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HomeMy WebLinkAbout1996 09 04 CC MIN1996 09 04 CC MINòw @˜|DCC MIN SEP 4 1996[Þ›[H‰8 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL 14403 EAST PACIFIC AVENUE, WEDNESDAY, SEPTEMBER 4, 1996 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, Deputy City Clerk Branek, and City Clerk Gair Mayor Vargas requested that the Proclamation declaring the month of September as Escrow Month" be mailed. 00- ORAL COMMUNICATION Mayor Vargas declared Oral Communications open and invited those wishing to speak on any subject to come forward. Marina Montenegro, 313 Park Shadow Court, requested at the last meeting a list of qualifications that would qualify Lt. Lopez as Acting Chief of Police. She stated that she felt that it was a breach of protocol to appoint Lt. Lopez as Acting Chief of Police, to over look the obvious senior officer, to go down the ranks and elevate a junior officer. She further stated that her inquiry was not answered, and that neither was the inquiry that was submitted by Councilmember Lowes. The issue is not racial, but the administration of $8.5 million budget. She quoted Cesar Chavez, It is unfortunate that power is needed to get justice. That suggests a lot about the nature of man. However, we must also guard against too much power, because too much power corrupts' Larry Walton, 3802 Big Dalton, stated that he is a family man, a community person, BIB] 37175-U01 CC-U02 MIN-U02 SEP-U02 4-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3509-U03 DO3511-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 09-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3511-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 09 04 CC MINòw @˜|DCC MIN SEP 4 1996[Þ›[H‰8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.2 OF THE CITY OF BALDWIN PARK SEPTEMBER 4,1996 and that he believes in God. He further stated that he took it personal when he was called a liar at the last Council meeting. He pointed out that he was told that he would not be elected to the Water Board, and that the School Bond would not bZ passed without the help of the Mayor. He further stated that justice will prevail in March and the people will cast their votes for Mayor and Council. He stZed that somZ. of the Council did not have all the information in order to place Lt. Lopez as Acting Chief of Police. Other police agencies believe in rank in file. All the various races represent this community. Carolyn Lake, 13536 Francisquito Ave., stated that she graduated as a police explorer in 1995. She stated that she made a police report pertaining to a rape by a police explorer. She further stated her dissatisfaction with the handling of the rape case. She also stated her approval of the appointment of Acting Chief of Police Lopez. Candy Carmichael, 4341 Cutler, stated that she represents a group of citizens in the City. She stated that the parents were given a notice at the Daycare Center pertaining to parking. She submitted a petition that requested a survey and consideration of changing a portion of the existing red zone at the rear entrances of the Community Center to a white loading zone area, for the purpose of accessing both the Daycare Center and the City pool. Lee Lucas, 4442 Bresee, thanked Council for the red tag on the Angelo property on Baldwin Park Boulevard, and that the developers will clean up the property across the street. There being no other speakers, Mayor Vargas declared Oral Communications closed. 00- CONSENT CALENDAR The Consent Calendar consisted of the following: 1. Approval of Certificate of Posting September 4, 1996 2. Approve Minutes: Regular Meeting August 7,1996 and August 21,1996 Study Session August 21, 1996 3. Waive Further Reading and Adopt RESOLUTION NO.96-72 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK BIB] 37175-U01 CC-U02 MIN-U02 SEP-U02 4-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3509-U03 DO3511-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 09-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3511-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 09 04 CC MINòw @˜|DCC MIN SEP 4 1996[Þ›[H‰8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.3 OF THE CITY OF BALDWIN PARK SEPTEMBER 4, 1996 4. Waive Further Reading and Adopt ORDINANCE NO.1117 ADDING A NEW CHAPTER 124 TO THE Second Reading) CODE OF ORDINANCES AND AMENDING CHAPTER 153 PERTAINING TO REGULATIONS APPLICABLE TO ADULT- ORIENTED BUSINESSES 5. Approve Participation Amicus Curiae Brief Tily B vs. City of Newport Beach 6. Approve Participation Amicus Curiae Brief Ellis vs. State of California 7. Approve Stand Still Agreement Abalo vs. Chevron, Inc. 8. Approve Award of Contract Update Data Existing Pavement Management Program CIP 609 ITX Stanley, Inc. 9. Approve Award of Contract Design of Improvements Various Residential Streets CDBG Funds CIP 612 Dewan, Lundin and Associates 10. Approve Plans and Authorize Bids CDBG Sidewalk Construction 11. Approve Agreement Acting Chief of Police Ed Lopez 12. Waive Further Reading and Adopt RESOLUTION NO.96-73 AMENDING RESOLUTION NO.96-49 A BASIC SALARY It was moved and seconded to approve the Consent Calendar. M/S/C: MARTINEZ/MUSE. Councilmember Martinez abstained from Item No.3 due to a possible conflict of interest. 