CITY COUNCIL 44Atk.
Mayor Emmanuel J. EstradaHUBOF fit,
REGULAR MEETING THE `, 73 Mayor Pro Tem Monica Garcia I; 1 Councilmember Alejandra Avila
Minutes 2,,
SAN GABRIEL ;
Councilmember Jean M. Ayala
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June 21, 2023, 7: 00 PM
Councilmember Daniel Damian
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Theseminutes are presented in Agenda order.
CALL TO ORDER
The meeting was called to order at approximately 7:07 p.m. by Mayor Estrada.
INVOCATION
The invocation was led by Pastor Jackson and Pastor Flores.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Estrada.
ROLL CALL
City Clerk Saenz performed roll call:
MEMBERS:
Council MemberAlejandra Avila( present)
Council Member Jean M. Ayala ( present)
Council Member Daniel Damian ( excused)
Mayro Pro Tem Monica Garcia( present)
Mayor Emmanuel J. Estrada( present)
MOTION: It was moved by Mayor Estrada, seconded by Councilmember Avila to excuse Councilmember Damian. PASSED. AYES: Estrada, Avila, Ayala, Garcia. [ 4- 0].
REPORT FROM CLOSED SESSION
City Attorney Martinez announcedall City Council memberswerepresentexceptCouncil Member Damian.
The Council took actions on the items below and there is no reportable actions for the others items on the agenda.
Case: Southern California Edison Case No. 20STCV28425
v. Yakar, et al ( LA Superior Court)
Action: The City Council by a vote of 4-0 ruled on a settlement agreement by a waiver and all Partiesof apaymentof$ 490,000 to SouthernCalifornia Edisonpaid by the contractors.
The City is only agreeing to this settlement agreement and not contributing any fees.
Case: Hamlin v. City of Baldwin Park Case No. 238TCP00982 Action: The City Council by a vote of 4-0 ruled on a settlement by a waiver of claim to provide Hamlin with the requested documents. The City will not be contributing any fees.
Motion to adjourn was made by Mayor Estrada, second by Councilmember Avila at approximately 7: 14 p.m.
Regular City Council Meeting— 06/ 21/ 2023
ANNOUNCEMENTS
The City Council arealso membersof the Board of Directors of the Housing Authority, andFinance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid anadditional stipendof$ 30 for attendingthe HousingAuthority meetingand$50 for attending the Finance Authority meeting.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
Mayor Estrada proclaimed June 18-19 as Men' s Health Awareness Month, presented to David Diaz, Executive Director of Active SGV.
Mayor Estrada recognized — T-Ball All- Star Big Blue Team from Baldwin Park National Little League for Winning the All- Star Championship game.
PUBLIC COMMUNICATIONS
Mayor Estrada opened Public Communications at approximately 7:31 p.m. 1) Battalion Chief Noble Robinson, LA Co Fire Dept 2) Erick Ortiz 3) Katherine Loeser and Wen Wen Zhang 4) Tony Mojica
5) Santiago Sanchez 6) Blanca Ramirez
7) Abel 8) Manuel Prado
9) Beatriz Sanchez 10) Beatriz Sandoval
11) John Rios
Mayor Estrada closed Public Communications at approximately 8:13 p.m.
CONSENT CALENDAR
1. City of Baldwin Park' s Warrants and Demands
Motion to ratify the attached Warrants and Demands Register.
MOTION: It was moved by Emmanuel Estrada, seconded by Monica Garcia to adopt Motion [ 4 — 0].
PASSED. AYES: ESTRADA, GARCIA, AVILA, AYALA.
2 Treasurer' s Report City ( CC)— April 2023
Motion to receive and file the Treasurer' s Report for April 2023.
MOTION: It was moved by Emmanuel Estrada, seconded by Monica Garcia to adopt Motion [ 4 — 0].
PASSED. AYES: ESTRADA, GARCIA, AVILA, AYALA.
3. Approval of Annual Statement of Investment Policy for Fiscal Year 2023-24 Motion to receive and file the attached Statement of Investment Policy for Fiscal Year 2023- 24.
MOTION: It was moved by Emmanuel Estrada, seconded by Monica Garcia to adopt Motion [ 4— 0].
PASSED. AYES: ESTRADA, GARCIA, AVILA, AYALA.
