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Home My WebLink About2008 06 04 CC MIN2008 06 04 CC MINHÄ—@¸—‘ Í«MINUTES CITY OF BALDWIN PARK WEDNESDAY, JUNE 04, CITY COUNCIL 0y, 2008 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tern Marlen Garcia, Monica Garcia, Ricardo Pacheco, Council Members 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 Pastor Jackson PLEDGE OF ALLEGIANCE ANNOUNCEMENTS Council member Pacheco congratulated the winners of the June 3rd election and commented to the homeowners regarding Prop 99. Council member Monica Garcia closed on behalf of Inocencio Barajas, her neighbor's father ROLL CALL Present: Councilmember Marlen Garcia, Councilmember Monica Garcia, Councilmember Pacheco, Mayor Pro Tern Bejarano, Mayor Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Joseph W. Pannone, City Attorney, Manuel Carrillo Jr., Director of Recreation & Community Services, William Galvez, Director of Public works, Chief Hadsell, City Treasurer Contreras, City Clerk Rubio, Deputy City Clerk Nieto. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Plaque presentation to Seniors of the Year Victoria Martinez and Maria Valenzuela Mayor Lozano, joined by the Council, City Clerk and Treasurer presented Page 1 of 10 BIB] 39636-U01 2008-U02 06-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO118421-U03 C4-U03 MINUTES1-U03 7/2/2008-U04 ROBIN-U04 2008 06 04 CC MINHÄ—@¸—‘ Í«Victoria Martinez and Maria Valenzuela with plaques in recognition of being named Seniors of the Year Certificate presentation to Keep Baldwin Park Beautiful" volunteers Council member Monica Garcia, joined by the Mayor, Council, City Clerk and Treasurer presented certificates to the Keep Baldwin Park Beautiful" volunteers Mayor Lozano requested that the names and pictures of the volunteers be printed in the next issue of the NOW Certificate presentation to Sierra Vista High School student winners of the Lexus Environmental Challenge" Council member Marlen Garcia, joined by the Mayor, Council, City Clerk and Treasurer presented the students and instructor with certificates Mayor Lozano requested that photos of the students be placed in the next issue of the NOW PUBLIC COMMUNICATIONS Thomas Carey, resident spoke about budget and other issues Greg Tuttle, business owner spoke about the release of the Police report regarding School board member Corona, as well as the recent appointment of Chief Hadsell. He also commented on various matters regarding the Mayor and Council. Daniel Rivas, resident spoke in opposition to the proposed revitalization project Rafael Gonzalez, Baldwin Park Library Manager announced upgrades and improvements to the libraries in the county that will benefit those who visit. He also announced the kick-off of the annual summer reading program and invited parents to sign up their children to participate. He invited the Council to the event Council member Marlen Garcia invited the mobile library to an upcoming Concert in the Park event Cruz Baca Simbello read a letter from the California Alliance to Protect Private Property Rights to the Council regarding the passage of Proposition 99 Gail Zauss, commented on the passage of Proposition 98 and other various issues related to redevelopment James Treasure, resident addressed issues of his residency and comments made by the Mayor in a recent newspaper article Carol Woods, resident/business owner commented about resources and further stated that she and her husband are not negotiating with the city for their business Marco Rosas, resident requested that Council member Marlen Garcia Page 2 of 10 BIB] 39636-U01 2008-U02 06-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO118421-U03 C4-U03 MINUTES1-U03 7/2/2008-U04 ROBIN-U04 2008 06 04 CC MINHÄ—@¸—‘ Í«acknowledge the comments being made by the members of the audience. Cece Lee, business owner commented on the recently approved proposition and how it is going to affect the city. She is concerned with the people in Baldwin Park and that they not be taken advantage of Ken Woods, resident/business owner spoke about previous comments made by Mayor Pro Tern Bejarano Rebecca Rodriguez, resident commented about the demeanor