Mayor Lozano requested that the meeting be closed in memory of Mark Shoenfield, whose

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1 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING SEPTEMBER 21, 2016, 7: 00 P. M. COUNCIL CHAMBER E. Pacific Avenue, Baldwin Park, These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order by Mayor at 7: 05 p.m. INVOCATION The invocation was provided by Council member Baca PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Mayor Manuel Lozano Mayor Pro Tern Monica Garcia Council Member Cruz Baca Council Member Ricardo Pacheco Council Member Susan Rubio REPORT ON CLOSED SESSION Lozano stated that a vote of 3 2, Council chose to terminate without cause Michaeli Mayorby Taylor from the Chief of Police position. ANNOUNCEMENTS Mayor Lozano requested that the meeting be closed in memory of Mark Shoenfield, whose mother passed away recently. Mayor Lozano recognizes several municipal officials, including Santos Hernandez and Carlos Lopez, both from Baldwin Park Unified School District, Brian Rioz, and Ed Chavez of the Upper San Gabriel District. Also present were Margarita Vargas and Al Contreras from Valley County Water District. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Employee Recognition Retirement of long-time employee Gus Martinez, Public Works Department Mayor Lozano honored retiring employee Gus Martinez, presenting him with a plaque in recognition of his dedicated service to the Public Works Department and wished his well in his retirement.

2 Farewell Certificate Recognition Public Works Department Assistant Jesus Saenz Council member Pacheco presented a Certificate of Recognition to departing employee Jesus Saenz who has served as a Department Assistant in Public Works, thanking him for his dedicated service and wishing him well in his new endeavors. Presentation on Medical Marijuana businesses and related issues. This presentation was postponed and will be held at a future meeting. Presentation on Measure M by Lilian De Loza- Gutierrez, LA Metro. This presentation was postponed and will be held at a future meeting. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications and noted that each speaker is permitted a total of three ( 3) minutes to speak. Jorge Rodriguez, expressed concern regarding recent gas leaks throughout California and sought Council support for the Blue- Green Alliance which is spearheading a campaign that will encourage the Public Utilities Commission to establish a protocol for inspection of gas lines throughout the San Gabriel Valley. Arturo Luna, Baldwin Park resident, complained about a lack of response to requests for information; objected to condemning a banner that had been brought into the Council Chambers at a previous meeting, stating that it was a violation of the right to freedom of speech; opined that members of council are not properly representing the city. Al Contreras, Baldwin Park resident, began by noting Item No. 4 on this evening' s agenda which pertains to fireworks, expressed support for the reduction of the number of days that fireworks are to be sold but asked that permits and fees also be reduced to coincide with the loss of proceeds; also noted that he is glad to see that Council is considering rules of conduct for managing council meetings. Tony Gonzalez, also spoke on Item No. 4 regarding the reduction of days for sales of fireworks; stated that the reduction of days would have a negative impact on proceeds generated for the wresting team. Daniel Lavanos, representing One Legacy, an advocacy for organ donors; spoke in support of the act of donating organs and tissue and encouraged everyone to become a donor; invited the community to see the One Legacy float that would be participating in the Annual Rose Parade and invited the Council members to attend a ceremony in which they each would place a flower on the float. Rose Hernandez, treasurer of the Baldwin Park High School Band Booster Club, also spoke on Item No. 4 relating to a proposed amendment to the fireworks code, expressing her concern that scaling back the number of days allowed for sales would have a detrimental effect on the financial means needed to support the Baldwin Park High School Band. Juan Rios, Baldwin Park resident, opined that the majority (three) of council members are voting down items that would have benefitted the community and that alliance always revolves around the Mayor; stated that the Mayor needs to stand up for the residents of the city. September 21, 2016 Page 2 of 20

3 Ken Woods, Baldwin Park resident, commented that some council members having made insinuations that other council members are not " doing their homework" and that council should exercise better time management practices; opined that more time is spent talking about how there is too much talking; opined that some council members demonstrate offensive behavior on the dais. Greg Tuttle, Baldwin Park business owner, editorializes various allegations of corruption and personal misconduct by some members of council. Jesse Palata, Baldwin Park resident, resides on Foster and stated that there has been a great deal of activity on a vacant lot near his home; expressed concern that it may be for the purpose of opening a commercial business because a fence has been erected around the property and there has seen a significant number of trucks and equipment going in and out of the property; objected to this because it is a residential neighborhood and inquired as to whether there had been a zone change, whether proper fees were being collected and whether such activity would contaminate the soil. Daniel Damian, Baldwin Park resident, provided to all council members, the CEO and city attorney copies of invoices issued by Infrastructure Engineers ( aka Advanced Applied Engineers and aka AAE) to the City of South El Monte which imply that one of the council members participated in business activities of a contractor that does business with the City of Baldwin Park; pointed out that the Meeting Minutes document that the council member did not abstain from voting on the projects that propose award to Infrastructure Engineers/Advanced Applied Engineers/AAE. Margarita Vargas, Valley County Water District board member, spoke on upcoming discussion of parliamentary procedures to be adopted by council; suggested that Robert' s Rules of Order is the best procedure to adopt since these rules are easier to follow and most are familiar with them. Roman Rodriguez, Baldwin Park resident, alleged that a currently seated council member has repeatedly disregarding FPPC Conflict of Interest Regulations by not abstaining from discussion and vote on contracts with consultants to which the council member has had a professional relationship with and has represented that consultant on projects in another jurisdiction; asked that the council member resign and step down from the position. Sid Mousavi, spoke in rebuttal to inflammatory allegations made about the services provided to the City by his company and stated that all of the allegations are false, unfounded and are not based on facts; stated that there is no working relationship between the council member that is the subject of discussion and the contractor referenced in the assertions. John Garcia, Baldwin Park resident, represented that he is speaking on behalf of many of the residents of Baldwin Park and that the residents want answers to the allegations that have been brought forward. Seeing no others wishing to speak, the Mayor closed Public Communications. Council Member Pacheco responded in rebuttal to comments made during public communications, responded to comments made about allegations reflected in invoices and opined that these statements are intended to be a smear campaign orchestrated by candidates ( both elected and not elected) to discredit him. Mayor Pro Tern Garcia made comments in rebuttal, stated that, if there are real concerns, that those concerns should be brought to the District Attorney' s Office and that a formal September 21, 2016 Page 3 of 20

