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HomeMy WebLinkAbout2017 05 17 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING MAY 17, 2017, 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 jointly by Pastor Flores and Pastor Jackson. PLEDGE OF ALLEGIANCE The Baldwin Park Color Guard presented the City, State and National Flag. The Mayor then led the Pledge of Allegiance. 9 ROLL CALL MEMBERS PRESENT: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tern Susan Rubio Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano reported out of Closed Session that, by a vote of 3 — 2 (Garcia and Lozano voting No), Council voted to proceed with the hiring of a Community Development Director. ANNOUNCEMENTS Mayor Pro Tern Rubio wished all the mothers a[belated] Happy Mother's Day. Council member Pacheco thanked Recreation and Community Services staff for their work on the Mother's Day Dance event; commented on the decision to terminate David Salcedo and provided some of the issues that occurred which were factored in his decision. City Clerk Avila extended thanks to members of the Police Department who spent time at the Rachael Holiday Children's Care Center. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Presentation of Proclamation recognizing May 2017 as National Lupus Awareness Month Mayor Lozano presented the Proclamation to representatives from the Lupus Outreach Group from Kaiser Permanente and commented all those who provide support and aid to sufferers of Lupus. • Presentation of Certificates of Recognition to Sharon Stone, Sierra Vista High School Student, and Damaris Garcia, Baldwin Park High School Student, as recipients of the Mark Daniel Flores Music Scholarship. Following a performance by Sharon Stone on the flute and a song by vocalist Damaris Garcia, Mayor Lozano presented Certificates of Recognition to each performer and congratulated them on their achievement and talents. • Presentation of Certificates of Recognition to Winners of the 2017 Arbor Day Celebration Art Contest. Mayor Lozano presented Certificates of Recognition to each of the Art Contest Winners in categories ranging from Kindergarten to Sixth Grade. • Introduction of new sworn officers of the Baldwin Park Police Department. Captain Doug Parnell introduced each of the newly sworn officers, providing a brief biography on each, and welcomed them to the City's Police Department. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:11 p.m. and noted that each speaker is permitted a total of three(3) minutes to speak. Arturo Luna, Baldwin Park resident, commented on the City's current financial state and alleged that Council mismanages the City's finances. Gabriel Ramirez, El Monte resident, spoke in support of reinstating the Police Helicopter Program (Item No. 8). Juan Rios, Baldwin Park resident, commented on the qualifications of interview panelists who participated in the interview process for the Police Chief position; pointed out that the executive staff that served as panelists have no knowledge of police department operations. Greg Tuttle, Baldwin Park business owner, voiced objection to the proposed increase to the Business Improvement Tax (BIT) and how the funds are spent; opined that none of the expenditures benefit the local businesses; asserted that David Salcedo was a "rogue cop" and supports bringing back Michael Taylor. A concerned citizen asserted that the community needs to come together; opined that members of the audience should treat Council with respect despite differences. Margarita Vargas, noted that Council is not following the order of the agenda; stated that the parking area around the WalMart is badly in need of maintenance. Ed Barrasa, opined that some Council members are trying to smear the reputation of David Salcedo; opined that Council should have disclosed openly the reason for the dismissal of Mr. Salcedo. Hector, Baldwin Park resident, apologized td Council members for previously asserting his opinion aggressively; pointed out that David Salcedo consulted with police captains prior to sending the letter of cancellation of the police helicopter program; expressed support for Mr. Salcedo. Rick Pena, Vice Chair for the Latino Business Association, expressed disappointment in the dismissal of David Salcedo from the Police Chief position and encouraged his reinstatement; opined that leadership should be setting an example. A concerned citizen made derogatory comments about Council members and asserted that there would be investigations; asserted that Latinos had