HomeMy WebLinkAbout2016 09 07 CC MIN MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
SEPTEMBER 7, 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 7:00 p.m.
INVOCATION
The invocation was provided by Council member Pacheco.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Lozano.
ROLL CALL
MEMBERS PRESENT:
Council Member Cruz Baca
Council Member Ricardo Pacheco
Council Member Susan Rubio
Mayor Manuel Lozano
MEMBERS ABSENT:
Mayor Pro Tem Monica Garcia
REPORT ON CLOSED SESSION
Mayor Lozano stated that no reportable action was taken on items discussed during Closed
Session.
ANNOUNCEMENTS
Council member Baca requested that Council recognize Lillian Mower who turned 100 on
September 4th; noted that she is a long-time resident of Baldwin Park, served in the Army in
World War II, and is still very active in the Baldwin Park Women's Club and in the community as
well.
Council member Baca also announced that the Baldwin Park Police Department will be hosting
the First Responder's Fundraiser this coming Saturday at Santa Fe Dam, which will include a 5k
run and prize giveaways.
Council member Baca also extended congratulations to Gus Martinez for his 36 years of service
with the City of Baldwin Park; spoke of the wonderful retirement party recently attended by
many of Mr. Martinez's colleagues from the City and that he will be greatly missed.
Council member Rubio asked that the meeting be closed on behalf of Mr. Levi, a very active
member in the community who was a member of the Lion's Club and worked as a volunteer on
a program that provided eyeglasses to low income children and family members.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
• Presentation of Certificate of Recognition to the Family of Joyce Gamble (R.I.P) for her
many years of service in the Community.
Mayor Lozano and Council member Baca presented a Certificate of Recognition to
members of her family in recognition of Joyce Gamble, who was a cherished friend, an
active community member, a dedicated educator and devoted mother.
• Presentation by Robert Cruz, Southern California Gas Company, with an update on the
Aliso Canyon retrofit and repair project.
Robert Cruz, representative of the Southern California Gas Company, narrated a
PowerPoint presentation, provided a brief status update on the efforts to restore the
facilities at the Aliso Creek location and provided informational flyers.
Council member Rubio asked that information from SCG be included on the City's
website.
PUBLIC COMMUNICATIONS
Mayor Lozano opened Public Communications at 7:17 p.m. and noted that each speaker is
permitted a total of three (3) minutes to speak.
Ken Woods, Baldwin Park resident, opined that one Council member behaved poorly at the
previous council meeting; further stated that money spent on a restraining order was a waste of
money.
Arturo Luna, Baldwin Park resident, asked why Council has to spend money foolishly; opined
that some Council members are spending money carelessly; expressed support for those that
are asking for proof of service on some invoices submitted to the City for payment.
Cliff Denaldi, Baldwin Park resident, resides on Downing and asked for assistance with traffic
issues at Estella and Main; noted that morning traffic is especially bad because vehicles that are
parked along the street block the view of oncoming traffic, making it particularly dangerous;
requested that the curb be re-painted red as a no parking area.
Unidentified speaker, announced that there will be a Thai Cultural event, including Thai
Classical Dance, Thai music, food and refreshments, all taking place on September 17, from
5:00 p.m. to 8:00 p.m., at the Baldwin Park Performing Art Center; noted that attendance is free
of charge and invited Council and the community to attend.
Robert Chavari, Baldwin Park resident, asked that the City consider installing a Stop sign or a
Speed Limit sign in the area of Royston Street and Syracuse Avenue to help control traffic,
noting that there have been accidents there yet nothing has been done; opined that homeless
are taking over in the area near the 1-605 and there is concern for children and patrons of
nearby restaurants.
Juan Gutierrez, Baldwin Park resident, resides on Bogart Street and is concerned with the trash
and debris that blows from the nearby shopping center, where the Superior Market is located,
onto the adjacent streets, noting that he is continuously sweeping in front of his house because
of the garbage; expressed discord regarding the noise from the MetroLink and the horn being
blown without regard for the residents living near the tracks.
Unidentified speaker, Baldwin Park resident, expressed exasperation because each time his
son, who is homeless, is arrested, a bill for the booking fee is sent to his house; stated that he
lives on social security and cannot afford pay for the fees and, since his son is homeless, his
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son cannot pay either; suggested that those who are unable to pay should be doing community
service as restitution and that very little is being done by the City to help the homeless.
