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Home My WebLink About2019 11 20 CC MINSpID ,HU QF ,, T, S BR9rL ALLEY`, el MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING November 20, 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 7:00 p.m. INVOCATION The invocation was performed by Pastor Jackson PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano ROLL CALL City Clerk Ayala performed roll call. X F9 Z FI.Td -.-I a Council Member Alejandra Avila (present) Council Member Paul Hernandez (present) Council Member Ricardo Pacheco (present) Mayor Pro Tern Monica Garcia (present) Mayor Manuel Lozano (present) REPORT FROM CLOSED SESSION 00 10 RI 110 Mayor Lozano welcomed and introduced Accounting Manager ShaoYin Wei. PUBLIC COMMUNICATIONS Mayor Lozano opened public communications at approximately 7:04 p.m. The following spoke: 1) Rudy Avilar 5) Mr. Luna 2) Melissa Wagner 6) Mr. Rios 3) Kerry Ross 7) Frank Envenor 4) Kevin Rooney Seeing no one else wishing to speak, public communication was closed. CONSENT CALENDAR 1. City of Baldwin Park's Warrants and Demands Motion to ratify the attached Warrants and Demands Register. MOTION: It was moved by Manuel Lozano, seconded by Monica Garcia to adopt Motioned. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. 2. Meeting Minutes Motion to receive and file the following Meeting Minutes: Regular Meeting 11 -20-2019 Page 1 of 5 A. Meeting Minutes of the Special City Council Meeting held on November 5, 2019. B. Meeting Minutes of the Special City Council Meeting held on November 13, 2019. MOTION: It was moved by Manuel Lozano, seconded by Monica Garcia to adopt Motioned. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. 3. Treasurer's Report — August and September 2019 Motion to receive and file the Treasurer's Report for August and September 2019. MOTION: It was moved by Manuel Lozano, seconded by Monica Garcia to adopt Motioned. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. 4. Claim Rejection Motion to reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s): Diaz, Javier Claimant alleges that a tree branch caused damaged to his vehicle. Hernandez, Stephen & Kristen Claimant alleges wrongful death injury. MOTION: It was moved by Manuel Lozano, seconded by Monica Garcia to adopt Motioned. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. 5. Resolution of the City Council Overturning the Planning Commission's Decision Adopting the Findings of Fact and Denying 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, (Location: APN 8460- 001-900 and 8460-001-901; Applicant: Verizon Wireless — Reliant Land Services c/o Stella Shih) Motion to adopt Resolution No. 2019-051 entitled, " A Resolution of the City Council of the City of Baldwin Park Overturning the Planning Commission's decision adopting the findings of fact and denying a design exception and conditional use permit to construct a 52 foot tall mono -eucalyptus wireless communications facility within the R1, single family residential zone, pursuant tables 153.180.050 and section 153.180.100 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; case number: CP-882). MOTION: It was moved by Manuel Lozano, seconded by Monica Garcia to adopt Motioned. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. 6. Approve Final Parcel Map No. 1440 — For Commercial Purposes (Raising Cane's Restaurant) Motion to accept the Final Parcel Map No.1440 and authorize the City Clerk and staff to sign the Final Map. MOTION: It was moved by Manuel Lozano, seconded by Monica Garcia to adopt Motioned. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. Regular Meeting 11-20-2019 Page 2 of 5 7. Second Reading of Ordinance No. 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" Motion to adopt Ordinance No. 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". MOTION: It was moved by Manuel Lozano, seconded by Monica Garcia to adopt Motioned. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. 8. Second Reading of Ordinance No. 1443, Entitled "An Ordinance of the City Council of the City of Baldwin Park, California, Amending Table 153.050.02, Section 153.120, and Table 153.150.040 of Chapter 153 of the City's Municipal Code Relating to Commercial Cannabis Use" Staff recommends that the City Council waive reading and adopt Ordinance No. 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". MOTION: It was moved by Manuel Lozano, seconded by Monica Garcia to adopt Motioned. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. 9. Replacement of Four Police Dodge Chargers Motion to pull item number 9. MOTION: It was moved to pull item #9 by Manuel Lozano, seconded by Monica Garcia to adopt Motioned. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. 10.Authorize Purchase of Spillman Geographic Information Systems (GIS) Module Motion to: 1. Waive the formal bidding process for the purchase of the Spillman GIS Module pursuant to §34.23 (B); and 2. Authorize the Police Department to purchase the Spillman GIS Module through procedures outlined above; and 3. Authorize the Direct of Finance appropriate $67,800.00 from AB74 Public Safety Enhancements Fund #209 for the purchase of the Spillman GIS Module; and 4. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchases. MOTION: It was moved by Manuel Lozano, seconded by Monica Garcia to adopt Motioned. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR SA-1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer's Report — August and September 2019 Motion to receive and file the Treasurer's Report for August and September 2019. Regular Meeting 11-20-2019 Page 3 of 5 MOTION: It was moved by Manuel Lozano, seconded by Monica Garcia to adopt Motioned. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. PUBLIC HEARING 11. Public Hearing in Consideration of Ordinance No. 1447 Rent Stabilization Ordinance of the City of Baldwin Park Motion to open Public Hearing and Introduce for first reading, by title only, Ordinance No. 1447, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADDING CHAPTER 11, SECTION 129 TO THE BALDWIN PARK MUNICIPAL CODE, IMPOSING A MORATORIUM PROHIBITING CERTAIN RESIDENTIAL UNITS FROM RENT INCREASES IN EXCESS OF THREE PERCENT (3%) ABOVE THE CURRENT RENT AND PROHIBITING MORE THAN ONE RENT INCREASE IN ANY TWELVE MONTH PERIOD, AND REGULATING THE REASONS LANDLORDS ARE PERMITTED TO TERMINATE CERTAIN RESIDENATL TENANCIES AS OF THE EFFECTIVE DATE OF THIS ORDINANCE ON RESIDENTIAL RENTAL UNITS LOCATED WITHIN CITY LIMITS" with Amendment of removing section 129.14 and inserting INTENTIONALLY BLANK. Mayor Lozano opened public hearing at approximately 7:30 p.m. 1) Alicia Escalante 5) Maria Maciel 2) Maria Carrillo 6) Public Speaker 1 3) Beatriz Sandoval 7) Public Speaker 2 4) Kevin Rooney 8) Emmanuel Estrada Seeing no one wishing to speak, public hearing was closed at approximately 7:44 p.m. MOTION: It was moved by Paul Hernandez, seconded by Manuel Lozano to adopt Motioned with amendment. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. Sub -motion to add Single Family Residence to section 129.01 by Alejandra Avila, second by Ricardo Pacheco. AYES: Avila, Pacheco NOES: Hernandez, Garcia, Lozano [2-3] Failed 12.A Request to the City Council from the Planning Commission to Approve Development Agreement 19-03 to Grant a Cannabis Permit for a New Cannabis Cultivation and Manufacturing facility within the IC, Industrial Commercial Zone Pursuant to Ordinance 1408 (Location: 15440, 15442 & 15444 Arrow Highway; Applicant: Ala Karte LLC; Case Number: DA-19-03) Motion to Public Hearing and Introduce for first reading, by title only, Ordinance 1445, 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 ALA KARTE GROUP, LLC FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 15440, 15442, and 15444 (APN 8413-001-030) WITHIN THE CITY OF BALDWIN PARK". Mayor Lozano opened public hearing at approximately 8:14 p.m. Seeing no one wishing to speak, public hearing was closed at approximately 8:15 p.m. MOTION: It was moved by Manuel Lozano, seconded by Paul Hernandez to adopt Motioned with amendment. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. Regular Meeting 11-20-2019 Page 4 of 5 REPORTS OF OFFICERS 13. Review of Commission Applications and Consideration of Appointments/Reappointments to Fill the Scheduled Vacancies for the Housing, Planning, and Recreation Commissions Motion to move item number 13 to the first meeting in December. MOTION: It was moved by Manuel Lozano, seconded by Ricardo Pacheco to adopt Motioned with amendment. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. 14.Approve and Adopt Resolution No. 2019-052 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 Motion to move item number 14 to the first meeting in December. MOTION: It was moved by Manuel Lozano, seconded by Ricardo Pacheco to adopt Motioned with amendment. AYES: Avila, Hernandez, Pacheco, Garcia, Lozano [5 — 0]. Passes. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano to adjourn the meeting at 8:16 p.m. ATTEST: Manuel Lozano, Mayor Jean M. Ayala, City Clerk ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Shirley Quinones, 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 20, 2019. Shirley Quinones Chief Deputy City Clerk Regular Meeting 11-20-2019 Page 5 of 5