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HomeMy WebLinkAbout12.15.21 Staff Report NOTICE 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, December 15, 2021 at 5:00 PM. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED THE COUNCIL CHAMBER WILL BE OPEN TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS. Posted: December 9, 2021. Emmanuel J. Estrada Mayor AFFIDAVIT OF POSTING I, Marlen Garcia, 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 December 15, 2021. Marlen Garcia, City Clerk AGENDA BALDWIN PARKCITY COUNCIL SPECIAL MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 December 15, 2021 5:00 PM THE COUNCIL CHAMBER WILL BE OPEN TO THE PUBLIC ON A FIRST COME, FIRST SERVE BASIS, WITH LIMITED SEATING CAPACITY IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS Audio Streaming will be available at: https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Audio Streaming Simultaneously in Spanish will be available at: https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA Emmanuel J. Estrada - Mayor Alejandra Avila - Mayor Pro Tem Daniel Damian - Council Member Monica Garcia - Council Member Paul C. Hernandez - Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. COMENTARIOS DEL PUBLICO Se invita al público a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda. De acuerdo con el capítulo 39 del Código Municipal de la Ciudad de Baldwin Park, los comentaros deben se dirigidos al Concilio como una sola entidad, y no ser impertinentes, difamatorios, o profanos, o interrumpir la paz de la reunión. CALL TO ORDER: ROLL CALL: Council Members: Daniel Damian, Monica Garcia, Paul C. Hernandez, Mayor Pro Tem Alejandra Avila, and Mayor Emmanuel J. Estrada PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos será 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 SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2] If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 5:00 PM to 6:00 PM on December 15, 2021 to comments@baldwinpark.com. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, or sign, please indicate your request in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume. OPEN SESSION/STUDY SESSION • Campaign Contribution Presentation Presented by Jonathan Mehta Stein, Executive Director of California Common Cause and Sean McMorris, Policy and Organizing Consultant • Zocalo Plaza – Street Closure and Redesign Options Presented by La Cañada Design Group, Kevin O’brien and Scott Brady RECESS TO CLOSED SESSION 1. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6: Agency Designated Representative: Enrique C. Zaldivar, Chief Executive Officer, Laura Thomas, Human Resources/Risk Manager, Rose Tam, Director of Finance, and Rebecca T. Green, Richards Watson Gershon, Employee Organizations: Baldwin Park City Employees Association (CEA) CITY COUNCIL SPECIAL MEETING – 5:00 P.M. Baldwin Park Classified Confidential Employees Association (CCEA) Baldwin Park Classified Management Employees Association (CMEA) Baldwin Park Police Management Employees Association (PMEA) Baldwin Park Police Association (POA) Service Employee International Union (SEIU) 2. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: City of Baldwin Park v. City of Irwindale, et al Case No. BS163400 Los Angeles County Superior Court Case Case Name: City of Baldwin Park v. McLean Case No. 20STCV25341 3. 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): Four (4) RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION I, Marlen Garcia, 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 December 15, 2021. Marlen Garcia City Clerk For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or e- mail lmorales@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) AGENDA BALDWIN PARK CITY COUNCIL REGULAR MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 December 15, 2021 7:00 PM THE COUNCIL CHAMBER WILL BE OPEN TO THE PUBLIC ON A FIRST COME, FIRST SERVE BASIS, WITH LIMITED SEATING CAPACITY IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS Audio Streaming will be available at: https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Audio Streaming Simultaneously in Spanish will be available at: https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA Emmanuel J. Estrada - Mayor Alejandra Avila - Mayor Pro Tem Daniel Damian - Council Member Monica Garcia - Council Member Paul C. Hernandez - Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING THE MEETING. PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. COMENTARIOS DEL PÚBLICO Se invita al público a dirigirse al Concilio o cualquier otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que esté bajo su jurisdicción. De acuerdo con el capítulo 39 del Código Municipal de la Ciudad de Baldwin Park, los comentaros deben se dirigidos al Concilio como una sola entidad, y no ser impertinentes, difamatorios, o profanos, o interrumpir la paz de la reunión. City Council Agenda Page 2 CITY COUNCIL REGULAR MEETING – 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Daniel Damian, Monica Garcia, Paul C. Hernandez, Mayor Pro Tem Alejandra Avila, and Mayor Emmanuel J. Estrada REPORT FROM CLOSED SESSION ANNOUNCEMENTS The City Council are also members of the Board of Directors of the Housing Authority, and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Water Conservation Presentation Presented by Jose Martinez Valley County Water General Manager • Waste Management Service Day Change Presentation Presented by Terri Muse, Public Sector Solutions Representative • Oath of Office for Personnel and Housing Commissioners PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos será el límite 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 SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2] If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 7:00 PM to 8:00 PM on December 15, 2021 to comments@baldwinpark.com. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, or sign, please indicate your request in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume. City Council Agenda Page 3 CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. City of Baldwin Park’s Warrants and Demands Staff recommends that the City Council ratify the attached Warrants and Demands Register. 2. Treasurer’s Report – October 2021 Staff recommends that Council receive and file the Treasurer’s Report for October 2021. 3. Purchase of Automated License Plate Readers (“ALPR”) Camera Subscription from Flock Safety (Flock Group, Inc.) for the Police Department Staff recommends that City Council: 1. Approve the 1-year lease of thirty (30) Automated License Plate Reader Cameras from Flock Group INC., in an amount not-to-exceed $86,000 based on the sole source purchasing process per BPMC §34.23(B): Bidding exceptions; and 2. Authorize the Director of Finance to appropriate the $86,000 from American Rescue Plan Act (ARPA) revenue loss category, account number 275-30-340-58110-13026 and to make the necessary budget adjustments; and 3. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchase and installation. 4. Purchase of the Taser 7 Device from Axon Enterprises, Inc. Staff recommends that City Council: 1. Approve an increased allocation of funding from the ARPA funds of $57,000 to purchase the TASER 7 devices and equipment for the Police Department based on the sole source purchasing process per BPMC §34.23(B): Bidding exceptions; and 2. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchase; and 3. Authorize the Director of Finance to make the necessary budget appropriation and adjustments for the purchase of the TASER 7 devices of an amount not to exceed $185,000. 5. Second Reading of Ordinance No. 1466 Entitled: “An Ordinance of the City Council of the City of Baldwin Park, California, Authorizing the City of Baldwin Park to Enter into a Statutory Development Agreement with Don Verde, LLC, for the Cultivation and Manufacturing of Commercial Cannabis at the Real Property Located at: 13075 Garvey Avenue, Baldwin Park, California 91076 (APN 8556-022-043)” Staff recommends that the City Council waive second reading and adopt Ordinance No. 1466, entitled: “An Ordinance of the City Council of the City of Baldwin Park, California, Authorizing the City of Baldwin Park to Enter into a Statutory Development Agreement with Don Verde, LLC, for the Cultivation and Manufacturing of Commercial Cannabis at the Real Property Located at: 13075 Garvey Avenue, Baldwin Park, California 91076 (APN 8556-022-043)”. City Council Agenda Page 4 6. Status Update Related to Street Vending Efforts Staff recommends that the City Council accept and file this staff report and provide comment and direction related to the following tasks: 1. Amend Baldwin Park Municipal Code (BPMC) 122.99 (Sidewalk Vending) in accordance with Senate Bill 946 with the goal of updating restrictions and providing clarification to the street vendor community; and 2. Plan and implement a 2022 series of City-sponsored food events designed for street vendor participation; and 3. Develop a financial loan and/or grant assistance program for street vendors; and 4. Support the dedication of a staff member in the Community Development Department to act as a Street Vendor Liaison/Advocate including the creation of marketing and educational materials; and 5. Direct staff to market and participate in the next mobile retail and food truck expo in Los Angeles to occur in 2022; and 6. Explore the idea of creating a more convenient commissary for street vendor storage and maintenance requirements; and 7. Apply enforcement of Baldwin Park Municipal Code 122.9 in ensuring compliance with its requirements. City Shall defer the confiscation of food products to the LA County Department of Public Health Depending upon City Council direction related to the tasks above or additional direction as provided, city staff will be able to return within the next 45-60 days for Council consideration and potential action. 7. Summary of Cannabis Program Inspections Staff recommends that the City Council receive and file this report. 8. Adopt Resolutions Approving Memorandums of Understanding between The City of Baldwin Park And Baldwin Park City Associations for (CEA), (CCEA), (CMEA), (POA), (PMEA), (SEIU), the Executive & Unclassified Managers Benefits Matrix; and Approval of one-time Premium Pay using ARPA Funds for Active City Employees Staff recommends that the City Council approve and adopt: 1. Resolution No. 2021-036 to Approve the MOU with the Baldwin Park City Employees Association (CEA); and 2. Resolution No. 2021-037 to Approve the MOU with the Baldwin Park Classified Confidential Employees Association (CCEA); and 3. Resolution No. 2021-038 to Approve the MOU with the Baldwin Park Classified Management Employees Association (CMEA); and 4. Resolution No. 2021-039 to Approve the MOU with the Baldwin Park Police Officers Association (POA); and 5. Resolution No. 2021-040 to Approve the MOU with Police Management Employees Association (PMEA); and 6. Resolution No. 2021-041 to Approve the MOU with the Service Employees International Union Local 721 (SEIU); and 7. Resolution No. 2021-042 Amending the Executive Employees and Unclassifed Managers Benefits Matrix to grant similar adjustments as other groups; and 8. Resolution No. 2021-043 Updating the Comprehensive City of Baldwin Park Pay Schedule to reflect salary adjustments retroactive to July 1, 2021; salary adjustments to be effective December 26, 2021 and and minimum wage salary adjustments to be effective January 1, 2022; and City Council Agenda Page 5 9. Resolution No. 2021-044 to appropriate ARPA funds to currently active part-time employees who worked during the pandemic in accordance with ARPA regulations; and 10. Authorize the Director of Finance to set aside $2M from the FY 2021 General Fund surplus to cover the estimated costs of this MOU (FY 2021-22 to FY 2023-24) for the General Fund portion and complete all appropriations and budget amendments; and 11. Authorize the Chief Executive Officer to make corrections and adjustments technical in nature to be in conformance with the intent of the City Council. 9. Accept Completed Improvements and Authorize Close-Out of Project Expenditures for Esperanza Villa Consisting of Material Procurements, Site Preparation and Construction Work Staff recommends that the City Council: 1. Approve final expenditures for materials procurement and placement by Staff for: a. Greenshine, Inc. for purchase of portable lighting fixtures in the amount of $40,934.03; and b. U-Line, Inc. for purchase of on-site furnishings in the amount of $19,023.64; and 2. Approve final expenditures for improvements for contract services from: a. Greg Ruvolo for installation of perimeter fencing in the amount of $91,117.68; and b. Automation Solutions, Inc. for installation of electrical equipment and site connections in the amount of $42,379.96; and c. AAA Network Solutions, for installation of camera security surveillance system and access control in the amount of $41,907.47; and d. J.C.'s Plumbing & Backflow improvements for plumbing connections in the amount of $4,363.00; and e. Sewer Pros improvements for the connections to restroom building and laundry facilities including gas connections repairs in the amount of $15,500.00; and 3. Authorize the Director of Finance to appropriate $12,255.55 from fund 259 to Account No. 259-50-520-58100-55003 for final expenditures related to project close-out costs; and 4. Authorize the Director of Finance to make the necessary budget adjustments and authorize the Director of Public Works to process invoices including reimbursement request made to the SGVRHT for qualified expenditures. 10. Approve a Request-for-Service Proposal for Civil Design and Engineering Services for Sewer and Storm Drain Improvements at Calino Avenue (Private Residential Street) Staff recommends that the City Council: 1. Authorize the Director of Public Works to execute the proposal from Infrastructure Engineers in the amount of $45,810 for Civil and Engineering Services for the development of plans, specifications and estimate for Calino Avenue Sewer and Storm Drain Improvements; and 2. Direct staff to prepare an Engineer’s Report for the formation of the Calino Avenue Assessment District 2004–01 per adopted Resolution 2004-073; and 3. Authorize the Director of Finance to appropriate American Recovery Plan Act (ARPA) funds, Infrastructure category, in the amount of $50,810 for Civil and Engineering Design Services and preparation of the Engineer’s Report. City Council Agenda Page 6 11. Baldwin Park Resident Owned Utility District (BPROUD) Program-Decertification and Reversion Process – Status Update Staff recommends that the City Council receive and file this report. 12. Adoption of a Resolution to Continue Conducting City Council/Commission/ Board Meetings Remotely in Accordance with the Brown Act Executive Order and AB 361 Staff recommends that the City Council adopt Resolution No. 2021-045 to continue conducting City Council/Commission/Board Meetings remotely in accordance with the Brown Act executive orders and AB 361 (covering meetings held from December 15, 2021 through January 14, 2022) and re-evaluate the state of emergency every 30 days to make findings under the bill’s teleconferencing exemptions. 13. Adoption of Resolution No. 2021-046 of the City Council of City of Baldwin Park Approving Application for Per Capita Grant Funds to Renovate the Day Care Center into Recreational Space Staff recommends the City Council to: 1. Adopt Resolution No. 2021-046 entitled, “A Resolution of the City Council of the City of Baldwin Park, California Approving Application for Per Capita Grant Funds to Renovate the Day Care Center into Recreational Space”; and 2. Authorize the Director of Recreation and Community Services to submit grant application and execute any necessary documents associated with the grant. 14. Consideration to Amend the Agreement with California Cleaning Maintenance for Citywide Janitorial Services Staff recommends that the City Council to: 1. Approve an amendment to agreement with California Cleaning Maintenance for citywide janitorial services; and 2. Authorize Director of Recreation & Community Services to execute the Amendment; and 3. Authorize the Director of Finance to appropriate funds. 15. Report for the Steven McLean Settlement Agreement in the amount of $150,000 Staff recommends that the City Council receive and file this report. 16. Report Regarding the Settlement of the Baldwin Park’s Appeal of the Athens/MRF for $300,000 Staff recommends that the City Council approve the settlement agreement and dismiss its appeal. 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 – October 2021 Staff recommends that the Board receive and file the Treasurer’s Report for October 2021. City Council Agenda Page 7 SA-2 Approval of the Recognized Obligation Payment Schedule (ROPs 22-33) for the Period from July 1, 2022 to June 30, 2023 and Administrative Budget Staff recommends the City Council, as governing body of the SA: 1. Approve the ROPS 22-23 and SA Resolution No. 2021-003 for the period of July 1, 2022 through June 30, 2023; and 2. Adopt the Successor Agency Administrative Budget for Fiscal Year 2022-23; and, 3. Direct staff to proceed with submitting the final ROPS 22-23 to the LA County First District Consolidated Oversight Board for approval no later than January 10, 2022; and 4. Send the approved ROPS 22-23 to the County Executive Office, County Auditor Controller, the State Controller, and DOF by February 1, 2022; and 5. Instruct staff to post the approved ROPS 22-23 on the City’s website. REPORTS OF OFFICERS 17. Reorganization of the City Council – Selection of Mayor Pro Tempore Staff recommends City Council complete the reorganization of the City Council and follow procedures as suggested for the selection of Mayor Pro Tempore as follows: 1. The City Clerk opens the nominations for the office of Mayor Pro Tempore. Any Councilmember may nominate and no second to the nomination is required; and 2. After receiving nominations, the City Clerk closes the nominations; and 3. The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the order in which nominations are received until a Mayor Pro Tempore is elected by majority vote. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION ADJOURNMENT CERTIFICATION I, Marlen Garcia, 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 9th day of December, 2021. Marlen Garcia City Clerk For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at lmorales@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) STAFF REPORT ITEM NO. ________1_________ TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: December 15, 2021 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 payroll for the last period was $477,753.62 and the attached General Warrants Register was $1,310,478.99 for a total amount of $1,788,232.61. 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 payroll of the City of Baldwin Park consists of check numbers 201244 to 201259 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 30067 to 30306 for the period November 14, 2021 through November 27, 2021, inclusive; these are presented and hereby ratified in the amount of $477,753.62. 2. General Warrants, with the bank drafts in the amount of $328,201.56 and checks from 234541 to 234637 in the amount of $982,277.43 for the period of November 18, 2021 to December 2, 2021, inclusive; in the total amount of $1,310,478.99 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. Check Register STAFF REPORT ITEM NO. ________2_________ TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: December 15, 2021 SUBJECT: Treasurer’s Report – October 2021 SUMMARY Attached is the Treasurer’s Report for the month of October 2021. 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 October 2021. 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 STAFF REPORT ITEM NO. _______3________ TO: Honorable Mayor and Members of the City Council FROM: Robert López, Chief of Police DATE: December 15, 2021 SUBJECT: Purchase of Automated License Plate Readers (“ALPR”), Camera Subscription from Flock Safety (Flock Group, Inc.) for the Police Department SUMMARY This report seeks authorization from the City Council to purchase 30 Automated License Plate Readers "ALPR" cameras from Flock Safety ("Flock") in the amount of $86,000. RECOMMENDATION Staff recommends that City Council: 1. Approve the 1-year lease of thirty (30) Automated License Plate Reader Cameras from Flock Group INC., in an amount not-to-exceed $86,000 based on the sole source purchasing process per BPMC §34.23(B): Bidding exceptions; and 2. Authorize the Director of Finance to appropriate the $86,000 from American Rescue Plan Act (ARPA) revenue loss category, account number 275-30-340-58110-13026 and to make the necessary budget adjustments; and 3. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchase and installation. FISCAL IMPACT There is no impact to General Fund. Funding for this proposal is available from the American Rescue Plan Act (ARPA) revenue loss category, account number 275-10-730-58105-51001. Total cost for the equipment lease is an amount not-to-exceed $86,000. BACKGROUND Automated License Plate Reader "ALPR" technology has been used by police agencies to help locate stolen vehicles and solve other crimes where an automobile has been used. ALPR technology has continued to evolve and become less cost prohibitive. Traditional ALPR systems included expensive fixed camera locations or mobile devices mounted in patrol cars. Flock Safety presented staff with a desirable approach to deploying ALPR cameras throughout the community. Unlike other fixed or mobile ALPR devices, the Flock system provides the ability to cover more area of the city with system maintenance provided by the vendor rather than City staff. The Flock program is an all-inclusive model for deploying the APLR cameras. Flock Safety is the sole manufacturer and developer of the Flock Safety Camera. There are several other differences between Flock and other ALPR companies. Most notably they are the only manufacturer and service provider that leases ALPR services. Others require the city to purchase equipment. The key benefits of Flock are that they charge an annual flat rate lease per camera of $2,500, which is wireless, free of infrastructure setup, and has the option for solar or direct power. They also include a two-year warranty, Criminal Justice Information Services (CJIS) compliant cloud-based hosting, unlimited user licenses, ongoing software enhancements, camera setup, mounting, shipping, handling, and a cellular connection. The Flock lease program prevents the City from being burdened with maintaining costly equipment at the end of the agreement, which could require replacement. Once the license plate is processed, the officer operating the ALPR (or the Department's Dispatch Center) is notified within seconds whenever a license plate is read that is associated with the following criteria: stolen vehicle, identification of vehicles connected to wanted felons, Amber Alerts, etc.. The ALPR retains the captured license plates and photographs of every vehicle it "sees". This allows investigators to review captured vehicle information to possibly locate vehicles that may have been associated with criminal activity in certain areas of the City. The system also serves as a force multiplier. During a 12-hour shift, a very busy officer is capable of manually entering 100 to 200 license plates; however, an ALPR system can easily capture and record 3,000 to 4,000 plates in the same time frame. The ALPR system, to date, has resulted in countless recoveries of stolen vehicles and alerts of criminally wanted vehicles entering the City, leading to arrests. Flock Safety ALPR System is a deployment of cameras throughout an area to provide greater coverage and more detailed information for law enforcement. The Flock lease proposed here would include 30 cameras which can be spread throughout the City in high crime areas. Flock's cameras capture date, time, location, license plate (state, partial, paper, and no plate), as well as vehicle details (type and color). Other local communities including Azusa, San Dimas, San Marino, Covina, and the Los Angeles Sheriff's Department have chosen the Flock system. LEGAL REVIEW The proposed contract has been reviewed by the City Attorney as to form and content. ALTERNATIVES 1. Direct staff to research other vendors. 2. Forego an ALPR program. ATTACHMENTS 1. Flock Safety Sole Source Letter 2. Price quote and Service Agreement for Flock Group Inc. 3. Proposal Summary of Services for Baldwin Park 4. Certificate of Insurance for Flock Group Inc. Sole Source Letter for Flock Safety ALPR Cameras and Solution Flock Safety is the sole manufacturer and developer of the Flock Safety ALPR Camera. Flock Safety is also the sole provider of the comprehensive monitoring, processing, and machine vision services which integrate with the Flock Safety ALPR Camera. The Flock Safety ALPR camera is the only Law Enforcement Grade ALPR System to offer the following combination of proprietary features: ●Patented proprietary machine vision to analyze vehicle license plate, state recognition, vehicle color, vehicle type, vehicle make and objects (roof rack, unique hubcap, etc.) based on image analytics (not car registration data) ●Machine vision to capture and identify characteristics of vehicles with a paper license plates and vehicles with the absence of a license plate ●Ability to capture two (2) lanes of traffic simultaneously with a single camera from a vertical mass ●Ability to ‘Save Search’ based on description of vehicles using our patented Vehicle Fingerprint Technology without the need for a license plate, and set up alerts based on vehicle description ●Wireless deployment of license plate reading cameras with integrated cellular communication weighing less than 5lbs and able to be powered solely by a solar panel of 60W or less ●Best in class ability to capture and process up to 30,000 vehicles per day with a single camera powered exclusively by solar power ●One-of-a-kind “Transparency Portal” public-facing dashboard that details the policies in place by the purchaser, as well as automatically updated metrics from the Flock system ●Only LPR provider with “Visual Search” to create investigative leads with reverse image search to find similar vehicles based on the vehicle attributes in the uploaded photo ●On device machine processing to limit LTE bandwidth consumption ●Cloud storage of footage ●Direct integration with Axon Evidence.com (Flock is the only Axon LPR integration partner) ●Built-in integration with NCMEC to receive AMBER Alerts to find missing children ●Integration of onboard cameras on all Police Vehicles with Flock System ●Share data across Law Enforcement Departments on a National level ●Web based footage retrieval tool with filtering capabilities such as vehicle color, vehicle type, vehicle manufacturer, partial or full license plate, state of license plate, and object detection ●Utilizes motion capture to start and stop recording without the need for a reflective plate 1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318 ●Motion detection allows for unique cases such as bicycle capture, ATV, motorcycle, etc. ●Privacy controls to enable certain vehicles to “opt-out”of being captured ●Performance monitoring software to predict potential failures, obstructions, tilts, and other critical or minor issues ●Natively integrated audio and gunshot detection capabilities ●Covert industrial design for minimizing visual pollution ●Lifetime maintenance and support included in subscription price ●Access to additional cameras purchased by our HOA and private business partners, means an ever-increasing amount of cameras and data at no additional cost ●Flock Safety is the only fully integrated ALPR one-stop solution from production of the camera to delivery and installation Thank you, Garrett Langley CEO, Flock Safety 1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318 Flock Group Inc. Today's Date - Sep 22, 2021 This proposal expires in 90 days. Order Form City of Baldwin Park 2021-2736 FLOCK GROUP INC. SERVICES AGREEMENT ORDER FORM This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Inc. (“Flock”) and the customer identified below (“Customer”) (each of Flock and Customer, a ”Party”). This order form (“Order Form”) hereby incorporates and includes the “GOVERNMENT AGENCY CUSTOMER AGREEMENT” attached (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations. The Agreement will become effective when this Order Form is executed by both Parties (the “Effective Date”). Customer: City of Baldwin Park Contact Name: Lt Joshua Hendricks 14403 Pacific Ave Address: Baldwin Park, CA 91706 Phone: E-Mail: jhendricks@baldwinpark.com Expected Payment Method: Billing Contact: (if different than above) Initial Term: 12 Renewal Term: 12 Months Billing Term: Annual payment due Net 30 per terms and conditions Name Price QTY Subtotal (Includes one-time fees) Flock Falcon Camera $2,500.00 30 $75,000.00 Flock Safety Advanced Search 25-49 Falcons $3,500.00 1 $3,500.00 Implementation Fee (Public) $250.00 30 $7,500.00 Year 1 Total $86,000.00 Flock Group Inc. Today's Date - Sep 22, 2021 This proposal expires in 90 days. Order Form City of Baldwin Park 2021-2736 Recurring Total: 78500 Special terms: Flock will offer a 1 year term for the city to evaluate the solution By executing this Order Form, Customer represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below. Flock Group Inc Customer: By: Name: Alex Latraverse By: Name: Title: VP of Growth Title: Date: Date: Flock Group Inc. Today's Date - Sep 22, 2021 This proposal expires in 90 days. Order Form City of Baldwin Park 2021-2736 EXHIBIT A Statement of Work Installation of Flock Camera on existing pole or Flock-supplied pole if required GOVERNMENT AGENCY CUSTOMER AGREEMENT This Government Agency Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 (“Flock”) and the police department or government agency identified in the signature block below (“Agency”) (each a “Party,” and together, the “Parties”). RECITALS WHEREAS, Flock offers a software and hardware solution for automatic license plate detection through Flock’s technology platform (the “Flock Service”), and upon detection, the Flock Service creates images and recordings of suspect vehicles (“Footage”) and can provide notifications to Agency upon the instructions of Non- Agency End User (“Notifications”); WHEREAS, Agency desires to purchase, use and/or have installed access to the Flock Service in order to create, view, search and archive Footage and receive Notifications, including those from non -Agency users of the Flock System (where there is an investigative purpose) such as schools, neighborhood homeowners associations, businesses, and individual users; WHEREAS, because Footage is stored for no longer than (thirty) 30 days in compliance with Flock’s records retention policy, Agency is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes; and WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and conditions of this Agreement, solely for the purpose of crime awareness and prevention by police departments and archiving for evidence gathering (“Purpose”). AGREEMENT NOW, THEREFORE, Flock and Agency agree as follows and further agree to incorporate the Recitals into this Agreement. 1. DEFINITIONS Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section 1. 1. “Authorized End User” shall mean any individual employees, agents, or contractors of Agency accessing or using the Flock Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement. 1.2 "Agency Data” will mean the data, media and content provided by Agency through the Flock Services. For the avoidance of doubt, the Agency Data will include the Footage and geolocation information and environmental data collected by sensors built into the Units. 1.3 “Documentation” will mean text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Flock Services which are provided by Flock to Agency in accordance with the terms of this Agreement. 1.4 “Embedded Software” will mean the software and/or firmware embedded or preinstalled on the Hardware. 1.5 “Flock IP” will mean the Flock Services, the Documentation, the Hardware, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing. 1.6 “Footage” means still images and/or video captured by the Hardware in the course of and provided via the Flock Services. 1.7 “Hardware” shall mean the Flock cameras and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services. The term “Hardware” excludes the Embedded Software. 1.8 “Implementation Fee(s)” means the monetary fees associated with the Installation Services, as defined in Section 1.9 below. 1.9 “Installation Services” means the services provided by Flock regarding the installation, placements and configuration of the Hardware, pursuant to the Statement of Work attached hereto. 1.10 “Flock Services or Services” means the provision, via the Web Interface, of Flock’s software application for automatic license plate detection, searching image records, and sharing Footage. 1.11 “Non-Agency End User” means a Flock’s non-Agency customer that has elected to give Agency access to its data in the Flock system. 1.12 “Non-Agency End User Data” means the Footage, geolocation data, environmental data and/or notifications of a Non-Agency End User. 1.13 “Unit(s)” shall mean the Hardware together with the Embedded Software. 1.14 “Usage Fee” means the subscription fees to be paid by the Agency for ongoing access to Flock Services and Hardware. 1.15 “Support Services” shall mean On-site Services and Monitoring Services, as defined in Section 2.9 below. 1.16 “Web Interface” means the website(s) or application(s) through which Agency and its Authorized End Users can access the Flock Services in accordance with the terms of this Agreement. 2. FLOCK SERVICES AND SUPPORT 2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non -exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Service Term (as defined in Section 6.1) and No-Fee Term, solely for the Authorized End Users. The Footage will be available for Agency’s designated administrator, listed on the Order Form, and any Authorized End Users to access via the Web Interface for thirty (30) days. Authorized End Users will be required to sign up for an account, and select a password and username (“User ID”). Flock will also provide Agency the Documentation to be used in accessing and using the Flock Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User’s use of the Flock Services and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, including without limitation using a third party to host the Web Interface which the Flock Services makes available to Agency and Authorized End Users WARRANTIES PROVIDED BY SUCH THIRD PARTIES, ARE THE AGENCY’S SOLE AND EXCLUSIVE REMEDY AND FLOCK’S SOLE AND EXCLUSIVE LIABILITY WITH REGARD TO SUCH THIRD-PARTY SERVICES, INCLUDING WITHOUT LIMITATION HOSTING THE WEB INTERFACE. To the extent practicable, Agency agrees to comply with any acceptable use policies and other terms of any third -party service provider that are provided or otherwise made available to Agency from time to time. 2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, non - exclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Hardware by Flock; in each case, solely as necessary for Agency to use the Flock Services. 2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a non- exclusive, non-transferable right and license to use the Documentation during the Service Term in connection with its use of the Flock Services as contemplated herein, and under Section 2.4, below. 2.4 Usage Restrictions. The purpose for usage of the Hardware, Documentation, Services, support, and the Flock IP is solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency and not for tracking activities that the system is not designed to capture (“Permitted Purpose”). Agency will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP, or attempt to do any of the foregoing, and Agency acknowledges that nothing in this Agreement will be construed to grant Agency any right to obtain or use such source code; (iii) modify, alter, tamper with or repair any of the Flock IP, or create any derivative product from any of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Flock; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Flock Services or Flock IP; (vi) use the Services, support, Hardware, Documentation or the Flock IP for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Agency’s rights under Sections 2.1, 2.2, or 2.3. 2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. There are no implied rights. 2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency’s and any Authorized End User’s access to any portion or all of the Flock IP if (i) Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP; (b) Agency’s or any Authorized End User’s use of the Flock Service disrupts or poses a security risk to the Flock Service or any other customer or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock’s provision of the Flock Services to Agency or any Authorized End User is prohibited by applicable law; (e) any vendor of Flock has suspended or terminated Flock’s access to or use of any third party services or products required to enable Agency to access the Flock IP; or (f) Agency has violated any term of this provision, including, but not limited to, utilizing the Flock Services for anything other than the Permitted Purpose (each such suspension, in accordance with this Section 2.6, a “Service Suspension”). Flock will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Agency (including notices sent to Flock’s registered email address) and to provide updates regarding resumption of access to the Flock I P following any Service Suspension. Flock will use commercially reasonable efforts to resume providing access to the Flock Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Agency or any Authorized End User may incur as a result of a Service Suspension. To the extent that the Service Suspension is not caused by Agency’s direct actions or by the actions of parties associated with the Agency, the expiration of the Term will be tolled by the duration of any suspension (for any continuous suspension lasting at least one full day). 2.7 Installation Services. 2.7.1 Designated Locations. Prior to performing the physical installation of the Units, Flock shall advise Agency on the location and positioning of the Units for optimal license plate image capture, as conditions and location allow. Flock and Agency must mutually agree on the location (mounting site or pole), position and angle of the Units (each Unit location so designated by Agency, a “Designated Location”). Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency’s delay in identifying the choices for the Designated Locations, in ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready. Designated Locations that are suggested by Flock and accepted by Agency without alteration will be known as Flock Designated Locations. After a deployment plan with Designated Locations and equipment has been agreed upon by both Flock and the Agency, any subsequent changes to the deployment plan (“Reinstalls”) driven by Agency's request will incur a charge for Flock’s then-current list price for Reinstalls, as listed in the then-current Reinstall Policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any equipment charges. These changes include but are not limited to camera re-positioning, adjusting of camera mounting, re-angling, removing foliage, camera replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like. 2.7.2 Agency’s Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the installation work, The “Agency Installation Obligations” include, to the extent required by the deployment plan, but are not limited to electrical work to provide a reliable source of 120V AC power that follow Flock guidelines and comply with local regulations if adequate solar exposure is not available. Agency is solely responsible for (i) any permits or associated costs, and managing the permitting process; (ii) any federal, state or local taxes including property, license, privilege, sales, use, excise, gross receipts or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Hardware, its use, or (iii) any other services performed in connection with installation of the Hardware. Flock will provide options to supply power at each Designated Location. If Agency refuses alternative power supply options, Agency agrees and understands that Agency will not be subject to any reimbursement, tolling, or credit for any suspension period of Flock Services due to low solar. Flock will make all reasonable efforts within their control to minimize suspension of Flock Services. Any fees payable to Flock exclude the foregoing. Without being obligated or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and warrants that it has all necessary right title and authority and hereby authorizes Flock to install the Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation. 2.7.3 Flock’s Installation Obligations. The Hardware shall be installed in a workmanlike manner in accordance with Flock’s standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are selected by Agency. Following the initial installation of the Hardware and any subsequent Reinstalls or maintenance operations, Flock’s obligation to perform installation work shall cease; however, Flock will continue to monitor the performance of the Units for the length of the Term and will receive access to the Footage for a period of three (3) business days after the initial installation in order to monitor performance and provide any necessary maintenance solely as a measure of quality control. Age ncy can opt out of Flock’s access to Footage after the initial installation which would waive Flock’s responsibility to ensure such action was successful. Agency understands and agrees that the Flock Services will not function without the Hardware. Labor may be provided by Flock or a third party. 2.7.4 Security Interest. The Hardware shall remain the personal property of Flock and will be removed upon the termination or expiration of this Agreement. Agency agrees to perform all acts which may be necessary to assure the retention of title of the Hardware by Flock. Should Agency default in any payment for the Flock Services or any part thereof or offer to sell or auction the Hardware, then Agency authorizes and empowers Flock to remove the Hardware or any part thereof. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Agency’s default and Flock shall have the right to enforce any other legal remedy or right. 2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock’s price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable sub stances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless. Any additional expenses incurred by Flock as a result of the discovery or presence of hazardous material or hazardous conditions shall be the responsibility of Agency and shall be paid promptly upon billing. 2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations (“Monitoring Services”). Subject to the terms hereof, Flock will provide Agency with reasonable technical and on-site support and maintenance services (“On-Site Services”) in-person or by email at hello@flocksafety.com. Flock will use commercially reasonable efforts to respond to requests for support. 2.10 Special Terms. From time to time, Flock may offer certain “Special Terms” related to guarantees, service and support which are indicated in the proposal and on the order form and will become part of this Agreement. To the extent that any terms of this agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control. 2.11 Changes to Platform. Flock Safety may, in its sole discretion, make any changes to any system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock Safety’s products or services to its customers, (b) the competitive strength of, or market for, Flock Safety’s products or services, (c) such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law. 3. AGENCY RESTRICTIONS AND RESPONSIBILITIES 3.1 Agency Obligations. Upon creation of a User ID, Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its User ID a name that Agency does not have the right to use, or another person’s name with the intent to impersonate that person. Agency may not transfer its account to anyone else without prior written permission of Flo ck. Agency will not share its account or password with anyone, and must protect the security of its account and password. Agency is responsible for any activity associated with its account. Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency personnel, to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services. 3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content and retention thereof. To the extent allowed by the governing law of the state mentioned in Section 10.6, or if no state is mentioned in Section 10.6, by the law of the State of Georgia, Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses, including without limitation costs and attorneys’ fees, i n connection with any claim or action that arises from an alleged violation of the foregoing, Agency’s Installation Obligations, or otherwise from Agency’s use of the Services, Hardware and any Embedded Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Agency’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 4. CONFIDENTIALITY; AGENCY DATA; NON-AGENCY DATA 4.1 Confidentiality. Each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosi ng Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Flock is non-public information including but not limited to features, functionality, designs, user interfaces, trade secrets, intellectual property, business plans, marketing plans, works of authorship, hardware, customer lists and requirements, and performance of the Flock Services. Proprietary Information of Agency includes non -public Agency Data, Non-Agency End User Data, and data provided by Agency or a Non-Agency End User to Flock or collected by Flock via the Unit, including the Footage, to enable the provision of the Services. The Receiving Party shall not disclose, use, transmit, inform or make available to any entity, perso n or body any of the Proprietary Information, except as a necessary part of performing its obligations hereunder, and shall take all such actions as are reasonably necessary and appropriate to preserve and protect the Proprietary Information and the parties’ respective rights therein, at all times exercising at least a reasonable level of care. Each party agrees to restrict access to the Proprietary Information of the other party to those employees or agents who require access in order to perform hereunder. