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Home My WebLink About2004 05 19 REGULAR2004 05 19 REGULARw @| âCITY OF BALDWIN PARK REGULAR MEETING AGENDA CITY COUNCIL COMMUNITY REDEVELOPMENT AGENCY HOUSING & FINANCING AUTHORITY MAY 19, 2004 7:00 PM COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL: COUNCILMEMBERS: Marlen Garcia, David Olivas, Bill Van Cleave, Mayor Pro Tern Ricardo Pacheco and Mayor ManuelLozano ANNOUNCEMENTS PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS NONE CITY COUNCIL PUBLIC COMMUNICATIONS Five 5) minute speaking time limit Cinco 5) mmutos sera el limite para hablar No action or discussion shall be taken on any item not appearing on the posted agenda, except the members of the legislative body or its staff, who may briefly respond to statements made or questions posed by persons GC§54954 2) Si desea hablar acerca de cualquier tema, esta sera su oportunidad Por favor pase adelante Un interprete estara presente CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion There will be no separate discussion of these items unless a Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda 1. MINUTES Recommendation: Approve minutes of September 17, 2003 Regular); and May 5, 2004 Study and Regular). 2. WARRANTS AND DEMANDS Recommendation: Receive and file. BIB] 38183-U01 2004-U02 05-U02 19-U02 REGULAR-U02 LI8861-U03 FO8862-U03 FO35378-U03 DO48921-U03 C14-U03 AGENDAS-U03 7/14/2004-U04 ROBIN-U04 2004 05 19 REGULARw @| âAgenda May 19, 2004 Page 2 3. CLAIM REJECTION ERNESTO AGUIRRE 07.02.03) Recommendation: Reject the claim of Ernesto Aguirre 07.02.03) and direct staff to send the appropriate notice of rejection to claimant. 4. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF MAY 20, 2004 TO JUNE 1, 2004. Recommendation: Approve the preparation and presentation of the proposed certificates, proclamations and plaques. 5. TREASURER'S REPORT FOR THE MONTH OF APRIL 2004 Recommendation: Receive and file. 6. AWARD OF CONTRACT FOR THE REPAIR OF FLOOD DAMAGED AREAS IN CITY HALL, CIP 2004-02 Recommendation: 1) Award the contract to Civil Works Sealing and Water Proofing, Inc., in the amount of $165,821 for the repair of flood damaged areas in City Hall, 2004-02; 2) Authorize the Mayor to execute the Agreement; 3) Authorize the Director or Public Works to execute any necessary change orders in an amount not to exceed ten percent 10%) of the original contract amount; 4) Appropriate General funds in the amount of $165,000 to cover the cost of the contract and $16,500 as contingencies for unforeseen expenses; and 5) Authorize staff to submit claims of costs associated with this project for reimbursement. 7. ORDINANCE ADDING SECTIONS 97.5 TO TITLE IX OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO BLINDER RACKS Recommendation: Waive further reading, read by title only and approve on second reading Ordinance No. 1235 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 97.5 TO TITLE IX OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO BLINDER RACKS." 8. ORDINANCE APPROVING AMENDMENT 2004 TO THE REDEVELOPMENT PLAN FOR THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA REFERRED TO AS AMENDMENT 2004") Recommendation: Waive further reading, read by title only and adopt second reading Ordinance No. 1234 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING AMENDMENT 2004 TO THE REDEVELOPMENT PLAN FOR THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA." 9. APPROVAL OF AGREEMENT FOR CARNIVAL SERVICES CHRISTIANSEN AMUSEMENTS Recommendation: Approve the Carnival Services Agreement with Christiansen Amusements and authorize the Mayor to execute the necessary documents. BIB] 38183-U01 2004-U02 05-U02 19-U02 REGULAR-U02 LI8861-U03 FO8862-U03 FO35378-U03 DO48921-U03 C14-U03 AGENDAS-U03 7/14/2004-U04 ROBIN-U04 2004 05 19 REGULARw @| âAgenda May 19, 2004 Page 3 10. APPROVAL TO PARTICIPATE IN THE 2004 SUMMER LUNCH PROGRAM Recommendation: Appoint the Director of Recreation and Community Services as an agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, payment request and so on, which may be necessary to administer the grant. 