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HomeMy WebLinkAbout2019 06 19NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, June 19, 2019 at 5:30 PM. at City Hall — 31d Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: June 13th, 2019. Manuel Lozano Mayor AFFIDAVIT OF POSTING I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park hereby certify 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 24 hours prior to the meeting of June 19, 2019. Lourdes Morales, Chief Deputy City Clerk AGENDA BALDWIN PARK CITY COUNCIL SPECIAL MEETING Please note time and meeting JUNE 19, 2019 location 5:30 PM CITY HALL - 3r°' Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 H U B O F .... SAN�,CaAE KIEL "o 'V.. E ' Manuel Lozano - Mayor Monica Garcia - Mayor Pro Tem Alejandra Avila - Council Member Paul C. Hernandez - Council Member Ricardo Pacheco - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG /S /N PROCESS POR FA VOR DE APA GAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, para agenda, but only on any matter posted on this hablar solamente sobre asunto publicado en esta agenda. If you wish to address the City Council or agenda. Si usted desea la oportunidad de dirigirse al any of its Agencies, you may do so during the Concilio o alguna de sus Agencias, podra hacerlo PUBLIC COMMUNICATIONS period noted on durante el periodo de Comentarios del Publico the agenda. Each person is allowed three (3) (Public Communications) anunciado en la agenda. A minutes speaking time. A Spanish-speaking cada persona se le permite hablar por tres (3) minutos. interpreter is available for your convenience. Hay un interprete para su conveniencia. CITY COUNCIL SPECIAL MEETING – 5:30 P.M. CALL TO ORDER ROLL CALL: Council Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco, Mayor Pro Tern Monica Garcia and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera e/ limite para hablar 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 rcumstances 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 §54954.21 ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en alg6n asunto a menos que sea incluido en la agenda, o a menos que exista alg6na emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobiemo §54954.2] OPEN SESSION/STUDY SESSION 1. Proposed Housing Development Presentation - Roem Development Presentation by Director of Community Development Ben Martinez 2. Proposed Housing Development Presentation - Olsen Company Presentation by Director of Community Development Ben Martinez 3. Retirement Housing Foundation Presentation by Director of Community Development Ben Martinez RECESS TO CLOSED SESSION 4. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Hadsell v. City of Baldwin Park Case No. BC548602 Case Name: Salcedo v. City of Baldwin Park Case No. BC676398 Case Name: Jason Adams v. City of Baldwin Park Case No. 2:19-cv-00297 5. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Two (2) 6. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 5018 Lante Street Baldwin Park, CA 91706 Negotiating Parties: City of Baldwin Park and Robert Gray B. Property: 12921 Garvey Avenue (OUTFRONT Billboard) APN 8550-003-042 Negotiating Parties: City of Baldwin Park and Katie Metz C. Property: 14820 Ramona Avenue APN 8437-014-001 Negotiating Parties: City of Baldwin Park and David William and Jani Johanne 7. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 4145 Puente Avenue (CAN 17-01) Negotiating Parties: City of Baldwin Park and Edward Avakyan, Jenome Research B. Property: 14551 Joanbridge Street (CAN 17-02) Negotiating Parties: City of Baldwin Park and Lih Ping Henry Liou, Baldwin Park TALE Corp. C. Property: 4150 Puente Avenue (CAN 17-06) Negotiating Parties: City of Baldwin Park and Shaun Bershatski, RUKLI, Inc. D. Property: 13111 Spring Street & 428 Cloverleaf Drive (CAN 17-07) Negotiating Parties: City of Baldwin Park and Ming Hong Huang, 428 Cloverleaf, LLC. E. Property: 5117 Calmview Avenue (CAN 17-08) Negotiating Parties: City of Baldwin Park and Victor Chevez and Helen Chau, Casa Verde Group F. Property: 13467 Dalewood Street (CAN 17-09) Negotiating Parties: City of Baldwin Park and Darrin Oganesian and Ryan Oganesian, RD Baldwin Park G. Property: 14837 & 14841 Ramona Boulevard (CAN 17-10) Negotiating Parties: City of Baldwin Park and Phil Reyes, and Alexis Reyes, Organic Management Solutions, LLC. H. Property: 5148 Bleecker Street (CAN 17-12) Negotiating Parties: City of Baldwin Park and Sergio Torres, Enrique Vega and Moses Acosta, Medical Grade Farms BP I. Property: 15023 Ramona Boulevard (CAN 17-13) Negotiating Parties: City of Baldwin Park and Shaun Szameit, Joshua Pierce and Kevin Huebner, Kultiv8 Group, LLC. J. Property: 4621 Littlejohn Street (CAN 17-15) Negotiating Parties: City of Baldwin Park and Teresa Tsai, GSC Capital Group K. Property: 5157 Azusa Canyon Road (CAN 17-17) Negotiating Parties: City of Baldwin Park and Mike Sandoval and Ed Barraza, Elite Green Cultivators L. Property: 5175 Commerce Drive (CAN 17-18) Negotiating Parties: City of Baldwin Park and Linda Thong, Pacific Cultivation, LLC. M. Property: 13450 Brooks Drive, Unit A & C (CAN 17-27) Negotiating Parties: City of Baldwin Park and Jonathan Yuan Kai Lee, Jefferson Liou, and Jerrell Austin Shepp, Cloud Control, Inc. N. Property: 4802 Littlejohn Street (CAN 17-28) Negotiating Parties: City of Baldwin Park and Marco Perez and Ren Yoneyama, VRD, Inc. O. Property: 13460 Brooks Drive (CAN 17-31) Negotiating Parties: City of Baldwin Park and Sigrid Lopez and Artem Karapetyan, Green Health Industries, LLC. P. Property: 1529 Virginia Avenue (CAN 18-01) Negotiating Parties: City of Baldwin Park and Erik Intermill, Esource LLC RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park hereby that, certify 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 24 hours prior to the meeting of June 19, 2019. ourdes Morales Chief Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960- 4011 ext. 466 ore-maillmorales@baldwinpark.com. 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 1() BALDWIN PARK CITY COUNCIL REGULAR MEETING JUNE 195 2019 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 V"ALIEY t),1,� .. a Manuel Lozano - Mayor Monica Garcia - Mayor Pro Tem Alejandra Avila - Council Member Paul C. Hernandez - Council Member Ricardo Pacheco - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA 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. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. Council tt ,re-tn w i..erp r?, ;,,, c.)f. s. . �F 4, 4.fP 44 t CiF�.:.PZ r'(.T to ii n t�t�4`irf�. a ,t Carta .i.f <a a -y t�'F.'+.. e��i �..e�., ion, o a .`t;' ul ai� t e at,tig of 4c ..,:: Ci a` Ct.,.0 ci h, -i is da.t fl.ie,o4L`'CX to the Cit Ci.'i.,, i,..ir `e.i;. flh ..ate 72 hours,,i,f, i(1t to a. iaC .<,i,aetFd in..i lv`+.e be a'vt ii°x t., 4„e for pwbfic i .";..`yeti”€.d?..,.i.,, .it C"itt`'"i ., . €;'r tF�€-' �.C(y i.Fte� ,',a` 4 office a '14403 E, Pacific Avenue, 3.r(,.t , .,o . �.?{i.$, t'7`$c? ..£±.°a'.'.c..ff .�.�E,i,`�`p^,f..'�*s hor,,,., 5€ ® as s ,,e,1ay, 7:30 sa.,eo,, a 61-()0 p f�'` ) CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL REGULAR MEETING — 7:00 PM Council Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco, Mayor Pro Tem Monica Garcia and Mayor Manuel Lozano REPORT FROM CLOSED SESSION ANNOUNCEMENTS This is to announce, as required by Government Code section 54952.3, members of 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 • Introduction of Code Enforcement Supervisor Jose Martinez • Proclamation for Public Works Week • State of the District and Local Water Supply Update Presentation by Patty Cortez, Director of Government and Community Affairs from USGVMWD • United Way's Everyone In Campaign Housing Strategies Presentation by Beatriz Sandoval and Gabriela Garcia PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar 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] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA S1 REQUIERE LOS SERVICIOS DEL INTERPRETS No se podra tome accion en algGn asunto a menos que sea incluido en la agenda, o a menos que exista algOna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. (Codigo de Gobierno §54954.21 City Council Agenda Page 2 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. Warrants and Demands Staff recommends that the City Council ratify the attached Warrants and Demands Register. 2. Meeting Minutes Staff recommends that the City Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Special City Council Meeting held on May 15, 2019. B. Meeting Minutes of the Regular City Council Meeting held on May 15, 2019. 3. Treasurer's Report — April 2019 Staff recommends that Council receive and file the Treasurer's Report for April 2019. 4. Claim Rejection Staff recommends that City Council reject the following claims and direct staff to send appropriate notice of rejection to claimant(s): MuniTemps The claimant is alleging breach of contract. Alliance of School for The claimant is alleging vehicle damage. Cooperative Insurance 5. Consolidation of the City's 457 (B) Plan Record -Keeping Platforms from Two Different Providers to a Single Record -Keeping Platform with MassMutual Staff recommends that the City Council: 1. Approve Resolution 2019-025 for the consolidation of the current two 457 (b) deferred compensation plan record keepers to a single record-keeping platform with MassMutual with a tentative effective date of September 16, 2019; and 2. Authorize the Chief Executive Officer, as the City's Plan Administrator, to execute the necessary agreements in a form acceptable and approved as to form by the City Attorney. 6. Ratify and Adopt a Resolution to Approve Updates to the City of Baldwin Park Comprehensive Pay Schedule In Accordance with Cal PERS Established Guidelines; and Update the City of Baldwin Park Job Classification Plan to include a New Position of Payroll Specialist, and Revise the Class Specification of Personnel Technician Staff recommends that the City Council approve, ratify and adopt: 1. Resolution No. 2019-028 approving the updated Comprehensive Pay Schedule which reflects the 2% COLA; and other salary adjustments, effective July 1, 2019; and 2. Resolution No. 2019-029 approving the City of Baldwin Park's Job Classification Plan to include one new position of Payroll Specialist and a revised class specification for Personnel Technician. City Council Agenda Page 3 7. Approve Industrial Disability Retirement (IDR) Claim for James R. Kolbach and Gary D. Breceda Staff recommends that the City Council approve, ratify and adopt 1. Resolution No. 2019-030 approving an Industrial Disability Retirement for James R. Kolbach and Gary D. Breceda; and 2. Authorize the Chief Executive Officer, to certify such disability and execute all necessary documents to the Public Employee's Retirement System. 8. Approval of Consultant Services Agreement Between the City of Baldwin Park, the Baldwin Park Housing Authority and MDG Associates, Inc. Staff recommends the City Council approve the Consultant Services Agreement between the City of Baldwin Park and MDG Associates, Inc. for the development of a: 1. FY 2020-2024 Five Year Consolidated Plan and FY 2020-2021 Annual Plan, and 2. FY 2020-2024 Analysis of Impediment to Fair Housing Study (AI). 9. Approval of Funds Transfer and Appropriation of Additional Funds for the Baldwin Park Transit Services Dial -A -Ride and Trolley Programs It is recommended that the City Council authorize the Finance Director to transfer and appropriate the available fund from Acct. #244-50-580-51100-15525 in the amount of $165,000 to Acct. # 244-50-580-51100-15520 and in the amount of $46,000 to Acct. # 244-50-580-51100-15508 to cover Dial -A -Ride and Trolley services for the remaining fiscal year 2018-19. 10. Renewal of Agreement with All City Management Services for Providing School Crossing Guard Services for Fiscal Year 2019-2020 Staff recommends City Council: 1. Approve the contract with ACMS for crossing guard services. 2. Authorize the Mayor to execute the agreement to continue contract services with ACMS. 11. Approval of Use Agreement with the County of Los Angeles for Construction and Maintenance of the San Gabriel River Class 1 Commuter Bikeway in Exchange for the Use of County Right -of -Way It is recommended that the City Council approve the Use Agreement with the County of Los Angeles in exchange for the use of County right-of-way for the construction and maintenance of the San Gabriel Commuter Bikeway and authorize the Mayor to execute the agreement. 12.Approval of Final Tract Map No. 73992 to Subdivide One (1) Lot into Eight (8) Residential Lots Staff recommends that the City Council accept the Final Tract Map 73992 and authorize the City Clerk, City Treasurer and staff to sign the Final Tract Map. City Council Agenda Page 4 13.Adopt Resolution No. 2019-032 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Approving the Application for Grant Funds for the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 (Proposition 68) for the Big Dalton Wash Trails Park Project" Staff recommends that the City Council: 1. Adopt Resolution No. 2019-032 entitled "A Resolution of the City Council of the City of Baldwin Park, California, approving the application for grant funds for the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 (Proposition 68) for the Big Dalton Wash Trails Park Project"; and 2. Authorize the Director of Recreation and Community Services to execute any further documents. 14.Approval of a 3 -Party Agreement between Terry A. Hayes Associates Inc. (TAHA) and the City of Baldwin Park for CEQA Related Services for a Proposed Two (2) Story, 10,345 S.F. Industrial Commercial Building at 13127 Garvey Avenue Staff recommends that the City Council approve the 3 -party Agreement with Terry A. Associates Inc. in the amount of $72,091.13 for environmental consulting services and authorize the Mayor to execute the Agreement. 15. Re -approval of amendment to the Area D Mutual Aid Joint Powers Authority Agreement Staff recommends that City Council reapprove the existing amendment and authorized the Chief Executive Officer and Mayor to re -execute the agreement. 16.Adoption of Resolution No. 2019-031 In support of Balanced Energy Solution and Local Choice It is recommended that the City Council adopt the following Resolution: Resolution No. 2019-031 — "A Resolution Of The City Council Of The City Of Baldwin Park, California, Supporting Balanced Energy Solutions And Local Choice". 17.Authorize Purchase of Police Patrol Vehicle Staff recommends City Council approval to: 1. Waive the formal bidding process pursuant to §34.37 of the Baldwin Park Municipal Code on one vehicle, as existing cooperative purchasing contracts already exist with other governmental agencies; and 2. Waive the formal bidding process for the purchase and installation of the emergency equipment pursuant to §34.23 (C); and 3. Authorize the Police Department to purchase the new vehicle and equipment through existing contracts; joining in the cooperative purchasing contracts, or through procedures outlined above; and 4. Direct the Finance Department staff to remove the totaled vehicle from the fixed assets record and record the insurance claim and the new vehicle purchase; and 5. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchases. City Council Agenda Page 5 CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION 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. SA -1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer's Report — April 2019 Staff recommends that Council receive and file the Treasurer's Report for April 2019. PUBLIC HEARING 18.Adoption of the Budget for Fiscal Year 2019-20 for the City, Finance Authority, Municipal Financing Authority, Housing Authority, and Successor Agency Staff recommends that Council open a public hearing, and following the public hearing, approve the Fiscal Year 2019-20 Budget for the City of Baldwin Park by Resolution No. 2019-033, for the Finance Authority by Resolution No. FA 2019-001, for the Municipal Financing Authority by Resolution No. MFA 2019-001, for the Housing Authority by Resolution No. HA 2019-002, and for the Successor Agency by Resolution No. SA 2019- 001. 19.A Resolution of the City Council of the City of Baldwin Park Confirming the Advisory Committee's Report and Levying the Assessment in the Baldwin Park Citywide Business Improvement District for Fiscal Year 2019-20 Staff recommends that Council: 1. Approve the FY 2019-20 BIT budget allocation; and 2. Approve Resolution No.2019-024, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CONFIRMING THE ADVISORY COMMITTEE'S REPORT AND LEVYING THE ASSESSMENT IN THE BALDWIN PARK CITYWIDE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2019-2020". 20. Public Hearing and Adoption of Resolution No. 2019-026, Ordering the Assessments for the Citywide Landscaping and Lighting Maintenance Assessment District for FY2019-2020 Staff recommends that Council: Hold a Public Hearing, and after considering testimony, adopt Resolution No. 2019-026, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Ordering the Annual Levy and Collection of Assessment Associated with Citywide Landscaping and Lighting Maintenance Assessment District for FY2019-2020, and Authorizing the Los Angeles County Assessor to Add this Special Assessment to the Property Tax Bills". 21. Public Hearing and Adoption of Resolution No. 2019-027, Ordering the Assessments for the Citywide Park Maintenance District for FY2019-2020 Staff recommends that Council: Hold a Public Hearing and after considering testimony, adopt Resolution No. 2019-027 entitled "A Resolution of the City Council of the City of Baldwin Park, California, Ordering the Annual Levy and Collection of Assessment Associated with the Citywide Park Maintenance Assessment District for FY2019-2020, and Authorizing the Los Angeles County Assessor to Add this Special Assessment to the Property Tax Bills". City Council Agenda 22. Fiscal Year 2019-2020 Community Development Block Grant (CDBG) and HOME Investment Partnership Fund (HOME) Annual Action Plan Staff recommends that the City Council conduct the public hearing and approve the CDBG and HOME FY 2019-2020 Annual Action Plan, including all FY 2019-2020 CDBG and HOME programs and project funding. 23.A Request to the City Council from the Planning Commission to Approve Development Agreement 19-01 to Grant a Cannabis Permit for a New Manufacturing and/or Cultivation Facility within the IC, Industrial Commercial Zone Pursuant to Ordinance 1408. (Location: 1529 Virginia Avenue; Applicant: ESource LLC.; Case Number: DA 19-01) Staff recommends that the City hold a Public Hearing and Introduce for first reading, by title only, Ordinance 1440, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ESOURCE LLC FOR THE CULTIVIATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 5129 VIRGINIA AVENUE (APN 8558-032-031) WITHIN THE CITY OF BALDWIN PARK". REPORTS OF OFFICERS 24. Review of Commission Applications and Consideration of Appointments/Reappointments to Fill the Scheduled Vacancies for the Housing, Planning, and Recreation Commission Staff Recommends City Council review all commission applications and make respective appointments. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Council Member Ricardo Pacheco for City Council Discussion and Direction to Staff by way of a Motion on the Following: • Council Member Ricardo Pacheco would like discussion and provide direction to staff to draft a letter to Caltrans and the State representatives for the Mayor and Council's signatures, expressing displeasure in the continued delays in the construction of the Interstate 10 near Puente. Furthermore, Caltrans has not been responsive in responding to staff requests to discuss and resolve issues pertaining to sound walls harming businesses and remainder properties that Caltrans should rightfully dispose of. The delays are harming businesses in our already disadvantaged community. ADJOURNMENT City Council Agenda Page 7 CERTIFICATION I, Lourdes Morales, Chief Deputy 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 13th day of June, 2019. Lourdes Morales, Chief Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. 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 Imorales@baldwinpark.com. 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) City Council Agenda Page 8 ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: June 19, 2019 SUBJECT: City of Baldwin Park's Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payrolls for the last periods were $1,538,892.23 and the attached General Warrants Register was $3,223,870.78 for a total amount of $4,762,763.01. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: 1. The last payrolls of the City of Baldwin Park consist of check numbers 200233 to 200317. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 13804 to 14619 for the period of April 21, 2019 through June 1, 2019, inclusive; these are presented and hereby ratified in the amount of $1,538,892.23. 2. General Warrants, with the bank drafts in the amount of $665,522.04 and checks from 224170 to 224639 in the amount of $2,558,348.74 for the period May 6, 2019 to June 10, 2019, inclusive; in the total amount of $3,223,870.78 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. 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TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk DATE: June 19, 2019 ,,_ N ►s�v SUBJECT: Meeting Minutes SUMMARY The City Council held a Special and a Regular City Council Meeting on May 15, 2019. RECOMMENDATION Staff recommends that the City Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Special City Council Meeting held on May 15, 2019. B. Meeting Minutes of the Regular City Council Meeting held on May 15, 2019. FISCAL IMPACT There is no fiscal impact associated with this item. BACKGROUND Not applicable ALTERNATIVES Not applicable LEGAL REVIEW This report does not require legal review. ATTACHMENTS 1. Special Meeting Minutes of May 15, 2019 2. Regular Meeting Minutes of May 15, 2019 Attachment 1 Special meeting Minutes 05.15.19 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING May 15, 2019, 5:30 P.M. 3rd Floor Conference Room 307 -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 5:34 p.m. by Mayor Lozano. ROLL CALL PRESENT: Council Member Alejandra Avila Council Member Paul C. Hernandez Council Member Ricardo Pacheco Mayor Pro Tem Monica Garcia arrived at 5:37 p.m. Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 5:34 p.m. Seeing no one wishing to speak, Mayor Lozano closed Public Communications at 5:34 p.m. OPEN SESSION 1. Round About vs. Decorative Signals in the Intersection of Maine and Olive Street Presentation by Public Works Engineering Manager John Beshay Mr. Beshay provided a power point presentation seeking advice and direction from the City Council on proposed roundabouts in in downtown in an effort to reduce traffic and reduce speed. The second option was to build regular sidewalks with decorative signs. Mayor Lozano expressed concerns about placing the roundabout in that intersection. Council Member Avila also voiced concerns about the location of the roundabout. Council Member Hernandez suggested placing the roundabout in another location. Mayor Pro Tem Garcia asked whether this project would cost $650,000 and the remainder of the money would be used for street improvements. Mr. Beshay stated the balance would be allocated to paving. Council Member Hernandez requested the bike lane be extended. Special Meeting of 05/15/19 Page 1 of 4 The City Council selected to renovate the existing sidewalk and place decorative signs and continue to fix Maine and Olive with the leftover funds. The City Council recessed into closed session at 5:39 p.m. RECESS TO CLOSED SESSION 2. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: Negotiating Parties: B. Property: Negotiating Parties: 12921 Garvey Avenue (OUTFRONT Billboard) APN $550-003-042 City of Baldwin Park and Katie Metz 14820 Ramona Avenue APN 8437-014-001 City of Baldwin Park and Johanne 3. Public Employee Recruitment (GC §54957): Position: Chief of Police David William and Jani 4. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 4145 Puente Avenue (CAN 17-01) Negotiating Parties: City of Baldwin Park and Edward Avakyan, Jenome Research B. Property: 14551 Joanbridge Street (CAN 17-02) Negotiating Parties: City of Baldwin Park and Lih Ping Henry Liou, Baldwin Park TALE Corp. C. Property: 4150 Puente Avenue (CAN 17-06) Negotiating Parties: City of Baldwin Park and Shaun Bershatski, RUKLI, Inc. D. Property: 13111 Spring Street & 428 Cloverleaf Drive (CAN 17- 07) Negotiating Parties: City of Baldwin Park and Ming Hong Huang, 428 Cloverleaf, LLC. E. Property: 5117 Calmview Avenue (CAN 17-08) Negotiating Parties: City of Baldwin Park and Victor Chevez and Helen Chau, Casa Verde Group F. Property: 13467 Dalewood Street (CAN 17-09) Negotiating Parties: City of Baldwin Park and Darrin Oganesian and Ryan Oganesian, RD Baldwin Park Special Meeting of 05/15/19 Page 2 of 4 G. Property: 14837 & 14841 Ramona Boulevard (CAN 17-10) Negotiating Parties: City of Baldwin Park and Phil Reyes, and Alexis Reyes, Organic Management Solutions, LLC. H. Property: 5148 Bleecker Street (CAN 17-12) Negotiating Parties: City of Baldwin Park and Sergio Torres, Enrique Vega and Moses Acosta, Medical Grade Farms BP I. Property: 15023 Ramona Boulevard (CAN 17-13) Negotiating Parties: City of Baldwin Park and Shaun Szameit, Joshua Pierce and Kevin Huebner, Kultiv8 Group, LLC. J. Property: 4621 Littlejohn Street (CAN 17-15) Negotiating Parties: City of Baldwin Park and Teresa Tsai, GSC Capital Group K. Property: 5157 Azusa Canyon Road (CAN 17-17) Negotiating Parties: City of Baldwin Park and Mike Sandoval and Ed Barraza, Elite Green Cultivators L. Property: 5175 Commerce Drive (CAN 17-18) Negotiating Parties: City of Baldwin Park and Linda Thong, Pacific Cultivation, LLC. M. Property: 13450 Brooks Drive, Unit A & C (CAN 17-27) Negotiating Parties: City of Baldwin Park and Jonathan Yuan Kai Lee, Jefferson Liou, and Jerrell Austin Shepp, Cloud Control, Inc. N. Property: 4802 Littlejohn Street (CAN 17-28) Negotiating Parties: City of Baldwin Park and Marco Perez and Ren Yoneyama, VRD, Inc. O. Property: 13460 Brooks Drive (CAN 17-31) Negotiating Parties: City of Baldwin Park and Sigrid Lopez and Artem Karapetyan, Green Health Industries, LLC. P. Property: 1529 Virginia Avenue (CAN 18-01) Negotiating Parties: City of Baldwin Park and Erik Intermill, Esource LLC 5. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Hadsell v. City of Baldwin Park Case No. BC548602 Case Name: Salcedo v. City of Baldwin Park Case No. BC676398 Case Name: Jason Adams v. City of Baldwin Park Case No. 2:19-cv-00297 Special Meeting of 05/15/19 Page 3 of 4 6. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Two (2) The City Council reconvened into open session at 6:35 p.m. OPEN SESSION 7. California Consulting Presentation Steve provided an updated on grant funding and thanked CEO Shannon Yauchzee and his team for their collaboration and provided the City Council with a few successful grants the City has acquired with the assistance of California Consulting and provided an overview of the current grants pending approval. Council Member Hernandez asked whether they were working with staff to apply for private grants offered by stores like the Home Depot. Steve stated that those grants were usually for no more than $24,000 to $25,000. Council Member Hernandez requested for the firm to work with the Police Department to develop a wish list for equipment to offset some of the equipment cost like flash lights, trainings, and software. REPORT ON CLOSED SESSION* Mayor Lozano announced no reportable action was taken. ADJOURNMENT There being no further business, motion was made by Mayor Lozano, seconded by Council Member Avila, to adjourn the meeting at 6:57 p.m. Manuel Lozano, Mayor ATTEST: Jean M. Ayala, City Clerk APPROVED: Special Meeting of 05/15/19 Page 4 of 4 Attachment 2 Regular meeting Minutes 05.15.19 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING May 15, 2019, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 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 by Mayor Lozano at 7:05 p.m. INVOCATION The invocation was provided by Council Member Pacheco. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Alejandra Avila Council Member Paul C. Hernandez Council Member Ricardo Pacheco Mayor Pro Tem Monica Garcia arrived at 7:07 p.m. Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano no reportable action was taken. ANNOUNCEMENTS Mayor Lozano announced, as required by Government Code section 54952.3, members of 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 • United Way's Everyone In Campaign Housing Strategies Presentation by Beatriz Sandoval and Gabriela Garcia Mayor Lozano stated this presentation would be held over to the next City Council Meeting. • National Kids to Park Day Mayor Lozano read the proclamation. • Proclamation for National Poppy Day, May 24, 2019, The American Legion There was no one present to receive the proclamation. • Proclamation for City Clerk's Week 50th Anniversary, May 5 - 11, 2019 The Proclamation was awarded to City Clerk Jean M. Ayala and Chief Deputy City Clerk Lourdes Morales. • Certificate to Winners of the 2019 Arbor Day Celebration Art Contest — The City Council presented certificates to all of the winners. • Scholarships Awards to the winners of the Mark Daniel Flores Music Foundation. Ms. Flores provided an overview of the accomplishments students have achieved during their time with the foundation. The students/winners sang and played their instruments and thanked their family and Mr. and Mrs. Flores. Ms. Flores invited the City Council to attend their 10 year anniversary Celebration June 15 from 7:00 pm to midnight and thanked the Mayor and City Council for their ongoing support. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:37 p.m. and noted that each speaker was permitted a total of three (3) minutes to speak. Mr. Luna expressed concerns regarding the work being conducted by Gentry Brothers and commented on the animal shelter located in the City. Christina Larios provided updates of upcoming events at the city library. Eduardo Saucedo wished all the mothers a belated happy mother's day; commented on the shortage of staff in the Police Department; and spoke on Measure H and the homeless crisis. Mr. Rios spoke in opposition the appeal filed by the City regarding the Lily Hadsell lawsuit and commented on the upcoming Saucedo lawsuit. Mr. Rios also commented on discrimination for certain people and the ongoing debt from the Mayors father owed to the city. Mayor Lozano closed public communications at 7:51 p.m. Regular Meeting of 05/15 /19 Page 2 of 7 Mayor Lozano spoke in support of hiring Lily Hadsell and commented on the loan agreement specifics and when the loan should be repaid. Mayor Pro Tem Garcia commented on the remarks made by the speakers and spoke on the previous decisions made regarding the Lily Hadsell case. City Attorney Tafoya stated the Mayor's father loan had not been paid because it was not due. Avila acknowledged the Police Department for keeping our city safe and making themselves approachable to young children. City Treasurer Marie Contreras wished Council Member Avila a belated Happy Birthday. CONSENT CALENDAR All items listed under the consent calendar are considered to be routine business by the Council Members and were approved with one motion. Mayor Lozano pulled Item No. 8 from the Consent Calendar to be considered separately. MOTION: It was moved by Mayor Lozano, seconded by Council Member Avila to approve the Consent Calendar with the exception of Item No. 8. Motion carried by unanimous consent. 1. Warrants and Demands The City Council ratified the attached Warrants and Demands Register. 2. Meeting Minutes The City Council received and filed the following Meeting Minutes: A. Meeting Minutes of the Special City Council Meetings held on May 1, 2019. B. Meeting Minutes of the Regular City Council Meetings held on May 1, 2019. 3. Treasurer's Report — March 2019 The City Council received and filed the Treasurer's Report for March 2019. Regular Meeting of 05/15 /19 Page 3 of 7 4. Rejection of Claims The City Council rejected the following claim(s) and directed staff to send appropriate notice of rejection to claimant(s): Jacobo, Louie The claimant is alleging his truck was wrongfully towed. Jimenez, Jose The claimant is alleging property damage to his vehicle from driving over a pothole. Elliott, Shelly The claimant seeks reimbursement of these fees after her car was towed and impounded wrongfully. 5. Approval of Agreement with Learning Enrichment Afterschool Program, Inc. for the Summer Lunch Program The City Council Authorized the Mayor to execute the Agreement with the Learning Enrichment After -School Program, Inc., and Authorized the Director of Recreation and Community Services to execute all Summer Lunch Program documents; and Authorized the Director of Finance to appropriate $17,395 from General Fund (Fund #100) and transfer to the Summer Lunch Program Fund (Fund #260) to cover the staff cost and add it to the FY 2019-20 budget. 6. Accept and Authorize the Filing of a Notice of Completion for CIP 2019-069 — Replacement of Police Department Floor and Carpet The City Council accepted the improvements by Shaw Integrated Solutions and authorized recordation of a Notice of Completion; and Authorized the Payment of $5,287.00 in retention funds to Shaw Integrated Solutions upon the expiration of the 35 -day notice period. 7. Ratify and Adopt a Resolution to Approve Membership with the CSAC Excess Insurance Authority (Authority) to Fund Excess Insurance and Other Insurance Programs for the City of Baldwin Park, and Adopt a Separate Resolution to Approve Membership with the CSAC to Cover Volunteer Employees The City Council approved, ratified and adopted Resolution No. 2019-020 approving the City of Baldwin Park's membership in the CSAC Excess Insurance program; and Resolution No. 2019-023 approving the City of Baldwin Park's membership in the CSAC Excess Insurance program which includes coverage for volunteer employees; and authorized the CEO and HR/Risk Manager to execute all necessary documents. 8. Adopt Resolution No. 2019-022. "A Resolution of the City Council of the City of Baldwin Park, California, Establishing a Preferential Parking Zone on the 15100 through 15300 Blocks of Keoak Drive, 4100 Block of Sharons Way and Willow Avenue between Badillo Street and Adams Drive" (Item was pulled) Regular Meeting of 05/15 /19 Page 4 of 7 Mayor Lozano recused himself from this item and stepped away from the meeting at 7:54 pm. City Attorney Tafoya clarified that the Mayor was unable to vote as this permit parking request was within a 300 foot radius of his home and was as such, considered a conflict of interest. Mayor Pro Tem Garcia led the meeting. MOTION: It was moved by Mayor Pro Tem Garcia, seconded by Council Member Hernandez to adopted Resolution No. 2619-022, "A Resolution of the City Council of the City of Baldwin Park, California, Establishing a Preferential Parking Zone on the 15100 through 15300 Blocks of Kenoak Drive, 4100 Block of Sharons Way and Willow Avenue between Badillo Street and Adams Drive". Motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Avila, Garcia, Hernandez, and Pacheco NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Lozano ABSTAIN: COUNCIL MEMBERS: None Mayor Lozano reconvened the meeting at 7:56 pm. 9. Approval of Final Parcel Map No. 1410 to Subdivide One (1) Lot into Two (2) Lots The City Council accepted the Final Map No. 1410 and authorized the City Clerk and staff to sign the Final Map 10. Award of Bid for CIP No. 19-19, City Project No. 15714 — Citywide Sidewalk and Concrete Improvements Project The City Council approved and awarded the contract to Gentry General Engineering of Rancho Cucamonga, CA in the amount of $51,800; and Authorized the Mayor and City Clerk to execute the contract for Citywide Sidewalk and Concrete Improvements. 11. Renewal of Grant Writing Services Contract with California Consulting, LLC The City Council Approved the Consultant Services Agreement with California Consulting, LLC; and Authorized the Director of Finance to appropriate funds to cover the cost related to the grants applied for including but not limited to General Fund, Prop Fund, or Future Development Fund. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION 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. Regular Meeting of 05/15 /19 Page 5 of 7 MOTION: It was moved by Mayor Lozano, seconded by Council Member Hernandez to approve the Consent Calendar. Motion carried by unanimous consent. SA -1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer's Report — March 2019 The City Council received and filed the Treasurer's Report for March 2019. REPORTS OF OFFICERS 12. Review of Commission Applicants and Consideration of Appointments/Reappointments to Fill the Scheduled Vacancies for the Housing, Planning and Recreation Commissions MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tem Garcia to bring this item back for Council's consideration in June. Motion carried by unanimous consent. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS None requested. Mayor Lozano requested speed bumps be placed before the exit on Frazier to prevent speeding and requested additional patrol from Chief of Police Patino. Additionally, the Mayor requested the Director of Recreation Manny Carrillo meet with Mr. Saucedo and invite him to the Measure H committee meetings. Mayor Lozano also requested an update on the clean-up efforts with the 99 cent store. Director of Community Development Benjamin Martinez stated staff had made contact with the property owners and were working with them individually in order to address his concern. Council Member Avila thanked the Department of Public Works for quickly addressing pothole concerns on Puente Avenue. Council Member Pacheco requested Code Enforcement inspect dilapidated and abandoned properties in the city. Mayor Lozano thanked Director of Recreation Manny Carrillo for the Mother's Day event celebration. Mayor Pro Tem Garcia requested traffic cops be stationed off the Frazier off ramp exit and Merced between Merced and Palm and Main; thanked the Chief for the extra patrol and thanked staff for being responsive; and requested code enforcement visit the empty lot on Merced and Los Angeles. Regular Meeting of 05/15 /19 Page 6 of 7 ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano, seconded by Mayor Pro Tem Garcia, to adjourn the meeting at 8:06 p.m. Mayor: ATTEST: Manuel Lozano, Mayor Jean M. Ayala, City Clerk APPROVED: Regular Meeting of 05/15 /19 Page 7 of 7 ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: June 19, 2019 SUBJECT: Treasurer's Report —April 2019 SUMMARY Attached is the Treasurer's Report for the month of April 2019. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for April 2019. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report Exhibit "A" Treasurers Report CITY OF BALDWIN PARK TREASURER'S REPORT 4/30/2019 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City Checking 1,262,783.83 Money Market Plus 132,852.62 City Miscellaneous Cash 160,112.73 City -Including General Fund 8, all other Special Revenue Funds 2.45% Varies Varies $ 33,087,070.18 $ 33,087,070.18 $ 33,087,070.18 $ 33,087,070.18 Housing Authority 2.45% Varies Varies 13,655.34 13,665.34 13,666.34 13,655.34 33,100,725.52 33,100,725.52 33,100,725.52 33,100,725.52 Certificate of Deposit Citibank National Association (Mutual Securities) 2.65% 1/25/2019 1/25/2021 250,000.00 250,000.00 250,000.00 250,777.50 Goldman Sachs Bk USA NY (Mutual Securities) 2.25% 1/24/2018 1/24/2020 250,000.00 250,000.00 250,000.00 249,680.00 Sallie Mae Bk SILT Lake City UT (Mutual Securities) 2.25% 1/24/2018 1/24/2020 250,000.00 250,000.00 260,000.00 249,680.00 Morgan Stanley Bank N A Utah(Cantella) 2.64% 4/19/2018 4/20/2020 250,000.00 250,000.00 250,000.00 250,487.50 Barclays Bank Del(Cantella) 3.05% 12/19/2018 12/21/2020 250,000.00 250,000.00 250,000.00 252,347.60 1,250,000.00 1,250,000.00 1,250,000.00 1,252,972.50 Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 7,691,768.03 7,591,768.03 7,591,768.03 7,591,768.03 Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund; Varies Varies Varies 10,979.70 10,979.70 10,979.70 10,979.70 7,602,747.73 7,602,747.73 7,602,747.73 7,602,747.73 $ 41,953,473.25 $ 41,853,473.25 $ 41,956,446.75 41,953,473.25 S Total Investments $ 41,953,473.25 Cash with Bank of the West City Checking 1,262,783.83 Money Market Plus 132,852.62 City Miscellaneous Cash 160,112.73 Successor Agency 424,472.89 Housing Authority 144,029.76 Financing Authority 11,700.00 Investment Brokerage _... 268,643.43.. Total Cash with Bank of the West 2,374,596.16 Total Cash and Investments $ 44 328,088 40 Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. Three Certificate of Deposits matured in April 2019 and several deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all Investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance ITEM NO. TO: Honorable Mayor and Members of the City Coui FROM: Shannon Yauchzee, Chief Executive Officer Laura J. Thomas, Human Resources & Risk Ma DATE: June 19, 2019 SUBJECT: Claim Rejection SUMMARY This report seeks City Council consideration and direction to reject the Claims for Damages to person or property received for filing against the City of Baldwin Park. RECOMMENDATION Staff recommends that City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s): MuniTemps . This claimant is alleging breach of contract. Alliance of School for This claimant is alleging vehicle damage Cooperative Insurance 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 Councilmembers 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 Councilmembers. FISCAL IMPACT Fiscal impact is unknown at this time. BACKGROUND In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of motion and that the claimants are sent written notification of said action. ALTERNATIVES There are no other alternatives for the Council to consider since rejection of the claims is necessary for the Statute of Limitations to begin on the claims received. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. STAFF REPORT ITEM NO. 57 TO: Honorable Mayor and Members of the City Council FROM: Shannon Yauchzee, Chief Executive Officer DATE: June 19, 2019 SUBJECT: Consolidation of the City's 457 (B) Plan Record -Keeping Platforms from Two Different Providers to a Single Record - Keeping Platform with MassMutual SUMMARY The City of Baldwin Park provides employer sponsored deferred compensation plans under Section 457(b) of the Internal Revenue Code ("IRC"), herein known as "The Plan." The Plan provides tax benefits to employees who make deposits into the Plans on a pre-tax basis for their retirement. Currently, the City offers multiple plan providers, ICMA-RC and Nationwide, but due to increasing fiduciary responsibilities related to administering and monitoring the Plans under the IRC and California law, and to provide lower fees and better investments to employees, staff is recommending that City Council approve the consolidation of the current two plans into a single record-keeping platform with MassMutual, thus MassMutual will be the record -keeper for a single 457(b) plan. RECOMMENDATION Staff recommends that the City Council: 1) Approve Resolution 2019-025 for the consolidation of the current two 457 (b) deferred compensation plan record keepers to a single record-keeping platform with MassMutual with a tentative effective date of September 16, 2019; and 2) Authorize the Chief Executive Officer, as the City's Plan Administrator, to execute the necessary agreements in a form acceptable and approved as to form by the City Attorney. FISCAL IMPACT There is no fiscal impact and no cost to the City. Plan participants (Employees) will receive lower fees, a higher blended fixed interest rate and higher quality fund options providing participants the best opportunity to enhance their retirement savings. BACKGROUND Under Section 457(b) of the Internal Revenue Code, government entities may sponsor a deferred compensation plan, while meeting fiduciary responsibilities under California law, to allow employees to defer income tax on retirement savings into future years. For several years, the City has provided employer sponsored deferred compensation plans under Section 457(b) with two companies: ICMA- RC and Nationwide. Under the California State Constitution, Article XVI Section 17, government entities that sponsor a 457(b) have fiduciary responsibilities to ensure the operation and investment of the public retirement plan is for the exclusive purpose of providing benefits to participants and beneficiaries. The fiduciary responsibilities are to: • Invest the assets of the plan, • Administer the plan, • Engage in a prudent process for making all decisions related to the operation of the plan, including decisions related to the plan's investments and related services. Because of the complexity of the investment process and responsibilities, the City contracted with SFG Retirement Plan Consulting, LLC ("SFGRPC"), a retirement plan consultant and fiduciary, to conduct an audit of the contract terms, investment options and fees within the Nationwide and ICMA-RC plans. As a fiduciary, the City has a responsibility to control the investment choices made available in the plans with and to ensure fees charged to participants are reasonable. The audit included a review of all contract related data, including but not limited to: administrative fees associated with those plans, investment options, asset values, fixed account interest rates, and additional fees that may be charged by the plans. SFGRPC also compared the information obtained through the audit with other record -keepers to determine whether the incumbent Plan fees were reasonable through a formal Request for Proposal ("RFP") process to six (6) record -keepers, including ICMA-RC and Nationwide. Based on SFGRPC's analysis and marketing results, it was determined that the plan participants as a whole would benefit by consolidating from two record -keepers to a single record -keeper. MassMutual, Voya and Nationwide provided the most competitive pricing results. Staff and SFGRPC presented the RFP results to the representatives of each of the City's bargaining groups. Based on the RFP results and feedback from the bargaining groups, MassMutual was tentatively selected as the new single record -keeper pending approval by Council. By aggregating plan assets and selecting MassMutual as the single record -keeper, the City has the opportunity to reduce plan and investment fees by 55%, enhance the investment options, and provide participants a higher than average fixed interest rate. The fixed interest rate for 457(b) participants will increase from a blended 2.50% to 3.60%. The combined fee reduction and interest rate increase is expected to provide a positive impact to participant assets of $52,931 in the first year. SFGRPC provided the City a proposed a higher quality investment menu that will be installed with the MassMutual plan. Based on a head to head investment performance comparison of our current line- ups and the proposed SFGRPC line-up, the SFGRPC line-up outperformed the current investments by 2.38% (1 -year), 1.91% (3 -year), 2.50% (5 -year) and 5.18% (10 -year) based on historical performance (past performance is not a guarantee of future results). The combination of the fee reduction, increased interest rate and higher quality investment options is an estimated $188,070 of positive financial impact to participants over a one year period. This positive impact is expected to continue year after year thus increasing participant account balances. Based upon the positive financial impact and enhanced services participants will receive, Staff is recommending City Council approve the consolidation of the two current 457(b) deferred compensation plan record -keepers to a single record-keeping platform with MassMutual effective September 16, 2019. LEGAL REVIEW Not Required. ALTERNATIVES The City Council may provide alternative direction, however the recommendation provides the highest return on employee investments. ATTACHMENTS 1. Resolution 2019-025 2. Executive Summary Attachment 1 Resolution No. 2019-025 RESOLUTION NO. 2019-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE CONSOLIDATION OF CITY'S 457(B) PLAN _ RECORD-KEEPING PLATFORMS FROM TWO DIFFERENT PROVIDERS TO A SINGLE RECORD-KEEPING PLATFORM WITH MASSMUTUAL TAKEN AS OF JUNE 5, 2019 WHEREAS, the City of Baldwin Park provides employer sponsored deferred compensation plans under Section 457(b) of the Internal Revenue Code ("IRC"), herein known as "The Plan"; and WHEREAS, the Plan provides tax benefits to employees who make deposits into the Plan on a pre-tax basis for their retirement; WHEREAS, the Plan may be funded with Employee contributions, employer contributions or a combination of both on behalf of the eligible employee in a manner permitted under the Plan; and WHEREAS, Nationwide and ICMA-RC provide record-keeping and administrative services in exchange for fees built into the investment options of the plan. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Baldwin Park, meeting in a regularly scheduled session, hereby adopts to terminate the service agreements with Nationwide and ICMA-RC and implement new a new service agreement with MassMutual with an estimated effective date of September 16, 2019. Section 2. The officers and employers of the City of Baldwin Park are hereby authorized to execute, on behalf of the eligible employees of the Employer, a record- keeping and administrative services agreement with MassMutual, and other such agreements and contracts as are necessary to implement the program. Section 3. This Resolution shall take effect immediately upon its adoption. Section 4. This City Clerk shall enter this Resolution into the official book of resolutions. PASSED, APPROVED, AND ADOPTED this 19th day of June, 2019. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2019-025 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 19, 2019 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK Attachment 2 Executive Summary Consolidation of Deferred Compensation Plan Providers Background • The City has 457(b) defined contribution plans with ICMA-RC and Nationwide totaling about $7.9 million in assets. • Staff issued an RFP to potential plan providers through its consultant (SFGRPC) with a goal to reduce plan fees, provide a high guaranteed interest rate and improve participant services and technology. • Based on the RFP results, staff determined that the plan participants as a whole would benefit by consolidating to a single record -keeper providing economies of scale. • Staff reviewed the proposals on April 2, 2019 with MassMutual, Voya and Nationwide providing the most competitive offers. • Staff and SFGRPC presented the RFP results to bargaining unit representatives on April 2, 2019 and April 23, 2019. Based on the positive financial impact and enhanced services, the bargaining unit representatives selected MassMutual as the tentative single record -keeper pending Council approval. • Based on the financial impact and enhanced services, staff selected MassMutual as the tentative single record - keeper pending Council approval. Results Benefits ❑ Lower fees and higher fixed interest rate options ■ Estimated first year positive impact of $52,931 MassMutual ❑ Improved investment options to employees' assuming the plans convert to ■ Comprehensive investment menu including more low cost options ■ Independent quarterly review of investment menu by SFGRPC ■ Estimated increased net investment performance of $188,070 (net of plan and advisor fees) ❑ Improved online participant services, including a phone app, and retirement planning tools ❑ Uniform plan benefits, services, fees, investment options and interest rates for all participants 1- The estimated fee and interest rate impact assume the current crediting rates are in effect for a 12 -month period. Actual rates will vary due to reset periods and will have an affect on the impact either higher or lower. 2 — Assumes a point in time asset value and allocation for a one-year period. Actual returns will vary based upon contributions, distributions and asset allocation changes. Returns as of 12/31/18. ITEM NO. G - `w!b TO: Honorable Mayor and Members of the City Council OF }A FROM: Shannon Yauchzee, Chief Executive Office A6i EL '` Laura J. Thomas, Human Resources/Risk Man, ag JANUP� DATE: June 19, 2019 SUBJECT: Ratify and Adopt a Resolution to Approve Updates to the City of Baldwin Park Comprehensive Pay Schedule In Accordance with Cal PERS Established Guidelines; and Update the City of Baldwin Park Job Classification Plan to include a New Position of Payroll Specialist, and Revise the Class Specification of Personnel Technician. SUMMARY This report seeks City Council approval to update the comprehensive pay schedule to include the 2% cost of living adjustment (COLA) for all of the respective Bargaining Units, as previously negotiated, including the Unclassified Managers and Executive staff; and to make the necessary salary adjustments for other positions, to be effective July 1, 2019. Specifically, the comprehensive pay schedule, upon approval, should reflect the new salary schedule of the Payroll Specialist; adjusted salary for the Information Systems Supervisor; and 2% COLA for all full time positions. In addition, staff is requesting City Council consideration and adoption of Resolutions approving the job classification plan, as modified, in accordance with applicable rules and regulations. The updated job classification plan includes a new position of Payroll Specialist and a revision of the Personnel Technician class specification. RECOMMENDATION Staff recommends that the City Council approve, ratify and adopt 1. Resolution No. 2019-028 approving the updated Comprehensive Pay Schedule which reflects the 2% COLA; and other salary adjustments, effective July 1, 2019; and 2. Resolution No. 2019-029 approving the City of Baldwin Park's Job Classification Plan to include one new position of Payroll Specialist and a revised class specification for Personnel Technician. FISCAL IMPACT The costs associated with this approval have already been absorbed in the Budget for Fiscal Year 19/20. BACKGROUND To comply with the previously negotiated contracts for the Baldwin Park City Employee's Association (CEA); the Classified Confidential Employee's Association (CCEA); the Classified Management Employee's Association (CMEA); the Police Officer's Association (POA); the Police Management Employee's Association (PMEA); and the Service Employee's International Union (SEIU), a 2% COLA will be applied to the current salaries of bargaining group members, effective, July 1, 2019. Additionally, as previously approved by the City Council, the 2% COLA will also be applied to the salaries of the City of Baldwin Park Executive and Unclassified Management employees. A new position of Payroll Specialist is being created to meet operational needs within the Finance Department. The general scope and demands of the payroll operation within Finance has increased tremendously. Many payroll and accounting regulations established by CalPERS and State and Federal agencies have necessitated closer oversight and management of the City's payroll functions. The Payroll Specialist position will provide the expertise necessary to ensure strict adherence to payroll and accounting guidelines involving benefit deductions, payroll taxes, check processing, and audits. Identifying and resolving payroll discrepancies; reconciliation of payroll accounts; preparing statistical and financial reports are just a few examples of important responsibilities of this position. Neglecting to provide proper oversight of these complex payroll functions will likely result in fees and penalties incurred by Cal PERS, violation of legal requirements and regulations, and other accounting related problems. The Payroll Specialist functions are vitally important; this position will play an integral role of ensuring the Finance Department continues to provide fiscally responsible services to the City of Baldwin Park and the public at large. The duties and class title of the Personnel Technician specification are being revised to reflect current trends and common terminology used in the public sector human resources industry as represented by the International Public Management Association for Human Resources (IPMA-HR). The new title of Human Resources Technician is more commonly used industry -wide, and it will provide consistency with how other analyst and managerial positions are identified within the department. The Personnel Technician class is the entry-level human resources classification designed to prepare employees for the analyst level. Therefore, the nature of duties and projects should be centered on supporting and assisting the Lead Human Resources Analyst and the Human Resources/Risk Manager, and in some cases working independently, to implement critical core human resources functions. These functions include, but are not limited to: hiring and selection, employee relations, safety, training, benefits administration, classification and risk management (workers compensation and liability claims). Involvement in these activities will undoubtedly provide marketable skills and readiness to perform at the higher level. More importantly, involvement in these important functions gives Human Resources the tools to sustain a highly productive workforce and proactively mitigate employment risks. Finally, the scope and range of the responsibilities of the Information Systems Supervisor for Baldwin Park was recently compared to many other IT supervisory personnel. This comparison suggest a need for parity in terms of overall compensation. Thus, to bring the salary up to industry standards, given the complexities of the organization's systems infrastructure, for which the IT supervisor is solely responsible, appropriate salary adjustments were made, as reflected in the pay schedule. ALTERNATIVES With the exception of the 2% COLA previously approved under MOU contracts, other proposals can be held off for further evaluation. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2019-028 approving the City of Baldwin Park's updated Comprehensive Pay Schedule. 2. Resolution No. 2019-029 approving the City of Baldwin Park's Job Classification Plan as amended. Attachment 1 Resolution No. 2019-028 RESOLUTION NO. 2018-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING A SALARY RESOLUTION TO ESTABLISH A COMPREHENSIVE PAY SCHEDULE FOR ALL FULL TIME EMPLOYEES, PART TIME EMPLOYEES AND ELECTED OFFICIALS IN ACCORDANCE WITH CALPERS GUIDELINES. WHEREAS, the City of Baldwin Park, through negotiations with various employee bargaining groups has established corresponding Memoranda of Understanding which are in full force and affect; and established individual contracts with each executive and unclassified management employee to reflect a 2% cost of living adjustment (COLA) and other salary adjustments as required; and WHEREAS, California Employees Retirement System (CaIPERS) does require all government agencies to provide and make available to the public the salary of all full- time employees, part-time employees and Elected Officials in a single salary format specified by CalPERS; and WHEREAS, the City of Baldwin Park has compiled the necessary salary data to create a single salary schedule required in compliance with the requirements of CaIPERS and has attached said report to this resolution as Exhibit A, with the date, July 1, 2019. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park meeting in a regularly scheduled session, hereby adopts the does hereby approve and authorize the creation of a comprehensive City of Baldwin Park Pay Schedule that includes pay rate information for all full-time and part-time employees as well as Elected Officials, attached hereto as Exhibit A to be effective on July 1, 2019. SECTION 2. This Resolution shall take effect immediately upon its adoption. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall forward a certified copy hereof to each Department Head and the Human Resources Manager. SECTION 4. This City Clerk shall enter this Resolution into the official book of resolutions. 1 PASSED, APPROVED, AND ADOPTED this 19th day of June, 2019. 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O— . O OOAO CD v W CD Cn :-4 A O CA CA CA CA Cl) O O O V 0) V 0) � N N N N N W A W N N Cl) Cn OD U) CD CD co co Ul C_ CD fD m O m (D N C- c c N O D n a CD CD `C c n o =r f=/l CD Q. o CD X CilV O RESOLUTION NO. 2019-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING A NEW JOB CLASSIFICATION PLAN IN ACCORDANCE WITH APPLICABLE RULES AND REGULATIONS. WHEREAS, the City of Baldwin Park, has created a new position of Payroll Specialist and revised the job classification for Personnel Technician; and WHEREAS, the job class specifications for Payroll Specialist has been created to reflect the essential duties, responsibilities, competencies and minimum qualifications; and WHEREAS, the job classification for Personnel Technician has been revised to reflect accurate duties and responsibilities; and WHEREAS, the City of Baldwin Park has attached the class specifications referred to as Exhibit B. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Baldwin Park meeting in a regularly scheduled session, hereby adopts the creation of a new position of Payroll Specialist and approves revisions to the Personnel Technician class specification, and adopts the Job Classification Plan, as modified to be effective July 1, 2019, attached here to as Exhibit B. Section 2. This Resolution shall take effect immediately upon its adoption. Section 3. This City Clerk shall enter this Resolution into the official book of resolutions. PASSED, APPROVED, AND ADOPTED this 19th day of June, 2019. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2019-029 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 19, 2019 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK 8�N 1U F -r F; SAN,A BR1EL i4A a Y\ ,' City of Baldwin Park PAYROLL SPECIALIST Class Specification 6/19/19 To perform intermediate level accounting clerical and fiscal duties in the areas of payroll to analyze and monitor general ledger accounts; and to perform specialized accounting, payroll and financial duties. SUPERVISION RECEIVED AND EXCERCISED This single position class reports directly to the Assistant Accounting Manager and Director of Finance and is distinguished from other accounting support classifications such as Senior Finance Clerk, by the specialization in performing as the lead worker in preparation of the City's payroll and related financial functions. EXAMPLES OF ESSENTIAL FUNCTIONS • Functions as the Lead staff person in the task of processing and preparation of bi-weekly and monthly City payroll; • Reviews timekeeping reports to identify and resolve errors in time reported; ensures availability of leave time reported; verifies earnings and deductions; • Ensures payroll checks are calculated in accordance with legal requirements, City policies and labor contract provisions; • Reviews status changes provided by Human Resources for the pay period; verifies and calculates overtime payments and verifies, audits, edits and processes the final payroll, benefit program payables, and paychecks; • Generates and checks final payroll reports and registers; coordinates wire transfer of funds for direct deposit, payroll taxes and other deductions to Accountant and Assistant Accounting Manager; and ensures the timely and accurate posting of payroll in the financial accounting system; • Processes special payroll transactions, such as wage assignments and liens, advances and other special payments; calculates and manually prepares special payroll transaction and pay checks; • Ensures accurate reporting of changes in pay, payroll status, taxes, benefits, other deductions, retroactive pay adjustments and terminations; • Answers employee questions regarding payroll and benefits deductions by explaining requirements, policies, and procedures; processes voided checks and reissue checks • Maintains various spreadsheets to track time and payments for designated purposes including various City benefit programs; • Prepares payroll wire transfer journal vouchers for liability accounts, wage liens, garnishments, direct deposits and payroll taxes; • Responsible for preparing W-2 and tax related statements and generating and mailing of monthly, quarterly, and annual payroll, retirement and tax withholding information to federal and state government agencies and Ca1PERS; • Audits and balances accounts in preparation for generating tax reports; generates and reconciles year-end payroll reports; • Prepares payment requests and verifies and reconciles payments to the City's health and benefit providers and reports billing errors and discrepancies to Human Resources; • Confers with Human Resources Department on non -routine questions regarding employee benefits and individual employees regarding benefits, changes in MOU implementation; • Coordinates with Human Resources Department staff to provide payroll related information for employment verification requests; • Provides training of backup personnel for payroll functions; • Responsible for enforcement and maintenance of all payroll documents as they relate to the City's record retention policy; • Provides technical information and instruction regarding applicable procedures and methods; interprets and explains rules and regulations; answers questions and resolves problems or complaints; • Implements required changes in the payroll system; • Provides payroll reports/data to Management Assistant for annual budget preparation; • Provides assistance to the City's outside auditors on payroll related questions and matters; • Provides payroll records to employees, departments, and through public records request; researches and analyzes regulatory updates and other information impacting the payroll system; • Researches background information; compiles and prepares a variety of statistical and financial reports; • Researches and answers department questions regarding status of accounts, the proper coding of transactions and other matters; • Analyzes, reconciles and maintains files and records; and prepares periodic reports; • Maintains various ledgers, registers and journals and logs according to established account classifications; • Reviews and tabulates statistical and financial data; • Assists customers, departments, and employees by providing information, explaining procedures, and answering questions; • Performs a variety of general clerical duties including typing, maintaining files and records, and maintaining supplies; • Processes payroll deductions using a computer terminal; • Reconciles and balances payroll accounts monthly; • Receives garnishments from the courts and calculates retirement adjustments; and prepares demands for payment. • Reviews and checks records, form, and other documents for accuracy, completeness, and conformance to rules and regulations; • Prepares Federal and State taxes and deposits, and required quarterly reports. • Processes requests for Verification of Employment; and • Performs other duties as assigned to meet operational needs. QUALIFICATIONS Knowledge of: • Principles and practices of financial record keeping and reporting procedures; • Accounting principles and procedures and standard reporting and accounting system maintenance; • Modern office methods, procedures, and equipment; • Procedures and practices governing payroll, time reporting, and related financial transactions; • Accounting software systems; • Automated office methods and practices/data processing systems and applications; • Basic principles of business mathematics and record keeping; and • Microsoft Excel and Word. Ability to: • Understand, interpret and communicate the principles, rules, regulations, and procedures governing finance, accounting and payroll operation; • Organize and maintain a variety of records and files; • Cross Train accounting personnel on the payroll process; • Implement applicable procedures relating to payroll, accounts payable, accounts receivable, purchasing and grants; • Operate a calculator, computer terminal and other office equipment; • Communicate clearly and concisely, both orally and in writing; • Type at a speed between 35 and 40 words per minute or as necessary for successful job performance; • Establish and maintain cooperative and positive working relationships with employees, department managers, vendors and the general public, including those individuals who routinely interact with the Finance Department. MINIMUM REQUIREMENTS Experience and Training Any combination equivalent to experience and training that would provide the knowledge, skills, and abilities necessary for satisfactory job performance is qualifying. A typical way to obtain the required knowledge and abilities would be: Education: High school graduation or equivalent and Experience: Three (3) years of progressively responsible experience working in payroll, including a thorough knowledge of the payroll process, and automated payroll -processing systems within a municipal environment. Completion of some college -level course work in accounting principles, methods and practices may substitute for up to one year of work experience. Special Requirements Possession of or ability to obtain a valid Class C California driver's license and maintain a satisfactory driving record. Physical Requirements: • Must possess the ability to occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information; • Ability to lift, carry, push, and pull materials and objects weighing up to 10 pounds; • Ability to lift, drag and push files, paper, and documents weighing up to 20 pounds is required; • Position requires intermittent sitting and standing, walking, reaching, twisting, turning, kneeling, bending squatting and stooping in the performance of daily activities; • The position also requires grasping, repetitive hand movement and fine coordination in preparing reports using a computer keyboard; and • Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations. Note: Class specifications are intended to be descriptive, explanatory, and not restrictive. It is intended to declare what the duties, and responsibilities, and the required qualifications of any position shall be. Council Approval Date: June 19, 2019 City of Baldwin Park HUMAN RESOURCES TECHNICIAN Class Specification 6/19/19 DEFINITION Under general supervision, performs a variety of administrative and technical personnel related duties in support of the City's human resources and risk management functions. Processes Personnel Action Forms (PAF), and responsible for data entry and processing of position and payroll changes, specifically related to the employee's profile/personnel information and other confidential information. Assists in performing a variety of core human resources activities of the Human Resources Department, including hiring and selection, employee relations, safety, training, benefits administration, classification, workers compensation and liability claims processing, and other work as assigned for training purposes. DISTINGUISHING CHARACTERISTICS The Human Resources Technician is a para -professional technical and administrative support class in the City's Human Resources family. It is distinguished from other classes by the scope of assigned duties. The incumbent is expected to perform most job assignments without close supervision, using knowledge of the City's policies and procedures and the Human Resources department practices and procedures learned through training and experience. The next higher classification (Personnel Analyst I) is the journey -level professional class and is expected to have broader knowledge of diverse human resources functions and duties as well as more independence in performing assignments. SUPERVISION RECEIVED AND EXCERCISED Receives general supervision from the Human Resources Analyst II and Human Resources/Risk Manager. EXAMPLES OF ESSENTIAL FUNCTIONS: • Processes employee personnel actions and inputs protected and confidential personnel information for current employees, new -hires, transfers, promotions, terminations and other information pertaining to an employee's status to update the City's payroll/personnel automated system; EXAMPLES OF ESSENTIAL FUNCTIONS, cont'd • Maintains employee salary and job classification history; updates merit review reports; ensures timely employee reviews and award of merit increases by department and division heads and supervisors; • Assists in the administration of employee benefit plans and programs in accordance with CalPERS regulations; provides employees information on benefit plans; • Answers questions from City employees, City retirees and the general public regarding employment, benefits and other personnel related topics; • Assist the Human Resources Analyst and Human/Resources Risk Manager in providing liaison services to departments to implement core human resources activities including, but not limited to: hiring/selection, safety program oversight, risk management and insurance; workers compensation and liability claims, classification and employee relations; • Coordinates and assist in the development and tracking of City-wide compliance and professional development training programs and generates reports as needed; • Accurately receives information from City employees and City retirees to update their profile/personnel information; Coordinates and assist in conducting new employee Orientations; new hire employee paperwork, answering questions and assisting in completion of paperwork as well as performing data entry of information received on paperwork; schedules pre -placement physicals, background checks, starting dates and completes the required forms; assists in conducting new employee orientations; • Performs a variety of routine and complex administrative and technical functions which may require the use of computers to enter, prepare and proofread drafts of a wide variety of documents, staff reports and other reports as needed using Word, Excel and other related computer software; • Performs research projects in accordance with instructions given, tabulates data and compiles reports; drafts routine correspondence and communication materials for review and makes recommendations as needed; and • May assist in conducting research regarding human resources and risk management issues as assigned by the Human Resources/Risk Manager. QUALIFICATIONS Knowledee oh • Basic practices and techniques of public personnel administration; • Basic benefits program administration principles and practices; • The basics of federal, state and local laws and regulations applicable to areas of assigned responsibilities; the City's personnel rules and Memoranda of Understanding provisions; • Basic data gathering and analysis techniques; and • Basic principles and practices of exceptional customer service; • Correct English usage, including spelling, vocabulary, grammar and punctuation; standard business soft -ware, including word processing, spreadsheets and graphics; and • Basic operations and requirements of the City's Personnel/Payroll Management system; and • Basic mathematic principles; record-keeping and filing practices and procedures. Ability to: • Operate a computer using word processing and other business software to produce letters, reports, memos, graphs, charts and other documents as required; • Enter important data in an accurate and timely manner; • Set priorities and exercise sound independent judgment within areas of assigned responsibility; • Interpret benefit plan and labor contract provisions; understand and follow written and oral instructions; • Communicate effectively orally and in writing; prepare clear, concise and accurate reports, correspondence and other written materials; • Exercise tact and diplomacy in dealing with sensitive and confidential personnel issues and employee situations; • Provide excellent customer service to all levels of employees in the organization including the general public; • Establish and maintain effective working relationships with those encountered in the course of the work; and • Analyze data and form logical conclusions and recommendations. MINIMUM REQUIREMENTS Experience and Training Any combination equivalent to experience and training that would provide the knowledge, skills, and abilities necessary for satisfactory job performance is qualifying. A typical way to obtain the required knowledge and abilities would be: Education: High school graduation or equivalent and Experience: Three (3) years of increasingly responsible administrative/clerical support experience preferably in a public sector human resources environment. Two years of college or an Associate's Degree in public or business administration, human resources administration, organizational leadership, organizational development or a related field can substitute for up to 1 year of work experience. Bachelor's Degree in any of the above mentioned fields may substitute for up to 2 years of work experience. Special Reauirements: • Must possess and maintain a valid Class C California driver's license. Physical Requirements: • Must possess the ability to occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information; • Ability to lift, carry, push, and pull materials and objects weighing up to 25 pounds; • Ability to walk on uneven terrain, climb ladders, and stairs; • Ability to work in various weather conditions and handle loud noise levels; and • Ability to work in and around hazardous conditions including physical substances and fumes. • Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations. Note: Class specifications are intended to be descriptive, explanatory, and not restrictive. It is intended to declare what the duties, and responsibilities, and the required qualifications of any position shall be. Council Approval Date: June 19, 2019 Attachment 2 Resolution No. 2019-029 ITEM NO. of" TO: Honorable Mayor and Members of the City Council �sf , HU =f FROM: Shannon Yauchzee, Chief Executive Office S'SQ, � E4xrn Laura J. Thomas, Human Resources/Risk Manag E �Y Al DATE: June 19, 2019 SUBJECT: Approve Industrial Disability Retirement (IDR) claim for James R. Kolbach and Gary D. Breceda. SUMMARY This report requests City Council's consideration and approval of a request from James R. Kolbach and Gary D. Breceda, former Police Officers, for an Industrial Disability Retirement (IDR) to be effective upon review and final approval by the California Public Employees Retirement System (CalPERS). The California Public Employees Retirement System (CalPERS) requires that a contracting agency, in this case, the City of Baldwin Park, determine whether an employee who is classified as a local safety member is disabled, and whether such disability is industrial within the meaning of the California Public Employees' Retirement Law. Staff has reviewed the request submitted by Mr. Kolbach and Mr. Breceda, and has determined that the request falls within CalPERS guidelines for approval. RECOMMENDATION Staff recommends that the City Council approve, ratify and adopt 1. Resolution No. 2019-030 approving an Industrial Disability Retirement for James R. Kolbach and Gary D. Breceda; and 2. Authorize the Chief Executive Officer, to certify such disability and execute all necessary documents to the Public Employee's Retirement System. FISCAL IMPACT Authorize the Finance Director to complete the budget amendments and appropriations and make any necessary adjustments. BACKGROUND Mr. Kolbach had been employed by the City of Baldwin Park since December 21, 1986 as a police officer. Mr. Breceda had been employed as police officer since January 3, 1990. Due to the fact that these employees are classified as a safety member, both employees exercised their rights under Section 21152 (c) of the Government Code to apply for an Industrial Disability Retirement. ALTERNATIVES The alternative is to request further evaluation of this IDR claim. ITEM NO. LEGAL REVIEW Legal Review is not required for this item. ATTACHMENTS 1. Resolution No. 2019-030 approving the Industrial Disability Retirement for James R. Kolbach and Gary D. Breceda. Attachment 1 Resolution No. 2019-030 RESOLUTION NO. 2019-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AN INDUSTRIAL DISABILTY RETIREMENT FOR JAMES R. KOLBACH AND GARY D. BRECEDA IN ACCORDANCE WITH APPLICABLE RULES AND REGULATIONS. WHEREAS, the City of Baldwin Park, (hereinafter, referred to as "Agency") is a contracting agency of the California Public Employees' Retirement System (CaIPERS); and WHEREAS, the California Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency, in employment in which he/she is classified as a local safety member, is disabled for purposes of the California Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such law; and WHEREAS, James R. Kolbach and Gary D. Breceda, both whom are former Police Officers for the City of Baldwin Park suffered an Industrial injury and exercised their rights under Section 21152 (c) to apply for an Industrial Disability Retirement to be effective upon final review and approval by CalPERS. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council does hereby delegate to the incumbent of the position of Chief Executive Officer (CEO) or his/her designee authority to make determinations under Section 21152 (c). Government Code, on behalf of the Agency, of disability and whether such disability is industrial and to certify such determinations and all other necessary information to the California Public Employees' Retirement System. Section 2. This Resolution shall take effect immediately upon its adoption. Section 3. The City Clerk shall enter this Resolution into the official book of Resolutions. PASSED, APPROVED, AND ADOPTED this 19th day of June, 2019. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2019-030 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 19, 2019 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK ITEM NO. S TO: Honorable Mayor and Members of the City Council FROM: Benjamin Martinez, Director of Community Development t DATE: June 19, 2019 SUBJECT: Approval of Consultant Services Agreement Between the City of Baldwin Park, the Baldwin Park Housing Authority and MDG Associates, Inc. SUMMARY The purpose of this report request that the City Council consider approving a Consultant Services Agreement between the City of Baldwin Park and MDG Associates, Inc. RECOMMENDATION Staff recommends the City Council approve the Consultant Services Agreement between the City of Baldwin Park and MDG Associates, Inc., for the development of a: 1) FY 2020-2024 Five Year Consolidated Plan and FY 2020-2021 Annual Plan; and 2) FY 2020-2024 Analysis of Impediment to Fair Housing Study (AI). FISCAL IMPACT The funds for this agreement are not to exceed $39,450, and will be funded with General Plan Fees in the FY 2019-2020 Budget under account 235-40-420-51100-14066. BACKGROUND Pursuant to the U.S. Department of Housing and Urban Development (HUD), all state and local governments receiving Federal funds are required to prepare a five-year strategy designed to address the needs of extremely low, low and moderate -income households within the community as well as the completion of an Annual Action Plan to be submitted 45 days prior to the beginning of the fiscal year. Both plans serve as an application for grant funding for Community Development Block Grant (CDBG) and HOME Investment Partnership Act (HOME) funds received by the City. Also required by HUD, is the development of a five-year "Analysis of Impediments to Fair Housing Choice" (Al) document outlining the efforts being made by cities to affirmatively further fair housing citywide. The current Five Year Plan expires on June 30, 2020. The FY 2020-2024 Consolidated Plan (Con Plan), the FY 2020-2021 Annual Action Plan and the FY 2020-2024 Al is due to HUD on May 15, 2020. DISCUSSION Upon review of the submitted proposals and based on the overall experience and staffing resources of all agencies that submitted a proposal, staff feels that MDG Associates, Inc., is the best qualified firm to perform the task required under this contract. Although Willdan submitted the lowest priced bid, the level of experience and expertise in MDG Associates staffing, including a retired HUD representative, exceeds the level offered by Willdan. Therefore, staff recommends entering into an agreement with MDG ASSOCIATES, Inc., not to exceed $39,450. The proposals received are as follows: Willdan Engineering Inc. $33,350 MDG Associates, Inc. $39,450 Western Economic Services $67,380 ENVIRONMENTAL IMPACT There is no environmental impact. LEGAL REVIEW The City Attorney has reviewed and approved as to form the attached agreement. ALTERNATIVE City Council may direct staff with a desired alternative. ATTACHMENTS 1. Consultant Service Agreement ATTACHMENT 1 CONSULTANT SERVICES AGREEMENT CONSULTANT SERVICES AGREEMENT WITH MDG Associates, Inc. This Consultant Services Agreement ("Agreement") is made and entered into July , 2019 by and between the City of Baldwin Park ("City"), and MDG Associates, Inc., a California corporation ("Contractor"). SECTION I — RECITALS This Agreement is made and entered into with respect to the following facts: a. City is desirous of obtaining the services of a qualified consultant to provide a combination of administrative services and technical assistance and to develop the 5 -year Consolidated Plan with the 1St Year Action Plan (the "Combined Plan"), and to produce the City's Analysis of Impediments to Fair Housing Choice (the "Al"), all in compliance with the U.S. Department of Housing and Urban Development ("HUD") REGULATIONS. b. Contractor has the experience and expertise to provide those services, has been selected by the City as the most qualified to provide such services and has agreed to perform such services, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties do hereby agree as follows: SECTION II — SERVICES Contractor shall provide professional services required to develop the Combined Plan and Al in compliance with HUD regulations. The services required by this Agreement are set forth more fully in Attachment "A," attached hereto and incorporated herein. SECTION III — TERM This Agreement shall commence on July, 2,019 and shall expire on June 30, 2020, unless sooner terminated as hereinafter provided. This Agreement may be extended for an additional two years upon mutual written agreement of the parties. In no event shall this Agreement extend beyond the expiration date without the prior written agreement of the parties. SECTION IV — PERFORMANCE a. Contractor shall, at all times, faithfully, competently and, and to the best of his/her ability experience and talent, perform all tasks described in Attachment "A." b. Contractor shall be knowledgeable of and subject to all City rules and regulations, standard operating procedures and the supervisory chain of command. SECTION V — WORK PRODUCT Contractor hereby agrees all work product produced and provided by Contractor during and upon completion of this Agreement shall be the sole property of City and ownership of the work product shall be retained by City. SECTION IV — EXTRA SERVICES Contractor shall render no extra services beyond the scope of services described under this Agreement unless such extra services first shall have been duly authorized in writing by the Chief Executive Officer ("CEO"). Additional services shall be subject to terms agreed to in writing by the City and Contractor. SECTION VIII — PAYMENT a. City agrees to pay Contractor in the amounts set forth in the Proposal, as provided in Attachment "B". Fees for any subsequent services agreed to by the City and Contractor shall be mutually agreed to in writing by the parties. b. Contractor shall not be entitled to any additional benefits such as health insurance, uniform allowance, retirement benefits, sick leave or vacation. SECTION IX — TERMINATION City and/or Contractor shall have the right to terminate this Agreement, with or without cause, for any reason, with thirty -days' (30 -days') written notice. Termination shall become effective thirty (30) days after delivery of written notice by either party. In the event neither City nor Contractor exercises the right to terminate as set forth herein, the Agreement shall automatically terminate on the expiration date. SECTION X — NON -LIABILITY OF OFFICIALS, AGENTS AND EMPLOYEES OF THE CITY No official, employee or agent of City shall be personally liable to Contractor in the event of any default or breach by City, or for any amount that may become due to Contractor. Contractor shall provide professional and general liability Insurance (See Attachment "C.") SECTION XI — INDEPENDENT CONTRACTOR Contractor is and shall, at all times, remain as to City a wholly independent contractor. Neither City nor any of their officers, employees or agents shall have control over the conduct of Contractor except as expressly set forth in this Agreement. Contractor shall not at any time or in any fashion represent Contractor is in any manner an officer, employee or agent of City. No employee benefits shall be available to Contractor in connection with performance of this Agreement. Except as provided in this Agreement, City shall not pay salary, wages or other compensation to Contractor for performance hereunder for City. City shall not be liable for compensation to Contractor for injury or sickness arising out of performance services hereunder. Also, City does not provide Workers' Compensation benefits or liability protection to Contractor. SECTION XII — LEGAL RESPONSIBILITILIES Contractor shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to, the Baldwin Park Municipal Code. City and its appointed or elected officers, employees or agents shall not be liable at law or in equity occasioned by failure to Contractor to comply with this section. SECTION XIII — INDEMNIFICATION Contractor agrees to and shall defend, indemnify, and hold harmless, City, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits defense costs, civil penalties, expenses, causes of action and judgments at law or in equity or liability of any kind or nature which City, or any of its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed on them for injury or deaths of persons or damage to property arising out of Contractor's act or omission in performance of this Agreement. This section does not apply to liability arising out of the sole negligence of the City, any of its elected and appointed boards, officers, officials, employees, agents and volunteers. SECTION XIV — ENTIRE AGREEMENT This Agreement contains the entire understanding between City and Contractor regarding the subject matter hereof. Any prior agreements, promises, negotiations, or representation not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding. SECTION XV — WAIVER Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof. SECTION XVI — BINDING EFECT This Agreement shall be binding upon and shall inure to the benefit of the successors of each of the parties hereto. SECTION XVII — GOVERNING LAW This Agreement shall be interpreted and construed according to the laws of the State of California and venue shall be in the County of Los Angeles, State of California. SECTION XVIII — ATTORNEY'S FEES If litigation is reasonably required to enforce or interpret the provisions of this Agreement, then the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees in addition to any other relief to which it may be entitle. SECTION XIX — NOTICE All notices shall be personally delivered or mailed to the addresses listed below: CONTRACTOR MDG Associates, Inc. 10722 Arrow Route, Suite 822 Rancho Cucamonga, CA 91730 Attn: Rudy Munoz, President CITY City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA. 91706 Attn: Suzie Ruelas, Housing Manager SECTION XX — ASSIGNMENT Neither party may assign any right or obligation under this Agreement without the express written approval of the other parties. IN WITNESSETH WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above. City of Baldwin Park Bv: Shannon Yauchzee Chief Executive Officer City of Baldwin Park By: Manuel Lozano Mayor MGD Associates, Inc., a California Corporation 0 Its M Its Approved as to Form: am City Attorney ATTACHMENT "A" Scope of Services A. Preparation of all reports as required by HUD including but not limited to the Five-year Consolidated Plan and One -Year Action Plans B. Develop a Five Year plan for the period of July 1, 2020 through June 30, 2025 and a one-year Action Plan for the period of July 1, 2020 through June 30, 2025. C. Prepare a Five Year Consolidated Plan, One -Year Action Plans which addresses each required element pursuant to federal regulations D. Perform relevant consultations and data collection to complete the required HUD tables and the analysis of housing and non -housing needs E. Prepare an Executive Summary for the Consolidation Plan, and Action Plan F. Assist City staff to assess the existing Consolidated Plan and strategies, goals, and priorities G. Assist City staff with developing new strategies, objectives, priorities, and programs for the Consolidation Plan and the Action Plan H. Develop and incorporate a performance measurement component I. Conduct consultations with private agencies, public agencies and community groups J. Assist City staff with the citizen participation process 1. Develop and coordinate a plan and method for obtaining citizen and resident participation 2. Conduct not less than 3 community meetings 3. Make one presentation at a public hearing 4. Develop and circulate a community survey K. Provide 1 draft copy, and 1 approved final plan. Provide approved Plan on a CD disk in Microsoft WORD format. L. Provide a resource binder to include at a minimum a list of data sources, copy of data collected, consultation records, correspondence, and other supporting documentation used to develop the Plan Services Related to Inter -Departments and Public Service Agencies A. Develop a performance calendar/timeline B. Assist staff with the preparation of the Annual Plan Other Program Related Services A. During HUD's monitoring, consultant shall assist the City in gathering and providing requested information to assure compliance with HUD regulations B. Provide Research and Analysis as requested by City C. Maintain open communications with the City's Community Development and Housing staff D. Provide monthly status reports on the status of work programs/projects assigned. III. Analysis of Impediments to Fair Housing Scope of Work In conjunction with and under the supervision of the Community Development Department, Housing Division, the Respondent will provide the following services: A. Demonstrate professional methods of research/data collection and formulation. This data will be relevant to housing issues in the City of Baldwin Park (i.e., demographics, household income, employment, housing profile, etc.); B. Develop a comprehensive Analysis and Impediments. This document must include: (a) a Fair Housing Plan, including goals and timetables, (b) identified actions to be taken, and (c) a records maintenance system reflecting the analysis and actions taken; C. Demonstrate excellent verbal and written communication skills; D. Have knowledge of and access to CPD Maps provided by HUD (or a comparable software) including the mapping component; E. Work with designated staff persons; F. The selected contractor must provide the following analysis and have the ability to develop/utilize a methodology in preparing the Al that will include a review of impediments to Fair Housing in the public and private sectors, including but not limited to: 1. A comprehensive review of the City's codes, ordinances, administrative policies, practices and procedures; 2. An assessment of how those laws, etc., affect the location, availability and accessibility to housing choice; 3. An assessment of local residents and the real estate industry's awareness of fair housing issues; 4. An assessment of current land use and group home practices; 5. An analysis of differences in property tax rates, controlling for home value and year of purchase, for different racial groups within the City; 6. An assessment of job opportunities in relationship to area or residential concentration of minorities and other classes of persons protected by the Fair Housing Act; 7. Documentation of the nature and extent of fair housing complaints/lawsuits or other data that may evidence achievement of or lack of fair housing choices; 8. Patterns of ownership versus rental, housing density, housing age and/or condition, overcrowding, income, family size, residency tenure, bank loans by type, etc.; 9. Demographic overview of Baldwin Park, showing how the City compares to the county as a whole in racial composition, homeownership by race, affluence, and poverty by race and trends since 1990; 10. Home Mortgage Disclosure Act (HMDA) data, including FHANA loans, conventional home loans, housing refinance loans and home improvement loans; 11. Results of testing or case studies of incidents or problems of discrimination occurring within the City, including hate crimes, land use practices, occupancy standards, and advertising; 12. Results of Fair Housing Initiative Program (FHIP) Grants (if applicable); 13. Records showing geographic patterns of occupancy in Section 8; Public and Assisted Housing, and private rental housing; 14.An analysis of the "cost of unfair housing," which causes certain specific social problems resulting from housing segregation and discrimination; 15. Complete an analysis of home sales trends, median and average sale prices by type, number of households and size, and banking and lending practices. Compile data indicating the frequency and amount of those financial institutions' lending in our community over the past five-year period; 16. Compile a vacancy rate study for rental properties by type/number of bedrooms and rental rates over the past two-year period; 17. Provide a variety of maps including dot density, overlays, etc., depicting multiple characteristics and address specific maps in the Al; 18. Recommend changes in practices and policies; 19. Prepare a minimum of ten (10) bound copies and one loose copy (for duplication purposes) of the Al and the FHP, and 20. Submit the entire document on computer disks using a software program compatible with the City's word processing system G. Meet established deadlines, and H. Demonstrate personal/professional commitment and integrity. Key Tasks: Task 1 Data Collection and Review — This task will consist of the review of available background and resource materials. Available documents and resources will include: a) 2015-2019 Consolidated Plan approved by the Baldwin Park City Council on May 6, 2015; b) City of Baldwin Park General Plan Housing Element; and c) City of Baldwin Park Zoning Ordinance and Amendments, Title 15 of the Baldwin Park Municipal Code, d) 2015-2019 Analysis of Impediments to Fair Housing. Task 2 Present the Draft Combined Plan, and Al to City Staff — Based on the review of resources, data gathering, analysis, and input from the community through workshops/focus groups, etc., the Draft Plans and Al will be prepared pursuant to the requirements of the City's Fair Housing Plan Guide and all applicable HUD regulations. Required Discretionary Reviews: The approval process for the Plans and Al will require the following discretionary reviews and approvals: Review by: Community Development Department Planning Department Joint Commission Adoption by: Baldwin Park City Council Benjamin Martinez From: Rudy Munoz <rmunoz@mdg-Idm.com> Sent: Thursday, June 13, 2019 1:54 PM To: Benjamin Martinez Subject: Revised Proposal - Consolidated Plan/AI Dear Mr. Martinez, It was a pleasure speaking to you earlier today regarding our proposal to prepare the City's Five -Year Consolidated Plana and Analysis of Impediments (AI) as required by the U.S. Department of Housing and Urban Development. As discussed, MDG Associates, Inc. (MDG), agrees to reduce the cost for the preparation of the two documents by $5,000. The new revised total for the development of the two documents will be $39,450. The revisions are contingent on the following revisions to the scope of work: I . Eliminating the need for MDG to prepare and provide a resource binder; 2. MDG not having to provide any hard copies of documents (digital version only) throughout the process; and 3. The City will be responsible for conducting all community and public hearing meetings required for the development and approval of both documents. MDG will still be responsible for providing all of the meeting materials to include agendas and PowerPoint presentations. Let me know if you have any questions regarding these modifications to our proposal. Best regards, Rudy Munoz 10722 Arrow Router Suite 822 M D G Rancho Cucamonga, CA 91730 ASSOCIATES - INC. P: 909.476.9696 x103 w F909.476.6086 e-mail:rmuhoz@mdg-ldm.com This e-mail and any attachment(s) are for the sole use of the intended recipient(s) and may contain privileged and confidential information. If you are not the intended recipient of this e-mail, any use, disclosure, copying or distribution of this message or attachment is strictly prohibited. If you believe that you have received this e-mail in error, please contact us immediately and delete the e-mail and all of its attachments. ATTACHMENT "B" Payments Contractor will complete the Consolidated Plan, One -Year Action Plan, and the Analysis of Impediments to Fair Housing Choice and One Year Action Plan for a fixed fee of $ . The cost is inclusive of the items listed in Attachment "A" and the proposal submitted by MDG Associates, Inc. The City shall pay MDG 50 percent (50%) of the contract amount upon submittal of the draft documents to the City for review. The balance of the contract shall be paid upon the approval of the documents by the City Council. ATTACHMENT "C" Insurance During the performance of services pursuant to this order, Consultant agrees as follows: 1. Comprehensive General Liability Insurance and Automobile Liability Insurance: Consultant shall carry comprehensive general liability insurance against claims for bodily injury and property damage on a per occurrence basis with a combined single limit of $1,000,000 and automobile liability insurance for owned, hired and non -owned vehicles on a per occurrence basis with a combined single limits of one million dollars ($1,000,000). Additional insured endorsements are required for general and automobile liability policies coverage. Prior to the performance of any services, Consultant shall furnish to the City appropriate certificates of such comprehensive general liability insurance coverage. Such insurance shall be primary to any other insurance maintained by the City, shall name the City of Palmdale as an additional insured, and shall not be canceled or reduced in any material manner except upon thirty (30) days written notice to the City. 2. Errors and Omissions Insurance: Consultant shall carry insurance for damages resulting from errors, omissions and negligence in the rendering of services pursuant to this order in the amounts of $1,000,000. Prior to the performance of any services, Consultant shall furnish to the City appropriate certificates or other satisfactory evidence of such insurance coverage. Such insurance shall not be canceled or reduced in any material manner except upon thirty (30) days written notice to the City. 3. Statutory Worker's Compensation Insurance: Sub -Recipient shall require the carriers of this coverage to waive all rights of subrogation against the Department, the City, their officers, volunteers, employees, contractors and subcontractors. Sub -Recipient shall maintain all California statutory requirements of $1,000,000 limit. STAFF REPORT ITEM NO. 9 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Work Is DATE: June 19, 2019 SUBJECT: Approval of Funds Transfer and Appropriation of Additional Funds for the Baldwin Park Transit Services Dial -A -Ride and Trolley Programs SUMMARY This item seeks City Council consideration for the approval of funds transfer and appropriation to reconcile expenditures related to the Baldwin Park Transit Dial -A -Ride and Trolley Programs in the amount of $211,000. RECOMMENDATION It is recommended that the City Council authorize the Finance Director to transfer and appropriate the available fund from Acct. #244-50-580-51100-15525 in the amount of $165,000 to Acct. # 244-50- 580-51100-15520 and in the amount of $46,000 to Acct. # 244-50-580-51100-15508 to cover Dial -A - Ride and Trolley services for the remaining fiscal year 2018-19. FISCAL IMPACT There is no impact to the General Fund. The following table which lists the funds available and funds being appropriated for this program for FY 2018-19. BACKGROUND Southland Transit, Inc. (STI) has been the City's transit operations services provider for over 26 years. STI started as San Gabriel Valley Transit (SGVT) in 1994, and the City of Baldwin Park was one of SGVT's first clients. On August 15, 2018, City Council approved a 2 -year extension to the Professional Services Agreement with Southland Transit, Inc. through an amendment to the existing Professional Services Agreement to provide Fixed Route, Dial -a -Ride and Commuter Express Line services. All services are funded by the Prop A Local Return Program. During a review of the transit program expenditures, staff found that expenditures for the Dial -A -Ride Program were inadvertently accounted as Fixed Route. Adjustments to the Transit Program are necessary to reflect actual expenditures to the Dial A Ride and Fixed Route services. DISCUSSION The adjustments require a budget transfer between accounts within the appropriated budget for Transit Services from Fund 244 (Prop A) in the amount of $165,000 from the Fixed Route Bus service to Dial -A -Ride service plus an additional appropriation of $46,000 to cover the Trolley services from the appropriated available fund in Fund 244. ENVIRONMENTAL REVIEW None Required. ALTERNATIVES The City Council may choose: Not to approve the budget adjustments. This action is adjustments are needed to continue the Dial -A -Ride interruption through the remaining of the current fiscal year 2. Provide staff with alternative direction. LEGAL REVIEW None Required. ATTACHMENTS None required. not recommended because the and Trolley services without STAFF R TO: Honorable Mayor and City Councilmembers FROM: Johnny Patino, Interim Chief of Police ^ DATE: June 19, 2019 SUBJECT: Renewal of agreement with All City Management Services for providing school crossing guard services for fiscal year 2019- 2020 SUMMARY This report seeks City Council approval for the police department to continue a contractual agreement with All City Management Services (ACMS). The agreement is for the continued administration of school crossing guard services. FISCAL IMPACT The negative impact to the general fund for FY 2019-2020 is $228,528.00. This is an increase of $33,696.00 from FY 2018-2019. This line item is in Cost Center 100.30.350.51100.13200.2. RECOMMENDATION Staff recommends City Council: 1. Approve the contract with ACMS for crossing guard services. 2. Authorize the Mayor to execute the agreement to continue contract services with ACMS. BACKGROUND The City of Baldwin Park has been receiving crossing guard services through ACMS since FY 2005- 2006, pursuant to an original agreement between the parties and amendments thereto. The current contract expires on June 30, 2019. ACMS has maintained a high level of service based on staff interaction with school district staff, parents, the crossing guard supervisor, and crossing guards. Staff has also observed crossing guards on duty. The amendment to the agreement contains an increase of hourly wage from $18.04 to $21.16 per hour per crossing guard for crossing service at fifteen (15) locations in Baldwin Park for the term of the proposed agreement, which will expire on June 30, 2020. In their proposed amendment, ACMS states that the need for the increased hourly wage is based on current low pay causing a very large rate of turnover in crossing guard employees, and the fact that last year's contract contained no pay raises. The cost of providing this service under the proposed amended agreement is not to exceed $228,528.00 for the proposed term, which is set to expire on June 30, 2020. For reference the last three fiscal year crossing guard service amounts are listed below: • 2016-2017: $186,732.00 • 2017-2018: $194,832.00 • 2018-2019: $194,832.00 Crossing Guard Service Contract Propdsed Renewal June 5, 2019 Page 2 The City administered crossing guard service internally through the Police Department for many years before contracting with ACMS in 2005. The decision to contract with ACMS eliminated a burdensome task from the Traffic and Patrol Bureaus, which were staffed much more robustly than they are today. Administering the employment and service of fifteen guards drew Traffic Bureau personnel away from their primary duties for significant amounts of time. The lead Parking Enforcement Officer was tasked with the majority of the administrative work involved with training, hiring and scheduling. In 2005, she completed a study of the amount of time involved; it ranged from 8 hours to 90 hours per month, with an average of 34.8 hours per month dedicated to administering crossing guards. When the Police Department administered crossing guard employees it was common that Parking Enforcement Officers, Police Cadets and even Police Officers were tasked with performing crossing guard duty on a regular basis when guard coverage was hampered by sick calls - common on rainy days - or vacancies in employment, which often occurred with short notice. Cadets spent an average of 50 hours per year performing crossing guard service, and Police Officers spent an average of 30 hours per year doing so. The decision to contract crossing guard services to our private contractor was made in order to eliminate the use of these personnel for crossing guard duty as well as the inordinate amount of time spent in-house administering crossing guard hiring, training and scheduling, and it has been a fiscally viable solution to these problems. Outsourcing crossing guard services is a common practice. ACMS is the only professional provider of service in our area. The following San Gabriel Valley cities contract services from ACMS: Arcadia, Azusa, Baldwin Park, Covina, Diamond Bar, EI Monte, Glendora, Pasadena, Rosemead, San Gabriel, San Marino, Temple City, Upland, Walnut, and West Covina. Overall, ACMS contracts to 110 Southern California agencies, as well as many others throughout the United States. LEGAL REVIEW The proposed contract has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES 1. Hire crossing guards and administer crossing guard service internally. 2. Allow the current contract with ACMS to expire and have no crossing guard program. ATTACHMENTS Proposed agreement with ACMS for crossing guard services in FY 2019-2020. Attachment 1 Proposed Agreement with ACMS • April 4, 2019 Lt. Chris Hofford Baldwin Park, City of 14403 East Pacific Avenue Baldwin Park, CA 91706 It is once again the time of the year when many agencies are formulating their budgets for the coming fiscal year. Toward that end, please allow this letter to serve as confirmation of our interest in extending our agreement for Crossing Guard Services through the 2019-2020 fiscal year. With the robust economy California has enjoyed for several years and the annual increases mandated for minimum wages our ability to recruit and staff Crossing Guard positions has progressively declined. While our spend on advertising and recruitment efforts has quadrupled over the past 3 years we cannot keep pace with our turnover ratio of 30%. Up to 40% of our new recruits that do join us often find a better paying part-time jobs within 6 weeks of starting. We are typically faced with the dilemma of other part-time job opportunities offering the same minimum wage rate without the task of going back and forth to work 2 times a day. Couple that with the inherent risks of accident and injury a Crossing Guard takes everyday and it clearly becomes the less desirable choice. This year we are in crisis mode in many if not most of the cities we serve in California. The number of "No Guard" sites we are experiencing this year is alarming and unacceptable for me and all of our stakeholders. With this in mind we must appeal for a fairly significant increase in our pricing this year. The rate we are proposing for the 2019-2020 fiscal year is $21.16 per hour. Our price increase request is based on all the factors previously stated and our conclusion that we must offer Crossing Guard wages above the minimum wage rate to effectively recruit and retain a viable workforce. To facilitate the calculation of the annual cost of your Crossing Guard program we have developed and included with this letter a Client Worksheet. This Worksheet is our best estimation of the hours and cost of your program as it exists currently. While we remain committed to providing a safe, cost-effective and professional School Crossing Guard Program we hope you will find this new pricing acceptable as we work through this crisis. If you have any questions or need additional information, please contact me at (800) 540-9290. Take care. Sincerely, Xn Aa - G Corporate Secretary "Keeping Children Safe" A 10440 Plow= Biwi„ SWie 5, Sown Fe sp&p, CA 9M?O V (SM) 590-9290 i (SOU) 430-1059 6 aCm9sdety.com All City Management Services Inc. Client Worksheet 2019 - 2020 Department: 7605 Billing Rate for 2019/2020: $21.16 KEY: Traditional Calendar. For sites with no regularly scheduled early release days, use 180 regular days with d iii pal calendar: City of Baldwin Park 14403 E. Pacific Ave. Baldwin Park, CA 91706 60 1 1 180 1 1 $21.16 1 1 $228,528.OQ 15 Sites at 4.0 hrs tier day Total Hrs/dav X days/vr X Hourly BillinLy Rate TOTAL PROJECTED HOURS 10800 TOTAL ANNUAL PROJECTED COST $228,528.00 STAFF REPORT ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: June 19, 2019 SUBJECT: Approval of Use Agreement with the County of Los Angeles for Construction and Maintenance of the San Gabriel River Class 1 Commuter Bikeway in Exchange for the Use of County Right -of -Way SUMMARY This report seeks Council consideration for the approval of a Maintenance Agreement allowing the City of Baldwin Park to construct a Class 1 Bikeway along the San Gabriel River from Ramona Boulevard to Walnut Creek Wash connecting to Walnut Creek Nature Park and continuing on to Baldwin Park Blvd. for the beneficial use by the general public by providing routine maintenance of the proposed commuter bikeway. RECOMMENDATION It is recommended that the City Council approve the Use Agreement with the County of Los Angeles in exchange for the use of County right-of-way for the construction and maintenance of the San Gabriel Commuter Bikeway and authorize the Mayor to execute the agreement. FISCAL IMPACT There is no impact to the general fund. The costs for construction of the proposed improvements are included in the approved FY 2018-2019 Capital Improvement Program (CIP). Maintenance operations costs will be absorbed by the various maintenance cost centers in future Public Works budgets through the term of the Use Agreement. BACKGROUND Los Angeles County Metropolitan Transportation Authority (LACMTA) authorized a grant to the City of Baldwin Park for the design and construction of approximately 2.5 miles of a Class I bike and pedestrian path along the San Gabriel River from Ramona Boulevard to Walnut Creek Wash connecting to Walnut Creek Nature Park and continuing on to Baldwin Park Boulevard. The proposed commuter bikeway path traverses' jurisdictional boundaries controlled by the City of Baldwin Park, Los Angeles County Flood Control District (LACFCD), The California Department of Transportation (Caltrans) and the U.S. Army Corps of Engineers. In January 2019, final design plans have been submitted to Los Angeles County Flood Control District, Caltrans, and U.S. Army Corps of Engineers, among other agencies for approvals to obtain encroachment permits for the construction of the bikeway. As part of the permit conditions by the County of Los Angeles for the use of its right-of-way, a Use Agreement needs to be in place for the issuance of the encroachment permit to construct, use, and maintain the bikeway by the City. The construction of the improvements is expected take place in late 2019. DISCUSSION Under the Use Agreement, the City of Baldwin Park agrees to take -on routine maintenance of the constructed bikeway improvements within the County's right-of-way. Maintenance activities are limited and apply only to the premises to be used for bikeway improvements constructed by the City. These include keeping, inspecting and maintaining the bikeway premises in a safe, clean and orderly condition. The City agrees to repair or replace damaged bikeway infrastructure, close all gates and secure the premises from public access during non -operation hours and perform weed, litter and pest control. The City further agrees to remove and abate graffiti within 24 hours upon notice from the County and other graffiti within 72 hours during normal operation hours. The maintenance schedule is attached to this report as Exhibit B of the Use Agreement. The term of the Use Agreement is anticipated for 10 -years, however, at the time of expiration, the Parties, upon approval of the respective governing boards may agree to extend the term of the agreement beyond the initial term. ALTERNATIVES 1. The City Council may choose to reject the Use Agreement. This action is not recommended as rejecting the Use Agreement will delay the completion of the project and the City may risk losing grant funds. Additionally, this project has been leveraged by an Active Transportation Grant (ATP) and the City may risk losing that grant as well. Not delivering on these projects may have an adverse effect on future grant opportunities. 2. Provide Staff with alternative direction. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Use Agreement Attachment 1 Use Agreement Use Agreement No. 19-45 Use Agreement No. 19-45 San Gabriel Parcels: 381 and 541 Walnut Creek Parcels: 73, 107, 116, 151, 152, 153, 154, 155, 156, 157, 161, 162 and 163 ROW Map Nos: 6 -RW 7.1 AND 20 -RW 11.4 A.I.N.: 8550-001-902, 8550-001-907, 8564- 012-901, 8564-012-920, 8564-012-908, 8564- 009-908, 8564-014-905, 8564-015-900, 8559- 010-900, 8559-013-909 Supervisorial District: 1 USE AGREEMENT This Use Agreement is entered into by and between the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, herein referred to as "DISTRICT" and USER's name CITY OF BALDWIN PARK, herein referred to as "USER" RECITALS WHEREAS, DISTRICT owns fee and easement interests to portions of San Gabriel River generally located at the confluence with Walnut Creek, in the City of Baldwin Park, State of California and, as more particularly shown on Exhibit A, attached hereto and made a part hereof, hereafter referred to as PREMISES; and WHEREAS, USER proposes to use a portion of PREMISES for public recreational purposes in connection with the USER's project known as the San Gabriel River Commuter Bikeway Project hereinafter referred to as (the Project); and WHEREAS, USER proposes to construct, operate, and maintain certain improvements on PREMISES in connection with the Project, including but not limited to a pedestrian and bicycle path, signage, traffic striping and metal hand rails, hereafter referred to as IMPROVEMENTS. Page 1 of 14 TENANT'S Initials_ DISTRICT'S Initials Use Agreement No. 19-45 NOW, THEREFORE, in consideration of these recitals and the faithful performance by USER and DISTRICT of the mutual covenants herein contained for the period of time herein set forth, DISTRICT and USER hereto mutually agree as follows: SECTION 1. Authorized Use 1.1. USER is authorized and permitted to use PREMISES for the construction, operation, maintenance, and use of IMPROVEMENTS in accordance with the terms and conditions of this Use Agreement and the approved plans. USER is not permitted to dedicate or personalize any IMPROVEMENTS or place signage on the PREMISES without prior written approval by DISTRICT. Any other use of PREMISES by USER is expressly prohibited. 1.2. USER acknowledges San Gabriel River and Walnut Creek is a working flood protection and water conservation facility and USER'S use of the PREMISES shall be subordinate to the primary uses and purposes of the PREMISES for watershed management including flood control, water conservation, and water quality purposes by DISTRICT and others (pursuant to DISTRICT'S permission), and USER'S use of PREMISES shall at no time interfere with the use of PREMISES or the use of DISTRICT'S adjacent property and/or improvements for such purposes or activities. 1.2.1. USER acknowledges that DISTRICT performs periodic maintenance on and within San Gabriel River and Walnut Creek. DISTRICT reserves the right to temporarily restrict or prohibit public access to some or all of the PREMISES, as DISTRICT determines to be reasonably necessary to perform these maintenance activities. DISTRICT shall not be responsible for providing alternative bicycle/pedestrian access to or within PREMISES during these maintenance activities. 1.3 DISTRICT reserves the right to use or allow others to use PREMISES for any and all lawful purposes in addition to flood control, water conservation, and water quality purposes including, but not limited to, public transportation, utilities, roads, parks and recreation, and/or other related uses together with incidental rights of construction and installation of facilities, ingress and egress, operation and maintenance. The exercise of the rights reserved herein shall not be inconsistent with the USER'S use or constitute unreasonable interference. Page 2 of 14 TENANT'S Initials DISTRICT'S Initials Use Agreement No. 19-45 1.4 This Use Agreement is valid only to the extent of DISTRICT'S jurisdiction. Acquisition of permits required by other affected agencies or agencies with regulatory jurisdiction over PROJECT or IMPROVEMENTS and the consent of underlying fee owner(s) other than DISTRICT, hereinafter collectively referred to as THIRD -PARTY APPROVALS, if any, and is the responsibility of USER. USER shall be responsible for all costs associated with obtaining and complying with the requirements and conditions of all THIRD -PARTY APPROVALS, including, by way of example, permit fees and compensatory mitigation expenses. USER shall provide DISTRICT copies of all THIRD -PARTY APPROVALS. SECTION 2. Construction and Maintenance of IMPROVEMENTS 2.1. USER understands and acknowledges that it is. required to comply with the requirements set forth in the California Environmental Quality Act CEQA and the State CEQA guidelines, the National Environmental Policy Act (NEPA) and any applicable NEPA regulations of any federal agency with regulatory jurisdiction over PROJECT or IMPROVEMENTS prior to implementing IMPROVEMENTS and that USER shall be the lead agency with respect to any and all CEQA compliance related to IMPROVEMENTS. In addition to its other indemnification obligations as specified below, USER hereby agrees to indemnify, defend, and hold harmless DISTRICT and County of Los Angeles and their elected and appointed officers, employees, and agents from and against any and all claims and/or actions related to IMPROVEMENTS that may be asserted by any third party or public agency alleging violations of CEQA or the CEQA Guidelines or the NEPA. 2.2. USER shall bear all costs in connection with the construction of the IMPROVEMENTS, including preparation of plans and specifications and all construction costs and expenses. 2.3. Prior to commencement of any construction activity on PREMISES by or on behalf of USER, USER shall submit the plans and specification for the IMPROVEMENTS, and shall apply for and obtain a permit from, the Land Development Division, Encroachment Permits and Inspection Section, of the County of Los Angeles Department of Public Works. USER shall also obtain DISTRICT's prior written approval should USER propose to make any changes to the approved plans and specifications. DISTRICT shall have the right to refuse to issue a permit to USER if PROJECT or IMPROVEMENTS or any condition of any THIRD -PARTY APPROVAL impose additional regulatory requirements or impediments on the primary uses and purposes of PREMISES for watershed management, including Page 3 of 14 TENANT'S Initials_ DISTRICT'S Initials Use Agreement No. 19-45 flood control, water conservation, and water quality purposes, by DISTRICT and others (pursuant to DISTRICT'S permission). 2.4. Upon completion of the construction of IMPROVEMENTS, USER shall provide DISTRICT with approved as -built plans. 2.5. USER shall keep, inspect, and maintain PREMISES and IMPROVEMENTS in a safe, clean, and orderly condition at all times during the term of this Use Agreement. USER shall adhere to the minimum maintenance standards as described in Exhibit B, attached hereto and made a part hereof, during the term of this Use Agreement and shall not permit trash and debris including, but not limited to, rubbish, tin cans, bottles, and garbage to accumulate at any time, nor shall USER commit, suffer, or permit any waste on PREMISES or IMPROVEMENTS or permit any acts to be done in violation of any laws or ordinances thereon. 2.6. USER shall remove graffiti from PREMISES and IMPROVEMENTS and any walls, fences, and signs, that are located within PREMISES anytime graffiti is discovered by USER or anytime USER is notified by DISTRICT. Graffiti must be removed within the following guidelines: 2.6.1 Remove vulgar graffiti (i.e., profane, obscene, or racist) within 24 hours, Monday through Friday. 2.6.2 Remove other graffiti within 72 hours, Monday through Friday. 2.7. USER shall replace or repair any property of DISTRICT that becomes damaged by USER or any person entering PREMISES at USER'S invitation or consent of, either expressed or implied, within a reasonable time to the satisfaction of DISTRICT or USER shall compensate DISTRICT for the damage within thirty (30) days of the USER'S receipt of an invoice from DISTRICT. 2.8. USER shall close all gates and take all actions necessary to render the PREMISES inaccessible to public access in the event USER abandons its operation and maintenance of IMPROVEMENTS or when the weather forecast for the next 24-hour period is for one (1) inch of rain or more, or when notified by the DISTRICT. SECTION 3. Term Page 4 of 14 TENANT'S Initials_ DISTRICT'S Initials Use Agreement No. 19-45 3.1. The term of this Use Agreement shall be for ten (10) years commencing upon execution by DISTRICT subject to DISTRICT'S right to terminate USER'S use as provided for in Section 4 below. 3.2. This Use Agreement shall expire at the end of the Initial Term provided, however, that DISTRICT, upon approval by DISTRICT'S Board of Supervisors, may extend the term of this Use Agreement beyond the Initial Term, subject to such terms and conditions as it deems appropriate, upon receipt of a written request from USER no earlier than twelve (12) months or later than six (6) months prior to the end of the Initial Term. SECTION 4. Termination of Use 4.1. DISTRICT shall have the right to cancel this Use Agreement and terminate USER'S use of PREMISES by giving USER at least ninety (90) days' prior written notice under the following conditions: 4.1.1. DISTRICT proposes to implement a project on, or including, PREMISES for watershed management purposes including flood control, water conservation, and water quality; and 4.1.2. DISTRICT determines, in good faith, that IMPROVEMENTS and/or USER's use of PREMISES, or any of them, would be substantially incompatible with the proposed project; and 4.1.3. DISTRICT has notified USER of the basis for DISTRICT'S determination that a substantial incompatibility will exist and has provided USER with a reasonable opportunity to propose modifications to IMPROVEMENTS or USER's use of the PREMISES that will eliminate the incompatibility. 4.2. DISTRICT shall have the right to cancel this Use Agreement and terminate USER'S use of PREMISES by giving USER at least 60 days prior written notice if: (1) USER breaches any term or condition of this Use Agreement, or (2) changes in federal, state or local laws, rules and regulations result in the presence or use of IMPROVEMENTS imposing additional regulatory burdens or impediments on the primary uses and purposes of PREMISES for watershed management, including flood control, water conservation, and water quality purposes, by DISTRICT and others (pursuant to DISTRICT's permission). 4.3 DISTRICT shall have the right to cancel this Use Agreement and terminate USER'S use of the PREMISES if construction of the IMPROVEMENTS has not been completed within five (5) years from the date this Use Agreement is fully executed. Page 5 of 14 TENANT'S Initials_ DISTRICT'S Initials Use Agreement No. 19-45 4.4. DISTRICT shall have the right to immediately cancel and terminate USER's use of PREMISES, or, at DISTRICT's sole discretion, to temporarily suspend such use in the event DISTRICT determines, in good faith, that it is necessary for DISTRICT to enter and take exclusive possession of PREMISES in order to respond to an emergency, as defined in Public Contract Code Section 1102. In the event of an emergency, USER shall bear any expenses associated with the cessation of such use, and shall have no rights or claims therefore against DISTRICT. 4.5. USER shall have the right to cancel and terminate its use of PREMISES, pursuant to this Use Agreement, for any reason by giving DISTRICT at least sixty (60) days prior written notice. SECTION 5. Removal of Improvements and Restoration of Premises 5.1. Upon the expiration or sooner termination of this Use Agreement, USER shall, at its own expense, remove IMPROVEMENTS and restore the PREMISES, to a condition similar to or better than that which existed on the effective date of this Use Agreement, reasonable wear and tear excepted, provided, however that District, upon receipt of a written request from USER, may permit USER to leave all or portion of said IMPROVEMENT on PREMISES. 5.2 Prior to commencing the removal of IMPROVEMENTS, USER shall apply for and obtain a permit from the Land Development Division, Encroachment Permits and Inspection Section, of the County of Los Angeles Department of Public Works. 5.3. If USER fails to remove IMPROVEMENTS and restore PREMISES within ninety (90) days of the expiration of this Use Agreement or sooner termination of USER's use of PREMISES, pursuant to this Use Agreement, DISTRICT may remove IMPROVEMENTS. 5.4. If DISTRICT removes IMPROVEMENTS pursuant to Subsection 5.3, DISTRICT shall submit a billing invoice to USER indicating the costs and expenses incurred by DISTRICT in connection with the removal of the IMPROVEMENTS and USER shall reimburse DISTRICT all such costs and expenses for removing said IMPROVEMENTS within thirty (30) days of the billing invoice. SECTION 6. Miscellaneous Terms and Conditions 6.1. Indemnification Page 6 of 14 TENANT'S Initials DISTRICT'S Initials Use Agreement No. 19-45 6.1.1 In accordance with Government Code Section 895.4, DISTRICT and USER Agree to apportion responsibility and indemnification, notwithstanding any other provision of law, as follows: 6.1.1.1. USER shall indemnify, defend, and hold DISTRICT and the County of Los Angeles and their respective officers, employees, and agents harmless from, and against, any claims, demands, liability, damages, costs, and expenses, including, without limitation, involving bodily injury, death, or personal injury of any person or property damage of any nature whatsoever, arising from, or related to, the construction, reconstruction, maintenance, operation, use or removal of IMPROVEMENTS or USER's breach of any term of this Use Agreement, except to the extent caused by the willful misconduct of DISTRICT. 6.1.1.2. DISTRICT shall indemnify, defend, and hold USER and its officers, employees and agents harmless from and against, any claims, demands, liability, damages, costs, and expenses including, without limitation, involving bodily injury, death, or personal injury of any person or property damage of any nature whatsoever, arising from or related to the construction, reconstruction, maintenance, operation, or removal of any improvements by DISTRICT on, above, or under PREMISES or arising from any and all uses of PREMISES by DISTRICT, except to the extent caused by the willful misconduct of the USER. 6.1.2. USER releases DISTRICT and waives all rights to damages for any loss, costs, or expenses USER may sustain as a result of any damage to, or destruction of, IMPROVEMENTS or to the PREMISES attributable to DISTRICT's watershed management activities, including any flood control, water conservation or water quality activities on, or adjacent to, PREMISES, or attributable to any flooding caused by inadequacy or failure of DISTRICT's facilities, except to the extent caused by DISTRICT'S willful misconduct. 6.1.3. Each party to this Use Agreement shall include the other within the protection of any indemnification clause contained in any ancillary contract relating to PREMISES. 6.2. Without limiting USER's indemnification of DISTRICT, USER shall procure and maintain, in full force and effect during the term of this Use Agreement, insurance policies providing for the following insurance coverage: Page 7 of 14 TENANT'S Initials DISTRICT'S Initials Use Agreement No. 19-45 Commercial general liability and property damage coverage with a combined single limit liability in the amount of not less than TWO MILLION DOLLARS ($2,000,000) per occurrence. Worker's Compensation coverage in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both DISTRICT and USER against any loss, claim, or damage arising from any injuries or occupational diseases occurring to any worker employed by, or any person retained by, USER in the course of carrying out the work or services contemplated in this Agreement. Automobile Liability Insurance: USER shall procure such policy with coverage of not less than One Million Dollars ($1,000,000) per accident. The County of Los Angeles and Los Angeles County Flood Control District, its governing board, officers, agents, contractors, and employees shall be named as Additional Insureds on all policies of liability insurance. USER shall furnish to DISTRICT a Policy of Insurance evidencing USER's insurance coverage no later than (10) working days after execution of the Agreement, but before USER takes possession of the Premises. Upon renewal of said policy, USER shall furnish to DISTRICT a Certificate evidencing USER's continued insurance coverage as required herein. The DISTRICT may accept, should USER elect to provide, a Certificate of Self -Insurance. The limits of such self-insurance coverage shall meet or exceed those stated herein. 6.3. USER and DISTRICT shall have no financial obligation to each other under this Use Agreement, except as herein expressly provided. 6.4. The parties expressly recognize and intend that in consideration of this Use Agreement, which is solely for USER's benefit, DISTRICT is not to incur any liability whatsoever for any injury, death, or property damage arising from any use of PREMISES or IMPROVEMENTS by persons who gain entry through openings or areas provided for USER's use except as provided in Section 6.1.2. 6.5. DISTRICT, its Board, and any authorized officer, engineer, employee, or contractor, through its agents or representatives, shall have full right and authority to enter in and upon PREMISES at any and all reasonable times during the term of this Use Agreement, all without interference or hindrance by USER, its agents, officers, contractors, employees, or Page 8 of 14 TENANT'S Initials_ DISTRICT'S Initials Use Agreement No. 19-45 representatives for the purpose of inspecting the same and to serve or post any notice required or permitted by law for protection of any right or interest of DISTRICT. 6.6. Except as to fuels, lubricants, and products associated with motorized vehicles, equipment, gardening, or maintenance -related substances, or all of the above, USER shall not cause or allow the presence, use, storage, or disposal of any hazardous substances on or about PREMISES without the prior written consent of DISTRICT, which consent shall not be unreasonably denied. In the event of spillage, leakage, or escape of any hazardous substance onto PREMISES, USER shall immediately notify DISTRICT by calling (800) 675-4357. If the spillage, leakage, or escape was caused by USER, USER shall promptly remove any such substance from PREMISES to DISTRICT's satisfaction. In addition to removing any of USER's hazardous substances, USER shall be liable for and reimburse DISTRICT for any and all cost and expenses that DISTRICT may incur or suffer as a result thereof. Such responsibility shall include cost or expenses as DISTRICT may incur by reason of Federal, State, local, or other authoritative agency's laws and regulations. Notwithstanding the foregoing, USER shall have no responsibility regarding any spillage, leakage or escape associated with any of DISTRICT's tenants, licensees or easement holders. 6.7. Any notice to be given or document to be delivered by DISTRICT or USER to the other party may be delivered in person to either party or by private courier or may be deposited in the United States mail, duly registered or certified, with postage prepaid and addressed to the party for whom intended as follows: To DISTRICT: Los Angeles County Flood Control District Survey/Mapping & Property Management Division P.O. Box 1460 900 South Fremont Avenue Alhambra, CA 91802-1460 tel.: (626) 458-7023 or (626) 458-7072; fax (626) 979-5322 For emergencies, contact (626) 458 -HELP (4357) To USER: Shannon Yauchzee, Chief Executive Officer City of Baldwin Park Address: 14403 East Pacific Avenue Baldwin Park, CA 91706 Attention: John Beshay tel.:(626) 960-4011 Ext. 459; fax: (626) 962-2625 Page 9 of 14 TENANT'S Initials_ DISTRICT'S Initials Use Agreement No. 19-45 Page 10 of 14 TENANT'S Initials_ DISTRICT'S Initials Use Agreement No. 19-45 This Use Agreement has been executed on behalf of DISTRICT and USER by and through their respective duly authorized representatives, on the _ day of 20 DISTRICT: LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic MARK PESTRELLA Director of Public Works Z James T. Sparks Assistant Deputy Director Date APPROVED AS TO FORM: MARY C. WICKHAM County Counsel 0 Deputy USER: CITY OF BALDWIN PARK, Lei Manuel Lozano, Mayor Date Z APPROVED AS TO FORM: Robert M. Tafoya, City Attorney Date Page 11 of 14 TENANT'S Initials DISTRICT'S Initials DRAFT Use Agreement 19-45 ACKNOWLEDGMENT FORM A noWy pubic orolner amrxrcomp�enrg tnic cernrtwlever nes only ma i mt Inal:," w a u9^ed the '*%lM NK - rt ai tl trtNaykl I • t tl er . STATE OF CALIFORNIA { ss. COUNTY OF ) On before me. Notary Pulik, (insert name of the ofEeer) (Insert title of the officer) personalty appeared (insert names) and W*s)) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that helsheilthey executed the same in hiislherAheir authorized capacity(ies), and that by hishtedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) NOTARIES: ATTACH ADDITIONAL OR OTHER FORMS, IF REQUIRED ACKNOWLEDGMENT FORM (FOR COUNTY USE ONLY) Anmarypubic orbrier omoercaimR cemcamverrusonty iclifiryameF WE daasrert � •sem tnw cernticate tc attarasea, anu nu me mnmtneac, . ar,� bt mat tloamert STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On before me, of the County of Los Angeles, personally appeared. Deputy County Clerk who proved to me on the basis of satisfactory evidence to be the persons) whose names) islane subscribed to the within instrument and acknowledged to me that helshelthey executed the same In hislherAheir authorized capacity(ies), and that by hislherhheir signature(s) on the instrument the person(s), or the entity, upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 8Y Deputy County Clerk of the County of Los Angeles (Sea() HOA.101380083.2 12 DRAFT Use Agreement 19-45 EXHIBIT B SCOPE OF WORK: LANDSCAPE MAINTENANCE HOA.101380083.2 14 Tree Trimming Remove dead, deceased, insect -infested and As needed damaged branches and limbs Prune Elm, Eucalyptus, and Pepper trees Every two (2) years Prune all other trees Every three (3) years Dispose of all trees downed by natural or As needed unnatural causes Tree Staking Install stakes when tree is damaged, requires As needed support, or is less than three (3) inches in diameter Check ties, and stakes Once 1 a month Shrubbery/ Shrubs and vines shall be trimmed to restrict As needed Vines growth onto the adjacent roads, driveways, and Trimming walkways Shrubs should be trimmed to not grow taller Once (1) a year, in than 4 feet, and no shorter than 3 Y2 feet March Trimming should look natural — no shearing Remove dead or diseased plant materials As needed Ground Cover Keep ground covers adjacent to roadways Twice (2) a year, in Trimming and away from paved surfaces March and September Care Edges should look natural — no shearing Ornamental Trim vines and ornamental grass in an artisan- Once (1) a year, in Grass like manner — no scalping September. Trimming Ornamental grass and vines along bicycle trails Twice (2) a year, in March and September Weed Control Keep landscaped areas free of weeds Once (1) a week Remove all weeds from walkways, drainage Once (1) a week areas, and cracks in all hard surface areas Litter Control Remove litter and accumulated debris from Once (1) a week landscaped areas Empty and clean trash cans/receptacles Once (1) a week Replace pet litter bas Once 1 a week DO NOT handle hazardous waste materials Watering and Operation of automatic irrigation controllers in a Irrigation way to not cause excessive wetness System Inspect and maintain irrigation system As needed Rodent Control Maintain all areas free of rodents, in As needed compliance with Federal, State and local laws — to be completed by California Certified Applicator HOA.101380083.2 14 NIX OA, a. w -Y 75 a w cn 0 a. 0 w a. ---mi-W<= w 13 0 W D 0 L) w w w ry Z r 10 it, tip. iLLJ i ti mz' ry Mz uj LU LO 4- 0 O V to,2(; 0t iq �x-- �uowa�-,b�, 4�unOO Ja,%!�d 9JqDD 'JOS-93 ­INOA�11 - I r) 2,, - [,xq ,:qiqx3',,r,� All, S833NION3 3unionillSVVANI 1=131 MOTIO 33S 3NIIHOiVN W 1331 M0139 33S 1331 M0139 33S 3NI'lHOiVVi 3NIIHOiVVi I m I A 0 -31/VVI 0-33S CV) -t vkv 0 4-- 04 11 Z 0 CN 04 y Ld 0 L) u m �t x a °o y ce LLJ ui EN .9 m 0: L- a_ N En U - T3 Ln w <a) LLJ 0 < V) m < z ma co 0 1 z LLI < OP Lu V) z f— Z7 LL Lu co LL < 0- w Y > w X ca < im z < C/) z < ui < a Na) LLI z V)'< V) to w CL l'i CK w U- uiw ch u_ y , I w 0 Lj j(o 3: C4 m W En DWI lrzj Of LU W LU V) ui L KW IVI J-HS11:J3AO8V33S lHOINMOSVik lHVW3AOGV33S IF 3NI-1HO.LM 3NIIHO1VY4 3NIIHO1VVi Sa33NION3 Ln 0 cq 0 1331 MOIBB 336 3NIIHOlVIN I331 M013S 93S 3NIIHOiVVq SN33NION3 3wnionaievuzim tn 0 .0 m t -j C) a. w uiLXLU M o0 tiv w 1 O w II ti L) D 0 -C 0 L) u C%4S SN33NION3 3wnionaievuzim tn 0 .0 m t -j C) a. w uiLXLU M o0 tiv w 1 O w II 6 z N(Y) L) D 0 -C 0 L) u C%4S A =j �0-10 AV• 0) — L. 0 S § I UJ r CL C14 (f) z QWV) w < z C! W 0 C-) < U) (n V)4 C)i Sl F - 2 F) rl� 3w cx pi CL S 64 < CK W U- ti L.Lj < LL 0 ui to Cj iWn CO C-4 CL D w N < A. Lu Rf Z S a. :3uj mz - ui W salas IHOI�l 3AOSV 3-3S -j -3NI-IHO.LVIN 3NIIHOIVyy iHOW 3AOSV 33S 3NI-lHOJ-VVY SN33NION3 3wnionaievuzim tn 0 .0 t -j C) a. CY) o0 w O w II 6 z N(Y) 0 V) LLJ 0 -C 0 L) u C%4S A a) 0) — L. 0 (1) -C CL C14 (f) Vj QWV) w z C! W 0 C-) < U) (n V)4 C)i SN33NION3 3wnionaievuzim tn 0 .0 t -j C) a. Y w O w 0 V) LLJ 0- 0 co < QWV) w z C! W 0 < U) V)4 2 F) rl� 3w cx pi CL CK W U- W w VO) LL 0 to Cj iWn CO W D w mU) Lu Rf Z :3uj mz - ui W LL Z -j SN33NION3 3wnionaievuzim tn 0 .0 STAFF REPORT ITEM NO. 12, TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Work1le 491/11, DATE: June 19, 2019 SUBJECT: Approval of Final Tract Map No. 73992 to Subdivide One (1) Lot into Eight (8) Residential Lots SUMMARY This report requests that the City Council authorize the approval of the Final Tract Map 73992 pursuant to the State Subdivision Map Act and Section 152.10 of the City of Baldwin Park Municipal Code. RECOMMENDATION Staff recommends that the City Council accept the Final Tract Map 73992 and authorize the City Clerk, City Treasurer and staff to sign the Final Tract Map. FISCAL IMPACT The approval of the Final Tract Map will have no impact to the City's General Fund. BACKGROUND Request to subdivide one (1) Lot into eight (8) lots within the R-1 Zone. The subject lot is located on the East side of Barnes Avenue, between Salisbury Street and Royston Street. The property is rectangular in shape and is approximately 100 feet in width by 400 feet long, totaling about 40,000 square feet in land area. The lots are accessible through Royston Street, which is located along the southerly lot boundaries. A grading Plan, Improvement plans for water, sewer, and storm drainage have been submitted and approved pursuant to the conditions of approval for this map. The developer has prepared and submitted Improvement bonds for Improvements, Material and Labor pursuant to the approved conditions and signed Improvement Agreement. The Tentative Tract Map was first approved in June 22, 2016. Both the Baldwin Park Municipal Code and the State Subdivision Map Act allows staff to approve Tract Maps on a ministerial basis by the City Engineer if so required, however, no extensions were necessary. Staff has reviewed the Final Tract Map and has determined that the map substantially conforms to the approved Tentative Map and conditions, set forth for on and off-site improvements. Upon approval and pending signatures from staff, the map will be sent to the LA County Fire for final clearance before being recorded at the Los Angeles County Recorder's office. Engineering staff has reviewed the Final Map and finds that it substantially conforms to the Tentative Map conditions of approval. ALTERNATIVES A Final Map that is in substantial compliance with the previously approved tentative map cannot be denied approval (Government Code §66474.1). Further, if the Final Map is not approved at the first meeting or at the subsequent meeting from when the Final Map was presented for approval and the map is in conformance with the requirements of the Subdivision Map Act, the map will be deemed approved without any further action from the City Council (Government Code §66458). Since the Final Map is both in substantial compliance with the previously approved tentative map and it is in conformance with the requirements of the Subdivision Map Act, there is no alternative but to approve. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Los Angeles County Assessor's Map 2. Final Tract Map 73992 (sheets reduced) 3. Resolution PC16-10 Attachment 1 LA County Assessor's Map • • m r ATTACHMENT NO. 1 LOS ANGELES COUNTY ASSESSOR'S MAP APN: 8556-001-004 SCALE 1^ = 100' TRA OFFICE OF ASSESSOR REVISED 2087 COUNTY OF LOS ANGELES 870121001-8 7 P.A. 8550-26.42 ( COPYRIGHT © 1992 9304/1/0009002.06 BK 8550 / 60 Q o .. o y �4 N A ge�9 RI "6T C 44 2 6g A4 E � M 0 86 m �3sP 39 / Attachment 2 Final Tract Map 73992 ATTACHMENT NO. 2 FINAL TRACT MAP FM 73992 TRACT MAP 73992 SHEET I OF 2 SHEETS IN THE CITY OF BALDWING PARK COUNTY OF LOS ANGELES STATE OF CALIFORNIA. FOR SUBDIVISION PURPOSES BEND A SUBDMSION OF A PORTION OF RANCHO LA PUEME AS SHOWN ON MAP, RECORDED N BOOK 1 PAGE 43 AND 44 OF PATENTS RECORDS OF LOS ANCEIM COUMY AI�IpMWYTMemo �i {p��l��BKp�p Mw ="" dole �6Z (RorSI -"cal �I AS INS SOlIdrMtD R A O w IDI/► ISIDO L AN SOIOMlR w w OlINYL IOOOROO. RmN00 OF LOS AN OM ONMM H SM of OMMU M ) M, OOINRY or LAS nomm ) ON 0010 K NDORY 111N10. FBONMLLY AFFWH` M Nam, llt 1ROpI R"p� 71R N�N� MQ�ONO OM MILAN O 10K « OF calls w Iwo LHLIUO 1wt of NOOMY CLAMMY N NOON OOWHNa OONIY. w tlNNLNLION cacao w aaNNLHN N1SOB1 am or aussom ) SL cow" 4w Los Ammoss ) OM J0010 r IIOSIRY OISN14 �OIWL7 I011O4p/ISMO �M0�1� 70 U�NOW! OF MHI M `�DOwYIm M0000iryROIRS0OIOR.� qO SAH 71� �pO[ OYIONM 71YR O 10R MIbwON000f. w HIO w Iwo Iwt or NOOMY aNMM N OINI CNRSK I& ONNM011 60000 w OOIRLLL1oN /NSM1 IRms OlM�RO IwRfi AIO®1 ANN 1 0/ i1sa I1w�°�BMOIIOII MNt °~arrlDlROr us MN IQHMW OOOlY INV swKwY T AMM 1NIH ND AL~ CO{MLBOI or LOH OII M IND ONNN oN 1K ow w IYIIIOO. 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IWR HN Cm RINNO P C[ //f8S losolm R Pun"aw. 1f/3 =6 CITY CLOWS CERnFICATE RSH of OMAR)M M ) SL ONIar 4wAOMN00g1I.I)p� sp1�1�L�/RH� MANORS ,W AMM T100111NI M0 AOR /�aIL.Y IYIMm 11110 BROH� MIL ll� 1611AH A AAA ONOr OVUM OW QL= am Off or N4Nr0 RIOT MY /{1Lf0TRPLANNER'S 1�STATEMENT M q1Y O .Y 1. 11MMOtL�WR OHIs°'0O'1" M. MM L 01/0OLCRY KAWSK ow CIM w SAM NO prm SPECIAL ASSESSAMMM CERT*ICATE: I HMW COMM IRT ALL WMAL Alll O LLYM MOOT M J� or M CITY or MSCOD AION 10 SINN 110 UIID NCILO® N M WHIN OMYMIN ON AM RM► 7s 0 ft0 . AND IRON Mw S IND N ML. HNX s1 RIO N ML UMM A CONINBNN. CIM IOAOSO! oxx OIM or MIANNO MIRK F�SEMENT NOTE L/SOOR Mm "Muc INH► r"D AID NOINV Ol0NN1NH N1HTJ IOOOIIOm ON NOOK 14000. MINL 13aOAAOIR plocow IHNOO Or LOS AIrYa OoU11Y. SCALE 1" - 50' LEGENDS LAND ml�IE01iN0MR W 7im M Iw EASEMENTS ® FM0FO0® O R MIO[ FumIO UIUIY WBOR. BASIS OF BEAFMNGS w/ nt 1N�pv Ai N MR � 7S� MI - TRACT MAP 73992 IN THE CITY OF BALDWIN PARK, STATE OF CALIFORNIA. FOR SUBDIVISION PURPOSES STREET RAMONA�_ _ — — ro� — 1� ST. JAMES 4 — STREET W,16 F'O./>11i. I I I� BLENHEIM STREET SHEET 2 OF 2 SHEETS �1 w ss«vr w SALISBURY STREET 7MI tj — — — $— z»Mo L I Fa OIIMw m m 'MIS susumsm", ra ssy�.l. Lu I NOT A ?wr OF a� ooAr— I2 3=4f 7SSSS V. 5000 V. J10.m' p D ^� >W Mbt 110Y1AIt01 >AOQT a®IOMIp< 0.a`� w ROYSTON STREET 100 ii6E N SiREET W 1 Z cc m1 so' 3W �I NO p OF U.S.