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Home My WebLink About2008 01 09 CC MIN2008 01 09 CC MINHÄ—@¸—B Í«MINUTES CITY OF BALDWIN PARK o,,, WEDNESDAY, JANUARY CITY COUNCIL 09, 2008 1:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tern Marlen Garcia, Monica Garcia, Ricardo Pacheco, Council Members 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 Pastor Jackson. PLEDGE OF ALLEGIANCE ROLL CALL Present: o'vtl 1E~.%; Councilmember Marlen Garcia, Councilmember Monica Garcia, Councilmember Pacheco, Mayor Pro Tem Bejarano, Mayor Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Joseph W. Pannone, City Attorney, Manuel Carrillo Jr., Director of Recreation & Community Services, Marc Castagnola, Community Development Manager, William Galvez, Director of Public Works, Ed Lopez, Chief of Police, City Treasurer Contreras, City Clerk Rubio, Rosemary M. Gutierrez, Chief Deputy City Clerk. ANNOUNCEMENTS Mayor Lozano adjourned in memory of Rene Gomez, sister-in-law of Acting Housing Manager Suzie Ruelas. Councilmember Garcia wished everyone a Happy New Year. She also referenced the Governor's State of the State address with regards to cut-backs that the City could be expecting. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS * Presentation of Plaque to Lt. Bob Delgado in Recognition of his retirement Page 1 of 9 BIB] 39597-U01 2008-U02 01-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117554-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04 2008 01 09 CC MINHÄ—@¸—B Í«Lt. Delgado was not present. Plaque will be sent to him. * Certificates of Recognition to the Thanksgiving Care Package program volunteers Mayor was joined by the City Council, City Clerk and the City Treasurer in presenting the certificates. Mayor Lozano announced the dedication of the Post Office in honor of the first fallen Baldwin Park serviceman, Sgt. Atanacio Haro-Marin to be held February 2. 2008. PUBLIC COMMUNICATIONS Public Health Representative gave a brief presentation on the benefits of breastfeeding. Beng Lei, Rowland Heights, announced a Chineese New Year spectacular show to be held at the Nokia Theatre, premiering Jan 18-20, 2008. Yanni Leui, resident of Baldwin Park, spoke on the persecution of Falun Gong practitioners in China. December 22, 2007 article in the SGV Tribune regarding Ms. Leui's mother. Congressman Schiff and Congresswoman Solis have each written letters to the President in China asking for her mother's release. Speaker requested reconsideration of a resolution and a letter to Beijing Mayor requesting Ms. Leui's mother's release. Ms. Lo, Rowland Heights also requested Council support of a resolution and letter requesting to condemn the persecution of Falong Gong practiotioners be sent to the Mayor in Beijing requesting release of her husband. Jae Lei, resident of Rowland Heights, spoke in support the request of the previous two speakers and requested Council support of a resolution and letter be sent to the Mayor of Beijing. Mr. Ray Alber, stated that he received an offer from the City for both properties. Mr. Alber stated that his business is not for sale. Mr. Bryan Urias, representative to Congresswoman Hilda Solis announced a grant seminar on Jan 24 & 25th in Rosemead. Mr. Urias also stated that the Congreswoman is not in favor of the new ordinance No. 1310. Mr. Urias read the letter for the record. Congresswoman feels that the ordinance will be challenged in court and strongly urged that it not be approved. Theresa Villegas, spoke on AB 493. Speaker Spencer Quan from Berkley California, Union of Concern Scientists spoke about the California clean car discount. Speaker requested a letter of support be sent to Assemblymember Hernandez. Rosa Soto, Regional Director for the California Center for Public Health Advocacy Page 2 of 9 BIB] 39597-U01 2008-U02 01-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117554-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04 2008 01 09 CC MINHÄ—@¸—B Í«supported colleagues and requested a policy regarding breastfeeding and asked that a resolution be passed to encourage