HomeMy WebLinkAbout1993 06 16 CC MIN1993 06 16 CC MINòw @˜ y t CC MIN JUN 16 1993à›[HÆ8 REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, CITY HALL,
14403 EAST PACIFIC AVE, WEDNESDAY,
JUNE 16, 1993 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
MARTINEZ, MCNEILL AND MAYOR VARGAS
ALSO PRESENT: City Manager Penman,
Acting City Attorney Munoz,
Dir. of Administrative
Services Yeats,
Police Chief Lanza,
Acting Dir. of Human Services
Roessler
Dir. of Public Works Mousavi,
Deputy City Clerk Branek, and
City Clerk Gair
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The absence of City Treasurer Montenegro was excused. ABSENCE
EXCUSED
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Councilwoman McNeill introduced Larry Richard and told PRESENTA-
of his education and background. Mayor Vargas present TION
Larry Richard with an Award of Merit for his basketball
achievements in Istanbul, Turkey and Europe.
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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 the Mayor SCHNABEL
and Mayor pro tem for attending the senior lunch and
dance on June 12th.
Albert Sanders, 4421 Stewart, stated that the downtown SANDERS
area is infested with rats and that poison needs to be
placed for their eradication. He also stated that
Bogart Street, between Ramona and Clark is too narrow
for two way traffic and parked vehicles.
Jeanne Martens, 14847 Sierra Way, told about the real MARTENS
estate caravan in the City and some of the positive
remarks made by the realtors. She stated that the
business area around Bess and Garvey needs attention and
that all of Garvey Avenue needs attention.
e
Emma Mooneyham, 3116 Maine, stated that the Frazier MOONEYHAM
Street off-ramp needs to be cleaned and that she had
called Cal-Trans.
Bradley Nutt, 4231 Bresee, stated that he represented a NUTT
non-profit organization, Project Compassion, that wants
to locate at 14835 Ramona Blvd. He told of the
organizations work with drug addiction and prostitution.
Ed Huetinck, 13059 Amar Rd., inquired about Social HUETINCK
Services issuing vouchers only to the Crazy 8 Motel. He
suggested limiting the number of vouchers issued to any
one motel.
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1993 06 16 CC MINòw @˜ y t CC MIN JUN 16 1993à›[HÆ8 REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 1993
OF THE CITY OF BALDWIN PARK PAGE TWO
There being no other speakers, Mayor Vargas declared CLOSED
Oral Communication closed.
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Mayor Vargas introduced Assemblywoman Solis' Field INTRODUC-
Representative Tony Aguilar. TION
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CONSENT CALENDARS
City Clerk Gair presented Consent Calendar A: CONSENT
CALENDAR A
1. Approval of Certificate of Posting for
June 16, 1993
2. Approve Minutes of May 11, 1993
3. Waive Further Reading and Adopt
RESOLUTION NO. 93-60 ALLOWING CLAIMS AND
DEMANDS AGAINST THE
CITY OF BALDWIN PARK
4. Receive and File Treasurer's Report
May 31, 1993
5. Waive Further Reading and Adopt
ORDINANCE NO. 1068 APPROVING A CHANGE OF ZONE
Second Reading) FROM R3, HIGH DENSITY
RESIDENTIAL TO OS, OPEN
SPACE ON APPROXIMATELY 2.5
ACRES; APPLICANT: CITY OF
BALDWIN PARK; CASE NO: Z-
505; LOCATION: 14316 E.
MORGAN STREET, 4115-37 N.
