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