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Home My WebLink About2012 12 19 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING DECEMBER 19, 2012, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:00 p.m. INVOCATION The invocation was provided by Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Ricardo Pacheco Council Member Marlen Garcia Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano ANNOUNCEMENTS Mayor Lozano announced, as required by Government Code section 54954.3, that members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of$30 for attending the Housing Authority meeting and$50 for attending the Finance Authority meeting. Councilmember Pacheco requested that the meeting be closed in memory of Eva Hernandez, long time Baldwin Park resident, and extend condolences to her family; also to remember and close on behalf of Jenny Rivera, a loving mother and successful musician who passed recently. Councilmember Garcia expressed gratitude to the Recreation and Community Services staff who did an excellent job in coordinating events such as the Tree Lighting Ceremony, the Senior Volunteer Appreciation Dinner, the "Santa Clothes" project, and the Food Basket program; noted that all the events were very successful and the coordination of everything was remarkable. Councilmember Rubio echoed the remarks of Councilmember Garcia and also thanked the Baldwin Park Police Department for their tremendous work on hosting a holiday party, through the Department of Children and Family Services, for disadvantaged children and families; noted that staff members at every level were generous and giving. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Presentation of Gavel Plaque to outgoing Mayor Pro Tern Susan Rubio. Councilmember Pacheco presented an honorary Gavel Plaque to outgoing Mayor Pro Tern Susan Rubio in recognition of her service to the City and the community. Presentation/Acceptance of Energy Leadership Awards. Chief Executive Officer Vijay Singhal accepted, on behalf of the City of Baldwin Park, two awards which honor those agencies that take steps to reduce energy use and improve air quality, making the City a Sustainable Community. These awards were sponsored by the South Coast Air Quality Management District. Mayor Pro Tem Garcia commended staff for their efforts and expressed appreciation for the many programs that lead up to the City's recognition. Certificate of Recognition to the students of Saint John the Baptist school for their success in participating in the 5th Annual Bishop Amat High School's Math Competition This presentation was held for the first meeting in January, 2013. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:19 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Arlene Bello, MSW Intern at Kaiser Permanente, informed all in attendance that Kaiser sponsors a program in which free mental health care is offered to school children and families who are financially disadvantaged or are uninsured; noted that Kaiser also held the annual holiday posada which fed over 100 families; expressed appreciation for the support of Council and, in particular, Councilmember Marlen Garcia . Carolyn Hamilton, South Coast Air Quality Management District (SCAQM), introduced herself to Council and commented on a new program developed by the SCAQM called "Check To Burn" which asks that residents call SCAQM before using fireplaces their fireplaces to check whether the air quality is in a "high emissions" state or not; also asked that everyone mark their calendar with a "Save The Date" for the upcoming "World Week In Change" at which high school students from around the valley will participate in an environment and science expo designed to heighten awareness of air quality issues. Arturo Luna, Baldwin Park resident, pointed out that the meeting agenda does not contain any items or reference to the City's current financial state and that the City seems to be suffering financially; suggested that all City employees, police and fire department staff should be paying their own retirement and health benefits; asserted that the issue of the City's budget and financial decisions should be discussed at every City Council meeting; pointed out that other cities are resorting to filing bankruptcy and Council should be staying ahead of things by discussing it at every meeting. Margarita Vargas, Baldwin Park resident, asked for clarification on item 4 as there are differing amounts on the item. City Manager Singhal confirmed that the two amounts are supposed to be different and are correct. John Rios, Baldwin Park resident, opined that there appears to be a divide amongst the councilmembers and that the community should be allowed to decide what is or is not a good idea. Page 2of7 Alec Psu, Manager at Grand Park Inn, expressed concern regarding the possibility that Baldwin Park may be contracting with Los Angeles County Sheriffs and expressed support for keeping the police department of Baldwin Park intact. An unidentified Baldwin Park resident commented on an article he saw in the Baldwin Park NOW which