HomeMy WebLinkAbout1997 05 21 CC MIN1997 05 21 CC MINòw @˜ ~ <
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8 REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK, 14403
EAST PACIFIC AVENUE, WEDNESDAY, MAY
21,1997
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: COUNCILMEMBER LOZANO, MUSE, VAN
CLEAVE, AND MAYOR LOWES
ALSO PRESENT: City Attorney Olivas,
City Manager Yeats,
Acting Chief of Police Kies,
Dir. of Community Development Cervantes,
Dir. of Public Works Mousavi,
Dir. of Rec/Community Services Nunez,
City Treasurer Montenegro,
Deputy City Clerk Branek, and
City Clerk Gair
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PRESENTATIONS
Mayor Lowes read the Proclamation and declared May 18 through 24, 1997 as
National Public Works Week." Mayor Lowes presented the proclamation to
Engineering Technician Luna.
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ORAL COMMUNICATIONS
Mayor Lowes declared Oral Communications open and invited those wishing to
speak on any subject to come forward.
Dan Trunco, Baldwin Park, referred to a newspaper article written by Mr. Kope that
called Baldwin Park Hell Town. He stated that he resented the article because the
City has turned around. Every City has welfare, and illegal aliens is a federal
problem. Too many people living in one house is due to people working for
minimum wage.
Richard Tatum, Baldwin Park, stated that Edra Street is a race track, that cars go
excessive speeds all hours of the day and night. He referred to a letter from the City
that stated the speed limit is 30 miles an hour on Edra, and that the City's traffic
count is low and wrong.
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 2
OF THE CITY OF BALDWIN PARK MAY21, 1997
Margarita Vargas, 14139 Ohio Street, lives in section no.3 for street repairs. The
scheduled repair for the street is March, and she did not see anything happening on her
street.
Mary Ferrer, Baldwin Park, observed a lot of graffiti by the leather factory on Maine and
the owner complained to her that there is a lot of graffiti and vandalism in his area.
Marlen Garcia, Baldwin Park, is proud to live in the City. The nomination for the All-
American Cities award shows that people have worked together to be nominated. She
commended the Human Services and Recreation Department for all their hard work.
Dan Wong, Baldwin Park, explained his frustration over the loud music at St. John's
on Saturday nights after 10:00 p.m. The three day carnival had loud speakers in front
of the church, and the music bounces off their house which is opposite the church. He
stated that he called the police, but police said they could not do anything because St.
John's had a permit. He felt that the police should do something rather than make the
person filing the complaint a victim.
There being no other speakers, Mayor Lowes declared Oral Communications closed.
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CONSENT CALENDAR
City Clerk Gair presented the Consent Calendar.
1. Approval of Certificate of Posting for May 21,1997
2. Approve Minutes:
Regular Meeting: April 16,1997 and May 7,1997
3. Waive Further Reading and Adopt
RESOLUTION NO.97-28 ALLOWING CLAIMS AND DEMANDS
AGAINST THE CITY OF BALDWIN PARK
Warrants to Mr. Bill's Hardware Financial
Conflict of Interest Councilmember Van
Cleave Abstains)
4. Receive and File Treasurer's Report
April 30,1997
5. Approve Financial Agreement Taco Ready OPA Owner Participation
Agreement) City to Redevelopment Agency
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 3
OF THE CITY OF BALDWIN PARK MAY21, 1997
6. Approve Renewal of Agreement Police Helicopter Services U.S.
Helicopters
7. Approve Repayment of Revolving Loan Fund
8. Approve Agreement Los Angeles County Animal Control
9. Approve Amending Agreement Landscape Services Villa del Paseo
ProTurf
10. Approve Plans & Authorization to Solicit Bids for Slurry Seal Project FY
1997-98
11. Approve Request for Proposal General Plan Update
Mayor Lowes requested Item No.8 be removed for separate consideration.
Councilmember Lozano requested that Item No's 6 & 7 be removed for separate
consideration.
It was moved and seconded to approve the Consent Calendar Item No's 1-5 & 9-11.
MIS/C: MUSE/LOZANO. There were no objections.
In response to Council member Lozano and Mayor pro tem Muse, Chief Kies stated that
the helicopter contract can be cancelled at anytime. The increase to other cities will be
considered at the third year of the agreement. Sufficient funds exist from the monies that
the City receives, and the City collects the fee whether the helicopter is called or not.
The multi-year agreement would be absorbed the first two years.
It was moved and seconded to approve Item No.6. MIS/C: LOZANO/VAN CLEAVE.
There were no objections.
