HomeMy WebLinkAbout2004 03 03 CC MIN2004 03 03 CC MIN (Ìì ž . COUNCIL CHAMBER MARCH 3, 2004
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, and Mayor Manuel
Lozano
Absent/Excused: Mayor Pro Tern Bill Van Cleave
Also Present: Dayle Keller, Chief Executive Officer; Stephanie Scher, City Attorney; Mark
Kling, Chief of Police; 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 for the men and woman who recently lost their
lives fighting in Iraq and those who continue to fight there.
Mayor Lozano announced that Proposition 57 and 58 passed and expressed his optimism
that funds will continue to flow throughout the various cities throughout the State of California.
Councilmember Olivas offered his congratulations to all those who prevailed in the various
elections which occurred March 4, 2004. He further encouraged those who did not prevail to
get involved in the process regardless of the outcome.
Councilmember Pacheco congratulated the Baldwin Park Soccer League who celebrated
their anniversary this past Saturday.
Councilmember Pacheco announced that he would be speaking at the Women's Club this
Friday, March 5, 2004 at 11:30 a.m. and invited anyone interested to attend.
PROCLAMATIONS, PRESENTATIONS AND COMMENDATIONS
A presentation by was made by Larry Kaplan, representative of The Trust for Public Land
TPL) in Urban Los Angeles: Parks for People was presented.
A proclamation was presented to Hussein Toubat, Assistant Director Adult School
proclaiming March 15-19, 2004 as ADULT AND COMMUNITY EDUCATION WEEK."
PUBLIC COMMUNICATIONS
Mary Heiss, 14118 Olive, Baldwin Park, requested council assistance in putting together a
committee or outreach program to help encourage people to be organ donors. She stated
that there are many people on organ transplant list and the community needs to be made
aware of the importance and the need for organ donors.
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Ted Moherian, Baldwin Park property owner expressed distress with the inefficiency of city
procedures. He expressed concern with the lack of responsibility for following things through
and making sure that complaints and requests are tracked, monitored, documented and seen
through to the end. He further stated that this should include frequent communication back to
the individual who originally filed the complaint or request regarding its status.
Steve Young. Store Manager for new Baldwin Park Wal-Mart introduced himself and his staff
to council and thanked council and staff for the warm welcome. He announced that city staff
encouraged utilizing the NOW" publication and in only seven days Wal-Mart received and
took in an application pool of fourteen hundred, this is phenomenal and the caliber of
applicants has been outstanding. He announced that the grand opening of the new Baldwin
Park Wal-Mart is presently scheduled for May 19, 2004.
Dan Trunco expressed his distress at hearing of the recent departure of Director Jose
Sanchez. He stated that Jose Sanchez was a good finance director that saved the city a lot
of money and he will be greatly missed.
CONSENT CALENDAR APPROVED
A motion was made to approve Consent Calendar Item Nos. A-M with the exception of item
1-L that was moved to Redevelopment Agency Agenda 1-C) as presented, and as follows:
MOTION: Mayor Lozano SECOND: Councilmember Garcia Carried
MINUTES
The minutes of February 4, 2004 Regular); February 11, 2004 Special Goal Setting); and
February 18, 2004 Special Study and Regular), were approved as presented.
WARRANTS AND DEMANDS
Report was received and filed.
CLAIM REJECTION SOUTHERN CALIFORNIA GAS COMPANY 09.10.03) AND
AURELIANO FLORES 00.00.00)
The City Council rejected the claims of Southern California Gas Company 09.10.03) and
Aureliano Flores 00.00.00). Staff was directed to send the appropriate notices of rejection to
claimants.
PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD
OF MARCH 4, 2004 TO MARCH 17, 2004
The City Council approved the preparation and presentation of the proposed certificates,
proclamations and plaques.
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO FILE AN
APPLICATION AND DESIGNATING THE SIGNATURE AUTHORITY FOR THE 2004-2005
FUNDING CYCLE OF THE STATE DEPARTMENT OF CONSERVATION BEVERAGE
CONTAINER RECYCLING GRANT
Further reading was waived, read by title only and Resolution No. 2004-012 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO FILE AN APPLICATION FOR
AND SERVE AS SIGNATURE AUTHORITY FOR THE PURPOSE OF RECEIVING 2004-
2005 FUNDING OF THE STATE DEPARTMENT OF CONSERVATION BEVERAGE
CONTAINER RECYCLING GRANT," was adopted.
