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HomeMy WebLinkAbout2015 12 16 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING • DECEMBER 16, 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 7:08 p.m. INVOCATION The invocation was provided by Pastor Jackson. 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 Closed Session would reconvene after the Regular Meeting of the City Council. 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 this evening's meeting be closed in memory of Margaret Barnett Solanison, a long time Baldwin Park resident and icon in the community, who passed away recently; also recognized Lupe Cortez, a senior in the community who also passed and will be missed tremendously. Councilmember Baca also requested that the meeting be closed in memory of Abel Hernandez, a senior resident of Baldwin Park, and in memory of her cousin, Peter Cruz, who was a member of the Techniques Car Club and was an active member in Baldwin Park. • Councilmember Rubio extended appreciation to City staff and Police Department officers for their time and efforts in the Christmas with Santa event; she noted that the children were happy to meet Santa and receive their gifts; commended staff on a successful event. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • • Oath of Office for Incoming Student Commissioner Madeline Gutierrez for the Recreation and Community Services Commission. Mayor Lozano administered the Oath of Office and Madeline Gutierrez was formally recognized as the new Student Commissioner on the Recreation and Community Services Commission representing Baldwin Park High School. • Certificates of Recognition for the Baldwin Park High School Boys Cross Country Team for their success at Division III CIF Finals and making it to the State Cross Country Championship. Council recognized the members of the Boys Cross Country Team of Baldwin Park High School for their placing in the CIF Finals and each team member was presented with a certificate of recognition. • Certificates of Recognition for Olivia Paez, Bishop Amat Memorial High School student, in recognition of her successful participation in CIF Cross Country Finals and State Cross Country Championship. Olivia Paez, student at Bishop Amat Memorial High School, was recognized for her state championship win and for excellent academic accomplishments whilst training for and winning the state cross country championship. 410 • Presentation of a Plaque to Ken and Carol Woods in recognition of their 40+ years in business, Woods and Sons, in Baldwin Park. Mayor Lozano presented a Plaque to Ken and Carol Woods for their continued years of service to the community and for their tireless efforts in promoting Baldwin Park as a business friendly community. • Presentation of a Plaque to Mark Cyr in recognition of his business, Cal Discount Glass, for 40+ years of service in Baldwin Park. Mayor Lozano presented a Plaque to Mark Cyr and his wife, Michelle, for their continued years of service to the community and for their tireless efforts in promoting Baldwin Park as a business friendly community. • Presentation of Proclamation to recognize Jack White, retiring Board Member of the Baldwin Park Unified School District Councilmember Rubio presented Jack White, retiring board member of the Baldwin Park Unified School District, recognizing his long years of service to the community and dedication as a lifelong civil servant. PUBLIC COMMUNICATIONS • Mayor Lozano opened Public Communications at 7:28 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Page 2 of 10 Al Contreras, Baldwin Park resident, expressed his appreciation for the recognition of the Baldwin Park High School Boys Cross Country Team, noting that he had been a cross country • runner at one time and has an appreciation for it; he also voiced his appreciation for Jack While and his many years of service. Marbelli Akins, Community Liaison for Sierra Vista Jr. High School, read a prepared letter which pointed out that pedestrians are in danger due to lack of light at the crosswalks surrounding and adjacent to the school; requested that the City consider installing flashing lights or some other type of equipment that would alert drivers of pedestrians intending to cross the street. Jeri Foley, resident and property owner at Cambridge West Condominiums, expressed concern regarding the vacant City-owned property next to the condominium building; asked for information regarding any intention to build on the lot; expressed objection to the possibility of low-income housing being build next door, fearing that there will be problems with vandalism and loitering. Lorena Chavira, Principal of San Gabriel Jr. High School, expressed appreciation for the installation of crosswalks on Francisquito at Robinette, and on Foster at Sparland, however there is still concern regarding the crosswalk because there are actually two schools located here (junior high school and high school) and there is frequently after hours sports activities. Because of this, there is a great deal of pedestrians in the area and there is a need for additional lighting and safety mechanisms to protect the students. Jennifer Gutierrez, Student Body President at Sierra Vista Jr. High, echoed