City Council Regular Meeting Minutes
CITY COUNCIL
REGULAR MEETING
Minutes
December 06, 2023, 7:00 PM
Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Emmanuel J. Estrada
Jean M. Ayala
Alejandra Avila
Daniel Damian
Monica Garcia
These minutes are presented in Agenda order.
CALL TO ORDER
The meeting was called to order by Mayor Estrada at approximately 7:10 p.m.
INVOCATION
The invocation was led by Pastor Flores.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Estrada.
ROLL CALL
City Clerk Saenz performed roll call:
Council Member Alejandra Avila (present)
Council Member Jean M. Ayala (present)
Council Member Daniel Damian (present – teleconference AB 2449) Mayor Pro Tem Monica Garcia (present)
Mayor Emmanuel J. Estrada (present)
REPORT FROM CLOSED SESSION
City Attorney Marco A. Martinez announced there was no reportable action on the items listed on the Special Meeting Agenda. All members were present.
MOTION: Mayor Estrada closed the Special Meeting at approximately 7:16 p.m.
ANNOUNCEMENTS
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
Mayor Estrada and the City Council presented Certificates of Recognition for the Administration Department Employees 20+ years of service.
PUBLIC COMMUNICATIONS
Mayor Estrada opened Public Communications at approximately 7:40 p.m.
The following spoke:
1) Irma Morales
2) Valerie Munoz
3) Abel
4) Jonathan
Seeing no more public speakers, Mayor closed public communications.
City Council Regular Meeting Minutes
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 Alejandra Avila to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
2. Annual Comprehensive Financial Report (ACFR) For Fiscal Year 2021-22 Motion to receive and file the City of Baldwin Park’s ACFR for the fiscal year ended June 30, 2022.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
3. Meeting Minutes
Motion to 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.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
4. Implement and Update Written Policies and Procedures for Accounting and Financial Reporting
Motion to 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
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
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.
Motion to:
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.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
City Council Regular Meeting Minutes
6. Accept Grant Award from Foothill Transit for the Bus Stop Enhancement Program (BSEP)
Motion to:
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;
4. Authorize the Director of Finance to appropriate grant funds and make necessary changes to the budget.
Item #6 was pulled for further discussion.
MOTION: It was moved by Jean M Ayala, seconded by Monica Garcia to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
7. Request Appropriation of Funds for Utilities at Ezperanza Villa and Serenity Homes Motion 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.
Item #7 was pulled for further discussion.
MOTION: It was moved by Daniel Damian, seconded by Monica Garcia to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
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.
Motion to:
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).
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
9. Consideration of the Nomination to Name Maine Avenue Mini Park Motion to name Maine Avenue Mini Park to Ana Montenegro Park.
Item #9 was pulled for further discussion.
MOTION: It was moved by Daniel Damian, seconded by Jean M Ayala to adopt with the name change of the mini park to Ana Montenegro Park Motion Passed [5 – 0]. AYES: AVILA,
AYALA, DAMIAN, GARCIA, ESTRADA
City Council Regular Meeting Minutes
10. Funding Assistance For the Baldwin Park Eastside Little League Youth Organization- To Reopen Following Temporary Closure Due to Covid-19 Impacts Motion to:
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.
Item #10 was pulled for further discussion.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
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).
Motion to 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 (Locatio n: 13460 Brooks Drive, APN 8535 -024-018); Applicant: Green Health Industries, LLC; Case Number:
CCA 23-03 for CAN 23-02).
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
12. Approve and Adopt Resolution No. 2023 -044 casting its votes for the Water Quality Authority (WQA) Board Member Representing Cities without Pumping Rights Motion to 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”.
Item #12 pulled for further discussion.
MOTION: It was moved by Daniel Damian, seconded by Emmanuel Estrada to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
13. Susan Rubio Zocalo Park Retail Tenant Search Update.
Motion to receive and file this report.
MOTION: It was moved by Daniel Damian, seconded by Alejandra Avila to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
City Council Regular Meeting Minutes
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 Motion to:
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.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
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.
Motion to authorize the Chief Executive Officer to execute an amended Grant Agreement with Oath to Country subject to any non-substantive changes made by the CEO and City Attorney.
Item #15 pulled for further discussion.
MOTION: It was moved by Monica Garcia, seconded by Alejandra Avila to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
16. Consider Approval of Amendment No. 2 to the Maintenance Services Agreement (MSA) With Yunex LLC for Traffic Signal and Street Light Maintenance Services Motion to:
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.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
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.” Motion to: 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.”
Mayor Estrada opened the Public Hearing and Communications at approximately 8:11 p.m.
Seeing no comments Mayor Estrada closed the Public Hearing and Communications.
City Council Regular Meeting Minutes
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
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).
Motion to:
1. 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 F ROM 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”.
Mayor Estrada opened Public Hearing at approximately 8:26 p.m. The following spoke:
1) Christopher Saenz
Seeing no one wishing to speak, Public Hearing was closed.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
REPORTS OF OFFICERS
19. Authorize the Addition of Three (3) Patrol Vehicles to the City’s Vehicle Lease Program Motion to:
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.
City Council Regular Meeting Minutes
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 – 0].
20. Reorganization of the City Council – Selection of Mayor Pro Tempore for the 2024 Calendar Year
Motion to nominate Jean M. Ayala as Mayor Pro Tempore.
MOTION: It was moved by Alejandra Avila, seconded by Daniel Damian to adopt Motion Passed. [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
21. Review of Commission Applications and Consideration of Appointments to Fill the Scheduled Vacancies for the Recreation and Community Services Commission.
Motion to appoint the following to the Recreation and Community Services Commission:
Norma Olmos and Maria Davalos for Seats 4 & 5; Itzel Herrera for Sierra Vista High School, Jason Barrios Smith for Baldwin Park High School and Lindsey Castro for North Park High School.
MOTION: It was moved by Emmanuel Estrada, seconded by Jean M Ayala to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
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 Motion to:
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.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
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 Motion to:
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.