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HomeMy WebLinkAbout1997 02 05 CC MIN1997 02 05 CC MINòw @˜~. CC MIN FEB 5 1997 1[H1Ã 8 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVENUE, WEDNESDAY, FEBRUARY 5,1997 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: COUNCILMEMBERS LOWES, LOZANO, MUSE, AND MAYOR VARGAS ALSO PRESENT: City Attorney Olivas, City Manager Yeats, Acting Chief of Police kies, Dir. of Public Works Mousavi, Dir. of Rec/Community Services Nunez, City Treasurer Montenegro, Deputy City Clerk Branek, and City Clerk Gair 00- ORAL COMMUNICATIONS Mayor Vargas declared Oral Communications open and invited those wishing to speak on any subject to come forward. Marina Montenegro, 313 Park Shadow Ct., stated that she noticed on the agenda a six month evaluation of Ralph Nunez. She further stated that with Council's past record, and that there are only 27 days until the election, she had her secretary place two phone calls to key people in the community so that some support and to have the citizens share with Council how much the community loves Mr. Nunez. She also stated that if the Council comes back from Closed Session with anything but a good evaluation, citizens will be disappointed. She stated that she had been asked to read a document to the Council and asked all those that signed the document to stand. It is with great regret that the people have been forced to this point of action, and as requested she read the Notice of Intent to Recall Ten Muse, Councilwoman, City of Baldwin Park." She requested the VFW member, Marty Corona to execute service. Nicole Mendez, 13630 Foster Ave, stated that the 6th graders from Santa Fe School visited City Hall and the Community Center on January 23rd. She thanked Councilmember Lozano for arranging the tour of City Hall and Mr. Nunez for allowing the students the opportunity to go to the Community Center. BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 5-U02 1997-U02 U02 1-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3440-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37253-U01 1997-U02 02-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1997 02 05 CC MINòw @˜~. CC MIN FEB 5 1997 1[H1Ã 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 2 OF THE CITY OF BALDWIN PARK FEBRUARY 5, 1997 Roy Test, 15115 Kenoak, stated that Mr. Nunez is one of the finest and hardest working employees this City has ever had. He attends all the events in the City. Mr. Nunez is available to everyone and it is a full time job. If anyone's job should be evaluated, it should be the person that is trying to get rid of Mr. Nunez. Lilly Bailey, 14412 E. Pacific, Apartment 216, stated that she appreciates Mr. Nunez, he is personable, he listens, and takes his time. The senior citizens all appreciate Mr. Nunez and hope to keep him for a long time. Ailene Pinehero, 130 Amar Rd., stated that she has never known anyone that would give up their position to keep peace in the City, but Ralph Nunez was willing to give up his position when Gary Rose was dismissed. He always stays at every event till the end. She further stated that in August she will have lived in the City for 50 years and that she would like to see peace and quiet. She stated that City Clerk Gair donated to the Museum some books pertaining to the history of the City. Lu Li, stated that she represents classes at the Baldwin Park Senior Center. She asked everyone to stand that participates in the various classes at the Center. Thanks to Council for providing the classes, but there is one man behind that, the organizer, and that is Ralph Nunez. She inquired if the Council meetings generally have a big crowd. She stated that Mr. Nunez is thoughiful, understanding, and caring. She suggested that Council, don't rock the boat that everything is running smooth at the Center." Macarlo Marcelina, 3826 Cosbey, resident of the City for the last 19 years. He further stated that the community wants Ralph Nunez. He asked if every employee is evaluated every 6 months? He spoke that on behalf of more than 230 young Asian Americans, Hispanic, and Anglo who participated the last 3 years in the youth program. Mr. Nunez not only participated, but his family also. Mayor Vargas asked if anyone else wanted to speak on any other subject. He clarified that it is unfortunate that everyone feels that Mr. Nunez is loosing his job. It is an evaluation that all employees and Executive employees receive. Council is committed to staff providing services for the public. Mr. Nunez came on after he became Mayor, and is supervised by City Manager, the issues regarding the job are personal and they cannot be discussed by Council. This evaluation has nothing to do with Mr. Nunez loosing his job. This is one of the issues that some people are trying to make an issue. It is just an evaluation. The City Manager will brief the Council, it is the City Manager's evaluation of Mr. Nunez. Sandi Lucas, 4442 Bresee, stated that it is