HomeMy WebLinkAbout2002 11 20 CC MIN2002 11 20 CC MIN ;¢f4 Ø COUNCIL CHAMBER
14403 E. PACIFIC AVENUE
BALDWIN PARK. CA 91706
NOVEMBER 20. 2002
WEDNESDAY
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 arrived at 7:15 p.m.). Bill Van
Cleave. Mayor Pro-Tem Marlen Garcia. and Mayor Manuel Lozano
Also Present: Kara Bouton. Assistant to the Chief Executive Officer; Arnold Alvarez-Glasman.
City Attorney arrived at 8:00 p.m.); Joanne Africa. Deputy City Attorney; Mark Kling, Chief of
Police; Jose Sanchez. Finance Director; Shafique Nayier, Public Works Director; Melecio
Picazo. Interim Community Development Director; Manny Camllo, 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
Absent/Excused: Dayle Keller, Chief Executive Officer
ANNOUNCEMENTS
Mayor Lozano requested to adjourn in memory of 16 month otd infant Eric Saavedra.
At the request of City Treasurer Contreras, Mayor Lozano requested to adjourn in memory of
Frank J. Fitzgerald, former Planning Commissioner, former of the Baldwin Park Chamber
President. Former Valley County Water District Board Member, and 1982 Baldwin Park
Citizen of the Year. Coundlmember Gair expressed sincere sympathy for the loss of this
wonderful, fun-loving individual who contributed tirelessly to the City and citizens of Baldwin
Park.
Mayor Lozano announced that a Barnes Park Improvements public input meeting would be
held on November 21. 2002 at 6:00 p.m., at the Esther Snyder Community Center. Everyone
is invited to attend.
PROCLAMATIONS, PRESENTATIONS AND COMMENDATIONS
Mayor Lozano introduced newly appointed Personnel/Risk Manager Leslie Patterson.
Certificates of Appreciation were presented to Dr. Hernandez for his participation in the
Baldwin Park Improvement District program.
PUBLIC COMMUNICATIONS
Mayor Pro Tern Garcia read a statement for the record as follows: I would like to take this
time to make a public statement in regards to what I consider potential threats and comments
of a stalker's nature against me, a woman, a single mother and an elected official. In the
course of the last three weeks, an individual bv the name of Donald A. Huff. Jr. has attended
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a number of meetings and has made public statements and comments directed solely at me,
at which he states that he will be following and watching me. As an elected official, I am
completely aware that I am always the public's eye but when the public's eye is that of a
known criminal and my personal safety and well-being, as well as that of my children, are
threatened, I am compelled to take whatever steps necessary to insure my safety, the safety
of my family, and those around me. In the last couple of weeks it has come to my attention
that Mr. Donald A. Huff. Jr., has not only a criminal background, but a violent criminal
background and I don't say this lightly ladies and gentlemen, since I have court documents
right here that are proof of this man's past criminal activities. The most recent being in April-
May of this year of which he is currently on probation and will be for the next few years. I
have made copies of these documents, which are a source of public record, and I would like
to pass them out, to share with all of you and make you aware of my strong belief that my life
and that of my children, are in definite danger. In addition. I state this because according to
these documents, Mr. Donald A. Huff has been arrested and convicted of assaulting women
and he has endangered the lives of children, his own children for that fact. What is more
disturbing is the fact that the women that he has assaulted are his common-law wives or the
mother of his children, the present common-law wife included. These are people that if you
stop and think, are ones that he should be loving and protecting, not battering and assaulting.
If he is committing these crimes against the closest people in his life, where would that leave
me and my children? I am nothing to this man an easy target to eliminate at his hostile
whim. As a city that has a zero tolerance for domestic violence and especially any and all
violence against women and children, I am appalled that a certain member of this City
Council. Mr. Ricardo Pacheco, has been encouraging and prompting Mr. Huff to continue
with his threatening and stalking activities. I will personally hold this individual fully
accountable for any harm that may be done upon me and my children by Mr. Huff and for
aiding and abetting a known hostile and violent criminal. I want you all to know that I have
not and will not take these threats lightly. I have implemented safety measures, not only in
my home. but whenever I am out in public. Because I fear for my life, I will move forward with
seeking a restraining order against Mr. Huff in an effort to bring a sense of safety and security
to my, my children and those around me. Another safety measure, and one that I believe is
of utmost importance, is to tell as many people as possible, of my impending situation, and
the more people who know about this man and his potential for committing a crime against
women and children, the safer this city and community will be against the monsters of
society. Thank you.
Councilmember Pacheco arrived at 7:15 p.m.
Councilmember Pacheco spoke in regards to Mid Valley Consortium. He stated that he is
quite disturbed at the number of articles that have been published in the San Gabriel Valley
Tribune. He made reference to the editorial article of today, stating, that in his opinion, that
the writers, reporters and some of the board members that are on the consortium could be
described as inept especially because these individuals have no knowledge of the history of
the Consortium. These individuals have not attended many consortium meetings, reviewed
the minutes, or have not done any type of background investigation and yet, the only review
that comes out is that of two board members that are making up a story that is scape-goating
and has resulted in the loss of a very important organization in our community, one that
would have provided jobs for the residents of our city. He further stated that because the two
new board members did not have the knowledge and ability to maintain that organization, it
was ultimately taken away from us. The County has now taken over this is very unfortunate
that this was allowed to haooen to us. Had the media aone out conducted an investiaation.