Andres Chavari, Baldwin Park resident, echoed the concerns regarding traffic at Royston Street
and Syracuse Avenue, opining that vehicles drive in excess of 60 mph on Syracuse; stated that
the problem is more prolific around holidays and that some drivers are "drifting" on the street,
causing long skid marks along the pavement; pleaded for more police presence in the area to
protect children and to discourage indigents from doing drugs in the neighborhood in plain view.
Unidentified speaker, Baldwin Park resident, voice objection to the extension and opening of
Hensel Street to Walnut Creek Nature Park; expressed concern that there will be an increase in
traffic and will endanger children.
Andre De La Victoria, owner and operator of Grocery Outlet, expressed commitment to the
community and support to the Police Department fundraising event by providing a basket of
groceries; offered to assistance to the community.
Teri Muse, Representative of Waste Management, Inc., provided a bi-annual update on •
activities and programs of Waste Management; stated that training with firefighters was recently
completed to educate emergency responders on how to extinguish trash truck fires when the
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vehicle is run on compressed nature gas (CNG); cited discarded batteries as a source that
starts fires in trash trucks.
Daniel Damian, Baldwin Park resident, provided a handout to Council [copies of invoices paid
by the City] and made inquiries regarding some of the line items listed; pointed to invoices
submitted for an interim Building Official but being paid to Advanced Applied Engineering (AAE);
objected to the excessive funds paid to consultants when existing staff could be performing
some of the work and that, in other cases, a full time employee could be hired for the same or
less cost.
Juan Rios, Baldwin Park resident, asked how the Director of Recreation & Community Services
earns $250,000 annually but is failing to keep of city parks maintained properly; cited Barnes
Park as being an example of a lack of maintenance and misuse of the park; opined that some
Council members are colluding and mishandling public funds.
Andrea Proud, Baldwin Park resident, presented information on the American Cancer Society
and the upcoming "Relay for Life" event; recognized community sponsors and expressed
appreciation to the City and School District for support of this important cause.
Marianna Lake, Valley County Water District Board Member, alleged that she is being followed
and feels concern for her safety; pleaded for an increase of police presence in her
neighborhood.
Sid Mousavi, voiced concern and objection to comments and allegations made about AAE;
stated that AAE is said to have been the subject of an investigation but that it operates within
the regulation boundaries; spoke about the AAE invoices that have recently been questions,
explaining that invoices are checked by accountants, back up for every invoice has been
provided to the City and that AAE invoices have been a part of City audits and has undergone
various other inspections; clarified his career, including employment at the City and in the
private sector.
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Greg Tuttle, Baldwin Park business owner, made various derogatory comments and allegations;
voiced objection to the proposed ROEM Phase II project; made various other comments and
allegations.
Margarita Vargas, Baldwin Park resident, noted that she recently attended an event at which
she spoke to Norma Garcia, Deputy Director for Planning and Development Agency, for the
office of Hilda Solis; noted that Ms. Garcia hosted a presentation regarding Proposition A and
suggested that the City invite Ms. Garcia to make the same presentation to Council since it
directly pertains for grant funds for parks and infrastructure development.
Seeing no others wishing to speak, Public Communications closed at 7:49 p.m.
Mayor Lozano provided a brief response to comments made by one of the speakers made
during Public Communications.
CONSENT CALENDAR
Council members requested Item Nos. 1, 5, 6, 8, 10 from the Consent Calendar be taken
separately for discussion.
A motion was made by Lozano, seconded by Baca, and carried (4 — 0) to
approve, adopt and authorize Consent Calendar Item Nos. 2, 3, 4, 7 and 9.
1. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands Register.
Council member Baca began discussion by narratingd some of the payments made to
consultants and the work performed by those consultants; express dissatisfaction with
the work product provided by the consultant in relation to the invoices paid to these
consultants; expressed concern that consultants are performing the same work
concurrently and that some of the work being done could be performed by in-house
staff in a more cost effective and efficient manner.
Expressed concern and the need to rescind the approval cap from $120,000 back to
$10,000 as had previously been policy; stated that decisions to control costs to
taxpayers cannot be achieved by finding about expenditures after the fact; asserted
that she would like payments to be suspended on identified consultants until
investigations can be done to verify the work identified in the invoices.