been dismissed from key positions and that dismissal of Mr. Salcedo was a continuation of that trend. Seeing no others wishing to speak, Public Communications closed at 8:40 p.m. Council members commented on testimony related to the dismissal of David Salcedo from the Police Chief position, both in support of and in objection to his termination; Mayor Lozano commented on the police helicopter program and its reinstatement. CONSENT CALENDAR Council pulled Item Nos. 4-A, 8, 9, 10 and 11 from Consent Calendar for further discussion. Regular Meeting of 5/17/17 Page 2 of 9 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: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 2. TREASURER'S REPORT—MARCH 2017 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 Treasurer's Report. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. REJECTION OF CLAIMS Staff recommends that Council reject the following claim(s) and direct staff to send appropriate notice of rejection to claimant(s): Springer, Victoria Claimant alleges the City has an agreement with Foothill Transit to provide regional transit services for the City. The Claimant was a passenger on a Foothill Transit bus where she claims to have been injured. Vargas, Michael Anthony Claimant alleges the police department illegally towed and impounded his vehicle. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to reject the claims and direct staff to send appropriate notice of rejection to claimants. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. APPROVAL OF MEETING MINUTES Receive and file: A. Meeting Minutes of the Housing Authority, Finance Authority and Special City Council Meetings held on April 19, 2017. B. Meeting Minutes of the Special and Regular City Council Meetings held on May 3, 2017. A motion was made by Garcia, seconded by Pacheco, and carried (5 — 0) to bring Meeting Minutes identified as Item 4-A back at the next Regular meeting. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. A motion was made by Lozano, seconded by Baca, and carried (5—0) to receive and file the minutes identified at Item 4-B. Regular Meeting of 5/17/17 Page 3 of 9 AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 5. ACCEPT PLANS AND SPECIFICATIONS AND AUTHORIZE PUBLISHING A NOTICE INVITING BIDS FOR CITY PROJECT NO. 2017-0185 — ALLEYWAY STREET IMPROVEMENTS PROJECT Staff recommends that Council accept the plans and specifications, and authorize staff to advertise the Invitation to Bid. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to accept the plans and specifications, and authorize staff to advertise the Invitation to Bid for City Project No. 2017-0185—Alleyway Street Improvements Project. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. APPROVAL TO ENTER INTO AN AGREEMENT WITH MT. SAN ANTONIO COLLEGE SCHOOL OF CONTINUING EDUCATION DIVISION FOR AN AQUATIC PROGRAM Staff recommends that Council approve and authorize the Director of Recreation and Community Services to execute the Use of Facilities Agreement with Mt. San Antonio College School of Continuing Education for the Baldwin Park Aquatic Center to create an aquatic program partnership. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve and authorize the Director of Recreation and Community Services to execute the Use of Facilities Agreement with Mt. San Antonio College School of Continuing Education for the Baldwin Park Aquatic Center to create an aquatic program partnership. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. RENEWAL OF AGREEMENT WITH ALL CITY MANAGEMENT SERVICES FOR PROVIDING SCHOOL CROSSING GUARD SERVICES FOR FISCAL YEAR 2017-2018 Staff recommends that Council approve the Amendment to the Agreement with All City Management Services (ACMS) for crossing guard services for Fiscal Year 2017-2018; authorize the Mayor to execute the Amendment; and authorize staff to include the new contract price of $194,832 in the proposed budget for Fiscal Year 2017-2018 under account 100-30-390-51100- 13200-2. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve the Amendment to the Agreement with All City Management Services (ACMS) for crossing guard services for Fiscal Year 2017-2018; authorize the Mayor to execute the Amendment; and authorize staff to include the new contract price of $194,832 in the proposed budget for Fiscal Year 2017-2018 under account 100-30-390-51100-13200-2. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 8. REQUEST TO REINSTATE POLICE HELICOPTER PROGRAM Staff recommends that Council authorize the Acting Chief of Police to make all necessary arrangements with the El Monte Police Department to immediately reinstate Baldwin Park's partnership in the helicopter program under the same terms of the FY 2016-2017 agreement most recently in effect. Regular Meeting of 5/17/17 Page 4 of 9 Mayor Pro Tern Rubio sought clarification from Chief Executive Officer(CEO) Yauchzee as to whether a department head has the authority to terminate such a contract without Council approval and whether he had been consulted and provided guidance to former Police Chief Salcedo on such a decision. Interim Police Chief Doug Parnell stated that direction had been given by the CEO to seek ways to cut expenses for a 2% budget reduction across the board; said that former Chief Salcedo had approached police captains asking for recommendations where costs could be reduced or eliminated department wide and among the suggestions was cancelling the helicopter program; at a subsequent budget meeting, the suggestion of cancelling the program was brought up but CEO Yauchzee stated directly that the program could not be cancelled without Council approval. Chief Executive Officer Yauchzee stated that the contract does state that the contract can be cancelled by the City, which is represented by the legislative body, and that he did not authorize cancellation of the contract; concurred that the item was discussed in a budget meeting and that it was made clear that cancellation required Council approval; stated that he was informed by department staff after dismissal of Mr. Salcedo that the letter of termination had been sent. Council member Garcia asked about the communication [letter] and staff provided a copy of the correspondence that was sent to the City of El Monte and asked whether the communication would be binding. City Attorney Tafoya confirmed that cancellation of the contract is only valid if authorized by the City Council and that presenting to Council the approval to reinstate the program memorializes the City's intent to continue the relationship. A motion was made by Garcia, seconded by Lozano, and carried (5—0) to authorize the Acting Chief of Police to make all necessary arrangements with the El Monte Police Department to immediately reinstate Baldwin Park's partnership in the helicopter program under the same terms of the FY 2016-2017 agreement most recently in effect. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 9. RESOLUTION NO. 2017-188, APPROVING THE ENGINEERS REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY2017- 2018, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS,AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2017-188 entitled, "A Resolution Of The City Council Of The City Of Baldwin Park, California, Approving The Engineer's Report For The Citywide Landscaping And Lighting Maintenance Assessment District For FY 2017-2018, Declaring The Intent To Levy And Collect Assessments, And Setting A Time And Place For Public Hearing." Council member Baca asked for clarification of the funding source for the improvements, to which Interim Public Works Gutierrez responded by noting that this item will approve the engineer reports and will be brought back in a public hearing. A motion was made by Baca, seconded by Lozano, and carried (5 — 0) to waive further reading, read by title only, and adopt Resolution No. 2017-188 entitled, "A Resolution Of The City Council Of The City Of Baldwin Park, California, Approving The Engineer's Report For The Citywide Landscaping And Lighting Maintenance Assessment District For FY 2017-2018, Declaring The Intent To Levy And Collect Assessments, And Setting A Time And Place For Public Hearing." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Regular Meeting of 5/17/17 Page 5 of 9 10. RESOLUTION NO. 2017-189, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY2017-2018, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2017-189 entitled, "A Resolution Of The City Council Of The City Of Baldwin Park, California, Approving The Engineer's Report For The Citywide Park Maintenance Assessment District For FY 2017-2018, Declaring The Intent To Levy And Collect Assessments, And Setting A Time And Place For A Public Hearing." Council member Baca asked for clarification of the funding source for the improvements, to which Interim Public Works Gutierrez responded by noting that this item will approve the engineer reports and will be brought back in a public hearing. A motion was made by Baca, seconded by Lozano, and carried (5 — 0) to waive further reading, read by title only, and adopt Resolution No. 2017-189 entitled, "A Resolution Of The City Council Of The City Of Baldwin Park, California, Approving The Engineer's Report For The Citywide Park Maintenance Assessment District For FY 2017-2018, Declaring The Intent To Levy And Collect Assessments, And Setting A Time And Place For A Public Hearing." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 11. ACCEPT PLANS AND SPECIFICATIONS AND AWARD OF BID FOR CITY PROJECT NO. 2016-0135—MORGAN PARK AQUATIC CENTER CEILING MAINTENANCE Staff recommends that Council approve and award the contract to Lucas Builders, Inc., in the amount of$59,000, and authorize the Mayor to execute the contract. Council member Baca asked for clarification of the funding source for the improvements, to which Interim Public Works Gutierrez responded that this item had been previously identified and had budgeted funds. A motion was made by Baca, seconded by Lozano, and carried (5 — 0) to approve and award the contract to Lucas Builders, Inc., in the amount of $59,000, and authorize the Mayor to execute the contract. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 12. AUTHORIZATION TO PURCHASE POLICE VEHICLES WITH FEDERAL ASSET FORFEITURE FUNDS Staff recommends that Council: 1) Waive the formal bidding process for the purchase of three (3) vehicles and installation of the emergency equipment on the vehicles pursuant to Baldwin Park Municipal Code §34.23(c); and 2) Authorize the Police Department to work in conjunction with the Public Works Department to purchase the new vehicles; and 3) Authorize the Finance Director to complete a budget amendment for an amount not to exceed $78,129.89, from account 205-30-360-58110 and designate $78,129.89 for restricted purchase of the new Police Department vehicles; and 4) Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchase. Regular Meeting of 5/17/17 Page 6 of 9 A motion was made by Lozano, seconded by Baca, and carried (5—0) to: 1) Waive the formal bidding process for the purchase of three (3) vehicles and installation of the emergency equipment on the vehicles pursuant to Baldwin Park Municipal Code§34.23(c); and 2) Authorize the Police Department to work in conjunction with the Public Works Department to purchase the new vehicles; and 3) Authorize the Finance Director to complete a budget amendment for an amount not to exceed $78,129.89, from account 205-30-360-58110 and designate$78,129.89 for restricted purchase of the new Police Department vehicles;and 4) Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchase. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS 13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CONFIRMING THE ADVISORY COMMITTEE'S REPORT AND LEVYING THE ASSESSMENT IN THE BALDWIN PARK CITYWIDE ASSESSMENT DISTRICT FOR FISCAL YEAR 2017-18 Staff recommends that Council: 1) Approve the FY 2017-18 BIT Allocation Budget; and 2) Restore the full rate and approve Resolution No.2017-184, entitled "A Resolution of the City Council of the City of Baldwin Park, Confirming the Advisory Committee's Report and Levying the Assessment in the Baldwin Park Citywide Business Improvement District for Fiscal Year 2017-2018;" 3) Provide staff direction on the appointment of a member of the public or business community to the Committee. Finance Director Tam narrated a PowerPoint presentation and responded to questions from Council. Council member Baca asked what the projected balance of the fund would be at the beginning of Fiscal Year 2018, after all expenditures are deducted, taking into consideration the inclusion of or elimination of the July 4 Celebration event; asked what percentage of the fees paid for business licenses is deposited into the Business Improvement Tax (BIT) Fund and how much goes into the General Fund; asked why it appears that the contract for pyrotechnics for 2017 appear to be more expensive than last year's"last minute" contract. Finance Director Tam explained that the BIT assessments are deposited into the designated fund and none goes to the General Fund; explained that projections provided are based on the current reduced tax rate; Recreation and Community Services Director Carrillo responded to Council member Baca's inquiry into the cost differences. Council member Baca suggested that there may be other options to fund some of the desired events; suggested that options for funding the banner program, the parade and the July 4 event should be explored, possibly through corporate/business sponsorships, particularly with the possible budget shortfall. Mayor Pro