Loading...
HomeMy WebLinkAbout2002 11 06 CC MIN2002 11 06 CC MIN;¢f4º COUNCIL CHAMBER NOVEMBER 6, 2002 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: Councilmembers: Linda Gair, Ricardo Pacheco, Bill Van Cleave, Mayor Pro-Tem Marlen Garcia, and Mayor Manuel Lozano 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; Melecio Picazo, Interim Community Development Director; Manny Carrillo, Recreation/Community Services Director; Dolores Gonzalez-Hayes, Housing Director; Maria A. Contreras. City Treasurer; Kathryn Tizcareno. City Clerk; Rosemary M. Ramirez. Chief Deputy City Clerk and Kathleen Sessman. Deputy City Clerk ANNOUNCEMENTS Mayor Lozano requested to adjourn this meeting in memory of former resident David Fraijo Morales Suzie Ruelas' father-in-law). Mayor Lozano acknowledged and congratulated Assemblyman Ed Chavez and newly elected San Gabriel Valley Basin Water Board Member Alfonso Contreras, on their successful candidacy. Mayor Pro Tern Garcia extended an invitation to the audience to attend the Skate Park and Teen Center groundbreaking ceremony to be held on Saturday, November 9, 2002 at 10:00 a.m. Councilmember Gair thanked the City Council and Director Carrillo and staff, for presenting her with a plaque in recognition of her many years of volunteer parade service. Mayor Lozano commented on the fascinating Harley-Davidson procession led by Los Angeles Police Department Officer Mitchell Windsor. He requested that a letter of appreciation be sent to Officer Windsor for his participation in the parade. Councilmember Pacheco thanked Director Carrillo and staff, the Police Department and the Public Works Department staff for their efforts in coordinating the parade and for working on the day of the event. Councilmember Pacheco acknowledged the audience presence of Baldwin Park Chamber President Judy Mann and newly appointed Chamber Director Anna Marie Kimball. PROCLAMATIONS, PRESENTATIONS AND COMMENDATIONS Oath of Office and Certificate of Appointment was presented to newly appointed Personnel Commissioner Gloria Garcia. BIB] 37638-U01 2002-U02 11-U02 06-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8931-U03 C4-U03 MINUTES1-U03 1/16/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 11 06 CC MIN;¢f4º City Council Minutes November 6, 2002 Page 2 PUBLIC COMMUNICATIONS Cynthia Cruz. Famell Street. Lori Graham 12829 Farnetl Street, Alma Macias 12438 Farnell Street, and Harvey Graham. Famell Street, spoke regarding a neighbor dispute on Farnell Street and requested Council support for police intervention and assistance regarding this issue. Dan Trunco suggested that the police provide additional protection to the residents on Famell Street. Al Contreras thanked the City for allowing the Valley County Water District to participate in city parade. He also thanked alt who supported him in the San Gabriel Valley Basin District election and looks forward to working with the city on issues of mutual concern. Assemblyman Edward Ed" Chavez, thanked the City Council for their confidence in his work and for their support of his re-election to the California State Assembly. He reaffirmed his commitment to the City Council and to assisting the city in obtaining funds for community projects. Councilmember Pacheco thanked Assemblyman Chavez for his continued support. particularly his support of the recently acquired funding for the Bames Park improvements. Reverend Elmer Jackson, Christ Extended Hand and CEO/CEH Recovery Services, reaffirmed his commitment to the Council and expressed his desire to participate in the process of eradicating crime and violence from the City of Baldwin Park. He suggested that the Council provide the physical police support and the clergy will provide the spiritual support. Mike Armijo of Armijo Industries/Public Relations, thanked those who supported the passing of Baldwin Park Unified School District's Ballot Measure AA. which will provide funding in the amount $46.6 million to be used towards school facility improvements. Mr. Don Huff, 3814 Grace Avenue, acknowledge the support and advice of Chief Kling, Mayor Lozano. Councilmembers Gair, Van Cleave and Pacheco, and the City Attorney. He addressed comments on behalf of his son. to Mayor Pro Tern Garcia regarding a situation at Kaiser Permanente. Mr. Huff