HomeMy WebLinkAbout2002 11 06 CC MIN2002 11 06 CC MIN ;¢f4 º COUNCIL CHAMBER NOVEMBER 6, 2002
14403 E. PACIFIC AVENUE WEDNESDAY
BALDWIN PARK, CA 91706 7:00 P.M.
The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the
above time and place.
ROLL CALL
Present: Councilmembers: Linda Gair, Ricardo Pacheco, Bill Van Cleave, Mayor Pro-Tem
Marlen Garcia, and Mayor Manuel Lozano
Also Present: Dayle Keller. Chief Executive Officer; Arnold Alvarez-Glasman, City Attorney;
Mark Kling, Chief of Police; Jose Sanchez. Finance Director; Shafique Nayier. Public Works
Director; Melecio Picazo, Interim Community Development Director; Manny Carrillo,
Recreation/Community Services Director; Dolores Gonzalez-Hayes, Housing Director; Maria
A. Contreras. City Treasurer; Kathryn Tizcareno. City Clerk; Rosemary M. Ramirez. Chief
Deputy City Clerk and Kathleen Sessman. Deputy City Clerk
ANNOUNCEMENTS
Mayor Lozano requested to adjourn this meeting in memory of former resident David Fraijo
Morales Suzie Ruelas' father-in-law).
Mayor Lozano acknowledged and congratulated Assemblyman Ed Chavez and newly elected
San Gabriel Valley Basin Water Board Member Alfonso Contreras, on their successful
candidacy.
Mayor Pro Tern Garcia extended an invitation to the audience to attend the Skate Park and
Teen Center groundbreaking ceremony to be held on Saturday, November 9, 2002 at 10:00
a.m.
Councilmember Gair thanked the City Council and Director Carrillo and staff, for presenting
her with a plaque in recognition of her many years of volunteer parade service.
Mayor Lozano commented on the fascinating Harley-Davidson procession led by Los
Angeles Police Department Officer Mitchell Windsor. He requested that a letter of
appreciation be sent to Officer Windsor for his participation in the parade.
Councilmember Pacheco thanked Director Carrillo and staff, the Police Department and the
Public Works Department staff for their efforts in coordinating the parade and for working on
the day of the event.
Councilmember Pacheco acknowledged the audience presence of Baldwin Park Chamber
President Judy Mann and newly appointed Chamber Director Anna Marie Kimball.
PROCLAMATIONS, PRESENTATIONS AND COMMENDATIONS
Oath of Office and Certificate of Appointment was presented to newly appointed Personnel
Commissioner Gloria Garcia.
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2002 11 06 CC MIN ;¢f4 º City Council Minutes November 6, 2002 Page 2
PUBLIC COMMUNICATIONS
Cynthia Cruz. Famell Street. Lori Graham 12829 Farnetl Street, Alma Macias 12438 Farnell
Street, and Harvey Graham. Famell Street, spoke regarding a neighbor dispute on Farnell
Street and requested Council support for police intervention and assistance regarding this
issue. Dan Trunco suggested that the police provide additional protection to the residents on
Famell Street.
Al Contreras thanked the City for allowing the Valley County Water District to participate in
city parade. He also thanked alt who supported him in the San Gabriel Valley Basin District
election and looks forward to working with the city on issues of mutual concern.
Assemblyman Edward Ed" Chavez, thanked the City Council for their confidence in his work
and for their support of his re-election to the California State Assembly. He reaffirmed his
commitment to the City Council and to assisting the city in obtaining funds for community
projects.
Councilmember Pacheco thanked Assemblyman Chavez for his continued support.
particularly his support of the recently acquired funding for the Bames Park improvements.
Reverend Elmer Jackson, Christ Extended Hand and CEO/CEH Recovery Services,
reaffirmed his commitment to the Council and expressed his desire to participate in the
process of eradicating crime and violence from the City of Baldwin Park. He suggested that
the Council provide the physical police support and the clergy will provide the spiritual
support.
Mike Armijo of Armijo Industries/Public Relations, thanked those who supported the passing
of Baldwin Park Unified School District's Ballot Measure AA. which will provide funding in the
amount $46.6 million to be used towards school facility improvements.
