HomeMy WebLinkAbout2013 06 19 CC MIN MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
• JUNE 19, 2013,7:00 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 7:07 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 Ricardo Pacheco
Council Member Susan Rubio
Mayor Pro Tem Monica Garcia
Mayor Manuel Lozano
ANNOUNCEMENTS
Mayor Lozano announced that, as required by Government Code section 54954.3, members of the City
Council are also members of the Board of Directors of the Community Development Commission,
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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$75 for attending the CDC meeting,
$30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting.
Councilmember Pacheco congratulated Councilmember Rubio on here recent nuptials, noting
that she recently married Assembly Member Roger Hernandez; extended well wishes.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
• Recognition to Luis Arias and Rosie Perez for being named 2013 Saint John the Baptist Spring
Festival King and Queen.
Councilmember Pacheco congratulated Rosie Perez and Luis Arias for their being elected as the
2013 King and Queen of the St. John the Baptist Festival; noted that 2013 is the 60th Anniversary
of the St. John the Baptist School; recognized many of the teachers at the school and expressed
appreciation for the many years of quality education that St. John's has provided to the youth of
Baldwin Park.
• Recognition to the Baldwin Park Rock Star Cheer Group for winning the Title of"2013 American
Cheer Power National Champions"
Councilmember Garcia expressed accolades to the Cheer Group for their championship title and
presented Certificates of Recognition to each member of the group.
• Recognition to Mr. & Mrs. Jack White on celebrating their 60th Wedding Anniversary
Mayor Lozano announced that Mr. and Mrs. White were unable to attend this evening's meeting
so this item will be continued to the next Council meeting at which they are able to attend;
• extended his sincere congratulations and expressed admiration for their commitment to each
other for all these years.
PUBLIC COMMUNICATIONS
Mayor Lozano opened Public Communications at 7:23 p.m. and noted that each speaker is permitted a
• total of three (3) minutes to speak.
Mark Flores, Mark Daniel Flores Music Foundation, announced a reminder of an event coming up on
Sunday, noting that the event is a Comedy-Rock genre; announced that the Foundation has also just
launched its own website, the MDFMF.Com website; invited everyone to check it out.
The following members of the community commented on the positive impact that the boxing program
has had on their lives and asked that Council not cut back on the program; requested that it be
reinstated to a full 5 or 6 day program: Julian; Victor; Alondra; Maria Lozano; Martina Aguilar; Lisa
Talenera; Luis Resio; Andy Martinez; Rolando Sosentes; Yvette Rosalas; Oscar Murro; Larry Barro;
Maya Vargas; Ricardo Garcia; Yman Busso; Sasaro Salas; Brenden Warsa; Russo Salas; Robert
Gutierrez; Gordon Allen and Paul Cook.
Mayor Lozano expressed great appreciation for all the citizens who appeared this evening to
speak in support for the boxing program and assured them that the days will not be cut; directed
Parks Director Manuel Carrillo to bring a report back to Council.
Councilmember Garcia questions Mayor Lozano's commitment in this case, noting that it should
be a Council decision and one that she does not support; noted that it is an expensive program
and all programs should be looked at before committing to anything.
Director Carrillo noted that there would be no increase to the budget as the hours of the program
will be adjusted to accommodate the 4th day without appropriation of additional funds.
Councilmember Rubio noted that speaking before a group of people can be difficult and she
expressed her appreciation for everyone's input during Public Communications.
• Councilmember Pacheco expressed appreciation to Mr. Cook and those that appeared this
evening, pointing out that the boxing program has been a very beneficial program.
Mayor Pro Tem Garcia commented on the feedback from the community but also noted that the
budget must be looked at as a whole before any decisions are made; acknowledged the benefits
of the program and hope that all programs are funded.
Raul Reyes, Baldwin Park resident, announced that the proponents representing Baldwin Park
Citizens United filed a Notice of Intent to File a Petition to submit a referendum which would allow the
citizens of Baldwin Park to vote for or against supporting the Baldwin Park Police Department;
provided a summary of the petition and voiced hope that Council would make the right decision and
support the police department.
