Loading...
HomeMy WebLinkAbout07.20.22 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, July 20, 2022 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 Posted: July 14, 2022. 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 July 20, 2022. Marlen Garcia, City Clerk AGENDA BALDWIN PARK CITY COUNCIL SPECIAL MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 July 20, 2022 5:00 PM 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 Daniel Damian - Mayor Pro Tem Alejandra Avila - 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: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Mayor Pro Tem Daniel Damian, 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 July 20, 2022 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 • Zocalo Study Session Presented by Director of Public Works Sam Gutierrez and LCDG RECESS TO CLOSED SESSION 1. Public Employment Pursuant to Government Code §54957: Position: Director of Community Development 2. 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) CITY COUNCIL SPECIAL MEETING – 5:00 P.M. 3. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Christopher Kuberry, Michael Hemmingway Case No. 22STCV07382 And Raymond Findley v. City of Baldwin Park Case Name: Jorge Huerta v. City of Baldwin Park Case No. 22PSCP00250 Case Name: ICRMA v. City of Baldwin Park Case No. 21PSCV00526 Case Name: Darryl Kosaka Workers Compensation Case No. 20-147689 Case Name: Darryl Kosaka Workers Compensation Case No. 20-146802 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 July 20, 2022. 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 July 20, 2022 7:00 PM 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 Daniel Damian - Mayor Pro Tem Alejandra Avila - 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: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Mayor Pro Tem Daniel Damian, 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 • New Staff Introduction – Assistant Planner, Jesus Astorga-Rios City Clerk Specialist, Krystal Roman • San Gabriel Valley Council of Governments (SGVCOG) Regional Food Recovery Program Presentation Presented by Director of Public Works Sam Gutierrez and Alex Fung SGVCOG Representative 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 July 20, 2022 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 – May2022 Staff recommends that the City Council receive and file the Treasurer’s Report for May 2022. 3. Claim Rejection Staff recommends that the City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s): Kasem, Alicia Claimant alleges economic damages and emotional distress. This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Councilmembers refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Councilmembers. 4. Nomination to Name Park Element of the Zocalo Park and Civic Center Plaza Project – Susan Rubio Staff recommends City Council consider the nomination to name the park element of the Zocalo Park and Civic Center Plaza Project or provide alternative direction. The official name to be Susan Rubio Zocalo Park and Civic Center Plaza. 5. Appropriate Additional Funds for Increase to Contract Price for Los Angeles County Department of Animal Care and Control Staff recommends that the City Council authorize the Finance Director to appropriate ARPA funds to cover the estimated additional cost of $110,606 and make necessary adjustments to the budget. 6. Consideration for Approval of a Memorandum of Agreement with the San Gabriel Valley Council of Governments (SGVCOG) to Participate in the Regional Food Recovery Program and Approve a Professional Services Agreement with Tripepi Smith for the Development of Community Outreach and Education Materials Supporting the Food Recovery Program and other Senate Bill 1383 Requirements Staff recommends that the City Council: 1. Authorize the Chief Executive Officer to execute the MOA between the City of Baldwin Park and the SGVCOG to participate in the Regional Food Recovery Program Expansion; and 2. Authorize the Chief Executive Officer to execute an agreement with Tripepi Smith to produce community outreach and education materials; and City Council Agenda Page 4 3. Authorize the Director of Finance to make the necessary appropriations and budget adjustments; and 4. Authorize the Director of Public Works to process the necessary documents. REPORTS OF OFFICER 7. FY 22-23 Fiscal Budget Amendment Review Staff recommends that the City Council: 1. Review the appropriate funding to cover costs for proposed requests and make necessary budget adjustments after consideration; and 2. Authorize the CEO and HR to meet and confer with the labor union(s) and bring back the item to the City Council at the next regularly scheduled meeting for adoption. 8. Approval of Resolution No. 2022-037 Ordering the Submission to the Qualified Electors of the City of Baldwin Park of a Certain Measure Relating to Campaign Contribution Limits and Penalties at the General Municipal Election to be held on Tuesday, November 8, 2022, as Called by Resolution No. 2022-025 Staff recommends that the City Council adopt Resolution No. 2022-037 entitled, “A Resolution of the City Council of the City of Baldwin Park, California, Ordering the Submission of the Qualified Electors of the City of a Certain Measure Relating to Campaign Contribution Limits and Penalties at the General Municipal Election to be held on Tuesday, November 8, 2022, as called by Resolution No. 2022-025” 9. Approval of Resolution No. 2022-038 Ordering the Submission to the Qualified Electors of the City of Baldwin Park of a Certain Measure Relating to an Increase in Sales Tax of ¾ Cent Transaction and Use (Sales) Tax to Benefit Baldwin Park Residents at the General Municipal Election to be held on Tuesday, November 8, 2022, as Called by Resolution No. 2022-025 Staff recommends that the City Council adopt Resolution No. 2022-038 entitled, “A Resolution of the City Council of the City of Baldwin Park, California, Ordering the Submission of the Qualified Electors of the City of a Certain Measure Relating to the institution a local ¾ cent transaction and use (sales) tax to be spent exclusively for services benefitting Baldwin Park residents at the General Municipal Election to be held on Tuesday, November 8, 2022, as called by Resolution No. 2022-025” 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 – May 2022 Staff recommends that the Board receive and file the Treasurer’s Report for May 2022. SA-2 Successor Agency To The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. City Council Agenda Page 5 CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION • None 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 15th day of July, 2022. 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: July 20, 2022 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 $613,887.31 and the attached General Warrants Register was $1,753,578.72 for a total amount of $2,367,466.03. 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 201474 to 201516 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 33723 to 33973 for the period June 12, 2022 through June 25, 2022 inclusive; these are presented and hereby ratified in the amount of $613,887.31. 2. General Warrants, with the bank drafts in the amount of $419,665.85 and checks from 236725 to 237036 in the amount of $1,333,912.87 for the period of June 16, 2022 to July 7, 2022, inclusive; in the total amount of $1,753,578.72 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: July 20, 2022 SUBJECT: Treasurer’s Report – May 2022 SUMMARY Attached is the Treasurer’s Report for the month of May 2022. 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 May 2022. 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: Enrique C. Zaldivar, Chief Executive Officer Laura J. Thomas, Human Resources & Risk Manager DATE: July 20, 2022 SUBJECT: Claim Rejection SUMMARY This report seeks City Council consideration and direction to reject the Claims for Damages to person or property received for filing against the City of Baldwin Park. RECOMMENDATION Staff recommends that the City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s): Kasem, Alicia Claimant alleges economic damages and emotional distress. This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Councilmembers refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Councilmembers. FISCAL IMPACT Fiscal impact is unknown at this time. BACKGROUND In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of motion and that the claimants are sent written notification of said action. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES There are no other alternatives for the Council to consider since rejection of the claims is necessary for the Statute of Limitations to begin on the claims received. ATTACHMENTS None ITEM NO. 4 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: July 20, 2022 SUBJECT: Nomination to Name Park Element of the Zocalo Park and Civic Center Plaza Project – Susan Rubio SUMMARY The purpose of this staff report is to consider the nomination to name the park element of the Zocalo Park and Civic Center Plaza Project. RECOMMENDATION Staff recommends that City Council to consider the nomination to name the park element of the Zocalo Park and Civic Center Plaza Project or provide alternative direction. The official name to be Susan Rubio Zocalo Park and Civic Center Plaza. FISCAL IMPACT There is no fiscal impact to the General Fund at this time. BACKGROUND At their June 15, 2022, City Council Meeting at the request of Councilmember Alejandra Avila with City Council consensus, directed Staff to present at a subsequent meeting to consider the nomination to name the park element of the Zocalo Park and Civic Center Plaza Project after Senator Susan Rubio. The Zocalo Park and Civic Center Plaza Project is the culmination of almost 10 years of dedication, and persistent advocacy by Senator Susan Rubio. The idea first came about when Senator Rubio was a Councilmember in Baldwin Park. Senator Rubio recognized the community benefits from many city-wide events such as 4th of July and the Holiday Tree lighting at Morgan Park, however she realized that Baldwin Park residents never had a large and accessible park space in Downtown, and she made it her mission to find a way to ensure the residents could benefit from a future open space that could bring generations of people together. Through the efforts of Senator Rubio (32nd District), the State of California through the General Fund Specified Grants funding was made available for projects that create open/civic space in an urban setting through the passage of Senate Bill 129 (SB 129). As part of SB 129, the City of Baldwin Park was allocated $6,000,000 for park funding for the Zocalo Park & Civic Center Plaza. The Zocalo Park & Civic Center Plaza Project will be located in the area Northwest of Baldwin Park City Hall at the intersection of Pacific and Maine Ave. to Sterling Way. The project will include a walkable plaza and new passive park with public art, decorative lighting, pavilion, retail building, city monument sign, water conservation features and ADA compliant access. Baldwin Park City Hall will also receive exterior improvements to complement the design of Zocalo Park & Civic Center Plaza. Presented before you is the nomination for City Council to consider the naming of the park element of the Zocalo Park and Civic Center Park Plaza Project pursuant to the City-Wide Naming Policy. ALTERNATIVES The alternative is not to consider the nomination to name the park element of the Zocalo Park and Civic Center Plaza. LEGAL REVIEW None required. ATTACHMENT 1. Facility Naming Application 2. City-Wide Naming Policy Facility and Street Naming Page 1 of 4 CITY OF BALDWIN PARK CITY-WIDE NAMING POLICY PURPOSE: To establish uniform procedures for the naming or renaming of City Facilities and Streets to enhance the sense of honor and legacy in the City of Baldwin Park. GENERAL POLICY The following guidelines have been established to provide for a consistent procedure in the naming or renaming of City Facilities/Streets. PROVISIONS A. General Guidelines 1. The City Council shall have the final authority to name and rename all City Facilities/Streets. 2. The City Council shall have the final authority to designate the CEO or an appointee to create a committee for review and commemoration of Facilities/Street names and commemorative plaques and monuments. 3. Under extraordinary circumstances, the City Council may, with a majority vote of City Councilmembers, revoke the current name of any Facility/Street. 4. It is the intent of this policy to prohibit the changing of street names that have existing homes or businesses using the street name in their address, except under extraordinary circumstances with a majority vote of City Councilmembers. 5. No Facility/Street shall be named after a current seated elected or appointed official, until one year has passed, after the completion of term. 6. No Facility/Street/Monuments shall be named more than once after an individual or organization. B. Qualifications for Naming of City Facilities 1. Qualifying criteria include the following: a. City controlled Facilities may be named or renamed after any group, individual, or family, living or deceased that has made significant and substantial contributions of a service, cultural or historic nature to the City of Baldwin Park, as determined by the City Council’s designated public input process. Said contributions do not have to be financial in nature; they may include extensive service and / or support the City organization of the community in general. b. The area in which the honoree made the most contribution should be considered when determining which Facility will be named after that person or group. That is, when possible, there should be a correlation between the service provided by the honoree and the Facility. Facility and Street Naming Page 2 of 4 c. No Facility shall be named or renamed after a deceased individual until at least one (1) year has passed. This qualification is appropriate to establish a waiting period to ensure that an individual’s accomplishments and contributions will stand the test of time; and that decisions shall not be made on an emotional basis immediately following a person’s death. d. When determining whether to rename a Facility, the party making the determination shall consider all factors he / she / they deem relevant, including whether some or all of the following accurately describe the person or organization for whom the Facility is proposed to be renamed: i. The person or organization made lasting and significant* contributions to the protection of natural or cultural resources of the City of Baldwin Park; or ii. The person or organization made substantial* contributions to the betterment of a specific Facility/Street consistent with the established standards for the Facility/Street; or iii. The person or organization made substantial* contributions to the advancement of recreational opportunities with the City of Baldwin Park; or iv. The person or organization was associated with an economic development or redevelopment activity; or v. The person or organization had a positive impact on the lives of Baldwin Park’s residents; or vi. The person or organization volunteered for ten (10) or more years of service to the community; or vii. Upon the naming or renaming of a Facility, the name shall not be used for any other dedication or renaming. viii. The City Council, in its sole and unlimited discretion, may remove or change the name of any Facility at any time, unless contractually obligated otherwise. *Additional information as to how / why the contribution of the individual or organization was significant or substantial may be required. C. Naming Criteria 1. Streets a. Names for streets shall be unique and distinct. Similar sounding or duplicate street names shall not be considered Facility and Street Naming Page 3 of 4 b. Street names shall be selected to either recognize natural features related to the Baldwin Park community or to recognize a person or organization that have made a lasting and significant contribution to the betterment of the City of Baldwin Park. c. Names with the same theme are suggested for naming streets in an entire subdivision, as a means of general identification. d. Discriminatory or derogatory names shall not be allowed. e. For the purposes of this policy, the changing of street names that have existing homes or businesses using the street name in their address shall not be allowed, except under extraordinary circumstances with a majority vote of City Councilmembers. 2. City Facilities a. For purposes of this Subsection C.2, City facilities refer to parks, buildings, or recreational facilities. b. For new City facilities, the naming process shall begin as early in the project as possible. c. City facility names shall be selected to either recognize natural features related to the Baldwin Park community or to recognize a person or organization that made a lasting and significant contribution to the betterment of the City of Baldwin Park. d. Areas within City facilities that may be named separately from the main building include points of entry; rooms / patios within a City building; facility features (such as a column or fountain); walkways; trails, recreational facilities (such as group picnic areas, sports fields, water features, or park monuments); drive- ways; or other related items. 3. Commemorative Street signs, Plaques and Monuments a. Commemorative street name signs are additions to the street name and will not change the street address. Existing street names shall be retained and a supplemental sign or plaque shall be installed beneath the existing street name signage. Names for the commemorative street name signs shall be selected to either recognize natural features related to the Baldwin Park community or to recognize a person or organization that have made a lasting and significant contribution to the betterment of the City of Baldwin Park. b. Commemorative plaques shall be placed in public facilities or on monuments. Names for the commemorative plaques shall be selected to recognize a person or organization that has made a lasting and significant contribution to the betterment of the City of Baldwin Park. Plaques may be used to identify a particular room, lobby, bench or designated area. Facility and Street Naming Page 4 of 4 D. Application Procedure: 1. Requests for naming and / or changing the name of a City Facility shall begin by being submitted to the CEO’s office in writing on the City’s Facility Naming Application Form. If the proposed Facility is in recognition of a person or organization, the applicant is required to provide clear evidence that the person or organization to be honored has made a significant and lasting contribution to the betterment of the City of Baldwin Park. 2. All submittals, whether from an individual, organization or City staff, must include the name and address of the submitter. No anonymous submittals will be accepted. 3. Upon receipt of the application, the CEO or his / her designee shall review the application. If the proposed Facility to be named / renamed is connected or associated with a park, the CEO or his / her designee shall provide the Facility Naming Application Form to the Director of Recreation and Community Services for public input & review. The Recreation Commission shall assist in the process, and then and render a recommendation to the City Council regarding the proposed name / rename. 4. Following that review, the CEO or his / her designee shall place the proposed facility naming / renaming item on a future City Council agenda for formal review and consideration by the City Council. If the request is denied by the City Council, no further action is taken. If the City Council approves the request, staff shall be directed to go forward with implementing the naming of the Facility. The steps taken to implement the request will be developed as an internal City process. The decision of the City Council will be final. Page 1 City of Baldwin Park Department of Recreation and Community Services Application for Dedication and Naming of Facilities and Parks Applicant Information Name: Alejandra Avila (at the City Council Meeting on June 15, 2022) Address: 14403 E. Pacific Ave Phone: (626) 813-5201 Email: aavila@baldwinpark.com My Recommendation is for: Naming a New Park or Recreation Facility Renaming Existing Park or Recreation Facility Naming / Renaming a Portion of a New or Existing Park or Recreation Facility Proposed Name of Park or Recreation Facility: Susan Rubio Zocalo Park and Civic Center Plaza Location / Property Description of Park or Recreation Facility: Future park development on Maine Ave./ Pacific Ave . Current Name of Park or Recreation Facility (if applicable): N/A Classification of Proposed Name (Check all that apply): Historical Significance to Location (e.g. historical event, landmark, person, or group of major significance to region/location) Commonly Recognized by Neighbors or Residents Compliments the Theme of the Location, Neighborhood or Surrounding Area Deceased Individual (deceased for at least 1 year and has long standing affiliation with City) Group or Organization (requires long-standing affiliation with City of 10 years or more) Other: Please describe the reason(s) in support of the proposed name or renaming of this Facility (if more room is needed, please attach separate sheet and write “See Attached” below): Senator Rubio served as an elected official, City Clerk and Councilmember for Baldwin Park for 13 years before being elected to State Senator. She advocated for the state funding of 6 million dollars to bring the Zocalo Park to fruition. Page 2 For recommendation of an Individual (whether deceased or living), please indicate individual’s long-standing affiliation with Baldwin Park (10+ years or more) of significant community service, involvement or contributions. Specifically indicate how this person has: (a) Enhanced the quality of life/well-being of Baldwin Park’s residents, (b) Contributed to the preservation of the Baldwin Park’s history and culture, (c) Made exemplary or meritorious contributions to Baldwin Park or its residents, or (d) Contributed to the acquisition, development or conveyance of land, buildings, structures or other amenities to the Baldwin Park Community (if more room is needed, please attach separate sheet and write “See Attached” below): Through the efforts of Senator Rubio (32nd District), the State of California through the General Fund Specified Grants funding was made available for projects that create open/civic space in an urban setting through the passage of Senate Bill 129 (SB 129). As part of SB 129, the City of Baldwin Park was allocated $6,000,000 for park funding for the Zocalo Park & Civic Center Plaza. The Zocalo Park & Civic Center Plaza Project will be located in the area Northwest of Baldwin Park City Hall at the intersection of Pacific and Maine Ave. to Sterling Way. The project will include a walkable plaza and new