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HomeMy WebLinkAbout2012 05 16 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING • MAY 16, 2012, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:15 p.m. INVOCATION The invocation was provided by Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Marlen Garcia Council Member Monica Garcia Council Member Ricardo Pacheco • Mayor Pro Tem Susan Rubio Mayor Manuel Lozano ANNOUNCEMENTS Mayor Lozano announced, as required by Government Code section 54954.3, that members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of$30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. Councilmember Rubio extended an invitation and reminder that the American Cancer Society's Relay for Life event will be held May 19, 2102, and she encouraged everyone to participate. Mayor Lozano asked that the meeting be closed in memory of the well-known author, Carlos Fuentes, who passed away recently. Councilmember Pacheco commented on his recent attendance at the UCLA Labor Center banquet; noted that there were some significant authority figures and the event was excellent. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Proclamation proclaiming May as Asthma Awareness Month. Councilmember Marlen Garcia presented a Proclamation recognizing May 2012 as • Asthma Awareness Month. • Proclamation proclaiming Poppy Week 2012 presented to Destiny A. Alvarez, Miss Poppy 2012. • Mayor Lozano presented a Proclamation to Miss Poppy 2012, Ms. Destiny A. Alvarez, in recognizing May 13— 19, 2012, as National Poppy Week. • Certificate of Recognition to the Winners of Congresswoman Judy Chu's Artistic Discovery Councilmember Monica Garcia presented Certificates of Recognition to Baldwin Park Students Joanne Chuia, Elaina Tai, Jasmine Valdez and Jasmin Reyes, who were all recognized as Winners in the Congressional Artistic Discovery Competition. • Certificate of Recognition to the 2012 Winners of the Mark Daniel Flores Music Foundation, Sara Flores and Jose Romero Mayor Lozano presented Certificates of Recognition to the scholarship recipients, Sara Flores and Jose Romero, 2012 Winners of the Mark Daniel Flores Music Foundation • Certificate of Recognition to LUCHA Foundation Councilmember Monica Garcia presented a Certificate of Recognition to Juan Gonzalez in appreciation of the various programs and community work of the Latino United Community and Higher Education Association. Councilmember Pacheco also presented a Proclamation to Public Works Director William in recognition of Public Works Week from May 20—26, 2012. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:31 p.m. and noted that each speaker is • permitted a total of three (3) minutes to speak. Augustine Gellaveze, Baldwin Park resident, extended an invitation to the community to the attend the Veteran's Day Memorial Service to remember those that have served, which is hosted by the Coalition of Veterans, a collaborative of Veterans groups in the San Gabriel Valley, Pastor Elmer Jackson, Baldwin Park resident, sought assistance from Council because he recently received notice that the property where his men's transition home is located has been sold and he will need to relocate; he asked that anyone knowing of a location where he may be able to relocate to, should contact him. Rafael Gonzalez, Manager of the Baldwin Park Library, announced that there will be some new summer children's reading program and invited parents to come register their children and to come enjoy the library themselves. Edwin Thomas, commented on Steve Cooley, opined that Baldwin Park should be on guard so it does not become another City of Bell; asked the Council provide some assistance to Pastor Jackson. Ryan Sessions, District Manager for Starbucks Coffee, referring to Item No. 5 on the evening's agenda, asked that Council pull the item for discussion so that he could comment on it; stated that the item, which would require additional trash receptacles be placed at the exit of drive-thru; opined that it will create more problems than it will resolve; noted that Starbucks had previously • had trash receptacles just as the item was calling for and it was found that it caused more misplaced trash rather than less; asked that Council reconsider the proposal of Item No. 5. Page 2 of 8 Essi Pollets, Safety Officer for Starbucks Coffee, explained that placing trash receptacles along the drive-thru lanes creates a health issue; noted that enforcement of violations should be the • first consideration; suggested that the health codes allow for the County to step in and impose some very severe penalties for violations. Al Contreras, Baldwin Park resident, noted that the Sister Cities has a scholarship program and the submission of applications is at the highest it has ever been; noted that a fund-raiser is being held via raffle to generate additional funds for scholarships and for other events that benefit the community. Vita Flores, Baldwin Park resident, noted that the golf tournament fund-raiser, which was scheduled for the upcoming weekend, has been postponed and that an announcement will be provided when more details and a new date is available. Unidentified speaker, echoed the previous announcement of Councilmember Rubio and reminded everyone of the upcoming Relay for Life event; noted that this event is