HomeMy WebLinkAbout2004 02 18 CC MIN2004 02 18 CC MIN (Ìì ž = COUNCIL CHAMBER FEBRUARY 18, 2004
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: Councilmember Marlen Garcia, David Olivas, Ricardo Pacheco, and Mayor Manuel
Lozano
Absent/Excused: Mayor Pro-Tern Bill Van Cleave
Also Present: Dayle Keller, Chief Executive Officer; Stephanie Scher, 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;
Maria A. Contreras, City Treasurer; and Kathleen Sessman, Deputy City Clerk
Absent/Excused: Kathryn Tizcareno, City Clerk
ANNOUNCEMENTS
Mayor Lozano expressed his condolences for the men and woman fighting in Iraq to preserve
America's freedom and way of life.
Mayor Lozano announced that Rental Property Owners Workshop had been hosted by the
Housing Department this morning, February 18, 2004 at 8:00 a.m.
Mayor Lozano made a motion to excuse Mayor Pro Tern Van Cleave from tonight's meeting.
There were no objections.
Councilmember Garcia announced that on February 19, 2004 she attended the dedication
and opening of the Water Treatment Plant.
Councilmember Pacheco announced his attendance of the Independent Cities Association
Conference in Santa Barbara this past weekend. He stated that the Independent Cities
Association ICA) disseminated a lot of good information during the conference regarding
public safety and the state deficit.
Councilmember Olivas announced that the Housing Department had received a grant from
the Cal Home Competitive Grant Funds for $500,000 for Housing Rehabilitation.
Mayor Lozano announced that on Monday, February 23, 2004 at 10:00 a.m. Congresswoman
Hilda Solis will be presenting the City of Baldwin Park with a check for two hundred and fifty
thousand dollars. He stated that the funds will be used to invest in the Metrolink area.
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2004 02 18 CC MIN (Ìì ž = City Council Minutes February 18, 2004 Page 2
PROCLAMATIONS, PRESENTATIONS AND COMMENDATIONS
Interim Community Development Director Picazo introduced newly appointed Code
Enforcement Division employee, Michael Teran, Building Inspector.
CONSENT CALENDAR APPROVED
Chief Executive Officer Keller requested that the following item be removed from the Consent
Calendar:
1) Item-l-E- APPROVAL OF PROPOSED EMPLOYMENT AGREEMENT
DIRECTOR OF COMMUNITY DEVELOPMENT
Coundlmember Pacheco requested that the following item be removed from the Consent
Calendar for discussion:
1) Item 1-G REQUEST TO APPROPRIATE GRANT FUNDS FOR THE
PURPOSE OF ESTABLISHING POLICE COMMUNICATIONS
INTEROPERABILITY
Coundlmember Olivas requested that the following item be removed from the Consent
Calendar for discussion:
1) Item 1-H MID-YEAR STATUS UPDATE OF CHAMBER OF COMMERCE
CONTRACT
A motion was made to approve Consent Calendar Item Nos. A-H with the exception of items
E, G and H) as presented, and as follows:
MOTION: Councilmember Olivas SECOND: Councilmember Pacheco Carried
MINUTES
The minutes of January 14, 2004 Special); February 4, 2004 Special Study); and February
9, 2004 Special), were approved as presented.
WARRANTS AND DEMANDS
Report was received and filed.
TREASURER'S REPORT FOR THE MONTH OF JANUARY 2004
Report was received and filed.
PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD
OF FEBRUARY 19, 2004 TO MARCH 3, 2004
The City Council approved the preparation and presentation of the proposed certificates,
proclamations and plaques.
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APPROVAL OF FACILITY USE AGREEMENT- BASSETT LITTLE LEAGUE
The City Council approved a Facility Use Agreement with the Bassett Little League and
authorized the Mayor to execute the Agreement.
CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION
REQUEST TO APPROPRIATE GRANT FUNDS FOR THE PURPOSE OF ESTABLISHING
POLICE COMMUNICATIONS INTEROPERABILITY
Councilmember Pacheco requested item be pulled for the benefit of the community. He
further requested a brief report from Chief Kling regarding the grant and the uses of grant
monies.
A motion was made to authorize the Police Department staff to proceed with purchasing the
required radio interoperability equipment. The Finance Director was authorized to make a
budget amendment in the amount of $18,174 to the Grant Funds and appropriate the funds to
police cost center 139.28.5745. The Chief of Police was authorized to complete any required
documents for processing the purchase of equipment and for acquiring the full
reimbursement of grant funds.
MOTION: Councilmember Pacheco SECOND: Councilmember Garcia Carried
MID-YEAR STATUS UPDATE OF CHAMBER OF COMMERCE CONTRACT
A motion was made to agendize item for discussion at the March 3, 2004 meeting. There
were no objections.
PUBLIC HEARING
PUBLIC HEARING TO CONSIDER A REQUEST FOR APPROVAL OF AN AMENDMENT
TO THE CITY'S GENERAL PLAN LAND AGP-106) AND ZONE CHANGE Z-539)
LOCATION: 3224-3356 BALDWIN PARK BOULEVARD AND 13712-13716 FOSTER
AVENUE; APPLICANT: CITY OF BALDWIN PARK)
Mayor Lozano expressed concern with high-density projects.
Councilmember Garcia inquired why the Planning Commission was requesting rezoning of
the whole block. She further inquired if a developer was interested in developing the entire
block. In response to Councilmember Garcia's inquiry City Attorney Scher stated that there is
not a developer looking at developing the whole block, there is a developer interested in
developing one 1) lot with a RG, Residential Garden Zone level of density, and that is the
next item on the agenda. City Attorney Scher explained that a single parcel cannot be carved
out and rezoned. it is considered spot zoning, so when the concept of this particular
developers project went forward staff looked at it and brought forward to the Planning
Commission for their input whether it would be appropriate to re-zone the whole block.
Councilmember Pacheco expressed his desire to see the area developed. He requested that
Council look at item A and B together. City Attorney Scher stated that agenda item B does
have a specific proposal for a specific lot within the area being discussed. She further stated
that it may be useful to the council to conduct the two hearings simultaneously.
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At the recommendation of the City Attorney, Mayor Lozano declared the public hearing for
item A and item B OPEN for public participation.
Oscar Sandoval, representative from Alturas Development explained their conception of the
proposed project was not high density. He explained that the proposed project was designed
to maintain the feeling of a single-family residential neighborhood. He further explained that
the proposed project has five 5) single-family two-story homes with numerous design
characteristics, including very large, open back yards. He pointed out for Council's benefit
that the smallest of the proposed back yards is five times larger than minimum open space
requirement for RG. He stated that what we are proposing are large high quality homes.
Eric Cabrera, 3236 Baldwin Park Boulevard, stated that he is not opposed to the project. He
expressed concern with the construction portion of this project. He asked council's
assistance to make sure that all codes and requirements are met and strictly enforced. He
further requested a sign be posted at the construction site with contact names and numbers.
There was no one else wishing to speak, therefore Mayor Lozano declared the public hearing
CLOSED.
Coundlmember Pacheco expressed his support of this project. He stated that the proposed
project does not look like high-density housing, it is beautifully designed, has big back yards,
lots of room.
Coundlmember Garcia expressed concern with re-zoning the entire block. She expressed
her support for the project but inquired whether it was possible to rezone from 3242-3250
Baldwin Park Boulevard instead of the entire block.
Councilmember Olivas recommended that when Council is approaching General Plan
changes, especially when it encompasses an entire block, that the Council look at it in
perspective of the entire area. He expressed the importance of having the larger picture
explained and presented to Council for consideration. He stated that Council needs to be
careful what we change from R-1, because R-1 can be a vanishing breed.
