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HomeMy WebLinkAbout2015 08 19 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING . AUGUST 19, 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 0:00 p.m. INVOCATION The invocation was provided by Father Mike Gutierrez. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Ricardo Pacheco Council Member Monica Garcia Council Member Susan Rubio . Mayor Pro Tern Cruz Baca Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano stated that staff received direction but that no reportable action was taken on items discussed during Closed Session. ANNOUNCEMENTS Mayor Lozano announced, as required by Government Code section 54954.3, that 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 asked that the meeting be closed in memory of the mother of Sister Rosario, extending sincerely sympathy to her and her family. Mayor Lozano also extended condolences to the family of a well-respected teacher and coach at Baldwin Park High School, Bill Sterling, who recently passed away; extended deepest condolences to his surviving wife, Terry, and his three sons. Mayor Pro Tem Baca asked that the meeting be closed in memory of her late Brother-in-law • Danny Sambello, who was recently in a fatal boating accident. Mayor Lozano announced that he will be pulling Item No. 12, "Introduction of an Ordinance of the City Council of the City of Baldwin Park Amending Chapter 100 of the Baldwin Park • Municipal Code for Official Police Tow Truck Services" off the agenda. Councilmember Rubio reminded everyone of the Street Faire which will be held the following night, Thursday, August 20, 2015, from 5:00 pm. to 9:00 p.m.; invited everyone to come out and enjoy the festivities and sample some of the many foods available from local vendors. Councilmember Pacheco announced the collaboration of the City of Baldwin Park, the County of Los Angeles, the Baldwin Park Unified School District and Mount San Antonio College (Mt. SAC) in the successful opening of Baldwin Park's "America's Job Center"which will be located in the Baldwin Park Adult and Community Education Center. Mayor Pro Tem Baca commented on the success of the recent Senior Fashion Show which was held at the Esther Snyder Senior Center; expressed appreciation to all those who put the show on and what a great turn-out there was. Councilmember Garcia announced that the total Grant Funds received for the Walnut Creek Nature Park has now reached a total of$300,000; expressed appreciation to staff for all the work put into preparing the grant applications. City Clerk Avila commented on her recent"ride along" with Baldwin Park Officer Jessica Rodriguez stating that it was a tremendous experience; invited members of the community to speak to officers with any concerns or questions they may have. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • None. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:17 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Juan Rios, Baldwin Park resident, asked the City Attorney to advise Council of the importance of speaking to the public in a respectful and professional manner; suggested that Council undergo training to remind members of the importance of treating people with dignity and esteem; such behavior would not be tolerated in other instances and should not be here. Art Luna, Baldwin Park resident, commented and objected to councilmembers arriving late at meetings; commented on still-outstanding meeting minutes from prior years; demanded that council apologize to certain members of the audience who were the subject of derogatory comments at a prior meeting; commented on his continued objection to the ROEM Project. Father Mike Gutierrez, Pastor at St. John the Baptist Church, commented on recent recognition by Congresswoman Hilda Solic of St. John's for its work on immigration; spoke against the pulled agenda Item No. 12, which pertained to the proposed ordinance amendment and how it relates to Royal Coaches; stated that many people have had very bad experiences with Royal Coaches, from disrespectful treatment of vehicle owners to excessive charges for impoundment of vehicles; pleaded for any further consideration of Royal Coaches be presented in a public • forum in which input is taken from the community and considered as part of the decision-making process. Page 2 of 12 Bill Salazar, Co-owner of Royal Coaches Auto Tow, offered to Father Mike and his parish to sit down and have open communication and discussions regarding their concerns; Mr. Salazar expressed a great desire to address the concerns of the community so that they can be addressed before coming before Council again. Tony Moiica, Leader of the Mojica Judo Club, expressed gratitude for the community's support; sought direction and support to secure additional funds for the club, noting that there are several members that have the opportunity to pursue Olympic status but that the costs can be prohibitive. Eddie Marin, Baldwin Park resident, introduced his wife Debbie and son Ricky; provided a brief history of Ricky's achievements as a member of the Mojica Judo Club and his dream to compete in the