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HomeMy WebLinkAbout1994 10 19 CC MIN1994 10 19 CC MINòw @˜yà CC MIN OCT 19 1994w 8 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL 14403 EAST PACIFIC AVENUE, WEDNESDAY, OCTOBER 19, 1994 The City Council of the City of Baldwin Park met In regular session In the Council Chambers at 7:00 p.m. ROLL CALL: COUNCILMEMBERS LOWES, MARTINEZ, MUSE AND MAYOR VARGAS ALSO PRESENT: City Attorney Bower, Chief of Police Lanza, Dir. of Administrative Services Yeats, Dir. of Community Development Carbajal, Dir. of Human Services Nunez, Dir. of Public Works Mousavi, City Treasurer Montenegro, and City Clerk Gair The absence of Councilmem ber Gallegos was excused. 00- City Clerk Gair administered the Oath of Office to Student Human Services Commissioner Katrina Van Oosten. Director of Comm unity Development introduced new City employees, Code Enforcement Officers Frances Roberts and Gail Bishop and told of their background and education. Director of Public Works Mousavi introduced new City employees, Art Cesena, Building Maintenance, Jaime Ortiz and Tim Kinman, Landscape and told of their background and education. ORAL COMMUNICATION Mayor Vargas declared Oral Communications open and invited those wishing to speak on any subject to come forward. Mike Salas, Human Services Recreation Division, stated that he is the Program Coordinator for the 5K Run on November 5th and told of the different events on that day. He presented each Councilmember with a 5K Run tee-shirt and he invited everyone to participate. BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 19-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3606-U03 DO3610-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 10-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3610-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 10 19 CC MINòw @˜yà CC MIN OCT 19 1994w 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 2 OF THE CITY OF BALDWIN PARK OCTOBER 19, 1994 Al Reale, thanked Council for the buffet and dance for the Seniors at the Marriott and for Council attending the event. J. R. Acosta, 14808 Stockdale, stated that nothing had been resolved with his problem and that he opposed the ordinance pertaining to the trailer parked on his driveway. He complained that a neighbor was harassing him, and that a ticket was issued for washing his car on the lawn. He requested that the Code Enforcement officer that issued the ticket be disciplined and that he be contacted in order to resolve the issues. Erin Lagenberg, 1001 E. Union, Fullerton, introduced Executive Director of the Chamber of Commerce Roxanne Cortez and told of her background and education. Roxanne Cortez, IlExecutive Director of the Chamber of Commerce, stated that it was a pleasure to be at the Council meeting, to be introduced to the Council and that Council should expect some outstanding changes in the Chamber. Emma Mooneyham, 3116 Mangum, announced that November 5th the Womans Club would have Be-Bop Days with a spaghetti dinner from 5-7 p.m. There being no other speakers, Mayor Vargas declared Oral Communication closed. CONSENT CALENDAR City Clerk Gair presented Consent Calendar A: 1. Approval of Certificates of Posting for October 19,1994 2. Approve Minutes: Regular Meetings: October 5,1994 Study Session: October 5,1994 3. Waive Further Reading and Adopt RESOLUTION NO.94-114- ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Receive and File Treasurer's Report September 30, 1994 5. Deny Claim Against the City Jose Rincon 6. Approve Budget Amendment and Award of Contract: a) Addition of Baldwin Park Blvd. Overlay Project & Central Park West BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 19-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3606-U03 DO3610-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 10-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3610-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 10 19 CC MINòw @˜yà CC MIN OCT 19 1994w 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 3 OF THE CITY OF BALDWIN PARK OCTOBER 19,1994 Improvements b) Surveying & Design of Construction Overlay Baldwin Park Blvd. & Merced to Ramona Blvd. 7. Approval to Solicit Bids Parking Citation Processing Services Police Department 8. Approve Award of Contract City Christmas Decorations Sierra Display Company 9. Approve Addition of Jail Holding Facility West Covina 10. Approve Award of Contract Construction Project CDBG Sidewalk Program Various Locations Kalban, Inc. Councilmember Lowes requested that Item No. 6 a) be removed for separate cons ide ration. It was moved and seconded to approve Consent Calendar A, Items No.1-5 and 7-10 as presented. MIS/C: LOWES/MUSE. There were no objections. Councilmember Lowes inquired about the decision of the committee pertaining to Central Park West and the spending of $40,000. In response to Councilmember Lowes, Director of Human Services Nunez stated that no decisions had been made for the park. The committee is looking at various alternatives. In response to Mayor pro tem Martinez and Councilmember Lowes, Director of Public Works Mousavi stated that possibly the southern end of Central Park West would be converted to a neighborhood park, that some legalities needed to be discussed with the City Attorney, and that before any monies would be spent on the project, it would need to be approved by Council. Director of Administrative Services Yeats