City Council

City of Passaic New Jersey Passaic City Council February 20, 2024 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED IN-PERSON AND VIRTUAL STREAMED VIA ZOOM ON TUESDAY, FEBRUARY 20, 2024 AT 7:00 P.M. WEATHERLY FRIAS, MUNICIPAL CLERK, READ THE FOLLOWING NOTICE INTO RECORD: GOOD EVENING, ON BEHALF OF THE GOVERNING BODY OF THE CITY OF PASSAIC WE WELCOME YOU TO THE FEBRUARY 20, 2024 CITY COUNCIL MEETING. IN ACCORDANCE WITH CHAPTER 231 PUBLIC LAWS OF 1975, ADEQUATE NOTICE OF THIS MEETING WAS PROVIDED BY RESOLUTION OF THE MUNICIPAL COUNCIL ADOPTED ON JUNE 13, 2023, SETTING FORTH THE SCHEDULE OF MEETINGS FOR THE YEAR 2023-2024; SAID NOTICE WAS PUBLISHED AND POSTED ON THE CITY HALL BULLETIN BOARD BY THE OFFICE OF THE CITY CLERK PLEASE BE FURTHER ADVISED THIS PUBLIC MEETING WILL BE CONDUCTED IN PERSON. THE ZOOM STREAM PROVIDED IS FOR VIEWING ONLY AND IS OFFERED TO THE PUBLIC AS A CONVENIENCE. ON FEBRUARY 7, 2024 PUBLIC NOTICE AND ZOOM INSTRUCTIONS FOR THIS MEETING WERE PUBLISHED IN THE HERALD NEWS AND POSTED ON THE CITY OF PASSAIC WEBSITE AT: WWW.CITYOFPASSAIC.COM (COUNCIL AGENDAS) INSTRUCTIONS ARE ALSO AVAILABLE ON THE LAST PAGE OF THIS AGENDA. PLEASE BE GUIDED ACCORDINGLY. ON CALL OF THE ROLL THE FOLLOWING COUNCIL MEMBERS RESPONDED: ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT X X ABSENT X X X ALSO PRESENT: Hector C. Lora, Mayor; Ricardo Fernandez, Business Administrator; Jonathan Frodella, City Attorney Invocation was rendered by Council Member Melo followed by the Pledge of Allegiance. PRESENTATION: CERTIFICATES OF RECOGNITION TO PASSAIC YOUTH WHO PARTICIPATED IN THE PASSAIC COUNTY ANNUAL POSTER CONTEST Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Followed by comments from the City Council MAYOR’S UPDATE Saturday, February 10, 2024 • The African American Black History Month Program was held in the Seniors Center, celebrating Black culture through a variety of activities, including African dance, poetry reading, monologues, signing performances and a multicultural feast. Display table with information included Black inventors; explorers and poets; 130 senior citizens attended and participated. Sunday, February 11, 2024 • The 7th Annual Superbowl Party for Homeless was a success, having clothes and free haircuts provided by Dynasty Haircuts and hairstyles by Rossie Barrales. • Food was provided by Jalapenos, Ricoy Pizzeria, and Ay Chihuahua! Restaurant. • Mayor Lora thanked Cindy Gomez, Weatherly Frias, Katherine Finn and the Fountain Church for their participation. March 2, 2024 • Read Across America will be held from 12:00 p.m. to 2:00 p.m. at Annabelle Shimkowitz Senior Center. Saturday January 27, 2024 • Passaic had its family festival with First Lady of the State of NJ Tammy Murphy at School No. 23 Muhammad Ali. Tuesday Jan 30, 2024 • In conjunction with the Municipal Clerk, we had a ceremony to recognize the Passaic High School students who completed the training as a board worker, and work for the General Election in November 2023. Council Member Munk joined at 7:18 p.m. Page 2 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC HEARING OF CITIZENS Council President Schaer opened the public portion of the Meeting with the following statement for the record: In Accordance with the Open Public Meetings Act (N.J.S.A. 10:4-1 et seq.). The Council opens every public meeting for comments of the public. However, in accordance with N.J.S.A. 10:4-12 “nothing in this Act shall be construed to limit the discretion of a public body to permit, prohibit or regulate the active participation at any meeting,” Therefore, the City Council will not entertain any comments from persons who communicate obscene material, make statements which are considered bias intimidation in which any person attempts to intimidate any individual or group because of race, color, religion, handicap, sexual orientation, or ethnicity or makes personally offensive or abusive, defamatory or profane comments, comments intending to harass or speak any offensive or abusive language. The person who makes these statements will relinquish their allotted five minutes for public discussion. Yosef Wolf • Questioned why the meeting was scheduled a day after a legal holiday, with the agenda posted only hours before the meeting. • Raised concerns about a simultaneous zoning meeting occurring. • Questioned Resolution #34, asking how a developer from Wayne, NJ, is receiving $2.5 million for a project. Shante Sapp • Concerned about a recent accident where a child and father were hit by a car on Summer St. near a school, with no safety guards present. • Requested a state mandate for pedestrian walkways near School No. 7 and suggested adding one at Willscot St. & Myrtle Ave. • Reported an open sewer at Main Ave. & Harrison St. near School No. 19 that needs repair. • Expressed concerns about disparities between Passaic Park and other areas regarding liquor stores and smoke shops. • Opposed a concession stand in Bragg’s Park, citing concerns about increased pollution and garbage. • Questioned why installed lights in Bragg’s Park are not being turned on. Page 3 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC • Reminded the council of a previous composting proposal for Passaic. Aryeh Mack • Reported reckless biker activity on Saturdays from 3-4 PM along Brook Ave, River Drive, and Main Ave, including wheelies and running red lights. • Stated that he has contacted Detective Rodriguez and the Police Department but remains unsure of further actions. Joe Conoscenti • Reported illegal parking on Irving Place near Broadway, where 10-20 cars park in a no-parking zone. • Raised concerns about garbage accumulation at 147- 149 Broadway, requesting city intervention for cleanup. • Noted unsafe construction conditions at Passaic Ave & Aycrigg Ave, requesting that the contractor fence off the area. • Mentioned a proposed law requiring e-bikes to be registered with the DMV. After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Colon-Montanez the public portion of the meeting was adjourned. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X ABSENT No X X response ORDINANCE FOR SECOND AND FINAL READING (HEARING IS REQUIRED) Council President Schaer called up for the second and final reading Ordinance entitled: Page 4 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC ORDINANCE NO. 2433-24 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER Council Member Love moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Colon- Montanez, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X ABSENT No answer X X After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Colon-Montanez the public portion of the meeting was closed. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X ABSENT X X X Council Member Love moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Melo and adopted upon a call of the roll. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X ABSENT X X X CITY OF PASSAIC ORDINANCE NO. 2434-24 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER Council Member Love moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Colon- Montanez, So Ordered. The Council President then announced Page 5 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X ABSENT X X X After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Melo the public portion of the meeting was closed. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X ABSENT X X X Council Member Love moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Melo and adopted upon a call of the roll. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X ABSENT X X X ADMINISTRATOR REPORT RE: TOWING • Positive: No one likes to get towed; gratitude– regulated fees being collected • The fees have been so low; the ability to go on more than one tow company for an incident where we needed to tow over 15 vehicles needed to be towed at once. COMMUNICATIONS AND PETITIONS: On a motion by Council Member Love and seconded by Council Member Colon-Montanez the following communications and petitions were received placed on file and approval granted Page 6 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Weatherly Frias, City Clerk, submitting an application for Raffle License for St. Anthony of Padua, 101-103 Myrtle Avenue, Passaic. Passaic Proof LLC, 33 Central Avenue, submitting an application to renew their Taxi Owner License for the year 2024. Grand Sarita, 82 President Street, submitting an application to renew their Entertainment License for the year 2024. The Castle Hall, LLC, 190 Passaic Street, submitting an application to renew their Entertainment License for the year 2024. Zuniga Entertainment, LLC t/a Fiesta Night Club, 115 President Street, submitting an application to renew their Entertainment License for the year 2024. D’ Bar Liquors. LLC, 898 Main Avenue, submitting an application to renew their Entertainment License for the year 2024. David’s Place, 361 Monroe Street, submitting an application to renew their Entertainment License for the year 2024. City of Passaic (Recreation), 330 Passaic Street, submitting the following applications: • Read Across America Event to held in the Passaic Senior Center, 330 Passaic Street, on March 2, 2024 from 12:00 p.m. to 2:00 p.m. • Spring Bunny Event, to be held in Third Ward Park on March 23, 2024 from 12:00 p.m. to 2:00 p.m. (Rain date: March 30, 2024) (Contingent Upon Departmental Approvals) Just Smile Booth Rental, 104 Central Avenue, submitting an application to hold a private party at the Indoor Facility, 380 Paulison Avenue, on March 16, 2024 from 4:00 p.m. to 6:00 p.m. (Contingent Upon Departmental Approvals) The Bayit Association, 1415 Queen Ann Road, Teaneck, NJ, submitting an application to hold a Wine Tasting Page 7 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Fundraiser, at Factory 220, 220 Passaic Street, on February 27, 2024 from 6 p.m. to 10:00p.m. (Contingent Upon Departmental Approvals) Rana Samaj USA, 53 Prospect Street, submitting an application to hold a Holi Festival of Colors, in Third Ward Park, April 7, 2024 from 10:00 a.m. to 3:00 p.m. (Contingent Upon Departmental Approvals) Our Lady of Fatima & St. Nicholas R.C. Church, 153 Washington Place, submitting the following applications: • Religious Procession, on March 29, 2024 from 12:00 p.m. to 1:30 p.m. Procession to commence on the corner of Exchange Place and Pennington Avenue travel to Passaic Street to William Street to Washington Place ending at 153 Washington Place. (Contingent Upon Departmental Approvals • Religious Procession, on May 13, 2024 from 7:00 p.m. to 7:20 p.m. Procession to commence on Ann Street travel to Columbia Avenue to Washington Place ending at 153 Washington Place. (Contingent Upon Departmental Approvals) ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X ABSENT X X X On a motion by Council Member Munk and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted • Passaic Board of Education, 663 Main Avenue, submitting an application to hold an Indoor Registration Blitz, at School No. 8 (100 4th Street), on February 26 to March 4, 2024 from 8:30 a.m. to 3:30 p.m. (Contingent Upon Departmental Approvals) ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X ABSTAIN X ABSENT X ABSTAIN X Page 8 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ALL MATTERS LISTED HEREUNDER ARE CONSIDERED ROUTINE IN NATURE AND WILL BE ENACTED BY ONE MOTION ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FOR SEPARATE CONSIDERATION. On a motion by Council Member Love and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted Mayor Hector C. Lora, submitting the following: • Memorandum reappointing Edwin Garcia to the Alcoholic Beverage Control Board term to commence immediately and expire June 30, 2024 • Memorandum appointing Mr. Jose Vargas. to the Alcoholic Beverage Control Board term to commence immediately and expire June 30, 2025 • Memorandum reappointing Judith Sanchez to the Alcoholic Beverage Control Board term to commence immediately and expire June 30, 2026 Ramirito Zuniga and Joanna C. Moran , 11 Van Winkle Avenue, Passaic NJ submitting the following: Notice to property owners within 200ft of Development: 568 Rivers Drive, 564 River Drive and 7 Union Avenue NJ (City of Passaic-Zoning Board Hearing – Scheduled for February 20, 2024) Brockerhoff Environment Services, LLC submitting the following re: Soil Remediation Action Permit Application & Protectiveness/Biennial Certification Industrial; Building @2 Brighton Avenue, Passaic, County, NJ NJDEP Program Interest #709336 NJ Transit, submitting notice of their March 8, 2024 Public Hearing –Regarding Proposed Changes to Rail, Bus, Access Link and Bus Contract Carriers Fares- Proposed Fare increase North Jersey Water Supply Commission, submitting the following: • Minutes of their December 20, 2023 meeting Passaic Valley Water Commission, submitting the following: Page 9 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC • Slate of Officers for the year 2024 • Notice of their Annual Meeting dates for the calendar year 2024 • Minutes of their December 20, 2023 regular public meeting • Notice of their February 28, 2024 