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they would have seen what actually happened at the consortium. They would have found
that once the new board members came in, there was a power-grab that took place. If the
media had gone to the first meeting that Councilwoman Garcia was holding, they would have
found that said meeting was held in violation of the brown act, and I have for the record here.
the first agenda that was written out and if you look at the agenda, you will see a number of
items on there that would indicate that she. number one, wanted to immediately remove the
interim director who she had not even known or had any knowledge of her abilities or what
her capabilities were and immediately moved to put that matter on the agenda for removal
and discussion of that when she hadn't even gone for her first board meeting. Of course. I
think that is why a number of employees at the consortium were very concerned. Of course
that meeting didn't take place because the attorney of the consortium said that it was in
violation of the brown act and it didn't take place. But she then decided to go along with staff
and work with staff to be able to do the next meeting and it was a special meeting that was
held property and at that meeting she again put a number of items that were showing
indication that she wanted to immediately begin to remove staff. Of course had a number of
items on there to change some of the policies so that she was going to be able to even hire
the lowest person as far as the janitor of the organization. When you change that kind of
policy we don't have the policy here on the City Council. We're not in charge of hiring lower
end staff or anybody else at that level because it would then bring upon a lot of liability I think
for this council so we have director's that we deal with that do a lot of that hiring but
Councilwoman Garcia wanted to take on those responsibilities on her own and I think that
was wrong and I think that what occurred after that meeting was because it was improperly
noted to remove the director, it couldn't take place that night, she immediately became
infuriated my understanding is that she continued to go there and a number of workers that
were there began to complain about her presence there micro-managing the staff which
eventually end up to a number of staff members resigning from the Mid Valley Consortium
and at that point the county came and began to try to look into a number of the issues that
were going on at the consortium. Of course because there was no key staff to explain the
finances and to explain the management policies that were going on there, when the County
began to take a look at it. it became to look like there was caos there and therefore, after a
couple of weeks the county decided to come in and take over the consortium and I think
that's unfortunate and I am very bothered by that and very disturbed that that has taken
place. I know that during the time that I was Chairman there I had to work very hard with a lot
of the staff members there. I worked very hard with the county and with our attorney to make
sure that a number of the issues that were taking place were resolved and a number of
articles came out in the newspaper about those issues that we were resolving and
unfortunately the county today is now trying to scapegoat this whole issue that's going on and
looking for an avenue someone to blame and the board members have failed to maintain
this organization open for our community and I think that's sad I think its unfortunate that
we have board members in there that were inept, that weren't able to sustain this
organization and to keep aboard the local elected officials on there that would be able to be
able to address the issues that we have here. Some of the allegations that were being made
is that there was friends being hired on there and family and I have here for the record, the
list I giving that one to the City Clerk it's a list of all the employees that were there at the
consortium with their extensions and none of these are personally my friends or family
members. Conrad Magdaleno is one that Councilmember Garcia kept pointing out as my
friend but he is also a mutual friend of many of the Coundlmembers that are here on this
board but anybody can feel free to call these individuals to see if they are related to me.
None of them are related to me. I have one brother who works for an Insurance Agency not
in this area. Mv sister haooens to work as a court reoorter for the Countv and mv other sister
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works for JPL so I have no family members as the accusations are being stated here on the
record that the newspapers are reporting. There was some indication of a slush fund. Well
you know what. is there is a slush fund then I think that should be reported to the District
Attorney and I think the District Attorney should get involved and whatever information you
have on that slush fund then that should be brought forth and let them do whatever
investigation that is needed and let those people be held accountable for opening those kinds
of funds. But I think what is really happening is that a lot of people don't have the proper
information, a lot of the staff has quit, a lot have resigned and because of that the county cant
really figure out what's going on and has stated in the paper from the county, is that they
couldn't figure out and there's a quote there that states that they couldn't figure out because a
lot of the key players or a lot of the key employees weren't available to give the kind of
information that was needed so you know. I am very saddened that this has taken place and
very saddened that the board members who were able to storm their way as board members
of the consortium have failed to sustain it and have failed to maintain it open. Thank you
Mayor.
CONSENT CALENDAR APPROVED
Mayor Lozano requested that the following item be removed from the Consent Calendar for
discussion:
1) Item 1-L APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT
WITH SYLVIA SCHARF FOR CONSULTING SERVICES WITHIN THE
PLANNING DIVISION BOO-SO)
Mayor Pro Tern Garcia requested that the following item be removed from the Consent
Calendar for discussion:
1) Item 1"A MINUTES NOVEMBER 6. 2002 STUDY AND REGULAR
SESSION)
2) Item 1-F APPROVAL OF PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO ADVERTISE AND SOLICIT BIDS FOR THE
INSTALLATION OF PLAY EQUIPMENT AT THE DAY CARE CENTER
A motion was made approve Consent Calendar Item Nos. A-M with the exception of item A.
F and L) as presented, and as follows:
MOTION: Councilmember Gair SECOND: Mayor Pro Tern Garcia Carried
CLAIMS AND DEMANDS 3oo-30)
Further reading was waived, read by title onty and Resolution No. 2002-105 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).
TREASURER'S REPORT FOR THE MONTH OF OCTOBER 2002 320-20)
Report was received and filed.
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CLAIM REJECTION GILDARDO GARCIA III 01 016A) ITO-TO)
The City Council rejected the claim of Gildardo Garcia III 01 016A) and directed staff to send
the appropriate notice of rejection to claimant.
RESOLUTION ADOPTING VACATION OF GARVEY AVENUE LOCATED BETWEEN BIG
DALTON AVENUE AND MERGED AVENUE. V1-2002 AND SET DATE FOR PUBLIC
HEARING 67<MO)
Further reading was waived, read by title only and Resolution No. 2002-103 entitled. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK. CALIFORNIA.
