MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING OCTOBER 19, 2016, 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 7:10 p.m. INVOCATION The invocation was provided by Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Cruz Baca Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano reported that no actions was taken on items discussed in Closed Session. Council announced that the positions of Public Works Director and Human Resources/Risk Manager would remain open until filled. ANNOUNCEMENTS Council member Baca requested that the meeting be closed in memory of Delores Lola Hernandez, and extended her condolences to the family. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Presentation of a Proclamation recognizing October as Breast Cancer Month. Mayor Pro Tem Garcia presented the proclamation to recognize October as Breast Cancer Awareness Month. Presentation Javier Agular, representing the Southern California Association of Governments, regarding the GIS Internship Pilot Program. Mr. Javier Agular narrated a PowerPoint presentation and responded to questions from Council.
Presentation by Kaiser Permanente with an Update on the Construction of its Parking Garage Expansion. Presentation by Skyler Dennis narrated a PowerPoint presentation, providing a status update on the parking garage expansion construction currently being done on the Kaiser Permanente campus, and responded to questions from Council. Oath of Office for Appointed Recreation and Community Services Commissioner Jesus Emanuel Rodriguez. Mayor Lozano issued the Oath of Office to Jesus Emanuel Rodriguez and welcomed him as a new member of the Recreation and Community Services Commission. PUBLIC COMMUNICATIONS Mayor Lozano proclaimed Public Communications open at 7:30 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Ken Woods, Baldwin Park resident, commented on the ROEM project and proposed future projects; opined that Council should be denying certain concessions to ROEM such as parking, tax breaks and other such matters. Arturo Luna, Baldwin Park resident, asserted that he needs answers to questions that he previously posed to Council; opined that Council does not have the backbone to tell citizens how much debt the city has and that it is having trouble with the ROEM project. Valerie Munoz, Mayor of City of La Puente, provided a summary of her background and expressed her appreciation for Council s nomination. Seeing no others wishing to speak, Public Communications closed at 7:42 p.m. CONSENT CALENDAR Council pulled Item nos. 5, 6, 8 and 9 from Consent Calendar for further discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Baca, and carried (5 0) to ratify the Warrants and Demands Register. Lozano. 2. TREASURER S REPORT AUGUST 2016 Staff A motion was made by Lozano, seconded by Baca, and carried (5 0) to receive and file the Treasurer s Report. Page 2 of 8
3. REJECTION OF CLAIMS Staff recommends that Council reject the following claim(s) and direct staff to send appropriate notice of rejection to claimant(s): Flores, Ana Claimant alleges the City is responsible for physical damage from manhole on Kaiser Permanente property. A motion was made by Lozano, seconded by Baca, and carried (5 0) to follow staff s recommendation and reject the claim. 4. BI-ANNUAL REVIEW AND APPROVAL OF RESOLUTION ADOPTING THE CITY S CONFLICT OF INTEREST CODE Staff recommends that Council approve and adopt Resolution No. 2016-153 entitled A Resolution of the City Council of the City of Baldwin Park, California, Adopting the City s Conflict of Interest Code. A motion was made by Lozano, seconded by Baca, and carried (5 0) to approve and adopt Resolution No. 2016-153 entitled A Resolution of the City Council of the City of Baldwin Park, California, Adopting the City s Conflict of Interest Code. 5. NOMINATION FOR WATER QUALITY AUTHORITY (WQA) BOARD MEMBER REPRESENTING CITIES WITHOUT PUMPING RIGHTS Staff recommends that Council: 1. Nominate and support Valerie Muñoz, Mayor/Councilmember of La Puente; and 2. Adopt Resolution No. 2016-154, entitled A Resolution of the City Council of the City of Baldwin Park, California, Nominating Mayor/Councilmember Valerie Muñoz to Represent Cities Without Prescriptive Water Pumping Rights on the Board of the San Gabriel Basin Water Quality Authority confirming the nomination. Council member Baca asked that this item be brought back at the next Council meeting to provide an opportunity for Margaret Clark, a possible candidate, to attend the next Council meeting so that she can make a presentation to Council. Mayor Lozano opined that he would like to see someone new in the position so that there will be a fresh outlook and new ideas presented on behalf of the City. Council member Rubio objected to the implication that Council had already made the selection of Ms. Munoz for the nomination; stated that she has not seen anything about this person and would like to know at what point this individual was selected. Mayor Lozano made a motion, seconded by Council member Pacheco to nominate Valerie Munoz and approve the resolution submitting her as a candidate to represent the cities. Page 3 of 8
