CC Regular Meeting Minutes-02-07-2024
CITY COUNCIL
REGULAR MEETING
Agenda
February 07, 2024, 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 7:12 p.m.
City Attorney Martinez announced that Councilmember Damian made a request to participate by teleconference invoking Medical Emergency and to add request on the agenda.
Motion made by Emmanuel Estrada, seconded by Alejandra Avila to add the request on the agenda. AYES:
Avila, Ayala, Garcia, Estrada. PASSED. [4-0]
Motion made by Monica Garcia, seconded by Jean M. Ayala to approve the request from Councilmember Damian to participate via teleconference. AYES: Avila, Ayala, Garcia, Estrada. PASSED. [4-0]
INVOCATION
The invocation was led by Pastor Flores and Pastor Jackson
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 via 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 except Councilmember Avila.
Councilmember Avila arrived after the 4th item listed on the Closed Session items.
MOTION: Mayor Estrada closed the Special Meeting at approximately 7:21 p.m.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
Mayor Estrada conducted Oath of Office for the Recreation & Community Services Commissioners
PUBLIC COMMUNICATIONS
Mayor Estrada opened Public Communications at approximately 7:27 p.m.
1) Irma Morales 4) Abel 2) Adrori Lim & Amy Bilan 5) Rosy Leon & Jamie Martinez 3) Pedro Casas
Seeing no one looking to speak, Mayor Estrada closed Public Communications.
CC Regular Meeting Minutes-02-07-2024
CONSENT CALENDAR
1. City of Baldwin Park’s Warrants and Demands
Motion to ratify the attached Warrants and Demands Register.
Item #1 was pulled for further discussion.
MOTION: It was moved by Jean M. Ayala, seconded by Emmanuel Estrada to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
2. Meeting Minutes
Motion to approve the following meeting minutes of the Special City Council and Regular City Council Meetings held on December 6, 2023.
MOTION: It was moved by Emmanuel Estrada, seconded by Jean M. Ayala to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
3. Consideration of Approval and Adoption of Resolution 2024 -002, updating the City -Wide and Department Records Retention Schedule.
Motion to:
1. Adopt Resolution 2024-002 entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, CALIFORNIA, ADOPTING RECORDS
RETENTION SCHEDULES, AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS.”
2. Repeal Resolution No. 2019-043
MOTION: It was moved by Emmanuel Estrada, seconded by Jean M. Ayala to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
4. Approval of Purchase from Game Room Specialists, Inc. DBA A & C Billiards and Barstools for Seven (7) Billiard Tables
Motion to:
1. Approve the purchase in the amount of $27, 975.94 with Game Room Specialist, Inc. DBA A & C Billiards and Barstools for seven (7) billiard tables; and
2. Authorize the Director of Recreation & Community Services to execute any associated documents needed for the purchase; and
3. Authorize the Director of Finance to appropriate funds included in the FY 23 -24 CIP budget and make necessary adjustments to the budget.
MOTION: It was moved by Emmanuel Estrada, seconded by Jean M. Ayala to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
5. Waive Formal Bid Procedures and Authorize the Purchase to Replace Air Conditioner Unit in Police Department Server Room CIP24-045-56016
Motion to:
1. Waive formal bid procedures per the City’s Purchasing Ordinance No. 1101 and Baldwin Park Municipal Code Chapter 34 section 23 (C); and
2. Authorize the purchase in the amount of $27,411.10 from Honeywell Building Solutions;
3. Authorize the Director of Recreation & Community Services to execute any other associated documents needed for the purchase; and
4. Authorize the Director of Finance to appropriate funds included in the FY 23 -24 CIP budget and make necessary adjustments to the budget.
MOTION: It was moved by Emmanuel Estrada, seconded by Jean M. Ayala to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA CC Regular Meeting Minutes-02-07-2024
6. Grant Reimbursement Report for 2nd Quarter FY23-24 – October 1, 2023, to December 31, 2023 - Motion to receive and file this report.
MOTION: It was moved by Emmanuel Estrada, seconded by Jean M. Ayala to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
7. Approve Amendment No. 4 to Funding Agreement No. F3507 with the Los Angeles County Metropolitan Transportation Authority (LACMTA) for Grant Funding for the South Baldwin Park Commuter Bikeway Project - Motion to approve and authorize the Mayor to execute Amendment No. 4 to the FA with the LACMTA.
MOTION: It was moved by Emmanuel Estrada, seconded by Jean M. Ayala to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
8. Approval of Southern California Gas Company (SoCalGas) Collectible Work Authorization for the Installation of New Gas Service located at 14349 Pacific Ave for the Susan Rubio Zocalo Park and Civic Plaza.