passive park with public art, veterans memorial, decorative lighting, pavilion, retail building, city monument sign, water conservation features and ADA compliant access. Baldwin Park City Hall will also receive exterior improvements to complement the design of Zocalo Park & Civic Center Plaza. Supporting Documentation (Required for recommendations of an Individual’s name): I have included the following documentation to demonstrate broad-based community support for my recommendation: Letters Character references Newspaper or journal articles Petitions Other Documentation: The following conditions will apply to all Commemorative Dedication and Name Applications: All applications submitted to the Facility Naming Committee for the purpose of naming or renaming a new or existing park/recreation facility must be filled out completely and accurately with supporting documentation in accordance with and as required by the City of Baldwin Park’s Policy for the Naming, Dedication and Sponsorship of City Facilities and Acceptance of Donations (hereinafter “The Policy”). The Policy is available on the City of Baldwin Park’s website, which can be found at www.baldwinpark.com and/or hard copies may be requested from the Recreation and Community Services Department. The naming or renaming of a park or recreation facility will be considered only through this application process. Incomplete, illegible and/or fraudulent applications will not be considered. The City of Baldwin Park, and Recreation and Community Services, reserves the right to verify the identity of the Applicant submitting this application to ensure its validity. The Baldwin Park City Council will have the final decision as to the naming/renaming of a park or recreation facility and reserves the right to reject any and all proposed names and/or applications submitted for consideration. Signature of Applicant: Verbal nomination at City Council Meeting on 6/15/22 Date of Submission: June 15, 2022 Return Completed Application Packets To: City of Baldwin Park Department of Recreation Community Services Department 4100 Baldwin Park Blvd. Baldwin Park, CA 91706 ITEM NO. ________5_________ SUMMARY The purpose of this staff report is for City Council to approve additional funding for the contract with the Los Angeles County Department of Animal Care and Control (DACC). Staff received the attached cost estimate for FY 2022-23 from DACC on June 29, 2022. The estimate provides a FY 2021-22 total cost of $557,259. The estimated cost for FY 2022-23 is $676,865, an increase of $119,606. Staff recommends that American Rescue Plan Act (ARPA) funds be used to support this increase since the care of animals within Baldwin Park is a vital service to the community, and COVID-19 can spread between people, pets, and wildlife per the CDC (Center for Disease Control). RECOMMENDATION Staff recommends that the City Council authorize the Finance Director to appropriate ARPA funds to cover the estimated additional cost of $110,606 and make necessary adjustments to the budget. FISCAL IMPACT There will be no negative impact to the General Fund as ARPA funds will be used to fund this increase. The funding will come from the Community Assistance Programs set aside funds using account # 275- 30-712-51100-13250. LEGAL REVIEW Not applicable. BACKGROUND The City of Baldwin Park has contracted with DACC for decades. Over the years staff have researched other possible providers for this service but have found none that are willing to take on additional cities. The County remains the only provider that Baldwin Park can count on. The City and County are currently conducting animal control business under an existing 5-year contract covering FY2019-2024. Within each 5-year contract the City and County each have the ability to modify services requested by the City or pricing given by the County. The City last updated its Service Level Request (SLR) document in 2019. The SLR only needs to be updated if the City changes the services requested from the County, and no changes are called for at this time. ALTERNATIVES Council may provide alternative direction to staff. ATTACHMENTS 1. Baldwin Park SLR FY 2019-20 2. DACC FY 2022-23 Billing Rates 3. Baldwin Park Estimates FY2022-23 TO: Honorable Mayor and City Councilmembers FROM: Robert A. López, Chief of Police DATE: July 20, 2022 SUBJECT: Appropriate Additional Funds for Increase to Contract Price for Los Angeles County Department of Animal Care and Control ATTACHMENT C Page 1 of 5 COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE AND CONTROL CITY-COUNTY MUNICIPAL SERVICES BILLING RATES I. Billing Period These billing rates are effective from July 1, 2022, through June 30, 2023. II. Billing Rates Animal Care Center Services Alternatives to Care Center Admissions (based on human population) $0.72 per capita annually Shelter Services: Flat Rate for stray or relinquished dogs and cats $368.46 per impound Daily Rate for dogs and cats of “legal hold” animals (See Paragraph III.D “Billing for ‘legal hold’ animals”) $368.46 per impound and $61.41 per day for days over 6 Animal License Field Enforcement per hour $105.87 per hour Dog/Cat License Processing per license $3.51 per license Field Services per hour for Full Field Service Cities $146.81 per hour Field Services for Limited Field Service Cities: Basic rate during regular hours with 2-week notice $220.22 per hour Rate for nights/weekends (Monday-Friday 7pm-7am, Saturday, Sunday, and County Holidays) $220.22 per hour, minimum callout charge of 4 hours Additional Administrative Services Attendance at meetings in excess of contract allowance $284.75 per hour Production of reports in excess of contract allowance $131.51 per hour Liability Trust Fund Liability Trust Fund 4.5 % of hourly rate* *Percentage is based on, and in addition to, the hourly rate for hours actually billed for Field Services and animal license Field Enforcement. Page 2 of 5 III. Billing Methodology for Care Center Services The City is financially responsible for the care of animals impounded within the City's jurisdiction. If an animal is claimed by its owner, the redemption fees collected from the owner will be credited to the City up to the maximum amount billed to the City for that animal. The County assumes responsibility for the physical care and disposition of all animals coming into the Department’s possession or custody. A. Cost Allocation for Care Center Services During the billing period, the costs of providing Care Center Services are allocated as follows: 1. Per dog and cat impounded: a. A flat dog/cat impoundment rate is established annually based upon the costs of housing animals. The flat rate is billed for all dogs/cats housed, regardless of the actual length of stay, except as outlined in paragraph D below. During the billing period, the cost of care for dogs/cats in excess of capped days are subsidized, except as outlined in paragraph D below. b. For dogs and cats impounded in circumstances described in paragraph D below, that are held beyond the length of stay captured in the flat rate, a daily impoundment rate is established annually based upon the costs of the time allocated to the impoundment, care (including medical care), and feeding of those animals. In addition to the flat rate charged for dogs/cats, the City will be billed at the daily rate for all days those animals are housed by the Department. Animals that are held in “legal hold” will not be subsidized. 2. Per capita fee based on the human population of the City a. A per capita public service rate is established annually based upon time allocated to Public Service including: interaction, intervention, and outreach activities that are not directly related to the impoundment, care, and feeding of animals is allocated to the City on a per capita basis. This allocation methodology applies costs for services as they relate to animal impounds and for services that do not relate directly to the impoundment, care, and feeding of animals. The ratio for allocation is based on staff time allocated to these activities. Page 3 of 5 B. Medical Costs Medical costs (excluding spay/neuter surgeries) provided by the Department’s medical staff are included in the overhead to establish the cost-recovery rate for boarding, and are not billed separately or in addition to that rate. The Department reserves the right to send any animal to a private veterinary facility for examination, treatment, and/or hospitalization as the Department deems necessary in its sole and absolute discretion. All expenses incurred by the Department for outside medical services, for animals from the City, will be billed to the City. C. Cost Offsets The City will receive a credit from the County for all applicable redemption fees collected from or on behalf of the owner of an animal that is claimed from the custody of the Department, up to the maximum amount billed to the City for that animal. The Department reserves the right to waive fees when appropriate in the Department's sole and absolute discretion. The City will not receive any credit for adoption fees (whether paid by an individual or an organization). D. Billing for “Legal Hold” and Other Shelter Services: Dogs and cats that are housed for a “legal hold” and other shelter services are billed at the flat impound rate until the stay exceeds the length of stay captured in the flat rate at which time a daily rate will be charged for the remainder of the time the animal is housed by the Department (from intake to disposition). Legal hold animals are held in accordance with applicable statutory guidelines, and/or at the sole and absolute discretion of the Department based on pending or anticipated criminal, civil, or administrative action. Page 4 of 5 “Legal Hold” and Other Shelter Type Descriptions Total Number of Days Billed Quarantine Observation Animals Per applicable state law, any animal of a species susceptible to rabies that bites a person and breaks the skin is required to be quarantined for 10 to 30 days (depending on the species). Animals susceptible to rabies that have contact with a wild (potentially rabid) animal must be quarantined for 30 days or six months (depending on the species and vaccination status). Animals in the custody of the Department that are reported to have either bitten or been exposed to a potentially rabid animal, will be placed in quarantine/isolation and observed for symptoms of rabies for the required period. Additionally, although rare, the Department of Public Health has the authority to quarantine animals for other specified diseases. Any quarantine for a disease other than rabies will be specified by disease. Unlimited days Special Intake: Animals that are seized pursuant to a search warrant, Penal Code Sections 597.1 or 599aa, or as evidence in a criminal investigation may be held up to the time of disposition of the criminal matter. Animals subject to the jurisdiction of the Coroner’s Office may be held until released by that Office. Animals in the custody of the Department that are the subject of anticipated or pending civil litigation or administrative regulation may be held through the pendency of that action, and any appeal stemming from that action. Unlimited days Page 5 of 5 Return to Owner Animals: Any animal with traceable identification that is brought to the Animal Care Center, whether by the Department staff or the public, will be held for ten (10) calendar days for the owner to reclaim it. The owner or person entitled to the custody of any animal impounded can redeem such animal by paying impound, boarding, and private veterinary fees accruing up to the time of such redemption. 10 days Abandoned Animals: Animals that are found to be abandoned in a private property will be held at the Animal Care Center at least fifteen (15) calendar days to determine whether the owner had an agreement with someone to care for the animal in their absence. 15 days Attachment D CITY OF BALDWIN PARK City / Service Description Rate Unit Type # Units * Cost ** Rate Unit Type # Units * Cost Shelter Services Alternatives to Care Center Admission 1.00$ Per Capita 75,935 75,935$ 0.72$ Per Capita 70,855 51,016$ Kennel Housing - Dog & Cat (Note 1)244.11$ Per Impound 937 228,731$ 368.46$ Per Impound 937 345,247$ Kennel Housing - Other Animals included Per Impound 136 -$ Included Per Impound 136 -$ Disposal of Dead Animals included Each 399 -$ Included Each 399 -$ Private Vet (Note 2)Varies Each 71 13,613$ Varies Each 71 27,226$ 318,279$ 423,489$ Field Services Field Services 139.83$ Hours 2,364 330,523$ 146.81$ Hours 2,364 347,022$ Animal License Field Enforcement Services 96.88$ Hours - -$ 105.87$ Hours - -$ 330,523$ 347,022$ Other Liability Insurance (4.5% of total Field Services and Animal License Enforcement)330,523$ 14,874$ 347,022$ 15,616$ Dog/Cat License Processing Fee 4.11$ Each 4,742 19,490$ 3.51$ Each 4,742 16,644$ 34,364$ 32,260$ Total City Cost (Sheltering, Field, and Other)683,166$ 802,771$ Revenue: Fees Collected From Residents (6,883)$ (6,883)$ License/Penalty Fees (119,024)$ (119,024)$ (125,907)$ (125,907)$ Total City Net Cost 557,259$ 676,865$ * Service Levels Schedule is an ESTIMATE only for the City's reference, estimated based on 10 months of actual invoices from July 2021 to April 2022 and estimated usage for the remaining 2 months (based on actual usage data from May 2021 to June 2021). City is liable for actual costs. ** Rates are recalculated annually based on prior actual costs; this rate projection was based on the cost of providing services in FY 2021-22. In addition, the allocation of costs for Alternatives to Care Center Admissions are adjusted annually based on actual time spent on each activity type. Note 1: Special Care/Observation costs are included in Kennel Housing costs, which are billed at a flat per impound rate. If the animal's stay exceeds the length of stay captured in the flat rate, a daily rate will be charged for any remaining days. Legal Hold animals are held in accordance with applicable statutory guidelines and/or at the sole and absolute discretion of the Department, based on pending or anticipated criminal, civil, or administrative action. Note 2: DACC uses these outside veterinary services after hours, on weekends, or when DACC veterinarians are otherwise unable to provide emergency care. Due to increased cost for outside veterinary services, private vet costs are estimated to increase by a minimum of 50% and a maximum of 150%. For the purpose of this estimate, an average cost increase of 100% was applied to estimate the increase in private vet fees. COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE AND CONTROL ESTIMATED SERVICE LEVELS SCHEDULE FY 2021-22 Estimated Costs (Current Year- Year 1) FY 2022-23 Estimated Costs (Year 2) Page 1 of 1 Prepared by CGD: 06.21.2022 STAFF REPORT ITEM NO. ________6_________ TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer Sam Gutierrez, Director of Public Works DATE: July 20, 2022 SUBJECT: Consideration for Approval of a Memorandum of Agreement with the San Gabriel Valley Council of Governments (SGVCOG) to Participate in the Regional Food Recovery Program and Approve a Professional Services Agreement with Tripepi Smith for the Development of Community Outreach and Education Materials Supporting the Food Recovery Program and other Senate Bill 1383 Requirements SUMMARY This item requests City Council approval of a memorandum of agreement with the San Gabriel Council of Governments’ (SGVCOG) to participate in the San Gabriel Valley Regional Food Recovery Program. By participating in this program, the city will work towards a regional approach to comply with SB 1383 requirements aimed to recover at least 20% of currently disposed edible food for human consumption by 2025. This item will also approve a professional services agreement with Tripepi Smith for outreach and education services not included in the regional food recovery program, including development of Public Services Announcements (PSAs) and the creation of explainer videos. Participation in the Food Recovery Program will help the city and subregion to enhance the capacity of local food recovery organizations, strengthen existing food recovery networks, and develop and implement an outreach and educational campaign. RECOMMENDATION Staff recommends that the City Council: 1. Authorize the Chief Executive Officer to execute the MOA between the City of Baldwin Park and the SGVCOG to participate in the Regional Food Recovery Program Expansion; and 2. Authorize the Chief Executive Officer to execute an agreement with Tripepi Smith to produce community outreach and education materials; and 3. Authorize the Director of Finance to make the necessary appropriations and budget adjustments; and 4. Authorize the Director of Public Works to process the necessary documents. FISCAL IMPACT There is no impact on the General Fund. Participation in the Regional Food Recovery Program expansion will be funded by the City’s awarded funds from the California Department of Resources Recycling and Recovery’s (CalRecycle) SB 1383 Local Assistance Grant Program. This funding source will also fund the development of the community outreach and education materials to support the program, as well as other components to meet certain requirements of SB 1383. Program Costs SGVCOG Regional Food Recovery Fund # 270 – CalRecycle Local Assistant Grant $ 78,000.00 Tripepi Smith Agreement Fund # 270 – CalRecycle Local Assistant Grant $ 30,044.00 Total Program Costs $ 108,044.00 BACKGROUND Senate Bill 1383 (Lara, 2016) was passed to serve as a statewide effort to reduce emissions of short- lived climate pollutants (SLCP) and reduce statewide disposal of organic waste and edible food. The law established strict targets including a 75% reduction of organic waste disposal and at least 20% recovery of currently disposed surplus of edible food by 2025. The regulations to meet these statewide organics reduction and food recovery requirements took effect on January 1, 2022. To aid cities in meeting compliance with SB 1383, CalRecycle announced a funding opportunity through its Local Assistance Grant Program. This one-time grant would provide cities and counties with initial funding to implement SB 1383 required programs including education, outreach, food recovery, collection, capacity planning, procurement, recordkeeping, enforcement, inspection, and program evaluation projects. Considering this development, the SGVCOG sought interest from cities who would be disposed to using their CalRecycle SB 1383 Local Grant Assistance Program funds to share the cost for expansion of the San Gabriel Valley Regional Food Recovery Program. The food recovery program expansion would include establishing subregional food recovery hubs across the San Gabriel Valley to increase the region’s food recovery capacity and infrastructure and continuing education and outreach activities to educate Tier 1 and Tier 2 edible food waste generators, food recovery organizations, and residents about SB 1383’s food recovery regulations. On January 19, 2022, the City Council directed staff to prepare and submit a letter of interest to the SGVCOG acknowledging its interest to participate in the program and authorized staff to apply for the SB 1383 Local Assistance Grant Program. On April 27, 2022, the city was informed by CalRecycle that the grant application was approved and would be awarded in the amount of $108,044. DISCUSSION The SGVCOG has established and is administering a Regional Food Recovery Program to have a unified voice to maximize resources and advocate for regional and member interests to improve the quality of life in the San Gabriel Valley by the member cities and other local governmental agencies. The City seeks to participate in the Program and join a regional approach toward compliance with SB 1383’s food recovery components by enhancing the capacity of local food recovery organizations to recover edible food waste and providing outreach and education activities. City acknowledges that participation in the Program will be funded by the City’s awarded funds from the California Department of Resources Recycling and Recovery’s (CalRecycle) SB 1383 Local Assistance Grant Program. City agrees to support the Program by purchasing equipment or funding the collective purchase of equipment by entering into separate agreements with cities participating in the Program. Such equipment will be used to increase the capacity of local food organizations to recover edible food waste. If this item is approved, the chief executive officer will execute an agreement with the SGVCOG to participate in the San Gabriel Regional Food Recovery program and execute an agreement with Tripepi Smith for supplemental outreach and education services. The City will utilize a portion of the CalRecycle Grant Funds, $78,000, of $108,044 to participate in the Food recovery program with SGVCOG. The remaining $30,044 of $108,044 of the CalRecycle grant funds will be utilized to execute a professional services agreement with Tripepi Smith for supplemental public outreach and education, including PSA’s and creation of explainer videos. CalRecycle grant funds will be used entirely to complete a program to locate and expand the subregional food recovery hubs, increase the capacity of food recovery, and develop and implement an outreach and education campaign. ALTERNATIVES The alternative would be that the City Council may choose not to enter into these agreements and provide staff with alternate direction. LEGAL REVIEW None required. ATTACHMENT 1. Memorandum of Agreement with SGVCOG 2. Professional Services Agreement with Tripepi Smith MEMORANDUM OF AGREEMENT BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS AND THE CITY OF BALDWIN PARK FOR PARTICIPATION IN THE SAN GABRIEL VALLEY REGIONAL FOOD RECOVERY PROGRAM This Memorandum of Agreement (“MOA”) is dated for identification purposes as of July 20, 2022, by and between the City of Baldwin Park, a municipal corporation (“City”), and the San Gabriel Valley Council of Governments, a California joint powers authority (“SGVCOG”). City and SGVCOG may be referred to herein collectively as the “Parties” or individually as a “Party.” RECITALS: A. The passage of SB 1383 (Lara, 2016) implemented statewide targets to reduce statewide disposal of organic waste and increase recovery of currently disposed edible food for human consumption. Specifically, SB 1383 aims to recover at least 20% of currently disposed edible food for human consumption by 2025. The California Department of Resources Recycling and Recovery (CalRecycle) has developed regulations entitled “Short-lived Climate Pollutants: Organic Waste Reductions” (hereafter “SLCP Regulations”), which regulations are codified at Chapter 12 of Division 7 of Title 14 of the California Code of Regulations, sections 18981.1 et seq.1 B. To recover 20% of edible food that would otherwise be sent to landfills by 2025, SB 1383 requires local jurisdictions to establish food recovery programs and strengthen their existing food recovery networks. C. The SGVCOG was established to have a unified voice to maximize resources and advocate for regional and member interests to improve the quality of life in the San Gabriel Valley by the member cities and other local governmental agencies and has established and is administering a Regional Food Recovery Program (the “Program”). D. City seeks to participate in the Program and join a regional approach toward compliance with SB 1383’s food recovery components by enhancing the capacity of local food recovery organizations to recover edible food waste and providing outreach and education activities. E. City acknowledges that participation in the Program will be funded by the City’s awarded funds from the California Department of Resources Recycling and Recovery’s (CalRecycle) SB 1383 Local Assistance Grant Program. F. City agrees to support the Program by purchasing equipment or funding the collective purchase of equipment by entering into separate agreements with cities participating in the Program. Such equipment will be used to increase the capacity of local food organizations to recover edible food waste. 