Olympics; sought support from the Council. Selvia Martin, Baldwin Park resident, expressed concern regarding the matters pertaining to Royal Coaches Auto Tow; concurs with those comments made by Father Mike regarding the contract with the proposed ordinance and extension of the auto towing contract; asked that Council consider the animosity which has been demonstrated this evening between the community and Royal Coaches, and they weight their decision with this in mind. Veronica Thomas, Baldwin Park resident, spoke regarding Royal Coaches and their conduct when Baldwin Park was setting up checkpoints to monitor those driving illegally; stated that the problems seem to be resurfacing with citizens having their cars towed and having to pay exorbitant impound fees; inferred that the upcoming elections is a contributing factor to the renewal of the long-term contract with Royal Coaches. Concelia*, Baldwin Park resident, stated that she is speaking on behalf of her community; noted that she and others are trying to provide classes for those seeking to obtain their driver's license; spoke of the hardship that many face and how people often cannot afford the impound fees; opined that the fees charged are irrational and many families cannot afford to get their cars back because of the fees; requested that Council carefully consider this contract and urged them not to sign it until the resentment by the community has been resolved; stated that she was able to obtain 200 signatures of those opposing the contract and Royal Coaches; asked why this ten year contract is even being considered when a five year contract was recently signed; opined that Council's poor decisions effect the pockets of its citizens. *Translation from Spanish to English by City Clerk Alejandra Avila. Thomas Kerri, San Bernardino resident, commented on the incumbents of the upcoming election; asked why Council is considering a renewal when there is already one in place; suggested that this service should be a service that is subject to the bidding process; opined that the contract is a ploy that relates to campaign contributions; suggested that the community needs to vote for change by voting for different candidates than they have in the past. Joe Armendariz, announced that he recently qualified and is now a legitimate candidate for the Mayor's seat; offered to speak to concerned citizens regarding issues in the community; extended an invitation to those who would like to step outside to speak with him about their concerns and how he, should he be elected as Mayor, would assist them. Salvador*, Baldwin Park resident, related an experience from a few months ago when an employee driving a work truck was pulled over for a inoperable light; the officer was asked to wait until he could come to the scene but the officer would not wait and impounded the work truck; getting his truck out of impound cost $400; while there, he spoke with several other people who were attempting to get their vehicles back but who have very little money; stated Page 3 of 12 that he and the others there decided to have a meeting with police to try to resolve the issues but they felt they were not heard. • *Translation from Spanish to English by City Clerk Alejandra Avila. Unidentified speaker, Baldwin Park resident, he is embarrassed to say but he had an experience a couple of years ago when he loaned his vehicle to his son; at one of the check points, his son was stopped and the vehicle was taken from him because he did not have his driver's license on him at the time; when he went to get his car back, he was charged over$500 in impound fees; it's embarrassing the way the staff at Royal Coaches treat people who come to get their car; requested an analysis of the Royal Coaches contract be done with particular attention given to the rates they charge. *Translation from Spanish to English by City Clerk Alejandra Avila. Nicholas Thomas, Baldwin Park resident, spoke out against Royal Coaches, noting that he has witnessed come of the incidents that other speakers referred to, particularly at check points; noted that there seems to be no compassion with regard to performing their services and ignoring the ill effects of their actions when a child or children are displaced by a towed vehicle; opined that Royal Coaches operates on poor morals and it is time for a change and that the community is looking to Council to make that change. Carlos Gutierrez, Baldwin Park resident, related a recent experience that he had with Royal Coaches; they towed his truck away, having it for only 1-1/2 days, but the fees came to over $1,000; provided a receipt to show the charges; opined that Royal Coaches wants to become millionaires by charging such fees. *Translation from Spanish to English by City Clerk Alejandra Avila. • Mr. Salazar, brother of Bill Salazar and co-owner of Royal Coaches, stated that tow companies all over the United States are up against this very issue, the public's perception that tow companies are trying to rob people; stated that Royal Coaches has rules and laws they must abide by, the public has rules and laws that they must abide by, and when the