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the party takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. Flock’s use of the Proprietary Information may include processing the Proprietary Information to send Agency Notifications or alerts, such as when a car exits Agency’s neighborhood, or to analyze the data collected to identify motion or other events. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by Receiving Party prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to Receiving Party without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any subpoena, summons, judicial order or other judicial or governmental process, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to obtain a protective order or otherwise oppose the disclosure. For clarity, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the righ ts, property or safety of Flock, its users, a third party, or the public as required or permitted by law, including respond to an emergency situation. Having received notice prior to data being deleted, Flock may store Footage in order to comply with a val id court order but such retained Footage will not be retrievable without a valid court order. 4.2 Agency and Non-Agency End User Data. As between Flock and Agency, all right, title and interest in the Agency Data and Non-Agency End User Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide license to use the Agency Data and Non-Agency End User Data and perform all acts with respect to the Agency Data and Non-Agency End User Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.9 above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify and distribute the Agency Data and Non-Agency End User Data as a part of the Aggregated Data (as defined in Section 4.4 below). As between Flock and Agency, Agency is solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Agency Data and Non-Agency End User Data. As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency, each of Agency and Non-Agency End Users will share all right, title and interest in the Non -Agency End User Data. This Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information of Agency. Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion. 4.3 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing. 4.4 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to collect and analyze data that does not refer to or identify Agency or any individuals or de-identifies such data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Agency Data and data derived therefrom). For the sake of clarity, Aggregated Data is compiled anonymous data which has been stripped of any personal identifying information. Agency acknowledges that Flock will be compiling anonymized and/or aggregated data based on Agency Data and Non-Agency End User Data input into the Services (the “Aggregated Data”). Agency hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right and license (during and after the Service Term hereof) to (i) use and distribute such Aggregated Data to improve and enhance the Services and for other marketing, development, diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts, and (ii) disclose the Agency Data and Non-Agency End User Data (both inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. No rights or licenses are granted except as expressly set forth herein. 5. PAYMENT OF FEES 5.1 Fees. Agency will pay Flock the first Usage Fee, the Implementation Fee and any fee for Hardware (as described on the Order Form, together the “Initial Fees”) as set forth on the Order Form on or before the 7th day following the Effective Date of this Agreement. Flock is not obligated to commence the Installation Services unless and until the Initial Fees have been made and shall have no liability resulting from any delay related thereto. Agency shall pay the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and payable thirty (30) days in advance of each payment period. All payments will be made by either ACH, check, or credit card. The first month of Flock Services corresponding to the first Usage Fee payment will begin upon the first installation of Hardware. For Agencies who purchase ten (10) or more Units, in the event that only a portion o f the Units are installed at the first installation with additional Units to be installed at a later date, Usage Fees shall be calculated on a pro rata basis corresponding to the then-installed Units. Agencies will be invoiced for the additional Units imme diately upon installation of the remaining Units. 5.2 Changes to Fees. Flock reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Term or any Renewal Term, upon sixty (60) days’ notice prior to the end of such Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email). If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Flock’s customer support department. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a result of such billing error. 5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Flock thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection, and may result in immediate termination of Service. To the extent allowable by law or Agency regulations pertaining to tax-exempt entities, Agency shall be responsible for all taxes associated with Services other than U.S. taxes based on Flock’s net income. 5.4 No-Fee Term Access. Subject to Flock’s record retention policy, Flock offers complimentary access to the Flock System for thirty (30) days (“No Fee Term”) to Agency when Non-Agency End Users intentionally prescribe access or judicial orders mandate access to Non-Agency End User Data. Agency agrees to pay the Initial Fees and Usage Fees according to Section 5.1 and will receive Flock’s complimentary access to the Flock Service and Footage for no additional cost. Should such access cause Flock to incur internal or out-of-pocket costs that are solely the result of the access, Flock reserves the right to invoice these costs to Agency under Section 5.3 and Agency agrees to pay them. The complimentary No-Fee Term access to Flock Services shall survive the expiration or termination of this Agreement for five (5) years unless Agency provides written notice of the intent to cancel access to Flock Services. 6. TERM AND TERMINATION 6.1 Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Initial Term”). Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms for the greater of one year and the length set forth on the Order Form (each, a “Renewal Term”, and together with the Initial Term, the “Service Term”) unless either party gives the other party notice of non-renewal at least thirty (30) days prior to the end of the then-current term. 6.2 Agency Satisfaction Guarantee. At any time during the agreed upon term, an Agency not fully satisfied with the service or solution may self-elect to terminate their contract. Self-elected termination will result in a one-time fee of actual cost of removal and labor, said cost not to exceed $500 per camera. Upon self -elected termination, a refund will be provided, prorated for any fees paid for the remaining Term length set forth previously. Self-termination of the contract by the Agency will be effective immediately. Flock will remove all equipment at Flock’s own convenience, within a commercially reasonable period upon termination. Advance notice will be provided. 6.3 Termination. In the event of any material breach of this Agreement, the non-breaching party may terminate this Agreement prior to the end of the Service Term by giving thirty (30) days prior written notice to the breaching party; provided, however, that this Agreement will not terminate if the breaching party has cured the breach prior to the expiration of such thirty-day period. Either party may terminate this Agreement, without notice, (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other party's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to do business. Upon termination for Flock’s material breach, Flock will refund to Agency a pro -rata portion of the pre- paid Fees for Services not received due to such termination. 6.4 Effect of Termination. Upon any termination of the Service Term, Flock will collect all Units, delete all Agency Data, terminate Agency’s right to access or use any Services, and all licenses granted by Flock hereunder will immediately cease. Agency shall ensure that Flock is granted access to collect all Units and shall ensure that Flock personnel does not encounter Hazardous Conditions in the collection of such units. Upon termination of this Agreement, Agency will immediately cease all use of Flock Services. 6.5 No-Fee Term. The initial No-Fee Term will extend, after entering into this Agreement, for thirty (30) days from the date a Non-Agency End User grants access to their Footage and/or Notifications. In expectation of repeated non - continuous No-Fee Terms, Flock may in its sole discretion leave access open for Agency’s Authorized End Users despite there not being any current Non-Agency End User authorizations. Such access and successive No-Fee Terms are deemed to be part of the No-Fee Term. Flock, in its sole discretion, can determine not to provide additional No-Fee Terms or can impose a price per No-Fee Term upon thirty (30) days’ notice. Agency may terminate any No-Fee Term or access to future No-Fee Terms upon 30 days’ notice. 6.6 Survival. The following Sections will survive termination: 2.4, 2.5, 3, 4, 5 (with respect to any accrued rights to payment), 5.4, 6.5, 7.4, 8.1, 8.2, 8.3, 8.4, 9.1 and 10.5. 7. REMEDY; WARRANTY AND DISCLAIMER 7.1 Remedy. Upon a malfunction or failure of Hardware or Embedded Software (a “Defect”), Agency must first make commercially reasonable efforts to address the problem by contacting Flock’s technical support as described in Section 2.9 above. If such efforts do not correct the Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Unit provided that such inspection and test shall occur within seventy-two (72) hours after Agency notifies the Flock of a Defect. In the event of a Defect, Flock will repair or replace the defective Unit at no additional cost. In the event that a Unit is lost, stolen, or damaged, Flock agrees to replace the Unit at a fee according to the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule). Agency shall not be required to replace subsequently lost, damaged or stolen Units, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen units and that Flock will have no liability to Agency regardin g such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted. 7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 above if any of the following exclusions apply: (a) misuse of the Hardware or Embedded Software in any manner, including operation of the Hardware or Embedded Software in any way that does not strictly comply with any applicable specifications, documentation, or other restrictions on use provided by Flock; (b) damage, alteration, or modification of the Hardware or Embedded Software in any way; or (c) combination of the Hardware or Embedded Software with software, hardware or other technology that was not expressly authorized by Flock. 7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Upon completion of any installation or repair, Flock shall clean and leave the area in good condition. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. 7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE HARDWARE AND/OR EMBEDDED SOFTWARE. THE FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND INSTALLATION SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT .THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY THE LAW OF THE STATE OF GEORGIA. 7.5 Insurance. Flock and Agency will each maintain commercial general liability policies with policy limits reasonably commensurate with the magnitude of their business risk. Certificates of Insurance will be provided upon request. 7.6 Force Majeure. Flock Safety is not responsible nor liable for any delays or failures in performance from any cause beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of Agency or any Authorized End User. 8. LIMITATION OF LIABILITY AND INDEMNITY 8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME PREVENTION; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN EMERGENCY, AGENCY SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE SERVICES.THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY THE LAW OF THE STATE OF GEORGIA. 8.2 Additional No-Fee Term Requirements. IN NO EVENT SHALL FLOCK’S AGGREGATE LIABILITY, IF ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO-FEE TERM AS DESCRIBED IN SECTION 6.5 EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Except for Flock’s willful acts, Agency agrees to pay for Flock’s attorneys’ fees to defend Flock for any alleged or actual claims arising out of or in any way related to the No-Fee Term. 8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees that occur within the scope of their official duties. Agency will not pursue any claims or actions against Flock’s suppliers. 8.4 Indemnity. Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of Section 3.2, a breach of this Agreement, Agency’s Installation Obligations, Agency’s sharing of any data in connection with the Flock system, Flock employees or agent or Non- Agency End Users, or otherwise from Agency’s use of the Services, Hardware and any Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Agency’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of Section 3.2 or this Agreement. 9. RECORD RETENTION 9.1 Data Preservation. The Agency agrees to store Agency Data and Non-Agency End User Data in compliance with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules. As part of Agency’s consideration for paid access and no-fee access to the Flock System, to the extent that Flock is required by local, state or federal law to store the Agency Data or the Non-Agency End User Data, Agency agrees to preserve and securely store this data on Flock’s behalf so that Flock can delete the data from its servers and, should Flock be legally compelled by judicial or government order, Flock may retrieve the data from Agency upon demand. 10. MISCELLANEOUS 10.1 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. 10.2 Assignment. This Agreement is not assignable, transferable or sublicensable by Agency except with Flock’s prior written consent. Flock may transfer and assign any of its rights and obligations, in whole or in part, under this Agreement without consent. 10.3 Entire Agreement. This Agreement, together with the Order Form(s), the then-current Reinstall Policy (https:// www.flocksafety.com/reinstall-fee-schedule), and Deployment Plan(s), are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. None of Agency’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. 10.4 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever. 10.5 Costs and Attorneys’ Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. 10.6 Governing Law; Venue. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. To the extent that the arbitration language below does not apply, the federal and state courts sitting in the State of California will have proper and exclusive jurisdiction and venue with respect to any disputes arising from or related to the subject matter of this Agreement. The parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement. Any dispute arising out of, in connection with, or in relation to this agreement or the making of validity thereof or its interpretation or any breach thereof shall be determined and settled by arbitration in California by a sole arbitrator pursuant to the rules and regulations then obtaining of the American Arbitration Association and any award rendered therein shall be final and conclusive upon the parties, and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction. The service of any notice, process, motion or other document in connection with an arbitration award under this agreement or for the enforcement of an arbitration award hereunder may be effectuated by either personal service or by certified or registered mail to the respective addresses provided herein. 10.7 Publicity. Unless otherwise indicated on the Order Form, Flock has the right to reference and use Agency’s name and trademarks and disclose the nature of the Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock’s website. 10.8 Export. Agency may not remove or export from the United States or allow the export or re -export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Services, the Hardware, the Embedded Software and Documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 10.9 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated Sections. 10.10 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 10.11 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the organizations and individuals they are representing. 10.12 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e -mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Your partner in eliminating crime flocksafety.com 866.831.5326 PL ATEJL 2786 MAKECHEVROLET COLO R WHITE LAST VISIT3:15 PM SEEN3 OF LAST 30 DAYS RESIDENT? NO Protecting your jurisdiction is of the utmost importance. Thank you for considering Flock Safety as part of your comprehensive strategy to protect your city, citizens, and officers. We are more than just a camera company - we are a public safety operating system that empowers private communities and law enforcement to work together to eliminate crime. We build devices that detect and capture objective evidence, machine learning that uncovers investigative leads, and real-time alerts that prepare officers to be effective in the field. We look forward to hearing from you and hope you will join the “flock”! Thank you, What makes Flock Safety’s technology different PUBLIC & PRIVATE PARTNERSHIPS Thousands of communities use privately funded Flock Safety cameras throughout the country, which provides a huge benefit to local law enforcement as they can have access to those cameras without having to pay for them. INFRASTRUCTURE FREE Use cameras that are solar powered and include LTE internet connectivity (unlimited use included in cost), so they can be rapidly deployed virtually anywhere. VEHICLE FINGERPRINT™ TECHNOLOGY Capture far more than just license plates. Allow your investigators to search footage by vehicle type, make, and color; identify the state of a license plate; capture temporary plates, paper plates, and vehicles without plates. Our cameras also capture two (2) lanes of traffic traveling up to 100 MPH with a single camera. SIMPLE & AFFORDABLE Our cameras cost $2,500 per camera per year which includes hardware, software, solar power, LTE connectivity, unlimited users, and unlimited data storage. 700+ 1000+ US citiesPolice 600+ departments 120 Stolen vehicle reads/hr Flock Safety’s technology includes fixed license plate reading cameras and software for unlimited users to access footage and receive hotlist notifications. Police departments need a scalable solution to increase clearance rates and deter crime. The Flock Safety camera sees like a detective to make actionable evidence available when needed that is easily searchable by vehicle type, make, model, color, timeframe, or plate details. We deliver this detail through Machine Learning technology that scans each image for distinguishing features, instead of traditional metal plates. This means we can also detect vehicles with no plates, temporary plates, dirty/covered plates, and even get accurate state detection. Flock Safety’s mission is to eliminate crime. This is possible with city-wide coverage of automatic license plate readers (ALPRs) for both public safety organizations and private citizens. When a crime occurs, Flock Safety devices deliver the actionable evidence you need to make an arrest. Our company is headquartered in Atlanta, Georgia. Flock Our solution captures 30% more plates than our leading competitor, according to a side-by- side study done by LASD in 2019, largely due to using AI and Machine Learning to analyze the entire vehicle profile, instead of legacy Infrared based technology. In April 2019, Marietta Police Department released a study that shows they experienced a 34% reduction in calls for service by targeting crime hot spots throughout the city with Flock Safety cameras. In October 2019, Cobb County Police Department released a study based on their installation of 13 Flock Safety cameras in March. Over the six month period, Cobb police reported a 60% reduction in overall crime by focusing on the beat with the highest Proposal Summary Company Overview 30% 34% 60% Within one week, Flock Safety cameras notified officers of two vehicles on the NCIC Hot List. During the seizure of one of the vehicles, a wanted murderer in the state of Louisiana was arrested. Both vehicles were returned to their owners. •Location: Houston suburb •Flock Cameras: 50+ •Residents: 8,000 •Installation: Two months from purchase A camera on every street to create a virtual gate 34% reduction in calls for service in targeted hotspots JERSEY VILLAGE, TEXAS MARIETTA, GEORGIA Safety camera systems live in over 1000 cities in 38 states and over 600 police departments. With an average of 120 Hot List notifications sent an hour with jurisdictions throughout the U.S., our team is helping agencies solve and prevent crime every minute. Customer Results Flock Safety unites law enforcement and the communities they serve in the pursuit of a safer, more equitable society, with the use of force-multiplying technology. Our devices, which are owned by both public and private customers, see like a detective. They capture objective evidence, decode investigative leads using machine learning technology, and deliver real-time, actionable alerts to officers so they can clear cases more efficiently. Over 1000 U.S. cities enlist the help of Flock Safety’s public safety operating system to reduce crime by up to 70%. These are some of their stories. Cameras within the city led to the arrest of a suspect who allegedly brutally attacked a woman. Officers were able to locate and arrest the suspect using Flock cameras after weeks of the suspect being on-the-run. •Location: Atlanta suburb, in Cobb County, Georgia •Flock Cameras: 70 and growing within the county (30 police and 40 private cameras) •Residents: 65,000 in Marietta •Installation: Two months from purchase for first hotspot created ACCURATE READS Flock Safety 30% MORE Legacy ALPR Cobb County Police Department utilized 35 Flock cameras in 2 containment zones in their highest crime beats to reduce crime by over 60%. •Location: Cobb County, GA is just outside of Atlanta •Flock Cameras: 35 for PD, over 100 including private sector cameras •Residents: 750,000 in Cobb County •Installation: Phased approach •Contact: Deputy Chief Stuart Vanhoozer at stuart.vanhoozer@ Containment strategy in highest crime beat of the county Sheriff’s Department performs detection accuracy test COBB COUNTY, GEORGIA LOS ANGELES, CALIFORNIA Los Angeles Sheriff’s Department performed a head-to-head test of the Flock Safety camera versus a legacy ALPR solution. •The results showed that the Flock Safety camera captures 30% more vehicle images and provides more accurate reads than traditional cameras triggered by infrared technology. •Conducted in limited lighting from 2:00 AM to 8:00 AM, and from 11:00 PM to 6:00 AM. •Causes for missed vehicles and/or misread plates were associated with the amount of reflectivity of the plate (older/ dirtier tags, and dealer provided paper plates). 0 .30 .60 .90 1.20 1.50 Flock Safety Automatic License Plate Reading (ALPR) cameras do not just identify the plate seen, but all the objects within the frame. Even if the vehicle does not have a tag, the image can be captured for review. The user interface is a simple search with unlimited user licenses. Within the software component, law enforcement can receive hotlist alerts and create custom alerts for plates under your investigation. Included at no additional cost with unlimited user licenses. Receive alerts to help detect crime and search footage to access evidence — with any internet-connected device (based on user credentials that are easily managed/approved by admin). •Connected to the NCIC Hot List & CJIS compliant •State detection to ensure quality alerts •Hotlist alerts (includes privately owned cameras in your jurisdiction) •Create custom alerts for tags under investigation with your organization •Filter notifications by reason codes (exclude sex offenders, include stolen plates, etc.) •Email and SMS alerts to users •Audible and visual alerts Product SOFTWARE USER INTERFACE Detect Crime •Filter search by specific camera location •Capture vehicles regardless of plate type (paper, no plate, etc.) •Search results with vehicle summary in multiple formats •Filter by Vehicle Fingerprint™ •Date and time •Vehicle Characteristics •Plate (partial/full) •Plate Type (in state, out of state, temporary tag) •Build & Color •Resident status •Location/Date/Time •“I have the plate where is the car?” •Designed to search all cameras, all time •Get a full view of all activity tied to one vehicle in your network Access Evidence •Discover crime and traffic patterns •Prioritize changes by greatest impact •Change your community for the better Insights Give city council an ROI report Lookup Search plates across your jurisdiction •New privacy setting (National + State search) •1B + monthly reads •Attached to “Lookup” experience Shared Footage Search Network for Law Enforcement A new way to solve cross-jurisdiction crimes Peformance DAY TIME FOOTAGE TEMPORARY PLATE COVERED PLATE NIGHT TIME FOOTAGE NO PLATE TWO LANES OF TRAFFIC Traffic NCIC and Custom Alert Notifications •Average of 10-15 seconds Includes time, location, plate, and vehicle image Includes state specific alerts based on image Power Source 100-240 VAC <1 amp 60 W Solar 11-14 Volt Processing Power 1.4GHz 64-bit quad-core CPU Image Capture 20-90 ft from vehicles Up to 2 lanes of traffic per camera Date and time with camera location Plate (state, partial, paper, and none) Vehicle details (Make, type, and color) Design Dimensions: 8.75” x 3” Weight: 3 lbs IP65 Waterproof Power 14Ah Battery 30W Solar Panel (14” x 21”) AC Power (5 ft. range) Data 16GB local storage, ~2 weeks Image 5MP Image Sensor Motion Passive Infrared Motion Detection Connectivity Embedded Cellular LTE Connection Cellular service provider depends on area Production Designed & manufactured in the U.S. Night Vision 850nm Custom IR Array Cloud Storage 30 days storage (Amazon Web Services) Accessible via secure website Images can be downloaded and stored by department CAMERA PERFORMANCECAMERA SPECIFICATIONS Training, Ongoing Support & Timeline New customers will first get connected with their dedicated Onboarding Specialist who will spearhead the installation project to completion. Once cameras are successfully capturing footage, customers get introduced to their dedicated Market Manager. This person serves as the main point of reference for all things Flock Safety (training, setup questions, etc). In addition, the Flock Safety Support team monitors the support@flocksafety.com inbox Monday through Friday, 8:00 AM to 5:00 PM EST. •Regular software updates at no additional cost •Camera maintenance is included in the subscription •Unlimited users for hotlist integration and alerts, and camera The average installation is to 6-8 weeks. Camera locations and installation timing is coordinated by the Flock Safety Customer Support team. SAFETY-AS-A-SERVICE INSTALLATION & CAMERA LOCATIONS City intersection Solar & existing pole Entrance to Hotel Solar & Flock 14 foot pole City Foot Traffic Street Electric & existing pole Learn how your agency can take advantage of the Wing integration. Transform your cameras into cameras that see like a detective. wing The Wing integration TM Detectives are key to solving crime They see things differently, pick up on clues, and identify leads. They might notice that a suspect vehicle had a roof rack, tinted windows, a trailer hitch, bumper stickers, step boards, aftermarket wheels, etc. Those details can unlock an investigation and solve crime. Cities already have 100s or 1000s of cameras For years, cameras have promised a safer future. But who has the resources to scroll through hours and hours of footage? Even if you do have time, how can you be sure that you’ll catch all the unique features of a suspect vehicle? When every second matters, you need to find the single frame that gives an investigator a lead. The Flock Safety Wing integration is for law enforcement agencies who want to transform existing cameras into cameras that see like a detective. Unlike buying new hardware, you can upgrade your existing cameras with the power of Flock Safety’s Vehicle FingerprintTM technology. flocksafety.com/police Day Footage Night Footage Vehicle - License Plate: CA 7VYB613 - Build: Car - Make: Nissan - Seen 5 of the last 30 days Vehicle summary > Show more like this > Filter hours of footage to find actionable evidence Leverage Flock Safety’s patented Vehicle Fingerprint technology on your 3rd party camera and use machine vision to find your suspect vehicle. Think: Vehicle make, type, color License plate (full, partial, missing) Temporary tags and state of plate Nissan car Lic: 7V YB613 Black Chevy truck Solve more crime by putting Flock Safety software on your IP cameras. Let’s get started today. Transform your cameras into cameras that see like a detective. flocksafety.com/police Is the Wing integration right for my cameras? The Wing integration is compatible with all Axis ® cameras and a variety of other IP cameras. If your cameras meet the requirements listed here, the Wing integration is right for you. Axis ® Camera Requirements √ Camera can talk outbound to the cloud (over 80/443)√ Camera contains an SD card (>1GB)√ Camera produces clear footage Other IP Camera Requirements √ Real-Time Streaming Protocol (RTSP) is secure and publicly available√ Camera has stable bandwidth, either wired wireless, excluding 4G Still not sure? Speak with a Wing integration specialist to learn more. Call Us 866-522-8863 Email Us police@flocksafety.com Learn More flocksafety.com/police Pricing $79/camera per month + base implementation fee* *<15 licenses = $1500 +$75 implementation fee per each additional license Today's Date - Sep 02, 2021 This proposal expires in 90 days. Total $86,000.00 Subscription Details Price QTY Subtotal Annual Subscription Price per year $2,500.00 30 $75,000.00 Automatic License Plate Reader (ALPR) Solar or DC Power Maintenance Warranty $0.00 30 $0.00 Hosting & Analytics Cloud Hosting Unlimited User Licenses Hotlist Integration & Alerts Neighborhood Camera Integration Ongoing Software Enhancements $0.00 30 $0.00 Implementation Camera Setup Shipping & Handling $250.00 30 $7,500.00 Other Cellular Mounting Equipment $0.00 30 $0.00 Advanced Search Package Visual Search, Convoy Analysis, Geo- Spacial search.   25-49 cameras- Annual Subscription cost $3,500.00 1 $3,500.00   Special terms: Flock will offer a 1 year term to pilot the effectivness of the solution SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 8/24/2021 TCIS -The Complete Insurance Source P.O.Box 1299 Fayetteville GA 30214-6299 Tiffany Miller 770-371-8257 770-371-1999 tiffany@complete-insurance.com Atlantic Specialty Insurance 27154 FLOCGRO-01 Flock Group Inc Dba Flock Safety 1170 Howell Mill Rd NW Atlanta GA 30318 1994127125 A X 2,000,000 X 100,000 5,000 2,000,000 2,000,000 X 711-01-72-03-0001 8/23/2021 8/23/2022 2,000,000 A 1,000,000 X X X 711-01-72-03-0001 8/23/2021 8/23/2022 A X 5,000,000 X 711-01-72-03-0001 8/23/2021 8/23/2022 5,000,000 A X Y 406-04-69-96-0001 8/23/2021 8/23/2022 1,000,000 1,000,000 1,000,000 A A E&O Cyber 760-01-07-88-0001 760-01-07-88-0001 8/23/2021 8/23/2021 8/23/2022 8/23/2022 Aggregate Aggregate 5,000,000 3,000,000 Proof of Insurance &/’ !! 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PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s): Location And Description of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "prop- erty damage" caused, in whole or in part, by "your work" at the location designated and de- scribed in the Schedule of this endorsement per- formed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional in- sured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Location Building 1 1 BLANKET AS REQUIRED BY WRITTEN CONTRACT 711-01-72-03-0000 E-INSURED 711-01-72-03-0001 Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 37 04 13 B.With respect to the insurance afforded to these additional insureds, the following is added to Section III Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of In- surance shown in the Declarations; whichever is less. 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’, "&) ++#2LCJRDEP CMNTOIGHQED KAQEOIAJ MF QHE 6AQIMLAJ -MRLCIJ ML -MKNELPAQIML 2LPROALCE# 2LC$ RPED SIQH IQP NEOKIPPIML# CMNTOIGHQ &*** + (%++%(*)/ (0’)/’*(*( 4@> 4BI BD )&((( 406-04-69-96-0001 STAFF REPORT ITEM NO. _________4________ TO: Honorable Mayor and Members of the City Council FROM: Robert A. López, Chief of Police DATE: December 15, 2021 SUBJECT: Purchase of the Taser 7 Device from Axon Enterprises, Inc. SUMMARY City Council previously approved an allocation in the amount of $128,000 from the American Rescue Plan Act (ARPA) funds to purchase and replace obsolete Conducted Energy Devices ("TASERS") within the police department. However, after conducting a complete budgetary analysis to include Taser cartridges, holsters, batteries, and inert training cartridges, staff has determine that additional funding is needed in the amount of $57,000. This report seeks authorization from the City Council to increase funding for the TASER 7 devices, not to exceed $185,000 to complete this much needed purchase from Axon Enterprise, Inc. RECOMMENDATION Staff recommends that City Council: 1. Approve an increased allocation of funding from the ARPA funds of $57,000 to purchase the TASER 7 devices and equipment for the Police Department based on the sole source purchasing process per BPMC §34.23(B): Bidding exceptions; and 2. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchase; and 3. Authorize the Director of Finance to make the necessary budget appropriation and adjustments for the purchase of the TASER 7 devices of an amount not to exceed $185,000. FISCAL IMPACT There is no fiscal impact to the General Fund. Approved funds will come from the American Rescue Plan Act (ARPA) revenue loss category. Approved funds for the current fiscal year are in the amount of $128,000 (CIP 22-011). An additional appropriation in the amount of $57,000 is requested for a total project amount not to exceed $185,000. BACKGROUND A certain amount from the American Rescue Plan Act (ARPA) was previously approved and allocated to various departments to help with purchasing new equipment to replace obsolete items. This included the purchase of new TASER 7 Conducted Energy Devices for the Police Department. A preliminary estimate of $128,000 was determined to be sufficient and previously approved by Council. The Police Department subsequently did a budgetary analysis and determined that additional TASERS and support equipment would be needed to outfit our patrol personnel. Our Police Department is always looking for new ways to engage with our community and having their support is important in the fight against crime. Axon's TASER 7 – the most effective "C.E.D." ever – gives officers the ability to de-escalate dangerous situations and further demonstrates our commitment to keeping communities safe with reality-based training that improves outcomes. TASER 7 is an improved model that carries two cartridges that have been optimized for close range usage, has a rapid arc rate making it more effective, and has a daylight green laser to help improve aim. To help in reassuring citizens about the use of TASER 7, the device comes with the Axon Signal technology. When the Taser device is armed, Signal alerts nearby Axon cameras – including body- worn and in-vehicle cameras (which BPPD uses)– to begin recording to help capture the full narrative of the incident. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to form and content. ALTERNATIVES 1. The City Council may provide Staff with other direction. ATTACHMENTS 1. Axon Enterprise, Inc., Sole Source Letter 2. Price quote and standard terms and conditions from Axon Enterprise Inc. 3. Proposal Summary of Product 4. W9 for Axon Enterprise Inc. Sole Source Letter for Axon Enterprise, Inc.’s Product Packages Version 19.0 8/30/2021 To: United States state, local and municipal law enforcement agencies Re: Sole Source Letter for Axon Enterprise, Inc.’s Product Packages A sole source justification exists because the following goods and services required to satisfy the agency’s needs are only available for purchase from Axon Enterprise. Axon is also the sole distributor of all Axon product packages in the United States of America. Axon Product Packages 1. Officer Safety Plan: Includes an X2 or X26P energy weapon, Axon camera and Dock upgrade, and Evidence.com license and storage. See your Sales Representative for further details and Model numbers. 2. Officer Safety Plan 7: Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Dock, Axon Camera and Dock upgrade, Axon Evidence (Evidence.com) licenses and storage, Axon Aware, and Axon Records Core. 3. Officer Safety Plan 7 Plus: Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Evidence (Evidence.com) licenses and storage, Axon Records Core, Axon Aware +, Axon Auto-Tagging Services, Axon Performance, Axon Citizen for Communities, Axon Redaction Assistant, and Axon Signal Sidearm. 4. TASER 7 Basic: Pays for TASER 7 program in installments over 5 years including access to Axon Evidence services for energy weapon program management. 5. TASER Assurance Plan (TAP): Hardware extended warranty coverage, Spare Products, and Upgrade Models available for the X2 and X26P energy weapons, and the TASER CAM HD recorder. (The TAP is available only through Axon Enterprise, Inc.) 6. TASER 7 Certification: Pays for TASER 7 program in installments over 5 years including access to Evidence.com for energy weapon program management, annual training cartridges, unlimited duty cartridges and online training content. 7. TASER Certification Add-On: Allows the agency to pay an annual fee to receive an annual allotment of training cartridges, unlimited duty cartridges and online training content. 8. TASER 7 Certification with Virtual Reality (VR): Pays for the TASER 7 program in installments over 5 years including access to Evidence.com for energy weapon program management, annual training cartridges, unlimited duty cartridges, online training content, and VR training. 9. TASER 60: Pays for X2 and X26P energy weapons and Spare Products in installments over 5 years. 10. Unlimited Cartridge Plan: Allows the agency to pay an annual fee to receive annual training cartridges, unlimited duty cartridges and unlimited batteries for the X2 and X26P. 11. TASER 60 Unlimited: Pays for X2 and X26P energy weapons and Spare Products in installments over 5 years and receive unlimited cartridges and batteries. 12. TASER 7 Close Quarters Dock Plan: Pays for TASER 7 Close Quarters Plan over a 5-year period in installments including access to Evidence.com for energy weapon program management, rechargeable batteries, annual cartridge shipments, unlimited duty cartridges, and access to online training. 13. Axon Core: Pays for the TASER 7 CQ, TASER Dock, weapon Axon Evidence license, training and duty cartridges, Axon Body 3 camera, Professional Axon Evidence license, unlimited storage, camera hardware upgrade every 2.5 years, Axon Respond, Axon Signal Sidearm, Axon Fleet Signal, and auto tagging. 14. Axon Core+: Pays for the TASER 7 energy weapon, TASER Dock, weapon Axon Evidence license, training and duty cartridges, Axon Body 3 camera, Professional Axon Evidence license, unlimited storage, camera hardware upgrade every 2.5 years, Axon Respond, Axon Signal Sidearm, Axon Fleet Signal, and auto tagging. Sole Source Letter for Axon Enterprise, Inc.’s Product Packages Version 19.0 15. Corrections Officer Safety Plan: Includes a TASER 7 energy weapon, Axon Body 3 Camera, Axon Dock, Axon Camera and Dock Upgrade, Axon Evidence Licenses and unlimited Axon storage. 16. Corrections Post OSP: Includes one TASER 7 energy weapon for every two licenses, one Axon Body 3 Camera for every two licenses, Axon Dock, Axon Camera and Dock Upgrade, Axon Evidence Licenses and unlimited Axon storage for each license. SOLE AUTHORIZED DISTRIBUTOR FOR TASER BRAND CEW PRODUCTS SOLE AUTHORIZED REPAIR FACILITY FOR TASER BRAND CEW PRODUCTS Axon Enterprise, Inc. 17800 N. 85th Street, Scottsdale, AZ 85255 Phone: 800-978-2737 Fax: 480-991-0791 Axon Enterprise, Inc. 17800 N. 85th Street, Scottsdale, AZ 85255 Phone: 800-978-2737 Fax: 480-991-0791 Please contact your local Axon sales representative or call us at 1-800-978-2737 with any questions. Sincerely, Josh Isner Chief Revenue Officer Axon Enterprise, Inc. The “Axon + Delta Logo,” Axon, Axon Aware, Axon Citizen, Axon Evidence, X2, X26P, TASER, and TASER 7, are trademarks of Axon Enterprise, Inc., some of which are trademarks in the US and other countries. For more information visit www.axon.com/legal. All rights reserved. © 2021 Axon Enterprise, Inc. 1 Q-346520-44497.859RH Q-346520-44497.859RH Issued: 10/28/2021 Quote Expiration: 11/15/2021 EST Contract Start Date: 12/15/2021 Account Number: 110874 Payment Terms: N30 Delivery Method: Fedex - Ground SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT 14403 Pacific Ave Baldwin Park Police Department - CA Rachel Hall 14403 Pacific Ave 14403 Pacific Ave Phone: Phone: 626-960-1955 Baldwin Park, CA 91706-4226 Baldwin Park, CA 91706-4226 Email: rhall@axon.com Email: jhendricks@baldwinpark.com USA USA Fax: Fax: (626) 338-5545 Email: Program Length 60 Months Bundle Savings $14,638.18 TOTAL COST $170,141.00 Additional Savings $6,000.00 ESTIMATED TOTAL W/ TAX $184,532.22 TOTAL SAVINGS $20,638.18 PAYMENT PLAN PLAN NAME INVOICE DATE AMOUNT DUE Year 1 Dec, 2021 $108,890.24 Year 2 Dec, 2022 $15,312.69 Year 3 Dec, 2023 $15,312.69 Year 4 Dec, 2024 $15,312.69 Year 5 Dec, 2025 $15,312.69 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 2 Q-346520-44497.859RH Quote Details Bundle Summary Item Description QTY T7Basic 2021 Taser 7 Basic Bundle 64 DynamicBundle Dynamic Bundle 1 Bundle: 2021 Taser 7 Basic Bundle Quantity: 64 Start: 12/15/2021 End: 12/14/2026 Total: 147600 USD Category Item Description QTY List Price Discount Tax Net Price Total(USD) Holsters 20161 TASER 7 HOLSTER - SAFARILAND, LH+CART CARRIER 20 $80.00 8.70%$138.76 $73.04 $1,460.79 Holsters 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 44 $80.00 8.70%$305.31 $73.04 $3,213.73 Handle & Warranty Bundle 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 64 $1,720.00 14.15%$8,977.7 1 $1,476.60 $94,502.09 Handle License 20248 TASER 7 EVIDENCE.COM LICENSE 64 $5.00 8.70%$0.00 $4.56 $17,529.43 Dock & Warranty Bundle 74200 TASER 7 6-BAY DOCK AND CORE 1 $1,500.00 8.70%$130.11 $1,369.49 $1,369.49 Battery & Warranty Bundle 20018 TASER 7 BATTERY PACK, TACTICAL 76 $86.00 8.70%$566.91 $78.52 $5,967.31 Spare Handle & Warranty Bundle 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 2 $1,720.00 8.70%$298.35 $1,570.35 $3,140.69 Dock Mount 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 1 $43.90 8.70%$3.80 $40.08 $40.08 Dock Power Cord 71019 NORTH AMER POWER CORD FOR AB3 8- BAY, AB2 1-BAY / 6-BAY DOCK 1 $10.45 8.70%$0.91 $9.54 $9.54 Taser 7 Target 80087 TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED)1 $150.00 8.70%$12.99 $136.95 $136.95 Taser 7 Target Frame 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 1 $75.00 8.70%$6.50 $68.47 $68.47 Other 80395 EXT WARRANTY, TASER 7 HANDLE 64 $6.25 8.70%$1,699.9 8 $5.71 $17,894.63 Other 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 1 $6.25 8.70%$26.57 $5.71 $279.60 Other 80374 EXT WARRANTY, TASER 7 BATTERY PACK 76 $0.42 8.70%$135.66 $0.38 $1,427.99 Other 80395 EXT WARRANTY, TASER 7 HANDLE 2 $6.25 8.70%$53.14 $5.71 $559.21 3 Q-346520-44497.859RH Bundle: Dynamic Bundle Quantity: 1 Start: 12/15/2021 End: 12/14/2026 Total: 22541 USD Category Item Description QTY List Price Discount Tax Net Price Total(USD) Other 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 256 $38.00 0.00%$924.16 $38.00 $9,728.00 Other 22181 TASER 7 INERT CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 20 $49.00 0.00%$93.10 $49.00 $980.00 Other 22179 TASER 7 INERT CARTRIDGE, STANDOFF (3.5-DEGREE) NS 20 $49.00 0.00%$93.10 $49.00 $980.00 Other 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- DEGREE) NS 256 $38.00 0.00%$924.16 $38.00 $9,728.00 Other 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 3 $375.00 0.00%$375.00 $1,125.00 Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. 4 Q-346520-44497.859RH Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. 