4 investigation be initiated. authorities and "the books will be open." Reiterated that legitimate concerns should be taken to the Council Member Baca opined that allegations made against Council Member Pacheco, Mayor Pro Tem Garcia and Mayor Lozano are viewed as insults and political smear campaigns yet these same council members have to these members have accused she and Council Member Rubio of extortion and improper conduct in order to fund the campaign of state officials. Council Member Baca also stated that she had conversations with South El Monte staff who expressed concern regarding the business activities involving other Baldwin Park council members and the potential of losing federal funding as a result those activities. Council Member Rubio reminded all present of a previous instance in which the Director of Public Works conducted a competitive bid, recommended for award a selected company and that recommendation was twice rejected by Council twice. Council Member Pacheco stated that he has not conducted himself in any way that is a conflict of interest and that he objects to the comments made by Council Member Baca. Council Member Rubio pointed out that she and Council Member Baca have repeatedly asked that an investigation be done and that she and Council Member Baca have yet to receive any information or justification of work performed as indicated on the invoices that she has been questioning; reiterated her support of an investigation and her continued objection to the increase of the contract threshold from $ 10,000 to $ 120,000; opined that there have been complaints about her raising questions on the dais and that she is concerned with the lack of information being provided to her or the residents of the community. Council Member Pacheco countered the comments of Council Member Rubio, stating that all invoices come before council and that the invoices are fully vetted by staff prior to payment, stated that investigations have been approved and are moving forward, deferring to Mayor Lozano to support the statement; Mayor Lozano expressed that he has no objection to the District Attorney conducting an investigation. Council Member Rubio asked why it should go to the point of an investigation by the District Attorney when staff can simply respond to the inquiries and provide documentation to support those invoices that are being questioned; pointed out that, per Council Member Pacheco' s statement, invoices are being approved and paid by staff prior to Council ever seeing the documents; requested that Interim Director of Public Works Sam Gutierrez respond to some of the questions raised. Interim Director Gutierrez stated that contracts are presented to Council for approval but that invoices and " task orders" are not; explained that the consultant prepares invoices based on work performed, as outlined in the task orders, and the invoices are presented to staff to review and then forwarded to Finance for payment. Council Member Rubio also asserted that, at the last Council meeting, she provided copies of unexecuted contracts from which invoices were being paid prior to the contracts even being approved and signed; she opined that Council should be responsible for the decisions made on expenditure of such large amounts. September 21, 2016 Page 4 of 20

5 Mayor Pro Tern Garcia asked Chief Executive Officer Shannon Yauchzee to provide a report on the progress he has made in investigating the matter of unexecuted contracts as raised by Council Member Rubio at the last meeting. CEO Yauchzee reported that he has not yet concluded the investigation but has gathered documents and is preparing to interview two more staff members prior to preparing a formal report; summarized that the former Director of Public Works had authorized the work to begin but that, due to miscommunications, a formal task order was not completed prior to the first invoice being submitted; stated that the former Director had given a verbal authorization but erroneously did not follow up with an to document the authorization. Mayor Pro Tem Garcia acknowledged that this was an error but asked that additional attention be paid to processing of task orders and payments; opined that council members should be reviewing the agenda materials prior to meetings and that she, when time permits, meets with department directors in order to get a better understanding of what is being presented for approval. Council Member Baca countered the comments of Mayor Pro Tem Garcia, pointing out that an investigation is underway at this time and that she and Council Member Rubio have been gathering volumes of records for review; stated that the issues seem to all lead back to the cap of$ 120,000 which was spearheaded by Council Member Pacheco; stated that much of the investigation seems to lead back to the same handful of consultants; stated that she directed the City Attorney to send out letters to consultants requesting that they provide a report to Council on October 5, 2016; named AAE, Infrastructure Engineers, Advanced Applied Engineering, AIMS, Del Sol, Kosmont and California reiterated that the assertions are no allegations and that documentation Consulting; that there are discrepancies and the increase of the threshold to $ 120,000 has supporting had a lot to do with these discrepancies going unnoticed. Mayor Pro Tern Garcia asked that CEO Yauchzee to state who voted for the $ 120,000, to which he response that he believes the item passed with a 4 1 Baca abstaining. vote, Council Member Council Member Baca asserted that it is the job of Council to insure that public funds are being accounted for. Council Member Rubio, referred to a comment of Mayor Pro Tem Garcia made about trusting staff's expertise, then pointed out that the former Director of Public Works had solicited bids, picked a consultant, vetted the company and brought his recommendations before Council. His recommendation was rejected twice, until the third recommendation called for award to a consultant that he did not select nor did he want selected; this third recommendation brought before Council and was approved; opined that Council should commit to trusting the expertise of staff wholly or not at all, noting that Council cannot pick and choose. Mayor Lozano asked that the discussion be suspended so that the meeting could continue and the presentation by L.A. Metro could commence. CONSENT CALENDAR Council pulled Items 4, 5, 6 7, 8, 9 and 10 from Consent Calendar for further discussion. September 21, 2016 Page 5 of 20

