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HomeMy WebLinkAbout2003 06 04 CC MIN2003 06 04 CC MIN(Ììó COUNCIL CHAMBERS 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 JUNE 4, 2003 WEDNESDAY 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: Councilmember Ricardo Pacheco, Recreation and Community Services Commissioner Irma Tarango, Recreation and Community Services Commissioner Rita Vasquez, Chief Executive Officer Dayle Keller, Sgt. Bob Delgado, Interim Community Development Director Melecio Picazo, and Recreation and Community Services Director Manuel Carrillo Also Present: Dayle Keller, Chief Executive Officer; Stephanie Scher, City Attorney; Mark Kling, Chief of Police; Jose Sanchez, Finance Director; Shafique Naiyer, Public Works Director; Melecio Picazo, Interim Community Development Director; Manny Carrillo, Recreation and Community Services Director; Dolores Gonzalez-Hayes, Housing Director; Kathryn Tizcareno, City Clerk; Maria A. Contreras, City Treasurer; Rosemary M. Ramirez, Chief Deputy City Clerk; and Kathleen Sessman, Deputy City Clerk ANNOUNCEMENTS Mayor Lozano requested to adjourn this meeting in memory of Baldwin Park resident Sergeant Ignacio Marin, who was killed in Iraq by enemy fire. Councilmember Ofivas stated that our sons and daughters are still in Iraq and he expressed the importance of continuing to support our troops. PROCLAMATIONS, PRESENTATIONS AND COMMENDATIONS Awards were presented to the winner and finalists of the 2003 Young Citizens' of the Year Award. Continued from May 28, 2003 Meeting) A Certificate of Recognition was presented to Recreation and Community Services Commissioner Irma Tarango for her recognition by Congresswoman Hilda Solis at the 32nd Congressional District Celebration of Women. Certificates of Recognition were presented to the 2004 Used Oil Recycling Calendar Art Work Contest Winners." Certificates of Recognition were presented to Mr. Glenn St. Peter and Mr. Joe Orozco in honor of receiving the Los Angeles County Board of Supervisors and the Los Angeles County Commission on Aging 2003 Annual Older Americans Community Service Award." PUBLIC COMMUNICATIONS Marry Ferrer thanked the Public Works department for fixing the light on her street. BIB] 37839-U01 2003-U02 06-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO20242-U03 C4-U03 MINUTES1-U03 8/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 2003 06 04 CC MIN(Ììó City Council Minutes June 4, 2003 Page 2 Dan Trunco expressed frustration at statements made by Mr. Cook at the previous Council Meeting regarding making the Baldwin Park Police Department responsible for graffiti clean up. Mr. Trunco expressed dismay with Mayor Pro Tern Van Cleave noting that the alleged actions of Mayor Pro Tern Van Cleave have created an adverse impact on the entire community. Mr. Trunco requested Mayor Pro Tern Van Cleave to resign from his official capacity as Councilmember. Mary Guerrero, spoke on behalf of her father who is the property owner at 13910 Los Angeles Street. She requested City Council assistance with a Code Enforcement issue. She stated that the Code Enforcement Department is citing that the garage on the property, has been illegally converted when in fact, it has not. Mayor Lozano requested Interim Director Picazo to review this matter and provide a report back to the City Council. There were no objections. Frank Ramos stated his opposition to the proposed WalMart project and expressed concern with the effect the project will have on the community and local businesses. CONSENT CALENDAR APPROVED Councilmember Pacheco requested that the following items be removed from the Consent Calendar for discussion: 1) Item 1-E AWARD OF GRANT FUNDS TO AMERICAN LITTLE LEAGUE FOR THE PURCHASE OF EQUIPMENT AND AWARDS 2) Item 1-G ORDINANCE APPROVING A ZONE CHANGE; ANTONIO PLASCENCIA, was initially approved via the consent calendar however, later in the meeting, the matter was approved for reconsideration and action. Subject matter is discussed further under CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION" A motion was made approve Consent Calendar Item Nos. A-G with the exception of item E and G) as presented, and as follows: MOTION: Councilmember Garcia SECOND: Mayor Lozano Carried MINUTES The minutes of May 19, 2003 Regular); April 30, 2003 Special); April 30, 2003 Special); May 7, 2003 Regular); and May 12, 2003 Special Meeting), were approved as presented. WARRANTS AND DEMANDS Report was received and filed. AWARD OF CONTRACT FOR CONSTRUCTION OF 2002-03 PROP C" STREET, CIP 871 The City Council awarded the contract to All American Asphalt in the amount of $353,165 for construction of 2002-03 Prop C" Street, CIP 871. The Mayor was authorized to execute the Agreement. The Director of Public Works was authorized to execute any necessary change orders in an amount not to exceed ten percent 10%) of the original contract amount. BIB] 37839-U01 2003-U02 06-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO20242-U03 C4-U03 MINUTES1-U03 8/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 2003 06 04 CC MIN(Ììó City Council Minutes June 4, 2003 Page 3 AWARD OF CONTRACT FOR CONSTRUCTION OF 2002-03 ISTEA STREET