The URL can be used to link to this page

Home My WebLink About2001 09 19 CC MIN2001 09 19 CC MINòw @˜‡i2001 09 19 CC MINZFäZHsí2001 CC MIN 09-19-2001HnÁCOUNCIL CHAMBER SEPTEMBER 19, 2001 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: Council Members: Marten Garcia, Ricardo Pacheco, Mayor Pro-Tern Linda Gair, and Mayor Manuel Lozano Absent/Excused: Councilrnernber Bill Van Cleave Also Present: Dayle Keller, 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 and Rosemary M. Ramirez, Chief Deputy City Clerk ANNOUNCEMENTS Mayor Lozano expressed his condolences to all those families effected by the terrorist attacks. He acknowledged the calls he has received from residents, requesting that American flags be displayed throughout the City. He stated that flags have been ordered and they are scheduled to arrive sometime next week. Mayor Lozano also spoke of bringing the community together perhaps for a vigil, for the purpose of honoring the victims of the World Trade Center terrorist attacks. Mayor Pro Tern Gair thanked the Councilmembers and staff that attended her induction as a Board Member of the Board of Directors for Independent Cities Association. Mayor Pro Tern Gair announced that a reception is scheduled to be held on Friday, September 21, 2001, to honor former City of Huntington Park Councilwoman Rosario Marin, who was recently sworn in as the United States Treasurer. Councilmember Pacheco announced the upcoming St. John's walk-a-thon and invited everyone to attend and participate. On behalf of Fr. Jim of St. John the Baptist Church, City Treasurer Contreras extended an invitation for everyone to attend a mass and waik-a-thon being held at St. John's on Saturday, September 22, 2001. The mass begins at 4:00 p.m. and the walk-a-thon is immediately following. PROCLAMATIONS, PRESENTATIONS AND COMMENDATIONS A proclamation proclaiming the Month of October, 2001, as Trick-or-Treat for UNICEF" month, was prepared and will be mailed to the recipient. The Award presentation for the Santa Fe School Student Council Officers, Student Council Representatives and Teacher Coordinators, was tabled to October 17, 2001. BIB] 37210-U01 2001-U02 CC-U02 MIN-U02 09-19-2001-U02 LG1-U03 LI1-U03 FO8420-U03 FO8421-U03 DO8505-U03 C4-U03 MINUTES1-U03 11/14/2001-U04 ADMIN-U04 BIB] 37245-U01 2001-U02 09-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 DO8505-U03 C4-U03 MINUTES1-U03 11/14/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 BIB] 37284-U01 2001-U02 09-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 FO8621-U03 DO8505-U03 C4-U03 MINUTES1-U03 11/14/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 2001 09 19 CC MINòw @˜‡i2001 09 19 CC MINZFäZHsí2001 CC MIN 09-19-2001HnÁCity Council Minutes-September 19, 2001 Page 2 PUBLIC COMMUNICATIONS CHIEF EXECUTIVE OFFICER KELLER ACKNOWLEDGED FOR KIWANIS PRESENTATION Larry Walton thanked Chief Executive Officer Keller for giving a great presentation to the Kiwanis at their meeting held this same date. THANKSGIVING COMMUNITY DINNER Larry Walton thanked Director Carrillo for allowing the Community Dinner Coordinators to come back and use the Community Center for the Thanksgiving Community dinner in November. CITY COUNCIL THANKED FOR RESPONDING TO PARKING ISSUE NUBIA & BALDWIN PARK BOULEVARD Ms. Amanda Serrato thanked the City Council for their prompt response in addressing the parking problem on Nubia & Baldwin Park Boulevard. SIGNAL REQUEST CALIAS & BALDWIN PARK BOULEVARD Ms. Amanda Serrato, inquired about the status of the petition submitted requesting the installation of a signal light at Baldwin Park Boulevard and Calias Street. TRAFFIC SIGNALIZATION TOO LONG OF A WAIT AT CESAR CHAVEZ AND RAMONA BOULEVARD Mr. Roy Test commented that the signal light at the intersection of Cesar Chavez and Ramona Boulevard is too long of a wait for the light to change. He requested that the City Council look into adjusting signalization at this intersection. MAYOR AND CHIEF OF POLICE COMMENDED FOR THEIR HANDLING OF THE DISRUPTIONS AT PREVIOUS COUNCIL MEETING Don Trunco, resident, commended the Mayor and Chief of Police for their handling of the disturbance that was initiated by the union representatives at the September 5, 2001 City Council Meeting. He expressed frustration that non-residents are coming into the City of Baldwin Park and make demands as to how the City Council conducts its business. Mayor Lozano apologized to the members of the Community who have been verbally abused or physically threatened by members of the teamsters union. He stated that this behavior is inappropriate will not be tolerated. SUBSEQUENT NEED ITEM ADDED TO AGENDA Attorney Alvarez-Glasman advised the City Council