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HomeMy WebLinkAbout2002 07 17 CC MIN2002 07 17 CC MIN(ÌìCOUNCIL CHAMBER JULY 17, 2002 14403 E. PACIFIC AVENUE WEDNESDAY BALDWIN PARK, CA 91706 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 Garda, and Mayor Manuel Lozano Also Present: Dayle Keller, Chief Executive Officer; Arnold Alvarez-Glasman, City Attorney; Mark Kling, Chief of Police; Jose Sanchez, Finance Director; Arjan Idnani, Engineering Manager; 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 asked that this meeting be adjourned in memory of Mr. Joseph Jay" Escalera and Guilermo Avila. Councilmember Gair thanked the City Council and staff for the bouquet of the roses presented to her at the recent ICA conference in Rancho Bemardo. The presentation was made in recognition of Councilmember Gair^s last year as a member of the ICA Board. Mayor Pro Tem Garda acknowledged audience members Carios Leon of Senator Gloria Romero's office and Bonnie Jiminez of Assemblyman Ed Chavez's office. Margarita Vargas requested that a hotline phone number be implemented for the public's use in reporting illegal street vendors. Comment made during CRA Spontaneous Communication portion of the meeting] PROCLAMATIONS, PRESENTATIONS AND COMMENDATIONS Chief Executive Office Keller introduced newly appointed Housing Director Dolores Gonzatez-Hayes Chief Executive Office Keller introduced newly appointed Personnel Department Employee, Administrative Clerk Michelle Cardona. Chief Kling introduced newly appointed Police Department employee. Officer Rich Harper. BIB] 37638-U01 2002-U02 07-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8888-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 07 17 CC MIN(ÌìCity Council Minutes July 17, 2002 Page 2 Oaths of Office and Certificates of Appointment were presented to newly reappointed and/or appointed Personnel Commissioners Mario S. Ventura, Manny Dubs and David Chow; and to Recreation and Community Services Commissioner Ana Lujan. Commissioners Martha Reyes. Irma Tarango, Adriana Banuelos, Cassandra Ortega and Daniel Alvarez were not present. Certificates of Appreciation were presented to outgoing Personnel Commissioner Efren Rivera and outgoing Recreation and Community Services Commissioner Lisa Fen Chen for their service to the commissions, which they served. Ramona De La Torre and Son Lieu, were not present. PUBLIC COMMUNICATIONS Margarita Vargas inquired about the status of her previous request regarding the lack of maintenance and upkeep of the 990 Store. Ms. Vargas expressed disappointment that enforcement action has not been taken against the owner for non-compliance of the required maintenance and upkeep of the property. James C. Stewart, 14124 Kenmore Street, expressed concern that a City Code Enforcement Officer entered his property and was looking through the windows without announcing his visit. Mr. Stewart feels that there are inconsistencies in the process of citation issuance. Carios Martinez, 4934 Marion Ave.. spoke regarding the ordinance prohibiting the placement of canopies. Bonnie Jimenez. Field Representative to Assemblyman Ed Chavez, announced the recent move of the Assemblyman's local office. Ms. Jimenez also announced that effective immediately, she will be present at the Julia McNeil Senior Center on the 3"* Wednesday of every month. She will be available to meet with seniors and assist with any state related issues. Ms. Jimenez complimented the Senior Citizen's Department for the great b-b-q event held on Saturday, July 13 She also wished to thank Ms. Irene Test for the assistance she has provided to her during her recent visits to the Senior Center. Paul Lo. representing the Huge Development Co., expressed dismay that the housing projects currently under construction at 14933 Pacific Avenue and 3902 Baldwin Park Boulevard have been vandalized. Roy Test requested that the front doors to the council chamber be maintained and/or oiled. Mr. Test inquired about an article in the San Gabriel Valley Tribune regarding the cit/s failure to apply for a grant. Mayor Lozano responded stating that the article was inaccurate; the funds have been applied for and are being utilized for new construction of park projects. It was further noted that a letter was sent to the editor for retraction and correction of the