A motion was made to adopt the Negative Declaration of Environmental Impact. Further
reading was waived, read by title only and Ordinance No. 1227 entitled, AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVING AN AMENDMENT TO
THE CITY'S GENERAL PLAN LAND USE ELEMENT, TO REDESIGNATE THE SUBJECT
PROPERTY FROM SINGLE-FAMILY RESIDENTIAL TO RESIDENTIAL GARDEN AND A
ZONE CHANGE FROM R-1. SINGLE-FAMILY RESIDENTIAL GARDEN TO RG,
RESIDENTIAL GARDEN APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AGP-106
AND Z-539), was introduce for first reading.
MOTION: Councilmember Pacheco SECOND: Councilmember Garcia Carried
PUBLIC HEARING TO CONSIDER APPROVAL OF A ZONE CHANGE Z-538), A
DEVELOPMENT PLAN DR-25) AND A TENTATIVE TRACT MAP TM-60796)
LOCATION: 3242-3250 BALDWIN PARK BOULEVARD; APPLICANT: ALTURAS
ENGINEERING AND ASSOCIATES
Mayor Lozano declared the public hearing OPEN for public participation.
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Mayor Lozano expressed concern with high-density projects.
Councilmember Garcia inquired why the Planning Commission was requesting rezoning of
the whole block. She further inquired if a developer was interested in developing the entire
block. In response to Councilmember Garcia's inquiry City Attorney Scher stated that there is
not a developer looking at developing the whole block, there is a developer interested in
developing one 1) lot with a RG, Residential Garden Zone level of density, and that is the
next item on the agenda. City Attorney Scher explained that a single parcel cannot be carved
out and rezoned, it is considered spot zoning, so when the concept of this particular
developers project went forward staff looked at it and brought forward to the Planning
Commission for their input whether it would be appropriate to re-zone the whole block.
Councilmember Pacheco expressed his desire to see the area developed. He requested that
Council look at item A and B together. City Attorney Scher stated that agenda item B does
have a specific proposal for a specific lot within the area being discussed. She further stated
that it may be useful to the council to conduct the two hearings simultaneously.
At the recommendation of the City Attorney. Mayor Lozano declared the public hearing for
item A and item B OPEN for public participation.
Oscar Sandoval, representative from Alturas Development explained their conception of the
proposed project was not high density. He explained that the proposed project was designed
to maintain the feeling of a single-family residential neighborhood. He further explained that
the proposed project has five 5) single-family two-story homes with numerous design
characteristics, including very large, open back yards. He pointed out for Council's benefit
that the smallest of the proposed back yards is five times larger than minimum open space
requirement for RG. He stated that what we are proposing are large high quality homes.
Eric Cabrera, 3236 Baldwin Park Boulevard, stated that he is not opposed to the project. He
expressed concern with the construction portion of this project. He asked council's
assistance to make sure that all codes and requirements are met and strictly enforced. He
further requested a sign be posted at the construction site with contact names and numbers.
There was no one else wishing to speak, therefore Mayor Lozano declared the public hearing
CLOSED-
Councilmember Pacheco expressed his support of this project. He stated that the proposed
project does not look like high-density housing, it is beautifully designed, has big back yards,
lots of room.
Councilmember Garcia expressed concern with re-zoning the entire block. She expressed
her support for the project but inquired whether it was possible to rezone from 3242-3250
Baldwin Park Boulevard instead of the entire block.
Councilmember Olivas recommended that when Council is approaching General Plan
changes, especially when it encompasses an entire block, that the Council look at it in
perspective of the entire area. He expressed the importance of having the larger picture
explained and presented to Council for consideration. He stated that Council needs to be
careful what we change from R-1, because R-1 can be a vanishing breed.
There was no one else wishing to speak, therefore Mayor Lozano declared the public hearing
CLOSED.
