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HomeMy WebLinkAbout2012 09 05 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING SEPTEMBER 5, 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 7:04 p.m. INVOCATION The invocation was provided by Councilmember Pacheco. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Marlen Garcia Council Member Monica Garcia Council Member Ricardo Pacheco • Mayor Pro Tern Susan Rubio Mayor Manuel Lozano ANNOUNCEMENTS None. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Proclamation proclaiming September as First Responder Appreciation Month in the City of Baldwin Park. Councilmember Monica Garcia presented to Firefighters from Fire Station No. 29 and members of the Baldwin Park Police Department a Proclamation to honor First Responder Appreciation p p pp Month and to thank all those who keep the community safe. • Proclamation proclaiming Family Day in the City of Baldwin Park celebrated on Monday, September 24, 2012. Councilmember Pacheco presented a Proclamation in recognition of Family Day on September 24, 2012, to Director Carrillo and urged all members of the community to recognize and participate in honoring this day by having a family dinner. • Plaque presentation to Creative Planet of the Arts for their 10th Year Anniversary. Mayor Pro Tem Rubio presented a plaque in recognition of the 10`"Anniversary of the Creative • Planet of the Arts, an academic art school in Baldwin Park which has enriched the lives and character of many of the community's students. • Certificate presentation to Juan's Restaurant for their 3rd Annual Fiesta Del Nopal. • Mayor Lozano reported on his attendance at Juan's Restaurant 3`d Anniversary event and noted that the Certificate of Recognition will be provided at a later time. • Certificate presentation to Oscar Cristerna, Jr., for participating in the 5th Annual Disability Art Exhibit. Mayor Lozano presented a Certificate of Recognition to Oscar Cristerna, Jr., for his contribution and participation in the 5th Annual Disability Art Exhibit. • Presentation by San Gabriel Valley Consortium on Homeless Scott Chamberlain, representing the San Gabriel Valley Consortium on Homeless, narrated a PowerPoint presentation which provided an overview of the Consortium and its mission; spoke about some of the goals of the Consortium and discussed some of the services offered to those in need. Mayor Pro Tem Rubio requested that additional information be provided to Council at a future meeting; Councilmember Garcia requested that the City partner with the Consortium to secure more resources. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:34 p.m. and noted that each speaker is • permitted a total of three (3) minutes to speak. Ken Woods, Baldwin Park resident, expressed the desire to see Council business focusing more on ways to promote local businesses, perhaps by repealing Ordinance No. 1290; opined that the matter of hazing in the military and the proposal to send a letter to Congresswoman Judy Chu to support the elimination of hazing of less significance than making effort to bring new business into the city and creating jobs. Veronica Lopez, Baldwin Park resident, spoke in objection to the City's requirement that those wishing to hold a fund-raising car washes must first obtain a permit (costing $115); requested that Council consider waiving the fee requirement for school groups wishing to earn money for their teams; suggested that groups, that are not based in Baldwin Park, wishing to hold these fund-raising car washes should be required to pay the fee since the money does not come back into the community; opined that it is not fair to the youth who are trying to earn money to pay for uniforms, out of town trips, etc.; requested information regarding fees paid by food trucks in the area. Mayor Lozano expressed concurrence in that the fee should be applied to those coming in from other cities but that local residents should not be charged; noted that he will be bringing the issue back at a future council meeting to make the change and exempt Baldwin Park residents and schools from the requirement. Mayor Lozano stated that the matter will be discussed more extensively at the end of the meeting. Oscar Cristerna, Jr., Baldwin Park resident, asked that a dog park be built as part of Morgan • Park; offered to design a decorative piece to identify and welcome visitors to Baldwin Park; noted that it could be affixed to the bridge and would be relatively inexpensive. Page 2 of 9 Greq Tuttle, Baldwin Park business owner, noted that efforts to mitigate unemployment should to made and pointed to Ordinance No. 1290 as being a hindrance to those efforts; opined that • the ordinance is holding businesses back and that there are many businesses that are operating in violation of the ordinance; stated