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HomeMy WebLinkAbout2019 11 06 CC MINSALO Vi OF ..... . .. .... SM A OR W L MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING November 5, 2019, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at approximately 7:10 p.m. INVOCATION The invocation was provided by Pastor Jackson PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL City Clerk Ayala performed roll call. MEMBERS: Council Member Alejandra Avila (present) Council Member Paul C. Hernandez (present) Council Member Ricardo Pacheco (present Mayor Pro Tern Monica Garcia (present) Mayor Manuel Lozano (present REPORT ON CLOSED SESSION City Council will reconvene to closed session at the adjournment of the regular meeting. ANNOUNCEMENTS PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at approximately 8:50 p.m. The following spoke: 1) Yolanda Espinoza 4) Mr. Rios 2) Speaker 1 5) Speaker 2 3) Beatriz Sandoval 6) Magarita Vargas Mayor Lozano closed public communications at 8:10 p.m. CONSENT CALENDAR 1. Warrants and Demands Motion to ratify the attached Warrants and Demands Register. MOTION: It was moved by Manuel Lozano, seconded by Paul Hernandez to adopt Motioned. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. Regular Meeting of 11/6/19 Page 1 of 7 2. Meeting Minutes Motion to received and filed the following Meeting Minutes: A. Meeting Minutes of the Special City Council Meeting held on October 2, 2019. B. Meeting Minutes of the Regular City Council Meeting held on October 2, 2019. C. Meeting Minutes of the Special City Council Meeting held on October 22, 2019. MOTION: It was moved by Manuel Lozano, seconded by Paul Hernandez to adopt Motioned. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. 3. Claim Rejection Motion to reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s): Ehlers, Robert Claimant alleges the City violated his 1 st amendment. Heirs/Estate of Luz Maria Urias Claimant alleges that the street constitutes a dangerous condition. Martinez, Andres Claimant alleges damages in the amount of $100.00 from his arrest by the BPPD. Perez, Rosa Claimant alleges damages in the amount of $1,600 from city owned tree. Martinez, Eva Claimant alleges damages in the amount of $225.00 from city owned trees. MOTION: It was moved by Manuel Lozano, seconded by Paul Hernandez to adopt Motioned. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. 4. Accept Plans and Specifications, and Authorize Publishing of a Notice Inviting Bids for Project No. CIP20-022 — Maine Avenue Complete Street Improvements, Phase 1 B Motion to: 1. Accepted the plans and specifications for Project No. CIP20-022, Maine Avenue Complete Street Improvements Phase 1 B; and 2. Authorized Staff to publish a Notice Inviting Bids MOTION: It was moved by Manuel Lozano, seconded by Paul Hernandez to adopt Motioned. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. 5. Award of Bid for City Project No. CIP20-178 — Puente Avenue Street Improvements between Francisquito Avenue and Central Avenue Motion to: 1. Approve and award the contract to Gentry Brothers, Inc. of Irwindale, CA in the amount of $ 1,071,867.50; 2. Authorize an expenditure in the amount of $88,900 from the approved FY 2019-20 operations budget Acct.#245-50-580-58110-15547 for purchase and installation of bus shelters and trash cans equipment; 3. Authorize the Director of Finance to appropriate Prop A Funds #244 in the amount of $42,454.25 and appropriate Street Lighting and Landscape Funds #251 in the amount of $66,850.00 for a total amount of $109,304.25; and Regular Meeting of 11/6/19 Page 2 of 7 4. Authorize the Mayor and City Clerk to execute the contract for Puente Avenue Street Improvements project. MOTION: It was moved by Manuel Lozano, seconded by Paul Hernandez to adopt Motioned. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. 6. Second Reading of Ordinance No. 1441 Entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 150 to Title XV of the Baldwin Park Municipal Code, Adopting by Reference, Title 24 of the California Code of Regulations, Specifically Adopting the 2019 California Building Code, 2019 California Residential Code with Appendices I and K, 2019 California Existing Building Code, 2019 California Mechanical Code, 2019 California Plumbing Code, 2019 California Electrical Code, 2019 California Green Building Standards Code, 2019 California Energy Code, 2019 Historical Code, 2019 California Reference Standards Code, 2019 California Fire Code and 2020 Los Angeles County Fire Code, Including all Appendices, as Mandated by California Health and Safety Code Section 18938" Motion to adopt Ordinance No. 