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HomeMy WebLinkAbout2008 03 05 CC MIN2008 03 05 CC MINHÄ—@¸—‘#Í«MINUTES CITY OF BALDWIN PARK WEDNESDAY, MARCH 05, CITY COUNCIL 2008 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tem Marlen Garcia, Monica Garcia, Ricardo Pacheco, Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER INVOCATION Led by Pastor Jackson PLEDGE OF ALLEGIANCE ANNOUNCEMENTS Mayor Lozano closed on behalf of the Mata family & Perez famiy who were affected by the recent incident in Rockenbach ROLL CALL Present: Councilmember Marlen Garcia, Councilmember Monica Garcia, Councilmember Pacheco, Mayor Pro Tem Bejarano, Mayor Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Joseph W. Pannone, City Attorney, Manuel Carrillo Jr., Director of Recreation & Community Services, Marc Castagnola, Community Development Manager, Lieutenant Lili Hadsell, David Lopez, Associate Engineer, City Treasurer Contreras, City Clerk Rubio, Deputy City Clerk Nieto. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS * Proclamation proclaiming March 10 14, 2008 as Adult Education Week in the City of Baldwin Park Mayor Lozano read the proclamation and presented it to Dr. Kerr & Denise Tornatore of the Baldwin Park Adult School. Dr. Kerr announced the upcoming assembly to recognize the students of the Page 1 of 7 BIB] 39636-U01 2008-U02 03-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117560-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04 2008 03 05 CC MINHÄ—@¸—‘#Í«adult education programs CM Pacheco announced the technology updates at BPACE and recommended that individuals take advantage of the programs offered * Certificate presentation to the 2008 Employee Recognition Dinner Sponsors Mayor Lozano presented the certificates to the 2008 Employee Recognition Sponsors PUBLIC COMMUNICATIONS Neil Evans, attorney representing Jan's Towing expressed concern about Consent Calendar Item #6 that will extend the franchise agreement with Royal Coaches and the bypassing of the public bidding process. Simon W. Guilllian, resident, inquired as to who ordered the sale of the Chamber of Commerce building for an amount that he did not feel reflected the value of the builidng. Julisa Perez, representative from the Honorable Congresswoman Hilda Solis' office introduced herself to the Council. Raquel Salaiza, resident through City Interpreter Salceda), advised that she and her husband were present to participate in the public hearing they are attempting to protect the health of their children. Augie Galaviz, resident, thanked the Council for their attendance at a past event that benefitted the children in the community. Eric Dzib, resident, stated his opposition to the proposed redevelopment project. Thomas Carey, resident, spoke regarding various issues including weed abatement, public nuisance & redevelopment. Leslie Bito, Park Shadows resident/member of CARA, inquired how many of the individuals holding signs in favor of the project were going to be affected by it. CARA is not in opposition to redevelopment, but to the way that it has been handled. George Aguilar, Redemer Food Bank, spoke about the services his organization has provided to residents in the City of Baldwin Park and they hope to continue to provide these services. Greg Tuttle, business owner, spoke on various issues including recent comments by the Mayor on former Chief of Police Lopez, budget issues, public safety, and Police Department consultant expenditures. Tony Mena, resident, stated that he did not work for Bisno Development and he did support the proposed project. Further stated that he wanted more for his community and stated his support for the Council. Page 2 of 7 BIB] 39636-U01 2008-U02 03-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117560-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04 2008 03 05 CC MINHÄ—@¸—‘#Í«James Treasure, resident/business owner, spoke about the redevelopment, the former Chief of Police, and the sale of the Chamber of Commerce. He requested that the Council meet with the members of CARA to discuss the redevelopment project. Amelita Bez, resident, expressed her displeasure with the actions of the Council, the increased violence in the community, and the redevelopment project. Ken Woods, long time resident & business owner, addressed the Council on the issue of redevelopment, specifically the correspondence between the City and Bisno Development that stated the cost per acre to include relocation & good faith benefits. Terry