11. RESOLUTIONS APPROVING THE ENGINEER'S REPORT FOR CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2004-05 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING Recommendation: Waive further reading read by title only and adopt 1) Resolution No. 2004-034 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE ENGINEER'S REPORT FOR STREET LANDSCAPING AND LIGHTING MAINTENANCE IN A LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF BALDWIN PARK;" and 2) Resolution No. 2004-035 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING ITS INTENTION TO ORDER THE ANNUAL ASSESSMENT LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING." 12. RESOLUTIONS APPROVING THE ENGINEER'S REPORT FOR CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2004-05 AND SETTING A TIME AND PLACE FORA PUBLIC HEARING Recommendation: Waive further reading read by title only and adopt 1) Resolution No. 2004-031 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE ENGINEER'S REPORT FOR PARK MAINTENANCE IN A CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF BALDWIN PARK;" and 2) Resolution No. 2004-032 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING ITS INTENTION TO ORDER THE ANNUAL ASSESSMENT LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING AS WEDNESDAY, JUNE 16, 2004 AT 7:00 P.M." 13. RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO FILE AN APPLICATION AND DESIGNATING THE SIGNATURE AUTHORITY FOR 10™ CYCLE USED OIL RECYCLING BLOCK GRANT Recommendation: Waive further reading, read by title only and adopt Resolution No. 2004-033 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO FILE AN APPLICATION FOR AND TO SERVE AS SIGNATURE AUTHORITY FOR THE 10^ CYCLE USED OIL BLOCK GRANT FUNDS." BIB] 38183-U01 2004-U02 05-U02 19-U02 REGULAR-U02 LI8861-U03 FO8862-U03 FO35378-U03 DO48921-U03 C14-U03 AGENDAS-U03 7/14/2004-U04 ROBIN-U04 2004 05 19 REGULARw @| âAgenda May 19. 2004 Page 4 14. CITY OF BALDWIN PARK'S COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2003. Recommendation: Receive and file. 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. 15. PUBLIC HEARING TO CONSIDER APPROVAL OF A ZONE CHANGE AND THE REPEAL OF SPECIFIC PLAN 91-1; LOCATION: 3111 BALDWIN PARK BLVD.; APPLICANT: M & A GABAEE, LLP Recommendation: Following public hearing, 1) Adopt Draft Mitigated Negative Declaration of Environmental Impact for the zone change; and 2) Waive further reading, read by title only and introduce for first reading Ordinance No. 1207 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CHANGE OF ZONE FROM 1C, INDUSTRIAL COMMERCIAL TO C2, GENERAL COMMERCIAL AND REPEALING SPECIFIC PLAN 91-1 FOR PROPERTY LOCATED AT 3111 BALDWIN PARK BOULEVARD, SHOWN AS PARCELS 55 THROUGH 70 ON PAGE 20 OF MAP BOOK 8551 OF THE LOS ANGELES COUNTY ASSESSOR'S RECORDS APPLICANT: REDEVELOPMENT AGENCY AND M & A GABAEE, LP; CASE NO.: Z-531)." REPORTS OF OFFICERS 16. APPOINTMENTS IN-HOUSE COMMITTEE CONTINUED FROM MAY 5,2004) Recommendation: Approve status of each committee and based on the need of the city, approve the continuation; reorganization and/or dissolution of the committees. 17. INTRODUCTION OF AN ORDINANCE AMENDING SECTIONS 38.15, 38.16, 38.17 AND 38.18 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO SMOKING IN AND AROUND PUBLIC BUILDINGS AND PUBLIC PARKS Recommendation: Waive further reading, read by title only and introduce for first reading Ordinance No. 1232 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 38.15, 38.16, 38.17 AND 38.18 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO SMOKING IN AND AROUND PUBLIC BUILDINGS AND PUBLIC PARKS." 