CITY COUNCIL BALDWIN
Mayor Emmanuel J. Estrada
HUB OF
REGULAR MEETING THE Mayor Pro Tem Monica Garcia
Councilmember Alejandra Avila
Minutes SAN GABRIEL Councilmember Jean M. Ayala
VALLEY
Councilmember Daniel Damian
August 02, 2023, 7:00 PM
These minutes are presented in Agenda order.
CALL TO ORDER
The Meeting was called to order at approximately 7:10 p.m. by Mayor Estrada
INVOCATION
The invocation was led by Pastor Jackson.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Estrada.
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 at 6:10 p.m.)
Mayor Pro Tem Monica Garcia (present)
Mayor Emmanuel J. Estrada (present)
REPORT FROM CLOSED SESSION
City Attorney Marco Martinez announced the City Council met in Closed Session on various items listed on the Special Meeting Agenda.
1 and 3 - No Reportable Action
Rulki, Tier One K8 (no litigation) - No Reportable Action Lucy Valencia - 3-0 the council voted to settle with no payment.
Repayment plan, wavier of rights - appeal
Conference With Legal Counsel-Anticipated Litigation
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9:
One Potential Case - Property/Construction Issues at 14402 Pacific Avenue, Baldwin Pai No Reportable Action
2. Conference with Legal Counsel - Existing Litigation
Pursuant to paragraph (I) of subdivision (d) of Government Code Section 54956 Case: Rukli, Inc vs. City of Baldwin Park Case No. 22STCV28634 No Reportable Action
City Council Regular Meeting Minutes - 08-02-2023
Case: DJCBP Corporation dba Tier One Case No. 2:23-cv-00384 Consulting and David Ju
No Reportable Action
Case: Lucy Valencia Case No. 23STCP01532
vs. City of Baldwin Park Housing Authority
Only 3 members participated and there is a reportable action with a Motion by Mayor Estrada and seconded by Council Member Avila with a vote of 3-0 to authorize a settlement that would provide no payment of fees that would impose a repayment plan against the plaintiff, also included a wavier of rights to certain appeals forums.
3. Conference With Real Property Negotiator
Pursuant to California Government Code, Section 54956.8 Property Address: 14402 Pacific Avenue
Agency Negotiator: Enrique C. Zaldivar, Chief Executive Officer Negotiating Parties: Asher Family: Erik Friess
Under Negotiation: Price and Terms of Payment for Purchase of Property No Reportable Action
Liability Claim pursuant to California Government Code Section 54956.95 Claimant: K8 Investor Holdings Date of Claim: October 19, 2022 Agency: City of Baldwin Park
Claim is now a lawsuit. Case No. 2:23-CV-02428-SVW(PVCx) No Reportable Action
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
Mayor Estrada and the City Council recognized Public Works Employees for 20+ years of service.
The Mayor swore in the new officers of the Baldwin Park Police Department Mayor Estrada presented Project Hope CA with a plaque for their 5'' Anniversary Celebration.
Mayor Estrada introduced and welcomed new employees, Nicholas Baldwin, City Planner and Jessica Ayala, Community Enhancement Officer.
Mayor Estrada presented a proclamation to Julio Santoyo Hernandez for his Contributions and Cultural Diversity in Baldwin Park.
PUBLIC COMMUNICATIONS
Mayor Estrada opened Public Communications at approximately 8:26 p.m.
The following spoke:
1) Wen Wen Zhang
Seeing no public speakers, Mayor closed Public Communication.
City Council Regular Meeting Minutes - 08-02-2023
CONSENT CALENDAR
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 Daniel Damian to adopt Motion Passed [5 - 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA ESTRADA Meeting Minutes
Motion to approve the following meeting minutes: Meeting Minutes of the Finance Authority Board, Housing Authority Board, Special City Council and Regular City Council Meetings on July 19, 2023.
MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 - O]. AYES: AVILA, AYALA, DAMIAN, GARCIA ESTRADI
3. Approval of Funds Appropriation to Cover Construction Change Orders for the Foster Drainage Improvements Project - CIP 21-190
Motion to: 1) Authorize the additional work and payment for VCWD in the amount of $33,711.30 for the relocation of existing water main and shut off valve; and, 2) Authorize the Director of Public Works to negotiate and execute construction change orders for unforeseen conditions during construction in the amount of $208,274.28 (Attachment I); and, 3) Authorize the Director of Finance to appropriate $50,000 from Fund 255 to Account No. 255-50-520-58100-15105 and $60,000 from Fund 258 to Account No. 258-50-520-58100-15105 and to make the necessary budget adjustments.
MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 - 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA ESTRADA
4. Second Reading of Ordinance No. 1504 Adding Section 93.13 to Chapter 93, Title IX of the Baldwin Park Municipal Code relating to Administrative Fines for the Discharge or Possession of Illegal Fireworks
Motion adopt and approve the attached Ordinance No. 1504 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADDING SECTION 93.13 TO CHAPTER 93, TITLE IX OF THE BALDWIN PARK MUNICIPAL CODE RELATING
TO ADMINISTRATIVE FINES FOR THE DISCHARGE OR POSSESSION OF ILLEGAL
FIREWORKS
MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 - 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA ESTRADA
5. Authorization to Award Agreement to Infrastructure Engineers for Design Services for the Morgan Park Restrooms Improvements Project
City Council Regular Meeting Minutes - 08-02-2023
Motion to: 1) Authorize to award of Agreement to Infrastructure Engineers for the design for the Morgan Park Restrooms Improvements Project in the amount of $39,440; and 2) Authorize Director of Recreation & Community Services to execute Agreement and any other associated documents needed for the project; and3) Authorize the Director of Finance to appropriate funds, create a new Capital Improvement Project # (CIP 24-001-55027), new account & project # (275- 60-706-58100-55027) to record the cost for the Morgan Park Restrooms Improvements Project and make necessary adjustments to the budget.
Item No. 5 was pulled for further discussion.
MOTION: It was moved by Daniel Damian, seconded by Alejandra Avila to adopt Motion Passed [5 - 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA ESTRADA Adopt Resolution No. 2023-026 Entitled "A Resolution of The City Council of The City of Baldwin Park Authorizing Staff to Apply for The Express Lanes Net Toll Revenue Reinvestment Grant Through the Los Angeles County Metropolitan Transportation Authority (LACMTA)"
Motion to adopt Resolution No. 2023-026 entitled, "A Resolution of The City Council of The City of Baldwin Park Authorizing Staff to Apply for The Express Lanes Net Toll Revenue Reinvestment Grant Through the Los Angeles County Metropolitan Transportation Authority (LACMTA)."
MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed |5 - 0J. AYES: AVILA, AYALA, DAMIAN, GARCIA ESTRADA
7. Second Reading of Ordinance No. 1505 of the City Council of the City of Baldwin Park, California, Amending Title XV of The Municipal Code by Adding Chapter 157 Titled "Permit Process for Electric Vehicle Charging and Hydrogen-Fueling Stations." Motion to approve and adopt Ordinance No. 1505 entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING TITLE XV OF THE MUNICIPAL CODE BY ADDING CHAPTER 157 TITLED "PERMIT PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS AND HYDROGEN-FUELING STATIONS." MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 - 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA ESTRADA Second Reading of Ordinance No. 1506 of the City Council of the City of Baldwin Park, California, Amending Chapter 153 of Title XV of the Baldwin Park Municipal Code to add a Housing Element Re-Use Site Overlay Zone to Comply with State Housing Element Law and Associated Amendments to the Zoning Code (AZC No. 23-02, Z No. 23-02) Adding Chapter 153.112 (Housing Element Re-Use Site Overlay Zone) and Modifying Chapter 153.030 and the Zoning Map
Motion to approve and adopt Ordinance No. 1506 entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 153 OF TITLE XV OF THE BALDWIN PARK MUNICIPAL CODE TO ADD A HOUSING
ELEMENT RE-USE SITE OVERLAY ZONE TO COMPLY WITH STATE HOUSING ELEMENT LAW AND ASSOCIATED AMENDMENTS TO THE ZONING CODE (AZC NO.
