HomeMy WebLinkAbout2016 08 03 CC MIN MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
AUGUST 3, 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 7:15 p.m.
INVOCATION
The invocation was provided by Pastor Jackson.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Lozano.
ROLL CALL
MEMBERS PRESENT:
Council Member Ricardo Pacheco
Council Member Monica Garcia
Council Member Susan Rubio
Mayor Pro Tem Cruz Baca
Mayor Manuel Lozano
REPORT ON CLOSED SESSION
Mayor Lozano reported that, by a vote of 5-0, Council approved a merit increase for Chief
Executive Officer Shannon Yauchzee to include an annual salary increase of 8% and
establishment of a "Post Employment Health Plan" to be funded by the employee only.
A motion was made by Mayor Lozano, seconded by Councilmember Rubio, and carried (5—0)
to adjourn the Special Meeting of August 3, 2016.
ANNOUNCEMENTS
Mayor Lozano asked that this evening's meeting be closed in memory of Mrs. Stella Breceda,
mother of Irwindale Mayor Mark Breceda, who passed away at the age of 86; extended
condolences to Mayor Breceda and his family.
Councilmember Rubio requested that the meeting also be closed in memory of Gloria
Bocanegra, who passed recently after a long battle with cancer; noted that she was a long time
Baldwin Park resident; extended condolences to her five children and extended family.
Councilmember Baca requested that the meeting be closed in memory of Mrs. Joyce Gamble
who recently passed at the age of 86; noted that Mrs. Gamble had been a resident of Baldwin
Park since 1957 and was very involved in local youth groups; extended consoling thoughts and
prayers be extended to her family.
City Treasurer Contreras announced that Monday, August 8th is Councilmember Cruz Baca's
birthday and wished her a Happy Birthday.
Councilmember Rubio also announced that it was City Attorney Robert Tafoya's birthday, and
that his wife was present to surprise him for their 25th Wedding Anniversary this same day.
Mayor Pro Tern Garcia expressed sadness at hearing of Mrs. Gamble's passing; asked that
Council be mindful of time management and using the time here wisely so that business moves
quickly and efficiently in the interest of concluding the meeting at a reasonable hour.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
None.
PUBLIC COMMUNICATIONS
Mayor Lozano opened Public Communications at 7:24 p.m. and noted that each speaker is
permitted a total of three (3) minutes to speak.
Christine Amagana, Baldwin Park resident, expressed her need for assistance with affordable
housing; noted that she had applied for the ROEM Metro Village apartments through the
Housing Authority but was not selected; explained that she and her children are still in need of
affordable housing and asked that someone reach out to her with assistance.
Al Contreras, Baldwin Park resident, commented on the passing of Mrs. Gamble; commented
on Agenda Item Nos. 6 (Walnut Creek Nature Park Improvements— Phase II) and 7 (MTD 1854
Corak Storm Drain Improvements) noting that he hopes there were several bids submitted on
each project; also commented on Agenda Item No. 10, stating that he supports the effort but
does not want to see trees being planted and then not watered enough; expressed concern that
trees will not get enough water and will drop leaves and branches.
Juan Rios, Baldwin Park resident, commented on pay raises for Council; compared Baldwin
Park's business conduct with that of City of Bell and South El Monte; reminded Council that the
community is watching; alleged that Council is doing something wrong on private time.
Arturo Luna, Baldwin Park resident, asserted that the City spends money like it grows on trees;
complained about spending taxpayer money; alleges that Council looks for ways to increase
taxes; commented on the purchase of CalTrans property; commented on tax levying.
Greg Tuttle, Baldwin Park business owner, asked whether a report on the distribution of funds
using the Business Improvement Tax funds would be provided this evening; accused Director
Carrillo of lying about the public meetings held regarding annexation to the Vector Control
District; commented on a letter he presented regarding accusations of verbal abuse by one
councilmember against another; referred to municipal code that requires action be taken and
alleged that the Police Chief has done nothing; requested that a formal investigation be
conducted; stated that he is not a political manager but is a political activist.
Margarita Vargas, Baldwin Park resident, complained about trash cans being left out on non-
trash collection days and that large items such a mattresses or sofas are being left on the street
but are not picked up by Waste Management; asked that City issue citations to violators and/or
property owners.
Jesus, Baldwin Park resident, expressed concern regarding the crosswalk at Francisquito and
Sierra Vista, noting that it is hazardous and that the medians are not clearly marked; stated that
vehicles are cutting the turn, thereby hitting the islands and causing damage to vehicles
Seeing no others wishing to speak, Public Communications closed at 7:49 p.m.
Mayor Lozano stated that he would refer this evening's speakers to the appropriate City staff
members to assist with resolving issues that have not been thus far.
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CONSENT CALENDAR
Councilmembers requested that Item Nos. 2, 6, 7, 8, 9, 10 and 11 be taken separately for
discussion.
1. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands Register.
A motion was made by Lozano, seconded by Baca, and carried (5—0) to ratify
the Warrants and Demands Register.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
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:
Al-Mashat, Ali - Claimant he drove over the railroad crossing at 14446 Pacific Avenue,
Baldwin Park, encountering rebar sticking from the tracks which resulted in
property damage to his vehicle's suspension, tire and rim.
Councilmember Baca asked for clarification on the nature of the rejection.
Chief Executive Officer Shannon Yauchzee explained that the property on which the
damage occurred is not owned by the City but, in fact, is Metrolink property.