In response to Councilmember Lozano, City Manager Yeats stated that the repayment
of the Revolving Loan Fund is a transaction that was done with block grant funds for the
expansion of Morgan Park. A loan agreement was never created and that was revealed
through an audit. The City negotiated with EDA to repay the money over a period of
time, It was an accounting oversight.
It was moved and seconded to approve Item No.7. MIS/C: LOZANO/MUSE. There
were no objections.
In response to Mayor Lowes, City Manager Yeats stated that he has negotiated with
animal control for a telephone number that operates 24 hours a day. The item can be
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 4
OF THE CITY OF BALDWIN PARK MAY21, 1997
pulled and the agreement can be brought back with the telephone requirement.
Mayor pro tern Muse inquired regarding who monitors the animal control's customer
service, and if the City had ever considered using other agencies such as the Humane
Society. City Manager Yeats stated that an RFP could be developed that addressed the
concerns of who to complain to or contact and the allotted time to pick up dead
animals. Council concurred.
Dick Tatum, told of an injured animal that he picked up, the unreasonalbe amount of
time it took to contact the animal control and the time to get the animal treated.
Mayor Lowes stated that she did not want to approve the animal control agreement until
the City looks at other facilities. City Manager Yeats stated that the item can be brought
back and with service providers quotes.
City Clerk Gair stated for Council's information that the service that Code Enforcement
receives from animal control is excellent. They respond quickley and support Code
Enforcement.
It was moved and seconded to remove Item No.8 from the Consent Calendar. MIS/C:
LOWESNAN CLEAVE. There were no objections.
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SUBSEQUENT NEED
Director of Recreation/Community Services Nunez explained that after the posting of
the agenda a Subsequent Need Item arose and action needs to be taken under
Reports of Officers, Commissions & Committees. The document that was received
requires action before the next Council meeting because it pertains to the approval of
Summer Lunch Program Application and Agreement for preparation of meals.
Council agreed by unanimous consent.
00-
PUBLIC HEARING
Mayor Lowes introduced the Public Hearing pertaining to An appeal of the City
Council relating to the Planning Commission Decision pertaining to a Zone
Variance Appellant: Aliredo Rodriguez; Case No: ZV-643; Location: 3749
Grace Avenue)."
City Planner Onaga explained that the applicant is requesting a Zone Variance to
maintain an existing, but illegally constructed, covered patio area at the rear of the
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 5
OF THE CITY OF BALDWIN PARK MAY21, 1997
unit. The covered patio encroaches into the required 5-foot side yard setback, and was
constructed up to the rear yard property line. The location of the covered patio, even
if the required 5-foot setbacks are provided, will reduce the amount of required private
open space. Staff recommended denial to the Planning Commission and recommends
denial of the appeal to the Council for the following reasons based on Government Code
65906: 1) there are no exceptional or extraordinary circumstances or conditions
applicable to the subject property which are not applicable to similarly zoned properties
that would justify the reduction of private open space area; 2) there is no property right
available to other similarly situated property owners which is somehow denied this
property owner by failure to maintain the covered patio because 811 property owners
located within the R-1 zone are subject to the same regulations. Staff was also
concerned that the requested variance will set a precedent and cause reduction in
private open space areas.
Mayor Lowes declared the Public Hearing open on Zv-643 and invited those wishing
to speak pertaining to the appeal to come forward.
There were none. Mayor Lowes declared the Public Hearing closed.
In response to Mayor pro tem Muse, Director Cervantes and City Planner Onaga stated
that removing the patio still does not meet the zoning requirement. The previous owner
demolished the patio in 1989 and the City is not sure how long the patio has been built.
Mayor Lowes declared the Public Hearing re-opened and invited those wishing to
speak pertaining to the Zone Variance to come forward.
Alfredo Rodriguez, spokesperson for Mr. Solis, appellant and owner of the property.
Mr. Solis would like to maintain the covered patio, it's not causing any problem to the
neighbors, and if they get any objections from the neighbors, they will remove the patio.
The patio cover is composition shingles and it is not enclosed.
There being no other speakers, Mayor Lowes declared the Public Hearing closed.
City Attorney Olivas stated that the principals of law do not allow this case to be
negotiated or delegated to the authority of the neighbors not complaining to allow the
patio to stay. The authority is from the Council.
In response to Mayor Lowes and Mayor pro tem Muse, City Planner Onaga stated that
it did not make a difference if lattice work or open beams were on the patio, it was built
without permits, it does not allow for open space area, open space must be
unobstructed from ground to sky. A Zone Variance is the key when it does not meet
code. The patio cover goes up to the property line.
