Loading...
HomeMy WebLinkAbout2002 06 19 CC MIN2002 06 19 CC MIN;¢f4©F"COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 JUNE 19. 2002 WEDNESDAY 7:00 P.M. The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and place. ROLL CALL Present: Coundlmembers: Linda Gair, Ricardo Pacheco, Bill Van Cleave, Mayor Pro- Tem Marlen Garcia, and Mayor Manuel Lozano Also Present: Dayle Keller, Chief Executive Officer; Arnold Alvarez-Glasrnan, City Attorney; Mark Kling. Chief of Police; Jose Sanchez. Finance Director; Shaflque Nayier, Public Works Director; Rick Forintos, Community Development Director; Manny Carrillo. Recreation/Community Services Director; Maria A. Contreras, City Treasurer; Kathryn Tizcareno, City Clerk; Rosemary M. Ramirez. Chief Deputy City Clerk and Kathleen Sessman. Deputy City Clerk ANNOUNCEMENTS Mayor Lozano announced that Pastor Jim's last day as Pastor with St. John's parish is Sunday, June 23, 2002. Mayor Lozano, all the City Council and the City Treasurer thanked Fr. Jim for his hard work and dedication to the citizens of Baldwin Park. Coundlmember Van Cleave reported on a meeting he had with Arman Gabay of the Charles Company regarding the proposed development on Francisquito and Tracy. He expressed support of the project and requested that this matter be placed on the next agenda for Agency action. There were no objections. Mayor Pro Tem Garcia invited the public to attend the Police Department Bike Rodeo, Saturday June 22, from 9-1. Chief Kling announced that this year's event will include pedestrian safety information. There will be many giveaways, including bicycle helmets. Mayor Pro Tem Garcia announced the City's concert in the park series noting that the first concert will be on Thursday, June 27 and features the band Cold Duck". PROCLAMATIONS, PRESENTATIONS AND COMMENDATIONS A proclamation proclaiming June. 2002, as Home Ownership Month" was prepared and presented to Director Forintos. Director Sanchez requested that the introduction of newly appointed Finance Department employee. Senior Accountant Lorena Vilano be deferred to the meeting of July 2. 2002. BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes June 19. 2002 Page 2 Chief Kling introduced newly appointed Police Department employees. Officer Jennifer Chavez and Officer Eddie Avakian. Carried over from June 6. 2002) PUBLIC COMMUNICATIONS Roy Test. Baldwin Park resident commended the City Council on their action regarding noise enforcement. Mr. Test expressed his opposition to the proposed ban of ice cream vendors. Mr. Test requested Council consideration and approval for the purchase of a new PA system for use at the senior center. Mr. Test informed Council that the signalization at the Cesar Chavez and Ramona Boulevard intersection was corrected temporarily however, he recently again began to experience a 4+ minute wait for the light to change. Mr. Roy Peale inquired about the zoning of the proposed new carwash on Sterling Way. He also asked when the carwash would open for business. The following persons spoke in support of the Mid-San Gabriel Valley Consortium: Paul Gallegos, Beto Blancarte, Baldwin Park resident; Inaudible), Baldwin Park resident and employee; Ricardo Padilla, Baldwin Park resident; Rocky Sanchez, resident of S. El Monte; Claudia Martinez, Baldwin Park resident; Linda Enriquez, Baldwin Park resident; Mariana Chacon, Baldwin Park resident; Raul Pardo, S. El Monte Coundlmember and MSGVC Board Member; and Rachel Estrada. Jose Corona, 14234 Ohio Street spoke regarding speeding on Ohio Street, commercial truck parking; and garage conversions. Coundlmember Pacheco thanked those present who spoke regarding the Mid-San Gabriel Valley Consortium. CONSENT CALENDAR APPROVED Coundlmember Gair requested that the following item be removed from the Consent Calendar for discussion: 1) Item 1 G APPROVAL OF USER AGENCY AGREEMENT WORKFORCE INVESTMENT ACT Mayor Pro Tem Garcia requested that the following item be removed from the Consent Calendar for discussion: 1) Item 1-F APPROVAL OF BASEBALL IMPROVEMENTS AT AMERICAN. NATIONAL LITTLE LEAGUE AND PONY BASEBALL ORGANIZATION BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes June 19, 2002 Page 3 2) Item 1-H APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE AND SOLICIT BIDS FOR THE TEEN CENTER AND SKATE PARK, CIP 829 A motion was made approve Consent Calendar Item Nos. A-R with the exception of Items F, G and H) as presented, and as follows: MOTION: Coundlmember Gair SECOND: Coundlmember Garcia Motion Carried MINUTES 610-40) The minutes of June 5. 2002 Study), were approved as presented. CLAIMS AND DEMANDS 300-30) Further reading was waived, read by title only and Resolution No. 2002-055 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK" was adopted. Councilman Bill Van Cleave abstained on all warrants to Mr. Bills Hardware financial conflict of interest). TREASURER'S REPORT FOR THE MONTH OF MAY, 2002 320 20) Report was received and filed. CLAIM REJECTION DANIEL J. MONTANEZ 01 012A) AND ANTHONY GUERRERO(01 005A) 170-70) The City Council rejected the claims of Lydia Gonzalez for Daniel J. Montanez. a minor 01 012A); and Anthony Guerrero 01 005A). Staff was directed to send the appropriate notice of rejection to claimants. ORDINANCE AMENDING SECTION 153.167(T) OF THE CITY'S ZONING CODE TO INCLUDE AUTOMOBILE WASHES AS A CONDITIONAL USE WITHIN THE C-2, GENERAL COMMERCIAL ZONE; APPLICANT; VARTAN GHARPETIAN; CASE NO.: AZC-147 440-40) Further reading was waived, read by title only and Ordinance No. 1188 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AN AMENDMENT TO SECTION 153.167 OF THE CITY'S ZONING CODE TO INCLUDE AUTOMOBILE WASHES AS A CONDITIONAL USE WITHIN THE C-2, GENERAL COMMERCIAL ZONE APPLICANT: VARTAN GHARPETIAN; CASE NO: AZC-147)." was adopted on second reading. APPROVAL OF CONTRACT EXTENSION WEST COAST ARBORISTS 600-30) BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes June 19. 2002 Page 4 The City Council extended the terms of the existing contract with West Coast Arborist to June 30. 2003. The new rate adjustments based on the CPI were approved and the Mayor was authorized to execute the Agreement. AWARD OF CONTRACT FOR THE CONSTRUCTION OF FY 2001-02 ISTEA STREET IMPROVEMENT, CIP 801 GOO-AO) The City Council awarded the contract to Gentry Brothers, Inc., in the amount of $291,919 for the construction of FY 2001-02 ISTEA Street Improvement, CIP 801. The Mayor was authorized to execute the Agreement. Staff was authorized to carry over this project to FY 2002-03. Director of Public Works was authorized to execute any necessary change orders during construction in an amount not to exceed fifteen percent 15%) or the original contract amount. REQUEST FUNDS FOR ADDITIONAL WORK TO THE COMMUNITY CENTER SWIMMING POOL RENOVATIONS, CIP 750 330-20) The City Council appropriated $9.700 from Proposition 12 funds 127.57.5703.903) for the additional work to the Community Center swimming pool and authorized funds to be carried over to the 2002-03 fiscal year. AWARD OF CONTRACT FOR JANITORIAL SUPPLIES 600-30) The City Council awarded the contract to Waxie Sanitary Supply in the amount of $47,894.36 forjanitorial supplies. The Mayor was authorized to execute the Agreement. RESOLUTION AUTHORIZING LITIGATION CHALLENGING THE TRASH TOTAL MAXIMUM DAILY LOAD TMDL) FOR THE LOS ANGELES RIVER AND APPROVE A RETAINER AGREEMENT WITH RUTAN AND TUCKER FOR LEGAL REPRESENTATION SERVICES 600 30) Further reading was waived, read by title only and Resolution No, 2002-059 entitled. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE FILING OF A LAWSUIT IN STATE COURT AGAINST THE LARWQCB AND THE SWRCB AND A LAWSUIT IN FEDERAL COURT AGAINST THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY EPA) CHALLENGING THE TRASH TOTAL MAXIMUM DAILY LOADS FOR THE LOS ANGELES RIVER." was adopted. The Director of Public Works was authorized to sign the letter received from Rutan and Tucker, LLP to represent the City of Baldwin Park as a part of the Coalition for Practical Regulation CPR) to pursue litigation and other legal actions to challenge the current NODES and Tad's permits. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND THE BALDWIN PARK UNIFIED SCHOOL DISTRICT FOR USE OF THE CITY'S POLICE DEPARTMENT RANGE FACILITY 600 60) BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes June 19. 2002 Page 5 The City Council approved the Memorandum of Understanding between the City of Baldwin Park and the Baldwin Park Unified School District for use of the City of Baldwin Park Police Department range facility. The Chief Executive Officer was authorized to execute the Agreement. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OP BALDWIN PARK AND THE CITY OF IRWINDALE FOR USE OF THE BALDWIN PARK POLICE DEPARTMENT RANGE FACILITY 600-60) The City Council approved the Memorandum of Understanding between the City of Baldwin Park and the City of Irwindale for use of the Baldwin Park Police Department range facility. The Chief Executive Officer was authorized to execute the Agreement. ORDINANCE AMENDING CHAPTER 93, SECTION 93.53(A) OF THE BALDWIN PARK MUNICIPAL CODE ESTABLISHING A NEW FILING DEADLINE FOR THE SUBMISSION OF APPLICATIONS FOR FIREWORKS SALES PERMITS 640-20) Further reading was waived, read by title only and Ordinance No. 1187 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CHAPTER 93. OF THE BALDWIN PARK MUNICIPAL CODE, SECTION 93.06. APPLICATION FOR PERMIT; INFORMATION REQUIRED). ESTABLISHING A NEW FILING DEADLINE FOR THE SUBMISSION OF APPLICATIONS FOR FIREWORK SALES PERMITS," was adopted on second reading. AUTHORIZATION TO ADVERTISE AND SOLICIT PROPOSALS FOR THE PURCHASE OF FIVE 5) FIXED-ROUTE TRANSIT BUSES 850 20) The City Council authorized staff to advertise and solicit proposals for the purchase of five 5) transit vehicles for the fixed-route service. RESOLUTION AMENDING THE SALARY RANGES FOR CONFIDENTIAL EMPLOYEE GROUP; PROFESSIONAL AND TECHNICAL EMPLOYEES' ASSOCIATION; S.E.I.U LOCAL 347 CLERICAL AND MAINTENANCE EMPLOYEE GROUPS; MANAGEMENT EMPLOYEE GROUP; POLICE OFFICERS' ASSOCIATION SWORN AND NON-SWORN UNITS; AND POLICE MANAGEMENT ASSOCIATION 70020) Further reading was waived, read by title only and Resolution 2002-052 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION 2001-115 A BASIC SALARY PLAN FOR THE EMPLOYEES OF THE CITY OF BALDWIN PARK Confidential Employee Group. Professional and Technical Employees' Association. S.E.I.U Local 347 Clerical and Maintenance Employee Groups; Management Employee Group, Police Officers' Association Sworn and Non-Sworn Units; and Police Management Association)." was adopted. BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes June 19. 