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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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