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HomeMy WebLinkAbout2013 07 17 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING July 17, 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 Mayor Pro Tem Garcia. 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 Marlen Garcia Council Member Ricardo Pacheco Mayor Pro Tem Monica Garcia Mayor Manuel Lozano Absent: Council Member Susan Rubio (excused) ANNOUNCEMENTS Mayor Lozano announced as required by Government Code section 54954.3, that 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. Mayor Lozano noted that he received Mr. Wood's phone call regarding negotiations about the fire hydrant installation. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Recognition to Mr. & Mrs. Jack White on celebrating their 60'"Wedding Anniversary. Mayor Lozano recognized Mr. & Mrs. White for being married for 60 years. He noted that Mr. White is a former Los Angeles Police Officer who reached the level of Commander and worked for the District Attorney; he is also an elected official for the Baldwin Park Unified School District. • Certificate of recognition for the Officers of the Baldwin Park SWAT Team for their participation in the arrest of Felony Murder Suspect. Council Member Pacheco requested that this presentation be moved to the next meeting. City Council Regular Meeting Minutes 7/17/13 • Oath of Office presentation for Natalie Ybarra, Planning Commissioner. (This presentation was made before Item No. 9, but noted here in agenda order) Mayor Lozano introduced Ms. Ybarra, and asked her to raise her right hand and take the Oath of Office. PUBLIC COMMUNICATIONS Mayor Lozano announced that public communications as open and a three (3) minutes limit for each speaker. Alfonso Contreras asked for more information on Item Nos. 9 and 10. Rafael Gonzales and Luis Escobar spoke together and announced that the library would be closed for refurbishment. They announced that it would re-open in the spring. Jesse Plata noted that he does not always agree with his City Representatives. He stated that, after listening to both sides of the discussion about the Police Department, he still has some questions. He noted that there is no money and that the Police Department is offering fewer hours for a higher cost. He also noted that his experience with the Police Department has been 50/50. Art Luna stated that the City Council does not listen to him. He noted that the Council has violated the Brown Act by having secret negotiations with the Police Department. He reminded Council Members that they have to work for the people and not the other way around. Council Member Pacheco stated that Mr. Plata is wrong. He noted that the majority of the people do not want the Sheriffs Department. He reminded the Mayor that he was not elected to be popular, but rather to represent the citizens, and that he should let the people vote. Katherine Reyes asked why Baldwin Park is not participating in the National Night Out. She also asked that the City keep the Police Department. Raul Reyes noted that he supports Item No. 6 and that he is in favor of keeping the Police Department. He noted that the number-one priority is public safety and that the people are demanding that the Police Department stay. An unidentified speaker stated that she has been a citizen of Baldwin Park for 40-plus years and noted that she was here when the Sheriff's Department was in Baldwin Park, and that they did not do a good job. She stated that she supports the Police Department. Thomas Kerry noted that he has not had any troubles with the Police Department, and that if the City hires the Sheriffs Department, they will get a lot of litigation. He stated that some of the City Staff should take a pay cut to help the budget. He stated that an outsider who attended a previous meeting could not believe what happens during Council Meetings at Baldwin Park since Marlen Garcia hides behind her computer and argues until she has had the last word. Julian Casas stated that it is unjust that he makes$8.40 per hour after 14 years of work, and that Council Member Garcia's daughter makes $10.40 per hour as an inexperienced lifeguard. He asked how many years he needs to work to have a fair wage. He also noted that Manny Carrillo makes about$160,000 a year, and that there is a large café budget for elected officials. John Rios noted that the City Council should be composed of 5 members, but that 3 members run it. He stated that over 70% of the residents want to keep the Police Department. Page 2 of 12 City Council Regular Meeting Minutes 7/17/13 Mayra Smith stated that she was discriminated against when she was denied a promotion to become a program specialist because she was African American. She outlined her educational background