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HomeMy WebLinkAbout2007 12 19 CC MIN2007 12 19 CC MINHÄ—@¸—ØwÍ«MINUTES CITY OF BALDWIN PARK WEDNESDAY, DECEMBER CITY COUNCIL 19, 2007 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Marlen Garcia, Mayor Pro Tern Members: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco 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 PLEDGE OF ALLEGIANCE ANNOUNCEMENTS Mayor Lozano stated for the benefit of the audience that he had spoken with the Chief of Staff for Congresswoman Solis and learned that $400K had been approved for clean air buses in the City of Baldwin Park. He thanked the Congresswoman for her efforts. He further announced that Theresa. Villegas would be speaking on AB 493 Clean Car Discount). Councilmember Marlen Garcia requested to adjourn in memory of Baldwin Park resident Rachel Reyes who passed away on Dec 3, 2007. Ms. Reyes was a co- worker and a personal friend to Councilmember Marlen Garcia. She also requested to adjourn in memory of Baldwin Park resident Ana Franco. City Treasurer Contreras requested to adjourn in memory of Tony Bustamante, life-long resident and Mr. Silva. Mayor Lozano announced the retirement of City Attorney Scher. ROLL CALL Present: Councilmember Marlen Garcia, Councilmember Monica Garcia, Councilmember Pacheco, Mayor Pro Tern Bejarano, Mayor Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Stephanie Scher, City Attorney, Manuel Carrillo Jr., Director of Recreation & Community Page 1 of 8 BIB] 39470-U01 2007-U02 12-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO112462-U03 DO112464-U03 C4-U03 MINUTES1-U03 1/22/2008-U04 ROBIN-U04 2007 12 19 CC MINHÄ—@¸—ØwÍ«Service, Marc Castagnola, Community Development Manager, William Galvez, Director of Public Works, Ed Lopez, Chief of Police, City Treasurer Contreras, City Clerk Rubio, Rosemary Gutierrez, Chief Deputy City Clerk. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Recognition of outgoing Planning Commissioner Monica Garcia and Housing Commissioner Margarita Vargas Mayor was joined by the City Council, City Clerk and City Treasurer in presenting a plaque to former Housing Commissioner Margarita Vargas for her service to the community. Mayor was joined by the City Council, City Clerk and City Treasurer in presenting a plaque to former Planning Commissioner Monica Garcia for her service to the community. Presentation of Plaque to City Attorney Stephanie Scher in Recognition of her Retirement Mayor was joined by the City Council, City Clerk and City Treasurer in presenting a plaque City Attorney Stephanie Scher for her service to the community. Recognition of Baldwin Park Poliice Department Holiday Greeting Card Winner Blanca Sansur Mayor was joined by the City Council, City Clerk and City Treasurer in presenting a Certificate of Recognition to recipient Blanca Sansur. Mayor Lozano requested Blanca's picture and art rendering be published in the NOW. PUBLIC COMMUNICATIONS Cecelia Bernal, resident, thanked all for great job. Here in support of downtown project. Excited about all of the opportunities for the residents and the benefits the revitalizaiton will offer our community. Margarita Vargas, thanked her husband Mr. Fidel Vargas for his support of her civic involvement. Theresa Villegas, resident and consultant for scientist union spoke on AB 493 and distributed information to the Mayor and City Council. Andrew Carlos Morales, resident stated that he was raised in Baldwin Park and graduated from the Baldwin Park Unified School District system. Mr. Morales recently completed Masters from Pepperdine University. Has seen a significant amount of change in Baldwin Park. Mr. Morales spoke in support of the downtown revitalization project. Page 2 of 8 BIB] 39470-U01 2007-U02 12-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO112462-U03 DO112464-U03 C4-U03 MINUTES1-U03 1/22/2008-U04 ROBIN-U04 2007 12 19 CC MINHÄ—@¸—ØwÍ«Thomas Carey, resident, spoke in opposition to the proposed downtown redevelopment project. Becky Lopez, co-partner at Baldwin Park business spoke in opposition to the proposed downtown redevelopment project. Jose Luis Sanchez, resident spoke using City Translator Salceda, noted that the day laborers in Baldwin Park have organized and has letters from surrounding businesses supporting the day laborers' organization. The