DECLARING ITS INTENTION TO VACATE A PORTION OF STREET RIGHT-OF-WAY ON
GARVEY AVENUE BETWEEN BIG DALTON AVENUE AND MERGED AVENUE. PROJECT
V1-2002," was adopted. Authorized the scheduling of a public hearing on January 15. 2003,
which will allow sufficient time for proper notification.
AWARD OF CONTRACT FOR THE INSTALLATION OF TRAFFIC SIGNALS AT RAMONA
BOULEVARD AND MONTEREY AVENUE AND BALDWIN PARK BOULEVARD AND
CALAIS STREET, CIP 881 AND CIP 882 BOO^O)
The City Council awarded the contract to L.A. Signal in the amount of $141,975 for the
installation of traffic signals at Ramona Boulevard and Monterey Avenue and Baldwin Park
Boulevard and Calais Street, CIP 881 & 882; 2) Authorize the Mayor to execute the
Agreement; 3) Authorize the Crty Clerk to process the Agreement; and 4) Authorize the
Director of Public Works to execute any necessary change orders in an amount not to exceed
ten percent 10%) of the original contract amount.
ANNUAL STATEMENT OF INVESTMENT POLICY 320-10)
Report was received and filed.
AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE 2002-03 CDBG SIDEWALK
PROJECT. CIP 863 SOO-M)
The City Council awarded the contract to Gentry Brothers, Inc.. in the amount of $116.066.20
for the Construction of the 2002-03 CDBG Sidewalk Project, CIP 863. Authorized the Mayor
to execute the Agreement. Authorized the Director of Public Works to execute any necessary
change orders in an amount not to exceed ten percent 10%) of the original contract amount.
SALARY RESOLUTION AMENDING BASIC SALARY PLAN FOR THE EMPLOYEES OF
THE CITY OF BALDWIN PARK 700-20)
Further reading was waived, read by title only and Resolution No. 2002-107 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING
RESOLUTION 2002-102 A BASIC SALARY PLAN FOR THE EMPLOYEES OP THE CITY
OF BALDWIN PARK Director of Recreation and Community Services)." was adopted.
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AMENDMENT TO THE JOINT POWERS AGREEMENT WITH INDEPENDENT CITIES
LEASE FINANCING AUTHORITY ICLFA) 600-30)
The City Council approved Amendment No. 3 to the Joint Powers Agreement with
Independent Cities Lease Financing Authority ICLFA) and authorized the Mayor to execute
the Agreement. Further reading was waived, read by title only and Resolution No. 2002-106
entitled. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
APPROVING AMENDMENT NO. 3 TO THE JOINT POWERS AGREEMENT CREATING
THE INDEPENDENT CITIES LEASE FINANCE AUTHORITY AND PROVIDING OTHER
MATTERS PROPERLY RELATING THERETO." was adopted.
APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE
AND SOLICIT BIDS FOR THE INSTALLATION OF A LIGHTING SYSTEM AT BASEBALL
LITTLE LEAGUE FIELDS, CIP 724 600-30»
The City Council approved the plans and specifications and authorized staff to solicit bids for
the construction phase of this project.
CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION
MINUTES 6i(MO)
The minutes of November 6, 2002 Study & Regular), were approved as presented.
A motion was made to correct the minutes to include the comments directed to Mayor Pro
Tern Garcia by Donald A. Huff.
MOTION: Mayor Pro Tern Garcia SECOND: Councilmember Gair Carried
APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE
AND SOLICIT BIDS FOR THE INSTALLATION OF PLAY EQUIPMENT AT THE DAY
CARE CENTER BOO-SO)
In response to an inquiry by Mayor Pro Tern Garcia, regarding the location of the day care
center Director Carrillo advised that it is specifically for the day care center in the Boys and
Girls Club.
A motion was made to approve the plans and specifications and authorize staff to solicit bids
for the installation of play equipment and authorize the City Clerk to advertise said project.
MOTION: Mayor Pro Tern Garcia SECOND: Councilmember Gair Carried
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH SYLVIA SCHARF
FOR CONSULTING SERVICES WITHIN THE PLANNING DIVISION QOO^)}
A motion was made to withdraw this matter from the agenda and direct staff to bring back a
new Agreement at the December 4. 2002 meeting. Garcia/Van Cteave
MOTION: Mayor Pro Tern Garcia SECOND: Councilmember Van Cleave Carried
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PUBLIC HEARING
PUBLIC HEARING FOR USE OF THE 2002 LOCAL LAW ENFORCEMENT BLOCK
GRANT LLEBG) FUNDS 390-35)
Chief Kling presented the Report as follows:
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.
A motion was made to authorize staff to continue with the LLEBG process.
MOTION: Councilmember Gair SECOND: Councilmember Van Cleave Carried
PUBLIC HEARING REQUESTING APPROVAL OF A COMPREHENSIVE GENERAL PLAN
UPDATE AND ADOPTION OF A CITYWIDE ENVIRONMENTAL IMPACT REPORT; CASE
NO.: AGP-104; LOCATION: CITYWIDE; APPLICANTS: CITY OF BALDWIN PARK 420-25)
The comprehensive General Plan Update began in late 1997. At that time staff was directed
to begin the process in an effort to update the existing General Plan, which was adopted in
1989.
