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HomeMy WebLinkAbout2004 03 03 CC MIN2004 03 03 CC MIN(Ììž.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. BIB] 38091-U01 2004-U02 03-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO42894-U03 C4-U03 MINUTES1-U03 4/14/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2004 03 03 CC MIN(Ììž.City Council Minutes March 3, 2004 Page 2 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. BIB] 38091-U01 2004-U02 03-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO42894-U03 C4-U03 MINUTES1-U03 4/14/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2004 03 03 CC MIN(Ììž.City Council Minutes March 3, 2004 Page 3 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 BIB] 38091-U01 2004-U02 03-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO42894-U03 C4-U03 MINUTES1-U03 4/14/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2004 03 03 CC MIN(Ììž.City Council Minutes March 3, 2004 Page 4 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. BIB] 38091-U01 2004-U02 03-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO42894-U03 C4-U03 MINUTES1-U03 4/14/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2004 03 03 CC MIN(Ììž.City Council Minutes March 3, 2004 Page 5 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. BIB] 38091-U01 2004-U02 03-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO42894-U03 C4-U03 MINUTES1-U03 4/14/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2004 03 03 CC MIN(Ììž.City Council Minutes March 3, 2004 Page 6 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 BIB] 38091-U01 2004-U02 03-U02 03-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO42894-U03 C4-U03 MINUTES1-U03 4/14/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06