HomeMy WebLinkAbout2002 06 17 CC MIN2002 06 17 CC MIN Ï8f½8f “ À,COUNCIL CHAMBER
14403 E. PACIFIC AVENUE
BALDWIN PARK, CA91706
JUNE 19. 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
Also Present: Dayle Kefler. Chief Executive Officer; Arnold Alvarez-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; Rosemary M. Ramirez, Chief Deputy City Clerk and
Kathleen Sessman, Deputy City Clerk
ANNOUNCEMENTS
Mayor Lozano announced that Pastor Jim's last day as Pastor with St. John's parish is
Sunday, June 23, 2002. Mayor Lozano, all the City Council and the City Treasurer
thanked Fr. Jim for his hard work and dedication to the citizens of Baldwin Park.
Councilmember Van Cleave reported on a meeting he had with Arman Gabay of the
Charles Company regarding the proposed development on Francisquito and Tracy. He
expressed support of the project and requested that this matter be placed on the next
agenda for Agency action. There were no objections.
Mayor Pro Tern Garcia invited the public to attend the Police Department Bike Rodeo,
Saturday June 22. from 9-1. Chief Kling announced that this year's event will include
pedestrian safety information. There will be many giveaways, including bicycle helmets.
Mayor Pro Tern Garcia announced the City's concert in the park series noting that the
first concert will be on Thursday. June 27 and features the band Cold Duck".
PROCLAMATIONS, PRESENTATIONS AND COMMENDATIONS
A proclamation proclaiming June, 2002, as Home Ownership Month" was prepared and
presented to Director Forintos.
Director Sanchez requested that the introduction of newly appointed Finance
Department employee, Senior Accountant Lorena Vilano be deferred to the meeting of
July 2. 2002.
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2002 06 17 CC MIN Ï8f½8f “ À,City Council Minutes June 19, 2002 Page 2
Chief Kling introduced newly appointed Police Department employees, Officer Jennifer
Chavez and Officer Eddie Avakian, Carried over from June 6, 2002)
PUBLIC COMMUNICATIONS
Roy Test, Baldwin Park resident commended the City Council on their action regarding
noise enforcement.
Mr. Test expressed his opposition to the proposed ban of ice cream vendors.
Mr. Test requested Council consideration and approval for the purchase of a new PA
system for use at the senior center.
Mr. Test informed Council that the signalization at the Cesar Chavez and Ramona
Boulevard intersection was corrected temporarily however, he recently again began to
experience a 4+ minute wait for the light to change.
Mr. Roy Peale inquired about the zoning of the proposed new carwash on Sterling Way.
He also asked when the carwash would open for business.
The following persons spoke in support of the Mid-San Gabriel Valley Consortium: Paul
Gallegos. Beto Blancarte, Baldwin Park resident; Inaudible), Baldwin Park resident
and employee; Ricardo Padilla, Baldwin Park resident; Rocky Sanchez, resident of S. El
Monte; Claudia Martinez, Baldwin Park resident; Linda Enriquez. Baldwin Park resident;
Mariana Chacon, Baldwin Park resident; Raul Pardo, S. El Monte Councilmember and
MSGVC Board Member; and Rachel Estrada.
v
Jose Corona, 14234 Ohio Street spoke regarding speeding on Ohio Street, commercial
truck parking; and garage conversions-
Councilmember Pacheco thanked those present who spoke regarding the Mid-San
Gabriel Valley Consortium.
CONSENT CALENDAR APPROVED
Councilmember Gair requested that the following item be removed from the Consent
Calendar for discussion:
1) Item 1 G APPROVAL OF USER AGENCY AGREEMENT WORKFORCE
INVESTMENT ACT
Mayor Pro Tern Garcia requested that the following item be removed from the Consent
Calendar for discussion:
1) Item 1-F APPROVAL OF BASEBALL IMPROVEMENTS AT AMERICAN.
