HomeMy WebLinkAbout1996 08 21 CC MIN1996 08 21 CC MINòw @˜ | 8 CC MIN AUG 21 1996à›[H}8 REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK, CITY HALL,
14403 EAST PACIFIC AVENUE, WEDNESDAY,
AUGUST 21, 1998
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 LOWES, LOZANO,
MARTINEZ, MUSE, AND MAYOR VARGAS
ALSO PRESENT: City Attorney Bower,
Dir. of Administrative Services Yeats,
Acting Chief of Police Lopez,
Dir. of Public Works Mousavi,
Dir. of Rec/Community Services Nunez,
City Treasurer Montenegro, and
City Clerk Gair
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Mayor Vargas introduced Planning Commissioner Daniel J. Galindo and told of his
education and background. City Clerk Gair administered the Oath of Office to
Commissioner Galindo.
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ORAL COMMUNICATION
Mayor Vargas declared Oral Communications open and invited those wishing to
speak on any subject to come forward.
Larry Walton, 3802 Big Dalton
Susan Van Cleave, 13232 Emery
William Van Cleave, 13232 Emery
Marina Montenegro, 313 Park Shadows
Sara Van Cleave, 13232 Emery
All spoke in opposition to the appointment of Lt. Ed Lopez as Acting Chief of Police,
because it was an injustice to Captain Dennis Kies, a person only moves up if they
are Hispanic, the public does not know Lt. Lopez and Captain Kies should continue to
be Acting Chief of Police, if a CEO of a company leaves a position they do not put a
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1996 08 21 CC MINòw @˜ | 8 CC MIN AUG 21 1996à›[H}8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.2
OF THE CITY OZ BALDWIN PARK AUGUST 21, 1996
clerk in the CEO's place, the Police Department and the Community is being divided,
and Lt. Lopez' resume, record, qualifications and background should be made public if
he is to be accepted.
Kerrie Stern, 1564 Hacienda Place, Pomona, invited everyone to the grand opening of
the new Mt. San Antonio College Performing Arts Center, September 5th., and the first
Magic of Broadway Program September 6, 7 & 8th.
Richard Tatum, 4650 Edra Speedway, stated that Edra Street is a speedway, that he has
been to a previous meeting to inform Council of the excessive speed, cars passing on the
street, and the hazard of pulling into your driveway. He referred to a letter from the City
that stated that the street does not qualify for stop signs. He asked for help from the City
to eliminate the speed on Edra.
Officer Kevin Blagg, Police Officer, Baldwin Park, residing in West Covina
Officer Gordon Clemmer, Police Officer, Baldwin Park, residing in Riverside County
Pat Jasper, Police Officer, Baldwin Park, residing in Pinion Hills
All spoke in favor of the appointment of Lt. Ed Lopez as Acting Police Chief, because
the majority of rank and file does not believe the appointment of Lt. Lopez was racially
motivated, that Ed Lopez was made Chief because he was a strong leader, has a high
degree of knowledge of police work, he is a cop's cop and has knowledge of the needs
of the community, they have confidence in him and feel he is the right person for the job
and he will make the department what it should be. Council made an educated choice
in the appointment of Ed Lopez and that Captain Kies would be supported if he had been
appointed, and the residents need to speak to some of the officers.
Bob Delgado, President of Police Association, resident of Rancho Cucamonga, stated
that the Association's official position is neither to support or to oppose the appointment
of Ed Lopez as Acting Chief of Police Lopez.
Susan Van Cleave, 13232 Emery, stated her opposition to a picture in the Tribune of
the Mayor portrayed as holding a gun as he is surrounded with children. She further
stated that she opposed only Latino stores being in the new center.
There being no other speakers, Mayor Vargas declared Oral Communications closed.
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CONSENT CALENDAR
The Consent Calendar consisted of the following:
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1996 08 21 CC MINòw @˜ | 8 CC MIN AUG 21 1996à›[H}8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.3
OF THE CITY OF BALDWIN PARK AUGUST 21, 1996
1. Approval of Certificate of Posting for August 21, 1996
2. Approve Minutes:
Study Session: August 7, 1996
3. Waive Further Reading and Adopt
RESOLUTION NO.96-69 ALLOWING CLAIMS AND DEMANDS
AGAINST THE CITY OF BALDWIN PARK
4. Receive and File Treasurer's Report
July 31, 1996
5. Deny Claim Against The City
Simona Bugarin
6. Waive Further Reading and Adopt
RESOLUTION NO.96-70 AMENDING RESOLUTION NO.96-48 A
CLASSIFICATION PLAN
7. Waive Further Reading and Adopt
RESOLUTION NO.96-71 AMEND RESOLUTION NO.96-49 A BASIC
SALARY PLAN FOR THE EMPLOYEES
8. Approve Executive Team Pay for Performance
9. Approve Agreement Recovery of Unclaimed Funds Financial Asset
Recovery Service
10. Approve Purchase Rotary Diesel Mower and Dual Axle Trailer California
Turf Company
11. Approve Authorization to Solicit Bids/Proposals Bus Shelters
12. Approve Award of Contract Printing Used Oil Program Calendar
Graphics United
Mayor Vargas stated that Item No.11 has been removed from the agenda.