6 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Garcia, and carried ( 5 0) to ratify the Warrants and Demands Register. Lozano. 2. REJECTION OF CLAIMS Staff recommends that Council reject the following claims and direct staff to send the appropriate notice of rejection to claimants: Alvarez, Benito Claimant alleges that the police department towed and impounded his vehicle; while the vehicle was in storage, the claim alleges that money ($ ) was taken from his ash tray. A motion was made bylozano, seconded bygarcia, and carried ( 5 0) to reject the claims listed on the Staff Report and direct staff to send the appropriate notice of rejection to claimants. Lozano, Baca, Rubio, Pacheco Garcia 3. SECOND READING AND ADOPTION OF NOISE ORDINANCE NO WITH RESPECT TO TIME OF ENFORCEMENT Staff recommends that Council conduct a second reading, by title only and waive further reading, and following such reading, approve and adopt Ordinance 1388, entitled " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS , , AND OF CHAPTER 130: GENERAL OFFENSES, OF THE TITLE XIII OF THE BALDWIN PARK MUNICIPAL CODE WITH RESPECT TO NOISE REGULATIONS." Garcia, and carried (5 0) to A motion was made by Lozano, seconded by approve and adopt Ordinance 1388, entitled "An Ordinance of the City Council of the City of Baldwin Park Amending Sections , , and of Chapter 130: General Offenses, of the Title XIII of the Baldwin Park Municipal Code with Respect to Noise Regulations." September 21, 2016 Page 6 of 20

7 4. AMENDMENT OF FIREWORKS ORDINANCE NO IN ORDER TO REDUCE THE NUMBER OF SALES DAYS AND INCREASE THE FINE FOR VIOLATIONS Staff recommends that the City Council waives the First Reading and adopt by Title only Ordinance No. 1390, entitled " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION AND ADDING SECTION OF CHAPTER 93: FIRE PREVENTION; FIREWORKS, OF TITLE IX, GENERAL REGULATIONS, OF THE BALDWIN PARK MUNICIPAL CODE" Council Member Rubio began discussion by noting that many community non- profits have expressed concern about the loss of sales due to the reduction is the number of days that the sale of fireworks would be permitted; asserted that the real problem is the use of illegal fireworks which are much louder and more dangerous that safe and sane fireworks; suggested that the Ordinance be revised to return the permitted days for sale of safe and sane fireworks remain as has been previous practice but to amend the Ordinance and provide a " three strike" rule under which any person(s) cited for the use of illegal fireworks would, upon the third violation, be required to pay a fine of 2, 000, increasing with each violation thereafter. Council Member Rubio made a motion to revise the Ordinance to repeal the number of days permitted for sale of safe and sane fireworks and to modify the Ordinance 1390 to implement a " three strikes" rule and fine offenders; Council Member Baca seconded the motion. Mayor Pro Tem Garcia asserted that the target should be those who are shooting off illegal fireworks and suggested that Council be thoughtful as to how these issues are addressed. Mayor Pro Tern Garcia amended the motion to ask that the Chief of Police survey other surrounding cities, gathering information as to their best practices, and come up with a better approach that will be more in line with what other cities are doing; suggested that this item be tabled until the Chief is able to do the research and develop a plan. Council Member Rubio stated that study of surrounding cities was conducted and results used to help develop this ordinance; stated that she would like to move forward with the item and a meeting can be arranged with the Chief after this is passed to further develop a process of addressing the issue. Council Member Rubio made a substitute motion asking that the item be passed as is; Council member Baca seconded the motion; Council member Pacheco voiced objection. Mayor Lozano directed the City Clerk to conduct a roll call vote on the Motion. The results are as follows: Ayes: Noes: Absent: Abstain: Baca, Rubio Garcia, Pacheco, Lozano None None The Motion failed by a vote of 2 3. Council Member Baca asked about the descent vote of Mayor Pro Tem Garcia; stated that Council Member Rubio' s suggestions and motion were in line with what Mayor Pro Tern Garcia had just expressed; September 21, 2016 Page 7 of 20

