MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING OCTOBER 5, 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: 15 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 out of closed session that, by a vote of 4 0, Council has directed the Chief Executive Officer to hire a consultant for assistance in hiring a new Chief of Police. ANNOUNCEMENTS Mayor Lozano asked that the meeting be closed in memory of Blas Ulyses Ortegan. Council member Rubio thanked Maria Heggins and her husband for putting together the Cancer Awareness" event, noting that it went very well; noted that the Police Officers Association ( POA) would be hosting a Halloween event on October 27th and invited the community to participate. Council member Baca also commented on the cancer event and asked the Chief Executive Officer whether a proclamation will be presented at a future meeting; mentioned that the POA will also be hosting the "Coffee with the Cops" on October 7th at the Starbucks Coffee Shop at Francisquito and Baldwin Park Boulevard. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Proclamation. proclaiming October as Domestic Violence Month. Mayor Pro Tern Garcia presented the Proclamation to Cynthia Valdez, thanking her for her dedication and declaring October 2016 as Domestic Violence Month. Presentation on Medical Marijuana businesses and related issues. This presentation was postponed because the presenter was not at the meeting.
PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7: 28 p. m. and noted that each speaker is permitted a total of three ( 3) minutes to speak. Ken Woods, Baldwin Park resident, opined that the consultant is a liar and that his paperwork is fabricated; asked why members of Council are degrading those who had previously ran for office and lost; opined that ROEM is " raising their head" again, asserted that the ROEM agreement provides that no property tax will be due until they make a profit on the project but as a non- profit this is an oxymoron. Arturo Luna, Baldwin Park resident, commented on the Special Meeting held earlier this evening; complained that roll call for the meeting was started late; asked how much the City received for the ROEM projects; inquired as to why projects are done in phases. Juan Rios, Baldwin Park resident, commented on exceptionally high approval threshold for contracts, noting that Baldwin Park is the only City that has such a high threshold; opined that executive management are puppets for Council; asserted that Council has no shame but that the citizens are proud to be residents of Baldwin Park. Greg Tuttle, Baldwin Park business owner, expressed appreciation for the Council' s decision to hire a consulting service to assist with the Chief of Police recruitment; commented on stories about Sid Mousavi, providing handouts to Council; commented on political contributions made by Mr. Mousavi to Executive and Council members; narrated various documents pertaining to Vijay Singhal. Mary Terragossa, Baldwin Park resident, provided praise for the recently completed project on Ohio Street; commended Interim Public Works Director Sam Gutierrez for his good work and dedication to seeing the job completed. Jesse Plata, Baldwin Park resident, complained that Code Enforcement is not effective; equipment on site at 3800 block of Foster Ave is still there and staff has not been helpful; opined that other community members who speak in the meeting are always negative. Representative from Infrastructure Engineers, narrated a hand- out that summarizes the status of projects being performed by Infrastructure Engineers staff. Sid Mousavi, Owner of Infrastructure Engineers, spoke regarding the San Gabriel Valley River Bike Project; provided a narrative timeline of events for the project and Infrastructure Engineers' participation. Seeing no others wishing to speak, Public Communications closed at 7: 56 p. m. CONSENT CALENDAR Mayor Lozano announced that Item No. 6 was being removed from the Consent Calendar and will be heard on the date certain of October 19, 2016. This postponement is based on a request form the developer. Council member Baca requested that Item Nos. 3, 4 and 7 be pulled for discussion. Council member Baca also asked to discuss Item No. 6 briefly, despite its being pulled. Page 2 of 9