Mr. Don Huff, 3814 Grace Avenue, acknowledge the support and advice of Chief Kling,
Mayor Lozano. Councilmembers Gair, Van Cleave and Pacheco, and the City Attorney. He
addressed comments on behalf of his son. to Mayor Pro Tern Garcia regarding a situation at
Kaiser Permanente. Mr. Huff addressed Mayor Pro Tern Garcia stating that he had an
opportunity to attend a Consortium meeting and was displeased with the manner in which he
believes Mayor Pro Tern Garcia chaired the meeting. Mr. Huff stated to Mayor Pro Tern
Garcia that he would be following her and watching her. He questioned her role as an
elected official and her dared ness of serving her community when he believes she stands
behind her employer instead. He stated that he has initiated a recall effort against Mayor Pro
Tern Garcia and that a notice of intent was delivered this evening, to Chief Deputy City Clerk
Ramirez for delivery to her and that a certified copy will be forthcoming.
Pheldron Carter. 2322 Channing Street, West Covina. requested Council review and
consideration to change the verbiage at the Metrolink monument to include black" in the
passage written.
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2002 11 06 CC MIN ;¢f4 º City Council Minutes November 6, 2002 Page 3
CONSENT CALENDAR APPROVED
Coundlmember Pacheco requested that the following item be removed from the Consent
Calendar for discussion:
1) Item 1-H APPROVAL OF A CONSULTANT SERVICES AGREEMENT
BALDWIN PARK CHAMBER OF COMMERCE BOO^O)
Chief Executive Officer Keller requested that the following item be removed from the Consent
Calendar for discussion:
2) Item 1-K APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT
WITH CIVIC SOLUTIONS, INC., FOR CONSULTING SERVICES WITHIN THE
PLANNING DIVISION 600-30)
Through Council consensus a motion was made approve Consent Calendar Item Nos. A-J
with the exception of item H and K) as presented. There were no objections.
MINUTES 6i<MO»
The minutes of October 16, 2002 Study & Regular), were approved as presented.
CLAIMS AND DEMANDS 3oo-30)
Further reading was waived, read by title only and Resolution No. 2002-099 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING
CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK" was adopted.
Councilman Bill Van Cleave abstained on all warrants to Mr. Bills Hardware financial conflict
of interest).
CLAIM REJECTION MELISSA MONTANEZ 01 012B) i70-7o»
The City Council rejected the claim of Melissa Montanez 01 012B) and directed staff to send
the appropriate notice of rejection to claimant.
ORDINANCE ADOPTING 2001 CALIFORNIA BUILDING CODE, TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS 43o-3o»
Further reading was waived, read by title only and Ordinance No. 1194 entitled. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING
CERTAIN SECTIONS OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE
ADOPTION OF NEW UNIFORM CODES." was adopt on second reading.
ORDINANCE RE-ADOPTING BALDWIN PARK MUNICIPAL CODE SECTION 150.003(A)
1999 LOS ANGELES COUNTY CODE BUILDING) TITLE 26 VOLUME I & II
AMENDMENTS 430.30)
Further reading was waived, read by titte only and Ordinance No. 1195 entitled, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING
SECTION 150.003 A-l) OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE
UNIFORM BUILDING CODE." was adopt on second reading.
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2002 11 06 CC MIN ;¢f4 º City Council Minutes November 6. 2002 Page 4
ORDINANCE AMENDING SECTION 130.43 OF CHAPTER 130 OF THE BALDWIN PARK
MUNICIPAL CODE RELATING TO POLICE ENFORCEMENT OF LOUD OR UNRULY
ASSEMBLAGES 530^0}
Further reading was waived, read by title only and Ordinance No. 1196 entitled, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING
SECTION 130.43 OF CHAPTER 130 OF THE BALDWIN PARK MUNICIPAL CODE TO
PROVIDE FOR POLICE ENFORCEMENT OF LOUD OR UNRULY ASSEMBLAGES," was
adopt on second reading.
APPROVAL OF A LEASE AGREEMENT WITH SENATOR GLORIA ROMERO FOR THE
USE OF OFFICE SPACE AT CITY HALL SOMO)
The City Council approved a Lease Agreement for the use of an office on the third floor of
City Hall by State Senator Gloria Romero and authorized the Chief Executive Officer to
execute the Agreement.