that the City's budget figures he downloaded from the City's website are inaccurate and pointed to several areas where the figures were in discrepancy. Seeing no others wishing to speak, Public Communications closed at 7:47 p.m. Councilmember Pacheco commented on a statement made during Public Comments and clarified that he is specifically addressing hazing within the military. Mayor Lozano stated that the fees for holding fund-raising car washes should waived for Baldwin Park groups and that he will direct staff to take the necessary steps to revise the ordinance accordingly; stated that until the ordinance is revised, he cannot condone holding the car wash events without a permit but he will direct the Chief Executive Officer to come up with options that can be considered until that time. CONSENT CALENDAR Mayor Pro Tern Rubio requested that Item No. 1 be pulled from Consent for further discussion. Councilmember Garcia requested that Item No. 2 be pulled from Consent as well. 1. ADOPTING RESOLUTION NO. 2012-023, AMENDING THE BASE SALARY FOR RESERVE POLICE OFFICER Staff recommends City Council waive further reading, read by title only and adopt • Resolution No. 2012-023 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 2008-005 AND ADOPTING RESOLUTION NO. 2012-023, A BASIC SALARY PLAN FOR THE EMPLOYEES OF THE CITY OF BALDWIN PARK AMENDING THE BASE SALARY FOR RESERVE POLICE OFFICER." Mayor Pro Tem Rubio requested that this item be taken separately for further discussion; expressed concern regarding the proposed wage increase, suggesting that the percentage of increase be reduced somewhat citing the fact that other labor unions have yet to negotiate with management and providing such a generous raise is contrary to the City's layoff of employees. Councilmember Pacheco asked how many officers the increase would affect; Lt. Reynoso responded to the question, noting that the City has had difficulty recruiting because of the lower wage scale; stated that the wage scale among surrounding cities varies from minimum wage (which is what the City pays) to higher scale pay. Both Councilmember Pacheco and Mayor Pro Tem Rubio asked that additional information be provided to Council to allow for a more accurate analysis of how the action would affect the City. A motion was made by Rubio, seconded by Pacheco, to pull Item No. 1 item from the Agenda and will be held pending the requested supplemental information. When called for vote, an objection was heard. • Councilmember Garcia clarified that her objection is based on the difficulty of recruiting when the wage is not sufficient to attract qualified applicants. Page 3 of 9 Mayor Pro Tem Rubio clarified that she is not in objection to a wage increase, but feels that the increase should be adjusted; noted that the staff report implies that the cost • savings is to be realized by replacing what would be full time officers with the lower wage reserve officers and she is not in support of such a proposal. Noted that the staff report is rather vague and does not provide definitive financial projections. Councilmember Pacheco concurred and requested that additional information and analysis be provided and that the resolution be brought back after Council has had an opportunity to consider the additional information in their decisions. Mayor Lozano directed City Clerk Avila to conduct a Vote by Roll Call. A motion was made by Rubio, seconded by Pacheco, and the following vote was recorded: AYES: Rubio, Pacheco NOES: Lozano, Garcia, Garcia ABSENT: None. ABSTAIN: None. The motion to pull this item from the Agenda failed by a vote of(2—3). A motion was made by Marlen Garcia, seconded by Monica Garcia, to approve the item as presented. When called to vote, an objection was heard. Mayor Lozano directed City Clerk Avila to conduct a Vote by Roll Call. A motion was made by Garcia, seconded by Garcia, and the following vote was • recorded: AYES: Lozano, Garcia, Garcia NOES: Rubio, Pacheco ABSENT: None. ABSTAIN: None. The motion carried (3—2) to approve and adopt Resolution No. 2012-023 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 2008-005 AND ADOPTING RESOLUTION NO. 2012-023, A BASIC SALARY PLAN FOR THE EMPLOYEES OF THE CITY OF BALDWIN PARK AMENDING THE BASE SALARY FOR RESERVE POLICE OFFICER." 