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HomeMy WebLinkAbout2016 12 07 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING DECEMBER 7, 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 7:15 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 MEMBERS PRESENT: Council Member Ricardo Pacheco Council Member Cruz Baca Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano stated that all items agendized for Closed Session were carried over to the next meeting and no action was taken. A motion was made by Mayor Lozano, seconded by Councilmember Pacheco, and carried (5 — 0)to adjourn the Special Meeting of December 7, 2016. ANNOUNCEMENTS Mayor Lozano requested that this evening's meeting be closed in memory of long-time Baldwin Park resident and active Woman's Club member, Mrs. St. Peters. Mayor Pro Tem Garcia also commented on Mrs. St. Peters and her positive impact on the community. Council member Rubio asked that well wishes go out to Mr. Poplar who is currently struggling with cancer; Council member Rubio also asked that it be acknowledged that this day, December 7, represents the 75th anniversary of the bombing at Pearl Harbor; asked that everyone remember those that lost their lives and those survived. Council member Baca asked that the meeting also be closed in memory of Eric Kahuai, a young Baldwin Park resident who recently lost his life; also in memory of Connie Castro who recently passed; Council member Baca also extended congratulations to Blanca Rubio on her election to the 48th District and congratulations to American Veterans Post 113 on their groundbreaking event. Mayor Lozano extended congratulations to Al Contreras who recently won a seat on the San Gabriel Valley Water Authority. 1. REORGANIZATION OF THE CITY COUNCIL - SELECTION OF MAYOR PRO TEMPORE Staff recommends that the City Council complete the reorganization of the City Council, and follow the procedure as suggested for the selection of Mayor Pro Tempore as follows: 1) The City Clerk opens the nominations for the office of Mayor Pro Tempore. Any Councilmember may nominate and no second to the nomination is required; 2) After receiving all nominations, the City Clerk closes the nominations; 3) The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the order in which nominations are received until a Mayor Pro Tempore is elected by majority vote. Council member Baca asked that the City Clerk read a list of those that have held the Mayor Pro Tern position over the past six years. A motion was made by Baca, seconded by Lozano, and carried (5 — 0) to select Susan Rubio as the Mayor Pro Tem for 2017. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Following the selection a plaque was presented to out-going Mayor Pro Tern Monica Garcia. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Presentation to the City Council of the Los Angeles and California Chapters of the American Planning Association Awards of Excellence 2016 or the City's Health and Sustainability General Plan Element Amy Harbin, City Planner, accepted the Award of Excellence on behalf of the City. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:28 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Art Luna, Baldwin Park resident, spoke about the proposed residential developments by Walbern; opined that there is only one ingress and egress which presents a danger in the case of an emergency; asked how much revenue the City will collect for these developments; spoke out regarding the Walnut Creek Nature Park and the excess amount of concrete being installed at the park and expressed concern regarding the potential damage by earthquake; demanded that a dump tank be brought in for the cement waste Juan Rios, Baldwin Park resident, expressed distress about the projects that are being approved without providing more information to the community; opined that some children are Page 2 of 14 being sent to Pepperdine, an expensive university, and asked where the tuition money is coming from; feels that the Mayor's decisions represent a conflict of interest, pointing to the previous Director of Public Works, having rejected a qualified contractor twice only to be eventually overruled. Berda Sevedra, Baldwin Park resident, speaking on Item 7, pointed out that a traffic study was not done and that the flow of traffic will be negatively impacted; provided recommendations of changes to traffic flow for the project that is proposed. Greg Tuttle, Baldwin Park business owner, spoke out against the proposed Walbern project; stated that Mr. Walbern has not done any outreach and spoke in contradiction to that at the Study Session; objected to the proposed residential