of the Council towards those in the audience. She further addressed the actions of a school board member and the Mayor's past endorsement of the individual. Inquired as to the Council's position on the resignation and/or removal of this board member. She further commented on the actions of a teacher in the District and requested the support of the Council. Joseph Dejulia, resident acknowledged that citizens do care about where they live. He also commented on the actions of Council member Marlen Garcia Daniel Rojas, resident commented the injustices that he perceives in the city. Further commented about the pride he felt about the Mayor and how he now felt insulted about comments made recently in a newspaper article. Rosalva Alvarez, resident/business owner commented about her friendships with the Mayor and Council member Marlen Garcia and the emotions that she is feeling. She also commented on the way her comments were perceived in a recent newspaper article. Amelinda Bes, resident commented on the proposed redevelopment project and how the small businesses contribute to the city. Al Contreras, resident commented about the division in the community. He felt that the city needs to reunite and work together to find answers Olivia Baca Davidson, resident reiterated that those being effected want to see change and asked that the Council reconsider their actions with regards to the proposed redevelopment project. She requested that the Council work with the people Marie Jimenez and daughter, residents felt that it's not fair for the city to take their homes. Ms. Jimenez expressed that her house is not for sale. Public Communications were closed at 8:20 p.m. Council member Pacheco commented that he did not condone the actions of school board member Corona and believed that he needed to step down from office. Encouraged the residents to go to the board and address this issue. Mayor Lozano stated that the board is separate from the City Council and that Board Member Corona should step down. He requested that a recording of the comments from Ms. Rodriguez be sent to the board. Page 3 of 10 BIB] 39636-U01 2008-U02 06-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO118421-U03 C4-U03 MINUTES1-U03 7/2/2008-U04 ROBIN-U04 2008 06 04 CC MINHÄ—@¸—‘ Í«Mayor Pro Tem Bejarano the residents to go to the board as the City Council did not have authority over the board. Mayor Pro Tern Bejarano addressed comments of Mr. Wood regarding eminent domain. He further commented on the sentiments being felt by the residents of the city, specifically those who are being affected by the proposed redevelopment project. He emphasized that he and the Council have all listened and heard the concerns of the public. CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Councilmember Marlen Garcia, seconded by Mayor Lozano. 1. WARRANTS AND DEMANDS City Council received and filed the report. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF JUNE 4, 2008 TO JUNE 17, 2008 City Council approved the preparation and presentation of the plaques, proclamations, and certificates as outlined in the staff report. 3. MINUTES City Council approved the minutes of the May 21, 2008 meeting regular.) 4. RESOLUTION 2008-037 AMENDMENT TO JOINT POWERS AGREEMENT WITH THE INDEPENDENT CITIES LEASE FINANCE AUTHORITY ICLFA) City Council waived further reading, read by title only and adopted Resolution No. 2008-037 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AMENDMENT NO. 7 TO JOINT POWERS AGREEMENT WITH THE INDEPENDENT CITIES LEASE FINANCE AUTHORITY AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO." 5. REQUEST TO CONTINUE THE CONSIDERATION OF THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AZC-160 AND CP-750 City Council continued consideration of the Negative Declaration of Environmental Impact for AZC-160 and CP-750 to a date uncertain and when the public hearing for the entitlements is held. 6. ESTABLISHMENT OF COST RECOVERY PROGRAM RELATED TO BOOKING FEES City Council waived further reading, read by title only and adopted Resolution No. 2008-038 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHING CERTAIN FEES FOR POLICE Page 4 of 10 BIB] 39636-U01 2008-U02 06-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO118421-U03 C4-U03 MINUTES1-U03 7/2/2008-U04 ROBIN-U04 2008 06 04 CC MINHÄ—@¸—‘ Í«RELATED SERVICES FOR THE PROCESSING AND TEMPORARY HOUSING OF ARRESTEES." 