LAURENS AVE & 4114-42 ROBIN
AVE)
6. Approve CDBG Subgrantee/Subrecipient
Contracts for City Fiscal Year 1993-94
7. Waive Further Reading and Adopt
RESOLUTION NO. 93-62 APPOINT A REPRESENTATIVE
AND ALTERNATE TO THE
BOARD OF DIRECTORS OF
INDEPENDENT CITIES
LEASE FINANCE AUTHORITY
CARL YEATS)
8. Authorization to Allocate Funds to Summer
Lunch Program
9. Waive Further Reading and Adopt
RESOLUTION NO. 93-63 DECLARING ITS INTENTION
TO LEVY & COLLECT
ASSESSMENTS FOR FISCAL
YEAR 1993-94 WITHIN
THE CITYWIDE BUSINESS
IMPROVEMENT AREA OF THE
CITY OF BALDWIN PARK
AB 1693)
It was moved and seconded to approve Consent Calendar A CONSENT
as presented. MIS/C: GALLEGOS/IZELL. There were no CALENDAR A
objections. APPROVED
City Clerk Gair presented Consent Calendar B:
1. Waive Further Reading and Adopt
RESOLUTION NO. 93-61 ALLOWING CLAIMS AND
DEMANDS AGAINST THE
CITY OF BALDWIN PARK
RELATING TO SOUTHERN
CALIFORNIA EDISON)
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1993 06 16 CC MINòw @˜ y t CC MIN JUN 16 1993à›[HÆ8REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 1993
OF THE CITY OF BALDWIN PARK PAGE THREE
It was moved and seconded to approve Consent Calendar B
as presented. MIS/C: IZELL/GALLEGOS. Councilman
Martinez abstained due to a possible conflict of
interest.
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PUBLIC HEARING
Mayor Vargas introduced the Public Hearing pertaining to PUBLIC
An appeal of the Planning Commission's decision to HEARING
approve a conditional use permit; Case No. CP-516; INTRODUCED
Appellant: Jeff Wright for In-N-Out Burger Inc.;
Location: 13502 E. Virginia Avenue.
City Planner Onaga requested Council consideration of an CP-516
appeal of the Planning Commission's decision to APPEAL
conditionally approve a conditional use permit, which
allowed a helistop in the IC Industrial Commercial)
zone, more specifically condition e" of Resolution PC
93-08. He explained staff's concern pertaining to the
number of flights, the hours, and the increase of noise
levels upon the residents. If the site is developed in
accordance with the proposal and the conditions imposed,
there should not be any adverse effect upon adjacent
uses. Staff recommended that Council 1) approve the
Negative Declaration of Environmental Impact; 2) adopt
the Findings of Fact; and 3) approve the Conditional Use
Permits CP-516) allowing a helistop in the IC
Industrial Commercial) Zone, subject to the original
conditions listed in the staff report, thereby denying
the appeal.
Mayor Vargas declared the Public Hearing open and PUBLIC
invited those wishing to speak to come forward. HEARING
OPEN
Jeff Wright, Aviation Consultant, representing In-N-Out WRIGHT
Burgers, stated that no complaints have been received by
the City regarding the helistop. The helistop would be
used infrequently during the daylight hours. He felt
that the conditional use permit could be revoked if the
conditions were not in compliance and that there was no
need to renew the conditional use permit annually.
Dick Nichols, Executive Director of the Chamber of NICHOLS
Commerce, explained the size of landing pad required for
the helistop and the investment required. The Chamber
of Commerce requested that the conditional use permit
not be renewed annually.
Sandi Lucas, 4442 Bresee, stated that there was no LUCAS
reason for In-N-Out Burger to reapply for the
conditional use permit. She requested that Council
approve the conditional use permit without that
stipulation.
There being no other speakers, Mayor Vargas declared the CLOSED
Public Hearing closed.
It was moved and seconded to approve Resolution No. 93- RESOLUTION
64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 93-64
BALDWIN PARK APPROVING AN APPEAL OF CONDITION e) OF ADOPTED
RESOLUTION PC 93-08, THEREBY ALLOWING A HELISTOP IN THE
IC, INDUSTRIAL COMMERCIAL, ZONE APPELLANT: JEFF WRIGHT
FOR IN-N-OUT BURGER, INC.; LOCATION: 13502 VIRGINIA
AVENUE; CASE NO: CP-516)." 14/S/C: MCNEILL/IZELL.
There were no objections.
Mayor Vargas introduced the Public Hearing pertaining to PUBLIC
the Amendment to Disposition and Development Agreement HEARING
Hilton Hotel Project." INTRODUCED
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1993 06 16 CC MINòw @˜ y t CC MIN JUN 16 1993à›[HÆ8 REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 1993
OF THE CITY OF BALDWIN PARK PAGE FOUR
City Manager Penman requested that the Public Hearing FOURTH
for the Fourth Amendment to the Disposition and AMENDMENT
Development Agreement DDA) with Stanley Gribble St. DDA
al., regarding the Milton Hotel project in the Puente-
Merced Redevelopment Area be opened, input taken and
then continued to June 23rd.