Council member Rubio noted that Mr. Mousavi, who spoke of the integrity of his
company, AAE, should be supporting the move back to a $10,000 cap because it
would allow Council to review his projects more closely and see that the billing from
consultants reflects accuracy; pointed out that supporting this action would help
alleviate the need to explain himself and the invoice submissions by his company.
In response to Mayor Lozano's inquiry, Council member Baca confirmed her motion to
approve but also noted that she would like the referenced invoices and any future
invoices investigated for accuracy.
A motion was made by Baca, seconded by Lozano, and carried (4 — 0) to ratify
the Warrants and Demands Register.
AYES: Lozano, Baca, Rubio, Pacheco
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NOES: None.
ABSENT: Garcia
ABSTAIN: None.
2. TREASURER'S REPORT—JULY 2016
Staff recommends that Council receive and file the Treasurer's Report:
A motion was made by Lozano, seconded by Baca, and carried (4 — 0) to ratify
the Warrants and Demands Register.
AYES: Lozano, Baca, Rubio, Pacheco
NOES: None.
ABSENT: Garcia
• ABSTAIN: None.
3. REJECTION OF CLAIMS
Staff recommends that Council reject the following claims and direct staff to send the
appropriate notice of rejection to claimants:
Mercury Insurance Co. a/s/o Salvador Claimant alleges that overhead power
Sanchez Garcia line became detached from power pole
and struck vehicle of the claimant's
insured.
Subida, Rogelito Claimant alleges that police
department illegally towed and
impounded his vehicle.
Chen, Dingzhong Claimant alleges block wall was
damaged by city employee; wall was
actually damaged by third party.
A motion was made by Lozano, seconded by Baca, and carried (4 — 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, Rubio, Pacheco
NOES: None.
ABSENT: Garcia
ABSTAIN: None.
4. APPROVAL OF MEETING MINUTES
Staff recommends that Council receive and file the following Meeting Minutes:
A. Meeting Minutes of the City Council Meetings held on July 20, 2016.
A motion was made by Lozano, seconded by Baca, and carried (4—0) to receive
and file the Minutes.
AYES: Lozano, Baca, Rubio, Pacheco
NOES: None.
ABSENT: Garcia
ABSTAIN: None.
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5. EXTENSION OF THE EXCLUSIVE NEGOTIATION AGREEMENT (ENA) WITH ROEM
DEVELOPMENT CORPORATION FOR A PROPOSED PHASE II TO A TRANSIT-
ORIENTED MIXED-USE DEVELOPMENT BETWEEN RAMONA BLVD AND THE
BALDWIN PARK CIVIC CENTER
Staff recommends that Council approve and authorize:
1. Approve the extension to the ENA with ROEM Development Corporation; and
2. Authorize the Mayor to execute the necessary documents for the extension.
Council member Baca requested that this item be held over until the first meeting in
October since Mayor Pro Tem Garcia and Council member Rubio were in
attendance at the Closed Session in which the agreement was reviewed and
discussed; she also felt this would provide time for Mayor Pro Tern Garcia to also
review the agreement.
A motion was made by Baca, seconded by Pacheco, and carried (4— 0) to bring
this item back at a Council meeting in October.
AYES: Lozano, Baca, Rubio, Pacheco
NOES: None.
ABSENT: Garcia
ABSTAIN: None.
6. STATUS REPORT FOR GREENLEAF EVENTS, INC. AGREEMENT FOR THE
CERTIFIED FARMER'S MARKET AND STREET FAIR
Staff recommends that Council approve:
1. Terminate the current contract due to the breaches of the Agreement as described
herein and the failure of the vendor to return multiple calls from City staff; and
2. Issue a Request for Proposal for a new vendor to start in the Spring of 2017.
Council member Baca suggested that, since there are several other events that will
be coming up in the latter part of the year, including the Parade and 60th Anniversary
Celebration, the contract with Green Leaf be terminated and the remaining events for
2016 be cancelled.
Council member Rubio provided an alternate action, asking that the timeframe for
the event be reduced from this year's nine month period back to a four month time
period (September through December), allow the Recreation and Community
Services staff to resume coordination of the event rather than hiring an outside
company to run the events.
