The URL can be used to link to this page

Home My WebLink About2008 12 17 CC MIN2008 12 17 CC MINHÄ—@¸— ‰7 Í«MINUTES CITY OF BALDWIN PARK WEDNESDAY, DECEMBER CITY COUNCIL 17, 2008 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Monica Garcia, Mayor Pro Tern Anthony J. Bejarano, Marlen 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 PLEDGE OF ALLEGIANCE ROLL CALL Present: Council member Bejarano, Council member Marlen Garcia, Council member Pacheco, Mayor Pro Tern Monica Garcia, 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. ANNOUNCEMENTS Council member Marlen Garcia requested to adjourn in memory of the fallen CHP Officer Joseph Sanders & her aunt, Antonia Martinez who lost her battle with cancer. Council member Pacheco adjourned in memory of a member of the Montoya family, who was killed in a car accident and requested that they be kept in prayer Mayor Lozano closed in memory of Francisca Barcelona, Baldwin Park resident Mayor Lozano recognized former Planning Commissioner Mila Alba who was in attendance INVOCATION Page 1 of 9 BIB] 39937-U01 2008-U02 12-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO123785-U03 C5-U03 ORDINANCES-U03 4/28/2009-U04 ROBIN-U04 2008 12 17 CC MINHÄ—@¸— ‰7 Í«Led by Council member Pacheco NEW BUSINESS A. REORGANIZATION OF THE CITY COUNCIL SELECTION OF MAYOR PRO TEMPORE Staff recommends that the City Council complete the reorganization of the City Council, and follow the procedure as suggested for the selection of Mayor Pro Tempore as follows: 1. The City Clerk opens the nominations for the office of Mayor Pro Tempore. Any Councilmember may nominate and no second to the nomination is required; 2. After receiving all nominations, the City Clerk closes the nominations; 3. The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the order in which nominations are received until a Mayor Pro Tempore is elected by majority vote. Motion: Nominate Council member Monica Garcia for the office of Mayor Pro Tem Moved by Council member Bejarano, seconded by Council member Pacheco. Vote: Motion carried 5-0. Ayes: Council member Marlen Garcia; Council member Monica Garcia; Council member Pacheco; Mayor Pro Tem Bejarano; Mayor Lozano Mayor Pro Tem Garcia thanked her Council colleagues for their support PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Plaque presentation to Fidel Vargas in recognition of being named on Hispanic Business Magazine's 2008 Top 40 List of Influentials in Los Angeles Mayor Lozano commented on the accomplishments of former Mayor Fidel Vargas and the contributions he made to the city of Baldwin Park. Mr. Vargas thanked the Council for their recognition and acknowledged his family who were in attendance. Presentation to Baldwin Park Police Department retiree Celia Delgado in recognition of her service to the city Chief Hadsell shared Ms. Delgado's work history with the city of Baldwin Park. The Mayor joined by the Council, Clerk, and Treasurer presented her with a city plaque in recognition of her years of service and wished her well in her retirement. Page 2 of 9 BIB] 39937-U01 2008-U02 12-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO123785-U03 C5-U03 ORDINANCES-U03 4/28/2009-U04 ROBIN-U04 2008 12 17 CC MINHÄ—@¸— ‰7 Í«Check presentation by Target to the Baldwin Park Police Department Community Relations Bureau Postponed until 1 /21 /09 Introduction of newly appointed Baldwin Park Police Officers James Gallegos, Adam Bavario, Norman Gonzalez and Ruben Guerrero Chief Hadsell introduced the newly appointed Baldwin Park Police Officers and shared each of their prior work experience. The Mayor and City Council welcomed them to Baldwin Park and thanked the officers and their families for being in attendance. Recognition of Jonathan Jacobs and Jaime Herrera of Pacific Coast Granite for providing complimentary repairs to the Veteran's Monument at Morgan Park Mayor Lozano, joined by the Council, Clerk & Treasurer presented Mr. Jacobs a plaque in honor of the services he provided to the city by repairing the Veteran's Monument at Morgan Park. Mr Jacobs thanked the Council for the recognition. Recognition of Baldwin Park Police Department Holiday Greeting Card Contest winners Evelyn Montenegro and Aylin Jimenez of Walnut Elementary School Chief Hadsell provided background on the Greeting Card contest and introduced the two winners. Mayor Lozano announced that their names would be placed on the marquee at Morgan Park and in the next issue of the NOW. The Principal of Walnut Elementary spoke about the two students. City Clerk Rubio wished Council member Pacheco a happy birthday Presentation to participants of the Point-of-Dispensing POD) flu-shot event held at Sierra Vista High School Council member Marlen Garcia provided background on the POD event and all of the agencies that collaborated to make the event a success. Mayor Lozano, joined by the Council, Clerk and Treasurer