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HomeMy WebLinkAbout2013 09 18 CC MIN 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 to order by Mayor Lozano at 7:05 p.m. INVOCATION The invocation was provided Mayor Pro Tem Garcia PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL 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 ANNOUNCEMENTS Mayor Lozano announced, as required by Government 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 convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. Council Member Garcia asked that residents keep the Duran family in their prayers as Mrs. Duran has been diagnosed with terminal cancer. Council Member Garcia announced that the City of Azusa hung a banner in honor of Councilman Uriel Macias who is serving in the Navy and has been deployed. Council Member Rubio announced that the Cancer Society is having a walk for breast cancer and invited residents to participate. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • A motion was made by Lozano, seconded by Monica Garcia, and carried (5—0) to introduce Item No. 8 during the presentations. Council Member Garcia read the resolution honoring the Southern California Permanente Medical Group on their 601h anniversary. City Council Regular Meeting Minutes 9/18/13 PUBLIC COMMUNICATIONS 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. Page 2 of 8 City Council Regular Meeting Minutes 9/18/13 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 Manny Carrillo resign because he has the credentials he needs 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. Page 3 of 8 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. CONSENT CALENDAR (Items 1 through 9) (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 Demands 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. 4. APPROVAL OF MEMORANDA OF UNDERSTANDING (MOU) FOR GENERAL UNIT OF MAINTENANCE EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 721 Staff recommends City Council waive further reading, read by title only and adopt the following resolution: Resolution No. 2013-032 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND THE GENERAL UNIT OF MAINTENANCE EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION"; and authorize the Chief Executive Officer and the Human Resources Manager to execute the respective MOU's. (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 401K. Council Member Garcia thanked the members of SEIU Local 721 who have been very professional in their negotiations. Page 4 of 8 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 MANAGEMENT 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 PERMANENTE 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 Tem 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. Page 5 of 8 City Council Regular Meeting Minutes 9/18/13 CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 1. Approval of the Recognized Obligation Payment Scheduled (ROPS 13-14B) for the period from January 1, 2014 through June 30, 2014 by the City Council as Governing Body of the Successor Agency to the Community Development Commission Staff is recommends the City Council, as governing body of the Successor Agency: 1. Adopt the Recognized Obligation Payment Schedule (ROPS) 13-14B for the period of January 1, 2014 through June 30, 2014; and 2. Direct staff to proceed with submitting the draft ROPS 13-14B for approval to the Oversight Board; and 3. Send the approved ROPS to the County Administrative Officer, County Auditor Controller, the State Controller and Department of Finance; and 4. Instruct staff to post the approved ROPS 13-14B on the City's website. 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. CITY COUNCIL/ CITY CLERK/CITY TREASURER/ STAFF REQUESTS & COMMUNICATIONS Request by Councilmember Ricardo Pacheco for discussion & direction to staff on the following: • 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. Page 6 of 8 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 on 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 Tem 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 Tem 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. Page 7 of 8 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 Tem 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. ADJOURNMENT A motion was made by Lozano and carried with no objections to adjourn the ouncil meeting at 9:09 p.m. =A— 4 or ATTEST: / i_ Ai .,,iii. .. A City CI-rk ///5/iy, Page 8 of 8