and her experience with racism. She stated that she had been working for Parks and Recreation for over 15 years and that she feels her Civil Rights have been violated. Eric Ramirez stated that he works at Parks and Recreation, and that the cuts that are being implemented will affect the children of the City. An unidentified speaker who works for Parks and Recreation noted the discrimination that occurs in this Department. He stated that he has only been evaluated once, even though he has been working for five and a half years. He added that many of the recreation leaders do not get recognition for the work they do. He also noted that hour cuts have affected his job performance. Mary Montoya stated that she has been working for Parks and Recreation for over 11 years. She noted that she is upset that the hours are being cut because the children who benefit from these programs have no one else. She stated that her supervisor, Rudy Galindo, told her that there would be more budget cuts because of the Police Department, but she asked whether cuts are happening across the board, or are only affecting part-timers and not management. Alfredo Romero, Program Specialist for Baldwin Park, stated that he has been employed for 8 years. He noted that Mr. Carrillo and Vijay Singhal have discussed budget cuts, and that they are cutting individuals' hours because they do not want them to qualify for benefits. He stated that he has seen the e-mails himself and has proof of this. He also stated that select staff would be able to receive benefits. He also noted that many of the staff is unhappy with raises and promotions but are scared to speak. He stated that it is unfair that certain individuals are kept at minimum wage while others are hired for$10 per hour. He asked the Council not to cut the boxing program because it makes a big difference in the youth's lives. Laura Cazares noted her support for Council Member Pacheco's recommendation to allow the citizens to vote. She also stated that the National Night Out is very important. She noted that public safety should be a priority over a parking structure. Magda Trellis stated that she does not care about which department keeps public safety in the City, but rather, she cares about having a department that will serve responsibly. She noted that she does not want a department that asks for a raise right away because there is no money for Parks and Recreation. She asked the Council to open more doors to bring money into the City. Cecilia Bernal noted that she would like more studying done before a decision is made. She also invited the Council to a backpack giveaway on Saturday. She noted that she listens to the recordings when she cannot attend, that she was listening to the last meeting with her grandson, and that she was appalled that Council Member Pacheco called Council Member Garcia an "ass." Erica Barraza stated that she is disappointed at Council Member Pacheco's unprovoked attack against Council Member Garcia. She stated that the citizens of Baldwin Park expect better leaders. She noted that Council Member Pacheco insulted all women when he used a derogatory term to refer to Council Member Garcia. She asked that Council Member Pacheco apologize. Mr. Tuttle told Council Member Pacheco that if he apologizes, he would not speak to him anymore. He asked Council Member Garcia to acknowledge what an imbecile she has been. After Mayor Lozano asked him not to attack Council Member Garcia, he stated that he would attack her because she attacked him previously. He warned Council Member Garcia that if she comes within 5 feet of him, he would file a grievance against her and ask for a restraining order. He stated that Council Member Garcia, Mayor Pro Tem Garcia, and Mayor Lozano took money from the Police Department to fund the 5K run. He noted that Ms. Hadsell, Ms. Garcia, and Mr. Singhal are being sued personally because they are corrupt. He asked why the City Attorney could not handle their lawsuits. He stated that the Police Department has much support. He stated that Council Member Garcia is the worst of Page 3 of 12 City Council Regular Meeting Minutes 7/17/13 any Council Member ever, and noted that she does not deserve to be a Council Member, or deserve any respect from him. Israel Robles stated that he has seen improvement in Baldwin Park, but that he would like for his streets to be fixed since citizens are still paying taxes. Fran Amaya stated that employees working at the Parks and Recreation Center are being treated unfairly because certain people are receiving more hours, but others are having their hours cut. He noted that the Affordable Care Act was just passed, and that it is coincidental that the City is now cutting hours to prevent certain individuals from receiving