City Council Regular Meeting Minutes - 08-02-2023
23-02, Z NO. 23-02) ADDING CHAPTER 153.112 (HOUSING ELEMENT RE-USE SITE OVERLAY ZONE) AND MODIFYING CHAPTER 153.030 AND THE ZONING MAP".
9. Accept Improvements Performed by Spectrum Business and Authorize Close-out of City Project No. CIP 22-005 for the Ethernet Private Local Area Network (EP-LAN) and High- Capacity Bandwidth Connectivity Services
lotion to: 1. Accept the network improvements performed by Spectrum Enterprise for business rade high-capacity internet bandwidth services, The one-time charge includes Monthl Recurring Charges (MRC), Taxes, Fees, and Surcharges, (3) year term including three (3) months of free service and additional charges due to tax rate increase and prorate charges; and, 2.
Authorize the Director of Finance to appropriate $3,905.03 from the American Rescue Plan Act (ARPA) Fund 275, broadband category, and to make the necessary budget adjustments; and, 3.
Approve first and final payment in the amount of $132,064.83 to Spectrum Business and authorize the Finance Director to process payment.
MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 - 0]. AY AYES: AVILA, AYALA, DAMIAN, GARCIA ESTRADA
10. Approval of a Letter of Support for Lamar Central Outdoor, LLC for the construction of a previously approved advertising LED digital billboard located at 1529 Virgina Avenue.
Staff recommends that the City Council: 1. Approve the letter of support.2. Authorize the Mayor to sign the letter of support.
MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 - 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA ESTRADA
PUBLIC HEARING
11. A request to the City Council from the Planning Commission to consider a General Plan Amendment land use designation from Single Family to Park Space and a Zone Change from Single Family to Open Space to expand an existing public park (Barnes Park) to facilitate public improvements. (Location: 3301 Patritti Avenue; Assessor's Parcel Number: 8550-004-001; Applicant: City of Baldwin Park; Case Numbers: AGP-23-01 and Z 23-01)
Motion to : 1. Find the proposed project is exempt from environmental review under the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.) ("CEQA") and the State CEQA Guidelines (Cal. Code Regs, tit. 14, §§ 15000 et seq.) Specifically, the project is categorically exempt from CEQA under Guidelines Section 15304 (Minor Alterations to Land).
2. Adopt Resolution 2023-027 "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL: (1)
ADOPT THE FINDING OF FACT AND APPROVE THE GENERAL PLAN AMENDMENT AND ADOPT THE FINDINGS OF FACT (LOCATION: 3301 PATRITTI AVENUE; ASSESSOR'S PARCEL NUMBER: 8550-004-001; APPLICANT: CITY OF BALDWIN City Council Regular Meeting Minutes - 08-02-2023
PARK; CASE NUMBER: AGP- 23-01) 3. Adopt and introduce for first reading, by title only Ordinance 1507, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA AMENDING THE CITY'S ZONING MAP LAND USE
DESIGNATION FROM SINGLE FAMILY TO OPEN SPACE TO FACILITATE THE EXPANSION OF BARNES PARK (LOCATION: 3301 PATRITTI AVENUE; ASSESSOR'S PARCEL NUMBER: 8550-004-001; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: AGP- 23-01 AND Z 23-01)
Mayor Estrada opened Public Hearing at approximately 8:35 p.m., seeing no one wishing to speak Public Hearing was closed.
MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 - 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA ESTRADA
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATION
Mayor Estrada and the City Council provided communications.
Chief Executive Officer, Enrique C. Zaldivar, announced that the Stakeholders Oversight Committee (SOC) will have their inaugural meeting on Tuesday, August 8, 2023 at 5:00 p.m. at the Council Chambers. Council Members Alejandra Avila and Dainel Damian are serving as the Council Liaisons.
ADJOURNMENT
Motion to adjourn was made by Mayor Estrada at approximately 8:46 p.m.
ATTEST: Emmanuel J Estrada, Mayor
Christopher Saenz, City Clerk
APPROVED: August 16, 2023
City Council Regular Meeting Minutes - 08-02-2023