A diverse community of over 75,000 residents and an employment base of over 18,000 jobs
makes up this 6.8 square mile city. As Baldwin Park moves into the 21st century, the City is
committed to developing a long-range plan which capitalizes on the physical, economic and
human resources in the City. The proposed General Plan Update has responded to several
key planning issues facing the Crty which include:
1) How can the City create a distinct, economically viable downtown area
which also serves as the heart* of the City; and
2) How can the City attract businesses which would benefit from the
motorists traveling along the 1-10 Freeway; and
3) Since the City's building stock is aging, how can the City promote
reinvestment and revitalization; and
4) How can the City meet the ever increasing demand to provide additional
housing to support regional population growth; and
5) Does the locat circulation system require adjustments in response to any
land use changes to ensure that residents and the business community
can travel within and through the City safely and efficiently; and
6) How can the City enhance its community identity and strengthen its
sense of place within the San Gabriel Valley?
The General Plan is a long-range planning document that serves as a guide for the physical
development of a community. Although the City's boundary limits include 4.337 acres, there
are an additional 344 acres within the City's sphere of influence. The City may plan for these
lands that are under another City's or County's jurisdiction but which may influence the
decisions and planning activities within the City's boundaries reference page 1-3 of the
attached Draft General Plan).
Consistent with State Law, the General Plan Update addresses the seven 7) required
elements fLand Use. Housina. Circulation. Conservation. Ooen Soace. Noise, and Public
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Safety) in addition to three 3) optional elements Urban Design, Economic Development and
Air Quality). On a side note, the Housing Element has already been adopted November
2001) because of the impending state deadline.] In addition, the General Plan also contains
a Glossary and an Implementation Plan. Although the Implementation Plan is contained
within the General Plan. it is adopted separately and identifies specific actions the City wilt
undertake to implement the goals and policies contained within the elements. Each year the
City should review its Implementation Plan so that adjustments may be made based on
refocused priorities, budget constraints, new opportunities, or a change in the physical
condition of the City i.e. occurrence of a natural disaster).
There are several supporting documents, which were produced during the General Plan
Update process, including the technical reports and the Environmental Impact Report EIR).
Technical reports include background data, which is necessary for the identification of issues
and responding goals and policies. This information is separate from the General Plan in that
the reports will become outdated as conditions change. Furthermore, by separating the two
documents, updating the technical reports will not require a General Plan Amendment. The
EIR analyzes any potential environmental impacts associated with the development of
Baldwin Park in accordance with the land use policies and implementation of the General
Plan.
Each element except the Housing Element) is organized into three separate divisions,
Introduction to the Element; Issues, Goals and Policies; and the Plan. The Introduction
contains discussion of each element's purpose, scope and content and describes related
plans and programs. The Issues, Goals and Policies section covers three 3) broad areas; 1)
Issues which are a description of the opportunities, constraints and/or concerns; 2) Goals,
which are broad overall statements of community desires; and 3) Policies, which serve as
guides to the Council, Planning Commission and City staff in reviewing development
proposals that affect future development of Baldwin Park. The Plan section provides an
overview of the course of action to implement the goals and policies contained in the General
Plan.
COMMUNITY PARTICIPATION
Extensive citizen input was solicited and represents an integral part of the General Plan
participation process. Representatives from not only the residential community but also the
businesses community contributed their thoughts, insights and visions, which helped, develop
the goals and policies contained in the Plan.
A General Plan Vision Committee was formed with representatives from the Council, various
City Commissions, residents and local business leaders. This committee met several times
and eventually recommended a preferred Plan to the City's decision makers, which included
goals and policies.
Approximately 27,000 Community Needs Assessment Surveys were distributed which
solicited input regarding the major concerns facing the community which would help focus on
key issues to be addressed in the General Plan.
Focus Group meetings were also held with key segments Business Workers & Owners.
Single-female Heads of Households. Youth and Social Service Providers) of the community
to obtain incut of the soecial needs from the resoective orouos.
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Three 3) community workshops were held throughout the process, which focused on an
informational session, discussion of land use alternatives, and a presentation of the draft plan
and the solicitation of input on the plan.
Finally, the draft plan was circulated throughout the community and available for comment
before and during the public hearings at the Planning Commission and City Council levels.
DISCUSSION
As stated previously, the General Plan is subdivided into several different elements. In this
section, the report will focus on the key components in each element.
LAND USE
The Land Use Element identifies how land will be utilized in the future for housing, public
facilities, commercial centers and industrial businesses. Broad range goats which impact
development city-wide include maintaining a balanced mix and distribution of land uses.
accommodate development which is compatible with existing, conforming land uses, and
provide for the revitalization of deteriorating land uses.
In the land use element, fifteen focus areas were identified reference the map on page LU-
10) as key opportunity areas for commercial and industrial development. These areas
represent locations where long-term change and improvement are desired. However, there
are only five areas where significant change is proposed which are discussed below:
1) Northern Industrial Corridor along Arrow Highway
Arrow Highway is a major thoroughfare along the northern most border of the
Crty that also serves as a gateway to the City of Baldwin Park. Because of the
significant number of vehicles traveling this thoroughfare, this presents an
opportunity for visitor-serving commercial uses. Changes include a land use
redesignation of the properties within this area from General Manufacturing to
Commercial/Industrial that would allow for commercial/retail uses to locate
along this corridor and capitalize on the vehicles traveling along Arrow Highway.
2) North Maine Avenue Corridor
Because Maine Avenue is significant north-south thoroughfare through the City,
this area has the opportunity for development around two 2) major public
facilities the Performing Arts Center and the Baldwin Park Continuing Education
Center. A key change for this area is the proposed creation of a mixed-use
district, which would provide complimentary uses around the public facilities
such as housing, bookstores, coffeehouses and restaurants.
