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09.07.22 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, September 7, 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: September 1, 2022. Emm J. Estrada t 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 September 7, 2022. Marlen Garcia, City Clerk AGENDA BALDWIN PARK CITY COUNCIL SPECIAL MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 September 7, 2022 5:00 PM Audio Streaming will be available at: https.11www.youtube.comlchannellUCFLZO dDFRIy59rhiDZ13F QIfeatured?view as=subscriber ht(p.-Abaldwinpark. granicus. comlViewPublisher. php ?view id=10 Audio Streaming Simultaneously in Spanish will be available at: https.11www. youtube. com1qhanne11UQ3bPFB1HcoP1ks 1netmGcA Emmanuel J. Estrada Daniel Damian Alejandra Avila Monica Garcia Paul C. Hernandez Mayor Mayor Pro Tern Council Member Council Member Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al p6blico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencies nombradas en esta agenda. agenda. In accordance with Chapter 39 of the De acuerdo con e/ capitulo 39 del C6digo Municipal Baldwin Park Municipal Code, Speakers must de la Ciudad de Baldwin Park, los comentaros deben address the Council as a whole and refrain se dirigidos al Concilio como una sofa entidad, y no from making impertinent, slanderous, or ser impertinentes, difamatorios, o profanos, o profane remarks or disrupt the peace of the interrumpir la paz de la reunion. meeting. CITY COUNCIL SPECIAL MEETING — 5:00 P.M. CALL TO ORDER: ROLL CALL: Council Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Mayor Pro Tern Daniel Damian, and Mayor Emmanuel J. Estrada PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. (Government Code §54954.21 ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] 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 September 7, 2022 to comments(- haldwinpark. 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 • Accessory Dwelling Units (ADU) Presentation Presented by Ron Garcia, Director of Community Development and Yuriko Ruizesparza, Community Services Supervisor RECESS TO CLOSED SESSION 1. 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): Three (3) 2. Conference With Legal Counsel —Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Anthony Romero v. City of Baldwin Park Case No. 2:21-cv-07293-FMO-ARM Case Name: ML Genesee Holdings LLC v. City of Baldwin Park Case No. 22STCV26486 3. Public Employment Pursuant to Government Code Section 54957 Title: Human Resources Risk Manager 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 September 7, 2022. 0� Mar! n Gar is 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 Imorales(cr�ba/dwinpark. 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 BALDWIN PARK CITY COUNCIL REGULAR MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 September 7, 2022 7:00 PM Audio Streaming will be available at: https://www.youtube.com%hannel/UCFLZO dDFRjy59rhiDZ13Fp/featured?view as=subscriber http.-Abaldwinpark.granicus.com/1/iewPublisher.php?view id=10 Audio Streaming Simultaneously in Spanish will be available at: htWs:llwww.voutube.com/channel/UC3bPFBIHcoPIksIX getmGcA ..... ppl.m h�j�� Emmanuel J. Estrada - Mayor Daniel Damian - Mayor Pro Tern Alejandra Avila - Council Member Monica Garcia - Council Member Paul C. Hernandez - Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING THE MEETING. PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquier Council or any of its Agencies listed on this otra de sus Agencies nombradas en esta agenda, agenda on any matter posted on the agenda para hablar sobre cualquier asunto publicado en la or on any other matter within its jurisdiction. agenda o cualquier tema que este bajo su In accordance with Chapter 39 of the jurisdiccion. De acuerdo con el capitulo 39 del Baldwin Park Municipal Code, Speakers Codigo Municipal de la Ciudad de Baldwin Park, los must address the Council as a whole and comentaros deben se dirigidos al Concilio como refrain from making impertinent, slanderous, una sofa entidad, y no ser impertinentes, or profane remarks or disrupt the peace of difamatorios, o profanos, o interrumpir la paz de la the meeting. reunion. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL REGULAR MEETING — 7:00 PM Council Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Mayor Pro Tern Daniel Damian, and Mayor Emmanuel J. Estrada REPORT FROM CLOSED SESSION ANNOUNCEMENTS PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Certificates in Recognition of All Stars Champions Presented to the Baldwin Park American Little League Softball All -Stars Team • Retirement Recognition for Years of Service Presented to Laura Thomas, Human Resources /Risk Manager PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. B cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] 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 September 7, 2022 to comments Ca�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 2 CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. City of Baldwin Park's Warrants and Demands Staff recommends that the City Council ratify the attached Warrants and Demands Register. 2. Minutes Staff recommends that the City Council approve the meeting minutes for the following City Council Meetings: • Special City Council Meeting of August 17, 2022. • Regular City Council Meeting of August 17, 2022. 3. Adoption of a Resolution to Continue Conducting City Council/Commission/Board Meetings Remotely in Accordance with the Brown Act Executive Order And AB 361 Staff recommends that the City Council adopt Resolution No. 2022-051 to continue conducting City Council/Commission/Board Meetings remotely in accordance with the Brown Act executive orders and AB 361 (covering meetings held from September 7, 2022 through October 7, 2022) and re-evaluate the state of emergency every 30 days to make findings under the bill's teleconferencing exemptions. 4. Approval of Use Agreement No. 23-05 with the County of Los Angeles for Construction and Maintenance of the San Gabriel River Class I Commuter Bikeway for the Use of County Right -of -Way Staff recommends that the City Council approve the Use Agreement with the County of Los Angeles for the use of County right-of-way for the construction and Maintenance of the San Gabriel Commuter Bikeway and authorize the Mayor to execute the agreement. 5. Approve Memorandum of Understanding with the Los Angeles County Metropolitan Transportation Authority (LACMTA) to Receive National Transit Database Reporting Funds for Transit Services for Year 2020 Staff recommends the City Council approve the attached Memorandum of Understanding (MOU) with the Los Angeles County MTA and authorize the Mayor to execute said agreements. 6. Approve Resolution No. 2022-052 "A Resolution of the City Council of the City of Baldwin Park Authorizing the Director of Public Works to Execute Program Supplement No. A072 to Administer Agency -State Agreement for State Funded Projects No. HSIPL-5323(040) for the Traffic Signal Improvements at the Intersection of Merced Avenue and Vineland Avenue Staff recommends that the City Council adopt Resolution No. 2022-052, entitled, "A Resolution of the City Council of the City of Baldwin Park Authorizing the Director of Public Works to Execute Program Supplement No. A072 to Administer Agency -State Agreement for State Funded Projects No. HSIPL-5323(040) for the Traffic Signal Improvements at the intersection of Merced Avenue and Vineland Avenue." City Council Agenda Page 3 7. Consideration to Adopt Resolution No. 2022-053 Authorizing the City of Baldwin Park to Receive Permanent Local Housing Allocation (PLHA) Funds from the State of California Department of Housing and Community Development Staff recommends that the City Council authorize the city to receive PLHA funds and adopt Resolution No. 2022-053 on behalf of the City of Baldwin Park. 8. Approval to Update Scope of Work and Accept Grant Award from the San Gabriel Valley Council of Governments (SGVCOG) for the Program 4: Pilot Programs/City Specific Program Staff recommends that the City Council: 1. Approve to Accept the SGVCOG Program 4: Pilot Programs/City-Specific Programs Grant in the amount of $50,0000; and 2. Authorize the Mayor to execute the memorandum of agreement; and 3. Authorize the Director of Recreation & Community Services to finalize all associated documents associated with the grant; and 4. Authorize the Director of Finance to appropriate grant funds and make necessary changes to the budget. REPORTS OF OFFICER 9. Approval of an Agenda Template for all Legislative Meetings Staff recommends that the City Council select and approve one template option labeled "A" " B" or "C 10. Minimum Wage for Healthcare Workers -Economic Impact Analysis and Presentation of Ordinance Staff recommends that the City Council: 1. Consider the Economic Impact Analysis as conducted and presented by the Los Angeles County Economic Development Corporation (LAEDC); and 2. Consider the Minimum Wage for Healthcare Workers Draft Ordinance as presented by proponent SEIU-UHW; and 3. Were City Council to approve the Draft Ordinance, Authorize One (1) New Position Authority of a Management Assistant in the Community Development Department for compliance enforcement and authorize the Director of Finance to appropriate additional funding and make necessary budget amendments. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION • Request by Council Member Monica Garcia Council Member Garcia requests discussion and exploration of potential funding sources for ADU policy that focuses on families, seniors and emancipated youth or college students who are at risk of becoming homeless. ADJOURNMENT City Council Agenda Page 4 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 1st of September 2022. �?Amh*,IAuZ 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 Imoralesabaldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda Page 5 ►f �i�T[Lrel TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: September 7, 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 $1,136,787.77 and the attached General Warrants Register was $2,603,050.61 for a total amount of $3,739,838.38. 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 201571 to 201613 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 34519 to 35067 for the period July 24, 2022 through August 20, 2022 inclusive; these are presented and hereby ratified in the amount of $1,136,787.77. 2. General Warrants, with the bank drafts in the amount of $337,534.42 and checks from 237494 to 237826 in the amount of $2,265,516.19 for the period of August 4, 2022 to August 24, 2022, 2022, inclusive; in the total amount of $2,603,050.61 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Check Register V ALnyy�� �wu�nr.a City of Baldwin Park, CA SA!{,GA"Alt '...�.i�AlkEY�,$r Payment Number Payment Date ATendor Name 237494 08/04/2022 ACCESS CONTROL SECURITY INC. 237495 08/04/2022 ADMIN SURE INC. 237496 08/04/2022 AT&T MOBILITY 237497 08/04/2022 BALDWIN PARK PIZZA 237498 08/04/2022 CALIFORNIA CONSULTING, INC. 237499 08/04/2022 CHRISTIAN SERNA 237500 08/04/2022 CINTAS FIRST AID & SAFETY 2375M 08/04/2022 COMMAND GPS 237502 08/04/2022 CONCENTRA HEALTH SERVICES- INC 237503 08/04/2022 DUNK-EDWARDS CORP 237504 08/04/2022 FEDEX OFFICE 237505 08/04/2022 FOOD 4 LESS 237506 08/04/2022 FRONTIER COMMUNICATIONS 237506 08/04/2022 FRONTIER COMMUNICATIONS 237507 08/04/2022 GABRIEL CONTAINER CO. 237508 08/04/2022 MIDWESTMO'TOR SUPPLY 237509 08/04/2022 MIDWEST MOTOR SUPPLY 237509 08/04/2022 MINHUA LI 237510 08/04/2022 'TRIPLE B CORPORATION 237511 08/04/2022 CARLOS VALLE 237511 08/04/2022 CARLOS VALLE 237511 08/04/2022 CARLOS VALLE 237511 08/04/2022 CARLOS VALLE 237511 08/04/2022 CARLOS VALLE, 237512 08/04/2022 GOVERNMENTIOBS,COM,INC 237512 02/04/2022 GOVF.RNMENTJOBS.COM,INC 237513 08/04/2022 ONYX PAVING COMPANY INC 237513 08/04/2022 ONYX PAVING COMPANY INC 237514 08/04/2022 PATRICIA NUNEZ 237515 09/04/2022 PUBLIC RISK INNOVKI'ION.SOLUTIONS.AND MANAGEMENT 237515 08/04/2022 PUBLIC RISK INNOVATION.SOLUTIONS.AND MANAGEMENT 237515 08/04/2022 PUBLIC RISK INNOVATION.SOLUTIONS.AND MANAGEMENT 237516 09/04/2022 'TRUIST GOVERNMENTAL FINANCE 237516 09/04/2022 TRUIST GOVERNMENTAL FINANCE 237517 08/09/2022 BANKCARD CENTER 237517 08/09/2022 BANKCARD CENTER 237517 09/09/2022 BANKCARD CENTER 237517 09/09/2022 BANKCARD CENTER 237517 08/09/2022 BANKCARD CENTER 237517 09/09/2022 BANKCARD CENTER 237518 09/09/2022 BANKCARD CENTER 237519 09/09/2022 NURY PANDURO 237520 09/09/2022 OLGA LEAL DUARTE 237521 09/09/2022 PAULA PANDURO 237522 09/09/2022 PERLA D, MAGNO 237523 08/09/2022 RAOUELA.URBINA 237524 09/09/2022 RAYMOND MARTINEZ 237525 09/09/2022 ROSA FERNANDEZ 237526 09/09/2022 ROSALVA VAOUEZ-PENA 237527 08/09/2022 SOUT'HL,ANDTRANSIT. INC. 237527 08/0912022 SOUTHLAND TRANSIT. INC. 237527 08/09/2022 SOUTHLAND TRANSIT, INC, 237527 08/0912022 SOUTHLAND TRANSIT. INC. 237527 08/09/2022 SOUTHLAND TRANSIT, INC. 237528 08/09/2022 TERESA HERNANDEZ 237529 08/09/2022 TERESA NUESCA 237530 08/09/2022 THE GAS COMPANY 237531 08/09/2022 VALLEY COUNTY WATER DIST 237531 09/09/2022 VALLEY COUNTY WATER DIST 237532 08/09/2022 VANESSA GONZALEZ-AV1NA Description (Item) SECURITY GUARD SERVICES FOR FACILITY RENTAL. GENERAL & AUTO LIABILITY CLAIMS /WORKERS COMP PHONE AND WIRELESS FOR JULY 2022 MEALS PROVIDED FOR THE SUMMER CONCERTBAND GRANTWRITING SERVICES FOR JULY 1-30.2022 EMPLOYEE REIMBURSEMENT -GIFT CARDS FOR EMPLOYEE FIRST AID & SAFETY: FOR CITY HALL FY2022-2023 GPS 'TRACKING ON ALL CITY VEHICLES PRE -EMPLOYMENT: PHYSICAL GARCIA. NICHOLAS PAINTING SUPPLIES FOR BUILDING MAINTENANCE FEDEX PACKAGE SENT TO RKA CONSULTING GROUP FOOD FOR THE FREE SENIOR MEAL PROGRAM PHONE AND WIRELESS FOR JULY. 2022 PHONE AND WIRELESS FOR JUNE 19-AUGUST 18.2022 CARD BOARD BOXES FOR FOOD BASKET PROGRAM SHOP STOCK FOR CITY AND POLICE VEHICLES SHOP STOCK FOR CITY AND POLICE VEHICLES REFUND OF SWIMING LESSONS FOOD/PRODUCE FOR THE FREE SENIOR MEALS PROGRAM CITYWIDE JANITORIAL SERVICES FOR CITY FACILITIES CITYWIDE JANITORIAL SERVICES FOR CITY FACILITIES CITYWIDE JANITORIAL SERVICES FOR CITY FACILITIES CITYWIDE JANATOOR[AL SERVICES FOR CITY FACILITIES CITYWIDE JANATORIAL SERVICES FOR CITY FACILITIES SUBSCRIPTION FEE FOR NEOGOV FY 21/2022 SUBSCRIPTION FEE FOR NEOGOV FY 2P2022 PAYMENT UNDER PROGRESS BILLING # 6 PAYMENT UNDER PROGRESS BILLING # 6 REIMBURSE REGISTRATION FOR ARPA SR TRIPS & EVENT MASTER CRIME FROG 7/1-6/30123 CYBER LIABILITY PROGRAM 7/1-6/3012022 OPTINAL WXCESS LIABILITY PROG 7/1-6/3012023 PAYMENT FOR 2017 COMMUNITY CENTER LEASE PAYMENT FOR 2017 COMMUNITY CENTER LEASE FLOWERS FOR EL MONTE OFFICERS REPLENISHMENT FOR TRANSPONDERS CLERGY MEETING AT THE.; ARC CTR KEYBOARD STCKERS FOR DISPATCH TRNIG FOR RECORDS SUPERVISOR GASCA TRAINING FOR SGT VELEBIL ONLINE SUBSCRIPTION FOR CEO LALDIVAR BASIC SUBSIDY REGISTRATION FOR SUMMER DAY CAMP REIMBURSE REGISTRATION FOR ARPA SR TRIP & EVENTS BASIC SUBSIDY REGISTRATION FOR SUMMER DAY CAMP REIMBURSE REGISTRATION FOR ARPA SR TRIP & EVENTS REIMBURSE REGISTRATION FOR ARPA SR TRIP & EVENTS BASIC SUBSIDY REGISTRATION FOR SUMMER DAY CAMP REIMBURSE REGISTRATION FOR ARPA SR TRIP & EVENTS BASIC SUBSIDY REGISTRATION FOR SUMMER DAY CAMP TRANSIT SERVICES - FIXED ROUTE TRANSIT SERVICES - DIAL -A -RIDE FARE BOX REVENUE FARE BOX REVENUE SPECIAL TRIP FROM BALD WIN PARK TO PICO RIVER CT I I REIMBURSE REGISTRATION FOR ARPA SR TRIP & EVENTS REIMBURSE REGISTRATION FOR ARPA SR TRIP & EVENTS NATURAL GAS VEHICLE FUEL - CITY YARD COST OF WATER - CITY BUILDINGS COST OF WATER - TRANSIT CENTER BASIC SUBSIDY REGISTRATION FOR SUMMER DAY CAMP Check Register By (Nonc) PNyment Dates 8/4/2022 - 8/24/2022 Account Number 501-60.000-22328-0000 S 403-€0-160-54100-0000 S 100-30-310-53403-0000 S 501.60-000-22328-1614 S 100-25-299-51100.1700 S 100-10-150-53100-1110 S 100-10-150-53100-0000 S 402-50-590-51101-0000 S 100-10-150-51101-0000 S 100-60-620-53100-0000 S 240-50-510-S3330-0000 S 275.60-713-53100-1607 S 100-30-310-53403-0000 S 501-50-000-22000-5500 S 275-60-713-53100-1607, S 402-50-590-53100-0000 S 402-50-591-53100-0000 S 501-60-000-22328-0000 S 275-60-710-53100-1607 S 100-60-620-53371-0000 S 245-60-620-53371-1588 S 252-60-620-53371-0000 $ 100-60-620-53371-0000 S 245-60-620-53371-1588 S 100-10.150-51101-0000 $ 100-30-310-53330-0000 S 256-50-520-59100-1508 S 280-50-520-59100-1508 S 275.60-726-53370-1607 S 403-10-160-54150-1132. S 403-10-160-54150-1132• S 403-10-160-54150-1132 S 610-00.000-55740-0000 S 610-00-000-55742-0000- S 100-30-310-51100-0000 S 100-30-310-51100-0000 S 100-30-310-53100-0000 S 100-30-320-53100-0000 S 501-30-000-22410-0000 S 501-30-000-22410-0000 S 100-10-110-53330-0000 S 275-60-734-53370-1607 S 275-60-726-53370-1607 S 275-60-734-53370-1607 S 275.60-726-53370-1607 S 275-60-726-53370-1607 S 275-60-734-53370-1607 S 275-60-726-53370-1607 S 275-60-734-53370-1607 S 244-50-580-51100-1552 S 244-50-580-51100-1552 S 244-50-000-42151-0000 S 244-50-000-4215 1 -0000 S 244-50-580-51100-1554 S 275-60-726-53370-1607 S 275-60-726-53370-1607 $ 402-50-590-53110-1614 S 100-60-620-53402-0000 S 254-60-620-S3402-1588 S 275-60-734.53370-1607 S Amount 396,00 8,709.00 1.274.87 56.83 4.500.00 30,00 449.95 750.00 140.00 507.30 34.71 11.6L2.30 123.90 105,95 280,50 471,04 471.04 45.00 3.387.00 5.076.00 1.20 L00 5,891.00 730,00 700.00 3.955.98 3.955.98 20.877.30 10.776-50 i 5.00 6A25.00 9,056.00 54.035.00 446.000.00 72A36.80 250.00 45,00 16,74 49.20 51.50 451.09 18.00 590.00 30,00 320.00 15.00 15.00 600.00 25.00 144,00 79,330.72 20,563,87 (2,779.00) (225.50) 258.60 43.00 30.00 13.00 2A01,20 536.42 304.00 Page I of 12 Payment Number Payment Date Vendor Name 237532 08/09/2022 VANESSA CONZALEZ-AVINA 237533 08/09/2022 WALTER ALAS 237533 08/09/2022 WALTER ALAS 237534 08/09/2022 YESSENIA SALDANA 237535 08/09/2022 YOLANDA MILLANO 237536 08/09/2022 YVONNE JUAREZ 237537 09/09/2022 BANKCARD CENTER 237537 08/09/2022 BANKCARD CENTER 237538 09/09/2022 BANKCARD CENTER 237539 08/09/2022 RUDOLFO CARDENAS 237540 08/09/2022 SMART & FINAL 237541 08/09/2022 SPARKLETTS 237541 08J09J2022 SPARKLETTS 237542 08/09J2022 TANAKA FARMS 237543 0810912022 TPX COMMUNICATIONS CO 237544 08/09/2022 TYLER TECHNOLOGIES INC 237545 08/09/2022 VILMA STELLA DIAZ_ 2375,15 08/09/2022 VILMA STELLA DIAZ 237546 08/11/2022 APCO INTERNTIONAL INC 237547 08/11/2022 CORDOBA CORPORATION 237548 08/11/2022 MARCO INDUSTRIES, INC 237548 08/11/2022 MARCO INDUSTRIES. INC 237549 08111 /2022 MOORE. IACOFANO & GOLTZMAN INC 237550 08/11/2022 PALP INC 237550 08/11/2022 PALP INC 237551 0911 1/2022 RAM CONSTRUCTION & FENCE LLC 237551 09/11/2022 RAM CONSTRUCTION & FENCE LLC 237552 09/11/2022 WASTE MANAGEMENT COLLECTION AND RECYCLING. INC 237552 08/11/2022 WASTE MANAGEMENT COLLECTION AND RECYCLING. INC 237553 08/11/2022 AFLAC 237553 08/11/2022 AFLAC 237553 08/11/2022 AFLAC 237553 08/11/2022 AFLAC 237554 08/I112022 ALLSTATE WORKPLACE DIVISION 237554 08/11/2022 ALLSTATE WORKPLACE DIVISION 237555 08/11/2022 AMERICAN FIDELITY ASSURANCE COMPANY 237555 08/1 IJ2022 AMERICAN FIDELITY ASSURANCE COMPANY 237555 08/11/2022 AMERICAN FIDELITY ASSURANCE COMPANY 237555 08/1112022 AMERICAN FIDELITY ASSURANCE COMPANY 237555 08/11/2022 AMERICAN FIDELITY ASSURANCE COMPANY 237555 09/11/2022 AMERICAN FIDELITY ASSURANCE COMPANY 237S56 08/11/2022 BALDWIN PARK MNGMT ASSOC. 237556 08/11/2022 BALDWIN PARK MNGMT ASSOC. 