HomeMy WebLinkAbout1997 08 06 CC MIN1997 08 06 CC MINòw @˜ } \ CC MIN AUG 6 1997òw c8 REGULAR MEETING OF THE CITY COUNCIL
4 OF THE CITY OF BALDWIN PARK, CITY HALL,
14403 EAST PACIFIC AVENUE, WEDNESDAY,
AUGUST 6,1997
The City Council met in a regular meeting in the
Council Chambers at 7:00 p.m.
ROLL CALL PRESENT: COUNCILMEMBERS LOZANO, MUSE, VAN
CLEAVE, AND MAYOR LOWES
ALSO PRESENT: City Attorney Olivas,
City Manager Yeats,
Acting Chief of Police Kies,
Dir. of Community Development Cervantes,
Dir. of Public Works Mousavi
Dir. of Rec/Community Services Nunez,
City Treasurer Montenegro,
Deputy City Clerk Branek, and
City Clerk Gair
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Mayor Lowes read the Proclamation of Recognition that recognized, commended, and
thanked Mark Gavin, Jared Naab, Juan Calderon, and Pablo Ordonez for their care
and concern for the life and safety for an individual involved in a Metrolink accident in
Baldwin Park and their unsurpassed contribution to the community. Mayor Lowes
and Council presented the Proclamations to Mr. Naab and Ordonez, the Proclamations
for Mr. Gavin and Calderon were mailed.
Mayor Lowes presented Awards of Merit to the Third Annual Boxing for Christ National
Invitational Tournament Gold Medalists:
Armondo Figueroa Gabe Mendez
Frankie Velasco Juan Moreno
Jose Gonzalez Gabe Fonseca
and Silver Medalist: Eddie Lopez
Mayor Lowes presented and Award of Merit to Tae Kwon Do Jr. Olympic Champion
Frank Monarque, Jr.
Mayor Lowes recognized the Award of Financial Reporting Achievement to Finance
Manager, Dean Johnson, from the Government Finance Officers Association of the
United States and Canada.
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1997 08 06 CC MINòw @˜ } \ CC MIN AUG 6 1997òw c8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 2
OF THE CITY OF BALDWIN PARK AUGUST 6, 1997
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City Attorney Olivas explained that after the posting of the Agenda it became
necessary to consider a Closed Session for the City Council that deals with a
Conference with Real Property Negotiator, Properly: 14635 Baldwin Park Towne Center
Marriott Hotel, pursuant to Government Code 54956.8.
It was moved and seconded to place a Subsequent Need Item on the agenda to
consider a Closed Session for the City Council that deals with Conference with Real
Property Negotiator, Property: 14635 Baldwin Park Towne Center Marriott Hotel,
pursuant to Government Code 54956.8. M/S/C: LOZANO/MUSE. There were no
objections.
op
ORAL COMMUNICATION
Mayor Lowes declared the Oral Communications open and invited those wishing to
speak to come forward.
David Avila, 3848 Paddy Lane, spoke regarding the train whistle and the noise caused
by the Metro Link. Mr. Avilla lives adjacent to the railroad tracks and stated that it is
miserable living next to the tracks. Metrolink now wants to use the tracks on Sunday,
originally they only wanted to use the tracks during the week, during working hours. In
a half-hour period he gathered two full pages of signatures of neighbors that oppose the
train. He felt that if the train had been traveling slower on July 1st, it would have been
able to stop before hitting the truck. Metrolink disturbs the schools, kids play and cross
the tracks and it is a concern. He and his neighbors are committed to see resolution to
the Metrolink problem. He asked to be put on record for raising this issue.
Leonel Velarde, 3872 Paddy Lane, stated that he lives next to the railroad tracks. The
Metrolink is a problem from 5 a.m. till 10 p.m. blowing their horns to an extreme. The
other issue is safety, kids hang from the railroad Crossing arm, and that is an accident
waiting to happen.
Frank Monarque, 13827 Earl Avenue, stated that the award to Frankie Monarque is
appreciated. He recognized Scottie Contreras for his teaching and support to the Tae
Kwon Do students and presented him a plaque.
