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HomeMy WebLinkAbout2013 03 06 CC MIN . MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING MARCH 6, 2013, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 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 Tem Monica Garcia Mayor Manuel Lozano ANNOUNCEMENTS None. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Recognition to Sierra Vista High School Wrestling Team for a Great Season Mayor Lozano presented a Certificates of Recognition to the Sierra Vista High School Wrestling Team for its 9th year as the Undefeated League Champion, and recognized individual students for their achievements. PUBLIC COMMUNICATIONS Mayor Lozano announced Public Communications as open at 7:24 p.m. and announced that speakers are allowed three (3) minutes for each speaker. Elia Gardenez, representing the Los Angeles County Children and Family Services Department, and supervisor of Social Workers working with Baldwin Park Police Department, spoke in support of keeping the Police Department intact. Jason Adams, President of Baldwin Park Police Officers Association (POA), read a brief statement in support of keeping the Police Department intact and deterring any decision to outsource law enforcement services to the Los Angeles County Sheriff's Department. • City Council Regular Meeting Minutes 3/6/13 • Ben Lowry, President of El Monte Police Officers Association, spoke in support of the Baldwin Park Police Officers Association and Baldwin Park Police Department; stated that he is a former L.A County Sheriff and can speak to the concerns of the community with regard to the Sheriff's Department and how the County Sheriffs view service in a particular community; suggested that the City resort to being unincorporated if the City wishes to relinquish its responsibilities. Art Luna, Baldwin Park resident, stated that Council works for the citizens of the community and opined that City policies are not working to the benefit of the community; stated that the citizens have a right to vote whether they want the Police Department or the Sheriff's Department to provide law enforcement services. Mike Durant, Vice President of the Peace Officers Research Association of California, spoke in support of the Baldwin Park Police Department and Police Officers Association; opined that changes will be made if the City contracts with the County Sheriff's Department and it will most likely include moving existing officers to work at the jail and not in the field, and that officers community will be unfamiliar to the citizens and the City have very to serve the comm rY brought in y Y little control over how law enforcement services are executed. Marshall McClain, Los Angeles Airport Peace Officers Association, stated that, if the City chooses to move forward with the change, there is no going back—the City will not be able to take back control of the community law enforcement from the County, pointing to how many agencies have lost control over their law enforcement despite repeated attempts to take it back. Steve Bracket, noted that he graduated from the Los Angeles County Sheriff's Academy but chose to work for a municipality, now having put in more than 30 years; echoed the sentiments of Mr. McClain and Mr. Durant, opining that the City will lose control of its law enforcement forever if they choose to contract with the County Sheriff's Department. Carey Conden, President of the Anaheim Police Association, echoed the comments of Mr. Durant, Mr. McClain and Mr. Bracket; compared the relationship between the police department and the community with a relationship between parents and children, noting that there must be commitment and integrity in the parents relationship and that it is the parents duty to insure protection for the children. Brian Perez, Baldwin Park resident, expressed support for the Baldwin Park Police Department, noting that he will be a father soon and feels that the City's police department has and always will be there to protect him and his new family. Sheba Holmes, Baldwin Park resident, acted as a spokesperson for the community in expressing the strong desire to keep the Baldwin Park Police Department intact; pointed out that her family has been in Baldwin Park for generations and the connection between the police officers dedicated to the community is so much stronger than most realize; asked that the decision be put to a vote of the people so that the community will have the opportunity to embrace whatever changes occur. Steve Turner, San Bernardino Police Officers Association, voices solidarity with the Baldwin Park Police Officers Association; pointed out that the community has made it clear by its actions that they do not want the County Sheriff's