-mo H NOT A PART OF -mm WB0NMOH 10 WACO STREET 11 r'°de�111oF°�"lilw°`w»ii _ AUCKLAND STREET of 7&8~ w — —}— 43 — — — Attachment 3 Resolution PC 16-10 ATTACHMENT NO. 3 RESOLUTION PC 16-10 FM 73992 RESOLUTION PC 16-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A TENTATIVE TRACT MAP, SUBDIVING ONE (1) LOT INTO EIGHT (8) LOTS IN THE R-1 ZONE, PURSUANT TO TABLE 152.10 IN THE CITY'S MUNICIPAL CODE (LOCATION: 3540 BARNES AVENUE; APPLICANT: LB CONSTRUCTION; CASE NUMBER: TM -73992). THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Baldwin Park does hereby find, determine, and declare as follows: (a) An application for a tentative parcel map was submitted on behalf of the owner of certain real property, located at 3540 Barnes Avenue in the City of Baldwin Park, described more particularly in the Application on file with the City Planner; and (b) The Application was sought to approve a tentative parcel map for the subdivision of one (1) lot into eight (8) lots, pursuant to Table 152.10 in the City's Municipal Code; and (c) That a duly noticed public hearing was held June 22, 2016 on said Application by the Planning Commission, and based upon evidence presented including applicable staff reports and each member of the Commission being familiar with the property, it was determined that the facts as required by the Baldwin Park Municipal Code for the granting of such Application are present and that the tentative tract map should be granted, subject to the terms of this Resolution; and (d) Each fact set forth in the staff report dated June 22, 2016 from Amy L. Harbin, AICP, City Planner to the Chair and Planning Commissioners ("Staff Report") is true and correct. SECTION 2. The Planning Commission does hereby adopt the following Findings of Fact applicable to all conditional use permits: (a) Adequate systems designed, and constructed to provide all necessary utilities to each lot proposed to be created, including, but not limited to, facilities for water, natural gas, electricity, cable television and telecommunications telephone services; and Requests for comments/conditions on the proposed tract map were sent Resolution PC 16-10 June 22, 2016 Pape 2 to the following outside entities as indicated in Table #4 in the staff report on March 22, 2016. The following entities responded: TABLE #4 UTILITY COMPANY / OUTSIDE ENTITY LISTING NAME OF COMPANY/ ENTITY COMMENT LETTER RESPONSE RECEIVED DATE COMMENT/ RESPONSE RECEIVED Baldwin Park Unified School District No Verizon Telephone No LA County Sanitation District Yes — written Aril 6, 2016 LA County Fire Department Yes — written May 16, 2016 Southern California Edison No The Gas Company No Baldwin Park Postmaster No Time Warner Cable No Valley County Water District Yes — written Aril 27 2016 Comments and conditions from the responding agencies have been addressed in the findings and are included, as applicable, as conditions of approval of the tentative tract map. Additionally, staff includes a general condition of approval that any and all conditions from outside agencies and utility companies shall be met or provided for prior to finalizing the tentative tract map. Accordingly, the proposed project, with the recommended conditions of approval from the various utility companies, would have all necessary utilities. (b) An adequate domestic water distribution system designed and constructed to service each lot proposed to be created; and The property is serviced by Valley County Water District (Attachment #5). They indicate that the proposed subdivision has adequate line and storage capacity for domestic water purposes and following completion of necessary financial arrangements and execution of appropriate agreements, those facilities can be extended to provide public utility water service to the subject development. The Public Works Department (Attachment #4) has also indicated that each parcel is required to have separate water service. As a result, the proposed parcels would be serviced by an adequate domestic water distribution system approved by the Fire Department. As conditioned, the proposed parcels would be serviced by an adequate domestic water distribution system. (c) An adequate sewage system designed and constructed to Resolution PC 16-10 June 22, 2016 Paae 3 serve each lot proposed to be created; and The Sanitation District of Los Angeles County (District) has issued a letter which is summarized as follows: (1) wastewater flow will discharge into a local sewer line not maintained by the District, which is located in Westcott Avenue at the north side of the San Bernardino freeway underpass; (2) generated wastewater is treated at one of the following: the San Jose Creek Water Reclamation Plant in the City of Industry; Whittier Narrows WRP in South EI Monte; and Los Coyotes WRP in Cerritos; (3) the expected increase in average wastewater flow from seven single-family residential lots will be approximately 1,820 gallons per day; (4) the District is empowered by the California Health and Safety Code to collect a fee for connecting to the District's Sewerage System or for increasing the strength or quantity of wastewater discharged from connected facilities, this fee shall be paid as determined by the Sanitation District; (5) It is advised that the Districts intend is to provide waste water treatment facilities up to levels that are legally permitted and to inform of the existing capacity of the District's facilities (Attachment #6). The Public Works Department has indicated that the existing sewer system is inadequate; hence the Applicant shall provide mainline extension and manholes from Westcott Avenue and Royston Avenue. Therefore, staff has included a condition of approval that the project comply with all conditions of approval of the Public Works Department, which includes a condition that there be separate sewage connections to each proposed parcel. (d) An adequate storm water drainage system designed and constructed to serve each lot proposed to be created; and Pursuant to the Public Works Department's comments (Attachment #4), the Applicant will be required to provide off-site improvements relating to storm water drainage dependant upon review and approval of a submitted grading plan for the properties. However, any proposed construction will be subject to the City's Development Impact Fee, Flood Control. Provided that the Applicant meets the conditions of approval and the grading plan is approved, there should be adequate storm water drainage for each parcel (e) An adequate public and/or private street and/or alley system designed and constructed to serve each lot proposed to be created; and The City's Public Works Department has determined that there is an inadequate public street system to serve each lot. However, certain conditions of approval are required that relate to the public right-of-way and include construction of street, curb and gutter, ADA compliant wheel Resolution PC 16-10 June 22, 2016 Page 4 chair ramp at the intersection between Barnes Avenue and Royston Street, driveway approach, and rep lacement/reconstruction of any damaged public right-of-way or street improvements during the construction process in accordance with the City's current standards. (f) An adequate traffic regulatory system, including necessary traffic signals, signs, pavement markings and stripings; and The City's Public Works Department has concluded the current conditions provide for an inadequate traffic regulatory system, however, specific improvements are required to the public right-of-way including ADA compliant wheel chair ramp at the intersection between Barnes Avenue and Royston Street, new drive approach construction for each property, and rep lacement/reconstruction of any damaged existing improvements as a result of the new construction. (g) The undergrounding of utilities pursuant to Chapter 97, part 2 (Underground Utility Districts) of the Municipal Code; and As part of a condition of approval from the Public Work's Department and pursuant to Chapter 97 of the City's Municipal Code all utilities shall be undergrounded to each of the eight (8) parcels. This requirement is also addressed as part of the overall plan check requirements for not only review of the final map, but also the proposed construction of any new dwelling units. (h) Any and all other improvements found necessary by the City to provide all services to each lot proposed to be created; and Staff is of the opinion that provided that the Applicant obtains approval by the Planning Commission on the Tract Map and meets and or exceeds the conditions of approval the lot(s) would have adequate service and could be subdivided consistent with the City's codes. (i) In addition to the improvements as required by the City's Municipal Code and Departments, there are also design requirements for the proposed tentative tract map that need to be met. Pursuant to Section 152.12 of the City's Municipal Code, the design of the subdivision shall conform to the requirements of this Chapter 152, any and all design requirements set forth in the General Plan, the design and development standards established for the associated zoning district per the Zoning Code, the applicable design guidelines set forth in the Design Guidelines Manual, generally accepted engineering standards, and to such standards required by the City, including, but not limited to, plans for grading and erosion control. Resolution PC 16-10 June 22, 2016 Page 5 The Planning Division has reviewed the proposed subdivision and the proposed lots each meet the minimum development standards contained within the Municipal (Zoning) Code, including, minimum lot size, lot depth, and lot width. As a condition of approval, any existing structures located on the property shall be demolished or brought into conformance with the current Zoning Code standards prior to the tract map being finalized. Additionally the tentative tract map is consistent with Goal 2.0 of the Land Use Element of the General Plan which states "accommodate new development that is compatible with and compliments existing conforming land uses" as the proposed parcels meet the existing development standards contained in the Municipal (Zoning) Code. Any future development on the subject properties will be subject to the current density for the respective zoning designation, development standards, design guidelines, and related processes at the time of submittal. The Public Works Department, as part of their comments, has included a requirement for the Applicant to submit plans relating to grading or drainage plan and erosion plan for review and approval. SECTION 3. The Application, as herein above described below, and the same is hereby approved subject to the following conditions: (a) The subject property shall be subdivided and maintained in substantial compliance with Exhibit 'A' dated June 22, 2016; and (b) Applicant shall submit a Landscape Documentation Package pursuant to Subsection 153.160.080 of the City of Baldwin Park Municipal (Zoning) Code; and (c) Decorative block walls with cap shall be installed around the perimeter of each property and installed in accordance with Section 153.130.060 of the City's Municipal Code. Fences and/or wails shall be subject to the development standards relating to material, maximum allowable height and yard setback. Proposed wall material shall be subject to review and approval by the Planning Division; and (d) Should any existing on the property that are designated as a Mature Tree in accordance with the City's Tree Ordinance be removed, a tree removal application shall be submitted to the City's Tree Department (Planning Division) for review and approval prior to any said removal; and (e) Any proposed structures shall be developed in compliance Resolution PC 16-10 June 22, 2016 Page 6 with the current development standards contained within the Municipal Code for the R-1, Single -Family Residential Zone and the City's Design Guidelines Manual for Single -Family Residential development; and (f) The tract map shall be subject to the following Development Impact Fees; and Parkland in -lieu fees (g) The Applicant shall comply with all comments and conditions of approval as determined by the City's Public Works Department as shown on Attachment #4; and (h) The Applicant shall comply with all comments and conditions of approval as determined by the Valley County Water District, the water purveyor for the subject project, as shown on Attachment #5; and (i) The Applicant shall comply with all comments and conditions of approval as determined by the Los Angeles County Fire Department, as shown on Attachment #7; and (j) In accordance with the requirements of the Public Works Department, the Applicant shall provide separate and independent water service to each property; and (k) The Applicant shall submit proof of State Water Quality Control Board (SWQCB) submittal and submit a Notice of Intent (NOI) to SWQCB and a SUSMP Evaluation Form and a Waste Discharge identification (WELD) to the City Engineering Division for review and approval; and (1) Pursuant to Chapter 97, Part 2 of the City's Municipal Code, all utilities shall be undergrounded to each of the eight (8) parcels; and (m) That the Applicant shall install or cause to be installed individual, independent service to each separate property for any and all utility companies that provide service to said properties, including but not limited to the applicable water company, Southern California Edison, The Gas Company, Verizon Telephone, and Time Warner Cable; and (n) The Final Map shall comply with the time frames as contained within the California Subdivision Map Act; and (o) The Applicant shall sign and have notarized an affidavit within ten (10) days of the date of this resolution, stating that the applicant has read and accepts all of the conditions of approval. Resolution PC 16-10 June 22, 2016 Paae 7 SECTION 4. The Secretary shall certify to the adoption of this Resolution and forward a copy hereof to the City Clerk and the Applicant. PASSED AND APPROVED this 22nd day of June, 2016. � "�g -Q . n�� Are! --J-2-6. David L. Muse, CHAIR BALDWIN PARK PLANNING MMISSION. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, AMY L.HARBIN, AICP, Secretary of the Baldwin Park Planning Commission, do hereby certify that the foregoing Resolution No. PC 16-10 was duly and regularly approved and adopted by the Planning Commission at a regular meeting thereof, held on the 22nd day of June, 2016 by the following vote: AYES: COMMISSIONERS: Rooney, Borques, Flores, Maciel and Muse NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: AMY L. HARBIN, AICP BALDWIN PARK PLANNING COMMISSION ITEM NO. 13 STAFF REP "'+yil,, TO: Honorable Mayor and Members of the City Council To FROM: Manuel Carrillo Jr., Director of Recreation & Community Serve es Aet' lELiV ; DATE: June 19 2019 47 j�L EKY' °y tiy. SUBJECT: Adopt Resolution No. 2019-032 entitled, "A resolution of the City Council of the City of Baldwin Park, California, approving the application for grant funds for the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 (Proposition 68) for the Big Dalton Wash Trails Park Project" SUMMARY The purpose of this staff report is for the City Council to adopt Resolution No. 2019-032 entitled "A resolution of the City Council of the City of Baldwin Park, California, approving the application for grant funds for the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 (Proposition 68), for the Big Dalton Wash Trails Park Project" funded by the State of California The Natural Resources Agency's Rivers and Mountains Conservancy. RECOMMENDATION Staff recommends that the City Council: 1) Adopt Resolution No. 2019-032 entitled "A resolution of the City Council of the City of Baldwin Park, California, approving the application for grant funds for the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 (Proposition 68) for the Big Dalton Wash Trails Park Project" and; 2) Authorize the Director of Recreation and Community Services to execute any further documents. FISCAL IMPACT There is no fiscal impact to the budget at this time. If awarded, the City will be receiving a General Fund Specified Grant Project grant from the State of California The Natural Resources Agency Rivers and Mountains Conservancy in the amount of up to 2 million dollars. LEGAL REVIEW None required. BACKGROUND The mission of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) is to preserve open space and habitat in order to provide for low -impact recreation and educational uses, wildlife habitat restoration and protection, and watershed improvements within our jurisdictions. This work supports the public's enjoyment and enhancement of recreational and educational experiences on public lands in a manner consistent with the protection of lands and resources in those watersheds. On April 29, 2019 the Rivers and Mountains Conservancy released the first solicitation through RMC's Prop 68 Program of the $28 million will be made available through multiple solicitations. The California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018. Applicants submitting the most competitive proposals will be recommended for grant award, anticipated for Fall 2019. Program priorities include: • Urban, low -impact recreation, watershed improvement, and habitat protection or restoration projects -and prioritizes multi -benefit projects; • Projects that address critical statewide needs and priorities; • Projects that leverage matching funds for greatest public benefit; • Projects that incentivize workforce education and training; • Projects that incentivize contractor and job opportunities for disadvantaged communities; • Shovel -ready projects that have obtained all permits and entitlements and commitment of matching funds, if required. Grant funds may be used for project implementation and acquisitions (hard costs), with some allocation for planning, preliminary costs, and community access programming. Funding from the State of California The Natural Resources Agency Rivers and Mountains Conservancy will serve to complete the following scope for the Big Dalton Wash Trails Park Project; a biofiltration system in park development that utilizes patented horizontal flow, allowing for a smaller footprint, higher treatment capacity, and a wide range of versatility. The biofilteration system incorporates an advanced pretreatment chamber that includes separation and pre -filter cartridges. Biofiltartation systems re-establish the loss of the environment's natural filtration systems which are blanketed with impervious roads, rooftops, and parking lots. Additional planting, irrigation, bark mulch, decomposed granite, box trees, benches, trash receptacle, bike repair stations, drinking fountain, and bike rack will complete the project scope. ALTERNATIVES The alternative would be that the City Council may choose not to adopt Resolution No. 2019-032. ATTACHMENT 1. Resolution No. 2019-032 Attachment 1 Resolution No. 2019-032 RESOLUTION 2019-032 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA DROUGHT, WATER, PARKS, CLIMATE, COASTAL PROTECTION, AND OUTDOOR ACCESS FOR ALL ACT OF 2018 (PROPOSITION 68), FOR THE BIG DALTON WASH TRAILS PARK PROJECT. WHEREAS, The people of the State of California have enacted the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 (Proposition 68), which provides funds for the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) Grant Program; and WHEREAS, The RMC has been delegated the responsibility for the administration of the grant program in its jurisdiction, setting up necessary procedures; and WHEREAS, said procedures established by the RMC require the Applicant's Governing Body to certify by resolution the approval of the Application before submission of said Application to the State; and WHEREAS, the Applicant will enter into a contract with the State of California for the Big Dalton Wash Trails Park Project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Baldwin Park hereby; 1. Approves the filing of an Application for local assistance funds from the RMC Proposition 68 Grant Program for the Big Dalton Wash Trails Park Project under the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 (Proposition 68); and 2. Certifies that the Big Dalton Wash Trails Park Project is consistent with local or regional land use plans or Programs; and 3. Certifies that the Project is consistent with the goals of Proposition 68 developing urban recreation projects and habitat protection or restoration projects in accordance with statewide priorities; and 4. Certifies that the Application has or will have sufficient funds to operate and maintain the Project that is being submitted for funding consideration; and 5. Certifies that the Applicant has reviewed and understands the General Requirements and General Policies of the RMC Proposition 68 Grant Program Guidelines; and 6. Appoints the Director of Recreation & Community Services as agent to conduct all negotiations, execute, and submit all documents including, but not limited to Applications, agreements, payment requests and so on, which may be necessary for the completion of the Project. PASSED, APPROVED AND ADOPTED this 19th day of June, 2019. I, the undersigned, hereby certify that the forgoing Resolution Number 2019-032 was duly adopted by the City Council. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF BALDWIN PARK ) 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council on June 19, 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK ITEM NO. 14 TO: Honorable Mayor and Members of the City Council FROM: Ben Martinez, Director of Community Development PREPARED BY: Ron Garcia, City Planner;vh Erika Ramirez, Associate Planner �M / DATE: June 19, 2019 SUBJECT: APPROVAL OF A 3 -PARTY AGREEMENT BETWEEN TERRY A. HAYES ASSOCIATES INC. (TAHA) AND THE CITY OF BALDWIN PARK FOR CEQA RELATED SERVICES FOR A PROPOSED TWO (2) STORY, 10,345 S.F. INDUSTRIAL COMMERCIAL BUILDING AT 13127 GARVEY AVENUE SUMMARY This report requests City Council approval of a 3 -party Agreement between Terry A. Hayes Associates Inc. (TAHA) and the City of Baldwin Park for the purposes of completing environmental analysis in compliance with the California Environmental Quality Act (CEQA) for a new two (2) story industrial commercial building of approximately 10,345 square feet with 35 surface parking stalls. RECOMMENDATION Staff recommends that the City Council approve the 3 -party Agreement with Terry A. Associates Inc. in the amount of $72,091.13 for environmental consulting services and authorize the Mayor to execute the Agreement. FISCAL IMPACT There is no fiscal impact to the General Fund because the applicant will pay a deposit up front to cover the cost of the consultant in addition to the City's 50% administrative fee. The deposit will be allocated to a specific account to be exclusively used to pay the consultant fees. DISCUSSION Applicant Andy Su and George Han submitted plans for Design Review in 2017 to construct a 10,345 square foot commercial building intended to be used for offices, a showroom and storage with 35 surface parking stalls. The application was tentatively approved with the condition of securing the following entitlements: 1. Tentative Parcel Map to combine three lots into one; and 2. Zone Variance to combine three lots into one with less than the minimum lot depth in the Industrial Commercial Zone. Because the proposed project requires a zone variance and is over 10,000 square feet, it does not fall within any of the CEQA exemption classifications. Therefore the Planning Division is in need of 1 � t � professional services to assist in the evaluation of environmental review for the construction of the proposed project. The subject property is located at The subject property is located at 13127 Garvey Ave. (APNs: 8556- 022-037, 8556-022-038, 8556-022-039 and 8556-022-40), immediately north of 1-10 San Bernardino Freeway generally west of Fairgrove Avenue and east of Frazier Street. The site is vacant land that fronts Garvey Ave., which runs parallel to the 1-10 Freeway located to the south and is bordered by a motel to the west, an alley to the east and south. Staff's evaluation of the proposed project and the requirements of CEQA requires the preparation of an Initial Study/ Environmental evaluation to disclose the project's effect on the environment. Staff released a Request for Proposals (RFP) for CEQA environmental review services for the commercial building on April 4, 2019 with a closing date of April 22, 2019. The RFP was advertised on the City website. Four proposals were received. The proposals were reviewed and evaluated based on the following criteria with the weight of each criterion indicated n parenthesis: 1. Experience & Staffing (45%) — The entity's previous experience with preparing initial Studies, Mitigation Measures, and associated environmental documentation for a project of this nature. 2. Project Approach (25%) —The entity's understanding of the CEQA process and the development of mitigation measures for this type of project. 3. Cost (30%) — The entity's fees and expenses for proposed level of effort. The firms that responded are all reputable firms with the ability to fulfill the needs of the City. The results of the evaluation are as follows: Consultant Cost Score Terry Hayes and Associates TAHA $48,061 89% UltraSystems Environmental Inc. $55,230 80% EcoTierra $49,235 79% Environmental Science Associates (ESA) $98,447 71% Based on the evaluation by staff, TAHA has been selected to assist with the preparation of environmental documentation as required by CEQA. Based on the evaluation of the proposals, TAHA was ranked Number 1. TAHA's proposal was selected based on their experience in preparing environmental documents, their schedule to prepare the environmental document, their understanding of the proposal, the qualifications of key personnel, and a comprehensive fee schedule. In the attached 3 -Party Agreement, each entity has the following responsibilities: 1) City's Responsibility: Prepare, post, and mail public hearing notices, review consultants work product, monitor contract, and pay invoices submitted by consultant pursuant to 3 -Party Agreement. 2) Developer's Responsibility: Payment as stipulated in 3 -Party Agreement to the City, in the amount of $72,091.13 (Contract Price) and review of work product and invoices submitted by consultant. The above contract price includes the City's Minimum Administrative Oversight Fee of $24,030.38, which is 50% of the Consultant's total cost. 3) Consultant's Responsibility: See Attachment #2 for specific details. ALTERNATIVES Reject proposals and direct staff to send out another RFP. This alternative could increase the time to prepare the environmental document and the time it takes to schedule public hearings for the project. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHEMENTS #1, 3rd Party Agreement #2, TAHA Proposal ATTACHMENT #1 THIRD PARTY AGREEMENT THREE -PARTY CONSULTANT AGREEMENT Environmental (CEQA) Related Consultant Services This three -party agreement (hereinafter referred to as this "Agreement") is made and entered into by and among the City of Baldwin Park, a municipal corporation, (hereinafter referred to as "CITY"), Joseph Chiu representing ABC Property Holdings LLC (hereinafter referred to as "DEVELOPER") and Terry Hayes and Associates (TAHA) (hereinafter referred to as "CONSULTANT"). (Hereinafter, CITY, DEVELOPER and CONSULTANT are also referred to individually as "Party" or collectively as "Parties.") WHEREAS, to allow for DEVELOPER to: construct a two (2) story, 10,345 s.f. commercial building with office, storage and showroom uses. Floor areas and uses are broken down as follows; 2,000 s.f. is proposed for general office, 5,518 s.f. for showroom, 2,540 s.f. is proposed for storage, and 287 s.f. is proposed as employee facilities. The project proposes to provide 35 surface parking stalls. DEVELOPER seeks a zone variance to combine three lots into one with less than the minimum required lot depth within the Industrial Commercial zone and a tentative parcel map to combine three of the four subject parcels into one (hereinafter referred to as the "PROJECT"); WHEREAS, in order for CITY to be able to review and proceed with all necessary actions required as a result of the PROJECT, CITY has determined an agreement is needed for California Environmental Quality Act ("CEQA") related consultant services (herein after referred to as "Services" and as further defined below at paragraph 1) to review and process the PROJECT, and DEVELOPER has agreed to pay for the Services as stipulated in the City's Fee Schedule; WHEREAS, the parties understand this Agreement does not commit CITY to approve the PROJECT; WHEREAS, CITY desires to contract with CONSULTANT to conduct the Services, as described in this Agreement and DEVELOPER desires to join in this Agreement to agree to pay CONSULTANT and CITY for such Services. NOW, THEREFORE, the Parties agree as follows: 1. SCOPE OF SERVICES. CONSULTANT shall provide all the professional work (i) necessary for the satisfactory completion of the Services, as described in Exhibit "A," attached hereto and incorporated herein, and (ii) related to the PROJECT as reasonably needed and requested by CITY'S Community Development Director, or his/her designee. The requested work shall be deemed part of the Services (the above described scope of services shall be referred to herein as the "Services"). CITY retains full authority and discretion to review and approve, conditionally approve or deny the PROJECT. 2. TERM OF AGREEMENT. The Services shall be provided during the term of this Agreement which shall begin on the Effective Date, as defined in Paragraph 19 of this Agreement, and end not later than one hundred eighty (180) days after the Commencement Date (as defined in Exhibit B), unless otherwise terminated or the time is extended consistent with the provisions of this Agreement (the "Term"). After consultation with DEVELOPER, the Term may be extended by letter in the reasonable discretion of CITY'S Community Development Director his/her designee, or by formal amendment to this Agreement executed by the Parties. CONSULTANT acknowledges and agrees the 180 -day term -2- is an estimate only and CITY desires the Services be completed in a diligent and expeditious manner and within approximately ninety (90) days after the Commencement Date. 3. CONSULTANT REPRESENTATIVE. CONSULTANT'S professional services shall be performed by or shall be immediately supervised by Kevin Ferrier, Senior Planner, who shall act as CONSULTANT'S representative. Any change in CONSULTANT'S representative shall require prior written approval by CITY'S Community Development Director, or his/her designee, which approval shall be made in his/her sole discretion. 4. CONTRACT PRICE For all labor, materials and services provided by CONSULTANT, including all out-of-pocket expenses and reimbursements, CITY shall pay CONSULTANT a total fee not to exceed Forty Eight Thousand Sixty Dollars and Seventy Five Cents ($48,060.75) (hereinafter referred to as "Not -to -Exceed Fee"); provided, that the Parties understand and agree CITY shall have no obligation to pay CONSULTANT unless CITY has received from DEVELOPER sufficient funds to make any payment to CONSULTANT. Such fee shall not be exceeded without the express prior written consent of CITY'S Community Development Director, or his/her designee, after consultation with DEVELOPER. In addition, CITY shall charge DEVELOPER an administrative oversight fee of Twenty Four Thousand Thirty Dollars and Thirty Eight Cents ($24,030.38) if CONSULTANT does not exceed the Not -to -Exceed Fee (hereinafter referred to as "Minimum Administrative Oversight Fee") or fifty percent (50%) of CONSULTANT'S -3- total cost if CONSULTANT exceeds the Not -to -Exceed Fee ("Exceeded Administrative Oversight Fee") DEVELOPER shall pay to CITY, within five (5) days following the execution of this Agreement, the Not -to -Exceed Fee and the Minimum Administrative Oversight Fee together totaling Seventy Two Thousand Ninety One Dollars and Thirteen Cents ($72,091.13) (herein referred to as the "Contract Price"). In the event the CONSULTANT'S total fee exceeds the Not -to -Exceed Fee ("Exceeded Fee"), DEVELOPER shall pay to City the difference between the Not -to -Exceed Fee and the Exceeded Fee and the difference between the Minimum Oversight Fee and the Exceeded Administrative Oversight Fee. DEVELOPER acknowledges CITY will not authorize CONSULTANT to proceed under this Agreement until DEVELOPER has paid CITY the Contract Price. 5. PAYMENT SCHEDULE CONSULTANT shall submit invoices for work satisfactorily rendered to CITY. CONSULTANT shall submit invoices to CITY on a monthly basis, which shall contain a reasonably detailed statement of each task for which work was performed, the number of hours for such task, the professional who performed the task, his or her hourly rate and the cost of materials. Prior to paying CONSULTANT any such cost or expense for Services, CITY shall provide DEVELOPER a copy of the invoice for its review. DEVELOPER shall have the right to object to the payment of any invoice by written notice to CITY'S Community Development Director delivered within ten (10) days after delivery of the subject invoice to DEVELOPER. Those invoices not objected to by DEVELOPER -4- within ten (10) days after delivery of the subject invoice shall be deemed approved by DEVELOPER and may be paid by CITY. Each invoice shall be paid by CITY within thirty (30) days after approval from CITY and DEVELOPER. 6. ADDITIONAL SERVICES. In the event CITY determines additional services, not covered by Services described in Exhibit 'A," are needed for the PROJECT, then CITY shall consult with DEVELOPER. CITY shall not authorize CONSULTANT to proceed with any additional services unless DEVELOPER has agreed to pay for the additional services in writing, whose approval shall not be unreasonably withheld. 7. INDEMNIFICATION CONSULTANT shall protect, defend, indemnify, and hold harmless DEVELOPER, CITY, and each of their elected and appointed boards, officers, agents, attorneys and employees (hereinafter referred to collectively as "INDEMNIFIED PARTIES") from any and all claims, liabilities, expenses, or damages of any nature, including reasonable attorney fees and costs, for injury to or death of any person, and for injury to any property, including consequential damages of any nature resulting therefrom, to the extent arising out of or in any way connected with the performance of this Agreement, by or on behalf of CONSULTANT; provided, that CONSULTANT'S obligation to indemnify and hold harmless shall only be to the extent CONSULTANT or its employees, agents or officers causes the damages. CITY does not, and shall not, waive any rights against CONSULTANT because of the acceptance by CITY of the insurance policies described in this Agreement. In the event any of INDEMNIFIED PARTIES are sued by a third party for damages caused or allegedly caused by &I negligent or other wrongful conduct of CONSULTANT or its employees, agents or officers, CONSULTANT shall not be relieved of its indemnity obligation to INDEMNIFIED PARTIES by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against INDEMNIFIED PARTIES. 8. INSURANCE Without limiting its obligations pursuant to Paragraph 7, CONSULTANT shall name INDEMNIFIED PARTIES as additional insureds on the policies listed in subparagraphs (b) and (c), below, and shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Professional/negligent acts, errors and omissions insurance in an amount of One Million Dollars ($1,000,000.00); (b) Comprehensive general liability in the amount of One Million Dollars ($1,000,000.00), including premises -operations, products/completed operations, broad form property damage and blanket contractual liability; and (c) Automobile liability for owned, hired, and non -owned vehicles in the amount Five Hundred Thousand Dollars ($500,000.00). A Certificate of Insurance for all the foregoing policies and an Additional Insured Endorsement for the general liability policy signed by CONSULTANT'S insurance carrier in a form approved by CITY'S City Attorney must be provided prior to payment of the Contract Price pursuant to this Agreement. 9. WORKERS' COMPENSATION INSURANCE. in In addition to the insurance coverage in Paragraph 8 above, CONSULTANT shall obtain and maintain, during the life of this Agreement, Workers' Compensation Insurance in the statutorily required amounts. Neither the failure of CONSULTANT to supply specified insurance policies and coverage, nor the failure of CITY to approve the same, shall alter or invalidate the provisions of Paragraph 7 of this Agreement. 10. ASSIGNMENT. No assignment by CONSULTANT of this Agreement will be recognized by CITY and DEVELOPER unless such assignment has prior written approval of CITY and DEVELOPER. Any assignment without such consent shall be voidable and shall, at the option of CITY and DEVELOPER, terminate this Agreement. 11. TERMINATION OF AGREEMENT. CITY or DEVELOPER may terminate this Agreement at any time by giving the other party ten -working days' (10 -working days') prior notice in writing to all the Parties; provided, that CONSULTANT is entitled to payment for Services satisfactorily rendered prior to such termination based on time and materials actually expended, subject to the provisions of Paragraph 4 of this Agreement. 12. AMENDMENT Except to the extent expressly provided herein, this Agreement, and the provisions contained herein, may not be altered, changed or amended, except by mutual consent of the Parties, in writing and signed by all Parties. 13. INDEPENDENT CONTRACTOR STATUS. At all times during the performance of this Agreement, CONSULTANT shall be an independent contractor of CITY, and shall not be (nor hold its employees, -7- agents or officers out to be) employees, officers or agents of CITY or DEVELOPER. CONSULTANT shall at its own expense secure and be responsible for any and all payments of Income Taxes, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and all other payroll deductions required of CONSULTANT and its officers, agents and employees and penalties assessed for non- payment of the same. 14. SEVERABILITY. If any clause, provision or section of this Agreement shall be ruled invalid by any court of competent jurisdiction, then the invalidity of such clause, provision or section shall not affect any of the remaining provisions hereof. 15. GOVERNING LAW/COMPLIANCE WITH LAWS. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. The Parties agree to be bound by all federal, state and local laws, ordinances, regulations and directives pertaining to the Services. If litigation arises out of this Agreement, then venue shall be the Superior Court of Los Angeles County. 16. WAIVER. Waiver by CITY or DEVELOPER of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of such terms, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. 17. EXTENT OF AGREEMENT. In This Agreement represents the entire and integrated agreement between the Parties for the Services and supersedes any and all prior negotiations, representations or agreements, either oral or written. 18. OWNERSHIP OF REPORT. Without prior written approval from CITY, CONSULTANT shall not provide any information, data or exhibits prepared or assembled by CONSULTANT in connection with the performance of its services pursuant to this Agreement to any person other than CITY. All such reports, information, data, and exhibits shall be the property of CITY. Upon demand, the original documents shall be delivered to CITY and a copy shall be delivered to DEVELOPER without additional cost or expense to CITY or DEVELOPER. CONSULTANT shall have the right to retain copies of CONSULTANT'S work upon completion of CONSULTANT'S services pursuant to this Agreement. All written documents shall be provided to CITY in digital and in hard copy form. 19. EFFECTIVE DATE. The effective date of this Agreement is the date it is signed on behalf of CITY (herein referred to as "Effective Date") 20. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. In DEVELOPER: ABC Property Holding LLC Dated: By: Joseph Chiu CONSULTANT: TAHA Dated: By: Terry A. Hayes AICP Chief Executive Officer CITY: THE CITY OF BALDWIN PARK, a municipal corporation Dated: By: ATTEST: Jean M. Ayala, City Clerk APPROVED AS TO FORM: Tafoya & Garcia Robert Tafoya, City Attorney -10- Manuel Lozano Mayor Exhibit "A" Scope of Services In accordance with the California Environmental Quality Act, the Consultant will prepare an Initial Study, all associated backup- reports/studies including specifically a Traffic Analysis of the intersections at Garvey Ave. and Fairgrove Ave. and Garvey Ave. and Frazier St., and associated Mitigation Measures for a new 2 -story commercial building within the IC, Industrial Commercial Zone and a parcel map and zone variance to combine three parcels of land into one parcel of land with less than the minimum lot depth. TASK #1 Project Management Management and supervision of the consultant team including monitoring of the project budget. Lead consultant will coordinate, contact and consult with any outside agencies or affected organizations for relevant documentation for the study including the Native Heritage Commission and affected tribes requesting consultation pursuant to Assembly Bill AB 52. Coordination with the City's representative to address any concerns and to apprise staff to discuss progress toward completion of the work program will be paramount. TASK #2 Consultation with Staff Lead consultant and any appropriate sub -consultants will attend a meeting with City Staff at Baldwin Park City Hall to further define roles and responsibilities, and paths of communication; to review and receive available project information and to refine, if necessary, the work program. TASK #3 Technical Analyses Consultant shall conduct those analyses and data collection necessary for the preparation of the Initial Study and mitigation measures addressing all impacts that will need mitigation, including but not limited to air quality, traffic, noise levels, and hydrology for the proposed project. A traffic analysis of the intersections of Fairgrove Ave. and Garvey Ave. and Frazier St. and Garvey Ave. is specifically requested to be incorporated into the technical studies that will be prepared. Deliverable: • Technical analyses/studies to be provided as part of the Initial Study and/or as appendices to the Initial Study. TASK #4 Administrative Draft Initial Study, Mitigated Negative Declaration* and Mitigation Monitoring Program Utilizing the studies provided under Task #3 and prepared under Task #4, the consultant will prepare and administrative draft Initial Study pursuant to the requirements of the Public Resources Code and State CEQA Guidelines. Based on the results of the Initial Study, the consultant will prepare the Page 1 of 1 appropriate environmental document, anticipated to be a Mitigated Negative Declaration. If mitigated measures are identified, the consultant will prepare an administrative draft Mitigated Monitoring Program. Deliverable: • One electronic copy in pdf format and one electronic copy in native format (to allow for editing) of the administrative draft Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring Program. TASK #5 Initial Study, Mitigated Negative Declaration* and Mitigation Monitoring Program The consultant will revised the administrative draft documents as necessary based on City staff review and comments. Deliverable: • Five hard copies, 10 CD's in pdf format, 1 USB in pdf format and one electronic copy in native format of the Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring Program. TASK #6 Public and Agency Review The consultant will assist City staff in identifying any responsible and trustee agencies. The consultant will distribute the document to any identified responsible and trustee agencies, and any other agencies that may be appropriate. The consultant will be responsible for all noticing tasks (i.e., prepare the Notice of Completion (NOC), Notice of Intent (NOI) to Adopt, and Notice of Determination (NOD) with the State Clearinghouse, and County Clerk. Deliverables: • Notice of Completion (NOC), Notice of Intent (NOI) to Adopt, and Notice of Determination (NOD), and De Minimis Finding and fee for CDFW. • Documentation necessary to transmit documents to responsible or trustee agencies as required. TASK #7 Public Hearing The consultant will attend one Planning Commission public hearing and one City Council public hearing to answer any questions regarding the environmental document and the impact analysis. The consultant will also be expected to address any substantive comments or questions submitted during the public comment period or raised at the public hearing. -12- Exhibit "B" Schedule CONSULTANT will proceed with the Services pursuant to this Agreement within five (5) working days after receipt of written authorization from CITY (the "Commencement Date"). CONSULTANT shall in his best efforts in a diligent and expeditious matter to complete the Services within 180 days after the Commencement Date. CITY and DEVELOPER acknowledge the above are estimates only. Page 1 of 1 ATTACHMENT #2 TAHA PROPOSAL SECTION 4 PROJECT APPROACH This section outlines our approach and methodology to the environmental analysis for the proposed project to compete the environmental review process. TASK 1: PROJECT MANAGEMENT TAHA will assist City staff with the Native American consultation process in accordance with Assembly Bill 52 (AB 52). TAHA assumes that City staff will provide TAHA with a list of tribes who have requested AB 52 notification, and that TAHA will draft letters and maps for Native American tribal government contacts on the City's behalf. Native American contacts have 30 days to respond and request further consultation. TASK 2: CONSULTATION WITH STAFF TAHA will attend an initial kick-off meeting with City staff to commence the environmental review process for the proposed project. Following the initial kick-off meeting, TAHA will prepare a detailed schedule and a project work plan to complete the CEQA process and track the progress and/or the critical issues affecting the anticipated deliverables. Throughout the planning and environmental review process, TAHA anticipates meeting with City staff at least every other month and participating in regular project management conference calls with City staff. TASK 3: TECHNICAL ANALYSES Traffic, air quality, GHG, and noise studies will be prepared for the proposed project. The studies will be included as part of the Initial Study and as an appendix to the Initial Study. Traffic Study. KOA will prepare a traffic impact study for the proposed project. Based on the City RFP and the designated study area, the following two study area intersections will be included in the impact analysis: • Fairgrove Avenue and Garvey Avenue • Frazier Street and Garvey Avenue Prior to commencing with the full-scale preparation of the subject traffic impact study, KOA will coordinate with the City to define project trip generation, study area intersections, trip distribution, and other primary methodological details, including level of service calculations and significant impact definitions to be used for the unsignalized study intersections. Other tasks will not proceed until comments are received from the City on the provided information. KOA will collect peak -period weekday counts at the two study intersections. The counts will take place during weekday peak periods from 7:00 a.m. to 9:00 a.m. and from 4:00 p.m. to 6:00 p.m. KOA will perform fieldwork to compile information on the study area roadway cross-sections, study intersection approach lane and traffic control configurations, and general site distance issues in the vicinity of the project site. In concert with TAHA, KOA will compile a cumulative projects list based on information to be requested from City staff. KOA will analyze the collected data, current level of service, existing plus project conditions, and future with project conditions. The project trip generation and distribution analysis will be based on rates published by the Institute of Transportation Engineers and on the proposed project's floor area. Level of service (LOS) and vehicle delay values will be ` OID11411.1 SECTION 4 PROJECT APPROACH analyzed at the study intersections, and peak -hour vehicle volume signal warrant thresholds of the California edition of the Manual for Uniform Traffic Control Devices will be reviewed. Any significant traffic impacts based on local guidelines at the study locations due to the proposed project will need to be mitigated. In cases where capacity increases are possible, KOA will analyze the study intersections that can be mitigated to a satisfactory LOS through signalization or other less intensive measures. KOA will determine if the proposed project will impact the monitored Congestion Management Program regional network. If temporary intersection mitigation measures are required with respect to the Congestion Management Program, we will readdress the mitigation measures and conduct additional intersection analyses with the roadway improvements. KOA will produce a traffic impact study that provides methodology definitions, analysis discussion, tables, figures, and technical appendices. Significant impact calculations based on current City guidelines and policies will be included. Site access and parking provisions will be qualitatively discussed. Air Quality and GHG Study. TAHA will prepare an Air Quality and GHG Study for the proposed project. The air quality analysis will evaluate impacts resulting from construction and operation of the proposed project and will focus on short- and long-term effects of project activities on nearby residential areas and other sensitive receptors. TAHA will first define existing air quality conditions in the project site vicinity. Historical data from the nearest monitoring station for the past three years, including the most recent monitoring data from the California Air Resources Board (CARB) and SCAQMD, will be compiled. The number of days that California Ambient Air Quality Standards were exceeded will be documented. To provide a regional context, the most recent attainment and nonattainment status designations from CARB will be discussed. Construction and operational emissions will be estimated using the CaIEEMod emissions inventory model, which includes emission factors from the EMFAC and OFFROAD air quality models. The construction analysis will also include an assessment of localized exposure to exhaust and fugitive dust per SCAQMD guidance. The assessment of operational emissions will be based on new vehicle trips, energy use, and pollutant release from consumer cleaning products. The scope of work will comply with all SCAQMD guidance related to assessing project -related impacts. GHG emissions will be estimated using the same methodology (i.e., CalEEMod) discussed above for air quality. Construction emissions will be based on equipment exhaust and truck trips. Per SCAQMD guidance, operational emissions will be based on new vehicle trips, electricity and natural gas energy use, electricity needed to provide power and to provide potable water, and methane generated by the decomposition of project -related solid waste. Emissions will be compared to the significance thresholds recommended by the SCAQMD CEQA Significance Threshold Stakeholder Working Group. In addition, the analysis will discuss consistency with City policies (e.g., energy efficiency), the Southern California Association of Governments Regional Transportation Plan/Sustainable Communities Strategy, and Assembly Bill 32 along with the related Scoping Plan. Noise Study. TAHA will prepare a Noise Study for the proposed project. Existing conditions will be characterized through a noise monitoring protocol, which will include a 24-hour noise measurement if a secure location can be identified for the monitor and short-term noise measurements, if necessary. The noise analysis will focus on construction activity and changes 2019-048 4WIV SECTION 4 zxnvirgmm�ncnt pSa+innFirs PROJECT APPROACH to the existing ambient noise environment after implementation of the proposed project. Construction activity would generate noise from both equipment/truck activity and construction - related changes to traffic flow on surface streets. The construction noise analysis will identify potentially affected sensitive land uses and quantify equipment/truck noise levels. Noise levels will be assessed using the City's Noise Control Ordinance and associated noise standards. Vibration levels associated with construction equipment will be obtained from technical data published by the United States Environmental Protection Agency. This information will be used to quantify vibration levels that may annoy users of adjacent buildings or damage those same buildings. TAHA will quantify traffic -related changes in existing noise levels during operation of the proposed project. TAHA will use a combination of technical prediction procedures to predict operational noise. TASK 4: ADMINISTRATIVE DRAFT INITIAL STUDY, MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM As part of this task, TAHA will prepare a detailed project description based on information provided by the Applicant. The project description will include the preparation of a narrative and incorporation of site plans, elevations, site photographs, and architectural rendering graphics, as necessary. TAHA anticipates that an IS/MND is the appropriate environmental document for the proposed project. TAHA will prepare a comprehensive Administrative Draft IS/MND addressing all 21 environmental topic areas as defined by CEQA and provide a detailed response to each checklist question. A quantitative analysis will be provided to determine the impacts of the proposed project and, as necessary, mitigation measures will be identified to reduce potentially significant impacts to less -than -significant levels. Based on the mitigation measures identified in the IS/MND, TAHA will prepare an Administrative Draft Mitigation Monitoring Program (MMP), which will describe the procedures for the implementation of the mitigation measures. TASK 5: INITIAL STUDY, MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM Based on comments from the City staff, TAHA will revise the Administrative Draft IS/MND and MMP, as necessary. It is anticipated up to two cycles of review, comments, and revisions will occur prior to finalizing the IS/MND and MMP. TASK 6: PUBLIC AND AGENCY REVIEW PROCESS TAHA will assist City staff in identifying any responsible and trustee agencies and distribute the document to any identified responsible and trustee agencies, and any other agencies that may be appropriate. TAHA will also prepare the Notice of Intent to Adopt an MND; however, we understand that City staff will prepare the public notices for newspaper publishing and mailing as required for the public hearing. TASK 7: PUBLIC HEARING TAHA will attend one Planning Commission and one City Council public hearing to answer any questions regarding the environmental document and the impact analysis. As mentioned above, TAHA will address any substantive comments or questions submitted during the public comment period or raised at the public hearings. 2019-048 SECTION 6 COST ESTIMATE The cost to complete the IS/MND for the proposed project will be for a not -to -exceed fee of $48,060.75. This represents our best estimate based on our review of the information provided for the preparation of this proposal and includes the cost to conduct the traffic study (KOA). A detailed cost breakdown table for the completion of the environmental documentation is provided below. For each of the line items identified, we will bill monthly on a percent -complete basis; a monthly status report will be attached to our invoices. Any additional work will not be initiated by TAHA without written authorization and will be accomplished at our standard hourly billing rates, which are also provided below. lal Ass—es Rat milirg of mktl wid r—paper p�tMiwWn are the City's responsitilities. 2019-048 ITEM NO. 16 TO: Honorable Mayor and Members of the City Council FROM: Johnny Patino, Interim Chief of Policev,-,-- DATE: June 19, 2019 SUBJECT: Re -approval of amendment to the Area D Mutual Aid Joint Powers Authority Agreement SUMMARY This report seeks City Council's re -approval of an existing amendment to the Area D Mutual Aid Joint Powers Authority Agreement and authorization for the Chief Executive Officer and Mayor to re - execute the agreement. FISCAL IMPACT This action carries no impact to the General Fund. RECOMMENDATION Staff recommends that City Council reapprove the existing amendment and authorized the Chief Executive Officer and Mayor to re -execute the agreement. BACKGROUND For decades the City of Baldwin Park, along with 22 other cities throughout the San Gabriel Valley, has been a member of a Joint Powers Authority (JPA) for inter -agency cooperation in preparation and response to disasters. This JPA is formed as Disaster Management Area D, a part of the Los Angeles County Operational Area. The original Area D JPA Agreement was executed on December 16, 1958. In 1998, the then -existing JPA Agreement was amended. According to the Area D Emergency Services Coordinator, it appears that all Area D JPA member cities executed the amended agreement in 1998, including the City of Baldwin Park. However, the Area D Coordinator has been unable to locate the original documents of the amended agreement. The Area D Coordinator and the Area D Board of Directors are therefore asking each member city of the JPA Agreement to reapprove the amended JPA Agreement. LEGAL REVIEW Not applicable; the proposed amendment is already in effect. OPTIONS 1. Reapprove the existing JPA Agreement. ATTACHMENTS 1. Joint Powers Agreement to Provide for Inter -Agency Cooperation in Major Natural or Man - Made Disasters. 2. Addendum to Joint Powers Agreement, Disaster Management Area D. 3. Joint Powers Agreement for County -Cities Participation in the "Pilot Program" for Disaster Preparedness (Dec. 16, 1958) 4. Joint Powers Agreement to Provide for Inter -Agency Cooperation in Major Natural or Man - Made Disasters (amended Feb. 17, 1998). ATTACHMENT 1 JOINT POWERS AGREEMENT TO PROVIDE FOR INTER -AGENCY COOPERATION IN MAJOR NATURAL OR MAN-MADE DISASTER DISASTER MANAGEMENT AREA D LOS ANGELES COUNTY OPERATIONAL AREA WHEREAS, natural or man-made disasters such as earthquakes, fires, floods, civil unrest, acts of terrorism or other physical manifestations may affect the peace, health, safety and general welfare of large numbers of persons and extensive areas; and WHEREAS, the State of California has adopted the Standardized Emergency Management System ("SEMS") pursuant to Title 19, Division 2 of the States Code of Regulations requiring all local governments within a county geographic area to be organized into a single Operational Area; and WHEREAS, in accordance with SEMS, the Board of Supervisors of the County of Los Angeles established the Los Angeles County Operational Area ("Operational Area") on July 5, 1995, with the County of Los Angeles serving as the lead agency of the Los Angeles County Operational Area; and WHEREAS, to enable the Los Angeles County Operational Area to accomplish the objectives of SEMS by promoting greater efficiencies in disaster management, planning, training, and preparedness, it is essential to coordinate the efforts of the cities within the Los Angeles County Operational Area; and WHEREAS, such coordination can be accomplished by cooperative management, planning, training, and preparedness action through responsible agencies prior to the time disaster response is required; and WHEREAS, there have been established Disaster Management Areas (previously known as "Civil Defense Areas") within the Los Angeles County Operational Area, each having a Disaster Management Area Coordinator who serves as a representative on the Operational Area Advisory Board to facilitate communication between the cities and the Operational Area; and WHEREAS, the parties to this Agreement are located within Disaster Management Area D of the Los Angeles County Operational Area and, therefore, have mutual interests and objectives to accomplish with reference to disaster management, planning, training and preparedness within said Area D; and WHEREAS, the power to prepare for and mitigate natural or man-made disasters, and the power to act in case of emergency or disaster, are all powers common to the parties to this Agreement; and WHEREAS, that in order to efficiently and adequately exercise the powers hereinabove referred to, it is essential that skilled personnel, charged with the duty of coordinating disaster management efforts, should be provided in order to obtain maximum benefits; and WHEREAS, that the parties to this Agreement believe the arrangements and provisions provided by this Agreement will best serve the public peace, health, safety, and general welfare of said respective parties, and of the Los Angeles County Operational Area and, therefore, shall supersede any prior agreement concerning Civil Defense Areas or Disaster Management Areas. NOW THEREFORE, in consideration of the foregoing recitals and of the benefits which will be derived from the coordination of disaster management, planning, training and preparedness efforts, and the availability of skilled personnel with adequate knowledge for coordination purposes, the parties hereto do hereby mutually covenant and agree with each other, under the power and authority to do so granted under the provisions of Chapter 5 of Division 7 of Title 1 (Section 6500 et seq.) of the Government Code of the State of California, as follows: 1.0 PURPOSE 1.1 The purpose of this Agreement is to promote the coordination of disaster management, planning, training and preparedness efforts of the parties by cooperative planning and related activity under the direction of a Disaster Management Area Board. This Agreement shall supersede any prior agreement by the parties hereto concerning these matters. 2.0 CREATION OF DISASTER MANAGEMENT AREA BOARD 2.1 There is hereby created the Disaster Management Area D Board ("Governing Board"). The Governing Board at a minimum shall consist of one representative from each party who shall be appointed to the Governing Board by the governing body of each party, and who may be removed at any time by such governing body. Each party may appoint an alternate who may act in the absence of the designated representative. No representative or alternate shall be appointed who is not an official or employee of the appointing party. At its option, the Governing Board may create an Executive Board or any standing committees as required. 3.0 POWERS OF THE DISASTER MANAGEMENT AREA BOARD 3.1 Within 60 days after this Agreement is formally approved by a minimum of three (3) parties, including two (2) cities and the County, the current Coordinator for the existing Civil Defense Area D or Disaster Management Area D, in conjunction with the County Operational Area Office of Emergency Management, shall assist this Governing Board to provide for implementation of the provisions of this Agreement. 3.2 The Governing Board shall determine the most appropriate means to provide direct coordination and communication between the Los Angeles County Operational Area and the parties to this Agreement. This may include retaining a full-time Disaster Management Area Coordinator, or designating a lead agency to serve as Disaster Management Area Coordinator to work cooperatively to strengthen the Disaster Management Area as part of the Operational Area in disaster management, planning, training and preparedness. If the Governing Board designates a Coordinator who is not a lead agency or an employee of a party, the terms and conditions governing the services of the Coordinator shall be established by the Governing Board who shall designate the administrative practices. The Disaster Management Area Coordinator shall act as the Governing Board's representative on the Operational Area Advisory Board. 3.3 Standard duties of the Disaster Management Area Coordinator or designated lead agency functioning in that capacity shall minimally include those identified in the "Duty Statement". Optional responsibilities Listed in the Duty Statement may be modified as necessary by said Board in meeting its specific needs. 3.4 The Governing Board shall have such powers as are granted by statute to general law cities to perform the duties specified in this Agreement, and such powers are subject to the same restrictions upon the manner of exercising the powers as in a general law city. 3.5 The Governing Board shall have the duty and responsibility to determine if personnel will be employed under this Agreement; the compensation of such personnel; the location of the Office Headquarters; all matters relating to policy and finance; and the overall supervision and direction of the personnel employed. 3.6 Nothing contained in this Agreement shall be construed as granting to any board, person, or other entity, the responsibility or power of each of the parties hereto to protect against the loss of life and property solely within their respective jurisdictions. The parties specifically retain such responsibility and power. 4.0 RULES OF THE BOARD 4.1 A simple majority of said Board hall constitute a quorum for the transaction of business unless otherwise designated by the Governing Board. The Governing Board shall elect one of its own members as Chair of the Governing Board. The Governing Board shall provide for the time and place of its own meetings, shall promulgate its own rules, and conduct its business according to Robert's Rules of Order. It shall cause to be kept a record of its proceedings and shall furnish a copy thereof to each of the parties hereto. 5.0 AUDIT 5.1 If in the process of conducting its duties the Governing Board receives funds, property or other assets from any source, said Governing Board shall be strictly accountable for those assets and shall report all receipts and disbursements, as provided in the Addendum to this Agreement. 5.2 Any party shall have the right during regular business hours to examine, inspect, review and copy, at its own expense, all books, records, accounts and other documents of the Governing Board relating to this Agreement. 6.0 DURATION OF THIS AGREEMENT 6.1 This Agreement shall take effect and be in full force as soon as such Agreement shall be duly executed by a minimum of three (3) parties, including two (2) cities and the County, and shall continue in full force and effect until such time as the member parties determine it is in the public interest to dissolve the Disaster Management Area D. 6.2 The parties hereto shall have the right to withdraw from this Agreement effective July 1 of any calendar year by filing a written notice of intention to so withdraw from said Disaster Management Area on or before the first day of April of such year. In the event of the withdrawal from this Agreement of one or more of the parties hereto, this Agreement shall continue and remain in full force and effect insofar as the remaining parties are concerned. Any costs of the program provided for herein shall be borne by the remaining parties in accordance with the Addendum to this Agreement. 7.0 DISPOSITION OF ASSETS 7.1 The party or parties electing to withdraw from this Agreement prior to final termination shall not be entitled to any refund or payment from any properties or assets accumulated as a result of the joint exercise of powers herein. Upon final termination of this Agreement all property and any surplus or remaining funds acquired hereunder shall be distributed to the parties to this Agreement at the time of such termination in proportion to their contributions for the last calendar year during which the Agreement was effective. 8.0 AMENDMENTS 8.1 This Agreement may be amended from time -to -time by the unanimous agreement of the parties. 9.0 COUNTERPARTS 9.1 This Agreement may be executed in one or more counterparts and may include multiple signature pages, all of which shall be deemed to be one agreement. Copies of this Agreement may be used in lieu of the original. 10.0 LIABILITY 10.1 Employees of any party performing disaster management services on behalf of the Disaster Management Area shall remain employees of that party for the purposes of workers compensation and no other party shall have liability for injury to an employee of another party. 10.2 Pursuant to Government Code Section 895.4, each party hereby assumes the liability imposed on it, its officers and employees for injury caused by a negligent or wrongful act or omission occurring in the performance of that party's obligations under this Agreement to the same extent that such liability would be imposed in the absence of Government Code Section 895.2. Accordingly, each party shall defend, indemnify and hold harmless the other parties for any claim, demand, cause of action, loss, liability, damage, cost or expense that may be imposed on such party solely by virtue of said Section 895.2. IN WITNESS WHEREOF each party has caused this Agreement to be duly executed by its authorized officer(s) on the date(s) set forth below. Signature Page of JOINT POWERS AGREEMENT TO PROVIDE FOR INTER -AGENCY COOPERATION IN MAJOR NATURAL OR MAN-MADE DISASTER DISASTER MANAGEMENT AREA D CITY OF BALDWIN PARK L'i ATTACHMENT 2 ADDENDUM TO JOINT POWERS AGREEMENT DISASTER MANAGEMENT AREA D THIS ADDENDUM IS HEREBY INCORPORATED IN THE JOINT POWERS AGREEMENT FOR DISASTER MANAGEMENT AREA D TO PROVIDE FOR PREPARATION OF ANNUAL BUDGETS, ASSESSMENT OF FEES TO THE MEMBER PARTIES AND ACCOUNTING OF ASSETS PURSUANT TO THIS AGREEMENT. (1) The respective parties hereto, with the exception of the County of Los Angeles, agree to pay their respective proportionate shares of the costs and expenses incident to the activities, operations and services covered by this Agreement. Their respective proportionate shares shall be as their respective populations bear to each other, as estimated by Urban Research Regional Population Models, as of January 1 of each year this Agreement is in effect. The shares shall be based on a per capita rate. (2) The County of Los Angeles shall pass through Emergency Management Assistance (EMA) grant funding, including funding for unincorporated area populations, in accordance with the approved EMA distribution plan as appropriated annually by the Board of Supervisors. (3) The annual budgets shall be prepared and adopted by the Disaster Management Area D Board. The proportional contribution shall be addressed in the budget preparations and approved by the Disaster Management Area D Board. Minimum assessments may be established by the Area D Board. Any funds remaining at the end of the fiscal year shall be carried over to the budget of the next fiscal year. (4) No funds may be expended or obligated by the Disaster Management Area D Board in excess of the total amount received from the participating agencies, plus such grants or gifts as the Board may receive from other sources. (5) The adopted budget shall be submitted to the respective parties hereto, on or before the first day of May each year so as to enable legislative bodies of the respective parties to examine same prior to the beginning of each fiscal year and take such action with reference thereto, as they may desire, on their respective parts. (6) Payments by the respective parties are to be made to the Disaster Management Area D Board on or before July 31 of each year. The Disaster Management Area D Board shall be strictly accountable for all funds and shall make an annual report of all receipts and disbursements to the parties hereto for each fiscal year. IN RECOGNITION OF THE OBLIGATIONS STATED IN THIS AGREEMENT, THE PARTIES HAVE EXECUTED THIS AGREEMENT UPON THE DATE INDICATED. CITY OF BALDWIN PARK Manual Lozano, Mayor DISASTER MANAGEMENT AREA D BY: NAME: TITLE: DATE: ATTEST: Jean M. Ayala, City Clerk APPROVED AS TO FORM: Robert Tafoya, City Attorney ATTACHMENT 3 HAROLD W. KENNEDY COUNTY COUN69L OFFICE OF THE COUNTY COUNSEL SUITE 1100 HALL OF RECORDS LOS ANGELES 12, CALIFORNIA Decerflber 15, 1958 Honorable Board of Supervisors County of Los Angeles 501 Hall of Records Gentlemen: MAOevaN 8.9211 SUBJECT: JOINT POWERS AGREEMENT FOR COUNTY -CITIES PARTICIPATION IN THE "PILOT PROGRAM" FOR DISASTER PREPAREDNESS On June 24, 1958, your Board instructed the County Counsel to prepare a Joint Powers Agreement for the County's participation in a "Pilot Program" for disaster preparedness with the following cities in the eastern part of the County comprising what is known as Area "DT1: Azusa, Baldwin Park, Bradbury, Claremont, Covina, Duarte, El Monte, Glendora; Irwindale, La Puente, La Verne, Mbnrovia, Pomona, and West Covina. This "Pilot Program" was jointly recommended to your Board at an earlier date by the Chief Administrative Officer and by Mr. Don C. McMillan, City Manager of Pasadena, as Chairman of the Los Angeles. County and Cities Civil Defense and Disaster Planning Board. In addition, Region One, of the California Disaster Office, has approved County par- ticipation in this program. For several years the cities in the eastern part of the County have been parties to a Joint Powers Agreement, which has involved financial contributions by each city in support of a single staff office to perform the following services related to disaster preparedness: 1. Public information and public relations services. 2. Collection and analysis of all data on public and private resources within the area that could be used in the event of disaster. 3. Consultant services to the public schools in prepa- ration of disaster plans. 4. General coordination of volunteer services. 5. Liaison with other Disaster Services offices and orgAnizations. Board of Supervisors -2- December' l6, 1958 In consultation with Mr. Harry Williams, the designated legal representative of the Area "D" Disaster Board, we prepared a Joint Powers Agreement for approval and referral to each of the participating cities. On October 7, 1958, Synopsis No. 94, the Board approved the Joint Powers Agreement so prepared, authorized the Chairman of the'Board to sign the Agreement and instructed the Chief Adminis- trative Officer to transmit the Agreement to the cities represented by the Area "D" Disaster Board. Attached is a revised Joint Powers Agreement, incorporating several modifications requested by other participating agencies to the Agreement submitted to and approved by the Board on October 7, 1958.. These changes are procedural in nature and provide for a more accurate definition of the power of the Area "D" Disaster Board. IT IS RECOMMENDED: 1. That the attached Joint Powers Agreement be approved and substituted in place of the Agree- ment previously approved on October 7, 1958• 2. That the Chairman of the Board be authorized to sign the attached Agreement and that the Chief Administrative Officer be instructed to transmit this Agreement to the cities represented by the. Area "D" Disaster Board. 3. That upon formal approval of this Agreement by a majority of the cities in Area "D", the County Auditor be authorized and directed to make pay- ment of $6,410.89 to the Chairman of the Area "D" Disaster Board for the County's share of expenses in the 1958-59 fiscal year. Very truly yours, HAROLD W. KENNEDY County Counsel By EDWIN P. MARTIN Deputy County Counsel Approved and released HAROLD W. KENNEDY, County Counsel By 2 3 4 5 6 7 s 9 10 11 12 13 0 14 �� 15 agP 16 z ..�� Zz 19 � 4 Qg� 1s D 19 x 20 21 22 23 94 25 26 27 28 29 30 31 32 i t• AGREEMENT TO PROVIDE PRIMARILY FOR INTER -AGENCY COOPERATION IN MAJOR NATURAL AND MAN-14ADE DISASTER SHORT OF WAR BY JOINT P014ERS ACT WHEREAS, there always exists the possibility of natural disaster such as earthquakes, fires, tornadoes, floods, epi- demics and other physical manifestations which may affect the peace, comfort, health and security of large numbers of per- sons and extensive areas; and WHEREAS, there has existed for sometime past a state of world tension, as a result of which it has been necessary for the National and State governments of the United States of America to make provision for Civil Defense; and WHEREAS, emphasis on preparations made for major natural and man-made disasters short of war also provides the basis for preparations related to potential war -caused disasters; and WHEREAS, in order to most effectively accomplish the purposes of such efforts, it is essential that planning at the. local level is required; and WHEARAS, wisdom dictates that preparation• should be made before -any of such events may occur, in order to minimize so far as possible the adverse affects cif such events upon the areas and -the public thereof affected; and WHEREAS, the planning for such events -clan be most effec- tive if the plans of all sections of the area are coordinated to produce an efficient operation and the elimination of dupli-' cation and confusion in time of necessity; and WHEREAS, such coordination. can only be secured by coopera- tive action through competent agencies.prior to need; and WHEREAS, the parties to this Agreement are -all located I 2 within Operational Area D of the Civil Defense Region No..1 of 3 4 the State of California and, therefore, have mutual interests 5 and' objectives to accomplish with reference to Civil Defense 8 and Disaster Relief measures within said Area D. 7 WHEREAS, the powers to provide for the common defense; 8 to prepare for defense against natural disaster; and the 9 power to act in case of emergency or disaster, are all.powers io common to the parties signatory hereto. ii WHEREAS, that in order to economically and -adequately is exercise the powers hereinabove referred to, it is essential. 43 that skilled personnel, oharged with the duty of coordinating 14 mutual effort, should be.provided in order to obtain maximum i5 benefits. Such contemplated service is more feasibly obtained_ 0�5 n 16 through joint action than by uncoordinated efforts by the x17 respective. agencies severally. o1 8 WHEREAS, that in the opinion of the xeepeotive legislative 19 bodies of the respective agencies signatory hereto, the arrange- i .20 menta and provisions provided by this Agreement will best serve 21 the public peace; health, safety, comfort, convenience and 9!2 general welfare of said respective ageneieq,-and of the area 0 generally. _. 24 NOW TNEREFORE, 25 In consideration of the foregoing premises and of -the 26 benefits which will be derived from the dissemination of 27 information on civil defense and disaster, the collection of 28 information and of data on resources available in Area D, and 29 the availability of skilled personnel with adequate knowledge 30 for coordination purposes, the parties hereto do hereby 31 mutually covenant and agree with each other, under the power . 32 and authority to do so, granted under the provisions of Chapter 5 of Division 7 of Title I (Section' 6500 £o 6513, :rrs.5 cdbs•:3 s 3 h 5 6 r 8 9- 10 11 12 13 �Za 14 pC 16 IN N a !r _� 18� x c C 2fl 21 28 . 23 24 25 26 8r 28 29 30 31 32 -3- both inclusive) of the Government Code of the State of California (hereinafter called the Joint Pourers Law) as follows.