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