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HomeMy WebLinkAbout2015 05 06 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING • MAY 6, 2015, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:10 p.m. INVOCATION The invocation was provided by Councilmember Pacheco. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Pacheco. ROLL CALL MEMBERS PRESENT: Council Member Monica Garcia Council Member Ricardo Pacheco Council Member Susan Rubio • Mayor Pro Tem Cruz Baca Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano stated that no reportable action was taken on items discussed during Closed Session. ANNOUNCEMENTS Mayor Lozano commented that he and Mayor Pro Tem Baca had attended the grand opening of the Starbuck's Coffee at the Kaiser Permanente Medical Center and urged everyone to stop by the facility to enjoy the many improvements. Councilmember Pacheco congratulated the Guadalajara Grill on its 201h Anniversary, noting that Council presented a plaque to recognize milestone anniversary, noted that the community has been fortunate to enjoy the food and services all these years. Mayor Lozano extended thanks to the Baldwin Park Police Officers Association for hosting the Cinco De Mayo and noted that the celebration was enjoyed by residents in the community. Mayor Pro Tem Baca also extended thanks to the Association for sponsoring the event. Councilmember Rubio extended congratulations to the recent graduates of the Pride Platoon and thanked the Baldwin Park Police Department for its dedication to this program. • PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • • Presentation of a Proclamation recognizing May 2015 as National Lupus Awareness Month. Mayor Lozano presented a Proclamation recognizing May 2015 as National Lupus Awareness Month. • Recognition to Danae Odyssey Aguirre (BPHS) and Alejandra Perez (SVHS) for winning the Mark Daniel Flores Music Scholarship Award Mayor Lozano presented Certificates of Recognition from City Council, and Certificates of Recognition from Assemblymember Roger Hernandez's office, to honor Ms. Aguirre (who was not present) and to Ms. Perez. Ms. Perez then entertained Council with a musical performance with her clarinet. • Proclamation recognizing May 2015 as Poppy Month. Mayor Lozano presented to Miss Poppy 2015, Ivory Salcido, a Proclamation recognizing May 2015 as Poppy Month in the City of Baldwin Park. • Presentation of a Certificate of Recognition to Ivory Salcido who was selected by the American Legion Unit 241 to be Miss Poppy for 2015. Mayor Lozano presented a Certificate of Recognition to Miss Poppy 2015, Ivory Salcido, and congratulated her on the honorary selection. • • Presentation of a Proclamation recognizing May 2015 as Older Americans Month Mayor Lozano presented Acelia Santillan and Marge Middlekauff with a Proclamation recognizing May 2015 as Older Americans Month. • Presentation of Plaques to Acelia Santillan and Marge Middlekauff, winners of the Senior Citizen of the Year Award 2015. Mayor Lozano presented Plaques to the winners of the Senior Citizen of the Year 2015 Award, Acelia Santillan and Marge Middlekauff. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:47 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Art Luna, Baldwin Park resident, questioned the late presentation of meeting minutes dating back to 2012; expressed objection to decisions made that pertain to city property; further expressed objection to the Montebello project, opining that the project is a disservice to the community. Leonardo Cassada, Baldwin Park resident, expressed concern about the proposed Wayne Manor project that would be located adjacent to an elementary school; voiced fear for the safety of children in the neighborhood and students walking to and from school; pointed out that, because of the facility's proposed "open door" policy, residents would have the opportunity to roam around the neighborhood without supervision and with no accountability. Page 2 of 10 Claudia Flores, Baldwin Park resident, representing the Committee of Parents and Families of the De Anza School in Baldwin Park; she is speaking on behalf of all of the parents, stating that • the parents feel the Wayne Manor project would compromise the safety of the children who attend De Anza School *Testimony of Ms. Flores was translated from her native language of Spanish to