proposed ordinance will help the day laborer's in their organization. Marissa Nunzio, attorney for the National Day Laborer Network, stated that the translation was not completly accurate, that Mr. Sanchez intended to say is that he is not sure how the ordinance is going to work. Fidel Vargas, resident spoke in support to the proposed downtown redevelopment revitalization project. James Park, Hans Beauty Supply, expressed disappointment that it took Ordinance No. 1310 to get people from MALDEF and the day laborers to organize. Leslie Brito, resident and member of CARA renters, home owners, and business owners) stated that she is not against progress of Baldwin Park, they are just asking City Council to talk to people that are going to be affected. Want to make sure city does not use eminent domain. Greg Tuttle, business owner, spoke in opposition to the proposed downtown revitalization project. CONSENT CALENDAR Motion: Approve CONSENT CALENDAR with the exception of Item #6 Moved by Mayor Lozano, seconded by Councilmember Marlen Garcia. 1. WARRANTS AND DEMANDS City Council received and filed the report. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD DECEMBER 19, 2007 TO JANUARY 8, 2007 City Council approved the preparation and presentation of the plaques and certificates as outlined in the staff report. 3. APPROVAL OF REQUEST FOR PROPOSAL RFP) AUDIT SERVICES City Council approved the audit services Request for Proposal and authorized staff to issue the RFP. 4. APPROVAL FOR PURCHASE OF X26 TASERS Page 3 of 8 BIB] 39470-U01 2007-U02 12-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO112462-U03 DO112464-U03 C4-U03 MINUTES1-U03 1/22/2008-U04 ROBIN-U04 2007 12 19 CC MINHÄ—@¸—ØwÍ«City Council 1) waived the formal bidding process and approved the purchase of the X26 Tasers and associated equipment for issuance to all sworn personnel, and 2) directed the Finance Department to appropriate $78,124.57 to the budgetary account in cost center 112.25.5210, and 3) authorized the Chief of Police to proceed with purchasing the X26 Tasers and associated equipment. 5. RESOLUTION SUPPORTING THE RE-INTRODUCTION OF THE DREAM ACT LEGISLATION Continued from November 28, 2007) City Council waived further reading, read by title only and adopted Resolution No. 2007-072 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA DECLARING ITS SUPPORT FOR THE RE-INTRODUCTION OF THE DREAM ACT LEGISLATION AT THE NEXT LEGISLATIVE SESSION". Mayor Pro Tem Bejarano pulled the following item for separate discussion: 6. APPROVAL OF LATERAL POLICE OFFICER HIRING INCENTIVE Mayor Pro Tern Bejarano inquired as to where is the revenue coming from Chief Lopez stated it is the general funds reserves. Mayor Pro Tem Bejarano inquired whether there are any anticipated cost savings to offset the appropriation Chief Lopez responded that the department was having difficulty in attracting lateral entry officers and that the overall costs for a lateral officer is less than the amount of resources necessary to train a new level entry. Mayor Pro Tern Bejarano stated for the record that he has issues with mid- year appropriations and requested Council support in directing staff that if they have a plan to cut from other sources, or re-coop monies in one to two fiscal years. Councilmember Monica Garcia requested that the CEO look at grants and other funding opportunities. It was requested that in the future, a request for approval include a plan to recover the expenditure. Motion: Staff recommends City Council 1) approve Administrative Policy # AP 026 establishing a monetary incentive for the hiring of lateral police officers and for employees who recommend successful lateral police officer recruit(s) and 2) authorize a FY2007-2008 budget appropriation of $42,000 from General Fund Reserves to cost center 100-23- 5130 Patrol /Special Pay). Moved by Mayor Pro Tem Bejarano, seconded by Mayor Lozano. SET MATTERS PUBLIC HEARINGS 7. PUBLIC HEARING FOR 2nd READING OF ORDINANCE NO. 1308 Building Official Logan presented the report. Mayor Lozano. opened the public hearing for those wishing to speak in favor or opposition. Seeing no interest, the public hearing was closed. City Attorney Scher stated that this process is unusual stating that when a Page 4 of 8 BIB] 39470-U01 2007-U02 12-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO112462-U03 