CITY COUNCIL
REGULAR MEETING
Agenda
September 20, 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 agenda, 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 funding 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
Presentation – Baldwin Park Unified School District Students present an update of their trip to Sacramento.
Proclamation – Childhood Cancer Awareness Month.
Presentation: Certificate recognition to Eliana Ibarra and Rosa Moncada, M.S. from Rio Hondo College Student Life & Leadership department for their commitment to engage with the Students of Rio Hondo College to assist with volunteer opportunities in the community.
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
Staff recommends that the City Council ratify the attached Warrants and Demands Register.
2. Treasurer’s Report City (CC) – July 2023
Staff recommends that Council receive and file the Treasurer’s Report for July 2023.
3. Meeting Minutes
It is recommended that the City Council approve the following meeting minutes: Meeting Minutes of the Regular City Council held on September 6, 2023.
4. Approve Project Plans and Specifications and Authorize Publishing a Notice Inviting Bids for City Project No. CIP 21-198 – Barnes Park Multi-Benefit Infiltration Project Staff recommends that the City Council:
1. Approve the plans and specifications for City Project No. CIP 21-198 – Barnes Park Multi- Benefit Infiltration Project; and,
2. Authorize staff to publish a Notice Inviting Bids.
5. Approval of the California Automated Permit Processing Program Public (CalAPP) Service Grant Agreement with the California Energy Commission (CEC) to Automate the Solar Permitting Process to Promote the Development of Residential Solar and Solar-Plus-Storage Systems
It is Staff’s recommendation that the City Council:
1. Approve the CalAPP Public Service Grant Agreement in the amount of $60,000 with CEC to provide Baldwin Park residents, homeowners, and commercial business owners with a streamlined permitting process for incorporation of solar projects within their homes or businesses as part of a conformance requirement with SB 129; and
2. Authorize the Mayor and City Clerk to execute the CalApp Public Service Grant Agreement.
6. Accept Completed Improvements and Authorize Close -Out of Project Expenditures for Maintenance Work at the Homeless Housing Family Site Project (Serenity Homes) Consisting of Material and Equipment Procurements, and Construction Work It is Staff’s recommendation that the City Council: 1. Approve final expenditures for improvements for contract services from: a. Greg Ruvalo (Contractor) for a total amount of $ 38,314.00 consisting of: i. Installation of a glass sliding door in the amoun t of $2,660.00 ii. Installation of an access platform-and-step system in the amount of $13,080.00. iii. Perform roofing upgrades to an existing building in the amount of $15,280.00. iv. Installation of an entry gate security system in the amount of $7,294.00; and b. Ram Construction and Fencing LLC for the purchase and installation of a glass French door in the amount of $12,250.00; and c. Pedroza Concrete Systems Inc. for the repair and installation of epoxy flooring in the amount of $13,200.00; and d. Con vergeOne for procurement and installation of security cameras in the amount of $18,447.55; and 2. Approve final expenditures for materials procurement and placement for: a. Uline, Inc. for purchase of furniture and tables in the amount of $7,559.25; and 3. Authorize the Director of Finance to make necessary budget adjustments and authorize the Director of Public Works to process invoices including reimbursement request made to SGVRHT for qualified expenses.
7. Approve a Professional Services Agreement (PSA) with RailPros Rail Engineers for Construction Management and Inspection Services for City Project No. CIP 20-31 –Traffic Signal and Rail Crossing Safety Improvements at Pacific Avenue and Bogart Avenue.
Staff recommends that the City Council:
1. Approve the proposal from RailPros in the amount of $ 293,090.85 for construction management and inspection services for City Project No. CIP 20-31; and,
2. Authorize the Director of Finance to drawdown and appropriate $323,400.00 from the Measure M Bond Proceeds Fund No. 660 to Fund No. 255 to cover the cost; and,
3. Authorize the Mayor and City Clerk to execute a Professional Services Agreement (PSA) for Construction Management and Inspection Services for City Project No. CIP 20-31.
8. Adoption of Resolution No. 2023-030 establishing Guidance for The Negotiation of Commercial Cannabis Community Benefit Fees.