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 6
OF THE CITY OF BALDWIN PARK MAY21, 1997
in response to Councilmember Lozano, City Planner Onaga stated that a Spanish
speaking planner spoke with Mr. Solis and Mr. Rodriguez and the plans were not
delivered in time for the agenda packet.
Council discussed allowing the owner ample time to modify and bdng the property up
to code, also that the owners had knowledge that they did not pull a permit and that they
are not in compliance, and that there is no way to allow the owner to keep the patio.
It was moved and seconded to approve Resolution No.97-29, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DENYING AN APPEAL OF
THE PLANNING COMMISSION'S DECISION TO DENY ZV-634, A REQUEST TO
ALLOW A REDUCTION IN THE MINIMUM REQUIRED PRIVATE OPEN SPACE AREA
FOR A PROPERTY IN THE R-1 ZONE." MIS/C: MUSENAN CLEAVE. There were no
objections.
Mayor Lowes introduced the Public Hearing pertaining to Providing for a rate
adjustment to single family and commercial collection rates."
Assistant to the City Manager Roessler stated that the current agreement calls for all
service rate reviews to be adjusted by the increase of 1.6% in the Consumer Price Index.
The agreement calls for all service rates to be adjusted by that percentage, in addition
to uncontrollable costs since the last rate adjustment. Waste Management offered to
leave the single family rates at the current level of $12.67, with the City's agreement of
the retention of March 31, 1996 CPI measurement as a basis for the next CPI
adjustment to residential rates and the right to exercise the automatic CPI adjustment
with the required 45 day adjustment. They have asked that the 1.6% adjustment be
incorporated into the commercial rates for fiscal year 1997-98. By not showing an
increase this year, and increasing the rate by the difference between March 31,1996 CPI
and the then CPI measurements sometime in Fiscal 1997-98 the increase could be as
large as $ 41 per month if the current 1.6% doubled. Staff recommended that the
1.6% increase be enacted to both single family and commercial programs for fiscal year
1997-98 and the next rate increase be in accordance with the agreement.
Mayor Lowes declared the Public Hearing open on a rate adjustment for Waste
Management and invited those wishing to speak to come forward.
Mike Steftan, President of the San Gabriel/Pomona Valley Waste Management, stated
that the 1.6% is the CPI portion, for the residential rate there is also a consideration for
changes of the volume and value of the recycling commodities. The increase will not
be 1.6% but 2.4% for a total of $ 30 per month. It would go from the current rate of
$12.67 to $12.97. There is a balance remaining in the landfill set-aside account, and the
residents will continue to see their current rate at $12.19 per month. With the 2.4%
adjustment to the residential rate, the landfill set-aside account will continue to off-set that
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 7
OF THE CITY OF BALDWIN PARK MAY21, 1997
increase through May, 1996. The residents would see a higher rate on their bill, but a
higher off-set as well.
There being no other speakers, Mayor Lowes declared the Public Hearing closed.
In response to Councilmember Van Cleave and Mayor Lowes, Mr. Steffan stated that the
residents would pay the current $12.19 per month, the higher amount of the rate from
$12.67 to $12.97 would continue to be oft-set out of funds from the landfill set-aside
account. That account would be depleted more quickly. Just for prospective, the initial
amount of the set-aside fund would have gone a little longer than 20 months. With the
additional $ 30 it will still go through the end of May, 1998. The rate would be $12.97
beginning July 1st. Mr. Roessler stated that Waste Management wants to increase the
residential by 2.4% and commercial by 1.6%.
Councilmember Van Cleave stated that he agreed with Mayor Lowes in leaving the fee
at $12.19 and then have it raised accordingly. He eliminated the commercial trash
pickup for his store a long time ago.
In response to Councilmember Lozano, City Manager Yeats stated that the contract has
a clause in it that authorizes an adjustment in the CPI. If the City did not authorize the
increase, the City could be in breech of contract. City Attorney Olivas stated that he
would have to look at the agreement and see how much latitude there is, and bring it
back if confirmed that the CPI was a solid number. The proposed Ordinance shows
$12.87. The current ordinance does quote $12.67 for a single family resident. This
ordinance was made before the extra 8% was initiated.
In response to Mayor pro tem Muse, Mr. Steffan stated that the change comes from the
value of commodities as part of the price increase provision in the recycling program
which allows Waste Management to make total tonnage, but also measures total return.
The value of commodities dropped significantly last year, so the $.10 off-sets that
towards the cost of the program. Newspapers went down to $10.00 per ton. The
tipping fees was a one time occurance. Baldwin Park rates are below other cities rates.
In response to Mayor Lowes, Mr. Steffan stated that under the current contractual
requirements and the price increase provisions diverted items is reported once a year
at the time of adjustment. Waste Management will provide on a monthly basis some
sort of indicator to assist the City. He also stated that Waste Management made an
error when they submitted the idea of trying to defer the residential rate increases.
