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HomeMy WebLinkAbout2002 04 17 CC MIN2002 04 17 CC MIN(Ì윶COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK. CA 91706 APRIL 17, 2002 WEDNESDAY 7:00 P.M. The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and place. ROLL CALL Present: Councilmembers: Linda Gair. Ricardo Pacheco, Bill Van Cleave, Mayor Pro-Tern Marlen Garcia, and Mayor Manuel Lozano Absent/Excused: Councilmember Pacheco arrived at 7:37 p.m. Also Present Dayle Kelter, Chief Executive Officer; Arnold Atvarez-Glasman. City Attorney; Mark Kling, Chief of Police; Jose Sanchez, Finance Director; Shafique Nayier, Public Works Director; Rick Forintos. Community Development Director; Manny Carrillo, Recreation/Community Services Director, Maria A. Contreras, City Treasurer; Kathryn Tizcareno, City Clerk; and Kathleen Sessman. Deputy City Clerk Absent/Excused: Rosemary M. Ramirez, Chief Deputy City Clerk ANNOUNCEMENTS Mayor Lozano announced that today is the 54th anniversary of the founding of Israel and expressed his hope that there is a common goal and a solution to bring peace between the Palestinians and Israelites. He expressed concern over the number of people being hurt by ttie events taking place in the Middle East, including the American soldiers fighting in support of Democracy. Councilmember Gair dosed the meeting in memory of the four service men that were killed this week in the ammunition blowout. PROCLAMATIONS, PRESENTATIONS AND COMMENDATIONS Oath of Office and Certificate of Appointment was presented to newly appointed Housing Commissioner Hortencia B. Reyes. A proclamation was presented to Kathryn V. Tizcareno proclaiming April- May 4. 2002. as City Clerk's Week." A Certificate of Achievement was presented to Daniel Rivas. in recognition of earning the Boy Scouts of America Eagle Scout" rank. BIB] 37638-U01 2002-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8914-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 04 17 CC MIN(Ì윶City Council Minutes-April 17. 2002 Page 2 PUBLIC COMMUNICATIONS Al Contreras spoke in reference to an article written by Karen Rubin regarding Fireworks being a cash cow" of funds for non-profit organizations. He stated that the sale of fireworks is profitable because of the individuals who volunteer their time and energy. Mr Contreras invited residents to choose an organization, volunteer their time and help improve the community. Al Contreras announced that he would be representing the City of Baldwin Park in Totollan this coming week at the International Sister Cities Annual Convention. Rosali Vasquez, representative of Baldwin Park Youth Soccer League, thanked the City Council for the newty installed lights at Bames Park and expressed a special thanks to Director Carrillo for his hard work and dedication. Michael Santana, resident, expressed his pride in youth programs and improvements in the City of Baldwin Park. He spoke in support of Beatrice Ortiz. Youth Coordinator and expressed his distress in seeing her tet go. Dan Trunco, resident, expressed his displeasure with the decision to lay-off Beatrice Ortiz. He stated that she is a hard working, dedicated individual and the parents like and trust her. Coundlmember Gair thanked staff for the tetters of opposition to SB 1506 and for the appropriation of funds to the FoothiH Transit. She expressed her appreciation regarding the work staff has done in representing the City Council in this way. CONSENT CALENDAR APPROVED A motion was made to approve Consent Calendar Item Nos. A-F as presented, and as follows: MOTION: Coundlmember Gair SECOND: Mayor Pro Tern Garcia Motion Carried MINUTES 6i(MO) The minutes of March 27. 2002 Study) and April 3, 2002 Stu^y & Regular), were approved as presented. CLAIMS AND DEMANDS 30) Further reading was waived, read by titie only and Resolution No. 2001-039 entitled, A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK" was adopted. Councilman Bill Van Cleave abstained on all warrants to Mr. Bills Hardware financial conflict of interest). BIB] 37638-U01 2002-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8914-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 04 17 CC MIN(Ì윶City Council Minutes-April 17, 2002 Page 3 TREASURER'S REPORT FOR THE MONTH OF MARCH 2002 32o-2o» Report was received and filed. OPPOSITION TO SB 1506 ROMERO) AND THE BUDGET PROPOSAL BY SENATOR STEVE PEACE BOTH REGARDING