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HomeMy WebLinkAbout2019 03 20 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING March 20, 2019, 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 7:02 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 Alejandra Avila Council Member Paul C. Hernandez Council Member Ricardo Pacheco Mayor Pro Tern Monica Garcia Mayor Lozano MOTION: It was moved by Mayor Lozano, seconded by Council Member Hernandez to excuse Council Member Pacheco and Mayor Pro Tem Garcia from the meeting. Motion carried by unanimous consent. REPORT ON CLOSED SESSION Mayor Lozano announced no reportable action was taken. ANNOUNCEMENTS Mayor Lozano announced, as required by Government Code section 54952.3, members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Proclamation Recognizing DMV Donate for Life Month Daniel Luevanos and Jolene Vargas thanked the City Council for the proclamation and invited the community to attend the run/walk event on April 21st • Proclamation Recognizing March as Red Cross Month Erika with the American Red Cross accepted the award and encouraged the community to donate blood and volunteer. • Certificates Recognizing Sierra Vista High School Soccer Team CIF & State Titles Head Coach for Sierra Vista High Jose Rodriguez extended his gratitude on behalf of the school, faculty and soccer team to the City Council for honoring the winning team an invited the community to attend the ring ceremony (TBD). Mayor Lozano and the City Council pledged to assist with the rings and announced the team would be featured in the Baldwin Park Now newsletter and via a billboard and would be recognized at the annual summer concerts and parade. • Choice Aggregation Energy Implementation Plan & Statement of Intent Presentation Barbara Boswell provided a power point presentation emphasizing the importance of the community's choice to have oversight of utility rates and programs from energy suppliers. Ms. Boswell delivered an overview of the costs associated with the inception of the program and delineated next steps of the process. • California Consulting, Inc. Presentation Dan Rodriguez from California Consulting, Inc. explained the role they played as grant writers and commented on the various grants obtained due to their efforts. Council Member Hernandez requested their firm be more aggressive in obtaining private grants. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:55 p.m. and noted that each speaker was permitted a total of three (3) minutes to speak. Mr. Luna questioned the motive for approving the towing services contract and commented on the lack of information on the short agenda. Christina Larios, Library Manager provided updates on the upcoming events at the local library. Regular Meeting of 03/20/19 Page 2 of 9 Soledad Cruz invited the community to attend the poetry competition to be held Saturday, April 13 at 2:00 pm at the Baldwin Park Library. Veronica representative from Assembly Member Blanca Rubio congratulated the soccer team on their victory and reminded the community to attend the WINGS even ant the Esther Snyder Community Center. Mr. Rios commented on rent control, new housing development, citations provided to businesses and gave suggestions on handicap equipment Javier Vargas invited the City Council to attend an event on behalf of the East side little league Terri Muse, Waste Management Representative invited the community to attend the scholarship fundraiser and thanked Public Works staff for picking up bulky items swiftly after calls are placed. Mayor Lozano closed public communications at 7:58 p.m. CONSENT CALENDAR All items listed under the consent calendar are considered to be routine business by the Council Members and were approved with one motion. The City Council pulled Item No.'s 4, 9, 10, and 12 from the 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—January 2018 The Council received and filed the Treasurer's Report. 3. Meeting Minutes The City Council received and filed the following Meeting Minutes: A. Meeting Minutes of the Special City Council Meetings held on March 6, 2019. B. Meeting Minutes of the Regular City Council Meetings held on March 6, 2019. 4. Approval of Design-Build Contract with Merge Conceptual Design, LLC. For Professional Services for an Art in Public Space Project, Including Artwork, Design, Fabrication and Installation of Signs, Structures and Digital Displays (Pulled for Separate Consideration) The Council requested the dollar amount allocated to fix the items, whether this project Regular Meeting of 03/20/19 Page 3 of 9 was under warranty and if the design included a digital marquee. Director of Public Works Sam Gutierrez clarified a full analysis had not been conducted on the costs to fix items and the design was under a one year warranty. Additionally, Mr. Gutierrez commented that the location of signs had not yet been determined MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tern Garcia to table the item to the next meeting. Motion carried by unanimous consent. 5. Accept and Authorize the Filing of a Notice of Completion — City Project No. 2018-0266-Brooks Drive and Springs Street Reconstruction Project The City Council 1.) accepted the construction improvements by All American Asphalt, Inc. and authorize the recordation of a Notice of Completion; and 2.) authorized the payment of$13,740.61 in retention funds to All American Asphalt, Inc. upon the expiration of the 35-day notice period. 