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HomeMy WebLinkAbout2003 12 03 CC MIN2003 12 03 CC MIN(Ììÿ\COUNCIL CHAMBER DECEMBER 3, 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: 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; Kathryn Tizcareno, City Clerk; Maria A. Contreras, City Treasurer; and Kathleen Sessman, Deputy City Clerk Absent/Excused: Dolores Gonzalez-Hayes, Housing Director ANNOUNCEMENTS Mayor Lozano expressed his condolences for the men and woman who have lost their lives and those who continue to fight in Iraq. Mayor Lozano announced that Ralph Palick a former member of the Baldwin Park Police Reserves had recently passed away. He announced that the viewing will be held Thursday, December 4, 2003 from 5 p.m. to 9 p.m., with Funeral Services being held Friday, December 5, 2003 from 8:30 a.m. to 10:30 a.m. Mayor Lozano reminded all in attendance that the BP Tree Lighting Ceremony will be held Thursday, December 4, 2003 at 6 pm at the Esther Snyder Community Center. Mayor Lozano announced the Baldwin Park Winter Fest and breakfast with Santa being hosted at the Community Center this weekend from 9 a.m. to 3 p.m. Mayor Lozano announced that the Board of Supervisors has extended for twelve 12) day the actual vote of the resolution to put Special Tax on the March ballot. Mayor Lozano expressed his pleasure with the successfulness of the Teen Center/Skate Park. Councilmember Garcia announced that the Santa Clothes Project will be next Tuesday at the Target Store at 7:00 a.m. Sponsorships are still be accepted which can be turned in at the community center, checks should be payable to Baldwin Park Community Center Corporation. Councilmember Olivas congratulated fellow councilmembers for not being pressured by outside sources and for acting in a prudent manner. BIB] 38001-U01 2003-U02 12-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO35393-U03 C4-U03 MINUTES1-U03 1/15/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2003 12 03 CC MIN(Ììÿ\City Council Minutes December 3, 2003 Page 2 Mayor Lozano announced and extended an invitation to the ceremonial swearing in of newly elected Valley County Water Director Joseph Armendariz, which will be held Sunday, December 7, 2003 at the Baldwin Park Council Chambers at 5:00 p.m. PUBLIC COMMUNICATIONS Erik Fonseca, Field Representative for Congresswoman Hilda Solis announced that Hilda Solis is pleased to announce that the Department of Defense Authorization Conference Report Bill H.R. 1588) which included the majority of the provisions in Solis' original bill, the Naturalization and Family Protection for Military Members Act of 2003 H.R. 1814), to facilitate citizenship and family protections to immigrant soldiers and reservists, was signed into law. Councilmember Garcia announce that Congresswoman Hilda Solis is having her annual toy and food drive this Saturday from 1-4 at Laborers Hall in El Monte. CONSENT CALENDAR APPROVED Councilmember Olivas requested that the following item be removed from the Consent Calendar for discussion: 1) Item 1-1 AWARD OF CONTRACT FOR PROFESSIONAL SERVICES RELATING TO A SOLID WASTE HAULING SERVICES FRANCHISE REVIEW A motion was made to approve Consent Calendar Item Nos. A-J with the exception of item I) as presented, and as follows: MOTION: Councilmember Pacheco SECOND: Councilmember Garcia Carried MINUTES The minutes of November 5, 2003 Regular); November 14, 2003 Special); and November 19, 2003 Special, Study & Regular), were approved as presented. WARRANTS AND DEMANDS Report was received and filed. CLAIM REJECTION GLENDRIA J. PAIGE 06.05.03) & KEVIN VALENCIA 05.18-03) The City Council rejected the claims of Glendria J. Paige 06.05.03) and Kevin Valencia 05.18.03) and directed staff to send the appropriate notice of rejection to claimants. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF DECEMBER 4, 2003 TO DECEMBER 16, 2003 The City Council approved the preparation and presentation of the proposed certificates, proclamations and plaques. BIB] 38001-U01 2003-U02 12-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO35393-U03 C4-U03 MINUTES1-U03 1/15/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2003 12 03 CC MIN(Ììÿ\City Council Minutes December 3, 2003 Page 3 APPROVAL OF RESOLUTIONS IN SUPPORT OF GRANT APPLICATION MURRAY- HAYDEN URBAN PARKS & YOUTH SERVICE GRANT PROGRAM Further reading was waived, read by title only and Resolution No. 2003-078 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE MURRAY-HAYDEN PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002," was adopted. Further reading was waived, read by title only and Resolution No. 2003-079 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE MURRAY-HAYDEN PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002," was adopted. Director of Recreation and Community Services was authorized to proceed with the grant process and execute any necessary documents with the State Department of Parks & Recreation. Finance Director was authorized to appropriate the grant funds accordingly. ORDINANCE AMENDING SECTIONS 50.10 AND 50.19 OF THE MUNICIPAL CODE RELATING TO THE COLLECTION OF SOLID WASTES AND RECYCLING MATERIALS AND REFUSE FEE INCREASES Further reading was waived, read by title only and Ordinance No. 1217 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTION 50.10 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE COLLECTION OF SOLID WASTES AND RECYCLABLE MATERIALS AND 50.19 RELATING TO REFUSE FEE INCREASES," was adopted on second reading. ORDINANCE APPROVING A ZONE CHANGE FROM RG RESIDENTIAL GARDEN TO RG PD), RESIDENTIAL GARDEN PLANNED DEVELOPMENT TO ALLOW THE CONSTRUCTION OF AN EIGHT 8) UNIT SINGLE-FAMILY DETACHED RESIDENTIAL DEVELOPMENT ON THE PROPERTY LOCATED AT 4316 WALNUT STREET CASE NO: Z-535; APPLICANT: BOWDEN DEVELOPMENT) Further reading was waived, read by title only and Ordinance No. 1222 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVING A CHANGE OF ZONE FROM RG TO RG PD) TO ALLOW THE PLANNED DEVELOPMENT OVERLAY ON THE PROPERTY LOCATED AT 4316 WALNUT STREET CASE NO: Z-535; APPLICANT: BOWDEN DEVELOPMENT)," was adopted on second reading. APPROVAL OF FINAL TRACT MAP NO. 54110 LOCATED AT 3933 BRESEE STREET KOBA PROPERTIES, INC. The City Council approved Final Tract Map No. 53728 and authorized the Mayor to execute the Subdivision Agreement. APPROVAL TO PURCHASE VEHICLES AND WAIVE FORMAL BID PROCEDURES The City Council waived formal bidding procedures and authorized staff to solicit informal bids for the lease/purchase of the approved vehicles and equipment requires four-fifths vote). BIB] 38001-U01 2003-U02 12-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO35393-U03 C4-U03 MINUTES1-U03 1/15/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2003 12 03 CC MIN(Ììÿ\City Council Minutes December 3, 2003 Page 4 CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION AWARD OF CONTRACT FOR PROFESSIONAL SERVICES RELATING TO A SOLID WASTE HAULING SERVICES FRANCHISE REVIEW Councilmember Olivas stated that he had requested copies of the actual bid proposals from the City's Public Works Director. He stated that the concept of this was to get an outside consulting firm to take a good look at Waste Management and since SCE Engineering is contractually related to this city. Councilmember Olivas requested this matter be continued so that council can review actual proposals. A motion was made to continue to the next meeting, so that Council can receive and review all proposals submitted during this bid process. MOTION: Councilmember Olivas SECOND: Councilmember Pacheco Carried REPORTS OF OFFICERS UPDATE ON THE STATUS OF THE ADELPHIA CABLE FRANCHISE AGREEMENT Assistant to the Chief Executive Officer Bouton provided the City Council with an update on the City's Cable Franchise Agreement with Adelphia Cable. At the October 15, 2003 City Council meeting councilmembers directed staff to convene the Cable Subcommittee. The Subcommittee met on October 29, 2003 and received an update regarding Adelphia Cable's bankruptcy proceedings, the renewal process and the different options the City has regarding its due diligence. Assistant to the Chief Executive Officer Bouton stated that according Mr. Marticorena the only requirement the City has to fulfill is holding a public hearing on the renewal. She further stated that it was Mr. Marticorena's recommendation that the City hire consultants to commence audits of different facets of the franchise Agreement, which include: 1) Audit of Adelphia's compliance with the current agreement; 2) Engineering and Design Audit; 3) Franchise Fee Audit; and 4) Subscriber Survey