HomeMy WebLinkAbout2003 07 30 CC MIN2003 07 30 CC MIN (Ìì b ` COUNCIL CHAMBER JULY 30, 2003
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 ADJOURNED
SESSION at the above time and place.
ROLL CALL
Present: Councilmember Marlen Garcia, David Olivas, Ricardo Pacheco, Mayor Pro-Tern Bill
Van Cleave arrived 7:25 p.m.), and Mayor Manuel Lozano
Also Present: Dayle Keller, Chief Executive Officer; Michael Karger, City Attorney; Mark
Kling, Chief of Police; Jose Sanchez, Finance Director; Shafique Naiyer, Public Works
Director; Melecio Picazo, Interim Community Development Director; Manny Carrillo,
Recreation and Community Services Director; Dolores Gonzalez-Hayes, Housing Director;
Kathryn Tizcareno, City Clerk; Maria A. Contreras, City Treasurer; Rosemary M. Ramirez,
Chief Deputy City Clerk; and Kathleen Sessman, Deputy City Clerk
ANNOUNCEMENTS
Mayor Lozano adjourned the meeting in memory of Nora Padilla and Michael Steinhower.
Councilmember Olivas apologized for his absence from tonight's four o'clock special meeting.
Councilmember Pacheco announced that the Assembly had adopted the state budget
package which will be going to the governor for approval. Councilmember Olivas expressed
concern with the budget, particularly with the provisions regarding property and sales tax,
and the affects it will have on the City of Baldwin Park.
Councilmember Olivas commended staff on their implementation of the educational and
multi-cultural components weaved into the concert series.
PROCLAMATIONS, PRESENTATIONS AND COMMENDATIONS
Director Naiyer introduced newly appointed Engineer Department employees, Laura Nieto,
Administrative Clerk II and Carlos Aguirre, Engineering Technician.
PUBLIC COMMUNICATIONS
Larry Walton spoke regarding allegations recently made against him regarding firework
issues.
Mary Ferrer expressed concern with recent statements made by Councilmember Pacheco, in
Tribune articles regarding the use of the nominative voice pronoun I" instead of we." She
stated that improvements and developments throughout the city have been accomplished by
the Council as a whole and that individuals should not be seeking sole credit for the
accomplishments of the entire City Council.
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2003 07 30 CC MIN (Ìì b ` City Council Minutes July 30, 2003 Page 2
Mayor Lozano announced that at the Special Budget Workshop scheduled for 4:00 p.m. this
same date was cancelled due to a lack of quorum. He stated that Director Sanchez had a
budget update for Council that would have addressed important issues concerning the
recently approved State budget and how it could potentially affect the City of Baldwin Park.
CONSENT CALENDAR APPROVED
Councilmember Pacheco requested that the following item be removed from the Consent
Calendar for discussion:
1) Item 1 E ORDINANCE APPROVING AN AMENDMENT TO THE CITY'S
ZONING CODE FROM C-2, GENERAL COMMERCIAL TO RG, GARDEN
MULTI-FAMILY RESIDENTIAL ALLOWING FOR THE CONSTRUCTION
OF A TEN 10) UNIT CONDOMINIUM LOCATED AT 13356-13358
RAMONA BOULEVARD CASE NO.: Z-534; APPLICANT PATRICK CHIU
AND ASSOCIATES)
A motion was made approve Consent Calendar Item Nos. A-G with the exception of item E)
as presented, and as follows:
MOTION: Councilmember Pacheco SECOND: Councilmember Olivas Carried
MINUTES
The minutes of June 4, 2003 Special Study & Regular) and June 18, 2003 Special Study),
were approved as presented.
WARRANTS AND DEMANDS
Report was received and filed.
CLAIM REJECTION MELOS IVANCEVIC 06.12.03) AND STEPHANIE CHAVEZ
CASTANEDA 01.17.03)
The City Council rejected the claims of Melos Ivancevic 06.12.03) and Stephanie Chavez
Castaneda 01.17.03). Staff was directed to send the appropriate notices of rejection to
claimants.
