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Home My WebLink About2008 05 07 CC MIN2008 05 07 CC MINHÄ—@¸—BZ Í«MINUTES CITY OF BALDWIN PARK WEDNESDAY, MAY 07, CITY COUNCIL A 2008 7:00 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 Mayor Pro Tern Bejarano PLEDGE OF ALLEGIANCE ANNOUNCEMENTS Councilmember Monica Garcia closed on behalf of Jose Ramon Perez; Councilmember Pacheco thanked all who participated in the Relay for Life and the Keep Baldwin Park Beautiful events and further announced the birth School Board Member Blanca Rubio's daughter and City Clerk Rubio's niece, Nadia. Councilmember Monica Garcia thanked staff for the speed feedback sign unveiling at Pleasantview Elementary Mayor Lozano read a biography of Mr. John Morris and was joined by the City Council, City Clerk and City Treasurer in presenting a plaque to his widow Mai Morris ROLL CALL Page 1 of 9 BIB] 39597-U01 2008-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117566-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04 2008 05 07 CC MINHÄ—@¸—BZ Í«Present: Councilmember Monica Garcia, Councilmember Pacheco, Mayor Pro Tern 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, City Treasurer Contreras, City Clerk Rubio, Deputy City Clerk Nieto, David Bass, Finance Consultant, Lili Hadsell. Councilmember Marlen Garcia arrived at 7:17 p.m. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Proclamation proclaiming May as Older American's Month in the City of Baldwin Park and certificate presentation to Maria Valenzuela and Victoria Martinez, 2008 Seniors of the Year Mayor Lozano, joined by the City Council, City Clerk and Treasurer presented the proclamation to the seniors in attendance and certificates to Ms. Valenzuela and Ms. Martinez Proclamation presentation to Miss Poppy Bridget Blaney proclaiming May 11th 17th as Poppy Week in the City of Baldwin Park Councilmember Marlen Garcia read the proclamation and was joined by the Mayor, City Council, City Clerk and Treasurer in presenting the proclamation to Miss Poppy Bridget Blaney Proclamation proclaiming May 4th 10th as City Clerk Week in the City of Baldwin Park Councilmember Pacheco read the proclamation and was joined by the Mayor, City Council & City Treasurer in presenting the proclamation to City Clerk Rubio and Deputy City Clerk Nieto Proclamation proclaiming May 10th as Global Warming Awareness Day in the City of Baldwin Park Mayor Lozano read the proclamation and was joined by the City Council, City Clerk and City Treasurer in presenting it to Baldwin Park High School student Ashley Broussard Mayor Lozano requested that there be an announcement in the NOW and City marquee in recognition of Global Warming Awareness Day and the efforts of student Ashley Broussard. Presentation of Plaque to Antonio Castaneda in celebration of his 104th birthday Page 2 of 9 BIB] 39597-U01 2008-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117566-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04 2008 05 07 CC MINHÄ—@¸—BZ Í«Councilmember Pacheco, joined by the City Council, City Treasurer and City Clerk in presenting a plaque to Mr. Castaneda City Clerk Rubio announced Jack & Billy Rumney's 60th wedding anniversary Certificate presentation to Cecelia Bernal, 2008 Woman of Achievement in the 57th Assembly District The presentation of this certificate was deferred to the next meeting. Certificate presentation to City Treasurer Maria Contreras in recognition of being named Macy's Employee of the Year Mayor Lozano, joined by the City Council and City Clerk presented a certificate to City Treasurer Maria Contreras Certificate presentation to the Baldwin Park Women's Club in recognition of Federation Day This presentation was deferred to the next meeting. PUBLIC COMMUNICATIONS Ken Woods, resident/business owner, announced that three Baldwin Park residents recently went to speak before a judiciary hearing regarding eminent domain abuse Augie Galaviz, resident recognized all of those who have paid the ulitmate price for our freedom and asked everyone to honor it. Invited the public to Memorial Day festivities at Morgan Park Susan Reyes, representative from Assemblymember Hernandez' office introduced herself to the City Council. She invited everyone to a town hall meeting at APU regarding the state budget and its impact on education Cruz Baca Simbella, resident thanked the Baldwin Park residents and vendors who assisted with the Cinco de Mayo events in the Albertson's parking lot Gail Zous, former Baldwin Park resident, thanked the military personnel for their service and thanked those who support revitalization. The residents of this city want to be a part of the change. Cece Lee, Ramona Blvd, shared the success of the recent cinco de mayo festivities and announced an upcoming event on June 28th Magda Torrellas, resident spoke in favor of the proposed redevelopment project and housing issues Joseph Dejulian, resident acknowledged those in favor of redevelopment and recognized that renters will not be taken care of. He stated his support of Proposition 98 and commented on recent PAC proceedings. Page 3 of 9 BIB] 39597-U01 2008-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117566-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04 2008 05 07 CC MINHÄ—@¸—BZ Í«Gail Woods, resident/business owner commented on NPDES inspections and