HomeMy WebLinkAbout2003 07 16 CC MIN2003 07 16 CC MIN (Ìì b S
COUNCIL CHAMBER JULY 16, 2003
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: Councilmember Marlen Garcia, David Olivas, Ricardo Pacheco, Mayor Pro-Tern Bill
Van Cleave, and Mayor Manuel Lozano
Also Present: Dayle Keller, Chief Executive Officer; Stephanie Scher, City Attorney; Mark
Kling. Chief of Police; Jose Sanchez, Finance Director; Shafique Naiyer, Public Works
Director; Melecio Picazo, Interim Community Development Director; Manny Carrillo,
Recreation and Community Services Director; Dolores Gonzalez-Hayes, Housing Director;
Kathryn Tizcareno, City Clerk; Maria A. Contreras, City Treasurer; Rosemary M. Ramirez,
Chief Deputy City Clerk; and Kathleen Sessman, Deputy City Clerk
ANNOUNCEMENTS
Mayor Lozano requested to adjourn in memory of California Highway Patrol Sergeant
Gregory M. Molden, who was assigned to the Baldwin Park CHP office. Mayor Lozano
announced that services will be held Thursday, July 17, 2003 at 10:00 a.m. at the Desert Hills
Church in Victorville, California. Councilmember Olivas further announced that the Baldwin
Park CHP office will be closed for attendance at the memorial services.
PROCLAMATIONS, PRESENTATIONS AND COMMENDATIONS
Director Picazo introduced newly appointed Community Development Department employee
Victoria Valverde, Executive Secretary.
PUBLIC COMMUNICATIONS
Dan Trunco, resident, commented on recent articles in the Tribune and comments made by
Councilmember Pacheco regarding Mayor Pro Tern Van Cleave and the making of non-
sufficient fund checks.
Marie Contreras, Vice-President of the Baldwin Park Tototlan Sister Cities' Association
thanked the Council for their participation and support of the recent Sister City delegation
visitation.
Eliseo Pacheco, resident, inquired as to whether he would have the same amount of
speaking time as the previous speakers. He referred to comments made by speaker Trunco,
noting that many Councilmember have made mistakes. Mr. Pacheco commented on the
increase of graffiti within the city. He also requested that staff look into the issue of oversized
debris such as old furniture, refrigerators, being left on sidewalks and public right-of-ways
throughout the city.
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Daisy Smalley spoke in opposition to illegal fireworks. Councilmember Olivas suggested
placing an announcement in the NOW reminding residents that illegal fireworks are not
permitted in the City.
Veronica Cardenas, resident, commented on enforcement action regarding removal and
replacement of her windows. Mayor Lozano requested that Councilmember Garcia's
previous suggestion of an in-service or public outreach program advising new and existing
homeowners of the city's permit requirements and procedures be implemented as soon as
possible. Councilmember Pacheco would like to see enforcement staff work in partnership
with residents.
Mercedes Guerrero, 14730 Badillo, commented on the frequency of traffic accidents that
occur close to her property. She requested to install, or have city install posts on her property
for a sense of protection.
CONSENT CALENDAR APPROVED
Councilmember Pacheco requested that the following items be removed from the Consent
Calendar for discussion:
1) Item 1-E- APPROVAL OF A CONTRACT EXTENSION RELATING TO NPDES
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM)
STORM WATER SERVICES FOR FY 2003-04 TECS
ENVIRONMENT
2) Item 1-G-APPROVAL OF A CONTRACT EXTENSION FOR SERVICES
RELATED TO THE REPAIR OF CONCRETE INFRASTRUCTURE
IMPROVEMENTS TOP NOTCH CONSTRUCTION
3) Item 1-H- APPROVAL OF A CONTRACT EXTENSION FOR PROFESSIONAL
SERVICES RELATING TO AB 939 COMPLIANCE AND SOLID
WASTE PROGRAMS SCS ENGINEERS
4) Item 1-1- APPROVAL OF CONTRACT EXTENSION OF ENGINEERING
SERVICES RELATING TO INDUSTRIAL WASTE DISCHARGE
PERMIT SERVICES HUNTER-KENNEDY AND ASSOCIATES, INC.
