HomeMy WebLinkAbout2014 11 05A
7ETWITINUTMA
CITY HALL oo r Room 30
14403 EA S T _A
BALDWIN PARK, CA 91706
,.. 960-4011
A
Manuel Lozano
Ricardo Pacheco
Cruz Baca
Monica Garcia
Susan Rubio
- Mayor
- Mayor Pro Tern
- Councilmember
- Councilmember
- Councilmember
PLEASE TURNOFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS COMENTARIOS DEL PUBLICO
The public is encouraged to address the City Se invita al pOblico a dirigirse al Concilio o cualquiera
Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda,
agenda on any matter posted on the agenda or para hablar sobre cualquier asunto publicado en la
on any other matter within its jurisdiction. If you agenda o cualquier tema que este bajo su jurisdiccion.
wish to address the City Council or any of its Si usted desea la oportunidad de dirigirse al Concilio o
Agencies, you may do so during the PUBLIC alguna de sus Agencias, podra hacerlo durante el
COMMUNICATIONS period noted on the periodo de Comentarios del Publico (Public
agenda. Each person is allowed three (3) Communications) anunciado en la agenda. A cada
minutes speaking time. A Spanish- speaking persona se le permite hablar por tres (3) minutos. Hay
interpreter is available for your convenience. un interprete para su conveniencia.
CITY COUNCIL
SPECIAL MEETING – 5:30 P.M.
CALL TO ORDER
ROLL CALL: Council Members: Cruz Baca, Monica Garcia,
Susan Rubio, Mayor Pro Tern Ricardo Pacheco
and Mayor Manuel Lozano
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions
asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting.
[Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna
emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en
consideracion en juntas proximas. [Codigo de Gobierno §54954.2]
STUDY SESSION /OPEN SESSION
Presentation by Berkshire Group Consulting on transit system savings.
Presentation by the Walbern Group – Potential mixed use residential project, including a civic
plaza.
RECESS TO CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section
54956.9: Potential Case(s): Two (2)
2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Section 54956.9
Name of Case: Eastern Keystone v. City of Baldwin Park
Case Number: BS150623
Name of Case: Todd McAvoy v. City of Baldwin Park
Case Number: WC 13- 116441
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: APN #8553 - 011 -003, known as 14352 Ramona (for easement)
APN #8553 - 011 -023, known as 14300 Ramona (for easement)
APN #8553 - 001 -021, no address
APN 8553 - 011 -0900, no address
Agency negotiators: Shannon Yauchzee, Robert N. Tafoya, Daniel Wall
Negotiating parties: Bazulto 2013 Trust; Wayne Fletcher and Valda Fletcher;
ROM Investments LLC; and Baldwin Park Unified School District, respectively.
Under negotiation: Terms and price
-• -` • • r •
ADJOURNMENT
CERTIFICATION
I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the
laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not
less than 24 hours prior to the meeting on October 30, 2014.
Alejandra Avila
City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are
available for public viewing and inspection at City Hall, 2"d Floor Lobby Area or at the Los Angeles County Public Library
in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at
(626) 813 -5204 or e -mail rcaballero@baidwinpark.com.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting
will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA
TITLE II)
A
i: I I 1 0 ■ A . 0
NZ
NOVEMBER 5,2014
11 PM
COUNCIL CHAMBER
14403 E. Pacific Avenue
• ._
960-4011
RIT&MIR"D
P - A- . K
Manuel Lozano - Mayor
Ricardo Pacheco - Mayor Pro Tern
Cruz Baca - Council Member
Monica Garcia - Council Member
Susan Rubio - Council Member
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda on any matter posted on the agenda or
on any other matter within its jurisdiction. If you
wish to address the City Council or any of its
Agencies, you may do so during the PUBLIC
COMMUNICATIONS period noted on the
agenda. Each person is allowed three (3)
minutes speaking time. A Spanish speaking
interpreter is available for your convenience.
COMENTARIOS DEL PUBLICO
Se invita al publico a dirigirse al Concilio o cualquiera
otra de sus Agencias nombradas en esta agenda, para
hablar sobre cualquier asunto publicado en la agenda o
cualquier tema que este bajo su jurisdiccion. Si usted
desea la oportunidad de dirigirse al Concilio o alguna de
sus Agencias, podra hacerlo durante el periodo de
Comentarios del Pdblico (Public Communications)
anunciado en la agenda. A cada persona se le permite
hablar por tres (3) minutos. Hay un interprete para su
conveniencia.
x ip bdWii, , "Ct"')rd , .�;w ` , P itteln for an of di:
CALL TO ORDER
INVOCATION
PLEDGE OF
CITY COUNCIL
REGULAR MEETING — 7:00 PM
Council Members: Cruz Baca, Monica Garcia,
Susan Rubio, Mayor Pro Tern Ricardo Pacheco
and Mayor Manuel Lozano
REPORT ON CLOSED SESSION
ANNOUNCEMENTS
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
CalTrans presentation and report to City Council on the Interstate 10/605 Interchange project.
Presentation of a Proclamation recognizing In -Home Care Providers and declaring November
as Family Caregivers month.
Presentation to Richard and Josephine Rivera in Recognition of being selected as Senior
Center King and Queen for 2014.
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions
asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting.
[Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tome accion en algOn asunto a menos que sea incluido en la agenda, o a menos que exista algona
emergencia o circunstancia especial. El cuerpo legislative y su personal podran: 1) Responder brevemente a
declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en
consideracion en juntas proximal. [Codigo de Gobierno §54954.2]
CONSENT CALENDAR
All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be
no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from
the general order of business and considered in its normal sequence on the agenda.
1. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands Register.
City Council Agenda — NOVEMBER 5, 2014
Page 2
2. APPROVAL OF MEETING MINUTES
Receive and file:
1) Meeting Minutes of July 17, 2013, for the Special Meeting and Regular City
Council and the Finance Authority and City Housing Authority Regular Meetings.
2) Meeting Minutes of August 7, 2013, for the Special Meeting and Regular City
Council Meeting.
3) Meeting Minutes of August 21, 2013, for the Special Meeting and Regular City
Council Meeting.
4) Meeting Minutes of September 4, 2013, for the Special Meeting and Regular City
Council Meeting.
5) Meeting Minutes of September 18, 2013, for the Special Meeting and Regular City
Council Meeting and the Finance Authority and City Housing Authority Regular
Meetings.
6) Meeting Minutes of October 2, 2013, for the Special Meeting and Regular City
Council Meeting.
7) Meeting Minutes of October 16, 2013, for the Regular City Council Meeting.
8) Meeting Minutes of November 6, 2013, for the Regular City Council Meeting.
9) Meeting Minutes of November 20, 2013, for the Special Meeting and Regular City
Council Meeting and the Finance Authority and City Housing Authority Regular
Meetings.
10) Meeting Minutes of March 5, 2014, for the City Housing Authority Regular Meeting.
11) Meeting Minutes of April 2, 2014, for the Special Meeting and Regular City Council
Meeting
12) Meeting Minutes of October 1, 2014, for the Special Meeting and Regular City
Council Meeting.
13) Meeting Minutes of October 8, 2014, for the Special Meeting of the City Council.
14) Meeting Minutes of October 15, 2014, for the Special Meeting and Regular City
Council Meeting.
15) Meeting Minutes of October 22, 2014, for the Special Meeting of the City Council.
3. CLAIM REJECTION
Staff recommends City Council reject the following claims and direct staff to send the
appropriate notice of rejection to claimants:
Cuellar, Marc: Claimant alleges that vehicle was improperly impounded.
Eubanks, Nathan: Claimant alleges that vehicle was improperly impounded.
City Council Agenda - NOVEMBER 5, 2014
Page 3
4. APPROVE RESOLUTION NO. 2014 -040, ENTITLED "A RESOLUTION OF THE CITY OF
BALDWIN PARK ADOPTING "THE CITY OF BALDWIN PARK SAFE ROUTES TO SCHOOL
MASTER PLAN."
Staff recommends that Council approve and adopt Resolution No. 2014 -040, entitled "A
RESOLUTION OF THE CITY OF BALDWIN PARK ADOPTING "THE CITY OF
BALDWIN PARK SAFE ROUTES TO SCHOOL MASTER PLAN."
5. APPROVE THE PROFESSIONAL SERVICES AGREEMENT WITH EVANS BROOKS
ASSOCIATES TO PREPARE THREE CALL FOR PROJECTS GRANT APPLICATIONS
Staff recommends that the City Council approve and authorize the Mayor to sign the
professional services agreement with Evans Brooks Associates to prepare three (3) Call
for Projects transportation funding applications, and authorize the Director of Finance to
make appropriate transfers and fund adjustments.
6. APPROVE AND AUTHORIZE THE CODE ENFORCEMENT STAFF TO ADMINISTER AND
ENFORCE THE FORECLOSURE AND VACANT LAND PROGRAM
Staff recommends that the City Council authorize and direct the Code Enforcement staff
of the Baldwin Park Police Department to administer and enforce the Foreclosure and
Vacant Land Program.
7. APPROVE AND AUTHORIZE APPROPRIATION OF UP TO $30,000 FROM THE BUSINESS
IMPROVEMENT DISTRICT FUND 230 FOR MEDIA OUTREACH TO IMPROVE BUSINESS,
CIVIC AND COMMUNITY VISIBILITY.
Staff recommends that the Mayor and City Council authorize expenditures up to
$30,000 for Fiscal Year 2014/15 from the Business Improvement District (Fund 230) for
a media outreach program and the Director of Finance be authorized to execute the
necessary transfers and budget amendments and direct staff to hire a consultant or
part -time employee to develop and execute a media outreach program.
8. RATIFICATION OF THE EMPLOYMENT AGREEMENT WITH MR. MARC CASTAGNOLA,
DIRECTOR OF COMMUNITY DEVELOPMENT
Staff recommends that City Council ratify the employment agreement with Marc
Castagnola, to serve as the Director of Community Development and authorize the
Mayor to sign the agreement.
9. APPROVE THE AMENDMENT TO THE AGREEMENT WITH TAFOYA & GARCIA LLP AND
ROBERT N. TAFOYA, CLARIFYING THAT THE LEGAL SERVICES PROVIDED INCLUDE
THE SUCCESSOR AND HOUSING SUCCESSOR AGENCIES
Staff recommends that City Council approve the Amendment to the Agreement with
Tafoya & Garcia LLP and Robert Tafoya, which clarifies the terms of the Agreement to
provide that legal services rendered shall include the Successor and Housing
Successor Agencies, and authorize the Mayor to sign the Amendment.
City Council Agenda — NOVEMBER 5, 2014
..-
10. APPROVE RESOLUTION NO. 2014 -042, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, RECOGNIZING THE
IMPORTANCE OF THE IN -HOME CARE PROVIDER WORKFORCE AND NATIONAL
FIAMILY CAREGIVERS MONTH FOR THE MONTH OF NOVEMBER."
Staff recommends that Council approve and adopt Resolution No. 2014 -042, entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
CALIFORNIA, RECOGNIZING THE IMPORTANCE OF THE IN -HOME CARE
PROVIDER WORKFORCE AND NATIONAL FIAMILY CAREGIVERS MONTH FOR
THE MONTH OF NOVEMBER."
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATIONS
ADJOURNMENT
CERTIFICATION
I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury,
under the laws of the State of California, that the foregoing agenda was posted on the City Hall
bulletin board not less than 72 hours prior to the meeting. Dated this 30th day of October, 2014.
Alejandra Avila
City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are
available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public
Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of
the City Clerk at (626) 813 -5204 or via e-mail at rcaballerop,baldwin park. com.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48
hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this
meeting. (28 CFR 34.102.104 ADA TITLE II)
City Council Agenda — NOVEMBER 5, 2014
Page 5
�c
1 k
Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the
City Council.
giDUCI)a1Cs1an17_rY04
Staff recommends the City Council ratify the attached Warrants and Demands Register.
FISCAL IMPACT
The payroll for the last period was $371,548.37 and the attached General Warrants Register were
$945,629.62 for a total amount of $1,317,177.99.
LEGAL REVIEW
None Required
BACKGROUND
The attached Claims and Demands report format meets the required information as set out in the
California Government Code. Staff has reviewed the requests for expenditures for the
appropriate budgetary approval and for the authorization from the department head or its
designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive
Officer or their designee does hereby certify to the accuracy of the demands hereinafter referred
Payments released since the previous City Council meeting and the following is a summary of
the payment released:
Warrants and Demands
Page 2
1. The payroll of the City of Baldwin Park consisting of check numbers 196562- 196591.
Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of
City Employees from control number 237555- 237798 for the period of August 31, 2014
through September 13, 2014 inclusive; these are presented and hereby ratified in the
amount of $371,548.37.
2. General Warrants, including check numbers 202159 to 202436, in the total amount of
$945,629.62 constituting of claims and demands against the City of Baldwin Park, are
herewith presented to the City Council as required by law, and the same hereby ratified.
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Councilmember Cruz Baca
Councilmember Monica Garcia
Mayor Manuel Lozano
Councilmember Susan Rubio
Mayor Pro Tern Ricardo Pacheco
PUBLIC COMMUNICATIONS
Mayor Lozano opened Public Communications at 6:13 p.m.
Seeing no one wishing to speak, the Mayor declared the Public Communications closed at 6:14
p.m.
OPEN SESSION
There being no items for discussion in Open Session, Mayor Lozano recessed the Open
Session to Closed Session at 6:14 p.m.
RECESS TO CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATIONS
Pursuant to Government Code Section 54957.6:
Agency designated representatives: Shannon Yauchzee; Robert N. Tafoya
Employee Organizations: General Unit of Maintenance Employees, SEIU Local 721; Police
Officer Association; Professional and Technical Employees Association; Clerical Employees
Association; Police Management Employees Association; Classified Confidential Employees
Association; Classified Management Employees Association
Unrepresented Employee(s): City Planner; Housing Authority Manager; Community
Development Manager; Human Resource Manager; Police Chief; Finance Director; Public
Works Director; Recreation and Community Services Director
RECONVENE IN OPEN SESSION
Mayor Lozano reconvened Open Session at 8:15 p.m.
Mayor Lozano reported that Closed Session Item No. 1 will be continued to a Special Meeting of
the City Council to be held on October 29, 2014, at 6:00 p.m.
There being no further business, motion was made by Lozano, seconded by Garcia, to adjourn
the meeting at 8:17 p.m.
Mayor
ATTEST:
City Clerk
MINUTES
BALDWIN PARK CITY COUNCIL STUDY SESSION
AND SPECIAL MEETING
OCTOBER 8, 2014, 6: 00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91701
CALL TO ORDER
The meeting was called to order at 6:12 p.m. by Mayor Lozano.
ROLL CALL
Councilmember Cruz Baca
Councilmember Monica Garcia
Mayor Manuel Lozano
Councilmember Susan Rubio
Mayor Pro Tern Ricardo Pacheco
PUBLIC COMMUNICATIONS
Mayor Lozano opened Public Communications at 6:13 p.m.
Seeing no one wishing to speak, the Mayor declared the Public Communications closed at 6:14
p.m.
STUDY SESSION/ OPEN SESSION
[Council requested that Item No. 2, Los Angeles Regional Interoperable Communications
System Radio Tower, be heard prior to Item No. 1. The Minutes as transcribed here are
presented in order of the Agenda and not as heard.]
1. IMPLEMENTATION OPTIONS FOR THE ABANDONED AND FORECLOSED PROPERTY
MUNICIPAL CODE, CHAPTER 150.250
Captain David Reynoso narrated a PowerPoint presentation which provided a brief
description of the requirements of the Vacant and Foreclosed Property Registration
Program, the tasks and processes necessary to maintain the program, presented the
previous distribution of fees captured through the use of an outside vendor, and present the
duties currently being performed by Code Enforcement staff and the results of doing such
duties in house since the expiration of the contract in August 2014.
Representatives from Nationwide Cost Recovery Services, the vendor which had been
performing the services over during the contract period, discussed the activities necessary
to effectively administer such a program, spoke about the compensation arrangement
agreed to when the contract was created, and opined that the efficiency of the company
would prove to be more financially beneficial than doing these activities in-house.
Staff was directed to prepare a report which would provide the costs analysis of staff time
versus fees collected and provide it to Council for further consideration.
WT HM
01 ku
Richard ^RiCKPo|8hODk@, Senior Project Manager Radio Systems Technology, Los Angeles
Regional Interoperable Communications System (LA-RICS) began by introducing additional
LA-RICS staff who had accompanied him to answer any questions: Tomas 'Tom' Molina,
Senior Project K83O8ger.8ite/Civi|`vVhODvB[Seeath8Site8Odcivi|CO[npOOeDtoUfth8
project; NicO|8Ad8[O8h. liaison between LA-0CS and municipalities to coordinate permit,
zoning and the Site Access Agreements; Wendy Tate, assistant to the Executive Director of
the project.
Mr. PD|ehoDh8 narrated P0vverPOiOtpreSeAt8tiOO' responding tOquestions by Council
members as he progressed through the explanation of each component of the presentation.
Discussion ensued and Council asked about the feasibility of locating the proposed radio
tower pole at3 different location OO the City Hall campus; expressed concern regarding the
urgency of making a decision and requested further explanation of why the item had not
previously been presented to Council to provide more time to digest the information.
At the conclusion of the presentation, and with the response to relative questions, Council
directed staff to work with the JPA to develop plans and renderings of pole placement at
three different proposed locations on City property, adjacent to the City Hall and Police
Department, and tO make revisions tOthe agreement when the final location iG
selected. Staff was directed to provide the requested renderings and information to Council
as it pertains to locating the pole in any one of the three locations and provide at the
meeting Of October 15th a revised agreement which will reflect the final selected location of
the pole.
Mayor Lozano recessed the Study Session/Open Session to Closed Session at 8:18 p.m.
Pursuant to Government Code Section 54856.8
APN#8554-OO1-S13' located generally OD Bogart Ave 8tE Pacific Ave
negotiators: Agency Shannon Yauohzee. Robert N.Tofoya' Marc C|aategno|a
parties: Negotiating Los Angeles Regional |Dten]pe[@b|B Communications System Authority
negotiation: Under Terms and price
2. CONFERENCE WITH LABOR NEGOTIATIONS
Pursuant tV Government Code Section 54957.6:
representatives: AgencV designated 8h8OOonY8UChZee; Robert N. T8fOya
Employee : General Unit of Maintenance EDlp|Oye8S' 8BU Local 721; Police
Officer Association; P[OfeosiOO8! and Technical Employees /\S30CiatiUO; C|BriC@| EDlp{Oye8S
ASSOCie1i0O; Police K8BOGgeDlent Employees Association; Classified Confidential Employees
Association; Classified Management Employees Association
Unrepresented : City P|aDO8[; Housing Authority K8aOaQe[. COnOrDUOity
Development Manager
Page 2 of 3
Community Development Manager
RECONVENE IN OPEN SESSION
Mayor Lozano reconvened Open Session 8t9:35p.m.
REPORT FROM CLOSED SESSION
Mayor Lozano reported OO Closed Session items 8Sfollows:
Discussions OO Closed Session Item N0. 1 were concluded \D session and Staff was directed to
p�Bp�[�83t@ffR�po�1Ob�pF�SPOt�d8tth�(�ih/<�nVOci|nneetinQOf{}ctobe[15.2O14.
Closed Session Item No. 2 was not discussed and will be continued to a Special Meeting of the
City Council tObe held OO October 22.2O14,
Discussions Dn Closed Session Item No. 3were concluded iO session and Staff was directed tO
prepare 8 Staff Report tobe presented Gt the Council Meeting Of November b'2O14.
ADJOURNMENT
There being O0 further business, motion was made by Lozano, seconded by Garcia, to 8diOU[O
the meeting at 9:52 p.m.
Mayor
ATTEST:
City Clerk
Councilmember Cruz Baca
Councilmember Monica Garcia
Mayor Manuel Lozano
Mayor Pro Tern Ricardo Pacheco arrived at 5:46 p.m.
Councilmember Susan Rubio arrived at 5:59 p.m.
PUBLIC COMMUNICATIONS
Mayor Lozano opened Public Communications at 6:00 p.m.
Greg Tuttle, a local resident, opined that, in the matter of Cook v. Lozano, legal representation
should be made through a private attorney on behalf of Mr. Lozano as an individual and should
not be represented through the City; expressed his objection to a proposed agreement with the
soccer league which would allow the storing of equipment/port-a-potties on City property; stated
that the soccer league does not provide any reciprocal contribution and should not be allowed to
store on City property for free.
Thomas Kerrie, a resident of Riverside County, commented on a recent news story regarding
Mr. Flores, who was arrested for allegedly not having a driver's license; pointed out that the
driver of the vehicle is not necessarily held responsible in case of an accident and, in fact, the
vehicle owner will ultimately be held liable; expressed objection to the issuance of driver's
license to undocumented aliens.
An unidentified local resident suggested that the City request copies of the registration of
participants in the soccer league for the past five years
Mr. Luna, a local resident, expressed his objection to the City Attorney (allegedly) representing
Mayor Lozano in the matter of Cook v. Lozano; also objected to the proposed agreement with
the soccer league to store equipment on City property; suggested that the City should focus on
generating revenue.
Mayor Lozano opened Public Communications at 6:11 p.m.
Page 1 of 3
i. CONSIDERATION OF AMENDMENT TO SIGN ORDINANCE WITH REGARD TO NEW
TEMPORARY SIGNS AND BANNERS
Amy Harbin, City Planner, summarized the written report pertaining to the proposed
amendment to the Sign Ordinance and sought clarification from Council regarding the
criteria for fee reduction and conditional use of signage and banners for business grand
openings as opposed to long term promotional signage.
Council clarified its expectations, providing for a reduced fee under certain conditions,
adding promotional flags to the allowable promotional media and increasing the aggregate
Sminre footage for signs, flags and/or banners in any combination thereof. The reduced
fees and increased square footage would apply to new businesses only.
Amy Harbin, City Planner, provided a summary of the written report pertaining to the
proposed amendment to the Sign Ordinance for the regulation and permit requirements of
Electronic Reader Boards (ERB). Ms. Harbin briefly outlined the definition of an electronic
reader board and the distinction between an ERB and a Digital Billboard. She went on to
explain the proposed development standards and permit requirements, noting that the
process would require a design review in addition to the standards similar to that of a
Conditional Use Permit.
Ms. Harbin also presented for discussion a request by Allan Company which is seeking a
variance to the City Code and development standards. After brief discussion, Council found
no reason to object and directed staff to prepare a report and map to illustrate the impact of
allowing such signage.
Amy Harbin, City Planner, reviewed the written report outlining proposed changes to the
Municipal Code pertaining to billboards which would allow new digital billboards without the
provision of having to remove existing static face boards within City boundaries.
Following discussion, Council directed staff to prepare the proposed amendments and
present them by Resolution at a future meeting of the City Council.
Mayor Lozano recessed Open Session to Closed Session at 6:10 p.m.
1. CONFERENCE WITH LABOR NEGOTIATIONS
Pursuant to Government Code Section 54957.6:
Agency designated representatives: Shannon Yauchzee; Robert N. Tafoya
Employee Organizations: General Unit of Maintenance Employees, SEIU Local 721;
Police Officer Association; Professional and Technical Employees Association; Clerical
Employees Association; Police Management Employees Association; Classified
Confidential Employees Association; Classified Management Employees Association
Unrepresented Employee(s): City Planner; Housing Authority Manager, Community
Development Manager
Page 2 of 3
3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section
54956.9: Potential Case(s): Two (2)
4. CONFERENCE WITH LE GAL COUNSEL—EXISTING LIT111-ZATInKI
Pursuant to paragraph (1) of subdivision (d) of Section 54956.9:
Name of Case: Hadsell v. City of Baldwin Park
Case Number: BC548602
Name of Case: Casas v. City of Baldwin Park
Case Number: BS147794
There being no further business, motion was made by Lozano, seconded by Garcia, to adjourn
the meeting at 6:52 p.m.
M
City Clerk
MOMM
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
OCTOBER 15, 2014, 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 9171
CALL TO ORDER
The meeting was called to order at 7:10 p.m.
INVOCATION
The invocation was provided by Pastor Jackson.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led bv Mayor Lozano.
ROLL CALL
Council Member Cruz Baca
Council Member Monica Garcia
Council Member Susan Rubio
Mayor Pro Tenn Ricardo Pacheco
Mayor Manuel Lozano
REPORT ON CLOSED SESSION
Mayor Lozano stated thGt, of the items discussed in Closed Geaaion, no reportable action was
taken on Item NOS. 1. 2.@ (H3dSeU V. City Of Baldwin P@[h)' 3.b (Cook v. Lozano) . and 3.
Council directed the City Attorney tO represent the City as defendants for Item N0. 2.c, F|OFeS V.
City of Baldwin Park, Case No. BC5600841.
ANNOUNCEMENTS
CouDCi|DleDlb8[ Garcia GnO0VDCed that she is VVO[hing in conjunction with elected officials from
the City of K8oD[Ovia. to conduct @ "purse drive" in which a Co||8CfiOO of women's purses and
toiletries will be gathered to provide for facilities that assist victims of domestic violence.
COUDCi1nOeDlbe[ Rubio thanked the community and business owners for their participation iOthe
Street Fair and for helping to make the event @VVOOde[fU| SUCCeaS; expressed the hopes that
events such RG this can be held in the future.
Mayor Pro Tern Pacheco CDDlDleOted on the recent 8BOiO[S P[Onl. noting that it was @ great
success with over 2OOseniors in attendance; noted that everyone seemed to have avvondeFfU|
time and he supports continuing to hold the 8VeOƒ. He also commented DD the Street Fair,
stating that he would like to See 8VeOt8 similar to this being held closer tothe holidays to boost
patronage for the local businesses.
Councilmember Baca thanked everyone for the comments and expressions of appreciation from
the community with regard to the Street Fair; expressed her support for holding this event again
in the future. She also commended the Senior Prom and noted that everyone in attendance
had 8 terrific time.
City Treasurer Contreras commended on the Dia De Los Muertos event held at the Arts and
Community Center; noted that staff did @ wonderful job; extended @ VVe|C00R to Director Alfonso
Contreras, and Vice President K8B[g@[it8 Va[g@S, both from \/@||By County \K/@te[' and also the
Superintendent Df the School District and Beverly from Channel 4.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
CDUDCi|DOeOObe[ Garcia presented 8 Proclamation recognizing October 2Oi4@oNational
Domestic Violence Awareness Month.
PUBLIC COMMUNICATIONS
K8@yO[LOzaOoiDVifindthS- Ub|ictOSpeahDOPuNicCODl0UDic8tiOOSEt7:11 p-Dl�
Rafael GoOZ8|eS, LibrOry K8�n@g�r of ��|dvVD �@rh ��b|iC Li�r�ry. 8DDOUD�ed that the
Friends of the Baldwin P8d{ Library will he holding their Fall Book Sale OO 86tUnd@y. [}CtObe[
2 � Tm. fF�D 1O�OO 8�D. to 5�DO p�n�' OO U8GaV, [cDe[
, from 12:00 p.m. to 7:00 p.m., and
on VV8dOeGd@y. October 29. 2014' from 1:00 p.m. to 5:00 p.m.; invited the cOOODOUD\ty to attend
and support the library; Stated that there will be an Open HoVS8. rather than 8 Grand Opening,
but the date has yet to be attended; announced other upcoming program and events.
Alfonso Contreras, F8Sid8Dt of Baldwin Park, c0QQDl8Dt8d OO |feDl NO. 14' placement of 8
DlOnOpD|e on City property, which VVGS discussed during the Study Session earlier; stated that
DO[[Da//y, utility CoOOp@DieS pay property owners to Get poles or towers OD p[OpertV, including
easements, and urged COUOCi| to think about the decision that will be made with regard to
installation of the DlUOOpV|e. noting that it will be there for 8 long time to CODle and the City
should consider collecting revenue for the placement On City property.
Luna, |nC8| resident, asked whether the soccer team will be paying or whether COUOCi| is
going to give the city away;' opined that Council is giving the City away tDspecial Q[OupS and
should be seeking ways to generate revenue.
Rios, Don |oC8| resident, stated that the Street Fair was wonderful and that he [e@||y appreciated
that the CODlDlUOity C8nl8 out and enjoyed themselves; noted that it was a great opportunity for
the Police Department to get out and meet with local residents and children; stated that
residents in his neighborhood had 8 lot Of positive feedback and that they are hoping that g
similar event will be held over the holiday season.
Thomas Kerri, concerned citizen, expressed his distress with the proposed legislation regarding
su8OCe of driver's licenses to those who are not qualified; opined that unlicensed drivers are a
cause of vehicle accidents and will create more problems; pointed out that a driver's license iS8
privilege and has responsibilities that gO with it.
Vargas, Margarita |oC@| [esideOt, expressed cVOC8[O regarding Item NO. 12, which pertains to
suan8OdiDQ pOrtiVOS of the Municipal Code that relate to residency and DlOV8[DeOt Of sex
offenders within the City; requested clarification Of what the FBGo|UtiOO is and how it will affect
the COD101UDity and the safety of children.
Roxanne , representing the ADle[iC8O Cancer Society, asked to distribute @ flyer
D[0vk�ed bY the Anne[iC8D Cancer Society which describes various programs and services that
� are available to those with Cancer and their families; highlighted some of the resources available
to cancer patients including transporting patients t0 and from treatment facilities, availability of
volunteer breast cancer survivors who can talk with @ patient and relate their ovVO experiences
Tuttle, as a method of support, and other vital support programs.
Greg local resident and business owner, owner, expressed appreciation to Council for the
success of ---------th8 SUPBEt Fair; noted that the Cor0Olmlitv vvOU|d [88Uy to see SiDli|o[ events;
commented OO the Study 8eoSiOD at which representatives from the National Cost Fl8c0V8[
88rViC8S made derogatory C0Dlnl8OtS about Code Enforcement Staff and that he was
disappointed that no one appeared to defend the staff members; opined that such conduct
should be discouraged and discontinued nDthe spot and h8 feels that company representatives
are out Ofline by insulting and intimidating staff.
Magda Torrellas.@ local resident, spoke iDsupport of recognizing and supporting efforts to
CD[nb6t domestic violence, expressed appreciation for the EVnBet Fair and 0@ [}e LOS K8UertOS;
noted that such events really bring the community together.
Mrs. 8aOdOVa|' 8 B@kjvvD Park resident, stated that she and her daughter, Angelina, are holding
a school fund raiser for St. John's the Baptist School to help support families that have difficulty
with tuition; announced that [8ff|e tickets are being 8O|d for a d[8VVOg to win v@hoVS prizes,
including Playstation; also mentioned that Angelina is seeking nomination as the Snow Queen
and would appreciate support from the local community.
Mayor Lozano closed Public Communications at 7:35 p.m.
K4@yD[ LDz@OO @DDOUOCed that Item ND. 12 will be pulled for further disCUSoOO and Item NO. 14
is being removed from the Consent Calendar and will be brought back at a future meeting.
1' WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands Register.
A DlOtiOD was made by Lozano, seconded by P2CheCO3 and carried (5—O) to
ratify the Warrants and Demands Register.
AYES:
Baca, Garcia, Lozano, Rubio, Pacheco
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
2, APPROVAL OF MEETING MINUTES
Receive and file:
Meeting Minutes of December 18.2O13. for the Special Meeting and Regular City
Council Meeting.
Meeting Minutes Qf January 15,2O14. for the Regular Council, Finance Authority,
and Housing Authority meetings.
Meeting Minutes Of February 1S.2O14. for the Special Meeting, Regular City Council,
Finance Authority, and Housing Authority meetings.
Meeting Minutes VfJune 18, 2O14, for the Study Session/Special Meeting, Regular
CoUDCi|. Finance Authority, and Housing Authority meetings.
Meeting Minutes of July 2, 2014, for the Study Session/Special Meeting, Regular
Council, Finance Authority, and Housing Authority meetings.
Meeting Minutes of July 16, 2014, for the Special Meeting, Regular City Council,
Finance Authority, and Housing Authority meetings.
Meeting Minutes of September 17, 2014, for the Study Session/Special Meeting,
Regular Council, Finance Authority, and Housing Authority meetings.
A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to
approve and file the Meeting Minutes.
AYES:
Baca, Garcia, Lozano, Rubio, Pacheco
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
Staff recommends that City Council reject the following claims and direct staff to send
the appropriate notice of rejection to claimant(s):
Go Ong, Rosalinda Sally: Claimant alleges trip and fall on City property
A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to
reject the claims and authorize staff to send the appropriate notice of rejection to
claimant(s).
AYES:
Baca, Garcia, Lozano, Rubio, Pacheco
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
Staff recommends that City Council:
1. Authorize the purchase of the FuelMaster Fuel Management System under a
cooperative purchase agreement maintained by the National Joint Powers Alliance,
in accordance with Baldwin Park Municipal Code Section 34.37; and
2. Authorize the Director of Finance to make appropriate transfers and fund
adjustments.
A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to
approve and authorize the purchase of the FuelMaster Fuel Management
System under a cooperative purchase agreement maintained by the National
Joint Powers Alliance, in accordance with Baldwin Park Municipal Code Section
34.37; and authorize the Director of Finance to make appropriate transfers and
fund adjustments.
AYES:
Baca, Garcia, Lozano, Rubio, Pacheco
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
APPROVE THE CNG STATION COST SHARING AGREEMENT WITH THE COUNTY
OF LOS ANGELES
Staff recommends that City Council approve and authorize the Mayor to execute tht
Z x •�
91
cost sharing agreement.
A motion was made hv Lozano, seconded hv Pacheco, and carried (5—O) tD
approve and authorize the Mayor to execute the cost sharing agreement.
AYES:
Baca, Garcia, Lozano, Rubio, Pacheco
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
Staff recommends that City Council:
1. Authorize La Cahada Design Group to prepare construction plans and specifications
for the proposed Civic Plaza in accordance with the attached scope of services; and
2. Authorize the Director Of Finance to make appropriate transfers and fund
adjustments.
A motion was made by Loz8OO. seconded by Pacheco, and carried (5-0) tO
authorize La C@ftd8 Design Group to prepare C0nstrVC1iOO p|BOS and
specifications for the proposed Civic Plaza in 8CCVrd@DCe with the attached
scope of services; and authorize the Di[8Ctn[ of Finance to nlGhe appropriate
transfers and fund adjustments.