that an item regarding Waiver of Fees of the Conditional Use Permit Modification for La Charia Grill had developed after the posting of the notice of agenda. There is an immediate need for the Council to take action on this item. A motion was made to add the item as recommended by the City Attorney, to the Consent Calendar portion of this agenda, as follows: 1-E Waiver of Fees of the Conditional Use Permit Modification for La Charia Grill. MOTION: Councilmember Garcia SECOND: Councilmember Pacheco Motion Carried BIB] 37210-U01 2001-U02 CC-U02 MIN-U02 09-19-2001-U02 LG1-U03 LI1-U03 FO8420-U03 FO8421-U03 DO8505-U03 C4-U03 MINUTES1-U03 11/14/2001-U04 ADMIN-U04 BIB] 37245-U01 2001-U02 09-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 DO8505-U03 C4-U03 MINUTES1-U03 11/14/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 BIB] 37284-U01 2001-U02 09-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 FO8621-U03 DO8505-U03 C4-U03 MINUTES1-U03 11/14/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 2001 09 19 CC MINòw @˜‡i2001 09 19 CC MINZFäZHsí2001 CC MIN 09-19-2001HnÁCity Council Minutes September 19, 2001 Page 3 CONSENT CALENDAR PRESENTED Councilmember Garcia requested that the following item be removed from the Consent Calendar and brought back at the next meeting for approval: 1) Item 1 A MINUTES SEPTEMBER 5, 2001 REGULAR) A motion was made approve Consent Calendar Item Nos. A E, with the exception of the September 5, 2001 Regular Session), as presented, and as follows: MOTION: Councilmember Pacheco SECOND: Mayor Pro Tern Gair Motion Carried MINUTES The minutes of June 20, 2001 Study and Regular) and September 5, 2001 Study), were approved as presented. CLAIMS AND DEMANDS Further reading was waived, read by title only and Resolution No. 2001-099 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 AUGUST, 2001 Report was received and filed. RESOLUTION APPROVING AN AMENDMENT TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY JOINT POWERS AGREEMENT ADDING THE CITY OF PALM SPRINGS AS A MEMBER CITY Further reading was waived, read by title only and Resolution No. 2001-100 entitled, A RESOLUTION OF THE CITY OF BALDWIN PARK APPROVING AN AMENDMENT TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY JOINT POWERS AGREEMENT ADMITTING TO MEMBERSHIP THE CITY OF PALM SPRINGS" was adopted WAIVER OF FEES OF THE CONDITIONAL USE PERMIT MODIFICATION FOR LA CHARLA GRILL The request of Ms. Carmen Sandoval, for a waiver of fees of the Conditional Use Permit Modification for the La Charia Grill, was approved. BIB] 37210-U01 2001-U02 CC-U02 MIN-U02 09-19-2001-U02 LG1-U03 LI1-U03 FO8420-U03 FO8421-U03 DO8505-U03 C4-U03 MINUTES1-U03 11/14/2001-U04 ADMIN-U04 BIB] 37245-U01 2001-U02 09-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 DO8505-U03 C4-U03 MINUTES1-U03 11/14/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 BIB] 37284-U01 2001-U02 09-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 FO8621-U03 DO8505-U03 C4-U03 MINUTES1-U03 11/14/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 2001 09 19 CC MINòw @˜‡i2001 09 19 CC MINZFäZHsí2001 CC MIN 09-19-2001HnÁCity Council Minutes September 19, 2001 Page 4 CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION MINUTES SEPTEMBER 5, 2001 Councilmember Garcia noted that a page was missing from the September 5, 2001 minutes. She requested that the minutes be brought back at the next meeting for approval. A motion was made to table the minutes of September 5, 2001, City Council Regular Session Minutes, to October 3, 2001. MOTION: Councilmember Garcia SECOND: Councilmember Pacheco Motion Carried PUBLIC HEARING A PUBLIC HEARING TO CONSIDER APPROVING REGULATIONS PERTAINING TO OUTDOOR DINING WITHIN THE CENTRAL BUSINESS DISTRICT AREA; CASE NO. AZC-145 Kim Zuppiger, Consultant, presented the report as follows: Ms. Zuppiger explained that the overall objective of the Ordinance is to allow outdoor dining in a pedestrian oriented commercial business district within the City of Baldwin Park. The City proposes to establish standards for outdoor dining within the public right-of-way in the Central Business District Area. Standards have been developed to ensure that the space used for outdoor dining will provide a desired public amenity, white at the same time allow for adequate pedestrian circulation. Standards for outdoor dining have been developed to help assist applicants with the design and management of their outdoor dining areas. Once codified, the standards would be used in the evaluation of outdoor dining applications. Standards include: eligible uses, eligible sites, design standards, standards of operation, and enforcement. Conditions would be code requirements