A motion was made by Lozano, seconded by Pacheco, and carried (5—0) to
reject the claim listed on the Staff Report and direct staff to send the appropriate
notice of rejection to claimants.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
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 Special Adjourned City Council Meeting held on June 20, 2016.
B. Meeting Minutes of the Special City Council Meeting, and the Finance and Housing
Authority Meetings, held on July 20, 2016.
A motion was made byLozano, seconded byBaca, and carried (5—0) to receive
and file the minutes.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
Page 3 of 21
4. ADOPT RESOLUTION NO. 2016-138 SETTING THE APPROPRIATIONS LIMIT FOR
THE FISCAL YEAR 2016-2017
Staff recommends that Council approve and adopt Resolution No. 2016-138, entitled "A
Resolution of the City Council of the City of Baldwin Park Setting the Appropriations Limit
for the Fiscal Year 2016-17."
A motion was made by Lozano, seconded by Baca, and carried (5—0) to
approve and adopt Resolution No. 2016-138, entitled "A Resolution of the City
Council of the City of Baldwin Park Setting the Appropriations Limit for the Fiscal
Year 2016-17."
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
5. APPROVAL OF ANNUAL STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR
2016-2017
Staff recommends that Council receive and file the Annual Statement of Investment Policy
for Fiscal Year 2016-17.
A motion was made by Lozano, seconded by Baca, and carried (5—0) to receive
and file the Annual Statement of Investment Policy for Fiscal Year 2016-17.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
6. AWARD OF BID - CITY PROJECT NO. 2016-0151 -WALNUT CREEK NATURE PARK
IMPROVEMENTS - PHASE II
Staff recommends that Council approve and award the contract to Lucas Builders, Inc., in
the amount of $754,854, including Bid Alternates 1 through 3 in the amount of $126,750,
and authorize the Mayor to execute the contract for City Project No. 2016-0151 - Walnut
Creek Nature Park Improvements - Phase II.
Mayor Pro Tern Garcia expressed appreciation to staff for all their hard work and for
the work of the outside partners that have worked on the design work; also thanked
L.A. County Supervisor Hilda Solic for her support of this project.
Councilmember Rubio asked for clarification about the phases of the project and
inquired about the securing funding for the next phase; asked Community and
Recreation Services Director Manny Carrillo about grants being sought and what the
scope of work would be for Phase III.
Director Carrillo stated that grant funding is currently being pursued but deferred to
Interim Public Works Director Sam Gutierrez to provide a description of the work to be
performed during Phase III.
Interim Director Gutierrez provided a brief description of the work, including the parking
lot, enhancement to the security system, irrigation system and concrete path, and
additional planting of trees and ground plants.
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A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to
approve and award the contract to Lucas Builders, Inc., in the amount of
$754,854, including Bid Alternates 1 through 3 in the amount of $126,750, and
authorize the Mayor to execute the contract for City Project No. 2016-0151 -
Walnut Creek Nature Park Improvements - Phase II.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
7. AWARD OF BID - CITY PROJECT NO. 2016-0152 - MTD 1854 CORAK STORM DRAIN
IMPROVEMENTS
Staff recommends that Council approve and award the contract to Wright Construction
Engineering Corp. in the amount of $822,265, and authorize the Mayor to execute the
contract for City Project No. 2016-0152 - MTD 1854 Corak Storm Drain Improvements.
Councilmember Rubio asked the Interim Public Works Director Gutierrez provide a
brief overview of the project so that discussion would be relevant.
Interim Director Gutierrez explained that the project primarily addresses drainage
improvements to alleviate flooding at Francisquito and Ramona; storm drains will be
installed along Corak, Francisquito and Earl, and connecting all to an existing L.A.
County storm drain.
Councilmember Rubio noted that the City shares jurisdiction in this area with Irwindale
and asked whether discussions have been held with them to approach cost sharing
and right of way issues.
Interim Director Gutierrez stated that the project cost was bid within budget and the
City is capable of funding the entire project if need be; stated that staff has met with
Irwindale regarding the project and those meetings have gone well so far but nothing
has been finalized thus far.
Councilmember Rubio offer assistance should Irwindale show any resistance to
providing assistance with letting this project move forward.
A motion was made by Garcia, seconded by Pacheco, and carried (5 — 0) to
approve and award the contract to Wright Construction Engineering Corp. in the
amount of $822,265, and authorize the Mayor to execute the contract for City
Project No. 2016-0152 - MTD 1854 Corak Storm Drain Improvements.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
8. WAIVE FORMAL BID PROCEDURES FOR THE PURCHASE OF JANITORIAL
SUPPLIES THROUGH THE NATIONAL INTERGOVERNMENTAL PURCHASING
ALLIANCE
Staff recommends that Council:
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a) Find that it would be uneconomical to follow purchasing procedures since the
supplies are available through the existing contract with the State and the State
previously completed the bidding process; and
b) Find that the welfare of the public therefore would be promoted by dispensing with
the purchasing procedures as allowed in the City's Purchasing Ordinance Chapter
34, Section 37(A); and
c) Approve the procurement of janitorial supplies from Waxie Sanitary Supply; and
d) Authorize the Recreation and Community Services Director to award the contract on
a yearly basis, but not to exceed three (3) years, as long as the vendor continues to
offer State pricing; and
e) Authorize the Recreation and Community Services Director to expend $30,000 from
Account 100-60-620-531000-00000-2 and $30,000 from 252-60-620-53100-00000-2
for a total of$60,000.