AYES: Baca, Garcia, Lozan0, F<ubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
7. APPROVE RESOLUTION NO. 2014-036 ENTITLED "A RESOLUTION OF THE C11
OF BALDWIN PARK ADOPTING THE CITY OF BALDWIN PARK MANUAL FOR
LIVING STREETS DESIGN"
Staff recommends that City Council approve and adopt Resolution No. 2014-036 entitled
"4 Resolution of the City of B8/dvvD P8d( Adopting the City of Baldwin Park PW8Dua| for
Living Streets Design" that establishes guiding principles and design elements so
transportation iDlp[0V8OleOtS are p|@OOed' designed, COOSt[Uct8d. operated and
maintained to encourage walking, bicycling and transit use vvhi|8 pR}DlOtiDg the safety Of
all users.
A motion was made by LozaOO, seconded by Pacheco, and carried (5-0to
approve and adopt R8So|uUOD NV. 2014-036 entitled 7\ ReSO|idioO of the City Of
Baldwin Park Adopting the City of B8|dvviO Park K88OVa| for Living Streets
Design."
1. Accept the construction iDOp[DVeDleDtS by Principles Contracting, Inc., and authorize
the recordation Of @ Notice of [:Omp|Eti0D (N[>C) with the LOS AOQe|8S County
Recorder's Office; and
2. Authorize the payment of $43,349.10 (596) CoOSt[UCtiOO FeteOhOO funds to Principles
Contracting Inc., upon expiration of the 35-day lien period.
A motion was made by Lozano, seconded by Pacheco, and carried (5 ® 0) to
accept the construction improvements by Principles Contracting, Inc., and
authorize the recordation of a Notice of Completion (NOC) with the Los Angeles
County Recorder's Office; and authorize the payment of $43,349.10 (5%)
construction retention funds to Principles Contracting Inc., upon expiration of the
35-day lien period.
AYES:
Baca, Garcia,
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to
approve and adopt Resolution No. 2014-037 entitled "A Resolution of the City
Council of the City of Baldwin Park Approving the Final Map for Tract Map
68487."
AYES: Baca, Garcia, Lozano, Rubio, Pacheco
NOES: None.
ABSENT: None.
ABSTAIN: None.
AYES:
Baca, Garcia, Lozano, Rubio, Pacheco
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
11. APPROVE AN AGREEMENT WITH HONEYWELL BUILDING SOLUTIONS T#
PROVIDE HVAC MAINTENANCE SERVICES
Staff recommends that City Council:
I . Approve and authorize the Mayor to execute the H\AAC Maintenance G8nviC8G
Agreement with Honeywell Building 8o|UtiOO8;
2. Authorize the Director Vf Finance tD pay The Berkshire Group g total of $10,432, to
be paid in quarterly installments over the next two years, for negotiation of a reduced
fee contract between the City and Honeywell.
A motion was made by LOZ@Oo. 88COOded by Pacheco, and carried (5 —0) tO
approve and authorize the Mayor to execute the H\V\C Maintenance Services
/\rjnppnOp-Ot with HonevVVe|| Building 8O|UtioOG, and authorize the Director Of
Finance to pay The Berkshire Group a total of $10,432, to be paid in qUGd8dy
installments over the next two years, for negotiation Of a reduced fee contract
between the City and Honeywell.
AYES:
Baca, Garcia, Lozano, Rubio, Pacheco
NOES:
None.
ABSENT:
None.
/\BST/\yJ:
None.
12. APPROVE RESOLUTION NO. 2014-039 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, SUSPENDING
ENFORCEMENT OF CERTAIN PROVISIONS OF THE BALDWIN PARK MUNICIPAL
CODE REGARDING SEX OFFENDER RESIDENCY AND MOVEMENT
Staff recommends that City Council approve and adopt Resolution No. 2O14-D3Sentitled
"A Resolution Of The City Council Of The City Of Baldwin P8[h, California, Suspending
EOfOn:8DleOt Of Certain PrOViGiVOS Of The Baldwin Peh( Municipal Code Regarding Sex
Offender Residency And Movement ReSt[iCtioDS."
K88yO[ Lozano pulled this item from the Consent Calendar for further discussion in
order to P8@d the Resolution in {Ul| and @OGvve[ questions of COUDCi| and the public.
The Mayor explained that because there are court cases which will have 8 direct
impact OD the enforcement of the referenced municipal COd8, it is in the best iO[en8St
of the COnOOOUOity to suspend eOfO[CeDleOt Of certain provisions of the code in order
to avert an uDiDteOboD@) ViO|aUOD of civil rights. The code will be reevaluated and
revised accordingly pending the outcome 0f those court cases.
A motion was made by LOz@On, seconded by P8Ch8C0. and carried (5-0) tO
approve and adopt Resolution NO. 2014-039 entitled "AResolution C)f The City
COUOCi| Of The City Of B8|dVViO Park, California, Suspending EOfO[Cer0eOt Of
Certain Provisions Of The B8|dVViO Park K8UDiCip@! Code Regarding Sex Offender
Residency And Movement ReStriCtiOA8."
AYES:
Baca, Garcia, Lozano, Rubio, Pacheco
NOES:
None.
ABSENT:
Nona.
ABSTAIN:
None.
Staff recommends that City Council:
Authorize the upgrade of one part-time City Services Worker position to a Graffiti
Crew to Maintenance Worker 1; and upgrade of the currently vacant Engineer
Assistant position to Associate Engineer; and
2. Authorize the Director of Finance to make appropriate transfers and fund
adjustments.
A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to
approve and authorize the upgrade of one part-time City Services Worker
position to a Graffiti Crew to Maintenance Worker 1; and upgrade of the currently
vacant Engineer Assistant position to Associate Engineer; and authorize the
Director of Finance to make appropriate transfers and fund adjustments.
AYES:
Baca, Garcia, Lozano, Rubio, Pacheco
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
VAJ j',4 [CJ:4 4 11 =1 Zt$j a 4 ZfAl • 11 Loy-All
,J 4 qLKfj jl� I ill IN] j JL9
_ • J k 16
Staff recommends that City Council approve and authorize the Mayor to sign the LTE
Site Agreement with the Joint Power Authority for the Los Angeles Interoperable
Communications System for placement of a Long Term Evolution Broadband monopole
on City property.
Mayor Lozano announced that this item is being pulled from the Consent Calendar
and will be brought back at a future meeting since additional information and
possible changes to the terms of the agreement are required.
,mss 1&U W, I 10 9.1, % 9 1011 K
MAKNOUNI
There being no other business to discuss, and all other matters having been addressed,
motion was made by Lozano, seconded by Garcia, to adjourn the meeting at 7:50 p.m.
Mayor
Manuel Lozano, Mayor
Councilmember Cruz Baca
Councilmember Susan Rubio
Mayor Manuel Lozano
Mayor Pro Tern Ricardo Pacheco arrived at 5:56 p.m.
Councilmember Monica Garcia arrived at 5:59 p.m.
PUBLIC COMMUNICATIONS
Mayor Lozano opened Public Communications at 6:00 p.m.
Ken Woods, resident, opined that there are two more projects and is concerned that parking will
be reduced and that the new projects will not generate revenue via property taxes; feels that
local residents end up having to make up the difference through prorated tax increases.
Alfonso Contreras, resident, echoed the views of Mr. Woods and stated that he believes the
exiting building, which had served as a power station, is a historical site and cannot be taken
down; suggested that any development should work to incorporate the exiting building and that
less density (in the number of housing units) should be considered.
Greg Tuttle, noted that the Montebello Housing project is said to be considered for negotiations
already and that Council should wait to entertain any more developments; Aurora Group
prepared designs and should be given a chance to present what they have developed; consider
that there could be better used as commercial rather than residential; expressed concern
regarding increased traffic congestion.
Mr. Luna, resident, implied that taxes because city will go bankrupt; stated that 10 years of
taxes and cut in half at the end of the 10 years — instead giving property tax free; citizens are
tired of paying taxes while city is being given away; inferred that taxes are being paid by
residents but not new businesses; suggested that taxes be paid for 10 years, then cut taxes in
half
Baldwin Park resident echoed the views of other speakers, opining that the city is being given
away and tax revenue is being circumvented; suggested that the citizens be allowed to vote on
the matter; noted as a reminder that next year is an election year.
Baldwin Park resident stated that she feels there is nothing wrong with developing to provide
more residential areas and that additional housing is needed; pointed out that the value of real
property in California needs to be taken into consideration and that the density of units should
be reconsidered; suggested that, if developers cannot be financially profitable with a reduced
number of units, they need to sharpen their pencils and be more cost conscious; also suggested
that, instead of having businesses located next to the Metrolink station, the City needs to
address the noise caused by the trains; suggested that the City purchase a bond for that
purpose, pointing out that eliminating the excessive noise of the trains would increase property
values and would make living close to and using the Metrolink more attractive to people.
Mayor Lorenzo called for additional comments. Seeing no one else wishing to speak, the Mayor
declared the Public rnym ni-pflnne -Incor at R A p.m.
Mayor Lorenzo noted that Council had directed Staff to work with Congresswoman Napolitano
to identify potential funding for that purpose; noted that the matter had previously been brought
to the attention of the federal government, who has jurisdiction, but without any significant
results.
Ryan Aye, Vice President of Land Acquisitions for City Ventures and Joe McClyde,
Senior Associate with Katalyst, Inc., narrated a PowerPoint presentation outlining
conceptual development plans for the city properties identified as The Depot [two
properties located generally on Badillo Street and Ramona Boulevard on the northeast
and northwest corners], and Baldwin Park Station [located general on Downing Avenue
between Pacific Avenue and Ramona Boulevard].
Mr. Aye started with the comments that City Ventures is a for-profit company and that
there is no intent to seek subsidies and that fair market value will be paid for the land
proposed for development.
Mr. Aye provided a historic background of City Ventures (CV) and Katalyst, and spoke
about some of the projects previously developed in other communities, some of which
were identified as Transit Oriented Developments (TOD), as is proposed for the
properties in Baldwin Park; noted that CV builds Green Key homes, many of which
include solar technology and are pre-wired for electric car charging.
Mr. McClyde spoke about the optional layouts of the proposed development options and
spoke about the proposed utilization of shipping containers as the framework for each
unit's structure.
Council presented questions regarding the shipping containers and their potential use;
expressed concern regarding the esthetics of using that type of construction medium.
Having concluded the presentation, Mayor Lozano announced the Study Session
concluded and Council recessed to Closed Session at 6:28 p.m.
Page 2 of 3
offiR, re"!
1. CONFERENCE WITH LABOR NEGOTIATIONS
Pursuant to Government Code Section 54957.6:
Agency designated representatives: Shannon Yauchzee; Robert N. Tafoya
Employee Organizations: General Unit of Maintenance Employees, SEIU Local
721; Police Officer Association; Professional and Technical Employees
Association; Clerical Employees Association; Police Management Employees
Association; Classified Confidential Employees Association; Classified
Management Employees Association
Unrepresented Employee(s): City Planner, Housing Authority Manager,
Community Development Manager
3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
Section 54956.9: Potential Case(s): Two (2)
4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Section 54956.9:
Name of Case: Hadsell v. City of Baldwin Park
Case Number: BC548602
Name of Case: Casas v. City of Baldwin Park
Case Number: BS147794
There being no further business, motion was made by Lozano, seconded by Garcia, to
adjourn the meeting at 6:52 p.m.
LM
mom
City Clerk
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
OCTOBER 1, 2014,7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 9171
Mayor Lozano extended condolences to the citizens of the City of Bell Gardens and the family
of Mayor Daniel Crespo due to his recent death.
Condolences were also extended to the family, friends, and fellow officers of the Covina Police
Department for the loss of Police Officer Jordan Corder, age 28, who passed away after his
motorcycle was struck by a car. Officer Corder leaves behind his wife, his mother, and his
father, a retired Covina police captain. The Mayor directed staff to prepare and send a letter of
condolences on behalf of the City and Police Department of Baldwin Park.
The Mayor closed in memory of Cookie Hasan Brown, a long-time resident and dear friend to
the Mayor and the community.
Mayor Lozano noted that he was able to view the video from the first Baldwin Park Downtown
Street Market, held on Thursday, September 25, and was impressed with the community turn
out, and he recognized the hard work of the vendors and City staff who participated. He was
pleased to see that the citizens attending appeared to be enjoying themselves and that the
event provided a much-needed boost to the businesses in the area.
Mayor Pro Tern Pacheco mentioned that there were more than 52 vendors featured 8tthe event
and the /\DlehC8Oa T8COG enjoyed @ 8igOhiC@[d boost in customer visits very the highest
patronage. He noted that the Street Market would be held twice nOnFe. OO October 2 and
October 9, and suggested that Council consider holding similar events as the holiday season
approaches tO help boost local businesses.
CDUDCi|OOeDlb8r Baca thanked the City staff and was very pleased with the CODlDlUOity
participation, particularly the f8DOi)i8S that were present. She thanked COuOCi\DlenObe[ Rubio for
pUrSUiOQ this idea and for pUnSUiOg it from concept tDfruition.
Parks and Recreation Director Manny Carrillo responded to an inquiry by Councilmember Rubio
to cOOfi[Dl th8 Senior place UO Friday, [)[tObe[ 1U m . at the Courtyard
K8@[[iOtt.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
Councilmember Garcia presented a Proclamation for Homeless Awareness Week to Todd M.
Pa|mquiet, San Gabriel Valley Consortium on Homeless.
Councilmember Baca presented a Proclamation for Festival of Diwali October 23, 2014 to Niraj
8hah, o resident ofBaldwin Park.
Mayor Pro Tern Pacheco presented a Proclamation recognizing October 2014 as National
Dental Hygiene Month to Wanda Edelman, Total Care Dental and Orthodontics.
PUBLIC COMMUNICATIONS
Mayor Lozano invited the public tO speak OD Public Communications 8ƒ7:17p.[n.
James Hunley, a local resident, expressed his objection to the City Attorney defending members
of the Council; spoke about the Public Records Act, saying that depriving 8CCeG3 to public
records i3 eDlba[[88GiOg and that public records GhOU|d be tUFO8d over to @ FequeStOrVVheR
asked for; stated that he was the one responsible for perpetuating the indictment of several
Council members @t the City OfIrwindale.
M[ LUD@, 8 BG|dVViO Park resident, opined that the best way to attract new business to B@|dYviD
P8[h is to seek bU8iDeSSeG that have the ability to bring in revenue; feels that the City does not
consider the impact oOresidents and large businesses are being given special dispensation.
Thomas Carey, (OC@| resident, commented on VVO[h performed OO his vehicle by 8 )oC8/
@UtD[ODtiVe business; expressed displeasure with the Service provided and Urged others t0
always pay for services with a credit card as it provides a method of disputing charges based on
customer dissatisfaction.
Fz8u( Cook announced that he has filed a lawsuit against one of the City officials; alleged that
the lawsuit is G result Ofhis being unjustly targeted forharassment and retaliation.
Linda Lee. a local resident, sought assist because there has been an iOc[e3S8 in problems with
mosquito bites lately.
John Rios, expressed appreciation for the Street Market event held the past Thursday evening;
opined that the children appeared to be having fun, the families were enjoying themselves and
the event overall was a success; stated that he is looking forward to the next event.
Greg Tuttle, a local resident and business owner, stated that the Police Officers did a good job
patrolling the Street Market; thanked Council and City staff, in particular Maria Moreno, for her
hard work; urged Council to consider expanding the program to include a larger area and
incorporate it with the summer Concerts in the Park.
Mayor Lozano closed Public Communications at 7:28 p.m.
Councilmember Garcia announced that she would be recusing herself from participation and
vote on the Consent Calendar for the same reasons as announced at the previous meeting [her
former employer, Meruelo Madclux Properties, which acquired by Evoq, had been involved in
discussions with L.A. Fitness on the Oval Site project; since she is a stockholder of Meruelo
Maddux/Evoq, she recused herself from vote on all consent calendar items]. Councilmember
Garcia left the daises and the Chambers at 7:48 p.m.
Councilmember Rubio requested Item No. 4 be pulled from the consent calendar for separate
consideration. Mayor Pro Tern Pacheco requested that Item No. 7 also be pulled for further
discussion.
I MT1
Staff recommends City Council ratify the attached Warrants and Demands Register.
A motion was made by Lozano, seconded by Baca, and carried (4 — 0 — 1, Garcia
abstained) to ratify the Warrants and Demands Register.
AYES: Baca, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: Garcia.
Receive and file:
1. Minutes of March 5, 2014 — Special Meeting; Regular Meeting; Housing
Authority.
2. Minutes of August 20, 2014 — Special Meeting; Regular Meeting; Finance
Meeting; Housing Authority.
3. Minutes of September 3, 2014 — Special Meeting; Regular Meeting; Housing
Authority.
A motion was made by Lozano, seconded by Baca, and carried (4 — 0 — 1, Garcia
abstained) to receive and file the Meeting Minutes specified.
AYES: Baca, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: Garcia.
3. NOMINATIONS BY RESOLUTION FOR SAN GABRIEL BASIN WATER QUALITY
AUTHORITY BOARD MEMBER c: ALTERNATE
PUMPING RIGHTS (RESOLUTION NO. 2014-034)
Staff recommends that City Council nominate •. support • . A Aguifiaga, and
adopt Resolution No. 2014.034.
A motion was made by Lozano, seconded by Baca, and carried (4 — 0 — 1, Garcia
abstained) to approve and adopt Resolution No. 2014 -034 entitled "A Resolution of
the City of Baldwin Park California Nominating Mayor /Councilmember Luis "Louie" A.
Aguinaga to Represent Cities Without Prescriptive Water Pumping Rights on the
Board of the San Gabriel Basin Water Quality Authority."
AYES: Baca, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: Garcia.
Staff recommends that the City Council authorize the purchase of one set of Rotary
Mach W618 portable lifts and accessories, and removal and disposal of the obsolete in-
ground hydraulic lift and permanent closure of the lift pit.
Councilmember Rubio requested this item be taken separately and asked staff to
clarify the nature of the purchase and the funding source to pay for the purchase.
Public Works Director Dan Wall explained that the current in- ground vehicle lift
located in the Public Works yard is inoperable and is in need of replacement; stated
that this purchase will provide for six (6) portable vehicle lifts that can be used at any
location and have the capacity to lift any one of the City's vehicles; stated that
funding will be provided from the Fleet Services Equipment Replacement and Asset
Forfeiture funds and not from the General Fund.
A motion was made by Rubio, seconded by Pacheco, and carried (4 — 0 — 1, Garcia
abstained) to receive and file the Treasurer's Report of July 2014.
AYES: Baca, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: Garcia.
y PARKING R AND
D
RECREATIONAL VEHICLES
It is recommended the City Council conduct a second reading, by title only and adopt
Ordinance 1365, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, AMENDING SECTION 72.21 OF THE CITY OF
BALDWIN PARK MUNICIPAL CODE."
MO MM r
PARK, CALIFORNIA, AMENDING SECTION 72.21 OF THE CITY OF BALDWIN
PARK MUNICIPAL CODE."
AYES: Baca, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: Garcia.
6. APPROVE AND ADOPT RESOLUTION NO. 2014-035, REVISED CITT-VIID
RECORDS RETENTION SCHEDULE i
Staff recommends the City Council approve and adopt Resolution No. 2014-035, entitled
"REVISED CITY-WIDE RECORDS RETENTION SCHEDULE," and direct staff to
implement the Revised Records Retention Schedule.
A motion was made • Lozano, seconded • Baca, and carried
abstained) Resolution No. 2014-035, entitled "REVISED CITY-WIDE RECORDS
RETENTION SCHEDULE."
AYES: Baca, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: Garcia.
Councilmember Garcia announced at the beginning of the meeting that she would
abstain from vote of Item No. 8 because she owns stock in the company, Meruelo
Maddux, which was bought out by Evoq.
Mayor Pro Tern Pacheco requested that this item be pulled from the agenda
because he had previously requested a report from the City Attorney that pertains to
this agreement.
A motion was made by Lozano, seconded by Pacheco, and carried (4 — 0 — 1, Garcia
abstained) to pull this item and hold for the next regularly scheduled Council
meeting.
AYES: Baca, Rubio, Pacheco, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: Garcia.
Councilmember Garcia returned to Chambers at 7:51 p.m. and resumed her position on the
daises.
0990M
There being no other business to discuss, and all other matters having been addressed, a
motion was made by Lozano, seconded by G-arcia, to adjourn the meeting at 8:02 p.m.
The next Regular Council Meeting will to be held on October 1, 2014, in the City Council
Chambers located at 14403 East Pacific Avenue, Baldwin Park, California. A Study Session
and Special Session will be held on October 1, 2014, beginning at 5:30 p.m., followed by Closed
Session. The Regular Business Meeting will commence at 7:00 p.m.
Mayor
Il
Manuel Lozano, Mayor
Alejandra Avila, City Clerk
MM UM
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 9171
Thenl8etnQVV8Sn@UedtDOFderbvK8myO[LOzaOOG17:OOp.nl.
11 IT, PTSIA11 IQ kil
The Pledge of Allegiance was led by Mayor Lozano.
Council Member Cruz Baca
Council Member Monica Garcia
Mayor Pro Tern Ricardo Pacheco (arrived 8t7:OOp.00.)
Mayor Manuel Lozano
ABSENT:
Council Member Susan Rubio (8XCUSed)
ANNOUNCEMENTS
Council Member Baca asked that the meeting be adjourned in memory of Virginia Perez,
mother of Public Works employee George Martinez and longtime Baldwin Park resident.
City Tme8SUPe[ Maria COOtne[@S congratulated M3h8 Contreras-Sweet for being Un8Oi[OOUS|y
appointed to the post of Secretary of the Small Business Administration by President Obama.
m
Mayor Lozano presented a Proclamation to Rosemary, 8 DMV representative and organ
�
Mayor Lozano presented Certificates of Recognition to the members of Sierra Vista High
GChVO| Boys and Girls Wrestling Te@OOS for their participation at the CIF State
Mayor Lozano presented Coach Jose Gabe Rios with a Proclamation recognizing his
retirement and thanked him for his dedication and service as Sierra Vista High Scholoy
Wrestling Coach.
City Council Regular Meeting Minutes
�
State Assembly Member, Roger HeAl8Odez'S' representative Ph0DCastro conveyed the
Assembly Member's b8StwiSheSbJbnthhighSchOO|t8GDl3aOd8ckOovvledgedthGt
leadership iS very important. Mr. Castro presented G Certificate Of Appreciation from the
Assembly Member to Coach Rios for his extreme dedication and hard work.
�
Mayor Lozano and Mayor Pro Tern Pacheco presented the Coach and members of the
Baldwin Park High School Soccer Team with Certificates of Recognition as winners of
the CIF Southern Section Division 5 Championship and announced that all of the teams
and their names will be the first to be displayed on the digital billboard off of the 10
Mayor Lozano announced public communications open and the limit of three (3) minutes for
each speaker.
Tern/K8uSe.\K/aSte��@nageAleDt.8ODOUnCedthGtfnoOlAor|15-3O'2O14.apO|�@tk]O0wiU
be accepted DtedfD[p8idiOtB[OshipG8OdsChO|g[ShipSprDg[a0SvvithVV8SteWY8DGgS0ent. She
stated they will be hiring one student per grade for the internships and are looking for
students who have overcome obstacles to attend college for the scholarship. She
requested the City's help in promoting the programs and stated the winners will be
announced iOMay.
Julian Casas, resident and head boxing coach, stated he doesn't understand how directors
and managers can make six (6) figure incomes and the boxing coaches are the lowest paid
instructors in public and private sector. He stated the salaries are below acceptable level.
Paul Cook, attorney, stated that Manny Carrillo has only given Julian C@88S@4O cent raise
over 8 fourteen (1 ) yea[p8hOd@DdhehO|dSth8Cit«GCC0Unt8b|e. ||e went ODtDtalk
about |2VVGuitS currently filed O[ that will be filed against the City.
Mr. Luna, resident, spoke about the project requesting 8$500.O00 tax exemption from the
City for the next two ! F�
[S� e stated that �G business C8O�afford bJdO business vv�hOUt
tax -eNenlDtioOStheD|he City should Oct be doing business with them. He said the City
needs revenue and one million dollars is money that can be put in the City's bank.
Jonathan Carmonaspoke on the injustice of the police department not following the law O[
the Trust Act. He stated that his sister's boyfriend was arrested because he didn't have
driver license and he was reported toICE. He said it's important, regardless if you like the
Trust Act law or not, that you follow it.
John Rios, resident, commended Council Members Baca and Garcia for not voting on the
budget last week and said there is still OOaudit. HB stated that the Ramona low-income
project will only bring gang members and Council should be enhaOCiOQthe City.
Rafael Gonzales, Library Manager, provided @Oupdate on the library redesign and stated
the project dOeSO't|0ok|ike it will be completed iOJune. He invited the Council t0participate
ino guided tour Of the site tO see the work being done. He announced two (2)upcoming
community events and said h8iS working tO bring the urban book mobile to the outdoor
summer concerts.
City Council Regular Meeting Minutes 4/2/14
There being no additional speakers, Mayor Lozano closed public communication.
Mayor Lozano responded to public communication and stated the City cannot raise taxes
without voter approval; there was no violation of the Trust Act because the person arrested
had an existing federal warrant and the federal government was contacted not ICE; and
there have been no checkpoints since December 2013 and he does not support any
checkpoints this year.
Mayor Pro Tern Pacheco explained that in the 90's there were unfair laws passed and the
City struggles to work with the community without violating the law or the rights of its
residents. He said he will continue meeting with the community within the framework of the
law and Baldwin Park is one of very few Cities willing to work with the community on these
issues. He stated he is currently working on getting grant funding so non-profit
organizations can assist the community in preparing for the diver license exam.
Council Member Baca said she is also working hard with the community and wants to help.
She urged the public to prepare for the driver license test in January and cautioned
everyone to be careful on the roads.
Council Member Garcia said she was not happy to hear this is happening in her City and
said there was a balance policy approach developed a couple of years ago by the Council to
serve the larger community so there is public safety for all and she would like to see that
policy revisited.
Council Member Garcia also thanked Amy Harbin for providing information on the City of
Irwindale notice regarding the Olive Pit Mining proposed project and requested that Director
of Community Development Mark Castagnola provide the Council with continued updates.
A motion was made by Lozano, seconded by Pacheco, and carried (4 — 0 — 0 Council Member
Susan Rubio Absent) to move Item No. 3 to the May 7, 2014, meeting and approve the
remaining Consent Calendar items as recommended.
AYES:
Baca, Garcia, Pacheco, Lozano
NOES:
None.
ABSENT:
Rubio
ABSTAIN:
None.
1. WARRANTS AND DEMANDS
Staff recommends the City Council ratify the attached Warrants and Demands Register.
2. CLAIM REJECTION
Staff recommends City Council reject the claim of Installed Building Products/O.J.
Insulation (Esteban Ortiz) and direct staff to send the appropriate notice of rejection to
claimant.
3. AUTHORIZATION TO PURCHASE A REPLACEMENT STREET SWEEPER
It is recommended that the City Council award the bid for the purchase of one street
sweeper to MarCo Equipment Company, Pomona, CA for $318,552.50.
City Council Regular Meeting Minutes
4/2/14
4. TELECONFERENCING LIMIT
It is recommended that the City Council pass Resolution No. 2014 -010 prohibiting
Teleconferencing from a remote location based upon the findings set forth in the
Resolution.
COUNCIL CITY TREASURER STAFF REQUESTS
• 1 1Lt •
Mayor Pro Tem Pacheco requested that code enforcement look into mechanics working on cars
in their front yards on Puente Avenue; requested that code enforcement follow -up on
commercial trucks parked all day throughout the City; requested that maintenance be performed
on City planters and right -of -ways on Ramona and suggested that staff consider drought
A. landscape similar to the Water District; and commended Public .works on the d ✓ork done
so far on the underpass on Puente Avenue but stated that more work needs to be done.
Mayor Lozano announced the grand opening of the Flame Broiler restaurant.
Council Member Garcia requested that more detail be included on closed session agenda items
so the public is aware.
Request on the
staff
Mayor Pro Tern Pacheco recognized the City of Baldwin Park Department of Recreation and
Community Services for earning the highest recognition from District 13 California Park and
Recreation Society for the Senior Center Prom. The City won under the Health, Wellness
and Community Life category and was presented the award at the Diamond Bar Center on
March 26th
Mayor Pro Tern Pacheco acknowledged that on March 22 -23, 2014, the Baldwin Park Police
Department Participated in the 30th Baker to Vegas Challenge Cup Relay. This is a 120
mile running relay race from Baker CA to Las Vegas. There were over 270 law enforcement
running teams from various local, state, and federal agencies along with teams from Europe
participating. Each team is made up of 20 runners and a contingency of support staff. The
BPPD Department Team finished 8th in its category.
A motion was made by Lozano and seconded by Pacheco to adjourn the City Council meeting
at 8:25 p.m. in memory of Virginia Perez.
Mayor
ATTEST:
City Clerk
10-4010-1 "OT A
MINUTES
BALDWIN PARK CITY COUNCIL SPECIAL MEETING
AP RI L 2, 2014, 5:30 P.M.
CITY HALL — 3rd Floor Conference Room 307
14403 East Pacific Avenue, Baldwin Park, CA 91706.
The meeting was called to order by Mayor Lozano at 5:30 p.m.
are��
PRESENT:
Council Member Cruz Baca
Council Member Monica Garcia
Mayor Pro Tern Ricardo Pacheco
Mayor Manuel Lozano
ABSENT:
Council Member Susan Rubio (excused)
&0
1,11
UPDATE ON THE ROYAL COACHES APPLICATION TO CONSOLIDATE PARCELS
AND BRING THE OPERATIONS INTO CODE COMPLIANCE
A presentation was given by staff.
City Council Special Meeting Minutes
4/2/14
City Attorney Tafoya reported no final action was taken on these items, thus there is nothing to
report.
Rfibllrb��
The Special Meeting was adjourned at 6:55 p.m.
EM
City Clerk
MINUTES
BALDWIN PARK CITY HOUSING AUTHORITY REGULAR MEETIN
MARCH 5, 2014,7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 9171
The meeting was called to order at 7:05 p.m. and recessed.
No 'kITTIA I,1'
The meeting was reconvened at 9:22 p.m. with all members present
Board Member Cruz Baca
Board Member Monica Garcia
Board Member Susan Rubio
Vice Chair Ricardo Pacheco
Chair Manuel Lozano
7,1 Mtn-
A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to bring this
item back to the next meeting for further review.
AYES:
Baca, Garcia, Rubio, Pacheco, Lozano
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
Housing Authority Minutes
UN-13RITISIBIAM
- .0
City Clerk
mm
3/5/14
g��
MINUTES
BALDWIN PARK CITY COUNCIL SPECIAL MEETING
NOVEMBER 20, 2013, 6:00 P.M.
CITY HALL — 3 Id Floor Conference Room 307
14403 East Pacific Avenue, Baldwin Park, CA 91706.
WITAIF• •. .!.
The meeting was called to order by Mayor Lozano at 6:00 p.m.
The following City Council members were in attendance:
Council Member Marlen Garcia
Council Member Ricardo Pacheco
Council Member Susan Rubio
Mayor Pro Tem Monica Garcia
Mayor Manuel Lozano
70 off, -0
The meeting was recessed to Closed Session at 6:01 p.m.
1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) or subdivision (d) of Section 54956.9.: One
(1) Matter
2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(GC §54956.9 (d)(1)
Adams et al v. City of Baldwin Park et al, USDC Case No.: CV12-00512 GAF(AJvvx)
BPPOA v. City of Baldwin Park et al, USDC Case No: CV13-01534 DMG(VBKx)
BPPOA v. City of Baldwin Park, LASC Case No: BS140802
Agency Negotiators: Vijay Singhal, Chief Executive Officer and other
representatives as designated
Employee Organizations: SEIU; Clerical; Professional and Technical Employees;
Police Management Employees; Confidential Employees;
Confidential Management and the Baldwin Park Police
Officer's Association; Un-represented employees; and part-
time employees.
City Council Special Meeting Minutes 11/20/13
Property: 14173 Garvey Avenue, Baldwin Park, CA 91706
Agency Negotiators: Vijay Singhal & Joseph Pannone
Negotiating Parties: The Lamar Companies
Under Negotiation: Price and terms of payment
The meeting was reconvened in Open Session at 6:59 p.m. with all City Council Members present.
Legal Counsel reported that no final action was taken on these items.
The Special Meeting was adjourned at 7:00 p.m.
Mayor
ATTEST:
City Clerk
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
NOVEMBER 20,2013,7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
The following Council Members were in attendance:
Council Member Morh*n Garcia
Council Member Ricardo Pacheco
Council Member Susan Rubio
Mayor Pro Tern Monica Garcia
Mayor Manuel Lozano
ANNOUNCEMENTS
The K8@yoF gOOOUOC8d. as required by Government Code section 54954.3. 0eDnbenS of the City
Council are also members of the Board of Directors Of the Housing Authority and Finance
Authority, which are concurrently convening with the City Council this evening and each Council
K8eDlbe[ is paid an additional stipend Of$3O for attending the Housing Authority meeting and
$5O for attending the Finance Authority meeting.
Mayor Lozano requested that the meeting close in memory of Pastor Daniel Diaz of New
Beginnings Church who was tragically gunned down. He also asked for support for the people
iO the Philippines who suffered @ tragedy and need donations.
Council Member Garcia requested that the meeting close in memory of Melissa Vargas, wife of
former Mayor Fidel Vargas.
Council Member Rubio offered her condolences to the Vargas family and requested that the
meeting close OO behalf Of Assembly Member Mike G8tto'S father, who was also tragically shot.
�
She cOOg�dU/@ƒedthe pohCe[)epa�DleOt's2O m Pride Platoon graduating d88SOD@]DbvVeU
done.
Council Member Pacheco invited the public to attend the annual tree lighting ceremony 0n
December m and the swearing in ceremony for the newly elected City officials VnDecember
City Council Minutes 11/20/13
m
Purse collection Presentation to the House of Ruth in honor of Domestic Violence
Fz[eV8Db0n Month - C0UO[j| Member Garcia presented Marina Wood, Prevention
Coordinator for the House of F<Uth. with 8 certificate of appreciation for the services they
m
Certificates of Recognition presented to the Baldwin Park Police Explorers for their
dedication and service b]the community - Police Chief Li|iH8dSeU presented the
Explorers with certificates of recognition for their service to the CODlOOUOitv and to
California Highway P8tFO| Sgt. Jose Nunez for his volunteerism to help our young
people. Th G+3t�/A SSenlb|y and State Senate also provided certificates ofrecognition,
Mayor Lozano announced that public communications is now open and the limit on each
speaker is three (3) minutes.
Ken VVOOds. resident and business owner, Stated his time oO the Water Board was short lived
but very fulfilling. He announced that his |@St gCtiOO will be to initiate G senior citizen discount
program for the residents.
