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HomeMy WebLinkAbout2016 04 20 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING APRIL 20, 2016, 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 7:10 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 Ricardo Pacheco Council Member Monica Garcia Council Member Susan Rubio Mayor Pro Tern Cruz Baca Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano stated that ANNOUNCEMENTS Councilmember Baca asked that the meeting be closed in memory of Olivia B. James, a long- time resident of Baldwin Park, and that condolences be extended to her family and friends. Councilmember Rubio extended condolences to the family of Ms. Leticia De La Torres-Castillo, who was the victim of a fatal shooting at La Blanquita Tortilleria market. City Treasurer Maria Contreras asked that the meeting be closed in memory of Virgil Sweet, her mother-in-law. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Presentation by Michelle O'Conner of an update on the Puente Hills Landfill Park Master Plan project Michelle O'Conner, Los Angeles County Department of Parks and Recreation, narrated a PowerPoint presentation and provided a brief overview of the County's vision for the Puente Hills Landfill site. Following the presentation, Ms. O'Conner responded to questions from Council. Councilmembers Rubio and Pacheco requested that a Resolution in support of this effort be prepared and brought before Council for approval. • Presentation of a Proclamation recognizing April 29, 2016, as National Arbor Day. Mayor Lozano presented a Proclamation in recognition of National Arbor Day. • Oath of Office for Appointed Planning Commissioners Mario Maciel, Jr., David Muse, Edwin Borques and Kevin Rooney. Mayor Lozano administered the Oath of Office to each of the new Commissioners and thanked them for their commitment. • Introduction by Louix Escobar-Matute, Regional Administrator, East Region, of Baldwin Park Library's new Manager, Christina Lario Los Angeles County Library District's Regional Administrator, Louix Escobar-Matute, introduced the new Library Manager, Christina Lario, who will oversee the County Library's Baldwin Park branch. • Presentation of Certificates of Recognition to McKayla E. Nolazco-Loza, Baldwin Park High School Junior, for her achievements at the State and National levels of Women's Wrestling Mayor Pro Tem Garcia presented Certificates of Recognition to Ms. Nolazco-Loza and commended her coach for helping her achieve this championship. • Presentation of Certificate of Recognition to Louise Duran, for her selection as Assembly member Roger Hernandez' "Baldwin Park Woman of the Year 2016" Because Ms. Duran was not present at the meeting, Council postponed this item until she is able to be present to receive the recognition. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:50 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Al Contreras, Baldwin Park resident, inquired about the number of police officers present at the Council meeting, noting that meetings that he has attended at other municipalities do not have such a great number of law enforcement personnel in attendance; asked whether it is necessary to have so many officers and expressed concern about the cost of having so many officers present. Jacob Dunn, Baldwin Park resident and business owner, spoke on the Ordinance passed regarding medical marijuana and local dispensaries; narrated statistics of illnesses to which traditional medications result in harmful effect on the body and opined that the benefits of medical marijuana on these same illnesses should be considered. Ken Woods, Baldwin Park resident and business owner, commented on behavioral issues recently seen in Council meetings; opined that conduct has been childish and is embarrassing. Thomas Kern, San Bernardino resident, opined that the strong police presence may be a result of the influx of recent restraining orders being filed; noted that Council had recently approved a salary increase and compared the compensation of councilmembers in surrounding cities; expressed that the conduct that resulted in the restraining order(s) was not stalking but was an act of investigative activity meant to keep government officials accountable. Rose Hernandez, Treasurer for the Baldwin Park High School Band Booster Club, extended an invitation to Council to attend the Band Banquet scheduled for April 29, 2016, at the Julia McNeil Senior Center; also invited Council to the Booster Club's "Taco Night" scheduled for May 9, 2016, at the Baldwin Park High School stadium. Page 2 of 10 Greg Tuttle, Baldwin Park business owner, announced that he filed subpoena documents with the court and is having those subpoenas served on Manuel Lozano, Monica Garcia and Ricardo Pacheco, respectively, this evening; stated that witness fees