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Home My WebLink About1984 07 18 CC MIN1984 07 18 CC MIN;¢f4Ä”ÿÿREGULAR MEETING OF THE CITY COUNCIL OF WE. CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVENUE, WEDNESDAY/ JULY 18, 1984 AT 7:00 P.M. The City Council of the City of Baldwin Park met in regular session in the Council Chanters at 7:00 P.M. The Invocation was given by Councilman Izell. Councilman King led the Flag Salute. ROLL CALL PRESENT: COUNCHMEN GIBSON, IZELL, KING AND MAYOR WHITE AI£0 PRESENT: Acting City Manager Halloway, City Attorney Flandrick, Acting Dir. of Ccmn. Serv. Rangel, Acting Dir. of Housing & Economic Dev. Stoner, Chief of Police Snowden, City Librarian Morris, and City Clerk Gair 00- City Councilman McNeill's and City Treasurer Montenegro's absence was automatically excused. 00- Councilman King told of accepting a PW-MIA Flag on behalf of the Council from the American Legion. Four special dates, for the flag to be flown at City Hall were requested in honor of the POW's and MIA's beginning on July 20. Mayor White also told of the Olympic Flag that was presented to the City by the Coca Cola Bottling Co. to be ficwn in the spirit of the Olympics. Mayor White asked Councilman Gibson to present this flag to the Historical Society after the Olympics are over. City Clerk Gair told that eleven girls from the Baldwin Park High School Drill Team had been chosen to perform in the Opening Day Ceremonies of the Olympics, 00- Mayor White declared Oral Ccmnunications Open for disucssion by the City Employees Association and invited those wishing to speak to come forward. Speaking on behalf of the City Employees Association was Bill Strcmberg, Regional Manager for California League of Cities Employee Association. He explained that the association is unable to reach an agreonent with the City Management representa- tive because of only one issue, the ronoval of the appeal of reprimands by a third party neutral. He outlined some of the concerns of the onployees, if this appeal right is lost, as leading to poor evaluations, holding back step increases, the monetary impact and future promotions. Mr. Strcmberg referred to the present State Law that allows Council to uni laterally iinplement this condition. There is no need to force employees to sign an agreement and feel burdened. The Council has legally met their meet and confer obligations. He reccrrnended that the City Negotiator go back to the bargaining table, and enter into an agreement on all other issues. He also pointed out the cost effectiveness in having a third party neutral because the employee representatives responsibly spend union dollars on valid cases. He asked the Council to INVOCATION FLAG SALLTTE ROLL CALL ABSENCES EXCUSED PRESENTATION OF FIAGS PCW-MIA's FLAG OLYMPIC FLAG OPENING DAY CEREMONIES PARTICIPANTS ORAL CQ^UNICATIONS FOR THE CITY EMPLOYEES ASSOCIATION OPEN BILL STRCMBERG BIB] 37655-U01 1984-U02 07-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9487-U03 DO9506-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1984 07 18 CC MIN;¢f4Ä”ÿÿREGULAR MEETING OF THE CITY COUNCIL JULY 18, 1984 OF THE CITY OF BAIZ3WIN PARK PAGE TWO give consideration to the viable solutions as presented, Mayor White, speaking on behalf of Council, explained that to MAYOR RESPONDS not allow employees to sign an agreement on arbitration, as suggested by Mr. Strcmberg, would not be bargaining in good faith. He said that the right to appeal is guaranteed and nothing is being taken away. He further explained that the Council's position on a reprimand is that it is a management perogative and is a necessary dis- ciplinary action. Directing the conduct and activities of employees is management's responsibility and can't be left to a third party, who has no real interest in the City. He stated that the Council values their employees and this request by Council does not seem unreasonable. Mr. Strorberg responded to the Mayor that the employees BILL STRCMBERG representatives would not consider the implementation of the arbitration provision by Council as bargaining in bad faith. He explained the anployee's option of court action in lieu of the right to appeal. He pointed out that arbitrator's decisions are reccmnendations only to the City Manager and that arbitration was developed to avoid costly litigation. Mayor White cemented that if this provision were considered MAYOR WHITE grave and required the remedy the employees are seeking, Council