HomeMy WebLinkAbout2001 10 03 CC MIN2001 10 03 CC MINòw @˜ ‡ q 2001 10 03 CC MINZFäZHsõ 2001 CC MIN 10-03-2001HnÉ COUNCIL CHAMBER OCTOBER 3, 2001
14403 E. PACIFIC AVENUE WEDNESDAY
BALDWIN PARK, CA 91706 7:00 P.M.
The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above
time and place.
ROLL CALL
Present: Council Members: Marlen Garcia, Ricardo Pacheco, Bill Van Cleave, Mayor Pro-Tern
Linda Gair, and Mayor Manuel Lozano
Also Present: Arnold Alvarez-Glasman, City Attorney; Dayle Keller, Chief Executive Officer; Mark
Kling, Chief of Police; Jose Sanchez, Finance Director; Shafique Nayier, Public Works Director;
Rick Forintos, Community Development Director; Manny Carrillo, Recreation/Community Services
Director; Maria A. Contreras, City Treasurer; Kathryn Tizcareno, City Clerk and Rosemary M.
Ramirez, Chief Deputy City Clerk
ANNOUNCEMENTS
Mayor Lozano thanked Pastor Jackson for the event held this past weekend at the Extended Hand
of Christ Church.
Councilmember Van Cleave apologized for his absence at the September 19, 2001, City Council
meeting. He stated for the record, that he had nothing to do with the union's presence at the
meeting.
Mayor Pro Tern Gair proudly announced the arrival of her sixth grandchild, Tiffany Ceazon Gair,
born Friday, September 28, 2001.
Mayor Lozano announced that on October 11, 2001, at 6:30 p.m. the City of Baldwin Park will be
holding a vigil at Morgan Park in remembrance of the tragedy of September 11, 2001, attack on
America.
PROCLAMATIONS, PRESENTATIONS AND COMMENDATIONS
Rick Forintos introduced newly appointed employee Michael Zabala, Building Inspector
A proclamation proclaiming the month of October 2001, as Domestic Violence Awareness" was
prepared. Proclamation will be mailed to YWCA
A proclamation was presented to Principal Planner Harbin proclaiming October 1-5, 2001, as Ride
Share Week"
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2001 10 03 CC MINòw @˜ ‡ q 2001 10 03 CC MINZFäZHsõ 2001 CC MIN 10-03-2001HnÉ City Council Minutes October 3, 2001 Page 2
CONSENT CALENDAR PRESENTED
Councilmember Garcia requested that the following item be removed from the Consent Calendar
for discussion:
1) Item 1-G AWARD OF CONTRACT FOR THE DESIGN OF THE TEEN CENTER
AND SKATE PARK, CIP 829
CONSENT CALENDAR APPROVED
A motion was made approve Consent Calendar Item Nos. A-F as presented, and as follows:
MOTION: Mayor Pro Tern Gair SECOND: Councilmember Pacheco Motion Carried
MINUTES
The Minutes of July 3, 2001 Regular Session), September 5, 2001 Regular Session), and
September 19, 2001 Study and Regular Session), were approved as presented.
CLAIMS AND DEMANDS
Further reading was waived, read by title only and Resolution No. 2001-103 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS
AND DEMANDS AGAINST THE CITY OF BALDWIN PARK" was adopted. Councilman Bill Van
Cleave abstained on all warrants to Mr. Bills Hardware financial conflict of interest).
ORDINANCE AMENDING THE CITY'S ZONING CODE TO ALLOW OUTDOOR DINING WITHIN
THE DOWNTOWN CENTRAL BUSINESS DISTRICT AREA; CASE NO. AZC-145
Further reading was waived, read by title only and Ordinance No. 1183 entitled, AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING TITLE 15, CHAPTER
153 OF THE MUNICIPAL CODE TO ESTABLISH REGULATIONS FOR THE LICENSING AND
OPERATION OF OUTDOOR DINING ON THE PUBLIC RIGHT-OF-WAY WITHIN THE
DOWNTOWN/CENTRAL BUSINESS DISTRICT' was adopted on second reading.