Motion to:
1. Approve the CWA payment for SoCalGas in the amount of $68,678.00 for the installation of new service; and,
2. Authorize the Director of Public Works to execute the CWA contract and to process the necessary documents and payment request from the available grant funds; and,
3. Authorize the Director of Finance to appropriate the funding and make the necessary budget adjustments.
MOTION: It was moved by Emmanuel Estrada, seconded by Jean M. Ayala to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
9. Second Reading to adopt Ordinance No. 1508, “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”
Motion to adopt Ordinance 1508 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, CALIFORNIA, AMENDING THE BALDWIN PARK MUNICIPAL CODE, TITLE XV, LAND USAGE, CHAPTER 153, ZONING CODE, SECTION 153.120.310 (B) RELATED TO THE MINIMUM NUMBER OF REQUIRED GUEST ROOMS FOR HOTELS AND MOTELS.”
MOTION: It was moved by Emmanuel Estrada, seconded by Jean M. Ayala to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
10. Claim for Damages Rejections
Motion to reject the following claims and direct staff to send the appropriate notice of rejection to claimants:
Rosalba Pizano Castaneda The claimant alleges bodily injury.
Paula Marie Esquerra The claimant alleges property damage.
Saida Gonzalez The claimant alleges property damage.
Manuel Lopez The claimant alleges bodily injury.
Bryan Madrigal The claimant alleges property damage.
MOTION: It was moved by Emmanuel Estrada, seconded by Jean M. Ayala to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA CC Regular Meeting Minutes-02-07-2024
11. Approval of Independence Day Spectacular Budget and Award of Agreement for Pyrotechnic Show with Pyro Spectaculars, Inc.
Motion to:
1. Approval of Independence Day Spectacular Budget; and
2. Award agreement to Pyro Spectaculars, Inc. for professional pyrotechnic services in the amount of $23,000; and
3. Authorize the Director of Recreation & Community Services to execute the attached agreement; and
4. Authorize the Director of Finance to appropriate from the Business Improvement Tax fund 230 in the amount of $23,000 and make necessary adjustments to the budget.
CEQA Review ln accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA pursuant to Section 15061(b((3) of the CEQA Guidelines and the general rule that the CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. A Fireworks Display would not be an activity with potential to cause significant effect on the environment and is when it is not performed over sensitive habitat areas.
MOTION: It was moved by Emmanuel Estrada, seconded by Jean M. Ayala to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
12. Approval of Revised Relinquishment Agreement with Caltrans for the Relinquishment of State Highway Roads and Collateral Facilities Fronting Interstate 10 Within the Boundaries of the City of Baldwin Park
Motion to approve the updated Relinquishment Agreement with the State of California Department of Transportation (Caltrans) for the relinquishment of state highway roads and facilities and authorize the Mayor to execute the agreement.
MOTION: It was moved by Emmanuel Estrada, seconded by Jean M. Ayala to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
13. Approval of a Use and Maintenance Agreement (UMA) with the County of Los Angeles for Storm Drain Connection related to the Barnes Park Multi -Benefit Stormwater Capture Project, CIP 21-198
Motion to approve the Use and Maintenance Agreement with the County of Los Angeles Flood Control District for the use and maintenance of the County right -of-way for a storm drain connection related to the Barnes Park Multi -Benefit Infiltration Project and authorize the Mayor to execute the agreement.
MOTION: It was moved by Emmanuel Estrada, seconded by Jean M. Ayala to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
14. Authorization of funding for Vendor Billings-Motorola Solutions Motion to
1. Authorize the Director of Finance to appropriate $109,371.34 from the General Fund and transfer to account 100-30-310-51100-00000 (Consultant Services).
MOTION: It was moved by Emmanuel Estrada, seconded by Jean M. Ayala to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
CC Regular Meeting Minutes-02-07-2024
15. Consider Approval of Amendment No. 1 to the Maintenance Services Agreement (MSA) With Mariposa Landscapes, Inc. for the Landscape Maintenance Services - Motion to:
1. Approve Amendment No. 1 to the Maintenance Services Contract with Mariposa Landscapes, Inc. for Landscape Maintenance Services, extending the term contract for an additional two (2) years and adjusting rates by 5% for Year One (1) and 2.5% for year Two (2) due to CPI increase; and,
2. Approve an increase to the annual not -to-exceed contract amount from $100,000 to $105,000 in year one (1) and $105,000 to $107,625 in year two (2) to reflect the CPI increase; and,
3. Authorize the Mayor and City Clerk to execute Amendment No. 1; and,
4. Authorize the Finance Director to make necessary budget adjustments.
MOTION: It was moved by Emmanuel Estrada, seconded by Jean M. Ayala to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
16. Approval for the Procurement and Purchase of a Ford F600 Truck with Lift Bucket System from Global Rental Co. Through the Sourcewell Purchasing Cooperative Motion to:
1. Authorize the capital purchase of the 2023 Ford F600 aerial bucket truck, consistent with the Sourcewell Purchasing Cooperative; and,
2. Authorize the Public Works Director to process purchase order requisition for Global Rental Co., Inc. in an amount not to exceed $215,484.00 utilizing approved funds identified in FY23-24 Capital Improvement Program under CIP24-026-55031; and,
3. Authorize the Director of Public Works, or his designee, to complete all appropriate documentation to finalize the purchase.
