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HomeMy WebLinkAbout2016 03 02 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING MARCH 2, 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 7:15 p.m. INVOCATION The invocation was provided by Pastor Flores. 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 no reportable action was taken on items discussed during Closed Session. A motion was made by Mayor Lozano, seconded by Councilmember Pacheco, and carried (5— 0) to adjourn the Special Meeting of March 4, 2015. ANNOUNCEMENTS Mayor Lozano began by providing a reminder on proper decorum during meetings, reading the rules of conduct for Public Communications during the meeting: 1. Only address the City Council as a whole, not individual councilmembers. 2. No personal attacks or no defamatory statements. 3. Limit comments to those subject matters within the City's jurisdiction. 4. Limit comments to the 3-minutes allowed. Mayor Lozano asked that the meeting be closed in memory of Mary Farrer, a long-time resident of Baldwin Park, who passed recently. Councilmember Rubio asked that the meeting also be closed in memory of Christina Lucero's son, Officer Swells, who passed just recently; extended condolences to Ms. Lucero and her daughter, Melissa Swells. Councilmember Baca requested that the meeting also be closed in memory of Eddie Morrio, a legacy in Baldwin Park who passed at the age of 90 years, and the passing of Carmen Gutierrez, a long-time resident of Baldwin Park. City Treasurer Maria Contreras asked that the meeting be concluded in memory of the anniversary of her father's passing. Mayor Pro Tem Garcia requested that the meeting be closed in memory of her uncle, Joe Biarrial, a resident of El Paso, Texas, where many members of her family reside. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Presentation by P.O.S.T. to Chief Michael Taylor in recognition of his dedication and long- standing commitment to Public Safety and Law Enforcement Services. Robert Truszac, Director of the California Commission on Peace Officer Standards and Training presented Chief Michael Taylor with his Executive Development Certificate, and congratulated him on his esteemed accomplishments. Mayor Lozano introduced Mark Shenefield, a long time Baldwin Park resident, who is a true-to- heart fan of the Dallas Cowboys football team and who has been selected an a Nominee for the 2016 What A Fan Awards by the Dallas Cowboys franchise. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:37 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Arturo Luna, Baldwin Park resident, commented on Item No. 8 on this evening's agenda; opined that the item is endangering the public's constitutional rights and strongly objects to it; question the necessity of addressing Council as a whole, rather than individual member. Ken Woods, Baldwin Park resident, prefaced his comments by saying that, as long as he does not yell `fire' in a building, as long as he does not disrupt the meeting and as long as he does not use profanity, he is going to say what he wants during Public Communications; commented on spend $50,000 to conduct a study on the demographics of Baldwin Park; asked that he be provided with a cost report of how much it is costing the City to replace the commissioners. Unidentified speaker, voiced objection because she is seeking information of a residential property in Baldwin Park but has been told that the information cannot be provided due to privacy laws, yet she was told that she can go to the Assessor's Office and get the information there; asked why they can provide it to her but the City cannot. Al Contreras, Baldwin Park resident, asked that an explanation of Item No. 8 be provided prior to approving it as part of the Consent Calendar so that others in the audience can understand the purpose and nature of the item. Angie Massies-Mendez, Children-Teen Librarian, Baldwin Park Library, accompanied by Amanda Sarroto, also of the Baldwin Park Library, narrated the calendar of events for the library in the Children-Teen section; noted that many of the upcoming events are very educational and provide opportunities to learn about history. Terri Muse, President of Baldwin Park Business Association, George Silva, Vice President of the Association and Manager of the SCE Credit Union, and Tracy Agueri, Branch Manager of Wells Fargo, a business-member of the Association, invited the public out to a ribbon cutting event for Marina's Mixed Boxing and Martial Arts Center; also announced the "Lunch with the Regular Meeting of March 2, 2016 Page 2 of 11 Baldwin Park Bunch," an informal networking opportunity for local business owners and others interested in the local business community. Unidentified speaker, as translated by City Clerk Alejandra Avila, requested that the schools be left alone; asked