presented the participants with certificates. PUBLIC COMMUNICATIONS Glenn Kennedy, Community Services Commissioner from West Covina spoke about a program he was involved in regarding a proposed sound wall on the 1-10 Freeway. He requested the support of the Council and provided them a letter. Todd Crabtree, owner and Executive Director of Sylvan Learning Center West Covina, Baldwin Park area) complimented the Council on their proceedings and introduced himself and the services that his center provided Thomas Carey, resident commented on the economy and various issues Page 3 of 9 BIB] 39937-U01 2008-U02 12-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO123785-U03 C5-U03 ORDINANCES-U03 4/28/2009-U04 ROBIN-U04 2008 12 17 CC MINHÄ—@¸— ‰7 Í«affecting the community and the country Ken Woods, resident/business owner commented about the MTA ruling against Simgel Company, disbarring them from dealing with MTA. He further expressed his desire for there to be a supermarket in the city. Cruz Baca Sembello, resident wished the Council a Merry Christmas and thanked them for the learing experience. She expressed support of the youth in the community and further commented on speaker Kennedy's statements Fidel Vargas, resident complimented staff on their efforts and work on the Christmas Basket giveaway Public Communications were closed at 8:27 p.m. Mayor Lozano closed in memory of Valley County Water Board Member David Sano's father, Francisco. CONSENT CALENDAR Motion: Approve CONSENT CALENDAR with the exception of #5 Moved by Mayor Lozano, seconded by Council member Marlen Garcia. 1. WARRANTS AND DEMANDS City Council received and filed. 2. MINUTES City Council approved the minutes of the regular meeting of December 3, 2008. 3. ANNUAL REPORT DEVELOPMENT IMPACT FEES City Council received and filed. 4. YEAR-END FISCAL REPORT City Council received and filed. 6. AWARD OF CONTRACT FOR THE DESIGN AND UPGRADE OF ANY UNDERGROUND FUEL STORAGE TANKS VENT SYSTEM TO A HEALEY ENHANCED VAPOR RECOVERY PHASE II SYSTEM City Council 1) awarded a contract to Charles E. Thomas Co., Inc. in the amount of $48,668 for the design and upgrade of an underground fuel storage tanks vent system to a Healey Enhanced Vapor Recovery Phase II System; 2) authorized the Mayor to execute the Agreement; and 3) appropriated $3,866 from 402-60-621-53100-00000-2 to 402-60-621-58100-16140-2. 7. RESOLUTION NO. 2008-073 City Council waived further reading, read by title only and adopted Resolution Page 4 of 9 BIB] 39937-U01 2008-U02 12-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO123785-U03 C5-U03 ORDINANCES-U03 4/28/2009-U04 ROBIN-U04 2008 12 17 CC MINHÄ—@¸— ‰7 Í«No. 2008-073 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK RECOGNIZING THE THIRD THURSDAY OF DECEMBER AS A DAY WITHOUT A BAG THROUGHOUT THE CITY OF BALDWIN PARK." The following item was pulled by Council member Bejarano for separate discussion: 5. AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE MORGAN PARK PROMENADE IMPROVEMENTS Staff recommends City Council 1) award a construction contract to Simgel Company, Inc. in the amount of $1,056,500 this includes adding key design elements consisting of the monolith structures to the promenade play area in the amount $59.500); and 2) authoriz the Mayor to execute the Agreement; 3) appropriated $150,000 of the Public Arts Fund which was not originally budgeted for 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. Council member Bejarano requested that staff address the comments of speaker Woods regarding the contractor Council member Pacheco commented on the funding sources for this proposed project and that there were many grants available. He further commented about the competitive bidding process Director Galvez stated that staff was not aware of the disbarment action taken against this contractor. Mayor Lozano inquired if there would be consequences should the Council table the item. Director Galvez stated that it would set the project timeline back. Council member Pacheco suggested that the item be tabled so that the Council could do its due diligence. A representative of Simgel addressed the matter regarding their disbarment and stated that it had to do with the requirements of the funding from MTA. Council member Bejarano expressed his satisfaction with explanation given and requested that staff clarify MTA action and address it further for the benefit of the community. By Council consensus the item was tabled to the meeting of January 7, 2009 when staff could bring forward the issues that were raised regarding the contractor. SET MATTERS PUBLIC HEARINGS 8. PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A REQUEST BY THE APPLICANT TO AMEND THE CONDITIONS OF APPROVAL OF RESOLUTION 2001-030 CONDITION #3) WHICH CURRENTLY DOES NOT ALLOW FOR THE EXTERIOR ADVERTISEMENT OF ALCOHOLIC BEVERAGES Continued from Page 5 of 9 BIB] 39937-U01 2008-U02 