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HomeMy WebLinkAbout2001 05 31 CC MIN SS/SPECIAL2001 05 31 CC MIN SS/SPECIAL¦ŠESTHER SNYDER COMMUNITY CENTER 4100 BALDWIN PARK BLVD. BALDWIN PARK. CA 91706 MAY 31. 2001 THURSDAY 7:00 P.M. The CITY COUNCIL, HOUSING COMMISSION, PERSONNEL COMMISSION, PLANNING COMMISSION and RECREATION/COMMUNITY SERVICE COMMISSION of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. ROLL CALL Present: Coundlmembers: Marlen Garcia, Bill Van Cleave. Ricardo Pacheco. Mayor Pro- Tern Linda Gair, and Mayor Manuel Lozano Housing Commissioners: Sally Weick, Gloria Gonzalez, Margarita Vargas, and Oscar B. Marin Personnel Commissioners: Efren Rivera. Gerald Dahlen. Son Lieu Planning Commissioners: Ed Huetinck, Mila Alba, Teresa Villegas, Sergio Corona and Chair Conrado Magdaleno Recreation/Community Service Commissioners: Ramona DeLaTorre, Martha Reyes, Irma Tarango, Rita P. Vasquez, Priscilla Viste, and Andrea Carrillo Also Present: Dayle Keller, Chief Executive Officer; Arnold Alvarez-Glasman, City Attorney; 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; Lisa Baker. Interim Housing Manager; Jose Mesa, Personnel/Risk Manager, Assistant to the Chief Executive Officer Bouton; Amy Harbin, Principal Planner; Salvador Lopez, Assistant Planner; Jorge Zarza, Planning Technician; Maria A. Contreras, City Treasurer; and Rosemary M. Ramirez, Deputy City Clerk Absent: Kathryn Tizcareno, City Clerk; Personnel Commissioners: Trina DePedro and Ronald Palacios; Recreation Commissioner: Rafael Garcia; Housing Commissioners: Lilly Lee Bailey, Cecelia Diaz and Office No. 6 vacant) WORKSHOP FOR THE PURPOSE OF SHARING GOALS AND IDEAS FOR THE COMMUNITY Coundlmember Pacheco thanked everyone for being present. He acknowledged the Commission members for their work on their commissions respectively. He stated that the purpose of this meeting is to share with Commission members, the goals and the direction that this City has taken. There are many new businesses coming into the City of Baldwin such as the Star-bucks and Harley-Davidson. He also spoke about the vibrant programs conducted by the recreation department and he acknowledged Director Carrillo and the Commission members for a job well done. Mayor Pro Tern Gair noted that this session is an open forum. She invited the commissioners to express their ideas and concerns with the City Council. Her goal is to clarify the City Council's expectations as opposed to what the Commissioner's perception of what those expectations are. SG^ED BIB] 37642-U01 2001-U02 05-U02 31-U02 CC-U02 MIN-U02 SS/SPECIAL-U02 LI1-U03 FO8420-U03 FO8621-U03 DO9058-U03 C4-U03 MINUTES1-U03 1/21/2003-U04 ROBIN-U04 SPECIAL-U05 SESSION-U05 CITY-U06 COUNCIL,-U06 HOUSING,-U06 PERSONNEL,-U06 PLANNING-U06 RECREATION/COMMUNITY-U06 COMMISSIONS-U06 2001 05 31 CC MIN SS/SPECIAL¦ŠSpecial Joint Meeting May 31, 2001 Page 2 She stated that the City Council is available to answer questions such as. why the City Council makes decisions sometimes that are different then the recommended action of a Commission". Coundlmember Garcia extended her gratitude to each of the commissioners for their hard work, dedication and commitment to this City. This Council is excited about the changes that are taking place in the City of Baldwin Park. This City Council cannot do it alone. The City now has in place, an effective and efficient team that is assisting the Council in carrying out its goals and visions for this community. She referred to the recent goaf setting meeting between the City Council and staff. She stated that the purpose of this Special Meeting is to include each of the Commissions as a part of the team building efforts that are taking place. Planning Chair Magdaleno stated that one of the concerns of the Planning Commission is the perception that the City of Baldwin Park is not business friendly." The Commission would like to see that business applicants are given proper assistance and that the process of applying for permits and licenses be made convenient to the applicant. He feels that there may be too many conditions imposed on prospective businesses, especially those in the downtown district area. Councilmember Pacheco stated that the City is currently working with a consultant on a plan to revitalize the downtown business district area. Housing Commissioner Vargas stated that one of the concerns of the Housing Commission relates to the CDBG funding. It seems that every year there are fewer funds available for distribution to the various organizations. Another concern is providing affordable housing to Baldwin Park residents. Personnel Commissioner Dahlen suggested that