CITY COUNCIL SUPPORT OF ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND
RECREATION GRANT PROGRAM AND APPLICATION
Further reading was waived, read by title only and Resolution No. 2001-102 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE
APPLICATION FOR GRANT FUNDS FOR THE ROBERTI-Z'BERG-HARRIS URBAN OPEN
SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN
WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 FOR
REHABILITATION OF BARNES PARK" was adopted. If funding is granted, the Finance Director is
authorized to initiate the appropriation of funds in the amount of $107,143 from the Youth Related
Services Reserve account in the General Fund.
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2001 10 03 CC MINòw @˜ ‡ q 2001 10 03 CC MINZFäZHsõ 2001 CC MIN 10-03-2001HnÉ City Council Minutes October 3,2001 Page 3
APPROVAL OF PLANS, SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE AND
SOLICIT BIDS FOR 2001-2002 AB2928 STREET IMPROVEMENTS, CIP 875
The City Council approved the plans and specifications and authorized staff to solicit bids for the
construction phase of the 2001-02 AB 2928 Street Improvement Project, CIP 875.
APPROVAL OF PLANS, SPECIFICATIONS, AND AUTHORIZATION TO ADVERTISE AND
SOLICIT BIDS FOR LIGHTING SYSTEMS FOR SOCCER FIELD AND BASKETBALL COURTS
AT BARNES PARK, CIP 619
The City Council approved the plans and specifications and authorized staff to solicit bids for the
construction phase for lighting systems for soccer field and basketball Courts at Bames Park, CIP
619. The appropriation of $75,000 from the Youth Related Services account to the Capital
Improvement Program Project No. 100.53.5020.619, Bames Park, was approved.
CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION
AWARD OF CONTRACT FOR THE DESIGN OF THE TEEN CENTER AND SKATE PARK, CIP
829
Councilmember Garcia publicly acknowledged and thanked the Teen Center and Skate Park
Committee and staff for their work on this project. She expressed excitement to see that after four
4) years of discussion, this project has finally come to fruition. She is confident that the architect
will do an excellent job and the needs of the teens will be met.
A motion was made to award the contract for the design of the Teen Center and Skate Park, CIP
829, in the amount of $147,180.00 to Martinez Amador Architects, Inc.; authorize the Mayor to
execute the Agreement; and authorize the Director of Public Works to execute any necessary
change orders not to exceed ten percent 10%) of the original contract amount.
MOTION: Councilmember Garcia SECOND: Mayor Pro Tern Gair Motion Carried
PUBLIC HEARING
PUBLIC HEARING TO CONSIDER ADOPTING THE FINAL ENVIRONMENTAL IMPACT
REPORT FOR THE BALDWIN PARK MARKETPLACE 24-ACRE SITE); LEWIS RETAIL AND
THE BALDWIN PARK REDEVELOPMENT AGENCY CO-APPLICANTS) Continued from
September 5, 2001)
Mayor Lozano stated for the record, that he and Councilmember Pacheco have received threats
from individuals who oppose the project.
Attorney Alvarez-Glasman stated that the following written correspondence was received and will
be entered into the record as follows:
OPPONENTS
Laura Santos, 13833 Fairgrove Avenue, Bassett; Gabriel Elliott, Civic Solutions, Inc.
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PROPONENTS
Mr. & Ms. McKee, Baldwin Park residents; Joe Woods, Baldwin Park resident; and Rosalba
Gamboa, 13127 Corak Street, Baldwin Park.
Mayor Lozano declared the public hearing OPEN for public participation.
OPPONENTS
Dolores Sanchez, Field Director for State Senator Gloria Romero, submitted a letter expressing
Senator Romero's opposition to the proposed project.
Joe Barragan, President of United Local Food Workers, and a resident of Claremont, referred to the
newspaper article regarding the threats against Mayor Lozano and Councilmember Pacheco. He
denied that union members were responsible for those threats. Mr. Barragan stated for the record
that union members are not outsiders noting that union members conduct business within the City
of Baldwin Park.
George Turner, 3521 Stichman, Baldwin Park, expressed his opposition to the project and asked
the City Council to think of the working people before voting for the project.
Priscilla Poppick, Baldwin Park, strongly stated her opposition to the proposed project.
David Reynoso, Covina, strongly expressed his opposition of the proposed project. He advised the
City Council that union members reward their friends and punish their enemies.