1 All Section references herein are to Title 14 of the California Code of Regulations unless otherwise stated. G. City and SGVCOG desire to set forth the terms of their ongoing collaboration with respect to this effort in this MOA and further agree as follows: I. RECITALS The above Recitals are made a substantive part of this MOA. II. TERM: The term of this MOA shall commence on July 20, 2022 and shall continue through the completion of all work completed under this MOA. The term of this MOA may be extended by mutual written MOA of the Parties. III. RESPONSIBILITIES OF THE PARTIES: A. SGVCOG Responsibilities: 1. Undertake procurement and management of consultant(s) to complete the Program set forth in the Program’s Scope of Work (Attachment A), including the execution of a contract with the consultant for the development of the Program. 2. Manage all invoicing and payments to be made to consultant. 3. Review draft deliverables prepared by the consultant for accuracy. 4. Coordinate with the consultant to ensure consultant’s participation in calls and meetings. 5. Manage ongoing coordination of calls with the Parties and the consultant throughout the development of the Program. 6. Review and provide comments on draft communications and documents related to the Program. 7. Submit one invoice to the City within thirty (30) days of this MOA’s execution, in the amount of $37,544 (includes both consultant fee and administrative fee). B. City Responsibilities: 1. Designate a point-of-contact with name, title, and contact information who will serve as the City’s technical representative throughout the development of the Program. If the point-of-contact is reassigned or no longer with the City, a new point-of-contact will be designated within fourteen (14) calendar days. 2. Actively engage in the development of the Program including, but not limited to, promptly responding to all correspondence (phone calls and e-mail communications), responding to data requests, and attending any necessary meetings. 3. Review and provide comments to consultant on deliverables as necessary. 4. Participate in check-in calls and/or meetings with the consultant and with all Parties, as necessary. 5. Approve within five (5) business days any deliverables that can be approved by staff or ten (10) business days any items that need to be approved by city attorney or city manager. 6. Agree that CalRecycle, the California Department of Finance, and the California Bureau of State Audits have the right to review and copy any records and supporting documentation pertaining to the funds awarded to City by CalRecycle to support the Program expansion (“Expansion Funds”). 7. Maintain records of Expansion Funds for a minimum of 3 years after May 2, 2024. 8. Submit in writing requests to change the budget or scope of work, if applicable, to City’s CalRecycle Grant Manager for work performed using Expansion Funds. 9. Enter into separate agreements with participating cities for the collective purchase of equipment and supplies using Expansion Funds, if applicable. Such agreements shall establish which city owns the piece of equipment. 10. Enter into separate agreements with nonprofit organizations to lease equipment purchased using Expansion Funds, if City owns such equipment. 11. Submit all required reporting documents related to expansion funds to CalRecycle for each year by November 3, 2022, May 3, 2023, and May 2, 2024. 12. Pay the invoice referenced in III.A.7 above within thirty (30) days of receipt of an invoice from SGVCOG. IV. PROJECT MANAGEMENT: A. Project Managers. 1. For the purposes of this MOA, SGVCOG designates the following individual as its Project Manager: Alexander Fung, Senior Management Analyst, whose contact information is set forth below. 2. For the purposes of this MOA, the City designates the following individual as its representative: Sam Gutierrez, Public Works Director, whose contact information is set forth below. Either Party may change the designations set forth herein upon written notice to the other Party. V. DEFAULT; REMEDIES: A. Default. A “Default” under this MOA is defined as any one or more of the following: (i) failure of either Party to comply with the terms and conditions contained in this MOA; and/or (ii) failure of either Party to perform its obligations set forth herein satisfactorily or make sufficient progress towards completion of the Regional Food Recovery Program. B. Remedies. In the event of a Default by either Party, the non-defaulting Party will provide a written notice of such Default and thirty (30) days to cure the Default. In the event that the defaulting Party fails to cure the Default, or commit to cure the Default and commence the same within such 30-day period and to the satisfaction of the non-defaulting Party, the non-defaulting Party may terminate this MOA. Such termination shall be effective immediately upon the provision of written notice by the non- defaulting Party to the defaulting Party. The remedies described herein are non-exclusive. In the event of a Default by either Party, the non- defaulting Party shall have the right to seek any and all remedies available at law or in equity. VI. INDEMNIFICATION: A. City agrees to defend, indemnify, and hold free and harmless the SGVCOG, its elected and appointed boards, officials, officers, agents, employees, members, and volunteers, at City’s sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the SGVCOG, its elected and appointed boards, officials, officers, agents, employee members, and volunteers arising out of or relating to the acts or omissions of City in connection with this MOA. B. SGVCOG agrees to defend, indemnify, and hold free and harmless the City, its elected officials, officers, agents, employees, and volunteers, at SGVCOG’s sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the City, its elected officials, officers, agents, employees, and volunteers arising out of or relating to the acts or omissions of SGVCOG in connection with this MOA. C. To the extent allowed by State law, SGVCOG shall require that the consultant(s) defend and indemnify the City and its elected officials, officers, agents, employees, and volunteers from and against any and all claims, actions, suits, or other legal proceedings (collectively, “Claims”) brought against the City arising out of or relating to the acts or omissions of the consultant(s) in connection with the Scope of Work, in the agreement between the consultant and SGVCOG; provided that SGVCOG shall not be liable to the City and its elected officials, officers, agents, employees, and volunteers by way of agency or any other theory of liability for any such Claims. VII. INSURANCE: City and SGVCOG shall maintain and keep in full force and effect during the term of this MOA insurance or a program of self-insurance against claims for injuries to persons or damages to property which may arise in connection with City’s or SGVCOG’s performance of its obligations hereunder. VIII. OTHER TERMS AND CONDITIONS: A. Notices. All notices required or permitted to be given under this MOA shall be in writing and shall be personally delivered, or sent by electronic mail or certified mail, postage prepaid and return receipt requested, addressed as follows: To SGVCOG: Alexander Fung Senior Management Analyst 1000 S. Fremont Avenue, Unit 42 Building A-10N, Suite 10-210 Alhambra, CA 91803 (626) 457-1800 afung@sgvcog.org with a copy to: Marisa Creter Executive Director 1000 S. Fremont Avenue, Unit 42 Building A-10N, Suite 10-210 Alhambra, CA 91803 (626) 457-1800 mcreter@sgvcog.org To City: Sam Gutierrez Public Works Director 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011, ext 460 sgutierrez@baldwinpark.com with a copy to: Enrique Zaldivar, PE City Manager 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 813-5204 ezaldivar@baldwinpark.com B. No Partnership. This MOA is not intended to be, and shall not be construed as, an agreement to form a partnership, agency relationship, or a joint venture between the Parties. Except as otherwise specifically provided in the MOA, neither Party shall be authorized to act as an agent of or otherwise to represent the other Party. C. Entire MOA. This MOA constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes any and all other prior writings and oral negotiations. This MOA may be modified only in writing and signed by the Parties in interest at the time of such modification. D. Governing Law. This MOA shall be governed by and construed under California law and any applicable federal law without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this MOA, the Parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California. E. Excusable Delays. Neither Party shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquakes, fires, acts of a public enemy, pandemic, epidemic, and government acts beyond the control and without fault or negligence of the affected Party. Each Party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this MOA. F. Waiver. Waiver by any Party to this MOA of any term, condition, or covenant of this MOA shall not constitute a waiver of any other term, condition, or covenant. No waiver of any provision of this MOA shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. G. Headings. The section headings contained in this MOA are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate. H. Assignment. Neither Party may assign its interest in this MOA, or any part thereof, without the prior written consent of the other Party. Any assignment without consent shall be void and unenforceable. I. Severability. If any provision of this MOA 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. J. Authority to Execute. The person executing this MOA on behalf of a Party warrant that they are duly authorized to execute this MOA on behalf of said Party, and that by doing so said Party is formally bound to the provisions of this MOA. K. Counterparts. This MOA may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. L. Electronic Signatures. This MOA may be executed with electronic signatures in accordance with Government Code Section 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature. IN WITNESS WHEREOF, the Parties hereto have caused this MOA to be executed and to be effective on the date it has been fully executed by the Parties as set forth below. FOR THE CITY OF BALDWIN PARK: By:___________________________ Enrique Zaldivar, PE City Manager Date:__________________________ ATTEST: ______________________________ Marlen Garcia City Clerk APPROVED AS TO FORM: _______________________________ Robert Tafoya City Attorney FOR THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS: By: ____________________________ Marisa Creter Executive Director Date:___________________________ APPROVED AS TO FORM: _______________________________ _ David DeBerry General Counsel Attachment A – Scope of Work Task 1 Project Management Task 1.1 Kickoff Meeting The Consultant shall conduct a kickoff meeting with the SGVCOG. The primary objectives will be to review scope, schedule, project goals, and key issues. Deliverables: Meeting notes and materials for kickoff meeting. Task 1.2 Project Team Coordination Monthly project team meetings, regular phone and e-mail correspondence, and other communications with the SGVCOG to ensure that the tasks listed in this SOW stay on schedule and within budget. Deliverables: Meeting notifications, agendas, and notes. Task 1.3 Project Management Update Meetings The Consultant shall facilitate monthly meetings with the SGVCOG and representatives of participating cities to provide key project updates. These meetings can also be used to obtain feedback and input on key discussions. Monthly Project Management Update meetings can cease after the completion of Tasks 2.2 and 3.1; however, a final Project Management Update meeting should be provided towards the end of Task 3.2 to provide outreach and education updates for participating cities. Deliverables: Meeting notifications, agendas, notes, presentations, and other relevant drafts and documents. Task 2 Subregional Food Recovery Hubs Task 2.1 Food Recovery Hub Expansion Facilitation The Consultant shall review the list of identified food recovery organizations in the San Gabriel Valley and facilitate discussions with the largest food recovery organizations to identify their interests with serving as subregional food recovery hubs. A total of three subregional food recovery hubs should be established in the San Gabriel Valley. The Consultant should already possess a list of existing food recovery organizations’ infrastructure and capacity limitations, ongoing partnerships with smaller food recovery organizations in their communities, and ongoing agreements/contracts with local Tier 1 and Tier 2 generators. At least one subregional food recovery hub may be located in Baldwin Park and at least one subregional food recovery hub may be located in Monterey Park due to priority funding status (increased amount of funding provided). Other participating cities will have priority access to these hubs. However, if no subregional food recovery hub is able to be cited in either of these communities, then Monterey Park and Baldwin Park agree to utilize their portion of funding toward locating hubs in other communities that can support the subregional food recovery hubs Deliverables: A detailed report summarizing discussions held, along with the surveyed food recovery organizations’ interest to serve as subregional food recovery hubs, their infrastructure and capacity limitations, their ongoing partnerships with smaller food recovery organizations, and their ongoing agreements/contracts with local Tier 1 and Tier 2 generators. Additionally, the report should note any possible challenges and concerns for each surveyed food recovery organization to serve as a subregional food recovery hub. The report shall be compiled in the form of one regional document, with the information on each San Gabriel Valley city formatted by sections. Task 2.2 Capacity Expansion Support Upon approval of the Task 2.1 report, the SGVCOG shall be responsible for coordinating the purchase of all of the necessary equipment. The Consultant shall support coordinating with selected food recovery organizations to obtain and set up the equipment. Upon completion, the Consultant shall develop a report of the total amounts of equipment and infrastructure that were added to selected food recovery organizations and calculate the amount of food recovery capacity increased. Deliverables: A detailed report summarizing the total amounts of equipment and infrastructure that were added to selected food recovery organizations and calculations of food recovery capacity increased. The report should also include a location-by-location inventory and a map of supported food recovery hubs. Task 3 Public Outreach Task 3.1 Develop Outreach and Education Plan The Consultant shall expand on the existing comprehensive outreach and education campaign for participating cities’ Tier 1 and Tier 2 edible food waste generators and stakeholder groups and specify plans and schedules to incorporate 12 workshops (once every 2 months), 6 social media campaigns (once every 4 months), and 6 rounds of mailer/flyer mailing campaigns (once every 4 months) for participating cities throughout the duration of this project. All materials must be provided in English, Chinese, and Spanish. Deliverables: Outreach and education campaign materials and a detailed plan and schedule for a comprehensive outreach and education campaign for participating cities’ Tier 1 and Tier 2 edible food waste generators and stakeholder groups prepared for the SGVCOG’s approval. Task 3.2 Implement Outreach and Education Campaign Upon approval by the SGVCOG, the Consultant shall implement an outreach and education campaign for participating cities’ Tier 1 and Tier 2 edible food waste generators and stakeholder groups. The Consultant shall provide records of outreach and education efforts, along with copies of the utilized marketing materials, that were conducted. The records shall include the date and to whom the information was disseminated or direct contact made. Deliverables: Monthly reports on conducted outreach and education efforts and copies of the utilized marketing materials. RFP response submitted for: CITY OF BALDWIN PARK SB 1383 Education and Outreach Submitted: June 2022 By: Ryder Todd Smith, President Jennifer Nentwig, Director Saara Lampwalla, Business Analyst City of Baldwin Park/SB 1383 Education and Outreach 2 TABLE OF CONTENTS INTRODUCTION ............................................................................................................................. 3 DECLARATIONS ............................................................................................................................. 4 RELATED FIRM EXPERIENCE ......................................................................................................... 5 COMPANY OVERVIEW ................................................................................................................... 7 APPROACH TO SCOPE OF ENGAGEMENT ................................................................................ 12 ESTIMATED COST OF ENGAGEMENT ........................................................................................ 15 PROJECT TEAM STAFFING .......................................................................................................... 24 APPENDIX: WORK SAMPLES ....................................................................................................... 28 APPENDIX: RESUMES ................................................................................................................... 42 City of Baldwin Park/SB 1383 Education and Outreach 3 INTRODUCTION Thank you for the opportunity to present Tripepi Smith’s services in response to the City of Baldwin Park’s need for SB 1383 related outreach services in 2022. The City is wise to line up resources for public education (required by CalRecycle and partially funded with State grant funds) that will successfully transition residents to the new way of sorting their waste. Because this is a big behavior shift, Tripepi Smith is ready to dive in with a plan for outreach targeting single-family homes, multi-family properties and commercial businesses, including an expansive approach if requested. This document outlines a menu of options to maximize flexibility for the City. Tripepi Smith is a team of nearly 40 communications experts–robust enough to offer experienced and effective professionals for the job, yet small enough to be nimble and responsive. Tripepi Smith offers a spectrum of skills that allows us to match the appropriate resource to the task at hand, letting us execute faster and reduce engagement costs. These resources vary by both years of experience and core hard skills (graphic design versus videography versus writing versus social media versus workshop facilitation, for example). The result: we have the capacity to conduct outreach to the public across a range of platforms. Tripepi Smith is a force multiplier for the communication operations of agencies across California. From Napa to Duarte to Coronado and out to Indian Wells, Tripepi Smith is actively working with over one hundred public agencies. We gain insights from the breadth of this client work and apply that knowledge to our work with each client. Regards, Ryder Todd Smith Co-Founder & President Tripepi Smith ryder@tripepismith.com • (626) 536-2173 • Fax: (949) 679-8371 PO Box 52152, Irvine, CA 92619 Ryder is the contact person throughout the proposal evaluation period. City of Baldwin Park/SB 1383 Education and Outreach 4 DECLARATIONS Authorization As co-founder and president of Tripepi Smith, I am qualified to enter into agreements with the City of Baldwin Park and to make the statements on behalf of the firm. This proposal is valid for ninety (90) days from June 23, 2022. Insurance Insurance certificates will be provided prior to contract execution. Tripepi Smith routinely provides insurance certificates to prove we meet the contracting requirements of public agencies throughout California. We are willing and able to comply with the insurance requirements. Incorporation Founded in 2000 and incorporated in 2002 as a California S Corporation, Tripepi Smith is based in Orange County. FEIN: 73-1642614 California Business License: C2414674 Tripepi Smith states that: ¨ It can legally conduct business in the state of California and in the City of Baldwin Park, California. ¨ It has not colluded in any fashion with other respondents which would restrict or eliminate competition. ¨ No employee or official of the City of Baldwin Park has a material or monetary interest in this contract. ¨ It is not aware of any other actual or potential conflict of interest related to this proposal and the projects being implemented. Conflict of Interest Disclosure and Ethics Tripepi Smith operates in a complex marketplace that is more political than most industries. As a result, conflicts of interest (real or perceived) can arise. The first and foremost obligation of Tripepi Smith is to outline all existing client relationships to prospects so as to let the prospect determine if a conflict exists. At this time, Tripepi Smith does not see any conflicts with our client work and the City of Baldwin Park. To read more about Tripepi Smith’s commitment to ethics: https://www.tripepismith.com/about-us/#ethics City of Baldwin Park/SB 1383 Education and Outreach 5 RELATED FIRM EXPERIENCE Tripepi Smith has been working in local government communications for over ten years and has a strong track record of success on a range of projects, including: public education and outreach related to air and water quality, revenue measure education, COVID-19 crisis communications, economic development advertising campaigns, branding projects, community choice aggregation launch efforts and district formation/redistricting programs. 