A motion was made by Lozano, seconded by Baca, and carried ( 5 0) to approve, adopt and authorize Item Nos. 1, 2, 5 and 8. 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. ABSENT: ABSTAIN: Lozano, Baca, Garcia, Rubio, Pacheco 2. REJECTION OF CLAIMS Staff recommends that Council reject the following claims and direct staff to send the appropriate notice of rejection to claimants: Castro, Guadalupe Ramos, Freddy Claimant alleges the police department illegally towed and impounded her vehicle. Claimant alleges damage to the tire and rim of his vehicle after striking the sidewalk on Francisquito Ave. A motion was made by Lozano, seconded by Baca, and carried ( 5 0) to reject the claims listed on the Staff Report and direct staff to send the appropriate notice of rejection to claimants. Lozano, Baca, Garcia, Rubio, Pacheco ABSENT: ABSTAIN: 3. AMENDMENT TO EXTEND THE EXCLUSIVE NEGOTIATION AGREEMENT ( ENA) WITH ROEM DEVELOPMENT CORPORATION FOR A PROPOSED PHASE II TO A TRANSIT-ORIENTED MIXED- USE DEVELOPMENT BETWEEN RAMONA BLVD AND THE BALDWIN PARK CIVIC CENTER Staff recommends the City Council: 1. Approve the extension to the ENA with ROEM Development Corporation; and 2. Authorize the Mayor to execute the necessary documents for the extension. Council member Baca expressed concern regarding this request for extension since issues are still unresolved with the Phase I project; inquired about solutions to overnight parking issues; traffic and parking is still a serious issue and a town meeting might be in order; requested that the item be held over to the October 15 meeting. Council member Rubio expressed concern regarding development in the area as a whole; opined that the city is situated in such a way that pollution from cars and trucks is already an issue and the increase of traffic by adding more apartments will only exacerbate the problem; suggested that Phase II be postponed until a decision has been Page 3 of 9
made as to the fate of the proposed Walbern project [ across from City Hall]; feels that Council needs to look at "the big picture." Mayor Pro Tern Garcia noted that the purpose of the Exclusive Negotiation Contract ENA) is for the developer to study the various impacts of a proposed project; suggested that the extension be granted and allow the developer to report back in a study session to answer any further questions that Council may have; asserted that there would be no harm in extending it. Council member. Pacheco expressed support for Mayor Pro Tern Garcia' s position, echoing that the ENA provides the developer to explore opportunities; feels that parking would be encompassed in the Environmental Impact Report ( EIR) and that the development will revitalize the downtown area and that it will bring much needed foot traffic. A motion was made bybaca, seconded by Rubio, to bringitem No. 3 back at a future meeting to allow for the developer to answer questions and address issues of concern to Council. Council member Pacheco voiced objection to the motion so Mayor Lozano directed the City Clerk to take a roll call vote. ABSENT: ABSTAIN: The motion failed by a vote of 2 3. A motion was made by Garcia, seconded by Pacheco, to approve the ENA extension and direct the developer appear before Council to address all of the concerns discussed in this evening' s meeting. Council member Baca voiced objection to the motion so Mayor Lozano directed the City Clerk to take a roll call vote. During roll call, Council member Rubio restated her concern because there are two projects that are going on at the same time and that each would be conducting a parking study that took into account their own project but how each project[ parking] would affect the other; opined that there had been support for a park plaza and that it will draw in new businesses. The motion made by Garcia, and seconded by Pacheco, and carried ( 3 2) to approve the extension to the ENA with ROEM Development Corporation, authorize the Mayor to execute the necessary documents for the extension, and direct the developer to appear before Council to address all of the concerns discussed in this evening' s meeting. ABSENT: ABSTAIN: Page 4 of 9
4. APPROVAL OF SUPPLEMENTAL TASK ORDER FOR SAN GABRIEL RIVER BIKEWAY PROJECT Staff recommends that Council approve the supplemental Task Order in the amount of 35, 600 and authorize the Public Works Department to proceed with the project. Council member Baca expressed concern and asked why this additional amount was not submitted as part of the original bid; pointed out that, because the original contract and this amendment have been bifurcated, the project has obtained a contract value over the 120, 000 that would normally have to come before Council for approval; requested that the consultant come forward and answer her questions and concerns. Sid Mousavi, owner of Infrastructure Engineers, explained that the work being performed is within budget, but that there are several phases in the project