addressed Mayor Pro Tern Garcia stating that he had an opportunity to attend a Consortium meeting and was displeased with the manner in which he believes Mayor Pro Tern Garcia chaired the meeting. Mr. Huff stated to Mayor Pro Tern Garcia that he would be following her and watching her. He questioned her role as an elected official and her dared ness of serving her community when he believes she stands behind her employer instead. He stated that he has initiated a recall effort against Mayor Pro Tern Garcia and that a notice of intent was delivered this evening, to Chief Deputy City Clerk Ramirez for delivery to her and that a certified copy will be forthcoming. Pheldron Carter. 2322 Channing Street, West Covina. requested Council review and consideration to change the verbiage at the Metrolink monument to include black" in the passage written. BIB] 37638-U01 2002-U02 11-U02 06-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8931-U03 C4-U03 MINUTES1-U03 1/16/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 11 06 CC MIN;¢f4º City Council Minutes November 6, 2002 Page 3 CONSENT CALENDAR APPROVED Coundlmember Pacheco requested that the following item be removed from the Consent Calendar for discussion: 1) Item 1-H APPROVAL OF A CONSULTANT SERVICES AGREEMENT BALDWIN PARK CHAMBER OF COMMERCE BOO^O) Chief Executive Officer Keller requested that the following item be removed from the Consent Calendar for discussion: 2) Item 1-K APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH CIVIC SOLUTIONS, INC., FOR CONSULTING SERVICES WITHIN THE PLANNING DIVISION 600-30) Through Council consensus a motion was made approve Consent Calendar Item Nos. A-J with the exception of item H and K) as presented. There were no objections. MINUTES 6i<MO» The minutes of October 16, 2002 Study & Regular), were approved as presented. CLAIMS AND DEMANDS 3oo-30) Further reading was waived, read by title only and Resolution No. 2002-099 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). CLAIM REJECTION MELISSA MONTANEZ 01 012B) i70-7o» The City Council rejected the claim of Melissa Montanez 01 012B) and directed staff to send the appropriate notice of rejection to claimant. ORDINANCE ADOPTING 2001 CALIFORNIA BUILDING CODE, TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS 43o-3o» Further reading was waived, read by title only and Ordinance No. 1194 entitled. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CERTAIN SECTIONS OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE ADOPTION OF NEW UNIFORM CODES." was adopt on second reading. ORDINANCE RE-ADOPTING BALDWIN PARK MUNICIPAL CODE SECTION 150.003(A) 1999 LOS ANGELES COUNTY CODE BUILDING) TITLE 26 VOLUME I & II AMENDMENTS 430.30) Further reading was waived, read by titte only and Ordinance No. 1195 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 150.003 A-l) OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE UNIFORM BUILDING CODE." was adopt on second reading. BIB] 37638-U01 2002-U02 11-U02 06-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8931-U03 C4-U03 MINUTES1-U03 1/16/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 11 06 CC MIN;¢f4º City Council Minutes November 6. 2002 Page 4 ORDINANCE AMENDING SECTION 130.43 OF CHAPTER 130 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO POLICE ENFORCEMENT OF LOUD OR UNRULY ASSEMBLAGES 530^0} Further reading was waived, read by title only and Ordinance No. 1196 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 130.43 OF CHAPTER 130 OF THE BALDWIN PARK MUNICIPAL CODE TO PROVIDE FOR POLICE ENFORCEMENT OF LOUD OR UNRULY ASSEMBLAGES," was adopt on second reading. APPROVAL OF A LEASE AGREEMENT WITH SENATOR GLORIA ROMERO FOR THE USE OF OFFICE SPACE AT CITY HALL SOMO) The City Council approved a Lease Agreement for the use of an office on the third floor of City Hall by State Senator Gloria Romero and authorized the Chief Executive Officer to execute the Agreement. SALARY RESOLUTION AMENDING BASIC SALARY PLAN FOR THE EMPLOYEES OF THE CITY OF BALDWIN PARK TOO-M) Further reading was waived, read by title only and Resolution No. 2002-102 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION 2002-095 A BASIC SALARY PLAN FOR THE EMPLOYEES OF THE CITY OF BALDWIN PARK Rehabilitation Housing Specialist and Housing Programs