Oral Communication where people get to speak, not time for the Mayor to lecture the people. She stated that her husband was head of the Parks for 25 years and survived many hatchet jobs. She requested that the BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 5-U02 1997-U02 U02 1-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3440-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37253-U01 1997-U02 02-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1997 02 05 CC MINòw @˜~. CC MIN FEB 5 1997 1[H1Ã 8REGULAR MEETiNG OF THE CITY COUNCIL PAGE NO. 3 OF THE CITY OF BALDWIN PARK FEBRUARY 5, 1997 people be allowed to speak. Bill Van Cleave, 13232 Emery, stated that Council has made strange decisions, especially at the last Council meeting, and that scares the people. He requested Council cancel the next meetings until after the election. Ralph Nunez works with all the people and when Council dismisses the City Attorney, the Police Chief or whom ever, it disrupts the unity in the community. He requested that the people vote independently. He further stated that he supports the recall of Ten Muse and later a recall of Manuel Lozano. Larry Walton, 3502 Big Dalton, asked Ralph Nunez to look around at his friends from all around the City. They are here to support him. He stated that he and Mr. Nunez do not see eye to eye all the time, but that Mr. Nunez has done a good job. For some reason Council has divided this community, and that is wrong. If this evaluation was a normal process, Mr. Nunez would be attending a wedding with his family. No one in this community will allow this Council to take Mr. Nunez' job. Resident, stated that he was shocked that there was an item on the agenda pertaining to Mr. Nunez. He further stated that every time Council wants to get rid of someone they put it on the agenda. He asked for confirmation from the Mayor, the City Manager, Councilmembers Muse and Lozano that Mr. Nunez will remain on the job. Mayor Vargas stated that Mr. Nunez will have a job tomorrow, his job is not in jeopardy. Who ever told the citizens that Mr. Nunez' job was in jeopardy, did not tell the truth. Mayor Vargas stated that he has many supporters, and for the citizens to look at what the Council has done over the last 4 years. The citizens have been misled. The evaluation is by the City Manager and he will brief the Council. City Attorney Ofivas stated for the Record that it is a legal impossibility to take any action concerning dismissal of any employee tonight, because It is not agendized. So, the only action tonight is an evaluation. In response to the Resident, Councilmember Lozano stated that he has nothing to hide. He endorses and has always commended Ralph Nunez. Mr. Nunez has always done an excellent job and that he would continue to support him. He wants to see the young kids have the education to occupy the current jobs that are offered here and bring up the pride of the City. He is a supporter of Ralph Nunez, 100%. Councilember Muse stated that this is a personnel matter, that it is an evaluation, there's no reason for people to come forward with this misunderstanding. There is nothing to discuss openly. She stated that she wanted to hear what the City Manager says before she makes any decision. BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 5-U02 1997-U02 U02 1-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3440-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37253-U01 1997-U02 02-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1997 02 05 CC MINòw @˜~. CC MIN FEB 5 1997 1[H1Ã 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 4 OF THE CITY OF BALDWIN PARK FEBRUARY 5, 1997 Pedro Maltos, asked that a correction be made to some decisions that have been made in the past. He owns a business on Ramona, across from City Hall. The medical offices across the street causes unbearable parking problems. Different offices in City Hall have been contacted and asked for help to alleviate the problem, and so far they have not received any satisfaction. Letters have been sent to City Hall asking for assigned parking spaces. The medical office patients come to the facility and spend hours waiting for service. Before the offices were there parking was not an issue. There are 5 different medical offices and their patients stay there and tie up the few parking spaces. Surrounding businesses have suffered a decline in business. He asked that someone take corrective action. If an impact study had been done, at the medical center's previous location, it would have revealed the parking impact on the merchants at the new location. Leone Richard, 3336 Millbury, reaffirmed that they appreciate everyone, and the things that they have tried to do, but we can learn from this. The people are behind Ralph, he is loved, and he is supported by the community. The people believe that they cannot trust the things that you have done. The people will not be deceived. Use this as a learning experience. She