Mr. Luna, resident, thanked the Council for cleaning up the City and said it makes people
appreciate Baldwin Park. He said that more parking is needed at Kaiser.
Members 0f the POSGdgCommittee presented Council Member Garcia with G small token Of
appreciation and thanked her for all the time she put iO getting donations and gifts for the kids.
They also thanked her for her support with church events and the Little League.
Cruz Baca, Council Member Elect, recognized the ladies from the Women's Club and asked the
public for donations for the Veterans Hospital which will be distributed in mid-December.
Amanda Ge[ratO.5O year resident, asked that Michelle Rivera be allowed tO read 8 poem she
authored called "My Beautiful {}ity' Council Member Pacheco requested that the poem be
included iO the NOW newsletter.
Rafael Gonzalez, Library Manager, announced the work on the Library refurbishment continues.
He thanked KA8deO Garcia for being a strong supporter of the library and said xve are going tO
miss you and we wish you the very best in your future endeavors.
Greg Tuttle, business owner, congratulated AkejGDdraAV|a. Marie Contreras and L8D8t
P@dleCD oD their rB-e\eCUOD. He also [Dade statements regarding false information in B
communication from the City Manager, the City still not having an adopted budget and the
h@r[OfU| OlO|d and GSbeStOS in City Hall.
Maude DeTrellis, resident, thanked Recreation and Community Services Director Manuel
Carrillo Jr. for doing 8D outstanding job onthe pool and asked that staff look into maintenance 0f
the showers. She also saluted Council Member M8deO Garcia and said she will bemissed.
She reminded everyone that it's the holidays and there are a lot Vf people who need help.
City Council Minutes
11/20/13
Mary Ferrer, resident, thanked Council Member Marlen Garcia and said she admires her for
giving her heart to the City. She also mentioned at the last meeting, the President of the Police
Association said they helped get the new Council elected and stated she hopes when the
Council makes decisions they make them on facts and not because you owe them.
Mr. Leon, stated an Assembly Bill on Hydraulic Fracking is currently accepting comments and
requested that the City Council submit a comment that increased drilling contributes to
greenhouse gases.
There being no additional speakers, Mayor Lozano closed Public Communications at 7:48 p.m.
Mayor Pro Tern Garcia read a letter sent to the Baldwin Park Police Association from City
Manager Vijay Singhal and encouraged the public to look at both sides of the story and -form
their own opinion.
Mayor Lozano added that Vijay Singhal is the lowest paid City Manager in the San Gabriel
Valley and the last time he received a raise was five (5) years ago. He thanked Mr. Singhal for
doing a phenomenal job.
CONSENT CALENDAR
Mayor Pro Tern Garcia pulled Item Nos. 4 and 5 for further discussion.
Council Member Pacheco pulled Item Nos. 3, 6, 8 and 9 for further discussion.
A motion was made by Lozano, seconded by Rubio, and carried (4 — 0 — 1) with Marlen Garcia
abstaining, to approve the remaining consent calendar Item Nos. 1, 2, 7 and 10.
AYES: Pacheco, Rubio, _Garcia, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: Marlen Garcia
1. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands.
(Item No. 3 was pulled by Council Member Pacheco for further discussion.)
g��
City Council Minutes
11/20/13
Council Member Pacheco stated he would like to move this item to a future date. He
said heiG concerned about enforcement.
Council Member Garcia said she would like the item discussed et this meeting because
there are people iO the audience who would like h3 speak DD this item.
Mayor Lozano announced that public comment would now be taken on this item.
Francisco LizGnla' Los Angeles County Public He8|th, gave a brief presentation.
K8[ E8ca|BOte' resident, stated he is in SUppOd of this |GVV because he VD|UOteB[S at the
High School and sees the students using tobacco products.
Mr. Hun, owner of several 7-11 stores, stated he has worked in Baldwin Park and West
Covina teaching young people not hDsmoke and he believes tobacco consumption iS
dVvVO. He also said retail iS tightly monitored and heavily regulated and he cannot sell to
Daniel Cisneros, representative of 7-11|nc..stated they are responsible retailers with
procedures iO place SO these products don't get into the hands of youth. He said it is the
marketing of cigar products that appeal toyoung people, SO that iS what needs to
change.
M[ Luna, resident, asked how the City is going to police this law and said kids will
always find G way tn buy cigarettes. He suggested higher taxes On tobacco products
which would bring revenue to the City.
Pauline GkVler, resident since 1972, stated she has worked @17-11 since 1981 and by
law they must check ID. She said customers will gOhJ other cities U} buy their items,
which will hurt business and impact jobs.
Maude [}8T[8Ui3. [eSideOt, said businesses are iO0pOrt8[d and SO are the children. She
asked the Council to find an even way to help store owners but keep it out of the hands
of the children.
John DeLeon stated that marketing is the reason kids buy into the tobacco culture.
Rolando Beltran, ovVOe[ 7-11 StOFe. said he has invested 8 lot of time and DloOBy into his
business and the City, and if the Council starts taking some of his revenues it's going to
affect him and the City.
Mr. Tuttle, business owner, stated he is an ex-smoker and this City is not going to stop
the kids from doing this. He Said the COuOd| needs to support bUSiOeSS or they're going
to run these businesses out of the City.
With no one else wishing to speak, Mayor Lozano closed public comment on Item No. 3.
Council Member Garcia thanked everyone for the dialogue and said this change tOthe
ordinance iShJcontinue the healthy community. She said the City has been recognized
nationally and the kids are healthier because of our efforts over the last ten (1O) years.
City Council Minutes
11/2O/13
Council Member Pacheco stated he feels this k68 false sense 8fsecurity. He said heiS
willing to work with the cO0DlUDitv to find G better way to enforce that Chi|d[8O d0 not
smoke. He said the SO|itiOD to this ordinance is working together to have 8 Sy8t8rO in
Council Member Rubio stated her concern is supporting something that is not going to
YVD[k. She said her goal is to stop the youth from smoking and at this point she doesn't
want tU support this because she needs time tO research itfurther.
Mayor Pro Tern Garcia stated she has seen the various changes in our City and she
would like @solution. She said she isn't sure if prohibiting this product iS the solution.
She would like to meet in order to put a plan together for both sides.
MayDrLDzaDOUlankedCoUntvPuh|iCHBa0laOd7-11beCaUSetheVgnBVV0hdOgvvith
the City. He stated he would like this item brought back.
Council Member Garcia stated she would like to recognize 7-11 for being a great partner
and urged the Council b} continue the work that has been done sO far and b} not let this
item die.
A motion was made by Lozano, seconded by Rubio, and carried (5-0to bring this item
back in order to consider dialogue with the businesses.
AYES:
Garcia. Pacheco, Rubio, Garcia, Lozano
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
2\ Authorize the Director of Recreation & Community Services to execute and further
(Item No. 4 was pulled bv Mayor Pro Tem Garcia for further
City Council Minutes
11/20/13
Council Member Pacheco stated this item also addresses Barnes Park which he has
worked to improve in the past and looks forward to continuing to improve it. He thanked
staff for all of their work.
A motion was made by Monica Garcia, seconded by Lozano, and carried (5 — 0) to
approve Item No. 4.
AYES:
Garcia, Pacheco, Rubio, Garcia, Lozano
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
5. ADOPTION OF RESOLUTION NO. 2013-038 APPRO10ING THE APPLI....I.TION .,
FUNDS GRANT O. SAN GABRIEL A.
MOUNTAINS AND LOWER LOS ANGELES RIVER GRANT PROGRAM UNDER THE
SAFE NEIGHBORHOOD .. CLEANWATER, CLEAN AIR, AND • a
PROTECTION BOND ACT OF 2000
Staff Recommends the City Council:
2) Authorize the Director of Recreation & Community Services to execute any further
documents.
(Item No. 5 was pulled by Mayor Pro Tem Garcia for further discussion.)
Mayor Pro Tern Garcia stated that Item No. 5 is also related to Walnut Creek Nature
Park and she thanked County Supervisor Gloria Molina for donating $200,000 and
thanked staff for working on this project.
A motion was made by Monica Garcia, seconded by Lozano, and carried (5 — 0) to
approve Item No. 5.
AYES:
Garcia, Pacheco, Rubio, Garcia, Lozano
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
City Council Minutes 11/20/13
(Item No. 6 was pulled by Council Member Pacheco for further discussion.)
Council Member Pacheco stated these street light improvements will improve pedestrian
safety throughout the City especially in areas that really need it.
A motion was made by Pacheco, seconded by Rubio, and carried (5 — 0) to approve
Item No. 6.
AYES:
Garcia, Pacheco, Rubio, Garcia, Lozano
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
SECOND READING OF ORDINANCE 1359. THE ADDITION OF SECTION
3.170.107 TO THE CITY'S MUNICIPAL CODE RELATING COMPREHENSIVE
APPLICANT: SIGN PROGRAMS (LOCATION: CITYWIDE; r
CASE NUMBER: AZC-174)
Staff recommends that the City Council adopt Ordinance 1359 on second reading, read
by title only and waive any further reading thereof.
. TRANSIT ORIENTED DEVELOPMENT SPECIFIC PLAN FOR THE DOWNTOWN
AREA OF BALDWIN PARK - -- REQUEST FOR PROPOSAL
Staff recommends that the City Council approve the Transit Oriented Development
Specific Plan consultant request for proposal and authorize staff to issue the request for
proposal.
(Item No. 8 was pulled by Council Member Pacheco for further discussion.)
Council Member Pacheco read aloud the background information on this item. He
referenced a report done previously by a consultant that raised issues regarding not
enough parking in the downtown and he said the City needs to make the downtown
more attractive to developers.
A motion was made by Pacheco, seconded by Rubio, and carried (5 — 0) to approve
Item No. 8.
AYES:
Garcia, Pacheco, Rubio, Garcia, Lozano
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
. AWARD CONTRACT FOR CITYWIDE TREE TRIMMING SERVICES TO WEST
COAST ARBORIST
Staff recommends that the City Council:
1) Award Maintenance Service Contract to West Coast Arborist, Inc. in the amount of
$95,000; and
2) Authorize the Mayor to execute the attached agreement.
(Item No. 9 was pulled by Council Member Pacheco for further discussion.)
City Council Minutes
11/20/13
Council Member Pacheco stated he would like this item moved to the next meeting to
give him an opportunity to meet with the Public Works Director to see if City staff can do
this in-house.
A motion was made by Pacheco, seconded by Rubio, and carried (5 — 0) to move Item
No. 9 to the next meeting.
AYES:
Garcia, Pacheco, Rubio, Garcia, Lozano
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
A motion was made by Lozano and seconded by Marlen Garcia to adjourn the City Council
meeting at 9:03 p.m. to the Housing Authority and Finance Authority meetings, and in memory
of Pastor Daniel Diaz, Melissa Vargas and Assembly Member Mike Gatto's father.
AM
ATTEST:
City Clerk
MINUTES
BALDWIN PARK FINANCE AUTHORITY REGULAR MEETING
NOVEMBER 20,2013,7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
Board Member Marlen Garcia
Board Member Ricardo Pacheco
Board Member Susan Rubio
Vice Chair Monica Garcia
Chair Manuel Lozano
None.
1. TREASURER'S REPORTS: AUGUST 2013 & SEPTEMBER 2013
Staff recommends that the City Council receive and file the August 2013 & September
2013 Treasurer's Reports.
A motion was made by Lozano, seconded by Monica Garcia, and carried (5 — 0) to
receive and file the August 2013 & September 2013 Treasurer's Reports.
AYES:
Garcia, Pacheco, Rubio, Garcia, Lozano
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
A motion was made by Lozano, seconded by Monica Garcia and carried (5 — 0) to adjourn the
Finance Authority meeting at 9:05 p.m.
Chair
Secretary
MINITES
BALDWIN PARK CITY HOUSING AUTHORITY REGULAR MEETING
NOVEMBER 20, 2013, 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacc Avenue, Baldwin Park, 91706
CALL TO ORDER
The meeting was called to order at 7:00 p.m. and recessed.
RECONVENE
The meeting was reconvened at 9:01.3 all Board ftAnrrk=ro present. av
ROLL CALL
Board Member Marlen Garcia
Board Member Ricardo Pacheco
Board Member Susan Rubio
Vice Chair Monica Garcia
Chair Manuel Lozano
None.
1. TREASURER'S REPORTS: AUGUST 2013 & SEPTEMBER 2013
Staff recommends that the City Council receive and file the August 2013 & September
2013 Treasurer's Reports.
A motion was made by Lozano, seconded by Monica Garcia, and carried (5 — 0) to
receive and file the August 2013 & September 2013 Treasurer's Reports.
AYES:
Garcia, Pacheco, Rubio, Garcia, Lozano
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
U1 11106111
A motion was made by Lozano, seconded by Monica Garcia and carried (5 — 0) to adjourn the
Housing Authority meeting at 9:04 p.m.
Chair
FAV
. §11WOM
Secretary
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
NOVEMBER 6, 2013, 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 917011..',
CALL TO ORDER
The meeting was called tO order bv Mayor Lozano 8t7:O5p.Dl.
INVOCATION
The invocation was provided bV Pastor Jackson.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Lozano.
ROLL CALL
The following COUOO\| K880be[s were in attendance:
Council K4e[Qbe[W1a[|eR Garcia
Council Member Ricardo Pacheco
Council K8e[Obe[ Susan Rubio
Mayor Pro Tern Monica Garcia
Mayor Manuel Lozano
ANNOUNCEMENTS
The Mayor 8OOOUDCed. as required by GOVe[ODl8Dt Code section 54954.3. members of the City
Council are also members of the Board of Directors of the Housing Authority and Finance
Authority, which are concurrently CDDV8niOg with the City COUOCi| this evening and each COUOCi|
K88Dlbe[ is paid GO additional stipend Df$3Ofor attending the Housing Authority meeting and
$5O for attending the Finance Authority meeting.
Mayor Lozano congratulated GU8aO Rubio, K8a[i8 [|ODtFe[aS and A! j@Od[aAVi|@ oO their re-
election oOdoongratu|a[adCruz Baca an the newly elected Council Member. The Mayor also
recognized Carlos Lopez elected tothe School Board, Teresa Vargas re-elected School Board
KUannber, Laura Santos elected to Mount Sac Board of Trustees, Al Contreras re-elected to the
Water Board, Lanet Pacheco and Mariana Lake re-elected iothe Los Angeles County Water
District, and Paul H8[O8OdeZ elected to the Water Board. The Mayor also thanked K8[. VVOodS
for his service on the Water Board.
Mayor Lozano requested that the meeting @diOU[O in memory Of Salvador Ruben Ho|QUiD.
|OOgU0e resident and active SeD\Or in the City. K4@yD[ LOzGOO also wished t0 send the COUDoi|'G
condolences tO the family of Joe Lee' an active S8Oio[ in Baldwin Park, who passed away.
Council Member Garcia thanked all of her supporters and congratulated Laura GGntDS for her
victory OD the Mount Sac Board of Trustees. She stated it has been 8 VVOOderfU| experience
representing B@|dVViO Park and she is fortunate to have served for fourteen /14\ years.
Mayor Pro Tern Garcia congratulated all of the winners and especially wanted to acknowledge
everyone that stayed very positive during the election.
Council K8eDlbg[ Pacheco congratulated all the winners, noting that there was a lot Of paSSiOO,
and a lot ofpeople got together and t8|h8d about the issues in the community working together.
City Council Regular Meeting Minutes 11/6/13
He also congratulated Laura Santos OOa great campaign message and the first ƒOrepresent
Baldwin Park iD the new seat. Council Member Pacheco asked that the meeting also adjourn iD
memory of Ruben T. G8[c}8. @ 32'yea[e0p|Oyee of Baldwin P8[h, who naCBDdy retired and just
passed away.
Council Member Rubio congratulated everyone.
Mayor Pro Tern Garcia announced she will be leaving the City Council meeting at 8 p.m. due to
aO early morning flight.
PUBLIC COMMUNICATIONS
Mayor Lozano announced the opening Of public communications and the limit of three '3`
minutes for each speaker.
Jeannette Hyman, SCIL, explained that her nonprofit organization assists with free advocacy,
housing, assisted technologies, peer counseling, computer literacy pFOg[arO` b[ai|t[8iniOQ and
stated that over 50% of their employees are disabled. She announced they will be holding @
health awareness fair in Baldwin Park in the near future and is here to let the Council know that
her agency iaout there offering services to their constituents.
Thomas Carey, former resident, congratulated the winners of the new Council. He spoke ODthe
City budget, the positive changes oO the Council, and bringing new business to the City.
M[ LUD@, resident, stated that the containers on Athol Street have been there 8 long time and
should be removed but not at the City's expense. He stated the Council was voted iOtO look @t
the City and clean itup.
Julian Casas, head boxing coach, stated he wants to officially congratulate Cruz Baca, Susan
Rubio and Laura Santos on their victories.
Aboxing program participant congratulated Cruz Baca' Susan Rubio and Laura Santos.
Paul Cook stated that yesterday was @ glorious day iD the City 0f Baldwin Park and thanked
everyone that OO@d8 it possible. He thanked Gregg Tuttle for exposing the Co[[U[tinD; he
congratulated Cruz Baca and Susan Rubio, and said the boxers were the ones who took the
last votes away from K8gr|en Garcia.
Margarita Vargas, resident, said when she sees 29'518 registered voters and only 4.00O
actually voted she does not call that democracy. When she sees at least 51% of registered
voters going tO the polls then that isdemocracy. She requested that the City Clerk develop a
program tO get citizens tovote.
J0D8th@O FlDDl8rO, resident and employee of Baldwin Park, stated he is working in horrible
working conditions, has never been properly trained to work with hazardous materials or
vaccinated for hepatitis B, has not had a raise in six years, and said the City is unprepared if
there were a O@tV[G| disaster today.
Louis N1eOdeZ' former resident, invited the City {|QUDCi| to attend the First Annual Health Fair at
Foster Elementary School oO November 1O m . He said the Fire Department, Home Depot and
Waste Management will all be there offering free services and checkups. He said there will also
be raffle prizes and all the proceeds will Qo directly tQthe school.
Page 2OfG
City Council Regular Meeting Minutes
11/6/13
Terri Muse, Waste Management, congratulated Cruz Baca, Susan Rubio, Marie Contreras,
Alejandra Avila and the Mayor on their successful election. She also said she is proud of
Council Member Garcia and announced they have partnered with Baldwin Park High School
Earth Academy students in an educational program called The Clean Cart Challenge and the
winner will be announced in December.
Greg Tuttle, business owner, congratulated Susan Rubio, Cruz Baca, Laura Santos and Al
Contreras on their election. He said this was a victory for the citizens and residents and he
hopes it is a smooth transaction when we get Cruz Baca. He said the new majority is for the
residents.
John DeLeon congratulated the winners iers of the election and said he hopes what Council
Member Rubio stressed during her campaign, that she would like to see City Council be more
cordial, comes to fruition. He said this is a fresh start and [Coucil] can work at tackling the big
problems faced as a community.
Resident public speaker, congratulated Marie Contreras, Alejandra Avila, Susan Rubio and
Cruz Baca and Mayor Lozano for their re- election.
Jason Adams, President of the Baldwin Park Police Association, congratulated everyone who
was successful in their campaign. He said the Baldwin Park Police Association will not be going
away and if the election had gone the other way he would be here talking about not outsourcing
the police department. He said he is looking forward to a new day in the City of Baldwin Park
and will continue to support those who are here for the community.
Maude DeTrellis, resident, congratulated those who won and thanked Council Member Garcia
for the years that she has put in with the City and for the veterans. She said she hopes the
Council will put the things the City needs to a vote of the constituents and hopes [the
community] can move forward.
With no one else wishing to speak, Mayor Lozano closed Public Communications.
Mayor Lozano announced the Annual Veteran's Celebration will be held on Monday at 1 :00 p.m.
and welcomed the public to attend.
Mayor Lozano pulled Item No. 4 for further discussion.
A motion was made by Lozano, seconded by Marlen Garcia, and carried (5 — 0) to approve
Item Nos. 1, 2 and 3 on the consent calendar.
AYES: Garcia, Pacheco, Rubio, Garcia, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: None.
Staff recommends City Council ratify the attached Warrants and Demands.
City Council Regular Meeting Minutes
11/6/13
Staff recommends City Council reject the claim of Stephanie Y Flores, Arnold Lutz, and
Frank Zarate and direct staff to send the appropriate notice of rejection to claimant.
C. INTRODUCE ORDINANCE NO. 1360 AMENDING SECTION 125.010 AND 125.020 Ow
THE BALDWIN PARK MUNICIPAL CODE TO PROHIBIT THE SALE OF SINGLE
CIGATS
Staff recommends that the City Council introduce by first reading by title only Ordinance
No. 1360, "AN ORDINANCE OF CITY COUNCIL OF CITY OF BALDWIN PARK
AMENDING SECTIONS 125.010 AND 125.020 OF THE BALDWIN PARK MUNICIPAL
CODE TO PROHIBIT THE SALE OF SINGLE CIGARS (APPLICANT: CITY OF
BALDWIN PARK)"
After voting to approve this item under the Consent Calendar, Council Member Pacheco
reopened the item and requested that it be moved to the next meeting.
Council Member Garcia stated there are members of the audience waiting to speak on
this item.
By a consensus of the City Council, Item No. 3 was reopened to hear public comment.
Public Speaker stated he is opposed to this item but is willing to come back on another
date to speak.
Resident spoke in support of this item because he said single cigarettes cause damage
to his family and the community.
A subsequent motion was made by Lozano, seconded by Marlen Garcia, and carried
(5 — 0) to move Item No. 3 to the next meeting.
AYES:
Garcia, Pacheco, Rubio, Garcia, Lozano
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
•� •r:
Staff recommends City Council waive further reading, read by title only and introduce for
first reading, Ordinance No. 1361 entitled, "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK, CALIFORNIA, REPEALING CHAPTER 150 OF
TITLE 15 AND ADDING A NEW SECTION TITLE 15 TO CHAPTER 150 OF BALDWIN
PARK MUNICIPAL CODE BY ADOPTING BY REFERENCE, TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, SPECIFICALLY THE 2010 EDITION OF THE
CALIFORNIA BUILDING CODE; THE 2013 CALIFORNIA GREEN BUILDING CODE;
THE 2013 CALIFORNIA RESIDENTIAL CODE; THE 2013 EDITION OF THE
CALIFORNIA ELECTRICAL CODE; THE 2013 EDITION OF THE CALIFORNIA
MECHANICAL CODE; THE 2013 EDITION OF THE CALIFORNIA ENERGY CODE;
City Council Regular Meeting Minutes
11/6/13
(This item was pulled by Mayor Lozano for further discussion.)
Mayor Lozano read the title of Item No. 4.
The Staff Report was presented by Building Official Gene Logan.
Mayor Lozano called for public comment and seeing none closed public comment.
A motion was made by Lozano, seconded by Marlen Garcia, and carried (5 — 0) to
approve Item No. 4.
AYES:
Garcia, Pacheco, Rubio, Garcia, Lozano
NOES:
None.
ABSENT:
None.
ABSTAIN:
None.
.•. • •
Staff recommends City Council to adopt Resolution 2013 -035 titled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND
ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN
AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO COMPREHENSIVE
SIGN PROGRAMS. (APPLICANT: KAISER PERMANENTS; CASE NUMBER: AZC-
174);" and
Staff recommends City Council introduce by first reading by title only Ordinance 1359,
"AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING
SECTION 153.170.107 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO
COMPREHENSIVE SIGN PROGRAMS. (LOCATION: ALL COMMERCIAL,
INDUSTRIAL AND MIXED USE ZONES; APPLICANT: KAISER PERMANENTE; CASE
NUMBER: AZC- 174)."
Mayor Lozano read the title of Item No. 5.
Council Member Garcia recused herself because she is an employee of Kaiser
Permanente.
-,.- : =
City Council Regular Meeting Minutes
11/O/13
Skyler Denniston, Senior Land Use Manager Kaiser Permanente, thanked Community
Development staff for their assistance with this ordinance and offered to answer any
questions the City Council has.
Mayor Lozano called for public comment and seeing none closed public comment.
A motion was made by LOz8DO. seconded by P8CheCO. and carried (4—O— 1) with
Council Member Garcia abstaining, tDadopt Resolution 2O13-O35 titled 7\
RESOLUTION (]F THE CITY COUNCIL OF THE CITY C}FBALDVV|NPARK
APPROVING AND ADOPTING THE NEGATIVE DECLARATION C)F
ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL
CODE RELATING TC} COMPREHENSIVE SIGN PROGRAMS. A\PPL|C4NT: KAISER
PE��N1AN��JTE� �AGE NUPABER� /\�C-174\�" @Rd p[�S8�t @O ordinance for
and first reading bv title only Ordinance 1358' "AN ORDINANCE [}F CITY COUNCIL C>F
THE CITY {}FBALDVV|PJ PARK ADDING SECTION 153.17D.1O7TO THE BALDVV|N
PARK MUNICIPAL CODE RELATING TO COMPREHENSIVE 8|GM PROGRAMS.
(LOCATION: ALL COMMERCIAL, INDUSTRIAL AND K8|}(ED USE ZONES;
APPLICANT: KAISER PERK8ANEWTE; {}AGE NUMBER: /\ZC-174\."
AYES: Pacheco, Rubio, Garcia, Lozano
NOES: None.
ABSENT: None.
ABSTAIN: M@denGarcia.
Amotion was made by Lozano and seconded by Monica Garcia to adjourn the City Council
meeting at 8:01 p.m. in memory of Salvador Ruben Holguin, Joe Lee and Ruben T. Garcia.
Mayor
City Clerk
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
October 16, 2013, 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 9170t
City Council Regular Meeting Minutes
California Association Of Housing Authorities Housing American Month
Recognition and Presentation to Baldwin Park Housing Authority for High Performance
Section Eight Management Assessment Program (GEMAp) Rating.
Ana Gamez, President of California Association of Housing Authorities, recognized the
outstanding job that the Housing Authority [f Baldwin Park has done; she presented 8
plaque tothe team for their significant improvement tO the agency; she noted the
importance of the agency's work since many of the beneficiaries of their work are
individuals with disabilities and the elderly.
Mayor Lozano noted that it is important to recognize the hard work of those who work in
the HOUs\OQDepartment.
Council Member Pacheco applauded Susie RUekas and her team for their work.
Mayor Lozano announced that opening 0f public communications and the limit Of three CB
minutes for each speaker.
Ken Woods noted his work 8s8Valley County Water Board Member and asked for prayers
for his wife who is in the hospital.
Art Luna stated that the overpass oDAthol Street has empty containers that need to be
removed. He opined that the COuO{j|080benB have allowed people to destroy the {}it»' and
that CouOci|noennbena are not doing a good job a1 keeping the city clean. He also noted that
CouOCi|0e0be[S VvoU!d be in legal tn}Ub|B if they do not pay for police officers' retirement.
Bert Saavedra stated that she has lived in Baldwin Park for 13years. She expressed her
frustration with failed attempts to obtain iOfO0nadiDO about the City FOnJDl for Elected
[JffiCiG|S. She noted problems with pollution and education iO the city and expressed that itis
unfortunate that, as a voter, she is not able to easily reach candidates who are running for
elections.
�
Thomas Kerri asked that people who witnessed important events come forward and give their
t9SUDODOy. He noted that there have been no witnesses with regard to the killing of Jonathan
Denver Priest, but that the District Attorney's Office will not get away with sweeping the
incident under the rug.
Julian {}8Sas stated that the boxing trainers have been fighting b] restore the boxing program.
He added that, although the City has made some steps iO the right direction, the residents
have lost their trust in their leaders. He announced that he filed @ lawsuit against Vijay
Singhal for not complying with the law in regards to public records requests.
Rar��Hu��������d�R����i� his d��h���t��p�[�
OOe - but that, due hO cuts iD the program, his daughter would not be able bJ enjoy the
p[Dg[@OD GGhedid.
Paul Cook stated that last week Mayor Lozano violated the law when he shut down public
communications during the City Council Meeting. He passed out G copy Df the Mayor's
bankruptcy, and stated that he will present shameful pictures of the Mayor if the Mayor
City Council Regular Meeting Minutes
10/16/13
continues to call him a "fabricator." He also noted that he filed a lawsuit against the City
because the Mayor does not follow the law since he does not respect the right of Free
Speech. He repeatedly called the Mayor the "shame of the City", and asked him to resign.
Jerry Jacobsen, representing TLC Pet Centers, announced that they held a Pet Clinic at the
City's facilities to promote the well being of animals through education.
Dr. Casillas noted that he is very happy with the City, and that he is providing free medical
treatment for animals and education about animal treatment through a program called
Suffering In Silence.
Magda Torrellas noted that she would like for everyone to get along instead of showing
disrespect and hate during public communications. She noted that Baldwin Park is one of
Ul L UU1111 communications. Q -..- - 1 -1.1 �
the best cities in the San Gabriel area.
Mary Ferrero noted that residents do not know what "ICMA-RC 457" in Item No. 3 refers to.
She also noted that Mr. Casas did not provide adequate brochures, and that his criticism of
the City Council was inappropriate.
There being no additional speakers, Mayor Lozano closed public communications.
CONSENT CALENDAR
(Item Nos. 3 and 4 were pulled for further discussion)
A motion was made by Pacheco, seconded by Lozano, and carried (4 - 0) to approve Item Nos.
1 and 2.
1. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands.
2. CLAIM REJECTION
Staff recommends City Council reject the claim of Robert Moreno Insurance and
Trinidad Morales and direct staff to send the appropriate notice of rejection to claimant.
3. AUTHORIZATION TO ALLOW ELIGIBLE EMPLOYEES WITH ICMA-RC 457
ACCOUNTS TO OBTAIN LOANS AND APPROVE ATTACHED RESOLUTION 2013-
036 AND LOAN GUIDELINE AGREEMENTS
Staff recommends that the City Council adopt resolution 2013-036 amending the current
agreement and approve the attached loan guidelines agreements and authorize the
Mayor to execute the appropriate documents.
(Mayor Lozano pulled this item for further discussion.)
Craig Graves, Director of Finance, noted that the ICMA-RC 457 accounts allow
employees to take loans against proceeds they have put in their compensation plans.
He explained that "457" is a type of compensation plan similar to a 401 K.
r„r- M
10/16/13
Council Member Pacheco noted that page 2 states that the City has to select between
"loans for all purposes" and "loans for hardships," and suggested that the City select
"loans for all purposes."
A motion was made by Lozano, seconded by Pacheco, and carried (4 — 0) to approve
Item No. 3.
4. UPDATE ON POLICE OFFICERS ASSOCIATION (POA) LABOR NEGOTIATIONS
D LITIGATION
It is recommended the City Council receive and file this report.
(Mayor Pro Tem Garcia pulled this item for f' rther discussion.)
Mayor Pro Tern Garcia asked that Vijay Singhal summarize what the City Council has
been doing for the past two or three years to promote transparency.
Vijay Singhal, Chief Executive Officer, summarized the negotiation process between the
City and the Police Officers Association (POA). He also noted that the last
Memorandum of Understanding (MOU) expired in 2010, and that the City has had 19
meetings with the POA since 2010 but have not been able to disclose the negotiations
because of confidentiality requirements. He reported that the City has not been able to
achieve any concessions from the POA and assured residents that the City has
negotiated in good faith.
Mayor Pro Tern Garcia noted that the initial proposal is attached and that the analysis
prepared by the Finance Department indicates that the proposed item would increase
the City's liability by about $4 million dollars. She asked that Mr. Singhal summarize the
votes taken during Closed Sessions regarding this item.
Mr. Singhal stated that, during Closed Session Meetings, Mayor Pro Tern Monica
Garcia, Council Member Marlen Garcia, and Mayor Lozano voted against this item, anc
that Council Members Ricardo Pacheco and Susan Rubio suggested that longevity pay
be granted.
Mayor Pro Tern Garcia noted that their suggestion would have amounted to an
unbearable increase in costs to the City.
Council Member Pacheco noted that this report could be a violation of labor laws with
regards to good faith negotiations with the POA because the POA was asked to waive
the right to allow this item be discussed openly. He expressed dissatisfaction with the
discussion of Closed Session votes.
Council Member Rubio noted that in Closed Session there is no direct voting, and that
her vote on longevity was misconstrued because she is actually in support of
negotiating. She also noted that going public with this information now could set
dangerous precedent for future negotiations.
Mayor Pro Tern Garcia stated that in the interest of transparency and goodwill,
Councilmembers' votes during Closed Session should be discussed publicly.
City Council Regular Meeting Minutes
Council Member Rubio asked that all votes on everything discussed in Closed Sessions
be provided.
Mayor Pro Tern Garcia highlighted th@tGh8.Counci|K8eOObe[Ga[ci@'8OdM3yO[LoZGno
clearly voted against increases and that she clearly remembers that Council Members
Rubio and Pacheco supported increases. She asked that COUDci|Dl8rOberSb8honest.
Council Member Rubio expressed GD issue with the fact that Mayor Pro Term Garcia
uses her memory to relate facts instead of providing documentation.
Council Member Pacheco asked legal counsel whether Closed Session items can be
discussed iDpublic.
Joseph Pannone, City Attorney, noted that this report iS public because there was a
unanimous approval by the Council during Closed Session to provide the report to the
Council Member Pacheco noted that the report ig very OOe-Gid8d.
Council Member Rubio stated that she believes that the City is infringing oO the rights Of
bargaining units to negotiate freely.
Mayor Pro Tern Garcia noted that the reason the Council has taken these measures is
because of the serious accusations that have been made against the City.
Council Member Pacheco noted that one-sided information iS not 2 fair assessment. He
also stated that he does not approve Of this report being filed.
&4ayO[ LOZGOO stated that residents of Baldwin P@[h GhnU|d have the right to know what
is happening in the City.
A motion was made by Lozano, seconded by K88ynF Pro Tern Garcia, and failed /2-2\
tO receive and file the report.
AYES:
Garcia, Lozano
NOES:
Pacheco, Rubio
ABSENT:
Monica Garcia.
ABSTAIN:
None.
A motion was made by Lozano, seconded by Garcia, and carried (4-0to table Item
(Item No. 5 was tabled to the next meeting)
5. CONTINUED FROM OCTOBER 2, 2013. AN AMENDMENT TO THE CITY'S
UNICIPAL CODE ADDING SECTION 153.170.107 RELATING TO THE CREATION
OF A COMPREHENSIVE SIGN PROGRAM; AND THE ADOPTION OF THE
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (APPLICANT: KAISER
PERMANENTE; CASE NUMBER: AZC-174)
City Council Regular Meeting Minutes
A motion was made by Lozano, seconded by Garcia, to adjourn the meeting in memory of the
deceased, previous owner of Bob's Bar, et8:23p.m.
