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HomeMy WebLinkAbout2013 12 18 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING DECEMBER 18, 2013 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:00 p.m. INVOCATION The invocation was provided by Mayor Lozano. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL The following members of the City Council were present: Council Member Cruz Baca Council Member Monica Garcia Council Member Susan Rubio Mayor Pro Tem Ricardo Pacheco Mayor Manuel Lozano ANNOUNCEMENTS PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Certificate recognition to the Baldwin Park High School Cross Country Team. Mayor Lozano announced the Baldwin Park High School Cross Country Team recognition. Council Member Rubio recognized Mayor Lozano, who read the student's biographies, and presented certificates to the athletes. PUBLIC COMMUNICATIONS Al Contreras asked for Item 2 to be pulled from the Consent Calendar for further explanation to citizens. City Council Regular Meeting Minutes 12/18/13 Mr. Luna congratulated everyone, and stated that the overpass in Baldwin Park needs to be cleaned by the owners of the sides of the freeway. Joanna Valenzuela congratulated the cross-country team. Daniel Machado thanked the cross-country team. Thomas Kerry stated that he is a former resident and recommended that the police be promoted through ranks. He also congratulated the Braves, and thanked the City for getting rid of Ordinance 1290. Joe Pinnone, previous City Attorney, wished Baldwin Park decision-makers the best. Paul Hernandez states that the City needs to move forward with the partnership with the Water Board. He also offered his services to the City. John Rios congratulated everyone and asked that Walnut Creek Park be made better. He stated that he is pleased with the new council majority, and asked the majority to fire Manny Carrillo. Julian Cases commended the Council for the change in staff they made, and stated that he now feels confident in the City's leaders. He also raised concerns with Manny Carrillo's salary raise and asked for the termination of Manny Carrillo. Paul Cook congratulated Chief Taylor. He also noted the changes that have taken place after Manny Carrillo took charge; he noted concerns with the number of programs that are being cut, and with Manny Carrillo's salary. Mayor Lozano clarified that Manny Carrillo has not received a raise, and that the numbers being noted are unfounded. He also stated that he supports Manny Carrillo. Council Member Garcia acknowledged Manny Carrillo for being the director of the program, and stated that his leadership has provided many benefits. She noted that it is unfortunate that individuals use Public Comment to present hateful speech. She also noted that payments and fees should be analyzed. She addressed Mr. Rios about his request for improvements in Walnut Creek Park and stated that half a million dollars have been allocated to it. Council Member Rubio stated that she would prefer positive comments be presented during Public Comment. Council Member Baca asked Mayor Lozano to remember that peace can be brought by example, and noted that peace is a collective effort. Mayor Pro Tem Pacheco noted that Manny Carrillo's job is difficult and that he receives the pay of whatever a public director makes. He also asked that allegations be brought Page 2 of 8 City Council Regular Meeting Minutes 12/18/13 through proper channels, and noted that he supports Manny Carrillo. He noted that transparency was campaigned when they were elected, and that he would like to see more transparency during budget sessions. Council Member Baca requested that an RFP for an audit and forensic be placed on the next agenda. Council Member Rubio noted that there is a 1.5 million dollar deficit. CONSENT CALENDAR (Item No. 2 was pulled from the Consent Calendar for further discussion.) A motion was made by Pacheco, seconded by Lozano, and carried with no objection to approve Items 1, and 3 through 8 on the Consent Calendar. 1. WARRANTS AND DEMANDS Staff recommended City Council ratify the attached Warrants and Demands Register. 