development adjacent to an industrial area; objected to the process being followed with regard to executing ENA and the proposed DDA; alleged that Walbern is going to flip the property. Tony Baca, Baldwin Park resident, expressed concern regarding property where he keeps equipment stored; stated that a citation was issued but when he called about the citation he was unable to resolve the matter; the property is not residential but people are living there; alleged that Cruz Baca is intervened in matters regarding code violations. Rick Rodriquez, Land Use Attorney with Sheppard Mullin, expressed objection to the DDA; noted that the properties were supposed to be for low income housing; opined that DDAs are a bad deal for the City; noted the problem with vacation of property Maine Ave.; questioned whether the City can legally vacate Maine; DDA does not mention mixed use and school district aspect is not addressed. Jesse, Baldwin Park resident, expressed thanks for recognizing his wife's passing and paying condolences to his family. Seeing no others wishing to speak, Public Communications closed at7:49 p.m. Council member Baca noted that the speaker, Mr. Baca, is a relative and that the matters relevant to his discussion are private and is being handled as personal business. CONSENT CALENDAR 2. 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: None. ABSTAIN: None. 3. APPROVAL OF MEETING MINUTES Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Regular City Council Meeting held on August 17, 2016. B. Meeting Minutes of the Special Meeting held on September 7, 2016. Page 3 of 14 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. 9-1-1 COMMUNICATIONS EXTENDED MAINTENANCE SERVICE Staff recommends that Council authorize the Acting Chief of Police to proceed with obtaining the extended maintenance contract with A T &T. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to authorize the Acting Chief of Police to proceed with obtaining the extended maintenance contract with A T&T. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 5. APPROVE A RESOLUTION MODIFYING THE PART-TIME HOURLY RATE SCHEDULE TO COMPLY WITH THE STATE MINIMUM WAGE INCREASES Staff recommends that Council approve and adopt Resolution No. 2016-162, entitled "A Resolution of the City Council of the City of Baldwin Park Amending Resolution No. 2014- 026 Establishing an Hourly Pay Range Schedule for Part-Time Positions." A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to approve and adopt Resolution No. 2016-162, entitled "A Resolution of the City Council of the City of Baldwin Park Amending Resolution No. 2014-026 Establishing an Hourly Pay Range Schedule for Part-Time Positions." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. PUBLIC HEARING 6. CONDUCT A PUBLIC HEARING TO CONSIDER A REQUEST FOR CONSIDERATION OF A PROPOSED AMENDMENT TO SECTION 153.170 [SIGN REGULATIONS] OF THE CITY'S MUNICIPAL CODE, AND A PROPOSED DEVELOPMENT AGREEMENT TO ALLOW SIX (6) NEW ADVERTISING STRUCTURES AND THE EXTENSION OF AN EXISTING STATIC-FACED STRUCTURE (LOCATIONS: 12760 RAMONA BLVD.; 13234 FAIRGROVE ST.; 13400 GARVEY AVE.; 14145 GARVEY AVE.; 14237 GARVEY AVE.; 14230 DALEWOOD ST.; AND APN 8556-022-905; APPLICANT: MARK KUDLER, REPRESENTING BULLETIN DISPLAYS, LLC, CASE NUMBERS AZC-179 AND DA 15-010) City Planner Harbin provided a summary of the proposed changes and the proposed installation of billboards by the applicant then responded to questions from Council. Mark Kudler, representing Bulletin Displays, LLC, the applicant, responded to additional questions from Council. Page 4 of 14 Mayor Lozano opened the Public Hearing at 8:15 p.m. and invited those wishing to speak in opposition to this item to come forward and be heard. Arturo Luna, Baldwin Park resident, asserted that the billboards will be a distraction to drivers and will cause vehicle accidents on the freeway. Unidentified speaker stated that there are already several billboards in the area and having so many in such close proximities will create poor esthetics for the city. Mike Touhev, Baldwin Park property owner, asserted that noticing for the proposed project was not done properly, noted that federal law requires a number of "chits" and believes that the applicant does not and cannot obtain the number of chits necessary; stated that the project questionable. Unidentified speaker expressed concern about the length of the lease, stating that things will change over the next 30 years and feels that the lease agreement needs to have a mechanism to get out of the lease if necessary. Seeing not others wishing to speak against the item, Mayor Lozano invited those wishing to speak in support