2002 Page 6 CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION APPROVAL OF BASEBALL IMPROVEMENTS AT AMERICAN, NATIONAL LITTLE LEAGUE AND PONY BASEBALL ORGANIZATION 920-70) Mayor Pro Tern Garda stated that the City is moving forward with the funding for the improvements of the little league fields in the City of Baldwin Park. She thanked staff for their work and dedication. A motion was made to approve the proposed improvements and appropriate $313.500 from the special Youth Related Services Reserve account in the General Fund, to account 100.53.5020. MOTION: Mayor Pro Tern Garda SECOND: Coundlmember Gair Carried APPROVAL OF USER AGENCY AGREEMENT WORKFORCE INVESTMENT ACT 600-60) Coundlmember Gair requested that this matter be held over until after discussion of related item on this agenda. A motion was made to approve a User Agency Agreement with Mid San Gabriel Valley Consortium and authorized the Mayor to execute the necessary documents. MOTION: Coundlmember Gair SECOND: Coundlmember Van Cleave Carried APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE AND SOLICIT BIDS FOR THE TEEN CENTER AND SKATE PARK. CIP 829 600-40) Mayor Pro Tern Garda stated that the City is moving forward with the construction of the Teen Center and Skate Park. She further stated that this project will be a great benefit to the teens in the community. Coundlmember Pacheco thanked staff for their hard work and for expediting this project. A motion was made approve the plans and specifications and authorize staff to solicit bids for the construction phase. MOTION: Mayor Pro Tern Garda SECOND: Coundlmember Gair Carried PUBLIC HEARING PUBLIC HEARING TO CONDUCT ELECTION AND RECEIVE BALLOTS FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2002-03 360-30) BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes June 19. 2002 Page 7 Director Sanchez presented the report as follows: This report requests that the City Council hold a public hearing and take public input for the property owners' election to increase the Park Maintenance Assessment District rate. As a result of Proposition 218, residents of Baldwin Park approved the formation of the Citywide Park Maintenance Assessment District in 1997. An increase to the assessment rate, established in 1997, requires property owners' approval. On May 1. 2002. the City Council approved the Engineer's Report and set a date for a public hearing for this same date. for the election by property owners to approve or is approve a rate increase. The following is a list reports and materials leading up to this public hearing: 1) Report dated May 2. 2002. notice to property owners and ballot for rate increase; 2) Report and Resolution dated May 1, 2002. to create a Park Maintenance Assessment District Overlay; and 3) Report dated May 1. 2002, Assessment Engineers Report establishing the proposed rate. It is requested that City Council open the public hearing and take public input. The election will be deemed conducted by officially receiving the ballots and declaring the time closed in which to receive ballots. The ballots will be counted the following day by City staff, the Assessment Engineer, and City Clerk staff by using an electronic bar code process provided by the Assessment Engineering firm. All ballots returned will be accounted for by using the bar code and results of the election will be tabulated electronically. The results of the ballots will be presented to the City Council at the July 3, 2002. meeting for approval and ratification. Mayor Lozano declared the public hearing OPEN for public participation. OPPONENTS The following persons spoke in opposition to the Citywide Park Maintenance Assessment District fee increases: Ms. Leora Richards; Graciela Quinones; Sebastian Castaneda. and Levi Richards. There was no one else wishing to speak, therefore Mayor Lozano declared the public hearing CLOSED. City Attorney reaffirmed the comments of Councilmember Gair stating that this election process was provided to the voters by the City Council. The voters will determine if whether or not an increase to the assessment is approved. BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes June 19, 2002 Page 8 By Council consensus, the election was conducted and the time for receiving ballots was closed. REPORTS OF OFFICERS INTRODUCTION OF ORDINANCE AMENDING TITLE XIII OF THE BALDWIN PARK MUNICIPAL CODE REPEALING SECTIONS 130.70 SATURDAY NIGHT SPECIALS- SALE PROHIBITED) AND 130.71 SALE OF AMMUNITION CLIPS AND SIMILAR DEVICES PROHIBITED) 580-70) A motion was made to waive further reading, read by title only and introduce for first reading, Ordinance No. 1189 entitled. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING TITLE XIII GENERAL OFFENSES) OF THE BALDWIN PARK MUNICIPAL CODE BY REPEALING SECTION 130.70 SATURDAY NIGHT SPECIALS-SALE PROHIBITED) WHICH PROHIBITS THE SALE OF CERTAIN FIREARMS AND THE REPEAL OF SECTION 130.71 SALE OF AMMUNITION CLIPS AND SIMILAR DEVICES PROHIBITED) WHICH PROHIBITS THE SALE OF CERTAIN FIREARM DEVICES." MOTION: CouncilmemberVan Cleave SECOND: Coundlmember Gair Carried MULTI-FAMILY RESIDENTIAL MORATORIUM UPDATE 440.40) At the request of Mayor Lozano, this matter was tabled to July 17. 2002. There were no objections. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 74, OF THE BALDWIN PARK MUNICIPAL CODE ESTABLISHING A PARKING SCHEDULE FOR TWO- HOUR STREET PARKING LOZANO DRIVE. PACHECO DRIVE. AND COURT DE LA GAIR) 820-95) A motion was made to waive further reading, read by title only and introduce for first reading, Ordinance No. 1191 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CHAPTER 74 OF THE BALDWIN PARK MUNICIPAL CODE ESTABLISHING A PARKING SCHEDULE FOR TWO-HOUR STREET PARKING." MOTION: Coundlmember Gair SECOND: CouncilmemberVan Cleave Carried COUNCIL / STAFF REQUESTS AND COMMUNICATIONS REQUEST BY MAYOR PRO TEM GARCIA AND COUNCILMEMBER GAIR FOR DISCUSSION OF THE MID-SAN GABRIEL VALLEY CONSORTIUM After lengthy debate and comments by each Coundlmember, a motion was made to request an outside audit and investigation of the Mid-San Gabriel Valley Consortium. City Attorney was requested to review the city's Agreement with the Agency. Staff was directed to provide an update at the Council meeting being held July 2, 2002. BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F "City Council Minutes June 19, 2002 Page 9 Councilmember Pacheco excused himself from dais and left the meeting at 9:50 P.M. REQUEST BY COUNCILMEMBER GAIR FOR DISCUSSION AND CONSIDERATION REGARDING CHANGING THE DATE OF THE JULY 3, 2002, CITY COUNCIL MEETING TO TUESDAY, JULY 2, 2002 By Council consensus, the meeting of July 3, 2002 was changed to Tuesday, July 2. 2002. REQUEST BY COUNCILMEMBER PACHECO FOR DISCUSSION OF: 1) FORMATION OF A FORMAL TRAFFIC COMMITTEE TO RESPOND TO RESIDENT TRAFFIC RELATED CONCERNS: 2) ADDRESSING ICE CREAM TRUCK SAFETY REGULATIONS; 3) ICE CREAM TRUCK SAFE STOP LOCATIONS; 4) MID-SAN GABRIEL VALLEY CONSORTIUM OUTREACH PROGRAM UPDATE; AND 5) THE CITY OF BALDWIN PARK RECOGNIZING MATRICULATION CONSULAR CARDS ID'S ISSUED BY MEXICAN CONSULATE) Councilmember Pacheco was not present therefore, these matters were not discussed. Councilmember Gair reminded the Council of their shared goal of not leaving a Council meeting angry at one another. Mayor Pro Tern Garcia expressed disappointment with Councilmember Pacheco for his abrupt exit from the meeting. ADJOURNMENT There being no further matters for discussion, the meeting was adjourned at 9:55 p.m.. to Wednesday. June 26. 2002. at 6:30 p.m.. in Room 307. Approved by the Council at their meeting held August 7, 2002. Rosemary M. Raniw^z, CMC Chief Deputy City Clerk BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F "COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 JUNE 19. 2002 WEDNESDAY 7:00 P.M. EXCERPT VERBATIM TRANSCRIPT OF JUNE 19, 2002 CITY COUNCIL MINUTES Tape Position: 1999-3503 Mayor Lozano 1999): At this time point we jump down to item 4 which is the Council Staff Request and Communications. The first one is a request by Mayor Pro Tern Garda and Councilmember Gair for discussions of the Mid-San Gabriel Valley Consortium. Alrighty. Who's gonna be... Mayor Pro Tern Garcia 2003): Thank you Mayor. Mayor Lozano 2004): Thank you. Mayor Pro Tern Garcia 2005): Thank you Mayor. I'm gonna read what I wrote because I want to make sure that I'm going to express everything that I've been thinking about this whole Mid-San Gabriel Valley Consortium. In the light of the recent activities that have occurred at the Mid-San Gabriel Valley Manpower Consortium and based on personal, unpleasant experience I had with the former Director of the Consortium, I requested this item on our agenda for discussion, not for consideration of withdrawal from the program. I'm disappointed to see that many of you, if not all, have been mislead and misinformed over this issue. But then again, considering the facts that have been brought to light over the falsification of records resulting in monies owed to the County, monies that should have been used and invested in the communities this programs serves. I am not surprised that the misleading and misinformation continues. There is no question in my mind that this program has created some very positive outcomes for many of... many of them... many of you and based on your testimonials here this evening, it reconfirms the purpose of the program. My concerns are related to the management of the program. In my own personal unpleasant experience I mentioned to you earlier, I had the unfortunate need to contact the formal Director... former Director of the Consortium to request, and I emphasis request, the minutes of the Board meetings and payroll reports. I was rudely treated by this Director and when I informed him that I didn't appreciate his derogatory manner of speaking to me. his response to me was that I didn't even know the meaning of the word but he wouldn't get into a debate to me. Now he speaks to me in that manner, being an elected official for one of the cities this program services, I can only cringe to begin to imagine how he has treated our residents and not to begin to mention the employees of the Consortium. Those of you who are business owners or seasoned business people understand that when a business fails or is in conflict it is a reflection of the inept and ineffective leadership. The buck stops there. If you know the purpose that...that was invented was to...to reflect on the...on the leadership. When you have leadership that engages in questionable hiring practices, setting emergency meetings which conflict with council meetings, which in my perception, raises significant red-flags and creates disgruntled employees, what else would you expect. Now if these are petty political reasons. I'd hate to see extremely serious reasons. I hate to say this but it has reached BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F "City Council Minutes June 19. 