a very important fund-raiser and that it will help with the ongoing battle against cancer. Terri Muse, Waste Management, Inc., noted that May 26 will be hosting the "Clean Up America" event which will be held at the Walnut Creek Nature Park; noted that this event is part of an annual nationwide event and will help to prepare for the upcoming celebration of National Arbor Day; also expressed great appreciation to the community for their participation on Earth Day. Don Cook, stated that the Vineland project has been completed; noted that impact fees were paid to the school and additional funds have been paid to the City for park and traffic fees; noted that additional revenue will be generated in the coming years; pointed out that the a great deal • of effort was put into making sure that there are a substantial number of trees included in the development, including a Walnut Tree and many `canopy' type trees. Seeing no others wishing to speak, Public Communications closed at 8:15 p.m. Councilmember Rubio thanked Mr. Cook for his update on the Vineland project; mentioned that there are a variety of ways for those interested to contribute to the fund-raising aspect of the American Cancer Society's efforts to fight cancer; commented on the upcoming Veterans Day and requested that some type of recognition be displayed on the marquee in Morgan Park CONSENT CALENDAR Mayor Lozano requested that Item No. 5 be pulled for further discussion, and Councilmember Pacheco asked that Item No. 6 be pulled for discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Garcia, and carried (5— 0) to ratify the Warrants and Demands Register. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. • ABSTAIN: None. Page 3 of 8 2. TREASURER'S REPORT: MARCH 2012 Staff recommends the City Council receive and file the March 2012 Treasurer's Report. A motion was made by Lozano, seconded by Garcia, and carried (5— 0) to receive and file the March 2012 Treasurer's Report. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL Staff recommends the City Council approve the preparation and presentation of the plaques and proclamation as outlined in the staff report. A motion was made by Lozano, seconded by Garcia, and carried (5—0)to approve the preparation and presentation of the plaques and proclamation as outlined in the staff report. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. SECOND READING OF ORDINANCE 1351-AN AMENDMENT TO SECTION 153.442 OF THE CITY'S MUNICIPAL CODE RELATING TO MASSAGE/ACUPRESSURE • USES. (LOCATION: ALL COMMERCIAL AND INDUSTRIAL ZONED PROPERTIES; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: AZC-172) Staff recommends City Council read by title only and adopt on second reading, Ordinance No. 1351 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 153.442 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO MASSAGE/ACUPRESSURE USES (LOCATION: ALL COMMERCIAL AND INDUSTRIAL ZONED PROPERTIES; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBERS: AZC-172) A motion was made by Lozano, seconded by Garcia, and carried (5—0)to approve and adopt Ordinance No. 1351, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 153.442 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO MASSAGE/ACUPRESSURE USES (LOCATION: ALL COMMERCIAL AND INDUSTRIAL ZONED PROPERTIES; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBERS: AZC-172). AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. • Page 4 of 8 5. ADOPTION OF CHAPTER 126 TO THE BALDWIN PARK MUNICIPAL CODE ESTABLISHING NEW REGULATIONS REQUIRING REFUSE RECEPTACLES AT • THE TERMINUS OF DRIVE-THROUGH EATING FACILITIES Staff recommends City Council introduce for first reading by title only Ordinance 1352, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 126 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO TRASH RECEPTACLES AT DRIVE-THROUGH EATING FACILITIES (APPLICANT: CITY OF BALDWIN PARK)." Mayor Lozano requested this item be held separately for discussion. The Mayor requested that the City Attorney review the language to determine whether the Ordinance could be revised to target those establishments that present problems and not those that are compliant. Both Mayor Pro Tem Rubio and Councilmember Pacheco asked that this item be brought back after further investigation is done; possible consider the data that Starbucks referred to in its testimony. Councilmember Marlen Garcia voice objection to bringing this item back since she had brought this item up at previous meetings and there did not seem to be any objection at the time; stated that she experienced the opposite situation; stated that there had been a committee established several years ago to specifically address the failed maintenance at some of the shopping centers in the city; stated that this is meant to clean up Baldwin Park and this Ordinance should be passed as is. Councilmember Pacheco opposed the position and stated that he wants to hold 410 some meetings and obtain additional information before making a binding decision and passing an Ordinance. Mayor Pro Tem Rubio expressed concurrence with some of the comments of Councilmember Garcia but also stated that she would like input from a professional that can truly address the health and safety concerns that are associated with this issue. Councilmember Monica Garcia noted that she also feels