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HomeMy WebLinkAbout2017 12 06 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING DECEMBER 6, 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 7:28 p.m.* INVOCATION The invocation was provided by Pastor Flores. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Cruz Baca Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano MEMBERS ABSENT: Council Member Monica Garcia REPORT ON CLOSED SESSION Mayor Lozano reported out of Closed Session that no action was taken on items discussed. ANNOUNCEMENTS Mayor Lozano made a motion, seconded by Council member Baca, to add an emergency item— Ordinance No. 1403 — to the agenda for consideration and action. The motion carried (4-0-1; Council member Garcia absent). City Attorney noted that the Ordinance is being brought as an emergency item and Urgency Ordinance is because the City received a deluge of cannabis permit applications during the last few days of the open submission period taking the number way above the current number of permits allowed by Code; pointed out that the emergency status is because, with the State law coming into effect on January 1, the City does not have enough regular meetings scheduled between now and the end of the year to effectuate new legislation within the available time constraints; indicated that this Urgency Ordinance would increase the number of permits allowed to be issued. Mayor Lozano opened the Public Hearing at 7:17 p.m. to take testimony pertaining to an Urgency Ordinance No. 1403. The motion carried (4-0-1; Council member Garcia absent). • The proceedings of the Public Hearing appear in these minutes on Page 5, where a complete description of the item and the actions are recorded. Mayor Lozano requested that this evening's meeting be closed in memory of Carmen Vidal, a long time Baldwin Park resident; also, Josephine Lochia who was a long term resident; and condolences to the family and friends of Christina Neal Lozano who passed recently. Council Member Baca asked that the meeting also be closed in memory of a long time Baldwin Park resident Mrs. Chaparo, who recently passed; noted that the Breakfast with Santa was a very successful event and that the Christmas with the Cops Toy Event is coming up. Mayor Pro Tern Rubio extended thanks to Parks and Recreation staff for the wonderful events recently put on by the department, including Breakfast with Santa and the Annual Christmas Tree Lighting. Council member Pacheco commended Public Work staff on the work done in upgrading the streets and with the median landscape upgrades. COUNCIL REORGANIZATION 1. 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 Lozano nominated Council member Ricardo Pacheco to serve as the new Mayor Pro Tern. Seeing no objections, Mayor Lozano made a motion, seconded by Council member Rubio, and carried (4 — 0 — 1; Council member Garcia absent)to appoint Ricardo Pacheco as the Mayor Pro Tem for 2017-2018. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • • Introduction of new Human Resource/Risk Manager Laura Thomas. Mayor Lozano provided a brief career summary of Ms. Thomas' accomplishments and then invited her up to meet Council and the Executive staff. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:35 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. • Juan Rios, Baldwin Park resident, stated that he had asked the Chief Executive Officer to tour the city to see areas where repairs and improvements are needed; inferred that he is calling staff members to report problems in the community but is not receiving calls back. Unidentified speaker, stated that he hopes to bring his construction company here to Baldwin Park; opined that there are many that are uneducated in the benefits of cannabis both from a medicinal perspective and a business perspective. Regular Meeting of 12/6/17 Page 2 of 9 Unidentified speaker, representing Genome Research, asked for clarification with regard to permitting and when Council is expected to make the decision of who will be issued a permit; asked if there will be a meeting at which the announcement would be made. Arturo Luna, Baldwin Park resident, complained about distractions during public communications; complained about taxes and the city attorney; opined that the mayor is not paying attention during meetings and is picking on him. Mark Romos, representing United Food Commercial Workers Local #428, suggested that there is an opportunity to amend the application requirements to add an extra layer of enforcement; suggested that applications should require a labor peace agreement to insure union protection for workers; opined that it protects the community and that unionization