6. Award of Bids for City Project No. 2018-0273, CIP No. 19-113-Walnut Creek Nature Park Improvements Phase II The City Council 1.) approved and award the contract to CEM Construction Corp. of Downey, CA in the amount of$893,010.00; and 2.) authorized the Mayor and City Clerk to execute the contract for Walnut Creek Nature Park (WCNP) Improvements, Phase III Project; and 3.) authorized the Director of Finance to appropriate $80,000.00 from Measure M fund 255 to Account# 255-50-58100-16185. 7. Approval of Design Services Agreement (DSA) with Southern California Regional Rail Authority (SCRRA) for Rail; Safety Crossing and Quit Zone Ready Improvements at Mac Devitt Street, Merced Avenue and Foster Avenue The City Councill.) approved the Design Services Agreement with SCRRA for railroad design services for highway-rail grade crossing warning and signalization including Quiet Zone improvements at the MacDevitt Street, Merced Avenue and Foster Avenue crossings and authorize the Mayor to execute the DSA agreement in an amount not-to- exceed $470,800; and 2.) authorized the Director of Finance to draw-down from the Measure M Revenue Bond proceeds held by U.S. Bank to cover the DSA costs; and 3.) authorized the Director of Finance to reduce the approved budget from Acct. #255-50- 520-58100-15550 in the amount of$658,252 to be re-appropriated to other projects and to make the necessary budget adjustments. 8. A Resolution of the City Council of the City of Baldwin Park Approving the Agreement and Election to Prefund Other Post-Employment Benefits (OPEB) with the California Employer's Retirement Benefit Trust Fund (CERBT) Administered through the California Employers Retirement System (CaIPERS) and Approve the Delegation of Authority to Request Disbursements The City Council 1.) approved the agreement with CaIPERS to join the CERBT program; adopt Resolution NO. 19-006 delegating authority to request disbursements from the Trust; and authorize the execution of necessary documents with CaIPERS for fund and maintain participation in the Trust; and 2.) authorized the Director of Finance to deposit Regular Meeting of 03/20/19 Page 4 of 9 up to 50% of the General Fund surplus, if any, to the CERBT account each fiscal year after the audit is completed. The amount of deposit may be adjusted year-to-year with the City Council's direction. 9. Award of Contract for the 4th of July Pyrotechnic Show with Pyro Spectacular, Inc. (Pulled for Separate Consideration) Council Member Avila asked how they would obtain additional funding. Director of Recreation and Community Services Manuel Carrillo stated the funding would be pulled from business committee budget. MOTION: It was moved by Council Member Avila, seconded by Mayor Lozano to 1.) authorized the Director of Finance to allocate funding for the event; and 2.) awarded contract with Pyro Spectaculars Inc., for professional pyrotechnic services; and 3.) authorized the Director or Recreation & Community Services to execute the agreement with Pyro Spectaculars, Inc. Motion carried by unanimous consent. 10. Resolution Electing to Join Other Communities in LA County in Opting Out of the Requirements of the Congestion Management Program Established in 1990 by Proposition 111 (Pulled for Separate Consideration) Council Member Pacheco inquired whether there were any benefits. Planning Manager Ron Garcia stated there were no negative effects and the program would eventually be dissolved. MOTION: It was moved by Council Member Hernandez, seconded by Mayor Lozano to adopt Resolution 2019-005 electing to be exempt from the Congestion Management Program (CMP) in accordance with the CMP State Statue. 11. Introduction of Ordinance No. 1439, Establishing Baldwin Park Community Choice Aggregation Program and Other Related Actions The City Council 1.) introduced Ordinance No. 1439 Entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ESTABLISHING A COMMUNITY CHOICE AGGREGATION PROGRAM PURSUANT TO THE PUBLIC UTILITIES CODE"; and 2.) approved and direct staff to post the Community Choice Aggregation Bond in the amount of $100,000 with the California Public Utilities Commission; and 3.) authorized and direct staff to enter in to a CCA Service Agreement with Southern California Edison; and 4.) approved agreement with California Choice Energy Authority for CCA Implementation Services in the amount of $160,000; and 5.) approved a loan from the General Fund for the startup expenses related to the Baldwin Park Community Choice Aggregation program, and direct staff to prepare a promissory note for repayment over seven years fixed rate of 3% simple interest. Regular Meeting of 03/20/19 Page 5 of 9 12. Approval of an Exclusive Franchise for Official Police Tow Service Franchisee, Royal Coaches (Pulled for separate consideration) Council Member Avila expressed concerns to authorize one tow truck service to operate and negate another company the opportunity to do business in the city. Mayor Lozano spoke in support to grant the franchise to Royal Coaches as they had contributed a lot to the community of Baldwin Park. Council Member Pacheco clarified the city had initially granted two agreements, however, one company's franchise had been revoked due to code violations. Mayor Pro Tern Garcia