THE WITHHOLDING OF VEHICLE LICENSE FEE FUNDS w-40) The City Council authorized staff to send tetters of opposition to SB 1506 Romero) an<Tthe budget proposal by Senator Steve Peace. APPROPRIATION OF FUNDS TO PROVIDE FINANCIAL SUPPORT TO FOOTHILL TRANSIT FOR THE AMICUS BRIEF SUPPORTING METROPOLITAN TRANSPORTATION AUTHORITY'S MTA'S) REQUEST FOR U.S. SUPREME COURT REVIEW OF THE CONSENT DECREE t33o.2o> The City Council authorized staff to appropriate $2.500 in Proposition A funds to support Foothill Transit's filing of an Amicus Brief with the United States Supreme Court supporting Metropolitan Transportation Authorit/s MTA's) request to review the current Consent Decree for Bus Operations. CLAIM REJECTION RUBEN L. ACOSTA 01 009A) WTO) The Cfty Council rejected the claim of Ruben L. Acosta 01 009A) and directed staff to send the appropriate notice of rejection to claimant. PUBLIC HEARING PUBLIC HEARING TO CONSIDER NEEDS AND PROPOSED USE OF CDBG AND HOME FUNDS FOR FY 2002-2003 480-») Mayor Lozano declared the public hearing OPEN for public participation. The following individuals spoke on behalf of their organizations, respectively, Lany Ortega, President & CEO for Community Union; Jack Kennedy. Executive Director of Senior Services for Santa Anita Family Service; Pastor Elmer Jackson, CEO of CEH Recovery Services; and Lorraine Garcia, Assistive Technology Coordinator for Service Center for Independent Living, Inc. regarding CDBG and HOME programs and the use of funds for FY 2002-03. There was no one else wishing to speak, therefore Mayor Lozano declared the public hearing CLOSED. A motion was made approve the $279.315 of the Public Service Grant Request Budget. MOTION: Councilmember Gair SECOND: Councilmember Pacheco Motion Carried A motion was made to accept the proposed budget as presented. MOTION: Councilmember Gair SECOND: Mayor Pro Tern Garcia Motion Carried BIB] 37638-U01 2002-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8914-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 04 17 CC MIN(Ì윶City Council Minutes-April 17. 2002 Page 4 PUBLIC HEARING TO CONSIDER AN ORDINANCE RELATING TO THE REGULATION OF TEMPORARY CANOPY STRUCTURES APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC-146) Mayor Lozano declared the public hearing OPEN for public participation. There was no one wishing to speak, therefore Mayor Lozano declared the public hearing CLOSED. Councilmember Van Cteave suggested that the ordinance include a stipulation allowing residents to temporarily install canopies in yards under special circumstances. There were no objections. The City Attorney Alvarez-Glasman recommended the verbiage for the requested stipulation be as follows: To permit the temporary placement of canopies not to exceed 5-days. no more than 1 one) time per year per property. After lengthy discussion a motion was made to waive further reading, read by titte only and introduce for first reading Ordinance No. 1186 entitled. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AN AMENDMENT TO CHAPTER 153 OF THE MUNICIPAL CODE ADDING SECTION 153.040 RELATING TO THE REGULATION OF CANOPY STRUCTURES. WHICH WILL INCLUDE BUT ARE NOT LIMITED TO ADDING DEFINITIONS PERTAINING TO TEMPORARY CANOPIES. LOCATION CRITERIA. DESIGN STANDARDS. REGULATIONS, AMORTIZATION PERIODS FOR EXISTING CANOPIES AND APPLICATION PROCEDURES AND REQUIREMENTS FOR THE PLACEMENT OF TEMPORARY CANOPIES Applicant: City of Baldwin Park; Case No.: AZC-146)." MOTION: Councilmember Van Cleave SECOND: Mayor Pro Tern Garcia Motion Carried REPORTS OF OFFICERS STATUS REPORT ON THE PROGRESS OF THE FIREWORKS AD-HOC COMMITTEE Carry over from 4/3) 640-20) Assistant to the Chief Executive Officer Bouton presented the report as follows: The purpose of this report is to update the City Council on the progress of the Fireworks Committee and to discuss policies for the distribution of fireworks booth permits. The current deadline for applications for fireworks permits to be fited is May 1. 