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Home My WebLink About2002 12 04 CC MIN2002 12 04 CC MIN;¢f4ÐCOUNCIL CHAMBER DECEMBER 4. 2002 14403 E. PACIFIC AVENUE WEDNESDAY BALDWIN PARK. CA 91706 7:00 P.M. The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and place. ROLL CALL Present: Councilmembers: Linda Gair, Ricardo Pacheco. Bill Van Cleave. Mayor Pro-Tem Marlen Garcia, and Mayor Manuel Lozano Also Present: Dayle Keller, Chief Executive Officer; Joanne Africa. Deputy City Attorney; Mark Kling, Chief of Police; Jose Sanchez, Finance Director; Shafique Nayier, Public Works Director; Melecio Picazo, Interim Community Development Director; Manny Carrillo, Recreation/Community Services Director; Dolores Gonzatez-Hayes. Housing Director; Maria A. Contreras, City Treasurer; Rosemary M. Ramirez, Chief Deputy City Clerk and Kathleen Sessman, Deputy City Clerk ANNOUNCEMENTS Councilmember Pacheco announced that the Baldwin Park Christmas Lighting ceremony will be held at on December 5. 2002, at 7:00 p.m. and the Snow test will be held on Saturday, December 7, 2002, beginning at 10:00 a.m. Mayor Lozano reported that he had recently hosted tours of the city hall, council chamber and police department facilities to over 600 children from the local elementary schools. Certificates were distributed to each student participant. Mayor Lozano thanked Captain Steadman for his assistance with the distribution of the Thanksgiving meals. PROCLAMATIONS, PRESENTATIONS AND COMMENDATIONS A Kidney Foundation Proclamation was presented. PUBLIC COMMUNICATIONS Maureen Poppick. resident of Baldwin Park. spoke about various issues regarding the Baldwin Park Unified School District. CONSENT CALENDAR APPROVED A motion was made approve Consent Calendar Item Nos. A-H as presented, and as follows: MOTION: Councilmember Gair SECOND: Mayor Pro Tern Garcia Carried BIB] 37638-U01 2002-U02 12-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8936-U03 C4-U03 MINUTES1-U03 1/16/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 12 04 CC MIN;¢f4ÐCity Council Minutes December 4. 2002 Page 2 CLAIMS AND DEMANDS 3o&-3o, Further reading was waived, read by title only and Resolution No. 2002-109 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). APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE AND SOLICIT BIDS FOR THE CONSTRUCTION OF GAS TAX STREETS, CIP 850 BOO^O) The City Coundl approved the Plans and Specifications for the Gas Tax Street Project. CIP 850 and authorized staff to advertise and solicit bids for construction. APPROVE REQUEST FOR PROPOSAL FOR THE DESIGN AND INSPECTION OF CAPITAL IMPROVEMENT PROJECTS MO-IO) The City Council approved the Request for Proposal as prepared and authorized staff to solicit for proposals from various consulting firms. RESOLUTION APPROVING APPROPRIATION FOR LOCAL APPORTIONMENT FUNDS ESTABLISHED BY SB821 BICYCLE AND PEDESTRIAN FUNDS 390-36) Further reading was waived, read by title only and Resolution No. 2002-108 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN." was adopted. RESOLUTION AMENDING THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY ICRMA) JOINT EXERCISE OF POWERS AGREEMENT TO AUTHORIZE A MEMBER CITY TO APPOINT A SUBSTITUTE ALTERNATE REPRESENTATIVE TO THE GOVERNING BOARD BIO^O) Further reading was waived, read by trtle only and Resolution No. 2002-110 entitted. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY tCRMA) JOINT EXERCISE OF POWERS AGREEMENT TO AUTHORIZE A MEMBER CITY TO APPOINT A SUBSTITUTE ALTERNATE REPRESENTATIVE TO THE GOVERNING BOARD." was adopted. RESOLUTION AMENDING BASIC SALARY PLAN FOR EMPLOYEES OF THE CITY OF BALDWIN PARK 700-20) Further reading was waived, read by title only and Resolution No. 2002-112 entitled. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING A BASIC SALARY PLAN FOR EMPLOYEES OF THE CITY OF BALDWIN PARK POLICE CHIEF EFFECTIVE AUGUST 1. 2002); DIRECTOR OF COMMUNITY DEVELOPMENT EFFECTIVE NOVEMBER 20, 2002); AND RECLASSIFICATIONS EFFECTIVE DECEMBER 8. 