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HomeMy WebLinkAbout2016 04 06 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING APRIL 6, 2016, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:11 p.m. INVOCATION The invocation was provided by Councilmember Ricardo Pacheco. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Ricardo Pacheco Council Member Cruz Baca Council Member Susan Rubio Mayor Pro Tern Monica Garcia Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano report that during closed session Case No. B15520, California Awareness v. Baldwin Park, was discussed and that Council approved by a vote of 5—0, to settle the case in amount of$16,500. Mayor Lozano also reported that by unanimous vote, 5—0, Council directed the City Attorney to represent the City of Baldwin Park in the Appellate Case, Paul Cook v City of Baldwin Park, Case No. 5227444. A motion was made by Mayor Lozano, seconded by Councilmember Baca, and carried (5—0) to adjourn the Special Meeting of March 4, 2015. ANNOUNCEMENTS Councilmember Baca requested that the meeting be closed in memory of Yolanda Serrano, who passed last week. She is survived by her husband and is best remembered as proprietors of a local bakery ran by her and her husband. Councilmember Rubio invited the community to come out to the new Farmer's Market which will be held on Thursdays evenings at Morgan Park. Councilmember Baca extended congratulations to the Baldwin Park Police Department for taking 4th Place in the "Baker to Vegas" marathon. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Presentation of Proclamation recognizing April as DMV/Donate Life California Month Mayor Lozano read aloud and then presented the Proclamation to Ms. Lupe Reyes, representing Donate for Life month. • Presentation of Certificates recognizing Students in the Adult Education Program Dr. Kerr provided a brief history of the essay contest hosted by the Adult Education Program and commended the students for their submissions. Mayor Lozano called recipients to the dais and presented each with a Certificate of Recognition; commented on the tremendous achievement of each student and provided the opportunity for some students to read their essays aloud. • Recognition of California Golden Glove Champions Roman Puga and Thomas Gutierrez Recreation and Community Services Director Manuel Carrillo, Jr., recognized tow Baldwin Park residents who took top honors in their championship wins for their weight class. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:37 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Lawrence Shee, representative of Supervisor Hilda Solic, spoke of an upcoming health fair, Tsu Chi, and invited the community to come out to the fair and take advantage of the various health and wellness-related services that will be offered at the fair. Juan Rios, Baldwin Park resident, announced that he is serving subpoenas on members of the City Council. City Attorney Robert Tafoya noted that he would accept the subpoenas if they were accompanied by checks for witness fees. Since none were provided, Mr. Tafoya returned the subpoenas to Mr. Rios. Rosa, Baldwin Park resident, expressed concern and displeasure about pet owners who are walking their dogs along Steward Avenue but are not cleaning up after their pets; opined that there should be an ordinance that requires owners to clean up after their pets and, if they fail to obey, that they be fined. Ken Woods, Baldwin Park resident and business owner, expressed concern regarding recent allegations made against a local business owner, noting that he now questions the character of this business owner and asked for suggestions as to where he should take his business; commented on a statement submitted by a councilmember in support of a lawsuit filed. Unidentified speaker, opined that Council is squandering City funds on lawsuits, alleged that the City is wasting money on consultants and impulse purchases; stated that the Council needs to get back in touch with the community and to stop wasting and start spending money with local business and infrastructure improvements. Thomas Kerri, San Bernardino resident, commented on recent litigation; pointed out that the community complains about those in office but they continue to elect the same people over again; opined that greed and corruption will destroy the country and that the media simply fans the flames of