of the item to come forward. Mark Kudler, representing Bulletin Displays, LLC, opined that Mr. Touhey has inaccurate information and works for a competitor so his assertions are skewed; asserted that the benefits to the City are not limited to the revenue but will also provide pleasant esthetics and flexibility in the agreement. Mr. Kudler responded to questions from Council regarding the chits and how they used. Mayor Lozano stated Lamar Billboards should also provide a presentation for the one the billboards located at 14145 Garvey Avenue. Mr. Kudler responded by saying the company would pull the entire proposal rather than piece out sections or the project. Mr. Kudler stated that the company has worked for three years to pull together this proposal and that Lamar is trying to take business from him. Council member Baca questions the motives of Mr. Touhey and his assertions; noted that Mr. Kudler has been very open with information and wonders why inquiries have not been make prior to this coming for approval; noted that she feels this objection is coming in at the last minute and is very concerned with this 12th hour reaction. Mayor Pro Tern Rubio expressed concern regarding all of the time and expense to get the project to this point only to have Lamar come in and object. Mr. Kudler stated that the company has, based on direction from Council, spent money on doing the studies and meeting the requirements. He further stated that Bulletin Displays, LLC, will not piece-meal the project and will walk away rather that split the project up. Mayor Lozano made a motion to bring this item back at a future meeting for further consideration, and was seconded by Council member Garcia. Council member Baca voiced objection. Mayor Lozano instructed the City Clerk to conduct a roll call vote for the motion. AYES: Garcia, Lozano NOES: Baca, Pacheco, Rubio Page 5 of 14 ABSENT: None. ABSTAIN: None. The motion died by a vote of 2—3. A motion was made by Mayor Pro Tem Rubio which was seconded by Council member Baca with Council member Garcia voiced objection. Mayor Lozano instructed the City Clerk to conduct a roll call vote for the motion. AYES: Baca, Pacheco, Rubio NOES: Garcia, Lozano ABSENT: None. ABSTAIN: None. The motion passed 3—2. Staff and the Planning Commission recommend that Council conduct a public hearing and, follow such hearing: 1. Adopt Resolution No. 2016-160, entitled "A resolution of the City Council of the City of Baldwin Park, Approving and Adopting the Mitigated Negative Declaration of Environmental Impact for an Amendment to the City's Municipal Code Relating to Development Standards for Billboard Uses and a Development Agreement for the Construction of Six (6) New Billboards and the Extension of an Existing Static Billboard (12670 Ramona Blvd) (Location: 13400 Garvey Ave.; 14145 Garvey Ave.; 14237 Garvey Ave.; 14230 Dalewood St.; 12670 Ramona Blvd.; 13234 Fairgrove St.; APN: 8556-022-905; Applicant: Mark Kudler with Bulletin Displays, LLC; Case Numbers: AZC-179 and DA 15-01) 2. Introduce for first reading, by title only and waive further reading, Ordinance No. 1394, entitled "An Ordinance of the City Council of the City of Baldwin Park Amending Section 153.170.105 to the Baldwin Park Municipal Code Relating to Billboards;" and 3. Introduce for first reading, by title only and waive further reading, Ordinance No. 1395, entitled "An Ordinance of the City Council of the City of Baldwin Park Authorizing the City of Baldwin Park to Enter into a Development Agreement with Bulletin Displays, LLC, for the Approval of Six Digital Billboard Sign Faces on Three New Structures, Six Static Billboard Faces on Three New Structures and One Existing Three-Sided Static Faced Billboard Structure at the Real Property Generally Located Along the 1-605 and 1-10 Freeways Within the City of Baldwin Park." A motion was made by Rubio, seconded by Baca, and carried (3 — 2; Lozano and Garcia voting no) to: 1. Approve and adopt Resolution No. 2016-160, entitled "A resolution of the City Council of the City of Baldwin Park, Approving and Adopting the Mitigated Negative Declaration of Environmental Impact for an Amendment to the City's Municipal Code Relating to Development Standards for Billboard Uses and a Development Agreement for the Construction of Six (6) New Billboards and the Extension of an Existing Static Billboard (12670 Ramona Blvd) (Location: 13400 Garvey Ave.; 14145 Garvey Ave.; 14237 Garvey Ave.; 14230 Page 6 of 14 Dalewood St.; 12670 Ramona Blvd.; 13234 Fairgrove St.; APN: 8556- 022-905; Applicant: Mark Kudler with Bulletin Displays, LLC; Case Numbers: AZC-179 and DA 15-01); and 2. Introduce for first reading, by