Muse, resident, addressed the Council on the matter of redevelopment and how it has benefitted those who may be in opposition to the proposed project. The community needs to come together to improve. Cesar Guitillian, business owner, stated that CARA is not against the redevelopment of the city but the manner in which it had been happening. Emphasized the participation of the CARA members and the hardships that they are experiencing because of the redevelopment plans. Public Communications were closed at 8:03 p.m. Mayor Lozano commented that the Chamber of Commerce board agreed upon the sale of the property and that the City was a separate entity. It was recommended that if one has an inquiry regarding the Chamber of Commerce, that they direct their comments to the current Executive Director. CONSENT CALENDAR Motion: Approve CONSENT CALENDAR with the exception of Item #6 Moved by Councilmember Marlen Garcia, seconded by Mayor Lozano. 1. WARRANTS & DEMANDS City Council received and filed the report. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF MARCH 5, 2008 TO MARCH 18, 2008 City Council approved the preparation and presentation of the awards as outlined in staff report. 3. MINUTES City Council approved the minutes of the February 20, 2008 meeting special & regular). 4. CLAIM REJECTION City Council rejected the claims of Pedro Hinojosa and Angel Walker through Page 3 of 7 BIB] 39636-U01 2008-U02 03-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117560-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04 2008 03 05 CC MINHÄ—@¸—‘#Í«his guardian Ad Litem, Rachael Alfaro and directed staff to send the appropriate notices of rejection to claimants. 5. AMENDMENT TO EMPLOYMENT AGREEMENT WITH DIRECTOR OF RECREATION & COMMUNITY SERVICES AND HUMAN RESOURCES MANAGER City Council approved the amended Agreements and authorized the Mayor to execute the Agreements. The following item was pulled by Mayor Pro Tem Bejarano: 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CERTAIN FEES FOR POLICE RELATED SERVICES, EXTENDING THE CURRENT TOWING CONTRACT FOR A PERIOD OF FIVE YEARS, AND REVISING THOSE SAME FEES, AS SET FORTH IN RESOLUTION NO. 2005-001 Mayor Pro Tern Bejarano requested that this item be brought back to the next Council meeting and that the staff report address the issues brought up by Jan's Towing regarding the competitive bidding process. Councilmember Pacheco requested clarification from legal counsel. City Attorney Pannone stated that the process being used in this situation did not require any type of bidding, but would only extend an existing Agreement. Mayor Pro Tern Bejarano wished to continue this matter for further review. Motion: Table to the meeting of March 19, 2008 Moved by Mayor Pro Tem Bejarano, seconded by Councilmember Monica Garcia. SET MATTERS PUBLIC HEARINGS 7. PUBLIC HEARING REGARDING FISCAL YEAR 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT CDBG) PUBLIC SERVICE FUNDS Acting Manager Ruelas presented the report. Mayor Lozano opened the public hearing for those wishing to speak in favor. Ms. Castellano of the East San Gabriel Valley Coaliton for the Homeless addressed the Council regarding the prospective CDBG funding. Julia Molten, Project Sister, spoke about the program she represented and stated her gratitude for the funding that is provided by the CDBG funds. She further commented on the outreach that they were doing in the schools and advised that they had encountered at... Mayor Lozano requested that the 2+2 City Council/School Board meet in an attempt to determine what roadblocks are being encountered. Monica Lantaverde, Santa Anita Family Services Center, spoke about the Page 4 of 7 BIB] 39636-U01 2008-U02 03-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117560-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04 2008 03 05 CC MINHÄ—@¸—‘#Í«services that their program provides. Luz Mesa, East Valley Boys & Girls Club, addressed the Council on the activities of the club in the community and requested future consideration for funding of the Boys & Girls Club. Seeing no further interest, the public hearing was closed at 8:18 p.m. Motion: Approve the use of 15% of the projected CDBG program income in the amount of $6,000 15% of $40,000) as part of the public service allocation and 2) approved the proposed FY 2008-2009 CDBG public service programs. Moved by Councilmember Pacheco, seconded by Mayor Lozano. Councilmembers Pacheco & Marlen Garcia expressed their thanks to the Commission that made the recommendations. 