said that the City is considering the possibility of dissolving the Baldwin Park Police Department and contracting law enforcement services with Los Angeles County Sheriffs; pointed out that the article indicates that the cost for contracting with the Sheriffs will escalate each year and the City should be publishing full details of the anticipated costs. Seeing no others wishing to speak, Public Communications closed at 7:33 p.m. Councilmember Garcia expressed appreciation to Ms. Hamilton for introducing herself and for providing the information about the programs; noted that Baldwin Park High School will be having a job fair and extended an invitation for the SCAQM to be represented and present the various careers that focus on environmental science. Mayor Pro Tern Garcia also expressed gratitude to Ms. Hamilton for her attendance at the Council Meeting and asked the she continue to reach out to the City with information on upcoming events and news. CONSENT CALENDAR Councilmember Pacheco requested that Agenda Item No. 2 be taken separately for discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Mayor Lozano, seconded by Councilmember Garcia, and carried (5—0) to ratify the Warrants and Demands Register. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 2. CONSIDERATION TO CANCEL THE LEGISLATIVE BODY MEETING OF JANUARY 2, 2013 Councilmember Pacheco requested that this item be taken separately for discussion. During discussion, Councilmember Pacheco agreed with the cancellation of the January 2, 2013, Council meeting but requested that a Council meeting be held on January 8, 2013, whereby the budget would be brought before Council for discussion. A motion was made by Pacheco, seconded by Rubio. Motion failed by a vote of 2—3, to hold the next City Council meeting on January 8, 2013, for discussion of the budget. AYES: Pacheco, Rubio NOES: Lozano, Garcia, Garcia ABSENT: None. ABSTAIN: None. Page 3 of 7 Staff recommends the City Council cancel the January 2, 2013, meeting and direct the City Clerk to post the appropriate notices of cancellation. A motion was made by Councilmember Garcia, seconded by Mayor Pro Tern Garcia, carried (4 — 1) to cancel the January 2, 2013, meeting and direct the City Clerk to post the appropriate notices of cancellation. AYES: Lozano, Garcia, Garcia, Rubio NOES: Pacheco ABSENT: None. ABSTAIN: None. 3. CLAIM REJECTION Staff recommends City Council reject the claims of Adan Rodriguez, Santiago Solar, Harvey Moore, Nicolas Montalvo, Allstate Insurance subrogation demand for Carmen Romo, Arthur Sun, and Shu Mai Sun and direct staff to send the appropriate notice of rejection to claimants. A motion was made by Mayor Lozano, seconded by Councilmember Garcia, and carried (5—0) to reject the claims of Adan Rodriguez, Santiago Solar, Harvey Moore, Nicolas Montalvo, Allstate Insurance subrogation demand for Carmen Romo, Arthur Sun, and Shu Mai Sun and direct staff to send the appropriate notice of rejection to claimants. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 4. AUTHORIZE THE MAYOR TO EXECUTE A FUND TRANSFER AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE DISBURSEMENT OF AN ENVIRONMENTAL JUSTICE PLANNING GRANT IN THE AMOUNT OF $235,000. Staff recommends that the City Council: 1. Authorize the Mayor to execute a Fund Transfer Agreement with the State of California Department of Transportation after a review by the City attorney; and 2. Authorize the CEO/Finance Director to appropriate $23,500 from Measure R funds. A motion was made by Mayor Lozano, seconded by Councilmember Garcia, and carried (5—0) to authorize the Mayor to execute a Fund Transfer Agreement with the State of California Department of Transportation after a review by the City attorney; and Authorize the CEO/Finance Director to appropriate $23,500 from Measure R funds. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. Page 4 of 7 5. AUTHORIZE GRANTING AN EASEMENT TO SOUTHERN CALIFORNIA EDISON FOR THE ONSITE PLACEMENT OF A NEW TRANSFORMER SUPPLYING PERMANENT POWER TO THE CITY OF BALDWIN PARK TRANSIT CENTER Staff recommends that the City Council: 1. Approve a Grant of Easement to Southern California Edison for the onsite placement of a new transformer supplying permanent power to the City of Baldwin Park Transit Center; and 2. Authorize the Mayor to execute a Grant of Easement after a review by the City Attorney. A motion was made by Mayor Lozano, seconded by Councilmember Garcia, and carried (5—0) to approve a Grant of Easement to Southern California Edison for the onsite placement of a new transformer supplying permanent power to the City of Baldwin Park Transit Center; and authorize the Mayor to execute a Grant of Easement after a review by the City Attorney. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 6. SB1186 MANDATED FEE OF $1 ON ALL BUSINESS LICENSES AND RENEWALS Staff recommends that the City Council add the new State Mandated fee of$1.00 to all Business Licenses and Renewals. A motion was made by Mayor Lozano, seconded by Councilmember Garcia, and carried (5 —0) to add the new State Mandated fee of$1.00 to all Business Licenses and Renewals. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. PUBLIC HEARING 7. FISCAL YEAR 2012/2013 CITY, HOUSING AUTHORITY AND SUCCESSOR AGENCY PROPOSED BUDGET It is recommended that the City, Housing Authority and Successor Agency conduct a public hearing and following the public hearing approve the proposed Fiscal Year 2012/2013 Budget as presented or amended and waive further reading, read by title only and adopt Resolution Nos. 2012-038 (City); HA 2012-003 (Housing Authority), and SA2012-004 (Successor Agency); respectively. Please reference Item #1 on Successor Agency. Motion was made by Mayor Lozano, seconded by Councilmember Pacheco to carry Item No. 7, Public Hearing for Fiscal Year 2012/2013 City, Housing Authority and Successor Agency Proposed Budget, to the next regularly scheduled meeting of the City Council to be held on January 16, 2013. There being no objections, motion carried 5-0. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. Page 5of7 REPORTS OF OFFICERS 8. CONSIDERATION OF APPOINTMENTS AND/OR REAPPOINTMENTS TO FILL VACANCIES FOR THE HOUSING COMMISSION Staff recommends City Council to review all Commission applications and appoint Commission Offices, subject to satisfactory backgrounds checks through the Department of Justice as follows: Office No Name Expiration of Terms 1 June 30, 2013 2 June 30, 2013 3 June 30, 2013 4 Madga Torrellas June 30, 2013 5 June 30, 2013 Tenant- 6 PENDING APPLICATIONS Tenant 7 (62+) PENDING APPLICATION Motion was made by Mayor Lozano, seconded by Councilmember Pacheco to carry Item No. 8, review all Commission applications and appoint Commission Offices, subject to satisfactory backgrounds checks through the Department of Justice, to the next regularly scheduled meeting of the City Council to be held on January 16, 2013. There being no objections, motion carried 5-0. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL ACTING AS SUCCESSOR AGENCY-CONSENT CALENDAR 1. FISCAL YEAR 2012/2013 CITY, HOUSING AUTHORITY AND SUCCESSOR AGENCY PROPOSED BUDGET It is recommended that the City, Housing Authority and Successor Agency conduct a public hearing and following the public hearing approve the proposed Fiscal Year 2012/2013 Budget as presented or amended and waive further reading, read by title only and adopt Resolution Nos. 2012-038 (City); HA 2012-003 (Housing Authority), and SA2012-004 (Successor Agency); respectively. Please reference item #7 on City Council Motion was made by Mayor Lozano, seconded by Councilmember Pacheco to carry Item No. 1, Public Hearing for Approval of the Proposed Fiscal Year 2012/2013 Budget as presented or amended and waive further reading, read by title only and adopt Resolution Nos. 2012-038 (City); HA 2012-003 (Housing Authority), and SA2012-004 (Successor Agency); respectively to the next regularly scheduled meeting of the City Council to be held on January 16, 2013. There being no objections, motion carried 5-0. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. Page 6 of 7 CITY COUNCIL/CITY CLERK/CITY TREASURER/ STAFF REQUESTS & COMMUNICATIONS Request by Councilmember Susan Rubio for discussion and direction to staff on the following: • Put together a study session to review revenues and explore ways to improve the economic vitality of the city. • Explore incentives to attract new businesses. • Create a commission that includes city staff& community members to act as a "chamber of commerce" to support new & old businesses. Councilmember Rubio requested that these items be held until the next regularly scheduled Council Meeting to be held on January 16, 2013. Request by Councilmember Ricardo Pacheco for discussion and direction to staff on the following: • Review and consideration to revise Ordinance No. 1288 relating to Construction and Demolition Diversion Deposits. Councilmember Pacheco began discussion by explaining that a portion of Ordinance No. 1288 concerns him because many residents who wish to do smaller home improvements and construction projects are required to submit a deposit to offset the cost of recycling and repurposing construction waste; noted that tying up funds this way can be costly for the homeowners and may be discouraging; requested that staff to review the requirements and possibly revise the ordinance to break it down into tiers and adjusting deposits accordingly; also directed staff to develop a method of tracking waste-hauler receipts so that residents can be refunded the full amount they are entitled to when recycling; stated that many times the receipts are lost and residents have to find other ways of recovering monies that are rightfully theirs; suggested that, as an alternative, a lien may be put on the property to require payment if recycling requirements not met; also requested that an appeals process be evaluated and implemented. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano, seconded by Councilmember Pacheco, to adjourn the meeting at 7:58 p.m. Myyor� � \ , ATTE inn 4 Man!I Lozano, M/for //7.--1-4 Alejandra ila, City Clerk APPROVED: zI Lf r > Page 7 of 7