Coordinator)." was adopted. APPROVAL OF A CONSULTANT SERVICES AGREEMENT WITH PERSONNEL CONCEPTS 600.30) The City Council approved a Consultant Sen/ices Agreement with Personnel Concepts in an amount not to exceed $30,000 for Personnel Services. Authorized the Chief Executive Officer to execute the Agreement and the Finance Director to make the necessary budget transfers. CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION APPROVAL OF A CONSULTANT SERVICES AGREEMENT BALDWIN PARK CHAMBER OF COMMERCE SOQ^)) Councilmember Pacheco pulled this item to announce for the benefit of the audience, that with the help of newly appointed Chamber President Mann, the City is now more involved with the business community. Mayor Pro Tern Garcia stated that as the appointed city representative/liaison to the Chamber, it is encouraging to now see the collaboration between the Chamber and the Crty and is proud of the positive working relationship that has been established. Councilmember Van Cteave stated that one of the purpose of this funding was for Business Promotion and Assistance. BIB] 37638-U01 2002-U02 11-U02 06-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8931-U03 C4-U03 MINUTES1-U03 1/16/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 11 06 CC MIN;¢f4º City Council Minutes November 6, 2002 Page 5 A motion was made to approve the Agreement with the Baldwin Park Chamber of Commerce in an amount not to exceed $100,050 for sen/ices to promote and assist local business in Baldwin Park and authorize the Mayor to execute the Agreement. MOTION: Mayor Pro Tern Garcia SECOND: Councilmember Pacheco Carried APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH CIVIC SOLUTIONS, INC., FOR CONSULTING SERVICES WITHIN THE PLANNING DIVISION oo^o» Chief Executive Officer Keller requested that this matter be withdrawn from the agenda. There were no objections. PUBLIC HEARING PUBLIC HEARING TO CONSIDER A REQUEST FOR APPROVAL OP A ZONE CHANGE TO ALLOW THE PLANNED DEVELOPMENT PD) OVERLAY ON THE EXISTING R1. SINGLE FAMILY RESIDENTIAL ZONE AND A DEVELOPMENT PLAN TO ALLOW THE CONSTRUCTION OF A 17 UNIT PLANNED DEVELOPMENT, PURSUANT TO SECTIONS 153.630 AND 153.271 OF THE CITY'S ZONING CODE CASE NUMBERS Z-627 AND DR- 17; LOCATION: 3714 % 3728 MAINE AVENUE; APPLICANT: D.C. CORPORATION) 440-60 & 410-60) At this point, Councilmember Gair recused herself from participation on the following matter and stepped off the council dais. Mayor Lozano declared the public hearing OPEN for public participation. There was no one wishing to speak, therefore Mayor Lozano declared the public hearing CLOSED. Councilmember Pacheco expressed concern with the property lot size and opposes the plans as submitted. He feels that consideration should be given to issues such as parking, traffic, no play area for children, insufficient yard space, and children playing in between cars. He also expressed concern with privacy issues, especially if situated as outlined in the plans. He also feels that the matter of Councilmember Gair selling her property and purchasing property in Tehachapi needs to be looked into. Mayor Pro Tern Garcia feels that the city has to participate in providing an adequate housing stock for the residents and other interested individuals and the choice of lot and home size should be left up to the buyer. Councilmember Van Cleave was surprised to hear Mayor Pro Tern Garcia support of the project; he agrees that the lot sizes need to be bigger. A motion was made to waive further reading, read by title only and introduce for firet reading Ordinance No. 1198 entitled. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CHANGE OF ZONE FROM R-1 TO R-1 PD) ON THE PROPERTY LOCATED AT 3714 Vz 3728 MAINE AVENUE; APPLICANT: D.C. CORPORATION; CASE NO.: Z-527." A motion was made to waive further reading, read by title only and adopt Resolution No. 2002-101 entitled. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING A DEVELOPMENT PLAN ALLOWING THE CONSTRUCTION OF A SEVENTEEN 17) UNIT SINGLE-FAMILY BIB] 37638-U01 2002-U02 11-U02 06-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8931-U03 C4-U03 MINUTES1-U03 1/16/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 11 06 CC MIN;¢f4º City Council Minutes November 6, 2002 Page 6 DETACHED RESIDENTIAL HOUSING DEVELOPMENT AND APPROVING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: D.C. CORPORATION; LOCATION: 3714 Vz 3728 MAINE AVENUE; CASE NO.: DR-17). MOTION: Mayor Pro Tern Garcia SECOND: Mayor Lozano NOES: Coundlmember Van Cleave and Pacheco Failed Councilmember Pacheco made a motion to refer this matter to back to staff and brought back with modifications. Motion died for lack of a second. PUBLIC HEARING TO CONSIDER A REQUEST FOR A ZONE CHANGE TO ALLOW THE PLANNED DEVELOPMENT PD) OVERLAY ON THE EXISTING RG, RESIDENTIAL GARDEN ZONE AND A DEVELOPMENT PLAN TO ALLOW THE CONSTRUCTION OF A SIXTEEN 16) UNIT SINGLE-FAMILY DETACHED HOUSING DEVELOPMENT; CASE NO.: Z-526 AND DR-18; LOCATION: 3722-3736 MERGED AVENUE; APPLICANT: D.C. CORPORATION) 440-w & 4iMO) At this point, Councilmember Gair recused herself from participation on the following matter and continued to remain off of the council dais. Mayor Lozano declared the public hearing OPEN for public participation. APPLICANT Ffdel Vargas requested that if the council takes the similar action on this matter as they did on Item A" above, that clarification be given regarding modifications. PROPONENTS Marie Contreras, City Treasurer of Baldwin Park and Kathryn Tizcareno, City Clerk of Baldwin Park spoke in support of the project. OPPONENTS Robert Ontiveros spoke in opposition to the project. Expressed concern with lot size. parking and safety of neighborhood children. There was no one else wishing to speak, therefore Mayor Lozano declared the public hearing CLOSED. A motion was made to refer back to staff for further consideration and reconfiguration. MOTION: Mayor Lozano SECOND: Garcia NOES: Pacheco Carried At this point, a motion was made to bring back for discussion and/or action City Council Agenda Item 2-A. MOTION: Mayor Lozano SECOND: Garcia NOES: Pacheco Carried BIB] 37638-U01 2002-U02 11-U02 06-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8931-U03 C4-U03 MINUTES1-U03 1/16/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 11 06 CC MIN;¢f4º City Council Minutes November 6. 2002 Page 7 PUBLIC HEARING TO CONSIDER A REQUEST FOR APPROVAL OF A ZONE CHANGE TO ALLOW THE PLANNED DEVELOPMENT PD) OVERLAY ON THE EXISTING R1, SINGLE FAMILY RESIDENTIAL ZONE AND A DEVELOPMENT PLAN TO ALLOW THE CONSTRUCTION OF A 17 UNIT PLANNED DEVELOPMENT, PURSUANT TO SECTIONS 153.630 AND 153.271 OF THE CITY'S ZONING CODE CASE NUMBERS Z-527 AND DR- 17; LOCATION: 3714 Vi 3728 MAINE AVENUE; APPLICANT: D.C. CORPORATION) 440-60 410^0) A motion was made to refer back to staff for further consideration and reconfiguration. MOTION: Mayor Lozano SECOND: Garcia NOES: Pacheco Carried At this point, Councilmember took her place at the dais. Councilmember Gair addressed an earlier comment by Coundlmember Pacheco, stating that when her integrity is questioned, she is compelled to respond. She stated for the record. that she in fact has sold her Baldwin Park property', is the owner of property in Tehachapi. California City. Nevada, and in Arizona. She further stated that a deal point of the sale of her Baldwin Park home of which the City Attorney has provided an opinion on) was that she be allowed to continue her residency until such time that the property is demolished, which would be after the expiration of her term. She ended by stating that she has every intention of fulfilling her obligation to the people of the City of Baldwin Park and, affirmed that it is her prerogative if she wishes to spend the weekend or days at her other properties. REPORTS OF OFFICERS AWARD OF CONTRACT FOR CITYWIDE LANDSCAPING SERVICES BOO-M) After lengthy discussion, Councitmember Gair requested item be referred back to staff and brought back at the November 20, 2002 City Council Meeting. Councilmember Pacheco requested that additional information on the park maintenance fund be included. MOTION: Mayor Lozano SECOND: Councilmember Pacheco Carried COUNCIL / STAFF REQUESTS AND COMMUNICATIONS REQUEST BY MAYOR LOZANO FOR THE DISCUSSION OF AQMD'S PROPOSED BAN ON PERCHLOROETHYLENE, A CHEMICAL COMMONLY USED IN DRY CLEANING After a brief discussion about assisting Baldwin Park businesses with transitioning to an alternate cleaning product, a request was made by Councilmember Gair for a copy of AQMD'S meeting transcript before any action is taken regarding this matter. There were no objections. REQUEST BY CHIEF EXECUTIVE OFFICER KELLER FOR A DISCUSSION AND ACTION ON CHANGING THE JANUARY 1, 2003 CITY COUNCIL MEETING DATE Due to the upcoming New Year's Day holiday schedule, a request was made that only one 1) City Council Meeting be hetd on January 15. 