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A motion was made to adopt the Negative Declaration of Environmental Impact. Waive
further reading, read by title only and introduce for first reading Ordinance No. 1228
entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND
APPROVING A ZONE CHANGE TO ALLOW THE PLANNED DEVELOPMENT PD)
OVERLAY ON THE RG, RESIDENTIAL GARDEN ZONE ON THE PROPERTY LOCATED
AT 3242-3250 BALDWIN PARK BLVD APPLICANT: ALTURAS ENGINEERING AND
ASSOCIATES; CASE NO.: Z-538). Waive further reading, read by title only and adopt
Resolution No. 2004-011 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AND APPROVING A DEVELOPMENT PLAN ALLOWING THE CONSTRUCTION
OF A FIVE 5) UNIT SINGLE-FAMILY DETACHED PLANNED DEVELOPMENT
APPLICANT: ALTURAS ENGINEERING AND ASSOCIATES; CASE NO.: DR-25;
LOCATION: 3242-3250 BALDWIN PARK BLVD.); and 4) Approve a Tentative Tract Map No.
60796 to subdivide one 1) lot into six 6) for residential purposes.
MOTION: Councilmember Pacheco SECOND: Councilmember Garcia Carried
REPORTS OF OFFICERS
AWARD OF CONTRACT FOR PROFESSIONAL CONSULTING SERVICES TO DEVELOP
A BUILDING FEE SCHEDULE FOR PLAN CHECKING AND INSPECTION SERVICES
Councilmember Pacheco requested staff provide council with a follow-up report explaining
the process behind how the consultant was approved.
Councilmember Olivas requested staff to include a list of fees that will be included under the
contract for a total of $25,500 plus $1,750 maximum expenses for the Building and Planning
Fee Schedule Study with MAXIMUS Group. He further requested clarification and a more
detailed Scope of Work 2B which was referenced in tonight's staff report.
A motion was made to continue discussion to the March 3, 2004 meeting. There were no
objections.
INSTALLATION OF STOP SIGNS, SPEED BUMPS AND TRAFFIC SIGNALS AND OTHER
TRAFFIC CONTROL DEVICES
By council consensus, a motion was made to receive and file.
RESOLUTION CONSENTING TO JOINT PUBLIC HEARING ON PROPOSED
AMENDMENT 2004 TO REDEVELOPMENT PLAN FOR CENTRAL BUSINESS DISTRICT
REDEVELOPMENT PROJECT AREA AND THE ENVIRONMENTAL FINDINGS OF THE
NEGATIVE DECLARATION
A motion was made to waive further reading, read by title only and adopt Resolution No.
2004-009 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK CONSENTING TO JOINT PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK AND THE BALDWIN PARK REDEVELOPMENT AGENCY WITH
RESPECT TO THE PROPOSED AMENDMENT 2004 TO REDEVELOPMENT PLAN FOR
CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND THE
ENVIRONMENTAL FINDINGS OF THE NEGATIVE DECLARATION PREPARED IN
CONNECTION THEREWITH"
MOTION: Councilmember Olivas SECOND: Councilmember Garcia Carried
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DOWNTOWN STREET MARKET CONTINUED FROM FEBRUARY 4,2004)
Matter was directed back to staff. Council requested further information regarding the
Chamber's proposal for taking over the Street Market and the possible use of a Request for
Qualifications RFQ). Matter will be brought back at a later date. There were no objections.
RESOLUTIONS SUPPORTING PROPOSITION 57 AND 58
Councilmember Pacheco expressed his support for Proposition 58 but stated that he cannot
support Proposition 57 a bond to cover a deficit. He stated that the real problem lies in the
state, they need to cut back and balance their budget equal to the revenues that the state is
bringing in.
City Attorney Scher advised Council that the way these two proposition have been structured
neither will become effective unless both are approved by the voters.
Mayor Lozano suggested Council not take a position and leave it up to the voters.
