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
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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
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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
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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/
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