Department to take over. Christopher Williams, El Monte Police Officers Association, expressed support and solidarity with the Baldwin Park Police Officers Association and the community; pointed out that giving up Page 2 of 10 City Council Regular Meeting Minutes 3/6/13 • local control will only result in a suffering of response and service to the citizens of Baldwin Park; encouraged Council to consider the investment made in the people of the police department and the return they have received. Ann Lindsey, Police Dispatcher for Baldwin Park, identified herself as the wife of a Los Angeles County Deputy, and inferred that the personal attention and care that is provided by the Baldwin Park Police Department will not be provided by the County Sheriff's Department; referred to her long commute for the sake of working for Baldwin Park Police Department as opposed to the County Sheriff's Department. Chris Kuberry, Vice President of Baldwin Park Police Officers Association, commented on the Special Meeting held earlier in the evening, noting that discussions regarding the revenue stream came up but the conversation was soon set aside due to the absence of two Councilmembers; opined that the lack of attendance by councilmembers implies that perhaps the fiscal crisis is not as bad as is being represented. Joshua Hendricks, Police Officer, Baldwin Park Police Department, commented on statements made by Councilmembers at previous Council Meetings and noted that the budgetary numbers published in the various reports available on the City's web site are inconsistent with the Councilmembers comments and are inconsistent collectively; pointed to budget information that was previously published in the Baldwin Park NOW, showing discrepancies between the various reports in excess of 2 —4 Million dollars; requested that transparency be upheld and the actual budget number be provided to the public. Greq Tuttle, Baldwin Park business owner, opined that money is being hidden by executive • management and council; blamed the allegations on retaliation practices; pointed out that lawsuits have been filed; opined that it is easily demonstrated where money is going, referring to benefits being paid inappropriately. Unidentified speaker, Baldwin Park resident, expressed praise for the response time of police officers working for the Baldwin Park Police Department; stated that he is proud to be a citizen of Baldwin Park; noted that communication is key and thanked those who were responsive to his inquiries, and disdain for those not being responsive to communication and community needs. Juan Rios, Baldwin Park resident, stated that one of the biggest problems he sees is the discord and defiance being demonstrated between various Councilmembers; commented on a fire that occurred earlier in the day and commended first responders on their quick response; voice support for the Baldwin Park Police Department and asked that the decision be put to a vote and let the citizens of the community decide. Unidentified speaker, Baldwin Park resident, commended the Baldwin Park Police Department and echoed the sentiments of putting the decision to a vote of the citizens. Unidentified speaker, Baldwin Park resident, expressed disappointment that Councilmembers seem to be bored; expressed support for retaining the Baldwin Park Police Department; opined that Council's failure to respond to the wishes of the people could result the same way it did in the City of Bell, where the entire Council was removed. dip Page 3 of 10 City Council Regular Meeting Minutes 3/6/13 • Unidentified speaker, Baldwin Park resident, commented on some of the programs that have been supported by the Baldwin Park Police Department, pointing out that Police Officers take pride in the community and investing time in helping children in the community. Miguel Wes, Baldwin Park resident, suggested that people look for examples of what is a good city; noted that his sons participated in programs that were supported by the Baldwin Park Police Department and acted a role models; commented on the Police Chief's failure to voice any opinion of support for the department; asked that Council take into consideration the wishes of the community. Unidentified speaker, Baldwin Park resident, commented on how intertwined the community and the members of the Police Department really are; recited a story from when he was a teen and how he recalls the familiar relationship with local police officers; related how the relationship with local police officers and citizens truly create a sense of community; asked that Council keep the Police Department here. Rizio Radoltas, Baldwin Park resident, noted that he has been an Explorer in Baldwin Park for over three years; stated that he is a