CITY COUNCIL
REGULAR MEETING
Minutes
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
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 at approximately 7:10p.m. by Mayor Estrada.
INVOCATION
The invocation was provided by Pastor Jackson.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Pastor Jackson.
ROLL CALL
City Clerk Saenz performed roll call:
MEMBERS:
Council member Alejandra Avila (present)
Council member Jean M. Ayala (present)
Council member Daniel Damian (present - Teleconference) Mayor Emmanuel J. Estrada (present)
Mayor Pro Tem Monica Garcia (present - Teleconference)
REPORT FROM CLOSED SESSION
City Attorney Marco A. Martinez announced all members of the Council were present.
Councilmember Damian did not participate in the following Case No. 21STCV07382 and 21STCV34473. Councilmember Ayala did not participate in the following Case No. 2:22-cv-01069-
1 Conference with Legal Counsel – Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:
Case: Kuberry, Hemenway, Findley v. City of Baldwin Park Case No. 21STCV07382
Settlements were finalized December 21, 2022.
Case: Cetina, Huerta, Jimenez, Parra, Real, Valdivia v. Case No. 22STCV14121 City of Baldwin Park
No reportable action.
Case: Mathew Rodriguez v. City of Baldwin Park Case No. 2:22-cv-01069-
No reportable action.
Case: Tuan Le v. City of Baldwin Park Case No. 21STCV34473
Settlement have been finalized.
Case: Rukli, Inc. v. City of Baldwin Park Case No. 22STCV28634
No reportable action.
2. Conference with Real Property Negotiators
Pursuant to California Government Code Section 54956.8:
City Negotiators: Enrique C. Zaldivar, Chief Executive Officer Property Address: 4161 Baldwin Park Blvd., Baldwin Park, CA Negotiating Parties: Kidder Matthews – Eric Knowles Under Negotiation: Price and Terms for Possible Purchase of Property
No reportable action.
Mayor Estrada adjourned Special Meeting at approximately 7:17p.m.
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 COMMUNICATIONS
Mayor Estrada opened Public Communications at approximately 7:25 p.m.
The following spoke during Public Communications:
1. Katherine Looser
2. Bob Cruz
3. Jimmy from Jimmys Bikes
4. Rene Zepeda
5. Rodolpho Cortez
6. Nathanal Soil
7. John Rios
8. Greg Tuttle
9. Abel
10. Julio Ramirez
Mayor Estrada closed public communications at approximately 7:57 p.m..
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
Motion to ratify the attached Warrants and Demands Register.
MOTION: It was moved by Emmanuel Estrada, seconded by Councilmember Avila to adopt Motioned. AYES: Estrada, Avila, Ayala, Damian [4 – 0]. Passes.
2. Treasurer’s Report – November 2022
Motion to receive and file the Treasurer’s Report for November 2022.
MOTION: It was moved by Emmanuel Estrada, seconded by Councilmember Avila to adopt Motioned. AYES: Estrada, Avila, Ayala, Damian [4 – 0]. Passes.
3. Adopt Resolution No. 2023-001 Setting the Appropriations Limit for Fiscal Year 2022-23 Motion to adopt Resolution No. 2023-001 setting the Appropriations Limit for Fiscal Year 2022- 23 at $94,547,647.
MOTION: It was moved by Emmanuel Estrada, seconded by Councilmember Avila to adopt Motioned. AYES: Estrada, Avila, Ayala, Damian [4 – 0]. Passes.
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
Motion to 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).
MOTION: It was moved by Emmanuel Estrada, seconded by Councilmember Avila to adopt Motioned. AYES: Estrada, Avila, Ayala, Damian [4 – 0]. Passes.
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
Motion to approve Amendment Number 1 to the existing agreement with Terra; and Authorize the Mayor to execute the Amendment. Authorize the Director of Finance Director to make the necessary appropriations and budget adjustments.
MOTION: It was moved by Emmanuel Estrada, seconded by Councilmember Avila to adopt Motioned. AYES: Estrada, Avila, Ayala, Damian [4 – 0]. Passes.
6. Claim Rejection
Motion to 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, inverse 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