Council member Baca made a substitute motion to hold this item over to the November 2 meeting to allow additional persons to be considered for the candidate nomination; Council member Rubio seconded the motion. Council member Pacheco voiced objection, so Mayor Lozano directed the City Clerk to conduct a roll call vote. A motion was made by Baca, seconded by Rubio, to hold Item No. 5 over to the next regular City Council meeting to allow additional time to consider other possible candidates. Baca, Rubio García, Lozano, Pacheco The motion failed by a vote of 3 2. Mayor Lozano s original motion was brought back to the floor, which was seconded by Council member Pacheco. Council member Baca voiced objection, so Mayor Lozano directed the City Clerk to conduct a roll call vote. A motion was made by Lozano, seconded by Pacheco, and carried (3 1 1; Council member Rubio chose to abstain based on her objection to the deviation from protocol) to nominate and support Valerie Muñoz, Mayor/Councilmember of La Puente and adopt Resolution No. 2016-154, entitled A Resolution of the City Council of the City of Baldwin Park, California, Nominating Mayor/Councilmember Valerie Muñoz to Represent Cities Without Prescriptive Water Pumping Rights on the Board of the San Gabriel Basin Water Quality Authority confirming the nomination. García, Lozano, Pacheco Baca Rubio 6. APPROVE QUITCLAIM DEEDING OF A PORTION OF FRANCISQUITO AVENUE AND GARVEY AVENUE, AND ADOPT RESOLUTION NO. 2016-155 ODERING THE VACATION OF SAID PORTION WITH RESERVATION FOR PUBLIC UTILITIES AND APPROVE FINAL PARCEL MAP NO 1426 LA FITNESS Staff recommends that Council: 1. Approve quitclaim deeding of a portion of Francisquito Avenue and Garvey Avenue to Fitness International, LLC; and 2. Adopt Resolution No. 2016-155 entitled, A Resolution of the City of Baldwin Park, California, Ordering the Vacation of a Portion of Francisquito Avenue and Garvey Avenue with Reservation for Public Utilities ; and 3. Approve Final Parcel Map No. 1426 and, upon recordation of the quitclaim documents, authorize the City Clerk and staff to sign the Final Parcel Map. Council member Rubio clarified that the property referenced in the quit claim was originally property belonging to the California Department of Transportation Page 4 of 8
(CalTrans). Because the L.A. Fitness project needed to gain right of way to the property, CalTrans transferred the property to the City of Baldwin Park and the City is now quit claiming it to L.A. Fitness; stressed that the City is not giving land away as it was never the City s land in the first place. Council member Rubio asked Chief Executive Officer Yauchzee to recall and clarify whether there was supposed to be plans to create a walking track around the outside perimeter of the site. Discussion ensued and CEO Yauchzee noted that he, City Planner Harbin and Interim Public Works Director Gutierrez had discussed the matter with the developer but that the design had not included it and the construction was already too far along to make such an accommodation. A motion was made by Mayor Pro Tem Garcia, seconded by Council member Pacheco, to approve the item in its entirety and without changes. Council member Baca voiced objection, so Mayor Lozano directed the City Clerk to conduct a roll call vote. A motion was made by Garcia, seconded by Pacheco, and carried (3 2) to: 1. Approve quitclaim deeding of a portion of Francisquito Avenue and Garvey Avenue to Fitness International, LLC; and 2. Adopt Resolution No. 2016-155 entitled, A Resolution of the City of Baldwin Park, California, Ordering the Vacation of a Portion of Francisquito Avenue and Garvey Avenue with Reservation for Public Utilities ; and 3. Approve Final Parcel Map No. 1426 and, upon recordation of the quitclaim documents, authorize the City Clerk and staff to sign the Final Parcel Map. García, Lozano, Pacheco Baca, Rubio 7. REQUEST APPROVAL OF PARCEL MAP NO. 1433 - KAISER HOSPITAL PARKING LOT STRUCTURE EXPANSION Staff recommends that Council authorize the City Clerk and staff to sign the Final Parcel Map and provide the map to the developer for recording at Los Angeles County Recorder s Office. A motion was made by Lozano, seconded by Baca, and carried (5 0) to approve and authorize the City Clerk and staff to sign the Final Parcel Map and provide the map to the developer for recording at Los Angeles County Recorder s Office. (Corrected notation approved by Council March 15, 2017.) Page 5 of 8