2002 Page 2 the point of potential corruption. In the end. the ones who are affected by this are our residents who are in great need of this program. Indirectly affected, or I should probably directly affected, are the... by these issues, are the employees of the Consortium. I had an opportunity to have a conversation with the interim Director. Mrs. Haro and I don't know if she's here tonight. Are you here? Response from audience 2061): Yes I am. Mayor Pro Tern Garcia 2162): Okay. I had an opportunity to speak with Mrs. Haro a couple of days ago. It was a pleasure meeting you. She shared with me her beliefs and her views of the Consortium and I totally agree with you, it's a great program. I have supported the program way back when I was a Commissioner for the Parks and Recreation because I know it's a great benefit and impact for our youth here in the community. But it concerns me when I hear that individuals who come to receive service at the Consortium, individuals that are in need of the program, are in need of work, are in need of making more than the minimum wage. these individuals are then counseled or..or led by individuals who I believe are at the same level they are. Individuals that are not, I believe, qualified for these positions. I question the practices of hiring these... these individuals. Now it... it really raises a red flag because these individuals some of them who are have....were unemployed prior to being employed by the Consortium, come in making $50 grand a year. And how do you justify for those individuals seeking assistance, that you were able to hire someone without the education, without the experience of ever being, for instance, a case manager, to come in a do that job? It's totally and completely unfair. How can you counsel individuals in that field when you have no experience in that field? When you bring in Directors who are also inexperienced or... or ineffective in managing the Consortium the reason you have conflict within the employees is for that same fact that you have ineffective and inept manager or administrators running this program. These are federal funds and it is our concern and we need to get involved as elected officials because this is going to affect our residents. This has been such a...a heart breaking and...and really stomach turning experience that we're...we're...we're having here with dealing with all these issues. If they're petty political reasons, well then yes, I have over what, I have 4 Million petty reasons why I should be concerned about this because its 4 Million dollars that are targeted to serve our residents and they are not. The fact that they have to pay back the County and this money should have been used for our residents. That definitely concerns me. So I just wanted to make sure that you all knew that this was not an intention to pull from the program. That this is an intention to discuss the issues that are affecting the cities that this program services. Thank you. Mayor Lozano 2113): Thank you very much. Councilmember Gair 2114): I wanted to explain my reason also for requesting this and to compliment those individuals that had the courage to call and to report things that were of great concern to them relative to the Consortium. And those people are not just anonymous nobody's. They're people that I've known for years that you can go to the bank with their integrity. Mr. Pardo, I'd like to say to you that the Mayor has the right to call a special meeting anytime he so desires and the right to set the topic and I don't think he should have been personally attacked for that. And according to law, if a newspaper requests to receive the announcements of meetings, we are obligated as a BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F 2002 06 19 CC MIN;¢f4©F "City Council Minutes June 19. 2002 Page 4 conduct or provide direction for them to take certain action. If the.. any city could make a request for audits, could make a request for follow-up information, both individually as a Councilmember, I think it's appropriate, and those honor...those requests should be honored, if not, because you are a Councilmember, certainly under the Public... Public Records Act. And so there are a variety of options that the City Council's of any City coutd do. Councilmember Pacheco 2287): Mayor? Mayor Lozano 2288): Yes, Councilman Ricardo Pacheco. Councilmember Pacheco 2288): I just want to point out inaudible) that we do have, there is a Board that serves as you've indicated, for the Consortium. The Mayor and I have sat on this Board. There are a number of issues that have come up and the reason that they've come up is because the Board has taken action and has asked for the investigations that a lot of you are talking about and there is an audit that was done that brought to light, a lot of the issues that...that are coming out in... in the paper. And there's investigations going on right now as we speak, as to a number of the issues that... that a lot of you have brought up. So I know that the Mayor, myself and the Board felt that the prior administration under Ron Crosley. didn't provide and wasn't keeping us updated on a... on a lot of the information that we needed to know about the problems about the auditing issues that we have and I think when a lot of us felt that our community wasn't being served and that the reports weren't reflective of what we were experiencing in our community, that the Board as a whole took action to begin to terminate the executive Director and begin a search for a new one so we had a search firm that came and hired a new executive Director. And that executive, is my speaker on? The Dir... Director then began to inform the Board as...as we had requested, and I know that Mayor Lozano, myself, the Vice-Chair Raul Pardo and anoth... Rachel Monies and other Board members began to ask for the auditing reports, began to ask the questions about the performance measures of the Consortium. We began to question them and those issues were...were...were coming to light and we began to have the Executive Director to address a number of those issues. And, there's a number of improvements that have gone on. A lot of things that I requested began to take place. A lot of the types of outreach activities that I wanted to see began to transpire. Recently we had a Veteran's day, where we had a number of companies out at the Consortium and a lot of our services... services representatives were out there and they addressed a lot of the issues that we need to inform our residents about the services that we have. I know if you look at the...the enrollment for the different first 6 months of the year, and you have to take into consideration that the new administrator, the new Director, came in at about January of this year. A lot of the issues that Councilman Garcia calls as corruption, was prior to that, that were done in different fiscal years prior to this one. I think a portion of them happened in the first half of this fiscal year. But if you look at the...the clients that are being enrolled today, it's...its already improved quite a bit. It's improved in the area of adutt and low income. What we have seen is some improvement in the dislocated workers. We've gone from very few enrollments, what I have here is a record of 16 up to 82 in... in the fiscal year now to present. We've gone from the first half of the fiscal year of 34 up to.. to 92. We've also already seen that the former Executive Director did outreach to a number of corporations such as UPS. Home Depot, the U.S. Postal Service, Downey Savings, Charter Communications, to put BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes June 19, 2002 Page 5 together a training program where people would go to the Consortium, get training and then they could get job... placed in any of these different corporations at no cost to the City of Baldwin park and through the funding that the federal government has. So those things weren't being done previously and they're being done now. I think that the information that...that we wanted from the audits, from performance of the employees. was starting to come up to light and we began to address a number of those issues. The recent audit statement came out I think in about May so we're looking at addressing some of those auditing issues. There were a number of other activities that we did. we had different mixers that were attended by Consortium to talk about the outreach efforts. We had...they've also attended a lot of chamber activities with the Hispanic Chambers. local Chamber of Commerce from the San Gabriel Valley. They participated in a lot of different job fairs in the community. Another project that I was trying to promote was to be able to come to the city of Baldwin Park with a satellite office, not only in Baldwin Park but the different cities that we represent, to bring those kinds of services that we have. One of the big improvements that we're having now and that we're going to have a grand opening soon, is we*re now working with EDO which is probably known to most of us as the unemployment office. But they joined as. it's called now. it's a one-stop. and it's the Mid-Valley Consortium with the EDD and if you go and visit the facilities and look at the state-of-the-art facilities that we have and the expansion that we've had. we've tripled in size. So if you look at that, those are all the improvements that we're having. There's more computers available to the clients, I think it almost tripled in size and a number of other services that are available. You know also be looking at the fact that the outreach programs that we have for our youth are extremely important and as you know many individuals came to speak on that behalf. So you know my point being is that you talk about that there's falsification, corruption, and all these other issues, that was in the past and this Board brought those issues to light and we're addressing those issues. You know all the information that you want. I've been talking to each of the Councilmembers to give you any information that you want and I think that I've addressed or tried to address the questions and tried to get the information that a number of you have asked for and I brought rt to you. I'd like to also give you an audit report so you could read it so you could have a better understanding of the issues that we have in the consortium. So I think that we are serving the public we are moving forward. I think that we need to continue working together. I know that the Mayor did want to, I'm assuming, pull out of the Consortium because there was a special notice for that addressing that issue. I'm not clear what the motive was for that notice to go out and then following I read in the paper that a number of you wanted to pull out of the Consortium. Linda Gair has indicated a possibility of that. I think that would be a tragic mistake for us to get out of that Consortium without addressing at least first, all the issues that we have. So I think we as Board members have done our job, have worked hard and are promoting the Mid-Valley