spoke for Gary Rose and now she is standing here speaking for Ralph Nunez. When the people get this message, naturally the people will come. The people will be watching and making sure that what Council is saying is truth and they will not be deceived by words. They want to see the action of the support of the person that the community believes in. Eli Roca, 14637 California, told that Lucky Baldwin snack bar, has put together the frames, the roof and walls. They were able to get a lot of volunteer support and they have put in $25,000 in volunteer help into that snack bar. He thanked everyone that supported the effort. There are rumors about the sports scholarship, that the money is being cut back, or eliminated. He further thank Mr. Nunez and Gad illo Mr. Mousavi and staff for help with the snack bar. He presented the 1996-97 League President Olivia Ortiz Olivia Ortiz, 14457 Cavette Place, President of Lucky Baldwin Pony League, thanked Council, staff and the Parks and Recreation Department for their support, and the consideration of the youth of this community. The sports scholarship program is working and helping our community. Richard Padilla, 15246 Nubia Street, stated that he has 2 brothers and 2 sisters. That last year they all signed up for baseball and they were Charging $40 per player. He stated that his Mother could not afford for all to play ball. Mrs. Roca told the family about the scholarship, the Padilla children signed up and all they had to pay was $15, His team made it to the Tournament of Champions and that he is glad that there are scholarships. Christina Roca, 14637 California Street, stated that she is grateful to Mr. Nunez for the BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 5-U02 1997-U02 U02 1-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3440-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37253-U01 1997-U02 02-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1997 02 05 CC MINòw @˜~. CC MIN FEB 5 1997 1[H1Ã 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 5 OF THE CITY OF BALDWIN PARK FEBRUARY 5, 1 Z97 $15,000 grant for the snack bar. The scholarship program helps a lot. Norma Cruz, 4931 La Rica, member of Lucky Baldwin Pony League, the Shetland Pony Division Coordinator, thanked everyone for scholarship, it has made a change in their division. Prior to the scholarships, kids from large families were not able to play, but now there are a lot of young kids able to play. Norma Garrar-Campo8, 1314 Fleetwell, West Covina, represented Kaiser Permanente Outreach Program, thanked the City of Baldwin Park for allowing them to be housed at the Community Center. They would not be there if not for the support of Ralph Nunez. Mr. Nunez supported the youth program, contributed a lot, and is dedicated, and encouraged the youth. Mr. Nunez is not only dedicated to the youth but to the community as a whole. He is always the last one to go home. Nathan Esparza, 4326 N. Maine, stated that he has had the honor and privilege to work with Mr. Nunez as a former mentor of the San Gabriel Valley Boys and Girls Club. He always tries to please the community with utmost respect and integrity. He considers Mr. Nunez a great friend to the community, and offers his support. He looks forward to working with him and the youth and seniors also give their support. George Mesa, 14342 Ramona Blvd., stated that he wanted to speak about the parking problem caused by the Baldwin Park Medical Group on Ramona. Before the situation arose, the merchants did address the problem to the Council. They want to assert their rights as property owners and business owners to be included in any discussion and decisions toward the resolution of the parking problems on Ramona. Sally Wieck, 4130 Cutler, asked that Council not speak down to the audience. It is assumed that most in the room do not know what an evaluation is. An evaluation is a tool you have to have before you can have someone released from any position. The citizens are aware of the influence that Council has over the evaluation process. Doris Lane, 14112 MacDevitt, stated that Council wants the best and we have the best, Mr. Ralph Nunez. Tony Baca, stated that he was born and raised in the City. He understands that Council is basing their evaluation on what a man brings to you. He asked if the Council is listening to the crow? Mr. Nunez has already been evaluated in the City and it is a natural part of any job. One person is going to do the evaluation, and the public has nothing to say? The people know for sure, he has been evaluated and he is staying. Mayor Vargas stated that every employee is evaluated in the City of Baldwin Park. Mr. Nunez is just being evaluated. Every department head has to be evaluated. The City Manager is doing the evaluation and that Council does not know what the City Manager BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 5-U02 1997-U02 U02 1-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3440-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37253-U01 