3) Auction Village
The main challenge for this area is the lack of a standard circulation system
which as a result poses considerable constraints to any significant industrial
exoansion. Desoite the ooor circulation, this is an area that could oresent
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opportunities for site assembly to facilitate the transition into an office park
environment.
4) Downtown/Metrolink Area
This area is considered by many to be the heart of the City and through the
General Plan seeks to increase the economic vitality and aesthetic character of
this district through development regulations, public improvements and street
design which build upon livable communities principles and techniques. The
Downtown Master Plan is one of the first steps in reaching these proposed
goals and policies.
5) Southside of West Ramona Boulevard between downtown and
the 1-605 Freeway
Although there is a mix of commercial and residential uses within this area, the goal
for this area is to transition the aging or underutilized properties to residential uses
and to concentrate the commercial uses closer to the freeway or downtown.
Although the goals and policies contained in the General Plan may seem drastic, they only
take into consideration the advantages and disadvantages of the development patterns seen
throughout the City. Keep in mind that these are long-range goals and policies intended to
create and maintain compatible development based upon the positive aspects of the
established land use patterns.
URBAN DESIGN ELEMENT
This element addresses the visual and aesthetic quality of development. This element
identifies several different districts within the City and addresses each with their own
respective goal(s) and policies.
1) Gateway entrances i.e. Ramona Blvd. and 1-605, Maine Avenue
Arrow Highway, etc...) should be enhanced.
2) A positive image should be established along the San Bemardino
Freeway Corridor.
3) Downtown should be established as a pedestrian-friendly environment.
This is being addressed as part of the Master Plan process.
General goals include enhancing the aesthetic quality of development, promoting urban
forestry concepts and enhancing the individual neighborhoods within the City.
ECONOMIC DEVELOPMENT ELEMENT
The formulation of this element was based upon an extensive analysis of historic conditions.
opportunities and constraints within Baldwin Park. Primary attention in this element is given
to four 4) broad areas, Northern Industrial Area, Central Business District. Auction Village.
and the 1-10 Freeway Corridor.
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In addition to the specific goals for the four 4) broader areas noted above, there are several
goals within this element that are relatively general in scope and apply crtywide. Those
include, encouraging and facilitating activities that expand the City's revenue base and
increase taxable sales, engaging in activities that promote Baldwin Park as a good place to
work and/or run a business, and implementing public service and infrastructure
improvements to create an environment attractive to residents and businesses.
CIRCULATION ELEMENT
Because the City's circulation system is established, the goals provided for in the element are
general in nature. Goals include, encouraging increased use of public transportation,
accommodating alternative modes of transportation in transportation and land use planning.
protecting residential neighborhoods from through traffic associated with nonresidential uses.
and ensuring that adequate parking is provided to meet existing and future demands. The
Public Works Department may want to consider adopting a Street Master Plan, which could
identify all existing and future public streets. Any proposed Street Master Plan shall be
consistent with the City's adopted General Plan.
In addition to the City's own internal circulation issues, we also need to work closely with
CalTrans to improve the freeway corridor and with the Metropolitan Transportation Authority
MTA) and the South Coast Air Quality Management District AQMD) to increase the use of
mass transit.
PUBLIC SAFETY ELEMENT
Not only does this element address public safety in the traditional sense, but it also discusses
other hazards such as man-made, seismic, geologic and flood. Although man-made hazards
can be mostly avoided with proper education natural hazards cannot. Discussed in this
element are policies that when implemented will prepare the City to the best of its ability.
deal with any future hazard. Policies include periodic evaluation of service levels and
working in corporation with the various outside agencies which may assist in the event of an
emergency.
OPEN SPACE & CONSERVATION ELEMENT
It is common knowledge that the City of Baldwin Park has limited parks and open space
resources. This element focuses on managing the existing recreational facilities and the
preservation of natural and historic resources. Goals for open space include providing a
diverse cross-section of recreational programs to meet the needs of all individuals and
groups in Baldwin Park, ensuring that parks are safe for their users and compatible with
adjacent residential and commercial uses and ensuring that the costs of parks and recreation
facilities and programs are borne by those who benefit and contribute to the additional
demands.
Natural resources are precious and must be conserved and protected. Conservation through
education is the focus of the goals and policies discussed in this part of the element and
include promoting the use of native, drought tolerant plants in landscaping, encouraging
proper disposal of hazardous waste, and continuing National Pollution Discharge Elimination
System NPDES) enforcement.
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City Council Minutes November 20, 2002 Page 13
1) Land Use and Planning
2) Population and Housing
3) Noise
4) Utilities and Service Systems except solid waste)
5) Mineral Resources
6) Geology/Soils
As a side note, during the comment period, information received from the Division of Mines
and Geology has indicated that both Geology/Soils and Mineral Resources could be
potentially impacted by the project. These concerns have been subsequently addressed in
the EIR.
Some of the numerous benefits resulting from the project implementation include the
retention of existing industrial businesses, creation of opportunities for new multi-family
housing development, improvements to the local street system, protection of residents and
employees from natural and man-made hazards and the gradual elimination of non-
conforming uses in commercial, industrial and residential areas.
AFTER ADOPTION OF THE GENERAL PLAN
After Council adoption of the General Plan, staff will be working on a comprehensive update
of the City's Zoning Code in conjunction with an update of the City's Zoning Map. It is
anticipated that this process will take between nine and twelve months. Any proposed
changes will be brought before the Planning Commission for consideration, and then
ultimately sent to the City Council.