5 Q-346520-44497.859RH \s1\\d1\ Signature Date Signed 10/28/2021 CONFIDENCE. CONNECTIVITY. COMMUNITY. THE POWER TO DE-ESCALATE DE-ESCALATE WITH CONFIDENCE / CONNECT TO SAVE TIME / FOCUS ON COMMUNITIES TASER 7 – the most effective CEW ever – gives officers the confidence to de-escalate dangerous situations, provides improved integration to the Axon network for optimized workflows, and further demonstrates your commitment to keeping communities safe with reality-based training that improves outcomes. FEATURES AND BENEFITS / CLOSE-RANGE OPTIMIZED 93% increased probe spread at close range, where 85% of deployments occur, according to agency reports / IMPROVED DARTS TASER 7 darts fly straighter and faster with nearly twice the kinetic energy for better connection to the target, and the body of the dart breaks away to allow for attainment at tough angles / ADAPTIVE CROSS-CONNECT Electricity is intentionally driven between all contacts to maximize the effectiveness of the probe deployment and to help compensate for close probe spreads or clothing disconnects TASER 7 axon.com/taser7 , AXON, Axon, TASER, TASER 7 are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more information, visit www.axon.com/legal. All rights reserved. © 2020 Axon Enterprise, Inc. / RAPID ARC Delivers similar electrical charge as previous models but at a faster rate, causing more rapid incapacitation / INVENTORY MANAGEMENT Using the Axon Device Manager mobile application to assign weapons and accessories dramatically reduces the time it takes to manage devices in the field. This new functionality includes enhanced inventory search and status updates / DOCK-AND-WALK FUNCTIONALITY Firmware updates and weapon log downloads occur automatically, saving your agency time and ensuring your weapons are always up to date / RECHARGEABLE BATTERY One battery for the life of the weapon / DAYLIGHT GREEN LASER Improve your aim with a more visible green daylight laser / LOUDER ARC Further enhances TASER 7 as a de-escalation tool / ENHANCED DATA MANAGEMENT Full integration into the Axon Evidence (evidence.com) ecosystem, with re-designed pulse graphs and firing logs managed as evidence / IMPROVED ERGONOMIC DESIGN Operational interfaces have been refined through extensive user feedback SPECIFICATIONS WEATHER RESISTANCE: IP53 Ingress Protection MIL-STD-810G Test Method 510.6 (sand and dust), Method 506.6 (rain) IEC 60529 HOUSING: High Impact Polymer OPERATING TEMPERATURE: - 4° F to 122° F [-20° C to 50° C] DROP TEST: 5 feet HUMIDITY: 85% Relative, Non-condensing LASER: Top - High Visibility Green Class 2; Bottom - Red Class 2 ILLUMINATION: 210 Lumen Light Emitting Diode (LED) WARRANTY: 1 year from date of receipt SERVICE LIFE: 5 Years (Recommended) NEWEST TASER SMART WEAPON •Re -engineered to dramatically reduce ineffective deployments. •Comprehensively re -constructed training program designed to drive consistent, best-case outcomes to avoid injury and loss of life. •Program management redesigned to create new efficiencies with new workflow for time and cost savings. SIGNIFICANTLY IMPROVED EFFECTIVENESS •There are 3 key reasons why TASER deployments can be ineffective today. 1.Probes connect too closely to one another to deliver incapacitation. (AKA Close Probe Spread) 2.One or both probes miss their mark or bounce off of subjects. (AKA Single Probe Hit/Misses) 3.Probes initially seat within clothing but are dislodged with movement or contact.(AKA Clothing Disconnects ) SIGNIFICANTLY IMPROVED EFFECTIVENESS •The TASER 7 re -design responds to those top key causes of ineffectiveness. ❖New probes fly straighter & faster for better accuracy,impacting with twice the kinetic energy dispersed over a larger surface to compress thicker clothing.They seat and stay within clothing and subjects far more consistently. ❖TASER 7 is substantially more effective at close range where 90% of deployments occur.With an increased probe spread, close quarter deployments are optimized to deliver NMI rather than localized pain.Conversely, longer ranges are optimized with shorter spread cartridges. ❖TASER 7 utilizes current levels of electricity with dramatically improved efficiency for greater, more consistent incapacitation. RE-DESIGNED TRAINING TO OPTIMIZE EFFECTIVNESS AND PROMOTE DE-ESCALATION •Enhanced training increases focus on dynamic scenarios intended to better prepare users for real -world applications of the improved technology. •Online preliminary training will reduce classroom time and allow trainers to allocate greater resources for hands -on exercises. •Trackable modules and assessment scores dramatically improve accountability •Interactive content shift :New technology incorporates Virtual Reality (VR) empathy training, which directs officers to consider their force options from the viewpoint of the community. ENHANCED PROGRAM MANAGEMENT •The TASER 7's new "dock and walk" workflow ensures optimized, healthy and updated devices with consistent data capture,while eliminating battery replacement costs through recharging. This also eliminates cables and manual work. •Device management by simple mobile application ensures rapid assignment/re -assignment of all TASER 7 CEWs, and now cartridges for maximum accountability. SUMMARY -TASER 7 CEW •Completely re -engineered devices are safer, more accurate and more effective where they are most commonly deployed. •Completely re -designed TASER 7 training better prepares officers for real -world usage, and better equips them to deescalate when possible. •The new TASER 7 program management model takes advantage of lessons learned from other connected technologies (like body- worn cameras) carried by law enforcement worldwide,delivering consistent administration of a healthier program with increased automation.Program administrators will spend less time on a better program. STAFF REPORT ITEM NO. ________5_________ TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk DATE: December 15, 2021 SUBJECT: Second Reading of Ordinance No. 1466 Entitled: “An Ordinance of the City Council of the City of Baldwin Park, California, Authorizing the City of Baldwin Park to Enter into a Statutory Development Agreement with Don Verde, LLC, for the Cultivation and Manufacturing of Commercial Cannabis at the Real Property Located at: 13075 Garvey Avenue, Baldwin Park, California 91076 (APN 8556-022-043)” SUMMARY This report requests City Council’s consideration to approve the Second Reading of Ordinance No. 1466 to approve Development Agreement 21-02 between the City of Baldwin Park and Don Verde LLC, to permit a Commercial Cannabis Cultivation and Manufacturing Facility within the I-C, Industrial Commercial Zone. Ordinance No. 1466 was introduced for first reading during a regular meeting of the City Council on December 1, 2021. RECOMMENDATION Staff recommends that the City Council waive second reading and adopt Ordinance No. 1466, entitled: “An Ordinance of the City Council of the City of Baldwin Park, California, Authorizing the City of Baldwin Park to Enter into a Statutory Development Agreement with Don Verde, LLC, for the Cultivation and Manufacturing of Commercial Cannabis at the Real Property Located at: 13075 Garvey Avenue, Baldwin Park, California 91076 (APN 8556-022-043)”. FISCAL IMPACT Not Applicable BACKGROUND Ordinance No. 1466 was introduced for first reading during a regular meeting of the City Council held on December 1, 2021. ALTERNATIVES Not Applicable LEGAL REVIEW This ordinance has been reviewed by the City Attorney ATTACHMENTS 1. Ordinance No. 1466 ORDINANCE NO. 1465 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A STATUTORY DEVELOPMENT AGREEMENT WITH DON VERDE, LLC, FOR THE CULTIVATION AND MANUFACTURING OF COMMERCIAL CANNABIS AT THE REAL PROPERTY LOCATED AT: 13075 GARVEY AVENUE, BALDWIN PARK, CALIFORNIA 91076 (APN 8556-022-043) WHEREAS, a Statutory Development Agreement (“Agreement”) between the City of Baldwin Park, a general law city (“CITY”), and Don Verde, LLC, a California limited liability company (“OWNER”), has been or will be executed; and WHEREAS, a duly noticed public hearing was held by the Planning Commission of the CITY on November ___, 2021, to receive comments and consider recommendation to the City Council of the proposed 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 or will hold a duly noticed public hearing pursuant to the California Government Code regarding the Agreement on December ___, 2021; and WHEREAS, the City Council has reviewed the 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 Agreement; and WHEREAS, the City Council hereby specifically finds that the provisions of the Agreement are consistent with the General Plan of the CITY; and WHEREAS, the City Council hereby specifically finds that the 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 Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5; and WHEREAS, as required by law, the City Council will conduct a first reading to the proposed ordinance on December ___, 2021. City of Baldwin Park – Ordinance Approving Statutory Agreement – Don Verde, LLC Page 2 of 4 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 Agreement Projects (DA DA21-02) will not have a significant impact of the environment and is Categorically Exempt pursuant to Article 19, Section 15301, Class 1, ‘Existing Facilities.’ Furthermore, the location 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 the Agreement: 1. The 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 commercial cannabis business is located within the IC, Industrial Commercial Zone, it is anticipated that the use of the property is consistent with the other industrial uses within the area. The adoption of commercial cannabis related cultivation and manufacturing activities are 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 Agreement requires that the OWNER shall use good faith efforts to employ at least forty percent (40%) of the Project’s workforce consisting of CITY residents. 2. The 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) commercial cannabis cultivation, manufacturing and distribution activities are permitted 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 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. City of Baldwin Park – Ordinance Approving Statutory Agreement – Don Verde, LLC Page 3 of 4 4. The Agreement is in conformance with the general area, and the 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 commercial cannabis uses and the closest residential zone; furthermore, pursuant to Section 127.07.E.1 of the CITY’s Municipal Code, the commercial cannabis use is not near 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. 5. The 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 Agreement (Reference Attachments ____________________ to the Planning Commission and City Council staff report dated November 10, 2021) is consistent with California Government Code Sections 65864-65869.5. SECTION 3. The City Council hereby approves and adopts the 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 December ___, 2021 and adopted and ordered published at a regular meeting of said Council on the ____________ day of December, 2021. PASSED, APPROVED, AND ADOPTED this ____ day of December, 2021. ________________________________ Emmanuel Estrada Mayor City of Baldwin Park – Ordinance Approving Statutory Agreement – Don Verde, LLC Page 4 of 4 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, LOURDES MORALES, Chief Deputy City Clerk, 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 November 17, 2021. Thereafter, said Ordinance No. 1465 was duly approved and adopted at a regular meeting of the City Council on December ___, 2022, by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ________________________________ Lourdes Morales, Chief Deputy City Clerk STAFF REPORT ITEM NO. ________6_________ TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer PREPARED BY: Benjamin Martinez, Community Development Director DATE: December 15, 2021 SUBJECT: Status Update Related to Street Vending Efforts SUMMARY The City Council heard a presentation on October 20, 2021 related to street vending regulations, business considerations and legal issues. Input from street vendors was also solicited and received. City staff is returning today to receive direction from the City Council on a myriad of tasks designed to assist the street vendor community, as described below. RECOMMENDATION Staff recommends that the City Council accept and file this staff report and provide comment and direction related to the following tasks: 1. Amend Baldwin Park Municipal Code (BPMC) 122.99 (Sidewalk Vending) in accordance with Senate Bill 946 with the goal of updating restrictions and providing clarification to the street vendor community; and 2. Plan and implement a 2022 series of City-sponsored food events designed for street vendor participation; and 3. Develop a financial loan and/or grant assistance program for street vendors; and 4. Support the dedication of a staff member in the Community Development Department to act as a Street Vendor Liaison/Advocate including the creation of marketing and educational materials; and 5. Direct staff to market and participate in the next mobile retail and food truck expo in Los Angeles to occur in 2022; and 6. Explore the idea of creating a more convenient commissary for street vendor storage and maintenance requirements; and 7. Apply enforcement of Baldwin Park Municipal Code 122.9 in ensuring compliance with its requirements. City shall defer the confiscation of food products to the LA County Department of Public Health Depending upon City Council direction related to the tasks above or additional direction as provided, city staff will be able to return within the next 45-60 days for Council consideration and potential action. FISCAL IMPACT There is no impact related to this status update report. Staff will provide a cost estimate for the special food event once the design of the program is fully developed. For reference, the City of El Monte budgeted $90,000 for a similar program. BACKGROUND The City Council heard a presentation on October 20, 2021 related to street vending regulations, business considerations and legal issues. Input from street vendors was also solicited and received. Per direction from the City Council, City staff along with Special Legal Counsel prepared a memorandum to detail the existing process, outline potential obstacles to entry, and suggest areas of possible improvement. The memorandum is attached to this staff report. DISCUSSION Not unique to the City of Baldwin Park, sticking a best balance between the support and the objection to street vending is a challenging undertaking. In the interest of Baldwin Park being more thorough an fain in its approach to finding the best balance point, Council directed staff to undergo an educational and outreach effort to ensure that street vendors were aware of the licensing and operating requirements, and to receive suggestions on how the City can lend assistance. Limited enforcement actions were conducted during the education and outreach period, which ran from July 2021 through December 2021. As noted by the recommendations in this report, staff feels that creating a street vendor special event will provide for a regulated yet open event for street vendors to conduct business while costumers feel safe in patronizing. Enforcement of the City’s Municipal Code 122.99 will resume in January 2011 with the caveat that only the LA County Department of Public health will conduct confiscation of food products when such enforcement action is necessary. LEGAL REVIEW A memorandum was prepared by Special Legal Counsel and is attached to this report. ALTERNATIVES The City Council may choose to direct staff to pursue the tasks listed above in the Recommendation section of this report and/or in the attached memorandum provided by Special Legal Counsel, or provide alternative direction. ATTACHMENTS 1. Memorandum from Special Legal Counsel IRVINE | INLAND EMPIRE | BAY AREA | SACRAMENTO Curtis R. Wright CWright@SilverWrightLaw.com 3350 Shelby Street, Suite 250 Ontario, California 91764 909-833-5420 – 1 of 8 – MEMORANDUM To: City of Baldwin Park City Council From: Arthur E. Shin, Special Counsel to City Council Date: December 7, 2021 Subject: Existing Process and Potential Obstacles to Entry, Areas of Possible Improvement to Promote Legal Street Vending, and a Brief Analysis of Existing Baldwin Park Municipal Code Ordinances BACKGROUND Recent changes in state law serve to promote economic development in low income and immigrant communities by recognizing the benefits of sidewalk vending in that such sidewalk vending allows access to culturally significant foods and merchandise. This document is intended to (1) provide detail in the process of becoming a legal sidewalk vendor within the City of Baldwin Park (“City”), (2) suggest areas where the possibly onerous process of becoming a sidewalk vendor within the City may be alleviated, and (3) provide a brief analysis of existing Baldwin Park Municipal Code (“BPMC”) sections and possible changes that may be required in light of the recent state law changes. This memorandum supposes that a person without any prior experience intends to become a sidewalk food vendor. The process may differ from person to person as some of the steps of this process may have already been addressed by the person at some other point I. FEDERAL, STATE AND COUNTY REQUIREMENTS: These are the general steps a person seeking to enter into a sidewalk vending venture may expect. The steps outlined below are to be generally followed in order, but some may be undertaken simultaneously. a. OBTAIN A FOOD CART i. An operable, non-motorized food cart is necessary for inspection and permitting. The food cart will be necessary as Los Angeles County will require it for inspection. • Must be non-motorized; and IRVINE | INLAND EMPIRE | BAY AREA | SACRAMENTO – 2 of 8 – • Must be operated by push/pull operation, pedal driven, or a stand/display. ii. Costs: Costs for simple food carts can vary from as little as $200 used1 to $3,000 or more new.2 iii. Timeframe: Ready-to-purchase carts are available from retailers but custom orders will require additional time. b. FEDERAL/STATE TAXATION: Some sort of taxpayer identification will be necessary. This can be a Social Security Number (“SSN”), Employer Identification Number (“EIN”) or Individual Taxpayer Identification Number (“ITIN”). i. SSN • No cost for application for SSN; • May be issued between two to four weeks after application. ii. EIN • No cost for application for EIN; • May be issued immediately if the application completed online, or up to four to five weeks if application is made by mail. iii. ITIN: Undocumented individuals who are subject to income tax filing may simultaneously apply for an ITIN number when a federal return is filed. • No cost for application of ITIN; • The IRS estimates an ITIN may take up to seven weeks after receipt of all documents. c. OBTAIN A STATE SELLER’S PERMIT FROM THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION (“DTFA”) i. Required for all sidewalk vendors selling products normally subject to sales tax. ii. Process can be done online. iii. Costs: There is no fee for issuance of a sales permit.3 iv. Timeframe: The taxpayer/applicant may receive the DTFA seller’s permit the same day or up to 14 days after application. 1 See section re: Los Angeles County Department of Public Health. 2 See Suggestions below. 3 In some cases, the DTFA may require the payment of a security deposit for potential unpaid taxes if the business closes. In general, such deposits would not be required, particularly if the taxpayer/applicant has no history of failure to pay taxes. If a security deposit is required, the minimum-security deposit is $2,000 to a maximum of $50,000. (See California Revenue and Taxation Code § 6701; California Department of Tax and Fee Administration, Compliance Policy and Procedures Manual, Ch. 4, §§ 405.020 , 405.030 [https://cdtfa.ca.gov/taxes- and-fees/manuals/cpm-04.pdf].) IRVINE | INLAND EMPIRE | BAY AREA | SACRAMENTO – 3 of 8 – d. OBTAIN FOOD HANDLERS’ CERTIFICATE i. Sidewalk vendors selling unpackaged and perishable foods will require specific training on safe food handling practices. ii. There are two types of food handling certificates, Certified Food Protection Manager (“CFPM”) and Certified Food Handler (“CFH”). iii. Training can be done online. Costs and time involved vary by the type of program. iv. CFPM: This may be required for most food cart owners/operators. The certificate is good for five years. • Costs: Applicant should expect to pay between $100 to $150 for the training and proctored exam (also online). • Timeframe: Training is a minimum of eight hours. Maximum time is dependent on the applicant. v. CFH: Required for all persons engages in preparation, storage or service of food. (Possession of a CFPM certificate does not require a person also obtaining a CFH certificate.) • Costs: Online classes can be found for as little as $7. • Timeframe: Training requires minimum of three hours of instruction. e. LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH (“LACDPH”) MOBILE FOOD FACILITY PERMIT i. A permit is required from LACDPH for anyone selling food items from a mobile food cart. LACDPH will also need to inspect the cart for licensing. ii. Costs4 • Prepackaged food only: $393; • Unpackaged food: $772. iii. Timeframe: Carts not requiring any mechanical refrigeration or heating services may receive a permit immediately upon inspection. Carts that do require refrigeration or heating will require a Plan Check (review of the plans of the cart) and certification may take up to two months. f. STORAGE AT FOOD COMMISSARY: While not a licensing requirement, potential sidewalk vendors should note that food carts are required to be stored at a food commissary. (See Health & Safety Code §§ 113751, 114297.) Around the City of Baldwin Park, the closest is located in the City of El Monte. This may discourage potential sidewalk vendors who have few options of transporting their food cart for the required cleaning and storage. 4 See Suggestions below. IRVINE | INLAND EMPIRE | BAY AREA | SACRAMENTO – 4 of 8 – II. CITY OF BALDWIN PARK REQUIREMENTS a. Business license: All vendors are required to obtain and display a city business license. i. Costs • Initial fee: $136; • Renewal fee: $71. ii. Timeframe: Upon application, approval and issuance of license may take one to two weeks. Applicants may submit applications for licenses with City Hall which will mail the license to the applicant. b. Encroachment permits: Required of any vendor seeking to conduct business on a public sidewalk. i. Costs: Encroachment permits may be obtained through the City’s Engineering Division for a one-time payment of $175. ii. Timeframe: The City will issue the encroachment permit between 24 to 48 hours after application. c. Insurance: BPMC Sec. 122.02(P)(3) requires sidewalk vendors to maintain liability insurance. Cost for insurance is around $25 per month. III. SUMMARY OF ALL COSTS AND TIMELINE: The process for obtaining permission from multiple levels of government to operate a sidewalk food vending business presents particular challenges, many which seem to conflict with the stated intentions of SB 946. The City’s focus is limited to the matters the City can address, namely costs and fees associated with the operation of such a business. a. Cost: Assuming the new sidewalk vendor wishes to purchase a one-time encroachment permit5 and acquires the cheapest suitable used food cart available, the costs to start a business can be as low as around $1,000 based on the figures above.6 Should the new sidewalk vendor purchase new equipment and again assuming the purchase of a one-time City encroachment permit, the cost can climb to around $3,500. b. Time: Much of the timeframe in which a new potential sidewalk vendor may begin operations is dependent on the diligence of the potential operator. Assuming, however, all due diligence by the potential operator, the fastest a potential operator may be able to start a business is in a few weeks or up to five months. 5 This is perhaps a good assumption to make as there are no current provisions stating where a sidewalk vendor may otherwise operate. 6 This figure includes the licensing fee (for prepackaged foods) for LACDPH. With new carts, it is likely this fee may be avoided, even for the more expensive unpackaged food license as those costs are already added into the price of the new food cart. See Suggestions below. IRVINE | INLAND EMPIRE | BAY AREA | SACRAMENTO – 5 of 8 – i. Some of the processes may be able to happen simultaneously; a person may simultaneously purchase a food cart and apply for a seller’s permit, for example. ii. However, some processes cannot be conducted simultaneously. The LACDPH for example, will need to examine the food cart or the plans. iii. Realistically, assuming all due diligence and potential delays, a person may expect to begin operation within three months. c. While there is not a significant amount of the timing that may be addressed at the City level, the cost to open and operate such a business is clearly prohibitively high. Some of these issues may be addressed through City action. IV. BPMC ORDINANCES: Current ordinances addressing sidewalk vendors (BPMC Sec. 122.02). Current BPMC prohibits the following: a. Selling within 25 feet of an intersection, traffic signal, railroad crossing or controlled sidewalk (Sec. 122.02(A)); b. Selling within a City park or facility where the City has an exclusive agreement with a food vendor (Sec. 122.02(B)); c. In any park or City facility between 10:00 PM and 7:00 AM and in any driveway or parking lot where traffic may be blocked (Sec. 122.02(C)); d. Within a school zone or within 500 feet of a school during loading and unloading times or when children may be present (Sec. 122.02(D)); e. In any residential area except for roaming vendors who may stop long enough to complete a transaction without blocking traffic (Sec. 122.02(E)); f. Chaining or otherwise securing a cart to any streetlight pole, sign, fire hydrant or any other object in a public right-of-way (Sec. 122.02(L)); g. In any designated bicycle or vehicular pathway, within 50 feet of a bus stop or bus shelter, within 25 feet of a fire hydrant, within 25 feet of a driveway approach, or 18 inches of a curb edge (Sec. 122.02(M) (1)-(5)); h. Within 1,000 feet of any City special event, farmers’ market, street fair, concert, or similar venue, or any temporary use permitted events such as filming, parades, or outdoor concerts (Sec. 122.02(Q)). V. AREAS OF IMPROVEMENT, CLARIFICATION OR ASSISTANCE a. Changes in State law (see SB 946; Government Code §§ 51036-51038) addresses some of the concerns relating to sidewalk vendors and the desire to facilitate the industry for sidewalk vendors. The following changes are recommended for purposes of compliance with State law: i. Sec. 122.02(B): Government Code § 51037(b)(2)(A) prohibits the City from restricting a vendor from selling food or merchandise in any City park except that the City may prohibit stationary sidewalk vendors if there is an exclusive concession agreement in place; IRVINE | INLAND EMPIRE | BAY AREA | SACRAMENTO – 6 of 8 – • By this language, the City may not prohibit a roaming sidewalk vendor from selling in a City park. • 122.02(B) should be amended to generally state as follows: “A stationary sidewalk vendor shall not vend in a city park or facility when an exclusive agreement is in place with the city and a food vendor.” ii. Secs. 122.02(A), (C), (D), and (M): These sections address specific locations where the current BPMC prohibits or restricts sidewalk vendors on public right of ways. Government Code § 51038(b)(1) specifies that the City cannot prohibit sidewalk vending operations within specific parts of a public right of way unless “when that restriction is directly related to objective health, safety, or welfare concerns.” • To this end, these specific subsections of the current BPMC Sec. 122.02 address specific areas of public right of ways that sidewalk vending is currently prohibited. • These subsections would probably benefit from additional language specifying the “health, safety, or welfare concerns” being addressed by the prohibition. • Example: Amend Sec. 122.02(D) to state essentially the following: “In order to protect the safety of children and other pedestrians during school loading and unloading times, and during periods when children are present, as well as to ensure the orderly flow of vehicular traffic, vendors shall not vend in a school zone or within 500 feet of a school during loading and unloading times or at any time when children are present.” b. Other changes that can be made to BPMC 122.02 to further facilitate sidewalk vending may include the following: i. Adding to Sec.122.02(B) to specify which parks stationary vendors are prohibited at for clarity; ii. Amending 122.02(C) to add an exception for special use permits for events that are scheduled to start or end within the specified times of 10:00 PM and 7:00 AM; iii. Amend Sec. 122.02(A) (or add an additional subsection) to prohibit the use of tents, temporary shelters, picnic tables or other folding tables and chairs, and the use of signs or other apparatus attached to City facilities, any trees or poles; iv. Current Sec. 122.02(H) requires all sidewalk vendors to hold and display a City of Baldwin Park business license. To limit sidewalk vendors to Baldwin Park residents and for the City to clearly distinguish those holding Baldwin Park business licenses from others without such licenses, IRVINE | INLAND EMPIRE | BAY AREA | SACRAMENTO – 7 of 8 – amend Sec. 122.02(H) to require the display of the sidewalk vendor’s business license to be on a distinctive background (based on color, pattern, or other method) in a specified size and/or shape c. Costs: The City may help defray some of the costs of the potential sidewalk vending operation. i. Carts: The food cart will likely be the largest expense for the potential sidewalk vendor. Used carts, even if they could be found for $200, would also have to pay at least $393 to Los Angeles County for the certification required by LACDPH. If the cart is one that requires refrigeration or heating, the cost to license the cart would rise to nearly $1,000. New carts do have the fees for LACDPH licensing/certification already added into the price of the cart. For a basic cart, therefore, the cost may be $3,000 but it is a cart that has/should be approved by LACDPH. ii. Loan: The City may enter into a loan with a potential sidewalk vendor regarding the purchase or lease of the cart. To address the potential for non-compliant food carts within the City, by loaning or purchasing the cart for the sidewalk vendor, the vendor can be in compliance with applicable laws without the burden of a large initial expense. iii. Grant: The City may also consider awarding grants to fund the purchase of a cart, either in whole or in part. The City can consider recovering the cost of such grants in other ways, such as fees for vending at special events. d. Fees: The City could address the fees to be charged for sidewalk vendors to facilitate compliance with all City regulations related to sidewalk vending. i. Encroachment permit fee: As many of the sidewalk vendors are utilizing public sidewalks, the encroachment permit at a one-time fee of $175 is effective at defraying the costs for an encroachment permit. ii. Changes in BPMC: Make specific and targeted changes in BPMC to delineate where and when sidewalk vendors may operate pursuant to new State law. iii. City operated commissary: Establish city-operated commissary to allow sidewalk vendors’ compliance with the storage and preparation of foods for sale. e. City Liaison/Advocate for Sidewalk Vendors: Establish a contact person in the Community Development Department to facilitate transactions and interactions with various agencies regarding sidewalk vendors. IRVINE | INLAND EMPIRE | BAY AREA | SACRAMENTO – 8 of 8 – f. Additionally, BPMC Sec. 122.02 could also be amended to not only include the changes suggested above but also redrafted to a more logical format. As written, Sec. 122.02 has prohibitions to locations for sales, requirements for sidewalk vendors, and several regulations all intermixed within it. To clarify for all interested parties, the ordinance could be amended or separated to include prohibited locations for sale in one section, regulatory requirements in another section, and other regulations in another. STAFF REPORT ITEM NO. ________7_________ TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer PREPARED BY: Benjamin Martinez, Community Development Director DATE: December 15, 2021 SUBJECT: Summary of Cannabis Program Inspections SUMMARY The following memorandum outlines current and proposed inspection activities of cannabis facilities in Baldwin Park. RECOMMENDATION Staff recommends that the City Council receive and file this report. FISCAL IMPACT There is no fiscal impact related to this status report. BACKGROUND In November of 2019, the City Council adopted Ordinance 1443, amending Table 153.050.020, Section 153.120, and Table 153.150.040 of Chapter 153 of the City’s Municipal Code to create a Commercial Cannabis Use Program. The following memorandum outlines current and proposed inspection activities of cannabis facilities in Baldwin Park. At this time, inspections are completed as follows: Department/Div. Agency Schedule Police City of Baldwin Park At COO Application Community Development Enhancement Division City of Baldwin Park Quarterly Environmental Health Division Los Angeles County Dept. of Public Health Twice annually Fire Los Angeles County Minimum, one per year Department of Cannabis Control State of California Unknown In addition to the above, City Staff is in discussions with a private consulting firm named HdL Companies to provide cannabis inspections to gain compliance with additional State and local laws. HdL has extensive experience working with municipalities in California to develop and manage their cannabis use programs. Their proposed services are discussed further below. CURRENT INSPECTION ACTIVITIES Police Department Inspections: The Police Department conducts security inspections at the time when a cannabis operator applies for a Certificate of Occupancy (COO 1). The inspection is conducted at the cannabis facility to confirm that all security requirements set forth in Title XI, Chapter 127, Medical and Adult Use, Commercial Cannabis, of Ordinance 1443 have been satisfied. Attachment 1 to this 1 A COO or Certificate of Occupancy is required to operate a cannabis facility. A COO is issued by the City’s Building Division upon verification of approval by the City’s Planning, Engineering and Business License Divisions and the County Departments of Public Health and Fire. memo, page 8, Section E, contains a list of the security requirements. Inspections include security cameras and video surveillance. Community Development Inspections: The Community Development Department conducts a quarterly compliance inspection (four times per year) to ascertain compliance with the cannabis activities approved in the COO (i.e., cultivation, manufacturing and/or distribution). The inspection confirms if any non-approved cannabis activity is occurring. For example, if an operator is approved for manufacturing only, then the inspection should reveal no cultivation or distribution activities. If a COO has not been approved for the cannabis operator yet, then an inspection is made to assure that no cannabis operations are occurring at all. Direction from the City Council to conduct quarterly inspections was given in late 2020. Each cannabis operator is required to execute a Development Agreement (DA) which contains a myriad of requirements and obligations including the right for city staff to inspect their cannabis facility with no prior notice. County Health Dept. Inspections: In December 2017, the Los Angeles County Board of Supervisors approved the Cannabis Facilities ordinance to authorize the Department of Public Health (DPH) to contract with incorporated cities to issue Public Health permits and conduct environmental health and sanitation inspections of commercial cannabis facilities licensed by those cities. The Baldwin Park City Council approved this contract last month on the October 20th Agenda. At the cost of the cannabis operator, DPH will enforce public health laws related to commercial cannabis activity. Inspections shall consist of at least two unannounced site visits conducted per year although inspections have not begun due to the recent approval of the program. Attachment 2 is the County’s Cannabis Facility Inspection Guide for 2021 which provides extensive details of the inspection requirements. Inspections include how products and ingredients are separated and protected as well as how hazardous materials and chemicals are properly identified, stored and used. Fire Department Inspections: The Los Angeles County Fire Department performs, at a minimum, an annual inspection of cannabis facilities in Baldwin Park. Some facilities may require bi-annual inspections based on the quantity of stored chemicals. The number of required inspections is specified on the Fire permit for each facility at COO approval. State of California Inspections: At the writing of this report the State of California Department of Cannabis Control (DCC) appears to perform minimal inspections state-wide. This is according to experts in the cannabis field. The State recently undertook a consolidation effort of two agencies to create the DCC. After this process is finalized from an operations standpoint, it is expected that additional inspection and enforcement will occur in the future. PROPOSED INSPECTION ACTIVITIES In addition to the above inspections, City Staff is in discussions with the HdL Companies to provide inspection services including a full, on-site inspection to ensure that each cannabis operator complies with all State and local laws and regulatory protocols related to the following: • Inventory management • Cash handling procedures • Access control • Video surveillance • Product safety • Alarm system maintenance and safety • Lock standards • Packaging and labeling • Waste management • Transportation documentation • Surveillance equipment maintenance • Occupational badges • Business records • Other items as necessary to ensure compliance with laws Staff has not finalized a scope of work with HdL but the goal would be to provide for an inspection program that supports and strengthens the already existing inspections performed by the Police Department, Community Development and the County DPH. Inspection of cannabis facilities is vital to the management of a program that ensures community safety and quality-of-life concerns. Initially, the City of Baldwin Park instituted security and COO compliance inspections to gain general compliance. However, with the recent approval of DPH inspections by the City Council, cannabis operator’s facilities that are operating under an approved COO can expect a higher level of scrutiny and inspection in order to achieve compliance with public health laws. Moreover, City Staff expects to complete discussions with HdL in the near future and, if deemed beneficial and cost-effective, contract with HdL to provide additional inspection activities to complement and enhance those existing efforts described above. LEGAL REVIEW No legal review is required. ALTERNATIVES None at this time. ATTACHMENTS 1. Attachment 1 - Ordinance 1443, page 8, Section E, list of the security requirements 2. Link to Cannabis Facility Inspection Guide 2021: http://www.publichealth.lacounty.gov/eh/docs/permit/cannabis-facility-inspection-guide.pdf ORDINANCE NO. 1443 AN ORDINANCE OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING TABLE 153.050.020, SECTION 153.120, AND TABLE 153.150.040 OF CHAPTER 153 OF THE CITY’S MUNICIPAL CODE RELATING TO COMMERCIAL CANNABIS USE WHEREAS, Chapter 153 of the City of Baldwin Park Municipal Code regulates medical and adult use commercial cannabis within the Industrial Commercial and Industrial zones pursuant to Table 153.050.020; and WHEREAS, Government Code Section 5022.7 permits the amendment of municipal codes as often as deemed necessary by the legislative body, and WHEREAS, The City determined that the proposed action (the “Project”) is exempt from California Environment Quality Act (CEQA), and WHEREAS, State CEQA Guidelines Section 15061 (b)(3), the General Rule that CEQA only applies to projects that may have an affect on the environment; and WHEREAS, on September 25, 2019, after conducting a properly noticed public hearing, the Planning Commission adopted Resolution No. PC 19-18, recommending that the City Council amend Chapter 127 of the BPMC as it pertains to medical and adult use commercial cannabis. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PAK DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 153 (“Zoning Code”) Table 153.050.020 entitled “Permitted and Conditionally Permitted Uses within Commercial and Industrial Zones” shall be amended to include 153.120 Part 18 under additional regulations for Medical and Adult Cannabis Cultivation, Manufacturing and Distribution, and shall read as follows: TABLE 153.050.020 Permitted and Conditionally Permitted Uses within Commercial and Industrial Zones P CUP A -- Permitted use Conditional use permit required Accessory use Use not allowed Land Use C-1 C-2 F-C I-C I Additional Regulations Acupressure/Acupuncture Establishments -- -- -- -- -- Adult-Oriented Businesses -- -- -- P P 153.120 Part 1 Alcohol Sales a. On-Sale Outlets b. Off-Sale Outlets CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP 153.120 Part 2 Antique Shops -- P -- P -- Arcades and Internet Cafes -- CUP -- CUP -- 153.120 Part 3 Art/ Photography Stores, Studios and Galleries -- P P P -- Astrology and Fortunetelling Establishments -- CUP -- -- -- TABLE 153.050.020 Permitted and Conditionally Permitted Uses within Commercial and Industrial Zones P CUP A -- Permitted use Conditional use permit required Accessory use Use not allowed Land Use C-1 C-2 F-C I-C I Additional Regulations Automotive Sales and Services a. Automotive Detailing b. Automotive Repair and Installation c. Automotive Sales, Rental and Leasing (new) d. Automotive Sales, Rental and Leasing (used) e. Automotive Parts Supply Stores f. Automotive Washes -- -- -- -- P -- CUP CUP -- -- P CUP -- -- CUP -- P -- CUP CUP CUP CUP P CUP -- CUP CUP CUP P CUP Automotive wash accessory to a permitted sales or rental facility is permitted Banks and Financial Institutions -- P P P P Boat Sales (new or used) -- CUP CUP CUP CUP Business Support Services (blueprinting, computer-services, publishing, film processing, equipment rental, etc.) -- P P P P Catering Establishments -- P -- P P Commercial Entertainment (motion picture theaters, performing arts centers, dance halls) -- CUP CUP CUP -- Congregate Living Health Facilities CUP CUP -- -- -- Day Care Facilities – Child CUP CUP -- -- -- 153.120 Part 6 Day Care Facilities – Adult CUP CUP -- -- -- Drive-through Establishments -- CUP CUP CUP CUP 153.120 Part 7 Drug Stores and Pharmacies P P CUP P -- Educational Institutions a. College, University, Professional b. Elementary and Secondary (private) c. Elementary and Secondary (public) d. Vocational and Trade Schools -- -- P -- CUP CUP P -- -- -- P -- CUP CUP P CUP CUP -- P CUP 153.040.030 153.040.030 153.040.030 Emergency Shelters -- -- -- P -- 153.120 Part 16 Equipment Sales, Rental or Repair – Large Equipment -- -- -- CUP CUP Equipment Sales, Rental or Repair (excludes automotive and large equipment) -- P P P P Food and Beverage Sales a. Grocery Stores (includes large, full-service markets) b. Specialty Stores (deli, coffee, bakery, produce) c. Convenience Stores d. Liquor Stores -- P CUP -- P P CUP CUP CUP P CUP -- P P CUP CUP P P CUP CUP 153.120 Part 2 Food Processing Plant -- -- -- -- CUP TABLE 153.050.020 Permitted and Conditionally Permitted Uses within Commercial and Industrial Zones P CUP A -- Permitted use Conditional use permit required Accessory use Use not allowed Land Use C-1 C-2 F-C I-C I Additional Regulations Game Machines A A A A A 153.050.040 Helistops, Heliports -- -- -- -- -- Heliports associated with permitted hospitals may be permitted in association with any valid discretionary permit Home Improvement Store -- CUP CUP CUP CUP Hospitals and Medical Services: a. General Hospital Facilities (primarily inpatient) b. Medical/Dental Offices c. Ambulance Services -- P -- CUP P -- CUP P A CUP P CUP -- -- CUP 153.040.030 Hotels and Motels -- CUP CUP CUP -- 153.120 Part 9 Kennels -- -- -- CUP CUP Laundry Facilities, Commercial (carpet, upholstery, etc) -- -- -- CUP CUP Manufacturing, Assembly, Industrial, Welding, Storage, Fabrication, Research and Testing Establishments -- -- -- P P This use category applies to both raw and previously prepared materials, excluding uses involving an incinerator, blast furnace or other similar industrial process (e.g., batch plants, truss manufacturing, canneries, co- generation plants, equipment assembly). Uses involving an incinerator, blast furnace or other similar industrial process shall require a Conditional Use Permit. Massage Establishments and Services -- -- -- -- -- 153.120 Part 17 Medical Marijuana/Cannabis Dispensaries -- -- -- -- -- TABLE 153.050.020 Permitted and Conditionally Permitted Uses within Commercial and Industrial Zones P CUP A -- Permitted use Conditional use permit required Accessory use Use not allowed Land Use C-1 C-2 F-C I-C I Additional Regulations Medical and Adult Cannabis Cultivation, Manufacturing and Distribution -- -- -- P (DA) P (DA) Permitted by right, but pursuant to 153.120 Part 18 and Chapter 127 of the Municipal Code and approval of a Development Agreement (DA) Mortuaries -- CUP -- CUP -- Multiple Tenant Retail - Small -- P -- -- -- Multiple Tenant Retail - Large -- -- P -- -- Nightclubs -- CUP -- CUP -- Nightclubs accessory to a permitted primary use are permitted, provided the permit for the primary use expressly identifies the nightclub as an accessory use Off-Street Parking Facility CUP CUP CUP CUP CUP Must be located within 300 ft of the primary use/parcel Offices – Business and Professional P P P P P Outdoor Storage and Use -- A -- A A 153.050.050 Parcel Delivery Terminals -- -- -- CUP CUP Personal Services (barber shops, beauty salons/spas, tailors, dry cleaning, self-service laundry, mailbox services, etc.) P P -- P P Pet Stores P P P -- -- Places of Assembly CUP CUP -- CUP CUP Recreational Facilities a. Dance or Martial Arts Studios b. Health Clubs and Gymnasiums c. Indoor Facilities (billiards, bowling alleys, etc.) d. Outdoor Facilities (batting cages, golf courses, etc.) P -- -- -- P CUP CUP -- -- CUP CUP -- -- CUP CUP CUP -- CUP CUP CUP 153.120 Part 5 Recycling Facilities (mobile or staffed facilities) -- CUP -- CUP CUP No more than one recycling facility shall be permitted within a radius of 3,000 feet. TABLE 153.050.020 Permitted and Conditionally Permitted Uses within Commercial and Industrial Zones P CUP A -- Permitted use Conditional use permit required Accessory use Use not allowed Land Use C-1 C-2 F-C I-C I Additional Regulations Restaurant: a. Restaurant with no Alcohol Sales b. Restaurant with Alcohol Sales P CUP P CUP P CUP P CUP P CUP 153.120 Part 2 Retail Shops P P P P P Secondhand Stores -- CUP -- -- -- Self-Storage Facility (mini-warehouse) -- -- -- CUP CUP Indoor Storage only. Service Stations -- CUP CUP CUP CUP 153.120 Part 12 Studios (film, motion picture, research, testing, etc.) -- -- -- P P Swap Meets -- -- -- -- -- Tobacco Shops -- -- -- CUP -- Transportation Facilities (bus or truck terminals, taxi dispatch yards, etc.) -- -- -- -- -- Vending Machines a. Regular b. Reverse A -- A A A A A A A A 153.050.040 Veterinary Services (clinic and hospital) -- CUP -- CUP CUP Warehouses -- -- -- -- CUP Wholesale Sales A A A A A Section 2. Chapter 153 (“Zoning Code”) Section 153.120 entitled “Standards for Specific Land Uses and Activities” shall be amended to include Part 18, and shall read as follows: PART 10 MEDICAL MARIJUANA/CANNABIS DISPENSARIES 153.120.330- Use Prohibited Medical Marijuana/Cannabis Dispensaries are prohibited in the city. PART 18 Medical and Adult Cannabis Cultivation, Manufacturing and Distribution § 153.120.560 – Intent and Purpose The purpose of regulating commercial cannabis activity is to comply with California state law in a manner designed to minimize negative impact on the City, and to promote the health, safety, morals, and general welfare of residents and businesses with in the City. § 153.120.570 – Use Regulations A. Chapter 127: Medical and Adult Use Commercial Cannabis. All commercial cannabis activity shall comply with all applicable provisions of Title XI, Chapter 127, Medical and Adult Use Commercial Cannabis, of this code. B. Outdoor Cultivation. Owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the City to use or allow such premise to be used for the outdoor cultivation of cannabis plants is prohibited in the City. C. Development Agreement Required. Prior to operating in the City and as a condition of issuance of a Permit, the applicant shall enter into a development agreement with the City setting forth the terms and conditions under which the facility will operate that is in addition to the requirements of Title XI, Chapter 127, including, but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed upon, approval of architect ural plans (including site plan, floor plan, and elevation, to conform with manufacturing uses under the Baldwin Park Municipal Code), and such other terms and conditions that will protect and promote the public health, safety, and welfare of all persons in the City. D. Maximum Number of Commercial Cannabis Permits. No more than 25 (twenty-five) permits, each with a maximum of 22,000 square feet of permitted commercial cannabis use may be allowed, maintained, or operated in the City at any time. § 153.120.580 – Development Standards The development standards set forth in subchapter 153.050, Commercial and Industrial Zones, shall apply to commercial cannabis facilities, unless otherwise specified here. The location and types of commercial cannabis facilities shall be limited as follows: A. Proximity to schools, day-care centers, or youth centers. A commercial cannabis facility shall not be located within 600 feet of a school, day-care center, or youth center. B. Proximity to residential zoning districts. A commercial cannabis facility shall not be located within 50 feet from a dwelling unit within a residential zone, except when exclusively manufacturing food and/or edible cannabis products and no other products, and no extraction of cannabis or cannabis products is taking place on the premises. A Manufacturing facility of edible cannabis products and no other products, and where no on-site extraction occurs shall not be located within 25 feet of a dwelling unit within a residential zone. C. Maximum square footage. Each approved permit shall not exceed 22,000 square feet of commercial cannabis floor area. D. Facility. A commercial cannabis facility shall comply with the following: 1. All activity shall occur in an enclosed locked structure. Locks shall be of commercial grade. Residential door locks are prohibited; and 2. From a public right-of-way, there should be no exterior evidence of the manufacturing, cultivation and/or distribution of medical and adult use cannabis; and 3. All licensed sites shall comply with the City’s lighting standards including, without limitation, fixture type, wattage, illumination levels, and shielding and secure the neccessary approvals and permits as needed ; and 4. All windows on the licensed premises shall be appropriately secured and all cannabis securely stored ; and 5. All operations conducted within a licensed premises, and all equipment used must be in compliance with all applicable state and local laws, including all building, electrical, and fire codes; and 6. Areas that are wet locations, and the electrical system in such areas must comply with Title 8 of this code, Article 300.6(0) of the National Electric Code, City and California building codes, fire codes, electrical codes, and all other applicable laws; and 7. Licensed sites are permitted under this chapter under a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new construction shall be fire sprinkled per the Fire Code. For all commercial cannabis facilities that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists: a. A Group F-1 fire area exceeds 12,000 square feet. b. A Group F-1 fire area is located more than 3 stores above grade plane. c. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 22,000 square feet. 8. All licensed manufacturing and cultivating premises shall possess air scrubbers or a filtration system capable of eliminating odors from escaping the building before operating ; and 9. Licensed distribution facility. Staff reserves the right to require a licensed distribution facility to install air scrubbers or a filtration system capable of eliminating odors from escaping the building if the facility is found to emit cannabis odors. 10. The manufacture, distribution, and transportation of edible cannabis products shall be conducted in a manner that complies with all applicable food safety laws for the protection of humans consuming cannabis. 11. All products, storage facilities, utensils, equipment, and materials used for the manufacture of edible cannabis products shall be approved, used, managed, and handled in accordance to the provisions of all State and County Health and Safety Laws regarding the preparation, distribution, labeling, and sale of food. 12. Any manufacturing site that proposes to prepare, store, dispense, and distribute edible cannabis products shall comply with the relevant provisions of all State and County Health and Safety Laws regarding the preparation, distribution, labeling, and sale of food. 13. No food production shall be allowed in a facility where edible cannabis products are manufactured to avoid the unintentional contaminat ion of non-cannabis foods with cannabis. 14. All owners, employees, volunteers, or other individuals that participate in the production of edible cannabis products shall be State certified food handlers. The valid certificate number of each such owner, employee, volunteer, or other individual shall be on record at the permitted premises where said individual participates in the production of edible cannabis products. E. Security. All security requirements set forth in Title XI, Chapter 127, Medical and Adult Use Commercial Cannabis, of this code are applicable. 1. Security cameras shall be installed and maintained in good working condition, and used in an on-going manner with at least 240 continuous hours of digitally recorded documentation in a format approved by the Chief of Police and/or his designee. The cameras shall be in use 24 hours per day, 7 days per week. The areas to be covered by the security cameras include, but are not limited to, the storage areas, manufacturing or cultivation areas, all doors and windows, and any other areas as determined by the Chief of Police and/or his designee. 2. Entrances to any storage areas shall be locked at all times and under the control of Licensee's staff. 3. The business entrance(s) and all window areas shall be illuminated during evening hours. The applicant shall comply with the City's lighting standards regarding fixture type, wattage, illumination levels, shielding, etc., and secure the necessary approvals and permits as needed. 4. All windows on the Licensee's building shall be unopenable or locked and all product securely stored. 5. Each Licensee shall implement a system to track the cultivation and manufacturing of cannabis in order to prevent the Licensee from diverting or transporting cannabis to any location not authorized by state laws or any local law or regulation. 6. All waste and disposal containers shall be stored in a secure area, and under the control of Licensee's staff. 7. Each Licensed Premises shall have a Security Alarm System, installed by a licensed alarm company that alters the alarm monitoring company on all premises entry points and windows. 8. Each Licensed Premises must be continuously monitored by an alarm monitoring company. 9. The Licensed Premises shall maintain up-to-date records and existing contracts on the premises that describe the location and operation of each security alarm system, a schematic of security zones, the name of the licensed alarm company, and the name of any vendor monitoring the premises. 10. Upon request, each licensee shall make a vailable to the Chief Executive Officer or any state or local law enforcement agency, for a purpose authorized by this chapter or state or local law enforcement purpose, all information related to security alarm systems, recordings, monitoring, and alarm a ctivity. 11. Prior to exercising the privileges of a permit under this chapter, an applicant must install fully operational video surveillance and camera recording system. The recording system must record in digital format and meet the requirements outlined in this Section. 12. All physical non-cloud based video surveillance records must be stored in a secure area that is only accessible to the management staff of the Licensed Premises. 13. Video surveillance records and all recordings must be made available upon request to the Chief of Police or any other state or local law enforcement agency for a purpose authorized by this chapter or for any other state or local law enforcement purpose. 14. Video surveillance records shall be held in confidence by all employees and representatives of the Chief Executive Officer, except that the Chief of Police or his designee may provide such records and recordings to a state or local law enforcement agency for a purpose authorized by this Chapter or for a state or local law enforce ment purpose. 15. A sign shall be posted in a conspicuous place near each point of public access that shall be not less than 12 inches wide and 12 inches high, composed of letters not less than one inch in height, stating "All Activities Monitored by Video Ca mera" or "These Premises Are Being Digitally Recorded" or otherwise advising all persons entering the Licensed Premises that a video surveillance and camera recording system is in operation at the Licensed Premises and recording all activity as provided in this Chapter. 16. The Licensed Premises should use video surveillance equipment and a camera system that can be accessed remotely 24 hours a day by the Baldwin Park Police Department and the City, as specified in each development agreement. 17. Video surveillance equipment shall, at a minimum, consist of digital or video recorders, cameras capable of meeting the recording requirements described in this section, video monitors, digital archiving devices, and a color printer capable of delivering still photos. 18. All video surveillance systems must be equipped with a failure notification system that provides prompt notification to the Licensed Permit holder of any prolonged surveillance interruption and/or the complete failure of the surveillance system. 19. Licensed Premises are responsible for ensuring that all surveillance equipment is properly functioning and maintained so that the playback quality is suitable for viewing and the surveillance equipment is capable of capturing the identity of all individuals and activities in the monitored areas. 20. All video surveillance equipment shall have sufficient battery backup to support a minimum of 4 hours of recording in the event of a power outage. 21. Camera placement shall be capable of identifying activity occurring within 20 feet of all points of ingress and egress and shall allow for the clear and certain identification of any individual and activities on the Licensed Premises. 22. All entrances and exits to the facility shall be recorded from both indoor and outdoor vantage points. 23. The system shall be capable of recording all pre-determined surveillance areas in any lighting conditions. If the Licensed Premises has a cannabis cultivation area, a rotating schedule of lighted conditions and zero-illumination can occur as long as ingress and egress points to those areas remain constantly illuminated for recording purposes. 24. Areas in which cannabis is grown, tested, cured, manufactured, or stored shall have camera placement in the room facing the primary entry door at a height that provides a clear, unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment. 25. Cameras shall also be placed at each location where weighing, packaging, transport, preparation, or tagging activities occur. 26. At least one camera must be dedicated to record the access points to the secured surveillance recording area. 27. All outdoor cultivation areas must meet the same video surveillance requirements applicable to any other indoor Limited-Access Areas. 28. Surveillance recording equipment must be housed in a designated, locked and secured room or other enclosure with access limited to authorized employees, agents of the Chief Executive Officer, state or local law enforcement agencies for a purpose authorized by this chapter or for any other state or local law enforcement purpose, and service personnel or contractors. 29. The Licensee must keep a current list of all authorized employees and service Personnel who have access to the surveillance system and/or room on the Licensed Premises. Licensed Premises must keep a surveillance equipment maintenance activity log on the Licensed Premises to record all service activity, with the identity of the individual(s) performing the service, the service date and time, and the reason for service to the surveillance system. 30. Off-site monitoring and video recording storage of the Licensed Premises or an independent third-party is authorized as long as standards exercised at the remote location meets or exceeds all standards for on-site monitoring. 31. Each Licensed Premises located in a shared building must have a separate surveillance room/area that is dedicated to that specific Licensed Premises. All minimum requirements for equipment and security standards as set forth in the section apply to the review station. 32. All camera views of all recorded areas must be continuously recorded 24 hours a day. 33. All surveillance recordings must be kept for a minimum of 90 days and be in a format that can be easily accessed for viewing on premises. Video recordings must be archived in a format that ensures authentication of the recording as legitimately -captured video and guarantees that no alteration of the recorded image has taken place. 34. The surveillance system or equipment must have the capabilities to produce a color still photograph from any camera image, live or recorded. 35. The date and time must be embedded on all surveillance recordings without significantly obscuring the picture. 36. Time is to be measured in Pacific Standard Time in accordance with the U.S. National Institute of Standards and Technology. 37. After the 90-day surveillance video retention schedule has lapsed, surveillance video recordings must be erased or destroyed prior to being discarded or disposed of for any other purpose. Surveillance video recordings may not be destroyed if the Permit Holder knows or should have known of a pending criminal, civil, or administrative investigation or any other proceeding for which the recording may contain relevant information. Section 3. Chapter 153 (“Zoning Code”) Table 153.150.040 entitled “Number of Required Parking Spaces” shall be amended to include 1 space/1,000 square feet of building area for Medical and Adult Cannabis Cultivation, Manufacturing and Distribution, and shall read as follows: Table 153.150.040 Number of Required Parking Spaces Land Use Minimum Number of Spaces Required Artist Studio/Gallery 1 space/450 square feet of gross floor area Automotive and Equipment Sales/Service a. Automotive Sales/Rental/Leasing b. Automotive Repair/Installation c. Automotive Storage d. Heavy Equipment Rental and Sales e. Large Equipment Repair a. 1 space/2,000 square feet of site area b. 1 space/250 square feet of building area, plus 3 spaces/service bay c. 1 space/employee d. 1 space/400 square feet of building area, plus 1 space/2,000 square feet of site area e. 2 spaces/service bay Banks and Financial Services 1 space/200 square feet of building area Banquet Hall/Lodge/ Meeting Hall 1 space/3 seats or 1 space/35 square feet of assembly area Caretaker Housing 1 space/dwelling unit Day Care Facilities a. Small-Family Day Care Home b. Large-Family Day Care Home c. Day Care Facility a. No requirement beyond standard single-family residential dwelling b. 2 spaces for single-family dwelling, plus 1 space/employee not residing in the home, plus 1 space for drop-off and pick-up c. 1 space/employee plus 1 space/facility vehicle, plus 1 space/8 children (or adult, if adult day care) at facility licensed capacity Church or other Place of Worship 1 space/3 fixed seats or 1 space/50 square feet of assembly area, plus spaces required for auxiliary uses Commercial Entertainment a. Motion Picture or Live Theater b. Dance Halls c. Sports Arenas a. 1 space/3 seats b. 1 space/3 seats, plus 1 space/50 square feet of dance floor area c. 1 space/3 seats Table 153.150.040 Number of Required Parking Spaces Land Use Minimum Number of Spaces Required Commercial Recreation a. Health/Fitness Club b. Billiard/Bowling Alley c. Arcade/Internet Café a. 1 space/150 square feet of building area b. 3 spaces/100 square feet of building area c. 1 space/150 square feet of building area Drug Store/Pharmacy 1 space/250 square feet of building area or space within an associated facility Dwelling a. Single-family Detached, Duplex, Condominium and Townhouse b. Apartments c. Efficiency Apartments d. Senior Housing a. 2 garage spaces/dwelling unit, plus 1 additional garage or surface space where dwelling unit contains 5 or more bedrooms b. 1 carport space/dwelling unit, plus 1 other space/dwelling unit c. 1 space/dwelling unit d. 1 space/dwelling unit For all but single-family detached dwellings, Guest Parking shall be provided at 1 space/3 dwelling units Emergency Shelter 1 space/5 beds and 2 additional spaces Equipment Sales and Rental a. Indoor display b. Outdoor display a. 1 space/250 square feet of building area b. 1 space/1,000 square feet if display area, plus any required for indoor display or related use Food and Beverage Sales: a. Grocery Store, Liquor Store, Specialty Food Shop b. Convenience Store a. 1 space/200 square feet of building area b. 1 space/150 square feet of building area Industrial/Manufacturing/Materials/Goods Processing 1 space/500 square feet of building area Hospital/Medical Service a. General Hospital Service b. Medical/Dental Office c. Ambulance Service a. 2 spaces/1 bed b. 1 space/200 square feet of building area c. 1 space/ambulance, plus 1 space/250 square feet of office space Hotel/Motel 1 space/guest room, plus additional parking as required for any on-site restaurant, conference facility or other auxiliary use Kennel 1 space/250 square feet of site area Laundry 1 space/750 square feet of building area Medical and Adult Cannabis Cultivation, Manufacturing and Distribution 1 space/1,000 square feet of building area Mobile Home Park 2 spaces/mobile home site, plus 1 guest space/5 mobile home sites Table 153.150.040 Number of Required Parking Spaces Land Use Minimum Number of Spaces Required Office - Business and Professional (other than medical or dental) 1 space/250 square feet of building area Personal Service Business 1 space/200 square feet of building area Restaurant/Bar a. Bar b. Restaurant c. Night Clubs and Discotheques a. 1 space/150 square feet of building area b. 1 space/100 square feet of building area c. 1 space/100 square feet of building area Retail Sales - General 1 space/250 square feet of building area School a. Elementary or Secondary (Private) b. High School (Private) c. Specialized and Vocational a. 1 space/employee plus, 1 space/classroom b. 1 space/employee plus, 1 space/ 2 students in 11th and 12th grade c. 1 space/35 square feet devoted to instructional purposes plus, 1 space/classroom Self-storage Facility 4 spaces, plus 2 spaces for management and employees Service Station a. Stand-alone Station b. With Accessory Retail/Convenience Market c. With Vehicle Maintenance/Repair a. 2 spaces/service bay b. 5 spaces or first 1,000 square feet, plus 1 space/300 square feet thereafter c. 2 spaces/service bay Warehousing and Distribution 1 space/1,000 square feet of building area Note: Building area defined as gross usable area SECTION 4. If any section, subsection, sentence , clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Co uncil hereby declares that it would have adopted this ordinance, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion or the ordinance would be subsequently declar ed invalid or unconstitutional. SECTION 5. 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 Ba ldwin Park held on the 6th day of November, 2019, and adopted and ordered published at a regular meeting of said Council on the 20th day of November, 2019. PASSED AND APPROVED ON THE 20th DAY OF NOVEMBER, 2019. ___________________________________ MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA } COUNTY OF LOS ANGELES 55: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby ce rtify that the foregoing ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on November 6, 2019. Thereafter, said Ordinance No. 1445 was duly approved and adopted at a regular meeting of the City Council on November 20, 2019 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. ________8_________ TO: Honorable Mayor and Members of the City Council FROM: Enrique Zaldivar, Chief Executive Officer Laura J. Thomas, Human Resources/Risk Manager Rose Tam, Director of Finance DATE: December 15, 2021 SUBJECT: Adopt Resolutions Approving Memorandums of Understanding Between The City of Baldwin Park And Baldwin Park City Associations for (CEA), (CCEA), (CMEA), (POA), (PMEA), (SEIU), the Executive & Unclassified Managers Benefits Matrix; and Approval of one-time Premium Pay using ARPA Funds for Active City Employees SUMMARY This report seeks City Council consideration and adoptions of Resolutions approving the Memorandum of Understanding for BPCEA, BPCMEA, BPCCEA, BPPOA, BPPMEA and SEIU Local 721 bargaining groups as negotiated. City Council’s consideration and adoption of a Resolution approving the Executive & Unclassified Managers Benefits Matrix and a Resolution approving the American Rescue Plan Act (ARPA) funds for currently active part time employees who worked during the Pandemic in accordance with ARPA regulations, is also being requested. RECOMMENDATION Staff recommends that the City Council approve and adopt: 1. Resolution No. 2021-036 to Approve the MOU with the Baldwin Park City Employees Association (CEA); and 2. Resolution No. 2021-037 to Approve the MOU with the Baldwin Park Classified Confidential Employees Association (CCEA); and 3. Resolution No. 2021-038 to Approve the MOU with the Baldwin Park Classified Management Employees Association (CMEA); and 4. Resolution No. 2021-039 to Approve the MOU with the Baldwin Park Police Officers Association (POA); and 5. Resolution No. 2021-040 to Approve the MOU with Police Management Employees Association (PMEA); and 6. Resolution No. 2021-041 to Approve the MOU with the Service Employees International Union Local 721 (SEIU); and 7. Resolution No. 2021-042 Amending the Executive Employees and Unclassifed Managers Benefits Matrix to grant similar adjustments as other groups; and 8. Resolution No. 2021-043 Updating the Comprehensive City of Baldwin Park Pay Schedule to reflect salary adjustments retroactive to July 1, 2021; salary adjustments to be effective December 26, 2021 and and minimum wage salary adjustments to be effective January 1, 2022; and 9. Resolution No. 2021-044 to appropriate ARPA funds to currently active part-time employees who worked during the pandemic in accordance with ARPA regulations; and 10. Authorize the Director of Finance to set aside $2M from the FY 2021 General Fund surplus to cover the estimated costs of this MOU (FY 2021-22 to FY 2023-24) for the General Fund portion and complete all appropriations and budget amendments; and 11. Authorize the Chief Executive Officer to make corrections and adjustments technical in nature to be in conformance with the intent of the City Council. FISCAL IMPACT The total fiscal impact for the three-year MOU is estimated to cost $2,672,713 as shown in the table below. The General Fund cost will be funded from the FY 2021 General Fund surplus. The one-time premium pay is estimated at $1,22M and will be funded from ARPA funds. BACKGROUND AND DISCUSSION Per the City Council’s direction, staff met and conferred with the representatives of the City Employees Association (CEA); the Confidential Employees Association (CCEA); the Classified Management Employees Association (CMEA); the Police Officers Association (POA); the Police Management Employees Association (PMEA); and the Service Employees International Union Local 721 (SEIU). One of the primary objectives of these negotiations was to achieve some level of parity on universal matters of interest to all bargaining groups, including cost of living adjustments, premium pay through ARPA funds; medical benefits; and longevity pay. The City recognizes that part time as well as full time employees continued to provide optimum services to the public and assisted in maintaining service levels during a very challenging time period in our history. In spite of risks to health and safety, Baldwin Park employees (full time and part-time) rose to the occasion to meet urgent operational needs. City Council’s recognition of this fact led to a very smooth negotiating process. Negotiations have now been officially concluded in which the majority of bargaining groups have ratified the proposed changes in the respective Memorandum of Understanding for their units. Additionally, the City Council has approved in previos action the granting of the premium (ARPA) bonus pay to part-time employees in the same amount as the full-time employees up to $5,000 on the eligibility criteria. Staff will effectuate the payment to parti-timers upon the full eligibility being fully developed. Finally, in addition to negotiating compensatory items, the City engaged in meaningful discussion about ways to solidify positive relationships with all of the Unions; build rapport; and partner with employee groups to brainstorm productivity and revenue enhancement ideas for the benefit of the City. Conflict resolution methods were explored and fully supported by the City and Unions to maintain harmonious working relationships. The City is hopeful that a positive tone for future negotiations has been established which will continue to seek outcomes that are mutually beneficial to both the City and Baldwin Park employees. Your City Negotiations Team appreciates the tenor, candor and the good faith exhibited by all of the bargaining groups, which made the process productive and respectful. All Groups FY21-22 Estimated Cost FY22-23 Estimated Cost FY23-24 Estimated Cost TOTAL Estimated Cost All Groups General Fund 332,349 777,547 783,462 1,893,358 Special Revenue and Other Funds 133,681 322,562 323,112 779,355 Total Estimated Cost 466,030$ 1,100,109$ 1,106,573$ 2,672,713$ FY 2021-22 to FY 2023-24 MOU ESTIMATED COST Summary of Universal Benefits Negotiated Between City and Bargaining Groups COLA’s – 2% and $5,000 premium pay – July 1, 2021 3% - July 1, 2022 3% - July 1, 2023 Longevity Pay – (POA & PMEA Five (5) – Nine (9) Years - $50/mo Exception) Ten (10) – Fourteen (14) Years - $100/mo Fifteen (15)-Nineteen (19) Years - $150/mo Twenty (20)-Twenty-four (24) Years - $200/mo Twenty-five (25) years or more - $250/mo Medical Benefits – $1,300 - July 1, 2021 (POA & PMEA $1,350 – July 1, 2022 Exception) $1,400 - July 1, 2023 Certification Pay – averaging a $100 mo/ depending on type of certificates, all of which must be relevant to the job ALTERNATIVES Council may choose to provide staff alternatives or direct staff to negotiate further. This would likely require the item to be held over and discussed again in Closed Session. However, this is not recommended as both bargaining units and the City agreed upon these provisions. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2021-036 BPCEA Memorandum of Understanding 2. Resolution No. 2021-037 BPCCEA Memorandum of Understanding 3. Resolution No. 2021-038 BPCMEA Memorandum of Understanding 4. Resolution No. 2021-039 BPPOA Memorandum of Understanding 5. Resolution No. 2021-040 BPPMEA Memorandum of Understanding 6. Resolution No. 2021-041 SEIU Local 721 Memorandum of Understanding 7. Resolution No. 2021-042 Executive & Unclassified Benefits Matrix 8. Resolution No. 2021-043 Comprehensive Pay Schedules effective July 1, 2021 and December 26, 2021. 9. Resolution No. 2021-044 Part-time ARPA 10. Memorandums of Understanding will be available on December 15, 2021. RESOLUTION NO. 2021-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND BALDWIN PARK CITY EMPLOYEES ASSOCIATION (CEA) YEARS 2021-2024 WHEREAS, representatives of the City Council of the City of Baldwin Park have met and conferred with duly authorized representatives of the Baldwin Park City Employees Association (CEA) to make equitable adjustments to wages and other terms and conditions of employment; and WHEREAS, a Memorandum of Understanding prepared by said representatives has been prepared to the City Council for consideration and approval; and WHEREAS, a majority of the unit members from the group voted to approve the Memorandum of Understanding. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. That this City Council does hereby approve and authorize the Mayor of the City of Baldwin Park to sign the “Memorandum of Understanding” between the City of Baldwin Park and Baldwin Park City Employees Association (CEA) attached hereto as Exhibit A. The Memorandum of Understanding for employees represented by the Baldwin Park City Employees Association (CEA), is hereby effective for the period from July 1, 2021 through June 30th, 2024. SECTION 2. Resolutions or portions thereof in conflict are hereby repealed. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall cause the Resolution to become in full effect upon approval. The City Clerk shall forward a certified copy of this adopted Resolution to each Department Head and Human Resources Manager upon execution. PASSED, APPROVED, AND ADOPTED this 15th day of December 2021. _______________________________ EMMANUEL ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-036 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on December 15, 2021 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK RESOLUTION NO. 2021-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND BALDWIN PARK CONFIDENTIAL CITY EMPLOYEES ASSOCIATION (CCEA) YEARS 2021-2024 WHEREAS, representatives of the City Council of the City of Baldwin Park have met and conferred with duly authorized representatives of the Baldwin Park City Confidential Employees Association (CCEA) to make equitable adjustments to wages and other terms and conditions of employment; and WHEREAS, a Memorandum of Understanding prepared by said representatives has been prepared to the City Council for consideration and approval; and WHEREAS, a majority of the unit members from the group voted to approve the Memorandum of Understanding. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. That this City Council does hereby approve and authorize the Mayor of the City of Baldwin Park to sign the “Memorandum of Understanding” between the City of Baldwin Park and Baldwin Park City Confidential Employees Association (CCEA) attached hereto as Exhibit A. The Memorandum of Understanding for employees represented by the City of Baldwin Park and Baldwin Park City Confidential Employees Association (CCEA), is hereby effective for the period from July 1, 2021 through June 30th, 2024. SECTION 2. Resolutions or portions thereof in conflict are hereby repealed. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall cause the Resolution to become in full effect upon approval. The City Clerk shall forward a certified copy of this adopted Resolution to each Department Head and Human Resources Manager upon execution. PASSED, APPROVED, AND ADOPTED this 15th day of December 2021. _______________________________ EMMANUEL ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-037 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on December 15, 2021 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK RESOLUTION NO. 2021-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND BALDWIN PARK CITY MANAGEMENT EMPLOYEES ASSOCIATION (CMEA) YEARS 2021-2024 WHEREAS, representatives of the City Council of the City of Baldwin Park have met and conferred with duly authorized representatives of the Baldwin Park City Management Employees Association (CMEA) to make equitable adjustments to wages and other terms and conditions of employment; and WHEREAS, a Memorandum of Understanding prepared by said representatives has been prepared to the City Council for consideration and approval; and WHEREAS, a majority of the unit members from the group voted to approve the Memorandum of Understanding. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. That this City Council does hereby approve and authorize the Mayor of the City of Baldwin Park to sign the “Memorandum of Understanding” between the City of Baldwin Park and Baldwin Park City Management Employees Association (CMEA) attached hereto as Exhibit A. The Memorandum of Understanding for employees represented by the City of Baldwin Park and Baldwin Park City Management Employees Association (CMEA), is hereby effective for the period from July 1, 2021 through June 30th, 2024. SECTION 2. Resolutions or portions thereof in conflict are hereby repealed. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall cause the Resolution to become in full effect upon approval. The City Clerk shall forward a certified copy of this adopted Resolution to each Department Head and Human Resources Manager upon execution. PASSED, APPROVED, AND ADOPTED this 15th day of December 2021. _______________________________ EMMANUEL ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-038 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on December 15, 2021 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK RESOLUTION NO. 2021-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND BALDWIN PARK POLICE EMPLOYEES ASSOCIATION (BPPA) YEARS 2021-2024 WHEREAS, representatives of the City Council of the City of Baldwin Park have met and conferred with duly authorized representatives of the Baldwin Park Police Employees Association (BPPA) to make equitable adjustments to wages and other terms and conditions of employment; and WHEREAS, a Memorandum of Understanding prepared by said representatives has been prepared to the City Council for consideration and approval; and WHEREAS, a majority of the unit members from the group voted to approve the Memorandum of Understanding. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. That this City Council does hereby approve and authorize the Mayor of the City of Baldwin Park to sign the “Memorandum of Understanding” between the City of Baldwin Park and Baldwin Park Police Employees Association (BPPA) attached hereto as Exhibit A. The Memorandum of Understanding for employees represented by the City of Baldwin Park and Baldwin Park Police Employees Association (BPPA), is hereby effective for the period from July 1, 2021 through June 30th, 2024. SECTION 2. Resolutions or portions thereof in conflict are hereby repealed. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall cause the Resolution to become in full effect upon approval. The City Clerk shall forward a certified copy of this adopted Resolution to each Department Head and Human Resources Manager upon execution. PASSED, APPROVED, AND ADOPTED this 15th day of December 2021. _______________________________ EMMANUEL ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-039 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on December 15, 2021 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK RESOLUTION NO. 2021-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND BALDWIN PARK POLICE MANAGEMENT EMPLOYEES ASSOCIATION (BPMEA) YEARS 2021-2024 WHEREAS, representatives of the City Council of the City of Baldwin Park have met and conferred with duly authorized representatives of the Baldwin Park Police Management Employees Association (BPMEA) to make equitable adjustments to wages and other terms and conditions of employment; and WHEREAS, a Memorandum of Understanding prepared by said representatives has been prepared to the City Council for consideration and approval; and WHEREAS, a majority of the unit members from the group voted to approve the Memorandum of Understanding. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. That this City Council does hereby approve and authorize the Mayor of the City of Baldwin Park to sign the “Memorandum of Understanding” between the City of Baldwin Park and Baldwin Park Police Management Employees Association (BPMEA) attached hereto as Exhibit A. The Memorandum of Understanding for employees represented by the City of Baldwin Park and Baldwin Park Police Management Employees Association (BPMEA), is hereby effective for the period from July 1, 2021 through June 30th, 2024. SECTION 2. Resolutions or portions thereof in conflict are hereby repealed. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall cause the Resolution to become in full effect upon approval. The City Clerk shall forward a certified copy of this adopted Resolution to each Department Head and Human Resources Manager upon execution. PASSED, APPROVED, AND ADOPTED this 15th day of December 2021. _______________________________ EMMANUEL ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-040 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on December 15, 2021 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK RESOLUTION NO. 2021-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE MEMORANDUM OF UNDERSTANDINGH BETWEEN THE CITY OF BALDWIN PARK AND THE SERVICE EMPLOYEE INTERNATIONAL UNION LOCAL 721 (SEIU) YEARS 2021-2024 WHEREAS, representatives of the City Council of the City of Baldwin Park have met and conferred with duly authorized representatives of the Service Employees International Union (SEIU) to make equitable adjustments to wages and other terms and conditions of employment; and WHEREAS, a Memorandum of Understanding prepared by said representatives has been prepared to the City Council for consideration and approval; and WHEREAS, a majority of the unit members from the group voted to approve the Memorandum of Understanding. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. That this City Council does hereby approve and authorize the Mayor of the City of Baldwin Park to sign the “Memorandum of Understanding” between the City of Baldwin Park and the Service Employees International Union Local 721, (SEIU) attached hereto as Exhibit A. The Memorandum of Understanding for employees represented by the Service Employees International Union Local 721, is hereby effective for the period from July 1, 2021 through June 30th, 2024. SECTION 2. Resolutions or portions thereof in conflict are hereby repealed. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall cause the Resolution to become in full effect upon approval. The City Clerk shall forward a certified copy of this adopted Resolution to each Department Head and Human Resources Manager upon execution. PASSED, APPROVED, AND ADOPTED this 15th day of December 2021. _______________________________ EMMANUEL ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-041 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on December 15, 2021 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK RESOLUTION NO. 2021-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE CITY OF BALDWIN PARK AND BALDWIN PARK EXECUTIVE AND UNCLASSIFIED EMPLOYEES BENEFIT MATRIX YEARS 2021-2024 WHEREAS, the Baldwin Park Executive and Unclassified Employees are receiving equitable adjustments to wages and other terms and conditions of employment; and WHEREAS, the Executive and Unclassified Benefits Matrix has been prepared by said representatives and is reflective of appropriate cost of living increases, and other applicable benefits, and has been prepared to the City Council for consideration and approval; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. That this City Council does hereby approve and authorize the Mayor of the City of Baldwin Park to approve the Executive and Unclassified Employees Benefit Matrix, hereby effective for the period from July 1, 2021 through June 30th, 2024. SECTION 2. Resolutions or portions thereof in conflict are hereby repealed. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall cause the Resolution to become in full effect upon approval. The City Clerk shall forward a certified copy of this adopted Resolution to each Department Head and Human Resources Manager upon execution. PASSED, APPROVED, AND ADOPTED this 15th day of December 2021. _______________________________ EMMANUEL ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-042 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on December 15, 2021 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 Page 1 of 13 EXECUTIVE EMPLOYEES BENEFIT MATRIX ATTACHMENT A COST OF LIVING ADJUSTMENTS The following unadjusted base salary shall receive the following: COLA Effective July 1, 2021 - 2% COLA plus - $5,000 premium Effective July 1, 2022 – 3% COLA Effective July 1, 2023 - 3% COLA INSURANCES/SUPPLEMENTAL WAGE PAYMENTS Benefits Plan Effective the first full pay period commencing on or after January 12, 2020, the City will contribute a sum not to exceed $1,625per month for each Executive employee towards benefits as detailed below: The employee is required to maintain a minimum coverage for himself/herself in a plan of his or her choice, unless the employee can show proof of adequate health insurance coverage through another source. In instances where the employee's medical insurance premium is less than the City's monthly contribution, such employee will have an option to have the excess monies placed toward an existing benefit program. These options include: 1. Placement in a City provided health insurance plan for self, two (2) party or family coverage. 2. Placement in a City provided dental insurance plan for self, two (2) party or family coverage. 3. Placement spread over a combination of the options listed above. 4. Elect to receive any excess monies in cash, which will be considered as taxable income, or 5. Elect to place the excess cash monies in a City provided deferred compensation program. Benefits Plan for Elected Officials Effective the first full pay period commencing on or after January 20, 2021, the City will contribute a sum not to exceed $1,625 per month for each Elected Official towards benefits as detailed below: The employee is required to maintain a minimum coverage for himself/herself in a plan of his or her choice, unless the employee can show proof of adequate health insurance coverage through another source. In instances where the employee's medical insurance premium is less than the City's monthly contribution, such employee will have an option to have the excess monies placed toward an existing benefit program. These options include: Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 Page 2 of 13 1) Use funds to purchase City sponsored Health dental and/or vision insurance 2) Be reimbursed for purchasing Health, Dental, vision insurance on the open market ( not through the city) and/or 3) Deposit funds into the City sponsored Retirement Plan *Special Note for Elected Officials: Cash out of benefits as taxable income is not permitted under the law Vision Plan Effective the first full pay period commencing on or after July 1, 2017, the City will provide a vision plan, and will contribute up to a maximum premium cost of $37.55 per month. Life Insurance The City will provide term life insurance in the face amount of $100,000. Long-Term Disability and Short Term Disability The City will provide long-term and short-term disability insurance coverage as set forth in the plan on file in the Personnel Services Office. RETIREMENT Retirement — Miscellaneous Employees In accordance with City Resolution 2015-094, effective October 25, 2015, employees will pay 100% of the employee's membership contribution to the California Public Employees Retirement System (CalPERS). All such employee contributions shall be deposited in the member's retirement. Retirement — Sworn Employees In accordance with City Resolution 2015-094, effective October 25, 2015, employees will pay 100% of the employee's membership contribution to the California Public Employees Retirement System (CalPERS). All such employee contributions shall be deposited in the member's retirement account. Retiree Health Benefit Plan for Employees Hired Before July 1, 2020: For all employees hired prior to July 1, 2020, if upon retirement from the City, the employee enrolls in the City's CalPERS medical care plan, the City will pay the minimum employer contribution to CalPERS that is required by Government Code Section 22892(b). In addition, the City will also pay into the retiree's individual health reimbursement account, or similar reimbursement plan, an amount equal to the difference of the City's minimum employer contribution required by Government Code section 22892(b) and the premium cost for retiree-only coverage in the retiree's chosen medical plan. Effective the first full pay period following the date of MOU approval by City Council City and Union agree to terminate the Health reimbursement Account (HRA). Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 Page 3 of 13 Retiree Health Benefit Plan for Employees Hired on or After July 1, 2020: For all employees hired on or after July 1, 2020, if upon retirement from the City, the employee enrolls in the City's CalPERS medical care plan, the City will pay only the minimum employer contribution to CalPERS that is required by Government Code section 22892(b). TRANSPORTATION ALLOWANCE Effective the first full pay period commencing on or after July 1, 2017, the City will provide an Executive employee an amount of $500.00 per month transportation allowance except for the Police Chief who may choose a take-home, City-owned vehicle. Included is the use of a City provided take home vehicle so that employee may respond to emergencies. The use of a City vehicle does not include personal vacations and does not include personal travel a distance more than a 50 mile radius from the City. Transportation allowance may be used for public or alternative transportation. ELECTRONIC DEVICE MONTHLY ALLOWANCE Effective the first full pay period commencing on or after July 1, 2017, the City will provide an Executive employee an amount of $150.00 per month to obtain and maintain access to personal electronic communication devices (smart phones, tablets, laptops, etc.) also used for City business. LONGEVITY PAY Effective the first full pay period following the date of MOU approval by City Council the City agrees to provide a monthly longevity premium to each eligible employee as follows: Years of Service Monthly Premium Five (5) – Nine (9) Years $50 Ten (10) – Fourteen (14) Years $100 Fifteen (15) – Nineteen (19) Years $150 Twenty (20) – Twenty-four (24) Years $200 Twenty-five (25) Years or more $250 Part-time longevity will be applied at fifty percent (50%). For example, one year of part-time work cannot count for more than one half year of longevity. Employees hired full-time after July 1, 2020 will not receive part-time credit for longevity. This section is effective upon ratification and shall not result in back pay or retro pay. Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 Page 4 of 13 ATTENDANCE AND LEAVES Sick Leave The general policy for sick leave will be as set forth, for all full-time employees, in Section 11.4 of the Personnel Rules. Sick leave will accrue at the rate of 3.6923 hours on a biweekly basis and shall be debited on an hourly basis. Effective September 7, 1994, each eligible employee shall elect their maximum sick leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at a higher level than their closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee will be irrevocable. When an employee’s service with the City is terminated for any reason, no compensation shall be paid for the unused sick leave hours accrual bank. Annual Sick Leave Incentive Sick leave shall accrue on hourly basis of eight (8) hours per month and shall be debited on an hourly usage basis. Each January 1, eligible employees will commence to accrue sick leave hours above their prior elected sick leave hours bank (300, 600 or 900). At the close of the calendar year, each eligible employee will receive 75% of the unused portion of sick leave hours as compensation, calculated at their then straight time hourly rate. Payment will be made at the next closest pay period. Vacation All Executive employees shall accrue vacation leave in accordance with the following: a. Employees having less than five (5) years of service with the City: 3.6923 hours on a biweekly basis for time actually worked. b. Employees having more than five (5) years of service but less than ten (10) years of service with the City: 4.6154 hours on a biweekly basis for time actually worked. c. Employees having more than ten (10) years but less than fifteen (15) years of service with the City: 5.5385 hours on a biweekly basis for time actually worked. d. Employees having more than fifteen (15) years but less than twenty (20) years of service with the City: 6.4615 hours on a biweekly basis for time actually worked. e. Employees having over twenty (20) years of service with the City: 7.3846 hours on a biweekly basis for time actually worked. Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 Page 5 of 13 Employees will be entitled to utilize accrued vacation leave after completion of six (6) months continuous employment with the City. Executive Employees will be allowed to bank excess vacation accrual time for business necessity reasons only. Business necessity is defined as an urgent operational need requiring the employee’s presence, as determined by the City Manager. Human Resources will send out an email reminder on a semi-annual basis reminding employees to routinely check their vacation balances online to determine if they are at a use or lose status. Bereavement Leave Each Executive employee shall receive the equivalent of their workweek per incident, as needed, for a death in his or her immediate family. Immediate family shall mean and include only the employee’s spouse, children, step-children, parents, spouse’s parents, grandparents, spouse’s grandparents, brothers and sisters. Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave for bereavement be provided. Administrative Leave Effective July 1, 2017, the CEO shall receive a maximum of one hundred twenty-five (125) hours of administrative leave. Payouts for unused time is discretionary and can be paid out at any time during each fiscal year. All other Executive employees shall receive a maximum of one hundred twenty (120) hours of administrative leave each fiscal year. For all other Executive employees, unused time at the end of each fiscal year, June 30th, will be paid during the following month of July with said time being calculated at their then straight time hourly rate. Holidays All Executive employees are currently working on an alternate work schedule of four (4) days, ten (10) hours. While assigned to such work schedule, the following days shall be observed as holidays: January 1st, the third Monday in February; the last Monday in May; July 4th; the first Monday in September; November 11th; the fourth Thursday in November; December 24th; December 25th; and such other days as may be designated as holidays by motion of the City Council. If any of the foregoing holidays falls on a Friday and/or Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. Floating Holidays For each Executive employee working the 4/10 plan such employee will receive two (2) ten (10) hour days of floating leave, for a total of 20 hours. Holiday Bank At the beginning of each calendar year, the City will determine how many of the set holidays fall on a Friday and/or Saturday. An employee will be credited with an equivalent number Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 Page 6 of 13 of hours of holiday time ("Holiday Bank"). Each affected employee will also be credited with the above floating holidays. For Executive Employees working the four (4) day, ten (10) hour alternate work schedule, the holiday bank will be calculated at ten (10) hours per holiday. Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank time. Each January 1, such excess hours will be removed from the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid no later than June 30 of the same year. If an employee separates employment from the City, and has used holiday bank time prior to the occurrence of the actual holiday, he/she will have his/her vacation bank, administrative leave and/or final paycheck reduced to reflect the excess holiday bank time used. If an employee separates employment from the City, and has not used any eligible accrued holiday bank time, he/she will be paid for such eligible holiday bank time at his/her straight time rate. Compensation for Accrued Leave Time Notwithstanding the maximum accruals established for vacation, administrative leave and holiday bank, Executive employees may accrue up to a maximum of three (3) months of additional paid leave time composed of a combination of vacation, administrative leave and/or holiday bank time. DEFERRED COMPENSATION Effective the first full pay period commencing on or after January 12, 2020, the City will contribute $750.00 per month to each employee into a City sponsored defined contribution retirement plan. Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 Page 7 of 13 UNCLASSIFIED MANAGERS BENEFITS MATRIX ATTACHMENT B COST OF LIVING ADJUSTMENTS The following unadjusted base salary shall receive the following: COLA Effective July 1, 2021 - 2% COLA plus - $5,000 premium Effective July 1, 2022 – 3% COLA Effective July 1, 2023 - 3% COLA INSURANCES/SUPPLEMENTAL WANE PAYMENTS Benefits Plan Effective the first full pay period commencing on or after July 1, 2017, the maximum amount of monies that are eligible for cash out shall be capped at $1,200 per month. Effective the first full pay period commencing on or after July 1, 2017, the City's contribution to medical and dental premiums shall be increased to $1,400 per month. The employee is required to maintain a minimum coverage for himself/herself in a plan of their choice unless the employee can show proof they have adequate health insurance coverage through another source. In instances where the employee's medical insurance premium is less than the City's monthly contribution, such employee will have an option to have the excess monies placed toward an existing benefit program. These options include: 1. Placement in a City provided health insurance plan for self, two (2) party or family coverage; 2. Placement in a City provided dental insurance plan for self, two (2) party or family coverage; 3. Placement spread over a combination of the options listed above; 4. Elect to receive any excess monies in cash, which will be considered as taxable income; or 5. Elect to place the excess cash monies in a City provided deferred compensation program. Vision Plan Effective the first full pay period commencing on or after July 1, 2017, the City will provide a vision plan to all affected employees, and will contribute up to a maximum premium cost of $37.55 per month. If the premium exceeds the amount, then the employee shall be responsible to pay the difference in excess of$37.55. Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 Page 8 of 13 Life Insurance The City will provide term life insurance in the face amount of $60,000 effective April 6, 2016. The City will provide a supplemental life insurance program to enable employees to purchase additional life insurance at the employee's cost and no contribution from the City. Long-Term Disability and Short Term Disability The City will provide each employee with long-term disability insurance coverage as set forth in the plan on file in the Human Resources Office. Effective June 1, 1993, affected employees will be eligible to receive benefits commencing on the 31st day of non-work related injury or illness, and employees will be eligible to receive a maximum benefit of 66 2/3% of their current base salary up to a maximum of $5,000 per month. RETIREMENT Employees Hired Before January 1, 2013 The City contracts with the State of California Public Employees Retirement System (CalPERS) for the classifications contained in this agreement. The plan shall include the following options: 1. 2.7% @ 55 retirement formula (Government Code §21354.4); 2. Single highest year final compensation (Government Code §20042); 3. Military service credit as public service option (Government Code §21024); 4. 1959 Survivors Benefit Level I for which each employee contributes ninety-three cents ($.93) per pay period (Government Code §21571); 5. Pre-Retirement Death Benefits to continue after remarriage of survivor (Government Code §21551); 6. 2% Annual Cost of Living Allowance (Government Code §21329); 7. The City agrees to contract with CalPERS to include 1959 Survivors Benefit Level IV; and 8. $500 Retired Death Benefits. In accordance with City Resolution 2015-094, effective October 25, 2015, employees will pay 100% of the employee’s membership contribution to the California Public Employees Retirement System (CalPERS). All such employee contributions shall be deposited in the member’s retirement account. New CalPERS Members Hired On or After January 1, 2013 The City contracts with the State of California Public Employees Retirement System (CalPERS) for the classifications contained in this agreement. The plan shall include the following options: 1. 2% at 62 formula (Government Code §7522.20); 2. Three (3) year average final compensation period (Government Code §20037); Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 Page 9 of 13 3. Pre-Retirement Death Benefits to continue after remarriage of survivor (Government Code §21551); 4. Military Service Credit as Public Service (Government Code §21024); 5. 1959 Survivors Benefit Level I for which each employee contributes ninety-three cent ($.93) per pay period (Government Code §21571); 6. 2% Annual Cost of Living Allowance (Government Code §21329); 7. Employees will pay 50% of the normal cost, currently 5.5% member contribution to CalPERS; 8. The City agrees to contract with CalPERS to include 1959 Survivors Benefit Level IV; and 9. $500 Retired Death Benefits Retiree Health Benefit Plan for Employees Hired Before July 1, 2020: For all employees hired prior to July 1, 2020, if upon retirement from the City, the employee enrolls in the City's CalPERS medical care plan, the City will pay the minimum employer contribution to CalPERS that is required by Government Code Section 22892(b). In addition, the City will also pay into the retiree's individual health reimbursement account, or similar reimbursement plan, an amount equal to the difference of the City's minimum employer contribution required by Government Code section 22892(b) and the premium cost for retiree-only coverage in the retiree's chosen medical plan. Effective the first full pay period following the date of MOU approval by City Council City and Union agree to terminate the Health reimbursement Account (HRA). Retiree Health Benefit Plan for Employees Hired on or After July 1, 2020: For all employees hired on or after July 1, 2020, if upon retirement from the City, the employee enrolls in the City's CalPERS medical care plan, the City will pay only the minimum employer contribution to CalPERS that is required by Government Code section 22892(b). BILINGUAL PAY Effective the first full pay period commencing on or after July 1, 2017, the City agrees to increase the bilingual pay amount from one hundred dollars ($100.00) to one hundred fifty dollars ($150.00) per month to a persona who is capable of speaking, reading, writing and/or interpreting the language of Spanish, Chinese, Japanese, Vietnamese, Tagalog, and Signing. Qualifying test established by the City shall make determination of capability. Re-testing of individuals will be required to determine bilingual capability in the above stated languages. Only those individuals who score at the level of “Good” or better will be eligible for bilingual pay. ELECTRONIC DEVICE MONTHLY ALLOWANCE Effective the first full pay period commencing on or after July 1, 2017, the City will provide an Executive employee an amount of $100.00 per month to obtain and maintain access to personal electronic communication devices (smart phones, tablets, laptops, etc.) also used for City business. Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 Page 10 of 13 LONGEVITY PAY Effective the first full pay period following the date of MOU approval by City Council the City agrees to provide a monthly longevity premium to each eligible employee as follows: Years of Service Monthly Premium Five (5) – Nine (9) Years $50 Ten (10) – Fourteen (14) Years $100 Fifteen (15) – Nineteen (19) Years $150 Twenty (20) – Twenty-four (24) Years $200 Twenty-five (25) Years or more $250 Part-time longevity will be applied at fifty percent (50%). For example, one year of part-time work cannot count for more than one half year of longevity. Employees hired full-time after July 1, 2020 will not receive part-time credit for longevity. This section is effective upon ratification and shall not result in back pay or retro pay. ATTENDANCE AND LEAVES Sick Leave The general policy for sick leave will be as set forth, for all full-time employees, in Section 11.4 of the Personnel Rules. Sick leave will accrue at the rate of 3.6923 hours on a biweekly basis and shall be debited on an hourly basis. Each eligible employee shall elect his/her maximum sick leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at a higher level than their closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee will be irrevocable. Once the election is made by the employee, such excess hours will be removed from the employee's sick leave hours accrual, calculated at their then straight time hourly rate and placed into a sick leave hours bank to be paid at 75% of the total value, with the timing and method of payment to be determined by the City. When an employee's service with the City is terminated for any reason, no compensation shall be paid for the unused sick leave. Annual Sick Leave Incentive Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 Page 11 of 13 Sick leave shall accrue on hourly basis of eight (8) hours per month and shall be debited on an hourly usage basis. Each January 1, eligible employees will commence to accrue sick leave hours above their prior elected sick leave hours bank (300, 600 or 900). At the close of the calendar year, each eligible employee will receive 75% of the unused portion of sick leave hours as compensation, calculated at their then straight time hourly rate. Payment will be made at the next closest pay period. Bereavement Leave Each classification represented by the Association shall receive the equivalent of their workweek per incident, as needed, for a death in their immediate family. Immediate family shall mean and include only the employee's spouse, children, stepchildren, foster children, grandchildren, parents, grandparents, brothers, sisters, State Registered Domestic Partner and spouse's Parents and spouse's grandparents. Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave for bereavement is provided. Vacation Employees will be entitled to utilize accrued vacation leave after completion of six (6) months continuous employment with the City. Employees may be eligible to utilize accrued vacation leave at an earlier time, upon written request to and approval of their department head. The times during which an employee may take his/her vacation leave shall be determined by the department head with due regard for the wishes of the employee and for the needs of the service. Employees shall, each calendar year, be required to take a minimum of forty (40) consecutive hours vacation leave. In addition, an employee may, with approval of the appointing authority, use vacation leave in lesser increments during the calendar year. Employees may accumulate up to a maximum of two (2) vacation periods in any one calendar year for the purpose of a vacation leave. A vacation period is defined as the maximum amount of vacation leave accrued by an employee in any calendar year, in accordance with Subsections (a), (b), (c), (d) and (e), as stated below. a. Employees having less than five (5) years of employment (vacation accrual = 96 hours per year) the maximum amount of vacation that may be accumulated shall be 192 hours. b. Employees having more than five (5) years of service but less than ten (10) years of employment (vacation accrual = 120 hours per year), the maximum amount of vacation that may be accumulated shall be 240 hours. c. Employees having more than ten (10) years but less than fifteen (15) years of employment (vacation accrual = 144 hours per year), the maximum amount of vacation that may be accumulated shall be 288 hours. Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 Page 12 of 13 d. Employees having more than fifteen (15) years but less than twenty (20) years of employment (vacation accrual = 168 hours per year), the maximum amount of vacation that may be accumulated shall be 336 hours. e. Employees having over twenty (20) years of employment (vacation accrual — 192 hours per year). The maximum amount of vacation that may be accumulated shall be 384 hours. If the employee, because of business necessity, is not able to utilize excess accrued vacation hours, upon written request to and approval of the Department Head, an employee will be given an extension in order to take his/her vacation. In cases where the employee forfeits vacation leave time at the request of the City, upon approval of the Chief Executive Officer or designated representative(s), said employee shall be compensated for forfeited vacation leave time at the employee's current rate of pay. It is the employee's responsibility to schedule vacation time well in advance to avoid forfeiting his/her vacation or to avoid any conflicts. Business necessity is defined as an urgent operational need requiring the employee’s presence, as determined by the Department Head, Human Resources Manager and City Manager. Human Resources will send out an email reminder on a semi-annual basis reminding employees to routinely check their vacation balances online to determine if they are at a use or lose status. In the event a legal holiday falls during a vacation leave, such holiday shall not be charged as vacation leave, and the vacation leave shall be extended or accredited accordingly. Employees who separate from the service of the City shall be eligible to receive compensation for all unused, accrued vacation leave. Administrative Leave Effective the first pay period including July 1, 2017, each employee shall receive a maximum of sixty (60) eighty (80) hours of administrative leave with pay each fiscal year. The use of such leave shall be at the reasonable discretion of the employee. Unused time at the end of each fiscal year, June 30, will be paid during the following month of July with said time being calculated at their then straight time hourly rate. Holidays For employees working a 4/10 plan, the following days shall be observed as holidays: January 1st, the third Monday in February; the last Monday in May; July 4th; the first Monday in September; November 11th; the fourth Thursday in November; December 24th; December 25th; and such other days as may be designated as holidays by motion of the City Council. Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 Page 13 of 13 If any of the foregoing holidays falls on a Friday and/or Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. Floating Holidays Employees working a 4/10 plan will receive two (2) ten (10) hour days of floating leave, for a total of twenty (20) hours. Holiday Bank At the beginning of each calendar year, the City will determine how many of the set holidays fall on a Friday and/or Saturday. An employee will be credited with an equivalent number of hours of holiday time ("holiday bank"). Each affected employee will also be credited with the above floating holidays. The actual date for the use of such leave shall be subject to the approval of the Chief Executive Officer. This holiday bank leave can be used in hourly increments and combined with other leave. Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank time. If an employee, because of business necessity, is not able to utilize accrued holiday bank hours, upon written request to, and approval of the Chief Executive Officer, the employee will be paid for any excess hours over his/her maximum holiday bank hours accrual. Each January 1, such excess hours will be removed from the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid not later than June 30 of the same year. If an employee separates employment from the City, and has used holiday bank time prior to the occurrence of the actual holiday, he/she will have his/her vacation bank, administrative leave and/or final paycheck reduced to reflect the excess holiday bank time used. If an employee separates employment from the City, and has not used any eligible accrued holiday bank time, he/she will be paid for such eligible holiday bank time at his/her straight time rate. City Hall One-Time Closure One-time City Hall closure: December 26 - 29, 2017; City to provide 20 hours of holiday time for December 27 and 28, 2017. DEFERRED COMPENSATION Effective the first full pay period commencing on or after January 12, 2020, the City will contribute $150.00 per month to each employee into a City sponsored defined contribution retirement plan. RESOLUTION NO. 2021-043 A RESOLUTION OF THE CITY COUNCIL TO ADOPT A SALARY RESOLUTION TO ESTABLISH TWO COMPREHENSIVE PAY SCHEDULES FOR ALL FULL TIME EMPLOYEES, PART TIME EMPLOYEES AND ELECTED OFFICIALS IN ACCORDANCE WITH CALPERS GUIDELINES. WHEREAS, California Employees Retirement System (CalPERS) 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 whenever salary adjustments are made; and WHEREAS, the City of Baldwin Park has created two separate salary schedules with effective dates of July 1, 2021 and December 26, 2021; and WHEREAS, the salary schedule of July 1, 2021 reflects cost of living increases (COLA’s) and December 26, 2021 includes salary adjustments for the IT Manager (formerly IT Supervisor), Recreation and Community Operations Manager (formerly Recreation and Community Operations Supervisor), PW Maintenance Manager and Police Captain, including COLA’s to conform with MOU Agreements; and WHEREAS, the City of Baldwin Park compiled the necessary salary data to create two single salary schedules required in compliance with the requirements of CalPERS and has attached said reports to this resolution as with the date, July 1, 2021 and December 26, 2021. 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 adopts CC Resolution No. 2021- to create two Comprehensive City of Baldwin Park Pay Schedules that includes pay rate information for all full-time and part-time employees as well as Elected Officials. PASSED, APPROVED, AND ADOPTED this 15th day of December, 2021. _______________________________ EMMANUEL ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Lourdes Morales, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-043 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on December 15, 2021 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK CITY OF BALDWIN PARK Pay Schedule CA Code of Regulations (CCR 570.5) Effective July 1, 2021 Job Number Title Annual Fixed Rate 60006 Mayor $7,200.00 60008 City Council $7,200.00 60001 City Clerk (Non-Certified)$2,400.00 60002 City Treasurer $2,400.00 10005 City Commissioner (Per Meeting)$50.00 Housing Authority (Per Meeting)$30.00 Elected Officials Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 20001 Chief Executive Officer hourly 101.16$ 106.22$ 111.53$ 117.11$ 122.96$ monthly 17,534.51$ 18,411.23$ 19,331.80$ 20,298.39$ 21,313.31$ annual 210,414.11$ 220,934.82$ 231,981.55$ 243,580.63$ 255,759.67$ 20096 Chief of Police hourly $98.22 $103.13 $108.29 $113.70 $119.39 monthly $17,024.64 $17,875.87 $18,769.67 $19,708.15 $20,693.56 annual $204,295.68 $214,510.46 $225,235.98 $236,497.78 $248,322.67 20096-A Interim Chief of Police hourly $90.16 monthly $15,627.92 annual $187,535.02 20097 Director of Community Development hourly $67.46 $70.83 $74.37 $78.09 $81.99 monthly $11,692.34 $12,276.96 $12,890.81 $13,535.35 $14,212.11 annual $140,308.09 $147,323.49 $154,689.67 $162,424.15 $170,545.36 20037 Director of Public Works hourly $70.83 $74.37 $78.09 $81.99 $86.09 monthly $12,276.96 $12,890.81 $13,535.35 $14,212.11 $14,922.72 annual $147,323.49 $154,689.66 $162,424.14 $170,545.35 $179,072.62 20092 Director of Recreation & Community Services hourly $74.20 $77.91 $81.81 $85.90 $90.19 monthly $12,861.57 $13,504.65 $14,179.89 $14,888.88 $15,633.32 annual $154,338.90 $162,055.84 $170,158.63 $178,666.56 $187,599.89 20094 Director of Finance hourly $74.34 $78.06 $81.96 $86.06 $90.36 monthly $12,885.78 $13,530.07 $14,206.58 $14,916.90 $15,662.75 annual $154,629.39 $162,360.86 $170,478.91 $179,002.85 $187,952.99 Executive Management Page 2 of 19 Adopted: December 15, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 31011 Accounting Manager hourly $46.54 $48.86 $51.31 $53.87 $56.56 $59.39 $62.36 monthly $8,066.10 $8,469.40 $8,892.87 $9,337.52 $9,804.39 $10,294.61 $10,809.34 annual $96,793.19 $101,632.84 $106,714.49 $112,050.21 $117,652.72 $123,535.36 $129,712.13 31050 Chief Deputy City Clerk hourly $32.93 $34.57 $36.30 $38.12 $40.02 $42.02 $44.12 monthly $5,707.17 $5,992.52 $6,292.15 $6,606.76 $6,937.09 $7,283.95 $7,648.15 annual $68,485.98 $71,910.28 $75,505.80 $79,281.09 $83,245.14 $87,407.40 $91,777.77 31012 City Planner hourly $44.71 $46.94 $49.29 $51.75 $54.34 $57.06 $59.91 monthly $7,748.88 $8,136.32 $8,543.14 $8,970.30 $9,418.81 $9,889.75 $10,384.24 annual $92,986.55 $97,635.87 $102,517.67 $107,643.55 $113,025.73 $118,677.01 $124,610.86 31081 Housing Manager hourly $40.92 $42.96 $45.11 $47.37 $49.74 $52.22 $54.83 monthly $7,092.52 $7,447.14 $7,819.50 $8,210.48 $8,621.00 $9,052.05 $9,504.65 annual $85,110.23 $89,365.74 $93,834.03 $98,525.73 $103,452.01 $108,624.61 $114,055.85 31031 Human Resources/Risk Manager hourly $51.30 $53.87 $56.56 $59.39 $62.36 $65.48 $68.75 monthly $8,892.86 $9,337.50 $9,804.38 $10,294.60 $10,809.33 $11,349.79 $11,917.28 annual $106,714.32 $112,050.03 $117,652.54 $123,535.16 $129,711.92 $136,197.52 $143,007.39 Unclassified Management Page 3 of 19 Adopted: December 15, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 31041 Assistant Accounting Manager hourly $45.18 $47.44 $49.81 $52.30 $54.92 $57.66 $60.55 monthly $7,831.20 $8,222.76 $8,633.90 $9,065.60 $9,518.88 $9,994.82 $10,494.56 annual $93,974.44 $98,673.16 $103,606.82 $108,787.16 $114,226.51 $119,937.84 $125,934.73 31025 Building Official/Plan Check Supervisor hourly $45.35 $47.62 $50.00 $52.50 $55.12 $57.88 $60.77 monthly $7,860.67 $8,253.70 $8,666.39 $9,099.71 $9,554.69 $10,032.43 $10,534.05 annual $94,328.05 $99,044.45 $103,996.67 $109,196.51 $114,656.33 $120,389.15 $126,408.61 31010 Engineering Manager hourly $45.18 $47.43 $49.81 $52.30 $54.91 $57.66 $60.54 monthly $7,830.47 $8,221.99 $8,633.09 $9,064.75 $9,517.98 $9,993.88 $10,493.58 annual $93,965.62 $98,663.90 $103,597.10 $108,776.95 $114,215.80 $119,926.59 $125,922.92 31014 Public Works Maintenance Operations Manager hourly 37.83$ 39.72$ 41.71$ 43.80$ 45.99$ 48.28$ 50.70$ monthly 6,557.58$ 6,885.46$ 7,229.73$ 7,591.22$ 7,970.78$ 8,369.32$ 8,787.78$ annual 78,690.96$ 82,625.51$ 86,756.78$ 91,094.62$ 95,649.35$ 100,431.82$ 105,453.41$ Classified Management Employees Association (CMEA) Page 4 of 19 Adopted: December 15, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 70052 Executive Secretary hourly $23.38 $24.55 $25.78 $27.07 $28.42 $29.84 $31.33 monthly $4,052.74 $4,255.37 $4,468.14 $4,691.55 $4,926.13 $5,172.43 $5,431.05 annual $48,632.82 $51,064.47 $53,617.69 $56,298.57 $59,113.50 $62,069.18 $65,172.64 70027 Human Resources Analyst II hourly $30.80 $32.34 $33.95 $35.65 $37.43 $39.30 $41.27 monthly $5,337.90 $5,604.80 $5,885.04 $6,179.29 $6,488.26 $6,812.67 $7,153.30 annual $64,054.86 $67,257.60 $70,620.48 $74,151.50 $77,859.08 $81,752.03 $85,839.64 Human Resources Analyst I hourly $27.93 $29.33 $30.80 $32.34 $33.95 $35.65 $37.43 monthly $4,841.63 $5,083.72 $5,337.90 $5,604.80 $5,885.04 $6,179.29 $6,488.25 annual $58,099.61 $61,004.59 $64,054.82 $67,257.56 $70,620.44 $74,151.46 $77,859.03 70022 Human Resources Technician hourly $23.85 $25.04 $26.29 $27.61 $28.99 $30.44 $31.96 monthly $4,133.64 $4,340.32 $4,557.34 $4,785.21 $5,024.47 $5,275.69 $5,539.48 annual $49,603.70 $52,083.89 $54,688.08 $57,422.49 $60,293.61 $63,308.29 $66,473.70 Classified Confidential Employees Association (CCEA) Page 5 of 19 Adopted: December 15, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 80025 Accountant hourly $26.72 $28.05 $29.46 $30.93 $32.48 $34.10 $35.80 monthly $4,631.03 $4,862.59 $5,105.72 $5,361.00 $5,629.05 $5,910.50 $6,206.03 annual $55,572.42 $58,351.04 $61,268.59 $64,332.02 $67,548.62 $70,926.05 $74,472.35 42036 Administrative Clerk I hourly $14.31 $15.03 $15.78 $16.57 $17.39 $18.26 $19.18 monthly $2,480.50 $2,604.52 $2,734.75 $2,871.49 $3,015.06 $3,165.81 $3,324.10 annual $29,765.97 $31,254.26 $32,816.98 $34,457.83 $36,180.72 $37,989.75 $39,889.24 42037 Administrative Clerk II hourly $15.80 $16.59 $17.42 $18.29 $19.20 $20.16 $21.17 monthly $2,738.02 $2,874.92 $3,018.66 $3,169.60 $3,328.08 $3,494.48 $3,669.20 annual $32,856.20 $34,499.01 $36,223.96 $38,035.16 $39,936.92 $41,933.76 $44,030.45 80039 Assistant Planner hourly 27.30$ 28.67$ 30.10$ 31.60$ 33.18$ 34.84$ 36.58$ monthly 4,641.00$ 4,968.60$ 5,217.03$ 5,477.88$ 5,751.78$ 6,039.36$ 6,341.33$ annual 55,692.00$ 59,623.20$ 62,604.36$ 65,734.58$ 69,021.31$ 72,472.37$ 76,095.99$ 80040 Associate Engineer hourly $31.90 $33.50 $35.17 $36.93 $38.78 $40.72 $42.75 monthly $5,529.72 $5,806.20 $6,096.51 $6,401.34 $6,721.40 $7,057.47 $7,410.35 annual $66,356.59 $69,674.42 $73,158.14 $76,816.05 $80,656.85 $84,689.69 $88,924.18 80058 Associate Planner hourly $30.80 $32.34 $33.95 $35.65 $37.43 $39.30 $41.27 monthly $5,337.90 $5,604.80 $5,885.04 $6,179.29 $6,488.26 $6,812.67 $7,153.30 annual $64,054.86 $67,257.60 $70,620.48 $74,151.50 $77,859.08 $81,752.03 $85,839.64 80073 Building Inspector hourly $26.13 $27.44 $28.81 $30.25 $31.76 $33.35 $35.02 monthly $4,529.07 $4,755.52 $4,993.29 $5,242.96 $5,505.11 $5,780.36 $6,069.38 annual $54,348.78 $57,066.22 $59,919.53 $62,915.51 $66,061.28 $69,364.35 $72,832.57 80062 Building/Engineering Permit Technician hourly $18.91 $19.85 $20.85 $21.89 $22.98 $24.13 $25.34 monthly $3,277.26 $3,441.12 $3,613.18 $3,793.84 $3,983.53 $4,182.71 $4,391.84 annual $39,327.12 $41,293.48 $43,358.15 $45,526.06 $47,802.36 $50,192.48 $52,702.10 80033 Community Enhancement Officer hourly $22.53 $23.66 $24.84 $26.08 $27.39 $28.76 $30.19 monthly $3,905.35 $4,100.61 $4,305.64 $4,520.93 $4,746.97 $4,984.32 $5,233.54 annual $46,864.14 $49,207.35 $51,667.72 $54,251.11 $56,963.66 $59,811.84 $62,802.44 City Employees Association (CEA) Page 6 of 19 Adopted: December 15, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 80065 Community Enhancement Supervisor hourly $29.53 $31.01 $32.56 $34.19 $35.90 $37.69 $39.58 monthly $5,119.05 $5,375.01 $5,643.76 $5,925.94 $6,222.24 $6,533.35 $6,860.02 annual $61,428.64 $64,500.08 $67,725.08 $71,111.33 $74,666.90 $78,400.24 $82,320.26 80024 Community Services Supervisor hourly 32.93$ 34.58$ 36.31$ 38.13$ 40.03$ 42.03$ 44.13$ monthly 5,708.55$ 5,993.98$ 6,293.67$ 6,608.36$ 6,938.78$ 7,285.71$ 7,650.00$ annual 68,502.58$ 71,927.71$ 75,524.09$ 79,300.30$ 83,265.31$ 87,428.58$ 91,800.01$ Page 7 of 19 Adopted: December 15, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 42048 Construction Clerk hourly $17.44 $18.31 $19.22 $20.18 $21.19 $22.25 $23.37 monthly $3,022.29 $3,173.41 $3,332.08 $3,498.68 $3,673.61 $3,857.29 $4,050.16 annual $36,267.49 $38,080.86 $39,984.90 $41,984.15 $44,083.36 $46,287.53 $48,601.90 80077 Engineering Assistant hourly $25.44 $26.72 $28.05 $29.46 $30.93 $32.47 $34.10 monthly $4,410.36 $4,630.88 $4,862.42 $5,105.54 $5,360.82 $5,628.86 $5,910.30 annual $52,924.29 $55,570.51 $58,349.03 $61,266.48 $64,329.81 $67,546.30 $70,923.61 42045 Finance Clerk hourly $17.44 $18.32 $19.23 $20.19 $21.20 $22.26 $23.38 monthly $3,023.58 $3,174.75 $3,333.49 $3,500.17 $3,675.18 $3,858.93 $4,051.88 annual $36,282.91 $38,097.06 $40,001.91 $42,002.00 $44,102.10 $46,307.21 $48,622.57 80026 Housing Inspector hourly $22.53 $23.66 $24.84 $26.08 $27.39 $28.76 $30.19 monthly $3,905.35 $4,100.61 $4,305.64 $4,520.93 $4,746.97 $4,984.32 $5,233.54 annual $46,864.14 $49,207.35 $51,667.72 $54,251.11 $56,963.66 $59,811.84 $62,802.44 42050 Housing Specialist hourly $17.44 $18.31 $19.22 $20.18 $21.19 $22.25 $23.37 monthly $3,022.29 $3,173.41 $3,332.08 $3,498.68 $3,673.61 $3,857.29 $4,050.16 annual $36,267.49 $38,080.86 $39,984.90 $41,984.15 $44,083.36 $46,287.53 $48,601.90 42049 Housing Technician hourly $15.85 $16.64 $17.47 $18.35 $19.26 $20.23 $21.24 monthly $2,747.02 $2,884.37 $3,028.59 $3,180.02 $3,339.02 $3,505.98 $3,681.27 annual $32,964.28 $34,612.49 $36,343.12 $38,160.27 $40,068.29 $42,071.70 $44,175.29 42020 Imaging Specialist hourly $17.44 $18.32 $19.23 $20.19 $21.20 $22.26 $23.38 monthly $3,023.58 $3,174.75 $3,333.49 $3,500.17 $3,675.18 $3,858.93 $4,051.88 annual $36,282.91 $38,097.06 $40,001.91 $42,002.00 $44,102.10 $46,307.21 $48,622.57 80043 Information Systems Support Technician hourly $21.37 $22.44 $23.56 $24.74 $25.97 $27.27 $28.64 monthly $3,703.79 $3,888.98 $4,083.43 $4,287.60 $4,501.98 $4,727.08 $4,963.44 annual $44,445.52 $46,667.80 $49,001.19 $51,451.25 $54,023.81 $56,725.00 $59,561.25 80070 Information Systems Supervisor hourly $38.68 $40.62 $42.65 $44.78 $47.02 $49.37 $51.84 monthly $6,705.12 $7,040.38 $7,392.40 $7,762.02 $8,150.12 $8,557.62 $8,985.51 annual $80,461.48 $84,484.55 $88,708.78 $93,144.22 $97,801.43 $102,691.50 $107,826.07 City Employees Association (CEA) Page 8 of 19 Adopted: December 15, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 80037 Management Analyst hourly $27.59 $28.97 $30.42 $31.94 $33.54 $35.22 $36.98 monthly $4,783.00 $5,022.15 $5,273.26 $5,536.93 $5,813.77 $6,104.46 $6,409.68 annual $57,396.05 $60,265.86 $63,279.15 $66,443.11 $69,765.26 $73,253.52 $76,916.20 80069 Management Assistant hourly $25.72 $27.00 $28.35 $29.77 $31.26 $32.82 $34.46 monthly $4,457.32 $4,680.18 $4,914.19 $5,159.90 $5,417.90 $5,688.79 $5,973.23 annual $53,487.82 $56,162.21 $58,970.32 $61,918.84 $65,014.78 $68,265.52 $71,678.80 80052 Payroll Specialist hourly $22.42 $23.54 $24.72 $25.95 $27.25 $28.61 $30.04 monthly $3,885.89 $4,080.19 $4,284.20 $4,498.41 $4,723.33 $4,959.49 $5,207.47 annual $46,630.73 $48,962.26 $51,410.38 $53,980.90 $56,679.94 $59,513.94 $62,489.64 80051 Program Coordinator hourly $21.87 $22.96 $24.11 $25.31 $26.58 $27.91 $29.30 monthly $3,790.02 $3,979.53 $4,178.50 $4,387.43 $4,606.80 $4,837.14 $5,078.99 annual $45,480.29 $47,754.30 $50,142.02 $52,649.12 $55,281.58 $58,045.66 $60,947.94 80031 Program Supervisor hourly $27.60 $28.98 $30.43 $31.96 $33.55 $35.23 $36.99 monthly $4,784.71 $5,023.94 $5,275.14 $5,538.90 $5,815.84 $6,106.63 $6,411.97 annual $57,416.49 $60,287.32 $63,301.68 $66,466.77 $69,790.11 $73,279.61 $76,943.59 80081 Program Supervisor Y-Rated A hourly $37.59 monthly $6,514.91 annual $78,178.96 80019 Recreation & Community Operations Supervisor hourly $35.09 $36.85 $38.69 $40.62 $42.65 $44.79 $47.03 monthly $6,082.67 $6,386.80 $6,706.14 $7,041.45 $7,393.52 $7,763.20 $8,151.36 annual $72,992.02 $76,641.62 $80,473.70 $84,497.38 $88,722.25 $93,158.36 $97,816.28 80035 Senior Finance Clerk hourly $21.34 $22.41 $23.53 $24.71 $25.94 $27.24 $28.60 monthly $3,699.71 $3,884.70 $4,078.93 $4,282.88 $4,497.02 $4,721.88 $4,957.97 annual $44,396.56 $46,616.39 $48,947.21 $51,394.57 $53,964.30 $56,662.51 $59,495.64 42052 Senior Housing Specialist hourly $22.11 $23.21 $24.37 $25.59 $26.87 $28.21 $29.63 monthly $3,831.91 $4,023.50 $4,224.68 $4,435.91 $4,657.70 $4,890.59 $5,135.12 annual $45,982.86 $48,282.01 $50,696.11 $53,230.91 $55,892.46 $58,687.08 $61,621.44 City Employees Association (CEA) Page 9 of 19 Adopted: December 15, 2021 80041 Senior Planner hourly 36.10$ 37.91$ 39.80$ 41.80$ 43.88$ 46.08$ 48.38$ monthly 6,137.73$ 6,444.61$ 6,766.84$ 7,105.19$ 7,460.45$ 7,833.47$ 8,225.14$ annual 73,652.73$ 77,335.37$ 81,202.14$ 85,262.24$ 89,525.36$ 94,001.62$ 98,701.70$ Page 10 of 19 Adopted: December 15, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 40061 Equipment Mechanic hourly $21.22 $22.28 $23.40 $24.57 $25.80 $27.09 $28.44 monthly $3,678.50 $3,862.42 $4,055.54 $4,258.32 $4,471.24 $4,694.80 $4,929.54 annual $44,141.97 $46,349.07 $48,666.52 $51,099.85 $53,654.84 $56,337.58 $59,154.46 40054 Maintenance Worker I hourly $17.89 $18.78 $19.72 $20.71 $21.74 $22.83 $23.97 monthly $3,100.25 $3,255.26 $3,418.02 $3,588.93 $3,768.37 $3,956.79 $4,154.63 annual $37,202.99 $39,063.14 $41,016.30 $43,067.11 $45,220.47 $47,481.49 $49,855.57 40055 Maintenance Worker II hourly $19.67 $20.66 $21.69 $22.78 $23.92 $25.11 $26.37 monthly $3,410.33 $3,580.85 $3,759.89 $3,947.88 $4,145.28 $4,352.54 $4,570.17 annual $40,923.95 $42,970.15 $45,118.66 $47,374.59 $49,743.32 $52,230.48 $54,842.01 40053 Senior Equipment Mechanic hourly $23.34 $24.51 $25.74 $27.02 $28.38 $29.79 $31.28 monthly $4,046.33 $4,248.65 $4,461.08 $4,684.13 $4,918.34 $5,164.26 $5,422.47 annual $48,555.96 $50,983.76 $53,532.94 $56,209.59 $59,020.07 $61,971.07 $65,069.63 40060 Senior Maintenance Worker hourly $21.72 $22.80 $23.94 $25.14 $26.40 $27.72 $29.10 monthly $3,764.40 $3,952.62 $4,150.25 $4,357.77 $4,575.65 $4,804.44 $5,044.66 annual $45,172.82 $47,431.46 $49,803.04 $52,293.19 $54,907.85 $57,653.24 $60,535.90 Senior Maintenance Worker Y-Rated hourly $39.96 monthly $6,926.59 annual $83,119.02 40062 Street Sweeper Operator hourly $20.17 $21.18 $22.23 $23.35 $24.51 $25.74 $27.03 monthly $3,495.56 $3,670.34 $3,853.86 $4,046.55 $4,248.88 $4,461.32 $4,684.39 annual $41,946.72 $44,044.06 $46,246.26 $48,558.58 $50,986.51 $53,535.83 $56,212.62 SEIU Employees Page 11 of 19 Adopted: December 15, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 51047 Civilian Dispatcher hourly $23.76 $24.95 $26.20 $27.51 $28.88 monthly $4,118.86 $4,324.81 $4,541.05 $4,768.10 $5,006.50 annual $49,426.34 $51,897.66 $54,492.54 $57,217.17 $60,078.03 51064 Civilian Dispatcher Supervisor hourly $31.78 $33.37 $35.03 $36.79 $38.62 monthly $5,507.96 $5,783.36 $6,072.53 $6,376.15 $6,694.96 annual $66,095.51 $69,400.29 $72,870.30 $76,513.82 $80,339.51 51029 Community Service Officer hourly $24.33 $25.55 $26.83 $28.17 $29.58 monthly $4,218.02 $4,428.92 $4,650.36 $4,882.88 $5,127.03 annual $50,616.19 $53,147.00 $55,804.35 $58,594.57 $61,524.30 51041 Parking Enforcement Officer hourly $24.33 $25.55 $26.83 $28.17 $29.58 monthly $4,218.02 $4,428.92 $4,650.36 $4,882.88 $5,127.03 annual $50,616.19 $53,147.00 $55,804.35 $58,594.57 $61,524.30 50076 Police Officer hourly $37.08 $38.93 $40.88 $42.92 $45.07 monthly $6,426.98 $6,748.33 $7,085.74 $7,440.03 $7,812.03 annual $77,123.75 $80,979.94 $85,028.93 $89,280.38 $93,744.40 51039 Police Records Specialist I hourly $17.84 $18.73 $19.67 $20.65 $21.68 monthly $3,092.21 $3,246.82 $3,409.16 $3,579.62 $3,758.60 annual $37,106.54 $38,961.87 $40,909.96 $42,955.46 $45,103.23 51040 Police Records Specialist II hourly $19.69 $20.68 $21.71 $22.79 $23.93 monthly $3,413.04 $3,583.69 $3,762.88 $3,951.02 $4,148.57 annual $40,956.51 $43,004.33 $45,154.55 $47,412.28 $49,782.89 52085 Police Sergeant hourly $46.45 $48.78 $51.22 $53.78 $56.46 monthly $8,051.96 $8,454.56 $8,877.29 $9,321.15 $9,787.21 annual $96,623.54 $101,454.72 $106,527.45 $111,853.82 $117,446.52 51062 Police Technician hourly $25.16 $26.42 $27.74 $29.13 $30.58 monthly $4,361.13 $4,579.19 $4,808.15 $5,048.56 $5,300.98 annual $52,333.59 $54,950.27 $57,697.78 $60,582.67 $63,611.80 Police Officers Association (POA) Page 12 of 19 Adopted: December 15, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 51071 Public Safety Trainee hourly $27.67 monthly $4,796.02 annual $57,552.24 51065 Records Supervisor hourly $29.16 $30.62 $32.15 $33.75 $35.44 monthly $5,053.97 $5,306.67 $5,572.00 $5,850.60 $6,143.13 annual $60,647.61 $63,679.99 $66,863.99 $70,207.19 $73,717.55 Police Officers Association (POA) Page 13 of 19 Adopted: December 15, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 30090 Police Captain hourly $61.17 $64.22 $67.43 $70.81 $74.35 $78.06 $81.97 monthly $10,601.97 $11,132.07 $11,688.67 $12,273.11 $12,886.76 $13,531.10 $14,207.66 annual $127,223.66 $133,584.84 $140,264.09 $147,277.29 $154,641.16 $162,373.21 $170,491.87 30089 Police Lieutenant hourly $56.94 $59.79 $62.78 $65.91 $69.21 $72.67 $76.30 monthly $9,869.45 $10,362.92 $10,881.06 $11,425.12 $11,996.37 $12,596.19 $13,226.00 annual $118,433.34 $124,355.01 $130,572.76 $137,101.40 $143,956.47 $151,154.29 $158,712.01 Police Management Employees Association (PMEA) Page 14 of 19 Adopted: December 15, 2021 Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 PT1 Cashier hourly $13.00 $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 Youth Employment Participant hourly $13.00 $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 PT2 Recreation Leader I hourly $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 $14.93 Nutrition Assistant hourly $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 $14.93 Office Clerk I hourly $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 $14.93 PT3 hourly $13.53 $13.80 $14.07 $14.35 $14.64 $14.93 $15.23 PT4 Recreation Leader II hourly $13.80 $14.07 $14.35 $14.64 $14.93 $15.23 $15.54 Office Clerk II hourly $13.80 $14.07 $14.35 $14.64 $14.93 $15.23 $15.54 PT5 Intern hourly $14.07 $14.35 $14.64 $14.93 $15.23 $15.54 $15.85 Police Cadet hourly $14.07 $14.35 $14.64 $14.93 $15.23 $15.54 $15.85 PT6 Recreation Leader III hourly $14.35 $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 PT7 Department Assistant hourly $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 Computer Assistant hourly $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 Maintenance Assistant hourly $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 PT8 Recreation Leader IV hourly $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 $16.82 PT9 Maintenance Assistant II hourly $15.23 $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 PT10 Recreation Leader V hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 Assistant Boxing Coach hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 Fleet Assistant hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 Building Aide hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 PT11 Lifeguard hourly $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 $17.85 PT12 Water Safety Instructor hourly $16.16 $16.49 $16.82 $17.15 $17.50 $17.85 $18.20 PT13 Fleet Assistant II hourly $16.49 $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 Range Part-Time Employees Page 15 of 19 Adopted: December 15, 2021 PT14 Swim Coach hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Police Specialist hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Computer Specialist hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Program Specialist I hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Housing Specialist I hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 PT15 hourly $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 PT16 Head Lifeguard hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 Planning Technician hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 Community Enhancement Technician hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 Parking Enforcement Officer hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 PT17 Program Specialist II hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 Housing Specialist II hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 Rehabilitation Housing Specialist hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 PT18 Head Boxing Coach hourly $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 PT19 Human Resources Generalist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Finance Generalist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Housing Generalist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Aquatic Manager hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 PT20 Domestic Violence Advocate hourly $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 $21.33 PT21 hourly $19.32 $19.70 $20.10 $20.50 $20.91 $21.33 $21.75 PT22 hourly $19.70 $20.10 $20.50 $20.91 $21.33 $21.75 $22.19 PT23 hourly $20.10 $20.50 $20.91 $21.33 $21.75 $22.19 $22.63 PT24 hourly $20.50 $20.91 $21.33 $21.75 $22.19 $22.63 $23.09 PT25 Sign Language Interpreter hourly $20.91 $21.33 $21.75 $22.19 $22.63 $23.09 $23.55 PT26 hourly $21.33 $21.75 $22.19 $22.63 $23.09 $23.55 $24.02 Part-Time Employees Page 16 of 19 Adopted: December 15, 2021 PT27 hourly $21.75 $22.19 $22.63 $23.09 $23.55 $24.02 $24.50 PT28 hourly $22.19 $22.63 $23.09 $23.55 $24.02 $24.50 $24.99 PT29 Civilian Dispatcher hourly $22.63 $23.09 $23.55 $24.02 $24.50 $24.99 $25.49 PT30 Reserve Police Officer hourly $23.09 $23.55 $24.02 $24.50 $24.99 $25.49 $26.00 Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 PT1 Cashier hourly $13.00 $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 Youth Employment Participant hourly $13.00 $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 PT2 Recreation Leader I hourly $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 $14.93 Nutrition Assistant hourly $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 $14.93 Office Clerk I hourly $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 $14.93 PT3 hourly $13.53 $13.80 $14.07 $14.35 $14.64 $14.93 $15.23 PT4 Recreation Leader II hourly $13.80 $14.07 $14.35 $14.64 $14.93 $15.23 $15.54 Office Clerk II hourly $13.80 $14.07 $14.35 $14.64 $14.93 $15.23 $15.54 PT5 Intern hourly $14.07 $14.35 $14.64 $14.93 $15.23 $15.54 $15.85 Police Cadet hourly $14.07 $14.35 $14.64 $14.93 $15.23 $15.54 $15.85 PT6 Recreation Leader III hourly $14.35 $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 PT7 Department Assistant hourly $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 Computer Assistant hourly $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 Maintenance Assistant hourly $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 PT8 Recreation Leader IV hourly $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 $16.82 PT9 Maintenance Assistant II hourly $15.23 $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 PT10 Recreation Leader V hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 Assistant Boxing Coach hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 Fleet Assistant hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 Building Aide hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 CITY OF BALDWIN PARK Part-Time Employees Range Page 17 of 19 Adopted: December 15, 2021 PT11 Lifeguard hourly $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 $17.85 PT12 Water Safety Instructor hourly $16.16 $16.49 $16.82 $17.15 $17.50 $17.85 $18.20 PT13 Fleet Assistant II hourly $16.49 $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 PT14 Swim Coach hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Police Specialist hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Computer Specialist hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Program Specialist I hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Housing Specialist I hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 PT15 hourly $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 PT16 Head Lifeguard hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 Planning Technician hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 Community Enhancement Technician hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 Parking Enforcement Officer hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 PT17 Program Specialist II hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 Housing Specialist II hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 Rehabilitation Housing Specialist hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 PT18 Head Boxing Coach hourly $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 PT19 Human Resources Generalist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Finance Generalist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Housing Generalist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Aquatic Manager hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 PT20 Domestic Violence Advocate hourly $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 $21.33 PT21 hourly $19.32 $19.70 $20.10 $20.50 $20.91 $21.33 $21.75 PT22 hourly $19.70 $20.10 $20.50 $20.91 $21.33 $21.75 $22.19 PT23 hourly $20.10 $20.50 $20.91 $21.33 $21.75 $22.19 $22.63 PT24 hourly $20.50 $20.91 $21.33 $21.75 $22.19 $22.63 $23.09 Page 18 of 19 Adopted: December 15, 2021 PT25 Sign Language Interpreter hourly $20.91 $21.33 $21.75 $22.19 $22.63 $23.09 $23.55 PT26 hourly $21.33 $21.75 $22.19 $22.63 $23.09 $23.55 $24.02 PT27 hourly $21.75 $22.19 $22.63 $23.09 $23.55 $24.02 $24.50 PT28 hourly $22.19 $22.63 $23.09 $23.55 $24.02 $24.50 $24.99 PT29 Civilian Dispatcher hourly $22.63 $23.09 $23.55 $24.02 $24.50 $24.99 $25.49 PT30 Reserve Police Officer hourly $23.09 $23.55 $24.02 $24.50 $24.99 $25.49 $26.00 Page 19 of 19 Adopted: December 15, 2021 CITY OF BALDWIN PARK Pay Schedule CA Code of Regulations (CCR 570.5) Effective December 26, 2021 *New position titles and salary adjustments made per the MOU approval by City Council Job Number Title Annual Fixed Rate 60006 Mayor $7,200.00 60008 City Council $7,200.00 60001 City Clerk (Non-Certified)$2,400.00 60002 City Treasurer $2,400.00 10005 City Commissioner (Per Meeting)$50.00 Housing Authority (Per Meeting)$30.00 Elected Officials Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 20001 Chief Executive Officer hourly 101.16$ 106.22$ 111.53$ 117.11$ 122.96$ monthly 17,534.51$ 18,411.23$ 19,331.80$ 20,298.39$ 21,313.31$ annual 210,414.11$ 220,934.82$ 231,981.55$ 243,580.63$ 255,759.67$ 20096 Chief of Police hourly $98.22 $103.13 $108.29 $113.70 $119.39 monthly $17,024.64 $17,875.87 $18,769.67 $19,708.15 $20,693.56 annual $204,295.68 $214,510.46 $225,235.98 $236,497.78 $248,322.67 20096-A Interim Chief of Police hourly $90.16 monthly $15,627.92 annual $187,535.02 20097 Director of Community Development hourly $67.46 $70.83 $74.37 $78.09 $81.99 monthly $11,692.34 $12,276.96 $12,890.81 $13,535.35 $14,212.11 annual $140,308.09 $147,323.49 $154,689.67 $162,424.15 $170,545.36 20037 Director of Public Works hourly $70.83 $74.37 $78.09 $81.99 $86.09 monthly $12,276.96 $12,890.81 $13,535.35 $14,212.11 $14,922.72 annual $147,323.49 $154,689.66 $162,424.14 $170,545.35 $179,072.62 20092 Director of Recreation & Community Services hourly $74.20 $77.91 $81.81 $85.90 $90.19 monthly $12,861.57 $13,504.65 $14,179.89 $14,888.88 $15,633.32 annual $154,338.90 $162,055.84 $170,158.63 $178,666.56 $187,599.89 20094 Director of Finance hourly $74.34 $78.06 $81.96 $86.06 $90.36 monthly $12,885.78 $13,530.07 $14,206.58 $14,916.90 $15,662.75 annual $154,629.39 $162,360.86 $170,478.91 $179,002.85 $187,952.99 Executive Management Page 2 of 19 Adopted: December 15, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 31011 Accounting Manager hourly $46.54 $48.86 $51.31 $53.87 $56.56 $59.39 $62.36 monthly $8,066.10 $8,469.40 $8,892.87 $9,337.52 $9,804.39 $10,294.61 $10,809.34 annual $96,793.19 $101,632.84 $106,714.49 $112,050.21 $117,652.72 $123,535.36 $129,712.13 31050 Chief Deputy City Clerk hourly $32.93 $34.57 $36.30 $38.12 $40.02 $42.02 $44.12 monthly $5,707.17 $5,992.52 $6,292.15 $6,606.76 $6,937.09 $7,283.95 $7,648.15 annual $68,485.98 $71,910.28 $75,505.80 $79,281.09 $83,245.14 $87,407.40 $91,777.77 31012 City Planner hourly $44.71 $46.94 $49.29 $51.75 $54.34 $57.06 $59.91 monthly $7,748.88 $8,136.32 $8,543.14 $8,970.30 $9,418.81 $9,889.75 $10,384.24 annual $92,986.55 $97,635.87 $102,517.67 $107,643.55 $113,025.73 $118,677.01 $124,610.86 31081 Housing Manager hourly $40.92 $42.96 $45.11 $47.37 $49.74 $52.22 $54.83 monthly $7,092.52 $7,447.14 $7,819.50 $8,210.48 $8,621.00 $9,052.05 $9,504.65 annual $85,110.23 $89,365.74 $93,834.03 $98,525.73 $103,452.01 $108,624.61 $114,055.85 31031 Human Resources/Risk Manager hourly $51.30 $53.87 $56.56 $59.39 $62.36 $65.48 $68.75 monthly $8,892.86 $9,337.50 $9,804.38 $10,294.60 $10,809.33 $11,349.79 $11,917.28 annual $106,714.32 $112,050.03 $117,652.54 $123,535.16 $129,711.92 $136,197.52 $143,007.39 Unclassified Management Page 3 of 19 Adopted: December 15, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 31041 Assistant Accounting Manager hourly $45.18 $47.44 $49.81 $52.30 $54.92 $57.66 $60.55 monthly $7,831.20 $8,222.76 $8,633.90 $9,065.60 $9,518.88 $9,994.82 $10,494.56 annual $93,974.44 $98,673.16 $103,606.82 $108,787.16 $114,226.51 $119,937.84 $125,934.73 31025 Building Official/Plan Check Supervisor hourly $45.35 $47.62 $50.00 $52.50 $55.12 $57.88 $60.77 monthly $7,860.67 $8,253.70 $8,666.39 $9,099.71 $9,554.69 $10,032.43 $10,534.05 annual $94,328.05 $99,044.45 $103,996.67 $109,196.51 $114,656.33 $120,389.15 $126,408.61 31010 Engineering Manager hourly $45.18 $47.43 $49.81 $52.30 $54.91 $57.66 $60.54 monthly $7,830.47 $8,221.99 $8,633.09 $9,064.75 $9,517.98 $9,993.88 $10,493.58 annual $93,965.62 $98,663.90 $103,597.10 $108,776.95 $114,215.80 $119,926.59 $125,922.92 31014 Public Works Maintenance Operations Manager hourly $43.91 $46.11 $48.41 $50.83 $53.38 $56.04 $58.85 monthly $7,611.40 $7,991.97 $8,391.57 $8,811.15 $9,251.71 $9,714.29 $10,200.01 annual $91,336.84 $95,903.68 $100,698.86 $105,733.81 $111,020.50 $116,571.52 $122,400.10 80070 Information Systems (IT) Manager hourly $43.91 $46.11 $48.41 $50.83 $53.38 $56.04 $58.85 monthly $7,611.40 $7,991.97 $8,391.57 $8,811.15 $9,251.71 $9,714.29 $10,200.01 annual $91,336.84 $95,903.68 $100,698.86 $105,733.81 $111,020.50 $116,571.52 $122,400.10 80019 Recreation & Community Services Manager hourly $43.91 $46.11 $48.41 $50.83 $53.38 $56.04 $58.85 monthly $7,611.40 $7,991.97 $8,391.57 $8,811.15 $9,251.71 $9,714.29 $10,200.01 annual $91,336.84 $95,903.68 $100,698.86 $105,733.81 $111,020.50 $116,571.52 $122,400.10 Classified Management Employees Association (CMEA) Page 4 of 19 Adopted: December 15, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 70052 Executive Secretary hourly $23.38 $24.55 $25.78 $27.07 $28.42 $29.84 $31.33 monthly $4,052.74 $4,255.37 $4,468.14 $4,691.55 $4,926.13 $5,172.43 $5,431.05 annual $48,632.82 $51,064.47 $53,617.69 $56,298.57 $59,113.50 $62,069.18 $65,172.64 70027 Human Resources Analyst II hourly $30.80 $32.34 $33.95 $35.65 $37.43 $39.30 $41.27 monthly $5,337.90 $5,604.80 $5,885.04 $6,179.29 $6,488.26 $6,812.67 $7,153.30 annual $64,054.86 $67,257.60 $70,620.48 $74,151.50 $77,859.08 $81,752.03 $85,839.64 Human Resources Analyst I hourly $27.93 $29.33 $30.80 $32.34 $33.95 $35.65 $37.43 monthly $4,841.63 $5,083.72 $5,337.90 $5,604.80 $5,885.04 $6,179.29 $6,488.25 annual $58,099.61 $61,004.59 $64,054.82 $67,257.56 $70,620.44 $74,151.46 $77,859.03 70022 Human Resources Technician hourly $23.85 $25.04 $26.29 $27.61 $28.99 $30.44 $31.96 monthly $4,133.64 $4,340.32 $4,557.34 $4,785.21 $5,024.47 $5,275.69 $5,539.48 annual $49,603.70 $52,083.89 $54,688.08 $57,422.49 $60,293.61 $63,308.29 $66,473.70 Classified Confidential Employees Association (CCEA) Page 5 of 19 Adopted: December 15, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 80025 Accountant hourly $26.72 $28.05 $29.46 $30.93 $32.48 $34.10 $35.80 monthly $4,631.03 $4,862.59 $5,105.72 $5,361.00 $5,629.05 $5,910.50 $6,206.03 annual $55,572.42 $58,351.04 $61,268.59 $64,332.02 $67,548.62 $70,926.05 $74,472.35 42036 Administrative Clerk I hourly $14.31 $15.03 $15.78 $16.57 $17.39 $18.26 $19.18 monthly $2,480.50 $2,604.52 $2,734.75 $2,871.49 $3,015.06 $3,165.81 $3,324.10 annual $29,765.97 $31,254.26 $32,816.98 $34,457.83 $36,180.72 $37,989.75 $39,889.24 42037 Administrative Clerk II hourly $15.80 $16.59 $17.42 $18.29 $19.20 $20.16 $21.17 monthly $2,738.02 $2,874.92 $3,018.66 $3,169.60 $3,328.08 $3,494.48 $3,669.20 annual $32,856.20 $34,499.01 $36,223.96 $38,035.16 $39,936.92 $41,933.76 $44,030.45 80039 Assistant Planner hourly 27.30$ 28.67$ 30.10$ 31.60$ 33.18$ 34.84$ 36.58$ monthly 4,641.00$ 4,968.60$ 5,217.03$ 5,477.88$ 5,751.78$ 6,039.36$ 6,341.33$ annual 55,692.00$ 59,623.20$ 62,604.36$ 65,734.58$ 69,021.31$ 72,472.37$ 76,095.99$ 80040 Associate Engineer hourly $31.90 $33.50 $35.17 $36.93 $38.78 $40.72 $42.75 monthly $5,529.72 $5,806.20 $6,096.51 $6,401.34 $6,721.40 $7,057.47 $7,410.35 annual $66,356.59 $69,674.42 $73,158.14 $76,816.05 $80,656.85 $84,689.69 $88,924.18 80058 Associate Planner hourly $30.80 $32.34 $33.95 $35.65 $37.43 $39.30 $41.27 monthly $5,337.90 $5,604.80 $5,885.04 $6,179.29 $6,488.26 $6,812.67 $7,153.30 annual $64,054.86 $67,257.60 $70,620.48 $74,151.50 $77,859.08 $81,752.03 $85,839.64 80073 Building Inspector hourly $26.13 $27.44 $28.81 $30.25 $31.76 $33.35 $35.02 monthly $4,529.07 $4,755.52 $4,993.29 $5,242.96 $5,505.11 $5,780.36 $6,069.38 annual $54,348.78 $57,066.22 $59,919.53 $62,915.51 $66,061.28 $69,364.35 $72,832.57 80062 Building/Engineering Permit Technician hourly $18.91 $19.85 $20.85 $21.89 $22.98 $24.13 $25.34 monthly $3,277.26 $3,441.12 $3,613.18 $3,793.84 $3,983.53 $4,182.71 $4,391.84 annual $39,327.12 $41,293.48 $43,358.15 $45,526.06 $47,802.36 $50,192.48 $52,702.10 80033 Community Enhancement Officer hourly $22.53 $23.66 $24.84 $26.08 $27.39 $28.76 $30.19 monthly $3,905.35 $4,100.61 $4,305.64 $4,520.93 $4,746.97 $4,984.32 $5,233.54 annual $46,864.14 $49,207.35 $51,667.72 $54,251.11 $56,963.66 $59,811.84 $62,802.44 City Employees Association (CEA) Page 6 of 19 Adopted: December 15, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 80065 Community Enhancement Supervisor hourly $29.53 $31.01 $32.56 $34.19 $35.90 $37.69 $39.58 monthly $5,119.05 $5,375.01 $5,643.76 $5,925.94 $6,222.24 $6,533.35 $6,860.02 annual $61,428.64 $64,500.08 $67,725.08 $71,111.33 $74,666.90 $78,400.24 $82,320.26 80024 Community Services Supervisor hourly 32.93$ 34.58$ 36.31$ 38.13$ 40.03$ 42.03$ 44.13$ monthly 5,708.55$ 5,993.98$ 6,293.67$ 6,608.36$ 6,938.78$ 7,285.71$ 7,650.00$ annual 68,502.58$ 71,927.71$ 75,524.09$ 79,300.30$ 83,265.31$ 87,428.58$ 91,800.01$ Page 7 of 19 Adopted: December 15, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 42048 Construction Clerk hourly $17.44 $18.31 $19.22 $20.18 $21.19 $22.25 $23.37 monthly $3,022.29 $3,173.41 $3,332.08 $3,498.68 $3,673.61 $3,857.29 $4,050.16 annual $36,267.49 $38,080.86 $39,984.90 $41,984.15 $44,083.36 $46,287.53 $48,601.90 80077 Engineering Assistant hourly $25.44 $26.72 $28.05 $29.46 $30.93 $32.47 $34.10 monthly $4,410.36 $4,630.88 $4,862.42 $5,105.54 $5,360.82 $5,628.86 $5,910.30 annual $52,924.29 $55,570.51 $58,349.03 $61,266.48 $64,329.81 $67,546.30 $70,923.61 42045 Finance Clerk hourly $17.44 $18.32 $19.23 $20.19 $21.20 $22.26 $23.38 monthly $3,023.58 $3,174.75 $3,333.49 $3,500.17 $3,675.18 $3,858.93 $4,051.88 annual $36,282.91 $38,097.06 $40,001.91 $42,002.00 $44,102.10 $46,307.21 $48,622.57 80026 Housing Inspector hourly $22.53 $23.66 $24.84 $26.08 $27.39 $28.76 $30.19 monthly $3,905.35 $4,100.61 $4,305.64 $4,520.93 $4,746.97 $4,984.32 $5,233.54 annual $46,864.14 $49,207.35 $51,667.72 $54,251.11 $56,963.66 $59,811.84 $62,802.44 42050 Housing Specialist hourly $17.44 $18.31 $19.22 $20.18 $21.19 $22.25 $23.37 monthly $3,022.29 $3,173.41 $3,332.08 $3,498.68 $3,673.61 $3,857.29 $4,050.16 annual $36,267.49 $38,080.86 $39,984.90 $41,984.15 $44,083.36 $46,287.53 $48,601.90 42049 Housing Technician hourly $15.85 $16.64 $17.47 $18.35 $19.26 $20.23 $21.24 monthly $2,747.02 $2,884.37 $3,028.59 $3,180.02 $3,339.02 $3,505.98 $3,681.27 annual $32,964.28 $34,612.49 $36,343.12 $38,160.27 $40,068.29 $42,071.70 $44,175.29 42020 Imaging Specialist hourly $17.44 $18.32 $19.23 $20.19 $21.20 $22.26 $23.38 monthly $3,023.58 $3,174.75 $3,333.49 $3,500.17 $3,675.18 $3,858.93 $4,051.88 annual $36,282.91 $38,097.06 $40,001.91 $42,002.00 $44,102.10 $46,307.21 $48,622.57 80043 Information Systems Support Technician hourly $21.37 $22.44 $23.56 $24.74 $25.97 $27.27 $28.64 monthly $3,703.79 $3,888.98 $4,083.43 $4,287.60 $4,501.98 $4,727.08 $4,963.44 annual $44,445.52 $46,667.80 $49,001.19 $51,451.25 $54,023.81 $56,725.00 $59,561.25 City Employees Association (CEA) Page 8 of 19 Adopted: December 15, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 80037 Management Analyst hourly $27.59 $28.97 $30.42 $31.94 $33.54 $35.22 $36.98 monthly $4,783.00 $5,022.15 $5,273.26 $5,536.93 $5,813.77 $6,104.46 $6,409.68 annual $57,396.05 $60,265.86 $63,279.15 $66,443.11 $69,765.26 $73,253.52 $76,916.20 80069 Management Assistant hourly $25.72 $27.00 $28.35 $29.77 $31.26 $32.82 $34.46 monthly $4,457.32 $4,680.18 $4,914.19 $5,159.90 $5,417.90 $5,688.79 $5,973.23 annual $53,487.82 $56,162.21 $58,970.32 $61,918.84 $65,014.78 $68,265.52 $71,678.80 80052 Payroll Specialist hourly $22.42 $23.54 $24.72 $25.95 $27.25 $28.61 $30.04 monthly $3,885.89 $4,080.19 $4,284.20 $4,498.41 $4,723.33 $4,959.49 $5,207.47 annual $46,630.73 $48,962.26 $51,410.38 $53,980.90 $56,679.94 $59,513.94 $62,489.64 80051 Program Coordinator hourly $21.87 $22.96 $24.11 $25.31 $26.58 $27.91 $29.30 monthly $3,790.02 $3,979.53 $4,178.50 $4,387.43 $4,606.80 $4,837.14 $5,078.99 annual $45,480.29 $47,754.30 $50,142.02 $52,649.12 $55,281.58 $58,045.66 $60,947.94 80031 Program Supervisor hourly $27.60 $28.98 $30.43 $31.96 $33.55 $35.23 $36.99 monthly $4,784.71 $5,023.94 $5,275.14 $5,538.90 $5,815.84 $6,106.63 $6,411.97 annual $57,416.49 $60,287.32 $63,301.68 $66,466.77 $69,790.11 $73,279.61 $76,943.59 80081 Program Supervisor Y-Rated A hourly $37.59 monthly $6,514.91 annual $78,178.96 80035 Senior Finance Clerk hourly $21.34 $22.41 $23.53 $24.71 $25.94 $27.24 $28.60 monthly $3,699.71 $3,884.70 $4,078.93 $4,282.88 $4,497.02 $4,721.88 $4,957.97 annual $44,396.56 $46,616.39 $48,947.21 $51,394.57 $53,964.30 $56,662.51 $59,495.64 42052 Senior Housing Specialist hourly $22.11 $23.21 $24.37 $25.59 $26.87 $28.21 $29.63 monthly $3,831.91 $4,023.50 $4,224.68 $4,435.91 $4,657.70 $4,890.59 $5,135.12 annual $45,982.86 $48,282.01 $50,696.11 $53,230.91 $55,892.46 $58,687.08 $61,621.44 80041 Senior Planner hourly 36.10$ 37.91$ 39.80$ 41.80$ 43.88$ 46.08$ 48.38$ monthly 6,137.73$ 6,444.61$ 6,766.84$ 7,105.19$ 7,460.45$ 7,833.47$ 8,225.14$ annual 73,652.73$ 77,335.37$ 81,202.14$ 85,262.24$ 89,525.36$ 94,001.62$ 98,701.70$ City Employees Association (CEA) Page 9 of 19 Adopted: December 15, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 40061 Equipment Mechanic hourly $21.22 $22.28 $23.40 $24.57 $25.80 $27.09 $28.44 monthly $3,678.50 $3,862.42 $4,055.54 $4,258.32 $4,471.24 $4,694.80 $4,929.54 annual $44,141.97 $46,349.07 $48,666.52 $51,099.85 $53,654.84 $56,337.58 $59,154.46 40054 Maintenance Worker I hourly $17.89 $18.78 $19.72 $20.71 $21.74 $22.83 $23.97 monthly $3,100.25 $3,255.26 $3,418.02 $3,588.93 $3,768.37 $3,956.79 $4,154.63 annual $37,202.99 $39,063.14 $41,016.30 $43,067.11 $45,220.47 $47,481.49 $49,855.57 40055 Maintenance Worker II hourly $19.67 $20.66 $21.69 $22.78 $23.92 $25.11 $26.37 monthly $3,410.33 $3,580.85 $3,759.89 $3,947.88 $4,145.28 $4,352.54 $4,570.17 annual $40,923.95 $42,970.15 $45,118.66 $47,374.59 $49,743.32 $52,230.48 $54,842.01 40053 Senior Equipment Mechanic hourly $23.34 $24.51 $25.74 $27.02 $28.38 $29.79 $31.28 monthly $4,046.33 $4,248.65 $4,461.08 $4,684.13 $4,918.34 $5,164.26 $5,422.47 annual $48,555.96 $50,983.76 $53,532.94 $56,209.59 $59,020.07 $61,971.07 $65,069.63 40060 Senior Maintenance Worker hourly $21.72 $22.80 $23.94 $25.14 $26.40 $27.72 $29.10 monthly $3,764.40 $3,952.62 $4,150.25 $4,357.77 $4,575.65 $4,804.44 $5,044.66 annual $45,172.82 $47,431.46 $49,803.04 $52,293.19 $54,907.85 $57,653.24 $60,535.90 Senior Maintenance Worker Y-Rated hourly $39.96 monthly $6,926.59 annual $83,119.02 40062 Street Sweeper Operator hourly $20.17 $21.18 $22.23 $23.35 $24.51 $25.74 $27.03 monthly $3,495.56 $3,670.34 $3,853.86 $4,046.55 $4,248.88 $4,461.32 $4,684.39 annual $41,946.72 $44,044.06 $46,246.26 $48,558.58 $50,986.51 $53,535.83 $56,212.62 SEIU Employees Page 10 of 19 Adopted: December 15, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 51047 Civilian Dispatcher hourly $23.76 $24.95 $26.20 $27.51 $28.88 monthly $4,118.86 $4,324.81 $4,541.05 $4,768.10 $5,006.50 annual $49,426.34 $51,897.66 $54,492.54 $57,217.17 $60,078.03 51064 Civilian Dispatcher Supervisor hourly $31.78 $33.37 $35.03 $36.79 $38.62 monthly $5,507.96 $5,783.36 $6,072.53 $6,376.15 $6,694.96 annual $66,095.51 $69,400.29 $72,870.30 $76,513.82 $80,339.51 51029 Community Service Officer hourly $24.33 $25.55 $26.83 $28.17 $29.58 monthly $4,218.02 $4,428.92 $4,650.36 $4,882.88 $5,127.03 annual $50,616.19 $53,147.00 $55,804.35 $58,594.57 $61,524.30 51041 Parking Enforcement Officer hourly $24.33 $25.55 $26.83 $28.17 $29.58 monthly $4,218.02 $4,428.92 $4,650.36 $4,882.88 $5,127.03 annual $50,616.19 $53,147.00 $55,804.35 $58,594.57 $61,524.30 50076 Police Officer hourly $37.08 $38.93 $40.88 $42.92 $45.07 monthly $6,426.98 $6,748.33 $7,085.74 $7,440.03 $7,812.03 annual $77,123.75 $80,979.94 $85,028.93 $89,280.38 $93,744.40 51039 Police Records Specialist I hourly $17.84 $18.73 $19.67 $20.65 $21.68 monthly $3,092.21 $3,246.82 $3,409.16 $3,579.62 $3,758.60 annual $37,106.54 $38,961.87 $40,909.96 $42,955.46 $45,103.23 51040 Police Records Specialist II hourly $19.69 $20.68 $21.71 $22.79 $23.93 monthly $3,413.04 $3,583.69 $3,762.88 $3,951.02 $4,148.57 annual $40,956.51 $43,004.33 $45,154.55 $47,412.28 $49,782.89 52085 Police Sergeant hourly $46.45 $48.78 $51.22 $53.78 $56.46 monthly $8,051.96 $8,454.56 $8,877.29 $9,321.15 $9,787.21 annual $96,623.54 $101,454.72 $106,527.45 $111,853.82 $117,446.52 51062 Police Technician hourly $25.16 $26.42 $27.74 $29.13 $30.58 monthly $4,361.13 $4,579.19 $4,808.15 $5,048.56 $5,300.98 annual $52,333.59 $54,950.27 $57,697.78 $60,582.67 $63,611.80 Police Officers Association (POA) Page 11 of 19 Adopted: December 15, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 51071 Public Safety Trainee hourly $27.67 monthly $4,796.02 annual $57,552.24 51065 Records Supervisor hourly $29.16 $30.62 $32.15 $33.75 $35.44 monthly $5,053.97 $5,306.67 $5,572.00 $5,850.60 $6,143.13 annual $60,647.61 $63,679.99 $66,863.99 $70,207.19 $73,717.55 Police Officers Association (POA) Page 12 of 19 Adopted: December 15, 2021 Job Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 30090 Police Captain hourly $64.04 $67.24 $70.60 $74.13 $77.84 $81.73 $85.82 monthly $11,099.96 $11,654.95 $12,237.70 $12,849.59 $13,492.07 $14,166.67 $14,875.00 annual $133,199.47 $139,859.45 $146,852.42 $154,195.04 $161,904.79 $170,000.03 $178,500.03 30089 Police Lieutenant hourly $56.94 $59.79 $62.78 $65.91 $69.21 $72.67 $76.30 monthly $9,869.45 $10,362.92 $10,881.06 $11,425.12 $11,996.37 $12,596.19 $13,226.00 annual $118,433.34 $124,355.01 $130,572.76 $137,101.40 $143,956.47 $151,154.29 $158,712.01 Police Management Employees Association (PMEA) Page 13 of 19 Adopted: December 15, 2021 Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 PT1 Cashier hourly $13.00 $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 Youth Employment Participant hourly $13.00 $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 PT2 Recreation Leader I hourly $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 $14.93 Nutrition Assistant hourly $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 $14.93 Office Clerk I hourly $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 $14.93 PT3 hourly $13.53 $13.80 $14.07 $14.35 $14.64 $14.93 $15.23 PT4 Recreation Leader II hourly $13.80 $14.07 $14.35 $14.64 $14.93 $15.23 $15.54 Office Clerk II hourly $13.80 $14.07 $14.35 $14.64 $14.93 $15.23 $15.54 PT5 Intern hourly $14.07 $14.35 $14.64 $14.93 $15.23 $15.54 $15.85 Police Cadet hourly $14.07 $14.35 $14.64 $14.93 $15.23 $15.54 $15.85 PT6 Recreation Leader III hourly $14.35 $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 PT7 Department Assistant hourly $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 Computer Assistant hourly $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 Maintenance Assistant hourly $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 PT8 Recreation Leader IV hourly $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 $16.82 PT9 Maintenance Assistant II hourly $15.23 $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 PT10 Recreation Leader V hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 Assistant Boxing Coach hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 Fleet Assistant hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 Building Aide hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 PT11 Lifeguard hourly $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 $17.85 PT12 Water Safety Instructor hourly $16.16 $16.49 $16.82 $17.15 $17.50 $17.85 $18.20 PT13 Fleet Assistant II hourly $16.49 $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 Range Part-Time Employees Page 14 of 19 Adopted: December 15, 2021 PT14 Swim Coach hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Police Specialist hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Computer Specialist hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Program Specialist I hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Housing Specialist I hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 PT15 hourly $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 PT16 Head Lifeguard hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 Planning Technician hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 Community Enhancement Technician hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 Parking Enforcement Officer hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 PT17 Program Specialist II hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 Housing Specialist II hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 Rehabilitation Housing Specialist hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 PT18 Head Boxing Coach hourly $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 PT19 Human Resources Generalist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Finance Generalist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Housing Generalist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Aquatic Manager hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 PT20 Domestic Violence Advocate hourly $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 $21.33 PT21 hourly $19.32 $19.70 $20.10 $20.50 $20.91 $21.33 $21.75 PT22 hourly $19.70 $20.10 $20.50 $20.91 $21.33 $21.75 $22.19 PT23 hourly $20.10 $20.50 $20.91 $21.33 $21.75 $22.19 $22.63 PT24 hourly $20.50 $20.91 $21.33 $21.75 $22.19 $22.63 $23.09 PT25 Sign Language Interpreter hourly $20.91 $21.33 $21.75 $22.19 $22.63 $23.09 $23.55 PT26 hourly $21.33 $21.75 $22.19 $22.63 $23.09 $23.55 $24.02 PT27 hourly $21.75 $22.19 $22.63 $23.09 $23.55 $24.02 $24.50 Part-Time Employees Page 15 of 19 Adopted: December 15, 2021 PT28 hourly $22.19 $22.63 $23.09 $23.55 $24.02 $24.50 $24.99 Page 16 of 19 Adopted: December 15, 2021 PT29 Civilian Dispatcher hourly $22.63 $23.09 $23.55 $24.02 $24.50 $24.99 $25.49 PT30 Reserve Police Officer hourly $23.09 $23.55 $24.02 $24.50 $24.99 $25.49 $26.00 Number Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 PT1 Cashier hourly $13.00 $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 Youth Employment Participant hourly $13.00 $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 PT2 Recreation Leader I hourly $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 $14.93 Nutrition Assistant hourly $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 $14.93 Office Clerk I hourly $13.26 $13.53 $13.80 $14.07 $14.35 $14.64 $14.93 PT3 hourly $13.53 $13.80 $14.07 $14.35 $14.64 $14.93 $15.23 PT4 Recreation Leader II hourly $13.80 $14.07 $14.35 $14.64 $14.93 $15.23 $15.54 Office Clerk II hourly $13.80 $14.07 $14.35 $14.64 $14.93 $15.23 $15.54 PT5 Intern hourly $14.07 $14.35 $14.64 $14.93 $15.23 $15.54 $15.85 Police Cadet hourly $14.07 $14.35 $14.64 $14.93 $15.23 $15.54 $15.85 PT6 Recreation Leader III hourly $14.35 $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 PT7 Department Assistant hourly $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 Computer Assistant hourly $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 Maintenance Assistant hourly $14.64 $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 PT8 Recreation Leader IV hourly $14.93 $15.23 $15.54 $15.85 $16.16 $16.49 $16.82 PT9 Maintenance Assistant II hourly $15.23 $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 PT10 Recreation Leader V hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 Assistant Boxing Coach hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 Fleet Assistant hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 Building Aide hourly $15.54 $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 PT11 Lifeguard hourly $15.85 $16.16 $16.49 $16.82 $17.15 $17.50 $17.85 CITY OF BALDWIN PARK Part-Time Employees Range Page 17 of 19 Adopted: December 15, 2021 PT12 Water Safety Instructor hourly $16.16 $16.49 $16.82 $17.15 $17.50 $17.85 $18.20 PT13 Fleet Assistant II hourly $16.49 $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 PT14 Swim Coach hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Police Specialist hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Computer Specialist hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Program Specialist I hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 Housing Specialist I hourly $16.82 $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 PT15 hourly $17.15 $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 PT16 Head Lifeguard hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 Planning Technician hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 Community Enhancement Technician hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 Parking Enforcement Officer hourly $17.50 $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 PT17 Program Specialist II hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 Housing Specialist II hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 Rehabilitation Housing Specialist hourly $17.85 $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 PT18 Head Boxing Coach hourly $18.20 $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 PT19 Human Resources Generalist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Finance Generalist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Housing Generalist hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 Aquatic Manager hourly $18.57 $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 PT20 Domestic Violence Advocate hourly $18.94 $19.32 $19.70 $20.10 $20.50 $20.91 $21.33 PT21 hourly $19.32 $19.70 $20.10 $20.50 $20.91 $21.33 $21.75 PT22 hourly $19.70 $20.10 $20.50 $20.91 $21.33 $21.75 $22.19 PT23 hourly $20.10 $20.50 $20.91 $21.33 $21.75 $22.19 $22.63 PT24 hourly $20.50 $20.91 $21.33 $21.75 $22.19 $22.63 $23.09 PT25 Sign Language Interpreter hourly $20.91 $21.33 $21.75 $22.19 $22.63 $23.09 $23.55 Page 18 of 19 Adopted: December 15, 2021 PT26 hourly $21.33 $21.75 $22.19 $22.63 $23.09 $23.55 $24.02 PT27 hourly $21.75 $22.19 $22.63 $23.09 $23.55 $24.02 $24.50 PT28 hourly $22.19 $22.63 $23.09 $23.55 $24.02 $24.50 $24.99 PT29 Civilian Dispatcher hourly $22.63 $23.09 $23.55 $24.02 $24.50 $24.99 $25.49 PT30 Reserve Police Officer hourly $23.09 $23.55 $24.02 $24.50 $24.99 $25.49 $26.00 Page 19 of 19 Adopted: December 15, 2021 RESOLUTION NO. 2021-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING A RESOLUTION TO ALLOW CURRENT ACTIVE PART-TIME EMPLOYEES WHO SERVED DURING THE PANDEMIC TO RECEIVE FUNDS IN ACCORDANCE WITH THE AMERICAN RESCUE PLAN ACT (ARPA) WHEREAS, representatives of the City Council of the City of Baldwin Park have determined that part-time employees were a vital part of the City’s workforce to ensure service levels were maintained during the Pandemic; and WHEREAS, part-time employees who are currently working for the City and served during the pandemic should receive funds, provided it is within the parameters set forth in the ARPA regulations; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. That this City Council does hereby approve and authorize the Chief Executive Officer to distribute funds in the amounts to be determined by City Council and in accordance with ARPA regulations. PASSED, APPROVED, AND ADOPTED this 15th day of December 2021. _______________________________ EMMANUEL ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-044 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on December 15, 2021 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK STAFF REPORT ITEM NO. ________9_________ TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: December 15, 2021 SUBJECT: Accept Completed Improvements and Authorize Close-Out of Project Expenditures for Esperanza Villa Consisting of Material Procurements, Site Preparation and Construction Work SUMMARY This report seeks City Council Consideration for acceptance of project improvements and close-out of related expenditures for the Esperanza Villa Project, formerly known as, the Tiny Homes Village Project. Improvements included portable solar lighting fixtures, on-site furniture, installation of broadband internet access, security surveillance system, perimeter fencing, gas utility installation, plumbing and installation of electrical equipment including electrical connections to shelters. The San Gabriel Valley Regional Housing Trust (SGVRHT) through the San Gabriel Valley Council of Governments (SGVCOG) will be reimbursing the city for the various expenditures. RECOMMENDATION Staff recommends that the City Council: 1. Approve final expenditures for materials procurement and placement by Staff for: a. Greenshine, Inc. for purchase of portable lighting fixtures in the amount of $40,934.03; and b. U-Line, Inc. for purchase of on-site furnishings in the amount of $19,023.64; and 2. Approve final expenditures for improvements for contract services from: a. Greg Ruvolo for installation of perimeter fencing in the amount of $91,117.68; and b. Automation Solutions, Inc. for installation of electrical equipment and site connections in the amount of $42,379.96; and c. AAA Network Solutions, for installation of camera security surveillance system and access control in the amount of $41,907.47; and d. J.C.'s Plumbing & Backflow improvements for plumbing connections in the amount of $4,363.00; and e. Sewer Pros improvements for the connections to restroom building and laundry facilities including gas connections repairs in the amount of $15,500.00; and 3. Authorize the Director of Finance to appropriate $12,255.55 from fund 259 to Account No. 259-50-520-58100-55003 for final expenditures related to project close-out costs; and 4. Authorize the Director of Finance to make the necessary budget adjustments and authorize the Director of Public Works to process invoices including reimbursement request made to the SGVRHT for qualified expenditures. FISCAL IMPACT There is no impact to the General Fund. City expenditures have been pre-approved and will be reimbursed by the San Gabriel Valley Regional Housing Trust (SGVRHT). Although project expenditures were approved for $242,970.23, an appropriation of $12,255.55 from fund 259 for the current fiscal year (FY 2021-22) is required for unanticipated costs for this project closeout. The following table summarizes the approved funds and construction expenditures for the project: BACKGROUND At their July 7, 2021 City Council Meeting, the City Council approved the Emergency Non-Congregate Shelter Pilot Project in partnership with the San Gabriel Valley Regional Housing Trust (SGVRHT) and San Gabriel Valley Council of Governments (SGVCOG) to develop a tiny home pilot program to help meet the immediate needs of individuals experiencing homelessness. At the same meeting, the Council selected a city-owned green waste transfer site located at 14173 Garvey Avenue as the proposed site for the project. On October 20, 2021, City Council approved an appropriation of $242,970.23 for proposed improvements listed in the approved budget above. In order to meet the tight deadline for construction, staff negotiated and obtained proposals and quotes for procurement of portable solar lighting fixtures, on-site furniture, installation of broadband internet access, security surveillance system, perimeter fencing, and installation of electrical equipment. On October 11, 2021, Staff commenced construction activity at the site and completed work on November 18, 2021, in time for the November 20, 2021, Grand opening event. The site was opened for service to the public on November 22, 2021 and is currently fully occupied by former homeless Baldwin Park residents. DISCUSSION City staff worked diligently with the various stakeholders, including SGVRHT and SGVOG and coordinating with the project’s architect, shelter vendor, electrical engineer, utility companies and others to complete improvements at the site. In addition to the site preparation and paving, city staff took on additional construction related components such as construction management, procurement of materials, coordination with various professional services consultants, and in-house support from the Public Works Maintenance Division. The project is substantially complete, and the various contractors have met the requirements for project closure. The final construction costs are $255,225.78 including all change orders as shown: Contractor Additions and/or Change Order Description Amount Greg Ruvolo Panic door installation and additional fencing to cover utilities $28,912.68 Automation Sol., Inc. Cabinet upgrade and additional electrical connections $7,564.96 AAA Network Solutions Cost for access control and additional cabling $5,914.91 J.C.'s Plumbing Initial sewer lateral connections to main line $5,000.00 Sewer Pros Drainage/plumbing to various units $17,500.00 Total Change Orders $62,255.55 Construction Costs Description Approved Add/Change Orders Total Amount Greenshine, Inc. Portable Lighting $40,934.03 $0.00 $40,934.03 U-line, Inc. Site Furnishings (Exterior) $19,023.64 $0.00 $19,023.64 Greg Ruvolo Fencing $62,205.00 $28,912.68 $91,117.68 Automation Sol., Inc. Electrical Connections $34,815.00 $7,564.96 $42,379.96 AAA Network Solutions Security Cameras $35,992.56 $5,914.91 $41,907.47 J.C.'s Plumbing Plumbing Connections $50,000.00 $4,363.00 $4,363.00 Sewer Pros Restroom & laundry details $15,500.00 $15,500.00 $242,970.23 $62,255.55 $255,225.78 To complete the project close-out, a request for an appropriation is requested in the amount of $12,255.55 to cover the service providers costs associated with the completion expenditure report for SGVRHT reimbursement request. Staff recommends that the City Council approve the appropriation, accept the improvements and authorize staff to file a request for reimbursement from SGVRHT. LEGAL REVIEW None Required ATTACHMENTS 1. Final Invoices for approved work Greenshine New Energy 23661 Birtcher Dr., Lake Forest, CA 92630 Office: (949)609-9636 Salesperson:Doug Suhi / Mobile: (949)267-8005 Quote NumberEmail:dougs@streetlights-solar.com http://www.streetlights-solar.com SQ-00001902 Project Name: Tiny Homes Community Lighting - Baldwin Park Deliver To:City of Baldwin Park Quote Date:Aug/26/2021 Delivery Address Line 1:Accept Date: Delivery Address Line 2:Payment Term:NET 30 days Delivery City:Baldwin Park Quote Expiry Date Sep/26/2021 Customer Zip Code: Attention:Bernardo Navarrete Delivery Method: Tax %TotalPriceQtyPackUnitsCode Model:BR LED Fixture Quantity:1.0 LED Fixture Model&Distribution Type-Wattage-Color Temperature:290D-T5-30W-4K LED Driver Current:350MA Arm Type:A4 Quantity of Battery Boxes:1.0 Battery Box-MountingHeight:1B-H Quantity of Batteries:1.0 Battery Type:150 Solar Panel Quantity:1.0 Solar Panel Wattage/Type:180W Pole Type:P20 System Color:BK Operating Profile/Charge Controller:5/40DIM,Black Color 9.5%20,010.003,335.006BR-1-290D-T5-30W-4K-350MA-A4-1-1B-H-1-150-1-180W-P20- BK-5/40DIM (Brighta/Porta30W Single-Fixture Type V w/ 20' Pole) Model:BR LED Fixture Quantity:1.0 LED Fixture Model&Distribution Type-Wattage-Color Temperature:290D-T3-30W-4K LED Driver Current:350MA Arm Type:A4 Quantity of Battery Boxes:1.0 Battery Box-MountingHeight:1B-H Quantity of Batteries:1.0 Battery Type:150 Solar Panel Quantity:1.0 Solar Panel Wattage/Type:180W Pole Type:P20 System Color:BK Operating Profile/Charge Controller:5/40DIM,Black color 9.5%3,335.003,335.001BR-1-290D-T3-30W-4K-350MA-A4-1-1B-H-1-150-1-180W-P20- BK-5/40DIM (Brighta/Porta30W Single-Fixture Type III w/ 20' Pole) Porta Base for 20' Brighta pole. 9.5%11,550.001,650.007PORTA BASE PriceCharge 2,724.00Shipping Sub Total 34,895.00 Tax Total 3,315.03 Shipping Total 2,724.00 Total 40,934.03 Signature: Comments: Systems include 5-year warranty. Operating profile is 5 hours full brightness at dusk and then dim to 40% for remainder of the night. Systems configured to include 5 days of autonomy (battery back-up), assuming no sun. Please allow approximately 10 weeks for delivery. Thank you. Warranty Information: www.streetlights-solar.com/warranties.html BALDWIN PARK CITY OF MAINTENANCE YARD 13135 GARVEY AVE BALDWIN PARK CA 91706-4627 BALDWIN PARK CITY OF LTW 14403 PACIFIC AVE BALDWIN PARK CA 91706-4297 Thank you for your order! SOLD TO:SHIP TO: ORDER CONFIRMATION NOTE: 1-800-295-5510 uline.com Page 1 of 8 ORDER # 60420409 PO # WRITTENORDER SHIPMENT 1 of 7 CUSTOMER NUMBER SHIP VIA ORDER DATE WILL SHIP TERMS 16120813 FEDEX FRT 08/31/21 TBD NET 30 QUANTITY U/M ITEM NUMBER DESCRIPTION UNIT PRICE EXT. PRICE 2 EA H-2128BLU METAL PICNIC TABLE - 6' RECTANGLE, BLUE 850.00 1,700.00 ITEM IS DROP SHIPPED BALDWIN PARK CITY OF MAINTENANCE YARD 13135 GARVEY AVE BALDWIN PARK CA 91706-4627 BALDWIN PARK CITY OF LTW 14403 PACIFIC AVE BALDWIN PARK CA 91706-4297 Thank you for your order! SOLD TO:SHIP TO: ORDER CONFIRMATION NOTE: 1-800-295-5510 uline.com Page 2 of 8 ORDER # 60420409 PO # WRITTENORDER SHIPMENT 2 of 7 CUSTOMER NUMBER SHIP VIA ORDER DATE WILL SHIP TERMS 16120813 FEDEX FRT 08/31/21 TBD NET 30 QUANTITY U/M ITEM NUMBER DESCRIPTION UNIT PRICE EXT. PRICE 2 EA H-2128G METAL PICNIC TABLE - 6' RECTANGLE, GREEN 850.00 1,700.00 ITEM IS DROP SHIPPED PLEASE NOTE, THIS ITEM IS LIMITED TO 3 TABLES. BALDWIN PARK CITY OF MAINTENANCE YARD 13135 GARVEY AVE BALDWIN PARK CA 91706-4627 BALDWIN PARK CITY OF LTW 14403 PACIFIC AVE BALDWIN PARK CA 91706-4297 Thank you for your order! SOLD TO:SHIP TO: ORDER CONFIRMATION NOTE: 1-800-295-5510 uline.com Page 3 of 8 ORDER # 60420409 PO # WRITTENORDER SHIPMENT 3 of 7 CUSTOMER NUMBER SHIP VIA ORDER DATE WILL SHIP TERMS 16120813 FEDEX FRT 08/31/21 09/30/21 NET 30 QUANTITY U/M ITEM NUMBER DESCRIPTION UNIT PRICE EXT. PRICE 2 KT H-2293G THERMOPLASTIC TRASH CAN - 32 GALLON, FUNNEL LID, GREEN 405.00 810.00 2 EA H-2293G-LD 32GAL FUNNEL LID - GREEN .00 .00 PART OF KIT 2 EA H-5155G 32GAL THERMOPLASTIC BASE-GRN .00 .00 PART OF KIT 3 EA H-8158BLU UMBRELLA - 9', BLUE 170.00 510.00 3 EA H-8158G UMBRELLA - 9', GREEN 170.00 510.00 6 EA H-8160 UMBRELLA BASE - UNDER-TABLE 80.00 480.00 1 EA H-2541GALV DOUBLE-SIDED GRID BIKE RACK - 18 BIKE CAPACITY, GALVANIZED 550.00 550.00 1 EA H-2540GALV DOUBLE-SIDED GRID BIKE RACK - 8 BIKE CAPACITY, GALVANIZED 325.00 325.00 BALDWIN PARK CITY OF MAINTENANCE YARD 13135 GARVEY AVE BALDWIN PARK CA 91706-4627 BALDWIN PARK CITY OF LTW 14403 PACIFIC AVE BALDWIN PARK CA 91706-4297 Thank you for your order! SOLD TO:SHIP TO: ORDER CONFIRMATION NOTE: 1-800-295-5510 uline.com Page 4 of 8 ORDER # 60420409 PO # WRITTENORDER SHIPMENT 3 of 7 QUANTITY U/M ITEM NUMBER DESCRIPTION UNIT PRICE EXT. PRICE CUSTOMER NUMBER SHIP VIA ORDER DATE WILL SHIP TERMS 16120813 FEDEX FRT 08/31/21 09/30/21 NET 30 2 KT H-2293BLU THERMOPLASTIC TRASH CAN - 32 GALLON, FUNNEL LID, BLUE 405.00 810.00 2 EA H-2293BLU-LD 32GAL FUNNEL LID - BLUE .00 .00 PART OF KIT 2 EA H-5155BLU 32GAL THERMOPLASTIC BASE-BLUE .00 .00 PART OF KIT 5 EA H-5988 ALL-WEATHER LOCKERS - SIX TIER 575.00 2,875.00 30 EA H-7438BL ULINE COMBINATION PADLOCK WITH OPTIONAL KEY - 3/4" SHACKLE, BLACK 6.00 180.00 3 EA H-7439 MASTER KEY FOR H-7438 ULINE COMBINATION PADLOCK WITH KEY CONTROL 3.00 9.00 BALDWIN PARK CITY OF MAINTENANCE YARD 13135 GARVEY AVE BALDWIN PARK CA 91706-4627 BALDWIN PARK CITY OF LTW 14403 PACIFIC AVE BALDWIN PARK CA 91706-4297 Thank you for your order! SOLD TO:SHIP TO: ORDER CONFIRMATION NOTE: 1-800-295-5510 uline.com Page 5 of 8 ORDER # 60420409 PO # WRITTENORDER SHIPMENT 4 of 7 CUSTOMER NUMBER SHIP VIA ORDER DATE WILL SHIP TERMS 16120813 FEDEX FRT 08/31/21 TBD NET 30 QUANTITY U/M ITEM NUMBER DESCRIPTION UNIT PRICE EXT. PRICE 5 EA H-2295BLU-P METAL BENCH WITHOUT BACK - 6', BLUE 355.00 1,775.00 ITEM IS DROP SHIPPED BALDWIN PARK CITY OF MAINTENANCE YARD 13135 GARVEY AVE BALDWIN PARK CA 91706-4627 BALDWIN PARK CITY OF LTW 14403 PACIFIC AVE BALDWIN PARK CA 91706-4297 Thank you for your order! SOLD TO:SHIP TO: ORDER CONFIRMATION NOTE: 1-800-295-5510 uline.com Page 6 of 8 ORDER # 60420409 PO # WRITTENORDER SHIPMENT 5 of 7 CUSTOMER NUMBER SHIP VIA ORDER DATE WILL SHIP TERMS 16120813 FEDEX FRT 08/31/21 TBD NET 30 QUANTITY U/M ITEM NUMBER DESCRIPTION UNIT PRICE EXT. PRICE 5 EA H-2295G-P METAL BENCH WITHOUT BACK - 6', GREEN 355.00 1,775.00 ITEM IS DROP SHIPPED BALDWIN PARK CITY OF MAINTENANCE YARD 13135 GARVEY AVE BALDWIN PARK CA 91706-4627 BALDWIN PARK CITY OF LTW 14403 PACIFIC AVE BALDWIN PARK CA 91706-4297 Thank you for your order! SOLD TO:SHIP TO: ORDER CONFIRMATION NOTE: 1-800-295-5510 uline.com Page 7 of 8 ORDER # 60420409 PO # WRITTENORDER SHIPMENT 6 of 7 CUSTOMER NUMBER SHIP VIA ORDER DATE WILL SHIP TERMS 16120813 FEDEX FRT 08/31/21 TBD NET 30 QUANTITY U/M ITEM NUMBER DESCRIPTION UNIT PRICE EXT. PRICE 1 EA H-2672BLU METAL ADA PICNIC TABLE - 46" ROUND, BLUE 920.00 920.00 ITEM IS DROP SHIPPED BALDWIN PARK CITY OF MAINTENANCE YARD 13135 GARVEY AVE BALDWIN PARK CA 91706-4627 BALDWIN PARK CITY OF LTW 14403 PACIFIC AVE BALDWIN PARK CA 91706-4297 Thank you for your order! SOLD TO:SHIP TO: ORDER CONFIRMATION NOTE: 1-800-295-5510 uline.com Page 8 of 8 SUB-TOTAL 15,849.00 SALES TAX 1,505.81 SHIPPING/HANDLING 1,668.83 TOTAL 19,023.64 8 ORDER # 60420409 PO # WRITTENORDER SHIPMENT 7 of 7 ATTENTION: BERNARDO NAVARRETE TRACK YOUR ORDERS ON ULINE.COM/TRACK YOUR ORDER CONTAINS ITEMS THAT SHIP DIRECTLY FROM THE MANUFACTURER. PLEASE CONTACT US WITH ANY QUESTIONS. ADDITIONAL SHIPPING TIME IS REQUIRED FOR DROP SHIP ITEMS. PLEASE CONTACT CUSTOMER SERVICE FOR MORE INFORMATION. PLEASE NOTE THAT THE SHIPPING HAS CHANGED SINCE THE QUOTE WAS CREATED ON 8/31/21 CUSTOMER NUMBER SHIP VIA ORDER DATE WILL SHIP TERMS 16120813 FEDEX FRT 08/31/21 TBD NET 30 QUANTITY U/M ITEM NUMBER DESCRIPTION UNIT PRICE EXT. PRICE 1 EA H-2672G METAL ADA PICNIC TABLE - 46" ROUND, GREEN 920.00 920.00 ITEM IS DROP SHIPPED 1 / 1 Description Quantity Rate Amount 740' privamax chain link fence 98% blockage 9ga. 8' ALL GREEN PRIVACY SLAT 1 $31,620.00 $31,620.00 Set approx 86 40ga 8' posts in concrete 1 $14,280.00 $14,280.00 Fabricate trash enclosure with double doors 9ga 6' chain link with green privamax slats 1 $11,470.00 $11,470.00 Fabricate locker enclosure with 9 ga 6' green privamax with slats 1 $4,360.00 $4,360.00 All extra consumables and drive time 1 $475.00 $475.00 Subtotal $62,205.00 Shipping $0.00 Total $62,205.00 Total $62,205.00 Estimate Estimate No:424 Date:10/06/2021 For:City Of Baldwin Park avazquez@baldwinpark.com 4100 Baldwin Park Blvd Baldwin Park Calif. 