Loading...
HomeMy WebLinkAbout2007 08 09NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held THURSDAY, AUGUST 9, 2007 at 5:00 P.M. at City Hall — Room 307, 14403 E. Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda, Dated: August 8, 2007 NO OTHER BUSINESS WILL BE DISCUSSED AFFIDAVIT OF POSTING "original signed" Manuel Lozano Mayor I, Rosemary M. Gutierrez, Chief Deputy City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and to the San Gabriel Valley Tribune, and that I posted said notice as required by law on August 8, 2007. K. ,,- 1 7� 2 , &,�j Rosemary M. Gutierrez Chief Deputy City Clerk City Council Special Meeting Agenda — August 9, 2007 AGENDA BALDWIN PARK CITY COUNCIL SPECIAL MEETING Please Note AUGUST 9, 2007 Time & 5:00 P.M. Location CITY HALL - ROOM 307 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 A.A.L.DWIN Manuel Lozano - Mayor Marlen Garcia - Mayor Pro Tern Anthony J. Bejarano - Council Member David J. Olivas - Council Member Ricardo Pacheco - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita at publico a didgirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas an esta agenda, agenda on any matter posted on the agenda or pars hablar sobre cualquier asunto publicado en la on any other matter within its jurisdiction. If you agenda o cualquier tema que este bajo su jurisdiccibn. wish to address the City Council or any of its Si usted desea la oportunidad de dirigirse at Concilio o Agencies, you may do so during the PUBLIC alguna de sus Agencias, podre hacedo durance el COMMUNICATIONS period noted on the perfodo de Comentarlos del Publico (Public agenda. Each person is allowed five (5) minutes Communications) anunciado en la agenda. A cada speaking time. A Spanish - speaking interpreter is persona se le permite hablar por cinco (5) minutos, available for your convenience. Hay un infer rete Para su conveniencia. City Council Special Meeting Agenda — August 9, 2007 CITY COUNCIL SPECIAL MEETING -- 5:00P.M. CALL TO ORDER ROLL CALL: Councilmembers: Anthony -J. Bejarano, David J. Olivas, Ricardo Pacheco, Mayor Pro Tom Marlon Garcia and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos sera el limite pare hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FA VOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETS No se podra tomar accion on algun asunto a menos quo sea incluido en la agenda, o a menos que exists alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] NEW BUSINESS 1. RESOLUTIONS RELATING TO THE PLACEMENT OF A BALLOT MEASURE ON THE NOVEMBER 6, 2007 GENERAL MUNICIPAL ELECTION RELATING TO UTILITY USERS TAX Staff recommends City Council consider placing a measure on the November 6, 2007 ballot relating to an increase to the existing utility user's tax. Should the Council wish to proceed then staff recommends City Council 1) waive further reading, read by title only and adopt Resolution No. 2007 -048 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, REQUESTING TO PLACE A MEASURE ON THE NOVEMBER 6, 2007 BALLOT FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO UTILITY USERS TAX "; and 2) waive further reading, read by title only and adopt Resolution No. 2007 -049 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS" and 3) REVIEW SECTION 1 OF RESOLUTION NO. 2007 -050 AND SELECT EITHER OPTION 1, WHICH AUTHORIZES SELECTED COUNCIL MEMBERS TO FILE WRITTEN ARGUMENTS IN FAVOR OR AGAINST THE MEASURE, OR OPTION 2 WHICH AUTHORIZES ALL MEMBERS OF THE CITY COUNCIL TO FILE ARGUMENTS IN FAVOR OF OR City Council Special Meeting Agenda —August 9, 2007 AGAINST THE MEASURE and, waive further reading, read by title only and adopt Resolution No. 2007 -050 (Section 1 --- Option 1 or 2) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENT(S) AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS RELATING TO THE MEASURE TO BE SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 6,2007". ADJOURNMENT CERTIFICATION I, Rosemary M. Gutierrez, Chief Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting. Dated August 8, 2007. 1�U ' Rosemary M. Gutierrez Chief Deputy City Clerk PLEASE (VOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2°d Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 108 or 626.960.4091, ext. 466 or via e -mail at r utierrez baldwin ark.com orinieto(CDbaldwinpark.com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Special Meeting Agenda — August 9, 2007 r■ AIR TO: FROM: DATE: CITY OF BALDWIN PARK Honorable Mayor and City Council Members Rosemary M. Gutierrez, Chief Deputy City Cler August 9, 2007 AGENDA REPORT SUBJECT: RESOLUTIONS RELATING TO THE PLACEMENT OF A BALLOT MEASURE ON THE NOVEMBER 6, 2007 GENERAL MUNICIPAL ELECTION RELATING TO UTILITY USER'S TAX PURPOSE The purpose of this report is to request adoption of certain resolutions that: 1) adds a measure to the November 6, 2007 General Municipal Election Ballot relating to an increase to the existing Utility User's Tax; 2) provide for the filing of rebuttal arguments, and 3) sets priorities for filing written arguments and directs the City Attorney to prepare an impartial analysis. BACKGROUNDIDISCUSSION At their meeting held May 16, 2007, the City Council adopted Resolution No. 2007 -024 Calling and Giving Notice of a General Municipal and Resolution No. 2005 -025 requesting to consolidate with the Los Angeles County's UDEL (School) election to be held November 6, 2007. A special meeting was called by the Mayor to be held on August 9, 2007 for the purpose of discussing and approving the placement of a proposed measure before the voters at the election to be held November 6, 2007, requesting an increase to the existing utility user's tax. In order for the measure to be added to the November 61h ballot, the City Council must