HomeMy WebLinkAbout1994 11 16 CC MIN1994 11 16 CC MINòw @˜ y Õ
CC MIN NOV 16 1994w½Uæ¯
8 REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK, CITY HALL,
14403 EAST PACIFIC AVENUE, WEDNESDAY,
NOVEMBER 16, 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 GALLEGOS, LOWES, MUSE,
MAYOR PRO TEM MARTINEZ
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,
Deputy City Clerk Branek, and
City Clerk Gair
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The absences of Mayor Vargas and City Treasurer Montenegro were excused.
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Mayor pro tern Martinez read the proclamation declaring November 17, 1994 as the
Great American Smokeout Day," and requested that the proclamation be mailed.
Mayor pro tern Martinez stated that Art Castellano was ill and that his Twenty-Year
Employee Service Pin would be presented at a later time.
Director of Community Development Carbajal introduced the New City Employee,
Occupancy Specialist, Patricia Pinedo and told of her education and background.
Chief of Police Lanza on behalf of the Executive Team, told the background, education
and experience of the nominees for Employee of the Year, both part-time and full-time
employees. He introduced part-time nominees for Employee of the Year, Cristina
Hernandez, Alexanderia Aguilera and Art Cesena. He also introduced full-time
nominees for Employee of the Year, Victoria Valverde, Ellen Parks, Alice Nichols, Jeri
Crawford and Rudy Hernandez. The winners will be announced at the City's Recognition
Dinner on December 9th.
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1994 11 16 CC MINòw @˜ y Õ
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 2
OF THE CITY OF BALDWIN PARK NOVEMBER 16,1994
ORAL COMMUNICATION
Mayor pro tern Martinez declared Oral Communications open and invited those wishing
to speak on any subject to come forward.
Roxanne Cortez, Executive Director of the Chamber of Commerce, invited Council and
the public to a mixer at the Baldwin Park Food Bank, located at the First Baptist Church
at 14952 Pacific Avenue. She asked those attending to bring canned goods for the
needy.
Lydia Morales, 13246 Corak, asked Council to consider painting a red curb on Baldwin
Park Blvd. in front of Santa Fe School. She told of the danger pulling out of the school
into traffic.
George Martzen, United Methodist Church, 3970 Maine, stated that he is a member of
the Ecumenical Council of Baldwin Park. He stated that the Baldwin Park Food Center
needed to relocate before the first of the year because their rent would be $1,000 per
month. The Food Bank had only been paying for utilities. The facility services 1,500
families. The Food Bank receives its funding through grants from FEMA and the City of
Baldwin Park. He also stated that he appreciated any guidance from Council and that
he could be contacted or Eleanor Harder.
Bill Van Cleave, 13232 Emery, congratulated Councilmember Gallegos on winning the
State Assembly Seat. He stated that Code Enforcement needs to be better trained, that
he has a letter stating that the sidewalk is his property and can be used for his business.
He also stated that the City had taken the funding from the Chamber and that he would
encourage all business owners not to pay their assessment tax this year, because the
business license fees are used to pay for consultants.
Jeanne Martens, 14847 Sierra Way, congratulated Councilmember Gallegos on winning
the election to the State Assembly. She requested that the advertising be left in the
I*NOW," that the Tribune's rates are too high and that the NOW" is valuable to the local
businessman.
Bob Macklin, 3903 Paddy Lane, congratulated Councilman Gallegos for winning the
State Assembly seat. He requested that the City enforce a law pertaining to high
antennas. He described a situation with a neighbor's antenna being too high, that it is
dangerous, and that it interferes with telephone and television reception. He stated that
he has been in touch with the FCC office.
There being no other speakers, Mayor pro tern Martinez declared Oral Communications
closed.
