HomeMy WebLinkAbout04/22/2015IRWINDALE CITY COUNCIL CHAMBER
APRIL 22, 2015
5050 N. IRWINDALE AVENUE
WEDNESDAY
IRWINDALE, CALIFORNIA 91706 5:30 P.M.
The Irwindale CITY COUNCIL met in regular session at the above time and place.
ROLL CALL: Present: Councilmembers Albert F. Ambriz, Julian A. Miranda,
H. Manuel Ortiz; Mayor Pro Tem Manuel R. Garcia;
Mayor Mark A. Breceda
Also present: Eva Carreon, Acting City Manager / Director of
Finance; Fred Galante, City Attorney; Anthony Miranda, Police
Chief; William Tam, Director of Public Works/City Engineer; Gus
Romo, Director of Community Development; Elvie Balderrama,
Human Resources Manager, and Laura Nieto, Deputy City Clerk
RECESS TO
At 5:30 p.m., the City Council recessed to Closed Session to
CLOSED SESSION
discuss the following:
Conference with Legal Counsel — Existing Litigation
Pursuant to California Government Code Section 54956.9
Case Name: City of Baldwin Park v. City of Irwindale
Case Number: BS 152919
ACTION: Update provided; no reportable action taken
Case Name: City of Irwindale v. County of Los Angeles
Case Number: 56-2015-00464100-CU-WM-VTA
ACTION: Update provided; no reportable action taken
Conference with Legal Counsel — Anticipated Litigation
Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of
Section 54956.9
Number of cases: One
ACTION: Council briefed; no reportable action taken
At 6:30 p.m., the City Council reconvened in Open Session.
None.
RECONVENE IN
OPEN SESSION
CHANGES TO THE
AGENDA
COUNCILMEMBER
TRAVEL REPORTS None.
CITY COUNCIL MINUTES
APRIL 22, 2015
REGULAR MEETING
PAGE 2
ANNOUNCEMENTS
COUNCILMEMBER
ORTIZ
INTRODUCTION OF
NEW EMPLOYEE
PROCLAMATIONS /
PRESENTATIONS /
COMMENDATIONS
Councilmember Ortiz said that he recently toured the Gold Line
Station to study the amount of people that board the trains and to
gain a better understanding of once the Irwindale station is in
operation. He noted that many people board the train during rush
hour and that the Gold Line Authority is taking this into consideration
and will probably increase the number of train cars or adjust the
timing in order to accommodate the travelers' needs. He also spoke
on potential business growth near the station.
None.
RECOGNITION OF RECOGNITION OF IRWINDALE CHAMBER OF COMMERCE
IRWINDALE CHAMBER BUSINESS OF THE MONTH — BRITEWORKS, INC.
OF COMMERCE
BUSINESS OF THE The presentation was made.
MONTH —
BRITEWORKS, INC.
PROCLAMATION PROCLAMATION PROCLAIMING APRIL AS AUTISM
PROCLAIMING APRIL AWARENESS MONTH
AS AUTISM
AWARENESS MONTH The proclamation was made.
UPDATE ON
CLEANTECH FACILITY
DIRECTOR ROMO
UPDATE ON CLEANTECH FACILITY
Director Romo, along with Mr. Robert Brown of CleanTech, made
the presentation. Among the items discussed were the
determinations previously made by staff, the city's municipal code,
the concerns made by members of the public, the scope of
operation, zoning issues, land use determinations, and the
Department of Toxic Control Substances ("DTSC") and its approval
process. Mr. Brown advised that he is offering tours of the facility to
interested persons.
CITY COUNCIL MINUTES
APRIL 22, 2015
REGULAR MEETING
PAGE 3
SPONTANEOUS
COMMUNICATIONS
JONATHAN KLEIN
TODD ELLIOTT
FRED BARBOSA
BEATRIZ SANDOVAL
MANUEL HERNANDEZ
EMPARCI FUENTES
MAYOR BRECEDA
ERICA ENCASO
MAYOR BRECEDA
PAUL HERNANDEZ
ROSIE RIOS
Jonathan Klein expressed concern that process that the DISC
underwent to approve the permit for this project did not ensure the
safety of the community.
Todd Elliott, an attorney representing "LIMPIA", also expressed
concern of the DTSC approval process and stated his opinion that
community members were not given an opportunity to state their
concerns. He also alleged that the city's General Plan prohibits the
proposed use.
Fred Barbosa stated that he was impressed with the presentation
and said that perhaps the information being disseminated to the
public has been misrepresented.