1441, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 150 OF TITLE XV AND ADDING NEW SECTIONS TO CHAPTER 150 TO TITLE XV OF THE BALDWIN PARK MUNICIPAL CODE, ADOPTING BY REFERENCE, TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, SPECIFICALLY ADOPTING THE 2019 CALIFORNIA BUILDING CODE, 2019 CALIFORNIA RESIDENTIAL CODE WITH APPENDICES I AND K, 2019 CALIFORNIA EXISTING BUILDING CODE , 2019 CALIFORNIA MECHANICAL CODE, 2019 CALIFORNIA PLUMBING CODE, 2019 CALIFORNIA ELECTRICAL CODE, 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2019 CALIFORNIA ENERGY CODE, 2019 CALIFORNIA HISTORICAL CODE, 2019 CALIFORNIA REFERENCE STANDARDS CODE, 2019 CALIFORNIA FIRE CODE AND 2020 LOS ANGELES COUNTY FIRE CODE, INCLUDING ALL APPENDICES, AS MANDATED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 18938". MOTION: It was moved by Manuel Lozano, seconded by Paul Hernandez to adopt Motioned. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. 7. Approval of a 3-Party Agreement between ECORP Consulting, Inc. and the City of Baldwin Park for CEQA Related Services for a Proposed Two (2) Story, 15,635 S.F. Industrial Commercial Building at 13057-13065 Garvey Avenue Motion to approve the 3-party Agreement with ECORP Consulting Inc. in the amount of $50,465.55 for environmental consulting services and authorize the Mayor to execute the Agreement. MOTION: It was moved by Manuel Lozano, seconded by Paul Hernandez to adopt Motioned. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. 8. Adopt Resolution 2019-048 and Approve the Purchase of Real Property Located at 14824 Ramona Boulevard (APN: 8437-014-014) The City Council approved the purchase of the real property located at 14824 Ramona Boulevard for the amount of $725,000 from the Future Development Fund ("FDF"). Staff further recommends that the City Council take action on the following: 1. Approve the Resolution entitled "A Resolution of the City Council of the City of Baldwin Park Authorizing the Purchase of the Real Property located at 14824 Ramona Boulevard (APN 8437- 014-014) in the City of Baldwin Park and Authorizing the Mayor to Execute Documents Relating to Same"; and 2. Approve Purchase and Sale Agreement; and Regular Meeting of 11/6/19 Page 3 of 7 3. Authorize the Chief Executive Officer and the City Attorney to carry out all subsequent and needed action to complete the purchase of the property. Item #8 pulled for further discussion. MOTION: It was moved by Manuel Lozano, seconded by Monica Garcia to adopt Motioned. AYES: Hernandez, Garcia, Lozano NOES: Avila ABSTAIN: Pacheco [3 — 1]. Passes. 9. Adopt Resolution 2019-049 and Approve the Purchase of Real Property Located at 14801 Badillo Street (APN: 8437-013-026 and APN: 8437-013-027) Motion to approve the purchase of the property located at 14801 Badillo Street for the amount of $450,000 from the Future Development Fund ("FDF"). Staff further recommends that the City Council take action on the following: 1. Approve the Resolution entitled "A Resolution of the City Council of the City of Baldwin Park Authorizing the Purchase of Real Property located at 14801 Badillo Street (APN: 8437-013-026 and APN: 8437-013-027) in the City of Baldwin Park and Authorizing the Mayor to Execute Documents Relating to Same"; and 2. Approve Purchase and Sale Agreement; and 3. Authorize the Chief Executive Officer and the City Attorney to carry out all subsequent and needed action to complete the purchase of the property. Item #9 pulled for further discussion. MOTION: It was moved by Manuel Lozano, seconded by Monica Garcia to adopt Motioned. AYES: Hernandez, Garcia, Lozano NOES: Avila ABSTAIN: Pacheco [3 — 1]. Passes. 10. Request for Authorization to Purchase a Bi-Directional Antenna for the new Police Department/ Public Works Radio System Staff recommends that the City Council: 1. Waive the formal bidding process for this purchase; and 2. Authorize the Police Department to purchase the requested bi-directional antenna; and 3. Authorize the Director of Finance to appropriate an additional $31,020.03 form account #209-30- 370-58110-13022; and 4. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchase and installation. MOTION: It was moved by Manuel Lozano, seconded by Paul Hernandez to adopt Motioned. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. 11. Approve Ratification of an Employment Agreement with ShaoYin Wei, Accounting Manager Motion to ratify the employment agreement with ShaoYin Wei, for employment as the Accounting Manager, and authorize its execution by the Mayor. MOTION: It was moved by Manuel Lozano, seconded by Paul Hernandez to adopt Motioned. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. PUBLIC HEARING 12. An Urgency Ordinance of the City of Baldwin Park to Temporarily Stabilize Rents in the City Motion to approve, ratify, and adopt an Urgency Ordinance No. 1444 "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REGULATING RENT INCREASES AND EVICTIONS". Authorizing a 180-day temporary freeze on rents and requiring "just cause to evict a tenant in the City of Baldwin Park during the 180 day period described above". Regular Meeting of 11/6/19 Page 4 of 7 Motion to move up Public Hearing to the beginning of the meeting by Mayor Lozano, seconded by Council Member Ricardo Pacheco. Passed. The Mayor opened the public hearing at approximately 7:18 pm. The following spoke: 1) Edith Gonzalez 2) Leonardo Quezada 3) Alicia Escalante 4) Magdalena Fresnillo 5) Marvin Andrande 6) Marguerita Gabriela 7) Public Speaker 1 8) William Herrera 9) Frank 10) Yolanda Sandoval 11) Mr. Luna Recessed to escort disrupted occurrence. 12) Fernando Sandoval 13) Gloria Valdez 14) Daniel Ayala 15) Public Speaker 2 16) Evandro Garcia 17) Mr. Rios 18) Jasani De La Vega 19) Mario Maciel 20) Beatriz Sandoval and Monica 21) Emmanuel Estrada 22) Pastor Seeing no more public speakers, Mayor Lozano closed the Public Hearing at approximately 8:00 pm MOTION: It was moved by Alejandra Avila, seconded by Paul Hernandez to adopt Motioned. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. 13. Appeal of Conditional Use Permit No. 882, and a Design Exception for the Construction of a 52-Foot Tall Mono -Eucalyptus Wireless Telecommunication Facility Located in a Residential Zone, Pursuant Table 153.180.050 in the City's Municipal Code. (Location: APN 8460-001- 900 and 8460-001-901; Applicant: Verizon Wireless — Reliant Land Services c/o Stella Shih) Motion to bring back to appeal. The Mayor opened the public hearing at approximately 9:17 pm. The following spoke 1) Kevin Sullivan 5) Candance Lu 2) Jose Martinez 6) Diane Alvarez 3) Gloria Julia 7) Rene Solis 4) Gloria Quinonez MOTION: It was moved by Manuel Lozano to adopt Motioned. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. 14. A Request to the City Council from the Planning Commission on an Amendment to City of Baldwin Park Municipal Code Chapter 127 and Chapter 153 Table 153.050.020, Section 153.120 and Table 153.150.040 (AZC 19-01) Relating to Commercial Cannabis Use (Location: all Industrial Commercial (IC) and Industrial (1) Zoning Designations; Applicant: Distinct Indulgence; Case Number: AZC 19-01) Motion to open Public Hearing and Introduced for first reading, by title only, Ordinance 1442, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 127 OF TITLE XI OF THE CITY'S MUNICIPAL CODE"; and Regular Meeting of 11/6/19 Page 5 of 7 The City held a Public Hearing and Introduced for first reading, by title only, Ordinance 1443, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING TABLE 153.050.020, SECTION 153.120, AND TABLE 153.150.040 OF CHAPTER 153 OF THE CITY'S MUNICIPAL CODE REALTING TO COMMERCIAL CANNABIS USE". The Mayor opened the public hearing at approximately 10:21 p.m. Seeing no public speakers public hearing was closed. MOTION: It was moved by Manuel Lozano, seconded by Paul Hernandez to adopt Motioned. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. REPORTS OF OFFICERS 15. Review of Commission Applications and Consideration of Appointments/Reappointments to Fill the Scheduled Vacancies for the Housing, Planning, and Recreation Commissions The City Council reviewed all commission applications and made respective appointments. Tabled to bring back 16. Approve and Adopt Resolution No. 2019-050 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 San Gabriel Valley Mosquito & Vector Control District, as Appropriate The City Council rescinded Resolution 2019-015 and complete the review and appointment of delegate and alternate to the San Gabriel Valley Mosquito & Vector control District in Resolution No. 2019-050, entitled: "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City". Tabled to bring back The City Council recessed to closed session at approximately 10: 14 p.m. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS None Listed 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 Hernandez, to adjourn the meeting at 10:14 p.m. ATTEST: Manuel Lozano, Mayor Jean M. Ayala, City Clerk Regular Meeting of 11/6/19 Page 6 of 7 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK 1, Shirley Quihones, Chief Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing actions were taken by the City Council of the City of Baldwin Park at a Regular meeting thereof held on November 6, 2019. Shirley Quinones Chief Deputy City Clerk Regular Meeting of 11/6/19 Page 7 of 7