HomeMy WebLinkAbout2013 08 07 CC MIN MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
August 07, 2013, 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
CALL TO ORDER
The meeting was called to order by Ben Espinoza, special guest, at 7:15 p.m.
INVOCATION
The invocation was provided by Mayor Pro Tem Garcia.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was lead 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 Tem Monica Garcia
Mayor Manuel Lozano
ANNOUNCEMENTS
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 Tem 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
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
• 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.
PUBLIC COMMUNICATIONS
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
Page 2 of 10
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
are a disgrace to 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.
Mayra 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 Mr. Carrillo.
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
Pau p
Y
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 Tem 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.
Mayor Lozano noted that Ben Espinoza is a very impressive young individual.
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 on
the streets, and recycle every piece of trash he finds.
Page 4 of 10
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
Department's fruitless lawsuit. She noted that she wants her day in court.
Council Member Pacheco noted that a lot of money is going to Council Member
Garcia's request for more lawyers.
Mayor Pro Tem 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 Tem 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 Tem Garcia asked Council Member Rubio to stop denying that Mr.
Robles is her campaign manager.
CONSENT CALENDAR (Items 1 through 8)
(Item Nos. 6 and 8 were pulled)
A motion was made by Lozano, seconded by Marlen Garcia, and carried (5 — 0) to
approve Agenda Item Nos. 1 through 8 on the Consent Calendar with the exception of
Item Nos. 6 and 8.
Page 5 of 10
City Council Regular Meeting Minutes 8/7/13
1. AUTHORIZATION TO PROCEED WITH ADVERTISEMENT OF A REQUEST
FOR PROPOSALS (RFP) FOR THE PRINTING OF THE BALDWIN PARK
NOW
Staff recommends that the City Council: Authorize Director of Recreation and
Community Services to proceed with advertisement of a Request for Proposals
(RFP) for the printing of the Baldwin Park NOW; or Provide alternative direction
for selection process.
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.
4. LOS ANGELES INTERAGENCY METROPOLITAN POLICE APPREHENSION
CRIME TASK FORCE JOINT POWERS AGREEMENT
Staff recommends
1) City Council adopt resolution 2013-027, approving the Los Angeles
Interagency Metropolitan Police Apprehension Crime Task Force Joint
Powers Agreement ("LA IMPACT JPA")
2) Authorize the City's Membership in the LA IMPACT Authority; and
3) Authorize the Mayor to execute the JPA Agreement.
5. SECOND READING OF ORDINANCE 1355 THE ADDITION OF SECTION
153.170.105 TO THE CITY'S MUNICIPAL CODE RELATING TO BILLBOARDS
(LOCATION: EXISTING BILLBOARD LOCATIONS WITHIN THE CITY;
APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: AZC-173)
Staff recommends that the City Council adopt Ordinance 1355 on second
reading, read by title only and waive any further reading thereof.
6. STATUS REPORT ON PHASE II 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.
Page 6of10
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.
7. APPROVAL OF RENEWAL OF ANIMAL CONTROL AGREEMENT WITH THE
COUNTY OF LOS ANGELES WITH REVISED BILLING RATES
Staff recommends City Council: approve the Agreement with County of Los
Angeles, Department of Animal Care and Control. If approved, the agreement
with the County becomes effective July 1, 2013 and will run through June 30,
2014.
8. ADDING THREE LAW FIRMS TO CITY'S PANEL OF LEGAL FIRMS FOR
LEGAL ASSISTANCE WITH PERSONNEL, LITIGATION, LIABILITY AND
OTHER SPECIAL SERVICES
It is recommended that the City Council add these three (3) law firms to the City's
panel of legal firms to assist with legal matters as may be needed and requested
by the Council for personnel, litigation, liability and other special services and
authorize the Mayor to sign the attached professional service agreements.
(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.
Page 7 of 10
City Council Regular Meeting Minutes 8/7/13
SET MATTERS — PUBLIC HEARINGS
9. PUBLIC HEARING OF THE CITY COUNCIL TO ADOPT A RESOLUTION AND
THE CITY'S 2013 CONGESTION MANAGEMENT PROGRAM LOCAL
IMPLEMENTATION REPORT
It is recommended that the City Council open the public hearing, receive any
public comment, close the public hearing and adopt Resolution 2013-029, "A
RESOLUTION OF THE CITY OF BALDWIN PARK FINDING THE CITY TO BE
IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM
(CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT IN
ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089".
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.
REPORTS OF OFFICERS
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.
Page 8 of 10
City Council Regular Meeting Minutes 8/7/13
11.CONTINUED FROM JUNE 19, 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:
OffieeJ±loz Nara Dic Erpj Sines
1 June 30, 2014
2
3
4 June 30, 2015
5
Tenant - 6
Tenant 7 (62+) PENDING APPLICATIONS June 30, 2016
A motion was made by Mayor Lozano, seconded by Marlen Garcia, and carried
(5-0) to table Item No. 11 to the next meeting.
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
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.
Page 9 of 10
■
City Council Regular Meeting Minutes 8/7/13
ADJOURNMENT
A motion was made by Lozano, seconded by Marlen Garcia, to adjourn the Cit Council
meeting at 9:54 p.m. in memory of Luis Hernandez.
M. .,•r
ATTEST: t,9
.,Aice.-
City Jerk
Approved: 1l/5/
Page 10 of 10