12-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO123785-U03 C5-U03 ORDINANCES-U03 4/28/2009-U04 ROBIN-U04 2008 12 17 CC MINHÄ—@¸— ‰7 Í«November 5, 2008) Mayor Lozano opened the public hearing for those wishing to speak in favor Mike Serama stated that the owners desired to work with the city and presented photos of improvements that had been done so far. The intent is to change the image of the store and the owners are willing to spend money to improve the store. He also spoke about existing signage on the building. Mayor Lozano invited those wishing to speak in opposition. Seeing no interest, the public hearing was closed. Council member Marlen Garcia inquired, for the purpose of clarification, if the applicants were in agreement with what was presented in the report. Speaker Serama stated yes and further commented about other improvements that they wanted to make. City Planner Harbin explained that the applicant would need a new sign application for the proposed items that speaker Serama addressed. Council member Marten Garcia requested that the new items be addressed with staff. Motion: adopt the Findings of Fact and waive further reading, read by title only and adopt Resolution No. 2008-069 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK OVERTURNING IN PART THE PLANNING COMMISSION'S DECISION AND APPROVING A REQUEST TO MODIFY THE CONDITIONS OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 2001-030-; APPLICANTS: SAM SHARMOUG AND JOHN ALI; CASE NO.: CP-425MOD; LOCATION: 13902 FRANCISQUITO AVENUE; UNITS A, B AND C." Moved by Council member Bejarano, seconded by Council member Marlen Garcia. Council member Marlen Garcia thanked the applicants for working with the city. REPORTS OF OFFICERS 9. RESOLUTION APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY AND CONSIDERATION OF APPOINTMENTS TO ESTABLISHED IN-HOUSE COMMITTEES Motion: Table Moved by Mayor Lozano, seconded by Mayor Pro Tern Monica Garcia. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS 10. Request by Mayor Pro Tern Bejarano for discussion on the following: Request for Council consideration and direction to staff to bring forward Ordinance No. 1310 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Page 6 of 9 BIB] 39937-U01 2008-U02 12-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO123785-U03 C5-U03 ORDINANCES-U03 4/28/2009-U04 ROBIN-U04 2008 12 17 CC MINHÄ—@¸— ‰7 Í«BALDWIN PARK, CALIFORNIA ADDING CHAPTER 117 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE PERMITTED USES OF PARKING AREAS" for second reading Council member Bejarano commented on his request item and the current situation in the Home Depot parking lot and other locations in the city. He requested statistics and research from staff and further input from the public on the proposed ordinance. Council member Pacheco commented that the city may have litigation brought against it if the Ordinance was brought forward again and stated that he would not support it. He referenced a letter sent by Congresswoman Hilda Solis in opposition to the proposed ordinance Council member Pacheco further commented on the Council committee that the Mayor and Council member Marlen Garcia were members of and stated that he had not received any reports from the meetings that they had. Council member Marlen Garcia stated that there was a report from the committee following their meeting with a representative from Congresswoman Solis' office. She agreed with Council member Bejarano that it was still an ongoing matter and that it was worth addressing the issue again. Council member Bejarano requested that staff conduct new research and assessments of the situation, approaching it from a safety standpoint Council member Pacheco reiterated that any new draft of the ordinance should be prepared with caution and expressed his opinion that the committee had not yet reached a resolution/conclusion and that there should be more public input. Mayor Pro Tern Monica Garcia stated that she would like to see more control in the parking lots areas and steps that could be taken so that the city is more proactive with its regulations. Stated that a designated area needed to be established in the Home Depot parking lot and expressed hopefullness of continued collaboration with other groups to gain progress and resolution to this matter. Questioned if the ordinance is the right step to take at this time and stated that the details of it need to be clarified. Expressed that she did not want it to be a blanket" policy. Council member Pacheco requested a report on the outcome of the meetings of the committee and commented on the lawsuit filed against the city by MALDEF. He further expressed the need for stronger code enforcement for illegal vendors and complimented staff for their work, as he had noticed a reduction in illegal vending within the city. Mayor Lozano stated that he was still in contact with the