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HomeMy WebLinkAbout2012 10 03 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING OCTOBER 3, 2012, 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 Councilmember Pacheco. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL Council Member Marlen Garcia Council Member Ricardo Pacheco Council Member Monica Garcia Mayor Pro Tem Susan Rubio Mayor Manuel Lozano ANNOUNCEMENTS Councilmember Pacheco asked that Council keep in their prayers Don Reynosa and his family, long-time Baldwin Park residents as he was recently diagnosed with cancer. Mayor Lozano asked that the Council meeting be closed in memory of Nelson Lake, brother of Valley County Water Authority Director Marianna Lake, and that deepest condolences be extended to the family. Councilmember Monica Garcia requested that this meeting be closed in memory of Jose Rodriguez, a long-time resident of Baldwin Park, and extended condolences to his family. Councilmember Marlen Garcia asked that the Council meeting be closed in memory of Barbara Burrola wife of former Irwindale Councilmember Larry Burrola, and former instructor with Baldwin Park Unified School District; extended condolences to the family and friends. Mayor Pro Tern Rubio commended participants of the recent "Relay for Life" Cancer Awareness event and encourage everyone to come out at next year's event; also expressed appreciation for the woman who hosted the vigil walk for the Gold Star Mothers recognizing those mothers who lost loved ones in war. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS None. • City Council Regular Meeting Minutes 10/3/12 PUBLIC COMMUNICATIONS • Mayor Lozano announced Public Communications as open at 7:09 p.m. and announced that speakers are allowed three (3) minutes for each speaker. Pat and Norm Klemz, with League of Women Voters, provided information and announced that the Los Angeles County Registrar of Voters is seeking Poll Workers; stated that there is a poll worker shortage and encouraged citizens to apply; stated that poll workers are paid and receive full training; provided location and schedule on which the League would be providing an overview of ballot measures at no cost. Nosandro Roaz, Resident of Baldwin Park, expressed concern because she read that the City plans to disband the Baldwin Park Police Department and have the County Sheriff's Department provide law enforcement services; pointed out that the community objects to having the Sheriff take over; also expressed distress about problems at checkpoints (DUI checkpoints) because searching are being conducting in violation of policy; stated that she and others in the community with to work with the police department to make Baldwin Park a better place for everyone. [Translation from Spanish by City Clerk] Unidentified Speaker, stated that many of the problems with the police department are policy related, not because of individual officers; pointed out that the community wants to keep the police department but that staff needs to adhere to policy; opined that having the Sheriff in the community would be worse than having checkpoints; requested that Council keep the police department, keep things honest and do not bring the Sheriff in. Abel Ramos, Baldwin Park resident, stated that she, along with her family, object to bringing in the Sheriff. Juan Rios, Baldwin Park resident, opined that the issue of whether to disband the police department and bring in the Sheriff is more of a retaliatory act and is politically driven. Anna Tafova, representing BP Rack, expressed support, on behalf of the community, for Ordinance No. 1352 because the residents feel there is a lot of trash in the fast food areas. Christina Cardenas, Center for Public Health Advocacy, announced a new program that is being launched called "Kids on the Move;" also expressed support for Resolution No. 1352 and the addressing of trash in the fast food and drive-thru areas. Unidentified Speaker representing the California Mental Health Connection announced that the group is partnering with Home Depot to host an upcoming event at which children will have a chance to play and do crafts. Unidentified Speaker, asked that the City keep the Baldwin Park Police Department and objects to having the Sheriff's Department come in because they are not part of the community. Marilevna Arenas, Facility Service Manager for Starbucks Coffee, spoke regarding a newly remodeled store at La Puente and 1-10; noted that Starbucks takes great pride in keeping the grounds around their stores clean and well kept; stated that Starbucks has attempted to work with the property owner to work on the landscape around all of