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.
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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.
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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
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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.
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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
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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
•
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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(
•
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