whether consideration has been given to the risk that may be presented if the schools [fields] are open; noted that children find drug paraphernalia or other illicit items that could be of danger to them; opined that the City cannot insure the safety of the children; opined that the proposed developments would not provide a bright future to the youth of the community since it would only be supported by retailers who fail to support their workers by ignoring OSHA requirements and other regulations and guidelines. John Rios, Baldwin Park resident, commented on Item No. 8, saying that changes would need to be done at the state level; opined that Council should be minding their own conduct and reflect on the recent episodes of calling people names; stated that the police department needs more officers and more vehicles added in order to protect the community. Issac Commacho, Baldwin Park resident, opined that Council is failing to represent the community properly; stated that the constituency is asking questions but are not receiving responses; asked about what seems to be a large number of lawsuits that the City has been brought into recently. Greq Tuttle, Baldwin Park business owner, announced that he was served with a restraining order because one of the councilmembers is in fear; announced that he has filed with the court and is demanding the appearance of City officials in response to the order, saying that the order is fraudulent; announced that on two recent reports from Closed Session were inaccurate in the voting results. Margarita Vargas, Baldwin Park resident, expressed support for Item No. 8, suggesting that the entire rules of decorum be published on the back page of the agendas; asked that Council conduct themselves in a professional and civil manner just as they expect from those speaking during public communication. Seeing no others wishing to speak, Public Communications closed at 8:04 p.m. Mayor Lozano stated that, with regard to the schools and proposal for open space, he is seeking to have the fields at schools open for public use; opined that the implication that there will be problems with drug and alcohol users is not well founded; noted that the City will work with the schools and the intent is to promote youth sports and enjoyment of the outdoors. Mayor Lozano stated that the Code of Conduct being presented for Council approval on this evening's agenda is no different than those of Azusa and other surrounding cities; noted that the intent is to promote respectful and civil communication. Mayor Lozano also stated that Mr. Tuttle is wrong in his assertion that the decision to pursue legal action against him was by a 5-0 vote, but that Mr. Tuttle is correct in stating that the correct vote for the dismissal of Mr. Castagnola was a 3-2 vote, not a 5-0 vote. Councilmember Rubio stated that she did not want to violate the confidentiality of Close Session but that she has to clarify that there was no vote on the matter pertaining to Mr. Tuttle. There was directive to staff to take action but there was no vote. There was another case that was being discussed and the vote that was taken pertained that that matter, not the matter of Mr. Tuttle. Councilmember Baca concurred. Regular Meeting of March 2, 2016 Page 3 of 11 Mayor Pro Tern and Mayor both stated that there was a motion and a second, and that no objections were heard so the motion carried. Councilmember Pacheco stated that he went to a judge and was granted a restraining order against Mr. Tuttle and that he fears for himself, his wife and his child, as Mr. Tuttle is a harasser. Councilmember Baca voiced support for the comments of Mrs. Vargas, and expressed her dismay for how she and Councilmember Rubio are treated by fellow councilmembers; pointed to many instances in which she is being called names or there are implications of political misconduct. Mayor Pro Tern Garcia responded to some comments made which implied that she does not listen to the community; pointed out that she is very interactive with the community and puts thought into the decisions she makes; she supports a respectful exchange of views, regardless of whether they are similar or at odds. Councilmember Pacheco noted that, despite all the discussion, the City has been working by upgrading streets and community parks, working on updating equipment and recruiting quality staff to the police department and, at the end of the day, the city of Baldwin Park is a great place to live. CONSENT CALENDAR Councilmembers pulled for discussion Item Nos. 3, 6, 7 and 8. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Baca, and carried (5—0) to ratify the Warrants and Demands Register. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 2. TREASURER'S REPORT—JANUARY 2016 Staff recommends that Council receive and file the Treasurer's Report. A motion was made by Lozano, seconded by Baca, and carried (5—0)to receive and file the minutes. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE DESIGNATION OF THE EXECUTIVE TEAM AS THE BUSINESS IMPROVEMENT ADVISORY COMMITTEE TO MAKE RECOMMENDATIONS ON MATTERS RELATED TO THE CITYWIDE BUSINESS IMPROVEMENT AREA. Staff recommends that the City Council approve Resolution No. 2016-111 designating the Executive Team as the Business Improvement Advisory Committee, entitled "A Regular Meeting of March 2, 2016 Page 4 of 11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE DESIGNATION OF THE EXECUTIVE TEAM AS THE BUSINESS IMPROVEMENT ADVISORY COMMITTEE TO MAKE RECOMMENDATIONS ON MATTERS RELATED TO THE CITY-WIDE BUSINESS IMPROVEMENT AREA." Councilmember Baca asked that clarification be provided to explain what types of issues the Business Improvement Advisory Committee will be looking at and making recommendations on. Chief Executive Officer Shannon Yauchzee explained that the Committee, which is being formed to comply with state law and city ordinance, will be looking at what the city has funded over the years using business improvement tax funds and will provide a list of opportunities and recommendations for future expenditures in the interest of the Business Improvement District. A motion was made by Baca, seconded by Pacheco, and carried (5—0)to approve Resolution No. 2016-111 designating the Executive Team as the Business Improvement Advisory Committee, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE DESIGNATION OF THE EXECUTIVE TEAM AS THE BUSINESS IMPROVEMENT ADVISORY COMMITTEE TO MAKE RECOMMENDATIONS ON MATTERS RELATED TO THE CITY-WIDE BUSINESS IMPROVEMENT AREA." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 4. FUNDING AGREEMENT — METRO TOLL GRANT FRAZIER STREET PEDESTRIAN AND BICYCLE SAFETY IMPROVEMENTS Staff recommends that Council approve the Funding Agreement with LACTMA and authorize the Mayor to execute the Agreement. A motion was made by Lozano, seconded by Baca, and carried (5—0)to approve the Funding Agreement with LACTMA and authorize the Mayor to execute the Agreement. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 5. AUTHORIZATION TO ADVERTISE THE REQUEST FOR PROPOSAL FOR PROFESSIONAL PYROTECHNIC SERVICES RELATED TO THE 4TH OF JULY FIREWORKS CELEBRATION Staff recommends that Council authorize the advertisement of the Request for Proposal (RFP)for professional pyrotechnic services related to the 4th of July Fireworks Celebration; and authorize the Director of Finance to identify funds, and make appropriate transfers and fund adjustments. Regular Meeting of March 2, 2016 Page 5 of 11 A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to authorize the advertisement of the Request for Proposal (RFP) for professional pyrotechnic services related to the 4th of July Fireworks Celebration; and authorize the Director of Finance to identify funds, and make appropriate transfers and fund adjustments. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 6. APPROVE RESOLUTION NO. 2016-110, ESTABLISHING UNDERGROUND UTILITY DISTRICT 16-1 ON BALDWIN PARK BOULEVARD BETWEEN KENMORE AVENUE AND BRESEE AVENUE Staff recommends that Council waive further reading, read by title only, and approve and adopt Resolution No. 2016-110, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Establishing Underground Utility District 16-1 on Baldwin Park Boulevard between Kenmore Avenue and Bresee Avenue." Councilmember Rubio asked that this item be clarified so that the public better understands the purpose of this item and that it will not impose any additional taxes on property. Public Works Director Dan Wall explained that, as required by the California Public Utilities Commission, local power companies (in this case, Edison) are required to levy a fee on all electric bills in order to fund projects for moving utility lines underground; Edison is responsible for managing the funding and the CPUC has criteria for selection of which areas will undergo the transition. A motion was made by Rubio, seconded by Pacheco, and carried(5—0) to waive further reading, read by title only, and approve and adopt Resolution No. 2016-110, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Establishing Underground Utility District 16-1 on Baldwin Park Boulevard between Kenmore Avenue and Bresee Avenue." AYES: Baca, Lozano, Garcia, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. APPROVE A CONTRACT WITH GREEN LEAF EVENTS, INC., TO PROVIDE A CERTIFIED FARMERS MARKET AND STREET FAIR Staff recommends that Council approve the Agreement with Green Leaf Events, Inc., to provide for a Certified Farmers Market and Street Fair. Councilmember Baca made a motion to have this item be held over until the first or second meeting in April to allow more time for reviewing the proposal and to answer some outstanding