It was moved and seconded to approve the Consent Calendar, Items No.1-10 & 12.
M/S/C: LOWES/LOZANO. Councilm ember Martinez abstained due to a possible conflict
of interest.
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1996 08 21 CC MINòw @˜ | 8 CC MIN AUG 21 1996à›[H}8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.4
OF THE CITY OF BALDWIN PARK AUGUST 21, 1996
PUBLIC HEARING
Mayor Vargas introduced the Public Hearing to consider Na repeal of Section 153.443,
Nonconforming Adult Businesses" of the Zoning Code, to modify Sections 153.440
and 153.441,adding definitions pertaining to Adult Businesses and specific location
criteria for Adult Businesses, respectively, and to amend 153.442, Conditional Use
Permit Required" which will apply only to massage parlors. Sections 153.211 and
153.226 will be amended to Include Adult Businesses as permitted uses within the
Industrial and Industrial/Commercial zones. This amendment will also add Chapter
124, Regulation of Adult-Oriented Businesses" to the Municipal Code which
contains additional regulations for Adult-Oriented Businesses and their performers-
AZC-1 38."
Assistant Planner Harbin stated that the current ordinance is unconstitutional, cities
cannot forbid adult businesses within their community, but may regulate their location and
certain elements of their operation. Staff targeted Industrial/Commercial and Industrial
zoned property in the northwest and southwest portion of the City as potential locations
for adult businesses. New permitting procedures are proposed in the ordinance which
will include specific licensing requirements for the adult businesses owner and each
employee. Each facility will also have specific physical requirements that will have to be
met. Finally, massage parlors which are considered by the Municipal Code as an adult
business are not afforded the same protection as adult businesses by the Supreme Court.
Therefore, current requirements affecting them will remain in place. Staff and the
Planning Commission recommended approval.
Mayor Vargas declared the Public Hearing open and invited those wishing to speak
pertaining to AZC-138, adult business ordinance revisions to come forward. There were
none.
Mayor Vargas declared the Public Hearing closed.
It was moved and seconded to Introduce Ordinance No.1117, AN ORDINANCE OF
THE CITY OF BALDWIN PARK, CALIFORNIA ADDING A NEW CHAPTER 124 TO THE
CODE OF ORDINANCES AND AMENDING CHAPTER 153 PERTAINING TO
REGULATIONS APPLICABLE TO ADULT-ORIENTED BUSINESSES," for first reading,
to be read in title only, and all further reading be waived. M/S/C: MARTINEZ/MUSE.
There were no objections.
Director of Administrative Services Yeats requested that the Public Hearing to consider
an increase service for refuse collection pursuant to an agreement between the City
and Waste Management of the San Gabriel Valley/Pomona Valleys, and the extension
of the Waste Management Agreement be continued to September 4th.
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1996 08 21 CC MINòw @˜ | 8 CC MIN AUG 21 1996à›[H}8 * REGULAR MEETING OF THE CITY COUNCIL PAGE NO.5
OF THE CITY OF BALDWIN PARK AUGUST 21,1996
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REPORTS OF OFFICERS. COMMISSIONS. AND COMMIrFEES
Director of Administrative Services Yeats requested the application and agreement
with Metricom, Inc. for franchise and license be continued to September 4th.
Mayor Vargas convened the regular meeting of the Baldwin Park Redevelopment
Agency at 7:50 p.m.
Director of Administrative Services Yeats requested Council and Agency Board
approval of a financing agreement between the City of Baldwin park and the
Baldwin Park Redevelopment Agency. As the Agency completes the final stages of
the acquisition phase of the Sierra Center Retail Shopping Center, final cost for
acquisition of commercial properties in the project site have been completed. Costs
for relocations of tenants and property owners, moving assistance payments, down
payment assistance, current legal fees, and goodwill payments have been completed.
Original estimates of costs were $2,500,000 and on June 30,1996 the balance sheet
the total cash required is $1,525,300.58. The loan amount of $1,526,000 is required
to balance the balance sheet. Staff recommended that the Council and the Agency
Board approve the financing agreement.
It was moved and seconded that Council approve the financing agreement
between the City of Baldwin Park and the Baldwin Park Redevelopment Agency
Sierra Vista Project Area In the amount of $1,526,000. M/S/C: MARTINEZ/MUSE.
There were no objections.
It was moved and seconded that Agency Board approve the financing agreement
between the City of Baldwin Park and the Baldwin Park Redevelopment Agency
Sierra Vista Project Area in the amount of $1,526,000. M/S/C:
MARTINEZ/LOZANO. There were no objections.