deficiency in their reporting on this matter. City Treasurer Contreras announced the appointment of Mark Skrvana as Superintendent of the Baldwin Park Unified School District. BIB] 37638-U01 2002-U02 07-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8888-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 07 17 CC MIN(ÌìCity Council Minutes July 17, 2002 Page 3 Margarita Vargas suggested that a telephone hotline be set up which would allow the public to call in and report illegal street vendors. Comments made during Public Communication portion of the Community Redevelopment Agency meeting.] CONSENT CALENDAR APPROVED Councilmember Pacheco requested that the following item be removed from the Consent Calendar for a discussion: 1) Item 1-F APPROVAL TO USE CITY HALL OFFICE SPACE FOR A SATELLITE OFFICE FOR STATE SENATOR GLORIA ROMERO A motion was made approve Consent Calendar Item Nos. Enter A-G with the exception of Item F) as presented, and as follows: MOTION: Mayor Pro Tern Garda SECOND: Councilmember Gair Carried CLAIMS AND DEMANDS MMO) Further reading was waived, read by title only and Resolution No. 2002*070 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 JUNE, 2002 320-20) Report was received and filed. SCHEDULE OP PRINCIPAL & INTEREST P & 1) TO THE HUD SECTION 108 LOAN LEWIS PROJECT VAULT) The City Council authorized the execution and submission to HUD of the Schedule Principal & Interest P & I). APPROVAL OF CONTRACT EXTENSION FOR SERVICES RELATED TO THE REPAIR OF CONCRETE INFRASTRUCTURE IMPROVEMENTS TOP NOTCH CONSTRUCTION 600-30) The City Council approved an extension to the existing contract with Top Notch Construction, dated January 17, 2001. The rate schedule was approved no change in the unit prices for repairs). The Mayor was authorized to execute the Agreement. APPROVAL OF FINAL TRACT MAP NO. 53387 PAUL LO. HUGE ENTERPRISE; LOCATION: 14933 PACIFIC AVENUE 410-30) The City Council approved Final Tract Map No. 53387. BIB] 37638-U01 2002-U02 07-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8888-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 07 17 CC MIN(ÌìCity Council Minutes July 17. 2002 Page 4 RESOLUTION ESTABLISHING APPROPRIATION LIMITS FOR FISCAL YEAR 2002-03 330-20) The City Council waived further reading, read by title only and adopted Resolution No- 2002- 071 entitled. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, SETTING THE ANNUAL APPROPRIATION LIMIT FOR FISCAL YEAR 2002- 03." CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION APPROVAL TO USE CITY HALL OFFICE SPACE FOR A SATELLITE OFFICE FOR STATE SENATOR GLORIA ROMERO VAULT) In response to an inquiry by Councilmember Pacheco, Chief Executive Officer Keller advised that there was not sufficient space at the Community Center to accommodate an office. Upon question by Councilmember Van Cleave. Attorney Alvarez-Glasman advised that the use of office space by Senator Romero would be used sotely for business purposes. A motion was made to approve the use of City Hall for a satellite office for Senator Gloria Romero. MOTION: Mayor Pro Tern Garcia SECOND: Councilmember Gair Carried PUBLIC HEARING ANNUAL OPERATING BUDGET FOR FISCAL YEAR 2002-03 330-70) Continued from July 2,2002) Mayor called the Community Redevelopment Agency and Housing and Finance Authority to order for the purpose of conducting the Public Hearings relating to the operating budget for fiscal year 2002-03. 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. In response to Councilmember Pacheco's inquiry, Director Sanchez responded stating that the recommendation provided by the Public Works Department to reduce expenditures by cutting back on park maintenance and service is reflected in this budget. Director Sanchez stated the said reductions will reduce the Park Maintenance Assessment District deficit to approximately $710,000 at the end of the June 30, 2003 fiscal year Councilmember Pacheco stated that he is opposed to approving a budget without having an established method in place to address the Park Maintenance Assessment District deficit. Councilmember Van Cleave expressed concern with the deficit and requested that the City Council develop a plan to address this issue. BIB] 37638-U01 2002-U02 07-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8888-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 