a twenty-five page report that basically recommended:
1). Maintain at least 40% preventive patrol time; 2).
Hire ten 10) new officers; 3). Maintain a sworn
officer to population ratio of 1.26 to match surrounding
communities. By 1995, departmental sworn strength
should be ninety-one 91), an addition of thirty-one
31) officers; 4). Hire additional personnel as
required to support patrol activities; 5). Hire a
Community Services Officer CSO) to handle low priority
calls and report writing. Staff recommends that Council
accept the consultant's report and request direction on
the manner in which to implement the recommendations in
the report.
It was moved and seconded to approve the consultant's POLICE
Police Workload Study report and provide direction with WORKLOAD
which to implement the consultant's recommendations. STUDY
N/S/C: GALLEGOS/IZELL. There were no objections. APPROVED
City Manager Penman stated the implementation and DISCUSSION
recommendation of ten new positions has been
authorized, but recruiting eighteen police officers will
take some time. The work program will be studied more
and Council will be asked for input.
City Manager Penman requested changes to the City's BUSINESS
business license ordinance, imposing taxes on certain LICENSE
uses and increasing the rate structure in other CHANGES
instances. It is difficult to project the revenue that
will be generated from the new fees. Residential
rentals multiunit buildings) will increase to $15 per
unit, single family rentals one house per lot) will pay
$30, non-residential property provides a base rate of
$50 plus $.95 per every $1,000 in rental income in
excess of $25,000, the miscellaneous category will be
increased to $9 per each employee in excess of three and
filmmaking would be $100 per day. Staff recommends
approval of the ordinance for first reading.
Responding to Council questions City Attorney Bowers DISCUSSION
stated the business license is only a source of revenue
and has no regulatory powers. A permit process would
be the only way to regulate residential rentals.
It was moved and seconded to introduce Ordinance No. ORDINANCE
1054 for first reading, that the ordinance be read in NO. 1054
title only, and all further reading be waived, AN INTRODUCED
ORDINANCE OF THE CITY OF BALDWIN PARK AMENDING CHAPTER FIRST
5.08 OF DIVISION I OF TITLE 5 OF THE BALDWIN PARK READING)
MUNICIPAL CODE REGARDING BUSINESS LICENSE TAXES ON
WAREHOUSES, RENTALS OF REAL PROPERTY, FILMMAKING, AND
MISCELLANEOUS BUSINESSES". N/Sr IZELL/GALLEGOS.
ROLL CALL VOTE: ROLL CALL
VOTE
AYES IZELL, GALLEGOS, KEYSER, MAYOR PRO TEN MCNEILL
NOES NONE ORDINANCE
NO. 1054
ABSENT MAYOR LOWES APPROVED
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1991 08 07 CC MINòw @˜ w Ä CC MIN AUG 7 1991[Þ›[H2´8 REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 1991
OF THE CITY OF BALDWIN PARK PAGE SIX
Administrative Assistant Nunes, informed the Council of HOUSEHOLD
the date and location selected for the City's first HAZARDOUS
Household Hazardous Waste Collection. Staff was WASTE
directed to set up a meeting with Webster's to develop COLLECTION
plans for the Household Hazardous Waste Collection.
Chemical Waste Management, Inc. will collect and
dispose of all the waste and provide an inventory to the
City and State of the hazardous waste material
collected. Webster's agreed to hold two household
roundups a year at their expense, which would include
insurance. The dates suggested were Saturday, September
21 with an alternate date of Saturday, October 5 and the
agreed site would be the Morgan Park parking lot.
Hazardous waste will only be accepted from the residents
of the City. The City is responsible for the
advertising of the event. Staff recommends that Council
receive and file this report.
It was moved and seconded to receive and file the REPORT
Household Hazardous Waste Collection report. H/S/C: APPROVED
GALLEGOS/IZELL. There were no objections.
City Clerk Gair requested Council to designate a voting LEAGUE OF
delegate and an alternate to represent the City at the CALIFORNIA
League of California Cities which will be held in San CITIES
Francisco on October 13-16th.
It was moved and seconded to appoint Mayor Bette Lowes DELEGATE &
as the delegate and Mayor Pro Tern McNeill as the ALTERNATE
alternate. H/S/C: GALLEGOS/IZELL. There were no APPROVED
objections.
00-
COUNCIL/STAFF REQUESTS AND COMMUNICATIONS
Councilman Izell requested that Ralph Miller be allowed FIVE
to show the five minute video at the next Council MINUTE
meeting, he has his own equipment and someone from VIDEO
Channel 2 will condense the film down to five minutes.
City Manager Penman stated that the video could be shown DISCUSSION
during Oral Communication. Mr. Miller would need to
supply a copy for review, prior to the meeting, to make
sure that the film is only five minutes in length.
It was moved and seconded that Ralph Miller be allowed SHOWING OF
to show the five minute video during Oral Communication VIDEO
at the August 21st Council meeting. H/S/C: APPROVED
IZELL/GALLEGOS. There were no objections.
Councilman Izell requested that staff bring back a DISCLOSURE
report regarding a copy of a disclosure statement, which STATEMENT
is required by state law, to be placed in the building REQUEST
files of each residence sold in the city.
City Manager Penman stated that August 21st starts BEBOP AUGUST
with the Jr. Miss Pageant which begins at 5:00 p.m. If 21ST
Council agrees, the Council meeting will still be held MEETING
at 7:00 p.m.
Council concurred. CONCURRED
00-
It was moved and seconded to adjourn the regular meeting MEETING
of the City Council at 8:10 p.m. The meeting was ADJOURNED
adjourned in memory of Mrs. Abe Willis. H/S/C: 8:10 P.M.
IZELL/GALLEGOS. There were no objections.
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