to not apply in this circumstance; commented on the increase in compensation that was recently approved; asserted that he is not and never has been a campaign manager for any candidate; opined that the Farmer's Market was a complete failure; announced himself as a self-identified political activist. Arturo Luna, Baldwin Park resident, asserted that Council is supposed to be working for the citizens of the community and that none are; opined that members should be fired and that funds are being wasted and commented on the City's financial audits. Danny Damien, Baldwin Park resident, commented on Agenda Item No. 8, 4th of July Fireworks, noting that event will be funded by the Business Improvement Tax fund at a cost of $21,000; pointed out that this does not represent all costs associated with the event, such as staff time, law enforcement presence, and other incidentals; opined that the funds should be used for business improvement such as putting lighting in at business areas that need illumination and improvements; noted that he does not object to the July 4th celebration but that the source of funds is inappropriate; demanded an explanation for the dismissal of Community Development Director Marc Castagnola, and the dismissal of all members of the City Commissions. Juan Rios, Baldwin Park resident, stated that his allotted speaking time during Public Communications was violated at the last meeting and he is demanding that he not be interrupted this time; commented on the behavior of councilmembers and of Council's decision to dismiss all members of the City Commissions; commented on the oppression in the election of the Mayor Pro Tern. Veronica Lopez, Baldwin Park resident, made inquiry of Agenda Item No. 7, Hometown Heroes Banners; noted that, according to the staff report, the current program calls for a service member's banner to be removed and given to the family when that service member returns home and/or leaves military service; asked how banners for fallen service members are to be handled such as allowing the banner to remain in memory of the fallen soldier and providing a duplicate of the banner to the family; also inquired about funding for the program, particularly for the maintenance. Unidentified Speaker, spoke out regarding the number of contracts that have recently been approved by Council, opining that there has been an excess of contracts awarded; asked why consultants were hired to bring big retailers into the city while approving a Resolution to boycott a large market; sought a timeline of when the public can expect a response to the questions he has posed at this and previous meetings. Jane Maguire, Baldwin Park resident, commented on recent correspondence she received from the City of Irwindale regarding a proposed Materials Recovery Facility (MRF); noted that the City of Irwindale will be having a meeting on April 27, 2016, and asked that Council attend this meeting in order to voice objection to the proposed location for the MRF; asked that the meeting notice be posted prominently. Seeing no others wishing to speak, Public Communications closed at 8:30 p.m. Mayor Lozano began by announcing that Council will be present at the meeting and that the City adamantly opposed the MRF; the City will be responding vigorously. Councilmember Baca noted that she has spoken with many citizens and community leaders regarding the MRF and she will do her part in objecting to the project. Page 3 of 10 Mayor Lozano responded to one of the comments regarding police presence at the meeting and the seven officers in attendance, noting that these officers are present because there is an item on the agenda that is of particular interest to the Baldwin Park Police Department under Public Hearings. Mayor Lozano also responded to the comments pertaining to the Ordinance prohibiting marijuana dispensaries in the city and pointed out that the primary purpose of passing the Ordinance was to insure that the City would maintain discretionary control over this matter rather than forfeiting to the State. Councilmember Pacheco responded to the comments of a speaker about City expenditures and the perception that funds are being wasted by naming some of the many projects the City currently has working. Mayor Pro Tern Garcia responded to comments made regarding the Temporary Restraining Order (TRO); read excerpts from a sworn statement filed in relation to a Temporary Restraining Order filed against the same person but by a different petitioning party; opined that the TRO's filed against the individual are not frivolous. Mayor Lozano responded to comments on imposition of additional taxes and the use of business improvement taxes for the July 4th Celebration event; noted that taxes cannot be increased or levied without a vote from the community and that the expenditure of business improvement taxes for the event is permitted by City code and state laws. Mayor Lozano also stated that the banner program is being continued, that banners will be re-hung and will be maintained as promised; asserted that the contingency may not agree with approval of some contracts but all decisions have been above-board and that the City is currently is good financial health. Councilmembers Baca and Rubio asked that it be noted that both members voted no on several consultant contracts. CONSENT CALENDAR Council pulled Item Nos. 7 and 8 from Consent Calendar for further discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Pacheco, seconded by Garcia, and carried (5—0) to ratify the Warrants and Demands Register. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: Lozano. ABSTAIN: None. 2. TREASURER'S REPORT— FEBRUARY 2016 Staff recommends that Council receive and file the Treasurer's Report for the month of February 2016. A motion was made by Pacheco, seconded by Garcia, and carried (5—0)to receive and file the Report. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 4 of 10 3. REJECTION OF CLAIMS Staff recommends that Council reject the following the following claim(s) and direct staff to send appropriate notice of rejection to claimant(s): Hannah Family Trust Claimant alleges Pavement Recycling Systems, a subcontractor to Sully-Miller Contracting Co., hit a Verizon line and pulled the electrical panel out the of the wall. A motion was made by Pacheco, seconded by Garcia, and carried (5—0) to reject the claim and direct staff to proceed with notification. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. AUTHORIZE THE PURCHASE OF VEHICLES AND EQUIPMENT FOR THE PUBLIC WORKS DEPARTMENT Staff recommends that Council: 1. Approve the purchase of two (2) 2016 GMC Sierra 2500 CD Crew Cab trucks and two (2) 2016 GMC Sierra 2500 Double Cab with Utility Body trucks, from Reynolds Buick GMC Isuzu, in the amounts of $38,774.60 and $39,271.64 each, respectively; and 2. Approve the purchase of a 2016 Vermeer BC1000XL 74-12" Brush Chipper from Vermeer Corporation in the amount of$39,681.45; and 3. Authorize the Director of Public Works or his designee to sign any necessary documents to execute these purchases. A motion was made by Pacheco, seconded by Garcia, and carried (5—0)to: 1. Approve the purchase of two (2) 2016 GMC Sierra 2500 CD Crew Cab trucks and two (2) 2016 GMC Sierra 2500 Double Cab with Utility Body trucks, from Reynolds Buick GMC Isuzu, in the amounts of $38,774.60 and $39,271.64 each, respectively; and 2. Approve the purchase of a 2016 Vermeer BC1000XL 74-12" Brush Chipper from Vermeer Corporation in the amount of$39,681.45; and 3. Authorize the Director of Public Works or his designee to sign any necessary documents to execute these purchases. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 5. ACCEPT AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR CITY PROJECT NO. 2015-0106, WALNUT CREEK NATURE PARK IMPROVEMENTS, PHASE I Staff recommends that Council: 1. Accept the construction improvements by Principles Contracting, Inc., and authorize the recordation of a Notice of Completion (NOC) with the Los Angeles County Recorder's Office; and 2. Authorize payment of $20,908.05 (5%) construction retention funds to Principles Page 5 of 10 Contracting, Inc., upon expiration of the 35-day lien period. A motion was made by Pacheco, seconded by Garcia, and carried (5—0) to: 1. Accept the construction improvements by Principles Contracting, Inc., and authorize the recordation of a Notice of Completion (NOC) with the Los Angeles County Recorder's Office; and 2. Authorize payment of $20,908.05 (5%) construction retention funds to Principles Contracting, Inc., upon expiration of the 35-day lien period. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. HOUSING ELEMENT PROGRESS REPORT 2015 Staff recommends that Council receive and file the report. A motion was made by Pacheco, seconded by Garcia, and carried (5—0) to receive and file the report. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. CONSIDERATION OF EXTENSION OF THE HOMETOWN HEROS MILITARY BANNER RECOGNITION PROGRAM Staff recommends that Council: 1. Direct staff to continue to accept applications, proceed with posting of banners for those service members who are in the service and, at the end of their service, remove and present the banners to them; and 2. Appropriate funding in the amount of $8,000 from the BID fund, subject to a public hearing. Councilmember Rubio asked that Director Carrillo provide some clarification on the program, how to apply for a service member banner, and how to qualify for a banner. Councilmember Baca requested that American flags be flown A motion was made by Rubio, seconded by Lozano, and carried (5—0)to direct staff to continue to accept applications, proceed with