4. Adopt Resolution No. 2023- 020 Setting the Appropriations Limit for Fiscal Year 2023-24 Motion to adopt Resolution No. 2023- 020, setting the Appropriations Limit for Fiscal Year 2023- 24 at$ 98, 121, 548.
MOTION: It was moved by Emmanuel Estrada, seconded by Monica Garcia to adopt Motion [ 4 — 0].
PASSED. AYES: ESTRADA, GARCIA, AVILA, AYALA.
Regular City Council Meeting— 06/ 21/ 2023
5. Meeting Minutes
Motion to approve the following meeting minutes: 1) Meeting Minutes of the Regular City Council held on June 7, 2023; and 2) Meeting Minutes of SpecialCity Council, Regular City Council, Finance Authority Board and Housing Board held on July 20, 2022; and 3) Meeting Minutes of the SpecialCity Council held on July 14, 2022; and 4) Meeting Minutes of Special City Council and Regular City Council held on July 6, 2022 MOTION: It was moved by Emmanuel Estrada, seconded by Monica Garcia to adopt Motion [ 4 — 0].
PASSED. AYES: ESTRADA, GARCIA, AVILA, AYALA.
6. 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)
Motion to: Accept the construction improvements 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$ 14,625.00 to Yunex LLC upon the expiration of 35-day notice period.
MOTION: It was moved by Emmanuel Estrada, seconded by Monica Garcia to adopt Motion [ 4 — 0].
PASSED. AYES: ESTRADA, GARCIA, AVILA, AYALA.
7. Claim Rejections
Motion to 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 allegesbodily injury claim. Thesegovernment claims, and all governmentclaims, 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.
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 Council Members.
MOTION: It was moved by Emmanuel Estrada, seconded by Monica Garcia to adopt Motion [ 4— 0].
PASSED. AYES: ESTRADA, GARCIA, AVILA, AYALA.
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
Motion to: 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".
Item # 8 was pulled for separate consideration.
MOTION: It was moved by Emmanuel Estrada, seconded by Jean M Ayala to adopt Motion 4— 0]. PASSED. AYES: ESTRADA, AVILA, AYALA, GARCIA.
Regular City Council Meeting— 06/21/2023
9. Approval of an updated Affordable Homeownership Expansion Program and Project Activities Implemented by the San Gabriel Valley Habitat for Humanity.
Motion to table:
1. Approve the updated Affordable Homeownership Expansion Program and Project Activities from funds authorizedby the City Council on October6, 2021; and
2. Authorize the Director of Finance to appropriate funding for this updated Program and Project Activities andmakethe necessarybudgetadjustment; and
3. Authorize theChief ExecutiveOfficer, City Attorney, andSpecialLegal Counsel(Christensen Spath, LLP to continue carrying out all subsequentand neededactions to proceedwith the Program, including approving real estate purchase transactions, and executing agreements including forms of Agreementsfor usingAmerican RescueAct Funds, andFutureDevelopment Funds.
Item # 9 was pulled for separate consideration.
MOTION TABLED: It wasmovedby Monica Garcia, secondedby Alejandra Avila to table. PASSED 3 — 0]. AYES: GARCIA, AVILA, AYALA ABSTAIN: ESTRADA
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 Motion to: Authorize the Director of Finance to appropriate additional funds in the amount of 9, 896. 36 from Fund 245 - Prop. C to accountnumber245-50-520-58100-15093.Authorize the Director of Public Works to processthe outstandingpaymentsdueto LACDPW for plan check and review services.
MOTION: It was moved by Emmanuel Estrada, seconded by Monica Garcia to adopt Motion [ 4 — 0].
PASSED. AYES: ESTRADA, GARCIA, AVILA, AYALA.
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
Motion to 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.
MOTION: It was moved by Emmanuel Estrada, seconded by Monica Garcia to adopt Motion [ 4— 0].
PASSED. AYES: ESTRADA, GARCIA, AVILA, AYALA.
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 SenateBill SB) 9 Development Standards (Location: City Wide; CaseNumber AZC 23-01).
It is recommendedthat theCity Council: 1.Conductapublic hearing.2. Find theproposedproject is exempt from further review under th0 California Environmental Quality Act( CEQA) pursuant to Sections 15358, 15061 ( b)( 3) of the California State CEQA Guidelines and California GovernmentCodesections65852.21(j) and66411.7(n). 3. Adopt and introducefor 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 THE CITY' S MUNICPAL CODE TITLE XV, LAND USAGE, CHAPTER, 153, ZONING CODE, Regular City Council Meeting— 06/ 21/ 2023
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"
Mayor Estrada opened the Public Hearing and Communications at approximately 8:28p.m.
