HomeMy WebLinkAbout1992 10 07 CC MIN1992 10 07 CC MINòw @˜ x T CC MIN OCT 7 1992[Þ›[H'8 REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, CITY HALL,
14403 EAST PACIFIC AVE, WEDNESDAY,
OCTOBER 7, 1992 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, MARTINEZ, ROLL CALL
MCNEILL AND MAYOR VARGAS
ALSO PRESENT: City Manager Penman,
City Attorney Bower,
Dir. of Administrative
Services Pachon,
Police Chief Lanza,
Dir. of Human Services Nunez,
Director of Public Works Mousavi,
City Treasurer Montenegro,
Deputy City Clerk Branek and
City Clerk Gair
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Councilman Izell's absence was excused. ABSENCE
EXCUSED
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Mayor Vargas read a proclamation declaring October, 1992 PROCLAMA
Z as Crime Prevention Month and presented it to Crime TION
Prevention Officer Kolbach.
Chief Lanza introduced Police Officer Mike Davis and OATH OF
told of his background and education. City Clerk Gair OFFICE
administered the Oath of Office to Officer Davis.
chief Lanza introduced the K-9 Team, Officers Van der INTRODUC
Heyden and Kai and told of their background. Chief Lanza TION
presented Kai with a police badge.
Mayor Vargas presented Awards of Merit to Planning AWARDS OF
Commissioners Adrienne Gaffers and Dan Steffen. MERIT
City Clerk Gair administered the Oath of Office to OATH OF
Planning Commissioners Alfonso Contreras, Manuel Lozano OFFICE
and Robert Ochoa-Schutz.
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ORAL COMMUNICATION
Mayor Vargas declared Oral Communications open and ORAL COMMU
invited those wishing to speak on any subject to come NICATION
forward. OPEN
Pam Schnabel, 14217 Los Angeles St., thanked staff for SCHNABEL
transferring the bus stop to another area, and that the
appearance of the yard has improved where the bus stop
was located. She stated that the neighbors are
complaining about the noise of the buses.
Larry Walton, National Representative of Head Start, WALTON
voiced his concern about the grant money lost to the
school district, the need for proposals to be written
and the benefits the monies would provide.
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OF THE CITY OF BALDWIN PARK PAGE TWO
There being no other speakers, Mayor Vargas declared CLOSED
Oral Communication closed.
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CONSENT CALENDAR
City Clerk Gair presented Consent Calendar A:
1. Approval of Certificate of Posting for
September 21, 1992, September 28, 1992 and
October 7, 1992
2. Approve Minutes of September 16, 1992,
September 21, 1992 and September 28, 1992
3. Waive Further Reading and Adopt
RESOLUTION NO. 92-89 ALLOWING CLAIMS AND
DEMANDS AGAINST THE
CITY OF BALDWIN PARK
4. Receive and File Treasurer's Report
July 31, 1992 and August 31, 1992
5. Approve Award of Contract Slurry Seal
Doug Martin Contracting Co., Inc.
6. Approve Award of Contract Traffic Signal
Modifications Baldwin Park Blvd/Merced Avenue
CI? 284 D & V Electric
7. Approve Award of Contract CDBG Sidewalk
FY 92-93 Project JDC General Engineering
Contracting
8. Approve Extension of Agreement Los Angeles
County Dial-A-Ride
9. Approve Use of the Planning Center
Air Quality Element
10. Waive Further Reading and Adopt
RESOLUTION NO. 92-91 AMENDING THE CITY'S
STANDARD PLANS FOR
PUBLIC WORKS
CONSTRUCTION
11. Waive Further Reading and Adopt
RESOLUTION NO. 92-92 GRANTING A TIME
EXTENSION TO THE
APPROVAL OF A
DEVELOPMENT PLAN AND
TENTATIVE TRACT MAP
APPLICANT: PATRICK CHIU;
LOCATION: 4327-4349
LA RICA AVE; CASE NO:
Z-500 & TM 48748)
12. Approve Change Order Installation of Traffic
Signal Los Angeles St/Merced Avenue
Antelope Valley Signal, Inc.