benefits. He noted that the events that are being carried out are boring and are not being promoted. He stated that the people in positions of power are getting too comfortable and lazy. Margarita Vargas noted that the City Attorney was supposed to draft rules to speak at City Hall. There being no additional speakers, Mayor Lozano closed public communications at 8:18 p.m. Council Member Pacheco asked citizens to notice that, as a Council Member, he does not speak out a lot and is patient but that Cecilia Bernal needs to note how many times Council Member Garcia and the majority has been disrespectful to him. He stated that Ms. Bernal is biased towards Council Member Garcia. He stated that he has been married for 22 years and has daughters, and that they should not be saying that he hates women. He stated that there is a division in the Council, and that the budget does not talk about all the issues, but rather only shows one side of the story. He stated that the lawsuit came about because the Council will not sit down and negotiate with the Police Department. He noted that their jobs are now in jeopardy because they filed the lawsuit. He stated that the Mayor has placed an item on the agenda to hire more lawyers, and that he is doing this for political purposes because he wants to place these individuals within the City. He noted that in December, Mayor Lozano hired another firm because his friend Mr. Bejarano works at that firm. He stated that the priorities in the budget are misplaced because public safety should be the priority. He stated that there have been 3 or 4 Finance Directors in the last couple of months. He asked citizens to ask themselves why Finance Directors continue to resign. He noted that Mayor Lozano holds the state record for throwing out citizens who speak out against him. Council Member Garcia stated that she agrees with Council Member Pacheco in that the citizens of Baldwin Park need to know the facts. She noted that Mr. Tuttle is not even a resident of Baldwin Park, and that when she approached him he was afraid. She called him a bully. She noted that women who support Council Member Pacheco's use of the word "ass" are probably accustomed to having "their man" call them names, but that she is not. She thanked Ms. Bernal for listening to the recording. She noted that the reason he was upset at her was because she showed up at an "illegal" meeting Council Members Pacheco and Rubio were having with the Police Department. She stated that citizens should have the option to vote whether or not they would like to be taxed to keep the Police Department. She also stated that the City is bankrupt because years ago the majority, which was made up of Council Member Pacheco and Mayor Lozano, gave Police Department the benefit of 3% at 50, which means that when Police Officers retire, the City is obligated to pay them at 90% of their regular salaries because the officers will not pay into their retirement. She stated that the first Department that will have cuts if the Police Department is kept would be Parks and Recreation. She thanked levelheaded people who actually study the budget and understand that cuts need to be made. She noted that individuals who are not from Baldwin Park do not matter. She told Council Member Pacheco that it is a sad day when he is at the mercy of Mr. Tuttle. Mayor Pro Tem Garcia stated that it is interesting that Parks and Recreation and the Police Department are represented at the meeting. She noted that she has been a resident of Baldwin Park since 1975. She stated that it is unfortunate that the Police Department cannot be afforded, but that it is necessary to make these assessments. She stated that the Police Department says that the Parks and Recreation Department needs to be cut, while the Parks and Recreation Department asks that other areas to be cut. She noted that"something's gotta give," and that it was necessary to cut the Page 4 of 12 City Council Regular Meeting Minutes 7/17/13 concerts, fireworks and the parade. She noted that the cost of the Police Department is 19.1 million, while city revenue is only about 21 million. She stated that the City has been negotiating with the Police Department for over a year and that they offered to pay their deficit, but that the Police Department wanted increases. She noted that even if the City can currently afford the Police Department, pension costs will increase and the City would not be able to afford it in the future. She stated that the City has also lost money to the State, and that even if citizens agree to be taxed, it is unclear whether the City can afford the Police Department. She stated that the initiative by Los Angeles to tax the residents to keep their Police Department failed. She clarified that the funds that were