CITY COUNCIL
REGULAR MEETING
Agenda
January 18, 2023, 7:00 PM
Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Emmanuel J. Estrada
Monica Garcia
Alejandra Avila
Jean M. Ayala
Daniel Damian
Welcome to your City Council Meeting
We welcome your interest and involvement in the City’s legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city’s website and in the Office of the City Clerk.
Please Note: Electronic devices are to be turned off while meetings are in session.
How to watch
The City of Baldwin Park provides two ways to watch a City Council meeting:
In Person
Most City Council meetings take
place at City Hall, 14403 E. Pacific
Ave., Baldwin Park, CA 91706
Online
Audio streaming will be available at
https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10
Reasonable Accommodations
Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Clerk’s Office at (626) 960-4011.
Public Comments
The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. Speaker cards are available at the podium and by request with the City Clerk.
Public Communication
There is a three-minute speaking time limit. This is the time set aside to address the City Council. Please notify the City Clerk if you require the services of an interpreter. No Action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its sta ff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to [email protected].
Notice Regarding California Environmental Quality Act (CEQA) Determinations Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical c hange in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered "projects" under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a "project" under CEQA.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT FROM CLOSED SESSION
ANNOUNCEMENTS
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.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
Grant Presentation – Affordable Housing and Sustainable Communities Program – Presented by Ron Garcia Director of Community Development, and Cesar Toledo Cesar Chavez Foundation
PUBLIC COMMENTS
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.
1. City of Baldwin Park’s Warrants and Demands
Staff recommends that the City Council ratify the attached Warrants and Demands Register.
2. Treasurer’s Report – November 2022
Staff recommends that Council receive and file the Treasurer’s Report for November 2022.
3. Adopt Resolution No. 2023-001 Setting the Appropriations Limit for Fiscal Year 2022-23 Adopt Resolution No. 2023 -001 setting the Appropriations Limit for Fiscal Year 2022 -23 at $94,547,647.
4. Adoption of Resolution No. 2023 -002 to Continue Conducting City Council/Commission/Board Meetings Remotely in Accordance with the Brown Act Executive Order and AB 361
Staff recommends that the City Council adopt Resolution No. 2023 -002 to continue conducting City Council/Commission/Board Meetings remotely in accordance with the Brown Act executive orders and AB 361 (covering meetings for the month of February 2023 and retroactively the time period from December 17, 2022 through January 18, 2023).
5. Approval of Amendment Number 1 to the Consultant Services Agreement with Terra Realty Advisors Inc. to provide various real estate services related to outdoor advertising billboard signs
It is recommended that the City Council1. Approve Amendment Number 1 to the existing agreement with Terra; and 2. Authorize the Mayor to execute the Amendment. 3. Authorize the Director of Finance Director to make the necessary appropriations and budget adjustments.
6. Claim Rejection
Staff recommends that City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s):Re: K8 Investor Holdings, LLC (“Claimant”) -On October 20, 2022, Claimant presented a claim for, among other things, i nverse condemnation; intentional interference with contractual and prospective and economic relationship; fraud (“Tort Claim”). This Tort Claim is untimely. The Development Agreement with Kultiv8 Group, LLC (predecessor owner of Claimant) was approved on May 2, 2018 by the City Council; therefore, the Tort Claims should have been presented on or about November 2, 2018. Staff recommends that this Tort Claim be rejected, as untimely, with the Notice of Rejection set forth below. Re DJCBP Corporation dba Tier One Consulting and David Ju (“Claimants”)-On October 26, 2022-Claimants presented a claim for what appears to be: Civil RICO; Fraud; Negligence; Conversion; Rescission; Declaratory Relief; Unfair Business Practices; Financial Elder Abuse (“Tort Claims”; se e letter from David Torres -Siegrist, Esq., dated September 22, 2022). This Tort Claim is untimely. The Development Agreement with Claimants was approved on April 3, 2019 by the City Council; therefore, the Tort Claims should have been presented on or about October 3, 2019. Staff recommends that this Tort Claim be rejected, as untimely, with the Notice of Rejection set forth below. This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requeste d that all City Staff, the Mayor and all Councilmembers refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Councilmembers.
PUBLIC HEARING
REPORTS OF OFFICERS
CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED
COMMUNITY DEVELOPMENT COMMISSION
SA 1. Treasurer’s Report SA – November 2022
Staff recommends that the Board receive and file the Treasurer’s Report for November 2022.
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATION
Request by Council Member Monica Garcia
• Council Member Garcia requests a report back from City Staff on the Status of the Property formerly known as “Olive Square Market” which is located at the corner of Olive/Maine Avenue. – Chief Lopez to provide Briefing on Public Safety and Ron Garcia report back on Land use planning at Olive & Maine Location.
Request by Chief Executive Officer Enrique C. Zaldivar
• Update City Council on Toilet & Shower Head Replacement Program that was presented to them at the December 21, 2022 Council Meeting.
ADJOURNMENT
CERTIFICATION
I, Christopher Saenz, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 12th day of January 2023.
Christopher Saenz
City Clerk
For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at [email protected]. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II)