local businesses to make breastfeeding a priority. Andrew Carlos Morales, Baldwin Park whole-heartedly supports revitalization project. Cruz Simbella-Baca, spoke on behalf of her parents in opposition of the eminent domain issues related to the downtown revitalization project. Jose Luis Sanchez, resident, with the assistance of Interpreter Salceda) spoke in opposition to the ordinance as written. Jesus Barragan, Baldwin Park, spoke with the assistance of Interpreter Salceda in support of the day laborers and in opposition to the proposed ordinance as written. Cecelia Lee, Business Owner, and member of CARA spoke in opposition of the eminent domain issue related to the downtown revitalization project. Rafael Ortiz, 14411 Palmrose, Baldwin Park, mayor answered phone. Thomas Carey, spoke in opposition to the congregation of day laborers at Home Depot. Mr. Carey also spoke in opposition to the downtown development project particulary the eminent domain issue. Raul Reyes, resident, requested Council reconsider adoption of Ordinance No. 1310. James Treasurer, spoke in opposition to the eminent domain consideration associated with the proposed downtown revitalization project. Mr. Jose Torres, spoke with the assistance of Interpreter Salceda on behalf of the day laborers network in El Monte. El Monte site is a superior site and is managed very well. Ken Woods, Baldwin Park resident & business owner spoke regarding comments at a past meeting and the downtown revitalization project. Greg Tuttle, business owner spoke about various allegations. James Park, Hans Beauty Supply, spoke in support of the proposed Ordinance No. 1310. Carol Woods, Woods & Sons 4125 Alderson, spoke in opposition to the eminent domain portion of the proposed downtown revitalization project. Cesar Gastillian, business ownerspoke in opposition to the eminent domain portion of the proposed downtown revitalization project. Oliva Baca Davidson, on behalf of parents on Downing Avenue spoke in opposition to the eminent domain portion of the proposed downtown revitalization Page 3of9 BIB] 39597-U01 2008-U02 01-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117554-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04 2008 01 09 CC MINHÄ—@¸—B Í«project. Maria Mora, Baldwin Park, spoke on behalf of Refujio Baca. Ms. Mora stated her opposition to the proposed project and the potential displacement of residents. Mayor Lozano called on Rafael Olivares, Jose Robles and Jose Torres stating that he and Councilmember Marten Garcia are working with these gentlemen in an effort to resolve the day laborer site issue. Mayor Lozano requested individuals be recognized with the presentation of a certificate for their efforts. Councilmember Pacheco stated that he too has been working with the day laborers and expressed concern that this matter has not been placed on the agenda for approval. Mayor Lozano is waiting for a response from Home Depot for the placement of a center. Councilmember Pacheco requested to hold off on the approval of the ordinance. CONSENT CALENDAR Motion: Approve CONSENT CALENDAR with the exception of Item Nos. 4, 6, 7 and 9 Item #7 will be considered under Public Hearings) Moved by Mayor Lozano, seconded by Councilmember Marten Garcia. 1. WARRANTS AND DEMANDS City Council received and filed the report. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD JANUARY 9, 2008 TO FEBRUARY 5, 2008 City Council approved the preparation and presentation of the plaques and certificates as outlined in the staff report. 3. CITY TREASURER'S REPORT NOVEMBER, 2007 City Council received and filed the report. 