IMPROVEMENTS PROJECT, CIP 801 The City Council awarded the contract to All American Asphalt in the amount of $284,284 for construction of 2002-2003 ISTEA Street Improvements, CIP 801. The Mayor was authorized to execute the Agreement. The Director of Public Works was authorized to execute any necessary change orders in an amount not to exceed ten percent 10%) of the original contract amount. APPROVAL TO RELEASE FUNDS FROM THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT JAIBG) The City Council approved the release of $12,508 in Juvenile Accountability Incentive Block Grant JAIBG) funds to the County of Los Angeles, for the purpose of creating a consolidation of allocated funds between neighboring cities, thus providing for contracted services of a prosecutor from the Los Angeles County District Attorney's Office. The Deputy District Attorney assigned from these funds will specifically be used for vertical prosecution of serious juvenile offenders). The Chief Executive Officer was authorized to execute the WAIVER OF DIRECT SUBGRANT AWARD FROM UNIT OF LOCAL GOVERNMENT" form. CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION AWARD OF GRANT FUNDS TO AMERICAN LITTLE LEAGUE FOR THE PURCHASE OF EQUIPMENT AND AWARDS Councilmember Pacheco expressed concern with this request noting that if approved, Council will be setting a precedence. He requested that if such action is going to be taken, that Council establish criteria for the granting of funds and that funds be appropriated through the budget process. Mayor Pro Tern Van Cleave and Councilmember Pacheco offered to donate their time in assisting American Little League in their fundraising efforts. A motion was made to bring back item during budget session and in the interim, staff was directed to prepare a general letter of solicitation to all local business on behalf of American Little League, for City Council signature. Said letter shall be in an amount to be determined and not exceed the total amount $2,500. MOTION: Councilmember Olivas SECOND: Councilmember Pacheco Carried ORDINANCE APPROVING A ZONE CHANGE, FROM R-1 TO R-1 PD), TO ALLOW THE CONSTRUCTION OF A TEN 10) UNIT SINGLE-FAMILY DETACHED RESIDENTIAL PLANNED DEVELOPMENT LOCATION: 4751 CENTER STREET; APPLICANT: ANTONIO PLASCENCIA; CASE NO.: Z-530) Further reading was waived, read by title only and Ordinance No. 1205 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) LOCATED AT 4751 CENTER STREET; APPLICANT: ANTONIO PLASCENCIA; CASE NO.: Z-530, was approved. Councilmember Pacheco inquired as to whether the previously requested information regarding the open space area, specifically, cost estimates on installing grass, sprinklers and BIB] 37839-U01 2003-U02 06-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO20242-U03 C4-U03 MINUTES1-U03 8/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 2003 06 04 CC MIN(Ììó City Council Minutes June 4, 2003 Page 4 all the landscaping had been provided. Interim Director Picazo stated that staff is working on this obtaining this information, in terms of what can be built on said property. Councilmember Olivas stated that he had forgotten that this matter was supposed to come back with the requested information before this ordinance was adopted on second reading. He noted that once the second reading is made on the ordinance, it is deemed approved. A substitute motion was made to reconsider this matter for discussion with a request to continue this matter to June 18, 2003. MOTION: Councilmember Olivas SECOND: Councilmember Pacheco Carried PUBLIC HEARINGS PUBLIC HEARING TO CONSIDER RESOLUTIONS APPROVING THE ENGINEER'S REPORT FOR CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2003-04 Mayor Lozano noted that this matter was inadvertently published for June 4, 2003 when in fact, the legal notice should have been published for June 18, 2003. Councilmember Olivas requested that the City Attorney research the publication requirements. There were no objections. Mayor Lozano declared the public hearing OPEN for public participation. There being no speakers, the council unanimously, by consensus, CONTINUED the public hearing to June 18,2003. PUBLIC HEARING TO CONSIDER RESOLUTIONS APPROVING THE ENGINEER'S REPORT FOR CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2003- 04 Mayor Lozano noted that this matter was inadvertently published for June 4, 2003 when in fact, the legal notice should have been published for June 18, 2003. Councilmember Olivas requested that the City Attorney research the publication requirements. There were no objections. Mayor Lozano declared the public hearing OPEN for public participation. There being no speakers, the council unanimously, by consensus, CONTINUED the public hearing to June 18,2003. PUBLIC HEARING TO CONSIDER APPROVAL OF AN AMENDMENT TO THE CITY'S ZONING CODE ELIMINATING SECTIONS PERTAINING TO THE O," OUTDOOR ADVERTISING DISTRICT OVERLAY ZONING DESIGNATION AND DEVELOPMENT STANDARDS FOR OUTDOOR ADVERTISING; CASE NO. AZC-148 Report presented by Principal Planner Harbin as follows: Several meetings ago, staff brought to the City Council three different alternatives to address the moratorium on billboards which was adopted in 2001. At that