HomeMy WebLinkAbout2012 09 19 CC MIN MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
• SEPTEMBER 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.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
ROLL CALL
MEMBERS PRESENT:
Council Member Marlen Garcia
Council Member Monica Garcia
Council Member Ricardo Pacheco
. Mayor Pro Tem Susan Rubio
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.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
• SCE check presentation to the City of Baldwin Park (Michael Cook & Ahmad Solomon,
SCE and Marisa Creter, SGVCOG)
Marianne Lutz, Mayor of Monrovia and First Vice President of the San Gabriel Valley Council of
Governments, in collaboration with the Energy Wise Partnership, Ms. Lutz praised the City of
Baldwin Park for being recognized and awarded as the recipient of a check in the amount of
$22,235.96 to recognize the energy savings as a result of the City's energy saving projects.
Mike Cook, Southern California Edison's Government Relations Representative, presented the
Mayor with the check and thanks City staff for their efforts.
PUBLIC COMMUNICATIONS
Mayor Lozano opened Public Communications at 7:09 p.m. and noted that each speaker is
permitted a total of three (3) minutes to speak.
Ken Woods, Baldwin Park resident, commented on the disagreement with one of the
councilmembers regarding an indecent involving a serviceman; narrated a report issued from
• the military regarding hazing of this particular serviceman; pointed out that the opinion of the
councilmember is just that and not the opinion of the constituency.
Roger Hernandez, State Assemblyman, provided a update on legislative bills that are moving
through the Legislature and how these bills will affect the citizens of Baldwin Park; noted that
one bill places financial institutions in a position that will require them to work with homeowners
whose mortgages are in danger; also spoke about legislature that is working its way through
both houses that will provide some protection to those who work in agriculture.
Veronica Lopez, Baldwin Park resident, thanked Council for its recent approval of the car wash
ordinance, again, thanked Council for information on food trucks but sought clarification on
whether the $40 fee per event for trucks is applicable since it does not appear in the contract;
pointed out that the health, liability insurance, and vehicle registration certificates for the
referenced food truck were all expired
Greg Tuttle, Baldwin Park business owner, answered one of the questions presented by Ms.
Lopez; stated that Code Enforcement was permitting the food trucks on a trial basis;
commented on the proposed subterranean garage for police department parking and the
proposed pedestrian bridge over to the Metrolink station but pointed out that there are no
approved permits; expressed displeasure at the attendance of councilmembers at conferences,
noting that only one member should be attending, not all councilmembers; opined that the
failure to have the CaIPERS accounts audited is going to have long-term negative impact.
Unidentified speaker stated that he does not believe it necessary to build more apartments and
• asserted that, with the downturn in the economy and property values, it does not make sense to
dispose of city property.
`The following is a general translation of Ms. Cardinas' comments from Spanish to English
facilitated by City Clerk Alejandra Avila.
*Esperanza Cardinas, Baldwin Park resident, stated that her some was taken into custody by
Baldwin Park police officers; stated that she attempted to speak with the Chief of Police and a
Councilmember but without success; her son is now in jail and she has not been able to find out
why; when her other son asked police why they took his brother to jail, they just said 'because
we can;' said that her children have been taken from her previously and she does not
understand why; said that her son went to the police department to turn in a gun but they
refused to take it; after he left the police station, the police came and arrested him for carrying a
concealed weapon; opined that it was all done intentionally.
Mayor Lozano directed Chief Taylor to look into the matter and report back to Council.
Councilmember Pacheco stated that he did take the call from Ms. Cardinas; following
the call, he made inquiries and then informed her as to why he was arrested, when she
could visit him and suggested that she speak with an attorney to address the charges
lodged against her son. Mayor Lozano also noted that her son is in custody of the
County Sheriff, not with Baldwin Park Police Department.
Seeing no others wishing to speak, Public Communications closed at 7:37 p.m.
40
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CONSENT CALENDAR
• Mayor Pro Tern Rubio requested that Agenda Item No. 6 be pulled from the Consent Calendar
for discussion.
