CITY COUNCIL/
FINANCE/HOUSING
REGULAR MEETING
Agenda
November 20, 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 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– Proclamation presented to Councilmember Monica Garcia.
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 2024
Staff recommends that Council receive and file the Treasurer’s Report for October 2024.
3. Meeting Minutes of November 6, 2024
It is recommended that the City Council approve the following meeting minutes of the Special City Council Meeting, Regular City Council Meeting and Baldwin Park Charitable Relief Foundation Meeting held on November 6, 2024.
4. Claim Rejection
Staff recommends that the City Council reject the following claim and direct staff to send the appropriate notice of rejection to claimant:
• Lizette Garcia The claimant alleges property damage. • Perla Ramirez The claimant alleges property damage. • Westleigh Santamaria The claimant alleges property damage. • Sharleen Esquivel The claimant alleges property damage and bodily injury. • Jorge Huerta The claimant alleges errors and omissions.
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.
5. Recommendation for Approval of Funding from the Measure BP Stakeholders Oversight Committee (SOC) – Morgan Park Plaza Improvements
It is recommended that the City Council:
1. Approve the recommendation from the SOC for Council approval of Funding from Measure BP Revenue for the Morgan Park Plaza Improvements in the amount of $1,000,000; and
2. Authorize the Director of Recreation & Community Services to solicit Professional Architectural Services and any necessary documents associated with the project and grant funds; and
3. Authorize the Chief Executive Officer to make technical corrections as necessary to carry out the intent of the City Council; and
4. Authorize the Director of Finance to appropriate $1,000,000 from Measure BP Fund and make necessary adjustments to the budget.
6. Approving an Agreement with the County of Los Angeles Department of Public Health and Safety Inspection and Enforcement Services of Cannabis Facilities.
Staff recommends that the City Council:
1. Receive and file the staff report; and
2. Approve the Agreement between the County of Los Angeles Department of Public Health and the City of Baldwin Park for Public Health and Safety Inspection and Enforcement Services of Cannabis Facilities and authorize the Mayor to execute the Agreement; and
3. Direct Staff to prepare an ordinance that incorporates the County Emblem Program into the Baldwin Park Municipal Code as a follow-up deliverable.
7. Approval Of Resolution For California Declared Disaster DR# 4482; Cal OES ID# 037-03666; COVID-19 Pandemic Relief
It is recommended that the City Council:
1. Approve the attached Agent Resolution DR# 4482; and
2. Authorize the Chief Executive Officer, Chief of Police, or the Director of Finance to complete and sign all appropriate documentation necessary to close out this reimbursement claim.
3. Authorize the Director of Finance to make necessary budget adjustments based on the reimbursement received.
8. Resolution No. 2024 -048 - Adoption of a Housing Inspection Policy Pursuant to the Requirements of AB 548
It is recommended that the Council adopt Resolution No. 2024 -048, for the adoption of a policy pursuant to the requirements of AB 548 relating to housing inspections.
9. Acceptance of Construction Improvements and Authorization for Filing of Notice of Completion for CIP 22 -044 - Susan Rubio Zocalo Park and Civic Center Plaza Project. Request for Appropriation of Additional Construction Contingency Funds to Support Project Closeout.
It is recommended that the City Council:
1. Accept the construction improvements by PCN3, inc. of Los Alamitos, CA and authorize the recordation of a Notice of Completion for City Project No. CIP 22-044 – Susan Rubio Zocalo Park and Civic Plaza;
2. Authorize the releasee of retention funds in the amount of up to $550,000 to PCN3, Inc upon the expiration of the 35-day notice period; and
3. Authorize the Director of Finance to appropriate $250,000 from SB1Fund #256 to Account #256-50-520-58100-55022 and $350,000 from Measure W Fund #258 to Account #258 -50- 520-58100-55022 and to make the necessary budget adjustments.
4. Authorize the Director of Finance to reappropriate the original approved allocations by increasing funding in the amount of $1,000,000 from Measure W Fund #258 to Account #258- 50-520-58100-55022, and decreasing funding in the amount of $1,000,000 from Future Development Fund #200 to Account #200 -50-520-58100-55022, in order to free up funds in the Future Development Fund; and to reclassify charges related to these two funds and make the necessary budget adjustments.
10. Second Reading of Ordinance No. 1511 Amending the Baldwin Park Municipal Code Regulating the Use of Wheeled Devices on Public and Private Property, Adding Section 130.80 Titled "Wheeled Devices” to Chapter 130 of Title XIII
It is recommended that the City Council waive the second reading and adopt Ordinance No. 1511,
AMENDING THE BALDWIN PARK MUNICIPAL CODE TO REGULATE THE USE OF WHEELED DEVICES ON PUBLIC AND PRIVATE PROPERTY, ADDING SECTION 130.80 TITLED "WHEELED DEVICES" TO CHAPTER 130 OF TITLE XIII.
11. Authorize the Award of a Construction Contract to PCN3, Inc of Los Alamitos, CA for City Project No. CIP 22-038 City Council Chambers Renovation Improvements It is recommended that the City Council:
1. Approve and award the construction contract to PCN3, Inc., of Los Alamitos, CA in the amount of $4,458,000; and
2. Authorize the Director of Public Works to negotiate and execute an agreement with one the City’s on-call consultants for construction management and inspection services in an amount not-to-exceed $378,000; and,
3. Authorize a 10% construction contingency in an amount not-to-exceed $445,800; and,
4. Authorize the Mayor and City Clerk to execute the contract with PCN3, Inc.; and
5. Authorize the Director of Finance to make the necessary budget adjustments and ARPA allocations.
12. Approve Amendment No. 1 to Construction and Maintenance Agreement between the City and Southern California Regional Rail (SCRRA/Metrolink) for City Project No. CIP 20 -31 & CIP 20-35 Traffic Signal and Rail Crossing Safety Improvements at Pacific Avenue and Bogart Avenue.