237557 08/11/2022 BALDWIN PARK POLICE ASSOC 237557 08/11/2022 BALDWIN PARK POLICE ASSOC 237557 08/11/2022 BALDWIN PARK POLICE ASSOC 237557 09/11/2022 BALDWIN PARK POLICE ASSOC 237558 08/11/2022 C.L.E.A. 237558 08/11/2022 C.L.E.A. 237559 08/11/2022 CITY EMPLOYEES ASSOCIATES 237559 08/11/2022 CITY EMPLOYEES ASSOCIATES 237559 08/11/2022 CITY EMPLOYERS ASSOCIATES 237559 09/11/2022 CITY EMPLOYEES ASSOCIATES 237560 09/11/2022 LIBERTY DENTAL PLAN 237560 08/11/2022 LIBERTY DENTAL PLAN 237560 08/11/2022 LIBERTY DENTAL PLAN 237560 08/11/2022 LIBERTY DENTAL PLAN 237560 OV11/2022 LIBERTY DENTAL PLAN 237561 08J11/2022 MUNICIPAL DENTAL POOL 237561 08/11/2022 MUNICIPAL DENTAL POOL 237561 08/1 IJ2022 MUNICIPAL DENTAL POOL 237S61 08/11/2022 MUNICIPAL DENTAL POOL 237561 08/11/2022 MUNICIPAL DENTAL POOL 237561 08/11/2022 MUNICIPAL DENTAL POOL 237562 08/11/2022 P.T.E.A. 237562 08/11/2022 P.T.S.A. 237562 08/11/2022 P,T,E,A. Description (Item) Account Number Amount BASIC SUBSIDY REGISTRATION FOR WEEK 34 - WEEK 38 275-60-734-53370-1607 $ 288.00 BASIC SUBSIDY REGISTRATION FOR SUMMER DAY CAMP 275-60-734-53370-1607 S 304.00 BASIC SUBSIDY REGISTRATION WEEK 34-WEEK 38 275-60-734-53370-1607 S 298.00 BASIC SUBSIDY REGISTRATION WEEK 34 THRU WEEK 38 275-60-734-53370-1607 $ 204.00 REIMBURSE REGISTRATION FOR ARPA SR TRIP & EVENTS 275-60-726-53370-1607. S 15.00 BASIC SUBSIDY REGISTRATION WEEK 34 THRU WEEK 38 275-60.734-53370-1607 S 264.00 REPLENISHMEN'1' FOR'TRANSPONDERS 100-30-310-51100-0000 $ 45,00 CGIA TUITION 4 CAMACHO, TRINIDAD & CASTRO 50 1 -30-000-224 10-0000-$ 1,325.00 ONLINE SUBSCRIPTION FOR CEO ZALDIVAR 100-10-110-53330-0000 $ 18.00 ENTERTAINMENT FOR SR CTR BIRTHDAY 275-60-726-51101-1607• S 275.00 SUPPLIES FOR SR TRIP TO CATALINA ISLAND 275-60-726-53100-1607• S 26.23 WATER & COFFEE SUPPLIES FOR CITY FACILITIES 100-60-620-53100-0000 S 828.57 WATER & COFFEE SUPPLIES FOR CITY FACILITIES 252-60-620-53100-0000 S 828.59 PURCHASED 30 T[CKR'1'S FOR TANAKA FARMS 275-60-726-51101-1607. S 540,00 LOCAL, LONG DISTANCE TELEPHONE AND 401-10-141-53403-1150 S 6,531,88 IMPLEMENTATION & SUBSCRIPTION SERVICES FOR 235-40-440-51101-1406 $ 25,010.01 ENTERTAINMENT FOR DOWNTOWN STREET MARKET 100-60-610-51100-1610 S 1.820.50 ENTERTAINMENT FOR DOWNTOWN STREET MARKET 230-60-610-51100-1610 S 179.50 POLICE RADIO FREOUENCY LICENSING 205-30-310-51101-0000 S 2.710.00 COMMUNITY CHOICE AGGREGATION (CCA) 450-40-470-51101-0000 $ 1.511.25 STREET' S WEEPER MODEL NO, 2021 TYMCO 600 25 4-50-520-5 9 t 10-1573 S 150.000.00 STREET S WEEPER MODEL NO, 2021 TYMCO 600 258-50-520-58110-1573 S 243,810.81 PROFESSIONAL CONSULTING SERVICES TO UPDATE 235-40-440-51100-1406 $ 2.299.75 BP DOWNTOWN BEAUTIFICATION PROJECT INCLUDING 245-50-520-59100-1509 S 71.640.61 BP DOWNTOWN BEAUTIFICATION PROJECT INCLUDING 270-50-520-58100-1509 S 232.390.29 FABRICATE NEW TRASH ENCLOSURE AT 234-50-520-58€00-5500 S 9.250.00 FABRICATE NEW TRASH ENCLOSUREAT 251-50-520-58100-5500 S 5,500.00 CNG FUEL, FOR CITY VFHICLES 402-50.590-53110-1614- S 511.32 CNGFUEL FOR POLICE VEHICLES 402-50-591-53110-1614, $ 241,95 AFLAC 100-00-000-21216-0000 $ 850.20 AFLAC 100-00-000-21216-0000 $ 151.98 AFLAC 100-00-000-21216-0000 S 850.10 AFLAC 100-00-000-21216-0000 S 151.98 CANCER INSURANCE 100-00-000-2 I 22 1 -0000 $ 100.13 CANCER INSURANCE 100-00-000-21221-0000 S 100.14 AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-0000 S 31.12 AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-0000 $ 74.76 AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-0000 S 1.405.49 AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-0000 S 3.555.23 AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-0000- S 1.405.49 AMERICAN FIDELITY ASSURANCE. COMPANY 100-00-000.21216.0000- S 3,555,23 MANAGEMENT DUES 100-00-000-21218-0000 $ 20,00 MANAGEMENT DUES 100-00-G00-21218-0000 $ 20 00 POLICE.: SWORN DUES 100-00-000-21219-0000 S 3.341.84 POLICE NON -SWORN DUES 100-00-000-21219-0000 S 1.052.28 POLICE SWORN DUES 100-00-000-21219-0000 S 3.341.84 POLICE NON -SWORN DUES 100-00-000-21219-0000 S 1.052.28 CLEA DISABILITY POLICE SWORN 403.10-000-47130-1340 S 661,50 CLEA DISABILITY POLICE SWORN 403-10-000-47130-1340 $ 742,50 DUES CMEA 100-00-000-21226-0000 $ 36,00 DUES CONFIDENTIAL/CEA 100-00-000-21227-0000 $ 36.00 DUES CMEA 100-00-000-21226-0000 S 36.00 DUES CONFIDENTIAL/CEA 100-00-000-21227-0000 S 36.00 DENTAL HMO -LIBERTY DENTAL 100-00-000-212€1-0000 S 14.74 DENTAL HMO - I,IBERTY DENTAL 100-00-000-212 11 -0000 S 203.48 DENTAL LIMO - LIBERTY DENTAL 100-00-000-21253-0000 S 92.99 DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-0000 $ 271.21 DENTAL HMO - LIBERTY DENTAL 100-00-000-21253-GOOD S 92.89 RETRO DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-0000 S (39.36) DENTAL PPO- MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-0000 S 151.48 DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-0000 S 3.6,14.93 DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-2t253-0000 S 440.72 DENTAL PPO- MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-0000 $ 4,065,81 DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21253-0000 $ 440.72 PTEA DUES 100-00-000-21220-0000 S 313.50 CLERICAL DUES 100-00-000-21224-0000 S 85.50 PTEA DUES 100-00-000-21220-0000 $ 313.50 Page 2 of 12 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 08/11/2022 P.T.E.A. CLERICAL DUES 100-00-000-21224-0000 S 85.50 08/11/2022 PRE -PAID LEGAL SERVICES. INC. PRE -PAID LEGAL, SERVICES 100-00-000-21230-0000 S 121.06 08/1 IJ2022 PRE -PAID LEGAL SERVICES, INC. PRE -PAID LEGAL SERVICES 100.00-000-21230-0000 S 121.04 0911 IJ2022 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-0000 S 55,20 09/1 V2022 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-0000 $ 1,060,77 (18/11/2022 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-0000 S 1,046.07 08/11/2022 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY BASIC LIFE.AD&D AND STD & LTD INSURANCE 403-10-160-54130-0000 S 6.099.47 08/11/2022 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS C/100,000 100-00-000-21254-0000 S 96.43 08/11/2022 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY SUPP. LIFE -LINCOLN NATIONAL 100-00-000-21212-0000- S 745.90 08YI 112022 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS B/50,000 100-00-000.21254-0000- S 546,86 08/I 112022 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS CA00,000 100-00-000-21254-0000- S 36.25 08/1 J/2022 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS D/60,000 I00-00-000-24254-0000 S 21,75 08/11/2022 THE LINCOLN NATIONAL LIFE INSURANCE, COMPANY SUPP. LIFE - LINCOLN NATIONAL 100-00-000-21212-0000 $ 751.35 08/11/2022 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS B/50,000 100-00-000-21254-0000 S 610.60 08/11/2022 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS C/100.000 100-00-000-21254-0000 S 36.25 08/11/2022 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS D/60,000 100-00-000-21254-0000 S 21.75 08/11/2022 ANDREW VELEBIL PER DIME FOR SLI COURSE SESSION 7-ANDREW VELEBIL 501-30-000.22410-0000 S 259.00 08/11/2022 ANDREW VELEBIL PER DIME FOR SLI COURSE SESSION 8-ANDREW VELEBIL 501-30-000-22410-0000 S 259.00 08/11/2022 CSULB FOUNDATION FIELD TRAINING FOR ANDREW 50 1-30-000-224 10-0000 S 454,00 08/11/2022 ANDREW VELEBIL PER DIEM FOR SU COURSE SESSION 6 JUN 27-29. 2022 501-30-000-22410-0000 $ 259,00 08/11/2022 AT WI' MOBILITY PHONE SERVICES FOR MAY:626-347-3279 & 626-634-9140 100-30-310-53403-0000 S 108.15 08/11/2022 AT&T MOBILITY PHONE SERVICES FOR 626-347-3279 & 626-634-9140 100-30-310-53403-0000 S 616.48 08/11/2022 BALDWIN PARK POLICE EXPLORER POST' 6S4 RP-IMBURSFMENT-2022 EXPLORING POST YEARLY RENEWAL 100-30-340-53330-0000 S 830.00 08/11/2022 COVINA NICE CLEANERS CLEANING SERVICES FOR JAIL 100-30-320-S3371-0000 S 110.00 08/11/2022 COVINA NICE CLEANERS CLEANING SERVICES FOR JAIL 100-30-320-53371-0000 S 110.00 08/11/2022 EDWARD GUAN REFUND C&D 3782 PADDY LANE 246-00-000-22540-0000 $ 300.00 09/11/2022 FIRSTADVANTAGE LNS BACKGROUND VERIFICATION FOR ANDREW FRANCO 100-30-310-51100-0000 S 9,38 08/11/2022 GABRIELLE GOMEZ REIMBURSEMNT FOR ARPA BASIC SUBSIDY PROGRAM 275-60-734-53370-1607 S 552.00 09/11/2022 JESSICA MORGAN REIMBURSEMENd' OF DEPOSITFOR RENTAL AT CREEK PARK 501-60-000-22333-0000 S 100.00 09/11/2022 JOHNNY UROUIZA ROOF REPAIRS AT THE COMMUNITY CENTER AND AQUATIC 252-60-620-5337 1 -0000 S 675.00 09/11/2022 JOHNNY UROUIZA ELECTRICAL REPAIRES AT MORGAN PARK & CITY HALL 252-60-620-5337 1 .0000 S 675.00 09/1112022 JORGE VIDAL LOPEZ REPAIR OF TRANSMISSION TO UNIT 3141 402-50-591-5337 1 -0000 S 3.620.00 08/11/2022 KEYSTONE UNIFORMS UNIFORM FOR WNNER 100-30-340-53100-0000 S 67,14 08/11/2022 KEYSTONE UNIFORMS UNIFORM FOR LE 100-30-340-53100-0000 S 67.14 08/1112022 KEYSTONE UNIFORMS BADGE PATCHES 100-30-340-53100-0000 S 463.05 08/11/2022 KEYSTONE UNIFORMS UNIFORM FOR ZENDEJAS 100-30-340-53100-0000 S 37.49 08/1 Y2022 KEYSTONE UNIFORMS UNIFORM FOR ESMERALDA 100-30.340-53100-0000 S 34.73 08/11/2022 LEE. MARKUS ALLI REFUND C&D 14210 CULTER AVE, 246-00-000-22540-0000 S 300,00 08/11/2022 LOS ANGELES COUNTY SHERIFFS DEPARTMENT HELICOPTER SERVICE FOR 06/01/2022-06130/2022 100-30-340-51100-0000 S 93,42 08/1112022 MARINA L. GARCIA ARPA REGISTRATION FOR BASIC SUBSIDY PROGRAM 275-60-734-53370-1607 S 620,00 08/11/2022 MONTY'S ELECTRIC. INC. ELECTRICAL REPAIRES AT MORGAN PARK & CITY HALL 234-60-610-51100-0000• $ 695.00 08/1 112022 MONTY'S ELECTRIC. INC. ELECTRICAL REPAIRES AT MORGAN PARK & CITY HALL 100-60-620-53371-0000 S 405.00 08111/2022 YUNLONG GAO REFUND C&D 13112 WACO ST. 246-00-000-22540-0000, S 602.00 08/11/2022 YUNLONG GAO REFUND C&D AT 13112 WACO ST, 246-00-000-22540-0000 S 518.00 0811 1/2022 FRANCHISE TAX BOARD PAYROLL DEDUCTION F00-00-000-21225-0000 S 179,65 0811112022 LOS ANGELES COUNTY SHERIFFS DEPARTMENT PAYROLL DEDUCTION 100-00-000-21225-0000 S 59,54 08/11/2022 STATE DISBURSEMENT PAYROLL DEDUCTION 100-00-000-21225-0000• S 382,15 0811112022 STATE DISBURSEMENT PAYROLL DEDUCTION 100-00-000-21225-0000 S 381.23 08/11/2022 STATE DISBURSEMENT PAYROLL DEDUCTION 100-00-000-21225-0000 S 204.92 0811112022 STATE DISBURSEMENT PAYROLL DEDUCTION 100-00-000-21225-0000 $ 309.69 08/11/2022 STATE DISBURSEMENT PAYROLL DEDUCTION 100-00-000-21225-0000 S 131-53 09/11/2022 STATE DISBURSEMENT PAYROLL DEDUCTION 100-00-000-21225-0000 S 617,09 08/11/2022 STATE DISBURSEMENT PAYROLL DEDUCTION 100-00-000-21225-0000 $ 415,39 0811112022 STATE. DISBURSEMENT PAYROLL DEDUCTION 100-00-000-21225-0000 $ 90.46 08/11/2022 STATE DISBURSEMENT PAYROLL DEDUCTION 100-00-000-21225-0000 S 1.312.15 08/11/2022 STATE DISBURSEMENT PAYROLL DEDUCTION 100-00-000-21225-0000 S 327.23 08/11/2022 ABIGAIL AVIENDANO REIMBURSEMENT FOR ARPA BASIC SBUSIDY 275-60-734-53370-1607 S 680.00 08/11/2022 AMERICAN EAGLE COMPUTER PROD INC. INK CARTRIDGES FOR POLICE DEPARTMENT 100-3 0-310-53 100-0000 S 887.41 09/11/2022 APN LANDSCAPING INC PLANTING LABOR FOR TWO TREES A'T' 701 FRAZ,IER ST. 254-50-560-5 T 101-0000 S 600,00 08/11/2022 AT&T PHONE AND WIRELESS SERVICES FOR JUNE2022 100-30-310-53403-0000 S 52,22 08/11/2022 CONCENTRA IIEALTH SERVICES. INC PRE -EMPLOYMENT: PHYSICAL FOR EMPLOYEES 100-10-150-51101-0000 $ 265.00 09/11/2022 DANIELESCOBEDO REFUNDC&D 14009 ROCKWAY DR. 246-00-000-22540-0000 S 300.00 08/11/2022 EMMANUEL ESTRADA MAYOR PAID FOR f IOTEL ON PERSONAL CREDIT CARD 100-I0-100-53350-6100 S 265.97 08/11/2022 GABRIELAHOLGUIN REIMBURSEMENT FOR ARPA BASIC SBUSIDY 275-60-734-53370-1607 S 264.00 08/11/2022 GLECY CUSTODIA REIMBURSEMENT FOR ARPA SENIOR TRIPS AND EVENTS 275-60-726-53370-1607. S 120.00 08/11/2022 HERMAN LEE REFUND C&D 12833 SALISBURY AVE. 246-00-000-22540-0000 S 300.00 08111/2022 HLR MEDIA, LLC NOTICE REFERENCE MILITARY EOUIPMENT ORDINANCE 100-30-340-53330-0000 $ 99.00 Page 3 of 12 Payment Number Payment Date Vendor Name 08/11/2022 JEANNIELI 08111/2022 JOSE DE JESUS SORIANO 08/11/2022 JOSER.ULLOA 08/11/2022 JWA URBAN CONSULTANTS INC 08/11/2022 JWA URBAN CONSULTANTS INC 08/11/2022 KATIUZCA NAVARRO 09/11/2022 KEYSTONE UNIFORMS 08/1112022 KEYSTONE UNIFORMS 08111/2022 KEYSTONE UNIFORMS 08/11/2022 KEYSTONE UNIFORMS 08/11/2022 KEYSTONE UNIFORMS 08/11/2022 KEYSTONE UNIFORMS 08/11/2022 LILIANAMARCIAL 08/11/2022 MARIA GOMEZ 09/11/2022 MARIA LUISA ROMO 09/1112022 MARIANA MORENO 09/1 112022 MERCURY FENCE CO.. INC 08/11/2022 MICHAELAVILA 08/1112022 THE COUNSELING TEAM INTERNATIONAL 08/11/2022 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY 09/1112022 VERIZON WIRELESS 08/11/2022 VERIZON WIRELESS 08/11/2022 VERIZON WIRELESS 08/1IJ2022 VERIZON WIRELESS 08AI/2022 VERIZON WIRELESS 08/1112022 VERIZON WIRELESS 08/11/2022 VERIZON WIRELESS 08111/2022 YONG JIANG YU 08/11/2022 AUTOMATION SOLUTIONS- INC. 09111/2022 CANON FINANCIAL SERVICES. INC 08111/2022 GRANICUS. INC 08/11/2022 JON'S FLAGS & POLES INC. 08111/2022 JON'S FLAGS & POLES INC. 08/1112022 JUST REWARDS 09/11/2022 JUST REWARDS 08/11/2022 KAROL BALA 08111/2022 MERRIMAC ENERGY GROUP 08/11/2022 MERRIMAC ENERGY GROUP 08/11/2022 MERRIMAC ENERGY GROUP 08/11/2022 WASTE MANAGEMENT COLLECTION AND RECYCLING, INC 09/1112022 WASTE MANAGEMENT COLLECTION AND RECYCLING, INC 08/11/2022 ADOLPH KIEFER & ASSOCIATES LLC 08/11/2022 ARROYO BACKGROUND INVESTIGATIONS. LLC 08/11/2022 ARROYO BACKGROUND INVESTIGATIONS. LLC 08/11/2022 DERIAN FAMILY FOODS 08/11/2022 DERIAN FAMILY FOODS 09/11/2022 ❑ONALDNEWTON 08/11/2022 ECO CAR SPA 08/11/2022 ECO CAR SPA 08/11/2022 GRAND PRINTING 08/11/2022 HUGHES NETWORK SYSTEMS LLC 08/1 U2022 INDUSTRIAL CLEANING SYSTEMS 08111/2022 INTERNATIONAL CODE COUNCIL 08111/2022 INTERSTATE BATTERIES 08/11/2022 INTERSTATE BATTERIES 08/ 11/2022 INTERSTATE BATTERIES 08/11/2022 INTERSTATE BATTERIES 08/11/2022 J.P. ENGINES INC. 08/11/2022 JC'S PLUMBING & BACKFLOW SVC 08/11/2022 JC'S PLUMBING & BACKFLOW SVC 08/11/2022 JC'S PLUMBING & BACKFLOW SVC 08/11/2022 JONATHAN SOTO 08/11/2022 LACPCA 08/11/2022 LAW OFFICES OF JULIA SYLVA. A LAW CORPORATION 08/11/2022 LAW OFFICES OF JULIA SYLVA- A LAW CORPORATION 08/11/2022 LAW OFFICES OF JULIA SYLVA- A LAW CORPORATION 08/11/2022 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION Description (Item) Accorint Number Amount REIMBURSEMENT REGISTRATION FOR ARPA BASIC SBUSIDY 275-60-734-53370-1607 $ 399.00 REIMBURSEMENT REGISTRATION FOR ARPA BASIC SBUSIDY 275-60-734-53370-1607 S 472.00 REFUND C&D 3935 MARCED AVE. 246-00-000-22540-0000 S 337.00 FINAL PREPARATION TO CLOSE OUT SB a, GRANT 235-40-440-51100-1498 S 6.797.35 FINAL PREPARATION TO CLOSE OUT SB a, GRANT 270-40-440-51100-1498 S 672.65 REIMBURSEMENT FOR ARPA BASIC SUBSIDY 275-60-734-53370-1607 S 240.00 UNIFORM FOR GUTIERREZ 100-30-340-53100-0000 S 530.96 UNIFORM FOR ZENDEJAS 100-30-340-53100-0000 S 192.94 UNIFORM FOR ENRIOUEZ 100-30-340-53100-0000• S 522.70 UNIFORM FOR ACOSTA 100-30.340-53100-0000 S 505.57 UNIFORM FOR RAPP 100-30-340-53100-0000- S 1.234,86 UNIFORM FOR ACOSTA 100-30-340-53100-0000 S 1,276.04 REIMBURSEMENTREGISTRATION FOR ARPA BASIC SBUSIDY 275-60-734-53370-1607 S 288.00 REUND C&D 3337 ATHOL STREET 246-00-000-22540-0000 S 300.00 REIMBURSEMENT REGISTRATION ARPA SENIOR TRIPS & EV 275-60-726-53370-1607. S 240.00 REIMBURSEMENT REGISTRATION FOR ARPA BASIC SBUSIDY 275-60-734-53370-1607 S 605.00 FENCE REPAIRFS AT WAL NUT CREEK 100-60-620-53371-0000 S 330,00 REIMBURSEMENT OF DEPOSIT FOR ADOBE ROOMS 501-60-000-22333-0000 S 300,00 INDIVIDUAL PSYCHOTHERAPY 100-30-310-511CO-0000 S 495,00 EAP PAYMENT FOR 411/2022-6/30/2022 403-10-160-51101-0000 S 675.84 PRONE & WIRLESS FOR JUNE 2022 100-30-310-53403-0000 8 1.329.35 CELL PHONE SERVICES FROM MAY 22-JUNE 21.2022 100-60-610-53403-0000 S 1.179.29 CELL PHONE SERVICES FROM MAY 22-JUNE 21 ,2022 100-60-620-53403-0000 S 396.59 CELL PHONE SERVICES FROM MAY 22-JUNE 21 ,2022 100.60-630.53403.0000 S 1 358,19 CELL PHONE SERVICES FROM MAY 22-JUNE 21 ,2022 100-60-660-53403-0000 S 254.08 CELL PHONE SERVICES FROM MAY 22-JUNE 21,2022 100-60-680-53403-0000 S 600,00 CELL PHONE SERVICES FROM MAY 22-JUNE 21.2022 252-60-620-53403-0000 S 800.00 REPLACEMENT CHECK 11236282- REND C&D 3309 VINELAND 246-00-000-22540-0000 S 908.00 SUPPLIES FOR PROJECTS AND DAILY MAINTENANCE 240-50-550-53100-1570 $ 8.531.15 LEASE FOR 2SHARP MX-6071COPIERS 401-10-141-58140-1150 $ 371.20 SOFTWARE MAINTEANCE COUNCIL MEETING 401-10-140-53379-0000 S 12.600.00 US. STATE AND CITY FLAGS FOR AL CITY FACILITIES 100-60-620-53 1 00.0000 S 1.365.46 US, STATE AND CITY FLAGS FOR AL CITY FACILITIES 252-60-620-53100-0000 S 1.365.47 GIFT CARDS FOR EMPLOYEE TRANSPORTATION 231-50-540-53120-0000 S 215.50 GIFT CARDS FOR EMPLOYEE TRANSPORTATION 23 1-50-540-53120-0000 S 111.50 ENTERTAINMENT FOR DOWNTOWN STREET MARKET 100-60-610-51100-1610 S 1.820.00 REGULAR UNLEADED GASOLINE. 10.837 GL, 402-50-590-53110-I614 $ 19.685.44 REGULAR UNLEADED GASOLINE, 10.837 GL, 402-50.591-53110-1614 S 13.628.92 REGULAR UNLEADED GASOLINE, 10,837 GL, 402-50-591-53110-1614 S 15.899.35 CNG FUEL FOR CITY VEHICLES 402-50-590-53110-1614 $ 1,720.86 CNO FUEL FOR POLICE VEHICLES 402-50-591-53110-1614 $ 1,720.97 MATERIALS AND SUPPLIES PURCHASED FOR OUATICS 501-60-000-22329-0000 S 918.65 UNDERGROUND STORAGE TANK LOCATED AT CITY HALL 100-30-310-51100-0000 S 1.200.00 POST BACKGROUND FOR ANA BALVER 100-30-310-51100-0000 S 1.200.00 BALLOONS FOR THE EMPLOYEE RECOGNITION DINNER 501-60-000-22328-0000 S 83,23 BALLOONS FOR EMPLOYEE RECOGNITION DINNER 501-60-000-22328-0000 S 1,97 THE COST OF POLICE BICYCLE REPAIRES 100-30-360-53100-0000 $ 531.13 CAR WASH FOR CITY AND POLICY VEHICLE 402-50-590-51101-0000 S 84.50 CAR WASH FOR CITY AND POLICY VEHICLE 402-50-591-51101-0000 S 84.50 GOLD FOIL MASTERS FOR STAFF BUSINESS CARDS 100-30-330-53320-0000 S 1.532.03 GEN5HARDWARBLEASE. INSTALLATION AND SERVICE 244-50-510-51101-1550 S 92.70 REPAIR OF PRESSURE WASHER THAT MAINTAINS BUS SHELT 245-50-581-53371-1551- S 509.15 [CC 2022 CALIFORNIA CODES 100-40-450-53330-0000 S L230.67 BATTERIES FOR ALL CITY VEHICLE AND POLICE 402-50-590-53100-0000 $ 292,56 BATTERIES FOR ALL CITY VEHICLE AND POLICE 402-50-591-53100-0000 S 292.56 BATTERIES FOR ALL CITY VEHICLES AND POLICE 402-50-591-53100-0000 S 352.10 BATTERIES FOR ALL CITY VEHICLES AND POLICE 402-50-591-53100-0000 S 69.58 MAINTENANCE ON UNITHS030 DATED 7/22/2022 402-50-590-5337 1 -0000 S 627.98 PLUMBING REPAIRES MADE AT COMMUNITY CENTER 252-60-620.53371-0000 S 378,84 PLUMBING REPA[RES MADE AT COMMUNITY CENTER 252-60-620-53371-0000 S 150.00 PLUMBING REPAIRES MADE AT COMMUNITY CENTER 100-60-620-53371-0000 S 370, t9 GET SLIMY WORK SHOP FOR SUMMER DAY CAMP 100.60-650-51100-0000 S 563.59 LACPCA -SUMMER CONFERENCE FOR CHIEF LOPEZ 100-30-300-53350-0000 S 200.00 RENDERED CANNIBAS FOR 7/112022-7/29/2022 LEGAL FEE 100-40-131-51102-1407- S 4555.00 RENDERED CANNIBAS FOR 7/1/2022-7/29/2022 LEGAL FEE 100-40-131-51102-1407- $ 3.165.00 RENDERED CANNIBAS FOR 7/l/2022-7/29/2022 LEGAL FEE 1C0.40-131-51102-1407- S 1.965-00 RENDERED CANNIBAS FOR 7/l/2022-7/29/2022 LEGAL FEE 1C0-40-131-51102-1407 S 920,00 Page 4 of 12 Payu►ent Number Payment Bate Vendor Natnc Description (Item) Account Number Amount 0811112022 LESLIE'S POOLMART INC MATERIAL AND SUPPLIES FOR 605 RAMONA FOUNTAIN 251-50-562-53100-0000- S 640.77 08/11/2022 BANKCARD CENTER CREDIT FOR OVERPAYMENT REP CK 8 237042 100.10-150-51101-0000. $ (0.01) 08111/2022 BANKCARD CENTER HR DEPT RECEIVED DATE STAMP 100-10-150-53100-0000 S 40.65 08/11/2022 BANKCARD CENTER ITEMS FOR EMPLOYEE APPRECIATION 1OD- 10-150-53100-1 l 10 S 43,94 08/11/2022 BANKCARD CENTER PURCHASE OF ARCHIVE STORAGE FOR CALENDAR PLANNER 100-60-600-53100-0000 $ 66,94 08/11/2022 BANKCARD CENTER MTHLY FEE FOR DROPBOX SUBSCRIPTION USED 100-60-610-51 100-0000 $ 11,99 08/11/2022 BANKCARD CENTER PYMT FOR SG VALLEY NEWS SUBSCRIPTION 100-60-610-53330-0000 S 10.00 08/11/2022 BANKCARD CENTER NETFLIX MTHLY FEE FOR SR CENTER 100-60-630-53330-0000 S 3.50 08/11/2022 BANKCARD CENTER NETFLIX MTHLY FEE FOR TEEN CTR 100-60-660-53330-0000 S 3.49 08111/2022 BANKCARD CENTER NETFLIX MTHLY FEE AT BARNES PARK 100-60-670-53330-1510 S 3.50 08/11/2022 BANKCARD CENTER NETFLIX MTHLY FEE AT TIME ARC 100-60 -680-53 330-0000 S 3,50 09111/2022 BANKCARD CENTER FACEBOOK BOOST FOR MENTAL HEALTH AWARENESS POST 501-60-000-22328-0000 $ 99.98 09A V2022 BANKCARD CENTER USER TRIP FOR ESPERANZA VILLA PARTICIPANT 501-60-000-22328-0000 $ 10,00 09/11/2022 BANKCARD CENTER REGISTRATION FOR AMERICAN RFD CROSS WATER SAFETY 501-60-000-22329-0000 S 614.16 09/11/2022 BANKCARD CENTER MANUAL ARRILLO CR CARD 6/25.7/24/22 100-60-610-51 [00-0000 S 11.99 08/11/2022 BANKCARD CENTER PAYMENT FOR SG VALLEY NEWS SUBSCRIPTION 100-60-610-53330-0000 S 10.00 08/1 112022 BANKCARD CENTER NETFLIX MTHLY FEE FOR SR CENTER 100-60-630-53330-0000 $ 3.87 08/1 112022 BANKCARD CENTER NETFLIX MTHLY FEE FOR TEEN CENTER 100-60-660-53330-0000 S 3.87 08/11/2022 BANKCARD CENTER NETFLIX MTHLY FEE AT THE BARNES PARK 100-60-670-53330-1510 S 3.88 08/11/2022 BANKCARD CENTER NETFLIX MTHLY FEE FOR THE ARC 100-60-680-53330-0000 $ 3,87 09/11/2022 BANKCARD CENTER SAFETY FLAG & STORAGE BAG FOR ST MARKET 501-60-000-22328-1610 $ 84.00 08/11/2022 BANKCARD CENTER PURCHASE OF FIEAVY DUTY POLYSESTFR MESH LAUNDRY 501-60-000-22328-1610 S 42.34 08/15/2022 NANCY M. FORNISS REIMBURSE REGISTRATION FOR ARPA SR TRIPS & EVENTS 275-60-726-53370-1607 S 45.00 08/15/2022 NEW WAYS TO WORK, INC CONTRACT SERV FOR NEXTGEN YOUTH WORKFORCE PROG 100-25.299.51100-1143, $ 2.800.00 08/15l2022 NGAI WAH CHEUNG REND C&D 13417 VALLE VISTA AVE (1300-019-628) 246-00-000-22540-0000 S 7-373.01 08/15/2022 NGAI WAH CHEUNG RFND C&D 13417 VALLE VISTA AVE (1300-018-629) 246-00-000-22540-0000 S 547.42 08/15/2022 NICHOLS LUMBER & HARDWARE MATERIALS & SUPPLIES - TAP CARDE 6MM 245-50-581-53100-1551� $ 4,92 08/15/2022 NICHOLS LUMBER & HARDWARE MATERIALS & SUPPLIES FOR TIMF HOME 2.0 PROJECT 251-50-571-53100-0000 S 2,401.12 08/15/2022 NORMA RAMOS REIMBURSE REGISTRATION FOR ARPA SR TRIP & EVENTS 275-60-726-53370-1607. $ 45.00 08/15/2022 NORMAN A. TRAUB INVESTIGATION 403-10-160-51102-0000- S 11.520.40 08/15t2022 ODP BUSINESS SOLUTIONS. LLC STAMP 100-10-120-53100-0000 S 20.26 08/15/2022 ODP BUSINESS SOLUTIONS. LLC STAMP 100-10-120-53100-0000 S 27.94 08/15/2022 OMAR RODRIGUEZ BASIC SUBSIDY REGISTRATION WEEK 34 - WEEK 38 275-60-734-53370-1607 $ 228.00 08/15/2022 UREILLY AUTO PARTS MATERIALS & SUPPLIES FOR VEHICLE MAINTENANCE 402-50-59 0-53 1 00-0000S (29,57) 0811512022 O'REILLY AUTO PARTS MATERIALS & SUPPLIES FOR VEHICLE MAINTENANCE 402-50-590-53100-0000• S 71,16 0911512022 O'REILLY AUTO PARTS MATERIALS & SUPPLIES FOR VEHICLE MAINTENANCE 402-50-590-53100-0000 S (173.58) 09/15/2022 O'REILLY AUTO PARTS MATERIALS & SUPPLIES FOR VEHICLE MAINTENANCE 402-50-590-53100-0000- $ (185.28) 0811512022 O'REILLY AUTO PARTS MATERIALS & SUPPLIES FOR VEHICLE. MAINTENANCE 402-50-590.53I00-0000- S (49.95) 08/15/2022 O'REILLY AUTO PARTS MATERIALS & SUPPLIES FOR VEHICLE MAINTENANCE 402-50-591-53100-0000- S (26.70) 08/1512022 O'REILLY AUTO PARTS MATERIALS & SUPPLIES FOR VEHICLE MAINTENANCE 402-50-590-53100-0000- S 69.39 08/1S/2022 GRP-ILLY AUTO PARTS MATERIALS & SUPPLIES FOR VEHICLE MAINTENANCE 402-50-590-53100-0000 S 14.65 09/15/2022 O'REILLY AUTO PARTS MATERIALS & SUPPLIES FOR VEHICLE MAINTENANCE 402-50-590-53100-0000 S 219,22 08/1512022 O'REILLY AUTO PARTS MATERIALS & SUPPLIES FOR VEHICLE MAINTENANCE 402-50-590-53100-0000 S (219.22) 0811512022 O'REILLY AUTO PARTS MATERIALS & SUPPLIES FOR VEHICLE MAINTENANCE 402-50-590-53100-0000 S 111.26 08/15/2022 O'REILLY AUTO PARTS MATERIALS & SUPPLIES FOR VEHICLE MAINTENANCE 402-50-591-53100-0000 S 245.68 08/15/2022 O'REILLY AUTO PARTS MATERIALS & SUPPLIES FOR VEI IICLE MAINTENANCE 402-50-591-53100-0000 S 37.21 08/15/2022 PATRICIA L. TU HONG RFND C&D 4861 LA RICA AVE 246-00-000-22540-0000 $ 603.00 08/15/2022 PATRICIA L. TU HONG RFND C&D 4861 LA RICA AVE 1B00-021-640) 246-00-000-22540-0000 $ 759,00 09/15/2022 PREMIERE FUELING SERVICES INC MAINTENANCE AND REPAIRS FOR PUMPS AND 402-50-590-533 7 1 -0000 S 125.00 08/15/2022 PREMIERE FUELING SERVICES INC MAINTENANCE AND REPAIRS FOR PUMPS AND 402-50-591-53371-0000 S 125.00 08/15/2022 PRIME POWER EQUIPMENT INC MAINTENANCE & REPAIRS - MOWER 251-50-560-533 71 -0000 $ 262.98 08/15/2022 PUBLIC SAFETY CENTER. INC. BARRICADE TAPE FOR PD 100-30-340-53100-0000 S 251.32 08/15/2022 PUMPMAN. INC. MAINTENACE DONE TO SEWAGE SYSTEM ALARM IN PD 100-60-620-533 7 1 -0000 $ 200.00 08/15/2022 RAOUFL A. URBINA REIMBURSE REGISTRATION FOR ARPA SR TRIP & EVENTS 275-60-726-53370-1607. S 75.00 08/15/2022 RED WING BRANDS OF AMERICA INC BOOT ALLOWANCE FRO L.MFZA 246-50-552-53100-1500 S 300,00 08/15/2022 REDEEMER FOOD BANK FOOD ASSISTANCE PROGRAM 220-40-420-53360-1483 S 222.59 08/1512022 REDEEMER FOOD BANK FOOD ASSISTANCE PROGRAM 220-40-420-53360-1483 S 966.45 09/1512022 REDEEMER FOOL] BANK FOOD ASSISTANCE PROGRAM 220-40-420-53360-1483 S 678.37 08/15/2022 REDEEMER FOOD BANK FOOD ASSISTANCE PROGRAM 220-40-420-53360-1483 S L 198.34 08/15/2022 REDEEMER FOOD BANK FOOD ASSISTANCE PROGRAM 220-40-420-53360-1483 S 140.01 09/15/2022 RICHARDS. WATSON & GERSHON GFNFRAL LABOR & EMPLOYMENT ADVICE 403-10-160-51102-0000 $ 128.82 08/15/2022 RKA CONSULTING GROUP ON -CALL ENGINEERING SERVICES FOR LAND 100-50-510-51100-0000 $ 4,270,00 08/15/2022 RMC FACILITIES SERVICES RFND C&D 14401 RAMONA BLVD 246-00-000-22540-0000 S 750.00 09/15/2022 ROBERTSON INDUSTRIES INC PYMT OF TEMPORARY FENCING (7, BARNES PARK 23 4-60-6 10-51100-0000 S 6.694.00 08115/2022 ROSA ELENA MARTINEZ REIMBURSE REGISTRATION FOR ARPA SR TRIP & EVENTS 275-60-726-53370-1607, S 120.00 08/15/2022 SAFARILAND LLC SUPPLIES FOR POLICE DEPT 100-30-3 50-53 100-0000 S 2.900.30 08/15/2022 SERVICE FIRST CONTRACTORS MAINTENANCE & REPAIRS MADE TO AQUATIC CTR POOL 100-60-620-533 7 1 -0000 $ 1,161.44 Page 5 of 12 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 08/1512022 SERVICE FIRST" CONTRACTORS MAINTENANCE & REPAIRS MADE TO AOUATIC CTR POOL 100-60-620-53371.0000 S 256.85 09115/2022 SERVICE FIRST CONTRACTORS MAINTENANCE & REPAIRS MADE TO AOUA`IlC CTR POOL 100-60-620-53371-0000 S 1,572,70 0811512022 SHERINE LYNN BASIC SUBSIDY REGISTRATION WEEK 34- WEEK 38 275-60-734-53370-1607 $ 276.00 08/15/2022 SHI INTERNATIONAL CORP SYNOLOGY RACKSTATION RS 1221 -1 401-10-140-53390-0000 S 6,357.65 08115/2022 SIT[ INTERNATIONAL COPP 0 SYNOLOGY RACKSTATION RS1221 401-10-140-53390-0000 S 604.15 08/1512022 SIT[ INTERNATIONAL CORP MISCELLANEOUS SUPPLIES. PARTS & MINOR 401-10-140-53100-0000 S 501.39 08/15/2022 SIT[ INTERNATIONAL CORP APPLE STUDIO DISPLAY STANDARD GLASS, 401-10-140-53390-0000 S 7.244.22 08/15/2022 SHI INTERNATIONAL CORP 0 APPLE STUDIO DISPLAY STANDARD GLASS 401-10.140-53390-0000 S 722.45 09/15/2022 SHI INTERNATIONAL CORP MISCELLANEOUS SUPPLIES, PARTS & MINOR 401-10-140-53100-0000 $ 2,376.99 08/15/2022 SHI INTERNATIONAL CORP MISCELLANEOUS SUPPLIES. PARTS & MINOR 401-10-140-53390-0000 S 3.93 08/15/2022 SHI INTERNATIONAL CORP MISCELLANEOUS SUPPLIES .PARTS & MINOR 401-10-140-53100-0000 S 640,17 0B/15/2022 SI11 INTERNATIONAL CORP MERAKI MR56 WI-FI 6 INDOOR AP (41FA) AND 401-10-140-53390-0000- S 5.755.91 08/15/2022 SHI. INTERNATIONAL CORP O MERAKI MR56 WI-FI 6 INDOOR AP 401-10-140-53390-0000 S 538.05 09115/2022 SILVER & WRIGHT. I11' LEGAL SERVICES CITY OF' B.PARK - D.RODRIGUEZ 403-10-160-54100-0000- S 3A71.82 09115/2022 STARSIDE SECURITY & INVESTIGATIONS INC JAIL OPERATIONS FOR FY21-22 100-30-370-51100-0000 S 41.904.60 09/15/2022 SUNBELT RENTALS RENTAL FOR MANLIFT FOR HANGING BANNERS AT CT HALL 240-50-551-53391-1570 S 1,035.62 08/15/2022 SUSANA LOPEZ REND C&D 5118 LANDIS AVE 246-00-000-22540-0000- $ 605,00 08/1512022 TERMINIX EXTERMINATOR SERVICES (a? CT FACILITIES 100-60-620-5337 1 -0000 S 93.00 08/15/2022 TERMINIX EXTERMINATOR SERVICES (a. CT FACILITIES 100-60-620-53371-0000 S 48.50 08/15/2022 TERMINIX EXTERMINATOR SERVICES 0r. CT FACILITIES 252-60-620-53371-0000 $ 28.50 08/15/2022 TERMINIX EXTERMINATOR SERVICES (a� CT FACILITIES 252-60-620-53371-0000 S 113.00 08/15/2022 THESHREDDERS SHREDDING SERVICES 100-10-150-51100-0000 S 45.50 08/15/2022 THESHREDDERS SHREDDING SERVICES 100-10-150-51100-0000 $ 55,50 08/1512022 THESHREDDERS SHREDDING SERVICES 100-10-150-51100-0000 S 55,50 08/1512022 THESHREDDERS SHREDDING SERVICES 100-10-150-51100-0000 S 55.50 08A5/2022 VORTEX INDUSTRIES INC REPLACE MAP-STROPR024 OUTPUTS! 