HomeMy WebLinkAbout2013 08 21 CC MIN MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
August 21, 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
An invocation was given by Mayor Lozano.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was made by Council Member Pacheco.
ROLL CALL
PRESENT:
Council Member Marlen Garcia
Council Member Ricardo Pacheco
Council Member Susan Rubio
Mayor Manuel Lozano
ABSENT:
Mayor Pro Tem Monica Garcia
ANNOUNCEMENTS
None.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
• Certificate recognition to the Officers of the Baldwin Park SWAT Team for their
Exceptional Service in Keeping Our Streets Safe.
PUBLIC COMMUNICATIONS
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 limited to five years, and
therefore the contract in 2004 should have ended in 2009, after which there should have been
bidding. He requested that various companies provide an RFP. He noted that Royal Coaches
is under an investigation in Irwindale, and that Royal Coaches' contract is in blatant violation of
the City Ordinance.
Speaker Cristen with City of Hope announced the Foothill Challenge on October 5th, and asked
the Mayor or a Councilmember to lead the walk.
City Council Regular Meeting Minutes 8/21/13
Thomas Kerry stated that the reason Royal Coaches' contract is preferred over Dan's Towing is
because Royal Coaches gives political contributions to Councilmembers. 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 be 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 to clean various bridges in the
City, and noted that they should not cancel the September 18th meeting because their only time
commitment is to be available to the residents twice a month. He told Council that if they push
for the Sheriff's Department, they would be in a lot of trouble because Mr. Baca cannot handle
the work he currently has.
An unidentified speaker asked the Council to allow citizens who do not have a driver's license to
call a relative 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 of Baldwin 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 to attend. He stated that the Police Department wants to be in Baldwin Park and is
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 a priority for the City right now since it has many financial burdens. He told
residents that the reason the Police Department has sued is 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 $90,000. He opined that the City Attorney lost the
lawsuit. He stated that Council Member Garcia blatantly lied at the last meeting and offered to
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 it is costing the City thousands of dollars.
Zachary noted that he has enjoyed the boxing program for two months, and stated that the
boxing program brings in revenue and is self-sufficient. 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.
Larry Ibarra stated that he has been boxing for six years, but that since the cost of the program
has been raised, he will no longer be able to attend.
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City Council Regular Meeting Minutes 8/21/13
Manny McGowan noted how much he enjoys the boxing program, and how unfair it would be for
the cost to go up and hours to go down.
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 of the
aquatic program in which Council Member Garcia's daughter participates. He also noted that
boxing coaches who have been working for years are paid $8.40 per hour, while Council
Member Garcia's daughter was paid $10.40 for a lifeguard summer job.
Gordon Allen noted that he has been going to the boxing club for five years and that if the
boxing program is making money, it does not make sense to cut funds from the program. He
also stated that the equipment at the gym is old and needs updating.
Alyssa Marin thanked the Council for listening to all the residents. She noted that she was a
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 sustainability of the boxing program cannot be proved. He asked Council Members Rubio
and Pacheco to assure him that a request for Manny Carrillo's resignation would be considered.
Christian stated that he has been in the boxing program for eight years, and that the fees in the
program have risen, and the hours have been cut.
Paul Cook asked Mr. Carrillo, Council Member Garcia, Mayor Pro Tem Garcia, and Mayor
Lozano to resign. He noted the many deficiencies of these constituents of the City Council. He
stated that he made a forensic report on the boxing budget, and that the boxing program is self-
sufficient. He noted that Mr. Carrillo has mixed the budget with the fleet budget, and he outlined
various suspicious line items on 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 it is violent. He also asked whether pensions are the moving reason to
move 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 be allowed.
John Rios noted that at the last meeting, Council Member Garcia raised hell and caused
Council Member Rubio to leave. He also noted that the Mayor promised a budget over a year
ago. He stated that last week he saw the Mayor with a young lady, and asked the Mayor to be
accountable for what he does.
There being no additional comments, Mayor Lozano closed public communications at 8:11 p.m.
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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 cancel the meeting in September, but that there was no vote on the October 17th
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.
CONSENT CALENDAR (Items 1 through 5)
(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.
1. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands
2. CONSIDERATION TO CANCEL THE LEGISLATIVE BODY MEETING OF
SEPTEMBER 18, 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.
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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.
3. ADOPTION OF RESOLUTION NO. 2013-031 AMENDING THE FEE SCHEDULE AND
REVISING FEE FOR THE REGISTRATION OF FORECLOSED PROPERTY AND
APPROVAL OF AGREEMENT WITH NEFTALI CORTEZ, DBA NATIONWIDE COST
RECOVERY SERVICES, FOR ASSISTANCE RE IMPLEMENTATION OF THAT
PROGRAM.
It is recommended that the City Council:
1) Adopt Resolution No. 2013-031 entitled, "A RESOLUTION OF 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. 1 to the
Professional Services Agreement.
5. RE-CERTIFICATION OF COMMUNITY HOUSING DEVELOPMENT
ORGANIZATION'S (CHDO'S)AND APPROVAL OF AFFORDABLE HOUSING
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
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City Council Regular Meeting Minutes 8/21/13
not to exceed $450,000 in HOME funds and $321,000 in Neighborhood Stabilization
Program Income for the administration of the Acquisition/Rehabilitate/Resale
program.
(Council Member Pacheco pulled Item No. 5 for further discussion)
Council Member Pacheco asked Staff to provide more background on the NHSLA.
Vijay Singhal, Chief Executive Officer, noted that Susan Baldwin, Executive
Administrative Assistant to Human Resources, could provide more detail.
Ms. Baldwin clarified that there is already an agreement with NHSA and that they are an
organization that is very well known as an affordable housing organization.
A motion was made by Pacheco, seconded by Lozano, and carried (4 — 0 — 0 Absent:
Mayor Pro Tem Monica Garcia) to approve Item No. 5.
REPORTS OF OFFICERS
(Mayor Lozano requested to move Reports of Officers to the following meeting)
6. CONTINUED FROM JUNE 19, 2013. REVIEW OF PLANNING COMMISSION
APPLICANTS AND CONSIDERATION OF APPOINTMENTS AND/OR
REAPPOINTMENTS TO 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".
7. CONTINUED FROM JUNE 19, AUGUST 7, 2013 - CONSIDERATION OF
APPOINTMENTS AND/OR REAPPOINTMENTS TO FILL VACANCIES FOR THE
HOUSING COMMISSION
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:
CITY COUNCIL /CITY CLERK/ CITY TREASURER/STAFF REQUESTS &
COMMUNICATIONS
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.
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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 Tern Monica Garcia for discussion & direction to staff on the
following:
(Mayor Lozano moved this Item because Mayor Pro Tem 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 21st 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 for discussion & direction to staff on
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
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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
how the recession 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.
ADJOURNMENT
A motion was made by Lozano to adjourn the City Council meeting at 9:10 p.m.
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