Councilmember Olivas expressed his support for both Proposition 57 and 58, stated that if
these propositions do not go through we are going to face a lot of difficult decisions. He
stated that we have been put in a position where if cities do not support these propositions
and they do not go through the cuts to localities are going to be enormous. He further stated
he is supporting this because it is bipartizan, California State Controller Westly and Governor
Schwarzenegger are teaming up on this and the Democratic Party has endorsed it.
Councilmember Olivas explained that he viewed it as refinancing just on a much larger scale.
By Council consensus, no formal action was taken.
REQUEST TO PROVIDE GRANT FUNDING TO NEW BEGINNINGS ROYAL RANGERS
Assistant to the Chief Executive Officer Bouton stated that at the request of the City Council
staff has developed a questionnaire for Request for Grant Funding. She explained that this
questionnaire was applied to the New Beginnings Royal Rangers request and staff has
determined that New Beginnings is looking for start up funds for a program similar to the Boy
Scouts. She explained that the program is scheduled to begin March 10, 2004 and the group
has stated that it does have a religious connotation.
Upon request by Mayor Lozano for legal counsel City Attorney Scher stated that the religious
connotation puts considerable concern about approving this request. She stated that the
group has stated that this program includes Christian teachings and the city is not permitted
to provide money for any religious function. She recommended Council not approve this
request.
Councilmember Garcia requested staff include a footnote stating any restrictions the City has
regarding the use of funds.
By Council consensus, the request for grant funding to new beginnings Royal Rangers was
not approved.
EMPLOYEE CLASSIFICATIONS AND COMPENSATION
Councilmember Pacheco requested matter be tabled to March 3, 2004. There were no
objections.
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ORDINANCE AND RESOLUTION AMENDING THE CITY'S CONTRACT WITH CALPERS
TO INCLUDE THE 3% AT 50 RETIREMENT BENEFIT FOR SWORN PERSONNEL
A motion was made to waive further reading, read by title only and introduce for first reading
Ordinance No. 1223 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK AND BOARD OF ADMINISTRATION
OF THE CALIFORNIA PUBLIC." Further reading, read by title only and Resolution No.
2004-006 entitled, A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK TO APPROVE AN AMENDMENT BETWEEN THE BOARD OF
ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK, was adopted." Second reading of
Ordinance No. 1223 will be held on March 17, 2004.
MOTION: Councilmember Garcia SECOND: Councilmember Pacheco Carried
PROPOSED URGENCY AND REGULAR ORDINANCE RELATING TO UNCLASSIFIED
SERVICE EMPLOYEES CONTINUED FROM FEBRUARY 4,2004)
A motion was made to waive further reading, read by title only and adopt an URGENCY
Ordinance No. 1225 entitled, AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK AMENDING SECTIONS 31.03 AND 33.05 OF THE
BALDWIN PARK MUNICIPAL CODE TO PLACE PERSONNEL/RISK MANAGERS IN THE
UNCLASSIFIED SERVICE AND TO CONFORM THE ORDINANCE RELATING TO
DEPARTMENT HEAD EMPLOYMENT TO THE CURRENT PRACTICES."
MOTION: Councilmember Olivas SECOND: Councilmember Garcia Carried
A motion was made to waive further reading, read by title only and introduce for first reading
Ordinance No. 1226 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK AMENDING SECTIONS 31.03 AND 33.05 OF THE BALDWIN PARK
MUNICIPAL CODE TO PLACE PERSONNEL/RISK MANAGERS IN THE UNCLASSIFIED
SERVICE AND TO CONFORM THE ORDINANCE RELATING TO DEPARTMENT HEAD
EMPLOYMENT TO THE CURRENT PRACTICES."
MOTION: Councilmember Olivas SECOND: Councilmember Garcia Carried
ADJOURNMENT
There being no further matters for discussion, the meeting was adjourned at 8:46 p.m.
Approved as presented by the Council at their meeting held March 3, 2004.
T^^^\L~.L^A^^•^<>^^v^a^^
Kaihleen R. Sessrrian
Deputy City Clerk
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