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1994 11 16 CC MINòw @˜ y Õ
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 3
OF THE CITY OF BALDWIN PARK NOVEMBER 16,1994
CONSENT CALENDAR
City Clerk Gair presented Consent Calendar A:
1. Approval of Certificate of Posting tor November 16,1994
2. Approve Minutes Regular Meeting: November 2,1994
3. Waive Further Reading and Adopt
RESOLUTION NO.94-120 ALLOWING CLAIMS AND DEMANDS
AGAINST THE CITY OF BALDWIN PARK
4. Receive and File Treasurer's Report October 31,1994
5. Deny Claim Against the City Tim KraI
Susan Miller
6. Waive Further Reading and Adopt
RESOLUTION NO.94-122 AMENDING RESOLUTION NO.
94-110 SALARY PLAN
7. Waive Further Reading and Adopt
RESOLUTION NO.94-123 AMENDING RESOLUTION NO.
94-95 CLASSIFICATION PLAN
8. Approve Award of Contract Topographical Survey and Design for
Street Improvement Program Gas Tax Funded FY 1994-95 Lockman
and Associates
9. Approve Budget Amendment Public Housing
It was moved and seconded to approve Consent Calendar A as presented. M/S/C:
GALLEGOS/MUSE. There were no objections.
City Clerk Gair presented Consent Calendar B:
1. Waive Further Reading and Adopt
RESOLUTION NO.94-121 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:
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1994 11 16 CC MINòw @˜ y Õ
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 4
OF THE CITY OF BALDWIN PARK NOVEMBER 16,1994
MUSE/LOWES. Mayor pro tern Martinez abstained due to a possible conflict of interest.
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PUBLIC HEARING
Mayor pro tern Martinez announced that the Public Hearing pertaining to the
11Adjustments in certain fees and charges for issuance, processing and filing of
various City services and permits" would be cancelled and readvertised at a later date.
Mayor pro tern Martinez introduced the Public Hearing pertaining to A request to
consider an amendment to the Land Use Element Map of the City of Baldwin Park
General Plan from Single Family Residential to Neighborhood Commercial, and a
zone change from R-1 Single Family Residential) to C-i Neighborhood
Commercial); and a conditional use permit to allow the construction of an
automobile service station and mini-market in conjunction with the off-site sales of
beer and wine pursuant to Section 17.54.030, 17.18.030B, and 17.18.030.A,
respectively of the City Code. Applicant: USA Gasoline Corporation; Case No: Z-
507 & CP-526; Location: 3665 N. Puente Avenue & 14874-14878 Pacific Avenue).
City Planner Onaga stated that the proposed amendment to the Land Use Element Map
and zone change encompasses only the property addressed 14878 Pacific Avenue and
totals approximately 7,794 square feet of lot area. Staff included the adjacent property
at 14874 Pacific Avenue as an option for consideration to prevent a spot zone." A
conditional use permit which allowed an automobile service station to operate on the
corner parcel addressed 3665 N. Puente Avenue was previously approved, but the use
was discontinued and the site demolished. The required square footage for a service
station with a mini-market is 20,000 square feet, and the two proposed lots contain
approximately 22,726 square feet. The proposal for the service station includes four
pump islands with ample parking without encroaching into the City's right-of- way. A six
foot high masonry block wall along the project perimeter would be installed to reduce
undesirable light and noise. The applicant also requested approval of beer and wine in
conjunction with the mini-market. The Planning Commission recommended that Council
deny the request in its entirety. The Planning Commission also concurred with the Police
Department's recommendation that an additional off-site alcohol sales outlet in the area
would represent an over-concentration and possibly place a strain on police services. It
was recommended that Council deny the request by USA Gasoline Corporation for an
amendment to the General Plan and Zone Changes and to adopt the Findings of Fact
and deny CP-526 which would have allowed an automobile service station and mini-
market which sells beer and wine.
Mayor pro tern Martinez declared the Public Hearing open and invited those wishing to
speak pertaining to AGP-96, Z-507, and CP-526 to come forward.
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1994 11 16 CC MINòw @˜ y Õ
CC MIN NOV 16 1994w½Uæ¯
8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 5
OF THE CITY OF BALDWIN PARK NOVEMBER 16,1994
Lee Lucas, 4442 Bresee, stated that he concurred with the Planning Commission's
recommendation, that a business group should get the zone changed and the conditions
approved before the purchase of the property.