their stores; pointed out that Starbucks holds a very high standards as to maintaining the exterior as well as the interior of their stores; offered that there are other options as opposed to modifying the municipal code. Page 2 of 10 City Council Regular Meeting Minutes 10/3/12 Bessie Polites, Quality Assurance Director for Starbucks Coffee, stated that she has made • several efforts to provide data to the City but staff was not available to review the materials; asked what data the City had collected and what research had been done by staff that would lead to the passing an ordinance when California Health Code already regulates trash receptacles and other areas of concern; requested that Council reconsider the municipal code change and look at alternatives. Ken Woods, Baldwin Park resident and business owner, expressed objection to Ordinance No. 1352 and asked Council to reject the request. Mario Maciel, Baldwin Park resident, extended a request on behalf of himself and all of the community to reject the proposal of bringing in the County Sheriff to provide law enforcement services; asked that Council find other solutions to address the budget shortfall and not eliminate the police department; pointed out that it would only create problems. Cruz Baca, Baldwin Park resident, spoke as one of the many citizens of Baldwin Park; opined that it is easy to blame others for the budget problems and that the community wants accountability; stated that everyone wants the police department to stay; pointed out that the City had borrowed money from the Asset Forfeiture account and funds have not been repaid; expressed disappointment that the City's budget and internal structure has fallen apart and there is no accountability. Miguel Weslin, Baldwin Park resident, spoke in support of keeping the Baldwin Park Police Department and stated that the local police department does a good job; asked why Council wants to get rid of the police department; pointed out that the Sheriff's Department is fine in areas that need them but that the local department much more efficient and community • oriented. Rafael Gonzalez, Baldwin Park Librarian, announced upcoming events being hosted by the library; extended an invitation to everyone in the community to come a library book sale on October 20—24; announced a Book Mark Contest for elementary school students; announced that the library will host a events to celebrate Hispanic Heritage Month. Estaransa Cardenas, Baldwin Park resident, stated that she had spoken at the previous meeting before Council and was told that someone from the City would contact her; stated that no one has contacted her and she wants to know why; stated that her son was sexually abused and no one has done anything; said that her son was arrested and has been transferred to County Jail, has asked for assistance and is not getting any response. Councilmember Rubio asked that the allegations be investigated and reported back to Council so that the public knows that the allegations are false. Chief Hadsell stated that she has asked for details from Ms. Cardenas so that an investigation can be conducted but Ms. Cardenas has refused; noted that her son is an adult and must file a report himself. • Mary Ferrer, spoke on the matter of changing local law enforcement from the City police department to the County Sheriffs; expressed disappointment in those people who spoke out about the issue (as part of the group"The Voice") and that many have already left the meeting without staying to hear full discussion on the topic; stated that she believes that information is • being withheld of not clearly communicated to those who do not speak English; feels that the community needs to unite. Page 3 of 10 City Council Regular Meeting Minutes 10/3/12 There being no additional speakers, Mayor Lozano closed public communications at 7:51 p.m. III Mayor Lozano opined that "La Vos" ("The Voice") has been propagandizing the issue and asserted that those responsible should be shameful of their conduct; said that scare tactics are being used to get immigrants to speak out yet they are not fully informed on the issues; requested that Chief Hadsell provide a recap of her experience at the 'public forum' meeting hosted by "The Voice." Chief Hadsell was in attendance at the public forum but was not allowed to speak; stated that the group had represented three points that were wholly false and when she attempted to speak out to correct the falsities, she was prohibited from speaking. CONSENT CALENDAR Councilmembers pulled Item Nos. 5, 6 and 7. 1. CLAIM REJECTION Staff recommends City Council reject the claim of Antonio Herrera and direct staff to send the appropriate notice of rejection to claimant. 