English by Mayor Pro Tem Cruz Baca. Thomas Kerri, San Bernardino resident, blames the mental facilities being located around the community on Ronald Reagan; commented on the proposed Fireworks Celebration proposal; stated that the funds that would be used for the 4th of July Celebration should be used for graffiti abatement, teen programs or other services that serve a more critical need to the community; suggested that the fireworks celebration should be saved for the City's 60th Anniversary Celebration next year. Juan Rios, Baldwin Park resident, commented on the proposed Cottage Foods Ordinance on the evening's agenda; noted that Code Enforcement should be making a presence at the soccer games because food and beverages are being sold by vendors who do not have health permits; pointed out that the playing fields are still being left a mess after use by the soccer leagues, including trash all over and the restrooms are a mess. Brenda Massias, Baldwin Park resident, spoke out about the proposed Wayne Manor project that will be located behind the De Anza School; stated that she will not feel safe with the facility being located in her neighborhood Fred Barbosa, Baldwin Park resident, commented on the proposed letter to the City of Irwindale, appearing on the evening's agenda as Item No. 3; stated that there has been a great deal of false information being disseminated to the community and neighboring cities; noted that Clean 0 Tech is a very credible company and that their proposed expansion would actually be a benefit to the San Gabriel Valley. Margarita Mercado, Baldwin Park resident, stated that she is a parent-volunteer at De Anza School and is speaking on behalf of herself and other parents with children attending De Anza; stated that the parents are concerned about the safety of the children; stated that, as adults, the parents realize that those with a mental disability need care and a place to live, but their children are very young and need to be protected; pointed out that many children walk to and from school alone; the parents are seeking support and do not want the project to move forward. 'Testimony of Ms. Mercado was translated from her native language of Spanish to English by Mayor Pro Tem Cruz Baca. Greg Tuttle, Baldwin Park business owner, commented on the proposed expansion project by Clean Tech; opined that the information being provided to the public misrepresents Clean Tech and that the company nearby, Viola, is the real perpetrator of the toxic waste and pollution in the area; expressed objection to the proposed fireworks celebration and pointed out that, given the current status of labor negotiations, the funds would be better spend elsewhere; commented on the Cottage Foods Ordinance, Item No. 11 on the evening's agenda, stating that the putting controls in place is a positive move forward but that it has to be applied to everyone, including those that are selling home prepared food at soccer games. Phil, Baldwin Park resident, inquired about future plans for the City with regard to new development, whether it be commercial, recreational or residential, on many of the vacant properties in town. • Page 3 of 10 Mario Maciel, Baldwin Park resident, commenting on Item No. 3 on the evening's agenda, pertaining to the proposed Clean Tech facility expansion, noting that he is a former employee of • the company and opined that it operates in compliance of all regulations and restrictions, and that the company very clean and environmentally conscious; pointed out that much of the information that has been disseminated to the community is media hype and is untrue. Seeing no others wishing to speak, the Mayor Lozano declared Public Communications closed at 8:02 p.m. Mayor Lozano commented on the proposed Wayne Manor project, noting that the property owner has not, to date, filed any applications; also pointed out that he and Mayor Pro Tem Baca recently met with parents of De Anza School students to hear their concerns; stated that no decision can be made by Council until and unless the property owner submits an application. Councilmember Pacheco stated that he had also met with concerned parents to let them share their views and concerns with him. He reiterated that Council cannot take any position on the project until and unless applications for the project are submitted. CONSENT CALENDAR