Jeanne Martens, 14874 Sierra Way, stated that the corner of Pacific and Puente is an
eyesore and the mini-market and gas station will clean up the corner. The zone change
will affect other properties next to the development and that she had sold the property
next to the proposed gas station. She would not like to see any more beer and wine
outlets.
Sandi Lucas, 4442 Bresee, stated that the City does not need a third outlet for beer and
wine in the vicinity, before people buy property, they need to check the zoning, and that
the City does not need another mini-mall.
Bob Macklin, 3903 Paddy Lane, stated that Jeanne Martens had sold the house next to
the proposed gas station and nothing had been done to the house since the sale. He
wanted to know what Code Enforcement has been doing all those years. The proposed
development site is an eyesore, but there's no need for another beer and wine outlet and
that he opposed the project.
Christine Mac kiln, 14773 Pacific, stated that the City does not need another liquor outlet
or another gas station.
Tom Colwick, 3706 Puente Avenue, stated that he was six years old when he met Jack
Cole and over the years the two of them developed a partnership. The only survivor of
Mr. Cole is a daughter who asked for help with the corner. He stated that he purchased
the property and had the gas station removed and the contaminated earth removed at
a cost of $50,000. John Moeller of USA Gasoline has been in business in Baldwin Park
for years. He developed another gas station on Maine and Los Angeles Street. The
mini-market will not sell single cans of beer, only multi-packaged quantities, nor will wine
be sold in the small quantities and all sales of beer and wine will cease at midnight. A
closed circuit t.v. will be installed for safety, and a wall will be installed for the noise. He
further stated that he would do what ever it takes to complete the project.
Roy Colwick, 3706 Puente Avenue, stated that he grew up in Baldwin Park and was in
the first graduating class from Sierra Vista. He stated that John Moeller is an honest
businessman, that he and his father will do what they say they will do. All beer and wine
sales will stop at mid-night, and he did not think 7-11 or Hi-Ho would be willing to stop
their sales at mid-night. There will not be any single cans of beer sold or small quantities
of wine.
Curtis Wheeler, representative of USA Petroleum, stated that the mini-market wants to
become a part of the neighborhood. That no single serving of beer or wine will be sold,
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1994 11 16 CC MINòw @˜ y Õ
CC MIN NOV 16 1994w½Uæ¯
8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 6
OF THE CITY OF BALDWIN PARK NOVEMBER 16,1994
that only six-packs of beer or four-packs of wine, and that all sales of beer and wine will
cease at mid-night. A lock will automatically lock the coolers at mid-night, there will not
be any video games to attract teenagers, and the side and back of the store will be
lighted with security cameras and microphones. A training program is required for every
employee, and the project would enable local people from the area to be hired and
trained.
Bob Sycovich, 3011 Agoura Court, Agoura Hills, stated that currently USA Petroleum
has 25 beer and wine outlets in over 50 of the mini-markets. A sign is posted on the
cooler doors and the cash register stating that the identification is checked of everyone
purchasing beer or wine that looks 26 years old or younger. The training program for
the employees is a 7 position study and every employee is required to pass the testing
and understand the requirements and laws and regulations of California before they can
work in the facility.
USA is a responsible retailer. He told the of the percentage of sales of beer and wine
for the normal mini-market and that this is a convenience item.
William C. Stewart, Vice-President for USA Petroleum, stated that everyone had
covered most of the things that Council should know. When USA opens in a City they
become a member of the comrn unity, and people will be employed from the community.
Beer and wine does not decide whether a criminal will hit a place or not, beer and wine
helps a mini-market compete with other establishments. The mini-market is for the
convenience of the person that gets gasoline, and picks up a pack of beer to take home.
USA Petroleum has 25 stations that sell beer and wine and there are 75 stations in the
State.
There being no other speakers, Mayor pro tern Martinez declared the Public Hearing
closed.
Councilmember Gallegos inquired about condition 7-D for the conditional use permit that
asked USA Gasoline to install a left turn phase on existing traffic signals. He felt that was
an excessive burden to place on the business and that he was not supportive of that
condition. USA Gasoline is a responsible dealer, they have a long history in the State,
and the rendering shows a very aesthetic project which will be beneficial to the area. The
business will provide services to the community, and it will provide good sales tax
revenue.