adopt specific resolutions as follows: Resolution No. 2007 -048 authorizes the submission of a measure to the voters relating to an increase to the existing Utility User's Tax. Resolution No. 2007 -049 provides for the filing of rebuttal arguments for the City measure. Agenda Report - Election Resolutions Page 2 Resolution No. 2007 -050 sets priorities for filing (a) written argument(s) regarding the City measure and directs the City Attorney to prepare an impartial analysis. The City Council is requested to review Section 1 of this Resolution and select either Option 1, which authorizes selected Council Members to rile written arguments in Favor or Against; OR Option 2 which authorizes ALL members of the City Council to file Arguments in Favor of or Against the measure. Please note, that if more than two (2) Councilmembers are going to write the Argument or rebuttal for or against, they need to discuss the language of the argument only at a duly noticed public meeting, per the Brown Act. Two (2) members could prepare a draft outside of a noticed meeting, but if any other members want to give inputifeedback on the argument and/or rebuttal that must be done at a noticed meeting. If only two (2) members write the argument and/or rebuttal, then any other members could sign them without a meeting as long as no changes to the argumentlrebuttal are made after review by those who didn't prepare it. It should also be noted that the City Clerk MUST file the appropriate resolutions with the Board of Supervisors and Registrar - Recorder /County Clerk no later than 5:00 p.m. on Friday, August 10, 2007. Additionally, the last day for County Elections Officials to receive a resolution from the City Council requesting to withdraw (or amend) the measure is AUGUST 15, 2007. RECOMMENDATION Staff recommends City Council consider placing a measure on the November 6, 2007 ballot relating to an increase to the existing utility user's tax. Should the Council wish to proceed with the placement of the measure on the November 6, 2007 ballot, then staff recommends City Council: 1) waive further reading, read by title only and adopt Resolution No. 2007 -048 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, REQUESTING TO PLACE A MEASURE ON THE NOVEMBER 6, 2007 BALLOT FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO UTILITY USERS TAX "; and 2) waive further reading, read by title only and adopt Resolution No. 2007 -049 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS and 3) REVIEW SECTION 9 OF RESOLUTION NO. 2007 -050 AND SELECT EITHER OPTION 1, WHICH AUTHORIZES SELECTED COUNCIL MEMBERS TO FILE WRITTEN ARGUMENTS IN FAVOR OR AGAINST THE MEASURE, OR OPTION 2 WHICH AUTHORIZES ALL MEMBERS OF THE CITY COUNCIL TO FILE ARGUMENTS IN FAVOR OF OR AGAINST THE MEASURE and, waive further reading, read by title only and adopt Resolution No. 2007 -050 (Section 1 — Option 1 or 2) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENT(S) AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS RELATING TO THE MEASURE TO BE SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 6,2007-. Agenda Report - Election Resolutions Attachments: • Resolution No. 2007 -048 • Resolution No. 2007 -049 • Resolution No. 2007 -050 Page 3 RESOLUTION NO. 2007 -048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE PLACEMENT OF A MEASURE FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO AN INCREASE TO THE CITY'S UTILITY USER'S TAX WHEREAS, on May 16, 2007, the City Council of the City of Baldwin Park adopted Resolution No. 2007 -024 Calling and Giving Notice and ordered to be held a General Municipal Election in the City on November 6, 2007; and WHEREAS, on May 16, 2007, the City Council of the City of Baldwin Park adopted Resolution No. 2007 -025 requesting the Board of Supervisors of the County of Los Angeles to consolidate a General Municipal Election to be held on November 6, 2007, with the County's Uniform District Election (UDEL School Election) pursuant to § 10403 of the Elections Code; and WHEREAS, the City Council desires to submit to the voters at the election a question relating to an increase to the City's Utility User's Tax. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the state of California relating to General Law Cities and in accordance with Resolution No. 2007 -024, an election has been called and ordered to be held in the City of Baldwin Park, California, on Tuesday, November 6, 2007. Section 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question: MEASURE SHALL THE CITY OF BALDWIN PARK'S UTILITY USER'S YES TAX, WHICH IS USED FOR CITY SERVICES BE INCREASED FROM % TO %? NO Section 3. That the requirement for passage of the measure shall be the majority of the votes cast. Section 4. That the proposed complete text of the measure (Ordinance) submitted to the voters is attached as Exhibit "A ". Resolution No. 2007 -048 Page 2 Section 5. That in all particulars not recited in this resolution, the election shall be held and conducted in accordance with Resolution Nos. 2007 -024, Resolution No. 2007 -025 and as provided by law for holding municipal elections. Section 6. That notice of the placement of this measure on the ballot is hereby given and the City Clerk is authorized, instructed and directed to give further or additional notice of this action in time, form and manner as required by law. Section 7. That the City Clerk is hereby directed to file a certified copy of this resolution as follows: L.A. Co. Board of Supervisors Sachi A. Jamal, Executive Officer Room 383 Kenneth Hahn Hall of Administration 500 West Temple Street Los Angeles, CA 90012 L.A. Co. Registrar - Recorder /County Clerk Election Coordination Section 3' Floor, Room 3207 12400 E. Imperial Hwy. Norwalk, CA 