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Home My WebLink About2018 05 02 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING MAY 2, 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 The meeting was called to order by Mayor Lozano at 7:00 p.m. INVOCATION The invocation was provided by Pastor Jackson. 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 Susan Rubio Mayor Pro Tern Ricardo Pacheco Mayor Manuel Lozano REPORT ON CLOSED SESSION reportable action was taken. Mayor Lozano reported out of Closed Session that no re p ANNOUNCEMENTS Council Member Rubio requested to close in memory on Mr. Nixon Council Member Baca requested the City Council meeting be adjourned in memory of Dr. David Hall City Treasurer Contreras requested the meeting be closed in memory of former City Council Member of Irwindale Raymond Chavez. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Proclamation recognizing May as Older Americans Month. Council Member Garcia introduced the proclamation and was presented to • Certificate presentation to Eva Navarro & Concepcion Huidobro for being selected as "2018 Senior of the Year". The Mayor and Members of the City Council presented a plaque to Eva Navarro in appreciation. • Certificate presentation to California Mental Health, Samantha Mena, Virginia Serrano, and Elisa Jimenez-Hata. Council Member Baca acknowledged and thanked Ms. Jimenez for her hard work. Council Member Rubio requested their attendees step up to the Dias to receive a certificate from Senator Blanca Rubio. • Proclamation recognizing May as Lupus Awareness Month. Mayor Lozano introduced the proclamation for the record. Council Member Rubio thanked the Mata sisters for showing their courage. • Proclamation recognizing May 19, 2018 as Kids to Parks Day. Council Member Baca introduced the proclamation for the record • Proclamation recognizing May as CalFresh Awareness Month. Mayor Pro Tem Pacheco introduced the proclamation for the record. • Proclamation recognizing May 6 — 12, 2018 as Municipal Clerks Week. Council Member Rubio introduced the proclamation to City Clerk Avila. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:32 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Unknown speaker spoke on behalf of his nephews who are considered 50/50 (mentally disabled) and requested Council's support. Unknown speaker expressed concerns pertaining to rent control. Neal Evans encouraged the City Council to select to go out for bid on agenda item number 11. Dr. J. Potter representative of a cannabis business provided an overview of his qualifications Unknown speaker made comments in relation to the towing company contract. Diego Ramirez spoke in opposition of awarding the contract to Royal Coaches. Regular Meeting of 5/2/18 Page 2 of 11 Christina Larios Baldwin Park Library Manager provided the City Council and attendees with upcoming updates and events for the Baldwin Park Library. Rogelio Magana commented on initiatives and programs for Veterans. John Rios made comments regarding cannabis businesses. Richard Santos, commander of post 508 would like to develop a partnership with the City. Greg Tuttle made comments in disagreement with item 11. Margarita Vargas requested City Council follow the agenda, spoke on street closure delays, and invited the City Council to attend the Water Awareness Celebration. Unknown speaker invited the City Council to attend a Salsa dancing fundraising event. Unknown speaker made comments pertaining to unpaid property taxes. Dr. Richard Sena requested a thorough process be considered when granting a cannabis license. Carlos Barrera advocated for his group to be granted a cannabis business license. Veronica Thomas requested the City Council consider a bidding process for item number 11. Emmanuel Estrada expressed concerns relating to rent control. Unknown speaker read bible scriptures. Council Member Rubio commented encouraged all abused victims to speak up and stay strong. Seeing no others wishing to speak, Public Communications closed at 8:24 p.m. CONSENT CALENDAR All items listed under the consent calendar are considered to be routine business by the City Council and were approved with one motion. The City Council pulled Item No's. 5, 6, 7 from Consent Calendar for separate consideration. MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tern Pacheco to approve the remainder of the Consent Calendar. Motion carried by unanimous consent. 