the sentiments of Ms. Chavira and Ms. Akins; noted that there is a need for additional safety features in the area and asked that Council look into providing some kind of relief. • Margarita Vargas, thanked Council for taking care of the lights at Ohio St. and Baldwin Park Blvd., and on Los Angeles St. and La Rica Ave.; noted that this improvement has given her a sense of safety when walking in her neighborhood; congratulated Mr. White on his great success and his retirement. Thomas Kerri, San Bernardino resident, commented on the previous Council meeting at which members were sworn into office as incumbents; commented on his suggestion that one of the state representatives should introduce a legislative bill to ban the use of rat poison as it presents a hazard to humans; commented of the public hearing item pertaining to medical marijuana and the proposed bad in Baldwin Park. Seeing no others wishing to speak, Public Communications closed at 8:11 p.m. CONSENT CALENDAR Council pulled Items 6 and 10 from Consent Calendar for further discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Pacheco, seconded by Lozano, and carried (5—0)to ratify the Warrants and Demands Register. AYES: Baca, Garcia, Lozano, Pacheco, Rubio • NOES: None. ABSENT: Lozano. ABSTAIN: None. Page 3 of 10 2. TREASURER'S REPORT—OCTOBER 2015 • Staff recommends that Council receive and file the Treasurer's Report for the month of October 2015. A motion was made by Pacheco, seconded by Lozano, and carried (5 —0)to receive and file the minutes. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. APPROVAL OF MEETING MINUTES Receive and file: A. Meeting Minutes of the Regular Meeting of Baldwin Park City Council on April 11, 2012, and October 3, 2012, respectively. B. Meeting Minutes of the Special and Regular Meeting of the City Council of the City of Baldwin Park held on December 2, 2015. A motion was made by Pacheco, seconded by Lozano, and carried (5—0) to receive and file the minutes. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. • 4. APPROVE AND ADOPT RESOLUTION NO. 2015-105 ADOPTING AN ENVIRONMENTALLY PREFERABLE PROCUREMENT POLICY Staff recommends that Council Waive further reading, read by title only, and adopt Resolution No. 2015-105, entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Adopting an Environmentally Preferable Procurement Policy." A motion was made by Pacheco, seconded by Lozano, and carried (5—0)to Waive further reading, read by title only, and adopt Resolution No. 2015-105, entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Adopting an Environmentally Preferable Procurement Policy.". AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 5. APPROVE AND ADOPT RESOLUTION NO. 2015-102, ESTABLISHING A PREFERENTIAL PARKING ZONE ON THE 900, 13100 AND 13200 BLOCKS OF JUDITH STREET, AND THE 13100 AND 13200 BLOCKS OF SHAVER STREET Staff recommends that Council approve and adopt Resolution No. 2015-102 entitled "A Resolution of the City Council of the City of Baldwin Park, California, Establishing a Preferential Parking Zone on the 900, 13100 and 13200 Blocks of Judith Street, and the 13100 and 13200 Block of Shaver Street. A motion was made by Pacheco, seconded by Lozano, and carried (5—0)to approve and adopt Resolution No. 2015-102 entitled "A Resolution of the City Council of the City of Baldwin Park, California, Establishing a Preferential Parking Page 4 of 10 Zone on the 900, 13100 and 13200 Blocks of Judith Street, and the 13100 and 13200 Block of Shaver Street. l AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. APPROVE AND ADOPT RESOLUTION NO. 2015-104, AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO APPROVE SETTLEMENT CLAIMS WITH A SETTLEMENT AUTHORITY OF UP TO $24,999.00, CONSISTENT WITH GOVERNMENT CODE SECTION 935.4. Staff recommends that Council approve and adopt Resolution No. 2015-104 entitled "A Resolution of the City Council of the City of Baldwin Park Approving and Authorizing the Chief Executive Officer to Approve Settlement Claims with a Settlement Authority of Up to $24,999.00, Consistent with Government Code Section 935.4." Mayor Pro Tem Baca asked that this item be continued to the Regular Council meeting scheduled for January 20, 2016, to allow time for Council to review the information more thoroughly and ask additional questions. A motion was made by Baca, seconded by Pacheco, and carried (5—0)to postpone this item and bring it back at the next Regular Council meeting to be held on January 20, 2016. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. PARKING STRUCTURE SECURITY UPGRADES FOR POLICE VEHICLES AND EQUIPMENT Staff recommends that Council approve and authorize: a) The interim Director of Finance, or his designee, to take the necessary action and make a budget appropriation of approximately $150,000 from the Federal Asset Forfeiture fund (205) for the restricted purchase of parking structure security improvements to upgrade the Police Department parking lot security and enhance overall police operations; and b) The Director of Public Works, or his designee, to take the appropriate actions to facilitate the purchase and installation of the upgrade equipment and complete the project. A motion was made by Pacheco, seconded by Lozano, and carried (5—0)to budget appropriation of approximately $150,000 from the Federal Asset Forfeiture fund (205)for the restricted purchase of parking structure security improvements to upgrade the Police Department parking lot security and enhance overall police operations and authorize the Director of Public Works, or his designee, to take the appropriate actions to facilitate the purchase and installation of the upgrade equipment and complete the project. AYES: Baca, Garcia, Lozano, Pacheco, Rubio . NOES: None. ABSENT: None. ABSTAIN: None. Page 5of10 8. AUTHORIZE THE PURCHASE OF POLICE PATROL VEHICLES Staff recommends that Council: 4111 a) Waive the formal bidding process, pursuant to pursuant to Baldwin Park Municipal Code (BPMC) §34.37, for the purchase of five (5) vehicles, as existing cooperative purchasing contracts already exist with other government agencies; and b) Waive the formal bidding process, pursuant to BPMC §34.23(c), for the purchase and installation of the emergency equipment; and c) Authorize the Police Department to purchase five (5) new vehicles and equipment through existing contracts, joining in the cooperative purchasing contracts or through procedures outlined above; and d) Direct the Interim Director of Finance, or his designee, to take the necessary action to make the required budget transfer and adjustments of $190,000 to account 404.30.340.58110.0000.2 and $28,190.68 to account 206.30.340.58110.00000.2 for the restricted purchase of new police department vehicles and the equipment to upgrade the police department's patrol vehicles; and e) Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchases. A motion was made by Pacheco, seconded by Lozano, and carried (5—0)to: a) Waive the formal bidding process, pursuant to pursuant to Baldwin Park Municipal Code (BPMC) §34.37, for the purchase of five (5) vehicles, as existing cooperative purchasing contracts already exist with other government agencies; and 410 b) Waive the formal bidding process, pursuant to BPMC §34.23(c), for the purchase and installation of the emergency equipment; and c) Authorize the Police Department to purchase five (5) new vehicles and equipment through existing contracts, joining in the cooperative purchasing contracts or through procedures outlined above; and d) Direct the Interim Director of Finance, or his designee, to take the necessary action to make the required budget transfer and adjustments of $190,000 to account 404.30.340.58110.0000.2 and $28,190.68 to account 206.30.340.58110.00000.2 for the restricted purchase of new police department vehicles and the equipment to upgrade the police department's patrol vehicles; and e) Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchases AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 9. APPROVE THE APPLICATION OF AND APPOINT SIERRA VISTA HIGH SCHOOL STUDENT MEMBER TO OFFICE NUMBER 6 OF THE RECREATION AND COMMUNITY SERVICES COMMISSION Staff recommends that Council approve and appoint Luz E. Mercado, Sierra Vista High IPSchool student, to Office Number 6 of the Parks and Community Services Commission. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to Page 6 of 10 approve and appoint Luz E. Mercado, Sierra Vista High School student, to Office Number 6 of the Parks and Community Services Commission. • AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 10. APPROVE THE AWARD OF PROJECT NO. 2015-0106, WALNUT CREEK NATURE PARK IMPROVEMENTS TO PRINCIPAL CONTRACTORS, INC. Staff recommends that Council approve the award of Project No. 2015-0106, Walnut Creek Nature Park Improvements, to the low responsive and responsible bidder, Principle Contractors, Inc., in the amount of $417,428, and authorize the Mayor to execute the contract. The City Attorney read a prepared statement pertaining to this bid and a bid protest. "The City received one (1) bid protest from Kasa Construction, Inc. The City Attorney reviewed the bid protest in consultation with the Public Works Department and recommends that the bid protest be rejected. Any alleged technical irregularities or typographical errors in Principals Contracting, Inc.'s bid are immaterial and inconsequential and should be waived by the City Council by awarding the bid to the lowest responsible bidder, Principals Contracting, Inc." A motion was made by Lozano, seconded by Rubio, and carried (5—0) to award of Project No. 2015-0106, Walnut Creek Nature Park Improvements, to the low responsive and responsible bidder, Principle Contractors, Inc., in the amount of • $417,428, and authorize the Mayor to execute the contract. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. PUBLIC HEARING 11. CONDUCT A PUBLIC HEARING AND INTRODUCE ORDINANCE NO. 1382 WHICH AMENDS BALDWIN PARK MUNICIPAL CODE SUBCHAPTER 153.120 PART 10 ENTITLED MEDICINAL MARIJUANA DISPENSARIES AND MODIFYING SUBCHAPTER 153.220.140 'M' DEFINITIONS (MEDICAL MARIJUANA DISPENSARY)TO BE CONSISTENT WITH STATE LAW." Staff and the Planning Commission recommend that the City Council open the public hearing and following the public hearing, introduce for first reading, by title only and waive further reading, Ordinance 1382, entitled "An Ordinance of the City Council of the City of Baldwin Park, California, Amending Baldwin Park Municipal Code Subchapter 153.120 Part 10 Entitled Medicinal Marijuana Dispensaries And Modifying Subchapter 153.220.140 'M' Definitions (Medical Marijuana Dispensary) to be Consistent with State Law." Mayor Lozano opened the Public Hearing at 8:20 p.m. and invited those wishing to speak in opposition to this item to come forward and be heard. Thomas Kerri, San Bernardino resident, expressed opposition to medical marijuana dispensaries and support for prohibiting such activities within City limits. Page 7 of 10 Subsequently, at 8:23 p.m., Mayor Lozano invited those wishing to speak in support of this item to come forward and be heard. • Jacob Dunn, Executive Director of So Eden Organics, spoke in support of the use of medical marijuana and his position regarding the proposed prohibition. He noted that medical marijuana dispensaries generate revenue and can successfully be controlled. Seeing not others wishing to speak, Mayor Lozano closed the Public Hearing at 8:28 p.m. A motion was made by Lozano, seconded by Baca, and carried (5—0) to introduce for first reading, by title only and waive further reading, Ordinance 1382, entitled "An Ordinance of the City Council of the City of Baldwin Park, California, Amending Baldwin Park Municipal Code Subchapter 153.120 Part 10 Entitled Medicinal Marijuana Dispensaries And Modifying Subchapter 153.220.140 'M' Definitions (Medical Marijuana Dispensary) to be Consistent with State Law." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS 12. MEMORANDUM OF UNDERSTANDING FOR THE 2016 GREATER LOS ANGELES HOMELESS COUNT OPT-IN PROGRAM Staff recommends that Council approve a Memorandum Of Understanding (MOU) with the Los Angeles Homeless Services Authority to participate and provide volunteers for the 2016 Greater Los Angeles Homeless Count and authorize the Mayor execute the MOU. David Dang, Regional Representative for San Gabriel Valley representing the Los Angeles Homeless Services Authority, provided a narrative of the purpose of the homeless count and the benefits of the count. Councilmember Rubio expressed concern regarding the terms of the MOU, noting that the language, at one point, had called for over 60 volunteers and asked a great deal of other resources; asked for details on the commitment expected from the City and for clarification as to the benefit that will be realized for the City. Mr. Dang then responded to questions from Council, noting that the volunteer count has been reduced to 32 and agreed to appear at a future Study Session to discuss in more depth the requirements of the MOU and the resources to be provided by the City. A motion was made by Rubio, seconded by Baca, and carried (5—0)to receive approve a Memorandum Of Understanding (MOU) with the Los Angeles Homeless Services Authority to participate and provide volunteers for the 2016 Greater Los Angeles Homeless Count and authorize the Mayor execute the MOU. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. 40 ABSENT: None. ABSTAIN: None. Page 8 of 10 13. REORGANIZATION OF THE CITY COUNCIL -SELECTION OF MAYOR PRO TEMPORE Staff recommends that the City Council complete the reorganization of the City Council, and follow the procedure as suggested for the selection of Mayor Pro Tempore as follows: 1) The City Clerk opens the nominations for the office of Mayor Pro Tempore. Any Councilmember may nominate and no second to the nomination is required; 2) After receiving all nominations, the City Clerk closes the nominations; 3) The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the order in which nominations are received until a Mayor Pro Tempore is elected by majority vote. Mayor Pro Tern opened the discussion, noting that Councilmember Rubio would be the next person selected, based on the rotation precedence set over the past 10 years. She then nominated Councilmember Susan Rubio to serve as the next Mayor Pro Tern. Councilmember Garcia suggested that the methodology of rotation be set aside and that selection should be made by seniority instead. She then nominated Councilmember Pacheco. Discussion ensued and, having not heard a second to the nomination of Councilmember Rubio, Mayor Lozano entertained the nomination of Councilmember Pacheco. With • objections voiced by Mayor Pro Tern Baca and Councilmember Rubio, Mayor Lozano called upon the City Clerk to conduct a roll call vote. Motion was made by Garcia, seconded by Lozano, to select Councilmember Pacheco to serve as Mayor Pro Tern for 2016. AYES: Garcia, Lozano, NOES: Baca, Pacheco, Rubio ABSENT: None. ABSTAIN: None. With the defeat of this nomination, Mayor Lozano nominated Councilmember Garcia to serve as Mayor Pro Tem for 2016. Councilmember Garcia seconded the motion. Mayor Lozano directed the City Clerk to conduct a roll call vote. AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. Motion carried (3—2)to appoint Monica Garcia as Mayor Pro Tem for 2016. CITY COUNCIL/CITY CLERK/CITY TREASURER/STAFF REQUESTS & COMMUNICATIONS • Page 9 of 10 ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a • motion was made by Lozano, seconded by Pacheco, to adjourn the meeting at 8:5; •.m. Ma``or ATTEST: _ ..ionizano, Mayor / Alejan•ra Avi :, City Clerk APPROVED: 1 l 14 11( • Page 10 of 10