1997-U02 02-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1997 02 05 CC MINòw @˜~. CC MIN FEB 5 1997 1[H1Ã 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 6 OF THE CITY OF BALDWIN PARK FEBRUARY 5, 1997 will tell them. Anthony Bejarano, 350B Big Dalton, stated that he hopes the City Manager knows how to evaluate Mr. Nunez. Captain kies has put a lot years of dedication too when thinking about getting a chief. The people love Mr. Nunez. Loren Cook, 14579 Channing St., stated that this is her first time to be at a Council meeting and she has observed Baldwin Park and has been impressed with all that has been going on. She also stated that she has enjoyed the Community Center. It disappoints her that all these people scream at each other, that it is a part of the process. There is only a month to go until the election, so everything will be fixed later on. There being no other speakers, Mayor Vargas declared Oral Communications closed. 00- CONSENT CALENDAR The Consent Calendar consisted of the following: 1. Approval of Certificate of Posting for February 5,1997 2. Approve Minutes: Regular Meeting: January 15,1997 Study Session: January 15,1997 3. Waive Further Reading and Adopt RESOLUTION NO.97-4- ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Deny Claim Against The City Ismael Bermudes James Hunley Linda Bell Linda Roberts 5. Waive Further Reading and Adopt ORDINANCE NO.1121 AMENDING THE BALDWIN PARK MUNICIPAL Second Reading) CODE TO REPLACE CHAPTER 52 STORMWATER RUNOFF" WITH A NEW CHAPTER 52 TO INSURE COMPLIANCE WITH REGIONAL BOARD NPDES BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 5-U02 1997-U02 U02 1-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3440-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37253-U01 1997-U02 02-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1997 02 05 CC MINòw @˜~. CC MIN FEB 5 1997 1[H1Ã 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 7 OF THE CITY OF BALDWIN PARK FEBRUARY 5,1997 ORDER NO.96-054 ADOPTED ON JULY 15,1996 6. Approve Agreement Purchase Business License Computer System and Software Program HDL Software1 LLC 7. Approve Amendment Parcel Map No.1283 Sierra Center 8. Approve Award of Bid Traffic Signal Modifications PacificNineland CIP 620 C.T. & F., inc. 9. Award of Contract Design of ISTEA Streets CIP 601 Dewan, Lundin & Associates 10. Approve Award of Contract Inspection Services Baldwin Park Boulevard Street Improvement Dewan, Lundin, & Associates 11. Waive Further Reading and Adopt RESOLUTION NO.97-5 APPROVE INITIATING PROCEEDINGS FOR THE 1997-98 LEW OF ANNUAL ASSESSMENT FOR THE CITY OF BALDWIN PARK LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT, AND ORDERING THE PREPARATION OF A REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART2OFTHESTREETSANDHIGHWAYS CODE OF THE STATE OF CALIFORNIA 12. Approve Award of Contract CAD System and Reconfiguration of Dispatch Center and Equipment a) Durham Inc. b) Barco Visuals Inc. It was moved and seconded to approve the Consent Calendar. MIS/C: LOZANOIM USE There were no objections. 00- PUBLIC HEARING Mayor Vargas Introduced the Public Hearing pertaining to Consideration for the Proposed Expenditures of Grant Funds Awarded by the U.S. Department of Justice for the Local Law Enforcement Block Grant Program to the City of BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 5-U02 1997-U02 U02 1-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3440-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37253-U01 1997-U02 02-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1997 02 05 CC MINòw @˜~. CC MIN FEB 5 1997 1[H1Ã 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 8 OF THE CITY OF BALDWIN PARK FEBRUARY5, 1997 Baldwin Park Police Department." Captain Bennett stated that the City will receive a total grant of $119,147. The grant requires a separate trust fund, and an Advisory Board be formed to discuss proposed expenditures. The Advisory Board agreed that it would be appropriate to use $17,193.27 of the grant funds to supplement the completion of the Communications Center Renovation Project and allocate the remaining $101,953.73 to the mobile laptop computer project. Staff recommended that Council 1) Conduct a Public Hearing relative to the plan for expenditures of the Local Law Enforcement Block Grants Program funds, and 2) Approve expenditures from these monies as outlined in the staff report. Mayor Vargas declared the Public Hearing open and invited those wishing to speak pertaining to the Proposed Expenditures of Grant Funds to come forward. There were none. Mayor Vargas declared the Public Hearing closed. In response to Councilmember Lozano, Captain Bennett stated that there is no projected date for the implementation of the lap top computers, but hopefully within a year. There are three components to the project, the procurement and implementation of mobile field lap top computers, interface to