ORDINANCE APPROVING AN AMENDMENT TO THE SPECIFIC PLAN 01-1, AMENDING
THE PROVISIONS PERTAINING TO DECORATIVE FENCES AND WALLS AND
ALLOWING DECORATIVE FENCES AND WALLS WITHIN THE FRONT YARD SETBACK
AREAS FOR HOMES FACING BADILLO STREET LOTS 1-13); CASE NO.: SP-01-1;
LOCATION: 14700-14728 BADILLO STREET; APPLICANT: CITY OF BALDWIN PARK)
Further reading was waived, read by title only and Ordinance No. 1210 entitled, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE
PROVISIONS OF SPECIFIC PLAN 01-1 PERTAINING TO DECORATIVE FENCES AND
WALLS AND ALLOWING DECORATIVE FENCES AND WALLS WITHIN THE FRONT YARD
SETBACK AREAS FOR THE HOMES FACING BADILLO STREET LOTS 1-13)
APPLICANT: CITY OF BALDWIN PARK; LOCATION: 14700-14728 BADILLO STREET;
CASE NO.: SP 01-1)," was adopted on second reading.
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RESOLUTION REAFFIRMING THE CITY'S SUPPORT OF THE ARMED FORCES
THROUGH THE AMERICA SUPPORTING AMERICANS INITIATIVE
Further reading was waived, read by title only and Resolution No. 2003-053 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
REAFFIRMING THE CITY'S SUPPORT OF A COMPANY OF THE UNITED STATES
MARINE CORPS," was adopted.
PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD
OF JULY 31, 2003 TO AUGUST 21, 2003
The City Council approved the preparation and presentation of certificates as outlined in staff
report dated July 30, 2003.
CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION
ORDINANCE APPROVING AN AMENDMENT TO THE CITY'S ZONING CODE FROM C-2,
GENERAL COMMERCIAL TO RG, GARDEN MULTI-FAMILY RESIDENTIAL ALLOWING
FOR THE CONSTRUCTION OF A TEN 10) UNIT CONDOMINIUM LOCATED AT 13356-
13358 RAMONA BOULEVARD CASE NO.: Z-534; APPLICANT PATRICK CHIU AND
ASSOCIATES)
Councilmember Pacheco expressed his objection to the project due to high density.
A motion was made to waive further reading, read by title only and adopt on second reading
Ordinance No. 1211 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK APPROVING A ZONE CHANGE FROM C-2, GENERAL COMMERCIAL
TO RG, GARDEN MULTI-FAMILY RESIDENTIAL ON THE PROPERTY LOCATED AT
13356-58 RAMONA BLVD. APPLICANT: PATRICK CHIU & ASSOCIATES; CASE NO.: Z-
534)."
MOTION: Mayor Lozano SECOND: Councilmember Garcia Carried
NOES: Councilmember Pacheco and Mayor Pro Tern Van Cleave
PUBLIC HEARING
PUBLIC HEARING FOR ADOPTION OF ANNUAL OPERATING BUDGET FOR FISCAL
YEAR 2003-04
Mayor Lozano declared the public hearing OPEN for public participation. There was no one
wishing to speak.
A motion was made to CONTINUE the Public Hearing to August 20, 2003.
MOTION: Mayor Pro Tern Van Cleave SECOND: Councilmember Olivas Carried
REPORTS OF OFFICERS
TRANSLATION EQUIPMENT AND TRANSLATION SERVICES ENGLISH/SPANISH)
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A motion was made to authorize the Finance Department's Information System Division to
obtain additional quotes from suppliers of electronic translation equipment. The City Clerk's
Office was authorized to develop and issue a request for proposals for translation services
Spanish).
MOTION: Councilmember Pacheco SECOND: Mayor Pro Tern Van Cleave Carried
APPROVAL OF AN AGREEMENT FOR ELECTRICAL ENERGY FOR STREET LIGHTING
PER SCHEDULES LS-1, LS-2 AND LS-3 SOUTHERN CALIFORNIA EDISON
Status report was received and filed. Council directed staff to bring back a report outlining
how other issues relating to street lighting will be addressed. There were no objections.
A motion was made to approve the Agreements with Southern California Edison to deliver
electrical energy for street lighting per schedules LS-1, LS-2 and LS-3, which include the
attachment of luminaries, equipment, flags, banners and related appurtenances to the street
light poles and authorize the Mayor to execute the Agreement.
