CITY COUNCIL
REGULAR MEETING
Agenda
June 21, 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 that, in the event of a technical issue causing a disruption in the call-in option or internet-based option, the meeting will continue unless otherwise required by law, such as when a Board Member is attending the meeting virtually pursuant to certain provisions of the Brown Act.
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 age nda, or unless certain emergency or special circumstances exist. The legislative body or its staff 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 fu nding or approval that has the potential to either (1) cause a direct physical change 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
Proclamation – Men’s Health Awareness Month, presented to David Diaz, Executive Director of Active SGV.
Certificate of Recognition – T-Ball All -Star Big Blue Team from Baldwin Park National Little League for Winning the All-Star Championship game.
PUBLIC COMMUNICATIONS
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
It is recommended that the City Council ratify the attached Warrants and Demands Register.
2. Treasurer’s Report City (CC) – April 2023
It is recommended that the City Council receive and file the Treasurer’s Report for April 2023.
3. Approval of Annual Statement of Investment Policy for Fiscal Year 2023-24 It is recommended that the City Council receive and file the attached Statement of Investment Policy for Fiscal Year 2023-24.
4. Adopt Resolution No. 2023-020 Setting the Appropriations Limit for Fiscal Year 2023-24 It is recommended that the City Council adopt Resolution No. 2023-020, setting the Appropriations Limit for Fiscal Year 2023-24 at $98,121,548.
5. Meeting Minutes
It is recommended that the City Council approve the following meeting minutes: 1) Meeting Minutes of the Regular City Council held on June 7, 2023; and 2) Meeting Minutes of Special City Council, Regular City Council, Finance Authority Board and Housing Board held on July 20, 2022; and 3) Meeting Minutes of the Special City Council held on July 14, 2022; and 4) Meeting Minutes of Special City Council and Regular City Council held on July 6, 2022
6. Claim Rejections
Staff recommends that the City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimants: Hao Dai The claimant alleges property damage claim.
Juan Gutierrez The claimant alleges bodily injury claim. These government claims, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Council Members refrain from making any statements, whether public or private in nature. I t 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 Council Members.
7. Accept Traffic Signal Battery Back System Improvements, and Authorize the Filing of a Notice of Completion for City Project, CIP 20 -197 Citywide Traffic Signal Battery Back -up Systems (BBS)
It is recommended that the City Council: Accept the construction i mprovements by Yunex LLC (dba Yunex Traffic) and authorize the recordation of a Notice of Completion for City Project No.
CIP 20-197 Citywide Traffic Signal Battery Back-up Systems (BBS); and Authorize the release of retention funds in the amount of $14,62 5.00 to Yunex LLC upon the expiration of 35 -day notice period.
8. A Resolution of the City Council of the City of Baldwin Park Confirming the Advisory Committee’s Report and Levying the Assessment in the Baldwin Park Citywide Business Improvement District for Fiscal Year 2023-24
Staff recommends that the City Council: 1) Approve the FY 2023-24 BIT budget allocation; and 2) Approve Resolution No. 2023-019, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CONFIRMING THE ADVISORY COMMITTEE’S REPORT AND
LEVYING THE ASSESSMENT IN THE BALDWIN PARK CITYWIDE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2023-2024”.
9. Approval of an updated Affordable Homeownership Expansion Program and Project Activities Implemented by the San Gabriel Valley Habitat for Humanity.
Staff recommends that the City Council:1. Approve the updated Affordable Homeownership Expansion Program and Project Activities from funds authorized by the City Council on October 6, 2021; and 2. Authorize the Director of Finance to appropriate funding for this updated Program and Project Activities and make the necessary budget adjustment; and 3. Authorize th e Chief Executive Officer, City Attorney, and Special Legal Counsel (Christensen & Spath, LLP to continue carrying out all subsequent and needed actions to proceed with the Program, including approving real estate purchase transactions, and executing agree ments including forms of Agreements for using American Rescue Act Funds, and Future Development Funds.
10. Approval of Additional Funds to Cover Los Angeles County Plan Check and Review Fees for the San Gabriel River Bikeway Greening Project CIP 20-129 It is recommended that the City Council: Authorize the Director of Finance to appropriate additional funds in the amount of $9,896.36 from Fund 245 - Prop. C to account number 245-50-520-58100- 15093.Authorize the Director of Public Works to process the outstanding payments due to LACDPW for plan check and review services.
11. Approval of Payment to the Southern California Regional Rail Authority (SCRRA/Metrolink) Covering Outstanding Balance Due per the Construction and Maintenance (C&M) Agreement for the Rail Safety Crossing Improvements Project at Pacific Avenue
It is recommended that the City Council authorize payment in the amount of $37,642.00 to SCRRA to cover the remaining balance on the C&M Agreement for construction of railroad improvements on Pacific Avenue between Bogart and Downing Avenue.
PUBLIC HEARING
12. A request for consideration of an amendment to update the City of Baldwin Park Municipal Code relating to State Legislation for Objective Design Standards (ODS) and Senate Bill (SB) 9 Development Standards (Location: City Wide; Case Number AZC 23-01).
