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HomeMy WebLinkAbout11/09/2016IRWINDALE CITY COUNCIL CHAMBER 5050 N. IRWINDALE AVENUE IRWINDALE, CALIFORNIA 91706 NOVEMBER 9, 2016 WEDNESDAY 6:00 P.M. The Irwindale CITY COUNCIL met in regular session at the above time and place. ROLL CALL: Present: Councilmembers Larry G. Burrola, Manuel R. Garcia, H. Manuel Ortiz, Mayor Pro Tem Albert F. Ambriz; Mayor Mark A. Breceda Also present: William Tam, Acting City Manager / Director of Public Works / City Engineer; Fred Galante, City Attorney; Anthony Miranda, Police Chief; Eva Carreon, Director of Finance; Gus Romo, Director of Community Development; Mary Hull, Human Resources Manager, and Laura Nieto, Deputy City Clerk RECESS TO At 6:00 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 Name of Case: Manuel Garcia v. City of Irwindale Case Number: KC066877 ACTION: Not discussed Conference with Legal Counsel — Threat of Litigation Threat of Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 Number of Cases: One ACTION: Discussed; updated provided; direction provided; no further reportable action taken. Conference with Labor Negotiator Pursuant to California Government Code Section 54957.6 Agency Designated Representatives: Colin Tanner, Labor Counsel Employee Organizations: IMEA, ICEA, IPOA ACTION: Update provided; no further reportable action taken. CITY COUNCIL MINUTES NOVEMBER 9, 2016 REGULAR MEETING PAGE 2 Conference with Real Property Negotiators Pursuant to California Government Code Section 54956.8 Property: North Kincaid Pit (Irwindale) / APN 8616-022-906 North Kincaid Pit (Azusa) /APN 8616-001-913 NEC Of Irwindale Avenue and 210 Freeway Negotiating Parties: City and Five Points, LLC Under Negotiation: Price and terms of sale ACTION: Update provided; direction provided; no further reportable action taken. RECONVENEIN OPEN SESSION At 6:35 p.m., the City Council reconvened in Open Session. REORGANIZATION OF CITY COUNCIL DEPUTY CITY CLERK Deputy City Clerk Nieto described the process in conducting the NIETO Council reorganization. She then opened the floor for nominations for the office of Mayor. COUNCILMEMBER Councilmember Ambriz nominated Councilmember Breceda. AMBRIZ ROLL CALL There being no further nominations, Deputy City Clerk Nieto closed the nomination period. The above-mentioned nomination was unanimously approved. MAYOR BRECEDA Mayor Breceda opened the floor for nominations for the office of Mayor Pro Tem. COUNCILMEMBER Councilmember Garcia nominated Councilmember Ambriz. GARCIA ROLL CALL There being no further nominations, Mayor Breceda closed the nomination period. The above-mentioned nomination was unanimously approved. ROLL CALL OF NEWLY -ORGANIZED CITY COUNCIL The roll call was conducted, with all members of the Council present. CHANGES TO THE AGENDA None. COUNCILMEMBER TRAVEL REPORTS None. CITY COUNCIL MINUTES REGULAR MEETING ANNOUNCEMENTS NOVEMBER 9, 2016 PAGE 3 COUNCILMEMBER Councilmember Ortiz requested adjourning the meeting in memory ORTIZ of Maria Consuelo Arroyo. He also noted an invitation received from the Our Lady of Guadalupe Church Committee to a procession in celebration of the patron of the Catholic Church, which will take place on Sunday, December 11. MAYOR PRO TEM AMBRIZ INTRODUCTION OF NEW EMPLOYEES/ PROMOTIONS PROCLAMATIONS/ PRESENTATIONS/ COMMENDATIONS PRESENTATION TO CHAMBER OF Mayor Pro Tem Ambriz reported on his attendance at a birthday function at the Senior Center and commended the Senior Center for their great work. None. PRESENTATION TO CHAMBER OF COMMERCE BUSINESS OF THE MONTH FOR NOVEMBER 2016 — SPAGHETTI EDDIES COMMERCE BUSINESS OF THE MONTH FOR The presentation was made. NOVEMBER 2016 — SPAGHETTI EDDIES PRESENTATION TO PRESENTATION TO