HomeMy WebLinkAbout2001 08 15 CC MIN2001 08 15 CC MINòw @˜ ‡ R 2001 08 15 CC MINZFäZHsÖ 2001 CC MIN 08-15-2001Hnª COUNCIL CHAMBER AUGUST 15, 2001
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: Council Members: Marten Garcia, Bill Van Cleave, Ricardo Pacheco, Mayor Pro-Tern
Linda Gair, and Mayor Manuel Lozano
Also Present: Arnold Alvarez-Glasman, City Attorney; Dayle Keller, Chief Executive Officer; Mark
Kling, Chief of Police; Jose Sanchez, Finance Director; Shafique Nayier, Public Works Director;
Rick Forintos, Community Development Director; Manny Carrillo, Recreation/Community Services
Director; Maria A. Contreras, City Treasurer; Kathryn Tizcareno, City Clerk and Rosemary M.
Ramirez, Chief Deputy City Clerk
ANNOUNCEMENTS
At the request of Mayor Pro Tern Gair, Attorney Alvarez-Glasman provided information regarding
the proposed fireworks ballot measure, stating that the Elections Code establishes the deadline for
withdrawing measures from the ballot. At this point, the deadline to withdraw expired at 5 p.m. this
same date.
Councilmember Garcia introduced Sergio Quesada, Councilmember of Tototlan.
Mayor Lozano introduced Covina Councilwoman Melanie Hall.
PROCLAMATIONS, PRESENTATIONS AND COMMENDATIONS
Mayor Manuel Lozano was joined by the City Council in presenting the following:
Oath of Office and Certificates of Appointment were presented to Housing Commissioners Oscar
B. Marin, Gloria Gonzalez and Margarita B. Vargas.
Director Carrillo introduced newly appointed employee, Armando Nava, Recreation and
Community Services Program Coordinator.
A distinguished Service Award was presented to Claire Levine, Assistant Librarian, Baldwin Park
Library, for her 23 years of dedicated service to the citizens of the City of Baldwin Park.
PUBLIC COMMUNICATIONS
PROPOSED FIREWORKS MEASURE
The following persons spoke in opposition to the placement of the fireworks measure on the
November ballot: Martha Morales, President for the Baldwin Park American East Side Little
League; William Smith, Dorothy Harper, President of the Mid Valley Democratic Club; Andrew
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Gomez, President of Baldwin Park Roadrunners; Sandy Priest, Director of the Silhouettes, Baton &
Drum Corp; Levi Richards, Representative of Lions Club; Susan Van Cleave, Representative of
Baldwin Park Beautiful; Dan Trunco; Larry Walton, Representative for Kiwanis; Raul Reyes,
Representative of Lions Club.
Ms. Margarita Vargas, 14129 Ohio Street, stated that since she moved to Baldwin Park, she has
enjoyed the legal fireworks with her children; however, the situation has gotten worse year after
year. She expressed concern with the quantity of illegal fireworks that are ignited and inquired as
to how the city will proceed with enforcement on these in the future.
Mayor Pro Tern Gair stated that the Council made a decision to get community input by giving this
matter back to the people and placing this on the ballot. The City Council is allowed this process
by law. The Elections Code does not require that a public hearing be held in order to call an
election. This Council operated under the Election Code and called a Special Election to let the
community vote. Having processed the fireworks applications for the various organizations and as
an eighteen year City Clerk of the City of Baldwin Park, Mayor Pro Tern Gair stated that she is
aware of the amounts raised as well as the amount of revenue made by the firework companies.