5) Item 1-N-APPROVAL OF CONTRACT AMENDMENT NO. 1 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH GLOBAL
ENGINEERING SYSTEMS GES) FOR PUBLIC WORKS DIRECTOR
AND ENGINEERING SERVICES
A motion was made approve Consent Calendar Item Nos. A-N with the exception of item E,
G, H, I and N) as presented, and as follows:
MOTION: Councilmember Garcia SECOND: Councilmember Olivas Carried
WARRANTS AND DEMANDS
Report was received and filed.
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City Council Minutes July 16, 2003 Page 3
CLAIM REJECTION BEATRIZ RIOS 6.07.03); GILBERT GOMEZ 12.20.02);
FRANCISCO & CARMEN COVARRUBIAS; RAYMOND LOPEZ 2.28.03); RAUL GARCIA
2.28.03); JOSE GARCIA 2.28.03) AND DENISE SCHMITTLE 06.30.03)
The City Council rejected the claims of Beatriz Rios 6.07.03); Gilbert Gomez 12.20.02);
Francisco & Carmen Covarrubias; Raymond Lopez 2.28.03); Raul Garcia 2.28.03); Jose
Garcia 2.28.03) and Denise Schmittle 06.30.03). Staff was directed to send the appropriate
notice of rejection to claimants.
TREASURER'S REPORT FOR THE MONTH OF JUNE 2003
Report was received and filed.
APPROVAL OF WORKSITE AGENCY AGREEMENT WORKFORCE INVESTMENT ACT
SUMMER YOUTH EMPLOYMENT PROGRAM) Continued from July 2,2003)
The City Council approved a User Agency Agreement with West San Gabriel Valley
Consortium doing business as Career Partners and authorized the Director of Recreation &
Community Services to execute the necessary documents.
ORDINANCE PROVIDING CONSUMER PRICE INDEX CPI) RATE ADJUSTMENT FOR
REFUSE HAULING SERVICES WASTE MANAGEMENT OF THE SAN
GABRIEL/POMONA VALLEY
Further reading was waived, read by title only and Ordinance No. 1209 entitled, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING
CHAPTER 50, SECTION 19 OF TITLE V OF THE BALDWIN PARK MUNICIPAL CODE
RELATING TO FEES FOR REFUSE COLLECTION AND CURBSIDE RECYCLING
SERVICES," was adopted on second reading.
ADOPT ANALYSIS OF IMPEDIMENTS STUDY FOR FY 2003-07
The City Council reviewed and adopted the FY 2003-07 Analysis of Impediments to Fair
Housing Choice Study document. The Housing Director was authorized to submit the
Analysis of Impediments to the U.S. Department of Housing and Urban Development.
RESOLUTION IN SUPPORT OF HEALTHCARE FOR HOMECARE WORKERS
Further reading was waived, read by title only and Resolution No. 2003-052 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, DECLARING
ITS SUPPORT OF THE LOS ANGELES COUNTY HOMECARE WORKERS HEALTHCARE
CAMPAIGN," was adopted.
ORDINANCE APPROVING AN AMENDMENT TO THE CITY'S ZONING CODE FROM RG,
RESIDENTIAL GARDEN TO RG PD), RESIDENTIAL GARDEN PLANNED
DEVELOPMENT ON THE PROPERTY LOCATED AT 3102- 3106 FRAZIER STREET TO
ALLOW THE CONSTRUCTION OF AN EIGHT 8) UNIT CONDOMINIUM DEVELOPMENT
APPLICANT: KENNETH WANG; CASE NO.: Z-532)
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Further reading was waived, read by title only and Ordinance No. 1208 entitled, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A
CHANGE OF ZONE FROM RG, RESIDENTIAL GARDEN TO RG PD), RESIDENTIAL
GARDEN PLANNED DEVELOPMENT ON THE PROPERTY LOCATED AT 3102- 3106
FRAZIER STREET APPLICANT: KENNETH WANG; CASE NO.: Z-532)," was adopted on
second reading.