Councilmember Rubio wanted to clarify, in the interest of transparency, that the
bidding process is being waived because there is a significant cost saving in using the
National Intergovernmental Purchasing Alliance contract which provides better prices
through in-mass buying power.
A motion was made by Rubio, seconded by Baca, and carried (5—0)to:
a) Find that it would be uneconomical to follow purchasing procedures since the
supplies are available through the existing contract with the State and the
State previously completed the bidding process; and
b) Find that the welfare of the public therefore would be promoted by dispensing
with the purchasing procedures as allowed in the City's Purchasing
Ordinance Chapter 34, Section 37(A); and
c) Approve the procurement of janitorial supplies from Waxie Sanitary Supply;
and
d) Authorize the Recreation and Community Services Director to award the
contract on a yearly basis, but not to exceed three (3) years, as long as the
vendor continues to offer State pricing; and
e) Authorize the Recreation and Community Services Director to expend
$30,000 from Account 100-60-620-531000-00000-2 and $30,000 from 252-
60-620-53100-00000-2 for a total of$60,000.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
Page 6 of 21
9. ADOPT RESOLUTION NO. 2016-139 APPROVING THE APPLICATION FOR YOUTH
SOCCER GRANT FUNDS AND APPROVAL OF THE CONCEPTUAL DESIGN FOR THE
CONSTRUCTION OF A COMMUNITY PARK AT OLIVE MIDDLE SCHOOL
Staff recommends that Council:
a) Approve and adopt Resolution No. 2016-139, entitled "A Resolution of the City
Council of the City Baldwin Park Approving the Application for Youth Soccer and
Recreation Development Programs Grant Funds" and approve participation in the
Proposition 40 "California Clean Water, Clean Air, Safe Neighborhood Parks and
Coastal Protection Act of 2002;" and
b) Approve the conceptual design for the community park project.
Councilmember Baca expressed concern regarding this project and read a
prepared statement that was provided to her by School Board Member Christina
Lucero:
"Please share my concerns with the fact that the City will be spending money for
plans for a property that the City does not own nor do they know if it's going to be
approved by the Board of Education. Especially since the first time it is going to be
presented is on Tuesday."
Councilmember Baca voiced her shared concern with moving forward on this item,
noting that spending money on this would be premature and asking that this item
be continued to a meeting in September so that the School Board can consider the
item prior to Council consideration.
Councilmember Pacheco proposed that moving the item forward and presenting
the School Board with a complete and approved project.
Recreation Director Carrillo interjected that the item being presented to Council at
this time is for approval of a Resolution that would allow staff to pursue grant
funding and preparation of conceptual designs only. The deadline to apply for the
grant is the first of November so he wanted to put together a package that would
provide a visual concept for the School Board in order to facilitate the approval.
In response to Mayor Pro Tem Garcia's suggestion that an alternate site be
considered should the School District does not approve the project, Director
Carrillo pointed out that applicants who collaborate with schools and other
agencies receive more favorable consideration of grant funding. This, in coupled
with Baldwin Park's being classification as being "park poor" increases the chances
of being awarded grant funds.
Councilmember Rubio asked for clarification as to whether the grant funding was
related to Prop 40 or Prop 84 (open space or joint use); asked whether an
additional grant application could be prepared and submitted for the park plaza
project since it is a shovel ready project, the land has already been identified and it
has been identified as a priority project by the community.
Director Carrillo confirmed that submission of a grant application for the park plaza
would also be possible with the approval of a resolution to that effect, if that serves
Council's desires.
A motion was made by Pacheco, seconded by Garcia. When the Mayor called
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for any objections, Councilmember Rubio voiced objection as she still had
questions.
At the Mayor's direction, Treasurer Contreras took a Roll Call vote for a final
determination on this motion.
Discussion ensued as to whether the call for motion and vote were in order. The
City Attorney confirmed that there was a motion and a second, and the call for the
question.
The Mayor again directed Treasurer Contreras to take a Roll Call vote for a final
determination on this motion. The roll call vote resulted in the following:
AYES: Garcia, Lozano, Pacheco
NOES: Baca, Rubio.
ABSENT: None.
ABSTAIN: None.
A motion was made by Pacheco, seconded by Garcia, and carried (3 — 2;
Councilmembers Baca and Rubio voting No) to Approve and adopt Resolution
No. 2016-139, entitled "A Resolution of the City Council of the City Baldwin Park
Approving the Application for Youth Soccer and Recreation Development
Programs Grant Funds" and approve participation in the Proposition 40
"California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal
Protection Act of 2002;" and approve the conceptual design for the community
park project.
10. ADOPTION OF RESOLUTION NO. 2016-140, A RESOLUTION OF THE CITY OF
BALDWIN PARK APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR FIRST
SUPERVISORIAL DISTRICT EXCESS FUNDS FOR TREE PLANTING GRANT
PROGRAM AND APPROVES THE ADOPTION OF A YOUTH EMPLOYMENT PLAN.
Staff recommends that Council approve and adopt Resolution No. 2016-140, entitled "A
Resolution of the City of Baldwin Park Approving the Application for Grant Funds from the
Los Angeles County Regional Park and Open Space District for First Supervisorial District
Excess Funds for Tree Planting Grant Program and Approves the Adoption of a Youth
Employment Plan."
Councilmember Baca asked whether the Conservation Corp. Youth Employment
Plan would be used to retain some of the laborers for this project, noting that the City
has had very good experiences with this program.