Beatriz Sandoval said that she was concerned because no
information or statistics on contamination was provided during the
presentation. She also expressed frustration in the amount of time it
takes to reach the freeways and questioned Director Romo's loyalty
to the city.
Manuel Hernandez, an organizer with the Save the Dam coalition,
disagreed that the information he is sharing in the community is
inaccurate and said that he will continue to advocate for the
community's needs and for its families.
Emparci Fuentes asked why Mr. Brown would not build his business
closer to where he lives. She said that there was a recent fire near
where she lives and that the odor of the smoke still got into her
house even with all the windows shut. She questioned whether any
airborne contaminants can escape the facility.
Mayor Breceda defended Director Romo and emphasized that his
loyalty is to the city. He also reminded that Mr. Brown has offered
interested individuals to tour his facility.
Erica Encaso wondered how the proposed facility would affect the
environment, local wildlife, and the health of her children.
Mayor Breceda stated that the Council takes these comments very
seriously and that the Council will consider any factual issues.
Paul Hernandez, Vice President of the Valley County Water District,
expressed his frustration since, in his opinion, these types of
facilities are constructed in "communities of diversity."
Rosie Rios said that these types of facilities are destroying the
planet.
CITY COUNCIL MINUTES
APRIL 22, 2015
REGULAR MEETING
PAGE 4
CITY ATTORNEY
GALANTE
City Attorney Galante advised that a letter was received which
insinuated that this type of project was not permitted in the city. He
noted that the staff has analyzed the provisions that the former
Development Services Director analyzed when the project was
initially presented. He added that the DTSC's process is to analyze
the project and that they have advertised opportunities for any
interested person to comment on the process. This process has
actually been quite lengthy and the DTSC has finally issued an
environmental approval and that, as a result of the concerns raised,
has issued a full environmental impact report.
He noted that many of the comments received concern the safety of
the materials at the site, which is exclusively within the jurisdiction of
the DTSC. He said that it was important to note that the process has
not been quick and that the DTSC has conducted an independent
analysis on the matter. The City of lrvvindale's authority is limited to
land use and whether the facility is permissible within the city, but
that the containment of any materials is subject matter of the DTSC.
Whether or not the DTSC has prepared a thorough report will be
vetted out in court. However, he expressed disagreement with the
allegations that the facility goes against city code.
MAYOR PRO TEM Mayor Pro Tern Garcia indicated that the Council has heard the
GARCIA public's concerns, but that the Council must follow protocol.
MAYOR BRECEDA
RACHEL BARBOSA
ITEM NO. 1A
MINUTES
Mayor Breceda thanked those who spoke and indicated that the
Council is trying to communicate with Los Angeles Supervisor Solis'
Office to obtain her input.
Rachel Barbosa, representing Supervisor Solis' Office, indicated
that they are willing to talk to anybody regarding this matter.
A motion was made by Councilmember Ortiz, seconded by Mayor
Breceda, to approve the Consent Calendar; reading resolutions and
ordinances by title only and waiving further reading thereof, with the
exception of Item No. 1F, which was removed for separate
consideration. The motion was unanimously approved.
MINUTES
The following minutes were approved as presented:
1) Regular meeting held March 25, 2015
2) Regular meeting held April 8, 2015
CONSENT CALENDAR
MOTION
CITY COUNCIL MINUTES
APRIL 22, 2015
REGULAR MEETING
PAGE 5
ITEM NO. 1B WARRANTS / DEMANDS / PAYROLL
WARRANTS /
DEMANDS / The warrants / demands / payroll were approved.
PAYROLL
ITEM NO. 1C INVESTMENT QUARTERLY REPORT — MARCH 31, 2015 (Joint
INVESTMENT Item on Successor Agency and Housing Authority agendas)
QUARTERLY REPORT —
MARCH 31, 2015 The Investment Quarterly Report for March 31, 2015, was received
and filed.
ITEM NO. 1D APPROVAL OF PARCEL MAP NO. 72936 — BACA AVENUE
APPROVAL OF PARCEL
MAP NO. 72936 — BACA 1) Parcel Map No. 72936 was approved and the City Clerk, City
AVENUE Treasurer, and City Engineer were authorized to sign the map on
behalf of the City; and 2) the City Engineer was directed to submit
Parcel Map No. 72936 to the Los Angeles County Registrar
Recorder's Office for recordation and return a recorded a copy of
this parcel map to the City Clerk's Office.
ITEM NO. 1E
APPROVAL OF THE
5-YEAR RE-CERTI-
FICATION OF CITY OF
IRWINDALE SEWER
SYSTEM MANAGE-
MENT PLAN (SSMP)
RESOLUTION NO.
