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Home My WebLink About1995 10 04 CC MIN1995 10 04 CC MINòw @˜{`CC MIN OCT 4 1995[Þ›[Ht8 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL 14403 EAST PACIFIC AVENUE, WEDNESDAY, OCTOBER 4, 1995 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 LOZANO, LOWES, MARTINEZ, MUSE, AND MAYOR VARGAS ALSO PRESENT: City Attorney Bower, Dir. of Administrative Services Yeats, Chief of Police Lanza, Dir. of Human Services Nunez, Dir. of Public Works Mousavi, City Treasurer Montenegro, Deputy City Clerk Branek, and City Clerk Gair 00- Mayor Vargas read the Proclamation declaring October 21, 1995 as UN Day 50th Anniversary and presented it to Mary Ann Wright. Director of Human Services Nunez introduced Gregory Shaffer, Local Program Development Specialist with the California Healthy Cities Project. Mr. Shaffer commented on the purpose of the project, their accomplishments and goals. He presented each Councilmember with a Healthy Cities Lapel Pin. City Clerk Gair requested Council adopt the resolution appointing Jim Mora, Baldwin Park High School and Sara Van Cleave, Sierra Vista High School as Human Services Student Commissioners. It was moved and seconded to approve Resolution No.95-66, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING MEMBERS TO THE HUMAN SERVICES COMMISSION OF THE CITY OF BALDWIN PARK," Office No. 6, Jim Mora, Baldwin Park High School and Office No.7, Sara Van Cleave, Sierra Vista High School as Student Commissioners. MIS/C: MARTINEZ/LOZANO. City Clerk Gair administered the Oath of Office to Human Services Student Commissioners Mora and Van Cleave. BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 4-U02 1995-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 FO3556-U03 DO3557-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1995-U02 10-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 DO3557-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1995 10 04 CC MINòw @˜{`CC MIN OCT 4 1995[Þ›[Ht8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 2 OF THE CITY OF BALDWIN PARK OCTOBER 4,1995 Chief of Police Lanza introduced Police Officer Sanford Hofmann and told of his background and education. City Clerk Gair administered the Oath of Office to Officer Hofmann. 00- ORAL COMMUNICATION Mayor Vargas declared Oral Communications open and invited those wishing to speak on any subject to come forward. Peter Chen, 4224 Bresee, stated that he had applied for a Home Occupation Permit and Business License to operate an office. After the inspection, he received notices from the Building and Code Inspectors to get permits to de-convert his garage and patio. He did not think it was fair since he was disabled and he has no help. There being no other speakers Mayor Vargas declared Oral Communications closed. 00- CONSENT CALENDAR The Consent Calendar consisted of the following items: 1. Approval of Certificate of Posting for October 4,1995 2. Approve Minutes: Regular Session: September 20, 1995 Study Session: September 20, 1995 3. Waive Further Reading and Adopt RESOLUTION NO.95-65 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Approval of Civic Center Facility Improvements and Appropriations of Funds 5. Approve Award of Contract and Design Storm Drain Facilities Olive and Maine Street Avacon Corporation 6. Approve Memorandum of Understanding MTA Prop A Quarterly Incentive Grant 7. Approve Budget Appropriation for Waste Management Projects BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 4-U02 1995-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 FO3556-U03 DO3557-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1995-U02 10-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 DO3557-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1995 10 04 CC MINòw @˜{`CC MIN OCT 4 1995[Þ›[Ht8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 3 OF THE CITY OF BALDWIN PARK OCTOBER 4,1995 8. Approve Agreement Los Angeles County Assessor's office and the Department of Public Works to Provide a Digital Graphic Database Mayor Vargas requested that Item No.5 be removed and brought back to another Council meeting. Councilmember Muse requested Item No.3 be removed for separate consideration. It was moved and seconded to approve Consent Calendar Item No's. 1-2, 4 & 6-8. MIS/C: MARTINEZ(LOZANO. There were no objections. In response to Councilmember Muse, Director of Human Services Nunez stated that Evelia Sanchez was a part-time employee with 1,000 hours, and that she was working on the Healthy Cities Project when her time ran out. Since she was close to finishing the project, she signed a contract to complete the job. In response to Councilmember Muse, City Attorney Bower explained that contract services is not an employee, but a person that has a contract to perform a particular service. Mayor pro tem Martinez requested that City Attorney Bower and Risk Manager Cole research the legality of a part-time employee changing to a contract employee. It was moved and seconded to approve Consent Calendar Item No.3. MIS/C: MUSE/LOZANO. Mayor pro tem Martinez abstained due to a possible conflict of interest. 