7. AUTHORIZATION TO PURCHASE POLICE DEPARTMENT VEHICLES WITH FEDERAL ASSET FORFEITURE FUNDS City Council 1) waived the formal bidding process pursuant to 34.37 of the Baldwin Park Municipal Code on seven vehicles, 6 vehicles) as existing contracts already exist with other governmental agencies, and 1) vehicles per 34.23(C) Baldwin Park Municipal Code; 2) waived the formal bidding process for the purchase and installation of the emergency equipment on all the vehicles purchased pursuant to 34.23(C); 3) authorized the Police Department to work in conjunction with the Public Works Department to purchase all new vehicles through existing contract or joining in the Alameda County purchasing contracts; 4) directed the Chief of Police to work in conjunction with the Interim Finance Director to complete a budget appropriation for the amount not to exceed $271,653.36 from account 112.00.4210 to account 130.58.5745 and designate $271,653.36 for restricted purchase of the new Police Department vehicles; and 5) authorized the Chief of Police, or her designee, to complete all appropriate documentation to complete the purchases. 8. CERTIFICATION OF COMMUNITY HOUSING DEVELOPMENT ORGANIZATION'S CHDO's) AND APPROVAL OF AFFORDABLE HOUSING AGREEMENTS Council member Pacheco complimented staff on their outreach on this matter. City Council 1) certified LINC Housing, Immanuel House of Hope and TELACU as CHDO's for the City of Baldwin Park and did not pursue the LOI submitted by Oldtimers Housing Development Corp; 2) directed the City Attorney to prepare Service Agreements with LINC Housing, Immanuel House of Hope and TELACU allocating an amount not to exceed $1,000,000 amongst each CHDO for affordable housing projects as identified in the report; and 3) authorized the Chief Executive Officer to execute the Agreements upon completion and approval by the City Attorney. SET MATTERS PUBLIC HEARINGS 9. PUBLIC HEARING TO CONSIDER AN EXTENSION OF AN EXISTING MORATORIUM ON THE ESTABLISHMENT OF MEDICINAL MARIJUANA DISPENSARIES City Planner Harbin presented a report to the Council. Mayor Lozano opened the public hearing for those in favor or opposed. Seeing no interest the public hearing was closed. Council member Pacheco expressed his support of this item. Motion: 1) adopt Report of Measures taken to alleviate the conditions that led to the adoption of Ordinances 1305 and 1307" and 2) waive further reading, read by title only and adopt Ordinance No. 1318 entitled, AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK Page 5 of 10 BIB] 39636-U01 2008-U02 06-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO118421-U03 C4-U03 MINUTES1-U03 7/2/2008-U04 ROBIN-U04 2008 06 04 CC MINHÄ—@¸—‘ Í«DECLARING A MORATORIUM ON THE ESTABLISHMENT OF MEDICINAL MARIJUANA DISPENSARIES WITHIN THE CITY OF BALDWIN PARK." Moved by Mayor Lozano, seconded by Councilmember Marlen Garcia. 10. PUBLIC HEARING TO CONSIDER SPECIFIC PLAN SP 08-01), DEVELOPMENT PLAN DR-37), ZONE CHANGE Z-552), CONDITIONAL USE PERMIT CP-760) AND A TENTATIVE TRACT MAP TM-61747) FOR THE FACILITATION OF A MULTI-FAMILY RESIDENTIAL DEVELOPMENT LOCATION: 3427-3421 BALDWIN PARK BOULEVARD; APPLICANT: D.C. CORPORATION Associate Planner Lopez presented the report Mayor Lozano opened the public hearing for those wishing to speak in favor or opposition. Thomas Carey, resident questioned the cost of the street light installation and who would pay for it. Ken Woods, resident/business owner inquired how many units were on the property originally. Mayor Lozano responded that it was previously a trailor park. Cruz Baca Simbello, resident expressed her concern about the density and floorplans of the proposed units. She felt it would not be easy for seniors to move through these homes. Requested that that be taken into consideration. Director Galvez stated that based on the incremental data, the signal was warranted. Fifty percent paid by applicant would make the city competitive for a