regular public meeting Cablevision of Oakland, LLC submitting: • Notice of Public Hearing – In the Matter of the Application for Renewal of System Wide Cable Television Franchise of Cablevision of Oakland, LLC – BPU Docket NO. CE23120919- Hearing February 1, 2024 Alcoholic Beverage Control Board of the City of Passaic submitting the following: • Agenda of their February 15, 2024 meeting ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X ABSENT X X X On a motion by Council Member Melo and seconded by Council Member Munk the following communications and petitions were received placed on file and approval granted Passaic Board of Education submitting the following: • Notice of their Annual School Board Election and availability of Nominating Petitions ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X ABSTAIN X ABSENT X ABSTAIN X RESOLUTIONS: THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA Page 10 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON FEBRUARY 20, 2024, AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Council Member Love and seconded by Council Member Melo the following RESOLUTION WAS OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 24-02-048 2024 RESOLUTION AUTHORIZING A SHARED SERVICES AGREEMENT WITH DOWNTOWN MERCHANTS CORPORATION FOR LABORERS WHEREAS, City of Passaic and Downtown Merchants Corporation (“DMC”) wish to enter into the attached shared services agreement pursuant to NJSA 40A:65-1, et.seq.; and WHEREAS, under the attached shared services Agreement the City will furnish two (2) Laborers, to the DMC to provide services to the DMC for thirty five (40) hours per week for the period January 1, 2024 through December 31, 2024; and WHEREAS, the DMC will pay the City of Passaic $32,760.00 pro-rated, in exchange for such services for each Laborer. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to enter into a Shared Service Agreement with the Downtown Merchants Corporation for furnishing two (2) Laborers to the Downtown Merchants Corporation to provide services for the period of January 1, 2024 through December 31, 2024, subject to the terms and conditions thereof; and BE IT FURTHER RESPOLVED that the Mayor and City Clerk shall execute the Shared Services Agreement attached hereto; and Page 11 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC BE IT FURTHER RESOLVED that copies of this Resolution and a copy of the executed shared services Agreement shall be forwarded to the Downtown Merchants Corporation to commence the Shared Services Agreement; and BE IT FURTHER RESOLVED that a copy of this resolution and a copy of the Executed Shared Services Agreement shall be forwarded to the Division of Local Government Services pursuant to NJSA 40A:65-4. CITY OF PASSAIC RESOLUTION NO. 24-02-049 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE NJ CLEAN ENERGY PROGRAM’S COMMUNITY ENERGY PLANNING GRANT PROGRAM WHEREAS, a sustainable community seeks to ensure that its environmental, economic and social objectives are balanced and mutually supportive; and WHEREAS, the City of Passaic strives to assure clean land, air and water for current and future generations; and WHEREAS, New Jersey’s Energy Master Plan: Pathway to 2050 (“EMP”) established that community-level action is necessary to achieve the state’s goal of 100% clean energy by 2050; and WHEREAS, the New Jersey Board of Public Utilities has created a Community Energy Plan Grant program for municipalities to develop a community energy plan to meet the goals of the state’s Energy Master Plan; and WHEREAS, the City of Passaic is invested in developing a community energy plan to help the state achieve the goal of 100% clean energy by 2050; and Page 12 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the Community Energy Plan Grant program will help the City of Passaic to plan for and invest in renewable energy and to work towards a better environment for all residents by using the state’s Energy Master Plan (EMP) as a guide to develop sustainable strategies that increase clean energy production, reduce energy use, and cut emissions. THEREFORE, the Mayor and City Council of Passaic City has determined that the City of Passaic should apply for the aforementioned Community Energy Planning Grant program; and THEREFORE, the City of Passaic will commit to providing staff support for the duration of the Community Energy Planning process, including for gathering of relevant data and for convening at least one public meeting. THEREFORE, BE IT RESOLVED, that the Mayor and City Council of Passaic City, state of New Jersey, authorizes the submission of the aforementioned application to the NJBPU Community Energy Planning Grant program. CITY OF PASSAIC RESOLUTION NO. 24-02-050 RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR MUNICIPAL SUPPORT OF YES NJ LLC CANNABIS BUSINESS LICENSURE WHEREAS, Pursuant to N.J.A.C. 17:30-7.1, N.J.A.C. 17:30-7.8, and N.J.A.C. 17:30-7.10 applicants for cannabis business licenses (“license-applicants”) shall submit proof of local support in the form municipal approval as part of their application; and WHEREAS, pursuant to N.J.A.C. 17:30-5.1, N.J.A.C. 17:30-6.3 and the Notice of Application Acceptance adopted Page 13 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC by the New Jersey Cannabis Regulatory Commission (“Commission”) on November 9, 2021, municipalities may submit their preference for licensure to the Commission; and WHEREAS, pursuant to Passaic, New Jersey, Municipal Code art. IV, § 232-5 (2021), the City of Passaic authorizes a person to engage in cannabis business, including cultivation, manufacture, processing, laboratory testing, transporting, dispensing and distribution of cannabis or a cannabis product only if the person: (1) has a valid cannabis business permit or cannabis dispensary permit from the City of Passaic; and (2) is currently in compliance with all applicable laws and local laws and regulations pertaining to the cannabis business and the cannabis business activities, including the duty to obtain any required state licenses; and WHEREAS, pursuant to Passaic, New Jersey, Municipal Code art. IV, § 232-7 (2021), the City of Passaic has not imposed a maximum number of cannabis businesses that may be licensed to operate in the City at any given time; and WHEREAS, YES NJ LLC wishes to submit an application for City of Passaic’s support as part of its cannabis business license application; and WHEREAS, the license-applicant’s legal name under which it is registered to do business in the State of New Jersey is YES NJ LLC; and WHEREAS, YES NJ LLC wishes to cultivate and manufacture cannabis under New Jersey State License within the City of Passaic located at 168 Seventh Street, Passaic, New Jersey; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic hereby authorizes the Cannabis Cultivator license and Cannabis Manufacturer license being sought by YES NJ LLC to operate within the City of Passaic; and Page 14 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute any documents and/or undertake any and all such actions necessary to effectuate the purpose of this Resolution. CITY OF PASSAIC RESOLUTION NO. 24-02-051 RESOLUTION AUTHORIZING THE ADOPTION OF THE EMPLOYEE HANDBOOK OF THE CITY OF PASSAIC AND MEMORIALIZING THE CITY OF PASSAIC’S PERSONNEL POLICIES WHEREAS, the City of Passaic desires to adopt its Employee Handbook and memorialize its current personnel policies and procedures for its employees. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, County of Passaic, State of New Jersey, as follows: 1. The City of Passaic Employee Handbook, a copy of which is annexed hereto and made a part hereof, is hereby adopted and replaces all previous versions of the same. 2. The City of Passaic hereby memorializes all of its current personnel policies and procedures as contained in the Employee Handbook, as well as such other additional personnel policies that have been adopted by the City of Passaic. 3. This Resolution shall take effect immediately. Page 15 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 24-02-052 RESOLUTION AWARDING CONTRACT FOR 2022 CDBG OAK STREET STORM SEWER & GREGORY AVENUE SANITARY SEWER IMPROVEMENTS WHEREAS, bids were received by the Director of Purchasing on Tuesday, February 6, 2024, for 2022 CDBG Oak Street Storm Sewer & Gregory Avenue Sanitary Sewer Improvements; and WHEREAS, bids were received as per the attached; and WHEREAS, a full list of vendors that downloaded specifications from the website can be obtained from the Purchasing Department; and WHEREAS, the lowest responsible, responsive bid was received from John Garcia, Clifton, NJ in the amount of $420,461.55; and WHEREAS, it is the recommendation of Neglia Engineering, Lyndhurst, NJ that the Contract for 2022 CDBG Oak Street Storm Sewer & Gregory Avenue Sanitary Sewer Improvements be awarded to John Garcia Construction, Clifton, NJ in the amount of $420,461.55; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the Contract for 2022 CDBG Oak Street Storm Sewer & Gregory Avenue Sanitary Sewer Improvements be awarded to John Garcia Construction, Clifton, NJ in the amount of $420,461.55. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by the City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Acct # B-12-48-BG2- 012-9RD. Page 16 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 24-02-053 RESOLUTION AWARDING CONTRACT FOR DESIGN AND CONSTRUCTION MANAGEMENT FOR HAMMOND AVENUE DRAINAGE IMPROVEMENTS WHEREAS, proposals were received by the Director of Purchasing on Thursday, January 4, 2024, for Design and Construction Management for Hammond Avenue Drainage Improvements; and WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq; and WHEREAS, proposals were received as per the attached; and WHEREAS, a list of proposals that were downloaded from the City of Passaic’s website can be found in the Purchasing Department Office; and WHEREAS, it is the recommendation of Neglia Engineering, Lyndhurst, NJ that the Contract for Design and Construction Management for Hammond Avenue Drainage Improvements be awarded to NV5, Inc. of Parsippany, NJ for Phase 1 – Final Design, Bid Plans, Specifications, and Cost Estimate in an amount not to exceed $64,100.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Design and Construction Management for Hammond Avenue Drainage Improvements be awarded to NV5, Inc. of Parsippany, NJ for Phase 1 –Final Design, Bid Plans, Specifications, and Cost Estimate in an amount not to exceed $ 64,100.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract on a form approved by City Attorney. Page 17 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CERTIFICATION OF FUNDS Funds for the above are available in American Rescue Plan Acct. #G-02-40-021-ARP-020 CITY OF PASSAIC RESOLUTION NO. 24-02-054 RESOLUTION AWARDING CONTRACT FOR LEASING OF COPIER MACHINES WHEREAS, the City of Passaic wishes to enter into a contract for leasing of Thirty-Three (33) Copier Machines (inclusive of toner and maintenance service calls) with the following vendors under the following State Contracts; VENDOR STATE CONTRACT # Ricoh USA, New York, NY A40467 Kyocera Document Solutions, Atlanta, GA A40465 WHEREAS, N.J.S.A. 40A:11-12 authorizes the purchase of any materials, supplies or equipment under NJ State Contract entered on behalf of the City and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, the cost of leasing the Thirty-three (33) copiers is approximately $ 68,000.00 (inclusive of toner and maintenance service calls) for the 2024 calendar year; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to Ricoh USA, New York, NY, and Kyocera Document Solutions, Atlanta, GA in an approximate amount of $ 68,000.00 (inclusive of toner and maintenance service calls) for the 2024 calendar year. Page 18 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by the City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in various departments. Comment from Councilman Munk: Is there a reason why the terminology was changed from “amount not to exceed” to “approximate?” CITY OF PASSAIC RESOLUTION NO. 24-02-055 RESOLUTION AUTHORIZING THE EXTENSION OF CURRENT CLEANING SUPPLIES CONTRACT FOR CITY OF PASSAIC WHEREAS, the City of Passaic wishes to purchase Cleaning Supplies offered under the Educational Services Commission of New Jersey Cooperative #ESCNJ 21/22-18 from Spruce Industries of Rahway, NJ; and WHEREAS, said contract has been extended through January 21, 2025; and WHEREAS, N.J.S.A.40A:11-2 authorizes the purchase of any materials, supplies or equipment under Cooperative Purchasing entered on behalf of the State by the Division of Purchase and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, it is the recommendation of Doris Dudek, Director of Purchasing, that the contract for Cleaning Supplies be awarded to Spruce Industries from January 1, 2024, through January 21, 2025, in an approximate amount of $ 58,000.00. Page 19 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract for Cleaning Supplies offered under the Educational Services Commission of New Jersey Cooperative #ESCNJ 21/22-18 be awarded to Spruce Industries of Rahway, NJ in an approximate amount of $ 58,000.