when a commissioner is appointed, commissioners should be given an orientation and provided with written documentation of their role for the commission which they are appointed to represent. Personnel/Risk Manager Mesa responded by stating that a list of duties and responsibilities will be provided to the Commission members. He also stated that an orientation for all Commission members would be scheduled during the summer. Councilmember Garcia requested that the orientation does in fact take place for the Commissioners. She stated that while she was on the Recreation and Community Services Commission, she had no idea of her role as a commission member. Mayor Pro Tern Gair made reference to the Commission Handbook. She suggested that Personnel/Risk Manager Mesa make the necessary updates to the handbook for distribution to the Commissioners as well. In response to Recreation Commissioner Viste, Personnel/Risk Manager Mesa stated that the duties of the Personnel Commission members are to review personnel discipline matters that are in the appeal process. The responsibility of a Commissioner is to hear both sides of the story and to either sustain or change the discipline that is recommended. Housing Commissioner Weick stated that she was previously a 9-year member of the Personnel Commission. In those 9 years, she attended only 3 meetings, which is a great indicator that there BIB] 37642-U01 2001-U02 05-U02 31-U02 CC-U02 MIN-U02 SS/SPECIAL-U02 LI1-U03 FO8420-U03 FO8621-U03 DO9058-U03 C4-U03 MINUTES1-U03 1/21/2003-U04 ROBIN-U04 SPECIAL-U05 SESSION-U05 CITY-U06 COUNCIL,-U06 HOUSING,-U06 PERSONNEL,-U06 PLANNING-U06 RECREATION/COMMUNITY-U06 COMMISSIONS-U06 2001 05 31 CC MIN SS/SPECIAL¦ŠSpecial Joint Meeting May 31, 2001 Page 3 were few problems within the organization. She also noted that during her tenure, an attorney representing both sides, was always present. Recreation Commissioner Reyes commented that the Commissioners are a link to the community. The commission has recently completed their tasks associated with the Census, they also recently conducted successful programs such as the Cinco de Mayo celebration and the Easter egg hunt. They are currently working on the Teen Center and Skate Park planning. The Senior Citizens are offered a variety of programs, events, and functions which include various trips around the world. Commissioner Reyes thanked the City Council for their support of the Recreation Department and its programs. She commended Director Carrillo and each of the staff members for their work and dedication and feels that staff is deserving of a salary increase. She continued by acknowledging Student Commissioners Viste and Carrillo for the tremendous job they did while on the Commission. She is sorry that their terms will expire on June 30. 2001. Student Commissioner Carrillo introduced Adriana Banuelos, who is a candidate for the next student commissioner to represent Baldwin Park High School. Upon question from Mayor Pro Tern Gair, Director Carrillo stated that both of the Student Commissioners had attended the most recent California Parks & Recreation Conference. Housing Commissioner Vargas feels that conferences and seminars should be made available to the Housing Commission for attendance. Interim Housing Manager Baker stated that there are local. National and Regional conferences available. She further stated that staff had recently conducted a Housing Commission orientation session at which time the Agency plan was discussed and a power-point presentation was given outlining the CDBG process. Councilmember Pacheco responded to an earlier comment regarding CDBG funding. He explained that the budget is made up of a restricted fund and a general fund. Another resource for funding is through our legislators. He recently approached Assemblyman Ed Chavez and Senator Gloria Romero on the possibility of acquiring state funding for various projects. He also spoke about the joint effort between the City and the School District, for the development of a soccer field at Jones School. Planning Commissioner Alba inquired about the possibility of implementing business incentives for business retention purposes. Planning Commissioner Villegas thanked the City Council for the opportunity to meet with the Council and other Commission members in this type of forum. She stated that her objective as a Planning Commissioner is to continue the efforts of the City Council which include the strong revitalization of the downtown business district. She also wants to continue with the efforts of attracting new businesses into the City of Baldwin Park. Planning Commissioner Corona stated that aesthetics is a major concern to the Planning Commission. He noted the increase in abandoned shopping carts. He expressed concern regarding the Code Enforcement program. He feels that additional funding should be sought in an effort to provide the necessary resources of additional Code Enforcement staffing. BIB] 37642-U01 2001-U02 05-U02 31-U02 CC-U02 MIN-U02 SS/SPECIAL-U02 LI1-U03 FO8420-U03 FO8621-U03 DO9058-U03 C4-U03 MINUTES1-U03 1/21/2003-U04 ROBIN-U04 SPECIAL-U05 SESSION-U05 CITY-U06 COUNCIL,-U06 HOUSING,-U06 PERSONNEL,-U06 PLANNING-U06 RECREATION/COMMUNITY-U06 COMMISSIONS-U06 2001 05 31 CC MIN SS/SPECIAL¦ŠSpecial Joint Meeting May 31. 