07 17 CC MIN(ÌìCity Council Minutes July 17, 2002 Page 5 Mayor Lozano requested that a meeting be scheduled to address this matter and discuss long-term solutions to the deficit. Mayor Pro Tern Garcia expressed optimism regarding the budget. She suggested looking into programs that will increase the Cit/s revenues rather then cutting programs. She stated that the finance committee would begin meeting in September to start identifying areas that will help increase the amount of revenue brought into the City. Councilmember Gair stated she feels very optimistic about the budget. With regards to the Park Maintenance Assessment District. Councilwoman Gair stated that the public has to know that the funds for maintenance were needed. She stated that the City does not have the money to keep the parks maintained at the level they presently are. She further stated that this council has some decisions to make and expressed her confidence that these decisions will be made. Following the public hearing a motion was made to waive further reading, read by title only and adopt Resolution No- 2002-061 entitled. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1. 2002 AND ENDING JUNE 30. 2003." MOTION: Councilmember Van Cleave SECOND: Councilmember Gair NOES: Councilmember Pacheco Carried 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) Continued from June 5.2002) 430-20) Mayor Lozano declared the public hearing OPEN for public participation. There was no one wishing to speak. Councilmember Gair expressed disappointment that this matter has taken so long to come back before the Council. Principal Planner Harbin advised the Council that the purpose for the continuance is due to the fact that the architect for the project is out of the country. A motion was made to CONTINUE the public hearing to August 21, 2002. MOTION: Councilmember Gair SECOND: Councilmember Van Cleave Carried REPORTS OF OFFICERS MULTI-FAMILY RESIDENTIAL MORATORIUM UPDATE 44<MO) Continued from June 19,2002) A motion was made to defer this matter back to staff with a request to provide information specifically on multi-family uses, in addition to any legislation that pertains to local jurisdictions. MOTION: Councilmember Gair SECOND: Councilmember Van Cleave Carried BIB] 37638-U01 2002-U02 07-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8888-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 07 17 CC MIN(ÌìCity Council Minutes July 17, 2002 Page 6 OPTIONS FOR ICE CREAM VENDORS RESTRICTIONS UPDATE 640-10) Report presented by Assistant to Chief Executive Officer Bouton as follows: The purpose of this report is to provide the City Council with the options available to the City for implementing more stringent restrictions on ice cream vendors. At their June 5, 2002 meeting, the City Council directed staff to review the options available for banning or restricting ice cream vending in the City of Baldwin Park. The City Attorney reviewed the possibility of a ban of ice cream vendors and determined that it would be unlawful. Chief Executive Officer Bouton stated that while the City may not ban ice cream truck vendors, the State Vehicle Code and the City of Baldwn Park's Municipal Code indicates that there are several ways of limiting the streets and times that ice cream vending is allowed in the City. She further stated that recently enacted State law governs the manner in which ice cream truck vendors may operate. Under the Destiny Nicole Stout Memorial Act Vehicle Code 22456), ice cream truck vendors must adhere to the following requirements: Any ice cream truck shall be equipped at all times, white engaged in vending in a residential area, with signs mounted on both the front and rear and dearly legible from a distance of 100 feet under daylight conditions, incorporating the words WARNING" and CHILDREN CROSSING." Each sign shall be at least 12 inches high by 48 inches wide. with letters of dark color and at least four inches in height, a one-inch wide solid border, and a sharply contrasting background. A person may not vend from an ice cream truck that is stopped, parked, or standing on any public street, alley, or highway under any of the following conditions" 1) On a street, alley, or highway with a posted speed limit greater than 25 miles per hour. 2) If the street, alley, or highway is within 