time, the City Council directed staff to revise the ordinance to eliminate any future BIB] 37839-U01 2003-U02 06-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO20242-U03 C4-U03 MINUTES1-U03 8/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 2003 06 04 CC MIN(Ììó City Council Minutes June 4, 2003 Page 5 billboards. Staff has completed that task. Before you at the dais, is a revised ordinance with the revised language. Staff is requesting that the City Council adopt the Negative Declaration along with Ordinance No. 1204. Mayor Lozano declared the public hearing OPEN for public participation. There being no speakers, Mayor Lozano CLOSED the public hearing. Councilmember Olivas thanked staff for incorporating the adoption of the Negative Declaration on the report. Councilmember Olivas inquired about existing billboards. Principal Planner stated that the ones that have been put in place pursuant to a development agreement and the settlement agreement are the ones that have been adopted within the last 5 years along the 605 and the 10 Freeway. Those are governed by those development agreements and/or settlement agreements respectively. They do have expiration dates and options which the council at that time, can take towards the end of those agreements. With respect to the other existing billboards that have been in existence along Arrow Highway and Ramona Boulevard east of the Ramona/Badillo intersection; those abatement periods will be addressed as part of the zoning code update. The state has very detailed law regarding abatement periods and staff will be reviewing those laws and incorporating them into the zoning code update. City Attorney Scher stated that one of the reasons that the ordinance has been changed is for assurance that the maximum flexibility possible for the city to abate, should the city choose to abate. That is one of the reasons that the language was changed. She further stated that further analysis needs to be completed and that matter will come back to the City Council in approximately 6 months. In response to a question by Mayor Lozano, Principal Planner Harbin stated that the length of time that the non-conforming billboards would be given three years to abate that use. In response to Councilmember Olivas inquiry, Chief Executive Officer Keller indicated that copies of the Development Agreements and Settlement Agreements will be forwarded to the City Attorney for her review. Councilmember Pacheco requested to direct staff to review the compliance of the Agreements with the billboard companies. He particularly would like to ascertain that all applicable fees payable to the City are up-to-date and that the landscaping requirements are being met, particularly near the former Shell gas station. Principal Planner Harbin stated that a letter has been sent to Regency regarding the maintenance of this property. She will follow-up with an on-site inspection in approximately 30 days. Councilmember Pacheco also inquired about the area in which the tri-billboard is located at noting that certain fees were to be paid to the city for use of landscaping the bottom portion, behind the street area, which to date, has not been completed. Principal Harbin will follow-up on this matter. A motion was made to approve the Negative Declaration of Environmental Impact, waive reading, read by title only and adopt on first reading, Ordinance No. 1204 as amended, entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ELIMINATING LANGUAGE IN THE ZONING CODE PERTAINING TO ZONING BIB] 37839-U01 2003-U02 06-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO20242-U03 C4-U03 MINUTES1-U03 8/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 2003 06 04 CC MIN(Ììó City Council Minutes June 4, 2003 Page 6 DESIGNATIONS AND DEVELOPMENT STANDARDS FOR OUTDOOR ADVERTISING STRUCTURES. MOTION: Councilmember Pacheco SECOND: Councilmember Olivas Carried REPORTS OF OFFICERS DIRECTION AND APPROVAL FOR THE NAMING OF THE TEEN CENTER AND SKATE PARK Councilmember Pacheco requested that this matter be held over and that in the interim, a meeting of the Teen Center Task Force will be scheduled to further discuss this item. He requested that Councilmember Olivas serve as an alternate to the meeting in the event Mayor Pro Tern Van Cleave is not available. There was no objections. Upon question by Mayor Lozano, Director Carrillo stated that the lead time for ordering the plaque was 8-10 weeks. Councilmember Olivas stated that one of the few pleasures that one has as a Councilmember is to make a decision of naming a building that will be there forever. He requested that in the future, staff reports not include verbiage stating, staff has reviewed all the possible names and has determined it would be appropriate to name it x". Councilmember Olivas further stated that if the City Council is going to review names, then at least the City Council should have the privilege. Councilmember Garcia requested that since the committee will be reviewing potential names for the Teen Center and Skate Park, she asked that the park be added to the list of facilities to be renamed. Effectively, the committee will be looking at naming three facilities; the Teen