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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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• 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.
•
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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: /
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City C erk
APPROVED: /2,.l/4 /is
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•
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