Loading...
HomeMy WebLinkAbout2003 07 30 CC MIN2003 07 30 CC MIN(Ììb`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. BIB] 37895-U01 2003-U02 07-U02 30-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO27293-U03 C4-U03 MINUTES1-U03 10/1/2003-U04 ROBIN-U04 REGULAR-U05 ADJOURNED-U05 CC-U06 2003 07 30 CC MIN(Ììb`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. BIB] 37895-U01 2003-U02 07-U02 30-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO27293-U03 C4-U03 MINUTES1-U03 10/1/2003-U04 ROBIN-U04 REGULAR-U05 ADJOURNED-U05 CC-U06 2003 07 30 CC MIN(Ììb`City Council Minutes July 30, 2003 Page 3 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) BIB] 37895-U01 2003-U02 07-U02 30-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO27293-U03 C4-U03 MINUTES1-U03 10/1/2003-U04 ROBIN-U04 REGULAR-U05 ADJOURNED-U05 CC-U06 2003 07 30 CC MIN(Ììb`City Council Minutes July 30, 2003 Page 4 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 BIB] 37895-U01 2003-U02 07-U02 30-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO27293-U03 C4-U03 MINUTES1-U03 10/1/2003-U04 ROBIN-U04 REGULAR-U05 ADJOURNED-U05 CC-U06 2003 07 30 CC MIN(Ììb`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 BIB] 37895-U01 2003-U02 07-U02 30-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO27293-U03 C4-U03 MINUTES1-U03 10/1/2003-U04 ROBIN-U04 REGULAR-U05 ADJOURNED-U05 CC-U06 2003 07 30 CC MIN(Ììb`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. BIB] 37895-U01 2003-U02 07-U02 30-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO27293-U03 C4-U03 MINUTES1-U03 10/1/2003-U04 ROBIN-U04 REGULAR-U05 ADJOURNED-U05 CC-U06 2003 07 30 CC MIN(Ììb`City Council Minutes July 30, 2003 Page 7 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 BIB] 37895-U01 2003-U02 07-U02 30-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO27293-U03 C4-U03 MINUTES1-U03 10/1/2003-U04 ROBIN-U04 REGULAR-U05 ADJOURNED-U05 CC-U06