Loading...
HomeMy WebLinkAbout2013 02 06 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING FEBRUARY 6, 2013, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 These minutes are transcribed in order of the agenda and may not necessarily reflect the order in which items were heard or discussed. CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:05 p.m. INVOCATION The invocation was provided by Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL Council Member Marlen Garcia Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tern Monica Garcia Mayor Manuel Lozano ANNOUNCEMENTS Councilmember Pacheco requested that this meeting be closed in memory of Father William Schafer, principal and president of Don Bosco Technical Institute college preparatory high school, who passed on February 2, 2013; noted that Father Schafer was appreciated in the community and he will be missed. Mayor Pro Tem Garcia also requested that the meeting be closed in honor of Mary Louise Raso, who passed on January 9, 2013. She is survived by her daughter, Diane Martinez, a retired Head Start teacher in Baldwin Park. Council extended condolences to family. Councilmember Rubio asked that the meeting also be closed in memory of Mr. Muerja, 2011/2012 Senior Center King and his sister who also reigned as Senior Center Queen that same year. Condolences were extended to family and friends. Mayor Lozano also extended deepest sympathy to the Nunez family, for the passing of Jeffrey Hurley, nephew of former Parks and Community Services Director Ralph Nunez. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Recognition of outgoing Recreation & Community Services Student Commissioner, Destiney Singleton. This presentation was continued to the next meeting. City Council Regular Meeting Minutes 2/6/13 Certificate recognition to the Baldwin Park Braves Pop Warner Cheer Team. Mayor Lozano presented a Certificate of Recognition to the Baldwin Park Braves Pop Warner Cheer Team for their winning accomplishments during the 2012/13 Competition season. PUBLIC COMMUNICATIONS Mayor Lozano announced Public Communications as open at 7:14 p.m. and announced that speakers are allowed three (3) minutes for each speaker. Jason Adams, President of the Baldwin Park Police Association, thanked officers and the community for their representation at the Council Meeting; commented on the potential outsourcing of law enforcement to the County Sheriff's Department; opined that the process of determination has been less than transparent; stated that the community should be kept informed and be a part of discussions. Jay Kahn Sanchez, read aloud a letter from State Assemblyman Roger Hernandez which commended the officers of Baldwin Park Police Department and, serving as the Chair of Labor & Employment, Assemblyman Hernandez expressed his hope and encouragement that Council will retain the police department; stated that the true cost savings have not been clearly identified and that the lack of information being circulated is disturbing; expressed support of the Baldwin Police Association and his support for keeping the police department. Cindy Cortez, Monica Leon, Jasmine Torrez, Malina Gomez, Marela Nava, of Baldwin Park High School, announced that, as a project for their Chicano Studies course, they will be hosting a cultural fair on March 15, 2013 at Serra Vista High School; they invited members of the community and Council to attend. Joe Flanagan, Director of the Los Angeles North Chapter of Police Officers Research Association of California (PORAC), spoke in opposition to the potential outsourcing of law enforcement services to Los Angeles County; noted that eliminating the police department does not eliminate costs; pointed out that keeping a local police department keeps control within the city and quickens response to emergencies; opined that there is also political impact that should be considered and urged Council to think long and hard before making a decision to outsource. Rich Randolph, President of the Colton Police Officers Association of the Inland Empire, expressed opposition to the possible outsourcing of law enforcement services and opined that the decision to dissolve the police department would not be a service to the community but that Council should allow the community to decide rather than having five individuals make such a decision. Lillian Rubio, member of the Baldwin Park Police Officers Association, noted that she has served on the Baldwin Park Police Force for 17 years and the personal investment that she and other officers have made in becoming law enforcement representatives; reiterated the commitment of the officers to the community and its safety. Chris Kuberry, Vice President of the Baldwin Park Police Association (BPPA), pointed out that there have been repeated comments about BPPA refusing to negotiate and that the statement are false; noted that BPPA representatives have been willing to negotiate and have even Page 2 of 10 City Council Regular Meeting Minutes 2/6/13 provided cost sharing proposals; encouraged citizens to consider the source of the comments before coming to a conclusion. Peter Hoebe, President of the Azusa Peace Officer Association and President of PORAC, stated that he previously served on the Baldwin Park Police Department and has been in law enforcement for over 17 years; opined that Los Angeles Sheriff's Department will not provide the cost savings expected; stressed the importance of keeping law enforcement