discontent. JoAnne Watkins, Baldwin Park resident, expressed appreciation for Council's efforts and noted that she has submitted an application for a seat on the Recreation and Community Services Commission; noted that she has previously served as a commissioner and she looks forward to doing so again. City Council Meeting of April 6,2016 Page 2 of 10 Greg Tuttle, Baldwin Park business owner, read portions of a transcript from a recent court hearing pertaining to a restraining order that had been filed against him; opined that members of council are unlawfully using City legal resources to file frivolous lawsuits and defend the same members through the City Attorney. Seeing no others wishing to speak, Public Communications closed at 8:14 p.m. CONSENT CALENDAR Councilmember Baca pulled Item Nos. 9 and 10 for further discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Pacheco, seconded by Lozano, and carried (5—0) to ratify the Warrants and Demands Register. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 2. REJECTION OF CLAIMS Staff recommends that Council reject the following claims and direct staff to send the appropriate notice of rejection to claimants: Easy Car Finance, Inc. Claimant alleges vehicle was sold by towing company without consent A motion was made by Pacheco, seconded by Lozano, and carried (5—0) to reject the claims listed on the Staff Report and direct staff to send the appropriate notice of rejection to claimants. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 3. APPROVAL OF MEETING MINUTES Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Regular City Council Meeting held on January 20, 2016. B. Meeting Minutes of the Housing Authority, Finance Authority, Special and Regular City Council Meetings held on February 17, 2016. C. Meeting Minutes of the Special and Regular City Council Meetings held on March 2, 2016. D. Meeting Minutes of the Special and Regular City Council Meetings held on March 16, 2016 A motion was made by Pacheco, seconded by Lozano, and carried (5—0) to receive and file the minutes. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. City Council Meeting of April 6,2016 Page 3 of 10 ABSENT: None. ABSTAIN: None. 4. APPROVE THE RENEWAL OF THE GENERAL SERVICES AGREEMENT WITH LOS ANGELES COUNTY Staff recommends that Council approve the renewal of the General Services Agreement between the City of Baldwin Park and the County of Los Angeles, for a five-year period, and authorize the Mayor to execute the Agreement. A motion was made by Pacheco, seconded by Lozano, and carried (5—0)to approve the renewal of the General Services Agreement between the City of Baldwin Park and the County of Los Angeles, for a five-year period, and authorize the Mayor to execute the Agreement.. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 5. ADOPT A RESOLUTION AMENDING THE EXECUTIVE BENEFITS MATRIX AND UNCLASSIFIED MANAGEMENT MATRIX Staff recommends that Council approve Resolution No. 2016-120, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE EXECUTIVE EMPLOYEES BENEFITS MATRIX AND THE UNCLASSIFIED MANAGERS EMPLOYEES BENEFITS MATRIX" A motion was made by Pacheco, seconded by Lozano, and carried (5—0) to approve Resolution No. 2016-120, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE EXECUTIVE EMPLOYEES BENEFITS MATRIX AND THE UNCLASSIFIED MANAGERS EMPLOYEES BENEFITS MATRIX" AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 6. COOPERATIVE COST SHARING AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF A CNG STATION AND AGREEMENT FOR THE COORDINATION AND DESIGN OF THE CNG STATION Staff recommends that Council: 1. Approve the Cooperative Cost Sharing Agreement with Los Angeles County and authorize the Chief Executive Officer to execute the same; and 2. Approve the Professional Services Agreement with Evans Brooks Associates (EBA) for project coordination and design, and authorize the Mayor to execute the same. A motion was made by Pacheco, seconded by Lozano, and carried (5—0)to Approve the Cooperative Cost Sharing Agreement with Los Angeles County and authorize the Chief Executive Officer to execute the same; and approve the Professional Services Agreement with Evans Brooks Associates (EBA) for project coordination and design, and authorize the Mayor to execute the same. City Council Meeting of April 6,2016 Page 4 of 10 AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 7. APPROVAL TO PARTICIPATE