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Home My WebLink About2003 11 05 CC MIN2003 11 05 CC MIN(Ììä`COUNCIL CHAMBER NOVEMBER 5, 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; Michael Stedman, Police Captain; 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; and Kathleen Sessman, Deputy City Clerk ANNOUNCEMENTS Mayor Lozano expressed his condolences to those who have recently lost their lives in Iraq. Councilmember Garcia acknowledged and thanked staff for the successfulness of Saturday's Parade and congratulated newly elected officials. Councilmember Olivas acknowledged and welcomed Assemblyman Ed Chavez who was in the audience and announced that the new city buses were outside and available for viewing. Mayor Lozano acknowledged South El Monte Councilmember Joseph Gonzalez who was in the audience. Mayor Lozano and Councilmember congratulated newly elected officials. Mayor Lozano announced the City of Baldwin Park Teen Center & Skate Park Grand Opening Ceremony and Hilda Solis Park Dedication on Saturday, November 15, 2003 at 12:00 p.m. Mayor Pro Tern Van Cleave expressed his pleasure and the excitement of the community with the opening of the new teen center and skate park. Councilmember Pacheco thanked staff for the successful Halloween event and invited everybody to attend the upcoming Veterans Day Event. PUBLIC COMMUNICATIONS Dan Trunco expressed concern with the racing of cars on Kenmore and inquired whether Ordinance No. 1218 scheduled for introduction at tonight's meeting would include racers. City Attorney Scher stated that said Ordinance does not include racers, Mr. Trunco requested Police Department patrol area in question more regularly after midnight when most of the racing is taking place. BIB] 37972-U01 2003-U02 11-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO33697-U03 C4-U03 MINUTES1-U03 12/17/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2003 11 05 CC MIN(Ììä`City Council Minutes November 5, 2003 Page 2 Mary Hice, resident of Baldwin Park inquired whether Baldwin Park still offered a 1st time homebuyers program and requested Council direction on where to apply. Mayor Lozano directed inquiry to Housing Director Gonzalez-Hayes. Rafael Garcia thanked Council for the new lights on the Baseball fields. He expressed concern with the tennis court light timing schedule at Sierra Vista High School as well as the traffic at evening events. He inquired to possible installation of a stop sign or speed bump on Foster to help slow down traffic. Councilmember Olivas directed Director Naiyer to contact the School District to address these concerns. He further stated that as he had previously requested, a meeting between the City Council and the School Board be scheduled to address issues of mutual concern. Councilmember Pacheco announced a 2+2 meeting between the City Council and Water Board will be scheduled and invited the community to attend. Mr. Pacheco inquired why the city would not give monies to the St. Johns Catholic Church for buses when the President of the United States gives the Protestant Church money to assist their youth. Jean Hersh, Frank Canon, Member of Mid Valley Democratic Club, and Erik Fonseca, representative of Hilda Solis requested council support of the resolution urging good faith negotiations between the United food and commercial workers union and the supermarkets. Belinda Compose, Erika Sanchez, and Ed Chavez requested Council support of the resolution for Teen Support Healthy Initiative. CONSENT CALENDAR APPROVED A motion was made to approve Consent Calendar Item Nos. A-L as presented, and as follows: MOTION: Councilmember Garcia SECOND: Councilmember Pacheco Carried MINUTES The minutes of June 30, 2003 Special Budget); July 2, 2003 Regular); July 17, 2003 Special Budget); August 20, 2003 Special); September 3, 2003 Regular) and October 15, 2003 Special), were approved as presented. WARRANTS AND DEMANDS Report was received and filed. CLAIM REJECTION JASON NANDEE 07.17.03) The City Council rejected the claim of Jason Nandee 07.17.03) and directed staff to send the appropriate notice of rejection to claimant. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF NOVEMBER 6, 2003 TO NOVEMBER 18, 2003 The City Council approved the preparation and presentation of the proposed certificates, proclamations and plaques. BIB] 37972-U01 2003-U02 11-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO33697-U03 C4-U03 MINUTES1-U03 12/17/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2003 11 05 CC MIN(Ììä`City Council Minutes November 5, 2003 Page 3 RESOLUTION ADOPTING THE HEALTHY POLICY YIELDS HEALTHY MINDS INITIATIVE" Further reading was waived, read by title only and Resolution No. 2003-072 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE HEALTHY POLICY YIELDS HEALTHY MINDS INITIATIVE," was adopted. ORDINANCE AMENDING SECTIONS 153.686 AND 153.689 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE PROCESS FOR LAND USE ENTITLEMENTS WHEN A ZONE CHANGE IS NEEDED Further reading was waived, read by title only and Ordinance No. 1216 