DO112464-U03 C4-U03 MINUTES1-U03 1/22/2008-U04 ROBIN-U04 2007 12 19 CC MINHÄ—@¸—ØwÍ«building code is adopted by reference, the law requires a public hearing on second reading. Motion: following the public hearing waive further reading, read by title only and adopt on second reading Ordinance No. 1308 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, REPEALING SECTIONS 150.001 THROUGH 150.115 OF CHAPTER 150 OF TITLE 15 AND ADDING PARTS 1 THROUGH 19 TO CHAPTER 150 OF THE BALDWIN PARK MUNICIPAL CODE ADOPTING BY REFERENCE: INTERNATIONAL BUILDING CODE, 2006 EDITION AND PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS CCR") AS THE BUILDING CODE; NATIONAL ELECTRICAL CODE, 2005 EDITION AND 24 CCR PART 3 AS THE ELECTRICAL CODE; THE UNIFORM MECHANICAL CODE, 2006 EDITION, APPENDICES CHAPTER 1, SECTIONS 112.2 112.2.5, A AND D AND 24 CCR PART 4 AS THE MECHANICAL CODE; THE UNIFORM PLUMBING CODE, 2006 EDITION APPENDICES CHAPTER 1, SECTIONS 103.1.2 103.1.2.2,A, D, I AND K AND 24 CCR PART 5 AS THE PLUMBING CODE; BUILDING ENERGY EFFICIENCY STANDARDS- STANDARDS FOR RESIDENTIAL AND NONRESIDENTIAL BUILDINGS" WHICH INCORPORATES 24 CCR PART 6 AS THE ENERGY CODE; 24 CCR PART 7 AS THE ELEVATOR SAFETY CONSTRUCTION CODE; 24 CCR PART 7 AS THE HISTORIC BUILDING CODE, THE INTERNATIONAL EXISTING BUILDING CODE, 2006 EDITION, INCLUDING THE APPENDICES THERETO, AND 24 CCR PART 10 AS THE EXISTING BUILDING CODE; AND 24 CCR PART 12 AS THE REFERENCED STANDARDS CODE; 24 CCR PART 12 AS THE REFERENCED STANDARDS CODE". Moved by Councilmember Marlen Garcia, seconded by Mayor Lozano. REPORTS OF OFFICERS 8. 1ST READING OF ORDINANCE NO. 1310 RELATING TO USE OF PARKING AREAS Continued from November 28, 2007) Mayor Lozano stated that he and Councilmember Marlen Garcia recently met with the day laborers from the Home Depot center. A concept was presented by the day laborers. When center is established all will be required to register and be required to congregate in the designated area. Councilmember Marlen Garcia stated the meeting was attended by the day laborers, a representative from Congresswoman Solis' office. The ordinance is going to help the problem by providing control. Home Depot is willing to designate an area on their premisses to allow the day laborers to congregate. Individuals will be required to stay within the designated area. Day Laborers have agreed to help to construct a day labor center that will compliment the neighborhood. In conclusion, Councilmember Marlen Garcia stated that the meeting was successful in that a favorable solution for all concerned had been reached. Councilmember Pacheco stated that Councilmember Marlen Garcia's comments are inaccurate. The ordinace as written, is prohibitive. It is poorly, written, poorly drafted. It's a bad policy. It's a bad ordinance. Chris Newman Page 5 of 8 BIB] 39470-U01 2007-U02 12-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO112462-U03 DO112464-U03 C4-U03 MINUTES1-U03 1/22/2008-U04 ROBIN-U04 2007 12 19 CC MINHÄ—@¸—ØwÍ«stated that he is still opposed to the ordinance. Requested to hold off on ordinance until such time that a day laborer center is constructed. Legislators Solis and Hernandez support this concept. Requested continued dialog with the day laborers. Mayor Pro Tern Bejarano requested the City Attorney interpret the ordinance for the inaccurate statements made by Council Member Pacheco. City Attorney stated that talking to someone in a car is not prohibited. The Girl Scouts would be a violation. From a legal prospective there is no difference if a child or an adult is selling a produce in a parking lot. Does not prohibit the sale in a walkway. The constitutionality courts have interpreted to apply to some private property. The courts have narrowed what private property that applies to. The only place the California constitution applies to is walkways or public walkways. Ordinance does not affect any areas subject to the free speech of the constitution. Mayor Pro Tern Bejarano stated for the record from perspective, primary concern is vehicular traffic and pedestrians safety issue and that is paramount problem that needs to be addressed. Councilmember Monica Garcia, acknowledged the efforts of Mayor Manuel Lozano, Councilmember Marten Garcia and Congresswoman Hilda Solis for bringing interested parties