100-60-620-581 I0-0000 S 10.066.00 08A5/2022 WAXIE SANITARY SUPPLY ,JANITORIAL SUPPLIES FOR CITY FACILITIES 100-60-620-53100-0000 S 156.20 08/15/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES FOR CITY FACILITIES 100-60-620-53100-0000 S 32T73 08/15/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES FOR CITY FACILITIES 1 00.60-620-53 100-0000 S 156.20 0811512022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES FOR CITY FACILITIES 100-60-620-53100-0000 S 510,55 08/1512022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES FOR CITY FACILITIES 100-60-620-53100-0000 $ 13,05 0811512022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES FOR CITY FACILITIES 252-60-620-53100-0000 $ 436.89 08/15/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES FOR CITY FACILITIES 252-60-620-53100-0000 S 311.34 08/15/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES FOR CITY FACILITIES 252-60-620-53100-0000 $ 415.50 08/15/2022 WEST COAST ARBORISTS. INC TREE & STUMP REPAIR/REMOVALS 245-50-561-53371-1553 S 4.083.00 08/1512022 WILLIAM SALAZAR RFND C&D 14827 RAMONA BLVD 246-00-000-22540-0000 $ 300.00 0811512022 YUNEXLLC EXTRAORDINARY REPAIRS TO RAFFIC; SIGNAL 251-50-520-58100-5501. S 1,825.50 0811512022 YUNEX I.,LC EXTRAORDINARY REPAIRS TO TRAFFIC SIGNAL 251-50-520-58100-5501. $ 7.052,05 09/15/2022 YUNEX LLC EXTRAORDINARY REPAIRS TO TRAFFIC SIGNAL 251-50-520-58100-5501, S 1,639.31 08/15/2022 YUNEX LLC EXTRAORDINARY REPAIRS TO TRAFFIC SIGNAL 251-50-520-58100-5501. S 3.106.11 08/15/2022 YUNEX LLC FURNISH & INSTALL 25' PARKING LOT POLE 0. HILDA SOL 100-60-620-53371-0000 S 6.795.00 081I512022 NICHOLS LUMBER & HARDWARE MATERIALS & SUPPLIES FOR STREET SWEEPER 246-50-552-53100-1500 S 122.02 08/15/2022 NICHOLS LUMBER & HARDWARE MATERIALS & SUPPLIES - CONCRETE SAW 251-50-550-53100-0000 S 175.19 03/15/2022 NICHOLS LUMBER & HARDWARE MATERIAL & SUPPLIES - CONCRETE SAW BLADE 251-50-550-53100-0000 S 175.19 08/1512022 NICHOLS LUMBER & HARDWARE MATERIALS & SUPPLIES TO MAINTAIN BUS SHELTERS 244-50-581-53100-1551, S 31,74 09/1512022 NICHOLS LUMBER & HARDWARE MATERIAL & SUPPLIES - 251-50-550-53100-0000 S 116.06 08/15/2022 NICHOLS LUMBER & HARDWARE MATERIALS & SUPPLIES FOR TINY HOME PROJECT 251-50-571-53100-0000 S 345.14 08/1512022 NICHOLS LUMBER & HARDWARE MATERIALS & SUPPLIES FOR TINY !-TOME PROJECT 251-50-571-53100-0000 S 469.99 09/15/2022 NICHOLS LUMBER & HARDWARE MATERIAL & SUPPLIES FOR TINY HOME PROJECT 251-50-571-53100-0000 S 19.09 08/15/2022 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 100-10-120-53100-0000 S 298.05 08/15/2022 ONLINE POWER, INC PYMT OF PREVENTIVE MAINTENANCE IEVALUA7TON IN PARK 245-60-620-53371-1589 S 1,350,00 08/15/2022 OREILLY AUTO PARTS MATERIALS & SUPPLIES FOR CT VEHICLES 402-5 0-590-53 100-0000 S 103.57 09/15/2022 O'REILLY AUTO PARTS MATERIALS & SUPPLIES FOR CT VEHICLES 402-50-590-53100-0000 S 42.96 08/15/2022 O'REILLY AUTO PART S MATERIALS & SUPPLIES FOR CT VEHICLES 402-50-590-53100-0000 S (65.78) 08115/2022 O'Rl?ILI,Y AUTO PARTS MATERIALS & SUPPLIES FOR CT VEHICLES 402-50-590-53100-0000 S 11.31 08/15/2022 OREILLY AUTO PARTS MATERIALS & SUPPLIES FOR CT VEHICLES 402-50-590-53100-0000 S 8.24 08/15/2022 O`RFILLY AUTO PARTS MATERIALS & SUPPLIES FOR CT VEHICLES 402-50-590-53100-0000 S 27.53 08/15/2022 OREILLY AUTO PARTS MATERIALS & SUPPLIES FOR CT VEHICLES 402-50-590-53100-0000 $ (27.53) 08/15/2022 OREILLY AUTO PARTS MATERIALS & SUPPLIES FOR CITY VEHICLES 402-50-590-53100-0000 $ 354.78 08115/2022 OREILLY AUTO PARTS MATERIALS & SUPPLIES FOR CITY VEHICLES 402-50-590-53100-0000 S 4.36 08115/2022 O'REILLY AUTO PARTS MATERIALS & SUPPLIES FOR CITY VEHICLES 402-50-591-53100-0000 S 50.35 08115/2022 O'RBILLY AUTO PARTS MATERIALS & SUPPLIES FOR CITY VEHICLES 402-50-590-53100-0000 S 28.17 08115/2022 O'REILLY AUTO PARTS MATERIALS & SUPPLIES FOR CITY VEHICLES 402-50-590-53100-0000 S 94.39 08115/2022 OREILLY AUTO PARTS MATERIALS & SUPPLIES FOR CITY VEHICLES 402-50-590-53100-0000 S 35.40 08115/2022 O'REILLY AUTO PARTS MATERIALS & SUPPLIES FOR CITY VEHICLES 402-50-590-53100-0000 S 48,09 08/15/2022 OREILLY AUTO PARTS MATERIALS & SUPPLIES FOR CITY VEHICLES 402-50-590-53100-0000 S 25.17 08/15/2022 O'REILLY AUTO PARTS MATERIALS & SUPPLIES FOR CITY VEHICLES 402-50-590-53100-0000 S 59.22 Page 6 of 12 Payment Number Payment Date Vendor Name 08/I5/2022 PARTY 360 FUENTES CO 08/15/2022 PARTY 360 FUENTES CO 08II5/2022 PREMIERE FUELING SERVICES INC 081I512022 PRIME POWER EQUIPMENT INC 0811512022 PRIME POWER EQUIPMENT INC 08/15/2022 PRIME POWER EOUIPMRNT INC 08/15/2022 PYRO SPECTACULARS INC, 08/15/2022 QUADIENT LEASING USA INC 08/15/2022 RACEPLACE 0811512022 RAFAEL SARMIENTO 08/15/2022 RED WING BRANDS OF AMERICA INC 08/15/2022 RICOH USA INC 08/15/2022 RICOH USA INC 09/15/2022 RICOH USA INC 09/15/2022 RICOH USA INC 0911512022 ROSALBA RMENEZ 09/15/2022 S&S WORLDWIDE. 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MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 100-60-620-53100-0000 S 29.19 237727 08/15/2022 WALTERS WHOLESALE ELECTRIC CO. MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 100-60-620-53100-0000 S 1.002.56 237727 08/15/2022 WALTERS WHOLESALE ELECTRIC CO, MATF.;RIALS & SUPPLIES FOR BLDG MAINTENANCE 100-60-620-53100-0000 S (212.79) 237728 08/15/2022 WAXIE SANITARY SUPPLY MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 100-60-620-53100-0000 $ 35233 237728 09/15/2022 WAXIE SANITARY SUPPLY MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 252-60-620-53100-0000 S 352.34 237729 08/18/2022 BLUESKY DIVERSIFIED INC. SERVICE FOR POLICE VEHICLES 402-50-591-53371-0000 S 420.96 237729 08/18/2022 BLUESKY DIVERSIFIED INC. CREDIT MEMO 402-50-590-51101-0000 S (417.46) 237730 08/18/2022 CAL BLEND SOILS INC BULK LANDSCAPE SUPPLIES 245-50-560-53100-1553 $ 1,607.15 237731 08/19/2022 CAL BLEND SOILS INC MATERIAL AND SUPPLIES -BARK FOR MORGAN PARK 251-50-560-53100-0000 S 746.69 237732 08/19/2022 COMMAND GPS GPS TRACKING W/DATA WEB PORTAL AND MOBILE 402-50-590-5 110 1 -0000 S 500.00 237732 O9/1912022 COMMAND GPS GPS TRACKING W/DATA WEB PORTAL AND MOBILE 402-50-591-51100-0000 S 100.00 237732 O9/18/2022 COMMAND GPS GPS TRACKING W/DATA WEB PORTAL AND MOBILE 402-50-591-51101-0000 S 125.00 237732 08/18/2022 COMMAND GPS LINXUP TRACKING SERVICE 1 YEAR 402-50-590-51101-0000 S 25.00 237733 08/1812022 EDGAR CRUZ CAR WASH FOR SEVERAL POLICE VEHICLES -MAY & JUNE 402-50-590-51101-0000 $ 314,00 237733 08/18/2022 EDGAR CRUZ CAR WASH FOR SEVERAL POLICE VEHICLES -MAY & JUNE 402-50-591-51101-000P $ 314.00 237733 08/18/2022 EDGAR CRUZ SCHEDULED CAR WASHES FOR POLICE VEHICLES 402-50-591-51101-0000 S 968.00 237734 08/18/2022 EWING IRRIGATION, INC. IRRIGATION SUPPLIES 251-50-562-53100-0000 S 19.64 237734 08/18/2022 EWING IRRIGATION, INC. CREDIT 251-50-562-53100-0000 S (16.69) 237734 08/18/2022 EWING IRRIGATION, INC. IRRIGATION SUPPLIES 251-50.562-53100-0000 S 455,85 237734 08/18/2022 EWING IRRIGATION. INC. IRRIGATION SUPPLIES 251-50-562-53100-0000 $ 506,69 237734 08/18/2022 EWING IRRIGATION. INC. CREDIT 251-50-562-53100-0000 S (327.30) 237734 09/19/2022 EWING IRRIGATION. INC. 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MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 100-60-620-53100-0000 S 90,82 237787 08J18/2022 WEST'COASTARBORISTS.INC CITYWIDE TREE MAINTENANCE PROFESSIONAL711-7/15122 251-50-561-51100-0000 $ 42,086.00 237788 08J I812022 WILLIAM ZENDEJAS REIMBURSE MILEAGE & PER DIEM 4 TRNG 10117-10/28/22 501-30-000-22410.0000 S I96-25 237789 08118/2022 ANA COVARRUBIAS REIMBURSEMNT REGISTRATION FOR ARPA SENIOR TRIPS 275-60-726-53370-1607 S 120.00 237790 08/18/2022 AT&T PHONE & WIRLESS FOR JUL. 7- AUG. 6. 2022 100-30-310-53403-0000 S 51.88 237790 08/18/2022 AT&T PHONE & WIRLESS SFRVCIE FOR AUG. 7- SEP, 6, 2022 100-30-310-53403-0000 S 51.88 237791 08/18/2022 AT&T PHONE SERVICE FOR 7/I/2022-713l/2022 100-30.310-53403.0000 S 1,236,14 237792 08/19/2022 AT&T MOBILITY PHONE & WIRLESS FOR JULY 2022-ACCOUNT:287310928172 100-30-310-53403-0000 S 616,48 237792 08/18/2022 AT&T MOBILITY PHONE ERVICE FOR JULY 2022, ACCT:870583518 100-30-310-53403-0000 $ 453,75 237793 08/18/2022 B&B TIRE SERVICE TIRE 225-70-19-5 FOR STOCK 402-50-590-53100-0000 S 45.00 237794 08/18/2022 BERLITZ LANGUAGES, INC. 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S 75.00 237805 08/18/2022 EZEQUIEL CONTRERAS CONTRACT SERVICES TO TAE KWON DO CLASSED-7/25-8118 501-60-000-22328-0000• $ 828.75 237806 09/18/2022 FEDEX OFFICE FEDEX DELIVERY SERVICES 100-30-310-53100-0000 S 92.85 237806 08/18/2022 FEDEX OFFICE LATE FEE FOR INV# 7-791-19053 100-30-310-55745-0000 S 2.00 237807 09/18/2022 FORENSIC NURSE SPECIALIST. INC DV EXAM (DAFE) 100-30-310-51100-0000 S 500.00 237807 09/18/2022 FORENSIC NURSE SPECIALIST, INC DV EXAM (DAFE) 100-30.310-S1100-0000 S 300.00 237908 09/18/2022 FRONTIER COMMUNICATIONS PHONE & WIRELSS FOR JULY 2022-6263385795-031798-5 100-30-310-53403-0000 S 158.86 237808 08/18/2022 FRONTIER COMMUNICATIONS PHONEIW[RELESS FOR JUL.2022 ACCT:626338579503178-5 100-30-310-53403-0000 S 151.49 237809 08/18/2022 HDL. COREN & CONE CONTRACT SERVICE PROPERTY TAX: JUL. -SEP. 2022 100-25-299-51100-0000 $ 3,155.03 237910 08/18/2022 J LEE ENGINEERING, INC. INTERIM BUILDING INSPECTOR SERVICES 100-40-450-51100-0000 S 4,180.00 237911 08/18/2022 J.P. 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SERVICE FOR CITY VEHICLES 402-50-590-53371-0000 S 1,888.06 237814 08/18/2022 JESUS RIOS AST'ORGA REIMBURSEMENT" OF ARPA CALIFORNIA MF;MBFRSHII' 100-40-440-53330-0000 $ 99.00 237815 08/18/2022 KAROL BALA ENTERTAINMENT FOR DOWNTOWN STREET MARKET 100-60-610-51100-1610 S 1.820.00 237816 08/18/2022 LEE'S BATTERY AND AUTO PARTS BATTERIES FOR THE TRAFFIC SIGNAL LIGHTS 251-5 0-55 0-53 100-0000 S 175.20 237817 08/18/2022 LEWIS ENGRAVING INC NAME BADGES AND DESK PLATES L00-30-310.53100-0000 $ 165.38 237818 08/18/2022 LORENZA CHIU REIMBURSEMENT REGISTRATION FOR APRA SENIOR TRIP 275-60-726-533 70- 160 7. S 150,00 237819 08/18/2022 LORENZO R SALLAS STAGE, LIGHTING AND SOUND SERVICES FOR 230-60-610-51100-1610 $ 16,255,00 237820 08/18/2022 LOS ANGELES COUNTY FIRE DEPARTMENT UNDERGROUND STORAGE TANK LOCATED AT CITY YARD 402-50-590-53370-0000 S 4,574,00 237820 08/18/2022 LOS ANGELES COUNTY FIRE DEPARTMENT UNDERGROUND STORAGE TANK LOCATED AT CITY HALL 402-50-590-53370-0000 S 2,647,00 237821 08/18/2022 MANUE.L CARRILLO. JR REIMBURSEMENT FOR DONUTS FOR PRIDE OF RUN VOLUNTEE 501-60-000-22328-1614- $ 40.97 237822 08/18/2022 MOJICA JUDO CLUB CONTRACT SERVICES FOR JUDO CLASSED 6/29-813/2022 501-60-000-22328-0000 S 933,40 237823 08/18/2022 CARPENTER & ROTHANS BALDWIN PARK GENERAL MATTERS BP FILE NO: 1311.1000 403-10-160-54100-0000 S 154.90 237823 08/18/2022 CARPENTER & ROTHANS DISCIPLINARY MATTER-B➢PD. BP FILE NO: BP. 1011 403-10-160-54100-0000 $ 1391,70 237823 08/18/2022 CARPENTER & ROTHANS CASE NO: 2:21 CV-07293-FMO-AFM. BP NO: BP, 1014 403-10-160-54100-0000 S 11,456,25 237824 08/18/2022 SAN GABRIEL VALLEY WATER COMPANY 13167 GARVEY AVE 7/14-8102/22 501-50-000-22000-5500 $ 36,19 237825 08/18/2022 VALLEY COUNTY WA'CER DIST $4173 GARVEY AVE 6/24-7127122 501-50-000-22000-5500 S 135,70 237826 09/23/2022 FOOD 4 LESS FOOD /PRODUCE FOR THE FOOD GIVEAWAY 9/02/2022 275-60-713-53100-1607, $ 31.59135 DFT0005797 08/04/2022 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-0000 S (10,23) DFT0005787 08/04/2022 PERS-RETIREMENT PERS MISC CITY PAID - PEPRA 100-00-000-21256-0000 S (6.51) DFT0005787 08/04/2022 PERS-RETIREMENT PERS SURVIVOR RETIREMENT 100-00-000-21207-0000 S 180,42 DYT0005787 08/04/2022 PERS-RETIREMENT PERS ADDITIONAL RETIREE SVC CR 100-00-000-21206-0000 S 148,67 DFT0005787 08/04/2022 PERS-RETIREMENT PERS REDEPOSIT 100-00-000-21206-0000 $ 21,78 DFT0005787 08/04/2022 PERS-RETIREMENT PERS SWORN- 344 100-00-000-21206-0000 S 14.528.02 l)P-1'0005787 08/04/2022 PERS-RETIREMENT PERS MISC 350 100-00-000-21206-0000 $ 16.240.34 DFT0005787 08/04/2022 PERS-RETIREMENT PERS SWORN 351 100-00-000-21206-0000 $ 12.563.35 DFT0005787 08/04/2022 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-0000 S 7,964.30 DFT0005787 09/04/2022 PERS-RETIREMENT PERS SWORN CITY PAID - PEPRA 100-00-000-21256-0000 $ 14.282,16 DFT0005787 08/04/2022 PERS-RETIREMENT PERS SWORN ER REG PAY 100-00-000-21256-0000 $ 33.153,50 DFT0005797 08/04/2022 PERS-RET"IREMEN'I' PT PERS MISC CITY PAID 100-00-000-21256-0000 S 1,068.88 DFT0005787 09/04/2022 PERS-RETIREMENT PERS MISC CITY PAID 100-00-000-21256-0000 S 23.049.11 DFT0005787 08/04/2022 PERS-RETIREMENT PERS MISC CITY PAID - PEPRA 100-00-000-21256-0000 $ 14.016.85 DFT0005808 08/10/2022 MASSMUTUAL EMPOWER 100-00-000-21213-0000 S 10.754.00 DFT0005809 08/10/2022 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-0000 S 5.250.00 DFT0005810 08A W2022 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-0000 $ 409,96 DFT0005911 08/LO/2022 INTERNAL REVENUE SERVICE MEDICAREPAYMENT 100-00-000-2120 1 -0000 $ 549,62 DFT0005912 08/10/2022 STATE OF CALIFORNIA FMPLOYMFNT STATE INCOME TAX PAYMENT 100-00-000-21202-0000 S 136.88 DFT0005917 08/11/2022 MASSMUTUAL EMPOWER 100-00-000-21213-0000 S 13,091.00 DF1`00058I8 08/11/2022 MASSMUTUAL EMPOWER RETIREMENT 100-00-000-21213-0000 S 1.797.35 DFT0005819 08/11/2022 MASSMUTUAL EMPOWER 100-00.000-21232-0000 $ 1.442.00 DFT0005820 08/31/2022 MASSMUTUAL EMPOWER 100-00-000-2L232-0000 S 127.53 DFT0005821 08/11/2022 AMERICAN FIDELITY ASSURANCE COMPANY FSA - AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-0000 S 999.95 DFT0005822 08/11/2022 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-2123 1 -0000 $ 119.10 DFT0005823 08/11/2022 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-0000 S 246,12 DFT0005824 03/11/2022 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-0000 S 30.51 DFTT0005825 08/11/2022 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-2123 1 -0000 S 51.54 DFT0005826 08/11/2022 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-0000 S 3.142.86 Page 11 of 12 Payment Number Payment Date 'Vendor Name Description (Item) Account Number Amount DFT0005827 08/11/2022 MASSMUTUAL MASS MUTUAL CITY PAID 100-00-000-21257-0000 S 2.250.00 DFT0005828 08/11/2022 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-0000 S 857.18 DFT0005829 08/11/2022 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-0000 S 90.348.92 DFT0005830 08/11/2022 INTERNAL REVENUE SERVICE SOCIAL SECURITY PAYMENT 100-00-000-21200-0000 S 10,308.98 DFT0005931 08/11/2022 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-21201-0000 $ 22,757,48 DFT0005832 08/11/2022 STATE OF CALIFORNIA EMPLOYMENT S'1'A'I'1 INCOME TAX PAYMENT' 100-00-000-21202-0000 S 3S 674 RD Grand Total: $ 2,603,0.50.61 Page 12 of 12 ITEM NO. 2 STAFF REPORT LD TO: Honorable Mayor and Members of the City Council T.E r" FROM: Lourdes Morales, Chief Deputy City Clerk LDATE: September 7, 2022 LtEY JAN,�,� SUBJECT: Meeting Minutes SUMMARY The City Council held Special and Regular City Council Meetings on the dates listed below. RECOMMENDATION Staff recommends that the City Council approve meeting minutes for the following City Council Meetings: Special City Council Meeting of August 17, 2022. Regular City Council Meeting of August 17, 2022. FISCAL IMPACT There is no fiscal impact associated with this item. BACKGROUND Not applicable ALTERNATIVES Not applicable LEGAL REVIEW This report does not require legal review. ATTACHMENTS 1. Special City Council Meeting of August 17, 2022. 2. Regular City Council Meeting of August 17, 2022. MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING August 17, 2022, 5:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 5:05 PM by Mayor Estrada. ROLL CALL Chief Deputy City Clerk Morales performed roll call: PRESENT: Council Member Alejandra Avila Council Member Monica Garcia was absent from meeting. Council Member Paul C. Hernandez Mayor Pro Tern Daniel Damian Mayor Emmanuel J. Estrada PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at 5:06 PM. Seeing no one wishing to speak, Mayor Estrada closed Public Communications at 5:06 PM. OPEN SESSION/STUDY SESSION • Regency Hotel- New Owner Presentation Presented by Community Development Director Ron Garcia Council member Alejandra Avila stated she was excited to see a change and asked if they were eliminating the balcony with the new renovation. Regency Hotel New Owner mentioned the balcony would be removed. The City Council recessed into closed session at 5:16 PM. RECESS TO CLOSED SESSION 1. Conference With Legal Counsel —Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Maria Cortez Vides v. City of Baldwin Park Case No. 22STCV11511 Case Name: Matthew Rodriguez v. Case No. 222-cv-01069-FLA-MAR City of Baldwin Park Special Meeting of 8/17/22 Page 1 of 2 Case Name: Kuberry, Michael, Hemenway and Findley Case No. 21STCV07382 v. City of Baldwin Park Case Name: Jason Adams, AA DOE, AR, DOE, and Case No. 21 STCV07429 James Galleegos v. City of Baldwin Park Case Name: Tuan Le v. City of Baldwin Park Case No. 21 STCV34473 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) RECONVENE IN OPEN SESSION The City Council reconvened into open session regular meeting at 7:00 PM. REPORT ON CLOSED SESSION City Attorney Robert N. Tafoya announced no reportable action was taken. ADJOURNMENT There being no further business, motion was made by Mayor Estrada seconded by Mayor Pro Tern Avila, to adjourn the meeting at 7:05 PM. Emmanuel J. Estrada, Mayor ATTEST: Marlen Garcia, City Clerk "T'j-0-001TWill Special Meeting of 8/17/22 Page 2 of 2 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING August 17, 2022, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order 7:05 PM by Mayor Estrada. INVOCATION The invocation was provided by Pastor Flores. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Chief Executive Officer Enrique C. Zaldivar. ROLL CALL City Clerk Marlen Garcia performed roll call: MEMBERS PRESENT: Council Member Alejandra Avila Council Member Monica Garcia was absent from the meeting. Council Member Paul C. Hernandez Mayor Pro Tern Daniel Damian Mayor Emmanuel J. Estrada REPORT ON CLOSED SESSION City Attorney Robert N. Tafoya announced no reportable action was taken. 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. Council member Hernandez closed on behalf of Ventura County Supervisor, Carmen Ramirez. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Covid Awareness Day Proclamation Presented by the Yellow Heart Memorial Board of Directors Francoise Coulton accepted to honor survivors, to reduce gun violence. Council Member Paul C. Hernandez shared his cousin committed suicide due to the pandemic and commented on self -inflicting. Shootings are adding up and Chief is working on a buy back gun program. PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at 7:10 PM. Gabriel Montoya spoke in favor of approving the minimum wage for healthcare workers. Mr. Luna expressed being upset due to not all Council members being present and in person at each meeting. Mr. Luna spoke in opposition of raising the City's taxes. Abel spoke in regards to homeless causing trouble to people and property throughout the City. Katherine Loeser gave Council updates on the programming the library is offering. Adena Tessler spoke in opposition of approving the measure of minimum wage for healthcare workers. Mayor Estrada closed public communications at 7:27 PM. CONSENT CALENDAR All items listed under the consent calendar are considered to be routine business by the Council Members and were approved with one motion. Item No's. 6, 7, 9 and 11 were pulled from the consent calendar for separate consideration. MOTION: It was moved by Mayor Estrada, seconded by Council Member Damian, to approve the remainder of the Consent Calendar. Motion carried by unanimous consent 5/0. 1. City of Baldwin Park's Warrants and Demands The City Council approved the attached Warrants and Demands. 2. Treasurer's Report — June 2022 The City Council approved the Treasure's Reports for June 2022. 3. Claim Rejections The City Council approved claim rejections. 4. Approve Final Tract Map No. 83340 to Consolidate Three (3) Lots into one (1) Lot to Facilitate the Development of the Six -Story 59,766-square Foot General Office, Retail and Medical Office Building Including Subterranean Parking and Surface Parking The City Council approved to accepted the Final Tract map No. 83340 and authorizeed the City Clerk and staff to sign the Final Tract Map. Regular Meeting of 8/17/2022 Page 2 of 5 5. Baldwin Park Resident Owned Utility District (BPROUD) Program-2021 Power Content Label The City Council approved the attestation specified under California's Power Source Disclosure (PSD) program. Pulled for further discussion by all council members. 6. Baldwin Park Resident Owned Utility District (BPROUD) Program- Decertification, Reversion, and Decommissioning Process- Status Update Report CEO Enrique commented on outstanding payments but would be receiving funding back. The City Council approved Baldwin Park Resident Owned Utility District Program Report Motion: It was moved by Mayor Estrada, second by Council Member Avila to approve the Consent Calendar. Motion carried by unanimous consent (4/0). Pulled for further discussion by all council members. 7. Designation of Funds from the Settlement Agreement with Athens Inc./Irwindale Material Recovery Facility (MRF) CEO Enrique stated Athens gave the City $100,000 which could go toward upcoming park developments. The City Council approved the Designation of Funds from the Settlement Agreement with Athens Inc./Irwindale Material Recovery Facility (MRF). Motion: It was moved by Mayor Estrada, second by Council Member Hernandez to approve the Consent Calendar. Motion carried by unanimous consent (4/0). 8. Approval of Agreement with Dragonfly Public Affairs to Provide Consultant Services for the Development of the Sales Tax Measure Initiative — Measure BP (Proposed Letter Designation) The City Council approved the approval of Agreement with the Dragon Public Affairs to provide Consultant Services for the development of the sales tax measure initiative. Pulled for further discussion by all council members. 9. Minimum Wage for Healthcare Workers — Report Back Council Member Hernandez stated the Police Department, Fire Department and Healthcare workers provided essential services and requested an expedited cost analysis for short term and long term impacts within 2 to 3 weeks. Mayor Pro Tern Damien stated for the record the Hospital Association was asking for the fiscal analysis and should provide the City with one. Motion: It was moved by Mayor Estrada, second by Council Member Avila to approve the Consent Calendar. Motion carried by unanimous consent (4/0). Regular Meeting of 8/17/2022 Page 3 of 5 10. Adopt Resolution No. 2022-049 entitled, A Resolution of the City Council of the City of Baldwin Park Approving the Application for Grant Funds for the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy Climate Resilience Grant for NW Maine Avenue and Joanbridge Street Pocket Park The City Council approved to Adopt Resolution No. 2022-049 The City Council approved staff's recommendation to adopt Resolution No. 2022-049. Pulled for further discussion by all council members. 11. Appropriate Additional Funds for Increase to Contract Price for the Los Angeles County Department of Animal Care and Control Mayor Pro Tern Damian would like Animal Control to take calls seriously when residents call for assistance. The City Council approved additional funds for increase to contract price for the Los Angeles Country Department of Animal Care and Control. Motion: It was moved by Mayor Estrada, second by Mayor Pro Tern Damian to approve the Consent Calendar. Motion carried by unanimous consent (4/0). 12. Approval a Resolution to Adjust Salaries of the Full -Time Police Sergeant and Dispatch Supervisor Position Retroactive to July 1, 2022 in Accordance with the Baldwin Park Police Officers Association (POA) Memorandum of Understanding Approved by Council on December 15, 2021, and Update the Comprehensive City of Baldwin Park Pay Schedule in Accordance with Ca1PERS Guidelines The City Council approved staff's recommendation to approve Resolution No. 2022-050. REPORTS OF OFFICERS 13. Approval of Logo, Color Pallet and Selection of Name for Garvey Family Bridge Housing Project Councilmember Avila suggested naming the housing project Serenity, with the two tiny people along the pathway incorporated into the logo. The City Council approved the logo, color pallet and selection of name for Garvey Family Bridget Husing Project 14. Approval to Consider the Acceptance of a Service Agreement for Consultant Services by and between San Gabriel Valley Regional housing Trust and Kingdom Causes, dba City Net and the City of Baldwin Park to Operate the Garvey Family Bridge Housing Program Presentation by City Net Mayor Estrada suggested providing more resources to provide permanent housing. The City Council approved a Service Agreement between San Gabriel Valley Regional Housing Trust and Kingdom Causes, dba City Net and the City of Baldwin Park. Regular Meeting of 8/17/2022 Page 4 of 5 15. Discussion on Arguments for or Against any Ballot Measure The City Council suggested to Author measure statements in support for measure BP, CN, RM, TL. REPORTS OF OFFICER ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Estrada, seconded by Council Member Avila, to adjourn the meeting at 8:37 PM. Mayor: ATTEST: Emmanuel J. Estrada, Mayor Marlen Garcia, City Clerk /_INW-09 :11 Regular Meeting of 8/17/2022 Page 5 of 5 ITEM NO. 3 TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer By: Lourdes Morales, Chief Deputy City Clerk DATE: September 7, 2022 SUBJECT: Adoption of a Resolution to Continue Conducting City Council/Commission/ Board Meetings Remotely in Accordance with the Brown Act Executive Order and AB 361 SUMMARY Governor Gavin Newson signed Executive Order N-15-21 clarifying that cities may continue to meet remotely in accordance with procedures established by prior Executive Orders. On September 16t" Governor Newsom signed AB361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Brown Act Orders. This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state of local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency. Staff will continue in -person meetings with a virtual hybrid component under this new order. RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 2022-051 to continue conducting City Council/Commission/Board Meetings remotely in accordance with the Brown Act executive orders and AB 361 (covering meetings held from September 7, 2022 through October 7, 2022) and re-evaluate the state of emergency every 30 days to make findings under the bill's teleconferencing exemptions. FISCAL IMPACT Not Applicable BACKGROUND On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act. As various variants have surged in California, the legislature has taken action to extend the COVID-19 exceptions to the Brown Acts' teleconference requirements, subject to some additional safeguards. AB 361 allows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances: • The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. • The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. A local agency that holds a meeting under these circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown act. These additional requirements are intended to protect the public's right to participate in the meetings of local agency legislative bodies. Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act: • Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act's other teleconferencing provisions. • In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment. • Identify and include in the agenda an opportunity for all persons to attend via a call -in or an internet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments. • Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public. • Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call -in or internet-based service option or is within the local agency's control and prevents the public from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act's existing challenge provisions). • Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time. • Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment. • If the legislative body uses a third -party website or platform to host the teleconference, and the third -party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed. AB 361 also provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill's exemption to the Brown Act teleconferencing rules: The legislative body has reconsidered the circumstances of the emergency; and Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures. The goal of AB 361 is "to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options" consistent with Executive Order N-29-20. The bill contains an urgency clause which became effective upon signing with a sunset of January 1, 2024. ALTERNATIVES Not Applicable LEGAL REVIEW This report has been reviewed by the City Attorney. ATTACHMENTS 1. Resolution no. 2022-051 2. AB 361 RESOLUTION NO. 2022-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT TELECONFERENCE ACCESSIBILITY FOR CONDUCTING PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease 2019 (COVID-19); and WHEREAS, OM March 12, 2020, the City Council adopted an Emergency order proclaiming a local emergency as defined, due to the threat of the existence and spread of COVID-19; and WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meeting accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08-21 which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and WHEREAS, AB 361 (Stats. 2021, ch. 165) imposes requirements to ensure members of the public are able to attend and participate in public meetings conducted via teleconference, including: • Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call - in option or an internet-based service option; • The legislative body shall take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored; • Prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time; • Prohibits the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and WHEREAS, the City has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B-G); and WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body shall hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees. The City Council must make these findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also make these findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducing public meetings. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as finds of the City Council. SECTION 2. The City Council hereby declares that a state of emergency as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council, City Boards Commissions and Committees, City staff and consultant to meet safely in person when a large congregation meets. SECTION 3. The State of California and the City of La Quinta continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of Riverside, as applicable, including facial coverings when required and social distancing. SECTION 4. The City Council hereby declares that, pursuant to the findings listed in this Resolution, the City Manager is authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361 (Stats. 2021, ch. 165) and Government Code § 54953, as amended thereby. SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. SECTION 6. This Resolution shall become effective immediately upon adoption. PASSED, APPROVED, and ADOPTED this 7t" day September, 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. 2022-051 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on September 7, 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 AUTHENTICATED C(?t;;J55L BV3Env 'r.LEC'IRONIC: fGAL MATERIAL Assembly Bill No. 361 CHAPTER 165 An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and, to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately. [Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021.] LEGISLATIVE COUNSEL'S DIGEST AB 361, Robert Rivas. Open meetings: state and local agencies: teleconferences. (1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public. The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void. Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances. Executive Order No. N-29-20 suspends the Ralph M. Brown Act's requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly 92 Ch. 165 — 2 — resolving requests for reasonable accommodation for individuals with disabilities, as specified. This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided. This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call -in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified. This bill would. prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures. Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person's name, or to provide other information, or to fulfill any condition precedent to the person's attendance. 92 — 3 — Ch. 165 This bill would exclude from that prohibition, a registration requirement imposed by a third -party internet website or other online platform not under the control of the legislative body. (2) Existing law, the Bagley -Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting. The Governor's Executive Order No. N-29-20 suspends the requirements of the Bagley -Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified. This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided. (3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses. The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law. This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and 92 Ch. 165 — 4 — to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location. Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided. (4) This bill would declare the Legislature's intent, consistent with the Governor's Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options. (5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last. (6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute. The people of the State of California do enact as follows: SECTION 1. Section 89305.6 is added to the Education Code, to read: 89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing 92 — 5 — Ch. 165 and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. (b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended. (2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended: (A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the legislative body at each teleconference conference location. (D) Post agendas at all teleconference locations. (E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting. (c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following: (1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following: (1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. 92 Ch. 165 — 6 — (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body's internet website. (f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed. SEC. 2. Section 11133 is added to the Government Code, to read: 11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. (b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended. (2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended: (A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the state body at each teleconference conference location. (D) Post agendas at all teleconference locations. (E) At least one member of the state body be physically present at the location specified in the notice of the meeting. (c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically 92 — 7 — Ch. 165 or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following: (1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following: (1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body's internet website. (f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed. SEC. 3. Section 54953 of the Government Code is amended to read: 92 Ch. 165 — 8 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. 92 9 — Ch. 165 (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances: (A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following: (A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 Ch. 165 —10 In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call -in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call -in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call -in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call -in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1. (E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third -party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. 92 -11— Ch. 165 (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote: (A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist: (i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. SEC. 3.1. Section 54953 of the Government Code is amended to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body 92 Ch. 165 —12 — shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 92 -13 — Ch. 165 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances: (A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following: (A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call -in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call -in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call -in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call -in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1. (E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for 92 Ch. 165 —14 — the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third -party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote: (A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist: (i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. SEC. 4. Section 54953 is added to the Government Code, to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting 92 15 — Ch. 165 of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, 92 Ch. 165 —16 — members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction ofthe authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024. SEC. 4.1. Section 54953 is added to the Government Code, to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the 92 -17 — Ch. 165 legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint 92 Ch. 165 —18 — powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024. SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative. SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor's Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic. SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 ofArticle I of the California Constitution, the Legislature makes the following findings: This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies. SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley -Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings. 92 -19 — Ch. 165 (b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public's right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: (1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member's private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public's right to access information concerning the conduct of the people's business. SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately. 