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HomeMy WebLinkAbout1993 06 16 CC MIN1993 06 16 CC MINòw @˜ytCC 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 00- The absence of City Treasurer Montenegro was excused. ABSENCE EXCUSED 00- 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. 00- 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. BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 16-U02 1993-U02 LG1-U03 LI1-U03 FO3433-U03 FO3650-U03 FO3674-U03 DO3676-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1993-U02 06-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3650-U03 DO3676-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1993 06 16 CC MINòw @˜ytCC 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. 00- Mayor Vargas introduced Assemblywoman Solis' Field INTRODUC- Representative Tony Aguilar. TION 00- 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) BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 16-U02 1993-U02 LG1-U03 LI1-U03 FO3433-U03 FO3650-U03 FO3674-U03 DO3676-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1993-U02 06-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3650-U03 DO3676-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1993 06 16 CC MINòw @˜ytCC 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. 00- 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 BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 16-U02 1993-U02 LG1-U03 LI1-U03 FO3433-U03 FO3650-U03 FO3674-U03 DO3676-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1993-U02 06-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3650-U03 DO3676-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1993 06 16 CC MINòw @˜ytCC 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. 00- 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. BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 16-U02 1993-U02 LG1-U03 LI1-U03 FO3433-U03 FO3650-U03 FO3674-U03 DO3676-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1993-U02 06-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3650-U03 DO3676-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1993 06 16 CC MINòw @˜ytCC 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. 00- BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 16-U02 1993-U02 LG1-U03 LI1-U03 FO3433-U03 FO3650-U03 FO3674-U03 DO3676-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1993-U02 06-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3650-U03 DO3676-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1993 06 16 CC MINòw @˜ytCC 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. 00- 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. 00- 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. BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 16-U02 1993-U02 LG1-U03 LI1-U03 FO3433-U03 FO3650-U03 FO3674-U03 DO3676-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1993-U02 06-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3650-U03 DO3676-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05