Javier Hernandez, representing "Bikes San Gabriel Valley," passed out flyers to notice the community
of its plan to promote city-wide bike trails; noted that Kaiser-Permenente has sponsored an event, the
"Bike Train,"which will focus on the benefits of healthy living; stated that biking events will be held the I
last Sunday of each month an encouraged everyone to participate.
Bob Bimble, reprehensive of Baldwin Park Historical Museum, announced that the Historical Society
will be hosting a fund-raising event on June 26, 2013, and noted that it will be a "Cowboy B-B-Q"
theme; invited everyone to attend.
Art Luna, Baldwin Park resident, questions Item No. 4, Treasurer's Report, on this evening's agenda;
opined that funding information for construction projects are not being provided and he feels there
should be more financial transparency; pointed out that the descriptions on agendas are too vague
1 111, and inaccurate; expressed support for the Baldwin Park Police Department; objected to the limit of 3
minutes per speaker.
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Gustavo Huizar, introduced himself as candidate for the Planning Commission; summarized he
education and experience, and expressed an eagerness to help shape the community.
• Thomas Kern,i former Baldwin Park resident, opined that the City is bankrupt and needs to finds ways
to reduce spending to get back on track; suggested that Council forgo stipends in order to increase
available funds for programs that serve the community; suggested that volunteers be assigned to
assist in those programs that are in threat of being discontinued in order to reduce spending.
Edith Flores, Baldwin Park resident, noted that she is an applicant to the Planning Commission;
provided some background about herself and her qualifications; expressed strong desire to improve
the community by serving on the Planning Commission.
Juan Rios, Baldwin Park resident, commented on the proposed referendum to keep the Baldwin Park
Police Department; noted that there is often an underlying riff amongst councilmembers; expressed
support for the boxing program and the benefit it provide to the youth of the community; opined that
Council should be out in the community to show their support for community programs rather than
just opening ceremonies.
Ken Woods, Baldwin Park resident, expressed objection to Ordinance 1290, stating that it is not
business-friendly and that is discourages new businesses from coming into Baldwin Park.
Alicia Samanien*, Baldwin Park resident, sought assistance from the Mayor regarding a problem at
her home; stated that her grandson was arrested while at her home and was taken away by police;
since that time, police officers continuous drive by her home; stated that she is embarrassed by the
excessive attention; stated that police officers have been harassing visitors, pulling them over unjustly
and asking whether her grandson is in the vehicle; noted that her husband told police that he would
call them immediately if his grandson came back. *[Testimony was in Spanish and was translated by the City
Clerk,Alejandra Avila].
• Unidentified speaker, Baldwin Park resident, commented on the strong support by community
members for the boxing program and suggested that councilmembers put a cap on their paychecks in
order to free up funding for local programs; voiced support for keeping the police department intact
and value it bring so the community.
Greg Tuttle, Baldwin Park business owner, stated that he has been in conversations with many local
business owner and they all support keeping the police department intact; opined that Council is
unfairly taking funds from community programs to pay themselves; voiced objection for Ordinance
1290, pointing out that the services that are being pushed out by this ordinance are the same
services that councilmember use; commented on the proposed downtown projects and the traffic
congestion that would be created.
Seeing no others wishing to speak, Public Communications closed at 8:32 p.m.
Councilmember Garcia commented on one of the speakers who brought up unemployment and
objected to the audience's laughter when the topic was brought up.
Councilmember Pacheco noted that the amusement was based on a joking comment and was
note meant in malice; state that he supports the community filing its initiative and consider how
important it is to the community; suggested that council reconsider the County Sheriffs proposal
and suspend Phase II until after the vote has been presented to the community.
Councilmember Rubio asked the Mayor to reconsider the closing of Public Communications and
allow the last person approaching the podium to speak.
Mayor Lozano commented on the Council's continued support of the Police Department and his
• support for presenting the decision to the citizens of the community; stated that the decisions are
hard to make but the future of the City is the priority from a financial standpoint as well as a
services standpoint; opined that there are underlying campaign tactics.