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. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands. Motion was made by Mayor 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. 3. TREASURER'S REPORT: AUGUST 2012 Staff recommends the City Council receive and file the Treasurer's Report for August 2012. Motion was made by Lozano, seconded by Garcia, carried (5-0) to receive and file the Treasurer's Report for August 2012. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 11/ 4. ADDITION OF CHAPTER 126 TO THE BALDWIN PARK MUNICIPAL CODE ESTABLISHING NEW REGULATIONS REQUIRING REFUSE RECEPTACLES AT THE Page 4 of 10 City Council Regular Meeting Minutes 10/3/12 TERMINUS OF DRIVE-THROUGH EATING FACILITIES. Staff recommends City Council introduce by first reading by title only Ordinance 1352, "AN l ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 126 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO TRASH RECEPTACLES AT DRIVE-THROUGH EATING FACILITIES (APPLICANT: CITY OF BALDWIN PARK)." Motion was made by Lozano, seconded by Garcia, carried (5-0) to introduce by first reading by title only Ordinance 1352, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 126 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO TRASH RECEPTACLES AT DRIVE-THROUGH EATING FACILITIES (APPLICANT: CITY OF BALDWIN PARK)." AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 5. TASTY THURSDAY'S WEEKLY FUNDRAISER FOLLOW UP REPORT Staff recommends City Council receive and file the report. Mayor Pro Tem Rubio asked that Director Manuel Carrillo provide clarification as to compliance with licensing requirements and to respond to questions that were brought up at a previously meeting. Director Carrillo stated that documents attached to the staff report presented at the previous meeting were, in fact, from a previous year and that corrected information and documentation has been provided. Motion was made by Lozano, seconded by Rubio, carried (5-0) to receive and file the report AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. AUTHORIZE THE CONSTRUCTION OF DEDUCTIVE ALTERNATE ITEMS NO. 1 AND 13, AND PAYMENT OF MTA FUNDS MANAGEMENT COSTS FOR THE CITY OF BALDWIN PARK TRANSIT CENTER PROJECT Staff recommends that the City Council: (1.) Approve a contract amendment with PCL Construction Services Inc. for construction of Deductive Alternate No. 1 at a cost of $275,000; and (2.) Approve a contract amendment with PCL Construction Services Inc. for construction of Deductive Alternate No. 13 at a cost of $51,267; (3.) Authorize increasing contingency funds by an additional $107,422 for a total available amount of $150,000; (4.) Authorize the Mayor to execute a contract amendment after a review by the City attorney and after it has been executed by the contractor; (5.) Authorize the Finance Director to • appropriate $200,000 from Park Land Fee fund; (6.) Authorize the Finance Director to appropriate an additional $317,096 from Prop C funds; (6.) Direct the Chief Executive Page 5 of 10 City Council Regular Meeting Minutes 10/3/12 Officer or his designee to seek necessary approvals and complete paperwork to use these funds. Mayor Pro Tem Rubio expressed concern regarding some of the fund amounts presented for consideration; stated that the line item costs presented do not add up to the total amount requested for approval of $517,096, resulting in an $83,407 difference; requested that Chief Executive Officer Singhal provide clarification. CEO Singhal explained that the additional amount is a fee that MTA charges the City to administer the grant Councilmember Pacheco requested that the staff report be corrected and the correction be read into the record to insure that the amount approved is fully disclosed. Motion was made by Pacheco, seconded by Lozano, carried (5-0) to (1.) Approve a contract amendment with PCL Construction Services Inc. for construction of Deductive Alternate No. 1 at a cost of $275,000; and (2.) Approve a contract amendment with PCL Construction Services Inc. for construction of Deductive Alternate No. 13 at a cost of $51,267; (3.) Authorize increasing contingency funds by an additional $107,422 for a total available amount of $150,000; (4.) Authorize the Mayor to execute a contract amendment after a review by the City attorney and after it has been executed by the contractor; (5.) Authorize the Finance Director to appropriate $200,000 from Park Land Fee fund; (6.) Authorize the Finance Director to appropriate an additional $317,096 from Prop C funds; (7.) Direct the Chief Executive Officer or his designee to seek necessary approvals and complete paperwork to use these funds; and