together, working toward a win-win", and approaching the matter in a proactive way. She supported providing a designated site for day laborers,where residents will feel comfortable visiting Home Depot and the other retail establishments in teh area, and hopes that the city will move in that direction and preferably take up the matter when there was a better timeline for the establishment of a designated area for the site. She further acknowledged that Home Depot, a major stakeholder int he City, Congresswom Solis' office, City officials and the day laborers were working together. She also provided an example of how the ordinance will be helpful on a broader scale in providing a tool for the addressing of other activities in the community. She will support the ordinance knowing that a plan that involves the City, Congresswoman Solis, Home Depot and other stakeholders will be implemented very soon. Motion: waive further reading, read by title only and introduce for first reading Ordinance No. 1310 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA ADDING CHAPTER 117 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE PERMITTED USES OF PARKING AREAS". Councilmember Pacheco objected. Moved by Councilmember Marten Garcia, seconded by Mayor Pro Tem Bejarano. Vote: Motion carried 4-1. Ayes: Councilmember Marlen Garcia; Councilmember Monica Garcia; Mayor Pro Tem Bejarano; Mayor Lozano Page 6 of 8 BIB] 39470-U01 2007-U02 12-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO112462-U03 DO112464-U03 C4-U03 MINUTES1-U03 1/22/2008-U04 ROBIN-U04 2007 12 19 CC MINHÄ—@¸—ØwÍ«Noes: Councilmember Pacheco 9. RESOLUTION APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY AND CONSIDERATION OF APPOINTMENTS TO ESTABLISHED IN-HOUSE COMMITTEES By Council consensus, this item was continued to January 9, 2008. CITY COUNCIL/ CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS 10. Request by Mayor Manuel Lozano for discussion on the following: Request for Council consideraltion for a citywide GREEN program with educational awareness of environmentally friendly alternatives to energy savings Continued from November 7, 2007) Look at energy savings and incorporate solar panel homes, heating, etc. with any new construction and housing in Baldwin Park. Councilmember Pacheco referred to other cities eliminating permit fees for compliance with solar panels. Options and alternatives and incentives to be looked into. Requested staff research this matter further. RP: Some streets are private streets that the payment go with the property. Mayor Lozano requested that the trans fat issue to be brought before the Council and expressed interest in having a session in February to invite all restaurants to participate in program. Would consist of a decal program and listing of restaurants in NOW that volunteer to participate in program. Deferred the establishment of a volunteer ordinance to the City Attorney. Councilmember Marlen Garcia thanked her colleagues for a challenging yet interesting year and also thanked the E-team and staff for their dedication and hard work. Mayor Pro Tern Bejarano wished residents of Baldwin Park, staff and colleagues Merry Christmas and Happy New Year. Councilmember Pacheco stated, with reference to his Campaign Statement Form 460) that alot of companies made large donations to his campaign. Councilmember Monica Garcia wished everyone Happy Holiday and looks forward for the new beginnings in 2008. Mayor Lozano thanked everyone, wished all a Merry Christmas and closed this meeting in honor of retiring City Attorney Stephanie Scher. City Clerk Rubio wished Happy Holidays to all and acknowledged Jonathan Contreras. ADJOURNMENT There being no other matters for discussion the meeting was adjourned in the Page 7 of 8 BIB] 39470-U01 2007-U02 12-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO112462-U03 DO112464-U03 C4-U03 MINUTES1-U03 1/22/2008-U04 ROBIN-U04 2007 12 19 CC MINHÄ—@¸—ØwÍ«memories of Rachel Reyes, Ana Franco, Tony Bustamante and Mr. Silva and in honor of City Attorney Stephanie Scher at 8:50 p.m. Approved as amended by the Council at their meeting held January 9, 2008. aura M. Nieto Deputy City Clerk Page 8 of 8 BIB] 39470-U01 2007-U02 12-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO112462-U03 DO112464-U03 C4-U03 MINUTES1-U03 1/22/2008-U04 ROBIN-U04