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Home My WebLink About2007 11 07 CC MIN SS2007 11 07 CC MIN SSÄ—@¸—áÍ«MINUTES CITY OF BALDWIN PARK CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION WEDNESDAY, NOVEMBER 07, 2007 6:00 p.m. ROOM 307 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Marlen Garcia, Mayor Pro Tern Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Councilmember Bejarano, Mayor Pro Tern Garcia, Mayor Lozano. Absent: Councilmember Olivas, Councilmember Pacheco. Also Present: Marc Castagnola, William Galvez, Mike Taylor, Manny Carrillo, Stephanie Scher, Vijay Singhal, Maria Contreras, Susan Rubio. Councilmember Olivas arrived at 5:35 p.m. PUBLIC COMMUNICATIONS Thomas Carey, resident, spoke about vendors on public sidewalks and sidewalks. He inquired if there was a way to deal with illegal individuals that could be incorporated into the new ordinance. REPORTS OF OFFICERS 1. VENDORS IN PARKING AREAS AND ON SIDEWALKS City Attorney Scher presented the report noting that presented to the council this evening are alternatives to control vendors in parking areas and on sidewalks and provide instruction as to which alternative(s) to adopt. There are two ordinances presented. The first is an ordinance which pertains only to parking lots. It limits the permitted uses of such areas to those for which they were developed the parking of vehicles and accessing of buildings served by the parking areas. All other uses are prohibited, therefore eliminating the constitutional issue of distinguishing out solicittion as a prohibited use. This proposed ordinance, would apply to all commercially and industrially zoned properties and to any property zoned residential or open space which is used for other than a residential purpose e.g., as a parking lot for adjacent commercial Page 1 of 4 BIB] 39482-U01 2007-U02 11-U02 07-U02 CC-U02 MIN-U02 SS-U02 LI1-U03 FO8420-U03 FO112462-U03 DO112903-U03 C4-U03 MINUTES1-U03 2/4/2008-U04 ROBIN-U04 2007 11 07 CC MIN SSÄ—@¸—áÍ«uses or an institutional use such as a day care center). The limitation on permitted uses does not apply to any legal activity occurring inside a vehicle, or to any portion of a parking area which is designated for pedestrian use and physically separated from vehicle transit by a curb, railing, landscaping, etc. There are also exceptions for emergencies, maintenance, and uses permitted through development permits, such as outdoor displays, or mandated by law, such as certain unionization activities. Councilmember Bejarano liked the suggestion to bring the 1st one first and it will give the Police Department an opportunity to formulate a plan and if there are any consequences the City would be better equipped to handle. Mayor Pro Tern Garcia stated that this an ordinance that other cities are using. City Attorney Scher commented that there are a variety of ordinances. The City of Lake Forest made it easy to call the Police Department and file a trespessing report. Tresspassing laws are more stringent. This type of Ordinance has resisted challenge. The City of Vista had taken a different approach day laborers have to come and register; procedure is simple. City has name and address, etc. Chief Lopez expressed concern with the enforcement aspect. The City could bypass the District Attorney's Office and hire a City prosecutor to handle those cases only. Councilmember Bejarano stated that the City could hire 2nd and 3rd year lawyers to do the work part-time. City Attorney Scher advised that she would speak with the firm's partners. Chief Lopez stated that he would prefer to use the City Attorney versus the District Attorney's office. Councilmember Olivas stated that since there had never been a challenged ordinance on this, there was no reason that this one would not be challenged. City Attorney Scher statedthat this ordinance should not be confused with Home Depot setting up on their site. A number of amendments would have to be made to the zoning code to allow for this activity. Councilmember Bejarano inquired as to the penalties. An infraction would be $100 for the first; $200 for the 2nd, within a twelve-month period; and then $500 within a twelve-month period infraction, misdemeanor or wobbler). Motion: A motion was made to bring back Ordinance No. 1 for first reading on November 28, 2007 and for second reading on December 5, 2007. Councilmember Olivas objected. Moved by Mayor Lozano, seconded by Councilmember Bejarano. Vote: Motion carried 3-1. Ayes: Councilmember Bejarano; Mayor Pro Tern Garcia; Mayor Lozano Noes: Councilmember Olivas Absent: Councilmember Pacheco ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION 2. CONFERENCE WITH LABOR NEGOTIATOR GC 54957.6) Agency Page 2 of 4 BIB] 39482-U01 2007-U02 11-U02 07-U02 CC-U02 MIN-U02 SS-U02 LI1-U03 FO8420-U03 FO112462-U03 DO112903-U03 C4-U03 MINUTES1-U03 2/4/2008-U04 ROBIN-U04 2007 11 07 CC MIN SSÄ—@¸—áÍ«Negotiators: Vijay Singhal, Chief Executive Officer; Richard Kreisler and other representatives as designated Employee Organizations: SEIU, and Baldwin Park Police Officer's Association 3. PUBLIC EMPLOYEE APPOINTMENT GC 54957) Title: City Attorney 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS GC 54957) Title: Chief of Police Title: Recreation & Community Services Director Title: Public Works Director 5. CONFERENCE WITH LABOR NEGOTIATOR GC 54957.6) Agency Negotiator: Vijay Singhal, Chief Executive Officer Un-represented Employees: Chief of Police, Recreation & Community Services Director and Public Works Director *6. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION GC 54956.9(a)) a)Name of Case: People ex rel. Department of Transportation v. Mobile Home Group I, L.P., Baldwin Park Redevelopment Agency, et.al. Case Number: Los Angeles Superior Court Case No. BC376770 b) Name of Case: People ex rel. Department of Transportation v. J.O. Steiny and Nancy T. Steiny, Trustees of the La Cazalda Trust dated November 21, 2989; Baldwin Park Redevelopment Agency, et al. Case Number: Los Angeles Superior Court Case No. BC379254 *7. CONFERENCE WITH REAL PROPERTY NEGOTIATOR GC 54956.8) Properties: Properties located within the Proposed Downtown Revitalization Area Negotiators: Vijay Singhal, Stephanie Scher and Joseph Pannone Negotiating Parties: Bisno Development Company, LLC Under Negotiation: Price & terms of conveyance of property RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION City Attorney Scher reported that direction was given and that there was nothing further to report. ADJOURNMENT There being no other matters for discussion, the meeting was adjourned at 7:00 p.m. Page 3 of 4 BIB] 39482-U01 2007-U02 11-U02 07-U02 CC-U02 MIN-U02 SS-U02 LI1-U03 FO8420-U03 FO112462-U03 DO112903-U03 C4-U03 MINUTES1-U03 2/4/2008-U04 ROBIN-U04 2007 11 07 CC MIN SSÄ—@¸—áÍ«Approved as presented by the Council/Commission at their meeting held November 28, 2007. Laura M. Nieto Deputy City Clerk Page 4 of 4 BIB] 39482-U01 2007-U02 11-U02 07-U02 CC-U02 MIN-U02 SS-U02 LI1-U03 FO8420-U03 FO112462-U03 DO112903-U03 C4-U03 MINUTES1-U03 2/4/2008-U04 ROBIN-U04