APPROVAL OF THE TEEN CENTER & SKATE PARK BRONZE PLAQUE
The City Council approved the Teen Center and Skate Park bronze plaques and authorized
staff to proceed with the purchase and installation of the plaques.
CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION
APPROVAL OF A CONTRACT EXTENSION RELATING TO NPDES NATIONAL
POLLUTION DISCHARGE ELIMINATION SYSTEM) STORM WATER SERVICES FOR FY
2003-04 TECS ENVIRONMENT
Councilmember Pacheco requested that all contracts be brought before the City Council at
least three 3) months prior to the term expiration.
A motion was made to approve the extension of the existing contract with TECS Environment
Compliance Services for one 1) year in an amount not to exceed $25,000 for professional
services related to the NPDES permit for FY 2003-04, with the condition that this contract go
out to bid next year. The Mayor was authorized to execute the Agreement.
MOTION: Councilmember Pacheco SECOND: Councilmember Olivas Carried
APPROVAL OF A CONTRACT EXTENSION FOR SERVICES RELATED TO THE REPAIR
OF CONCRETE INFRASTRUCTURE IMPROVEMENTS TOP NOTCH CONSTRUCTION
Councilmember Pacheco requested that all contracts be brought before the City Council at
least three 3) months prior to the term expiration.
The City Council approved the extension of the existing contract with Top Notch Construction
for one 1) year commencing July 1, 2003 and ending June 30, 2004, with the condition that
this contract go out to bid next year. The rate schedule reflecting no change in the unit
prices for repairs was approved and the Mayor was authorized to execute the Agreement.
MOTION: Councilmember Pacheco SECOND: Councilmember Olivas Carried
APPROVAL OF A CONTRACT EXTENSION FOR PROFESSIONAL SERVICES
RELATING TO AB 939 COMPLIANCE AND SOLID WASTE PROGRAMS SCS
ENGINEERS
Councilmember Pacheco requested that all contracts be brought before the City Council at
least three 3) months prior to the term expiration.
The City Council approved the extension of the existing contract with SCS Engineers for one
1) year, in an amount not to exceed $45,000, with the condition that this contract go out to
bid next year. The Mayor was authorized to execute the Agreement.
MOTION: Councilmember Pacheco SECOND: Councilmember Olivas Carried
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APPROVAL OF CONTRACT EXTENSION OF ENGINEERING SERVICES RELATING TO
INDUSTRIAL WASTE DISCHARGE PERMIT SERVICES HUNTER-KENNEDY AND
ASSOCIATES, INC.
Councilmember Pacheco requested that all contracts be brought before the City Council at
least three 3) months prior to the term expiration.
The City Council approved an extension to the Engineering Services Agreement with Hunter-
Kennedy and Associates in an amount not to exceed $20,290 for Industrial Waste Discharge
for Fiscal Year 2003-2004, with the condition that this contract go out to bid next year. The
Mayor was authorized to execute the Agreement.
MOTION: Councilmember Pacheco SECOND: Councilmember Olivas Carried
APPROVAL OF CONTRACT AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH GLOBAL ENGINEERING SYSTEMS GES) FOR PUBLIC WORKS
DIRECTOR AND ENGINEERING SERVICES
Councilmember Pacheco requested that this matter be held over until after the closed
session meeting. There were no objections.
Following closed session, a motion was made to approve amendment No. 1 to Agreement for
Professional Services with Global Engineering Systems GES), providing for month-to-month
services, retroactive to January 1, 2003.
MOTION: Councilmember Garcia SECOND: Councilmember Olivas Carried
PUBLIC HEARING
PUBLIC HEARING FOR ADOPTION OF ANNUAL OPERATING BUDGET FOR FISCAL
YEAR 2003-04
Mayor Lozano declared the public hearing OPEN for public participation. There was no one
wishing to speak.
A motion was made to continue public hearing to July 30, 2003 at 7:00 p.m.