It was moved and seconded to approve Consent Calendar A CONSENT
as presented. M/S/C: MCNEILL/GALLEGOS. There were no CALENDAR A
objections.
CONSENT CALENDAR B
City Clerk Gair presented Consent Calendar B: CONSENT
CALENDAR B
1. Waive Further Reading and Adopt
RESOLUTION NO. 92-83 ALLOWING CLAIMS AND
DEMANDS AGAINST THE
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1992 10 07 CC MINòw @˜ x T CC MIN OCT 7 1992[Þ›[H'8 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 1992
OF THE CITY OF BALDWIN PARK PAGE THREE
CITY OF BALDWIN PARK
SOUTHERN CALIFORNIA
EDISON)
It was moved and seconded to approve Consent Calendar B, CONSENT
Item No. 1 as presented. M/S/C: GALLEGOS/MCNEILL. CALENDAR B
Councilman Martinez abstained due to a possible conflict APPROVED
of interest.
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PUBLIC HEARINGS
Mayor Vargas introduced the Public Hearing on An appeal PUBLIC
to the Planning Commissions decision to deny a Zone HEARING
Variance ZV-602) which would allow a fence that does INTRODUCED
not conform to Code."
City Planner Onaga requested Council consideration of an ZV-602
appeal of the Planning Commission's denial of a request
for approval of a zone variance from Section 17.46.050.A
of the City Code to permit a wrought iron fence six 6)
feet in height within the front and street side yard
areas of a CM Commercial Manufacturing) zoned property.
The applicant was seeking an after the fact" approval
for the fence that was illegally installed at least six
months ago. The Code does not permit a fence of any
height in the front or street side yard areas of a C"
or I" zoned property. Landscaping was suggested as a
buffer against graffiti and it enhances the appearance
of the site. Staff recommended that the variance not be
approved, as there is no legal justification for the
variance, approval of the variance would set a precedent
for approval of all similar requests, and a suitable
alternative is available landscaping) to the applicant
and other property owner's for protection against
graffiti. Staff recommended that Council adopt the
Findings of Fact as listed in the staff report and adopt
the resolution denying ZV-602.
Mayor Vargas declared the Public Hearing open and PUBLIC
invited those wishing to speak on ZV-602 to come HEARING
forward. OPEN
Fritz Ehlers, 4150 Puente Ave., stated that he did not EHLERS
know it was a code violation to install the wrought iron
fence, since a permit was not required. Graffiti is
sprayed on the buildings that do not have fences. The
building is attractive, landscaping has been planted
and he did not want to cover the building with plants.
William Van Cleave, 13232 Emery, stated that the fence VAN CLEAVE
was nice. He confirmed that buildings without fences
are spray painted every night. Cal Trans has installed
barbed wired on freeway signs that does not deter
graffiti. The City needs to think about the businessman
and possibly change the Municipal Code.
Robert Ehlers, 4150 Puente Ave., stated that he felt the EHLERS
Planning Commission discriminated against their
business. He provided pictures to Council of businesses
that have fences and stated that the building would be
vandalized if the fence is removed.
Jeanne Martens, 14847 Sierra Way, stated that the MARTENS
businessman and residents of the City need to take
responsibility for cleaning off graffiti, funding may
not be available much longer to assist graffiti program
and the City may need to review the Municipal Code.
Roy Test, 15115 Kenoak Drive, stated that the City had TEST
allowed All Star Automotive to be located at the Puente
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1992 10 07 CC MINòw @˜ x T CC MIN OCT 7 1992[Þ›[H'8REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 1992
OF THE CITY COUNCIL PAGE FOUR
site, the building is neat and the fence is serving the
purpose. He requested the City issue the variance and
change the Municipal Code.
Bette Lowes, 14122 Chilcot, stated that in these times LOWES
the City should assist the property owner and
businessman to keep graffiti off the buildings, the
fence is attractive and not offensive.
There being no other speakers, Mayor Vargas declared the CLOSED
Public Hearing closed.
In response to Mayor Pro Tern Gallegos, Fritz Ehlers, DISCUSSION
stated that a permit was not required to install the
fence, the fence is nice looking, flowers have been
planted and they are growing. The wrought iron is not a
continous fence it has blocks installed every few feet.
