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HomeMy WebLinkAbout2019 03 04 CC MIN SM MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING March 4, 2019, 6:00 P.M. 3rd Floor Conference Room 307 - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 6:12 p.m. by Mayor Lozano. ROLL CALL PRESENT: Council Member Alejandra Avila Council Member Ricardo Pacheco Council Member Paul C. Hernandez Mayor Pro Tern Monica Garcia Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 6:13 p.m. Seeing no one wishing to speak, Public Communications closed at 6:13 p.m. HEARING 1. A Hearing before the City Council Pursuant to Baldwin Park Municipal Code Section 100.260(E), Appealing the Chief Executive Officer's Cancellation of Hadley Tow's Franchise Tow Agreement City Attorney Tafoya provided a brief overview of this item, and further stated that Chief Executive Officer Shannon Yauchzee did make a determination on this matter; however, it was now being brought forward to the governing body for their consideration, since the CEO's determination to cancel the franchise agreement had been challenged. City Attorney Tafoya stated CUP PC1618 CP-836 provided various requirements, some of which Ms. Evans, who represents Mr. Hassan, is not in agreement it was part of the original conditions included in the CUP. Discussion was held between Mr. Evans and Mr. Tafoya regarding the CUP connected to the operating location and further clarification was provided of the requirements in question relevant to this hearing. Mayor Pro Tern Garcia stated it was important to review each condition since the zoning had been initially changed to accommodate Mr. Hassan with conditions that this area would be beautified. Special Meeting of 03/04/19 Page 1 of 3 Mr. Evans argued the difference in location for which the franchise was revoked. He clarified the business was operating out of 12793 rather than 12819. City Attorney Tafoya added that the items Mr. Evans and Mr. Hassan claimed were not part of the original CUP were indeed not part of the staff report, which was an error, however, was part of the CUP itself. City Attorney Tafoya asked staff questions pertaining to the compliance of the CUP in detail and provided evidence to prove this CUP was not currently in compliance. Mr. Adams objected to the matter in which the appeal was being conducted. City Attorney Tafoya further stated that the CUP Resolution PC 301 for 12793 Garvey Avenue was approved on January 22, 2003 for an auto body shop and auto body storage not for a towing location, which was limited use to 5 years unless it was extended and stated this CUP had not been extended and therefore expired on its own terms. Mr. Evans provided a response and reasons why the franchise should not be revoked in detail. Additionally, Mr. Evans stated he proposed to staff to allow his client to continue operating from 12793 until the property at 12819 was retrofitted and further referred to the staff report granting his client a franchise agreement under the current conditions of the CUP. Mr. Evans also asked staff questions relative to the franchise approval and compared and contrasted the similarities in the CUP for Royal Coaches Towing services. Council Member Hernandez asked when the fires had occurred. Mark Hassan provided an overview of what had been completed in accordance to the CUP and the roadblocks they had faced due to fires and homeless habitants and answered questions posed by the City Council concerning fire incidents occurring in 2013 and 2016. Mayor Pro Tem Garcia expressed concerns regarding compliance issues and the delay in make improvements. Mr. Hassan argued that the franchise was awarded to the property on 12793 rather than 12819, then later issues were found with 12793 and shortly thereafter, awarded a ten year franchise agreement to Royal Coaches. Furthermore, Mr. Evans provided an additional overview of why this franchise should not be revoked. Council Member Pacheco read the fine print on the business license stating that the granting of the license did not necessarily mean that the business was in compliance with city ordinances and questioned why Mr. Hassan had not filed an extension. City Attorney Tafoya asked whether Attorney Evans had additional evidence to provide to the governing body, with Mr. Evans stating he had provided documents in a previous hearing; additionally Mr. Tafoya asked whether Mr. Hassan had requested an extension, to which Mr. Evans answered no. Special Meeting of 03/04/19 Page 2 of 3 Mayor Lozano expressed his disappointment in the improvements made to his property within the past two years and requested Mr. Hassan reply whether he was in compliance with the items in the CUP PC-1618 for 12819 as follows: Letter "A" - Substantially Complied Letter "B" - Complied Letter "C" — Partially Complied and has not been approved by the Police Department Letter "D" — Not Complied Letter"E" - Complied Letter "F" — Not Complied Letter "G" — Complied Letter "J" — Not Complied Letter "K" — Not Complied Letter "R" — Not Complied Letter "S" — Not Complied Letter"T" — Not Complied Mayor Lozano stated that Mr. Hassan was not in compliance. MOTION: Mayor Lozano made a motion to cancel the franchise agreement with Hadley Towing based on the information provided at this hearing and directed staff to send a written opinion regarding the City's decision, seconded by Mayor Pro Tern Garcia. Motion carried by unanimous consent. Attorney Evans provided closing statements reiterating that his client was not in violation. Mayor Lozano stated City Attorney Tafoya would be forwarding the letter with the violations to the appropriate party. ADJOURNMENT There being no further business, motion was made by Mayor Loz no, seconded by Mayor Pro Tern Garcia, to adjourn the meeting at 8:11 p.m. Manuel Lozano, Mayor ATT T:`� ip 11111 Jea T Ayal. ty Clerk APPROVED: ©cam b-er a/ a o/7 Special Meeting of 03/04/19 Page 3 of 3