0 M ITEM NO. 4 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: September 7, 2022 SUBJECT: Approval of Use Agreement No. 23-05 with the County of Los Angeles for Construction and Maintenance of the San Gabriel River Class I Commuter Bikeway for the Use of County Right -of -Way SUMMARY This report seeks City Council approval for a Maintenance Agreement allowing the City of Baldwin Park to construct a Class 1 Bikeway along the San Gabriel River from Ramona Boulevard to Walnut Creek Wash connecting to Walnut Creek Nature Park and continuing to Baldwin Park Boulevard, for the beneficial use of patrons by providing routine maintenance of the proposed commuter bikeway. RECOMMENDATION Staff recommends that the City Council approve the Use Agreement with the County of Los Angeles for the use of County right-of-way for the construction and Maintenance of the San Gabriel Commuter Bikeway and authorize the Mayor to execute the agreement. FISCAL IMPACT There is no impact to the general fund. The costs for construction of the proposed improvements are included in the approved FY 2021-2022 Capital Improvement Program (CIP 19-41). Maintenance operations costs will be absorbed by the various maintenance cost centers in future Public Works budgets through the term of the Use Agreement. BACKGROUND Los Angeles County Metropolitan Transportation Authority (LACMTA) authorized a grant to the City of Baldwin Park for the design and construction of approximately 2.5 miles of a Class I bike and pedestrian path along the San Gabriel River from Ramona Boulevard to Walnut Creek Wash connecting to Walnut Creek Nature Park and continuing on to Baldwin Park Boulevard. The proposed commuter bikeway path traverses' jurisdictional boundaries controlled by the City of Baldwin Park, Los Angeles County Flood Control District (LACFCD), the California Department of Transportation (Caltrans) and the U.S. Army Corps of Engineers. In January 2019, final design plans were submitted to Los Angeles County Flood Control District, Caltrans, and U.S. Army Corps of Engineers, among other agencies for approvals to obtain encroachment permits for the construction of the bikeway. As part of the permit conditions by the County of Los Angeles for the use of its right-of-way, a Use Agreement needs to be in place for the issuance of the encroachment permit to construct, use, and maintain the bikeway by the city. The construction of the improvements is expected to take place in Fall 2022. In June 2019, The City Council approved and executed the Use Agreement with the County of Los Angeles for Construction and Maintenance of the San Gabriel River Class 1 Commuter Bikeway for the use of county right-of-way. In June 2022, the U.S. Army Corps of Engineers approved the 408 permit that is required to construct the Bikeway along the Flood Control District Right of Way. With completion of the Army Corps permit, Los Angeles County Flood Control District required updated signatures to the Use agreement that was executed in June 2019. The new Use Agreement No. 23- 05 will supersede the previous Use Agreement No. 19-45. All Sections from Use agreement No. 19- 45 are the same in Use Agreement No. 23-45, with the exception of Section 6. On the new Use Agreement, Section 6.7 was added to clarify that the city will need to pay for any application, administrative and processing costs, required in connection with the Use Agreement and charges will be based on current applicable rates. DISCUSSION Under Use Agreement 23-05, the City of Baldwin Park agrees to take -on routine maintenance of the constructed bikeway improvements within the County's right-of-way. Maintenance activities are limited and apply only to the premises to be used for bikeway improvements constructed by the city. These include keeping, inspecting, and maintaining the bikeway premises in a safe, clean, and orderly condition. The city agrees to repair or replace damaged bikeway infrastructure, close all gates, and secure the premises from public access during non -operation hours and perform weed, litter, and pest control. The City further agrees to remove and abate graffiti within 24 hours upon notice from the County and other graffiti within 72 hours during normal operation hours. The maintenance schedule is attached to this report as Exhibit B of the Use Agreement. The term of the Use Agreement No. 23-05 is anticipated for 10-years, however, at the time of expiration, the parties, upon approval of the respective governing boards may agree to extend the term of the agreement beyond the initial term. ALTERNATIVES 1. The City Council may choose to reject the Use Agreement. This action is not recommended as rejecting the Use Agreement will delay the completion of the project and the City may risk losing grant funds. Additionally, this project has been leveraged by an Active Transportation Grant (ATP) and the city may risk losing that grant as well. Not delivering on these projects may have an adverse effect on future grant opportunities; or 2. Provide Staff with alternative direction. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Use Agreement No. 23-05 MARK PESTRELLA, Director August 22, 2022 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS "To Enrich Lives Through Effective and Caring Service" 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (626) 458-5 100 http://dpw.lacounty.gov ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 Mr. Emmanuel J. Estrada, Mayor City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 917069 Attention Mr. Sam Gutierrez Dear Mr. Estrada: IN REPLY PLEASE REFER TO FILE: SMP-6 06.031 M1922010 SAN GABRIEL RIVER PARCELS 381 AND 541 WALNUT CREEK PARCELS 73, 107, 116, 151, 152, 153, 154, 155, 156, 157, 161, 162, AND 163 ASSESSOR'S IDENTIFICATION NOS. 8550-001-902, 8550-001-907, 8564-012-901, 8564-012-920, 8564-012-908, 8564-009-908, 8564-014-905, 8564-015-900, 8559-010-900, AND 8559-013-909 USE AGREEMENT NO. 23-05 PROJECT ID NO. MPR0000946 OFFER TO RENT PROPERTY We are pleased to inform you that the subject property is available for rent. Enclosed is an original of Use Agreement No. 23-05 (UA 23-05). Please have the duly authorized representatives) sign, notarize, and return the executed original to this office along with the following: 1. A copy of the insurance policy (not a Certificate of Insurance), or those portions of the policy adequately proving the existence of the policy, meeting the following minimum requirements: A. Coverages for general liability and property damage in the amount as stated in UA 23-05. B. The County of Los Angeles and the Los Angeles County Flood Control District are named as additional insureds. C. UA 23-05, or a description of the District's property that is the basis of UA 23-05, is included as part of the insured premises. ITAN i� i�MA=4 F5F1 August 22, 2022 Page 2 Upon receipt of all the above items, we will process UA 23-05 for approval and signature. We will send a fully executed original for your use. If you have any questions or require additional information, please contact me at (626) 458-7074 or tprice .pw.lacountygov. Our office hours are Monday through Thursday from 7 a.m. to 5:45 p.m. Very truly yours, MARK PESTRELLA, PE Director of Public Works l a4'X7 1�e plzcz TAMMY PRICE, Real Property Agent II Real Estate Services Section Survey/Mapping & Property Management Division TP:mr P:\MPPLIB\ADMIN\MARIA\SMP-6 2022\OTRP\294 TP\SAN GABRIEL RIV OFFER.DOCX Enc. Use Agreement No. 23-05 San Gabriel River Commuter Bikeway Project San Gabriel River Parcels 381 and 541 Walnut Creek Parcels 73, 107, 116, 151, 152, 153, 154, 155, 156, 157, 161, 162, and 163 Right -of -Way Map Nos. 6-RW 7.1 and 20-RW 11.4d Assessor's Identification Nos. 8550-001-902, 8550-001-907, 8564-012-901, 8564-012-920, 8564-012-908, 8564-009-908, 8564-014-905, 8564-015-900, 8559-010-900, and 8559-013-909 Supervisorial District 1 USE AGREEMENT This Use Agreement is entered into by and between the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, herein referred to as "DISTRICT" and the CITY OF BALDWIN PARK hereinafter referred to as "USER" RECITALS WHEREAS, DISTRICT owns fee and easement interests to portions of San Gabriel River and Walnut Creek generally located at the confluence of Walnut Creek, in the City of Baldwin Park, State of California and, as more particularly shown on Exhibit A, attached hereto and made a part hereof (hereinafter referred to as PREMISES); WHEREAS, USER proposes to use a portion of PREMISES for public recreational purposes in connection with USER'S project known as the San Gabriel River Commuter Bikeway Project (hereinafter referred to as PROJECT); and WHEREAS, USER proposes to construct, operate, and maintain certain improvements on PREMISES in connection with PROJECT, including, but not limited to, a pedestrian and bicycle path, signage, traffic striping, and metal handrails (hereinafter referred to as IMPROVEMENTS). NOW, THEREFORE, in consideration of these recitals and the faithful performance by USER and DISTRICT of the mutual covenants herein contained for the period of time herein set forth, DISTRICT and USER hereto mutually agree as follows: '�• S SECTION 1. Authorized Use 1.1. USER is authorized and permitted to use PREMISES for the construction, operation, maintenance, and use of IMPROVEMENTS in accordance with the terms and conditions of this Use Agreement and the approved plans. USER is not permitted to dedicate or personalize any IMPROVEMENTS or place signage on PREMISES without prior written approval by DISTRICT. Any other use of PREMISES by USER is expressly prohibited. 1.2. USER acknowledges San Gabriel River and Walnut Creek are working flood protection and water conservation facilities and USER'S use of PREMISES shall be subordinate to the primary uses and purposes of PREMISES for watershed management, including flood control, water conservation, and water quality purposes by DISTRICT and others (pursuant to DISTRICT'S permission), and USER'S use of PREMISES shall at no time interfere with the use of PREMISES or the use of DISTRICT'S adjacent property and/or improvements for such purposes or activities. 1.2.1. USER acknowledges that DISTRICT performs periodic maintenance on and within San Gabriel River and Walnut Creek. DISTRICT reserves the right to temporarily restrict or prohibit public access to some or all of PREMISES, as DISTRICT determines to be reasonably necessary to perform these maintenance activities. DISTRICT shall not be responsible for providing alternative bicycle/pedestrian access to or within PREMISES during these maintenance activities. 1.3 DISTRICT reserves the right to use or allow others to use PREMISES for any and all lawful purposes in addition to flood control, water conservation, and water quality purposes, including, but not limited to, public transportation, utilities, roads, parks and recreation, and/or other related uses together with incidental rights of construction and installation of facilities, ingress and egress, operation and maintenance. The exercise of the rights reserved herein shall not be inconsistent with the USER'S use or constitute unreasonable interference. 1.4 This Use Agreement is valid only to the extent of DISTRICT'S jurisdiction. Acquisition of permits required by other affected agencies or agencies with regulatory jurisdiction over PROJECT or IMPROVEMENTS and the consent of underlying fee owner(s) other than DISTRICT (hereinafter collectively referred to as THIRD -PARTY APPROVALS), if any, and is the responsibility of USER. USER shall be responsible for all costs associated with obtaining and complying with the requirements and conditions of all THIRD -PARTY APPROVALS, including, by way of example, permit fees and compensatory mitigation expenses. USER shall provide DISTRICT copies of all THIRD -PARTY APPROVALS. '�• S SECTION 2. Construction and Maintenance of IMPROVEMENTS 2.1. USER understands and acknowledges that it is required to comply with the requirements set forth in the California Environmental Quality Act (CEQA) and the State CEQA guidelines, the National Environmental Policy Act (NEPA) and any applicable NEPA regulations of any federal agency with regulatory jurisdiction over PROJECT or IMPROVEMENTS prior to implementing IMPROVEMENTS and that USER shall be the lead agency with respect to any and all CEQA compliance related to IMPROVEMENTS. In addition to its other indemnification obligations as specified below, USER hereby agrees to indemnify, defend, and hold harmless DISTRICT and the County of Los Angeles and their elected and appointed officers, employees, and agents from and against any and all claims and/or actions related to IMPROVEMENTS that may be asserted by any third party or public agency alleging violations of CEQA or the CEQA Guidelines or the NEPA. 2.2. USER shall bear all costs in connection with the construction of IMPROVEMENTS, including preparation of plans and specifications and all construction costs and expenses. 2.3. Prior to commencement of any construction activity on PREMISES by or on behalf of USER, USER shall submit the plans and specification for IMPROVEMENTS, and shall apply for and obtain a permit from Los Angeles County Public Works, Land Development Division, Encroachment Permits and Inspections Section. USER shall also obtain DISTRICT'S prior written approval should USER propose to make any changes to the approved plans and specifications. DISTRICT shall have the right to refuse to issue a permit to USER if PROJECT or IMPROVEMENTS or any condition of any THIRD -PARTY APPROVAL impose additional regulatory requirements or impediments on the primary uses and purposes of PREMISES for watershed management, including flood control, water conservation, and water quality purposes, by DISTRICT and others (pursuant to DISTRICT'S permission). 2.4. Upon completion of the construction of IMPROVEMENTS, USER shall provide DISTRICT with approved as -built plans. 2.5. USER shall keep, inspect, and maintain PREMISES and IMPROVEMENTS in a safe, clean, and orderly condition at all times during the term of this Use Agreement. USER shall adhere to the minimum maintenance standards as described in Exhibit B, attached hereto and made a part hereof, during the term of this Use Agreement and shall not permit trash and debris, including, but not limited to, rubbish, tin cans, bottles, and garbage to accumulate at any time, nor shall USER commit, suffer, or permit any waste on PREMISES or IMPROVEMENTS or permit any acts to be done in violation of any laws or ordinances thereon. Page 3 of 18 2.6 USER shall comply with the "Los Angeles County Flood Control District Addressing Homeless Encampments within LACFCD Right of Way policy" and assume the Public Works' responsibilities, as described in Exhibit C, at USER'S cost, with respect to all portions of PREMISES occupied by IMPROVEMENTS. 2.7. USER shall remove graffiti from PREMISES and IMPROVEMENTS and any walls, fences, and signs, that are located within PREMISES anytime graffiti is discovered by USER or anytime USER is notified by DISTRICT. Graffiti must be removed within the following guidelines: 2.7.1 Remove vulgar graffiti (i.e., profane, obscene, or racist) within 24 hours, Monday through Friday. 2.7.2 Remove other graffiti within 72 hours, Monday through Friday. 2.8. USER shall replace or repair any property of DISTRICT that becomes damaged by USER or any person entering PREMISES at USER'S invitation or consent of, either expressed or implied, within a reasonable time to the satisfaction of DISTRICT or USER shall compensate DISTRICT for the damage within thirty (30) days of the USER'S receipt of an invoice from DISTRICT. 2.9. USER shall close all gates and take all actions necessary to render PREMISES inaccessible to public access in the event USER abandons its operation and maintenance of IMPROVEMENTS or when the weather forecast for the next 24-hour period is for one (1) inch of rain or more, or when notified by the DISTRICT. SECTION 3. Term 3.1. The term of this Use Agreement shall be for ten (10) years (hereinafter referred to as Initial Term), commencing upon execution by DISTRICT subject to DISTRICT'S right to terminate USER'S use as provided for in Section 4 below. 3.2. This Use Agreement shall expire at the end of the Initial Term provided, however, that DISTRICT may extend the term of this Use Agreement beyond the Initial Term, subject to such terms and conditions as it deems appropriate, upon receipt of a written request from USER no earlier than twelve (12) months or later than six (6) months prior to the end of the Initial Term. '�• S SECTION 4. Termination of Use 4.1. DISTRICT shall have the right to cancel this Use Agreement and terminate USER'S use of PREMISES by giving USER at least ninety (90) days' prior written notice under the following conditions: 4.1.1. DISTRICT proposes to implement a project on, or including, PREMISES for watershed management purposes including flood control, water conservation, and water quality; 4.1.2. DISTRICT determines, in good faith, that IMPROVEMENTS and/or USER'S use of PREMISES, or any of them, would be substantially incompatible with the proposed project; and 4.1.3. DISTRICT has notified USER of the basis for DISTRICT'S determination that a substantial incompatibility will exist and has provided USER with a reasonable opportunity to propose modifications to IMPROVEMENTS or USER'S use of PREMISES that will eliminate the incompatibility. 4.2. DISTRICT shall have the right to cancel this Use Agreement and terminate USER'S use of PREMISES by giving USER at least sixty (60) days' prior written notice if: (1) USER breaches any term or condition of this Use Agreement, or (2) changes in Federal, State or local laws, rules and regulations result in the presence or use of IMPROVEMENTS imposing additional regulatory burdens or impediments on the primary uses and purposes of PREMISES for watershed management, including flood control, water conservation, and water quality purposes, by DISTRICT and others (pursuant to DISTRICT'S permission). 4.3 DISTRICT shall have the right to cancel this Use Agreement and terminate USER'S use of PREMISES if construction of IMPROVEMENTS has not been completed within five (5) years from the date this Use Agreement is fully executed. 4.4. DISTRICT shall have the right to immediately cancel and terminate USER'S use of PREMISES, or, at DISTRICT'S sole discretion, to temporarily suspend such use in the event DISTRICT determines, in good faith, that it is necessary for DISTRICT to enter and take exclusive possession of PREMISES in order to respond to an emergency, as defined in Public Contract Code Section 1102. In the event of an emergency, USER shall bear any expenses associated with the cessation of such use, and shall have no rights or claims therefore against DISTRICT. Page 5 of 18 4.5. USER shall have the right to cancel and terminate its use of PREMISES, pursuant to this Use Agreement, for any reason by giving DISTRICT at least sixty (60) days' prior written notice. SECTION 5. Removal of Improvements and Restoration of Premises 5.1. Upon the expiration or sooner termination of this Use Agreement, USER shall, at its own expense, remove IMPROVEMENTS and restore PREMISES to a condition similar to or better than that which existed on the effective date of this Use Agreement, reasonable wear and tear excepted, provided, however that District, upon receipt of a written request from USER, may permit USER to leave all or portion of said IMPROVEMENT on PREMISES. 5.2 Prior to commencing the removal of IMPROVEMENTS, USER shall apply for and obtain a permit from Los Angeles County Public Works, Land Development Division, Encroachment Permits and Inspections Section. 5.3. If USER fails to remove IMPROVEMENTS and restore PREMISES within ninety (90) days of the expiration of this Use Agreement or sooner termination of USER'S use of PREMISES, pursuant to this Use Agreement, DISTRICT may remove IMPROVEMENTS. 5.4. If DISTRICT removes IMPROVEMENTS pursuant to Subsection 5.3, DISTRICT shall submit a billing invoice to USER indicating the costs and expenses incurred by DISTRICT in connection with the removal of IMPROVEMENTS and USER shall reimburse DISTRICT all such costs and expenses for removing said IMPROVEMENTS within thirty (30) days of the billing invoice. SECTION 6. Miscellaneous Terms and Conditions 6.1. Indemnification 6.1.1 In accordance with Government Code Section 895.4, DISTRICT and USER Agree to apportion responsibility and indemnification, notwithstanding any other provision of law, as follows: 6.1.1.1. USER shall indemnify, defend, and hold DISTRICT and the County of Los Angeles and their respective officers, employees, and agents harmless from, and against, any claims, demands, liability, damages, costs, and expenses, including, without limitation, involving bodily injury, death, or personal injury of any person or property damage of any nature whatsoever, arising from, or related to, the construction, reconstruction, maintenance, operation, use or removal of IMPROVEMENTS or USER'S breach of any term of this Use Agreement, except to the extent caused by the willful misconduct of DISTRICT. 6.1.1.2. DISTRICT shall indemnify, defend, and hold USER and its officers, employees, and agents harmless from and against, any claims, demands, liability, damages, costs, and expenses, including, without limitation, involving bodily injury, death, or personal injury of any person or property damage of any nature whatsoever, arising from or related to the construction, reconstruction, maintenance, operation, or removal of any improvements by DISTRICT on, above, or under PREMISES or arising from any and all uses of PREMISES by DISTRICT, except to the extent caused by the willful misconduct of USER. 6.1.2. USER releases DISTRICT and waives all rights to damages for any loss, costs, or expenses USER may sustain as a result of any damage to, or destruction of, IMPROVEMENTS or to PREMISES attributable to DISTRICT'S watershed management activities, including any flood control, water conservation or water quality activities on, or adjacent to, PREMISES, or attributable to any flooding caused by inadequacy or failure of DISTRICT'S facilities, except to the extent caused by DISTRICT'S willful misconduct. 6.1.3. Each party to this Use Agreement shall include the other within the protection of any indemnification clause contained in any ancillary contract relating to PREMISES. 6.2. Without limiting USER'S indemnification of DISTRICT, USER shall procure and maintain, in full force and effect during the term of this Use Agreement, insurance policies providing for the following insurance coverage: Commercial general liability and property damage coverage with a combined single limit liability in the amount of not less than Two Million Dollars ($2,000,000) per occurrence. Worker's Compensation coverage in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both DISTRICT and USER against any loss, claim, or damage arising from any injuries or occupational diseases occurring to any worker employed by, or any person retained by, USER in the course of carrying out the work or services contemplated in this Use Agreement. Page 7 of 18 ■ Automobile Liability Insurance: USER shall procure such policy with coverage of not less than One Million Dollars ($1,000,000) per accident. ■ The County of Los Angeles and Los Angeles County Flood Control District, its governing board, officers, agents, contractors, and employees shall be named as Additional Insureds on all policies of liability insurance. USER shall furnish to DISTRICT a Policy of Insurance evidencing USER'S insurance coverage no later than ten (10) working days after execution of this Use Agreement, but before USER takes possession of PREMISES. Upon renewal of said policy, USER shall furnish to DISTRICT a Certificate evidencing USER'S continued insurance coverage as required herein. ■ DISTRICT may accept, should USER elect to provide, a Certificate of Self -Insurance. The limits of such self-insurance coverage shall meet or exceed those stated herein. 