2002), OF THE PERSONNEL ANALYST I, LEAD CODE ENFORCEMENT OFFICER, AND CHIEF DEPUTY CITY CLERK MANAGEMENT CLASSIFICATION)." was adopted. BIB] 37638-U01 2002-U02 12-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8936-U03 C4-U03 MINUTES1-U03 1/16/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 12 04 CC MIN;¢f4ÐCity Council Minutes December 4, 2002 Page 3 TERMINATION OF CURRENT HELICOPTER AGREEMENT AND INITIATION OF A NEW AGREEMENT WITH THE CITY OF EL MONTE BOO-SO) The City Council terminated the existing contractual Agreement, approved a new Agreement with the City of El Monte for delivery of helicopter services, and authorized the Mayor to execute the Agreement. PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN FOR CONSULTING SERVICES WITHIN THE PLANNING DIVISION 6oo-3o> The City Council approved the Professional Services Agreement with Wiltdan in an amount not to exceed $53,000 to provide consultant services within the Planning Division and authorize the Mayor to execute the Agreement. PUBLIC HEARING PUBLIC HEARING TO CONSIDER A REQUEST FOR APPROVAL OF A ZONE CHANGE TO ALLOW THE PLANNED DEVELOPMENT PD) OVERLAY ON AN EXISTING RG, MULTI-FAMILY RESIDENTIAL GARDEN ZONE AND APPROVAL TO ALLOW A DEVELOPMENT PLAN FOR THE CONSTRUCTION OF A NINE 9) UNIT SINGLE-FAMILY DETACHED RESIDENTIAL DEVELOPMENT; LOCATION: 3933 BRESEE AVENUE; APPLICANT: JOSEPH KWOK. REPRESENTING KOBA PROPERTIES 44<wo&4io^o» Mayor Lozano declared the public hearing OPEN for public participation. There was no one wishing to speak, therefore Mayor Lozano declared the public hearing CLOSED. A motion was made to waive further reading, read by title only and introduce for first reading Ordinance No. 1200 entitled. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CHANGE OF ZONE FROM RG TO RG(PD) FOR PROPERTY LOCATED AT 3933 BRESEE AVENUE APPLICANT: JOE KWOK, REPRESENTING KOBA PROPERTIES; CASE NO.: Z-528;" and MOTION: Councilmember Gair SECOND: Mayor Pro Tern Garcia Carried A motion was made to waive further reading, read by title only and adopt Resolution No. 2002-111 entitled. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A DEVELOPMENT PLAN ALLOWING THE CONSTRUCTION OF A NINE 9) UNIT SINGLE FAMILY DETACHED RESIDENTIAL DEVELOPMENT AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; APPLICANT: JOE KWOK. REPRESENTING KOBA PROPERTIES; LOCATION: 3933 BRESEE AVENUE; CASENO.:DR-19." MOTION: Councilmember Gair SECOND: Mayor Pro Tern Garcia Carried REPORTS OF OFFICERS Following the recommendation of the Fair Political Practice Commission FPPC), Deputy City Attorney Africa announced that Councilmember Gair has recused herself from participation, stepped off the council dais and out of the Chamber during Agenda Items 3-A and 3-B. BIB] 37638-U01 2002-U02 12-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8936-U03 C4-U03 MINUTES1-U03 1/16/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 12 04 CC MIN;¢f4ÐCity Council Minutes December 4, 2002 Page 4 APPROVAL OF A ZONE CHANGE TO ALLOW THE PLANNED DEVELOPMENT PD) OVERLAY ON THE EXISTING RG, RESIDENTIAL GARDEN ZONE AND A DEVELOPMENT PLAN TO ALLOW THE CONSTRUCTION OF A SIXTEEN 16) UNIT SINGLE-FAMILY DETACHED HOUSING DEVELOPMENT; LOCATION: 3722-3736 MERGED AVENUE; APPLICANT: D.C. CORPORATION; CASE NOS.: Z-526 AND DR-18 Public Hearing Opened and Closed on November t, 2002) 44040 & 410-80) A motion was made to waive further reading, read by title only and introduce for first reading, Ordinance No. 1197 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CHANGE OF ZONE FROM RG TO RG PD) ON THE PROPERTY LOCATED AT 3722-3736 MERGED AVENUE; APPLICANT: D.C. CORPORATION; CASE NO.: Z-526," and a motion was made to waive further reading, read by title only and adopt Resolution No. 2002-100 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING A DEVELOPMENT PLAN ALLOWING THE CONSTRUCTION OF A SIXTEEN 16) UNIT SINGLE-FAMILY DETACHED RESIDENTIAL HOUSING DEVELOPMENT AND APPROVING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; APPLICANT: D.C. CORPORATION; LOCATION: 3722-3736 MERGED AVENUE; CASE NO.: DR-18." MOTION: Mayor Lozano SECOND: Mayor Pro Tern Garda Carried APPROVAL OF A ZONE CHANGE TO ALLOW THE PLANNED DEVELOPMENT PD) OVERLAY ON THE EXISTING R-1, SINGLE-FAMILY RESIDENTIAL ZONE AND A DEVELOPMENT PLAN TO ALLOW THE CONSTRUCTION OF A SEVENTEEN 17) UNIT SINGLE-FAMILY DETACHED HOUSING DEVELOPMENT; LOCATION: 3714% 3728 MAINE AVENUE; APPLICANT: D.C. CORPORATION; CASE NOS.: Z-527 AND DR-17 Public Hearing Opened and Closed on November 6,2002) 440-60 & 41040) A motion was made to waive further reading, read by title only and introduce for first reading, Ordinance No. 1198 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CHANGE OF ZONE FROM R-1 TO R-1 PD) ON THE PROPERTY LOCATED AT 3714 Vi 3728 MAINE AVENUE; APPLICANT: D.C. CORPORATION; CASE NO.: Z-527;" and a motion was made to waive further reading, read by title only and adopt Resolution No. 2002-101 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING A DEVELOPMENT PLAN ALLOWING THE CONSTRUCTION OF A SEVENTEEN 17) UNIT SINGLE-FAMILY DETACHED