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 153.686 AND 153.689 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE FINALITY OF DECISIONS OF THE ZONING ADMINISTRATOR AND PLANNING COMMISSION," was adopted on second reading. AWARD OF CONTRACT FOR JANITORIAL SUPPLIES WAXIE SANITARY SUPPLY The City Council awarded the contract to Waxie Sanitary Supplies in the amount of $51,377.35 for purchasing janitorial supplies for the period of one-year starting on December 1, 2003. The Mayor was authorized to execute the Agreement. The Director of Public Works was authorized to execute any necessary change orders in an amount not to exceed ten percent 10%) of the original contract amount. RESOLUTION IN SUPPORT OF THE GOLDLINE PHASE TWO CITIES Further reading was waived, read by title only and Resolution No. 2003-075 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING ITS SUPPORT OF THE METRO RAIL GOLDLINE PHASE TWO CITIES," was adopted. SIERRA VISTA REDEVELOPMENT PROJECT AREA COMMITTEE PAC) Report was received and filed. The City Council affirmed staff's recommendation to not reauthorize the Sierra Vista Redevelopment Project Area Committee PAC). REQUEST TO FILE A CLAIM AGAINST ADELPHIA CABLE'S BANKRUPTCY FILING The City Council authorized staff to work with Bill Marticorena of Rutan & Tucker to file a claim against Adelphia Cable's bankruptcy filing. RESOLUTION AMENDING BASIC SALARY PLAN FOR EMPLOYEES OF THE CITY OF BALDWIN PARK Further reading was waived, read by title only and Resolution No. 2003-069 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION 2003-067 A BASIC SALARY PLAN FOR EMPLOYEES OF THE CITY OF BALDWIN PARK Base Salary increases per bargaining unit agreements and adjusting salaries for Housing Director and Director of Public Works)," was adopted. BIB] 37972-U01 2003-U02 11-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO33697-U03 C4-U03 MINUTES1-U03 12/17/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2003 11 05 CC MIN(Ììä`City Council Minutes November 5, 2003 Page 4 APPROVAL OF PROPOSED AGREEMENT WITH SHAFIQUE NAIYER DIRECTOR OF PUBLIC WORKS The City Council approved the proposed Agreement with Shafique Naiyer for employment as Public Works Director, effective December 1, 2003. PUBLIC HEARING PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A REQUEST TO MODIFY THE LANGUAGE IN SECTION 4, CONDITION I OF PLANNING COMMISSION RESOLUTION PC 02-23, REDUCING THE NUMBER OF AFFORDABLE HOMES FROM THREE 3) TO ONE 1); LOCATION: 27^/2- 3738 MAINE AVENUE; CASE NO.: CP-656; APPELLANT: DON COOK, REPRESENTING D.C. CORPORATION 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. Councilmember Olivas stated for benefit of the audience that this Resolution is just a clean up process and made a motion to approve. ACTION: A motion was made to waive further reading, read by title only and adopt Resolution No. 2003-075 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK OVERTURNING THE PLANNING COMMISSION'S DECISION TO DENY THE MODIFICATION TO PLANNING COMMISSION RESOLUTION 02-23 RESULTING IN THE REDUCTION IN THE NUMBER OF AFFORDABLE DWELLING UNITS AT THE MAINE AVENUE PROJECT." MOTION: Councilmember Olivas SECOND: Mayor Pro Tern Van Cleave Carried REPORTS OF OFFICERS INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 95.5 TO TITLE IX OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE SEIZURE AND FORFEITURE OF NUISANCE VEHICLES Mayor Lozano and Councilmembers expressed their support for the proactive approach being taken by the city's police department to address this issue. A motion was made to waive further reading, read by title only and introduce for first reading, Ordinance No. 1218 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADDING CHAPTER 95.5 TO TITLE IX OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE SEIZURE AND FORFEITURE OF NUISANCE VEHICLES." MOTION: Councilmember Olivas SECOND: Councilmember Pacheco Carried PLANNING COMMISSION APPOINTMENT RAFAEL GARCIA Councilmember Pacheco requested Council give Mr. Garcia another opportunity. There were no objections. BIB] 37972-U01 2003-U02 11-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO33697-U03 C4-U03 MINUTES1-U03 12/17/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2003 11 05 CC MIN(Ììä`City Council Minutes November 5, 2003 Page 5 URGENCY ORDINANCE AMENDING TITLE IX OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE USE OF SKATEBOARDS, ROLLER BLADES, ROLLER SKATES AND OTHER VEHICLES AND DECLARING THE URGENCY THEREFOR A motion was made to waive further reading, read by title only and adopt on URGENCY Ordinance No. 1219 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 96.01 OF, AND ADDING SECTION 96.25 TO, THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE USE OF SKATEBOARDS, ROLLER BLADES, ROLLER SKATES AND OTHER VEHICLES AND DECLARING THE URGENCY THEREFOR." MOTION: Mayor Lozano SECOND: Mayor Pro Tern Van Cleave Carried INTRODUCTION OF AN ORDINANCE AMENDING TITLE IX OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE USE OF SKATEBOARDS, ROLLER BLADES, ROLLER SKATES AND OTHER VEHICLES A motion was made to waive further