CHAMBER OF COMMERCE BUSINESS OF CHAMBER OF THE MONTH FOR OCTOBER 2016 — MARIPOSA LANDSCAPES, COMMERCE BUSINESS INC. OF THE MONTH FOR OCTOBER 2016 — The presentation was made. MARIPOSA LANDSCAPES, INC. PRESENTATION BY PRESENTATION BY VALLEY COUNTY WATER DISTRICT VALLEY COUNTY GENERAL MANAGER JOSE MARTINEZ WATER DISTRICT GENERAL MANAGER The presentation was made. JOSE MARTINEZ COUNCILMEMBER Responding to a question by Councilmember Ortiz, Mr. Martinez ORTIZ advised that there are certain criteria that must be met in order to participate in Valley County Water District programs. COUNCILMEMBER Councilmember Burrola asked about the amount of water that the BURROLA Valley County Water District purchases, to which Mr. Martinez indicated that it produces all its water from the basin; however, the amount of water that is extracted is limited. Replenishment water is CITY COUNCIL MINUTES NOVEMBER 9, 2016 REGULAR MEETING PAGE 4 purchased to supplement the water that is extracted. Water demands remain consistent. COUNCILMEMBER Responding to a question by Councilmember Garcia, Mr. Martinez GARCIA explained that there are restrictions with water delivery due to both regulatory and physical drought conditions. He added that the basin has been prepared to accept as much rainwater as possible. SPONTANEOUS COMMUNICATIONS AL CONTRERAS Al Contreras spoke on water conservation efforts by the LA County Corps of Engineers. CONSENT CALENDAR MOTION A motion was made by Councilmember Ortiz, seconded by Mayor Pro Tem Ambriz, to approve the Consent Calendar; reading resolutions and ordinances by title only and waiving further reading thereof, with the exception of Item Nos. 1 E and 1 F, which were removed for separate consideration. The motion was unanimously approved; Councilmember Garcia abstaining on Item No. 1B. ITEM NO. 1A MINUTES ITEM NO. 113 WARRANTS/DEMANDS /PAYROLL ITEM NO. 1C RESOLUTION APPOINTING CITY MANAGER AS CITY CLERK MINUTES The following minutes were approved: 1) Regular meeting held October 26, 2016 WARRANTS/DEMANDS/PAYROLL The warrants / demands / payroll were approved (Councilmember Garcia abstaining) RESOLUTION NO. 2016-66-2880—APPOINTING CITY MANAGER AS CITY CLERK RESOLUTION NO. Resolution No. 2016-66-2880, entitled: 2016-66-2880 ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPOINTING CITY MANAGER JOHN DAVIDSON AS CITY CLERK," was adopted. ITEM NO. 1D CLAIM REJECTION — CHAVEZ V. CITY OF IRWINDALE CLAIM REJECTION — CHAVEZ V. CITY OF The claim of Chavez v. City of Irwindale was rejected and staff was IRWINDALE directed to send a standard letter of rejection. CITY COUNCIL MINUTES REGULAR MEETING END OF CONSENT CALENDAR NOVEMBER 9, 2016 PAGE 5 ITEM NO. 1E ADOPTION OF THE CITY OF IRWINDALE FRAUD POLICY ADOPTION OF THE CITY OF IRWINDALE FRAUD POLICY COUNCILMEMBER Councilmember Garcia asked clarifying questions regarding the GARCIA policy and suggested waiting to approve it until after either the meet - and -confer process to discuss the matter with the employee bargaining units is completed or until City Manager Davidson returns. ACTING CITY Acting City Manager Tam advised that, at the time of the preparation MANAGER TAM of the staff report, the city has already contacted the bargaining units for input, and has received updates. DIRECTOR CARREON Director Carreon added that the draft policy was distributed to the three units for their review and that their comments have been incorporated into the policy being proposed tonight. CITY ATTORNEY City Attorney Galante clarified that, subsequent to a GALANTE recommendation made by the state auditor, the city's executive team indicated that it would propose a fraud policy for adoption by the City Council. However, there is no obligation to approve the policy