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HomeMy WebLinkAbout2012 05 02 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING • MAY 2, 2012, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:07 p.m. INVOCATION The invocation was provided by Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Ricardo Pacheco Council Member Marlen Garcia Council Member Monica Garcia Mayor Pro Tem Susan Rubio Mayor Manuel Lozano • ANNOUNCEMENTS Mayor Lozano announced, as required by Government Code section 54954.3, that members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of$30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. Councilmember Pacheco announced that there will be an upcoming Spring Job Fair on May 8, 2012, at Morgan Park and briefly described the many services that will be available at the Fair. Mayor Pro Tem Rubio extended thanks to staff for their contribution and to the community for showing support for Arbor Day with their tremendous turnout; noted that the event was very well attended and recognized the Baldwin Park Police Department for their donations of trees for planting. Mayor Pro Tem Rubio also announced upcoming events that highlight the fight against cancer, with the Relay for Life, and the fight against breast cancer, with the Susan Komen Walk for the Cure event. Councilmember Garcia expressed sorrow in the announcement that Fidel Vargas, a long time Baldwin Park resident, succumbed to cancer recently; requested that the meeting be closed in his memory and expressed appreciations for his community participation over the many years. Treasurer Contreras asked that the meeting be closed in memory of Michael Miranda, whose family history can be traced back generations in the city of Irwindale. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • • Plaque of Recognition to the Seniors of the Year Honorees, Bobby Chavez and Jacqueline Williams Mayor Pro Tern Rubio presented a plaque to Mr. Bobby Chavez and Ms. Jacqueline Williams in recognition of their being selected as Seniors of the Year and thanked them for their positive contribution to community. • Proclamation proclaiming "May" as Older American Month Mayor Pro Tern Rubio declared May as "Older American Month" and thanked all those seniors make a positive contribution to community through their tireless efforts. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:12 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Baldwin Park resident, requested clarification on Item No. 12 on this evening's Ken Woods, a q 9 a 9 enda. Vida Flores, Baldwin Park resident, announced that there will be an upcoming fund raiser golf tournament to benefit the Flores Music Scholarship Fund; noted that tickets to compete are still available and that there will also be a brunch; also announced that student auditions have been completed and the scholarship selection process is underway, and that she and her husband • would like to announce the scholarship winners at a future meeting. Jessica, American Cancer Society, announced a new event, "Making Strides Against Breast Cancer," will be holding an event on July 21st to bring attention to the need for the early detection of breast cancer, and to raise awareness of the fact that it affects men and women, young and old; extended an invitation for Council to attend a kick-off luncheon on July 19tH Myra Vargas and Annette Staley, both Baldwin Park residents and committee members for the American Cancer Society, encourage members of the community to attend the "Making Strides" event and stressed the importance of everyone getting involved with fight against breast cancer. Mayor Pro Tem Rubio asked that the event to published on the front page of the next Baldwin Park NOW to be published. Seeing no others wishing to speak, Public Communications closed at 7:25 p.m. CONSENT CALENDAR 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio • NOES: None. ABSENT: None. ABSTAIN: None. Page 2 of 9 2. MONTHLY FINANCIAL REPORT: MARCH • Staff recommends that Council receive and file the monthly financial report for the period ending March 2012 A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to receive and file the monthly financial report for the period ending March 2012. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL Staff recommends the City Council approve the preparation and presentation of the plaques and proclamation as outlined in the staff report. A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to approve the preparation and presentation of the plaques and proclamation as outlined in the staff report. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. SECOND READING OF ORDINANCE 1346- AN AMENDMENT AND RESTATEMENT • TO CHAPTERS 152 (SUBDIVISION REGULATIONS) AND 153 (ZONING CODE) OF THE CITY OF BALDWIN PARK MUNICIPAL CODE (LOCATION; CITYWIDE: APPLICANT: CITY OF BALDWIN PARK: CASE NUMBER: Z-553 AND AZC-163) Staff recommends the City Council read by title only and adopt on second reading, Ordinance No. 1346 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING RESTATEMENTS AND AMENDMENTS TO CHAPTERS 152 (SUBDIVISION REGULATIONS) AND 153 (ZONING CODE) OF THE BALDWIN PARK MUNICIPAL CODE AND THE CITY'S ZONING MAP (LOCATIONS: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBERS: Z-553 AND AZC- 163). A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to approve and adopt Ordinance No. 1346, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING RESTATEMENTS AND AMENDMENTS TO CHAPTERS 152 (SUBDIVISION REGULATIONS) AND 153 (ZONING CODE) OF THE BALDWIN PARK MUNICIPAL CODE AND THE CITY'S ZONING MAP (LOCATIONS: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBERS: Z-553 AND AZC- 163). AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. • Page 3 of 9 5. APPROVAL TO PARTICIPATE IN THE 2012 SUMMER LUNCH PROGRAM Staff recommends the City Council 1) Authorize staff to submit an application to the State • of California, Department of Education to participate in the 2012 Summer Lunch Program; and 2) Authorize the Director of Recreation and Community Services to execute all Sumer Lunch Program documents, including the agreement with El Monte Union High School District; and 3) Allocate $40,000 from the General Fund to administer the program. A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to 1) Authorize staff to submit an application to the State of California, Department of Education to participate in the 2012 Summer Lunch Program; and 2) Authorize the Director of Recreation and Community Services to execute all Sumer Lunch Program documents, including the agreement with El Monte Union High School District; and 3) Allocate $40,000 from the General Fund to administer the program. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. AWARD OF CONTRACT FOR PYROTECHNIC SERVICES FOR THE FOURTH OF JULY FIREWORKS CELEBRATION Staff recommends the City Council 1) Award contract for one additional show to Pyro Spectaculars, Inc. for professional pyrotechnic services related to the 4th of July Fireworks Celebration in the amount of $14,500 and 2) Authorize the Director of Recreation and Community Services to execute the attached agreement. • A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to 1) Award contract for one additional show to Pyro Spectaculars, Inc. for professional pyrotechnic services related to the 4th of July Fireworks Celebration in the amount of $14,500 and 2) Authorize the Director of Recreation and Community Services to execute the attached agreement. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. AWARD A CONTRACT FOR THE CONSTRUCTION OF THE SYRACUSE ALLEY IMPROVEMENTS TO MORENO ENGINEERING INC. IN THE AMOUNT OF $54,906 Staff recommends the City Council 1) award a Construction Contract to Moreno Engineering, Inc. in the amount of $54,906; and 2) authorize the Mayor to execute the Agreement shown in Attachment 3; and 3) authorize the Director of Public Works to execute any necessary change orders in an amount not to exceed ten percent (10%) of the original contract. A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to 1) award a Construction Contract to Moreno Engineering, Inc. in the amount of $54,906; and 2) authorize the Mayor to execute the Agreement shown in Attachment 3; and 3) authorize the Director of Public Works to execute any necessary change orders in an amount not to exceed ten percent (10%) of the • original contract. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio Page 4 of 9 NOES: None. ABSENT: None. • ABSTAIN: None. PUBLIC HEARING 8. A REQUEST FOR APPROVAL OF AN AMENDMENT TO SECTION 153.442 OF THE CITY'S MUNICIPAL CODE RELATING TO MASSAGE USE (LOCATION: ALL COMMERCIAL AND INDUSTRIAL ZONED PROPERTIES; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC-172) PARK; CASE NO.: AZC-172) Staff recommends the City Council open the public hearing and following the public hearing adopt Resolution 2012-018 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO MASSAGE/ACUPRESSURE LAND USES (LOCATION: ALL COMMERCIAL AND INDUSTRIAL ZONED PROPERTIES; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC-172;" and introduce for first reading, read by title only and waive further reading of Ordinance 1351, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 153.442 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO MASSAGE/ACUPRESSURE USES." Mayor opened the Public Hearing at 7:29 p.m. and invited those wishing to speak in favor of the item to step forward. The Mayor then invited those wishing to speak in opposition to the item to come forward to speak. • Seeing no others wishing to speak, the Mayor closed the Public Hearing at 7:30 p.m. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to adopt Resolution 2012-018, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO MASSAGE/ACUPRESSURE LAND USES (LOCATION: ALL COMMERCIAL AND INDUSTRIAL ZONED PROPERTIES; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC-172;" and introduce for first reading, read by title only and waive further reading of Ordinance 1351, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 153.442 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO MASSAGE/ACUPRESSURE USES." AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 9. PUBLIC HEARING REGARDING THE FISCAL YEAR 2012-2013 ANNUAL ACTION PLAN AND THE CITIZEN PARTICIPATION PLAN AND THE AMENDMENT TO THE FY 2011-2012 ANNUAL ACTION PLAN Staff recommends the City Council conduct the public hearing and following the public hearing, approve 1) Public Service Reallocation of the $1,000 surplus; 2) FY 2012-2013 • Annual Action Plan; 3) FY 2012-2013 Citizen Participation Plan and 4) Amendment to FY 2011-2012 Annual Action Plan. Page 5 of 9 Mayor opened the Public Hearing at 7:29 p.m. and invited those wishing to speak in favor of the item to step forward. • The Mayor then invited those wishing to speak in opposition to the item to come forward to speak. Seeing no others wishing to speak, the Mayor closed the Public Hearing at 7:30 p.m. A motion was made by Rubio, seconded by Pacheco, to reallocate the $1,000 surplus back to the St. John's Church. Councilmember Garcia voice objection. Councilmember Marlen Garcia engaged discussion by suggesting that the funds be allocated to the Youth Employment Program, to better all citizens in the community. Councilmember Monica Garcia voiced her support for this position. Following discussion, Mayor Lozano recognized the motion, second and objection, and then called on the City Clerk to take the vote by roll call for the reallocation of $1,000 to St. John's Church. A motion was made by Rubio, seconded by Pacheco, to reallocate the $1,000 surplus to St. John's Church. The City Clerk recorded the following Roll Call Vote: AYES: Pacheco, Rubio NOES: Garcia, Garcia, Lozano ABSENT: None. ABSTAIN: None. This motion failed by a vote of(2-3). • A motion was made by Garcia, seconded by Garcia, to reallocate the $1,000 surplus to the Summer Youth Employment Program. Councilmember Pacheco voiced objection. Mayor Lozano called upon the City Clerk to record the vote by Roll Call. Roll Call vote is recorded as follows: AYES: Garcia, Garcia, Lozano, Rubio NOES: Pacheco ABSENT: None. ABSTAIN: None. The motion was made by Garcia, seconded by Garcia, to reallocate the $1,000 surplus to the Summer Youth Employment Program, carried by a vote of(4-1). The motion was made by Rubio, seconded by Garcia, and carried (5-0) to approve the FY 2012-2013 Annual Action Plan; FY 2012-2013 Citizen Participation Plan and Amendment to FY 2011-2012 Annual Action Plan. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. • Page 6 of 9 REPORTS OF OFFICERS 10. CONTINUED FROM MEETING OF APRIL 11, 2012 - REVIEW OF COMMISSION • APPLICANTS AND CONSIDERATION OF APPOINTMENTS AND/OR REAPPOINTMENTS TO FILL THE JUNE 30, 2011 SCHEDULED VACANCIES FOR THE HOUSING COMMISSION AND PERSONNEL COMMISSION Staff recommends the City Council review all Commission applications and provide direction to staff. Councilmember Pacheco asked that each member be provided the opportunity to nominate individuals to each commission. A motion was made by Pacheco, seconded by Rubio, to nominate Auggie Galvis for the Housing Commission. Councilmember Garcia voiced objection. Councilmember Garcia noted that she knows one of the applicants to be qualified as a Public Housing tenant, however, it is unknown whether the other applicants would qualify for the seat that requires that the person be over 62 years of age; suggested that two of the positions that do not have restrictions be filled with applicants as presented, and the two positions that have appointment restrictions (Public Housing tenant and Senior over 62) would then be re-advertised. Again, Councilmember Marlen Garcia asked that the