18. ORDINANCE AND RESOLUTION AMENDING BY REFERENCE CHANGES TO LOS ANGELES COUNTY TITLE 10 RELATING TO ANIMAL CARE AND CONTROL SERVICES Recommendation: 1) Waive further reading, read by title only and introduce for first reading Ordinance No. 1229 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 92 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO ANIMAL CONTROL;" and 2) Waive further reading, read by title only and adopt Resolution No. 2004-036 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SETTING ANIMAL LICENSING FEES." BIB] 38183-U01 2004-U02 05-U02 19-U02 REGULAR-U02 LI8861-U03 FO8862-U03 FO35378-U03 DO48921-U03 C14-U03 AGENDAS-U03 7/14/2004-U04 ROBIN-U04 2004 05 19 REGULARw @| âAgenda May 19, 2004 Page 5 COUNCIL / STAFF REQUESTS AND COMMUNICATIONS CLOSED SESSION ADJOURN COMMUNITY REDEVELOPMENT AGENCY PUBLIC COMMUNICATIONS Five 5) minute speaking time limit Cinco 5) minutos sera el limite para hablar No action or discussion shall be taken on any item not appearing on the posted agenda, except the members of the legislative body or its staff, who may briefly respond to statements made or questions posed by persons GC§54954 2) Si desea hablar acerca de cualquier tema, esta sera su oportunidad Por favor pase adelante Un interprete estara presente CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion There will be no separate discussion of these items unless a Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda 19. MINUTES Recommendation: Approve minutes of May 5, 2004. 20 WARRANTS AND DEMANDS Recommendation: Approve Warrant Register No. 599. PUBLIC HEARINGS NONE REPORTS OF OFFICERS 21. SIERRA EXPANSION PROJECT PROPERTY ACQUISITION CONSULTANT CONTRACT CONTINUED FROM MAY 5, 2004) Recommendation: 1) Approve Consultant Services Agreement with Paragon Partners, Ltd. in an amount of $19,4000 plus a contingency factor of $2,9102 and authorize Executive Director to execute the Agreement. The total not-to-exceed contract amount would be $22,310; and 2) Approve opening purchase orders of $50,000 each for future acquisition consultant services on an as-needed basis with the following three firms: a) Paragon Partners, Ltd.; b) Henry Nunez Coordinated Land Services; and c) Overland, Pacific & Cutler, Inc. 22. CONCEPTUAL APPROVAL BY THE REDEVELOPMENT AGENCY FOR A PROPOSED FREESTANDING POLE SIGN FOR AN EXISTING INDUSTRIAL DEVELOPMENT WITHIN THE 1C, INDUSTRIAL COMMERCIAL ZONE SIERRA VISTA REDEVELOPMENT PROJECT AREA); LOCATION: 13409 GARVEY AVE. GARVEY PLAZA); CASE NO.: PR 04-12; APPLICANT: B.K. SIGNS Recommendation: Waive further reading, read by title only and adopt Resolution No. 395 entitled A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND CONCEPTUALLY APPROVING THE DESIGN REVIEW PROPOSAL FOR THE INSTALLATION OF A FREESTANDING POLE SIGN LOCATED WITH SIERRA VISTA REDEVELOPMENT PROJECT AREA; LOCATION: 13409 GARVEY AVENUE; CASE NO.: PR 04-12; APPLICANT: B.K. SIGNS." BIB] 38183-U01 2004-U02 05-U02 19-U02 REGULAR-U02 LI8861-U03 FO8862-U03 FO35378-U03 DO48921-U03 C14-U03 AGENDAS-U03 7/14/2004-U04 ROBIN-U04 2004 05 19 REGULARw @| âAgenda May 19, 2004 Page 6 23. CONCEPTUAL APPROVAL BY THE REDEVELOPMENT AGENCY FOR THE CONSTRUCTION OF A FULL SERVICE CAR WASH AND MINI MART WITHIN THE FC, FREEWAY COMMERCIAL ZONE SIERRA VISTA REDEVELOPMENT PROJECT AREA); LOCATION: 14626 DALEWOOD STREET; CASE NO.: PR 04-09; APPLICANT: ALEX FLORES, REPRESENTING ALBERT PELAEZ PRESTIGE MERCEDES) Recommendation: Waive further reading, read by title only and adopt Resolution No. 390 entitled A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND CONCEPTUALLY APPROVING THE DESIGN REVIEW PROPOSAL FOR THE CONSTRUCTION AND OPERATION OF AN AUTOMOBILE WASH AND MINI MART LOCATED WITHIN THE SIERRA VISTA REDEVELOPMENT PROJECT AREA; LOCATION: 14626 DALEWOOD STREET; CASE NO.: PR 04-09; APPLICANT: ALEX FLORES, REPRESENTING ALBERT PELAEZ PRESTIGE MERCEDES). 