2002. She stated that staff will continue to accept applications from the established organizations unless the City council approves a new method at their meeting. Furthermore the Ordinance allowing for changes in the application process will not go into effect until April 27, 2002, which leaves limited time available to implement a new program, inform organizations and allow them time to gather the necessary data for an application. Councilmember Pacheco requested that the lottery process be implemented immediately. Councilmember Gair pointed out that the 14 existing booth organizations had contracted for fireworks at the conclusion of fireworks sale last year, they have paid for insurance certificates, fireworks license, and several other fees. Councilmember Gair stated that rt is for BIB] 37638-U01 2002-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8914-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 04 17 CC MIN(Ì윶City Council Minutes-April 17, 2002 Page 5 this reason that the existing booth organizations have requested that the new process begin in August, 2002, this would prevent the loss of this years fees. A motion was made to authorize staff to proceed with the current application process for this July Fourth and direct staff to finalize a new process with City Council input no later than mid- July for implementation beginning August 1, 2002. MOTION: Councilmember Gair SECOND: Coundlmember Van Cleave Motion Failed NOES: Councilmember Pacheco, Mayor Pro Tern Garcia and Mayor Lozano After lengthy discussion, a motion was made to approve a new method for issuing fireworks permits and direct staff to inform all organizations about the process, develop guidelines for the applications, issue applications, and review applications to determine the qualifications of applying organizations. MOTION: Mayor Pro Tern Garcia SECOND: Councilmember Pacheco Motion Carried NOES: Coundlmembers Van Cteave and Gair Staff was directed to advertise the lottery regarding the fireworks permits in the newspaper, the NOW", fliers and postings. The City Attorney suggested that staff pull up business licenses and that any organization in the City with a non-profit status be contacted. That way the City communicates to all those organizations, service groups, patriotic groups, and current permit holders so that no one is excluded from the process. Director Sanchez suggested a need to extend the May 1. 2002 deadline. City Attorney responded to inquiry stating that deadline could not be extended. Councilmember Gair formally resigned from fireworks committee, due to the fact that the work effort that was put into it was a total waste of time. Resignation was later refracted. APPROVAL OF AN APPROPRIATION OF AB 1693 FOR SPECIFIC PROGRAMS PROVIDED BY THE BALDWIN PARK CHAMBER OF COMMERCE 20) Cany over from 3/27) Related Item Study Session Agenda. Item 2-A» Assistant to Chief Executive Officer Bouton presented the report as follows: This report requests that the City Council approve the appropriation of AB 1693 funds for resource and green team services provided by the Baldwin Park Chamber of Commerce. Rita Gallegos, President of the Chamber of Commerce presented a brief overview of the services offered by the Chamber of Commerce. She stated that the Chamber will act as an information and resource center to daily callers regarding city information, licenses, business development, relocation information, city events, meetings and different inquiries that pertain to Baldwin Park and the San Gabriel Valtey. Ms. Galtegos stated that the Chamber represents an efficient, cost effective, public relations arm for the City. She stated that the proposal was submitted to the City Council back in November and that the Chamber is already fulfilling some aspects of the proposed Agreement without funding. Coundlmember Gair stated that Chamber provides a valuable tool and pointed out that the PBID will never be done if the City does not have a good relationship with the business community. She feels that they need and deserve funding and would like to see them BIB] 37638-U01 2002-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8914-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 04 17 CC MIN(Ì윶City Council Minutes-April 17, 2002 Page 6 receive it post haste. Councilmember Pacheco agreed that the PBID is an essential aspect of developing the downtown area. but he would like to see it done during the budget deliberation when all projects are being reviewed. Councilmember Gair feels that this s a back payment, money owed. Mayor Lozano. Mayor Pro Tern Garcia and Councilmember Pacheco expressed their concern with the lack of support they received from the Chamber regarding City projects and development. Patricia Mayorga, Chamber of Commerce Secretary, stated that the Chamber is representative of its members