That matter is not the point here. Our placing this on the ballot is in response to the
communications the City Council had received regarding placing a ban on fireworks. There are
other people in the City other than non-profits. Mayor Pro Tern Gair acknowledged that these
organizations need the funds and has in the past; worked for various organizations to raise funds
while her children were involved in various activities. Mayor Pro Tern Gair also stated that the
time frames for conducting and/or calling election is not established by the City Council. These
dates are determined by the California Elections Code. Mayor Pro Tern Gair further stated that the
action by the City Council was not targeted at non-profit organizations. The point being is that
there are people in the community who also want a voice. She continued by stating that ironically,
a representative from one of the fireworks company has contacted her in an effort to negotiate
terms that would make it better in Baldwin Park next 4th of July. As a result of this action, there is
some good that will come out of this. If the measure is voted down, Mayor Pro Tern Gair stated
that she would work with the firework companies to further address zero-tolerance and provide
additional education to our community.
Councilmember Van Cleave expressed disappointment that this matter was not discussed with him
or with the community prior to the Council's decision to place on the ballot. He feels that the
community should have been involved. Notices should have been placed in the NOW.
Information should have provided to everyone in advance. He expressed opposition to spending
$25,000 on this election.
Mayor Lozano stated that he opposed to placing this matter on the ballot and that he understands
how competitive it is for the various organizations to raise money. Mayor Lozano further stated
that if the measure is defeated in November, that the City needs to have safety and enforcement
measures in place. Mayor Lozano concurred with Mayor Pro Tern Gair stating that the Council
has the authority to place matters on the ballot, however the deadline for certain actions, such as
removing the measure from the ballot, is established by state law.
SIGNAL REQUEST- CAUAS & BALDWIN PARK BOULEVARD
Amanda Serrato, inquired about the petition submitted requesting the installation of a signal light at
Baldwin Park Boulevard and Calias Street.
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Mayor Lozano offered his support to Ms. Senate to provide the petition signers information that the
County and State regulate the placement of signal lights. He also suggested that she contact her
state legislators regarding the existing regulations.
PARKING ISSUE- NUBIA & BALDWIN PARK BOULEVARD
Ms. Serrato also spoke about a parking problem on Nubia & Baldwin Park Boulevard, stated that a
disabled resident is having difficulty in gaining access to her home due to a red curb in front of her
home. Ms. Serrato also questioned the placement of a stop sign at Nubia & Baldwin Park
Boulevard.
SIGNAGE ISSUE- JEREMY STREET
Bertha Saverna, 14800 Jeremy Street, expressed concern that Jeremy Street does not have stop
signs or speed limit signs posted in the area. She also requested installation of a No Outlet" sign
at the street entrance. She requested that this matter be reviewed.
CONSENT CALENDAR
City Clerk Tizcareno presented the Consent Calendar as follows:
CONSENT CALENDAR APPROVED
A motion was made to approve Consent Calendar Items A- I as presented, and as follows:
MOTION: Councilmember Pacheco SECOND: Mayor Pro Tern Gair Motion Carried)
MINUTES
The Minutes of July 18, 2001, and August 1, 2001, were approved as presented.
CLAIMS & DEMANDS
Further reading was waived and Resolution No. 2001-090 entitled, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS AND DEMANDS
AGAINST THE CITY OF BALDWIN PARK', was adopted. Councilman Bill Van Cleave abstained
on all warrants to Mr. Bills Hardware financial conflict of interest).
TREASURER'S REPORT
Treasurer's Report for the month of July, 2001, was received and filed.
RESOLUTION APPROVING PROGRAM SUPPLEMENT NO. M004 AND ADMINISTERING
AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECT NO. 07-5323 FOR THE
CONSTRUCTION OF SIDEWALKS ON VARIOUS STREETS
Further reading was waived, read by title only and Resolution No. 2001-089 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING
PROGRAM SUPPLEMENT NO. M004 AND ADMINISTERING AGENCY-STATE AGREEMENT
NO. 07-5323 FOR THE IMPROVEMENT OF VARIOUS CITY STREETS," was adopted.
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2001 08 15 CC MINòw @˜ ‡ R 2001 08 15 CC MINZFäZHsÖ 2001 CC MIN 08-15-2001Hnª City Council Minutes August 15, 2001 Page 4
AWARD OF CONTRACT FOR THE DESIGN OF OFF-SITE PUBLIC IMPROVEMENTS FOR THE
BALDWIN PARK MARKETPLACE
The City Council awarded the design contract to B & E Engineers in the amount of $53,600 for the
Baldwin Park Marketplace off-site public improvements. The Mayor was authorized to execute the
Agreement. The Director of Public Works was authorized to execute any necessary change
orders in an amount not to exceed ten percent 10%) of the original contract amount.
