HomeMy WebLinkAbout2004 06 16 CC MIN2004 06 16 CC MINY ùY P Q COUNCIL CHAMBER
14403 E. PACIFIC AVENUE
BALDWIN PARK, CA 91706
JUNE 16, 2004
WEDNESDAY
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: Councilmembers: Marlen Garcia, David Olivas, Bill Van Cleave, Mayor Pro-Tern
Ricardo Pacheco, and Mayor Manuel Lozano
Also Present: Sid Mousavi, Interim Chief Executive Officer; Stephanie Scher, City Attorney;
Mark Kling, Chief of Police; Hennie Apodaca, Interim Finance Director; Shafique Naiyer,
Public Works Director; JackWong, Interim Community Development Director; Manny Carrillo,
Recreation and Community Services Director; Kathryn Tizcareno, City Clerk; Maria A.
Contreras, City Treasurer; and Rosemary M. Ramirez, Chief Deputy City Clerk
ANNOUNCEMENTS
Mayor Lozano offered his condolences to the families of all the men and women who lost
their lives this past week in Iraq.
Councilmember Garcia expressed her condolences to former Councilmember Teri Muse on
the passing of her father, Paul Isen. She requested that this meeting be adjourned in
memory of Mr. Isen.
Councilmember Garcia requested to adjourn this meeting in memory of fallen Los Angeles
County Police Officer Michael Richard Arruda who was killed in the line of duty on June 15,
2004.
Mayor Pro Tern Pacheco announced the upcoming Concert in the Park series; the upcoming
4th of July Spectacular at Sierra Vista High School. He commended Recreation Department
staff on the excellent job done on the summer program.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
The City Council joined the Mayor in presenting the following Commendations and
Presentations:
Shafique Naiyer
A Certificate of Achievement was presented to Shafique Naiyer for his participation and
placement in the 2004 California State Senior Olympics and for his qualifying to participate in
the National Senior Olympics to be held in Pittsburgh in 2005.
Juan Estrada
A Certificate of Achievement was presented to Juan Estrada for receiving the 2004 Baldwin
Park M.E.T.A. Program Tutor of the Year Award.
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Eduardo Magdalene
Eduardo Magdaleno was not present therefore, the presentation of Certificate of Academic
Achievement to Mr. Magdaleno for receiving the 2004 Presidential Education Achievement
Award was deferred to a later date.
PUBLIC COMMUNICATIONS
Firework Stand Issue
Mr. Bill Baumgartner, representing Blockbuster Fireworks Company, spoke regarding a
firework stand location issue. He stated that a conflict existed between two separate
organizations in that they were both allowed by a private property owner to situate their
stands at the same location.
AAE Contract Amendment
Mr. Dan Trunco, resident, expressed displeasure with the proposed amendment to the
contract with AAE Engineering.
David Urbina Murder Investigation
Mr. Robert Urbina, resident, spoke regarding the pending murder investigation of his brother,
David Urbina. Mr. Urbina stated that at the last Council meeting, staff was directed to contact
the Urbina family. To date, there has been no communication between the Baldwin Park
Police Department and the Urbina family.
Moratorium on Development of Multiple-Family Housing
Mr. Terry Izell and Todd Bowden expressed concern with Agenda Item No. 16, Urgency
Ordinance Adopting a Moratorium on the Development of Multiple-Family Housing. Mr. Izell
and Bowden requested to be heard on the matter.
Enforcement of Illegal Fireworks
Ms. Daisy Smally, resident, expressed dismay with the igniting of illegal fireworks throughout
the City and requested tougher enforcement on those who violate the law. Mayor Lozano
referred this matter to the Police Department for handling.
Councilmember Garcia has observed the sale of what appear to be illegal fireworks at Wal-
Mart and Target. She requested that staff determine whether Wal-Mart and Target are
selling these types of fireworks and if so, that appropriate enforcement be initiated. There
were no objections.
CONSENT CALENDAR
Councilmember Olivas requested that the following items be removed from the Consent
Calendar for discussion:
Item 4 APPROVAL TO RELEASE FUNDS FROM THE JUVENILE ACCOUNTABILITY
INCENTIVE BLOCK GRANT JAIBG)
Item 5 APPROVAL OF WORKSITE AGENCY AGREEMENT AND WORKFORCE
INVESTMENT ACT YOUTH COLLABORATIVE MEMORANDUM OF UNDERSTANDING
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Item 6 RESOLUTION APPROVING AN AGREEMENT WITH CALTRANS FOR COST
SHARING OF ELECTRICAL FACILITIES ON STATE HIGHWAYS IN THE CITY OF
BALDWIN PARK
Item 7 APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE AND SOLICIT BIDS FOR BLEECKER STREET AND NUBIA STREET STORM
DRAIN, CIP 884
Item 8 APPROVAL OF CONTRACT AMENDMENT NO. 2 TO THE AGREEMENT FOR
PROFESSIONAL SERVICES-ADVANCED APPLIED ENGINEERING AAE)
A motion was made to approve Consent Calendar Item Nos. 1-11 with the exception of item
Nos. 4, 5, 6, 7 and 8 as presented, and as follows:
MOTION: Mayor Pro Tern Pacheco SECOND: Councilmember Olivas Carried
WARRANTS AND DEMANDS
Report was received and filed.
PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD
OF JUNE 17, 2004 TO JULY 6, 2004
The City Council approved the preparation and presentation of the proposed certificates,
proclamations and plaques as outlined in report dated June 16, 2004.
AWARD OF CONTRACT FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AT
FRANCISQUITO AVENUE AND GARVEY AVENUE, CIP 881 AND RAMONA
BOULEVARD AND EARL AVENUE, CIP 882
The City Council awarded a contract to Steiny and Company, Inc., in the amount of $217,857
for the construction of traffic signals at Francisquito Avenue and Garvey Avenue, CIP 881,
and Ramona Boulevard and Earl Avenue, CIP 882. The Mayor was authorized to execute
the Agreement and 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 ADOPTING THE EXECUTIVE EMPLOYEE BENEFIT MATRIX
Further reading was waived, read by title only and Resolution No. 2004-047 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING
THE EXECUTIVE EMPLOYEE BENEFIT MATRIX", was adopted.
MINUTES
Minutes of May 19, 2004 Special Study), were approved as presented.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING
RESOLUTION NO. 2004-025 A BASIC SALARY PLAN FOR THE EMPLOYEES OF THE
CITY OF BALDWIN PARK
Further reading was waived, read by title only and Resolution No. 2004-041 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING
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RESOLUTION 2004-025 A BASIC SALARY PLAN FOR THE EMPLOYEES OF THE CITY
OF BALDWIN PARK", was adopted.
CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION
APPROVAL TO RELEASE FUNDS FROM THE JUVENILE ACCOUNTABILITY INCENTIVE
BLOCK GRANT JAIBG)
Councilmember Olivas requested that future reports relating to the Juvenile Accountability
Incentive Block Grant provide more information about the program, i.e.. program history,
assessments, etcetera
A motion was made to approve the release of $9,864 in Juvenile Accountability Incentive
Block Grant JAIBG) funds to the County of Los Angeles, for the purpose of creating a
consolidation of allocated funds between neighboring cities, thus providing for contracted
services of a prosecutor from the Los Angeles County District Attorney's Office. The Deputy
District Attorney assigned from these funds will specifically be used for vertical prosecution of
serious juvenile offenders. The Interim Chief Executive Officer was authorized to execute the
Waiver of Direct Subgrant Award from Unit of Local Government.
MOTION: Councilmember Olivas SECOND: Mayor Pro Tern Pacheco Carried
APPROVAL OF WORKSITE AGENCY AGREEMENT AND WORKFORCE INVESTMENT
ACT YOUTH COLLABORATIVE MEMORANDUM OF UNDERSTANDING
Councilmember Olivas requested that future reports relating to this Agreement provide more
information about the number of participants, success of program, etcetera
A motion was made to approve a User Agency Agreement and Memorandum of
Understanding with West San Gabriel Valley Consortium dba Career Partners. The Director
of Recreation & Community Services was authorized to execute the necessary documents.
MOTION: Councilmember Olivas SECOND: Mayor Pro Tern Pacheco Carried
RESOLUTION APPROVING AN AGREEMENT WITH CALTRANS FOR COST SHARING
OF ELECTRICAL FACILITIES ON STATE HIGHWAYS IN THE CITY OF BALDWIN PARK
In response to an inquiry by Councilmember Olivas, Director Naiyer advised that this
Agreement is for electrical only. Landscaping is not included.
A motion was made to approve the Electrical Facility Cost Sharing Agreement with Caltrans
for a 50% share in the cost of operations, maintenance and repair of traffic signals and lights;
and, further reading was waived, read by title only and Resolution No. 2004-038 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING
THE AGREEMENT FOR COST-SHARING OF ELECTRICAL FACILITIES ON STATE
HIGHWAYS IN THE CITY OF BALDWIN PARK" was adopted.
MOTION: Councilmember Olivas SECOND: Mayor Pro Tern Pacheco Carried
APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE
AND SOLICIT BIDS FOR BLEECKER STREET AND NUBIA STREET STORM DRAIN, CIP
884
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Councilmember Olivas requested that future reports include either the plans and
specifications or a summary or drawing of the proposed project.
A motion was made to approve the plans and specifications and authorize staff to solicit bids
for the construction phase of this project.