Council member Pacheco suggested that, during the downtime [since the remaining
events will be cancelled through the end of the year] the City can still pursue
issuance of a Request for Proposal (RFP)for next year's events.
Council member Rubio pointed out that the resulting drastic drop in participation by
vendors and community attendance was a direct result of hiring an outside
consultant and it would be a waste of money to issue another RFP since existing
staff can manage the event more efficiently.
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A motion was made by Rubio, seconded by Pacheco, and carried (4 — 0) to
cancel the remaining street fair events until next year (2017) and direct that
Recreation and Community Services staff coordinate all future street
fairs/markets.
AYES: Lozano, Baca, Rubio, Pacheco
NOES: None.
ABSENT: Garcia
ABSTAIN: None.
7. AMENDMENT OF NOISE ORDINANCE NO. 1388 WITH RESPECT TO TIME OF
ENFORCEMENT
Staff recommends that the City Council waives the First Reading and adopt by Title only
Ordinance No. 1388, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK AMENDING SECTIONS 130.31, 130.34, AND 139.37 OF CHAPTER 130:
GENERAL OFFENSES, OF THE TITLE XIII OF THE BALDWIN PARK MUNICIPAL CODE
WITH RESPECT TO NOISE REGULATIONS."
A motion was made by Lozano, seconded by Baca, and carried (4 — 0) to
conduct a first reading, by title only, and adopt Ordinance No. 1388.
AYES: Lozano, Baca, Rubio, Pacheco
NOES: None.
ABSENT: Garcia
ABSTAIN: None.
8. AMENDMENT OF FIREWORKS ORDINANCE NO. 1390 IN ORDER TO REDUCE THE
NUMBER OF SALES DAYS AND INCREASE THE FINE FOR VIOLATION
Staff recommends that the City Council waives the First Reading and adopt by Title only
Ordinance No. 1390, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK AMENDING SECTION 93.10 OF CHAPTER 93: FIRE PREVENTION;
FIREWORKS, OF TITLE IX, GENERAL REGULATIONS, OF THE BALDWIN PARK
MUNICIPAL CODE".
Council member Pacheco opined that this would place an undue burden on the
Police Department in enforcing the ordinance and that the proposed fine is
excessive.
With that, Council member Pacheco made a motion to oppose the recommendation
and Mayor Lozano seconded the motion. However, Council member Rubio asked
that the item be taken for discussion prior to the vote.
Council member Rubio pointed out that this amendment was brought about because
of how soon before and how long after the July 4th holiday fireworks use is occurring;
opined that the nature of the noise can crate stress for very small children, veterans,
the elderly and pets.
Council member Baca stated that she had spoken with members of other
surrounding cities and their experiences with tightening up fireworks ordinances;
stated that some cities struggle with enforcement since the fine of $1,000 does not
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easily deter users; made a substitute motion that the amendment be passed and that
the coming year's July 4th will determine the effectiveness of the amendment, at
which time the ordinance may be amended again.
A substitute motion was made by Council member Baca, seconded by Council
member Rubio, with Mayor Lozano and Council member Pacheco objecting.
With a 2—2 result, discussion continued.
Mayor Lozano suggest that, ultimately, the issue could be placed on the ballot for a
vote by the community. Council member Rubio pointed out that the amendment ask
only that the permissible timeframe be reduced to a 5-day time period and fines up to
$1,000. Discussion continued as to what ordinances show for surrounding cities.
Council member Pacheco reiterated his position that the fine of $1,000 is excessive
and would place a burden on some families, and that such restrictions are
unnecessary. Council member Rubio pointed out that violations are only cited after
three warning have been given to an offender.
A motion was made by Pacheco, seconded by Lozano, and carried (4 — 0) to
bring this item back at the next Council meeting.
AYES: Lozano, Baca, Rubio, Pacheco
NOES: None.
ABSENT: Garcia
ABSTAIN: None.
9. SECOND READING OF ORDINANCE 1386, ADDING AN ORDINANCE OF THE CITY OF
BALDWIN PARK TO SET FORTH THE IMPLEMENTATION OF DEVELOPMENTAL
IMPACT FEES FOR LAW ENFORCEMENT FACILITIES VEHICLES AND EQUIPMENT"
Staff recommends that the City Council adopt Ordinance 1386 on second reading, read by
Title only: "AN ORDINANCE OF THE CITY OF BALDWIN PARK TO SET FORTH THE
IMPLEMENTATION OF DEVELOPMENTAL IMPACT FEES FOR LAW ENFORCEMENT
FACILITIES VEHICLES AND EQUIPMENT"; and, waive any further reading thereof'
A motion was made by Lozano, seconded by Baca, and carried (4—0) to
AYES: Lozano, Baca, Rubio, Pacheco
NOES: None.