5. AMENDMENT NO. I TO AGREEMENT WITH DAVID BASS, CONTRACTOR City Council approved Amendment No. 1 to the Agreement with David A. Bass and authorized the Mayor to execute the Amendment The following items were pulled by Councilmember Monica Garcia: 4. MINUTES Councilmember Garcia announced for the record that the minutes would be amended as per the notes that were provided to the City Clerk's office. City Council approved the minutes of the December 5, 2007 meeting regular), the December 10, 2007 meeting special) and the December 19, 2007 meeting regular). Page 4 of 9 BIB] 39597-U01 2008-U02 01-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117554-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04 2008 01 09 CC MINHÄ—@¸—B Í«Motion: Approve the minutes of the December 5, 2007 meeting regular), the December 10, 2007 meeting special) and the December 19, 2007 meeting regular) as amended. Moved by Mayor Pro Tern Bejarano, seconded by Councilmember Marlen Garcia. 8. 2nd READING OF ORDINANCE NO. 1310 Councilmember Monica Garcia commented that regardless of individual stances on the matter, the one thing in common is that they are all looking for a solution. She spoke to the efforts of the Mayor, Councilmember Marlen Garcia, Congresswoman Solis, the day laborers and Home Depot and felt that solution can be developed through an approach that is the best scenario, a win-win situation. She requested that the Council defer the approval of the ordinance until a resolution for a definitive day laborer site is reached. Motion: Table Mayor Pro Tern Bejarano objected. Moved by Councilmember Marlen Garcia, seconded by Councilmember Pacheco. Vote: Motion carried 4-1. Ayes: Councilmember Marlen Garcia; Councilmember Monica Garcia; Councilmember Pacheco; Mayor Lozano Noes: Mayor Pro Tern Bejarano Councilmember Pacheco reiterated that he did not support the ordinance however, is voting to continue to the next meeting. Mayor Pro Tom Bejarano expressed concern that this has been discussed for quite some time and stated that it was not a day laborer issue, it was a parking lot & safety issue that the constituency is requesting be resolved. The following item was pulled by Councilmember Pacheco: 6. AWARD OF CONTRACT TO COPLOGIC, INC., FOR ONLINE REPORTING SERVICE Councilmember Pacheco inquired about how the RFP was processed. Chief Lopez explained that the department followed the procedures outlined in the Municipal Code. Motion: 1) approve the selection of Coplogic, Inc.; and 2) approve a License Agreement and a Software Support and Maintenance Agreement between the City of Baldwin Park and Coplogic, Inc.; and 3) authorize the Mayor to execute the Agreements with Coplogic, Inc. Moved by Councilmember Pacheco, seconded by Mayor Lozano. The following item was pulled by Councilmember Maren Garcia: 9. PUBLIC SAFETY TAX MEASURE Councilwoman Marlon Garcia requested to table this item indefinitely. Page 5 of 9 BIB] 39597-U01 2008-U02 01-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117554-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04 2008 01 09 CC MINHÄ—@¸—B Í«Councilmember Pacheco stated his opposition to any tax measures. Mayor Lozano also commented on the matter. Motion: Table indefinitely. Mayor Pro Tom Bejarano & Councilmember Pacheco requested to poll the community to determine if there was support prior to the matter coming back to Council. Moved by Councilmember Marlen Garcia, seconded by Councilmember Pacheco. SET MATTERS PUBLIC HEARINGS 7. BUILDING AND SAFETY SCHEDULE OF SERVICES CHARGES AND PERMIT FEES 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. Motion: Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2008-002 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING RESOLUTION NO. 2002-020, 2004-049 AND REPEALING 2006-070 SETTING FEES FOR ISSUANCE, PROCESSING AND FILING OF VARIOUS CITY SERVICES AND PERMITS IN THE CITY RELATING TO BUILDING AND PLAN CHECK FEES". Councilmember Pacheco objected. Moved by Councilmember Marlen Garcia, seconded by Mayor Pro Tern Bejarano. Vote: Motion carried 4-1. Ayes: Councilmember Marlen Garcia; Councilmember Monica Garcia; Mayor Pro Tern Bejarano; Mayor Lozano Noes: Councilmember Pacheco REPORTS OF OFFICERS 10. RESOLUTION APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY AND CONSIDERATION OF APPOINTMENTS TO ESTABLISHED IN-HOUSE COMMITTEES Continued from December 19, 2007) #1 San Gabriel Valley Water Association No change #2 Los Angeles County Sanitation District Nos. 15 & 22 Mayor Lozano Representative Mayor Pro Tern Bejarano Alternate #3 League of