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HomeMy WebLinkAbout2019 07 17 CC MIN MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING July 17, 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 7:14 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 Manuel Lozano 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. Mayor Lozano requested the City Council meeting be adjourned in honor of Manuel Roberto Saucedo and requested a tree be planted in his honor with a plaque. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • None Listed PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:20 p.m. and noted that each speaker was permitted a total of three (3) minutes to speak. Louie inquired whether the City Council received the letter send by the labor union and spoke in favor of the cannabis applicants as they provide employment opportunities. Jay Cortez commented in favor of cannabis applicants and requested the City Council reconsider their current position and allow cannabis operators to conduct business. Nicholas Hernandez, Teresa, Judy, Patricia Varela, Jose Mendoza, Mr. Hernandez Escobedo, Frank Eibner, Al Azirno, Beatriz Cordonez, Daniel Marquez, Dora Lugo, Irene, Kathryn Contreras, Maureen, Maria Carrillo, Ashley Alonzo, Martha Cruz, Heidy, Kate Tedment, Daniel Represa, Ms. Garcia, Charles Sanchez, Mark Badilla, Gilbert Tarin, Antonio Hernandez, Mario Maciel, and Rose Kelsana spoke in opposition of the proposed Planned Parenthood clinic opening within the City and expressed concerns on abortion. Ashley Alonzo encouraged the community and City Council Members to donate and/or attend the fundraiser to empower young student athletes to compete. Mr. Luna inquired whether the City would be able to repay the loan they borrowed for employee benefits and spoke on the manner in which the City spends its money. Ruth extended an invitation to attend suicide intervention offered by Kaiser Permanente and spoke on personal experiences regarding suicide. Connie Gonzalez also encouraged the community to attend the suicide intervention and commented on her personal suicide experience. Carmen Vargas shared her experience as a foster parent and encouraged those who could open their homes to caring for children to do so. Mr. Rios commented on the changes to code enforcement since the department's transfer from Police Department to Community Development and spoke on receiving an unjust letter from code concerning an unpermitted patio and items in his yard. Mr. Rios also spoke in support of the Teamsters Union. The Saucedo family thanked the Mayor and the City of Baldwin Park for recognizing his late father and invited all to the tree planting ceremony. Mayor Lozano closed public communications at 8:54 p.m. Mayor Lozano clarified the cannabis application process and extensions they have granted to allow the developers to meet the criteria and stated they would have to await for action by the developers to proceed. The Mayor also commented on the Planned Regular Meeting of 07/17/19 Page 2 of 9 Parenthood matter and the application process stating he'd prefer to see another type of business in its place and did not have a vote on this matter. Council Member Pacheco thanked all speakers for expressing their opinion so that the City Council can take into account everything that is said. Council Member Pacheco stated the following, "I have my family, I my wife, two daughters and a son and my two beautiful daughters, one is a Vice Principal at a Catholic School in Downey currently seeking at Notre Dame her masters degree, the other just graduated in psychology and thank God two beautiful daughters that God gave me and thank God that I allowed them to live, could have had an abortion and didn't do that. I also have a son, he's about 8 years old today. One thing that does concern me about the abortion clinics and in general pediatrics overall is that one thing they kept telling my wife when she was having her baby was there's issues with you at your age having a baby, you're too old to have a baby and they kept telling her this visit after visit about the baby is going to die, it's going to have down syndrome, and continued wanting to do more tests and more tests; and my wife and I, we talked about that, and we had decided that, we didn't think it was fair we decided to see another doctor, we didn't think that this clinic and the pediatric care that they were giving us was fair because no matter what, decision we were going to make, we were going to have that baby, So with that, I believe, I'm prolife. I believe that we have babies, from the womb to the tomb, we support it, I believe in women's rights. When they're in the womb and when they die, we support them 100% but I don't think we start by doing abortions. There's definitely other alternatives, than to have abortions, there's a lot of other things we can look at, but just seems like society continues to impose abortions on all of us and I think that, we need to start to speak out on doing other options. You individuals spoke up here about. I think that like a lot of you said, and I agree with you, I think it is genocide. I think they come here, why Baldwin Park? Why not some other affluent City. Why do they park themselves here; but unfortunately the clinics, that was a former clinic, its zoned for that and they were able to buy the rights to that zoning area, and do a medical clinic and unfortunately abortions are still legal so that goes along with it. Any medical center here, can do those things. Now, what can we do, to try to alleviate the issues that we have? I mean I think a lot of you talked about affordable housing, we need family housing, family of veterans housing, we need to have that, and we have some proposed projects; and I don't know, I think by these proposed projects that are coming forth, some of them can also move along Sterling Way, and build projects there because we as