ABSENT: Garcia
ABSTAIN: None.
10. 5-YEAR CAPITAL IMPROVEMENT PROJECT (CIP) BUDGET FOR FISCAL YEAR
2016-2021
Staff evaluated the 5-year CIP program and found the projects as necessary expenditures
to maintain infrastructure and improve the City's delivery of quality services to its residents
and customers. Staff recommends that the City Council approve the 5-year CIP program
and additional appropriations for FY 2016-17.
Council member Baca requested that CEO Yauchzee or Finance Director Tam
provide clarification as to the nature of this item and expand on some of the details;
suggested that the item be held to the next meeting to allow time for Council member
Rubio and Mayor Pro Tern Garcia to more fully review the materials prior to making a
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decision.
Council member Rubio asked whether there would be an impact if this item was held
over to the next meeting so that additional evaluation could be done.
Council member Pacheco pointed out that Mayor Pro Tern Garcia's only question on
this item pertained to bill board poles; Council member Rubio stated that Mayor Pro
Tern Garcia is not present to express her concerns and that the item should be
moved if there are not issues with a delay in the decision making process.
A motion was made by Rubio, seconded by Baca, and carried (4—0)to bring this
item back at the next Council meeting.
AYES: Lozano, Baca, Rubio, Pacheco
NOES: None.
ABSENT: Garcia
ABSTAIN: None.
PUBLIC HEARING
11. REVIEW OF THE COST OF CITY FEE SERVICES BASED ON A STUDY PREPARED
BY REVENUE & COST SPECIALISTS, LLC (RCS)
Staff recommends the City Council:
1. Conduct the public hearing and receive public input.
2. Approve the proposed City Schedule of Fees and corresponding Resolution No. 2016-
147.
CEO Yauchzee provided a brief narration of the background on the study, suggested
changes made by the consultant and adjustments suggested by department heads.
Mayor Lozano opened the public hearing at 8:54 p.m. and invited those wishing to
speak in support of this item to come forward and be heard.
Seeing no others wishing to speak, Mayor Lozano invited those wishing to speak in
against this item to come forward and be heard.
Greg Tuttle, Baldwin Park business owner, voiced object to the fee increases,
particularly to the engineering fees; opined that the City should hire additional staff to
perform the work rather than passing on the fee increases to the engineering
consultant AAE; also objected to
Arturo Luna, Baldwin Park resident, opined that all staff should be fired and taxes
should be increased for all; expressed distress regarding business operations;
complained that minutes [agenda] does not provide enough information until Minutes
are transcribed; stated that he does not associate with some of the other members of
the audience.
Margarita Vargas, Baldwin Park resident, asked whether Code Enforcement fees are
included in the City Fee schedule.
Chief Executive Officer Yauchzee responded to Ms. Vargas' inquiry, stating that
Code Enforcement has fines, not fees, and that they are not included in the fee
schedule.
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Seeing no others wishing to speak on the matter, Mayor Lozano closed the Public
Hearing at 9:01 p.m.
Shannon Yauchzee responded to some of the comments made in this evening's
Public Hearing; noted that some of the referenced fees are part of the Building
Department fees.
In response to inquiry by the Mayor, Interim Public Works Director told Council
that he and the City Planner had done a survey of surrounding cities to determine
whether the fees of Baldwin Park are above, in line, or below the average. The
study showed that Baldwin Park's current permit fees are below the average of
surrounding cities.
Discussion commences and Council member Rubio expressed concern, pointing
out that there are two vacant positions in the Building and Public Works
departments; opined that the decision on this item should be held until these
positions can be filled so that revenue, up to 100% currently paid to consultants,
can be realized by the City rather than paid out at such a high percentage.
Council member Rubio suggested that the decision to approve these fee
increases should be held off until the director positions can have been filled so
that fees can be re-evaluated and any fee increases be more in line with service
provided with a full staff.