90650 Section 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED this 91h day of August, 2007 MANUELLOZANO MAYOR Resolution No. 2007 -048 Page 3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a SPECIAL meeting held August 9, 2007 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ROSEMARY M. GUTIERREZ CHIEF DEPUTY CITY CLERK Resolution No. 2007 -048 Page 4 ORDINANCE NO. AN ORDINANCE OF THE PEOPLE OF THE CITY OF BALDWIN PARK, CALIFORNIA, TO INCREASE THE UTILITY TAX FROM % TO _% BY AMENDING SECTION 35.092 OF THE BALDWIN PARK MUNICIPAL CODE WHEREAS, at the General Municipal Election held November 6, 2007, the electors of the City of Baldwin Park approved Measure pertaining to increasing the Utility User's Tax within the City of Baldwin Park. NOW, THEREFORE, THE PEOPLE OF THE CITY OF BALDWIN PARK DO HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Section 35.092 of the Baldwin Park Municipal Code is hereby amended in its entirety to read as follows: § 35.092. TAX IMPOSED There is imposed an annual utility tax in the amount of % to raise revenues for the general governmental purposes of the city. SECTION 2. That the City Council is authorized to amend the me as necessary to assure the me corresponds to the rates set forth in section 1 above. RESOLUTION NO. 2007 -049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 6, 2007 WHEREAS, a General Municipal Election is to be held in the City of Baldwin Park on November 6, 2007, at which the following measure will be submitted to the voters: MEASURE SHALL THE CITY OF BALDWIN PARK'S UTILITY USER'S TAX, YES WHICH IS USED FOR CITY SERVICES, BE INCREASED FROM % TO %? NO WHEREAS, Sections 9220 and 9285 of the Elections Code of the State of California authorize the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for City measures submitted at a Special Election to be held on November 6, 20075. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to Sections 9220 and 9285 of the California Elections Code, when the Elections Official has selected the arguments for and against the Measure that will be printed and distributed to the voters, the Elections Official shall send a copy of the argument in favor of the measure to the authors of any argument against the measure, and a copy of the argument against the measure to the author of the argument in favor of the measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a City measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. A rebuttal argument may not be signed by more than five. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than ten (10) days after the final date for filing direct arguments. The rebuttal argument(s) shall be accompanied by the Form of Statement to be filed by the Author(s) of Argument. Resolution No. 2007 -049 Page 2 Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. Section 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. Section 3. That the provisions of Section 1 shall apply only to the election to be held on November 6, 2007. Section 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED 9T" DAY OF AUGUST, 2007. MANUEL LOZANO MAYOR Resolution No. 2007 -049 Page 3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a SPECIAL meeting held August 9, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ROSEMARY M. GUTIERREZ CHIEF DEPUTY CITY CLERK RESOLUTION NO. 2007 -050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS RELATING TO THE MEASURE TO BE SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 6, 2007 WHEREAS, a General Municipal Election is to be held in the City of Baldwin Park on November 6, 2007, at which there will be submitted to the voters the following measure: MEASURE SHALL THE CITY OF BALDWIN PARK'S UTILITY USER'S TAX, WHICH YES IS USED FOR CITY SERVICES BE INCREASED FROM % TO %? NO NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Argument(s) in Favor or Against City Measure OPTION 9. That the City Council authorizes (Councilmember in favor) (Councilmember Against) (Councilmember in favor) (Councilmember Against) (Councilmember in favor) (Councilmember Against) (Councilmember in favor) (Councilmember Against) (Councilmember in favor) (Councilmember Against) members of that body to file (a) written argument(s) against the City measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Cade of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for oragainst the City measure may be submitted to the City Clerk. OR OPTION 2. That the City Council authorizes all members of the City Council to rile (a) written argument(s) in Favor oforAgainst the City measure, accompanied by the Resolution No. 2007 -050 Page 2 printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. The Argument(s) shall be filed with the City Clerk, signed with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name of the signature of at least one of its principal officers who is the author of the Argument. The Argument(s) shall be accompanied by the "Form of Statement To Be Filed By Author(s) of Argument. Section 2. Impartial Analysis That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, unless the organization or salaries of the office of the City Attorney are affected. The City Attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. Section 3. That the City Clerk shall certify to the adoption of this Resolution and shall cause the same to be processed in the manner required by law. APPROVED AND ADOPTED this 9th day of August, 2007. MANUEL LOZANO MAYOR Resolution No. 2007 -050 Page 3 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK 1, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a SPECIAL meeting held August 9, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ROSEMARY M. GUTIERREZ CHIEF DEPUTY CITY CLERK