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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, • 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. Page 2 of 9 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. Page 3 of 9 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 Page 4 of 9 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. Page 5 of 9 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. • Page 6 of 9 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 Page 7 of 9 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. • Page 8 of 9 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 • • Page 9 of 9