Audit. Assistant to the Chief Executive Officer Bouton explained that the three most important Audits prior to the commencement of negotiations would be the Franchise Fee, Compliance, and Engineering and Design Audits. In addition, the completion of these audits would provide the City with leverage during the negotiation proceedings. In response to Council inquiry Assistant to the Chief Executive Officer Bouton stated that although the costs for the audits would need to be appropriated from the General Fund, it is likely that the City will be reimbursed for costs at the completion of the cable franchise negotiations. Following a brief discussion, a motion was made to authorize staff to accept bids from consultants and select one or more consultants to provide a compliance audit, a franchise fee audit, and an engineering/design audit. MOTION: Mayor Pro Tern Van Cleave SECOND: Councilmember Olivas Carried CONSIDERATION OF FEE WAIVER POLICY FOR DEVELOPMENTS MEETING CERTAIN CRITERIA A motion was made to receive and file, MOTION: Councilmember Pacheco SECOND: Mayor Pro Tern Van Cleave Carried BIB] 38001-U01 2003-U02 12-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO35393-U03 C4-U03 MINUTES1-U03 1/15/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2003 12 03 CC MIN(Ììÿ\City Council Minutes December 3, 2003 Page 5 APPROVAL OF A LEASE AGREEMENT WITH VERIZON WIRELESS FOR THE CO- LOCATION AND INSTALLATION OF WIRELESS ANTENNAS ON THE EXISTING SIXTY- FIVE 65) FOOT TALL CINGULAR WIRELESS MONO-PINE WIRELESS TELECOMMUNICATION FACILITY) LOCATED ADJACENT TO THE COMMUNITY CENTER AT MORGAN PARK CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA); LOCATION: 4100 BALDWIN PARK BOULEVARD MORGAN PARK; APPLICANT; TOM CORNISH, REPRESENTING VERIZON WIRELESS; CASE NO.: PR OS- 09 CONTINUED FROM NOVEMBER 19, 2003) After brief discussion, a motion was made to approve lease agreement with Verizon Wireless for $2,000 per month, allowing 30 days to execute agreement. MOTION: Councilmember Olivas SECOND: Mayor Lozano Carried COUNCIL / STAFF REQUESTS AND COMMUNICATIONS REQUEST BY DIRECTOR SANCHEZ FOR DISCUSSION OF THE UPCOMING COUNCIL MEETINGS DURING THE HOLIDAY SEASON January 7, 2003 City Council Meeting will be a Goal Setting" session. Meeting will be held at the Teen Center at 6:00 pm. REQUEST BY FINANCE DIRECTOR SANCHEZ TO PROVIDE UPDATE ON STATE FUNDING OF THE VEHICLE LICENSING FEES VLF) Director Sanchez presented report as follows: The purpose of this report is to provide the City Council with an update on the latest information available regarding the Vehicle License Fee VLF) funding to local agencies by the State of California. Director Sanchez stated that the Governor, by executive order, rescinded the Vehicle License Fee VLF) backfill to cities and counties and indicated that the backfill should be restored and funded from the State's General Fund. Director Sanchez stated that the Governor had called a special session of the Legislature on Tuesday, November 25, 2003 to discuss a package of proposed budget cuts to help offset the budget deficit. He stated that the cuts proposed were Health and Human Services, Education, Local Government, building, housing and transportation and Other Departments for both fiscal 2004 and 2005. The Governor also proposed placing a measure on the March 2004 ballot for a voter approved $15 billion bond issue to help fund the state deficit. A spending limitation was proposed giving the Governor's office the authority to limit spending on future State budgets. At this time, none of these proposals have been agreed to by the Legislature. Director Sanchez stated that with the roll back of the Vehicle License Fee VLF) fees and refunds ordered to be made to vehicle owners who have paid the higher fees, its been reported that revenue to fund the refunds will come from the Vehicle License Fee VLF) fees currently being collected. He expressed concern that this will impact the ability of the State to fund the remaining Vehicle License Fee VLF) fees due to local agencies. The continued funding of the Vehicle License Fee VLF) continues to be a major concern as part of the State's plan to offset the budget deficit. Director Sanchez provided a brief update regarding Vehicle License Fee VLF) and stated that the city will receive the next backfill funding on December 