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HomeMy WebLinkAbout2016 02 17 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING FEBRUARY 17, 2016, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:10 p.m. INVOCATION The invocation was provided by Councilmember Pacheco. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Ricardo Pacheco Council Member Monica Garcia Council Member Susan Rubio Mayor Pro Tern Cruz Baca Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano stated, by a vote of 5-0, the City Attorney has been directed to proceed with filing claims against Mr. Paul Cook and Mr. Julian Casas for malicious prosecution as it pertains to Court Case Number BS147794; by a vote of 5-0, the City Attorney has been directed to take action against Mr. Greg Tuttle for harassment; and, by a vote of 3—2, Council dismissed Community Development Director Marc Castagnola without cause. ANNOUNCEMENTS Mayor Lozano announced, as required by Government Code section 54952.3, that members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of$30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting Mayor Lozano asked that this evening's meeting be closed in memory of Carlos Garcia, a 24 year old man who tragically passed recently. He also asked for remembrance of Mrs. Socorro Ayala, a 52 year resident of Baldwin Park, who passed at the age of 84 on February 11, 2016; and Suzie Ortiz, a long-time of Baldwin Park resident, who passed away at the age of 89. Councilmember Baca requested that condolences be sent to the family and friends of former Mayor of El Monte, Ernie Gutierrez, a pioneer of Latinos in civil service. Mayor Pro Tem Garcia asked that the meeting also be closed in memory of former Pro Football Player Lawrence "Art" Phillips, who passed recently. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS > Introduction of new staff member, Yuriko Ruiz-Esparza, Program Supervisor with the Recreation and Community Services Department. Manuel Carrillo, Director of Recreation and Community Services, introduced a recent addition to staff, Ms. Yuriko Ruiz-Esparza, who will be taking on the duties of former employee Monica Killen performed. ➢ Presentation by Michael Cacciotti, Southern California Air Quality Management District. Mr. Cacciotti began by explaining a variety of the many programs sponsored by the Air Quality Management District to switch to cleaner and healthier alternatives; narrated a PowerPoint presentation exhibiting the current air quality conditions and how individuals can help to improve air quality in the San Gabriel Valley. Dan May, American Green Zone Alliance, noted the advantages of using battery-powered equipment as opposed to the highly-polluting two-stroke motors; answer questions from Council. > Oath of Office for new Student Commissioner Anthony Grijalva, for service on the Recreation and Community Services Commission. Mayor Lozano administered the Oath of Office to Anthony Grijalva, the newest Student Commissioner appointed to the Recreation and Community Services Commission. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:38 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Al Contreras, Baldwin Park resident, expressed concern regarding Item No. 9 appearing on this evening's agenda, asking for additional information as it was thought to already be covered in property taxes; requested that Item No. 11 on this evening's agenda be explained more fully, inquiring as to whether the parking garage changes were a result of the ROEM project. Thomas Kerri, San Bernardino resident, inquired as to why the City cannot host both the State of the City and the Annual Easter Egg Hunt; also commented on the recent litigation the City has undergone, noting that it is costing tax payers a great deal of money. Arturo Luna, Baldwin Park resident, inferred that the developer of the ROEM Project are making campaign contributions in exchange for preferential treatment and are avoiding they are not paying property taxes; opined that most families these days own 6 or more cars and the ROEM project is not prepared for so many vehicles. Manuel Estrada, read a prewritten statement pertaining to recently settled litigation, Council campaign contributions by local businesses and developers, and the recent decision to ban medical marijuana dispensaries which, he pointed out, would generate enough revenue to fund the Police Department and Teachers at local schools for years to come. Unidentified Resident of Baldwin Park, referred to Agenda Items SA-16 and SA-17, pertaining to Exclusive Negotiating Agreements with MJW; noted that he agrees that the City's