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Home My WebLink About2006 03 15 CC MIN2006 03 15 CC MIN ×PÄˆ ˜ö MINUTES CITY OF BALDWIN PARK to„,, WEDNESDAY, MARCH 15, CITY COUNCIL ti 2006 7:00 p.m. COUNCIL CHAMBERS ire 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor David J. Olivas, Mayor Pro Tern Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco Councilmembers Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER INVOCATION Led by Mayor Pro Tern Olivas. PLEDGE OF ALLEGIANCE ROLL CALL Present: Councilmember Bejarano, Councilmember Garcia, Councilmember Pacheco, Mayor Pro Tern Olivas, Mayor Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Joe Pannone, City Attorney, Hennie Apodaca, Interim Finance Director, Manuel Carrillo, Jr., Director of Recreation & Community Services, Matthew Lamb, Director of Community Development, Captain Ed Lopez, Shafique Naiyer, Director of Public Works, Susan Rubio, City Clerk, Rosemary Ramirez, Chief Deputy City Clerk, Laura Nieto, Deputy City Clerk. ANNOUNCEMENTS Mayor Lozano acknowledged those individuals serving in the military. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS 1. Presentation of Certificates to St. John's students selected to attend the Junior National Young Leaders Conference Councilmember Pacheco gave a brief background on the Conference and the Mayor and City Council presented the certificates to the students in attendance. Page 1 of 9 2006 03 15 CC MIN ×PÄˆ ˜öPUBLIC COMMUNICATIONS Ed Casanova, Executive Director of the Baldwin Park Chamber of Commerce spoke about upcoming events and activities of the Chamber. Mr. Casanova requested City participation at the Business Expo on March 25, 2006. Councilmember Bejarano thanked Mr. Casanova for coming to the meeting and suggested the Chamber incorporate into its goals, a program similar to a Zagats survey to showcase the restaurants in Baldwin Park. Dr. Ken Smith of the Baldwin Park Chamber of Commerce commended Councilmember Garcia on the physical education & healthy eating resolutions on the agenda. Mary Heiss, 4319 Alderson, addressed the Council on the issue of Jessica's Law and urged the Council to support the bill. Mayor Pro Tern Olivas requested that staff prepare a letter in support of this law. There were no objections. Thomas Carey, Baldwin Park resident, addressed the Council on the issues of graffitti in the City and street vendors on the north side of town. Mayor Lozano advised that the City Council is also working with the Baldwin Park Unified School District on abatement strategies. CONSENT CALENDAR Mayor Pro Tern Olivas requested that the following item be pulled from Consent Calendar for discussion: 1) #7 WAIVE FORMAL BID PROCEDURES AND AWARD OF CONTRACT FOR SERVICES FOR THE REPLACEMENT OF PUMP #1 AT THE PUENTE PUMP STATION Motion: A motion was made to approve Consent Calendar Item Nos. 1-12 with the exception of Item #7) as presented and as follows: Moved by Councilmember Pacheco, seconded by Mayor Lozano. 1. WARRANTS & DEMANDS City Council received and filed the report. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF MARCH 15, 2006 TO APRIL 4, 2006 City Council approved the preparation and presentation of the awards as outlined in staff report. 3. CITY TREASURER'S REPORT City Council received and filed the report. 4. CLAIM REJECTIONS Page 2 of 9 2006 03 15 CC MIN ×PÄˆ ˜ö City Council rejected the claims of Ramiro Arteaga 11.04.05) and Guadalupe Estevez 02.13.06) and directed staff to send a notification of rejection to claimants. 5. LETTER OF OPPOSITION AND RESOLUTION IN OPPOSITION OF HR 4437 BORDER AND ILLEGAL IMMIGRATION CONTROL ACT OF 2005 City Council approved the letter to U.S. Congresswoman Hilda Solis and waived further reading, read by title only and adopted Resolution No. 2006-018 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING ITS OPPOSITION TO HR 4437 BORDER AND IMMIGRATION ENFORCEMENT ACT OF 2005." 6. AWARD OF CONTRACT FOR THE CONSTRUCTION OF 2005-2006 GAS TAX STREET SLURRY SEAL PROJECT, CIP 850 City Council 1) awarded a contract for the construction of 2005-06 Gas Tax Street Slurry Seal Project, CIP 850, to Gentry Brothers, Inc. in the amount of $249,741; and 2) authorized the Mayor to execute the Agreement; and 3) appropriated $115,000 from the Gas Tax Fund and $160,000 from the Traffic Congestion Relief Fund for the construction of this project; and 4) authorized the Director of Public Works to execute any necessary change orders in an amount not to exceed ten percent 10%) of the original contract amount. 