8 Mayor Pro Tern Garcia stated that she wants to see a more comprehensive approach and to hear from the Acting Chief of Police as to how enforcement would be handled. Mayor Pro Tern Garcia made a motion to continue the item, study it more and have the Acting Chief of Police present Council with a comprehensive approach. Council Member Pacheco seconded the motion. Council Member Rubio expressed objection. Mayor Lozano directed the City Clerk to conduct a roll call vote on the Motion. The results are as follows: Ayes: Noes: Absent: Abstain: Garcia, Pacheco, Lozano Baca, Rubio None None The Motion passed by a vote of 3 2 to continue the item, study it more and have the Acting Chief of Police present Council with a comprehensive approach.. 5. REVIEW OF THE COST OF CITY FEE SERVICES BASED ON A STUDY PREPARED BY REVENUE & COST SPECIALISTS, LLC ( RCS) Staff recommends the Council approve the proposed City Schedule of Fees and the corresponding 9 Resolution No , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE ADOPTION OF A NEW SCHEDULE OF SERVICE FEES FOR ISSUANCE, PROCESSING AND FILING OF VARIOUS CITY SERVICES AND PERMITS IN THE CITY." Council Member Rubio expressed concern regarding the fee increases and the appearance that the City is being wasteful in its spending; stated that she would like to set this aside and hold a special meeting that would give the opportunity for Council to learn more and discuss the matter in depth. Council Member Rubio made a motion to hold this item over to allow for further discuss on the impact of the proposed fee increases. Council Member Baca seconded the Motion. Council Member voiced objection, saying that there has been plenty of time to ask questions. Mayor Lozano directed the City Clerk to conduct a roll call vote on the Motion. The results are as follows: Ayes: Noes: Absent: Abstain: Baca, Rubio Pacheco, Lozano Garcia None Since Mayor Pro Tem Garcia had stepped away from the dais, the vote was a tied at2-2. Council Member Pacheco subsequently made a motion to take a short recess, however Mayor Lozano, Council Member Baca and Council Member Rubio asked that this item be addressed rather than taking a recess. A short time later, Mayor Pro Tern Garcia returned to the dais. Upon her return, Council Member Rubio made a substitute motion to bring this September 21, 2016 Page 8 of 20

9 item back and suggested that a Study Session be held to gain a more in- depth of the item. Council Member Baca seconded the motion, however understanding Council Member Pacheco voiced objection to the motion. Mayor Lozano directed the City Clerk to conduct a roll call vote on the Motion. The results are as follows: Ayes: Noes: Absent: Abstain: Baca, Rubio Garcia, Lozano, Pacheco None None The Motion failed by a vote of 2 3. A motion was made by Council Member Pacheco to pass the item as presented, and the motion was seconded by Mayor Pro Tem Garcia. Council Member Baca voiced objection. Mayor Lozano directed the City Clerk to conduct a roll call vote on the Motion. The results are as follows: Ayes: Noes: Absent: Abstain: Garcia, Pacheco, Lozano Baca, Rubio None None The motion carried by a vote of 3 2 to approve the proposed City Schedule of Fees and the corresponding Resolution No , entitled " A Resolution of the City Council of the City of Baldwin Park Approving the Adoption of a New Schedule of Service Fees for Issuance, Processing and Filing of Various City Services and Permits in the City." 6. ADOPTION OF RESOLUTION NO APPROVAL TO APPLY FOR GRANT FUNDS FROM THE CALIFORNIA URBAN RIVERS GRANT PROGRAM UNDER THE WATER QUALITY, SUPPLY AND INFRASTRUCTURE IMPROVEMENT ACT OF 2014 PROPOSITION 1) FOR WALNUT CREEK NATURE PARK Staff recommends the City Council to: 1) Adopt Resolution No entitled " Resolution of the City Council of Baldwin Park approving the application for grand funds for the California urban rivers grant program under the quality, supply, improvement act of 2014( Proposition 1)" and and infrastructure 2) Authorize the Director of Recreation and Community Services and the Interim Director of Public Works to execute any further documents. Council Member Baca stated that she had received several inquiries from residents regarding the irrigation system on the Walnut Nature Creek Improvements project and asked whether these grant funds would help to fund completion of the irrigation system. Recreation and Community Services Director Manny Carrillo stated that these grant funds are intended to fund Phase III of the Walnut Creek project. September 21, 2016 Page 9 of 20