IN THE 2016 SUMMER LUNCH PROGRAM Staff recommends that Council: 1. Authorize staff to submit an application to the State of California, Department of Education, to participate in the 2016 Summer Lunch Program; and 2. Authorize the Director of Recreation and Community Services to execute all Summer Lunch Program documents, including the Agreement with Baldwin Park Unified School District. A motion was made by Pacheco, seconded by Lozano, to: 1. Authorize staff to submit an application to the State of California, Department of Education, to participate in the 2016 Summer Lunch Program; and 2. Authorize the Director of Recreation and Community Services to execute all Summer Lunch Program documents, including the Agreement with Baldwin Park Unified School District. AYES: Lozano, Garcia, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. 8. CONSTRUCTION AND MAINTENANCE AGREEMENT FOR RAMONA BOULEVARD BETWEEN SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY(SCRRA)AND THE CITY OF BALDWIN PARK COVERING THE HIGHWAY-RAIL AT GRADE CROSSING Staff recommends that Council approve the Construction and Maintenance Agreement with Southern California Regional Rail Authority and authorize the Mayor to sign the Agreement. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to approve the Construction and Maintenance Agreement with Southern California Regional Rail Authority and authorize the Mayor to sign the Agreement. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 9. FY 2016-2017 BUSINESS IMPROVEMENT TAX ALLOCATION COMMITTEE RECOMMENDATIONS Staff recommends that Council approve the FY 2016-2017 Business Improvement Tax Allocation Budget. Councilmember Baca inquired about the purpose of some of the expenditures; Councilmember Rubio asked about the committee that made decisions pertaining to the budget and who has discretion of spending for the account. City Council Meeting of April 6,2016 Page 5 of 10 Chief Executive Officer Shannon Yauchzee responded to questions from Council, noting that many of the line items appearing in the budget were previously approved by Council. Council requested that staff provide assurance that services provided through funding from the Business Improvement Tax Allocation will be monitored to insure that the City's efforts are highlighted. A motion was made by Pacheco, seconded by Baca, and carried (5—0)to approve the FY 2016-2017 Business Improvement Tax Allocation Budget. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 10. CONSIDER AND APPROVE THE SUPPLEMENTAL SERVICES AGREEMENT WITH (COLOR PRINTING & MAILING, INC. Staff recommends that Council: 1. Consider the additional funding to print four (4) issues of the Baldwin Park NOW for the duration of 2016; and 2. Consider and approve the Supplemental Services Agreement with iColor Printing & Mailing, Inc.; and 3. Authorize the Director of Finance to allocate the funding and make the necessary budget transfers. Councilmember Baca requested clarification on this item, particularly as it pertains to the fiscal impact and how the funds are allocated. A motion was made by Baca, seconded by Pacheco, and carried (5 — 0) to approve the additional funding to print four (4) issues of the Baldwin Park NOW for the duration of 2016; approve the Supplemental Services Agreement with iColor Printing & Mailing, Inc.; and authorize the Director of Finance to allocate the funding and make the necessary budget transfers. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. PUBLIC HEARING None. REPORTS OF OFFICERS 11. CONSIDERATION OF A CONSULTANT SERVICES AGREEMENT WITH KOSMONT COMPANIES Staff recommends that Council: 1. Provide direction to approve the Consulting Services Agreement with Kosmont; and 2. Authorize the Director of Finance to make appropriate transfers and fund City Council Meeting of April 6,2016 Page 6 of 10 adjustments from the combination of Business Improvement Taxes Fund and/or other funding sources Councilmember Baca had several questions and concerns pertaining to the nature and cost of the contract; requested that Section No. 7 of the contract be stricken and that a requirements for monthly status reports from the consultant. Mayor Pro Tern Garcia requested that the Consultant provide an overview of the purpose of this contract and what the scope of work would entail. Mr. Kenneth Hira, representing Kosmont, responded to the questions from Councilmember Baca and explained