Interim Director of Public Works Sam Gutierrez assured Councilmember Baca that
the City will be approaching the Conservation Corp to pursue a working partnership
with them.
Councilmember Rubio directed staff to send a thank you note to L.A. County
Supervisor Hilda Solis for facilitating this grant and the project.
A motion was made by Baca, seconded by Garcia, and carried (5—0) to approve
and adopt Resolution No. 2016-140, entitled "A Resolution of the City of Baldwin
Park Approving the Application for Grant Funds from the Los Angeles County
Regional Park and Open Space District for First Supervisorial District Excess
Funds for Tree Planting Grant Program and Approves the Adoption of a Youth
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Employment Plan."
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
11. APPROVAL OF AN AGREEMENT WITH CHRISTIANSEN AMUSEMENTS FOR
CARNIVAL SERVICES
Staff recommends that Council approve the Agreement with Christiansen Amusements
and authorize the Mayor to execute the Agreement and any related documents.
Councilmember Rubio wanted to bring to Council's attention that, in this case, the
City will be realizing revenue from the event and that the funds would be used for
various family and child assistance programs.
A motion was made by Rubio, seconded by Baca, and carried (5 —0) to approve
the Agreement with Christiansen Amusements and authorize the Mayor to
execute the Agreement and any related documents.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
12. APPROVE AND ADOPT RESOLUTION NO. 2016-142 FOR THE PURCHASE OF
THREE CALTRANS PROPERTIES
Staff recommends that Council approve the purchase of the Properties for the stated
amount of$375,000 and the tender down payment of$37,500 from the FDF. Staff further
recommends that Council perform the following:
a) Approve Resolution No. 2016-142, entitled"A Resolution of the City Council of the
City of Baldwin Park Authorizing the Purchase of the CalTrans Owned Properties
13057 — 13065 Garvey Avenue as CalTrans Parcel Numbers 79149-01-01, 79150-
01-01 and 79536-01-01 to Further the Development of Affordable Housing
Opportunities in the City of Baldwin Park and Authorizing the City Manager to
Execute Documents Relating to Same;"
b) Approve the Purchase and Sale Agreement; and
c) Authorize the Chief Executive Officer and the City Attorney to carry out all
subsequent and needed action to complete the purchase of the Properties.
A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to
approve the purchase of the Properties for the stated amount of $375,000 and
the tender down payment of $37,500 from the FDF. Staff further recommends
that Council perform the following:
a) Approve Resolution No. 2016-142, entitled "A Resolution of the City Council
of the City of Baldwin Park Authorizing the Purchase of the CalTrans
Owned Properties 13057— 13065 Garvey Avenue as CalTrans Parcel
Numbers 79149-01-01, 79150-01-01 and 79536-01-01 to Further the
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Development of Affordable Housing Opportunities in the City of Baldwin
Park and Authorizing the City Manager to Execute Documents Relating to
Same;"
b) Approve the Purchase and Sale Agreement; and
c) Authorize the Chief Executive Officer and the City Attorney to carry out all
subsequent and needed action to complete the purchase of the Properties.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
PUBLIC HEARING
13. CONDUCT A PUBLIC HEARING TO CONSIDER A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK CONFIRMING THE ADVISORY
BOARD'S REPORT AND LEVYING THE ASSESSMENT IN THE BALDWIN PARK
CITYWIDE ASSESSMENT BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR
2016-17
Staff recommends that Council conduct a Public Hearing and, following the public hearing,
approve the FY 2016-2017 Business Improvement Allocation Budget, then waive further
reading, read by title only, and adopt Resolution No. 2016-125, entitled "A Resolution of
the City Council of the City of Baldwin Park, Confirming the Advisory Board's Report and
Levying the Assessment in the Baldwin Park Citywide Business Improvement District for
Fiscal Year 2016-2017."
Mayor Lozano declared the Public Hearing Open at 8:28 p.m. and invited those
wishing to speak in support of the project.
Seeing no one wishing to speak in support, Mayor Lozano invited those wishing to
speak against the item to come forward.
Art Luna, Baldwin Park resident, commented on the levying of taxes and the burden it
places on the residents of Baldwin Park; alleged that certain councilmembers are
misusing city tax dollars.
Danny Damien, Baldwin Park resident, asked about a report that had been previously
promised to those who requested it; orated several changes in funding allocations in
various accounts and asked about those changes; inquired as to where the funds from
the Business Improvement levy is being spent; asked why there are not any business
owners represented on the Business Improvement Committee.
Greg Tuttle, Baldwin Park business owner, inquired about the boundaries of the
business improvement district and noted that he is paying the levy on his business
license despite his not being within the district; pointed to various events that are
funded by the Business Improvement tax yet they do not provide any value to
businesses.
Seeing no others wishing to speak on the matter, Mayor Lozano closed the Public
Hearing at 8:37 p.m.
Page 10 of 21
Councilmember Baca inquired as to where (in financial reporting or budgeting) the
revenue realized by the advertisements in the Baldwin Park NOW is recorded and how
it is accounted for.
Recreation and Community Services Director Manny Carrillo stated that much of the
revenue funds received for various programs or activities is used to offset the cost to
the City; he then deferred to Finance Director Rose Tam to provide a more accurate
explanation.
Finance Director Tam stated that the funds received as revenue for publication of
advertisement in the Baldwin Park NOW is deposited into a designated account and is
used to offset the cost of printing and related expenses.