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ORDINANCE APPROVING AN AMENDMENT TO THE CITY'S GENERAL PLAN LAND
AGP-106) AND ZONE CHANGE Z-539) LOCATION: 3224-3356 BALDWIN PARK
BOULEVARD AND 13712-13716 FOSTER AVENUE; APPLICANT: CITY OF BALDWIN
PARK)
Further reading was waived, read by title only and Ordinance No. 1227 entitled, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVING AN
AMENDMENT TO THE CITY'S GENERAL PLAN LAND USE ELEMENT, TO
REDESIGNATE THE SUBJECT PROPERTY FROM SINGLE-FAMILY RESIDENTIAL TO
RESIDENTIAL GARDEN AND A ZONE CHANGE FROM R-1, SINGLE-FAMILY
RESIDENTIAL GARDEN TO RG, RESIDENTIAL GARDEN APPLICANT: CITY OF
BALDWIN PARK; CASE NO.: AGP-106 AND Z-539)," was adopted on second reading.
ORDINANCE APPROVING A ZONE CHANGE TO ALLOW THE PLANNED
DEVELOPMENT PD) OVERLAY ON THE RG, RESIDENTIAL GARDEN ZONE ON THE
PROPERTY LOCATED AT 3242-3250 BALDWIN PARK BOULEVARD APPLICANT:
ALTURAS ENGINEERING AND ASSOCIATES; CASE NO.: Z-538)
Further reading was waived, read by title only and Ordinance No. 1228 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 TO ALLOW THE PLANNED DEVELOPMENT PD) OVERLAY ON THE RG,
RESIDENTIAL GARDEN ZONE ON THE PROPERTY LOCATED AT 3242-3250 BALDWIN
PARK BLVD APPLICANT: ALTURAS ENGINEERING AND ASSOCIATES; CASE NO.: Z-
538)," was adopted on second reading.
AWARD OF CONTRACT FOR THE CONSTRUCTION OF 2003-04 CDBG STREETS
SLURRY SEAL PROJECT, CIP 862
The City Council awarded the contract to American Asphalt South, Inc. in the amount of
$204,190.86 for the construction of 2003-04 CDBG Streets Slurry Seal Project, CIP 862. The
Mayor was authorized to execute the Agreement. The Director or Public Works was
authorized to execute any necessary change orders in an amount not to exceed ten percent
10%) of the original contract amount.
ADOPTION OF RESOLUTION AND APPROVAL OF APPLICATION FOR LOCAL
APPORTIONMENT FUNDS AS ESTABLISHED BY SB 821 BICYCLE AND PEDESTRIAN
FUNDS
Further reading was waived, read by title only and Resolution No. 2004-015 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. Staff was authorized to file an application for SB821 for FY 2004-2005.
RESOLUTION INITIATING PROCEEDINGS FOR THE LEVY OF PARK MAINTENANCE
ASSESSMENTS FOR FY 2004-05 IN THE EXISTING ASSESSMENT DISTRICT
Further reading was waived, read by title only and Resolution No. 2004-016 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
INITIATING PROCEEDINGS FOR THE 2004-2005 LEVY OF ANNUAL ASSESSMENTS
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FOR THE CITY OF BALDWIN PARK, PARK MAINTENANCE DISTRICT, AND ORDERING
THE PREPARATION OF A REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15,
PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA,"
was adopted.
RESOLUTION INITIATING PROCEEDINGS FOR THE LEVY OF LIGHTING AND
LANDSCAPING ASSESSMENTS FOR FY 2004-05 IN THE EXISTING ASSESSMENT
DISTRICT
Further reading was waived, read by title only and Resolution No. 2004-017 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
INITIATING PROCEEDINGS FOR THE 2004-2005 LEVY OF ANNUAL ASSESSMENTS
FOR THE CITY OF BALDWIN PARK LIGHTING AND LANDSCAPING MAINTENANCE
DISTRICT, AND ORDERING THE PREPARATION OF A REPORT PURSUANT TO THE
PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF
THE STATE OF CALIFORNIA," was adopted.
ORDINANCE AMENDING SECTIONS 31.03 AND 33.05 OF THE BALDWIN PARK
MUNICIPAL CODE TO PLACE THE PERSONNEL/RISK MANAGER IN THE
UNCLASSIFIED SERVICE AND TO CONFORM THE ORDINANCE RELATING TO
DEPARTMENT HEAD EMPLOYMENT TO THE CURRENT PRACTICES
Further reading was waived, read by title only and Ordinance No. 1226 entitled, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING
SECTIONS 31.03 AND 33.05 OF THE BALDWIN PARK MUNICIPAL CODE TO PLACE THE
PERSONNEL/RISK MANAGER IN THE UNCLASSIFIED SERVICE AND TO CONFORM
THE ORDINANCE RELATING TO DEPARTMENT HEAD EMPLOYMENT TO THE
CURRENT PRACTICES," was adopted on second reading
REPORTS OF OFFICERS
MID-YEAR STATUS UPDATE OF CHAMBER OF COMMERCE CONTRACT CONTINUED FROM
FEBRUARY 18, 2004)
A motion was made to continue to March 17, 2004.
