Loading...
HomeMy WebLinkAbout2016 08 17 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING AUGUST 17, 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 Council member 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 Tem Monica Garcia Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano stated that no action was taken on items discussed in Closed Session and there was nothing to report. ANNOUNCEMENTS Mayor Lozano announced the commencement of the Housing Authority and Finance Authority meetings concurrently with this evening's Council meeting. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Presentation of a Plaque to Dr. Mario Jimenez, owner of Knoll's Pharmacy, to commemorate its 28 years on Ramona Avenue and for Dr. Jimenez's many years of service and dedication to the health of Baldwin Park Residents. Mayor Lozano presented a Plaque to Dr. Mario Jimenez recognizing his long service in the community and to commemorate the 28th anniversary of his business, Knoll's Pharmacy, in Baldwin Park. • Presentation by Jeff Allen, President of the San Gabriel Valley Economic Partnership and Director of Marketing and Communications, Regina Wang, who will be providing a demonstration of the SGV Economic Development PowerSite. Presentation by representatives of the San Gabriel Valley Economic Partnership, Jeff Alred, President, and Regina Wang, Director of Marketing and Communications, to provide a demonstration of the new SGV Economic Development PowerSite, a website that provides demographic, economic and industry data for each city, which can be utilized by investors, brokers and business developers who are looking for property sites to establish businesses. • Presentation by MetroLink representatives to provide updates on horn noise, train operations and a proposed Quiet Zone. Patricia from MetroLink provided some background on the BNSF locomotives that are running along the San Bernardino line. These trains were brought in because some of the safety issues that were discovered in the commuter cabs and, in an abundance of caution, they pulled those cabs out of service and brought in the BNSF trains as a temporary solution. MetroLink is currently repairing the commuter cabs and expect to have the locomotive trains off the route by November. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:58 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Monica Albert, Baldwin Park business owner, commented on the MetroLink presentation, stating that the problem can be blamed as much on the engineers as on the train horns; stated that there is one engineer who, at 4:50 p.m., pulls the horn in three short pumps while the engineer at 5:20 p.m. pulls the horn for one long pump; invited MetroLink representatives to come to her office to take a survey of the daily noise patterns made by the trains. Art Luna, Baldwin Park resident, read a headline from an unspecified newspaper article; alleged that the City Attorney should not be allowing conflict of interest conduct within the City, referring to council member activities; made various derogatory comments. Juan Rios, Baldwin Park resident, opined that the Mayor should be maintaining better control of the conduct of council members, referring to incidents when Council members left meetings prior to adjournment; commented on the Recreation Director's attendance at the School Board meeting and the Interim Public Works Director's summary of pending work to be done at the Walnut Creek Nature Park. Joanne Watkins, Baldwin Park resident, stated that she resides on Hallwood Street and is asking that speed bumps be installed on her street; explained that North Park High School is nearby and there is a problem with high school students speeding in the area where elementary school children are walking to and from school. Raul Silva, Baldwin Park resident, came to seek assistance with problems in his neighborhood; stated that residents of a nearby condominium have an excessive number of cars and parking has becoming a serious problem; expressed concern regarding the safety of the neighborhood because of people coming in and out at all hours of the night; stated that police dispatch has been rather unfriendly and unhelpful. Ken Woods, Baldwin Park resident, pointed out that Council member Pacheco had replaced Council member Baca as the representative on the Foothill Transit Commission but then missed the first meeting and alleged that the Council member is not fulfilling his duty; opined that the officials elected by the people should be the ones making decisions on expenditures of City funds, not a third party; asked that the $120,000 cap be reduced and Council take responsibility for spending taxpayer money. Roiitos Sabida, Baldwin Park resident, stated that he feels he was unjustly penalized when his vehicle was towed; stated that he already filed a claim against the City; opined that the Police Department associates themselves with Royal Coaches Towing; expressed concern because Page 2 of 17 citizens are paying for a parking citation and then paying a steep fee to retrieve their car from the towing company; stated that the towing policy is very unjust. Angie Marcias-Mendez, Teen — Children's Librarian at Baldwin Park Library, expressed thanks to Council and the community for their support of the Summer Reading Program; announced that the library will be featuring reading programs this fall as well. Lilian De Loza, San Gabriel Valley Representative Deputy representing Los Angeles Metro, introduced herself and offered to provide any information regarding