need to find Page 2 of 16 the best and highest use of its land; but questioned the fiscal prudence of the types of developments to be proposed; pointed to a need to utilize the lands for projects that would yield the highest revenues possible for the City; opined that, as a new resident, he questions the appropriateness of the Exclusive Negotiating Agreement versus bidding the projects. Dayana Partida, Field Representative for Assembly Member Roger Hernandez, advised Council of some of the upcoming events the Assemblyman will be hosting and invited Council and the community to attend. Ken Woods, Baldwin Park resident, expressed confusion regarding hiring consultants for the City Hall development proposals, hosting community workshops, and now disregarding these for the apartment complexes suggested by MJW; asked whether the process would be starting over again. Beatriz Sandoval, Baldwin Park resident, expressed concern regarding the use of school fields as a way of increasing green space on the weekends; opined that the fields may draw unwanted crowds such as drug users and delinquents; questioned why Council is considering building more apartments instead of more parks where member so of the community can spend time with their families. Juan Rios, Baldwin Park resident, commented on the FPPC 460 Forms submitted by Councilmembers; pointed out that the school fields do not belong to the City and there is no jurisdiction to decide that the school fields should be open on weekends; pointed out that the citizens pay taxes to the schools for the benefit of students and not for the benefit of soccer leagues. Unidentified Speaker, pointed out that Baldwin Park is working in concert with the School District ant that opening the fields on the weekends can only benefit the children of the community; encouraged Council to work out a plan to proceed with making these fields available. Greg Tuttle, Baldwin Park business owner, commented on the report out of Closed Session regarding proceeding with action against him; called out a number of sources from which councilmembers have received campaign contributions; inferred that a councilmember is pushing through contracts with known friends and associates; reminded the Mayor and Council that he has the right to speak as protected under the First Amendment; opined that new parks need to be built rather than constantly revamping existing parks or using school grounds. Unidentified Baldwin Park resident, complained about Waste Management being unresponsive to her request for additional waste containers and then billing her for bins she does not have; pointed out that she has contacted David Lopez who also contacted Waste Management to assist her but without success. Seeing no others wishing to speak, Public Communications closed at 8: 10 p.m. Chief Executive Officer Shannon Yauchzee responded to questions from Mr. Contreras regarding Agenda Item Nos. 9 and 11, explaining the purpose of each item and the impact they may have on property taxes. Mr. Yauchzee noted that Item No. 9 pertains to the City joining the San Gabriel Valley Vector Control District. This proposal is because the last two summers have seen a significant increase in mosquito activities and joining the District would provide residents a level of protection through Vector Control activities; noted that this item will present the Page 3 of 16 community the opportunity to vote whether or not they wish the City to become a member of the District. Mr. Yauchzee clarified that Item No. 11 is to provide secured parking for Police Department staff, noting that in recent years there has been an increase in assaults against police officers and the purpose of these improvements is to provide additional security in the parking structure; explained that funding is provided by Asset Forfeiture monies and not from the General Fund. Finally, Mr. Yauchzee explained that Item Nos. SA-16 and SA-17, pertain to an exclusive negotiating contracts, allows MJW a six month period in which to develop plans for both sites, which is a considerable investment, and present Council with proposals. If Council approves either or both proposals, a new agreement would be entered into at which time negotiations, terms and conditions would be developed; pointed out that it is a process and the entire process is subject to community input and Council approval. Mayor Pro Tern Garcia and Councilmember Baca also commented on ENAs and on the types of questions that may arise based on these agreements. Councilmember Pacheco responded to comments made during Public Communications regarding community parks and the many upgrades that have been done throughout the community. Councilmember Rubio and Baca commented on the process regarding the property adjacent to City Hall and a proposed park plaza. CONSENT CALENDAR Council pulled Items 4, 6, 8, 9, 10 and 11 from Consent Calendar for further discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Pacheco, and carried (5—0)to ratify the Warrants and Demands Register. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: Lozano. ABSTAIN: None. 2. TREASURER'S REPORT— DECEMBER 2015 Staff recommends that Council receive and file the Treasurer's Report for the month of December 2015. A motion was made by Lozano, seconded by Pacheco, and carried (5—0)to receive and file the Treasurer's Report for the month of December 2015. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 4 of 16 3. APPROVAL OF MEETING MINUTES Receive and file: Meeting Minutes of the Housing Authority, Finance Authority and Special City Council Meetings held on January 20, 2016. A motion was made by Lozano, seconded by Pacheco, and carried (5—0)to receive and file the minutes. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. APPROVAL OF AN AGREEMENT TO ALLOW A TEMPORARY MODULAR OFFICE TRAILER TO BE PLACED WITHIN AN EXISTING PARKING AREA AT 5050 RIVERGRADE ROAD IN CONJUNCTION WITH AN EXISTING BUSINESS (FREUDENBERG MEDICAL) FOR A MAXIMUM OF TWENTY-FOUR (24) MONTHS Staff recommends that the City Council approve the Agreement and direct the Mayor to sign the Agreement on behalf of the City of Baldwin Park. Councilmember Rubio expressed concern regarding the criteria and accountability of temporary modular offices and any loopholes that may exist that would allow an applicant to conduct business for an extended period within one of these units. City Planner Amy Harbin explained that zoning requirements provide constraints on the ability for someone to do so and assured Council that the building will be used only temporarily to house additional staff they are hiring while construction is being done on the building purchased by the applicant. Following discussion, Council directed that the Agreement be revised to stipulate a 12-month rather than a 24-month term. With that change, a motion was made and vote was taken. A motion was made by Rubio, seconded by Garcia, and carried (5—0)to approve the Agreement and direct the Mayor to sign the Agreement on behalf of the City of Baldwin Park. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 5. APPROVAL OF AN ENVIRONMENTAL IMPACT REPORT AND A SPECIFIC PLAN INCLUDING AN URBAN DESIGN FRAMEWORK, CIRCULATION AND PARKING, ZONING AND DEVELOPMENT STANDARDS, AND DESIGN STANDARDS AND GUIDELINES WITHIN THE AREA GENERALLY DEFINED AS THE CITY'S DOWNTOWN AREA. (LOCATION: THE CENTRAL BUSINESS DISTRICT AREA, GENERALLY BOUNDED BY LA RICA AVENUE TO THE WEST, CLARK STREET TO THE NORTH, PARK N RIDE LOT TO THE EAST AND DOWNING AVENUE TO THE SOUTH, INCLDUING THE METROLINK RAIL STATION; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: SP 15-01). Having opened and closed the public hearing for this matter on November 18, 2015, and receiving all testimony in opposition to and in favor of the Specific Plan and Page 5 of 16 Environmental Impact Report, staff and the Planning Commission recommend the City Council: A. Adopt and approve Resolution 2015-099 entitled, "A Resolution of The City Council of the City of Baldwin Park Certifying the Environmental Impact Report for the Proposed Downtown Transit Oriented Specific Plan as Adequate and Complete and Adopting a Statement of Findings of Fact in Support Thereof, A Statement of Overriding Considerations and Mitigation Monitoring Program (Location: The Central Business District Area Generally Bounded by La Rica Avenue to the West, Clark Street to the North, Park N Ride Lot to the East and Downing Avenue to the South, including the Metrolink Rail Station. Applicant: City of Baldwin Park; Case Number: Specific Plan 15-01 (SP 15-01);" and B. Adopt and approve Resolution 2015-098 entitled, "A Resolution of the City Council of the City of Baldwin Park Adopting the Findings of Fact and Approving a Transit- Oriented Development Specific Plan for the Downtown Baldwin Park Area (Location: The Central Business District Area Generally Bounded by La Rica Avenue to the West, Clark Street to the North, Park N Ride Lot to the East and Downing Avenue to the South, including the Metrolink Rail Station. Applicant: City of Baldwin Park; Case Number: Specific Plan 15-01 (SP 15-01). A motion was made by Lozano, seconded by Pacheco, and carried (5—0)to: A. Adopt and approve Resolution 2015-099 entitled, "A Resolution of