that would be applied to individual permits for outdoor dining. Staff would use the list of standards to prepare conditions for individual Outdoor Dining requests. Staff has prepared a comprehensive list of conditions, however, not all of these conditions would not be applicable to each outdoor dining request. All projects must receive Design Review Committee approval. Upon approval, an Outdoor Dining License Agreement will be executed between the City and the Applicant. The Agreement will set the terms of the contract, insurance requirements, and other necessary contractual requirements. Mayor Lozano declared the public hearing OPEN for public participation. PROPONENTS: Carmen Sandoval, La Chala Grill Owner, expressed support of the Outdoor Dining Ordinance. Mayor Pro Tern Gair expressed her concern with regards to the effects of encroaching on the public right-a-way as it relates to public safety. She asked for a description of the proposed set-up at the La Charia Grill. Principal Planner Harbin responded, stating that Ms. Sandoval will be required to meet all of the requirements as outlined in the proposed Ordinance. There was no one else wishing to speak, therefore Mayor Lozano declared the public hearing CLOSED. Mayor Pro Tern Gair requested that Section 2 of the proposed ordinance be grammatically corrected by the City Attorney and that Exhibit B of the proposed resolution be changed in the section entitled, Eligible Uses" by changing the word statue to statutes. BIB] 37210-U01 2001-U02 CC-U02 MIN-U02 09-19-2001-U02 LG1-U03 LI1-U03 FO8420-U03 FO8421-U03 DO8505-U03 C4-U03 MINUTES1-U03 11/14/2001-U04 ADMIN-U04 BIB] 37245-U01 2001-U02 09-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 DO8505-U03 C4-U03 MINUTES1-U03 11/14/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 BIB] 37284-U01 2001-U02 09-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 FO8621-U03 DO8505-U03 C4-U03 MINUTES1-U03 11/14/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 2001 09 19 CC MINòw @˜‡i2001 09 19 CC MINZFäZHsí2001 CC MIN 09-19-2001HnÁCity Council Minutes September 19,2001 Page 5 A motion was made to waive further reading, read by title only and introduce Ordinance No. 1183 as corrected) entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING TITLE 15, CHAPTER 153 OF THE MUNICIPAL CODE TO ESTABLISH REGULATIONS FOR THE LICENSING AND OPERATION OF OUTDOOR DINING ON THE PUBLIC RIGHT-OF-WAY WITHIN THE DOWNTOWN/CENTRAL BUSINESS DISTRICT;" and further reading was waived, read by title only and Resolution No. 2001-101 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK RELATING TO THE LICENSING AND OPERATION OF OUTDOOR DINING ON THE PUBLIC RIGHT-OF WAY WITHIN THE DOWNTOWN CENTRAL BUSINESS DISTRICT" was adopted as corrected. MOTION: Mayor Pro Tern Gair SECOND: Councilmember Van Cleave Motion Carried REPORTS OF OFFICERS BILLBOARD ADVERTISING SCHEDULE TO DECEMBER 2002 A motion was made to receive and file. MOTION: Mayor Pro Tern Gair SECOND: Councilmember Garcia Motion Carried APPROVE THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE STATE GAS TAX FUND Director Sanchez presented the report as follows: This report is requesting the transfer of funds from the General Fund to State Gas Tax Fund. The City receives annual allocations from the gas tax fund, which are used for street improvements and repairs. During Fiscal Year 1997-1998, 1998-1999, and 1999-2000, the City adopted within their Capital Improvement Budget, some major street improvements and road repairs. During the course of completing these improvements, the City exceeded the annual gas tax allocation. State regulations prohibit the expenditure of the annual gas tax allocations in advance of the actual receipt of the funds during any fiscal year. As a result, we have accumulated a negative cash flow in the Gas Tax Fund of $614,918.00. The Gas Tax Fund cash deficit has been discussed, in detail, with the Council during the budget study sessions in the past, and more recently during the budget study sessions for Fiscal Year 2001- 2002. At that time, the Council was advised that once it was known what the actual dollar amount was, staff would bring back a recommendation to the City Council, to transfer the funds. The State Controller's Office is encouraging us to make this correction in the Gas Tax Fund to avoid any further audit findings and sanctions. At this time, we are requesting authorization from the City Council to transfer funds from the General Fund to the Gas Tax Fund in order to eliminate the cash deficit in the Gas Tax Fund in the amount of $614,918. Mayor Pro Tern Gair commended Director Sanchez for this extra-ordinary accomplishment. A motion made to