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HomeMy WebLinkAbout2017 08 16 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING AUGUST 16, 2017, 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 7:00 p.m. INVOCATION Council member Pacheco shared a prayer, in place of invocation, that was read at the passing of Sarah Garcia, a local Baldwin Park resident and parishioner of St. John's the Baptist Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano • REPORT ON CLOSED SESSION Mayor Lozano reported out that no action was taken on items discussed in Closed Session. ANNOUNCEMENTS Mayor Lozano recognized attendance of City of West Covina Council member Lloyd Johnson; former West Covina Mayor and member of the Upper San Gabriel Valley Municipal Water district, Mike Touhey and West Covina Planning Commission Herb Redholtz, as well as board members of the Valley County Water District and Baldwin Park Planning Commission members. Mayor Pro Tem Rubio requested that the meeting be closed in memory of Heather Heyer, who lost her life while participating in an anti-hate rally in Charlottesville, VA; extended condolences to her family and friends, and prayers to those who suffered injury at the event. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS ' • Presentation of a Plaque to Father Jonathon Meyer, former priest at Saint John's The Baptist Church, in appreciation of his long-standing dedication to the community Father Jonathon was not present at the meeting, therefore this item was being held over to the September 20, 2017, meeting. Regular Meeting of 8/16/17 Page 1 of 10 •. Presentation by Valley County Water District regarding the Consumer Confidence Report and the Upcoming Proposition 218 Notice and Public Hearings Jose Martinez, representing Valley County Water District, narrated a PowerPoint presentation, provided a summary of water quality samples taken during 2016, discussed Proposition 218 public notice and projected water use and needs over the next few years. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:21 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Julie McCastline, Baldwin Park Library, spoke of the Pentel Bookmark Contest with the theme of "What's Your Story" contest for children K-12; explained that the L.A. County Board of Supervisors would be selecting winners in each age group. Arturo Luna, Baldwin Park resident, opined that an assessment is the same as a tax and that it's the same thing that Washington, D.C., is doing; inferred that criticizing the federal government is hypocritical; • Armando Rodriguez, International Federation of Home Towns, from Zacatecas Mexico, expressed enthusiasm at the prospect of the City of Baldwin Park becoming a Sister City with Nochistlan de Mejia, Zacatecas, Mexico and hopes that Council will approve and embrace the Sisterhood Agreement. Ken Woods, Baldwin Park resident, explained that residents frequently have difficulty parking in front .of their homes, to the point that parking permits had to be issued in some neighborhoods; commented that the apartment project proposed for Maine will create even more parking problems; pointed out that the ROEM Project was supposed to have designated parking in the Badillo parking garage but that residents are not adhering to the assigned areas; expressed concern that the new structure would create additional problems in the area. Al Contreras, Baldwin Park resident, commented on the water allocations for Baldwin Park and opined that Valley County Water District does its best to provide the best service in the industry to the community. • Bryan Velez, Baldwin Park resident, stated that he filed a report of identity theft to the police department; when he requested a copy of the report, he was informed that the cost is $55; requested that an explanation as to the justification for such a high fee. Juan Rios, Baldwin Park resident, opined that Walnut Creek Park has been constructed poorly, that sprinklers are not working and wood structures are splitting; stated that some residents have told him that Barnes Park has poor lighting, there is litter everywhere and vehicles are parking on the grass; noted that many parks are in disarray. Greg Tuttle, Baldwin Park business owner, voice objection to the proposed funding of the • Baldwin Park Parade (Item No. 11), stating that it should not be paid for using business improvement tax money since it does not benefit local businesses; commented on council decorum and Robert's Rules of Order. Margarita Vargas, Baldwin Park resident, noted that the water fountain at the entrance to the city on