title only and waive further reading, Ordinance No. 1394, entitled "An Ordinance of the City Council of the City of Baldwin Park Amending Section 153.170.105 to the Baldwin Park Municipal Code Relating to Billboards;" and 3. Introduce for first reading, by title only and waive further reading, Ordinance No. 1395, entitled "An Ordinance of the City Council of the City of Baldwin Park Authorizing the City of Baldwin Park to Enter into a Development Agreement with Bulletin Displays, LLC, for the Approval of Six Digital Billboard Sign Faces on Three New Structures, Six Static Billboard Faces on Three New Structures and One Existing Three-Sided Static Faced Billboard Structure at the Real Property Generally Located Along the 1-605 and 1-10 Freeways Within the City of Baldwin Park." AYES: Baca, Pacheco, Rubio NOES: Garcia, Lozano ABSENT: None. ABSTAIN: None. 7. CONDUCT A PUBLIC HEARING TO CONSIDER A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A GENERAL PLAN AMENDMENT, ZONE CHANGE, TENTATIVE TRACT MAP TO SUBDIVIDE FOUR (4) PROPERTIES AND A SPECIFIC PLAN FOR THE DEVELOPMENT OF A 47-UNIT SINGLE-FAMILY DETACHED GATED CONDOMINIUM PROJECT AND ONE (1) COMMON LOT (LOCATION: 14837-14839 PACIFIC AVENUE; ASSESSOR'S PARCEL NUMBERS: 8438-015-037, - 043, - 047, - 059, - 065 THROUGH -103, - 060, - 061, - 062, AND -105; APPLICANT: CAL 33 PARTNERS, LLC; CASE NUMBERS AGP-118, Z-555, SP-16-01 AND TM-73354). Council member Pacheco recused himself from this item as he has property adjacent to the proposed site. He then left the dais. Abraham Telliz City Planning Department, provide a brief narrative of the proposed project and responded to questions from Council. Council expressed great concern regarding the traffic flow in the area and how it will be affected during peak hours. Discussion continued to consider various ways that traffic control could be implemented to improve the traffic flow. Mayor Lozano opened the Public Hearing at 9:07 p.m. and invited those wishing to speak in opposition to this item to come forward and be heard. Unidentified speaker expressed concern regarding the increase in the number of vehicles because of the project (zone for condominiums) and how it would impact traffic flow; opined that the revenue generated by the property could be reduced to have the number of units would be more conducive to the neighborhood; objected to the dust that would be created by the construction and the hours of operation; asked that these be considered to impose mitigation to address these issues. Page 7 of 14 Arturo Luna, Baldwin Park resident, expressed concern about the increase in traffic, parking will be negatively affected; opined that there is not sufficient parking and people will be fighting over places to park; suggested that a parking lot or structure be built; opined that it creates a danger because the increase in traffic will hinder the ability of the fire department to respond to emergency calls. Unidentified speaker pointed out that many of the vehicles are not registered and that parking is a serious problem; asserted that there is no way to control parking based on issuing parking permits, particularly because most homes have more than one vehicle. Seeing not others wishing to speak against the item, Mayor Lozano invited those wishing to speak in support of the item to come forward. Jim Power, representing the property owners/applicant, responded to concerns expressed by Council and previous speakers; noted that a traffic study was conducted and incorporated into the project; pointed out that all new residential units are required to have fire warning systems and noted that a dust mitigation plan is already proposed as part of the project; addressed concern regarding parking within the development both for residents and guests; responded to further questions from Council. Seeing no others wishing to speak, Mayor Lozano closed the Public Hearing at 9:32 p.m. Staff and the Planning Commission recommend that Council conduct a public hearing and, follow such hearing: 1. Adopt Resolution No. 2016-158, entitled "A Resolution of the City Council of the City of Baldwin Park, Approving and Adopting the Mitigated Negative Declaration of Environmental Impact for a General Plan Amendment, a Zone Change, a Specific Plan to Facilitate the Development of a 47-Unit Single-Family Detached Gated Condominium Project, and for a Tentative Tract Map (Location: 14837-14839 Pacific Avenue; Assessor's Parcel Numbers: 8438-015-037, -043, -047, -059, -065 through - 103, - 060, -061, -062, and -105; Applicant: Cal 33 Partners, LLC; Case Numbers AGP-118, Z-555, SP-16-01 and TM-73354);" and 2. Adopt Resolution No. 2016-159, entitled "A Resolution of the City Council of the City of Baldwin Park, Adopting the Findings of Fact and Approve a General Plan Land Use Map Amendment, a Tentative Tract Map, a Specific Plan to Subdivide Four Lots into Forty-Eight for a 47-Unit Single-Family Detached Gated Condominium Project, and One Common Lot Within the R-G (Residential Garden) and MU-2 (Mixed Use 2) Zones (Location: 14837-14839 Pacific Avenue; Assessor's Parcel Numbers: 8438- 015-037, -043, -047, -059, -065 Through -103, -060, -061, -062, and -105; Applicant: Cal 33 Partners, LLC; Case Numbers AGP-118, Z-555, TM-73354 and SP-16-01);" and 3. Introduce for first reading, by title only and waive further reading, Ordinance No. 1393, entitled "An Ordinance of the City Council of the City of Baldwin Park Adopting the Findings of Fact and Approving a Zone Change from RG/PD (Residential Garden Planned Development) and MU-2 (Mixed-Use 2) to R-3 (High Density Residential) and to Apply the Specific Plan (SP) Overlay to the Property Identified with Assessor Parcel Numbers Assessor's Parcel Numbers: 8438-015-037, - 059, - 043, - 047 (Applicant: Cal 33 Partners, LLC; Case Number Z-555)." A motion was made by Garcia, seconded by Rubio, and carried (5 — 0; bring this item back at the next regularly scheduled meeting and asked Page 8 of 14 the developer to make revisions to the exterior facade and bring the revised renderings back for further consideration: AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS 8. CONSIDER AND APPROVE THE SUPPLEMENTAL SERVICES AGREEMENT WITH (COLOR PRINTING SERVICES & MAILING, INC. Staff recommends that Council: 1. Consider funding three (3) additional issues of the BP NOW for the remainder of FY16-17; and 2. Consider and approve the supplemental services agreement with iColor Printing & Mailing, Inc.; and 3. Authorize the Finance Director to appropriate additional funding from the BIT Fund to cover the cost. A motion was made by Lozano, seconded by Pacheco, and carried (5—0) to 1. Consider funding three (3) additional issues of the BP NOW for the remainder of FY16-17; and 2. Consider and approve the supplemental services agreement with iColor Printing & Mailing, Inc.; and 3. Authorize the Finance Director to appropriate additional funding from the BIT Fund to cover the cost AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 9. A REQUEST FOR CONSIDERATION OF A PROPOSED AMENDMENT TO THE CONTRACT BETWEEN THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF BALDWIN PARK ENDING EMPLOYEES SHARING COST OF ADDITIONAL BENEFITS TO CONFORM WITH CURRENT PRACTICE AND MEMORANDA OF UNDERSTANDING WITH LOCAL MISCELLANEOUS MEMBERS, ADOPT RESOLUTION NO. 2016-161 AND INTRODUCE FOR FIRST READING ORDINANCE NO. 1392 AUTHORIZING THE AMENDMENT. Chief Executive Officer Yauchzee provided a brief overview of the purpose of the item and explained the impact to the City, employees and benefits. Staff recommends that Council: 1. Approve Resolution No. 2016-161, entitled "A Resolution of the City Council of the City of Baldwin Park Approving the Adoption of a Resolution of Intent Between the Page 9 of 14 Board of Administration of the Public Employees' Retirements System and the City Of Baldwin Park;" and 2. Introduce for first reading, by title only and waive further reading, Ordinance No. 1392, entitled "An Ordinance of the Baldwin Park City Council of the City Of Baldwin Park Authorizing an Amendment to the Contract Between the Baldwin Park City Council and the Board Of Administration of the Public Employees' Retirement System." A motion was made by Baca, seconded by Pacheco, and carried (5 — 0) to consider and approved: 1. Resolution No. 2016-161, entitled "A Resolution of the City Council of the City of Baldwin Park Approving the Adoption of a Resolution of Intent Between the Board of Administration of the Public Employees' Retirements System and the City Of Baldwin Park;" and 2. Introduce for first reading, by title only and waive further reading, Ordinance No. 1392, entitled "An Ordinance of the Baldwin Park City Council of the City Of Baldwin Park Authorizing an Amendment to the Contract Between the Baldwin Park City Council and the Board Of Administration of the Public Employees' Retirement System." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 10. CONSIDERATION OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH BP DEVELOPMENT PARTNERS I (AKA WALBERN) FOR A PROPOSED MIXED-USE. DEVELOPMENT PROJECT AT THE INTERSECTION OF MAINE AVE AND PACIFIC AVENUE Staff recommends that Council provide direction on the approval of the proposed Disposition and Development Agreement with BP Development Partners I, concurrently approve and adopt Resolution No. 2016-163, and authorize the Mayor to execute the agreement after a final review by the City Attorney. Mayor Lozano explained that this item had been discussed in the earlier Study Session and that the number of units would be reduced to 26 and that Maine Street and Sterling Way would remain open access. Council member Baca expressed her concern regarding the appraisal and the price proposed by the developer and the proposed changes; noted concerns regarding Maine and Sterling, the School District "triangle" and a lack of communication; stated that she has not received enough information and has not been given enough time to fully consider the project. Mayor Pro Tern Rubio stated that this item has had extensive discussion on this matter and how property ownership has been an issue; also pointed out that there has been no community outreach which is of great concern; opined that there is a great need for open space (parks) and this site had previously been identified as a possible civic plaza project; asserted that decisions are being made off the dais; urged Council to reconsider this item and further investigate potential projects. Page 10 of 14 Council member Baca expressed concern about the School District Triangle and the impact it may have on the relationship between the City and the School District given their objection to the project. Council member Pacheco made a motion, seconded by Council member Garcia to approve and adopt Resolution No. 2016-163, and authorize the Mayor to execute the agreement after a final review by the City Attorney. Council member Garcia pointed out that the City was working on a revitalization plan for the downtown area and that a variety of ideas were considered; opined that the site would be underutilized as a civic plaza; asked that the number of units and stipulations to the project. Council member Garcia then made a substitute motion to approve and adopt Resolution No. 2016-163, and authorize the Mayor to execute the agreement after a final review by the City Attorney with the stipulations that the project be reduced to a total number of 26 units and that Maine Street and Sterling Way would remain as roadway thoroughfares but also to bring the item back at a later date to consider the aesthetics, the landscape plan and for the developer to conduct public outreach. Mayor Pro Tem Rubio discussed the span of time that consideration of proposed uses for the site; opined that the development will create a crowded feel and does not provide the community with open space; expressed her opposition. Council member Garcia further discussed her support for the project. Council member Pacheco reintroduced his motion to approve the Resolution and proceed with the project. Council member Garcia seconded the motion but objection was voiced by Council member Baca. Mayor Lozano instructed the City Clerk to conduct a roll call vote for the motion. AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. The motion passed 3—2. A motion was made by Pacheco, seconded by Garcia, and carried (3 — 2; Baca and Rubio voted no) to approve and adopt Resolution No. 2016-163, and authorize the Mayor to execute the agreement after a final review by the City Attorney and the additional stipulation that the project will be reduced to a total of 26 units and that Maine Street and Sterling Way will remain as roadway thoroughfares.. AYES: Garcia, Lozano, Pacheco, Rubio NOES: Baca ABSENT: None. ABSTAIN: None. Page 11 of 14 11. CONSIDERATION OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH BP DEVELOPMENT PARTNERS I (AKA WALBERN) FOR A PROPOSED MIXED-USE DEVELOPMENT PROJECT AT THE INTERSECTION OF BADILLO STREET AND RAMONA BOULEVARD Staff recommends that Council provide direction on the approval of the proposed Disposition and Development Agreement with BP Development Partners I, concurrently approve and adopt Resolution No. 2016-164, and authorize the Mayor to execute the agreement after a final review by the City Attorney. Discussion on this item was done concurrently with City Council Item No. 10 and is provided above. The Council items listed above shall be heard concurrently with Housing Successor Agency Item Nos. HSA — 1 and HSA— 2. A motion was made by Pacheco, seconded by Garcia, and carried (3 — 2; Baca and Rubio voted no) to approve and adopt Resolution No. 2016-164, and authorize the Mayor to execute the agreement after a final review by the City Attorney and the additional stipulation that the project will be reduced to a total of 26 units and that Maine Street and Sterling Way will remain as roadway thoroughfares.. AYES: Garcia, Lozano, Pacheco, Rubio NOES: Baca ABSENT: None. ABSTAIN: None. CITY COUNCIL ACTING AS HOUSING SUCCESSOR AGENCY REPORTS OF OFFICERS HSA-1 CONSIDERATION OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH BP DEVELOPMENT PARTNERS I (AKA WALBERN) FOR A PROPOSED MIXED- USE DEVELOPMENT PROJECT AT THE INTERSECTION OF MAINE AVE AND PACIFIC AVENUE Staff recommends that Board provide direction on the approval of the proposed Disposition and Development Agreement with BP Development Partners I, concurrently approve and adopt Resolution No. HSA 2016-001, and authorize the Chair to execute the agreement after a final review by the City Attorney. Discussion on this item was done concurrently with City Council Item No. 10 and is provided above. A motion was made by Pacheco, seconded by Garcia, and carried (3 — 2; Baca and Rubio voted no) to approve and adopt Resolution No. HAS 2016-001, and authorize the Mayor to execute the agreement after a final review by the City Attorney and the additional stipulation that the project will be reduced to a total of 26 units and that Maine Street and Sterling Way will remain as roadway thoroughfares. AYES: Garcia, Lozano, Pacheco, Rubio NOES: Baca Page 12 of 14 ABSENT: None. ABSTAIN: None. HSA-2 CONSIDERATION OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH BP DEVELOPMENT PARTNERS I (AKA WALBERN) FOR A PROPOSED MIXED- USE DEVELOPMENT PROJECT AT THE INTERSECTION OF BADILLO STREET AND RAMONA BOULEVARD Staff recommends that Board provide direction on the approval of the proposed Disposition and Development Agreement with BP Development Partners I, concurrently approve and adopt Resolution No. HSA 2016-002, and authorize the Chair to execute the agreement after a final review by the City Attorney. Discussion on this item was done concurrently with City Council Item No. 10 and is provided above. A motion was made by Pacheco, seconded by Garcia, and carried (3 - 2; Baca and Rubio voted no) to approve and adopt Resolution No. HAS 2016-002, and authorize the Mayor to execute the agreement after a final review by the City Attorney and the additional stipulation that the project will be reduced to a total of 26 units and that Maine Street and Sterling Way will remain as roadway thoroughfares. AYES: Garcia, Lozano, Pacheco, Rubio NOES: Baca ABSENT: None. ABSTAIN: None. The Housing Successor Agency items listed above shall be heard concurrently with City Council Item Nos. 10 and 11. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS • Request by Mayor Lozano to discuss reconsideration of retention of Kaufman Law Firm and personnel investigation. Mayor Lozano spoke of an emergency meeting that was held regarding the retention of Kaufman Law Firm and that it would be more cost effective to seek mediation. Council member Baca stated that she does not feel like she is being protected because there has been a great deal of contention. Discussion continued to reflect on the previously considered Robert's Rules of Order and the emergency meeting that was held pertaining to this matter. Council member Pacheco read aloud a copy of the letter submitted to the Baldwin Park Police Department by Council member Baca. He then read a prepared response to the letter and the allegations contained in the letter. Mayor Lozano read aloud from meeting minutes to reiterate whether the allegations of Council member Baca and Council member Pacheco would be investigated by a law Page 13 of 14 firm or whether mediation would be pursued. Discussion continued regarding the expense of hiring the law firm and what the results, which would not be prosecutorial, would be. Mayor Lozano made a motion, seconded by Council member Baca, and carried 5 — 0 that the matter be forwarded to the District Attorney's Office for investigation. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None ABSENT: None. ABSTAIN: None. • Request by Council member Baca to discuss and provide direction to staff regarding the Good Samaritan Food Act of 1996. Council member Baca explained that the Good Samaritan Food Act provides for food donation of leftover food to non-profit entities or individuals; requested clarification of the Act to determine whether donations of food create a liability. • For Council Consideration and Discussion: Review of the City-wide accomplishments for 2016 and a request for a mid-year budget review to be held at the end of February. Discussion on this item was continued and will be heard at the next Regular Council meeting. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano, seconded by Councilmember Baca, to adjourn the Regular meeting at 10:49 p.m. May•� ATTEST: 111 Low.. /A I Manuel L• -no, Mayor Alejandra A a, City Clerk APPROVED: 6/3/ Page 14 of 14