6.3. USER and DISTRICT shall have no financial obligation to each other under this Use Agreement, except as herein expressly provided. 6.4. The parties expressly recognize and intend that in consideration of this Use Agreement, which is solely for USER'S benefit, DISTRICT is not to incur any liability whatsoever for any injury, death, or property damage arising from any use of PREMISES or IMPROVEMENTS by persons who gain entry through openings or areas provided for USER'S use except as provided in Section 6.1.2. 6.5. DISTRICT, its Board, and any authorized officer, engineer, employee, or contractor, through its agents or representatives, shall have full right and authority to enter in and upon PREMISES at any and all reasonable times during the term of this Use Agreement, all without interference or hindrance by USER, its agents, officers, contractors, employees, or representatives for the purpose of inspecting the same and to serve or post any notice required or permitted by law for protection of any right or interest of DISTRICT. 6.6. Except as to fuels, lubricants, and products associated with motorized vehicles, equipment, gardening, or maintenance -related substances, or all of the above, USER shall not cause or allow the presence, use, storage, or disposal of any hazardous substances on or about PREMISES without the prior written consent of DISTRICT, which consent shall not be unreasonably denied. In the event of spillage, leakage, or escape of any hazardous substance onto PREMISES, USER shall immediately notify DISTRICT by calling (800) 675-4357. If the spillage, leakage, or escape was caused by USER, USER shall promptly remove any such substance from '�• PREMISES to DISTRICT'S satisfaction. In addition to removing any of USER'S hazardous substances, USER shall be liable for and reimburse DISTRICT for any and all cost and expenses that DISTRICT may incur or suffer as a result thereof. Such responsibility shall include cost or expenses as DISTRICT may incur by reason of Federal, State, local, or other authoritative agency's laws and regulations. Notwithstanding the foregoing, USER shall have no responsibility regarding any spillage, leakage or escape associated with any of DISTRICT'S tenants, licensees, or easement holders. 6.7. USER shall also pay any application, administrative and processing costs, required in connection with this Use Agreement. The charges will be based on the then -current applicable rates. 6.8. Any notice to be given or document to be delivered by DISTRICT or USER to the other party may be delivered in person to either party or by private courier or may be deposited in the United States mail, duly registered or certified, with postage prepaid and addressed to the party for whom intended as follows: To DISTRICT: Los Angeles County Flood Control District Survey/Mapping & Property Management Division P.O. Box 1460 900 South Fremont Avenue, 10th Floor Alhambra, CA 91802-1460 Telephone: (626) 458-7023 or (626) 458-7072 Fax: (626) 979-5322 For emergencies, contact (626) 458-HELP (4357) To USER: Mr. Emmanuel J. Estrada, Mayor City of Baldwin Park Attention Mr. Sam Gutierrez, Director of Public Works 14403 East Pacific Avenue Baldwin Park, CA 91706 Telephone: (626) 960-4011 Ext. 460 Fax: (626) 962-2625 '�• S This Use Agreement has been executed on behalf of DISTRICT and USER by and through their respective duly authorized representatives, on the day of 2022. mmi LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic MARK PESTRELLA, PE Director of Public Works Greg Even Assistant Deputy Director Date 30-� By Emmanuel J. Estrada, Mayor City of Baldwin Park Date APPROVED AS TO FORM: By Robert M. Tafoya City Attorney Date This Use Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument. DISTRICT and USER hereby agree to regard facsimile/electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on this Use Agreement and on any addenda or amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been affixed to this Use Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (non-facsimile/electronic) transmission of "original" versions of such documents. Further, DISTRICT and USER: (i) agree that an electronic signature of any party may be used to authenticate this Use Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknowledge that if an electronic signature is used, the other party will rely on such signature as binding the party using such signature; and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature. EXHIBIT A (Map of Premises) 57.1' ®..� �58852.7 PREMISES L� 33 FROM RB' FADE S^ �, 4 , .. ,,ma S._. AN GABRIEL RIVER Lu w ±360, 1i'=-12' BIKE CE R/W PATH z _ 51.9' S3 0' S1:8` PREMISES 413 6' 4& w > w m> .. x . w 11'-12' BIKE �� SAN GABRIEL RIVER 11'-12' BIKE w PATH PATH a 47.i PREMISES 4&.5' 459 54.0' PREMISES 53.4' u� uJ W Z J z FW ¢ . 11-12'..B1K w SAN GABRIEL RIVER PATH SAN GABRIEL RIVER 11'-12' BIKE m w U) PATH PREMISES, 4i,2' tT Lu �= --- ti 3 y SEE lE" 18 3 PREMISES � ¢ 11'-12BIKE �s� : ; • . �z w ' w PATH 12' BIKE SAN GABRIEL RIVER PATH WALNUT CREEK hNASF# LEGEND: USE AGREEMENT PREMISES AND PROPOSED BIKE PATH:: 0 100 200 400 1462,673 SO. FT/ 3.73 ACRES LACFCD RIGHT—OF—WAY (R/N)fPREMISES SCALE: 1 inch - 200 it, u'RA'TRUCrURE Project No:: EN GyINEERS 45 b r SAf GABRIEL RIVER COIv MUTER BIKEWAYY PROJECT 2017-0249 ui a Q 09 sheet 2 of 3 _� �. 4r�e. crov �.unrnr rlarca. ,e Page 13 of 18 EXHIBIT A PREMISES T :3 ul m T Lu 12' BIKE PATH 12' BIKE PATH WALNUT CREEK WASH 777, Lu Lu 1111,-112 K PATH PREMISES ul Lu LO ll'-12' BIKE] WALNUT CREEK PATH T IPREMISESS -IJ LL -- -1 1 12' BIKEJ PATH J WALNUT CREEK WASH r PREMISES /, 21.4" WALNUT CREEK WASH PATH 11'-12' BIKE PATH I I LEGEND: USE AGREEMENT PREMISES AND PROPOSED BIKE PATH: 0 100 200 400 162,673 SO. FT/ 3.73 ACRES LACFCD RIGHT—OF—WAY (R/W)/PREMISES SCALE: 1 inch 200 ft. NFRASTRUCrURE Project No.: ENGINEERS 4 N, SAN GABRIEL RIVER COMMUTER BIKEWAY PROJECT 2017-0209 ul ui Sheet 3 of 3 :4 EXHIBIT B SCOPE OF WORK: LANDSCAPE MAINTENANCE Action Description Frequency Tree Trimming Remove dead, deceased, insect -infested and As needed damaged branches and limbs Prune Elm, Eucalyptus, and Pepper trees Every two 2 ears Prune all other trees Every three 3 ears Dispose of all trees downed by natural or As needed unnatural causes Tree Staking Install stakes when tree is damaged, requires As needed support, or is less than three (3) inches in diameter Check ties, and stakes Once 1 a month Shrubbery/ Shrubs and vines shall be trimmed to restrict As needed Vines growth onto the adjacent roads, driveways, and Trimming walkways Shrubs should be trimmed to not grow taller than Once (1) a year, in March 4 feet, and no shorter than 31/2 feet Trimming should look natural— no shearing Remove dead or diseased plant materials As needed Ground Cover Keep ground covers adjacent to roadways away Twice (2) a year, in March Trimming and from paved surfaces and September Care Edges should look natural — no shearing Ornamental Trim vines and ornamental grass in an artisan- Once (1) a year, in Grass like manner —no scalping September. Trimming Ornamental grass and vines along bicycle trails Twice (2) a year, in March and September Weed Control Keep landscaped areas free of weeds Once 1 a week Remove all weeds from walkways, drainage Once (1) a week areas, and cracks in all hard surface areas Litter Control Remove litter and accumulated debris from Once (1) a week landscaped areas Empty and clean trash cans/receptacles Once 1 a week Replace pet litter bags Once 1 a week DO NOT handle hazardous waste materials except as necessary to comply with Section 2.6 of the Use Agreement. Watering and Operation of automatic irrigation controllers in a Irrigation way to not cause excessive wetness System Inspect and maintain irrigation system As needed Rodent Control Maintain all areas free of rodents, in compliance As needed with Federal, State and local laws —to be completed by California Certified Applicator Page 15 of 18 1. Proactively identify and assess homeless encampments by responding to reports of encampments by the public, and routinely patrolling and inspecting LACFCD infrastructure and right of way, a. Coordinate with public agencies and service providers to ensure all homeless living within LACFCD right of way are offered support services prior to encampments being removed. b. Provide adequate notice before removing any encampment or possessions. c. Provide storage of salvaged personal possessions along with notice of when and where the items can be retrieved. d. Accelerate removal procedures if inclement weather is eminent to ensure safely for individuals encamped in unsafe locations. e. Revise the Process for Addressing Homeless Encampments within LACFCD Right of Way in cooperation with the Chief Executive Office� law enforcement agencies, and other partners as appropriate to reflect current County practices� 3. Continue to provide support and cooperate with the Chief Executive Office, Department of Public Health, and other agencies and organizations for the deployment, security, and maintenance of Public Hygiene Facilities at locations w ithin LACFCD right of way1 1 4. Continue to coordinate with other agencies and adjacent property owners in the vicinity of campment cl-an up efforts to increase effectiveness. Approved by WICw\/ 4 Angela . Geo ge-Moc*, DeiR-Uty Dir&tor Date DBS:yg PAwrnpub'Secretaria12018 DmumentsWemoMddressing HomelessnesslHomelessPolicy,doc\C09432 • ° • • Ist W R r • i+ •.. ll NO' - y ! a. i i i. a:.. . • i r: ! :.:. ," . la. way� The following process ensures all individuals are treated with dignity and respect: For a Unincorporated Communities and cities where the County Sherlff is the contracted law enforcement agency; DPW will Contact LA Homeless Services Authority (LAH8A), LA Sheriff Department (LASD), and the County Chief Executive Office (CEO) Homeless Service Unit, The CEO will coordinate outreach efforts according to the County's flomeless Encampment Procedure. Other organizations, such as People Assisting the Homeless (PATH) i St. Josephbe notified as applicable. Page 17 of 18 • If encampments are physically interfering with planned operations or maintenance DPW will requestthe CEO/LAHSA/ofher serviceprovider expedite the outreach effort, • If inclement Weather is imminent which creates an unsafe condition, outreach efforts-f to be suspended and cleanup efforts. possible f• notification f the CEO/LAHSA/other serviceprovider. • Encampments f are re-occupled by - same persons days after clean-up effort,be cleaned after posting with a 4f f includes contactof' • other _ provider. • If there is expected media or i i f DPW will contactthe DPW Publicf> f,, Officer and include them in any email correspondenceregarding cleanup.the For encampments of four or fewer cooperative individuals, DPW staff may consider and outreach effortsconducted, .s f f a f. ,.fA ffim Ila am 1MMf•. ACKNOWLEDGMENT FORM A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, Notary Public, (insert name of the officer) (insert title of the officer) personally appeared (insert name(s) and title(s)) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) NOTARIES: ATTACH ADDITIONAL OR OTHER FORMS, IF REQUIRED ACKNOWLEDGMENT FORM (FOR COUNTY USE ONLY) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validitv of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On , before me, Deputy County Clerk of the County of Los Angeles, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. By Deputy County Clerk of the County of Los Angeles (Seal) ITEM NO. 5 ST TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: September 7, 2022 SUBJECT: Approve Memorandum of Understanding with the Los Angeles County Metropolitan Transportation Authority (LACMTA) to Receive National Transit Database Reporting Funds for Transit Services for Year 2020 SUMMARY This report seeks Council consideration for the approval of a Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Authority (LACMTA) in order for the City of Baldwin Park to receive Proposition "A" Discretionary Incentive funds in the amount of $197,928.00 for reporting year 2020 for participating in MTA's National Transit Database (NTD) reporting of Baldwin Park's Transit Services to the Federal Transit Authority (FTA). RECOMMENDATION Staff recommends that the City Council approve the attached Memorandum of Understanding (MOU) with the Los Angeles County MTA and authorize the Mayor to execute said agreements. FISCAL IMPACT There is no impact to the General Fund. The City will receive a total amount of $197,928.00 from MTA as Proposition "A" Discretionary revenue. These restricted funds are used to offset the costs of operating the City's Transit Services Program. BACKGROUND The City of Baldwin Park voluntarily reports annual city transit program ridership and service miles statistics to MTA. The data includes annual costs, revenue, number of passengers, and services provided through the Baldwin Park Transit Program. MTA's collected data from each operator generates additional Federal Section 5307 capital funds to the County of Los Angeles regionally. On June 24, 2021, LACMTA approved the Fiscal Year 2021-22 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY 2019-20. The city has voluntarily submitted NTD data to LACMTA, for Fiscal Years 2019-20 which successfully met all NTD and Federal Transit Administration (FTA) requirements including an audit with no findings. DISCUSSION The City of Baldwin Park receives funds for its NTD reporting based on the same formula that the FTA uses to reimburse LACMTA. The Federal process for reviewing the data creates a two-year lag between data submittal and fund disbursements. This year the city received an MOU for reporting year 2020. The NTD Funds will be applied as revenue in FY2022-23. LEGAL REVIEW None required. ATTACHMENTS 1. MTA MOU (MOUPAIBALP22000) MOU PAI BALP22000 PROPOSITION A DISCRETIONARY INCENTIVE GRANT PROGRAM MEMORANDUM OF UNDERSTANDING FOR COLLECTING AND REPORTING DATA FOR THE NATIONAL TRANSIT DATABASE FOR REPORT YEAR 2020 This Memorandum of Understanding (MOU) is entered into as of May 1, 2022 by and between Los Angeles County Metropolitan Transportation Authority ("LACMTA") and the City of Baldwin Park (the "City"). WHEREAS, on November 14, 1980, the voters of the County of Los Angeles approved by majority vote Proposition A, an ordinance establishing a one-half percent sales tax for public transit purposes; and WHEREAS, at its September 26, 2001 meeting, the LACMTA authorized payment of Proposition A Discretionary Incentive funds to each participating agency in an amount equal to the Federal funds generated for the region by each agency's reported data; and WHEREAS, at its June 24, 2021 meeting, LACMTA approved the Fiscal Year FY 2021-22 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY 2019-20; and WHEREAS, the City has voluntarily submitted their FY2019-20 data to the National Transit Database (NTD) and have successfully met all NTD and Federal Transit Administration (FTA) requirements in order to generate Federal 5307 funds for the Los Angeles County region; and WHEREAS, the City has requested funds under the Proposition A Discretionary Incentive Program for collecting and reporting data for the NTD from the FY 2019-20 Report Year (the "Project"); and WHEREAS, on March 15, 2022, the Federal Transit Administration (FTA) published in the Federal Register the FY 2021-22 Apportionments, Allocations, and Program Information including unit values for the data reported to the NTD; and WHEREAS, the parties desire to agree on the terms and conditions for payment for the Project. NOW, THEREFORE, LACMTA and the City hereby agree to the following terms and procedures: ARTICLE 1. TERM 1.0 This Memorandum of Understanding ("MOU") will be in effect from May 1, 2022, through June 30, 2025 at which time all unused funds shall lapse. ARTICLE 2. STANDARDS 2.0 To receive payment for the submittal of the FY 2019-20 NTD statistics, the City warrants that it: A. Adhered to the Federal Guidelines for collecting and Reporting NTD statistics including all audit requirements; B. Prepared and submitted the FY 2019-20 ANNUAL NTD REPORT of the City's fixed -route and/or demand response transit service to the LACMTA on or before October 31, 2020; ARTICLE 3. PAYMENT OF FUNDS TO CITY 3.0 LACMTA shall pay the City for collecting and reporting FY 2019-20 NTD statistics. LACMTA shall pay the City for submitting the FY 2019-20 ANNUAL NTD REPORT for the applicable transit services as follows: MOTOR BUS SERVICE For City's motor bus service, LACMTA shall pay an amount equal to the 208,342 revenue vehicle miles reported by the City multiplied by the FTA unit value of 0.55708563998307614 per revenue vehicle mile. See Attachment A for detail. DIAL -A -RIDE SERVICE For City's dial -a -ride service, LACMTA shall pay an amount equal to the 28,492 revenue vehicle miles reported by the City multiplied by the FTA unit value of 0.55708563998307614 per revenue vehicle mile. See Attachment A for detail. CRRSAA ACT EQUIVALENT SUPPLEMENTAL FUNDING LACMTA shall pay up to $65,991 in CRRSAA Act equivalent Program Funds to support transit programs that are impacted by the COVID-19 pandemic. 3.1 The City shall submit one invoice to LACMTA prior to June 30, 2025, in the amount of $1.97,928 to receive its payment described above. 3.2 INVOICE BY CITY: Send invoice with supporting documentation to: Los Angeles County Metropolitan Transportation Authority Accounts Payable P. O. Box 512296 Los Angeles, CA 90051-0296 accountspayable@metro.net Re: LACMTA MOU# MOUPAIBALP22000 M.S. Chelsea Meister (99-4-3) ARTICLE 4. CONDITIONS 4.0 The City agrees to comply with all requirements specified by the FTA guidelines for reporting NTD statistics. 4.1 The City understands and agrees that LACMTA shall have no liability in connection with the City's use of the funds. The City shall indemnify, defend, and hold harmless LACMTA and its officers, agents, and employees from and against any and all liability and expenses including defense costs and legal fees and claims for damages of any nature whatsoever, arising out of any act or omission of the City, its officers, agents, employees, and subcontractors in performing the services under this MOU. 4.2 The City is not a contractor, agent or employee of LACMTA. The City shall not represent itself as a contractor, agent or employee of LACMTA and shall have no power to bind LACMTA in contract or otherwise. 4.3 The City agrees that expenditure of the Proposition A Discretionary Incentive funds will be used for projects that meet the eligibility, administrative, audit and lapsing requirements of the Proposition A and Proposition C Local Return guidelines most recently adopted by the LACMTA Board. 4.4 These expenditures will be subject to AUDIT as part of LACMTA's annual Consolidated Audit. 5.0 LACMTA reserves the right to terminate this MOU and withhold or recoup funds if it determines that the City has not met the requirements specified by the FTA for collecting and submitting NTD statistics through LACMTA. ARTICLE 6. MISCELLANEOUS 6.0 This MOU constitutes the entire understanding between the parties, with respect to the subject matter herein. 6.1 The MOU shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original MOU or the same level of authority. ARTICLE 7. CONTACT INFORMATION 7.0 LACMTA's Address: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012 Attention: Chelsea Meister (99-21-3) 7.1 City's Address: Baldwin Park 14403 E. Pacific Ave. Baldwin Park,CA 91706 Attn: David Lopez dlopez@baldwinpark. com IN WITNESS WHEREOF, the City and LACMTA have caused this MOU to be executed by their duly authorized representatives on the date noted below: CITY: City of Baldwin Park Los Angeles County Metropolitan Transportation Authority By: STEPHANIE N. WIGGINS Mayor/City Manager Chief Executive Officer Date: Date: APPROVED AS TO FORM: Legal Counsel Date: APPROVED AS TO FORM: DAWYN R. HARRISON Acting County Counsel By: Deputy Date: ATTACHMENT A LACMTA Voluntary NTD Reporting Program for FY20 Using FY22 FTA Formula Programs Apportionment Data Values Nmt3etf Tier 11 twftRSAA Total 'vehicles in:, T©w vehicle Allocation (}Dit6 to Jurisdiction: NIpDE opera#ion ftVenue Milos fresrn Ui M:" `Detluctl6h Amount' Jurisdiction Alhambra MB 8 "", 102,410 57;051.14' 77,146= 134,197 Alhambra DR 7 "". 167,428 83,271;73 93,272 Artesia DR (DT) 5 9,694 5,400.39 3,574 8,975 Azusa DR 6 71,068 " . " " 89,590796 ' 26,792 ' 66,383 Baldwin Park MB 6 208,342 116,064.34 65,991 182,055 Baldwin Park DR 2 28,492 15,872.48" F 15,872 Bell MB 1 "" 32,826, 18,2W8§ 15,889 ' 34,176 Bell DR 9 "" 21,572 ": "12,017.45 12,017 Bellflower MB 2 71",226 39,678.98 ; 27,429, 67,108 Bellflower DR 2 " 19,908""11,090:46; 11,090 Bell Gardens MB 3 98,337" ._ 54,782,13 ; 42,177", 96,960 Bell Gardens DR 3 30,829 17,174.39 �" 17,174 Burbank MB 14 287,907. 160,388:86 (23,294) 75,421' 212,516 Calabasas MB 11 88;572 49,342,19 36,6$0 86,022 Calabasas DR 1 15,460 8,612.54 ' 8,613 Carson MB 7 " " 253,900 141,444.04, ! 125,200" 266,644 Carson DT 8 75,497 42,058.28 42,058 Cerritos MB 5 156,059 "" 86,938.23 " 68,089 ', 155,028 Cerritos DR 10 ", 54,146 30,163.96 30,164 Compton MB 5 "" 149,036 03„025,82 ' 37,048- 120,074 Compton DR 2 4,257" 2,71.51" 2,372 Covina DR 4 54,151 30166.74 " 17„438 47,605 Cudahy MB 1 34,280" 19,096.90 15,794 34,891 Cudahy DR 5 20,940 11,665.37 "� 11,665 Downey MB 7 102,330;," ' " "57,006.57 ' S7,208 114,214 Downey DR 16 59,646- '33,227.93" 33,228 Duarte MB 2 DID NOT REPOT t F 17,940 - EI Monte MB 7 216,827 120,791.21 ! 86,682 207,473 El Monte DR 6 66,759" Glendora MB 3 67,049', 37,35Z04 52,810': 90,162 Glendora DR 10 '71,60 39,753.63 39,754 Huntington Park MB 5 157,801 87,908.67 ' 61,507 . 