It is recommended that the City Council adopt Resolution No. 2023-030, entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
ESTABLISHING GUIDANCE FOR THE NEGOTIATION OF COMMERCIAL
CANNABIS COMMUNITY BENEFIT FEES TO BE INCLUDED IN A RECOMMENDED
COMMERCIAL CANNABIS AGREEMENT (CCA) FOR CANNABIS
MANUFACTURING, CULTIVATION AND DISTRIBUTION OPERATIONS”.
9. Accept and Approve Plans and Specifications and Award of a Construction Contract and a Consultant Agreement for City Project No. CIP 20-129 San Gabriel River Bikeway Greening Project, Ph. II Including Non-Infrastructure Components Staff recommended that the City Council:
1. Accept and Approve Project Plans and Specifications for City Project CIP 20-129; and,
2. Approve and award the construction contract to Grifith Company, of Brea, CA in the amount of $1,929,498.75; and,
3. Approve a Consultant Services Agreement (CSA) with Tripepi Smith and Associates for the non-infrastructure components such as programming and community outreach, in the amount not to exceed of $104,000; and,
4. Authorize the Director of Public Works to negotiate and execute an agreement with the City’s on-call consultants for Construction Management and Inspection Services; and,
5. Authorize the Director of Finance to appropriate Funds from Fund 245 (Proposition C) in the amount of $343,693.23, Fund 256 (SB1) in the amount of $250,000, Fund 270 (Grant Funds -ATP Cycle 3 – Non infrastructure) in the amount of $104,000, and Fund 270, (Grant Funds -RMC Prop 68) in the amount of $993,790.00; and,
6. Authorize the Mayor and City Clerk to execute the construction contract with Grifith Company and (CSA) with Tripepi Smith, for CIP 20 -129 – San Gabriel River Bikeway Greening Project, PH. II. Including non-infrastructure components.
PUBLIC HEARING
10. Public Hearing Regarding Fiscal Year 2022 -23 Consolidated Annual Performance & Evaluation Report (CAPER).
It is recommended that the City Council:
1. Conduct a Public Hearing to hear comments and approve the Final 2022-23 Consolidated Annual Performance & Evaluation Report (CAPER) for federal CDBG and HOME funds; and
2. Authorize the City Manager to transmit this report to the United States Department of Housing and Urban Development (HUD) by the deadline of September 28, 2023.
REPORTS OF OFFICERS
11. Approval of Employment Agreement with Albert Trinh for the position of Accounting Manager
It is recommended that the City Council approve the Agreement with Albert Trinh for the position of Accounting Manager (subject to any non-substantive changes made by Chief Executive Officer and the City Attorney) and direct the Mayor and City Clerk to execute it.
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
Staff recommends that the Board ratify the attached Warrants and Demands Register.
SA 2. Treasurer’s Report SA – July 2023
Staff recommends that the Board receive and file the Treasurer’s Report for July 2023.
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATION
Mayor Estrada seeks consensus from Council to
• Direct staff to look into replacing existing fixed trash receptacles with solar powered trash compacting receptacles withing the public right-of-way.
Mayor Pro Tem Garcia seeks consensus from Council to:
• Discuss the consideration and development of local hire policies for city funded projects, to benefit Baldwin Park residents.
• Discussion on the purpose of local elected bodies and members of the City Council, as well as roles of each member of the Council as defined by the City’s Municipal Code.
Councilmember Damian seeks consensus from Council to:
• Direct staff to review the adequacy of the City’s garage/yard sales regulations (Section 119.02 of the BPMC) in terms of its currently allowable frequency once per quarter, on the first weekend of March, June, September, and December.
Mayor Estrada, CEO Zaldivar, and Community Services Supervisor Yuriko Ruizesparza herein report:
• Update about their City business travel to the California Contract Cities Association Fall Educational Summit on September 8 thru September 10, 2023 in the City of San Diego. Mayor Estrada was a Panelist with the LA County Supervisor Lindsey Horvath on Hom elessness.
Other educational workshops included Affordable Housing, Proposed Legislative Actions, and Municipal Funding options using Federal Funds.
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)