The URL can be used to link to this page

Home My WebLink About2002 06 05 CC MIN2002 06 05 CC MIN(ÌìACOUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 JUNE 5. 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 arrived at 7:02), Bill Van Cleave, Mayor Pro-Tem Marlen Garcia. and Mayor Manuel Lozano Also Present: Dayle Keller. Chief Executive Officer; Arnold Atvarez-Glasman. City Attorney; Mark Kling. Chief of Police arrived at 7:10); Jose Sanchez. Finance Director; Shafique Nayfer, Public Works Director; Rick Forintos, Community Development Director; Manny Carrillo, Recreation/Community Services Director; Maria A. Contreras, City Treasurer. Rosemary M. Ramirez, Chief Deputy City Clerk and Kathleen Sessman, Deputy City Cterk Absent/Excused: Kathryn Tizcareno, City Clerk ANNOUNCEMENTS PROCLAMATIONS, PRESENTATIONS AND COMMENDATIONS Chief Kling requested that the introduction of newly appointed Police Department employees, Officer Jennifer Chavez and Officer Eddie Avakian. be deferred to the meeting of June 19, 2002. An award was presented to Baldwin Park High School Choirs in honor and recognition of their performances and awards received in the 2001-02 Festival Competitions An award of recognition was presented to outgoing American Veteran Post Commander Victor Rodriguez for his dedicated service to the veterans of the community. PUBLIC COMMUNICATIONS Larry Ortega spoke regarding the funding granted by the Council through the CDBG process and recanted his previous apology to the City Council. All Councilmembers responded. All members have offered to assist Community Union in their search for grant funding. Mayor and City Council stated that Mr. Ortega has had many opportunities to apply to various agencies for grant funding of which Mr. Ortega has refused. Dan Trunco rebutted Mr. Ortega's comments and requested his resignation from Community Union. BIB] 37638-U01 2002-U02 06-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8901-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 06 05 CC MIN(ÌìACity Council Minutes June 5. 2002 Page 2 Mila Alba. President of the Filipino Alliance, USA Organization reminded everyone about the 1st Annual Philippine Cultural Day on Saturday, June 8th beginning at 9:30 with a motorcade procession from St. John's to Morgan Park. Festivities will continue until 7:00 p.m. Levi Richard. Baldwin Park Host Lions, inquired about the development at Big Dalton and Milbury. Mr. Richard also inquired about the lottery process held for the assignment of the fireworks sates permits, Amanda Serrato asked when the streetlight would be installed at the intersection of Baldwin Park Boulevard and Calias Street. CONSENT CALENDAR APPROVED A motion was made to approve Consent Calendar Item Nos. A-F as presented, and as follows: MOTION: Coundlmember Pacheco SECOND: Mayor Pro Tern Garda Motion Carried MINUTES 61(MO) The minutes of May 9. 2002 Special) & May 15, 2002 Study & Regular), were approved as presented. CLAIMS AND DEMANDS 3oo-3o» Further reading was waived, read by tite only and Resolution No. 2001-051 entitled, A RESOLUTION OF 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). APPROPRIATION OF FUNDS TO REPLACE AIR CONDITIONING UNIT IN DISPATCH AND TAPE ROOM AT THE POLICE DEPARTMENT 330-20) The City Council appropriated $10,000 from the General Fund to Cost Center 57 Building Improvement Fund 100.57.5703) for the construction of this project; and authorized staff to proceed with this project under an emergency purchasing provision. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE AND SOLICIT BIDS FOR THE MODIFICATION OF A TRAFFIC SIGNAL AT RAMONA BLVD. AND BADILLO ST., CIP 882 KKMO) The City Council approved the plans and specifications and authorized staff to solicit bids for the construction phase of this project. BIB] 37638-U01 2002-U02 06-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8901-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 06 05 CC MIN(ÌìACity Council Minutes June 5, 2002 Page 3 REQUEST TO PURCHASE PLAYGROUND EQUIPMENT FOR THE MORGAN PARK COMMUNITY DAYCARE CENTER AND TO WAIVE NORMAL BIDDING PROCEDURES USING THE CALIFORNIA MULTIPLE AWARD SCHEDULE CMAS) 920-30) The City Council waived format bidding procedures and authorized staff to purchase playground equipment and appropriate $33,170, $30,155 for the purchase of equipment plus 10% for contingencies) from the Park Maintenance Assessment District toaccount127.57.5745. APPROVAL OF GRANT PROGRAM FOR LEAD REMEDIATION 3^-35) The City Council approved the Lead Remediation Grant Guidelines and authorized staff to implement the program. PUBLIC HEARING PUBLIC HEARING TO CONSIDER AN APPEAL TO THE CITY COUNCIL RELATING TO THE PLANNING COMMISSION'S DECISION TO APPROVE A REQUEST FOR A CONDITIONAL USE PERMIT WHICH ALLOWS TWO 2) SINGLE FAMILY DWELLING UNITS ON A LOT WITH GREATER THAN 10,000 SO. FT. OF LOT AREA; LOCATION: 4125 CENTRAL AVENUE; APPELLANT: MARY E. DOUGHERTY; CASE NO.: CP-648) 430.20) Planning Technician