tonight. He noted that he has several changes to make to the policy and recommended approving the policy and returning a revised version of the policy at the next Council meeting. COUNCILMEMBER Councilmember Garcia stated his preference in postponing this GARCIA matter to the December meeting to see the revisions that City Attorney Galante referred to, as well as the input from the bargaining units. DIRECTOR CARREON Director Carreon noted that this policy formalizes a process by which anybody can document suspected fraud. COUNCILMEMBER Councilmember Garcia then asked whether the policy should GARCIA incorporate standards from the Fair Political Practices Commission, to which City Attorney Galante advised that such standards are probably not necessary since some, such as AB 1234 standards are already applicable by law. Also, the city has already adopted a conflict-of-interest resolution. The proposed policy is unique in that it identifies a way in which anybody can report suspected fraud. MOTION A motion was made by Councilmember Garcia, seconded by Mayor Breceda, to incorporate the changes noted earlier and table this matter to the next Council meeting for further discussion. The motion was unanimously approved. CITY COUNCIL MINUTES REGULAR MEETING ITEM NO. 1F REQUEST TO 1) APPROVE A CONTRACT SERVICES AGREEMENT WITH PLACEWORKS AND 2) APPROVE AN APPROPRIATION TO THE SPECIAL STATE FUND 35 COUNCILMEMBER ORTIZ NOVEMBER 9, 2016 PAGE 6 REQUEST TO 1) APPROVE A CONTRACT SERVICES AGREEMENT WITH PLACEWORKS FOR THE PREPARATION OF THE IRWINDALE GOLD LINE STATION TRANSIT -ORIENTED DEVELOPMENT SPECIFIC PLAN AND ENVIRONMENTAL IMPACT REPORT TO BE PREPARED PURSUANT TO CEQA GUIDELINES AND 2) APPROVE AN APPROPRIATION TO THE SPECIAL STATE FUND 35 TO BE FULLY REIMBURSABLE FOR THE METRO GRANT RECEIVED FOR THIS PROJECT As requested by Councilmember Ortiz, Director Romo discussed the staff report. Responding to a question by Councilmember Ortiz, Director Romo advised that this would cover the expense of preparing an environmental impact report. Councilmember Ortiz then suggested that perhaps this project could be incorporated into the plans for the Kincaid pit in developing a retail center with a pedestrian bridge over the freeway to connect the two sites. DIRECTOR ROMO Director Romo advised that a consultant would review the area and analyze what items should be included in the plan, including Councilmember Ortiz's suggestion. He added that he would also like to see a shuttle service between this station and the Metro station in Baldwin Park. COUNCILMEMBER Councilmember Ortiz suggested implementing an ad hoc committee ORTIZ so that residents and community members can provide input, to which Director Romo agreed and stated his belief that members of the City Council, the various city commissions, as well as residents and local business members can participate. Responding to an additional question by Councilmember Ortiz, Director Romo indicated that the consultant knows not to allow expenses to exceed the $460,000. However, if something urgent arises and requires additional funding, then staff would return to Metro and request the additional amount. Councilmember Ortiz expressed his optimism for this project. COUNCILMEMBER Councilmember Garcia expressed concern over the CalTrans ramp GARCIA and its current appearance. He suggested including surrounding areas, such as the area south of the Kincaid pit, in the project. DIRECTOR ROMO Director Romo stated this belief that CalTrans and Metro will be stakeholders as part of this review, and that all involved will have a say in the preparation of this plan. CITY COUNCIL MINUTES REGULAR MEETING NOVEMBER 9, 2016 PAGE 7 MOTION A motion was made by Councilmember Ortiz, seconded