RESIDENTIAL HOUSING DEVELOPMENT AND APPROVING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; APPLICANT: D.C. CORPORATION; LOCATION: 3714 Vz 3728 MAINE AVENUE; CASE NO.: DR-17". MOTION: Mayor Lozano SECOND: CouncilmemberVan Cleave Carried SHOPPING CENTER IMPROVEMENT COMMITTEE sio-oo) Councilmember Pacheco announced his resigned from the Shopping Center Improvement Committee. Mayor Lozano and that Mayor Lozano be appointed to represent the Council. There were no objections. BIB] 37638-U01 2002-U02 12-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8936-U03 C4-U03 MINUTES1-U03 1/16/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 12 04 CC MIN;¢f4ÐCity Council Minutes December 4, 2002 Page 5 COUNCIL / STAFF REQUESTS AND COMMUNICATIONS Councilmember Van Cleave expressed concern with equality of treatment throughout the City of Baldwin Park. He stated that everyone should receive equal treatment and have equal opportunities. LETTERS OF SUPPORT TO HOPE PROJECT Mayor Pro Tern Garcia provided a brief description of the HOPE project, stating that they are taking decisive steps by making preventative health care program accessible and at no cost to 55 thousand uninsured individuals every year. She requested that a letter of support be prepared. There were no objections. BREACH OF SECURITY REQUEST TO CENSURE COUNCILMAN RICARDO PACHECO EFFORT TO RECALL MAYOR PRO TEM GARCIA Mayor Pro Tern Garcia Mayor Pro Tern Garcia read a statement for the record as follows: This century has welcomed this world to acts of terrorism. On a national level, September 11th has awakened this country to the fact that we are not immune to these terrible acts. Not withstanding this, the lessons we have learned as a nation and as a people is the greater need for safety and security for all human beings. ON a local level, it is an unprecedented expectation for us as elected officials to assure a sense of safety to those individuals who elected us to office. It is quite disturbing however, when one of our very own leaders. Councilman Ricardo Pacheco, must resort to these terrorist-like activities to the point where he jeopardizes he safety and security of our very own staff and all of the elected officials whom sit at this dais. At our last council meeting, I was served with recall papers. The method in which this service occurred brought to full light the fact that Councilman Pacheco has no consideration, much less concern, for the safety, security and well-being of human life. To add insult to injury, he further carries on his activities by denying that he has any involvement of his own actions of that evening. The question now. Mr. Pacheco, is whether five individuals who witnessed your activities and provided written and verbal statements to this effect, are either lying, thus making this police incident report a complete farce, and you are the only person purporting to state the truth or might it be the other way around? Let it be known, and I make this public statement, that I. Marten Garcia, am not afraid of your, and I emphasis YOUR. attempts at recalling me, Mr Pacheco. For I will repeat the very same statement you made to me a short few months ago. wherein you stated, home-girl, you're resilient". Yes Mr. Pacheco. I am resilient by your own words. My resiliency has and will continue to allow me to represent the people of the City of Baldwin Park to the highest level possible. And in so doing Mr. Pacheco. I will never ever jeopardize the safety and security of these people men, women and children) as you Mr. Pacheco, have carelessly demonstrated at our last council meeting and against your very own colleagues at that. As for your recall against me Pacheco bring it on! Today I was also characterized as Christ-like. To that comment I would just like to say that I've been oracticina on mv walkina on water routine but can't seem to aet that oacked down. BIB] 37638-U01 2002-U02 12-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8936-U03 C4-U03 MINUTES1-U03 1/16/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 12 04 CC MIN;¢f4ÐCity Council Minutes December 4, 2002 Page 6 Let me tell you folks, that if I'm going to be brought down. it will be fighting fighting for you and for your alienable rights to fair, hones and integral leadership. With that said, I would like to motion that a resolution be brought back at our next council meting that will serve to censure Councilman Ricardo Pacheco for his blatant carelessness and inconsiderate acts of placing this council and staff in the face of danger