Zarza presented report as follows: The purpose of this report is to consider an appeal relating to the Planning Commission's decision to approve a Conditional Use Permit CP-648). He stated that CP-648 will allow two 2) single family dwelling units on an R-1, single family residential zoned lot with greater than 10,000 square feet of lot area. Mayor Lozano declared the public hearing OPEN for public participation. OPPONENTS: Appellant Mary E. Dougherty asked Council to reconsider the Planning Commissions decision to approve Conditional Use Permit CP-648). She expressed concern with the proximity of the property line and emphasized that construction had begun prior to the approval of the conditional use permit and has continued. City Attorney Alvarez-Glasman requested that a memo dated June 4, 2002 from Mary Dougherty, along with the 15 petitions signatures in opposition, and 5 photographs received this same date, be entered into the record. PROPONENTS: Applicant My Loan Lam, 4125 Central Avenue, stated that the contractor was responsible for obtaining all necessary permits. She stated that money was given to the contractor and he started construction. She further stated that she had no knowledge that the required permits had not been obtained until she received a stop notice form BIB] 37638-U01 2002-U02 06-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8901-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 06 05 CC MIN(ÌìACity Council Minutes June 5, 2002 Page 4 the Building Inspector. Ms. Lam further stated that no construction had taken place until the City authorized the construction to continue, and then she received a letter from the City regarding the appeal and had to stop construction. There was no one etee wishing to speak, therefore Mayor Lozano declared the public hearing CLOSED. In response to an inquiry by Coundlmember Pacheco, Principal Planner Harbin stated that originally the applicant began construction without the required permits. The applicant was issued a stop work notice and advised of the requisite design review and Conditional Use Permrt requirements. At that point, the applicant complied and was subsequently approved by the Planning Commission for a Conditional Use Permit. Councilmember Gair questioned how the applicant got to the Conditional Use Permit process with no permits. Principal Planner Harbin responded stating that it is required that applicants apply for a Conditional Use Permit prior to building permits. In response to an inquiry by Coundlmember Gain City Attorney Alvarez-Gtasman stated that the City Council has the authority to modrfy the Conditional Use Permit, deny the second story and make ft a condition of the Conditional Use Permit and that no further construction take place without getting all of the proper permits from the Crty. After lengthy discussion a motion was made to CONTINUE the public hearing to July 17. 2002. and defer this matter back to staff in an effort to work with applicant on plan modifications for a single story dwelling. Staff was requested to include appellant Dougherty in the modification process. MOTION: Coundlmember Van Cleave SECOND: Coundlmember Gair Motion Carried PUBLIC HEARING TO CONSIDER AN AMENDMENT TO SECTION 153.167(T) OF THE CITY'S ZONING CODE TO INCLUDE AUTOMOBILE WASHES AS A CONDITIONAL USE WITHIN THE C-2, GENERAL COMMERCIAL ZONE; APPLICANT: VARTAN GHARPET1AN; CASE NO.: AZC-147) MMO) Applicant Vartan Gharpetian asked the Crty Council for their consideration and favorable approval of this project. 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. A motion was made to waive further reading, read by title only and introduce for first reading, Ordinance No. 1188 entitled. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AN AMENDMENT TO SECTION 153.167 OF THE CITTS ZONING CODE TO INCLUDE AUTOMOBILE WASHES AS A CONDITIONAL USE WITHIN THE C-2. GENERAL COMMERCIAL ZONE APPLICANT: VARTAN GHARPETIAN; CASE NO: AZC-147)." MOTION: Mayor Pro Tern Garda SECOND: Councilmember Gair Motion Carried BIB] 37638-U01 2002-U02 06-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8901-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 06 05 CC MIN(ÌìACrty Council Minutes June 5, 2002 Page 5 REPORTS OF OFFICERS REVIEW OF IN-HOUSE COMMITTEE ASSIGNMENTS sio^o) A motion was made to approve the status of the in-house committees as follows: Name of Committee Member Member Status Graffiti Task Force Mayor Lozano Mayor Pro Tern Garcia Freeway Task Force Counc^member Pacneco Mayor Pro Tern Garcia Meet as needed Downtown Masterplan Committee Mayor Pro Tern Garcia Councflmember Pacheco Meets regularty Economic Development Committee Committee has not met in several months. Replaced by Downtown Mastorptan Committee 2 + 2 City Council/School Board Mayor Pro Tern Garcia Councittnember Van Cteave Meets monthty Teen Center Task Force Mayor Lozano Mayor Pro Tern Garcia Meet as neededuntil opening of Teen Center June. 20031 Shopping Center Commttlee