2001 Page 4 Mayor Pro Tern Gair agreed that Code Enforcement is in need of additional staffing. She advised that additional code enforcement has been allocated for in the 2001-02 budget. She also feels that the City Council should be involved in the Planning Commission meetings. Mayor Pro Tern Gair suggested that when a subject matter goes before the City Council on appeal, that a member of the Planning Commission should be present to answer questions or concerns that the City Council may have prior to rendering its decision. Mayor Pro Tern Gair feels that there needs to be more interaction between the City Council and the Planning Commission. Councilmember Pacheco spoke about the CDBG funding process. He feels that the funding request total of needs to be carefully reviewed during the application process. He suggested perhaps establishing a cap percentage) as to the total amount of funding granted through the CDBG program. Housing Commissioner Weick stated that in her observation of the CDBG process, organizations do not present to the City Council what is initially presented to the Commission during the application process. Personnel Commissioner Rivera inquired about the possibility of creating an Economic Development Committee. Director Forintos commented that Mr. Rivera's suggestion for the formation of an Economic Development Commission is an excellent suggestion. A commission could be established consisting of two Planning Commissioners, two Council members, a member from the Chamber of Commerce, and staff. The purpose of the commission would be to attract new business while at the same time. retain existing businesses. Recreation Commissioner Vasquez thanked the City Council for calling this Special Meeting. Commissioner Vasquez inquired about the maintenance of the 99(t Only Store. She noted that the appearance of this area is a nuisance and needs to be cleaned up. Director Forintos stated that he is working with the owner of this property to comply with the City's request to clean up the area. Commissioner Vasquez also spoke about the lack of maintenance of residential properties. She suggested that property owners be contacted with a request to maintain their properties. Mayor Lozano spoke about the idea of implementing a quarterly city-wide residential clean-up program. He suggested that a program be established that motivates property owners while at the same time is competitive between neighborhoods. Councilmember Garcia stated that one of the problems associated with the lack of maintenance of residential properties may be due to absentee landlords rental properties). Unfortunately, rental properties are not maintained and cared for in the same manner that a homeowner would normally maintain his/her property. Recreation Commissioner DeLa Torre asked the status of the skate board park and inquired as to whether or not citations are being given to the students/children of the community. Mayor Lozano responded by stating that the objective of the City Council is not to issue citations but rather to provide a suitable place for the children to skate. Councilmember Garcia stated that the City is attempting to locate the skate park at the same location as the proposed teen center. Director Forintos provided an update to the proposed teen center/skate park. noting that the city is currently in negotiations with the Masons for acquisition of the site on Ramona Boulevard. In the near future, the City Council will solicit for bids from various architects for the design of the project. BIB] 37642-U01 2001-U02 05-U02 31-U02 CC-U02 MIN-U02 SS/SPECIAL-U02 LI1-U03 FO8420-U03 FO8621-U03 DO9058-U03 C4-U03 MINUTES1-U03 1/21/2003-U04 ROBIN-U04 SPECIAL-U05 SESSION-U05 CITY-U06 COUNCIL,-U06 HOUSING,-U06 PERSONNEL,-U06 PLANNING-U06 RECREATION/COMMUNITY-U06 COMMISSIONS-U06 2001 05 31 CC MIN SS/SPECIAL¦ŠSpecial Joint Meeting May 31. 