24. CONCEPTUAL APPROVAL BY THE REDEVELOPMENT AGENCY FOR THE PROPOSED DEVELOPMENT OF A FAST FOOD RESTAURANT PAD WITH A DRIVE-THRU ENCOMPASSING 2,841 SQUARE FEET OF FLOOR AREA; LOCATION: PAD A WITHIN THE BALDWIN PARK MARKETPLACE; APPLICANT: LONG JOHN SILVER'S RESTAURANT; CASE NO.: PR 04-22 Recommendation: Waive further reading, read by title only and adopt Resolution No. 394 entitled A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND CONCEPTUALLY APPROVING THE DESIGN REVIEW PROPOSAL OF A 2,841 SQUARE FOOT FAST FOOD RESTAURANT WITH A DRIVE-THRU PAD A) LOCATED WITHIN THE SIERRA VISTA REDEVELOPMENT PROJECT AREA APPLICANT: LONG JOHN SILVER'S RESTAURANT; LOCATION: AREA BOUNDED BY BIG DALTON AVENUE, MERGED AVENUE, PUENTE AVENUE AND THE 1-10, SAN BERNARDINO FREEWAY BALDWIN PARK MARKETPLACE); CASE NO.: PR 04-22) 25. CONCEPTUAL APPROVAL BY THE REDEVELOPMENT AGENCY FOR THE PROPOSED DEVELOPMENT OF A FAST FOOD RESTAURANT PAD WITH A DRIVE-THRU ENCOMPASSING 2,448 SQUARE FEET OF FLOOR AREA; LOCATION: PAD D WITHIN THE BALDWIN PARK MARKETPLACE; APPLICANT: THE ITRA GROUP, INC., REPRESENTING PANDA EXPRESS RESTAURANTS; CASE NO.: PR 04-17 Recommendation: Waive further reading, read by title only and adopt Resolution No. 393 entitled A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND CONCEPTUALLY APPROVING THE DESIGN REVIEW PROPOSAL OF A 2,448 SQUARE FOOT FAST FOOD RESTAURANT WITH A DRIVE-THRU PAD D) LOCATED WITHIN THE SIERRA VISTA REDEVELOPMENT PROJECT AREA APPLICANT: THE ITRA GROUP, INC. REPRESENTING PANDA EXPRESS RESTAURANT; LOCATION: AREA BOUNDED BY BIG DALTON AVENUE, MERGED AVENUE, PUENTE AVENUE AND THE 1-10, SAN BERNARDINO FREEWAY BALDWIN PARK MARKETPLACE); CASE NO.: PR 04-17) BIB] 38183-U01 2004-U02 05-U02 19-U02 REGULAR-U02 LI8861-U03 FO8862-U03 FO35378-U03 DO48921-U03 C14-U03 AGENDAS-U03 7/14/2004-U04 ROBIN-U04 2004 05 19 REGULARw @| âAgenda May 19, 2004 Page 7 AGENCY / STAFF REQUESTS AND COMMUNICATIONS CLOSED SESSION ADJOURN HOUSING & FINANCING AUTHORITY PUBLIC COMMUNICATIONS Five 5) minute speaking time limit Cmco 5) mmutos sera el lirrnte para hablar No action or discussion shall be taken on any item not appearing on the posted agenda, except the members of the legislative body or its staff who may briefly respond to statements made or questions posed by persons GC§54954 2) Si desea hablar acerca de cualquier tema esta sera su oportunidad For favor pase adelante Un interprete estara presente CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion There will be no separate discussion of these items unless a Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda 26. MINUTES Recommendation: Approve minutes of April 21, 2004. 27 HOUSING DEPARTMENT STATUS REPORT FOR THE MONTH OF APRIL 2004 Recommendation: Receive and file. PUBLIC HEARINGS NONE REPORTS OF OFFICERS NONE AGENCY / STAFF REQUESTS AND COMMUNICATIONS CLOSED SESSION ADJOURN CERTIFICATE OF POSTING I, Kathleen R. Sessman, Deputy City Clerk of the City of Baldwin Park, certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted not less than 72 hours prior to said meeting. Dated this 13th day of May 2004. T\d WA IJ^AA OL^^Uy^ r^, a. Kathleen R.^Ses^man Deputy City Clerk Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park For further information regarding agenda items, please contact the office of the City Clerk at 6269604011, ext 108 or 466, or via e-mail at rramirez@.baldwmpark corn or ksessman@tbaldwinpark corn In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626 960 4011 Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting 28 CFR 34 102 104 ADA TITLE II) BIB] 38183-U01 2004-U02 05-U02 19-U02 REGULAR-U02 LI8861-U03 FO8862-U03 FO35378-U03 DO48921-U03 C14-U03 AGENDAS-U03 7/14/2004-U04 ROBIN-U04