10, 2003 but at this time we are unsure of how much that will be. BIB] 38001-U01 2003-U02 12-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO35393-U03 C4-U03 MINUTES1-U03 1/15/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2003 12 03 CC MIN(Ììÿ\City Council Minutes December 3, 2003 Page 6 Councilmember Garcia requested the city be pro-active and use a formula to figure out what the new backfill funding will be. Director Sanchez stated that this can be done once the December 10, 2003 paymenVinformation is received. Council directed Director Sanchez to provide council with an update regarding the December 10, 2003 backfill funding as soon as it is received. Staff was further directed to place an article in the NOW" regarding the Vehicle License Fee VLF) and the potential impacts it will have on the city. There were no objections. Speeding Estella Street Councilmember Garcia expressed concern with the speeding on Estella Street, which is North of Los Angeles Street off Maine Avenue. Tree Trimming Freeway Overpass Councilmember Garcia requested that the trees and bushes off the freeway overpass on Baldwin Park Boulevard and Dalewood be trimmed back. Request for a left-hand turn Signal at Plaza Market Councilmember Garcia directed staff to research the possibility of installing a left-hand turn signal at Plaza Market, located off of Fransquito and Vineland. Happy Birthday Mayor Lozano Councilmember Garcia wished Mayor Lozano a belated Happy Birthday. New Chairs for Council Chambers In response to Council inquiry Director Sanchez announced that new chairs for the Chamber had been ordered and are scheduled to arrive on December 10, 2003. Congratulation Captain Stedman Mayor Lozano announced that Captain Stedman has accepted a position with the City of La Mirada as Public Safety Liaison" to the Sheriff's Department and City Prosecutor. Councilmembers congratulated Captain Stedman and thanked him for his years of dedication and service. Additional Christmas Decorations Councilmember Pacheco requested additional Christmas lights and decorations be placed throughout the city. Salary Review Request Councilmember Pacheco requested a review of some of the salaries, especially in engineering and the executive secretaries. Need to be competitive with salary levels at other cities so we can retain the good staff we have. Directed Director Naiyer to provide Council with a salary review and provide a breakdown of the different state certifications and relevant salaries. BIB] 38001-U01 2003-U02 12-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO35393-U03 C4-U03 MINUTES1-U03 1/15/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2003 12 03 CC MIN(Ììÿ\City Council Minutes December 3, 2003 Page 7 Request for review of Personnel Concepts" Study Councilmember Pacheco further requested that the Personnel Concepts" study be brought before council for review and evaluation. Department Organization Chart Councilmember Pacheco requested an organization chart of each department. Stop Ahead Signs Mayor Pro Tern Van Cleave suggest that when a new stop sign is installed in the City it be preceded by a STOP AHEAD" sign to warn drivers. Billboard Sign by the Park and Ride Councilmember Olivas announced that the billboard sign by the Park and Ride, on Badillo is City Owned and the Council can decide what they would like to see on it. Request for a more aggressive removal of Taggings Mayor Lozano and Council requested that Public Works department be more aggressive removing laggings" throughout the City. Mayor Lozano directed Director Naiyer to have Public Works staff remove the tagging from the signal light on the corner of Maine and Los Angeles, first thing tomorrow morning. There were no objections. Councilmember Garcia stated that there were laggings" as you exit the freeway West bound at Baldwin Park Boulevard she requested staff look into having them removed. ADJOURNMENT There being no further matters for discussion, the meeting was adjourned at 8:00 p.m. Approved as presented by the Council at their meeting held December 17, 2003. f^ j/ T^f^L^U^^ Kathleen R. Sessnrfan Kathleen R. Deputy City Clerk BIB] 38001-U01 2003-U02 12-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO35393-U03 C4-U03 MINUTES1-U03 1/15/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06