91706 Ship To:Mini home fence project 14173 Garvey Ave Baldwin Park Ca Tracking No Ship Via FOB Greg Ruvolo 15021 Lashburn St Whittier Ca 90604 562-824-7725 1 / 2 Description Quantity Rate Amount 65' 9ga 8' chain link fence and top rail (FRONT FENCE)1 $4,870.00 $4,870.00 set approx 6 sch 40 heavy duty posts in concrete and stretch fence (FRONT FENCE)1 $2,787.00 $2,787.00 fabricate 18'x8' double gate with heavy duty drop post and locking mech (FRONT FENCE)1 $1,375.00 $1,375.00 hardware,hinges,ties and other consumables 1 $340.00 $340.00 Fabricate 42" x 96" Ada compliant emergency exit door with panic bar exit system and entry lock and key (FRONT FENCE) 1 $6,204.00 $6,204.00 Install emergency exit gate 1 $560.00 $560.00 Post to wood hanging clamps for front facade (FRONT FENCE)80 $7.79 $623.20 Tree stump removal to make room for fence line 1 $120.00 $120.00 Overtime Saturday to complete sidewall fencing to make way for tiny house construction on Monday 11/8/21 1 $3,000.00 $3,000.00 hardware,hinges,ties and other consumables 1 $340.00 $340.00 6' 2 3/8 line posts 8 $48.06 $384.48 Install plated line post in trash enclosure add 10' of privamax chain link fencing for smoking area 1 $445.00 $445.00 Restroom and sink (1) week rental with (1) service 1 $675.00 $675.00 Chain link temp fence for front entrance 70' One month rental 1 $545.00 $545.00 Invoice Invoice No:848 Date:10/12/2021 Terms:NET 0 Due Date:10/12/2021 Bill To:City Of Baldwin Park avazquez@baldwinpark.com 4100 Baldwin Park Blvd Baldwin Park Calif. 91706 Ship To:Tiny home fence project 14173 Garvey Ave Baldwin Park, CA, 91706 Tracking No Ship Via FOB Greg Ruvolo 15021 Lashburn St Whittier Ca 90604 562-824-7725 Greg Ruvolo - Invoice 848 - 10/12/2021 2 / 2 Description Quantity Rate Amount Fabricate new front gate hinged middle with wheels 1 $525.00 $525.00 Repair 1x1 existing fence in rear of lot 1 $228.00 $228.00 Subtotal $23,021.68 Shipping $0.00 Total $23,021.68 PAID $0.00 Balance Due $23,021.68 AUTOMATION SOLUTIONS INC. 5277 N. VINCENT STREET #45 IRWINDALE, CALIFORNIA 91706 PHONE 626.812.4488 FAX 626.812.7799 LICENSE #907504 CITY OF BALDWIN PARK SEPTEMBER 21, 2021 131535 GAREY AVE. BALDWIN PARK, CA 91706 PH: 626-960-3993 EXT.518 CONTACT: ANTHONY VAZQUEZ QUOTE: 09021021 PROJECT: TINY HOME VILLAGE POWER INSTALLATION REV1. SCOPE OF WORK: 1) INSTALL ONE 400 AMP, 120/240, SINGLE PHASE, METER AND LOAD CENTER. THE LOAD CENTER WILL INCLUDE TWO, 200 AMP, 2 POLE BREAKERS. THE TWO BREAKERS WILL SUPPLY POWER TO TWO, 200 AMP SUB PANLES. 2) INSTALL TWO, 200 AMP SUB PANELS TO POWER A TOTAL OF 30 LOADS. THE LOADS WILL CONSIST OF TWENTY FIVE TINY HOMES AND 5 ADDITIONAL LOADS TO BE DESIGNATED BY THE CUSTOMER. 3) INSTALL PVC CONDUIT AND WIRE FROM THE 400 AMP MAIN PANEL TO THE TWO, 200 AMP SUB PANELS. 4) INSTALL PVC CONDUIT AND WIRE FROM THE 200 AMP SUB PANELS TO THE TWENTY FIVE TINY HOMES AND FIVE ADDITIONAL LOADS. 5) MAKE ALL NECESSARY TERMINATIONS, POWER UP CIRCUITS, AND VERIFY OPERATION. NOTES: ➢ CITY OF BALDWIN PARK BUSINESS LICENSE #1002901. ➢ CUSTOMER WILL TRENCH FROM THE 400 AMP PANEL TO THE TWO SUB PANELS. IN ADDITION THE CUSTOMER WILL TRENCH FROM THE TWO SUB PANELS TO THE TWENTY FIVE TINY HOMES AND THE FIVE ADDITIONAL LOADS. ➢ ANY ADDITIONAL WORK NOT INCLUDED IN THIS QUOTE WILL BE BILLED AS TIME AND MATERIAL. LABOR COST: $ 16,200.00 MATERIAL COST: $ 17,000.00 9.5% SALES TAX: $ 1,615.00 JOB COST: $ 34,815.00 THIRTY FOUR THOUSAND EIGHT HUNDRED FIFTEEN DOLLARS. PAYMENT SCHEDULE: (50%) $17,407.50 IS REQUIRED 7 WORKING DAYS PRIOR TO BEGINNING THE PROJECT. (50%) $17,407.50 IS DUE UPON COMPLETION OF PROJECT. SUBMITTED BY:______________________________________________ SERGIO VENEGAS ACCEPTED BY: _______________________________________________ Invoice Date 11/18/2021 Invoice # 5256 Bill To CITY OF BALDWIN PARK 14403 PACIFIC AVE. BALDWIN PARK, CA 91706 PH:626-960-3993 EXT.518 ASI AUTOMATION SOLUTIONS, INC 5277 N. VINCENT STREET #45 IRWINDALE, CA 91706 PH 626.812.4488 FX 626.812.7799 P.O. No.Terms Net 30 Project Total DescriptionQuantity Rate Amount 11-18-21, TECHNICIAN: SERVICE CALL AT TINY HOMES PROJECT. CUSTOMER REQUESTED TWO ADDITIONAL 120V, 20 AMP, CIRCUITS BE INSTALLED TO POWER ONE COMMERCIAL REFRIGERATOR AND ONE MICROWAVE OR FOOD WARMER. THIS REQUIRED THE TINY HOME STRUCTURE PANEL BE UPGRADED FROM A SINGLE PHASE 120V,30 AMP CIRCUIT TO A 240V, 40 AMP. AN ADDITIONAL CONDUCTOR WAS INSTALLED IN EXISTING CONDUIT AND THE MAIN BREAKERS WERE UPGRADED FROM A SINGLE POLE 30 AMP BREAKER TO A TWO POLE 40 AMP BREAKER. IN ADDITION, TWO 120V, 20 AMP GFCI RECEPTACLES WERE INSTALLED 4 120.00 480.00 ELECTRICAL APPRENTICE4 50.00 200.00 MATERIALS1 300.00 300.00T Sales Tax 9.50% 28.50 $1,008.50 City of Baldwin Park - HA City of Baldwin Park - Housing Authority Descriptions MFTR.Part Number Unit QTY Unit Cost Ext. Material Ext. Labor Sales Tax Sub-Total Verkada Equipment Sites=1 Pole Mount, 2nd Generation Verkada ACC-MNT-9 EA 15 $125.40 $1,881.00 $1,200.00 $178.70 $3,259.70 CB51-E Outdoor Bullet Camera, 60 Days Verkada CB51-60E-HW EA 15 $1,079.40 $16,191.00 $2,400.00 $1,538.15 $20,129.15 3 Year Camera License Verkada LIC-3Y EA 15 $299.40 $4,491.00 $0.00 $426.65 $4,917.65 3/4" EMT Conduit Installation AAA AAA EA 100 $5.00 $500.00 $2,100.00 $47.50 $2,647.50 Single Cat 6 RJ45 Jack - Closet Uniprise Uniprise EA 14 $6.00 $84.00 $168.00 $7.98 $259.98 Cat 6 Plugs Uniprise Uniprise EA 14 $2.00 $28.00 $112.00 $2.66 $142.66 Cat 6 Data Patch Cable - 3'Uniprise Uniprise EA 14 $6.00 $84.00 $56.00 $7.98 $147.98 Cat 6 CMR Data Cable Uniprise Uniprise FT 2100 $0.18 $378.00 $2,240.00 $35.91 $2,653.91 System Labeling, Testing & Certification AAA AAA EA 14 $0.50 $7.00 $224.00 $0.67 $231.67 End-User Site Training AAANSI Services EA 1 $0.00 $0.00 $210.00 $0.00 $210.00 Camera configuration AAANSI Services EA 1 $0.00 $0.00 $630.00 $0.00 $630.00 CAD Drawing & Asbuilt Drawing AAANSI Services EA 1 $25.00 $25.00 $315.00 $2.38 $342.38 Project Management AAANSI Services EA 1 $0.00 $0.00 $420.00 $0.00 $420.00 Material Sub-Total $23,669.00 Sales Tax $2,248.56 Labor Sub-Total $10,075.00 Grand-Total $35,992.56 CCTV Installation City of Baldwin Park - Housing Authority Bid Date: N/A 1 AAA Network Solutions, Inc 9/16/2021 Invoice Date 10/19/2021 Invoice # 12377 Bill To CITY OF BALDWIN PARK 4100 BALDWIN PARK BLVD. BALDWIN PARK CA 91706 J.C.'S PLUMBING & BACKFLOW 449 W. FOOTHILL BLVD. #153 GLENDORA CA 91741 P.O. No.Terms Due on receipt Project Thank you for your business.Total DescriptionQuantity Rate Amount PER QUOTE 4,363.00 4,363.00 TO ANTHONY CITY OF BALDWIN PARK RE: JOB ON TINY HOME VILLAGE BALDWIN PARK THE FOLLOWING IS J.C.’S PLUMBING’S PRICE FOR INSTALLING UNDERGROUND SEWER (BELOW ASPHALT). NO DIGGING OR BACKFILL, NO BREAKING OR REMOVAL OF ASPHALT. PRICE INCLUDES ALL MATERIAL, AND LABOR TO INSTALL 4” SEWER MAIN. PRICE ALSO INCLUDES 6 - 3” K STUB OUTS FOR TRAILER CONNECTIONS. ONE TWO-WAY CLEAN-OUT AT SOUTH END OF PROPERTY, AND ONE CLEAN-OUT AT NORTH END OF SEWER LINE. ALSO INCLUDED TWO CONCERT BOXES WITH CAST IRON SEWER LIDS. PRICE INCLUDES CONNECTION TO EXISTING SEWER. PER JOB WALK THROUGH WITH ANTHONY. Sales Tax 9.50% 0.00 $4,363.00 INVOICE # 29888 1692 New York Drive Altadena California 91001 Bill To: avazquez@baldwinpark.com 14173 Garvey Ave. Baldwin Park CA, 91706 Nov 24, 2021 $13,500.00 Date: Balance Due: Item Quantity Rate Amount * Saw cut asphalt and excavate trench for waste lines 1 $13,500.00 $13,500.00 * Rough in/set 11 fixtures for temporary restroom units * Tap into new water service independently for two temporary units * Tie in gas service independently for two temporary units with sediment trap and flex line adaptors * Tie into main waste water sewage connection * Install cleanouts to restroom and laundry units * Set bathroom unit and laundry unit flush to the ground as requested * Clean up and inspected $13,500.00 $0.00 $13,500.00 Subtotal : Tax (0%): Total: Notes: Thank you for your Business! STAFF REPORT ITEM NO. _______10__________ TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: December 15, 2021 SUBJECT: Approve a Request-for-Service Proposal for Civil Design and Engineering Services for Sewer and Storm Drain Improvements at Calino Avenue (Private Residential Street) SUMMARY This item will approve Request-for-Service (RFS) proposal for civil and engineering design services with Infrastructure Engineers, Inc. for sanitary sewer and storm drain improvements at Calino Avenue. The services will include project management, survey, soil testing, analyzing designed features, systems, equipment, and material selections for the purpose of developing Construction Documents including Plans, Specifications and Estimate. RECOMMENDATION Staff recommends that the City Council: 1. Authorize the Director of Public Works to execute the proposal from Infrastructure Engineers in the amount of $45,810 for Civil and Engineering Services for the development of plans, specifications and estimate for Calino Avenue Sewer and Storm Drain Improvements; and 2. Direct staff to prepare an Engineer’s Report for the formation of the Calino Avenue Assessment District 2004–01 per adopted Resolution 2004-073; and 3. Authorize the Director of Finance to appropriate American Recovery Plan Act (ARPA) funds, Infrastructure category, in the amount of $50,810 for Civil and Engineering Design Services and preparation of the Engineer’s Report. FISCAL IMPACT There is no impact on the General Fund. Staff is requesting that the City Council appropriate American Recovery Plan Act (ARPA) funds, Infrastructure category, in an amount of $50,810 for the design of the storm drain and sanitary sewer and preparation of the Engineer’s Report. BACKGROUND Calino Avenue is located west of Puente Avenue and is an unimproved private residential street. The pavement is in poor condition and does not meet the City standard. There are no curb and gutter, sidewalks, storm drains or sanitary sewer. One hundred percent of the homes along Calino Avenue are on septic tanks. In 2004, in an effort to address the situation, eighty-four percent (84%) of the property owners who reside along Calino Avenue signed a petition requesting that the City initiate the formation of an assessment district. On October 20, 2004, the City Council adopted Resolution 2004-073 declaring its intent to construct certain improvements based on the proposed Calino Avenue Assessment District No. 2004-01. DISCUSSION An assessment district would have allowed the city to construct street improvements and sanitary sewers. Normally the property owners should bear 100% of the cost for the improvements, but in an effort to make it less burdensome for the property owners, the City offered to share the cost for improvements with the property owners. However, in the end construction costs proved to be insurmountable for both the property owners and city and the improvements were not constructed. With the recently approved American Recovery Plan Act, there is renewed interest in constructing the improvements at Calino Avenue. A cost-sharing scenario is possible due to the nature of ARPA funding. This once-in-a-generation infusion of funds provides an opportunity for State, Local, and Tribal governments with the ability to address a broad range of water and sewer infrastructure needs. ARPA provides governments with wide latitude to identify investments in water and sewer infrastructure that are of the highest priority for their own communities, which may include projects on privately-owned infrastructure. It is Staff’s recommendation that the City Council consider utilizing ARPA funding for the construction of improvements at Calino Avenue. Approval of this item will allow staff to move forward with the civil design work necessary for construction. Additionally, the item initiates the preparation of an Engineer’s Report and to commence the process to add the properties to the Assessor’s roll. ALTERNATIVES 1. The City Council may choose not to approve the RFS for Design Services and task staff to conduct additional research into alternative options. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution 2004-073 2. Request-for-Service Proposal REQUEST FOR SERVICES N:\10_Business Development\RFSs\Baldwin Park\2021 RFS\RFS Back-Up Documents\BP-2021-RFS012\BP-2021-RFS012-Update of PS&E for the Calino Avenue Project-11-08-21.doc Page 1 of 2 City of Baldwin Park TO: Sam Gutierrez, Director of Public Works DATE: November 8, 2021 FROM: Farzad Dorrani, MS, Chief Operations Officer SUBJECT: UPDATE OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) FOR THE CALINO AVENUE PROJECT INCLUDING SEWER, STORM DRAIN AND STREET IMPROVEMENTS Acct. No.: Type of Project: Public Works Community Development Traffic Park and Rec. Description of Request: The scope of service includes preparing Plans, Specifications and Construction Estimate (PS&E) for the Calino Avenue based on the 3/4/2005 plans and as detailed in the attached Exhibit “A”: Infrastructure Engineers’ fee for above services is as indicated below: TASK DESCRIPTION Project Manager Senior Engineer Associate Engineer Engineering Assistant CADD Manager Administrative Assistance Surveying Billing Rate:$185 $168 $150 $115 $129 $89 Lump Sum 1 Project Management and Meetings 8 8 4 3,180$ 3,180$ 2 Record Reasearch & Utility Coordination 2 6 24 3,372$ 3,372$ 3 Field Visit 4 8 8 2,792$ 2,792$ 4 Topo Survey 2 2 2 806$ 4,140$ 4,946$ 5 Evaluate any need to prepare new Sewer Capacity Study and Hydrology Analysis 2 8 1,714$ 1,714$ 6 Base Map from Topo Survey & Recreate Plans based on the 2005 Plans 4 24 12 72 32 18,980$ 18,980$ 7 80% Submittal (PS&E)4 12 24 8 6,548$ 6,548$ 8 100% Submittal (PS&E)2 4 6 6 2,506$ 2,506$ 9 Prepare As-Built Plan 2 8 4 1,772$ 1,772$ 22 64 26 118 52 30 $ 41,670 $ 4,140 $ 45,810 Task No. Design Services TOTAL FOR ENGINEERING SERVICES IE Team Total TOTAL FEE This RFS is for the above tasks only as stated and does not include any other tasks related to the project. A separate RFS shall be prepared for any additional tasks to the above tasks including any reports such as Sewer Capacity Study and Hydrology Analysis, etc. To be completed by Infrastructure Engineers: Project Number: Projected Date of Completion: Three (3) months after RFS approval Project Manager: Farzad Dorrani, MS Estimated Cost of Services: $45,810 11/8/2021 Farzad Dorrani, MS, Chief Operations Officer Date APPROVED TO PROCEED: Sam Gutierrez, Director of Public Works Date REQUEST FOR SERVICES N:\10_Business Development\RFSs\Baldwin Park\2021 RFS\RFS Back-Up Documents\BP-2021-RFS012\BP-2021-RFS012-Update of PS&E for the Calino Avenue Project-11-08-21.doc Page 2 of 2 EXHIBIT “A” October 25, 2021 SUBJECT: REQUEST FOR SERVICE – UPDATE OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) FOR THE CALINO AVENUE PROJECT INCLUDING SEWER, STORM DRAIN AND STREET IMPROVEMENTS Background As part of the Calino Avenue Improvements, it is requested that the existing sewer, storm drain and street plans be updated to current standards for sewer, storm drain, and street construction. Plans were designed in 2004 by IE staff and anticipate using special funding to make sewer connections to the property owners, properly abandon the existing septic tanks and include the other improvements. Due to the street trenching the street will need to be reconstructed to allow the safe passage of vehicles and pedestrians. Overall Project Objectives and Deliverables CONSULTANT shall identify tasks for Civil Design and shall take into consideration the following items: 1. Provide civil engineering design services for updating existing plans for sewer, storm drain and street improvements at Calino Avenue, including the preparation of final PS&E. 2. Review and update any available sewer capacity study and/or hydrology analysis. If not available evaluate the need to prepare new studies. 3. Conduct project kick-off meetings with Public Works staff in reviewing the project. Specific design criteria addressed during the meeting, along with preferred project strategies, cost limitations and, most importantly, potential cost savings that can be addressed in designs. Agendas of special items that warrant discussion at project status meetings, and prepare and distribute minutes with action items to involved parties. Detailed project scope, schedule milestones, construction objectives, and other pertinent project details. 4. Verify, confirm and perform land surveys for the project as needed. 5. Perform a site investigation to evaluate the existing condition of items pertaining to the design. 6. Conduct fieldwork to verify the locations of surface utility features within the project limits. In conjunction with information researched, notify affected utility companies of the impending project. Surface features requiring adjustment will be identified and properly coordinated with the corresponding utility company 7. Evaluate, update or otherwise develop a comprehensive set of technical specifications. 8. PS&E submittal package for City’s review at certain milestones, depending the scope of work for each project. Since the plans are existing, these milestones set for this project are at 80%, and 100%. 9. Prepare as-built plans based on the red mark-up plans provided by the contractor at the end of project construction and submit to the City for their retention and filing. STAFF REPORT ITEM NO. ________11_________ TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer Benjamin Martinez, Director Community Development Rose Tam, Director of Finance DATE: December 15, 2021 SUBJECT: Baldwin Park Resident Owned Utility District (BPROUD) Program-Decertification and Reversion Process – Status Update SUMMARY At its meeting of October 6, 2021, the City Council approved the City’s intent to decertify our Community Choice Aggregation (CCA) entity known as BPROUD and to proceed with the necessary steps to revert BPROUD”s customers to Southern California Edison’s (SCE) service. This staff report provides a summary of the significant steps and milestones staff and other entities have undertaken as of December 7, 2021 in carrying out the City Council’s direction. RECOMMENDATION Staff recommends that the City Council receive and file this report. FISCAL IMPACT Not applicable in the context of this report. Financial transactions are noted in the body of the report. BACKGROUND BPROUD launched as a CCA providing electric generation service to all residents of the City of Baldwin Park in November 2020, and to all of its commercial and industrial customers in June 2021. In consideration of the untimely and unexpected request for a rate increase in the generation rate, the City Council commissioned staff to conduct a reevaluation study on the merits upon which the program was approved originally. Following the analysis, the City Council decided at its October 6, 2021 meeting to move ahead with the decertification of BPROUD and revert electric service to SCE. DISCUSSION Following the action of the City Council at its October 6, 2021 meeting, Staff immediately proceeded with formal activities with all of the entities involved directly in the decertification and reversion process. Namely: Cal Choice JPA Cal Choice Sub consultants (Pacific Energy Advisors, Calpine Energy Solutions, Bayshore Consulting, Maher Accountancy) Southern California Edison California Public Utilities Commission. We complemented the Baldwin Park team with other specialty consultants: Cordoba Corp. Special Counsel from Best, Best and Krieger The Baldwin Park Team: Director of Community Development; Director of Finance; City Attorney; Chief Executive Officer. A multiplicity of steps and contingent and stand-alone actions have taken place since we embarked on the decertification process, but the two most challenging and potentially impactful financially are the Re-Entry Fees and the Liquidation/Disposition of Contracts in BPROUD’s portfolio. Re-Entry Fees Rules established by the CPUC allow a Publicly Owned Utility (POA), SCE in this case, to assess a charge to the reverting party for the incremental cost to SCE for bringing in the newly added customers to their service portfolio. This charge would be assessed to the City of Baldwin Park for the roughly 17,000 customers returning to SCE, and it can range in the $10M to $12M as was the recent case of Western Energy CCA in Murrieta in Riverside County. Thanks in large measure to our early and collaborative engagement with SCE, we have been able to coordinate the transition in such an optimal way that it results in very little incremental cost impact to SCE; so much so that SCE has already formally filed the reentry fees calculation with the CPUC and it virtually zero, with the exception of the forfeiture of a letter of credit deposit BPROUD had with the CPUC of $140,000, which is part and parcel of the process. We are very pleased with this outcome. Portfolio of Energy Contracts- Liquidation In the course of setting up the energy supply portfolio for BPROUD, Cal Choice had retained a total of 36 contracts of various nature, duration and purpose. There are three general categories for which BPROUD and Cal Choice had acquired contracts: • Hedge Contracts- To meet actual customer demand of electricity. • Resource Adequacy (RA)- Required by the CPUC for Emergency Insurance for CAISO • Renewable Portfolio Standard (RPS)- Required by Regulation and Customer choice We area about to enter market options in the disposition of contracts so information is confidential at this stage. We recently provided a confidential briefing to the City Council in closed session. The financial risk remains unknown, but we are optimistic about the marketability of most of the contracts being favorable to Baldwin Park. We have established the month of February 2022 for the reversion transition to take place when customers will go from BPROUD to SCE. Following is an abbreviated list of milestones and action that have taken place since October 5th, 2021: Milestones/Key Activities Overall Project Management 1. Holding weekly meetings with CalChoice, CalPine, and Edison to identify milestones, dependencies and ensuring projects move forward 2. Holding bi-weekly meetings with the CPUC to identify all compliance/regulatory obligations that need to be met Edison Related Activities 1. Filed the Notice of Intent with the CPUC to begin the process of decertification via the service lists 2. Revert a sample of BPROUD customers (119 customers, mostly City accounts and Edison employees) back to Edison on December 8, 2021 to identify early issues and ensure a smooth transition when all customers will revert to SCE in February 3. Customers will receive their first notification of the reversion back to Edison during the week of December 13. A second notification will be sent in January 4. It was determined that any new customers requesting electrical service as of January 1, 2022, will be added to Edison’s customer accounts since all BROUD’s customers will be reverting starting in late January 5. Confirmed Time of Use rates postponement of customers until fully transitioned to Edison 6. Submitted summary of understanding regarding regulatory obligations to Edison regarding RA, RPS and IRP 7. Confirm the new generation rates that Edison will be charging based on the CPUC decision CalChoice Related Activities 1. After City Council meeting on October 6, increased customer rates by 10% 2. Worked with CalChoice to obtain information on all current contracts (36). Developing a strategy with BBK on generation contracts (broken out by type), to determine the best approach to divesting them to achieve the most positive outcomes as possible 3. BBK is working with CPUC regarding the long-term requirement for the Compliance Period (2022-2024) 4. BKK providing advice and strategic guidance on the final disposition of the generation contracts 5. With the clearer understanding of the current conditions of the contracts, BP filed a decertification notice to the CPUC via service lists, committing the City to move through the process: i.e. selling the generation contracts and reverting all customers back to Edison 6. Identified all current and future regulatory obligations for the City, helping to develop a strategy to address assigning responsibilities 7. Closing out the CalChoice contract is driven by the closeout of the final long-term generation contract. Following the decision by Council to reassess the BPROUD Program, Council authorized the transfer of General Fund dollars to the BRPOUD lockbox escrow account to maintain its balance fully solvent and not risk any adverse actions by creditors or energy suppliers. Following is a list of the General Fund (GF) transfers made to date: July 2021 $212,568.00 August 2021 $500,000.00 September 2021 $500,000.00 October 2021 $855,000.00 November 2021 $470,000.00 Total $2,537,568.00 With the rate adjustment to the power generation rate now in full effect, anticipate the incoming revenue to be sufficient to keep the lockbox escrow account actuals in balance. The only remaining unknown is the liquidation valve of the portfolio contracts and whether they will yield a positive revenue or a negative deficit. We are surely aiming for it to be a positive outcome. ALTERNATIVES Not Applicable LEGAL REVIEW This report has been reviewed by the City Attorney. ATTACHMENTS Not applicable STAFF REPORT ITEM NO. ________12_________ TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk DATE: December 15, 2021 SUBJECT: Adoption of a Resolution to Continue Conducting City Council/Commission/ Board Meetings Remotely in Accordance with the Brown Act Executive Order and AB 361 SUMMARY Governor Gavin Newson signed Executive Order N-15-21 clarifying that cities may continue to meet remotely in accordance with procedures established by prior Executive Orders. On September 16th Governor Newsom signed AB361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Brown Act Orders. This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state of local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency. Staff will continue in-person meetings with a virtual hybrid component under this new order. RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 2021-045 to continue conducting City Council/Commission/Board Meetings remotely in accordance with the Brown Act executive orders and AB 361 (covering meetings held from December 15, 2021 through January 14, 2022) and re-evaluate the state of emergency every 30 days to make findings under the bill’s teleconferencing exemptions. FISCAL IMPACT Not Applicable BACKGROUND On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act. As the Delta variant has surged in California, the legislature has taken action to extend the COVID-19 exceptions to the Brown Acts’ teleconference requirements, subject to some additional safeguards. AB 361 allows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances: • The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. • The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. • The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. A local agency that holds a meeting under these circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown act. These additional requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies. Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act: • Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions. • In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment. • Identify and include in the agenda an opportunity for all persons to attend via a call-in or an internet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments. • Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public. • Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call-in or internet-based service option or is within the local agency’s control and prevents the public from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act’s existing challenge provisions). • Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time. • Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment. • If the legislative body uses a third-party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed. AB 361 also provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules: • The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures. The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N-29-20. The bill contains an urgency clause which became effective upon signing with a sunset of January 1, 2024. ALTERNATIVES Not Applicable LEGAL REVIEW This report has been reviewed by the City Attorney. ATTACHMENTS 1. Resolution no. 2021-045 2. AB 361 RESOLUTION NO. 2021-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT TELECONFERENCE ACCESSIBILITY FOR CONDUCTING PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease 2019 (COVID-19); and WHEREAS, OM March 12, 2020, the City Council adopted an Emergency order proclaiming a local emergency as defined, due to the threat of the existence and spread of COVID-19; and WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meeting accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08-21 which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and WHEREAS, AB 361 (Stats. 2021, ch. 165) imposes requirements to ensure members of the public are able to attend and participate in public meetings conducted via teleconference, including: • Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call- in option or an internet-based service option; • The legislative body shall take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; • Prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time; • Prohibits the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and WHEREAS, the City has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B-G); and WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body shall hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees. The City Council must make these findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also make these findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducing public meetings. 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 hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as finds of the City Council. SECTION 2. The City Council hereby declares that a state of emergency as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council, City Boards Commissions and Committees, City staff and consultant to meet safely in person when a large congregation meets. SECTION 3. The State of California and the City of La Quinta continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of Riverside, as applicable, including facial coverings when required and social distancing. SECTION 4. The City Council hereby declares that, pursuant to the findings listed in this Resolution, the City Manager is authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361 (Stats. 2021, ch. 165) and Government Code § 54953, as amended thereby. SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. SECTION 6. This Resolution shall become effective immediately upon adoption. PASSED, APPROVED, and ADOPTED this 15th day of December, 2021. _______________________________ EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-045 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on December 15, 2021 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK ITEM NO. 13 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: December 15, 2021 SUBJECT: Adoption of Resolution No. 2021-046 of the City Council of City of Baldwin Park Approving Application for Per Capita Grant Funds to Renovate the Day Care Center into Recreational Space SUMMARY The purpose of this staff report is for the City Council to adopt Resolution No. 2021-046 of the City Council of City of Baldwin Park Approving Application for Per Capita Grant Funds to Renovate the Day Care Center into Recreational Space. FISCAL IMPACT There is no fiscal impact by this action at this time. RECOMMENDATION Staff recommends the City Council to: 1. Adopt Resolution No. 2021-046 entitled, “RESOLUTION OF THE CITY COUNCIL OF CITY OF BALDWIN PARK, CALIFORNIA APPROVING APPLICATION FOR PER CAPITA GRANT FUNDS TO RENOVATE THE DAY CARE CENTER INTO RECREATIONAL SPACE”; and 2. Authorize the Director of Recreation and Community Services to submit grant application and execute any necessary documents associated with the grant. BACKGROUND Proposition 68 was approved by California voters on June 5, 2018. The proposition included funding for local park rehabilitation, creation, and improvement grants for local governments, including California cities and counties, on a per capita basis. The program is administered by the State Department of Parks and Recreation’s Office of Grants and Local Services (OGALS), and $185,000,000 in per capita funding is available. The City of Baldwin Park’s General Per Capita allocation is $177,952 and its Urban County Per Capita allocation is $46,336 for a total Proposition 68 allocation of $224,284. The grant does not require matching funds. Under this program, grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors. City staff has identified to renovate the Daycare Center into recreational space. The project meets the criteria for the “Per Capita Program” through the Capital Improvement Project Program. The project will include replacement of flooring for four (4) classrooms and removal or existing partitions. ALTERNATIVES The alternative is not to adopt the Resolution No. 2021-046. LEGAL REVIEW None required. ATTACHMENT 1. Resolution No. 2021-046 RESOLUTION NO. 2021-046 RESOLUTION OF THE CITY COUNCIL OF CITY OF BALDWIN PARK, CALIFORNIA, APPROVING APPLICATION FOR PER CAPITA GRANT FUNDS WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program, setting up necessary procedures governing application(s); and WHEREAS, said procedures established by the State Department of Parks and Recreation require the grantee’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the grantee will enter into a contract(s) with the State of California to complete project(s); NOW, THEREFORE, BE IT RESOLVED that the Baldwin Park City Council hereby: 1. Approves the filing of project application(s) for Per Capita program grant project(s); and 2. Certifies that said grantee has or will have available, prior to commencement of project work utilizing Per Capita funding, sufficient funds to complete the project(s); and 3. Certifies that the grantee has or will have sufficient funds to operate and maintain the project(s), and 4. Certifies that all projects proposed will be consistent with the park and recreation element of the City of Baldwin Park’s general or recreation plan (PRC §80063(a)), and 5. Certifies that these funds will be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)), and 6. Certifies that it will comply with the provisions of §1771.5 of the State Labor Code, and 7. (PRC §80001(b)(8)(A-G)) To the extent practicable, as identified in the “Presidential Memorandum--Promoting Diversity and Inclusion in Our National Parks, National Forests, and Other Public Lands and Waters,” dated January 12, 2017, the City of Baldwin Park will consider a range of actions that include, but are not limited to, the following: (A) Conducting active outreach to diverse populations, particularly minority, low- income, and disabled populations and tribal communities, to increase awareness within those communities and the public generally about specific programs and opportunities. (B) Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas. (C) Creating new partnerships with state, local, tribal, private, and nonprofit organizations to expand access for diverse populations. (D) Identifying and implementing improvements to existing programs to increase visitation and access by diverse populations, particularly minority, low- income, and disabled populations and tribal communities. (E) Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations. (F) Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new partnerships with diversity- serving and youth-serving organizations, urban areas, and programs. (G) Identifying possible staff liaisons to diverse populations. 8. Agrees that to the extent practicable, the project(s) will provide workforce education and training, contractor and job opportunities for disadvantaged communities (PRC §80001(b)(5)). 9. Certifies that the grantee shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this division in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but which is not available on an ongoing basis, shall not be considered when calculating a recipient’s annual expenditures. (PRC §80062(d)). 10. Certifies that the grantee has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide; and 11. Delegates the authority to the Director of Recreation & Community Services, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s); and 12. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. PASSED, APPROVED, and ADOPTED this 15th day of December, 2021. ________________________________ EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-046 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on December 15, 2021 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK ITEM NO. 14 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: December 15, 2021 SUBJECT: Consideration to Amend the Agreement with California Cleaning Maintenance for Citywide Janitorial Services SUMMARY The purpose of this staff report is to request for City Council to consider an amendment to the agreement with California Cleaning Maintenance for citywide janitorial services. RECOMMENDATION Staff recommends that the City Council to: 1. Approve an amendment to agreement with California Cleaning Maintenance for citywide janitorial services; and 2. Authorize Director of Recreation & Community Services to execute the Amendment; and 3. Authorize the Director of Finance to appropriate funds. FISCAL IMPACT There is a fiscal impact of $XX to the General Fund and $XX to the XXX Fund for a total of $12,210 for the current Fiscal Year. The adopted Budget for the current Fiscal Year has an allocation of $136,260 in fund 100-60-620-XXXX-XXXX with $XX per month and in fund XXX-60-620-XXXX-XXXX $XX per month. The subsequent Budget for FY 22/23 will be appropriated during the budget process. BACKGROUND At their September 16, 2020 City Council Meeting, the agreement with California Cleaning Maintenance for janitorial services was awarded. The lowest responsible bidder was California Cleaning Maintenance, which currently provides satisfactory janitorial services for city facilities. The contract is for three (3) years and provides an option for the City to extend the agreement for an additional one (1) year. Below is a summary of the bid proposals received during the RFP process: Company Name Regular Bid Monthly (all facilities) California Cleaning Maintenance 11,355.00 Omni Enterprise 15,520.00 United Maintenance Systems 21,140.00 Guaranteed Janitorial Service 45,436.00 At the height of the pandemic contractor was able to work with the City to only charge for facilities that were operational and open to the public. The contractor has requested for the City to consider to amend the compensation on agreement for the remainder of the term, to reflect an increase of $2,035.00 monthly effective January 1, 2022. The increase is due to special cleaning supplies to increase sanitation as per COVID-19 guidelines, supplies, and costs associated with staff retention. The new monthly fee will be increased from $11,355 per month to $13,390 per month which when compared to the bids received during the September 2020 RFP would still be the lowest responsible bidder. ALTERNATIVES The alternative would be not to approve the amendment. LEGAL REVIEW The City Attorney has reviewed the Amendment and approved it as to form. ATTACHMENT 1. Amendment 1 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT (“this Amendment”) is made and entered into by and between the CITY OF BALDWIN PARK, a municipal corporation (hereinafter “City”), and CALIFORNIA CLEANING MAINTENANCE, hereinafter “CONTRACTOR”): RECITALS A. As of September 16, 2020, City and Contractor entered into an Agreement to provide janitorial service (the “Agreement”). B. The parties desire to amend the Agreement for the compensation for term of the Agreement. NOW, THEREFORE, the Parties hereto do hereby agree as follows: 1. The fee shall be Thirteen Thousand Three Hundred Ninety Dollars ($13,390.00) per month. 2. Except as expressly stated herein, the terms and conditions of the Agreement shall remain in full force and effect. 3. This Amendment is effective on the date it is signed on behalf of City. CITY OF BALDWIN PARK Date:_______, 2021 By: _______________________ Manuel Carrillo Jr., Director of Recreation & Community Services CALIFORNIA CLEANING MAINTENANCE Date:_______, 2021 By: ___________________________ Carlos Valle, Owner STAFF REPORT ITEM NO. ________15_________ TO: Honorable Mayor and Members of the City Council FROM: Robert Manual Nacionales Tafoya, City Attorney DATE: December 15, 2021 SUBJECT: Report for the Steven McLean Settlement Agreement in the amount of $150,000 SUMMARY In or about early 2020, the former Chief Steve McLean, in a public zoom meeting, appeared to put his badge upon his desk and resign from his employment with the City of Baldwin Park. Forer Chief McLean later claimed that he was constructively terminated. On or about July 6, 2020, the City of Baldwin Park filed a civil complaint against former Chief Steve McLean for (1) Breach of Fiduciary Duty and Violation of Public Trust; (2) Fraud,; (3) Unjust Enrichment; and (4) Breach of Contract. On or about June 29, 2020, former Chief McLean filed a government claim against the City of Baldwin Park claiming the following: (1) Intentional Infliction of Emotional Distress; (2) RICO violations; (3) Wrongful Discharge; (4) Breach of Contract; and (5) Failure to provide information based on the Freedom of Information Act. Eventually, former Chief McLean filed a First Amended Cross Complaint against the City for (1) Defamation; (2) Retaliation and (3) Failure to Take Corrective Action. The litigation process began and the City aggressively defended against Steve McLean’s claims and aggressively prosecuted its own claims against Steve McLean. In or about October of 2020, the parties agreed to go to a nonbinding mediation. At the mediation, a mediator’s proposal was made to both parties to settle the case. A mediator’s proposal is when the parties cannot agree on a settlement at the mediation, and the mediator then makes a proposal that can be accepted or rejected by the parties. The mediator’s proposal was for $150,000. This proposal by the mediator would settle the case entirely, if accepted. Thus, the City would settle all of its claims against Steve McLean and Steve McLean would settle all of his claims against the City. The settlement proposed by the mediator did not assign liability of any kind whatsoever to either side. The mediator’s proposal was accepted by both sides. The settlement agreement expressly denied any liability on behalf of the City of Baldwin Park. This was an excellent settlement for the City given the previous lawsuits involving former Chief’s of Police employed by the City of Baldwin Park. This settlement was a mere fraction of what the City has paid in previous lawsuits filed by former Chief’s of Police. In addition, this settlement was achieved with minimal legal fees and without going to trial which would have increased the costs of this case by six figures. RECOMMENDATION Staff recommends that the City Council receive and file this report. FISCAL IMPACT The City’s General Fund will be used to pay the settlement amount in full. ALTERNATIVES Not applicable. LEGAL REVIEW This report has been reviewed and approved by the City Attorney. ATTACHMENTS 1. Settlement Agreement STAFF REPORT ITEM NO. ________16_________ TO: Honorable Mayor and Members of the City Council FROM: Enrique Zaldivar, CEO and Robert Manual Nacionales Tafoya, City Attorney DATE: December 15, 2021 SUBJECT: Report Regarding the Settlement of Baldwin Park’s Appeal of the Athens/MRF for $300,000. SUMMARY In or about 2018-2019, the City of Irwindale began seeking approvals to build a Materials Recovery Facility/Transfer Station (“MRF/TS”) facility in the City of Irwindale along the border with the City of Baldwin Park. There were numerous public meetings in Irwindale and the City of Baldwin Park regarding the MRF/TS. In 2018, City Council members, the Mayor and many Baldwin Park residents attended Irwindale City Council meetings to oppose the MRF/TS project because of the negative environmental impacts the MRF/TS facility would have on the City of Baldwin Park. Despite objections from Baldwin Park, the City of Irwindale went forward with the MRF/TS project without any modifications suggested by the City of Baldwin Park. In or about 2019, based on concerns regarding the environmental impacts of the MRF/TS, the City of Baldwin Park’s City Council voted in favor of filing a lawsuit against the City of Irwindale to challenge the adequacy of the Environmental Impact Report connected with the project. In 2019, the case went to trial and the trial court issued a Writ of Mandate in favor of the City of Baldwin Park. On August 20, 2020, the trial court awarded the City of Baldwin Park approximately $500,000 in legal fees from the City of Irwindale based on Baldwin Park prevailing in the trial court. The $500,000 payment was made to Baldwin Park by Irwindale. The City of Irwindale was ordered to go back and revise the Environmental Impact Report to address the deficiencies identified in the Court’s 2019 ruling. On February 24, 2021 and March 10, 2021, the City of Irwindale held meetings and re-certified the Revised EIR and re-issued the Project approvals. Based on Baldwin Park’s belief that Irwindale failed to properly rectify the previous EIR issues, the City of Baldwin Park’s City Council again voted to challenge the Revised EIR in court. The case was again heard by the trial court to determine whether the City of Irwindale properly followed the trial court’s Order regarding the EIR. After further briefing by both parties, and oral argument, on July 26, 2021, the trial court discharged the 2019 Writ, affirmatively finding that the Revised EIR adequately addressed the deficiencies identified in the 2019 ruling. After the ruling in Irwindale’s favor regarding the EIR, counsel for the City of Baldwin Park gave the City Council its options: (1) the City could end the case by doing nothing or (2) could appeal the case. Counsel for the City believed there were legitimate grounds for an appeal. The City Council voted to appeal the Court’s ruling discharging the Writ. On September 23, 2021, the City filed an appeal of the trial court’s July 26, 2021 Order discharging the Writ (the “Appeal”). After the Appeal was filed, at the direction of the City Council, the City, its CEO and General Counsel and Irwindale/Athens entered into settlement discussions. Ultimately, in order to avoid further litigation costs, the City of Baldwin Park decided to settle the matter on the following terms: the City agreed to dismiss its appeal and not further challenge the trial court’s ruling and in return Irwindale/Athens would pay into a Baldwin Park “Community Fund” an amount of $100,000 for three years ($300,000 total) to address the impacts to Baldwin Park resulting from the construction and operation of the MRF/TS. RECOMMENDATION Staff recommends that the City Council approve the settlement agreement and dismiss its appeal. FISCAL IMPACT TO THE CITY The City’s General Fund will receive $300,000 over three years. ALTERNATIVES The City Council may decide not to accept the settlement agreement and go forward with its appeal. LEGAL REVIEW This report has been reviewed and approved by the City Attorney. ATTACHMENTS 1. Settlement Agreement for Athens Page 1 of 6 SETTLEMENT AGREEMENT This Settlement Agreement and Mutual Release (“Agreement”) is made as of the Effective Date by and between the City of Baldwin Park (“City”), on the one hand, and Arakelian Enterprises, Inc. (“Athens”) on the other. City and Athens are sometimes referred to individually herein as a “Party” and collectively as the “Parties.” RECITALS A. Athens seeks to develop the Irwindale Materials Recovery Facility/Transfer Station (“MRF/TS” or “Irwindale MRF” or “Project”) in the City of Irwindale (“Irwindale”). B. On the basis of concerns regarding the environmental impacts of the Irwindale MRF, the City filed a lawsuit challenging the adequacy of the Environmental Impact Report (“EIR”) prepared for the Irwindale MRF (City of Baldwin Park v. City of Irwindale, Los Angeles Superior Court Case Nos. BS163400 and BS171622, the “Lawsuit”). A companion case was filed by petitioners Waste Management Collection and Recycling, Inc. (Waste Management Collection and Recycling, Inc. v. City of Irwindale, et al., Los Angeles Superior Court Case Nos. BS163450 and BS171509). C. In 2019, the trial court issued its ruling in the City of Baldwin Park and Waste Management cases (“2019 Ruling”). Subsequent to issuing its 2019 Ruling, the trial court issued a writ of mandate (the “2019 Writ”). On August 20, 2020, the trial court granted the City’s motion for attorneys’ fees in the amount of $500,000.00. That fee award has been paid and is not part of this Settlement. D. As directed by the 2019 Writ, Irwindale set aside and vacated the Project approvals. Also as directed by the 2019 Writ, Irwindale prepared a revised EIR that addressed the deficiencies identified in the 2019 Ruling (the “Revised EIR”). At meetings held on February 24, 2021 and March 10, 2021, Irwindale re-certified the Revised EIR and re-issued the Project approvals (the “Revised Project Approvals”). E. On July 26, 2021, the trial court discharged the 2019 Writ, affirmatively finding that the Revised EIR adequately addressed the deficiencies identified in the 2019 Ruling. F. On September 23, 2021, the City filed an appeal of the trial court’s July 26, 2021 order discharging the 2019 Writ (the “Appeal”). G. The City has determined that the promises and covenants set forth in this Agreement address each of the City’s concerns regarding the EIR which resulted in the City ’s filing of the Lawsuit and the Appeal. NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND COVENANTS SET FORTH HEREIN BELOW, AND FOR OTHER GOOD AND SUFFICIENT CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS: Page 2 of 6 -2- AGREEMENT 1. Incorporation of Recitals. Each of the foregoing recitals is incorporated by reference herein, and by this reference expressly made a part of this Agreement. 