8. RESOLUTION DECLARING CITY COUNCIL SUPPORT OF THE 2006 CALIFORNIA STATE LIBRARY BOND City Council waived further reading, read by title only and adopted Resolution No. 2006-017 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ENDORSING AND SUPPORTING THE 2006 CALIFORNIA STATE LIBRARY BOND." 9. RESOLUTION DECLARING MARCH 2006 AS NATIONAL NUTRITION MONTH IN THE CITY OF BALDWIN PARK City Council waived further reading, read by title only and adopted Resolution No. 2006-016 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING MARCH 2006 AS NATIONAL NUTRITION MONTH(r) IN THE CITY OF BALDWIN PARK." 10. AMIGOS DE LOS RIOS EMERALD NECKLACE PROJECT CHAPTER 7 PROPOSITION 50 GRANT APPLICATION LETTER OF SUPPORT City Council approved the letter of support. 11. APPROVAL OF RESOLUTION NO. 2006-019 AUTHORIZING THE LEASE PURCHASE AGREEMENT OF FOUR 4) MOTORCYCLES AND ONE 1) PATROL VEHICLE, SCHEDULE NO. 05, AN ESCROW AGREEMENT AND RELATED DOCUMENTS DETERMINING OTHER MATTERS IN CONNECTION THEREWITH Page 3 of 9 2006 03 15 CC MIN ×PÄˆ ˜ö City Council 1) waived further reading, read by title only and adopted Resolution No. 2006-019 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE EFFECTING AND DELIVERY OF A LEASE PURCHASE AGREEMENT, EQUIPMENT SCHEDULE NO. 05, AN ESCROW AGREEMENT AND RELATED DOCUMENTS, DETERMINING OTHER MATTERS IN CONNECTION THEREWITH;" and 2) authorized the Mayor to execute the Lease Agreement. 12. ADOPT ON SECOND READING ORDINANCE NO. 1283 REPEALING SECTION 153.059 OF THE CITY'S ZONING CODE PROHIBITING THE CREATION OF FLAG LOT SUBDIVISIONS IN THE R-1 RESIDENTIAL ZONE, PURSUANT TO SECTION 153.630 OF THE CITY'S ZONING CODE; APPLICANT: CITY OF BALDWIN PARK, CASE NO.: AZC-155) Councilmember Bejarano requested clarification of the language of the proposed Ordinance. City Attorney Pannone stated that the removal of the section is what will prohibit the creation of flag lots. City Council waived further reading, read by title only and adopted on second reading Ordinance No. 1283 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REPEALING SECTION 153.059 OF THE BALDWIN PARK MUNICIPAL CODE TO PROHIBIT THE CREATION OF FLAG LOT SUBDIVISIONS IN THE R-1 SINGLE FAMILY RESIDENTIAL ZONE; APPLICANT: CITY OF BALDWIN PARK, CASE NO.: AZC-155." Mayor Lozano directed staff to publish infomation on the newly adopted Ordinance on flaglot subdivisions in the NOW. CONSENT CALENDAR ITEM PULLED FOR SEPARATE DISCUSSION: 7. WAIVE FORMAL BID PROCEDURES AND AWARD OF CONTRACT FOR SERVICES FOR THE REPLACEMENT OF PUMP #1 AT THE PUENTE PUMP STATION Mayor Pro Tern Olivas noted that the cost of the Maintenance Contract was not included in the staff report and requested that the maintenance cost be deleted from the Agreement. Motion: A motion was made to award a contract with the deletion of the pump station maintenance contract) for the replacement of pump system at the Puente Avenue Pump Station #1 to Field Technology, Inc. in the amount of $42,033 and authorize the Mayor to execute the Agreement. Moved by Mayor Pro Tern Olivas, seconded by Councilmember Pacheco. PUBLIC HEARINGS 13. PUBLIC HEARING TO CONSIDER AN EXTENSION OF THE EXISTING MORATORIUM ON CHECK-CASHING AND MONEY WIRING FACILITIES AND FREESTANDING ATM KIOSKS Page 4 of 9 2006 03 15 CC MIN ×PÄˆ ˜ö City Planner Harbin presented the report. Mayor Lozano opened the Public Hearing for anyone in favor of the Ordinance. Thomas Carey spoke in favor of the Ordinance. Seeing no further interest, Mayor Lozano opened the Public Hearing to anyone in opposition of the Ordinance. There being no additional speakers, the Public Hearing was closed. Motion: A motion was made to adopt the REPORT OF MEASURES TAKEN TO ALLEVIATE THE CONDITIONS THAT LED TO THE ADOPTION OF ORDINANCE 1279;" and waive further reading, read by title only and adopt Ordinance No. 1284 entitled, AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK EXTENDING A CITYWIDE MORATORIUM ON CHECK CASHING FACILITIES, MONEY WIRING FACILITIES AND FREESTANDING ATM KIOSKS." Moved by Mayor Lozano, seconded by Councilmember Pacheco. REPORTS OF OFFICERS 14. PLANNING COMMISSION APPOINTMENTS Motion: A motion was made to nominate James R. Dexter II to Office No. 1 for un-expired term to June 30, 2007. Moved by Mayor Lozano, seconded by Councilmember Garcia. Motion: A motion was made to appoint David Sano to Office No. 3 for un- expired term to June 30, 2006. Mayor Pro Tern Olivas objected. Moved by Councilmember Garcia, seconded by Councilmember Pacheco. Vote: Motion carried 4-1. Ayes: Anthony J. Bejarano; Marlen Garcia; Ricardo Pacheco; Mayor/Chair Manuel Lozano Noes: Mayor Pro Tem/Vice Chair David J. Olivas Motion: A motion was made to appoint Efren Rivera to Office