volunteer who works closely with police officers from Baldwin Park Police Department and expressed his appreciation for the police officers of the community; expressed support and asked that Council keep Baldwin Park Police Department here. Silvia Rosso, Baldwin Park resident, expressed fear for the safety of her family if Baldwin Park Police Department is dissolved and Los Angeles County Sheriff's Department is brought in for law enforcement; pointed to the reduction in gang activity because gang members fear and respect officers of the Baldwin Park Police Department. Elisio Pacheco, Baldwin Park resident, pointed to the strong opposition by the community to replacing the Baldwin Park Police with L.A. County Sheriffs; opined that the decision appears to have already been made and that it demonstrates a dictatorship mindset; further opined that Councilmembers are serving their own interest; asserted that the decision should be put to a vote of the people. Daniel Alvarez, Baldwin Park resident, recalled campaigning of councilmembers and their promise to act on behalf of the people; pointed to the fact that the community has made it clear that they do not want the County Sheriff's brought in for law enforcement; stated that he has reviewed the budgetary information and has not seen any significant evident that contracting with the Sheriff's Department will result in any cost savings; requested that Council look for other ways to cut spending and put the decision to a vote of the people. Jim Dexter, Baldwin Park resident, spoke of his disappointment with the actions of Council; recounted experiences from when he was growing up in Baldwin Park and how police officers were always there to protect him; despite his being an office of the County Sheriff, he voice his personal support for Baldwin Park Police Department. Lora Lee Kazar, Baldwin Park resident, spoke of her son who, as a child, expressed the desire to be a Baldwin Park Police Officer; noted that her son, at age 15, became an Explorer and continues to have his sights set on being a police officer in Baldwin Park; expressed her own personal concern for the safety of herself and her family; asked that Council keep the police • department intact. Page 4 of 10 City Council Regular Meeting Minutes 3/6/13 • There being no additional speakers, Mayor Lozano closed public communications at 8:37 p.m. Councilmember Pacheco stated that he has not and does not support the move to contracting with the County Sheriff's Department; stated that he intends to look at things objectively and to take the many of the aspects of contracting into consideration, particularly with regard to surrendering local control; noted that there are several sources that help to fund the police department, including grants and asset forfeiture funds, and his first priority is to keep the department intact. Councilmember Rubio voiced appreciation to the community members and officers that were in attendance and expressing their support; stated that she is and has been very vocal in her support for keeping the Police Department intact and finding alternatives to contracting out the law enforcement services. Councilmember Marlen Garcia asked that during public communications, people maintain respect when speaking to Council; stated that Council has always been supportive of the Police Department; stated that the Sheriff's Department has promised that current Baldwin Park officers will be absorbed with the successful completion of a polygraph and physical; pointed to obligations made to the POA previously approved as being the cause of current financial shortfalls. Councilmember Monica Garcia expressed her appreciation of the police department and community equally; stated that she had previously been very much against outsourcing; narrated a prepared statement; provided some background on financial aspects of decision • making and the impact on her current position; thanked the community for its support but also noted that it is a tough decision to make but one that has to be addressed. Councilmember Pacheco spoke in rebuttal to Councilmember Garcia's statement with regard to the financial impact implied; expressed an alternate perspective on how funding is being calculated; pointed out that there are several non-police specific contracts that are being bundled into the projected budget; also noted that the budget is projected at a fully staffed level which is rarely achieved; pointed out that there will be annual increases tied in to a contract with the County Sheriff's Department. Councilmember Rubio pointed to a recent presentation made by the Sheriff's Department in which they outlined services that would be provided, but when asked, it was confirmed that those same services are