SALARY RESOLUTION AMENDING BASIC SALARY PLAN FOR THE EMPLOYEES OF
THE CITY OF BALDWIN PARK TOO-M)
Further reading was waived, read by title only and Resolution No. 2002-102 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING
RESOLUTION 2002-095 A BASIC SALARY PLAN FOR THE EMPLOYEES OF THE CITY
OF BALDWIN PARK Rehabilitation Housing Specialist and Housing Programs Coordinator)."
was adopted.
APPROVAL OF A CONSULTANT SERVICES AGREEMENT WITH PERSONNEL
CONCEPTS 600.30)
The City Council approved a Consultant Sen/ices Agreement with Personnel Concepts in an
amount not to exceed $30,000 for Personnel Services. Authorized the Chief Executive
Officer to execute the Agreement and the Finance Director to make the necessary budget
transfers.
CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION
APPROVAL OF A CONSULTANT SERVICES AGREEMENT BALDWIN PARK CHAMBER
OF COMMERCE SOQ^))
Councilmember Pacheco pulled this item to announce for the benefit of the audience, that
with the help of newly appointed Chamber President Mann, the City is now more involved
with the business community. Mayor Pro Tern Garcia stated that as the appointed city
representative/liaison to the Chamber, it is encouraging to now see the collaboration between
the Chamber and the Crty and is proud of the positive working relationship that has been
established.
Councilmember Van Cteave stated that one of the purpose of this funding was for Business
Promotion and Assistance.
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2002 11 06 CC MIN ;¢f4 º City Council Minutes November 6, 2002 Page 5
A motion was made to approve the Agreement with the Baldwin Park Chamber of Commerce
in an amount not to exceed $100,050 for sen/ices to promote and assist local business in
Baldwin Park and authorize the Mayor to execute the Agreement.
MOTION: Mayor Pro Tern Garcia SECOND: Councilmember Pacheco Carried
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH CIVIC SOLUTIONS,
INC., FOR CONSULTING SERVICES WITHIN THE PLANNING DIVISION oo^o»
Chief Executive Officer Keller requested that this matter be withdrawn from the agenda.
There were no objections.
PUBLIC HEARING
PUBLIC HEARING TO CONSIDER A REQUEST FOR APPROVAL OP A ZONE CHANGE
TO ALLOW THE PLANNED DEVELOPMENT PD) OVERLAY ON THE EXISTING R1.
SINGLE FAMILY RESIDENTIAL ZONE AND A DEVELOPMENT PLAN TO ALLOW THE
CONSTRUCTION OF A 17 UNIT PLANNED DEVELOPMENT, PURSUANT TO SECTIONS
153.630 AND 153.271 OF THE CITY'S ZONING CODE CASE NUMBERS Z-627 AND DR-
17; LOCATION: 3714 % 3728 MAINE AVENUE; APPLICANT: D.C. CORPORATION)
440-60 & 410-60)
At this point, Councilmember Gair recused herself from participation on the following matter
and stepped off the council dais.
Mayor Lozano declared the public hearing OPEN for public participation.
There was no one wishing to speak, therefore Mayor Lozano declared the public hearing
CLOSED.
Councilmember Pacheco expressed concern with the property lot size and opposes the plans
as submitted. He feels that consideration should be given to issues such as parking, traffic,
no play area for children, insufficient yard space, and children playing in between cars. He
also expressed concern with privacy issues, especially if situated as outlined in the plans. He
also feels that the matter of Councilmember Gair selling her property and purchasing property
in Tehachapi needs to be looked into.
Mayor Pro Tern Garcia feels that the city has to participate in providing an adequate housing
stock for the residents and other interested individuals and the choice of lot and home size
should be left up to the buyer.
Councilmember Van Cleave was surprised to hear Mayor Pro Tern Garcia support of the
project; he agrees that the lot sizes need to be bigger.
A motion was made to waive further reading, read by title only and introduce for firet reading
Ordinance No. 1198 entitled. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK APPROVING A CHANGE OF ZONE FROM R-1 TO R-1 PD) ON THE
PROPERTY LOCATED AT 3714 Vz 3728 MAINE AVENUE; APPLICANT: D.C.