some of the work called for by the contract; provided a brief example of the types of data that is gathered and how the information can be used for economic development efforts; noted that a strategy would be developed and presented to Council for review and approval; the approved strategy would be implemented by seeking opportunities for bring in additional retail and revitalize existing businesses. A motion was made by Mayor Pro Tem Garcia and was seconded by Councilmember Pacheco; Councilmember Baca voiced her objection; Mayor Lozano called for a roll call vote on the item. Councilmember Rubio expressed her support to some of the issues raised and her frustration that this item cannot be postponed to another meeting to allow more time for clarification and discuss. A motion was made by Garcia, seconded by Pacheco, and to approve the Consulting Services Agreement with Kosmont, contingent the following amendment to the contract: "Section 7 — Right to Utilize Others" shall be stricken from the contract; and the contract is to provide monthly status reports as to their activities and progress; With these amendments, motion carried (3 — 2) (Councilmembers Baca and Rubio voting Noe) to approve the amended contract and authorize the Director of Finance to make appropriate transfers and fund adjustments from the combination of Business Improvement Taxes Fund and/or other funding sources. AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio. ABSENT: None. ABSTAIN: None. 12. CONSIDERATION OF A CONSULTANT SERVICES AGREEMENT WITH AIM CONSULTING SERVICES Staff recommends that Council: 1. Provide direction to approve the Consulting Services Agreement with AIMCS; and 2. Authorize the Director of Finance to make appropriate transfers and fund adjustments from the combination of Business Improvement Taxes Fund, General Fund, Proposition C, Future Development Fund, and other funding sources accordingly. Councilmembers discussed the scope of work of this contract and whether there appeared to be any overlap in services; City Council Meeting of April 6,2016 Page 7 of 10 A motion was made by Pacheco, seconded by Garcia, to amend the Consulting Services Agreement with AIM Consulting Services as follows: "Paragraph 3 — Time for Performance: The terms of this Agreement shall be effective for a period of [twelve (12)] six (6) months beginning on the date of execution of this Agreement." and "Consultant shall report back to Council [with—quarterly resemmendations] every three (3) months with recommendations or as necessitated through ongoing development." Councilmember Baca expressed objection; Mayor Lozano called upon the City Clerk to conduct a vote by roll call: AYES: Garcia, Lozano, Pacheco, Rubio NOES: Baca. ABSENT: None. ABSTAIN: None. The motion carried, (4 — 0) (Councilmember Baca voting No) to approve the amendment of the contract as narrated by the City Attorney, with. A motion was made by Pacheco, seconded by Garcia, and carried (3 — 2) (Councilmembers Baca voting No) to approve the amended contract carried and authorize the Director of Finance to make appropriate transfers and fund adjustments from the combination of Business Improvement Taxes Fund and/or other funding sources. AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. Councilmember Rubio expressed great concern about the lack of deliverables on both contracts, making the point that there is nothing tangible to provide the constituency to show what work has been done and what will be done. 13. OPTIONS FOR CITY COUNCIL TO CONSIDER FOR ANNUAL AUDITING SERVICES Staff recommends that Council direct staff to arrange for the top three firms from the 2014 RFP return to make a presentation to the City Council. The City Attorney requested and Council concurred that this item it to be brought back at a future meeting since discovering that a conflict of interest exists between the City and one of the firms listed (employment of former"interim finance director)." Council postponed this item and directed staff to bring it back at a future meeting. 