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