No. 4 for un- expired term to June 30, 2006. Councilmember Bejarano objected. Moved by Mayor Pro Tern Olivas, seconded by Councilmember Pacheco. Vote: Motion failed 2-3. Ayes: Ricardo Pacheco; Mayor Pro Tem/Vice Chair David J. Olivas Noes: Anthony J. Bejarano; Marlen Garcia; Mayor/Chair Manuel Lozano Motion: A motion was made to appoint Binh Nguyen to Office No. 4 for un- expired term to June 30, 2006. Moved by Councilmember Bejarano, seconded by Mayor Pro Tern Olivas. Motion: A motion was made to appoint Efren Rivera to Office No. 5 for un- expired term to June 30, 2006. Councilmember Garcia objected. Moved by Councilmember Pacheco, seconded by Mayor Pro Tern Olivas. Vote: Motion failed 2-3. Page 5 of 9 Ii 2006 03 15 CC MIN ×PÄˆ ˜ö Ayes: Ricardo Pacheco; Mayor Pro Tem/Vice Chair David J. Olivas Noes: Anthony J. Bejarano; Marlen Garcia; Mayor/Chair Manuel Lozano Motion: A motion was made to appoint Monica Garcia to Office No. 5 for un- expired term to June 30, 2006. Moved by Mayor Pro Tern Olivas, seconded by Councilmember Garcia. A motion was made to waive futher reading, read by title only and adopt Resolution No. 2006-020 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLTUION NO. 2006-009, APPOINTING MEMBERS TO UNSCHEDULED VACANCIES ON THE PLANNING COMMISSION AS FOLLOWS: JAMES R. DEXTER II TO OFFICE NO. 1 FOR THE UNEXPIRED TERM TO JUNE 30,2007; DAVID SANO TO OFFICE NO. 3 FOR THE UNEXPIRED TERM TO JUNE 30, 2006; BINH NGUYEN TO OFFICE NO. 4 FOR THE UNEXPIRED TERM TO JUNE 30, 2006; AND RAQUEL MONICAL GARCIA TO OFFICE NO. 5 FOR THE UNEXPIRED TERM TO JUNE 30, 2006." 15. CONSIDERATION OF THE USE OF FISCAL YEAR 2006-07 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT CDBG) AND HOME INVESTMENT PARTNERSHIP HOME) FUNDS Continued from March 1, 2006) Community Director Lamb presented the report. Councilmember Garcia thanked the Commissions for hearing the requests from the organizations and recognized that there were difficulties in making the recommendations. Requested on #1, decrease3k to $17,000, allot to project sister 15k); #8 Crystal Cuevas DS Foundation $2897, remaining 2k to Parents' Place resouce center. Mayor Pro Tern Olivas requested that Project Sister recieve funding contingent on them having a staff member at the Community Center. Councilmember Garcia requested that the Commissions meet mid-year to assess the status of service providers September.) Councilmember Pacheco requested that the organizations submit montly reports. Chief Executive Officer Singhal advised Council that staff can track the monthly reports. Mayor Pro Tern Olivas requested that the reports be a requirement. Community Development Director Lamb assured the Council that all of thier requests will be implemented. Motion: A motion was made to approve the Public Service Requests as recommended by the Commissions and as amended above. Moved by Councilmember Garcia, seconded by Mayor Lozano. 16. POLICY FOR INSTALLING SPEED BUMPS Public Works Director Naiyer presented the report. Mayor Pro Tern Olivas inquired if the plans for speed bump installation would be reviewed by the school district or fire department and requested site maps of Page 6 of 9 2006 03 15 CC MIN ×PÄˆ ˜ö the intended sites. City Attorney Pannone suggested that an additional item be added to the policy to include a consultation with the school district and fire department. Motion: A motion was made to approve AP# 020, with addition of school district and fire department consultation, for the installation of speed bumps and direct staff to install two-dozen speed bumps at various critical locations. Moved by Mayor/Chair Manuel Lozano, seconded by Ricardo Pacheco. COUNCIL / STAFF REQUESTS AND COMMUNICATIONS 17. Request by Mayor Lozano for discussion on the following: 1) Request City Council approval to send a letter to Honorable Congresswoman Hilda Solis requesting that the name of the Baldwin Park Post Office be changed to honor the lives and service of USMC Cpl. Rudy Salas and US Army Sgt. Atanacio Haro-Marin, fallen soldiers from the City of Baldwin Park; and Mayor Lozano presented his request. Councilmember Bejarano commented that while this was a great idea, he was concerned with the possibility of future casualties of Baldwin Park residents. Mayor Pro Tern Olivas suggested to rename the Post Office after the first fallen Baldwin Park Soldier, Atanacio Haro-Marin. Mayor Lozano directed staff to send a letter to the Congresswoman requesting the Baldwin Park Post Office be re-named after the first fallen Baldwin Park serviceman, US Army Sgt. Atanacio Haro- Marin and to look into funding for a granite monument in recognition of others. Councilmember Garcia suggested that the granite memoral be placed at the post office. Mayor Lozano stated his preference to have it at Morgan Park. Staff was requested to bring this matter back for discussion/direction. 