a council have a right for housing, maybe that's something we should all look at, the community should get more involved as say hey, maybe, we should do housing there and move that facility out of Baldwin Park; and it's something I will look at, I'll talk to my Council colleagues. I think each of us on this issue, there's a lot of issues that we agree on, a lot we disagree on. I may not be in the same position with some other Council colleagues, but I'll let them express what their views are, but I think we can work together to find a solution and if we all continue to meet and discuss this issue; and if we have to meet with Planned Parenthood let them know what our concerns are, I'll do that. I'll meet with all of you if you want to talk more about some of the issues with Planned Parenthood so with that, thank you Mayor". Regular Meeting of 07/17/19 Page 3 of 9 Council Member Avila requested the City look into purchasing the land from Planned Parenthood and commented in favor of the services provided by this entity for the exception of abortions. Additionally, Council Member Avila stated the City's goal was for cannabis developers to be successful and hoped they could further discuss this matter to address concerns. Mayor Pro Tern Garcia stated Planned Parenthood found a location within the City and explained the City could not reject the business based on state laws and commended all speakers for sharing their personal experiences. Mayor Pro Tern Garcia commented on other services offered by Planned Parenthood based on a friend's experience who was diagnosed by this clinic with cancer. Council Member Hernandez thanked all speakers for their thoughts and expressed this topic was a divisive subject and commented on the Teamsters Union hoping they were aligning themselves with reputable organizations. Additionally, Council Member Hernandez commented on the importance of suicide prevention and outreach and commented on his personal experience with a family passing from suicide. 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. City Council Members pulled Item No.'s 8, 9 and 10 from the Consent Calendar for separate consideration. MOTION: It was moved by Mayor Lozano, seconded by Council Member Pacheco to approve the Consent Calendar with the exception of Item No.'s 8, 9 and 10. Motion carried by unanimous consent. 1. Warrants and Demands The City Council ratified the attached Warrants and Demands Register. 2. Meeting Minutes The City Council received and filed the following Meeting Minutes: A. Meeting Minutes of the Special City Council Meetings held on June 19, 2019. B. Meeting Minutes of the Regular City Council Meetings held on June 19, 2019. 3. Treasurer's Report— May 2019 The City Council received and filed the Treasurer's Report for April 2019. 4. Accept and Authorize the Filing of a Notice of Completion—City Project No. 2018- 0221 — Bus Stop Improvements Project Phase II The City Council accepted the construction improvements by YAKAR General Contractors and authorize the recordation of a Notice of Completion; and authorized the Director of Finance to appropriate $1,500 from Prop A fund and perform any Regular Meeting of 07/17/19 Page 4 of 9 necessary budget adjustments; and authorize the payment of $22,255 in retention funds to YAKAR General Contractors upon the expiration of the 35-day notice period. 5. Approve Memorandum of Understanding with the Los Angeles County Metropolitan Authority to Receive National Transit Database Reporting Funds for Transit Services The City Council approved the attached MOU with the Los Angeles County MTA and authorized the Mayor to execute said agreement. 6. Accept and Authorize the Filing of a Notice of Completion for City Project No. CIP 19-19 — Citywide Sidewalk and Concrete Improvements Project The City Council accepted the construction improvements by Gentry General Engineering, Inc. and authorize the recordation of a Notice of Completion with the County Clerk; and authorized the payment of $3,528.18 in retention funds to Gentry General Engineering, Inc. upon the expiration of the 35-day notice period. 7. Consideration of an Exclusive Negotiation Agreement (ENA) with ROEM Development Corporation for a Proposed Project in Downtown Baldwin Park (Phase II) The City Council approved the proposed ENA with ROEM; and authorized the Mayor to execute the agreement. 8. Consideration of an Exclusive Negotiation Agreement (ENA) with ROEM Development Corporation for a Proposed Project in Downtown Baldwin Park (Phase III) (Item was pulled for separate consideration) The City Council approved the proposed ENA with ROEM; and authorized the Mayor to execute the agreement. Council Member Avila requested additional information be provided from the ROEM Developers regarding the next phase and additional information on developers who offer wrap around services. Council Member Avila further requested staff connect with Senator Susan Rubio to obtain funding from the six million dollars offered in grants. Council Member Pacheco also requested a separate meeting be held to further discuss ENA's and additional projects. Council Member Hernandez wants requested ROEM developers consider the triangle area while Council Member Avila requested ROEM to research the Planned Parenthood location as a potential location for housing development. MOTION: It was moved by Mayor Lozano, seconded by Council Member Pacheco to approve the proposed ENA with ROEM and authorized the Mayor to execute the agreement. Motion carried by the following roll call vote: ROLL CALL: Regular Meeting of 07/17/19 Page 5 of 9 AYES: Council Members Garcia, Hernandez, Lozano, and Pacheco NOES: Council Member Avila ABSENT: None ABSTAIN: None 9. Consideration of an Exclusive Negotiation Agreement (ENA) with RHF Foundation, Inc. for a Proposed Project in Downtown Baldwin Park (Item was pulled for separate consideration) MOTION: It was moved by Mayor Lozano, seconded by Council Member Avila to approve the proposed ENA with RHF and authorized the Mayor to execute the agreement. Motion carried by unanimous consent. 