APPEAL FOR TENTATIVE PARCEL MAP NO. 1322 Continued from 8/1/01)
Mr. Tien Dzen Shen, Owner/Appellant, has withdrawn his appeal and the application for
subdivision of Tentative Parcel Map No. 1322. Report was received and filed.
MEMORANDUM OF UNDERSTANDING FOR THE S.E.I.U. LOCAL UNIT OF MAINTENANCE
EMPLOYEES' GROUP FOR THE PERIOD OF JULY 1, 2001 THROUGH JUNE 30, 2003
The City Council ratified the Memorandum of Understanding for the S.E.I.U. Local Unit of
Maintenance Employees' Group.
ADDENDUM TO THE CURRENT MEMORANDUMS OF UNDERSTANDING FOR THE
CLASSIFIED MANAGEMENT EMPLOYEES' ASSOCIATION AND THE CLASSIFIED
CONFIDENTIAL EMPLOYEES' ASSOCIATION EXTENDING THE TERM TO JUNE 30, 2003
AND ADDING ADDITIONAL PROVISIONS
The City Council ratified the Addendum to the current Memorandums of Understanding for the
Classified Management Employees' Association and the Classified Confidential Employees'
Association.
RESOLUTION AMENDING THE SALARY RANGES FOR S.E.I.U. LOCAL UNIT OF
MAINTENANCE EMPLOYEES' GROUP, THE CLASSIFIED MANAGEMENT EMPLOYEES'
ASSOCIATION AND THE CLASSIFIED CONFIDENTIAL EMPLOYEES' ASSOCIATION; AND
ESTABLISH THE SALARY FOR THE POSITION OF CHIEF OF POLICE.
Further reading was waived, read by title only and Resolution 2001-091 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING
RESOLUTION 2001-082 A BASIC SALARY PLAN FOR THE EMPLOYEES OF THE CITY OF
BALDWIN PARK Chief of Police, S.E.I.U Local 347 General Unit of Maintenance Employees,
Classified Confidential Employees and Classified Management Employees)," was adopted.
PUBLIC HEARINGS
PUBLIC HEARING TO CONSIDER ADOPTING THE FINAL ENVIRONMENTAL IMPACT
REPORT FOR THE BALDWIN PARK MARKETPLACE 24-ACRE SITE); LEWIS RETAIL AND
THE BALDWIN PARK REDEVELOPMENT AGENCY CO-APPLICANTS)
Principal Planner Harbin presented the report as follows:
This report requests the City Council's consideration of a request for the certification of the Final
Environmental Impact report for the Baldwin Park Marketplace. This certification will allow for the
development of an up to 260,000 square foot commercial power center on 24 acres within the
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Freeway Commercial FC) Zone, pursuant to Sections 153.150 through 153.154 of the Baldwin
Park Municipal Code.
The subject area is bounded by the San Bernardino 1-10) Freeway to the south, Big Dalton
Avenue to the west, Puente Avenue to the east and Merced Avenue to the north. The existing
uses consist of a mix of residential units and commercial businesses. This area is part of the
larger 477-acre Sierra Vista Redevelopment Project Area. The City Council and the
Redevelopment Agency at a joint meeting will also consider the Disposition and Development
Agreement DDA) for this project. The DDA is between the Agency and Lewis Retail.
The only item, which the Council is considering at this particular time, is the Final Environmental
Impact Report for the Baldwin Park Marketplace 24-acre site). The public review period for this
EIR was held for 45 days, ending on June 4, 2001. At their June 27, 2001 meeting, the Planning
Commission received the Draft EIR and voted to recommend that the City Council certify the EIR.