201 5-22-275 1
ADOPTED
ITEM NO. 1G
LEASE OF CITY'S
GROUND WATER
PUMPING RIGHTS
FOR FY 2014-2015
ITEM NO. 1H
GOLD LINE FOOTHILL
EXTENSION PROJECT -
IMPROVEMENTS AT
APPROVAL OF THE 5-YEAR RE-CERTIFICATION OF CITY OF
IRWINDALE SEWER SYSTEM MANAGEMENT PLAN (SSMP)
Resolution No. 2015-22-2751, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE, CALIFORNIA, APPROVING THE 5-YEAR RE-
CERTIFICATION OF CITY OF IRWINDALE SEWER SYSTEM
MANAGEMENT PLAN," was adopted, and the Public Works
Director / City Engineer was authorized to execute the updated
SSMP document as the City Representative.
LEASE OF CITY'S GROUND WATER PUMPING RIGHTS FOR FY
2014-2015
California Domestic Water Company's offer to lease the City's
285.38 acre feet of ground water pumping rights for FY 2014/2015
was accepted and the Acting City Manager was authorized to sign a
one-year lease for the temporary assignment of the City's water
pumping rights.
GOLD LINE FOOTHILL EXTENSION PROJECT —
IMPROVEMENTS AT THE INTERSECTION OF IRWIN DALE
AVENUE AND FOOTHILL BOULEVARD
CITY COUNCIL MINUTES
APRIL 22, 2015
REGULAR MEETING
PAGE 6
THE INTERSECTION OF 1) The deletion of the improvements at the intersection of Irwindale
IRWINDALE AVE. AND Avenue and Foothill Boulevard were accepted; and 2) the City
FOOTHILL BLVD. Engineer was authorized to send a letter to the Gold Line
Construction Authority for the deletion of the improvements.
END OF CONSENT CALENDAR
ITEM NO. 1F ASBESTOS AND LEAD ASSESSMENT AND ABATEMENT
ASBESTOS AND LEAD MONITORING AND INSPECTION REPORTS
ASSESSMENT AND
ABATEMENT
MONITORING AND
INSPECTION REPORTS
PUBLIC WORKS Public Works Analyst Rodriguez discussed the staff report.
ANALYST RODRIGUEZ
COUNCILMEMBER
MIRANDA
COUNCILMEMBER
ORTIZ
Responding to a question by Councilmember Miranda, Analyst
Rodriguez advised that it would be more cost effective to wait to
abate the contaminants until repairs at those specific areas are
needed. She advised that the contaminants are not dangerous
unless disturbed.
Councilmember Ortiz asked whether these contaminants have
existed since the facilities were built, to which Analyst Rodriguez
confirmed that they have, but noted that the buildings were built
before 1987 when it was considered safe to use these items.
MAYOR PRO TEM Mayor Pro Tem Garcia suggested returning with a cost analysis in
GARCIA the future so that problem areas can be handled on a priority basis.
MOTION
NEW BUSINESS
A motion was made by Councilmember Miranda, seconded by
Councilmember Ambriz, to 1) accept the findings outlined in the
asbestos and lead assessment and abatement monitoring and
inspection reports conducted and completed by Global
Environmental Training & Consulting, Inc., 2) direct staff to include
the findings in the City's asbestos and lead-based paint awareness
program; and 3) direct staff to develop an abatement scheduled
based on areas identified by the consultant as requiring removal.
The motion was unanimously approved.
ITEM NO. 2A METRO GOLD LINE FOOTHILL EXTENSION PROJECT —
METRO GOLD LINE SELECTION OF THE GOLD LINE IRWINDALE STATION
FOOTHILL EXTENSION DEDICATION DATE AND TIME
PROJECT — SELECTION
OF THE GOLD LINE
IRWINDALE STATION
DEDICATION DATE
CITY COUNCIL MINUTES
APRIL 22, 2015
REGULAR MEETING
PAGE 7
AND TIME
DIRECTOR TAM
MOTION
Director Tam discussed the staff report.
A motion was made by Mayor Breceda, seconded by
Councilmember Miranda, to request August 28 as the date for the
Gold Line Irwindale Station dedication date, with August 21 as the
alternate date. The motion was unanimously approved.
MID-YEAR BUDGET REPORT
Finance Analyst II Duran presented a PowerPoint presentation,
which provided information on revenue, expenditures and
adjustments, General Fund reserves, and budget challenges.