Mayor
ATTEST:
City Clerk
MINUTES
:L D. PARK CITY COUNCIL SPECIAL MEETING
October 2, 2013, 6:30 P.M.
CITY HALL — 3rd Floor Conference Room 307
14403 East Pacific Avenue, Baldwin Park, CA 91706.
11
MITI • 1!
The following members of the City Council were in attendance:
Council Member Marlen Garcia
Council Member Ricardo Pacheco
Mayor Pro Tern Monica Garcia
Mayor Manuel Lozano
U1 I#=
Council Member Susan Rubio
None.
The meeting was recessed to Closed Session at 6:35 p.m.
oil ffrgi 0HORKIPP j i A
Agency Negotiators: Vijay Singhal, Chief Executive Officer and other
representatives as designated
Employee Organizations: SEIU; Clerical; Professional and Technical Employees;
Police Management Employees; Confidential
Employees; Confidential Management and the Baldwin
Park Police Officer's Association; Un-represented
employees; and part-time employees.
2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(GC §54956.9 (d)(1)
Adams et. al. v. City of Baldwin Park et. al., USDC Case No.: CV12-00512
GAF(AJWx) BPPOA v. City of Baldwin Park et al., USDC Case No: CV1 3-01534
DMG (VBKx) BPPOA v. City of Baldwin Park, LASC Case No: BS140802
70119mm IINIMMIFFAREIMMUMM
The meeting was reconvened in Open Session at 6:45 p.m-
Mayor Pro Tern Garcia stated there was no reportable action.
Mayor
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10/2/13
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
October 02, 2013, 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 9170t
CALL TO ORDER
The meeting was called b} order bv Mayor Lozano Ed7:OOp.Dl.
INVOCATION
The invocation was provided bY Council Member Pacheco.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led bv Mayor Lozano.
ROLL CALL
The following Council Members were iDattendance:
Council Member K8edenGarcia
Council Member Ricardo Pacheco
Council Member Susan Rubio (arrived 3t7:OOp.0]
Mayor Pro Tern Monica Garcia
Mayor Manuel Lozano
ANNOUNCEMENTS
None.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
• Certificate recognition for years of service LO Outgoing Planning CUOOQ0iSaiDOer George
Silva.
K8[ Silva was not present.
• Oath Of Office for new P|8OOiDg C0DlOniSSi0OBnS Gustavo HUiZ8[ and Edwin B0rqUeS.
Mayor Lozano asked Mr. Huiz3[BOd Wq[ E}OFqueStO raise their right hand, and led them
through the Oath of Office.
• P[Dc|@[D8tiDO On Domestic Violence
Council Member Garcia presented an award to the Chief of Police, and noted that
October iG Domestic Violence Awareness Month. She stated that she hopes her story
has empowered many women, and noted the importance of domestic violence
awareness.
City Council Regular Meeting Minutes
10/2/13
Council Member Rubio announced that National Walk to School Day is held in the month
of October.
Mayor Lozano announced that public communications is now open and the limit on each
speaker is three (3) minutes.
Thomas Kerri spoke about the murder of Jonathan Denver, and noted that justice needs to
be met for Mr. Denver.
Lance Alexander asked Council to take Item No. 3 off the Consent Calendar because it is
very controversial and should not be treated casually.
Craig Peacock from Baldwin Park High School spoke of Virtual Enterprise, a program that
teaches young students how to be entrepreneurs, and the fact that money to fund the
program is being taken away. He asked residents to support this program.
Ana Tafoya from Baldwin Park thanked the Council for discussing Ordinance No. 1360,
which restricts the sale of cigars to minors.
Art Luna stated that the Finance Report is not fine. He also noted the issue with monitoring
the sale of cigars, and how instead the City should focus on paying the debts they owe, and
creating more businesses in the City.
There being no additional speakers Mayor Lozano closed public communications.
CONSENT CALENDAR (items I through 3)
(Item No. 3 was pulled by Mayor Lozano for further discussion.)
A motion was made by Lozano, seconded by Monica Garcia, and carried (5 — 0) to approve the
remaining Agenda Item Nos. 1 and 2 on the Consent Calendar.
1. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands.
2. PURCHASE OF MOBILE IN CAR CAMERA SYSTEMS
Staff recommends that City Council grant approval to:
1) Waive the formal bidding process pursuant to §34.23(C) of the Baldwin Park
Municipal Code for the purchase of L3 Mobile-Version Inc. system,
2) Designate an amount not to exceed $29,430.00 from Cost Center 205 -30-
310- 53390 - 00000 -2 for the restricted purchase of the new police department
equipment, and
3) Authorize the Chief of Police, or her designee, to complete all appropriate
documentation to complete the purchases.
9_�- =
City Council Regular Meeting Minutes
10/2/13
(Mayor Lozano pulled Item No. 3 for further discussion)
Mr. Dylan, franchise owner of a 7-11 Store, stated that Ordinance No. 1360 would drive
nlAlnll from Baldwin Park c+r%r neighboring --w—
business �Vv�y 1— 1. stores onto neighborinn rifiizc
Council Member Pacheco asked if he really believed that not selling cigars would drive
his store out of business.
Mr. Dylan stated that that this Ordinance was a big problem for his store because clients
who would normally stop to buy cigars and other products will no longer stop at his store
because they cannot purchase all the products they would like to purchase.
Mr. Pacheco asked Mr. Dylan what precautions his store takes to avoid that minors
purchase cigars.
Mr. Dylan outlined the screening process for minors purchasing cigars.
Council Member Garcia stated that other 7-11 stores have been receptive of this
Ordinance, and noted the fact that Mr. Dylan does not own a 7-11 store in Baldwin Park,
and has not been involved in the negotiation of this Ordinance. She also noted that the
purpose of this Ordinance is to create a healthy environment for residents and children.
Council Member Pacheco asked to table this Item to the next meeting because he has
more questions he would like to investigate.
Council Member Garcia read the report prepared by Staff, which outlined the purpose of
this Ordinance. She asked that the County prepare a presentation during the next
meeting.
Mayor Lozano opened the floor for public comment.
Resident stated that cigars are also being sold around the neighborhood.
Art Luna stated that cigars will be bought at other cities, and that restricting businesses
does not make sense, although smoking is not a good idea.
Council Member Garcia stated that businesses will not go out of business, but rather will
be restricted when they advertise tobacco to children.
Speaker asked whether this Item would be tabled to the next meeting, and offered his
help to research the issue.
City Council Regular Meeting Minutes
Thomas Kerristated that hBbelieved that all tobacco should b9 behind the counter. He
also noted the dangers Of smoking and cigars.
Council Member Rubio thanked the community for their support.
Council K8enObe[ Pacheco asked tOsee other city ordinances regarding the iSSUe. and
asked that COURCi|0e[ObenS look 8t both sides Of the issue.
/\motion was made by Pacheco, seconded by K8@deD G8PCiG, and carried (5— O) to
move this Item tDthe ORXt meeting.
Amy Harbin, City Planner, reported on this item. She outlined the four sections of the
report presented bv City Staff, and noted the various goals 0f the report. She stated that
the Housing Element is a tool to help the City assess constraints in housing, and to be
used oao guide for housing policies.
Council Member Garcia asked to step out of Chambers on this Item because she is
employed by Kaiser Permanente and felt it would be a conflict.
City Council Regular Meeting Minutes
10/2/13
Amy Harbin, City Planner, noted that this Ordinance will provide findings that will
influence approval of all types of signs in the City such as wall signs, and free standing
signs. She noted that this Ordinance would apply to larger scale developments such as
Kaiser Permanente.
Council Member Rubio noted that she would like for the Community Development
Director to be the person in charge, but she stated that she would like for steps to be
available to appeal to the City Council.
Vijay Singhal, Chief Executive Officer, noted that from a control standpoint, it would be
better to have the Planning Commission involved.
•N�+ tnirinc Kaiser Permanente was concerned With
Council Mlern ber Pad' eco asked VV I ic®t
Ms. Harbin stated that they are concerned with wall, monument, and directory signs.
She noted that at the moment there is no procedure to approve signs.
Council Member Pacheco stated that he would like for the Ordinance to specifically say
that issues with appeals would go directly to the Council.
Joseph Pannone, City Attorney, noted that Subsection C of the Ordinance could read
`City Council' instead of 'Planning Commission'.
Mayor Pro Tern Garcia asked what other discretionary actions or authority the
Community Development Director holds.
Ms. Harbin stated that the Zoning Administrator is also considered the Community
Development Director.
Mr. Singhal noted that the difference in the processes is that if the authority were given
to the Planning Commission, then the public could partake in the discussion, but if the
authority were given only to him, then the public would not be involved.
Mayor Pro Tern Garcia stated that in that case, she would approve the authority be given
to the Planning Commission, and appeals be directed to the City Council.
Council Member Rubio stated that she would like more information, and asked that the
Item be tabled for the next meeting.
Ms. Harbin explained that it could take anywhere from sixty to ninety days.
Mayor Lozano opened the floor for public comment.
Speaker stated that he would like to see the sign process be applied to small-scale
businesses as well.
A motion was made by Pacheco, seconded by Monica Garcia, and carried (5 — 0) to
table the Item to the next meeting.
Tim
MIXAMMI W301.11 11 1, g •
A
COMMISSION
City CVUOCi| Regular Meeting K8iDQteS
1O/2/13
1. APPROVAL OF RESOLUTION NO. SA-2013-002 APPROVING THE LONG RANGE
PROPERTY MANAGEMENT PLAN FOR EACH OF THE REAL PROPERTY ASSETS
OF THE FORMER COMMUNITY DEVELOPMENT COMMISSION BY THE
GOVERNING BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY
/\ DlodiOO was made by LOzaOO, seconded by Monica G8[Cia, and carried (5 — [) to
approve Item I of the Consent Calendar.
COMMUNICATIONS
Contact Baldwin Park Police Association tD inform them the City Council would like b}
have all present MOU negotiations done in public session to ensure the public is aware
of all aspects Of the negotiations and t0 seek their consent for that.
Mayor Lozano stated that itiG important negotiations be made public, and he noted other
cities that dO have transparency.
Vijay GiOgh8|' Chief Executive Officer, stated that once the Mayor gives direction, the
decision has togoupto the agencies for approval.
Council Member Rubio stated that she opposes this because all unions have the right to
negotiate in good faith and in private.
Mayor Lozano noted that information leaks out anyways, and that he would like the
public to know exactly what iOfornl8UOD was digCUSSed. and what the votes were.
Council Member Pacheco stated that there could be@ number of legal issues the
Council could come across by making negotiations public. He suggested that votes
could be given out publicly after Closed Session Items.
Council Member Rubio stated that she strongly opposes this because it takes @basic
right away.
Mayor Pro Tem Garcia stated that she supports the Mayor in making negotiations publiA
because even the POA has identified the need for greater transparency.
City Council Regular Meeting Minutes 10/2/13
Council Member Pacheco stated that he does not agree with Mayor Pro Tern Garcia.
A motion was made by Mayor Lozano, seconded by Garcia, and carried (3 — 2) to send
the request to negotiate in public to the POA.
AYES: Garcia, Garcia, Lozano
NOES: Pacheco, Rubio
ABSENT: None.
ABSTAIN: None.
A motion was made by and seconded by Garcia to arflourn the City Council meeting at
Y
8:24 p.m.
Mayor
ATTEST:
City Clerk
MINUTES
.IPALDWIN PARK CITY COUNCIL SPECIAL MEETING
September 18, 2013, 6:00 P.M.
CITY HALL — 3 d Floor Conference Room 307
14403 East Pacific Avenue, Baldwin Park, CA 91706.
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The following members of the City Council were in attendance:
Council Member Marlen Garcia
Council Member Ricardo Pacheco
Council Member Susan Rubio
Mayor Pro Tern Monica Garcia
Mayor Manuel Lozano
None.
The meeting was recessed to Closed Session at 6:10 p.m.
Agency Negotiators: Vijay Singhal, Chief Executive Officer and other
representatives as designated
Employee Organizations: SEILI; Clerical; Professional and Technical Employees;
Police Management Employees; Confidential
Employees; Confidential Management and the Baldwin
Park Police Officer's Association; Un-represented
employees; and part-time employees.
2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(GC §54956.9 (d)(1)
Adams et. al. v. City • Baldwin Park et. al., USDC Case No.: CV12-00512
GAF(AJWx) BPPOA v. City of Baldwin Park et al., USDC Case No: CV1 3-01534
DMG (VBKx) BPPOA v. City of Baldwin Park, LASC Case No: BS140802
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ATTEST:
City Clerk
10/2/13
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MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
September 18, 2013, 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
CALL TO ORDER
The meeting was called b] order bv Mayor Lozano ad7:D5p.m.
INVOCATION
The invocation was provided Mayor Pro Tern Garcia
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led bv Mayor Lozano.
ROLL CALL
The following Council Members were iDattendance:
Council Member K8ar\enGarcia
Council Member Ricardo Pacheco
Council Member Susan Rubio
Mayor Pro Tern Monica Garcia
Mayor Manuel Lozano
ANNOUNCEMENTS
Mayor Lozano announced, as required by Government Code section 54954.3. members of the
City Council are also DleOlben5 of the BD3R] of Directors of the Housing Authority and Finance
Authority, which are concurrently convening with the City Council this evening and each Council
&4eDlb8' is paid an additional stipend of $3O for attending the Housing Authority Dl8etiDQ and
$5O for attending the Finance Authority meeting.
Council Member Garcia asked that residents keep the Duran family in their prayers BS WYnS.
Duran has been diagnosed with terminal cancer.
Council K8erDbe[ Garcia announced that the City of /\zUs8 hung 8 bGDOe[ in hDOO[ Of
Councilman Uriel Macias who is serving in the Navy and has been deployed.
Council K88Dlbe[ Rubio announced that the Cancer Society is having G walk for breast CaDCe[
and invited residents to participate.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
� A motion was made by Lozano, seconded by Monica Garcia, and carried (5—O) to
introduce Item N0. 8 during the presentations.
Council Member Garcia read the resolution honoring the Southern California
m
PerD8neDte Medical Group on their OO anniversary.
City Council Regular Meeting Minutes
9/18/13
Mayor Lozano announced the opening of public communications and the limit of three (3)
minutes for each speaker.
Thomas Kerry asked the City Council how they have a budget if they do not have money
available for the budget. He stated that taxes are probably going up because of the
mismanagement that occurred.
Oscar Valladares spoke in favor of the resolution for Immigration Reform on behalf of
thousands of citizens and his mother.
Art Luna noted that the street cleaner leaves a lot of dust on the street. He also stated that
Kaiser is a good hospital but that they need more parking. He stated that the wall along the
freeway is like the Berlin Wall and will create struggles for Baldwin Park.
Mary Ferrer asked if the City Treasurer is double-dipping as an honorary elected officer.
Mayor Lozano stated that the City Treasurer receives a stipend because she also takes the
minutes.
Mary Heights stated that she supports the Baldwin Park Police Department. She also
thanked Council Member Pacheco for recognizing her daughter at a concert on July 26th.
John Rios noted that the crosswalks around the schools need to be painted and that there is
trash along Frazier and Amar Streets.
Michael Guillen spoke in support of the Boxing Club and asked the Council to extend the
hours because the Boxing Club is a good project that inspires the youth.
Speaker Zack commended Baldwin Park Police Department for doing a good job in keeping
Baldwin Park safe. He also stated that it would be appreciated if the Boxing Program could
get funding and if the City Council could provide transparency in their budget.
Erik Garcia noted that Mayor Lozano attacked Paul Cook recently and has acted illegally in
renewing contracts that should not be renewed. He stated that Mayor Lozano uses the fact
that he is Latino as a political card to get votes.
Paula Garcia asked why the City does not have a Chamber of Commerce or a current map
of Baldwin Park. She listed the cities that do have updated maps.
Paul Cook noted that Mr. Graves does not have a CPA license for his job, that Mr. Wall
understaffs his office, that Lilly Hadsell does not follow the First Amendment, that Manny
Carrillo does not keep his budget straight, that Marlen Garcia has not graduated from
college and is running for a position on the Board of Trustees, that Monica Garcia's real
name is Raquel, that she spends money from the budget for her own purposes and that Mr.
Singhal's budget is fake. He also condemned Mayor Lozano.
Margarita Vargas noted that there is a difference between freedom of expression and being
rude. She asked that the Council revise the code of conduct for the public hearing, and
noted that the members of the City Council should not be attacked and should not be
addressed by their first name.
'.i -M-
City Council Regular Meeting Minutes
Jonathan De Leon thanked Kaiser Baldwin Park, and noted that lawyers have a code of
ethics and the attorney in the City of Baldwin has broken the code of ethics.
Julian Casas noted that it has been three months since they requested the boxing hours be
extended and that they have not heard back.
There being no additional speakers Mayor Lozano closed public communications.
Mayor Lozano noted that anyone can fabricate lies during Public Comment. He also noted
that he met with the State Bar, and will be filing a complaint against the attorney who has
broken the Code of Ethics. He also told Mr. Casas that there is no intention of having
a
MA
arinv Carrillo resign because he has the credentials he nee-us and that the City has
supported Mr. Casas on many occasions.
Council Member Garcia explained that she has never lied about not having a college degree
and stated that she has worked hard for the community. She also clarified that all programs
across the board, including the boxing program, have been cut by 10%. She noted various
noteworthy individuals who have recognized her work and endorse her.
The City Treasurer stated that she was insulted when she was accused of double-dipping.
She outlined the work she is involved in and invited Ms. Ferrer to go to her office and learn
about her job commitments.
Council Member Pacheco stated that the City Treasurer and City Clerk work very hard,
especially during election time. He also stated that he believes that someone running for a
position on the Board should have a college degree. He reminded residents that the budget
is now available on the website.
Mayor Pro Tem Garcia addressed Mr. Luna's concern about the Caltrans sound wall and
stated that the Council questioned Caltrans but were informed that Caltrans was required by
law to create this wall. She commended the youth for using their right of free speech but
noted that they should speak with respect so they can maintain credibility.
Council Member Garcia announced that the Honorable Solis asked her to assist with a
screening from PBS and Latino Americans, and that the screening would take place that
week. She also noted how inappropriate it was for Mr. Tuttle to attack a Council Woman's
Spanish accent.
Council Member Pacheco stated that Council Member Garcia should not be allowed to
campaign during Public Comment. He stated that she is lying about Mr. Tuttle and that she
does not like Latino men. He added that he supports Cruz Baca and Susan Rubio because
the City needs new and fresh people because Council Member Garcia is a liar, and is not
running because she knows that she will not win.
Council Member Garcia stated that she is not fabricating lies and that Council Member
Pacheco should defend his own wife who is a Latina woman.
Council Member Rubio stated that the Mayor should move the meeting along.
Council Member Garcia noted that it is convenient that Council Member Rubio would like to
move the meeting along because she supports Council Member Pacheco.
City Council Regular Meeting Minutes 9/18/13
Mayor Pro Tern noted that the Council complies with state and federal law when they
prepare the budgets.
(Item Nos. 4 and 9 were pulled for further discussion.)
A motion was made by Lozano, seconded by Marlen Garcia, and carried (5 — 0) to approve
Agenda Item Nos. 1 through 9 on the consent calendar with the exception of Item Nos. 4 and 9.
1. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and nemands
2. TREASURER'S REPORT: JULY 2013
Staff recommends that the City Council receive and file the July 2013 Treasurer's
Report.
3. APPROVAL OF (1) A SUB - CONTRACT WITH CALIFORNIA CENTER FOR PUBLIC
HEALTH ADVOCACY (CCPHA) TO PROVIDE STAFFING SERVICES TO EXECUTE
THE SCOPE OF WORK AS DESIGNATED IN THE HEAL GRANT AND (2) A SUB-
CONTRACT WITH BALDWIN PARK UNIFIED SCHOOL DISTRICT TO EXECUTE THE
SCOPE OF WORK AS DESIGNATED IN THE HEAL GRANT
It is recommended that the City Council:
(1) Approve the contract with Center for Public Health Advocacy (CCPHA) to provide
staffing services on behalf of the City to execute the Scope of Work for the
Healthy Eating Active Living (HEAL) grant for the period, September 30, 2013 to
September 29, 2014; and
(2) Approve the contract with the Baldwin Park Unified School District to execute the
Scope of Work for the Healthy Eating Active Living (HEAL) grant for the period
September 30, 2013 to September 29, 2014.
(Council Member Rubio pulled Item No. 4 for further discussion)
Council Member Rubio thanked the members of SEIU for coming to the table.
Council Member Pacheco noted that the 457 - retirement program is a no -cost benefit that
would help many members who do not have a 401 K.
Council Member Garcia thanked the members of SEIU Local 721 who have been very
professional in their negotiations.
City Council Regular Meeting Minutes 9/18/13
Mayor Pro Tem Garcia agreed with Council Member Garcia's words.
A motion was made by Rubio, seconded by Lozano, and carried (5 — 0) to approve Item
No. 4.
5. APPROVE MOU FOR THE DEVELOPMENT OF THE ENHANCED WATERSHED
MANAGEM ENT PROGRAM
Staff recommends that the City Council:
Approve the Memorandum of Understanding (MOU) between the Los Angeles Flood
Control District, The County of Los Angeles and the Cities of Baldwin Park, Covina,
Glendora, Industry and La Puente for the administration and cost sharing for the
development of the enhanced watershed management program and coordinated
integrated monitoring program for the Upper San Gabriel River Watershed; and
authorize the Chief Executive Officer to execute the agreement.
6. APPROVE MOU WITH THE MTA TO RECEIVE NTD REPORTING FUNDS
It is recommended that the City Council approve the attached MOU with the Los Angeles
County MTA and authorize the Mayor to execute said agreement.
7. PROFESSIONAL SERVICES AGREEMENT FOR VIDEO PRODUCTION AND CABLE
TELEVISION ACCESS SERVICES CONTRACT AMENDMENT #2
Staff recommends the City Council approve the second amendment to the Professional
services agreement for video production and cable television access services and direct
the Chief Executive Officer to execute said agreement.
8. RESOLUTION HONORING THE SOUTHERN CALIFORNIA PERMANENTS MEDICAL
GROUP ON THEIR 60TH ANNIVERSARY AND ACKNOWLEDGING THEIR
SIGNIFICANT CONTRIBUTIONS TO OUR CITY AND THE HEALTH OF ITS CITIZENS
Staff recommends City Council receive and adopt Resolution No. 2013-033.
(Item No. 8 was taken during Announcements but noted here in agenda order)
9. FISCAL YEAR 2013/2014 PROJECTED BUDGET AND LONG-TERM FINANCIAL
PLAN
It is recommended that the City Council receive and file the projected budget and the
Long-Term Financial Plan pending review of the information contained therein at City
Council study sessions.
(Council Member Pacheco pulled Item No. 9 for further discussion)
Council Member Pacheco noted that he would like to have a study session before
receiving and filing the Plan.
Mayor Pro Tern Garcia stated that this does not mean that they are adopting the budget
but rather adopting the Item to receive and file the budget.
Vijay Singhal, Chief Executive Officer, noted that the Item is to receive and file a copy to
let people know that the budget is out.
Item No. 9 was tabled to the next meeting.
City Council Regular Meeting Minutes
COMMISSION
9/18/13
Vijay Singhal, Chief Executive Officer, noted that there was a change made, and that the
new version needs to be adopted.
A motion was made by Lozano, seconded by Marlen Garcia, and carried (5 -0) to adopt
the updated ROPS 13 -14B.
COMMUNICATIONS
Request by Councilmember Ricardo Pacheco for discussion & direction to staff on the
® Contrary to last fiscal year the California economy has improved and stabilized over the
past few years allowing our state and municipal cities funds to begin improving. After
years of budget cuts and challenging choices the State Legislature recently approved a
fiscally sound state budget that restores funding for programs essential to our cities in
light of an improving economy.
In the last fiscal year, although the City Council voted unanimously to cut community
programs and laid off city employees it did not vote unanimously to consider a proposal
from the Sheriffs department as the opposing side believed the start -up and future
escalating cost would eliminate the $3 -4 million dollars proposed annual savings over
time. Councilmember Rubio and Pacheco opposed consideration of the $90,000.00
Sheriffs proposal on account of these issues. Also in view of the litigation regarding the
Superior Court of California Exparte Application for Temporary Restraining Order issued
on March 5, 2013 and based on the City Managers Sheriff's Proposal update report
dated August 7, 2013 stating that the city is in labor negotiations with the Baldwin Park
Police Officers Association. I propose the City Council reconsider its position in moving
forward the sheriff's Proposal.
City Council Regular Meeting Minutes
9/18/13
Subsequently, direct staff to prepare the necessary resolutions and inform the Sheriff's
Department that the City of Baldwin Park is immediately withdrawing the Sheriffs
Proposal dated October 3, 2012.
Council Member Pacheco read the request and noted that he is requesting this because
the Council does not have the exact numbers from the budget yet. He stated that he
would like to hold off and remove the Sheriff's proposal from the budget for this season
and see if the Police Officers are willing to negotiate with the City. He made reference to
the State's economic improvements.
Mayor Lozano noted that the State of California has recuperated its economy on the
expense of all the cities in the State, and noted that many businesses are suffering as a
result. He stated that he would like for the state legislature to give them back the
Redevelopment Agency. He added that he is not sold o. i the Sheriff's Department and
would like to have his own Police Department; he would like to let the residents of
Baldwin Park decide. He also noted that he would like for the negotiations to be carried
out in public.
Mayor Pro Tern Garcia noted that the State used cities' redevelopment funds and
increased taxes to balance the budget, and asked if Council Member Pacheco would like
to tax the residents of Baldwin Park. She also noted that the Council has not approved
to contract with the Sheriff's Department, but rather are gathering information so the
citizens can make an informed decision.
Council Member Pacheco stated that as the Council goes through the budget, they could
discuss it. He also clarified that he is not asking for a tax increase like the Mayor is, but
that he is saying that it does not make sense to look at the Police Department's proposal
until the City knows where they stand on the budget.
Council Member Rubio noted that the Police Department had stated that they have not
received a race in a long time, and would bargain for one.
Mayor Pro Tern Garcia stated that this is why it is important to have a report from the
Police Department and present it to the residents. She also stated that Council Member
Pacheco's mentioning of the State's initiatives implies that he would like to raise taxes.
Council Member Pacheco clarified that he does not want to raise taxes, and asked
Mayor Pro Tern Garcia if she understood what he was saying.
Council Member Garcia noted that Council Member Pacheco voted to approve benefits
for the Department when they retired. She noted that this means that the City now has
to set aside monies to pay police officers who retire 90% of what they were making at
their highest.
A motion was made by Pacheco, seconded by Rubio, and failed (3 — 2), to direct staff to
prepare the necessary Resolution and inform the Sheriff's Department that the City of
Baldwin Park is withdrawing its proposal.
AYES:
Pacheco, Rubio
NOES:
Garcia, Garcia, Lozano
ABSENT:
None.
ABSTAIN:
None.
City Council Regular Meeting Minutes
9/18/13
A Resolution to Support Comprehensive Immigration Reform and Urge Action from the
United States 113th Congress.
Council Member Pacheco stated that he would like to create an Immigration Reform
Package that would benefit families who have been hardworking individuals in the
country, and who are criminalized for being Latinos.
Council Member Garcia stated that she supports Council Member Pacheco's request.
Mayor Lozano noted that the law firm that sued Baldwin Park has been accused of
committing serious misconduct in their billing practices. He gave direction that Police
negotiations be transparent, and presented in public.
Council Member Garcia stated that she supports Mayor Lozano's request.
Mayor Pro Tern Garcia noted that she also supports the idea of making negotiations
public. She asked the Council to take a look at Ramona Blvd. to make it more
presentable.
Council Member Pacheco asked that the City Manager communicate with Waste
Management to remove graffiti and make sure trashcans are clean. He also asked that
at the next meeting's agenda, the Council discuss Elwin School.
A motion was made by Lozano and carried with no objections to adjourn the City Council
meeting at 9:09 p.m.
Mayor
ATTEST:
City Clerk
1.�- �
MINUTES
BALDWIN PARK FINANCE AUTHORITY REGULAR MEETING
SEPTEMBER 18, 2013 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 9170f
Board Member Cruz Baca
Board Member Monica Garcia
Board Member Susan Rubio
Vice Chair Monica Garcia
Chair Manuel Lozano
None.
A motion was made by Lozano, seconded by Marlen Garcia, and carried (5-0) to approve Item
No. 1 on the Consent Calendar.
1. TREASURER'S REPORT: JULY 2013
Staff recommends that the City Council receive and file the July 2013 Treasurer's
Report.
ADJOURNMENT
A motion was made by Lozano, seconded by Marlen Garcia, and carried (5-0) to adjourn the
Finance Authority Meeting at 9:15 p.m.
Chair
City Clerk
MINUTES
BALDWIN PARK CITY HOUSING AUTHORITY REGULAR MEETING
SEPTEMBER 18, 2013, 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
Board Member Marlen Garcia
Board Member Ricardo Pacheco
Board Member Susan Rubio
Vice Chair Monica Garcia
Chair Manuel Lozano
101
A motion was made by Lozano, seconded by Marlen Garcia, and carried (5-0) to approve Item
Nos. 1 through 2 on the Consent Calendar.
1. TREASURER'S REPORT: JULY 2013
Staff recommends that the City Council receive and file the July 2013 Treasurer's
Report.
2. BALD IN PARK HOUSING AUTHORITY'S SECTION 8 HOUSING CHOICE
VOUCHER PROGRAM 2013 PAYMENT STANDARD
Staff recommends that the Housing Authority Board approve the revisions to the Baldwin
Park Housing Authority's Payment Standard to be effective October 1, 2013.
WENEN�-kal
A motion was made by Lozano, seconded by Marlen Garcia, and carried (5-0) to adjourn the
Housing Authority Meeting at 9:10 p.m.
Chair
011-1111=11
City Clerk
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
September 04, 2013, 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 9170!Zo
The meeting was called to order by Mayor Lozano at 7:05 p.m.
211,111IR110 1=101112311=
The Pledge of Allegiance was led by Mayor Lozano.
. •
q W01-11
The following Council Members were in attendance:
Council Member Marlen Garcia
Council Member Susan Rubio
Mayor Pro Tern Monica Garcia
Mayor Manuel Lozano
Council Member Ricardo Pacheco arrived at 7:40 p.m.
U1 •
Council Member Rubio noted Bob Bimbo, representative of the Historical Society, and
asked residents to support the Society. Mayor Lozano asked residents to recognize
and give Mr. Bimbo a round of applause.
Council Member Rubio commended Rafael Gonzales, who handles the City Library, for
his dedication to the community. She also thanked Susan Molina who made a donation
to renovate the library.
Maria Contreras, City Treasurer, noted that Mr. Bimbo was their advisor.
Council Member Garcia pointed out that she represented the City of Baldwin Park last
Thursday at the Los Angeles County Bicycle Coalition Panel. She also noted that the
Baldwin Park Pizza Park opened a new location on the corner of Olive and Main
Streets.
City Council Regular Meeting Minutes
9/4/13
Baldwin Park Pizza Park opened a new location on the corner of Olive and Main
Streets.
Certificate recognition to the Officers of the Baldwin Park SWAT Team for their
Exceptional Service in Keeping Our Streets Safe.
Mayor Lozano announced that this recognition would be moved over to another
meeting.
. U."ANIII-IRD0
Mayor Lozano announced that public communications is now open and the limit on
each speaker is three (3) minutes.
Thomas Kerry noted that men also get beat up by women and asked if Council
Member Garcia has anything for men who get beat up. He also noted that
Manny Carrillo, Director of Parks and Recreation, had two City cars previously,
and asked how long this went on for. He suggested that the City file for Chapter
9 Bankruptcy, but said that it would not because then everyone would find out
about money shuffling. He asked the City how it could negotiate with the Police
Department if it does not have a budget. He asked Mr. Carrillo how it feels to be
a puppet of Council Member Garcia.
Art Luna noted that the Police Department has motorcycles and it does not need
them, and that if there are extra police cars, they should be sold to make more
money. He noted that the City spends money on things it does not need. He
stated that Council Members work four years and get a retirement while he had
to work for forty-five years to get a retirement, and he stated that many residents
do not have air conditioner in their vehicles while Council Members use V-8
vehicles.
Lilly Hernandez was asked by Terry Muse to speak on behalf of the youth who
are represented by Waste Management. She noted that Waste Management
started a scholarship and internship program for the youth and opined that the
contract should go forward because they do much for the youth,
Rafael Gonzales thanked Council Member Rubio for mentioning the Library, and
acknowledged the support that the City of Baldwin Park has given the Library.
He noted Mr. Carrillo's and Vijay Singhal's, Chief Executive Officer, work to
renovate the library.
Council Member Rubio reminded residents that book donations are vital to the
library.
Liz Montes, teacher for sixteen years, noted that she supports Waste
Management because they are excellent in their services.
City Council Regular Meeting Minutes
9/4/13
Mary Ferrer stated that she supports Waste Management because they provide
excellent services. She also noted that the City is trying to find ways to eliminate
costs, and that the community was not aware that the City Clerk and City
Treasure positions were an honorary title and that these titles should be
eliminated because of the financial position of the City.
Council Member Rubio stated that she appreciates Ms. Ferrer's comments, but
that the City Clerk takes minutes and translates. She noted that the term
`honorary' is not a fair term to use.
R fi -U mr%r+o IA'ast® Management because they
IvIagda 11 orrellas stated that she 0 tJVWI LQ V V �L- , o
follow contracts. She highlighted what they do for the community.
Alejandra Cervantes stated that as a homeowner and educator, she supports
Waste Management because they support learning programs for students.
Jose Gonzales, driver of Waste Management, noted that several drivers were
present at the meeting to show their support for the contract. He also noted that
the company provides trainings, meetings, and workshops to ensure excellence.
Doug Corcoran, worker at Waste Management, thanked the residents who took
their time to speak on behalf of the company. He also thanked the employees for
providing great services, and Mr. Singhal for challenging the company to provide
the best services.
Dr. Paul Flores thanked the City Council for its service during these difficult
times. He testified to the great service that Waste Management provides, and
noted their contributions to the parish where he is a pastor.
Erik Garcia noted that Mr. John De Leon's statements about the boxing program
at a previous meeting were wrong. He also addressed Council Member Garcia's
comments about the silent majority at the last meeting and noted that she has
never addressed the residents about bankruptcy.