Staff received no comments from interested individuals or other agencies on the Draft EIR and has
prepared the Final EIR. If significant impacts are identified, an EIR is required to identify certain
measures that will mitigate the significant impacts to levels of insignificance. These mitigation
measures are part of the conditions of approval for the project.
Approval of the Final EIR would enable the construction of an approximately 260,000 square foot a
commercial center and related public improvements. Included in the total overall area are a major
anchor retail store and several outlying retail/restaurant pads. The proposed buildings are
proposed to be located along Big Dalton Avenue and Merced Avenue facing the freeway.
The proposed project would first implement the land assembly of the entire 24-acre site by the
Redevelopment Agency, with subsequent reconveyance of the site to the developers Lewis
Retail). While the proposed project does not rehabilitate or repair existing structures, it is
anticipated that the relocation plan for the existing uses and residents will accommodate persons
and business to less-blighted areas of the City.
The related public improvements include, but may not be limited to: the widening of Merced
Avenue and Big Dalton Avenue, the installation of a traffic signal at the project entrance on Merced
Avenue, the replacement of power poles along the project frontage with underground electrical
lines; and the installation of street lights along the project frontage.
The most significant impacts will be reduced to a level of insignificance with the implementation of
mitigation measures. However, the air quality evaluation projected that the project will generate
nitrogen dioxide emissions in excess of current SCAQMD thresholds. In addition, the demolition of
on-site structures and grading of the project site would result in the loss of mature trees and
landscaping on-site. As part of the certification, staff recommends that the City Council adopt a
Statement of Overriding Considerations for these specific air quality and aesthetic impacts,
because the project will also involve many beneficial impacts that include: 1) The elimination of
blighted conditions in the redevelopment project area; 2) The construction of new commercial
facilities; 3) Increased property tax and sales tax; 4) The provision of local employment
opportunities; and 5) Other public improvements new lighting and landscaping, sidewalks and
circulation improvements a new traffic signal at the project entrance along Merced Avenue and
related traffic lane improvements will also be completed prior to the operation of the development).
Staff and the Planning Commission recommend that the City Council adopt a Resolution Certifying
the Environmental Impact Report for the Proposed Baldwin Park Marketplace.
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Mayor Lozano declared the public hearing OPEN for public participation.
OPPO/VE/VTS;
Mark Ramos, 3706 Merced, Expressed his concern with the proposed project. Wal-Mart has
proposed several other super centers" within a short distance of the proposed. Mr. Ramos asked
the Council to consider the small business that will be affected by this project.
Gabriel Elliott, Senior Planner Civic Solutions, Inc., introduced his business stating that they are a
community development-consulting firm that provides comprehensive urban services to
municipalities, special districts and homeowner associations. On behalf of his clients, United Food
and Commercial Workers International Local Union UFCW) 1428, and the City of Baldwin Park
residents listed below, Civic Solutions inc., offers the following comments on their review of the
Draft Environmental Impact Report EIR) for the proposed commercial shopping center on the 24-
Acre Sierra Vista Redevelopment Project site. The UFCW is interested in the impact the project
may have on the local economy and creation of jobs. Because these factors are crucial to the
quality of life in Baldwin Park, UFCW has asked our firm to review the Draft EIR and provide
comments to the City. UFCW Local 1428 is an approximately 5,000-member union with
headquarters in Claremont California. Civic Solutions, Inc. also represents the following residents
of the City of Baldwin Park: Thomas R. Siegfried, 14425 Hallwood Drive, Baldwin Park; Terry
Durkee, 13303 Waco Street; Unit 32, Baldwin Park; Marianne Laidlan, 13716 Foster Avenue,
Baldwin Park; Kirn Padilla, 15122 Howellhust Drive, Baldwin Park; Ana Y. Anguiano, 3740 Foster
Avenue, Baldwin Park; Victor M. Garcia, 4134 Jerry Avenue, Baldwin Park; and Maria Gutierrez,
3834 Athol Street, Baldwin Park. Mr. Elliott requested that the City Council reject the Wal-Mart
Project
Jack Breeding, District Manager, Food 4 Less, expressed his opposition to the proposed Wal-Mart
project. Mr. Breeding stated that Food 4 Less has been a dedicated and loyal company in Baldwin
Park that provides good paying jobs with great benefits. Mr. Breeding further stated that if the
Wal-Mart Super Center opens, the sales of Food 4 Less will be reduced significantly and jobs
would be lost. Mr. Breeding asked the City Council to reconsider the Wal-Mart project.