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Acct. #4-01-26- 310-000-035. Funds for the subsequent budget year are available, providing that the budget is approved by the governing body. CITY OF PASSAIC RESOLUTION NO. 24-02-056 RESOLUTION AUTHORIZING AN AGREEMENT WITH TWINS INVESTMENT & DEVELOPERS, LLC. TO RECEIVE UP TO $2.5 MILLION IN HOME FUNDS FROM THE CITY OF PASSAIC FOR DEVELOPMENT OF AN AFFORDABLE RENTAL PROJECT WHEREAS, an affordable housing proposal has been received from Twins Investment & Developers, LLC located at 68 Allen Drive, Wayne, New Jersey, 07470, requesting HOME funding in an amount not to exceed TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) to be used towards the new construction of a twelve (12) unit rental apartment complex; and WHEREAS, the project is located on Block 4108 and Lot 6; 199 Lexington Avenue in the City of Passaic, New Jersey; and Page 20 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, all twelve (12) of the rental units will be made available to households that qualify as low-moderate income pursuant to 24 CFR 92.254; and WHEREAS, the twelve (12) units will consist of 2 -bedroom/1 bathroom and 10 2-bedroom/1 bathroom rental units, with a central laundry room in the building; benefiting low-to moderate income households families seeking affordable housing; and WHEREAS, the project will be imposed by a deed restriction to remain affordable for a period of twenty (20) years and as is standard practice; and WHEREAS, the Sponsor will leverage HOME funds with EIGHT HUNDRED TWENTY FIVE THOUSAND DOLLARS ($825,000.00) in developer equity funds from private sources; and WHEREAS, the Sponsor will produce evidence in the form of written assurances to the City that the equity will be invested in the project prior to the City’s funds being invested in the project; as well as committed to cover the expense of any cost overruns; and WHEREAS, the City will require the Sponsor to enter into a construction guaranty for the completion of the project; and WHEREAS, to limit the Sponsor’s ability to realize a cash windfall by taking out a loan against the Subject Property, the City will place a first mortgage lien on the Subject Property that prohibits financing against the property without repayment of a to be determined portion of the HOME funds; and WHEREAS, if at any time during the affordability period, should the Sponsor wish to leverage the Subject Property, the City will make the determination of the amount of cash the Sponsor can realize and maintain a reasonable return Page 21 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Passaic hereby authorizes Twins Investment & Developers, LLC receive an amount not to exceed TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) in HOME funding for development of the affordable housing activity related to the proposed twelve (12) unit affordable rental project located at Block 4108, and Lot 6; 199 Lexington Avenue in the City of Passaic, New Jersey. Councilman Munk: What’s the process? CITY OF PASSAIC RESOLUTION NO. 24-02-057 RESOLUTION DIRECTING A RECOMMENDATION FROM THE PASSAIC CITY PLANNING BOARD REGARDING BLOCK 4099 LOTS 21, 24, AND 26 AS AN AREA IN NEED OF REDEVELOPMENT/REHABILITATION (206, 212, AND 216 PRESIDENT STREET) WHEREAS, it has been determined by the planning officials of the City of Passaic that certain properties located at 206, 212, and 216 President Street (Block 4099 Lots 21, 24, and 26) in the City of Passaic qualify as an area in need of redevelopment/rehabilitation under the conditions for determination for redevelopment/ rehabilitation in N.J.S.A. 40:12A-14; and WHEREAS, those conditions are that: (1) a program of rehabilitation is expected to prevent further deterioration and promote the overall development of the community; and (2) the designation will prevent vacancy of properties; and, (3) to prevent the deterioration which would accompany any vacancy; and Page 22 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, this designation as an area in need of redevelopment/rehabilitation is not intended to confer the power of condemnation; and WHEREAS, the City of Passaic is encouraging the redevelopment/rehabilitation of the aforementioned property; and WHEREAS, a designation of an area in need of redevelopment/rehabilitation would assist the City and potential developers in the rehabilitation of the area. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic refers to the Planning Board of the City of Passaic, this matter directing a recommendation after an Investigation on Designating Block 4099 Lots 21, 24, and 26 (206, 212, and 216 President Street) as an Area in Need of Redevelopment/ Rehabilitation. CITY OF PASSAIC RESOLUTION NO. 24-02-058 RESOLUTION TO ADOPT PROCEDURES FOR ADMINISTRATION AND INSPECTION OF FEDERAL AID HIGHWAY PROJECTS WHEREAS, the Federal Highway Administration (FHWA) provides opportunities for Local Public Agencies (LPA), such as the City of Passaic, to receive Federal Aid Highway Program (FAHP or federal-aid) funds through New Jersey Department of Transportation (NJDOT); and WHEREAS, the City of Passaic is presently the recipient of federal-aid funds through a project awarded under the NJDOT Transportation Alternatives Program (TAP) for the City’s Passaic City Improvements (AKA Pulaski Park Transit Railroad Improvements) 2020 TAP project; and WHEREAS, the City of Passaic as an LPA, is responsible for administering federal-aid funded projects in Page 23 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC compliance with all federal-aid requirements established by the FHWA; and WHEREAS, the NJDOT, through its Stewardship Agreement with FHWA, is responsible for ensuring that the City of Passaic is adequately staffed and suitably equipped to undertake federal-aid projects, and ensure that federal requirements are met; and WHEREAS, the City of Passaic, as required by the NJDOT, has developed a Policy outlining the required procedures for the Administration of Federally Funded Transportation Projects administered through the NJDOT; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Passaic, County of Passaic, State of New Jersey, that the City of Passaic adopts the policy entitled, “City of Passaic Procedure for Administration and Inspection of federal Aid Highway Projects” dated December, 2023. I, Weatherly Frias, Municipal Clerk of the City of Passaic, do hereby certify that the foregoing resolution was duly adopted at a Regular Meeting of the Council of the City of Passaic held this 20th day of February, 2024. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 20th day of February, 2024. CITY OF PASSAIC RESOLUTION NO. 24-02-059 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ACCEPT A GRANT FROM THE PASSAIC COUNTY DEPARTMENT OF HUMAN SERVICES LOCAL STATION HOUSE ADJUSTMENT PROGRAM FUNDING WHEREAS, the City of Passaic desires to accept a grant from the Passaic County Department of Human Services for the Station House Adjustment Program; and Page 24 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, such grant is in the amount of $50,000.00 and covers the period of January 1st, 2024 through December 31st 2024; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized to accept a grant from the Passaic County Department of Human Services in the amount of $50,000.00; and BE IT FURTHER RESOLVED THAT the Mayor and Clerk are hereby authorized to execute the required Contract Agreement and/or take all other steps necessary to effectuate the receipt of the grant monies. CITY OF PASSAIC RESOLUTION NO. 24-02-060 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS 2024 LOCAL RECREATION IMPROVEMENT GRANT PROGRAM WHEREAS, the City of Passaic desires to apply for and obtain a grant from the New Jersey Department of Community Affairs Local Recreation Improvement Grant for approximately $100,000.00 in order to enhance the recreational opportunities for our residents by supporting the Mayor’s Blue Parks Initiative; and WHEREAS, the City of Passaic does hereby authorize the application for such a grant and recognizes and accepts that the Department may offer lesser or a greater amount upon receipt of the grant agreement from the New Jersey Department of Community Affairs; and BE IT THEREFORE RESOLVED, that the City of Passaic does further authorize the execution of any such grant agreement; and also, upon receipt of the executed Page 25 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the City of Passaic and the New Jersey Department of Community Affairs; and BE IT FURTHER RESOLVED, that the persons whose names, titles, and signatures appear below are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement and any other documents necessary in connection therewith: ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X ABSENT No X X response Councilman Garcia – technical difficulties Council President Schaer called for a recess at 8:55 p.m. On a motion by Council Member Love and seconded by Council Member Melo the council meeting was reconvened at 9:05 p.m. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X ABSENT X X X ORDINANCE FOR INTRODUCTION AND FIRST READING Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2435-24 ORDINANCE AMENDING CHAPTER 317, “ZONING”, ARTICLE III “DEFINITIONS AND WORD USAGE”, SECTION 317-10 “DEFINITIONS”, ARTICLE VI “CONDITIONAL USES”, SECTION 317-16 “ALL ZONES” AND ARTICLE IV “SCHEDULE OF REGULATION”, SECTION 317-11 “ADOPTION OF SCHEDULE” OF THE CITY OF PASSAIC CODE TO PERMIT ACCESSORY DWELLING UNITS IN ALL ZONING DISTRICTS Page 26 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, pursuant to N.J.S.A.40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and WHEREAS, the City Code of the City of Passaic, Chapter 317, “Zoning,” Article III “Definitions and Word Usage” Section 317-10 “Definitions”, Article VI “Conditional Uses” Section 317-16 “All Zones” and Article IV, “Schedule of Regulations” Section 317-11 “Adoption of Schedule” sets forth permitted and conditional use regulations throughout the City of Passaic Zoning Districts; and WHEREAS, Mayor Hector C. Lora wishes to amend the zoning ordinance to permit accessory units for the creation of additional affordable housing opportunities in all zoning districts; and WHEREAS, the lack of affordable units throughout the nation has led to the displacement of many families; and WHEREAS, Mayor Hector C. Lora wishes to address the growing need for affordable units within the City; and WHEREAS, expanded housing options improve quality of life day to day and increases accessibility for economic opportunities; and NOW THEREFORE, IT IS ORDAINED that the City Council of the City of Passaic hereby accepts the ordinance amendment below and as attached for Chapter 317, “Zoning,” Article III “Definitions and Word Usage” Section 317-10 “Definitions”, Article VI “Conditional Uses” Section 317- 16 “All Zones” and Article IV, “Schedule of Regulations” Section 317-11 “Adoption of Schedule”, “Attachment 4 Schedule of Regulations Part 1” for first reading; and Page 27 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC BE IT FURTHERED ORDIANED, by the City Council of the City of Passaic that the zoning ordinance amendments below and as attached are hereby referred to the City of Passaic Planning Board for its review in accordance with N.J.S.A. 40:55-26a. SECTION 1 317-10 Definitions amended to include the following definitions: ACCESSORY DWELLING UNIT (ADU), a residential living unit that is within or attached to a single –family or two-family dwelling, and that provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation on the same parcel of land as the principal dwelling unit it accompanies. 317-11 Schedule of Regulations is amended to include the following: Accessory Dwelling Unit as a permitted conditional use in all zones see “Attachment 4- Schedule of Regulations Part 1” as amended 317-16 All Zones is amended to include the following: G. Accessory Dwelling Unit (1) The residence for which the permit is sought shall be a one-family or two-family residence (2) In no case shall an accessory unit eliminate any of the existing on-site parking on the lot (3) The accessory dwelling must be located in an attic, basement, ground floor below the primary unit, and/or above a garage. (4) In no case shall the ADU be more than 50% of the living area of a principal dwelling unit, but no less than 300 square feet, nor have more than three bedrooms. (5) The accessory dwelling may not be situated or contained within a cellar (6) There shall be no more than two accessory dwelling units per lot (7) An accessory dwelling unit that is attached to the principal single-family Page 28 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC and/or two-family dwelling shall utilize the same exterior materials and colors as the principal dwelling. The ADU shall preserve the physical housing stock and the architectural and landscaping character of residential neighborhoods. (8) The accessory dwelling unit shall be used only for residential purposes (9) Every accessory dwelling unit must contain a 10 