Seeingno commentsMayor Estradaclosedthe Public HearingandCommunications.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion [ 4— 0].
PASSED. AYES: ESTRADA, AVILA, AYALA, GARCIA.
13. Public Hearing and Adoption of Resolution No. 2023-022,Ordering the Assessmentsfor 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 MaintenanceAssessmentDistrict for FY2023-2024, and Authorizing the Los Angeles County Assessor to Add this Special Assessment to the Property Tax Bills." Mayor Estradaopenedthe Public Hearing andCommunicationsat approximately8:29 p.m.
Seeingno commentsMayor Estradaclosedthe Public HearingandCommunications MOTION: It was moved by Emmanuel Estrada, seconded by Monica Garcia to adopt Motion [ 4— 0].
PASSED. AYES: ESTRADA, GARCIA, AVILA, AYALA.
14. Public Hearing and Adoption of Resolution No. 2023-023,Ordering the Assessmentsfor the Citywide Landscaping and Lighting Maintenance AssessmentDistrict for FY2023-2024 Staffrecommendsthat Councilhold a PublicHearing, andafterconsideringtestimony, 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 AssessmentAssociated with Citywide Landscapingand Lighting MaintenanceAssessmentDistrict for FY2023-2024, and Authorizing the Los Angeles County Assessorto Add this SpecialAssessmentto the Property Tax Bills."
Mayor Estradaopenedthe Public HearingandCommunicationsat approximately 8:29 p.m.
Seeingno commentsMayor Estradaclosedthe Public HearingandCommunications MOTION: It was moved by Emmanuel Estrada, seconded by Monica Garcia to adopt Motion [ 4— 0].
PASSED. AYES: ESTRADA, GARCIA, AVILA, AYALA.
15. Public Hearing and Adoption of the Budget for Fiscal Year 2023-24 for the City, Finance Authority, Municipal Financing Authority, Housing Authority and SuccessorAgency Staff recommendsthat Council opena public hearing, andfollowing 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.
Mayor Estradaopenedthe Public Hearingand Communicationsat approximately8:30p.m.
Seeingno commentsMayor Estradaclosedthe Public HearingandCommunications MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion [ 4— 0]. PASSED. AYES: ESTRADA, AVILA, AYALA, GARCIA.
Regular City Council Meeting— 06/21/2023
REPORTS OF OFFICERS
16. Approval of First Amendment to Amended & Restated Exclusive Franchise Agreement for Provision of Solid Waste Handling Services
It is recommendedthat the City Council 1. Approve the proposedFirst 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.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion [ 4— 0].
PASSED. AYES: ESTRADA, AVILA, AYALA, GARCIA.
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 recommendedthat the Boardratify the attachedWarrantsandDemandsRegister.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion [ 4— 0].
PASSED. AYES: ESTRADA, AVILA, AYALA, GARCIA.
SA 2. Treasurer' s Report SA— April 2023
Staff recommends that the Board receive and file the Treasurer' s Report for April 2023.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion [ 4— 0].
PASSED. AYES: ESTRADA, AVILA, AYALA, GARCIA.
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 SuccessorAgency Staff recommendsthat Council opena public hearing, andfollowing thepublic 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.
Chair Estrada opened the Public Hearing and Communications at approximately 8:52 p.m.
Seeing no comments Chair Estrada closed the Public Hearing and Communications.
MOTION: It was moved by Emmanuel Estrada, seconded by Monica Garcia to adopt Motion [ 4— 0].
PASSED. AYES: ESTRADA, GARCIA, AVILA, AYALA.
CITY COUNCIL/ CITY CLERK/ CITY TREASURER/ STAFF REQUESTS &
COMMUNICATION
CouncilmemberAvila, CEO EnriqueC. Zaldivar, Mayor EstradaandMayor Pro Tem Garciaprovided communications.
Regular City Council Meeting— 06/ 21/ 2023
ADJOURNMENT
MotiontoadjournwasmadebyMayorEstrada, secondbyCouncilmemberAvilaatapproximately9:14p.m.
ATTEST: Emmanu I E rada, Mayor
ChristopherSaenz, City Clerk
APPROVED: July 5, 2023
Regular City Council Meeting— 06/21/2023