Coundbnember Pacheco Mayor Pro Tern Garcia Meets reguterty Fmance Committee Mayor Pro Tern Garoa Meet as needed Street Name Committee Councilmember Ga«' Coundlmember Pacheco Disofved Friipino American Heritage Celebration Committee Councilmember Pacheco Coundlmember Van Cleave Remamat staff and Commission level Youth Grant Committee Mayor Pro Tern Garcia Coundtmember Pacheco Meet as needed Cabto Franchise Ad-Hoc Committee MayorLozano Counciimember Pacheco Meet as needed Fireworks Committee Councamembef Pacheco Councitmember Gair Meet as needed MOTION: Coundlmember Pacheco SECOND: Coundlmember Van Cleave M/Carried FIRST READING OF ORDINANCE AMENDING CHAPTER 93. SECTION 93.53(A) OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE NEW FILING DEADLINE FOR THE SUBMISSION OF APPLICATIONS FOR FIREWORKS SALES PERMITS 6^20) Councitwoman Gair suggested establishing an alternate date for first time applicants to submit their expenditure report. There were no objections. A motion was made to waive further reading, read by title only and introduce for first reading Ordinance No. 1187 entitled. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CHAPTER 93. OF THE BALDWIN PARK MUNICIPAL CODE, SECTION 93.06. APPLICATION FOR PERMIT; INFORMATION REQUIRED), ESTABLISHING A NEW FILING DEADLINE FOR THE SUBMISSION OF APPLICATIONS FOR FIREWORK SALES PERMITS." Staff was authorized to make the recommended changes to the permit application. MOTION: Coundlmember Pacheco SECOND: Coundlmember Gair Motion Carried STATUS OF PENDING STATE BUDGET PROPOSALS 390-60) A motion was made to direct staff to send letters to representatives, receive, and file staff report. MOTION: Coundlmember Gair SECOND: Coundlmember Pacheco Motion Carried BIB] 37638-U01 2002-U02 06-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8901-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 06 05 CC MIN(ÌìACity Council Minutes June 5. 2002 Page 6 COUNCIL / STAFF REQUESTS AND COMMUNICATIONS REQUEST FROM MAYOR LOZANO FOR DISCUSSION OF SMOKE-FREE PARK DESIGNATIONS WITHIN THE CITY Staff confirmed new legislation that prohibits smoking within a 20* radius of a city playground area. Staff was directed to post signs at playground areas citywide. Mayor Pro Tern Garcia made a motion to refer this matter to staff and bring back a report that includes smoke free designations at all public owned facilities to a future council meeting date. There were no objections. REQUEST FROM MAYOR LOZANO FOR DISCUSSION REGARDING A MORATORIUM ON ICE CREAM TRUCKS Mayor Lozano expressed support of imposing a moratorium on Ice Cream Trucks. Councitwoman Gair stated that it is her belief that the previous ban on ice cream vendors was opinioned as unconstitutional and for that reason, an Ordinance was subsequently approved to allow ice cream vendors within the city. Coundlmember Pacheco expressed opposition to a ban and/or moratorium stating that an extensive pedestrian crossing awareness/education program would be more appropriate. A motion was made to refer this matter to the City Attorney and staff and bring back a report on a ban/moratorium of ice cream trucks. MOTION: Mayor Lozano SECOND: Mayor Pro Tern Garda Motion Carried NOES: Coundlmember Pacheco and Coundlmember Van Cleave REQUEST FROM MAYOR LOZANO FOR DISCUSSION REGARDING A REVIEW OF THE EFFECTIVENESS OF THE TRAFFIC SAFETY COMMITTEE Mayor Pro Tern Garda requested that the pedestrian crossing awareness education matter be placed on the next 2+2 agenda. Coundlwoman Gair spoke about a loud noise inddent in her neighborhood. Chief Kling briefed Council on the proposed plan of action which includes issuing 1st and 2nd response notices and the 2nd police response will be billed to the owner/tenant of the property for full cost recovery of the service call. Program will take effect July 1,2002. Mayor Lozano requested that an article about this enforcement be placed in the NOW. Coundlmember Gair suggested changing the agenda format that would include eliminating the study session meetings and including all dosed session matters at the end of the regular meetings. She also requested a change in the presentation portion of the agenda. BIB] 37638-U01 2002-U02 06-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8901-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 06 05 CC MIN(ÌìACity Council Minutes June 5, 2002 Page 7 Director Sanchez informed Council of upcoming budget workshops noting that staff would be contacting them to schedule those dates. Director Sanchez also reported on the upcoming Park Assessment community meeting to be held Saturday, June 15, 2002, at 10:00 a.m., at the Esther Snyder Community Center. ADJOURNMENT There being no further matters for discussion, the meeting was adjourned at 9:30 p.m. Approved by the Council at their adjourned meeting held July 2, 2002. Chief Deputy City Cterk BIB] 37638-U01 2002-U02 06-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8901-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06