transportation questions and concerns that the community may have. Greg Tuttle, Baldwin Park business owner, alleged that some Council members received campaign contributions from Royal Coaches Towing; alleged that Recreation Director Carrillo lied about the vector control item and misrepresented the City at the School District meeting; alleged that Council members were spending money inappropriately with a preferred contractor; noted that the Farmer's Market was a failure; commented that $52,000 was spend on filing of restraining orders. Unidentified speaker, thanked the librarian for the wonderful summer time reading programs at the library; stated that she has done extensive research on the public housing vouchers program and she has determined that she meets the qualification for assistance; asked that she be given the opportunity to speak to someone of higher authority [than the housing manager] to discuss her situation and that she be considered for any assistance that can be offered to her. Unidentified speaker, Baldwin Park resident, lives on Foster and is unhappy because parking is becoming an issue; stated that because there is an elementary school nearby, cars are loitering in a `no parking' zone while waiting to pick up children; noted that she has called Code Enforcement several times but they are not being consistent in enforcing restriction and, at times, she cannot get into her driveway. Margarita Vargas, Baldwin Park resident, expressed appreciation and admiration for Recreation Director Carrillo's presentation at the School District meeting, stating that the renderings were helpful; pointed out that some board members hesitant because they are new; opined that Council is not administering Robert's Rules of Order and the parliamentary process properly during council meetings; stated that the proper procedure is: motion, second, discussion, vote. Seeing no others wishing to speak, Public Communications closed at 8:33 p.m. Mayor Lozano commented on the testimony of Mr. Tuttle and challenged him to bring the alleged evidence of wrong-doing so that it can be made public and a formal response can be prepared. Council member Pacheco thanked staff for their hard work, and Director Carrillo for the work he put into park project and presentation to the School District; expressed his support for moving the project forward by applying for grant funds and by continuing to pursue conversations with the School Board so as to collaborate on the project. Council member Pacheco stated that he would like to challenge the issues raised by Council member Rubio regarding payment of invoices to consultants; he also stated that Council members do not pay invoices nor do they approve them as this responsibility is left to staff to perform; stated that, because Council member Rubio did not present any invoices or other documents to Council or staff for examination and to properly address the matter, he feels she is unfair; stated that he did some research on his own and found that she and Page 3 of 17 Council member Baca sat on a Civic Center Committee and were allocated for the project funds but overspend by approximately $2,000, yet the project is not complete. Mayor Lozano interjected that Council member Pacheco was speaking about an item that was not on the agenda and would, therefore, need to be agendized for a future meeting. Mayor Lozano also responded to testimony by Margarita Vargas regarding parliamentary procedure; stated that Baldwin Park has never adopted a formal set of rules given there are dozens of different procedures. Council member Baca asked that Council adopt formal procedures since she received a great number of phone calls and comments from constituents; asked that the City Attorney Tafoya prepare and present options to Council for selection and adoption. Mayor Pro Tern Garcia concurred with the discussion and the selection of Robert's Rules but also asked that Council be wise with the use of time while conducting business in the council meetings; opined that a good example was the time spent on discussing the cost of the annexation to the Vector Control District; suggested that agendas be prepared and provided to Council more than a week in advance of meetings to allow ample time to review the materials. Council member Rubio responded to comments of Mayor Pro Tem Garcia, stating that the staff report presented for consideration [for vector control] only listed two options — one for $29,000 and one for $90,000 — and she naturally selected the lower cost of the two; opined that she felt she had no other choice than to select one of the two options presented to her. Mayor Pro Tern Garcia noted that there were more than two options provided to Council on the Vector Control item, but that the point she was making is that time management is her concern and she is asking that Council members be prepared when they attend meetings. Council member Rubio explained that her concern was taking action without notifying the residents; noted that surveying the community was previously handled by staff rather than having it outsourced; also noted that many contracts are being approved prior to Council seeing them and they are only seeing invoices. Mayor Pro Tem Garcia reiterated her desire to be mindful of time, stating that these items are being discussed long after they were approved and that she would like to move forward with business. CONSENT CALENDAR Council pulled Items 1, 3, 4, 5, 6, 7, 8 from Consent Calendar for further discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. Council