CITY COUNCIL
REGULAR MEETING
Agenda
December 06, 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
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
Presentation – Certificate of Recognition for the Administration Department Employees 20+ years of service
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. Annual Comprehensive Financial Report (ACFR) For Fiscal Year 2021-22 It is recommended that the City Council receive and file the City of Baldwin Park’s ACFR for the fiscal year ended June 30, 2022.
3. Meeting Minutes
It is recommended that the City Council approve the following meeting minutes of the Finance Authority Board Meeting, Housing Authority Board Meeting Special City Council and Regular City Council Meetings held on November 15, 2023.
4. Implement and Update Written Policies and Procedures for Accounting and Financial Reporting
Staff recommends that the City Council review and approve the following accounting and financial reporting policies and procedures as follows:
1. Federal Awards Management Policy
2. Monthly and Annual Closing Policy and Procedures
3. GASB 87 – Lease Policy and Procedures
4. GASB 96 – Subscription-Based Information Technology Policies and Procedures
5. Approve Appropriation of Additional Funds Within the Public Works Fleet Division Operations Budget for Replacement of Compressed Natural Gas (CNG) Tanks for Three Maintenance Work Utility Trucks.
It is recommended that the City Council:
1. Approve appropriation of additional funds in the amount not -to-exceed $20,000 for Professional Services within Public Works Fleet Maintenance Division of FY23-24; and,
2. Authorize the Director of Finance to make the necessary appropriation, budget adjustments.
6. Accept Grant Award from Foothill Transit for the Bus Stop Enhancement Program (BSEP)
Staff recommends that the City Council:
1. Approve to accept Foothill Transit’s Bus Stop Enhancement Program’s (BSEP) Grant in the amount of $40,000; and
2. Authorize the Mayor to execute the Agreement with Foothill Transit; and
3. Authorize the Director of Public Works to finalize all associated documents with the grant; and
4. Authorize the Director of Finance to appropriate grant funds and make necessary changes to the budget.
7. Request Appropriation of Funds for Utilities at Ezperanza Villa and Serenity Homes It is recommended that the City Council to:
1. Authorize the Director of Finance to appropriate $50,600 from the ARPA funds allocated to the Senior Trips and Events Reimbursement Program to fund utilities for Esperanza Villa and Serenity Homes and make necessary budget adjustments; and
2. Authorize the Director of Finance to appropriate $22,500 from the ARPA funds allocated to the Senior Trips and Events Reimbursement Program to fund utilities for Serenity Homes and make necessary budget adjustments if PLHA funds are not approved.
8. Approve and Adopt Resolution No. 2023-043 of the City of Baldwin Park adopting an inventory report of excess, exempt, and non-exempt surplus land pursuant to government code section 50569.
It is recommended that the City Council:
1. Accept the Inventory Report of excess, exempt and non-exempt surplus lands, pursuant to Government Code 54221,
2. Adopt Resolution No. 2023 -043 entitled, “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK ADOPTING AN INVENTORY REPORT OF THE CITY’S SURPLUS AND EXCESS LAND, PURSUANT TO GOVERNMENT CODE SECTION 54230”; and
3. Authorize staff to submit a report to the California State Department of Housing and Community Development pursuant to Government Code 54230(a)(1).
CEQA REVIEW: The actions contemplated by this report do not constitute a project within the meaning of section 15378 of the State of California Environmental Quality act (“CEQA”) guidelines, because they have no potential for resulting in physical change in the environment, directly or indirectly. The actions do not authorize any specific development or installation on any specific piece of property within the city’s boundaries. Moreover, when and if a development application is submitted, the city will at that time conduct a preliminary review of the application in accordance with CEQA. Alternatively, even if the above- described actions are a “project” within the meaning of State CEQA Guidelines Section 15378, such actions would be exempt from CEQA review under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. ( State CEQA Guidelines, Section 15061(b)(3).)
9. Consideration of the Nomination to Name Maine Avenue Mini Park It is recommended that the City Council consider the nomination to name Maine Avenue Mini Park or provide alternative direction.
10. Funding Assistance For the Baldwin Park Eastside Little League Youth Organization- To Reopen Following Temporary Closure Due to Covid-19 Impacts It is recommended that the City Council:
1. Find that it is in the City’s best interest to provide financial support to the Baldwin Park Eastside Little League to resume operations and provide valuable youth sports services to our community.
2. Authorize the Director of Finance to appropriate $13,000 from anticipated potential savings from the America Rescue Plan Act (ARPA) Funds, Account No. 275-50-755- 58100-55026, allocated to the Toilet Replacement Program, and to make necessary funding adjustments.
3. Authorize the Chief Executive Officer and the Director of Finance to issue a check to Eastside Little League for the amount of $13,000.
4. Authorize the Chief Executive Officer to make any technical adjustments to carry out the direction of the City Council.
11. Adoption of Resolution No. 2023-039 to Approve Commercial Cannabis Agreement No. 23- 03 and Cannabis Permit Application No. 23 -02 to Amend the Ownership Parties of the Existing Cannabis Cultivation and Manufacturing Facility within the I, Industrial Zone (Location: 13460 Brooks Drive, APN 8535 -024-018); Applicant: Green Health Industries, LLC; Case Number: CCA 23-03 for CAN 23-02).