Consortium where we're addressing a lot of difficult issues that are confronting us but I think sometimes when you change things, you know. change is hard, so it's hard to move forward sometimes. People don't like change. People don't like something that's different. And when you're promoting something different, a lot of people react to that and cause they don't know where we're going with it or what direction that we're headed. I know that difficult is change, kind of like the cold weather, when it goes from hot to cold I know a lot of us don't like it. When you move from one neighborhood to the other one, there seems to be change and what not and the change is what lies ahead for us. And I think that there's change in the Consortium. There's change that's positive and it's gonna move in a positive direction BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes June 19, 2002 Page 6 and I think that we need to continue to move that. So I so disagree with some of the statements that were made in the paper, some of the statements that were made by Councilwoman Garcia and Linda Gair. I think that we need to stay a part of the Consortium. We need to move forward with it. We need to continue to make the changes that we have and I think that we as Board members we have moved the Consortium forward, brought these issues to light and we're addressing. So with that I'd like to recommend that we stay there. We're open to giving more information about the Board. We as a Board are having a meeting tomorrow and I think that the issues that a lot of you present are about personnel issues can be addressed there to the Board and we as the Board can address them at that point. Councilmember Van Cleave 2492): Mayor? Mayor Lozano 2492): Yes, Councilmember Bill Van Cleave. Councilmember Van Cleave 2493): I'm stilt not comfortable with the results. First of all you both represent us there. I don't know inaudible) investigation going on on the Board wrth it there. Who is doing the investigation? Councilmember Gair 2495): Yeah, who is it? Councilmember Pacheco 2496): The County. The County did an audit report. Councilmember Gair 2498): No, but new. New. Councilmember Van Cleave 2498): Who did they get anybody from the county, Gloria Molina. who's doing that? I mean she. I wouldn't trust her to do...we need a report, first of all its off the agenda of what was said there, but there's some other inaudible). We need to really make sure that we are sound here and we're not wasting our money, we're not hurting these kids. We've been told inaudible) 4 years the whole time there. If there was any doubt inaudible) program going on there, I would inaudible) I'm sure there, to try to make some changes inaudible). Is this program worth saving inaudible) by separating the park inaudible) I would call as a councilman of the city of Baldwin Park, I'd like to call for an investigation of this program inaudible). Councilmember Pacheco 2522): So you would like the staff to go over and ask questions of the Consortium? Councilmember Van Cleave 2524): inaudible) staff, our lawyers inaudible) Councilmember Pacheco 2525): Well took Bill, I'm open to any... I mean, there's an investigation there. The County is there. The County is looking into a lot of issues. Councilmember Van Cleave 2527): inaudible) Councilmember Pacheco 2528): Well. yeah I know and I have audit reports that I could provide to all of you. the findings that have occurred, that the number of employees, I think that it was stated in the paper, didn't properly fill out a lot of the forms; didn't properly make people eligible for the programs. BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes June 19, 2002 Page 7 Councilmember Van Cleave 2535): inaudible) Councilmember Pacheco 2535): Ok, well. I think...Yeah right...! think it's difficult. Let me tell you something. I think Bill. that is difficult... Mayor Lozano 2538): Hold on. Ricardo, let him speak. Councilmember Van Cleave 2538): inaudible) properly there, was it inaudible). that's when you're gonna get into trouble there. This bickering back and forth is wasting time now for the summer camps coming up there. We need to get these kids moved on there. I don't care about any of that there. I care about what's the safety of the kids; what's the safety of the program there and what are we spending money on. Councilmember Pacheco 2548): Well the kids are safe Bill because they're gonna be working here in Baldwin Park. The Consortium provides the funds to pay those kids and that's a savings to the city and the thing is that instead of you and I bickering about this, you and I could be going to the County and asking for a hell of a lot more money because I know that hub cities for example, who's in the southwest part of Los Angeles, gets 14 Million dollars for this same program. 5 cities. 14 Million dollars to run a similar program. And we're only getting 5 Million and I think instead of you and I bickering about this, we can be going to the county and asking for a lot more money Bill. It's difficult for you to sit here and address these things unless you go to the Consortium. I could show you the information that's there. Councilmember Van Cleave 2565): I would've liked to inaudible) for 4 years inaudible). Councilmember Pacheco 2565): Right. I think that I'd like to take you there and see the Consortium so that you could see the facilities that are there. You could meet the staff and you could see the direction that we're all going in. We're having a Board meeting tomorrow and I invite you to attend. I know a lot of us are on a lot of different Boards and that's why it's difficult to follow on all the information that's going on because you've got. you know you've got COGS, you've got the Economic Development. Councilmember Van Cleave 2576): inaudible) Councilmember Pacheco 2576): Right, there is a lot of Boards that all of us are on and it's difficult to keep track of all that but this is one organization that is very strong asset to the community that I would just hate to see a decision made that...that doesn't warrant more...further involvement from all of you so I invite you to come to the Consortium. I'll give you all the information. Councilmember Van Cleave 2586): inaudible) I would like to s»t inaudible) I'm pretty good with numbers as you know but I don't think by going to 1 or 2 meetings that I could do a proper investigation and come back here and tell this Council that I'm comfortable on this, I know I couldn't. You know, I would have had to spend some time on it to know of everything that is going there inaudible) spent there, what was their powers. You BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes June 19, 2002 Page 8 know there's a lot, a lot of time that's why I say I believe one of them should always be the Mayor and the other should be the Mayor Pro Tern that way inaudible) 4 years inaudible). But we... I just... I think the county should investigate... should have had an investigation sooner. This is that simple. You know Gloria Molina's got plenty of surplus going in there. She could at least straighten out a little bit there and hire a private investigator, no politics, no nothing, and let's make the program... Councilmember Pacheco 2607): Bill, the County investigated and it has its findings. You could read the findings and its asking the Consortium to comply with the issues that are going on and that's where we're at right now. We're complying on providing you with the audit reports so you could read and look at the findings. A number of other Consortiums, it's not just... we'll it's not just... this Consortium is being singled out but a lot of Consortiums have issues with conformity with the different contracts that we have. It's not just this Consortium, it's the other ones too. Councilmember Van Cleave 2620); Are we in danger position what do inaudible) Councilmember Pacheco 2621): Are we in a what? Councilmember Van Cleave 2623): inaudible) Council request inaudible) assure that it's investigated. Councilmember Pacheco 2624): Well I think that the Tribune in today's. I mean it talks about it. It talks about the issues if you read this one, I sat with Karen Rubin. I went through. I gave her the report. I called her. I told her a lot of the information that's here. I mean there's nothing to hide, it's all here you can read it in here. It talks about it. A lot of the people that came up here have talked about a lot of the issues that were going on. I mean I invite you to go to the Consortium; I'll give you a tour; I'll give you all the information... Councilmember Gair 2633): That doesn't answer questions. Councilmember Pacheco 2635): that you want to ask. Councilmember Van Cleave 2635): inaudible) I'm very concerned about the program there inaudible) it's a great program. I just want to make sure we're not missing the boat and it's gonna fall apart 6 months down the road and then oh, we should have caught it then. you know, inaudible) it's not like inaudible) pass the buck or the county's gonna do something don't worry about, just don't worry about it the county's gonna take care of it I worry about the county taking care of it. What is our needs and what is the dangers here to the City of Baldwin Park, our youth in Baldwin Park there. What time inaudible) middle of summer, ending of summer, next year. We have more problems thinking of not building the camp this year you can't afford to send them this year inaudible) Councilmember Gair 2651): This doesn't have to do with the camp. Councilmember Van Cleave 2652): there^ a lot of things inaudible) These are the things I really get pressured about because of the inaudible) besides the rest of the BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes June 19. 