local as it serves as an anchor for the community. Ken Woods, Baldwin Park resident and business owner, commented on the `countless' closed session meetings that Council has had, yet it appears no decisions have ever been made in those meeting; opined that decisions are being withheld and pointed out that the community is entitled to knowing the resulting decisions made in closed sessions. Greg Tuttle, Baldwin Park business owner, commented on a written note that was passed to him by another attendee that he alleged was written by a member of Council; commented on allegations against Roger Hernandez; opined that the City Manager has hidden information, has mismanaged CaIPERS funds and alleged that illegal documents are being signed under the direction of the current City Manager; stated that the City Manager has done nothing but caused turmoil in the City. Mark Adams, Staff Representative for the Baldwin Park Police Association, acknowledged that declining revenue and other adverse economics have an effect on the city of Baldwin Park but pointed out that Baldwin Park has the lowest crime rate for the area and size of the city; asked why conflicting financial information is being provided to the citizens and asked that accurate information be gathered, reported and provided to the community. There being no additional speakers, Mayor Lozano closed public communications at 7:40 p.m. Councilmember Rubio thanked those who attended the meeting to show support for the Baldwin Park Police Department and that she supports them and did not vote to outsource the service. Councilmember Pacheco commented on the commitment of the officers of the Police Department; expressed his desire to continue to look for alternatives; agreed with comments regarding getting accurate financial information which would be used to compare with the Sheriff's contract; acknowledged that there is a perception that a contract with the Sheriff's Department would be a cost saving move but that it cannot be demonstrated without accurate information. Mayor Pro Tem Garcia expressed appreciation to all who spoke in support of the Police Department; stated that the current annual cost of the police department represents a significant portion of expenditures from the General Fund each year; pointed out that the City has had to pull funds from the Reserve Funds; stated that the City is challenged by the ability to afford to have a police department; pointed out that the decisions are focused on sustainability; presented information in support of utilizing the Sheriff's Department and encouraged the community to attend all meetings and to stay informed. As discussion ensued, Mayor Lozano made a motion to call a recess. This motion was seconded by Councilmember Marlen Garcia, but Councilmember Rubio expressed objection. The final determination was that Council would recess at 8:01 p.m. Page 3 of 10 City Council Regular Meeting Minutes 2/6/13 Mayor Lozano reconvened the meeting at 8:03 p.m. CONSENT CALENDAR Councilmember Pacheco requested that Item No. 3 be taken separately for discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands. Motion was made by Mayor Lozano, seconded by Councilmember Rubio, carried (5-0) to ratify the attached Warrants and Demands. AYES: Garcia, Mayor Pro Tem Garcia, Mayor Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 2. CLAIM REJECTIONS Staff recommends City Council reject the claims of Evelyn Martinez and Julio Huayanca and direct staff to send the appropriate notice of rejection to claimants. Motion was made by Mayor Lozano, seconded by Councilmember Rubio, carried (5-0) to reject the claims of Evelyn Martinez and Julio Huayanca and direct staff to send the appropriate notice of rejection to claimants. AYES: Garcia, Mayor Pro Tem Garcia, Mayor Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. WAIVER OF THE LIMITATION OF CONSTRUCTION WORK HOURS IN SECTION 130.04 OF THE BALDWIN PARK MUNICIPAL CODE FOR THE CONSTRUCTION OF A BRIDGE AT THE TRANSIT CENTER Staff recommends the City Council waive the requirements of Section 130.04, Permitted Hours of Construction, of the Baldwin Park Municipal Code to allow for the night time construction of the pedestrian bridge at the Transit Center. Councilmember Pacheco requested that Director of Public Works, Daniel Wall, clarify the purpose of this request for waiver. Mr. Wall explained that current code restricts construction activities between the hours of 7:00 p.m. and 7:00 a.m., however, this particular construction project, which is to build the pedestrian bridge across the railroad tracks can only be performed at night. Therefore, staff is seeking a one-time waiver of the code to allow nighttime construction on the project. Motion was made by Councilmember Pacheco, seconded by Mayor Lozano, carried (5- 0) to approve and waive the requirements of Section 130.04, Permitted Hours of Construction, of the Baldwin Park Municipal Code to allow for the night time construction of the pedestrian bridge at the Transit Center. Page 4 of 10 City Council Regular Meeting Minutes 2/6/13 AYES: Garcia, Mayor Pro Tern Garcia, Mayor Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. AUTHORIZE PUBLISHING A NOTICE INVITING BIDS FOR THE CONSTRUCTION OF THE BARNES PARK IMPROVEMENTS It is recommended that the City Council approve the Plans, Specifications, and Engineer's Estimate and direct staff to advertise for construction bids. Motion was made by Mayor Lozano, seconded by Councilmember Rubio, carried (5-0) to approve the Plans, Specifications, and Engineer's Estimate and direct staff to advertise for construction bids. AYES: Garcia, Mayor Pro Tem Garcia, Mayor Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None REPORTS OF OFFICERS 5. ADMINISTRATIVE DRAFT ENERGY ACTION PLAN Staff recommends the City Council receive and file the Administrative Draft Energy Action Plan. Amy Harbin, City Planner, introduced Tammy Seal, representing the consulting teams that have been working with the San Gabriel Valley Council of Governments, provided a brief presentation to highlight the overall purpose of the project and the progress made thus far. Councilmember Pacheco requested clarification on some of the components of the Plan, particularly in relation to residential energy savings. Motion was made by Mayor Lozano, seconded by Councilmember Garcia, carried (5-0) to receive and file the Administrative Draft Energy Action Plan. AYES: Garcia, Mayor Pro Tem Garcia, Mayor Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None 6. INTRODUCTION OF ORDINANCE 1357: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 53.11 OF THE BALDWIN PARK MUNICIPAL CODE PERTAINING TO CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT, DIVERSION DEPOSITS." It is recommended the City Council introduce the attached ordinance by reading its title only and waive further reading. Page 5 of 10 City Council Regular Meeting Minutes 2/6/13 Dan Wall, Director of Public Works, gave a brief presentation as to the purpose of the 9 p P p Ordinance and the anticipated results should Council approve this ordinance. Mr. Wall responded to questions from Council and provided explanation of how code violations are handled. Motion was made by Mayor Lozano, seconded by Mayor Pro Tem Garcia, carried (5-0) to receive and file the Administrative Draft Energy Action Plan. AYES: Garcia, Mayor Pro Tem Garcia, Mayor Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None 7. RESOLUTION APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY AND CONSIDERATION OF APPOINTMENTS TO ESTABLISHED IN-HOUSE COMMITTEES. Staff recommends City Council: 1) review and appoint members to the positions of representatives and alternates of the established committees and organizations and adopt Resolution No. 2013-002 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY"; 2) Review committee in-house appointments and appoint members as representatives to the established committees. (Pursuant to a letter from FPPC, if any of the committees to which members will be appointed provide any stipends, then the member who will get appointed can't vote on that item.) The City Clerk read through list of committees and organizations, including reciting the current representative and alternate of each. Following brief discussion by Council on each, representatives and alternates were either changed or incumbents agreed to continue in each seat. 1. San Gabriel Valley Water Association Representative: Councilmember Susan Rubio Alternate: Mayor Manuel Lozano 2. Los Angeles County Sanitation District Nos. 15 and 22 Representative: Mayor Manuel Lozano* (Appointment of Mayor required) Alternate: Mayor Pro Tern Monica Garcia Motion by Councilmember Rubio, seconded by *Mayor Lozano, carried 5-0 3. League of California Cities — Los Angeles County Division —Water District Representative: Councilmember Marlen Garcia Alternate: Mayor Pro Tem Monica Garcia Motion by Mayor Pro Tem Garcia, seconded by Councilmember Rubio, carried 5-0 4. Civil Defense Area "D" Directors Meeting* Representative: Police Chief Lili Hadsell Alternate: Mayor Manuel Lozano Page 6 of 10 City Council Regular Meeting Minutes 2/6/13 5. Civil Defense Area "D" General Membership* Representative: Councilmember Marlen Garcia Alternate: Police Chief Lili Hadsell 6. Independent Cities Association Representative: Mayor Pro Tern Monica Garcia Alternate: Mayor Manuel Lozano Motion by Councilmember Rubio, seconded by Mayor Pro Tern Garcia, carried 5-0 7. Independent Cities Association Lease Finance Authority* Representative: Councilmember Ricardo Pacheco Alternate: City Manager Vijay Singhal 8. Los Angeles County City Selection Committee* Representative: Mayor Manuel Lozano Alternate: Councilmember Susan Rubio 9. Southern California Association of Governments* Representative: Councilmember Susan Rubio Alternate: Councilmember Ricardo Pacheco 10. Foothill Transit Zone* Representative: Councilmember Marlen Garcia Alternate: Councilmember Susan Rubio 11. San Gabriel Valley Council of Governments* Representative: Mayor Pro Tern Monica Garcia Alternate: Councilmember Susan Rubio 12. Independent Cities Risk Management Authority (ICRMA) * Representative: Councilmember Ricardo Pacheco Alternate: Mayor Manuel Lozano 2nd Alternate: Manager Latisha Laura 13. San Gabriel Valley Economic Partnership* Representative: Councilmember Susan Rubio Alternate: Councilmember Ricardo Pacheco * - Representative and Alternate unchanged. For clarification, City Attorney confirmed that those representing the City on a commission or committees that provide a stipend, specifically Sections 2, 7, 10 and 11, have abstained from voting on the representation nominations. Motion was made by Mayor Lozano, seconded by Councilmember Garcia, carried (5-0) to approve and adopt Resolution No. 2013-002 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY" and approve the assignments as established. Page 7 of 10 City Council Regular Meeting Minutes 2/6/13 Graffiti Task Force: Mayor Lozano and Councilmember Pacheco In-House Freeway Task Force: Mayor Pro Tern Garcia and Councilmember Garcia 2 + 2 Committee: Mayor Pro Tern Garcia and Councilmember Rubio Shopping Center Committee: Mayor Lozano and Councilmember Garcia Workforce and Career Development Enhancement Committee: Mayor Pro Tern Garcia and Councilmember Garcia Motion was made by Mayor Lozano, seconded by Councilmember Garcia, carried (5-0) to approve the representative designations for internal committees and task forces as established. CITY COUNCIL/CITY CLERK/ CITY TREASURER/STAFF REQUESTS&COMMUNICATIONS Request by Councilmember Ricardo Pacheco for discussion and direction to staff on the following: • Consider alternative options for offsetting the Police Departments budget constraints. I propose the council to direct the Police Chief and Captain to immediately advertise and seek other cities or public agencies needing police services. Councilmember Pacheco asked that Council consider alternatives, including soliciting other cities that may need law enforcement services which do not wish or are unable to contract with the County Sheriffs, with the intent of possibly offsetting the cost by providing police services to these other areas that are in need. • Discuss the Baldwin Park Police Association letter dated January 29, 2013 in regards to the Los Angeles Sheriffs Phase II Study and the October 2012 PERS Public Safety Plan Annual Report. Councilmember Pacheco stated that he will seek clarification on the data and figures provided in the Study and Annual Report; expressed empathy for law enforcement staff who may be anxious and feeling unclear about the future of their jobs; reassured officers that alternatives are being explored and that he will seek guidance from legal counsel to determine what information related to the negotiations can be published in the NOW Newsletter and disseminated to the community. Councilmember Pacheco, as a side note, stated that the agenda was in slight err in that the zoning code amendment he wished to have considered was not for a bus/automotive storage yard in the industrial commercial zone but to allow parking and storage of mini buses. He pointed out that mini bus owners are sometime caught in a difficult situation because of zoning ambiguities and he asked that staff look at the zoning and develop some solutions to bring back for Council consideration. Page 8 of 10 City Council Regular Meeting Minutes 2/6/13 RETURN TO COUNCIL REQUESTS Councilmember Garcia referred back to the first of two items for discussion that Councilmember Pacheco had presented on the agenda; stated that she was under the understanding that Councilmember Pacheco had made a motion on the matter and she expressed her objection to the item. Councilmember Pacheco subsequently made a motion to approve the request of the first item which would entail exploring alternatives and strategies to offset the costs associated with law enforcement services. Councilmember Rubio pointed out that Councilmember Pacheco's request is to explore alternatives and that she is unclear on why there is an objection to this. Councilmember Pacheco inquired as to whether to objection stemmed from the direction that staff immediately advertise and seek other cities or public agencies needing police services. Upon confirmation by Councilmember Garcia, Councilmember Pacheco restated his motion to eliminate the immediate advertisement but to direct staff to look at potential opportunities to provide services to other municipalities to offset costs. Councilmember Garcia reasserted her objection again. With that, Councilmember Pacheco recanted his revised motion and made motion to approve the request in full as presented on the agenda. Councilmember Rubio seconded the motion and Councilmember Garcia objected. Motion by Councilmember Pacheco, seconded by Councilmember Rubio, vote failed (2-3). Mayor Lozano directed the City Clerk to conduct a roll call vote. The results are as follows: Ayes: Councilmember Susan Rubio; Councilmember Ricardo Pacheco Noes: Councilmember Marlen Garcia; Mayor Pro Tem Monica Garcia; Mayor Manuel Lozano Absent: None. Abstain: None. Councilmember Pacheco then requested that information relating to negotiations with the Police Officers Association be published in the NOW newsletter. Mayor Lozano noted that there are other municipalities that have taken similar action and that publishing the on the website information from both sides of the negotiation may be an option that would disseminate the information more broadly. Councilmember Pacheco was in agreement and Council suggested that staff review the City of San Gabriel website to use as a guide. Councilmember Garcia reported on her recent attendance at the ICA conference. Some of the subjects covered included "How to take charge of political and litigation threats from your safety unions;" group communication also included examining cost-saving measured being implemented by fire departments due to the increased medical calls occurring from those who are uninsured or underinsured. Councilmember Garcia also reported that the Council of Governments has hired a full-time executive director who has a very solid professional background. Page 9 of 10 City Council Regular Meeting Minutes 2/6/13 ADJOURNMENT A motion was made by Mayor Lozano, seconded by Councilmember Rubio, and carried (5-0) to adjourn the meeting at 8:51 p.m. May. , ATTEST: /Mt / City Clerk APPROVED: 1 11 t IS Page 10 of 10