- FIRST. ollows:FIRST. That nothing contained in this Agreement shall be construed as granting to any board, person, or other entity, the responsibility or power of the parties hereto to protect against the loss of life -and property in their respective jurisdictions. The parties specifically retain such responsi- bility and power. SECOND. That there shall be and there is hereby created the "AREA D DISASTER BOARD", consisting of one representative from each participating agency who shall be appointed•to the Board by the governing body of each agency, and who may be removed at any time by such governing body: Eaeh.ageney may appoint an -alternate who may act In the absence of the designated representative. No representative or alternate shall be appointed who is not an official or employee of the appointing agency. The Board shall have the duty and responsibility of'' determining the personnel to be employed under this Agreement; the compensation of such personnel, the loeatIion.of the. Operational. Area Headquarters; all matters relatring to policy and finance; and the overall supervision and direction of the personnel employed. Five members of said Board shall constitute a quorum for the transaction of business. The Board shall elect one of its own members as Chairman of the Hoard, who shall also be designated as Area Coordinator. The Hoard shall provide for the time and place of its own meetings and shall.promulgate its own rules, and conduct its business according to Robert's rules of order. lt•shall, cause to be kept a record of its -sT}'� CdbB•58 f -4- S proceedings and shall furnish a copy thereof to each of the 3 parties hereto. 4 - THIRD. That the Area D Disaster Board is hereby appointed, 3 designated and authorized as, and to act as, the administrator 6 and executor of this Agreement as herein provided for and as 7 contemplated under the provisions of said Joint Powers Law. 8 Within 60 days after this Agreement is formally approved by 9 a majority of the subsequently designated agencies, the 10 - Chairman of the existing Area D Civil Defense and Disaster li Board, shall formally organize this Board and provide for d Implementation of the provisions of this Agreement. FOURTH.- The Area D Disaster Board shall not have any power or authority at the command level, but shall perf6im 4= the following duties, any of which may be -performed by an o 16 ilArea fteoutive Officer appointed by and as directed by the Board: g 18 _ 19 a. Provide for public information and public relations x 20 services, including speeches, press releases and Si letter and telephone inquiries and replies in regard to civil defense and disaster at the area level. 23 b. Collect and analyze data on public and private resources PAF within the area that could beused in the event of 26 disaster. 26 e. Provide consulting services to the public schools and 27 the parties hereto to assist in the preparation of gg disaster plans. gg d. To make services available for the general coordina- 30 tion of volunteer services in regard to disaster. 31 e. Provide liaison with other Disaster Services offices 32 'and organizations. T ;575'5 Cdb6•SB j 3 4 5 6 7 8 9 10 • ii 12 13 14 $a �.. i6 au" 16 zz� 17. xgt 18 p19 = 20 21 22 23 24 25 26 27 28 29 30 31 32 —5— f. Provide advisory and coordinating services to the operational services of the parties. g. Provide such other services as are necessary or convenient to overall coordinating servioes; for example, operation of area -wide communications systems of the operational services.(these would be separate oommunioations from those of the.operational services and the County -wide Disaster Services Communioations. Service). BIFM. The Board shall have such powers as are necessary to perform the duties specified in this Agreement *and such powers are subject to the same restrictions upon the manner of exercising the powers as is the City of El Monte, a general law city. SIXTH. The respective parties hereto agree'.to pay their respective proportionate shares of the costs and expenses Incident to the activities, operations and services covered by this Agreement. Their respective proportionate shares shall be as their respective populations bear to each other, ` as estimated by the Regional Planning CommiAalgn of Los Angeles County, California, for January 1, of each year this Agreement is in effect. During the first fiscal year of this Agreement, and regardless of the date of execution, Cost shall be paid for the fiscal year as computed in section 7 of this Agreement. Payments are to be made to the Chairman of the -Area D Disaster Board within 30 days of the execution of this Agreement. In subsequent years, payments shall be made on or before July 1.' SEVENTH. That the cost to the respective parties for the 1958-59 fiscal year for services covered by this -Agreement' shall be as follows; ;r,Ts�s Falb 8 -id Ii � - I f 10 21 22 23 24 25 26 21 28 29 34 31 32 Estimated Papulation Fiscal Year- 1958-59 Name of City January 1, 1959 Cost Azusa 19,000, 45�r ,14 Baldwin Park .33,200 7i�8.31 Bradbury 50 13.11 Claremont 11 ,00 270.69 Covina 18,400 436.89 Duarte 14,200 337.17 R1 Monte 13,200 313.4g Glendora 16,500- 391.7&" Irwindale • 690 16.39 'La Puente 21,300 505.76 La Verne 6,000 142.47 Monrovia 26,000 617.35 Pomona 62,900 1,493-51. West Covina .45,700_ 1 O85.11 • Total 289,040 ,3.11 Unincorporated 270,000 6,410.89 Total -'Area D 559,040 $13,274.00 That the costs for the fiscal year July -1, 1958, to June 30, 1959, include the following specific items. Area,Executive Officers Salary $400.00 per month . $ 4,800.00,/, ? ..Secretary's Salary ® $300:00 per month 3, 600.00-: .; 'v Office Clerk's Saloy ® $250.00 per month 3,000.00%"/- : Area D's share of Social Security @ 2k% 256.00 - Mileage 450.00 Reg. 1 Workshop & CD Assn'. meetings luncheons 40.00 Control Center operations (2 -new. radios, 1,182.00 etc.) Office expenses 7;2. 00•' Telephones (Comm/Center & Area Office) 4.00 Office equipment (Desk & Chair for Clerk) 1 0.00 -Contingencies (CPX expenses -� Assn. :1'0.00 fees, eta..) _-- Total'. � • .' $14, 574. oa � � �S ' 1✓ Less funds on hand! 1 300.00 Amount of this budget The Board shall be strictly a000untable for all funds and shall make an annual report of all=receipts and* disburse- ments"to the parties hereto. The Agreement shall take effect and be in full force as soon as such Agreement shall be duly executed by a majority of the parties hereto. EIGHTH. That future budgets shall be prepared on an annual basis by the "Area D•Civil Defense and Disaster -Board" and shall be submitted to the respective parties hereto, on or before the first day of May each year so as to enable the j Estimated Papulation Fiscal Year- 1958-59 Name of City January 1, 1959 Cost Azusa 19,000, 45�r ,14 Baldwin Park .33,200 7i�8.31 Bradbury 50 13.11 Claremont 11 ,00 270.69 Covina 18,400 436.89 Duarte 14,200 337.17 R1 Monte 13,200 313.4g Glendora 16,500- 391.7&" Irwindale • 690 16.39 'La Puente 21,300 505.76 La Verne 6,000 142.47 Monrovia 26,000 617.35 Pomona 62,900 1,493-51. West Covina .45,700_ 1 O85.11 • Total 289,040 ,3.11 Unincorporated 270,000 6,410.89 Total -'Area D 559,040 $13,274.00 That the costs for the fiscal year July -1, 1958, to June 30, 1959, include the following specific items. Area,Executive Officers Salary $400.00 per month . $ 4,800.00,/, ? ..Secretary's Salary ® $300:00 per month 3, 600.00-: .; 'v Office Clerk's Saloy ® $250.00 per month 3,000.00%"/- : Area D's share of Social Security @ 2k% 256.00 - Mileage 450.00 Reg. 1 Workshop & CD Assn'. meetings luncheons 40.00 Control Center operations (2 -new. radios, 1,182.00 etc.) Office expenses 7;2. 00•' Telephones (Comm/Center & Area Office) 4.00 Office equipment (Desk & Chair for Clerk) 1 0.00 -Contingencies (CPX expenses -� Assn. :1'0.00 fees, eta..) _-- Total'. � • .' $14, 574. oa � � �S ' 1✓ Less funds on hand! 1 300.00 Amount of this budget The Board shall be strictly a000untable for all funds and shall make an annual report of all=receipts and* disburse- ments"to the parties hereto. The Agreement shall take effect and be in full force as soon as such Agreement shall be duly executed by a majority of the parties hereto. EIGHTH. That future budgets shall be prepared on an annual basis by the "Area D•Civil Defense and Disaster -Board" and shall be submitted to the respective parties hereto, on or before the first day of May each year so as to enable the 7oT5�3 Cd l�B-58 4 2 ' 3 4 5 6 7 8 9 10 ii 12 13 $ 14 sit i5 pSE 16 8 z ;g 1$ 19 X 20 21 22 23 24 25 26 27 28 29 30 31 32 -7-- legislative bodies of the respective parties hereto to,examine same prior to the beginning of each fiscal year and tape such action with reference thereto, as they may desire, on their respective parts. Any funds remaining at the end of the fiscal year shall be carried over to the budget of the next fiscal year. NXNTH. That the respective parties hereto shall have the right.to withdraw.from this Agreement at the end of any' fiscal year by -filing a written notice of intention to so withdraw from said Hoard on or before the first day of April of such year. The part/ oxo parties electing to withdraw shall not be entitled to any refund of payment from the properties or assets accumulated as a result of the joint . exercise of powers herein. In the event of the withdrawal from this Agreement of one -or more of the parties hereto, this Agreement shall continue and remain in full force and effect insofar as'the remaining parties are concerned. The'eost of the program provided for herein shall be borne by the remaining parties proportionately according to population as -hereinabove set forth. Upon final termination or recision of this Agreement all property and any surplus or remaining funds acquired hereunder shall be distributed to the parties in proportion to their contributions for the last fivoai year during which the Agreement was effective. IN WXTNESS WHEREOF each party has caused its corporate name and seal to be hereunto subscribed and affixed by the proper' officers thereof, both duly authorized,___ this -day of , . 1958. FA i. t -7-- legislative bodies of the respective parties hereto to,examine same prior to the beginning of each fiscal year and tape such action with reference thereto, as they may desire, on their respective parts. Any funds remaining at the end of the fiscal year shall be carried over to the budget of the next fiscal year. NXNTH. That the respective parties hereto shall have the right.to withdraw.from this Agreement at the end of any' fiscal year by -filing a written notice of intention to so withdraw from said Hoard on or before the first day of April of such year. The part/ oxo parties electing to withdraw shall not be entitled to any refund of payment from the properties or assets accumulated as a result of the joint . exercise of powers herein. In the event of the withdrawal from this Agreement of one -or more of the parties hereto, this Agreement shall continue and remain in full force and effect insofar as'the remaining parties are concerned. The'eost of the program provided for herein shall be borne by the remaining parties proportionately according to population as -hereinabove set forth. Upon final termination or recision of this Agreement all property and any surplus or remaining funds acquired hereunder shall be distributed to the parties in proportion to their contributions for the last fivoai year during which the Agreement was effective. IN WXTNESS WHEREOF each party has caused its corporate name and seal to be hereunto subscribed and affixed by the proper' officers thereof, both duly authorized,___ this -day of , . 1958. FA :6rs:s r�i,8-58 -i 9 3 hi i 5 B - 7 8 to 12 i3 o z •4 o� X16 3g 18 19 z 20 2t, 82 - 33 24' 25 26 27 28 24 30 31 32 ATTESTED: HAROLD'S. OSTLY, County Clerk and ex-offioio Clerlfi of the Board of Supervisors By epu y' ATTESTED: By ATTBSTSD: --719 n -Z;' .4� • A n COUNTY OF •LOS A1,1GELF,S,. a body corporate and politic or chairman or tile a� of sup6rvisors It CITY OF AZUSA BY CITY.Or BALDWIN PARA:`. By CITY OF BRADBURY Bir ' • CITY OF 74� By C.� ATSTTD: CITY By CITY By By n r: DUARTE / t: ATTESTED: CITY OF EL MONTE By .tai ,�����!..�.� r• ..r1 BY C/ '!: ATTESTED: _ CITY OFALENDORA $Y By CITY, OF\\VALItUT ►,� ! BY CSN -. ...-.... .. .. - _ .r..- ._-. •ac`s ? Aw U ...9.- ..ATTL+STUD: J �' ', ' •ATTSSTED: 7 By 9 ATTIiST6.2 .S .1�iy ;,':•'•;.ATTESTLD: ., i 13 $y , s 14 l g p Id ATTBSTBD: , 16 By 81 18 19 20 , at ApproVedas to form 23 HAROLD W. KENNEDY 24 County Counsel 25 BY26 Deputy oun yCounsel' 27 ' 28 29 APPROM BY WM OF SUPLIMMIRS DEC 11; 1Q58 - r• Y„Gr , Gordon T. iVesvig - _.. Ch{sf Ctsrk CITY OF IRWINDALE By --4 J44 4 - 6(f h&c IA 1 CITY OF LA PUENTE, By CITY OF LA VERNE By CXTY OF MONROVIA �•B CITY ' Off' POMONA 4'` Yyr ' By CX'i)(',OF WEST. COVINABy ATTACHMENT 4 DAVID E. JANSSEN Chief Administrative Officer County of Los Angeles CHIEF ADMINISTRATIVE OFFICE 713 KENNETH HAHN HALL OF ADMINISTRATION - LOS ANGELES, CALIFORNIA 90012 (213) 974-1101 February 17, 1998 ADOPTED The Honorable Board* of Supervisors €:f = D 01 SUrE4VIS09S County of Los Angeles i O= LCS Atli_ZELES 383 Kenneth Hahn Hall of Administration FEB 171998 500 West Temple Street I OM, Los Angeles, CA 90012 Board of Supervisors GLORIA MOLINA First District YVONNE BRATHWAITE BURKE Second District ZEV YAROSLAVSKY Third District DON KNABE Fourth District MICHAEL D. ANTONOVICH Fifth District Dear Supervisors: JCA:t6cE STtJRuEdS''�; EXECUTIVE OFF11—WE9 JOINT POWERS AGREEMENT TO PROVIDE FOR INTER -AGENCY CQQJ�ERATiON IN MAJOR NATURAL OR MAN-MADE DISASTER (ALL AFFECTED) (3 VOTES) IT 1S RECOMMENDED THAT YOUR BOARD: 1. Approve in concept the attached Joint Powers Agreements (JPAs) between. the County and its cities, those with existing JPAs (Attachment 1) and those without existing, JPAs (Attachment 11), to provide for Inter -Agency Cooperation in Major Natural or Man -Made Disaster; 2. Authorize the Chief Administrative Officer (CAO), on behalf of your Board, to negotiate the JPAs with the cities; 3. Authorize the Chief Administrative Officer, on behalf of your Board, to execute the JPA in substantially similar form to the attached JPAs following the cities' governing body's approval and signature and County Counsel's "approval as to form." -s41101 A ZI zKol_161 &R To update existing JPAs, and establish formal JPAs where none have existed previously, to provide for Inter -Agency cooperation in major natural or man-made disasters and to strengthen the Los Angeles County Operational Area by strengthening the Civil Defense Areas (a.k.a. Disaster Management Areas). Seven Civil Defense Areas were originally established in Los Angeles County; three Areas, namely Areas D, E, and G. were formalized through JPAs between the cities within the Areas and the County. These Areas are also staffed by fulhtime paid coordinators whose Honorable Board of Supervisors February 17, 1998 Page 2 duties are defined by the Area Boards that they serve. (Earlier this year an eighth Civil Defense Area, Area H, consisting solely of the City of Los Angeles, was created through a realignment of boundaries). The five remaining Area Coordinators, which includes Area H, work full-time for other agencies. Of necessity, their area coordinator responsibilities take a lower priority and are performed on a part-time basis. Thus, there is a disparity in the level of service provided to cities. Since the Operational Area is charged with determining how Emergency Management Assistance (EMA) grants will be distributed it has been determined, and approved by your Board, that Civil Defense Areas will receive EMA and that they establish governing boards and adopt standardized duties and JPAs for the good of the whole. During the past year, the CAD's Office of Emergency Management and the Civil Defense Area Coordinators (a.k.a. Disaster Management Area Coordinators) have met regularly to develop a plan for the future distribution of federal EMA funds, to draft a JPA that will strengthen both the individual Civil Defense Areas and the Operational Area, and to develop the EMA Work Plan required by the Governor's Office of Emergency Services (OES) and the Federal Emergency Management Agency (FEMA). Two JPAs are presented for your consideration: • JPA for cities with existing JPAs and Disaster Management Area Coordinators (Attachment 1) - This JPA addresses cities that have Disaster Management Area Coordinators and existing JPAs but whose JPAs need to be updated to reflect the current status of disaster management. JPA for cities without an existing JPA and/or Disaster Management Area Coordinators (Attachment II) - This JPA establishes and formalizes inter -agency coordination between cities within Disaster Management Areas and the Operational Area. As expressed in the JPA, these cities have the option of securing the services of a full-time or part-time Disaster Management Area Coordinator to work cooperatively to strengthen the Disaster Management Area as part of the Operational Area. When these new and updated JPAs are executed the following descriptive titles will also be fully effected: Disaste Management Areas (formerly Civil Defense Areas) and Disaster Management Coordinators (formerly Civil Defense Coordinators). Attachment III provides two listings.reflecting Civil Defense Areas with and without JPAs and their cities, respectively. Honorable Board of Supervisors February 17, 1998 Page 3 FISCAL IMPACT Not applicable. FINANCING There is neither a County Cost nor a County Contribution associated with formalizing these JPAs. Requisite funding for Disaster Management Area activities, operations, and services covered by the JPAs will be funded through grants (e.g., EMA funding) and/or the cities' elected proportional contribution estimated by Urban Research Regional Population Models as of January 1 of each year, based on a per capita rate. FACTS AND PROVISIONS/LEGAL REQUIREMENTS In the 1950's, Civil Defense Areas were established as sub -units of the Los Angeles County Operational Area for purposes of coordinating training, exercises, and planning activities of the cities within their respective areas and with the County of Los Angeles. This was a means of dividing the County into manageable administrative areas. Although the term "Civil Defense Area" is really an anachronism today, the need continues for coordination of planning and training throughout the Los Angeles County Operational Area. On July 29, 1997, your Board approved the distribution plan for EMA funding to Civil Defense Areas through the Los Angeles County Operational Area for Federal fiscal year 1998. Among the several objectives to be achieved by that distribution plan was to "establish formal JPAs with all the Areas." The County Counsel has reviewed and "approved as to form" the sample JPAs. 9 Honorable Board of Supervisors February 17, 1998 Page 4 IMPACT ON CURRENT SERVICES (OR PROJECTS) None. Respectfully submitted, Prative DAVID E. JAENChief Admini Officer DEJ:SMD CP:ST:gmb Attachments (2) c: Executive Officer, Board of Supervisors County Counsel Auditor Controller Emergency Management Council Emergency Preparedness Commission Disaster Management Area Coordinators Each City Manager County of Los Angeles CHIEF ADMINISTRATIVE OFFICE 713 KENNETH W HN WILL OF ADU MSTRATION - LOS ANGELES. CALIFORNUI 90012 (213) 974-1101 DAVID E: JANSSEN _ June 26, 1998 Boa datsupen'isors GLORIA mOUNA Chief Adm(nistrdti" Of m Fist District WONW fiR rnWMM etaM ZMAROSLAVSKY rdw Obeid DON I MSE Fourth Obeid fNtCWtEL D. ANTONOVICN Fitt Obtrkt Dear Mr. JOINT POWERS AGREEMENT TO PROVIDE FOR INTERAGENCY COOPERATION IN MAJOR NATURAL OR MAN-MADE DISASTER For some time the County's Office of Emergency Management, in concert with the Civil Defense Area Coordinators, has worked to update the Joint Powers Agreements (JPAs) to strengthen inter -agency cooperation in major natural or man-made disasters. Under the State's new Standardized Emergency Management System (SEMS) requirements, it is imperative that the County and cities foram a strong, well -coordinated operational area that will enable joint planning, training and coordination between the County, its 88 cities and the State. In August 19971 sent you an adopted copy of the Emergency Management.Assistance (EMA) Funding Distribution that was approved by the Board of Supervisors on July 29,1997. 1 indicated that our next effort to strengthen and enhance the Operational Area would be to update or initiate JPAs with the cities in each of the Civil DefenselDisaster Management Areas. On February 17, 1998, the Los Angeles County Board of Supervisors approved in concept two such JPAs, one JPA for cities with an existing JPA and another for cities that do not have an existing JPA. In addition, the Board of Supervisors authorized my office to negotiate and execute these JPAs with cities on the Board's behalf. The newly revised and adopted JPAs provide standardized duties and responsibilities for Area Coordinators, including the name change, Disaster Management Area Coordinator (MAC), as more reflective of the current status of emergency management services. I have enclosed a copy of the proposed JPA (for cities that do not have an existing JPA, Enclosure 1), and an adopted copy of the JPA Board letter (with attachments) for your review (Enclosure I1). To assist you in your analysis of the JPA, I have also enclosed a Fact Sheet which. provides a brief history of the Civil Defense Areas (a.k.a. Disaster Management Areas), the Operational Area and the current status of the -Emergency Management Assistance Program (Enclosure 111) and a list of benefits derived from membership in the JPA (Enclosure IV). 1Pacity2-Ir June 26,1998 Page 2 Because the cities in your Disaster Management Area do not have an existing JPA, the Area currently cannot receive EMA pass-through funding. The attached JPA provides an opportunity to formally recognize the informal working relationships between Area sties and the County and creates the legal and fiscal framework required to fully implement distribution of Emergency Management Assistance (EMA) funding. The JPA requires a consensus and adoption by the governing bodies of at least two cities and the County to become effective. Therefore, I encourage you to work with your Disaster Management Area Coordinator and other Area cities (Enclosure V) to ensure that a consensus is reached that addresses your mutual emergency management services needs so that the JPA may be adopted by each city's governing body. Your Disaster Management Area Coordinator will be contacting you shortly to determine whether you will accept the JPA as presented. They will also coordinate any. recommended changes Area cities may have in order to ultimately present one consensus agreement for negotiation with the County. My staff in the Office of Emergency U-nnoncmant iS also available to discuss the JPA with you or your staff. Since the JPA will provide significant opportunities to strengthen yourte th t d Awork effectiveness as well as that of the Operational Area, it is appropriate together. I appreciate your support for this important endeavor. Should you have any questions, or require additional information, you or your staff may contact me; or you may call Constance Perett at (213) 980-7261 or Slindra Tufts at (213) 980-2270, both of the County's Office of Emergency Management.. Sincerely, DAVID E. JAMS Chief Administrative Officer DEJ:SMD CP:ST:gmb Enclosures (5) z . c: Disaster Management Area Coordinator Emergency Services Coordinator ipacity2k Attachment I For Cities with existing Joint Powers Agreement/Coordinator. JOINT POWERS AGREEMENT TO PROVIDE FOR INTER -AGENCY COOPERATION IN MAJOR NATURAL OR MAN-MADE DISASTER DISASTER MANAGEMENT AREA Los Angeles County Operational Area WHEREAS, natural or man-made disasters such as earthquakes, fires, floods, civil unrest, acts of terrorism or other physical manifestations may affect the peace, health, safety and general welfare of large numbers of persons and extensive areas; and WHEREAS, the State of California has adopted the Standardized Emergency Management System ("SEMS") pursuant to Title 19, Division 2 of the State's Code of Regulations requiring all local governments within a county geographic area to be organized into a single Operational Area; and WHEREAS, in accordance with SEMS, the Board of Supervisors of the County of Los Angeles established the Los Angeles County Operational Area ("Operational Area") on July 5, 1995, with the County of Los Angeles serving as the lead agency of the Los Angeles County Operational Area; and WHEREAS, to enable the Los Angeles County Operational Area to accomplish the objectives of SEMS by promoting greater efficiencies in disaster management, planning, training, and preparedness, it is essential to coordinate the efforts of the cities within the Los Angeles County Operational Area; and WHEREAS, such coordination can be accomplished by cooperative management, planning, training, and preparedness action through responsible agencies prior to the time disaster response is required; and Attachment I For Cities with existing Joint Powers Agreement/Coordinator. WHEREAS, there have been established Disaster Management Areas (previously known as "Civil Defense Areas") within the Los Angeles County Operational Area, each having a Disaster Management Area Coordinator who serves as a representative on the Operational Area Advisory Board to facilitate communication between the cities and the Operational Area; and WHEREAS, the parties to this Agreement are located within Disaster Management Area of the Los Angeles County Operational Area and, therefore, have mutual interests and objectives to accomplish with reference to disaster management, planning, training and preparedness within said Area ; and WHEREAS, the power to prepare for and mitigate natural or man-made disasters, and the power to act in case of emergency or disaster, are all powers common to the parties to this Agreement; and WHEREAS, that in order to efficiently and adequately exercise the powers hereinabove referred to, it is essential that skilled personnel, charged with the duty of coordinating disaster management efforts, should be provided in order to obtain maximum benefits; and WHEREAS, that the parties to this Agreement believe the arrangements and provisions provided by this Agreement will best serve the public peace, health, safety, and general . welfare of said respective parties, and of the Los Angeles County Operational Area and, therefore, shall supersede any prior agreement concerning Civil Defense Areas or Disaster Management Areas. jpakdmac.wpd 2 Attachment I For Cities with existing Joint Powers Agreement/Coordinator. NOW THEREFORE, in consideration of the foregoing recitals and of the benefits which will be derived from the coordination of disaster management, planning, training and preparedness efforts, and the availability of skilled personnel with adequate knowledge for coordination purposes, the parties hereto do hereby mutually covenant and agree with each other, under the power and authority to do so granted under the provisions of Chapter 5 of Division 7 of Title 1 (Section 6500 et seq.) of the Government Code of the State of California, as follows: 1.0 Purpose 1.1 The purpose of this Agreement is to promote the coordination of disaster management, planning, training and preparedness efforts of the parties by cooperative planning and related activity under the direction of a Disaster Management Area Board. This Agreement shall supersede any prior agreement by the parties hereto concerning these matters. 2.0 Creation of Disaster Management Area Board 2.1 There is hereby created the Disaster Management Area Board ("Governing Board"). The Governing Board at a minimum shall consist of one representative from each party who shall be appointed to the Governing Board by the governing body of each party, and who may be removed at any time by such governing body. Each party may appoint an alternate who 0 d=C.wad 3 Attachment I For Cities with existing Joint Powers Agreement/Coordinator: may act in the absence of the designated representative. No representative or alternate shall be appointed who is not an official or employee of the appointing party. At its option, the Governing Board may create an Executive Board or any standing committees as required. 3.0 Powers of the Disaster Management Area Board 3.1 Within 60 days after this Agreement is formally approved by a minimum of three(3) parties, including two (2) cities and the County, the current Coordinator for the existing Civil Defense Area or Disaster Management Area , in conjunction with the County Operational Area Office of Emergency Management, shall assist this Governing Board to provide for implementation of the provisions of this Agreement. 3.2 . The Governing Board shall determine the most appropriate means to provide direct coordination and communication between the Los Angeles County Operational Area and the parties to this Agreement. This may include retaining a full-time Disaster Management Area Coordinator, or designating a lead agency to serve as Disaster Management Area Coordinator to work cooperatively to strengthen the Disaster Management Area as part of the Operational Area in disaster management, planning, training and preparedness. If the Governing Board designates a Coordinator who is not a lead agency or an employee of a party, the terms and conditions governing the services of the Coordinator shall be established by the Governing Board who shall designate the administrative practices. The Disaster Management Area Coordinator shall act as the Governing Board's representative on the Operational Area Advisory Board. 3.3 Standard duties of the Disaster Management Area Coordinator or designated lead agency functioning in that capacity shall minimally include those identified in the attached Attachment I For Cities with existing Joint Powers Agreement/Coordinator. "Duty Statement". Optional responsibilities listed in the Duty Statement may be modified as necessary by said Board in meeting its specific needs. 3.4 The Governing Board shall have such powers as are granted by statute to general law cities to perform the duties specified in this Agreement, and such powers are subject to the same restrictions upon the manner of exercising the powers as in a general law city. 3.5 The Governing Board shall have the duty and responsibility to determine if personnel will be employed under this Agreement; the compensation of such personnel; the location of the Office Headquarters; all matters relating to policy and finance; and the overall supervision and direction of the personnel employed. 3.6 Nothing contained in this Agreement shall be construed as granting to any board, person, or other entity, the responsibility or power of each of the parties hereto to protect against the loss of life and property solely within their respective jurisdictions. The parties specifically retain such responsibility and power. 4.0 Rules of the Board 4.1 A simple majority of said Board shall constitute a quorum for the transaction of business unless otherwise designated by the Governing Board. The Governing Board shall elect one of its own members as Chair of the Governing Board. The Governing Board shall provide for the time and place of its own meetings, shall promulgate its own rules, and conduct its business according to Robert's Rules of Order. It shall cause to be kept a record of its proceedings and shall furnish a copy thereof to each of the parties hereto. Jpakdmac.wpd 5 Attachment I For Cities with existing Joint Powers Agreement/Coordinator: 5.0 Audit 5.1 If in the process of conducting its duties the Governing Board receives funds, property or other assets from any source, said Governing Board shall be strictly accountable for those assets and shall report all receipts and disbursements, as provided in the Addendum to this Agreement. 5.2 Any party shall have the right during regular business hours to examine, inspect, review and copy, at its own expense, all books, records, accounts and other documents of the Governing Board relating to this Agreement. 6.0 Duration of this Agreement 6.1 This Agreement shall take effect and be in full force as soon as such Agreement shall be duly executed by a minimum of three (3) parties, including two (2) cities and the County, and shall continue in full force and effect until such time as the member parties determine it is in the public interest to dissolve the Disaster Management Area 6.2 The parties hereto shall have the right to withdraw from this Agreement effective July 1 of any calendar year by filing a written notice of intention to so withdraw from said Disaster Management Area on or before the first day of April of such year. In the event of the withdrawal from this Agreement of one or more of the parties hereto, this Agreement shall continue and remain in full force and effect insofar as the remaining parties are concerned. Any costs of the program provided for herein shall be bome by the remaining parties in accordance with the Addendum to this Agreement. Attachment I For Cities with existing Joint Powers Agreement/Coordinator. 7.0 Disposition of Assets 7.1 The party or parties electing to withdraw from this Agreement prior to final termination shall not be entitled to any refund or payment from any properties or assets accumulated as a result of the joint exercise of powers herein. Upon final termination of this Agreement all property and any surplus or remaining funds acquired hereunder shall be distributed to the parties to this Agreement at the time of such termination in proportion to their contributions for the last calendar year during which the Agreement was effective. 8.0 Amendments 8.1 This Agreement may be amended from time -to -time by the unanimous agreement of the parties. 9.0 Counterparts 9.1 This Agreement may be executed in one or more counterparts and may include multiple signature pages, all of which shall be deemed to be one agreement. Copies of this Agreement may be used in lieu of the original. 10.0 Liability 10.1 Employees of any party performing disaster management services on behalf of the Disaster Management Area shall remain employees of that party for the purposes of workers' compensation and no other party shall have liability for injury to an employee of another party. 10.2 Pursuant to Government Code Section 895.4, each party hereby assumes the liability imposed on it, its officers and employees for injury caused by a negligent or wrongful act or jpakd=r-WPd 7 Attachment I For Cities with existing Joint Powers Agreement/Coordinator: omission occurring in the performance of that party's obligations under this Agreement to the same extent that such liability would be imposed in the absence of Government Code Section 895.2. Accordingly, each party shall defend, indemnify and hold harmless the other parties for any claim, demand, cause of action, loss, liability, damage, cost or expense that may be imposed on such party solely by virtue of said Section 895.2. IN WITNESS WHEREOF each party has caused this Agreement to be duly executed by its authorized officer(s) on the date(s) set forth below. Signature Page of JOINT POWERS AGREEMENT TO PROVIDE FOR INTER -AGENCY COOPERATION IN MAJOR NATURAL OR MAN-MADE DISASTER DISASTER MANAGEMENT AREA Name of Party By Name/Title Date jpakdmaa.wpd 8 Attachment I For Cities with existing Joint Powers Agreement/Coordinator: ADDENDUM TO JOINT POWERS AGREEMENT Disaster Management Area This addendum is hereby incorporated in the Joint Powers Agreement for Disaster Management Area to provide for preparation of annual budgets, assessment of fees to the member parties and accounting of assets pursuant to this Agreement. (1) The respective parties hereto, with the exception of the County of Los Angeles, agree to pay their respective proportionate shares of the costs and expenses incident to the activities, operations and services covered by this Agreement. Their respective proportionate shares shall be as their respective populations bear to each other, as estimated by Urban Research Regional Population Models, as of January 1 of each year this Agreement is in effect. The shares shall be based on a per capita rate. (2) The County of Los Angeles shall pass through Emergency Management Assistance (EMA) grant funding, including funding for unincorporated area populations, in accordance with the approved EMA distribution- plan, as appropriated annually by the Board of Supervisors. (3) The annual budgets shall be prepared and adopted by the Disaster Management Area Board. The proportional contribution shall be addressed in the budget preparations and approved by the Disaster Management Area Board. Minimum assessments may be established by the Area Board. Any funds remaining at the end of the fiscal year shall be carried over to the budget of the next fiscal year. (4) No funds may be expended or obligated by the Disaster Management Area Board in excess of the total amount received from the participating agencies, plus such grants or gifts as the Board may receive from other sources. (5) The adopted budget shall be submitted to the respective parties hereto, on or before the first day of May each year so as to enable legislative bodies of the respective parties to examine same prior to the beginning of each fiscal year and take such action with reference thereto, as they may desire, on their respective parts. (6) Payments by the respective parties are to be made to the Disaster Management Area Board on or before July 31 of each year. The Disaster Management Area Board shall be strictly accountable for all funds and shall make an annual report of all receipts and disbursements to the parties hereto for each fiscal year. N� Attachment I LOS ANGELES COUNTY DISASTER MANAGEMENT AREA COORDINATORS (DMACS) DUTY STATEMENT Policy Statement—The first priority of any DMAC will be to the cities within his/her own Area; second priority will be assistance to the other Areas and cities within and to the Los Angeles County Operational Area (Op Area) Emergency Operations Center (EOC) (OAEOC) —City Liaison post. Response to assistance requests will be to Areas of greatest need. NON -EMERGENCY ROLE Mission Statement—Coordinate with Area cities in planning for preparedness, mitigation and recovery from emergencies/disasters. Minimum Responsibilities/Services • Disseminate emergency management information received from the County/County Op Area to the Area cities. • Work with the Op Area in development and submission of required EMA documents. • Cooperate and participate with the Op Area and the County Office of Emergency Management (OEM) in operational planning, exercises and training affecting Area jurisdictions. • Coordinate and communicate with other disaster services organizations during disasters. • Attend pertinent federal, state, Op Area and other training programs, workshops and seminars to improve emergency programs; brief Area cities on essential or relevant information. • Represent the Area at appropriate meetings, including Op Area, state, federal, private and non-profit organizations. Optional Responsibilities/Services as Directed by the Area Board • Organize, conduct and assist in training programs, conferences, etc. • Using available federal, state and local guidance, coordinate and assist, as appropriate, in the development of member cities' emergency plans, programs and policies. Conduct regular board. meetings/Workshops on relevant topics. • Provide public information materials to member cities, general public, schools and businesses; respond to public inquiries; maintain an audio visual library and maintain information on resources available during a disaster. • Assist member cities in preparation and revisions of necessary ordinances and resolutions and other paperwork required by FEMA, State OES and/or Op Area. • Assist member cities in planning and organizing preparedness exercises, as requested. Minimum Responsibilities/Services (Cont.) • Liaison with the Sheriffs Department, Emergency Operations Bureau (EOB) and Station Coordinator; Red Cross Chapterls); Los Angeles County (OEM) and other county departments; State OES and FEMA. Coordinate with these agencies in special projects or programs. • Prepare annual budget information; maintain all financial records. • Maintain all records necessary for participation in EMA funding. Attachment Optional Responsibilities/Services as Directed by the Area Board (Cont.) • Consult with and provide expertise for member cities who are developing Emergency Operation Centers (EOCs), including information on appropriate displays, supplies, communications systems, etc., as requested. • Maintain the Area office, including record keeping, Area -wide information file, correspondence, and all clerical and secretarial duties. DMAC Mutual Aid • Subject to availability, provide backup services for absent Area Coordinator. Respond to urgent information requests and disseminate critical information to cities in the absence of their DMAC. Note: The amount of time given to any one activity will vary depending on the annual emergency management focus and emergency activations. azlowleYALUS N:4 (Minimum Responsibility) Mission Statement—Advocate for Area cities and liaison with the Los Angeles County Operational Area (Op Area) Emergency Operations Center (EOC) (OAEOC) as necessary; assist other Areas as requested; staff City Liaison post at OAEOC. • Check in with Area cities to quickly determine the impact of the emergency/disaster. • Provide a quick Area status report to the OAEOC to supplement individual cities' reports. This is not a detailed or formal report. It should be considered outside the normal reporting system and will provide the OAEOC with an indication of where potential problems might exist as well as indicate which Disaster Management Area Coordinators (DMACs) might be in the best position to directly provide staffing to assist the most heavily impacted Area(s) and the OAEOC (staffing may come from the DMAC or from a city within the DMAC's Area). • Get feedback from the OAEOC as to which DMAC Areas appear to be most heavily impacted and which appear least impacted. Feedback will include a recommendation from the OAEOC as to which DMAC should provide staffing to the OAEOC (staffing may come from the DMAC or from a city within the DMAC's Area). • DMAC or selected city provides shift staffing to the OAEOC to represent concerns of cities, to ensure that the needs and concerns of cities are properly represented in the OAEOC, and to participate, as appropriate, in the development of solutions affecting cities. Attachment II For Cities without existing Joint Powers Agreement: JOINT POWERS AGREEMENT TO PROVIDE FOR INTER -AGENCY COOPERATION IN MAJOR NATURAL OR MAN-MADE DISASTER DISASTER MANAGEMENT AREA Los Angeles County Operational Area WHEREAS, natural or man-made disasters such as earthquakes, fires, floods, civil unrest, acts of terrorism or other physical manifestations may affect the peace, health, safety and general welfare of large numbers of persons and extensive areas; and WHEREAS, the State of California has adopted the Standardized Emergency Management System ("SEMS") pursuant to Title 19, Division 2 of the State's Code of Regulations requiring all local governments within a county geographic area to be organized into a single Operational Area; and WHEREAS, in accordance with SEMS, the Board of Supervisors of the County of Los Angeles established the Los Angeles County Operational Area ("Operational Area") on July 5, 1995, with the County of Los Angeles serving as the lead agency of the Los Angeles County Operational Area; and WHEREAS, to enable the Los Angeles County Operational Area to accomplish the objectives of SEMS by promoting greater efficiencies in disaster management, planning, training, and preparedness, it is essential to coordinate the efforts of the cities within the Los Angeles County Operational Area; and WHEREAS, such coordination can be accomplished by cooperative management, planning, training, and preparedness action through responsible agencies prior to the time disaster response is required; and WHEREAS, there have been established Disaster Management Areas (previously known as "Civil Defense Areasl within the Los Angeles County Operational Area; and jpanok.wpd Attachment II For Cities without existing Joint Powers Agreement: WHEREAS, the parties to this Agreement are located within Disaster Management Area of the Los Angeles County Operational Area and, therefore, have mutual interests and objectives to accomplish with reference to disaster management, planning, training and preparedness within said Area ; and WHEREAS, the power to prepare for and mitigate natural or man-made disasters, and the power to act in case of emergency or disaster, are all powers common to the parties to this Agreement; and WHEREAS, that in order to efficiently and adequately exercise the powers hereinabove ; referred to, it is essential that skilled personnel, charged with the duty of coordinating disaster management efforts, should be provided in order to obtain maximum benefits; and WHEREAS, that the parties to this Agreement believe the arrangements and provisions provided by this Agreement will best serve the public peace, health, safety, and general welfare of said respective parties, and of the Los Angeles County Operational Area and, therefore, shall supersede any prior agreement concerning Civil Defense Areas or Disaster Management Areas. NOW THEREFORE, in consideration of the foregoing recitals and of the benefits which will be derived from the coordination of disaster management, planning, training and preparedness efforts, and the availability of skilled personnel with adequate knowledge for coordination purposes, the parties hereto do hereby mutually covenant and agree with each other, under the power and authority to do so granted under the provisions of Chapter 5 of Division 7 of Title 1 (Section 6500 et seq.) of the Government Code of the State of California, as follows: 1.0 Purpose 1.1 The purpose of this Agreement is to promote the coordination of disaster management, planning and preparedness efforts of the parties by cooperative planning, training and related j"nok.wo 2 Attachment II For Cities without existing Joint Powers Agreement: activity under the direction of a Disaster Management Area Board. This Agreement shall supersede any prior agreement by the parties hereto concerning these matters. 2.0 Creation of Disaster Management Area Board 2.1 There is hereby created the Disaster Management Area Board ("Governing Board") The Governing Board shall consist of one representative from each party who shall be appointed to the Governing Board by the governing body of each party, and who may be removed at any time by such governing body. Each party may appoint an alternate who may act in the absence of the designated representative. No representative or alternate shall be appointed who is not an official or employee of the appointing party. 3.0 ' Powers of the Disaster Management Area Board 3.1 Within 60 days after this Agreement is formally approved by a minimum of three(3) parties, to include two (2) cities and the County, the current coordinator for the existing Disaster Management Area in conjunction with the County Operational Area Office of Emergency Management shall assist this Board to provide for implementation of the provisions of this Agreement. 3.2 The Disaster Management Area Board shall determine the most appropriate means to provide direct coordination and communication between the Los Angeles County Operational Area and the parties to this Agreement. This may include retaining a full- or part-time Disaster Management Area Coordinator, or designating a lead agency to serve as Disaster Management Area Coordinator to work cooperatively to strengthen the Disaster Management Area as part of the Operational Area in disaster management, planning, training and preparedness. If the Governing Board designates a Coordinator who is not a lead agency or an employee of a party, jPanok.wpd 3 Attachment ii For Cities without existing Joint Powers Agreement: the terms and conditions governing the services of the Coordinator shall be established by the Governing Board who shall designate the administrative practices. The Disaster Management Area Coordinator shall act as the Board's representative on the Operational Area Advisory Board. 3.3 Standard duties of the Disaster Management Area Coordinator or designated lead agency functioning in that capacity shall minimally include those identified in the attached "Duty Statement". Optional responsibilities listed in the Duty Statement may be modified as necessary by said Board in meeting its specific needs. 3.4 The Governing Board shall have such powers as are granted by statute to general law cities to perform the duties specified in this Agreement, and such powers are subject to the same restrictions upon the manner of exercising the powers as in a general law city. 3.5 The Governing Board shall have the duty and responsibility to determine if personnel will be employed under this Agreement; the compensation of such personnel; the location of the Office Headquarters; all matters relating to policy and finance; and the overall supervision and direction of the personnel employed. 3.6 Nothing contained in this Agreement shall be construed as granting to any board, person, or other entity, the responsibility or power of each of the parses hereto to protect against the loss of life and property solely within their respective jurisdictions. The parties specifically retain such responsibility and power. 4.0 Rules of the Board 4.1 A simple majority of said Board shall constitute a quorum for the transaction of business unless otherwise designated by.the Governing Board. The Governing Board shall elect one of its own members as Chair of the Governing Board. The Goveming Board shall provide for the time and place of its own meetings, shall promulgate jp.nok wpd 4 Attachment II For Cities without existing Joint Powers Agreement: its own rules, and conduct its business according to Robert's Rules of Order. It shall cause to be kept a record of its proceedings and shall furnish a copy thereof to each of the parties hereto. 5.0 Audit 5.1 if in the process of conducting its duties the Disaster Management Area Board receives funds, property or other assets from any source, said Board shall be strictly accountable for those assets and shall report all receipts and disbursements, as provided in the Addendum to this Agreement. 5.2 Any party shall have the right during regular business hours to examine, inspect, review and copy, at its own expense, all books, records, accounts and other documents of the Governing Board relating to this Agreement. 6.0 Duration of this Agreement 6.1 This Agreement shall take effect and be in full force as soon as such Agreement shall be duly executed by a minimum of three (3) parties to include two (2) cities and the County and shall continue in full force and effect until such time as the member parties determine it is in the public interest to dissolve the Disaster Management Area. 6.2 The parties hereto shall have the right to withdraw from this Agreement effective July 1 of any calendar year by filing a written notice of intention to so withdraw from said Disaster Management Area on or before the first day of April of such year. In the event of the withdrawal from this Agreement of one or more of the parties hereto, this Agreement shall continue and remain in full force and effect insofar as the remaining parties are concerned. Any costs of the program provided for herein shall be borne by the remaining parties in accordance with the Addendum to this Agreement. bmnok.wpd 5 Attachment 11 For Cities without existing Joint Powers Agreement: 7.0 Disposition of Assets 7.1 The party or parties electing to withdraw from this Agreement prior to final termination shall not be entitled to any refund or payment from any properties or assets accumulated as a result of the joint exercise of powers herein. Upon final termination of this Agreement all property and any surplus or remaining funds acquired hereunder shall be distributed to the parties to this Agreement at the time of such termination in proportion to their contributions for the last calendar year during which the Agreement was effective. 8.0 Amendments 8.1 This Agreement may be amended from time -to -time by the unanimous agreement of the parties. 9.0 Counterparts 9.1 This Agreement may be executed in one or more counterparts and may include multiple signature pages, all of which shall be deemed to be one agreement. Copies of this Agreement may be used in lieu of the original. 10.0 Liability 10.1 Employees of any party performing disaster management services on behalf of the Disaster Management Area shall remain employees of that party for the purposes of workers' compensation and no other party shall have liability for injury to an employee of another party. 10.2 Pursuant to Government Code Section 895.4, each party hereby assumes the liability imposed on it, its officers and employees for injury caused by a negligent or wrongful act or omission occurring in the performance of that party's obligations under this Agreement to the Attachment 11 For Cities without existing Joint Powers Agreement: same extent that such liability would be imposed in the absence of Government Code Section 895.2. Accordingly, each party shall defend, indemnify and hold harmless the other parties for any claim, demand, cause of action, loss, liability, damage, cost or expense that may be imposed on such party solely by virtue of said Section 895.2. IN WITNESS WHEREOF each party has caused this Agreement to be duly executed by its authorized officer(s) on the date(s) set forth below. Signature Page of JOINT POWERS AGREEMENT TO PROVIDE FOR INTER -AGENCY COOPERATION IN MAJOR NATURAL OR MAN-MADE DISASTER DISASTER MANAGEMENT AREA Name of Party sy Name[Title Date ivaru*Wo 7 Attachment 11 For Cities without existing Joint Powers Agreement: ADDENDUM TO JOINT POWERS AGREEMENT Disaster Management Area This addendum is hereby incorporated in the Joint Powers Agreement for Disaster Management Area to provide for preparation of annual budgets, assessment of fees to the member parties and accounting of assets pursuant to this Agreement. (1) The respective parties hereto, with the exception of the County of Los Angeles, agree to pay their respective proportionate shares of the costs and expenses incident to the activities, operations and services covered by this Agreement. Their respective proportionate shares shall be as their respective populations bear to each other, as estimated by Urban Research Regional Population Models, for January 1 of each year this Agreement is in effect. The shares shall be based on a per capita rate. (2) The County of Los Angeles shall pass through. Emergency Management Assistance (EMA) grant funding, including funding for unincorporated area populations, in accordance with the approved EMA distribution plan, as appropriated annually by the Board of Supervisors. (3) The annual budget shall be prepared and adopted by the Disaster Management Area Board. The proportional contribution shall be addressed in the budget preparations and approved by the Disaster Management Area Board. Minimum assessments may be established by the Area Board. Any funds remaining at the end of the fiscal year shall be carried over to the budget of the next fiscal year. (4) No funds may be expended or obligated by the Disaster Management Area Board in excess of the total amount received from the participating agencies, plus such grants or gifts as the Board may receive from other sources. (5) The adopted budget shall be submitted to the respective parties hereto, on or before the first day of May each year so as to enable legislative bodies of the respective parties to examine same prior to the beginning of each fiscal year and take such action with reference thereto, as they may desire, on their respective parts. (6) Payments by the respective parties are to be made to the Disaster Management Area Board on or before July 31 of each year. The Disaster Management Area Board shall be strictly accountable for all funds and shall make an annual report of all receipts and disbursements to the parties hereto for each fiscal year. 0 Attachment 11 LOS ANGELES COUNTY DISASTER MANAGEMENT AREA COORDINATORS (DMACS) DUTY STATEMENT Policy Statement—The first priority of any DMAC will be to the cities within his/her own Area; second priority will be assistance to the other Areas and cities within and to the Los Angeles County Operational Area (Op Area) Emergency Operations Center (EOC) (OAEOC) --City Liaison post. Response to assistance requests will be to Areas of greatest need. NON -EMERGENCY ROLE Mission Statement ---Coordinate with Area cities in planning for preparedness, mitigation and recovery from emergencies/disasters. Minimum Responsibilities/Services • Disseminate emergency management information received from the County/County Op Area to the Area cities. • Work with the Op Area in development and submission of required EMA documents. • Cooperate and participate with the Op Area and the County Office of Emergency Management (OEM) in operational planning, exercises and training affecting Area jurisdictions. • Coordinate and communicate with other disaster services organizations during disasters. • Attend pertinent federal, state, Op Area and other training programs, workshops and seminars to improve emergency programs; brief Area cities on essential or relevant information. • Represent the Area at appropriate meetings, including Op Area, state, federal, private and non-profit organizations. Optional Responsibilities/Services as Directed by the Area Board • Organize, conduct and assist in training programs, conferences, etc. • Using available federal, state and local guidance, coordinate and assist, as appropriate, in the development of member cities' emergency plans, programs and policies. • Conduct regular board meetings/workshops on relevant topics. • Provide public information materials to member cities, general public, schools and businesses; respond to public inquiries; maintain an audio visual library and maintain information on resources available during a disaster. • Assist member cities in preparation and revisions of necessary ordinances and resolutions and other paperwork required by FEMA, State OES and/or Op Area. • Assist member cities in planning and organizing preparedness exercises, as requested. Minimum Responsibilities/Services (Cont.) • Liaison with the Sheriffs Department, Emergency Operations Bureau (EOB) and Station Coordinator; Red Cross Chapfer(s); Los Angeles County (OEM) and other county departments; State OES and FEMA. Coordinate with these agencies in special projects or programs. • Prepare annual budget information; maintain all financial records. • Maintain all records necessary for participation in EMA funding. Attachment II Optional Responsibilities/Services as Directed by the Area Board (Cont.) • Consult with and provide expertise for member cities who are developing Emergency Operation Centers (EOGs), including information on appropriate displays, supplies, communications systems, etc., as requested. • Maintain the Area office, including record Keeping, Area -wide information file, correspondence, and all clerical and secretarial duties. DMAC Mutual Aid • Subject to availability, provide backup services for absent Area Coordinator. Respond to urgent information requests and disseminate critical information to cities in the absence of their DMAC. Note: The amount of time given to any one activity will vary depending on the annual emergency, management focus and emergency activations. (Minimum Responsibility) Mission Statement—Advocate for Area cities and liaison with the Los Angeles County Operational Area (Op Area) Emergency Operations Center (EOC) (OAEOC) as necessary; assist other Areas as requested; staff City Liaison post at OAEOC. • Check in with Area cities to quickly determine the impact of the emergency/disaster. • _ Provide a quick Area status report to the OAEOC to supplement individual cities' reports. This is not a detailed or formal report. It should be considered outside the normal reporting system and will provide the OAEOC with an indication of where potential problems might exist as well as indicate which Disaster Management Area Coordinators (DMACs) might be in the best position to directly provide staffing to assist the most heavily impacted Area(s) and the OAEOC (staffing may come from the DMAC or from a city within the DMAC's Area). • Get feedback from the OAEOC as to which DMAC Areas appear to be most heavily impacted and which appear least impacted. Feedback will include a recommendation from the OAEOC as to which DMAC should provide staffing to the OAEOC (staffing may come from the DMAC or from a city within the DMAC's Area). • DMAC or selected city provides shift staffing to the OAEOC to represent concems of cities, to ensure that the needs and concerns of cities are properly represented in the OAEOC, and to participate, as appropriate, in the development of solutions affecting cities. County of Los Angeles CHIEF ADMINISTRATIVE OFFICE Office of Emergency Management To: Karen Uchbenburg County Counsel Re: Joint Powers Agreements Date: April 15, 1999 Pages: ,including this cover sheet. As you know, our office has been instructed to review the potential for realignment of the County Disaster Management Areas C & D. We will be attending a meeting on Monday to further discuss the Board Order and strategize an approach. We'll be meeting with representatives of the City of San Gabriel P. Michael Paules, City Manager, and I. W. Sweet, Fire Chief, and the Area D Disaster ManagementArea Coordinator, Brenda Hunemiller. In anticipation of Monday's meeting, the Area D Disaster Management Area Executive Board met to provide the Coordinator some support and direction. The meeting was held this morning and the following questions were raised for which we need you legal advice and expertise: Question # 1: Joint Powers Agreement(JPA): With Approximately 50% of the existing Area D cities having already signed the revised JPA, would another JPA have to be initiated if a consolidation occurred (.e. if Area C and D were merged, or additional cites, such as San Marino and San Gabriel, were added to Area D)? Question #2: Does the. Board of Supervisors have the right to cancel an existing JPA without consent of the cities or in opposition to the cities should they want to consolidate Areas C and D? Question #3: Who, ultimately, makes the decision regarding area composition, the Board of Supervisors or the cities which make up the Area? Question #4: Does the County have greater powers in the JPA than the cities or is it just like another city? Hopefully these questions do not create additional questions for you. information, you should contact Constance Perett as I will not be in on tomorrow, April 16. However, I will be in the office today at least until 6:30 pm. Constance can be reached at (323) 980-2261. If you can fax or email your responses, I can pick them up on Monday prior to the meeting. Sandra L Tufts Chief Admintsuative Office ffice of Emergency Management 1275 North Eastern Avenue Los Angeles, CA 90063 However, if you need additional From the desk of... As always, thanks in advance for . (323) 980-2270 Fax (323) 8814891 Question #1: The current JPA's do not identify the boundaries of DMA area; they merely recite that the parties to the agreement are in the area. A Board change of the boundaries would not require a change in the agreement (provided the name of the area remains the same). Since there is no change to the agreement, those parties who have already signed would not have to sign again. Question 62: The Board could choose not to have DMA's or change the boundaries of DMA's. Where the County is a party to a current JPA paragraph 6.2 provides that any party, including the County, may withdraw from the agreement effective 7/1. The Board could change or eliminate the EMA funding plan to the DMA's. There is no explicit authority for the County to unilaterally cancel a JPA. Question #3: There is no law which gives this authority to any entity, so if there is not mutual agreement among the cities or between the County and the cities, there is no agreement. Question 04: All parties are treated the some under the JPNe. PeaW Fax NOW 7871 Question #1: The current JPXs do not identify the boundaries of the DMA area; they merely recite that the parties to the agreement are in the area. A Board change of the boundaries would not require a change in the agreement (provided the name of the area remains the same). Since there is no change to the agreement, those parties who have already signed would not have to sign again. Question #2: The Board could choose not to have DMA's or change the boundaries of DMA's. Where the County is a party to a current JPA paragraph 6.2 provides that any party, including the County, may withdraw from the agreement effective 711. The Board could change or eliminate the EMA funding plan to the DMA's. There is no explicit authority for the County to unilaterally cancel a JPA. Question #3: Them is no law which gives this authority to any entity, so if there is not mutual agreement among the cities or between the County and the cities, there Is no agreement. Question #i: All parties are treated the same under the JPA's. PeaW Fax NOW 7671 a R From: "LICHTENBERG, KAREN"<KLICHTENBERG@counsel.co.la.ca.us> To: 'SANDRA TUFTS' <stufts@cao.co.la.ca.us> Date: 1/10/00 3:20PM Subject: RE: JPAs There aren't any rules on this. I assume the purpose for numbering the signature pages is so that it is clear how many signatories there are. Based on this assumption, the numbering system which best fulfills the purpose of numbering the signature pages is to anticipate at the beginning how many pages there will be in total if all sign and numbering each signatory page as one of that total number. --Original Message From: SANDRA TUFTS [maiito:stuf s ctci cao.co.la.ca.usj Sent: Thursday, January 06, 2000 6:26 PM To: KLICHTENBERG@oounsei.co.la.ca.us Subject: JPAs Happy New Years .... Again I have a question. The JPA signature pages call for a numbering (i.e., 1 of ... , 2 of..., etc.) Presently, in Area A there are 4 cities. Two of those cities (Culver City and Santa Monica) have already pproved and signed the JPA. Ergo I can process the documents to the Executive Office so that they can execute and stamp them. These JPA's will be numbered 1of 2, and 2 of 2. One of the remaining cities ( Beverly Hills) will probably get an approval in a month or so. How should the numbering go then? Does it become 1 of 1 or 3 of 3? Then , do we have to change the first two JPAs so that we have 1 of 3, 2 of 3, and finally Beverly Hills with 3 of V. i know this is not unique;, it must have happened many times before; I just can't figure out how to handle it Have a great weekend. STAFF REPORT ITEM NO. i & TO: Honorable Mayor and Members of the City Council FROM: Shannon Yauchzee, Chief Executive Officer i DATE: June 19, 2019 SUBJECT: Adoption of Resolution No. 2019-031 In Support of Balanced Energy Solutions and Local Choice SUMMARY A number of state agencies are increasingly proposing new legislation and regulations looking to eliminate energy choices and mandating solutions to fully electrify homes and businesses in the future. These mandates eliminate local control and customer choice which suppresses innovation, reduces reliability, and unnecessarily increases costs for Baldwin Park residents and businesses. This resolution supports continued energy choice. RECOMMENDATION It is recommended that the City Council adopt the following resolution: Resolution No. 2019-031 - "A Resolution Of The City Council Of The City Of Baldwin Park, California, Supporting Balanced Energy Solutions And Local Choice". FISCAL IMPACT Not Applicable BACKGROUND The reduction of greenhouse gas emissions and reducing the effect of climate change on our citizens are primary concerns of the Baldwin Park City Council and Staff. The City is taking a much more active role in helping promote ideas and measures that seek to meet or exceed emission reduction regulations. Supporting Resolution No. 2019-031 (Attachment 1) is a positive step towards communicating our City's desire to protect the interests of citizens to have a continued choice in their preferred energy solutions for their homes and businesses. This Resolution does not take a position against electrification. It does emphasize the desire of the City Council to allow for customer choice. The cost associated with electrical appliances and the long term costs to operate these items is greater than gas operated equipment. It is important to recognize that full electrification may be more costly for some residents, particularly the most financially vulnerable within our community (e.g. fixed incomes, elderly, working families, etc.). One of the additional benefits of maintaining a balanced energy solution is to allow alternative sources to be developed and available in case of electrical grid failure. The State's focus on electrical energy delivery discourages investment in alternative energy sources. Similar to the electrical companies, the Southern California Gas Company has also been doing its part to reduce greenhouse gases by promoting biogas or renewable natural gas. These energy alternatives come from sources such as green waste, wastewater treatment plants, food waste, and agriculture waste. They can capture this methane, which would normally go into the atmosphere, and put it into their pipelines for customer use. Supporting energy choice does not come at a cost to the environment. Both electricity and gas energy suppliers are concerned with greenhouse gas emissions and are seeking methods to protect the environment. By supporting the recommended Resolution the City Council is making a statement to protect customer choice, protect customers from higher energy costs and making a positive decision for a better environment in the future. ALTERNATIVES Not Applicable LEGAL REVIEW Not Applicable ATTACHMENTS 1) Resolution No. 2019-031 Attachment 1 Resolution No. 2019-031 RESOLUTION NO. 2019-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, SUPPORTING BALANCED ENERGY SOLUTIONS AND LOCAL CHOICE WHEREAS, California's energy policies are critical to reducing greenhouse gas emissions and reducing the impact of climate change on our citizens; and WHEREAS, the state legislature and state agencies are increasingly proposing new legislation and regulations eliminating choice of energy by mandating technologies to power buildings and public and private fleets, including transit and long-haul trucking, as a strategy to achieve the state's climate goals; and WHEREAS, clean, affordable and reliable energy is crucial to the material health, safety and well-being of the City of Baldwin Park residents, particularly the most vulnerable, who live in fixed incomes, including the elderly and working families who are struggling financially; and WHEREAS, the need for clean, affordable, and reliable energy to attract and retain local businesses, create jobs and spur economic development is vital to our city's success in a highly competitive and increasingly regional and global marketplace; and WHEREAS, the City of Baldwin Park, its residents and businesses value local control and the right to choose the policies and investments that most affordably and efficiently enable them to comply with state requirements; and I ' WHEREAS, building and vehicle technology mandates eliminate local control and customer choice, suppress innovation, reduce reliability and unnecessarily increase costs for the City of Baldwin Park residents and businesses; and WHEREAS, the City understands that relying on a single energy delivery system unnecessarily increases vulnerabilities to natural and man-made disasters, and that a diversity of energy delivery systems and resources contribute to greater reliability and community resilience; and WHEREAS, the City of Baldwin Park understand the need to mitigate the impacts of climate change and is committed to doing its part to help the state achieve its climate goals, but requires the flexibility to do so in a manner that best serves the needs of its residents and businesses. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. That the City supports balanced energy solutions that provide it with the decision-making authority and resources needed to achieve that state's climate goals and opposes proposed state legislation and policy that eliminate local control by mandating technologies that can be used to power buildings and fuel vehicles, and also meet or exceed emissions reductions regulations. Section 2. This City Clerk shall enter this Resolution into the official book of resolutions. PASSED, APPROVED, AND ADOPTED this 19th day of June 2019. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2019-031 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 19, 2019 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK STAFF REPORT ITEM NO. 177 TO: Honorable Mayor and City Councilmembers FROM: Johnny Patino, Interim Chief of Police, �j DATE: June 19, 2019 �(/ SUBJECT: Authorize purchase of police patrol vehicle SUMMARY This report seeks City Council approval for the purchase of one Ford Explorer Police vehicle and authorization to install and outfit this vehicle with specialized police equipment so it can be placed into service as a patrol vehicle. This car will replace a vehicle that was totaled in a traffic collision. FISCAL IMPACT There is no fiscal impact to the General Fund. The cost of purchasing the new vehicle is $35,590.77 which will be covered from the insurance claim of totaled vehicle. Staff recommends City Council approval to: 1. Waive the formal bidding process pursuant to §34.37 of the Baldwin Park Municipal Code on one vehicle, as existing cooperative purchasing contracts already exist with other governmental agencies, 2. Waive the formal bidding process for the purchase and installation of the emergency equipment pursuant to §34.23 (C), 3. Authorize the Police Department to purchase the new vehicle and equipment through existing contracts; joining in the cooperative purchasing contracts, or through procedures outlined above, 4. Direct the Finance Department staff to remove the totaled vehicle from the fixed assets record and record the insurance claim and the new vehicle purchase. and 5. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchases. BACKGROUND There is the need to replace a patrol vehicle that was totaled in a traffic collision. ICRMA insurance company settled our claim for $36,700.00. This particular police vehicle was a newer police vehicle assigned for patrol. The absence of this vehicle has placed a strain on our current fleet making it necessary to keep more of the vehicles running around the clock. This practice leads to excessive "wear and tear" on the remaining fleet. Staff was able to locate a new 2019 Ford Explorer at a reduced cost from Wondries Fleet Group. This vehicle will be purchased through an existing cooperative purchasing agreement. The existing emergency equipment will be removed from the totaled vehicle and installed in the new vehicle by Black and White emergency vehicles. r I s 2019 Ford Explorer Purchase (6-19-19) Paee 2 Usual purchasing practices in acquiring vehicles and other major equipment is by following formal bid procedures, which are outlined in The Baldwin Park Municipal Code §34.23. This section also provides a mechanism to waive the bidding procedure under certain circumstances. Per §34.37, Cooperative Purchasing Agreements, "Whenever the council finds the public interest and convenience require, the city may purchase city supplies and equipment utilizing purchasing agreements maintained by the county, state or other public agencies without complying with the requirements of this chapter." Additionally, it would also be impractical to put out for public bid the purchase and installation of the emergency equipment. The City's current vendor, "Black and White" has been converting and servicing the City's police vehicles and is located in close proximity to the City. The City currently has an open purchase order with the company and the quality and dependability of the service has been proven. Staff requests Council approve the purchase of equipment and its installation pursuant to Baldwin Park Municipal Code § 34.23 (C) "When the City Council by four-fifths vote determines to dispense with such bidding and other procedures required by the above-mentioned sections in any individual instance upon a finding by the Council that it would be impractical, useless or uneconomical in such instance to follow the procedures, and that the welfare of the public would be promoted by dispensing with the same." LEGAL REVIEW Not Applicable. ALTERNATIVES An alternative is to create specifications and go out to bid, however this would cost staff time and resources and likely not result in any cost savings. In Addition it would delay the replacement of the vehicle that is a mission critical asset and is needed for daily operations. ATTACHMENTS #1, Quote from Wondries Fleet Group #2, Quote from Black and White Emergency Vehicles Attachment 1 Quote from Wondries Fleet Group 1 lawjr�t FLEET GROUP 400 S. Atlantic Blvd. Alhambra, CA 91841 - P.O. Box 1131 Alhambra, CA 91802 (626) 457-5590 (626) 457-5593 Fax June 11, 2019 Baldwin Park Police Department 14403 East Pacific Ave Baldwin Park, Ca 91706 Delivery Via Email Dear Mr. Licitra, In response to your inquiry, we are pleased to submit the following for your consideration: Wondries Fleet Group will sell, service and deliver at Sierra Madre new/unused 2019 Police Interceptor Utilities responding to your requirement with the attached specifications for $ 29,542.00 plus State Sales Tax, and $8.75 tire tax (non-taxable). These vehicles are available under the Los Angeles County PO# 18361203-1. Pricing includes black and white paint. Selling Price 29,542.00 Sales Tax 9.5% 2,806.49 Tire Tax 8.75 Total 32,357.24 Terms are net 30 days. Delivery is 15-30 days. Unit is in stock Wondries Fleet Group has served Southern California Law Enforcement since 1949. We welcome the opportunity to assist you in your vehicle requirements. Kevin Buzzard National Law Enforcement Sales Manager Wondries Fleet Group National Auto Fleet Group 626-457-5590 O 714-264-1867 C 626-457-5593 F Buzzard5150kgmail.com Attachment 2 Quote from Black and White Emergency Vehicles 590 South Vincent Avenue Azusa, CA 91702 Name / Address City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Quote Date Estimate # 5/21/2019 1523 Ship To City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 590 S. Vincent Ave, Azusa, CA 91702 Office (626) 3346300 Fax (626) 344-6301 JPZ.BLACKANDWHITEEV.COM WWW.BLACKANDWHITEEV.COM Customer Terms 2017 Strip/ 2019 Full Build Net 30 Item Description Qty Rate Total FULL,STRIP Full Strip of all Emergency Equipment from a 2017 Ford 1 300.00 300.00 Utility WIRE&TERMINALS Wire, Terminals, Tie -Wraps, & Hardware 1 165.00 165.00T Shop Labor Installation of all Emergency equipment from a 2017 34 80.00 2,720.00 removal into a 2019 Ford Utility MB8U 3/4" Hole NMO Antenna Coax RG58U 2 12.50 25.00T 22174 MiniUHF Male Crimp-RG58 2 2.50 5.00T Quotes are subject to change and are Valid for 30 Days Subtotal $3,215.00 Sales Tax (9.5%) $18.53 Total $3,233.53 Signature 590 S. Vincent Ave, Azusa, CA 91702 Office (626) 3346300 Fax (626) 344-6301 JPZ.BLACKANDWHITEEV.COM WWW.BLACKANDWHITEEV.COM ITEM NO. SA,- I - TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park FROM: Rose Tam, Director of Finance DATE: June 19, 2019 SUBJECT: Treasurer's Report — April 2019 SUMMARY Attached is the Treasurer's Report for the month of April 2019. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for April 2019. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report Exhibit "A" Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 4/30/2019 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City -Including General Fund & all other Special Revenue Funds 2.45% Varies Varies Housing Authority 2.45% Varies Varies Certificate of Deposit $ 33,087,070.18 $ 33,087,070.18 E 33,087,070.18 Citibank National Association (Mutual Securities) 2.66% 1/25/2019 1/26/2021 Goldman Sachs Sk USA NY (Mutual Securities) 2.25% 1/24/2018 1/24/2020 Sallie Mae Bk SILT Lake City UT (Mutual Securities) 2.25% 1/24/2018 1/24/2020 Morgan Stanley Bank N A Utah (Cantella) 2.64% 4/19/2018 4/20/2020 Barclays Bank Del (Cantella) 3.05% 12/19/2018 12/21/2020 Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies Fiscal Agent Funds - Successor Agency (TrustlDebt Service Fund; Varies Varies Varies $ 33,087,070.18 $ 33,087,070.18 $ 33,087,070.18 E 33,087,070.18 13,655.34 13,665.34 13,656.34 13,655.34 33,100,725.52 33,100,725.62 33,100,725.52 33,100,725.52 250,000.00 250,000.00 250,000.00 250,777.50 250,000.00 250,000.00 250,000.00 249,680.00 250,000.00 250,000.00 250,000.00 249,680.00 250,000.00 250,000.00 250,000.00 260,487.50 250,000.00 250,000.00 250,000.00 252,347.50 1,250,000.00 1,250,000.00 1,250,000.00 1,252,972.50 7,591,768.03 7,591,768.03 7,591,768.03 7,591,768.03 10, 979.70 10, 979.70 10, 979.70 10, 979.70 7,602,747.73 7,602,747.73 7,602,747.73 7,60$747.73 $ 41,953,473.25 $ 41,956,445.75 41,953,473.25 f 41,853,473.25 $ Total Investments $ 41,953,473.25 Cash with Bank of the West City Checking 1,252,783.83 Money Market Plus 132,8 2-62 City Miscellaneous Cash 160,112.73 Successor Agency 424,472.89 Housing Authority 144,029.75 Financing Authority 11,700.00 Investment Brokerage _ 258,643.43 Total Cash with Bank of the West 2,374,595.15 Total Cash and Investments E 44,L28 ,068.40 Schedule of Cash and Investments Includes city-wide assets as Included in the Comprehensive Annual Financial Report. Three Certificate of Deposits matured in April 2019 and several deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: --1 Rose Tam Director of Finance ITEM NO. 119 TO: Honorable Mayor/ Chair and Members of the City Council for the City of Baldwin Park, Financing Authority, Municipal Financing Authority, Housing Authority, and Successor Agency FROM: Shannon Yauchzee, Chief Executive Officer Rose Tam, Director of Financ� DATE: June 19, 2019 SUBJECT: Adoption of the Budget for Fiscal Year 2019-20 for the City, Finance Authority, Municipal Financing Authority, Housing Authority and Successor Agency SUMMARY The Mayor and City Council are required to adopt a budget annually for each fiscal year for the City. In addition, they must also adopt budgets for the Financing Authority, Municipal Financing Authority, Housing Authority, and the Successor Agency to the Dissolved Community Development Commission, where they also sit as Board Members. Attached is the copy of the proposed budget for Fiscal Year 2019-20 and the resolutions which approve the adoption of the budget. The Capital Improvement Projects (CIP) proposed budget for fiscal year 2019-20 is not included and will be presented in a later date. RECOMMENDATION Staff recommends that Council open a public hearing, and following the public hearing, approve the Fiscal Year 2019-20 Budget for the City of Baldwin Park by Resolution No. 2019- 033, for the Finance Authority by Resolution No. FA 2019-001, for the Municipal Financing Authority by Resolution No. MFA 2019-001, for the Housing Authority by Resolution No. HA 2019-002, and for the Successor Agency by Resolution No. SA 2019-001. FISCAL IMPACT General Fund (100 Revenues $ 34,172,380 Expenditures $ 34,152,329 Surplus $ 20,051 Other Funds - Expenditures Future Development Fund $ 198,390 Community Enhancement Fund $ 68,498 Internal Service Funds $ 5,473,812 Special Revenue Funds $12,763,204 Finance Authority $ 4,900,299 Housing Authority $ 5,188,100 Successor Agency $ 3,130,382 Total Other Funds — Expenditures $31,722,685 TOTAL BUDGET (CITY-WIDE EXPENDITURES) BACKGROUND The Mayor and City Council must adopt a budget each fiscal year for the City and its respective Agency and Authorities to operate. The Chief Executive Officer and Director of Finance met initially with each member of the Executive Team and their managers/supervisors/assistants to review their departmental budgets and their various requests. From those meetings a proposed budget was assembled for the Mayor and City Council to review and consider. The emphasis for the coming budget year is "Strive for a Balanced General Fund Budget, Reduce Future Costs and Generate Long -Term Savings, and Seek New Revenue Streams." The objective of the budget presented is to balance the general budget and maintain a healthy fund balance to meet future rising costs including but not limited to CaIPERS pension obligations, retiree health benefits, general insurance costs, and COLA/CPI. The City will continue to promote increased productivity, encourage efficiency in the workplace, seek new revenues, and reinvest in the community. The City-wide total proposed budget for Fiscal Year 2019-20 is $65,875,014. The projected General Fund Reserve balance at the end of the fiscal year will be $6.83 million with a slight increase from proposed General Fund budget surplus of $20,051. The General Fund revenue is expected to increase by $2.93M. The increases are mainly from property tax in lieu of vehicle license fees, property tax, sales tax, transient occupancy tax, gain on sale of property, and mitigation fees from cannabis. The City's General Fund proposed expenditures are $34,152,239, an increase of $2.16M. In order to balance the General Fund budget, the City reduces costs in contractual services, equipment purchases, and other miscellaneous expenses. The main increase is $2.1 M transfer to the Community Enhancement Fund from the projected cannabis mitigation fees that are expected to be received. These funds will be set aside for programs to benefit the local community. Public safety continues to be the priority of the City. In this Budget, four (4) police officer positions were released that were previously frozen to reduce overtime. The City also filled the Code Enforcement Supervisor position as it has been vacant for some time and Code Enforcement will be the first line of inspection for Cannabis operations. These positions will enhance safety and benefit the community. The proposed budgets also include special events and programs to benefit the community and promote business. These special events and programs are Downtown Street Market, Concerts in the Park, Baldwin Park Now, Media Outreach, 4t" of July Celebration. Christmas with the Cops, National Night Out, and Trick or Treat with the Cops will be funded from donations to the Police Department under Trust Fund 501 for a total estimated cost of $24,782. The City will continue to take a balanced and conservative approach in managing expenditures, as well as seeking other sources of revenue to maintain a healthy reserve amount for contingencies. Staff will continue to monitor appropriations and expenditures closely and will keep the Mayor and City Council apprised of any significant changes that will impact the budget. In the upcoming years, the City will continue to pursue additional revenues through economic development and other mechanisms. ALTERNATIVES In the event the budget is not adopted by July 1, 2019, staff is recommending that the City Council approve Continuing Appropriation Resolution Nos. 2019-033; FA 2019-001; MFA 2019-001; HA 2019-002; and SA 2019-001, which will allow the City to operate with the prior fiscal year's budget until a new budget is adopted. This will allow the City to continue providing vital services to the community but does not allow for spending for any new program, including new capital expenditures, until such time as a new budget is adopted by the City Council. LEGAL REVIEW This report and resolutions have been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Fiscal Year 2019-20 Proposed Budget (Summary) and Projected Fund Balance. The completed -proposed budget is available at the Finance Department and on the City's website 2. Budget Resolution Numbers: 2019-033; FA 2019-001; MFA 2019-001; HA 2019-002; and SA 2019-001 3. Continuing.Appropriation Resolution Numbers: 2019-033; FA 2019-001; MFA 2019-001; HA 2019-002; and SA 2019-001 ITEM NO. TO: Honorable Mayor/ Chair and Members of the City Council for the City of Baldwin Park, Financing Authority, Municipal Financing Authority, Housing Authority, and Successor Agency FROM: Shannon Yauchzee, Chief Executive Officer Rose Tam, Director of Finance DATE: June 19, 2019 SUBJECT: Adoption of the Budget for Fiscal Year 2019-20 for the City, Finance Authority, Municipal Financing Authority, Housing Authority and Successor Agency SUMMARY The Mayor and City Council are required to adopt a budget annually for each fiscal year for the City. In addition, they must also adopt budgets for the Financing Authority, Municipal Financing Authority, Housing Authority, and the Successor Agency to the Dissolved Community Development Commission, where they also sit as Board Members. Attached is the copy of the proposed budget for Fiscal Year 2019-20 and the resolutions which approve the adoption of the budget. The Capital Improvement Projects (CIP) proposed budget for fiscal year 2019-20 is not included and will be presented in a later date. RECOMMENDATION Staff recommends that Council open a public hearing, and following the public hearing, approve the Fiscal Year 2019-20 Budget for the City of Baldwin Park by Resolution No. 2019- 033, for the Finance Authority by Resolution No. FA 2019-001, for the Municipal Financing Authority by Resolution No. MFA 2019-001, for the Housing Authority by Resolution No. HA 2019-002, and for the Successor Agency by Resolution No. SA 2019-001. FISCAL IMPACT General Fund (100 Revenues $ 34,172,380 Expenditures $ 34,152,329 Surplus $ 20,051 Other Funds - Expenditures Future Development Fund $ 198,390 Community Enhancement Fund $ 68,498 Internal Service Funds $ 5,473,812 Special Revenue Funds $12,763,204 Finance Authority $ 4,900,299 Housing Authority $ 5,188,100 Successor Agency $ 3,130,382 Total Other Funds — Expenditures $31,722,685 TOTAL BUDGET (CITY-WIDE EXPENDITURES) BACKGROUND The Mayor and City Council must adopt a budget each fiscal year for the City and its respective Agency and Authorities to operate. The Chief Executive Officer and Director of Finance met initially with each member of the Executive Team and their managers/supervisors/assistants to review their departmental budgets and their various requests. From those meetings a proposed budget was assembled for the Mayor and City Council to review and consider. The emphasis for the coming budget year is "Strive for a Balanced General Fund Budget, Reduce Future Costs and Generate Long -Term Savings, and Seek New Revenue Streams." The objective of the budget presented is to balance the general budget and maintain a healthy fund balance to meet future rising costs including but not limited to CaIPERS pension obligations, retiree health benefits, general insurance costs, and COLA/CPI. The City will continue to promote increased productivity, encourage efficiency in the workplace, seek new revenues, and reinvest in the community. The City-wide total proposed budget for Fiscal Year 2019-20 is $65,875,014. The projected General Fund Reserve balance at the end of the fiscal year will be $6.83 million with a slight increase from proposed General Fund budget surplus of $20,051. The General Fund revenue is expected to increase by $2.93M. The increases are mainly from property tax in lieu of vehicle license fees, property tax, sales tax, transient occupancy tax, gain on sale of property, and mitigation fees from cannabis. The City's General Fund proposed expenditures are $34,152,239, an increase of $2.16M. In order to balance the General Fund budget, the City reduces costs in contractual services, equipment purchases, and other miscellaneous expenses. The main increase is $2.1 M transfer to the Community Enhancement Fund from the projected cannabis mitigation fees that are expected to be received. These funds will be set aside for programs to benefit the local community. Public safety continues to be the priority of the City. In this Budget, four (4) police officer positions were released that were previously frozen to reduce overtime. The City also filled the Code Enforcement Supervisor position as it has been vacant for some time and Code Enforcement will be the first line of inspection for Cannabis operations. These positions will enhance safety and benefit the community. The proposed budgets also include special events and programs to benefit the community and promote business. These special events and programs are Downtown Street Market, Concerts in the Park, Baldwin Park Now, Media Outreach, 4th of July Celebration. Christmas with the Cops, National Night Out, and Trick or Treat with the Cops will be funded from donations to the Police Department under Trust Fund 501 for a total estimated cost of $24,782. The City will continue to take a balanced and conservative approach in managing expenditures, as well as seeking other sources of revenue to maintain a healthy reserve amount for contingencies. Staff will continue to monitor appropriations and expenditures closely and will keep the Mayor and City Council apprised of any significant changes that will impact the budget. In the upcoming years, the City will continue to pursue additional revenues through economic development and other mechanisms. ALTERNATIVES In the event the budget is not adopted by July 1, 2019, staff is recommending that the City Council approve Continuing Appropriation Resolution Nos. 2019-033; FA 2019-001; MFA 2019-001; HA 2019-002; and SA 2019-001, which will allow the City to operate with the prior fiscal year's budget until a new budget is adopted. This will allow the City to continue providing vital services to the community but does not allow for spending for any new program, including new capital expenditures, until such time as a new budget is adopted by the City Council. LEGAL REVIEW This report and resolutions have been reviewed and approved by the City Attomey as to legal form and content. ATTACHMENTS 1. Fiscal Year 2019-20 Proposed Budget (Summary) and Projected Fund Balance. The completed proposed budget is available at the Finance Department and on the City's website 2. Budget Resolution Numbers: 2019-033; FA 2019-001; MFA 2019-001; HA 2019-002; and SA 2019-001 3. Continuing Appropriation Resolution Numbers: 2019-033; FA 2019-001; MFA 2019-001; HA 2019-002; and SA 2019-001 City of Baldwin Park Fiscal Year 2019-2020 Proposed Budget FY 2020 FY 2020 Proposed Proposed Surplus/ Fund Fund Description Revenues Expenditures (Deficit) General Fund: 100 General Fund* 200 Future Development Fund** 210 Community Enhancement Fund** Subtotal - General Fund Internal Services Funds: 401 Information and Support Services 402 Fleet Services 403 Internal Insurance Subtotal - Internal Services Funds Special (Restricted) Funds: 205 Federal Asset Forfeiture 206 State Asset Forfeiture 207 Local Law Enforcement Block Grant 208 Law Enforcement Development Impact 220 Community Development Block Grant 221 H.O.M.E. (Home Investment Partnership Program) 222 CAL Home 230 AB1693 Business Improvement Fees 231 Air Quality Management 234 Park Fees (Quimby Act) 235 General Plan Fees 236 Public Art Fees 240 Gasoline Tax 243 Bicycle and Pedestrian Safety 244 Proposition A 245 Proposition C 246 AB939 Integrated Waste Management 247 Oil Recycling Grant 249 Storm Drains NPDS 250 Assessment District 251 Street Lighting and Landscape 252 Parks Maintenance Assessment District 253 Proposition A - Parks 254 Measure R Local Return 255 Measure M 256 SB I Road Repair & Accountability 257 Traffic Mitigation Fees 260 Summer Lunch Program 270 Grants Fund 271 Police Grants Fund 280 Cooperative Agreements Contributions Subtotal Special Funds TOTAL GENERAL, INTERNAL SERV., & SPECIAL FUNDS: 34,172,380 34,152,329 20,051 60,000 198,390 (138,390) 2,106,000 68,498 2,037,502 $ 36,338,380 $ 34,419,217 $ 1,919,163 852,131 851,831 300 1,113,127 1,112,034 1,093 3,510,269 3,509,947 322 $ 5,475,527 $ 5,473,812 $ 1,715 500 0 500 1,000 0 1,000 100 0 100 40,000 0 40,000 1,030,832 1,027,377 3,455 1,246,573 1,221,721 24,852 500 0 500 132,500 116,710 15,790 98,400 119,268 (20,868) 310,000 2,500 307,500 120,000 151,313 (31,313) 78,000 0 78,000 1,907,111 1,798,612 108,500 55,767 0 55,767 1,718,548 1,937,848 (219,300) 1,291,293 1,076,987 214,306 351,000 380,616 (29,616) 20,000 20,000 0 60,200 96,870 (36,670) 12,630 0 12,630 1,796,600 1,649,163 147,437 908,570 908,570 0 128,179 128,179 0 967,074 834,918 132,156 1,095,499 995,092 100,407 1,272,643 113,068 1,159,575 12,600 15,000 (2,400) 17,395 17,395 0 853,000 30,000 823,000 102,000 122,000 (20,000) 400,000 0 400,000 $ 16,028,514 $ 12,763,204 $ 3,265,309 $ 57,842,420 $ 52,656,234 $ 5,186,187 City of Baldwin Park Fiscal Year 2019-2020 Proposed Budget FY 2020 FY 2020 Proposed Proposed Surplus/ Fund Fund Description Revenues Expenditures (Deficit) Financing Authority Funds: 601 Debt Service 610 COP Lease Payment 651 Pension Obligation Bond 2019 Subtotal Financing Authority Funds Successor Agency Funds: Capital Proiects 806 Sierra Vista Capital Project Subtotal Capital Projects Debt Service 838 BP Merged 2017 Refinance Subtotal Debt Service Low/Mod Housing 890 Low/Mod Income Housing Subtotal Low/Mod Housing TOTAL SUCCESSOR AGENCY FUNDS: Housing Authority: 901 Housing Voucher Choice 905 Public Housing 910 CLAP Subtotal Housing Authority Funds 460,838 460,738 100 590,681 590,681 0 3,848,880 3,848,880 0 $ 4,900,399 $ 4,900,299 $ 100 250,000 250,000 0 $ 250,000 $ 250,000 $ - 2,296,793 2,271,322 25,471 $ 2,296,793 $ 2,271,322 $ 25,471 150,500 609,059 (458,559) $ 150,500 $ 609,059 $ (458,559) $ 2,697,293 $ 3,130,382 $ (433,089) 5,017,456 5,086,563 (69,107) 81,751 79,214 2,537 22,322 22,322 0- $ 5,121,529 $ 5,188,100 $ (66,571) COMBINED GRAND TOTAL - ALL FUNDS $ 70,561,641 $ 65,875,014 $ 4,686,628 * The Projected General Fund Reserve Balance at June 30, 2020 is: $ 6,830,930 ** The Future Development Fund and Community Enhancement Fund were merged with the General Fund. However, these funds are committed for future / special projects pending City Council approval. City of Baldwin Park Fiscal Year 2019-2020 Projected Fund Balance Internal Services Funds: Projected 2020 2020 2020 2020 Proposed 852,131 Fund Balance Proposed Proposed Proposed Proposed Fund Balance Fund Fund Description 06/30/2019 Revenues Transfers In Expenditures Transfers Out 06/30/2020 General Fund: 0 0 0 0 90,777 Subtotal - Internal Services Funds $ (3,142,456) $ 5,475,527 $ 100 General Fund` 20,947,130 34,172,380 0 31,252,044 2,900,285 20,967,181 200 Future Development Fund" 5,856,572 60,000 0 198,390 0 5,718,181 210 Community Enhancement Fund`* 742,398 6,000 2,100,000 68,498 0 2,779,900 Subtotal - General Fund $ 27,546,100 $ 34,238,380 $ 2,100,000 $ 31,518,932 $ 2,900,285 $ 29,465,262 Internal Services Funds: 500 0 0 0 401 Information and Support Services (391,561) 852,131 0 851,831 0 (391,261) 402 Fleet Services (384,758) 1,113,127 0 1,112,034 0 (383,666) 403 Internal Insurance (2,456,914) 3,510,269 0 3,509,947 0 (2,456,592) 404 Capital Equipment 90,777 0 0 0 0 90,777 Subtotal - Internal Services Funds $ (3,142,456) $ 5,475,527 $ - $ 5,473,812 $ - $ (3,140,741) Special (Restricted) Funds: 205 Federal Asset Forfeiture 206 State Asset Forfeiture 207 Local Law Enforcement Block Grant 208 Law Enforcement Development Impact 220 Community Development Block Grant 221 H.O.M.E. (Home Investment Partnership Program) 222 CAL Home 223 Economic Development Act Revolving Loan 230 AB1693 Business Improvement Fees 231 Air Quality Management 234 Park Fees (Quimby Act) 235 General Plan Fees 236 Public Art Fees 240 Gasoline Tax 241 Surface Transportation Program 243 Bicycle and Pedestrian Safety 244 Proposition A 245 Proposition C 246 AB939 Integrated Waste Management 247 Oil Recycling Grant 249 Storm Drains NPDS 250 Assessment District 251 Street Lighting and Landscape 252 Parks Maintenance Assessment District 253 Proposition A - Parks 254 Measure R Local Return 255 Measure M 256 SB1 Road Repair & Accountability 257 Traffic Mitigation Fees 260 Summer Lunch Program 270 Grants Fund 271 Police Grants Fund 280 Cooperative Agreements Contributions 301 Building Reserve Subtotal Special Funds 0 500 0 0 0 500 54,000 1,000 0 0 0 55,000 14,899 100 0 0 0 14,999 128,600 40,000 0 0 0 168,600 (147,569) 1,030,832 0 566,639 460,738 (144,114) 412,884 1,246,573 0 1,221,721 0 437,736 16,627 500 0 0 0 17,127 524 0 0 0 0 524 (15,790) 132,500 0 116,710 0 0 121,108 98,400 0 119,268 0 100,240 1,714,855 310,000 0 2,500 0 2,022,355 1,003,897 120,000 0 151,313 0 972,584 10,350 78,000 0 0 0 88,350 41,404 1,907,111 0 1,798,612 0 149,904 (72,239) 0 0 0 0 (72,239) (60,400) 55,767 0 0 0 (4,633) 323,433 1,718,548 0 1,937,848 0 104,133 382,951 1,291,293 0 1,076,987 0 597,257 146,303 351,000 0 380,616 0 116,687 (812) 20,000 0 20,000 0 (812) 79,927 60,200 0 96,870 0 43,257 392,726 12,630 0 0 0 405,356 729,975 1,796,600 0 1,649,163 0 877,412 4,176 844,480 64,090 908,570 0 4,176 (128,601) 60 128,119 128,179 0 (128,601) (148,560) 967,074 0 834,918 0 (16,404) 442,405 1,095,499 0 995,092 0 542,813 1,164,993 1,272,643 0 113,068 0 2,324,569 62,675 12,600 0 15,000 0 60,275 0 0 17,395 17,395 0 0 (3,643,791) 853,000 0 30,000 0 (2,820,791) 22,747 102,000 0 122,000 0 2,747 (26,393) 400,000 0 0 0 373,607 9,655 0 0 0 0 9,655 $ 3,036,960 $ 15,818,910 $ 209,604 $ 12,302,466 $ 460,738 $ 6,302,269 TOTAL GENERAL, INTERNAL SRV & SPECIAL FUNDS: $ 27,440,604 $ 55,532,816 $ 2,309,604 $ 49,295,211 $ 3,361,023 $ 32,626,790 City of Baldwin Park Fiscal Year 2019-2020 Projected Fund Balance Fund Fund Description Projected Fund Balance 06/30/2019 2020 Proposed Revenues 2020 Proposed Transfers In 2020 Proposed Expenditures 2020 Proposed Transfers Out Proposed Fund Balance 06/30/2020 Financing Authority Funds: 838 BP Merged 2000 Refinance 0 2,296,793 0 2,021,322 601 Debt Service 13,713 100 460,738 460,738 0 13,813 610 COP Lease Payment (65,324) 0 590,681 590,681 0 (65,324) 625 Gas Tax Debt Service 8 0 0 0 0 8 635 BPFA/PM 2003 Tax Alloc 31,723 0 0 0 0 31,723 637 BPFA/CBD 1990 Refunding Loan 137 0 0 0 0 137 650 Pension Obligation Bond 12,829 0 0 0 0 12,829 651 Pension Obligation Bond 2019 0 3,848,880 0 3,848,880 0 0 Subtotal Financing Authority Funds $ (6,915) $ 3,848,980 $ 1,051,419 $ 4,900,299 $ - $ (6,814) Successor Agency Funds: Capital Projects 806 Sierra Vista Capital Project 1,789,074 0 250,000 250,000 0 1,789,073 Subtotal Capital Projects $ 1,789,074 $ - $ 250,000 $ 250,000 $ - $ 1,789,073 Debt Service 838 BP Merged 2000 Refinance 0 2,296,793 0 2,021,322 250,000 25,471 Subtotal Debt Service $ - $ 2,296,793 $ - $ 2,021,322 $ 250,000 $ 25,471 Low/Mod Housing 890 Low/Mod Income Housing 8,200,075 150,500 0 609,059 0 7,741,516 Subtotal Low/Mod Housing $ 8,200,075 $ 150,500 $ - $ 609,059 $ - $ 7,741,516 TOTAL SUCCESSOR AGENCY FUNDS: $ 9,989,148 $ 2,447,293 $ 250,000 $ 2,880,382 $ 250,000 $ 9,556,060 Housing Authority: 901 Housing Voucher Choice (193,298) 5,017,456 0 5,086,563 0 (262,405) 905 Public Housing 423,800 59,429 22,322 79,214 0 426,337 910 CLAP 0 22,322 0 0 22,322 0 Subtotal Housing Authority Funds $ 230,502 $ 5,099,207 $ 22,322 $ 5,165,778 $ 22,322 $ 163,932 COMBINED GRAND TOTAL - ALL FUNDS $ 37,653,340 $ 66,928,296 $ 3,633,345 $ 62,241,669 $ 3,633,345 $ 42,339,967 * The Projected General Fund Reserve Balance at June 30, 2020 is: $ 6,830,930 ** The Future Development Fund and Community Enhancement Fund were merged with the General Fund. However, these funds are committed for future / special projects pending City Council approval. RESOLUTION NO. 2019-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2019 AND ENDING JUNE 30, 2020 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. That the Budget for the City of Baldwin Park for the fiscal year commencing July 1, 2019 and ending June 30, 2020, is hereby adopted as prepared and submitted by the Chief Executive Officer and Director of Finance and as modified by the City Council for said fiscal year. A Budget is attached to this Resolution for adoption as presented. SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several departments, offices, and agencies for the respective objects and purposes therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable ordinances of the City and statutes of the State. SECTION 3. That the authority granted for making expenditures from other than the General Fund shall be limited to the actual amount of money received from the source of funds indicated in the Budget for each department, section, or purpose, and no liability upon the General Fund is assumed or can be imposed in excess of such amounts as may be provided therefore in this Budget from the General Fund. In the event that the amounts of money received and credited to the special funds exceed the amount herein estimated, such excess receipts shall be considered deferred allocations in such special funds, contingent upon such receipt and no expenditure thereof made except under the provisions as provided by law or ordinance. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner: (A) That at any meeting after adoption of the budget, total appropriations may be amended by the City Council by a majority vote of a quorum of the City Council. (B) For transfers of appropriations within the same cost center program, such transfers in an amount less than $10,000 may be approved by the department head, and such transfers up to $15,000 may be approved by the Chief Executive Officer. For amounts greater than $15,000, City Council approval is required. (C) Transfers up to $15,000 between cost center programs may be approved by the Chief Executive Officer. For amounts greater than $15,000, City Council approval is required. (D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund. (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations must be approved by the City Council by a majority vote of a quorum of the City Council. (F) All transfers made pursuant to the above provisions shall be submitted to the City Council for informational purposes. SECTION 5. That this Resolution shall become effective July 1, 2019. SECTION 6. That the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 19th day of June 2019. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK 1, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2019-033 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council on June 19, 2019, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: Jean M. Ayala CITY CLERK RESOLUTION NO. FA 2019-001 A RESOLUTION OF THE FINANCING AUTHORITY OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2019 AND ENDING JUNE 30, 2020 NOW THEREFORE, THE FINANCING AUTHORITY BOARD MEMBERS OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. That the Budget for the Financing Authority of the City of Baldwin Park for the fiscal year commencing July 1, 2019 and ending June 30, 2020, is hereby adopted as prepared and submitted by the Executive Director of the Financing Authority and as modified by the Authority Board for said fiscal year. A Budget is attached to this resolution for adoption as presented. SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several line items for the respective objects and purposed therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State. SECTION 3. That the authority granted for making expenditures shall be limited to the actual amount of money received from the sources of funds indicated in the Budget and no liability upon the Authority is assumed or can be imposed in excess of such amounts as may be provided therefore in the Budget. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner: (A) That at any meeting after adoption of the budget, total appropriations may be amended by the Board Members by a majority vote of a quorum of the Authority Board. (B) For transfers of appropriations within the same cost center program, such transfers up to $15,000 may be approved by the Executive Director. For amounts greater than $15,000, Authority Board approval is required. (C)Transfers up to $15,000 between line items may be approved by the Executive Director. For amounts greater than $15,000, Authority Board approval is required. (D)All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund. (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations must be approved by the Authority Board by a majority vote of a quorum of the Authority Board. (F) All transfers made pursuant to the above provisions shall be submitted to the Authority Board for informational purposes. SECTION 5. That this Resolution shall become effective July 1, 2019. SECTION 6. That the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 19th day of June 2019. MANUELLOZANO CHAIR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. FA 2019-001 was duly and regularly approved and adopted by the Members of the Financing Authority of the City of Baldwin Park at a regular meeting of the Financing Authority on June 19, 2019, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: JEAN M. AYALA CITY CLERK RESOLUTION NO. MFA 2019-001 A RESOLUTION OF THE MUNICIPAL FINANCING AUTHORITY OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2019 AND ENDING JUNE 30, 2020 THE MUNICIPAL FINANCING AUTHORITY BOARD MEMBERS OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. That the Budget for the Municipal Financing Authority of the City of Baldwin Park for the fiscal year commencing July 1, 2019 and ending June 30, 2020, is hereby adopted as prepared and submitted by the Executive Director of the Municipal Financing Authority and as modified by the Authority Board for said fiscal year. A Budget is attached to this resolution for adoption as presented. SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several line items for the respective objects and purposed therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State. SECTION 3. That the authority granted for making expenditures shall be limited to the actual amount of money received from the sources of funds indicated in the Budget and no liability upon the Authority is assumed or can be imposed in excess of such amounts as may be provided therefore in the Budget. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner: (A) That at any meeting after adoption of the budget, total appropriations may be amended by the Board Members by a majority vote of a quorum of the Authority Board. (B) For transfers of appropriations within the same cost center program, such transfers up to $15,000 may be approved by the Executive Director. For amounts greater than $15,000, Authority Board approval is required. (C)Transfers up to $15,000 between line items may be approved by the Executive Director. For amounts greater than $15,000, Authority Board approval is required. (D)All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund. (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations must be approved by the Authority Board by a majority vote of a quorum of the Authority Board. (F) All transfers made pursuant to the above provisions shall be submitted to the Authority Board for informational purposes. SECTION 5. That this Resolution shall become effective July 1, 2019. SECTION 6. That the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 19th day of June 2019. MANUEL LOZANO CHAIR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. MFA 2019-001 was duly and regularly approved and adopted by the Members of the Municipal Financing Authority of the City of Baldwin Park at a regular meeting of the Municipal Financing Authority on June 19, 2019, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: JEAN M. AYALA CITY CLERK RESOLUTION NO. HA 2019-002 A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2019 AND ENDING JUNE 30, 2020 THE HOUSING AUTHORITY BOARD MEMBERS OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. That the Budget for the Housing Authority of the City of Baldwin Park for the fiscal year commencing July 1, 2019 and ending June 30, 2020, is hereby adopted as prepared and submitted by the Executive Director of the Housing Authority and as modified by the Authority Board for said fiscal year. A Budget is attached to this resolution for adoption as presented. SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several line items for the respective objects and purposed therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State. SECTION 3. That the authority granted for making expenditures shall be limited to the actual amount of money received from the sources of funds indicated in the Budget and no liability upon the Authority is assumed or can be imposed in excess of such amounts as may be provided therefore in the Budget. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner: (A) That at any meeting after adoption of the budget, total appropriations may be amended by the Board Members by a majority vote of a quorum of the Authority Board. (B) For transfers of appropriations within the same cost center program, such transfers up to $15,000 may be approved by the Executive Director. For amounts greater than $15,000, Authority Board approval is required. (C)Transfers up to $15,000 between line items may be approved by the Executive Director. For amounts greater than $15,000, Authority Board approval is required. (D)AII transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund. (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations must be approved by the Authority Board by a majority vote of a quorum of the Authority Board. (F) All transfers made pursuant to the above provisions shall be submitted to the Authority Board for informational purposes. SECTION 5. That this Resolution shall become effective July 1, 2019. SECTION 6. That the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 19th day of June 2019. MANUELLOZANO CHAIR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. HA 2019-02 was duly and regularly approved and adopted by the Members of the Housing Authority of the City of Baldwin Park at a regular meeting of the Housing Authority on June 19, 2019, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: JEAN M. AYALA CITY CLERK RESOLUTION NO. SA 2019-001 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2019 AND ENDING JUNE 30, 2020 THE SUCCESSOR AGENCY BOARD MEMBERS OF THE CITY OF BALDWIN PARK DOES HEREBY AS RESOLVE AND ORDER AS FOLLOWS: SECTION 1. That the Budget for the Successor Agency of the City of Baldwin Park for the fiscal year commencing July 1, 2019 and ending June 30, 2020, is hereby adopted as prepared and submitted by the Executive Director of the Successor Agency and as modified by the Agency Board for said fiscal year. A Budget is attached to this resolution for adoption as presented. SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several line items for the respective objects and purposed therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State. SECTION 3. That the Authority granted for making expenditures shall be limited to the actual amount of money received from the sources of funds indicated in the Budget and no liability upon the Authority is assumed or can be imposed in excess of such amounts as may be provided therefore in the Budget. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner: (A) That at any meeting after adoption of the budget, total appropriations may be amended by the Board Members by a majority vote of a quorum of the Authority Board. (B) For transfers of appropriations within the same cost center program, such transfers up to $15,000 may be approved by the Executive Director. For amounts greater than $15,000, Authority Board approval is required. (C)Transfers up to $15,000 between line items may be approved by the Executive Director. For amounts greater than $15,000, Agency Board approval is required. (D)AII transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund. (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations must be approved by the Agency Board by a majority vote of a quorum of the Agency Board. (F) All transfers made pursuant to the above provisions shall be submitted to the Agency Board for informational purposes. SECTION 5. That this Resolution shall become effective July 1, 2019. SECTION 6. That the Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 19th day of June 2019. MANUEL LOZANO CHAIR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, JEAN M. AYALA, Secretary of the Successor Agency of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. SA 2019-001 was duly and regularly approved and adopted by the Members of the Successor Agency of the City of Baldwin Park at a regular meeting of the Successor Agency on June 19, 2020, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: JEAN M. AYALA SECRETARY RESOLUTION NO. 2019-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2018-19 BUDGET FOR FISCAL YEAR 2019-20 PENDING FINAL APPROVAL OF THE 2019-20 BUDGET WHEREAS, the City needs an operating budget to function financially, and WHEREAS, the City desires to continue making payments in a timely basis with proper authorization established, and WHEREAS, the City Council has a properly approved budget for fiscal year 2018- 19. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: Section 1. The City adopts as a temporary measure the fiscal year 2018-19 budget as its budget for fiscal year 2019-20. Section 2. The Chief Executive Officer is hereby directed and authorized to take any and all necessary actions to implement this budget. Section 3. The Mayor or presiding officer of the Baldwin Park City Council is hereby authorized to execute this resolution indicating its adoption by the City Council. Section 4. That this Resolution shall become effective retroactively as of July 1, 2019. Section 5. The City Clerk, or her duly appointed Deputy, is directed to attest thereto. PASSED, APPROVED AND ADOPTED on this 19th day of June 2019. Manuel Lozano, Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS. CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2019-033 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 19, 2019, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: JEAN M. AYALA CITY CLERK RESOLUTION NO. FA 2019-001 A RESOLUTION OF THE FINANCING AUTHORITY OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2018-19 BUDGET FOR FISCAL YEAR 2019-20 PENDING FINAL APPROVAL OF THE 2019-20 BUDGET WHEREAS, the Financing Authority needs an operating budget to function financially, and WHEREAS, the Financing Authority desires to continue making payments in a timely basis with proper authorization established, and WHEREAS, the Financing Authority has a properly approved budget for fiscal year 2018-19. NOW, THEREFORE BE IT RESOLVED BY THE FINANCING AUTHORITY OF THE CITY OF BALDWIN PARK DOES HEREBY AND ORDER AS FOLLOWS: Section 1. The Financing Authority adopts as a temporary measure the fiscal year 2018-19 budget as its budget for fiscal year 2019-20. Section 2. The Financing Authority Executive Director is hereby directed and authorized to take any and all necessary actions to implement this budget. Section 3. The Chair or presiding officer of the Financing Authority is hereby authorized to execute this resolution indicating its adoption by the Financing Authority. Section 4. The City Clerk, or her duly appointed Deputy, is directed to attest thereto. PASSED, APPROVED AND ADOPTED on this 19th day of June 2019. Manuel Lozano, Chair ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS. CITY OF BALDWIN PARK 1, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. FA 2019-001 was duly and regularly approved and adopted by the Financing Authority of the City of Baldwin Park at a regular meeting of the Financing Authority on June 19, 2019, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: JEAN M. AYALA CITY CLERK RESOLUTION NO. MFA 2019-001 A RESOLUTION OF THE MUNICIPAL FINANCING AUTHORITY OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2018-19 BUDGET FOR FISCAL YEAR 2019-20 PENDING FINAL APPROVAL OF THE 2019-20 BUDGET WHEREAS, the Municipal Financing Authority needs an operating budget to function financially, and WHEREAS, the Municipal Financing Authority desires to continue making payments in a timely basis with proper authorization established, and WHEREAS, the Municipal Financing Authority has a properly approved budget for fiscal year 2018-19. NOW THEREFORE THE MUNICIPAL FINANCING AUTHORITY OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: Section 1. The Municipal Financing Authority adopts as a temporary measure the fiscal year 2018-19 budget as its budget for fiscal year 2019-20. Section 2. The Municipal Financing Authority Executive Director is hereby directed and authorized to take any and all necessary actions to implement this budget. Section 3. The Chair or presiding officer of the Municipal Financing Authority is hereby authorized to execute this resolution indicating its adoption by the Municipal Financing Authority. Section 4. The City Clerk, or her duly appointed Deputy, is directed to attest thereto. PASSED, APPROVED AND ADOPTED on this 19th day of June 2019. Manuel Lozano, Chair ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS. CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. MFA 2019-001 was duly and regularly approved and adopted by the Municipal Financing Authority of the City of Baldwin Park at a regular meeting of the Municipal Financing Authority on June 19, 2019, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: JEAN M. AYALA CITY CLERK RESOLUTION NO. HA 2019-002 A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2018-19 BUDGET FOR FISCAL YEAR 2019-20 PENDING FINAL APPROVAL OF THE 2019-20 BUDGET WHEREAS, the Housing Authority needs an operating budget to function financially, and WHEREAS, the Housing Authority desires to continue making payments in a timely basis with proper authorization established, and WHEREAS, the Housing Authority has a properly approved budget for fiscal year 2018-19. NOW THEREFORE, THE HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: Section 1. The Housing Authority adopts as a temporary measure the fiscal year 2018-19 budget as its budget for fiscal year 2019-20. Section 2. The Housing Authority Executive Director is hereby directed and authorized to take any and all necessary actions to implement this budget. Section 3. The Chair or presiding officer of the Housing Authority is hereby authorized to execute this resolution indicating its adoption by the Housing Authority. Section 4. The City Clerk, or her duly appointed Deputy, is directed to attest thereto. PASSED, APPROVED AND ADOPTED on this 19th day of June 2019. Manuel Lozano, Chair ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS. CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. HA 2019-002 was duly and regularly approved and adopted by the Housing Authority of the City of Baldwin Park at a regular meeting of the Housing Authority on June 19, 2019, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: JEAN M. AYALA CITY CLERK RESOLUTION NO. SA 2019-001 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2018-19 BUDGET FOR FISCAL YEAR 2019-20 PENDING FINAL APPROVAL OF THE 2019-20 BUDGET WHEREAS, the Successor Agency needs an operating budget to function financially, and WHEREAS, the Successor Agency desires to continue making payments in a timely basis with proper authorization established, and WHEREAS, the Successor Agency has a properly approved budget for fiscal year 2018-19. NOW, THEREFORE THE SUCCESSOR AGENCY OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: Section 1. The Successor Agency adopts as a temporary measure the fiscal year 2018-19 budget as its budget for fiscal year 2019-20. Section 2. The Successor Agency Executive Director is hereby directed and authorized to take any and all necessary actions to implement this budget. Section 3. The Chair or presiding officer of the Successor Agency is hereby authorized to execute this resolution indicating its adoption by the Successor Agency. Section 4. The City Clerk, or her duly appointed Deputy, is directed to attest thereto. PASSED, APPROVED AND ADOPTED on this 19th day of June 2019. Manuel Lozano, Chair ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS. CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. SA 2019-001 was duly and regularly approved and adopted by the Successor Agency of the City of Baldwin Park at a regular meeting of the Successor Agency on June 19, 2019, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: JEAN M. AYALA CITY CLERK ITEM NO. 14 TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: June 19, 2019 _I SUBJECT: A Resolution of the City Council of the City of Baldwin Park Confirming the Advisory Committee's Report and Levying the Assessment in the Baldwin Park Citywide Business Improvement District for Fiscal Year 2019-20 SUMMARY The purpose of this staff report is for City Council to approve the Business Improvement Tax (BIT) budget and set the assessment rates for FY 2019-20. RECOMMENDATION Staff recommends that Council 1) Approve the FY 2019-20 BIT budget allocation; and 2) Approve Resolution No.2019-024, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CONFIRMING THE ADVISORY COMMITTEE'S REPORT AND LEVYING THE ASSESSMENT IN THE BALDWIN PARK CITYWIDE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2019-2020". FISCAL IMPACT Upon the final adoption of the recommended FY 2019-20 BIT budget and the approval of the resolution to levy the assessment, the City will be enabled to collect and fund the programs. This will result in a savings to the General Fund of approximately $116,700 depending on the collection and other revenues. BACKGROUND BIT Assessment In 1989, the City Council approved Ordinance 842 which established a City Business Improvement District (BID) that allows for an assessment (or surcharge) on each business license between 60 to 90 percent of the Business License Fees. The BIT was reduced to 50%. The full rate approved in Ordinance 842 was restored in 2017. The ordinance requires the Advisory Committee to recommend an annual budget; and State Law requires that a public hearing be held to adopt the resolution levying the assessment. The Ordinance indicates that the funds can be used only for the following purposes: 1) Decoration of any public place 2) Promotion of public events which are to take place in the City 3) Furnishing of music in any public place 4) The general promotion of business activities BIT Budget At the City Council Meeting on March 2, 2016, the City Council approved the designation of the Executive Team as the Business Improvement Advisory Committee. The Business Improvement Advisory Committee met on May 7, 2019 to discuss programs/projects for FY 2019-20 and the estimated cost and budget allocation. In attendance were the Chief Executive Officer, Director of Finance, Interim Police Chief, Director of Public Works, Director of Recreation and Community Services, Director of Community Development; and staff members from Recreation and Police. Listed below is the FY 2019-20 budget recommended by the Advisory Committee: BUSINESS IMPROVEMENT TAX BUDGET I Other Funding I Total Program Sources Cost Projected Fund Balance as of June 30, 2019 Projected Revenue from FY 2019-20 132,50Q„ Total Proiected Available Fund Balance for FY 2019-20 S 16 710 Program Cost: Downtown Street Market (a) 84,517 40,916 125,433 Concerts in the Park (b) 32,193' 72,550 104,743 Total Projected Expenditures for FY 2019-20 $ 116,710} $ 113,466 $ 230,176 Projected Surplus/(Deficit) as of June 30, 2020 (a) Staff cost from Public Works estimated at $27,410 will be funded with Gas Tax Fund and $13,506 from Police will be funded from General Fund. (b) Staff cost from Public Works estimated at $6,649 will be funded with Gas Tax Fund and $65,901 from Police will be funded from General Fund. ALTERNATIVES As an alternative, the City Council may opt to fund the programs in a different manner than recommended as alternatives given above. LEGAL REVIEW The City Attorney has reviewed and approved this report. ATTACHMENTS 1) Resolution No. 2019-024 RESOLUTION NO. 2019-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CONFIRMING THE ADVISORY COMMITTEE'S REPORT AND LEVYING THE ASSESSMENT IN THE BALDWIN PARK CITYWIDE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2019-2020 WHEREAS, the City Council has previously ordered the formation of the Citywide Business Improvement Area (the "Area") pursuant to the terms and provisions of the Parking and Business Improvement Area Law of 1979, which has been superseded and replaced by the Parking and Business improvements Area Law of 1989, being Part 6 of Division 18 of the Streets and Highway Code of the State of California (Section 36500 et seq.) (The "Law"); and WHEREAS, the City Council has appointed an Advisory Committee for the purpose of making recommendations to the City Council on the expenditure of revenue derived from the levy of assessments, on the classification of businesses, and of the method of basis of levying the assessments pursuant to the Law; and WHEREAS, the Advisory Committee, comprised of the Baldwin Park Executive Team has made recommendations for Fiscal Year 2019-20 for which assessments are to be collected to pay the costs of improvements and activities described in ATTACHMENT "A"; and WHEREAS, The City Council did give notice of the time and place for the public hearing on the question of the levy of the proposed assessment; and WHEREAS, at this time, the City Council has heard all testimony and evidence, and is desirous of proceeding with the levy of an annual assessment for said Area. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. The City Council hereby orders the programs and activities to be carried out as set forth in the Advisory Committee's recommendations in ATTACHMENT "A" and orders the annual levy to the Area as shown and set forth and described in said Report as Resolution of Intention. SECTION 3. The Assessment as set forth and contained in said Report is hereby confirmed and adopted. SECTION 4. The adoption of this Resolution constitutes the levy of the assessment for the Fiscal Year commencing July 1, 2019 and ending June 30, 2020. SECTION 5. The estimates of costs, the assessments, and all other matters as set forth in the Advisory Committee's Report pursuant to the Law, are hereby approved and adopted by the City Council and hereby confirmed. SECTION 6. Written protests were not received from the owners of businesses in the area which will pay the assessments indicated in Ordinance No. 842. SECTION 7. A copy of the Advisory Committee's Report and the system of charges, including the classifications of businesses and the amount of the annual charges shall be filed in the Office of the City Clerk and open for public inspection. PASSED, APPROVED, AND ADOPTED this 19th day of June, 2019. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2019-024 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 19, 2019 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK City of Baldwin Park CITYWIDE BUSINESS IMPROVEMENT FEES FISCAL YEAR 2019-20 BUSINESS IMPROVEMENT ADVISORY COMMITTEE'S REPORT Method and Basis for Lew of Assessment Area assessments are based upon a percentage of the regular business license tax. The percentage differs by the Class of business and relates to the benefit each class derives from the improvements and activities in the area. The assessments are listed below: based on ordinance No. 842: Class A Business 60% * Class B Business 75% * Class C Business 90% * A full description of the types of business in each class and certain except businesses are provided in Ordinance No. 842 (Attached). No annual charge levied in accordance with this assessment shall exceed $450. * The assessment rates remain unchanged from prior year. Business Improvement Fees Activities for Fiscal Year 2019-20 BUSINESS IMPROVEMENT TAX BUDGET I Other Funding I Total Program) Sources cost IProiected Fund Balance as of June 30.2019 1 411 1 I Projected Revenue from FY 2019-20 132,5W Total Projected Available Fund Balance for FY 2019-20'21Ei` Proerarn Cost: Downtown Street Market (a) :945,17,i 40,9161 125,433 Concerts in the Park (b) _32.193 ! 72.550 104.743 ?s for FY 2019-20 as of lune 30, 2020 (a) Staff cost from Public Works estimated at $27,410 will be funded with Gas Tax Fund and $13,506 from Police will be funded from General Fund. (b) Staff cost from Public Works estimated at $6,649 will be funded with Gas Tax Fund and $65,901 from Police will be funded from General Fund. ATTACHMENT "A" STAFF REPORT ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: June 19, 2019 SUBJECT: Public Hearing and Adoption of Resolution No. 2019-026, Ordering the Assessments for the Citywide Landscaping and Lighting Maintenance Assessment District for FY2019-2020. SUMMARY The Purpose of this report is to outline the required Public Hearing and subsequent adoption of a resolution ordering the annual levy and collection of assessments related to the Citywide Landscaping and Lighting Maintenance District, FY2019-2020 (Fund #251). RECOMMENDATION Staff recommends that Council: Hold a Public Hearing, and after considering testimony, adopt Resolution No. 2019-026, entitled "A Resolution of The City Council of The City of Baldwin Park, California, Ordering the Annual Levy and Collection of Assessment Associated with Citywide Landscaping and Lighting Maintenance Assessment District for FY2019-2020, and Authorizing the Los Angeles County Assessor to Add this Special Assessment to the Property Tax Bills." FISCAL IMPACT The District's anticipated revenue and expenditures were estimated at the time of the preparation of the Engineer's Report and presented to the City Council and subsequently approved on April 17, 2019. BACKGROUND Over the last decade, the District has been utilized to cover the costs of providing maintenance and improvements to the street lighting, traffic signal, and landscaping operations within the public right-of- way. The typical assessment has remained for over 17 years. On April 17, 2019, the City Council adopted Resolution No. 2019-011 which approved the Engineer's Report for the LLMD, declared its intent to levy and collect assessments, and set a date and time for the public hearing as June 5, 2019. However, due to a lack of quorum the meeting was canceled and moved to June 19, 2019. The Public Hearing notice was re -posted as required. ALTERNATIVES None LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2019-026 2. Public Hearing Notice Attachment 1 Resolution No. 2019-026 RESOLUTION NO. 2019-026 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY2019-2020, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS. WHEREAS, the City Council has previously ordered the formation of LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT No. 2007-1 (hereinafter referred to as the "DISTRICT") pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972" being Part 2 of Division 15, of the California Streets and Highway Code; and WHEREAS, the City Council has adopted Resolution No. 2019-011 approving the Engineer's Report pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code and Article XIIID of the State Constitution, declaring its intention to order the annual levy and collection of assessments, and giving notice of the time and place for a Public Hearing on the questions of the levy of the proposed assessments; and WHEREAS, the City Council has heard all testimony and evidence, and is desirous of proceeding with the levy of annual assessments for the District. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the City Council hereby orders the maintenance work performed on the District as set forth in the Engineer's Report for FY2019-2020, and orders the annual levy and collection of assessment of the District as shown and set forth and described in said report and declaration of intention. SECTION 3. That the adoption of this Resolution constitutes the levy of the assessments for the fiscal year commencing July 1, 2019 and ending June 30, 2020. SECTION 4. That the Los Angeles County Assessor, which collects assessments on the City's behalf, shall enter on the Assessment Roll the amount of the assessments, and said assessments shall be collected and the net amount of the assessments shall be paid to the City Treasurer of the City of Baldwin Park. SECTION 5. That the City Treasurer has established a special fund known as the "CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING DISTRICT FUND" into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution. SECTION 6. That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer and a certified copy of the diagram and assessment roll filed with the Los Angeles County Assessor, together with a certified copy of this resolution upon its adoption. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 19th day of June 2019 MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2019-026 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 19, 2019 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK Attachment 2 Public Hearing Notice �=`CHUB OF ,,THE", ��. SAN �GA I E L AL �'D JANVP'� NOTICE OF PUBLIC HEARING Notice Is Hereby Given that the City Council of the City of Baldwin Park will conduct a Public Hearing during a regularly scheduled City Council Meeting of Wednesday, June 19, 2019 at 7:00 p.m. in the City Council Chamber, located at 14403 E. Pacific Avenue, Baldwin Park, CA 91706 to consider the following hearing before the City Council: In reference to the levy and collection of the annual assessments for the FY 2019-2020, continued maintenance of public facilities specifically 1) the area within the City of Baldwin Park Citywide Park Maintenance Assessment District; and 2) The area within City of Baldwin Park Landscaping and Lighting District; all to serve the benefit of said District, which was previously approved by the City Council. All persons are invited to attend said hearing and express their views on this matter. Any member unable to attend the public hearing, must submit comments in writing and must delivered such comments to the City Clerk's Office during regular business hours at least two hours prior to the scheduled hearing date. For information, please contact John Beshay, Engineering Manager, at (626) 813-5255. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park, hereby certify that the Notice of Public Hearing was posted at the City Hall bulletin board and I declare under penalty of perjury that the foregoing is true and correct. Executed on June 6, 2019 in the City of Baldwin Park, California. Lourdes Morales, Chief Deputy City Clerk STAFF REPORT ITEM NO 6Z TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Work DATE: June 19, 2019 SUBJECT: Public Hearing and Adoption of Resolution No. 2019-027, Ordering the Assessments for the Citywide Park Maintenance District for FY2019-2020 SUMMARY The Purpose of this report is to outline the required Public Hearing and subsequent adoption of a resolution ordering the annual levy and collection of assessments related to the Citywide Park Maintenance Assessment District (Fund #252) for FY2019-2020. RECOMMENDATION Staff recommends that Council: Hold a Public Hearing and after considering testimony, adopt Resolution No. 2019-027 entitled "A Resolution of The City Council of The City of Baldwin Park, California, Ordering the Annual Levy and Collection of Assessment Associated with the Citywide Park Maintenance Assessment District for FY2019-2020, and Authorizing the Los Angeles County Assessor to Add this Special Assessment to the Property Tax Bills." FISCAL IMPACT The District's anticipated revenue and expenditures were estimated at the time of the preparation of the Engineer's Report and presented to the City Council and subsequently approved on April 17, 2019. PMD revenue for FY2019-2020 is anticipated to include an estimated $64,090 from a General Fund Transfer. The General Fund Transfer is needed to cover the District shortfall and is included in the FY2019-2020 Budget. BACKGROUND The purpose of the Citywide Park Maintenance Assessment District is to serve as mechanism for the financing of operations and maintenance associated with City Parks. It is recommended that the City continue these parks maintenance programs, and fund them through special assessments provided by the PMD. In 1996, City of Baldwin Park property owner's approved the formation of a Park Maintenance Assessment District to financially support these programs, and the PMD's formation was established in conformance with proposition 218. On April 17, 2019, the City Council adopted Resolution No. 2019-012 which approved the Engineer's Report for the PMD, declared its intent to levy and collect assessments, and set a date and time for the public hearing as June 5, 2019. However, due to a lack of quorum the meeting was canceled and moved to June 19, 2019. The Public Hearing notice was re -posted as required. ALTERNATIVES None LEGAL REVIEW This report has been reviewed and approved by City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2019-027 2. Public Hearing Notice Attachment 1 Resolution No. 2019-027 RESOLUTION NO. 2019-027 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY2019-2020, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS. WHEREAS, the City Council has previously ordered the formation of PARK MAINTENANCE ASSESSMENT DISTRICT FY2019-2020 (hereinafter referred to as the "DISTRICT") pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972" being Part 2 of Division 15, of the California Streets and Highway Code; and WHEREAS, the City Council has adopted Resolution No. 2019-012 approving the Engineer's Report pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code and Article XIIID of the State Constitution, declaring its intention to order the annual levy and collection of assessments, and giving notice of the time and place for a Public Hearing on the questions of the levy of the proposed assessments; and WHEREAS, the City Council has heard all testimony and evidence, and is desirous of proceeding with the levy of annual assessments for the District. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the City Council hereby orders the maintenance work performed on the District as set forth in the Engineer's Report for FY2019-2020, and orders the annual levy and collection of assessment of the District as shown and set forth and described in said report and declaration of intention. SECTION 3. That the adoption of this Resolution constitutes the levy of the assessments for the fiscal year commencing July 1, 2019 and ending June 30, 2020. SECTION 4. That the Los Angeles County Assessor, which collects assessments on the City's behalf, shall enter on the Assessment Roll the amount of the assessments, and said assessments shall be collected and the net amount of the assessments shall be paid to the City Treasurer of the City of Baldwin Park. SECTION 5. That the City Treasurer has established a special fund known as the "CITY OF BALDWIN PARK CITYWIDE MAINTENANCE DISTRICT FUND" into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution. SECTION 6. That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer and a certified copy of the diagram and assessment roll filed with the Los Angeles County Assessor, together with a certified copy of this resolution upon its adoption. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 19th day of June 2019 MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2019-027 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 19, 2019 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK Attachment 2 Public Hearing Notice 42-1, HUOF V- 19K SAN' G REL A E �D JAPNp'� NOTICE OF PUBLIC HEARING Notice is Hereby Given that the City Council of the City of Baldwin Park will conduct a Public Hearing during a regularly scheduled City Council Meeting of Wednesday, June 19, 2019 at 7:00 p.m. in the City Council Chamber, located at 14403 E. Pacific Avenue, Baldwin Park, CA 91706 to consider the following hearing before the City Council: In reference to the levy and collection of the annual assessments for the FY 2019-2020, continued maintenance of public facilities specifically 1) the area within the City of Baldwin Park Citywide Park Maintenance Assessment District; and 2) The area within City of Baldwin Park Landscaping and Lighting District; all to serve the benefit of said District, which was previously approved by the City Council. All persons are invited to attend said hearing and express their views on this matter. Any member unable to attend the public hearing, must submit comments in writing and must delivered such comments to the City Clerk's Office during regular business hours at least two hours prior to the scheduled hearing date. For information, please contact John Beshay, Engineering Manager, at (626) 813-5255. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park, hereby certify that the Notice of Public Hearing was posted at the City Hall bulletin board and I declare under penalty of perjury that the foregoing is true and correct. Executed on June 6, 2019 in the City of Baldwin Park, California. 4M44 Lourdes Morales, Chief Deputy City Clerk STAFF REPORT SUMMARY ITEM NO. d2 2, TO: Honorable Mayor and Members of the City Council FROM: Benjamin Martinez, Director of Community Development DATE: June 19, 2019 SUBJECT: Fiscal Year 2019-2020 Community Development Block Grant (CDBG) and HOME Investment Partnership Fund (HOME) Annual Action Plan The purpose of this report is to request that the City Council hold the second of two required public hearings and consider the funding allocations for the FY 2019-2020 CDBG and HOME programs to be included in the Community Development Block Grant (CDBG) and HOME Investment Partnership Fund (HOME) FY 2019-2020 Annual Action Plan. The first public hearing was held on March 20, 2019. RECOMMENDATION Staff recommends that the City Council conduct the public hearing and approve the CDBG and HOME FY 2019-2020 Annual Action Plan, including all FY 2019-2020 CDBG and HOME programs and project funding. FISCAL IMPACT At the time of the first public hearing in April, HUD had not yet announced the City's funding allocations. The actual allocations are now available and the City's portion has been reduced from last year's allocation by $28,779 for CDBG and by $34,630 for HOME. Last year, the City received $999,611 in CDBG and $322,031 in HOME. This year, the City will receive $970,832 in CDBG and $287,401 in HOME. Once the year end FY 2018-2019 Consolidated Annual Performance and Evaluation Report (CAPER) is completed, any unexpended CDBG and HOME funds remaining can be reallocated to FY 2019-2020 projects through the Mid -Year budget and/or a substantial amendment process. The CAPER is due to HUD by Sept 28th of each year. BACKGROUND At their regular meeting on March 20, 2019, the City Council held a public hearing at which time public service applicants gave brief presentations regarding their agency and the services offered. The City Council then continued the item to April 3, 2019, at which time the program allocations were approved. Pursuant to Housing and Urban Development (HUD) regulations, the City prepared its five-year strategy designed to address the housing and community needs of extremely low, low and moderate - income households. The current Five Year Consolidated Plan covers fiscal years 2015-2019. The City must also prepare and submit an Annual Action Plan each year within the five year plan to identify the actual projects implemented and funding allocated to address the needs identified in the Five Year Plan. The final Annual Plan for FY 2019-2020, was due to HUD on June 11, 2019. This is 60 days after HUD announced the funding allocations. The City contacted HUD to advise them that the City Council would consider this agenda item at their June 19, 2019 City Council Meeting (eight days after the June 11th due date). HUD advised the City to submit their annual budget as soon as possible after the June 19th meeting. ,.z S� DISCUSSION Included in the process of preparing its Annual Plans, HUD requires the City to encourage citizen participation by holding community meetings and two public hearings. To ensure compliance with this requirement, several years ago, the City established the CDBG Advisory Committee comprised of the City's Housing Commission and Recreation and Community Services Commission. The CDBG Advisory Committee's function is to review applications for funding and make recommendations to the City Council. Unfortunately, at this time, the CDBG Advisory Committee does not have a quorum due to lack of Commissioners in both the Housing and Recreation and Community Service Commissions. However, staff continued to hold the required community meetings inviting remaining members of the CDBG Advisory Committee, community stakeholders and the public. No comments were received. The first public hearing provided the City Council the opportunity to receive public comments regarding the Annual Plan. It also provided public service applicants the opportunity to make presentations regarding their services and benefits to our residents. Once again, the City anticipates $970,832 in CDBG funds and $287,401 in HOME entitlement funds. The City is also estimating about $5,000 for CDBG projected program income and $20,000 for HOME. The total CDBG and HOME funding for FY 2019-2020 is as follows: MM 7FY!!2!!O!19-2020 Entitlement $ 970,832 $ 287,401 $1,258,233 timated Program Income $ 5,0001 $ 20,0001 $ 25,000 Unexpended Prior Year Funds $ 50,000 $ 916,172 $ 966,172 Estimated Total Funds Available $ 1,025,832 $1,223,573 $2,249,405 FUNDING RECOMMENDATIONS Economic Development Programs - Section 108 Loan Repayment The Section 108 Loan has the greatest CDBG funding allocation for the next three years. During the 2005-2006 Program Year, the City utilized a $3 million Section 108 Loan program to support an economic development project that included the Super Walmart Department store and other commercial businesses. The Section 108 Loan project is considered a CDBG economic development project that created employment opportunities to over 320 low -and moderate -income individuals. The Section 108 loan was provided to the City under an agreement it be repaid with future CDBG funds. In 2015, the City refinanced the Section 108 Loan interest and reduced the annual payment. The amortization schedule reflects the City's loan to be paid in full by August 1, 2021 with payments fixed as follows. To remain in compliance with its loan agreement, the City cannot reduce the amount allocated to the Section 108 Loan repayment. Therefore, the City had to reduce the expectations and allocations to other CDBG programs, for now through FY 2021-2022, when the Section 108 Loan will be paid in full. Public Service Programs Of the CDBG total amount, up to 15% may be allocated to public service programs, which equates to $145,625. Fortunately, the allocations previously approved by City Council in April 2019 still remained in compliance with the reduced FY 2019-2020 CDBG allocation and lessor public service maximum amount (with the exception of $25.00, reduced from the YWCA allocation). Therefore, the total CDBG and HOME funding available for FY 2019-2020 approved by City Council on April 3, 2019 remain as follows: *Indicates City of Baldwin Park Administered Program Administration Each year, the City may allocate a maximum of 20% of the annual CDBG entitlement allocation towards administration and planning. This includes staff costs and operating expense for the overall administration of the CDBG program and a portion for the required Fair Housing Services. This year's maximum equates to $194,166. Staff understands it is not very feasible to expect the Housing Rights Center to provide the HUD required fair housing services to our residents with an allocation of only $2,500. Therefore, the Baldwin Park Housing Authority, which regularly partners with the Housing Rights Center, also provides funding to meet the fair housing needs of our residents. C r o $12,500 Approved :� $1a,000ti 0 Church of the Redeemer Food Bank $10,000 *Domestic Violence Advocate $25,000 $30,000 ..