149,415 Huntington Park DT 13 76,022" 39„0Q&26"�� 39,008 LACDPWAvocado MB 1 " 38,404 21;394.32 , 111;165 32,549 LACDPWELA MB 6 244,735 ; 136,338.36;' 91,280 ` 227,619 LACDPWELA DR 7 49,933." 27,816M F 27,817 LACDPWEast Valinda MB 1 44,216 24,632.10 , 12,553, 37,185 LACDPWKing Medical MB 1 34,252 19,081.30 10,062 29,143 LACDPWWillowbrook Shuttle MB 2 79,283 44,167,42 23,433"' 67,600 LACDPWS.Whittier MB 4 218,068 1 1 „449.13 ' S8,266 ' 179,715 LACDPWAthens MB 1 36,686 " . '" 20,437.24 10;505, 30,942 LACDPWLennox MB 31,213, "" " 17,388.E "-8,230 25,619 LACDPWFloranceFirestone MB 2 58,784" ". 32,747.72 ' 13,772," 46,520 Lakewood DR 12 """ 61,282 " 34,13932` 17,861 51,991 Lawndale MB 2 67,033 37,343:12 22,367, 59,701 Lynwood MB 4 138,136" 76,953.58 38,805 ' 115,758 Malibu DT 9 11,141 ". 6,236.49- 4,222 10,429 ManhattanBeach DR 4 34,824, 19,399:95 ' " 13,961 ' 33,361 Maywood MB 2 25,324 14;'i07.64 16„328 ' 30,436 Maywood DR 2 16,227 , 4,03§.8a " 9,040 MontereyPark MB 6 166,354 92,673.42. 69,425:' 162,098 MontereyPark DR 3 22,225 12,381:23 12,381 Pico Rivera DR 3', '4,398 7,46 .83 ', 5,909 . 13,373 Rosemead MB 2 109,666 61,993.35 50;154 111,247 Rosemead DR 3 31,691 17,664.60 17,655 Santa Fe Springs DR 2 "" 15,045 8,381.136,`: 5,719"' 14,100 South Gate MB 5 136,729 76,169.76 100;832 177,001 South Gate DT 9 152,831 86,139.96 85,140 SouthPasadena DR 5 25,672 " 14,301.50 % 10,154 24,456 WestCovina MB 4 168,146 93,671.72, 64,915 ! 158,587 WestCovina DR 4 5'1,844 28,881.56 F 28,882 West Hollywood MB 4 116;521 64,356' ,32,600 96,955 Total 306 °� A,51`23 ,<` ., 2�5& 268, (23,294) 1,603,304 4,287,719 ATTACHMENTA LACMTA Voluntary NTD Reporting Program for FY'20 Using FY'22 FTA Formula Programs Apportionment Data Unit Values Voluntary NTD Reporting-FY15, RY2013 ITEM NO. 6 STAFF REPORT LD TO: Honorable Mayor and Members of the City Council T.E FROM: Sam Gutierrez, Director of Public Works LDATE: September 7, 2022 L,LEY J„%,�`, SUBJECT: Approve Resolution No. 2022-052 "A Resolution of the City Council of the City of Baldwin Park Authorizing the Director of Public Works to Execute Program Supplement No. A072 to Administer Agency -State Agreement for State Funded Projects No. HSIPL-5323(040) for the Traffic Signal Improvements at the intersection of Merced Avenue and Vineland Avenue" SUMMARY This item seeks the adoption of Resolution 2022-052, authorizing the Director of Public Works to execute the Program Supplement Agreement No. A072 to Administer Agency -State Agreement for State Funded Project No. HSIPL-5323(040), for the Traffic Signal Improvements at the intersection of Vineland Avenue and Merced Avenue. The Program Supplement Agreement will incorporate the project into the Master Agreement for administering state funded projects. RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 2022-052, entitled, "A Resolution of the City Council of the City of Baldwin Park Authorizing the Director of Public Works to Execute Program Supplement No. A072 to Administer Agency -State Agreement for State Funded Projects No. HSIPL- 5323(040) for the Traffic Signal Improvements at the intersection of Merced Avenue and Vineland Avenue." FISCAL IMPACT There is no impact to the General Fund. The execution of the Program Supplement will disburse $281,940.00 to the city (CIP Project No. 21-199, Account No. 270-50-520-58100-55002) in Highway Safety Improvement Program (HSIP) grant funds for the construction and installation of traffic signal improvements at the intersection of Vineland Avenue and Merced Avenue. BACKGROUND On September 19, 2012, the City of Baldwin Park entered into an Agency -State Agreement (known as a Master Agreement) with the State of California, Department of Transportation (Caltrans). The Master Agreement serves as the funding mechanism and administration document for state and/or federal grant -funded projects that are awarded to the city. The typical term for the Master Agreement is ten (10) years and as federal and state grants are awarded to the city, the projects are incorporated into the Master Agreement through Program Supplement Agreements (PSAs). Specific technical information regarding each individual project including a detailed cost, scope, and schedule would be contained in a PSA developed and customized for each project. On May 4, 2022, the City Council approved Resolution 2022-018, authorizing the Director of Public works to execute Master Agreement No.07-5323521 with the State of California which was set to expire on September 19, 2022. A current Master Agreement with the State of California is required to be adopted and executed in order to incorporate newly and future grant -awarded projects through PSAs. DISCUSSION On March 26, 2021, the Vineland Avenue and Merced Avenue Intersection Improvement Project, was selected and awarded through the Highway Safety Improvement Program (HSIP) Cycle 10. The traffic signal modification at Merced Avenue and Vineland Avenue project consists of modifying the north - south left -turn phasing and east -west left -turn phasing at the intersection; upgrades to traffic signal hardware, including LED signal heads, lenses, back -plates with retroreflective borders, conduit, wiring, controller and controller cabinet. Additional improvements include ADA improvements, signing and striping, and cold mill and overlay of existing asphalt pavement within project limits. On June 2, 2021, the City Council authorized the Public Works Director to execute an RFS proposal from Wildan Engineering for this project. With the design plans at 99% completion, the city plans to begin construction in the Fall 2022. In anticipation of a Fall 2022 construction schedule, the city requested an allocation of grant funds for the construction of project from the State. As a condition for the disbursement of funds, the city must execute Program Supplement Agreement No. A072 (attached), which adopts and incorporates this project into the newly approved master agreement. The Program Supplement Agreement contains specific technical information regarding the project, such as detailed cost, scope, and schedule. ALTERNATIVES 1. The City Council may choose not to adopt Resolution 2022-052 authorizing the execution of program supplement NO. A072 with the State. This action is not recommended as this will delay the work and may result in loss of funds for the project No. HSIPL-5323(040); or 2. Provide Staff with alternate direction. ENVIRONMENTAL REVIEW The subject Traffic Signal Improvements at the intersection of Vineland Avenue and Merced Avenue Project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes the repair, maintenance, and/or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. LEGAL REVIEW None Required. ATTACHMENTS 1. Resolution No. 2022-052 2. Program Supplement No. A072 RESOLUTION NO. 2022-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE PROGRAM SUPPLEMENT NO. A072 TO ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. HSIPL-5323(040) FOR THE TRAFFIC SIGNAL IMPROVEMNTS AT THE INTERSECTION OF MERCED AVENUE AND VINELAND AVENUE WHEREAS, the City of Baldwin Park is eligible to receive Federal and/or State funding for Transportation Projects; and WHEREAS, the Federal and/or State Agencies revised the programming and funding process for Transportation Projects, which are incorporated into new Master Agreements; and WHEREAS, Master Agreements, Program Supplement Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements need to be executed with Federal and State Agencies including the California Department of Transportation before such funds could be claimed; and WHEREAS, the City of Baldwin Park wishes to delegate authorization to execute these agreements and any amendments thereto to the Director of Public Works or his designee. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. All of the above recitals are all true and correct. SECTION 2. That the City of Baldwin Park agrees to comply with all conditions and requirements set forth in the Master Agreement and applicable statutes, regulations, and guidelines for all federally and/or State Funded Transportation Projects. SECTION 3. That the Mayor and City Council approved Master Agreement which is effective June 1, 2009 and all Program Supplements and any Amendments thereto, for Federally and/or State Funded Projects. SECTION 4. That the Director of Public Works or his designee be authorized to execute the Program Supplement Agreement No. A072 and any Amendments thereto for federally and/or State Funded Projects. SECTION 5. The City Clerk shall certify to the adoption of this Resolution PASSED, APPROVED, AND ADOPTED this 7 th day of September 2022. Emmanuel J. Estrada Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK 1, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2022-052 was duly adopted bythe City Council of the City of Baldwin Park at a regular meeting thereof held on September 7, 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 PROGRAM SUPPLEMENT NO. OOOOOA072 to ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS NO 07-5323521 Adv. Project ID Date: August 12, 2022 0723000014 Location: 07-LA-0-BWP Project Number: HSIPL-5323(040) E.A. Number: Locode: 5323 This Program Supplement, effective , hereby adopts and incorporates into the Administering Agency -State Agreement No. 07-5323521 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 05/19/2022 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached). The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages. PROJECT LOCATION: Intersection of Merced Ave and Vineland Ave. TYPE OF WORK: Modify signal system to provide left -turn phasing; and improve LENGTH: 0.0(MILES) signal hardware. Estimated Cost State Funds Matching Funds LOCAL OTHER STATE $281,940.00 $414,070.00 $132,130.00 $0.00 CITY OF BALDWIN PARK By Title Date Attest STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer �� Date 8/15/2022 $281,940.00 Program Supplement 07--532-A072- SERIAL Page 1 of 3 07-LA-0-BWP HSIPL-5323(040) SPECIAL COVENANTS OR REMARKS 1. A. This PROJECT has received STATE funds from Highway Safety Improvement Program (HSIP). The ADMINISTERING AGENCY agrees to administer the PROJECT in accordance with the Highway Safety Improvement Program (HSIP) Guidelines, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT. B. The STATE funds for this PROJECT may be provided under one or more phases, which are Preliminary Engineering (PE), Right -of -Way (R/W) and Construction (Con). A phase -specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the phase identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per phase. Unless otherwise determined, the effective date of the phase -specific allocation will constitute the start of reimbursable expenditures for the phase. The STATE funds available for reimbursement will be limited to the amount allocated by the STATE for the phase. C. At the time of the first fund allocation approval for the Project, this PROGRAM SUPPLEMENT, a STATE -approved Allocation Letter and STATE Finance Letter are prepared to allow reimbursement of eligible PROJECT expenditures for the phase allocated. D. STATE and ADMINISTERING AGENCY agree that any additional fund allocations made after the execution of this PROGRAM SUPPLEMENT, for the phase that has been authorized in the first fund allocation approval or for a new phase, will be encumbered on this PROJECT by use of a STATE -approved Allocation Letter and a STATE Finance Letter and are subject to the terms and conditions thereof. E. This PROJECT is subject to the delivery requirements enacted by the HSIP guidelines. The delivery requirements may be accessed at: https://dot.ca.gov/programs/local-assistance/fed- and-state-programs/highway-safety-improvement-program/delivery-requirements-status- approved-projects. F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase. G. The ADMINISTERING AGENCY shall invoice STATE for PE, R/W and CON costs no later than 180 days after the end of expenditure the phase. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor, prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and Program Supplement 07--532-A072- SERIAL Page 2 of 3 07-LA-0-BWP HSIPL-5323(040) SPECIAL COVENANTS OR REMARKS payment. H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM provisions. I. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (applicable to Federal and State Funded Projects). J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to provide the STATE, upon request, with the information related to the PROJECT for the purpose of project evaluation or other purposes. K. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the State. Any changes to the approved PROJECT scope without the prior expressed approval of the State are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement. Program Supplement 07--532-A072- SERIAL Page 3 of 3 ITEM NO. 7 TO: Honorable Mayor and Members of the City Council FROM: Ron Garcia, Community Development Director PREPARED BY: Carol Averell, Housing Manager DATE: September 7, 2022 SUBJECT: Consideration to Adopt Resolution No. 2022-053, Authorizing the City of Baldwin Park to Receive Permanent Local Housing Allocation (PLHA) Funds from the State of California Department of Housing and Community Development SUMMARY This report seeks City Council consideration authorizing the City of Baldwin Park to receive funding related to the Permanent Local Housing Allocation (PLHA) Program; and authorizing staff to update Resolution 2020-038 and submit it to the State of California Department of Housing and Community Development (HCD) to complete the Standard Agreement. RECOMMENDATION Staff recommends that the City Council authorize the city to receive PLHA funds and adopt Resolution No. 2022-053 on behalf of the City of Baldwin Park. FISCAL IMPACT Adoption of this resolution creates no fiscal impact. BACKGROUND The HCD is authorized to provide up to $195 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties. HCD issued a Notice of Funding Availability (NOFA) dated February 26, 2020 under the Permanent Local Housing Allocation (PLHA) Program and the City of Baldwin Park applied for funding in an amount up to $488,178 to administer eligible active cities under PLHA Program such as the predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live -work, rental housing that is Affordable to Extremely low - ,Very low-, Low-, or Moderate -income households and/or Affordable rental and ownership housing, including Accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AM1. The City of Baldwin Park is pursuing several affordable housing projects where PLHA funds could possibly be invested. Staff will return at a later date for the City Council to consider the funding of those projects. ALTERNATIVES The alternative is to not approve staff's recommendation to receive PLHA Program Funding. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2022-053 I:Z�•1t7Ftf•TiL�C•�'��'Y��1�•�3 City of Baldwin Park AUTHORIZING RESOLUTION The Mayor and the City Council of the City of Baldwin Park, a California Municipal Corporation ("Applicant"), hereby consents to, adopts and ratifies the following resolution: A. WHEREAS, the Department is authorized to provide up to $195 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)). B. WHEREAS, the State of California (the "State"), Department of Housing and Community Development ("Department") issued a Notice of Funding Availability ("NOFA") dated 02/26/2020 under the Permanent Local Housing Allocation (PLHA) Program; C. WHEREAS, Applicant is an eligible Local government applying for the program to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation. D. WHEREAS, the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement and other contracts between the Department and PLHA grant recipients; NOW THEREFORE BE IT RESOLVED THAT: If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department. 2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA ($488,178) in accordance with all applicable rules and laws. 3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department. 4. /fapplicable: Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), "entity" means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation. 5. /f applicable: Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest. 6. /f applicable: Pursuant to Applicant's certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements. 7. /f applicable: Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for -sale housing projects or units within for -sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C). 8. /f applicable: Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low -interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government -approved underwriting of the Project for a term of at least 55 years. 9. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SIB 2 Guidelines published by the Department. 10. Enrique C. Zaldivar, Chief Executive Officer, is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate. PASSED AND ADOPTED at a regular meeting of the City of Baldwin Park this 7th day of September, 2022 by the following vote: AYES: ABSTENTIONS: NOES: ABSENT: gnature of Approving Officer INSTRUCTION: The attesting officer cannot be the person identified in the resolution as the authorized signor CERTIFICATE OF THE ATTESTING OFFICER The undersigned, Officer hereby attest and certify that the [foregoing / attached] Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City of Baldwin Park which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof. ATTEST: Si nature of Attestin Officer ITEM NO. 8 STAFF REPORT %LLD � TO: Honorable Mayor and Members of the City Council ° .uori FROM: Manuel Carrillo Jr., Director of Recreation & Community Services ` DATE: September 7, 2022 Spas L " SUBJECT: Approval to Update Scope of Work and Accept Grant Award from ;JANN) the San Gabriel Valley Council of Governments (SGVCOG) for the Program 4: Pilot Programs/City Specific Program SUMMARY The purpose of this staff report is for City Council to consider approval to accept the SGVCOG Program 4: Pilot Programs/City-Specific Programs Grant in the amount of $50,000. FISCAL IMPACT There is no fiscal impact to the General Fund at this time. The grant funds are quarterly reimbursed for a total of $50,000. RECOMMENDATION Staff recommends that the City Council: 1. Approve to Accept the SGVCOG Program 4: Pilot Programs/City-Specific Programs Grant in the amount of $50,000; and 2. Authorize the Mayor to execute the memorandum of agreement; and 3. Authorize the Director of Recreation & Community Services to finalize all associated documents with the grant; and 4. Authorize the Director of Finance to appropriate grant funds and make necessary changes to the budget. BACKGROUND On July 13, 2021, the Los Angeles County Board of Supervisors (BOS) approved the Fiscal Year (FY) 2021-2022 Measure H Funding Recommendations. These recommendations included $15 million for the LA County Councils of Governments (COGs) for the period from January 2022 through June 2023, to be allocated to each subregion based on the 2020 point -in -time (PIT) homeless count. The FY21-22 recommendations include $5 million for LA County COGs to begin January 2022, with the remaining $10 million in funding to be included in the FY 2022- 2023 funding recommendations. Beginning in January 2022, the SGVCOG will receive approximately $1.17 million for FY 2021-2023, and a total of $3.525 million over the 18 months period from January 2022 — June 2023. The funding being made available to the San Gabriel Valley represents a significant reduction in funding from the approximately $10 million that currently available to the SGVCOG and cities in the San Gabriel Valley. To address this significant reduction in funding, SGVCOG focused on leveraging resources and maximizing efficiencies by focusing on regional programs to reduce administrative costs. These funding recommendations were presented to the Homelessness Working Group on July 15, 2021 and highlighted the requirements for cities to participate in the program. Cities were asked to submit the letter of intent by Tuesday, September 7, 2021 and a subsequent final grant applications for the interested program areas below by Monday, September 20, 2021. • Program 1: Services to Supplement Existing Programs • Program 2: Outreach and Services for Hard -to -Reach Populations • Program 3: Mobile Crisis Response Program • Program 4: Pilot Programs/City-Specific Programs The City submitted a Letter of Intent and a subsequent final grant application for Programs 1, 3 and 4 listed above as they aligned with the city's Homeless Implementation Plan efforts and strategies. The City of Baldwin Park was selected the next highest -scoring project under Program 4; Pilot Program/City Specific Programs for the pilot safe parking program the City's original request was $125,000 however it has been instructed to confirm whether the submitted project could utilize funding reduced to $50,000. As such, staff is recommending that the SGVCOG continue to work with the City to determine if $50,000 would be sufficient to support the project and provide an update to the Homelessness Committee at a future meeting. At their January 19, 2022, City Council approved a pilot six (6)-month safe parking program. The City was set to begin the city specific pilot safe parking program on June 1, 2022. However, the service provider selected was unable to meet the general insurance requirements to operate the safe parking program site and meet contract guidelines. Therefore, City staff has revamped the grant application proposal under Program 4: Pilot Programs/City-Specific Programs to include a modified scope of work approved by the San Gabriel Valley Council of Governments. The program will provide funding for direct funding interventions to support prevention, diversion, and rehousing efforts and to those who qualify. Funding interventions with clients will be initiated by a problem -solving conversation to verify and determine specific client needs that will allow the client to remain housed. In addition to financial resources, participants will also have access to emergency food, clothing, hygiene kits, and homeless service referrals to local agencies through the City Specific Access Point. The City will ensure that program clients are connected to the Coordinated Entry System (CES) and Homeless Management Information System ( MIS) so individuals and families receive connections to Union Station Homeless Services (USHS), Foothill Unity Center Inc., Family Solutions, Goodwill Inc., Esperanza Villa, Serenity Homes, and California Mental Health Connection. Eligible activities include but are not limited to the following: • Housing relocation and stabilization; • Short-term or medium -term rental assistance; • Rental application fees; • Security deposits; • Utility deposits and payments; • Moving costs; • Housing search and placement; • Housing stability case management; • Mediation; • Tenant legal services; • Auto repair, insurance, and registration; • Storage; • Credit repair. Other activities should be discussed with the SGVCOG prior to using funding. If approved by City Council, the City will execute a memorandum of agreement. ALTERNATIVES The alternative would be to not accept the SGVCOG Program 4: Pilot Programs/City-Specific Programs grant funds in the amount of $50,000. LEGAL REVIEW Approved as to form. ATTACHMENTS 1. Memorandum of Agreement MEMORANDUM OF AGREEMENT CITY HOMELESS PROGRAM MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF BAL:DWIN PARK AND THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG) This Memorandum of Agreement ("MOA") is by and between the City of Baldwin Park (City) and the San Gabriel Valley Council of Governments (SGVCOG) to be effective as of the date signed by both Parties. RF.C1TAT,C- A. 