California Cities Los Angeles County Division Councilmember Monica Garcia Representative Councilmember Marlen Garcia Alternate Page 6of9 BIB] 39597-U01 2008-U02 01-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117554-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04 2008 01 09 CC MINHÄ—@¸—B Í«#4 Civil Defense Area D" Director's Meeting No change #5 Civil Defense Area D" General Membership No change #6 Independent Cities Association Councilmember Marlen Garcia Representatative Councilmember Monica Garcia Alternate #7 Independent Cities Association Lease Finance Authority No change #8 Los Angeles County City Selection Committee Mayor Lozano Representative Councilmember Marlen Garcia Alternate #9 Southern California Association of Governments Councilmember Monica Garcia Representative Mayor Pro Tern Bejarano Alternate #10 Foothill Transit Zone No change #11 San Gabriel Valley Council of Governments Mayor Pro Tern Bejarano Representative Councilmember Monica Garcia Alternate #12 Independent Cities Risk Management Authority ICRMA) Councilmember Pacheco Representative Mayor Lozano Alternate Human Resources Manager Leticia Lara Substitute Alternate #13 Baldwin Park Chamber of Commerce No change #14 San Gabriel Valley Economic Partnership Councilmember Monica Garcia Representative Councilmember Marlen Garcia Representative COMMITTEE APPOINTMENTS Graffiti Task Force: No Change In-House Freeway Task Force: Councilmember Marlen Garcia & Councilmember Monica Garcia 2+2+2 City Council: Councilmember Monica Garcia & Mayor Manuel Lozano Shopping Center: No Change Page 7 of 9 BIB] 39597-U01 2008-U02 01-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117554-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04 2008 01 09 CC MINHÄ—@¸—B Í«Fireworks Committee: MOTION TO DISSOLVE. Motion Mayor Lozano, Second Mayor Pro Tern Bejarano no objections, motion carried. 11. FIRST READING OF ORDINANCE NO. 1313 Mayor Pro Tom Bejarano spoke about the impact to residents of the parked vehicles by Metrolink commuters. He supports ordinance and requested staff to look at other streets impacted by similar parking problems near the Metrolink station. Motion: waive further reading, read by title only and introduce for first reading Ordinance No. 1313 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CHAPTER 74 OF THE BALDWIN PARK MUNICIPAL CODE DECLARING A TWO-HOUR PARKING RESTRICTION ON RAMONA BOULEVARD BETWEEN BADILLO STREET AND AUCTION AVENUE". Moved by Councilmember Marlen Garcia, seconded by Mayor Lozano. 12. FIRST READING OF ORDINANCE NO. 1314 Associate Planner Lopez presented the report. Motion: waive further reading, read by title only and introduce for first reading Ordinance No. 1314 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 98.02 OF AND ADDING SECTION 98.07 AND 98.08 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO SHOPPING CART CONTAINMENT; APPLICANT: CITY OF BALDWIN PARK". Moved by Mayor Lozano, seconded by Mayor Pro Tem Bejarano. CITY COUNCIL/ CITY CLERK/ CITY TREASURER/ STAFF REQUESTS & COMMUNICATIONS 13. Request by Mayor Manuel Lozano for discussion on the following: Request for Council support of AB 493 California Clean Car Discount Program Mayor Lozano presented this item there were no objections and staff was directed to send a letter of support. The Council requested a schedule of all funding to be allocated for various projects. Director Galvez will forward to Council under separate cover. Councilmember Marten Garcia requested that staff look into developing a breast-feeding policy. There were no objections. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 9:40 p.m. Page 8 of 9 BIB] 39597-U01 2008-U02 01-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117554-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04 2008 01 09 CC MINHÄ—@¸—B Í«Approved as presented by the Council at their meeting held February 6, 2008. Laura M. Nieto Deputy City Clerk Page 9 of 9 BIB] 39597-U01 2008-U02 01-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117554-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04