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HomeMy WebLinkAbout2013 10 16 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING October 16, 2013, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:05 p.m. INVOCATION The invocation was provided by Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL The following members of the City Council were in attendance: Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano Absent: Council Member Marlen Garcia ANNOUNCEMENTS Mayor Lozano announced that the meeting would be adjourned in memory of the deceased, previous owner of Bob's Bar. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS (OATH OF OFFICE WAS TAKEN AFTER THE CAHA AND SEMAP PRESENTATION, BUT NOTED HERE IN AGENDA ORDER) • Oath of Office for new and re-appointed Housing Commissioners Braulio Oscar Marin, Eduardo Acevedo, John De Leon, Magda Torrellas, Mario Betanco, Luis A. Montano. Mayor Lozano recognized Joleen and Joanna from Walnut Elementary who were present at the meeting to support their grandmother. Mayor Lozano introduced and led the new and re-appointed Housing Commissioners in their Oath of Office. City Council Regular Meeting Minutes 10/16/13 • California Association of Housing Authorities (CAHA) Housing American Month Recognition and Presentation to Baldwin Park Housing Authority for High Performance Section Eight Management Assessment Program (SEMAP) Rating. Ana Gamez, President of California Association of Housing Authorities, recognized the outstanding job that the Housing Authority of Baldwin Park has done; she presented a plaque to the 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 Housing Department. Council Member Pacheco applauded Susie Ruelas and her team for their work. PUBLIC COMMUNICATIONS Mayor Lozano announced that opening of public communications and the limit of three (3) minutes for each speaker. Ken Woods noted his work as a Valley County Water Board Member and asked for prayers for his wife who is in the hospital. Art Luna stated that the overpass on Athol Street has empty containers that need to be removed. He opined that the Councilmembers have allowed people to destroy the City, and that Councilmembers are not doing a good job at keeping the city clean. He also noted that Councilmembers would be in legal trouble if they do not pay for police officers' retirement. Bert Saavedra stated that she has lived in Baldwin Park for 13 years. She expressed her frustration with failed attempts to obtain information about the City Forum for Elected Officials. She noted problems with pollution and education in the city and expressed that it is 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 testimony. 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 Casas stated that the boxing trainers have been fighting to restore the boxing program. He added that, although the City has made some steps in the right direction, the residents have lost their trust in their leaders. He announced that he filed a lawsuit against Vijay Singhal for not complying with the law in regards to public records requests. Rangelio Huerta stated that he had dreamed of bringing his daughter to the boxing program one day but that, due to cuts in the program, his daughter would not be able to enjoy the program as he did. 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 a copy of the Mayor's bankruptcy, and stated that he will present shameful pictures of the Mayor if the Mayor Page 2 of 6 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 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 401K. Page 3 of 6 City Council Regular Meeting Minutes 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 AND LITIGATION It is recommended the City Council receive and file this report. (Mayor Pro Tem Garcia pulled this item for further discussion.) Mayor Pro Tem 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 Tem 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 Tem Monica Garcia, Council Member Marlen Garcia, and Mayor Lozano voted against this item, and that Council Members Ricardo Pacheco and Susan Rubio suggested that longevity pay be granted. Mayor Pro Tem 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 Tem Garcia stated that in the interest of transparency and goodwill, Councilmembers' votes during Closed Session should be discussed publicly. Page 4 of 6 City Council Regular Meeting Minutes 10/16/13 Council Member Rubio asked that all votes on everything discussed in Closed Sessions be provided. Mayor Pro Tern Garcia highlighted that she, Council Member Garcia, and Mayor Lozano clearly voted against increases and that she clearly remembers that Council Members Rubio and Pacheco supported increases. She asked that Councilmembers be honest. Council Member Rubio expressed an 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 in public. 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 public. Council Member Pacheco noted that the report is very one-sided. Council Member Rubio stated that she believes that the City is infringing on 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 a fair assessment. He also stated that he does not approve of this report being filed. Mayor Lozano stated that residents of Baldwin Park should have the right to know what is happening in the City. A motion was made by Lozano, seconded by Mayor 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— 0) to table Item No. 4. REPORTS OF OFFICERS (Item No. 5 was tabled to the next meeting) 5. CONTINUED FROM OCTOBER 2, 2013. AN AMENDMENT TO THE CITY'S MUNICIPAL 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) Page 5 of 6 City Council Regular Meeting Minutes 10/16/13 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 PERMANENTE; 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)." ADJOURNMENT A motion was made by Lozano, seconded by Garcia, to adjourn the meeting memory of the deceased, previous owner of Bob's Bar, at 8:23 p.m. �:�..�- ri Mr, ATTEST: // ice // A/:/ .L(I /" ' " (C City Clerk / /r S1/2 Page 6 of 6