Center, Skate Park and Central Park West. There were no objections. The City Council unanimously, by consensus, CONTINUED the item to June 18, 2003. REVIEW OF ALTERNATIVES TO ADDRESS THE MOSQUITO ABATEMENT AND VECTOR CONTROL NEEDS IN THE CITY Assistant to the Chief Executive Officer Bouton presented the report as follows: This is being brought back at the City Council's request to look at alternatives. Staff has reviewed three separate alternatives for mosquito and vector control services in the City as follows: The first alternative is to authorize a vote of the residents to consider an assessment to join the San Gabriel Valley Mosquito and Vector Control District, which the City is currently contracting with for vector control services. The City of Baldwin Park is located within the sphere of influence for the San Gabriel Valley Vector Control. The District provides Mosquito Abatement and Vector Control services. Their services are funded through a public assessment of approximately $5.60 annually per residence. The Vector Control District is willing to include the City of Baldwin Park in their District to ensure that residents are guaranteed vector control services year round. However, regardless of the City's involvement in the District, the District has the ability to enter the City to abate any mosquito or vector threats as they feel necessary and then charge the city for the services. BIB] 37839-U01 2003-U02 06-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO20242-U03 C4-U03 MINUTES1-U03 8/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 2003 06 04 CC MIN(Ììó City Council Minutes June 4, 2003 Page 7 The second alternative is to work with Greater Los Angeles Vector Control District which is a separate vector control district. This Vector Control District serves cities and unincorporated county areas near the City of Baldwin Park. It also is funded through an assessment at a rate of $4.05 annually per residence. However, this rate does not include the abatement of bees. Those services must be obtained from an outside, private contractor. Although, the Council may consider joining this District, any such action would need to be approved by LAFCO. This approval may be difficult to achieve as the City is in the sphere of influence of a different Vector Control District and their approval of a second district's operations in their territory would be needed. The third alternative is to utilize private contractors. Staff contacted several companies that provide bee, wasp, yellow jacket and small animal rats/mice) control. A common theme amongst all of the companies was that a yearly quote for services would be impossible. Every situation regarding ridding a structure or area of flying insects and/or small pests is different and is priced accordingly. Most of the companies did indicate that, if the City exclusively used them, the City could get a reduced rate on the services, but none would provide a firm percentage or dollar amount reduction. Also, most companies only handled either flying insect control or small pest control. If the company did both it was their preference to do flying insect control as opposed to small pest control. In addition, it is staffs understanding that private contractors do not have the training to handle mosquito abatement. This option would create an annual general fund expense for the City. Another option would be to leave the responsibility for vector control completely to the residents, as is the case now. This leaves the burden of finding a contractor when problems occur and bearing the costs of the services to the residents. Prior to the City's interim agreement with the Mosquito and Vector Control District, staff did receive frustrated calls from residents who had friends in neighboring cities that had vector control services while they were forced to pay for them on their own. Assistant to the Chief Executive Officer Bouton continued by stating that if the City Council chooses to allow the voters to decide whether they would like an assessment through the San Gabriel Valley Mosquito and Vector Control District, staff will include engaging the services of a marketing consultant to assist in disseminating pertinent information. The contract for a marketing firm will be brought back for the City Council's consideration. At this time, it is recommended that the City Council 1) determine the approach that they would like to take to vector control services in the City of Baldwin Park or, 2) If the City Council chooses to approve an assessment election to join the San Gabriel Valley Mosquito and Vector Control District, then adopt the appropriate resolution. Assistant to the Chief Executive Officer Bouton introduced Ken Fujioka, representative of the Mosquito Abatement & Vector Control District, who is available to answer questions by the Council. In response to an inquiry by Mayor Pro Tern Van Cleave, Mr. Fujioka stated that the use of pesticides for insect removal is the last resort. Education and removing sources of water is the best method. The District also has a disease surveillance component in which mosquitoes trapped as well as looking for signs of diseases in bird populations as well. BIB] 