used on the parking structure were restricted funds for transportation that would have gone back to the Federal Government if they were not used for transportation. She stated that the Council's tone is unfortunate, but that Council Member Pacheco and Council Member Rubio play the victim many times. Mayor Lozano noted that Mr. Tuttle is not a resident of the City. He stated that several years ago he ran for Mayor of the City of Baldwin Park, but committed perjury because he is not a resident of Baldwin Park. He clarified that the group that met last week across the church is ran by a paid campaign manager of one of the individuals for Council. He stated that this individual gave false information to residents. He assured that bankruptcy is not an option. He reminded residents that no one has made a decision about the Police Department, that it is only a study. He noted that the study would allow the residents to make an informed decision. Council Member Pacheco asked his mother to stand up and answer whether he hates women or not. He noted that there are several contracts they can work with to bring more revenue to the City. He asked Council Members why they have not signed various contracts that would bring much revenue to the City. He stated that there is a reason why Council Member Garcia has a lawsuit pending against her. Council Member Garcia told Mrs. Pacheco that she is probably very proud of her son calling another woman an "ass", that she probably supports that, and that being a religious woman, she is very proud that he called her an "ass." She asked residents to look at all the facts. Council Member Pacheco asked Council Member Garcia if the TRO and the lawsuit could be made public on the website. Vijay Singhal, Chief Executive Officer, noted that individuals are sued all the time, and that even if an individual is sued, it does not mean that they are wrong. He asked that Council Members do not discuss private legal matters. CONSENT CALENDAR (Item Nos. 1 through 8) (Item Nos. 4 and 7 were pulled for further discussion) A motion was made by Lozano, seconded by Marlen Garcia, and carried (4—0—0 Councilmember Rubio Absent) to approve Item Nos. 1 through 8 on the Consent Calendar with the exception of Item Nos. 4 and 7. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands. 2. TREASURER'S REPORT: MAY 2013 Staff recommends that the Finance Authority receive and file the May 2013 Treasurer's Report. 3. CLAIM REJECTION Staff recommends City Council reject the claims of Anthony Delmaro, Jimmy Pimentel, Kathleen and Lance Christensen and direct staff to send the appropriate notice of rejection to claimants. Page 5 of 12 City Council Regular Meeting Minutes 7/17/13 4. APPOINTMENT OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE—SEPTEMBER 18—20, 2013, SACRAMENTO, CA Staff recommends City Council appoint a delegate and alternate to represent the City at the Annual Business Meeting of the League of California Cities. (Item No. 4 was pulled by Council Member Garcia for further discussion). Council Member Garcia noted that the City of Baldwin Park needs to appoint a delegate and an alternative for this conference. A motion was made by Marlen Garcia, seconded by Monica Garcia, and carried (4 — 0 — 0 Councilmember Rubio Absent) to appoint Council Member Marlen Garcia as the delegate for the Conference. A motion was made by Lozano, seconded by Monica Garcia, and carried (4 — 0 — 0 Councilmember Rubio Absent) to appoint Council Member Pacheco as the alternate for the Conference. 5. NEW POLICE HELICOPTER AGREEMENT WITH THE CITY OF EL MONTE Staff recommends: That the City Council approve the new agreement between the City of Baldwin Park and the City of El Monte for the delivery of police helicopter services. 6. APPROVAL OF (1) RESOLUTION IN SUPPORT OF THE HEALTHY EATING ACTIVE LIVING (HEAL) GRANT; (2) 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 (3) 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) Adopt Resolution No. 2013-025 entitled, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING CITY STAFF TO WORK ON THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH PROJECT IN SUPPORT OF THE HEALTHY EATING ACTIVE LIVING (HEAL) GRANT"; and (2) 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, July 17, 2013 to September 29, 2013. (3) 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 prior July 17, 2013 to September 29, 2013. 