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Home My WebLink About2006 07 19 CC MIN2006 07 19 CC MIN ×PÄ» ˜ö MINUTES CITY OF BALDWIN PARK WEDNESDAY, JULY 19, CITY COUNCIL Map- 2006 + 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor David J. Olivas, Mayor Pro Tern Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco Councilmembers Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER INVOCATION Led by Mayor Pro Tern Ollivas. PLEDGE OF ALLEGIANCE ROLL CALL Present: Councilmember Bejarano, Council Member Garcia via teleconference, Councilmember Pacheco, Mayor Pro Tern Olivas, Mayor Lozano. Absent: None. Also Present: Stephanie Scher, City Attorney, Hennie Apodaca, Interim Finance Director, Manuel Carrillo, Recreation and Community Services Director, Jim Davis, Interim Public Works Director, Matthew Lamb, Community Development Director, Mark Kling, Chief of Police, Maria A. Contreras, City Treasurer, Susan Rubio, City Clerk, Rosemary M. Gutierrez, Chief Deputy City Clerk, Laura Nieto, Deputy City Clerk. ANNOUNCEMENTS Mayor Lozano adjourned the meeting in memory of Dan Trunco, long-time Baldwin Park resident. Council Member Pacheco closed in memory of Elodia Barajas, family member of Baldwin Park resident Gonzalo Vasquez & Baldo Vargas, aunt of City Clerk Rubio. Council Member Bejarano shared his thoughts about Mr. Trunco and the example he set for the members of the community. i PUBLIC COMMUNICATIONS Roy Test, Baldwin Park addressed the Council about the parking situation at the Page 1 of 9 2006 07 19 CC MIN ×PÄ» ˜ö Senior Center. Recreation & Community Services Director Carrillo addressed Mr. Test's concerns. Sara Magano Weathers, Director of Development for the Charles Company thanked the Council and staff for their support of the development of their project at Baldwin Park Boulevard & Francisquito and requested the Council's support on Agend Item #13 regarding the undergrounding of the utilities. John Spinks, Baldwin Park resident addressed the Council on the issue of pedestrian safety on Ramona & Baldwin Park Boulevards and suggested that the residents of the community be reminded that the sidewalks are not for cyclists. He also addressed the Council regarding the number of vehicles at the property of 13856 Bresee at Ramona). Mayor Lozano directed staff to publish the information in the NOW and to have Code Enforcement look into the issue of vehicles at the noted location. Samuel Perdomo, Senior Manager of Governmental Relations at Waste Management introduced himself to the Council. Belinda Martinez, Baldwin Park addressed the Council on the matter of a patio on her property and the misplacement of the permit for the patio. Mayor Lozano referred Ms. Martinez to Associate Planner Lopez to attempt to resolve the matter and requested that an update be reported back to the Council. Mariano Navarro, 4100 Grace Avenue addressed the Council on the issue of the noise made by pigeons or doves at their neighbors residence. Mayor Lozano referred Mr. Navarro to Code Enforcement and Animal Control. Community Development Director Lamb advised the Council of the findings of the Code Enforcement investigation. Council Member Bejarano requested that Code Enforcement re-visit the site and measure the noise level and Mayor Lozano requested that review the bird code and possibly update it. Dolores Holguin, Baldwin Park echoed the issues brought up by Mr. Lamb regarding pedestrian safety and suggested that the bike patrol monitor the bike traffic in the City. Ms. Holguin also commented on the budget session from earlier that evening, specifically the allocation of funds for education & conferences. Fidel Vargas, 14129 Ohio Street also be commented on the parking issue at the Community Center and thanked Community Development Director Lamb for the actions taken regarding the KFC matter. Mr. Vargas also commented on the publication of the public hearing time for the budget meeting. Council Member Bejarano requested that Council Request Item #14 be taken out of order so that Council Member Garcia would not have to remain on the line. Mayor Lozano inquired if Council Member Garcia would mind holding on the line. She did not, so the items would be discussed in the order that they appeared on the agenda. CONSENT CALENDAR Motion: A motion was made to approve Consent Calendar Item Nos. 1 5 with Page 2 of 9 2006 07 19 CC MIN ×PÄ» ˜ö the exception of No. 4) as presented and as follows: Moved by Mayor Lozano, seconded by Councilmember Pacheco. 1.WARRANTS & DEMANDS City Council received and filed the report. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF JULY 19, 2006 TO AUGUST 1, 2006 City Council approved the preparation and presentation of the awards as outlined in staff report. 