it is an item that should be addressed further; agreed that keeping the city clean is important to everyone and that Council has to support the citizens and businesses of Baldwin Park and they deserve a closer look to insure that an educated decision is made. Mayor Lozano agreed that the intent is worthy but that further discussion is necessary to insure that the decision is fair and will address the problem and not punish those who are in compliance. At the conclusion of discussion, Council took the following action: A motion was made by Lozano, seconded by Rubio, and carried (5—0) to table Item No. 5, first reading by title only of Ordinance 1352, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 126 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO TRASH RECEPTACLES AT DRIVE-THROUGH EATING FACILITIES (APPLICANT: • CITY OF BALDWIN PARK)" until further information is provided for Council consideration. Page 5 of 8 AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. CERTIFICATION OF COMMUNITY HOUSING DEVELOPMENT ORGANIZATION'S (CHDO'S)AND APPROVAL OF AFFORDABLE HOUSING AGREEMENT Staff recommends City Council 1) Certify NHSLA as the City's CHDO; and 2)Authorize the Chief Executive Officer to execute the agreement allocating an amount not to exceed $450,000 in HOME funds for the First Time Homebuyer and Residential Rehabilitation Programs through the administrative assistance from NHSLA. Councilmember Pacheco requested that this item be held separately for discussion because, in reviewing the information provided in the staff report and attachments, there is no specific information on the represented organization; stated that he would like the item brought back at a future meeting pending the additional information which will identify the board of directors and other identifying information which designates the organization as a non-profit entity. Housing Manager Suzie Ruelas provided a brief explanation as to the purpose of the item, assured that the entity is a 501K Non-Profit, and explained that there are deadlines associated with this item. Housing Manager Ruelas committed to providing additional information on the group • that will be coordinating the program. A motion was made by Pacheco, seconded by Lozano, and carried (5—0) to 1) Certify NHSLA as the City's CHDO; and 2) Authorize the Chief Executive Officer to execute the agreement allocating an amount not to exceed $450,000 in HOME funds for the First Time Homebuyer and Residential Rehabilitation Programs through the administrative assistance from NHSLA. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. LOS ANGELES COUNTY WATER QUALITY FUNDING INITIATIVE Staff recommends the City Council oppose the initiative until such time that more information and clarity is provided for subsequent City Council discussion. A motion was made by Lozano, seconded by Garcia, and carried (5— 0)to oppose the Los Angeles County Water Quality Funding Initiative until such time that more information and clarity is provided for subsequent City Council discussion. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. • ABSENT: None. ABSTAIN: None. Page 6 of 8 8. RESOLUTION 2012-020 SETTING RESIDENTIAL AND COMMERCIAL REFUSE RATES EFFECTIVE JULY 1, 2012 TO JUNE 30, 2013 • Staff recommends City Council waive further reading, read by title only, and adopt Resolution 2012-020, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, SETTING RESIDENTIAL AND COMMERCIAL REFUSE RELATED RATES FOR FY 2012-2013." A motion was made by Lozano, seconded by Garcia, and carried (5— 0) to adopt Resolution 2012-020, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, SETTING RESIDENTIAL AND COMMERCIAL REFUSE RELATED RATES FOR FY 2012-2013." AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS None. CITY COUNCIL ACTING AS SUCCESSOR AGENCY CONSENT CALENDAR 9. APPROVAL OF RESOLUTION SA 2012-002 CREATING THE REDEVELOPMENT OBLIGATION RETIREMENT FUND • Staff recommends the City Council, as the governing body of the Successor Agency, approve Resolution SA 2012-002 entitled, "A RESOLUTION OF THE SUCCESSOR AGENCY TO THE BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION CREATING A REDEVELOPMENT OBLIGATION RETIREMENT FUND PURSUANT TO HEALTH AND SAFETY CODE SECTION 34170.5 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH." Councilmember Monica Garcia asked that Chief Executive Officer Singhal provide some additional information on this item; CEO Singhal explained that, with the dissolving of the Redevelopment Agency, it is necessary to establish a fund to set aside monies for future obligations as directed by the State. A motion was made by Lozano, seconded by Garcia, and carried (5—0)to approve Resolution SA 2012-002 entitled, "A RESOLUTION OF THE SUCCESSOR AGENCY TO THE BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION CREATING A REDEVELOPMENT OBLIGATION RETIREMENT FUND PURSUANT TO HEALTH AND SAFETY CODE SECTION 34170.5 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH." AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. • Page 7 of 8 CITY COUNCIL/ CITY CLERK/ CITY TREASURER/STAFF REQUESTS & COMMUNICATIONS • None. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Garcia, to adjourn the meeting at 8:45 p.m. May• �ra ATTEST: Manu- -r ayor 7(4bC 3tc Alejandra`Avila, City�Clerk APPROVED: 5 16 /i s • • Page 8 of 8