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HomeMy WebLinkAbout2013 10 02 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING October 02, 2013, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:00 p.m. INVOCATION The invocation was provided by Council Member Pacheco. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL The following Council Members were in attendance: Council Member Marlen Garcia Council Member Ricardo Pacheco Council Member Susan Rubio (arrived at 7:06 p.m.) Mayor Pro Tem Monica Garcia Mayor Manuel Lozano ANNOUNCEMENTS None. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Certificate recognition for years of service to Outgoing Planning Commissioner George Silva. Mr. Silva was not present. • Oath of Office for new Planning Commissioners Gustavo Huizar and Edwin Borques. Mayor Lozano asked Mr. Huizar and Mr. Borques to raise their right hand, and led them through the Oath of Office. • Proclamation on Domestic Violence Council Member Garcia presented an award to the Chief of Police, and noted that October is Domestic Violence Awareness Month. She stated that she hopes her story has empowered many women, and noted the importance of domestic violence awareness. City Council Regular Meeting Minutes 10/2/13 • Council Member Rubio announced that National Walk to School Day is held in the month of October. PUBLIC COMMUNICATIONS Mayor Lozano announced that public communications is now open and the limit on each speaker is three (3) minutes. Thomas Kerri spoke about the murder of Jonathan Denver, and noted that justice needs to be met for Mr. Denver. Lance Alexander asked Council to take Item No. 3 off the Consent Calendar because it is very controversial and should not be treated casually. Craig Peacock from Baldwin Park High School spoke of Virtual Enterprise, a program that teaches young students how to be entrepreneurs, and the fact that money to fund the program is being taken away. He asked residents to support this program. Ana Tafoya from Baldwin Park thanked the Council for discussing Ordinance No. 1360, which restricts the sale of cigars to minors. Art Luna stated that the Finance Report is not fine. He also noted the issue with monitoring the sale of cigars, and how instead the City should focus on paying the debts they owe, and creating more businesses in the City. There being no additional speakers Mayor Lozano closed public communications. CONSENT CALENDAR (Items 1 through 3) (Item No. 3 was pulled by Mayor Lozano for further discussion.) A motion was made by Lozano, seconded by Monica Garcia, and carried (5 —0) to approve the remaining Agenda Item Nos. 1 and 2 on the Consent Calendar. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands. 2. PURCHASE OF MOBILE IN CAR CAMERA SYSTEMS Staff recommends that City Council grant approval to: 1) Waive the formal bidding process pursuant to §34.23(C) of the Baldwin Park Municipal Code for the purchase of L3 Mobile-Version Inc. system, 2) Designate an amount not to exceed $29,430.00 from Cost Center 205-30- 310-53390-00000-2 for the restricted purchase of the new police department equipment, and 3) Authorize the Chief of Police, or her designee, to complete all appropriate documentation to complete the purchases. Page 2 of 7 City Council Regular Meeting Minutes 10/2/13 3. INTRODUCE ORDINANCE NO. 1360 AMENDING SECTION 125.010 AND 125.020 OF THE BALDWIN PARK MUNICIPAL CODE TO PROHIBIT THE SALE OF SINGLE CIGARS Staff recommends that the City Council introduce by first reading by title only Ordinance No. 1360, "AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 125.010 AND 125.020 OF THE BALDWIN PARK MUNICIPAL CODE TO PROHIBIT THE SALE OF SINGLE CIGARS (APPLICANT: CITY OF BALDWIN PARK)." (Mayor Lozano pulled Item No. 3 for further discussion) Mr. Dylan, franchise owner of a 7-11 Store, stated that Ordinance No. 1360 would drive business away from Baldwin Park stores onto neighboring cities. Council Member Pacheco asked if he really believed that not selling cigars would drive his store out of business. Mr. Dylan stated that that this Ordinance was a big problem for his store because clients who would normally stop to buy cigars and other products will no longer stop at his store because they cannot purchase all the products they would like to purchase. Mr. Pacheco asked Mr. Dylan what precautions his store takes to avoid that minors purchase cigars. Mr. Dylan