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Home My WebLink About2018 06 20 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING JUNE 20, 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 7:05 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 Monica Garcia Council Member Susan Rubio Mayor Pro Tern Ricardo Pacheco Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano reported out of Closed Session that the City Council voted to appoint Sam Gutierrez as the Public Works Director. The City Council voted to approve the State of the City Address with an employee recognition event. ANNOUNCEMENTS Mayor Lozano required the meeting be adjourned in honor of Lefty Gonzalez and Martin Rivera. Council Member Garcia requested the meeting be adjourned in memory of Margie Sanchez and requested discussion be held regarding the separation of children from the parents at the border. Additionally, Council Member Garcia congratulated all winners of the June election. Council Member Baca commented on the phrase "liberty and justice for all", stating this current administration is separating families and detaining people at the border. Mayor Lozano congratulated Susan Rubio for her victory and acknowledged all of the candidates who ran for office. Council Member Rubio thanked the Army for their services, made mention of Flag Day and invited all residents to attend the street fair. Mayor Lozano echoed Council Member Baca's comments regarding the separation of families and requested staff send a letter to the congressional office in support of the victims. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • None PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:16 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Christina Larios, Library Manager provided updates on upcoming events. John Rios commented positively on the manner in which the Baldwin Park police managed a local car chase and made comments pertaining to the cannabis business and the amount of input the police will have. Beatrice Sandoval thanked staff for hosting a forum regarding tenant's rights. Mr. Luna made comments on the agenda and tax increases. Gabriela Velasquez requested City Council's assistance with an issue concerning citations of oversized vehicles. Greg Tuttle commented on the past election and cultivation agreements. Margarita Vargas thanked the Public Works Department for fixing the streets on Ohio Street. Kimberly Lengob commented on homelessness initiatives. Rogelio Magana Castillo commented on an invitation extended to the City Council and requested they consider doing business with him. Jacob Dunn commented on an application submitted by their business and requested they consider tier one and tier two licenses. Mayor Lozano stated Mr. Dunn's company was given an opportunity to do business with the City. Council Member Baca expressed her desire to accept tier one and tier two businesses in the City. Regular Meeting of 6/20/18 Page 2 of 11 Council Member Rubio made comments on a particular company. Seeing no others wishing to speak, Public Communications closed at 7:41 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. 12 and 13, 14, 19, 20, and 21 Consent Calendar for separate consideration. MOTION: It was moved by Mayor Lozano, seconded by Council Member Garcia to approve the remainder of the Consent Calendar. Motion carried by unanimous consent. 1. Warrants and Demands The City Council ratified the attached Warrants and Demands Register. 2. Treasurer's Report— March 2018 The City Council received and filed the Treasurer's Report for March 2018. 3. Treasurer's Report—April 2018 The City Council received and filed the Treasurer's Report for April 2018. 4. Rejection of Claims The City Council rejected the following claim(s) and directed staff to send appropriate notice of rejection to claimant(s): Ballesteros Jr., Jim Claimant alleges the sidewalk located at 3153 Puente Avenue poses a dangerous condition of public property. Pittman, James Claimant alleges property damage by the BPPD. 5. Authorization to Transfer Funds from Account 501-30-000-22403-00000 to Account 501-30-000-22410-00000 The City Council 1) Authorized the transfer of $48,587.48 from fund 501-30-000- 22403-00000 to 501-30-000-22410-00000; and 2) Authorized the Finance Director to complete the transfer. 6. Adopt Resolution No. 2018-262 "A Resolution of the City Council of the City of Baldwin Park, California, Adopting the Amended Fee Schedule for Solid Waste Collection and Recycling Services, to Reflect Consumer Price Index (CIP) Increases" for Fiscal Year 2018-19 The City Council adopted Resolution No. 2018-262 "A Resolution of the City Council of the City of Baldwin Park, California, Adopting the Amended Fee Schedule for Solid Waste Collection and Recycling Services to reflect Consumer Price Index (CPI) Increases". Regular Meeting of 6/20/18 Page 3 of 11 7. Resolution No. 2018-266, Approving the Engineer's Report for the Citywide Landscaping and Lighting Maintenance Assessment District for FY2018-2019, Declaring the Intent to Levy and Collect Assessments, and Setting a Time and Place for a Public Hearing The City Council adopted Resolution No. 2018-266 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2018-2019, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING". 