Ramona Boulevard at 1-605 is not working, pointing out that the City spent a great deal of money for it and there is no water in it. Regular Meeting of 8/16/17 Page 2 of 10 • Unidentified speaker, Baldwin Park resident, opined that there is a lack of unity on the Council; quoted scripture to relate the conduct of City leaders and asked that everyone work together; noted that there is an area behind WalMart (Garvey Ave) where a wider sidewalk and pedestrian crossing lights would be helpful. Seeing no others wishing to speak, Public Communications closed at 7:46 p.m. Mayor Lozano briefly responded to comments made by Mr. Woods regarding parking; responded to Ms. Vargas by noting that water would be added back to the fountain in the future; requested that Chief Taylor respond to concerns expressed by Mr. Velez. Chief Taylor stated that the police department is allowed, by law, to charge fees for police reports; stated that the fees are meant to recapture the cost of the records produced. Mayor Lozano requested that the issue of fees for police records be agendized for discussion at a future Council meeting. CONSENT CALENDAR Council pulled Item Nos. 8, 9 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 Lozano, seconded by Pacheco, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Baca, Garcia, Lozano, Pacheco, Rubio • NOES: None. ABSENT: None. ABSTAIN: None. 2. TREASURER'S REPORT—JUNE 2017 Staff recommends that Council receive and file the Treasurer's Report. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to receive and file the Treasurer's Report. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. REJECTION OF CLAIMS Staff recommends that Council reject the following claim(s) and direct staff to send appropriate notice of rejection to claimant(s): • Cholico, Stephanie Claimant alleges property damage from a tree located on 15120 Chetney Drive in • Baldwin Park. A motion was made by Lozano, seconded by Garcia, and carried (5—0) to reject the claims and direct staff to send appropriate notice of rejection to claimants. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. • ABSENT: None. ABSTAIN: None. Regular Meeting of 8/16/17 Page 3 of 10 4. APPROVAL OF MEETING MINUTES Receive and file: A. Meeting Minutes of the Housing A thority, Finance Authority and Special City Council Meetings held on July 19, 201 . A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to receive and file the minutes. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 5. APPROVAL OF ANNUAL STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2017-18 Staff recommends that Council receive and file the Statement of Investment Policy for Fiscal Year 2017-18. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to receive and file the Statement of Investment Policy for Fiscal Year 2017-18. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR DESIGN ENGINEERING AND PROJECT MANAGEMENT FOR THE COMPRESSED NATURAL GAS (CNG) REFUELING STATION TO BE LOCATED AT BADILLO STREET AND RAMONA BOULEVARD Staff recommends that Council approve the Amendment to the Professional Services Agreement with Evan Brooks and Associates, Inc., for System Engineering, Project Coordination and Management, for an amount not-to-exceed $78,225.00; and,authorize the Mayor to execute the Amendment. • A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to approve the Amendment to the Professional Services Agreement with Evan Brooks and Associates, Inc., for System Engineering, Project Coordination and Management, for an amount not-to-exceed $78,225.00; and authorize the Mayor to execute the Amendment. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. CONSIDERATION OF AN ENERGY AUDIT AGREEMENT WITH AMERESCO, INC., EVALUATING ENERGY USE OPTIMIZATION MEASURES FOR STREET LIGHTS, TRAFFIC SIGNAL SAFETY LIGHTS, TRANSIT CENTER AND TEEN CENTER Staff recommends that Council approve the request to authorize the City of Baldwin Park Chief Executive Officer, or his designee, to sign a Letter of Intent (LOI) with Ameresco, Inc., to perform an investment grade energy audit (IGA) in support of the City's Energy • Conservation Program. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to approve the request to authorize the City of Baldwin Park Chief Executive Regular Meeting of 8/16/17 Page 4 of 10 Officer, or his designee, to sign a Letter of Intent (LOI) with Ameresco, Inc., to perform an investment grade energy audit (IGA) in support of the City's Energy Conservation Program. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 8. CONTRACTUAL ANNUAL RATE ADJUSTMENT FOR SOLID WASTE FEES DUE TO CPI INCREASE Staff recommends that Council approve and adopt Resolution No. 2017-197 "A Resolution of the City Council of the City of Baldwin Park, California, Adopting the Amended Fee Schedule for Solid Waste Collection and Recycling Services, to Reflect Consumer Price Index Increases." Council member Baca requested that this item be held and brought back at the next Regular Council meeting to allow time to meet with representatives from Waste Management to discuss the fee increase. Council member Baca also noted that she has received complaints from residents that there has been a problem reaching representatives Waste Management for customer service; noted that many have said the offices at Live Oak are closed down • and that no customer service is available locally; requested that Waste Management establish or identify a local office where customers can meet with representatives to resolve problems. Council member Garcia noted that continuing to delay this particular item may cause issues for residents since approval of this item will trigger retroactive costs to customers; suggested that she would make a motion to approve this item and address the customer service issue separately. • Mayor Pro Tern pointed out that the issue of a lack of customer service, particularly for the elderly, needs to be addressed prior to approval of the increase since customer service is an integral part of the contract. A motion was made by Baca, seconded by Lozano, and carried (5 — 0) to bring this item back at the next regularly scheduled Council meeting for further consideration. AYES: Baca, Garcia, Lozano, Pacheco, Rubio • NOES: None. ABSENT: None. ABSTAIN: None. 9. AUTHORIZATION TO SELL POLICE SERVICE DOG "D'JANGO" Staff recommends that Council approve the sale of police service dog D'Jango to Baldwin Park Police Officer Tony Gamboa for the amount of one dollar ($1) and City Council gives authorization to the Chief of Police to execute the attached agreement with • Officer Tony Gamboa. • Council member Baca expressed great pleasure that Officer Gamboa would be providing a permanent happy home for D'Jango and thanked D'Jango for his service. A motion was made by Baca, seconded by Pacheco, and carried (5 — 0) to approve the sale of police service dog D'Jango to Baldwin Park Police Officer Tony Gamboa for the amount of one dollar ($1) and City Council gives Regular Meeting of 8/16/17 Page 5 of 10 authorization to the Chief of Police to execute the attached agreement with Officer Tony Gamboa. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 10. SECOND READING OF ORDINANCE NO. 1400 AND 1401 RELATING TO AN AMENDMENT TO THE CITY'S MUNICIPAL CODE, ON MEDICAL AND ADULT USE OF CANNABIS ZONING (I & IC) AND RULES AND REGULATIONS FOR THE MANUFACTURING, CULTIVATION, AND DISTRIBUTION THEREOF (AND CONTINUTING THE BAN ON DISPENSARIES) Staff recommends that Council: 1. Approve and adopt by title only, and waive the second reading, Ordinance No. 1400, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADDING CHAPTER 127, MEDICAL AND ADULT USE COMMERCIAL CANNABIS, OF TITLE XI, BUSINESS REGULATION TO THE CITY OF BALDWIN PARK'S MUNICIPAL CODE," and waive any further reading thereof; and 2. Approve and adopt by title only, and waive the second reading, Ordinance No. 1401, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING BALDWIN PARK MUNICIPAL CODE TABLE 153.050.020, ALLOWING MEDICAL AND ADULT CANNABIS CULTIVATION, DISTIRIBUTION AND MANUFACTURING USES, THE DELETION OF SUBSECTIONS 153.120.330.0 AND 153.120.330D OF THE CITY'S MUNICIPAL (ZONING) CODE," and waive any further reading thereof. • Council member Garcia restated her concerns from the last reading and continues to feel that additional community outreach needs to be conducted to allow input from residents; restated that the Los Angeles County Police Chiefs Association does not support the cannabis issue. Mayor Pro Tem Rubio asked the City Attorney, should Council find the need, whether the Ordinances could be amended at a later date; City Attorney Tafoya answered to the affirmative. • Council member Baca pointed out that there were several outreach community meetings held and a great deal of information was shared with those in attendance; opined that this matter was not rushed and the community was provided multiple opportunities and resources to gather information and provide input. A motion was made by Council member Pacheco, reading the recommendation in full, seconded by Council member Baca, to approve and adopt Ordinance Nos. 1400 and 1401; Council member Garcia voiced objection. With the objection noted, Mayor Lozano