and there are costs associated with each items in theprocess. Council member Baca opined that the task order came out of nowhere and was not budgeted for; stated that she and Council member Rubio were open to meeting for explanation; pointed out that the invoices are hard to understand and that this is of great concern to her. A motion was made by Council member Baca, seconded by Council member Rubio, to deny the Supplemental Task Order for the San Gabriel River Bikeway Project. Council member Pacheco voiced objection to the motion so Mayor Lozano directed the City Clerk to take a roll call vote. Mayor Lozano restated the motion to pass the item. With that statement, City Treasurer Contreras conducted a roll call vote and the results are as follows: ABSENT: ABSTAIN: A motion to approve the supplemental Task Order in the amount of$ 35,600 and authorize the Public Works Department to proceed with the project passed by a vote of 3 2. ABSENT: ABSTAIN: Baca; Rubio Mayor Pro Tern Garcia followed up the discussion by noting that AAE was brought in by a Council vote and that AAE did not just come out of nowhere, pointing out that it is an inaccurate statement to indicate otherwise; opined that anyone making such a statement is implying mistrust of staff and that any impression of ethical misconduct; encouraged all Council members to get on board with the project and pointed out that it will be a benefit to the community and youth. City Attorney Tafoya informed the Mayor and Council that the vote previously taken needed to be restated and clarified because the intent and the actual vote were in conflict. City Attorney Tafoya restated the motion as Council member Baca making a motion to reject the task order and Council member Rubio seconding the motion. When the roll call vote was taken, the votes were inverted and Council members Baca and Rubio voted to Page 5 of 9
pass the item while Mayor Lozano and Council members Garcia and Pacheco supported the rejection of the item. Since it appeared that this was not the intent of each Council member, City Attorney Tafoya vocally confirmed the following: Mayor Lozano, Mayor Pro Tern Garcia and Council member Pacheco do not support rejection of the Supplemental Task Order for the San Gabriel River Bikeway Project and Council members Baca and Rubio do support the rejection. Mayor Lozano asked that Council member Baca reiterate the motion so that the action could be clarified. A motion was made by Council member Baca, seconded by Council member Rubio, to reject the supplemental Task Order in the amount of$ 35,600 for the San Gabriel River Bikeway Project. Council member Pacheco voiced objection. ABSENT: ABSTAIN: Mayor Lozano confirmed that the motion failed by a vote of 2 3. A motion was made by Garcia, seconded by approve the supplemental Task Order in the amount of$ 35,600 for the San Gabriel River Bikeway Project. Council member Baca voiced objection. ABSENT: ABSTAIN: Pacheco, and carried ( 3 2) to Council member Baca asserted that she feels very strongly about conduct of other council members on the dais and that she wants to reiterate that she supports the community but does not support awarding contracts that are done without full support of Council. Council member Rubio pointed out that the contract for this project was not competitively solicited but was awarded straight to the consultant, pointing out that, because the contract was for only $ 106,000, Council did not have the opportunity to review and vote on the selection. Council member Pacheco took issue to implications that staff is being blamed for the decisions made in these matters and that council members continue to question the competency of staff. Council member Rubio pointed out that former Director Dan Wall first proposed a different consultant, twice, but that both times the firm that was proposed was rejected. Mayor Pro Tern Garcia asked that each council member make the decision that each individual is most comfortable with and to own that decision; asked that council members, staff and others not be targeted for criticism; suggested that focus be brought back to the betterment of the community. 5. AUTHORIZE APPROVE TRACT MAP NO. 72195 INDIGO PROJECT Staff recommends that Council accept Tract Map No. 72195 and authorize the City Clerk and Staff to sign final tract map. Page 6 of 9
