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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.