Waste Management should have provided befler information. The commercial rates will
be what is in the report, the only change will be the $ 10 on the residential.
In response to Councilmember Van Cleave and Mayor Lowes, Mr. Steffan stated that
there is no established rate for an additional trash container. An additional recycling
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 8
OF THE CITY OF BALDWIN PARK MAY21, 1997
container is available at no charge to Baldwin Park. If the 96 gallon container provided
be filled first and then additional waste can be put out in the residents own containers
and they will be picked up.
In response to Mayor pro tern Muse, Mr. Roessler, stated that in 1995 the City had a
25.1 diversion rate. If the City states remains status quo, there is no way to meet the
50% diversion rate by year 2000. The City needs to do more things even if it costs more
per month. There is a $10,000 fine per day if the City does not meet that diversion rate.
It was moved and seconded to introduce Ordinance No.1125 as amended, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING
CHAPTER 50.19 OF TITLE V OF THE BALDWIN PARK MUNICIPAL CODE RELATING
TO FEES FOR REFUSE COLLECTION AND CURBSIDE RECYCLING SERVICES," for
first reading, that it be read in title only and all further readings be waived. MIS/C: VAN
CLEAVE/MUSE. There were no objections.
00-
REPORTS OF OFFICERS, COMMISSIONS, AND COMMITTEES
Director of Recreation and Community Services Nunez requested approval to submit
an application to the State of California, Department of Education to participate in the
1997 Summer Lunch Program and to contract with the El Monte Union High
School District to prepare program meals. Staff met with representatives from the
El Monte Union High School District to negotiate an acceptable menu. The program
is fully funded through a grant from the State of California and would not result in any
financial impact to the City's general fund. Staff recommended approval.
It was moved and seconded to approve the application to participate in the 1997
Summer Lunch Program and authorize the Director of Recreation and
Community Services to execute an Agreement with the El Monte Union High
School District for the preparation of program meals. MIS/C: MUSE/LOZANO.
There were no objections.
City Manager Yeats requested Council to continue the Engineer's Report to May 28,
1997.
It was moved and seconded to continue the Engineer's Report to May 28, 1997.
MIS/C: VAN CLEAVE/MUSE. There were no objections.
Mayor Lowes announced that the June 4th Council meeting will be dark due to the City
being nominated for the All-American Cities Award. The Council will be going to Kansas
City, Missouri to claim that award."
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 9
OF THE CITY OF BALDWIN PARK MAY21, 1997
City Manager Yeats stated that the Item, pertaining to Proposition L providing funding
for the County Public Library was removed from the Council Agenda. The City is not
located in the Community Facilities District.
00-
COUNCIL/STAFF REQUESTS AND COMMUNICATIONS
Councilmember Lozano requested: place the drawings on the Central Park West
renovation at the Community Center; and run information in Spanish in the NOW
explaining building requirements for home owners.
Mayor Lowes explained that the City has ongoing articles in the NOW to inform
people of the laws in the Municipal Code.
Councilmember Van Cleave stated that Baldwin Park Beautiful had an awards
program on May 17th.
In response to Mayor pro tern Muse, City Clerk Gair stated that legitimate sidewalk
sales are issued a 4 day Temporary Use Permit at $115. Merchants in other areas
can have two sidewalk sales per year. The Lucky Center merchants go together and
have sales to save permit fees.
In response to Councilmember Van Cleave, City Clerk Gair suggested that there
would be no problem in allowing the merchants to have free sidewalk sales that
coincide with the residential yard sales that are scheduled four times a year. Council
agreed by unanimous consent.
CounciZmember Van Cleave criticized Code Enforcement because of complaints he
receives. He wants to stop the street vendors that they start at 4:00 p.m. daily and
people are selling in the commercial areas without a business license.
City Clerk Gair invited the Council to see the clean up which was a joint effort of Code
Entorcement and the Public Works Department at the gas station on Bresee and Los
Angeles Street. She also invited Councilmember Van Cleave to visit the Code
Enforcement Division and observe Code Enforcement at work.
00-
Mayor Lowes adjourned the regular meeting of the City Council at 8:45 p.m. in
memory of long time resident Jim Storlie, the City Clerk's cousin, and Vern knight
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.10
OF THE CITY OF BALDWIN PARK MAY21, 1997
CounCilmember Lozano's friend, to an adjourned regular meeting on May 28, 1997 at
10:00 a.m. in Room 307. There were no objections.
BETTY BZNEK, DEPUTY CITY CLERK
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