8. Resolution No. 2018-267, Approving the Engineer's Report for the Citywide Park Maintenance Assessment District for FY2018-2019, Declaring the Intent to Levy and Collect Assessments, and Setting a Time and Place for a Public Hearing Staff recommends that the City Council adopt Resolution No. 2018-267 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2018-2019, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING." 9. Award of Bid for City Project No. 2018-0221 — Bus Stop Improvements Project Phase II The City Council 1) Approved and awarded the contract to Yakar General Contractors, Inc. in the amount of $443,600; and authorized the Mayor and City Clerk to execute the contract for the bus stop improvements work; and 2) Authorized the Finance Director to appropriate funds from Acct. #245-50-551- 58100-15625 to Acct. #245-50-520-58100-15547. 10. Accept and Authorize the Filing of a Notice of Completion — City Project No. 2018-0239 — Concrete Improvements Project The City Council 1) Accepted the construction improvements by Gentry General Engineering, Inc. and authorize the recordation of a Notice of Completion; and 2) Authorized the appropriation of funds in the amount of $20,964 from Acct. #255-50- 551-58100-15625 to Acct. #255-50-552-58100-15714 and $28,000 from Acct. #255- 50-551-58100-15625 to Acct. # 255-50-520-58100-15714; and 3) Authorized the payment of $3,251.25 in retention funds to Gentry General Engineering, Inc. upon the expiration of the 35-day notice period. 11. Accept and Authorize the Filing of a Notice of Completion — City Project No. 2018-0220 — Residential Street Rehabilitation Project The City Council 1) Accepted the Construction improvements by Gentry Brothers, Inc. and authorize the recordation of a Notice of Completion; and 2) Authorized the payment of $37,799.83 in retention funds to Gentry Brothers, Inc. upon the expiration of the 35-day notice period. 12. Approve Final Tract Map No. 74185 - 3913 Stewart Avenue — for Condominium Purposes (Pulled from the Agenda) Regular Meeting of 6/20/18 Page 4 of 11 Council Member Baca requested this item be tabled and brought back to the next regularly scheduled City Council meeting. Mayor Lozano requested legal counsel provide further clarification as to whether this item could be held over until the next meeting. City Attorney Robert Tafoya stated the tract map would be deemed approved under Government Code Section 66458 regardless of approval. Council Member Baca requested traffic congestion be resolved and the developers for the condos provide further clarification on the goals for that project. Council Member Rubio asked whether this item could be approved with the contingencies posed by Council Member Baca. City Attorney Tafoya stated the Planning Commission approved the map and could make the request, but could not make the request as part of the motion. MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tern Pacheco to accepted Tract May no. 74185 and authorized the City Clerk and staff to sign the final map. Motion carried by unanimous consent. 13. Approve Final Tract Map No. 75031 Twenty Three (23) Residential Units and One (1) Commercial Unit The City Council accepted Tract May no. 75031 and authorized the City Clerk and staff to sign the final map. (Pulled from the Agenda) MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tern Pacheco to accepted Tract May no. 75031 and authorized the City Clerk and staff to sign the final map. Motion carried by unanimous consent. 14. Consideration of an Extension to the December 7, 2016 Bulletin Displays Development Agreement (DA)(Pulled from the Agenda) Council Member Garcia asked whether the agreement was expired. City Attorney Tafoya stated that a second extension required City Council approval. MOTION: It was moved by Council Member Garcia, seconded by Council Member Baca to adopt the attached Resolution (Attachment #1) granting Bulletin Displays an additional six (6) months to complete the required due diligence with Caltrans from the expiration date of March 21, 2018 to September 21, 2018. Motion carried by unanimous consent. 15. Approval of Addendum for HVAC Maintenance Service Agreement with Honeywell Building Solutions The City Council 1) Approved Addendum; and 2) Authorized the Mayor to execute the Addendum. Regular Meeting of 6/20/18 Page 5 of 11 16. Ratify and Adopt Resolutions to Approve Updates to the Comprehensive City of Baldwin Park Pay Schedule in Accordance with Cal PERS Established Guidelines; Update the City of Baldwin Park Job Classification Plan to Include a New Position of Building/Engineering Permit Technician and Recreation & Community Operations Supervisor, and Adopt the Respective Class Specifications; Delete the Lead Code Enforcement Officer Position; and Revise the Class Specification for Code Enforcement Supervisor The City Council approved, ratified and adopted 1) Resolution No. 2018-270 to update the Comprehensive Pay schedule which reflects the 2% COLA and other salary adjustments; and 2) Resolutions No. 2018-271 - to modify the job classification plan to include three new positions; and class specification revisions in accordance with applicable rules and regulations; and 3) Authorized the Finance Director to complete budget amendments and appropriations and make any necessary adjustments. 