2001 Page 5 Acting Chief of Police Kling spoke regarding the issuance of citations. He stated that the City presently does not have an ordinance that regulates skateboarding. Rather then issuing citations. the department is educating the youth by informing them of the potential hazards to pedestrians. If citations are being issued, it is possible that they are being issued by the Baldwin Park Unified School District Police, if the skateboarding is taking place within school property. Planning Chair Magdaleno spoke about the city's curbside refuse service noting that the service provider is not picking up bulky items. Mayor Lozano advised that staff is currently working on this matter with the service provider and that notification and announcements of the bulky item pick up procedures will be made in the upcoming issue of the NOW. Recreation Commissioner Viste inquired about the housing developments that have been approved in the City. She expressed concern about not providing enough green space to the community. Councilmember Pacheco stated that the city is currently working with the school district in an effort to jointly establish programs that would make school property available for open green space area. Recreation Commissioner Vargas stated that the existing translations in the NOW publication do not accurately and effectively communicate the messages as written in the English version. She suggested that future translations be carefully reviewed and edited before printing. BROWN ACT PRESENTATION Attorney Alvarez-Glasman introduced Assistant City Attorney John Olvera and Stephanie Chavez from his office. Attorney Alvaraz-Glasman provided hand-outs relating to Conflict of Interest laws noting that this topic would not be discussed this evening, but rather was being distributed for informational purposes. He continued with the presentation of an overview of the Brown Act as follows: The requirements of the Brown Act apply to legislative bodies" of local governmental agencies. This is more clearly defined to include the City Council and any commission, committee, board or other body of the local agency, whether permanent or temporary, decision-making or advisory, that is created by formal action of a legislative body. The Legislature found and declared that public commissions, boards and councils and other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and their deliberations be conducted openly. Standing committees of a legislative body. which consist solely of less than a quorum of the body, are subject to the requirements of the Act. Some common examples may include policy subcommittees of the City Council. A standing committee is one that exists to make routine and regular recommendations on issues and are considered a part of the governmental structure. The Brown Act does not apply to ad hoc committees. Generally, ad hoc committees serve for only a limited time or a single purpose, and become dissolved when their specific task is complete. Advisory and standing committees may. but are not required to have regular meeting schedules. Even if such a committee does not have a regular meeting schedule, its agenda should be posted at least 72 hours in advance of the meeting. BIB] 37642-U01 2001-U02 05-U02 31-U02 CC-U02 MIN-U02 SS/SPECIAL-U02 LI1-U03 FO8420-U03 FO8621-U03 DO9058-U03 C4-U03 MINUTES1-U03 1/21/2003-U04 ROBIN-U04 SPECIAL-U05 SESSION-U05 CITY-U06 COUNCIL,-U06 HOUSING,-U06 PERSONNEL,-U06 PLANNING-U06 RECREATION/COMMUNITY-U06 COMMISSIONS-U06 2001 05 31 CC MIN SS/SPECIAL¦ŠSpecial Joint Meeting May 31, 2001 Page 6 The Brown Act applies to persons who are elected to serve as members of a legislative body who have not yet assumed their duties of office. The Brown Act requires that all meetings be open and public. A meeting is defined as a gathering of a majority of members to hear or discuss any item of city business or potential city business. There are six specific types of gatherings that are not subject to the Brown Act as follows: 1) The individual contact exception. This includes conversations, whether in person, by telephone or other means, between a member of a legislative and any other person, provided that no other person of that same body is contacted for the purpose of developing a collective concurrence; 2) The seminar and conference exception. This includes the attendance by a majority of members at a seminar or conference or similar educational gathering. In order to qualify as an exemption to the Brown Act requirements, the seminar must be open to the public and be limited to issues of general interest to the public or to cities; 3) The community meeting exception. This exception allows members to attend neighborhood meetings, town hall forums, chamber of commerce lunches or other community meetings sponsored