00- PUBLIC HEARING Mayor Vargas introduced the Public Hearing pertaining to the denial of the appeal of Mr. Domingo Rodriguez and Ms. Irene Mendez for the Tentative Parcel Map 1286 and uphold the findings of the Advisory Agency. Director of Public Works Mousavi stated that the Advisory Agency had conditionally approved the Tentative Parcel Map 1286, which included the subdivision of the property located at 3706-08 Rhodes Lane, that consisted of two existing houses on one big lot. The developer proposed to subdivide the lot and create two separate single family residential units. On August 31st, staff received a written appeal by the property owners regarding conditions which were issued by the City and the Los Angeles County Fire Department. The conditions and a list of comments were listed in the staff report. Pursuant to Section 152.06 of the Municipal Code, and in accordance with requirements of the State Subdivision Map Act, the developer is required to construct all off-site improvements prior to the construction or reconstruction of any BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 4-U02 1995-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 FO3556-U03 DO3557-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1995-U02 10-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 DO3557-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1995 10 04 CC MINòw @˜{`CC MIN OCT 4 1995[Þ›[Ht8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 4½ OF THE CITY OF BALDWIN PARK OCTOBER 4, 1995 building or structures when a subdivision map is proposed. Due to the location of the existing houses and the fact that the street is a private street, any dedication to convert the street into a public street would have made the parcel map impossible. Staff consented to keep the street private subject to the agreement that the property owners pave the street and provide other improvements. The construction of curbs and gutters and sidewalks along the frontage of the property was not required. It was recommended that Council deny the appeal of Domingo Rodriguez and Irene Mendez for Tentative Parcel Map 1286 and uphold the findings of the Advisory Agency. Mayor Vargas declared the Public Hearing open and invited those wishing to speak pertaining to Tentative Parcel Map 1286 to come forward. Domingo Rodriguez, 3906 Rhodes Lane, stated that the street is a private street, and it has been the same since before the City became a City. The people that live on the street are not interested in de-privatizing the street. He also stated that he was not a developer, that the second home was for his parents that have passed away, and all he wants to do is sell the second home. He has no plans to develop the parcel and he is willing to sign a deferred agreement. Director of Public Works Mousavi stated that a turn around is required by the Fire Department at the end of the street, and that a telephone pole needs to be removed. He also stated that the property owners have extended their fences on to the encroachment and the City has not enforced people to move their fences back. He stated that the City could be liable if the conditions are not met. In response to Council, Mr. Rodriguez stated that each house on his property has its own meters for all utilities. Council discussed the need for a developer to improve the street, but felt to demand this of an individual, who wants to divide his property, in order to sell a house is harsh. The requirement of the Fire Department should not be placed on an individual but a developer. Councilmember Muse requested that staff develop a way to get all private streets to upgrade and to change to public streets. Mayor Vargas directed staff to work with Mr. Rodriguez and the Fire Department to reach an agreement, be sure the utility meters are separate, and get the deferred agreement signed. The item will be continued to the next Council meeting unless an agreement can been reached. Mayor pro tem Martinez requested staff send a representative to Rhodes Lane to discuss with the property owners the possibility of the street becoming a public street and BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 4-U02 1995-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 FO3556-U03 DO3557-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1995-U02 10-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 DO3557-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1995 10 04 CC MINòw @˜{`CC MIN OCT 4 1995[Þ›[Ht8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 5 OF THE CITY OF BALDWIN PARK OCTOBER 4,1995 possibly implementing a street assessment. Mayor Vargas announced that the Public Hearing pertaining to An appeal of the Planning Commission's approval of a conditional use permit allowing a billiard parlor Appellant: Jim Porter; Property: 4281 Maine Avenue; Case No. CIP-538), was pulled due to non-compliance BPMC 153.689(b). 