contact with the Public Works Department Thomas Carey, resident spoke about eminent domain and the upcoming propositions Greg Tuttle, business owner commented on the Sister City Association and its affiliation with the Project Area Committee. PAC agendas, etc. being in Spanish since there is a spanish-speaking individual on the PAC Argentina Crambert, PAC member spoke in favor of the downtown project and that she had been approached regarding her appointment Rosie Breceda, business owner and resident responded that she was the one who approached the prior speaker but that she did it with respect and wanted to let her know that she should be able to understand everything that was going Josefina Rivas, resident spoke about issues with transportation and requested to meet with the Councilmembers Councilmember Pacheco requested that staff update Council on the public transporation issues that are very prevalent in the community Rosa Vasquez, resident spoke about recent permits that were pulled and the C&D deposits. She requested Council assistance with the matter Councilmember Pacheco requested an update from staff regarding the C & D program. Mayor Lozano requested that Ms. Vasquez leave her information with the City Clerk for follow up. Tony Mena, resident expressed empathy to those being effected by the proposed redevelopment project Leslie Bito, resident/CARA member commented on those who have attended their meetings. She also announced the success of the past weekends event. James Treasure, resident/CARA member spoke about the current situation with those in attendance at the Council meetings Public Communications were closed at 8:42 p.m. In response to a request from Councilmember Monica Garcia, City Attorney Pannone explained certain aspects of Proposition 98 as they related to renters and their rights. Several aspects of Prop 98 are not related to eminent domain agencies have to provide relocation assistance for renters and relocation benefits to include payment for rent increase. CONSENT CALENDAR Motion: Approve Consent Calendar with the exception of #6) as presented and as follows: Page 4 of 9 BIB] 39597-U01 2008-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117566-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04 2008 05 07 CC MINHÄ—@¸—BZ Í«Moved by Mayor Lozano, seconded by Councilmember Marten Garcia. 1. WARRANTS AND DEMANDS City Council received and filed. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF MAY 7, 2008 MAY 20, 2008 City Council approved the preparation and presentation of the plaques, proclamations and certificates as outlined in the staff report. 3. MINUTES City Council approved the minutes of the April 16, 2008 meeting special and regular.) 4. MONTHLY FINANCIAL REPORT City Council received and filed the monthly financial report for the period ended March 2008. 5. LETTER AND RESOLUTION IN SUPPORT OF THE COALITION FOR SMOKE-FREE LOS ANGELES PARKS CSFLAP) City Council approved a letter in support of the Coalition for Smoke-Free Los Angeles Parks CSFLAP) and waived further reading, read by title only and adopted Resolution No. 2008-022 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING ITS SUPPORT OF THE COALITION FOR SMOKE-FREE LOS ANGELES PARKS." The following item was pulled by Councilmember Pacheco for separate discussion: 6. NOTICE OF COMPLETION AND PROJECT ACCEPTANCE FOR JULIA MCNEILL SENIOR CENTER, CIP 604, CONSTRUCTED BY CWS SYSTEMS, INC. Councilmember Pacheco wanted staff to ensure that all punch list items are completed prior to filing the notice of completion. Director Galvez stated that to the best of his knowledge, all of the items have been completed with the exception of a tile placement. Retention funds will be used for this matter. Councilmember Pacheco requested that this matter be postponed until all items are completed. Motion: Table until project is complete Moved by Councilmember Pacheco, seconded by Councilmember Monica Garcia. 7. RESOLUTION NO. 2008-024 INITIATING THE PROCEEDINGS AND ORDERING PREPARATION OF THE ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT Page 5 of 9 BIB] 39597-U01 2008-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117566-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04 2008 05 07 CC MINHÄ—@¸—BZ Í«DISTRICT City Council waived further reading, read by title only and adopted Resolution No. 2008-024 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE 2008-2009 LEVY OF ANNUAL ASSESSMENTS FOR THE CITY OF BALDWIN PARK LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE." 8. RESOLUTION NO. 2008-025 ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE PARKS MAINTENANCE ASSESSMENT DISTRICT FOR FY 2008-2009 Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2008-025 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE 2008-2009 LEVY OF ANNUAL ASSESSMENTS FOR THE CITY OF BALDWIN PARK PARKS MAINTENANCE DISTRICT, AND ORDERING THE PREPARATION OF A REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE." 9. AWARD OF CONTRACT FOR PYROTECHNIC SERVICES FOR THE FOURTH OF JULY FIREWORKS CELEBRATION City Council 1) awarded a contract to Pyro Spectaculars, Inc. for professional pyrotechnic services related to the 4th of July Fireworks Celebration in the amount of $16,500 and 2) authorized the Director of Recreation and Community Services to execute the Agreement. SET MATTERS PUBLIC HEARINGS 7:00 P.M. or as soon thereafter as the matter can be heard). If in the future you wish to challenge the following in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk and/or City Council at or prior to the public hearing. 