Tem Rubio suggested that staff work on engaging local talents and businesses when planning next year's events; requested that a workshop be held well in advance of presenting the BIT Allocation Budget item to allow business the opportunity to provide input and to examine by line item the suggested expenditures. Regular Meeting of 5/17/17 Page 7 of 9 A motion was made by Lozano, seconded by Garcia, and carried (5—0) to: 1) Approve the FY 2017-18 BIT Allocation Budget; and 2) Restore the full rate and approve Resolution No.2017-184, entitled "A Resolution of the City Council of the City of Baldwin Park, Confirming the Advisory Committee's Report and Levying the Assessment in the Baldwin Park Citywide Business Improvement District for Fiscal Year 2017-2018;" 3) Bring back at a future meeting the appointment of a member of the public or business community to the Committee. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 14. DIRECTION AND APPROVAL OF THE DESIGN FOR THE BALDWIN PARK TRANSIT BUS WRAPS AND THE BALDWIN PARK COMMUTER CONNECTOR EXPRESS LINE TRANSIT BUS MODEL Staff recommends that Council: 1) Select and approve a bus wrap design for the Baldwin Park Transit Buses; and 2) Select and approve a transit bus model for the Baldwin Park Commuter Connector Express Line. Dan Bartenson, Evans Brooks and Associates, reviewed a PowerPoint presentation with the vehicle selection options and the costs associated with each purchase; briefly discussed color/bus wrap options available for each model; responded to questions from Council. A motion was made by Rubio, seconded by Baca, and carried (5—0)to 1) Direct staff to bring back at a future meeting the options for bus wrap designs for the selected vehicle; and 2) Select and approve the purchase of two Trolley model busses for the Baldwin Park Commuter Connector Express Line. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 15. A REQUEST FOR DIRECTION FROM THE CITY COUNCIL REGARDING EXISTING ON-CALL PROFESSIONAL SERVICES FOR THE PUBLIC WORKS DEPARTMENT AND COMMUNITY DEVELOPMENT(BUILDING) DEPARTMENT Staff recommends that Council provide direction: 1) Prepare and circulate an updated Request for Qualifications (RFQ) for General On-Call Professional Consulting Services for the areas noted above and extend the existing on-call professional listing until such time that the RFQ process is complete and a new listing for on- call professional services is established; or 2) Extend the existing on-call professional listing until June 30, 2019, and additional two years. A motion was made by Lozano, seconded by Rubio, and carried (5—0) to bring this item back at the next Regular meeting for further consideration. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Regular Meeting of 5/17/17 Page 8 of 9 16. FOURTH OF JULY SAFETY ENHANCEMENT STRATEGY Staff recommends that council receive and file the Fourth of July Safety Enhancement Report. A motion was made by Lozano, seconded by Baca, and carried (5—0) to receive and file the Fourth of July Safety Enhancement Report. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL/CITY CLERK/CITY TREASURER/STAFF REQUESTS&COMMUNICATIONS Request by Mayor Lozano for discussion and consideration: • Mayor Lozano would like discussion and direction to postpone appointment of an Interim Police Chief due to budget constraints and the current projected deficit. Mayor Lozano requested that this item be discussed at the next Regular meeting. Request by Mayor Pro Tern Rubio for discussion and consideration: • Mayor Pro Tern Rubio would like discussion and direction to approve a Resolution appointing Council member Cruz Baca as the primary representative for the San Gabriel Valley Council of Governments. Mayor Pro Tem Rubio suggested that Council member Baca be designated as the primary representative since she has been attending many of the meetings and has the flexibility to attend meetings on a consistent basis. A motion was made by Rubio, seconded by Baca, and passed (3 — 2; Garcia and Lozano voting No), to approve Resolution No. 2017-190, which designates Council member Cruz Baca as the Representative and Council member Monica Garcia as the Alternate for the City of Baldwin Park's seat on the San Gabriel Valley Council of Governments. AYES: Baca, Pacheco, Rubio NOES: Garcia, Lozano ABSENT: None ABSTAIN: None ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Baca, to adjourn the meeting at 9:52 p.m. a or ATTES . M. el ozano, Mayor Alejandra Avila, City Clerk APPROVED: 6/?f/7 Regular Meeting of 5/17/17 Page 9 of 9