00- REPORTS OF OFFICERS. COMMISSIONS. AND COMMITTEES Director of Human Services Nunez purposed an agreement with a carnival amusement company to provide services for the Celebrate Baldwin Park festivities in 1995. He introduced Bill Jacobs, Christiansen Amusements, to provide two points of clarification pertaining tickets and booths. Bill Jacobs, representative with Christiansen Amusements, stated that Christiansen's will provide 350 unlimited rides on family night, children under 12 are $1 with an adult, and booths are $75 with no restrictions except the sale of cotton candy. In response to Mayor pro tem Martinez, Director of Human Services Nunez stated that the booths are open to the non-profit groups in the community, the lack of interest in food booths, and that most of the organizations want the game booths. The carnival booths will be advertised in the NOW, and fliers will be distributed. There will be from 30-40 booths available for selection. Councilmember Muse suggested a lottery system be used to select the non-profit organizations who are inside the carnival area. In response to Council, Bill Jacobs stated that Christiansen Amusements operates only in Southern California, that they set up 85-90 carnivals a year, and there will be 12-14 rides in the City. He also stated that he did not know the City's gross for last year. The carnival will provide 1,000 tickets for 1,000 rides. Mayor Vargas directed staff to send a letter to all non-profit organizations in the City and include an application for both inside the carnival area and the outside area. It was moved and seconded to approve the agreement with Christiansen Amusements for carnival services for the 1995 Celebrate Baldwin Park festivities, and to change unlimited rides to Sunday. MIS/C: VARGAS/LOWES. There were no objections. 00- BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 4-U02 1995-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 FO3556-U03 DO3557-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1995-U02 10-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 DO3557-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1995 10 04 CC MINòw @˜{`CC MIN OCT 4 1995[Þ›[Ht8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 6 OF THE CITY OF BALDWIN PARK OCTOBER 4, 1995 City Attorney Bower stated that after the posting of the agenda a Subsequent Need Item became necessary to take action on in Closed Session The documents were received today that require action before the next Council meeting, pursuant to Government Code Section 54956.9(a), and a vote needs to be taken pursuant to Government Code 54954.2(b)(2). It was moved and seconded to add the Subsequent Need Item to the agenda pertaining to pending litigation, one case: Greenberg, Glusker, and et al. pursuant to Government Code 54956,9(a) and a vote pursuant to Government Code 54954.2(b)(2).' 00- COUNCIL/STAFF REQUESTS AND COMMUNICATIONS City Clerk Gair announced that Maclovio Perez, Channel 2 Weatherman, will be the Grand Marshal at the Celebrate Baldwin Park parade. Councilmember Muse requested letters be sent opposing AB317, shopping cart pre- emption, which will limit the City's ability to enforce shopping cart ordinances; and SB646 alcohol outlets regarding bankruptcy, the conditional use permit can be transferred to new owners and the City does not have the ability to change the permit. Council concurred by unanimous consent. Mayor pro tern Martinez requested a write up on the explorer post be placed in the NOW. He also stated that he liked non-narrative articles in the NOW. In response to Councilmember Lowes, City Clerk Gair stated that the vendor on Chilcot Street had his product taken away this afternoon by Code Enforcement. 00- The regular meeting of the City Council recessed at 8:35 p.m. The regular meeting of the City Council reconvened at 8:36 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, one case: Greenberg, Glusker, and et al. pursuant to Government Code 54956,9(a) and vote pursuant to Government Code 54954.2(b)(2). BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 4-U02 1995-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 FO3556-U03 DO3557-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1995-U02 10-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 DO3557-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1995 10 04 CC MINòw @˜{`CC MIN OCT 4 1995[Þ›[Ht8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 7 OF THE CITY OF BALDWIN PARK OCTOBER 4, 1995 In Closed Session two settlement agreements were approved: 1) Greenberg, Glusker, et al., Malpractice suit regarding the Hilton Hotel and DDA for $50,000 to the City without prejudice; and 2) Burke, Williams and Sorenson for $750,000 and dropped claim for fees of $165,000 under general rules of settlement. All documents are public record according to the Public Information Act. 00- The regular meeting of the City Council adjourned at 9:01 p.m. to an adjourned regular meeting of the City Council on October 5,1995 at 8:00 a m There were no objections. LINDA GAlR, CITY CLERK BETTY BRANEK, DEPUTY CITY CLERK BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 4-U02 1995-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 FO3556-U03 DO3557-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1995-U02 10-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 DO3557-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05