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HomeMy WebLinkAbout2018 02 07 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING FEBRUARY 7, 2018, 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 Mayor Lozano noted that the Study Session were to remain open until the end of the Regular City Council meeting and then the Council were to reconvene into the Study Session Mayor Lozano called the regular meeting of the City Council and the Baldwin Park Charitable Foundation meeting to order concurrently at 7:10 p.m. INVOCATION The invocation was offered by Pastor Jackson and Dr. Flores. 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 Tern Susan Rubio Mayor Manuel Lozano A motion was made by Lozano, seconded by Baca, and carried (5-0) to excuse City Clerk Alejandra Avila from the meeting. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. REPORT ON CLOSED SESSION Report was given at the conclusion of the Regular City Council meeting. ANNOUNCEMENTS Council Member Baca requested that the meeting be closed in memory of Leon "Ndugu" Chanler and Elenor Flowers. Council Member Rubio requested that the meeting be closed in memory of Bonita Lazera. Mayor Lozano introduced new Interim Chief Deputy City Clerk, Daryl Betancur and welcomed him to the City of Baldwin Park. Council Member Garcia made brief comments about the Grand Opening of Jersey. Mike's; thanked the Council and staff for their support. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Warehouse CUP/Zoning Presentation by Community Development Director. Director Romo made the presentation and answered Council's questions making specific reference to the following points: Ordinance pertaining to warehouse and their permitting status; city did not allow warehouses regardless of size, except in the I-Zone, which required a Conditional Use Permit (CUP); code was intended to accommodate large warehouse uses due to their impact and not the small warehouse uses; spoke of legal and conforming status of warehouses. • Direction given to staff to: 1) look into this and see if City can accommodate this business; and 2) to study this issue and provide a list of how many business were impacted and report back. • Presentation by San Gabriel Valley Mosquito &Vector Control District with updates on Zika recent events. A representative from the San Gabriel Valley Mosquito &Vector Control District made the presentation and spoke of Zika statistics and answered Council's questions. A lengthy discussion ensued relative to the presentation with Council Members requesting that a public and community outreach campaign needs to be conducted in order to educate the community about the issue of the Zika virus and its impacts upon the community and put on the NOW newsletter. Additionally, a request was made to explore the possibility of holding another community meeting preferably in the evening thereby facilitating public attendance. • • Council Member Pacheco made a brief presentation relative to the Rules of Decorum. There was a brief discussion about the following: that the rules of decorum apply to members of the City Council as well; Mayor Lozano stated that he wanted to correct something for the record that was made at the last meeting where Mayor Pro Tern Ricardo Pacheco stated that "you voted for the cannabis." Mayor Lozano indicated that he too had voted for it; stated that he did not think he was as vocal but that there were three Council Members who voted for it. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:45 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Dean Simpson resident of Agoura Hills made comments relative to a business park that he manages on Brooks Drive between River Grade and Little John; he provided a brjef history regarding the zoning at that location back in 1997 and that between then and present something happened in terms of the zoning change designation; he stated that any type of warehouse operation engaged in buying or selling was subject to the requirements of a Conditional Use Permit (CUP); that these type of small businesses were not prepared nor did they have the knowledge or skill set to follow the process required of a CUP; he stated that they also had to Regular Meeting of 2/7/18 Page 2 of 9 pay fees knowing that they may not even get such approval; and that this was one of the issues that these businesses were having. Terri Muse from Waste Management presented the 2017 Year in Review and introduced several key recycle statistics in Baldwin Park; and announced the tour of the recycling facility set for Tuesday, April 10th from 10:00 am to 12:00 p.m., and was free for the first 100 people. She announced that the Business Association and the School District were hosting the State of the City on March 29 at 8:30 a.m. at the