The City Council of the City of Baldwin Park Certifying the Environmental Impact Report for the Proposed Downtown Transit Oriented Specific Plan as Adequate and Complete and Adopting a Statement of Findings of Fact in Support Thereof, A Statement of Overriding Considerations and Mitigation Monitoring Program (Location: The Central Business District Area Generally Bounded by La Rica Avenue to the West, Clark Street to the North, Park N Ride Lot to the East and Downing Avenue to the South, including the Metrolink Rail Station. Applicant: City of Baldwin Park; Case Number: Specific Plan 15-01 (SP 15-01);" and B. Adopt and approve Resolution 2015-098 entitled, "A Resolution of the City Council of the City of Baldwin Park Adopting the Findings of Fact and Approving a Transit-Oriented Development Specific Plan for the Downtown Baldwin Park Area (Location: The Central Business District Area Generally Bounded by La Rica Avenue to the West, Clark Street to the North, Park N Ride Lot to the East and Downing Avenue to the South, including the Metrolink Rail Station. Applicant: City of Baldwin Park; Case Number: Specific Plan 15-01 (SP 15-01). AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. CONSIDERATION OF DESIGNATING THE PLANNING COMMISSION AS THE BUSINESS IMPROVEMENT ADVISORY COMMITTEE PURSUANT TO ORDINANCE 842 RELATING TO THE ESTABLISHMENT OF A CITY WIDE BUSINESS IMPROVEMENT AREA IN THE CITY OF BALDWIN PARK Staff recommends that Council approve Resolution No. 2016-111, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Ordering the Designation of Page 6 of 16 the Planning Commission as the Business Improvement Advisory Committee to Make Recommendations on Matters Related to the City-Wide Business Improvement Area." Councilmember Rubio asked that an explanation of the difference between the purpose of the Planning Commission and the purpose of the Business Improvement Advisory Committee, noting that it appears they serve the same purpose; suggested that additional seats be added to the Committee to allow two to three business owners to participate since the funds being spent are for business improvement. Chief Executive Officer Yauchzee explained that California law and the City's municipal code require that the City appoint an advisory committee to make decisions and recommendations to Council regarding expenditure of Business Improvement Tax monies. Mayor Lozano stated that he would like to bring this item back at a future meeting because there are several questions that need to be answered. A motion was made by Lozano, seconded by Baca, and carried (5—0) to bring this item back at a future meeting. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE PUBLISHING A NOTICE OF INVITATION TO BID FOR PROJECT NO. 2015-0123, TRAFFIC SIGNAL INSTALLATION AT LOS ANGELES STREET AND HORNBROOK STREET Staff recommends that Council: 1. Approve the plans and specifications for the construction of a traffic signal at the intersection of Los Angeles Street and Hornbrook Avenue; and 2. Appropriate $200,000 in Gas Tax and Measure R Funds to ensure that funds are available for construction; and 3. Authorize the advertisement of a Notice of Invitation to Bid for the construction of the traffic signal. A motion was made by Lozano, seconded by Pacheco, and carried (5—0) to: 1. Approve the plans and specifications for the construction of a traffic signal at the intersection of Los Angeles Street and Hornbrook Avenue; and 2. Appropriate $200,000 in Gas Tax and Measure R Funds to ensure that funds are available for construction; and 3. Authorize the advertisement of a Notice of Invitation to Bid for the construction of the traffic signal. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 7 of 16 8. APPROVAL OF ADDITIONAL FUNDING FOR CITY PROJECT NO. 2015-0106 WALNUT CREEK NATURE PARK IMPROVEMENTS, PHASE I Staff recommends that Council: 1. Approve the appropriation of $50,000 from the TDA fund account #243-50-520- 58100-16185-2 additional ADA improvements; and 2. Authorize the Director of Finance to make appropriate transfers and fund adjustments. Mayor Pro Tern Garcia pointed to this item as a perfect example of how the City is working to improve parks around the city and asked Recreation and Community Services Director Manuel Carrillo to provide a status report on the improvements to this particular park. Director Carrillo provided a brief overview of the current phase of the project and noted some of the upcoming events associated with implementation of Phase II, including funding sources and grant opportunities. A motion was made by Garcia, seconded by Pacheco, and carried (5—0) to: 1. Approve the appropriation of $50,000 from the TDA fund account #243-50- 520-58100-16185-2 additional ADA improvements; and 2. Authorize the Director of Finance to make appropriate transfers and fund adjustments. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 9. ADVISORY VOTE TO JOIN THE SAN GABRIEL VALLEY VECTOR CONTROL DISTRICT It is recommended that the City Council provide staff direction to: 1. Conduct an advisory vote of Residents on joining the Vector Control District; 2. Appropriate the necessary funds, Up to $32,000 ($29,000 and a 10% contingency); and 3. Return to the City Council with the results of the vote. Mayor Lozano briefly explained the purpose of the Advisory Vote, noting that mailers will go out to all residents, not just property owners, to ensure all citizens have the opportunity to vote on this matter. Chief Executive Officer Yauchzee also noted that the City will hold Town Hall meeting in order to disseminate information and receive input from the community. A motion was made by Lozano, seconded by Pacheco, and carried (5—0)to: 1. Conduct an advisory vote of Residents on joining the Vector Control District; Page 8 of 16 2. Appropriate the necessary funds, Up to $32,000 ($29,000 and a 10% contingency); and 3. Return to the City Council with the results of the vote. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 10. NOTICE OF COMPLETION —CITY PROJECT NO. 2015-0091, RESIDENTIAL STREET REHABILITATION WORK Staff recommends that Council: 1. Accept the construction improvements by Sully-Miller Contracting Company and authorize the recordation of a Notice of Completion; and 2. Authorize the payment of $68,541.11 in retention funds to Sully-Miller Contracting Company upon expiration of the 35-day notice period. Mayor Pro Tern Garcia asked whether this pertains to the current project on Baldwin Park Boulevard. Public Works Director Dan Wall informed her that it was not and briefly described the areas where the work was done. Mayor Pro Tem Garcia asked that Public Works place some signage to provide notice to motorists as to when the project is expected to be complete. A motion was made by Garcia, seconded by Pacheco, and carried (5—0) to: 1. Accept the construction improvements by Sully-Miller Contracting Company and authorize the recordation of a Notice of Completion; and 2. Authorize the payment of $68,541.11 in retention funds to Sully-Miller Contracting Company upon expiration of the 35-day notice period. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 11. AWARD OF BID FOR CITY PROJECT NO. 2015-0117, TRANSIT CENTER 5TH FLOOR SECURITY UPGRADES It is recommended that the City Council approve and award the contract to M3 Services, Inc., in the amount of$149,944.72, and authorize the Mayor to execute the contract for the Transit Center 5th Level Security Upgrades. Councilmember Rubio asked that Chief Michael Taylor explain, for the community's benefit, what "Asset Forfeiture Fund" means and where the money comes from. A motion was made by Rubio, seconded by Baca, and carried (5—0)to approve and award the contract to M3 Services, Inc., in the amount of$149,944.72, and authorize the Mayor to execute the contract for the Transit Center 5th Level Security Upgrades. Page 9 of 16 AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS 12. POTENTIAL MUNICIPAL (ZONING) CODE AMENDMENT RELATING TO AUTOMOBILE TOWING AND STORAGE FACILITIES Staff recommends that Council provide direction to staff regarding the potential Municipal (Zoning) Code amendment relating to automobile towing and storage facilities: 1. Move forward with a Municipal (Zoning) Code Amendment to allow automobile towing and storage facilities with the following development standards: (i.) require a conditional use permit; (ii) require a minimum distance between facilities of 3,000 feet; and (iii) require a decorative perimeter block wall around the subject property; OR 2. Take no action. In response to an inquiry by Councilmember Pacheco, Chief Executive Officer Yauchzee provided a brief explanation of that the zoning amendment is for and the general areas where the zoning will be applied. City Planner Amy Harbin provided a brief overview of the current zoning codes and what changes would be affected with approval of this item; noted that approve of this item would impose the approval of a Conditional Use Permit (CUP). A motion was made by Garcia, seconded by Baca, and carried (5—0) to move forward with a Municipal (Zoning) Code Amendment to allow automobile towing and storage facilities with the following development standards: (i.) require a conditional use permit; (ii) require a minimum distance between facilities of 3,000 feet; and (iii) require a decorative perimeter block wall around the subject property. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 13. CONSIDERATION OF A POTENTIAL PROPOSAL FOR SERVICES WITH THE KOSMONT COMPANY Staff recommends Council provide direction to staff regarding a proposal from the Kosmont Company relating to seeking assistance with retail-based economic development strategies as follows: 1. Hear the Kosmont Company presentation introducing the proposal for services; and 2. Consider directing staff to finalize an agreement and scope of services with the Kosmont Company and direct the City Attorney to draft a contract to be brought back to City Council for approval. Archie Kosmont, president of Kosmont Company, provided a brief overview of the company, the purpose of the proposal being presented. Council discussion ensured as Councilmember Baca inquired as to the differentiating services from that of another recently contracted consultant, AIMS. Page 10 of 16 Councilmember Baca also expressed concern regarding the terms of compensation, noting that it differs from contracts the City has approved with other consultants. Councilmember Pacheco commented, suggesting that staff review both contracts to insure that services do not overlap but do complement each other's work. Councilmember Pacheco also supported the questioning of the compensation, furthering the desire for staff to renegotiate and revise the contract. Councilmember Pacheco then made motion to direct the City Attorney to draft a contract with Kosmont which will insure that the scope of service does not overlap that of AIMS and will reflect a negotiated compensation in line with the City's standard contract. After further discussion, Council directed staff to arrange for AIMS to appear at the next regularly scheduled meeting and to provide an analysis of expected product of the scope of services. Councilmember Baca and Councilmember Rubio both expressed the desire for AIMS to provide a report of what has been done thus far and what remains to be done prior to approving the contract with Kosmont. A motion was made by Pacheco, seconded by Garcia, to direct the City Attorney to draft a contract with Kosmont. Councilmember Baca voiced objection. With that objection on record, Mayor Lozano then directed the City Treasurer to take the vote by Roll Call. With the motion by Pacheco, seconded by Garcia, motion passed by 3—2 vote with Councilmember Baca and Councilmember Rubio voting No. AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio. ABSENT: None. ABSTAIN: None. 14. APPROVE RESOLUTION NO. 2016-107, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY," AND FOLLOWING REVIEW AND APPOINTMENT OF MEMBERS TO ESTABLISHED COMMITTEES, ADOPT SAID RESOLUTION. Staff recommends that Council 1) review and appoint members to the positions of representatives and alternates of the established committees and organizations presented in Resolution No. 2016-107, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City;" and 2) review in-house committee appointments and select or nominate members as representatives of these committees accordingly, noting that, for those committees which provide any stipends, members nominated for such committees must abstain from that vote. A motion was made by Lozano, seconded by Baca, and carried (4—0)to bring this item back at a future meeting. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 11 of 16 15. REVIEW OF CURRENT COMMISIONERS AND CONSIDERATION OF APPOINTMENT, REAPPOINTMENT, OR REMOVAL OF MEMBERS OF VARIOUS CITY COMMISSIONS Staff recommends that the City Council provide staff directions. Councilmember Rubio expressed concern about removing all commissioners from all City commissions because it would create a lack of quorum in virtually every commission. A motion was made by Pacheco, seconded by Lozano to remove all commissioners from all commissions and re-advertise all offices. Councilmember Baca voiced objection. With that objection on record, Mayor Lozano then directed the City Treasurer to take the vote by Roll Call. With the motion by Pacheco, seconded by Garcia, motion passed by 3—2 vote with Councilmember Baca and Councilmember Rubio voting No, to remove all commissioners from all commissions with the exception of the three student commissioners on the Recreation and Community Services Commission. AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. CITY COUNCIL ACTING AS HOUSING SUCCESSOR AGENCY OF THE COMMUNITY DEVELOPMENT COMMISSION 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 City 