allow the computers to communicate with the communications center and interface of the communications center to accept the communication. Currently the Police Department is dealing with several vendors. It was moved and seconded to approve $17,193.27 grant funds to supplement the completion of the Communications Center Renovation Project and allocate the remaining $101,953.73 to the mobile laptop computer project. MIS/C: LOZANO/LOWES. There were no objections. Mayor Vargas introduced the Public Hearing pertaining to An Appeal of the Planning Commission's decision denying a conditional use permit for the oft-site sales of beerand wine pursuant to Section 153.502; Owner: Uruapan Carniceria, Jose Luis Padilla; Property Location: 3723 Baldwin Park Boulevard; Case No: CP-554)." City Planner Onaga stated that the applicant, Mr. Padilla, is requesting approval of a conditional use permit for the off-site sales of beer and wine in conjunction with a market. Staff recommended denial to the Planning Commission and recommends denial to the City Council for the following three reasons: 1) the application does not meet the standards and findings of the City's ordinance relating to the sales of alcoholic beverage sales; 2) the application does not meet the State Department of Alcoholic Beverage Control's regulations for over-concentrated census tracts; and 3) the Police department opposes the application due to historical and current problems in the area. Staff recommended that Council adopt the findings of fact and deny CP-554. BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 5-U02 1997-U02 U02 1-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3440-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37253-U01 1997-U02 02-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1997 02 05 CC MINòw @˜~. CC MIN FEB 5 1997 1[H1Ã 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. OF THE CITY OF BALDWIN PARK FEBRUARY 5, 1g97 Mayor Vargas declared the Public Hearing open and invited those wishing to speak pertaining to CP-554 to come forward. Rod Archer, CA Licenses and Permits, representing the Applicant in this case, stated that in the initial hearing a list of conditions were presented, the most important ones, operations of security. The owner has been at this site been operating for some time now and has another market where he has a beer and wine license. He is willing to open up the previously closed windows, and offers a facade upgrade, The final issue this not just a liquor store, it just proposes to sell beer and wine along with full service market. He requested Council give the operator the opportunity to operate the facility in a safe, clean, efficient manner. The market will close at 9:00 p.m. He presented petitions that were signed by 40 residents that want a full service market. Mayor Vargas declared the Public Hearing closed. In response to Mayor pro tem Muse and Councilmember Lozano, City Planner Onaga stated that the ABC standards have to do with state wide averages for census tracts and state wide alcohol sales outlets with the number of people in the State. If a census tract exceeds this number then it is considered over concentrated and ABC will not issue a license if that census tract is considered over concentrated unless the local government approves certain findings to over ride that concentration issue. City Attorney Olivas stated that the Business and Professions Code states that if there is over concentration in the census tract and the Council still wishes to grant it, then a finding for public need or convenience is required. Councilmember Lowes stated that the biggest concern that she has is the Police Department opposes this request and it would require additional police services It was moved and seconded to approve Resolution 97-6, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY CP-554." MIS/C: LOZANO/MUSE. There were no objections. Mayor Vargas Introduced the Public Hearing pertaining to 11Consideration of Amending Section 153.250, Billiard and Pool Hall Regulations of the Baldwin Park Municipal Code Applicant: City of Baldwin Park; Case No: AZC-139)." It was moved and seconded to continue the Public Hearing pertaining to Amending Section 153.250 to March 19, 1997. MIS/C: LOWESILOZANO. There were no objections. Mayorvargas Introduced the Public Hearing pertaining to Consideration of Adoption BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 5-U02 1997-U02 U02 1-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3440-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37253-U01 1997-U02 02-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1997 02 05 CC MINòw @˜~. CC MIN FEB 5 1997 1[H1Ã 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 10 OF THE CITY OF BALDWIN PARK FEBRUARY 5, 1997 of Baldwin Park Municipal Code, Chapter 98 pertaIning to Unattended Shopping Carts.11 Management Assistant Fukushima stated that the proposed ordinance provides the following: 1) Any