member Baca said that she had reviewed invoices submitted by Del Sol and questioned the fact that they clumped two or three invoices together and that work items were listed vaguely, such as "looking into grants for musical instruments for $8,000 through the Fender foundation;" "met with Kaiser Permanente in regards to another $25,000 for Walnut Creek;" She pointed out that she feels that Recreation and Community Services Director Manny Carrillo has been working on identifying grants and his staff has worked on grants for a lot of the City parks; she expressed objection to paying $3,900 per month to a consultant to perform the same work that Page 4 of 17 City staff is already doing; stated that she has a copy of a check for $15,600 payable to Del Sol, yet she has yet to see a report or a presentation from them; stated that she feels that they have only provided hypothetical projections that are "in the pipeline," yet they are submitting invoice after invoice for payment. Council member Baca also reviewed invoices submitted by AIMS, noting that they are payed an hourly rate of $172.41. She read one line item as "monthly internal strategy outline preparation — 3 hours" and asked why they would be charging for something that is "internal." Another invoice line item said "Meeting update with Pacheco and Garcia — 6 hours" and another meeting with Mayor Lozano. Council member Baca questioned several of the invoice charges and the nature of the work and hours being billed. She also pointed out that AIMS staff should be meeting with all Council members, not just selective members. Council member Baca stated that all payments should be stopped to all consultants until an investigation can be conducted to determine whether the charges are legitimate and warranted. Council member Rubio pointed out that discussions should have been held with all five council members and asked why these consultants are not making presentations and reports at Council meetings where all five Council members and the public can hear the reports. She also pointed out that, since these consultants have not met with her like they have with other Council members, she has not had the opportunity to ask questions so she makes those inquiries during the regular Council meetings. Council member Pacheco compared these matters to that of the Civic Center Committee that Council members Baca and Rubio sat on, and pointed out that the consultant on that project ran over budget by $2,000 but never complete the project; asked why the invoices submitted were paid, despite the project not being completed. Council member Pacheco also brought attention to the Berkshire contract. Mayor Pro Tern Garcia commented on AIMS, saying that she had met with them several times and those meetings probably account for the 6 hours; stated that she is not opposed to them coming and giving reports to the full council; as far as specific items, all council members should be given a copy of the invoices and should be able to cross-reference the line items on the invoices. Council member Rubio stated that the committee to which Council member Pacheco is referring was an ad hoc committee created by Council to bring a civic park plaza to the front of city hall as an improvement to the area. With funds identified specifically for developing open space, a consultant worked with the ad hoc committee to develop a design and produce renderings for Council consideration. Council member Rubio noted that the project was not completed because, while it had Council's approval at one time, it later stalled out because Council member Pacheco had chosen to offer the land to a developer and initiate discussions for building apartments on the site instead. Council member Baca agreed with Council member Rubio's assertions and added that two public meetings were held with the architect in attendance; pointed out that the residence were in support of a new Civic Center Plaza and that the Mayor had been very support of the project at the time. Page 5 of 17 Council member Baca responded to Council member Pacheco's comments regarding the Berkshire contract and his assertion that she receives monies from Blanca Rubio; stated that she did not take a loan nor has she received any inappropriate contributions; pointed out that there are several instances in which Mr. Horowitz (Berkshire Group) found various ways to save the City money; stated that the invoices submitted by the contractors in question [AIMS, Del Sol] are not providing sufficient information and are charging rates that are very high. Council member Pacheco pointed out that AIMS has facilitated some joint effort projects with the County of Los Angeles; pointed out that the civic center project was allocated $505,000 and went over budget by $2,000, but that the project was never completed because the consultant did not produce construction plans and drawings; expressed concern and inquired why the consultant was paid the full amount despite not having finished the job. Council member Rubio restated that, since the project stalled when the land was designated for a developer to build apartments, it no longer made sense to pursue the project. Council member Rubio asserted that comments have been made to the effect that she is somehow blaming staff for not performing proper invoice reviews but that the opposite is true; she is very supportive of staff and believes that a lot of what the consultants are doing can be done in-house by staff members. Council member Pacheco pointed out that Council does not review invoices or contracts and, if