CORPORATION; CASE NO.: Z-527." A motion was made to waive further reading, read by
title only and adopt Resolution No. 2002-101 entitled. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING A DEVELOPMENT PLAN
ALLOWING THE CONSTRUCTION OF A SEVENTEEN 17) UNIT SINGLE-FAMILY
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2002 11 06 CC MIN ;¢f4 º City Council Minutes November 6, 2002 Page 6
DETACHED RESIDENTIAL HOUSING DEVELOPMENT AND APPROVING THE
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT:
D.C. CORPORATION; LOCATION: 3714 Vz 3728 MAINE AVENUE; CASE NO.: DR-17).
MOTION: Mayor Pro Tern Garcia SECOND: Mayor Lozano
NOES: Coundlmember Van Cleave and Pacheco Failed
Councilmember Pacheco made a motion to refer this matter to back to staff and brought back
with modifications. Motion died for lack of a second.
PUBLIC HEARING TO CONSIDER A REQUEST FOR A ZONE CHANGE TO ALLOW THE
PLANNED DEVELOPMENT PD) OVERLAY ON THE EXISTING RG, RESIDENTIAL
GARDEN ZONE AND A DEVELOPMENT PLAN TO ALLOW THE CONSTRUCTION OF A
SIXTEEN 16) UNIT SINGLE-FAMILY DETACHED HOUSING DEVELOPMENT; CASE
NO.: Z-526 AND DR-18; LOCATION: 3722-3736 MERGED AVENUE; APPLICANT: D.C.
CORPORATION) 440-w & 4iMO)
At this point, Councilmember Gair recused herself from participation on the following matter
and continued to remain off of the council dais.
Mayor Lozano declared the public hearing OPEN for public participation.
APPLICANT
Ffdel Vargas requested that if the council takes the similar action on this matter as they did
on Item A" above, that clarification be given regarding modifications.
PROPONENTS
Marie Contreras, City Treasurer of Baldwin Park and Kathryn Tizcareno, City Clerk of
Baldwin Park spoke in support of the project.
OPPONENTS
Robert Ontiveros spoke in opposition to the project. Expressed concern with lot size. parking
and safety of neighborhood children.
There was no one else wishing to speak, therefore Mayor Lozano declared the public hearing
CLOSED.
A motion was made to refer back to staff for further consideration and reconfiguration.
MOTION: Mayor Lozano SECOND: Garcia
NOES: Pacheco Carried
At this point, a motion was made to bring back for discussion and/or action City Council
Agenda Item 2-A.
MOTION: Mayor Lozano SECOND: Garcia
NOES: Pacheco Carried
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PUBLIC HEARING TO CONSIDER A REQUEST FOR APPROVAL OF A ZONE CHANGE
TO ALLOW THE PLANNED DEVELOPMENT PD) OVERLAY ON THE EXISTING R1,
SINGLE FAMILY RESIDENTIAL ZONE AND A DEVELOPMENT PLAN TO ALLOW THE
CONSTRUCTION OF A 17 UNIT PLANNED DEVELOPMENT, PURSUANT TO SECTIONS
153.630 AND 153.271 OF THE CITY'S ZONING CODE CASE NUMBERS Z-527 AND DR-
17; LOCATION: 3714 Vi 3728 MAINE AVENUE; APPLICANT: D.C. CORPORATION)
440-60 410^0)
A motion was made to refer back to staff for further consideration and reconfiguration.
MOTION: Mayor Lozano SECOND: Garcia
NOES: Pacheco Carried
At this point, Councilmember took her place at the dais.
Councilmember Gair addressed an earlier comment by Coundlmember Pacheco, stating that
when her integrity is questioned, she is compelled to respond. She stated for the record.
that she in fact has sold her Baldwin Park property', is the owner of property in Tehachapi.
California City. Nevada, and in Arizona. She further stated that a deal point of the sale of her
Baldwin Park home of which the City Attorney has provided an opinion on) was that she be
allowed to continue her residency until such time that the property is demolished, which
would be after the expiration of her term. She ended by stating that she has every intention
of fulfilling her obligation to the people of the City of Baldwin Park and, affirmed that it is her
prerogative if she wishes to spend the weekend or days at her other properties.
REPORTS OF OFFICERS
AWARD OF CONTRACT FOR CITYWIDE LANDSCAPING SERVICES BOO-M)
After lengthy discussion, Councitmember Gair requested item be referred back to staff and
brought back at the November 20, 2002 City Council Meeting. Councilmember Pacheco
requested that additional information on the park maintenance fund be included.
