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Home My WebLink About2008 10 01 CC MIN (2)2008 10 01 CC MINHÄ—@¸—ÕXþMINUTES CITY OF BALDWIN PARK * WEDNESDAY, OCTOBER CITY COUNCIL 01, 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 Pastor Jackson PLEDGE OF ALLEGIANCE ANNOUNCEMENTS Mayor Lozano closed in memory of Gloria Taylor; Council member Monica Garcia closed in memory of Baldwin Park resident Isabel Gallegos Mayor Pro Tern Bejarano made a statement regarding his recent arrest Mayor Lozano announced the Senate approval of the economic bailout PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS ROLL CALL Present: Council member Marlen Garcia, Council member Monica Garcia, Council member Pacheco, Mayor Pro Tern Bejarano, Mayor Lozano. Absent: None. Also Present: Chief Executive Officer Vijay Singhal, City Attorney Joseph W. Pannone, Director of Recreation & Community Services Manuel Carrillo Jr., Community Development Manager Marc Castagnola, Director of Public Works William Galvez, Chief of Police Lili Hadsell, City Treasurer Contreras, City Clerk Rubio, Deputy City Clerk Nieto. Council member Pacheco arrived at 7:10 p.m. Page 1 of 6 BIB] 40819-U01 2008-U02 10-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO122320-U03 C4-U03 MINUTES1-U03 1/6/2009-U04 ROBIN-U04 2008 10 01 CC MINHÄ—@¸—ÕXþPUBLIC COMMUNICATIONS Ken Woods, resident requested further explanation on Item #6, the Biennial Conflict of Interest Code Beatriz Ruiz, Idaho St. resident, spoke with translation assistance by Margarita Vargas, stated that there are people drinking and urinating in public. Ms. Ruiz requested police patrol and enforcement of illegal activity in this vicinity. Chamber President Margaret Salonisen and Dave Luevano encouraged the Council to attend upcoming Chamber events and thanked the Mayor for his attendance at a recent event. Ileana Velasco, Santa Fe Elementary School student thanked Mayor Pro Tern Bejarano for his contributions to a recent event held at the school Rosie Fabian, President of League of Women's Voters/City Clerk of Covina announced an upcoming event being hosted by the League that would be taking place at the ARC. She thanked the Council the use of facility and encouraged all to attend. Simon Gillian, resident stressed the importance of an interpreter to translate the meetings in their entirety. He further requested an investigation as to why an inspection was done at his place regarding James Treasure. Thomas Carey, resident commented about a prior public hearing regarding a project on Kenmore. Angelica Montes, resident commented about a project in her neighborhood in the vicinity of Nubia Street and reported on activities that were taking place on a property in her neighborhood. Mayor Lozano directed her to Code Enforcement staff for handling of the matter. Cecilia Lee, property owner/business owner invited the Council and members of the public to attend an upcoming event that her business was hosting. Expressed her disappointment with the recent arrest of Mayor Pro Tern Bejarano. She further encouraged Chief Hadsell to let the District Attorney handle the matter and submitted a petition to the City Clerk Chief Hadsell announced that the case is in the District Attorney's office Binh Nguyen expressed his support of the Council and Mayor Pro Tern Bejarano. He encouraged the community to not pass judgment before the know all of the facts Anthony Dominguez, resident expressed his support of Mayor Pro Tern Bejarano and encouraged people to not rush to judgment before knowing the facts. Expressed pride in the Council and the city. Cesar Gachilian, resident expressed his concern about the conduct of particular elected officials and satisfaction with the Chiefs action to take Mayor Pro Tern Bejarano's case to the District Attorney. Stated that he held elected officials to a Page 2 of 6 BIB] 40819-U01 2008-U02 10-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO122320-U03 C4-U03 MINUTES1-U03 1/6/2009-U04 ROBIN-U04 2008 10 01 CC MINHÄ—@¸—ÕXþhigher standard because they held positions of trust. Kimberly Lazcano, Planning Commissioner stated for the record that she was not promoting the Bisno project at the Concerts in the Park as was previously alleged Rafael Garcia, Baldwin Park Library announced upcoming events and encouraged the community to attend Jesus Gonzales, resident expressed his concern about the lack of information that he had been receiving regarding the status of the proposed downtown project. He also commented about the condition of the Value Plus Parking lot Greg Tuttle, business owner/Pomona resident commended the Chief for her actions regarding Mayor Pro Tem Bejarano's case. He referred to past comments made by Mayor Pro Tem Bejarano and addressed Mayor Lozano's Form 700. He requested a meeting with Director Carrillo regarding his department's budget. Antoinette Garcia, expressed her concern regarding allegations about Mayor Pro Tern Bejarano's recent arrest and the facts surrounding it. She stated that he worked hard to accomplish the things he had and he deserved his seat on the Council. Magda Torrellas, resident commented about the recent articles about the arrest of Mayor Pro Tem Bejarano and expressed her support of him. She stated concern about the actions taken in regards to his arrest. Andrew Morales Miramontes, resident expressed his support of Mayor Pro Tem Bejarano. He further stated his support of the proposed downtown redevelopment project. Fidel Vargas, resident suggested the additional code enforcement