would vote to do it. He thanked the employees for the professional way they came tonight and hoped they can get together on this issue. Sylvia Soronen, resident and snployee of the City, asked Council SYLVIA SORONEN to put aside their decision on written reprimands. She read the heading to Ordinance No. 392 relating to Section 2907 2908 of the Baldwin Park Municipal Code and the Creation of a Personnel Board on January 20, 1965. She outlined the make up of the Personnel Board, meetings and duties. Mrs. Soronen explained that the onployees were fighting for their rights. The Personnel Board no longer exists and the appeal right is now being taken away. She spoke of their concern for what would be taken away next or what would happen under new management. The appeal right allows a healthy and pleasant working environment and the onployees do not abuse this appeal process. She asked the Council to understand the orployees position and take a vote on this issue. Mayor White stated that the Council was not attempting to start MAYOR WHITE an erosion of employee rights, but a lot of changes in labor laws have occurred since 1965. He thanked Mrs. Soronen and all those who came. Mayor White declared Oral Ccnmunications closed. ORAL COMMUNICATIONS CIOSED 00- City Clerk Gair presented the Consent Calendar: CONSENT CALENDAR 1. Approve Minutes of July 2, 1984 2. Receive and File Treasurer's Report June 30, 1984 3. Waive Further Reading and Adopt RESOLUTION NO. 84-56 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BAIZ3WIN PARK BIB] 37655-U01 1984-U02 07-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9487-U03 DO9506-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1984 07 18 CC MIN;¢f4Ä”ÿÿREGULAR MEETING CF THE CnY COUNCIL CF THE CITY CF BAUMIN PARK JULY 18, 1984 PAGE THREE 4. Waive Further Reading and Adopt RESOLUTION NO. 84-57 FIXING THE EMPDDYER'S CCOTRIBUTION UNDER TOE PUBLIC SMPIOYEES1 MEDICAL AND HOSPITAL CARE ACT 5. Waive Further Reading and Adept RESQLUTIOSI NO. 84-58 PROVIDING FOR TOE BORROWING CF FUNDS FOR FISCAL YEAR 1984 AM) TOE ISSUANCE AND SAIE OP 1984-1985 TAX AND REVENUE ANTICIPATION NOTES TOEREFOR 6. Final Approval Tract Map No. 38141 7. Approve 1984-85 Agreement Colen & Lee, Inc. Workers' Con-ipensation and Liability Administration 8. Approve 1984-85 Agreonent McGladrey Hendrickson & Pullen Annual Audit 9. Approve 1984-85 Maintenance AgreeTients Police Department 10. Approve Street Trees Listing 11. Approve Marorandum of Understanding Rental Rehabilitation Program Demonstration 12. Approve Contract Los Angeles County Animal Control and Mid-Valley Manpower Consortium 13. Approve Bid Award Exterior Painting of City Hall Rainbow Maintenance Ccrnpany It was moved and seconded to approve the Consent Calendar as presented. M/S/C: KING/GIBSCN. There were no objections. 00- Mayor White stated that there would be a Public Hearing on Z-433, A request for a change of zone from R-l, Single Family Residential to R-l PD) Single Family Residential Planned Development on approximately 2.9+ acres described as 4647 Laurens Avenue, Initiated by: Joseph Battaglia, Inc. and Paul Battaglia, Inc.". Acting Director of Coirnunity Services explained the zone change request before Council by Battaglia, Inc. This is for 23 single family hones as a Planned Development PD). Mr. Rangel explained the density that the applicant is proposing. Councilman Izell requested a point of order in reference to the zone change having nothing to do with what is goinq to be built. City Attorney Flandrick responded that this is an exception to that, it is a proposed change to the PD zone and has an applica- tion for a precise plan. Councilman Izell was concerned that when Council changes the zone to a PD and the developer sells the property tomorrow, the next person is not bound by his plans. That a zone change to a PD gives you the right for anything you want to put there. Council then discussed this with the City Attorney. Council asked what kind of controls could be put on this to insure that this project is developed as submitted and if a reasonable time frame for ccnpletion can be placed on this. CONSENT CALENDAR APPROVED PUBLIC HEARING Z-433 STAFF REPORT RANGEL COUNCIIMAN IZELL REQUESTS A POINT OF ORDER CITY ATTORNEY RESPONDS COUNCIL DISCUSSION BIB] 37655-U01 1984-U02 07-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9487-U03 DO9506-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1984 07 18 CC