10 Interim Public Works Director Gutierrez confirmed that funds for completing the irrigation system would come from this grant. A motion was made by Baca, seconded by Garcia, and carried ( 5 0) to Adopt Resolution No entitled " Resolution of the City Council of Baldwin Park approving the application for grand funds for the California urban rivers grant program under the quality, supply, and infrastructure improvement act of 2014 Proposition 1)" and Authorize the Director of Recreation and Community Services and the Interim Director of Public Works to execute any further documents. 7. ACCEPT PLANS AND SPECIFICATIONS, AND AUTHORIZE PUBLISHING A NOTICE INVITING BIDS FOR CITY PROJECT NO CENTER MEDIAN LANDSCAPE IMPROVEMENTS PROJECT It is recommended that the City Council approve the plans and specifications for the Median Landscape Improvements Project ( City Project No ) and authorize the Notice Inviting Bids. Council Member Rubio explained for the benefit of the community that the reason for turning off the water and allowing the vegetation in the street medians to brown was to adhere to the State water reduction directed by Governor Brown; explained that the purpose of this project is to improve and beautify the medians by replanting with water tolerant plants. Baca, and carried (5 0) to approve A motion was made by Rubio, seconded by the plans and specifications for the Median Landscape Improvements Project City Project No ) and authorize the Notice Inviting Bids. 8. AMENDMENT TO WEST COAST ARBORIST CONTRACT FOR CITYWIDE TREE TRIMMING SERVICES It is recommended that the City Council: 1. Approve the amendment to the existing contract with West Coast Arborist, Inc. WCA) for Citywide Tree Trimming Services, increasing rates by 31% over the next three years including two optional one- year renewal extensions with no rate increase; and 2. Authorize the Mayor to execute the attached Amendment to the Agreement. Council Member Rubio noted that this item is similar to the previous item on the agenda but that she had a question regarding the fee increases included in the September 21, 2016 Page 10 of 20

11 Amendment; noted that there is are fee increases indicated over the next three years but that, with the reduction of vegetation in the medians, she asked why the reduction in work ( because of the replacement of trees) would not correlate with the increases. Interim Public Works Director Gutierrez explained that, with the mandated increase in the minimum wage, the Department of Industrial Relations reclassified many of the positions subject to prevailing wage standards and that increase is being compensated in the Amendment; noted that it only applies to certain workers and that fee increases would occur incrementally over the next three years. A motion was made by Baca, seconded by Rubio, and carried ( 5 0) to Approve the Amendment to the existing contract with West Coast Arborist, Inc. (WCA) for Citywide Tree Trimming Services, increasing rates by 31% over the next three years including two optional one-year renewal extensions with no rate increase and Authorize the Mayor to execute the attached Amendment to the Agreement. 9. ADOPTION OF SALARY RESOLUTION NO TO ESTABLISH A COMPREHENSIVE PAY SCHEDULE OF ALL FULL TIME EMPLOYEES, PART TIME EMPLOYEES AND ELECTED OFFICIALS IN ACCORDANCE WITH CALPERS GUIDELINES It is recommended that the City Council approve resolution , a resolution of the City Council of the City of Baldwin Park, to create and adopt the comprehensive Pay Schedule. Council Member Baca requested clarification as to the Resolution and additional details of its purpose. CEO Yauchzee explained that this Resolution will bring the City into compliance with CaIPERS regulation that requires posting a [ single] Resolution and list of salaries for all employees [ in all bargaining units] on the CaIPERS website; stated that Resolutions are supposed to contain all salaries whereas the City has been passing individual Resolutions for each negotiated union contract and the information was being published only on the City' s website. A motion was made by Baca. Seconded by Lozano, and carried ( 5 0) to approve resolution , a resolution of the City Council of the City of Baldwin Park, to create and adopt the comprehensive Pay Schedule. 10. ADOPT RESOLUTION TO IMPLEMENT A POST EMPLOYMENT HEALTH PLAN FOR PUBLIC EMPLOYEES (PEHP) FOR THE CITY OF BALDWIN PARK It is recommended that the City Council approve resolution adopting a Post- Employment Health Plan and direct the City to move forward with the process of implementing the plan with the Plan Sponsor, Nationwide Retirement Solutions, Inc. September 21, 2016 Page 11 of 20

12 Council Member Rubio asked for clarification as to the details and how it impacts employees. CEO Yauchzee explained that this Resolution will provide this benefit to the Chief Executive Officer contract and will later be offered to all City employees; the nature of the Resolution is to offer the opportunity for City employees to put their own money into a retirement account, tax-free, and the employee could, upon retirement, draw money for use for medical purposes only; noted that the plan would take effect immediately for the CEO contract and will be offered to employees during the next round of Labor Union negotiations. In response to Council Member Rubio' s inquiry, CEO Yauchzee explained that the offer will vary depending on the details and employee labor groups would have to determine who they wish to set up the account(s). Council Member Rubio opined that she would like the employees to have the option as to whether they choose to or not to participate. A motion was made by Rubio, seconded by Pacheco, and carried ( 5 0) to 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SUPPORTING THE LOS ANGELES COUNTY " SAFE, CLEAN NEIGHBORHOOD PARKS AND OPEN SPACE FOR ALL MEASURE" Staff recommends the City Council: 1) Waive further reading, read by title only and adopt Resolution No entitled, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SUPPORTING THE LOS ANGELES COUNTY " SAFE, CLEAN NEIGHBORHOOD PARKS AND OPEN SPACE FOR ALL MEASURE" and 2) Authorize the Mayor to execute resolution, letters of support as needed and appropriate to demonstrate the City Council' s support of the Los Angeles County Safe, Clean Neighborhood Parks and Open Space for all Measure on behalf of the City Council. A motion was made by Lozano, seconded by Garcia, and carried (5 0) to Waive further reading, read by title only and adopt Resolution No entitled, " Resolution of the City Council of the City of Baldwin Park Supporting the Los Angeles County " Safe, Clean Neighborhood Parks and Open Space For All Measure" and authorize the Mayor to execute resolution, letters of support as needed and appropriate to demonstrate the City Council' s support of the Los Angeles County Safe, Clean Neighborhood Parks and Open Space for all Measure on behalf of the City Council. September 21, 2016 Page 12 of 20