MOTION: Councilmember Olivas SECOND: Councilmember Pacheco Carried
PUBLIC HEARING TO CONSIDER APPROVAL OF A ZONE CHANGE FROM C-2
GENERAL COMMERICAL) TO RG RESIDENTIAL GARDEN), TO ALLOW FOR THE
PROPOSED CONSTRUCTION OF A 10-UNIT CONDOMINIUM CASE NO: Z-534;
LOCATION 13356-13358 RAMONA BOULEVARD; APPLICANT: PATRICK CHIU &
ASSOCIATES)
Principal Planner Harbin presented the report as follows: Staff requests City Council
consideration of a Zone Change from C-2 General Commercial) to RG Garden Multi-Family
Residential), pursuant to Section 153.630 of the City's Zoning Code.
A notice of public hearing was published in the San Gabriel Valley Tribune and mailed to all
property owners within a 300-foot radius of the subject properties.
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The Planning Division has completed an environmental analysis and has determined that the
project will not have a significant impact upon the environment and pursuant to that
information, a Draft Negative Declaration of Environmental Impact has been prepared
pending approval by the City Council.
At its meeting of June 25, 2003, the Planning Commission recommended that the City
Council adopt the Negative Declaration of Environmental Impact and approve said zone
change.
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 approve the Negative Declaration of Environmental Impact, waive
further reading, read by title only and introduce for first reading Ordinance No. 1211
entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND
APPROVING A ZONE CHANGE FROM C-2, GENERAL COMMERCIAL TO RG, GARDEN
MULTI-FAMILY RESIDENTIAL ON THE PROPERTY LOCATED AT 13356-58 RAMONA
BLVD CASE NO: Z-534; LOCATION 13356-13358 RAMONA BOULEVARD; APPLICANT:
PATRICK CHIU & ASSOCIATES)
MOTION: Mayor Lozano SECOND: Councilmember Olivas Carried
NOES: Mayor Pro Tern Van Cleave and Councilmember Pacheco
PUBLIC HEARING TO CONSIDER APPROVAL OF AN AMENDMENT TO SPECIFIC PLAN
01-1, AMENDING THE PROVISIONS PERTAINING TO DECORATIVE FENCES AND
WALLS AND ALLOWING DECORATIVE FENCES AND WALLS WITHIN THE FRONT
YARD SETBACK AREAS FOR HOMES FACING BADILLO STREET LOTS 1-13); CASE
NO.: SP-01-1; LOCATION: 14700-14728 BADILLO STREET; APPLICANT: CITY OF
BALDWIN PARK
Principal Planner Harbin presented the report as follows: Staff requests City Council
consideration of an amendment to Specific Plan 01-1, pursuant to Section 65463 of the
Government Code to all decorative fences and walls within the front yard setback areas for
homes facing Badillo Street Lots 1-13) in what is commonly called the Badillo Street single-
family housing development constructed by D.C. Corporation in 2001. The amendment is
being initiated by the City at the request of the affected homeowner's who desire to erect
fencing in their front yards to protect their properties from vandalism.
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 approve the Negative Declaration of Environmental Impact, waive
further reading, read by title only and introduce for first reading Ordinance No. 1210 entitled,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING
THE PROVISIONS OF SPECIFIC PLAN 01-1 PERTAINING TO DECORATIVE FENCES
AND WALLS AND ALLOWING DECORATIVE FENCES AND WALLS WITHIN THE FRONT
YARD SETBACK AREAS FOR THE HOMES FACING BADILLO STREET LOTS 1-13)
APPLICANT: CITY OF BALDWIN PARK; LOCATION: 14700-14728 BADILLO STREET;
CASE NO.: SP 01-1).
MOTION: Mayor Lozano SECOND: Mayor Pro Tern Van Cleave Carried
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REPORTS OF OFFICERS
CRIME PREVENTION RESOURCE FAIR
Chief Kling presented the report as follows: The purpose of this report is to provide Council
with information relative to the upcoming Crime Prevention Fair scheduled for July 26, 2003,
and to request Council discussion and formal approval.