protects cannabis workers. Diane Valez, Baldwin Park resident, expressed concern regarding the charge of $55 for copies of police reports and other police records; stated that her brother had appeared before Council previously to speak out on this matter. Greg Tuttle, Baldwin Park business owner, stated that he is not against cannabis in general but that the City needs to do the right thing, handle the permit process correctly and keep facility locations in the right places; opined that there are rumors of payoffs and that, while there were outreach meetings held, the community still does not feel well informed. Seeing no others wishing to speak, Public Communications closed at 7:59 p.m. CONSENT CALENDAR Council pulled Item Nos. 7 from Consent Calendar for further discussion. 2. 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 (4 — 0 — 1; Garcia absent) to ratify the Warrants and Demands Register. • AYES: Baca, Lozano, Pacheco, Rubio • NOES: None. ABSENT: Garcia. 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): Garcia, David Claimant alleges he was attacked by a • Baldwin Park Police K-9 while working at the car wash. A motion was made by Pacheco, seconded by Lozano, and carried (4 — 0 — 1; Garcia absent) to reject the claims and direct staff to send appropriate notice of rejection to claimants. AYES: Baca, Lozano, Pacheco, Rubio NOES: None. ABSENT: Garcia. ABSTAIN: None. • Regular Meeting of 12/6/17 Page 3 of 9 4. APPROVAL OF MEETING MINUTES Receive and file: A. Meeting Minutes of the Housing Authority, Finance Authority, Special and Regular City Council Meetings held on November 15, 2017. A motion was made by Pacheco, seconded by Lozano, and carried (4 — 0 — 1; Garcia absent) to receive and file the minutes. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 5. DESIGNATE REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY AS MEMBERS OF THE GOVERNING BOARD OF THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY(ICRMA) Staff recommends that Council: 1. Reappoint Council member Ricardo Pacheco as Representative, appoint Chief Executive Officer Shannon Yauchzee as Alternate, and appoint Human Resource-Risk Manager Laura Thomas as Substitute Alternate as representatives of the City of Baldwin Park on the Governing Board of the Independent Cities Risk Management Authority (ICRMA); and 2. Approve Resolution No. 2017-208, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City as Members of the Governing Board of the Independent Cities Risk Management Authority (ICRMA)." A motion was made by Pacheco, seconded by Lozano, and carried (4 — 0 — 1; Garcia absent)to: 1. Reappoint Council member Ricardo Pacheco as Representative, appoint Chief Executive Officer Shannon Yauchzee as Alternate, and appoint Human Resource-Risk Manager Laura Thomas as Substitute Alternate as representatives of the City of Baldwin Park on the Governing Board of the Independent Cities Risk Management Authority (ICRMA); and 2. Approve Resolution No. 2017-208, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City as Members of the • Governing Board of the Independent Cities Risk Management Authority (ICRMA)." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. APPROVE AND ADOPT A RESOLUTION APPROVING THE 4TH AMENDMENT TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS' (SGVCOG) JOINT POWERS AGREEMENT (JPA) Staff recommends that Council approve and adopt Resolution 2017-216, entitled "Resolution of the City Council of the City of the City of Baldwin Park, California, Approving the Fourth Amendment to the San Gabriel Valley Council Of Governments Joint Powers Regular Meeting of 12/6/17 Page 4 of 9 Authority Agreement," approving the 4th Amendment to the San Gabriel Valley Council of Governments' (SGVCOG) Joint Powers Agreement (JPA). A motion was made by Pacheco, seconded by Lozano, and carried (4 — 0 — 1; Garcia absent) to approve and adopt Resolution 2017-216, entitled "Resolution of the City Council of the City of the City of Baldwin Park, California, Approving the Fourth Amendment to the San Gabriel Valley Council Of Governments Joint Powers Authority Agreement," approving the 4th Amendment to the San Gabriel Valley Council of Governments' (SGVCOG) Joint Powers Agreement (JPA). AYES: Baca, Garcia, Lozano, Pacheco, Rubio • NOES: None. • ABSENT: None. ABSTAIN: None. 7. ADOPT RESOLUTIONS TO APPROVE MEMORANDUMS OF UNDERSTANDING BETWEEN CITY OF BALDWIN PARK AND BALDWIN PARK CITY EMPLOYEES ASSOCIATION (CEA), THE BALDWIN PARK CLASSIFIED CONFIDENTIAL EMPLOYEES ASSOCIATION (CCEA), AND THE BALDWIN PARK CLASSIFIED MANAGEMENT EMPLOYEES ASSOCIATION (CMEA), AND ADOPT RESOUTIONS AMENDING EXECUTIVE AND UNCLASSIFIED MANAGEMENT BENEFITS.MATRIX; AND APPROVE