a Council member is questioning the review and payment of invoices, they are questioning the quality of work that staff is performing; he also noted that he, personally, is not solely responsible for hiring of the consultants, stating that it takes three votes to approve a contract, and that he has no influence on any particular contract. Council member Pacheco went on to say that Council member Rubio violated City policy by directing the architect to stop the working on the project, and stated that the architect never produced specifications and drawings and stated that, the while project was allocated over $500,000, it was never completed and went $2,000 over budget. Council member Baca stated that renderings were completed, and an aerial rendering, showing the different phases, had been produced; all of the renderings and the project concept had been presented to Council, however, the City Civic Center Plaza project was set aside in favor of a residential development. Council member Baca also reiterated Council member Rubio's position that staff is fully competent and qualified to perform much of the work that is being performed by consultants; pointed out that she has reviewed invoices and payments extensively and she found that consultants have not been able to substantiate the work that they are billing the City for. Council member Pacheco responded by saying that AIMS has performed the work they are billing for and have provided staff reports, then restated his assertion that the Civic Center Plaza project was not completed and went over budget $2,000 while under Council member Baca's "watch." Mayor Pro Tem Garcia commented on the report for the Civic Center Plaza Design Agreement, noting that the cost for services is very specific and asked whether the City received a legal description as indicated in the scope of work; asked Interim Director Gutierrez if he could provide answers to some of her questions. Page 6 of 17 CEO Yauchzee responded by saying that the City did get renderings and he has asked Interim Director Gutierrez to look into the matter; stated that it is his understanding that construction drawings have not been produced. Interim Director Gutierrez confirmed that the deliverables have been completed and provided by the architect but that the construction drawings have not been finalized because they are still in review with the Planning Department. Mr. Gutierrez confirmed that he is in possession of the construction documents but that the overall design scope is about 85% complete. Mayor Lozano asked that the meeting proceed as there is other City business to discuss and this subject must be agendized prior to pursuing it any further. Council member Rubio pointed out that she did, in fact, agendize this item and based on that, asserted her right to speak on the matter; restated that, once the land was given to the developer, it seemed no longer reasonable to pursue the Civic Center Plaza project nor spend any additional funds on a project that would not come to fruition. Council member Rubio further stated that, while Council does not review individual invoices, they previously had general knowledge of expenditures because contracts had a lower value threshold of $25,000 that would trigger review and approval by Council as opposed to the current threshold of$125,000. Council member Rubio opined that Council should be accountable to the community for expenditures and it is difficult to answer questions when such large amounts are spent without Council's review; she strongly suggested that the contract values be restored to the $10,000 and $25,000 thresholds to bring the responsibility back to Council. • Council member Pacheco objected to Council member Rubio's assertions, stating that she does not fully understand the business nature of construction projects and contracts; opined that projects would be severely curtained if staff had to come back to Council each time an item over $10,000 had to be approved by Council; stated that this threshold applies to Public Works only and that most cities follow this same procedure. Mayor Pro Tern Garcia agreed with Council member Rubio in that Council is accountable to the community and stated that anyone that has concerns about city processes or how City funds are being spent should step forward so that any issues can be resolved; stated that she places confidence in staff to monitor proper expenditures; opined that micromanaging staff is not the proper way to conduct business and not a wise use of time; stated that she received calls from vendors who expressed interest in doing business once the threshold was raised to $125,000; but that she was informed by those same vendors that meetings with Council members Rubio and Baca resulted in solicitations for fundraising for candidate Blanca Rubio; pointed out that with the lower cap, [council members were] creating opportunities to meet with vendors. Council member Baca stated that she would like to speak to whoever it was that alleged that she and Council member Rubio had met with them and discussed fundraising as these are false allegations and she would be glad to confront the person(s) who said this; stated that she has never done fundraising for anyone but herself; opined that the comments made by Mayor Pro Tem Garcia are an Page 7 of 17 embellishment; also noted that the City previously functioned with the lower threshold and they should be reinstated until some investigation into what appears to be irregularities in billing practices has been completed. Council member Rubio