1. CLAIM REJECTION
Staff recommends City Council reject the claims of Julio Huayanca, Jose Sauza, Bryant
Garcia, Jade Rivas, and Luis Rivas Jr.and direct staff to send the appropriate notice of
rejection to claimants.
A motion was made by Lozano, seconded by Garcia, and carried (5— 0) to reject
the claims of Julio Huayanca, Jose Sauza, Bryant Garcia, Jade Rivas, and Luis
Rivas Jr. and direct staff to send the appropriate notice of rejection to claimants.
AYES: Lozano, Garcia, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
2. 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, Garcia, Garcia, Rubio, Pacheco
NOES: None.
• ABSENT: None.
ABSTAIN: None.
3. TREASURER'S REPORT: JUNE AND JULY 2012
Staff recommends that the City Council receive and file the Treasurer's Reports for June
and July 2012.
A motion was made by Lozano, seconded by Garcia, and carried (5—0) to
receive and file the Treasurer's Reports for June and July 2012.
AYES: Lozano, Garcia, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
4. APPROVAL OF AN AMENDMENT TO RESOLUTION 2012-014 AUTHORIZING THE
CITY OF BALDWIN PARK TO ENTER INTO A CONTRACT WITH THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) UPON RECEIPT
OF A TRANSPORTATION PLANNING GARNT (SAFE ROUTE TO SCHOOL)
Staff recommends that the City Council adopt Resolution No. 2012-014 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
AUTHORIZING STAFF TO ENTER INTO A CONTRACT WITH THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION UPON RECEIPT OF AN
• ENVIRONMENTAL JUSTICE PLANNING GRANT FROM THAT AGENCY."
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A motion was made by Lozano, seconded by Garcia, and carried (5—0) to adopt
Resolution No. 2012-014 entitled "A RESOLUTION OF THE CITY COUNCIL OF
• THE CITY OF BALDWIN PARK AUTHORIZING STAFF TO ENTER INTO A
CONTRACT WITH THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION UPON RECEIPT OF AN ENVIRONMENTAL JUSTICE
PLANNING GRANT FROM THAT AGENCY."
AYES: Lozano, Garcia, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
5. SECOND READING 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 OF THE JULIA MCNEILL
SENIOR CENTER.
Staff recommends that the City Council adopt Ordinance 1354 on second reading, read
by title only and waive any further reading thereof.
A motion was made by Lozano, seconded by Garcia, and carried (5—0) to
approve and adopt 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.
AYES: Lozano, Garcia, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
6. COMPREHENSIVE REPORT FOR PROCESS AND PROCEDURES OF FOOD TRUCK
FUNDRAISER"TASTY THURSDAYS" AND THE SUCCESS OVER THE SUMMER
MONTHS IN GENERATING ADDITIONAL FUNDS FOR ANNUAL SANTA CLOTHES
PROGRAM.
Staff recommends that the City Council receive and file.
Mayor Pro Tem Rubio requested that this item be taken separately so that Director
Carrillo could respond to the concerns expressed by Ms. Vargas during Public
Communications when she pointed out that all of the certificates required by the food
truck are expired.
Director Carrillo stated that this report will be pulled from consideration and will be
brought back at a future Council meeting, at which time all documentation will be
current and correct.
•
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7. RESOLUTION NO. 2012-035 AUTHORIZING THE ADMINISTRATION OF A MASTER
AGREEMENT AND EXECUTION OF PROGRAM SUPPLEMENTS FOR FEDERALLY
• AND/OR STATE FUNDED PROJECTS
Staff recommends that the City Council waive further reading, read by title only, and
adopt Resolution No. 2012-035 "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CHIEF EXECUTIVE
OFFICER TO ADMINISTER THE EXISTING MASTER AGREEMENT AND TO
EXECUTE PROGRAM SUPPLEMENTS FOR FEDERALLY AND/OR STATE FUNDED
PROJECTS."
