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Home My WebLink About2004 05 19 CC MIN2004 05 19 CC MINY ùYPPõCOUNCIL CHAMBER MAY 19, 2004 ú‘S’ï4 E. PACIFIC AVENUE WEDNESDAY BALDWIN PARK, CA 91706 PÀ9†ÿ' 7:00 P.M. The CITY COUNCIL of the City of Baldwin Park met ¹Îôš@ULAR SESSION at the above time and place. ROLL CALL Present: Councilmember Marlen G±ÒEÏ¾+ David Olivas, Bill Van Cleave, Mayor Pro-Tern Ricardo Pacheco, and Mayor Manuel Lozano ÝkjÊ¬h Present9 Sid Mousavi, Interim Chief Executive Officer; Stephanie Scher, City Attorney; ‚LÔ´'Kling, Chief of Police; Hennie Apodaca, Interim Finance Director; Shafique Naiyer,ÛH|Ó½kic Works Director; Jack Wong, Interim Community Development and Housing Director; MannyöMÔnllo, Recreation and Community Services Director; Maria A. Contreras, City Treasurer; Kath(<J†‹nzcareno, City Clerk; and Kathleen Sessman. Deputy City Clerk SUBSEQUENT NEED ITEM ADDEDŽ‰t†ž@ENDA City Attorney Scher advised the City Coumcil that an item regarding adoption of a vMÉ³rtion setting fees for issuance, processing and filing of various city services and permitoKÈÿshe city, specifically those relating to Community Center/Recreation Fees, Planning Fees a°ìÕºsting certain parking violation fines had developed after the posting of the notice of ageÌíBˆÿShere is an immediate need to provide a briefing to the City Council regarding this matterH™aÒ«hrney Scher recommended that this matter be added to the Reports of Officers porwion of thu¨/¬¾`enda. A motion was made to add the item as recommended by the attorney as follows: AgenÆ,¬–sem entitled A RESOLUTION AMENDING RESOLUTION NO. 2002-007 SETTING FEES FOR ISSUANþÍ†UOCESSING AND FILING OF VARIOUS CITY SERVICES AND PERMITS IN THE CITY, SPECIFICALLY THOSE ðÍ¬ç‹NNG TO COMMUNITY CENTER/RECREATION FEES. PLANNING FEES AND SETTING CERTAIN PARKING VIOLAT±%«†™NNES." MOTION: Mayor Lozano SECOND: Councilmember Garcia Carried CONS§Ç´†œFLENDAR APPROVED Councjlmember Olivas requested that the following item be removed from the Consent Calendar for discussion: 1) Item 9 APPROVAL OF AGREEMENT FOR CARNIVAL SERVICES CHRISTIANSEN AMUSEMENTS A motion was made to approve Consent Calendar Item Nos. 1-14 with the exception of item 9) as presented, and as follows: MOTION: Mayor Pro Tern Pacheco SECOND: Councilmember Van Cleave Carried MINUTES The minutes of September 17, 2003 Regular) and May 5. 2004 Study and Regular), were approved as presentfd. BIB] 38244-U01 2004-U02 05-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO53270-U03 C4-U03 MINUTES1-U03 9/9/2004-U04 ROBIN-U04 REGULAR-U05 2004 05 19 CC MINY ùYPPõCity Council Minutes May 19, 2004 Page 2 WARRANTS AND DEMANDS Report was received and filed. CLAIM REJECTION ERNESTO AGUIRRE 07.02.03) The City Council rejected the claim of Ernesto Aguirre 07.02.03) and direct staff to send the appropriate notice of rejection to claimant. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF MAY 20, 2004 TO JUNE 1, 2004. The City Council approved the preparation and presentation of the proposed certificates, proclamations and plaques. TREASURER'S REPORT FOR THE MONTH OF APRIL 2004 Report was received and filed. AWARD OF CONTRACT FOR THE REPAIR OF FLOOD DAMAGED AREAS IN CITY HALL, CIP 2004-02 The City Council awarded the contract to Civil Works Sealing and Water Proofing, Inc., in the amount of $165,821 for the repair of flood damaged areas in City Hall, 2004-02. 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. Staff was authorized to appropriate General funds in the amount of $165,000 to cover the cost of the contract and $16,500 as contingencies for unforeseen expenses and submit claims of costs associated with this project for reimbursement. ORDINANCE ADDING SECTIONS 97.5 TO TITLE IX OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO BLINDER RACKS Further reading was waived, read by title only and adopt on second reading Ordinance No. 1235 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 97.5 TO TITLE IX OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO BLINDER RACKS." ORDINANCE APPROVING AMENDMENT 2004 TO THE REDEVELOPMENT PLAN FOR THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA REFERRED TO AS AMENDMENT 2004") Further reading was waived, read by title only and adopt on second reading Ordinance No. 1234 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING AMENDMENT 2004 TO THE REDEVELOPMENT PLAN FOR THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA." BIB] 38244-U01 2004-U02 05-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO53270-U03 C4-U03 MINUTES1-U03 9/9/2004-U04 ROBIN-U04 REGULAR-U05 2004 05 19 CC MINY ùYPPõCity Council Minutes May 19, 2004 Page3 APPROVAL OF AGREEMENT FOR CARNIVAL SERVICES CHRISTIANSEN AMUSEMENTS The City Council approved the Carnival Services Agreement with Christiansen Amusements and authorized the Mayor to execute the necessary documents. APPROVAL TO PARTICIPATE IN THE 2004 SUMMER LUNCH PROGRAM The City Council appointed the Director of Recreation and Community Services as an agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, payment request and so on, which may be necessary to administer the grant. RESOLUTIONS APPROVING THE ENGINEER'S REPORT FOR CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2004- 05 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING Further reading was waived, read by title only and Resolution No. 2004-034 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE ENGINEER'S REPORT FOR STREET LANDSCAPING AND LIGHTING MAINTENANCE IN A LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF BALDWIN PARK," was adopted. Further reading was waived, read by title only and Resolution No. 2004-035 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING ITS INTENTION TO ORDER THE ANNUAL ASSESSMENT LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING," was adopted. RESOLUTIONS APPROVING THE ENGINEER'S REPORT FOR CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2004-05 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING Further reading was waived, read by title only and Resolution No. 2004-031 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE ENGINEER'S REPORT FOR PARK MAINTENANCE IN A CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF BALDWIN PARK," was adopted. Further reading was waived, read by title only and Resolution No. 2004-032 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING ITS INTENTION TO ORDER THE ANNUAL ASSESSMENT LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING AS WEDNESDAY, JUNE 16, 2004 AT 7:00 P.M.," was adopted. BIB] 38244-U01 2004-U02 05-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO53270-U03 C4-U03 MINUTES1-U03 9/9/2004-U04 ROBIN-U04 REGULAR-U05 2004 05 19 CC MINY ùYPPõCity Council Minutes May 19, 2004 Page 4 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO FILE AN APPLICATION AND DESIGNATING THE SIGNATURE AUTHORITY FOR 10™ CYCLE USED OIL RECYCLING BLOCK GRANT Further reading was waived, read by title only and Resolution No. 2004-033 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 TO SERVE AS SIGNATURE AUTHORITY FOR THE 10™ CYCLE USED OIL BLOCK GRANT FUNDS," was adopted. CITY OF BALDWIN PARK'S COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2003. Report was received and filed. CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION APPROVAL OF AGREEMENT FOR CARNIVAL SERVICES CHRISTIANSEN AMUSEMENTS In response to an inquiry by Councilmember Olivas, Director Carrillo explained that approval of this agreement only allows Christiansen Amusements use of the space. A motion was made to approve the Carnival Services Agreement with Christiansen Amusements and the Mayor authorized to execute any necessary documents. MOTION: Councilmember Olivas SECOND: Councilmember Van Cleave Carried PUBLIC HEARING PUBLIC HEARING TO CONSIDER APPROVAL OF A ZONE CHANGE AND THE REPEAL OF SPECIFIC PLAN 91-1; LOCATION: 3111 BALDWIN PARK BLVD.; APPLICANT: M &A GABAEE, LLP 