Councilmember Baca then asked about the Certified Farmer's Market and the
expenditures associated with this program; asked about a services associated with
various events and how funding is identified.
Councilmember Baca asked that the ordinance be brought before Council in a Study
Session for review and possibly revised the ordinance; Councilmember Rubio and
Councilmember Baca both suggested that members of the business community be
included so as to provide input when reviewing and revising the ordinance, particularly
as it relates to the use of this tax.
A motion was made by Pacheco, seconded by Garcia. When the Mayor called for
any objections, Councilmembers Baca and Rubio voiced objection.
At the Mayor's direction, Treasurer Contreras took a Roll Call vote for a final
determination on this motion. The roll call vote resulted in the following:
AYES: Lozano, Garcia, Pacheco
NOES: Baca, Rubio
ABSENT: None.
ABSTAIN: None.
A motion was made by Pacheco, seconded by Garcia, carried (3-2;
Councilmembers Baca and Rubio voting no) to approve the FY 2016-2017
Business Improvement Allocation Budget, then waive further reading, read by
title only, and adopt Resolution No. 2016-125, entitled "A Resolution of the City
Council of the City of Baldwin Park, Confirming the Advisory Board's Report and
Levying the Assessment in the Baldwin Park Citywide Business Improvement
District for Fiscal Year 2016-2017."
Following the conclusion of the vote, Councilmember Pacheco pointed to several of the
services and activities that directly benefit the businesses.
Councilmember Baca directed that the CEO look into the ordinance that exists for the
Business Improvement tax, noting that it has not been reviewed in 30 years; also noted that
the Noise ordinance needs to be reviewed and asked that any ordinances that have not
been reviewed in the past 10 years should be considered for revision to reflect the current
community needs.
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REPORTS OF OFFICERS
14. SIX MONTH UPDATE ON GRANT WRITING ACTIVITIES FROM CALIFORNIA
CONSULTING AND DEL SOL SOLUTIONS
Staff recommends that Council review and receive the report, and provide direction to
staff.
CEO Yauchzee referred Council to the staff report and attachments included with the
agenda packet and stated that representatives from each of the consultant companies
are present in order to provide information and answer any questions Council may have.
Steve Samuelian, owner of California Consulting (CC), and David Marquez, Grant
Writer, provided a written report and summarized the content of the report; identified
staff members that have been working with the City and pointed to specific grants and
dollar amounts that CC has applied for on behalf of the City.
Mr. Samuelian also recited some additional grants that have been sought on behalf of
the Public Works Department and the Housing and Economic Development
departments. He noted that his staff works very hard to make sure the grants match the
needs of the City and that quality, rather than quantity, is the priority.
Councilmember Rubio commented that CC is currently working with two departments
within the City; she inquired about the additional costs should the City choose to have
CC work with additional departments.
Mr. Samuelian confirmed that CC is fully staffed and could take on the additional work;
commented that an increase in the contract would be necessary but that it would not be
a dramatic increase and he would be willing to meeting the CEO Yauchzee to negotiate
any additional fees.
Councilmember Baca asked that Mr. Marquez elaborate on what CC is working on as it
relates to the Metro Village project as she is unclear about current and previous grant
fund requests. Mr. Marquez began explaining when Director Carrillo noted that the
current grant fund requests are for Phase II of the project. With that, Councilmember
Baca was satisfied and thanked Mr. Marquez.
Councilmember Pacheco asked what the average length of time, start to finish, it takes
to successfully obtain a grant. Mr. Samuelian explained that it depends on the nature of
the grant and the agency, noting that 2 months is the best case scenario, the average is
6 months but also stating that some grants can take up to a year. Councilmember
Pacheco asked that the consultant provide an estimated completion with each grant
update report provided.
Mr. Solano, representing Del Sol, narrated the report provided to Council and highlighted
the grant funds that have been or are currently being worked on.
Mr. Solano sought approval from Council to negotiate with staff the restructuring of the
contract from a monthly retainer to a project-by-project or hourly rate. He felt that this
would be a more efficient and cost effective manner in which to perform this contract.
Councilmember Pacheco asked Mr. Solano for clarification on some grant projects that
had previously been worked on. Councilmember Pacheco asked that Del Sol also
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provide estimated time of completion for the grants identified in their reports.
A motion was made by Pacheco, seconded by Garcia. When the Mayor called for
any objections, Councilmember Rubio voiced objection, stating that discussion had
not yet been concluded.
At the Mayor's direction, Treasurer Contreras took a Roll Call vote for a final
determination on this motion. The roll call vote resulted in the following:
AYES: Lozano, Garcia, Pacheco
NOES: Baca, Rubio
ABSENT: None.
ABSTAIN: None.
Councilmember Rubio voiced her objection to the motion and stated for the record "I
believe this is to be absolutely inappropriate. We are paying for consultants, and as
council members we're not given the opportunity to ask questions. How do we make
informed decisions if we haven't had a chance to ask questions? How do you make an
informed decision if you don't have all the information for us to be spending taxpayer
money? I just don't get that, so I really have to strongly state my objection that this is not
about not going forward with the contract, this is about having answers. I would like the
opportunity to ask questions if we're spending taxpayer money and the answer to that is
no— I object."
A motion was made by Pacheco, seconded by Garcia, and carried (3-2;
Councilmembers Baca and Rubio voting no) to direct staff to renegotiate contracts
with both consultants and return again with reports to Council.