ITEM NO. 2B
MID-YEAR BUDGET
REPORT
FINANCE ANALYST
II DURAN
DIRECTOR CARREON Director Carreon further discussed the staff report.
COUNCILMEMBER
MIRANDA
Councilmember Miranda asked about mining tax, sales tax, and
utility tax income, to which Director Carreon advised that tonnage
estimates are received from the mining companies and these are
used to gauge what next year's revenues will be. The mining
companies have projected increases in tonnages, which results in
higher tax revenues for the city.
Councilmember Miranda also asked about retirement liability, to
which Director Carreon advised that an actuarial report is created
every two years which provides a snapshot for the fiscal year as to
what the city's obligation would be if it all had to be paid back
immediately. This is included as a note in the financial statements.
The actual costs are paid as they are incurred.
Councilmember Miranda then asked about the development impact
and cost allocation user fee study, to which Director Carreon
indicated that this process begun back in 2007 and that, though it's
been several years, most of that work can be used at this time. Staff
has requested the contractor to focus on the development impact
fee study since it is the highest priority and, as such, both projects
will likely not be done concurrently. Staff will report back in the future
with additional details on the studies.
Councilmember Miranda expressed his optimism in the city's
financial outlook and thanked staff for the report.
MAYOR BRECEDA
Mayor Breceda concurred with Councilmember Miranda and said he
was glad the Council has been working together towards a common
goal.
CITY COUNCIL MINUTES
APRIL 22, 2015
REGULAR MEETING
PAGE 8
COUNCILMEMBER
ORTIZ
Councilmember Ortiz asked about the additional costs for the
Irwindale Business Center sewer pump station, to which Director
Tam advised that cost increases were due to the lack of an
operational bypass system. A tank must be utilized to pump and
transport, and it is very intensive due to the inflow coming into the
station. Staff is requesting additional funding to be loaned to the
district and an internal accounting procedure will be followed to
ensure that the borrowed funds are re-paid with interest. Payments
will be made on an annual basis over five years.
DIRECTOR CARREON Director Carreon added that funding for the assessment district
comes from property tax bills.
COUNCILMEMBER
Councilmember Ortiz also asked about expenditures for the
ORTIZ
Irwindale Park improvements, to which Director Tam advised that a
report was previously provided to the Council indicating that
additional funding would be required, which the Council approved.
Councilmember Ortiz said that the future of Irwindale looks bright.
COUNCILMEMBER
AMBRIZ
MAYOR PRO TEM
GARCIA
RESOLUTION NO.
2015-21-2750
ADOPTED
Councilmember Ambriz thanked staff for the report and suggested
maintaining conservative expenditures and that the Council continue
working together.
Mayor Pro Tem Garcia asked about a cost analysis on the Wildan
financial services, to which Director Carreon the company's work
started in 2007. They have now provided a new proposal which staff
originally believed would total about $95,000, but since they can use
much of the information that was prepared previously, they can do
the work for about half the amount.
Resolution No. 2015-21-2750, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE APPROVING ADJUSTMENTS TO THE BUDGET FOR
FISCAL YEAR 2014-15, AND APPROVING A PROMISSORY
NOTE AUTHORIZING THE CITY TO LOAN A TOTAL OF $375,000
FROM THE GENERAL FUND TO THE IRWINDALE BUSINESS
CENTER SEWER MAINTENANCE ASSESSMENT DISTRICT," was
passed, approved, and adopted, and the contract for Willdan
Financial Services to complete the Development Impact, Cost
Allocation, and User Fee Studies, was approved, subject to approval
as to form by the City Attorney, on the motion of Councilmember
Miranda, seconded by Councilmember Ortiz, and unanimously
approved.
There being no further business to conduct, the meeting was
adjourned at 8:30 p.m.
ADJOURNMENT
ra M. Nieto, CMC
puty City Clerk
CITY COUNCIL MINUTES
APRIL 22, 2015
REGULAR MEETING
PAGE 9
OLD BUSINESS None.
PUBLIC HEARINGS None.
CITY MANAGER'S
REPORT
MAYOR BRECEDA
Acting City Manager Carreon advised that the Police Department
has recently conducted outreach near the Alice Rodriguez Circle
community during its "Chat with the Chief" function. Many positive
comments were received. Another similar function will be held in
May.
As requested by Mayor Breceda, Acting City Manager Carreon
briefly noted City Manager Davidson's health. Mayor Breceda
thanked Acting City Manager Carreon for filling in and suggested
that City Manager Davidson be given time to rehabilitate.
ACTING CITY
MANAGER CARREON
Approved as submitted at the meeting of May 13, 2015.