Director of Administrative Services Yeats requested Council and Agency Board
approval of a lease agreement with SDC, Partners, Inc. for the Police Sub-station
at the Sierra Center. Part of the Disposition and Development Agreement with SDC,
a Police Sub-station was established for the new retail center. At that time it was
agreed that the City/Agency would not pay any lease payments, but would be
responsible for the City's portion of the maintenance assessments. Staff
recommended approval.
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1996 08 21 CC MINòw @˜ | 8 CC MIN AUG 21 1996à›[H}8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.6
OF THE CITY OF BALDWIN PARK AUGUST 21, 1996
It was moved and seconded that Council approve the lease agreement for the Police
Substation with SDC Partners, Inc. M/S/C: LOWES/MARTINEZ. There were no
objections.
it was moved and seconded that Agency Board approve the lease agreement for the
Police Substation with SDC Partners, Inc. M/S/C: MARTINEZILOZANO. There were
no objections.
The regular meeting of the Baldwin Park Redevelopment Agency was recessed at
7:57 p.m.
The regular meeting of the City Council reconvened at 7:57. RoIl call remained the
same.
Development Services Manager Roessler recommended approval of an additional
allocation and award of contract to GK Hall Printing, Inc. for the printing of the 1996
Annual Report. The report will be printed in both English and Spanish. Three proposals
were received for the printing of the 1996 Annual Report. The Annual Report was not
originally placed in the budget. Therefore, the $20,000 would be allocated to all
department's support services budget to cover this expense. Staff recommended
approval.
In response to Mayor pro tem Muse, Director Yeats stated that the Annual Report would
contain a summary of each department's activities throughout the year and a summary
of expenditures and the budgeted amounts for each cost center.
Mayor pro tern Muse suggested placing the phone numbers on the reports.
In response to Mayor Vargas, Director Yeats stated that a draft would be presented to
Council and that the Annual Reports will be mailed by the end of September.
Mayor Vargas suggested picking eight different photos and placing captions on the photos
themselves and that way there could be more photos in the report.
It was moved and seconded to approve the allocation of $20,000 and award of
contract to GK Hall Printing, Inc. for the printing of the Annual Report. M/S/C:
LOZANO/MUSE. There were no objections.
Director of Recreation/Community Services Nunez stated that a RFQ for carnival
amusement services for the upcoming Celebrate Baldwin Park festivities was sent to
five companies. The Department received responses from two concessionaires. He
explained the content of the quotations as presented in the staff report. Based on the
quotes received from the two carnival concessionaires, staff recommended that Council
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1996 08 21 CC MINòw @˜ | 8 CC MIN AUG 21 1996à›[H}8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 7
OF THE CITY OF BALDWIN PARK AUGUST 21, 1996
enter into an agreement with Christiansen Amusements for carnival services for the 1996
Celebrate Baldwin Park Festivities and consider the request for future agreements
through the year 2000.
Councilmember Martinez, requested that the waiver of admission fee for children when
accompanied by an adult which is $1.00 be included in the agreement and children"
defined as 12 years old in the agreement, and in the contract a time frame be worked
out that they pay for the police services used.
Councilmember Martinez directed Director Nunez to inform Christiansen Amusements if
they are interested in a four year contract and they are willing to do some things, other
than those that were agreed to, that it could be discussed at a later date.
It was moved and seconded to approve the agreement wIth Christiansen Amusements
for Celebrate Baldwin Park Festivities for November, 1996 only. M/S/C:
VARGAS/MARTINEZ. There were no objections.
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COUNCIL /STAFF REQUESTS AND COMMUNICATIONS
In response to Councilmember Martinez, Director Yeats stated that an upgrade to the
software has been ordered and inventory is being done of all the extension lines that
are dead. The best solution is a new phone system which is about $200,000, the
second year of the budget needs to be amended to look at a new phone system.
Mayor pro tern Muse inquired about the Citizens Academy as volunteers with the
police department similar to the Huntington Beach Program.
Councilmember Lozano requested that the tree trimming on Maine Street not bald the
trees.
In response to Director Yeats, Councilmember Martinez requested a true team
building workshop where the E-Team and Council get into extensive goals and
dialogue. He suggested using Calamigos Ranch and Play to Win, it is a two to three
day session. Mayor Vargas suggested the end of September or the first of October
for team building and that it would be best on a Friday.
Mayor pro tern Muse announced that Saturday, August 24th the Kids Care Fare will
be at the Community Center.
Director of Recreation/Community Services Nunez invited everyone to attend the Jr.
Miss Pageant that will be held on August 22nd.
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1996 08 21 CC MINòw @˜ | 8 CC MIN AUG 21 1996à›[H}8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.4
OF THE CITY OZ BALDWIN PARK AUGUST 21, 1998
It was moved and seconded to adjourn the regular meeting of the City Council at 8:18
p.m. in memory of Jose Luis Garcia a lifelong friend of Councilmember Martinez,
killed as a Brinks Security guard.
LINDA L. GAIR, CITY CLERK
BETTY BRANEK, DEPUTY CITY CLERK
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