Armida Longrai, 15429 Sandstone Street stated that Wal-Mart has a reputation for using child
laborers to manufacture and produce their goods. She has information and videotapes available
on this subject, which she is willing to share at the Council's request. Ms. Longrai opposes the
development of a Wal-Mart in the City of Baldwin Park.
Frank Sedeno, 731 W. Foothill, Monrovia, expressed concern that Wal-Mart will take good paying
jobs with benefits away from employees and give them jobs with much lower pay and no benefits.
Ed Reynoso, Covina, spoke on behalf of the International Brotherhood of Teamsters, stating that
Wal-Mart puts other businesses out of business. Mr. Reynoso asked the City Council to vote no
on the proposed project.
Edmon Campton, 3427 Millbury, expressed concern that small businesses struggle with a Wal-
Mart in the City. Mr. Campton asked the City Council to reconsider the Wal-Mart project.
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PROPONENTS:
Page 7
Mila Alba, 13838 Ramona Parkway, supports the project stating that it is necessary for the people
of Baldwin Park to buy and spend their money within the city instead of going to other cities. She
further stated that this project would eliminate the blighted condition within the 24-Acre Site, and it
will also provide to the City an increased property tax and much needed general fund revenue
through sales taxes. The construction of the proposed project will also bring much need public
improvements to the area, including traffic lane improvements, new traffic signal at the entrance of
the project and new landscaping and lighting on site. Ms. Alba encouraged the City Council to
certify the Environmental Impact Report.
Ralph Camarillo, who resides next to the proposed project, stated that something needs to be
done with the 24-Acre Site. It is dilapidated, ugly, dirty and unsafe. Mr. Camarillo stated that he
has no preference as to the type of development. He just wants to see the area developed. He
inquired as to whether or not the City Council has an alternate plan for development
Iba Nidai, 12711 Hensel Street, supports the project stating that it will create more jobs and clean
up that section of town.
Peria Rendon, 3124 Big Dalton inquired about the proposed project and supports any
development the Council approves. The area needs to be cleaned up and made safe for the
community. She also asked the City Council to keep the community updated on this matter.
Margarita Vargas, 14129 Ohio, suggested that Wal-Mart become unionized. She agrees that the
area needs to be cleaned up.
Gloria Gonzalez, 13538 Francisquito Avenue, is in support of the proposed marketplace, stating
that Baldwin Park is one of the fastest growing cities in the San Gabriel Valley and their needs to
be convenient places to shop within the City. In addition, the added revenues will help the city to
further its growth.
After lengthy discussion, a motion was made to CONTINUE the public hearing to September 5,
2001, at 7:00 p.m.
MOTION: Councilmember Garcia SECOND: Mayor Pro Tern Gair Motion Carried)
Noes: Bill Van Cleave
Councilmember Van Cleave expressed strong opposition to the proposed development of a Wal-
Mart store. Wal-Mart is a non-union company and he will not support their locating to the City of
Baldwin Park. He further stated that he has continually opposed and voted against the Lewis
Project.
Councilmember Pacheco inquired as to whether Mr. Bill's Hardware is a union operated business
establishment.