A motion was made by Council member Rubio and seconded by Council
member Baca to set aside the decisions on the suggested fee increases until the
director positions are filled and/or the Building Department is fully staffed.
Council member Pacheco inquired as to whether the addition of staff from the
consultant is necessary, based on volume and flow of work; suggested that the
City Planner review the current workload and possibly negotiate with the
consultant.
Council member Rubio suggested that continuing to utilize a consultant to cover
those vacant positions is not cost effective and is spending taxpayers' money
unwisely.
The motion ws restated; A motion was made by Council member Rubio and
seconded by Council member Baca, to set aside the decisions on the suggested
fee increases until the director positions are filled and/or the Building Department
is fully staffed.
Council member Pacheco and Mayor Lozano voice objection. Given that this
evening's attending council members was an even split (2 -2) the item was not
passed.
Council member Pacheco then made a motion to hold this item over until the
next regular meeting and direct staff to provide a more detailed information and
bring the item back at the next council meeting. Mayor Lozano seconded the
motion and Council members Rubio and Baca objected.
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City Planner Harbin provided clarification as to the revenue split with the
consultant both on regular plan checks and on expedited plan checks.
Council member Pacheco opined that staff contributes very little to the plan
checks effort in exchange for 35% of the revenue.
A motion was made by Lozano, seconded by Pacheco, to bring this item back at
the first meeting in October.
AYES: Baca, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: Garcia
ABSTAIN: None.
•
REPORTS OF OFFICERS
12. APPROVAL OF ADMINISTRATIVE POLICY NO. AP-16-031, ENTITLED "BALDWIN
PARK SOCIAL MEDIA POLICY"
Staff recommends that Council:
1. Approve Administrative Policy No. AP-16-031 with a black-out period of one (1) month
which bars any promotion of any City Official in any social media platform for one
month prior to any City election cycle; or
2. Approve Administrative Policy No. AP-16-031 with a black-out period of two (2)
months which bars any promotion of any City Official in any social media platform for
one month prior to any City election cycle; or
3. Approve Administrative Policy No. AP-16-031 as is, entitled "Baldwin Park Social
Media Policy," effective September 7, 2016; or
4. Provide staff direction.
Council member Pacheco expressed some concern regarding representation of
council members through social media which may reflect or appear to reflect
campaign activity. Following discussion, Council selected Option 2, a black-out
period of two (2) months which bars any promotion of any City Official in any
social media platform for one month prior to any City election cycle.
With that, a motion was made by Rubio, seconded by Pacheco, carried (4 — 0;
Mayor Pro Tern Garcia absent) to approve Administrative Policy No. AP-16-031
with a black-out period of two (2) months which bars any promotion of any City
Official in any social media platform for one month prior to any City election cycle
AYES: Lozano, Baca, Rubio, Pacheco
NOES: None.
ABSENT: Garcia
ABSTAIN: None.
13. CONTRACT OPTIONS FOR GRANT WRITING ACTIVITIES OF CALIFORNIA
CONSULTING, AND DEL SOL SOLUTIONS
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It is recommended that the City Council provide staff direction.
CEO Yauchzee provided a brief overview of proposed action and the supporting
background information, noting the renegotiation of compensation for each of the two
consultants.
Council member Rubio opined that the City need not pay two consultants to perform
the same service and pointed out that, at the last Regular Council Meeting, California
Consultant confirmed its ability to take on the full work load of preparing application
and administration of grants; expressed objection to contracting with two consultants
who are essentially performing the same work and the vagueness of invoices from
one of the consultants, Del Sol.
A motion was made by Council member Rubio to amend the contract with
California Consulting which will revise the scope of work to include preparation of
applications and administration of grant writing for all departments; lower the fee
to $4,900 with a $100 cap. Council member Baca seconded the motion; Council
member Pacheco and Mayor Lozano objected to the motion.
The motion was tied (2 —2; Mayor Pro Tem Garcia absent).
AYES: Lozano, Pacheco
NOES: Baca, Rubio
ABSENT: Garcia
ABSTAIN: None.
Following the vote, Council member Rubio asked Mayor Lozano orate his reason for
objection and stated that she has no preference between one or the other, she just
believes that there is no reason to have both consultants, especially since one
consultant has shown a stronger performance than the other.