Margarita Vargas, 14129 Ohio, stated that the new Target center parking lot is full
of trash. She asked if there is some code or fine for people littering in a parking lot and
told of a lady disposing of her trash in the parking lot. The Businesses across from the
park on Ramona and Baldwin Park Boulevard is always full of trash. She asked that the
businesses be made responsible for cleaning up in front of their stores, and that an
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1997 08 06 CC MINòw @˜ } \ CC MIN AUG 6 1997òw c8 REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 3
a OF THE CITY OF BALDWIN PARK AUGUST 6, 1997
article be placed in the NOW pertaining to the fines for littering.
Richard Granados, 13525 Tracy Street+, stated that he is President of Tracy Park
Townhomes Association. He spoke about liability to the City regarding children
running across the parking areas at the Target Center, and the Contaminated vacant
lot across from Target. He felt that the vacant lot needs to be addressed by the City, to
create a better image. There are two lots that have fences that are deteriorated, kids
play there, trucks park there overnight, and it is an unsafe and hazardous place for
children to play. He also felt the City needs to create a more conducive, safe and
clean environment where the kids can play. Council is doing an efficient job bringing
in businesses, and asked if there is a plan of action to fill the vacant commercial
buildings.
Mary Ferrer, 4634 Edra, commented, on the Family Service Center, that more staffing
is needed. The Center was developed to meet the needs of the community and proper
staffing is required. There is a need for a full-time person, because the two part-time
positions will end August 15th. She felt that there was a lack of vision and budget to
provide for the center. She encouraged Council to fund a full-time professional position
meet the needs of the community.
There being no other speakers, Mayor Lowes declared the Oral Communications
closed.
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CONSENT CALENDAR
City Clerk Gair presented the Consent Calendar as follows:
1. Approval of Certificate of Posting for August 6,1997
2. Approve Minutes:
Regular Meeting: July 2,1997 and July 16,1997
3. Waive Further Reading and Adopt
RESOLUTION NO.97-54 ALLOWING CLAIMS AND DEMANDS
AGAINST THE CITY OF BALDWIN PARK
Warrants to Mr. Bill's Hardware Financial
Conflict of Interest Councilmember Van
Cleave Abstains)
4. Approve Award of Contract ADA Signage Braille Signs
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1997 08 06 CC MINòw @˜ } \ CC MIN AUG 6 1997òw c8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 4
OF THE CITY OF BALDWIN PARK AUGUST 6,1997
5. Approve Award of Purchase Contract Street Sweeper Carde Pacific
Corp.
6. Approve Annual Sole Source Contracts Facilities & Fleet Divisions
Hamilton Electric Security and San Diego Rotary Broom
7. Approve Annual Contracts Various Facilities & Fleet Divisions
8. Approve Plans & Authorization to Solicit Bids Overlay of Various Streets
CIP 703 A) Gas Tax Streets Improvements
9. Approve Award of Contract Construction of Olive Street Storm Drain
Project Phase 1B Kana Pipeline, Inc.
10. Approve Agreement General Plan Update Consulting Services
Cotto n/B eland/Associates
11. Approve Award of Contract Design Services Fiscal Year 1997-98 Street
Improvement Project CIP 703 George G. Boghossian & Associates Inc.
It was moved and seconded to approve the Consent Calendar. M/S/C:
MUSE/LOZANO, There were no objections.
City Attorney Olivas stated For the Record" there were some substituted pages and all
the Councilmembers received them.
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PUBLIC HEARING
Mayor Lowes introduced the Public Hearing that Authorized staff to report the
results of the ballot process, adopt the resolutions ordering the annual levy and
collection of assessment associated with the Citywide Park Maintenance District
FY 1997/98 and request the County of Los Angeles to add the amounts to the tax
bills.
City Manager Yeats explained that Proposition 218 affects how taxes, assessments,
fees and charges, are imposed on properties. Proposition 218 requires local agencies
to obtain voter approval for certain types of assessments, new or extended. Willdan
Associates, the consultant for the implementation of Proposition 218, has notified all
property owners regarding the assessment for park maintenance through mail-in ballots.