and jeopardizing our safety and security. Deputy City Attorney Africa Deputy City Attorney Africa advised that no action can be taken on this matter tonight. however, if they so desire, the Council can provide direction to staff to put this on the agenda for the next meeting. Mayor Pro Tern Garda requested to place this item on the next City Council Agenda. There were no objections. Councilmember Pacheco Councilmember Pacheco stated that he thinks its unfortunate that we've come down to this situation as far as alt the success we've had here as councilmember's. Those allegations are false, those are exaggerated allegations, they are not true allegations and I think that those that were hear that evening could see that they are false allegations. It is retaliation for a group that is out there that is trying to recall Marten Garcia and she is trying to some how tie me into this group that is there. He stated that all the information that was given on that report is not accurate, that evening the individual walked that walked up walked up on her own. The gates were open, the pathway for her to walk up was free. He stated that he had no intentions to bring her up, she came on her own. He feels it is a waste of our time, the community's time, and taxpayer time and money, to be having officers write these reports. He further stated that he has nothing to do with the recall effort. The Mayor was running the meeting he could of also stopped the meeting and stopped the individual had he felt there was some type of security breach, but the fact of the matter is a number of people walk up here to give messages, to come up here for plaques, or for whatever reasons to hand us information. He also stated that he does not feel that the council should not start putting themselves in a cage just to say they are in fear of the public. Additionally, the individual was exercising her freedom of speech. He stated that he does not agree with the allegations and that they are false. Councilmember Van Cleave Councilmember Van Cleave feels that the events prior to and including the sen/ice of recalt papers to Ms. Garcia at the dais was not a breach of security. He stated that there was no threat of harm. only the delivery of a letter, and that Councilmember Pacheco should not be blamed. Councilmember Gair Councilmember Gair complimented the editorial in the San Gabriel Valley Tribune printed this same date which acknowledge the work of this Council and the progress we have made on the Wat-Mart project. It was a very pleasant article under all the circumstances. She further stated that that in her opinion, the people of Baldwin Park are interested in the positive media and not alt the dissention that has transoired over the oast several months. She further BIB] 37638-U01 2002-U02 12-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8936-U03 C4-U03 MINUTES1-U03 1/16/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 12 04 CC MIN;¢f4ÐCity Council Minutes December 4, 2002 Page 7 stated that she does not condone what happened at the last meeting and expressed sadness in seeing locks, signs and ropes installed at the dais. She feels that that particular incident did change things and unfortunately, it has changed it forever. She stated that it will never be the same in this Council Chamber again, noting that every time the council steps off of the dais, she will think about the security breach. With regards to the recall effort, Councilmember Gair stated that in her many years of cfty clerk and public service experience, the ultimate price of a recall is tragic. She reminded the Council that as leaders of the community, they each are to be an example to the people of Baldwin Park and at this time, that is just not happening. BALDWIN PARK HIGH SCHOOL CHOIR FUNDRAISING ENDEAVOR Councilmember Gair announced that the Baldwin Park High School Choir has been invited to perform at out of state. She inquired as to whether or not funds could be appropriated as a donation from the special billboard youth fund. Chief Executive Officer stated that the special youth funds have been utilized and there remains a zero balance. Director Sanchez confirmed Chief Executive Officer Keller's statement. ADJOURNMENT There being no further matters for discussion, the meeting was adjourned at 8:00 p.m. Approved by the Council at their meeting held December 18. 2002. BIB] 37638-U01 2002-U02 12-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8936-U03 C4-U03 MINUTES1-U03 1/16/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06