Isabel inaudible), 13105 Amar, Baldwin Park, expressed concern with the affects that the Wal-Mart
project will have on the community. People will lose their good paying jobs with benefits.
Rita Vasquez, 13523 Rockenbach, Baldwin Park, is concerned that a Wal-Mart will jeopardize the
small businesses in the community.
Donna Griggs, Millbury Street, Baldwin Park, strongly opposes the proposed Wal-Mart project. She
criticized and expressed rude remarks toward the Council.
Dana Sandoval, Baldwin Park, expressed her opposition to the proposed project.
Ana Chen, no address given), expressed her disappointment of the Council's non-understanding of
the union members' position.
Fabian Lopez, 14647 Demblon, Baldwin Park, stated that he is proud of the wages and the good
union job he currently has. Wal-Mart jobs will not allow people to live and support themselves. He
feels that a Wal-Mart in Baldwin Park will jeopardize his family.
Edmund Campton, 3427 Milbury, Baldwin Park, stated that Wal-Mart is no good for Baldwin Park
and objects the proposed project.
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Ed Rendon, Teamsters 42, expressed his opposition to the project and pledged UFCW support to
opposing the proposed Wal-Mart project.
Gene Hurt, Glendora, expressed his opposition to project stating that many good jobs with benefits
will be lost if Wal-Mart is approved.
Rick Middleton, 1158 26th Street, Santa Monica, expressed his opposition to the project. He stated
that the union would not go away.
Susana Brewer, 3736 Athol Street, Baldwin Park, stated that Wal-Mart would destroy our
community and cause many people to be displaced from their union paid jobs. She asked the City
Council to let the people vote on this matter.
Connie Leyva, Chino, referred to the men and women on the front lines of the September 11th
aftermath stating that the majority of these individuals are union members.
Mark Ramos, claimed to have circulated a petition and claimed to have collected over 1500
signatures in opposition to the project. Although Mr. Ramos referred to the document which he
displayed), to be a petition, said document was not submitted to the City Clerk therefore, it was not
entered into the record as such).
Nicole Moreno, Alhambra, is disheartened by the City Council's actions and attitude towards union
members. She feels that the union has been made fun of and disrespected.
Mauro Guerra, 13148 Fairgrove Street, Baldwin Park, inquired about the funding for the project. He
stated that Wal-Mart will be bad for the community.
Bob Cannon, Whittier, Teamsters Local 63 Organizer, expressed his opposition to the project and
pledged his support to the union in their cause.
Lloyd Kirk, Hesperia, expressed his opposition of the project noting that Hesperia has lost many
businesses as a result of allowing a Wal-Mart to move their community.
PROPONENTS
Dan Trunco, Baldwin Park, expressed concern with the proposed funding of the project and feels
that Wal-Mart should fund their own development. He does feel however, that the City needs the
added revenue.
Graciela Aguilera, Baldwin Park, is in support of the project. She expressed her pride in the City
Council's work. She commended them for not allowing the unions to intimidate them.
Margarita Vagas, Baldwin Park submitted and read a letter addressed to the City Council from Fidel
A. Vargas. Mr. Vargas expressed his support of the proposed project. He stated that within a two-
hour time period, a random survey of Baldwin Park high propensity voters was conducted. 116
voters were called and asked if they supported or opposed the Wal-Mart development. The support
for the project was overwhelming, resulting in totals of 114 in favor, and 2 in opposition.
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Mila Alba, Baldwin Park inquired as to why the union has not provided an alternative to the project.
Steven Morrison, Baldwin Park, expressed his support for the project.
Al Contreras, Baldwin Park, inquired as to whether the project could be approved with a condition
from Wal-Mart to become a union establishment.
Rafael Heredia, 3446 La Vista, expressed his support of the project. He believes that this project
will provide jobs for many of youth and he desperately wants to see that area cleaned up and made
safe.
Carlos Tarango, Baldwin Park, expressed his support of the project. He stated that the area
proposed for the site is in desperate need of improvements. In addition, the youth of Baldwin Park
need more jobs made available to them.
Art Luna, Baldwin Park, inquired about the proposed financing of the project. He stated that Wal-
Mart is a $100 billion corporation and they should not depend on the city for funding of this project.