Consent Calendar Item Nos. 3, 4 and 9 were pulled for further discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. • A motion was made by Lozano, seconded by Rubio, and carried (5— 0)to ratify the Warrants and Demands Register. AYES: Lozano, Baca, Garcia, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 2. APPROVAL OF MEETING MINUTES Receive and file: A. Minutes of the Special, Regular, Finance and Housing Authority meetings of the City Council held on May 16, 2012. B. Minutes of the Special meeting of the City Council held on May 30, 2012. C. Amended Minutes of the Regular meeting of the City Council held on April 1, 2015. D. Minutes of the Special meeting of the City Council held on April 6, 2015. E. Minutes of the Special, Regular, Finance and Housing Authority meetings of the City Council held on April 15, 2105. F. Minutes of the Special meeting of the City Council held on April 27, 2015 • A motion was made by Lozano, seconded by Rubio, and carried (5—0) to receive and file the minutes. Page 4 of 10 AYES: Lozano, Baca, Garcia, Pacheco, Rubio NOES: None. • ABSENT: None. ABSTAIN: None. 3. OPPOSITION TO THE CITY OF IRWINDALE APPROVAL OF THE PROPOSED CLEAN TECH ENVIRONMENTAL INC. FACILITY EXPANSION Staff recommends that Council approve a letter to the City of Irwindale in opposition to a proposed expansion of the Clean Tech Environmental, Inc., facility or provide direction to staff. Councilmember Garcia asked that this item be pulled and that a summary brief be provided to Council at a future meeting. City Manager Yauchzee provided a brief history of the company and what the proposed project will entail; explained that he and Community Development Director Castagnola toured the facility and found everything to be in compliance. A motion was made by Lozano, seconded by Pacheco, and carried (5—0) to remove this item from the Agenda. AYES: Lozano, Baca, Garcia, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. • 4. RENEWAL OF AN AGREEMENT WITH THE BERKSHIRE GROUP FOR FINANCIAL CONSULTING Staff recommends that Council approve the extension of the contract with The Berkshire Group for an additional one year period. Councilmember Pacheco asked that the item be continued to future meeting to allow for additional time to review the proposed agreement. Mayor Pro Tem Baca continued the discussion, asking that Council move forward with the agreement based on past performance with the consultant; pointed to the bus route adjustments that resulted in significant saving for the City. Councilmember Pacheco stated that there had been some issues with payment to the consultant and some other matters that he wishes Council to consider before moving forward with the approval. A motion was made by Pacheco, seconded by Lozano, and carried (3— 2, Baca and Rubio objecting) to pull the item from the Consent Calendar for consideration at a future meeting. AYES: Lozano, Garcia, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. Page 5 of 10 Further discussion ensued and Councilmember Rubio expressed the desire for the item to be presented back to Council at a date certain; upcoming meeting • dates were considered and a date certain was selected. A motion was made by Baca, seconded by Rubio, and carried (5 —0) to bring back The Berkshire Group contact back on the date certain of June 3, 2015. AYES: Lozano, Baca, Garcia, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 5. APPROVE THE PROPOSAL FROM REVENUE AND COSTS SPECIALISTS, LLC, FOR A COMPREHENSIVE FEE STUDY Staff recommends that Council approve the proposal from Revenue and Costs Specialists, LLC, for a comprehensive fee study, and direct the City Attorney to prepare the necessary contract, and authorize the Mayor to sign the contract. A motion was made by Lozano, seconded by Rubio, and carried (5— 0) to approve the proposal from Revenue and Costs Specialists, LLC, for a comprehensive fee study, and direct the City Attorney to prepare the necessary contract, and authorize the Mayor to sign the contract. AYES: Lozano, Baca, Garcia, Pacheco, Rubio NOES: None. ABSENT: None. • ABSTAIN: None. 6. VACATION OF EASEMENT -TRACT NO. 71822 Staff recommends that Council approve the vacation of the easement and Quit Claim the unimproved street. A motion was made by Lozano, seconded by Rubio, and carried (5— 0) to approve the vacation of the easement and Quit Claim the