Council is required to open the public hearing so that property owners may submit their
ballots until the close of the public hearing, and authorize staff to tabulate the ballots and
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1997 08 06 CC MINòw @˜ } \ CC MIN AUG 6 1997òw c8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 5
OF THE CITY OF BALDWIN PARK AUGUST 6,1997
report the results of the balloting. If the majority of the returned ballots, by total dollars
of assessments, are in favor of the assessments, the Citywide Park Maintenance District
is approved by the property owners It was recommended that Council: 1) Hold a
public hearing for the Citywide Park Maintenance District FY 1997/95; 2) Authorize the
tabulation of the ballots; 3) Authorize the City Clerk to report the results; and 4) Take
action on the District based upon the results of balloting. Thanked the Commissions
especially, Mary Ferrer, and the City Council for getting out the vote.
Mayor Lowes and Mayor pro tem Muse thanked City Manager Yeats and City Clerk Gair
and her staff for all their work on the Park Maintenance District balloting.
Mayor Lowes declared the Public Hearing open and invited those wishing to speak or
to cast their ballot to come forward. There were none.
Mayor Lowes declared the Public Hearing closed.
Councilmember Lozano stated his concern about having two different types of ballots on
the Park Maintenance Assessment and submitted written supplemental questions to the
City Manager. He also stated that he is Optimistic about the vote and the hard work
done by everyone.
The regular meeting of the City Council recessed at 7:40 p.m.
The regular meeting of the City Council reconvened at 7:50 p.m. Roll call remained
the same.
Mayor Lowes authorized the City Clerk to report the results of the balloting for the Park
Maintenance Assessment.
City Clerk Gair stated that she had authorization that the ballots have been opened and
for the last two weeks been entering them in the computer. City Clerk announced the
results see Exhibit A") of the balloting:
Grand total of 3,809 ballots that were counted.
2,353 Yes Votes
1,456 No Votes
The Yes Dollar Values were: $72,017.72
The No Dollar Values were: $54,942.17
The Assessment carries with a margin of $17,075.55. City Clerk Gair commented that
the single family home owners and the absentee landlords are to be commended for the
return of their ballots, the little people really spoke. 2156 people did return their blue
ballots but nearly double that number voted the yellow ballots, so the City was not
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1997 08 06 CC MINòw @˜ } \ CC MIN AUG 6 1997òw c8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 6
OF THE CITY OF BALDWIN PARK AUGUST 6, 1997
affected by the issuing of two ballots.
It was moved and seconded to approve Resolution No.97-55, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA ORDERING
THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE
CITYWIDE PARK MAINTENANCE DISTRICT." M/S/C: LOZANO/VAN CLEAVE. There
were no objections.
It was moved and seconded to approve Resolution No.97-56, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AUTHORIZING
THE ADDITION OF SPECIAL ASSESSMENTS TO THE TAX BILL." M/S/C:
LOZANO/MUSE. There were no objections.
Mayor Lowes introduced the Public Hearing pertaining to *SeIf Certification of
Compliance With the Los Angeles County Congestion Management Program."
Community Development Cervantes stated that State Legislature requires the
Metropolitan Transportation Authority MTA) to annually monitor and determine that local
jurisdictions are in compliance with the CMP. A self certification process has been
established by the MTA to simplify the process that includes point values to development
projects and congestion relief/transportation improvement measures. Failure to comply
with the CMP requirements could result in the loss of gas tax money. The formula was
outlined in the staff report. It was recommended to approve.
Mayor Lowes declared the Public Hearing open and invited those wishing to speak
regarding the Congestion Management Program to come forward. There were none.
Mayor Lowes declared the Public Hearing closed.