Councilmember Muse agreed with Councilmember Gallegos that the project would be an
improvement, definitely good design, and fit the community, but was concerned with the
sales of beer and wine. She opposed the approving of the selling of beer and wine
because the City has 6 liquor stores per square mile.
Councilmember Lowes, stated that it was a good project, that the changing of R-1 to C-i
of the General Plan should encourage new businesses. The zone change will implement
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1994 11 16 CC MINòw @˜ y Õ
CC MIN NOV 16 1994w½Uæ¯
8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 7
OF THE CITY OF BALDWIN PARK NOVEMBER 16, 1994
the objectives and goals of the General Plan, it will increase retail sales, and the Spanish
style will compliment the architectural design of the City. The property has adequate
access to and from the station. USA Gasoline has stated that they are willing to do
anything required to build the project.
In response to Mayor pro tern Martinez, Director of Public Works Mousavi stated that he
did not have the exact cost estimate for the left turn phase, and it would depend on
whether the existing poles can be used. If the poles have to be changed the cost is
approximately $40,000 to $50,000, if existing poles can be used the approximate cost
is $10,000 to $15,000.
It was moved and seconded to approve Resolution No.94-124, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AN AMENDMENT
TO THE LAND USE ELEMENT MAP OF THE CITY'S GENERAL PLAN FROM SINGLE
FAMILY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL APPLICANT: USA
GASOLINE CORPORATION; CASE NO: AGP-96; ADDRESS 14874-78 PACIFIC
AVENUE)." MIS/C: GALLEGOS/LOWES. There were no objections.
It was moved and seconded to approve Resolution No.94-125, A RESOLUTION OF
THE CITY OF BALDWIN PARK APPROVING A CONDITIONAL USE PERMIT
APPLICANT: USA GASOLINE CORPORATION; CASE NO: CP-526; LOCATION: 3665
N. PUENTE AVENUE AND 14818 PACIFIC AVENUE)." MIS/C: GALLEGOS/LOWES.
ROLL CALL VOTE:
AYES GALLEGOS. LOWES. MAYOR PRO TEM MARTINEZ
NOES MUSE
ABSENT MAYOR VARGAS
Motion carried.
It was moved and seconded to introduce Ordinance No.1090, AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CHANGE OF
ZONE FROM R-1, TO C-i ON APPROXIMATELY 55 ACRES APPLICANT: USA
GASOLINE CORPORATION; CASE NO: Z-507; LOCATION: 14874-78 PACIFIC
AVENUE)," for first reading, that the ordinance be read in title only and that all further
reading be waived. MIS/C: GALLEGOS/MARTINEZ. There were no objections.
It was moved and seconded to reconsider Resolution No.94-125 to eliminate the
installing of the left turn phase on existing traffic, Section 3, Item G-4. MIS:
GALLEGOS/LOWES.
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1994 11 16 CC MINòw @˜ y Õ
CC MIN NOV 16 1994w½Uæ¯
8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 8
OF THE CITY OF BALDWIN PARK NOVEMBER 16,1994
ROLL CALL VOTE:
AYES GALLEGOS. LOWES. MAYOR PRO TEM MARTINEZ
NOES MUSE
ABSENT MAYOR VARGAS
Motion carried.
It was moved and seconded to adopt Resolution No. 94-125 as amended. MIS.
GALLEGOS/LOWES.
ROLL CALL VOTE:
AYES GALLEGOS. LOWES, MAYOR PRO TEM MARTINEZ
NOES MUSE
ABSENT MAYOR VARGAS
Motion carried.
In response to City Attorney Bower, Director of Public Works Mousavi stated that 1)
Council could consider having the developer do a traffic analysis, give the information with
respect to the pro-rata share with the cost of the signal; and 2) Set a limit with cost up
to $15,000 as their share of participation, have the City take an analysis to up grade the
signal and they pay for their share. Recommend that $15,000 is left with the City staff
and City staff will take care of the engineering study and anything that needs to be done.