1. The City of Cypress hired Tripepi Smith as a subcontractor to conduct SB 1383 public education and outreach for residents and businesses. The work has included: content development for social media, web, and print materials, postcard and flyer design and webpage design. ● Project Team: Business Analyst Sara Madsen, Junior Business Analyst Kylie Benzing, Subcontractor Michael Balliet Consulting ● Date of Engagement: April 2021- Ongoing 2. Tripepi Smith is engaged by the City of Lomita to aid in communication and public outreach for Lomita Water and other general City communications. The work has included: SB 1383 public education and outreach, public tours of the water facility, development of Lomita’s Consumer Confidence Report, billing inserts, news article development, social media management related to Lomita Water and COVID-19, e-news alerts, Lomita Water website management, development of a stand-alone COVID-19 information portal website, City of Lomita website redesign and a stock photoshoot. ● Project Team: Principal Ryder Todd Smith, Director Jennifer Nentwig, Business Analyst Sara Madsen, Business Analyst Sydni Overly ● Date of Engagement: August 2016 - Ongoing 3. In anticipation of their May 2021 residential customer launch, Clean Energy Alliance (CEA) chose Tripepi Smith to provide marketing and community notification services for the nascent JPA, a partnership between the cities of Carlsbad, Del Mar and Solana Beach to operate a Community Choice Energy program. To date, Tripepi Smith completed a full brand identity and logo design, launched a new website, developed press releases, managed media relations, executed social media and e-newsletter management, produced animated videos and provided the Community Advisory Committee with materials needed to educate their communities about CEA and recruit neighboring cities to join. ● Project Team: Director of Operations Katherine Griffiths, Business Analyst Karen Villaseñor, Business Analyst Sara Madsen, Junior Business Analyst Allie Torres, and Junior Business Anayst Charlie Mounts. ● Date of Engagement: September 2020 - Ongoing City of Baldwin Park/SB 1383 Education and Outreach 6 PARTNERSHIP WITH MICHAEL BALLIET CONSULTING For public education and outreach related to solid waste, Tripepi Smith is proud to partner with Michael Balliet, a solid waste a waste management consultant and auditor who has worked in the California solid waste landscape for over 30 years. Michael Balliet Consulting, LLC, (MBC) has vast experience in franchise waste hauling contracts, developing local government policies and programs, implementation and monitoring services related to State compliance and executing franchise hauler financial and performance audits. Michael Balliet has worked with nearly 100 jurisdictions in California, Nevada, Texas, Georgia and Florida on solid waste compliance and waste hauler management. He joins forces with Tripepi Smith in the capacity of a Director with the firm. MBC FIRM EXPERIENCE 1. The City of Costa Mesa hired MBC in 1992, and Michael has helped them develop and implement all solid waste compliance programs since then and has helped manage their non-exclusive franchise hauler system. • Date of Engagement: 1992 – Ongoing 2. The City of Irvine hired MBC in 2014. Michael has served as the City's technical assistance arm for State compliance to one of the largest and most diverse business communities in Southern California. • Date of Engagement: 2014 - Ongoing 3. The City of Los Alamitos work has engaged MBC since 2013. MBC oversaw an RFP process to select a new franchise hauler. This included developing a new SB 1383- compliant ordinance and franchise agreement. He also conducted workshops to execute City residents on SB 1383 compliance and the services requested by the new hauler. MBC has handled negotiations related to an extraordinary rate increase request to provide the City’s organic waste program, helping the City receive a 40% reduction from the proposed rate. From mid-2017 (late start due to negotiations) forward MBC provided a technical assistance program to bring the City to a 90% compliance rate with AB 1826, on a voluntary subscription service basis. • Date of Engagement: 2013 - Ongoing City of Baldwin Park/SB 1383 Education and Outreach 7 COMPANY OVERVIEW A Public Affairs Firm that Understands Local Government Tripepi Smith excels at public affairs. We work in a complex environment where successful communications go hand-in-hand with marketing and technical expertise. As a full-service marketing and creative services firm, Tripepi Smith delivers content and design tailored for local government, public agencies, nonprofits and private companies—each strongly represented in our client list. Grounded in Civic Affairs Co-Founder and CFO Nicole Tripepi Smith is a second-generation civic affairs professional (her father was a city manager for 28 years), and Co-Founder and President Ryder Todd Smith brings over a decade of public agency marketing and communications experience to the table. Implementing Strategy and Engaging Audiences Tripepi Smith recognizes the important interplay of public affairs and design. It’s about presenting ideas that advance communities and public institutions. An important corollary to this is providing the creative services that can build materials to engage audiences and make ideas resonate. Tripepi Smith’s multi-faceted design team enables us to reach these goals and lead effective creative strategy. City of Baldwin Park/SB 1383 Education and Outreach 8 Strategic Tripepi Smith is a provider of technology, communications and public affairs services. We leverage our skills and experiences in each of these areas to deliver efficient, technologically driven communication solutions that reflect our deep understanding of local government. Our team has a strong record of working with public agencies, joint powers authorities and not-for-profit organizations throughout California to better engage and connect with their stakeholders and community. Creative Tripepi Smith’s creative professionals have worked with public and private clients on imagery, colors and graphic design in an array of projects. Our firm offers creative services that address not only traditional media such as print, websites, logo design and advertising but also non-traditional marketing services around email campaigns, social media, blogging, SEO, video production and more. This integrated approach to content development makes the process more efficient and more effective for clients. Content x Distribution = IMPACT Tripepi Smith was born in the digital era and brings significant technical skills to the table. Members of our team carry technical certifications in Hootsuite Social Media Marketing, Facebook Blueprint, Google Advertising, Google Analytics and Twitter Flight School, among others. We take digital seriously and recognize how critical it is to not only develop great visuals and messaging, but to ensure the audiences we want to reach actually see that content. Without content distribution there is no IMPACT. “…solutions that reflect our deep understanding of local government.” City of Baldwin Park/SB 1383 Education and Outreach 9 Team Tripepi Smith City of Baldwin Park/SB 1383 Education and Outreach 10 Tripepi Smith’s team of nearly 40 communications experts offers the right professionals for the job while being small enough to be nimble and responsive. Tripepi Smith has a spectrum of experience and skills that allows us to apply the appropriate resource to the appropriate tasks to both execute faster and reduce engagement costs. These skills vary by both years of experience and core hard skills (graphic design, videography, writing, and social media, for examples). At Tripepi Smith, experienced directors and analysts drive strategy and implement messaging with support from three in-house accredited public relations professionals. Government affairs experts and policy wonks innovate for our dozens of municipal clients. Ten creative professionals generate compelling branding, websites, design, social media, photography and video. The result: we have an ability to tell a complete story across mediums all within our one team. Our firm operates in a virtual office environment. Being virtual allows us to engage the right talent at the right time, and it enables us to operate more efficiently to save money for our clients. That said, the team—composed of policy wonks, creative message developers, technology gurus and graphic and fine artists—is located throughout California (34) and Texas (2), Arizona (1) and New Mexico (1). City of Baldwin Park/SB 1383 Education and Outreach 11 Services Offered Strategy, Marketing, Communications ¨ Strategic development, research, surveys, messaging ¨ Social media management ¨ Web and social media strategy, optimization (SEO), metrics ¨ Web hosting and support ¨ Email campaigns ¨ Relations (media, stakeholders, public, government) ¨ Support and training for events, presentations and virtual gatherings ¨ Google AdWords, LinkedIn and Facebook advertising Creative Services ¨ Full-service graphic design for digital, print and outdoor ¨ Brand and logo development ¨ Content generation, writing and editorial ¨ Output services (digital distribution, print management, mail management) ¨ Photography, illustration and information graphics ¨ Video and animation ¨ Web design and implementation Waste Management Consultant Services (through partnership with Michael Balliet) ¨ Assistance with required enforcement mechanisms (i.e., ordinances and hauler agreement development updates) and procurement policy ¨ Compliance assessment of existing City and hauler programs ¨ Technical assistance programs to businesses and other stakeholders ¨ Developing new monitoring and reporting systems ¨ Self-haul, construction project and recycler programs for compliance and revenue generation ¨ Hauler performance and financial audits, as well as rate negotiations City of Baldwin Park/SB 1383 Education and Outreach 12 APPROACH TO SCOPE OF ENGAGEMENT The following scope of work is being quoted by Tripepi Smith for communication and outreach work. Please note that we have Spanish speakers on staff and all communication materials noted below can be produced in both English and Spanish. Collaboration with Solid Waste Experts Tripepi Smith has enlisted the veteran expertise of Michael Balliet, a waste management consultant and auditor who has worked in the California solid waste landscape for over 30 years. His work has included developing and managing franchise waste hauling contracts, developing local government policies and programs, implementation and monitoring services related to State compliance and executing franchise hauler financial and performance audits. He will inform Tripepi Smith’s public education and outreach approach to ensure compliance with CalRecycle requirements. He will also be available as a resource to staff in need of technical guidance for properly implementing SB 1383 and other requirements including: enforceable mechanisms, provisions of required programs, regulation of haulers, monitoring and recordkeeping responsibilities, waivers, procurement requirements and more. Project Management Tripepi Smith proposes to coordinate project calls for this engagement and create a living agenda to manage the education and outreach efforts. After the initial set-up, these meetings would take place on a monthly basis throughout our engagement. The video calls would typically last up to an hour and will have a detailed agenda and notes. After each call, Tripepi Smith would send a summary email about decisions made on the phone call and related action steps for all involved parties. Tripepi Smith will also conduct record- keeping on a monthly basis to report out on public education and outreach activities and metrics. Creation and Updates to Program Webpage/Website Tripepi Smith would create a SB 1383 webpage with information about the state requirements and a preview of the process in the City. Tripepi Smith would update the website/pages on an ongoing basis with resources for the community, including information on edible food recovery, property management requirements and program waivers. If the City chooses to create a dedicated standalone website, Tripepi Smith would charge a flat fee of $3,750 to set up and host the site, with a $610 annual fee for hosting. City of Baldwin Park/SB 1383 Education and Outreach 13 Social Media Support Tripepi Smith would create bilingual copy and graphics for two social media posts about SB 1383 per month throughout the engagement. We can boost posts (paid advertising) on Facebook and Instagram to help spread the word about the new programs and requirements. E-Newsletter/Newsletter Content Tripepi Smith proposes to develop an article/blurb on a monthly basis to leverage existing City channels such as an e-newsletter or newsletter. In addition, we can design custom email templates to distribute email alerts via platforms such as Constant Contact, MailChimp, etc. Campaign Branding/Logo Tripepi Smith understands that the efficacy of educational outreach relies on the strength of its recognizability and clarity. Our team is available to develop a unifying brand/logo that will be used on all assets (social media, print materials, webpages, etc.) developed as part of your SB 1383 outreach. This work will align with colors and themes from your overall agency brand and will include a custom logo concept and wordmark. TS will provide two iterations of design. Print Collateral Tripepi Smith will design print collateral materials (in English, Spanish and other languages upon request), to provide necessary information to all stakeholders including hard-to-reach communities. When well-designed and well-targeted, these materials can provide community members with the information they need when/where they need it, helping drive effective behavior change. Collateral pieces may include a flyer, postcard/billing insert, kitchen pail explainer pamphlet, door hangers, etc. Press Releases Tripepi Smith proposes to draft press releases throughout the project to ensure local media aids our efforts to reach City residents. Tripepi Smith will identify media contacts, collaborate with City staff to further expand the media list and ensure we reach diverse media. For key media, Tripepi Smith will follow up with phone calls. Community Workshops (In-Person or Virtual) If possible with COVID-19 limitations, Tripepi Smith would coordinate with City staff to identify venues and dates to host in-person workshops on SB 1383. These workshops could be tailored to share requirements and tips with specific stakeholder groups, such as businesses, multi-family community members and single-family residential areas. Tripepi City of Baldwin Park/SB 1383 Education and Outreach 14 Smith would devise an agenda, facilitate discussions, document community feedback and promote positive engagement around the process. Tripepi Smith can facilitate recording the meetings and provide videos, with any relevant slides interspersed and closed captions. We can also coordinate simultaneous interpretation with local partners. Animated Video Tripepi Smith understands the power of a clear, short video in today’s communication environment, and we propose to develop a brief animated video to explain SB 1383 and its impact. We can also coordinate advertisement of the video on YouTube. Additional Options SB 1383 Compliance Assessment Our team offers a compliance assessment, which involves expert review of all hauler and City programs to ensure full compliance with SB 1383 mandates will be achieved. TV/Radio Advertising Tripepi Smith is available to develop and coordinate advertisements on TV and/or radio. Our team is experienced in storyboarding, script development, working with voiceover professionals and other talent and coordinating with media outlets for ad placement. If budget allows, we recommend TV and/or radio advertising of your SB 1383 messaging to have the greatest possible reach. Public Service Announcement (PSA) Video Series Tripepi Smith offers a package of four PSA-style videos promoting recycling behaviors. These videos would be available for use on social media, local public access channels and other media outlets. Tripepi Smith also offers access to b-roll video footage, such as video showing people properly recycling their organic waste. Targeted Technical Assistance and Outreach Our team offers technical assistance and outreach to specific groups (i.e. multi-family residential, multi-tenant commercial properties, largest business waste generators and edible food generators mandated to contract for service by SB 1383). Because this work can vary widely depending on the needs in various locations, our team can scale this outreach to best meet your unique needs as a community. Management of Dedicated Email Account Our team is available to assist in the set-up and/or ongoing management of a dedicated City email account to handle inquiries regarding SB 1383. A dedicated account managed City of Baldwin Park/SB 1383 Education and Outreach 15 by Tripepi Smith can enable streamlined, speedy communications specific to this issue while alleviating City staff workload. ESTIMATED COST OF ENGAGEMENT The size and related cost of the engagement will vary widely with the breadth of the public outreach desired by the City and the assignment of work between Tripepi Smith and City staff. To accommodate for this variability, Tripepi Smith has identified three approaches to the engagement. 1. Approach One – Time and Materials Given the high variability of the type of engagement that may be needed by Tripepi Smith, we could engage with the City on a pure time and materials basis. As such, the cost for our engagements could range from $3,500 to $90,000 and would be most dependent on the extent of our work relative to work handled by City staff and the volume of the education and outreach desired by the City. Tripepi Smith can provide weekly or monthly updates on the budget use and how it is being spent depending on the nature of the engagement or project. Note that given the preliminary analysis required to determine the extent of the education and outreach needs, our minimum engagement for time and materials approach is $3,500. We will bill that initial amount at the kickoff of the project and then credit that amount toward any hourly work for the initial $3,500 in billings. This model addresses the overhead costs related to startup, preparation and initial project management. City of Baldwin Park/SB 1383 Education and Outreach 16 During our engagement, the following rates and related fees for services would apply. 2021-22 Hourly Rates Hourly - Ad Hoc Hourly - Retainer Principal $300 $260 Director $200 $180 Art Director $200 $180 Senior Business Analyst $165 $150 Business Analyst $115 $105 Junior Business Analyst $90 $80 Senior Videographer/Animator $160 $145 Senior Photographer $145 $130 Photographer/Videographer $110 $100 Senior Graphic Designer $145 $130 Graphic Designer $115 $105 Junior Graphic Designer $90 $80 Web Developer $160 $140 Drone Operator $165 $150 Time at Tripepi Smith is billed in 15-minute increments. See the following examples for how we invoice our time: 1.25, .75, 4 or 6.5 hours. If Tripepi Smith is requested to be onsite, we will invoice for travel time at half-rate of the resource’s Standard Rate. Sometimes, we have a resource who works across categories of skills. For example, we may have a videographer who operates a drone. When that person is doing the category of skill, that skill rate will apply. In this example, a videographer flying a drone is billed at the drone operator rate. Other Fees Because Tripepi Smith offers a broad set of services, including extensive content production, we have some other content production-related fees that may come up during the course of our engagement that you should be aware of. City of Baldwin Park/SB 1383 Education and Outreach 17 Website Fee The City can use a page or pages on its own website for this project or it can contract with Tripepi Smith to build a project specific website (custom domain name/URL, similar visuals to City website, total directly control by Tripepi Smith). We do this work on a flat fee basis of $3,750 per site with an annual hosting fee of $610 which includes hosting, SSL Certificate and a single domain name annual fee. If the City prefers to use its own website, our work on that site will be handled on a time and materials basis. Content for the website in two languages is addressed as part of other engagement options. Equipment Fees Tripepi Smith offers some services that require equipment, such as drone operations and video production. As such, in those cases, the following rates apply: ● $750 for a full day of video equipment use (includes full set of video equipment). Full day is defined as a shoot lasting more than four hours. ● $450 for a half day of video equipment use. Half day is defined as anything up to four hours of video production. All such expenses will be authorized by the organization prior to fee being assessed. ● $500/day drone fee applies and is not inclusive of the drone operator time (drone operator rate). Larger production projects may require additional fees for extensive equipment needs, multiple cameras, live switchboards and more. These fees will be discussed prior to being incurred with the City. Printing Fees Tripepi Smith is happy to use a printer of the client’s choosing for print production work, or to recommend a printer with whom we have experience. Tripepi Smith typically has the printer bill the client directly for work. Tripepi Smith makes no money on print services and has no economic interest in the selected print vendor other than ensuring quality and fair pricing for our clients. If Tripepi Smith is asked to pay the bill for the client, we will apply a 10% agency fee to the reimbursement expense. Media Placement Purchase fees for advertising media space is not included on Tripepi Smith advertising proposals. Usually, clients contract directly with media, but in the event Tripepi Smith covers these fees, then we will charge an additional 10% agency fee on all advertising charges to compensate for the administrative overhead. (Labor time associated with researching media placement will be charged on a time & materials basis.) City of Baldwin Park/SB 1383 Education and Outreach 18 Digital Advertising Fees Tripepi Smith is a Google Partner and Constant Contact Solution Provider and has Facebook Certified staff. We consider digital platforms to be a cornerstone element of any outreach strategy; often this comes with digital advertising fees. Tripepi Smith typically uses a client’s credit card to cover such fees, and those fees are impossible to estimate at this time without our firm being engaged in the work with the team. If a Tripepi Smith credit card is used to run the advertising campaign, then we will charge an additional 10% agency fee on all advertising charges to compensate for the administrative overhead. 