1. Warrants and Demands The Council ratified the attached Warrants and Demands Register. 2. Authorize the Directors of Finance and Public Works to dispose of Transit Regular Meeting of 5/2/18 Page 3 of 11 Buses that have reached end-of-life as defined by the Federal Transit Agency (FTA) The City Council: 1. Authorized the Director of Public Works to sell the buses by way of action and disposal; and 2. Authorized the Director of Finance to deposit funds generated from the auction to Prop. A Fund and remove the 7 transit buses from the capital assets. 3. Adoption of Resolution 2018-260, "A Resolution of the City Council of Baldwin Park to adopt the Fiscal Year 2018-19 Project List to be funded by Senate Bill 1 (SB1) —the Road Repair and Accountability Act" The City Council: 1. Adopted Resolution No. 2018-260, "A Resolution of the City Council of the City of Baldwin Park to adopt the Fiscal Year 2018-19 Project List to be funded by Senate Bill 1 (SB1) —the Road Repair and Accountability Act"; and 2. Authorized the Finance Director to appropriate projected FY 2018-19 SB1 funds in the amount of$1,369,067; and 3. Authorized the Director of Public Works to file necessary documentation to satisfy Senate Bill 1 funding requirements and act as the signature authority. 4. Amendment to City Attorney and Chief Executive Officer Contracts The City Council ratified the amendments to contracts for the City Attorney Services and for the Chief Executive Officer (CEO). 5. Second Reading Of Ordinance Nos. 1410, 1411, 1412, 1413, 1414, 1415, 1416, 1417, 1418, 1419, 1420, 1421, 1422, 1423 & 1424 For Consideration Of Fifteen (15) Development Agreements; Fourteen (14) For The Cultivation And Manufacturing Of Cannabis And One (1) For The Exclusive Distribution Of Cannabis And Cannabis Related Products (Locations: 4145 Puente Avenue; 14551 Joanbridge Street; 14824 Ramona Blvd & 4150 Puente Avenue; 13111 Spring Street & 428 Cloverleaf Drive; 5117 Calmview Avenue; 13467 Dalewood Street; 14837 & 14841 Ramona Blvd; 5148 Bleecker Street; 15023 Ramona Blvd; 4621 Littlejohn Street; 5157 Azusa Canyon Road; 5175 Commerce Drive; 13450 Brooks Drive, Units A & C; 4802 Littlejohn Street; And 13460 Brooks Drive; Applicant: City Of Baldwin Park; Case Numbers: Da 18-01 Through Da 18-15.) (pulled for separate consideration) Council Member Baca requested this item be brought back for consideration. MOTION: It was moved by Council Member Baca, seconded by Council Member Rubio to approve all Ordinances with the exception of Ordinance Number 1412. SUBSTITUTE MOTION: It was moved by Council Member Garcia to approve staff's recommendation. Mayor Lozano inquired whether the contract could be modified to 20 years versus 49 years. Regular Meeting of 5/2/18 Page 4 of 11 SUBSTITUTE MOTION: It was moved by Council Member Garcia to approve all ordinances with the change in term suggested by Mayor Lozano (20 year term) on Ordinance 1412, seconded by Mayor Pro Tem Pacheco. Motion carried by the following vote: ROLL CALL: AYES: Garcia, Lozano, Pacheco NOES: None ABSENT: Baca, Rubio ABSTAIN: None Council Member Rubio requested all agreements be equitable, remove language permitting transfers, and request the opposing party pay all legal fees pertaining to current litigation fees. Council Member Baca requested clarification on the motion on the floor. Mayor Lozano clarified that the motion on the floor: SUBSTITUTE MOTION: It was moved by Council Member Garcia to approve all ordinances with the change in term suggested by Mayor Lozano (20 year term) on Ordinance 1412, seconded by Mayor Pro Tern Pacheco. Motion carried by the following vote: ROLL CALL: AYES: Garcia, Lozano, Pacheco NOES: None ABSENT: Baca, Rubio ABSTAIN: None City Attorney Robert Tafoya clarified that the language in the Ordinances does not allow the transfer of ownership and trumps any development agreement being considered. Council Member Rubio inquired whether all contracts contained the same language. City Attorney Garcia answered no. Council Member Rubio requested the language relating to transfer in ownership be removed from the DA attached to Ordinance 1412. ORDINANCE 1410 ENTITLED, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH JENOME RESEARCH FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL Regular Meeting of 5/2/18 Page 5 of 11 PROPERTY LOCATED AT 4145 PUENTE AVENUE (APN: 8437-015-014) WITHIN THE CITY OF