NATIONAL LITTLE LEAGUE AND PONY BASEBALL ORGANIZATION
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2002 06 17 CC MIN Ï8f½8f “ À,City Council Minutes June 19, 2002 Page 3
2) Item 1-H APPROVAL OF PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO ADVERTISE AND SOLICIT BIDS FOR THE TEEN
CENTER AND SKATE PARK. CIP 829
A motion was made approve Consent Calendar Item Nos. A-R with the exception of
Hems F, G and H)as presented, and as follows:
MOTION: Councilmember Gair SECOND: Councilmember Garcia Motion Carried
MINUTES 610-40)
The minutes of June 5, 2002 Study), were approved as presented.
CLAIMS AND DEMANDS 300 30)
Further reading was waived, read by title only and Resolution No. 2002-055 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).
TREASURER'S REPORT FOR THE MONTH OF MAY, 2002 320 20)
Report was received and filed-
CLAIM REJECTION DANIEL J. MONTANEZ 01 012A) AND ANTHONY
GUERRERO 01 005A) 170-70)
The City Council rejected the claims of Lydia Gonzalez for Daniel J. Montanez, a minor
01 012A); and Anthony Guerrero 01 005A). Staff was directed to send the appropriate
notice of rejection to claimants.
ORDINANCE AMENDING 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 GHARPETIAN; CASE NO.:
AZC-147 440-40)
Further reading was waived, read by title only and 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 CITY'S ZONING
CODE TO INCLUDE AUTOMOBILE WASHES AS A CONDITIONAL USE WITHIN THE
C-2, GENERAL COMMERCIAL ZONE APPLICANT: VARTAN GHARPETIAN; CASE
NO: AZC-147)," was adopted on second reading.
APPROVAL OF CONTRACT EXTENSION WEST COAST ARBORISTS 600 30)
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2002 06 17 CC MIN Ï8f½8f “ À,City Council Minutes June 19, 2002 Page 4
The City Council extended the terms of the existing contract with West Coast Arborist to
June 30, 2003. The new rate adjustments based on the CPI were approved and the
Mayor was authorized to execute the Agreement.
AWARD OF CONTRACT FOR THE CONSTRUCTION OF FY 2001-02 ISTEA
STREET IMPROVEMENT, CIP 801 600-40)
The City Council awarded the contract to Gentry Brothers, Inc., in the amount of
$291,919 for the construction of FY 2001-02 ISTEA Street Improvement, CIP 801. The
Mayor was authorized to execute the Agreement. Staff was authorized to carry over this
project to FY 2002-03. Director of Public Works was authorized to execute any
necessary change orders during construction in an amount not to exceed fifteen percent
15%) or the original contract amount.
REQUEST FUNDS FOR ADDITIONAL WORK TO THE COMMUNITY CENTER
SWIMMING POOL RENOVATIONS, CIP 750 330-20)
The City Council appropriated $9,700 from Proposition 12 funds 127.57.5703.903) for
the additional work to the Community Center swimming pool and authorized funds to be
carried over to the 2002-03 fiscal year.
AWARD OF CONTRACT FOR JANITORIAL SUPPLIES 600 30)
The City Council awarded the contract to Waxie Sanitary Supply in the amount of
$47,894.36 forjanitorial supplies. The Mayor was authorized to execute the Agreement.
RESOLUTION AUTHORIZING LITIGATION CHALLENGING THE TRASH TOTAL
MAXIMUM DAILY LOAD TMDL) FOR THE LOS ANGELES RIVER AND APPROVE
A RETAINER AGREEMENT WITH RUTAN AND TUCKER FOR LEGAL
REPRESENTATION SERVICES 600-30)
Further reading was waived, read by title only and Resolution No, 2002-059 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
AUTHORIZING THE FILING OF A LAWSUIT IN STATE COURT AGAINST THE
LARWQCB AND THE SWRCB AND A LAWSUIT IN FEDERAL COURT AGAINST THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY EPA) CHALLENGING
THE TRASH TOTAL MAXIMUM DAILY LOADS FOR THE LOS ANGELES RIVER."
was adopted. The Director of Public Works was authorized to sign the letter received
from Rutan and Tucker, LLP to represent the City of Baldwin Park as a part of the
Coalition for Practical Regulation CPR) to pursue litigation and other legal actions to
challenge the current NODES and Tad's permits.