be dispatched to the areas that have blight. He also commented about a vacant gas station at the corner of Baldwin Park Blvd. & Francisquito. Public Communications were closed at 8:05 p.m. Council member Pacheco responded to comments made by previous speakers and stated that he stands behind the comments he made in the Tribune. He stated that he did not condone the actions of Mayor Pro Tern Bejarano and thanked Chief Hadsell for the actions she took on this matter. Mayor Pro Tern Bejarano addressed the statements of speaker Tuttle and details of the report. He further responded to comments made about his employment history. CONSENT CALENDAR Motion: Approve CONSENT CALENDAR with the exception of #9) Moved by Council member Marlen Garcia, seconded by Council member Pacheco. Page 3 of 6 BIB] 40819-U01 2008-U02 10-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO122320-U03 C4-U03 MINUTES1-U03 1/6/2009-U04 ROBIN-U04 2008 10 01 CC MINHÄ—@¸—ÕXþ1. WARRANTS AND DEMANDS City Council received and filed. 2. PROPOSED RECOGNITIONS FOR THE PERIOD OF OCTOBER 1, 2008 THROUGH OCTOBER 14, 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 September 17, 2008 meetings special and regular.) 4. CLAIM REJECTIONS City Council rejected the claims of Anita Herrera, Baudelio Ortega, Eulogio Acevedo and Manuel Acevedo and directed staff to send the appropriate notice of rejection to the claimants. 5. CITY TREASURERS REPORT AUGUST 2008 City Council received and filed the report. 6. BIENNIAL CONFLICT OF INTEREST CODE City Council waived further reading, read by title only and adopted Resolution No. 2008-063 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE". 7. LETTER IN SUPPORT OF PROPOSED LEGISLATION THE RAIL COLLISION PREVENTION ACT City Council authorized staff to send a letter to United States Senators Dianne Feinstein and Barbara Boxer declaring its support of proposed legislation The Rail Collision Prevention Act. 8. 2nd READING OF ORDINANCE NO. 1321 City Council waive further reading read by title only and adopted on second reading, Ordinance No. 1321 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADDING CHAPTER 125 TO TITLE XI OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO LICENSING OF TOBACCO RETAILERS." The following item was pulled for separate discussion: 9. PROPOSED REFINANCING OF 2002 CERTIFICATE OF PARTICIPATION STREET IMPROVEMENT PROGRAM) Related Item #1 on Finance Authority Page 4 of 6 BIB] 40819-U01 2008-U02 10-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO122320-U03 C4-U03 MINUTES1-U03 1/6/2009-U04 ROBIN-U04 2008 10 01 CC MINHÄ—@¸—ÕXþagenda This item was considered jointly by the City Council and Finance Authority. CEO Singhal presented the report. Council member Pacheco commented on the significant benefits that this re- financing would bring to the community such as street improvements. Almost ninety percent of the streets in Baldwin Park had been improved thanks to the original bond. Motion: i) provide authorization to proceed with the proposed conversion of the 2002 Certificates of Participation to a fixed rate financing with Bank of The West; and ii) authorize the Chief Executive Officer to engage consultants Jones Hall and Fieldman Rolapp & Associates, and Morrison and Forrester and US Bank to serve as Bond Counsel and Financial Advisor, Private placement Counsel and Trustee respectively, for the not-to-exceed amount of $51,250 and authorize the Chief Executive Officer to execute the agreements and all required legal documents; and iii) waive further reading, read by title only and adopt Resolution No. 2008-064 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING FIRST AMENDMENT AND RESTATEMENT OF LEASE AGREEMENT AND ASSIGNMENT AGREEMENT RELATING TO REFUNDING OF CERTIFICATES OF PARTICIPATION SOLD TO FINANCE CONSTRUCTION OF PUBLIC STREET IMPROVEMENTS." Moved by Mayor Lozano, seconded by Council member Pacheco. CITY COUNCIL/ CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Council member Marlen Garcia reported on her attendance at the Annual League of California Cities conference. She further announced a recent decision by the EPA that would not set limits of the chemical percholorate in drinking water. She requested that a letter of supporting the continued regulation of this chemical be brought forward for Council consideration. She further announced an upcoming event being hosted by Congresswoman Hilda Solis in Baldwin Park. Council member Marlen Garcia also announced the signing of SB 1420 menu- labeling) and thanked the Council for their support on this issue. Mayor Pro Tern Bejarano reported on his attendance at the Annual League of California Cities conference and the Capital Cities Marketplace conference Council member Monica Garcia reported on her attendance at the Annual League of California Cities conference and expressed that she felt there were many items presented at the conference that would be of interest to the community ADJOURNMENT There being no further matters for discussion the meeting was adjourned in memory of Gloria Taylor and Isabel Gallegos at 8:20 p.m. Page 5 of 6 BIB] 40819-U01 2008-U02 10-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO122320-U03 C4-U03 MINUTES1-U03 1/6/2009-U04 ROBIN-U04 2008 10 01 CC MINHÄ—@¸—ÕXþApproved as presented by the Council at their meeting held October 15, 2008. aura M. Nieto Deputy City Clerk Page 6 of 6 BIB] 40819-U01 2008-U02 10-U02 01-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO122320-U03 C4-U03 MINUTES1-U03 1/6/2009-U04 ROBIN-U04