2002 Page 9 taxpayers there but the ones that are affected the most are the ones need the program and so we just need, we need, I think we need to get a little bit more, if nothing more. I'd like to call for an investigation to find out what kind of investigation is going on and what's involved. At least we can find out... Councilmember Gair 2661): Well I would concur with that in calling for an outside investigation that it is not done by the Consortium. I'd like to see an outside audit. Councilmember Pacheco 2668): There was an outside... Councilmember Gair 2668): I don't care Ricardo that there was one in May. Hon, I'm talking about going back and getting somebody. I don't want to hear that another administration screwed up. That's an excuse. Tell us what you saw from January through the new administration that you're talking about. Tell us... Councilmember Pacheco 2678): I just talked about that, I just told you about that... Councilmember Gair 2678): I know... but you can... what happens with this is every time that you guys are confronted you tell us programs. And we aren't questioning your programs. You're programs are excellent. Mayor Pro Tern Garcia 2683): Thank you. Councilmember Gair 2683): We're not questioning that you're going with EDD and OPA and CIT and everything else. That's not what we're questioning. We're questioning the practices of your Director. The things that they did without your permission as a Board. Where is the paper trail that shows you posted meetings you said were...were called. Where is the paper trail that shows you notified all your Board members to come to that. Show us... I mean don't tell me verbally. Councilmember Pacheco 2697): All the meetings were posted in the minutes...! could get you all the minutes if you want to see all the minutes... Councilmember Gair 2699): No. I want to see the postings. I want to see your proof of publication. Councilmember Pacheco 2700): You can see them. You can see the postings too. It's all there, the City Council... Councilmember Gair 2700): I want to see your proof of publication. But Ricardo Mayor Pro Tern Garcia 2702): And explain as the Chairman, why you would call a meeting, a special meeting on the same night you have a city council meeting here for the City of Baldwin Park. Councilmember Pacheco 2705): I'll. I'll explain that. Mayor Pro Tern Garcia 2705): Explain that one to me because when does Baldwin Park come second to the Mid-San Gabriel Valley Consortium? BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes-June 19. 2002 Page 10 Councilmember Pacheco 2706): Let me explain that... I've been trying to call. trying to call for a meeting for the last month. For one reason or another... Mayor Pro Tern Garcia 2709): And it happens to be on the same night we have a city council meeting here? How convenient. Councilmember Pacheco 2709): Well you know what that was the only time because first Mayor Pro Tern Garcia 2710): How convenient. Councilmember Pacheco 2711): there was Contract Cities, there were a lot of other... Mayor Pro Tern Garcia 2711): The Consortium is more important than the City of Baldwin Park... Councilmember Pacheco 2712): things that came up okay, so I did call everybody up and did try to make a meeting. I finally got...was able to get a quorum. A lot of them went last week, they went to the Edison summit that was up in South... Northern California okay so there was a number of reasons why I couldn't get a quorum together. I have a meeting tomorrow to address all these issues and that was something that I know Mayor Lozano. I called him several times to find dates to meet and I couldn't pull together a quorum and finally I got one for Thursday. Councilmember Gair 2725): Well the Brown Act allows you to mail to your Board Members, listing those that you mail to. It's supposed to be done by certified mail and by another letter and you have to know that those people received... Councilmember Pacheco 2731): And we did that and yesterday... Councilmember Gair 2731): Then okay, then you've got the paper trail on the certified envelopes... Councilmember Pacheco 2732): Tomorrow's meeting...! mean the Thursday was... Councilmember Gair 2732): Tomorrow's meeting should have happened 2 weeks ago... Councilmember Pacheco 2733): It should have, it didn't, because nobody was available at that time okay... Councilmember Gair 2734): And if Ricardo hadn't called that special meeting, it stilt wouldn't be... Mayor Lozano 2734): Hold on, let her... BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes June 19, 2002 Page 11 Councilmember Pacheco 2734): Nobody was available so I didn't have it... Councilmember Van Cleave 2736): Mayor? Mayor Lozano 2736): Alright, hold on... Councilmember Pacheco 2736): The meeting for Thursday was faxed, was Federal Expressed. I wanted to make sure that everybody got one I mean... Mayor Lozano 2739): You know I just want to...are you finished now? Okay, I just want to first of all, Ricardo Pacheco, both you and I have been friends for many, many, many, years. Both you and I have gone through good times and bad times and I respect your family as you respect my family. And we talked from the beginning that I went out to recruit you to become a candidate for this council that you and I were probably going to have our ups and downs and we have and I think all of us here together had been a team for the City of Baldwin Park and that's a priority. Now, your introduction explaining everything was awesome. I gotta compliment you. They were really on a professional level but the first one when the kids were here that was uncalled for. This is not about removing a program. You and I know that. The fact that that we used the kids to justify, that's wrong... Councilmember Pacheco 2759): Manny, no Manny...you put out the special notice... you put out the special notice and the community knew about it. I know but I just want to correct the fact that you put it out... Mayor Lozano 2673): And I will... I will... I will address that okay. It is wrong to use, to utilize the youth like they were done today because that is totally wrong. Let me tell you. I've had so far 6 separate meetings with different residents and I've also had calls from individuals who did not want to show up here but they were called by employees of the Consortium. That is wrong. That is wrong. That is unacceptable at every level. And I've met with many teachers who also commented, I will not mention the name. one of them is here tonight, given them misinformation about the City of Baldwin Park. Ricardo you mentioned both you and I are representative of which we are. And I want to compliment you because you did mention that there was. that whatever corruption that happened in the past. We are basically a symbolic group of individuals, whether you're the Chair or whether you're the Vice-Chair and I understand that. But tonight, to have all these kids here, and I'm not saying you, but someone misled those kids. Let me show you the form that was given by the first gentleman that's here sitting here right now. This was dated, okay, this was dated for a...hold on...June 6th. today's the 19th. Now the ones that called me and the parents that I met. I discussed this 2 days after and let them know what was going on and why was the Mayor of the City of Baldwin Park taking this action. Ricardo as you know. June 6th when you called that same meeting, it was a city council's meeting. You knew that. And I know you didn't want me there for a reason but I'm not gonna blame you okay, I'm not gonna blame you. That is wrong. I am the Mayor of the City of Baldwin Park. I have been appointed by my peers both you and I to represent the City of Baldwin Park but to do that to me was nasty... nasty because I am a representative of this city. Therefore, the kids of Baldwin Park were being denied the right to be heard by the second representative. Both you and I talked, I know you mentioned that I didn't return you calls, both you and I were BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes June 19,2002 Page 12 playing back and forth, the only way I got you to return my call was when I said I was gonna call a special. Now let me read, ladies and gentlemen, so that you know what it says on here: Notice is hereby given that a special meeting is hereby called to be held on Thursday. June 6. 2002. at 3:00 p.m., at City Hall, 14...well the address whatever; 3rd Floor. The special meeting shall be for the purpose of discussing the withdrawal of the City of Baldwin Park from the Mid-San Gabriel Valley Consortium. Now this was not to drop the program, it was discussion and that's what needed to be said. The unfortunate part, I have to say one thing... I'm so happy that I've met with several teachers, of which one of the staff members there gave misinformation, they provided over 40 people, residents and youngsters, actually 2 of them were here tonight. I wanted them to witness what was going on here tonight and they didn't want to come but they showed up anyways. And I told them what happened and what has occurred. It's not about the program. The program is awesome it's functioning. As the matter of fact Johnene Ornelas. could you stand up real quick. This person was rated the #1 in the whole county of LA for having the youth program and I have to say one thing, she's been through one heck of a turbulent treatment in that center. Yes the Mayor of Baldwin Park is extremely vocal. Yes the Mayor of Baldwin Park is very inaudible) and I love it because I love it because all 5 of us here have always been that way Ricardo and you're part of that team as well okay. Now my problem was not in reference to the program. The program are awesome. We haven't met in about a month since the last time. The Mayor of El Monte. Rachel Monies and I have had conversations and both her and I have said, where are we. how come we haven't met in emergency closed session to address those particular issues?" And I think part of it was basically to kind of keep me away. Now mind you. that meeting we had here, you and I spoke and you said I'll drop it if you drop it. So both you and I we need to put on record, both you and I, did a good deed because remember both you and I are friends, both you and I are part of the same team her at this City. despite the fact that we have differences of opinion. And I respect you because you did that and I think in turn you did that to me as well so I honor you for that. But the same Monday, that same week after we spoke, the following Monday, another special meeting was held. I get a call from the current acting person Betty Haro indicating the meeting has been cancelled for lack of quorum. I was never informed. Never informed. There's nothing at my house. I called down there is there something posted, there was nothing posted. That was wrong. I'm not saying that you did it Chairman. I'm not saying that you did it, but I think that was wrong again. We cannot mislead the public. The programs are working good. It's the management. It's the management part that I'm questioning and I remember that the Director who has left from there, told me very clearly, when I asked him for financial papers and other questions of treatment of employees, and it's in the paper, he told me. you know what, you are only one vote. That's what he told me. The representative, the Mayor of the City of Baldwin Park. He outright told me that. I said, Wow", this guy is really something. No... no... no....no. I was not going to accept that but this is the way he treated me. The Mayor of Bradbury, the same thing. She called me up and said she requested financial paper and other things. The Director, the Director of which has resigned now, the same thing...you are only one vote. There's 8 of us yeah, certainly you're the Chair. Vice-Chair whatever, but this a symbolic, symbolic type of position. I think it is wrong Ricardo for us to have misled the people. Yes this was what I requested but it was done on the 6th today's the 19"'. All those kids and all those parents that were here tonight were misled and that is a shame because that is unacceptable. I don't care what type of tricks you play. please do not do this to the BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes-June 19. 