3. CITY TREASURER REPORT JUNE 2006 City Council received and filed the report. 5. RESOLUTION NO. 2006-045 SETTING RATES FOR RESIDENTIAL AND COMMERCIAL REFUSE RELATED SERVICES City Council waived further reading, read by title only and adopted Resolution No. 2006-045 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, SETTING RESIDENTIAL AND COMMERCIAL REFUSE RELATED RATES." CONSENT CALENDAR ITEM PULLED FOR SEPARATE DISCUSSION 4. RESOLUTION NO. 2006-050 AMENDMENT TO THE BASIC SALARY PLAN Council Member Bejarano inquired if the subject resolution was part of the M.O.U.'s. Chief Kling stated that the resolution reflects a pre-negotiated item in the M.O.U. Council Member Bejarano requested that all personnel matters made in the future contain a more detailed fiscal report. Chief Kling advised the Council that the Interim Human Resources Director would be handling future negotiations and would brief her on the request. Motion: A motion was made to waive further reading, read by title only and adopt Resolution No. 2006-050 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION 2006-012 A BASIC SALARY PLAN FOR THE EMPLOYEES OF THE CITY OF BALDWIN PARK TO AMEND THE BASE SALARY FOR THE POLICE OFFICERS ASSOCIATION AND POLICE MANAGEMENT ASSOCIATION" with the direction to staff to provide financial forecasts of salary changes to Council. Moved by Mayor Pro Tern Olivas, seconded by Councilmember Bejarano. SET MATTERS PUBLIC HEARINGS 6. PUBLIC HEARING TO CONSIDER APPROVAL OF ANNUAL BUDGET FOR FISCAL YEAR 2006-07 Interim Finance Director Apodaca & Management Consultant Bass III presented the budget. The Council was advised that the budget that was before Page 3 of 9 2006 07 19 CC MIN ×PÄ» ˜ö them was balanced and also advised of the restoration of $30,000 in funding for Senior Transportation & an increase to the City Clerk's Department travel & conferences budget. Mayor Lozano opened the Public Hearing for those wishing to speak in favor or opposed. Seeing no interest, the public hearing was closed. Mayor Pro Tern Olivas commented, for the benefit of the audience, the implementation of a reserves / lock box policy and inquired as to a time-line to bring the policy back for approval. Interim Finance Director Apodaca advised that the report would be brought back for consideration at the second meeting in August. Council Member Pacheco requested that the restructuring plan be brought back to the Council for consideration by the first meeting of November. Each of the Council Members thanked their colleagues, the Executive Staff and all of the employees for their work on the budget. Mayor Lozano requested that the budget information be published in the NOW. Motion: A motion was made to approve the Fiscal Year 2006-2007 Budget as amended and waive further reading, read by title only and adopt Resolution No. 2006-041 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2006 AND ENDING JUNE 30,2007." Moved by Mayor Lozano, seconded by Mayor Pro Tern Olivas. 7. PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE BALDWIN PARK MUNICIPAL CODE ESTABLISHING OVERLAY ZONING REGULATIONS FOR CERTAIN REDEVELOPMENT AREAS WITHIN THE CITY; CASE NO.: AZC-156 Community Development Director Lamb presented the report to the Council. Mayor Lozano opened the public hearing for those wishing to speak in favor or in opposition. Seeing no interest, the public hearing was declared closed. Mayor Pro Tern Olivas inquired about the specific uses not being in the Ordinance. Council was provided with a corrected version of the Ordinance that included specific uses. Motion: A motion was made to waive further reading, read by title only and adopt Resolution No. 2006-046 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE ZONING CODE RELATING TO THE ESTABLISHMENT OF OVERLAY REQUIREMENTS FOR THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PLAN AREA AND SUB-AREAS 2 AND 3 OF THE SIERRA VISTA REDEVELOPMENT PLAN PORTION OF THE BALDWIN PARK REDEVELOPMENT PLAN; APPLICANT: CITY OF BALDWIN PARK, CASE NO.: AZC-156" and waive further reading, read by title only and introduce for first reading Ordinance No. 1290 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING PART 5 OF CHAPTER 153 OF THE BALDWIN PARK MUNICIPAL CODE TO ADD Page 4 of 9 2006 07 19 CC MIN ×PÄ» ˜ö PROVISIONS RELATING TO A REDEVELOPMENT OVERLAY; CASE NO.: AZC-156, APPLICANT: CITY OF BALDWIN PARK." Moved by Mayor Lozano, seconded by Councilmember Bejarano. 8. PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S DECISION DENYING A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF AN AUTOMOBILE SERVICE AND REPAIR FACILITY WITHIN THE CM, COMMERCIAL MANUFACTURING ZONE; CASE NO.: CP-731, LOCATION: 15110 RAMONA BOULEVARD, APPLICANT: ALBERT FRITZ EHLERS Council Member Bejarano inquired if the previous action on Item #7 made Item Nos. 8 & 9 moot. City Attorney Scher advised that the Ordinance was introduced for first reading and would not yet be in effect. Mayor Lozano opened the pubic hearings for Item Nos. 8 & 9 and Associate Planner Lopez presented the reports simultaneously. Mayor Pro Tern Olivas requested that Item No. 12 be taken out of order. There were no objections. Motion: A motion was made to uphold the Planning Commission's decision and waive further reading, read by title only and adopt Resolution No. 2006-048 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT, UPHOLDING THE PLANNING COMMISSION'S DECISION, AND DENYING A CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE SERVICE AND REPAIR FACILITY WITHIN THE CM, COMMERCIAL MANUFACTURING ZONE; CASE NO.: CP-731, LOCATION: 15110 RAMONA BOULEVARD, APPLICANT: ALBERT FRITZ EHLERS" with the finding that the use would not be permitted based on Urgency Ordinance No. 1289. Moved by Mayor Pro Tern Olivas, seconded by Mayor Lozano. 9. PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S DECISION DENYING A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF AN AUTOMOBILE SERVICE AND REPAIR FACILITY WITHIN THE CM, COMMERCIAL MANUFACTURING ZONE; CASE NO.: CP-732, LOCATION: 15116 RAMONA BOULEVARD, APPLICANT: ALBERT FRITZ EHLERS Motion: A motion was made to waive further reading, read by title only and adopt Resolution No. 2006-049 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT, UPHOLDING THE PLANNING COMMISSION'S DECISION AND DENYING A CONDITION USE PERMIT TO ALLOW AN AUTOMOBILE SERVICE AND REPAIR FACILITY WITHIN THE CM, COMMERCIAL MANUFACTURING ZONE; CASE NO.: CP-732, LOCATION: 15116 RAMONA BOULEVARD, APPLICANT: ALBERT FRITZ EHLERS" with the finding that the use would not be permitted based on Urgency Ordinance No. 1289. Moved by Mayor Pro Tern Olivas, seconded by Mayor Lozano. ITEM TAKEN OUT OF ORDER 12. URGENCY ORDINANCE NO. 1289 ESTABLISHING A MORATORIUM ON Page 5 of 9 2006 07 19 CC MIN ×PÄ» ˜ö VARIOUS USES WITHIN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND SUB-AREAS 2 & 3 OF THE SIERRA VISTA REDEVELOPMENT AREA OF THE BALDWIN PARK REDEVELOPMENT PLAN Mr. Ehlers expressed his concerns with the action taken by the Council and stated that he was not advised of the moratorium. Community Development Director Lamb advised that the moratorium was an ongoing request and the submission of his application overlapped with the Ordinance. City Attorney Scher provided a site map to the applicant to show him what area would be affected and reiterated that his property was not specifically being targeted. Associate Planner Lopez advised that staff was not aware of the Ordinance at the time the applicant applied for the CUP. Mayor Pro Tern Olivas requested that Mr. Ehlers' $1,000 appeal fee be refunded there were no objections. Council Member Bejarano commented that even though the item was taken out of order in a time-saving effort, the outcome would have still been the same. Motion: A motion was made to waive further reading, read by title only and adopt an urgency Ordinance No. 1289 entitled, AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING A MORATORIUM ON THE ESTABLISHMENT OF VARIOUS USES ON ANY PROPERTY WITHIN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND SUB-AREAS 2 & 3 OF THE SIERRA VISTA REDEVELOPMENT PROJECT AREA OF THE BALDWIN PARK REDEVELOPMENT PLAN, AND DECLARING THE URGENCY THEREOF." Moved by Mayor Lozano, seconded by Councilmember Bejarano. REPORTS OF OFFICERS 10. REVIEW OF COMMISSION APPLICANTS AND CONSIDERATION OF APPOINTMENTS TO FILL THE JUNE 30, 2006 SCHEDULED VACANCIES ON VARIOUS COMMISSIONS; AND THE UNSCHEDULED VACANCY ON THE HOUSING COMMISSION Continued from July 5, 2006) Motion: A motion was made to waive further reading, read by title only and adopt Resolution No. 2006- entitled, A RESOLTUION OF THE CITY COUNCIL and direct staff to re-notice the Housing Commission appointment. Moved by Mayor Pro Tern Olivas, seconded by Mayor Lozano. Council Member Garcia requested that the Planning Commission incumbents be re-appointed. By consensus, all other appointments were continued to the meeting of August 2, 2006. 11. 1st READING OF ORDINANCE NO. 1288 AMENDMENT TO SECTION 53.11 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO CONSTRUCTION AND DEMOLITION DIVERSION DEPOSITS Interim Public Works Director Davis presented the report. Motion: A motion was made to waive further reading, read by title only and Page 6 of 9 2006 07 19 CC MIN ×PÄ» ˜ö introduce for first reading Ordinance No. 1288 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 53.11 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO CONSTRUCTION AND DEMOLITION DIVERSION DEPOSITS." Moved by Mayor Lozano, seconded by Councilmember Garcia. 