authorize the transfer of funds in the amount of $614,918 from the General Fund carry-over) balance to the Gas Tax Fund balance for the purpose of eliminating the cash deficit in the Gas Tax Fund and authorize the Finance Director to make this transfer retroactive to June 30, 2000. MOTION: Mayor Pro Tern Gair SECOND: Councilmember Garcia Motion Carried BIB] 37210-U01 2001-U02 CC-U02 MIN-U02 09-19-2001-U02 LG1-U03 LI1-U03 FO8420-U03 FO8421-U03 DO8505-U03 C4-U03 MINUTES1-U03 11/14/2001-U04 ADMIN-U04 BIB] 37245-U01 2001-U02 09-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 DO8505-U03 C4-U03 MINUTES1-U03 11/14/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 BIB] 37284-U01 2001-U02 09-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 FO8621-U03 DO8505-U03 C4-U03 MINUTES1-U03 11/14/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 2001 09 19 CC MINòw @˜‡i2001 09 19 CC MINZFäZHsí2001 CC MIN 09-19-2001HnÁCity Council Minutes September 19, 2001 Page 6 COUNCIL / STAFF REQUESTS AND COMMUNICATIONS UTILIZING A BILLBOARD TO DISPLAY AMERICAN SOLIDARITY In light of the recent Worid Trade Center attack, Mayor Lozano inquired about utilizing a billboard within the city limits, to show our support for America. Director Forintos and Principal Planner Harbin stated that staff has already inquired about this. Unfortunately, the first available date for the city's use is in November. Mr. Forintos stated that he would continue his efforts to acquire the space. Mayor Lozano also requested that staff seek to obtain permission from Guadalajara Grill and Home Depot to allow the City to place American flags on their premises. He also inquired about having a rally in support of the victims of the tragic attack. AMERICAN FLAGS PURCHASED Chief Executive Officer Keller stated that the correct number of American flags ordered was 60, and not 600, as previously reported to the Council. She also stated that other patriotic items had been ordered and will be available next week. PARADE THEME Mayor Pro Tern Linda Gair suggested that the Spirit of America be incorporated into the theme of the upcoming parade. There were no objections. CHIEF KLING AND FIRE CHIEF HOKANSON THANKED FOR ASSISTING WITH KIWANIS PRESENTATION Chief Executive Officer Keller thanked Chief Kling for speaking at the Kiwanis meeting. She also thanked Los Angeles County Fire Chief Hokanson for sending Battalion Chief Virgil Chant to be present at the Kiwanis meeting. The Kiwanis received a very thorough briefing from both Chiefs and a lot of information regarding the tragedy on the East Coast. Discussion was also provided regarding the City and County's strategic planning as a result of this devastating tragedy. REQUEST TO ADJOURN MEETING IN MEMORY OF THE VICTIMS OF THE WORLD TRADE CENTER ATTACK Councilmember Pacheco requested that this meeting be adjourned in the memory of the victims of the New York, Washington and Pennsylvania casualties. There were no objections. ROTARY SPEAKER LIEUTENANT COLONEL KIRK BUSH Assistant to the Chief Executive Officer Bouton announced that today, the Rotary had an excellent speaker, Lieutenant Colonel Kirk Bush. The Lt. Colonel will be speaking at the Performing Arts Center on Thursday, September 18, 2001. She invited Council and the public to attend. BIB] 37210-U01 2001-U02 CC-U02 MIN-U02 09-19-2001-U02 LG1-U03 LI1-U03 FO8420-U03 FO8421-U03 DO8505-U03 C4-U03 MINUTES1-U03 11/14/2001-U04 ADMIN-U04 BIB] 37245-U01 2001-U02 09-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 DO8505-U03 C4-U03 MINUTES1-U03 11/14/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 BIB] 37284-U01 2001-U02 09-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 FO8621-U03 DO8505-U03 C4-U03 MINUTES1-U03 11/14/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 2001 09 19 CC MINòw @˜‡i2001 09 19 CC MINZFäZHsí2001 CC MIN 09-19-2001HnÁCity Council Minutes September 19, 2001 Page 7 ADJOURNMENT There being no further matters for discussion; the meeting was adjourned at 7:50 p.m., in memory of all the victims of the terrorist attack that took place on September 11, 2001, in New York, Washington and Pennsylvania. Approved by the Council at their meeting held October 3, 2001. BIB] 37210-U01 2001-U02 CC-U02 MIN-U02 09-19-2001-U02 LG1-U03 LI1-U03 FO8420-U03 FO8421-U03 DO8505-U03 C4-U03 MINUTES1-U03 11/14/2001-U04 ADMIN-U04 BIB] 37245-U01 2001-U02 09-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 DO8505-U03 C4-U03 MINUTES1-U03 11/14/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 BIB] 37284-U01 2001-U02 09-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 FO8621-U03 DO8505-U03 C4-U03 MINUTES1-U03 11/14/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05