MOTION: Mayor Lozano SECOND: Councilmember Pacheco Carried
COUNCIL / STAFF REQUESTS AND COMMUNICATIONS
REQUEST BY MAYOR LOZANO FOR THE DISCUSSION OF AQMD'S PROPOSED BAN
ON PERCHLOROETHYLENE, A CHEMICAL COMMONLY USED IN DRY CLEANING
After a brief discussion about assisting Baldwin Park businesses with transitioning to an
alternate cleaning product, a request was made by Councilmember Gair for a copy of
AQMD'S meeting transcript before any action is taken regarding this matter. There were no
objections.
REQUEST BY CHIEF EXECUTIVE OFFICER KELLER FOR A DISCUSSION AND ACTION
ON CHANGING THE JANUARY 1, 2003 CITY COUNCIL MEETING DATE
Due to the upcoming New Year's Day holiday schedule, a request was made that only one
1) City Council Meeting be hetd on January 15. 2003. There were no objections.
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2002 11 06 CC MIN ;¢f4 º City Council Minutes November 6, 2002 Page 8
Park Maintenance Assessment Funds Update
Mayor Lozano requested an update at the November 20, 2002, of the Park Maintenance
Assessment funds.
Dust Control on 24-Acre Site
At the request of a citizen. Mayor Pro Tern Garcia requested that efforts be made to control
the dust and soil at the 24-Acre site.
Verbatim Transcription Request Withdrawn
Mayor Pro Tern Garcia withdrew her request for a verbatim transcript of he October 16.
2002. City Council meeting minutes.
Ad Hoc Committee Meeting regarding Mining Issues
Mayor Pro Tern Garcia reported on a recent ad hoc committee meeting held with the City of
Irwindale regarding mining issues. There was an exchange of information provided
particularly background information and the current status of the various pit locations,
including those contiguous to the City of Baldwin Park. She requested the Chief Executive
Officer to prepare a brief summary of said meeting and distribute copies to the City Council.
There were no objections.
Request for testing of Council Chamber Microphones
Councilmember Van Cleave referred to the copy of the verbatim minutes he previously
requested, noting that his comments were marked inaudible". In an effort to record his
comments in the future, he requested that the microphone be checked and tested for
malfunctions. Councilmember Gair reminded Councilmember Van Cleave that his voice
projects deep and is often inaudible.
Illegal Vendors
Councilmember Pacheco commented on the number of illegal vendors that congregate at St.
John the Baptist Church. He requested staff to meet with Fr. John in an effort to assist with
removal of these vendors. There were no objections.
Neighborhood News Baldwin Park
Councilmember Pacheco referenced a newspaper titled, Neighborhood News Baldwin Park.
He inquired as to whether or not the city had given the publisher permission to print City
related material. He feels that this publication may be in contradiction to the NOW
publication. He asked that this matter be referred to the City Attorney for review and
handling. There were no objections.
Baldwin Park Parade
City Treasurer Contreras thanked Director Carrillo and staff for their efforts in coordinating the
Baldwin Park parade. She also thanked everyone who supported her husband. Alfonso
Contreras in his successful bid to the San Gabriel Vallev Water Basin Board.
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Mayor Lozano stated that he had problems accessing his city email over the weekend. He
suggested that any work that may potentially affect the Consultants analysis, be stopped.
Councilmember Pacheco requested to bring back the Request for Qualifications.
Councilmember Gair reminded Councilmember Pacheco that the council had already voted
on this matter. Director Sanchez stated that request for proposals have already been sent.
Councilmember Pacheco would like to include local businesses in the selection process.
ADJOURNMENT
There being no further matters for discussion, the meeting was adjourned at 9:08 p.m. to
Thursday, November 7, 2002, at 8:00 a.m. at Baldwin Park City Hall. Room 307. in memory
of former resident David Fraijo Morales.
Approved as corrected by the Council at their meeting held November 20. 2002. Correction
made to include the comments made by Mr. Don Huff during public communication directed
to Mayor Pro Tern Garcia.]
Rosemary MI.Ra®pK, CMC
Chief Deputy City Clerk
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