7. AGREEMENT FOR ENFORCEMENT SERVICES AT IRWINDALE EVENT CENTER It is recommended that the City Council (1) Approve the contract agreement for overtime reimbursement between the City of Irwindale and the City of Baldwin Park, and (2) City Council authorize the Chief of Police to sign and execute the contract agreement. (Item No. 7 was pulled by Council Member Garcia for further discussion). Council Member Garcia noted that this used to be the Irwindale Speedway before. She highlighted that this is an initiative by a City to manage its expenses. Page 6 of 12 City Council Regular Meeting Minutes 7/17/13 A motion was made by Marlen Garcia, seconded by Monica Garcia, and carried (4 — 0 — 0 Councilmember Rubio Absent)to approve Item No. 7. 8. APPROVE MOU WITH LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY TO PARTICIPATE IN THE EZ TRANSIT PASS PROGRAM Staff recommends that the City Council: Authorize the execution of Memorandum of Understanding with MTA and grant signature authority to the Director of Public Works. SET MATTERS—PUBLIC HEARINGS 9. PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2013-023, ORDERING THE ASSESSMENTS FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013-2014 It is recommended that the City Council: Hold a Public Hearing, and after considering testimony, waive further reading, read by title only, and adopt Resolution 2013-023 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013-2014, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS." Daniel Wall, Public Works Director, noted that there is a 1.28% increase. Mayor Lozano opened the floor to public comment. Thomas Kerry noted that there are words far worst than "ass." He noted that the increase of 42 cents is not much. Art Luna stated that he does not know why the Council does not just say they are going to raise taxes. He noted that the Council is just like the state that continues to raise taxes. He stated that if the City wants to raise money, they should get rid of the motorcycles. He told the Council that they should go to the homes of people with a fixed income. He told the Council that the citizens cannot afford any more tax raises. Mayor Lozano noted that they cannot raise taxes without the approval of citizens. He read aloud that in the 1997 and 1998 fiscal years, property owners approved the formation of Citywide Park Maintenance to generate revenue for financing maintenance and operational costs. Mr. Wall stated that this comes before the City Council because it is the required methodology to make sure that City Council provides a check on Staff. He stated that the 1.28% increase was factored in 1998 fora consumer price index. Speaker noted that this is an ongoing, recurring tax increase that does not need to be approved. He stated that there are street signs that cannot be read, lampposts that do not work, so it is not worth to pay more money. He told the Mayor that he does not care about citizens going bankrupt even though he has friends who are loosing their homes. He noted that he has not seen reports to justify the raise. He opined that the reason the City has to have this increase is because they are inefficient on their budget. He asked that a Certified Public Accountant be hired as a Finance Director. He noted that the Council is hiding things, and that is why they do not want a Certified Public Accountant. Staff noted that the City has to have an engineer's report by law. Page 7 of 12 City Council Regular Meeting Minutes 7/17/13 Mr.Wall noted that the revenue would be $674,000, but that the cost would be $872,000. He clarified that the difference would be picked up by the general fund, and that in previous years the shortfall was over$500,000. Seeing no others wishing to speak, Mayor Lozano closed the public hearing. A motion was made by Marlen Garcia, second by Lozano, and carried (4—0—0 Councilmember Rubio Absent)to, to waive further reading and adopt Item No. 9. 10.PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2013-024, ORDERING THE ASSESSMENTS FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013-2014 It is recommended that the City Council: Hold a Public Hearing, and after considering testimony, waive further reading, read by title only, and adopt Resolution 2013-024 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013-2014, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS." Daniel Wall, Public Works Director, noted that the assessment amounts are the same as had been levied in previous years. He stated that fortunately the assessment amounts would meet the projected funding needs. Mayor Lozano opened the floor to public comment. Vijay Singhal, Chief Executive Officer, asked what the cost is. Mr. Wall noted that the total anticipated revenue is over 1 million, and that the projected expenditures are about$60,000.00 less. Thomas Kerry asked what the CPI is. Mr. Wall noted there is no increase. Art Luna asked how much this Item would cost. Mr.Wall noted that this Item is more complex because it will depend. Art Luna asked why the numbers that Mr. Wall is reading are not available for the residents. He noted that some people are going to loose