reiterated that the threshold reinstatement she is seeking is a cap that the City has been working under for many years and should not significantly hamper operations; inquired of Interim Director Gutierrez as to the discretionary cap for the City of West Covina ($10,000 and $30,000, respectively) and noted that she made inquiries with surrounding cities and found the discretionary caps to be similar as to what the City's used to be. Council member Rubio went on to say that she had a copy of a contract executed in April of 2016, for the San Gabriel River Bikeway Design Phase, with a value of $106,510; noted that she also had copies of two checks, one for over $5,325 and one for over$10,651, both of which were issued prior to the contract being executed; opined that this is a very distressing situation and asked how these payments were allowed to occur in advance of the execution of the contract; noted that this defies the concept of checks and balances and opined that she would like to contact the vendor and have the $10,000 returned to the City. Council member Rubio then asked that City Attorney Tafoya to read the date on which the contract was executed, and then to read the dates on which each check was issued. City Attorney Tafoya read aloud the date of[contract execution]April 4, 2016, [check] February 29, 2016 - $5,325.50 and [check] March 31, 2016 - $10,651.00. Council member Rubio assured Council that each member would receive a copy of the contract and checks. Mayor Pro Tem Garcia requested copies of the documents and inquired [of the Interim Director Gutierrez] as to who is overseeing this and whether there is any record as to why the checks were issued prior to the execution of the contract. Interim Director Gutierrez stated that Public Works is overseeing the project, that the contract was signed by the previous director and that, while he has reviewed the project, he does not have any record of payments being issued in advance of the contract; noted that he has only reviewed invoices issued after the contract was executed. Mayor Pro Tern Garcia asked that Interim Director Gutierrez look into this matter to determine what records exist in regard to this contract and report back to Council at its next regular meeting. Council member Pacheco stated that he would like the contractor to refund some of the money paid because work was not completed on the Civic Center Plaza project. Council member Rubio asserted that she does not want any insinuations that former Public Works Director Dan Wall did anything inappropriate or is to blame for any of the issued being discussed; [referring to a specific staff report] pointed out that, on one of the projects he oversaw, former Director Wall had made a recommendation for a contractor that had experience and whose price was competitive, but twice that staff report was pulled by Council member Pacheco, no decision was made, and the Page 8 of 17 project was eventually awarded to a different contractor; she again reiterated that the spending caps need to reverted back down. Council member Pacheco opined that Council member Rubio is again trying to blame staff and that the matter will be looked into further; supports an investigation and ask that staff review the records and speak with the contractors; asked as to whether Council member Rubio would be making a motion on the discussion. Council member Rubio affirmed her would like the matter of reverting the contract thresholds to $10,000 and $25,000, or even a $10,000 and $30,000 thresholds, be brought before Council for consideration at the next meeting. Council member Rubio made a motion, seconded by Council member Baca, to direct staff to bring before Council in the form of a staff report and agendize for consideration the of lowering of the approval caps to $10,000 and $30,000. Council member Pacheco voiced objection, therefore Mayor Lozano directed the City Clerk to conduct a Vote by Roll Call. City Attorney requested that the motion be clarified. Mayor Lozano state that, basically, the motion is to direct staff to bring it back to reduce it to $30,000. Vote by Roll Call, the results were as follows: AYES: Baca, Rubio NOES: Garcia, Lozano, Pacheco ABSENT: None. ABSTAIN: None The motion failed by a vote of 2—3. Council member Baca made a substitute motion that the item be brought back at the next Council meeting to consider $10,000 for the different department heads and $30,000 for the CEO. Council member Rubio seconded the motion. Council member Pacheco voiced objection, therefore Mayor Lozano directed the City Treasurer to conduct a Vote by Roll Call. Vote by Roll Call, the results were as follows: AYES: Baca, Rubio NOES: Garcia, Lozano, Pacheco ABSENT: None. ABSTAIN: None The substitute motion failed by a vote of 2—3. Council member Baca resumed discussion regarding the Warrants and Demands, asking for clarification from Director Carrillo, as to whether the payment of $499 noted in the report as Staff Summer Barbeque was the summer luncheon that was held recently. Page 9 of 17 Director Carrillo responded, saying that the payment was not for the event she was referring to but that it was for an end of summer staff appreciation lunch at the community center. Council member Baca inquired as to whether the money came from the General Fund, to which Director Carrillo answered to the affirmative. Council member Baca went on to inquire as to whether this is a usual practice and whether staff seeks donations or other contributions for these events; noted that In-N-Out recently donated a generous amount of food