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Home My WebLink About2018 12 05 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING DECEMBER 5, 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 Council Member Pacheco. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Alejandra Avila Council Member Paul C. Hernandez Council Member Ricardo Pacheco Mayor Pro Tern Monica Garcia Mayor Manuel Lozano Mayor Lozano requested the meeting me adjourned in memory of Rene Robles and recognized Emmanuel Estrada for taking part in the electoral process. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS None listed. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:03 p.m. and noted that each speaker was permitted a total of three (3) minutes to speak. Luis and Sarah Almedo Baldwin Park residents and neighbors of Judith Street, reported a speeding issue off the freeway onramp and requested speed bumps and signage be posted to reinforce safety on their street. Lourdes Hermosillo echoed the previous comments made regarding the safety on Judith Street. Kevin Rooney requested speed bumps be added near schools to increase safety. Seeing no others wishing to speak, Public Communications closed at 7:13 p.m. Mayor Lozano requested staff look into the speeding issue. Council Member Pacheco asked staff whether an immediate resolution was possible. Sam Gutierrez, Public Works Director stated Judith and Frazier Street was on the list to be rehabilitated; and agreed to review the issues immediately. Council Member Avila requested staff ensure streets near schools be well lit and paved. Mayor Pro Tem Garcia requested additional patrol from the Police Department to ensure traffic regulations were followed. Further discussion was held amongst staff and Council regarding the importance to review all streets for traffic studies. 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. 5 from Consent Calendar for further discussion. MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tem Garcia to approve the remainder of the Consent Calendar. Motion carried by the following vote: ROLL CALL: AYES: Avila, Garcia, Hernandez, Lozano, and Pacheco NOES: None ABSENT: None ABSTAIN: None 1. Warrants and Demands The Council ratified the attached Warrants and Demands Register. 2. Meeting Minutes The Council received and filed the following Meeting Minutes: A. Meeting Minutes of the Special Study Session City Council Meeting held on November 14, 2018. B. Meeting Minutes of the Special City Council Meeting held on November 14, 2018. 3. Rejection of Claims The Council rejected the following claim(s) and directed staff to send appropriate notice of rejection to claimant(s): Hernandez, Maria Claimant alleges the city is responsible for property damage during the downtown street market located within Morgan Park. Premier Auto Credit Claimant alleges the police department illegally towed and impounded his vehicle Regular Meeting of 12/5/18 Page 2 of 6 4. Second Reading of Ordinance No. 1430 Entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Amending the Baldwin Park Municipal Code, Title XV, Land Usage, Chapter, 153, Zoning Code, Sections 153.040.020, 153.120.350, and 153.150.100 and 153.220.050 Relating to Accessory Dwelling Units —Zoning Code Amendment Case Number AZC 186" The City Council waived reading and adopted Ordinance No. 1430, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AMENDING THE BALDWIN PARK MUNICIPAL CODE, TITLE XV, LAND USAGE, CHAPTER, 153, ZONING CODE, SECTIONS 153.040.020, 153.120.350, AND 153.150.100, AND 153.220.050 RELATING TO ACCESSORY DWELLING UNITS —ZONING CODE AMENDMENT CASE NUMBER AZC 186 ". 5. Second Reading of Ordinance No. 1431 Entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Regulating the Business of Sidewalk Vending as Defined by State Law" (Pulled from Consent Calendar for separate consideration) Council Member Avila inquired whether the insurance amount was sufficient and the monthly expense applied to the permit. Chief Executive Officer Shannon Yauchzee offered to report back on these matters. Additionally, Council Member Avila asked whether staff had determined an amount to be charged to the vendor for this type of license. CEO Shannon deferred to Finance Director Rose Tam. Rose Tam stated the fee was set at around $120 a year. Lastly, Council Member Avila asked what other forms of ID would be permissible aside from the California issued identification or Social Security Number. City Attorney Robert Tafoya stated any government issued ID may be allowed and if modifications to this ordinance were warranted at a later time, such modifications could be made after its initial approval. Council Member Pacheco asked whether this ordinance could be changed. City Attorney Tafoya stated if the City Council did not approve tonight's ordinance, the