A RESOLUTION TO UPDATE THE PAY SCHEDULE REFLECTING SALARY AND BENEFIT ADJUSTMENTS IN ACCORDANCE WITH CALPERS ESTABLISHED GUIDELINES Staff recommends that Council approve and adopt: 1. Resolution No. 2017-209 to approve the MOU with the Baldwin Park City Employees Association; and 2. Resolution No. 2017-210, to approve the MOU with the Baldwin Park Classified Confidential Employees Association; and 3. Resolution No. 2017-211, to approve the MOU with the Classified Management Employees Association; and 4. Resolution No. 2017-212, amending the Executive Employees and Unclassified Managers Benefits Matrices; and 5. Resolution No. 2017-213, updating the comprehensive City of Baldwin Park Pay Schedule to reflect salary adjustments retroactive to July 1, 2017, in accordance with approved Memorandum of Understandings, respectively, amended benefit matrices and State mandated wage adjustments; and 6. Resolution No. 2017-214, updating the comprehensive City of Baldwin Park Pay Schedule to reflect salary adjustments retroactive to December 1, 2017, in accordance with approved Memorandum of Understandings, respectively, amended benefit matrices and State mandated wage adjustments; and 7. Resolution No. 2017-215, updating the comprehensive City of Baldwin Park Pay Schedule to reflect salary adjustments effective January 1, 2018, in accordance with approved Memorandum of Understandings, respectively, amended benefit matrices and State mandated wage adjustments; and 8. To authorize the Finance Director to complete a budget amendments and appropriations. A motion was made by Pacheco, seconded by Lozano, and carried (4 0 — 1; Garcia absent)to hold this item over until the next meeting. Regular Meeting of 12/6/17 Page 5 of 9 • Discussion later ensued and, after consulting with the Chief Executive Officer regarding the content of the documents, the item was brought back to the agenda for reconsideration. A motion was made by Pacheco, seconded by Baca, and carried (4 — 0 — 1; Garcia absent) to approve and adopt: 1. Resolution No. 2017-209 to approve the MOU with the Baldwin Park City Employees Association; and 2. Resolution No. 2017-210, to approve the MOU with the Baldwin Park Classified Confidential Employees Association; and 3. Resolution No. 2017-211, to approve the MOU with the Classified Management Employees Association; and 4. Resolution No. 2017-212, amending the Executive Employees and Unclassified Managers Benefits Matrices; and 5. Resolution No. 2017-213, updating the comprehensive City of Baldwin Park Pay Schedule to reflect salary adjustments retroactive to July 1, 2017, in accordance with approved Memorandum of Understandings, respectively, amended benefit matrices and State mandated wage adjustments; and 6. Resolution No. 2017-214, updating the comprehensive City of Baldwin Park Pay Schedule to reflect salary adjustments retroactive to December 1, 2017, in accordance with approved Memorandum of Understandings, respectively, amended benefit matrices and State mandated wage adjustments; and 7. Resolution No. 2017-215, updating the comprehensive City of Baldwin Park Pay Schedule to reflect salary adjustments effective January 1, 2018, in accordance with approved Memorandum of Understandings, respectively, amended benefit matrices and State mandated wage adjustments; and 8. To authorize the Finance Director to complete a budget amendments and appropriations. AYES: Baca, Lozano, Pacheco, Rubio NOES: None. ABSENT: Garcia ABSTAIN: None. PUBLIC HEARING 8. A REQUEST FOR CONSIDERATION OF A MUNICIPAL (ZONING) CODE AMENDMENT BY URGENCY ORDINANCE TO MODIFY CHAPTER 127 (COMMERCIAL CANNABIS) TO INCREASE THE NUMBER OF PERMITS PERMITTED .FROM FIFTEEN TO TWENTY Staff recommends that Council conduct a Public Hearing and, thereafter, waive the ' reading and adopt by title only Urgency Ordinance entitled, "An Urgency Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 127, Medical and Adult Use Commercial Cannabis, of Title XI, Business Regulations to the City of Baldwin Park Municipal Code." Mayor Lozano opened the Public Hearing at 7:17 p.m. and invited those wishing to speak against the proposed item to come forward and be heard. • Grea Tuttle, Baldwin Park business owner, opined that Council is rushing the process; asserted that the number of permits has been set by ordinance and should Regular Meeting of 12/6/17 Page 6 of 9 not be changed prior to any being issues; opined that the decisions are being driven by "friends of council" and that this item does not qualify as an "emergency item." Arturo Luna, Baldwin Park resident, opined that Council is a bunch of dictators. Juan Rios, Baldwin Park resident, asserted that not enough information has been provided to