Councilmember Baca expressed concern regarding previous invoices submitted from
Del Sol and recited some of the entries from invoices previously submitted by Del Sol.
Pointed out that some invoices seemed inconsistent, seemed excessive, changed from
lump sum to hourly, and were in need of clarification and justification for the invoice
entries and charges; pointed out that there is no evidence that Del Sol has shown any
results for the work being billed for.
A motion was made by Pacheco, seconded by Garcia, to direct staff to meet with
both consultants to review invoices and report back to Council.
Mayor Lozano gave direction to City Treasurer Contreras to take a Roll Call vote,
however, Councilmember Rubio objected, stating that the item was still on the table for
discussion and she had additional questions.
Mayor Lozano conferred with City Attorney Tafoya, who informed Council that there was
a previous motion and discussion was suspended. Following the vote, discussion
continued. That discussion must be completed before any other motion or action can be
taken.
Councilmember Baca reiterated her questions as to Mr. Solano's explanation of the
services and justification of charges billed to the City. Councilmember Baca further
asked that Mr. Solano prepare a report and bring it back before Council.
Councilmember Rubio pointed out that, during review of performance and invoices of the
two consultants, she found that there were several places where duplicate work was
Page 13 of 21
being performed. She pointed out that this is not in the best interest of taxpayers, nor is
it cost effective for staff to have to meeting with two different consultants that are
essentially working on the same grant.
Councilmember Rubio asked that Council consider shifting all work to California
Consulting, since they have shown strong performance and they confirmed that they
have the ability to take on the additional work.
A motion was made by Rubio, seconded by Baca, to suspend all negotiations with
Del Sol to allow time to further review of the contract and invoicing, and transfer all
current and upcoming projects to California Consulting until the review of Del Sol is
concluded. Councilmember Pacheco voiced objection.
At the Mayor's direction, Treasurer Contreras took a Roll Call vote for a final
determination on this motion. The roll call vote resulted in the following:
AYES: Baca, Rubio
NOES: Lozano, Garcia, Pacheco
ABSENT: None.
ABSTAIN: None.
The motion failed with a vote of(2—3) with Mayor Lozano, Mayor Pro Tem Garcia
and Councilmember Pacheco voting no.
Mayor Pro Tem Garcia asked for clarification and reiterated that the motion that
was just passed is to renegotiate contracts and that the proposal by Del Sol to
renegotiate the contract at an hourly rate rather than a flat monthly would like be
acceptable.
Councilmember Pacheco requested that, given the allegations, the consultants,
staff and Councilmembers Baca and Rubio sit down and review the invoices in
question to answer any questions that may be outstanding and to clarify any
questions that exist.
Councilmember Baca made a motion to direct that Del Sol appear at the Council
Meeting of August 21, 2016, with a report that provides detailed justification for
services billed to the City.
Mayor Pro Tern Garcia amended the motion to include the direction that the
renegotiated contract be brought back before Council at that same meeting.
Councilmember Rubio briefly clarified that her previous comments were not
allegations but were, in fact, true but that the invoices she audited were not those
of California Consulting or Del Sol.
Councilmember Baca noted for the record, to those listening to the audio, that the
referenced invoices and all other invoices are a matter of public record and can be
requested for review.
A motion was made by Garcia, seconded by Baca, and carried (5—0) to direct that
Del Sol appear at the Council Meeting of August 21, 2016, with a report that
provides detailed justification for services billed to the City, that staff will bring back
a renegotiated contract with Del Sol, and that staff will fully vet all future invoices
Page 14 of 21
prior to payment to consultants so that Council will not see these kinds of issues in
the future.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
15. CONSIDER THE RATE ADJUSTMENT REQUEST FOR SOLID WASTE FEES DUE TO
CPI INCREASE, MANDATED RECYCLING AND QUARANTINE SURCHARGES, AND
ADOPT RESOLUTION NO. 2016-141 APPROVING THE RATE ADJUSTMENTS
Staff recommends that Council give staff direction based on the Study Session as staff
cannot make a recommendation at this time since adequate information was not provided
prior to the agenda posting.
Waste Management subsequently provided details of the Rate Adjustment Request for
Solid Waste Fees to include:
1. An annual rate increase equal to the percentage increase in the Consumer Price
Index (Garbage and Trach Collection, U.S. City Average, published by the United
States Department of Labor, Bureau of Labor Statistics);
2. The establishment of new rates for commercial businesses that are now required
to recycle organics per California State Assembly Bill 1826 (AB 1826); and
3. A surcharge of$0.81/month/home to offset additional costs incurred by Waste
Management to properly handle green waste generated within an area of the City
inside a California Department of Food and Agriculture (CDFA) quarantine that
restricts the movement and requires specific handling of green material to prevent
the spread of Huanglongbing disease.
Waste Management later amended the request to approve only items 1 and 2. Item 3,
the CDFA quarantine surcharge would be removed.
Councilmember Baca asked that this item be brought back before Council in September
as there are several issues that need to be discussed and items that are ambiguous.
Mayor Lozano noted that item 3 of the request for the surcharge was removed.
Mayor Pro Tem Garcia pointed out that, since item 3 of the request had been rescinded
by Waste Management, she would like to have this item move forward and be given
consideration for approval.
A motion was made by Baca, seconded by Rubio, to move this item to a meeting in
September for consideration and further discussion. Mayor Pro Tern Garcia voiced
objection.