2. APPROVAL AGREEMENT FOR ATTORNEY SERVICES — TAFOYA & GARCIA LLP It is recommended that the City Council (1) authorize termination of the Agreement for Legal Services with Aleshire & Wynder and (2) approve the attached Agreement for Legal Services with Tafoya & Garcia LLP Mayor Lozano stated that he believed that a transition would be great for the City. He added that there was an illegal lack of transparency. Council Member Baca stated that these allegations are not facts. Mayor Lozano asked that the City remove the individual that has been selected as City Attorney because there is a lack of transparency. Mayor Pro Tem Pacheco stated that the Mayor brought in several firms to work for the City without much information. Council Member Rubio asked that Mayor Lozano respect individuals, and give City Attorney Tafoya an opportunity. A motion was made by Pacheco, seconded by Rubio, and carried (3-2) to approve Item 2. AYES: Baca, Rubio, Pacheco NOES: Garcia, Lozano ABSENT: None. Page 3 of 8 City Council Regular Meeting Minutes 12/18/13 ABSTAIN: None. Mayor Lozano is concerned that City Attorney Tafoya has worked with Attorney Olivas. Council Member Rubio asked the Mayor to respect City Attorney Tafoya because he is the best available. Council Member Garcia reminded Council Members that City Attorney Tafoya stated that he would consult with Attorney Olivas who was in a conflict with the City of Cudahy. Council Member Rubio asked the City Attorney to provide some background information. City Attorney Tafoya stated that prior City Attorney Olivas of Cudahy, was not charged with any crimes, but rather was involved in issues in the City of Cudahy because the Council Members were corrupt. He stated that he is a graduate from the University of Michigan who has represented Fortune 500 companies. Council Member Garcia read a report online about Attorney Olivas being involved with corruption in the City of Cudahy. Council Member Baca reminded Council Member Garcia and Mayor Lozano that they voted for City Attorney Tafoya during Closed Council. Mayor Lozano noted that this is the vote that counts. 3. CLAIM REJECTION Staff recommends City Council reject the claim of James Grant and Warren Huncovsky and direct staff to send the appropriate notice of rejection to claimant. 4. ACCEPT PLANS AND SPECIFICATION, AND AUTHORIZE PUBLISHING A NOTICE INVITING BIDS FOR THE CONSTRUCTION OF THE BARNES PARK IMPROVEMENTS It is recommended that the City Council approve the plans, specifications, and Notice Inviting Bids for the Barnes Park Improvements and direct staff to advertise. 5. ADOPTION OF RESOLUTION NO. 2013-039 ESTABLISHING A GREEN STREETS POLICY It is recommended the City Council introduce resolution No. 2013-039 by reading its title only and waive further reading. A motion was made by Lozano, seconded by Rubio, and carried with no objections to correct Item No. 5, which should read, "adopt" instead of "introduce." Page 4 of 8 City Council Regular Meeting Minutes 12/18/13 6. AWARD CONTRACT FOR CITYWIDE TREE TRIMMING SERVICES TO WEST COAST ARBORIST Staff recommends that the City Council: 1. Award Maintenance Service Contract to West Coast Arborist, Inc. in the amount of$95,000; and 2. Authorize the Mayor to execute the attached agreement. A motion was made by Lozano, seconded by Pacheco, and carried with no objections to correct Item No. 6, which should read, "$95,000.00 for a one year renewal extension." 7. AWARD OF CONTRACT FOR THE STREET SIGNAGE AND IISNS REPLACEMENT PROGRAM FY 2013-2014 Staff recommends that the City Council: 1. Award Construction contract(s) to AEGIS ITS, Inc; in an amount not to exceed $68,428.79; and 2. Authorize Staff an allowance of 10% for unforeseen change orders related to this project from Measure R. 3. Authorize the Mayor to execute the attached agreement. 8. SECOND READING OF ORDINANCE 1361 ADOPTING 2013 EDITION OF CALIFORNIA BUILDING CODE (CBC), ELECTRICAL CODE (CEC), PLUMBING CODE (CPC), MECHANICAL CODE (CMC) AND, 2013 GREEN BUILDING CODE Staff recommends that the City Council adopt Ordinance 1361 on second reading, read by title only and waive any further reading thereof. SET MATTERS — PUBLIC HEARINGS 9. AN APPEAL OF THE PLANNING COMMISSION'S FAILURE TO REACH A MAJORITY DECISION ON A REQUEST FOR A CONDITIONAL USE PERMIT FOR A 27-BED, ADULT RESIDENTIAL CARE FACILITY WITHIN THE R-1, SINGLE-FAMILY RESIDENTIAL ZONE (LOCATION: 3562-3572 VINELAND AVENUE; APPLICANT: JOE LOPEZ, REPRESENTING EASTERN KEYSTONE INC.; CASE NO.:CP-801). Staff recommends that the City Council receive any public comment on the item, close the public hearing, and direct staff to EITHER: 1. bring back to the January 15, 2014 City Council meeting a resolution of approval, Resolution 2013-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A CONDITIONAL USE Page 5 of 8 City Council Regular Meeting Minutes 12/18/13 PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY WITHIN THE R-1, SINGLE-FAMILY RESIDENTIAL ZONE PURSUANT TO TABLE 153.050.020 IN THE CITY'S MUNICIPAL CODE (LOCATION: 3562- 3572 VINELAND AVENUE; APPLICANT: JOE M. LOPEZ, REPRESENTING EASTERN KEYSTONE INC.; CASE NUMBER:CP- 801); or 2. bring back to the January 15, 2014 City Council meeting a resolution of denial, Resolution 