14. REVIEW OF CURRENT APPLICATIONS AND CONSIDERATION OF APPOINTMENT OF MEMBERS FOR VARIOUS CITY COMMISSIONS Staff recommends that Council review the submitted Commission applications, accept nominations, authorize staff to initiate the appropriate background checks through the Department of Justice (DOJ) and, contingent upon satisfactory clearance by the DOJ, appoint individuals to the respective City Commissions and adopt, the following Resolutions: City Council Meeting of April 6,2016 Page 8 of 10 1. Resolution No. 2016-116, entitled, "A Resolution of the City Council of the City of Baldwin Park Appointing Individuals to the Recreation & Community Services Commission of the City of Baldwin Park, to Office Numbers 1, 2, 3, 4, and 5;" 2. Resolution No. 2016-118, 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, for Office Numbers 1, 2, 3, 4, 5, 6, and 7. 3. Resolution No. 2016-119, entitled, "A Resolution of the City Council of the City of Baldwin Park Appointing Individuals to the Personnel Commission of the City of Baldwin Park, to Office Numbers 1, 2, 3, 4 and 5;" 4. Resolution No. 2016-121, entitled, "A Resolution of the City Council of the City of Baldwin Park Appointing an Individual to the Planning Commission of the City of Baldwin Park, to Office Number 5." Council discussed candidates that applied to each respective commission and then took the following actions: Mayor Lozano began by making a motion to nominate the following individuals for the Recreation and Community Services Commission: Joanne Watkins; Jean Ayala, Deanna Robles and Christopher Saenz A motion was made by Lozano, seconded by Rubio, to appoint Joanne Watkins to the Recreation and Community Services Commission. A motion was made by Lozano, seconded by Pacheco, to appoint Jean Ayala to the Recreation and Community Services Commission. A motion was made by Lozano, seconded by Pacheco, to appoint Deanna Robles to the Recreation and Community Services Commission. A motion was made by Lozano, seconded by Pacheco, to appoint Christopher Saenz to the Recreation and Community Services Commission. Mayor Lozano then suggested that the remaining Commission seat be re- advertised for additional applicants. Councilmember Rubio made a motion to appoint Anna Lujan, a former Recreation Commissioner, which was seconded by Councilmember Baca, but Mayor Lozano voiced objection to the motion and directed the City Clerk to conduct a vote by roll call: AYES: Baca, Rubio NOES: Garcia, Lozano, Pacheco. ABSENT: None. ABSTAIN: None. Councilmember Rubio's motion failed by a 3 — 2 vote, with Mayor Lozano, Mayor Pro Tem Garcia and Councilmember Pacheco voting no. A motion was made by Lozano, seconded by Pacheco, to appoint Edith Flores to the Planning Commission. Councilmember Baca voiced objection to the motion. With the objection, Mayor Lozano directed the City Clerk to conduct a vote by roll call: AYES: Garcia, Lozano, Pacheco, Rubio NOES: Baca. ABSENT: None. ABSTAIN: None. City Council Meeting of April 6,2016 Page 9 of 10 The motion was made by Lozano, seconded by Pacheco, and carried (4 — 1) (Councilmembers Baca voting No) to appoint Edith Flores to the Planning Commission. Councilmember Pacheco requested that the remaining Commissioner appointments be held over to the next meeting and that the openings be re- advertised to invite additional applicants. 15. APPROVE RESOLUTION NO. 2016-107, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY," AND FOLLOWING REVIEW AND APPOINTMENT OF MEMBERS TO ESTABLISHED COMMITTEES, ADOPT SAID RESOLUTION Staff recommends that Council 1) review and appoint members to the positions of representatives and alternates of the established committees and organizations presented in Resolution No. 2016-107, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City;" and 2) review in-house committee appointments and select or nominate members as representatives of these committees accordingly. Council postponed this item and directed staff to bring it back at a future meeting. CITY COUNCIL/CITY CLERK/CITY TREASURER/STAFF REQUESTS & COMMUNICATIONS Mayor Lozano asked that staff bring before Council at its next regular meeting the current status of the Hometown Heroes Program and the potential costs associated with continuing the program. City Attorney Tafoya stated that, in response to a recent inquiry by the Mayor, he would be bringing back a report for informational purposes to Council on Eminent Domain laws and any impact that they may have on the ROEM Phase II project. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano, seconded by Councilmember Rubio, to adjourn the Regular meeting at 9:17 p.m. Maor ATTEST: , n el Lozano, Mayor ,L liar i� Aleja •ra Avil-, City Cle APPROVED: 61V/6 City Council Meeting of April 6,2016 Page 10 of 10