for an event and suggested that staff seek these types of donation opportunities as well. A motion was made by Council member Baca, seconded by Council member Rubio, to direct staff, beginning in September, to process all warrants and demands with the exception of AIMS and Del Sol, which are to be held for review prior to payment. Council member Pacheco voiced objection; Mayor Lozano directed the City Clerk to conduct a Vote by Roll Call. Vote by Roll Call, the results were as follows: AYES: Baca, Rubio NOES: Garcia, Lozano, Pacheco ABSENT: None. ABSTAIN: None The motion failed by a vote of 2—3. A motion was made by Council member Pacheco, seconded by Mayor Pro Tem Garcia, to approve the Warrants and Demands as presented. Council member Baca voiced objections. Mayor Lozano directed the City Clerk to conduct a Vote by Roll Call. During the Roll Call, Mayor Pro Tern Garcia asked that the person who is reviewing the invoices, whoever that may be, keep a very close eye on the invoices to address some of the concerns brought up during this evening's meeting. Vote by Roll Call, the results were as follows: AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None The motion passed by a vote of 3—2 to approved the Warrants and Demands. 2. TREASURER'S REPORT—JUNE 2016 Staff recommends that Council receive and file the Treasurer's Report for the month of June 2016. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to receive and file the Treasurer's Report for the month of June 2016. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 10 of 17 3. RESCIND PREVIOUSLY APPROVED RESOLUTIONS AND APPROVE REVISED RESOLUTIONS Staff recommends that Council rescind Resolution No. 2016-136 and Resolution No. 2016-137, and approve and adopt the following: 1. Resolution No. 2016-144, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Ordering the Annual Levy and Collection of Assessments Associated with the Citywide Park Maintenance Assessment District for FY2016- 2017, and Authorizing the Los Angeles County Assessor to Add this Special Assessment to the Property Tax Bills."; and 2. Resolution No. 2016-145, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Ordering the Annual Levy and Collection of Assessments Associated with the Citywide Landscaping and Lighting Maintenance Assessment District for FY2016-2017, and Authorizing the Los Angeles County Assessor to Add this Special Assessment to the Property Tax Bills." Council member Rubio asked that Interim Public Works Director Gutierrez to clarify that this item is strictly for a resolution number change and that it does not change any of the content or conditions of the resolution as it was originally passed, to which Interim Director Gutierrez confirmed as being correct. A motion was made by Council member Rubio, seconded by Council member Baca, and carried (5 —0) to rescind Resolution No. 2016-136 and Resolution No. 2016-137, and approve and adopt Resolution Nos. 2016-144 and 2016-145. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. APPROVE AND ADOPT RESOLUTION NO. 2016-146 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHING A PARTNERSHIP WITH THE COUNTY OF LOS ANGELES IN SUPPORT OF ITS "HOMELESS INITIATIVE STRATEGIES" EFFORTS TO COMBAT HOMELESSNESS." Staff recommends that Council approve and adopt Resolution No. 2016-146, entitled "A Resolution of the City Council of the City of Baldwin Park Establishing a Partnership with the County of Los Angeles in Support of its "Homeless Initiative Strategies" Efforts to Combat Homelessness." Council member Baca took a moment to extend her appreciation for having this item placed on the agenda and recognized the dire need for addressing the homeless population, noting that she participated on an ad hoc committee to combat homelessness in the San Gabriel Valley. A motion was made by Council member Baca seconded by Council member Rubio, and carried (5 — 0) to approve and adopt Resolution No. 2016-146, entitled "A Resolution of the City Council of the City of Baldwin Park Establishing a Partnership with the County of Los Angeles in Support of its "Homeless Initiative Strategies" Efforts to Combat Homelessness." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 11 of 17 5. APPROVAL OF AMENDED EMPLOYMENT AGREEMENT WITH SHANNON YAUCHZEE FOR THE POSITION OF CHIEF EXECUTIVE OFFICER (CEO) It is recommended that the City Council approve the Amended Agreement with Shannon Yauchzee for the position of CEO. Council member Rubio noted that are a couple of items that were not clear to her and, given that it is a personnel-related matter and she has a couple of more questions, she would like to have the item brought back at the next council meeting. A motion was made by Council member Rubio, seconded by Council member Baca, to hold this item over until the next regular Council meeting to allow time for Council members to seek clarification of a couple of additional questions. Council member Pacheco voiced objection, therefore Mayor Lozano directed the City Clerk to conduct a Vote by Roll Call. City Treasurer Contreras began the Roll Call Vote. Council member Rubio then stated that she is not objecting to the contract but that she is asking for the courtesy to ask questions prior to approving the raise. She reiterated that she is asking for the courtesy to ask questions. The Roll Call continued and results were as follows: AYES: Baca, Rubio NOES: Garcia, Lozano, Pacheco ABSENT: None. ABSTAIN: None The motion failed by a vote of 2—3. Mayor Pro Tern Garcia asserted that this item was approved and adopted at the previous