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Home My WebLink About2023 01 18 CC MIN��111111 �'rm 1�� mrtmr�� NW, - Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Emmanuel J. Estrada Monica Garcia Alejandra Avila Jean M. Ayala Daniel Damian These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order at approximately 7: 1 Op.m. by Mayor Estrada. INVOCATION The invocation was provided by Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Pastor Jackson. ROLL CALL City Clerk Saenz performed roll call: MEMBERS: Council member Alejandra Avila (present) Council member Jean M. Ayala (present) Council member Daniel Damian (present - Teleconference) Mayor Emmanuel J. Estrada (present) Mayor Pro Tem Monica Garcia (present - Teleconference) REPORT FROM CLOSED SESSION City Attorney Marco A. Martinez announced all members of the Council were present. Councilmember Damian did not participate in the following Case No. 21 STCV073 82 and 21 STCV34473. Councilmember Ayala did not participate in the following Case No. 2:22-cv-0 1069- I Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case: Kuberry, Hemenway, Findley v. City of Baldwin Park Case No. 21STCV07382 Settlements were finalized December 21, 2022. Case: Cetina, Huerta, Jimenez, Parra, Real, Valdivia v. Case No. 22STCV14121 City of Baldwin Park No reportable action. Case: Mathew Rodriguez v. City of Baldwin Park Case No. 2:22-cv-01069- No reportable action. Case: Tuan Le v. City of Baldwin Park Settlement have been finalized. Case: Rukli, Inc. v. City of Baldwin Park No reportable action. 2. Conference with Real Property Negotiators Pursuant to California Government Code Section 54956.8: City Negotiators: Property Address: Negotiating Parties: Under Negotiation: No reportable action. Case No. 21STCV34473 Case No. 22STCV28634 Enrique C. Zaldivar, Chief Executive Officer 4161 Baldwin Park Blvd., Baldwin Park, CA Kidder Matthews — Eric Knowles Price and Terms for Possible Purchase of Property Mayor Estrada adjourned Special Meeting at approximately 7:17p.m. 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 Grant Presentation — Affordable Housing and Sustainable Communities Program — Presented by Ron Garcia Director of Community Development and Cesar Toledo Cesar Chavez Foundation PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at approximately 7:25 p.m. The following spoke during Public Communications: 1. Katherine Looser 2. Bob Cruz 3. Jimmy from Jimmys Bikes 4. Rene Zepeda 5. Rodolpho Cortez 6. Nathanal Soil 7. John Rios 8. Greg Tuttle 9. Abel 10. Julio Ramirez Mayor Estrada closed public communications at approximately 7:57 p.m.. 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. 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 Councilmember Avila to adopt Motioned. AYES: Estrada, Avila, Ayala, Damian [4 — 0]. Passes. 2. Treasurer's Report — November 2022 Motion to receive and file the Treasurer's Report for November 2022. MOTION: It was moved by Emmanuel Estrada, seconded by Councilmember Avila to adopt Motioned. AYES: Estrada, Avila, Ayala, Damian [4 — 0]. Passes. 3. Adopt Resolution No. 2023-001 Setting the Appropriations Limit for Fiscal Year 2022-23 Motion to adopt Resolution No. 2023-001 setting the Appropriations Limit for Fiscal Year 2022- 23 at $94,547,647. MOTION: It was moved by Emmanuel Estrada, seconded by Councilmember Avila to adopt Motioned. AYES: Estrada, Avila, Ayala, Damian [4 — 0]. Passes. 4. Adoption of Resolution No. 2023-002 to Continue Conducting City Council/Commission/Board Meetings Remotely in Accordance with the Brown Act Executive Order and AB 361 Motion to adopt Resolution No. 2023-002 to continue conducting City Council/Commission/Board Meetings remotely in accordance with the Brown Act executive orders and AB 361 (covering meetings for the month of February 2023 and retroactively the time period from December 17, 2022 through January 18, 2023). MOTION: It was moved by Emmanuel Estrada, seconded by Councilmember Avila to adopt Motioned. AYES: Estrada, Avila, Ayala, Damian [4 — 0]. Passes. 5. Approval of Amendment Number 1 to the Consultant Services Agreement with Terra Realty Advisors Inc. to provide various real estate services related to outdoor advertising billboard signs Motion to approve Amendment Number 1 to the existing agreement with Terra; and Authorize the Mayor to execute the Amendment. Authorize the Director of Finance Director to make the necessary appropriations and budget adjustments. MOTION: It was moved by Emmanuel Estrada, seconded by Councilmember Avila to adopt Motioned. AYES: Estrada, Avila, Ayala, Damian [4 — 0]. Passes. 6. Claim Rejection Motion to reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s):Re: K8 Investor Holdings, LLC ("Claimant") - On October 20, 2022, Claimant presented a claim for, among other things, inverse condemnation; intentional interference with contractual and prospective and economic relationship; fraud ("Tort Claim"). This Tort Claim is untimely. The Development Agreement with Kultiv8 Group, LLC (predecessor owner of Claimant) was approved on May 2, 2018 by the City Council; therefore, the Tort Claims should have been presented on or about November 2, 2018. Staff recommends that this Tort Claim be rejected, as untimely, with the Notice of Rejection set forth below. Re: DJCBP Corporation dba Tier One Consulting and David Ju ("Claimants") -Can October 26, 2022-Claimants presented a claim for what appears to be: Civil RICO; Fraud; Negligence; Conversion; Rescission; Declaratory Relief, Unfair Business Practices; Financial Elder Abuse ("'Fort Claims"; see letter from David Torres- S iegrist, Esq., dated September 22, 2022). This Tort Claim is untimely. The Development Agreement with Claimants was approved on April 3, 2019 by the City Council; therefore, the Tort Claims should have been presented on or about October 3, 2019. Staff recommends that this Tort Claim be rejected, as untimely, with the Notice of Rejection set forth below. This govermuent 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 Councilmen-ibers 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 of private comments are made about this claim by City staff or Councilmembers. MOTION: It was moved by Emmanuel Estrada, seconded by Councilluen-lber Avila to adopt Motioned, AYES: Estrada, Avila, Ayala, Damian [4 — 0]. Passes. �I I �� iii 1,1111 � 11[00 11 1111 W I I I a 11 RhIMP COMMUNITY DEVELOPME NT COMMISSION SA 1. Treasurer's Report SA — November 2022 Motion to receive and file the Treasurer's Report for November 2022. MOTION: It was moved by Emmanuel Estrada, seconded by Councilmember Avila to adopt Motioned. AYES: Estrada, Avila, Ayala, Damian [4 — 0]. Passes. CITY COUNCIL / CITY CLERIC / CITY TREASURER / STAFF RE, QUESTS & COMMUNICATION Chief Executive Officer Enrique C. Zaldivar, Mayor Estrada and Councilmember Ayala provided cormnunications. ADJOURNMENT Motion was made by Mayor Estrada, second by Councilmember Avila, to adjourn the meeting at 8:25 p.m - Christopher Saenz, City Clerk Approved: April 5,2023