unimproved street. AYES: Lozano, Baca, Garcia, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. AUTHORIZE COMMITTEE NAME CHANGE Staff recommends that Council approve and authorize the cooperative committee now called the 2 + 2 + 2 Committee to be renamed and known as the Community Cooperative Committee. A motion was made by Lozano, seconded by Rubio, and carried (5—0) to approve and authorize the cooperative committee now called the 2 + 2 + 2 Committee to be renamed and known as the Community Cooperative Committee. AYES: Lozano, Baca, Garcia, Pacheco, Rubio • NOES: None. ABSENT: None. ABSTAIN: None. Page 6 of 10 8. AUTHORIZE PARTICIPATION IN THE 2015 DEPARTMENT OF EDUCATION SUMMER LUNCH PROGRAM • Staff recommends that Council: 1. Authorize staff to submit the application to the State of California Department of Education for participation in the 2015 Summer Lunch Program; and 2. Authorize the Director of Parks and Community Services to execute all Summer Lunch Program documents, including the agreement with the Baldwin Park Unified School District. A motion was made by Lozano, seconded by Rubio, and carried (5—0) to Authorize staff to submit the application to the State of California Department of Education for participation in the 2015 Summer Lunch Program; and authorize the Director of Parks and Community Services to execute all Summer Lunch Program documents, including the agreement with the Baldwin Park Unified School District. AYES: Lozano, Baca, Garcia, Pacheco, Rubio NOES: None. ABSENT: Lozano. ABSTAIN: None. 9. AWARD OF CONTRACT FOR CITY-WIDE JANITORIAL SERVICES TO CA CLEANING MAINTENANCE Staff recommends that Council approve and award the contract to the lowest responsive and responsible bidder, CA Cleaning Maintenance. • Councilmember Baca began discussion by inquiring about the cost of outsourcing the janitorial services versus having City staff doing the work. Parks and Community Services Director Carrillo explained that the performance standards were not being achieved and that keeping the janitorial services in- house did not provide the kind of value in return as was original anticipated. A motion was made by Baca, seconded by Lozano, and carried (5—0) to approve and award the contract to the lowest responsive and responsible bidder, CA Cleaning Maintenance, contingent upon the amendment to the contract term to 12 months instead of 24 months and providing a performance report to Council after one year. AYES: Lozano, Baca, Garcia, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 10. APPROVE THE AGREEMENT WITH TIME WARNER CABLE AUTHORIZING THE INSTALLATION AND MAINTENANCE OF WIRELESS COMMUNICATION EQUIPMENT AT FOUR (4) CITY LOCATIONS Staff recommends that Council approve and authorize the Mayor to sign the Install and Maintenance Agreement with Time Warner Cable and any additional documents as necessary. Page 7 of 10 A motion was made by Lozano, seconded by Rubio, and carried (5—0) to approve and authorize the Mayor to sign the Install and Maintenance Agreement • with Time Warner Cable and any additional documents as necessary. AYES: Lozano, Baca, Garcia, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. PUBLIC HEARING 11. CONDUCT A PUBLIC HEARING TO CONSIDER A REQUEST FOR CONSIDERATION OF A PROPOSED AMENDMENT TO THE CITY'S MUNICIPAL CODE ADDING LANGUAGE RELATING TO COTTAGE FOOD OPERATIONS IN ACCORDANCE WITH STATE LAW. (LOCATION: ALL RESIDENTIAL ZONES; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: AZC-176) Staff recommends that Council conduct a Public Hearing to consider a request of a Proposed Amendment to the City's Municipal Code Adding Language Relating to Cottage Food Operations in Accordance with State Law (Location: All Residential Zones; Applicant: City of Baldwin Park; Case Number: AZC-176), and following the hearing, introduce and read, by title only, Ordinance No. 1371, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK TO AMENDING BALDWIN PARK MUNICIPAL CODE CHAPTER 153.220 AND 153.120 TO ESTABLISH REGULATIONS FOR COTTGE FOOD OPERATIONS." Discussion ensued and Council expressed concern regarding enforcement of the Ordinance; staff was directed to prepare a presentation to be heard in a future Study Session. The Public Hearing was not opened due to the item being continued to a future date uncertain. A motion was made by Lozano, seconded by Pacheco, and carried (5—0) to continue this item to a future Council meeting following presentation at an informational Study Session. AYES: Lozano, Baca, Garcia, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 12. CONDUCT THE SECOND PUBLIC HEARING REGARDING THE FIVE YEAR CONSOLIDATED PLAN, FISCAL YEAR 2015-2016 ANNUAL ACTION PLAN, THE CITIZEN PARTICIPATION PLAN AND ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE/FAIR HOUSING PLAN Staff recommends that Council conduct the second public hearing and, following the public hearing, approve: 1) The FY 2015-2019 Five Year Consolidated Plan and the FY 2015-2016 Annual Action Plan, including the funding allocations as approved by the City Council on April 15, 2015; • 2) The Analysis of Impediments to Fair Housing Choice/Fair Housing; and Page 8 of 10 3) The Citizen Participation Plan. • A motion was made by Lozano, seconded by Baca, to reopen the Public Hearing Item No. 12 and directed staff to proceed with the presentation. Mayor Lozano declared the Public Hearing open at 8:43 p.m. and invited anyone wishing to speak in support of the item to come forward. Seeing no one wishing to speak in support, Mayor Lozano invited anyone wishing to speak in opposition to the item to come forward. Seeing no one wishing to speak in opposition, Mayor Lozano closed the Public Hearing at 8:43 p.m. A motion was made by Lozano, seconded by Pacheco, and carried (5 —0) to approve the FY 2015-2019 Five Year Consolidated Plan and the FY 2015-2016 Annual Action Plan, including the funding allocations as approved by the City Council on April 15, 2015; approve the Analysis of Impediments to Fair Housing Choice/Fair Housing; and approve the Citizen Participation Plan. AYES: Lozano, Baca, Garcia, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS • 13. FORMATION OF MEDIAN LANDSCAPE DESIGN AD-HOC COMMITTEE Staff recommends that Council form a Median Landscape Design Ad-hoc Committee and appoint two City Councilmembers to serve on this committee. Public Works Director Wall briefly explained the purpose of the Ad-hoc Committee and its goals; provided some committee membership scenarios for Council consideration. Council began discussion, and interest in serving on the committee was unanimous across all members. Rather than selecting two Councilmembers to serve on the committee, it was suggested that workshops be scheduled to include all Council. 14. CONSIDERATION OF HOSTING 4TH OF JULY FIREWORKS CELEBRATION Staff recommends that Council: 1) Provide direction as to whether to move forward with hosting of the 4th of July Celebration; 2) Provide direction for an allocation of$26,509 (July 3rd) or$36,509 (July 4th) from the General Fund; and 3) Authorize the advertising of an RFP for Professional Pyrotechnic services related to the 4th of July Fireworks Celebration. • Page 9 of 10 Mayor Pro Tern Baca expressed concern about sourcing the fund to pay for the event from the General Fund and suggested that reinstatement of the fireworks • be held until next year, at which time the celebration can be incorporated with the City's 60th Anniversary. Councilmember Rubio echoed Mayor Pro Tern Baca's feelings and suggested that the funds be used to fund other more urgent needs of the City. Councilmember Pacheco suggested that funds be sourced from the Business Improvement Tax Fund in combination with or in lieu of funds from the General Fund; suggested that local businesses be tied in to the celebration by advertisement or other promotional means, similar to the Street Festival. A motion was made by Garcia, seconded by Pacheco, and carried (3—2, Baca and Rubio objecting) to approve the advertisement of an RFP for Professional Pyrotechnic Services related the 4th of July Fireworks Celebration; approved the event date of July 4th with an estimated cost of$36,509, with the contingency that funds be taken from the Business Improvement Tax Fund rather than the General Fund. AYES: Lozano, Garcia, Pacheco NOES: Baca, Rubio. ABSENT: None. ABSTAIN: None. CITY COUNCIL/CITY CLERK/ CITY TREASURER/STAFF REQUESTS & IIICOMMUNICATIONS ADJOURNMENT There being no other business to discuss, and all other matters havin• been addressed, a motion was made by Lozano, seconded by Baca, to adjourn the me . . °\03 p.- I ATTEST: / � k Mayor/ j --74_____ Manuel L ft o, Mayor Alejan• Avila, r ity Cler j APPROVED: (0 I 3 itC • Page 10 of 10