It was moved and seconded to adopt the Local Implementation Report and approve
Resolution No.97-57, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH
THE CONGESTION MANAGEMENT PROGRAM CMP) AND ADOPTING THE CMP
LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA
GOVERNMENT CODE SECTION 65089. M/S/C: MUSE/LOZANO. There were no
objections
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REPORTS OF OFFICERS. COMMISSIONS AND COMMITTEES
Assistant Planner Harbin requested reauthorization of the Project Area Committee
PAC) for the Sierra Vista Redevelopment Area. The Sierra Center has recently
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1997 08 06 CC MINòw @˜ } \ CC MIN AUG 6 1997òw c8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 7
OF THE CITY OF BALDWIN PARK AUGUST 6,1997
been completed, the same developer has expressed an interest in developing other
freeway adjacent properties in the near future. The City has received interest from a
developer for a triangular area along the 1-10 Freeway adjacent to Big Dalton and Merced
Avenues, known as the Camelback Area." Since there are a number of low and
moderate income families which could be displaced by the proposed Project Area
activities, the PAC should be reauthorized pursuant to Health and Safety Code Section
33355. The PAC is authorized to have thirteen members, eleven of which are eligible to
vote. The bylaws are proposed to be modified to include two 2) residential tenants, two
2) residential owner occupants, two 2) business owners, two 2) property owners, one
1) vacant property owner, one 1) residential property owner, and one 1) person
representing a community organization. Additionally, two non-voting members are
appointed to the PAC, a member of the Chamber of Commerce and a member of the
Planning Commission. A quorum of six 6) members are needed to conduct official PAC
business. Alternates, 3 Tuesday every month. Notification thru NOW articles, minutes,
Staff recommended approval.
In response to Councilmember Van Cleave, Assistant Planner Harbin stated that each
member of the PAC was sent a copy of the resolution and the by-laws 10 days prior to
the meeting. In the prior by-laws it stated that any modifications were to be made to the
by laws that the PAC members be notified 10 days in advance, and they were. No one
responded.
It was moved and seconded to approve Resolution No.97-58, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REAUTHORIZING THE
PROJECT AREA COMMITTEE FOR THE SIERRA VISTA REDEVELOPMENT PROJECT
AREA AND APPROVING THE AMENDED BYLAWS FOR SAID PROJECT AREA
COMMITTEE." M/S/C: VAN CLEAVE/LOZANO. There were no objections.
COUNCIL/STAFF REQUESTS AND COMMUNICATIONS
Mayor pro tern Muse requested that: 1) The Shuttle go into the shopping centers to
make it more convenient for the riders. The Shuttle needs to have the phone number
painted on the side of the vehicles; 2) Staff contact Target concerning checking of
receipts to see if this is a company policy or have they singled out Baldwin Park; and
3) Police to oversee a program similar to the Sheriff's Department called Are You O.K?"
checking on the senior citizens that are shut-ins. She complimented staff for the opening
of the Family Service Center and stated that the Center will become a model for all the
San Gabriel Valley.
Councilmember Van Cleave thanked Acting Chief of Police Kies for the National Night
Out." He commented on the massive amount of big rig trucks in the CityZhat block
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1997 08 06 CC MINòw @˜ } \ CC MIN AUG 6 1997òw c8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 8
OF THE CITY OF BALDWIN PARK AUGUST 6, 1997
driveways and fire hydrants. He requested that: 1) The City place more trash
receptacles in the major shopping centers; 2) Public Works clean the trash and cut the
weeds around the bus stop areas; 3) A trash bag needs to be picked up in front of
the Tracy/Garvey condominiums; 4) Businesses in Baldwin Park have a sidewalk sale
every month, at a different time than the yard sales, and that this move into a street
festival and 5) The 9604011 telephone line be repaired.
Council member Lozano requested a meeting, in the immediate future, with the Metrolink
representatives, to find other alternatives to silence the train whistles. He thanked the
Recreation/Community Services Department for the 5K Run, with more than 200 runners.
Mayor Lowes thanked staff for the Family Service Center, the 5K Run and the National
Night Out. She announced that Baldwin Park Night at the Quakes Stadium in Rancho
Cucamonga will be August 28th, and that she will throw out the first ball.
City Clerk Gair stated that she will be in the Clerk's Office on August 8th from 8-5 for
the filing of candidates papers for the vacant Council seat. The deadline for the filing is
5:00 p.m. on August 8th, there is no extended period, and only one person has filed
so far.
The regular meeting of the City Council recessed at 8:28 p.m.
The regular meeting of the City Council reconvened at 8:29 p.m. There were no
objections.