He felt that the Municipal Code needed to be changed.
It was moved and seconded to adopt Resolution No. 92-93 RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN NO. 92-93
PARK DENYING A ZONE VARIANCE TO PERMIT A WROUGHT IRON ADOPTED
FENCE WITHIN THE FRONT AND STREET SIDE YARD AREAS OF A
CM COMMERCIAL MANUFACTURING) ZONED PROPERTY.
APPLICANT: FRITZ EHLERS; LOCATION: 4150 PUENTE
AVENUE; CASE NO: ZV-602). M/S/C: GALLEGOS/MARTINEZ.
There were no objections.
City Manager Penman requested Council to continue the CITY FEES
Public Hearing relating to the adjustments to various
City Fees. The utility companies need to present input
regarding the new fees.
It was moved and seconded to continue the Public Hearing PUBLIC
to Consider adjustments to various City Fees" to HEARING
November 4th. N/S/C: MARTINEZ/GALLEGOS. There were no CONTINUED
objections. 11/4/92
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REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES
Administrative Assistant Mimura requested Council COLLEGE OF
consideration to amend an existing lease agreement with OPTOMETRY
Southern California College of Optometry SCCO) for AGREEMENT
rental space in the city-owned incubator building
Baldwin Park Commercial Development Center). SCCO
requested an amendment to the Lease Agreement to permit
SCCO to sub-lease 50% or 100% of the leased space. SCCO
desires to terminate the operation of the Optometric
Clinic at the leased site due to economic reasons. The
building is 3200 sq.ft and is currently being rented at
20 cents a sq. ft. He explained that the current
Lease Agreement does not permit sub-leasing of greater
than 1/3 of the leased space and suggested three options
for Council consideration. Staff made no
recommendation, however, requested Council direction
and/or action.
In response to Council, City Manager Penman stated that DISCUSSION
there is a prospective tenant, and the tenant is not
nonprofit which creates a problem with subsidy. The
building was funded by CDBG and the money collected has
to go back to CDBG.
It was moved and seconded to approve Option No. 1 To MOTION FOR
permit SCCO's request to sub-lease 100% of leased space OPTION
at the current monthly rent of $640.00 for the balance NO. 1
of the Lease Agreement." M/S: MCNEILL/GALLEGOS.
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1992 10 07 CC MINòw @˜ x T CC MIN OCT 7 1992[Þ›[H'8REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 1992
OF THE CITY OF BALDWIN PARK PAGE FIVE
Council discussed the various options, the amount of DISCUSSION
rent, and the legality of a new optometry group
occupying the building that was not non-profit.
City Attorney Bower stated his concern regarding the CITY
lease and the sublease and the City not being free to ATTORNEY
dispose of property at below market value. As CDBG
funded property this was to serve low and moderate
income persons and this needs to be handled through
negotiations with the tenant, SCCO, and the potential
subleasee. He suggested that Council direct staff to
investigate and explore renegotiation terms of the
agreement before making a decision.
Councilwoman McNeill and Mayor Pro Tern Gallegos withdrew MOTION
their motion and second to approve Option No. 1. WITHDRAWN
It was moved and seconded to direct Staff to research
and explore renegotiation terms on the Lease Agreement
with SCCO and to bring a report back in thirty days.
M/S/C: MCNEILL/GALLEGOS. There were no objections.
City Manager Penman requested Council approval to SALES TAX
finance $6,783.29 in sales taxes owed on the City's ON
telephone system. Municipal Leasing Associates offered TELEPHONE
the City two alternatives to pay the tax: 1) pay the LEASE
amount of $6,783.29 in one lump sum amount; or 2) pay
the amount owed over the remaining eight payments of the
lease at $1,109.66 per payment. Since the sales tax was
delinquent, the State has assessed interest charges
against Municipal Leasing. It was recommended that
Council authorize the payment of the sales tax on the
telephone system and approve the budget resolution of
$6,783.29.
In response to Council, City Manager Penman stated that DISCUSSION
the City had enough money to pay the amount due in full,
it would be a general fund expenditure and that the
omission of sales tax was an oversight.