00- PUBLIC HEARING Mayor Vargas introduced the Public Hearing pertaining to the Consideration of the adoption of a resolution approving the City's Congestion Management Program Local Implementation Report and certifying that the City Is In conformance with all applicable elements of the Los Angeles County Congestion Management Program Director of Public Works Mousavi stated that the state legislature requires MTA to BIB] 37175-U01 CC-U02 MIN-U02 SEP-U02 4-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3509-U03 DO3511-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 09-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3511-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 09 04 CC MINòw @˜|DCC MIN SEP 4 1996[Þ›[H‰8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.4 OF THE CITY OF BALDWIN PARK SEPTEMBER 4,1996 annually monitor and determine that local jurisdictions are in compliance with the CMP. The MTA has implemented a system of debits and credits to assign point values to development projects and congestion relief/transportation improvement measures. The City's Local Implementation Report LIR) was included in the staff report. It was recommended that Council adopt the Local Implementation Report and resolution certifying that the City is in compliance with the Los Angeles County Congestion Management Program. Mayor Vargas declared the Public Hearing open and invited those wishing to speak on the Congestion Management Program to come forward. There were none. Mayor Vargas declared the Public Hearing closed. It was moved and seconded to approve Resolution No.96-74, A RESOLUTION OF THE CITY OF BALDWIN PARK, CALIFORNIA FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089." M/S/C: LOWES/LOZANO. There were no objections. Mayor Vargas Introduced the Public Hearing pertaining to the Consideration of a request for approval of a Certificate of Public Convenience and Necessity In compliance with Section 123.02 of the Baldwin Park Municipal Code Applicant: N.N.S., Inc. dba Yellow Cab AAA Yellow Cab; 805 E. San Bernardino Rd., Covina)." City Clerk Gair stated that an application has been made by AM Yellow Cab Company requesting approval of a Certificate of Public Convenience and Necessity and all requirements have been met. The police department made a complete inspection of the 16 vehicles to be used by AM Yellow Cab Company and a Department of Motor Vehicles and police check of each of the 19 drivers. All applications are complete and all fees paid in full by the applicant. It was recommended that following the Public Hearing Council review the materials as presented in the staff report and if satisfied approve the Certificate of Public Convenience and Necessity for AM Yellow Cab Company for taxicab services in the City. Mayor Vargas declared the Public Hearing open and invited those wishing to speak pertaining to the Certificate of Convenience and Necessity to come forward. There were none. Mayor Vargas declared the Public Hearing closed. Councilmember Martinez suggested establishing a system to rotate cab companies when the City calls for service. BIB] 37175-U01 CC-U02 MIN-U02 SEP-U02 4-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3509-U03 DO3511-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 09-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3511-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 09 04 CC MINòw @˜|DCC MIN SEP 4 1996[Þ›[H‰8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 5 OF THE CITY OF BALDWIN PARK SEPTEMBER 4,1996 It was moved and seconded to approve the Certificate of Convenience and Necessity for AAA Yellow Cab Company for taxi services in the City. M/S/C: MARTINEZ(MUSE. There were no objections. Mayor Vargas announced that the Public Hearing pertaining to the Consideration of an increase In service rates for refuse collection pursuant to an agreement between the City and Waste Management of the San Gabriel/Pomona Valleys and an extension of the current agreement," has been continued to the Council meeting of September 18, 1996. 