the public and the community does not feel well informed; expressed that Council is rushing the process unnecessarily. Upon conclusion of the testimony against, Mayor Lozano invited those wishing to speak in favor of the item to come forward and be heard. Seeing no others come forward to speak, Mayor Lozano closed the public hearing at 7:26 p.m. A motion was made by Lozano, seconded by Rubio, and carried (4 — 0 — 1; • Garcia absent) to continue the Public Hearing to a date and time certain of Wednesday, December 13, 2017, at 7:00 p.m. at which time Council will consider the item and take further action. AYES: Baca, Lozano, Pacheco, Rubio NOES: None. ABSENT: Garcia. ABSTAIN: None. REPORTS OF OFFICERS 9. A REQUEST FOR THE CONSIDERATION OF APPROVAL OF DEVELOPMENT AGREEMENTS FOR COMMERCIAL USE OF CANNABIS (MANUFACTURING, CULTIVATION, AND DISTRIBUTION) Staff recommends that, after consideration of the proposed Development Agreements, that the City Council approve up to twenty Development Agreements for Commercial Cannabis Manufacturing, Cultivation, and Distribution. A motion was made by Lozano, seconded by Baca, and carried (4 — 0 — 1; Garcia absent) to continue this item to the date and time certain of Wednesday, December 13, 2017, at 7:00 p.m. at which time Council will consider the item and take further action. AYES: Baca, Lozano, Pacheco, Rubio NOES: None. ABSENT: Garcia ABSTAIN: None. • 10. REVIEW OF CURRENT APPLICATIONS AND CONSIDERATION OF APPOINTMENT OF MEMBERS FOR THE HOUSING COMMISSION OF THE CITY OF BALDWIN PARK Staff recommends that Council review the submitted Commission applications, accept nominations, authorize staff to initiate the appropriate background checks through the Department of Justice (DOJ) and, contingent upon satisfactory clearance by the DOJ, appoint individuals to the respective City Commissions and adopt Resolution No. 2017- 166, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING QUALIFIED INDIVIDUALS TO THE HOUSING COMMISSION OF THE CITY OF BALDWIN PARK TO OFFICE NUMBERS 1, 2, 3, 4, 5 and 6." A motion was made by Lozano, seconded by Baca, and carried (4 — 0 — 1; Garcia absent) to continue this item to the date and time certain of Wednesday, December 13, Regular Meeting of 12/6/17 Page 7 of 9 2017, at 7:00 p.m. at which time Council will consider the item and take further action. AYES: Baca, Lozano, Pacheco, Rubio NOES: None. ABSENT: Garcia ABSTAIN: None. CITY COUNCIL/CITY CLERK/CITY TREASURER/STAFF REQUESTS & COMMUNICATIONS • Request by Mayor Pro Tem Rubio for discussion and consideration: Mayor Pro Tern Rubio is requesting that Council consider launching an aggressive "shop local" campaign with the following components: 1. Engage the Baldwin Park Business Association to assist with promoting local businesses. 2. Partner with the School District to promote local businesses within local schools and offer sponsorship opportunities - all monies going to support after-school programs. 3. Include social media "Shop Local" video component. Council member Rubio began discussion by suggesting that the City develop a "shop local" advertisement campaign; suggested that the City take advantage of opportunities to advertise at events with a "shop local" program and feature some local businesses; suggested that the business community partner with the school district by offering shopping and business discounts with some proceeds being donated to local schools. • Request by Mayor Pro Tem Rubio to discuss conducting a Special Meeting to consider the following: 1. Create a "Cannabis Safety Master Plan" to address the safety issues related to the new cannabis ordinance. 2. Discuss the public safety mitigation fees and their immediate use to increase the number of police officers; set up a security room with new equipment to monitor designated areas; and train field officers to focus on "high-risk" industrial/commercial areas. 3. Seek subject-matter expert to guide the process. . 4. Create a Cannabis Association to maintain good communication with city staff; address concerns on both sides as they arise; and become good community partners. Council member Rubio began discussion by suggesting that a safety master plan be developed to insure the security of community and its citizens; would like address mitigation fee and how those fees will be utilized; suggested that subject-matter experts be hired to guide and assist the City; suggested that a "cannabis council" be created to deal with issues that may arise. Regular Meeting of 12/6/17 Page 8 of 9 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 8:22 p.m. Mayor A E•T: Man -I L• -no, Mayor ejandr- Avila, City lerk APPROVED: 1 (11 1 g Regular Meeting of 12/6/17 Page 9 of 9