MOTION: It was moved by Emmanuel Estrada, seconded by Jean M. Ayala to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA,
ESTRADA
REPORTS OF OFFICERS
17. Approval of Conceptual Design for Morgan Park Restrooms Improvements Project Motion to:
1. Approve the conceptual for Morgan Park Restroom Improvements Project; and
2. Authorize Director of Recreation & Community Services to proceed with any supplementary documents required for the project.
MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
18. Review of Commission Applications and Consideration of Appointments to Fill the Scheduled Vacancies for the Housing Commission.
Motion to:
1. Review all commission applications for the Housing Commission
2. Make a finding that one of the Commissioner Seats designated for a Housing Authority participant can be filled by any resident applicant, in the interest of carrying out the business of the Housing Authority Commission.
3. Make the respective appointments.
4. Direct staff and City Attorney to bring back an ordinance amendment for B.P.M.C Section
32.21 to eliminate the requirement of Commissioners being tenants of the authority.
MOTION: It was moved by Daniel Damian, seconded by Jean M. Ayala to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA CC Regular Meeting Minutes-02-07-2024
19. Request for Authorization to Purchase APX Radios by Motorola Solutions -Motion to table:
1. Waive the formal bidding process for this purchase; and
2. Authorize the Director of Finance to appropriate $300,000.00 from CIP 24 -028-53009 account 271-30-340-58110-53009; and
3. Authorize the Chief of Police or his designee to complete all appropriate documentation to complete the purchase of the requested Motorola radios and accessories.
MOTION TO TABLE: It was moved by Daniel Damian, seconded by Jean M. Ayala to table this item to the following meeting [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
20. Approval of Amendment Number 2 to the Consultant Services Agreement with Terra Realty Advisors Inc. to provide various real estate services related to outdoor advertising.
Motion to authorize the Mayor to execute the Amendment subject to any non-substantive changes made by the CEO and City Attorney and authorize the Director of Finance to appropriate funding and make the necessary budget adjustments.
MOTION: It was moved by Daniel Damian, seconded by Jean M. Ayala to adopt Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
21. Consider and approve a Transit Services Agreement with Southland Transit, Inc. for Bus Operations and Maintenance of the City’s Dial -A-Ride and Fixed Route Transit Program and Approve a Compressed Natural Gas (CNG) Refueling Agreement with the City of El Monte to Support the City’s Transit Program - Motion to table :
1. Approve a 2 -year Transit Services Agreement (TSA) with Southland Transit, Inc., and Authorize the Mayor and City Clerk to execute the agreement; and,
2. Approve a 1 -year CNG Refueling Agreement with the City of El Monte, and Authorize the Chief Executive Officer (CEO) to execute the agreement; and,
3. Authorize the Director of Finance to appropriate an additional amount of $100,000 from Fund 244- Proposition A to ensure enough funds are available to fund the program at the new rate.
MOTION TO TABLE: It was moved by Daniel Damian, seconded by Jean M. Ayala to table this item till March 6, 2024. Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA,
ESTRADA
22. Hearing to Review Bidder Protests and Authorize the Award of Construction Contract to Nationwide Contracting Services, Inc., for City Project No. CIP 21-198, Barnes Park Multi- Benefit Stormwater Capture Project - All bidders had an opportunity to address issues relating to responsibility and/or the responsiveness of their bids.
Motion to table:
1. Determine that Zusser Company, Inc. (“Zusser”) is non-responsible bidder: and
2. Approve and award the construction contract to Nationwide Contracting Services, Inc.
Company of Huntington Beach, CA in the amount of $17,199,044.00; and,
3. Authorize the Mayor and City Clerk to execute the contract with Nationwide Contracting Services, Inc.; and,
4. Authorize the Director of Finance to appropriate $7,635,690.00 from the fund and make necessary budget adjustment.
MOTION TO TABLE: It was moved by Daniel Damian, seconded by Alejandra Avila to table this item till March 6, 2024. Motion Passed [5 – 0]. AYES: AVILA, AYALA, DAMIAN, GARCIA,
ESTRADA