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HomeMy WebLinkAbout2004 02 18 CC MIN2004 02 18 CC MIN(Ììž=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. BIB] 38091-U01 2004-U02 02-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO42898-U03 C4-U03 MINUTES1-U03 4/14/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2004 02 18 CC MIN(Ììž=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. BIB] 38091-U01 2004-U02 02-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO42898-U03 C4-U03 MINUTES1-U03 4/14/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2004 02 18 CC MIN(Ììž=City Council Minutes February 18. 2004 Page 3 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. BIB] 38091-U01 2004-U02 02-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO42898-U03 C4-U03 MINUTES1-U03 4/14/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2004 02 18 CC MIN(Ììž=City Council Minutes February 18, 2004 Page 4 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. BIB] 38091-U01 2004-U02 02-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO42898-U03 C4-U03 MINUTES1-U03 4/14/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2004 02 18 CC MIN(Ììž=City Council Minutes February 18, 2004 Page 5 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. BIB] 38091-U01 2004-U02 02-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO42898-U03 C4-U03 MINUTES1-U03 4/14/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2004 02 18 CC MIN(Ììž=City Council Minutes February 18, 2004 Page 6 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 BIB] 38091-U01 2004-U02 02-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO42898-U03 C4-U03 MINUTES1-U03 4/14/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2004 02 18 CC MIN(Ììž=City Council Minutes February 18, 2004 Page 7 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. BIB] 38091-U01 2004-U02 02-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO42898-U03 C4-U03 MINUTES1-U03 4/14/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2004 02 18 CC MIN(Ììž=City Council Minutes February 18, 2004 Page 8 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 BIB] 38091-U01 2004-U02 02-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO42898-U03 C4-U03 MINUTES1-U03 4/14/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06