A motion was made by Lozano, seconded by Garcia, and carried (5—0) to
approve and adopt Resolution No. 2012-035 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING
THE CHIEF EXECUTIVE OFFICER TO ADMINISTER THE EXISTING MASTER
AGREEMENT AND TO EXECUTE PROGRAM SUPPLEMENTS FOR
FEDERALLY AND/OR STATE FUNDED PROJECTS."
AYES: Lozano, Garcia, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
8. RESOLUTION NO. 2012-036 AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO
SUBMIT APPLICATIONS FOR RELATED AUTHORIZATIONS FOR THE OIL
IliPAYMENT PROGRAM
Staff recommends that the City Council waive further reading, read by title only, and
adopt Resolution No. 2012-036 "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, CALIFORNIA AUTHORIZING THE CHIEF EXECUTIVE
OFFICER TO SUBMIT APPLICATIONS AND RELATED AUTHORIZATIONS."
A motion was made by Lozano, seconded by Garcia, and carried (5—0) to
approve and adopt Resolution No. 2012-036 "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AUTHORIZING
THE CHIEF EXECUTIVE OFFICER TO SUBMIT APPLICATIONS AND
RELATED AUTHORIZATIONS.".
AYES: Lozano, Garcia, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
9. ACCEPTANCE OF THE DELAMPING OF INTERNALLY ILLUMINATED STREET
NAME SIGNS AND ENERGY EFFICIENT SAFETY LIGHT RETROFITS PROJECT,
INSTALLED BY C.T. & F., INC. AND AUTHORIZATION TO RECORD THE NOTICE
OF COMPLETION.
Staff recommends that the City Council accept the installation/retrofit by CT&F, and
• authorize the recordation of a Notice of Completion.
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A
A motion was made by Lozano, seconded by Garcia, and carried (5—0) to
accept the installation/retrofit by CT&F, and authorize the recordation of a Notice
of Completion.
AYES: Lozano, Garcia, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
10. 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.
11. REGULATIONS PERTAINING TO PERMITTING OF CARWASHES UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
• Staff recommends that the City continue to allow the issuance of free car wash permits
to charitable/non-profit agencies as allowed under NPDES in order to avoid penalties.
A motion was made by Lozano, seconded by Garcia, and carried (5—0)to allow
the issuance of free car wash permits to charitable/non-profit agencies as
allowed under NPDES in order to avoid penalties.
AYES: Lozano, Garcia, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
REPORTS OF OFFICERS
12. CONSIDERATION OF AN EXCLUSIVE NEGOTIATION AGREEMENT (ENA)WITH
ROEM DEVELOPMENT CORPORATION FORA PROPOSED TRANSIT-ORIENTED
MIXED-USE DEVELOPMENT PROJECT BETWEEN RAMONA BLVD AND THE
BALDWIN PARK CIVIC CENTER (RELATED TO ITEM UNDER SUCCESSOR
AGENCY)
Staff recommends the City Council and Successor Agency Board approve the proposed
Exclusive Negotiation Agreement and authorize the Mayor to sign the Agreement.
Community Development Manager Marc Castagnola provided a summary of the
purpose of the agreement as well as the proposed project to which the
agreement would be applicable.
Darrick Allen, representative of ROEM Development narrated a PowerPoint
presentation and provided an overview of the corporation and its experience in
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the land use and development industry. Following his narrative, Mr. Allen
responded to questions from Council.
• Council discussion included the number of units proposed, the percentage of
units designated as affordable housing, other parties that will be participating in
the project at different milestones, maintenance of landscape and the building in
general, and concerns regarding funding of the project.
A motion was made by Garcia, seconded by Garcia, and carried (5— 0) to
approve the proposed Exclusive Negotiation Agreement and authorize the Mayor
to sign the Agreement.
AYES: Lozano, Garcia, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
CITY COUNCIL ACTING AS SUCCESSOR AGENCY
CONSENT CALENDAR
13. CONSIDERATION OF AN EXCLUSIVE NEGOTIATION AGREEMENT (ENA) WITH
ROEM DEVELOPMENT CORPORATION FOR A PROPOSED TRANSIT-ORIENTED
MIXED-USE DEVELOPMENT PROJECT BETWEEN RAMONA BLVD AND THE
BALDWIN PARK CIVIC CENTER (RELATED TO ITEM UNDER CITY COUNCIL
AGENDA)
Staff recommends the City Council and Successor Agency Board approve the proposed
Exclusive Negotiation Agreement and authorize the Mayor to sign the Agreement.