2. Effective Date of Agreement. This Agreement shall be effective upon execution by all Parties of this Agreement (“Effective Date”). 3. Dismissal of Lawsuit. Within ten (10) business days of the Effective Date, the City shall file, and serve upon Athens, an abandonment or dismissal of the Lawsuit with prejudice, inclusive of the Appeal, in the superior court, whichever is appropriate. 4. Non-Objection. Subject to the exception set forth in Paragraph 8 below, the Parties further agree as follows: “MRF/TS” or “Irwindale MRF” or “Project” as used in this Agreement and defined above, includes any acts or omissions arising from the design, planning, development, construction, completion, or operation of the Irwindale MRF, including without limitation any existing entitlements, permits, approvals, and land use procedures relating to the foregoing. From and after the Effective Date of this Agreement, City hereby agrees that City shall not (legally, administratively, legislatively or otherwise) contest, challenge, oppose, or appeal the Project, including existing Project entitlements, permits, approvals, or land use procedures (whether discretionary, ministerial, legislative, quasi-legislative, or adjudicative) (collectively “Objection”) before any court or any other local, regional, state, or federal authority, agency, or body with jurisdiction over the Project, or otherwise. Further, City agrees not to bring or support, directly or indirectly, any litigation, claim, cause of action or other proceeding challenging the Project and its approvals, or otherwise be adverse to the Project. 5. Community Fund Contributions. Upon commencement of MRF/TS construction or by June 30, 2022, whichever is earlier (the “Initial Payment Date”), Athens will make annual payments to a City Community Fund of $100,000 for the following three (3) years (each annual payment being a “Community Fund Payment”), for a total contribution of $300,000. The City intends to use the Community Fund to address impacts on the City resulting from the construction and operation of the Irwindale MRF. Athens will make the second and third Community Fund Payments on the anniversary date in 2023 and 2024 of the Initial Payment Date. In the event of a City breach of this Agreement prior to the payment by Athens of the final Community Fund Payment, Athens shall make no further Community Fund Payments. 6. Meet and Confer. The Parties agree to meet and confer from time to time, to discuss (i) prior to completion of construction of the Irwindale MRF, issues related to impacts caused by the construction and (ii) at any time, issues related to the operation of the Irwindale MRF on the City and the potential City use of the Irwindale MRF, including but not limited to whether the City would be willing to direct waste to the Irwindale MRF at its discretion. 7. Option to Use Irwindale MRF for City Waste Delivery. Athens hereby grants the City an option to use the Irwindale MRF for City waste (the “Option”). The Option shall be effective for three (3) years following the Effective Date. Should City elect to exercise the Option, the Parties will negotiate the terms of a separate agreement wherein the City may deliver solid waste to the Irwindale MRF (“City Waste Delivery”), and Athens shall accept such City Waste Page 3 of 6 -3- Delivery, subject to the fees for such acceptance then in effect and as adjusted by Athens and for a duration determined by Athens and the City, provided that Athens has determined, in Athens’ sole and absolute discretion, that the Irwindale MRF has capacity to accept such City Waste Delivery. Should Athens determine that the Irwindale MRF has capacity to accept City Waste Delivery, Athens shall accept City Waste Delivery from any hauler. 8. Material Project Modifications. In the event that Athens or Irwindale materially modifies the Project, City shall maintain its right to object, oppose or challenge any such Material Project Modification, notwithstanding the Non-Objection provisions of Paragraph 4 of this Agreement. For purposes of this Agreement, a material modification or change to the Project is solely one that (i) results in significant changes to the ingress and egress of trucks into and out of the Irwindale MRF or (ii) increases the Irwindale MRF’s anticipated maximum daily capacity of 6,000 tons per day by more than ten percent (10%) (“Material Project Modifications”). Any City objection to, opposition of, or challenge of a non-material modification or change to the Project shall constitute a breach of Paragraph 4 of this Agreement. 9. Dispute Resolution. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, including enforceability of the Agreement, shall be governed by California law. In the event of a dispute between the Parties, the aggrieved Party shall notify the other Party and provide a detailed description of the alleged problem. The Parties agree to use reasonable efforts to resolve such dispute by good faith negotiations and mutual agreement. In the event such informal resolution is not successful within one month of the alleged breach, the Parties agree to submit any controversy, claim or dispute arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, to private and confidential arbitration by a single neutral arbitrator in Los Angeles County, California. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures (Streamlined Arbitration Rules & Procedures) (“Rules”). The arbitrator shall be appointed by agreement of the Parties hereto or, if no agreement can be reached, by JAMS pursuant to its Rules. The decision of the arbitrator shall be final and binding on all Parties to this Agreement, and judgment on the award may be entered in any court having jurisdiction. The costs of the arbitration, including reasonable attorneys’ fees, shall be paid by the Party against whom the arbitrator rules. This arbitration procedure is intended to be the sole and exclusive method of resolving any controversy, claim or dispute arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof. 10. Entire Agreement. This Agreement constitutes the entire agreement between the Parties hereto and it is expressly understood and agreed that this Agreement may not be altered, amended, modified, or otherwise changed in any respect except by a writing duly executed and authorized by each of the Parties. The Parties agree that no representations or inducements of any kind have been made by any Party to another and no matter extraneous to this Agreement has been relied upon by any Party as an inducement or otherwise, either verbal or written, and all previous communications between the Parties, and their principals and agents, are deemed to be of no effect and are superseded by the terms of this Agreement. This Agreement, constitutes the entire agreement between the Parties relating to the subject hereof, and all other prior agreements, arrangements or understandings, oral or written, are merged into and superseded by the terms of this Agreement. Page 4 of 6 -4- 11. California Law. This Agreement shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties shall be governed by, and construed and enforced in accordance with, the laws of the State of California. 12. Counterpart Execution. This Agreement may be executed in multiple counterparts which, when taken together, shall be deemed to constitute one original agreement. This Agreement may be executed by transmitting an executed signature page to the other Parties by facsimile or email. This Agreement shall not be binding on any Party until all Parties have executed and delivered a copy of the Agreement to all other Parties. 13. Waiver, Modification, and Amendment. No provision of this Agreement may be waived unless in writing signed by all Parties hereto. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. This Agreement may be modified or amended only by a written agreement executed by the Parties affected thereby. 14. Attorney’s Fees and Costs on Appeal and for Negotiation and Drafting of This Settlement Agreement. The Parties agree to bear their own costs and attorney’s fees incurred in the negotiation and drafting of this Agreement and the Appeal. 15. Enforcement Costs. Should any legal action be required to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which that Party may be entitled. As used herein, the “prevailing party” shall be the party determined as such by a court of law pursuant to the definition in Code of Civil Procedure section 1032(a)(4), as it may be subsequently amended. 16. Compliance with All Laws. Nothing in this Agreement shall be construed to constrain or limit the City’s ability to comply with the law, including but not limited to the California Public Records Act, or limit the City’s ability to abate odor-related nuisance in accordance with the City of Baldwin Park Municipal Code. 17. City Approval. The City shall approve this Agreement by way of an agenda item on a public agenda at a regularly noticed City Council meeting in accordance with the Brown Act and shall provide copies of this Agreement in accordance therewith, and to persons requesting the Agreement in accordance with the California Public Records Act. 18. Further Assurances. The Parties agree to take such further actions and execute such further documents as may be necessary or appropriate in order to fully implement or carry out the purpose or intent of this Agreement. 19. Headings. Titles and headings of this Agreement are for convenience and identification only, and shall not be deemed to limit, amplify, or define the contents of the respective sections or paragraphs to which they pertain. 18. Drafting of Agreement. The Parties represent, warrant, and agree that the terms set forth in this Agreement are the result of all Parties’ discussion and input, and thus, all Parties shall be deemed to be equal drafters of this Agreement and any uncertainty or ambiguity existing herein shall not be interpreted against any of the Parties, but the Agreement otherwise shall be interpreted according to the application of the rules on interpretation of contracts. Page 5 of 6 -5- 19. Partial Invalidity. If any non-material provision in this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 20. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized by law and existing; (ii) the signatories are duly authorized to execute and deliver this Agreement on behalf of said Party and to bind that Part y, including its directors, officers, members, managers, agents, successors and assigns; (iii) by so executing this Agreement, such Party is formally bound to its provisions; and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. Each of the Parties represents and warrants that they have not assigned nor subrogated any of their rights, claims or causes of action released pursuant to this Agreement, or authorized any other person or entity to assert such claims on their behalf. 21. Advice of Counsel. Each of the Parties to this Agreement represents and warrants that it/he/she: (a) has been or has had the opportunity to be represented by legal counsel with respect to the negotiation of this Agreement; (b) has been or has had the opportunity to be advised by legal counsel as to its respective rights and obligations with respect to this Agreement; and (c) has had the opportunity to participate in the review and drafting of this Agreement. 22. Notices. Any notice, demand, request, document, consent, approval, or communication that any Party to this Agreement desires or is required to give to the other Parties or any other person or entity regarding this Agreement shall be in writing and either served personally, sent by prepaid certified first-class mail, or by electronic mail as indicated below to: If to Athens: Arakelian Enterprises, Inc., dba Athens Services 4048 Valley Blvd City of Industry, CA 91746 Attn: Daniel Navabpour Email: DNavabpour@athensservices.com Tel.: (626) 665-7492 23. Successors and Assigns. This Agreement and all terms and provisions shall inure to the benefit of and be binding upon the heirs, legal representatives, successors, assignees and delegees of the Parties hereto. Any heir, legal representative, successor, assignee or delegee shall be fully bound by each and every applicable term and condition of this Agreement, as though a signatory thereto. [Signatures on following page] Page 6 of 6 -6- IN WITNESS WHEREOF, the undersigned have executed this Settlement Agreement and Mutual Release: DATED: ____ __, 2021 CITY OF BALDWIN PARK ________________________________________________ By: Enrique C. Zaldivar, P.E. Its: Chief Executive Officer/City Manager DATED: ____ __, 2021 CITY OF BALDWIN PARK ________________________________________________ By: Emmanuel J. Estrada Its: Mayor DATED: ____ __, 2021 ARAKELIAN ENTERPRISES, INC. ________________________________________________ By:_____________________________________________ Its:_____________________________________________ 400901250.1 STAFF REPORT ITEM NO. ________SA-1_________ 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: December 15, 2021 SUBJECT: Treasurer’s Report – October 2021 SUMMARY Attached is the Treasurer’s Report for the month of October 2021. 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 the Board receive and file the Treasurer’s Report for October 2021. 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 ITEM NO. SA-2 STAFF REPORT 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: December 15, 2021 SUBJECT: APPROVAL OF THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 22-23) FOR THE PERIOD FROM JULY 1, 2022 TO JUNE 30, 2023 AND ADMINISTRATIVE BUDGET SUMMARY With the dissolution of local redevelopment agencies, the current state law requires the City Council acting as the governing body of the Successor Agency (SA) to the Dissolved Community Development Commission of the City of Baldwin Park (“CDC”) with respect to redevelopment agency matters to review and approve an annual Recognized Obligation Payment Schedule (ROPS). After review and approval by the City Council acting as the Successor Agency, the ROPS must be approved by the Oversight Board and submitted to the County Auditor-Controller, the State Department of Finance (DOF), and the State Controller’s Office. The Successor Agency is also required to approve an administrative budget in an amount not to exceed the maximum permitted under the Redevelopment Dissolution Act. Attached is the ROPS 22-23 for the period from July 1, 2022 through June 30, 2023 and the Administrative Budget for Fiscal Year 2022-23 for the Successor Agency’s Board approval. RECOMMENDATION Staff recommends the City Council, as governing body of the SA: 1. Approve the ROPS 22-23 and SA Resolution No. 2021-003 for the period of July 1, 2022 through June 30, 2023; and, 2. Adopt the Successor Agency Administrative Budget for Fiscal Year 2022-23; and, 3. Direct staff to proceed with submitting the final ROPS 22-23 to the LA County First District Consolidated Oversight Board for approval no later than January 10, 2022; and, 4. Send the approved ROPS 22-23 to the County Executive Office, County Auditor Controller, the State Controller, and DOF by February 1, 2022; and, 5. Instruct staff to post the approved ROPS 22-23 on the City’s website. FISCAL IMPACT There is no fiscal impact to the General Fund. The SA is requesting to receive $1,104,767 for the Fiscal Year 2022-23 enforceable obligations from the Redevelopment Property Tax Trust Fund (RPTTF) distributed by the County of Los Angeles per AB 26. However, these amounts are subject to approval of the California Department of Finance (DOF). LEGAL REVIEW The City Attorney has reviewed as to form. BACKGROUND/DISCUSSION Assembly Bill X1 26 (“AB 26”) was drafted with recognition that redevelopment agencies had a variety of debts and obligations that still must be met in order to avoid causing harm to the persons to whom those debts and Page 2 obligations are owed. Successor agencies are supposed to receive tax revenues from the county auditors in order to ensure those obligations, referred to in AB 26 as “enforceable obligations,” will be met. In order to enable the County of Los Angeles to determine how much tax revenue a successor agency needs to meet its enforceable obligations; AB 26 requires the preparation of a series of schedules of enforceable obligations. Under AB 26, a ROPS must be prepared and presented to the City Council as the governing body of the successor agency for approval for each six-month period, from January 1 through June 30 and from July 1 through December 31, until all of the Commission’s enforceable obligations have been paid in full. However, pursuant to the recently adopted SB 107, a single annual ROPS must now be submitted for each fiscal year from July 1 through June 30. The approved ROPS is then submitted to the LA County First District Consolidated Oversight Board for approval. Following Oversight Board approval, the ROPS is sent to the Department of Finance and other agencies. On June 27, 2012, AB 1484 was enacted providing technical amendments, new rules and new deadlines for the redevelopment dissolution process. As such, the SA must submit an Oversight Board approved ROPS 22-23 for the period of July 1, 2022 through June 30, 2023 to the DOF no later than February 1, 2022. If the ROPS is not submitted on time, there will be a civil penalty of $10,000 per day for every day that the ROPS is not submitted to the DOF. The penalty is to be paid to the County Auditor-Controller for distribution to the taxing entities. The SA must notify the County Executive Officer, the County Auditor Controller, and DOF, at the same time the SA submits a proposed action to the Oversight Board for approval. Also, all actions taken by the Oversight Board must be adopted by resolution. ALTERNATIVES State Law requires the City Council acting as Board Members of the SA to the Dissolved Community Development Commission to approve the ROPS 22-23 in order for the City to pay for CDC’s obligations and administrative costs. If the ROPS 22-23 are not approved and submitted to the DOF by February 1, 2022 there is civil penalty of $10,000 a day until it is submitted. In addition, the SA would be unable to pay the obligations. This would cause former RDA bonds to go into default. ATTACHMENT 1) ROPS 22-23 for the period from July 1, 2022 to June 30, 2023 2) RESOLUTION NO. SA OB 2021-003 3) Successor Agency Administrative Budget FY 2022-23 Recognized Obligation Payment Schedule (ROPS 22-23) - Summary Filed for the July 1, 2022 through June 30, 2023 Period Successor Agency: Baldwin Park County: Los Angeles Current Period Requested Funding for Enforceable Obligations (ROPS Detail) 22-23A Total (July - December) 22-23B Total (January - June) ROPS 22-23 Total A Enforceable Obligations Funded as Follows (B+C+D) $ 818,156 $ - $ 818,156 B Bond Proceeds - - - C Reserve Balance 818,156 - 818,156 D Other Funds - - - E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 128,978 $ 975,789 $ 1,104,767 F RPTTF 53,188 900,000 953,188 G Administrative RPTTF 75,790 75,789 151,579 H Current Period Enforceable Obligations (A+E) $ 947,134 $ 975,789 $ 1,922,923 Certification of Oversight Board Chairman: Name Title Pursuant to Section 34177 (o) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency. /s/ Signature Date Baldwin Park Recognized Obligation Payment Schedule (ROPS 22-23) - ROPS Detail July 1, 2022 through June 30, 2023 A B C D E F G H I J K L M N O P Q R S T U V W Item # Project Name Obligation Type Agreement Execution Date Agreement Termination Date Payee Description Project Area Total Outstanding Obligation Retired ROPS 22-23 Total ROPS 22-23A (Jul - Dec) 22-23A Total ROPS 22-23B (Jan - Jun) 22-23B Total Fund Sources Fund Sources Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF $22,819,160 $1,922,923 $- $818,156 $- $53,188 $75,790 $947,134 $- $- $- $900,000 $75,789 $975,789 36 Pass Through Agreement City/County Loan (Prior 06/28/11), Other 11/06/ 1984 08/01/2021 Los Angeles County Outstanding County Deferral- Reimbursement Agreement #48883 from the County Statement as of 6/30/21 Puente Merced 4,045,033 N $- - - - - - $- - - - - - $- 37 Pass Through Agreement City/County Loan (Prior 06/28/11), Other 10/13/ 1982 08/01/2019 Los Angeles County Outstanding County Deferral- Reimbursement Agreement #42823 from the County Statement as of 6/30/20 Central Business District 3,090,664 N $- - - - - - $- - - - - - $- 38 Pass Through Agreement City/County Loan (Prior 06/28/11), Other 03/04/ 1987 09/02/2030 Los Angeles County Outstanding County Deferral- Reimbursement Agreement #56563 from the County Statement as of 6/30/20 Sierra Vista 8,567,322 N $- - - - - - $- - - - - - $- 40 Administration Cost Admin Costs 07/01/ 2018 06/30/2031 City of Baldwin Park Administration cost for carrying out existing obligations and winding down the former RDA San Gabriel River, Puente Merced, Central Business District, Delta, Sierra Vista 151,579 N $151,579 - - - - 75,790 $75,790 - - - - 75,789 $75,789 49 City Loan City/County 01/25/09/02/2030 City of Loan from City San - N $- - - - - - $- - - - - - $- A B C D E F G H I J K L M N O P Q R S T U V W Item # Project Name Obligation Type Agreement Execution Date Agreement Termination Date Payee Description Project Area Total Outstanding Obligation Retired ROPS 22-23 Total ROPS 22-23A (Jul - Dec) 22-23A Total ROPS 22-23B (Jan - Jun) 22-23B Total Fund Sources Fund Sources Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Loan (Prior 06/28/11), Other 2011 Baldwin Park of Baldwin Park for Administration Cost for carrying out former RDA activities from 2003 through 2012. It was reaffirmed through Resolution 461 on January 25, 2011. Gabriel River, Puente Merced, Central business District, Delta, Sierra Vista 55 Tax Allocation Refunding Bonds, Series 2017 Refunding Bonds Issued After 6/27/12 05/16/ 2017 09/01/2030 US Bank Refinanced 4 OS bonds listed on item 4, 5, 6, 7 (1998 Series San Gabriel River TAB, 2003 Series Sales Tax & Tax Allocation Refunding Bonds, 1990 Series A Revenue TAB, 2000 Merged Project Refunding Bond) San Gabriel River, Puente Merced, Central Business District, Delta, Sierra Vista 6,130,288 N $937,070 - 818,156 - 48,688 - $866,844 - - - 70,226 - $70,226 56 Tax Allocation Refunding Bonds, Series 2017 Reserves 05/16/ 2017 09/02/2030 US Bank Refinanced 4 OS bonds listed on item 1, 2, 3, 4 (1998 Series San Gabriel River TAB, 2003 Series Sales Tax & Tax Allocation Refunding Bonds, 1990 Series A Revenue TAB, San Gabriel River, Puente Merced, Central Business District, Delta, Sierra Vista 829,774 N $829,774 - - - - - $- - - - 829,774 - $829,774 A B C D E F G H I J K L M N O P Q R S T U V W Item # Project Name Obligation Type Agreement Execution Date Agreement Termination Date Payee Description Project Area Total Outstanding Obligation Retired ROPS 22-23 Total ROPS 22-23A (Jul - Dec) 22-23A Total ROPS 22-23B (Jan - Jun) 22-23B Total Fund Sources Fund Sources Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF 2000 Merged Project Refunding Bond) 57 Bond Arbitrage Rebate Services Fees 01/10/ 2018 09/01/2030 Wildan Financial Services Arbitrage Rebate Services San Gabriel River, Puente Merced, Central Business District, and Merged Project Area - N $- - - - - - $- - - - - - $- 58 Bond Fiscal Trust Fees Fees 05/16/ 2017 09/01/2030 US Bank Annual Fiscal Agent/Trustee fees San Gabriel River, Puente Merced, Central Business District, and Merged Project Area 2,000 N $2,000 - - - 2,000 - $2,000 - - - - - $- 60 Bond Disclosure Fees for FY 2020-21 Professional Services 01/11/ 2019 01/31/2031 Harrell & Company Advisors, LLC Bond Disclosure Fees 2,500 N $2,500 - - - 2,500 - $2,500 - - - - - $- Baldwin Park Recognized Obligation Payment Schedule (ROPS 22-23) - Report of Cash Balances July 1, 2019 through June 30, 2020 (Report Amounts in Whole Dollars) Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. A B C D E F G H ROPS 19-20 Cash Balances (07/01/19 - 06/30/20) Fund Sources Comments Bond Proceeds Reserve Balance Other Funds RPTTF Bonds issued on or before 12/31/10 Bonds issued on or after 01/01/11 Prior ROPS RPTTF and Reserve Balances retained for future period(s) Rent, grants, interest, etc. Non-Admin and Admin 1 Beginning Available Cash Balance (Actual 07/01/19) RPTTF amount should exclude "A" period distribution amount. 1,908,824 1,157,402 2 Revenue/Income (Actual 06/30/20) RPTTF amount should tie to the ROPS 19-20 total distribution from the County Auditor-Controller 105,887 - 2,297,296 3 Expenditures for ROPS 19-20 Enforceable Obligations (Actual 06/30/20) 2,014,222 1,157,402 1,113,320 4 Retention of Available Cash Balance (Actual 06/30/20) RPTTF amount retained should only include the amounts distributed as reserve for future period(s) 489 - 1,183,376 Reserved for September 2020 Debt Service Payment (per Indenture Exhibit C) 5 ROPS 19-20 RPTTF Prior Period Adjustment RPTTF amount should tie to the Agency's ROPS 19-20 PPA form submitted to the CAC No entry required - 6 Ending Actual Available Cash Balance (06/30/20) C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5) $- $- $- $- $600 Baldwin Park Recognized Obligation Payment Schedule (ROPS 22-23) - Notes July 1, 2022 through June 30, 2023 Item # Notes/Comments 36 37 38 40 49 55 56 57 58 60 SA OB RESOLUTION NO. 2021-003 A RESOLUTION OF THE LOS ANGELES COUNTY FIRST SUPERVISORIAL DISTRICT CONSOLIDATED OVERSIGHT BOARD APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) 22-23 FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2023 FOR THE SUCCESSOR AGENCY OF THE FORMER REDEVELOPEMENT AGENCY TO THE CITY OF BALDWIN PARK WHEREAS, pursuant to ABx 1 26, enacted on June 28, 2011, and as subsequently amended by AB 1484, SB 341, and SB 107 ("Dissolution Act"), the Redevelopment Agency to the City of Baldwin Park was dissolved as of February 1, 2012, and the City of Baldwin Park elected to serve as the Successor Agency to the former Redevelopment Agency to the City of Baldwin Park. WHEREAS, pursuant to Health and Safety Code Section 34179 (q), commencing on and after July 1, 2018, the County of Los Angeles, where more than 40 oversight boards were created by the Dissolution Act, shall have five consolidated oversight boards each encompassing the five supervisorial districts; WHEREAS, the First Supervisorial District Consolidated Oversight Board ("Oversight Board") has jurisdiction over the Successor Agency of the Former Redevelopment Agency to the City of Baldwin Park. WHEREAS, the First Supervisorial District Consolidated Oversight Board held a regular/special meeting on January 10, 2022. WHEREAS, the Oversight Board to the Successor Agency to the dissolved Community Development Commission of the City of Baldwin Park (the "Oversight Board") has been appointed pursuant to the provisions of Health & Safety Code Section 34179; and, WHEREAS, Section 34177 requires each Successor Agency to prepare a draft Recognized Obligation Payment Schedule (“ROPS”) and section 34180 requires the Oversight Board to approve same, after which it is to be transmitted to the County Administrative Officer, the County Auditor-Controller, the State Controller and the State Department of Finance (“DOF”); and, WHEREAS, Section 34177(o) provides that each ROPS shall be forward looking to the next one year; and, WHEREAS, the County will not make any payments of property taxes to the Successor Agency for use in payment of the obligations listed on the ROPS until the ROPS has been approved by the Oversight Board. Any delay in such payment could impair the Successor Agency’s ability to make payments for the enforceable obligations; and, WHEREAS, on December 15, 2021, the City of Baldwin Park Successor Agency approved the ROPS 22-23 for the period July 1, 2022 through June 30, 2023, and a copy of ROPS 22-23 is attached; and, WHEREAS, the Successor Agency must submit an Oversight Board approved ROPS for the period of July 1, 2022 through June 30, 2023, to the DOF no later than February 1, 2022; and, WHEREAS, per AB 1484, all actions taken by the Oversight Board must be adopted by resolution. NOW THEREFORE, THE LOS ANGELES COUNTY FIRST SUPERVISORIAL DISTRICT CONSOLIDATED OVERSIGHT BOARD DOES HEREBY RESOLVE AND FIND AS FOLLOWS: SECTION 1. The ROPS 22-23 for the period of July 1, 2022 through June 30, 2023 attached hereto as Attachment 3 is hereby approved. SECTION 2. Successor Agency staff is directed to provide a copy of this Resolution along with the approved ROPS to the County Executive Officer, the County Auditor-Controller, the State Controller’s Office, and the State Department of Finance. PASSED, APPROVED AND ADOPTED this 15th day of December, 2021, by the following vote: Ayes: Noes: Abstain: Absent: _______________________________ Steve Koffroth Chair First District Consolidated Oversight Board ATTEST: _________________________________ Cesar Hernandez, Deputy Clerk First District Consolidated Oversight Board Admin Cost Hourly Rate SA Hours % of Time spent on SA Successor Agency: Non-Housing Personnel Cost City Council 4,625$ N/A N/A 2.00% City Treasurer $ 794 N/A N/A 2.00% City Clerk $ 794 N/A N/A 2.00% Deputy City Clerk $ 1,657 $ 69.03 24 1.00% Chief Executive Officer $ 5,613 $ 187.09 30 1.00%Director of Community Development $ 6,872 $ 134.74 51 2.00% Management Analyst $ 1,981 $ 61.90 32 2.00% Personnel Risk Manager $ 1,635 $ 109.01 15 1.00% Personnel Technician $ 984 $ 54.66 18 1.00% Director of Finance $ 48,127 $ 150.40 320 15.00% Accounting Manager $ 4,712 $ 100.25 47 2.00% Accountant $ 1,842 $ 59.41 31 1.00% Accountant $ 4,274 $ 59.37 72 3.00% Management Assistant $ 5,748 $ 57.48 100 5.00% Payroll Specialist $ 2,959 $ 51.91 57 3.00% Sr. Finance Clerk $ 1,178 $ 49.07 24 1.00% Sr. Finance Clerk $ 1,196 $ 49.82 24 1.00% Finance Clerk $ 958 $ 39.91 24 1.00% Total Personnel Cost $ 95,949 Operating Administrative Costs Consulting Services (Harrell & Co Advisors, LL) 2,000 Legal Fee 5,000 Audit Fee 7,350 Facility Rental 15,000 Information & Support Services Charges 10,380 Internal Insurance Charges 15,000 Oversight Board (Copies, Printing, & Supplies) 600 Training 300 Total Operating Administrative Costs $ 55,630 Total Successor Agency Administrative Budget for FY 2021-22 $ 151,579 City of Baldwin Park Successor Agency Administrative Budget for Fiscal Year 2022-23 STAFF REPORT ITEM NO. ________17_________ TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer Lourdes Morales, Chief Deputy City Clerk DATE: December 15, 2021 SUBJECT: Reorganization of the City Council – Selection of Mayor Pro Tempore SUMMARY The purpose of this report is to complete the reorganization of the City Council with the selection of a new Mayor Pro Tempore as spelled out in the Baldwin Park Municipal Code. RECOMMENDATION Staff recommends City Council complete the reorganization of the City Council and follow procedures as suggested for the selection of Mayor Pro Tempore as follows: 1. The City Clerk opens the nominations for the office of Mayor Pro Tempore. Any Councilmember may nominate and no second to the nomination is required; and 2. After receiving nominations, the City Clerk closes the nominations; and 3. The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the order in which nominations are received until a Mayor Pro Tempore is elected by majority vote. FISCAL IMPACT There is no fiscal impact associated with this item. BACKGROUND In accordance with Ordinance No. 1249, which established section 30.02 it is appropriate at this time to reorganize the City Council and select one of its members as Mayor Pro Tempore. Attachment 1 shows the recent rotation of Mayor Pro Tem. § 30.02 COUNCIL REORGANIZATION. The Council shall reorganize and select one of its members as Mayor Pro Tempore, on the following occasions: (A) In even-numbered years at the Council meeting at which the canvass of the results of the general municipal election are declared. (B) In odd-numbered years at the first regular meeting conducted in the month of December. (C) At such other times as a majority of the City Council shall order. ALTERNATIVES None LEGAL REVIEW This report has been reviewed and approved by the City Attorney. ATTACHMENTS 1. Mayor Pro Tempore Roster CITY OF BALDWIN PARK ROSTER OF MAYORS AND MAYOR PRO TEM’S MAYOR APPOINTED MAYOR PRO TEM APPOINTED Henry J. Littlejohn January 25, 1956 Lynn H. Cole January 1956 Hub H. Bloxham April 17, 1956 to March 4, 1957 Henry J. Littlejohn April 1956 Henry J. Littlejohn June 3, 1957 Lynn H. Cole June 1957 Lynn H. Cole April 15, 1958 Henry J. Littlejohn April 1958 Lynn H. Cole April 1959 Henry J. Littlejohn April 1959 Lynn H. Cole April 19, 1960 Letcher Bishop April 1960 Letcher Bishop June 19, 1961 Henry J. Littlejohn April 1961 Letcher Bishop April 10, 1962 Donald V. Holmes April 1962 Hub H. Bloxham April 17, 1963 Donald V. Holmes April 1963 Charles E. Morehead April 21, 1964 Adelina Gregory April 1964 Ivory D. Crites April 20, 1965 Adelina Gregory April 1965 Joseph McCaron April 19, 1966 Charles E. Morehead April 1966 Charles E. Morehead April 5, 1967 Ivory D. Crites April 1967 Joseph McCaron April 17, 1968 Charles E. Morehead April 1968 Joseph McCaron April 16, 1969 Charles E. Morehead April 1969 Joseph McCaron April 14, 1970 Adelina Gregory April 1970 Adelina Gregory April 7, 1971 Russell E. Blewett April 1971 Russell E. Blewett April 18, 1972 Leo W. King April 1972 Leo W. King April 17, 1973 Virgil V. Hamilton April 1973 Virgil V. Hamilton March 12, 1974 Adelina Gregory March 1974 Virgil V. Hamilton March 5, 1975 Joseph McCaron March 1975 Emmit R. Waldo (Recalled 11/22/77) March 9, 1976 Jerry R. Kitchel (Recalled 11/22/77) March 1976 Russell E. Blewett December 2, 1977 Virgil V. Hamilton December 1977 Russell E. Blewett (Resigned 10/18/78) March 14, 1978 Jack B. White March 1978 Jack B. White November 1, 1978 Robert H. McNeill November 1978 Jack B. White March 7, 1979 Felipe Aguilar, Jr. March 1979 THE MAYOR BECAME A “DIRECTLY ELECTED BY THE PEOPLE” OFFICE IN 1980 MAYOR ELECTED MAYOR PRO TEM APPOINTED Jack B. White April 8, 1980 Robert H. McNeill Leo W. King April 1980 April 1981 Jack B. White April 13, 1982 Bobbie W. Izell Robert H. McNeill April 1982 April 1983 Roster of Mayors and Mayor Pro Tems Page 2 MAYOR ELECTED MAYOR PRO TEM APPOINTED Jack B. White April 10, 1984 Leo W. King April 1984 ** April 1986 Election Cancelled due to insufficient candidate filing - only incumbents filed ** Jack B. White (Recalled 3/31/87) Richard Gibson Richard Gibson April 1986 April 1987 Leo W. King July 21, 1987 Bobbie W. Izell August 1987 Leo W. King (Resigned 12/2/89) April 19, 1988 Julia S. McNeill Bette L. Lowes April 1988 April 1989 Bette L. Lowes April 17, 1990 Julia S. McNeill Juliia S. McNeill April 1990 April 1991 Fidel A. Vargas April 21, 1992 Martin Gallegos Martin Gallegos April 1992 April 1993 Fidel A. Vargas April 14, 1994 Raul Martinez Raul Martinez Teri Muse April 1994 April 1995 April 1996 Bette Lowes March 4, 1997 Teri Muse Manuel Lozano March 1997 March 1998 Manuel Lozano March 2, 1999 Wm. “Bill” Van Cleave Ricardo Pacheco March 1999 March 2000 Manuel Lozano March 6, 2001 Linda Gair Marlen Garcia March 2001 March 2002 Manuel Lozano March 4, 2003 Wm. “Bill” Van Cleave Ricardo Pacheco March 2003 *March 2004 to December 2005 *Term extended due to change in election date from March to November of Odd years Manuel Lozano November 8, 2005 David J. Olivas Marlen Garcia December 21, 2005 December 6, 2006 Manuel Lozano November 6, 2007 Anthony J. Bejarano Monica Garcia December 5, 2007 December 17, 2008 Manuel Lozano November 3, 2009 Ricardo Pacheco Marlen Garcia December 16, 2009 December 1, 2010 Manuel Lozano November 8, 2011 Susan Rubio Monica Garcia December 7, 2011 December 5, 2012 Manuel Lozano November 5, 2013 Ricardo Pacheco Cruz Baca December 4, 2013 December 3, 2014 Manuel Lozano November 3, 2015 Monica Garcia Susan Rubio December 16, 2015 December 7, 2016 Manuel Lozano November 3, 2015 (election moved to even # of years) Ricardo Pacheco Monica Garcia December 6, 2017 December 4, 2018 Manuel Lozano November 6, 2018 Paul C. Hernandez January 15,2020 Emmanuel Estrada November 3, 2020 Alejandra Avila December 2, 2020 AGENDA BALDWIN PARK FINANCE AUTHORITY REGULAR MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 December 15, 2021 7:00 PM THE COUNCIL CHAMBER WILL BE OPEN TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS Audio Streaming will be available at: https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Audio Streaming Simultaneously in Spanish will be available at: https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA Emmanuel J. Estrada - Chair Alejandra Avila - Vice Chair Daniel Damian - Board Member Monica Garcia - Board Member Paul C. Hernandez - Board Member PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. COMENTARIOS DEL PÚBLICO Se invita al público 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 esté bajo su jurisdicción. De acuerdo con el capítulo 39 del Código Municipal de la Ciudad de Baldwin Park, los comentaros deben se dirigidos al Concilio como una sola entidad, y no ser impertinentes, difamatorios, o profanos, o interrumpir la paz de la reunión. FINANCE AUTHORITY REGULAR MEETING – 7:00 PM CALL TO ORDER ROLL CALL Board Members: Daniel Damian, Monica Garcia, Paul C. Hernandez, Vice Chair Alejandra Avila, and Chair Emmanuel J. Estrada PUBLIC COMMUNICATIONS 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 SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2] If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 7:00 PM to 8:00 PM on December 15, 2021 to comments@baldwinpark.com. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, please indicate your request in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume. CONSENT CALENDAR 1. Treasurer’s Report – October 2021 Staff recommends that the Board receive and file the Treasurer’s Report for October 2021. ADJOURNMENT 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 lmorales@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) CERTIFICATION I, Marlen Garcia, 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 9th day of December, 2021. Marlen Garcia, City Clerk STAFF REPORT ITEM NO. ________1_________ TO: Honorable Chair and Board Members of the Financing Authority FROM: Rose Tam, Director of Finance DATE: December 15, 2021 SUBJECT: Treasurer’s Report – October 2021 SUMMARY Attached is the Treasurer’s Report for the month of October 2021. 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 the Board receive and file the Treasurer’s Report for October 2021. 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 AGENDA BALDWIN PARK HOUSING AUTHORITY REGULAR MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 December 15, 2021 7:00 PM THE COUNCIL CHAMBER WILL BE OPEN TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS. Audio Streaming will be available at: https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Audio Streaming Simultaneously in Spanish will be available at: https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA Emmanuel J. Estrada - Chair Alejandra Avila - Vice Chair Daniel Damian Board Member Monica Garcia - Board Member Paul C. Hernandez - Board Member PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. COMENTARIOS DEL PÚBLICO Se invita al público 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 esté bajo su jurisdicción. De acuerdo con el capítulo 39 del Código Municipal de la Ciudad de Baldwin Park, los comentaros deben se dirigidos al Concilio como una sola entidad, y no ser impertinentes, difamatorios, o profanos, o interrumpir la paz de la reunión. HOUSING AUTHORITY REGULAR MEETING – 7:00 PM CALL TO ORDER ROLL CALL Board Members: Daniel Damian, Monica Garcia, Paul C. Hernandez, Vice Chair Alejandra Avila, and Chair Emmanuel J. Estrada PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos será 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 SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2] If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 7:00 PM to 8:00 PM on December 15, 2021 to comments@baldwinpark.com. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, please indicate your request in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume. CONSENT CALENDAR 1. Baldwin Park Housing Authority’s Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. 2. Treasurer’s Report – October 2021 Staff recommends that the Board receive and file the Treasurer’s Report for October 2021. ADJOURNMENT 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 lmorales@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) CERTIFICATION I, Marlen Garcia, 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 bulletin board not less than 72 hours prior to the meeting. Dated this 9th day of December, 2021. Marlen Garcia, City Clerk STAFF REPORT ITEM NO. ________1_________ TO: Honorable Chair and Board Members of the Housing Authority FROM: Rose Tam, Director of Finance DATE: December 15, 2021 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 was $ 1,641.00. 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 November 5 to November 18,2021 Warant check Automated Clearing House (ACH) In the amount of $1641.00 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 STAFF REPORT ITEM NO. ________2_________ TO: Honorable Chair and Board Members of the Housing Authority FROM: Rose Tam, Director of Finance DATE: December 15, 2021 SUBJECT: Treasurer’s Report – October 2021 SUMMARY Attached is the Treasurer’s Report for the month of October 2021. 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 the Board receive and file the Treasurer’s Report for October 2021. 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