approve the amount of $83,407 as part of the appropriations to be paid to the MTA for grant fund administration. . AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. ADOPTION OF RESOLUTION NO. 2012-037 APPROVAL TO APPLY FOR GRANT FUNDS FROM THE LAND AND WATER CONSERVATION FUND FOR THE BARNES PARK FITNESS ZONE Staff Recommends the City Council: 1) Waive further reading, read by title only and adopt Resolution No. 2012-037 entitled "RESOLUTION OF THE CITY OF BALDWIN PARK APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUND BARNES PARK FITNESS ZONE"; and 2)Authorize the Director of Recreation & Community Services to execute any further documents. Motion was made by Lozano, seconded by Rubio, carried (5-0) to 1) Waive further reading, read by title only and adopt Resolution No. 2012-037 entitled "RESOLUTION OF THE CITY OF BALDWIN PARK APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUND BARNES PARK FITNESS ZONE"; and 2) Authorize the Director of Recreation & Community Services to execute any further documents. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. • ABSTAIN: None. Page 6 of 10 City Council Regular Meeting Minutes 10/3/12 REPORTS OF OFFICERS • 8. RESALE OF NEIGHBORHOOD STABILIZATION PROGRAM (NSP) PROPERTY LOCATED AT 4009 PUENTE AVENUE, BALDWIN PARK, CALIFORNIA Staff recommends the City Council 1) approve the household selected and qualified to purchase the NSP property, and 2) authorize staff to process the purchase agreement as prepared by the City Attorney for the Neighborhood Stabilization Program (NSP) property located at 4009 Puente Avenue. Housing Manager Suzie Ruelas narrated a PowerPoint presentation to illustrate the purpose of the program and the parameters in which sale of the property will be considered; Ms. Ruelas introduce the party purchasing the property, Ms. Edith Vasquez, a single mother of two children, a City of Baldwin Park employee and Baldwin Park resident. Motion was made by Garcia, seconded by Garcia, carried (5-0) to approve the sale of the property located at 4009 Puente Avenue to Edith Vasquez and direct staff to process the purchase agreement as prepared by the City Attorney. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 9. ANALYSIS OF LOS ANGELES COUNTY SHERIFF'S DEPARTMENT'S MUNICIPAL LAW ENFORCEMENT PROPOSAL FOR BALDWIN PARK POLICE SERVICES (PHASE-1 STUDY) It is recommended the City Council 1) receive the LA County Sheriffs Department's Municipal Law Enforcement Proposal for the City of Baldwin Park police services (Phase I Study); and 2) direct staff to proceed with a Phase II Study or 3) provide other direction at the City Council discretion. Chief Executive Officer Vijay Singhal provided a narrative of the recent budget hearings and other factors that have had impact on the City's costs overall; noted that the City has taken several steps to control spending, including cutting staff and programs, and looking at contracting with the Los Angeles County Sheriff's Department for law enforcement services; explained that consideration of contracting with the Sheriff's Department includes a two-step evaluation process, the first of which has been completed at this point; also explained that Council will consider a companion item, that being the consideration of a Public Safety Tax, which would require introduction of a ballot measure to the community and would require a two-thirds vote of the people to succeed; introduced Tom Lange, Chief of Field Operations— Region 3— Los Angeles County Sheriff's Department, to discuss findings of the first phase of evaluation and to answer questions of Council. Rick Mullen, Contract Law Division, provided an overview of the staff positions and number of staff that would be assigned to Baldwin Park, as well as explaining that some officers that patrol adjacent areas would also be utilizing the Baldwin Park station for reporting; explained that billing under the contract is based on hours of service rather than staff member specific; responded to questions from Council. Page 7 of 10 City Council Regular Meeting Minutes 10/3/12 Councilmember Rubio asked about the possibility that existing Baldwin Park Police staff will be absorbed into the Sheriff's staff, should the contract be approved; noted that there • is no guarantee of employment but that placement would be equitable. Councilmember Pacheco asked about the "enhanced services" that would be included as part of the contract, to which Mr. Mullen explained that the services are available to all cities but that those services may be hindered by response priority (contract cities getting preference); Councilmember Pacheco also inquired about costs associated with gang units, to which the response was that these services are covered in the cost; lastly, Councilmember Pacheco asked about how unlicensed drivers would be handled and what policy is exercised in that respect. Discussion continued regarding the rates associated with the contract and average contract increases on an annual basis; the variables that can affect the annual costs and that the contract value will only change at the beginning of each contract term. Motion on this item appears below Item No. 10 herein. 