day laborers and that there were internal issues with their organization. He said that based on contact with Home Depot, the day laborer center will be relocated and that will meet again. He suggested having new meetings rather than move forward with a new Page 7 of 9 BIB] 39937-U01 2008-U02 12-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO123785-U03 C5-U03 ORDINANCES-U03 4/28/2009-U04 ROBIN-U04 2008 12 17 CC MINHÄ—@¸— ‰7 Í«ordinance. Council member Bejarano respectfully disagreed and commented that public input would serve a better purpose to hear what other possible solutions could be presented. He requested that a public hearing on this matter be conducted. Council member Pacheco requested that Council conduct a study session to discuss this matter and expressed that he wanted to work with Council member Bejarano for a more clear idea of how the issue could be addressed. Council member Bejarano stated that at a study session, no action could be taken. He again requested that a public hearing be held. Mayor Lozano commented about the day laborer center at the Home Depot in the city of El Monte 11. Request by Council member Pacheco for discussion on the following: Request for Council consideration and direction to staff to bring forward an ordinance that would require banks and lenders to manage or hire someone to manage and maintain foreclosed properties in the city of Baldwin Park for the purpose of elimination of blight and increased public safety Council member Pacheco commented about his request item and the effects that it has on the community. He requested statistics on the number of foreclosures in the city and that this matter be brought forward to a future meeting in January. Mayor Pro Tern Garcia complimented the Recreation staff for their commitment and dedication to recent projects and further thanked the Police Department and Chief Hadsell for the Coffee with the Cops event that they hosted. She also spoke about a potential new project related to forclosed properties that would saturate areas of the community with information about the various services available to property owners, such as bulky item pick up, in an effort to keep the properties maintained and within code compliances. Council member Bejarano requested Council consensus to work with Ms. Sembello, along with other community members and organizations to address revitalization issues in the city Council member Marlen Garcia expressed her optimism going into the new year and stated that the city would be moving forward without being in a deficit. Thanked Director Carrillo & staff and commented on the food basket giveaway. Thanked each department director and their respective staff members as well as her Council colleagues for the collaboration taking place in the past year. She also announced an upcoming event that she would be participating with and acknowledged a sponsorship received from the Police Officer Association. Thanked the community for support and looked forward to working with other agencies in the city Mayor Lozano reminded that we are in the 8th year of the 21st century and we needed to prepare our community for the future. Expressed his stong belief and Page 8 of 9 BIB] 39937-U01 2008-U02 12-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO123785-U03 C5-U03 ORDINANCES-U03 4/28/2009-U04 ROBIN-U04 2008 12 17 CC MINHÄ—@¸— ‰7 Í«support that the newly elected President will bring change to the country. Stated that the community should work together to create change for the better. City Treasurer Contreras thanked Council member Bejarano for his efforts to collaborate with the community; congratulated Mayor Pro Tern Monica Garcia on the appointment to the office of Mayor Pro Tern and expressed her confidence in her. She wished the community a happy holiday season on behalf of the Contreras family. Also wished City Clerk Rubio a happy birthday. City Clerk Rubio echoed the comments of the Council, thanked the audience for their attendance and encouraged them to continue being there. Thanked and commended Council and staff for their work. Mayor Lozano thanked CEO Singhal, City Attorney Pannone and directors Council member Pacheco thanked staff for their hard work; thanked the community members for their involvement and recognized CARA for their work in the community. He thanked his fellow elected officials and acknowledged the police department for their dedication. ADJOURNMENT There being no other matters for discussion the meeting was adjourned in memory of CHP Officer Joseph Sanders, Antonia Martinez, the Montoya Family, Francisca Barcelona and Francisco Sano at 9:36 p.m. Approved as presented by the Council at their meeting held January 7, 2009. Ldv c t aura M. Nieto Deputy City Clerk Page 9 of 9 BIB] 39937-U01 2008-U02 12-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO123785-U03 C5-U03 ORDINANCES-U03 4/28/2009-U04 ROBIN-U04