$25,00 0 ESGV Coalition for the Homeless $10,000 $10,000 . z $-1 .000 0 k *Family Service Center $25,000 $25,000 0 *Graffiti Removal $30,000 $40,000 Q 0 0 *Pride Program (BPPD) $20,000 $39,981 � +SZ 0 0 u�... *Recreation/Sports Scholarship $3,500 $3,500 ';A& f ;300 0 Santa Anita Family Services $5,000 No Request R $5,000 St. Johns Church Social Services $2,150 $2,150 .. $15 0 *Youth Employment $15,000 $18,000�"� �$� 0 0 YWCA of San Gabriel Valley NEW PROGRAM $10,000 41 W$i $4,975 Y TOTALS $145,650 $191,131'[4562 *Indicates City of Baldwin Park Administered Program Administration Each year, the City may allocate a maximum of 20% of the annual CDBG entitlement allocation towards administration and planning. This includes staff costs and operating expense for the overall administration of the CDBG program and a portion for the required Fair Housing Services. This year's maximum equates to $194,166. Staff understands it is not very feasible to expect the Housing Rights Center to provide the HUD required fair housing services to our residents with an allocation of only $2,500. Therefore, the Baldwin Park Housing Authority, which regularly partners with the Housing Rights Center, also provides funding to meet the fair housing needs of our residents. Capital Improvement Projects There are no CDBG funds proposed for Capital Improvement projects. The City will proceed with FY 2019-2020 Capital Improvements projects using other source of funds. Housing Programs Pursuant to CDBG regulations, housing programs are required to create or maintain decent affordable housing for low-income areas and residents. The City's CDBG Housing programs include homeowner rehabilitation grants offered to the extremely -low to low-income households with a preference to the elderly and disabled. The proposed funding level of $20,000 to the Residential Home Rehabilitation Grant program provides for at least two grants. Also included is the lead testing program, which HUD requires for all CDBG and HOME rehabilitation projects. The Rehabilitation Administration program provides for the inspections, loan underwriting and all other operating cost of rehabilitation projects, including the annual monitoring of HOME funded development projects such as ROEM Metro Village, TELACU, and the City's CHDO affordable housing projects. The Code Enforcement Department provides for code activities in distress neighborhoods in conjunction with other neighborhood enhance programs. HOME Funds HOME funds are much more restrictive than CDBG funds. The projects are limited to affordable housing projects. Proposed FY 2019-2020 HOME fund projects are as follows: 1) Administration - 10% maximum allowed for planning and administration plus 10% of program income received in previous years. 2) Community Housing Development Organization (CHDO) Program—HUD requires 15% of the annual allocation to implement an eligible CHDO activity; The City currently has two successful partnerships with CHDO organizations for affordable rental projects. Staff continually seeks opportunities for new affordable housing CHDO projects. Under consideration is subsidizing the CHDO HOME funds with remaining Housing Set aside funds for additional acquisition/rehab/multifamily rental affordable housing project. Once a project has been identified, details will be presented to the City Council for final approval. 3) Housing Development — This project is proposed for use in conjunction with a CHDO if possible, but not as a requirement for the development of new affordable housing units. Once a developer is identified, a proposed project will be brought before the City Council for review, direction and approval. 4) Residential Rehabilitation Loan Program — Project provides low-income property owners of owner -occupied properties loans to rehabilitate their properties and ensure compliance with all local, state and federal building and safety codes. Proposed funding provides for 4 loans. 5) Lead Abatement Grant Program — Required by HUD Regulation for all properties participating in rehabilitation programs. As a reminder, HOME funds must be committed to a project within two years from the date of funding to the City and expended in five years. If these requirements are not met, funds become at risk of recapture from HUD. Staff continues to make every effort to avoid recapture, however, factors such as the current housing market, lack of available additional funding resources and the stringent HOME requirements sometimes make it difficult to implement successful projects. Unfortunately, the recapture regulation is statutory and cannot be waived nor are extensions provided. Public Review Pursuant to the City's Citizen Participation Plan, the City held its two required public hearings during the preparation of the subject plans. The draft Plans were available for public review for the 30 -day comment period at City Hall, 3rd floor and the public library commencing May 2, 2019 , concluding at on June 5t". However, all comments received during the final public hearing on June 19, 2019 will be considered and added to the Citizen Comment's section of the Consolidated Plan. ENVIRONMENTAL IMPACT Although the approval of the funding allocations under the Annual Plan is not subject to review under the California Environmental Quality Act (CEQA) Guidelines, each CDBG and HOME funded project does require an Environmental Review, which will be completed prior to implementation of the program. LEGAL REVIEW Legal review is not required for the approval of this Plan. ALTERNATIVE City Council may direct staff with a desired alternative. ATTACHMENTS 1. FY 2019-2020 CDBG and HOME Annual Plan ATTACHMENT 1 FY 2019-2020 C D BG/HOME ANNUAL ACTION PLAN CITY OF BALDWIN PARK FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN JUNE 2019 Prepared by: Baldwin Park Community Development Department 14403 E. Pacific Avenue, Baldwin Park, CA 91706 (626) 960-4011 Executive Summary AP -05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction The City of Baldwin Park has prepared the 2015-2019 Consolidated Plan as a requirement to receive Federal Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds. The Consolidated Plan provided the U.S. Department of Housing and Urban Development (HUD) with a comprehensive assessment of the City's housing and community development needs and outlines the City's priorities, objectives and strategies for the investment of CDBG and HOME funds to address these needs over the next five years, beginning July 1, 2015 and ending June 30, 2020. The 2019-2020Action Plan for the period starting on July 1, 2019 and ending on June 30, 2020 represents the fourth year in that five-year plan. These grant programs are consistent with HUD's national strategy to provide decent housing opportunities, a suitable living environment and economic opportunities, particularly for low- and moderate -income persons. The City receives CDBG and HOME funds from HUD on a formula basis each year, and in turn, awards grants and loans to nonprofit, for-profit or public organizations for programs and projects in furtherance of this Plan. The CDBG and HOME programs generally provide for a wide range of eligible activities for the benefit of low- and moderate -income residents, as discussed below. Community Development Block Grant (CDBG) The Housing and Community Development Act of 1974 created the CDBG Program with three primary objectives against which HUD evaluates the Consolidated Plan and the City's performance under the Plan. Those primary objectives are decent housing, suitable living environments, and expanded economic opportunities for low- and moderate -income persons. The CDBG regulations require that each activity meet one of the following national objectives: • Benefit low- and moderate -income persons; Aid in the prevention or elimination of slums and blight; or Meet other community development needs having a particular urgency (usually the result of a natural disaster). Each year, the City certifies with the submission of its Annual Action Plan that it has given maximum feasible priority to activities, which meet the first and second objectives above. Additionally, the City Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) certifies that no less than 70 percent of the CDBG funds received, over a three-year certification period, will be designed to benefit low- and moderate -income persons. Home Investment Partnerships Program (HOME) The Cranston -Gonzalez National Affordable Housing Act of 1990 created the HOME program to expand the supply of affordable housing for low- and moderate -income households. Often used in partnership with local nonprofit housing development organizations, the HOME program can support a wide range of affordable housing activities, including building, buying, and/or rehabilitating rental and ownership housing or providing direct rental assistance to low- and moderate -income people. For the 2019-2020 program year, the City will receive $970,832 of CDBG funds from the HUD for use in the implementation of eligible CDBG activities. The City currently has an additional $50,000 of prior year funds that have not been allocated to a prior year activity and is estimating $5000 in Program Income. These funds will be added to the current year's allocation for a total of $1,025,832 in new CDBG activities. For the 2019-2020 program year, the City will receive $287,401 of HOME funds from HUD for the use in the implementation of eligible HOME activities. The City currently has an additional $20,000 in program income and $916,172 in prior year funds that have not been allocated to a prior year activity. Both, the program income and unallocated funds will be added to the current year's allocation for a total of $1,223,573 in new HOME activities. 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. HUD's Community Planning and Development (CPD) Outcome Performance Measurement Framework classifies objectives in three categories: decent housing, a suitable living environment, and economic opportunity. Based on the Needs Assessment and Market Analysis described in the Five -Year Consolidated Plan, the Strategic Plan identifies eight high priority needs to be addressed through the implementation of activities aligned with eight Strategic Plan goals. In consideration of community input and available data, the seven priority needs listed below are established as part of the Plan: • Expand the supply of affordable housing • Preserve the supply of affordable housing • Ensure equal access to housing opportunities • Provide neighborhood services, community facilities and infrastructure improvements Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 2 • Provide public services for low-income residents • Provide public services for residents with special needs • Prevent and eliminate homelessness The following eight goals are identified in the Strategic Plan: • Affordable Rental Housing Development • Housing Preservation • New Homebuyer Assistance • Fair Housing Services • Neighborhood Services • Public Services for Low- and Moderate -Income Residents Including Those with Special Needs • Homeless Prevention Services • Community Facilities and Infrastructure Improvements The following goals have been established for the 2019-2020 program year utilizing CDBG and HOME funds: • Provide fair housing services to 100 people • Provide sustainability of decent housing through rehabilitating 4 housing units and conducting 6 lead-based paint testing and abatement • Enhance low- and moderate -income neighborhoods by inspecting 1500 housing units through code enforcement • Decrease crime in communities by aiding at risk youth programs, community policing, and neighborhood watch programs assisting 250 people • Support continuum of services to end homeless by funding transitional housing and outreach, case management, and referral services to 200 people • Provide recreation subsidy programs to assist 80 youth • Provide employment programs to assist 10 youth • Provide general services to 225 seniors • Help provide services to persons with special needs to include battered and abused spousal programs, meal programs, and case management services to 3148 people • Provide funding for graffiti removal for 6 public facilities used by thousands each year. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 3 The City is currently implementing the projects and activities included in the 2018-2019 Action Plan. As of this writing, all projects and activities are underway. The following was accomplished In FY 2017- 2018: • Provide fair housing services to 75 residents • Provide sports and recreational scholarships to 45 lower income young persons • Create part-time jobs for, 5 young persons • Provide various social services to 95 seniors • Provide anger management and behavioral counseling to 15 lower income persons • Provide support to a food bank that served 2,512 lower income persons in need • Provide emergency services in 250 domestic violence cases • Provide a variety of socia') services to 480 persons • Provide behavioral improvement program for 25 at risk youth. • Provide a variety of services to 261 homeless persons and those at -risk of being homeless • Remove graffiti from four parks. • Provide code enforcement in 1,651 cases • Completed a prior year rehabilitation of one owner -occupied housing units. • Satisfy its requirement to repay the Section 108 loan (principal and interest) used during the development of the WalMart Center in 2003. While the City and local partners were able to successfully implement the activities listed above during the last five years, there were insufficient resources to fully address the level of need identified in the last Consolidated Plan. Starting in July 2015, the City initiated its current five-year Consolidated Plan cycle. Similar accomplishments are expected as described above. The State of California's June 2011 passage of AB1X2, and subsequent court decisions and clarifying legislation, to eliminate Redevelopment Agencies—a substantial funding source for housing, community and economic development programs in California—significantly curtailed the City's ability to implement activities that benefit low- and moderate -income residents. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. Subsequent to the enactment of the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009, HUD revised the Consolidated Plan regulations at 24 CFR Part 91 to emphasize the importance of citizen participation and consultation in the development of the Consolidated Plan. HUD strengthened the consultation process with requirements for consultation with the CoC, Public Housing Authorities (PHA), business leaders, civic leaders, and public or private agencies that address housing, health, social service, victim services, employment, or education needs of low-income individuals and families, homeless individuals and families, youth and/or other persons with special Annual Action Plan 4 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) needs. Together with the analytic capabilities of the eCon Plan Suite, these requirements created the conditions necessary to implement a collaborative, data -driven and place -based planning process that includes a robust level of citizen participation and consultation. In accordance with the City's adapted Citizen Participation Plan, the City facilitated citizen participation through surveys, community meetings and public hearings. Efforts were made to encourage participation by low- and moderate -income persons, particularly those living in slum and blighted areas and in areas where HUD funds are proposed to be used, and by residents of predominantly low- and moderate -income neighborhoods. The City also made efforts to encourage the participation of minorities and non-English speaking persons, as well as persons with disabilities. The consultation process included representatives of the CoC, PHA, and other specified groups who completed surveys, provided local data and assisted the City to ensure practical coordination of strategies to maximize impact and to avoid duplication of effort. The Citizen Participation process during the preparation of this Annual Plan included two community meetings and two public hearings. S. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Coin Plan. This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. Two community meetings to discuss the housing and community development needs in Baldwin Park were held on December 6, 2018 and February 7, 2019 at the City Hall Council Chambers. A public hearing to receive comments on the housing and community development needs in the community was held in the City Council Chamber on March 6, 2019. Public service agencies requesting funds made presentations to the City Council', regarding their programs and services. No other comments were received. The draft Action Plan was available for public review and comment from May 1, 2019 to June 5, 2019. A second public hearing to receive comments on the draft 2019-2020 Annual Action Plan was held before the Baldwin Park City Council on June 5, 2019. No Public Comments were received during the public review period and the Public Hearing as noted in Appendix A of this document. 6. Summary of comments or views not accepted and the reasons for not accepting them All comments and views received by the City in the development of the 2019-2020 Action Plan were accepted and taken into consideration in the plan. Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 7. Summary The City of Baldwin Park has satisfied its requirements in the preparation of the FY 2019-2020 Annual Plan and anticipates meetings its established goals. Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 11 O O N rl D1 N C Q MA c O M cc cc ow 'a is J Ln O 1 a 114 0C� Q C C� G 4- t y� y� ai L L Q Q. 7 � O O 2 2 d E Z cc cc a a Z Z � o m CO L 00 `0 41 Q 4, N `-^ 'c 'c E M Q Q w p O u = FA a� 'u c Q d c 0 CL IA I d .a %i C O 1pm E L O �i m d.� v° V a c m a d m M •O N C O u I` AP -10 Consultation — 91.100, 91.200(b), 91.215(1) 1. Introduction In the development of the Consolidated Plan, the City of Baldwin Park consulted with representatives from multiple agencies, groups, and organizations involved in the development of affordable housing, creation of job opportunities for low- and moderate -income residents, and/or provision of services to children, elderly persons and persons with disabilities, persons with HIV/AIDS and their families, and homeless persons. To facilitate this consultation, the City solicited feedback through the following methods: • Stakeholder surveys (web -based and paper -surveys) • Individual stakeholder consultations • Community meetings • Public hearings • Receipt of written comments The input gathered from these consultation partners helped establish and inform the objectives and goals described in the Strategic Plan. In the development of the 2019-2020 Action Plan, the City provided each agency with an opportunity to comment on the draft Action Plan during the public review and comment period. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)) The City recognizes the importance of careful coordination and alignment among various service providers to maximize the effectiveness of their programs. As a result, during the development of this Consolidated Plan, the City consulted closely with organizations that provide assisted housing, health services and other community -focused agencies. Outreach efforts included surveys including specific questions associated with coordination, invitations to community meetings and follow-up in-person interviews where appropriate. The City further recognizes the importance of continued coordination and alignment during the preparation of the 2019-2020 Action Plan with these organizations and agencies. The City continues to strengthen relationships and alignment among these organizations in the implementation of the NOFA process for CDBG and HOME funds and through technical assistance provided to subrecipients of CDBG and HOME funds each year. Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 8 Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The Continuum of Care (CoC) for Los Angeles County guides the development of homeless strategies and the implementation of programs to end homelessness throughout the region. The City participated in, applied for and was awarded Measure H funding in the coordinated effort to help end homelessness. The City applied for and received funds for programs at the Micro (City) level and the Macro (Jointly with EI Monte and South EI Monte). Initially funding allows the City to prepare a plan and analysis on programs that will be match the needs and capacity of the City of Baldwin Park. The region's municipalities, including the City of Baldwin Park, provide resources for services that assist the homeless and those at risk of becoming homeless. The nonprofit and faith -based community plays a key role in the current CoC system. Coordination to address homelessness — including chronically homeless individuals and families, families with children, veterans, and unaccompanied youth — is guided by the CoC. All service providers within the CoC have the ability to refer people with varying needs to the appropriate service provider(s) in their area. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City does not receive an entitlement of ESG funds. However, during the Consolidated Plan process, the City of Baldwin Park consulted 23 housing, social service and other entities involved in housing, community and economic development in the City and throughout the region to obtain valuable information on the priority needs in Baldwin Park and how CDBG, HOME and other resources should be invested to provide decent affordable housing, a suitable living environment and economic opportunities for low- and moderate -income residents. The Los Angeles Homeless Services Authority (LAHSA), the lead agency of the Continuum of Care (CoC), was consulted directly by telephone and email to discuss performance standards, outcomes, and policies and procedures for HMIS. Table 3 provides a listing of the entities consulted as part of this planning process. The City is also partnering with Volunteers of America to provide a local site for those facing homeless to begin their Coordinated Entry System process required for Measure H services. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction's consultations with housing, social service agencies and other entities Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) (L) > 'Vf a C O U C aJ •- a Q1 0. u c a� v > v O U al C aJ �p U O H G E E O i > N C c M O 4 m U E i vi Q m U > Q > n U a) N L N C O al > fC O N u -= Z v � Q 4O f0 4+ N 'o v m s N D w U N C Q Z V N E O > E U CU ZC U Z ani O t ro (U > 3 a O -°+ ro ++ 'v LnLn m t2 a� :Ll 3 U 01 i• an a� o �o ami O +� c ami On m _ E >� L C O N N _ E t0 U 'O a) C O y L N E aJ E V1 N O 6 N Y .0 Q m }, m N N f0 U- a) i al _ LL N (U g M +5 _ L _N O m _a w a a, E U '^ N +� � E O Q H aJ v aJ v O = O Q E N (U O L *' N w N a) v N al U Cn O 2 O L a1 -0 L O O N a) v_ O S to m v( m m vNi .0 w s o O !3 s 0 c w O cn N N Z to vNi m cn r� O ani cn awi N O Z F- CL m +s Ln Ln Z 0 3 0 3 0 3 ' ++ '94 c o d s Ira .q c 0 � s m � = 0 as s 7 N m N 4- 0 M1• C 7 N N 0 M1• c N m N 4•• 0 M C 0 U 'C O N 0 m 0 U •= N 0 0 U 'c 20 N E O m ut 0 E 0 E �° 29 0 E o m c 'p D o c 'a tea, a V o d a c t: d O °IA .° v o .°a v IA 0 o -a U CL M ta .1 Q. M > o• ° •° > m ego U a �• �i a o S- c 0 c 0 a+ +� c Q• E c o c 0 � .P c °• E c o = 0 o 3 as +, c °' E 3 3 •L •L N .0 N .= fa s= L W m N m N c m = 0 t om m N ._ m N •= = m 0 s d 4 m m a 3 d N m m m d. y 3 4.0 2 N 2 m m d 3 w L N 2 LQ s ++ 0 s fL0 i m LO 0 in 0 t *' ° t m i M V 0 V 0 '_ 4a o s m ++ i m `~ 0 ++ m L ° _ `~ 0 ++ m -_ L ° 4- C 0 m L ° 0 0 0 3 0 0 0 0 •N 3 0 0 0 0 .y 3 c C7 C7 t IA 'a '++ l7 C7 v CA 'a 0 l7 L7 r as '0 W M M as to as as to C as v = a, m s 4- N _ in = C d C as M s 4- IA _ N = = ar = as 41 m s d N = N _ a 3 m v v 3 m v v a 3 m v N M c m a d t i+ C m CL L Q. C t 3 .0 a� L c O v N d ho C c m fl.. L .0 m N m c d L V 0 L s O ►y c -� *' m cu C. 4L •3 L s V 4' L m +� 3 O aj y 41 C N M 0ba 0 v Vf v� N d - O s � U ++ m O �= '3 U .t -to L m c m (V o CL c L x i- u •V N N v M m N onC {ai ! '3 C L N O '� m O M: Lo w c +1 3 r"I 0 L � N CA of N N N a. E o C > L O dA N � N0 °° N Lu O x t—+ a, N C 0 ,0 d -a m 3 0 0 ° v 0 x Q a a C 0 y N N 'c s' +T a vx° = ° O N c (U N In OD C u OY a i N U m L 00 a u c 0 0 ° x d E � m ON � *r_� E O U O N W ►y V 0 0 N ei 01 LA O rq 14 cm O G. .v t cc a N ei a 'i c a. m CL c (U N M C V M O L .0 O M m E N O W N H V O L CL O a+ m Q. .v m CL c 0) N .0 O m E E O N 14 N c W E E O U W U N L 0 v .0 N R C 0 U GJ N El U 7 t i� Ln ri O N Ln ri �L a G N T-4 M r -I s m k O c 0m : ELt a c @ k t � -J u a m 2 E _ $ § c § S o t u m41 0 2 .11 CL§ 2 E c m 0 § E u 2 k \ 2 % L k M § 0 + § E E $ § 0 E } CL S o % § % (u » -0 § 2 uin m v O CU § E a ' -Oc § -0 V) 2 $ § 0 FA $ / o o ■ > § m a 4, C m k L CL m 0 0 q tw a qV) & ƒ / \ E E E \ 2 m o z k S $ 2 0 _ u 4 O 7 \ V T O � ¥ k k k k § § � ) ) § I 0 Ln t 2 -J � a m c 2 E -a $ IA § � c § in � © � % ■ E c ■ § u 2 Q $ V 2 S % 2 g§ 2: § ■ § E c ± $ M o 0 a o m E§ § O 2 : C E 2 E : § @ S 0 g § E S § a o a\ 2 S / : % 2 7 w ■ > CL / 0 k E) 7 (U� 2 & W o \ V E E � 2 % $ \ O J CL o# 2 m k t m 0 7 2 on a q ' a 3 2 j/ $ / 0 k 0 0 2 Ln o� a 2 3 S m_ v � 7 O k 2 � � 2 � k � 2 � Ln d J � U •C. CL f0 +� O O ECd N O a N 3 ai O v L V api E 'O O O O O a E E U v y O Z m cuN o •� 3 1�. CM E C EC C H E o Z O O Z v c � c ca N O m E O EE U p o 7 C In "o r0_+ v t' C O N CL v O N CL v L Q� CL 3 0 to m w U m L U O to m a 3 H Ln N � O L 0 O 'o p� O c to 3 a 41 3 y = dA ++ +_ 'y- r W Yo M t y m y C C N C i mC qOp O 7 f0 E- O Z O_ to 4, O O_ to d h a °o O m Z 4+ O U N OC C m O = s v � u m L m (v 7 41 0 O O o 4' a, L VC � G L d L O O H M a c m H u L O H d m CL c O c CL L m a to c c U O a LJ m z O c LL d c 00 mi c 0 r m O N CL W Q a 4J r GC O N 00 N H O ri I M cu 00 M �^ ` O m ` C N O N O IAc o E m 4v O c c Lr d O. x W O N 00 a o rn a c w N E w 41 c h V C CL O ai E f6 N c a U o ,u c O U CL E Z O y }� f6 E to N N c O c U U a OO N Q Q w 2 a a O u C U i C U. -Oa N a. � f0 o C7 L. 00 0 u !"4 co N 14 O O a� Ln N O z 0 U ca2 0 c O y_ C a .` 40 a � c c 0 � •C •fp U 4- O E m L V f6 M � — Z C U .. C W c 0 'O eo M ui O t0 c O O M N x� Q Q N W cc O M L^f1 F N rl � r. m Y ` f%1 N m ` iA M a` o, oc c Q E o N o`o a C N O CL C � e0 O 7 ++ a O N Q C O C O in c � }' H .y � t y_ C O C (U 0 N Q •� Oco }, O f6 O H Q a• E E N c +, � .cco 3 c co Q=_ o ° v z 0 u = U M O 'a N Q 4N E m pp W a 0 Gl V N m H a� .Q 3 N i 07 L cr L tw c t v m 00 !'1 If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan In December 2011, the elimination of local Redevelopment Agencies by the State of California resulted in the loss of a crucial resource for the development and preservation of affordable housing. This negatively impacted affordable housing and residential investment. While there are mechanisms whereby certain affordable housing assets tied to the former Redevelopment Agencies may be utilized today, the available resources for affordable housing are scarce. The City is currently considering and analyzing the possible use of publicly owned Land or property to assist in addressing the needs identified in the Consolidated Plan. Discussion The City anticipates the use of Measure H funds and the program income received from outstanding Housing set aside loans will leverage the HOME and CDBG funds for the implementation of FY 2019- 2020 projects. Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 19 O N ro t ro s c a b Y c O O L ' O41 " 0 7 a) aL+ Ln -C p '�n d O O pH 'a } O O S N -p u 2 p 2 vNi a S a C 2 CA v H Ln a) N E a) O -}O— v E C O � C A O O t > O u =O N O L > OV O O C p 'H 3 2 v = L p N v aJ 3 0 0 = �° W 4- a v\ o � °' Ln O N = (U C V L O 'd C = V `L° ri C 0 O '06 U O 2 O M N O 2 M C a, 0 (U t .o v \ 4= a j L O Ql 4+ u a) = = O = m= D m w CC U CL J w IL J m m mp pLn L W l0 C O =u O � 02n O N LL.i�/� i%? ijn- V ? C 04 a! CL Q y C -p i +yr V) H aJ N p0 N O U a) '8 -aa °'41 a, s t = o '^ Q L 'd w p .p aJ 4O p O vi y �n Q1 'p C O C �' 'O i H .0 u E M U y m :3�, as o N u °c. o,o •� c Z w o r Ii vpi w m o Z 0 u 4- a H N V � a �o f0 v -a � +J L a c w c o $ U U U C U aU = 0 0 mc c c E> 0 So o: o� o� c 0 0 c p o > � Q o 2 a o 2 Q= o Z U 0 Z U 0 tL0 eM-I 01-I r �r i TH tY i} O N O N O N O N O N L ►n Ln to to In f0 rl O H O r♦ O r -I Or4 rl O h} cq p O E a, p (A O m 2 C O C O qp O v C z _N •m CL O d0 C m O O N O to aJ -0+' V t U U m y wo aLN� o ani ai : 3 a 0 2 a u Ln Z in a 0 E L � al o - N IH M In O N I c c Ln IZ m ao � on O .r- O O1 O N 0) 0 O mLA 0 3 u O = 'in O = 'Lnn C M 0 a a 0 t0 N U > O U C j O C O a U r- O E f6 y O) M OJ L � 0 Vi Ln i O L C m Z 'a Cr ,v 2: -aN O l0 E y C0O � � CCO � VI C U \ r- U \ U N m L f0 3 CL O _3 W m 7 a O -j W Leo 41 0 O c Ln s 0 00 �+ Mal co m ft1 � � � N � � � LSO f0 L Li 3 O L c c L v wCA c d W 3 y U O 0) 0 o L �O U = L C L Q OJ y 4r O C L1 40 y ` OIA N C y M Ln U a (v l0 N U_ OJ E .0 L O U_ O E N � c 01 OOU O V � 'v Z a vQi' aL Ovi Z V, o v_ y m s CL M aA c -a � 4� � Q � 'O L Q.3 aj p O O t C1 u E G N CL C p O aj LIJ E -0 m C CL m CA v � c O ar v O > C CL t Z o m= (p O > V _ O L2 C N E c E > Q 0 CL U M O OJ y Ln N y Z Ln Z U 'Oa0)� eM-I e -I to (1)OJ C LL' >N m N Ncq O C OJ 0 CL O m O Ln Q O = d O LU H N O C14 £ O y N CL U LL C O U_ 0) a G ZC �L Z �L Z C v N Ln v z y O C N 41 O 07 �°yf0 O O v ♦�w v (D E cco N M La Ln 2 a V C O L (1 OM L.IA 0 to � 00 I N Ln IZ O .r- 0 3 C t0 N E � L CL m C 4+ l0 E 11A h C U m L f0 3 O O c s �+ ft1 � M f0 L 3 O c c L v c E 3 y CL o (U t L M a � c C O � L y aA c � p O O t C1 N CL C aj LIJ E -0 m C CL m p O > to t 4-- O > V H L2 U Q 7 U O O OJ y Ln N y y 4� to (1)OJ m O C OJ 0 CL O 0) L Ln Q LU = d LL LU O O £ O CL eo �, f0 a Z �L Z �L Z �L v u v O O d O O 07 O O O ♦�w w ri N M N N 2. / o cn \ 0 C \ � � I 2 § 0 z } 8 co k E o . u _ £ 2� E / ■ 2 § 0 § m § o 2 E m E E CLm u $ / 2 � m k k u m W E k k u 7 2 u / § °e E o \ 2 E 2 m u / � 2 0 / 0 � � § S § $ f ° � E 0 k > s > E @ E \ k / A § 2 \ In k 0 \ 2 k \ E J \ / g d f d \% @ e k k 7 2 213 u k V f § = CL § IA cu/ � 2 - 3 u k u m LL c /\ m o 00 2 § z 2§ 2 EL 2§ 4-1 2 2 L k z 2 E 2 EL 2 00 2 2 o 2 0 2 o 0 2 o 2CIA, a 75 o I 0 w Q w w c w w o o D o c lem � n � N 2. / o cn \ 0 C \ � � I 2 § 0 z } 8 co k Projects AP -35 Projects — 91.220(d) Introduction The City will undertake planned projects as established in the Consolidated Plan based on needs and assessments of the City. 100% of the funding will be utilized to benefit low income residents and areas. Projects # Project Name 1 Affordable Housing Development and Homebuyer Program 2 Fair Housing Services 3 Neighborhood Services 4 Housing Preservation 5 Public Services 6 Special Needs 7 Homelessness Prevention 8 Section 108 Repayment 9 Administration Table 7 - Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Based on the Strategic Plan, Baldwin Park is allocating 100 percent of its CDBG funds (excluding Section 108 Loan Repayment and CDBG Program Administration) as well as 100 percent of its non- administrative HOME funds for program year 2019-2020 projects and activities that benefit low- and moderate -income people. Due to the nature of the projects and activities to be undertaken, investments in projects concerning Neighborhood Services and Community Facilities and Infrastructure Improvements are limited to low- and moderate -income areas while other projects and activities benefit low- and moderate -income limited clientele and are available citywide. The primary obstacles to meeting the underserved needs of low- and moderate -income people include lack of funding from federal, state and other local sources and the high cost of housing that is not affordable to low-income people. To address these obstacles, the City is investing CDBG and HOME funds through the 2019-2020 Action Plan in projects that provide additional affordable housing units, provide for the preservation of existing housing units, that provide neighborhood services to low- and moderate -income people and those with special needs, and projects that prevent homelessness. Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 23 Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 24 Ln N m EL E c g o d N O eq E o L a = Z � o co v a Q U m a` 0 1 Project Name Affordable Housing Development and Homebuyer Program Target Area Citywide Goals Supported Affordable Housing Development Needs Addressed Expand the supply of affordable housing Funding HOME: $975,229 Description In partnership with housing developers, leverage HOME and State Housing Assets funds in support of the development of new housing units affordable to households earning less than 30, 60 or 80 percent of Area Median Income. Target Date 6/30/2020 Estimate the number and Rental projects will be subject to successfully obtaining partnership type of families that will with CHDO and/or for profit developer. It is hoped to create at least benefit from the 50 affordable units. proposed activities Location Description The City has three possible sites, however feasibility analysis is still pending for final determination. Planned Activities CHDO or for-profit affordable housing development 2 Project Name Fair Housing Services Target Area Citywide Goals Supported Neighborhood Services Needs Addressed Ensure equal access to housing opportunities Funding CDBG: $2,500 Description Affirmatively further fair housing choice through the provision of fair housing education, counseling, anti -discrimination and landlord - tenant mediation services. Target Date 6/30/2020 Estimate the number and Housing Rights Center— Fair Housing Services: $2,500 (100 People) type of families that will benefit from the proposed activities Location Description Citywide Planned Activities Affirmatively further fair housing choice through the provision of fair housing education, counseling, anti -discrimination and landlord - tenant mediation services. Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 26 3 Project Name Neighborhood Services Target Area Low- and Moderate -Income Areas Goals Supported Neighborhood Services Needs Addressed Provide public services for low-income residents Funding CDBG: $147,803 Description Preserve and enhance neighborhood aesthetics and public safety through activities such as graffiti removal and code enforcement as well as improvement of building quality and safety through code compliance to benefit low- and moderate -income neighborhoods. Target Date 6/30/2020 Estimate the number and Graffiti Removal: 5,000 Persons and Code Enforcement: 2000 type of families that will Household Housing Units benefit from the proposed activities Location Description Low and moderate -income target areas. Graffiti Removal: 4100 Baldwin Park Blvd. Baldwin Park, CA 91706 3251 Patritti Ave., Baldwin Park, CA 91706 15010 Badillo St., Baldwin Park, CA 91706 701 Frazier Ave., Baldwin Park, CA 91706 1209 Vineland Ave., Baldwin Park, CA 91706 Planned Activities Graffiti Removal: $30,000 and Code Enforcement: $117,803 4 Project Name Housing Preservation Target Area Citywide Goals Supported Housing Preservation Needs Addressed Preserve the supply of affordable housing Funding CDBG: $107,500 HOME: $219,604 Description Preserve the supply of affordable housing by assisting six low and moderate income homeowners in rehabilitating their homes. Target Date 6/30/2020 Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 27 Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 28 Estimate the number and Preserve the supply of affordable housing by assisting six low and type of families that will moderate income homeowners in rehabilitating their homes. benefit from the proposed activities Location Description Citywide Planned Activities Rehabilitation loans and grants, including Lead testing and abatement as needed of five owner -occupied housing units 5 Project Name Public Services Target Area Citywide Goals Supported Public Services for low- and moderate -income res. Needs Addressed Provide public services for low-income residents Funding CDBG: $75,650 Description Provide public services that support the emotional and developmental well-being of low- and moderate -income families. Target Date 6/30/2020 Estimate the number and 2840 low and moderate income persons type of families that will benefit from the proposed activities Location Description Church of the Redeemer Food Bank: 3739 Monterey Ave, Baldwin Park, CA 91706 Family Service Center: 14305 Morgan St., Baldwin Park, CA 91706 BPPD: Pride Platoon: 14403 E. Pacific Ave., Baldwin Park, CA 91706 Recreation/Sports Scholarship Program: 4100 Baldwin Park Blvd., Baldwin Park, CA 91706 St. John's Church Social Services: 3883 Baldwin Park, CA Youth Employment: 4100 Baldwin Park Blvd., Baldwin Park, CA 91706 Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 28 Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 29 Planned Activities Church of the Redeemer Food Bank: $10,000 - Food bank services Family Service Center: $25,000 Social Service Referral service BPPD: Pride Platoon: $20,000 - 8 week program designed to proactively assist at risk youth Recreation/Sports Scholarship Program: $3,500 - Subsidy assistance for participation on recreational activities. St. John's Church Social Services: $2,150 Anger Management Group Meetings Youth Employment: $15,000 - Employment opportunities for youth 16-21 years old. 6 Project Name Special Needs Target Area Citywide Goals Supported Special Needs Services Needs Addressed Public services for residents with special needs Funding CDBG: $29,975 Description Provide public services that support to domestic violence victims, elderly and disabled. Target Date 6/30/2020 Estimate the number and 475 persons with special needs will be assisted type of families that will benefit from the proposed activities Location Description Domestic Violence Advocate -14403 E. Pacific Avenue, Baldwin Park, CA 91706 YWCA of San Gabriel Valley -14317 Baldwin Park Blvd., Baldwin Park, CA 91706 Planned Activities Provide public services that support to domestic violence victims, elderly and disabled 7 Project Name Homelessness Prevention Target Area Citywide Goals Supported Homelessness Prevention Needs Addressed Prevent and eliminate homelessness Funding CDBG: $10,000 Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 29 Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 30 Description Support a continuum of services in Los Angeles County to prevent and eliminate homelessness including, but not limited to, homelessness prevention programs, emergency shelter programs and transitional housing. Target Date 6/30/2020 Estimate the number and 200 homeless persons assisted. type of families that will benefit from the proposed activities Location Description Planned Activities East San Gabriel Valley Coalition for the Homeless: Temporary shelter, winter shelter, shower and referral services for the Homeless 8 Project Name Section 108 Repayment Target Area Low- and Moderate -Income Areas Goals Supported Community Fac., Inf., and Section 108 Debt Service Needs Addressed Neighborhood services, community facilities Funding CDBG: $460,738 Description Repayment of a Section 108 Loan Target Date 6/30/2020 Estimate the number and N/A type of families that will benefit from the proposed activities Location Description Planned Activities Repayment of Section 108 loan 9 Project Name Administration Target Area Citywide Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 30 Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 31 Goals Supported Affordable Housing Development Housing Preservation Fair Housing Services Neighborhood Services Public Services for low- and moderate -income res. Special Needs Services Homelessness Prevention Community Fac., Inf., and Section 108 Debt Service Needs Addressed Expand the supply of affordable housing Preserve the supply of affordable housing Ensure equal access to housing opportunities Neighborhood services, community facilities Provide public services for low-income residents Public services for residents with special needs Prevent and eliminate homelessness Funding CDBG: $191,666 HOME: $28,740 Description Administration services of the CDBG and HOME Programs. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 31 AP -50 Geographic Distribution — 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed For projects that address Neighborhood Services and Community Facilities and Infrastructure goals, assistance will be primarily directed to the low- and moderate -income areas of the City. The low- and moderate -income Census Tract map will be used by the City when making funding determinations using CDBG and HOME funds in order to address the areas with the highest priority needs. Additionally, as discussed in section SP -10 of the Consolidated Plan, the southeastern part of the City exhibits a greater level of need for affordable housing or services for low- and moderate -income residents; therefore, one geographic priority is being established within the Consolidated Plan and efforts for allocation priorities in this area will be made to address this need. It should be noted that the City, as a whole, is mostly low and moderate income. Geographic Distribution Target Area Percentage of Funds Low- and Moderate -Income Areas 14 Citywide 86 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically For the 2019-2020 program year, the City will invest $417,291 of CDBG funds and $1,223,573 of HOME funds, including prior years unallocated or unexpended funds, for a total of $1,640,864 that will benefit low- and moderate -income people throughout the City. Due to the nature of the projects and activities to be undertaken, investments in projects and activities such as Neighborhood Services and Community Facilities are limited to these areas while other projects and activities benefit low- and moderate -income limited clientele and are available citywide. Discussion Based on the Strategic Plan, Baldwin Park is allocating 100 percent of its CDBG funds (excluding Section 108 Loan Repayment and CDBG Program Administration) as well as 100 percent of its non- administrative HOME funds for program year 2019-2020 projects and activities that benefit low- and moderate -income people. Annual Action Plan 2019 OMB Control No; 2506-0117 (exp. 06/30/2018) 32 Affordable Housing AP -55 Affordable Housing — 91.220(g) Introduction Two high priority affordable housing needs are identified in the 2015-2019 Consolidated Plan and two strategic Plan goals are established to provide the framework necessary to invest CDBG and HOME funds to address the affordable housing needs of the City. Expand the Supply of Affordable Housing Based on evaluation of 2007-2011 ACS and CHAS data, there is a high need for housing units affordable for households earning less than 80 percent of AML Of the 11,105 households earning 0-80 percent of AMI in the City, 7,418 are cost burdened households—meaning households paying more than 30 percent of their income for housing. Additionally, 4,300 of the cost burdened households are considered severely cost burdened households—meaning that they pay more than 50 percent of their income for housing. Of the 4,300 severely cost burdened households, 1,895 are renters. Of those severely cost burdened renter households, 1,895 households earn less than 50 percent of AMI and are considered the most at risk of becoming homeless. The development of additional housing units affordable for low- and moderate -income households is rated as the highest priority need due to the number of severely cost burdened households in Baldwin Park. Additionally, responses to the 2015-2019 Consolidated Plan Needs Assessment Survey support the development of additional affordable housing units in Baldwin Park. Preserve the Supply of Affordable Housing As the City's housing stock ages, a growing percentage of housing units may need rehabilitation to allow them to remain safe and habitable. The situation is of particular concern for low- and moderate -income home owners who are generally not in a financial position to properly maintain their homes. The age and condition of Baldwin Park's housing stock is an important indicator of potential rehabilitation needs. Commonly, housing over 30 years of age needs some form of major rehabilitation, such as roof replacement, foundation work and plumbing systems. Housing over 15 years of age will generally exhibit deficiencies in terms of paint, weatherization, heating / air-conditioning systems, hot water heaters and finish plumbing fixtures. According to CHAS data showing the year that housing units were built categorized by owner and renter tenure: • 7,867 or 73 percent of the 10,851 owner -occupied housing units in Baldwin Park were built 36 Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 33 or more years ago (built prior to 1980) • 2,428 or 22 percent of the 10,851 owner -occupied housing units in Baldwin Park were built between 17 and 36 years ago (built between 1980 and 1999) • 3,896 or 60 percent of the 6,523 renter -occupied housing units in Baldwin Park were built 36 or more years ago (built prior to 1980) • 2,165 or 33 percent of the 6,523 renter -occupied housing units in Baldwin Park were built between 17 and 36 years ago (built between 1980 and 1999) One Year Goals for the Number of Households to be Supported Homeless 200 Non -Homeless 2,920 Special -Needs 450 Total 3,570 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 50 Rehab of Existing Units 6 Acquisition of Existing Units 0 Total 56 Table 10 - One Year Goals for Affordable Housing by Support Type Discussion The Strategic Plan identifies a high priority need to expand the supply of affordable housing and a high priority need to preserve the supply of affordable housing. During the 2019-2020 program year, the City of Baldwin Park continues to research possible programs that will expand its supply of affordable housing through a CHDO affordable housing development activity. Additionally, the City will invest CDBG and HOME funds in the preservation of affordable housing units through the City of Baldwin Park Housing Rehabilitation Program. Although the City does not utilize CDBG or HOME for rental assistance programs, it does partner with the Baldwin Park Housing Authority (BPHA) for Section 8 Vouchers and Public Housing units. Currently 442 Households are being assisted through BPHA. Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 34 AP -60 Public Housing — 91.220(h) Introduction The Baldwin Park Housing Authority (BPHA) was created and authorized under State of California Housing Authority Law to develop and operate housing and housing programs for low-income families. The BPHA receives its funding from the Department of Housing and Urban Development (HUD) for the administration of the Section 8 tenant -based Housing Choice Voucher (HCV) assistance program for the jurisdiction of the cities of Baldwin Park, West Covina, EI Monte, South EI Monte, and Monrovia in the County of Los Angeles. Actions planned during the next year to address the needs to public housing BPHA will continue to serve the needs of residents through public housing and Section 8 vouchers, continuously stiffing to obtain a leasing rate of 98 to 100 percent. Continue to maximize the budget's authority at a rate of 98% to 100% and provide as many households as possible with improved living conditions and ease cost burdens associated with housing. Create more flexible and portable housing opportunities by converting the Baldwin Park Housing Authority's public housing units to tenant -based voucher assistance. Continue to provide forms and documents via its web portal to owners and tenants to increase the accessibility of information and streamline procedures with the goal of helping tenants and owners to comply with Section 8 rules and increase the availability of housing units. Actions to encourage public housing residents to become more involved in management and participate in homeownership BPHA actively encourages residents to be involved in the organization through resident councils and active participation in housing authority decisions via surveys and other forms of engagements. BPHA implemented the use of social media to improve and maximize the outreach to owners and tenants and increase the accessibility of information. Residents also maintain a resident advisory board. BPHA encourages residents to explore homeownership opportunities. However with the high cost of properties at this time, the program did not have the success it once had. Although the set-aside funds are no longer available from the State, the City is expecting to receive proceeds from the sale of RDA -acquired property, which may be used for a homebuyer program, new development of affordable housing or another housing activity. If the PHA is designated as troubled, describe the manner in which financial assistance will be Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 35 provided or other assistance BPHA is designated as a High Performing Public Housing Agency. Discussion BPHA is well-positioned to maintain and expand the supply of affordable housing units in the City of Baldwin Park and throughout Los Angeles County through its partnerships with the State of California, Los Angeles County Community Development Commission, the City of Baldwin Park and other housing partners. BPHA administers Section 8 to provide rental assistance to low-income families, senior citizens, and disabled individuals. In 2018, 430 Section 8 Housing Choice Vouchers were held by Baldwin Park households. If funds are released, the BPHA has the authority to fund up to 880 vouchers. Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 36 AP -65 Homeless and Other Special Needs Activities — 91.220(i) Introduction Preventing and ending homelessness is a HUD priority addressed nationally through coordination of regional strategies carried out locally by government agencies and a wide variety of community based organizations and faith -based groups. Consistent with this approach, the City of Baldwin Park supports the efforts of the Los Angeles Homeless Service Authority (LAHSA), County Continuum of Care (CoC), and its member organizations that address homelessness throughout Los Angeles County. In alignment with this strategy, the City will use CDBG funds to support local service providers as well as City run programs to prevent homelessness and to expand the supply of affordable housing in Baldwin Park for low- and moderate -income residents. The City will invest CDBG funds during the 2019-2020 program year to address high priority needs identified in the 2015-2019 Consolidated Plan including preventing homelessness and providing public services to special needs populations. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City recently applied for and received Measure H funds. The funds were approved as a planning opportunity for City owned land to research the possibility of affordable housing projects. The City also partners with Los Angeles Homeless Services Authority with the implementation of the Coordinated Entry System (CES) which facilitates the coordination and management of resources and services through the crisis response system. CES allows users to efficiently and effectively connect people to interventions the aim to rapidly resolve their housing crisis. To reach out to unsheltered homeless persons and assess their individual needs for the purpose of connecting them with available emergency shelter and transitional housing resources, the City of Baldwin Park will provide information and referrals to those agencies who offer assistance with registering to CES. Additionally, to reduce and end homelessness, the City of Baldwin Park will provide Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 37 CDBG public service funds to the following activities: • East San Gabriel Valley Coalition for the Homeless (200 people) • Domestic Violence Advocate (250 people) • YWCA of San Gabriel Valley (200 people) Addressing the emergency shelter and transitional housing needs of homeless persons The City supports local nonprofit agencies that provide emergency rental assistance and transitional housing needs for homeless or those at risk of becoming homeless. To address the emergency shelter and transitional housing needs of homeless persons, the City supports the East San Gabriel Valley Coalition for the Homeless that provides transitional housing, emergency assistance and winter shelter assistance to homeless families or families at risk of homelessness. Each year, the East San Gabriel Valley Coalition for the Homeless serves approximately 200 unduplicated people. Additionally, the City supports Domestic Violence Advocate and YWCA of San Gabriel Valley, organizations that provide emergency shelter and support services to victims of domestic violence. These programs provide a number of services to include but not limited to supportive services for survivors and perpetrators of domestic violence, batterer's program, and anger management, and assistance in guiding victims through the criminal justice system. Lastly, the City of Baldwin Park also partners in the efforts with the Los Angeles County Continuum of Care (CoQ and its member organizations that address homelessness. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again To address the needs of homeless families, families with children, veterans and their families, the City supports the East San Gabriel Valley Coalition for the Homeless, which provides transitional housing, counseling and case management to families at risk of homelessness. Each year, the East San Gabriel Valley Coalition for the Homeless serves approximately 200 unduplicated people through its transitional housing program. When paired with financial counseling, career coaching and other available case management services, the agency makes certain that families are ready to succeed in their transition to permanent housing. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 38 funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The Los Angeles County CoC Ten Year Plan to End Homelessness included a goal to establish countywide protocols and procedures to prevent people from being discharged from public and private institutions of care into homelessness that will help decrease the number of persons being discharged into homelessness by at least 10 percent annually. The CoC is seeking improve coordination among publicly and privately funded institutions of care and local service agencies in the County of Los Angeles in order to decrease the number of persons being discharged into homelessness annually. Discussion With limited CDBG and HOME resources available, the City is investing CDBG public service funds in public service activities such as the East San Gabriel Valley Coalition and anticipating successful Measure H programs for the Homeless to prevent homelessness in Baldwin Park Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 39 AP -75 Barriers to affordable housing — 91.220(j) Introduction: A barrier to affordable housing is a public policy or nongovernmental condition that constrains the development or rehabilitation of affordable housing. Barriers can include land use controls, property taxes, state prevailing wage requirements, environmental protection, cost of land and availability of monetary resources. Barriers to affordable housing are distinguished from impediments to fair housing choice in the sense that barriers are lawful and impediments to fair housing choice are usually unlawful. Based on information gathered during community meetings, the Consolidated Plan Needs Assessment Survey, the 2013-2021 Housing Element and market analysis, the primary barriers to affordable housing in Baldwin Park are housing affordability and the lack of monetary resources necessary to develop and sustain affordable housing. The two barriers are related in the sense that demand for affordable housing exceeds the supply and insufficient resources are available to increase the supply of affordable housing to meet demand. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment In the development of the 2013-2021 Housing Element, the City evaluated significant public policies affecting affordable housing development such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges and growth limitations. Based on this evaluation, the City determined that it has taken all appropriate and necessary steps to ameliorate the negative effects of public policies that may have been a barrier to affordable housing. Moreover, the City is actively engaged with affordable housing developers concerning the siting of additional future affordable housing and ensuring that the entitlement process runs smoothly from inception to completion. Discussion: To address housing affordability and the lack of monetary resources for affordable housing, the Strategic Plan calls for the investment of a significant portion of CDBG and HOME funds for the development of 73 new affordable rental housing units during the five-year period of the Consolidated Plan and the rehabilitation and preservation of 25 existing affordable housing units over the five-year period covered by the Consolidated Plan. Although the City no longer has access to Redevelopment Housing Set -Aside funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City for the purpose of affordable housing, to facilitate affordable housing development. This strategy will increase the supply of affordable housing and preserve existing affordable housing in the City. A 70 -unit affordable rental housing project was developed and completed in FY 2016-2017. Aggressive action has been made recently in talks with non Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 40 and for profit developers researching available sites to address housing affordability. Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 41 AP -85 Other Actions — 91.220(k) Introduction: In the implementation of the 2019-2020 Annual Action Plan, the City will invest CDBG and HOME resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, reduce the number of poverty -level families, develop institutional structure and enhance coordination between public and private housing and social service agencies. Actions planned to address obstacles to meeting underserved needs The primary obstacles to meeting the underserved needs of low- and moderate -income people include lack of funding from federal, state and other local sources, and the high cost of housing that is not affordable to low-income people. To address these obstacles, the City is investing CDBG and HOME funds through the 2019-2020 Action Plan in projects that provide financing for the development of new affordable rental housing units, provide loans to approximately nine low- and moderate -income homeowners for home improvements, provide neighborhood services to benefit people presumed under HUD regulations to be low- and moderate -income people and those with special needs, and projects that prevent homelessness. To address underserved needs, the City is allocating approximately 100 percent of its non -administrative CDBG and HOME investments for program year 2019-2020 to projects and activities that benefit low- and moderate -income people or people presumed under HUD regulations to be low- and moderate -income. Actions planned to foster and maintain affordable housing In the implementation of the 2019-2020 Annual Action Plan, the City will invest HOME funds to expand the supply of affordable rental housing and will use CDBG and HOME funds to preserve and maintain existing affordable housing through the City of Baldwin Park Residential Rehabilitation Program that anticipates providing up to 7 grants and deferred loans totaling $220,000 to low- and moderate -income owners of single-family dwellings. Actions planned to reduce lead-based paint hazards The Residential Lead Based Paint Hazard Reduction Act of 1992 (Title X) emphasizes prevention of childhood lead poisoning through housing -based approaches. To reduce lead-based paint hazards, the City of Baldwin Park's Residential Rehabilitation Program will conduct lead-based paint testing and risk assessments for each property assisted that was built prior to January 1, 1978 and will incorporate safe work practices or abatement into the scope of work as required to reduce lead-based paint hazards in Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 42 accordance with 24 CFR Part 35. Actions planned to reduce the number of poverty -level families The implementation of CDBG and HOME activities meeting the goals established in the 2015-2019 Consolidated Plan - Strategic Plan and this Annual Action Plan will help to reduce the number of poverty - level families by: • Supporting activities that expand the supply of housing that is affordable to low- and moderate - income households; • Supporting activities that preserve the supply of decent housing that is affordable to low- and moderate -income households; • Supporting a continuum of housing and public service programs to prevent and eliminate homelessness; • Supporting housing preservation programs that assure low income households have a safe, decent and appropriate place to live; • Supporting public services for low- and moderate -income residents including those with special needs and those at -risk of homelessness offered by nonprofit organizations receiving CDBG funds; and • Promoting economic opportunity for low- and moderate -income residents who own microenterprise businesses (five or fewer employees) or who are starting a new microenterprise business. In addition to these local efforts, mainstream state and federal resources also contribute to reducing the number of individuals and families in poverty. Federal programs such as the Earned Income Tax Credit and Head Start provide pathways out of poverty for families who are ready to pursue employment and educational opportunities. Additionally in California, the primary programs that assist families in poverty are CaIWORKs, CalFresh (formerly food stamps) and Medi -Cal. Together, these programs provide individuals and families with employment assistance, subsidy for food, medical care, childcare and cash payments to meet basic needs such as housing, nutrition and transportation. Other services are available to assist persons suffering from substance abuse, domestic violence and mental illness. Actions planned to develop institutional structure The institutional delivery system in Baldwin Park is high -functioning and collaborative — particularly the relationship between local government and the nonprofit sector comprised of a network of capable community-based organizations that are delivering a full range of services to residents. Affordable housing development and preservation activities will be carried out by the Housing Division of the Community Development Department in partnership with housing developers and contractors. Public service activities will be carried out by nonprofit organizations and City Departments to achieve the Strategic Plan goals. The Housing Division and the Public Works Department will work together with Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 43 contractors to implement public facility improvement projects. One of the key ways the City is developing and expanding institutional structure to meet underserved needs is by funding a wide variety of services targeted to youth, seniors, special needs populations and individuals or families at risk of homelessness with CDBG public service grants. Actions planned to enhance coordination between public and private housing and social service agencies The County's newly implemented CES will assist with coordination between public and private housing and social service agencies. The City intends to utilize this partnership to its fullest potential in reaching all possible resources. The City will continue consulting with and inviting the participation of a wide variety of agencies and organizations involved in the delivery of housing and supportive services to low - and moderate -income residents in Baldwin Park. Discussion: In the implementation of the 2019-2020 Annual Action Plan, the City will invest CDBG and HOME resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, reduce the number of poverty -level families, develop institutional structure and enhance coordination between public and private housing and social service agencies. Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 44 Program Specific Requirements AP -90 Program Specific Requirements — 91.220(1)(1,2,4) Introduction: In the implementation of programs and activities under the 2019-2020 Annual Action Plan, the City of Baldwin Park will follow all HUD regulations copcerning the use of program income, forms of investment, overall low- and moderate-incomg benefit for the CDBG program and recapture requirements for the HOME program. Eligible applicants for CDBG and HOME assistance include subrecipients who may carry out programs to benefit program beneficiaries on behalf of the City. Applications from interested subrecipients may be solicited by the City directly or via published Notices of Funds Availability at the discretion of the City. Eligible beneficiaries for CDBG or HOME funded housing rehabilitation programs include households earning less than 80 percent of AMI. Developers for HOME -assisted rental housing development projects shall be selected via an application and underwriting process determined by the City based on the regulatory requirements applicable to the prospective project based on the nature and scope of the proposed development. Opportunities for leveraging and matching funds shall be emphasized in the selection of affordable housing Developers. Selection of affordable rental housing development projects shall be based on project feasibility, funding availability and City needs as determined by staff and the City Council. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 21,000 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float -funded activities 0 Total Program Income: 21,000 Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 45 Other CDBG Requirements 1. The amount of urgent need activities A 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(1)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: The City will not use any other forms of investment beyond those identified in Section 92.205. The Residential Rehabilitation Program offers one percent interest deferred loans for the rehabilitation of owner -occupied single-family. The loans are due and payable after 30 years. Maximum loan amount is $45,000 and the after rehab value of the house must be less than 95% of the area's median purchase price. The loan does not include any provision for refinancing existing debt. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: Homebuyer activities will not be taken in FY 2019-2020. However, the City uses recapture if homebuyer programs are implemented. All City loans are due and payable upon sale or transfer of the property; if the unit is no longer occupied by the homebuyer; if the homebuyer cashes out; or there becomes a maintenance problem with the property. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: The City uses recapture. All City loans are due and payable upon sale or transfer of the property; if the unit is no longer occupied by the homebuyer; if the homebuyer cashes out; or there becomes a maintenance problem with the property. Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 46 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City does not intend to use HOME funds under the 2019-2020 Annual Action Plan to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds. In the implementation of programs and activities under the 2019-2020 Annual Action Plan, the City of Baldwin Park will follow all HUD regulations concerning the use of program income, forms of investment, overall low- and moderate -income benefit for the CDBG program, median area purchase price and recapture requirements for the HOME program. Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 47 Annual Action Plan 2019 OMB Control No: 2506-0117 (exp. 06/30/2018) 48 ITEM NO. 3 TO: Honorable Mayor and Members of the City Council FROM: Ben Martinez, Director of Community Development PREPARED BY: Ron Garcia, City PlannerA Erika Ramirez, Associate Planner Ir DATE: June 19, 2019 SUBJECT: A Request to the City Council from the Planning Commission to Approve Development Agreement 19-01 to Grant a Cannabis Permit for a New Manufacturing and/or Cultivation Facility within the IC, Industrial Commercial Zone Pursuant to Ordinance 1408. (Location: 1529 Virginia Avenue; Applicant: ESource LLC.; Case Number: DA 19-01) SUMMARY This report requests City Council consideration of approving Development Agreement 19-01 between the City of Baldwin Park and ESource LLC. to grant a cannabis permit to a permit a new cannabis manufacturing facility located at 1529 Virginia Ave. within the IC, Industrial Commercial Zone pursuant to Ordinance 1408. RECOMMENDATION Staff recommends that the City hold a Public Hearing and Introduce for first reading, by title only, Ordinance 1440, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ESOURCE LLC FOR THE CULTIVIATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 5129 VIRGINIA AVENUE (APN 8558-032-031) WITHIN THE CITY OF BALDWIN PARK". FISCAL IMPACT The Development Agreement has a financial component that provides a positive fiscal impact to the City. Please refer to Attachment No. 1 for the specific financial details of the Agreement. CEQA In accordance with the provisions of the California Environment Quality Act (CEQA), it has been determined that the proposed Development Agreement, DA 19-01, will not have a significant impact of the environment and is Categorically Exempt pursuant to Article 19, Section 15301, Class 1, `Existing Facilities'. DISCUSSION A Cannabis Permit application was submitted by ESOURCE to the Planning Division for the purpose of manufacturing commercial cannabis .products at 1529 Virginia Avenue in the City of Baldwin Park. The Planning Division assigned the case number CAN 18-01 to the said application and deemed it complete on March 20, 2019. The application was reviewed to ensure its compliance with all requirements set forth in Ordinance 1408. The location is within the required zone district and is at a distance greater than 600 feet from a school, childcare facility, youth center or park and is a distance greater than 50 feet from a residential zone. There are properties which are current residential uses along Virginia Avenue; however, because they are within the Industrial Commercial Zone they are considered legal nonconforming and thus not subject to the 50 foot distance requirement. The applicant ESource LLC, is proposing to manufacture cannabis products within 3,510 square feet of a 5,771 square foot existing industrial commercial building. The existing building is divided into two (2) suites- 1527 Virginia and 1529 Virginia. The interior of 1529 Virginia will undergo minor tenant improvements to modify the interior space for the purposes of extracting and manufacturing cannabis products. There will be no outside signage allowed; however any deteriorating exterior conditions will be requested to be improved including but not limited to landscaping. In addition to the annual mitigation fees the applicant has committed to donating an annual $50,000 to the City of Baldwin Park towards the salary of one Police Office and Code Enforcement Officer and to hire 20% of new hires as local hires. The applicant estimates a total of 10 new hires over the span of 3 years from the date of initial operation. There will be no public visitation as this business will not be open to the public. Lastly, the applicant included a statement in the application that states all safety requirements will be incorporated into the tenant improvement plans. PLANNING COMMISSION ACTION On June 12, 2019 the Planning Commission adopted Resolution 19-10 recommending approval to the City Council to adopt Ordinance 1440 and approve DA 19-01 to grant a cannabis license to a new cannabis manufacturing facility located at 1529 Virginia Ave. within the IC, Industrial Commercial Zone pursuant to Ordinance 1408. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS #1 Development Agreement 19-01 #2 Ordinance 1440 #3 PC Resolution 19-10 #4 Vicinity Map #5 Applicant Summary Chart #6 Findings of Fact #7 Application ATTACHMENT #1 DA 19-01 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BALDWIN PARK AND ESOURCE ARTICLE 1. PARTIES AND DATE. This parties are entering into a Government Code Statutory Development Agreement ("STATUTORY AGREEMENT") and is dated June 5, 2019 for references purposes only and is entered into between (i) the City of Baldwin Park ("City"), a California municipal corporation, and (ii) ESOURCE, a California limited liability company ("Owner"). This Agreement shall become effective on the Effective Date defined in Section 3.1.11 below. ARTICLE 2. RECITALS. 2.1 WHEREAS, the City and ESOURCE wish to enter into Statutory Municipal Development Agreement pursuant to the Government Code; and 2.2 WHEREAS, this Statutory Municipal Development Agreement is promulgated by or through the Government Code and contains necessary elements for a Statutory Government Code Development Agreement; and 2.3 WHEREAS, this Statutory Development Agreement is pursuant to Government Code and is intended to be a Statutory Agreement under and through Government Code Section 65864, et seq.; and 2.4 WHEREAS, the City is authorized pursuant to Government Code Section 65864 et seq. to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property; and 2.5 WHEREAS, Owner commenced its efforts to obtain approvals and clearances to cultivate and manufacture medical and adult use cannabis in the City; and at that time the City determined that the uses authorized in this STATUTORY AGREEMENT were lawfully permitted and authorized to occur on Owner's Property, subject to Owner's acquisition of various entitlements, as discussed herein; and 2.6 WHEREAS, Owner voluntarily enters into this STATUTORY AGREEMENT and after extensive negotiations and proceedings have been taken in accordance with the rules and regulations of the City, Owner has elected to execute this STATUTORY AGREEMENT as it provides Owner with important economic and development benefits; and 2.7 WHEREAS, this STATUTORY AGREEMENT and the Project are consistent with the City's General Plan and Zoning Code and applicable provisions of the City's applicable Zoning Map and the Baldwin Park Municipal Code as of the Agreement Date; and 2.8 WHEREAS, all actions taken and approvals given by the City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and 2.9 WHEREAS, this STATUTORY AGREEMENT will eliminate uncertainty in planning and provide for the orderly development of the Project and/or Property, ensure progressive installation of necessary improvements, and provide for public services appropriate to the development of the Project; and 2.10 WHEREAS, in implementation of the promulgated state policy to promote private participation in comprehensive planning and to strengthen the public planning process and to reduce the economic risk of development, the City deems the implementation of this STATUTORY AGREEMENT to be in the public interest and intends that the adoption of this STATUTORY AGREEMENT be considered an exercise of the City's police powers to regulate the development of the Property during the Term of this Agreement; and 2.11 WHEREAS, this STATUTORY AGREEMENT is consistent with the public health, safety and welfare needs of the residents of the City and the surrounding region and the City has specifically considered and approved the impact and benefits of the development of the Property in accordance with this STATUTORY AGREEMENT upon the welfare of the region; and 2.12 WHEREAS, Owner intends to develop a Cannabis Manufacturing and Cultivation Facility or facilities pursuant to the Baldwin Park Municipal Code ("BPMC") Chapter 127 and all applicable state laws, rules, and regulations; and 2.13 WHEREAS, concurrently with execution of this STATUTORY AGREEMENT, City acknowledges that Owner has been authorized to cultivate and manufacture cannabis and cannabis related products at its facility or facilities up to 22,000 square feet for each separate authorized use (Manufacturing, Cultivation and Distribution). 2.14 WHEREAS, the City entered into a Development Agreement with Rukli, Inc. to be the exclusive distributor of cannabis and cannabis related products in the City of Baldwin Park. The City is entering into development agreements with owners for permits for cultivation and manufacturing of cannabis and cannabis related products in the City of Baldwin Park. The City prohibits the sale of cannabis and cannabis related products within the City of Baldwin Park so the cannabis and cannabis related products must be distributed to and sold in cities where it is legal to do so. Rukli, Inc. shall be the exclusive distributor for the cultivation and/or manufacturing permit holders within the City of Baldwin Park and City conditions the cultivation and/or manufacturing permits on Rukli, Inc. being the exclusive distributor for any permit issued by Baldwin Park for cultivation or manufacturing. ARTICLE 3. GENERAL TERMS. 3.1 Definitions and Exhibits. The following terms when used in this STATUTORY AGREEMENT shall be defined as follows: -2- 3.1.1 "STATUTORY AGREEMENT' means this Statutory Development Agreement pursuant to Government Code Section 65864 et seq. corporation. 3.1.2 "City" means the City of Baldwin Park, a California municipal 3.1.3 "Days" mean calendar days unless otherwise specified. 