A motion was made by Lozano, seconded by Baca, and carried ( 5 0) to accept Tract Map No. 72195 and authorize the City Clerk and Staff to sign final tract map. ABSENT: ABSTAIN: Lozano, Baca, Garcia, Rubio, Pacheco 6. REQUEST APPROVAL OF PARCEL MAP 1426 LA FITNESS Staff recommends that Council authorize the City Clerk and Staff to sign Final Parcel Map to enable developer to record at Los Angeles County Recorder's Office Council member Baca inquired, based on her recollection, whether there had been a plan to put an outdoor pedestrian trail/ track around the L. A. Fitness complex so that residents could walk the boundaries of the property; also recollected that Council member Rubio had asked about landscaping esthetics, and requested that inquiries be made as to whether the path will be put in and about what trees will be put in. A motion was made by Lozano, seconded by Baca, and carried ( 5 0) to bring this item back at a future Council meeting after staff has provided responses to the questions Council has regarding the project.. Lozano, Baca, Garcia, Rubio, Pacheco ABSENT: ABSTAIN: 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 Final Parcel Map to enable developer to record at Los Angeles County Recorder's Office. Council member Baca expressed concern because parking in the neighborhood has been an issue and she is concerned that it will only get worse while construction is going on; also asked that esthetics be considered when constructing the parking structure. Council member Pacheco asked that property on Bess Avenue from Baldwin Park Boulevard to the 1-10 Freeway be landscaped to improve the area. Mayor Lozano noted that parking permits may be issued in the neighborhood to alleviate the problem, to which Interim Public Works Director informed him that permits have been issued already with two being provided to each residence. A motion was made by Baca, seconded by Pacheco, and carried ( 5 0) to continue this item to the next Regular City Council meeting. Lozano, Baca, Garcia, Rubio, Pacheco ABSENT: ABSTAIN: Page 7 of 9
8. CONDUCT A LETTER IN SUPPORT OF THE H. R. 5936, VETERANS CARE AGREEMENT OF WEST LOS ANGELES LEASING ACT OF 2016 AND THE WEST LA VA CAMPUS DRAFT MASTER PLAN Staff recommends that Council approve and sign a letter of support addressed to the Secretary of Veterans Affairs at the United States Department of Veterans Affairs in support of H. R. 5936, Veterans Care Agreement of West Los Angeles Leasing Act of 2016 and the West Los Angeles VA Draft Campus Master Plan. A motion was made by Lozano, seconded by Baca, and carried ( 5 0) to approve and sign a letter of support addressed to the Secretary of Veterans Affairs at the United States Department of Veterans Affairs in support of H. R. 5936, Veterans Care Agreement of West Los Angeles Leasing Act of 2016 and the West Los Angeles VA Draft Campus Master Plan. PUBLIC HEARING Lozano, Baca, Garcia, Rubio, Pacheco ABSENT: ABSTAIN: NONE REPORTS OF OFFICERS 9. PARLIAMENTARY PROCEDURE RULES TO BE CONSIDERED BY THE CITY COUNCIL Staff recommends that the City Council select form one of the following options: 1) Adopt Robert' s Rules of Order as the official parliamentary procedures for all City Council meetings; 2) Adopt Rosenberg' s Rules of Order as the official parliamentary procedures for all City Council meetings; 3) Direct the City Attorney to look for additional rules or draft a set of rules to use as the official parliamentary procedure rules for the City of Baldwin Park. Mayor Lozano opined that many councils have been conducted using a hybrid of parliamentary procedures' which uses guides similar to but not specifically Robert's Rules of Order. Mayor Lozano made a motion to approve Option No. 3, Direct the City Attorney to Look for Additional Rules or Draft a Set of Rules for the City's use. The motion was seconded by Council member Pacheco, with Council members Baca and Rubio voicing objection. Council member Baca opined that this option is too vague and that something more welldefined needs to be agreed upon; Council member Rubio echoed these sentiments. With that, Mayor Lozano directed the City Treasurer to take a roll call vote. The motion was made by Lozano, seconded by direct the City Attorney to look for additional rules or draft a set of rules to use as the official parliamentary procedure rules for the City of Baldwin Park.. Pacheco, and carried ( 3 2) to Page 8 of 9
ABSENT: ABSTAIN: CITY COUNCIL/ CITY CLERK/ CITY TREASURER/ STAFF REQUESTS & COMMUNICATIONS Mayor Lozano asked that ROEM be notified that residents are parking in front of the Metro building, along Ramona Blvd, which is public parking; directed that ROEM address the issue. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano, seconded by Councilmember Rubio, to adjourn the Regular meeting at 8:47 p. m. D4 Mayoril ATTE : SII Manuel za ayor Alejandr Avila, City Clerk APPROVED: 446)/7 Page 9 of 9