10.ANALYSIS OF PUBLIC SAFETY TAX OPTIONS Staff recommends that the City Council provide direction regarding the timing, type and amount of the proposed Public Safety Tax. Chief Executive Officer Singhal explained that some programs may not be affected by a change to contract law enforcement services such as Code Enforcement, Parking Enforcement, Crossing Guards and other services. • The presentation continued with a PowerPoint to illustrate the current financial position, current and future obligations, and costs that can vary; comparisons were done if some programs are eliminated and the Sheriffs contract is approved; noted that the start-up costs associated with the contract will be for the first year only. Councilmember Pacheco expressed great concern because budgetary figures that appear in three different reports do not agree; provided a spreadsheet that he developed to reflect what he believes to be the true and correct figures. Discussion ensued as the budgetary figures for Asset Forfeiture, Grants and other sources are in question as to whether there is any savings by pursuing a contract with the County, and whether the figures presented in the staff reports are accurate; concern was expressed about whether certain grants would be lost due to the change. After extensive dialog between Council and the Finance Director; Council expressed concerns and asked that additional clarification be provided for further and more in depth review. Motion was made by Lozano, seconded by Garcia, to 1) receive the LA County Sheriff's Department's Municipal Law Enforcement Proposal for the City of Baldwin Park police services (Phase I Study); and 2) direct staff to proceed with a Phase II Study. 4111 Mayor Pro Tem Rubio and Councilmember Pacheco both voiced objection to the motion. Page 8 of 10 City Council Regular Meeting Minutes 10/3/12 • Mayor Lozano called upon the City Clerk to conduct a Roll Call Vote. Motion was made by Lozano, seconded by Garcia, and carried (3 — 2; Rubio and Pacheco opposed) to 1) receive the LA County Sheriff's Department's Municipal Law Enforcement Proposal for the City of Baldwin Park police services (Phase I Study); and 2) direct staff to proceed with a Phase II Study AYES: Garcia, Garcia, Lozano NOES: Rubio, Pacheco 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: Look into Electronic Filing of FPPC Form 700. Councilmember Pacheco announced that a recent passage of law allows for filing the Fair Political Practice Commission's Form 700 electronically and suggested that Council and staff take advantage of that new feature. Due to a lack of maintenance on city landscape areas and the city not compliant with municipal landscape standards and codes Councilmember Ricardo Pacheco is requesting the Department of Public Works management to prepare and present to the City Council a Comprehensive Landscape Maintenance Program on the last meeting in October 2012. The plan should delineate a task clean-up description, budget, monthly implementation schedule and work crew assignments. Councilmember Pacheco stated that the City needs to be setting the example for residents by maintaining landscaping and other areas throughout the city; noted that there are several areas where plants and trees are not being maintained and the dying vegetation is unsightly; directed staff to take action to address these problems. Request the Police Department provide the City Council a security plan for the Metro Link parking area by the first meeting in November. This request is based on the number of high burglary and theft reports from Metro Link users regarding vehicles and personal property. Councilmember Pacheco stated that there have been several instances of vandalism and theft from vehicles parked in the Metro Link parking garage; directed staff to work with the Police Department to implement a security program that will catch the perpetrators and mitigate future incidents. • Page 9 of 10 City Council Regular Meeting Minutes 10/3/12 ADJOURNMENT 111111 A motion was made by Lozano, seconded by Garcia, and carried (5-0) to adjourn the meeting at 10:40 p.m. Mayor ATTEST: / / � A4 A4i City C erk APPROVED: /2,.l/4 /is 411 • Page 10 of 10