2003. There were no objections. BIB] 37638-U01 2002-U02 11-U02 06-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8931-U03 C4-U03 MINUTES1-U03 1/16/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 11 06 CC MIN;¢f4º City Council Minutes November 6, 2002 Page 8 Park Maintenance Assessment Funds Update Mayor Lozano requested an update at the November 20, 2002, of the Park Maintenance Assessment funds. Dust Control on 24-Acre Site At the request of a citizen. Mayor Pro Tern Garcia requested that efforts be made to control the dust and soil at the 24-Acre site. Verbatim Transcription Request Withdrawn Mayor Pro Tern Garcia withdrew her request for a verbatim transcript of he October 16. 2002. City Council meeting minutes. Ad Hoc Committee Meeting regarding Mining Issues Mayor Pro Tern Garcia reported on a recent ad hoc committee meeting held with the City of Irwindale regarding mining issues. There was an exchange of information provided particularly background information and the current status of the various pit locations, including those contiguous to the City of Baldwin Park. She requested the Chief Executive Officer to prepare a brief summary of said meeting and distribute copies to the City Council. There were no objections. Request for testing of Council Chamber Microphones Councilmember Van Cleave referred to the copy of the verbatim minutes he previously requested, noting that his comments were marked inaudible". In an effort to record his comments in the future, he requested that the microphone be checked and tested for malfunctions. Councilmember Gair reminded Councilmember Van Cleave that his voice projects deep and is often inaudible. Illegal Vendors Councilmember Pacheco commented on the number of illegal vendors that congregate at St. John the Baptist Church. He requested staff to meet with Fr. John in an effort to assist with removal of these vendors. There were no objections. Neighborhood News Baldwin Park Councilmember Pacheco referenced a newspaper titled, Neighborhood News Baldwin Park. He inquired as to whether or not the city had given the publisher permission to print City related material. He feels that this publication may be in contradiction to the NOW publication. He asked that this matter be referred to the City Attorney for review and handling. There were no objections. Baldwin Park Parade City Treasurer Contreras thanked Director Carrillo and staff for their efforts in coordinating the Baldwin Park parade. She also thanked everyone who supported her husband. Alfonso Contreras in his successful bid to the San Gabriel Vallev Water Basin Board. BIB] 37638-U01 2002-U02 11-U02 06-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8931-U03 C4-U03 MINUTES1-U03 1/16/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 2002 11 06 CC MIN;¢f4º City Council Minutes November 6, 2002 Page 9 Mayor Lozano stated that he had problems accessing his city email over the weekend. He suggested that any work that may potentially affect the Consultants analysis, be stopped. Councilmember Pacheco requested to bring back the Request for Qualifications. Councilmember Gair reminded Councilmember Pacheco that the council had already voted on this matter. Director Sanchez stated that request for proposals have already been sent. Councilmember Pacheco would like to include local businesses in the selection process. ADJOURNMENT There being no further matters for discussion, the meeting was adjourned at 9:08 p.m. to Thursday, November 7, 2002, at 8:00 a.m. at Baldwin Park City Hall. Room 307. in memory of former resident David Fraijo Morales. Approved as corrected by the Council at their meeting held November 20. 2002. Correction made to include the comments made by Mr. Don Huff during public communication directed to Mayor Pro Tern Garcia.] Rosemary MI.Ra®pK, CMC Chief Deputy City Clerk BIB] 37638-U01 2002-U02 11-U02 06-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO8931-U03 C4-U03 MINUTES1-U03 1/16/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06