their homes, and that they keep increasing taxes. Mayor Lozano closed the floor from public comment. A motion was made by Marlen Garcia, seconded by Lozano, and (4—0—0 Councilmember Rubio Absent) to waive further reading and adopt Item No. 10. Mr. Singhal assured Mr. Luna that there would be no increase. Page 8 of 12 City Council Regular Meeting Minutes 7/17/13 11.A REQUEST FOR CONSIDERATION OF A PROPOSED AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO THE CONVERSION OF EXISTING STATIC-FACED BILLBOARDS TO DIGITAL-FACED BILLBOARDS (LOCATION: EXISTING BILLBOARD LOCATIONS WITHIN THE CITY OF BALDWIN PARK; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: AZC-173) Staff recommends the City Council open the public hearing and following the public hearing: adopt: (1) Resolution 2013-021 "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 BILLBOARD USES (LOCATION: EXISTING BILLBOARD LOCATIONS WITHIN THE CITY OF BALDWIN PARK; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: AZC-173)" (2) Introduce for first reading, by title only and waive further reading, Ordinance 1355, entitled, "AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTION 153.170.105 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO BILLBOARDS." Amy Harbin, AICP City Planner, gave a brief history on various agreements the City approved regarding billboards. She noted that this resolution would improve the City's image. Mayor Lozano opened the floor to public comment. Thomas Kerry asked if these billboards will light up, and noted that these are distractions to people driving. Speaker asked whether Staff completed a study on the safety hazards of placing the billboards where they will be placed. Mary Ferrer noted that the previous speaker had a good point. She noted that these billboards are distractions to drivers. Magda Trellis stated that these billboards would create problems on the roadway. Mayor Lozano closed the floor from public comment. Ms. Harbin noted that this amendment only changes the Municipal Code to allow the City to consider these billboards, but that a company who proposes to place a billboard would have to conduct safety hazard studies. Staff Member noted that Caltrans also has to approve the billboards. A motion was made by Lozano, seconded by Monica Garcia, and carried (4-0), to approve Resolution 2013-021. A motion was made by Lozano, seconded by Monica Garcia, and (4—0—0 Councilmember Rubio Absent), to introduce for first reading, by title only and waive further reading of Ordinance 1355. Page 9 of 12 City Council Regular Meeting Minutes 7/17/13 12.A REQUEST FOR CONSIDERATION OF A(I) BILLBOARD REMOVAL AND RELOCATION AGREEMENT TO ALLOW CONVERSION OF FOUR (4) BILLBOARD SIGN FACES (LOCATED ON TWO BILLBOARD STRUCTURES) FROM STATIC TO DIGITAL AND (II) RELATED MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT Staff recommends the City Council open the public hearing and following the public hearing adopt: Resolution 2013-022 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A BILLBOARD REMOVAL AND RELOCATION DEVELOPMENT AGREEMENT and approve the Removal and Relocation Agreement between the City and Clear Channel Outdoor, Inc. Amy Harbin, AICP City Planner, outlined the request. She explained what the request would entail, and that the Planning Committee reviewed this. Mayor Lozano opened the floor to public comment. Thomas Kerry noted that he is fifty/fifty on this proposal. Mayor Lozano closed the floor from public comment. A motion was made by Lozano, seconded by Pacheco, and (4—0—0 Councilmember Rubio Absent) to approve Item No. 12. REPORTS OF OFFICERS 13.CONSIDERATION OF APPOINTMENTS AND RE-APPOINTMENTS TO FILL VACANCIES FOR THE RECREATION AND COMMUNITY SERVICES COMMISSION Staff recommends City Council review the commission applications to appoint or reappoint individuals to serve on the Recreation and Community Services Commission by: 1. Approving Resolution No. 2013-026; and 2. Appoint or Re-Appoint Commission Offices subject to satisfactory background checks through the Department of Justice. Council Member Garcia noted that many incumbents have reapplied. A motion was made by Marlen Garcia, seconded by Lozano, and (4—0—0 Councilmember Rubio Absent)to consider Irma Tarango for Position 1, Cecilia Bernal for Position 2, Martha Reyes for Position 3, Joanne Watkins for Position 4, and Alfredo Orozco for Position 5. CITY COUNCIL/CITY CLERK/ CITY TREASURER/STAFF REQUESTS & COMMUNICATIONS Request by Ricardo Pacheco for discussion &direction to staff on the following: • To withdraw the City's request for a Los Angeles County Sheriff's Department Phase II Study. Council Member Pacheco made this motion on account of his discussions with hundreds of residents of the City to keep the Baldwin Park Police