Mayor Vargas declared the Public Hearing open and PUBLIC
invited those wishing to speak to come forward. There HEARING
were none. OPEN
Mayor Vargas declared the Public Hearing continued. CONTINUED
It was moved and seconded to continue the Fourth DDA
Amendment to the Disposition and Development Agreement CONT'D TO
regarding the Hilton Hotel Project to June 23rd. MIS/C: JUNE 23RD
MCNEILL/GALLEGOS. There were no objections.
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REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES
City Manager Penman stated that Council had directed MID-VALLEY
staff to research whether it was possible to withdraw MANPOWER
from the Mid-Valley Manpower Consortium. Staff CONSORTIUM
contacted the County of Los Angeles Private Industry
Council PlC) and a representative indicated that the
city could withdraw from the Consortium and the funding
that the Consortium receives as a result of Baldwin
Park's participation could come directly to the City.
The PlC indicated that they would assist in finding a
qualified contractor to administer the funds. Council
needs to determine the direction to pursue. If
withdrawal was a consideration, staff should be directed
to research the legal requirements and also meet with
PlC officials to discuss the administrative and
financial details.
Mayor pro tem Gallegos recommended that staff continue DIRECTION
to research the legal requirements and return with more
detailed information. Council concurred.
Assistant to the City Manager volmert requested AMENDMENT
consideration for a number of specific changes to the TO THE
Franchise Agreement for waste collection services with FRANCHISE
Waste Management of the San Gabriel/Pomona Valleys and AGREEMENT
the annual rate adjustments. The amendment provides for WASTE
the inclusion of an annual Curbside Christmas tree MANAGEMENT
collection program at no additional cost to the
residents and a pilot recycling program for businesses
and the multi-family units. Waste Management would
conduct one hazardous waste collection per year, utilize
funds for other AB 939 programs and pay the City $30,000
per year to be set aside and utilized for the City's
integrated waste management activities. The agreement
would include extending free waste collection service to
the Metrolink Station and a portable toilet for the
street sweeper waste collection site. The monthly costs
for waste collection for the single family will increase
to $11.80. It was recommended that Council approve in
concept an Amendment to the Franchise Agreement between
the City and Waste Management covering the points
detailed in the staff report and adopt the ordinance
enacting changes to the existing rate schedule for
franchise services. Changes would take effect on July
1st.
Mike Steffan, General Manager of Waste Management, STEFFAN
stated that the rate increase would be reflected on the
next statement. He stated that large items could be
picked up any regularly scheduled trash collection day.
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1993 06 16 CC MINòw @˜ y t CC MIN JUN 16 1993à›[HÆ8 REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 1993
OF THE CITY OF BALDWIN PARK PAGE FIVE
In response to Council, Assistant to the City Manager DISCUSSION
Volmert stated that if the City does not notify Waste
Management prior to September 1st the contract is
automatically renewed. The contract has been in effect
since June, 1990.
It was moved and seconded to approve in concept the ORDINANCE
Amendment to the Franchise Agreement between the City of NO. 1069
Baldwin Park and Waste Management and the points INTRODUCED
detailed in the report, enacting changes to the existing FIRST
rate schedule for franchise service, that the agreement READING)
would not be extended beyond June 30, 2000 and to
introduce Ordinance No. 1069, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTERS
8.24.230 AND 8.24.240 OF TITLE 8 OF THE BALDWIN PARK
MUNICIPAL CODE RELATING TO FEES FOR REFUSE COLLECTION
AND CURBSIDE RECYCLING SERVICES," for first reading,
the ordinance be read in title only, and all further
reading be waived. H/S/C: MARTINEZ/GALLEGOS. There
were no objections.
city Manager Penman requested that an agreement between TRANSIENT
the City and Agency to loan Transient Occupancy Tax OCCUPANCY
TOT) so the Agency can meet its pledge under the TAX CONT'D
BPIA/Hotel Settlement Agreement be continued to June 6/23/93
23rd. Council concurred.
Chief of Police Lanza requested Council approval for T.R.A.P.
participation in the Taskforce: Regional Autotheft TASKFORCE
Prevention TRAP). He told of the taskforce operation,
that the City would commit one investigator and that all
expenditures would be reimbursed to participating
agencies. Staff recommended Council approval for the
police department to participate in the T.R.A.P.