grant Seeing no further interest, the public hearing was closed Council member Marlen commented about the congestion in that area due to pedestrian traffic from the schools. She felt that the city should incur the cost if it could potentially save the lives of students and pedestrians. She supported the traffic signal in that intersection. In response to an inquiry from Council member Monica Garcia, Associate Planner Lopez stated that all utilities will be undergrounded. Council member Monica Garcia commented about the proposed landscaping requested that it reflect what is in the renderings Council member Pacheco inquired if there would be a HOA. Staff responded that there would be a Homeowners Association, however the project will not be gated. Council member Monica inquired about the floor plans and square footage Page 6of10 BIB] 39636-U01 2008-U02 06-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO118421-U03 C4-U03 MINUTES1-U03 7/2/2008-U04 ROBIN-U04 2008 06 04 CC MINHÄ—@¸—‘ Í«Council member Pacheco inquired about the maintenance those requirements are part of the CC&R. Council member Monica Garcia inquired about balcony storage staff responded that it's regulated by the CC&R. Council member Pacheco inquired about storage space in the residences Associate Planner Lopez responded that there is storage and walk-in closets In response to a request from Mayor Lozano, Applicant Craig Cook stated that the project is slated to being in the very new future, June 18th specifically. Motion: waive further reading, read by title only and adopt Resolution No. 2008-033 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A SPECIFIC PLAN, DEVELOPMENT PLAN, ZONE CHANGE TO ADD A SPECIFIC PLAN OVERLAY, CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP, WHICH WILL ALLOW FOR A MULTI-FAMILY RESIDENTIAL DEVELOPMENT ON THE PROPERTY LOCATED AT 3427-3441 BALDWIN PARK BOULEVARD APPLICANT: D.C. CORPORATION; CASE NO. SP 08-01, DR-37, Z-552, CP- 760 AND TM-61747)"; waive further reading, read by title only and introduce for first reading Ordinance No. 1319 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A ZONE CHANGE TO ADD THE SPECIFIC PLAN OVERLAY APPLICABLE TO THE PROPERTY LOCATED AT 3427-3441 BALDWIN PARK BOULEVARD WHICH WOULD ALLOW FOR THE CONSTRUCTION OF A MULTI-FAMILY RESIDENTIAL DEVELOPMENT CASE NO.: Z-552; LOCATION: 3427-3441 BALDWIN PARK BOULEVARD; APPLICANT: D.C. CORPORATION)" and waive further reading, read by title only and adopt Resolution No. 2008-034 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE SPECIFIC PLAN AND DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF A MULTI-FAMILY RESIDENTIAL DEVELOPMENT CASE NO.: SP 08-01, DR-37, CP-760 AND TM-61747; LOCATION: 3427-3441 BALDWIN PARK BOULEVARD; APPLICANT: D.C. CORPORATION.)" Moved by Mayor Lozano, seconded by Mayor Pro Tem Bejarano. REPORTS OF OFFICERS 11. SELECTION AND APPROVAL OF THE PARK BANNER BEAUTIFICATION PROGRAM Continued from May 21, 2008) Director Carrillo presented the report and the banner renderings to the Council Mayor Pro Tem Bejarano inquired about the fiscal impact of the banner program. Director Carrillo stated that it was approximately $7500. In response to an inquiry from Council member Pacheco, Director Carrillo responded that seeking sponsorship opportunities from local businesses may delay the implementation of the banners. Councilmember Pacheco requested that sponsorship opportunities be sough concurrently with the implementation of the banners. Page 7 of 10 BIB] 39636-U01 2008-U02 06-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO118421-U03 C4-U03 MINUTES1-U03 7/2/2008-U04 ROBIN-U04 2008 06 04 CC MINHÄ—@¸—‘ Í«Council member Marlen expressed support of the banners for a department that many members of the community participate in. Director Carrillo stated that funds were being raised by the sale of hot dogs at WalMart for department and commission related projects but that if the Council desired, those funds could be used towards the beautification banners. Mayor Pro Tern Bejarano stated support of the program but that his preference would be to have sponsorships cover the expense of this program to avoid reduction in services. By Council consensus, staff was directed to seek sponsorships for the banner beautification program and bring back to a future Council meeting. 