Terry Muse, 3575 Vineland, applauded the City Council for their perseverance and commitment to
Baldwin Park residents. She expressed her excitement and support of the new project. Ms. Muse
further stated that Baldwin Park needs the additional tax revenue. Baldwin Park needs to attract
new businesses that will provide new jobs for residents. The development and clean up of that
area is long over due.
Eliseo Pacheco, resident, commended the City Council for the progress they have made in the last
10 years. He is in support of the project and he encouraged the Council to approve this project and
continue to progress.
Jessie Plata, Baldwin Park, asked the union members to present alternatives rather than make their
presence known in an antagonistic manner. Ms. Plata stated that he wants businesses here. She
wants to be able to shop in Baldwin Park.
Lisa Celaya, Baldwin Park, stated that a Wal-Mart job is better than being unemployed. She also
stated that the area needs to be cleaned up and supports the project 100%.
Joyce Jiannino, 703 Park Shadows, stated that she wants to be able to shop in Baldwin Park. The
project will bring new jobs for Baldwin Park residents. She encouraged the City Council to approve
the project.
Emma Mooneyham, Baldwin Park, commented that she has seen the City growth over the past 10
years. She commended the Council for doing an excellent job. She supports the Wal-Mart project
and asked the City Council to approve the development.
Sandra Duran, 14627 Cavett Place, expressed her support of the project and stated that she is tired
of having to drive outside of the City of Baldwin Park for her shopping needs.
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Eva Pacheco, 14122 Dutch, stated that the unions should focus their energies on unionizing stores,
not stopping development. She noted the progress that Baldwin Park has made over the past few
years and she encouraged the City Council to continue in its work of progression.
Marie Contreras, 15219 Adams Drive, stated that there are great things happening in Baldwin Park.
She feels that smaller businesses will not be jeopardized stating that if storeowners provide good
customer service, their clientele will always patronize their businesses.
Rose inaudible), Baldwin Park, stated that she has mixed emotions about the Wal-Mart project.
She stated that personally, she does not shop at Wal-Mart however, as a homeowner, it would be
extremely beneficial to develop and clean up that area. She feels that Wal-Mart should offer a
commitment prior to the Council's approval of an Agreement.
Martha Heredia translated by Margarita Vargas), Baldwin Park, stated that the area is unsightly,
unsafe and in need major improvements. She is frustrated with the fact that when she is near the
vicinity of the proposed project, while waiting to cross the street or waiting for a bus, she is
approached solicited) by passing motorists. The area needs to be cleaned up.
Gloria Gonzales, Baldwin Park, expressed her support of the project and the new jobs it will bring
into the city.
Eva Villegas, Baldwin Park, expressed the need for jobs for the youth of Baldwin Park. She stated
the job opportunities would give the youth financial independence and keep them off the streets and
out of trouble.
Kathryn Tizcareno, Baldwin Park, expressed her support of the project. She stated that that
Baldwin Park needs to provide jobs for its youth and the area needs to be developed and cleaned
up.
There was no one else wishing to speak, therefore Mayor Lozano declared the public hearing
CLOSED.
COUNCILMEMBER COMMENTS
Councilmember Van Cleave explained that he is not anti Wal-Mart, however he is concerned about
the problems this project will do to the community and it is residents. Wal-Mart will destroy
surrounding businesses and will not enhance the community in anyway. Councilmember Van
Cleave stated that he also supports good jobs and revenue for Baldwin Park, but Wal-Mart is not
the only choice, let alone the best choice.
Councilmember Pacheco is in support of developing a strong economy that will bring in jobs and
sales tax revenues, which is what the citizens of the City of Baldwin Park want. Like all other cities,
the City of Baldwin Park needs to continue to grow and progress. The decision that is ultimately
made by the City Council will be based on what is best for the City of Baldwin Park and its
residents.
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After lengthy discussion, a motion was made to waive further reading, read by title only, and adopt
Resolution No. 2001-087 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE
PROPOSED BALDWIN PARK MARKET PLACE 24-ACRE SITE); LOCATION: 24 ACRES
BOUNDED BY BIG DALTON AVENUE, MERGED AVENUE, PUENTE AVENUE AND THE 1-10
FREEWAY."
