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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