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