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Mayor Pro Tern Garcia concurred with the Mayor's comments about putting the decision to the
vote of the people; opined that indeed it is an underlying campaign tactic.
. Councilmember Rubio stated that Chris Robles is her campaign manager and asked that
Councilmember Garcia and Mayor Pro Tem Garcia quit stated that he is.
CONSENT CALENDAR
Councilmember Pacheco requested that Item Nos. 1 through 7 be held for discussion.
1. EAST VALLEY BOYS AND GIRLS CLUB-LICENSE AGREEMENT RENEWAL
Staff recommends City Council approve the license agreement with the East Valley Boys and
Girls Club and authorize the Mayor to complete and process the necessary documents.
A motion was made by Pacheco, seconded by Lozano, and carried (5—0) to approve the
license agreement with the East Valley Boys and Girls Club and authorize the Mayor to
complete and process the necessary documents.
AYES: Lozano, Garcia, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
2. PURCHASE OF CELLEBRITE CELLULAR PHONE EXAMINER, UPDATED
CORRESPONDING SOFTWARE TECHNOLOGY,AND TRAINING FOR THE DEVICE
Staff recommends that the City Council:
1) Waive the formal bidding process pursuant to §34.23C of the Baldwin Park Municipal Code
for the purchase of a Cellebrite UFED Touch Ultimate Forensic Device to include one year of
licensing for both Logical and Physical updated software, and training to one detective on the
• operation of the device;
2) Direct the Chief of Police to work in conjunction with the Finance Director to complete a
budget appropriation for the amount not to exceed $11,233.00 from account 205-30-360-
58110-00000-2 for restricted purchase of the new Cellebrite UFED Touch Ultimate Device,
updated software, and training
3) Authorize the Chief of Police, or her designee, to complete all appropriate documentation to
complete the purchases.
Councilmember Rubio noted for the record that the funding for this purchase will be
provided by Asset Forfeiture funding and will not impact the General Fund.
A motion was made by Lozano, seconded by Rubio, and carried (5—0)to:
1) Waive the formal bidding process pursuant to§34.23C of the Baldwin Park Municipal
Code for the purchase of a Cellebrite UFED Touch Ultimate Forensic Device to
include one year of licensing for both Logical and Physical updated software, and
training to one detective on the operation of the device;
2) Direct the Chief of Police to work in conjunction with the Finance Director to complete
a budget appropriation for the amount not to exceed $11,233.00 from account 205-
30-360-58110-00000-2 for restricted purchase of the new Cellebrite UFED Touch
Ultimate Device, updated software, and training
3) Authorize the Chief of Police, or her designee, to complete all appropriate
documentation to complete the purchases.
AYES: Lozano, Garcia, Garcia, Rubio, Pacheco
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NOES: None.
ABSENT: None.
• ABSTAIN: None.
3. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands
Councilmember Pacheco expressed objection, however, absent of any explanation.
A motion was made by Lozano, seconded by Rubio, and carried (4 — 1) to ratify the
attached Warrants and Demands
AYES: Lozano, Garcia, Garcia, Rubio
NOES: Pacheco.
ABSENT: None.
ABSTAIN: None.
4. TREASURER'S REPORT: APRIL 2013
Staff recommends that the City Council receive and file the April 2013 Treasurer's Report.
Councilmember Pacheco expressed objection to this item opining that the report is
inaccurate.
A motion was made by Lozano, seconded by Garcia, and carried (4 — 1) to receive and
file the April 2013 Treasurer's Report.
AYES: Lozano, Garcia, Garcia, Rubio
NOES: Pacheco
• ABSENT: None.
ABSTAIN: None.
5. CONSIDERATION TO CANCEL THE LEGISLATIVE BODY MEETING OF JULY 3, 2013
Staff recommends that Council cancel the July 3, 2013 meeting and direct the City Clerk to post
the appropriate notices of cancellation.
Councilmember Garcia requested that notice be given to the POA to prevent confusion.
A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to authorize
cancellation of the July 3, 2013 meeting and direct the City Clerk to post the appropriate
notices of cancellation.