explained that the approval of Item No.6 would amend the budget to add two additional capital improvement projects to the previously approved Capital Improvement Projects, and that this sets aside $40,000 to be used for the project only when Council approves it. It was moved and seconded to approve Item No.6 a) & b) as presented. MIS/C: MARTINEZ(MUSE. There were no objections. City Clerk Gair presented Consent Calendar B: BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 19-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3606-U03 DO3610-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 10-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3610-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 10 19 CC MINòw @˜yà CC MIN OCT 19 1994w 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 4 OF THE CITY OF BALDWIN PARK OCTOBER 19,1994 1. Waive Further Reading and Adopt RESOLUTION NO. 94-115 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK RELATING TO SOUTHERN CALIFORNIA EDISON) It was moved and seconded to approve Consent Calendar B as presented. MIS/C: MUSE/VARGAS. Mayor pro tern Martinez abstained due to a possible conflict of interest. 00- REPORTS OF OFFICERS. COMMISSIONS. AND COMMITTEES City Clerk Gair requested Council consideration of an ordinance to move the General Municipal Election dates from April of even-numbered years to March of the odd- numbered years. Beginning in 1996 the legislature has moved the presidential primary to the fourth Tuesday in March in any year which is divisible by four. The reason is to give California more clout in choosing nominees for President of the United States. The move of the presidential primary to March causes conflict with the General Municipal Election of cities two weeks later in April. The Los Angeles County Registrar has already indicated that they will not provide the computer tape of the registered voters to our election suppliers or any other necessities. With only two weeks separating the Statewide Primary and a General Municipal Election there is a significant chance of voter confusion with two sample ballot pamphlets and directions for two elections at different polling places for different candidates and issues. We already experience confusion among our poll workers when they work our April election and have been contacted to work the June primary for the County. There could be the mix up of mailing the County absentee ballot to the City and the City absentee ballot to the County. Elections Code 2601 was amended to allow general law cities to enact an ordinance and to mail notices to the voters to change a city's elections day to the first Tuesday after the first Monday of March of odd-numbered years. The adoption of the ordinance would extend terms of office for all the elected officials approximately 11 months. An alternative choice to the extension by 11 months is to consolidate with the school board elections in November which would decrease terms by 6 months. Consolidation with the County will cause Baldwin Park to lose all control of the cost of the elections. It was recommended that Council adopt the ordinance to extend the elections. The elections supply company, Martin and Chapman will mail the notices to all registered voters in the City informing them of the election date change during the thirty day period prior to the adoption of the ordinance. BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 19-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3606-U03 DO3610-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 10-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3610-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 10 19 CC MINòw @˜yà CC MIN OCT 19 1994w 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 5 OF THE CITY OF BALDWIN PARK OCTOBER 19, 1994 It was moved and seconded to Introduce Ordinance No.1089, AN ORDINANCE OF ThE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, MOVING THE DATE OF THE GENERAL MUNICIPAL ELECTION FROM THE SECOND TUESDAY IN APRIL OF EVEN-NUMBERED YEARS TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN MARCH OF OFF-NUMBERED YEARS,'1 for first reading, that the ordinance be read in title only and that all further reading be waived. It'S/C: VARGAS/MARTINEZ. There were no objections. Director of Community Development Carbajal requested Council direction on the enforcement of the Orders of Abatement of the nonconforming Garvey Avenue trailer parks. A City led multi-agency task force conducted an inspection of the trailer parks along Garvey Avenue adjacent to the I-10 Freeway. The inspections resulted in a number of violations, some trailer parks were in conditions not suitable for living and were red tagged. The Garvey Avenue trailer parks had become nonconforming by being located in an industrial or commercial zone. When a property becomes nonconforming, the Code establishes an amortization period, and at the end of the amortization period, the use must be discontinued. The trailer parks became nonconforming in 1981 and were given five 5) years before the uses had to be discontinued. Orders of Abatement were issued to all Garvey Avenue trailer park owners giving notice that they had until December 1 1994 to discontinue use of the properties as a trailer park and to remove all trailers. Seven 7) of the affected trailer park owners have appealed. The Planning Commission is required to hold a public hearing on the appeals and the