It is recommended that the City Council adopt Resolution No. 2023 -039 approving Commercial Cannabis Agreement No. 23 -03 and Cannabis Permit Application No. 23 -02 to Amend the Ownership Parties of the Existing Cannabis Cultivation and Manufacturing Facility within the I, Industrial Zone (Location: 13460 Brooks Drive, APN 8535 -024-018); Applicant: Green Health Industries, LLC; Case Number: CCA 23-03 for CAN 23-02).
CEQA REVIEW : In accordance with the provisions of the California Environmental Quality Act (CEQA), the City has determined that the proposed CCA No. 23 -03 and CAN 23 -02 will not have a significant impact of the environment and is categorically exempt pursuant to the Ca lifornia Code of Regulations, Article 19, Section 15301, Class 1, ‘existing facilities.’ Furthermore, the proposed facility is within an existing industrial building, which is in conformity with the City Planning and Land Use requirements, as set forth in the BPMC.
12. Approve and Adopt Resolution No. 2023 -044 casting its votes for the Water Quality Authority (WQA) Board Member Representing Cities without Pumping Rights It is recommended that the City Council approve and adopt Resolution No. 2023 -044 entitled, “
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
CALIFORNIA, CASTING IT VOTE(S) FOR COUNCILMEMBER VALERIE MUNOZ TO
REPRESENT CITIES WITHOUT PRESCRIPTIVE PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY”.
13. Susan Rubio Zocalo Park Retail Tenant Search Update.
Staff recommends that the City Council receive and file this report.
14. Consideration for Approval Memorandum of Agreement (MOA) between the San Gabriel Valley Council of Governments (SGVCOG), Heart of Compassion Distribution, and the City of La Canada Flintridge Participating in the Food Recovery Hub Program It is Staff’s recommendation that the City Council:
1. Authorize the Chief Executive Officer to execute the MOA between the City of Baldwin Park, SGVCOG, City of La Canada Flintridge, and the Heart of Compassion Distribution to establish a purchase equipment transfer of ownership and associated responsibilities for all parties; and,
2. Authorize the Director of Public Works to process the necessary documents.
15. Approval of Amendment Number 2 to the Grant Agreement with Oath to Country Foundation (OTCF) to repair the last senior Veteran home as part of the Home Rehabilitation Pilot Program with the City of Baldwin Park.
It is recommended that the City Council authorize the Chief Executive Officer to execute an amended Grant Agreement with Oath to Country (OTCF) subject to any non-substantive changes made by the CEO and City Attorney.
16. Consider Approval of Amendment No. 2 to the Maintenance Services Agreement (MSA) With Yunex LLC for Traffic Signal and Street Light Maintenance Services Staff recommends that Council:
1. Approve Amendment No. 2 to the Maintenance Services Contract with Yunex for Traffic Signal and Street Light Maintenance Services, extending the term contract for an additional two (2) years and adjusting rates by 5% for Fiscal Year 2023 -24 and 2.5% for Fiscal Year 2024-25 due to CPI increase; and,
2. Approve an increase to the annual not -to-exceed contract amount from $100,000 to $105,000 due to the CPI increase; and
3. Authorize the Mayor and City Clerk to execute Amendment No. 2; and,
4. Authorize the Finance Director to make necessary budget adjustments per the increase of rates to allow payments approved FY 2023-24.
PUBLIC HEARING
17. Conduct a Public Hearing and Adopt of Resolution No. 2023-040 “A Resolution of the City Council of the City of Baldwin Park, California, Ordering Vacationing of an Alley Between Bogart Avenue and Downing Avenue Pursuant to Streets and Highways Code 8300-8325.”
It is recommended that the City Council:
1. Hold a Public Hearing and consider all public testimony regarding this matter; and,
2. Waive further reading, read by title only and adopt Resolution No. 2023 -040 entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
CALIFORNIA, ORDERING VACATIONING OF AN ALLEY BETWEEN BOGART
AVENUE AND DOWNING AVENUE PURSUANT TO STREETS AND HIGHWAYS CODE 8300-8325.”
18. A request for consideration and recommendation of approval of a Zoning Code Amendment to reduce the minimum number of hotel rooms, a Conditional Use Permit for the operation of a Hotel (Extended Stay America), Variance to reduce the number of required parking spaces, and a Design Review for architectural, parking lot, and landscaping improvements. (Location: 14624 Dalewood Street; Applicant: Lisette Sanchez -Mendoza - MIG for Sonjay Patel and Jayesh Patel of SNS Hotels and Zyra Hospitality, LLC; Case Numbers: AZC 22 - 03, CP 22-11, ZV-22-07, PR 22-46).