Department. Council Member Pacheco asked that the Sheriff's Proposal for Phase II be reconsidered since many individuals are not interested in hiring the Sheriffs Department. He asked for an update on the Phase II Study. He asked that a Staff Report be prepared for the next meeting. Page 10 of 12 City Council Regular Meeting Minutes 7/17/13 Mayor Lozano noted that the citizens will be able to vote and that the City has not been charged $90,000.00. Council Member Pacheco noted that he never mentioned anything about not allowing citizens to vote. He asked for a written Staff Report at the next meeting. Vijay Singhal, Chief Executive Officer, noted that there has not been any progress because the City is still in private meetings. Council Member Pacheco noted that the TRO is an important piece of information and that it should have been brought before the residents. Mayor Lozano stated that transparency is important and that the public should know who is accepting money from certain Departments. Council Member Pacheco asked Mayor Pro Tem Monica Garcia to outline the TRO. Mayor Pro Tem Garcia stated that the TRO is about the City considering a proposal by the Sheriffs Department, while at the same time meeting with the Police Department. She noted that a decision has not been made. She stated that in Phase II, the City would study the City's assets and the costs of going forward with the Sheriffs Department, after which, the City could make a decision. She stated that after she went to the Court, the Court asked the Council to meet and confer with the Police Department. Mr. Singhal noted that he cannot present negotiations that happen during Closed Session. Council Member Pacheco noted that the TRO is a public document and that he is asking staff to present a report in writing that shows what the impact of the TRO was on Phase II. • Have the City participate in the National Night Out (NNO) and provide exhibitions for the public such as SWAT Equipment, Police units, Police Citizen organization information. The NNO is a unique crime and prevention annual event sponsored by many cities and it takes place each year on the first Tuesday in August. Previous National Night Out events have involved citizens, law enforcement agencies, civic groups, neighborhood organizations, neighborhood crime watch groups, and local officials from all over the City of Baldwin Park. The events are designed to: 1. Heighten crime and drug prevention awareness; 2. Generate support for, and participation in, local anti-crime programs; 3. Strengthen neighborhood spirit; and 4. Send a message to criminals letting them know that neighborhoods are organized and fighting back. Council Member Pacheco made a motion to direct the Chief Executive Officer and staff to organize, participate, and provide exhibits for the NNO activities. Council Member Pacheco read his request. A motion was made by Pacheco, but failed for lack of a second, that the City participates in the National Night Out. Mayor Lozano stated that he supports the National Night Out from a different City. Page 11 of 12 City Council Regular Meeting Minutes 7/17/13 Council Member Garcia stated that it violates state law to ask employees to volunteer in the capacity that he/she currently serves. City Attorney, Joseph Pannone, clarified that this is Federal law. Council Member Garcia noted that this program was cut back because of the high costs. She stated that the City simply cannot afford this program, and that it sends a wrong message to citizens to support this project when other programs are being cut. She recommends looking to another city hosting the event and partnering up. Request by Manuel Lozano for discussion & direction to staff on the following: • To add the law firms of Ross & Gesso, Rick Olivares and Richards Watson and Gershon to the City's attorney panel and bring professional services agreements for Council approval at the next meeting. Mayor Lozano noted that he is concerned about legal issues with the City of Irwindale, and that other cities have panels of attorneys. He noted that there is no cost. Council Member Pacheco asked whether there is a cost. Mayor Lozano noted that there is a cost if the City uses them. Council Member Pacheco asked why City Attorney, Joseph Pannone, cannot represent the City. Mayor Lozano stated that Mr. Pannone practices in the City of Irwindale, and that the issue with Irwindale could provide a conflict of interest. A motion was made by Lozano, seconded by Monica Garcia, and (4—0—0 Councilmember Rubio Absent)to bring his request, to add the law firms to a panel, to the next meeting. ADJOURNMENT A motion was made by Lozano, seconded by Garcia, and (4—0—0 Councilmember R •io Absent) to adjourn the meeting at 10:11 p.m. ATTEST: /. City Clerk Page 12 of 12