2013-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND DENYING A CONDITIONAL USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY WITHIN THE R-1, SINGLE-FAMILY RESIDENTIAL ZONE PURSUANT TO TABLE 153.050.020 IN THE CITY'S MUNICIPAL CODE (LOCATION: 3562- 3572 VINELAND AVENUE; APPLICANT: JOE LOPEZ, REPRESENTING EASTERN KEYSTONE INC.; CASE NUMBER:CP- 801). Staff explained the appeal, which would allow this facility on the R-1 residential section zone. She presented various views of the area, and noted the spaces that would be developed. She outlined the history of the proposal, and its rejection. Bruce Ashnoori, owner of Keystone, explained that this project is needed for Baldwin Park because the community is aging. He explained that a substantial amount of funds have been spent, and would like to propose an addition of about 2,800 square feet. He explained that the property has been maintained, and that the property values of neighboring homes would not be affected. Joe Lopez, applicant, p spoke in favor of the proposal, and stated that improvements to the property are a good option. Margarita Vargas stated that it would be a good idea to bring the proposal back in January because the development will not be a problem for the residents. She noted that several past residents of Baldwin Park had to move cities because Baldwin Park did not have a place for the elderly. Mr. Luna stated that the City needs tax money, and asked how much the City will receive from this facility. Mayor Lozano stated that the facility would pay taxes to the City because it is not a non- profit organization. Thomas Kerry stated that there is better use for the property than this facility; he noted that the facility could be disruptive because ambulances would be going to the facility. Mary Ferrer stated that there is a school across the street, and that the property will be a distraction to the children. Page 6 of 8 City Council Regular Meeting Minutes 12/18/13 Speaker stated that he owns property on Stitchman Avenue, and is strongly opposed to the facility because it would bring more traffic when family visits. Xochitl Pelayo stated that the entire neighborhood has opposed the project, and that she does now know why Council Members approved this discussion. Council Member Rubio clarified that the Council has not voted on this issue. Gabriel Alvarado stated that the company is exempt from complying with environmental and EPA regulations, and therefore, the City should not develop businesses on this property. Gabriel Alvarado stated that this is a residential area, and a business should not be placed on this property because it will only profit a business and not the City. He also voiced his concerns about the business's effect on property value. Amanda Alvarado stated that this street already has crowded parking. Victor Pelayo stated that this property is not the ideal location for the business because property values will be decreased. He also stated that there is already a home facility ten houses away, and that the building will not benefit the community because the buildings are old and will bring negative impacts to the community. Speaker noted that residents have strongly opposed this project and do not understand why Council Members have allowed this project to be presented at meetings. Mayor Lozano declared the public hearing closed. Mayor Lozano stated that this property has been vacant for some time, but that he would prefer that single-family homes be placed on the property instead of the facility. Council Member Rubio stated that she opposes this project because it is a beautiful street, and the property is an eye sore to the community. She stated that she would like to push the Item to the next meeting. Council Member Baca stated that she is opposed to the project, and she noted that the property is an eyesore, and that traffic and parking will create issues on the street. She voiced concerns about buildings on the property that could have lead and asbestos. Council Member Garcia stated that everyone agrees that the property has not been maintained, and that the Item should be readdressed at the January 15th meeting. Council Member Rubio stated that the Council Members are with the residents, and are taking care of the problem. Page 7 of 8 City Council Regular Meeting Minutes 12/18/13 Mayor Lozano stated that the Council would review the item and readdress it. A motion was made by Pacheco, seconded by Lozano, and carried with no objections to revisit Item 9 during the next meeting. ADJOURNMENT A motion was made by Lozano and seconded by Rubio, to adjourn the meeting at 9:10 p.m. I -411 V ayor ATTEST: / AIA iii LI City C erk Page 8 of 8