COMMUNITY REDEVELOPMENT AGENCY CONVENED
Chairman Lozano convened the Community Redevelopment Agency at 9:00 p.m. for the purpose
of meeting in Joint Session with the City Council
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2001 08 15 CC MINòw @˜ ‡ R 2001 08 15 CC MINZFäZHsÖ 2001 CC MIN 08-15-2001Hnª City Council Minutes August 15, 2001 Page 8
JOINT PUBLIC HEARING ON THE DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN THE BALDWIN PARK REDEVELOPMENT AGENCY AND LEWIS INVESTMENT
COMPANY, LLC THE HEARING IS CONDUCTED PURSUANT TO SECTION 33433 OF
HEALTH AND SAFETY CODE
Attorney Alvarez-Glasman noted that the comments received earlier this date, during the public
hearing to consider adopting the final Environmental Impact Report for the Baldwin Park
Marketplace 24-acre site); Lewis Retail and the Baldwin Park Redevelopment Agency co-
applicants), would be incorporated into this proceeding.
Mayor Lozano declared the CITY COUNCIL and the COMMUNITY REDEVELOPMENT AGENCY
public hearing OPEN for public participation.
A motion was made to CONTINUE the City Council and on the Community Redevelopment
Agency public hearings to September 5, 2001 at 7:00 p.m.
MOTION: Mayor Pro Tern Gair SECOND: Councilmember Garcia Motion Carried
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The Community Redevelopment Agency recessed at 9:25 p.m.
REPORTS OF OFFICERS
HOUSING COMMISSION APPOINTMENTS AND/OR REAPPOINTMENTS
A motion was made to table this matter to September 5, 2001.
MOTION: Councilmember Pacheco SECOND: Mayor Pro Tern Gair Motion Carried
COUNCIL / STAFF REQUESTS AND COMMUNICATIONS
PARKING VARIATIONS ON MAINE AVENUE
Councilmember Garcia stated that she received a request from Kiwanis to inquire about the
parking time limit variations on Maine Avenue, in front of the Villa Mar Restaurant.
YARD SALE ENFORCEMENT
Councilmember Garcia requested enforcement of the yard sale policy. She stated that yard sales
are being held on weekends other then the four 4) weekends a year that are authorized for that
purpose.
ACCESS TO STREET MARKET FOR DISABLED
Councilmember Garcia stated that she received a request for an improvement to the access for
disabled individuals at the Street Market. Mobility is difficult for disabled person in a wheelchair;
the Street Market grass area is difficult for wheelchairs to get through.
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2001 08 15 CC MINòw @˜ ‡ R 2001 08 15 CC MINZFäZHsÖ 2001 CC MIN 08-15-2001Hnª City Council Minutes-August 15, 2001
INQUIRY REGARDING SIDEWALK WIDTH
Page 9
Councilmember Garcia stated that she received an inquiry regarding the width of a particular
sidewalk, noting that it is not wide enough for a wheelchair to pass. Councilmember Garcia will
forward the pertinent information to Director Nayierfor handling.
OUTDOOR DINING ORDINANCE
Councilmember Pacheco requested that the outdoor dining ordinance be placed on September 5,
2001, Agenda.
STATUS OF CALIFORNIA STREET
Councilmember Pacheco requested a status report of the California Street improvements and
asked that the community be kept updated on this matter.
UPDATE ON MEETING WITH WASTE MANAGEMENT
Councilmember Van Cleave reported on the meeting with Waste Management stating that the
meeting went well and that the Waste Management issues were addressed and solutions
discussed. Councilmember Van Cleave feels that the City Council and residents should see
changes in the near future.
LEAGUE OF CALIFORNIA CITIES MEETING
Mayor Pro Tern Gair reported on the recently attended League of California Cities Conference
stating that it was a very informative session. District Attorney Cooley spoke about moving forward
with prosecutions of those who violate the Brown Act and those public officials that commit fraud
activity.
HOME BEAUTIFICATION AWARDS
Director Forintos stated that the winners of the 2001 Home Beautification Awards would be
announced on Thursday, August 23, 2001, at 6:30 p.m., during the Concert in the Park series. He
thanked the Planning Commission and staff for the time and efforts contributed to the success of
this program.
ADJOURNMENT
There being no further matters for discussion; the meeting was adjourned at 9:10 p.m.
Approved by the-Gouncil at their meeting held September 5, 2001.
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