Senior Center. Unknown speaker made brief remarks regarding the rules of decorum stating that the rules applied also to members of the City Council; stated that these rules as presented by Mayor Pro Tem .Pacheco were probably not reviewed by the City Attorney because they were not in compliance with Robert's Rules of Order. Christine Alarias, Library Manager at the Baldwin Park Library made announcements regarding a couple of upcoming programs including: Wednesday, February 14, from 6:30 p.m. to 7:30 p.m., the Black History Month Celebration; and on Saturday, February 17, at 2:00 p.m., the Friends of the Library will be sponsoring an Author Program with Author Jaime Alvarez. John Rios made comments relative to Mayor Pro Tern Pacheco's behavior at the last Council meeting and stated that his comments to the speaker were racist and impeded with the speaker's first amendment rights. Spoke against the Cannabis approvals. Unknown speaker also made comments relative to what happened at the last Council meeting when Mayor Pro Tern Pacheco made some unbecoming comments to a speaker; spoke about the Zika issue and the presentation made by Vector Control. Greg Tuttle spoke about first amendment rights; political prostitution in relation to the Cannabis application approvals; made comments relative to the manner in which Planning Commission agenda items were approved; spoke about the legal matters surrounding an individual who had an Agreement before the Council for approval. Daisy Cruz stated that she wanted to address the City's environmental burden stating that according to the EPA, the City was in the 95th percentile in environmental pollution; spoke about Green Alternatives, a non-profit she was associated with, which trains and educates communities about solar energy programs. Andv-Sue commented that his uncle had purchased a property within the I-Zoning area and was told that the area was not suitable for warehouse operations. Unknown speaker commented about the rules of decorum stating that the feuding that takes place amongst council members was unnecessary. Mayor Pro Tern Pacheco highlighted some of the City's accomplishments making reference to the improvements in the City and the new businesses coming in including the recent grand opening of Jersey Mike's. Council Member Baca stated that she would like to give staff direction to review the Orders of Decorum and determine whether or not they are up to date. Mayor Lozano stated that the City has not adopted Robert's Rules of Order. Regular Meeting of 2/7/18 Rage 3 of 9 Council Member Rubio announced the Coffee with a Cop event and invited the community to attend; stated that the event will take place on February 13 at 10:00 p.m., to 11:30 a.m. at McDonalds here in Baldwin Park; and made the announcement about the Blood drive. Council Member Garcia spoke at length regarding the restraining order she attempted to have against a member of the public who continually harasses her; she stated that she was fearful for her safety; spoke about the pattern of abusive behaviors on the part of this individual; she commented about a restraining order, which was issued by the Superior Court of the State of California in the County of Los Angeles, City of Pomona against this individual issued by a woman by the name of Sheila Ann Tuttle against Greg Sebastian Tuttle, which demonstrated that this individual was capable of causing physical harm to any person; that she needed to protect herself and that was the reason she brought this up. Mayor Pro Tem Pacheco also spoke about the escalation of alarming behaviors on the part of an individual in the audience and that he too was fearful for his safety. Mayor Lozano made comments relative to the issues expressed by Council Members and stated that they had the right to protect themselves and was appropriate to sound the alarm on this individual. Following all speakers comments, Mayor Lozano closed Public Communications at 8:16 p.m. CONSENT CALENDAR Council Item Nos. 3, 4, and 5 were pulled from the Consent Calendar for further discussion at the request of Council Member Baca. 1. ' WARRANTS AND DEMANDS ' Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Pacheco, seconded by Baca, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 2. APPROVAL OF MEETING MINUTES Receive and file: A. Amended minutes of the Special Meeting of December 13, 2018. B. Meeting Minutes of the Special and Regular City Council Meetings held on February 7, 2018. A motion was made by Pacheco, seconded by Baca, and carried (5 — 0) to receive and file the minutes. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Regular Meeting of 2/7/18 Page 4 of 9 '3. APPROPRIATE ADDITIONAL FUND FOR THE CITY'S TRAFFIC SIGNAL AND STREET LIGHTING MAINTENANCE PROGRAM (PULLED) Staff recommends that the City Council: 1) Authorize the Finance Director to transfer $35,000 from Acct. #251-50- 560-51100-00000 to Acct. #251-50-530-51100-00000 and $15,000 from Acct. #242-50-551-58100-15625 to Acct. #242-50-530-51100-00000 for FY 2017-18 to cover the increased expenditures due to unforeseen damage to City's traffic signals and street lights; and 2) Authorize the Finance Director to make necessary budget adjustments to allow payments as approved for FY 2017-18. Council Member Baca asked whether or not this was the result of a traffic accident or just needed to be replaced. Staff responded that four signal controllers were hit due to a collision and two traffic poles needed to be replaced also due to a collision. . A motion was made by Baca, seconded by Lozano, and carried (5-0) to accept the item as presented. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. APPROVAL OF GENERAL ON CALL ENGINEERING PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN, PLAN CHECK, CONSTRUCTION MANAGEMENT, INSPECTION AND RELATED SERVICES (PULLED) Staff recommends that Council approve a five-year On-Call Professional Services Agreement with Infrastructure Engineers. Inc., for Engineering Services, including Engineering Design, Plan Check, Construction Management, Inspection and Related Services as described in the Scope of Services; and authorize the Mayor to execute the Agreement. Council Member Baca stated that this was voted 3-2 at the last Council meeting; that she was concerned about the 5 year contract and that she was not pleased with some of the services provided and some of the completions that had not been made and yet they had been paid in full. Further, she inquired about whether or not there was a clause in the MOU that said they would not get paid after invoicing for 30 days. Staff responded that the City uses standard contract language, which gets modified for • the terms of the service; that there was a compensation clause where it said that the invoices have to have back up information or additional information at 35%, 65% or 95% of completion of the project; that the 30 days was standard in this type of contract. A motion was made by Lozano, seconded by Garcia, and carried (3 — 2) to approve as presented and authorize the Mayor to execute the Agreement. AYES: Garcia, Lozano, Pacheco • NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. Regular Meeting of 2/7/18 Page 5 of 9 5. ACCEPT AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR CITY PROJECT NO. 2016-0135 MORGAN PARK AQUATIC CENTER CEILING MAINTENANCE AND ADDITIONAL WORK TO PAINT INTERIOR WALLS AND RE-PLASTER SWIMMING POOL. (PULLED) It is recommended that the City Council: 1) Accept the construction improvements by Lucas Builders, Inc. and authorize the recordation of a Notice of Completion; and 2) Authorize the payment of $7,825 in retention funds to Lucas Builders, Inc. upon the expiration of the 35-day notice period. Council Member Baca inquired about whether or not there will be notifications when the project was completed. Staff responded that there will be notifications and that the pool will be completed within the next four weeks. A motion was made by Baca, seconded by Garcia, and carried (5—0) toapprove as presented. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS Staff recommends the City Council to: 1) Execute MOU with the San Gabriel Valley Council of Governments (SGVCOG) related to County homelessness plan development; and 2) Authorize the Director of Recreation and Community Services to execute any further documents. A motion was made by Pacheco, seconded by Baca, and carried (5 — 0) to approve as presented. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. • 7. APPROVE TRACT MAP 73928, 4923-4929 FORTIN STREET AND NUBIA STREET Staff recommends that the City Council accept Tract Map 73928 and authorize the City Clerk and staff to sign the final map. A motion was made by Pacheco, seconded by Baca, and carried (5 — 0) to accept Tract Map 73928 and authorize the City Clerk to sign the final map. AYES: Baca, Garcia, Lozano, Pacheco, Rubio • • NOES: None. ABSENT: None. ABSTAIN: None. Regular Meeting of 2/7/18 Page 6 of 9 8. APPROVE TRACT MAP 73354 14827-14839 PACIFIC AVE, 47 RESIDENTIAL CONDOMINIUM UNITS Staff recommends that the City Council accept Tract Map 73354 and authorize the City Clerk and staff to sign the final map. A motion was made by Pacheco, seconded by Baca, and carried (5 — 0) to accept Tract Map 73354 and authorize the City Clerk and staff to sign the final map. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. . ABSENT: None. ABSTAIN: None. PUBLIC HEARING NONE • REPORTS OF OFFICERS 9. CONSIDERATION OF TECHNICAL STUDY PREPARATION TO CREATE THE BALDWIN PARK COMMUNITY CHOICE AGGREGATION (ITEM CARRIED OVER TO FUTURE MEETING) Staff recommends that Council: 1. Approve and adopt Resolution No. 2017-202, entitled "Resolution of the City Council of the City of Baldwin Park to Conduct a Technical Study to Evaluate a Community Choice Aggregation with California Choice Energy Authority (CCEA);" and 2. Authorize the Chief Executive Officer to engage California Choice Energy Authority to conduct a Community Choice Aggregation Technical Study for a cost not to exceed $63,000; and 3. Authorize the Chief Executive Officer, or his designee, to request the release of load data from Southern California Edison (SCE); and 4. Authorize the Finance Director to appropriate $63,000 from the Future Development Fund (Fund 200) and perform the required budget adjustments for this project. Council Member Baca stated that she would like to give a chance to Southern • California Edison to come in and give a presentation before the Council.makes a decision. After a lengthy discussion, the Council's consensus was to bring this item back at the first City Council meeting in March. Regular Meeting of 2/7/18 Rage 7 of 9 Michael Bostwell, from California Choice Energy Authority made a presentation regarding the Community Choice Aggregation project and answered questions from Council. A motion was made by Pacheco to approve proposal as presented. Motion died for a lack of second. Mayor Pro Tern Pacheco removed motion from table and suggested to bring item back as well as to have Edison come to the City Council meeting and make a presentation. CITY COUNCIL/CITY CLERK/CITY TREASURER/STAFF REQUESTS & COMMUNICATIONS Request by Mayor Lozano for discussion and consideration: direction • Mayor Lozano commented on the prior direction given to staff to start working on the RFP process for the City's tow franchise; stated that he wanted to make sure that the current ordinance was updated and remove language that speaks to four years and allow the City Council to decide upon that point. Stated that the cost factors of what the City allow them to charge would also need to be reviewed and that will go to the Police Department for review. Mayor Lozano asked that this be brought back on the agenda the second meeting in March. Council Member Baca stated that in the context of the MOU that consideration be given to low income families if they can proof that the towing was not for good • cause. • A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to bring this item back at the second meeting in March with the changes as requested by Council. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. • ABSTAIN: None. • Request by Mayor Pro Tern Pacheco for discussion and consideration: • A report on the following regarding Police uncollected funds (Booking Fees, DUI Cost Recovery, False Alarms Etc.) and future processing procedures and implementation. Mayor Pro Tem Pacheco commented on different way of funding and made reference to the list included as part of the staff report. He directed staff to look at those areas and • look at what the status was of these items and find out if we could begin implementing those types of collection processes and bring back a report to the City Council in a month; he asked also for staff to determine whether or not staff can do it in-house or send it out. Regular Meeting of 2/7/18 Page 8 of 9 Council Member Rubio asked if staff could also look into hiring someone on a part-time basis to do collections. Request by Councilmember Baca for discussion and consideration: • I would like Staff to look into a location at Walnut Creek Nature Park for a "Memorial Walkway" where there can be a designated place to install plaques or rocks with names of those who have passed before the age of 21. I would like to include the following names: o Aramazd "Piqui" Andressian and Jordan Rios Macias. Council Member Baca asked that staff look into opening a memorial walkway where the City could designate rocks or plaques to recognize those who have passed before the age of 21 and that the first names she wanted to include, were: Aramazd "Piqui" Andressian and Jordan Rios Macias and anyone else that would like to come forward. . • Direct Staff to start planning for the 2018 Street Fair. Council Member Baca reminded staff to start planning for the Street Fair. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Rubio, to adjourn the meeting at 9:12 p.m. RECONVENE TO CLOSED SESSION at 9:13 p.m. REPORT ON CLOSED SESSION: 9:13 p.m. Report was given at the conclusion of the Regular City Council meeting. City Attorney Olivas reported that the City Council in Closed Session by a 4-0 vote had selected the firm of Jonas & Driscoll to serve as the City's Special Counsel. May r ATTEST: / `--Manuel Lo , ay ArA4 Alejandra A ila, City lerk APPROVED: .i/i`,/cp Regular Meeting of 2/7/18 Page 9 of 9