MOTION: Councilmember Pacheco SECOND: Mayor Pro Tern Van Cleave Carried
ADOPTION OF ORDINANCE AND AMENDED RESOLUTION REGARDING
CONSTRUCTION OF A TEN 10) UNIT SINGLE-FAMILY DETACHED RESIDENTIAL
PLANNED DEVELOPMENT LOCATION: 4751 CENTER STREET; APPLICANT:
ANTONIO PLASCENCIA; CASE NO.: Z-530) CONTINUED FROM JULY 16,2003)
A motion was made to adopt the Negative Declaration of Environmental Impact, waive further
reading, read by title only and adopt on second reading, Ordinance No. 1205 entitled, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A
ZONE CHANGE FROM R-1 TO R-1 PD) ON THE PROPERTY LOCATED AT 4751
CENTER STREET APPLICANT: ANTONIO PLASCENCIA; CASE NO.: Z-530)." Further
reading was waived, read by title only and Resolution No. 2003-051 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK RESCINDING
RESOLUTION NO. 2003-033 AND APPROVING WITH APPROPRIATE CONDITIONS A
DEVELOPMENT PLAN ALLOWING THE CONSTRUCTION OF A TEN 10) UNIT SINGLE-
FAMILY DETACHED RESIDENTIAL DEVELOPMENT AND ADOPTING THE NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: ANTONIO PLASCENCIA;
LOCATION: 4751 CENTER STREET; CASE NO.: DR-21)," was adopted.
MOTION: Mayor Lozano SECOND: Councilmember Garcia Carried
D.C. CORPORATION HOUSING PROJECT AFFORDABLE HOUSING UNIT
ADJUSTMENTS TO THE DALEWOOD, MERGED AND MAINE PROJECTS Related item CRA
Agenda, Item 3-A)
Councilmember Pacheco expressed concern with making changes to the original Owner
Participation Agreement OPA) and expressed his disapproval of not following through with
the originally agreed upon number of units restricted for sale to moderate-income families for
the Dalewood, Merced and Maine Housing Projects. Councilmember Pacheco requested
that staff look into other options, and expressed his desire to see the number of units
restricted for sale to moderate-income families in these projects remain unchanged.
A motion was made to continue to September 17, 2003 meeting.
MOTION: Mayor Pro Tern Van Cleave SECOND: Councilmember Olivas Carried
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2003 07 30 CC MIN (Ìì b ` City Council Minutes July 30, 2003 Page 5
INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 93 OF THE BALDWIN
PARK MUNICIPAL CODE RELATING TO FIREWORKS
By council consensus, Councilmember Pacheco and Councilmember Garcia were appointed
to the newly formed Fireworks Committee. There were no objections.
A motion was made to waive further reading, read by title only and introduce for first reading
Ordinance No. 1213 entitled, AN ORDINANCE OF THE CITY COUNCIL OF BALDWIN
PARK AMENDING CHAPTER 93 OF THE BALDWIN PARK MUNICIPAL CODE, RELATING
TO FIREWORKS SALES AND PERMITS, with the amendment to include only the section as
it relates to the submission deadline date of November.
MOTION: Councilmember Olivas SECOND: Mayor Pro Tern Van Cleave Carried
PROPOSED COUNCIL POLICY REGARDING INFORMATIONAL BOOTHS AT THE
CONCERT IN THE PARK SERIES
Mayor Lozano expressed his disapproval to this policy, stating that past practice has been to
provide individuals the opportunity to have informational booths at the Concert in the Park
Series.
A motion was made to approve the policy as amended by changing Item No. 3 under the
Guideline section by deleting the word approved" and replacing it with reviewed".
MOTION: Councilmember Olivas SECOND: Councilmember Pacheco Carried
NOES: Mayor Lozano
COUNCIL / STAFF REQUESTS AND COMMUNICATIONS
REQUEST BY COUNCILMEMBER OLIVAS TO ADOPT A RESOLUTION IN SUPPORT OF
THE NON-PROFIT GROUPS ATTEMPTING TO TAKE RESPONSIBILITY FOR THE
CHIHUAHUAS
A motion was made to waive further reading, read by title only and adopt Resolution No.
2003-054 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, DECLARING ITS SUPPORT FOR THE RELEASE OF THE CHIHUAHUA DOGS TO
CHIHUAHUA RESCUE.COM FOR REHABILITATION AND EVENTUAL ADOPTION
BALDWIN PARK CHIHUAHUA RESCUE EFFORT."
MOTION: Councilmember Olivas SECOND: Mayor Pro Tern Van Cleave Carried
REQUEST BY COUNCILMEMBER PACHECO FOR COUNCIL RECONSIDERATION OF
ACTION TAKEN AT THE JULY 16 COUNCIL MEETING REGARDING THE SENDING OF
AN RFP TO ENGINEERING FIRMS FOR DESIGN AND INSPECTION SERVICES; AND, IF
A VOTE FOR RECONSIDERATION IS APPROVED, BRINGING BACK A REPORT TO THE
COUNCIL ON AUGUST 20, 2003 FOR THE RECONSIDERATION
A motion was made to bring back item for reconsideration at August 20, 2003 meeting.