reading, read by title only and introduce for first reading Ordinance No. 1220 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 96.01 OF, AND ADDING SECTION 96.25 TO, THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE USE OF SKATEBOARDS, ROLLER BLADES, ROLLER SKATES AND OTHER VEHICLES." MOTION: Mayor Lozano SECOND: Mayor Pro Tern Van Cleave Carried INTRODUCTION OF AN ORDINANCE AMENDING THE REDEVELOPMENT PLAN IN ACCORDANCE WITH SB 211 AND SB 1045 FOR THE MERGED REDEVELOPMENT PROJECT AREA AND THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA A motion was made to waive further reading, read by title only and introduce for first reading Ordinance No. 1221, entitled AN ORDINANCE OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING THE REDEVELOPMENT PLANS FOR THE MERGED REDEVELOPMENT PROJECT AREA AND THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA, PURSUANT TO SUBPARAGRAPHS B) AND C) OF PARAGRAPH 2) OF SUBDIVISION e) OF SECTION 33332.6 OF THE CALIFORNIA HEALTH AND SAFETY CODE, REGARDING CERTAIN TIME LIMITS APPLICABLE TO THOSE REDEVELOPMENT PLANS." MOTION: Councilmember Olivas SECOND: Councilmember Pacheco Carried COUNCIL / STAFF REQUESTS AND COMMUNICATIONS REQUEST BY COUNCILMEMBER OLIVAS FOR CONSIDERATION OF ADOPTING A RESOLUTION URGING GOOD FAITH NEGOTIATIONS BETWEEN THE UNITED FOOD AND COMMERCIAL WORKERS UNION AND THE SUPERMARKETS Councilmember Olivas requested council support and approval of Resolution No. 2003-076 urging good faith negotiations between the united food and commercial workers union and the supermarkets. MOTION: Councilmember Olivas SECOND: Councilmember Pacheco Carried BIB] 37972-U01 2003-U02 11-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO33697-U03 C4-U03 MINUTES1-U03 12/17/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2003 11 05 CC MIN(Ììä`City Council Minutes November 5, 2003 Page 6 REQUEST BY COUNCILMEMBER OLIVAS FOR AUDITORIUM REHABILITATION WITH ASBESTOS ABATEMENT & SEISMIC RETROFIT FUNDED WITH CDBG FUNDS Councilmember Olivas requested numbers and any information regarding this matter be brought back for council review. There were no objections. Councilmember Garcia stated that she thought a consultant had already been brought in to do just that and asked staff to look into and provide Council with an update. REQUEST BY COUNCILMEMBER OLIVAS FOR ISSUING A REQUEST FOR QUALIFICATIONS RFQ) FOR FINANCIAL ADVISOR SERVICES Councilmember Olivas requested an Request for Proposal" to determine best action to take for the city regarding financial Advisor services Mayor Pro Tern Van Cleave requested removal or cleaning of the large American flag in front of city hall. Mayor Pro Tern Van Cleave thanked Police Department for patrolling school areas and enforcing speed and safety laws Councilmember Pacheco and Mayor Pro Tern Van Cleave expressed their concern with the newspaper called the Baldwin Park Neighborhood News. Councilmember Pacheco stated that the Economic Development Committee met last week and discussed new development projects along the freeway and announced that another meeting will be held next week. He invited residents to attend and give public input. Councilmember Pacheco expressed his hope that the Supermarket strike will soon end. Mayor Lozano inquired to status of the Main Street Project and requested an update regarding the project and the monies be put in the Baldwin Park NOW" for the benefit of the community. Mayor Lozano expressed concern with the speed bump and stop sign approval process. He further requested an explanation be placed in the NOW to help educate the community. Council inquired to the next neighborhood clean-up day" and suggested it be held on a quarterly basis. Director Gonzales-Hayes will have the Neighborhood Clean-Up Committee meet and decide next clean up day. Councilmember Olivas requested that Council choose the clean up location. There were no objections. Mayor Lozano and Councilmember Pacheco requested polo shirts and hats for councilmembers. Marie Contreras inquired to the status of a possible signal or speed bump at Willow and Badillo. Council directed Director Naiyer to bring back a status update at a later date. There were no objections. BIB] 37972-U01 2003-U02 11-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO33697-U03 C4-U03 MINUTES1-U03 12/17/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2003 11 05 CC MIN(Ììä`City Council Minutes November 5, 2003 Page 7 Councilmember Olivas thanked Congresswoman Hilda Solis for her letter and personal support of resolution urging good faith negotiations between the United Food and Commercial Workers Union and the supermarkets. ADJOURNMENT There being no further matters for discussion, the meeting was adjourned at 8:51 p.m. Approved as presented by the Council at their meeting held December 5, 2003. / f T^flJ^Lu^A 4^°^ Kathleen R. Se^srniin Deputy City Clerk Kathleen R. Sessman C^l^w y Jose Sanchez Agency Secretary BIB] 37972-U01 2003-U02 11-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO33697-U03 C4-U03 MINUTES1-U03 12/17/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06