outlined the screening process for minors purchasing cigars. Council Member Garcia stated that other 7-11 stores have been receptive of this Ordinance, and noted the fact that Mr. Dylan does not own a 7-11 store in Baldwin Park, and has not been involved in the negotiation of this Ordinance. She also noted that the purpose of this Ordinance is to create a healthy environment for residents and children. Council Member Pacheco asked to table this Item to the next meeting because he has more questions he would like to investigate. Council Member Garcia read the report prepared by Staff, which outlined the purpose of this Ordinance. She asked that the County prepare a presentation during the next meeting. Mayor Lozano opened the floor for public comment. Resident stated that cigars are also being sold around the neighborhood. Art Luna stated that cigars will be bought at other cities, and that restricting businesses does not make sense, although smoking is not a good idea. Council Member Garcia stated that businesses will not go out of business, but rather will be restricted when they advertise tobacco to children. Speaker asked whether this Item would be tabled to the next meeting, and offered his help to research the issue. Page 3 of 7 City Council Regular Meeting Minutes 10/2/13 Thomas Kerri stated that he believed that all tobacco should be behind the counter. He also noted the dangers of smoking and cigars. Council Member Rubio thanked the community for their support. Council Member Pacheco asked to see other city ordinances regarding the issue, and asked that Councilmembers look at both sides of the issue. A motion was made by Pacheco, seconded by Marlen Garcia, and carried (5—0) to move this Item to the next meeting. SET MATTERS — PUBLIC HEARINGS 4. HOUSING ELEMENT UPDATE (AGP-116) It is recommended that the City Council open the public hearing, receive any public comments, and following the public hearing adopt Resolution 2013-034 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AN UPDATE TO THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE GENERAL PLAN FOR THE 2014-2021 PLANNING PERIOD AND ADOPTING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (APPLICANT: CITY OF BALDWIN PARK; CASE NO. AGP-116)." Amy Harbin, City Planner, reported on this item. She outlined the four sections of the report presented by City Staff, and noted the various goals of the report. She stated that the Housing Element is a tool to help the City assess constraints in housing, and to be used as a guide for housing policies. A motion was made by Lozano, seconded by Pacheco, and carried (5—0) to approve an update to the Housing Element of the General Plan. 5. AN AMENDMENT TO THE CITY'S MUNICIPAL CODE ADDING SECTION 153.170.107 RELATING TO THE CREATION OF A COMPREHENSIVE SIGN PROGRAM; AND THE ADOPTION OF THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (APPLICANT: KAISER PERMANENTE; CASE NUMBER: AZC-174) Staff recommends City Council to adopt Resolution 2013-035 titled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO COMPREHENSIVE SIGN PROGRAMS. (APPLICANT: KAISER PERMANENTE; CASE NUMBER: AZC-174)." and Staff recommends City Council introduce by first reading by title only Ordinance 1359, "AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTION 153.170.107 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO COMPREHENSIVE SIGN PROGRAMS. (LOCATION: ALL COMMERCIAL, INDUSTRIAL AND MIXED USE ZONES; APPLICANT: KAISER PERMANENTE; CASE NUMBER: AZC-174)." Council Member Garcia asked to step out of Chambers on this Item because she is employed by Kaiser Permanente and felt it would be a conflict. Page 4 of 7 City Council Regular Meeting Minutes 10/2/13 Amy Harbin, City Planner, noted that this Ordinance will provide findings that will influence approval of all types of signs in the City such as wall signs, and free standing signs. She noted that this Ordinance would apply to larger scale developments such as Kaiser Permanente. Council Member Rubio noted that she would like for the Community Development Director to be the person in charge, but she stated that she would like for steps to be available to appeal to the City Council. Vijay Singhal, Chief Executive Officer, noted that from a control standpoint, it would be better to have the Planning Commission involved. Council Member Pacheco asked what signs Kaiser Permanente was concerned