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK
AND THE BALDWIN PARK UNIFIED SCHOOL DISTRICT FOR USE OF THE CITY'S
POLICE DEPARTMENT RANGE FACILITY 600-60)
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2002 06 17 CC MIN Ï8f½8f “ À,City Council Minutes-June 19, 2002 Page 5
The City Council approved the Memorandum of Understanding between the City of
Baldwin Park and the Baldwin Park Unified School District for use of the City of Baldwin
Park Police Department range facility. The Chief Executive Officer was authorized to
execute the Agreement.
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK
AND THE CITY OF IRWINDALE FOR USE OF THE BALDWIN PARK POLICE
DEPARTMENT RANGE FACILITY 600 60)
The City Council approved the Memorandum of Understanding between the City of
Baldwin Park and the City of Irwindale for use of the Baldwin Park Police Department
range facility. The Chief Executive Officer was authorized to execute the Agreement.
ORDINANCE AMENDING CHAPTER 93. SECTION 93.53(A) OF THE BALDWIN
PARK MUNICIPAL CODE ESTABLISHING A NEW FILING DEADLINE FOR THE
SUBMISSION OF APPLICATIONS FOR FIREWORKS SALES PERMITS 640-20)
Further reading was waived, read by title only and 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," was adopted on second reading.
AUTHORIZATION TO ADVERTISE AND SOLICIT PROPOSALS FOR THE
PURCHASE OF FIVE 5) FIXED-ROUTE TRANSIT BUSES 850-20)
The City Council authorized staff to advertise and solicit proposals for the purchase of
five 5) transit vehicles for the fixed-route service.
RESOLUTION AMENDING THE SALARY RANGES FOR CONFIDENTIAL
EMPLOYEE GROUP; PROFESSIONAL AND TECHNICAL EMPLOYEES'
ASSOCIATION; S.E.I.U LOCAL 347 CLERICAL AND MAINTENANCE EMPLOYEE
GROUPS; MANAGEMENT EMPLOYEE GROUP; POLICE OFFICERS'
ASSOCIATION SWORN AND NON-SWORN UNITS; AND POLICE MANAGEMENT
ASSOCIATION 70020)
Further reading was waived, read by title only and Resolution 2002-052 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
AMENDING RESOLUTION 2001-115 A BASIC SALARY PLAN FOR THE
EMPLOYEES OF THE CITY OF BALDWIN PARK Confidential Employee Group,
Professional and Technical Employees' Association, S.E.I.U Local 347 Clerical and
Maintenance Employee Groups; Management Employee Group, Police Officers'
Association Sworn and Non-Sworn Units; and Police Management Association)," was
adopted.
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2002 06 17 CC MIN Ï8f½8f “ À,City Council Minutes June 19, 2002 Page 6
CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION
APPROVAL OF BASEBALL IMPROVEMENTS AT AMERICAN, NATIONAL LITTLE
LEAGUE AND PONY BASEBALL ORGANIZATION 920-70)
Mayor Pro Tern Garcia stated that the City is moving forward with the funding for the
improvements of the little league fields in the City of Baldwin Park. She thanked staff for
their work and dedication.
A motion was made to approve the proposed improvements and appropriate $313,500
from the special Youth Related Services Reserve account in the General Fund, to
account100.53.5020.
