CITY COUNCIL
REGULAR MEETING
Agenda
February 21, 2024, 7:00 PM
Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
Emmanuel J. Estrada
Jean M. Ayala
Alejandra Avila
Daniel Damian
Monica Garcia
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 du ring City Council Meetings to [email protected]. Written comments will be distributed and will be made part of the written record but will NOT be read verbally at the meeting.
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
Proclamation – National Black History Month Proclamation presented to Measure BP Oversight Committee Vice-Chair Dr. Elmer Jackson, Pastor at Christ Extended Hand Ministry in Baldwin Park.
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) – October 2023
Staff recommends that Council receive and file the Treasurer’s Report for October 2023.
3. Treasurer’s Report City (CC) – November 2023
Staff recommends that Council receive and file the Treasurer’s Report for November 2023.
4. Meeting Minutes
It is recommended that the City Council approve the following meeting minutes of the Special City Council Meeting and Regular City Council Meeting held on February 7, 2024.
5. Claim Rejection
Staff recommends that the City Council reject the following claim and direct staff to send the appropriate notice of rejection to claimant:
• April Camery The claimant alleges bodily injury.
This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Council Members refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Council Members.
6. Consideration to Adopt Resolution No. 2024 -003, Authorizing the City of Baldwin Park to apply for CY 2020-2022 Permanent Local Housing Allocation (PLHA) Funds from the State of California Department of Housing and Community Development and amend the PLHA 5-Year plan
It is recommended that the City Council adopt Resolution No. 2024 -003 on behalf of the City of Baldwin Park and authorize the Chief Executive Officer (CEO) to submit a PLHA Program Application for CY 2020-2022 grant funds prior to the February 29th deadlin e. In addition, staff recommends that the City Council authorize the CEO to submit an amendment to the 5-year 2019- 2023 PLHA plan to include additional eligible activities prior to the June 30th deadline.
PUBLIC HEARING
7. FY 2024-25 Annual Action Plan Housing and Community Development Needs and Priorities Public Hearing.
It is recommended that the City Council:
1. Conduct a public hearing to consider the city’s housing and non -housing community development needs for the preparation of the FY 2024-25 Annual Action Plan.
2. Following the public hearing, receive and file this report, any comments made by the Mayor, City Council, and/or residents during the public hearing, for inclusion in the Fiscal Year 2024-25 Annual Action Plan.
REPORTS OF OFFICERS
8. Revised Request for Authorization to Purchase APX Radios by Motorola Solutions It is recommended that the City Council:
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 finalize the Agreement for the APX Radios, complete all appropriate documentation and to execute the Agreement.
9. Recommendation for Approval of Funding From the Measure BP Stakeholders Oversight Committee (SOC)- Two-Way APX Radios by Motorola Solutions It is recommended that the City Council:
1. Concur and approve the recommendation from the SOC for funding from Measure BP Revenue for the acquisition of a Two-Way APX Radio System by Motorola Solutions for the amount of $1,247,301.46 plus $50,000 contingency for a total of $1, 297,301.46; and
2. Authorize the Director of Finance to appropriate $1,297,301.46 from the Measure BP Fund.
10. Adoption of Resolution No. 2024-004 to approve Commercial Cannabis Agreement No. 24- 01 and Cannabis Application No. CAN 23 -01 to permit Commercial Cannabis Activity (Retail) within the I -C, Industrial Commercial Zone; and to authorize the CEO and City Attorney to execute a Cannabis Fee Deferral Payment Agreement for the payment of unpaid Public Benefit Fees due to the City from RD Baldwin Park/Tropicana Enterprises, LLC Site: 13467 Dalewood Street (APN: 8559-003-018); Applicant: RD x Catalyst —Baldwin Park, LLC; Case No.: CCA 24-01 for CAN 23-01.
It is recommended that the City Council take the following actions:
1. Adopt Resolution No. 2024 -004 approving Commercial Cannabis Agreement No. 24 -01 and Cannabis Application No. CAN 23-01 to permit commercial cannabis activity (Retail) at the Site by Applicant, and
2. Authorize the Chief Executive Officer and City Attorney to execute a Cannabis Fee Deferral Payment Plan Agreement in substantial form as outlined in Exhibit “A” of the draft agreement.
3. Find that the Project is in accordance with the provisions of the California Environmental Quality Act (CEQA), will not have a significant impact of the environment and is categorically exempt pursuant to the California Code of Regulations, Article 19, Sec tion 15301, Class 1, ‘existing facilities.’
CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY
DEVELOPMENT COMMISSION
SA 1. Treasurer’s Report SA – October 2023
Staff recommends that the Board receive and file the Treasurer’s Report for October 2023.
SA 2. Treasurer’s Report SA – November 2023
Staff recommends that the Board receive and file the Treasurer’s Report for November 2023.
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATION
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)