with. Ms. Harbin stated that they are concerned with wall, monument, and directory signs. She noted that at the moment there is no procedure to approve signs. Council Member Pacheco stated that he would like for the Ordinance to specifically say that issues with appeals would go directly to the Council. Joseph Pannone, City Attorney, noted that Subsection C of the Ordinance could read 'City Council' instead of 'Planning Commission'. Mayor Pro Tem Garcia asked what other discretionary actions or authority the Community Development Director holds. Ms. Harbin stated that the Zoning Administrator is also considered the Community Development Director. Mr. Singhal noted that the difference in the processes is that if the authority were given to the Planning Commission, then the public could partake in the discussion, but if the authority were given only to him, then the public would not be involved. Mayor Pro Tem Garcia stated that in that case, she would approve the authority be given to the Planning Commission, and appeals be directed to the City Council. Council Member Rubio stated that she would like more information, and asked that the Item be tabled for the next meeting. Ms. Harbin explained that it could take anywhere from sixty to ninety days. Mayor Lozano opened the floor for public comment. Speaker stated that he would like to see the sign process be applied to small-scale businesses as well. A motion was made by Pacheco, seconded by Monica Garcia, and carried (5—0) to table the Item to the next meeting. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE COMMUNITY DEVELOPMENT COMMISSION Page 5 of 7 City Council Regular Meeting Minutes 10/2/13 CONSENT CALENDAR 1. APPROVAL OF RESOLUTION NO. SA-2013-002 APPROVING THE LONG RANGE PROPERTY MANAGEMENT PLAN FOR EACH OF THE REAL PROPERTY ASSETS OF THE FORMER COMMUNITY DEVELOPMENT COMMISSION BY THE GOVERNING BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK It is recommended that the Successor Agency of the Community Development Commission of the City of Baldwin Park adopt Resolution No. SA-2013-002 entitled: "A RESOLUTION OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK APPROVING A LONG-RANGE PROPERTY MANAGEMENT PLAN PREPARED PURSUANT TO HEALTH & SAFETY CODE, SECTION 34191.5 FOR THE DISPOSITION OF REAL PROPERTY ASSETS OF THE FORMER COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK" A motion was made by Lozano, seconded by Monica Garcia, and carried (5 — 0) to approve Item 1 of the Consent Calendar. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Mayor Manuel Lozano for discussion & direction to staff on the following: • Contact Baldwin Park Police Association to inform them the City Council would like to have all present MOU negotiations done in public session to ensure the public is aware of all aspects of the negotiations and to seek their consent for that. Mayor Lozano stated that it is important negotiations be made public, and he noted other cities that do have transparency. Vijay Singhal, Chief Executive Officer, stated that once the Mayor gives direction, the decision has to go up to the agencies for approval. Council Member Rubio stated that she opposes this because all unions have the right to negotiate in good faith and in private. Mayor Lozano noted that information leaks out anyways, and that he would like the public to know exactly what information was discussed, and what the votes were. Council Member Pacheco stated that there could be a number of legal issues the Council could come across by making negotiations public. He suggested that votes could be given out publicly after Closed Session Items. Council Member Rubio stated that she strongly opposes this because it takes a basic right away. Mayor Pro Tem Garcia stated that she supports the Mayor in making negotiations public because even the POA has identified the need for greater transparency. Page 6 of 7 City Council Regular Meeting Minutes 10/2/13 Council Member Pacheco stated that he does not agree with Mayor Pro Tern Garcia. A motion was made by Mayor Lozano, seconded by Garcia, and carried (3—2) to send the request to negotiate in public to the POA. AYES: Garcia, Garcia, Lozano NOES:Pacheco, Rubio ABSENT: None. ABSTAIN: None. ADJOURNMENT A motion was made by Lozano, and seconded by Garcia to adjourn e City C• cil meeting at 8:24 p.m. War M- or ATTEST: / ,tee- y City Cler APPROVED: /VS// t Page 7 of 7