17. Approval of an Agreement with Valley County Water District for Water System Work Along Maine Avenue as Part of the City Project No. 2018-0219 — Maine Avenue Complete Streets The City Council approved the agreement with VCWD in an amount not to exceed $114,600 and authorized the Public Works Director to execute the agreement. 18. Renewal of Agreement with All City Management Services for Providing School Crossing Guard Services for Fiscal Year 2018/2019 The City Council 1) Approved the contract with ACMS for crossing guard services and 2) Authorized the Mayor to execute the agreement to continue contract services with ACMS and 3) Authorized the Director of Finance to appropriate $194,832 in the FY 2018-19 budget. 19. Adopt Resolution No. 2018-268, entitled, "A Resolution of the City Council of the City of Baldwin Park, California in support for the Everyone In, a Coalition of People who Embrace the Common Goal of Ending Homelessness." )(Pulled from the Agenda) Council Member Baca thanked all staff for their hard work on the homelessness initiative. MOTION: It was moved by Council Member Baca, seconded by Council Member Garvia to review and adopt Resolution No. 2018-268 entitled, "A Resolution of the City Council of the City of Baldwin Park, California in support for the Everyone In, Coalition of People who Embrace the Common Goal of Ending Homelessness". Motion carried by unanimous consent. 20. Approval for City of Baldwin Park City Homeless Plan (Home for Good Planning Grant) The City Council 1) Reviewed and approved the City of Baldwin Park Homeless Plan (Home for Good Planning Grant) in partnership with the County of Los Angeles Homeless Initiative; and 2) Authorized the Director of Recreation and Community Regular Meeting of 6/20/18 Page 6 of 11 Services, who is serving as project lead to execute any further documents required for the reimbursement and close out of the grant. 21. Adopt a Resolution Notifying the Independent Cities Risk Management Authority (ICRMA) of its intent to Withdraw from the Joint Powers Authority (JPA); and Adopt a Resolution Allowing the City of Baldwin Park to become a Self-Insured Agency in Compliance with State Law(Pulled from the Agenda) The City Council approved, ratified and adopted 1) Resolution No. 2018-274 to notify ICRMA of the City's intent to withdraw from the JPA on or before July 1, 2018; and; 2) Resolution No. 2018-275 to approve application submittal to the State of California Industrial Relations for a certificate of consent to self-insure, effective June 30, 2018. Council Member Rubio requested further clarification and asked whether the City was self-sufficient. City Attorney Tafoya stated this resolution only allows the City to opt out of the agreement. MOTION: It was moved by Council Member Rubio, seconded by Council Member Baca to approve, ratify and adopt 1) Resolution No. 2018-274 to notify ICRMA of the City's intent to withdraw from the JPA on or before July 1, 2018; and; 2) Resolution No. 2018- 275 to approve application submittal to the State of California Industrial Relations for a certificate of consent to self-insure, effective June 30, 2018. Motion carried by unanimous consent. 22. Pension Obligation Bonds The City Council 1) Authorized execution of contracts with the financial advisor and bond counsel' 2) Directed staff to prepare documents necessary to approve the issuance of Pension Obligation Bonds, and 3) Presented documents for the recommended Bod Schedule 1 for City Council consideration at a future council meeting. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE COMMUNITY DEVELOPMENT COMMISSION 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. MOTION: It was moved by Mayor Lozano, seconded by Council Member Baca to approve the Consent Calendar. Motion carried by unanimous consent. SA-1 SUCCESSOR AGENCY TO THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK WARRANTS AND DEMANDS The Successor Agency ratified the attached Warrants and Demands Register. SA-2 Treasurer's Report— March 2018 The Successor Agency received and filed the Treasurer's Report for March 2018. Regular Meeting of 6/20/18 Page 7 of 11 SA-3 Treasurer's Report—April 2018 The Successor Agency received and filed the Treasurer's Report for April 2018. PUBLIC HEARING 23. Update City of Baldwin Park Fee Schedule Based on Consumer Price Index (CIP) and Other Adjustments Rose Tam, Director of Finance provided an overview of the item. The Mayor opened the public hearing at 8:02 pm. Greg Tuttle spoke in opposition of this item. Mr. Luna inquired this public hearing was properly notices. John Rios commented on the public's limited access to online agendas. Seeing no further speakers, the Mayor closed the public hearing at 8:10 pm. MOTION: It was moved by Council Member Rubio, seconded by Council Member Baca to approve credit card fees and table the remainder of the item to the next regularly City Council meeting to allow further review. The motion carried by unanimous consent. 