2002 Page 13 youth. I met with teachers, also counselors. I met with residents and they're very upset. They're concerned but I still told them Ricardo, that you are a friend of mine despite the fact that we may have had these disagreements, that that was a priority. To me, you know what means more Ricardo to me, your friendship and my friendship because I've seen you and I go through tough times and good times in this City and we've fought very hard. That is my priority. This Council here tonight is requesting more of the investigation, the auditing of what has occurred internally not about the program. No one is going to deny those programs. Tomorrow I will meet with another group of individuals here in the city and I'm gonna do that and I'm not in any way. form, shape, bashing you in Ricardo because as we know, rumors and innuendos can be very damaging if you buy into them. That's wrong. The second half when you came, that should have been what we should have discussed here not the kids. Let's us, together. Lets iron this out. Okay you have a disagreement with me. I have a disagreement... that's my prefer... hold on... I'm just about there...that's what I want to let you know Ricardo. And I'm extending that hand to you because I don't want to leave here tonight and both you and I be at differences because I've known your families for too many years and you've known mine for many years and Baldwin Park as we know is a whole family. And let's clean this up. let's clean this up. We know what's happening internally. We know about the funds, where they're at and why... and that they should be allocated back. And that's...that's...that's my, that's my interpretation to you but please the kids, do not use them to justify this as its wrong. Thank you Councilmember Van Cleave 2947): Mayor? Mayor Lozano 2947): Yes. Councilmember Van Cleave 2948): inaudible) Councilmember Gair 2952): What's he saying? Councilmember Van Cleave: inaudible) we do need to go ahead and do the investigation there. And also inaudible) 2 Board Members here and the Mayor has to sit on the Board I understand inaudible) Mayor Lozano 2958): That's fine. that's fine with me. Councilmember Van Cleave 2958): inaudible) this is a problem here there that has to be worked out there and it's gonna have to...we're gonna inaudible) in Baldwin Park inaudible) City Council. I don't like inaudible) I'm asking right now I don't know if we need a motion to make sure that we reappoint this Board inaudible) or decide whether it be Marten or Linda or who else inaudible) the Mayor has to sit on this Board... Councilmember Gair 2974): No Councilmember Pacheco 2974): Yeah, no... let me just make a statement before we go there okay. Because of the bylaws that we have we serve a 2-year term and that's in the bylaws that we have so when you appoint Board members, they have a 2-year term, I think it's from May of this year and goes out to 2 years okay. Councilmember Gair 2983): inaudible) BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes June 19. 2002 Page 14 Councilmember Pacheco 2983): No. but we just got reappointed... Mayor Pro Tern Garcia 2984): We appoint every year so you can't be appointed for 2- years when we appoint every... Councilmember Pacheco(2986): Right. We just got appointed to the Board and the bylaws, it's stated in the bylaws, that we serve a 2-year term okay. so... Councilmember Van Cleave 2989): inaudible) Mayor Lozano 2990): But we rotate every year Ricardo. Councilmember Pacheco 2990): No. we do that but the bylaws indicate that we have 2-year term and I would suggest that if the Mayor wrote a notice to the... I mean the staff called me and told me that there was a notice and that you wanted to discuss coming out of the Consortium so I called you and I know you and I have been in contact so I'm gonna take it at face value that because its that the Mayor wanted to discuss it that there's a potential of us leaving and then with the you know the newspaper comments that were made and also this current issue, the rumors that I heard is that we were gonna to pull out. I think the community got word of it and they came here and spoke on behalf if it and their concern about rt as well. but that's not an issue now because you guys are saying you don't want to pull out... Mayor Lozano 3012): No...no. Ricardo. that's never been the issue. Don't misinterpret Ricardo. The kids were called. They were called by employees of the Consortium that is absolutely, unequivocally wrong and unacceptable. They should be reprimanded for that. Councilmember Pacheco 3017): That's because people got information Manny. publicly, that the city was gonna come out. Mayor Lozano 3018): Ricardo, Councilmember let me tell you. Ricardo, let me just tell you. there was kids that were gonna be here tonight but they were told you have to be there because Lozano's going to remove them from...there has never, ever... Councilmember Pacheco 3023): f. I...I don't know Mayor Lozano 3023): You see the thing is again, you have one of the staff members, he's raising this yet he's not telling them the date on this. I had, I had people say. well wait a minute, why is this June 6 Ricardo. again, you and I, you and I were on the phone, you and I on the phone agreed... agreed Ricardo... Councilmember Pacheco 3028): That got cancelled, that got cancelled. Mayor Lozano 3028): You and I agreed, you and I agreed because of what happened to me, the fact that you guys did not want me to be there because you guys were going to appoint someone, you guys denied me the right. I believe there was a conversation between you and Councilmember Marlen Garcia in reference to why this was occurring BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes-June 19, 2002 Page 15 Ricardo. Ricardo, I'm not here to fight. I'm here...the issue is the management and that needs to be corrected and I think an outside auditing firm. independent, regardless of the County, because we as residents, we as elected officials, have a right to be able to know so that the Tribune itself can be abte to report out if the $900.000 are there, let's transfer them over. let's get over it and accomplished. Councilmember Pacheco 3045): Well...well. I've been working hard to bring out this information okay. I've been working hard with yourself as you stated, and we brought this information and we're moving forward and now I've got councilman Van Cleave who's saying he wants me off the Board and I'm currently the Chairman of the Board, we have a 2-year term to stay on the Board and I want to stay on the Board and continue serving. I want... I've been working... Mayor Lozano 3054): Do we have the bylaws? Do we have the bylaws? Councilmember Van Cleave 3055): inaudible) we change inaudible) Mayor Pro Tern Garcia 3057): That can't be. That can't be. Councilmember Van Cleave 3058): inaudible) Councilmember Pacheco 3059): I'll give you the audit report tomorrow, it's public... Councilmember Gair 3060): We want a new one. We want a new one... Councilmember Van Cleave 3062): This thing needs to be solved... all the kids will be getting ready inaudible) summer program there Mayor Pro Tern Garcia 3062): No... Councilmember Van Cleave 3063): All our managers in place there. Mayor Pro Tern Garcia 3063): No... Councilmember Van Cleave 3064): We have no more problems, it's over. Councilmember Gair 3064): No. No. Councilmember Pacheco 3064): Tomorrow the Board needs to sit down and discuss a lot of issues and come up with a solution so it's not just the city council. We as a Board and the Consortium are gonna sit down and a lot of these items are on the agenda for discussion. Councilmember Gair 3069): Can I... Mayor Pro Tern Garcia 3069): You're not... Mayor Lozano 3070): Hold on. allow Mar... Mayor Pro tern... BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes-June 19. 2002 Page 16 Mayor Pro Tern Garcia 3071): You're not gonna get any results Bill because I've been asking Tor information I get the same answer that Linda said you get descriptions of programs. And I've asked for information from Councilmember Pacheco and 111 I get is questions from him as to why I'm asking these questions. Why am I requesting this information. Why am I targeting specific employees who have been hired who are unqualified for the program. I get that. and I get...! ask for specific breakdown on how each employees are making, names and how much they're making, and I get this... delivered to my house late one evening. You're not gonna get the information... Councilmember Pacheco 3087): I don't know because you're asking for legal Mayor Pro Tern Garcia 3087): You're gonna get misinformation, I can guarantee you that right now that... Councilmember Pacheco 3088). I don't know... Mayor Pro Tern Garcia 3089): I have the floor. Councilmember Pacheco 3090): I can provide you... Mayor Lozano 3090): Allow Mayor Pro Tern Garcia to speak and then I'll go over to you Councilmember. Mayor Pro Tern Garcia 3091): I guarantee to you that you're going to get misinformation and you're gonna get descriptions of programs Councilmember Pacheco 3092): Personnel inaudible) Mayor Lozano 3092): Hold on. Councilmember Pacheco. Councilmember Mayor Pro Tern Garcia 3093): There is no investigation to my knowledge that is taking place in the... in the Consortium. There is an audit and thank God that the county is conducting that audit. But now you're claiming that...you compare to another Consortium that receives $14 Million dollars and bigger population and they use all their money, yet we only receive $4 Million dollars well then explain to me why of the $4 Million dollars that we received, we still have to pay the county back $1 Million when it should have been spent on our residents. What... tell me the justification for that... Councilmember Pacheco 3106): I agree with you Garcia. I agree with you... Mayor Pro Tern Garcia 3107): And then you're saying that we need to go and pursue, excuse me...I have the floor...we need to go and pursue more money when we...this Consortium is not spending the money that it currently is allocated. Councilmember Van Cleave 3111): And we're supposed to trust the County inaudible). I still believe... Councilmember Pacheco 3114): We've brought out that information and the Mayor here knows that we brought that information out. BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes June 19. 