PLANNING COMMISSION
At their October 9, 2002 Planning Commission meeting, the Commission adopted Resolution
02-21(5-0) recommending that the City Council:
1) Adopt the Environmental Impact Report; and
2) Adopt the Statement of Overriding Considerations; and
3) Adopt a Resolution approving the comprehensive General Plan Update.
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-
Each member of the City Council expressed their enthusiasm of receiving this presentation,
noting that its delivery was long awaited. They commended Principal Planner Harbin and
expressed appreciation to the Planning staff and the consultant for their diligent work on this
project.
A motion was made to waive further reading, read by title only and adopt Resolution No.
2002-104 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK APPROVING A COMPREHENSIVE GENERAL PLAN AMENDMENT. ADOPTING
THE FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS AND
CERTIFYING THE ENVIRONMENTAL IMPACT REPORT APPLICANT: CITY OF BALDWIN
PARK; LOCATION CITYWIDE; CASE NO.: AGP-104."
MOTION: Councilmember Gair SECOND: Coundlmember Van Cleave Carried
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REPORTS OF OFFICERS
APPROVAL OF A CONSULTANT SERVICES AGREEMENT FOR UPDATING THE CITY'S
ZONING CODE AND DESIGN GUIDELINES COTTON/BRIDGES & ASSOCIATES COG-SO)
A motion was made to approve a Consultant Services Agreement with the Cotton/Bridges &
Associates in an amount not to exceed $140,587 for updating of City's Zoning Code and
Design Guidelines. The Mayor was authorized to execute the Agreement.
MOTION: Mayor Pro Tern Garcia SECOND: CouncilmemberGair
NOES: Councilmember Van Cleave and Pacheco Carried
STATUS OF PARK MAINTENANCE ASSESSMENT DISTRICT FUNDS ww}
Director Sanchez presented the report as follows: At the November 6. 2002 City Council
meeting the Council requested a preliminary status report on the Park Maintenance
Assessment Fund.
As the Council may recall, during the budget study session on June 26, 2002. staff provided a
detailed analysis of the impact the disapproval of the proposed increase in the park
maintenance assessment rate was expected to have on the Park Maintenance Assessment
District budget for fiscal year 2002-2003. A copy of the staff report dated July 2. 2002, and
supporting schedules are attached to this report for the Council^ information and further
review.
As a result of the disapproved increase in the assessment rate by the property owners and
the elimination of the estimated additional revenue approximately $498.000) to the
Assessment Fund. the Council directed staff to prepare and submit a balanced budget within
the existing revenue base $1.003.000) for the Park Maintenance Assessment District Fund
for the fiscal year 2002-2003. This resulted in reducing the proposed budget in the amount of
$140.639.
The reductions were made primarily in the Contractual Services account. Material and
Supplies account and the re-allocation of salaries and benefits. The specific amounts by
category are shown in Attachment 1" of this report.
As mentioned in the July 2, 2002 staff report first page), the Public Works Director and staff
cautioned that these reductions may impact on the maintenance of facilities in the areas of
janitorial services, pest control, painting, moving of fields, trimming of trees and annual
routine maintenance.
STATUS AS OF OCTOBER 31. 2002:
As of the October 31. 2002 expenditure report for the Park Maintenance Assessment District
Fund Attachment 2- Expenditure Report by Fund) the available balance indicates, adjusting
for encumbrances, that 65% of the budget remains available through June 30, 2003. October
represents one-third of the fiscal year completed or 33%. Based on this data it would appear
sufficient funds are available to fund the operating cost for the remainder of the fiscal year.
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However, the Park Maintenance Assessment District Fund has been placed on budget
watch" to avoid budget over-runs. Purchase Orders to encumber funds for contracted
services and other operating supplies have been issued quarterly, based on the budgeted
amounts in the respective line items, as opposed to Annual Purchase Orders" which is
commonly the practice. The Public Works Department has indicated the expenditures to
maintain the facilities, in certain line items, are exceeding the purchase orders issued.
The reductions in the amount of $140.639, identified in Attachment 1, to balance the Park
Maintenance Assessment District budget have been made. All the reductions were absorbed
within the reduced budget with the exception of the costs for the contractual services to
maintain the sports fields, $30.000 Shyre Park and the Little League fields) and the janitorial
services at the Community Center and other park locations. $73.000.
Staff has determined that the cost of maintaining the Little League fields estimated at
$20.000) is eligible to be funded by Proposition A-Park Grant funds. These costs will be re-
allocated to the grant funds. The maintenance of Shyre Park cannot be funded through grant
funds.
Currently the Public Works Department is in the process of recommending the award of the
landscaping maintenance contract. Current bids are approximately $32,000 more than the
last contract due to the inclusion of Shyre Park and the Lrttle League fields. As mentioned
above, the contract cost for maintaining the Little League fields will be funded by Proposition
A-Grant funds.
Staff is reviewing other park maintenance areas, currently funded by the Park Maintenance
Assessment Fund that may be eligible for Proposition A-Park Grant funding. Once identified.
this cost can be re-allocated to reduce the expenditures in the Park Maintenance Assessment
District fund and generate sufficient savings to fund the contractual services to maintain
Shyre Park. Until then, the City is required to maintain Shyre Park with City funds.
Public Works. Facilities Maintenance Division, indicates that in order to continue to provide
janitorial services to maintain the Community Center and other park locations, additional
funding of approximately $73.000, will be required.