commission would have two basic alternatives: 1) to uphold the Director's Order to deny the appeals; and 2) grant an extension of time. The trailer parks that have serious violations can be closed regardless of its nonconforming status. Council may wish to consider to rescind the Order of Abatement. If Council wanted to extend the amortization period to a specified date a notice granting the extension would be recorded with the individual properties. It was recommended that Council direct the Community Development Director to rescind the original Orders of Abatement issued to the Garvey Avenue trailer parks and extend their amortization periods to December 1,1999, with an option to extend that period at the Council's discretion. It was moved and seconded to direct the Director of Community Development to rescind the original Orders of Abatement issued to the Garvey Avenue trailer parks and extend their amortization periods to December 1, 1999, with an option to extend that period at the Council's discretion. It'S/C: MARTINEZ(MUSE. Councilmember Lowes made a motion to amend the previous motion and to extend the amortization period to 10 years for the trailer parks with the option to extend that BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 19-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3606-U03 DO3610-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 10-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3610-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 10 19 CC MINòw @˜yà CC MIN OCT 19 1994w 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 6 OF THE CITY OF BALDWIN PARK OCTOBER 19,1994 period at the Council's discretion. Motion died due to the lack of a second. Director of Public Works Mousavi requested approval of the City's Court Referral Program and setting of fees. Individuals who participate in the Program are referred to organizations such as cities by private agencies. These agencies charge participants fees based upon the number of hours of service required by the courts. Staff proposes that the City serve as an agent and that Council establish fees for this purpose. The City could charge individuals $25 for serving 120 hours or less and $35 for individuals serving 121 or more hours. It was recommended that Council approve the Court Referral Program. Council discussed the City's liability if a court referral was injured on the job, including the cost for worker's compensation in the proposed administrative costs, what other cities do with court referrals, that the court referrals have been convicted and have to serve time that they are not volunteers, that some court referrals are referred by agencies and that the agencies receive the administrative costs. In response to Mayor pro tem Martinez, City Aftomey Bower stated that to have the court referrals sign a waiver would be against public policy and these court referrals are in an employment situation not a ride-a-long situation. It was moved and seconded to bring the Item back after receiving Information from other cities on their court referral program, will the court recommend the City of Baldwin Pork to those that need to do community service, can the City refuse the court referrals through the agencies and with the fees of workers compensation be Included In the administrative costs. M/S/C: MARTINEZ(\(VARGAS. There were no object ions. Director of Public Works Mousavi requested approval of policy for the Installation of speed humps/bumps. Staff surveyed other cities and the results indicated that most cities do not allow speed humps/bumps on residential streets or alleys. Research showed that courts have held public agencies liable for personal injuries resulting from faulty design. The speed humps/bumps present an increased liability, variances in speed, potential loss of vehicle control, increased noise, and disruption of movement of both emergency and service vehicles. The Traffic Safety Committee recommended that requests for installing speed humps/bumps in residential streets be denied. The costs for installing speed humps/bumps range from $600 to $1,000 depending on width of the alleys and includes painting legends on the street, installing posted signs and construction. The Traffic Safety Committee recommended that owners of properties abutting the alleys be responsible for the costs associated with the installations or removals of speed humps/bumps, through an assessment process. A list of ten items BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 19-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3606-U03 DO3610-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 10-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3610-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 10 19 CC MINòw @˜yà CC MIN OCT 19 1994w 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 7 OF THE CITY OF BALDWIN PARK OCTOBER 19,1994 of Criteria for the Installing of Speed Humps/Bumps on Local Residential Alleys was included in the staff report. It was recommended that Council approve the design, policy and procedure for installing speed humps/bumps on local residential alleys. Councilmember Lowes stated that she opposed Item No.5 of the Criteria for the installation of speed humps/bumps on local residential alleys that states Occurrencee of two or more accidents within a twelve month period which can be corrected by speed humps. She also stated that the people that request the