and that is why it is so important that the Chamber be independent of the City. Ms. Mayorga stated that the Chamber is not asking the City to fund them. She stated that the Chamber is presenting projects to the City that they might be interested in, it is a contract of services. She further stated that rt is up to the City whether or not these contracts of services are accepted. She stated that the Chamber and the City will not always agree upon the best route to take. but they are two entities working for the betterment of this community. She suggested that the proposed items be viewed for their merit. Councilmember Gair stated that she believes in the neutrality of the Chamber and that both organizations need to start over on a dean slate. She suggested looking at proposed items from the perspective of contracting services, not of funding. She further suggested that if the City votes no, she strongly encouraged the Chamber to cease its assistance and when calls come in send them to the City Manager and see what kind effect that has. After lengthy discussion, a motion was made to defer this matter to be included in the budget deliberations for the FY 2002-03 budget. MOTION: Councilmember Pacheco SECOND: Mayor Lozano Motion Failed NOES: Coundlmembers Van Cleave, Gair and Mayor Pro Tern Garcia A motion was made to approve the appropriation of $6,700 in AB 1693 funds for resource and green team services provided by the Baldwin Park Chamber of Commerce for the remainder of FY 2001-02 and direct staff to include funding for both programs in the FY 2002- 03 budget. MOTION: Councilmember Gair SECOND: Councilmember Van Cleave Motion Carried NOES: Councilmember Pacheco and Mayor Lozano APPROVAL OF CONSULTANT AGREEMENT FOR THE DOWNTOWN MASTER PLAN WITH DOWNTOWN MAIN STREET VISIONS Carry ovr from 4/3) 4W-so) Councilmember Gair requested that a timeline be incorporated to ensure that project is completed within the agreed upon time. Mr. Cano stated that he is agreeable to such an arrangement provided that the meetings involving City organizations and staff be scheduled and maintained. He specified that if these meeting dates were postponed to later dates, the desired completion date would be adversely affected. BIB] 37638-U01 2002-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8914-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 04 17 CC MIN(Ì윶City Council Minutes-April 17, 2002 Page 7 Coundlmember Gair requested that staff work with Mr. Cano to create a timeline/schedute to ensure that the Master Plan be completed within the four and a half months specified in the Agreement. A motion was made to approve a consultant Agreement with the Downtown Main Street Visions in an amount not to exceed $89,500 for the Downtown Master Plan and authorize the Chief Executive Officer to execute the Agreement. The Agreement was amended to include a timeline with a four and a half 4%) month scheduled date of completion. Coundlmember Gair voted yes with the understanding that a timeline be created and implemented into the Agreement to ensure completion of the project in the agreed upon four and a half months. MOTION: Mayor Pro Tern Garcia SECOND: Coundlmember Pacheco Motion Carried NOES: Coundlmember Van Cleave APPROPRIATION OF FUNDS FOR 3^ FLOOR IMPROVEMENTS AT CITY HALL 330-20) Carry over from 3^7} Rotetod Horn Study S^«ion Agenda. Kfn2-B) A motion was made to appropriate $14,000 from the General fund to Cost Center 57 Building Improvement Fund 100.57.5703) for the construction and remodeling on the third floor. MOTION: Coundlmember Gair SECOND: Coundlmember Van Cleave Motion Carried COUNCIL / STAFF REQUESTS AND COMMUNICATIONS Mayor Pro Tern Garcia discussed the problem of graffiti on trucks. She requested staff develop an Ordinance that would resolve this problem. City Treasurer Contreras announced that she would be attending a conference in Monterey, May 1.2002. Coundlmember Gair reported on the recently attended ICRMA Meeting. ADJOURNMENT There being no further matters for discussion; the meeting was adjourned at 9:10 p.m., in memory of the four service men that were killed this week in the ammunition blowout. Approved by the Council at their meeting held May 1, 2002. / J^^AAjL_W^w^^. Kaftileen R. sessman Deputy City Clerk BIB] 37638-U01 2002-U02 04-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8914-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06