It should also be noted that the City will be conducting a Personnel Audit of various divisions
by an independent consultant. Part of the study will include staffing levels and operating
efficiencies. The Park Maintenance Assessment District operations are included in the study.
FUND BALANCE:
The projected cash fund balance for the Park Maintenance Assessment District as of June
30, 2003. is a deficit of $(1.157,195).
It is anticipated that the cash deficit will be reduced by the reimbursement of expenditures
incurred by the Park Maintenance Assessment District, over the past two fiscal years for
operating, maintenance and improvement costs, from Proposition A State Grant Funds in the
amount of approximately $450,000. The reimbursement claim forms are currently being
processed.
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This would reduce the deficit to approximately $(710,000) at the end of the fiscal year June
30.2003.
Staffs recommendation is that the remaining deficit be addressed over the next two fiscal
years by a combination of increasing the General Fund subsidy, new grant funding and/or
new revenue sources.
These comments and recommendations were previously reported to the Council in the
attached July 2, 2002 report.
CONCLUSION:
At the direction of the City Council, this report is intended to provide a preliminary status
report on the Park Maintenance Assessment District Fund and its financial condition.
Based on current estimates, additional funding is required in the amount of $73,000 to
provide janitorial services, at the Community Center and other park facilities, at the current
level of maintenance.
A more detailed comprehensive status report is to be provided to the Council during the mid-
year budget review in late January 2003.
As mentioned earlier in this report, the Park Maintenance Assessment District is being closely
monitored to avoid cost over-runs and control expenditures.
Upon question by Councilmember Pacheco, Director Naiyer confirmed that the reductions in
an amount of $140,000, identified on Attachment #1 of the staff report have been taken out.
He asked what effect, with respect to the quality of service of the landscape medians, will
these reductions have on those services. Director Naiyer explained that the reductions will
impact the level of service a great deal. He further explained that the cuts were required in
order to balance the budget.
Councilmember Gair stated that it is obvious that there are not sufficient Park Assessment
funds available to offset the costs of maintenance of certain facilities. Unfortunately, the
voter's did not approve the increase and as a result, this council now has to make a decision
on the level of service it continues to provide to maintain certain facilities. She stated that
something needs to be done. and suggested that consideration be given to give up the rights
to Shyre park which would in return, relieve the city of the costs involved for its maintenance.
A motion was made to receive and file the report as presented.
MOTION: Councilmember Gair SECOND: Mayor Pro Tern Garcia Carried
AWARD OF CONTRACT FOR CITYWIDE LANDSCAPING SERVICES BOO^O)
Continued from November 6. 2002 City Council Meeting)
Councilmember Gair thanked Director Naiyer for bringing this report back with the requested
modifications.
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A motion was made to award the contract to Mariposa Horticultural Enterprises. Inc., in the
amount of $113,679 per year which includes appropriation of $20,000 from Prop A" Park
grant funds for the Little League field maintenance. The Finance Director was authorized to
appropriate said funds. The Mayor was authorized to execute the Agreement. The Director
of Public Works was authorized to execute any necessary change orders in an amount not to
exceed ten percent 10%) of the original contract amount.
MOTION: Councilmember Gair SECOND: CouncilmemberVan Cleave Carried
ORDINANCE AMENDING SECTION 122 OF THE BALDWIN PARK MUNICIPAL CODE TO
PROVIDE FOR SAFER VENDING FROM VEHICLES SWMI)
Mayor Pro Tern Garcia stated for the record, she strongly believes that these ice cream
vendors should be banned. Mayor Lozano agreed with Mayor Pro Tern Garcia.
Councilmember Pacheco feels that there should be stronger requirements. In his opinion.
the ordinance as written is merely to slow down the vehicles. He suggested requested that
perhaps a program be created to implement safe zones" which would be a pre-determined,
authorized stopping zone, similar to that of a bus stop.
Councilmember Gair feels that the ordinance as written, is unenforceable and feels that
vehicles are violating existing codes such as. loud music even when stationary). This is an
example of a type of violation that is unenforceable. Designating certain streets is
unenforceable. These types of violations can not be caught not by Code Enforcement or
the Police Department.
Mayor Lozano requested an analysis of the annual fees charged to the vendors. A motion
was made to refer this matter to staff and bring back for council review.
MOTION: Mayor Lozano SECOND: CouncilmemberVan Cleave Carried
APPROVAL OF DEPARTMENT REQUESTS FOR PERSONNEL RECLASSIFICATIONS
700-20)
Councilmember Pacheco requested that matter be brought back at the mid-year review.
A motion was made to authorize staff to implement the recommended staffing
reclassifications.
MOTION: Mayor Lozano SECOND: Mayor Pro Tern Garcia
NOES: Councilmembers Ricardo Pacheco and Bill Van Cleave Carried
COUNCIL / STAFF REQUESTS AND COMMUNICATIONS
Councilmember Gair reported that she recently attended an Independent Cities Risk
Management meeting wrth Personnel Risk Manager Patterson and Director Sanchez. She
stated that discussion was held regarding a joint powers Agreement with ICRMA similar to
that of the liability Agreement for workers compensation. The new administrators have
brought forth a comprehensive proposal which stands to save several thousands of dollars to
cities who become member participants of this pool. She requested that a resolution be
brought back at the December 18. 2002, Council meeting. There were no objections.
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In response to an inquiry by Coundlmember Gair, Director Naiyer stated that the City of
Irwindale's Arrow Highway project will include improvements from curb to curb.