2. Approach Two – Simple Engagement This approach uses a fixed scope and fee approach to bring more certainty to the cost of the outreach for the City. Work that evolves beyond the defined scope is addressed on either an incremental noted fee basis or through time and material work. Such incremental work would be clearly noted and authorized by the City in writing prior to proceeding. The project duration is for 12 months. The Simple Engagement includes the following: • Project management for education and outreach • Updates to webpage content • Bimonthly social media content in English and Spanish and 1 social media ad (boosted post) • Quarterly content for e-newsletter/newsletter • Design of 1 postcard or billing insert (excludes costs of printing/mailing) • Leadership talking points • 1 bilingual press release • Animated explainer video with captions in English and Spanish Package Price Simple Engagement Package $31,280 City of Baldwin Park/SB 1383 Education and Outreach 19 Add-On Options Price Dedicated standalone website $3,750 (plus $610 annual hosting fee) First/Each Additional In-Person Workshop $3,070* / $2,350* First/Each Additional Virtual Workshop $2,390 / $1,670 Video Recording at In-Person Meeting $1,400 Video Recording/Editing of Virtual Meeting $400 Access to B-Roll Video Footage $500 Management of a Dedicated SB 1383 Email Account $587.75/month SB 1383 Compliance Assessment $1,600 Campaign Branding/Logo $1,480 Additional Targeted Technical Assistance and Outreach Time & Materials TV & Radio Ads Time & Materials Coordinating translations/ interpretations for languages other than Spanish Time & Materials *In-person workshop pricing does not include travel costs. 3. Approach Three – Expansive Engagement This approach also uses a fixed scope and fee approach to bring more certainty to the cost of the outreach for the City, and it includes expanded outreach to include a dedicated website, workshop, an animated video and more. Work that evolves beyond the defined scope is addressed on either an incremental noted fee basis or through time & materials work. Such incremental work would be clearly noted and authorized by the City in writing prior to proceeding. City of Baldwin Park/SB 1383 Education and Outreach 20 The project duration is for 12 months. The Expansive Engagement includes the following: • Project management for education and outreach • Creation of a dedicated standalone SB 1383 website, including custom resources and ongoing updates • Development of bimonthly social media graphics/posts, including creation and set-up of 4 ads/boosted posts • Monthly content for e-newsletter/newsletter • Development of e-newsletter alert template • Design of 1 postcard/billing insert, 1 flyer and up to 4 additional collateral pieces such as door hangers, magnets, etc. (excludes costs of printing/mailing) • Animated video (no more than 2 minutes in length) in English and Spanish • Campaign branding/logo including a logo concept/wordmark • 1 stakeholder workshop (excludes travel costs) • 6 bilingual press releases and corresponding media outreach • Leadership talking points Expansive Engagement Package Price Expansive Engagement Package $59,355 Add-On Options Price SB 1383 Compliance Assessment $1,600 Each Additional In-Person Workshop $2,350* First/Each Additional Virtual Workshop $2,390 / $ 1,670 Video Recording at In-Person Meeting* $1,400 Video Recording/Editing of Virtual Meeting $400 City of Baldwin Park/SB 1383 Education and Outreach 21 Package of 4 PSA Videos $5,870 Access to B-Roll Video Footage $500 Management of a Dedicated Recycling Email Account $587.75/month Additional Targeted Technical Assistance and Outreach Time & Materials TV & Radio Ads Time & Materials Coordinating translations/ interpretations for languages other than Spanish Time & Materials *In-person workshop pricing does not include travel costs. Payment Schedule and Terms For ad hoc work, we invoice at the end of each month for that month’s services. Terms are NET 30 days. For fixed price project work that spans the 12-month projected duration of this engagement, we will invoice on the second, fifth, eight and twelfth month of the 12-month engagement in equal 25% increments. Any expenses we incur or one-off additional project will invoice upon delivery. City of Baldwin Park/SB 1383 Education and Outreach 22 References Contact Description City of La Cañada Flintridge Carl Alameda Director of Admin Services 818.790.8880 calameda@lcf.ca.gov General communications support, quarterly newsletter content and layout, graphic design, media relations, social media management Pivot Charter School Jayna Gaskel Executive Director 530.550.7616 jgaskell@pivotcharter.org Online advertising campaigns, social media management, collateral development, web content and maintenance, photography and videography, print advertising California City Management Foundation Ken Pulskamp Executive Director 661.510.0888 ken@cacitymanagers.org Communications planning, membership support, website design, website support, graphic design, event staffing, event planning, photography, videography, program management City of Cupertino Brian Babcock Public Information Officer 408.777.3262 brianb@cupertino.org Style guide creation, brand evaluation, communications assessment, website evaluation (and prior work with Brian at City of Saratoga) City of Tracy Barbara Harb EDFP, Economic Development Analyst 209.831.6491 barbara.harb@cityoftracy.org Message development, audience identification, graphic design, and digital advertising campaign management City of Baldwin Park/SB 1383 Education and Outreach 23 Clients Tripepi Smith has been selected to work with over sixty local government agencies to help with their communications. We can provide you with contacts at any of these clients if desired and are confident you will find them to be quite happy with our services. California City Management Foundation California Joint Powers Insurance Authority City of Aliso Viejo City of American Canyon City of Anaheim City of Azusa City of Bellflower City of Claremont City of Coronado City of Covina (City of) Culver City City of Cupertino City of Cypress (City of) Daly City City of Danville City of Downey City of Duarte City of El Cerrito City of Fountain Valley City of Fullerton City of Grover Beach City of Hawaiian Gardens City of Hercules City of Huntington Beach City of Indian Wells City of Industry City of Irvine City of La Cañada Flintridge City of La Palma City of La Puente City of Lake Forest City of Laguna Hills City of Laguna Niguel City of Lancaster City of Livermore City of Lomita City of Lynwood City of Manhattan Beach City of Manteca City of Martinez City of Millbrae City of Morgan Hill City of Murrieta City of Napa City of Newport Beach City of Norwalk City of Orange City of Orinda City of Palm Desert City of Palmdale City of Paramount City of Pico Rivera City of Pomona City of Rancho Palos Verdes City of Rancho Mirage City of Renton, WA City of Riverbank City of Rolling Hills Estates City of Santa Clarita City of Santa Cruz City of Santa Paula City of Saratoga City of South Gate City of Tracy City of Tustin City of Twentynine Palms City of Vallejo City of Vista City of Westlake Village City of Walnut (City of) Yuba City Town of Yucca Valley Town of Windsor California Choice Energy Authority Citrus Heights Water District Claremont McKenna College Costa Mesa Sanitary District El Toro Water District Municipal Management Association of Northern California Municipal Management Association of Southern California Orange County City Manager Associations Rowland Water District San Gabriel Valley City Manager Association South Orange County Wastewater Authority City of Baldwin Park/SB 1383 Education and Outreach 24 PROJECT TEAM STAFFING Proposed Team Ryder Todd Smith Co-founder President Jen Nentwig Director APR Michael Balliet Director Sara Madsen Business Analyst Kylie Benzing Jr. Business Analyst Anne Jang Jr. Business Analyst It is anticipated that Director Jen Nentwig will be the team lead for the proposed engagement. Jen will handle account and project management, logistics, coordination and creative direction for writing and design. Business Analyst Sara Madsen will provide additional project management support and subject matter expertise. Director Michael Balliet will provide technical expertise throughout the engagement and participate as a subject matter expert in check-in calls, workshops and other projects as applicable. Junior Business Analysts Kylie Benzing and Anne Jang will provide support for content development, graphic design, website updates, etc. City of Baldwin Park/SB 1383 Education and Outreach 25 Bios (see resumes in the appendix to learn more about the proposed team) Ryder Todd Smith – President Ryder has a mixed background in the worlds of government relations, technology and marketing. He served as the SVP of Operations and Chief Information Officer for a software-as-a-service startup in the financial services sector. Prior to that, he was the technology manager for a regional staffing firm. Ryder leads Tripepi Smith and is the ultimate project owner on all work handled by the firm. He is the creator of the City Internet Strategies Study, publisher of the Civic Business Journal, and a frequent speaker on the local government circuit. His insights have been published in Western City and PM magazines. He volunteers his time as vice chair of the Rose Institute of State and Local Government Board of Governors and previously served as a Planning Commission for the City of Tustin. Ryder graduated from Claremont McKenna College with a Bachelor of Arts in Philosophy, Politics, Economics and a dual degree in Economics. Jennifer Nentwig, APR – Director Jennifer Nentwig is a talented, well-rounded communications professional and project manager with more than 13 years of experience serving government organizations. She has built and implemented programs in strategic communications, media relations, internal communication, community relations and social media. Her skills include website and social media management, development of content including articles, speeches, talking points and FAQs, as well as event planning and implementation. Jen’s clients include the City of Vallejo, City of Lomita, Pivot Charter School, Costa Mesa Sanitary District and City of Lancaster. She is a Hootsuite Social Marketing Professional, is Facebook Blueprint certified, and has her Accreditation in Public Relations from the Public Relations Society of America (PRSA). Michael Balliet – Director Michael Balliet brings extensive solid waste industry experience to his consulting and auditing services for local governments. Mr. Balliet’s primary field of expertise is in solid waste franchising, waste hauler management, agreement compliance audits, financial audits and rate setting analysis, as well as his in-depth understanding of the regulations governing solid waste collection, diversion and disposal and how local jurisdictions can effectively meet State legislative requirements. His audits of franchise hauling agreements have included the reviews of hauler operations and accounting practices throughout California and Nevada, Montana, Texas, Florida and Georgia. He has performed well over 500 hauler-audits, and over 20 landfill and material recovery facility audits, producing an average client recovery City of Baldwin Park/SB 1383 Education and Outreach 26 of over $50,000. He has never had an audit fail to reach satisfactory resolution. Mr. Balliet has been an environmental consultant based in California since 1991. As part of his work with local governments he has audited and developed recycling programs for many of the largest businesses in Los Angeles County (Northrop, Allied Signal, Dow Chemical, Mobil Oil, etc.). Work in Orange County began in 1992 with the City of Costa Mesa and eventually moved to institutional clients (U.C. Irvine) and Orange County’s most visible business, Disneyland. For the past several years this focus has shifted to AB 341 and AB 1826 compliance programs. Sara Madsen – Business Analyst/Graphic Artist Sara Madsen is a talented project manager and graphic designer with a background in marketing and environmental sustainability, in which she earned her degree from San Diego State University. Her formal education in Visual Communications and passion for the environment led her to complete a Creative Design internship with ECOLIFE Conservation. During her time with the non-profit, she advanced her strategic approach to graphic design. As a continuation of her interest in non-profits, NGOs, and the public sector, Sara tackles graphic design, digital marketing and web development projects for clients and Tripepi Smith. Her clients include City of Indian Wells, City of Paramount, City of Hawaiian Gardens, City of Vallejo, City of Lomita, City of Culver City, City of Palm Desert, City of Palmdale, California Choice Energy Authority, Santa Clarita Valley Water, California Joint Powers Insurance Authority, Renne Public Law Group and Civiltec Engineering. Sara is certified as a Constant Contact Certified Solutions Provider and Hootsuite Social Marketing Professional. She has also completed the Public Policy Making Academy II at the University of California, Irvine and the Executive Education Forum for Local Leaders at the University of Southern California. Kylie Benzing – Junior Business Analyst Kylie Benzing brings a diverse skillset to the team from her experience in several industries, such as litigation services, academic administration and music marketing. She graduated from Biola University with a Bachelor of Science in Business Administration with a concentration in Business Management. She has a strong background in social media strategy, website development, writing and scheduling and high-volume operations due to her experiences as Administrative Assistant at Biola University, Marketing Intern at Transparent Productions, Social Media Marketing Manager at TSE Worldwide Press and Operations Associate at TSG Reporting. City of Baldwin Park/SB 1383 Education and Outreach 27 Kylie is a certified Hootsuite Social Marketing Professional. Her clients include Cypress Organics Recycling, City of Santa Barbara, City of Carlsbad and Independent Cities Finance Authority. Anne Jang – Junior Business Analyst/Junior Graphic Designer Anne Jang brings a tireless work ethic and commitment to quality to the Tripepi Smith team with a background in graphic design, marketing and public policy. She graduated from Claremont McKenna College and majored in Government and Philosophy. She developed her skills in project management, event planning and marketing while studying at Claremont McKenna College and experiences with research institutes, clubs and internships, such as the Veterans’ Legal Institute and the Orange County Board of Supervisors. Anne is a certified Hootsuite Social Marketing Professional. She is an editor of PublicCEO.com and works with many of Tripepi Smith’s redistricting clients. City of Baldwin Park/SB 1383 Education and Outreach 28 APPENDIX: WORK SAMPLES The following examples highlight work that speaks to the breadth of Tripepi Smith’s communication skills. We encourage you to see all the work we have done for clients through our online portfolio at: www.tripepismith.com/work. Costa Mesa Sanitary District - Waste- Sorting Magnets Description: As part of a campaign for the Costa Mesa Sanitary District promoting use of organics kitchen pails, our team developed and ordered magnets illustrating the materials that should go in customers’ organics carts. The magnets are an easy-to-use reference to promote proper recycling and serve as visual cues to promote new habits. City of Lomita – SB 1383 Webpage Description: The Tripepi Smith team developed an SB 1383 webpage for the City of Lomita to inform residents of the upcoming changes to their waste collection. The page features visually appealing graphics and easily digestible content for residents and businesses including background information and FAQs . City of Baldwin Park/SB 1383 Education and Outreach 29 Districting Websites/Subpages Description: The districting website in Lake Forest and districting subpages in Palm Desert are representative of our work creating districting-related websites for public agencies. City of Baldwin Park/SB 1383 Education and Outreach 30 City of Palm Desert – Bilingual Community Meeting Materials Description: Tripepi Smith provided PowerPoints (sample English slide below) and flyers (sample flyer in Spanish below) for distribution at Palm Desert’s districting workshops. City of Baldwin Park/SB 1383 Education and Outreach 31 City of La Cañada Flintridge Description: The City of La Cañada Flintridge (LCF) engaged Tripepi Smith in 2014 to perform a communications assessment and provide recommendations for expanding City communications. Our firm was subsequently engaged to perform part time PIO services. Over the years we have delivered revised logos for the City and consistently delivered a sophisticated, quarterly community newsletter, the LCF Vista. City of La Cañada Flintridge - Website Description: Tripepi Smith delivered a new website for LCF at the end of 2019. The site is built in WordPress and followed our standard development process: Website Specification, Website Design, Programming, Quality Assurance Testing, and Training and Launch. We have done this process dozens of times, and the results have been successful. LCF included a requirement in their RFP for an opensource solution for the website, as they wanted to avoid proprietary lock-in. This result was achieved with the Tripepi Smith-developed website, which also included important features like ADA compliance, proper embedding of third-party city tools, website security, pop-up alerts and a dead simple content management system that various staff feel comfortable editing. The process took about eight months to complete. www.cityoflcf.org City of Baldwin Park/SB 1383 Education and Outreach 32 City of La Cañada Flintridge – Flyer/Mailer Description: The City of La Cañada Flintridge tapped Tripepi Smith to create a flyer with tips for preventing the spread of COVID-19 that was mailed to all residents. City of Murrieta State of the City – Video Description: Tripepi Smith delivered the first-ever State of the City Video for the City of Murrieta. The video debuted on July 24, 2019 at Mayor Jonathan Ingram’s State of the City address. The 19-minute video features more than a dozen interviews of City employees and Murrieta community members to give the viewers a taste of the good life in Murrieta. “Murrieta has a lot of progress to report, from new infrastructure investments to innovative public safety and a growing healthcare sector. Our community has seen a lot of growth, yet maintains a commitment to providing high-quality, economical, responsive services to our residents,” said Kim Summers, City Manager of the City of Murrieta. “Tripepi Smith guided our team through the storytelling process, capturing the high quality of life we have here in Murrieta, and the resulting video is a product that our whole community can be proud of. The Tripepi City of Baldwin Park/SB 1383 Education and Outreach 33 team was an excellent partner with the City in executing this projet.” The project, led by Tripepi Smith President Ryder Todd Smith and Business Analyst Melanie James, involved a detailed script process, interviews with 20 people over two days and additional b-roll shoots to capture a variety of locations in Murrieta, including parks, healthcare centers, schools, businesses and public safety buildings. Videographers Eric Lowy and Angel Ruiz were key in capturing the City’s esteemed quality of life. The video was also supplemented by Murrieta’s large photo library and engaged staff. Access the video: https://vimeo.com/286035591 City of Indian Wells – Infographics Description: Tripepi Smith used engaging information graphics to translate Indian Wells’ budget data into an engaging “Budget-at-a-Glance” mailer that successfully put the information in front of the community in a digestible way. City of Baldwin Park/SB 1383 Education and Outreach 34 City of Duarte - Engagement Report Description: Tripepi Smith has been providing communication support on a retainer basis for the City of Duarte since June 2020. As part of our engagement, Tripepi Smith provides a monthly dashboard report to City Staff for them to review progress and distribution impacts of their communication efforts. Social media is a major component of the engagement, and Tripepi Smith provides metrics related to social media work to the City Staff each month. This metrics report, which is ultimately delivered to City Council, provides critical insights into the City’s outreach efforts and has helped advance a culture of communication at the City. Tripepi Smith strongly encourages our clients to generate monthly dashboard reports on communication efforts to ensure progress is being measured or shortcoming are being identified. City of Baldwin Park/SB 1383 Education and Outreach 35 SOCWA – Website & Brochure Description: In addition to designing the SOCWA website, Tripepi Smith created their overview brochure to highlight the role they and their member agencies play, as well as to educate ratepayers on the subject of wastewater treatment. www.socwa.com City of Lomita - Website Description: Tripepi Smith built a new user-friendly website for the City of Lomita Water Division. www.lomitawater.com City of Baldwin Park/SB 1383 Education and Outreach 36 Inland Empire Utilities Agency - Logo Description: The Inland Empire Utilities Agency (IEUA) engaged Tripepi Smith to refresh and rebuild their website. We created a new website for the client and continued maintenance support for them. In addition, Tripepi Smith has handled creative and marketing support surrounding the drought. www.ieua.org California JPIA - Brochure Description: California JPIA needed a marketing brochure that reflected their commitment to remain the absolute best in their field. Tripepi Smith created a rich, custom cut piece. The logo showed through a small window and special textural varnishes created tactile effects and made the key elements really pop. Tripepi Smith serves JPIA’s overall graphic needs. City of Baldwin Park/SB 1383 Education and Outreach 37 City Stock Photography Description: Tripepi Smith provides a wide array of event, architectural portrait and street photography services. Our team uses high resolution professional DSLR equipment – primarily Sony A7III cameras with premium lens options. This professional equipment is matched with the talent of our team members and their post-production Photoshop and Lightroom skills to generate great results for our clients. Social Media for City Brands Tripepi Smith manages social media channels for several government agencies. The following are examples to review: https://www.facebook.com/CityOfCulv erCity/ https://twitter.com/culvercitygov?lang= en https://www.instagram.com/culvercityg ov/?hl=en https://www.facebook.com/CityofSanta Paula/ https://twitter.com/santapaulacity https://www.facebook.com/CityOfLaCa