business providing shopping carts for their customer's use shall permanently place on the shopping cart a sign which includes the following information: the owner's valid telephone number and address for identification purposes; notification of the public procedure for the authorized removal of the shopping cart from the premises; and unauthorized removal of the shopping cart from the premises or parking area is a violation of State law. 2) Any unattended shopping carts, with or without identification, located outside the premises or parking area of a retail establishment which impedes emergency services may be removed by the City immediately from public or private property at the owner's cost consistent with State law; 3) the City may charge an owner of any unattended shopping cart if the City notifies the owner but the owner does not retrieve the shopping cart; and 4) Any owner of a shopping cart who has been charged a fee or a fine shall be entitled to a hearing as to whether the fee or fine was properly charged. It was recommended that Council introduce Ordinance No. 1120 for first reading to be read in title only and all further readings be waived. Mayor Vargas declared the Public Hearing open and invited those wishing to speak pertaining to the unattended shopping carts to come forward. Bill Van Cleave, 13232 Emery, stated that he believes that Council is picking on the wrong people. He stated that a sign should be posted stating that you can not remove the carts from the site, and that it could be stopped at the driveways. This will hurt the businessman, and he will pass the cost on to the consumer. The people will have to purchase a hand cart to take their groceries home in. Richard Tatum, 4650 Edra, commented on the Identification on the shopping cart. He stated that he has personally seen the vendors take the carts, rip the identification off and use the cart. The cart is not considered stolen because it has no identification. Sandi Lucas, 4443 Bresee, stated that the vendors utilize the shopping carts to sell on the streets, there needs to more of a crack down on the vendors, its not the people. Don Cook, 14579 Channing, stated that he is confused, that he thought this legislation was only supporting the state legislature, not making any new law. He further stated that he has seen trucks go around with many shopping carts, and that he cannot believe that it is caused by vendors. In response to Mr. Van Cleave, City Manager Yeats stated that this is a laxing of the City's current policy for shopping cart retrieval. The City wants the shopping carts off the street, and the City is business friendly. The City picks up the carts and returns BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 5-U02 1997-U02 U02 1-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3440-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37253-U01 1997-U02 02-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1997 02 05 CC MINòw @˜~. CC MIN FEB 5 1997 1[H1Ã 8REGULAR MEETiNG OF THE CITY COUNCIL PAGE NO. ii OF THE CITY OF BALDWIN PARK FEBRUARY 5,1997 them to the market for free. In the future the City will not be able to do that, they will have to leave the shopping carts sit in the location that it is found for 3 days, notify the supermarket that their cart is sitting there, and then only after 3 days can the City remove the shopping cart and notify them that the City has removed it. If we do that 3 times then we can possibly fine them. This legislation was sponsored by the California Grocers Association and the Shopping Cart Retrieval Association. In response to Councilmember Lowes, City Manager Yeats stated that the City's ordinance is in compliance with State law. She stated that she would like to see the violation of the State law put in Spanish on the carts. She asked since this is a violation of the law, what would be done about the violations. In response to Councilmember Lowes, Mayor pro tern Muse stated that the shoppers shuttle will take people to all major shopping areas and will curb the taking home of the shopping carts. Councilmember Lowes made a motion to place the signs in Spanish on the carts also. Died for lack of a second. City attorney Olivas stated that the only issue is, could the argument be made that the State has the exclusive regulation concerning the nature of the signs, and State Code does not provide a provision for the requirement of bilingual signs. So he would have to research the law to find it bilingual could be added to the signs. Possibly leaflets or fliers could be done in Spanish and English and it could be done on an administrative level and place it in the NOW. Mayor Vargas recommended the item be approved and direct City Attorney and staff to find a way to distribute this information in Spanish and if possible to require the notices on the carts in Spanish. It was moved and seconded to introduce Ordinance No.1120, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 98, UNATTENDED SHOPPING CARTS" TO THE BALDWIN PARK MUNICIPAL CODE, for first reading to be read in title only and all further reading be waived. MIS/C: MUSIE/LOZANO. There were no objections. 