city would not be able to regulate street vending. Council Member Pacheco requested staff bring back the ordinance in January for modifications. MOTION: It was moved by Mayor Lozano, seconded by Council Member Avila to waive reading and adopt Ordinance No. 1431, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REGULATING THE BUSINESS OF SIDEWALK VENDING AS DEFINED BY STATE LAW". Motion carried by unanimous consent. Regular Meeting of 12/5/18 Page 3 of 6 PUBLIC HEARING 6. Adoption of an Urgency Ordinance to Regulate Sidewalk Vending in Response to State Law SB946 (Lara) Sidewalk Vending The Mayor opened the public hearing at 7:36 pm Emmanuel Estrada spoke in opposition to the strict regulations included in the ordinance and requested Council make the street vending permitting process more accessible. Seeing no further speakers, the Mayor closed the public hearing at 7:38 pm. MOTION: It was moved by Mayor Lozano, seconded by Council Member Hernandez to Adopt Urgency Ordinance No. 1432, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REGULATING THE BUSINESS OF SIDEWALK VENDING AS DEFINED BY STATE LAW". Motion carried by unanimous consent. 7. A Request to the City Council from the Planning Commission on an Amendment to Development Agreement 18-18 to Change the Location from 14712 Arrow Highway to 4802 Littlejohn Street Ste. A, for a Cannabis Cultivation and Manufacturing Facility within the I, Industrial Zone Pursuant to Ordinance 1408 (Location: 4802 Littlejohn Street Ste. A; Applicant: The Grown Folks Inc.; Case Number 18-18) Interim Associate Planner Erika Ramirez provided an overview of the item via a power point presentation. The Mayor opened the public hearing at 7:43 pm Seeing no one wishing to speak, the Mayor closed the public hearing at 7:43 pm. Council Member Avila inquired whether a fee to change location had been applied. Ron Garcia City Planner affirmed the fee had been paid. Council Member Avila requested information on enforcement for those facilities that should not be in operation. Chief of Police Michael Taylor stated code enforcement conducted rounds to check the locations weekly. Council Member Avila asked about the process for a search warrant should there be enough evidence to search the location. Mr. Taylor stated various factors affected the process to obtain a search warrant such as the judge's availability. Regular Meeting of 12/5/18 Page 4 of 6 Council Member Garcia stated she was familiar with this location as spoke in favor of the change of location. MOTION: It was moved by Mayor Pro Tern Garcia, seconded by Mayor Lozano to Adopt Urgency Ordinance No. 1432, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, 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 4802 LITTLEJOHN STREET, SUITE A (APN 8535-023-011) WITHIN THE CITY OF BALDWIN PARK". Motion carried by unanimous consent. 8. A Request to the City Council from the Planning Commission on an Amendment to Development Agreement 18-19 to Change the Location from 4276 Elton Street to 4802 Littlejohn Street Ste. B, for a Cannabis Cultivation and Manufacturing Facility within the I, Industrial Zone Pursuant to Ordinance 1408 (Location: 4802 Littlejohn Street Ste. B; Applicant: W &F International Corp; Case Number 18-19) The Mayor opened the public hearing at 7:48 pm Seeing no one wishing to speak, the Mayor closed the public hearing at 7:48 pm. MOTION: It was moved by Mayor Lozano, seconded by Council Member Pacheco to introduce for first reading, by title only and waive further reading, Ordinance 1434, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, 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 4802 LITTLE JOHN STREET, SUITE B (APN 8535-023-011) WITHIN THE CITY OF BALDWIN PARK". Motion carried by unanimous consent. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS • Mayor Lozano requests City Council discussion and direction regarding options for the State of the City program including the option of partnering with the Business Association or holding a City Sponsored event. Mayor Lozano requested this item be brought back at the next regularly scheduled City Council meeting for consideration. Council Member Pacheco requested an update on the Caltrans onramp. CEO Yauchzee spoke on the successful meeting and provided an update to the City Council and a commitment from Caltrans to fix all the items requested by the city. Further discussion was held amongst City Council and staff in regards to the detailed work delineated in their agreement. Regular Meeting of 12/5/18 Page 5 of 6 Mayor Lozano acknowledged Mike Tue in the audience. 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 Avila, to adjourn the meeting at 8:02 p.m. Mayiii I ATTEST: —w�` Ma el Lozano, Mayor Ilk 41k !. Jea F . Ayala Eity Clerk APPROVED: Jonv /G/Rev, Regular Meeting of 12/5/18 Page 6 of 6