MOTION: Mayor Lozano SECOND: Councilmember Olivas Carried
DAY LABORERS FACILITY 3200 PUENTE AVENUE
Councilmember Olivas stated that the issue of day laborers needs to be fixed before the Wal-
Mart open. He stated that when Home Depot first came into the city an ordinance was
adopted prohibiting day labors. He suggests council revisits the ordinance and see how and
if it conforms to some sort of compromise or location regarding a day laborer facility because
it may prohibit it out right.
Principal Planner Harbin explained that ordinance 1153 prohibits day laborers if the property
owner prohibits it, however if the property owner is willing to establish a facility to allow for
organization of these individuals then they may do so and that was done so that it would
allow businesses a leeway if they did want provide this type of opportunity or if they did not.
Mayor Lozano requested that the Police Department and Code Enforcement continue to
enforce ordinance-prohibiting day laborers.
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Councilmember Garcia informed the council that the Home Depot site is one of the targeted
sites that the Shopping Center Improvement Committee has identified as an area needing
attention. She stated that the city needs to address the issue of day laborers and expressed
her support to continue working with Home Depot, researching what other cities are doing
and see what alternatives develop.
A motion was made to direct staff to continue working with Home Depot and bring back at a
later date information regarding what other cities are doing to address this issue and possible
ways to control it. There were no objections.
AWARD OF CONTRACT TO DEVELOP A BUILDING FEE SCHEDULE FOR PLAN
CHECKING & INSPECTION SERVICES CONTINUED FROM FEBRUARY 18,2004)
A motion was made to continue matter to the March 17, 2004 Study Session and that
representatives of Maximus be present to answer any questions.
EMPLOYEE CLASSIFICATIONS AND COMPENSATION CONTINUED FROM FEBRUARY 18.2004)
A motion was made to continue matter to March 17, 2004 Study Session.
MOTION: Mayor Lozano SECOND: Councilmember Carried
REVIEW OF ANIMAL LICENSE FEES AND PENALTY FEES
A motion was made to adopt a position that will maintain the status quo and allow for the
collection of retroactive license fees. Staff was directed to return with an ordinance adjusting
the animal license fees to that currently adopted by Los Angeles County.
MOTION: Councilmember Garcia SECOND: Councilmember Olivas Carried
CONSIDERATION OF A SPECIAL ELECTION FOR A LIBRARY TAX ON NOVEMBER
2004 BALLOT
Councilmember Garcia stated that as a commissioner for the county library representing this
area the County Library has taken a wait-and-see position because no one really knows what
is going to happen with the state budget. Councilmember Garcia recommended that the we
take a wait-and see position and see what the Governor is going to do with the bond money
and see how it is going to impact the libraries. She stated that there might not be a need to
place this issue on the November 2004 ballot.
Mayor Lozano requested Councilmember Garcia keep council updated regarding this issue.
Councilmember Olivas requested that in addition to Councilmember Garcia's
recommendation that Assistant to the Chief Executive Officer Bouton continue to work with
City Attorney Scher to have alternatives ready to implement, just in case such action is
necessary. There were no objects.
CITY COUNCIL SUPPORT FOR THE CREATION OF A CITYWIDE NATURAL HAZARD
MITIGATION PLAN
Councilmember Pacheco directed item back to staff and requested a more detailed report be
brought back for council review. He requested staff include a detailed example of a
mitigation plan, an explanation of what the requested money is going to buy the city and
additional information regarding consultants and their proposals.
A motion was made to bring back with more information. There were no objections.
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COUNCIL / STAFF REQUESTS AND COMMUNICATIONS
REQUEST BY COUNCILMEMBER PACHECO FOR DISCUSSION OF AN AD HOC
COUNCIL BUDGET COMMITTEE
Councilmember Pacheco requested formation of an ad hoc Council Budget Committee to
make sure the city meets its budget deadlines and to allow the City Council to have some
oversight. He requested that City Treasurer Maria Contreras participate on this committee
and any Councilmember interested. Mayor Lozano and Councilmember Pacheco were
appointed as committee representatives and Councilmember Olivas as alternate. There
were no objections.
Councilmember Olivas inquired whether any residents from Baldwin Park had contacted City
Clerk Kathryn Tizcareno regarding party affiliations being changed. City Clerk Tizcareno
stated that no such complaints had been received by her or in her office.
Councilmember Pacheco requested that the Family Service Center be renamed after former
Councilmember Teri Muse.
Mayor Lozano requested staff begin researching the possibility of adopting an ordinance that
would require listed properties to go through the city, so illegal conversions and other code
violations can be dealt with prior to sale.
Councilmember Garcia requested the recognition of the 2004 Countywide Academic
Decathlon Winners from Sierra Vista High School. She requested council approve to award
certificates at the March 17, 2004 City Council meeting.
ADJOURNMENT
There being no further matters for discussion, the meeting was adjourned at 9:05 p.m., in
memory of Anthony Morales.
Approved as presented by the Council at their meeting held April 7, 2004.
/ /
T^^^-nJ^^^ u wo^ry^^-
karhleen R ess-ffian
Deputy City Clerk
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