posting of banners for those service members who are on active duty in the military service and, at the end of their service, remove and present the banners to them; and appropriate funding in the amount of$8,000 from the BID fund, subject to a public hearing AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 6 of 10 8. AWARD OF CONTRACT FOR 4TH OF JULY PYROTECHNICS SHOW TO PYRO SPECTACULARS, INC. Staff recommends that Council: 1. Award the contract for professional pyrotechnical services to Pyro Spectaculars, Inc.; and 2. Authorize the Director of Recreation and Community Services to execute the contract with Pyro Spectaculars, Inc. Councilmember Rubio asked that Director Carrillo seek sponsors for the July 4th Celebration event to try to offset some of the associated costs. A motion was made by Rubio, seconded by Lozano, and carried (5—0)to approve the award of the contract for professional pyrotechnical services to Pyro Spectaculars, Inc., and authorize the Director of Recreation and Community Services to execute the contract with Pyro Spectaculars, Inc. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 9. PROGRESS REPORT OF PERFORMANCE OF CITY-WIDE JANITORIAL SERVICES BY CALIFORNIA CLEANING MAINTENANCE Staff recommends that Council: 1. Receive and file the performance report; and 2. Authorize staff to exercise the first of four one-year renewals as provided in Section 4 of the existing contract. A motion was made by Pacheco, seconded by Garcia, and carried (5—0) to AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. PUBLIC HEARING 10. CONDUCT A PUBLIC HEARING TO CONSIDER AND INTRODUCE AN ORDINANCE OF THE CITY OF BALDWIN PARK TO SET FORTH THE IMPLEMENTATION OF DEVELOPMENTAL IMPACT FEES FOR LAW ENFORCEMENT FACILITIES, VEHICLES AND EQUIPMENT Staff recommends that Council: 1. Conduct a public hearing and receive testimony and, following the public hearing, consider the Law Enforcement Facilities, Vehicles and Equipment Development Impact Fee Calculation and Nexus Report, dated December 30, 2015, completed by Revenue and Cost Specialists, LLC; and 2. Adopt Resolution No. 2016-114, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING FEES FOR LAW ENFORCEMENT FACILITIES, VEHICLES AND EQUIPMENT INFRASTRUCTURE THROUGHOUT THE CITY;" and 3. Waive the First Reading and adopt by title only, the Ordinance No. 1386, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK Page 7of10 ENABLING THE CITY COUNCIL TO SET FEES RELATING TO THE NEW DEVELOPMENT IMPACT FEES FOR LAW ENFORCEMENT FACILITIES, VEHICLES, AND EQUIPMENT." Chief Executive Officer Shannon Yauchzee provided a brief summary of the purpose of this item, noting that this is in response to Council's direction to bring City revenue sources into alignment with projected costs based on the fee study performed; explained that fees expenditures will be restricted to vehicle, equipment and infrastructure improvements. Mayor Lozano opened the Public Hearing at 8:47 p.m. and invited those wishing to speak in opposition to this item to come forward and be heard. Al Contreras, Baldwin Park resident, asked for clarification as to which fund current fees are being placed in and how those existing fees are being used, in contrast to this new proposal. Mr. Yauchzee responded to Mr. Contreras' question by explaining the City's current fee structure and how this fee schedule would be different. Diondra Valencia, representing the Building Industry Association of Southern California, stated that the Association does not oppose the fee but expressed concern that the increase in fees will have a negative impact on the home construction industry in a time when there is a housing shortage, noting that the fees will trickle down to home buyers and will drive the costs. Arturo Luna, Baldwin Park resident, opined that this is study was already done and that it is a waste of money to do it again; stated that the City is wasteful with its spending; suggested that the City needs to be run like a business. Greg Tuttle, Baldwin Park business owner, expressed concern regarding the management of the funds that would be realized by this fee; opined that the purpose is to create a "slush fund" to hide money and misuse it; stated that the City discourages new businesses and developers from coming to the City because the fees are already higher than surrounding cities. Thomas Kerri, San Bernardino resident, opined that funds already exist and that perhaps the increase in fees is to cover the cost of litigation that has been taken on recently; stated that existing businesses will be driven out of the city in addition to discouraging new business development. Subsequently, Mayor Lozano invited those wishing to speak in support of this item to come forward and be heard. Seeing no others wishing to speak, Mayor Lozano closed the Public Hearing at 9:02 