by an organization other than the City at which issues of local interest are being discussed; 4) The other legislative body exception. This exception allows a majority of members of any legislative body to attend meetings of other legislative bodies of the city or of another jurisdiction such as the county or another city) without treating such attendance as a meeting; 5) The social or ceremonial occasion exception. This does not apply to attendance by a majority of members at a purely social or ceremonial occasion provided that a majority of its members do not discuss among themselves matters of public business; and 6) The standing committee exception. This exception allows members of a legislative body. who are not members of a standing committee of that body. to attend an open and noticed meeting of the standing committee without making the gathering a meeting of the fully legislative body itself. The exception is only applicable if the attendance of the members of the legislative body who are not standing committee members, would create a gathering of a majority of the legislative body. The agenda posting requirements for meetings are as follows: An agenda for a regular meeting must be posted 72 hours in advance of the meeting. Special meetings must be posted at least 24 hours in advance of the meeting. Agendas must be posted in areas that are accessible to the public. Meeting agendas must contain a brief description of each item of business to be transacted or discussed at the meeting. The description need not exceed 20 words. The Brown Act mandates that agendas for regular and special meeting allow for public comment periods. A legislative body may adopt reasonable regulations that limit the total amount of time allocated to each person for public comments. It is not recommended to set time limits on land use, business license or permit application hearings. Non-agenda items may be acted on if first voted upon to place on the agenda as an emergency or subsequent need" item. This action requires a two-thirds vote of those present. In addition, there are several limited exceptions to the no discussion on non-agenda items rule. Those exceptions are as follows: Members of the legislative body or staff may respond to statements made or questions posed by persons during public comment periods; Members or staff may ask questions for clarification and provide a reference to staff or other resources for factual information; Members or staff may make a brief announcement, ask a question or make a brief report on his or her own BIB] 37642-U01 2001-U02 05-U02 31-U02 CC-U02 MIN-U02 SS/SPECIAL-U02 LI1-U03 FO8420-U03 FO8621-U03 DO9058-U03 C4-U03 MINUTES1-U03 1/21/2003-U04 ROBIN-U04 SPECIAL-U05 SESSION-U05 CITY-U06 COUNCIL,-U06 HOUSING,-U06 PERSONNEL,-U06 PLANNING-U06 RECREATION/COMMUNITY-U06 COMMISSIONS-U06 2001 05 31 CC MIN SS/SPECIAL¦ŠSpecial Joint Meeting May 31, 2001 Page 7 activities; Members may request staff to report back to the legislative body at a subsequent meeting concerning any matter; and finally, the legislative body may take action to direct staff to place a matter of business on a future agenda. The Brown Act allows a legislative body to convene to a closed session to meet privately with its advisor on specific topics. Examples of business which may be conducted in closed session include personnel evaluations or labor negotiations, pending litigation, and real estate negotiations. Attorney Alvarez-Glasman continued by stating that there are civil remedies for Brown Act Violations. The civil remedy includes an injunction court release) against further violations, orders nullifying any unlawful action, and orders determining the validity of any rule to penalize or discourage the action of the legislative body. It should be noted, that prior to a civil action being commenced, the complaining party must make a written demand on the legislative body to cure or correct the action. In conclusion, the Brown Act contains many rules and some ambiguities which can be confusing. Nonetheless, noncompliance with the Act is not an option. At this time. those present participated in a Brown Act" question and answer quiz. ADJOURNMENT There being no further matters for discussion; the meeting was adjourned at 9:20 p.m. Approved by the Council at their meeting held October 17. 2001. Rosemary N^Offirez. CMC Chief Deputy CHy Clerk BIB] 37642-U01 2001-U02 05-U02 31-U02 CC-U02 MIN-U02 SS/SPECIAL-U02 LI1-U03 FO8420-U03 FO8621-U03 DO9058-U03 C4-U03 MINUTES1-U03 1/21/2003-U04 ROBIN-U04 SPECIAL-U05 SESSION-U05 CITY-U06 COUNCIL,-U06 HOUSING,-U06 PERSONNEL,-U06 PLANNING-U06 RECREATION/COMMUNITY-U06 COMMISSIONS-U06