13 YEAR CAPITAL IMPROVEMENT PROJECT ( CIP) BUDGET FOR FISCAL YEAR Staff evaluated the 5- year CIP program and found the projects as necessary expenditures to maintain infrastructure and improve the City's delivery of quality services to its residents and customers. Staff recommends that the City Council approve the 5- year CIP program and additional appropriations for FY A motion was made by Lozano, seconded by Garcia, and carried ( 5 0) to approve the 5- year CIP program and additional appropriations for FY PURCHASE AGREEMENT AND LOAN DOCUMENTS BETWEEN THE CITY OF BALDWIN PARK, RIO HONDO COMMUNITY DEVELOPMENT COMMISSION, CITY' S COMMUNITY HOUSING DEVELOPMENT ORGANIZATION' S ( CHDO' S) AND THE HOUSING SUCCESSOR AGENCY FOR THE PROPERTY LOCATED AT 4500 BRESEE AVENUE, BALDWIN PARK Staff recommends the City Council: 1. Approve the Loan Documents of $ 252, 622 from the HOME Fund ( Fund # 221) with Rio Hondo CDC for the purpose of purchasing the property located at 4500 Bresee Avenue; and 2. Approve the Loan Documents of$ 157, 338 ( Equity Lien) from the Housing Successor Agency ( Fund # 890) with Rio Hondo CDC for the purpose of purchasing the property located at 4500 Bresee Avenue; and 3. Approve the purchase agreement with Rio Hondo CDC for the property located at 4500 Bresee Avenue for the purpose of creating a single family affordable housing rental unit. A motion was made by Lozano, seconded by Garcia, and carried (5 0) to: 1. Approve the Loan Documents of$ 252,622 from the HOME Fund ( Fund# 221) with Rio Hondo CDC for the purpose of purchasing the property located at 4500 Bresee Avenue; and 2. Approve the Loan Documents of $ 157, 338 ( Equity Lien) from the Housing Successor Agency ( Fund # 890) with Rio Hondo CDC for the purpose of purchasing the property located at 4500 Bresee Avenue; and 3. Approve the purchase agreement with Rio Hondo CDC for the property located at 4500 Bresee Avenue for the purpose of creating a single family affordable housing rental unit. September 21, 2016 Page 13 of 20

14 CITY COUNCIL ACTING AS SUCCESSOR AGENCY CONSENT CALENDAR All items listed are considered to be routine business by the Successor Agency and will be approved with one motion. There will be no separate discussion of these items unless a Board members so request, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. SA 1 AWARD CONTRACT FOR FINANCIAL ADVISORY SERVICES TO REFINANCE SUCCESSOR AGENCY TAX ALLOCATION BONDS Staff recommends that the Successor Agency approve the selection of Harrell & Company Advisors, LLC, to provide the financial advisory services and authorize the Chair to execute the agreement for services with Harrell & Company Advisors, LLC. Attachment 3 to the Staff Report.) A motion was made by Lozano, seconded by Baca, and carried ( 5 0) to approve the selection of Harrell & Company Advisors, LLC, to provide the financial advisory services and authorize the Chair to execute the agreement for services with Harrell & Company Advisors, LLC, CITY COUNCIL ACTING AS HOUSING SUCCESSOR AGENCY CONSENT CALENDAR All items listed are considered to be routine business by the Housing Successor Agency and will be approved with one motion. There will be no separate discussion of these items unless a Board members so request, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. This Report is Listed under Consent Calendar( See Item # 13) HAS- 1 PURCHASE AGREEMENT AND LOAN DOCUMENTS BETWEEN THE CITY OF BALDWIN PARK, RIO HONDO COMMUNITY DEVELOPMENT COMMISSION, CITY' S COMMUNITY HOUSING DEVELOPMENT ORGANIZATION' S ( CHDO' S) AND THE HOUSING SUCCESSOR AGENCY FOR THE PROPERTY LOCATED AT 4500 BRESEE AVENUE, BALDWIN PARK Staff recommends the City Council: 1) Approve the Loan Documents of $ 252, 622 from the HOME Fund ( Fund # 221) with Rio Hondo CDC for the purpose of purchasing the property located at 4500 Bresee Avenue; and 2) Approve the Loan Documents of $ 157,338 ( Equity Lien) from the Housing Successor Agency ( Fund # 890) with Rio Hondo CDC for the purpose of purchasing the property located at 4500 Bresee Avenue; and 3) Approve the purchase agreement with Rio Hondo CDC for the property located at 4500 Bresee Avenue for the purpose of creating a single family affordable housing rental unit. September 21, 2016 Page 14 of 20

15 A motion was made by Lozano, seconded by Baca, and carried ( 5 0) to: 1) Approve the Loan Documents of$ 252, 622 from the HOME Fund ( Fund # 221) with Rio Hondo CDC for the purpose of purchasing the property located at 4500 Bresee Avenue; and 2) Approve the Loan Documents of $ 157, 338 ( Equity Lien) from the Housing Successor Agency ( Fund # 890) with Rio Hondo CDC for the purpose of purchasing the property located at 4500 Bresee Avenue; and 3) Approve the purchase agreement with Rio Hondo CDC for the property located at 4500 Bresee Avenue for the purpose of creating a single family affordable housing rental unit. PUBLIC HEARING REPORTS OF OFFICERS 14. SIX MONTH UPDATE ON GRANT WRITING ACTIVITIES FROM CALIFORNIA CONSULTING, AND DEL SOL SOLUTIONS It is recommended that the City Council provide staff direction. Steve Samuelion, California Consulting, noted that monthly activity reports are being submitted to the Chief Executive Officer; expressed appreciation to Council for approving the resolution to move forward with the grant application prepared by California Consultants; Associate David Marquez noted that City staff is very pleasant and helpful when preparing grant applications. Council Member Baca asked as to whether a presentation would be made by Del Sol at this evening' s meeting, to which CEO Yauchzee responded by notifying Council that Mr. Solano was not able to attend due to a family emergency. Council Member Baca asked that invoice payments be held until Del Sol has come before Council to provide a report; noted that Council has not received any information as to what Del Sol has been working on. Council Member Baca made a motion to hold all payments to Del Sol until a report can be provided to Council to illustrate the work performed, providing a deadline of October 5, 2016, for response. Mayor Lozano seconded the motion. Council Member Rubio pointed out that the matter of Grant Writing Consultants had become a very serious issue and, once again, Mr. Solano has failed to attend Council meetings to respond to questions, has failed to provide requested reports September 21, 2016 Page 15 of 20

16 and has failed to be accountable to project expectations. Council Member Rubio went on to suggest that the grant writing contract with Del Sol be terminated and that California Consultants be commissioned to prepare all grant applications for a nominal contract price increase as discussed at a previous Council meeting. Council Member Pacheco inquired as to whether grant writing can be done in- house, to which Director Carrillo responded saying that some exclusively applications are complex and require the assistance of an outside consultant. Council Member Rubio made a substitute motion to move forward with terminating the contract with Del Sol and amend the contract with California Consultants to include grant writing for all City departments. Council Member Pacheco seconded the motion. City Attorney Robert Tafoya noted that his office will review the document to insure that termination of the agreement without cause it permitted and that no other action would be necessary. A substitute motion was made by Council Member Rubio to terminate the contract with Del Sol, contingent upon the City Attorney' s review of the contract to insure there is no breach, and amending the contract with California Consultants to expand the scope of work to include grant writing services for all City departments. Council Member Pacheco seconded the motion. Mayor Lozano called for the vote and, seeing no objections, the motion passed 5 0). 15. PARLIAMENTARY PROCEDURE RULES TO BE CONSIDERED BY THE CITY COUNCIL Staff recommends that the City Council select form one of the following options: 1) Adopt Robert' s Rules of Order as the official parliamentary procedures for all City Council meetings; 2) Adopt Rosenberg' s Rules of Order as the official parliamentary procedures for all City Council meetings; 3) Direct the City Attorney to look for additional rules or draft a set of rules to use as the official parliamentary procedure rules for the City of Baldwin Park. A motion was made by Mayor Lozano to bring this item back because he had additional questions. Mayor Pro Tem Garcia seconded the motion, however, Council Members Baca and Rubio expressed objection. Council Member Rubio pointed out that the Robert' s Rules of Order have been September 21, 2016 Page 16 of 20

17 referred to and informally used at previous meetings; asked that Council adopt the Robert' s Rules of Order. Mayor Lozano noted that he still has questions regarding the options and would prefer to bring the item back after those questions have been addressed. A motion was made by Lozano, seconded by Garcia, and carried ( 5 0) to bring this item back following satisfactory answers to Council questions. CITY COUNCIL/ CITY CLERK/ CITY TREASURER/ STAFF REQUESTS & COMMUNICATIONS Request for Consideration by Councilmember Cruz Baca: Councilmember Baca would like to have Council discussion regarding the Greenleaf contract that was terminated, September 7, 2016 and find out what is outstanding money owed to City of Baldwin Park, BPPD, and Vendors who purchased permits, licenses, and paid fees for duration of contract. And how will we/they get paid. Council Member Baca expressed strong objection to comments made by Greenleaf, blaming City staff for the failure of the street market program, in contribution to an article run by the Pasadena Star; noted that she and Council Member Rubio both pointed out that the vendor's proposed start date for the street fair was too early in the year, the weather would not be comfortable, and the event would suffer for it; opined that the vendor is trying to place blame on City staff in order to escape paying the City monies owed and reimbursing those who had paid for permits to participate in the market; request that staff craft a letter to the vendor to object to the comments and for staff to research and see if there is any additional money owed to the City or to the subcontracted vendors. Council Member Rubio pointed out that the Greenleaf representative was in attendance at the meeting where Council Members had expressed reservations as to the success and he assured Council that he would make the event a success; also pointed out that Greenleaf had bounced several checks and inquired as to whether restitution had been collected on those checks. Council Member Baca further pointed out that Greenleaf requested that the street fair be moved Fridays so that the vendor could hold a similar event as a neighboring city. Following discussion, there was consensus of Council to direct staff to prepare correspondence in objection to the allegations and activities of Greenleaf, and to seek payment on outstanding invoices and checks that were returned for insufficient funds. September 21, 2016 Page 17 of 20

18 Request for Consideration by Council member Susan Rubio: Council Member Rubio requests City Council discussion and consideration to explore a special meeting to update the City Council on completed task orders, to review phase study reports and to discuss future projects. Council Member Rubio noted that her request for this meeting would provide an opportunity to address and clarify many of the questions and miscommunications surrounding project task orders and phase studies, pointing out that these activities had significant impact on City projects. Council Member Rubio then made a motion to direct the CEO to arrange and schedule an acceptable date on which presentations and discussions can occur. Council Member Baca seconded the motion. Council Member Pacheco then made a substitute motion that would move forward with setting a date and time for an informational meeting but that it would only cover the phase study reports and not the tsk order, citing that the task orders are too complex and it would take a great deal of time to go through them. Mayor Lozano called for a second ( supporting vote) to Council Member Pacheco' s motion, however none was offered. Mayor Pro Tem Garcia then asked how long it [ the process] would take to which Council Member Rubio responded, explaining the amount of time it takes is irrelevant since this is in the interest of the community and tax payers. Council Member Rubio then made a substitute motion, that Council take as much time as is needed to review all reports and documents, not just the phase studies; Council Member Baca seconded this motion. Mayor Lozano restated the motion, noting that it supersedes Council motion. Council Member Pacheco voiced objection to this new substitute motion. Member Pacheco' s Mayor Lozano directed the City as follows: Clerk to conduct a roll call vote on the Motion. The results are Ayes: Noes: Baca, Rubio Garcia, Pacheco Upon Mayor Pro Tern Garcia' s no vote, she stated for the record " I business what I don' t have time for is political grandstanding." do have time to review city The vote was not completed and discussion continued at this point.] Council Member Rubio responded to Mayor Pro Tern Garcia' s comment expressing objection to the allegation and stating that the Council is obligated to insure city funds are being spent properly and for the benefit of the citizens and taxpayers of the community; pointed out that, because some council members have inferred that it takes too much time during regular meetings, she is suggesting that a separate meeting be held, the time of which would be set up at the convenience of council. September 21, 2016 Page 18 of 20

19 Mayor Pro Tern Garcia opined that she is not convinced that there is any ill intent or misappropriate; stated that she would agree to one one- hour meeting to do a preliminary evaluation and, if it turns out there is grounds to take it further, she would be willing to dedicate more of her time to the matter. Council Member Baca asserted that, as elected officials, it is the duty of Council to understand the business of the City; opined that there is no ill intentions by this action but is meant to serve as a protective action in favor of the City; asserted that understanding and having the ability to explain to the constituency is more important that the time spent in the meeting. Council Member Rubio pointed out that Council Members are not forced to stay at meetings but that the activity needs to be addressed; stated that the assertion that Council Member Rubio is somehow trying to prove corruption is completely false and that the length of any meeting is at Council' s pleasure and not the decision of any one person. Mayor Pro Tem Garcia recanted her commitment to one hour of time because she does not feel there has been any demonstrated reason to suspect misconduct, unethical behavior or corruption; asserted that, after having the meeting, if evidence becomes apparent, she will review what was found and will then be willing to meet to investigate things further. Council Members Baca and Rubio continued discussion on the importance of reviewing and understanding the documents and associated work being performed; asserted that Mayor Pro Tern Garcia has the prerogative on attendance and the meeting is meant to develop an understanding, not gather ammunition for accusations. The discussion concluded with the City Attorney announcing the motion for clarification: Council Member Rubio then made a substitute motion, that Council take as much time as is needed to review all reports and documents, not just the phase studies; Council Member Baca seconded this motion" and noted that this substitute motion superseded Council Member Pacheco' s motion. The vote stood at two ( 2) in favor ( Baca and Rubio) and two ( 2) against Garcia and Pacheco), and the deciding vote would be that of Mayor Lozano. Mayor Lozano voted no and the motion failed 2-3. Baca, Rubio Garcia, Lozano, Pacheco Council Member Rubio voiced her opinion by saying " I would like to state for the record how disappointed I am that we're not given that opportunity to look at these items that have been such a big part of why we' re having these discussions and these disagreements, but I will also state for the record that it is so inappropriate from Mayor Pro Tern Monica Garcia to keep saying that it' s the Susan Rubio and Cruz Baca show every time we question legitimate concerns. At this point, feel like we' re not given that opportunity or the respect as elected officials to ask the question." Council Member Rubio further called upon the Mayor to direct Mayor Pro Tem Garcia from making derogatory remarks about her and about Council Member Baca; stated that Mayor Lozano previously committed to deterring derogatory language and defend members of council, and that he is failing to do so by allowing these comments to continue. September 21, 2016 Page 19 of 20

20 ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Pacheco, seconded by Lozano, and carried to adjourn the meeting at 10:02 p. m. ATTE: : 1 Man zano, Mayor 1I Alejandra ila, City Clerk r APPROVED: 21/ 5/// September 21, 2016 Page 20 of 20