MOTION: Mayor Pro Tern Garcia SECOND: Councilmember Gair Carried
APPROVAL OF USER AGENCY AGREEMENT WORKFORCE INVESTMENT ACT
600-60)
Councilmember Gair requested that this matter be held over until after discussion of
related item on this agenda.
A motion was made to approve a User Agency Agreement with Mid San Gabriel Valley
Consortium and authorized the Mayor to execute the necessary documents.
MOTION: Councilmember Gair SECOND: Councilmember Van Cleave Carried
APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE AND SOLICIT BIDS FOR THE TEEN CENTER AND SKATE PARK, CIP
829 600-40)
Mayor Pro Tern Garcia stated that the City is moving forward with the construction of
the Teen Center and Skate Park. She further stated that this project will be a great
benefit to the teens in the community.
Councilmember Pacheco thanked staff for their hard work and for expediting this
project.
A motion was made approve the plans and specifications and authorize staff to solicit
bids for the construction phase.
MOTION: Mayor Pro Tern Garcia SECOND: Councilmember Gair Carried
PUBLIC HEARING
PUBLIC HEARING TO CONDUCT ELECTION AND RECEIVE BALLOTS FOR THE
CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2002-03
360-30)
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2002 06 17 CC MIN Ï8f½8f “ À,City Council Minutes June 19, 2002 Page 7
Director Sanchez presented the report as follows: This report requests that the City
Council hold a public hearing and take public input for the property owners' election to
increase the Park Maintenance Assessment District rate.
As a result of Proposition 218, residents of Baldwin Park approved the formation of the
Citywide Park Maintenance Assessment District in 1997. An increase to the assessment
rate, established in 1997, requires property owners' approval,
On May 1, 2002, the City Council approved the Engineer's Report and set a date for a
public hearing for this same date, for the election by property owners to approve or is
approve a rate increase.
The following is a list reports and materials leading up to this public hearing:
1) Report dated May 2. 2002. notice to property owners and ballot for rate increase; 2)
Report and Resolution dated May 1. 2002, to create a Park Maintenance Assessment
District Overlay; and 3) Report dated May 1, 2002, Assessment Engineers Report
establishing the proposed rate.
It is requested that City Council open the public hearing and take public input. The
election will be deemed conducted by officially receiving the ballots and declaring the
time closed in which to receive ballots.
The ballots will be counted the following day by City staff, the Assessment Engineer,
and City Clerk staff by using an electronic bar code process provided by the
Assessment Engineering firm. All ballots returned will be accounted for by using the bar
code and results of the election will be tabulated electronically.
The results of the ballots will be presented to the City Council at the July 3, 2002,
meeting for approval and ratification.
Mayor Lozano declared the public hearing OPEN for public participation.
OPPONENTS
The following persons spoke in opposition to the Citywide Park Maintenance
Assessment District fee increases: Ms. Leora Richards; Graciela Quinones; Sebastian
Castaneda, and Lev! Richards.
There was no one else wishing to speak, therefore Mayor Lozano declared the public
hearing CLOSED.
City Attorney reaffirmed the comments of Councilmember Gair stating that this election
process was provided to the voters by the City Council. The voters will determine if
whether or not an increase to the assessment is approved.
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2002 06 17 CC MIN Ï8f½8f “ À,City Council Minutes June 19, 2002 Page 8
By Council consensus, the election was conducted and the time for receiving ballots
was closed.