MOTION: Councilmember Olivas SECOND: Mayor Pro Tern Pacheco Carried
APPROVAL OF CONTRACT AMENDMENT NO. 2 TO THE AGREEMENT FOR
PROFESSIONAL SERVICES ADVANCED APPLIED ENGINEERING AAE)
A motion was made to table this matter to July 7, 2004.
MOTION: Councilmember Olivas SECOND: Mayor Pro Tern Pacheco Carried
PUBLIC HEARINGS
PUBLIC HEARING TO CONSIDER CITYWIDE PARK MAINTENANCE ASSESSMENT
DISTRICT FOR FY 2004-05
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 waive further reading, read by title only and adopt Resolution No.
2004-045 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA ORDERING THE ANNUAL LEVY AND COLLECTION OF
ASSESSMENTS ASSOCIATED WITH THE CITYWIDE PARK MAINTENANCE DISTRICT"
and, further reading was waived, read by title only and Resolution No. 2004-046 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA
AUTHORIZING THE ADDITION OF SPECIAL ASSESSMENTS TO THE TAX BILL", was
adopted.
MOTION: Mayor Pro Tern Pacheco SECOND: Councilmember Olivas Carried
PUBLIC HEARING TO CONSIDER CITYWIDE LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT FOR FY 2004-05
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 waive further reading, read by title only and adopt Resolution No.
2004-042 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA ORDERING THE ANNUAL LEVY AND COLLECTION OF
ASSESSMENTS ASSOCIATED WITH THE CITYWIDE LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT" and, further reading was waived, read by title only and
Resolution No. 2004-043 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK, CALIFORNIA AUTHORIZING THE ADDITION OF SPECIAL
ASSESSMENTS TO THE TAX BILL", was adopted.
MOTION: Councilmember Olivas SECOND: Councilmember Van Cleave Carried
REPORTS OF OFFICERS
RESOLUTION AND ORDINANCE IMPLEMENTING A CRIMINAL JUSTICE
ADMINISTRATION FEE
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Chief Kling presented the report as follows: The purpose of this report is to request Council
approval to enact an ordinance that implements a Criminal Justice Administration Fee and
pass a resolution setting the Criminal Justice Administration Fee so that the City may recover
the costs associated when receiving, processing, and/or booking persons arrested and
convicted in the City of Baldwin Park.
California Government Code 29550.3 authorizes cities to assess a Criminal Justice
Administration Fee for the booking and processing of arrested persons if they are later
convicted of an arrest-related offense. Other Southern California cities such as Huntington
Beach, Glendale, Newport Beach, Costa Mesa and Monterey Park assess this fee. This fee
can only be based on the actual administrative costs incurred in receiving and processing an
arrestee in the City's jail facility. Operating expenses of the City jail, including capital costs
and costs involved in housing, feeding and caring for inmates, cannot be included in
calculating the actual administrative costs.
This Criminal Justice Administration Fee is a cost recovery resource. It will compensate the
City for costs incurred by the Police Department in receiving, processing, and or booking
persons arrested in the City.
A motion was made to waive further reading, read by title only and adopt Resolution No-
2004-022 entitled. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK AMENDING RESOLUTION 2002-007 BY ADDING A CRIMINAL JUSTICE
ADMINISTRATION FEE" and, further reading was waived, read by title only. Ordinance No.
1231 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK ADDING CHAPTER 10.100 TO THE CITY OF BALDWIN PARK MUNICIPAL CODE
PERTAINING TO THE COLLECTION OF A CRIMINAL JUSTICE ADMINISTRATION FEE,"
was introduced for first reading.
MOTION: Councilmember Olivas SECOND: Councllmember Van Cleave Carried
REVIEW POSSIBILITY OF IMPOSING PARKING FEES AT THE PARK AND RIDE LOT
LOCATED AT THE INTERSECTION OF RAMONA BOULEVARD AND BADILLO STREET
Interim Chief Executive Officer Mousavi presented the report as follows: The purpose of this
report is to present the City Council with the option to charge for parking at the Park and
Ride lot.
At their meeting of February 4, 2004, the City Council directed staff to review the possibility
of charging parking fees at the Park and Ride lot located at the intersection of Ramona
Boulevard and Badillo Street.
On October 1, 2000, the City implemented a parking permit program in the Baldwin Park
Metrolink Station. The goal of the program was to offset the costs of the utilities, security
and maintenance at the Metrolink Station. The program allows residents to purchase
permits for $10.00 and non-residents to purchase the permits for $20.00 per month. Baldwin
Park Seniors and Students receive permits at no cost and all disabled Metrolink users can
park for free by displaying their Disabled Placard. The Park and Ride lot has been promoted
as a free alternative to parking at the Metrolink Station.