37839-U01 2003-U02 06-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO20242-U03 C4-U03 MINUTES1-U03 8/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 2003 06 04 CC MIN(Ììó City Council Minutes June 4, 2003 Page8 In response to an inquiry by Councilmember Olivas as to whether the District would continue to contract with the City of Baldwin Park on a month-by-month Basis, Mr. Fujioka, stated that the board cannot contract on a month-to-month basis. Councilmember Olivas requested that the Mosquito Abatement and Vector Control District provide this decision in writing. In response to a question by Councilmember Olivas, Mr. Fujioka stated that there are four cities in Los Angeles County that operate independently; South Pasadena, Pasadena, Baldwin Park and La Canada Flintridge. Councilmember Olivas requested to receive information on the next staff report as to how the other cities that operate independently, handled their vector control issues. He also requested to know how Baldwin Park has been able to function for as long as it has without vector control services; if there are any other funding sources other than general fund, and he also requested that all previous memos and correspondence be included in next staff report. Councilmember Olivas further stated that in the event the City Council decides to use a private company, then the City will probably seek Request for Proposals. He requested Assistant to the Chief Executive Officer Bouton research the process used by the other cities, if in fact, they used the RFP process. The Council unanimously, by consensus, CONTINUED this matter to June 18, 2003. PROPOSED ENHANCEMENTS TO GRAFFITI REMOVAL AND CODE ENFORCEMENT PROGRAMS CONTINUED FROM MAY 28, 2003) The Council unanimously, by consensus, deferred this matter for discussion during budget deliberations. Councilmember Garcia commented that the Graffiti Task Force was to have scheduled a meeting however, said meeting has not been held to date. Mayor Lozano stated that a meeting would be coordinated to further discuss this matter. Mayor Pro Tern Van Cleave requested to receive via the weekly report) a copy of the laws prohibiting graffiti. ESTABLISHMENT OF NEW IN-HOUSE COMMITTEES CONTINUED FROM MAY 28.2003) The Council unanimously, by consensus established the following new in-house committees and assigned Council representatives as follows: Name of Committee Member Member Water Committee 2+2 Councilmember Pacheco Mayor Lozano Parade Committee Councilmember Olivas Councilmember Pacheco Job Center Committee Mayor Pro Tern Van Cleave Councilmember Pacheco Clean Up Committee Mayor Lozano Councilmember Pacheco COUNCIL REQUESTS Councilmember Pacheco requested staff to look into Mayor Lozano's nomination to the San Gabriel Basin Water Quality Authority noting that the nomination possibly may have not been received by the San Gabriel Basin Water Quality Authority within the filing timeline. Assistant to the Chief Executive Officer Bouton will follow up. BIB] 37839-U01 2003-U02 06-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO20242-U03 C4-U03 MINUTES1-U03 8/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 2003 06 04 CC MIN(Ììó City Council Minutes June 4, 2003 Page 9 Mayor Lozano requested enforcement and removal of the illegal signs that are placed along the freeway corridor and within the city's jurisdiction. Said matter was referred to Code Enforcement. Councilmember Olivas requested to receive an attendance list for all Commissions respectively. He also stated that at the next meeting, he may be asking to open all of the commissioner positions. Councilmember Olivas referred this comment to staff stating that staff should assume that Councilmembers may never read his/her Council update so, anything that is in the Council update, which is received on a weekly basis, should not be used as a means of obtaining tacit approval of anything or the assumption because Council does not comment on one of those Council updates, that the Council agrees or does not agree to anything. Councilmember Pacheco requested, if possible, that the upcoming crime prevention fair be posted on one of the billboards. There were no objections. Chief Kling stated that Detective Frank Seminaris may be seen on the news in a story relating to an arrest made out of an auto theft case which led to a domestic terrorism. This matter caught the media's interest. A briefing held this same date at the Los Angeles County Sheriffs Department Headquarters to honor the officers that were involved in this arrest. Councilmember Pacheco congratulated Lt. Mike Taylor on receiving his Bachelors degree. Mayor Lozano announced that the Baldwin Park Police Department will participate in the annual Special Olympic Torch Run to be held Thursday, June 5, 2003, beginning at 9:00 a.m. ADJOURNMENT There being no further matters for discussion, the meeting was adjourned at 9:40 p.m. Approved as presented by the Council at their meeting held July 30, 2003. Jose Sanchez Agency Secretary BIB] 37839-U01 2003-U02 06-U02 04-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO16119-U03 DO20242-U03 C4-U03 MINUTES1-U03 8/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05