p.m. Councilmember expressed that fees collected through this means should be closely monitored and restricted to a very specific criteria for expenditures; noted that a comprehensive fee study of city-wide operations and services is currently under way and that would be reasonable to wait for the results of the study to gain a "big picture" view of how this Ordinance fits in with other possible fee adjustments that may come about as a result of the study. A motion was made by Rubio, seconded by Baca, and carried (5—0)to: Page 8 of 10 1. Adopt Resolution No. 2016-114, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING FEES FOR LAW ENFORCEMENT FACILITIES, VEHICLES AND EQUIPMENT INFRASTRUCTURE THROUGHOUT THE CITY;" and 2. Waive the first reading and adopt by title only, the Ordinance No. 1386, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ENABLING THE CITY COUNCIL TO SET FEES RELATING TO THE NEW DEVELOPMENT IMPACT FEES FOR LAW ENFORCEMENT FACILITIES, VEHICLES, AND EQUIPMENT." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Further discussion ensued and Council expressed a desire to bring the Ordinance back for its second reading at the time and date upon which the City-Wide Fee Study is presented to Council for consideration. A motion was made by Garcia, seconded by Lozano, and carried (5—0) to bring Ordinance No. 1386 back for its second reading at the time and date upon which the City-Wide Fee Study is presented to Council for consideration. REPORTS OF OFFICERS 11. OPTIONS FOR CITY COUNCIL TO CONSIDER FOR ANNUAL AUDIT SERVICES Staff recommends that Council: 1. Direct staff to issue the required 30-day termination notice to Brown Armstrong; and 2. Direct staff to arrange for the top three firms from the 2014 RFP to return and make a presentation to the City Council. A motion was made by Pacheco, seconded by Baca, and carried (0—0)to direct staff to issue the required 30-day termination notice to Brown Armstrong, and proceed with preparation and advertisement of a new RFP for Audit Services in order to create a new list of qualified firms. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 12. APPROVE RESOLUTION NO. 2016-107, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY," AND FOLLOWING REVIEW AND APPOINTMENT OF MEMBERS TO ESTABLISHED COMMITTEES, ADOPT SAID RESOLUTION Staff recommends that Council 1) review and appoint members to the positions of representatives and alternates of the established committees and organizations presented in Resolution No. 2016-107, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City;" and 2) review in-house committee appointments and select or nominate members as representatives of these committees accordingly. Page 9 of 10 Council directed that this item be brought back at the next Regular Council Meeting. A motion was made by Pacheco, seconded by Baca, and carried (5—0) to bring this item back for consideration at the next Regular Meeting. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 13. REPORT ON EMINENT DOMAIN ISSUES RELATED TO AFFORDABLE HOUSING Staff recommends that Council: 1. Receive an oral report from the City Attorney along with documents and/or material to be distributed at the meeting; 2. Receive and file the report or provide direction to staff as appropriate. City Attorney Robert Tafoya provided a memorandum to Councilmembers and orally summarized the content of the document to explain changes in the Eminent Domain laws. Mr. Tafoya explained that the use of Eminent Domain has been narrowly defined and can be used only to acquire land for public use (parking, parks, affordable housing, open space); additionally, the use of Eminent Domain is allowed for commercial properties but is restricted for residential property—residential property cannot be taken for development by a third party but can be taken if the governing agency will retain ownership of the land. CITY COUNCIL/CITY CLERK/CITY TREASURER/STAFF REQUESTS & COMMUNICATIONS Mayor Lozano stated that, in response to recent allegations of embezzlement within the City of Placentia, he would like to direct staff to develop and implement a mechanism that will provide reliable checks and balances for financial activities to prevent misappropriation of City funds. Chief Executive Officer Yauchzee noted that the City undergoes frequent audits to insure that transactions are verified, recorded property and the approval hierarchy is followed accordingly. Councilmembers Baca and Rubio both noted that the City's Audit Committee has recently created and implemented a number of methods to monitor financial activities and compel accountability in financial management as well. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to adjourn the meeting at 9.24 p.m. ayir ATTEST: J,r►+�trir ozano, Mayor Alejan•ra Avil , City Clerk APPROVED: 51/ Page 10 of 10