commented on the company's long term commitment and the responsiveness of the company to both the city and residents' concerns. Council Member Hernandez spoke in favor of granting the franchise to one company in an effort to build stable business relationships. MOTION: Council Member Avila made a motion to keep Royal Coached as one of the Police Tow Service Franchise and remove the word "exclusive". Motion died due to a lack of a second. MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tern Garcia to 1.) award an exclusive Franchise Agreement to Royal Coaches; and 2.) authorize the Mayor to execute an Amended Franchise Agreement for Official Police Tow Services with Royal Coaches Autobody and Towing approved as to form by the City Attorney. Motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Garcia, Hernandez, Lozano, and Pacheco NOES: COUNCIL MEMBERS: Avila ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR All items listed under the consent calendar are considered to be routine business by the Board Members and were approved with one motion. MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tern Garcia 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 Treasurer's Report—January 2019 The Board Members received and filed the Treasurer's Report. Regular Meeting of 03/20/19 Page 6 of 9 SA-2 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Warrants and Demands The Board Members ratified the attached Warrants and Demands Registers. PUBLIC HEARING 13. A Request to the City Council from the Planning Commission on an Amendment to the Development Agreement 18-03 to Grant a Manufacturing License in Order to Repackage Product for Cultivators and Manufactures of Cannabis within the IC, Industrial Commercial Zone Pursuant to Ordinance 1408. (Location: 4150 Puente Avenue; Applicant: Rukli, Inc.; Case Number: DA-18-03) Mayor Lozano opened the public hearing at 8:52 p.m. Seeing no one wishing to speak, Mayor Lozano closed the public hearing at 8:52 pm. MOTION: It was moved by Mayor Lozano, seconded by Council Member Pacheco to Introduce for first reading, by title only, Ordinance No. 1438, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF 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 8437-014-014) WITHIN THE CITY OF BALDWIN PARK".. Motion carried by unanimous consent. 14. Public Hearing Regarding Fiscal Year 2019-2020 Community Development Block Grant (CDBG) and HOME Investment Partnership Fund (HOME) Annual Action Plan Mayor Lozano opened the public hearing at 8:54 p.m. Martha provided an overview on the emergency assistance center and thanked the City for the funding they have provided over the years. Cynthia Espinoza spoke on the pride platoon and domestic violence program efforts. Michel Ore with John the Baptist Church spoke on the activities provided via this funding. Paul Flores with Church of the Redeemer spoke on their food bank program through the support of the CDBG. Mayor Lozano closed the public hearing at 9:11 pm. The City Council requested this item be held over to the next regularly scheduled meeting. Regular Meeting of 03/20/19 Page 7 of 9 REPORTS OF OFFICERS 15. Review of Commission Applicants and Consideration of Appointments/Reappointments to Fill the Scheduled Vacancies for the Housing, Planning, and Recreation Commissions MOTION: It was moved by Mayor Lozano, seconded by Council Member Avila to table this item to the next meeting. Motion carried by unanimous consent. 16. Approve and Adopt Resolution No. 2019-008 Entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City"; and Review and Appoint Members to the Established Committees, as Appropriate MOTION: It was moved by Mayor Lozano, seconded by Council Member Avila to bring back this item to make remaining appointments at the next regularly scheduled meeting. Motion carried by unanimous consent. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Councilmember Ricardo Pacheco for City Council discussion and direction to staff on the following: • Councilmember Pacheco is requesting discussion on the needs of the community concerning affordable housing, and that direction be provided to staff to reconvene during a workshop study session with solutions to the affordable housing crisis and to further assess properties around the downtown area (specifically adjacent to and across the street from the Civic Center) as possible options and explore Fair Community Housing Initiatives. Council Member Pacheco provided an overview of the need to build affordable housing and requested staff hold workshops to receive input from the community to establish a program and commence work with developers for veterans, single parents, and families with fixed income. Council Member Avila requested staff look at the Mars Place program. Request by Recreation staff for City Council direction on the following: • Recreation and Community Services Director is seeking direction from the City Council on the selection to the various roles each member will assume during the State of the City Address Program. Mayor Lozano requested this item be brought back to the next meeting. Regular Meeting of 03/20/19 Page 8 of 9 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 Garcia, to adjourn the meeting at 9:22 p.m. Mat•r: ATTEST: Manuel Lozano, Mayor Jean M. ala, Cit lerk APPROVED: Apr,/ 3, oto/q Regular Meeting of 03/20/19 Page 9 of 9