questions. Councilmember Rubio stated that she is supportive of the proposal but opined that the program should be launched in increments or stages to insure public participation meets expectations and secures the program's success; noted that a six month period is a great deal of time and her previous experience has shown that it is difficult to get Regular Meeting of March 2, 2016 Page 6 of 11 these types of events to "catch on;" Councilmember Rubio asked that the Directory Carrillo speak to previous experience in introducing this type of program. Director Carrillo explained that about 15 years ago, the City launched a similar program that was to include a farmer's market but it was successful for only about 12 weeks and the vendor demographic turned more towards a swap-meet rather than a farmer's market. He did, however, also note that this agreement and program provides for a Certified Farmer's Market, so participation of vendors will be geared to that end. With that, Councilmember Rubio stated that she would still like to see the event be held for a shorter period of time to start with and later add as momentum builds; seconded the motion to hold the agreement over and bring it back at one of the two meeting in April. Councilmember Pacheco inquired as to whether six months would be a reasonable period of time and sought a suggested time period rather than what is being proposed. Councilmember Baca noted that the Street Fair, in its first year, had a weak start; concurred that its current success is undeniable but that she has additional questions, concerns about how this event will affect local businesses and shares the concerns that Councilmember Rubio has defined. As discussion continued, it was pointed out that it will provide revenue to the City and will also save the City the cost of hosting the Street Fair as it did the past two years; noted that the vendor would administer the entire process. It was suggested that the length of time be shortened, possibly starting closer to the summer months, in order to insure that the turnout would warrant the time and expense for the farmer's market vendors. Jerry Diaz, Green Leaf Events, Inc., explained some of the opportunities and challenges with changing the time frame and/or day of the week on which the event would be held. Mr. Diaz explained that he has an established list of produce vendors that can commit to the schedule proposed in the agreement; noted that changes may result in vendors being unavailable or that the cost may be prohibitive if vendors have to purchase a three-month permit for an event only one month long. Following discussion, Mayor Lozano recited the motion made by Councilmember Baca to hold this item and bring it back before Council at the first meeting in April; voiced his objection to the motion and called for a roll call vote by the City Clerk. A motion was made by Baca, seconded by Rubio, to hold the Green Leaf Events agreement until the first regular meeting in April; the motion failed by a 3-2 vote with Mayor Lozano, Mayor Pro Tern Garcia and Councilmember Pacheco voting No. Mayor Lozano made a motion to approve the agreement with a start date of April 7, as defined in the Agreement; Mayor Pro Tern Garcia seconded the motion. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to approve the Agreement with Green Leaf Events, Inc., as present with a start date of April 7, 2016, with a contract term of two years, to provide for a Certified Farmers Market and Street Fair. Regular Meeting of March 2, 2016 Page 7 of 11 AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 8. FIRST READING AND INTRODUCTION OF ORDINANCE NO. 1384, AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO RULES OF DECORUM AT COUNCIL MEETINGS Staff recommends that the City Council Adopt Ordinance No. 1384 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTIONS 39.02 (A), 39.03 (A) AND 39.04 (A) (1)-(3) OF CHAPTER 39, TITLE III, ADMINISTRATION, OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE RULES OF DECORUM AT COUNCIL MEETINGS." Mayor Lozano began by explaining that the Ordinance being presented will not, in any way, violate a speaker's First Amendment right to expressing themselves; what is being adopted is similar to those already passed by surrounding cities. Councilmember Pacheco noted that speakers can say almost anything that is within the rights of the First Amendment, however when speakers make statements that are untrue or may be harmful to a person's reputation, they expose themselves to possible legal action. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to introduce an ordinance, for first reading and waive further reading, Ordinance No. 1384 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTIONS 39.02 (A), 39.03 (A) AND 39.04 (A) (1)-(3) OF CHAPTER 39, TITLE III, ADMINISTRATION, OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE RULES OF DECORUM AT COUNCIL MEETINGS." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 9. AUTHORIZE TO ENTER INTO A LEASE AGREEMENT FOR TWO NEW COLOR COPY MACHINES It is recommended that the City Council approve entering into a 60 month Lease Agreement with Ricoh USA Inc. for two new color copy machines. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve entering into a 60 month Lease Agreement with Ricoh USA Inc. for two new color copy machines. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. Regular Meeting of March 2, 2016 Page 8 of 11 PUBLIC HEARING 10. PUBLIC HEARING REGARDING FISCAL YEAR 2016-2017 COMMUNITY DEVELOPMENT BLOCK GRANT (CDGB) AND HOME INVESTMENT PARTNERSHIP FUND (HOME) ANNUAL ACTION PLAN Staff recommends that Council conduct a Public Hearing and, following the Public Hearing, approve the allocations for the FY 2016-2017 CDBG public service programs by selecting on of the following options: OPTION 1: Approve the Joint Commission's recommendations for funding as revised by staff; or OPTION 2: Revise allocations as the City Council deems appropriate. Mayor Lozano declared the Public Hearing Open at 8:53 p.m. and invited those wishing to speak on this item to come forward. Pastor Flores, Church of the Redeemer, spoke of the food bank that is run by the church and thanked Council for its financial support through CDBG funding; suggested that returning the funding back to $10,000 would be appreciated but that the exiting allocation is also appreciated. Michael Ward, St. John the Baptist Social Services, expressed appreciation for the funding of the Parenting and Violence Prevention classes for the past several years; offered to answer any questions that Council may have. Seeing no one wishing to speak on the matter, Mayor Lozano closed the Public Hearing at 9:04 p.m. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to continue this item and bring it back for consideration at the next Regular City Council meeting. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. REPORT OF OFFICERS 11. 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. Regular Meeting of March 2, 2016 Page 9 of 11 A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to continue this item and bring it back for consideration at the next Regular City Council meeting. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 12. CONSIDERATION OF A CONSULTANT SERVICES AGREEMENT WITH THE KOSMONT COMPANIES Staff recommends the Council: 1. Review the revised proposal from Kosmont Companies and provide direction to staff; and 2. Consider direction to staff and City Attorney to complete Agreement documents and return for a City Council approval at a subsequent meeting. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to continue this item and bring it back for consideration at the next Regular City Council meeting. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL/CITY CLERK/CITY TREASURER/STAFF REQUESTS & COMMUNICATIONS Councilmember Baca requested that staff present Council with a status update on the proposed ballot measure which would provide that voter approval would be required for prior to contracting out for any City Police Services. Mayor Lozano inquired as to whether the Baldwin Park NOW had yet been published as he would like an article and information regarding Irwindale's proposed Materials Recovery Facility (MRF), of which the City vehemently opposes. The Mayor directed staff to prepare to place the information on the front page of the NOW to clearly communicate that the City is fully against the MRF. Councilmember Rubio asked that Council consider approving a Resolution in support of workers and the UFCW who are demonstrating against El Super grocery and endorsing the boycott against El Super for unfair treatment of its workers. Request by Councilmember Ricardo Pacheco for discussion & direction on the following: • Councilmember Ricardo Pacheco would like to discuss and give staff direction in regards to open green space at the Schools. That Staff meet with School District officials and discuss possible funding and grants for improvements such as playgrounds, walking paths and exercise equipment at Olive Middle School. Councilmember Pacheco requested that staff meeting with School District officials to discuss opportunities for opening school grounds on weekends to increase open Regular Meeting of March 2, 2016 Page 10 of 11 green space for community use; directed staff to work with grant writers to pursue grant opportunities that would enhance a partnership with the School District. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano, seconded by Councilmember Rubio, to adjourn the Regular meeting at 9:09 p.m. M- o ATTES / elr—Loza•e, ayor A -ja •r- vi a, it er APPROVED: 4/4//0 Regular Meeting of March 2, 2016 Page 11 of 11