2002 Page 17 Mayor Pro Tern Garcia 3116): You will not. trust me... Councilmember Pacheco 3117): I discussed those other issues that we were... Mayor Pro Tern Garcia 3118): I have not been satisfied with the information that I received that I requested. I've been more specific with the request. I don't know... I told you the other day. Ricardo. I don't know how many times or how different or what language to tell you in that I want this specific information", and this is what I get. Councilmember Pacheco 3123): Because you can't get personnel information and names... Mayor Lozano 3125): Okay. hold on... Mayor Pro Tern Garcia 3125): Oh it's federal funds, you bet I can get that information. Mayor Lozano 3126): Okay, go ahead Councilmember Bill Van Cleave. Councilmember Van Cleave 3126): I would like to call for an investigation. I would also like to get a call that in 2 weeks, or within 1 week, our lawyer receives the bylaws and then he goes in and inaudible) city laws... Mayor Pro Tern Garcia 3132): We have the bylaws. Councilmember Van Cleave 3133): Takes a look at our City laws. Why are we re...re...every year here and then we are on Boards that you have to stay on for 2-years at a time. Why wouldn't we switch then? Why do we... Councilmember Gair 3137): Excuse me, we have an audience member at the... Mayor Lozano 3139): Public comments are closed so. closed... Councilmember Van Cleave 3139): So we need to find out though... Betty Haro 3139): I have some information... Mayor Lozano 3139): Public comments are closed. Closed, please. Councilmember Pacheco 3140): Okay. but I think that. I think that... Mayor Lozano 3141): Pass it over here, do not interrupt the meeting... Councilmember Pacheco 3142): No, no...she's not interrupting, but I think that the Board, hold on Mayor. Mayor Lozano 3144): Yes, go ahead. Councilmember Pacheco 3144): I think that the Board, that Betty Haro from the Director can provide some information... BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes June 19, 2002 Page 18 Mayor Pro Tern Garcia 3146): No. Mayor Lozano 3146): No. No. The public hearing is closed. Mayor Pro Tern Garcia 3147): We requested two meetings ago that any information that is going to be provided to the council be given in a timely fashion, appropriate time so that we have the opportunity to read the information. You don*t give it at the eleventh hour and we have to scrounge around to read it in 2 minutes No. Councilmember Van Cleave 3154): inaudible) CouncilmemberGair(3155): Excuse...can I... Councilmember Van Cleave 3156): inaudible) Mayor Pro Tern Garcia 3155): Tell that man over there to shut up and inaudible) Councilmember Gair 3156): Yes. can... Councilmember Van Cleave 3158): inaudible) Mayor Lozano 3158): You want to recess to read it City Attorney? Councilmember Gair 3158): Can...can we... Mayor Lozano 3160): Do you need a recess so you can go over it real quick. City Attorney Alvarez-Glasman 3161): Again, there's been a reference to bylaws. The file that we just obtained from the City Clerk's Office has an amended joint powers agreement between the parties. Councilmember Van Cleave 3166): inaudible)... Attorney Alvarez-Glasman 3167): Again, my question would be if these are current. These are dated Mr. Mayor and Members of the Council... Councilmember Pacheco 3170): Why don't... Attorney Alvarez-Glasman 3170): If I may answer the question Mr. Mayor. Mayor Lozano 3170): Mr. City Attorney. Councilmember Pacheco 3171): Why don't we give him time to review it. Mayor Lozano 3171): Excuse me...hold on...hold on... Councilmember Gair 3172): 1994 BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes June 19, 2002 Page 19 Attorney Alvarez-Glasman 3172): 1994. If there are other bylaws that any member wishes to offer, I'd be happy to take a look at them. If I just may read... Each Director shall serve a 2-year term commencing on May 1st and ending on April 30th on the second following year and each Director shall serve at the pleasure of the body or person that appointed that Director"; Councilmember Van Cleave 3184): inaudible) at the pleasure inaudible). Mayor Lozano 3184): hold on Attorney Alvarez-Glasman: Vacancies during a term and following, so vacancies during a term seems to indicate that you can have a vacancy during a term. following expiration of the term of any Director shall be filled in the same manner as the original appointments. The Director serving at the time of this second amended joint exercise of powers Agreement takes effect shall serve for the terms established prior to the adoption of this agreement and the County or at large Director shall serve for the term established by the Board provided however, that the Board shall endeavor to stagger the terms of the county and at large Directors so the terms served by one-half of the total of those Directors expire in each year. Nothing in this agreement shall bar the reappointment of a Director who continues to qualify for appointment." Councilmember Van Cleave 3203): So it can't changed? Attorney Alvarez-Glasman 3203): Lets see... the city council of each city shall appoint two Directors each city Director shall be a member of the city council which appoints that Director and a vacancy shall be declared if any Director shall cease service of the appointment legislative body." Councilmember Gair 3208): So actually, our appointment process is in conflict with the bylaws of that Consortium. We do it annually but the requirement in the bylaws in that we should just change the way that we make the appointments when we do our representatives and all. Councilmember Van Cleave 3218): inaudible) Mayor Lozano 3219): Hold on...hold on...so what can be done right now then? Councilmember Gair 3219): But I mean right now we're in conflict, but yeah there's a way out but tonight...there's a conflict Bill... Councilmember Pacheco 3223): I don't think you can move the appointment inaudible) it's not on the agenda.. Mayor Lozano 3224): Hold on Ricardo... Councilmember Gair 3225): No we're not...we're not doing anything Ricardo. We're just saying we come back every year with reorganization and we appoint to our committees and liaison represen... BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes June 19, 2002 Page 20 CouncilmemberVan Cleave 3232): inaudible) Mayor Lozano 3232): Hold on... Councilmember Gair 3233): well that's just in our code yeah, but we have a conflict which we could correct in our own code that would probably take care of it. That's all I'm saying. It's not anything that could be done tonight. Councilmember Van Cleave 3238): inaudible) that we could actually remove a seat and inaudible) refilled inaudible) Councilmember Gair 3244): Could I ask a question then of the City Attorney? If tonight the majority of the council indicates piggy-backing on what Bill has said. that we indicate that it would be our desire to have an outside investigation, an outside audit that is not an audit of the County as of May and that we set a time period that allows information to come back to us as to what the representatives on the Board are doing...are we...could we...are we allowed to do that? Attorney Alvarez-Glasman 3265): Mr. Mayor and members of the Council, what you could do is make that request of the Board again, you serve as one entity to that Board you cannot self help and go in and force an audit upon the Board themselves. If the Board declines that action, that gives you an indication as to... Councilmember Gair 3275); So are we asking our representatives to go back with that request of the Consortium Board? Attorney Alvarez-Glasman 3278): Well you could as a council take a position to make that request and also direct your representatives to submit that request so you could speak as a united council or at least if the majority takes that action, as a majority of the council. Again, you cannot... Councilmember Van Cleave 3287): inaudible) Attorney Alvarez-Glasman 3288): You cannot Mr. Mayor and members of the Council, force an audit that they will not be willing to do if requested. Councilmember Gair 3291): So we could request Ricardo and Manny. Can you live with that Ricardo... Councilmember Pacheco 3294): Yes, I can... Councilmember Gair 3295): that we, if the majority ask that of you that... Councilmember Pacheco 3296): Yes we would do that and CouncHwoman I... any question Mayor Pro Tern Garcia 3296): Mayor? Mayor Lozano 3296): Yes, hold on. BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes June 19, 2002 Page 21 Councilmember Pacheco 3298): anything you could write down in the form of a question and submit them to the city attorney make sure that they are appropriate and then we'll bring it to the Board tomorrow. Mayor Pro Tern Garcia 3302): Mayor? Mayor Lozano 3302): Yes, Councilmember... Mayor Pro Tern. Mayor Pro Tern Garcia 3302): I would support that request but with an amendment that Councilman Pacheco step down from the Consortium Board and replace with another Councilmember based on all the issues that are taking place. Councilmember Pacheco 3308): Welt why... Mayor Lozano 3309): City Attorney? Hold on. City Attorney? Councilmember Pacheco 3310): I don't think you can do the change yet. Mayor Pro Tern Garcia 3311): It is at the pleasure of the city council if I understood it the right way. Councilmember Pacheco 3312): No. it's a two-year term, it's a two-year term Mayor Pro Tern Garcia 3313): that we could change it Mayor Lozano 3313): Hold on, one at a time please. Mayor Pro Tern Garcia 3314): Thank you. Attorney Alvarez-Glasman 3316): I am familiar with some other joint powers terms as defined such as this; actually mosquito abatement Boards are one, that they generally do define a two-year term. I would have to look, quite frankly in terms of state law on the...the applicability of whether or not it is a two-year that can be breached anywhere in mid-term. There certainly is language within the drafting of this document that was done. I should indicate so that it is clear; it was done by then General Counsel Michael Colentuno from Richards. Watson, who did provide that vacancies during a term and foltowing expiration of the term shall filled in the same manner as the original appointments. That seems to imply that you can have a vacancy since a Director serves at the pleasure of the body but what I would request of this Council, if you're so inclined, is to be able to have an opportunity to look as some of the existing case law cause I am familiar that there is some out there and provide you with a written response. This is the first time that I've seen this document that defines, even though your practice has been to do it every year. Now that doesn't say. that doesn't mean you can't make a request of any member to step down. They can step down if they choose to. If they don't choose to... I'll in any event, bring back Councilmember Van Cleave 3357): inaudible) BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F"City Council Minutes-June 19. 