It was moved and seconded to reconsider adding a condition that would reword, that
the applicant contribute up to a maximum of $15,000 for the installation of a left turn
phase on the existing traffic signal. MIS: GALLEGOS/MARTINEZ.
ROLL CALL VOTE:
AYES GALLEGOS. MAYOR PRO TEM MARTINEZ. LOWES
NOES MUSE
ABSENT MAYOR VARGAS
Motion carried.
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1994 11 16 CC MINòw @˜ y Õ
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 9
OF THE CITY OF BALDWIN PARK NOVEMBER 16,1994
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REPORTS OF OFFICERS. COMMISSIONS. AND COMMITTEES
City Clerk Gair requested Council adopt a resolution appointing a member to the
Human Services Commission. Julio Silva resigned his appointment as commissioner
due to a conflict of his schedule. It was recommended that Council nominate an
individual for the Human Services Commission and adopt the resolution confirming
that appointment.
It was moved and seconded to appoint Mary Ferrer to Office No.1 as Human
Services Commissioner. MIS/C: MARTINEZ/LOWES. There were no objections.
It was moved and seconded to approve Resolution No. 94-126, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING
MEMBERS TO THE HUMAN SERVICES COMMISSION OF BALDWIN PARK."
MIS/C: MARTINEZ(LOWES. There were no objections.
Director of Community Development Carbajal stated that the Sierra Vista PAC voted
to amend the Project Area Committee Bylaws. The proposed amendments are to
enable PAC members to serve as officers of the Committee and to make sure that
meetings are not cancelled due to a lack of quorum. The PAC members have
recommended that the Bylaws allow three 3) alternates to be designated to serve as
voting members in the event that a quorum is not present at a particular meeting. It
was recommended that Council approve the amendments to the Sierra Vista Project
Area Committee PAC) Bylaws.
It was moved and seconded to approve Resolution No. 94-127, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE
PROJECT AREA COMMITTEE FOR THE SIERRA VISTA REDEVELOPMENT
PROJECT, AND APPROVING THE AMENDED BYLAWS FOR SAID PROJECT."
MIS/C: GALLEGOS/MUSE. There were no objections.
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COUNCIL/STAFF REQUESTS AND COMMUNICATIONS
Mayor pro tem Martinez requested: 1) That Pastor Martzen place a story in the NOW"
about the closing of the Food Bank and what the needs are to distribute food; 2) A
report be placed on the agenda pertaining to allowing businessowners to place signs at
their businesses for the holidays; and 3) Arrange a meeting relative to Code Enforcement
to discuss meeting goals.
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1994 11 16 CC MINòw @˜ y Õ
CC MIN NOV 16 1994w½Uæ¯
8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 10
OF THE CITY OF BALDWIN PARK NOVEMBER 16,1994
Councilmember Gallegos stated that November 8th he won the election to the State
Assembly to represent the 57th District, and as a result, needed to resign from his
council seat as of 12:01 a.m. on November 17th. He expressed his gratitude to the
voters, the City and City staff for all their help and confidence in him, and he thanked
them for giving him the opportunity to continue serving this community.
Council expressed their congratulations to Councilmember Gallegos for his victory in the
State Assembly race.
Director of Administrative Services Yeats, on behalf of the Executive Team congratulated
Councilmember Gallegos on his victory to the Assembly and wished him success.
Councilmember Muse requested the City Clerk to prepare a report pertaining to the
vacancy on the Council and list all the options for Council.
City Attorney Bower stated that within 30 days Council would need to call an election or
appoint.
00-
The regular meeting of the City Council recessed at 8:44 p.m.
The regular meeting of the City Council reconvened at 8:48 p.m.. Roll call remained
the same.
00-
CLOSED SESSION
The regular meeting of the City Council adjourned to a Closed Session to consider
Litigation: Greater Los Angeles Hotel/Motel et. al..vs City of Baldwin Park pursuant to
Government Code Section 54596.9(a).
No action was taken.
00-
The regular meeting of the City Council was adjourned at Z:16 p.m. There were no
object ions.
LINDA L. GAIR, CITY CLERK
BETTY BRANEK, DEPUTY CITY CLERK
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