Julian Casas, Boxing Coach at Parks and Recreation, noted that he is thankful
for the boxing equipment that was bought for the team, but that they took the
donation with a grain of salt because the budget mixes the boxing program with
the city fleet. He noted that the city fleet pays out to Royal Coaches, who
donated the equipment as a campaign tactic. He asked whether the City will be
filing bankruptcy soon, and asked the City Council whether Mr. Carrillo's position
will be put up to a vote.
An unidentified speaker noted that she enjoys Waste Management's services,
and that they are very dedicated.
Maria Contreras thanked the drivers of Waste Management because they have a
difficult job but are always very courteous and dedicated.
Page 3 of 9
City Council Regular Meeting Minutes 9/4/13
Bob Bimbo spoke in support of Mr. Carrillo and his work with Parks and
Recreation.
Paul Cook noted that he is a licensed attorney. He noted that at the last meeting
Mayor Lozano stated that he felt for the undocumented people who had their
vehicles towed, but that towing is connected to Royal Coaches who gives
Council Members and Council Member Garcia's daughter cash contributions. He
noted that all five Council Members are Latinos and still tow cars from
undocumented workers who in the end loose their cars. He asked Mayor
Lozano, Council Member Garcia, and Mayor Pro Tern Garcia to resign.
Mayor Lozano stated that Mr. Cook has a political agenda and asked Mr. Cook to
tell him what firm he works for. He noted that anyone could fabricate lies about
politicians because they have a First Amendment Right to do so. He declared
that he and all of the Council Members represent Hispanics in the City.
Council Member Garcia thanked Royal Coaches for their proposal to assist the
City with funding.
Mr. Singhal noted that the City purchased the boxing equipment and not Royal
Coaches.
Council Member Garcia noted that it is a crime to take cash contributions from
anyone, and that Council Members have not taken cash contributions from
anyone.
Council Member Rubio noted the rare opportunity to thank the individuals who
work with Waste Management.
Council Member Pacheco thanked Waste Management. He announced that he
has been working with Waste Management on the contract. He outlined some of
the issues in the contract that he was involved with.
Mayor Pro Tem Garcia thanked Waste Management for its work in the
community. She noted the undocumented-friendly towing policy the Council
adopted last year, and thanked Mr. Carrillo for his leadership that has brought the
City to have award-winning programs.
Council Member Garcia thanked Waste Management for their work, and noted
that the company has her support.
(item No.
• was pulled for further discussior�q
City Council Regular Meeting Minutes
9/4/13
A motion was made by Monica Garcia, seconded by Marlen Garcia, and carried (5 — 0)
to approve Agenda Item Nos. 1 through 5 on the Consent Calendar.
2. APPROVAL OF AGREEMENT FOR CARNIVAL SERVICES — CHRISTIAN
AMUSEMENTS.
Staff recommends that the City Council approve the attached agreement and
authorize the Mayor to execute the necessary documents.
4. CLAIM REJECTION
Staff recommends City Council reject the claim of Myra Smith and direct staff to
send the appropriate notice of rejection to Claimant.
I 0� LC
X'AM
-91 WOM
Staff recommends City Council:
1. Authorize the Chief Executive Officer to sign and execute the attached
agreement.
2. Replace, in its entirety, the agreement approved on August 21, 2013
with the attached agreement, rendering the prior agreement of no force
and effect.
f. APPROVE AND AUTHORIZE AN AMENDED AND RESTATED EXCLUSIVIA
FRANCHISE AGREEMENT FOR SOLID WASTE HANDLING
Staff recommends that the City Council: I
1. Approve the amended and restated exclusive franchise agreement
with Waste Management of San Gabriel / Pomona Valley (WM) for
solid waste handling, and;
City Council Regular Meeting Minutes 9/4/13
(Item No. 6 was pulled by Mayor Lozano for further discussion).
Council Member Pacheco congratulated Waste Management.
Mayor Lozano announced that he signed the agreement.
Council Member Garcia noted that she has served on City Council for fourteen
years, and has always supported Waste Management.
Mayor Lozano proposed that the City reallocate monies from the million dollars
available to the following areas: the concerts for the City, the Fourth of July, the
City parade, and the swimming, soccer, and boxing programs.
Council Member Pacheco noted that the Mayor needed to place that proposal on
the next agenda, and asked that out of the million dollars, $500,000.00 be
allocated to the Police Department. He also noted that Mayor Lozano was being
political by allocating these funds to children's programs.
Mayor Lozano stated that he was not being political.
A motion was made by Lozano, seconded by Pacheco, and carried (5 -0) to
approve and authorize the amended and restated exclusive franchise agreement
for solid waste handling.
CONTINUED 1. OF
COMMISSION APPLICANTS AND CONSIDERATION OF APPOINTMENTS
AND/OR .. • • FILL THE JUNE 2012 AND JUNE 2013
SCHEDULE VACANCIES
Staff recommends City Council to review the submitted Commission
application(s), take nominations and adopt Resolution No. 2013 -028 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
APPOINTING INDIVIDUALS TO THE PLANNING COMMISSION OF THE CITY
OF BALDWIN PARK TO OFFICES NUMBERS 1, 2, AND 3 ".
2. CONTINUED FROM AUGUST 21, 2013 - CONSIDERATION OF
APPOINTMENTS AND/OR REAPPOINTMENTS TO FILL VACANCIES FOR
City Council Regular Meeting Minutes
PENDING APPLICATIONS
"111117M�4&t
WN
A motion was made by Marlen Garcia, seconded by Lozano, and carried (5-0),
to reappoint David Muse to the Planning Commission, and to appoint Gustavo
Huizar and Fdwin Borques to fill thU VCUCI U U I- U-
VUsing Commission.
Council Member Pacheco noted that the Mayor was being rude by suggesting
appointment of these candidates without allowing him to look into other
candidates. He stated that this recommendation is political.
Mayor Lozano asked Council Member Pacheco if he read the Item because there
are only two candidates available.
Council Member Garcia asked if all of the positions are up for reappointment.
A motion was made by Marlen Garcia, seconded by Rubio, and carried (5-0) to
reappoint positions 1 through 5, and appoint Luis Montano as Tenant-6,
COMMUNICATIONS
Request by Councilmember Marlen Garcia for discussion & direction to staif on
the following:
As October is Domestic Violence Awareness Month, I would like to request
Council's support to hold a City-wide women's purse drive during the month of
September with the purpose of presenting the purses collected to shelters that
provide services to women, victims of domestic violence. Women who find the
strength to leave violent relationships will usually escape from their homes,
leaving behind their purses in order to save their life and that of their children. By
providing these victims with a purse, it begins to help in the process of building
their self-esteem and empowerment.
Council Member Garcia noted that ninety percent of domestic abuse victims are
women. She spoke of her personal experience with domestic abuse, and the
fact that she and other women who are abused forget their purses, which are
vital to them, when they are escaping to save their lives. She stated that
providing victims with a purse advocates good self-esteem and gives
empowerment to them.
City Council Regular Meeting Minutes 9/4/13
Council Member Rubio noted that she supports the purse drive.
A motion was made by Marlen Garcia, seconded by Rubio, and carried (5-0), to
approve the purse drive for the month of September.
Request by Mayor Manuel Lozano for discussion & direction to staff on the
following:
Due to the 2008 recession and resulting economic downturn, the State of
California and local governments have been impacted by high unemployment
rates, decreased sales and property tax revenues, and high rates of home
Baldwin Park is no exception to what has transpired on a global, national, state
and local level. The effects of the economic downturn, compounded by the State
of California's decisions to take millions of dollars from our City AND eliminate
the Community Redevelopment Commission, has left the City of Baldwin Park
grappling with very difficult financial decisions.
In the last fiscal year, the City Council unanimously cut community programs and
laid off city employees. At this point in time, the City is considering a proposal
from the Sheriff's department as a cost savings measure that could potentially
save $3-4 million dollars on an annual basis.
Therefore, direct staff to prepare the necessary resolutions and other actions to
schedule a special election in 2014 that will allow Baldwin Park residents to vote
on public safety priorities.
Mayor Lozano read his request and stated that he would like to give direction to
Staff to prepare this study.
Council Member Pacheco noted that the Sheriff's study would cost $90,000.00.
He stated that the City is two years late with the budget, and that he would like to
know where the City stands with the budget before the Council considers the
proposal from the Sheriff's Department. He clarified that public safety is a
priority, but that he would like to know where the City stands with the budget. He
noted that many residents support the initiative for the Police Department.
Mayor Lozano noted that the entire Council supports the Baldwin Park Police
Department, but that he would like for residents to know what the initiative
entails.
Council Member Pacheco stated that the information the Mayor brings has to be
accurate and not just politically driven.
Council Member Garcia noted that she would like to request an Item be
considered for patrolling in the City. She also asked that an Item be considered
to clean up the housing for interns of Kaiser Permanente.
Page 8 of 9
City Council Regular Meeting Minutes
9/4/13
Mayor Pro Tern Garcia noted that Mayor Lozano is asking that Staff prepare
resolutions to schedule a special election in 2014 that would allow Baldwin
residents to vote on safety priorities.
A motion was made by Lozano, seconded by Marlen Garcia, and carried (5-0) to
direct Staff to prepare the necessary resolutions to schedule a special election in
2014 to allow Baldwin Park residents to vote on public safety initiatives.
Council Member Rubio noted that any initiative in the City has to be signed by
registered voters of the City, and that although Mayor Lozano noted that the
initiative for the Police Department is not from Baldwin (-ifx/ Baldwin City voters
IWI U 1� I
have signed the initiative.
Council Member Pacheco noted that if Mayor Lozano truly supported the Police
Department, he would not be bringing up the Sheriff's Department. He also
noted that Public Works needs to keep up and maintain certain areas of the City
such as the monument on Pomona.
Mayor Lozano told Council Member Pacheco that during Closed Session, the
Council voted to make Closed Session records public.
Speaker noted that there is a beehive on the corner of Ramona Boulevard and
Foster Avenue, and asked that the City takes care of the problem.
A motion was made by Lozano, seconded by Marlen Garcia, and carried (5-0) to
adjourn the City Council meeting at 8:38 p.m.
Mayor
0114M
City Clerk
MINUTES
BALDWIN PARK CITY COUNCIL SPECIAL MEETING
September 4, 2013,
CITY HALL — 3rd Floor Conference Room 307
14403 East Pacific Avenue, Baldwin Park, CA 91706-
Roxv• •--r
The meeting was called to order by Mayor Lozano at 5:30 p.m.
Council Member Marlen Garcia
Council Member Susan Rubio
Mayor Pro Tern Monica Garcia
Mayor Manuel Lozano
Absent:
Council Member Ricardo Pacheco
None.
The meeting was recessed to Closed Session at 5:35 p.m.
Agency Negotiators: Vijay Singhal, Chief Executive Officer and other
representatives as designated
Employee Organizations: SEIU; Clerical; Professional and Technical Employees;
Police Management Employees; Confidential Employees;
Confidential Management and the Baldwin Park Police
Officer's Association; Un-represented employees; and part-
time employees.
2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(GC §54956.9 (d)(1)
Adams et. al. v. City of Baldwin Park et. al., US DC Case No.: CV1 2-00512 GAF(AJWx)
BPPOA v. City of Baldwin Park et al., USDC Case No: CV1 3-01534 DMG (VBKx) BPPOA
v. City of Baldwin Park, LASC Case No: BS140802
111� 11 1 1 1 1
Mayor
T
AT IES T
City Clerk
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 9170C,
Mayor Lozano announced that public communications opened and the three (3) minutes limit on
each speaker.
An unidentified speaker noted that the Contract with Royal Coaches is an illegal overtime
because Code of Ordinance 100.090 states that these contracts are |inoibad to five years, and
therefore the contract in 2004 should have ended in 2009, after which there should have been
bi' ding. He requested that various companies provide @AF<FP. He noted that Royal Coaches
is under an investigation in |RNiOd8l8. and that Royal Coaches' C0Dtn3Ct is in blatant violation of
the City Ordinance.
Speaker Ch8teD with City nfHope announced the Foothill Challenge OO October 5th' and asked
the Mayor O[gC0uOCi|nleDlbe[tO lead the walk.
(�d Council 8/21/13
Thomas Kerry stated that the reason Royal Coaches' contract iS preferred over Dan's Towing iS
because Royal Coaches gives pO|dC@\ nthbut\OOStOCOUOd|neDberS. He also noted that
Council Member Garcia's daughter got her job because of her mother's position with the City;
he noted that the DOD would not b8 happy with her hiring practices. He also asked Council
Member Garcia to have decorum since she is always texting and looking away.
Art Luna opined that the City hires are very expensive attorneys and that he does not trust the
lawyers the City hires. He asked that Council direct the State t0 clean various bridges inthe
City, and noted that they should not cancel the September 1Oth meeting because their only time
commitment istOb8 available tO the residents twice 8month. He told Council that if they push
for the Sheriff's [}ep8rtDl8Ot, they vv0U|d be in 8 lot of trouble because Mr. Baca CQOOot handle
"the work heCUr[eDUyh@S.
An unidentified speaker asked the Council to allow citizens who do not have a driver's license to
Cg|\ 8 [8|8tiVe to pick up their vehicle before it is towed. She also stated that her mother taught
her tO respect Council Members and thanked them for their work.
Jason Adams, President OfBaldwin Park Police Association, thanked the residents who
participated in their National Night Out, even if members of the Council did not support them or
bother t0attend. He stated that the Police Department wants [ObSiD Baldwin Park and iG
working actively with the City. He noted some Of the issues they have come across negotiating,
and that it is unfair for the City to move forward with the Royal Coaches contract because it
should not be@ priority for the Citvright ODVVsince it has [OaDy�O@nCi@|burdens. He told
residents that the reason the Police Department has sued )s because the City does not listen to
them unless they take legal action. He showed two public records requests that have been
ignored by the City.
An unidentified speaker stated that she has questions about Royal Coaches. She noted that
there are still fourteen months until the contract expires and that bidding should be allowed for
other companies to participate in the bid instead of recommending an extension of the contract.
Greg Tuttle addressed the City Attorney and noted that he should have given the City the Public
Work's request instead Of costing the City $SU'OOO. He opined that the City Attorney lost the
lawsuit. He stated that Council Member Garcia blatantly lied at the last meeting and offered t0
provide a DVD which shows Council Member Garcia's conduct for anybody who wanted it. He
noted that he would dedicate himself to attend Board of Trustees Meetings in which she will run.
He read depositions from police officers, which spoke of Council Member Garcia's misconduct,
noting that itiS costing the City thousands Ofdollars.
Zachary noted that hehas enjoyed the boxing program for two months, and stated that the
boxing program brings iO revenue and isSe|f-SuffiCieAt. He asked that Council Members
represent the interests Of the City and not cut the program.
Michael Guillen stated that he was always taught to be fair and not to lie, but that Council
Members have been unfair to the youth in the boxing program because they have made fruitless
promises.
L8[ry|barra stated that he has been boxing for six years, but that since the cost of the program
has been raised, he will OO |ODge[ be able to attend.
City Council Regular Meeting Minutes 8/21/13
Manny MCG0VV8D noted hDVV [OUCh he enjoys the boxing p[Ogr8Dl' and how unfair itwould be for
the cost hVQOUp and hours tDgodown.
Eric Garcia stated that he was verbally attacked by Council Member Garcia on Facebook. He
noted the small budget cost for the boxing program compared to the large budget costs ofthe
aquatic program in which [}0UDCi} Member G8[ci8'S daughter participates. He also noted that
boxing coaches who have been working for years are paid $8.40 per hour, while Council
Member G8R}ia'S daughter was paid $10.4O for a lifeguard summer job.
Gordon Allen noted that he has been going to the boxing club for five years and that if the
bOXiDQ program is Dl@hiOg OoDDey, it does not make sense to cut funds from the program. He
also stated that the equipment 8t the gym iG old and needs updating.
/\|ysS8KAariD thanked the Council for listening to all the residents. She noted that she was 8
boxing fighter before, and that the Council should feel proud of their boxing program and care
for it.
Julian Casas stated that with the memberships all of his students pay, the boxing program pays
for itself. He also noted that the boxing budget is mixed with the general budget, and therefore
the SUstaiD8bi|ityOf the boxing program cannot beproved. He asked Council Members Rubio
and Pacheco to assure him that 8 request for Manny Ca[[i||o'S resignation would b8considered.
Christian stated that he has been 'in the boxing program for eight years, and that the fees iOthe
program have riaen, and the hours have been cut.
Paul Cook asked Mr. Carrillo, Council Member Garcia, Mayor Pro Tern Garcia, and Mayor
Lozano tOresign. He noted the many deficiencies Of these constituents Of the City Council. He
stated that h8 made 8 forensic report OO the boxing budget, and that the boxing program iSself-
sufficient. He noted that Mr. Carrillo has mixed the budget with the fleet budget, and he outlined
various suspicious line items DD the budget.
Martha Trellis reminded residents that they can be thrown out for being disrespectful. She
noted that the money in the country is going to Egypt to tear each other apart, and that the City
does not have money because the Federal Government is not giving the City money. She
noted that residents should be grateful for what they do have, and that they should be asking
not what their country can do for them, but rather what they can do for their country.
John De Leon stated that as a father he appreciates the Parks and Recreation Department. He
opined that the boxing program should not be a priority in the City budget because it is not
gender neutral and itiSviolent. H8 also asked whether pensions are the moving reason tO
0OVe to the Sheriff's Department.
Mr. Plata noted the division amongst the Council Members even though they are all Hispanic
and Democrats. He opined that competition iS good and should beallowed.
John Rios noted that at the last meeting, Council Member Garcia raised hell and caused
Council Member Rubio tOleave. He also noted that the Mayor promised a budget over 8year
ago. H8 stated that last week he saw the Mayor with g young lady, and asked the Mayor tObe
accountable for what h8does.
City Council Regular Meeting Minutes
8/21/13
Council Member Garcia clarified that Mr. Rios referenced a meeting that happened on
October 17, 2012, which was illegal because the whole Council was not present. She stated
that Council Member Rubio left because she asked her to clarify that the meeting was not legal.
She also stated that she does not golf, but rather attended a golfing event with Captain Taylor
and a former Mayor to support the Police Department. She noted that the individual who read
depositions did not read her deposition. She noted that residents have contacted her about
flyers being distributed by the POA to try to tarnish her reputation. She clarified that she does
not hire staff at the Community Center, but rather, sponsored a gentleman to attend training to
become a lifeguard.
Council Member Pacheco noted that Council Member Garcia forgot to mention that a meeting
on October 17, 2012 was expected. He noted that today there will be a vote about whether or
not to %ar%eI 'th e meeting an September, but that t here d6 r/7v nn v vot eon the October 7th
meeting. He clarified that at the meeting, he reminded everyone that the meeting was not a
Council Meeting, but that Council Member Garcia was being disruptive and trying to kick people
out of the meeting. He noted that the assembly belongs to the residents, and that no Council
Member is allowed to kick residents out. He noted that Baldwin Park needs a budget with line
items to show residents where money is going.
Council Member Rubio asked the Mayor not to allow personal attacks on their names. She
noted that the comment that she is the "face of innocence" pretending to be innocent is
condescending.
Mayor Lozano noted that he would like for the Governor to allow individuals without driver's
licenses to keep their cars. He stated that he knows how hard immigrants work.
(Item Nos. 2 and 5 were pulled)
A motion was made by Lozano, seconded by Marlen Garcia, and carried (4 — 0 — 0 Absent:
Mayor Pro Tem Monica Garcia) to approve Agenda Item Nos. 1, 3 and 4 on the Consent
Calendar.
�. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands
2. CONSIDERATION TO CANCEL THE LEGISLATIVE BODY MEETING OF
SEPTEMBER 13, 2013
Staff recommends the City Council cancel the September 18, 2013 meeting and direct
the City Clerk to post the appropriate notices of cancellation.
(Council Member Rubio pulled Item No. 2 for further discussion).
Council Member Rubio noted that if Council Members are not attending the conference
in question, the meeting does not need to be cancelled.
Council Member Garcia stated that she is attending; Council Member Pacheco stated
that he is not attending; Mayor Lozano stated that he is not attending.
Council Member Rubio stated that she would like to maintain the meeting since there is
three members of the Council available.
City Council Regular Meeting Minutes
8/21/13
A motion was made by Rubio, seconded by Pacheco, and failed (2 — 2 — 0 Absent:
Mayor Pro Tern Monica Garcia) to keep the meeting on September 18, 2013.
AYES: Susan Rubio, Ricardo Pacheco
NOES: Manuel Lozano, Marlen Garcia
ABSENT: Monica Garcia.
ABSTAIN: None.
Joseph Pannone, City Attorney, clarified that there would be a meeting on
September 18, 2013 unless there was a motion to cancel the meeting. Mayor Lozano
stated that there would be a meeting.
1) Adopt Resolution No. 2013-031 entitled, "A RESOLUTION • THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK AMENDING THE FEE SCHEDULE, ADOPTED
BY RESOLUTION NO. 2013-031, TO ESTABLISH FEE FOR THE REGISTRATION
OF FORECLOSED PROPERTY PURSUANT TO CHAPTER 15.029 OF THE
BALDWIN PARK MUNICIPAL CODE:
2) Direct the Chief Executive Officer to execute a Professional Service Agreement with
Neftali Cortez, dba Nationwide Cost Recovery Services, to administer and enforce
the provision of ordinance 1325.
4. PROFESSIONAL SERVICES AGREEMENT FOR VIDEO PRODUCTION AND CABLE
TELEVISION ACCESS SERVICES CONTRACT AMENDMENT.
Staff recommends the City Council:
1) Approve the amendment to the Professional Services Agreement with Community
media of the Foothills; and
2) Approve the appropriation of $29,300 from the PEG Channel Grant Fund Account
270.00.00.46013.17510.2 to Expenditure Account 270.10.140.51101.17510.2 and
authorize the Chief Executive Officer to execute Amendment No. I to the
Professional Services Agreement.
5. RE-CERTIFICATION OF COMMUNITY HOUSING DEVELOPMENT
ORGANIZATION'S (CHDO'S)A D APPROVAL OF AFFORDABLE HOUSIN
AGREEMENT
Staff recommends that the City Council:
® Certify NHSLA as the City's CHDO; and
® Authorize the Chief Executive Officer to execute the agreement allocating an amount
City Council RSgU/8[ K0e8t)Dg K8/DUteS
O/21/13
not to exceed $450'000 in HOME funds and $321.000 in Neighborhood Stabilization
P[DQ[aDl |OCoOle for the administration of the Acquisition/Rehabilitate/Resale
(Council Member Pacheco pulled Item No. 5for further
Council Member Pacheco asked Staff to provide more background on th8NHGLA.
Vijay GiOgh@[ Chief Executive Officer, noted that GUG8O B8|dvvO, Executive
Administrative Assistant to Human Resources, could provide more detail.
K8S. Baldwin clarified that there is already an 8Q[eenlerkVVdh NHSA and that they mFiz nn
organization that is very well known as an affordable housing organization.
A motion was 08d8 by P@CheCO. seconded by Lozano, and carried (4—O—OAbsent:
Mayor Pro Tern Monica Garcia) to approve Item No. 5.
VACANCIES
Staff recommends City Council b} review the submitted Commission 8pp|ic8tiOD(8).take
OOOliOatjODS and adopt Resolution NV. 2013-028 entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BALO\8/|N PARK APPOINTING |N[}|V|[}U/\L8 TO
THE PLANNING C{}MNi|8G|{}N OF THE CITY OF BALDVV|M PARK TO OFFICES
NUMBERS 1, 2, AND 3"
HOUSING COMMISSION
Staff recommends City Council to review all Commission applications, take DnmiD@ti0OS
and adopt R8SO|UtioO yJO. 2013-013 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BALDVV|N PARK APPOINTING INDIVIDUALS TO THE H[)U8|N{S
C(]K8K8|G@|C}N OF THE CITY OF 0ALD\A/|N PARK TO C}FF|{}E N{}8. 1, 2, 3, 4' 5, Q^ O'"
subject to SEdiSf8[t0ry bGCkon}UOd8 checks through the Department Of Justice, as
6b M-MUN-ICATIONS
Request by Mayor Manuel Lozano for discussion & direction to staff on the following:
To update Royal Coaches Company contract and scope of services with additional
incentives for the City of Baldwin Park.
City Council Regular Meeting Minutes
8/21/13
Mayor Lozano noted that he has had conversations with the owners of Royal Coaches
Company, and he also noted that they have made many contributions to the City of
Baldwin Park. He announced that Royal Coaches sponsored the National Night Out,
and the boxing program. He directed Staff to meet with Royal Coaches so that the
Company could identify the incentives they could provide to the City.
A motion was made by Lozano, seconded by Rubio, and carried (4 -0) to meet with
Royal Coaches to see what incentives they could provide to the City.
Council Member Pacheco clarified that at this point, there was no agreement to update
their contract.
Request by Mayor Pro Tem Monica Garcia for discussion :: direction to staff on '11-1c
(Mayor Lozano moved this Item because Mayor Pro Tern Garcia was not present).
In addition to Safe Routes to School, direct staff to pursue HSIP funding at the next
opportunity / in 2014. The new federal surface transportation act, "Moving Ahead for
Progress in the 21 st Century" (MAP -21), was signed into law on July 6, 2012. Under
MAP -21, the Highway Safety Improvement Program (HSIP) remains as one of the core
federal -aid programs. The specific provisions of the HSIP are defined in Section 1112 of
MAP -21 which amended Section 148 of Title 23, United States Code (23 USC 148) to
incorporate these provisions. The purpose of this program is to achieve a significant
reduction in traffic fatalities and serious injuries on all public roads, including non- State-
owned public roads and roads on tribal land.
Request by Councilmember Ricardo Pacheco tor discussion
the following:
® To provide legal cost breakdown update regarding the Baldwin Park Public Employees
Complaint for Damages and injective Relief for Violations of individual Civil Rights and
Liberties Case involving Marlen Garcia as Councilmember for the City of Baldwin
Park. Federal Case Number CV12- 00512, United States District Court Central District,
California.
Council Member Pacheco noted that Council Member Garcia has been accused of civil
rights violations. He wants to know if the funding for legal council is coming out of the
general City fund, and how many attorneys have been hired for this.
Council Member Garcia stated that she agrees with the request for legal cost
breakdowns, but requested that in the sake of transparency, Staff also provide the
following: full names of the Plaintiffs, titles of the Plaintiffs in the Police Department,
Plaintiff's Affiliation to Baldwin Park's Association with timeframes, the initial date the
lawsuit was filed, the initial defendants, the date the POA filed a separate lawsuit against
the City, the cost of frivolous law suits, and the fact that they offered to endorse her if
she agreed to settle the lawsuit.
Vijay Singhal, Chief Executive Officer, noted that lawsuit issues continue to be
addressed publicly, and that the information of the fees has been provided to the Council
,, • - Ml :+
City Council Regular Meeting Minutes
8/21/13
during Closed Session. He also noted that he cannot provide information about the
votes and fees because they are not meant to be public.
Council Member Garcia noted that it is interesting that she was asked to settle after she
gave her deposition.
Mayor Lozano stated that everyone has a vested interest in these matters, and thanked
the Council because they have not cut any police officers or laid anyone off. He noted
some cities that have cut Police Officers. He reminded all that next March, Baldwin Park
residents would vote, and that he personally would prefer the Police Department
because they have brought much good to the City. He noted that even though the
economy has changed, many residents of Baldwin Park are embarrassed to express
hnky the raraccinn affected them.
Council Member Pacheco noted that the Mayor should not state that he supports the
Police Department if he is recommending that the City employ the Sheriff's Department.
® To explore and provide staff report for new revenue sources:
1. Electronic billboard revenue
2. Foreclosure registration program
3. Media and film production site location Fees
Council Member Pacheco noted that he has different ideas to bring revenue to the City.
He encouraged Staff to look at funding sources that are available to the City through
State Representatives and other sources. He noted that Electronic Billboard Revenue
does bring much revenue to the City whether they like it or not. He also noted that the
City of West Covina uses a foreclosure program to keep foreclosed homes in good
condition. He noted that his strategy is not to lay people off, cut programs, use the
Sheriff's Department, but rather use grants to bring more funding to the City.
r 0
A motion was made by Lozano to adjourn the City Council meeting at 9:10 p.m.
Mayor
ATTEST:
City Clerk
MINUTES
BALDWIN PARK CITY COUNCIL SPECIAL MEETING
August 21, 2013, 5:30 P.M.
CITY HALL — 3 d Floor Conference Room 307
14403 East Pacific Avenue, Baldwin Park, CA 91706.
The meeting was called to order by Mayor Lozano at 5:30 p.m.
PRESENT:
Council Member Marlen Garcia
Council Member Susan Rubio
Council Member Ricardo Pacheco
Mayor Manuel Lozano
ABSENT:
Mayor Pro Tern Monica Garcia
None.
The meeting was recessed to Closed Session at 5:33 p.m.
Agency Negotiators: Vijay Singhal, Chief Executive Officer and other
representatives as designated
Employee Organizations: SEIU; Clerical; Professional and Technical Employees;
Police Management Employees; Confidential
Employees; Confidential Management and the Baldwin
Park Police Officer's Association; Un-represented
employees; and part-time employees.
2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATIOA
(GC §54956.9 (d)(1)
Adams et. a[. v. City • Baldwin Park et. al., USDC Case No.: CV12-00512
GAF(AJWx) BPPOA v. City of Baldwin Park et al., USDC Case No: CV1 3-01534
DMG (VBKx) BPPOA v. City of Baldwin Park, LASC Case No: BS140802
City Council Special Meeting Minutes
8/21/13
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS — GC §54956.8
Property: 4058 Walnut Street
City Negotiator: Vijay Singhal, Marc Castagnola
Negotiating Parties: Fannie Mae
Under Negotiation: Price and Terms of payment
The Special Meeting was adjourned at 6:30 p.m.
1111 ", M0
City Clerk
FEATINJID-0601M
1��
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
August 07, 2013, 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 917007
The meeting was called to order by Ben Espinoza, special guest, at 7:15 p.m.
ff���fl IIIIIIIIII I I! I III I I 11111111'' 1 � 111! 11111111111 i I'! I !I III! ]��
The Pledge of Allegiance was lead by Mayor Lozano.
WK-99go'1111
The following Council Members were in attendance:
Council Member Marlen Garcia
Council Member Ricardo Pacheco
Council Member Susan Rubio
Mayor Pro Tern Monica Garcia
Mayor Manuel Lozano
Council Member Rubio stated that she teaches third grade and selected Ben Espinoza
to pretend to be acting Mayor for the night based on his high performance in class. She
also thanked all elected officials who attended the 5K run last Saturday.
Mayor Lozano invited Ben Espinoza to attend the 5K run next year.
Council Member Garcia thanked all the elected officials who attended the 5K run. She
noted that many elected officials were there because she invited them. She announced
that Baldwin Park is having an E-Waste on Saturday, August 24th.
Council Member Pacheco thanked the police officers who organized the National Night
Out. He thanked Target for offering a space to hold the event and the Fire Department.
Mayor Pro Tern Garcia announced that she attended the Independent Cities
Association Conference in July. She asked that the meeting be closed on behalf of Luis
Hernandez (grandfather and father) who passed away and had been a member of
Baldwin Park for many years.
City Council Regular Meeting Minutes 8/7/13
N
Certificate recognition to the Officers of the Baldwin Park SWAT Team for their
Exceptional Service in Keeping Our Streets Safe.
Council Member Pacheco asked that this recognition be moved to the next
meeting because the SWAT Team could not be present today.
• Oath of Office presentation for Edith Flores, Planning Commissioner.
Ben Espinoza asked Ms. Flores to please step up. Mayor Lozano led Ms. Flores
in the Oath of Office,
• 1-10 HOV Project presentation by Caltrans.
Representatives of CalTrans and MCM Construction outlined what the 1-10
project would consist of and the ultimate goals of the project such as to improve
the quality of residents, mitigate noise, and promote energy efficiency. They
outlined the various segments of the project, and the estimated completion date,
which is Summer 2013. They noted various areas where there have been
expenditures to date such as graffiti removal.
Council Member Pacheco noted that this is a great project.
Council Member Garcia requested that CalTrans provide quarterly presentations
for the residents.
Mayor Pro Tem Garcia also requested that CalTrans provide quarterly
presentations, and asked how residents will be notified of the upcoming project.
Representatives stated that they would go door to door to keep residents
informed.
Mayor Pro Tem Garcia asked CalTrans to contact the City Manager to address
weed and graffiti abatement.
Council Member Rubio thanked CalTrans for their work, and also noted the need
to address graffiti abatement, especially with the start of school.
Mayor Lozano announced that public communications open and the limit of three (3)
minutes for each speaker.
Thomas Kerry noted that those who condemn derogatory terms should look up
the true meaning of "derogatory." He asked why someone who works in the City
City Council Regular Meeting Minutes
8/7/13
for a couple of months is paid more than someone who has worked in the City for
fourteen years. He noted that there is also racism and bias in the Council. He
stated that shuffling money has driven the City to bankruptcy.
Paula Garcia stated that there is a lot of red paint in the parking lot in front of
Kaiser and asked whether it is really necessary because it creates many
problems with parking.
Art Luna noted that it is citizens' constitutional right to speak up; he added that
even non - residents have the right to speak up. He stated that Mr. Wall is trying
to get the City cleaned up. He stated that those who did not show up to the walk
ale Q disgr ace L the City.
Esperanza Cardenas stated that Mayor Lozano asked her to come today after
she had asked Mayor Lozano and Council Member Pacheco for help. She read
a letter that she wrote to Mayor Lozano about her problems with her son who has
been getting arrested by the Police. She also stated that her son was sexually
abused by various Police Officers, and that they arrested him because he knew
too much.
Greg Tuttle asked if the Finance Director has a CPA License. He read a false
statement made by Council Member Garcia. He noted that Council Member
Pacheco did not attack Council Member Garcia based on the fact that she was a
woman, but rather on the fact that she was acting unprofessionally as a
Councilmember. He stated that the City needs a forensic person to conduct a
real audit.
Liliana Carrera read a press release from the National Organization for Women
that condemned Council Member Pacheco for his verbal abuse towards Council
Member Garcia. She asked Council Member Pacheco to apologize to Council
Member Garcia.
Mr. Cunningham stated that his two children have participated in sports in
Baldwin Park, and that the programs have been very beneficial, but have been
eliminated for budgetary reasons.
Mayoa Smith spoke about being discriminated against by the Parks and
Recreation Department, and about a breach of contract. She clarified that she
has filed lawsuits against the program and against Director, Manny Carrillo.