item with a staff report that provides more background on each of the applicants, noting any special qualifications they may have that would allow appointment to the restricted seats. That being said,said Mayor Lozano directed staff to bring the appointment of applicants to Y the Housing Authority back at a future meeting and provide detailed backgrounds on each applicant. • A motion was made by Lozano, seconded by Pacheco, to appoint the two applicants, Yvonne Dominguez and Manuel Penate, as the student representatives on the Parks and Community Services Commission for a period of one year. There being no objections, the motion carried (5-0). AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. A motion was made by Garcia, seconded by Pacheco, and carried (5-0) to approve the selection of Lilliana Ramirez for appointment, and the reappointment of the incumbents Benson T. Lien and Nabor Gilbert Padilla, to serve on the Personnel Commission for a period of one year. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. • Page 7 of 9 4 CITY COUNCIL ACTING AS SUCCESSOR AGENCY • CONSENT CALENDAR 11. APPROVAL OF THE SECOND RECOGNIZED OBLIGATION PAYMENT SCHEDULE ("ROPS") FOR THE PERIOD FROM JULY THROUGH DECEMBER 2012 BY THE CITY COUNCIL AS GOVERNING BODY OF THE SUCCESSOR AGENCY OF THE COMMUNITY DEVELOPMENT COMMISSION Staff recommends the City Council, as the governing Board of the Successor Agency, to the dissolved Community Development Commission of the City of Baldwin Park, approve the ROPS. A motion was made by Lozano, seconded by Rubio, and carried (5—0) to receive and file the monthly financial report for the period ending March 2012. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 12. APPROVAL OF THE SUCCESSOR AGENCY'S AND OVERSIGHT BOARD'S ADMINISTRATIVE BUDGET AND CASH BALANCE STATEMENT Staff recommends the City Council, as the governing body of the Successor Agency, 1) approve the Administrative Budget and Cash Balance Statement; 2) Authorize the Successor Agency to initiate action to recover the revenue shortfall from the County; and 3)Authorize staff to notify the bond trustees of the possible shortage and/or nonpayment if sufficient bonds are not received from the County in June 2012 A motion was made by Lozano, seconded by Rubio, and carried (5— 0) to receive and file the monthly financial report for the period ending March 2012. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL/CITY CLERK/ CITY TREASURER/STAFF REQUESTS & COMMUNICATIONS Councilmember Garcia reported back from the San.Gabriel Valley Council of Governments (COG) meeting that she recently attended; discussion of L.A. County Water Quality Funding Initiative; anticipates the initiative will create a tax liability for businesses and residents in Baldwin Park; sought input and determine the position of Council on this proposed initiative; noted that there is a mid-May deadline associated with this initiative so prompt response is needed. Discussion ensued and concern was expressed regarding the implications of additional taxes on the residents; noted that of the taxes collected, only 40% of the total revenue generated would be passed on to the City; most Councilmembers expressed objection to the initiative and suggested that this position be passed on to COG. City Attorney advised the Mayor and Council that the item is not agendized and should not be discussed any further. Council was in agreement that this item would be agendized and a • recommendation will be made at that time. Page 8 of 9 Councilmember Marlen Garcia reported that she was invited to be a guest speaker at the National Association of Latino Elected Officials (NALEO); noted that there were a number of cities • represented and the various events were informative. Councilmember Garcia also requested that the "Walk With the Mayor" be resurrected and encourage the interaction of Council with the community. Councilmember Garcia went on to recommend that those persons being selected to serve on a Commission undergo a background check to insure that individuals do not have any criminal history. Mayor Lozano requested that at the sight located adjacent to the Home Depot parking lot, the landscape is not being maintained property and he asked that property owners be directed to install water-tolerant plants in the area. ADJOURNMENT There .-ing no other business to discuss, and all other matters having been addressed, a motion :sit . de by Lozano, conded by Pacheco, to adjourn the m/ eeti t 8: p.m. May ATTE � Manuel Lozano, Mayor Alejand Avila, City Clerk APPROVED: 7// • • Page 9 of 9