00- REPORTS OF OFFICERS. COMMISSIONS. AND COMMITTEES City Clerk Gair requested consideration to amend the Baldwin Park Municipal Code regarding the date of the selection of the Mayor Pro Tempore. The Municipal Code was amended by Ordinance No.1089 to change the date of the General Municipal BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 5-U02 1997-U02 U02 1-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3440-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37253-U01 1997-U02 02-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1997 02 05 CC MINòw @˜~. 1997 02 05 CC MINòw @˜~. CC MIN FEB 5 1997 1[H1Ã 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 13 OF THE CITY OF BALDWIN PARK FEBRUARY 5,1997 In response to Councilmember Lozano, Acting Chief of Police Kies stated that the CD ROM contains information pertaining to the sex offenders and that the Sheriffs Office will provide access to the City free and that soon the City will be able to provide the service to the citizens. Councilmember Lozano requested the information pertaining to Megan's Law be published in the NOW in English and Spanish, and that the service is available through the Sheriff's Office. Councilmember Lozano requested that a big street map be placed for the citizens pertaining to the streets that will be repaved. 00- The regular meeting of the City Council recessed at 8:56 p.m. The regular meeting of the City Council reconvened at 8:59 P.M. Roll call remained the same. 00- CLOSED SESSION The City Council adjourned to a Closed Session to consider the Public Employee Performance Evaluation, Title: Director of Recreation/Community Services, 6 month evaluation, pursuant to Government Code 54957. The City Council met pursuant to Government Code 54957. and discussed the personnel issue, and confidential personnel matters. City Manager Yeats briefed the Council on the evaluation. No action was taken. 00- The regular meeting of the City Council adjourned at 9:58 p.m. There were no objections. BETTY BRANE< DEPUTY CITY CLERK BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 5-U02 1997-U02 U02 1-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3440-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37253-U01 1997-U02 02-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 CC MIN FEB 5 1997 1[H1Ã 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 12 OF THE CITY OF BALDWIN PARK FEBRUARY5, 1997 elections from April of even-numbered years to March of odd-numbered years. In the process of changing the election date the section of the BPMC for Council Reorganization should also have been amended to have the month for reorganization be March and not April. The Urgency Ordinance will accomplish this and become effective immediately because the ordinance relates to an election. it was recommended to approve the ordinance. lt was moved and seconded to approve Ordinance No. 1122, 3AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 30.02 OF THE MUNICIPAL CODE," shall be adopted on first reading, read in title only and all further reading be waived. MIS/C: LOWES/MUSE. There were no objections. 00- COUNCIL/STAFF REQUESTS AND COMMUNICATIONS Councilmember Lowes stated that the group here tonight showed unity in the community and that it was a tribute to Ralph Nunez. She further stated that it was a misunderstanding that this is a public employee dismissal. In response to Mayor pro Tern Muse, City Clerk Gair stated that the new sign ordinance will take care of the election signs, that 45 days prior to an election, signs may be placed on property, and if permission is not given to place signs on private property take them down and throw them away or contact the candidate. In response to Mayor pro tern Muse, Acting Chief of Police Kies stated that if signs are placed on private property without permission, a citizens arrest can be made and misdemeanor charges filed against the offender. Mayor Vargas requested that letters be sent to each candidate informing them of the possibility of trespassing. Mayor pro tern requested directional signage for our parks on main thoroughfare In response to Mayor pro tern Muse, Councilmember Lowes stated that a resident may purchase additional trash cans, that if the large trash can is too bulky, residents may request smaller one. Mayor pro tern Muse announced that the U.S. Forestry has looked at Barnes Park and Walnut Creek Park and that the City has the opportunity to have a tree house at Barnes Park. BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 5-U02 1997-U02 U02 1-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3440-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37253-U01 1997-U02 02-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3445-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05