Alfredo Romero, Program Specialist for the City of Baldwin Park, raised his
concerns regarding staff hours and raises. He noted that there is a rumor that he
will be fired for speaking out in order to make an example of him.
Julian Casas spoke about his $8.40 per hour salary, and the fact that Council
Member Garcia's daughter makes $10.40 as an inexperienced lifeguard. He
noted that Mr. Carrillo works for Council Member Garcia. He asked for the
resignation of •'
Page 3 of 10
City Council Regular Meeting Minutes 8/7/13
Michael Guillen noted the importance of the boxing program.
Paul Cook asked Council Member Garcia to listen to the grievances of the
residents and not ignore them with her computer.
Eric Garcia stated that recently the only response the boxing program has
received is close monitoring of their head coach. He spoke of the importance of
the program, and the fact that prices go up and hours go down.
Zachary noted that he recently joined the boxing program, and that it is a great
program for the youth.
Rene Huerta spoke in favor of the boxing program and note that he is bothered
by the fact that Council Member Garcia ignores them.
Paul Cook noted that Mayor Lozano made a promise to the boxers and has not
kept that promise. He asked Mayor Lozano, Mayor Pro Tem Garcia, and Council
Member Garcia to resign.
Mr. Plata stated that the biggest solution in terms of budgetary restraints is the
Police Department. He noted the disrespect of Mayor Pro Tern Garcia for
giggling and ignoring residents.
Mary Ferrer noted that the National Night Out rally was not the appropriate
location to bring political issues. She stated that the Council needs to make
decisions regarding the Police Department and the Sheriff's Department.
Cecilia Bernal stated that she attended National Night Out but was very
disappointed when she realized how politicized the event was. She noted that
Mr. Carrillo does a terrific job, and that many residents appreciate his work.
John Rios noted that the Council needs to wake up and realize that the residents
are not satisfied with it. He stated that six months ago Council Member Rubio
suggested that the people vote, but was denied that request. He asked that
individuals who support the current Council need to open their eyes and attend
all of the meetings.
There being no additional comments, Mayor Lozano closed public communications.
Council Member Garcia thanked Ben Espinoza for attending the meeting.
Ben Espinoza shared some of his future goals. He noted that he would like to
create more sports teams, that he would like to place more crossing guards •
the streets, and recycle every piece of trash he finds.
City Council Regular Meeting Minutes
8/7/13
Council Member Garcia noted that Council Member Pacheco did use a
derogatory term against her, and she stated that in the fourteen years that she
has served in office, she had never heard him refer to any other Councilmembers
in that way. She stated that she does not puppet Mr. Carrillo, or receive laptops
from Royal Coaches. She stated that she would not resign.
Council Member Pacheco stated that Council Member Garcia is trying to avoid
the true issue, which is that she is being sued in Federal Court. He stated that
she is avoiding the lawsuit that is costing the City half a million dollars.
Council Member Garcia stated that the expensive litigation stems from the Police
n ®m. rr >, -,e-"s fruitless lawsuit. She noted that she wants her day in court.
LaG —VGU u o i1 is v
Council Member Pacheco noted that a lot of money is going to Council Member
Garcia's request for more lawyers.
Mayor Pro Tern Garcia encouraged residents to read the budget provided
because it is a line -item budget that clarifies many of the questions residents
have. She noted that Baldwin Park has received the Achievement for Excellence
in Financial Reporting Award. She also noted that it is not possible to give
increases during a deficit.
Mayor Lozano referenced Mr. Cook's statement that Mayor Lozano refused to
meet with him, and stated that he will not meet with him because he has
outstanding litigation pending against him. He also asked Mr. Wall to address
the concern of raising taxes, and stated that Proposition 218 prohibits the Council
from raising taxes.
Daniel Wall, Public Works Director, clarified that there will not be a $100 tax
increase.
Council Member Rubio stated that Mayor Pro Tern Garcia's statement that Mr.
Robles is her campaign manager is false. She asked the Mayor not to allow
false statements at meetings.
Mayor Pro Tern Garcia asked Council Member Rubio to stop denying that Mr.
Robles is her campaign manager.
(Item Nos. 6 and 8 were pulled)
1 motion •- by • • seconded by -, Garcia, • carried f to
approve Agenda Item Nos. 1 through 8 on the Consent Calendar with the exception of
Item Nos. 6 and 8.
City Council Regular Meeting Minutes
8/7/13
2. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands.
3. TREASURER'S REPORT: JUNE 2013
Staff recommends that the Finance Authority receive and file the June 2013
Treasurer's Report.
6. STATUS REPORT ON PHASE 11 STUDY BEING CONDUCTED BY LA
COUNTY SHERIFF
Recommendation: That Council receive and file the report.
(Council Member Pacheco pulled Item No. 6 for further discussion).
Council Member Pacheco stated that he does not agree completely with the
entire report. He stated that one of the concerns is that this is last year's budget
information. He noted the dangers of not providing accurate and current budget
information, and asked that the Council find a better strategy for budgeting. He
opined that the budget is overinflated for the Police Department.
City Council Regular Meeting Minutes 8/7/13
Mayor Lozano stated that Council Member Pacheco's remarks are fair and
balanced.
A motion was made by Lozano, seconded by Pacheco, and carried (5-0) to
approve Item No. 6.
(Council Member Pacheco pulled Item No. 8 for further discussion)
Council Member Pacheco noted that he would not support any of the law firms
listed. He noted that the firm that provides City Attorney services to Baldwin Park
also provides services to the City of Irwindale, which could create conflicts of
interest. He also stated that the City of Irwindale was identified as the main
leader in the preparation of an Environmental Report, but failed to provide the
report in a timely manner. He requested that the Council interview various firms.
Mayor Lozano clarified that the City has six law firms on a panel.
Council Member Rubio stated that she understands why the City needs various
options but that certain listed firms have prices that are much higher than other
firms.
Council Member Garcia stated that she supports the three firms because the
firms listed specialize in different fields. She reminded Council Member Pacheco
that rates could still be negotiated.
A motion was made by Lozano, seconded by Marlen Garcia, and carried (3-2) to
approve Item No. 8.
AYES:
Garcia, Garcia, Lozano
NOES:
Pacheco, Rubio
ABSENT:
None.
ABSTAIN:
None.
City Council Regular Meeting Minutes
I'll 1, 1
MW 1=2907-Mr
� Rk
I I & 1 :11111,41 Jill :4,
8/7/13
Amy Harbin presented the implementation report, which shows the City's
development activity.
Mayor Lozano noted that there was no interest in public comment.
A motion was made by Lozano, seconded by Marlen Garcia, and carried (5-0) to
adopt Resolution 2013-029.
10. CONSIDERATION OF RE-APPOINTMENTS TO FILL STUDENT VACANCIES
FOR THE RECREATION AND COMMUNITY SERVICES COMMISSION
Staff recommends City Council review the student commission
applications and school recommendation to:
1. Approve Resolution No. 2013-030; and
2. Re-Appoint Commission Offices subject to satisfactory
background checks through the Department of Justice.
Council Member Pacheco asked the City Treasurer to read the
names of the applicants.
Mayor Lozano noted that there are only two positions.
A motion was made by Lozano, seconded by Pacheco, and carried
(5-0) to re-appoint Kimberly Lao and Ruth Gabriels to the
Recreation and Community Services Commission.
1�=
City Council Regular Meeting Minutes
8/7/13
Staff recommends City Council to review all Commission applications, take
nominations and adopt Resolution No. 2013 -013 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING
INDIVIDUALS TO THE HOUSING COMMISSION OF THE CITY OF BALDWIN
PARK TO OFFICE NOS. 1, 2, 3, 4, 5, & 6," subject to satisfactory backgrounds
checks through the Department of Justice, as follows:
3
4 June 30, 2015
5
Tenant - 6 June 30, 2016
Tenant 7 (62 +) PENDING APPLICATIONS
A motion was made by Mayor Lozano, seconded by Marlen Garcia, and carried
(5 -0) to table Item No. 11 to the next meeting.
IRA
. - •
COMMUNICATIONS
Mayor Lozano noted that all the Council Members support the Police Department, but
that he would like for residents to vote on the issue. He also clarified that the Sheriff's
study has not cost a single penny.
Council Member Pacheco noted that even though the study has not been paid yet, it
would cost $90,000.00 in the future. He stated that if the Mayor supported the Police
Department, he would abandon the study on the Sheriff's Department.
City Attorney, Joseph Pannone, reminded Council Members that this discussion could
not continue because it is not on the agenda.
Vijay Singhal, Chief Executive Officer, reminded Council Members that he could not talk
about what happens during Closed Session.
Mayor Lozano asked to place on the next agenda a request to make negotiations with
the Police Department public, in order to inform residents and allow them to vote.
A motion was made by Lozano, seconded by Marlen Garcia, to adjourn the City Council
meeting at 9:54 p.m. in memory of Luis Hernandez.
Approved:
MINUTES
BALDWIN PARK CITY COUNCIL SPECIAL MEETING
August 07, 2013, 5:30 P.M.
CITY HALL — 3 d Floor Conference Room 307
14403 East Pacific Avenue, Baldwin Park, CA 91706.
The meeting was called to order by Mayor Lozano at 5:30 p.m.
Council Member Marlen Garcia
Council Member Susan Rubio
Council Member Ricardo Pacheco
Mayor Pro Tern Monica Garcia
Mayor Manuel Lozano
None.
The meeting was recessed to Closed Session at 5:33 p.m.
k Ilk
Property: 13940 Live Oak Avenue, Baldwin Park, CA 91706
Agency Negotiators: Vijay Singhal & Joseph Pannone
Negotiating Parties: Doug Corcoran, Waste Management
Under Negotiation: Price and terms of payment
i agpuywE��
Agency Negotiators: Vijay Singhal, Chief Executive Officer and other
representatives as designated
Employee Organizations: SEIU; Clerical; Professional and Technical Employees;
Police Management Employees; Confidential
Employees; Confidential Management and the Baldwin
Park Police Officer's Association; Un-represented
employees; and part-time employees.
8/7/13
3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(GC §54956.9 (d)(1)
Adams et. al. v. City • Baldwin Park et. al., USDC Case No.: CV12-00512
GAF(AJWx) BPPOA v. City of Baldwin Park et al., USDC Case No: CV1 3-01534
DMG (VBKx) BPPOA v, City of Baldwin Park, LASC Case No: BS140802
J-
Mayor Pro Tern Garcia stated there was no reportable action.
The Special Meeting was adjourned at 6:30 p.m.
Mayor
FA'J0VWJ
City Clerk
MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
CALL TO ORDER
The meeting was called to order by Mayor Lozano at7:O5p.m.
INVOCATION
The invocation was provided by Mayor Pro Tern Garcia.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Lozano.
ROLL CALL
The following members of the City Council were inattendance:
Council Member K8ar|enGarcia
Council Member Ricardo Pacheco
Mayor Pro Tern Monica Garcia
Mayor Manuel Lozano
Absent:
Council Member Susan Rubio (excused)
ANNOUNCEMENTS
Mayor Lozano announced as required by Government Code section 54954.3. that members of the City
Council are also members of the Board of Directors nf the Housing Authority and Finance Authority,
which are concurrently convening with the City Council this evening and each Council Member is paid on
additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance
Authority meeting.
Mayor Lozano noted that he received Mr. Wood's phone call regarding negotiations about the fire hydrant
installation.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
• Recognition to Mr. & Mrs. Jack White on celebrating their 60th Wedding Anniversary.
Mayor Lozano recognized Mr. & Mrs. White for being married for GOyears. He noted that Mr.
White is a former Los Angeles Police Officer who reached the level of Commander and worked
for the District Attorney; he is also an elected official for the Baldwin Pork Unified School District.
• Certificate of recognition for the Officers of the Baldwin Park SWAT Team for their participation in
the arrest of Felony Murder Suspect.
Council Member Pacheco requested that this presentation be moved to the next meeting.
City Council Regular Meeting Minutes 7117/13
® Oath of Office presentation for Natalie Ybarra, Planning Commissioner.
Mayor Lozano introduced Ms. Ybarra, and asked her to raise her right hand and take the Oath of
Office.
PUBLIC COMMUNICATIONS
Mayor Lozano announced that public communications as open and a three (3) minutes limit for each
speaker.
Alfonso Contreras asked for more information on Item Nos. 9 and 10,
Rafael Gonzales and Luis Escobar spoke together and announced that the library would be closed for
refurbishment. They announced that it would re -open in the spring.
Jesse Plata noted that he does not always agree with his City Representatives. He stated that, after
listening to both sides of the discussion about the Police Department, he still has some questions. He
noted that there is no money and that the Police Department is offering fewer hours for a higher cost.
He also noted that his experience with the Police Department has been 50/50.
Art Luna stated that the City Council does not listen to him. He noted that the Council has violated the
Brown Act by having secret negotiations with the Police Department. He reminded Council Members
that they have to work for the people and not the other way around.
Council Member Pacheco stated that Mr. Plata is wrong. He noted that the majority of the people do
not want the Sheriff's Department. He reminded the Mayor that he was not elected to be popular, but
rather to represent the citizens, and that he should let the people vote.
Katherine Reyes asked why Baldwin Park is not participating in the National Night Out. She also
asked that the City keep the Police Department.
Raul Reyes noted that he supports Item No. 6 and that he is in favor of keeping the Police
Department. He noted that the number -one priority is public safety and that the people are demanding
that the Police Department stay.
An unidentified speaker stated that she has been a citizen of Baldwin Park for 40 -plus years and noted
that she was here when the Sheriff's Department was in Baldwin Park, and that they did not do a good
job. She stated that she supports the Police Department.
Thomas Kerry noted that he has not had any troubles with the Police Department, and that if the City
hires the Sheriff's Department, they will get a lot of litigation. He stated that some of the City Staff
should take a pay cut to help the budget. He stated that an outsider who attended a previous meeting
could not believe what happens during Council Meetings at Baldwin Park since Marlen Garcia hides
behind her computer and argues until she has had the last word.
Julian Casas stated that it is unjust that he makes $8.40 per hour after 14 years of work, and that
Council Member Garcia's daughter makes $10.40 per hour as an inexperienced lifeguard. He asked
how many years he needs to work to have a fair wage. He also noted that Manny Carrillo makes
about $160,000 a year, and that there is a large cafe budget for elected officials.
John Rios noted that the City Council should be composed of 5 members, but that 3 members run it.
He stated that over 70% of the residents want to keep the Police Department.
City Council Regular Meeting Minutes
7/17/13
Mayra Smith stated that she was discriminated against when she was denied a promotion to become a
program specialist because she was African American. She outlined her educational background and
her experience with racism. She stated that she had been working for Parks and Recreation for over
15 years and that she feels her Civil Rights have been violated.
Eric Ramirez stated that he works at Parks and Recreation, and that the cuts that are being
implemented will affect the children of the City.
An unidentified speaker who works for Parks and Recreation noted the discrimination that occurs in
this Department. He stated that he has only been evaluated once, even though he has been working
for five and a half years. He added that many of the recreation leaders do not get recognition for the
work they do. He also noted that hour cuts have affected his job performance.
Mary Montoya stated that she has been working for Parks and Recreation for over 11 years. She
noted that she is upset that the hours are being cut because the children who benefit from these
programs have no one else. She stated that her supervisor, Rudy Galindo, told her that there would
be more budget cuts because of the Police Department, but she asked whether cuts are happening
across the board, or are only affecting part- timers and not management.
Alfredo Romero, Program Specialist for Baldwin Park, stated that he has been employed for 8 years.
He noted that Mr. Carrillo and Vijay Singhal have discussed budget cuts, and that they are cutting
individuals' hours because they do not want them to qualify for benefits. He stated that he has seen
the e -mails himself and has proof of this. He also stated that select staff would be able to receive
benefits. He also noted that many of the staff is unhappy with raises and promotions but are scared to
speak. He stated that it is unfair that certain individuals are kept at minimum wage while others are
hired for $10 per hour. He asked the Council not to cut the boxing program because it makes a big
difference in the youth's lives.
Laura Cazares noted her support for Council Member Pacheco's recommendation to allow the citizens
to vote. She also stated that the National Night Out is very important. She noted that public safety
should be a priority over a parking structure.
Magda Trellis stated that she does not care about which department keeps public safety in the City,
but rather, she cares about having a department that will serve responsibly. She noted that she does
not want a department that asks for a raise right away because there is no money for Parks and
Recreation. She asked the Council to open more doors to bring money into the City.
Cecilia Bernal noted that she would like more studying done before a decision is made. She also
invited the Council to a backpack giveaway on Saturday. She noted that she listens to the recordings
when she cannot attend, that she was listening to the last meeting with her grandson, and that she
was appalled that Council Member Pacheco called Council Member Garcia an "ass."
Erica Barraza stated that she is disappointed at Council Member Pacheco's unprovoked attack against
Council Member Garcia. She stated that the citizens of Baldwin Park expect better leaders. She
noted that Council Member Pacheco insulted all women when he used a derogatory term to refer to
Council Member Garcia. She asked that Council Member Pacheco apologize.
Mr. Tuttle told Council Member Pacheco that if he apologizes, he would not speak to him anymore.
He asked Council Member Garcia to acknowledge what an imbecile she has been. After Mayor
Lozano asked him not to attack Council Member Garcia, he stated that he would attack her because
she attacked him previously. He warned Council Member Garcia that if she comes within 5 feet of
him, he would file a grievance against her and ask for a restraining order. He stated that Council
Member Garcia, Mayor Pro Tern Garcia, and Mayor Lozano took money from the Police Department to
fund the 5K run. He noted that Ms. Hadsell, Ms. Garcia, and Mr. Singhal are being sued personally
because they are corrupt. He asked why the City Attorney could not handle their lawsuits. He stated
that the Police Department has much support. He stated that Council Member Garcia is the worst of
City Council Regular Meeting Minutes
7/17/13
any Council Member ever, and noted that she does not deserve to be a Council Member, or deserve
any respect from him.
Israel Robles stated that he has seen improvement in Baldwin Park, but that he would like for his
streets to be fixed since citizens are still paying taxes.
Fran Amaya stated that employees working at the Parks and Recreation Center are being treated
unfairly because certain people are receiving more hours, but others are having their hours cut. He
noted that the Affordable Care Act was just passed, and that it is coincidental that the City is now
cutting hours to prevent certain individuals from receiving benefits. He noted that the events that are
being carried out are boring and are not being promoted. He stated that the people in positions of
power are getting too comfortable and lazy.
Margarita Vargas noted that the City Attorney was supposed to draft rules to speak at City Hail.
There being no additional speakers, Mayor Lozano closed public communications at 8:18 p.m.
Council Member Pacheco asked citizens to notice that, as a Council Member, he does not speak out a
lot and is patient but that Cecilia Bernal needs to note how many times Council Member Garcia and
the majority has been disrespectful to him. He stated that Ms. Bernal is biased towards Council
Member Garcia. He stated that he has been married for 22 years and has daughters, and that they
should not be saying that he hates women. He stated that there is a division in the Council, and that
the budget does not talk about all the issues, but rather only shows one side of the story. He stated
that the lawsuit came about because the Council will not sit down and negotiate with the Police
Department. He noted that their jobs are now in jeopardy because they filed the lawsuit. He stated
that the Mayor has placed an item on the agenda to hire more lawyers, and that he is doing this for
political purposes because he wants to place these individuals within the City. He noted that in
December, Mayor Lozano hired another firm because his friend Mr. Bejarano works at that firm. He
stated that the priorities in the budget are misplaced because public safety should be the priority. He
stated that there have been 3 or 4 Finance Directors in the last couple of months. He asked citizens to
ask themselves why Finance Directors continue to resign. He noted that Mayor Lozano holds the
state record for throwing out citizens who speak out against him.
Council Member Garcia stated that she agrees with Council Member Pacheco in that the citizens of
Baldwin Park need to know the facts. She noted that Mr. Tuttle is not even a resident of Baldwin Park,
and that when she approached him he was afraid. She called him a bully. She noted that women who
support Council Member Pacheco's use of the word "ass" are probably accustomed to having "their
man" call them names, but that she is not. She thanked Ms. Bernal for listening to the recording. She
noted that the reason he was upset at her was because she showed up at an "illegal" meeting Council
Members Pacheco and Rubio were having with the Police Department. She stated that citizens
should have the option to vote whether or not they would like to be taxed to keep the Police
Department. She also stated that the City is bankrupt because years ago the majority, which was
made up of Council Member Pacheco and Mayor Lozano, gave Police Department the benefit of 3% at
50, which means that when Police Officers retire, the City is obligated to pay them at 90% of their
regular salaries because the officers will not pay into their retirement. She stated that the first
Department that will have cuts if the Police Department is kept would be Parks and Recreation. She
thanked levelheaded people who actually study the budget and understand that cuts need to be made.
She noted that individuals who are not from Baldwin Park do not matter. She told Council Member
Pacheco that it is a sad day when he is at the mercy of Mr. Tuttle.
Mayor Pro Tern Garcia stated that it is interesting that Parks and Recreation and the Police
Department are represented at the meeting. She noted that she has been a resident of Baldwin Park
since 1975. She stated that it is unfortunate that the Police Department cannot be afforded, but that it
is necessary to make these assessments. She stated that the Police Department says that the Parks
and Recreation Department needs to be cut, while the Parks and Recreation Department asks that
other areas to be cut. She noted that "something's gotta give," and that it was necessary to cut the
Page 4 of 12
City Council Regular Meeting Minutes
7117/13
concerts, fireworks and the parade. She noted that the cost of the Police Department is 19.1 million,
while city revenue is only about 21 million. She stated that the City has been negotiating with the
Police Department for over a year and that they offered to pay their deficit, but that the Police
Department wanted increases. She noted that even if the City can currently afford the Police
Department, pension costs will increase and the City would not be able to afford it in the future. She
stated that the City has also lost money to the State, and that even if citizens agree to be taxed, it is
unclear whether the City can afford the Police Department. She stated that the initiative by Los
Angeles to tax the residents to keep their Police Department failed. She clarified that the funds that
were used on the parking structure were restricted funds for transportation that would have gone back
to the Federal Government if they were not used for transportation. She stated that the Council's tone
is unfortunate, but that Council Member Pacheco and Council Member Rubio play the victim many
times.
Mayor Lozano noted that Mr. Tuttle is not a resident of the City. He stated that several years ago he
ran for Mayor of the City of Baldwin Park, but committed perjury because he is not a resident of
Baldwin Park. He clarified that the group that met last week across the church is ran by a paid
campaign manager of one of the individuals for Council. He stated that this individual gave false
information to residents. He assured that bankruptcy is not an option. He reminded residents that no
one has made a decision about the Police Department, that it is only a study. He noted that the study
would allow the residents to make an informed decision.
Council Member Pacheco asked his mother to stand up and answer whether he hates women or not.
He noted that there are several contracts they can work with to bring more revenue to the City. He
asked Council Members why they have not signed various contracts that would bring much revenue to
the City. He stated that there is a reason why Council Member Garcia has a lawsuit pending against
her.
Council Member Garcia told Mrs. Pacheco that she is probably very proud of her son calling another
woman an "ass ", that she probably supports that, and that being a religious woman, she is very proud
that he called her an "ass." She asked residents to look at all the facts.
Council Member Pacheco asked Council Member Garcia if the TRO and the lawsuit could be made
public on the website.
Vijay Singhal, Chief Executive Officer, noted that individuals are sued all the time, and that even if an
individual is sued, it does not mean that they are wrong. He asked that Council Members do not
discuss private legal matters.
CONSENT CALENDAR (Item trios. 1 through 8)
(Item Nos. 4 and 7 were pulled for further discussion)
A motion was made by Lozano, seconded by Marlen Garcia, and carried (4 — 0 — 0 Councilmember Rubio
Absent) to approve Item Nos. 1 through 8 on the Consent Calendar with the exception of Item Nos. 4 and
7.
1. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands.
. TREASURER'S REPORT: MAY 2013
Staff recommends that the Finance Authority receive and file the May 2013 Treasurer's Report.
. CLAIM REJECTION
Staff recommends City Council reject the claims of Anthony Delmaro, Jimmy Pimentel, Kathleen
and Lance Christensen and direct staff to send the appropriate notice of rejection to claimants.
City Council Regular Meeting Minutes
7/17/13
. APPOINTMENT OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE — SEPTEMBER 13 — 20, 2013, SACRAMENTO, CA
Staff recommends City Council appoint a delegate and alternate to represent the City at the
Annual Business Meeting of the League of California Cities.
(Item No. 4 was pulled by Council Member Garcia for further discussion).
Council Member Garcia noted that the City of Baldwin Park needs to appoint a delegate and an
alternative for this conference.
A motion was made by Marlen Garcia, seconded by Monica Garcia, and carried (4 — 0 — 0
Councilmember Rubin Absent) to appoint Council Member Marlen Garcia as the delegate for the
Conference.
A motion was made by Lozano, seconded by Monica Garcia, and carried (4 — 0 — 0
Councilmember Rubio Absent) to appoint Council Member Pacheco as the alternate for the
Conference.
NEW POLICE HELICOPTER AGREEMENT WITH THE CITY OF EL MONTE
Staff recommends: That the City Council approve the new agreement between the City of
Baldwin Park and the City of El Monte for the delivery of police helicopter services.
APPROVAL OF (1) RESOLUTION IN SUPPORT OF THE HEALTHY EATING ACTIVE LIVING
(HEAL) GRANT; (2) A SUB - CONTRACT WITH CALIFORNIA CENTER FOR PUBLIC HEALTH
ADVOCACY (CCPHA) TO PROVIDE STAFFING SERVICES TO EXECUTE THE SCOPE OF
WORK AS DESIGNATED IN THE HEAL GRANT AND (3) A SUB - CONTRACT WITH BALDWIN
PARK UNIFIED SCHOOL DISTRICT TO EXECUTE THE SCOPE OF WORK AS DESIGNATED
IN THE HEAL GRANT.
It is recommended that the City Council:
(1) Adopt Resolution No. 2013 -025 entitled, "RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK AUTHORIZING CITY STAFF TO WORK ON THE LOS
ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH PROJECT IN SUPPORT OF THE
HEALTHY EATING ACTIVE LIVING (HEAL) GRANT'; and
(2) Approve the contract with Center for Public Health Advocacy (CCPHA) to provide staffing
services on behalf of the City to execute the Scope of Work for the Healthy Eating Active Living
(HEAL) grant for the period, July 17, 2013 to September 29, 2013.
(3) Approve the contract with the Baldwin Park Unified School District to execute the Scope
of Work for the Healthy eating Active Living (HEAL) grant for the prior July 17, 2013 to September
29, 2013.
7. AGREEMENT FOR ENFORCEMENT SERVICES AT IRWINDALE EVENT CENTER
It is recommended that the City Council (1) Approve the contract agreement for overtime
reimbursement between the City of Irwindale and the City of Baldwin Park, and (2) City Council
authorize the Chief of Police to sign and execute the contract agreement.
(Item No. 7 was pulled by Council Member Garcia for further discussion).
Council Member Garcia noted that this used to be the Irwindale Speedway before. She
highlighted that this is an initiative by a City to manage its expenses.
Page 6 of 12
City Council Regular Meeting Minutes
7/17/13
A motion was made by Marlen Garcia, seconded by Monica Garcia, and carried (4 — 0 — 0
Councilmember Rubio Absent) to approve Item No. 7.
8. APPROVE MOU WITH LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION
AUTHORITY TO PARTICIPATE IN THE EZ TRANSIT PASS PROGRAM
Staff recommends that the City Council: Authorize the execution of Memorandum of
Understanding with MTA and grant signature authority to the Director of Public Works.
SET MATTERS — PUBLIC HEARINGS
. . - 1 !r 1 B• - • • - • • • •-r
FY 2013 -2014
It is recommended that the City Council: Hold a Public Hearing, and after considering testimony,
waive further reading, read by title only, and adopt Resolution 2013 -023 entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH
THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013 -2014, AND
AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL
ASSESSMENT TO THE PROPERTY TAX BILLS."
Daniel Wall, Public Works Director, noted that there is a 1.28% increase.
Mayor Lozano opened the floor to public comment.
Thomas Kerry noted that there are words far worst than "ass." He noted that the increase of 42
cents is not much.
Art Luna stated that he does not know why the Council does not just say they are going to raise
taxes. He noted that the Council is just like the state that continues to raise taxes. He stated that
if the City wants to raise money, they should get rid of the motorcycles. He told the Council that
they should go to the homes of people with a fixed income. He told the Council that the citizens
cannot afford any more tax raises.
Mayor Lozano noted that they cannot raise taxes without the approval of citizens. He read aloud
that in the 1997 and 1998 fiscal years, property owners approved the formation of Citywide Park
Maintenance to generate revenue for financing maintenance and operational costs.
Mr. Wall stated that this comes before the City Council because it is the required methodology to
make sure that City Council provides a check on Staff. He stated that the 1.28% increase was
factored in 1998 for a consumer price index.
Speaker noted that this is an ongoing, recurring tax increase that does not need to be approved.
He stated that there are street signs that cannot be read, lampposts that do not work, so it is not
worth to pay more money. He told the Mayor that he does not care about citizens going bankrupt
even though he has friends who are loosing their homes. He noted that he has not seen reports
to justify the raise. He opined that the reason the City has to have this increase is because they
are inefficient on their budget. He asked that a Certified Public Accountant be hired as a Finance
Director. He noted that the Council is hiding things, and that is why they do not want a Certified
Public Accountant.
Staff noted that the City has to have an engineer's report by law.
City Council Regular Meeting Minutes
7/17/13
Mr. Wall noted that the revenue would be $674,000, but that the cost would be $872,000. He
clarified that the difference would be picked up by the general fund, and that in previous years the
shortfall was over $500,000.
Seeing no others wishing to speak, Mayor Lozano closed the public hearing.
A motion was made by Marlen Garcia, second by Lozano, and carried (4 — 0 — 0 Councilmember
Rubio Absent) to, to waive further reading and adopt Item No. 9.
10.PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2013-024, ORDERING T?iE
ASSESSMENTS FOR THE CITYWADE LANDSCAPING • LIGHTING MAINTENANCE
ASSESSMENT DISTRICT •
it is recommended that the City Council: Hold a Public Hearing, and after considering testimony,
waive further reading, read by title only, and adopt Resolution 2013 -024 entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH
THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT
FOR FY 2013 -2014, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD
THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS."
Daniel Wall, Public Works Director, noted that the assessment amounts are the same as had
been levied in previous years. He stated that fortunately the assessment amounts would meet
the projected funding needs.
Mayor Lozano opened the floor to public comment.
Vijay Singhal, Chief Executive Officer, asked what the cost is.
Mr. Wall noted that the total anticipated revenue is over 1 million, and that the projected
expenditures are about $60,000.00 less.
Thomas Kerry asked what the CPI is.
Mr. Wall noted there is no increase.
Art Luna asked how much this Item would cost.
Mr. Wall noted that this Item is more complex because it will depend.
Art Luna asked why the numbers that Mr. Wall is reading are not available for the residents. He
noted that some people are going to loose their homes, and that they keep increasing taxes.
Mayor Lozano closed the floor from public comment.
A motion was made by Marlen Garcia, seconded by Lozano, and (4 — 0 — 0 Councilmember
Rubio Absent) to waive further reading and adopt Item No. 10.
Mr. Singhal assured Mr. Luna that there would be no increase.
City Council Regular Meeting Minutes
7/17/13
(1) Resolution 2013 -021 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE
RELATING TO BILLBOARD USES (LOCA T IOM EXISTING BILLBOARD
LOCATIONS WITHIN THE CITY OF BALDWIN PARK; APPLICANT: CITY OF BALDWIN PARK;
CASE NUMBER: AZC- 173)"
(2) Introduce for first reading, by title only and waive further reading, Ordinance 1355,
entitled, "AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING
SECTION 153.170.105 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO
BILLBOARDS."
Amy Harbin, AICP City Planner, gave a brief history on various agreements the City approved
regarding billboards. She noted that this resolution would improve the City's image.
Mayor Lozano opened the floor to public comment.
Thomas Kerry asked if these billboards will light up, and noted that these are distractions to
people driving.
Speaker asked whether Staff completed a study on the safety hazards of placing the billboards
where they will be placed.
Mary Ferrer noted that the previous speaker had a good point. She noted that these billboards
are distractions to drivers.
Magda Trellis stated that these billboards would create problems on the roadway.
Mayor Lozano closed the floor from public comment.
Ms. Harbin noted that this amendment only changes the Municipal Code to allow the City to
consider these billboards, but that a company who proposes to place a billboard would have to
conduct safety hazard studies.
Staff Member noted that Caltrans also has to approve the billboards.
A motion was made by Lozano, seconded by Monica Garcia, and carried (4 -0), to approve
Resolution 2013 -021.
A motion was made by Lozano, seconded by Monica Garcia, and (4 — 0 — 0 Councilmember
Rubio Absent), to introduce for first reading, by title only and waive further reading of Ordinance
1355.
City Council Regular Meeting Minutes
7/17/13
Amy Harbin, AICP City Planner, outlined the request. She explained what the request would
entail, and that the Planning Committee reviewed this.
Mayor Lozano opened the floor to public comment.
Thomas Kerry noted that he is fifty /fifty on this proposal.
Mayor Lozano closed the floor from public comment.
A motion was made by Lozano, seconded by Pacheco, and (4 — 0 — 0 Councilmember Rubio
Absent) to approve Item No. 12.
13. CONSIDERATION OF APPOINTMENTS AND RE- APPOINTMENTS TO FILL VACANCIES
FOR THE RECREATION AND COMMUNITY SERVICES COMMISSION
Staff recommends City Council review the commission applications to appoint or reappoint
individuals to serve on the Recreation and Community Services Commission by:
1. Approving Resolution No. 2013 -026; and
2. Appoint or Re- Appoint Commission Offices subject to satisfactory background checks
through the Department of Justice.
Council Member Garcia noted that many incumbents have reapplied.
A motion was made by Marlen Garcia, seconded by Lozano, and (4 — 0 — 0 Councilmember
Rubio Absent) to consider Irma Tarango for Position 1, Cecilia Bernal for Position 2, Martha
Reyes for Position 3, Joanne Watkins for Position 4, and Alfredo Orozco for Position 5.
i. i T UNTUNLon-1 I us] Z
.. . .
To withdraw the City's request for a Los Angeles County Sheriff's Department Phase II Study.
Council Member Pacheco made this motion on account of his discussions with hundreds of
residents of the City to keep the Baldwin Park Police Department.
Council Member Pacheco asked that the Sheriff's Proposal for Phase II be reconsidered since
many individuals are not interested in hiring the Sheriff's Department. He asked for an update on
the Phase 11 Study. He asked that a Staff Report be prepared for the next meeting.