BALDWIN PARK ORDINANCE 1411 ENTITLED,AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH BALDWIN PARK TALE CORP. FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 14551 JOANBRIDGE STREET (APN: 8414- 006-062) WITHIN THE CITY OF BALDWIN PARK ORDINANCE 1412 ENTITLED,AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH RUKLI, INC. FOR THE DISTRIBUTION OF CANNABIS AND CANNABIS PRODUCTS AT THE REAL PROPERTY LOCATED AT 14824 RAMONA BLVD. AND 4150 PUENTE AVENUE (APN'S: 8437-014-014 & 8437-022-008) WITHIN THE CITY OF BALDWIN PARK ORDINANCE 1413 ENTITLED, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH 428 CLOVERLEAF, LLC FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 13111 SPRING STREET AND 428 CLOVERLEAF DRIVE (APN: 8535-023-051, 8564-021-009, & 8564-021-010) WITHIN THE CITY OF BALDWIN PARK ORDINANCE 1414 ENTITLED, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH CASA VERDE GROUP FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 5117 CALMVIEW AVENUE (APN: 8413-007- 062) WITHIN THE CITY OF BALDWIN PARK ORDINANCE 1415 ENTITLED,AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH RD BALDWIN PARK FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 13467 DALEWOOD STREET (APN: 8559-003-018) WITHIN THE CITY OF BALDWIN PARK ORDINANCE 1416 ENTITLED, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ORGANIC MANAGEMENT SOLUTIONS, LLC FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 14837 AND 14841 RAMONA BLVD. (APN: 8437-018-002 & 8437-018-001) WITHIN THE CITY OF BALDWIN PARK Regular Meeting of 5/2/18 Page 6 of 11 ORDINANCE 1417 ENTITLED,AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH MEDICAL GRADE FARMS BP FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 5148 BLEECKER STREET (APN: 8414-004-005) WITHIN THE CITY OF BALDWIN PARK ORDINANCE 1418 ENTITLED,AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH KULTIV8 GROUP, LLC FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 15023 RAMONA BLVD. (APN: 8437-021-006) WITHIN THE CITY OF BALDWIN PARK ORDINANCE 1419 ENTITLED,AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH GSC CAPITAL GROUP FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 4621 LITTLEJOHN STREET (APN: 8535-023- 033) WITHIN THE CITY OF BALDWIN PARK ORDINANCE 1420 ENTITLED,AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ELITE GREEN CULTIVATORS FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 5157 AZUSA CANYON ROAD (APN: 8413-001-030) WITHIN THE CITY OF BALDWIN PARK ORDINANCE 1421 ENTITLED, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH PACIFIC CULTIVATION, LLC FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 5175 COMMERCE DRIVE (APN: 8535-002- 041) WITHIN THE CITY OF BALDWIN PARK ORDINANCE 1422 ENTITLED,AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH CLOUD CONTROL, INC. FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 13450 BROOKS DRIVE, UNITS A AND C (APN: 8535-023-010) WITHIN THE CITY OF BALDWIN PARK ORDINANCE 1423 ENTITLED,AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH VRD, INC FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 4802 LITTLEJOHN STREET (APN: 8535-023-011) WITHIN THE CITY OF BALDWIN PARK Regular Meeting of 5/2/18 Page 7 of 11 ORDINANCE 1424 ENTITLED, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH GREEN HEALTH INDUSTRIES, LLC FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 13460 BROOKS DRIVE (APN: 8535-024-018) WITHIN THE CITY OF BALDWIN PARK 6. Second reading and approval of Ordinance No. 1406, "An Ordinance of the City Council of the City of Baldwin Park, California amending Chapter 50 of the Baldwin Park Municipal Code and enacting a new section in Chapter 50 Related to mandatory commercial and multi-family recycling". (Pulled for separate consideration) Council Member Baca requested the cost of fees. Interim Public Works Director Sam Gutierrez requested Terri Muse provide the fees. Terri Muse provided an overview of the organic waste program organics cart $79.34 a month. Council Member Baca requested the city place the fees on the Baldwin Park Now and on the website. MOTION: It was moved by Council Member Baca, seconded by Mayor Pro Tern Pacheco to approve staff's recommendation. Motion carried by unanimous consent to adopt Ordinance No. 1406 on second reading, read by title only, and waive further reading thereof. Ordinance No. 1406, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AMENDING CHAPTER 50 OF THE BALDWIN PARK MUNICIPAL CODE AND ENACTING A NEW SECTION IN CHAPTER 50 RELATED TO MANDATORY COMMERCIAL AND MULTI-FAMILY RECYCLING". 