2. PROPOSED FEE INCREASES FOR CLASSES AND FACILITY RENTALS RESOLUTION NO. 2012-034 It is recommended that the City Council adopt Resolution No. 2012-034 as Resolution of the City Council of the City of Baldwin Park amending Resolution No. 2012-034. Councilmember Monica Garcia requested that this item be taken separately for further discussion; expressed concern regarding the proposed fee increases for residents; requested that the resolution be revised to implement fee increases for non-residents only and not for residents of Baldwin Park. • Page 4 of 9 Mayor Pro Tern Rubio noted for clarification that the City currently has a fee subsidy program for those who are unable to afford usage fees and that none of the fee • increases apply to any of the senior programs. Councilmember Pacheco suggested that, since this item also has an impact on budget consideration, this item be pulled and reconsidered at a later date when the City's budget is being reviewed. Mayor Pro Tem Rubio asked that Director Carrillo develop a spreadsheet to illustrate the sources of revenue (resident vs non-resident) and which facilities are requested more often. Councilmember Pacheco also requested that an information presentation be brought to Council at the next meeting. A motion was made by Pacheco, seconded by Garcia, and carried (5 —0) to pull Item No. 2 from the Agenda and bring the item back for consideration at the next regularly scheduled meeting. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 3. ADOPTION OF ORDINANCE 1354 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SUBSECTION (J) OF SECTION 96.02 OF THE BALDWIN PARK MUNICIPAL CODE SECTION PERTAINING TO THE USE OF ALCOHOL AT THE ARTS AND RECREATION CENTER OR THE JULIA MCNEILL SENIOR CENTER. It is recommended that the City Council introduce the attached Ordinance, and approve the revised attached policy for facility rental in the Department of Recreation and Community Services. A motion was made by Lozano, seconded by Garcia, and carried (5—0) to approve the revised attached policy for facility rental in the Department of Recreation and Community Services. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 4. CONSULTANT SERVICES AGREEMENT: HOUSING ELEMENT UPDATE Staff recommends that the City Council approve the Consultant Services Agreement with Hogle-Ireland, Inc. to prepare an update to the City's Housing Element and appropriate $34,970.00 to Account 235.40.440.51100.00000.2 (Consultant Services) for fiscal year 2012-2013. A motion was made by Lozano, seconded by Garcia, and carried (5—0) to approve the Consultant Services Agreement with Hogle-Ireland, Inc. to prepare Page 5 of 9 an update to the City's Housing Element and appropriate $34,970.00 to Account 235.40.440.51100.00000.2 (Consultant Services) for fiscal year 2012-2013. • AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 5. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Garcia, and carried (5—0) to ratify the Warrants and Demands Register. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: Lozano. ABSTAIN: None. 6. CALPERS PUBLIC AGENCY REVIEW Staff recommends that the City Council receive and file the attached CALPERS Public Agency Review report and direct staff to continue to work with CALPERS in order to close any outstanding items. A motion was made by Lozano, seconded by Garcia, and carried (5—0) to receive and file the attached CALPERS Public Agency Review report and direct • staff to continue to work with CALPERS in order to close any outstanding items. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. Following discussion and vote of the Consent Calendar, Councilmember Pacheco asked that Item No. 6 be brought back at a future meeting as an informational presentation; directed Chief Executive Officer Singhal to provide at the next regular council meeting a presentation regarding the Review and the resulting report. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to bring back Item No. 6 at the next regular council meeting for informational purposes. REPORTS OF OFFICERS 7. CONSIDERATION OF SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG) AND OTHER MEMBERSHIPS Staff recommends that the City Council: 1. Evaluate the situation with COG for a few months and if at the end of this period the City Council is not satisfied with the direction of the COG the City may pull out from • the COG; Page 6 of 9 2. Authorize staff to send a letter to COG Board requesting that the Board resolve the matter regarding the Executive Director and future structure in an expeditious • manner; and/or 3. Provide direction as the Council deems appropriate. 4. Provide direction on whether to continued membership in the other organizations such as the ICA. Councilmember Monica Garcia pointed to the numerous benefits of being a member of COG and the value realized for the cost of membership; spoke about some of the changes implemented and the improvements that will come from those changes. Councilmember Pacheco stated that he does not support continued membership since most of the benefits are enjoyed by the cities surrounding Baldwin Park; suggested that perhaps in inner San Gabriel Valley organization, similar to COG be established. Councilmember Marlen Garcia expressed support for continued membership with COG but also noted that the City should keep a close eye on the business proceedings given the recent