3.1.4 "Dedicate" means to offer the subject land for dedication and to post sufficient bonds or other security if necessary for the improvements to be constructed including, but not limited to: grading, the construction of infrastructure and public facilities related to the Project whether located within or outside the Property, the construction of buildings and structures, and the installation of landscaping. 3.1.5 "Development" If applicable, includes grading, construction or installation of public and private facilities and the right to maintain, repair or reconstruct any private building, structure, improvement or facility after the construction and completion thereof; provided, however, that such maintenance, repair, or reconstruction take place within the Term of this STATUTORY AGREEMENT on the Property. 3.1.6 "Development Approvals" If applicable, means and/or other entitlements for the Development of the Property, including any and all conditions of approval, subject to approval or issuance by the City in connection with Development of the Property. "Development Approvals" also include both the Existing Development Approvals and the Subsequent Development Approvals approved or issued by the City that are consistent with this STATUTORY AGREEMENT. 3.1.7 "Development Plan" If applicable, means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property for the Project, as modified and supplemented by Subsequent Development Approvals. 3.1.8 "BPMC" means the City of Baldwin Park Municipal Code. 3.1.9 "Effective Date" means the day this STATUTORY AGREEMENT is approved and adopted by the Baldwin Park City Council and signed by the Mayor of Baldwin Park of his designee. 3.1.10 "Existing Development Approvals" If applicable, means all Development Approvals approved or issued prior to or on the Effective Date. Existing Development Approvals include the approvals set forth in Section 3.1.6 and all other approvals which are a matter of public record prior to or on the Effective Date. 3.1.11 "Existing Land Use Regulations" If and where applicable, means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations include all regulations that are a matter of public record on the Effective Date as they may be modified by the Existing Development Approvals. 3.1.12 "Land Use Regulations" If and where applicable means all ordinances, resolutions and codes adopted by the City governing the development and -3- use of land, including the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or Dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property. 3.1.13 "Mortgagee" If applicable, means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender and its successors - in interest. 3.1.14 "Owner" means ESOURCE LLC, a member managed limited liability company. 3.1.15 "Processing Fees" means the normal and customary application, filing, plan check, permit fees for land use approvals, design review, tree removal permits, building permits, demolition permits, grading permits, and other similar permits and entitlements, and inspection fees, which fees are charged to reimburse the City's expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlements are granted or conducted by the City. 3.1.16 "Project" If applicable means the Development of the Property contemplated by the Development Plan, as such Development Plan may be further defined, enhanced or modified pursuant to the provisions of this STATUTORY AGREEMENT. The Project shall consist of this STATUTORY AGREEMENT, the Development Plans, the application any and all entitlements licenses, and permits related to the Project. 3.1.17 "Property" means the real property described Owner's application and incorporated herein by this reference. Owner may modify the location or locations or add locations to the Property subject to City approval and all applicable zoning and distance requirements up to a total of 22,000 square feet for each separate authorized use (Manufacturing, Cultivation and Distribution). 3.1.18 "Reasonable" means using due diligence to accomplish a stated objective that the subject party is capable of performing or providing under the circumstances in a manner that is consistent with the intent and objectives of the STATUTORY AGREEMENT. 3.1.19 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to Owner under this STATUTORY AGREEMENT and reserved to the City as described in Section 4.4. 3.1.20 "Space or Canopy Space" shall mean any space or ground, floor or other surface area (whether horizontal or vertical) which is used during the marijuana germination, seedling, vegetative, pre -flowering, flowering, curing and/or harvesting phases, including without limitation any space used for activities such as growing, planting, seeding, germinating, lighting, warming, cooling, aerating, fertilizing, watering, irrigating, topping, pinching, cropping, curing or drying marijuana or any such space used -4- for storing any cannabis, no matter where such storage may take place or such storage space may be located. 3.1.21 "Subsequent Development Approvals" If applicable, means all future discretionary approvals and all ministerial Development Approvals required subsequent to the Effective Date in connection with development of the Property, including without limitation, subdivision improvement agreements that require the provision of bonds or other securities. Subsequent Development Approvals include, but are not limited to, all excavation, grading, building, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or other permits or approvals necessary, convenient or appropriate for the grading, construction, marketing, use and occupancy of the Project within the Property at such times and in such sequences as Owner may choose consistent with the Development Plan and this STATUTORY AGREEMENT. 3.1.22 "Subsequent Land Use Regulations" If applicable, means any Land Use Regulations defined in Section 3.1.12that are adopted and effective after the Effective Date of this STATUTORY AGREEMENT. 3.2 Documents. The following documents, by this reference, are made part of this STATUTORY AGREEMENT: No. 1 — Legal Description of the Property. No. 2 — Map showing Property and its location. No. 3 —Application 3.3 Binding Effect of STATUTORY AGREEMENT. The Property is hereby made subject to this STATUTORY AGREEMENT. Subject to Owner's receipt of all Development Approvals relative thereto, the Development of the Property is hereby authorized and shall, except as otherwise provided in this Agreement, be carried out only in accordance with the terms of this STATUTORY AGREEMENT and the Development Plan, if any. In the event of conflict or uncertainty between this STATUTORY AGREEMENT and the Development Plan, the provisions of this STATUTORY AGREEMENT shall control. 3.4 Ownership of Property. Owner represents and covenants that it has a legal or equitable interest in the Property, which has an Assessor's Parcel Number of 8558- 032-018 and is more particularly described in the application and document "No. 1" in Section 3.2 and incorporated herein. 3.5 Term. The parties agree that the Term of this STATUTORY AGREEMENT shall be fifteen (15) years commencing on the Effective Date subject to the written extension and early termination provisions described in this STATUTORY AGREEMENT. Upon termination of this STATUTORY AGREEMENT, this STATUTORY AGREEMENT shall be deemed terminated and of no further force and effect, except terms that are expressly stated in this STATUTORY AGREEMENT to survive termination without the need of further documentation from the parties hereto. The STATUTORY -5- AGREEMENT's Fee is subject to renegotiation after the first term, and every five year term thereafter. 3.5.1 Term Extension. This STATUTORY AGREEMENT may be extended by mutual agreement of City and Owner in writing and signed by Owner and the Mayor of Baldwin Park. If the Mayor of Baldwin Park does not sign the agreement or renegotiated agreement any such agreement is null and void. 3.6 Automatic Termination. This STATUTORY AGREEMENT shall automatically terminate upon the occurrence of any of the following events: (i) Expiration of the Term of this STATUTORY AGREEMENT as set forth in Section 3.5; (ii) The entry of a final judgment (or a decision on any appeal therefrom) voiding the City's General Plan or any element thereof, which judgment or decision would preclude development of the Project, but only if the City is unable to cure such defect in the General Plan or element within one hundred and eighty (180) days from the later of entry of final judgment or decision on appeal. (iii) Failure to timely pay Fees to the City. Failure to timely pay the $50,000 towards the police salary or benefits. Failure to pay any fees due to the City under this STATUTORY AGREEMENT. (iv) Failure to move forward in good faith to obtain all necessary permits and approvals in order to get a Certificate of Occupancy and begin operating your business. 3.6.1 Effect of Termination. Termination of this STATUTORY AGREEMENT shall constitute termination of all land use entitlements and permits approved for the Owner and/or Property. Upon the termination of this STATUTORY AGREEMENT, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination, or with respect to any default in the performance of the provisions of this STATUTORY AGREEMENT which has occurred prior to such termination, or with respect to any obligations which are specifically and expressly set forth as surviving this STATUTORY AGREEMENT. 3.7 Notices. 3.7.1 Notice Defined. As used in this STATUTORY AGREEMENT, notice includes, without limitation, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. 3.7.2 Written Notice and Delivery. All notices shall be in writing and shall be considered given: (i) when delivered in person to the recipient named below; or BE (ii) three days after deposit in the United States mail, postage prepaid, addressed to the recipient named below; or (iii) on the date of personal delivery shown in the records of the delivery company after delivery to the recipient named below; or (iv) on the date of delivery by facsimile transmission to the recipient named below if a hard copy of the notice is deposited in the United States mail, postage prepaid, addressed to the recipient named below. All notices shall be addressed as follows: If to the City: Chief Executive Officer 14403 E. Pacific Avenue Baldwin Park, CA 91706 If to Owner: Erik Intermill. President 11440 Freer Ave. Arcadia CA 91006 3.7.3 Address Changes. Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3.8 Validity of this STATUTORY AGREEMENT. Owner and the City each acknowledge that neither party has made any representations to the other concerning the enforceability or validity of any one or more provisions of this STATUTORY AGREEMENT. The parties acknowledge and agree that neither party shall allege in any administrative or judicial proceeding that the entering into or the performance of any obligations created in this STATUTORY AGREEMENT violates federal or state law, with respect to all federal, state and local statutes, ordinances or regulations in effect as of the Effective Date. 3.9 Fee. Fee means the amount(s) set by the City, negotiated with Owner, to provide City commensurate benefit based on a private benefit conferred upon Owner. Fee shall include City's cost to research cannabis and cannabis laws and regulations, draft cannabis ordinance, conduct public meetings, negotiate development agreements, process applications, and any other acts taken by the City in furtherance of medical and adult commercial use of cannabis. ARTICLE 4. DEVELOPMENT OF THE PROPERTY. 4.1 Right to Develop. Owner shall, subject to the terms of this STATUTORY AGREEMENT, develop the Property or Properties with a commercial cannabis facility in accordance with and to the extent of the Development Plan and/or application. The Property shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan and/or application. 4.2 Effect of STATUTORY AGREEMENT on Land Use Regulations. Except as otherwise provided by this STATUTORY AGREEMENT, the rules, regulations and official -7- policies and conditions of approval governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement, occupancy and construction standards and specifications applicable to development of the Property shall be the Development Plan and/or application. Provided, however, that in approving tentative subdivision maps, if any, the City may impose ordinary and necessary dedications for rights-of-way or easements for public access, utilities, water, sewers and drainage, having a nexus with the particular subdivision; provided, further, that the City may impose and will require normal and customary subdivision improvement agreements and commensurate security to secure performance of Owner's obligations thereunder. 4.3 Changes to Project. The parties acknowledge that changes to the Project or Development Approvals may be appropriate and mutually desirable, including but not limited to expanding the Project to additional properties up to 22,000 square feet per separate authorized use (Manufacturing, Cultivation and Distribution). The City shall act on such applications, if any, in accordance with the Existing Land Use Regulations, subject to the Reservations of Authority, or except as otherwise provided by this STATUTORY AGREEMENT. If approved, any such change in the Existing Development Approvals shall be considered an additional Existing Development Approval. 4.4 Reservations of Authority. Any other provision of this STATUTORY AGREEMENT to the contrary notwithstanding, the Development of the Property shall be subject to subsequently adopted ordinances, resolutions ("Subsequent Land Use Regulations" or sometimes referred to as "Reservation of Authority") on the following topics: (i) Processing Fees imposed by the City to cover the estimated or actual costs to the City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued, which fees are charged to reimburse the City's lawful expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlement are granted or conducted by the City. (ii) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (iii) Regulations governing engineering and construction standards and specifications including, any and all uniform codes adopted by the State of California and subsequently adopted by the City. (iv) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety; provided, however, the following shall apply: (a) That to the extent possible, such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided in this STATUTORY AGREEMENT; 12 (b) That such regulations apply uniformly to all new development projects of the same uses within the City; and (v) Regulations that do not conflict with the Development Plan. The term "do not conflict" means new rules, regulations, and policies which: (a) do not modify the Development Plan, including, without limitation, the permitted land uses, the density or intensity of use, the phasing or timing of Development of the Project, the maximum height and size of proposed buildings on the Property, provisions for Dedication of land for public purposes and Development Exactions, except as expressly permitted elsewhere in this STATUTORY AGREEMENT, and standards for design, development and construction of the Project; (b) do not prevent Owner from obtaining any Subsequent Development Approvals, including, without limitation, all necessary approvals, permits, certificates, and the like, at such dates and under such circumstances as Owner would otherwise be entitled by the Development Plan; or (c) do not prevent Owner from commencing, prosecuting, and finishing grading of the land, constructing public and private improvements, and occupying the Property, or any portion thereof, all at such dates and schedules as Owner would otherwise be entitled to do so by the Development Plan. (vi) The City shall not be prohibited from applying Project Subsequent Land Use Regulations that do not affect permitted uses of the land, density, design, public improvements (including construction standards and specifications) or the rate of development of the Development, nor shall the City be prohibited from denying or conditionally approving any Subsequent Development applications on the basis of such subsequent Land Use Regulations. 4.5 Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of the City possess authority to regulate aspects of the development of the Property separately from or jointly with the City, and this STATUTORY AGREEMENT does not limit the authority of such other public agencies. The City shall reasonably cooperate with other public agencies processing Development Approvals for the Project. 4.6 Tentative Subdivision Map and Development Approvals Lifespan. The term of any tentative subdivision map shall be in effect for a period of fifteen (15) years, and may be extended pursuant to the provisions of the California Subdivision Map Act (Government Code §§ 66410 et seq.) All Development Approvals shall not expire if Owner commences substantial construction of the Project within one (1) years from the Effective Date of this STATUTORY AGREEMENT. "Substantial Construction" means the issuance of a building permit in furtherance of the Project. 4.7 Satisfaction of Conditions of Approval. Owner shall comply with any and all conditions of approval for any entitlement, permit, or license it receives from the City. 4.8 Subsequent Entitlements. Prior to commencement of construction of the Project, Owner shall be required to submit applications for any and all subsequent entitlements, if any, consistent with the terms and conditions set forth in this STATUTORY AGREEMENT. In 4.9 City Records Inspection. Owner acknowledges and agrees that the City is empowered to examine Owner's books and records, including tax returns. The City has the power and authority to examine such books and records at any reasonable time, including but not limited to, during normal business hours. If the City wishes to inspect the areas of the Property where the cannabis is being cultivated or manufactured, City may do so at any time with no prior notice to Owner. In addition, City agrees that all of its employees or agents which enter the cultivation, manufacturing, and curing areas shall follow all of the policies and guidelines imposed on Owner's employees, including without limitation, the wearing of any clothing or equipment to insure that no pests or impurities shall enter the cultivation and curing areas. ARTICLE 5. PUBLIC BENEFITS. 5.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs which will not be fully met by the Development Plan and further acknowledge and agree that this STATUTORY AGREEMENT confers substantial private benefits on Owner which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on Owner by providing more fully for the satisfaction of the public needs resulting from the Project. 5.2 For the first year, Owner will pay the City a total of $220,000 as a Fee. This fee is calculated based on $10.00 a square foot of permit space and a permit which allows up to 22,000 sq. feet total for all authorized uses. 5.3 In year two, three and four, the Fee will remain at $10.00 per sq. foot for a total of $220,000 per year. 5.4 At the beginning of year five, Owner will pay a Fee of $12.00 per sq. foot for a total of $264,000 per year. 5.5 The Fee schedule is as follows: The first Fee payment of $110,000 is due six months from the date the STATUTORY AGREEMENT is signed by the Mayor of Baldwin Park. The second and last payment for the first year is due six months after the first payment is made. For the years 2 through 15, the fee schedule is as follows: divide the total Fee for the respective year into four and make four equal payments due at the end of each quarter of the respective year. 5.6 The Fee is subject to reassessment by the City every five years. At the end of year five, the City will set a new Fee which will be applied in years 6 through 10. At the end of year 10, the City will set new Fee which will be applied in years 11 through 15. No one factor is dispositive in the City's determination of the new Fee. The Cannabis permit will expire at the close of the 15th year and will require the Owner to reapply with the City for a new permit. If Owner and City cannot agree to a new Fee or Fees by October 5, 2024, this STATUTORY AGREEMENT will automatically terminate on October 5, 2024 without further notice. 5.7 Further, Owner will pay a yearly payment of $50,000 to the City that can be used to mitigate the impact of the cannabis business on the City and its resources which includes but is not limited to, to use to pay a part of a police officer's salary and/or benefits. -10- This $50,000 amount will be due five working days after the STATUTORY DEVELOPMENT AGREEMENT is signed by the Mayor. Subsequent annual payments will be due on that anniversary date. This fee will be paid each year that the permit is valid. 5.8 Jobs and Wage Creation. 5.8.1 Local Hiring. Owner agrees to use its reasonable efforts to hire qualified City residents for jobs at the Project. Owner shall also use reasonable efforts to retain the services of qualified contractors and suppliers who are located in the City or who employ a significant number of City residents. At least 20 percent of the Project's workforce shall consist of residents of the City. Job announcements shall be posted at City Hall, along with proof that the job announcements were advertised in at least two newspapers published, printed or distributed in the City and on various social media sites accessible to the general public. In addition, Owner shall make a good faith effort to advertise job announcements at local job fairs, on local radio and through public agencies and organizations. 5.9 Development Agreement Administrative Fee Deposit. Owner shall be responsible for all of the City's actual costs associated with processing Development Approvals for the Project including, but not limited to, costs associated with the City's review and processing of the Project, including but not limited to reviewing the Project's entitlements, including all environmental clearance documents, permits, licenses and all documents evidencing compliance with state and local law. Upon approval of the STATUROTY AGREEMENT, within five business days of approval, Owner must deposit $15,000 with the City for the purpose of reimbursing the City for any associated costs with processing the Project, as detailed above and reimbursing the City for its actual costs incurred in drafting and processing this STATUTORY AGREEMENT. Owner will be liable for the City's actual costs incurred in processing future Development Approval applications. City acknowledges and agrees that this payment is not merely a deposit, but is a cap on the amount of the City's actual costs incurred in processing this STATUTORY AGREEMENT. ARTICLE 6. DISTRIBUTION AND TRANSPORTATION 6.1 Transportation of Cannabis. All pickups and drop offs of cannabis and cannabis products into and out of the City of Baldwin Park shall be by the exclusive distributor, Rukli, Inc., or such other company should Rukli, Inc. no longer hold that right. Owner shall not, on its own or through any person or entity, arrange for pickups or drop offs of cannabis or cannabis products into or out of the City of Baldwin Park for any purpose, except by the exclusive distributor. 6.2 Distribution of Cannabis. Owner shall distribute its cannabis and cannabis products only through the City's exclusive distributor. Owner shall cooperate fully with the City's exclusive distributor regarding the accounting for product, revenue and tax collection. 6.3 Owner and the City's exclusive distributor shall reach their own agreement regarding fees for the exclusive distributor's services. -11- ARTICLE 7. REVIEW FOR COMPLIANCE. 7.1 Periodic Review. The City Council shall review this STATUTORY AGREEMENT annually, on or before each anniversary of the Effective Date, in order to ascertain Owner's good faith compliance with this STATUTORY AGREEMENT. During the periodic review, Owner shall be required to demonstrate good faith compliance with all the terms of the STATUTORY AGREEMENT. 7.2 Special Review. The City Council may order a special review of compliance with this STATUTORY AGREEMENT at any time, if the City determines that Owner is in breach of this STATUTORY AGREEMENT. 7.3 Review Hearing. At the time and place set for the review hearing, Owner shall be given an opportunity to be heard. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this STATUTORY AGREEMENT, the City Council automatically terminate this STATUTORY AGREEMENT notwithstanding any other provision of this STATUTORY AGREEMENT to the contrary, or modify this STATUTORY AGREEMENT and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final, subject only to judicial review. 7.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review, the City Council determines that Owner is in compliance with this STATUTORY AGREEMENT, the City shall issue a Certificate of Agreement Compliance ("Certificate") to Owner stating that after the most recent periodic or special review, and based upon the information known or made known to the City Council, that (i) this STATUTORY AGREEMENT remains in effect and (ii) Owner is not in default. The City shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the City Council, regardless of whether or not the Certificate is relied upon by assignees or other transferees or Owner. 7.5 Failure to Conduct Review. The City's failure to conduct a periodic review of this STATUTORY AGREEMENT shall not constitute a breach of this STATUTORY AGREEMENT. 7.6 Cost of Review. The costs incurred by City in connection with the periodic reviews shall be borne by the City. The Owner is not liable for any costs associated with any City periodic review of this STATUTORY AGREEMENT. The Owner is not liable for costs incurred for reviews. ARTICLE 8. DEFAULTS AND REMEDIES. 8.1 Remedies in General. It is acknowledged by the parties that the City would not have entered into this STATUTORY AGREEMENT if it were to be liable in damages under this STATUTORY AGREEMENT, or with respect to this STATUTORY AGREEMENT or the application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure or delay by either party to perform any term or provision of this STATUTORY AGREEMENT shall constitute a default. In the event of alleged default or breach of any terms or conditions of this STATUTORY AGREEMENT, the party alleging such default or breach shall give the other -12- party thirty (30) days' notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this STATUTORY AGREEMENT through any state court, except that the City shall not be liable in monetary damages, unless expressly provided for in this STATUTORY AGREEMENT, to Owner, to any mortgagee or lender, or to any successors in interest of Owner if successors in interest are permitted under this STATUTORY AGREEMENT or mortgagee or lender, or to any other person, and Owner covenants on behalf of itself and all successors in interest, if successors in interest are permitted under this STATUTORY AGREEMENT, to the Property or any portion thereof, not to sue for damages or claim any damages: (i) For any breach of this STATUTORY AGREEMENT or for any cause of action which arises out of this STATUTORY AGREEMENT; or (ii) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this STATUTORY AGREEMENT, including, without limitation, any impairment or restriction which Owner characterizes as a regulatory taking or inverse condemnation; or (iii) Arising out of or connected with any dispute, controversy or issue regarding the application or request for a permit for cultivation, manufacturing and/or distribution or interpretation or effect of the provisions of this STATUTORY AGREEMENT. Owner hereby agrees to waive and/or release the City of Baldwin Park for any claim or claims or cause of action, not specifically and expressly reserved herein, which Owner may have at the time of execution of STATUTORY AGREEMENT relating to any application to the City of Baldwin Park including but not limited to, any application for any type of distribution, cultivation or manufacturing permit, any application for any distribution, cultivation or manufacturing rights, or any application for any distribution, cultivation or manufacturing license from the City of Baldwin Park. CALIFORNIA CIVIL CODE SECTION 1542 The Owner expressly acknowledges that this STATUTORY AGREEMENT is intended to include in its effect, a waiver without limitation, of all claims or causes of actions which have arisen and of which each side knows or does not know, should have known, had reason to know or suspects to exist in their respective favor at the time of execution hereof, that this STATUTORY AGREEMENT contemplates the extinguishment of any such Claim or Claims. The Owner specifically acknowledges and waives and releases the rights granted to Owner under California Civil Code Section 1542, which states as follows: " A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." -13- By expressly waiving the rights granted to Owner under California Civil Code Section 1542, the Owner represents that they understand and acknowledge that if they have suffered any injury, damage as a result of the application for or request for any permit from the City of Baldwin Park and (i) they are not presently aware of any damage or injury, or (ii) any damage or injury has not yet manifested itself, any claims for any such damage or injury are forever released and discharged. Nothing contained herein shall modify or abridge Owner's rights or remedies (including its rights for damages, if any) resulting from the exercise by the City of its power of eminent domain. Nothing contained herein shall modify or abridge Owner's rights or remedies (including its rights for damages, if any) resulting from the grossly negligent or malicious acts of the City and its officials, officers, agents and employees. Nothing herein shall modify or abridge any defenses or immunities available to the City and its employees pursuant to the Government Tort Liability Act and all other applicable statutes and decisional law. Except as set forth in the preceding paragraph relating to eminent domain, Owner's remedies shall be limited to those set forth in this Section 8.1, Section 8.2, and Section 8.3. 8.2 Specific Performance. The parties acknowledge that money damages and remedies at law are inadequate, and specific performance and other non - monetary relief are particularly appropriate remedies for the enforcement of this STATUTORY AGREEMENT and should be available to all parties for the following reasons: (i) Except as provided in Sections 8. 1, money damages are unavailable against the City as provided in Section 8.1 above. (ii) Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this STATUTORY AGREEMENT has begun. After such implementation, Owner may be foreclosed from other choices it may have had to use the Property or portions thereof. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this STATUTORY AGREEMENT and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this STATUTORY AGREEMENT, and it is not possible to determine the sum of money which would adequately compensate Owner for such efforts; the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis. 8.3 Termination of STATUTORY AGREEMENT for Default of the City. Owner may terminate this STATUTORY AGREEMENT only in the event of a default by the City in the performance of a material term of this STATUTORY AGREEMENT and only after providing written notice to the City of default setting forth the nature of the default and the actions, if any, required by the City to cure such default and, where the default can be cured, the City has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to -14- commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default 8.4 Owner Default. No building permit shall be issued or building permit application accepted for any structure on the Property after Owner is determined by the City to be in default of the terms and conditions of this STATUTORY AGREEMENT until such default thereafter is cured by Owner or is waived by the City. If the City terminates this STATUTORY AGREEMENT because of Owner's default, then the City shall retain any and all benefits, including money or land received by the City hereunder. ARTICLE 9. THIRD PARTY LITIGATION. 9.1 General Plan Litigation. The City has determined that this STATUTORY AGREEMENT is consistent with its General Plan. Owner has reviewed the General Plan and concurs with the City's determination. The City shall have no liability under this STATUTORY AGREEMENT or otherwise for any failure of the City to perform under this STATUTORY AGREEMENT, or for the inability of Owner to develop the Property as contemplated by the Development Plan, which failure to perform or inability to develop is as the result of a judicial determination that the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law, or that this STATUTORY AGREEMENT or any of the City's actions in adopting it were invalid, inadequate, or not in compliance with law. Notwithstanding the foregoing, neither party shall contend in any administrative or judicial proceeding that any STATUTORY AGREEMENT or any Development Approval is unenforceable based upon federal, state or local statutes, ordinances or regulations in effect on the Effective Date. 9.2 Hold Harmless Agreement. Owner hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Owner or Owner's contractors, subcontractors, agents, or employees operations under this STATUTORY AGREEMENT, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, agents, or employees operations under this STATUTORY AGREEMENT, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Owner or any of Owner's contractors or subcontractors. Owner agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations. 9.3 Indemnification. Owner shall defend, indemnify and hold harmless City and defend its agents, officers and employees against and from any and all liabilities, demands, lawsuits, claims, government claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which the City or its City Council members may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this STATUTORY AGREEMENT and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Property; (ii) if applicable, the environmental impact report, mitigated negative -15- declaration or negative declaration, as the case may be, prepared in connection with the development of the Property; and (iii) the proceedings or procedure undertaken in connection with the adoption or approval of any permit any of the above. In the event of any legal or equitable action or other proceeding instituted by anyone against the City or its City Council, any third party (including a governmental entity or official) challenging the validity of any provision of this STATUTORY AGREEMENT or the procedure upon which the permit was issued, or any portion thereof as set forth herein, the parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, the City, at is sole option, may tender to Owner and Owner agrees to accept any such tender of the complete defense of any third party challenge as described herein. In the event the City elects to contract with special counsel to provide for such a defense, the City may do so in its sole discretion and Owner will be required to pay the defense costs of the City as the costs are incurred. Owner agrees to pay any and all attorneys' fees or retainer regarding the selection of counsel, and Owner shall pay all costs and all attorneys' fees related to retention of such counsel. 9.4 Environmental Contamination. Owner shall indemnify and hold the City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of the Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting any acts or omissions of City as successor to any portions of the Property dedicated or transferred to City by Owner, for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys' fees, the City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. The City may in its discretion participate in the defense of any such claim, action or proceeding. The provisions of this Section 9.4 do not apply to environmental conditions that predate Owner's ownership or control of the Property or applicable portion; provided, however, that the foregoing limitation shall not operate to bar, limit or modify any of Owner's statutory or equitable obligations as an owner or seller of the Property. 9.5 The City May Choose its Own Counsel. With respect to Sections 9.1 through 9.4, the City reserves the right to select its own special counsel or otherwise engages special counsel to defend the City hereunder, which fees will be paid by Owner. 9.6 Accept Reasonable Good Faith Settlement. With respect to Article 9, the City shall not reject any reasonable good faith settlement. Before accepting any such settlement offer, City shall notify Owner of the offer and provide Owner with a copy of the offer. If Owner disagrees with the City's intention to accept the offer, prior to the City's response to any offer, the parties shall meet and confer in order to attempt to resolve the parties' differences. If the City does reject a reasonable, good faith settlement that is acceptable to Owner, Owner may enter into a settlement of the action, as it relates to Owner, and the City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgments rendered in connection with such action. This Section 9.6 applies exclusively to settlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation. Owner and the City expressly agree that this Section 9.6 does not apply to any settlement that requires -16- an exercise of the City's police powers, limits the City's exercise of its police powers, or affects the conduct of the City's municipal operations. 9.7 Administrative Actions. The parties acknowledge that in the future there could be claims, enforcement actions, requests for information, subpoenas, criminal or civil actions initiated or served by either the Federal Government or the State Government in connection with Owner's development, operation and use of the Property (collectively, "Actions"). The City shall not disclose information and documents to the Federal Government or State Government, its officers, or agents regarding any party to this STATUTORY AGREEMENT absent a grand jury subpoena, civil or administrative subpoena, warrant, discovery request, summons, court order or similar process authorized under law hereinafter called "Governmental Notice". If any Action is brought by either the Federal or State Government, City shall immediately notify Owner of the nature of the Claim including all correspondence or documents submitted to the City. Prior to responding to the Governmental Notice, City shall provide Owner ten (10) days from the date of such notice subpoena or the like to serve and obtain on the City a protective order, or the like, from a court of competent jurisdiction. 9.8 Survival. The provisions of Sections 9.1 through 9.7 inclusive, shall survive the termination or expiration of this STATUTORY AGREEMENT, until such time as the uses of the Property established in the Development Plan are permanently terminated. ARTICLE 10. THIRD PARTY LENDERS, ASSIGNMENT & SALE. 10.1 Encumbrances. The parties hereto agree that this STATUTORY AGREEMENT shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. 10.2 Lender Requested Modification/Interpretation. The City acknowledges that the lenders providing such financing may request certain interpretations and modifications of this STATUTORY AGREEMENT and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. The City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this STATUTORY AGREEMENT and as long as such requests do not minimize, reduce, curtail, negate or in any way limit City's rights under this STATUTORY AGREEMENT. ARTICLE 11. MISCELLANEOUS PROVISIONS. 11.1 Entire Agreement. This STATUTORY AGREEMENT sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly contained herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this STATUTORY AGREEMENT, provided, however, City at its option may rely on -17- statements by Owner's agents at the public hearings leading to the City's approval of the project or on written documents by Owner's agents that are a part of the public record. 11.2 Severability. If any term, provision, covenant or condition of this STATUTORY AGREEMENT shall be determined invalid, void or unenforceable, by a court of competent jurisdiction, the remainder of this STATUTORY AGREEMENT shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this STATUTORY AGREEMENT. The foregoing notwithstanding, the provision of the public benefits set forth in Article 5, including the payment of the fees set forth therein, are essential elements of this STATUTORY AGREEMENT and the City would not have entered into this STATUTORY AGREEMENT but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void or unenforceable, at the City's option this entire STATUTORY AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever. The foregoing notwithstanding, the development rights set forth in Article 4 of this STATUTORY AGREEMENT are essential elements of this STATUTORY AGREEMENT and Owner would not have entered into this STATUTORY AGREEMENT but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void or unenforceable, at Owner's option this entire STATUTORY AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever. 11.3 Interpretation and Governing Law. This STATUTORY AGREEMENT and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This STATUTORY AGREEMENT shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this STATUTORY AGREEMENT, since all parties were represented by counsel in the negotiation and preparation hereof. 11.4 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this STATUTORY AGREEMENT. 11.5 Singular and Plural; Gender, and Person. Except where the context requires otherwise, the singular of any word shall include the plural and vice versa, and pronouns inferring the masculine gender shall include the feminine gender and neuter, and vice versa, and a reference to "person" shall include, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of business entity. 11.6 Time of Essence. Time is of the essence in the performance of the provisions of this STATUTORY AGREEMENT as to which time is an element. 11.7 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this STATUTORY AGREEMENT by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of -18- such party's right to insist and demand strict compliance by the other party with the terms of this STATUTORY AGREEMENT thereafter. 11.8 No Third Party Beneficiaries. The only parties to this STATUTORY AGREEMENT are Owner and the City. This STATUTORY AGREEMENT is made and entered into for the sole protection and benefit of the parties and their successors and assigns. There are no third party beneficiaries and this STATUTORY AGREEMENT is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever. 11.9 This STATUTORY AGREEMENT when signed and executed by Owner and the Mayor of Baldwin Park supercedes any previous agreements and renders them null and void. 11.10 INTENTIONALLY BLANK 11.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 11.12 Counterparts. This STATUTORY AGREEMENT may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 11.13 Jurisdiction and Venue. Any action at law or in equity arising under this STATUTORY AGREEMENT or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this STATUTORY AGREEMENT shall be filed and prosecuted in the Superior Court of the County of Los Angeles, State of California, and the parties hereto waive all provisions of federal or state law or judicial decision providing for the filing, removal or change of venue to any other state or federal court, including, without limitation, Code of Civil Procedure Section 394. 11.14 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this STATUTORY AGREEMENT. No partnership, joint venture or other association of any kind is formed by this STATUTORY AGREEMENT. The only relationship between the City and Owner is that of a government entity regulating the development of private property and the owner of such property. 11.15 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this STATUTORY AGREEMENT and the satisfaction of the conditions of this STATUTORY AGREEMENT. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this STATUTORY AGREEMENT to carry out the intent and to fulfill the provisions of this -19- STATUTORY AGREEMENT or to evidence or consummate the transactions contemplated by this STATUTORY AGREEMENT. 11.16 Eminent Domain. No provision of this STATUTORY AGREEMENT shall be construed to limit or restrict the exercise by the City of its power of eminent domain. 11.17 Agent for Service of Process. In the event Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer, resident of the State of California, or if it is a foreign corporation, then Owner shall file, upon its execution of this STATUTORY AGREEMENT, with the Chief Executive Officer or his or her designee, upon its execution of this STATUTORY AGREEMENT, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this STATUTORY AGREEMENT, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process out of the County of Los Angeles and such service shall constitute valid service upon Owner. Owner is amenable to the process so described, submits to the jurisdiction of the Court so obtained, and waives any and all objections and protests thereto. 11.18 Authority to Execute. The person or persons executing this STATUTORY AGREEMENT on behalf of Owner warrants and represents that he/she/they have the authority to execute this STATUTORY AGREEMENT on behalf of his/her/their corporation, partnership or business entity and warrants and represents that he/she/they has/have the authority to bind Owner to the performance of its obligations hereunder. Owner shall each deliver to City on execution of this STATUTORY AGREEMENT a certified copy of a resolution and or minute order of their respective board of directors or appropriate governing body authorizing the execution of this STATUTORY AGREEMENT and naming the officers that are authorized to execute this STATUTORY AGREEMENT on its behalf. Each individual executing this STATUTORY AGREEMENT on behalf of his or her respective company or entity shall represent and warrant that: (i) The individual is authorized to execute and deliver this STATUTORY AGREEMENT on behalf of that company or entity in accordance with a duly adopted resolution of the company's board of directors or appropriate governing body and in accordance with that company's or entity's articles of incorporation or charter and bylaws or applicable formation documents; and (ii) This STATUTORY AGREEMENT is binding on that company or entity in accordance with its terms; and (iii) The company or entity is a duly organized and legally existing company or entity in good standing; and (iv) The execution and delivery of this STATUTORY AGREEMENT by that company or entity shall not result in any breach of or constitute a default under any mortgage, deed of trust, loan agreement, credit agreement, partnership agreement, or -20- other contract or instrument to which that company or entity is party or by which that company or entity may be bound. 11.19 Nexus/Reasonable Relationship Challenges. Owner agrees that the fees imposed are in fact reasonable and related to the mitigation of the negative impacts of the business on the City and consents to, and waives any rights it may have now or in the future to challenge the legal validity of, the conditions, requirements, policies or programs set forth in this STATUTORY AGREEMENT including, without limitation, any claim that the terms in this STATUTORY AGREEMENT constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, and/or impose an unlawful tax. 11.20 [RESERVED] 11.21 No Damages Relief Against the City. The parties acknowledge that the City would not have entered into this STATUTORY AGREEMENT had it been exposed to damage claims from Owner, or anyone acting on behalf of Owner for any breach thereof. As such, the parties agree that in no event shall Owner, or Owners' partners, or anyone acting on behalf of Owner be entitled to recover damages against City for breach of this STATUTORY AGREEMENT. 11.22 Laws. Owner agrees to comply with all applicable state, regional, and local laws, regulations, polices and rules. In addition, Owner further agrees to comply with all issued entitlements, permits, licenses, including any and all applicable development standards. Specifically, Owner agrees to comply with all applicable provisions of BPMC. 11.23 Compliance with Conditions of Approval. Owner agrees to comply with and fulfill all conditions of approval for any and all entitlement, permits, and/or licenses it receives from the City. All conditions of approval for all entitlements, permits and/or licenses are attached hereto and incorporated herein by this reference. 11.24 The City acknowledges that this STATUTORY AGREEMENT shall be read consistent with any statewide or national regulation of commercial cannabis that is promulgated in the future, either by legislative action or voter approval. In the event national or statewide regulations are promulgated which decriminalize or legalize the adult -use of marijuana for recreational use, this STATUTORY AGREEMENT shall govern the conduct of the property under such future regulations. -21- IN WITNESS WHEREOF, the parties hereto have caused this STATUTORY AGREEMENT to be executed as of the dates written above. CITY OF BALDWIN PARK ESOURCE LLC By: Manuel Lozano, Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: By: Robert N. Tafoya, City Attorney -22- By: President, ERIK INTERMILL APPROVED AS TO FORM: By: Legal Counsel for ESOURCE LLC ATTACHMENT #2 ORDINANCE 1440 ORDINANCE 1440 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ESOURCE LLC FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 1529 VIRGINIA AVENUE (APN 8558-032-031) WITHIN THE CITY OF BALDWIN PARK WHEREAS, a Development Agreement with the City of Baldwin Park will be required; and WHEREAS, a duly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on June 12, 2019, to receive comments and consider recommendation to City Council of the proposed Development Agreement; and WHEREAS, the Planning Commission at such hearing, did recommend that the City Council approve the proposed Agreement; and WHEREAS, the City Council held a duly noticed public hearing pursuant to law on the Agreement on June 19, 2019; and WHEREAS, the City Council has reviewed the Development Agreement (attached as Exhibit "A" herewith and incorporated herein by reference) and finds and declares that compliance with all notice, hearing, and procedural requirements as set forth by law have been met, thus allowing the City Council to review and consider the approval of the attached Development Agreement; and WHEREAS, the City Council hereby specifically finds that the provisions of the Development Agreement are consistent with the General Plan of the City; and WHEREAS, the City Council hereby specifically finds that the Development Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole; and WHEREAS, the City Council hereby specifically finds that the Development Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5.; and WHEREAS, as required by law, the City Council gave first reading to the proposed ordinance on June 19, 2019. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. In accordance with the provisions of the California Environmental Quality Act (CEQA), it has been determined that the proposed Development Agreement Projects (DA 19-01) will not have a significant impact of the environment and are Categorically Exempt pursuant to Article 19, Section 15301, Class 1, 'Existing Facilities' or Class 32, 'In -fill Development Projects'. Furthermore each of the locations is proposed within an existing building. SECTION 2. The City Council hereby adopts the following findings of fact required by Subchapter 153.210.860 of the City's Municipal Code relating to Development Agreements: 1. The Development Agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. Because both of the locations of the cannabis distribution business are located within the I -C, Industrial Commercial Zone, it is anticipated that the use of the property is consistent with the other light industrial uses within the area. The adoption of cannabis cultivation and manufacturing activities is also consistent with Goal 1.0 of the City's Economic development Element in the General Plan in that the City encourages and facilitates activities that expand the City's revenue base. Furthermore, Goal 6.0 of the same element encourages the expansion of the City's diverse industrial base. Policy 6.5 of Goal 6.0 encourages an on-going campaign with local businesses to hire local residents. This Development Agreement requires that a minimum of 20% of the businesses workforce shall consist of Baldwin Park residents. 2. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. Pursuant to Ordinance 1401, adopted by the City Council on August 16, 2017, effective on September 16, 2017 (and as subsequently amended by Ordinance 1403 refining the measurement of distances and further amended by Ordinance 1408) cannabis cultivation, manufacturing and distribution activities are allowed within the City provided all of the development standards in Chapter 127 of the City's Municipal Code are met. Dispensaries remain prohibited throughout the City. 3. The Development Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. The Development Agreement is in conformance with the general area and City as a whole as it is located within the I -C, Industrial Commercial Zone surrounded by lighter industrial, uses. The use exceeds the distance requirement of fifty (50) feet between cannabis uses and the closest residential zone; furthermore, pursuant to Section 127.07.E.1 of the City's Municipal Code, the cannabis use is not nearby any sensitive uses such as schools, day care centers, parks or youth centers. Security measures for the facility include, alarms, video surveillance, and a comprehensive employee training program. 4. The Development Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Pursuant to the City Attorney's Office along with review by the Planning Division Staff, the Development Agreement (Reference Attachments #2 through #5 to the Planning Commission and City Council staff report dated June 12, 2019) is consistent with California Government Code Sections 65864-65869.5. SECTION 3. The City Council hereby approves and adopts the Development Agreement, in the form as attached hereto as Exhibit "A", and authorizes and directs the Mayor to sign it in the name of the City of Baldwin Park. SECTION 4. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. First read at a regular meeting of the City Council of the City of Baldwin Park held on the 19th day of June, 2019, and adopted and ordered published at a regular meeting of said Council on the 19th day of June, 2019. PASSED, APPROVED, AND ADOPTED this 19th day of June, 2019. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on June 19, 2019. Thereafter, said Ordinance No. 1440 was duly approved and adopted at a regular meeting of the City Council on June 19, 2019 by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK ATTACHMENT #3 PLANNING COMMISSION RESOLUTION 19-10 RESOLUTION PC 19-10 A RESOLUTION OF THE PLANNING COMMSISION OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE 1440 AND APPROVE THE DEVELOPMENT AGREEMENT 19-01 FOR THE MANUFACTURING OF ADULT AND/OR MEDICINAL CANNABIS AT 1529 VIRGINIA AVENUE (LOCATION: APN: 8558-032-018; APPLICANT ESOURCE LLC.; CASE NUMBER: DA 19-01). WHEREAS, an application, CAN 18-01, was received from ESource LLC ("applicant") at 1529 Virginia Avenue ("subject site"); a request to establish a facility to manufacture adult and/or medical cannabis products on a parcel within the Industrial Commercial (IC) zone, pursuant to Chapter 27 of the City of Baldwin Park Municipal Code; and WHEREAS, a development agreement ("Exhibit A") was negotiated and agreed upon; and WHEREAS, Section 127.06 of the City of Baldwin Park Municipal Code (BPMC) requires the applicant to enter into a development agreement with the City prior to operating in the City and as a condition of issuance of a Permit; and WHEREAS, the purpose and intent of the development agreement is to set forth the terms and conditions under which the facility will operate that is in addition to the requirements of Chapter 27 of the BPMC, including but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed upon, approval of architectural plans (including site plan, floor plan and elevations to conform with manufacturing uses under the Baldwin Park Municipal Code), and such other terms and conditions that will protect and promote public health, safety, and welfare of all persons in the City; and WHEREAS, Section 153.210.850 of the BPMC requires the Planning Commission make a recommendation to the City Council on a development agreement application for approval, approval with modifications or denial of the application; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) this project will not have a significant effect on the environment and is listed as a Class 1 Categorical Exemption. Class 1 consists of minor alterations of existing structures involving negligible or no expansion of use beyond that existing; and WHEREAS, Development Agreement 19-01 has been reviewed by the Planning Commission on June 12, 2019 at a duly noticed public hearing. NOW, THEREFORE, IT BE RESOLVED AS FOLLOWS: SECTION 1. The proposed use is a manufacturing facility to manufacture cannabis adult and/or medical cannabis products. It is being established in the Industrial DA 19-01 June 12, 2019 Page 2 Commercial (IC) Zone and with the terms define in Chapter 127 of the BPMC. Therefore, establishment of the proposed use is consistent with the purpose and intent of the BPMC, and of the Industrial zone and General Plan land use designation. SECTION 2. The Planning Commission does hereby adopt the Findings of Fact applicable to all Cannabis Permittees: 1) The development agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. Because the location of the cannabis cultivation/manufacturing business is located within the IC, Industrial Commercial Zone, it is anticipated that the use of the property is consistent with the other light industrial uses within the area. The adoption of cannabis cultivation and manufacturing activities is also consistent with Goal 1.0 of the City's Economic development Element in the General Plan in that the City encourages and facilitates activities that expand the City's revenue base. Furthermore, Goal 6.0 of the same element encourages the expansion of the City's diverse industrial base. Policy 6.5 of Goal 6.0 encourages an on-going campaign with local businesses to hire local residents. This Development Agreement requires that a minimum of 20% of the businesses workforce shall consist of Baldwin Park residents. 2) The development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. Pursuant to Ordinance 1401, adopted by the City Council on August 16, 2017, effective on September 16, 2017 (and as subsequently amended by Ordinance 1403 refining the measurement of distances) cannabis cultivation, manufacturing and distribution activities are allowed within the City provided all of the development standards in Chapter 127 of the City's Municipal Code are met. Dispensaries remain prohibited throughout the City. 3) The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. The development agreement is in conformance with the general area and City as a whole as it is located within the IC, Industrial Commercial Zone surrounded by lighter industrial uses. The use exceeds the distance requirement of fifty (50) feet between cannabis uses and the closest residential zone; furthermore, pursuant to Section 127.07.E.1 of the City's Municipal Code, the cannabis use is not nearby any sensitive uses such as schools, day care centers, parks or youth centers. A comprehensive security plan was provided which addresses security of the facility from all angles, thereby reducing the potential for any negative impacts from the DA 19-01 June 12, 2019 Page 3 facility on the neighborhood and the city. 4) The development agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Pursuant to the City Attorney's Office along with review by the Planning Division Staff, the Development Agreement is consistent with California Government Code Sections 65864-65869.5. SECTION 3. That the Planning Commission recommends that the City Council approve the proposed Development Agreement for the proposed manufacturing facility of adult and/or medical cannabis products, pursuant to the Findings of Fact for DA 19-01 identified in Section 2 of this resolution; and SECTION 4. The Secretary shall certify to the adoption of this Resolution and shall forward a copy hereof to the City Clerk. PASSED AND APPROVED on the 12th day of June, 2019. KEVIN P. ROONEY, CHAIR BALDWIN PARK PLANNING COMMISSION ATTEST: RON GARCIA, SECRETARY BALDWIN PARK PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, RON GARCIA, Secretary of the Baldwin Park Planning Commission, do hereby certify that the foregoing Resolution No. PC 19-10 was duly and regularly approved and adopted by the Planning Commission at a regular meeting thereof, held on the 12th day of June, 2019 by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: RON GARCIA BALDWIN PARK PLANNING COMMISSION ATTACHMENT #4 Vicinity Map NO 2- VICINITY MAP CASE NUMBER: DA 19-01 LOCATION: 1529 Virginia Avenue APN: 8558-032-018 DATE: June 19, 2019 ATTACHMENT #5 Applicant Summary Chart DA 19-01 Location 1529 Virginia APN: 8558-032-018 Zoning of Subject Location IC, Industrial Commercial Principal Names Erik Intermill Company Name ESource LLC Term of Development Fifteen (15) years from 07/17/2019 Agreement December 31, 2019 and June 30, 2020 for Year #1 Payment Schedule Quarterly for Years #2 through #15—Four equal payments due at end of each quarter. Years #144 $220,000 Payment Amount Year #5--$264,000 —The Mitigation Fee is subject to reassessment by the City every five 5 ears. Floor Area of Buildings 3,510 s.f per City Records. Employee Requirements At least 20% of the Project's workforce shall consist of residents of the City. ATTACHMENT #6 Findings of Fact DA 19-01 FINDINGS OF FACT 1) The development agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. Because the location of the cannabis cultivation/manufacturing business is located within the IC, Industrial Commercial Zone, it is anticipated that the use of the property is consistent with the other light industrial uses within the area. The adoption of cannabis cultivation and manufacturing activities is also consistent with Goal 1.0 of the City's Economic development Element in the General Plan in that the City encourages and facilitates activities that expand the City's revenue base. Furthermore, Goal 6.0 of the same element encourages the expansion of the City's diverse industrial base. Policy 6.5 of Goal 6.0 encourages an on-going campaign with local businesses to hire local residents. This Development Agreement requires that a minimum of 20% of the businesses workforce shall consist of Baldwin Park residents. 2) The development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. Pursuant to Ordinance 1401, adopted by the City Council on August 16, 2017, effective on September 16, 2017 (and as subsequently amended by Ordinance 1403 refining the measurement of distances) cannabis cultivation, manufacturing and distribution activities are allowed within the City provided all of the development standards in Chapter 127 of the City's Municipal Code are met. Dispensaries remain prohibited throughout the City. 3) The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. The development agreement is in conformance with the general area and City as a whole as it is located within the IC, Industrial Commercial Zone surrounded by lighter industrial uses. The use exceeds the distance requirement of fifty (50) feet between cannabis uses and the closest residential zone; furthermore, pursuant to Section 127.07.E.1 of the City's Municipal Code, the cannabis use is not nearby any sensitive uses such as schools, day care centers, parks or youth centers. DA 19-01 A comprehensive security plan was provided which addresses security of the facility from all angles, thereby reducing the potential for any negative impacts from the facility on the neighborhood and the city. 4) The development agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Pursuant to the City Attorney's Office along with review by the Planning Division Staff, the Development Agreement is consistent with California Government Code Sections 65864-65869.5. ATTACHMENT #7 Application CANNABIS PERMIT APPLICATION Page 1 of 7 CANNABIS PERMIT APPLICATION This application pertains to a discretionary permit. However, unlike typical discretionary permits, this application process is a competitive process with a limit on the number of applications that will be selected. All fees paid are nonrefundable regardless of outcome. A "non -vesting" Development Agreement will need to be agreed upon in order to receive a permit. This "non -vesting" Development Agreement is also discretionary and involves a competitive process. Due to City staffing constraints, applicants are directed to schedule appointments with the Planning Division to submit applications. Otherwise, there is no guarantee that a city planner will be available to take in applications:.. Applications may not be dropped off without review from a city planner. Further, no mailed or e-mailed applications will be accepted. Business Name: 0SN00(ce,1 Business Contact (Individual): 4:::�_r ; i;�_ M►1� Business Contact Title: �. - Business Contact Mailing Address: u`i�i'D Iry �(— A��• Primary phone N0.; b �..• Emergency Contact Name & Phone No.: E-mail: P EIA t- kA o %toa,iy • Ccs Permit Being Requested: Please mark all applicable boxes below to identify which cannabis operations permits you are seeking through this Cannabis Permit Application. A separate application and fee is not necessary for each category type in which you are submitting an application for consideration. One application and application fee suffices for all categories (e.g., Cultivation and Manufacturing). However, you must include in your application package all the information requested for each category you seek to operate. For example, if you are seeking to manufacture AND cultivate, you will need to include both uses in your Business Plan, Neighborhood Plan, Security Plan, etc. 11 Cliir.ivdtiuri: Square ruGtays: Er Manufacturing: Square Footage: ❑ Testing: Square Footage: ❑ Distribution (Transportation) BP. Appt:CiliU l.Ciiiiui v;S.aDCr;il;l. A I n ,/, t 4 CC:i -ACcun�l��b f�)Y) CANNABIS PERMIT APPLICATION Page 2 of ? Section A: Primary Background Information (Must be signed by all Principals) Under penalty of perjury, and the laws of the State of California, I hereby declare and acknowledge that I have personal knowledge of the information stated in this application and that the information contained herein is true and correct. I also understand that the information provided in this application, except the Safety and Security Plan in Section C and certain confidential information such as driver's license and social security number which can be redacted, may be public information and subject to disclosure under the California Public Records Act. Attachments. ��Pictures Receipt of background check and Live Scan (2) of applicant (two passport quality photographs 2" x 2") Copy of Social Security Card Copy of Valid Driver's License, Valid DMV issued ID Card or Valid Passport Proof of address (DMV -issued ID/driver's license, and/or recent utility bill under Principal's name) Staff use only: Pass background check ❑ Add more pages as .necessary to include signatures of all Cannabis Permit Principals (and Landlord, if applicable). 1. List whether the applicant(s) has/have other licenses and/or permits issued to and/or revoked from the applicant in the three years prior to the year of the permit application. This list should include such other licenses and or permits relating to similar business activities as in the permit application. If applicable, please list the type, current status, issuing/denying for each license/permit. Please attach a separate document to fully explain, if necessary. BP.Application.Cannabis_Permit.Appl.4.26.18. doex CANNABIS PERMIT ADDI CATION ` P3ge 3 of 7 2. List any and all partners or principals who have been found guilty of (a) a violent felony, (b) a felony or misdemeanor involving fraud, deceit, embezzlement, or moral turpitude, or (c) the illegal use, possession, transportation or distribution (or similar activities) related to controlled substances, as defined in the Federal Controlled Substance Act, with the exception of medical cannabis -related offenses for which the conviction occurred after the passage of the Compassionate Use Act of 1996. Please attach a separate document to fully explain, if necessary. Section B: Business Organizational Structure/Status 1. Describe the commercial cannabis business organizational structure/status;,. 2. Attach proof of status, such as articles of incorporation, by-laws, partnership agreements, and other documentation as may be appropriate or required by the City. Section C: Commercial Cannabis Business Description and Location 1. Statement of Purpose of Commercial Cannabis Business (a separate sheet may be attached) An t4ab' 4. Name and Address of School Closest to Proposed Location: �oskN dr Ic n.� IfA00 F- r Ayt, r ' A It Ixp BP.Application. Cannabis. Permit. Appl.4.26.1 8. docx CANNABIS PERMIT APPLICATION Piga A of 7 5. Description of neighborhood around the proposed location (i.e., surrounding uses, nearby sensitive uses such as churches, schools, parks, or libraries) and transit access to site. A separate sheet may be attached. f IATJWMOUeII■:P. r Required Plan Submittals (Plans shall be drawn to scale): 1. Site Plan for each potential location. The Site Plan must be dimensioned and show the entire parcel, including parking and additional structures. 2. Conceptual Building Elevations if new construction. If existing buildings, include any proposed exterior building alterations if applicable. 3. Floor Plans, including any proposed interior alterations. •4. Viciri ty Map,, It is the Applicant's responsibili#y to Ove to the City thot.t to cannaois operation's location is at least Bt�.l from all sensitive uses atiZ5'0 fele t'rom all res'laentil�t,zones. The measurement is from property line to property line on such low" owever in 'the case of commercial condominiums, measurement is taken from the airspace property line. 5. Photos of the site and building(s) from all sides/directions. Section u: Required Supplemental Information This information is required for this application to be considered complete. Attach the following reports to the application. Imoi Neighborhood Compatibility Plan t Safety and Security Plan L''Air Quality Plan Business Plan Radius Map Package: 300 foot radius ownership map (from property lines), 1 copy of the property owner 2 ropies o property owner list prepare' on gummed label), and notarizedIlst for M1ONellleJ with 300 Gel A jdavlt of Accuracy of Property Owner's List. Develo ment Agreement Attachments: Legal Description of the ro property and a Vicinity Ma P 9 9p P Y tY p Background Check Authorization Form and Live -Scan Request and Receipt'` * Both must be submitted for State Clearance: BP. Applicat ion. Cannabis. Permit. Appl.4.26.18.docx CANNABIS PERK T ADDI If AMN Hage S of 7 ❑ State Clearance by Baldwin Park Police Department Section E: Final Location Information Multiple sites per application can be considered. Attach proof of ownership of the site or signed statement from the owner. A signed lease document will also suffice. Section F: Essential Supplemental Information This information is required and you must submit this as part of meeting the requirements for a completed application. Check the box evidencing that you have submitted and attached to this Application the items described below. ultability of the proposed property: Applicant must demonstrate that the proposed location(s) exceeds ,,--,, all buffer zones established in the Cannabis Ordinance. L�Suitability of security plan: The Applicant's security plan must include the presence of security personnel on premises or patrolling the premises twenty-four (24) hours per day. The Applicant's security plan must demonstrate a method to track and monitor inventory so as to prevent theft or diversion of cannabis. The Applicant's security plan must describe the enclosed, locked facility that will be used to secure or store cannabis when the location is open and the steps taken to ensure cannabis is not visible to the public. The Applicant's security plan must include measures to prevent the diversion of cannabis LU perSOriS tinder the age Of tVJcniy-oi12 (21). Suitability of business plan and financial record keeping: The Applicant must describe a staffing plan that will provide and ensure safe dispensing, adequate security, theft prevention, and the maintenance �-, of confidential information. ud'fcCriminal history: Applicant must state that no Manager or Principal of an applicant has any violent or serious felony conviction(s) as specified in Sections 667.5 and 1192.7 of the Penal Code or any felony conviction involving fraud, deceit or emb=11enic1-1t. Applicant must identify any pending criminal complaint(s). The Applicant must certify, as a condition of maintaining the permit, that it will not employ any person with any type of violent or serious felony conviction(s) as specified in Sections 667.5 and 1192.7 of the Penal Code or any felony conviction involving fraud, deceit or embezzlement. Applicants must certify as a condition of maintaining the permit that they will not employ as managers or em loyees any person with any controlled substance related misdemeanor conviction. Regulatory compliance history: Where. an Applicant, its principal or managers own or operate other businesses, including medical cannabis facilities in Other jurisdictions, Applicant must provide a record of any citations, sanctions, investigations, suspensions or any time in which Applicant has had their license, permit, registration or authorization revoked for any reason, including criminal, patient safety, workplace safety, wage and hour, discrimination. Applicant must identify whether it has had a permit or license revoked by any city or the State of California. Applicants must also identify any administrative penalties assessed against their business. Good legal standing: Applicant must certify that the Cultivation and/or Manufacturing facility, including Its principals and managers acting in their uVJil onwlal capacities, have not vwlaicu any IOCay state Or federal tax, environmental, consumer protection, food safety, workplace safety, discrimination, human righ` employment, labor or other laws relevant to the operation of a cannabis business in the state. `CommunitY engagement: Applicants should identify any involvement in the community, other non-profit association, or neighborhood association. Applicant should identify the percentage of employees it guarantees will be hired from the City of Baldwin Park, if any. Applicant should identify if it is a minority- owned business. Applicant should have a comprehensive strategy to recruit, hire, promote and train a diverse workforce, including women, people of color, veterans, people with disabilities, LGB T O individuals and immigrants. BP.Application. Cannabis.Permit.Appl.4.26.18. docx CANNABIS PERMIT APPLICATION Page C of 7 ❑ Environmental impact: Application should indicate if the business uses renewable energy sources. Labor relations: Applicant shall state whether it provides employer -paid health insurance benefits for its employees as required by state and/or federal law. Applicant must establish that it provides equipment, standards and procedures for the safe operation of its facilities and engages employees on best practices. Applicant should identify if it provides training and educational opportunities for employee development. Applicant must certify that neither it nor its Principals have any previous record of violating federal or state laws relating to workplace safety, wages and compensation, discrimination, or union activity. Mitigation fees: The mitigation fee the business is willing to pay to the City must be included in the Development Agreement. A separate fee shall be identified for each cannabis operation category (i.e., Cultivation, Manufacturing, Testing, and Distribution/Transportation). The fee for cultivation will be calctlld' based on square footage. The fee for other categories shall be proposed by each applicant. At+. you willing to voluntarily donate $50,000 to the City of Baldwin Park towards the salary of one Police Officer and Code Enforcement Officer? Section G: Fees Please attach a cashier's check or money order made payable to the "City of Baldwin Park" for the following fees: LiveScan fee: $48.00 Background check fee: $937.50 Yplannabis Permit Application/Development Agreement Fee: $2,857.50 Staff use only: Date of initial application: , t Number assigned to application: Date fee received: tom', "o, Date application reviewed' Date Proof of ownership was verified or a s' ne d otarized statement from the property owner was received: �T Planning Division ❑ Incomplete Application mplete Application Cannabis Subcommittee ❑ nl(1T in ('QmpliunCp With r nnnnhic nrdinance Lne—ationni Lp r .ritaria BP.Application.Cannabis.Permit. Appl.4.26.18.docx CAPNAB1S_PERMIT APPLICATION I P2ge 7 of 7 n Compliance with Cannabis Ordinance Locational Criteria Not Recommended for Council Consideration ecommended for Council Consideration BP.Application. Cannabis.Permit.Appl.4.26.18.docx STAFF REPORT ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk DATE: June 19, 2019 SUBJECT: Review of Commission Applications and Consideration of Appointments/Reappointments to Fill the Scheduled Vacancies for the Housing, Planning, and Recreation Commissions SUMMARY This report requests that the City Council review applicants and appoint/reappoint commissioners to the Housing, Planning, and Recreation Commissions. RECOMMENDATION Staff recommends City Council review all commission applications and make respective appointments. BACKGROUND A Public Notice of Vacancy was posted in accordance with Government Code Section 54973 and Baldwin Park Municipal Code Chapter 32. At the request of the City Council, the following items are now incorporated with the commission application process and included with this report: ➢ Residency verification requirement for each applicant (via review of a driver's license and a current utility bill). Said documentation is on file in the City Clerk's office PLANNING COMMISSION The Planning Commission consists of five (5) members appointed to a two-year term on a staggered basis. Terms have expired June 30, 2018 for Planning Commissioners Christopher Saenz (Office No.3), Mariel Marcel Jr. (Office No. 4), and Edith Flores (Office No.5) The following persons have requested consideration of appointment to the Planning Commission: 3 open seats Office Nos. 3,4, & 5 - Terms to June 30, 2020 Incumbent Commission Applicants New Applicants Mariel Marcel Jr. Marlen Garcia Edith Flores Ruiz Christopher Garrido Christopher Saenz RECREATION COMMISSION The Recreation Commission consists of a total of eight (8) members, five (5) of which are appointed to a two-year term on a staggered basis and three (3) members shall be students serving a one-year term. Terms will expired June 30, 2019 for Recreation Commissioners), Deanna Coronado Robles (Office No. 2), and Jo Ann Watkins (Office No. 40) and seats #1, #3 and #4 are currently vacant. The additional student vacancies have not been filled due to student turnover. The following persons have requested consideration of appointment to the Recreation Commission: 3 open seats Office No's. 1,2,3,4, & 5 — Terms to June 30, 2021 Incumbent Commission Applicants New Applicants Jo Ann Watkins Cecilia Bernal Deanna Coronado Robles Deborah Ann Dow N/A (1 student from Sierra Vista) Maria Guadalupe Fajardo Ralph Galvan Marlen Garcia Stephany Najarro 3 open seats Student Office No's. 6, 7, and 8 — Terms to June 30, 2020 Incumbent Commission Applicants New Applicants N/A (1 student from Baldwin Park High) Herman Cortez (Baldwin Park High) N/A (1 student from North Park High) Kendra Nguyen (Baldwin Park High) N/A (1 student from Sierra Vista) Housing Commission The Housing Commission consists of a total of seven (7) members appointed to varied terms in accordance with Municipal Code Chapter 32.22. Vacancies have not been filled due to lack of applicants. The following persons have requested consideration of appointment to the Housing Commission: 7 open seats Office No's. 1,2,3,4, & 5 — Terms to June 30, 2020-2023 Incumbent Commission Applicants New Applicants NIA Susan Cervantes LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Exhibit "A" — Commission Application 2. Exhibit "B" — Roster of Commission Members Exhibit A Commission Application RECEIVED PLEASE ATTACH A CITY OF BALDWIN PARK AEG 19 2011 CURRENT COPY OF APPLICATION FOR CITY COMMISSION A UTILITY BILL AND taCCY OF BAf.DWIN PARK A COPY OF YOUR And cm aepwsoaPARTMINT PHOTO ID STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: Housing Commission Is PERSONAL INFORMATION; Name Susan Cervantes Residence Address Length of time at this Address: 3 E -mal address; Home Phone No. Cell/Message Phone No. Are you 18 years of age or older? Yes Are you registered to vote In the City of Baldwin Park? Yes Do you currently serve as an elected or appointed official for any board and/or agenoy within the City of Baldwin Park? no If yes, name of agency and position: EDUCATION: j� Circle Highest grade you completed: 1 2 3 4 ti 0 7 8 9 10 11 12 Hugh School Graduate?