nadaFlintridge/ https://twitter.com/TheCityofLCF/ https://www.facebook.com/duartecom munity https://twitter.com/cityofduarte https://www.instagram.com/city_of_du arte/?hl=en City of Baldwin Park/SB 1383 Education and Outreach 38 MuniTech Academy - Flyer Description: Tripepi Smith created promotional flyers for the education branch of the Municipal Information Systems Association of California, MuniTech Academy. City of Baldwin Park/SB 1383 Education and Outreach 39 Livermore - Banners Description: The City of Livermore engaged Tripepi Smith to promote temporary parking at a garage in its downtown. City of Baldwin Park/SB 1383 Education and Outreach 40 Content Development The following are sample press releases and stories that Tripepi Smith drafted or helped develop: City of Manhattan Beach City Terminates Employment Agreement with Fire Chief https://www.citymb.info/Home/Components/News/News/4803/43 City Council Expands and Clarifies LA County Public Health Orders Closures and Operational Requirements of Numerous Business Types https://www.citymb.info/Home/Components/News/News/4701/4811?npage=1&arch=1 City of Grover Beach Help Shape Grover Beach by Pursuing a Position on the City Council or Planning Commission http://www.groverbeach.org/ArchiveCenter/ViewFile/Item/1808 City of Santa Paula Santa Paula adopts balanced budget for Fiscal Year 2020/21 https://spcity.org/CivicAlerts.aspx?AID=31 Santa Paula's Local Sales Tax Dollars at Work https://spcity.org/CivicAlerts.aspx?AID=26 City of Santa Ana Santa Ana Establishes 200-Bed Interim Homeless Shelter in 28 Days https://www.westerncity.com/article/santa-ana-establishes-200-bed-interim-homeless-shelter-28-days **Ghost wrote article for City of Santa Ana Staff. Ran in Western City Magazine City of Indian Wells Mayor’s Letter to Community – July 2020 https://conta.cc/2VDR9ri Indian Wells Celebrates Change and What Remains the Same https://www.palmspringslife.com/indian-wells-ca/ Indian Wells Budget-at-a-Glance City of Baldwin Park/SB 1383 Education and Outreach 41 https://www.cityofindianwells.org/home/showdocument?id=4661 California Joint Powers Insurance Authority City of Monrovia Engages Community in Prevention–Based Approach to Homelessness https://cjpia.org/newsletter/issue-97/article-8 City of La Cañada Flintridge Leverages Trail Immunity https://cjpia.org/newsletters/issue-91/article-6 City of Baldwin Park/SB 1383 Education and Outreach 42 APPENDIX: RESUMES RYDER TODD SMITH TRIPEPI SMITH – PRESIDENT 11/00 – PRESENT ● Provide communications advice, strategy and execution services to a range of small to mid-sized public and private sector clients spanning local government, real estate, finance, technology and healthcare verticals MAVENT INC – SENIOR VICE PRESIDENT, OPERATIONS 5/05 – 11/09 ● Responsible for quality assurance, technology operations and internal infrastructure organizations ● Built team of technology professionals to manage multi-site production environment at co-location facilities. ● Managed vendor relationships and reviewed all invoices ● Brought focus to key areas, including: system documentation, knowledge sharing with other employees, schedule management for finite resources and enhanced security ● Developed and managed the departmental budgets for three groups MAVENT INC – VICE PRESIDENT, MARKETING 08/04 – 05/05 ● Managed the Company’s outside PR firm relationship, creative firm relationship, corporate website, ad campaigns, conference schedule, conference logistics and internal employee communications ● Developed and managed the marketing budget MAVENT INC – VICE PRESIDENT, GOVERNMENT RELATIONS 02/03 – 08/04 ● Monitored nationwide political activities that were pertinent to Mavent’s interests ● Developed relationships with third-party interest groups that impacted the Company’s product ● Participated in industry conferences and represented the Company at industry events OLYMPIC STAFFING SERVICES – INFORMATION TECHNOLOGY MANAGER 01/98 – 11/00 ● Managed and controlled all aspects of the technology environment at this five-location, 35- employee company NORTHROP GRUMMAN CORPORATION – GOV’T REPRESENTATIVE 07/97 – 12/97 ● Worked directly with the Director of State and Local Government Relations to research issues of concern to Northrop Grumman ● Developed agendas to target upcoming legislative issues ● Assisted in lobbying work and development of testimony EDUCATION CLAREMONT MCKENNA COLLEGE – CLAREMONT, CA ● Bachelor of Arts in Politics – Philosophy – Economics with Dual in Economics Cum Laude Honors City of Baldwin Park/SB 1383 Education and Outreach 43 JENNIFER NENTWIG, APR TRIPEPI SMITH – DIRECTOR 01/21 – PRESENT ● Strategic advice and project leadership across an array of clients ● Redistricting subject matter expertise, business development and project management ● Internal leadership on policy areas like water quality, major infrastructure projects TRIPEPI SMITH – SENIOR BUSINESS ANALYST 08/19 – DECEMBER 2020 ● Provides project management and account support for numerous clients ● Develops content including strategic messaging, leadership talking points, speeches and articles COUNTY OF ORANGE – COMMUNICATIONS MANAGER 11/16 – 8/19 ● Managed County website and social media accounts, including Facebook, Twitter, Instagram and Nextdoor ● Developed and implemented communication plans, including talking points, key messages and FAQs ● Led development of award-winning monthly digital magazine reaching 18,000 County employees BOOZ ALLEN HAMILTON – COMMUNICATIONS CONSULTANT/ASSOCIATE 09/11 – 11/16 ● Led communications support of several U.S. military clients such as the Naval Aviation Enterprise ● Developed and published high-visibility products including vision documents and strategic plans U.S. AIR FORCE RESERVES – PUBLIC AFFAIRS OFFICER/MAJOR 09/11 – PRESENT ● Provides once-a-year Public Affairs support to active-duty U.S. Air Force units U.S. AIR FORCE – PUBLIC AFFAIRS OFFICER/CAPTAIN 05/07 – 08/11 ● Served as Director of Public Affairs for U.S. military joint task force providing humanitarian assistance and disaster relief ● Led media relations program and community relations events for Nellis Air Force Base, Nevada, including support for a visit and speech by President Barack Obama EDUCATION UNIVERSITY OF SAN DIEGO – SAN DIEGO, CA ● Master of Science in Global Leadership UNIVERSITY OF NOTRE DAME – NOTRE DAME, IN ● Bachelor of Arts in Political Science, Minor in Hesburgh Program of Public Service – Magna Cum Laude Honors PROFESSIONAL DEVELOPMENT ● Accreditation in Public Relations, Public Relations Society of America 2015 ● Public Affairs Qualification Course, Defense Information School 2007 CERTIFICATIONS ● Facebook Blueprint Digital Marketing Associate 07/20 ● Hootsuite Social Marketing 09/19 SOFTWARE ● Hootsuite ● Constant Contact ● Canva City of Baldwin Park/SB 1383 Education and Outreach 44 MICHAEL BALLIET TRIPEPI SMITH – DIRECTOR 06/21 – PRESENT ● Conduct market research to provide client insights ● Develop strategy to improve social media marketing efforts ● Write stories and press releases for the firm’s website and city clients MICHAEL BALLIET CONSULTING, LLC – PRESIDENT 01/99 – PRESENT ● Develop and manage municipal and county government waste hauling contracts ● Perform all aspects of compliance consulting services related to State solid waste mandates ● Execute franchise hauler audits, both financial and performance, throughout the state of California, Texas, Georgia, Florida and Nevada AMERICLEAN ENVIRONMENTAL SERVICES, INC. – CHIEF OPERATING OFFICER 07/91 – 12/98 ● Launched business, obtained first municipal contracts, and supported growth into a multi-million dollar consulting practice employing 20 professionals EDUCATION UNIVERSITY OF CALIFORNIA, IRVINE – IRVINE, CA ● Business/Managerial Economics AREAS OF EXPERTISE ● Waste Hauling RFP & Performance Reviews ● Waste Hauler Financial Audits ● Waste Management Program Development and Implementation ● Landfill Compliance and Financial Audits ● Municipal Solid Waste Contract Compliance Program Development ● Business Technical Assistance Programs ● Educational Program Development ● Waste Collection Feasibility and Rate Studies ● Grant Application Development/Project Management CURRENT CLIENTS ● Waste City of Costa Mesa, CA – 1992 to Present ● City of Laguna Woods, CA – 2001 to Present ● Costa Mesa Sanitary District – 2010 to Present ● City of Irvine, CA - 2013 to Present ● City of Los Alamitos – 2013 to Present ● City of Diamond Bar – 2015 to Present City of Baldwin Park/SB 1383 Education and Outreach 45 SARA MADSEN TRIPEPI SMITH – BUSINESS ANALYST/GRAPHIC ARTIST 01/21 – PRESENT ● Project Management: Serve as project manager lead across multiple clients; execute project management tasks and ensure deliverables are completed efficiently and meet and exceed client quality expectations ● Graphic Design: Manage creative strategy and execute graphic design on assignments such as logo development and infographic design ● Website Development: Manage website design process, content transfer, modification and maintenance ● Writing: Produce and distribute social media, articles, newsletters, surveys and press releases TRIPEPI SMITH – JUNIOR BUSINESS ANALYST/GRAPHIC ARTIST 07/18 – 12/20 ● Execute graphic design on layout and concept design of brand-consistent print and web projects ● Manage website design, modification and maintenance ● Produce and distribute social media, articles, newsletters, surveys and press releases ● Set up, assistance and publication of e-newsletter campaigns and additional email marketing EDUCATION ● Bachelor of Science in Marketing, Concentration: Integrated Marketing Communications, Minor in Sustainability – San Diego State University – San Diego, CA – Cum Laude ● Associate of Arts in Visual Communications – Fashion Institute of Design and Merchandising – Los Angeles, CA – Magna Cum Laude PROFESSIONAL DEVELOPMENT ● UCI Public Policy Making Academy II 03/20 ● CAPIO “Facebook and Instagram for Government” Workshop 12/19 ● USC Executive Education Forum for Policy and Administration 10/19 CERTIFICATIONS ● Constant Contact Certified Solutions Provider 09/21 ● Hootsuite Social Marketing 06/19 SOFTWARE ● Adobe Illustrator ● Adobe Photoshop ● Adobe InDesign ● Adobe Lightroom ● Constant Contact ● Hootsuite ● WordPress ● Canva ● Microsoft Office City of Baldwin Park/SB 1383 Education and Outreach 46 KYLIE BENZING TRIPEPI SMITH – JUNIOR BUSINESS ANALYST 06/21 – PRESENT ● Conduct market research to provide client insights ● Develop strategy to improve social media marketing efforts ● Write stories and press releases for the firm’s website and city clients TSG REPORTING – OPERATIONS ASSOCIATE 11/20 – 04/21 ● Consulted with worldwide law firms to provide them with proper litigation needs ● Managed the schedules of 300+ global reporters, videographers and digital operators ● Provided technical support to prepare all litigation staff for remote work ● Set up and monitored 50+ Zoom meetings daily to ensure logistical success. TSE WORLDWIDE PRESS – SOCIAL MEDIA MARKETING MANAGER 05/20 – 11/20 ● Reconstructed and co-designed a new website for TSE Worldwide Press ● Initiated marketing and PR tactics to build the branding for entrepreneur Sarah Tse ● Implemented a social media marketing plan for the company and entrepreneur ● Redesigned the branding of the entrepreneur's various social media platforms BIOLA UNIVERSITY – ADMINISTRATIVE ASSISTANT 10/17 – 11/20 ● Monitored daily and weekly schedules and monthly calendar obligations for Academic Advisor ● Built and tracked degree checklists for students before academic advising sessions ● Worked closely and diligently with faculty members to help them in achieving their goals ● Assisted with management and tracking of event information and ticketing ● Input travel documentation and expenses for speakers, faculty and event planning teams ● Liaison between the accounting, purchasing and cashier departments EDUCATION ● Bachelor of Science in Business Administration - Management – Biola University – La Mirada, CA o Dean’s List Recipient CERTIFICATIONS ● Hootsuite Social Marketing 06/21 SOFTWARE ● Google Suite ● Microsoft Office ● Canva City of Baldwin Park/SB 1383 Education and Outreach 47 ANNE JANG TRIPEPI SMITH – JUNIOR BUSINESS ANALYST 01/21 – PRESENT ● Research and produce deliverables on diverse local governance topics ● Write stories and press releases for the firm’s website and city clients ● Execute graphic design on layout and concept design of brand-consistent print and web projects ORANGE COUNTY BOARD OF SUPERVISORS – POLICY AND LEGISLATIVE INTERN 01/20 – 05/20 ● Delivered promotional content to the creative production team and organized and logged ongoing footage ● Collaborated with graphic designers to provide art direction for promotional artwork development ● Researched the competitive landscape, analyzed valuable partnerships and arrange visual presentations POLICY LAB – STUDENT ANALYST 08/19 – 12/19 ● Researched pertinent policy issues, created visualizations, composed memos, and presented findings to clients ● Analyzed and conducted research for Congressional Earmark Reform on behalf of the R Street Institute VETERANS LEGAL INSTITUTE – MARKETING AND LEGAL ASSISTANT 05/18 – 07/19 ● Researched and contacted over 300 organizations and individuals requesting fundraising support ● Designed a case statement conveying the mission and future needs of the Institute graphically ● Collaborated with Director of Development and Executive Director on other responsibilities as assigned BERGENER MIREJOVSKY LAW – MARKETING AND LEGAL ASSISTANT 07/18 – 08/18 ● Developed website by building graphics and writing content ● Conducted research, identified problems and advised readers about preventable accidents ● Supported marketing executive in projects aimed at promoting firm, event planning, and publicity EDUCATION ● Bachelor of Arts in Government and Philosophy – Claremont McKenna College – Claremont, CA CERTIFICATIONS ● Hootsuite Social Marketing 01/21 SOFTWARE ● Adobe Photoshop ● Adobe Illustrator ● Adobe InDesign ● Adobe Lightroom ● Canva STAFF REPORT ITEM NO. _________7________ TO: Honorable Mayor/ Chair and Members of the City Council for the City of Baldwin Park FROM: Enrique C. Zaldivar, Chief Executive Officer Rose Tam, Director of Finance DATE: July 20, 2022 SUBJECT: FY22-23 Fiscal Budget Amendment Review SUMMARY From the June 15, 2022 City Council meeting, staff was directed to look into other available funding sources for the City department personnel requests in order to address necessary City services to the community as a whole. This report is to seek City Council’s approval for the requests as listed in the attachments. RECOMMENDATION Staff recommends that the City Council: 1. Review the appropriate funding to cover costs for proposed requests and make necessary budget adjustments after consideration; and 2. Authorize the CEO and HR to meet and confer with the labor union(s) and bring back the item to the City Council at the next regularly scheduled meeting for adoption. FISCAL IMPACT If all the requests are approved, the total estimated FY 22-23 fiscal impact to all funds is $843,616. The total estimated fiscal impact to the General Fund is $63,855. The estimated impact to the Special Revenue and Other funds will be $779,761 including $270,000 from the ARPA funds. ARPA funds will be allocated in the amount of $270,000 each fiscal year for FY22-23 and FY 23-24. The revised FY 22-23 budget with be updated and brought back to the City Council in the next meeting after obtaining final direction. BACKGROUND During the June 15, 2022 City Council meeting, staff presented the personnel requests to the City Council for consideration. Staff was directed to look into other funding sources including eligibility of using the ARPA funds to provide support to the personnel requests from all City departments including part-time salary adjustment. After reviewing funding sources, staff recommended allocating $270,000 from ARPA funds each year for FY 22-23 and FY 23-24 to rehire part time staff from the Recreation department due to restarting many Community programs and events. Staff was directed to adjust the part-time minimum hourly rate to $16.82 per hour. The estimated cost for the part-time salary adjustment to the General Fund is $114,747 and Special Revenue and Other funds is $14,460. After further evaluation, staff also recommends adjusting the salaries for the Administrative Clerk I and Administrative Clerk II positions to commensurate part-time salary adjustments. The total estimated cost for the adjustment for the full-time positions is $13,261 to the General Fund and $15,645 to Special Revenue and Other funds. This report also includes the Part-Time Department Assistant request during FY 21-22 that was intended to be included in the FY 22-23 department position budget and recently hired. This position is requested to assist in answering incoming phone calls to the Community Development and the Public Works department. The City has been receiving an increase in the volume of phone calls which has prevented staff from completing other competing priorities. The estimated cost is $18,207 to the Special Revenue funds. This position will be reporting to the Public Works department. ALTERNATIVES The City Council may provide further direction on the requests. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. FY22-23 Personnel Requests, Part-Time and Administrative Clerk I & II Salary Adjustments STAFF REPORT ITEM NO. ________8________ TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer By: Lourdes Morales, Chief Deputy City Clerk DATE: July 20, 2022 SUBJECT: Approval of Resolution No. 2022-037 Ordering the Submission to the Qualified Electors of the City of Baldwin Park of a Certain Measure Relating to Campaign Contribution Limits and Penalties at the General Municipal Election to be held on Tuesday, November 8, 2022, as Called by Resolution No. 2022- 025 SUMMARY At their March 2, 2022, City Council meeting, the Council adopted Ordinance No. 1468 Establishing Campaign Contribution Limits and Penalties. The measure would provide concurrence from the electorate of the Council adopted Ordinance. RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 2022-037 entitled, “A Resolution of the City Council of the City of Baldwin Park, California, Ordering the Submission of the Qualified Electors of the City of a Certain Measure Relating to Campaign Contribution Limits and Penalties at the General Municipal Election to be held on Tuesday, November 8, 2022, as called by Resolution No. 2022-025” FISCAL IMPACT The City is scheduled to have three (3) governing seats, one (1) City Clerk seat, and one (1) City Treasurer seat up for election during this year’s cycle. The following graph depicts a rough cost estimate summary with the addition of ballot measures: Number of Offices Number of Measures Election Cost 5 0 $173,229.72 5 1 $173,883.47 5 3 $175,190.98 5 6 $177,152.23 Disclaimer: the cost estimate may be subject to change. BACKGROUND The City Council of the City of Baldwin Park unanimously approved a strengthened campaign finance ordinance, placing more stringent limits on financial contributions to candidates for Baldwin Park elected offices. Ordinance 1468 lowers the maximum contribution from an individual or political action committee to $750 per candidate/PAC per election cycle. Additionally, commencing on January 1, 2023, the maximum allowable contribution will automatically be adjusted every two years to reflect the California Consumer Price Index. The Campaign Contributions Limits and Penalties Ordinance also prohibits campaign contributions from applicants with pending, recently approved or active contracts with the City and limits solicitation from entities during the period beginning in October of the year prior to an election through February of the year following an election. Placing the Ordinance on the ballot in the form of a measure provides the electorate the opportunity to approve the Ordinance, strengthening its applicability, and placing future changes to campaign finance limits in the hands of the voters. In the event the measure is not approved, the Council-adopted Ordinance would remain in effect, unless repealed by the City Council at a future date. ALTERNATIVES The City Council may select not to place this measure on the ballot. LEGAL REVIEW This report has been reviewed by the City Attorney. ATTACHMENTS 1. Resolution No. 2022-037 2. Cost Estimate from the Registrar Recorders Office RESOLUTION NO. 2022-037 A RESOLUTION OF CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF BALDWIN PARK OF A CERTAIN MEAUSRE RELATING TO CAMPAIGN CONTRIBUTION LIMITS AND PENALTIES AT THE GENEREAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, AS CALLED BY RESOLUTION NO. 2022-025 WHEREAS, the City Council of the City of Baldwin Park, California on March 2, 2022, adopted Ordinance No. 1468 providing for campaign contribution limits and penalties; and WHEREAS, the City Council of the City of Baldwin Park, California desires to submit to the voters at a General Municipal Election a proposed ordinance relating to campaign contribution limits and penalties; and WHEREAS, the City Council is authorized and directed by statue to submit the proposed ordinance to the voters. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE AND ORADER AS FOLLOWS: Section 1. That pursuant to the requirements of the (laws of the State of California relating to general law cities) there is called and ordered to be held in the Cit of Baldwin Park, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of submitting the following proposed ordinance: Shall City of Baldwin Park City Council Ordinance No. 1468, establishing campaign contribution limits and penalties lowering the maximum contribution from an individual or political action committee to $750 per candidate/PAC per election cycle be adopted by voters? YES NO Section 2. That the proposed measure submitted to the voters is as attached as Exhibit A. Section 3. That the vote requirement for the measure to pass is a majority of 50%+1 of the votes cast. Section 4. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 5. That notice of the time and place of holding the election is given and the Commented [1]: Is this statement a little misleading, in that you already have campaign contribution limits? Maybe it would be better to say something like “Shall the City of Baldwin Park’s existing Ordinance establishing campaign…………….be adopted by voters?” Just a thought. City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 6. That the City Clerk shall certify to the passage and the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this 20th day of July 2022. _______________________________ 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. 