REPORTS OF OFFICERS
INTRODUCTION OF ORDINANCE AMENDING TITLE XIII OF THE BALDWIN PARK
MUNICIPAL CODE REPEALING SECTIONS 130.70 SATURDAY NIGHT SPECIALS-
SALE PROHIBITED) AND 130.71 SALE OF AMMUNITION CLIPS AND SIMILAR
DEVICES PROHIBITED) 580 70)
A motion was made to waive further reading, read by title only and introduce for first
reading, Ordinance No. 1189 entitled, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK AMENDING TITLE XIII GENERAL OFFENSES) OF
THE BALDWIN PARK MUNICIPAL CODE BY REPEALING SECTION 130.70
SATURDAY NIGHT SPECIALS-SALE PROHIBITED) WHICH PROHIBITS THE SALE
OF CERTAIN FIREARMS AND THE REPEAL OF SECTION 130.71 SALE OF
AMMUNITION CLIPS AND SIMILAR DEVICES PROHIBITED) WHICH PROHIBITS
THE SALE OF CERTAIN FIREARM DEVICES/-
MOTION: CouncilmemberVan Cleave SECOND: Councilmember Gair Carried
MULTI-FAMILY RESIDENTIAL MORATORIUM UPDATE 440.40)
At the request of Mayor Lozano, this matter was tabled to July 17, 2002. There were no
objections.
INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 74, OF THE BALDWIN
PARK MUNICIPAL CODE ESTABLISHING A PARKING SCHEDULE FOR TWO-
HOUR STREET PARKING LOZANO DRIVE, PACHECO DRIVE. AND COURT DE LA
GAIR) 820-95)
A motion was made to waive further reading, read by title only and introduce for first
reading, Ordinance No. 1191 entitled, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK AMENDING CHAPTER 74 OF THE BALDWIN PARK
MUNICIPAL CODE ESTABLISHING A PARKING SCHEDULE FOR TWO-HOUR
STREET PARKING."
MOTION: Councilmember Gair SECOND: Councilmember Van Cleave Carried
COUNCIL / STAFF REQUESTS AND COMMUNICATIONS
REQUEST BY MAYOR PRO TEM GARCIA AND COUNCILMEMBER GAIR FOR
DISCUSSION OF THE MID-SAN GABRIEL VALLEY CONSORTIUM
After lengthy debate and comments by each Councilmember, a motion was made to
request an outside audit and investigation of the Mid-San Gabriel Valley Consortium.
City Attorney was requested to review the city's Agreement with the Agency. Staff was
directed to provide an update at the Council meeting being held July 2, 2002.
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2002 06 17 CC MIN Ï8f½8f “ À,City Council Minutes June 19, 2002 Page 9
Councilmember Pacheco excused himself from dais and left the meeting at 9:50 P.M.
REQUEST BY COUNCILMEMBER GAIR FOR DISCUSSION AND CONSIDERATION
REGARDING CHANGING THE DATE OF THE JULY 3. 2002, CITY COUNCIL
MEETING TO TUESDAY, JULY 2, 2002
By Council consensus, the meeting of July 3, 2002 was changed to Tuesday, July 2,
2002.
REQUEST BY COUNCILMEMBER PACHECO FOR DISCUSSION OF:
1) FORMATION OF A FORMAL TRAFFIC COMMITTEE TO RESPOND TO
RESIDENT TRAFFIC RELATED CONCERNS;
2) ADDRESSING ICE CREAM TRUCK SAFETY REGULATIONS;
3) ICE CREAM TRUCK SAFE STOP LOCATIONS;
4) MID-SAN GABRIEL VALLEY CONSORTIUM OUTREACH PROGRAM
UPDATE; AND
5) THE CITY OF BALDWIN PARK RECOGNIZING MATRICULATION
CONSULAR CARDS ID'S ISSUED BY MEXICAN CONSULATE)
Councilmember Pacheco was not present therefore, these matters were not discussed.
Councilmember Gair reminded the Council of their shared goal of not leaving a Council
meeting angry at one another.
Mayor Pro Tern Garcia expressed disappointment with Councilmember Pacheco for his
abrupt exit from the meeting.
ADJOURNMENT
There being no further matters for discussion, the meeting was adjourned at 9:55 p.m..
to Wednesday, June 26. 2002. at 6:30 p.m.. in Room 307.
Approved by the Council at their meeting held August 7, 2002.
Rosemary M.RaRiiF^z, CMC
Chief Deputy City Clerk
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