humps live on the street and see the danger, that she was not elected to o.k. every recommendation just because it was right and that it comes from an expert. She gave examples of turn lanes on Merced at Ramona and at Denny's that the experts stated were not needed, but the residents knew better. Mayor Vargas stated that the Traffic Safety Committee is comprised of Engineers, Police Officers and experts in traffic studies and accidents and that he opposed leaving out Item No.5 of the Criteria, that the City is liable for traffic signs or designs that cause accidents and that he supports staff recommendations. Mayor pro tem Martinez stated that the Police Department only keeps a log sheet on an accident that does not have any injury or substantial damage, so that would create a problem knowing the number of accidents that have occurred in a certain area. Director of Community Development Carbajal suggested that Council could bring this matter to the meeting with all the committee members as the streets have become an issue for Public Works and Community Development. Some of the issues are, should the streets be 40' wide or residential streets and decisions need to be made. It was moved and seconded to approve the design, policy and procedure for Installing speed humps/bumps on local residential alleys excluding Item No.5 of the Criteria. MIS/C: LOWES/MARTINEZ. ROLL CALL VOTE: AYES LOWES. MARTINEZ, MUSE NOES MAYOR VARGAS ABSENT: GALLEGOS Motion carries. 00-) BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 19-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3606-U03 DO3610-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 10-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3610-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 10 19 CC MINòw @˜yà CC MIN OCT 19 1994w 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 8 OF THE CITY OF BALDWIN PARK OCTOBER 19,1994 COUNCIL/STAFF REQUESTS AND COMMUNICATIONS Councilmember Muse announced that November 12th the Boys and Girls Club, the City and Kaiser Permanente's Educational Outreach Program will conduct a photography exhibition at the Tri-Community Photography Association Gallery, that some of the Los Angeles County Fair winners pictures will be on display and she invited everyone in the audience to attend. In response to Councilmem ber Muse, Director of Public Works Mousavi stated that the City will participate in the Work Fair Program, that an agreement needs to be signed between the City and the County. In response to Councilmember Muse, Director of Public Works Mousavi stated that three property owners have not complied in converting so that the underground utility project can be completed. He further stated that letters have been sent to the property owners, staff has met with them to explain the process, that October 28th service will be discontinued, and Edison has contacted each property owner. Mayor pro tern Martinez and Councilmember Muse told staff to pursue and take necessary action to get the underground utilities completed, because they were unaware of how often staff had contacted the property owners. Councilmember Muse stated that she would like to see Council move forward with the shopping cart ordinance. In response to Councilmember Lowes, City Clerk Gair stated that a Commissioner's Handbook and letter had been sent to each Commissioner and that they were given until November 1st to respond. Councilmember Lowes stated that she had attended the Independent Cities Risk Management Association meeting and they are working on establishing an Environmental Impairment Liability Insurance coverage and she requested that staff complete the questionnaire pertaining to the possible needs of the City. Mayor Vargas asked Chief Lanza to thank Officer Hernandez for the article he wrote on Baldwin Park being a great city; and he thanked Chief Lanza for the memo pertaining to the recruitment efforts for police officers. Mayor Vargas requested 1) staff prepare a brief report in the Status Report and a letter opposing any negative impacts on the City pertaining to the F.I.P. Implementation Plan; and 2) staff to prepare a resolution pertaining to the HVO Lane, Caltrans and the expansion of the I-10 Freeway. 00- BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 19-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3606-U03 DO3610-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 10-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3610-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 10 19 CC MINòw @˜yà CC MIN OCT 19 1994w 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 9 OF THE CITY OF BALDWIN PARK OCTOBER 19, 1994 The regular meeting of the City Council adjourned at 8:45 p.m. The regular meeting of the City Council reconvened at 9:08 p.m. Roll call remained the same. 00- CLOSED SESSION The regular meeting of the City Council adjourned to a Closed Session to consider Pending Litigation: City of Baldwin Park et al...vs Greenberg Glusker, pursuant to Government Code 54956.9(a). No action was taken. 00- The regular meeting of the City Council was adjourned at 9:30 p.m. LINDA. L. GAIR, CITY CLERK BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 19-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3606-U03 DO3610-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 10-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3610-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05