2) Request for City Council discussion on a proposed Ordinance relating to group homes in the City of Baldwin Park; and Mayor Lozano commented on his request and gave statistics of group homes in the City of Baldwin Park and the need for enforcement of these establishments. Councilmember Pacheco added that he had received numerous phone call complaints regarding a particular group home in the City Foster Avenue.) City Attorney Pannone stated that there are state laws applicable to this type of establishment and will be referenced in the proposed Ordinance. Staff was requested to bring back an Ordinance for City Council review and approval. 3) Request for City Council discussion establishing a med waste depository within the City of Baldwin Park Mayor Lozano commented on the issue of med waste being in the water system and proposed a waste depository in the City of Baldwin Park. He suggested requesting the support of Queen of the Valley or Kaiser Permanante. Chief Executive Officer Singhal advised that the city has been Page 7 of 9 2006 03 15 CC MIN ×PÄˆ ˜ö working in conjunction with waste management. 18. Request by Councilmember Garcia for discussion on the following: 1) Request City Council approval to send a letter to Senator Tom Torlakson in support of SB 362 Physical Education, which, if approved, will establish a teacher training program for Physical Education teachers and will require districts to assure students are active in P.E.; and There were no objections to Councilmember Garcia's request. Staff will forward the subject letter to Senator Torlakson. 2) Request City Council approval to send letter to Senator Elaine Alquist in support of SB 1329 Health Foods Access Act of 2006, which if approved, will create a program to finance grocery stores, markets and farmers' markets in low-income communities. Councilmember Garcia presented her item and requested Council support. Staff will forward the subject letter to Senator AIquist. Councilmember BeJ'arano commented on the movement in Sacramento to limit eminent domain power in cities and directed staff to track the progress of the issue. He stated the need to have coalitions between associations to fight this initiative and that Baldwin Park needs eminent domain to grow and develop. City Attorney Pannone advised that were two bills and three initiates that would potentially be on the ballot that would limit the way cities could use redevelopment. Councilmember Pacheco directed staff to place the names of the St. John's students on the Morgan Park marquee and have a link available on the city's website. He also directed staff to schedule meetings with local financial institutions to see how they assist the segment of the population in Baldwin Park that need check cashing services. Councilmember Pacheco also suggested that at each Council meeting, the Councilmembers make a recommendation of a local restaurant and that the information be published in the NOW. Mayor Pro Tern Olivas advised that he had sent a letter of opposition to Supervisor Gloria Molina regarding the split of 911 emergency services and commented on the Cornelius Case regarding the towing of vehicles. He also requested that the Public Library Events, Women's Club Events & Park Master Plan events be included on the Council Calendar. Mayor Pro Tern Olivas inquired of Chief Executive Officer Singhal if a staff member would be available to man a booth at the upcoming business expo and commented on the actions of the Board of Supervisors to contract for services of Section 8 enforcement. He also advised that the Council will be sending a Public Hearing notice for the freeway projects and requested that the city have a diabetes awareness forum for the residents of Baldwin Park. The City Council acknowledged the service of Public Works Director Naiyer and thanked him for his service to the City. Mayor Pro Tern Olivas requested that the meeting be adjourned in recognition of Public Works Director Naiyer. Page 8 of 9 2006 03 15 CC MIN ×PÄˆ ˜ö ADJOURNMENT There being no other matters for discussion, the meeting was adjourned at 9:19 p.m. Approved as presented by the Council at their meeting held April 5, 2006. Y n 9ko Laura M. Nieto j Deputy City Clerk Page 9 of 9 BIB] 38960-U01 2006-U02 03-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO84155-U03 DO91918-U03 C4-U03 MINUTES1-U03 8/31/2006-U04 ROBIN-U04