7. Exclusive Negotiation Agreement (ENA) Between the City of Baldwin Park and MG Development Group for purchase of City-owned (former Caltrans) Lots on Garvey Avenue (Pulled for separate consideration) Council Member Baca requested this item be brought back in the month of June in order to review the design. Mayor Pro Tern Pacheco requested they moved forward with staff's recommendation. MOTION: It was moved by Council Member Baca, seconded by Council Member Rubio to table the item and bring it back in June. Motion carried by the following vote: Regular Meeting of 5/2/18 Page 8 of 11 ROLL CALL: AYES: Baca, Rubio NOES: Garcia, Lozano, Pacheco ABSENT: None ABSTAIN: None MOTION: It was moved by Council Member Garcia, seconded by Council Member Rubio to approve this item and enter into an ENA with MG Development. Motion carried by the following vote: ROLL CALL: AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio ABSENT: None ABSTAIN: None 8. Award of Bid for City Project No. 2018-0239 — Concrete Improvements at various locations citywide The City Council: 1. Approved and award the contract to Gentry General Engineering, Inc. in the amount of$55,050.00; and 2. Authorized the Mayor and City Clerk to execute the contract for the concrete improvements work. 3. Authorized the Director of Finance to appropriate $28,000 from fund 243 and transfer $15,000 from Acct# 255-50-551-58100-15625 to Acct# 255-50-520- 58100-15714 to cover the remaining cost of the project. PUBLIC HEARING 9. Update The Cost Of City Service Fees Based On Consumer Price Index (CPI) And Other Adjustments Staff recommends this item be held over to the next City Council meeting for review and approval. MOTION: It was moved by Mayor Lozano, seconded by Council Member Garcia to table the item. Motion carried by unanimous consent. 10. Public Hearing Regarding Fiscal Year 2018-2019 Community Development Block Grant (CDBG) and Home Investment Partnership Fund (HOME) Annual Action Plan Suzie Ruelas Housing Manager, provided an overview and update of this item. Mayor Lozano opened the Public Hearing at 8:45 pm and invited those wishing to speak share their testimony. Regular Meeting of 5/2/18 Page 9 of 11 Seeing no one wishing to speak, Mayor Lozano closed the Public Hearing at 8:45 pm. MOTION: It was moved by Mayor Lozano, seconded by to Council Member Baca approve the FY 2018-2019 Annual Action Plan and authorize the Community Development Director and Chief Executive Officer to revise project funding as needed based on actual allocations once announced. Motion carried by unanimous consent. REPORTS OF OFFICERS 11. Consideration of the Towing Franchise Request for Proposals (RFP) or Extension Mayor Pro Tern Pacheco spoke in favor of Royal Coaches and expressed his satisfaction with their services and also spoke in favor of going through an RFP process. Mayor Lozano spoke in favor of Royal Coaches and commented on the contributions they have made to community organizations in the city. MOTION: It was moved by Mayor Pro Tern Pacheco, seconded by to Council Member Rubio to direct staff to send out an RFP in accordance with provisions of the Municipal Code. Motion carried by unanimous consent. City Attorney Robert Tafoya Garcia clarified the current contract was set to expire on August 20, 2018. Council Member Baca asked who decided whether the services provided were satisfactory. City Attorney Tafoya stated the Council as a whole votes on the rating of the company. Mayor Pro Tern Pacheco provided a power point presentation of ongoing improvements highlighting residential street rehab, construction of ADA ramps, Arbor Day event, and a tree dedication ceremony. Council Member Baca requested Sam Gutierrez provide an overview of the tree giveaway. Sam Gutierrez provided an overview on the Arbor Day event, stating that Supervisor Solis initiated this program for the City of Baldwin Park in an effort to plant more trees. CITY COUNCIL / CITY CLERK/ CITY TREASURER/ STAFF REQUESTS & COMMUNICATIONS • None Regular Meeting of 5/2/18 Page 10 of 11 ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano, seconded by Council Member Rubio, to adjourn the meeting at 8:54 p.m. yor ATTEST: � I an - - •, Mayor Jean v. Ayala, ' Clerk APPROVED: — /7 Regular Meeting of 5/2/18 Page 11 of 11