8. PUBLIC HEARING APPEALING THE PLANNING COMMISSION'S DECISION TO DENY A ZONE VARIANCE REQUESTING A REDUCTION IN THE MINIMUM SIDE AND REAR YARD SETBACKS FOR AN ACCESSORY STRUCTURE TO A SINGLE-FAMILY RESIDENCE WITHIN THE FC, FREEWAY COMMERCIAL ZONE; CASE NO.: ZV-700; LOCATION: 1741 BIG DALTON AVENUE; APPELLANT: VICTOR M. SALAIZA City Planner Harbin presented the report. Councilmember Monica Garcia stated that she would be abstaining from casting a vote on this matter due to her prior knowledge of the case as a former Planning Commissioner. Mayor Lozano opened the public hearing for those wishing to speak. Mr. Victor Salaiza, property owner, addressed the Council. Seeing no further interest, the public hearing closed. Mayor Lozano commented that he had previously visited Mr. Salaiza's residence and inquired of City Planner Harbin if it is possible to grant a CUP on this type of parcel. She responded that as the current code is written, a CUP would not be applicable. Councilmember Pacheco suggested that the item be continued to study all of the issues surrounding the matter and bring back in a couple of meetings. Councilmember Marlen Garcia commented that the Council would have to go to extraordinary measures for this to be permitted and it was not in accordance with the vision of the city. Councilmember Marion Garcia supported the recommendation on the staff report. Mayor Pro Tern Bejarano empathized with the applicant, and stated his concern that a precedence would be set by approving this appeal. Councilmember Pacheco reiterated that he would like for this matter to be brought back before the Council that would be in compliance with the code. Motion: Uphold the Planning Commission's decision and waive further reading, read by title only and adopt Resolution No. 2008-017 entitled, A RESOLUTION Page 5 of 7 BIB] 39636-U01 2008-U02 03-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117560-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04 2008 03 05 CC MINHÄ—@¸—‘#Í«OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT DENYING A ZONE VARIANCE; APPLICANT: VICTOR SALAIZA, LOCATION: 1741 BIG DALTON AVENUE; CASE NO.: ZV-700", granted Applicant Salaiza a 90-day stay on Code Enforcement activities and directed staff to continue working with the applicant. Moved by Councilmember Marlen Garcia, seconded by Mayor Pro Tern Bejarano. In response to a Council inquiry, Acting Housing Manager Ruelas stated that there are income requirements on the rehabilitation grants and that there is an active code case. Councilmember Marlen Garcia stated that they believe there was no malicious intent and they City wants to work with the Salaiza's to resolve the matter. In response to an inquiry from Councilmember Pacheco, Mr. Salaiza stated that increasing the height of the wall may help. CITY COUNCIL/ CITY CLERK I CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request from Councilmember Marlen Garcia & Councilmember Monica Garcia for discussion on the following: Request for Council consensus to direct staff to research the extent to which the County of Los Angeles' Ordinance requiring all dogs and cats to be spayed and neutered by the time they are four 4) months old) is applicable to the City of Baldwin Park and how it can be made effective in Baldwin Park Councilwoman Monica Garcia would like to see enforcement improved and to consider an ordinance that would prohibit the tethering of the dogs. Also requested to look at collaborative efforts with the County to have improved animal welfare in the community. City Clerk Rubio commented shared that she had a resource that initiated a bill related to animal spaying & neutering and that they could possible come and do a presentation for the Council. Councilwoman Marlen Garcia further commented on the animal welfare in the City of Baldwin Park. Councilwoman Marlen Garcia commented on her attendance at the Foothill Transit board meeting and emphasized the importance of public transportation. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 9:00 P.M. Approved as presented by the Council at their meeting held March 19, 2008. Page 6 of 7 BIB] 39636-U01 2008-U02 03-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117560-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04 2008 03 05 CC MINHÄ—@¸—‘#Í«2 awQ I Laura M. Nieto Deputy City Clerk Page 7 of 7 BIB] 39636-U01 2008-U02 03-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO117552-U03 DO117560-U03 C4-U03 MINUTES1-U03 5/28/2008-U04 ROBIN-U04