MIN;¢f4Ä”ÿÿREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAIWIN PARK JULY 18, 1984 PAGE FOUR The City Attorney explained that Council cannot automatically impose conditions and time limits, but they can be separate actions to this. Mr. Rangel continued the Staff report and explained the architectural design of the development. The Planning Ccrnnission approved this proposal 4-0. Mayor White declared the Public Hearing open and invited those wishing to speak to come forward. Joseph Battaglia, developer of project, stated that he plans to build the project as presented tonight before Council. He explained that the concept is very much like the Allwest Development on Center Street. The design is a Spanish Motif in various shades of whites, with roofs of various shades of red-brown coloring. He referred to the charts on the wall to show the zero lot line, the private easement, the special tiling to the design of the outer walls and the landscaping. He also explained the square footage and private yard space. Council discussed the private street, access by the Fire Department to this and the square footage being above the reccrrmended size. Also discussed was the usable space, open loft and roofing materials under consideration. Mayor White declared the Public Hearing closed. City Attorney Flandrick connented that, to meet the concerns of Councilman Izell, this proceeding involves a density bonus, if not granted, plans cannot be approved because it exceeds the density. If Council wishes to insure construction in accordance with the plan or at the end of a year the plan lapses and some other development, with Council approval, is submitted, condition the agreeTient as part of the process. Modify the Ordinance by adding on page 2, paragraph 6, sub- paragraph B, That construction of the development, as approved by the plan, shall ccnmence in a period of one year from the effective date of this Ordinance or the Density Bonus Agree- ment and the plan approved shall be null and void. It was moved and seconded to delete the portion of the Ordinance relating to the precise plan and the density bonus and handle that by adopting Ordinance No. 874 that reclassifies the Property frcm Rl to Rl PD) M/S/C: IZELL/KIN3. There were no objections. It was moved and seconded to approve the Development Plan as submitted, subject to the conditions that are contained in the Staff Report. M/S/C: KING/IZELL. There were no objections. Resolution No. 84-61) It was moved and seconded to authorize Staff to execute a Density Bonus Agreement with the developer consistent with the Staff report requiring the low income housing for those nurrber of units indicated and with the time limitation which requires development within a period of one year from the effective date of that agreement. M/S/C: GIBSON/KING. There were no objections Resolution No. 84-62) STAFF REPORT CONTINUED PUBLIC HEARING OPEN JOSEPH BATEAGLIA COUNCIL DISCUSSION PUBLIC HEARING CL36ED CITY ATTORNEY ORDINANCE NO. 874 APPROVED WITH DELETIONS DEVE1DFMEM' PIAN APPROVED WITH RESOLUTICN NO. 84-61 DENSITY BONUS AGREEMENT APPROVED RESOLLTTICN NO. 84-62 Mayor White declared Oral Conrnunications open and invited those wishing to speak to come forward. ORAL COMMUNICATIONS OPEN BIB] 37655-U01 1984-U02 07-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9487-U03 DO9506-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1984 07 18 CC MIN;¢f4Ä”ÿÿREGUIAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAUMTN PARK JULY 18, 1984 PAGE FIVE Eddie Marttnez, 3844 Willow, spoke concerning not being allowed to park his boat in his driveway because he can*t get it into his back yard. Hank Raroey, 14903 Alvine Lane, asked the Comrnunity Center be designated a historical monument. City Libririan Morris invited the Council to ccme see the new Book Detection Center. Mayor White declared Oral Ccinnunications closed. EDDIE MARTINEZ HANK RAMEY LIBRARIAN MORRIS ORAL COMMUNICATIONS CLOSED 00- It was moved and seconded to adjourn to a Closed Session at 8:35 p.m. Council reconvened in Regular Session at 8:50 p.m. Roll Call remained the same. 00- It was moved and seconded to adjourn the Regular Meeting of the City Council at 8:51 p.m. 1VS/C: KING/GIBSCN. There were no objections. CIOSED SESSION 8:35 P.M. COUNCIL RECONVENED 8:50 P.M. MEETING ADJOURNED 8:51 P.M. LINDA L.AIR, CITY CLERK BIB] 37655-U01 1984-U02 07-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9487-U03 DO9506-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06