Council member Pacheco pointed out that both consultants provide services but in
different areas, so they are utilized with equal quality. Noted that Del Sol has been
successful in securing a grant for Recreation and Community Services.
Council member Baca expressed her support for the views and recommendations of
Council member Rubio. While staff seems capable of doing the work in house,
California Consultant has successfully secured quality grants, yet Del Sol did not
provide any responses to questions from Council member Baca about invoices
submitted for payment.
In response to inquiry but Council member Pacheco, Recreation and Community
Director Manny Carrillo noted that Del Sol was able to secure a grant for Recreation
and Community Services and California Consulting has been working on a securing
grant funds for the Community Develop Division.
Director Carrillo responded further to questions from Council member Rubio as to
whether, in fact, staff is capable of preparing and securing grants; noted that staff is
capable but grant writing is a very time intensive undertaking and there is a certain
amount of expertise needed to be successful.
In response to Council member Rubio's question and her inferences as to the
connection between the two, Mayor Lozano stated that these are two different
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companies with different approaches to writing grants and that he recommends that
the evaluation of both firms should continue another three months to get a fair
assessment between the two.
Council member Rubio pointed out that the owner of Del Sol is actually a former
employee of California Consultants and, while his has taken the knowledge from his
previous employer, he does not have the experience to be effective for the City.
Prior to hearing the motion by Mayor Lozano, Council member Baca asked that Del
Sol's invoices be held from payment until a presentation can be made that provides
qualifications, projects completed, and an explanation of worked performed for the
City.
Mayor Lozano made a comparison between Del Sol and the Berkshire contract
which, he opined, brought no value to the City to which Council member Baca
responded.
Council member Rubio pointed out that Council's discussion is moving off point on
items that are not agendized.
Since the discussion had expanded repeatedly to subjects not appearing on the
evening's agenda, Mayor Lozano stated that the item would be held over.
14. PARLIAMENTARY PROCEDURE RULES TO BE CONSIDERED BY THE CITY
COUNCIL
Staff recommends that the City Council select form one of the following options:
1. Adopt Robert's Rules of Order as the official parliamentary procedures for all City
Council meetings;
2. Adopt Rosenberg's Rules of Order as the official parliamentary procedures for all City
Council meetings;
3. Direct the City Attorney to look for additional rules or draft a set of rules to use as the
official parliamentary procedure rules for the City of Baldwin Park.
Council member Pacheco asked that this item be held until some questions are
answered by the City Attorney.
A motion was made by Council member Pacheco, seconded by Mayor Lozano,
to bring this item back at the first meeting until questions can be answered by the
City Attorney. Council member Baca and Rubio voiced objection.
Council member Baca pointed out that Robert's Rules of Order are the standard
used by the Cities and municipalities and that Rosenberg's Rules of Order are
simply an update to Robert's Rules of Order.
A substitute motion was made by Council member Rubio, seconded by Council
member Baca, to adopt the Robert's Rules of Order so that Council meetings are
conducted in an orderly fashion since Council does not currently follow a
particular parliamentary procedure.
Page 13 of 16
Deputy City Attorney David Olivas confirmed that the City Council has not adopted a
formal set of parliamentary rules, however Council does generally follow the State's
rules of order.
Council member Baca requested that rules be adopted because meetings have been
running amok. Mayor Lozano objected to the assertion and stated that Council
follows the rules of the State Constitution.
Council member Baca confirmed with the Deputy City Attorney David Olivas that the
City is currently not conducting business under Robert's Rules of Order. Attorney
Olivas confirmed this to be true and also pointed out that that there are state laws
that apply to all governing bodies which must be followed and the City has been
conducting business under those rules.
Mayor Lozano reiterated that the City Council meetings are conducted under the
rules defined in California State law.
A motion was made by Mayor Lozano, seconded by Council member Pacheco,
to move this item to a future meeting. Council member Rubio voiced objection.
Mayor Lozano directed the City Treasurer to conduct a vote by roll call. The vote
tied at (2 —2; Mayor Pro Tem Garcia absent) and, with a tie vote, this item will be
brought back at the first meeting in October.
AYES: Lozano, Pacheco
NOES: Baca, Rubio
ABSENT: Garcia
ABSTAIN: None.
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATIONS
Request for Consideration by Mayor Manuel Lozano:
• Mayor Lozano would like to ask for an investigation into the invoices and contracts
identified by Council member Rubio at the last City Council meeting. Mayor Lozano
would like to have a written report regarding the findings.