100 feet of an intersection with an opposing highway that has a posted speed limit of greater than 25 miles per hour. 3) If the vendor does not have an unobstructed view for 200 feet in both directions along the highway and of any traffic on the highway. In response to Council request to require and install lighting and signage, similar to an official school bus on each of the City's licensed ice cream vendors. This is not possible as the vehicle code is specific on regulating warning signal systems. State legislation allows only official school busses, designated to carry school children to have flashing red lights and extending stop signs attached to the vehicle. Requiring ice cream vendors to have such warning systems would be against State statute and unenforceable by the City's Police Department. To address the concerns of the City Council and ensure the safety of our residents, the patrol and traffic bureaus of the police department have been directed to step up enforcement of the current codes. In addition, City Council may consider additional requirements to Baldwin Park Municipal Code 122.04 to further safeguard the children of Baldwin Park. BIB] 37638-U01 2002-U02 07-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8888-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 07 17 CC MIN(ÌìCity Council Minutes July 17, 2002 Page 7 By Council consensus, the City Attorney was directed to prepare and bring back a comprehensive ordinance regulating ice cream vendors within the city. REQUEST FOR AN ADMINISTRATIVE ADJUSTMENT FEE REIMBURSEMENT APPLICANT: RUBEN SANDOVAL, LOCATION: 13554 CORAK STREET 390-75) A motion was made to deny Mr. Sandoval's request for an administrative adjustment fee reimbursement. MOTION: Councilmember Gair SECOND: Coundlmember Van Cleave NOES: Mayor Pro Tern Garcia and Mayor Lozano Carried COUNCIL / STAFF REQUESTS AND COMMUNICATIONS REQUEST BY COUNCILMEMBER PACHECO FOR DISCUSSION OF MID-SAN GABRIEL VALLEY CONSORTIUM OUTREACH PROGRAM UPDATE CARRY OVER ITEM FROM JULY 2.2002) Councilmember Pacheco reported on a recent meeting of the Consortium noting that the Auditor presented a full report of the Agency's accounting. The County continues to monitor the functions of the Consortium. The board is recruiting for the position of Director and in the meantime. Ms. Betty Haro will continue to serve as the Interim Director. REQUEST BY COUNCILMEMBER PACHECO FOR DISCUSSION OF THE CITY OF BALDWIN PARK RECOGNIZING MATRICULATION CONSULAR CARDS ID'S ISSUED BY MEXICAN CONSULATE) CARRY OVER ITEM FROM JULY 2,2002) Councilmember Pacheco requested to defer this matter to staff and the Chief of Police for the purpose of researching and reviewing what steps the county has taken regarding this matter. Councitwoman Gair stated that she is not familiar with this matter and requested to receive information that would explain the program. There were no objections. By council consensus, this matter was tabled to August 7, 2002. GOAL SETTING SESSION Mayor Pro Tern Garcia recommended that the Council participate in a goal setting session with members of the E-Team and asked staff to schedule a date for this purpose. There were no objections. PUBLIC APOLOGY GIVEN TO COUNCILMEMBER PACHECO Mayor Pro Tern Garcia publicly apologized to Councilmember Pacheco for the comments made by her at the previous meeting. Councilmember Pacheco acknowledged the apology, stating that he is committed to providing this council with the information that has been requested regarding the Mid-San Gabriel Valley Consortium. BIB] 37638-U01 2002-U02 07-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8888-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 07 17 CC MIN(ÌìCity Council Minutes July 17, 2002 Page 8 REQUEST ENFORCEMENT OF ILLEGAL STREET VENDORS Mayor Lozano requested that the matter of illegal street vendors be referred to Code Enforcement for immediate handling. ADJOURNMENT There being no further matters for discussion, the meeting was adjourned at 8:50 p.m., in memory of Mr. Escalera and GuUlermo Avila. Approved by the Council at their meeting held August 21, 2002. Rosemary M. Raiwrez. CMC Chief Deputy City Clerk BIB] 37638-U01 2002-U02 07-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8888-U03 C4-U03 MINUTES1-U03 1/15/03-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06