City Council Regular Meeting Minutes
7/17/13
Mayor Lozano noted that the citizens will be able to vote and that the City has not been charged
$90,000.00.
Council Member Pacheco noted that he never mentioned anything about not allowing citizens to
vote. He asked for a written Staff Report at the next meeting.
Vijay Singhal, Chief Executive Officer, noted that there has not been any progress because the
City is still in private meetings.
Council Member Pacheco noted that the TRO is an important piece of information and that it
should have been brought before the residents.
Mayor Lozano stated that transparency is important and that the public should know who is
accepting iiioiieji from pertain Departments.
Council Member Pacheco asked Mayor Pro Tern Monica Garcia to outline the TRO.
Mayor Pro Tern Garcia stated that the TRO is about the City considering a proposal by the
Sheriff's Department, while at the same time meeting with the Police Department. She noted that
a decision has not been made. She stated that in Phase II, the City would study the City's assets
and the costs of going forward with the Sheriff's Department, after which, the City could make a
decision. She stated that after she went to the Court, the Court asked the Council to meet and
confer with the Police Department.
Mr. Singhal noted that he cannot present negotiations that happen during Closed Session.
Council Member Pacheco noted that the TRO is a public document and that he is asking staff to
present a report in writing that shows what the impact of the TRO was on Phase II.
Have the City participate in the National Night Out (NNO) and provide exhibitions for the public
such as SWAT Equipment, Police units, Police Citizen organization information. The NNO is a
unique crime and prevention annual event sponsored by many cities and it takes place each year
on the first Tuesday in August. Previous National Night Out events have involved citizens, law
enforcement agencies, civic groups, neighborhood organizations, neighborhood crime watch
groups, and local officials from all over the City of Baldwin Park. The events are designed to:
1. Heighten crime and drug prevention awareness;
2. Generate support for, and participation in, local anti -crime programs;
3. Strengthen neighborhood spirit; and
4. Send a message to criminals letting them know that neighborhoods are organized and
fighting back.
Council Member Pacheco made a motion to direct the Chief Executive Officer and staff to
organize, participate, and provide exhibits for the NNO activities.
Council Member Pacheco read his request.
A motion was made by Pacheco, but failed for lack of a second, that the City participates in the
National Night Out.
Mayor Lozano stated that he supports the National Night Out from a different City.
City Council Regular Meeting Minutes
7/17/13
Council Member Garcia stated that it violates state law to ask employees to volunteer in the
capacity that he /she currently serves.
City Attorney, Joseph Pannone, clarified that this is Federal law.
Council Member Garcia noted that this program was cut back because of the high costs. She
stated that the City simply cannot afford this program, and that it sends a wrong message to
citizens to support this project when other programs are being cut. She recommends looking to
another city hosting the event and partnering up.
®
To add the law firms of Ross & basso, Kick Vlivares and Richards Watson and Gershon to the
City's attorney panel and bring professional services agreements for Council approval at the
next meeting.
Mayor Lozano noted that he is concerned about legal issues with the City of Irwindale, and that
other cities have panels of attorneys. He noted that there is no cost.
Council Member Pacheco asked whether there is a cost.
Mayor Lozano noted that there is a cost if the City uses them.
Council Member Pacheco asked why City Attorney, Joseph Pannone, cannot represent the
City.
Mayor Lozano stated that Mr. Pannone practices in the City of Irwindale, and that the issue
with Irwindale could provide a conflict of interest.
A motion was made by Lozano, seconded by Monica Garcia, and (4 — 0 — 0 Councilmember
Rubio Absent) to bring his request, to add the law firms to a panel, to the next meeting.
EJOLNIN391111
A motion was made by Lozano, seconded by Garcia, and (4 — 0 — 0 Councilmember Rubio Absent) to
adjourn the meeting at 10:11 p.m.
Mayor
ATTEST:
City Clerk
MINUTES
BALDWIN
CITY HALL — 3 d Floor Conference Room 307
14403 East Pacific Avenue, •win Park, CA 91706.
The meeting was called to order by Mayor Lozano at 5:30 p.m.
The following members of the City Council were in attendance:
Council Member Marlen Garcia
Mayor Pro Tern Monica Garcia
Mayor Manuel Lozano
Absent:
Council Member Ricardo Pacheco
Council Member Susan Rubio
►Wei-
The meeting was recessed to Closed Session at 5:34 p.m.
8437 - 004 -060 J & J Warehouse Co. /Newman Tek Capital 14417 Ramona
8437 - 004 -061
14433 Baldwin Park Llc
14433 Ramona
8437 - 004 -062
14433 Baldwin Park Llc
14433 Ramona
8437 - 004 -063
J & J Warehouse Co. /Newman Tek Capital
NA
8437 - 004 -064
J & J Warehouse Co. /Newman Tek Capital
14467 Ramona
8437 - 004 -065
J & J Warehouse Co. /Newman Tek Capital
14519 Ramona
8437 - 004 -066
J & J Warehouse Co. /Newman Tek Capital
14483 Ramona
8437 - 004 -067
J & J Warehouse Co. /Newman Tek Capital
14455 Ramona
8437 - 004 -069
J & J Warehouse Co. /Newman Tek Capital
4124 Maine
Commission Negotiators: Vijay Singhal & Joseph Pannone
Negotiating Parties: Co./New
City Council Special Meeting Minutes 7/17/13
14433 Baldwin Park LLC
Under Negotiation: Price and terms of paymenl
Agency Negotiators: Vijay Singhal, Chief Executive Officer and other
representatives as designated
Employee Organizations: SEIU; Clerical; Professional and Technical Employees;
Police Management Employees; Confidential
Employees; Confidential Management and the Baldwin
C,
Park Police Officer's Association; Un-represented
employees; and part-time employees.
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(GC §54956.9 (d)(1)
Adams et. al. v. City of Baldwin Park et. al., USDC Case No.: CV1 2-00512
GAF(AJWx) BPPOA v. City of Baldwin Park et al., USDC Case No: CV1 3-01534
DMG (VBKx) BPPOA v. City of Baldwin Park, LASC Case No: BS140802
4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
Section 54956.9: 1 Matter
The meeting was reconvened in Open Session at 6:40 p.m.
Mayor Pro Tern Garcia stated there was no reportable action.
The Special Meeting was adjourned at 6:41 p.m.
rAV
City Clerk
rivai—a0w,01
MINUTES
BALDWIN PARK CITY HOUSING AUTHORITY REGULAR MEETING
July 17, •-
1 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
CALL TO ORDER
The meeting was called to order at 10:05 p.m.
ROLL CALL
The following members of the City Council were in attendance:
Board Member Marlen Garcia
Board Member Ricardo Pacheco
Vice Chair Monica Garcia
Chair Manuel Lozano
Absent:
Board Member Susan Rubio
PUBLIC COMMUNICATIONS
I NO off, -0
CONSENT CALENDAR
A motion was made by Lozano, seconded by Marlen Garcia, and (4-0-0 Board Member Rubio
Absent) to approve Item No. 1 on the Consent Calendar.
1. TREASURER'S REPORT: MAY 2013
Staff recommends that the City Council receive and file the May 2013 Treasurer's
Report.
ADJOURNMENT
A motion was made by Lozano, seconded by Marlen Garcia, and (4-0-0 Board Member Rubio
Absent) to adjourn the Housing Authority Meeting at 10:11 p.m.
Chair
ATTEST:
City Clerk
MINUTES
BALDWIN PARK FINANCE AUTHORITY REGULAR MEETING
July 17, 2013 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacc Avenue, Baldwin Park, 91706
CALL TO ORDER
The meeting was called to order at 10:00 p.m.
ROLL CALL
The following members of the City Council were in attendance:
Board Member Marlen Garcia
Board Member Ricardo Pacheco
Vice Chair Monica Garcia
Chair Manuel Lozano
Absent:
Board Member Susan Rubio
PUBLIC COMMUNICATIONS
None.
CONSENT CALENDAR
A motion was made by Lozano, seconded by Marlen Garcia, and (4-0-0 Council Member Rubio
Absent) to approve Item No. 1 on the Consent Calendar.
1. TREASURER'S REPORT: MAY 2013
Staff recommends that the City Council receive and file the May 2013 Treasurer's
Report.
ADJOURNMENT
A motion was made by Lozano, seconded by Marlen Garcia, and carried (4-0-0 Council
Member Rubio Absent) to adjourn the Finance Authority Meeting at 10:04 p.m.
Chair
ATTEST:
City Clerk
ITEM NO.
�r ,� � TO: The Honorable Mayor and Members of the City Council
H,E�. 'ice
ABRIEL° FROM: Shama P. Curian, Human Resources Manager
LLEY
DATE: November 5, 2015
JAS
SUBJECT: CLAIM REJECTION
SUMMARY
This report requests the City Council reject the
received for filing against the City of Baldwin Park.
FISCAL IMPACT
Unknown at this time.
Claims for Damages to person or property
RECOMMENDATION
Staff recommends City Council reject the following claims and direct staff to send the
appropriate notice of rejection to claimants:
Cuellar, Marc: Claimant alleges that vehicle was improperly impounded.
Eubanks, Nathan: Claimant alleges that vehicle was improperly impounded.
BACKGROUND
In order for the Statute of Limitations to begin on the claims received, it is necessary for the City
Council to reject the claim by order of motion and that the claimant is sent written notification of
said action.
LEGAL REVIEW
These government claims, and all government claims, should be considered as potential lawsuits
in the future. Thus, it is requested that all City staff, the Mayor, and all Councilmembers refrain
from making any statements, whether public or private in nature. It is important that no
statements be made so as to not prejudice the claims in any way which can happen if public or
private comments are made about this claim by City staff or Councilmembers. Any specific
questions should be referred to the City Attorney.
ALTERNATIVES
There are no other alternatives for the City Council to consider as it is necessary for the City
Council to reject the claims for the Statute of Limitations to begin on the claims received.
o� ti
a HUB OF -O
THE 7�
• 'r
SAN GABRIEL
2�0 VALLEY
pQ tip,,
ITEM NO.
TO: Honorable Mayor and City Councilmembers
FROM: Daniel Wall, P.E., Director of Public Works / City Enginee/
DATE: November 5, 2014
SUBJECT: APPROVAL OF RESOLUTION 2014 -040 ADOPTING SAFE
ROUTES TO SCHOOL MASTER PLAN
SUMMARY
This resold ion will adopt the City of Baldwin Safe Routes to S This Master Plan. _his roaster plan includes Safe
Routes to School plans for 19 schools in the city and is focused on making it safer for students to walk and bicycle
to school and in so doing increase the number of students that walk and bicycle to school.
FISCAL IMPACT
The adoption of this Safe Routes to School Master Plan will not have an adverse impact on the General Fund.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2014 -040 entitled: "A Resolution of the City of
Baldwin Park adopting the "City of Baldwin Park Safe Routes to Schools Master Plan ". The Master Plan
establishes guiding principles and specific programs and physical infrastructure improvements to make Baldwin
Park safer for students to walk and bicycle to school.
BACKGROUND
Through a Caltrans Grant the City entered into an agreement with the Local Government Commission to conduct
studies throughout the City and to meet with parents, administrators and students at workshops held at 17 schools
to determine safety concerns. This information was used to create recommendations for specific physical
improvements to enhance the safety of students going to and from school by walking or bicycling in Baldwin
Park. These recommendations are the basis of the Safe Routes to School Master Plan.
The adoption of this Master Plan will make the City more competitive in soliciting grants for the construction of
the recommended pedestrian and bicycle safety improvements.
LEGAL REVIEW
None required
ALTERNATIVES
The City could choose not to adopt the Safe Routes to Schools Master Plan. However not adopting the Master
Plan makes the City less competitive in its attempts to receive grant funding for future bicycle and pedestrian
projects.
ATTACHMENTS
A. Resolution 2014 -040
B. The City of Baldwin Park Safe Route to School Master Plan is available for review on the City's
website and in the Office of the City Clerk.
6 1 111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK ADOPTING THE "CITY OF BALDWIN PARK
SAFE ROUTS TO SCHOOL MASTER PLAN" THAT
ESTABLISHES GUIDING PRINCIPLES AND SPECIFIC
PROGRAMS AND PHYSICAL INFRASTRUCTURE
IMPROVEMENTS TO MAKE BALDWIN PARK SAFER FOR
STUDENTS TO WALK AND BICYCLE TO SCHOOL
Whereas, the city's recent adoption of its comprehensive Complete Streets policy accom-
plishes the city's desire to improve the access and mobility for all users of streets ir-1 our
p Y p- � � Y
community by improving safety through reducing conflict and encouraging non - motorized
transportation and transit; and
Whereas, public health recognizes an inextricable link between health and the built envi-
ronment; and,
Whereas, the adoption of a Safe Routes to School Master Plan will help provide for guid-
ance for making improvements that are specifically targeted on creating streets that are
safe for students to walk and cycle to and from school.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City of Baldwin Park will create a safe and efficient transportation
system that, to the extent feasible, promotes high quality pedestrian and bicycle access to
schools throughout the City.
SECTION 2. The City of Baldwin Park will strive to enhance the safety, access,
convenience, and comfort of all students walking or bicycling to school.
SECTION 3. The City Clerk shall certify to the adoption of the Safe Routes to
School Master Plan.
PASSED AND APPROVED ON THE 5t" day of November 2014
MANUEL LOZANO, MAYOR
ATTEST:
ALEJANDRA AVILA
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss:
CITY OF BALDWIN PARK I
1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do herby certify that the
foregoing Resolution 2014-036 was adopted by the City Council at a regular meeting held
on October 15, 2014 by the following vote:
AYES: KAPKABERS-
ABSTAIN: COUNCIL MEMBERS:
ALEJANDRA AVILA
CITY CLERK
'L nt�,�+ TO:
-8 OF1O THE 0 FROM:
® SAN GABRIEL m DATE:
Z0, VALLEY` q�
1%��q -EO 1AN\3 SUBJECT:
ITEM NO.
Honorable Mayor and City Councilmembers
Daniel Wall, P.E., Director of Public Works / City Enginee
November 5, 2014
�l
APPROVAL OF CALL FOR PROJECTS GRANT APPLICATION
SERVICES AGREEMENT
SUMMARY
This agreement will authorize Evans Brooks Associates (EBA'i to -re-are three Call for Project- nnnlirntinnz
g �� r -dr �.,. -
FISCAL IMPACT
The preparation of Call for Projects applications will not impact the General Fund. This work was not included
in the Fiscal Year 2014 -2015 budget. The maximum cost of this work is not to exceed $37,000, and will be paid
with unappropriated Measure R Funds.
RECOMMENDATION
It is recommended that the City Council:
1. Approve the Agreement for Professional Services with Evans Brooks Associates to prepare three Call for
Projects applications; and
2. Authorize the Mayor to execute the attached agreement; and
3. Authorize the Director of Finance to make appropriate transfers and fund adjustments.
BACKGROUND
The Los Angeles County Transportation Authority (Metro), as Los Angeles County's Regional Transportation
Planning Agency, programs regional and federal transportation funds to eligible transportation projects within the
County through its Call for Projects program. The Call is a competitive funding program where eligible cities
and local government agencies submit project applications that are reviewed and scored by Metro staff.
Competitive projects clearly demonstrate how they will benefit the local and regional transportation system,
improve mobility, and help achieve regional sustainability goals.
The three projects applying for grant funding through the Call for Projects are:
1. The Pacific Avenue Complete Streets Project from Ramona to the south city limit;
2. Pedestrian linkages in and around the Civic Plaza; and,
3. The Big Dalton Wash Bikeway
Over the years, EBA has prepared many successful applications for competitive grant funding on behalf of the
City. Most recently EBA has prepared the ATP application that resulted in the City being awarded $2.3 million
in additional funding for the Maine Avenue Complete streets project, and the Metro Net Toll applications which
resulted in awards of $895,000 for Frazier Street pedestrian improvements, and $700,000 for the creation of the
Baldwin Park Commuter Connector Express.
APPROVAL OF CALL FOR PROJECTS
GRANT APPLICATION SERVICES AGREEMENT
November 5, 2014
LEGAL REVIEW
None required
ALTERNATIVES
There are two alternatives:
1. Due to limited staffing and the deadline for Call for Projects applications, the only alternative is to not
submit applications for the 2015 Call.
2. The City could initiate an RFP for this work however with the length of time that such a process requires,
the amount of work required for the preparation of successful applications and the deadline for Call for
Projects applications this approach wn�ld Seem t0 greatly IPSSen the chances for Successful apnHeationS.
ATTACHMENTS
A. Professional Services Agreement
This Agreement is entered into this 5th day of November, 2014, by and between the City
of Baldwin Park ("CITY") and Evan Brooks Associates, ("SERVICE PROVIDER").
RECITALS
A. CITY has determined that it requires the following professional services from a
SERVICE PROVIDER: Preparation of three Call for Projects applications.
B. SERVICE PROVIDER represents that it is fully qualified to perform such
proffes-innn] services it,, experience . training, edi expertise of it
_ se-nees by virtue and the and ex. -1 --- - - I 1_s
principals and employees. SERVICE PROVIDER further represents that it is willing to accept
responsibility for performing such services in accordance with the terms and conditions of this
Agreement.
NOW THEREFORE, in consideration of mutual covenants and conditions herein
contained, CITY and SERVICE PROVIDER agree as follows:
1. DEFINITIONS
A. "Scope of Services": Such professional services as are set forth in Exhibit A
attached hereto and incorporated herein by this reference.
B. "Approved Fee Schedule": Such compensation rates as are set forth in the fee
schedule attached hereto as Exhibit B and incorporated herein by this reference.
C. "Commencement Date": November 5, 2014
D. "Expiration Date": July 1, 2015
A. Scope of Services. Subject to the terms and conditions set forth in this
Agreement, SERVICE PROVIDER shall perform the services identified in the Scope of
Services. CITY shall have the right to request, in writing, changes in the scope of work or the
services to be performed. Any changes mutually agreed upon by the parties, and any increase or
decrease in compensation, shall be incorporated by written amendments to this Agreement.
B. Time for Performance. SERVICE PROVIDER shall commence the services on
the Commencement Date and shall perform all services in conformance with the project timeline
set forth in Exhibit C attached hereto and incorporated herein by this reference.
C. Standard of Performance. SERVICE PROVIDER shall perform all work to the
highest professional standards and in a manner reasonably satisfactory to CITY. SERVICE
PROVIDER shall comply with all applicable federal, state and local laws, ordinances, codes and
regulations.
-I-
A. City Representative. For the purposes of this Agreement, the contract
administrator and CITY's representative shall be the City Engineer (hereinafter the "City
Representative "). It shall be SERVICE PROVIDER's responsibility to assure that the City
Representative is kept informed of the progress of the performance of the services, and
SERVICE PROVIDER shall refer any decisions which must be made by CITY to the City
Representative. Unless otherwise specified herein, any approval of CITY required hereunder
shall mean the approval of the City Representative.
B. SERVICE PROVIDER Representative. For the purposes of this Agreement, Hal
SueLsugu is hereby designated as the principal and representative of SERVICE rr1_" V 1L)
authorized to act on its behalf with respect to the services specified herein and make all decisions
in connection therewith (the "Responsible Principal "). The Responsible Principal may not be
changed by SERVICE PROVIDER without the prior written approval of CITY.
A. SERVICE PROVIDER represents that it has, or will secure at its own expense, all
personnel required to perform the services required under this Agreement. All such services will
be performed by SERVICE PROVIDER or under its supervision, and all personnel engaged in
the work shall possess the qualifications, permits and licenses required by applicable law to
perform such services.
B. SERVICE PROVIDER shall be solely responsible for the satisfactory work
performance of all personnel engaged in performing services required by this Agreement, and
compliance with all reasonable performance standards established by CITY.
C. In the event that CITY, in its sole discretion, at anytime during the term of this
Agreement, desires the removal of any person or persons assigned by SERVICE PROVIDER to
perform services pursuant to this Agreement, SERVICE PROVIDER shall remove any such
person immediately upon receiving notice from CITY of the desire of CITY for the removal of
such person or persons.
D. SERVICE PROVIDER shall be responsible for payment of all employees' and
subSERVICE PROVIDERs' wages and benefits and shall comply with all requirements
pertaining to employer's liability, workers' compensation, unemployment insurance, and Social
Security.
E. Permits and Licenses. SERVICE PROVIDER shall obtain and maintain during
the Agreement term all necessary licenses, permits and certificates required by law for the
provision of services under this Agreement, including a City of Baldwin Park business license.
-2-
Except as otherwise authorized by CITY in writing, SERVICE PROVIDER shall, at its
sole cost and expense, furnish all facilities and equipment which may be required for furnishing
services pursuant to this Agreement.
6. TERM OF AGREEMENT
This Agreement is effective as of the Commencement Date and shall terminate on the
Expiration Date, unless sooner terminated as provided in Section 18 herein.
7. COMPENSATION
A. CITY agrees to compensate SERVICE PROVIDER for the services provided
under this Agreement, and SERVICE PROVIDER agrees to accept in full satisfaction for such
services, a sum not to exceed thirty seven thousand dollars ($37,000) payable as earned during
the Project in accordance with Exhibit B. The compensation payable hereunder includes all
professional services. Payments shall be made in accordance with Section 8 herein. CITY shall
not withhold applicable federal or state payroll or any other required taxes, or other authorized
deductions from each payment made to SERVICE PROVIDER. No claims for compensation in
excess of the not-to-exceed amount for the Project as shown in Exhibit B will be allowed unless
such additional compensation is authorized by CITY in writing. All requests for compensation
in excess of the not-to-exceed amount must be submitted to and approved by the City
Representative.
B. The amount set forth in paragraph A shall include reimbursement for all actual
and necessary expenditures reasonably incurred in the performance of this Agreement.
C. Additional Services. No claims for additional services performed by SERVICE
PROVIDER which are beyond the scope set forth in Exhibit A will be allowed unless such
additional work is authorized by CITY in writing prior to the performance of such services.
Additional services, if any are authorized, shall be compensated on a time and materials basis
using SERVICE PROVIDER's Approved Fee Schedule (Exhibit B). Fees for such additional
services shall be paid within thirty (30) days of the date SERVICE PROVIDER issues an invoice
to CITY for such services.
8. METHOD OF PAYMENT
SERVICE PROVIDER shall submit to CITY an invoice, on a monthly basis, for the
services performed pursuant to this Agreement. Each invoice shall itemize the services rendered
during the billing period and the amount due. Such itemizations shall include the days worked,
number of hours worked, and authorized reimbursable expenses incurred with appropriate back-
up documentation and receipts evidencing the authorized expenses, if any, for each day in the
period and shall separately describe any additional services authorized by CITY. Any invoice
claiming compensation for additional services shall include appropriate documentation of
CITY's prior authorization. Within ten (10) business days of receipt of each invoice, CITY shall
notify SERVICE PROVIDER in writing of any disputed amounts -included on the invoice.
N
Within thirty (30) calendar days of receipt of each invoice, CITY shall pay all undisputed
amounts included on the invoice up to the maximum amount set forth in Section 7.
9. OWNERSHIP OF WORK PRODUCT
All reports, documents or other written material ("written products") developed by
SERVICE PROVIDER in the performance of this Agreement shall be and remain the property of
CITY without restriction or limitation upon its use or dissemination by CITY. SERVICE
PROVIDER may take and retain such copies of the written products as desired, but no such
written products shall be the subject of a copyright application by SERVICE PROVIDER.
I 1UX 7 XNEXTrr
10. 71" 1 V 1"'Id REIMBURSEIVI ilq X
Travel required by SERVICE PROVIDER or any subSERVICE PROVIDER or
subcontractor pursuant to this Agreement shall not be a reimbursable expense.
11. INDEPENDENT CONTRACTOR
SERVICE PROVIDER will act hereunder as an independent contractor. This Agreement
shall not and is not intended to constitute SERVICE PROVIDER as an agent, servant, or
employee of CITY and shall not and is not intended to create the relationship of partnership,
joint venture or association between CITY and SERVICE PROVIDER.
12. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by
SERVICE PROVIDER or provided for performance of this Agreement are deemed confidential
and shall not be disclosed by SERVICE PROVIDER without prior written consent by CITY.
CITY shall grant such consent if disclosure is legally required or necessary to provide the
services under this Agreement. All CITY data shall be returned to CITY upon the termination of
this Agreement. SERVICE PROVIDER's covenant under this Section shall survive the
termination of this Agreement.
13. CONFLICTS OF INTEREST
SERVICE PROVIDER hereby warrants for itself, its employees, and subcontractors that
those persons presently have no interest and shall not obtain any interest, direct or indirect,
which would conflict in any manner with the performance of the services contemplated by this
Agreement. No person having such conflicting interest shall be employed by or associated with
SERVICE PROVIDER in connection with this project. SERVICE PROVIDER hereby warrants
for itself, its employees, and subcontractors that no such person shall engage in any conduct
which would constitute a conflict of interest under any CITY ordinance, state law or federal
statute. SERVICE PROVIDER agrees that a clause substantially similar to this Section shall be
incorporated into any sub-contract that SERVICE PROVIDER executes in connection with the
performance of this Agreement.
M
A. To the full extent permitted by law, SERVICE PROVIDER shall indemnify, hold
harmless and defend CITY, its elected officials, officers, agents, employees, attorneys, servants,
volunteers, successors and assigns from and against any and all claims, demands, causes of
action, liability, losses, costs or expenses for any damage due to death or injury to any person
and injury to any property resulting from any alleged intentional, reckless, negligent or otherwise
wrongful acts, errors or omissions of SERVICE PROVIDER or any of its officers, employees,
servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or
on behalf of SERVICE PROVIDER in the performance of this Agreement. Such costs and
expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.
The parties understand and agree that the duty of SERVICE PROVIDER to indemnify
and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil
Code.
B. SERVICE PROVIDER's obligations under this or any other provision of this
Agreement will not be limited by the provisions of any workers compensation act or similar act.
SERVICE PROVIDER expressly waives its statutory immunity under such statutes or laws as to
CITY, its officers, agents, employees and volunteers.
C. SERVICE PROVIDER agrees to obtain executed indemnity agreements with
provisions identical to those in this Section from each and every subcontractor or any other
person or entity involved by, for, with or on behalf of SERVICE PROVIDER in the performance
of this Agreement. In the event SERVICE PROVIDER fails to obtain such indemnity
obligations for the benefit of CITY, SERVICE PROVIDER agrees to be fully responsible and
indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from
and against any and all claims and losses, costs or expenses for any damage due to death or
injury to any person and injury to any property resulting from any alleged, intentional, reckless,
negligent or otherwise wrongful acts, errors or omissions of SERVICE PROVIDER or any of its
officers, employees, servants, agents, subcontractors, volunteers or any other person or entity
involved by, for, with or on behalf of SERVICE PROVIDER in the performance of this
Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by
counsel of CITY's choice.
D. CITY does not, and shall not, waive any rights that it may possess against
SERVICE PROVIDER because of the acceptance by CITY, or the deposit with CITY, of any
insurance policy or certificate required pursuant to this Agreement. This hold harmless and
indemnification provision shall apply regardless of whether or not any insurance policies are
determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
SERVICE PROVIDER agrees that SERVICE PROVIDER's covenant under this Section shall
survive the termination of this Agreement.
E. SERVICE PROVIDER agrees to pay all required taxes on amounts paid to
SERVICE PROVIDER under this Agreement, and to indemnify and hold CITY harmless from
any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the
independent contractor relationship created by this Agreement. SERVICE PROVIDER shall
N
fully comply with the workers' compensation laws regarding SERVICE PROVIDER and
SERVICE PROVIDER's employees. SERVICE PROVIDER further agrees to indemnify and
hold CITY harmless from any failure of SERVICE PROVIDER to comply with applicable
workers' compensation laws. CITY shall have the right to offset against the amount of any fees
due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE
PROVIDER as a result of SERVICE PROVIDER's failure to promptly pay to CITY any
reimbursement or indemnification arising under this Section.
A. SERVICE PROVIDER shall at all times during the term of this Agreement carry,
mainCalll, WIG 1\GGFJ in full 1lJ1GG 0.11U Glli;vt, iilsuraY'iCe as lviiows.
to such risk as determined by the City's Risk Manager andlor the City Attorney]
I. Commercial General Liability Insurance with minimum limits of Two Million
Dollars ($2,000,000) for each occurrence and in the aggregate for any
personal injury, death, loss or damage.
2. Automobile Liability Insurance for any owned, non -owned or hired vehicle
used in connection with the performance of this Agreement with minimum
limits of Two Million Dollars ($2,000,000) per accident for bodily injury and
property damage.
3. Worker's Compensation insurance as required by the State of California.
4. Professional Liability Insurance [or Errors and Omissions Insurance] with a
minimum limit of Two Million Dollars ($2,000,000) per occurrence. [include
if agreement requires professional liability insurance or if appropriate,
errors and omissions insurance]
B. SERVICE PROVIDER shall require each of its sub - SERVICE PROVIDERs or
sub - contractors to maintain insurance coverage that meets all of the requirements of this
Agreement.
C. The policies required by this Agreement shall be issued by an insurer admitted in
the State of California and with a rating of at least ANII in the latest edition of Best's Insurance
Guide.
D. SERVICE PROVIDER agrees that if it does not keep the insurance required in
this Agreement in full force and effect, CITY may either immediately terminate this Agreement
or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and
pay, at SERVICE PROVIDER'S expense, the premium thereon.
E. Prior to commencement of work under this Agreement, SERVICE PROVIDER
shall file with CITY's Risk Manager a certificate or certificates of insurance showing that the
M
insurance policies are in effect and satisfy the required amounts and specifications required
pursuant to this Agreement.
F. SERVICE PROVIDER shall provide proof that policies of insurance expiring
during the term of this Agreement have been renewed or replaced with other policies providing
at least the same coverage. Such proof will be furnished at least two weeks prior to the
expiration of the coverages.
G. The general liability and automobile policies of insurance shall contain an
endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants,
volunteers, successors and assigns as additional insureds. All of the policies shall contain an
endorsement provid-11IR that the policies cannot be canceled or reduced except on t-lHJ1—Ly- (30)
days' prior written notice to CITY. SERVICE PROVIDER agrees to require its insurer to
modify the certificates of insurance to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, and to delete the word
"endeavor" with regard to any notice provisions.
H. The insurance provided by SERVICE PROVIDER shall be primary to any other
coverage available to CITY. Any insurance or self-insurance maintained by CITY, its officers,
employees, agents or volunteers, shall be in excess of SERVICE PROVIDER's insurance and
shall not contribute with it.
I. All insurance coverage provided pursuant to this Agreement shall not prohibit
SERVICE PROVIDER, and SERVICE PROVIDER's employees, agents, subcontractors, or
volunteers from waiving the right of subrogation prior to a loss. SERVICE PROVIDER hereby
waives all rights of subrogation against CITY.
J. Any deductibles or self-insured retentions must be approved by CITY. At the
option of CITY, SERVICE PROVIDER shall either reduce or eliminate the deductibles or self-
insured retentions with respect to CITY, or SERVICE PROVIDER shall procure a bond
guaranteeing payment of losses and expenses.
K. If SERVICE PROVIDER is a Limited Liability Company, general liability
coverage must be amended so that the Limited Liability Company and its managers, affiliates,
employees, agents, and other persons necessary or incidental to its operation are insureds.
L. Procurement of insurance by SERVICE PROVIDER shall not be construed as a
limitation of SERVICE PROVIDER's liability or as full performance of SERVICE
PROVIDER's duties to indemnify, hold harmless and defend under Section 14 of this
Agreement.
16. MUTUAL COOPERATION
A. CITY shall provide SERVICE PROVIDER with all pertinent data, documents and
other requested information as is reasonably available for the proper performance of SERVICE
PROVIDER's services.
-7-
B. In the event any claim or action is brought against CITY relating to SERVICE
PROVIDER's performance in connection with this Agreement, SERVICE PROVIDER shall
render any reasonable assistance that CITY may require.
SERVICE PROVIDER shall maintain full and accurate records with respect to all matters
covered under this Agreement for a period of three (3) years. CITY shall have access, without
charge, upon reasonable notice, during normal business hours to such records, and the right to
examine and audit the same and to make transcripts therefrom, and to inspect all program data,
documents, proceedings, and activities.
A. CITY shall have the right to terminate this Agreement for any reason or for no
reason on five (5) calendar days' written notice to SERVICE PROVIDER. SERVICE
PROVIDER shall have the right to terminate this Agreement for any reason or no reason on sixty
(60) calendar days' written notice to CITY. SERVICE PROVIDER agrees to cease all work
under this Agreement on or before the effective date of such notice. All completed and
uncompleted products up to the date of receipt of written notice of termination shall become the
property of CITY.
B. In the event of termination or cancellation of this Agreement by CITY, due to no
fault or failure of performance by SERVICE PROVIDER, SERVICE PROVIDER shall be paid
based on the percentage of work satisfactorily performed at the time of termination. In no event
shall SERVICE PROVIDER be entitled to receive more than the amount that would be paid to
SERVICE PROVIDER for the full performance of the services required by this Agreement.
SERVICE PROVIDER shall not be liable for any failure to perform if SERVICE
PROVIDER presents acceptable evidence, in CITY's sole judgment, that such failure was due to
causes beyond the control, and without the fault or negligence of SERVICE PROVIDER.
Any notices, bills, invoices, or reports required by this Agreement shall be deemed
received on: (a) the day of delivery if delivered by hand or overnight courier service during
SERVICE PROVIDER's and CITY's regular business hours; or (b) on the third business day
following deposit in the United States mail, postage prepaid, to the addresses heretofore below,
or to such other addresses as the parties may, from time to time, designate in writing.
If to CITY:
Attn: Daniel Wall
City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, California 91706
Attn: Hal Suetsugu
Evan Brooks Associates
1030 S. Arroyo Parkway, Suite 204
Pasadena, CA 91105
With a courtesy copy to:
of +I-,,- A Q-PVAM--P PROVIDER shall not diQrrirn�
T n the perfornriance —11— . --..-..inate
I I U-JA �
against any employee, subcontractor, or applicant for employment because of race, color, creed,
religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation or other basis prohibited by law. SERVICE PROVIDER will
take affirmative action to ensure that subcontractors and applicants are employed, and that
employees are treated during employment, without regard to their race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition,
or sexual orientation.
SERVICE PROVIDER shall not delegate, transfer, subcontract or assign its duties or
rights hereunder, either in whole or in part, without CITY's prior written consent, and any
attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this
Agreement to any party other than SERVICE PROVIDER.