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. SA-16. CONSIDERATION OF AN EXCLUSIVE NEGOTIATION AGREEMENT (ENA) WITH MJW INVESTMENTS, LLC, FOR A PROPOSED TRANSIT-ORIENTED RESIDENTIAL DEVELOPMENT PROJECT BETWEEN BADILLO STREET AND RAMONA BOULEVARD Staff recommends that City Council approve the following: 1. Approve the proposed Exclusive Negotiation Agreement (ENA) for a proposed transit-oriented residential condominium development project located at the intersection of, and between, Badillo Street to the south and Ramona Boulevard to the north; and 2. Authorize the Mayor to execute the Agreement. Chief Executive Officer Yauchzee provided a brief overview of the intent of the two ENAs. In response to Mayor Lozano's request, Mr. Yauchzee asked the representative of MJW, Mark Walbern, to respond to Council's inquiries. Mr. Walbern provided a brief overview of each of the two projects that are being considered and spoke briefly of other projects that MJW has successfully completed. Councilmember Baca asked whether a traffic study would be conducted as part of the ENA and implored that the community be involved, through town hall meetings and outreach. Page 12 of 16 Councilmember Rubio expressed strong objection to the prospect of building residential units on the property adjacent to City Hall, particularly because there had been a great deal of discussion and review of proposals for a "civic plaza" and "art walk," with the intent of making it a community gathering place. Mayor Pro Tem spoke of the history of economic growth in the city and how surrounding cities have developed over the years; pointed to many of the improvements that have already occurred in the city and expressed support for proceeding with the ENA to bring a new vision for the community. Mayor Lozano opened the floor for public comment at 9:46 p.m. Al Contreras, Baldwin Park resident, expressed appreciation and support for preserving the "red car" building and designating it as a historic site, and that it is protected. Margarita Vargas, Baldwin Park resident, expressed disappointment because she has been anticipating a park plaza being build adjacent to City Hall; pointed out that the area will appear congested and crowded with the addition of apartments; also supports the idea of preserving the "red car" building. Arturo Luna, Baldwin Park resident, expressed frustration at the idea of developing more residential buildings while the city is also talking about increasing "open space;" opined that the developer is the only one that benefits from these projects. Martin Herrera, Baldwin Park resident, expressed support for the ENA, noting that he supports "open space" but that it would be financially prudent to allow high density building, thereby generating increased business for local stores and an increase in property value; noted that the location is also ideal because of the easy access to the Metrolink and shopping. Unidentified speaker, as translated by the City Clerk, Alejandra Avila; expressed dismay for the notion of demolishing the "red car" building, opining that it represents a historic landmark to the community; noted that there is a need for additional residential units in the city but needs must consider what benefits the entire community; suggested that development of a "civic plaza" would create a common are where seniors and youth could come together. Juan Rios, Baldwin Park resident, commented that he and others were under the impression that work had already begun on developing a civic plaza and that is was going to balance out the ROEM project; noted that there are many other locations in the city where development would be more appropriate. Joanna Valenzuela, Baldwin Park resident and Planning Commissioner, pleaded with Council to consider preserving the "red car" building and its historic value; requested that Council consider the many children that walk in the area immediately around City Hall and the decision on development should take this into consideration. Greg Tuttle, Baldwin Park business owner, spoke out against development of high density residential units in the area; noted between the ROEM project and the addition of 20 to 30 more units in the area, parking would be unmanageable; opined that the closing of Pacific Avenue and Maine Avenue would create more traffic congestion in the downtown area. Seeing no others wishing to speak, Mayor Lozano closed Public Comments at 10:04 p.m. Page 13 of 16 Mayor Lozano announced first that the "red car" building is not a part of the proposed project and will not be knocked down; stated that any development on that site will include restoration