2002 Page 22 Attorney Alvarez-Glasman 3358): I'll bring back a written opinion to the Council and if you wish to adjourn this meeting to another time this week, I could get you a written opinion and you can deal with it. Councilmember Gair 3362): Or we can, if... as a suggestion, go forward with asking the two representative tomorrow to ask for that audit and investigation, put this on the next agenda to determine if action is being taken and then consider any other alternative that... but tonight I don't think we have that authority to remove somebody because it's not on the agenda anyway. Councilmember Van Cleave 3375): Why do we need the authority inaudible) what he read there and I'm usually pretty good at it as well too. is that inaudible) we're gonna have to get somebody to represent inaudible) Councilmember Gair 3381): Well, but we're asking that the current representatives do some correcting and if they don't then I certainly think we have... it's gone this far let's get them a chance to rectify. Councilmember Van Cleave 3389): inaudible) Ricardo. believe me it's not you, you shouldn't take the fall for all that's going on there. Councilmember Gair 3390): I don't think that the Board... Councilmember Pacheco 3391): I think you're right... I think you're right... Councilmember Van Cleave 3392): inaudible) it took two years inaudible) problem with representation inaudible) Councilmember Gair 3396): Well. I just, I... Councilmember Pacheco 3396): I mean I think you're right, it does appear like I'm taking the fall for all the issues that are brought forth... Councilmember Gair 3398): It's not meant that way Ricardo. Councilmember Pacheco 3399): I would, I would invite you tomorrow to come and ask questions of the Board that's there and I will bring any questions and information that you want, I'll bring it to the Board if that's the request of Council and bring your request to our Board and put it on the... and agendize it... Councilmember Van Cleave 3406): I think of the program inaudible) Councilmember Gair 3410): No you have to be there Councilmember Van Cleave 3409): I'm not an investigator of this kind here. I'm just wasting I'm not wasting the time to investigate that but inaudible) ask the right questions. I wouldn't be able to check on the right issues there cause there's so much going on now inaudible) and that's what I'm saying in these law here, those laws are very very luke warm. We could do a lot of stuff wrth the way that's written inaudible). BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F "City Council Minutes June 19. 2002 Page 23 Mayor Lozano 3421): Okay, alright so we're gonna move on. Councilmember Pacheco 3421): Yeah. Councilmember Gair 3422): We'll we need to decide if that...what procedure we're following. Councilmember Van Cleave 3424): I'll change my motion to go ahead and request that the two Council representatives for the agency go ahead and inaudible) meeting there and they request an investigation... Councilmember Gair 3430): and an audit... Councilmember Van Cleave 3430): so that Baldwin Park inaudible) an immediate investigation, if not, we're we'll just sit there and vote on it and keep going and going. We need an immediate investigation there. Councilmember Gair 3434): and audit... Councilmember Van Cleave 3434): If not, we're gonna have inaudible) Baldwin Park, we're gonna have to protect our side over there and inaudible) possible inaudible) we can. Councilmember Gair 3438): an audit and an outside investigation, outside. Councilmember Van Cleave 3438): inaudible) outside, not County. Councilmember Gair 3941): Alright, and are you gonna bring action back relative to... Mayor Pro Tern Garcia 3443): Now would that mean that we would request an audit and investigation and who would foot the bill? Because if we're not allowing the County to conduct it... Councilmember Gair 3447): The Board will make the decision. We're just asking that the go and if this Board refuses that then this Council has some, must have some kind of a legal right to say. okay, if you're not willing to do what the majority of the City Council wants, certainly we've got the right to withdraw." Councilmember Van Cleave 3451): inaudible) Mayor Pro Tern Garcia 3458): Well then they gotta... Councilmember Van Cleave 3458): inaudible) something will be changed. I guarantee you... Councilmember Gair 3461): Well. yeah... BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F!"Crty Council Minutes June 19, 2002 Page 24 Councilmember Van Cleave 3461): I will make this thing happen inaudible) Councilmember Gair 3463): Okay... Councilmember Van Cleave 3463): It needs to happen now inaudible) Councilmember Gair 3464): Well, we need...we need a report Mayor Lozano 3465): Okay, that's fine... Councilmember Gair 3465): then a report at the next meeting as to the status of... Mayor Lozano 3467): or we need to call an emergency meeting, whatever, we'll do it. Councilmember Gair 3468): okay. Councilmember Van Cleave 3468): whatever it takes. Councilmember Gair 3468): Alright so that's in a motion to. Okay. then I would second that motion. Mayor Lozano 3470): So there's a motion and a second. Any objections, seeing non. I just want to conclude by saying shame on you for calling those students here in this city. Shame on you for misleading the residents and the kids... Councilmember Pacheco 3474): I would say shame on you Mayor on you for playing politics here you know like you're trying to make me the fall guy here and Mayor Lozano 3476): No. But it's the anger... Councilmember Pacheco 3477): I fought along side with you, I fought along side with you to bring out these issues and now you're putting it all on me and you know what, I'm disappointed in you Manny. I'm disappointed... Mayor Lozano 3480); for the anger Councilmember Pacheco 3481): I'm disappointed in you as a leader at this point... Mayor Lozano 3481): the anger that goes inaudible) Councilmember Pacheco 3483): and the anger that goes through me... Mayor Lozano 3483): Okay. at this point, we are now going over to the item... Councilmember Pacheco 3484): because of you Manny Lozano and I can't believe that this is poor leadership on the back of our Mayor BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 2002 06 19 CC MIN;¢f4©F""City Council Minutes June 19. 2002 Page 25 Mayor Lozano 3484); B which is request by Councilmember Linda Gair for discussion of consideration regarding changing the date of July 3. 2002 City Council meeting to July the 2nd, 2002. Councilmember Gair 3489): Are you leaving? Councilmember Pacheco 3490): Yeah, this is bullshit. Mayor Lozano 3491): Fine. Okay Councilmember Gair 3491): You don't want to stay until the end of the meeting? Councilmember Gair 3493): Okay. Moving forward with something happy... Councilmember Gair 3496): Don't go mad. It's not good for you to go mad. Councilmember Pacheco 3498): I'm not inaudible) Mayor Lozano 3500) Okay, alright Linda go ahead. Councilmember Gair 3501): Okay. Councilmember Pacheco 3501): Here I'll excuse myself from the meeting at this point. Thank you. end] CERTIFICATION I, Rosemary M. Ramirez, Chief Deputy City Clerk of the City of Baldwin Park, hereby certify that the foregoing is a verbatim transcript of the original audio recording of the City Council meeting qfjune 19, 2002. Rosemary M''1Rarjyr6z, CMC Chief Deputy Crty Clerk BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06 "City Council Minutes June 19, 2002 Page 3 City, to mail that announcement. That's government code law and not... we did not select out the Tribune just to open the door for something. I just wanted you to...to know that. That we weren't being sneaky about it. My notes are all over everything so just bear with me. There is no criticism of the programs. There is no question about the worth of the programs. There's no question that people have received a benefit of that. That's not the issue here. I take liberty with an old Testament statement, that the sins of the Father's are visited upon the children and I would say that the administrators are the fathers and these young people are the children and they have been betrayed. There is a question in my mind of major Brown Act violations, misappropriation of funds. improper promotions and dismissals, according to your personnel code or booklet, whatever you call it. I don't know. I serve on other committees. The appointment of unqualified employees, the dismissal of qualified employees, the passing over of certain people to put others as Directors to take over. Monies that were spent that the Board did not approve. It's in general, a... a mess. And the thing that I think and where we are, there are alternatives to programs til the mess gets straightened out at Mid-Valley Consortium. La Puente has gone, recently with L.A. Works. They provide the same service and whether the truth is in the media or whether the truth is not in the media. there is enough reporting of misdeeds that this must be looked into. There is sexual harassment, there are pending lawsuits, there are... are all kinds of things that we are hearing about. Now you can snicker and you can laugh as to whether they are true or not, but that's the point. Let's find out if they're true or not. And let's find out why there is a good ol boy's network doing your directing at the El Monte Center and let's either shape it up or if it takes a time, I don't know how. and our attorney will advise us as the correct thing to do by the bylaws and tell us what we can legally do. We pay him to do that and I believe your city does to Mr. Pardo. And I would like very much that we either see that their major investigation goes forth in... against this Consortium or into this Consortium, or whatever you have to do and certainly we need advice as to what we can hold off on. and get this straightened up so the kids don*t suffer. But there's too many questions, way too many questions, and this has just been let go and has not been properly administered. Mayor Lozano 2221): Thank you. Any... yes, CouncilmemberVan Cleave. Councilmember Van Cleave 2222): Mayor I've been trying to sit on this Board for 4 years and you guys have held the positions involved since I've been here inaudible). Councilmember Gair: Well how do we generate, as outsiders, like the three of us that are outsiders essentially in that we don't sit on this specific Board. What authority City Attorney, does the Council of Baldwin Park have in asking or whatever, I've never I've never quite seen anything like this? CouncilmemberVan Cleave 2267): inaudible) Mayor Lozano 2268): Hold on. City Attorney? City Attorney Alvarez-Glasman 2269): Mr. Mayor Members of the Council, you have a number of possible remedies. One remedy is to provide direction and guidance to those that do sit on the Board. Those that sit on the Board, as this Council knows, serves at the pleasure of the entire Council and this Council can ask for action or BIB] 37643-U01 2002-U02 06-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO8699-U03 DO9114-U03 C4-U03 MINUTES1-U03 1/22/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 EXCERPT-U05 VERBATIM-U05 TRANSCRIPT-U05 CITY-U06 COUNCIL-U06