2022-037 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on July 20, 2022, 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 ORDINANCE NO. 1468 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ESTABLISHING CAMPAIGN CONTRIBUTION LIMITS AND PENALTIES WHEREAS, the City of Baldwin Park (“City”) does not currently have campaign contribution limits or regulations; and WHEREAS, Assembly Bill No. 571 (“AB 571) imposes a default campaign contribution limit upon cities and counties without campaign contribution limits; and WHEREAS, the default contribution limit amount is set at the same amount as the limit for State elected officials, subject to adjustment by the Fair Political Practices Commission (“FPPC”) pursuant to Government Code Section 85301 and 83124; and WHEREAS, Government Code Section 85702.5 permits the City to establish its own campaign contribution limits that are different from what is established by Government Code Sections 85301 and 83124 by resolution or ordinance; and WHEREAS, the FPPC has currently imposed a campaign contribution limit for State elected officials of $4,900 per election; and WHEREAS, based upon the forgoing, the City Council desires to establish a campaign contribution limit which recognizes the unique aspects of the City; and WHEREAS, it is the purpose and the intent of the City Council in enacting this Ordinance to establish an orderly political forum in which individuals and groups may express themselves effectively; to place realistic and enforceable limits on the amounts of money that may be contributed to political campaigns for City offices; and to provide for the full and fair enforcement of all the provisions of this Ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 40.01. Campaign Finance Reform. Chapter 40 of the Baldwin Park Municipal Code shall be interpreted in a manner which is consistent with the Political Reform Act of 1974 and the amendments pursuant thereto. Specifically, California Government Code section 85702.5 adopted pursuant to A.B. No. 571 effective January 1, 2020 and thereafter operative on January 1, 2021. SECTION 40.02. Definitions. The following words or phrases as used in this Ordinance shall have the following meanings: Except as herein provided, the definitions set forth in the Political Reform Act of 1974 (Government Code Section 81001 et seq.) shall govern the interpretation of this act. (a) As used in this Ordinance, “person” shall carry the same meaning as Government Code Section 82047. Government Code Section 82047 defines “person” as “an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert.” (b) "Candidate" or “Office Holder” means anyone who is qualified to be listed on a ballot or is listed on a ballot or is qualified to have write-in votes cast on their behalf counted by elections officials for nomination or election to any elective office in the City of Baldwin Park, including anyone who receives a contribution, makes an expenditure, or gives their consent for another person to receive a contribution or make an expenditure, to bring about the person’s nomination or election to an elective office in the City of Baldwin Park. “Candidate” does not include any person seeking nomination or election for elective office outside of the offices of the City of Baldwin Park listed in section “(h)” below. (c) "Committee" means any person or combination of persons formed for the purpose of promoting or opposing the election or reelection of a person to City elected office who directly or indirectly, (i) receives contributions, or (ii) makes independent expenditures or (iii) makes contributions at the behest of any City candidate within the meaning of California Government Code 82013. A campaign committee includes any "Controlled Committee" within the meaning of California Government Code section 82016, any "General Purpose Committee" within the meaning of California Government Code section 82027.5, any "Primarily Formed Committee" within the meaning of California Government Code section 82047.5, any "Sponsored Committee" within the meaning of California Government Code section 82048.7, or political action committee. (d) "Contract" means a covenant or agreement, a promise or set of promises, for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty. This definition does not include any “Contract” that does not go before the City Council and is not approved by the City Council. (e) "Contractor" shall mean any person or entity that has an existing contract, agreement, or other arrangement to provide the City with goods, services, or other items, or who has an interest in or expectation of obtaining such a contractual arrangement in the future. The term shall include any agent or representative of the Contractor and where the Contractor is a business entity shall include all owners, shareholders, principals, partners, members, officers, directors, and managers. (f) "Contribution" or “Contribute” means a payment, gifts as defined by the Political Reform Act, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, for any elective office in the City of Baldwin Park, except to the extent that full and adequate consideration is received or if it is clear from the surrounding circumstances that the payment is not made for political purposes. “Contribution” shall include the transfer of anything of value by a committee from another committee, unless full and adequate consideration is received. Notwithstanding anything in this Ordinance, a Candidate may transfer up to Five Thousand Dollars ($5,000) of post-election funds to their new campaign for elective office, or new campaign for the same elective office, if applicable. (g) "Developer" shall mean any person or entity who is currently seeking, or who has an interest in or expectation of seeking from the City a specific plan, zone change, development agreement, density bonus, subdivision tract map, conditional use permit, or an industrial or commercial use having a building area of 20,000 square feet or more. The term shall include any agent or representative of the Developer and where the Developer is a business entity shall include all owners, shareholders, principals, partners, members, officers, directors, and managers. (h) "Election" means any election for a City Councilmember for Baldwin Park, any election for Mayor of the City of Baldwin Park, and election for City Clerk of the City of Baldwin Park, and any election for Treasurer of the City of Baldwin Park, including a recall election for any of the above in the City of Baldwin Park. This definition does not include Water Board elections, School Board elections or any other elections not expressly stated herein. (i) "Independent Expenditure" shall have the same meaning as set forth under California Government Code section 82031. (j) "Political Action Committee" refers to any committee or organization as defined in California Government Code Section 82048.7 or Section 84222. (k) "Project" means any activity for which a permit from the City is required, including but not limited to, construction, deconstruction, demolition, conversion, and renovation. This definition shall not include permits pulled by the homeowner of a single family home related to home improvement and home repairs. This definition shall also not include “Exempt Projects” as set forth in section 53.14(B) of the Baldwin Park Municipal Code. (l) "Vendor" means any person or entity that has an existing contract, agreement, or other arrangement to provide the City with goods, services, or other items, or who has an interest in or expectation of obtaining such a contractual arrangement in the future. The term shall include any agent or representative of the Vendor and where the Vendor is a business entity shall include all owners, shareholders, principals, partners, members, officers, directors, and managers. (m)The purpose of this Ordinance is to encourage broader participation in the political process and to avoid corruption, or the appearance of corruption, in decision making and to protect the integrity of the City of Baldwin Park’s procurement and contract processes, by placing limits on the amount that any person may contribute or otherwise cause to be available to candidates for the office of mayor, city council, city clerk, and treasurer. SECTION 40.03. Campaign Contribution Limit. A person shall not make to a candidate for elective city office for the City of Baldwin Park, and a candidate for elective city office for the City of Baldwin Park shall not accept from a person, a contribution, totaling more than Seven Hundred and Fifty Dollars ($750) per election cycle where the Candidate or Officer Holder who is the beneficiary of the Contribution or Independent Expenditure is on the ballot or is a write-in Candidate or seeking nomination/appointment for the officer. In other words, this Contribution limit does not reset after each City election, it only resets after the Office Holder’s election. Campaign Contributions may only be solicited from October the year before an Election through February of the year following an Election. In addition, any primarily formed Committee that makes contributions or Independent Expenditures supporting or opposing a candidate or candidates in Baldwin Park Elections shall not accept from any person a contribution or contributions totaling more than seven hundred fifty dollars ($750.00) for each election in which the Candidate or Candidates are on the ballot or are write-in candidates. Any and all contributions solicited or accepted pursuant to this Ordinance shall be expended only in connection with the candidacy for the office specified in the candidate's declaration of intent to solicit and receive contributions or for any valid purpose as defined in Political Reform Act of 1974, as amended, or the fair political practices commission regulations interpreting the act, unless otherwise expressly noted in this article. A Committee may not change its status from the type of Committee that is reported on its statement of organization to any other type of Committee between the period that is eighteen (18) months prior to an election and December 31 immediately following an election. SECTION 40.04. Contributions by Developers. A Developer shall not contribute to a Candidate for elective city office for the City of Baldwin Park (40.02(h), and a Candidate for elective city office for the City of Baldwin Park shall not accept from a Developer, a Contribution, while the Developer has a Project pending approval by the City Council for the City of Baldwin Park or is presently in negotiations with the City for entitlements for a Project within the City of Baldwin Park and for six (6) months after the Project or entitlements are approved. If no project is pending before the City Council and no entitlement request is pending before the City Council, Developers are also limited to a Contribution totaling no more than Seven Hundred and Fifty Dollars ($750) per election (40.02(h). SECTION 40.05. Contributions by Vendors. A Vendor shall not Contribute to a Candidate for elective city office for the City of Baldwin Park (40.02(h)), and a Candidate for elective city office for the City of Baldwin Park shall not accept from a Vendor, a Contribution, while the Vendor has a Contract pending approval, either through an RFP process, RFQ process or otherwise, by the City Council for the City of Baldwin Park or is presently doing business with the City of Baldwin Park. If a Vendor has no Contract pending before the City Council and is not currently doing business for the City, Vendors are also limited to a Contribution totaling no more than Seven Hundred and Fifty Dollars ($750) per election. SECTION 40.06. Contributions from Personal Funds. The provision of Sections 40.03, 40.04, and 40.05 do not apply to a candidate’s contributions from the candidate’s personal funds to the candidate’s own campaign. Notwithstanding the foregoing, a candidate may not make loans to the candidate’s self or to the candidate’s campaign or any committee in support thereof in excess of ten thousand dollars ($10,000) per election. Nothing in this Section shall prohibit a Candidate from making unlimited contributions from his or personal funds to the Candidate’s campaign as long as it is not a loan and will not be repaid from the Candidate’s campaign fund or account. SECTION 40.07. [This Section has been intentionally left blank.] SECTION 40.08. Adjustment to Contribution Limit. The contribution limit set forth in Section 40.03 shall be automatically adjusted every two years by the City Council, City Clerk, City Manager, or other authority to reflect the percentage changes in the California Consumer Price Index (“CPI”) beginning January 1, 2023. Any increase or decrease in contribution limit based on the CPI shall be rounded to the nearest ten ($10.00) and no hundredths of a dollar. SECTION 40.09. Enforcement for Violations. Any person who knowingly or willing violates this Ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provision of this Ordinance shall be punished by a fine of not more than three times the amount of the Contribution or by imprisonment in the county jail for a period not less than one (1) day and not to exceed six months, or by both such fine and imprisonment. Any person convicted under this section must serve at least one day In County jail as a minimum sentence in addition to any fine imposed as described herein. SECTION 40.09.01 Cure Period for Violations. There will be a fourteen (14) day cure period, from the time a Candidate is notified of the violation, for a Candidate to address the complaint (either by returning excess funds or contesting the complaint) before a determination of guilt is established, sentence imposed and a fine is issued. SECTION 40.09.02 Enforcement by the FPPC. The City will contract with the FPPC to receive complaints and enforce violations of this Ordinance. If for any reason there is no contract in place with the FPPC to receive complaints and enforce violations, complaints will be received by the City Clerk and enforced by the CEO of the City pursuant to due process procedures identified in the Baldwin Park Municipal Code including, but not limited to, Chapter 15; Administrative Enforcement of Code Violations. SECTION 40.09.03 Liberal Construction Section. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the city council may be fully carried out. SECTION 40.10. Applicability of AB 571. By this Resolution, the City is adopting a campaign contribution limit in accordance Government Code Section 85702.5. By operation of law, the provisions of the Government Code Sections 85305; 85306; 85307; 85315; 85316; 85317; and 85318 no longer apply within the jurisdiction of the City to candidates for elective office. SECTION 40.11. Loans: A. Except as provided in subsections C and D of this section, a loan shall be considered a contribution from the maker and the guarantor of the loan and shall be subject to the contribution limitations of this Ordinance. B. Every loan to a Candidate or the Candidate's controlled Committee shall be by written agreement and such written agreement shall be filed with the Candidate's or committee's campaign statement on which the loan is first reported. C. The proceeds of a loan made to a Candidate by a commercial lending institution in the regular course of business on the same terms available to members of the public and which is secured or guaranteed shall not be subject to the contribution limitations of this article. D. During the election cycle, no candidate shall personally make loans to the candidate's campaign or the candidate's committee which total more than ten thousand dollars ($10,000.00). E. Extensions of credit ( other than loans pursuant to subsections C and D of this section) for a period of more than thirty (30) days are subject to the contribution limitations of this article. F. Nothing in this section shall prohibit a Candidate from making unlimited contributions to the candidate's campaign from his or her personal funds. SECTION 40.12. Aggregation of Payments. For purposes of the contribution limitations in this article the following shall apply: A. All payments made by a Person, as defined in this Ordinance and/or the Political Reform Act of 1974, as amended, whose Contribution or expenditure activity is financed, maintained or controlled by any corporation, labor organization, association, political party or any other person or committee, including any parent, subsidiary, branch, division, department or local unit of the corporation, labor organization, association, political party or any other person, or by any group of such persons shall be considered to be made by a single person or committee. B. Two (2) or more entities shall be treated as one person when any of the following circumstances apply: 1. The entities share the majority of members of their boards of directors. 2. The entities share two (2) or more officers. 3. The entities are owned or controlled by the same majority shareholder or shareholders. 4. The entities are in a parent-subsidiary relationship. C. An individual and any general partnership in which the individual is a partner, or an individual and any corporation in which the individual owns a controlling interest, shall be treated as one person. SECTION 40.13. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional. SECTION 40.14. Political Action Committee and or Independent Expenditure Identification. Any Political Action Committee as defined herein must file documents with the City Clerk identifying the Political Action Committee and identifying the FPPC number of the PAC before any monies may be expended by the PAC in any City of Baldwin Park election as defined in 40.02(h). Any Person who makes an Independent Expenditure in any City of Baldwin Park Election as defined herein must file documents with the City Clerk identifying the Committee or Person who will make the Independent Expenditure and identifying the FPPC number of the Person or Committee before any monies may be expended by in any City of Baldwin Park election as defined in 40.02(h). SECTION 40.15. Statute of Limitations. Prosecution for violations of any provision of this Ordinance shall be commenced within four (4) years after the date on which the violation occurred. SECTION 40.16. Amendments. Any amendments to this Ordinance shall not act to weaken the Ordinance or act in a manner that is counter to the spirit, purpose, or intent of the Ordinance. Amendment or repeal of any portion of this Ordinance, except mandated by a court of law, shall require a four-fifths vote of the City Council, except for amendments that are clerical or act to further clarify clauses in the Ordinance. First read at a regular meeting of the City Council of the City of Baldwin Park held on the 16th day of February 2022. PASSED, APPROVED, and ADOPTED this 2nd day of March 2022. _____________________________ 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 Ordinance No. 1468 was introduced, placed upon its first reading, and duly adopted on March 2, 2022 by the following vote to wit: AYES: COUNCIL MEMBERS: Avila, Damian, Garcia, Estrada, and Hernandez NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ________________________________ MARLEN GARCIA CITY CLERK STAFF REPORT ITEM NO. _______9_________ TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer By: Lourdes Morales, Chief Deputy City Clerk DATE: July 20, 2022 SUBJECT: Approval of Resolution No. 2022-038 Ordering the Submission to the Qualified Electors of the City of Baldwin Park of a Certain Measure Relating to an Increase in Sales Tax of ¾ Cent Transaction and Use (Sales) Tax to Benefit Baldwin Park Residents at the General Municipal Election to be held on Tuesday, November 8, 2022, as Called by Resolution No. 2022- 025 SUMMARY At their April 6, 2022, City Council meeting, the Council heard an initial staff report on the merits of a potential sales tax ballot measure for 0.75% for the November 2022 general election. The staff report presented several recommended steps for the city to move in direction toward determining the viability and community interest for the proposed ballot measure. Specifically, the adopted recommendations included: 1. Authorize staff to proceed with a public engagement process to present and discuss the merits of a potential sales tax ballot measure for 0.75% for the November 2022 general election, to city residents, community groups, neighborhood associations, stakeholder associations, the business community, school district, special districts, and other organizations: and 2. Direct the Chief Executive Officer to complete and present the results of the public poll currently being conducted; and 3. Instruct the City Attorney, the Chief Deputy City Clerk, and the CEO to draft language for the ballot for future Council consideration, timely for the November 2022 election timeline: and 4. Instruct the Director of Finance and the CEO to update and present revenue estimates utilizing the most recent sales tax data available; and 5. Direct the CEO to develop and present to the City Council for approval the formation of an advisory committee made up members of the community and two members of the City Council. Upon direction of the City Council, Baldwin Park staff began the process of implementing the recommendations. This report summarizes the efforts of staff and provides a framework for which the Council may use to determine next steps. RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 2022-038 entitled, “A Resolution of the City Council of the City of Baldwin Park, California, Ordering the Submission of the Qualified Electors of the City of a Certain Measure Relating to the institution a local ¾ cent transaction and use (sales) tax to be spent exclusively for services benefitting Baldwin Park residents at the General Municipal Election to be held on Tuesday, November 8, 2022, as called by Resolution No. 2022-025” FISCAL IMPACT The City is scheduled to have three (3) governing seats, one (1) City Clerk seat, and one (1) City Treasurer seat up for election during this year’s cycle. The following graph depicts a rough cost estimate summary with the addition of ballot measures: Number of Offices Number of Measures Election Cost 5 0 $173,229.72 5 1 $173,883.47 5 3 $175,190.98 5 6 $177,152.23 Disclaimer: the cost estimate may be subject to change. BACKGROUND Public Engagement and Stakeholder Advisory Committee At the June 1, 2022 Council meeting, Council approved, Resolution No. 2022-026, Affirming the Creation an Ad Hoc Committee and Confirming the Selection of its Officers to the Stakeholders Advisory Committee (SAC). In order to promote the public engagement process as directed by council, City staff created and distributed flyers to residents and neighbors, created bus bench shelter ads, posted on the City’s digital billboard and shared on social media. The City also provided bi-lingual meeting notifications, informational pamphlets and a print version of the PowerPoint presentation. Additionally, if there were Spanish speakers in attendance, Mayor Pro Tem Damian provided the presentation in Spanish. During the month of June, the SAC, chaired by Mayor Pro Tem Daniel Damian with the guidance of CEO Enrique Zaldivar and City staff, conducted a series of meetings at Baldwin Park Schools, the