It is recommended that the City Council
1. Approve Amendment No. 1 to the Construction and Maintenance Agreement between the City of Baldwin Park and Southern California Regional Rail Authority (SCRRA) subject to final language approved by the City Manager and City Attorney and authorize the Mayor to execute the Agreement; and
2. Authorize payment in the amount of $603,100.00 to SCRRA to cover construction cost increases of railroad signal improvements and the addition of the wireless crossing station stop related to the railroad improvements on Pacific Avenue between Bogart and Downing Avenue;
3. Authorize the Director of Finance to appropriate $981,000 from Measure M Bond, un - appropriate $700,000 from STPL funds, and make the necessary budget adjustments.
PUBLIC HEARING
13. Consideration of Adoption of an Urgency Ordinance No. 1512 Amending Sections 153.040.070, 153.070.020, 153.120.350, 153.120.360 and 153.120.370 of the Baldwin Park Municipal Code Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and Finding the Action to be Statutorily Exempt from CEQA Under Section 21080.17 of the Public Resources Code(Location: Citywide; Applicant: City of Baldwin Park; Case Number: AZC 24-04).
It is recommended that the City Council:
1. Waive further reading, read by title only and adopt Urgency Ordinance No. 1512 entitled, “AN
URGENCY ORDINANCE OF THE CITY OF BALDWIN PARK AMENDING
SECTION 153.040.070, 153.070.020, 153.120.350, 153.120.360 AND 153.120.370 OF THE
BALDWIN PARK MUNICIPAL CODE RELATING TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN RESPONSE TO CHANGES IN STATE LAW” and approve Zoning Code Text Amend application AZC 24-04.
2. Find the proposed ordinance is exempt from environmental review under the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs, tit. 14, §§ 15000 et seq.). Specifically, the ord inance is categorically exempt from CEQA under Guidelines Section 21080.17, which exempts the adoption of an Accessory Dwelling Unit ordinance to implement the provisions of Section 66310, et. seq. of the Government Code, and that therefore no environmenta l review under CEQA is required.
REPORTS OF OFFICERS
14. Approval of Employment Agreement with Ryan Mulligan for the position of Housing Manager It is recommended that the City Council
1. Approve the Agreement with Ryan Mulligan for the position of Housing Manager (subject to any non-substantive changes made by Chief Executive Officer and the City Attorney); and
2. Authorize the Mayor and City Clerk to execute Employment Agreement with Ryan Mulligan.
15. Receive and file the completed Transit Route Efficiency Study for the City of Baldwin Park’s Transit System prepared by Evan Brooks and Associates. Approve recommended changes and authorize the Acting Director of Public Works to publish a Request for Proposals for operation of the Transit System with new service recommendations as deemed appropriate by Council.
It is recommended that the City Council:
1. Receive and file attached Transit Route Efficiency Study for the City of Baldwin Park’s Transit System prepared by Evan Brooks and Associates (EBA).
2. Approve recommended changes to transit services as outlined in the Study.
3. Authorized the Acting Director of Public Works to prepare and publish a Request for Proposals (RFP) for Transit Services based on services recommendations as directed by Council and to undertake other steps necessary to finalize Council’s action.
16. Adopt Resolution No. 2024-050 Authorizing the Chief Executive Officer to Establish a Process for Street Name Changes to Conform with the City’s Street Naming Policy and Citywide Naming Policy and Rescind Resolution No. 92-108
It is recommended that the City Council:
1. Rescind and Repeal Resolution No. 92-108; and
2. Adopt Resolution No. 2024-050 Authorizing the CEO to Update the Process for Street Name Changes
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 – October 2024
Staff recommends that the Board receive and file the Treasurer’s Report for October 2024.
FINANCE AUTHORITY BOARD CONSENT CALENDAR
1. Treasurer’s Report FA – October 2024
Staff recommends that the Board receive and file the Treasurer’s Report for October 2024.
HOUSING AUTHORITY BOARD CONSENT CALENDAR
1. Baldwin Park Housing Authority’s Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register.
2. Treasurer’s Report HA – October 2024
Staff recommends that the Board receive and file the Treasurer’s Report for October 2024.
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION
Councilmember Avila requests consensus from the City Council to direct Staff to conduct a review of the City’s current policy as a “Sanctuary City” memorialized in Resolution No. 2017 -171 declaring the City of Baldwin Park a Sanctuary City for all residents, regardless of immigration status. It is an important reminder to ourselves and a reassurance to our City residents that our City welcomes, serves, and respects the contributions and the needs of all residents, regardless of immigration status.
Chief Executive Officer Zaldivar and Chief Deputy City Clerk Quinones would like to inform Council that the Official Election Results are not scheduled to be available until Thursday, December 5, 2024. In light of this, on December 11, 2024 at 6:00 p.m. w e will hold a Special Meeting for the swearing -in ceremony and reorganization of City Council Members. This will also provide Council ample time for Council to invite family and special guests.
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. Dated this 14TH day of November 2024.
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)