At the Mayor's direction, Treasurer Contreras took a Roll Call vote for a final
determination on this motion. The roll call vote resulted in the following:
AYES: Baca, Rubio
NOES: Lozano, Garcia, Pacheco
ABSENT: None.
ABSTAIN: None.
Page 15 of 21
The motion failed with a vote of(2 —3) with Mayor Lozano, Mayor Pro Tern Garcia
and Councilmember Pacheco voting no.
Discussion continued as Council expressed discontented with Waste Management's
tactic of trying to charge the customers for disposal of green waste when Waste
Management would actually be making money in the disposal of the green waste (for
compost, etc.).
A motion was made by Garcia, seconded by Lozano, and carried (5—0) to
approve the Rate Adjustment Request for Solid Waste Fees to include:
1. An annual rate increase equal to the percentage increase in the Consumer
Price Index (Garbage and Trach Collection, U.S. City Average, published by
the United States Department of Labor, Bureau of Labor Statistics); and
2. The establishment of new rates for commercial businesses that are now
required to recycle organics per California State Assembly Bill 1826 (AB
1826).
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
16. APPROVAL OF ADMINISTRATIVE POLICY NO. AP-16-031, ENTITLED "BALDWIN
PARK SOCIAL MEDIA POLICY"
Staff recommends that Council:
a) Approve Administrative Policy No. AP-16-031 with black-out period of two (2) months
which bars any promotion of any City Official in any social media platform for two
months prior to any City election cycle; or
b) Approve Administrative Policy No. AP-16-031 as is, entitled "Baldwin Park Social
Media Policy" effective August 3, 2016; or
c) Provide staff direction.
Councilmember Baca asked that staff implement an information spot that could be
featured on the City's television station, such as providing service announcements or a
brief dialogue with department heads to discussion matters of community interest.
Mayor Pro Tern Garcia made a motion to approve the item, however, Councilmember
Pacheco asked that this item be held over to a future meeting in order to clarify the
"black out period" options.
A motion by Pacheco, seconded by Garcia, and carried (5—0) to carry this item to
a future meeting once staff has made appropriate revisions requested by Council.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
Page 16 of 21
17. REVIEW OF CURRENT APPLICATIONS AND CONSIDER APPOINTMENT OF OFFICE
SEAT NO. 5 ON THE RECREATION AND COMMUNITY SERVICES COMMISSION,
AND APPROVE RESOLUTION NO. 2016-124 ACCORDINGLY
Staff recommends that Council review the Commission applications submitted for Office
Number 5 of the Recreation and Community Services Commission, 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 Resolution No. 2016-124, 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."
A motion by Lozano, seconded by Garcia, and carried (5—0) to nominate and
appoint Jesus Rodriguez to the Recreation & Community Services Commission,
Office 5.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
18. APPROVE RESOLUTION NO. 2016-127, 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. 2016-127, 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.
San Gabriel Valley Water Association
1. Councilmember Susan Rubio
2. Mayor Manuel Lozano
Motion by Rubio, second by Baca, carried (5—0)
Los Angeles County Sanitation District Nos. 15 &22
1. Mayor (mandatory)
2. Councilmember Ricardo Pacheco
Motion by Garcia, second by Lozano, carried (5—0)
League of California Cities— Los Angeles County Division
1. Councilmember Cruz Baca
2. Councilmember Susan Rubio
Motion by Rubio, second by Baca, carried (5—0)
Page 17 of 21
Civil Defense Area "D" Director's Meeting
1. Police Chief Michael Taylor
2. Mayor Manuel Lozano
Motion by Lozano, second by Rubio, carried (5—0)
Civil Defense Area "D" General Membership
1. Police Chief Michael Taylor
2. Councilmember Ricardo Pacheco
Motion by Lozano, second by Baca, carried (5—0)
Independent Cities Association
1. Mayor Pro Tern Monica Garcia
2. Councilmember Ricardo Pacheco
Motion by Lozano, second by Garcia, carried (5—0)
Independent Cities Association Lease Finance Authority
1. Councilmember Ricardo Pacheco
2. Police Chief Michael Taylor
Motion by Pacheco, second by Garcia, carried (5—0)
Los Angeles County —City Selection Committee
1. Mayor Manuel Lozano (mandatory)
2. Mayo Pro Tern Monica Garcia
Motion by Lozano, second by Pacheco, carried (5—0)
Southern California Association of Governments
1. Councilmember Cruz Baca
2. Councilmember Susan Rubio
Motion by Lozano, second by Rubio, carried (5—0)
Foothill Transit Zone
1. Councilmember Ricardo Pacheco
Motion by Garcia, second by Lozano, carried (3—2); Baca and Rubio—No
2. Councilmember Baca
Motion by Rubio, second by Baca, carried (5—0)
San Gabriel Valley Council of Governments
1. Mayor Pro Tern Monica Garcia
Motion by Pacheco, second by Garcia, carried(3—2); Baca and Rubio— No
2. Councilmember Cruz Baca
Motion by Rubio, second by Baca, carried (5—0)
Independent Cities Risk Management Authority (ICRMA)
1. Councilmember Ricardo Pacheco
2. Mayor Manuel Lozano
3. Chief Executive Officer Shannon Yauchzee
Motion by Baca, second by Garcia, carried (5—0)
Page 18 of 21
City Committees
Audit Committee— Susan Rubio; Cruz Baca
Civic Center Park/Plaza— Susan Rubio; Cruz Baca
Community Collaboration Committee— Susan Rubio; Ricardo Pacheco
Ad Hoc Committee for Downtown Business — Ricardo Pacheco; Monica Garcia
WorkSource Committee— Ricardo Pacheco; Cruz Baca
Median Landscape Committee—All Council
Energy Committee—All Council
A motion by Pacheco, seconded by Garcia, to direct that all Committee memberships
will remain the same and that all Committees be made up of all five councilmembers.
Councilmember Baca voiced objection.
At the Mayor's direction, Treasurer Contreras took a Roll Call vote for a final
determination on this motion. The roll call vote resulted in the following:
AYES: Lozano, Garcia, Pacheco
NOES: Baca, Rubio
ABSENT: None.
ABSTAIN: None.
The motion carried with a vote of(3—2) with Councilmember Rubio and
Councilmember Baca voting no.
CITY COUNCIL/CITY CLERK/CITY TREASURER/STAFF REQUESTS &
COMMUNICATIONS
Request by Councilmember Susan Rubio for discussion & direction on the following:
• Councilmember Rubio is requesting consideration to renegotiate consultant contracts and
suspend all payments until the duplication of services is stopped, and they provide specific
explanation of all services rendered.
Councilmember Rubio expressed concern regarding the payment of consultant invoices
when the work being billed for is not being fully verified; pointed out that there appears to
be duplicate work being performed by different consultants. Voiced strong objection to
the consultants using City staff to perform some of the tasks that the consultant should
be doing.
Councilmember Rubio recounted the previous action of Council in which the contract
approval threshold was increased from $25,000 to $120,000; expressed her displeasure
that contracts of such high dollar values were being approved and council was not kept
informed.
Councilmember Pacheco suggested that staff be directed to look further into the
administration of contracts and more closely monitor invoicing and payment to
consultants.
Mayor Pro Tern Garcia opined that the concerns raised by Councilmember Rubio were
indirectly related to her meetings with consultants during the pre-election period when
political campaign fundraising was underway; implied that there was a political agenda
associated with the objection to the higher contract thresholds; pointed out that there has
never been any charges or investigation by authorities for wrongdoing.
Page 19 of 21
Councilmember Rubio pointed out that a significant amount of money was paid to a
consultant when, in fact, SGV Vector Control had told her that they would pay for all of
the costs associated with resident outreach.
Councilmember Rubio made inquiries with staff about preparation of project schedules
and other work that had been performed and billed by a consultant.
Councilmember Rubio stated that her main concern is how residents' money is being
spent and that monitoring expenditures is important; asked that further discussing on this
topic be agendized for a study session.
Councilmember Pacheco alleged that Councilmember Rubio was questioning the
invoices and consultant contracts as a retaliatory act in response to not making a
significant contribution to her sister's election campaign; suggested that staff/council sit
down and review the invoices and contracts in question; .
Mayor Pro Tern Garcia stated that staff is being blind-sided by these questions; agreed
to reviewing invoices if that is what is necessary but that staff should be trusted to
manage these projects.
Councilmember Baca exampled the importance of auditing invoices and performance by
recapping a past incident in which an attempt was made to rush through invoices for the
purchase of what was supposed to be specialty oil filters, at a cost of $40,000, when, in
fact, there was nothing special about the filters. Strongly stated that examining the
invoices and work performance is not a political issue.
Councilmember Baca noted that Mayor Pro Tern Garcia and Councilmember
Pacheco left the dais and subsequently left the Council Chambers.
Councilmember Rubio responded to a comment pointing out that the consultant that was
brought in by Councilmember Baca was hired to find ways to cut costs and would not
collect any fees unless a cost savings was realized; opined that the City seems to be
outsourcing work that could effectively be performed by staff.
• Councilmember Rubio is requesting consideration of a space near the Police Department to
designate as an e-commerce (buyer/seller) exchange area to protect consumers from theft
or inappropriate behavior, as well as a designated child custody drop-off area.
Councilmember Rubio explained that there have been many instances in which people
have been assaulted and/or robbed when they meet, in good faith, with another person
for what was allegedly buy/sell exchange.
Councilmember Rubio would like to have a parking area designated where people can
meet to exchange children or to exchange goods through a buy/sell transaction can do
so safely.
Chief Taylor stated that he has already spoken to staff and identified the large patio area
behind the ARC building and adjacent to the Police Department entrance as a
designated location; noted that some minor adjustments to security cameras would need
to be made but the area is currently well lit, has wide ingress and egress, and its
proximity to the police department heighten the security of the location.
Page 20 of 21
• Councilmember Rubio is requesting discussion and consideration to enhance and/or
implement new programs to improve police/community relations.
Councilmember Rubio asked that some enhancements be made to showing the
collaboration of the City and Police Department, showing the unity; asked that a banner
be prepared to feature both the City seal and Police Department symbol.
Request by Councilmember Cruz Baca for discussion & direction on the following:
• Councilmember Baca is requesting consideration of directing legal counsel to research the
Good Samaritan Food Act in regards to donating food from our City events to those less
fortunate, and in addition from our restaurants, church events, and other
organizations. Food could be offered to non-profits, for pick up and also possible delivery.
Councilmember Baca asked that the City Attorney research the Good Samaritan Food
Act, which was originally passed in the 1960's; the Act allows for the donation of leftover
food from events (public or private) to churches, shelters and other community food
kitchens but provides liability protection to those who donate.
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 10:37 p.m.
May
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APPROVED: 61- Z
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