23. ATTORNEY'S FEES
In the event that CITY or SERVICE PROVIDER commences any legal action or
proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be
entitled to recover its costs of suit, including reasonable attorney's fees.
All documents referenced as exhibits in this Agreement are hereby incorporated in this
Agreement. In the event of any material discrepancy between the express provisions of this
Agreement and provisions of any document incorporated by reference, the provisions of this
Agreement shall prevail. This instrument contains the entire Agreement between CITY and
SERVICE PROVIDER with respect to the subject matter herein. No other prior oral or written
agreements are binding on the parties. Any modification of this Agreement will be effective
only if it is in writing and executed by CITY and SERVICE PROVIDER.
25. GOVERNING LAW; J-URISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the
State of California. In the event of litigation between the parties, venue in State trial courts shall
0
lie exclusively in Los Angeles County. In the event of litigation in a United States District
Court, exclusive venue shall lie in the Central District of California.
Wherever possible, each provision of this Agreement shall be interpreted in such a
manner as to be valid under applicable law. If any provision of this Agreement is determined by
a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions
shall nevertheless continue in full force and effect.
The captions used in this Agreement are solely for reference and the convenience of the
parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the
scope or intent of any provision, and shall have no effect upon the construction or interpretation
of any provision herein.
28. EXECUTION
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which when taken together shall constitute one and the same
instrument.
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly
authorized representatives to execute this Agreement on the dates set forth below.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
_Q§V
Manual Lozano
Mayor
EV111=6
City Clerk
Robert N. Tafoya
City Attorney
1•
in
[insert name and title-FYI IT TAKES TWO
SIGNATURES TO BIND A
CORPOR,4 TIONJ
-11-
MIKKUT-31W
1. Project Development
Meet with city staff to develop the project scope, schedule, and budget
information that will be used in the grant application
2. Data Collection and Review
* Review local policies and programs to identify consistency with applicable Metro
policies
* Collect applicable local data including, but not limited to traffic volumes, transit
ridership, demographic, traffic collisions, etc.
* C011er-+ and review any exiSfinn plans or pnlir-ier nr rimft ni-
ans dieing nrpnr-ired
related to Safe Routes to Schools, Active Transportation, First/Last Mile access,
etc.
3. Grant Preparation
• Prepare all project information required in the grant application including
project descriptions and narratives; quantitative data; and project scope,
schedule, and budget descriptions and tables.
• Preparation of PSRE (Project Study Report Equivalent)
• Prepare maps and conceptual project plans.
• Collect digital photographs of the project site.
• EBA will provide the city with draft letters of support. City staff will be responsible
for finalizing and securing signed copies of the letters. City staff will email EBA
PDF copies of the letters of support for inclusion in the grant application.
4. Draft Review
• EBA will provide a draft version of the grant application for city staff review and
approval.
• City staff will provide EBA one set of written comments and revisions within five (5)
calendar days of the receipt of the draft application.
5. Grant Application Finalization and Submittal
• EBA will assist City staff with securing all required signatures for the grant
application
• EBA will prepare the required number of paper and electronic copies of the
completed grant application for submittal.
• EBA will provide the city with one paper copy and one electronic copy of the
complete grant application.
• EBA will submit the completed grant applications to Metro in person on or before
the January 16, 2015 deadline.
707089-6 A-1
Compensation for the services shown in the scope of work contained in this Service
Proposal shall be in an amount not to exceed $37,000 including reimbursable expenses
as shown in the following table.
1. Project Development
$1 ;000
$1,200
$1,000
$3,200
2. Data Collection and Review
$1,600
$800
$800:
$3,200
3. Grant Preparation
$10,000
$6,000
$7,800
$23,300
4. Draft Review
$1,000
$1000
$1000
$3,000
5. Grant Application Finalization & Submittal
$1,000
$1000
$1000
$3,000
Reimbursable Expenses
$200
$100
$500
$800
TOTAL BUDGET NOT TO EXCEED
$14,800
$10,100
$12,100
$37,000
m •
EBA will provide a service not included in this Service Proposal's scope of work as an
"additional service" upon receipt of a fully executed scope of work and budget
amendment from city staff. Compensation for the additional service shall be in a not -
to- exceed budget amount to be negotiated between the EBA and the city. The
budget amount will be based on ERA's most current hourly billing rates sown on the
following table.
Project Principal
Project Manager
Project Planner /Engineer -
Environmental Specialist
Associate Planner /Engineer
Research /Funds Analyst
Graphics Designer
Administrative Support
$160
$150
$130
$120
$110
$100
$90
$75
707089 -6 B-1
ITEM NO®
STAFF REPORT
SUMMARY
This report seeks City Council approval to utilize city code enforcement personnel for the administration of the
Vacant and Abandoned Property Registration Program.
FISCAL IMPACT
There is a positive impact to the General Fund if City Staff continue this program. An estimated annual revenue
in the amount of $30,000 to $40,000 will be retained by the City. If the City Council directs staff to have the
City Code Enforcement to collect fees and administer and enforce the provisions of Chapter 150.250, there will
be no service fee to an outside vendor to administer the program. There will be a minimal fee for city personnel
to gain access of Notice of Default properties utilizing an automated service. This fee would be approximately
$700.00 annually. Approximately 95% of the fees collected as part of the enforcement of the provisions of
Chapter 150.250 will have a positive impact on the general fund.
Contracting with an outside vendor would result in approximately 50% of the fees collected ($30,000 to
$40,000 annually) being paid to the vendor.
RECOMMENDATION
Staff recommends City Council direct City Code Enforcement to administer and enforce the provision of
Chapter 150.250.
LEGAL REVIEW
Not applicable.
Property Registration Progra
November 5, 2014
2 of 2 1
In August 2013 the City Council approved Resolution No. 2013-031 Amending the Fee Schedule and Revising
Fees for the Registration of Foreclosed Property; the registration fee was now raised from the original $90.00 to
$470.00. Concurrently, the City Council approved an agreement with Nationwide Cost Recovery Services
(NCRS) for Assistance with the Vacant and Abandoned Property Registration Program. This agreement
expired in August 2014. During the period between the dates of September 1, 2013 through August 1, 2014,
NCRS collected $55,930.00 for administering and enforcement of the program. Of this amount $8,040.00 was
paid to the city. Since the expiration (August 2014) of NCRS's original contract, they have submitted a new
proposal that now pay the city 50% for the first $80,000.00 collected. Staff feels it is important for council to
- I
note that prior to --n+Vacting vd-11- '14 "RC A,® C, JIL He for "nistefing,
.V. - L1.1 11� Y me city code enforcement was responsiul LU UU1111
monitoring and enforcement of this program for compliance. In those previous t,,,xTo year,., prior to contracting
with NCRS, city code enforcement personnel had registered 288 properties and collected $25,920.00 in fees at
the then registration fee rate of $90.00, and not the current rate of $470.00. This is important because had the
registration fee been set at the current rate of $470.00, the city would have collected $135,360.00, not
$25,920.00.
City staff is confident current city code enforcement staff can again administer, monitor and enforce the
provisions of Chapter 150.250. In September 2014 full time code enforcement staffing was increased by one
for the purpose of administrative support. Code enforcement has begun to obtain data from Property Radar, a
realtor administrative agency that provides the city with current access to notice of default data, to include
foreclosures and bank owned properties. This automated service cost the city less than $60 monthly. The
existing code enforcement technicians complete the necessary inspections and the Lead Code Enforcement
Officer completes the mailing notifications.
City code enforcement staff is spending less than 10% of their on-duty hours toward administering this
program, leaving ample time for other code enforcement duties. After analyzing the program in response to the
recent study session it was found that City staff was already preforming most if not all of the consultants
services resulting in much duplication of effort.
ALTERNATIVES
The City Council can decide to continue the agreement with NCRS. In this case there would be an approximate
50% reduction in the amount of fees potentially collected as part of the property registration program. For
reference, our city code enforcement has collected $9,400.00 in fees since the end of the NCRS contract; this is
more than the city collected in the one year contracting with NCRS. An agreement with NCRS or other vendor
would have reduced this amount by 50%.
Finally, whether or not the council decides to contract with NCRS for services, city code enforcement staff will,
as they have always done, be required to process the fees made to the city, inspect and monitor the properties
for compliance, and take administrative enforcement actions against noncompliant property owners since the
contractor is not trained or certified to Cite and enforce City laws.
ITEM NO.
TO: The Honorable Mayor and Members of the City Council
FROM: Shannon Yauchzee, Chief Executive Officer
DATE: November 5, 2014
SUBJECT: AUTHORIZE UP TO $30,000 FROM THE BUSINESS
IMPROVEMENT DISTRICT (FUND 2301 FOR MEDIA
COMMUNITY IMAGE
SUMMARY
The Mayor and City Council have expressed that one of their priorities is to have increased
media outreach on behalf of the City, the business community and other civic activities.
Increased positive media visibility concerning the City and its businesses will help out the City's
businesses and improve other business opportunities. The recommended action is to allocate up
to $30,000 to be spent out of the Business Improvement District Fund to either hire a consultant
or part-time employee to develop and execute a media outreach program.
FISCAL IMPACT
The above action will have no direct impact on the General Fund. Increased business activity
will increase future sales tax revenue. The proposed action will impact the Business
Improvement District Fund by $30,000. It currently has a fund balance of approximately
$250,000.
RECOMMENDATION
That the Mayor and City Council authorize expenditures up to $30,000 for Fiscal Year 2014/15
from the Business Improvement District (Fund 230) for a media outreach program and the
Director of Finance be authorized to execute the necessary transfers and budget amendments and
direct staff to hire a consultant or part -time employee to develop and execute a media outreach
program.
ALTERNATIVES
The Mayor and City Council can defer a decision for more information, take no action, change
the amount being recommended or look to other funding sources.
LEGAL REVIEW
None Required
Page 2
BACKGROUND
The Mayor and City Council have discussed increasing the City's media outreach for the City of
Baldwin Park in today's ever changing world of media. The City is challenged with no local
television stations and only a semi -local newspaper. Because of these limitations, the City needs
to increase the ways it reaches traditional media and also develop opportunities in today's new
social media market including an updated website, and other social media such as FACEBOOK,
twitter, and other such outlets.
Increased exposure of events, activities, businesses and their activities will bring more people
into the City of Baldwin Park. By raising the positive visibility of the businesses, new
opportunities and the community, increased visitors should increase business activity within the
community.
Staff is presently reviewing alternatives as to whether to contract with a consultant or hire a part-
time employee to develop and implement the initial program. If the action is approved, staff can
come back with a recommendation at a future regular City Council Meeting if needed.
Because the work developed by this person/consultant should improve business activity in the
City it is recommended that the initial funding of $30,000 for Fiscal Year 2014/15 come from the
Business Improvement District Fund (Fund 230).
ITEM NO.
`-,TAFF REPORT
o gp,u,1 TO: Honorable Mayor and City Councilmembers
THE, Shannon Yauchzee, Chief Executive Officer
x
4
,say oagEL DATE: November 5, 2014
1/AL LEY° w
�R..... Di SUBJECT: RATIFICATION OF AGREEMENT WITH MR. MARC
CASTAGNOLA, DIRECTOR OF COMMUNITY DEVELOPMENT
►A XTA . A
This report requests the City Council ratify the agreement for the position of Director of Community
Development.
FISCAL IMPACT
The fiscal impact for the current fiscal year is an additional $21,645 for salary and benefits for the remaining 8
months. The annual cost increase is $32,467. While the Community Development Manager's position costs
are allocated to several funds most of the additional costs for this year will be absorbed by the General Fund.
This increased cost can be covered in this year's budget by salary savings from several unfilled positions in
Community Development.
RECOMMENDATION
Staff recommends City Council ratify the agreement with Marc Castagnola, for services as the Director of
Community Development and authorize its execution by the Mayor.
BACKGROUND
Due to severe compaction with a subordinate position, an immediate review of the duties, assignments, salary
and compensation was required. The resulting classification audit of the Community Development Manager
position indicated a significant need for a reclassification and appropriate compensation. The creation of this
new position will result in a more accurate reflection of the duties currently being performed by the Community
Development Manager, Marc Castagnola.
At the closed session Council Meeting on October 8, 2014, Council approved a reclassification of the current
Community Development Manager position to Director of Community Development.
The attached agreement (Attachment A) with Marc Castagnola is similar in format to agreements developed in
the past for Executive positions. In addition, the Director of Community Development will receive the same
benefits as those provided to other employees on the Executive Team as shown on the attached Executive
Employees Benefit Matrix (Exhibit A).
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ALTERNATIVES
None.
Attachment A — Agreement
0 Exhibit A — Executive Employees Benefit Matrix
run- 0 A ' �
THIS AGREEMENT is made and entered into this 5th day of November, 2014,
by and between Marc Castagnola (hereinafter "Employee") and the City of Baldwin Park,
a general law city and its related boards, commissions, the Successor Agency to the
Community Development Commission, the Housing Successor Agency, the Housing
Authority, the Finance Authority, and any other agency legally related to the City
(hereinafter, collectively, "City").
Section 1. Duties
a. City agrees to employ Employee as Director of Community Development
with the responsibility to perform all of the usual and customary duties of
management and operation of the Community Development Department.
Employee shall also work on such other legally permissible and proper duties
and functions the Chief Executive Officer or City Council may from time to
time assign (collectively, the "Employment Duties").
b. Employee shall satisfactorily perform the Employment Duties with a high degree
of professionalism and shall work the schedule needed to ensure accomplishment
of that performance.
C. Nothing contained in this Agreement shall prevent Employee's occasional
professional, teaching or related activities, subject to the prior approval of the Chief
Executive Office or City Council which approval will not be unreasonably withheld
and only if such activity does not affect Employee's performance of any of the
Employment Duties.
a. Notwithstanding anything to the contrary in the presently effective City Salary
Resolution, for satisfactory performance of all the Employment Duties,
Employee's base annual salary shall be One Hundred and Fifteen Thousand
Dollars ($115,000). Employee's base annual salary may hereafter be modified,
from time to time as approved by the parties by formal written amendment to
this Agreement executed by the Mayor. Any such modification shall be based,
in part, on the City Council's evaluation of Employee's performance, in
consultation with the Chief Executive Officer. The evaluation shall be based on
reasonable criteria determined by the City.
b. City shall provide to Employee all fringe benefits as are now, or as may
hereafter be given to all department heads of City, as detailed in the
attached "Executive Employee Benefit Matrix."
Mayor
a. Employee is an "AT WILL" employee and shall serve at the pleasure of the
City Council and nothing in this Agreement shall prevent, limit, or
otherwise interfere with the right of the City Council to terminate the
services of Employee for any reason, or no reason at all, with or without
cause, at any time, subject only to the provisions set forth in Section 4 of
this Agreement.
b. Nothing in this Agreement shall prevent, limit, or otherwise interfere with
the right of Employee to resign at any time from his position with City
with no notice required.
a. In the event the City Council terminates Employee's employment as
Director of Community Development pursuant to this Agreement, and if
Employee is not otherwise in breach of the terms of this Agreement, and if
Employee executes a written waiver of any and all claims the Employee
may have against the City, including, but not limited to, a Civil Code
Section 1542 waiver, then and only then the City shall pay a lump sum cash
payment equal to three (3) months base salary ( "Severance Pay ") to
Employee. However, the City shall be relieved of its obligation to pay
Severance Pay if Employee is terminated for malfeasance in carrying out
the duties obligated under this Agreement or if the Employee is convicted of
any illegal act involving moral turpitude or personal gain or if Employee
refuses to sign a complete waiver releasing the City of any and all claims
the Employee may have against the City.
Section 5. General Provisions
a. This Agreement shall constitute the entire agreement between the parties
regarding Employee's employment as Director of Community
Development.
b. The Agreement can only be modified in writing and only if signed by
Employee and the Mayor of Baldwin Park.
C. This Agreement shall be retroactively effective as of October 8, 2014.
• 3 t •;.
Marc Castagnola
relv'��
City Attorney
WIVROM
City Clerk
I WAK0111 I LVA 01111:01AA I S1 NOW
WHEREAS, on April 20, 2005, the City Council adopted Resolution 2005-029
approving the Executive Employee benefits matrix.
Y
NOW, THEREFORE, the City Council of the City of Baldwin Park does
hereby RESOLVE, DETERMINE AND ORDER as follows:
SECTION 1. That this City Council does hereby approve the EXECUTIVE
EMPLOYEE BENEFITS MATRIX attached hereto as Exhibit A.
SECTION 2. All Resolutions or portions thereof in conflict hereby are hereby
repealed.
SECTION 3. The City Clerk shall forward a copy of this resolution to the Human
Resources Manager and certify to the adoption of this Resolution.
M79TOMMINM
Manuel Lozano
Mayor
Page 2
STATE OF CALIFORNIA
COUNTY • LOS ANGELES ss.
CITY OF BALDWIN PARK I
1, LAURA M NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby certify
that the foregoing Resolution was duly and regularly approved and adopted by the City
Council of the City of Baldwin Park at its regular meeting of the 15th day of October 2008,
by the following vote:
AYES: COUNCIL MEMBERS: Marlen Garcia, Monica Garcia, Ricardo Pacheco,
Mayor Pro Tern Anthony J. Bejarano and Mayor
Manuel Lozano
NOES: COUNCIL MEMBERS: NONE
X- �.
LAURA M. N I ETO
DEPUTY CITY CLERK
Resolution 2008-062
Page 3
0
MOW
; it-0911111111111INF-A
Insurances/Supplemental Wage Payments
Benefits Plan
Effective July 1, 2004, the City will contribute a sum not to exceed $11,20000.0001 per month for
each Executive employee towards benefits as detailed below'.
The employee is required to maintain a minimum coverage for himself/herself in a plan of
their choice, unless the employee can show proof they have adequate health insurance
coverage through another source. In instances where the employee's medical insurance
premium is less than the City's monthly contribution, such employee will have an option to
have the excess monies placed toward an existing benefit program. These options
include:
1. Placement in a City provided health insurance plan for self, two (2) party or
family coverage.
2. Placement in a City provided dental insurance plan for self, two (2) party or
family coverage.
3. Placement spread over a combination of the options listed above.
4. Elect to receive any excess monies in cash, which will be considered as
taxable income, or
5. Elect to place the excess cash monies in a City provided deferred
compensation program.
Vision Plan
Effective January 1, 2009, the City will provide a vision plan, and will contribute up
to a maximum premium cost of $34.05 per month.
Life Insurance
The City will provide term life insurance in the face amount of $60,000.
Resolution 2008-062
Page 4
VehicleNehicle Allowance
Effective July 1, 2004, the City will provide an Executive employee the choice to
receive a City-owned vehicle or will provide an amount of $300.00 per month vehicle
allowance for those Executive employees who choose to utilize their own personal vehicle
for City business.
Cell Phone Allowance
Effective July 1, 2004, the City will provide an Executive employee an amount of
$7155.00 per rnr%n+h for use n
I I I 1W U 1 101 — of a personal cell phone for city business.
Long-Term Disability and Short Term Disability
The City will provide long-term and short-term disability insurance coverage as set
forth in the plan on file in the Personnel Services Office.
Retirement – Miscellaneous Employees
Effective July 1, 2005, the City will amend the City's contract with the Public
Employees' Retirement System (PERS) to provide benefits at the 2.7% at 55 formula for
the Local Miscellaneous Employees and to incorporate employee shared participation
towards the contributions of said retirement benefit.
In order for the City to provide the benefits as stated herein, the City amended its
contract with PERS. Pursuant to the amendments with PERS, the City is obligated to
contribute 4.598% of the employees' base salary as its contributions to PERS. In addition,
the employees are obligated to pay 8% of its base salary as its contribution to PERS.
Effective July 1, 2005, both the employees and the City agree that in order for the
City to provide benefits as stated herein, the employees express agree and hereby enter
into this Addendum to pay the City's cost of 4.598% of the employees' base salary in order
to receive the benefits as agreed to herein. The City expressly agrees to pay 7% of the
8% of the employees' contribution to PERS. Employees expressly agree to pay its
additional cost of 1 % of employees' base salary. Accordingly, the employees agree to a
pay a total cost of 5.598% of the base salary. The employees' cost will be reflected on the
pay period ending date of July 2, 2005, pay date of July 7, 2005.
• July 1, 2006 – Employees will pay 5% and the City will pay 1.766% increase
to normal cost (difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of
their base salary. The employee's cost will be reflected after the pay period ending
date • July 1, 2006.
On June 30, 2007 – Employees will pay 3% and the City will pay 3.766'
increase to normal cost (difference between 2% @ 55 and 2.7% @ 55 retireme
rormulas) • their base salary. The employee's cost will be reflected after the p
period ending date of June 30, 2007. 1
Resolution 2008-062
Page 5
Attendance and Leaves
Sick Leave
The general policy for sick leave will be as set forth, for all full-time employees, in
Section 11.4 of the Personnel Rules.
Sick leave will accrue at the rate of 3.6923 hours on a biweekly basis and shall be
debited on an hourly basis.
Effective September 7, 1994, each eligible employee shall elect their maximum sick
leave hours accrual. Dependent upon the total number of currently accrued sick leave
hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900
hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at
a higher level than their closest currently accrued sick leave hours, they may do so. The
maximum accrual elected by the eligible employee will be irrevocable.
When an employee's service with the City is terminated for any reason, no
compensation shall be paid for the unused sick leave hours accrual bank.
Annual Sick Leave Incentive — Sick leave shall accrue on hourly basis of eight (8)
hours per month and shall be debited on an hourly usage basis. Each January 1, eligible
employees will commence to accrue sick leave hours above their prior elected sick leave
hours bank (300, 600 or 900).
At the close of the calendar year, each eligible employee will receive 50% of the unused
portion of sick leave hours as compensation, calculated at their then straight time hourly
rate. Payment will be made at the next closest pay period.
Resolution 2008-062
Page 6
Vacation
All Executive employees shall accrue vacation leave in accordance with the
following:
a. Employees having less than five (5) years service with the City- 3.6923 hours on
a biweekly basis for time actually worked.
b. Employees having more than five (5) years service but less than ten (10) years
service with the City 4.6154 hours on a biweekly basis for time actually worked.
c. Employees having more than ten (10) years but less than fifteen (15) years
Employees 12 more - 1 4 1 1 1
service with the City: 5.5385 hours on a biweekly basis for time actually worked.
d. Employees having more than fifteen (15) years but less than twenty (20) years
service with the City: 6.4615 hours on a biweekly basis for time actually worked.
e. Employees having over twenty (20) years service with the City: 7.3846 hours on
a biweekly basis for time actually worked.
Employees will be entitled to utilize accrued vacation leave after completion of six
(6) months continuous employment with the City.
Bereavement Leave
Each Executive employee shall receive the equivalent of three (3) working days per
incident, as needed, for a death in his or her immediate family. Immediately family shall
mean and include only the employee's spouse, children, step-children, parents, spouse's
parents, grandparents, spouse's grandparents, brothers and sisters. Said time will not be
cumulative from one twelve month period to another nor will pay in lieu of unused leave for
bereavement be provided.
Administrative Leave
Effective July 1, 2004, each Executive employee shall receive a maximum of
seventy-two (72) hours of administrative leave with pay each fiscal year. Unused time at
the end of each fiscal year, June 30, will be paid during the following month of July with
said time being calculated at their then straight time hourly rate.
Holidays
All Executive employees are currently working on an alternate work schedule of four
(4) days, ten (10) hours. While assigned to such work schedule, the following days shall
be observed as holidays:
January 1st, the third Monday in February; the last Monday in May; July 4th; the first
Monday in September; November 11th; the fourth Thursday in November;
December 24th; December 25th; and such other days as may be designated as
holidays by motion of the City Council.
Resolution 2008 -062
Page 7
If any of the foregoing holidays falls on a Friday and /or Saturday, the holiday will not
be observed on the preceding Wednesday or Thursday. If any of the holidays fall on
a Sunday, the Monday following is the holiday in lieu thereof.
Floatina Holidays
For each Executive employee working the 4/10 plan such employee will receive two
(2) ten (10) hour days of floating leave, for a total of 20 hours.
Holiday Bank
At the beginning of each calendar year, the City will determine how many of the set
holidays fall on a Friday and /or Saturday. An employee will be credited with an equivalent
number of hours of holiday time ( "Holiday Bank "). Each affected employee will also be
credited with the above floating holidays. For Executive Employees working the four (4)
day, ten (10) hour alternate work schedule, the holiday bank will be calculated at ten (10)
hours per holiday.
Employees may accumulate up to a maximum of one hundred (100) hours of
holiday bank time. Each January 1, such excess hours will be removed form the
employee's holiday bank hours accrual, calculated at their then straight time hourly rate
and placed in a holiday hours bank to be paid no later than June 30 of the same year.
If an employee separates employment from the City, and has used holiday bank
time prior to the occurrence of the actual holiday, he /she will have his /her vacation bank,
administrative leave and /or final paycheck reduced to reflect the excess holiday bank time
used.
If an employee separates employment from the City, and has not used any eligible
accrued holiday bank time, he /she will be paid for such eligible holiday bank time at his /her
straight time rate.
Compensation for Accrued Leave Time
Notwithstanding the maximum accruals established for vacation, administrative
leave and holiday bank, Executive employees may accrue up to a maximum of three (3)
months of additional paid leave time composed of a combination of vacation,
administrative leave and /or holiday bank time.
1 •
wy
JA %'J
ITEM NO.
TO: Honorable Mayor and Members of the City Council
FROM: Shannon Vauchzee, Chief Executive Officer
DATE: November 5, 2014
AlNyl
SUBJECT: Amendment to the Agreement for Attorney
Services with Tafoya & Garcia LLP, for Attorney Services
SUMMARY
The purpose of this report is to seek approval of an Amendment to the Agreement with Tafoya & Garcia LLP
and Robert N. Tafoya which will clarify that the legal services provided to the City include the Successor and
Housing Successor Agencies.
FISCAL IMPACT
There is no direct fiscal impact. However, if the Amendment is not the approved, the California Department of
Finance may disallow some legal services expenditures that are charged to the Successor Agency and reported
through the ROPS.
RECOMMENDATION
Staff recommends that the City Council approve the Amendment to the Agreement with Tafoya & Garcia LLP.
LEGAL REVIEW
The City Attorney has reviewed the Amendment and has approved it as to form.
BACKGROUND
On December 18, 2014, the City entered into an Agreement with the law firm of Tafoya & Garcia LLP. That
Agreement is to provide legal services to the City and all other City agencies. To be eligible for payment under
the ROPS, the Department of Finance and Los Angeles County require the contract to cover Successor and
Housing Successor agencies. So there is no misunderstanding, staff recommends the contract be amended to
clarify the fact that these agencies are included in the scope of work.
AMENDMENT NO. 1
CONTRACT SERVICES AGREEMENT
FOR CITY ATTORNEY SERVICES
CITY OF BALDWIN PARK
This AMENDMENT NO. 1 - CONTRACT SERVICES AGREEMENT FOR CITY
ATTORNEY SERVICES (hereinafter "AMENDMENT ") dated November 5. 2014 to the
CONTRACT SERVICES AGREEMENT FOR CITY ATTORNEY SERVICES (hereinafter
"AGREEMENT ") dated December 10, 2013 is entered into by and between TAFOYA &
GARCIA, LLP, a California limited liability partnership (hereinafter "T &G ") and the CITY OF
BALDWIN PARK, a municipal corporation, and its boards, commissions, Successor Agency to
the Community Development Commission, the Housing Successor Agency, the Housing
Authority the Finance Authority, and any other related legal entity or agency (hereinafter,
collectively, "CITY ").
WHEREAS, the CITY and T &G wish to clarify certain terms in the AGREEMENT by
adopting this AMENDMENT to the AGREEMENT; and
WHEREAS, the AGREEMENT did state that it included all "other bodies of the City"
and that this phrase was intended to include the Successor Agency to the Community
Development Commission and the Housing Successor Agency; and
WHEREAS, in order to expand on and explicitly describe the relationship between the
CITY and T &G, the AMENDMENT states that the AGREEMENT shall include the Successor
Agency to the Community Development Commission and the Housing Successor Agency, as
well as, the Housing Authority and the Finance Authority.
NOW THEREFORE, the CITY and T &G do hereby agree:
SECTION 1. The preamble to the AGREEMENT shall now read as follows:
"This CONTRACT SERVICES AGREEMENT FOR CITY ATTORNEY SERVICES
(the "Agreement ") is effective as of the I 01 of December, 2013 by and between the law firm of
TAFOYA & GARCIA, LLP, a California limited liability partnership ( "T &G "), and the CITY
OF BALDWIN PARK, a municipal corporation ( "City "). The term "City" shall also include all
boards, commissions, the Successor Agency to the Community Development Commission, the
Housing Successor Agency, the Housing Authority, the Finance Authority, and other related
legal entities or agencies."
SECTION 2. Section 1, paragraph one, shall read as follow:
"City Council hereby appoints Robert N. Tafoya as the City Attorney, and hires T &G as
its City Attorney, to render such legal services as are customarily rendered by such officials and
as further specified herein, including the City Council, Planning Commission, Successor Agency
to the Community Development Commission, Housing Successor Agency, Housing Authority,
Finance Authority, and other boards and bodies of the City and its affiliated agencies or entities."
1
SECTION 3. Section 2 (A)(i) shall now read as follows:
(i) "Attendance at City Council, Successor Agency to the Community Development
Commission, Housing Successor Agency, Housing Authority, Finance Authority,
Planning Commission and other City related entities or agencies, unless excused
by the Chief Executive Officer or his /her designee, and other board and
commission meetings upon request of the Chief Executive Officer or his /her
designee or the City Council; and"
SECTION 4. Section 2(B) shall now read as follows:
"T &G, a full service law firm, is prepared to, and will upon request of City, provide
representation to City in all of its legal affairs, including, but not limited to, municipal law, land
use, environmental, toxics, mining, water, tort defense, personnel, labor representation, code
enforcement, criminal prosecution, Successor Agency to the Community Development
Commission, Housing Successor Agency, housing, cable television, finance, franchising,
contracts, enterprise and other matters, except where conflicts exist or where the City Council
may otherwise direct. The City Attorney shall represent the City in all of the forgoing legal
matters, and in initiating and defending all litigation matters, and in the case of any outside law
firm and /or Special Counsel, supervise and review litigation strategy and billing practices, unless
otherwise directed by the City Council."
SECTION 5. All other provisions of the AGREEMENT not altered by this AMENDMENT
shall be incorporated into this AMENDMENT by reference and shall remain in full force and
effect.
SECTION 6. This AMENDMENT shall be attached and affixed to the AGREEMENT by the
City Clerk or his/her designee.
APPROVED this 5t' day of November, 2014 by the undersigned:
ATTEST:
In
CITY CLERK
am
BE
Manuel Lozano
MAYOR
Robert N. Tafoya
TAFOYA & GARCIA, LLP
SAN GABRIEI
Zr „,VALLEY' ^qh
1
t
ITEM NO. 0
Honorable Mayor and City Councilmembers
Robert Nacionales Tafoya
November 5, 2014
SUBJECT: REVIEW AND APPROVAL OF RESOLUTION RECOGNIZING
WORKFORCE AND NATIONAL FAMILY CAREGIVERS MONTH
I IM I'm 9 111005 E110 V as K11 i C
SUMMARY
This report requests the City Council to adopt a Resolution that recognizes the importance of in -home care
providers and the month of November as Family Caregivers month.
FISCAL IMPACT
None.
RECOMMENDATION
Staff recommends City Council adopt Resolution No. 2014 -042 entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, RECOGNIZING THE IMPORTANCE OF
THE IN -HOME CARE PROVIDER WORKFORCE AND NATIONAL FAMILY CAREGIVERS MONTH
FOR THE MONTH OF NOVEMBER.”
BACKGROUND
The City wishes to recognize the importance of in -home care providers and their delivery of care to vulnerable
citizens, such as seniors, adults, and children with disabilities that reside in the City. The month of November is
Family Caregivers month and the City wishes to show its support and recognition of in -home care providers by
officially recognizing November as Family Caregivers month.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form.
ALTERNATIVES
The only alternative is not to approve the Resolution declaring November as Family Caregivers month.
ATTACHMENT
• Resolution No. 2014 -042
RESOLUTION NO. 2014 -042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, RECOGNIZING THE
IMPORTANCE OF THE IN -HOME CARE PROVIDER
WORKFORCE AND NATIONAL FAMILY CAREGIVERS
MONTH FOR THE MONTH OF NOVEMBER
WHEREAS, close to 145,600 homecare workers in the County of Los Angeles,
including approximately 1,000 In -Home Supportive Services (IHSS) workers who reside
in Baldwin Park-, deliver giiatit}% Care to our most ijst vi_3tnerabtc residents, iw, ii rc u ing sei slots
and adults and children with disabilities; and
WHEREAS, homecare workers not only provide vital care to those in need, but
also save taxpayers millions of dollars each year when compared to more costly tax
funded institutional care; and
WHEREAS, the work of homecare workers often goes unnoticed, as do the
financial struggles that caregivers and their families experience, in order to provide this
lifeline service to those in need; and
WHEREAS, the number of family and non - family members requiring in -home
care will drastically increase, as the number of Americans who are 65 years of age and
older is expected to double in the next 30 years; and
WHEREAS, in order to meet the future demands of care giving, we must ensure
a stable workforce by recognizing, today, the important contributions that homecare
workers bring to those receiving care, to our communities and to society as a whole;
and
WHEREAS, providing homecare workers with a living wage will generate
demand for goods and services in the local economy, stimulate increased employment
opportunities, and generate additional income which will in turn lead to additional
spending in Baldwin Park; and
WHEREAS, other communities across California, including Los Angeles, San
Diego, West Hollywood, Berkeley, Oakland, and San Francisco, have taken steps to
recognize the importance of creating a pathway to a higher living wage as a standard to
lift workers out of poverty and revitalize communities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Resolution 2014 -
Page 2
SECTION 1. The City of Baldwin Park stands united with homecare workers, and
acknowledges the essential work and contributions they bring to Baldwin Park, by
officially recognizing the month of November as Family Caregivers Month. Through this
recognition, the City of Baldwin Park voices support for their efforts to lift themselves
and their communities out of poverty as they fight for a path to earn a higher living
wage.
PASSED, APPROVED AND ADOPTED this 5th day of November, 2014.
K 1 111 k, 0 A 0
ATTEST:
ALEJANDRA AVILA
CITY CLERK
Resolution 2014 -
Page 3
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
1, , City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing
Resolution was duly and regularly approved and adopted by the City Council of the City
of Baldwin Park at a regular meeting thereof, held on the _ day of October, 2014 by
the following vote:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
CITY CLERK