Taskforce.
It was moved and seconded to adopt Resolution No. 93- RESOLUTION
65, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 93-65
BALDWIN PARK AUTHORIZING THE BALDWIN PARK POLICE ADOPTED
DEPARTMENT TO PARTICIPATE IN A MULTI-AGENCY AUTOTHEFT
PREVENTION TASK FORCE. H/S/C: MCNEILL/GALLEGOS. There
were no objections.
Chief of Police Lanza requested Council approval to STREET
enhance the penalty on street vendors from an Infraction VENDING
to a Misdemeanor. He explained that the City could
legalize the pushcarts requiring a business license and
health certificate or prohibiting street vendors.
Officers would need to see an actual sale of goods, on
public property, to be able to make arrests. The
District Attorney will not prosecute an Infraction. The
City Attorney recommended enhancing the penalty and even
if no prosecution resulted, removal and impoundment of
the pushcarts may serve as a deterrent. Staff
recommended Council approve an amendment to the
Municipal Code 12.05) which prohibits illegal vending
and makes the violation a Misdemeanor.
Council discussed the priority of the street vending, DISCUSSION
legalizing the vendors, and that if Council wanted the
law enforced all that is required is to tell the City
Manager that is the Council's priority.
In response to Council, Chief Lanza stated that the street
vendors would be a low priority.
It was moved and seconded to introduce Ordinance No. ORDINANCE
1070, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NO. 1070
BALDWIN PARK AMENDING CHAPTER 12.05 OF TITLE 12 OF THE INTRODUCED
BALDWIN PARK MUNICIPAL CODE RELATING TO THE PROHIBITION FIRST
OF SALES ON PUBLIC RIGHT-OF-WAY," for first reading, READING)
the ordinance be read in title only, and all further
reading be waived. H/S/C: VARGAS/IZELL. There were no
objections.
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1993 06 16 CC MINòw @˜ y t CC MIN JUN 16 1993à›[HÆ8REGULAR MEETING OF THE CITY COUNCIL JUNE 16, 1993
or THE CITY OF BALDWIN PARK PAGE SIX
COUNCIL/STAFF REQUESTS AND COMMUNICATIONS
Councilman Martinez requested that the staff look at MARTINEZ
ways to advertise City events on Cable T.V.
Mayor Vargas requested: 1) That staff prepare a report VARGAS
that would reconform the Housing Commission to five 5)
members or expand the duties of the commission and
possibly the creation of a Human Relations Commission;
2) Staff to look into ways to provide better lighting on
Ramona from Modern Appliance to the King Taco area; 3)
Conducting a semi-annual Council meeting at the Senior
Citizen Center during lunch time; and 4) setting a
priority to keep businesses that break the law from
reopening and that those businesses be possibly seized.
Council concurred on all points.
Mayor Vargas inquired about the closing date for the
commission applications.
Mayor Vargas and Councilman Izell inquired about the VARGASI
Council parking area being repaired. IZELL
Mayor pro tern Gallegos announced his appointment to the GALLEGOS
Executive Committee with the San Gabriel valley
Association of Cities and to the Resolution Committee
with the League of California Cities.
Mayor Vargas requested that staff develop a resolution VARGAS
to address the pooled money sales tax) and bring it to
the July 7th Council meeting, and to contact the
congressional representatives and give the resolution to
Mayor pro tern Gallegos for the Resolution Committee.
Mayor Vargas stated that he had sent a letter to Mayor
Elect Riordan requesting a meeting of the San Gabriel
Valley Association of Cities to be hosted by the City of
Baldwin Park.
Councilman Martinez commented that the City's easement MARTINEZ
on Garvey Avenue between Merced and Vineland needs to be
cleaned.
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The regular meeting of the City Council recessed at 6:40 RECESSED
p.m. 8:40 P.M.
The regular meeting of the City Council reconvened at RECONVENED
8:52 p.m. Roll call remained the same. 8:52 P.M.
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CLOSED SESSION
The regular meeting of the City Council adjourned to a CLOSED
Closed Session to consider personnel and compensation SESSION
issues pursuant to Government Code 54957.6; and
litigation, Rose vs City of Baldwin Park, pursuant to
Government Code 54956.9.
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