During the Council / Staff Requests and Communications" portion of the May 7, 2003, City
Council Meeting, Councilmember Pacheco requested the implementation of a crime
prevention day in the City. Councilmember Pacheco requested that the City work with the
Baldwin Park Police Department and local businesses to host an event sometime in June
2003.
Police staff met with Councilmember Pacheco and determined that July 25, 2003, would be
an acceptable day to host the event. This date was determined based on publication and
participant notification and commitment.
Police Department staff has secured a number of volunteers interested in presenting various
crime prevention topics during the event.
The program was unanimously supported by all Councilmembers. Councilmember Olivas
requested that the fair be held annually. There were no objections.
By Council consensus the Crime Prevention Fair was formally approved.
PROPOSED COUNCIL POLICY PRESENTATION OF PLAQUES, PROCLAMATIONS
AND CERTIFICATES
Mayor Lozano and Councilmember Garcia stated their opposition objection to this policy,
stating that said policy will limit the council in recognizing meritorious individuals.
After lengthy discussion, a motion was made to approve policy with an amendment to the
provision for emergency approvals, which would apply only to certificates and plaques.
Proposed proclamations will require Council approval.
MOTION: Councilmember Olivas SECOND: Mayor Pro Tern Van Cleave Carried
NOES: Mayor Lozano and Councilmember Garcia
APPOINTMENT OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES
ANNUAL CONFERENCE
By Council consensus, Councilmember David Olivas was appointed as the delegate and
Councilmember Marlen Garcia as alternate to represent the City at the Annual Business
Meeting of the League of California Cities to be held September 7-10, in Sacramento.
STATUS UPDATE ON PROPOSED ORDINANCE REGARDING CONSTRUCTION OF A
TEN 10) UNIT SINGLE-FAMILY DETACHED RESIDENTIAL PLANNED DEVELOPMENT
LOCATION: 4751 CENTER STREET; APPLICANT: ANTONIO PLASCENCIA; CASE NO.:
Z-530) CONTINUED FROM JUNE 18, 2003)
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A motion was made to bring back ordinance and resolution on July 30, 2003, with appropriate
conditions of approval, noting that Lot 11 will be dedicated to the City, developed with open
space green space) by the developer and maintained annually thereafter by the city.
MOTION: Councilmember Pacheco SECOND: Mayor Pro Tern Van Cleave Carried
APPROVAL OF REQUEST FOR PROPOSALS RFP) FOR THE DESIGN AND
INSPECTION OF CAPITAL IMPROVEMENT PROJECTS FOR THE PROPOSED FY 2003-
04 BUDGET
A motion was made to approve the request for Proposals along with option No. 2, which is to
direct staff to send out the Request for Proposal to various firms for each project separately.
MOTION: Councilmember Pacheco SECOND: Mayor Pro Tern Van Cleave Carried
COUNCIL / STAFF REQUESTS AND COMMUNICATIONS
REQUEST FROM COUNCILMEMBER DAVID OLIVAS FOR COUNCIL DISCUSSION
REGARDING THE ROLE THE CITY HAS OR MAY HAVE AS A MEDIUM FOR CULTURAL
ARTS, DIVERSITY, AND OTHER EDUCATION GOALS.
Council approved, by consensus, to direct staff to write a policy and bring back for council
approval, which would include diversity and cultural arts as a component at all city sponsored
events, including the NOW publication.
REQUEST FROM COUNCILMEMBER DAVID OLIVAS FOR DISCUSSION OF THE
METRO GOLD LINE EXTENSION AND CONSTRUCTION, AND POSSIBLE IMPACTS ON
THE CITY OF BALDWIN PARK.
Council approved, by consensus, to direct staff to research the City of Baldwin Park's public
transportation needs to the Gold Line station in Irwindale and that existing services be
tailored to meet said needs. Council directed staff to research funding opportunities for this
expenditure and provide Council with an analysis of and comments on the Environmental
Impact Report EIR). comments are due August 1, 2003.