• A motion was made by Garcia, seconded by Garcia, and carried (5 — 0) to
approve the proposed Exclusive Negotiation Agreement and authorize the Mayor
to sign the Agreement.
AYES: Lozano, Garcia, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
CITY COUNCIL / CITY CLERK/CITY TREASURER/STAFF REQUESTS &
COMMUNICATIONS
Request by Councilmember Ricardo Pacheco for discussion and direction to staff on the
following:
• Prepare a Resolution in Support of the Trust Act.
Councilmember Pacheco stated that, in advance of preparing a Resolution, staff is directed to
gather information on the legislation titled as the Trust Act, providing a summary of what it does
and verify whether the Governor has, in fact, signed this Act.
• Send letter of Support to Congresswoman Judy Chu to eliminate Hazing in the military.
Councilmember Pacheco read aloud portions of a recent news article regarding hazing in the
• military; noted that this illustrates the need for and intent behind the letter of support which he
intends to send to Congresswoman Chu.
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• Request the Department of Parks and Recreation to prepare a report evaluating options for
grants or other funding through private public partnerships with the Baldwin Park non-profit
•
Soccer league for construction of a state-of-the-art energy-efficient Soccer Center complex in
the city of Baldwin Park. This request is in line with the City's Healthy Cities Initiatives and lack
of sufficient soccer centers throughout the City and the San Gabriel Valley. Coordinate with our
local utility partners (SCE, SCG, VCWD,WM)to provide environmentally sustainable
equipment grants.
Councilmember Pacheco directed staff to perform a preliminary survey of options, looking at
facilities built by other cities using alternate sources of funding; noted that the local citizenship
often uses school grounds for these activities and the success of this type of project in other
surrounding cities can be used as a model for what Baldwin Park would like to have.
• Request the Code Enforcement Division to provide a Strategic execution and implementation
plan on prioritizing blighted bank owned homes throughout the city with input from city attorney on
enforcement options and present plan by the first meeting in November.
Councilmember Pacheco directed staff to work with the City Attorney to develop a plan to address
dilapidated properties and to adhere to a more strict code enforcement to address the blighted
areas in the city; directed staff to present a report at a future Council meeting to provide a status
update on action taken.
• Request the Police Department provide the City Council a report on the effectiveness of the
recently revised city procedures and policy for vehicle impounds, sobriety/driver's license
checkpoints and traffic stops by the next council meeting with option for the city council to review
and consider any changes.
• Councilmember Pacheco requested that Police Department staff provide a report at a future
Council meeting as to the effectiveness of the revised city procedures regarding the impound of
vehicles, effectiveness of the sobriety/driver's license checkpoints and traffic stops made by
officers, to make sure no profiling is being done and to determine whether any further changes
are necessary.
Request by Mayor Manuel Lozano for discussion on the following:
• Housing Development Proposal "Big Dalton."
Mayor Lozano directed staff to work with Craig Dalton to move forward with development on the
proposed project; requested that staff prepare and report back to Council at the next meeting.
Councilmember Marlen Garcia reported on her attendance at the 2012 California League of
Cities Conference (CLC); noted that the governing body of the CLC approved the following
three resolutions:
1. Resolution calling upon the Governor and Legislators to enacting legislation to correct
inefficiencies in the audit system and distribution system, and inequities in formulas for
distributing court-ordered arrest and citation fines, fees, and assessments generated by
local government;
2. Resolution raising public awareness and supporting tougher laws relating to internet
. crime and crimes against children; and
3. Resolution calling for the promotion of a disaster resilient California cities.
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 7:40 p.m.
Mai. /
ATTEST: `�/� �G�
M uel Lyn, Mayor
Alejandra ' ila, City Clerk
APPROVED: 1-/////5
•
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