Council meeting and noted that the courtesy had been was given to review and discuss the item as far as the terms. City Attorney Tafoya affirmed that it was discussed at the last meeting but that it also required appearing on this agenda. A motion was made by Council member Pacheco, seconded by Mayor Pro Tern Garcia, to approve the Amendment to Mr. Yauchzee's contract. Council member Rubio voiced objection; Mayor Lozano directed the City Treasurer to conduct a Vote by Roll Call. The Roll Call results were as follows: AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None The motion passed by a vote of 3 — 2 to approve the Amended Agreement with Shannon Yauchzee for the position of CEO. Page 12 of 17 CITY COUNCIL ACTING AS SUCCESSOR AGENCY CONSENT CALENDAR All items listed are considered to be routine business by the Successor Agency and will be approved with one motion. There will be no separate discussion of these items unless a Board members so request, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. SA— 1 AWARD CONTRACT FOR FINANCIAL ADVISORY SERVICES TO REFINANCE SUCCESSOR AGENCY TAX ALLOCATION BONDS Staff recommends that the Successor Agency approve the selection of Harrell & Company Advisors, LLC, to provide the financial advisory services and authorize the Chair to execute the agreement for services with Harrell & Company Advisors, LLC, attached to the Staff Report. A motion was made by Board member Pacheco to move this item to the next regularly scheduled meeting, seconded by Council member Lozano, to move this item to the next meeting. Board member Baca voiced objection. With that objection, Board Chair Lozano directed that a Roll Call Vote be take. The Roll Call results were as follows: AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None The motion passed by a vote of 3 — 2 to move the selection of Harrell & Company Advisors, LLC, to provide the financial advisory services and authorize the Chair to execute the agreement for services with Harrell & Company Advisors, LLC, to the next meeting. PUBLIC HEARING 6. CONDUCT A PUBLIC HEARING AND REVIEW THE COST OF CITY FEE SERVICES BASED ON A STUDY PREPARED BY REVENUE & COST SPECIALISTS, LLC Staff recommends the City Council to receive and file this report and continue the Public Hearing on September 7, 2016, City Council meeting. City Attorney Tafoya noted that the public hearing for this item will need to be opened and then continued to a date certain. Mayor Lozano opened the Public Hearing at 9:20 p.m. and announced that the Public Hearing will be continued to Regular City Council meeting on the date certain of September 7, 2106, A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to receive and file this report and continue the Public Hearing on September 7, 2016, City Council meeting. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 13 of 17 REPORTS OF OFFICERS 7. APPROVAL AND ADOPT THE 5-YEAR CAPITAL IMPROVEMENT PROJECT (CIP) BUDGET FOR FISCAL YEARS 2016-2021 Staff recommends that the City Council approve the 5-Year CIP Program and additional appropriations for FY 2016-17. A motion was made by Mayor Pro Tem Garcia to approve the item with the exception of the Pole Banners, which were under $200,000; seconded by Council member Pacheco. Council member Rubio and Council member Baca voiced objections. Mayor Lozano directed the City Treasurer to take a Vote by Roll Call. After City Treasurer Contreras began the roll call, Council member Rubio noted that this was presented in the Special Meeting for approval of City projects over the next five years but there was very little time to for discussion; requested that this item be brought back in a Study Session so that more details could be provided and Council would be provided the opportunity to ask additional questions. With that, Mayor Pro Tem Garcia withdrew her motion and concurred with bringing the item back in a study session but also asked that priorities be re- examined to determine whether the pole banner was really a high priority item. Council member Baca agreed and suggested that the funds might be designated for street and alleyway improvements. A motion was made by Council member Rubio, seconded by Council member Baca, and carried (5 — 0) to direct staff to provide a presentation at a Study Session regarding the 5-Year Capital Improvement Projects Program and additional appropriations for FY 2016-17. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 8. 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 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 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 3. Approve Administrative Policy No. AP-16-031 as is, entitled "Baldwin Park Social Media Policy" effective August 17, 2016; or 4. Provide staff direction. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to carry this item to the next regularly scheduled Council meeting. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 14 of 17 CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Mayor Lozano to discuss and consider the following item: • 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 began the discussion by directing staff to investigate the invoices identified by Council member Rubio at the last City Council meeting and include Council member Pacheco's request as well. Mayor Lozano then asked of staff the following series of questions, noting that an answer need not be provided immediately: 1. "Have you ever seen any seen any illegal or fraudulent activity occur in the City?" 2. "Has anyone ever told you to do anything illegal or inappropriate?" 