rules and laws are broken, the police call them in to tow the vehicles; when an unlicensed driver is cited, they do their job and tow the vehicle; Hector, Baldwin Park resident, stated that his father is afraid to visit him in Baldwin Park because he fears being pulled over, cited for a violation and his vehicle being towed; opined that the community would not be so resentful if Royal Coaches would lower their prices; as it is, many people cannot afford to get their vehicles out of impound; suggested that the contract term be set at two years and that the fees be lowered; sought justification for why Royal Coaches charge penalties for a person not picking up a vehicle immediately; noting that the $50/day is reasonable but the penalty is not. Greg Tuttle, Baldwin Park business owner, opined that the item was pulled from the agenda because a call came to the City Attorney from the L.A. County District Attorney who informed him that proposed item is illegal; alleged that councilmembers were making deals in the interest of campaign money for the election season; outlined some financial and filing incidents that he felt were questionable. Unidentified speaker, Baldwin Park resident, suggested that the Council should listen to the community and the wishes of the people; stated that his vehicle was towed by Royal Coaches; when he received a statement from the police department, it indicated that there was no damage to the vehicle and everything is in working order but when he received his car back from Royal Coaches, the trunk of the vehicle is open and there are things missing from the Page 4 of 12 vehicle; asks that Council consider this decision carefully since the citizens have to suffer these irregularities. *Translation from Spanish to English by City Clerk Alejandra Avila. Seeing no others wishing to speak, Public Communications closed at 8:10 p.m. Mayor Lozano called for a brief recess at 8:28 p.m. Mayor Lozano called the meeting order and resumed business at 8:36 p.m. CONSENT CALENDAR Councilmembers requested that Item Nos. 2, 7, 12 and 16 be 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 Baca, and carried (5—0) to ratify the Warrants and Demands Register. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 2. APPROVE THE PROPOSED EXCLUSIVE NEGOTIATION AGREEMENT(ENA)WITH 11111 ROEM DEVELOPMENT CORPORATION FOR A PROPOSED PHASE II TO A TRASIT-ORIENTED MIXED-USE DEVELOPMENT BETWEEN RAMONA BOULEVARD AND THE BALDWIN PARK CIVIC CENTER Staff recommends that Council approve the Exclusive Negotiation Agreement (ENA) with ROEM Development Corporation for a proposed Phase II to a Transit-oriented Mixed-use development between Ramona Boulevard and the Baldwin Park Civic Center and authorize the Mayor to execute the contract. Councilmember Pacheco requested this item be taken for discussion; expressed the desire to postpone a decision on this contract until some of the outstanding concerns are addressed. A motion was made by Lozano, seconded by Baca, and carried (5—0) to bring this item back at a future Council meeting after addressing certain concerns. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 3. APPROVE AND ADOPT THE SALARY RESOLUTION NO. 2015-086, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 2008-005, A BASIC SALARY PLAN FOR THE EMPLOYEES OF THE CITY OF BALDWIN PARK" Staff recommends that Council adopt Resolution No. 2015-086, entitled "A Resolution of 4111 the City Council of the City of Baldwin Park Amending Resolution No. 2008-005, a Basic Salary Plan for the Employees of the City of Baldwin Park." Page 5 of 12 A motion was made by Lozano, seconded by Baca, and carried (5—0) to adopt Resolution No. 2015-086, entitled "A Resolution of the City Council of the City of • Baldwin Park Amending Resolution No. 2008-005, a Basic Salary Plan for the Employees of the City of Baldwin Park." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 4. APPROVE AND ADOPT THE SALARY RESOLUTION NO. 2015-062, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 2005-033, FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES MEDICAL AND HOSPITAL CARE ACT" Staff recommends that Council adopt Resolution No. 2015-062, entitled "A Resolution of the City Council of the City of Baldwin Park Amending Resolution No. 2005-033, Fixing the Employer's Contribution Under the Public Employees Medical and Hospital Care Act." A motion was made by Lozano, seconded by Baca, and carried (5—0) to adopt Resolution No. 2015-062, entitled "A Resolution of the City Council of the City of Baldwin Park Amending Resolution No. 2005-033, Fixing the Employer's Contribution Under the Public Employees Medical and Hospital Care Act." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. • ABSENT: None. ABSTAIN: None. 5. APPROVE THE RATIFICATION OF EMPLOYMENT AGREEMENTS WITH ROSE TAM, ACCOUNTING MANAGER, AND KRISTINE RUSSELL, CHIEF DEPUTY CITY CLERK Staff recommends that Council ratify the employment agreements with Rose Tam and Kristine Russell, for services as the Accounting Manager and Chief Deputy City Clerk, respectively, and authorize the Mayor to execute each agreement, respectively. A motion was made by Lozano, seconded by Baca, and carried (5—0) to ratify the employment agreements with Rose Tam and Kristine Russell, for services as the Accounting Manager and Chief Deputy City Clerk, respectively, and authorize the Mayor to execute each agreement, respectively. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 6. APPROVE AND ADOPT RESOLUTION NO. 2015-085, SETTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2015-2016 Staff recommends that Council approve and adopt Resolution No. 2015-085, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Setting the Annual • Appropriation Limit for the Fiscal Year 2015-2016." Page 6 of 12 A motion was made by Lozano, seconded by Baca, and carried (5—0) to approve and adopt Resolution No. 2015-085, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Setting the Annual Appropriation Limit for the Fiscal Year 2015-2016." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 7. APPROVE AMENDMENTS TO GENERAL ON-CALL PROFESSIONAL SERVICES AGREEMENTS Staff recommends that Council approve and authorize the amendments to three General On-Call Professional Services Agreements. Councilmember Pacheco brought this item for discussion, noting that certain revisions should be made to the agreements. Councilmember Pacheco requested that the compensation terms on page 2 be revised as follows: Revise Item 7. A. to reflect a not-to-exceed amount of$120,000 (up from $50,000) and remove in its entirety Item 7. B. Councilmember Pacheco also requested that Section A. Additional Scope of Work, Item 1., of the document for Infrastructure Engineers be revised to read as follows: "Building Inspection, Plan Check Services and Contract Administration including value engineering, constructability and quality control.." Mayor Pro Tern Baca expressed concern regarding the modification of the not-to- exceed amount and how it would affect the budget, and suggested that work be put out to bid more frequently to insure the best price and value. Councilmember Rubio expressed concern regarding the modification of the financial threshold to the agreements being done on the dais and also asked that the item be brought back in order to give time for Council to review the contracts and determine the fiscal impact. Councilmember Garcia concurred in that she would also like this item brought back at a later date. Following discussion, Council continued this item to a future meeting to provide time for staff to respond to questions and for councilmembers to consider further. 8. INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REQUIRING SPECIFIC FINDINGS BY THE CITY COUNCIL AND VOTER APPROVAL BY A SUPER MAJORITY BEFORE CONTRACTING OUT GENERAL POLICE SERVICES Staff recommends that Council introduce for a first reading, by title only and waiving further reading, of Ordinance No. 1376, entitled "An Ordinance of the City Council of the City of Baldwin Park Requiring Specific Findings by the City Council and Voter Approval by a Super Majority Before Contracting Out General Police Services." Councilmember Pacheco noted that he has directed staff to prepare the necessary documents to submit as a Ballot Measure at the next General Municipal Election which will occur in June 2016. A motion was made by Lozano, seconded by Baca, and carried (5—0)to • introduce for a first reading, by title only and waiving further reading, of Ordinance No. 1376, entitled "An Ordinance of the City Council of the City of Page 7of12 Baldwin Park Requiring Specific Findings by the City Council and Voter Approval by a Super Majority Before Contracting Out General Police Services." • AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 9. APPROVE AN AGREEMENT WITH THE CALIFORNIA STATE BOARD OF EQUALIZATION (BOE) FOR ADMINISTRATION AND COLLECTION OF PREPAID MOBILE TELEPHONY SERVICE SURCHARGES; AND APPROVE AND ADOPT RESOLUTIONS WHICH WILL AUTHORIZE THE EXECUTION OF THE AGREEMENT BY THE CHIEF EXECUTIVE OFFICER Staff recommends that Council approve and adopt Resolution No. 2015-088, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Execution of an Agreement with the State Board of Equalization for Implementation of the Local Prepaid Mobile Telephony Services Collection Act," and Resolution No. 2015- 089, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Examination of Prepaid Mobile Telephony Services Surcharge and Local Charge Records by Agents and/or Representatives of The California State Board of Equalization." A motion was made by Lozano, seconded by Baca, and carried (5—0)to approve and adopt Resolution No. 2015-088, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Execution of an Agreement with the State Board of Equalization for Implementation of the Local Prepaid Mobile Telephony Services Collection Act," and Resolution No. 2015- 089, entitled "A Resolution of the City Council of the City of Baldwin Park, California,Authorizing the Examination of Prepaid Mobile Telephony Services Surcharge and Local Charge Records by Agents and/or Representatives of The California State Board of Equalization." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 10. APPROVE AND AUTHORIZE THE PURCHASE OF A POLICE PATROL VEHICLE Staff recommends that Council approve and authorize: 1. The waiving of the formal bidding process, pursuant to §34.37 of the Baldwin Park Municipal Code, on one vehicle, as existing cooperative purchasing agreements already exist with other government agencies; and 2. The waiving of the formal bidding process for the purchase and installation of the emergency equipment pursuant to §34.23(c); and 3. The Police Department to purchase the new vehicle and equipment through existing contracts, joining in the cooperative purchasing contracts, or through procedures outlined above; and • 4. Finance Department staff to take the necessary action to make the required budget transfers and amendments in the amount of $31,295.67, from Federal Asset Page 8 of 12 Forfeiture (205) funds for the restricted purchase of a new Police vehicle and equipment to enhance the Police Department's Patrol Operations, and return from 411 the General Fund (100) the $10,000 insurance claim monies to the Federal Asset Forfeiture (205) account in accordance with Federal Equitable Sharing regulations; and 5. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchases. A motion was made by Lozano, seconded by Baca, and carried (5—0) to approve and authorize: 1. The waiving of the formal bidding process, pursuant to §34.37 of the Baldwin Park Municipal Code, on one vehicle, as existing cooperative purchasing agreements already exist with other government agencies; and 2. The waiving of the formal bidding process for the purchase and installation of the emergency equipment pursuant to §34.23(c); and 3. The Police Department to purchase the new vehicle and equipment through existing contracts, joining in the cooperative purchasing contracts, or through procedures outlined above; and 4. Finance Department staff to take the necessary action to make the required budget transfers and amendments in the amount of$31,295.67, from Federal Asset Forfeiture (205) funds for the restricted purchase of a new Police vehicle and equipment to enhance the Police Department's Patrol . Operations, and return from the General Fund (100) the $10,000 insurance claim monies to the Federal Asset Forfeiture (205) account in accordance with Federal Equitable Sharing regulations; and 5. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchases. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 11. APPROVE AMENDMENTS TO THE CITY PLANNER AND HOUSING MANAGER AGREEMENTS AND SALARY STEPS Staff recommends that Council approve the following: 1. Approve amending the City Planner and Housing Manager contracts to reflect of benefits relationship with the Executive Management benefit matrix, reference to other Human Resources amendments to the salary schedule, and a series of minor language discrepancies; and 2. Approve Step 5 of the salary step for each the City Planner and Housing Manager positions, respectively. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve amending the City Planner and Housing Manager contracts to reflect of benefits relationship with the Executive Management benefit matrix, reference to other Human Resources amendments to the salary schedule, and a series of minor Page 9 of 12 language discrepancies; and approve Step 5 of the salary step for each the City Planner and Housing Manager positions, respectively. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 12. INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CHAPTER 100 OF THE BALDWIN PARK MUNICIPAL CODE FOR OFFICIAL POLICE TOW TRUCK SERVICES Staff recommends that Council introduce for a first reading, by title only and waiving further reading, of Ordinance No. 1377, entitled "An Ordinance of the City Council of the City of Baldwin Park Amending Chapter 100 Baldwin Park Municipal Code for Police Towing Services." This item was pulled from the agenda and was not heard. PUBLIC HEARING 13. CONDUCT A PUBLIC HEARING AND, FOLLOWING THE PUBLIC HEARING, APPROVE THE GRANT FUNDS PROVIDED BY THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT Staff recommends that Council conduct a public hearing and, following the public hearing, approve and accept the grant funds provided to the Baldwin Park Police Department, in the amount of$17,813, in accordance with federal guidelines. • Police Chief Michael Taylor provided a brief narrative of the item. There were no questions from Council. Mayor Lozano opened the Public Hearing at 8:45 p.m. and invited those individuals wishing to speak against the item to come forward and be heard. Seeing no one, Mayor Lozano invited those individuals wishing to speak in support of the item to come forward and be heard. Seeing no one wishing to speak on this item, Mayor Lozano closed the Public Hearing at 8:45 p.m. A motion was made by Lozano, seconded by Baca, and carried (5—0)to approve and accept the grant funds provided to the Baldwin Park Police Department, in the amount of$17,813, in accordance with federal guidelines. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 14. CONDUCT A PUBLIC HEARING AND CONSIDER A PROPOSED AMENDMENT TO THE CITY'S MUNICIPAL CODE ADDING LANGUAGE RELATING TO COTTAGE FOOD OPERATIONS IN ACCORDANCE WITH STATE LAW Staff and the Planning Commission recommend that Council open the public hearing and, following the public hearing, introduce for a first reading, by title only and waive • further reading, Ordinance No. 1374, entitled "An Ordinance of the City Council of the City of Baldwin Park, California, Amending Baldwin Park Municipal Code Chapter Page 10 of 12 153.220 and 153.120 to Establish Regulations for Cottage Food Operations." • City Planner Amy Harbin provided a brief narrative of the item. There were no questions from Council. Mayor Lozano opened the Public Hearing at 8:47 p.m. and invited those individuals wishing to speak in support of the item to come forward and be heard. Allison Zamite, Baldwin Park resident, expressed appreciation and support for the Ordinance as she has a small confection business and approval of this item will allow her to operate her business in a more cost effective manner. Mayor Lozano opened the Public Hearing at 8:47 p.m. and invited those individuals wishing to speak in opposition to the item to come forward and be heard Thomas Kerri, San Bernardino resident, expressed concern regarding approving this kind of ordinance because it may result in a large number of illegal street vending businesses and opined that there may be health concerns to consider; concerned about how regulations would be enforced. In rebuttal, Ms. Zamite responded to Mr. Kerri's objection. Ms. Zamite pointed out that the County of Los Angeles already has a host of rules and regulations that must be followed in order to operate this type of business; noted that there are a number of permits and training that are required to insure that food production is done in a safe manner. Seeing no others wishing to speak on this item, Mayor Lozano closed the Public Hearing at 8:56 p.m. A motion was made by Lozano, seconded by Garcia, and carried (5—0)to introduce for a first reading, by title only and waive further reading, Ordinance No. 1374, entitled "An Ordinance of the City Council of the City of Baldwin Park, California, Amending Baldwin Park Municipal Code Chapter 153.220 and 153.120 to Establish Regulations for Cottage Food Operations." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 15. CONDUCT A PUBLIC HEARING AND, FOLLOWING THE PUBLIC HEARING, ADOPT A RESOLUTION TO ACCEPT AND ADOPT THE CONGESTION MANAGEMENT PROGRAM (CPM) LOCAL DEVELOPMENT REPORT Staff recommends that Council open the public hearing and, after receiving public comments, close the public hearing and adopt Resolution No. 2015-082, "A Resolution of the City of Baldwin Park Finding the City to be in Conformance with the Congestion Management Program (CMP) and Adopting the CMP Local development Report in Accordance with California Government Code Section 65089." City Planner Amy Harbin provided a brief narrative of the item. There were no questions from Council. Mayor Lozano opened the Public Hearing at 9:00 p.m. and invited those individuals wishing to speak against the item to come forward and,be heard. • Seeing no one, Mayor Lozano invited those individuals wishing to speak for the item to come forward and be heard. Page 11 of 12 Seeing no one wishing to speak on this item, Mayor Lozano closed the Public Hearing at 9:00 p.m. • A motion was made by Lozano, seconded by Baca, and carried (5—0) to adopt Resolution No. 2015-082, "A Resolution of the City of Baldwin Park Finding the City to be in Conformance with the Congestion Management Program (CMP) and Adopting the CMP Local development Report in Accordance with California Government Code Section 65089." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS 16. REVIEW OF CURRENT APPLICATIONS AND CONSIDERATION OF APPOINTMENT, REAPPOINTMENT, OR REMOVAL OF MEMBERS OF RECREATION AND COMMUNITY SERVICES COMMISSION Staff recommends that Council review the submitted Commission application(s), accept nomination(s), authorize staff to initiate the appropriate background checks through the Department of Justice (DOJ) and, contingent upon satisfactory clearance by the DOJ, appoint the selected' individual(s) to the Parks and Community Services Commission and adopt Resolution No. 2015-087, entitled, "A Resolution of the City Council of the City of Baldwin Park Appointing an Individual to the Recreation and Community Services Commission of the City of Baldwin Park, to Office Number 2" • Council chose to move this item to the Regular Meeting of the City Council which will be held on September 16, 2015. CITY COUNCIL/CITY CLERK/CITY TREASURER/STAFF REQUESTS & COMMUNICATIONS Request by Councilmember Ricardo Pacheco for discussion and direction to staff on the following: • Councilmember Pacheco is requesting that direction be provided to staff to bring back a report to allow the ordinance to "Require Baldwin Park Voter Approval for Contracting Out of Any City Police Services" be placed on a future general election ballot. Councilmember Pacheco continued this item to a future meeting. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Baca, to adjourn the m:eting - 9:00 p.m. MayorL.....4 /ATTEST: / air Manuel Lozano fl or Alejandra Avil- City Clerk APPROVED: Mill 15 Page 12of12