-L�.�.!_ G.E;.D.?- = Rio Hondo College Rio Hondo College EMPLOYMENT INFORMATION 1 EXPERIENCE; Excellence Vision Real Estate I Real Estate Consultant Assoc October 2018 to present Excellence Vision Real Estate Real Estate Consultant Assoc! October 2018 to present REFERENCES: Please provide the names of two (@) parsons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case Is considered on Its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?20 If yea, Please Its( all offenses, date and place of offenee(e), and sentence/fine received: ACKNOW LEDGEMENTICERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of penury under the taws of the State of California that the foregoing Is true and correcl. [late Signature DVo.WtBel�v:fsLine'=Gfv.sbn�. Residency verification: C_l Yes n No pate; Voter Reglatradon. Verification: O Yes ❑ No Residency vcrification: 0 Yes ❑ No Date: Appointment datc; Residency verification: 0 Yes 0 No Date: Term fres; Name Susan Cervantes Commission Requested: Housing Commission Date: STATEMENT OF QUALIFICATIONS; Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. I have been a resident of the City of Baldwin Park since 2008. My children have gone to schools here, my son is in the process of being a substitute teacher for the BPSD. With that said, my goal is to help my community actively help seek solutions for affordable housing. As a realtor I would love to see home ownership grow in my community; as we know that has a direct Impact In growth. Not only does pride of ownership grows but it brings more business to our community. I have been In the restaurant management business since my early 20's. This gives me the ability to seek out solutions that best produce results and financially makes sense to the bottom line, My background in real estate connects me with resources and that can help bring a new light and ideas to assist our community with changes and solutions that bring growth, I am committed to this city as this Is what I call home. Being able to help others call it home would be a very humbling and personal goal. Signature Notice, Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years, During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, • your application will be Included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recrultment will invalidate this appllootion. RECEIVED .PLEASE-AT1`AJORA-:=. CITY OF BALDWIN PARK C.(1RR tVI fwOPY C2F JUN 14 20 A:UTI[ITI(:IL:PiNp41R : APPLICATION FOR CITY COMMISSION A GSJPY: QI= Y0 - And CRYOFBAiDQWIN PARK >:HQT.Q°Ip::=:__ STATEMENT OF QUALIFICATIONS CITY CI.RKSDEPARTMENT APPLICATION IS FOR THE FOLLOWING COMMISSION; P Name 6( -AK' L52 tRE(L- .5'yVeA;k- Residence Address _ g Length of time at this Address: 3 E-mail address: — Home Phone No, Cell/Message Phone No. _ Are you 18 years of age or older? Are you re,glatered to vote in the City of Baldwin Park?�_ Do you currently serve as an elected or appointed official for any board and/or agency within the City f Baldwin Park? _ If yes, name of agency and position: PL kN jW,,3 t,`4>� EDUCATION: Circle Highest grade you completed: 1 2 3 4 b 8 7 8 9 10 11 12 High School Graduate? EMPLOYMENT INFORMATION 1 EXPERIENCE: L k REFERENCES: Please provide the names of two (a) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic barto appointment. Each case is considered on Its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? &A It yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOW LED GEMENTICERTiPICATION: I understand that upon filing, this application becomes a public record. I certify under penally of edury under the laws of Uie Slate of California that the foregoing Is true and Date Signa ure Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes EI No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Terme ices: Name C r-tA-ts `M Y KET — `' Commission Requested: STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. sm�:E ren-� Date: 414 ��g Sign Notice. Please be advised that you and your qualifications maybe discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on rile for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your appiicatlon will be included In the pool of applicants provided however, that you submit current proof of residency at the tim® of said recruitment. Failure to provide current proof of residency with each recruitment will Invalidate this application. e Christopher Saenz Honorable Mayor and City Council 4 City of Baldwin Park 14403 E Pacific Avenue Baldwin Park CA 91706 Honorable Mayor and City Council; Having had the pleasure to serve the City Council and Planning Division as a Planning Commissioner for the past several months, I once again submit my application for consideration for the reappointment to the Planning Commission. Studying and receiving my undergraduate degree from a research university has certainly afforded me the resources and experience to research, deliberate, and ultimately reach an impartial and sound decision. These tools have allowed me to work cohesively with the Planning Commission over the past several months to further promote and advance projects that will benefit Baldwin Park and its residents. It is my goal to continue serving on the Planning Commission, working in tandem with the City Council , and the community, to continue making Baldwin Park beautiful for our future generations, ' Rega , Christopher Saenz RECEIVED :P.N.AS.;ATTAGHA CITY OF BALDWIN PARK cuaR fir; t wX t7F: APPLICATION FOR CITY COMMISSION JUN 2 ''211% A..UtICITY 010 .-:;ATIR And PRO, Q: STATEMENT OF QUALIFICATIONS CITY OF BALDWIN PARK APPLICATION IS FOR THE FOLLOWING COMMISSION: Planning Commission is reauirea for cacti commissions __ Name Edith Flores Ruiz Residence Address, Length of time at this Address: 12yrs E-mail address: Home Phone No. VJ/IA CelliMessage Phone No.626-340-9608 Are you 18 years of age or older? Yes Are you registered to vote In the city of Baldwin Park? Yes Do you currently serve as an elected' or appointed official for any hoard and/or agency withtn the City of Baldwin Park? No If yes, name of agency and position: City gf PAIdwhp.Park, Planning .omm SS on EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 8 7 8 9 10 11 12 High School Graduate? =G.E.D.? Cal State University, Los Angeles I Civil Engineering INO Cal State University, Los Angeles i Civil Engineering INO EMPLOYMENT INFORMATION i EXPERIENCE: eAddress of EwpjoverWos CrosbyTave Consultants on Title Project Planner Ualee 91 t February 2018 - Present CrosbyTave Consultants project Planner February 2016 - Present REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic bar to appointment. Each case Is considered on its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? !O — It yes, Please list all offenses, date and place of offense(s), and sentenceifine received: ACKNOWLEDGEMENTICERTIFICATION: I understand that upon filing, thisapplication beoomes a public record. 1 WIRY under penalty of perjury under the taws of the Slate of Callfomla that the foregoing Is true and rrect: Date Signature `���:;� ;: � b • B.,. iivr 1 ' ls�=u1Fi�`'�T�t`��ikii`.�se� n Y �•p.. - o'l�li7 rite sl h Residoncy verification: ❑ Yes ❑ No Data: Voter Registi-stjon Verification: ❑ Yes ❑ No Residency verification: d Yea ❑ No Date: Appoinhnent date: Residency verification: 0 Yes 11 No Date: Term expires Name tp / •-rt4-, JF. r4 t E Z Commission Requested: SJATEMENT OF QUAt.IFIC TIONS: Use this space to list your goals and objectives and why you feel you .should be appointed to the commission for which you are applying. Please Include any additional Information you feel will be beneficial to the Council in consideration of your appointment to this commission. M4' �1,9"fl 06TC-Tc V5 4 Ta 151L O i.�T l F 1 C fET l !J OF T EA S C C rY TfF c,91 z..c_ tz2etoe, el &Lt� PIE - leu t✓tt�� �u��� t~T �o`�� s Pr N`c� LjL D. 1.pate:_ 8 [ + _ _ Sdgnature !Notice: Please be advised that you and your quallflcations may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur In the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. RECEIVED PUEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF APPLICATION FOR CITY COMMISSION A UTILITY HILL ANDAPPLICATIONJUN 28 O A COPY OF YOUR PHOTO ID STATEMENT OF QUALIFICATIONS P OFMOWWPARK APPLICATION IS FOR THE FOLLOWING COMMISSION: ---r• PL10 It4&- each commission) PERSONAL. INFORMATION. Name Residence Address - - - Length of time at this Address: ` -- E -map address, - , I=. 1. - Home Phone No. _ Cell/Message Phone No. - I I Are you 18 years of age or oiler? Are you registered to vote In the City of Baldwin Park?' Do you currently serve as an elected or appointed official for any board and/or agency Within the City of Baldwin Parts? y If yes, name of agency and position: V L.PO-i *a %&4- EDUCATION: Circle Highest grade you completed: 1 2 3 4 6 6 7 8 9 10 11 eW High School Graduate? O.E,D.? INFORMATION 1 EXPERIENCE: Gt't^A Cyg- to ws P^ICZ 4 >;'&&JfQJr. G G.nwwn I P,.ry^ ?soft- ---^ IF REFERENCES: Please provide the names of two (®) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character, LA t✓t 011- C�--tC, tJCtiC� R.- IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case Is considered on its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?,CIO_ If yes, Please list all offenses, date and place of offense(a), and sentence/fine received: , ACKNOW LEDGEMENTICEIrrIPiCATION: I understand that upon (fling, this appitcation bocoines a pubflo record. i certify under penalty of perjury under the laws of the State of Callfomla that the foregoing is true and correct to /21-1 zt Data Signature Residoncy voritication: ❑ Yes ❑ No Date: Residency verification; ❑ Yos ❑ No Dato: veriiiostion: 11 Yes 11 No Voter Registration Verification: ❑ Yes ❑ No Appointment dato; Term expires: _ N MW Name �A HAAC ke,,',-- c } iz� Commission Requested: kd\-Y;C STATEMENT OF gUALIFfCATiON$: Use this space to list your goals and objectives anal why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council In consideration of your appointment to this commission, 1 Wpub L tIr- - :tom 4fVy GUt t1.'rt <?> i t ia0 eve- k `*-A - 0,,Ax> vkv.rru�- Very �C? —TV t-A,,r-a-�-t p�1 J> r!.ntaA '►`'ter �- Date: Z'�L�t, f Signature Notice: Please be advised that you and your quailficatiops may be discussed by the City Council of an open meeting, This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be Included in the pool of applicants provided however, that you submit current proof of residency at the time of sato recruitment. Failure to provide current proof of residency with each recruitment will invalidate this sppf oc tlon. RECEIVED CITY OF BALDWIN PARK )ANIS U 1'!Y or' APPLICATION FOR CITY COMMISSION A;ll Y'[LL� And Cil YOFf3At DWINPAiIIC STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: - Planning PERSONAL INFORMATION: Name Marlen Garcia .1 A I+ Residence Address Length of time at this Address: 20 yrs Email address: Home Phone No. None CelliMessage Phone No.,, Are you 18 years of age or older? Yes Are you registered to vote in the City of Baldwin Park? Yes Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? NO If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 $ 4 5 6 7 8 9 1t) 11 12 High School Graduate? ZTI— G.E.D. daTmde.'72-ehnitd.Q 66 �, Business Administration No F G'p{Iry �yy` �pL e. Business Administration No EMPLOYMENT INFORMATION 1 EXPERIENCE;: eQLE— SCPMFC1c�1 ���t Position Title WON k31 Vd1 !3, P., Cp ! REFERENCES., Please provide the names of two (@) persona, who are not City of Baldwin Park Elected or Appointed Offlolals and who can comment on your capabllftles and character. IMPORTANT: Read the following carefully and answer oompietely, A conviction is not an automatic bar to appointment. Each case Is considered on Its Individual menta. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? -O If yes, Please flat all offenses, date and place of offense(s), and sentence/fine received: IV,, + ACKNOWLEDGEMENT!CERTIFICATION: I understand that upon flNng, this appllcatlon becomes a public record. I carilfll undar penalty of pedury under the laws of the State of Callfomla that the foregoing Is 4"d correct. D e Signature "bo Nof UVrite Betow'this-Line" For'•City tJse:ONy' Residency volifleation: ❑ Yes ❑ No Date: Vow -Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date:_ Appointment date: Residency verification: ❑ Yes 0 No pate: -- Term expires Name Marlen Garcia Commission Requested:, Planning 8TAXgMENX OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying, Please include any additional Information you feel will be beneficial to the Council in consideration of your appointment to this commission, Having served on the Baldwin Park City Council as alerted Council Member from 1999 to 2914, 1 possess extensive experience in the planning of our city and understand well the needs of our community. I want to invest this knowledge and experience into constructive use and continue the path of improving our city, I have extensive experiencd in land use criteria and policy, conditional use permits, the City bf Baldwin Park General Plan and many other important facets of community planning. I am a property owner In the City of Baldwin Park, I have raised two (2) children who attended BPUSD and I work in the city. I know the importance of a safe and liveable community and my goal, if selected as a Planning Commissloner, is to continue to evolve Baldwin Park into a thriving city. Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kepton file for two (2) years. During this time, should a vacancy occur in the commission for which you ha ve requested consideration of appointment, your applbation will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recrultment will Invalidate this appilcation. q CITY OF BALDWIN PARK cuN3El`t'cap!r:ot; > APPLICATION FOR CITY COMMISSION A'tlTlt.ffX'';,B,AtOPVO,,lI 1;Ai ;F.1 And STATEMENT OF QUALIFICATIONS APPLICATION 1S FOR THE FOLLOWING COMMISSION: - Q f (hY1Y11 Irl RECEIVED JAN 1 A 2010 CITY OF 4AWW.IN PARK CITY CLERKS DPPARTMENT covykw) t S S i on PERSONAL INFORMATION. NameV1Y1S�'UPh�i/' Residenoe Address _ - Length of time at this Address: vl�ts E-mail address •_ u'• v Home Phone No. N A Call/Message Phone No - Are you 18 years of age or older? 'C Are you registered to vote In the City of Baldwin Park? i Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position: EDUCATION: / Circle Highest grade you completed: 1 2 3 4 6 6 i 8 9 10 11 t 2- High School Graduate? 1 V tk- i i V" 00A 00A fi Ca+Mi'tiun+Lat Amp iyp 101 t tf ^ C' --t •('I. r.'i'i� LJ'Iilriil[ �li/"Y'�/•. :J/llt �'��% �"W\A T�'� EMPLOYMENT INFORMATION / EXPERIENCE; REFERENCES; Please provide the names of two (@) persons, who are not City of Batdwln Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic bar to appointment. Each case is considered on Its individual merits. 017HAVE YOU EVER BSSN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENT/CERTIFICA770N: 1 understand hati I" g, this a on becomes a public rsooN. I certify under pen of ury d awe of State of Callromla that the foregoing Is true a o ot. oil Date Sign] v.'''''{ . .ti�kF'�:',.i�=.%a":� 4:eR�A'r� c"..tYk,, , i @? iiZ ': •xy ..i3 .a.'. .t�: 'l�+�v� 4i':,hl •t.;if,:,:ii!,?v' Residency verification: ❑ Yes ❑ No Date: Voter Regigtratton Verification: ❑ Yes ❑ NO Residency verification: 11 'Yes ❑ No Date: Appointment date: verificadon ❑ Yes ❑ No Date: Term Name Commission Requested:, !'�IG1.V1�✓11 �°I J� STATEMENT OF QUALIFICATIONS: Use this space to list your ®oafs and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional Information you feel will be beneficial to the Council In consideration of your appointment to this commission. Date, --0-11 2 � / Notice: Please be advised that you and your qualificationsmay be discussed by the City Council at an open meeting. This Application and Statement of Qualification w111 be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be Included In the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will Invalidate this application. In applying for this commission first and foremost I feel that it would be a privilege to serve the great city of Baldwin Park. As a Planning Commissioner there is a responsibility to be a representative to the people. My goals as a Planning Commissioner would be to serve with tact and diplomacy. To listen, learn, and be mindful in any decisions being made. To work with my fellow Planning Commissioners to ensure a balanced and decisive group that has the best interest of the Community at heart. If appointed I would like to take this two-year term to help create and carry out policies regarding the physical development of the city of Baldwin Park. F t A Date: 01/29/2019 Christopher F. Garrido 0 RECEIVED r A R)k --; CH;A" ; CITY OF� BALDWlN PARK atir`par'oir," APPLICATION FOR CITY COMMISSION JUN s 1018 "A'Cti4?'lf t? ilf011l ':' : And CITY OF BALDWlN PARK STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: ---►•- /A -- re/n g— re e—Ar aed Mr nanh .aneAm1A*1i PERSONAL INFORMATION: � �'—� Name f 10 Ah lids Residence Address , — _ _ r.—.., . ti , 0 r r 7, Length of time at thle Address% v _ _ _ E -mall address:— .. ! cJ" Home Phono No. Celumossage Phone No. - Are you 18 years of age or older? _ ( _. Are you reoste ad to vote in the Chy of Baldwin Park? Do you currently serve as an elected or appoln!0 offlofal foray bopirdAndlor agency In the I o� P� If yes, name of agency and posltion. Alii CY U EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 $ 7 8 9 10 11 High School Graduate? G.E.D.? Name U130 Locaft of Qollego or University I Course of Study Dgaelft L EMPLOYMENT INFORMATION ! EXPERIENCE: and Address of Emolover(a) Position 7100 1 Dales of rgM REFERENCES: Please provide the names of two ((cg) persons, who are not City of Baldwin Pads Elected or Appointed OHlolais and who can comment on your capabilities and character. Name A Address Phone No. IMPORTAN : Read the following carefully and answer completely. A conviction Is not an automatic bar to appolnlmi Each case Is considered on Ito Individual merits. 'l' HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and pla4e of offense{s), and sentence/Eno received: ACKNOWLEDGEMENTICERTIFICATIDN: I understand that upon fMng, this application becomes a putillo record. I certify undor penalty of perjury undedhe laws of the Stato of Calfromia that the foregoing la true and correct. V C. Date SI bb p ti ;.T1i: �', '':f•": _ :. �':: •M1'�•iF . .. 7 �,YV,•;u N.rtlq n. ��. el VIN 61 `Yes / Residency verification: ❑ ❑ No Date: Voter Registradon Voriftestion: ❑ Yes ❑ No Rasidoncy vorifivation: C] Yes ❑ No Datc: Appointment date: Residency verilyostion: ❑ Yes 0 No Date: Twm ex ince: I Nam —&"Commission Q /_.E L. .a: use this apace to list your goals and objectives and why you feel you shadld be apiiptnted to the commission for which you ars applying. please Include any additional Infwmatlon you feel will be bent olal to tha Gounoil In consideration of your appointment to this commisshm. I have lived in Baldwin Park for 63 years. My. parents moved here in 19511 was 9 months old. I grow up here with parents that served the City in many different positions. I helped them with many events and saw just how important it was to be activity in your City. 1 went to Center Elementary, Jones Junior High and Baldwin Park High School. My children and three of my grandchildren have gone to school in Baldwin Park. I served on the PTA at Geddes School for 4 years and two years as council president. I volunteered for the Service Council for many -years here in Baldwin Park. I serve as the director of the Special Needs Class at Faith Community Church since 1994. I helped my husband to run all the big outreach projects such as Harvest Fest, Easter, Winter and Fourth of July outreach at Faith Community Church for 12 years. I worked for Baldwin Park. School District for 26 year as a Special Education Aide, and a Preschool. Teacher. While working full time I went to Gurus College and got my AA. I retired from. Baldwin Park School District in 2010. I have severed as Recreation and Community Service Commissioner for the past five years and would love to continue severing the 04�-- Date; 4y Signa Notice: Please be advised that you and your qualfflcatlons maybe discussed by the City Councir at an open mee ft. This Application and Statement of Qualltiaation will be kept on file for two (2) years. During this trine, should a vacancy occur in the commission for which you have requested consideration of appointmertt, yourapplk anon MH be Included in the pool of apPllcants provided however, that you submit oummnt proof of res/dency et the tlms of sold recruitment Failure to, pr6VIde current proof of residency with each recruitment wIN InvalldetO iiia application. RECEIVED p.I; As aT Acrt CITY OF BALDWIN PARK JUL 02 2010 (uRR tvr:l3jLL ;oF. APPLICATION FOR CITY COMMISSION A'til'II.CI'Y'BI�L ANR:'. COMMISSION A COPY.t?f=Yi?UR And QTY of BAI.RwtN PARK PHOTO IocI7Y STATEMENT OF QUALIFICATIONS c.xeKaa�aAarrlrNT APPLICATION IS FOR THE FOLLOWING COMMISSION: p. [Recreation/CommunityServict, Is PERSONAL INFORMATION: Name Jesus Emanuel Rodriguez Residence Address - Length of time at this Addreas:4Years E-mail address:, ----------- . • •• •-- Home Phone No. CeIgMessage Phone No. Are you 18 years of age or older? Yes Are you registered to vote in the City of Baldwin Park? YeS Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position: ' EDUCATION:��� Circle Highest grade you completed: 1 2 3 4 6 6 7 8 9 10 11 12 High School Graduate? —L__'._J— C3.E.D.? California Department of Insurance I Resident Personal Lines Broker -Agan California Department of Insurance I Resident Personal Lines Broker -Ager EMPLOYMENT INFORMATION I EXPERIENCE: ams and Address osl Ion Tit parse Auto International Insurance Insurance Agent 0912012017 - Present Auto International Insurance Insurance Agent 09/20/2017 - Present REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. 1 IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic barto appointment, Each case Is considered on its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? 0 If yes, Please list all offenses, date and place of offense(a), and sentence/fine received: ACKNOWLEDOOMSNT/C1=RTIFICATION: I understand th Pon f11 this Ilcatton becomes a publio record. I certify under pen peri�er i aws of the State of California that the foregoing Is true and act, /1 -�oat �� � � Residency veri&cation: L'1 'Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: 0 Yes 11 No Date: Term expires: Name Jesus Emanuel Rodriguez Commisslon Requested: Recreation/Community Sera §TATEMENT OF QUALIFICATIONS: use this space to list your goals and objectives and why you feel you should be appointed to the commission for whioh you are applying. Please Include any additional information you feel wilt be beneficial to the Council in consideration of your appointment to this commission.' I currently serve In the Parks and recreation Commission and I have had the absolute honor to be a part of the various committees that the commission Is a component of and positively impacts by raising funds for scholarships, and this way empowering our youth, future and proud product of our city. I was also able to participate in the joint committee that allocates CDBG Funds Into our community to help it grow and maintain In a positive and productive way. in my eagemess and constant pursue of community Involvement, fulfilling my civic duty and a way to give back to our city and constituents, I am requesting to be considered and reappointed back to this:commission, as it will allow me to put my grain of sand Into our growing community. I'd like to thank the Mayor and City Council to have these commissions open so that the common city resident can particir In the growth of our city. Thank you Baldwin Park for allowing me to serve you in the least but honorable way. God Bless America. Date: -L211 Sig re !Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Quallficatfon will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration oiappointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with eaoh recruitment will invalidate this application. 'PLEASi 'ATTACH A CITY OF BALDWIN PARK Ft C V> i� ur�r~i�r,.of�y.o APPLICATION FOR CITY COMMISSION A.-U'f{i IJ f SI LL i4ND AN 0 81019 A COFIY OF Y60k And t?►0dro In STATEMENT OF QUALIFICATIONS LDWINPARK APPLICATION IS FOR THE FOLLOWING COMMISSION: (A separate appllcatlon Is required for each commission) - PERSONAL II FORMATION: Name—N (✓ e- l W e.Ir n CL Residence Address Length of time at this Address: ab+ _ E-mail address:_ Home Phone No, Cel[/Message Phone No,_ _ Are you 18 years of age or older? g.Ej ' Are you registered to vote In the City of Baldwin Park?, �•� Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position; EDUCATION: Circle Highest grade you completed: 1 2 3 4 ti 6 7 8 9 10 11 0Hlgh School Graduate? EMPLOYMENT INFORMATION 1 EXPERIENCE: Name and 11 d es E r A 11 c't, -t t J Z P tlo i 1 pvvn , � S rotes 09 wales ar r io me (- e..• iq D —T. REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character, IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic bar to appointment Each case is considered on Its Individual merits. ^' HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? _ V If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: Date Residency verification: ❑ Yes D No Date:.._-••_ Residency verification; ❑ Yes ❑ No Date: verification: 0 Ycs ❑ No AC KNOWLEDGBMENTICERTIFICATION1 I understand that upon tiling, this applicalton becomes a public record. I oartify under penally of perjury under the lawa of the State of Callfornis that the foregolr►g true and correct. i__-- iL Signature Voter Registration Verification: ❑ Yes ❑ No Appointment date: 'Perm expires: NameO-P er G1 Commission Requested: - c�% STATEMENT OF QUALIFICATIONS; Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional Information you feel will be beneficial to the Council in consideration of your appointment to this commission. 'r is i lio , QUA ./:_ i vt 4 1p.. t._, a i U U -V C1\l &Lyon V C4.41k Ww—) Q1,onu iiL, wvc.avf itc�. S, �C�c�-t .. �. 1 t►r�UO� .It �A i ' MO -'r e,.,, C�-u + �" cep. &- wSS4 W 4 -'o A -V1 2,i;� r4' A 1e— Ti Rate: Signature Notice: Please be advised that you and your quallflcatlons may be discussed by the City Council at an open meeting. This Application and Statement of Qualiricatlon will be kept on rile for two (2) years. During this time, should a vacancy occur In the commission for which you have requested consideration of appointment, your application will be Included In the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment MY Invalidate this application. s, RECEIVED -PLEASE. ATTACH A CITY OF BALDWIN PARK CyRRENT..CQPY OF APPLIGATfON FOR CITY COMMI3SIOId JAN 0.7 2019 A PTU-ITY00, ANp And A COPY OF YOUR : nOf BAlDWIN 0 PHOTO-11)STATEMENT OF QUALIFICATIONS PAR11 APPLICATION IS FOR THE FOLLOWING COMMISSION:--Cr2¢�ON hili?filfr� to aanarata annrraaffon is reaulred for each commission) Namer/hDf^ l %'% !1✓ r , A Residence Address — Length of time at this Address: 31176 E -mall address: Home Phone NaL i;eli/Message Phone No. ,le, W _.. Are you 18 years of age or older? — V65 Are you registered to vote In the City of Baldwin Park? Do you currently serve as an elected or appointed official for any board and/or agency within the CI#y of Baldwin Park? _. .. If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 A S 6 7 8 9 10 11 @ High, School Graduate? AIL EMPLOYMENT INFORMATION I EXPERIENCE: ye it j [�5'/r?n�lvbid�9' ntirr/�3 �j t�t71 a r r.;" a 11I L —Id c 'boom/ l/r,1 VRvt`,.J, i f�i1 �iu „� )�ili�r' OUM4[NIQL/ ©l d v T -101 U,r Ztedl es 1XV I -P 07FEV-T) P," V %4447U1W 7 prERENCES: Please provide the names of two persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capablllties and character. IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic bar to appointment. Each case Is considered on Its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentencerfine received: ACKNOW LEDGEMENTICERTIFIC ATION: I understand that upon Ming, this application becomes a public record. I certify under penalty of perjury under the laws of the State of California that the foregoing Is true and correct. t�?��o_ r 9 ov✓ .. Date $I nature Residency verification: ❑ Yes Q No Date: Voter Registration Verifloation: CJ Yes ❑ No Residency verifioation: C7 Yes E]No Date; Appointment date: _ Residency verification '0 Yes El No Date: Term expires: RECEIVED PL9AS9 ATTACH A ' CITY OF BALDWIN PARK CURRENTGQPYoI=-. APPLICATION FOR CITY COMMISSION JAN 09 2019 A UTILITY BILI. AND And A COPY OF YOUR Cffy.OFHAWWiNPARK PHOTO ID STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: _-Flpavk awA 4200'r'-A-eo n tar each commission) _ PERSONAL INFORMATION: Name Y'lA try vada l U P e° 't AI�r^�.a. D, Residence Address - Length of time at this Address: E -mall address;,_— v- Home Phone No. CelUMessage Phone No, - Are you 18 years of age or older? , %J Are you registered to vote in the City of Baldwin Park?, Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 a ti B 7 8 9 10 11 12 High School Graduate? -5�il G.E.D.? EMPLOYMENT INFORMATION 1 EXPERIENCE: REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following oarefully and answer completely. A conviction is not an automatic bar to appointment. Each case Is considered on Its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?_ UL -O— If yes, Please list all offenses, date and place of offense($), and sentence/fine received: ACKNOW LBDaEMENTICERTIFICATION: I understand that upon filing, this appitcallon becomes a public record. I certify under penalty of perjury under the laws of the Stale of California that the foregoing Is true,and correct, 01 / iq I/ go 19 Fa—teT Signature ,L^nY-,'ri?F:a.rc'M1 e`, :y}il(? ct 7iiY '•u?3ia+..''•.P'c.� �4(d '.Sf�; :...UVdit`"k�e,I"1 V.,L•I o .O.L�1t r e4QnI .# _�•K..,'. a . t�1?r' Residency verif3oation: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residoncy verification: ❑ Yos ❑ No Date: Appointment data: verification: ❑ Yes ❑ No Date: Term CITY OF BALDWIN PARK APPLICATION FOR CITY COMMISSION RECEIVED And IWY 4 9 Kara STATEMENT OF QUALIFICATIONS "=RAPPLICATION IS FOR THE FOLLOWING COMMISSION: =r ��i1���4Yj �A�Y1M41YI. PERSONAL INFORMATION: Name vl Int Residence Address ,• n A Length of time at this Address:,) -mall address -_--J.. Home Phone No. CeN/Message Phone No, y Are you 18 years of age or older? C y Are you registered to vote In the City of Baldwin Park? Lei Do you currently Serve as an elected or appointed omolal for any board and/or agency within the City of Baldwin Park? 00 If yes, name of agency and position:, EDUCATION: �� Circle Highest grade you completed: 1 2 3 4 6 6 7 8 9 10 11 ,It�9 High School Graduate?—I�;1 ..G•E•D.?= EMPLOYMENT INFORMATION / EXPEMENCE: �_00 " ur 4 PI► A De fe41'Pel on va Aer .9 Oa ?'e 19 - 051 2013 of 601 W, 0(4 -WNW f4)(1m. t'Ot getxtah4n baud<r 41>4 j2 005% JT1 191o. REFERENCES: Please provide the names of two (@) persons, who are not city of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the foQowing carefully and answer completely. A conviction Is not an automatic bar to appointment. Each case Is considered on Its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A'MINOR TRAFFIC VIOLATION?—LO if yes, Please fiat all offenses, data and place of offense(s), and sentanco/fine received: ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon tlllrrg, this application becomes a public mord. I certify under penalty of perjury under the laws of the State of California that the foregoing Is true and-cortect. PR Date Signature • $•�t '.h>:.. •7:^r w;:i'r ":.'.aa^v,r;n�a� =ws F p x"•� "'� k • , Residency veri&cation: ElYes ❑ No Date: Voter Registration Verification: ❑ Yes El No Residency verification: ❑ Yea n No Date: Appointment date: 0 Yes IJ No Name_ ( _, Commission Requested:/pJ� Wmt �1 X11 C2� f�mmliitM. STATEMENT OF OUAi.� C,ilF�, TIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council In consideration of your appointment to this commission. P��Qse see a'r�ra�V►Rd�em►�- -�n� yam. Data: Signature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included In the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment, Failure to provide current proof of residency with each recruitment will invalidate this application. Name; Ralph Galvan Commission Requested. Recreation & Community Services Statement of Qualifications To the Honorable Mayor and members of the City Council, I Ralph Galvan 27 year resident of Baldwin Park, I am writing this letter of intent for the Commissioner position on the Recreation and Community Services Commission, Having previously served as a Planning Commissioner on the Planning Commission and as Student Commissioner representing Baldwin Park High School on the Recreation and Community Services Commission. i have done a great job along with other commissioners on both Commissions, I would like to continue to serve my community and once again serve on the Recreation and Community Services Commission. I consider myself to be a community leader who is passionate about the betterment of our city. My goal and objective would be to support our Recreation and Community Services Department and work together with the commission, Staff, City Council and Mayor to move our city forward with city parks and programs we offer the residents and visitors whom live and play in Baldwin Park. As a believer of Parks Make Life Better, working for Parks & Recreation for the City of Baldwin Park in Parks, Child Care and Reservations for 5 years. Working for the Clty of EI Monte in Parks and Aquatics for 1 year. Working for the City of Pico Rivera in organizing and running the Special Events for the City and supervisingthe Senlor Citizen Centerfor 3 yea rs. I volunteer my time for the American Red Cross and the American Cancer Society Relay for Life. I, enjoy traveling and attending Community Events & Special Events. I am In the Financial Industry with Primerica Financial Services. I would work and do my best on any commission the Mayor and City Council would like to place me on, I would like to thank you for your time and consideration of my application. Respectfully yours, Ralph Galvan RECEIVE? F, 91jA3#A'.. jT-4 H A: CITY OF BALDWIN PARK IaN cuNT:.aiY;.•,` APPLICATION FOR CITY COMMISSION It17:Y'F31:;A.'NF�': ;; And Ot,R Ot"4'gif' q QOPY::Q Y�JUR: PHQT- 0 ID: , STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: Recreation & Cmnty, Svcs. A separate appocation is required for each commission) PERSONAL INFORMATION: Name Marlen Garcia + Residence Address Length of time at this Address: 20 yrs E-mail address: Home Phone No. N/A Cell/Message Phone No.( Are you 18 years of age or older? Yes Are you registered to vote in the City of Baldwin Park? Yes Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? No If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 s e 10 11 0 High School Graduate? —=G.E.O.? rfqdg IW- Mj'& (6 Business Administration No Ch,�l Lm� AIwjp--, 1"mripik lTkOe, I Business Administration INo EMPLOYMENT INFORMATION I EXPERIENCE: REFERENCES: Please provkle the names of two (0) persons, who are not City of Baldwin Park Elected or Appointed officials and who can comment on your capabilities and character. Name_ n Yes Phone Voter Registration Verification: ❑ Yes D No Residency verification: ❑ Yes /��f/�f//yyw //fit e` faQ Appointment date; IMPORTANT: Read the following carefully and answer completely. A oonviotion is not an automate bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER SEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? O If yes, Please list all offenses, date and place of offenee(s), and sentence/fine received; N/A N/A AC KNOWLEDOEMENTICERTIFICATION: I understand that upon fUing, tNe appllcalion becomes a public record. I certify under penalty of perjury under the laws Ufornia that the foregoing Is tru"nd correct., , A nature . nn' Aln4 irtlri+s aolnw 4�,in t'tno _.1Kriir r`i1V tt lAr��f-1r11V ', ' •'..: <:' "t.., � , � �. .- . • ... -'.:.. •.. Residency vo-Ifloation: n Yes D No Date: Voter Registration Verification: ❑ Yes D No Residency verification: ❑ Yes i] No Date: Appointment date; Residency verificatlon: 0 Yes D No Date: Terni expires: n� Name Marlen Garcia Commission Requested: Recreation & Cmnty. Svcs. §TATEMENT OF (QIALIPICAf10NS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please Include any additional Information you feel will be beneficial to the Council in consideration of your appointment to this commission. Having served on the Recreation & Community Services Commission from 9993 to 1999, 1 believe I have extensive experience and knowledge to invest in the exceptional programs the City of Baldwin Park continues to provide. As a former Commissioner, I spearheaded the creation of the Baldwin Park Teen Center to address the issues of our teen population and provide them with a positive outlet to seek help. During my tenure as Commissioner, I served as Chair of the Commission on several intervals and provided critical feedback and Input on the many exceptional programs that exist today, I am familiar with the the CDBG process and lead that process, advocating for the much needed social services to our city. 51 Date:'[ Signature !Notice: Please be advised that you and your quallflcatlons may be discussed by the City Counoll at an open meeting. This Appkcadon and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included In the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will Invalidate this application. P,f%VET pa>=.:priacH:A:. CITY OF BALDWIN PARK �IR.RENT',C:i3,R.YOF ;' APPLICATION FOR CITY COMMISSION ::I1;�.Tl�.�i"Y:�I�:!<»'.A►ND,�`. pi:,C � � 1010 And <: PHOTO:ID`:,: ,. STATEMENT OF QUALIFICATIONS CITY towtNPnRx APPLICATION IS FOR THE FOLLOWING COMMISSION: FRecreation & Community Services for each oommission) PERSONAL INFORMATION: Name Stephany NaJarro Residence Address_ -- Length of time at this Address: 20 yrs E-mail address: Home Phone No. N/A Cell/Message Phone No. Are you 18 years of age or older? YeS Are you registered to vote In the City of BalOwin Park?_ Y6S Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? _No It yes, name of agency and positlon: EI?UCATION: �� � Cirole Highest grade you completed: 1 2 3 4 6 6 7 8 9 10 11 12 High School Graduate? -�I '.....-•.I— G.E.D.?-i ' J California State Unlversily, Dominguez Hills (CSUDH) BA, Human Services Baldwin Park High School I High School Diploma EMPLOYMENT INFORMATION / EXPERIENCE: Name ddresp of Emplover(al Position . -Mi. San Antonio College/1100 N, Grand Ave Administrative Specialist 09/2018 -Present 0SUDH/1000 E. Victorla St, Cason CA 90747 Student Assistant III o9=19-0812017 .REFERENCES: Please provide the names of two (lid) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Baca Joe Jennum I 1. IMPORTANT: Read the following carefully and onew®r•completely. A conviction Is not an auioihatic bar to appointment, Each case is considered on Re Individual merits, HAVE YOU'EVER BEEN CONVICTED OF A FELONY O.g, MI,,qpEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?AQ-- If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: 12/13/18 Date Residenoy verification: ❑ Yes ❑ No Date: Residency verification: ❑ Yes ❑ No Date: verification: 11 Yes ❑ No ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon filing, this application becomes a public reoord. I oertity under penalty of perjury under the laws of the State of Callfamis that the foregoing Is true and correct. _ Voter Registration Veriitoation: ❑ Yes ❑ No Appointment date: Tetm expires:__ Name Stephan ny Najarro Commission Requested: Reareatlon &Community Services STATEMENT OF. QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional Information you feel will be beneficial to the Council In consideration of your appointment to this commission. Address the need for improved traffic signals near district schools to avoid collisions ,i Teaming up with local organizations so that teens and local residents can participate in community service Exploring more recreational activities for residents to take advantage of such as yoga, walking clubs and child care 1 would like consideration for a spot In the Recreation & Community Services Commission so that I can be an active agent within my community. Since high school i have been Involved with my community and it has been an rewarding experience volunteering for Foster Elementary School and the Baldwin Park Library,- Despite my plan to pursue a university 30 miles away from my hometown, I strived to remain active at Baldwin . Park. I Interned at the California Mental Health Connection and was fortunate enough to learn about the resources available for. residents in need of counseling, parenting classes and access to basic needs like shelter and food. Upon graduating from college,.tworked for Baldwin Park Unified District as a Substitute Clark _ in where I worked In the attendance office. In March, It will be a year working for Mt. San Antonio College. I am grateful for all the opportunities the city -of Baldwin Park has given me. i hope you consider this request., . Thank you very much. - Date: 1211311 S Signa re Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. CITY OF BAL,DWIN PARK RECREATION / COMMUNITY SERVICES STUDENT COMMISSION INFORMATION FORM �� Id►� i h �ct 1� 4199 SA66 Name of High School PERSONAL , INFORMATION; [To be completed by Student) Name f �►q"\ 6rieZ' Residence Address - Age: Date of Blrth: _ 0 3 f 09 f U U 2 .Social Security # d.. r. Home Phone No. 1� l`► Message Phone No. ' _ E-mail address: - Grade: I I Graduation Year: lb -0 RECeIVED JAW V6iI Cfi 0FDAWWINPARK CM CLORKO QrPAF'rvr-1vT Name of Parent(s) or Guardian(s) HffA4r' [A (4e Z 5r' Student lives with: �Both Parents [ ] Mother [ ] Father [ ] Guardian Person to call In case of emer en / + a I q c (� 9 cY� Phone No.: 1 oDate171f� Appointment Date: Re -Appointment Date:_. Comments: cc: [ ) Personnei Department [ ] Recreation Director [) Recreation SacrctS7 LETTER OF RECOMMENDATION. Student's Name tiQ.trmw) Name of School �d WtY1 �41�� µ �9� �og-t Graduating Class of Home Address Home Phone,..,. Note to Principal; Please provide a written letter of recommendation for the above named student. is awn i A t0 `� �u: �e ..J , Cih U � �[ 1 � Yntw� htCGi',nn�iut �• t �•r C�[� 1y n ou"IC'S�r..rtc��v�a r`�r,•�ic�c,"E� �� -�-'in.¢ �P ree.'�•°tsn �n__t� �t�vnn,un,�7 5 Lac � yt ` 1 . � .LlrxrYi � k c �� A 5 4cu l 1 C� � t�p �1uJ ✓1 i G V� VICi S W! Un� rrw CJ v - t � e, � i alt ✓� �r '�d.s,. l7•�2r.�"�'w�`uY+ � w,•�+�rn�nt�4l �'Sa-iUiC�.S �.tsv°V1�t'.�Sc�(JY� . Date:1�.1�-r ncip s Signature RECEIM PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF APPLICATION FOR CITY COMMISSION DEC 8 �� A UTILITY BILL AND A COPY TO i�?OLfR And STATEMENT OF QUALIFICATIONS CrryQOKSY OF DIP ITMIIN' APPLICATION IS FOR THE FOLLOWING COMMISSION: -0 rR—Zr—e-4uon c, coftmvni4 der vms Is repulred for each PERSONAL INFORMATION: Name k<fMAhc-, N44 1261 Residence Address - Length of time at this Address: 9 yfkM5 Email address: Home Phone Nc. _ Cell/Message Phone No. Are you 18 years of age or older? Nv Are you registered to vote in the City of Baldwin Park? 1/0 Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? Na If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 8 7 8 9 10012 High School Graduate? G.E.D.?_ EMPLOYMENT INFORMATION I EXPERIENCE.', d ress of Erngloyerial P t ®1 REFERENCES: Please provide the names of two (0) persons, who are not.City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT. Read the following carefully and answer completely, A conviction Is not an automatic bar to appointment, Each case Is considered on its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? 0 If yes, Please list all offenses, date and place of offense(s), and sentenoe/fine received: AC KN OWt.EDGEMENTICERTI FI CATION: I understand that upon filing, this application becomes a publlo record. I oertffy under penalty of perjury under the laws of the State of Calfornla that the foregoing.-. Is true and correct. tt/ 26�1� � • Date Signature .:'.4•�'. .::': •- -'.fl''�1.'L^:!'{i'�Y�•YJlq}I�L,Cj7f'�Pj i..:. �u'.I��y.i:L"I '+'.i� }}V, t=% Y�',�7+gVa.�• u!•a'^:et'i�'.A�.....—v jf',-n.b'• a:e•n. u!k:gahhillni _ �?i! 'xfkJ i Residency verification: '© Yes Q^No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: Q Yes Q No Date: Appointment data: Residency vorification: Q Yes Q No Date: Term expu•os: i Kegvkrcc,. � v ?it't Commission Requested; �eN"�a�idh � �D�'►�"vn. ��' S¢�vl�ey Name !� STATEMENT OF uALI IC TIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the ; commission for which you are applying. Please include any additional information you feel will be ' beneficial to the Council in consideration of your appointment to this commission. ri�nr►twa_h�.�l� C,.r�n., � �� n], O� hzrta.Yt .I�.,ix) r+'�j,+ +@�G►�'�..li'►�L� ! v r k' .. i 66 's �u'o-rug, S OJVr,(LCA-Y s �121 am h r my riobo Zs AU6 w%'1,18 a4•rl wi h Pa+14- 7 Sc - r Vl r u m�-. �r�cc:h�__ i .+_kL& fib• a. 1o114v, o N66 1-1'613g2h%y .�fvc," 4.. Inv . $ar 'r✓V•er,�' tnjU.hh1�. Q,h.�. �y�r7b�� oY`o��I.t.�L�'i�(?h� 51ti��S i��' � �e�i¢nat,�. �;;... �i �I i WdVI J he. ,,:a ', " • e Gii�1f 0► d.AAVtiG4 C -e Ok 9 n 9—f �m s mit , gr—gA4,-,nth -A:If1,,, 4:.._�,....,.i5 n .Ctn].1 �••irst. + rOv x harva:`649A 441" '6t- my t,lv IV) • mmerpt in a.aolil�lan + i`u FrivmaHvag Yhe,r�iw1 ►,1:i� nvr►m hP atvdaMt�yyi ►'h,¢. ha•,cre.c�-imr►.gl fistld krip` o��-eredl• •• r� :• : Date: Signature Notice; Please be advised that you and your qualifloations may be discussed by the City Councli at an open meeting. l This Application and Statement of Qualfflcation will be kept on file for two (2) years. During this time, should a'`' vacancy occur in the commission for which you have requested consideration of appointment, your application ! will be included in the pool of applicants provided however, that you submit durrent proof of residency at the time #` of said recruitment. Failure to provide current proof of residency with each recrultment will invalidate this r application, ii` ATTACH A. CITY OF BALDWIN PARK MAR 212010 CURREMT CO.PY.0 APPLICATION FOR CITY COMMISSION .ANP. cnvtftl�otih7iVaaRx A UTILITY BILL And A COPY.OF YOUR WYCt.SlIK5DEnAWMENT PHOT -01D.- STATEMENT OF QUALIFICATIONS APPLICATION 18 FOR THE FOLLOWING COMMISSION: -----1r (A separate application Is required for each commission) - PERSONAL INFORMATION: r Name, ha_��C'�'nrtc��, • Reeldence Length of time at this Address:,9 E -mall address; % Home Phone No. Cell/Message Phone No, Ara you 18 years of age or older? �• �' Are you registered to vote In the City of Baldwin Park? Do you currently serve as an elected or appointed ofilclal for any board and/or agency within the City of Baldwln Park? �-Q- If yes, name of agency and position: 'cam . i 10 `n Chea t i Ft .1 Lo I's �- EDUCATION: G,E,D ? Circle Highest grade you completed: 1 2 3 g b 8 713 9 f 0 11 ��2 j High School Graduate? t° S EMPLOYMENT INFORMATION l EXPERIENCE: I /7 t,�,) REFERENCES: Please provide the names of two (@) persons, who are not CRy of Baldwin Park Elected or•Appointed.Officiais and who can comment on Your capabilities and character. IMPORTANT: Read the following carefully and answer completely..A conviction Is not an automatic bar to appointment. Each case is considered on its individual media.`^ HAVE YOU EVER BEEN CONVICTED OF A FELONY' OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATIO1� if yes, Please list all offenses, date and place of offenee(s), and sentencelfne received: 2F�„ tV ACKNOWLEDOEMENTlCERTIFIC ATION: I understand 11 upon flung, this application becomes a public record.oem under pens f perjury under the laws of the State of Cellfomia that 111190re90ir (mt. Is true en —M Slgnaturs Date � ^ " ? '3`.^ ZONTR.�`f:7, t 1 ida"1©.n om if s. Y r Residency verification: ElYes ❑ No Date: Voter Registration Verifioation: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: 0 Yes ❑ No Dato: Term expires; Exhibit B Roster of Commission Members W m W a Z N N O v LL w W H t/1 w N m E O I- rn mT Z Z Z Z a a a a Z a J (p U U c 04 > > > > > O c I I I I I LOL)=0 .0 ILCD Q o 4)_ 0_ y a� _u y O O y E E O U O fm m L()o U r Z Z Z Z Z Z Z �••o a a a a a a a d d d d d d O (yA E E 0 U Z Z H dC c c > a > N y� V n I-- Z (opo Z n o0) F- I Z t I 0 o r.O U = a� 7 ~(V > COir'(O > ��co > 1.�C _� i I I a tw�0 o o 0= r c N0 c •- i6 o'0� a� iii c 5 a LV cco 0 o 0 0 CL CL c , x 0 13 d 0 0 o yam¢ OaW m d E Mo O °� v E ° 0 O U c c N N d N m N >� >� Lr F�0) C� (1) ZZ X00 0�0 m�0 ws� SAO WHO ti.�0 C W p C OO C O14 M 000 0 6 +'C�+6O C Z'C 0c Y.00 C 0� (Lo b(\O W O(�O (pyo d 7 0 W cy I C.2 N N ._ n CD U+ --m C `1 ID �ciri I •0 N I.O+ui t(� c N N 0 � �. �- � Q- X I n'O. X � CL Cx. CLQ d p.•0. ca vaW OQLLJ W 4) Qw ° n O O E E U 90 June 19, 2011,11', 11 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 Manuel Lozano Monica Garcia Alejandra Avila Paul C. Hernandez Ricardo Pacheco Chair Vice Chair Board Member Board Member Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DEAPAGAR SUS TELEFONOS CELULARES YBEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Housing Authority on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Board, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse a la Agencia nombrada en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse a la Agencia, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the Finance Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) FINANCE AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco Vice Chair Monica Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION 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] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista algana emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximal. (Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. Treasurer's Report — April 2019 Staff recommends that the Board receive and file the Treasurer's Report for April 2019. ADJOURNMENT CERTIFICATION I, Lourdes Morales, Chief Deputy Secretary of the Finance Authority hereby certify 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 13th day of June, 2019. Lourdes Morales, Chief Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. 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 Imorales(a)bald winpark. com. 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 11) ITEM NO. I TO: Honorable Chair and Board Members of the Financing Authority FROM: Rose Tam, Director of Finance DATE: June 19, 2019 SUBJECT: Treasurer's Report — April 2019 SUMMARY Attached is the Treasurer's Report for the month of April 2019. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for April 2019. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report Exhibit "A" Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 4/30/2019 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City Checking 1,252,783.83 Money Market Plus 132,552.52 City Miscellaneous Cash 160,112.73 City -Including General Fund & all other Special Revenue Funds 2.45% Varies Varies $ 33,087,070.18 $ 33,087,070.18 $ 33,087,070.18 $ 33,087,070.18 Housing Authority 2.45% Varies Varies 13,655.34 13,655.34 13,655.34 13,655.34 33,100,725.52 33,100,725.52 33,100,726.52 33,100,725.52 Certificate of DEDOSh Citibank National Association (Mutual Securities) 2.66% 1/25/2019 1/25/2021 250,000.00 250,000.00 250,000.00 250,777.50 Goldman Sachs Bk USA NY (Mutual Securities) 2.25% 1/24/2018 1/24/2020 250,000.00 250,000.00 260,000.00 249,680.00 Sallie Mae Bk SLT Lake City UT (Mutual Securities) 2.25% 1/24/2018 1/24/2020 250,000.00 250,000.00 250,000.00 249,680.00 Morgan Stanley Bank N A Utah(Cantella) 2.64% 4/19/2018 4/20/2020 250,000.00 250,000.00 260,000.00 250,487.60 Barclays Bank Del(Cantella) 3.05% 12/19/2018 12/21/2020 250,000.00 250,000.00 250,000.00 252,347.50 1,250,000.00 1,250,000.00 1,250,000.00 1,252,972.50 Fiscal Agent Funds (TrusUDebt Service Fund) Varies Varies Varies 7,591,768.03 7,591,768.03 7,591,768.03 7,591,768.03 Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund: Varies Varies Varies 10,979.70 10,979.70 10,979.70 10,979.70 7,602,747.73 7,602,747.73 7,602,747.73 7,602,747.73 $ 41,953,473.25 $ 41,966,446.75 41,953,473.25 S 41,953,473.25 $ Total Investments $ 41,953,473.26 Cash with Bank of the West City Checking 1,252,783.83 Money Market Plus 132,552.52 City Miscellaneous Cash 160,112.73 Successor Agency 424,472.89 Housing Authority 144,029.75 Financing Authority 11,700.00 Investment Brokerage _.258643.43 Total Cash with Bank of the West 2,374,595.15 Total Cash and Investments $ 44,328,068.40 Schedule of Cash and Investments Includes city-wide assets as included in the Comprehensive Annual Financial Report. • Three Certificate of Deposits matured In April 2019 and several deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: E02 Rose Tam Director of Finance AGENDA BALDWIN PARK HOUSING AUTHORITY JUNE 1% 2019 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 HUB OF% H E V SAN G,hBIRIEL �• 0 O�A�� JA1SVp`� Manuel Lozano - Chair Monica Garcia - Vice Chair Alejandra Avila - Board Member Paul C. Hernandez - Board Member Ricardo Pacheco - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG /S /N PROCESS POR FA VOR DE APAGAR SUS TEL EFONOS CEL VLA RES Y BEEPERS DUP. ANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the Housing Authority Se invita al publico a dirigirse a la Agencia nombrada en esta on any matter posted on the agenda or on any other agenda, para hablar sobre cualquier asunto publicado en matter within its jurisdiction. If you wish to address the la agenda o cualquier tema que est6 bajo su jurisdiccion. Board, you may do so during the PUBLIC Si usted desea la oportunidad de dirigirse a la Agencia, podra COMMUNICATIONS period noted on the agenda. Each hacerlo durante el periodo de Comentarios del Publico (Public person is allowed three (3) minutes speaking time. A Communications) anunciado en la agenda. A cada persona se Spanish speaking interpreter is available for your le permite hablar por tres (3) minutos. Hay un int6rprete para su convenience. conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Housing Authority tributed to the Housing Authority less than 72 hours prior to that meeting will be available for public inspection all in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - , 7:30 a.m. - 6:00 p.m.) L HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco Vice Chair Monica Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION 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] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar acci6n en algCln asunto a menos que sea incluido en la agenda, o a menos que exista a1gC1na emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y1d fijar asuntos para tomar en consideraci6n en juntas proximas. [CodigodeGobiemo §54954.2] CONSENT CALENDAR 1. Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. 2. Treasurer's Report — April 2019 Staff recommends that the Board receive and file the Treasurer's Report for April 2019. ADJOURNMENT CERTIFICATION 1, Lourdes Morales, Chief Deputy Secretary of the Housing Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall buWtin board not less than 72 hours prior to the meeting. Dated this 13th day of June, 2019. V/ ma"A Lourdes Morales, Chief Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2n' Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. 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 lmoralesabaldwinpark.com. 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 11) NMI 1� ITEM NO. TO: Honorable Chair and Board Members of the Housing Authority FROM: Rose Tam, Director of Finance DATE: June 19, 2019 (L ✓ SUBJECT: Baldwin Park Housing Authority's Warrants and Demands SUMMARY Attached are the Warrants and Demands Registers for the City of Baldwin Park Housing Authority to be ratified by the Board. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Register. FISCAL IMPACT The total of the Warrants and Demands for Housing Authority is $373,549.41. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The May 7 to June 10, 2019 Warrant check numbers from 72214 through 72220 in the amount of $2,910.71 and Automated Clearing House (ACH) in the amount of $370,638.70 were made on behalf of City of Baldwin Park Housing Authority constituting of claims and demands, are herewith presented to the Board as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Happy Check Register 2. Happy Check Register ACH Attachment 1 Happy Check Register CHECK REGISTER June 10, 2019 Date Range: 05/07/2019...06/10/2019 Grouped by.- y.VMS VMSDate Range: All Sorted by. Check Number Program: All Check Number Payment Type: All Check Numbers: All Direct Deposita Exclude Check Cleared. All Port Status: Include Port Ins Zero HAPs: Include Zero HAPS Voided Payments: Include Voided Payments Held Checks: Include Held Checks V/ Check Number Check Date Payee Name DD Amount ❑ 72214 06/01/2019 Annie L Henderson ❑ 15.00 ❑ 72215 06/012019 City of Carlsbad ❑ 787.50 ❑ 72216 06/012019 Joseph A Bannister ❑ 29.00 ❑ 72217 06/012019 Martha Tenorio ❑ 15.00 ❑ 72218 06/012019 Nora M. Aguila ❑ 24.00 ❑ 72219 06/012019 Vanessa G Ross ❑ 21.00 ❑ 72220 06/062019 City of Glendale Housing Authority ❑ 2019.21 Total $2,910.71 Average $207.91 Unit Count 2 Average Weighted by Unit Count $1,934.00 Hard to House Count 0 HAPPY software Page 1 06/10/2019 8:22:54 AM CHECK REGISTER June 10, 2019 Date Range: 05/07/2019...06/10/2019 VMS Date Range: All Program: All Payment Type: All Check Numbers: All Direct Deposit. Exclude Check Cleared. All Port Status: Include Port Ins Zero HAPs: Include Zero HAPs Voided Payments: Include Voided Payments Held Checks: Include Held Checks Grouped by. Sorted by. Check Number Check Number Check Number Check Date Payee Name DD Amount ❑ 72214 06/01/2019 Annie L Henderson ❑ 15.00 ❑ 72215 06/01/2019 City of Carlsbad ❑ 787.50 ❑ 72216 06/01/2019 Joseph A Bannister ❑ 29.00 ❑ 72217 06/01/2019 Martha Tenorio ❑ 15.00 ❑ 72218 06/01/2019 Nora M. Aguila ❑ 24.00 ❑ 72219 06/01/2019 Vanessa G Ross ❑ 21.00 ❑ 72220 06/06/2019 City of Glendale Housing Authority ❑ 2019.21 Total $2,910.71 Average $207.91 Unit Count 2 Average Weighted by Unit Count $1,934.00 Hard to House Count 0 HAPPY Software Page 1 06/10/2019 8:22:54 AM Attachment 2 Happy Check Register ACH CHECK REGISTER ACH June 10, 2019 Date Range: 05/07/2019...06/10/2019 Grouped by. VMS Date Range: All Sorted by. Check Number Program: All Check Number Payment Type: All Check Numbers: All Direct Deposit Only Check Cleared., All Port Status: Include Port Ins Zero HAPs: Include Zero HAPs Voided Payments: Include Voided Payments Held Checks: Include Held Checks Check Number Check Date Payee Name DD Amount ❑ 20207 05/14/2019 Monrovia 612, LP ® 3381.00 ❑ 20208 05/14/2019 Pacific Towers Senior Apartments - TDF LP ® 1053.00 ❑ 20209 06/01/2019 ® 1103.00 ❑ 20210 06/01/2019 1015 West Garvey West Covina, LP ® 510.00 ❑ 20211 06/012019 1024 Royal Oaks LP dba Whispering Fountains ® 13559.00 ❑ 20212 06/01/2019 Aaron Abdus Shakoor ® 1056.00 ❑ 20213 06/01/2019 Alamitas LLC ® 1777.00 ❑ 20214 06/01/2019 Alan Wu ® 819.00 ❑ 20215 06/01/2019 Alejandra Gutierrez ® 920.00 ❑ 20216 06/01/2019 Alfonso Contreras ® 55.00 ❑ 20217 06/01/2019 Alfred Tai -Kong Ho and Lisa Chen ® 664.00 ❑ 20218 06/01/2019 Allan M. & Virginia J Chipp and Ralph Seline ® 3170.00 ❑ 20219 06/01/2019 Alta Vista Villas, LP ® 744.00 ❑ 20220 06/01/2019 AMFP IV Atrium LLC Go Abacus Capital Group LLC ® 1118.00 ❑ 20221 06/01/2019 Amparo M Limon ® 570.00 ❑ 20222 06/01/2019 Amy Si On ® 778.00 0 20223 06/01/2019 Ana Thai ® 929.00 ❑ 20224 06/01/2019 Andrew & Eva Fogg ® 1551.00 ❑ 20225 06/01/2019 Anna & Simon Choi ® 950.00 ❑ 20226 06/01/2019 Annette C Scott ® 1513.00 ❑ 20227 06/012019 Antonio & Aida Rinos ® 1620.00 ❑ 20228 06/012019 ASCENSION HOLDINGS LLC ® 1019.00 ❑ 20229 06/012019 Badillo Street Senior Apartments, LLC ® 11588.00 ❑ 20230 06/012019 Baldwin Park Family Housing Limited ® 12744.00 ❑ 20231 06/01/2019 Becky Binh Nguyet Luu ® 2105.00 ❑ 20232 06/012019 Billy Theodorakopoulos ® 869.00 ❑ 20233 06/012019 Blessed Rock of El Monte ® 4608.00 ❑ 20234 06/012019 Brookhollow Apartments ® 3597.00 ❑ 20235 06/01/2019 Central Apartments #2 ® 1661.00 ❑ 20236 06/01/2019 Chen Jackson ® 293.00 ❑ 20237 06/012019 Chung Thi Pham ® 2109.00 *HAPPY Software Pagel 06/10/2019 8:21:26 AM i ❑ 20238 06/01/2019 Cienega Garden Apartments ® 3755.00 ❑ 20239 06/01/2019 Cipriano Salazar Jr. ® 882.00 ❑ 20240 06/01/2019 Clinett Glazis ® 991.00 ❑ 20241 06/01/2019 Covina 023 Woods 206 LP - Pama Management 206 ® 1129.00 ❑ 20242 06/01/2019 Cynthia Pham ® 765.00 ❑ 20243 06/01/2019 Dajojo, LLC ® 785.00 ❑ 20244 06/01/2019 Denise Van Pham ® 1632.00 ❑ 20245 06/01/2019 Derek Sim ® 842.00 ❑ 20246 06/01/2019 Dieu Van Huynh ® 969.00 ❑ 20247 06/01/2019 Dieu-Thuy Nu Ton ® 1549.00 ❑ 20248 06/01/2019 Dimitris Papadopoulous ® 1055.00 ❑ 20249 06/01/2019 Dinghwa Eddy Liu ® 1527.00 ❑ 20250 06/01/2019 Doan & Lily Thi ® 1652.00 ❑ 20251 06/01/2019 Don Norwood ® 1409.00 ❑ 20252 06/01/2019 Donna J Falls ® 765.00 ❑ 20253 06/01/2019 Doreen Han ® 1242.00 ❑ 20254 06/01/2019 Dung Tran ® 623.00 ❑ 20255 06/01/2019 Dung Trung Pham and Tammy Tram Dang ® 196.00 ❑ 20256 06/01/2019 EI Monte Housing Partners LP ® 2686.00 ❑ 20257 06/01/2019 Emilio De Jesus Cruz ® 537.00 ❑ 20258 06/01/2019 Eric C. Otte ® 950.00 ❑ 20259 06/01/2019 Estate of Rosetta Mix ® 843.00 ❑ 20260 06/01/2019 Eunice Property, LLC ® 885.00 ❑ 20261 06/01/2019 EZ APT LLC ® 1278.00 ❑ 20262 06/01/2019 Fanny Chan ® 680.00 0 20263 06/01/2019 Fat Law ® 1050.00 ❑ 20264 06/01/2019 Francisco J. Sanchez and Gloria Emma Sanchez ® 778.00 ❑ 20265 06/01/2019 Fred Lau ® 920.00 ❑ 20266 06/01/2019 Garvey Senior Affordable Partners, LP ® 422.00 ❑ 20267 06/01/2019 German Ghibaudo ® 1050.00 ❑ 20268 06/01/2019 Gilbert Dominguez ® 2212.00 ❑ 20269 06/01/2019 Grace Chiou ® 1262.00 ❑ 20270 06/01/2019 Greater San Gabriel Valley Property Management, Inc. ® 1590.00 ❑ 20271 06/01/2019 Group IX BP Properties, LP ® 397.00 ❑ 20272 06/01/2019 Guillermo Vasquez ® 1170.00 0 20273 06/01/2019 Ha X Van ® 2121.00 0 20274 06/01/2019 Henry Ho ® 838.00 ❑ 20275 06/01/2019 Henry Wong ® 1633.00 ❑ 20276 06/01/2019 Heritage Park Villas LP ® 14420.00 ❑ 20277 06/01/2019 Hilbert Properties II ® 755.00 ❑ 20278 06/01/2019 Hui Chuan Wang ® 3524.00 ❑ 20279 06/01/2019 Isabel R Sanchez ® 1034.00 ❑ 20280 06/01/2019 Jaime Barcena ® 918.00 ❑ 20281 06/01/2019 James or Barbara Fox ® 742.00 ❑ 20282 06/01/2019 JBMW Investment, LLC ® 764.00 ❑ 20283 06/01/2019 Jeff Ma ® 343.00 0 HAPPY Software Page 2 06/10/2019 8:21:26 AM ❑ 20284 06/01/2019 Jim & Nancy Bailey ® 596.00 ❑ 20285 06/01/2019 Jocelyn Jae Jhong ® 2105.00 ❑ 20286 06/01/2019 Joe Clark ® 1255.00 ❑ 20287 06/01/2019 John Nguyen ® 533.00 ❑ 20288 06/01/2019 John W. Ruwitch and Anh Lam Truong ® 945.00 ❑ 20289 06/01/2019 John Young ® 644.00 ❑ 20290 06/01/2019 Jose Baudelio Delgado ® 918.00 ❑ 20291 06/01/2019 Joseph H. Garcia ® 3175.00 ❑ 20292 06/01/2019 Joseph M. Kwok ® 1817.00 ❑ 20293 06/01/2019 Joseph Pham ® 814.00 ❑ 20294 06/01/2019 Joseph T. Tung ® 886.00 ❑ 20295 06/012019 Juan Alvarado ® 266.00 ❑ 20296 06/012019 Jun Ye and Ming Feng ® 1483.00 ❑ 20297 06/012019 Kan Investments LTD, LLC ® 554.00 0 20298 06/012019 Karen Lin ® 129.00 0 20299 06/012019 Kim Chau ® 837.00 ❑ 20300 06/012019 Kimberly Nguyen ® 729.00 ❑ 20301 06/012019 Kimberly U Dao ® 545.00 ❑ 20302 06/01/2019 Kwan Chiang ® 959.00 ❑ 20303 06/012019 LAI MING LEUNG ® 232.00 ❑ 20304 06/012019 Lan Hua Mi Ku ® 898.00 ❑ 20305 06/012019 Lark Ellen Village 0 5532.00 0 20306 06/012019 Larry Chow 0 2870.00 0 20307 06/012019 Lary Mimms 0 1067.00 ❑ 20308 06/012019 Larry Pratt or Doreen E. Ewing ® 1643.00 ❑ 20309 06/012019 LAT Investments, LLC ® 3665.00 ❑ 20310 06/012019 LEFA Trust ® 865.00 ❑ 20311 06/012019 Leslie K Ng ® 895.00 0 20312 06/012019 Lien Diep ® 1223.00 0 20313 06/012019 Linda Man ® 767.00 ❑ 20314 06/012019 Lois J Gaston ® 1029.00 0 20315 06/012019 Louis Tong ® 1087.00 ❑ 20316 06/012019 Lourdes Vela ® 2904.00 ❑ 20317 06/012019 Luan Trong Hoang ® 744.00 ❑ 20318 06/012019 Lucena A Ewing ® 2576.00 ❑ 20319 06/012019 Mack E Titus ® 537.00 ❑ 20320 06/012019 Malcolm Oso ® 560.00 ❑ 20321 06/012019 Mallorca Apartments, LTD ® 881.00 0 20322 06/012019 Man Sze Ma 0 1219.00 ❑ 20323 06/012019 Maria Luz Rodriguez ® 449.00 ❑ 20324 06/012019 Marina Alvarez ® 2379.00 ❑ 20325 06/012019 Mark T. Fernandez ® 476.00 ❑ 20326 06/012019 Mary L Haynes ® 996.0 ❑ 20327 06/012019 Mayra Ortega ® 818.00 ❑ 20328 06/012019 Melody (Muoi) Dao ® 1270.00 ❑ 20329 06/012019 Michael Alfred Alarcon ® 1380.00 0 HAPPY Software Page 3 06/10/2019 8:21:26 AM ❑ 20330 06/01/2019 Michael H Phuong ® 1498.00 ❑ 20331 06/01/2019 Michael I. or Ling Brooks ® 1113.00 ❑ 20332 06/01/2019 Minh A Nguyen ® 634.00 ❑ 20333 06/01/2019 Mohamad Tavakkoli 4096.00 ❑ 20334 06/01/2019 Moller Property Management ® 824.00 ❑ 20335 06/01/2019 Monica Alber ® 906.00 ❑ 20336 06/01/2019 Monrovia 612, LP ® 9070.00 ❑ 20337 06/01/2019 Monrovia Heritage Park LP ® 14708.00 ❑ 20338 06/01/2019 Monrovia Heritage Park LP ® 1569.00 ❑ 20339 06/01/2019 Mousa Boushaaya ® 1050.00 ❑ 20340 06/01/2019 Nancy H Shen ® 921.00 20341 06/01/2019 Ngoc T. Lieu ® 1848.00 ❑ 20342 06/01/2019 Nomer Lacson ® 1275.00 ❑ 20343 06/01/2019 Olie S Johnson ® 881.00 ❑ 20344 06/01/2019 Olive RE Holdings, LLC ® 3445.00 ❑ 20345 06/01/2019 Orange County Housing Authority ® 1410.70 ❑ 20346 06/01/2019 Pacific Towers Senior Apartments - TDF LP ® 4346.00 ❑ 20347 06/01/2019 Palo Verde Apartments, LP ® 928.00 ❑ 20348 06/01/2019 PAMA IV Properties, LP 2112.00 ❑ 20349 06/01/2019 Paramjit S Nihar ® 2185.00 ❑ 20350 06/01/2019 Paul & Annie W Chau ® 957.00 ❑ 20351 06/01/2019 Paul P Simon 19 987.00 0 20352 06/01/2019 Paul Yen 0 594.00 ❑ 20353 06/01/2019 Peter R Nasmyth ® 680.00 ❑ 20354 06/01/2019 Philip Tsui ® 920.00 ❑ 20355 06/01/2019 Primrose Villa ® 5256.00 ❑ 20356 06/01/2019 Quoc T. Vo ® 1221.00 ❑ 20357 06/01/2019 Quy Duc Tran ® 205.00 ❑ 20358 06/01/2019 Ralph V. Parra ® 1130.00 ❑ 20359 06/01/2019 Ramiro S. Viramontes Separate Property Trust dated ® 435.00 ❑ 20360 06/01/2019 RAMONA BLVD FAMILY APARTMENTS, L.P. ® 2765.00 ❑ 20361 06/01/2019 Raul Varela Ayala ® 886.00 ❑ 20362 06/01/2019 Richard A DaSylveira ® 778.00 ❑ 20363 06/01/2019 Robert Lawe ® 873.00 ❑ 20364 06/01/2019 Roger Hin Nam Mak ® 7580.00 ❑ 20365 06/01/2019 Roland Wiekamp ® 1237.00 ❑ 20366 06/01/2019 Roman Basin ® 456.00 ❑ 20367 06/01/2019 Ronald & Pamela Layne ® 526.00 ❑ 20368 06/01/2019 Rosa Beltran ® 835.00 ❑ 20369 06/01/2019 Rosa Lamas-Serratos ® 713.00 ❑ 20370 06/01/2019 Rosie Leon ® 774.00 ❑ 20371 06/01/2019 Roy Lam ® 891.00 ❑ 20372 06/01/2019 SAE GROUP, LLC ® 1410.00 ❑ 20373 06/01/2019 Sara Romo ® 1176.00 ❑ 20374 06/01/2019 Sel Homes LLC ® 7210.00 ❑ 20375 06/01/2019 Sergio Molina ® 258.00 0 HAPPY Software Page 4 06/10/2019 8:21:26 AM ❑ 20376 06/01/2019 Shiu-Ein Huang ® 435.00 ❑ 20377 06/01/2019 Singing Wood Senior Housing LP ® 1131.00 ❑ 20378 06/01/2019 Sitara B. Mamdani ® 1456.00 ❑ 20379 06/01/2019 Siu Fung Mak ® 1409.00 ❑ 20380 06/01/2019 Sophia Wong ® 1671.00 ❑ 20381 06/01/2019 Steadfast Cameron Park LP ® 1055.00 ❑ 20382 06/01/2019 Sui Man Mak ® 686.00 ❑ 20383 06/01/2019 Sylvester Carter ® 1146.00 ❑ 20384 06/01/2019 T & P Property LLC ® 789.00 ❑ 20385 06/01/2019 T & T Asset Holding, LLC ® 2649.00 ❑ 20386 06/01/2019 Takis Bogris ® 667.00 ❑ 20387 06/01/2019 Tanya H Chen ® 916.00 ❑ 20388 06/01/2019 Thanh M Tang ® 608.00 ❑ 20389 06/01/2019 The Piedrahita Trust "B" ® 1763.00 ❑ 20390 06/01/2019 The Promenade Housing Partners, LP ® 2902.00 ❑ 20391 06/01/2019 The Sam Gurfinkel and Renee Gurfinkel Revocable 1996 ® 1352.00 ❑ 20392 06/01/2019 Therisa L Tyck ® 1056.00 ❑ 20393 06/01/2019 Thomas Pang ® 1424.00 ❑ 20394 06/01/2019 Tinh Van Le ® 541.00 ❑ 20395 06/01/2019 Tom Cinquegrani ® 1084.00 ❑ 20396 06/01/2019 Tom Lee ® 647.00 ❑ 20397 06/01/2019 Tuan Viet Ho ® 1681.00 ❑ 20398 06/01/2019 Up Hill Investment Inc. ® 1227.00 ❑ 20399 06/01/2019 Van T Tran ® 827.00 ❑ 20400 06/01/2019 Velma Alarcon Gandara ® 1245.00 ❑ 20401 06/01/2019 Vijay Gulati ® 2607.00 ❑ 20402 06/01/2019 Vinh H. Lai ® 955.00 ❑ 20403 06/01/2019 Vintage West Covina ® 10302.00 ❑ 20404 06/01/2019 Virginia Carlson ® 1061.00 ❑ 20405 06/01/2019 Wai Keng Tam ® 965.00 ❑ 20406 06/01/2019 West Covina Senior Villas 11, LP ® 578.00 ❑ 20407 06/01/2019 West Covina Seniors Villas 1 ® 1415.00 ❑ 20408 06/01/2019 William J Rogers 995.00 ❑ 20409 06/01/2019 Wilson Apartment Associates L.P. ® 3488.00 ❑ 20410 06/01/2019 Woodside Village Apartments LP ® 7775.00 ❑ 20411 06/01/2019 Xitlalai Sanchez ® 704.00 ❑ 20412 06/01/2019 Xue Fen Xu ® 1198.00 ❑ 20413 06/01/2019 Xuyen Thach Han ® 1669.00 ❑ 20414 06/01/2019 Y & H Investment, Inc. ® 1568.00 ❑ 20415 06/01/2019 Zi Jian Li ® 1268.00 ❑ 20416 06/06/2019 Greater San Gabriel Valley Property Management, Inc. ® 242.00 0 20417 06/06/2019 Jun Tang ® 2095.00 ❑ 20418 06/06/2019 Singing Wood Senior Housing LP ® 1659.00 0 HAPPY Software Page 5 06/10/2019 8:21:26 AM Total $370,638.70 Average $865.98 Unit Count 418 Average Weighted by Unit Count $882.62 Hard to House Count 4 0 HAPPY Software Page 6 06/10/2019 8:21:26 AM ITEM NO. 2 TO: Honorable Chair and Board Members of the Housing Authority FROM: Rose Tam, Director of Finance DATE: June 19, 2019 SUBJECT: Treasurer's Report —April 2019 SUMMARY Attached is the Treasurer's Report for the month of April 2019. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for April 2019. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report Exhibit "A" Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 4/30/2019 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City -Including General Fund B all other Special Revenue Funds 2.45% Varies Varies Housing Authority 2.45% Varies Varies Certlflcate of Deposit $ 33,087,070.18 $ 33,087,070.18 $ 33,087,070.18 Citibank National Association (Mutual Securities) 2.66% 1/25/2019 1/25/2021 Goldman Sachs Bk USA NY (Mutual Securities) 2.25% 1/24/2018 1/24/2020 Sallie Mae Bk SILT Lake City UT (Mutual Securities) 2.25% 1/24/2018 1/24/2020 Morgan Stanley Bank N A Utah (Cantella) 2.64% 4/19/2018 4/20/2020 Barclays Bank Del(Cantella) 3.05% 12/19/2018 12/21/2020 Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies Fiscal Agent Funds -Successor Agency (Trust/Debt Service Fund; Varies Varies Varies $ 33,087,070.18 $ 33,087,070.18 $ 33,087,070.18 $ 33,087,070.18 13,655.34 13,655.34 13,655.34 13,655.34 33,100,725.52 33,100,725.52 33,100,726.62 33,100,725.52 250,000.00 250,000.00 260,000.00 250,777.50 250,000.00 250,000.00 250,000.00 249,680.00 250,000.00 250,000.00 260,000.00 249,680.00 250,000.00 250,000.00 250,000.00 260,487.60 250,000.00 250,000.00 250,000.00 252,347.60 1,250,000.00 1,250,000.00 1,250,000.00 1,262,972.50 7,591,768.03 7,591,768.03 7,591,768.03 7,591,768.03 10,979.70 10,979.70 10,979.70 10,979.70 7,602,747.73 7,602,747.73 7,602,747.73 7,602,747.73 $ 41,953,473.25 $ 41,953,473.25 $ 41,858,445.75 41,953,473.25 S Total Investments $ 41,953,473.25 Cash with Bank of the West City Checking 1,252,783.83 Money Market Plus 132,852.62 City Miscellaneous Cash 150,112.73 Successor Agency 424,472.89 Housing Authority 144,029.75 Financing Authority 11,700.00 Investment Brokerage 268,643.43 Total Cash with Bank of the West 2,374,595.15 Total Cash and Investments $ 44,328,068.40 Schedule of Cash and Investments Includes city-wide assets as included in the Comprehensive Annual Financial Report. • Three Certificate of Deposits matured in April 2019 and several depositstwithdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance