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HomeMy WebLinkAbout2013 11 20 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING NOVEMBER 20, 2013, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:00 p.m. INVOCATION The invocation was provided by Council Member Pacheco. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL The following Council Members were in attendance: Council Member Marlen Garcia Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tern Monica Garcia Mayor Manuel Lozano ANNOUNCEMENTS The Mayor announced, as required by Government Code section 54954.3, members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. Mayor Lozano requested that the meeting close in memory of Pastor Daniel Diaz of New Beginnings Church who was tragically gunned down. He also asked for support for the people in the Philippines who suffered a tragedy and need donations. Council Member Garcia requested that the meeting close in memory of Melissa Vargas, wife of former Mayor Fidel Vargas. Council Member Rubio offered her condolences to the Vargas family and requested that the meeting close on behalf of Assembly Member Mike Gatto's father, who was also tragically shot. She congratulated the Police Department's 20th Pride Platoon graduating class on a job well done. Council Member Pacheco invited the public to attend the annual tree lighting ceremony on December 5th and the swearing in ceremony for the newly elected City officials on December 4th. City Council Minutes 11/20/13 PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Purse collection Presentation to the House of Ruth in honor of Domestic Violence Prevention Month - Council Member Garcia presented Marina Wood, Prevention Coordinator for the House of Ruth, with a certificate of appreciation for the services they provide to families and 117 purses collected for victims of domestic violence. • Certificates of Recognition presented to the Baldwin Park Police Explorers for their dedication and service to the community - Police Chief Lili Hadsell presented the Explorers with certificates of recognition for their service to the community and to California Highway Patrol Sgt. Jose Nunez for his volunteerism to help our young people. The State Assembly and State Senate also provided certificates of recognition. PUBLIC COMMUNICATIONS Mayor Lozano announced that public communications is now open and the limit on each speaker is three (3) minutes. Ken Woods, resident and business owner, stated his time on the Water Board was short lived but very fulfilling. He announced that his last action will be to initiate a senior citizen discount program for the residents. Mr. Luna, resident, thanked the Council for cleaning up the City and said it makes people appreciate Baldwin Park. He said that more parking is needed at Kaiser. Members of the Posada Committee presented Council Member Garcia with a small token of appreciation and thanked her for all the time she put in getting donations and gifts for the kids. They also thanked her for her support with church events and the Little League. Cruz Baca, Council Member Elect, recognized the ladies from the Women's Club and asked the public for donations for the Veterans Hospital which will be distributed in mid-December. Amanda Serrato, 50 year resident, asked that Michelle Rivera be allowed to read a poem she authored called "My Beautiful City". Council Member Pacheco requested that the poem be included in the NOW newsletter. Rafael Gonzalez, Library Manager, announced the work on the Library refurbishment continues. He thanked Marlen Garcia for being a strong supporter of the library and said we are going to miss you and we wish you the very best in your future endeavors. Greg Tuttle, business owner, congratulated Alejandra Avila, Marie Contreras and Lanet Pacheco on their re-election. He also made statements regarding false information in a communication from the City Manager, the City still not having an adopted budget and the harmful mold and asbestos in City Hall. Maude DeTrellis, resident, thanked Recreation and Community Services Director Manuel Carrillo Jr. for doing an outstanding job on the pool and asked that staff look into maintenance of the showers. She also saluted Council Member Marlen Garcia and said she will be missed. She reminded everyone that it's the holidays and there are a lot of people who need help. Page 2 of 8 City Council Minutes 11/20/13 Mary Ferrer, resident, thanked Council Member Marlen Garcia and said she admires her for giving her heart to the City. She also mentioned at the last meeting, the President of the Police Association said they helped get the new Council elected and stated she hopes when the Council makes decisions they make them on facts and not because you owe them. Mr. Leon, stated an Assembly Bill on Hydraulic Fracking is currently accepting comments and requested that the City Council submit a comment that increased drilling contributes to greenhouse gases. There being no additional speakers, Mayor Lozano closed Public Communications at 7:48 p.m. Mayor Pro Tem Garcia read a letter sent to the Baldwin Park Police Association from City Manager Vijay Singhal and encouraged the public to look at both sides of the story and form their own opinion. Mayor Lozano added that Vijay Singhal is the lowest paid City Manager in the San Gabriel Valley and the last time he received a raise was five (5) years ago. He thanked Mr. Singhal for doing a phenomenal job. CONSENT CALENDAR Mayor Pro Tem Garcia pulled Item Nos. 4 and 5 for further discussion. Council Member Pacheco pulled Item Nos. 3, 6, 8 and 9 for further discussion. A motion was made by Lozano, seconded by Rubio, and carried (4— 0— 1) with Marlen Garcia abstaining, to approve the remaining consent calendar Item Nos. 1, 2, 7 and 10. AYES: Pacheco, Rubio,Garcia, Lozano NOES: None. ABSENT: None. ABSTAIN: Marlen Garcia 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands. 2. TREASURER'S REPORT: AUGUST 2013 &SEPTEMBER 2013 Staff recommends that the City Council receive and file the August 2013 & September 2013 Treasurer's Reports. 3. CONTINUED FROM NOVEMBER 6, 2013. INTRODUCE ORDINANCE NO. 1360 AMENDING SECTION 125.010 AND 125.020 OF THE BALDWIN PARK MUNICIPAL CODE TO PROHIBIT THE SALE OF SINGLE CIGARS Staff recommends that the City Council introduce by first reading by title only Ordinance No. 1360, "AN ORDINANCE OF CITY COUNCIL OF CITY OF BALDWIN PARK AMENDING SECTIONS 125.010 AND 125.020 OF THE BALDWIN PARK MUNICIPAL CODE TO PROHIBIT THE SALE OF SINGLE CIGARS (APPLICANT: CITY OF BALDWIN PARK)" (Item No. 3 was pulled by Council Member Pacheco for further discussion.) Page 3 of 8 City Council Minutes 11/20/13 Council Member Pacheco stated he would like to move this item to a future date. He said he is concerned about enforcement. Council Member Garcia said she would like the item discussed at this meeting because there are people in the audience who would like to speak on this item. Mayor Lozano announced that public comment would now be taken on this item. Francisco Lizama, Los Angeles County Public Health, gave a brief presentation. Mr. Escalante, resident, stated he is in support of this law because he volunteers at the High School and sees the students using tobacco products. Mr. Hun, owner of several 7-11 stores, stated he has worked in Baldwin Park and West Covina teaching young people not to smoke and he believes tobacco consumption is down. He also said retail is tightly monitored and heavily regulated and he cannot sell to minors. Daniel Cisneros, representative of 7-11 Inc., stated they are responsible retailers with procedures in place so these products don't get into the hands of youth. He said it is the marketing of cigar products that appeal to young people, so that is what needs to change. Mr. Luna, resident, asked how the City is going to police this law and said kids will always find a way to buy cigarettes. He suggested higher taxes on tobacco products which would bring revenue to the City. Pauline Skyler, resident since 1972, stated she has worked at 7-11 since 1981 and by law they must check ID. She said customers will go to other cities to buy their items, which will hurt business and impact jobs. Maude DeTrellis, resident, said businesses are important and so are the children. She asked the Council to find an even way to help store owners but keep it out of the hands of the children. John DeLeon stated that marketing is the reason kids buy into the tobacco culture. Rolando Beltran, owner 7-11 store, said he has invested a lot of time and money into his business and the City, and if the Council starts taking some of his revenues it's going to affect him and the City. Mr. Tuttle, business owner, stated he is an ex-smoker and this City is not going to stop the kids from doing this. He said the Council needs to support business or they're going to run these businesses out of the City. With no one else wishing to speak, Mayor Lozano closed public comment on Item No. 3. Council Member Garcia thanked everyone for the dialogue and said this change to the ordinance is to continue the healthy community. She said the City has been recognized nationally and the kids are healthier because of our efforts over the last ten (10) years. Page 4 of 8 City Council Minutes 11/20/13 Council Member Pacheco stated he feels this is a false sense of security. He said he is willing to work with the community to find a better way to enforce that children do not smoke. He said the solution to this ordinance is working together to have a system in place. Council Member Rubio stated her concern is supporting something that is not going to work. She said her goal is to stop the youth from smoking and at this point she doesn't want to support this because she needs time to research it further. Mayor Pro Tem Garcia stated she has seen the various changes in our City and she would like a solution. She said she isn't sure if prohibiting this product is the solution. She would like to meet in order to put a plan together for both sides. Mayor Lozano thanked County Public Health and 7-11 because they are working with the City. He stated he would like this item brought back. Council Member Garcia stated she would like to recognize 7-11 for being a great partner and urged the Council to continue the work that has been done so far and to not let this item die. A motion was made by Lozano, seconded by Rubio, and carried (5—0) to bring this item back in order to consider dialogue with the businesses. AYES: Garcia, Pacheco, Rubio, Garcia, Lozano NOES: None. ABSENT: None. ABSTAIN: None. 4. ADOPTION OF RESOLUTION NO. 2013-037 APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR FIRST SUPERVISORIAL DISTRICT EXCESS FUNDING FOR BARNES PARK IMPROVEMENTS AND WALNUT CREEK NATURE PARK RESTORATION Staff recommends the City Council: 1) Waive further reading, read by title only and adopt Resolution No. 2013-037 titled "RESOLUTION NO. 2013-037 APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR FIRST SUPERVISORIAL DISTRICT EXCESS FUNDING FOR BARNES PARK IMPROVEMENTS AND WALNUT CREEK NATURE PARK"; and 2) Authorize the Director of Recreation & Community Services to execute and further documents. (Item No. 4 was pulled by Mayor Pro Tern Garcia for further discussion.) Mayor Pro Tem Garcia stated that Item No. 4 is related to Walnut Creek Nature Park and thanked County Supervisor Gloria Molina for donating $200,000 and also thanked staff for working on this project which improves the quality of life in Baldwin Park. Page 5 of 8 City Council Minutes 11/20/13 Council Member Pacheco stated this item also addresses Barnes Park which he has worked to improve in the past and looks forward to continuing to improve it. He thanked staff for all of their work. A motion was made by Monica Garcia, seconded by Lozano, and carried (5 — 0) to approve Item No. 4. AYES: Garcia, Pacheco, Rubio, Garcia, Lozano NOES: None. ABSENT: None. ABSTAIN: None. 5. ADOPTION OF RESOLUTION NO. 2013-038 APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE SAN GABRIEL WATERSHED, SAN GABRIEL MOUNTAINS AND LOWER LOS ANGELES RIVER GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEANWATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 Staff Recommends the City Council: 1) Waive further reading, read by title only and adopt Resolution No. 2013-038 titled "RESOLUTION NO. 2013-038 APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE SAN GABRIEL WATERSHED, SAN GABRIEL MOUNTAINS AND LOWER LOS ANGELES RIVER GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEANWATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000"; and 2) Authorize the Director of Recreation & Community Services to execute any further documents. (Item No. 5 was pulled by Mayor Pro Tern Garcia for further discussion.) Mayor Pro Tern Garcia stated that Item No. 5 is also related to Walnut Creek Nature Park and she thanked County Supervisor Gloria Molina for donating $200,000 and thanked staff for working on this project. A motion was made by Monica Garcia, seconded by Lozano, and carried (5—0) to approve Item No. 5. AYES: Garcia, Pacheco, Rubio, Garcia, Lozano NOES: None. ABSENT: None. ABSTAIN: None. 6. ACCEPTANCE OF AND AUTHORIZATION TO PROCEED WITH A REQUEST FOR PROPOSALS FOR THE DESIGN OF THE LOS ANGELES STREET/ LA RICA AVENUE AND BALDWIN PARK BOULEVARD / OHIO STREET INTERSECTIONS TRAFFIC SIGNAL DESIGN It is recommended that the City Council approve the Request for Proposals and direct staff to advertise. Page 6 of 8 City Council Minutes 11/20/13 (Item No. 6 was pulled by Council Member Pacheco for further discussion.) Council Member Pacheco stated these street light improvements will improve pedestrian safety throughout the City especially in areas that really need it. A motion was made by Pacheco, seconded by Rubio, and carried (5— 0) to approve Item No. 6. AYES: Garcia, Pacheco, Rubio, Garcia, Lozano NOES: None. ABSENT: None. ABSTAIN: None. 7. SECOND READING OF ORDINANCE 1359. THE ADDITION OF SECTION 153.170.107 TO THE CITY'S MUNICIPAL CODE RELATING TO COMPREHENSIVE SIGN PROGRAMS (LOCATION: CITYWIDE; APPLICANT: KAISER PERMANENTE; CASE NUMBER: AZC-174) Staff recommends that the City Council adopt Ordinance 1359 on second reading, read by title only and waive any further reading thereof. 8. TRANSIT ORIENTED DEVELOPMENT SPECIFIC PLAN FOR THE DOWNTOWN AREA OF BALDWIN PARK---REQUEST FOR PROPOSAL Staff recommends that the City Council approve the Transit Oriented Development Specific Plan consultant request for proposal and authorize staff to issue the request for proposal. (Item No. 8 was pulled by Council Member Pacheco for further discussion.) Council Member Pacheco read aloud the background information on this item. He referenced a report done previously by a consultant that raised issues regarding not enough parking in the downtown and he said the City needs to make the downtown more attractive to developers. A motion was made by Pacheco, seconded by Rubio, and carried (5— 0) to approve Item No. 8. AYES: Garcia, Pacheco, Rubio, Garcia, Lozano NOES: None. ABSENT: None. ABSTAIN: None. 9. AWARD CONTRACT FOR CITYWIDE TREE TRIMMING SERVICES TO WEST COAST ARBORIST Staff recommends that the City Council: 1) Award Maintenance Service Contract to West Coast Arborist, Inc. in the amount of $95,000; and 2) Authorize the Mayor to execute the attached agreement. (Item No. 9 was pulled by Council Member Pacheco for further discussion.) Page 7 of 8 City Council Minutes 11/20/13 Council Member Pacheco stated he would like this item moved to the next meeting to give him an opportunity to meet with the Public Works Director to see if City staff can do this in-house. A motion was made by Pacheco, seconded by Rubio, and carried (5— 0) to move Item No. 9 to the next meeting. AYES: Garcia, Pacheco, Rubio, Garcia, Lozano NOES: None. ABSENT: None. ABSTAIN: None. 10. NOTICE OF COMPLETION —CITY OF BALDWIN PARK TRANSIT CENTER PARKING STRUCTURE It is recommended that City Council: 1) Accept the construction improvements by PCL Construction Services, Inc. and authorize the recordation of a Notice of Completion; and 2) Authorize the release of $1,047,011 in project retention to PCL Construction Services, Inc. upon expiration of the 35-day lien period. ADJOURNMENT A motion was made by Lozano and seconded by Marlen Garcia to adjourn the City Council meeting at 9:03 p.m. to the Housing Authority and Finance Authority meetings, and in memory of Pastor Daniel Diaz, Melissa Vargas and Assembly Member Mike Gatto's father. Sd May. ATTEST: City Clrk Page 8 of 8