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Staff has reviewed the City's Agreements with the Metropolitan Transportation Authority
MTA) and Metrolink and determined that there are no legal issues preventing the City from
charging for parking at that lot. The only stipulation is that revenues raised at the Park and
Ride be returned into the City's Proposition A Fund.
It is recommended that the fees for the Park and Ride lot be lower than those at the
Metrolink Station due to the Park and Ride lots distance from the station. Fees of $10 per
month for non residents and $5 per month for residents are recommended. If implemented.
these fees would generate approximately $10.000 $12,000 per year. However, the City
would need to install parking meters at the Metrolink Station to allow firsMime or occasional
users an option for parking for the day. The installation of additional meters at the Metrolink
Station would cost approximately $15,000.
After a brief discussion, a motion was made to implement a $20.00 Non-resident and $10.00
Resident fee for parking at the Park and Ride Lot.
MOTION: Councilmember Garcia SECOND: Mayor Pro Tern Pacheco Carried
URGENCY ORDINANCE ADOPTING A MORATORIUM ON THE DEVELOPMENT OF
MULTIPLE-FAMILY HOUSING
At the request of Mayor Lozano and by Council consensus, this matter was tabled
indefinitely.
ELECTION DATE CHANGE CONSOLIDATION
Interim Chief Executive Officer Mousavi presented the report as follows: An interest has
been expressed by Council to consider consolidating the City of Baldwin Park's General
Municipal Elections with the County of Los Angeles. This report requests Council
consideration of consolidating future General Municipal Elections with the County's already
established Uniform District Election Law UDEL") Election, consolidated with the School
District and Water District Elections).
At the present time, the City of Baldwin Park conducts its own General Municipal on the first
Tuesday after the first Monday in March of odd-numbered years. Consolidated elections are
those in which a City requests the County Board of Supervisors to place the City's candidates
and measures if any) on a scheduled ballot. Voters see City candidates and measures near
the end of the list of choices, receive one sample ballot, and may apply to the County
Registrar for absentee ballots.
In 2003, the Governor signed AB 1521 which requires a General Municipal Election to be
held on any established election date or on the 2nd Tuesday of April in each odd-numbered
year. As a result of this legislation, cities are considering changing their City's municipal
election dates.
City Councils are of course, free to choose the date of their regularly scheduled municipal
elections, however, said requests for consolidation or requests to run concurrent elections,
must be approved by the Los Angeles County Board of Supervisors. It should be noted that
the Board of Supervisors has conceptually rejected the City of Sierra Madre's request to
consolidate to a date other than the established UDEL election. The County Board of
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Supervisors is also proposing to reject the City of Irwindale's request to conduct a concurrent
election to a date other than the established UDEL election.
Should the City Council wish to coordinate with County conducted elections, the County
Registrar-Recorder/County Clerk is recommending that City Council opt to consolidate on the
first Tuesday of November in the odd-numbered years to coincide with the established UDEL
election date. This date is stable and is available to all cities. It should also be noted that
should the Council decide to consolidate with the County's UDEL election, this would realize
a general fund savings of $25,000.
A motion was made to waive further reading, read by title only and introduce for first reading
Ordinance No. 1237 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK. CALIFORNIA, MOVING THE DATE OF THE CITTS GENERAL
MUNICIPAL ELECTION FROM THE FIRST TUESDAY AFTER THE FIST MONDAY IN
MARCH OF ODD-NUMBERED YEARS TO THE FIRST TUESDAY AFTER THE FIRST
MONDAY IN NOVEMBER OF ODD-NUMBERED YEARS."
MOTION; Councilmember Van Cleave SECOND: Councilmember Olivas Carried
COUNCIL / STAFF REQUESTS AND COMMUNICATIONS
ENFORCEMENT OF NON-PERMITTED ICE CREAM TRUCK VENDORS
Councilmember Garcia expressed dismay at the number of ice cream vendors permitted to
operate in the City. She also expressed concern at the deplorable condition of some of the
vendors' vehicles and would prefer that ice cream truck vendors not be permitted in the City
at all. Councilmember Garcia requested enforcement of non-licensed, non-permitted ice
cream vendors operating in the City.
UPCOMING EVENTS
Councilmember Garcia announced the upcoming Pride Graduation and the Upcoming Water
Quality Authority luncheon honoring Congresswoman Lucille Roybal-Allard. She also
announced the upcoming Chamber Installation of Officers luncheon and the Relay for Life
Cancer Awareness event.
ADJOURN
There being no further matters for discussion, the meeting was adjourned at 8:30 p.m., in
memory of former Councilmember Terri Muse's father, Paul Isen and, in memory of fallen Los
Angeles County Police Officer Michael Richard Arruda.
Approved as pres^pted by the Council at their meeting held September 1, 2004.
Rosemary MT^^iEez, CMC
Chief Deputy City Clerk
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