8. APPROVE THE PURCHASE OF TWO SEDAN VEHICLES FOR THE BUILDING DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT Staff recommends that Council approve the purchase of the two sedan vehicles from Longo Toyota in the amount of $48,450.68. Council member Baca, referring to the staff report, inquired as to when the vehicles were purchased, what happened to the old vehicles, and why were two vehicles purchased. Interim Public Works Director Gutierrez explained that the vehicles had been previously budgeted for and were secured under a WSCA contract but the total purchase exceeded the $25,000 limit, therefore staff is bring the item before Council for approval; noted that the two will be used by Building Inspectors and that the old vehicles will undergo repairs and will likely be used by Recreation and Community Services. CEO Yauchzee noted that the funds used to purchase the vehicles was grant money and that each vehicle cost under the $24,999 threshold but because both vehicles were purchased from the same dealer, he thought it prudent to present it to Council. A motion was made by Baca, seconded by Lozano, and carried (5 0) to approve the purchase of the two sedan vehicles from Longo Toyota in the amount of $48,450.68. PUBLIC HEARING 9. CREDIT AND DEBIT CARD PAYMENT SYSTEM Staff recommends that Council authorize the staff to: 1. Accept credit and debit card as alternative payment method for the payment of City taxes, permits and service fees; 2. Pass-on the credit and debit card fees to the customers as a convenience fee as allowed by the California State Government Code Section 6159(h); 3. Use the card payment system of Elavon/Bank of the West because they offer the lowest service fee; and 4. Approve Resolution No. 2016-152 entitled A Resolution of the City Council of the City of Baldwin Park Approving the Use of Credit and Debit Cards as Alternative Method for Payment of City Taxes and Fees. Mayor Lozano opened the Public Hearing at 8:07 p.m. and invited those wishing to speak in support of this item to come forward and be heard. Seeing no one wishing to speak in support of the item, Mayor Lozano invited those wishing to speak in opposition of this item to come forward and be heard. Ken Woods, Baldwin Park resident, spoke of the cost of taking debit and credit card transactions. Page 6 of 8
Seeing not others wishing to speak, Mayor Lozano closed the Public Hearing at 8:08 p.m. In response to Council member Baca s inquiry as to the transaction fees, Mr. Thomas, representing Bank of the West, explained that it would be a fixed fee rate. Council member Rubio spoke in support of the item, noting that she has had many constituents inquire about making payments using a credit or debit card. A motion was made by Baca, seconded by Pacheco, and carried (5 0) to 1. Accept credit and debit card as alternative payment method for the payment of City taxes, permits and service fees; 2. Pass-on the credit and debit card fees to the customers as a convenience fee as allowed by the California State Government Code Section 6159(h); 3. Use the card payment system of Elavon/Bank of the West because they offer the lowest service fee; and 4. Approve Resolution No. 2016-152 entitled A Resolution of the City Council of the City of Baldwin Park Approving the Use of Credit and Debit Cards as Alternative Method for Payment of City Taxes and Fees. REPORTS OF OFFICERS 10. AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH AIM CONSULTING SERVICES TO CONTINUE TO IMPLEMENT THE GOALS OF THEIR REPORT "BALDWIN PARK: A PATH TO A NEW ECONOMY" Staff recommends that Council: 1. Provide direction to staff regarding the extension of the Consultant Services Agreement with AIM; 2. Authorize the Finance Director to appropriate funds accordingly; and 3. Authorize the Mayor to sign the necessary documents for the extension Mayor Lozano noted that this item has been pulled from the agenda and will be brought back at a future meeting. Council member Baca communicated that, at a recent meeting between AIMS representatives and some Business Association members, some of the concerns brought up included parks/pocket parks in the downtown area; noted that AIMS had pointed out that the two suggested locations for parks, the Red Car Building and the property adjacent to Royal Coaches Towing, were already committed to housing projects; expressed concern because there was communication indicating that contracts had already been signed and construction was eminent; pointed out that one of the two representatives from AIMS only stayed at the meeting for 30 minutes, Page 7 of 8
yet invoices submitted for payment to the City often include a great deal more time than an hour or two; expressed concern that the City is being overcharged. Council member Rubio expressed similar concern, noting that AIMS representatives were taking suggestions off the table because they said that signed contracts were in place for the two sites; opined that AIMS should be looking at all suggestions, particularly since the City is paying for development services. Council member Pacheco pointed out that design of parks may not a part of the scope of work for the AIMS contract and that AIMS has done and is doing very good work for the City; pointed out that the two location projects are currently under an ENA to which AIMS may have been referring. Council member Baca reiterated that she would like to know why AIMS is representing that contracts for the developments are already in place. Council member Rubio echoed her concerns and noted that both she and Council member Baca have repeatedly asked for answers to questions of AIMS and neither of them have received any answers, which is what the greatest concern is. CITY COUNCIL/ CITY CLERK/ CITY TREASURER/ STAFF REQUESTS & COMMUNICATIONS ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Pacheco, to adjo rn the meetin - ; - ; m. M A ES : Ale an ra vila, City Clerk alkx nuel - o, yor APPROVED: 3// 5/' 7 Page 8 of 8