ANNOUNCEMENT BY CHIEF EXECUTIVE OFFICER REGARDING FINAL INTERVIEWS
FOR REDEVELOPMENT COORDINATOR POSITION ON MONDAY. JULY 21, 2003.
FROM 8:30 A.M. TO 11:30 A.M.. AND INVITATION FOR PARTICPATION OF TWO
COUNCILMEMBERS IN THOSE INTERVIEWS SHOULD THERE BE AN INTEREST.
Councilmember Pacheco and Mayor Lozano requested to sit in on the final interviews for
Redevelopment Coordinator position.
PHANTOM FIREWORKS
Mayor Lozano commented on the recent articles in the San Gabriel Valley Tribune regarding
Phantom Fireworks. He expressed anger in the manner in which representative Larry Walton
has conducted business in this City and requested that the matter of improprieties be referred
to the District Attorney for review and handling and requested copies of these documents be
provided to Council and made accessible to the public for review.
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Councilmember Pacheco requested additional information regarding this matter and asked
that action involving the District Attorney's Office be deferred until the Council has conducted
a full review of the issues and facts. He requested staff to bring back a report and directed
staff to include any city rules or ordinances that were violated. There were no objections.
Mayor Lozano expressed support of said action, but stated that he will take it to the District
Attorneys office himself to make sure the appropriate action is taken. Mayor's directive to the
Chief Executive Officer was to pull ever paper, ever item. communication regarding
Councilmember Olivas stated that he had not authorized the use of his name on any
application. He further stated that he had yet to verify its legitimacy, but expressed his anger
at hearing that his name had been used without his permission. Councilmember Olivas
stated that if such action has been taken, he has every intention to take whatever action is
necessary to address that issue, including proposing that the City's ordinance regarding
fireworks be reviewed and that provisions be incorporated into the ordinance that would make
it a misdemeanor to falsify applicant information.
By Council consensus, staff was directed to bring back the City's ordinance regarding
fireworks for Council review and discussion of potentially extending the filing date, adding a
illegal firework provisions, adding a misdemeanor clause for falsifying information on
applications, consideration of adding a provision that would prohibit vendors who are being
investigated by the Los Angels County Fire Marshall, from soliciting their product in the city
and to consider franchise options. Council requested item be brought back at July 30, 2003
meeting.
POTENTIAL LAND WITHIN THE CITY REGARDING GREEN BELT
Councilmember Pacheco requested a map of major transmitting lines throughout the city and
inquired as to which areas have the potential to be used as green belt or green space.
PROCLAMATION REQUEST FOR PARKS AND RECREATION MONTH
Director Carrillo requested Council approval to present a proclamation to the Parks and
Recreation Commission and Department staff proclaiming July, 2003 as Parks and
Recreation month, proclamation will be presented on July 24, 2003 at 6:30 p.m. Concert
series. There were no objections.
CERTIFICATE REQUEST FOR NATIONAL NIGHT OUT EVENT
Chief Kling announced the upcoming National Night Out event and requested Council
approval to present certificates to participating neighborhood watch captains. Presentation
will be made Aug 5, 2003 at 6:45 p.m. There were no objections.
REQUEST TO RESCHEDULE AUGUST 6, 2003 CITY COUNCIL MEETING
Councilmember Pacheco will not be available to attend the upcoming August 6, 2003 City
Council meeting therefore, he requested to adjourn tonight's meeting to July 30,2003. There
were no objections.
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4™ OF JULY SPECTACULAR
Councilmember Olivas complimented the Recreation and Police Department staff for their
participation and coordination of the spectacular 4th of July celebration.
2003 BADGE OF COURAGE AWARD
City Treasurer Contreras congratulated Chief Kling for receiving the 2003 Badge of Courage
Award.
ADJOURNMENT
There being no further matters for discussion, the meeting was adjourned at 10:45 p.m., in
memory of Baldwin Park California Highway Patrol Sergeant Gregory M. Molden.
Approved as presented by the Council at their meeting held September 3, 2003.
Rosemary M^Ramu^r^MC
Chief Deputy City Clerk
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