3. "If someone did ask you to do something illegal or fraudulent, do you know to report it to H.R., the CEO or the City Attorney?" The Mayor stated that he wanted to assure staff that he and other members of the Council trust staff and that any staff member can go to the authorities, including the District Attorney, if they feel there have been any violations. The Mayor went on to remind staff that the City depends on staff for their expertise to review invoices for accuracy and to make sure that the City maintains transparency. Mayor Lozano also directed that the activities of Mr. Horowitz, of The Berkshire Group, be investigated since there are assertions that The Berkshire Group was paid a substantial amount of money without any realized value for the City. Request by Council member Pacheco to discuss and consider the following item: • Council member Pacheco is requesting that staff be given direction to evaluate and report back on the status and success of the Street Fair and provide the City Council additional options. Council member Pacheco directed staff to look into the circumstances surrounding the successes and failures of the Street Fair; noted that it may have gone on for too long a period and that these types of events be suspended for now; asked that staff bring new suggestions to a Study Session. Council member Baca also commented on the Street Fair, noting that the contractor did not perform as expected but that residents did seem to enjoy the event during the summer months, particularly the beer garden; expressed appreciation for the efforts staff put into supporting the success of the event and suggested that, should the City choose to host a similar event next year, staff should continue to be instrumental in the coordination and implementation of the program. Council member Rubio asked Director Carrillo about recent developments with Green Leaf, stating that she had heard allegations that Green Leaf had pulled out of the most recently scheduled event because they said they did not have enough vendors, however, other sources said that those same vendors were going to be present at a similar event in Whitter instead; expressed concern that Green Leaf was in breach of contract because the vendors were supposed to be in Baldwin Park rather than in Whittier; requested clarification. Page 15 of 17 Director Carrillo explained that Green Leaf does operate a similar event in Whittier and that many of the vendors have the capability to participate at multiple events, however last week's event was cancelled because there were not enough vendors; stated that the Street Fair is scheduled for tomorrow night and that Green Leaf has indicated that there will be 20 to 30 vendors at the event. Council member Rubio asked, referring to last year's event which was fully coordinated and hosted by City staff, how many vendors participated in the Street Fair, to which Director Carrillo responded that approximately 100 vendors participated. In response to Council member Rubio's last inquiry, as to whether staff could, in fact, fully handle the entire workload of putting on the Street Fair, Director Carrillo said that staff could do so but recommended that it be held a bit later in the year since staff is currently committed to the working the City's parade event. City Attorney Tafoya made a point of clarifying for Council that Green Leaf is, in fact, in breach of contract with the City of Baldwin Park and if Council chooses to select another contractor, the City can do so without recourse. Council member Pacheco asked that this item be brought back before Council with a report from staff so that a full discussion and all opinions could be considered. Council member Baca requested clarification of the City Attorney that the contract includes a 30-day notice of termination should the City desire to do so. Final discussion established that this item would be brought back at a future meeting for further consideration and that the next street fair, scheduled for tomorrow night, will be held as scheduled. A motion was made by Council member Pacheco, seconded by Council member Rubio, and carried (5 — 0) to bring back for evaluation the Street Fair and other options, and to have a full discussion of the contract with Green Leaf. Request by Council member Rubio to discuss and consider the following items: • Council member Rubio is requesting consideration to renegotiate consultant contracts and suspend all payments until the duplication of services is stopped, and reports of services rendered are provided to the council for review. These items were discussed earlier in the meeting. Please refer to pages 5— 9 of these Minutes. • Council member Rubio is requesting consideration to go back to the original department head spending limits of$10,000 and $25,000 for CEO without council consent as the current $125,000 limit takes the power away from the council to be fiscally responsible with tax payer funds and limits council accountability for misuse of funds. These items were discussed earlier in the meeting. Please refer to pages 5— 9 of these Minutes. Council member Baca asked that Code Enforcement look into the properties located from 4155 and 4219 Alderson because the property owner has failed to maintain the landscape properly to the point that it has become a neighborhood nuisance and is unsightly. Page 16 of 17 ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Pacheco, to adjourn the meeting at 9:55 p.m. Mays ATTEST: Mangy= oza • yor //Alp Alej= dra Av.a, City C erk APPROVED: 5/5A"1 Page 17 of 17