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 adopt Draft Mitigated Negative Declaration of Environmental Impact for the zone change. A motion was made to waive further reading, read by title only and introduce for first reading Ordinance No. 1207 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CHANGE OF ZONE FROM 1C, INDUSTRIAL COMMERCIAL TO C2, GENERAL COMMERCIAL AND REPEALING SPECIFIC PLAN 91-1 FOR PROPERTY LOCATED AT 3111 BALDWIN PARK BOULEVARD, SHOWN AS PARCELS 55 THROUGH 70 ON PAGE 20 OF MAP BOOK 8551 OF THE LOS ANGELES COUNTY ASSESSOR'S RECORDS APPLICANT: REDEVELOPMENT AGENCY AND M & A GABAEE, LP; CASE NO.: Z-531)," MOTION: Mayor Pro Tern Pacheco SECOND: Councilmember Van Cleave Carried BIB] 38244-U01 2004-U02 05-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO53270-U03 C4-U03 MINUTES1-U03 9/9/2004-U04 ROBIN-U04 REGULAR-U05 2004 05 19 CC MINY ùYPPõCity Council Minutes May 19, 2004 Page 5 REPORTS OF OFFICERS APPOINTMENTS IN-HOUSE COMMITTEE CONTINUED FROM MAY 5,2004) A motion was made to table to June 2, 2004 meeting. MOTION: Mayor Lozano SECOND: Councilmember Van Cleave Carried INTRODUCTION OF AN ORDINANCE AMENDING SECTIONS 38.15, 38.16, 38.17 AND 38.18 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO SMOKING IN AND AROUND PUBLIC BUILDINGS AND PUBLIC PARKS Councilmember Garcia expressed her support for this ordinance and her desire to see the youth and community of Baldwin Park protected. She stated that adoption of this ordinance is the first step towards our healthy community. Councilmember Van Cleave expressed his support and directed staff to make sure employee's have a place to smoke were they wont disturb others. A motion was made to waive further reading, read by title only and introduce for first reading Ordinance No. 1232 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 38.15, 38.16, 38.17 AND 38.18 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO SMOKING IN AND AROUND PUBLIC BUILDINGS AND PUBLIC PARKS." MOTION: Councilmember Garcia SECOND: Councilmember Olivas Carried ORDINANCE AND RESOLUTION AMENDING BY REFERENCE CHANGES TO LOS ANGELES COUNTY TITLE 10 RELATING TO ANIMAL CARE AND CONTROL SERVICES A motion was made to waive further reading, read by title only and introduce for first reading Ordinance No. 1229 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 92 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO ANIMAL CONTROL." MOTION: Mayor Lozano SECOND: Councilmember Garcia Carried Waive further reading, read by title only and adopt Resolution No. 2004-036 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SETTING ANIMAL LICENSING FEES." MOTION: Mayor Lozano SECOND: Councilmember Garcia Carried NOES: Councilmember Olivas RESOLUTION SETTING FEES FOR ISSUANCE, PROCESSING AND FILING OF VARIOUS CITY SERVICES AND PERMITS IN THE CITY, SPECIFICALLY THOSE RELATING TO COMMUNITY CENTER/RECREATION FEES, PLANNING FEES AND SETTING CERTAIN PARKING VIOLATION FINES A motion was made to waive further reading, read by title only and adopt Resolution No. 2004-037 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 2002-007 SETTING FEES FOR ISSUANCE, PROCESSING AND FILING OF VARIOUS CITY SERVICES AND PERMITS IN THE CITY, BIB] 38244-U01 2004-U02 05-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO53270-U03 C4-U03 MINUTES1-U03 9/9/2004-U04 ROBIN-U04 REGULAR-U05 2004 05 19 CC MINY ùYPPõCity Council Minutes May 19, 2004 Page 6 SPECIFICALLY THOSE RELATING TO COMMUNITY CENTER/RECREATION FEES, PLANNING FEES AND SETTING CERTAIN PARKING VIOLATION FINES." MOTION: Councilmember Olivas SECOND: Councilmember Van Cleave Carried ADJOURNMENT There being no further matters for discussion, the meeting was adjourned at 8:17 p.m. Approved as presented by the Council at their meeting held July 21, 2004. \^/ iii^A^^U n^l Kathleen R^ S^ssman Deputy City Clerk BIB] 38244-U01 2004-U02 05-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO53270-U03 C4-U03 MINUTES1-U03 9/9/2004-U04 ROBIN-U04 REGULAR-U05