It was moved and seconded to adopt Resolution No. 92- RESOLUTION
94,"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 92-94
BALDWIN PARK AMENDING THE BUDGET FOR THE FISCAL YEAR ADOPTED
COMMENCING JULY 1, 1992 AND ENDING JUNE 30, 1993."
M/S/C: GALLEGOS/MCNEILL. There were no objections.
Director of Public Works Mousavi requested Council award CONSTRUC-
a construction contract for the Baldwin Park Commuter TION
Rail Station to Javaid Contractors, Inc. of Rowland CONTRACT
Heights, California. Javaid Contractor's, Inc. was the COMMUTER
apparent lowest responsible bidder and the Company has RAIL
done similar work in various municipalities. Staff STATION
recommended approval.
It was moved and seconded to award a construction JAVAID
contract in the amount of $1,223,045 to Javaid CONTRAC-
Contractors, Inc. M/S/C: MARTINEZ/GALLEGOS. There TORS, INC
were no objections. APPROVED
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COUNCIL/STAFF REQUESTS AND COMMUNICATIONS
Mayor Vargas requested: 1) A timeline for the opening VARGAS
of the Metro Rail; 2) The need for a rail on the ramp at
the Senior Citizen's Center; 3) Exploring a financing
option for a Senior Citizen's Center on the Master Plan
for the park, a street extension to give better access
for the seniors, and possibly opening Palm Street; 4)
What is the progress of the RFP for banking services; 5)
The City taking advantage of the Public Relations from
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1992 10 07 CC MINòw @˜ x T CC MIN OCT 7 1992[Þ›[H'8 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 1992
OF THE CITY OF BALDWIN PARK PAGE SIX
RTD; 6) Monthly report on the home loans by the next
meeting; 7) Recommended open bidding process for
insurance services, legal services, landscaping
services; and consulting services; and 8) Developing two
RFP's for insurance and legal services.
Councilman Martinez requested: 1) City Manager Penman MARTINEZ
and Director of Public Works Mousavi contact the City of
Irwindale concerning Olive Street; 2) An update on the
enforcement of the yard sales; 3) A report on the
maintenance of the bus shelters; 4) The number of people
using Dial-A-Ride on the weekends; 5) The phone system
returning the call to the operator when the line rings
busy or no answer in the department; 6) Explore a way of
tracking the number of calls that come in on Friday's
and a recording stating that City Hall is closed on
Friday's; and 7) The support schedule of Metropolitan
Transit Authority.
Councilwoman McNeill extended congratulations to City MCNEILL
Manager Penman as President of the San Gabriel Valley
City Manager's Association and to Barbara Pachon for
earning the Certificate of Achievement once again for
the Comprehensive Annual Finance Report CAFR).
Mayor Pro Tem Gallegos requested Council approval for GALLEGOS
the live performance of Secrets" at the Community
Center on March 6th. and directed staff to confirm the
date with Kaiser Hospital. Council concurred.
Director of Human Services Nunez stated that on October NUNEZ
14th the Community Center will have an open house at
6:00 p.m. Also, applications for the Youth Commission
have been given out and Council will be given a list of
candidates for the positions.
City Manager Penman stated that the Med-Fly has returned PENAAN
and ground spraying will start soon in a portion of the
City. A complaint was received and a traffic study
needs to be conducted at the President's Plaza.
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The regular meeting of the City Council was recessed at RECESSED
9:00 p.m. 9:00 P.M.
The regular meeting of the City Council reconvened at RECONVENED
9:04 p.m. Roll call remained the same. 9:04 P.M.
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CLOSED SESSION
The City Council was adjourned to a Closed Session at CLOSED
9:04 p.m. to consider personnel matters, pursuant to SESSION
Government Code Section 54957; litigation CPA) Baldwin
Park vs Dominguez, pursuant to Government Code Section
54957.9(a); initiative to determine litigation, pursuant
to Government Code 54956.9(c); instruction to labor
negotiator, pursuant to Government Code 54956.8.
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Mayor Vargas adjourned the regular meeting of the City MEETING
Council at 10:00 p.m. to an adjourned regular meeting on ADJOURNED
October 19th at 7:30 a.m. There were no objection s. 10:00 P.M.
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