It is recommended that the City Council: 1. Conduct a public hearing. 2. Find the proposed project is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to Sections 15358, 15061 (b)(3) of the California State CEQA Guideli nes and California Government Code sections 65852.21(j) and 66411.7(n). 3. Adopt and introduce for first reading, by title only Ordinance 1502 and Ordinance 1503, entitled, “AN ORDIANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AMENDING T HE CITY’S MUNICPAL CODE TITLE XV, LAND USAGE, CHAPTER, 153, ZONING CODE, SECTIONS 153.040.070, 153.070.020, 153.120.350, 153.120.360 AND 153.120.370 RELATING OBJECTIVE DESIGN STANDARDS (ODS) AND SENATE BILL SB (9) DEVELOPMENT STANDARDS”
13. Public Hearing and Adoption of Resolution No. 2023 -022, Ordering the Assessments for the Citywide Park Maintenance Assessment District for FY2023-2024 Staff recommends that the Council hold a Public Hearing and after considering testimony, adopt Resolution No. 2023-022 entitled “A Resolution of The City Council of The City of Baldwin Park, California, Ordering the Annual Levy and Collection of Assessment Associated with the Citywide Park Maintenance Assessment District for FY2023-2024, and Authorizing the Los Angeles County Assessor to Add this Special Assessment to the Property Tax Bills.”
14. Public Hearing and Adoption of Resolution No. 2023 -023, Ordering the Assessments for the Citywide Landscaping and Lighting Maintenance Assessment District for FY2023-2024 Staff recommends that Council hold a Public Hearing, and after considering testimony, adopt Resolution No. 2023-023, entitled “A Resolution of The City Council of The City of Baldwin Park, California, Ordering the Annual Levy and Collection of Assessment Associated with Citywide Landscaping and Lighting Maintenance Assessment District for FY2023-2024, and Authorizing the Los Angeles County Assessor to Add this Special Assessment to the Property Tax Bills.”
15. Public Hearing and Adoption of the Budget for Fiscal Year 2023 -24 for the City, Finance Authority, Municipal Financing Authority, Housing Authority and Successor Agency Staff recommends that Council open a public hearing, and following the public hearing, approve the fiscal year 2023 -24 Budget for: • City of Baldwin Park by Resolution No. 2023 -018, and • Finance Authority by Resolution No. FA 2023 -002, and • Municipal Financing Authority by Resolution No. MFA 2023 -001, and • Housing Authority by Resolution No. HA 2023 -003, and • Successor Agency by Resolution No. 2023-001
REPORTS OF OFFICERS
16. Approval of First Amendment to Amended & Restated Exclusive Franchise Agreement for Provision of Solid Waste Handling Services
It is recommended that the City Council 1. Approve the proposed First Amendment to the Amended & Restated Exclusive Franchise Agreement for Provision of Solid Waste Handling Services (“First Amendment”). 2. Authorize the Mayor and City Clerk to execute the First Amendment.
CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED
COMMUNITY DEVELOPMENT COMMISSION
SA 1. Successor Agency To The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands
It is recommended that the Board ratify the attached Warrants and Demands Register.
SA 2. Treasurer’s Report SA – April 2023
Staff recommends that the Board receive and file the Treasurer’s Report for April 2023.
CITY COUNCIL ACTING AS SUCCESSOR AGENCY - PUBLIC HEARING
SA 3. Public Hearing and Adoption of the Budget for Fiscal Year 2023 -24 for the City, Finance Authority, Municipal Financing Authority, Housing Authority and Successor Agency Staff recommends that Council open a public hearing, and following the public hearing, approve the fiscal year 2023 -24 Budget for: • City of Baldwin Park by Resolution No. 2023 -018, and • Finance Authority by Resolution No. FA 2023 -002, and • Municipal Financing Authority by Resolution No. MFA 2023 -001, and • Housing Authority by Resolution No. HA 2023-003, and • Successor Agency by Resolution No. 2023-001, and
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATION
Councilmember Avila seeks consensus from the Council to direct staff to jointly work with City Attorney to develop and present to the City Council for its consideration a legislative and regulatory framework by which the City could regulate short -term rentals by means of an Ordinance, which includes the application of the City’s 10% Transient Occupancy Tax (TOT). Short-term rentals, also known as Home -Sharing, have become far more common place in recent years. Some cities in Southern California such as Los Angeles, have enacted a local regulatory regime that safeguards existing affordable housing stock and attempts to maintain affordability in the normal housing rental stock.
CEO Zaldivar wants to communicate to the City Council the preparation activities leading up to the 4th of July, with regards to the sale and the safe use of legal fireworks, and seeks any further direction from the City Council.
For purposes of clarifying the City Council Meeting Calendar, with the Fourth of July Legal Holiday in 2023 falling on the Tuesday July 4 before the Wednesday July 5th City Council meeting, it is herein clarified that the City Council Meeting of July 5th will take place as scheduled.
Communicate to City Council that Commissions Packets will be sen t to them for review and a Staff Report will be brought to the July 5, 2023 Regular City Council for appointment.
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.
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)