13. APPEAL OF DECISION BY CITY PLANNER TO DENY A WAIVER FROM THE UTILITIES UNDERGROUNDING REQUIREMENT FOR THE BALDWIN PARK PROMENADE / SIERRA VISTA EXPANSION PROJECT LOCATED AT 3111 BALDWIN PARK BOULEVARD Community Development Director Lamb presented the report. Mylan Garrison, Planning and Redevelopment Consultant on behalf of M & A Gabaee and Arman Gabaee addressed the Council on the item. Council Member Pacheco inquired about the amount of Rule 20 A funds that were available. Interim Public Works Director Davis stated that there are about $470,000 of funding available. In response to an inquiry by Mayor Lozano, Public Works Director Davis stated that the funds may not be available from Edison at this time. Community Development Director Lamb stated that staff could make best efforts to solicit the funding for the developer. Mr. Al Contreras commented on the three different Rule 20 funding sources, and how they can be requested and utilized. Rule 20 B & C monies could be requested by the developer. Mr. Gabaee inquired if that is a reimbursable expense. Staff responded that it was not. City Attorney Scher suggested that the Council adopt a Resolution of Support in an effort to assist the developer in receiving funds. Interim Public Works Director Davis stated that there are currently no projects in the future that would require the use of Rule 20 A funds. Mayor Pro Tern Olivas inquired about the terms of the OPA and DDA and how it would be effected by possible negotiations with Edison. Community Development Director Lamb advised that the opening of the project would not be delayed. Mayor Pro Tern Olivas stated for the record that the Council had recently adopted a balanced budget and that any additional funding allowances could not be made. Council Member Pacheco requested that staff come back to the Council with more information on Edison's position on the matter. City Attorney Scher clarified that the City did not pay for the undergrounding of recent projects in the City. In response to an inquiry by Council Member Bejarano, Interim Public Works Director Davis advised that there would not be any impacts on future projects, as there are none in line at this point. Community Development Director Lamb advised that there are not any other funding sources available to fund the undergrounding. Motion: A motion was made to deny the appeal and uphold the conditions of approval requiring the Developer, M & A Gabaee, to underground the overhead utilities as set forth in CP-675, CP-676, ZV-688 and Tentative Parcel Map No. 1353 and direct staff to make best efforts, in conformance with Southern California Edison and California Public Utilities Commission Rules and Regulations, to utilize Rule 20A funds in an amount not to exceed $250,000 toward the utility undergrounding for the Baldwin Park Promenade / Sierra Vista Expansion Project, with the understanding that additional Redevelopment funds Page 7 of 9 2006 07 19 CC MIN ×PÄ» ˜ö will not be expended. Moved by Councilmember Bejarano, seconded by Councilmember Pacheco. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS 14. REQUEST BY COUNCILMEMBER ANTHONY BEJARANO FOR DISCUSSION ON THE FOLLOWING: ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION GC 54957) Title: Chief Executive Officer B. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE SECTION 54957) 15. REQUEST BY COUNCILMEMBER RICARDO PACHECO FOR DISCUSSION ON THE FOLLOWING: ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION GC 54957) Title: Chief of Police B. CONFERENCE WITH LABOR NEGOTIATOR GC 54957.6) Agency Negotiator: Mayor Manuel Lozano Un-represented Employee: Chief of Police RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION GC 54957) Title: Chief of Police City Attorney Scher reported that this item was to be continued to the next meeting. A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION GC 54957) Title: Chief Executive Officer City Attorney Scher reported that the Council took a vote to reinstate Chief Executive Officer Singhal effective July 24, 2006. The vote was as follows: AYES: Council Members Bejarano, Pacheco and Mayor Pro Tern Olivas; NOES: Council Member Garcia and Mayor Lozano. Motion carried. ADJOURNMENT There being no other matters for discussion, the meeting was adjourned at 10:41 p.m. Page 8 of 9 2006 07 19 CC MIN ×PÄ» ˜ö Approved as presented by the Council at their meeting held August 16, 2006. G r'r l aura M. Nieto Deputy City Clerk Page 9 of 9 BIB] 38960-U01 2006-U02 07-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO84155-U03 DO91926-U03 C4-U03 MINUTES1-U03 8/31/2006-U04 ROBIN-U04