being provided now, the answer was affirmative: it was also pointed out that there would be an estimated increase of 3.5—5.0% annually and that control of increases is left in the hands of the Board of Supervisors. Councilmember Marlen Garcia referred to a comparison that was provided by the Sheriff's Department at the presentation; acknowledged the fact that costs will increase over time; opined that the costs are going to be felt for years to come because young officers will eventually retire with a significant pension promised. Mayor Lozano stated that every member of Council is supportive of keeping the Baldwin Park Police Department; noted that there may be differences of opinion but that the important point is whether the City can continue to sustain the financial obligations each year; stated that he will not officially take a position on this until Phase II has been • completed and real facts can be examined. Page 5 of 10 City Council Regular Meeting Minutes 3/6/13 • CONSENT CALENDAR Councilmember Pacheco asked that Item No. 9 be held for further discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands. Motion was made by Lozano, seconded by Garcia, carried (5-0) to ratify the attached Warrants and Demands. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 2. CLAIM REJECTIONS Staff recommends City Council reject the claim of Jose Rodriguez and direct staff to send the appropriate notice of rejection to claimant. Motion was made by Lozano, seconded by Garcia, carried (5-0) to reject the claim of rejection to claimant.j Jose Rodriguez and direct staff to send the appropriate notice of re� AYES: Garcia, Mayor Pro Tem Garcia, Mayor Lozano, Pacheco, Rubio NOES: None. • ABSENT: None. ABSTAIN: None. 3. CONSULTANT SERVICES AGREEMENT: SUSTAINABLE COMMUNITIES GRANT- GRANT MANAGEMENT AND ADMINISTRATIVE SERVICES Staff recommends that the City Council approve the Consultant Services Agreement with Evan Brooks Associates to do grant management and administration for the Sustainable Communities Grand and appropriate $31,250.00 to Account 235.40.440.51100.00000.2 (Consultant Services) for fiscal year 2012-2013 and $93,750.00 for fiscal year 2013-2014, consistent with the overall project timeline. Motion was made by Lozano, seconded by Garcia, carried (5-0) to approve the Consultant Services Agreement with Evan Brooks Associates to do grant management and administration for the Sustainable Communities Grand and appropriate $31,250.00 to Account 235.40.440.51100.00000.2 (Consultant Services) for fiscal year 2012-2013 and $93,750.00 for fiscal year 2013-2014, consistent with the overall project timeline. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. • Page 6 of 10 City Council Regular Meeting Minutes 3/6/13 • 4. REQUEST RESOLUTION AUTHORIZING REWARD PAYMENT TO WITNESS ON CONVICTION OF VANDALISM SUSPECT Staff recommends: 1) the City Council adopt Resolution No. 2013-005 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE PAYMENT OF A REWARD FOR INFORMATION WHICH LED TO THE ARREST AND CONVICTION OF INDIVIDUALS INVOLVED IN THE VANDALISM OF CITY PROPERTY." 2) Direct the Chief Executive Officer, or his designee, to process payment of the reward to Mr. Victor Manuel Salaiza. 3) Direct the City Attorney to pursue collection from the convicted juvenile's parents of the amount awarded to Mr. Salaiza and authorize staff to pursue collection through small claims court, if necessary. Motion was made by Lozano, seconded by Garcia, carried (5-0) to approve staff's recommendation as presented. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. • 5. AUTHORIZE CONTRACT CHANGE ORDERS TOTALING $101,024 FOR THE CITY OF BALDWIN PARK TRANSIT CENTER PROJECT Staff recommends that the City Council approve contract change orders with PLC Construction Services Inc. at a cost of$101,024. Motion was made by Lozano, seconded by Garcia, carried (5-0) to approve staffs recommendation as presented. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. AUTHORIZE AMENDMENT OF THE TRANSIT CENTER CONSTRUCTION MANAGEMENT CONTRACT Staff recommends that the City Council authorize a contract amendment increasing Del Terra's construction management contract by $30,000. Motion was made by Lozano, seconded by Garcia, carried (5-0) to approve staff's recommendation as presented. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. • ABSENT: None. ABSTAIN: None. Page 7 of 10 City Council Regular Meeting Minutes 3/6/13 41 7. AMEND CONSULTANT AGREEMENT FOR THE DESIGN OF TRAFFIC IMPROVEMENTS FOR MAINE AND PACIFIC AND AUTHORIZATION TO SOLICIT CONSTRUCTION BIDS Staff recommends that the City Council: 1) Authorize the Chief Executive Officer to execute an amendment to the consultant agreement with EBA, for the preparation of plans and specifications for traffic improvements to Maine and Pacific, and for the preparation of E-76 documents packages for Federal approval, for a total amount not to exceed $49,800; and 2) Authorize the Director of Public Works to advertise the completed plans for construction bids. Motion was made by Lozano, seconded by Garcia, carried (5-0) to approve staff's recommendation as presented. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 8. RATIFY AGREEMENT FOR ATTORNEY SERVICES It is recommended that the City Council ratify the attached attorney representation • agreement and add the firm of Atkinson, Andelson, Loya, Ruud & Romo to the City's panel of legal firms. Motion was made by Lozano, seconded by Garcia, carried (5-0) to approve staff's recommendation as presented. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 9. CITY OF BALDWIN PARK'S COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2012 It is recommended that the City Council receive and file the City of Baldwin Park's Comprehensive Annual Financial Report for the fiscal year ended June 30, 2012. Councilmember Pacheco stated that he had read the report and was not in concurrence with its contents. Councilmember Rubio also stated that she does not support receiving the Report as she believes it to be inaccurate. Motion was made by Pacheco, seconded by Rubio, to reject the report as presented. Councilmember Marlen Garcia voiced objection, therefor a roll call vote was conducted by the City Treasurer, Maria Contreras. • Page 8of10 City Council Regular Meeting Minutes 3/6/13 • Motion was made by Pacheco, seconded by Rubio, to receive and file the City of Baldwin Park's Comprehensive Annual Financial Report for the fiscal year ended June 30, 2012, was carried by a vote of 3-2. AYES: Garcia, Garcia, Lozano NOES: Pacheco, Rubio ABSENT: None. ABSTAIN: None. SET MATTERS - PUBLIC HEARINGS 10. PUBLIC HEARING REGARDING THE FISCAL YEAR 2013-2014 ANNUAL ACTION PLAN AND CITIZEN PARTICIPATION PLAN Staff recommends that the City Council conduct the public hearing and following the public hearing approve the allocations for the FY 2012-2013 CDBG public service programs by selecting one of the following options: Option 1 -Approve the Joint Commission's recommendations for funding; or Option 2 - Revise allocations as the City Council deems appropriate. Mayor Lozano opened the Public Hearing at 9:24 p.m. and invited those wishing to speak in favor of the item. Seeing no one wishing to speak in favor, the Mayor invited those wishing to speak against the item to come forward. • Seeing no one wishing to speak, Mayor Lozano closed the Public Hearing at 9:25 p.m. Dr. Flores provided an overview of how CDBG funds that are provided to the community are used and thanked Council for their favorable decision. Housing Manager Susie Ruelas asked that Council note a 3% reduction across the board due to a reduction in available CDBG funds. Motion was made by Lozano, seconded by Rubio, carried (5-0) to approve Option 1 as presented by staff. c AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS 11. 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. • Motion was made by Pacheco, seconded by Lozano, carried (5-0) to approve Option 1 Page 9 of 10 City Council Regular Meeting Minutes 3/6/13 as presented by staff. • AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Mayor Manuel Lozano for discussion & direction to staff on the following: Process necessary code amendments to allow conversion of an Alan Co. static sign to a digital sign. Councilmember Rubio asked that the item be brought back at a future meeting to allow time to further explore the impact of approving an amendment that would affect all future decisions on digital signage. Motion was made by Pacheco, seconded by Lozano, to direct staff to proceed with preparing a code amendment to allow conversion of an Alan Co. static sign to a digital sign and bring the amendment back for Council approval. Councilmember Rubio voiced objection, therefor a roll call vote was conducted by the City Treasurer, Maria Contreras. Motion was made by Pacheco, seconded by Lozano, carried (4-1) to direct staff to • proceed with preparing a code amendment to allow conversion of an Alan Co. static sign to a digital sign and bring the amendment back for Council approval. AYES: Garcia, Garcia, Lozano, Pacheco NOES: Rubio ABSENT: None. ABSTAIN: None. City Clerk Avila expressed concern because of a recent accident at Puente Avenue and Pacific Avenue, noting that the crosswalk light is not providing enough time for students to cross the street. ADJOURNMENT A motion was made by Lozano, seconded by Garcia, and carried (5-0) to ur i he meeting at 9:51 p.m. • Mayor ATTE :/42 ,� y i City Cle �lL!/�s APPROVED: 1 ,51/ Page 10 of 10