year deed restricted affordability period a) Tenants for each accessory unit cannot exceed the maximum income limits as established annually by the U.S. Department of Housing and Urban Development (HUD) b) Rents for each accessory unit cannot exceed the rental limits as established annually by the U.S. Department of Housing and Urban Development (HUD) (10) No accessory structure may be built on any lot on which there is no principal building or structure (11) Accessory structures shall not exceed the maximum height permitted in the zone for a one and/or two-family structure. SECTION II If any section or provision of this ordinance shall be invalid in any court the same shall not affect the other sections or provisions of this ordinance except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. SECTION III All ordinances or parts of ordinances to inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION IV This ordinance shall take effect upon publication as provided by law. Council Member Colon-Montanez moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on March 19, 2024. ROLL CALL Page 29 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X ABSENT X X X Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2436-24 ORDINANCE AMENDING CHAPTER 317, “ZONING”, ARTICLE VIII “SITE PLAN APPROVAL”, ADDING SECTION 317-30 “AFFORDABLE HOUSING MANDATORY SET-ASIDE” WHEREAS, pursuant to N.J.S.A.40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and WHEREAS, the City Code of the City of Passaic, Chapter 317, “Zoning,” Article VIII “Site Plan Approval” adding Section 317-30 “Affordable Housing Mandatory Set-Aside” setting forth that any site of a multifamily residential or mixed use development of five (5) residential dwelling units or more that receives a site plan approval by the City of Passaic Planning Board or Zoning Board of Adjustment will produce affordable housing units at a set- aside rate of 20% of for sale units and 15% for rental units; and WHEREAS, Mayor Hector C. Lora wishes to amend the zoning ordinance for the creation of additional affordable housing opportunities in all multifamily developments of five (5) dwelling units or more; and Page 30 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the lack of affordable units throughout the nation has led to the displacement of many families; and WHEREAS, Mayor Hector C. Lora wishes to address the growing need for affordable units within the City; and WHEREAS, expanded housing options improve quality of life day to day and increases accessibility for economic opportunities; and NOW THEREFORE, IT IS ORDAINED that the City Council of the City of Passaic hereby accepts the ordinance amendment below for Chapter 317, “Zoning,” Article VIII “Site Plan Approval” adding Section 317-30 “Affordable Housing Mandatory Set-Aside”; and BE IT FURTHERED ORDAINED, by the City Council of the City of Passaic that the zoning ordinance amendments below are hereby referred to the City of Passaic Planning Board for its review in accordance with N.J.S.A. 40:55-26a. SECTION 1 317-30 Affordable Housing Mandatory Set-Aside. A. This section is intended to ensure that any property that benefits from a site plan approval by the City of Passaic Planning Board or Zoning Board of Adjustment that results in a multifamily residential or mixed use development of five (5) dwelling units or more produces affordable housing at a set-aside rate of twenty percent (20%) for affordable for-sale units and at a set-aside rate of fifteen percent (15%) for affordable rental units. B. Mandatory Set-Aside Requirements: (1) Any multifamily or single family attached residential development, including the residential portion of a mixed-use project, that is approved to contain five (5) or more new dwelling units as a result of a site plan approval by the Page 31 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC City of Passaic Planning Board or Zoning Board of Adjustment shall be required to set aside twenty percent (20%) of for-sale units and fifteen percent (15%) for projects in which the low and moderate income units are to be offered for rent. Where a set-aside percentage results in a fractional unit, the total set-aside requirement shall be rounded upwards to the next whole number. (2) In the event that there is more than one affordable unit, the developer shall provide a mix of bedroom unit types among the affordable units in conjunction with the following bedroom distribution: a) No more than 20% of dwelling units within one building shall consist of one-bedroom units and studios; b) At least 30% of all dwelling units are two-bedroom units; c) At least 20% of all dwelling units are three-bedroom units unless the market rate component of the project does not include three bedroom units; and d) The remainder, if any, may be allocated at the discretion of the applicant (3) The maximum income limits for the affordable units are as established annually by the U.S. Department of Housing and Urban Development (HUD). (4) The Maximum rental limits are as established annually by the U.S. Department of Housing and Urban Development (HUD). (5) A 20 year deed restriction must be placed on each affordable unit (6) This section does not apply to developments containing four (4) dwelling units or less. (7) This section does not apply to any sites for which standards have been established by an adopted redevelopment plan. Page 32 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC (8) Applicants can receive up to a 20% density bonus for affordable units created above the mandatory minimum established by this section (9) This requirement does not create any entitlement for a property owner or applicant for subdivision or site plan approval, a zoning amendment, use variance, or adoption of a redevelopment plan in an area in need of redevelopment or rehabilitation, or for approval of any particular proposed project. (10) All site plan approvals of qualifying residential developments shall be conditioned upon compliance with the provisions of this section. SECTION II If any section or provision of this ordinance shall be invalid in any court the same shall not affect the other sections or provisions of this ordinance except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. SECTION III All ordinances or parts of ordinances to inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION IV This ordinance shall take effect upon publication as provided by law. Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Colon-Montanez the public hearing be held on March 19, 2024. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X ABSENT X X X Page 33 of 40  Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2437-24 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER WHEREAS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per last ordinance was 401 Handicapped Parking Spaces. WHEREAS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per this ordinance is 399 Handicapped Parking Spaces. BE IT ORDAINED by the City Council of the City of Passaic and State of New Jersey that Chapter 295 ARTICLE XII Schedule XV shall be amended as follows: SECTION 1 295-32.2.Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number shall be amended by the deletion of the following: DELETION: NAME OF STREET SIDE LOCATION PLATE # 480 Brook Avenue East Beginning at a point 325 3110HH feet south of the southerly curbline of Broadway and extending to a point 20 feet southerly therefrom 191 Grove Street West Beginning at a point 245 H33JVD feet south of the southerly curbline of Oak Page 34 of 40  Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Street and extending to a point 25 feet southerly therefrom 64 Hamilton East Beginning at a point 50 B25MKX Avenue feet north of the northerly curbline of Madison Street and extending to a point 22 feet northerly therefrom 24 Liberty East Beginning at a point 74 X59DSW Street feet south of the southerly curbline of Howe Avenue and extending to a point 22 feet southerly therefrom 25 Linden Street West Beginning at a point 113 5808HC feet south of the southerly curbline of Howe Avenue and extending to a point 24 feet southerly therefrom 405 Monroe South Beginning at a point 119 M43LWT Street feet east of the easterly curbline of Myrtle Avenue and extending to a point 24 feet easterly therefrom 292 Paulison South (Across of Street) E13DAE Avenue Beginning at a point 135 feet east of the easterly curbline of Broadway and extending to a point 22 feet easterly therefrom 320 Paulison East Beginning at a point 252 W51NEM Avenue feet south of the southerly curbline of Lincoln Street and Page 35 of 40  Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC extending to a point 22 feet southerly therefrom 13 Pine Street South Beginning at a point 125 G44FCF feet north of the northerly curbline of McKinley Street and extending to a point 22 feet northerly therefrom 215 Randolph West Beginning at a point 280 A38LBH Street feet south of the southerly curbline of Oak Street and extending to a point 25 feet southerly therefrom 145 Sherman South Beginning at a point 184 P24PEY Street feet west of the westerly curbline of Lexington Avenue and extending to a point 22 feet westerly therefrom SECTION 2 295-32.2.Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number shall be amended by the addition of the following: ADDITION: NAME OF STREET SIDE LOCATION PLATE # 191 Grove Street West Beginning at a point 245 K91RAV feet south of the southerly curbline of Oak Street and extending to a point 25 feet southerly therefrom 64 Hamilton East Beginning at a point 50 R88UDR Avenue feet north of the northerly curbline of Page 36 of 40  Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Madison Street and extending to a point 22 feet northerly therefrom 24 Liberty East Beginning at a point 74 C57HMY Street feet south of the southerly curbline of Howe Avenue and extending to a point 22 feet southerly therefrom 25 Linden Street West Beginning at a point 113 T89SHE feet south of the southerly curbline of Howe Avenue and extending to a point 24 feet southerly therefrom 282 Paulison East Beginning at a point 122 A62UCG Avenue feet south of the southerly curbline of Broadway and extending to a point 22 feet southerly therefrom 292 Paulison South (Across of Street) UW32PJ Avenue Beginning at a point 135 feet east of the easterly curbline of Broadway and extending to a point 22 feet easterly therefrom 320 Paulison East Beginning at a point 252 J15UBK Avenue feet south of the southerly curbline of Lincoln Street and extending to a point 22 feet southerly therefrom 13 Pine Street South Beginning at a point 125 D91SVU feet north of the northerly curbline of McKinley Street and Page 37 of 40  Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC extending to a point 22 feet northerly therefrom 145 Sherman South Beginning at a point 184 E83SJD Street feet west of the westerly curbline of Lexington Avenue and extending to a point 22 feet westerly therefrom Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Colon-Montanez the public hearing be held on March 19, 2024. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X ABSENT X X X Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2438-24 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS WHEREAS the total number of restricted parking for use by Handicapped Persons as per last ordinance was 23 Generic Handicapped Parking Spaces. WHEREAS the total number of restricted parking for use by Handicapped Persons as per this ordinance is 22 Generic Handicapped Parking Spaces. BE IT ORDAINED by the City Council of the City of Passaic and State of New Jersey that Chapter 295 (Part 2 - Art. XIII, Section 295-33) shall be amended as follows: Page 38 of 40  Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC SECTION 1 295-33 Article XIII: Restricted Parking for Handicapped Persons shall be amended by the deletion of the following: NAME OF STREET SIDE LOCATION 282 Paulison Avenue East Beginning at a point 122 feet south of the southerly curbline of Broadway and extending to a point 22 feet southerly therefrom Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on March 19, 2024. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X ABSENT X X X PAYMENT OF BILLS On a motion by Council Member Colon-Montanez and seconded by Council Member Love, the PAYMENT OF BILLS was accepted and approved. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X ABSENT X X X MAYOR’S REPORT • The state is considering having legislation requiring electric bikes to have insurance. • Student vans have temporary approval to park overnight in driveways until June. Page 39 of 40 Passaic City Council Minutes: February 20, 2024 Approved: June 18, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ADJOURNMENT There being no further business to come before the Council, on a motion by Council Member Colon-Montanez and seconded by Council Member Love the meeting was adjourned at 10:53 p.m. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X ABSENT X X X ATTEST: APPROVED: Weatherly Frias, Gary S. Schaer, Municipal Clerk Council President Page 40 of 40