by Councilmember Burrola, to approve the Contract Services Agreement with Placeworks for the preparation of the Irwindale Gold Line Station Transit -Oriented Development (TOD) Specific Plan and Environmental Impact Report to be prepared pursuant to the California Environmental Quality Act (CEQA) Guidelines and, RESOLUTION NO. Resolution No. 2016-71-2885, entitled: 2016-71-2885 ADOPTED "A RESOLUTION OF THE CITY OF IRWINDALE CITY COUNCIL AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $460,000 TO THE SPECIAL STATE FUND 35 TO BE FULLY REIMBURSED FOR THE METRO GOLD LINE STATION TRANSIT ORIENTED DEVELOPMENT (TOD) SPECIFIC PLAN GRANT FOR FISCAL YEAR 2016-2017". The motion was unanimously approved. NEW BUSINESS ITEM NO. 2A AUTHORIZE CITY MANAGER TO EXECUTE A PROFESSIONAL AUTHORIZE CITY SERVICE AGREEMENT WITH ROYAL COACHES AUTO BODY MANAGER TO AND TOWING AND JAN'S TOWING, INC., FOR TOWING EXECUTE A SERVICES PSA WITH ROYAL COACHES AUTO BODY AND TOWING AND JAN'S TOWING, INC., FOR TOWING SERVICES CHIEF MIRANDA Chief Miranda made a PowerPoint presentation summarizing the staff report. COUNCILMEMBER Councilmember Garcia noted that a previous Chief of Police GARCIA expressed concern over issuing contracts to multiple tow providers, to which Chief Miranda advised his preference in issuing non- exclusive contracts since this allows the department to compare the services being provided by multiple companies. Additionally, the department's current computer system can assign towing duties automatically and track the results. COUNCILMEMBER Responding to a question by Councilmember Ortiz, Chief Miranda ORTIZ advised that he has never received any complaints about any of the two tow -service providers; they both have provided excellent service and they both provide excellent service. COUNCILMEMBER Councilmember Burrola thanked Chief Miranda for the detailed BURROLA report. MAYOR PRO TEM Mayor Pro Tem Ambriz commended the committee that vetted the AMBRIZ tow companies that responded to the Request for Proposals. CITY COUNCIL MINUTES REGULAR MEETING NOVEMBER 9, 2016 PAGE 8 NICHOLAS THOMAS Nicholas Thomas spoke on a bad experience with Royal Coaches and made allegations of improprieties by the company, to which Chief Miranda responded that vehicles are not towed until authorized by police departments; to be fair to the tow companies, these are not predatory since they are not authorized to tow vehicles, unless requested by private parties or the police. CITY ATTORNEY City Attorney Galante added that the contracts stipulate the GALANTE maximum amounts that the towing companies can charge, utilizing rates by the California Highway Patrol. RESOLUTION NO 2016-70-2884 ADOPTED OLD BUSINESS PUBLIC HEARINGS CITY MANAGER'S REPORT Resolution No. 2016-70-2884, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT WITH ROYAL COACHES AUTO BODY AND TOWING AND JAN'S TOWING INC., FOR TOW TRUCK SERVICES," was passed, approved, and adopted, reading by title only and waiving further reading thereof, on the motion of Mayor Pro Tem Ambriz, seconded by Mayor Breceda, and unanimously approved. None. '"M ACTING CITY Acting City Manager Tam advised that staff will present a report on MANAGER TAM the senior bus to the City Council at its December meeting; the Public Works Department will attempt to provide a traffic study for Cypress along the Nora/Fraijo area at the December meeting; and noted that there will be no second Council meeting in November. HOUSING Housing Coordinator discussed upcoming city events. COORDINATOR OLIVARES ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 7:40 p.m., in memn of Maria Consuelo Arroyo. U4A (Laora M. Nieto, CMC puty City Clerk Approved as submitted at the meeting held December 14, 2016