AYES: Lozano, Garcia, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
6. SECOND READING -AMENDMENT TO SECTIONS 39.01, 39.02 AND 39.03 OF THE
BALDWIN PARK MUNICIPAL CODE RELATING TO DECORUM AT CITY COUNCIL
MEETINGS
Staff and the City Attorney's Office recommends the City Council introduce by second reading by
title only Ordinance No. 1358, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK AMENDING SECTIONS 39.01, 39.02 AND 39.03 OF THE BALDWIN PARK
MUNICIPAL CODE RELATING TO DECORUM AT CITY COUNCIL MEETINGS."
• Councilmember Pacheco expressed objection to this item and suggested that a City
Policy be developed which would define decorum for Councilmember during City Council
meetings.
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A motion was made by Lozano, seconded by Garcia, and carried (4 — 1) to conduct a
second reading by title only and then approve and adopt Ordinance No. 1358, "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING
• SECTIONS 39.01, 39.02 AND 39.03 OF THE BALDWIN PARK MUNICIPAL CODE
RELATING TO DECORUM AT CITY COUNCIL MEETINGS.
AYES: Lozano, Garcia, Garcia, Rubio
NOES: Pacheco
ABSENT: None.
ABSTAIN: None.
Following approval, Councilmember Garcia stated that the Ordinance is written to apply
to Councilmembers as well as members of the public.
Councilmember Pacheco noted to the contrary that, at a previous meeting of Council, the
City Attorney opined that the Ordinance does not apply to Councilmembers.
7. ADOPTION OF RESOLUTION NO. 2013-019 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK ADOPTING SAFE HARBORS UNDER THE PATIENT
PROTECTION AND AFFORDABLE CARE ACT(ACA).
PRO ( )
Staff recommends that the City Council approve and adopt Resolution No. 2013-019 a resolution
of the City Council of the City of Baldwin Park adopting Safe Harbors under the Patient Protection
And Affordable Care Act(ACA).
A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to approve
and adopt Resolution No. 2013-019 a resolution of the City Council of the City of Baldwin
Park adopting Safe Harbors under the Patient Protection And Affordable Care Act (ACA).
. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
REPORT OF OFFICERS
8. CONTINUED FROM JUNE 5, 2013 -CONSIDERATION OF APPOINTMENTS AND/OR
REAPPOINTMENTS TO FILL VACANCIES FOR THE HOUSING COMMISSION
Staff recommends City Council to review all Commission applications, take nominations and
adopt Resolution No. 2013-013 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK APPOINTING INDIVIDUALS TO THE HOUSING COMMISSION OF
THE CITY OF BALDWIN PARK TO OFFICE NOS. 1, 2, 3, 4, 5, & 6," subject to satisfactory
backgrounds checks through the Department of Justice, as follows:
Office No Name Expiration of Terms
1 June 30, 2014
2
3 June 30, 2015
4
5
6-Tenant June 30, 2016
7-Tenant(age 62+ yrs.) PENDING APPLICATIONS
A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to re-advertise
and accept additional applications, and bring back for Council consideration at a future
meeting.
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9. ADOPTION OF RESOLUTION 2013-017,AUTHORIZING PARTICIPATION IN THE
DEVELOPMENT OF A REGIONAL BICYCLE PLAN
• Staff recommends that City Council appoint Council Member to serve on a Blue Ribbon
Committee and adopt the Resolution to participate in the HEAL Bike Plan project.
A motion was made by Pacheco to nominate himself, Councilmember Pacheco, as
representative to serve on the Blue Ribbon Committee. This motion was seconded
by Councilmember Rubio.
Councilmember Garcia objected to the motion so Mayor Lozano directed the City
Clerk to take the vote by roll call. This motion died with a vote of(2 -3).
AYES: Rubio, Pacheco
NOES: Lozano, Garcia, Garcia
ABSENT: None.
ABSTAIN: None.
A motion was made by Garcia to nominate herself, Councilmember Marlen Garcia, as
representative to serve on the Blue Ribbon Committee. This motion was seconded by
Mayor Lozano.
Councilmember Pacheco voiced objection to the motion so Mayor Lozano directed the
City Clerk to take the vote by roll call. This motion passed with a vote of(3—2).