Councilmember Van Cleave expressed concern with the traffic in the vicinity of Baldwin Park
Boulevard and Frandsquito. He spoke particularly about the traffic near school buses and
feels that the signs stick out too far and also, that existing trees block crosswalk signs.
Mayor Pro Tern Garcia stated that she had been contacted by Foothill Transit Director Julie
Austin regarding the availability of property for commuter vehicle parking. It was agreed by
the Council, that at this time, there is no available property that would suit the needs for this
type of use.
Mayor Pro Tern Garcia submitted for the record, a copy of a tetter she received from Josie
Marquez. Assistant Director of the Community and Senior Health Center, regarding the
recent findings at the Mid San Gabriel Valley Consortium by the County of Los Angeles. Said
findings are identified in the letter which is available for review in the Office of the City Clerk.
She also referred to a prior comment made by Councilmember Pacheco, stating that at no
time was there a meeting hetd in violation of the Brown Act. What actually happened is that
Interim Director Hara failed to follow directions and did not post the notice according to law.
Councilmember Gair expressed sadness to see what has transpired at the Consortium. She
acknowledged Mayor Pro Tern Garcia for taking personal vacation time off to be at the
Consortium. She further stated that at the end of the day, the County's decision to take back
control of the consortium, is the right thing to do.
Councilmember Pacheco stated for the record, that the meeting he was talking about that
was in violation of the Brown Act was not held because the consortium attorney said that it
was a violation of the Brown Act. He also submitted a copy of an agenda, which listed the
removal of the Interim Director.
Mayor Lozano referred to a child fingerprint program sponsored by Senator Gloria Romero.
He suggested that the City of Baldwin Park implement a similar program and insure that
every child residing in the City is fingerprinted.
Mayor Pro Tern Garcia stated that she has received calls, of somewhat a disturbing nature.
indicating that certain groups have not provided an accounting to their respective
membership. She requested to receive information on the non-profit groups who participated
in the firework sales. There were no objections.
Mayor Pro Tern Garcia is once again requesting that copies of the Recreation and
Community Services Commission meeting minutes be distributed to each of the
Councilmembers. There were no objections.
Mayor Pro Tern Garcia thanked the Shopping Center Committee staff members for their hard
noting that this committee is moving at a rapid pace. She further stated that Mayor Lozano
has taken interest in this committee and is requesting that the matter of representative
appointees be brought back at the next council meeting. There were no objections.
Councilmember Gair stated that the quality of work on the storm drain improvements on
Maine Avenue is unacceptable. Director Naiyer stated that this will be handled immediately
by the contractor.
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Mayor Lozano introduced and welcomed newly appointed Community Development Director
Susan Evans.
Councilmember Gair commented on the number of new department directors and requested
to have the directors profiled in the NOW publications. There were no objections. Staff
advised that the first director will be profiled in the January issue of the NOW.
Assistant to the Chief Executive Officer Bouton invited the City Council to attend Good
Morning Baldwin Park, Thursday, November 21, 2002 at 8:00 a.m. in the Council Chambers.
ADJOURNMENT
There being no further matters for discussion, the meeting was adjourned at 8:40 p.m., in
memory of Eric Saavedra and Frank J. Fitzgerald.
Approved by the Council at their meeting held December 18, 2002.
Rosemary M. Rahwezr^MC^
Chief Deputy City 6lerR
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NOISE ELEMENT
The noise issues in Baldwin Park relate to land use planning, transportation i.e. MetroLink)
and non-transportation construction and property maintenance). Noise mitigation starts
with good land use planning. This includes locating non-sensitive land uses such a truck
terminal away from sensitive land uses such as single-family residential uses. In the future
during the Zoning Code Update, it is anticipated that the Cit/s Noise Ordinance will be
evaluated and possibly modified to be consistent with the goals and policies in this element.
AIR QUALITY ELEMENT
Since air quality is a regional issue and not a local one. this element addresses issues
confronting the community. Even though the State of California has not yet made air quality
a mandatory general plan element, the Element needs to be compatible with the local Air
Quality Management Plan, which was adopted by the South Coast Air Quality Management
District.
Through land use planning, the amount of air pollution has the potential to be reduced. This
includes higher density housing in close proximity to the MetroLink Station, fostering a
pedestrian friendly environment, monitoring the City's shuttle service and evaluating possible
expansion opportunities to accommodate additional activity centers throughout the City.
ENVIRONMENTAL IMPACT REPORT
The Environmental Impact Report EIR) was prepared in accordance with Public Resources
Code 21000 et seq. to analyze the potential environmental impacts associated with the
adoption and implementation of the updated general plan. The General Plan was prepared
to respond to local and regional economic trends and to reflect current law.
Pursuant to the California Environmental Quality Act CEQA) an Initial Study was prepared
for the proposed general plan update. As a result of that study, it was determined that there
are potentially significant environmental impacts, which could result from the adoption of the
long-term implementation of the 2020 General Plan. Also mitigation measures have been
identified which may potentially reduce any significant impacts. However, even with the
inclusion of mitigation measures, if a significant impact cannot be reduced or eliminated,
those impacts are identified as unavoidable significant impacts'
The EIR has identified the following areas of unavoidable significant impacts:
1) Air Quality
2) Transportation/Traffic
3) Solid Waste
4) Recreation
Because there are four 4) Unavoidable Significant Impacts, the City must adopt a Statement
of Overriding Considerations. In adopting this statement, the City must find that it has
reviewed the EIR and balanced the benefits of the project against its significant effects, and
concluded that the benefits of the project outweigh the unavoidable adverse environmental
effects.
The followino areas will result in a Less than Sianificant Imoact:
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