12. REVIEW OF COMMISSION APPLICANTS AND CONSIDERATION OF APPOINTMENTS AND/OR REAPPOINTMENTS TO FILL THE JUNE 30, 2008 SCHEDULED VACANCIES Continued from May 21, 2008) 1) Take nominations and adopt Resolution No. 2008-029 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 2007-058 APPOINTING INDIVIDUALS TO THE PERSONNEL COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY: APPOINTMENT DEFERRED TO OFFICE NO. 1 FOR A TERM EXPIRING JUNE 30, 2010; and TO OFFICE NO. 2 FOR A TERM EXPIRING JUNE 30, 2010; and defer the appointment to Office No. 1 and direct staff to re-publish the Notice of Vacancy and bring back to a future meeting for Council consideration of appointment; AND 2) Take nominations and adopt Resolution No. 2008-030 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 2008-010, APPOINTING INDIVIDUALS TO THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY: TO OFFICE NO. 3 FOR A TERM TO JUNE 30, 2010; and TO OFFICE NO. 4 FOR A TERM TO JUNE 30, 2010; and TO OFFICE NO. 5 FOR A TERM TO JUNE 30, 2010; AND 3) Take nominations and adopt Resolution No. 2008-031 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 2007-030 APPOINTING INDIVIDUALS TO THE RECREATION AND COMMUNITY SERVICES COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY: TO OFFICE NO. 1 FOR A TERM TO JUNE 30, 2010; AND TO OFFICE NO. 2 FOR A TERM TO JUNE 30, 2010; AND TO OFFICE NO. 3 FOR A TERM TO JUNE 30,2010; AND TO OFFICE NO. 6 SVHS STUDENT COMMISSIONER) FOR A ONE-YEAR TERM EXPIRING JUNE 30, 2009; AND APPOINTMENT DEFERRED TO OFFICE NO. 7 BPHS STUDENT COMMISSIONER) FOR A ONE-YEAR TERM EXPIRING JUNE 30, 2009; AND Page 8 of 10 BIB] 39636-U01 2008-U02 06-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO118421-U03 C4-U03 MINUTES1-U03 7/2/2008-U04 ROBIN-U04 2008 06 04 CC MINHÄ—@¸—‘ Í« APPOINTMENT DEFERRED TO OFFICE NO. 8 NPHS STUDENT COMMISSIONER) FOR A ONE-YEAR TERM EXPIRING JUNE 30, 2009" and defer the appointments to Office Nos. 7 and 8 pending receipt of letters of recommendation and direct staff to bring back to a future meeting for Council consideration of appointment Motion: Table to the meeting of June 18, 2008 Moved by Mayor Lozano, seconded by Councilmember Pacheco. CITY COUNCIL/ CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Council member Monica Garcia announced an upcoming event being hosted by Home Depot. Mayor Pro Tern Bejarano addressed the upkeep and status of equipment at Barnes Park and Walnut Creek Park. Council member Monica Garcia commented on the speed feedback sign at Pleasant View and on speed studies. She further requested that a crossing guard be assigned at Pleasant View. Request by Councilmember Ricardo Pacheco for discussion on the following: * Request to re-evaluate the Construction & Demolition C&D) ordinance excessive fees and establishment of a reasonable refund policy Council member Pacheco requested review of the C&D ordinance at the second meeting of July Council member Pacheco also requested re-evaluation of the redevelopment program, excluding Palmdale to Clark Street. He also inquired about programs for minorities and women. He further inquired about the developer's plan to relocate businesses. Mayor Lozano congratulated City Treasurer Contreras' on her 20th wedding anniversary. He also announced the upcoming wedding of former commissioner Rafael Garcia. Mayor Pro Tern Bejarano requested status of traffic report and stop sign study from the Public Works Department for the next meeting. ADJOURNMENT There being no other matters for discussion the meeting was adjourned in memory of Inocencio Barajas at 9:10 p.m. Approved as presented by the Council at their meeting held June 18, 2008. Page 9 of 10 BIB] 39636-U01 2008-U02 06-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO118421-U03 C4-U03 MINUTES1-U03 7/2/2008-U04 ROBIN-U04 2008 06 04 CC MINHÄ—@¸—‘ Í«wra 2A~ Laura M. Nieto Deputy City Clerk Page 10 of 10 BIB] 39636-U01 2008-U02 06-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO118421-U03 C4-U03 MINUTES1-U03 7/2/2008-U04 ROBIN-U04