AYES: Lozano, Garcia, Garcia
NOES: Rubio, Pacheco
ABSENT: None.
ABSTAIN: None.
A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to adopt
Resolution No. 2013-017, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CHIEF EXECUTIVE
•
OFFICER, OR DESIGNEE, TO WORK ON THE SAN GABRIEL VALLEY REGIONAL
BICYCLE MASTER PLAN FUNDED BY THE LOS ANGELES COUNTY DEPARTMENT
OF PUBLIC "HEAL" GRANT."
AYES: Lozano, Garcia, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None
10. REVIEW OF PLANNING COMMISSION APPLICANTS AND CONSIDERATION OF
APPOINTMENTS AND/OR REAPPOINTMENTS TO FILL THE JUNE 2012 SCHEDULED
VACANCIES
Staff recommends City Council to review all Commission applications, take nominations and
adopt Resolution No. 2013-018 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK APPOINTING INDIVIDUALS TO THE PLANNING COMMISSION OF
THE CITY OF BALDWIN PARK TO OFFICE NUMBER 3, 4, & 5.
Councilmember Garcia elected Edith Flores; Mayor Lozano to re-elected Natalie Ybarra
and requested that the third seat be re-advertised to generate more applicants.
A motion was made by Garcia, seconded by Lozano, and carried (5—0) to appoint Edith
Flores and Natalie Ybarra to the Planning Commission and re-advertise to generate
additional applicants for the third available seat on the Commission.
AYES: Lozano, Garcia, Garcia, Rubio, Pacheco
NOES: None.
• ABSENT: None.
ABSTAIN: None
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11. CONSIDERATION OF AN AFFORDABLE HOUSING AGREEMENT WITH ROEM
DEVELOPMENT CORPORATION FOR A PROPOSED TRANSIT-ORIENTED MIXED-USE
DEVELOPMENT PROJECT BETWEEN RAMONA BLVD AND THE BALDWIN PARK CIVIC
•
CENTER.
Staff is recommending the City Council and Successor Agency approves the proposed Affordable
Housing Agreement with ROEM Development Corporation and authorize the Mayor to execute
the Agreement after final review by the City Attorney.
A motion was made by Pacheco, seconded by Lozano, and carried (5—0)to approve the
proposed Affordable Housing Agreement with ROEM Development Corporation and
authorize the Mayor to execute the Agreement after final review by the City Attorney.
AYES: Lozano, Garcia, Garcia, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE COMMUNITY DEVELOPMENT
COMMISSION
CONSENT CALENDAR
1. CONSIDERATION OF AN AFFORDABLE HOUSING AGREEMENT WITH ROEM
DEVELOPMENT CORPORATION FOR A PROPOSED TRANSIT-ORIENTED MIXED-USE
DEVELOPMENT PROJECT BETWEEN RAMONA BLVD AND THE BALDWIN PARK CIVIC
CENTER.
Staff is recommending the City Council and Successor Agency approves the proposed Affordable
• Housing Agreement with ROEM Development Corporation and authorize the Mayor to execute
the Agreement after final review by the City Attorney. Please reference item#11 on City Council.
A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to approves
the proposed Affordable Housing Agreement with ROEM Development Corporation and
authorize the Mayor to execute the Agreement after final review by the City Attorney.
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 & direction to staff on the following:
• Send letter of support to our Senators urging them to Pass Bipartisan Comprehensive
Immigration Reform Proposal. (Action Alert attached).
Councilmember Pacheco voiced his concern regarding immigration reform and sought
support for sending a letter to California State Senators urging them to pass the
legislative bill pertaining to Bipartisan Comprehensive Immigration Reform Proposal; staff
was directed to prepare the letter for signature.
•
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ADJOURNMENT
• There being no other business to discuss, a motion was made by Lozano, seconded by Garcia, to
adjourn the meeting at 9:37 p.m.
Mayor
ATTES is ?I" if#
/ Manuel • -n , ayo
/L.4
A lejandr• Avila, City lerk
APPROVED: 7//S /7
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