problem with the previous director who is alleged to have executed some unethical transactions. Mayor Pro Tem Rubio expressed, with trepidations, support for continuing membership; noted that, while there are internal problems, there are benefits to the membership; commented that better communication should be provided, particularly given the investigation of the mishandling of COG funds; supports continued membership but also wants additional information provided. Mayor Lozano noted his disappointment in the current management of COG and feels that there is a strong case for withdrawing membership; stated that all COG staff should be contracted • part-time to avoid triggering PERS benefit requirements; expressed a desire to distance the City from the poor principals demonstrated by the misconduct. A motion was made by Councilmember Pacheco for the City to withdraw from membership with the San Gabriel Valley Council of Governments but no supporting motion was made. With that, the motion died. Further discussion ensued regarding the investigation into the wrongdoing of the director and how current grant fund contracts would be administered during the investigation. A motion was made by Councilmember Monica Garcia, seconded by Councilmember Marlen Garcia, for the City to maintain its membership with the San Gabriel Valley Council of Governments. When called to vote, an objection was heard. Mayor Lozano directed City Clerk Avila to conduct a Vote by Roll Call. A motion was made by Garcia, seconded by Garcia, and the following vote was recorded: AYES: Lozano, Garcia, Garcia, Rubio NOES: Pacheco ABSENT: None. ABSTAIN: None. • The motion was made by Garcia, seconded by Garcia, and carried (4— 1) for the City to remain a member of the San Gabriel Valley Council of Governments. Page 7 of 9 Council continued discussion regarding the remaining organization and association memberships, and the value realized or not realized by the membership; discussion regarding • the membership dues of each organization. Councilmember Marten Garcia outlined some of the benefits associated with each of the organizations and suggested that the City withdraw membership from the ICA but remain members of the other organizations. A motion was made by Councilmember Marlen Garcia for the City to withdraw its membership from the ICA but no supporting motion was made. With that, the motion died. There was no further discussion on the item and all membership standings will remain as is. Therefore, no action was taken on this item. 8. AGREEMENT WITH CENTURY DIVERSIFIED INC. FOR SERVICES AS INTERIM PUBLIC WORKS DIRECTOR Staff recommends the City Council provide directions to staff. Mayor Lozano directed that this item be pulled from the agenda to be brought back at a future Regular meeting of the City Council. CITY COUNCIL/CITY CLERK/ CITY TREASURER!STAFF REQUESTS & COMMUNICATIONS Request by Councilmember Ricardo Pacheco for discussion and direction to staff on the • following: • Send a letter of support to Congresswoman Judy Chu to eliminate Hazing in the military. Councilmember Pacheco directed staff to rewrite the letter that was drafted; stated that he would like specific examples of hazing and for the letter to cite specific incidents to more clearly demonstrate the understanding of what hazing really is; directed staff to bring back a new draft of the letter for consideration. Mayor Lozano noted that Top Value market has now become El Supre; stated that the shopping center in which this and the 99 Cent Store are located is very unsightly, particularly on weekends; directed staff to dispatch crews to clean up the area. Mayor Pro Tern Rubio extended a wish of Happy Labor Day to the community. Councilmember Pacheco reiterated the need for Code Enforcement to address blighted and dilapidated properties; a firmer approach must be taken to address this problem. Mayor Lozano asked Lt. Reynoso to dispatch officers to address persons loitering at the Baldwin Park sign near the freeway, at the WalMart shopping center, the Target shopping center, and other congregation areas. City Clerk Avila asked that Public Works staff dispatch someone to address the water is flowing across the sidewalk near the Robin Restaurant; noted that the sidewalk is very slippery because the water is becoming slimy; requested that police officers be dispatched to the neighborhood in • which she lives because each weekend there are motorists that are driving at excessive speeds and hot-dogging; pointed out that it creates a danger to children playing in the neighborhood. Page 8 of 9 ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a • motion was made by Lozano, seconded by Garcia, to adjourn the meeting at 8:40 p.m. M yo S_ / / ATTEST: A �k , Ma '°ozano, Mayor Alejandra AV a, City Clerk C"GL6r/vvv� APPROVED: 4115- • • Page 9 of 9