Baldwin Park Arts and Recreation Center, the Julia McNeill Senior Center and a virtual meeting hosted on Zoom. (Complete listing of meetings, see attachment). The SAC also attended a meeting and tour of the Pico Rivera sports complex and senior center. The City of Pico Rivera, has been receiving funding from their own local Measure P sales tax to fund parks, library construction and infrastructure improvements since 2008. During the course of the community engagement meetings, SAC members and the City’s consultant presented educational information about the potential sales tax measure, discussed current tax trends, shared polling data and provided general information on a potential timeline. Residents were afforded an opportunity to ask questions, while City staff, who attended each meeting, provided feedback. The community engagement process provided a framework for City staff to gather feedback from residents. Issues that resonated highly amongst the participants include (1) ensuring funds from the proposed measure are kept and spent locally; (2) improving public safety response times; (2) maintaining clean parks and open space; (3) addressing crime related to homelessness; (4) ensuring there is transparency with the measure; (5) youth and senior programming and opportunities. The proposed sales tax measure of 0.75% would generate an estimated $6.2M annually entirely for and under City local control. The City currently receives sales tax revenue of 1% ($8.2M) annually as a result of the Bradley Burns Act of 1983. Whereby the State dedicated this portion of the sales tax to local cities. Polling Conducted by True North Research In late April, True North Research conducted a 16 minute poll in English and Spanish, of 422 randomly selected registered voters in the City of Baldwin Park. For this survey, the margin of effort is ± 4.7%. The highlights of the draft survey results are as follows: • With only the information provided in the ballot language, 70% of likely November 2022 voters surveyed indicated that they would support the proposed 3/4 cent sales tax, whereas 24% stated that they would oppose the measure and 6% were unsure or unwilling to share their vote choice. • Voters prioritized using funding from the measure to clean up trash and litter that people dump along streets, sidewalks, and in public areas (91% strongly or somewhat favor), reduce crime (90%), maintain streets and fix potholes (89%), keep public parks, buildings, and facilities safe and clean (89%), and provide quick responses to 911 emergencies (89%). • More than two-thirds (68%) of Baldwin Park voters surveyed indicated that they were generally satisfied with the City’s efforts to provide municipal services. Approximately 24% reported that they were dissatisfied with the City’s overall performance, and 7% were unsure or unwilling to state their opinion. • When asked what changes the City could make to improve the quality of life in Baldwin Park, one-in-five respondents could not think of a desired change (14%) or reported that no changes are needed (6%). Among specific changes that were desired, addressing homeless issues was the most common (15%), followed by beautifying the city/landscaping/removing graffiti (9%), improving public safety (8%), providing more police patrols (8%), and reducing traffic congestion (7%). Related steps that staff will undertake upon approval of the resolution by Council: 1. Submit request for placement to the LA County Registrar for the November 8, 2022 General Election; and 2. Submit request to the Secretary of State for the title of the ballot measure to be called Measure BP; and 3. Jointly with the Stakeholders Advisory Committee, staff will continue with an educational and information program throughout the city and via multiple means and media. ALTERNATIVES Not Applicable LEGAL REVIEW This report has been reviewed by the City Attorney. ATTACHMENTS 1. Resolution No. 2022-038 2. Community Engagement Power Point Presentation 3. Cost Estimate from the Registrar Recorders Office 4. Community Engagement Meeting Flyer RESOLUTION NO. 2022-038 A RESOLUTION OF CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF BALDWIN PARK OF A CERTAIN MEAUSRE RELATING TO AN INCREASE IN SALES TAX OF ¾ CENT TRANSACTION AND USE (SALES) TAX TO BENEFIT BALDWIN PARK RESIDENTS AT THE GENEREAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, AS CALLED BY RESOLUTION NO. 2022-025 WHEREAS, the City Council of the City of Baldwin Park, California desires to submit to the voters at a General Municipal Election a proposed ordinance relating to an increase in sales tax of ¾ cent transaction and use (sales) tax to benefit Baldwin Park residents; and WHEREAS, the City Council is authorized and directed by statue to submit the proposed ordinance to the voters. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE AND ORADER AS FOLLOWS: Section 1. That pursuant to the requirements of the (laws of the State of California relating to general law cities) there is called and ordered to be held in the Cit of Baldwin Park, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of submitting the following proposed ordinance: To fund Baldwin Park services, including keeping public parks and facilities safe and clean; street maintenance and traffic management; prioritize police response for schools, enhance gang and crime prevention; improve senior, youth, and job programs; shall an ordinance establishing a ¾ cent sales tax be adopted, providing approximately 6 million dollars annually for general government use in Baldwin Park until ended by voters, with annual audits, stakeholders oversight committee, no funds to LA, all funds for Baldwin Park? YES NO Section 2. That the proposed measure submitted to the voters is as attached as Exhibit A. Section 3. That the vote requirement for the measure to pass is a majority of 50%+1 of the votes cast. Section 4. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 5. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 6. That the City Clerk shall certify to the passage and the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this 20th day of July 2022. _______________________________ 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. 2022-038 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on July 20, 2022, 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 ORDINANCE NO. ____ AN ORDINANCE OF THE PEOPLE OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADDING ARTICLE 8 TO CHAPTER 3 OF TITLE 3 OF THE BALDWIN PARK MUNICIPAL CODE TO ENACT A THREE-QUARTERS PERCENT (3/4%) GENERAL TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION WHEREAS, pursuant to California Revenue and Taxation Code Section 7285.9 the City of Baldwin Park (“City”) is authorized to levy a Transactions and Use Tax for general purposes, subject to majority voter approval; and WHEREAS, the People of the City desire to levy a Transactions and Use Tax for general purposes until repealed to fund important general City services, at a rate of three-quarters percent (3/4%); and WHEREAS, if approved by the City Council and Baldwin Park voters, the Transactions and Use Tax ordinance will be incorporated into Article 8 of Chapter 3 of Title 3 of the Baldwin Park Municipal Code. NOW, THEREFORE, THE PEOPLE OF THE CITY OF BALDWIN PARK DO HEREBY ORDAIN AS FOLLOWS: Section 1. Title and Text. This Ordinance shall be known as the Baldwin Park Transactions and Use Tax Ordinance, the full text of which is set forth in Attachment “1”, attached hereto and incorporated herein by reference. Section 2. Approval by the City Council. Pursuant to California Government Code Section 53724 and Revenue and Taxation Code Section 7285.9, this Ordinance was duly approved for placement on the ballot by a minimum two-thirds (2/3) supermajority of all members of the City Council on ________________________, 2022 Section 3. Approval by the Voters. Pursuant to California Elections Code Section 9217, this Ordinance shall be deemed adopted and take effect only if approved by a majority of the eligible voters of the City of Baldwin Park voting at the General Municipal Election of November 8, 2022. It shall be deemed adopted when the City Council has certified the results of that election by resolution and shall take effect ten (10) days thereafter. Section 4. Operative Date. “Operative Date” for the Transactions and Use Tax means the first day of the first calendar quarter commencing more than 110 days after the date this Ordinance is adopted, as set forth in Section 3 above. Section 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. I hereby certify that the Baldwin Park Transactions and Use Tax Ordinance was PASSED, APPROVED, AND ADOPTED by the People of the City of Baldwin Park on the 8th day of November, 2022. CITY OF BALDWIN PARK Mayor ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: _______________________________ City Attorney Attachment 1 Chapter 35: Taxation Transactions and Use Tax Sections: 35.130 - Purpose. 35.131 - Contract With State. 35.132 - Transactions Tax Rate. 35.133 - Place of Sale. 35.134 - Use Tax Rate. 35.135 - Adoption of Provisions of State Law. 35.136 - Limitations on Adoption of State Law and Collection of Use Taxes. 35.137 - Permit Not Required. 35.138 - Exemptions and Exclusions. 35.139 - Amendments. 35.140 - Enjoining Collection Forbidden. 35.141 – Duration of Tax Sections: 35.130 - Purpose. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code. C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes. D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance. 35.131 - Contract With State. Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. 35.132 - Transactions Tax Rate. In addition to the tax set forth in Article 2 of this Chapter, for the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of three-quarters percent (3/4%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance. 35.133 - Place of Sale. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out- of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration. 35.134 - Use Tax Rate. In addition to the tax set forth in Article 2 of this Chapter, an excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of three-quarters percent (3/4%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. 35.135 - Adoption of Provisions of State Law. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein. 35.136 - Limitations on Adoption of State Law and Collection of Use Taxes. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code: A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when: 1. The word “State” is used as a part of the title of the State Controller, State Treasurer, State Board of Control, California Department of Tax and Fee Administration, State Treasury, or the Constitution of the State of California; 2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance. 3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code. 4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code. B. The word “City” shall be substituted for the word “State” in the phrase “retailer engaged in business in this State” in Section 6203 and in the definition of that phrase in Section 6203. 1. “A retailer engaged in business in this City” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder. 35-137 - Permit not Required. If a seller’s permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor’s permit shall not be required by this ordinance. 35-138 - Exemptions and Exclusions. A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax. B. There are exempted from the computation of the amount of transactions tax the gross receipts from: 1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. 2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied: a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out-of- City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. 3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance. 5. For the purposes of subparagraphs (3) and (4) of this subsection, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property: 1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance. 2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California. 3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance. 5. For the purposes of subparagraphs (3) and (4) of this subsection, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. 6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer. 7. “A retailer engaged in business in the City” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City. D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax. 35-139 - Amendments. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance. The City Council, by majority vote of the full Council, may lower the rate of the retail transactions and use tax adopted by this Chapter to 0%. 35-140 - Enjoining Collection Forbidden. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. 35-141 – Duration of Tax. The tax imposed by this Article shall continue until this ordinance is repealed. What is Measure BP? Measure BP is a proposed ¾ cent sales tax which will generate approximately $6 million dollars per year for Baldwin Park. The revenues cannot be taken by the County or State or spent outside of the City. Measure BP can be used to fund general city services in the City of Baldwin Park, such as •keeping public parks, buildings, and facilities safe and clean •street maintenance and traffic management •911 emergency response; gang and crime prevention •Senior, youth, and job programs Measure BP requires a majority vote in the November 2022 election. Why is the City conducting these meetings? At the April 6, 2022 City Council meeting, the City Council unanimously directed City staff: (a)to proceed with a public engagement process to present and discuss the possibility of a ¾ cent sales tax for the November 2022 general election (b)to gather city residents, community groups, neighborhood associations, stakeholder associations, the business community, school district, special districts, and other organizations Stakeholder Advisory Committee Representatives Committee Representatives Daniel Damian Committee Chair Mayor Pro Tem , City of Baldwin Park Pastor Elmer Jackson Pastor Christ Extended Hand Ministry Froilan N. Mendoza Superintendent BPUSD Cecelia Bernal Commissioner Recreation & Community Services Elin Garcia Account Manager Allan Company Gustavo Cuadra Resident/Risk Manager City of LA Office of the CAO John Rios Resident/Communi ty Advocate City of Baldwin Park Martin Hernandez Business Owner Guadalajara Grill Committee Alternates Jerry Briseno Business Owner/Resident La Cocinita Restaurant Jazmin Lopez Boardmember President Valley County Water District Erik Peña Commissioner Planning Rev. Paul A. Flores Pastor Church of the Redeemer Roman Rodriguez Commissioner Recreation & Community Services Jorge & Victoria Hernandez Residents Senior Center Members Greg & Connie Orozco Tuff Kidz Wrestling Club City of Baldwin Park Accountability is built into Measure BP Measure BP will be subject to a clear system of accountability including independent audits, annual reports to community to ensure that money is spent properly. The City will enlist a stakeholders oversight committee to ensure the funds are properly used and the City is held accountable. Where your tax dollars go: Tax Jurisdiction Tax Rate California State Sales Tax 7.25% Los Angeles County Sales Tax 2.25% Baldwin Park City Sales Tax 0.00% Total Sales Tax in Baldwin Park:9.50% LA County Tax California Tax Currently, the maximum sales tax rate allowed in Los Angeles County is 10.25 percent. Distribution of State and County Sales Taxes STATE SALES TAX BREAKDOWN State General Fund 3.6875% State General Fund (1991).25% Prop 172 –Goes to Local Public Safety Fund to support local criminal justice activities (1993) .50% Local Revenue Fund to support local health and social services programs (1991 Realignment) .50% Local Revenue Fund for Public Safety realignment (2011) 1.0625% County Transportation Fund Return .25% City Return from State Sales Tax 1.00% Total State Sales Tax 7.25% LA COUNTY SALES TAX BREAKDOWN Prop A –transportation (1980).50% Prop C –transportation (1990) .50% Measure R –transportation (2008).50% Measure M –transportation (2016).50% .25% Total County Sales Tax 2.25% Total State Sales Tax:7.25% Total County Sales Tax: 2.25% Total Sales Tax: 9.50% Measure H –homelessness (2017) Local Revenues It is estimated that Measure BP will generate approximately $6 Million dollars per year within the City of Baldwin Park Protected Funds If Measure BP is approved by voters, the State of California and Los Angeles County will not be allowed to take the revenue for other purposes. Local Use All revenue generated from Measure BP will stay in Baldwin Park and cannot be used outside of the City or for other purposes. Protecting Baldwin Park’s Revenue for the Future Sales Tax Revenue for Baldwin Park current and estimated revenue with additional local sales tax $14.5 $11.0 $6.2 $3.0 2023-24 projected 2022-23 projected Sales Tax Revenue in Millions Baldwin Park .75 cent sales tax revenue Total potential sales tax revenueAssumes Effective Date in July 2023 Sample cost comparison of Measure BP on a $5.00 coffee 4 cents on a $50.00 dinner 38 cents on $100 for new clothing 75 cents on $125 for office supplies 95 cents on a $500 television $3.75 on $250 for home repairs $1.88 7$ On average, Measure BP will cost $7 per person per month. Purchases Exempted and Excluded from Measure BP Some items are exempt from Sales tax and are also exempt from Measure BP. These are the most common examples. Most grocery items or unprepared food, including purchases made with CalFresh benefits. A licensed chiropractor, optometrist, physician Prescription medications and medical equipment Sale of gas, electricity and water, including steam and heat if delivered through mains, lines, or pipes. Planning for the future of Baldwin Park requires investment. Measure BP will ensure the long-term viability of Baldwin Park for years to come. Since the revenue stream will be dependable, the City can reinvest in parks, infrastructure and public safety with confidence. Issues and Research Polling •The City has engaged True North Research to conduct a survey of voters in Baldwin Park to determine opinions on several issues including the proposed sales tax measure. •True North contacted 422 voters in the City of Baldwin Park who are likely to participate in the November 2022 election. •Polling was administered in English and Spanish between April 25 and May 3, 2022, the average interview lasted 16 minutes. Research suggests 70% of Baldwin Park voters support Measure BP “Shall an ordinance establishing a ¾ cent sales tax be adopted, providing approximately 5 million dollars annually for general government use in Baldwin Park until ended by voters, with independent audits and all money locally controlled? If the election were held today, would you vote yes or no on this measure?” Definitely Yes 32% Probably Yes 38% Definitely No 16% Probably No 8% Not Sure 5% No Answer 1% Important Services for Baldwin Park voters. •Clean up trash and litter that people dump along streets, sidewalks, and in public areas •Reduce crime •Maintain streets and fix potholes •Keep public parks, buildings, and facilities safe and clean •Provide quick responses to 911 emergencies •Provide after-school and employment programs for youth Timeline moving towards November June 10 community meetings throughout Baldwin Park to gather feedback and concerns. 20 July Council meeting to review ballot measure language for approval/disapproval. 12 August Last day for the City to submit proposed ballot measure to the County for November 2022 election. October Voting begins in early October 8 Nov. Election day Question and Answer 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: July 20, 2022 SUBJECT: Treasurer’s Report – May 2022 SUMMARY Attached is the Treasurer’s Report for the month of May 2022. 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 May 2022. 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. _______SA-2__________ 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: July 20, 2022 SUBJECT: Successor Agency To The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Register. FISCAL IMPACT The total of the attached Warrants Register for Successor Agency of the City of Baldwin Park was $8,128.62. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The May 6 to July 7, 2022, Successor Agency Warrant with check number 13578 through check number 13585 in total amount of $ 8,128.62 was made on behalf of Successor Agency of the City of Baldwin Park constituting of claim and demand against the Successor Agency of the City of Baldwin Park, are herewith presented to the City Council as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Check Register AGENDA BALDWIN PARK FINANCE AUTHORITY REGULAR MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 July 20, 2022 7:00 PM 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 Daniel Damian - Vice Chair Alejandra Avila - 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. 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) FINANCE AUTHORITY REGULAR MEETING – 7:00 PM CALL TO ORDER ROLL CALL Board Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Vice Chair Daniel Damian, 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 July 20, 2022 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 – May 2022 Staff recommends that the Board receive and file the Treasurer’s Report for May 2022. ADJOURNMENT 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 15th day of July, 2022. 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: July 20, 2022 SUBJECT: Treasurer’s Report – May 2022 SUMMARY Attached is the Treasurer’s Report for the month of May 2022. 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 May 2022. 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 July 20, 2022 7:00 PM 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 Daniel Damian - Vice Chair Alejandra Avila 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: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Vice Chair Daniel Damian, 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 July 20, 2022 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 – May 2022 Staff recommends that the Board receive and file the Treasurer’s Report for May 2022. 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 15th day of July, 2022. 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: July 20, 2022 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 $ 539,985.47. 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 June 3 to July 7,2022 Warant check numbers 72593 through 72603 in the amount of $2,913.33 and Automated Clearing House (ACH) In the amount of $537,072.14 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: July 20, 2022 SUBJECT: Treasurer’s Report – May 2022 SUMMARY Attached is the Treasurer’s Report for the month of May 2022. 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 May 2022. 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