00-
The regular meeting of the City Council adjourned to a Joint Closed Session to
consider a Conference With Real Property Negotiators, Property: 14635 Baldwin Park
Town Center Marriott Hotel, pursuant to Government Code 54956.8.
City Attorney Olivas stated that the Council and Agency unanimously approve the
following see 1Exhibit B" Verbatim):
1 The transfer of the ownership of the hotel.
2. The completion of the Certificate of Completion, approval of the
Certificate of Completion.
3. The Estoppel Agreement.
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1997 08 06 CC MINòw @˜ } \ CC MIN AUG 6 1997òw c 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 9
OF THE CITY OF BALDWIN PARK AUGUST 6, 1997
The regular meeting of the City Council adjourned at 9:10 p.m. in memory of Valeria
Dale Olson, mother of Executive Secretary Jeri Crawford. There were no objections.
BETTY BRANEK, DEPUTY CITY CLERK
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1997 08 06 CC MINòw @˜ } \
CC MIN AUG 6 1997òw c
8 CITY OF 8ALDWIN PARK Exhibit A'1
PARK MAINTENANCE ASSESSMENT DISTRICT
BALLOT COUNTING SPREADSHEET
AUGUST 6, 1997
NON NON
YES YES NO NO RESIDENT RESIDENT RESIDENT RESIDENT
VOTE RESIDENT AMOUNT VOTES TOTALS VOTES TOTALS COUNT TOTAL COUNT TOTAL
3524 0.00 0.00 0.00 0.00
3825 0.00 0.00 0.00 0.00
3826 0.00 0.00 0.00 0.00
3827 0.00 0.00 0.00 0.00
3828 0.00 0.00 0.00 0.00
3829 0.00 0.00 0.00 0.00
3830 0.00 0.00......................Z.90 0.00
TOTALS 2,353 72,017.72 1,456 54,942.17 2,692 62,961.98 1,117 63,997.91
PERCENT OF TOTAL 61.80 56.70 38.20 43.30 70.70 49.60 29.30 50.40
GRAND TOTAL 3,809 126,959.89 3,809 126,959Z89
DIFFERENCE 897 17,075.55 100
Page 110
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1997 08 06 CC MINòw @˜ } \ CC MIN AUG 6 1997òw c8 Exhibit B"
BALDWIN
P A k' K
Verbatim Remarks of David Olivas, City Attorney for the City of Baldwin Park
following the Joint Closed Session of the Baldwin Park City Council and the Baldwin
Park Redevelopment Agency at the regular meetings of both agencies on August 6,
1997.
The council and the Agency met in a Joint Closed Session pursuant to Government
Code Section 54956.8, Real Property Negotiations, to consider the request for the
transfer of ownership of the Marriott Hotel. The Council and the Agency unanimously
approved the following:
1. The transfer of the ownership of the hotel.
2. The completion of the Certificate of Completion, approval of the
Certificate of Completion.
3. The Estoppel Agreement.
That concludes my remarks"
I, Linda L Gair. City Clerk of the City of Baldwin Park hereby certify that the foregoing
verbatim transcript is a true and exact transcribing of the recording of the statement of
David Olivas and the tape is on file in the City Clerk's Office for a period of two weeks
or until the approval of the hard copy of the minutes of August 6,1997.
Date August 7,1997
I T 0 B A L D Z N P A B Z 1 0 3 E A S T F A Z I F I C A V B N U B B A Z D w I N P A B F C A 9 Z 7 0 6 I B I B B 1 3 5 2 0 5 f A X 8 8 9 6 2 2 6 2 5
BIB]
37175-U01
CC-U02
MIN-U02
AUG-U02
6-U02
1997-U02
LG1-U03
LI1-U03
FO3433-U03
FO3437-U03
FO3468-U03
DO3469-U03
C4-U03
MINUTES1-U03
10/11/2001-U04
ADMIN-U04
BIB]
37260-U01
1997-U02
08-U02
06-U02
CC-U02
MIN-U02
LG1-U03
LI1-U03
FO3433-U03
FO3437-U03
DO3469-U03
C4-U03
MINUTES1-U03
10/11/2001-U04
ADMIN-U04
CITY-U05
COUNCIL-U05
MINUTES-U05