MOTION: Mayor Pro Tern Gair SECOND: Councilmember Garcia Motion Carried
NOES: Councilmember Van Cleave
COMMUNITY REDEVELOPMENT AGENCY CONVENED
Chairman Lozano convened the Community Redevelopment Agency at 10:00 p.m. for the purpose
of meeting in JOINT SESSION with the City Council.
JOINT PUBLIC HEARING ON THE DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN THE BALDWIN PARK REDEVELOPMENT AGENCY AND LEWIS INVESTMENT
COMPANY, LLC THE HEARING IS CONDUCTED PURSUANT TO SECTION 33433 OF
HEALTH AND SAFETY CODE Continued from September 5, 2001)
A motion was made to incorporate the comments received earlier this date, during the public
hearing to consider adopting the Final Environmental Impact Report for the Baldwin Park
marketplace 24-Acre Site); Lewis Retail and the Baldwin Park Redevelopment Agency co-
applicants), into this proceeding.
MOTION: Mayor Pro Tern Gair SECOND: Councilmember Garcia Motion carried
NOES: Councilmember Van Cleave
Mayor Lozano declared the CITY COUNCIL and the COMMUNITY REDEVELOPMENT AGENCY
public hearing OPEN for public participation.
There was no one else wishing to speak, therefore Mayor Lozano declared the public hearing
CLOSED.
A motion was made to waive further reading, read by title only, and adopt on first reading
Resolution No. 2001-088 entitled, A RESOLUTION OF THE CITY OF BALDWIN PARK
APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY AND LEWIS INVESTMENT COMPANY, LLC."
MOTION: Mayor Pro Tern Gair SECOND: Councilmember Garcia Motion Carried
NOES: Councilmember Van Cleave
A motion was made to waive further reading, read by title only, and adopt Resolution No. 359
entitled, A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN
PARK APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY AND LEWIS INVESTMENT COMPANY, LLC."
MOTION: Vice Chair Gair SECOND: Member Garcia Motion Carried
NOES: Member Van Cleave
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2001 10 03 CC MINòw @˜ ‡ q 2001 10 03 CC MINZFäZHsõ 2001 CC MIN 10-03-2001HnÉ City Council Minutes October 3, 2001 Page 9
REPORTS OF OFFICERS
PROPOSED SMOKING BAN MORGAN PARK
Chief Kling reported on pending legislation relating to regulations and enforcement of a proposed
smoking ban within city parks. The legislation is expected to be approved by the end of the year
and become effective January 1, 2002.
The City Council unanimously agreed to take no action on this matter at this time. Subject matter
was will be brought back to the City Council prior to the end of the year with a report on the status
of the proposed state law.
AUTHORIZE THE CITY CLERK'S OFFICE TO COMMENCE THE SELECTION PROCESS TO
FILL A VACANCY ON THE PERSONNEL COMMISSION HELD BY COMMISSIONER RONALD
PALACIOS
A motion was made to authorize the City Clerk's Office to initiate the selection process to fill a
vacancy on the personnel commission of the office held by member Ronald Palacios.
MOTION: Mayor Pro Tern Gair SECOND: Mayor Lozano Motion Carried
COUNCIL / STAFF REQUESTS AND COMMUNICATIONS
BALDWIN PARK VOLUNTEER PROGRAM
Councilmember Pacheco would like to see a centralized volunteer program implemented in various
city departments. He suggested that a committee be formed which would include members of the
personnel commission. He requested that staff research this matter and bring back to the next
meeting for council consideration. Mayor Pro Tern Gair suggested including the High School
counselors as members to that committee for the purpose of implementing a program that allows
students to receive credit for volunteer work performed. Councilmember Garcia noted that one of
the projects of the finance committee is to develop a volunteer program/ROP program with local
high schools, which would allow students to gain work experience in exchange for school credits.
PROPOSED RESOLUTION ESTABLISHING A UTILITY AUTHORITY
Councilmember Pacheco requested that a resolution be brought back on the next agenda for
council consideration of the formation of a utility authority. There were no objections.
ADJOURNMENT
There being no further matters for discussion; the meeting was adjourned at 10:15 p.m.
Approved byAt^^u^cil at their meeting held October 17, 2001.
Rosemary Jw^mirez, CMC
Chief Deputy CTty Clerk
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