Mayor Lozano requested that the Chief Executive Officer perform an investigation, in particular
the Bike Path and the Vector Control, and bring back a report to Council.
A motion was made by Lozano, seconded by Pacheco, and carried (4 — 0;
Council member Garcia absent)
AYES: Baca, Lozano, Pacheco, Rubio
NOES: None
ABSENT: Garcia
ABSTAIN: None
Request for Consideration by Council member Cruz Baca:
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• Council member Baca is requesting an investigation into the invoices and contracts
identified by Council member Rubio at a previous City Council meeting per Mayor
Lozano's suggestion on August 17.
Council member Baca asked that the investigation be expanded to include the consultants and
the invoices for the engineering contracts, which include Advanced Engineering (AAE) and
Infrastructure Engineering.
Council member Pacheco asked Council member Baca to clarify what she means when she is
requesting that the investigation be expanded and which invoices she wants investigated and
how far back she wants invoices pulled.
Council member Baca asked that materials be investigated from January 2016 to current. She
wants the invoices to be audited to determine whether staff is duplicating the work performed by
the consultant.
Council member Rubio asked that invoice clarification also be requested because invoices from
the consultants is too general and brief to determine what work was actually performed,
clarifying the purpose of various matters that were billed.
Council member Baca requested that an outside auditor be brought in to perform and audit on
the invoices in question, to which Council member Pacheco objected, pointing out that it will
cost additional money to have a third party review the invoices when staff is capable.
Council member Pacheco also asked for clarification as to what exactly Council member Baca
wanted as an end product. Council member Baca noted that Mayor Pro Tem Garcia had stated
that she had met with the consultants on more than one occasion. She further clarified that she
wishes for consultants to produce a report and bring the reports to Council for examination.
Discussion continued as Council members Pacheco and Baca pertaining to what exactly is
expected to be provided to Council by the consultants.
A motion was made by Baca, seconded by Pacheco, and carried (4 —0; Mayor Pro Tern Garcia
absent) to direct Advanced Applied Engineering, Infrastructure Engineers, Del Sol and AAE to
provide reports to Council that justifies, line by line, each of the billed hours to the City.
AYES: Baca, Lozano, Pacheco, Rubio
NOES: None
ABSENT: Garcia
ABSTAIN: None
• Council member Baca requests that staff begiven direction to investigate the invoices of
q 9
AIMS and Del Sol Consulting and freeze any payments to them until this is complete.
Page 15 of 16
This item was combined with discussed above.
Request for Consideration by Council member Susan Rubio:
• Council member Rubio is requesting consideration to direct staff not to allow projects to
move forward unless a contract has been signed and approved with date to proceed.
And to direct staff not to pay any invoices in advance and ensure invoices include a
summary of the services rendered.
Council member Rubio recapped the last Council meeting at which discussion included the fact
that work had been performed by prior to the actual execution of a contract. She is seeking an
explanation, as to why this practice is occurring and requested that all invoices be held from
payment until executed contracts are in place; opined that she is uncomfortable with this
practice and reiterated her position of reducing the contract approval threshold.
Council member Pacheco asked that CEO Yauchzee to how many contracts have been passed
before Council, the work performed and the contractor paid. CEO Yauchzee briefly explained
state statute and the current contract practices as it dictated by each of the contract threshold.
• Council member Rubio request and consideration to include the final report in council
packet when projects are completed.
Council member Rubio asked that the Interim Director of Public Works provide a report in the
Council packets when projects [task orders] have been completed (in addition to the Notice of
Completions which appears on the Regular Council Meeting Agendas).
Council member Rubio reminded everyone of the upcoming 5K Run and encouraged everyone to
come out and support the Police Department.
Council member Baca asked that the Police Department to address problems in the community
with vandalizing and stealing mail from mail boxes, both residential and commercial.
ADJOURNMENT
There being no other business to discuss, and all other matters having been addressed, a
motion was made by Mayor Lozano, seconded by Council member Pacheco, to adjourn the
Regular meeting at 10:13 p.m.
Mayor
ATTEST: A 1 �
l ( Manuel Loz. - •, Mayor
/40
Alejandra A,ila, City Clerk
APPROVED: t (b11
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