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