MOTION: Mayor Pro Tern Van Cleave SECOND: Councilmember Pacheco Carried
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2003 07 30 CC MIN (Ìì b ` City Council Minutes July 30, 2003 Page 6
REQUEST FROM CHIEF EXECUTIVE OFFICER KELLER FOR DISCUSSION OF A
LETTER RECEIVED FROM THEVER & ASSOCIATES, DATED JULY 22, 2003,
REQUESTING THAT THEY BE ALLOWED TO HANDLE ALL LITIGATION MATTERS FOR
THE CITY, AS WELL AS SPECIAL PROJECTS AS ASSIGNED
A motion was made to table this matter to August 20, 2003.
MOTION: Mayor Pro Tern Van Cleave SECOND: Councilmember Pacheco Carried
REQUEST FROM FINANCE DIRECTOR SANCHEZ FOR DISCUSSION OF STATE OF
CALIFORNIA BUDGET UPDATE; TRIPLE FLIP PROPOSAL; AND THE SAN GABRIEL
VALLEY CITIES FORM POITICAL ACTION COMMITTEE CITIPAC)
Director Sanchez provided a brief update regarding the State Budget and the impact it will
have on the City of Baldwin Park. Council further requested that a more detailed report and
any updates be sent out in order to keep council apprised of the budget situation.
By Council consensus, a request was made to invite League of California Cities
representative Jennifer Quan to an upcoming City Council meeting to provide a presentation
regarding the San Gabriel Valley Cities Form Political Action Committee CITIPAC).
CULTURAL GROUP TREASURER
Councilmember Pacheco requested that staff investigate the cultural group who has
expressed difficulty in gaining access to the funds raised at last year's fireworks fundraiser,
claiming that their organization's treasurer has not turned those funds in.
SAFRAN PROJECT UPDATE
Councilmember Pacheco requested an update on the Safran Project. He directed staff to
include any and all promises made to residents regarding this project and how each would be
implemented.
Shopping Center Improvement Committee Update
Councilmember Garcia reported on the recently held Shopping Center Improvement
Committee meeting stating that the committee has located new areas of focus.
MISSED MEETING BY COUNCIL MEMBERS
Councilmember Garcia expressed her disappointment in Council's lack of consideration,
demonstrated by non attendance by councilmembers at specially scheduled meetings.
Councilmember Olivas, Mayor Pro Tern Van Cleave, and Councilmember Pacheco
responded to Councilmember Garcia comment regarding meeting absences.
SB 60 CEDILLO BILL)
Mayor Lozano spoke of the Governor's decision regarding SB 60, noting the Governor has
changed his no" vote to a yes" vote.
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COUNCIL HEALTH BENEFITS
Councilmember Olivas inquired as to whether the Council's existing health benefit amount is
the same as staff's. Assistant to the Chief Executive Officer Bouton stated that presently,
Council health benefits or cafeteria plan is equal only with the E-team. She explained that at
this time, each employee group has a different cafeteria plan. She further stated that in this
year's employee negotiations, part of the Meet and Confer City Proposal is to increase all
employee groups to the same cafeteria plan, which will be $665 per month, which is equal to
the cafeteria fund for the City Council and the E-team.
REQUEST FOR DOCUMENTS RELATED TO LARRY WALTON AND PHANTOM
FIREWORKS
Mayor Lozano inquired to the status of the documentation he previously requested regarding
Phantom Fireworks and Mr. Larry Walton. Mayor Lozano requested to receive a copy of
every piece of documentation regarding this matter.
2003 CRIME PREVENTION DAY
Treasurer Contreras reported on the City's recent Crime Prevention Fair and commended
staff for its success and all their hard work.
STAYING POSITIVE FOR THE BETTERMENT OF THE CITY OF BALDWIN PARK
Councilmember Olivas stated that a lot of good things are happening and many positive
actions are being accomplished throughout the City of Baldwin Park. He requested that
everybody stay positive and continue to work together for the betterment of the City and its
residents.
ADJOURNMENT
There being no further matters for discussion, the meeting was adjourned at 8:50 p.m., in
memory of Nora Padilla and Michael Steinhower.
Approved as presented by the Council at their meeting held September 17, 2003.
Rosemary M.Rarrurbz, CMC
Chief Deputy City Clerk
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