10. PUBLIC HEARING TO CONSIDER THE FISCAL YEAR 2008-2009 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT CDBG) AND HOME INVESTMENT PARTNERSHIP HOME) FUNDS, AND CITIZEN PARTICIPATION PLAN Mayor Lozano opened the public hearing for those wishing to speak in favor or opposition. Seeing no interest, the public hearing was closed Motion: Approve the City's FY 2008-2009 Annual Action Plan for Community Development Block Grant CDBG) and HOME Investment Partnership HOME) Page 6 of 9 BIB] 39597-U01 2008-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117566-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04 2008 05 07 CC MINHÄ—@¸—BZ Í«Programs and the FY 2008 Citizen Participation Plan. Moved by Councilmember Marlen Garcia, seconded by Mayor Lozano. REPORTS OF OFFICERS 11. FIRST READING OF ORDINANCE NO. 1315 AMENDING CHAPTER 119 GARAGE, YARD AND PATIO SALES" OF THE BALDWIN PARK MUNICIPAL CODE ESTABLISHING NEW LANGUAGE PROVISIONS Associate Planner Lopez presented the report. Mayor Pro Tem Bejarano commented on the proposed ordinance with regards to hours of set up. Mayor Lozano concurred. Councilmember Pacheco commented on Item C, requesting that there be a warning" prior to issuance of a citation/infraction. Associate Planner Lopez stated that existing hours can be maintained 7:00 to 8 a.m. for set up and 6:00 to 7:00 p.m. break down), warning is already in place as a courtesy City Attorney Pannone suggested that subsection B be removed and that the hours be changed 4:00 p.m. to 7:00 p.m. so that the ordinance could be introduced for first reading at the current meeting. Motion: City Council waived further reading, read by title only and introduced for first reading Ordinance No. 1315 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 119.02 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO GARAGE/YARD SALES" as amended Moved by Mayor Lozano, seconded by Mayor Pro Tern Bejarano. Mayor Pro Tom Bejarano requested that staff continue to be stringent on the enforcement of yard sales only during the permitted weekends. CITY COUNCIL/ CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Councilmember Pacheco requested 1) staff update on the dial-a-ride program, including driver staffing, wait time, etc.; 2) spot auditing on the Construction & Demolition program; and 3) code enforcement focus on vacant homes Councilmember Marlen Garcia requested that the students who participated in the Congresswoman's Artistic Discovery program be recognized and that their artwork be displayed at the next meeting. She also requested an update on the shopping cart ordinance that the Council recently adopted. It was requested that staff look into soliciting contributions from local businesses to provide pull carts for those residents who previously used shopping carts to transport their items. Mayor Pro Tem Bejarano thanked staff for the event at Pleasantview for the sign unveiling. He also commented about the uses of eminent domain as it related to cities. Page 7 of 9 BIB] 39597-U01 2008-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117566-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04 2008 05 07 CC MINHÄ—@¸—BZ Í«Councilmember Monica Garcia thanked staff for their efforts in the Keep Baldwin Park Beautiful" event Mayor Lozano requested a letter and resolution in opposition the proposed conversion of the HOV lane into a toll road on the 1-10 Freeway. He also requested the maintenance of Maine Avenue between Ramona to Clark street. RECESS TO CLOSED SESSION OF THE CITY COUNCIL A) CONFERENCE WITH LABOR NEGOTIATOR GC 54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer; Richard Kreisler and other representatives as designated Employee Organizations: SEIU, Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Baldwin Park Police Officer's Association and General Management Employees B) CONFERENCE WITH REAL PROPERTY NEGOTIATOR GC 54956.8) Property: 3200 Puente Avenue City Negotiators: Vijay Singhal and Joseph Pannone Negotiating party: Home Depot Legal Department Under negotiation: Terms and conditions of a lease of real property C) CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION GC 54956.9) Significant exposure to litigation pursuant to subdivision b) of Section 54956.9 Number of Cases: One 1) D) PUBLIC EMPLOYEE APPOINTMENT GC 54957) Title: Chief of Police RECONVENE IN OPEN SESSION The City Council reconvened in open session with all members present at 11:30 p.m. REPORT FROM CLOSED SESSION Mayor Lozano reported that the City Council had unanimously appointed Lt. Lili Hadsell as Chief of Police. There was nothing further to report. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 11:31 p.m. Approved as presented by the Council at their meeting held May 21, 2008. Page 8 of 9 BIB] 39597-U01 2008-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117566-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04 2008 05 07 CC MINHÄ—@¸—BZ Í«Laura M. Nieto Deputy City Clerk Page 9 of 9 BIB] 39597-U01 2008-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117566-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04