24. Adoption of the Budget for Fiscal Year 2018-19 for the City, Finance Authority, Housing Authority and Successor Agency Staff recommends that the Council open a public hearing, and following the public hearing, approve the Fiscal Year 2018-19 Budget for the City of Baldwin Park, by Resolution No. 2018-272, for the Finance Authority by Resolution No. FA 2018-001, for the Housing Authority by Resolution No. HA 2018-014, and the Successor Agency by Resolution No. SA 2018-001. The Mayor opened the public hearing at 8:16 pm. Greg Tuttle made comments regarding the projected revenue to be generated via the cannabis business. Seeing no further speakers, the Mayor closed the public hearing at 8:20 pm. Mayor Lozano and Council Member Rubio thanked Finance Director Rose Tam and her staff for a phenomenal job with the budget. MOTION: It was moved by Mayor Lozano, seconded by Council Member Garcia to approve the Fiscal Year 2018-19 Budget for the City of Baldwin Park, by Resolution No. 2018-272, for the Finance Authority by Resolution No. FA 2018-001, for the Housing Authority by Resolution No. HA 2018-014, and the Successor Agency by Resolution No. SA 2018-001. The motion carried by unanimous consent. Regular Meeting of 6/20/18 Page 8 of 11 25. An Amendment to the City of Baldwin Park Municipal Code Chapter 150, Part 7, Permit Issuance, to Set Clear Construction Timeframes, Clarify Permit Expiration Conditions, and Establish a Time Extension Process Mayor Pro Tern Pacheco stated this ordinance addressed their concerns regarding unfinished projects. The Mayor opened the public hearing at 8:16 pm. Greg Tuttle spoke on the enforcement of unfinished buildings and in favor of this ordinance. Margarita Vargas spoke in favor of this item. Seeing no further speakers, the Mayor closed the public hearing at 8:27 pm. Council Member Rubio requested staff report back on the Merced and Puente project. MOTION: It was moved by Mayor Pro Tern Pacheco, seconded by Council Member Garcia to approve ORDINANCE 1428 ENTITLED: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING BALDWIN PARK MUNICIPAL CODE CHAPTER 150, BUILDING CODES, PART 7, PERMIT ISSUANCE, TO SET CLEAR CONSTRUCTION TIME FRAMES, CLARIFY PERMIT EXPIRATION CONDITIONS, AND ESTABLISH A TIME EXTENSION PROCESS," for first reading, that the ordinance be read by title only and that all further readings be waived. The motion carried by unanimous consent. 26. Consideration of Four (4) Development Agreements; Three (3) for the Cultivation and Manufacturing of Cannabis (Locations: 14712 Arrow Highway; 4276 Elton Street; 14726 Arrow Highway) and One (1) for the Distribution of Cannabis (Location: 4150 Puente Avenue); Case Numbers: DA 18-03, & DA 18- 18, DA 18-19 and DA 18-20) The Mayor opened the public hearing at 8:29 pm. Scott Russel, legal counsel for Rukli stated Rukli ensured transportation would not be directed through school zones. Seeing no further speakers, the Mayor closed the public hearing at 8:31 pm. MOTION: It was moved by Council Member Garcia, seconded by Council Member Baca to approve: 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 AT THE REAL PROPERTY LOCATED AT 4150 PUENTE AVENUE (APN: 8437-022-008) WITHIN THE CITY OF BALDWIN PARK Regular Meeting of 6/20/18 Page 9 of 11 ORDINANCE 1425 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 THE GROWN FOLKS, INC. FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 14712 ARROW HIGHWAY (APN: 8414- 005-002) WITHIN THE CITY OF BALDWIN PARK ORDINANCE 1426 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 W&F INTERNATIONAL CORPORATION FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 4276 ELTON STREET (APN: 8437-016-005, 015, 016) WITHIN THE CITY OF BALDWIN PARK ORDINANCE 1427 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 TIER ONE CONSULTING FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 14726 ARROW HIGHWAY (APN: 8414-005-002) WITHIN THE CITY OF BALDWIN PARK This motion carried by the following roll call vote: AYES: Baca, Garcia, Lozano, Pacheco NOES: Rubio ABSENT: None ABSTAIN: None REPORTS OF OFFICERS 27. Approval and Direction to Proceed with a Professional Services Agreement for Transit Services MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tern Pacheco to table this item and bring it forward at the next regularly scheduled meeting. Motion carried by unanimous consent. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS None Regular Meeting of 6/20/18 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 Mayor Pro Tern Pacheco, to adjourn the meeting at 8:35 p.m. ATTEST: —.— Manuel Lozano, Mayor Jean . yala, Cit lerk - APPROVED: >,2 - /cF /q Regular Meeting of 6/20/18 Page 11 of 11