10. Consideration of an Exclusive Negotiation Agreement (ENA) with Olson Urban Housing, LLC for a Proposed Project in Downtown Baldwin Park(Item was pulled for separate consideration) MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tern Garcia to approve the proposed ENA with Olsen Company and authorize the Mayor to execute the agreement. Motion carried by the following roll call vote: ROLL CALL: AYES: Council Members Garcia, Hernandez, and Lozano NOES: Council Member Avila and Pacheco ABSENT: None ABSTAIN: None 11. Waive Formal Bid Procedures for the Purchase of Janitorial Supplies Through the National Intergovernmental Purchasing Alliance The City Council found (i) that it would be uneconomical to follow purchasing procedures since the supplies are available through an existing contract with the State and (ii) State previously completed the bidding process and (iii) that the welfare of the public therefore would be promoted by dispensing with the purchasing procedures as allowed in the City's Purchasing Ordinance Chapter 34 section 37 (A); and approved the procurement of janitorial supplies from Waxie Sanitary Supply; and Authorized Recreation and Community Services Director to award the contract on a yearly basis, but not to exceed three (3) years as long as vendor continues to offer State pricing; and authorized Recreation and Community Services Director to expend $27,000 from Account 100-60-620-53100-00000 and $27,000 from 252-60-620-53100-00000 for a total of$54,000. 12. Approval of Addendum for HVAC Maintenance Service Agreement with Honeywell Building Solutions The City Council approved Addendum; and authorized the Mayor to execute the Addendum. Regular Meeting of 07/17/19 Page 6 of 9 13. Second Reading of Ordinance No. 1440 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 ESource LLC for the Cultivation and/or Manufacturing of Cannabis at the Real Property Located at 5129 Virginia Avenue (APN 8558-032-031) Within the City of Baldwin Park." The City Council waived reading and adopted Ordinance No. 1440, 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 ESOURCE LLC FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 5129 VIRGINIA AVENUE (APN 8558-032-031) WITHIN THE CITY OF BALDWIN PARK". 14. Ratify the Retention of Attorney Services The City Council ratified the retention of Leal Trejo APC; and direct the City Attorney to draft a standard retention agreement with this firm; and authorize the Mayor and City Clerk to execute said agreement approved as to form by the City Attorney. 15. Approval of Annual Statement of Investment Policy for Fiscal Year 2019-20 The City Council received and filed the attached Statement of Investment Policy for Fiscal Year 2019-20. 16. Adopt Resolution No. 2019-035 Setting the Appropriations Limit for Fiscal Year 2019-20 The City Council adopted Resolution No. 2019-035 setting the Appropriations Limit for Fiscal Year 2019-20 at $81,380,392. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case,the item will be removed from the general order of business and considered in its normal sequence on the agenda. MOTION: It was moved by Mayor Lozano, seconded by Council Member Pacheco 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 Staff recommends that the Board ratify the attached Warrants and Demands Registers. SA-2 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer's Report— May 2019 Staff recommends that Council receive and file the Treasurer's Report for May 2019. Regular Meeting of 07/17/19 Page 7 of 9 PUBLIC HEARING 17. Joint Update of the City of Baldwin Park and Baldwin Park Housing Authority City-Wide Fee Schedule Based On Consumer Price Index (CPI) And Other Adjustments Mayor Lozano opened the Public Hearing at 9:21 pm. Seeing no one wishing to speak, Mayor Lozano closed the Public Hearing at 9:21 pm. MOTION: It was moved by Mayor Lozano, seconded by Council Member Pacheco to approve the proposed updated City-Wide Fee Schedule and corresponding Resolution Number's CC 2019-034 and HA 2019-003. Motion carried by unanimous consent. 18. A Request for Consideration of and a Recommendation of Approval from the Planning Commission to the City Council on a Development Plan to Facilitate the Construction of New 4,018-Square Foot Drive-Through Restaurant, a Conditional Use Permit for the Operation of a Drive-Through Restaurant (Raising Cane's), and Tentative Parcel Map to Subdivide an Existing 9.19-Acre Lot (Target Center) into Two Lots as Follows: Parcel 1 (359,641 sq. ft.) and Parcel 2 (40,810 sq. ft.). (Location: 3100 Baldwin Park Blvd; Applicant: Ruben Gonzalez; Case Number: DP-18-85, TPM- 1440, and CP-879) Mayor Lozano opened the Public Hearing at 9:22 pm. Seeing no one wishing to speak, Mayor Lozano closed the Public Hearing at 9:22 pm. MOTION: It was moved by Mayor Lozano, seconded by Council Member Pacheco to adopt Resolution No. 2019-036 approving Development Plan 18-85, Conditional Use Permit 879, and Tentative Parcel Map 1440. REPORTS OF OFFICERS 19. 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 Mayor Pro Tem Garcia to appoint Christopher Garrido to the Planning Commission Office No. 4. Motion carried by unanimous consent. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS None Listed Regular Meeting of 07/17/19 Page 8 of 9 Council Member Avila requested staff provide additional options and information concerning affordable housing. Mayor Lozano commented on the successful efforts staff has made to clean the 99 cent shopping center and requested staff continue working with the business owners. 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 Pacheco, to adjourn the meeting at 9:28 p.m. Ma or: ATTEST: nuel Lozano, Mayor r 44E41 Jean A yal (jerk APPROVED: Seem ber U , ,20/7 Regular Meeting of 07/17/19 Page 9 of 9