instructed the City Clerk to perform a roll call vote, resulting in the following: • Baca: Yes Garcia: No Lozano: Yes Pacheco: Yes Rubio: Yes Motion carried 4— 1, with Council member Garcia having the descending vote. • Regular Meeting of 8/16/17 Page 6 of 10 A motion was made by Pacheco, seconded by Baca, and carried (4 — 1; Council member Garcia voting No) to: 1. Approve and adopt by title only, and waive the second reading, Ordinance No. 1400, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADDING CHAPTER 127, MEDICAL AND ADULT USE COMMERCIAL CANNABIS, OF TITLE XI, BUSINESS REGULATION TO THE CITY OF BALDWIN PARK'S MUNICIPAL CODE," and waive any further reading thereof; and • 2. Approve and adopt by title only, and waive the second reading, Ordinance No. 1401, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING BALDWIN PARK MUNICIPAL CODE TABLE 153.050.020, ALLOWING MEDICAL AND ADULT CANNABIS CULTIVATION, DISTIRIBUTION AND MANUFACTURING USES, THE DELETION OF SUBSECTIONS 153.120.330.0 AND 153.120.330D OF THE CITY'S MUNICIPAL (ZONING) CODE," and waive any further reading thereof. AYES: Baca, Lozano, Pacheco, Rubio NOES: Garcia. ABSENT: None. ABSTAIN: None. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR . SA— 1 SUCCESSOR AGENCY TO THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK WARRANTS AND DEMANDS Staff recommends that Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to ratify the attached Warrants and Demands Register. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. • ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS 11. REQUEST FOR ALLOCATION OF FUNDING FOR THE "CELEBRATE BALDWIN PARK" PARADE Staff recommends that Council provide direction to staff. A motion was made by Mayor Lozano, seconded by Council member Pacheco, to allocate funds for the "Celebrate Baldwin Park" Parade using funds from the Business Improvement District Fund. Mayor Pro Tern Rubio asked that staff clarify where funds would come from for the event. Parks and Recreation Director Carrillo stated that funds would be provided from the Business Improvement District (BID) Fund; stated that the cost of $35,903 would be utilized from the BID fund. Regular Meeting of 8/16/17 Page 7 of 10 Mayor Pro Tern Rubio voiced objection to utilizing funds from the BID fund as it does not service to promote local businesses and insisted that monies for this event be taken from the General Fund. Council member Baca inquired as to the current balance of the BID Fund; expressed support for utilizing General Fund monies and suggested that funds from the BID be used to fix facades of local business buildings or other type of improvements that will help generate local business revenue. Following the vote, Council member Baca requested that Parks and Community Services staff make assertive efforts to pursue and obtain sponsors for the parade so that funds could be reimbursed to the BID Fund. Mayor Pro Tern Rubio made a substitute motion to allocate funds for the "Celebrate Baldwin Park" Parade using funds from the General Fund; Council member Baca seconded the motion; Council member Garcia voiced objection. With the objection noted, Mayor Lozano instructed the City Clerk to perform a roll call vote, resulting in the following: Baca: Yes Garcia: No Lozano: No Pacheco: No Rubio: Yes • The Substitute Motion failed, 2—3, with Garcia, Pacheco and Lozano voting No. Mayor Lozano made a motion, seconded by Council member Pacheco, to fund the "Celebrate Baldwin Park" Parade utilizing funds from the Business Improvement District Fund. Council member Baca voiced objection. With the objection noted, Mayor Lozano instructed the City Clerk to perform a roll call vote, resulting in the following: Baca: No Garcia: Yes Lozano: Yes Pacheco: Yes Rubio: No The motion carried, 3 — 2, with Council member Baca and Mayor Pro Tem Rubio voting No. A motion was made by Lozano, seconded by Pacheco, and carried (3 —2; Baca and Rubio voting No) to direct staff to allocate funds from the. Business Improvement District (BID) Fund in amount of $35,903 to pay for the "Celebrate Baldwin Park" Parade. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Regular Meeting of 8/16/17 Page 8 of 10 12. DESIGNATION AS SISTER CITY TO THE MUNICIPALITY OF NOCHISTLAN DE MEJIA ZACATECAS, MEXICO Staff recommends that Council approve the Sisterhood Agreement to establish a Sister City relationship between the City of Baldwin Park and the Municipality of Noghistlan de Mejia, Zacatecas, Mexico. Council members discussed aspects of the agreement that they wish to have revised, including removal of Article VIII, Financing, and replacement of the word "shall" with the word "may" throughout the entire document. This change will provide for a cooperative attitude but does not obligate the City to any contractual agreements. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to approve the Sisterhood Agreement to establish a Sister City relationship between the City of Baldwin Park and the Municipality of Nochistlan de Mejia, Zacatecas, Mexico, with the amendments that the word "shall" will be replaced by the word "may" throughout the document and that Article VIII, AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Council member Garcia for discussion and consideration: • Clarification of her position related to the David Salcedo lawsuit in response to council comments during the regular meeting on August 2, 2017. Council member Garcia stated that she would be taking both this item and the following item[Rules of Decorum]in conversation together. • Review of Rules of Decorum pertaining to Councilmembers making slanderous or false statements, and attacking other Councilmember's positions. This, in response to comments made by Mayor Pro Tern Susan Rubio and Councilmember Cruz Baca at the study session on August 7, 2017. Council member Garcia states that the two discussion items are inter-related; opined that she has seen an escalating pattern by certain members of council of resorting to attacking other council members' position versus agreeing to disagree; referred to recent dialogue from meetings on August 2 and August 7, 2017; stated that she is seeking protection through the rules of decorum and by the presiding officer. Council Member Garcia voice objection to being told that she was acting irresponsibly when she abstained from a vote pertaining to former Chief David Salcedo; stated that she opposed the termination of former Chief Salcedo, as well as the termination of former Chief Lily Hadsell in 2013; pointed out that both actions have resulted in lawsuits against the City. . Council member Garcia stated "Let me state again for the record, I did not terminate these individuals nor did my decision result in lawsuits that have been brought against • the City." Council member Garcia went on to say that she refrains from making derogatory comments out of respect for her colleagues, for the decision making process that council members utilize, for the audience and staff. Regular Meeting of 8/16/17 Page 9 of 10 In reference to the Rules of Decorum, Council member Garcia read aloud one of rules: "All persons must refrain from abusive behavior which disrupts the orderly conduct of the council meeting." Council member Garcia opined that statements have been made by other council members that are deliberate attacks and misrepresent her discussion comments or position; pointed out that her position on a given issue is focused on her own opinion, experience, time on the planning commission and on the city council, and pointed out that she provides reasoning and logic when she takes a particular position; restated her need for protection from verbal assault on the dais. Council member Garcia requested that the Rules of Decorum be reviewed and abide by • those rules, or revise the rules to prevent such conduct in the future; suggested that the Rules of Decorum adopt language similar to that of West Covina, which states "Council members shall accord the utmost courtesy to each other, to city employees and to the public appearing before the council, and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statement as to motive and personalities." • Request for letter of support to ensure the San Gabriel Mountains National Monument Open Space remains unchanged. The designation came after years of public engagement and • study to preserve nationally significant resources with the minimal boundary possible and should remain for future generations. Council member Garcia requested that staff prepare and send a letter to the Secretary of the Interior, Ryan Zinke, to request that the San Gabriel Mountains National Monument remain unchanged and that it be protected now and for future generations. • Discussion regarding the Walbern Development project. • • Mayor Pro Tern Rubio reflected on the conduct of a representative from Walbern Development at the Special Council meeting held on August 7, 2017, stating that his demeanor was disrespectful and demanded a letter of apology. 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 meeting at 8:51 p.m. • Ma or ATTEST: / 1 a r¢'' ozano, Mayor Aleja_ •ra 'v' =, ity CI- • APPROVED: 10 H Il " Regular Meeting of 8/16/17 Page 10 of 10