00 REPORTS OF OFFICERS. COMMISSIONS AND COMMITTEES Acting Chief of Police Lopez requested approval to submit the grant application for the Universal Hiring Program. The grant offers funding for law enforcement agencies to increase their Community Oriented Policing programs. It is offered through the Omnibus Appropriations Act of 1994. Funding received cannot be used for positions that otherwise would have been funded by local sources. This is a three year grant program requiring a percentage of matching funds from the grantee. Grant funds decrease each year, which would require an increase in the matching funds. Full funding is required from the grantee the fourth year. Staff recommended approval. It was moved and seconded to approve the submission of the grant application for three officers through the Universal Hiring Program. M/S/C: MARTINEZ/MUSE. There were no objections. COUNCIL/STAFF REQUESTS AND COMMUNICATIONS Mayor pro tem Muse requested forming a committee to work on how to retain business in the City. Council agreed by unanimous consent. She also requested an award program for Business Beautification. Director of Administrative Services Yeats stated that Economic Development was to put together a Business Beautification Program and the department is waiting until the new director has been hired. Mayor pro tem Muse stated that a very successful Kids Kare Fair was held on August 31st. and the Police Explorers were utilized. The City along with other organizations offered several free services. BIB] 37175-U01 CC-U02 MIN-U02 SEP-U02 4-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3509-U03 DO3511-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 09-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3511-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 09 04 CC MINòw @˜|DCC MIN SEP 4 1996[Þ›[H‰8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.6 OF THE CITY OF BALDWIN PARK SEPTEMBER 4,1996 Councilmember Martinez requested staff look at a way to develop a temporary sign program to allow some of the business to utilize banners and signs during the holidays. He requested that the next Planning Commission) Meeting a discussion be held to find a way to be more flexible. Council agreed by unanimous consent. Mayor pro tern Muse requested a possible International Festival in conjunction with the Celebrate Baldwin Park, that would represent the diversity in the City, and to invite the different groups in the City to participate in the 40th Year Anniversary of the City. Council agreed by unanimous consent. In response to Councilmember Lozano, Director Yeats stated that the tees have been paid on the project area, all the legal issues have been handled and demolition has been set for September 9th. In response to Councilmember Lozano, Director Mousavi stated that Cal-Trans did the weed removal along the freeway, but he would call them to get them to remove the weeds again. Councilmember Lowes stated that she received a request from a gentleman on Ledford Street that requested the vines and plants be trimmed that are growing over the fence from Walnut Creek Park into his yard. Mayor Vargas stated that he serves on the Baldwin Park 2000 Participation Committee which have the support from EVO, the Chamber and School District and they are trying to encourage 100% voter participation in the November election. The first part of the project is to register voters from September 23rd through October 7th. He requested Council concurrence for the City to participate in the project. The City would facilitate volunteers to be able to register voter at the Community Center, at City Hall and other City facilities. Council agreed by unanimous consent. City Clerk Gair suggested that as these voter registration programs are set up that people be encourage to learn the proper processes on absentee voting. Councilmember Martinez requested City Clerk Gair prepare an article for the NOW" pertaining to absentee ballots. In response to Councilmember Martinez, Director Nunez stated that a Mexican Independence Day Celebration would be held on September 14th from 2:00 p.m. to 6:00 p.m. at the Baldwin Park Towne Center. BIB] 37175-U01 CC-U02 MIN-U02 SEP-U02 4-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3509-U03 DO3511-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 09-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3511-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 09 04 CC MINòw @˜|DCC MIN SEP 4 1996[Þ›[H‰8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 7 OF THE CITY OF BALDWIN PARK SEPTEMBER 4, 1996 It was moved and seconded to adjourn the regular meeting of the City Council at 7:50 p.m. M/S/C: MARTINEZ/LOWES There were no objections. LINDA L. GAIR, CITY CLERK BETTY BRANEK, DEPUTY CITY CLERK BIB] 37175-U01 CC-U02 MIN-U02 SEP-U02 4-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3509-U03 DO3511-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 09-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3511-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05