of the building; inferred that the issue is being raised as a political move. Following his statement, Mayor Lozano made a motion to approve the contract with MJW. Councilmember voiced objection and Mayor Pro Tem seconded the motion. Councilmembers Rubio and Baca voiced concern, pointing out that some of the evening's speakers on this item are well respected members of the community and have generations of families living here; opined that the implication that decisions are politically motivated are inappropriate. At this time, Mayor Lozano restated his motion, to approve Item Nos. SA-16 and SA-17, as consent calendar items, noted the second by Mayor Pro Tem Garcia, and the objection by Councilmember Baca. He then called upon the City Clerk to take a vote by roll call. A motion was made by Lozano, seconded by Garcia, and carried (3—2), with Councilmember Baca and Councilmember Rubio voting No, to approve the following: 1. Approve the proposed Exclusive Negotiation Agreement (ENA)for a proposed transit-oriented residential condominium development project located at the intersection of, and between, Badillo Street to the south and Ramona Boulevard to the north; and 2. Authorize the Mayor to execute the Agreement. AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio. ABSENT: None. ABSTAIN: None. SA-17. CONSIDERATION OF AN EXCLUSIVE NEGOTIATION AGREEMENT (ENA) WITH MJW INVESTMENTS, LLC, FOR A PROPOSED TRANSIT-ORIENTED RESIDENTIAL DEVELOPMENT PROJECT BETWEEN STERLING WAY AND MAINE STREET, FACING BALDWIN PARK CITY HALL Staff recommends that City Council approve the following: 1. Approve the proposed Exclusive Negotiation Agreement (ENA) for a proposed transit-oriented residential apartment development project located between Sterling Way to the west and Main Street to the south and east; and 2. Authorize the Mayor to execute the Agreement. As stated, Mayor Lozano restated his motion, to approve Item Nos. SA-16 and SA- 17, as consent calendar items, noted the second by Mayor Pro Tem Garcia, and the objection by Councilmember Baca. He then called upon the City Clerk to take a vote by roll call. A motion was made by Lozano, seconded by Garcia, and carried (3—2), with Councilmember Baca and Councilmember Rubio voting No, to approve the following: 1. Approve the proposed Exclusive Negotiation Agreement (ENA)for a proposed transit-oriented residential apartment development project Page 14 of 16 located between Sterling Way to the west and Main Street to the south and east; and 2. Authorize the Mayor to execute the Agreement. AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio. ABSENT: None. ABSTAIN: None. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Mayor Lozano for discussion and direction to staff on the following: • Mayor Lozano is requesting that direction be provided to staff to collaborate with BPUSD to consider opening all schools on Saturday and Sunday as green space for the Community. Mayor Lozano began by explaining that there are 21 schools in Baldwin Park and that these schools could be converted for park use during the weekends; noted that some schools are currently open on weekends and it creates a great deal of green space. Mayor Lozano directed staff to prepare a letter to the School District,to open dialogue and seek collaboration,establish guidelines for use, and make the best of the opportunity. Mayor Pro Tern Garcia noted that moving forward with this would tie in to the Healthy Living campaign that the City has been promoting over the past few years. Councilmember Rubio voiced concern regarding the approach to the proposal, noting that the City cannot mandate that the schools be open on the weekends; stated that she supports the idea but that there are associated costs that need to be taken into consideration when looking at this proposal. Councilmember Pacheco voiced support for the idea, noting that he lives close to a school and would appreciate having that option available in his neighborhood. • Mayor Lozano is requesting that direction be provided to staff to cancel the State of City Event this year and, in its place, use the funding for the Annual Easter Egg Hunt to be held on Saturday, March 26, 2016. Mayor Lozano stated that the State of the City event is to be cancelled for this year and the funds will, instead, be used to fund the Annual Easter Egg Hunt. CITY COUNCIL/CITY CLERK/CITY TREASURER/STAFF REQUESTS & COMMUNICATIONS Page 15 of 16 ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Rubio, to adjourn the meeting at 10:16 p.m. M ATT -0-- , I _� / •/ /;.// - - ano, Mayor / . -le ,era Avila, C y Clerk APPROVED: 4,4/i 4 Page 16 of 16