It is recommended that the City Council
1. Open and conduct a Public Hearing; and
2. Adopt City Council Resolution 2023-041 entitled,
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970”; AND
3. Waive further reading, read by title only and introduce Ordinance 1508 entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTION 153.120.310 (B) OF CHAPTER 153 TITLE XV OF
THE BALDWIN PARK MUNICIPAL CODE, RELATING TO THE MINIMUM NUMBER OF HOTEL AND MOTEL GUEST ROOMS”; AND
4. Adopt City Council Resolution 2023-042 entitled,
“RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT (CP 22 -11) FOR THE OPERATION OF A HOTEL, A VARIANCE (ZV 22-07) TO DEVIATE FROM THE MINIMUM NUMBER OF REQUIRED PARKING SPACES, AND DESIGN REVIEW (PR 22- 46) TO FACILITATE THE RENOVATION AND REOPENING OF AN EXISTING VACANT HOTEL AS AN EXTENDED STAY AMERICA”.
CEQA REVIEW: The initial study prepared for the Project disclosed that the Project will have a significant impact on the environment. Mitigation measures have been incorporated into the project’s design and as conditions of approval to reduce impacts on the environment to a less than significant level.
A Mitigated Negative Declaration of Environmental Impact (MND) has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. The Notice of Intent to Adopt a Mitigated Negative Declaration was sent on October 4, 2023, to the California Office of Planning and Research and the County Clerk, County of Los Angeles. Also, the MND was circulated for public review and comment for 20 days, starting on October 5, 2023, and ending on October 24, 2023. The MND is provided herein as Attachment #6. On October 5, 2023, legal notice was published in the Baldwin Park Press, posted at City Hall and the City of Baldwin Park website. Public Hearing Notices/Notice of Intent were also mail ed to the property owners and occupants within a 300 -foot radius of the subject property.
No comments were received by the City during the public review period.
REPORTS OF OFFICERS
19. Authorize the Addition of Three (3) Patrol Vehicles to the City’s Vehicle Lease Program It is recommended that the City Council:
1. Authorize the addition of three (3) new police vehicles to the City’s Lease Program; and,
2. Authorize the Finance Director to appropriate FY 2023/24 budgeted funds for CIP No. 24- 029-15727/59003 in the amount of $96,000 from Acct. #402 -50-591-58140-15727 and #402-50-591-58110-59003; and,
3. Authorize the Director of Public Works to add three (3) vehicles to the lease program and process the necessary documents.
20. Reorganization of the City Council – Selection of Mayor Pro Tempore for the 2024 Calendar Year
It is recommended that the City Council complete the reorganization of the City Council and follow procedures as suggested for the selection of Mayor Pro Tempore as follows:
1. The City Clerk opens the nominations for the office of Mayor Pro Tempore. Any Councilmember may nominate and no second to the nomination is required; and
2. After receiving nominations, the City Clerk closes the nominations; and
3. The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the order in which nominations are received until a Mayor Pro Tempore is elected by majority vote.
21. Review of Commission Applications and Consideration of Appointments to Fill the Scheduled Vacancies for the Recreation and Community Services Commission.
It is recommended that the City Council review all commission applications for the Recreation and Community Services Commission and make respective appointments.
22. Approval of an Exception to the 180 -Day California Employees’ Retirement System (CalPERS) Wait Period for a Retired Annuitant Under Government Code Sections 7522.56 and 21224 and Authorization to Execute an Employment Agreement with Mark Hsu to fill a Critical Need in the Information Systems Division of the Administration Department Staff recommends that the City Council:
1. Approve and adopt Resolution No. 2023 -038 approving an exemption to the 180 -day CalPERS waiting period for a retired annuitant, in accordance with Government Code Sections 7522.56 and 21224.
2. Authorize the Chief Executive Officer and Human Resources/Risk Manager to reinstate Mark Hsu as a retired annuitant prior to the 180-day wait period and provide authorization to execute an Employment Agreement with Mark Hsu at a rate of $62.4299 per hour through December 31, 2024, and may end sooner, to fill a critical need in the Information Systems Division.
CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY
DEVELOPMENT COMMISSION
SA 1. Approval Of The Recognized Obligation Payment Schedule ( ROPS 24-25) For The Period From July 1, 2024 To June 30, 2025 And Administrative Budget It is recommended that the City Council, as governing body of the SA:
1. Approve the estimated ROPS 24-25 for the period of July 1, 2024 through June 30, 2025; and,
2. Adopt the Successor Agency Administrative Budget for Fiscal Year 2024-25; and,
3. Adopt Resolution No. SA 2023-003
4. Direct staff to proceed with submitting the final ROPS 24 -25 to the LA County First District Consolidated Oversight Board for approval no later than December 18, 2023 for the Board meeting on January 8, 2024; and,
5. Send the approved ROPS 24 -25 to the County Executive Office, County Auditor Controller, the State Controller, and DOF by February 1, 2024; and,
6. Instruct staff to post the approved ROPS 24-25 on the City’s website after the LA County First District Consolidated Oversight Board approves the ROPS 24-25.
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATION
Councilmember Damian seeks consensus from Council to:
• Request that two (2) members of the City Council volunteer to form an ad hoc committee to review the City’s Cannabis Licensing Program.
CEO Enrique C. Zaldivar
• Verbal update on the status of the Operations Contract at Esperanza Villa.
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)