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 within the jurisdiction of its member cities and its unincorporated areas; B. The SGVCOG entered into a contract with the County of Los Angeles for the purposes of providing homeless services in support of the County's Homeless Initiative (HI) strategies to combat homelessness in the San Gabriel Valley; C. The SGVCOG allocated Measure H funding to support four programs, as approved by the SGVCOG Governing Board, to address homelessness in the San Gabriel Valley, which include services to supplement existing homelessness program, outreach and services for hard -to -reach populations, mobile crisis response program, and pilot programs; D. The City desires to implement a program that will provide prevention, diversion, and rapid rehousing funds to individuals in its community facing housing insecurity; E. The City submitted an application to SGVCOG for funding to administer the Prevention, Diversion, and Rapid Rehousing Program; F. The SGVCOG Governing Board considered and approved the City's proposed program as a pilot program to combat homelessness in the San Gabriel Valley; and G. The City and the SGVCOG desire to set forth the terms of their ongoing collaboration with respect to this effort in this .MOA. NOW, THEREFORE, the Parties agree to the following: I. TERM: The term of this MOA shall commence upon execution of the MOA by all Parties and shall continue through May 31, 2023. The term of this MOA may be extended by mutual agreement of both Parties by way of an amendment to this MOA. II. RESPONSIBILITIES OF EACH OF THE PARTIES: A. SGVCOG 1. Review submitted deliverables, reports, and invoices from the City and notify City as to any additional such documents that are required. 2. Coordinate conference calls and/or meetings with City as necessary. 1679301.1 3. Provide any updated point -of -contact described in Section III.B to serve as the SGVCOG's Project .Manager with name, title, and contact information. 4. Review and approve procurement procedures for City's use of funds. 5. Hold monthly working group meetings with City to support information sharing. 6. Review City invoicing and reporting schedules and deadlines. 7. Provide payment to the City within 30 days of approval of City's invoice. 8. Reimburse the City up to $50,000 for eligible expenses as described in Exhibit B. B. City 1. .Manage the Program, as describe in Exhibit A. 2. Submit timely deliverables, reports, and invoices, including spend down reports and appropriate backup documentation in a form reasonably approved by the SGVCOG. 3. Respond to SGVCOG requests related to the Program in a timely manner. 4. Maintain membership in the SGVCOG during the entire term of this MOA. 5. Participate in monthly homeless working group meetings. 6. Provide any updated point -of -contact described in Section IILB to serve as the City's Project Manager with name, title, and contact information. 7. Submit procurement procedures for City's use of funds under this MOA for approval by the SGVCOG. Procure and administer contracts funded by the SGVCOG in accordance with the SGVCOG-approved procurement procedures. 8. Prior to performance of any work by third -party vendors for which the City will seek reimbursement, submit the final form of contracts or purchase orders executed with third -party vendors to the SGVCOG for authorization. SGVCOG shall have no obligation to reimburse City for contracts and purchase orders that do not receive its approval prior to performance of work and SGVCOG reserves the right to not reimburse work under contracts for which the approved procurement process is not followed or have not received the SGVCOG's prior approval. 9. Submit rates for City -employed staff for SGVCOG approval prior to City staff performing work for which the City will seek reimbursement. SGVCOG reserves the right to not reimburse staff time if rates are not submitted to the SGVCOG prior to performance of the work. 10. Notify SGVCOG prior to releasing press materials related to the Program. 11. Ensure that the Program works in coordination with other existing City programs. 12. Ensure that all funding is expended by the end of the MOA term and, if not, inform the SGVCOG as soon as practicable of delays in expending funds. The SGVCOG reserves the right to retain any funds that it deems will not be spent in accordance with this MOA by the MOA deadline. 13. Reimburse the SGVCOG for expenditures that are determined to be ineligible expenses, as outlined in Section III, and/or that are not in compliance with Measure H funding requirements. 14. Return all equipment purchased using funds secured through the MOA to SGVCOG upon the expiration or earlier termination of the .MOA. City shall, at its sole expense, return the equipment in the same condition and appearance as when purchased by City (reasonable wear and tear excepted) and in good working order for the original intended purpose of the equipment. III. INELIGIBLE EXPENSES A. Work otherwise budgeted and funded by another source. 2 1679301.1 B. Work not completed during the term of the MOA, including work performed prior to the effective date of this MOA. C. Advocacy and lobbying. D. Grant preparation. E. Participation in SGVCOG and/or other regional meetings. F. Activities not defined in Exhibit A. IV. INVOICING A. City must submit invoices on a quarterly basis, no later than the IOth day of the month following the end of each quarter, in accordance with the schedule in Exhibit B. City must provide all necessary documentation, including but not limited to timesheets, invoices, and deliverables, as support for the invoice. Invoice must include all work completed during the previous quarter. City's final invoice for any eligible expenses not previously invoiced in the last quarterly invoice, shall be submitted within 30 days of the end of the MOA term. B. City must submit a quarterly report with the invoice indicating outcomes during the invoicing period. C. Any late -submitted invoices are subject to a 5% penalty for each month for which the invoice is late. If an invoice is more than 3 months late, the penalty will increase to 10% per month. Penalties will be deducted from payments made by the SGVCOG on the invoices. D. Any funds that are not expended by the end of the .MOA term and invoiced within 30 days thereof, may be retained by the SGVCOG for re -allocation to another program. V. AMENDMENTS: A. For any change which affects the scope of work, term, MOA, overall compensation, payments, or any term or condition included under this MOA, an amendment to the MOA shall be prepared and executed by the City and by the SGVCOG. B. For any change which does not materially affect the statement of work as described in Exhibit "A", the City must receive prior approval by the SGVCOG's Project Manager. 19 Z111 iris guy I_MET" 01011 WIN 10 A. For purposes of this MOA, the SGVCOG designates the following individual as its Project Manager: Victoria Urenia SGVCOG .Management Analyst San Gabriel Valley Council of Governments 1000 S. Fremont Ave, Unit 42 Bldg. A10-N, Suite 10210 Alhambra, CA 91803 626.457.1800 vurenia@sgvcog.org B. For purposes of this MOA, the City of Baldwin Park designates the following individual as its Project Manager: 3 1679301.1 Yuriko M. Ruizesparza Community Services Supervisor 4100 Baldwin Park Blvd. Baldwin Park, CA 91706 626.813.5245 Ext:268 yruizesparza@baldwinpark. com C. Additional Parties' contacts copies of notices to whom shall be sent include the following individuals: Marisa Creter Executive Director San Gabriel Valley Council of Governments 1000 S. Fremont Ave, Unit 42 Bldg. A10-N, Suite 10210 Alhambra, CA 91803 mcreter ,sgvc�g Manuel Carrillo Jr. Director of Recreation and Community Services 4100 Baldwin Park Blvd. Baldwin Park, CA 91706 mcarrilloLa)baldwinpark.com D. Either Parry may change its Project Manager or contacts upon written notice to the other Party. A. This .MOA may be terminated by either Party at any time without cause. Termination will occur 30 days after written notice is issued by a Party to the other Parry's Project Manager. The City shall stop work and not incur any additional expenses upon receipt of or issuance of such notice, except that which is reasonable and necessary to effectuate the termination. The City shall be entitled to reimbursement for eligible expenses that are reasonably and necessarily incurred up to the date that such termination is effective. B. This MOA may be terminated for cause at any time for a material default by one of the Parties upon written notice to the applicable Project Manager. In the event of termination for cause, termination will be in effect three days after deposit of the written notice in the U.S. Mail, postage pre -paid, unless otherwise stated at a later time in the written notice. A. Neither the SGVCOG, its member agencies, or their respective officers, employees, consultants or volunteers (the "SGVCOG Indemnitees), shall be responsible for any 4 1679301.1 damage or liability occurring by reason of anything done or committed to be done by the City or its respective officers, agents, employees, or volunteers under or in connection with the performance of this MOA. B. Neither the City or its respective officers, employees, consultants or volunteers (the "City Indemnitees), shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by the SGVCOG Indemnitees under or in connection with the performance of this .MOA C. The City shall indemnify, defend and hold the SGVCOG Indemnitees harmless from and against any liability, claims, losses, actions, and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of use of property, any legal fees and any claims for damages of any nature whatsoever arising out of or resulting from the City's obligations under this MOA, unless caused by the negligence or willful misconduct of the SGVCOG Indemnitees. D. The SGVCOG shall indemnify, defend and hold the City Indemnitees harmless from and against any liability, claims, losses, actions, and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of use of property, any legal fees and any claims for damages of any nature whatsoever arising out of or resulting from the SGVCOG's obligations under of this MOA, unless caused by the negligence or willful misconduct of the City Indemnitees. A. In performing this MOA, neither the City nor SGVCOG is a contractor, agent or employee of the other. Neither the City or SGVCOG shall represent themselves as contractors, agents or employees of the other Party and shall have no powers to bind the other Parry in contract or otherwise. B. This MOA, along with the applicable funding requirements of the SGVCOG's agreement with the County of Los Angeles, constitute the entire understanding between the Parties, with respect to the subject matter herein. The MOA shall not be amended except in writing signed by the Parties. C. Neither Parry hereto 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, earthquake, fires, acts of a public enemy, pandemic, 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. D. Neither Party shall assign this MOA, or any part thereof, without the prior written consent and prior approval of the other Party, nor any assignment without consent shall be void and unenforceable. 5 1679301.1 E. This Agreement shall be governed by California law and any applicable federal law. F. 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. G. The terms of this .MOA shall inure to the benefit of, and shall be binding upon, each of the Parties and their respective approved successors and assigns. In witness whereof, the Parties enter into this MOA on the date of last execution by the Parties. By: Emmanuel J. Estrada Mayor Date: Robert Tafoya City Attorney FOR THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS By: Marisa Creter Executive Director Date: "ff ' • 1 EM B re-1114 On David DeBerry General Counsel 6 1679301.1 10:4 11.3i11I:1 Scope of Work Program: Baldwin Park Prevention, Diversion & Rapid Rehousing Program Program Description City will implement a Prevention, Diversion and Rapid Rehousing Program (Program) to support clients by preventing them from falling into homelessness and/or connecting with housing as quickly as possible. Referrals could come from the City of Baldwin Park's Access Point, Esperanza Villa, outreach teams working in the City, or other locations. City will work with potential clients to verify clients and determine specific needs and, if necessary, provide financial assistance preventing clients from falling into homelessness, minimizing the amount of time in which clients are facing homelessness, and/or connecting clients with permanent housing. A key program component is evaluating the impact of the funds in helping clients obtain and/or retain housing. Through the implementation of the below -listed tasks, the City will meet the following metrics: Metrics Quarterly Total Unique clients served 8 32 % of clients served that have retained housing and/or secured housing following intervention 50% The City will work with the SGVCOG to compile additional data demographics, including unique clients served versus clients continuously served, to develop an understanding of the population accessing services in the cities. Task 1 Program will provide funding for direct funding interventions to support prevention, diversion, and rehousing efforts and to those who qualify. Funding interventions with clients will be initiated by a problem -solving conversation to verify and determine specific client needs that will allow the client to remain housed. In addition to financial resources, participants will also have access to emergency food, clothing, hygiene kits, and homeless service referrals to local agencies through the City Specific Access Point. The City will ensure that program clients are connected to the Coordinated Entry System (CES) and Homeless Management Information System (HMIS) so individuals and families receive connections to Union Station Homeless Services (USHS), Foothill Unity Center Inc., Family Solutions, Goodwill Inc., Esperanza Villa, and California Mental Health Connection. Eligible activities include but are not limited to the following: • Housing relocation and stabilization; • Short-term or medium -term rental assistance; • Rental application fees; • Security deposits; • Utility deposits and payments; • Moving costs; 7 1679301.1 • Housing search and placement; • Housing stability case management; • Mediation; • Tenant legal services; • Auto repair, insurance, and registration; • Storage; • Credit repair. Other activities should be discussed with the SGVCOG prior to using funding. Deliverables: • Quarterly report that includes a narrative on the successes and challenges of implementing the Program, demographics of clients served, services provided, outcomes towards meeting the key performance metrics as listed above, or, if the metrics are not being met, the challenges in meeting the metrics, and outcomes after intervention, in the format provided by the SGVCOG. • Client report forms, or equivalent data, in a format approved by the SGVCOG • Final report that includes a narrative on the successes and challenges of the :Program, demographics on the clients served, outcomes after intervention, and overall performance metrics, in the format provided by the SGVCOG Basis of Billing: Time and Materials The City must provide invoices and receipts for payment. 8 1679301.1 EXHIBIT B Table 1. Budget The City shall receive a maximum of $50,000 for implementation of the City's Program. Funding shall be disbursed on a reimbursement basis and in accordance with Table 1. Task Not to Exceed Amount Task 1 Prevention and Diversion $ 50,000 TOTAL $ 50,000 Reports and invoices must be submitted quarterly by the following dates: 2022 2023 October 10, 2022 Janua 10, 2023 April 10, 2023 The final report is due by June 13, 2023. 9 1679301.1 ITEM NO. 9 TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk Enrique C. Zaldivar, Chief Executive Officer/CEO DATE: September 7, 2022 SUBJECT: Approval of an Agenda Template for all Legislative Meetings SUMMARY This report seeks City Council consideration to approve a uniformed agenda template to be utilized by all authorities and commissions. RECOMMENDATION Staff recommends that the City Council select and approve one template option labeled "A", "B", or «C„ FISCAL IMPACT There is no impact to the general fund. BACKGROUND On April 6, 2022, the City Council approved an agreement with Prime Government Inc. Solutions for an Agenda Management Suite. Staff is currently in the process of creating a costumed design agendas and moving through the discovery process to move forward with the training and implementation stages. ALTERNATIVES The City Council may direct staff to bring forth other options. LEGAL REVIEW Not required. ATTACHMENTS 1. Agenda Templates A, B, C CITY COUNCIL REGULAR MEETING Agenda 00 RM Mayor Emmanuel J. Estrada Mayor Pro Tern Daniel Damian Councilmember Alejandra Avila Councilmember Monica Garcia Councilmember Paul C. Hernandez Welcome to your City Council Meeting We welcome your interest and involvement in the City's legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city's website and in the Office of the City Clerk. Please Note: Electronic devices are to be turned off while meetings are in session. How to watch The City of Baldwin Park provides two ways to watch a City Council meeting: fiiy;iii1 Most City Council meetings take place at City Hall, 14403 E. Pacific Ave., Baldwin Park, CA 91706 �' •, 1 1 ,� r 1, 1 1 i Ron Audio streaming will be available at https://www.youtube.com/channel/UCFLZO dDFRiy59rhiDZ13FW0atured?view as=subscriber http://baldwinpark.granicus.com/ViewPublisher.phpMew id=10 Individuals with disabilities may request an agenda packet in appropriate alternative formats as require by the American with Disability Act of 1990..Reasonable accommodations and auxiliary aids will be provided to effectively allow participate in the meeting. Please contact the City Clerk's Office at (626) 960-4011. 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. Speaker cards are available at the podium and by request with the City Clerk. There is a three -minute speaking time limit. 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 question asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council. Meetings to commentskbaldwinpark.com. CITY COUNCIL REGULAR MEETING Agenda January 1.0, 2022, 7:00 PM W.� Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Emmanuel J. Estrada Daniel Damian Alejandra Avila Monica Garcia Paul C. Hernandez Welcome to your City Council Meeting We welcome your interest and involvement in the City's legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city's website and in the Office of the City Clerk. Please Note: Electronic devices are to be turned off while meetings are in session. How to watch The City of Baldwin Park provides two ways to watch a City Council meeting: Most City Council meetings take place at City Hall, 14403 E. Pacific Ave., Baldwin. Park, CA 91706 Reasonable Accommodations - ---- -------- __ Audio streaming will be available at https://www.voutube.com/channellUCFLZO dDFRjy59rhiDZ13Fci/featured?view as=subscriber http://baldwinpark.granicus.comNiewPublisher.Phhp?view id=10 Individuals with disabilities may request an agenda packet in appropriate alternative formats as require by the American with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participate in the meeting. Please contact the City Clerk's Office at (626) 960-4011. 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. Speaker cards are available at the podium and by request with the City Clerk. Public Communication There is a three -minute speaking time limit. 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 question asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to commentskkbaldwinpark.com. CITY COUNCIL Mayor EmmanuelJ. Estrada REGULAR MEETING Mayor Pro Tem Daniel. Damian PRI.,ECouncilmember Alejandra Avila Agenda Councilmember Monica Garcia ?'�D JAWS January 10, 2022, 7:00 :PM Councilmember Paul C. Hernandez Welcome to your City Council Meeting We welcome your interest and involvement in the City's legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city's website and in the Office of the City Clerk. Please Note: Electronic devices are to be turned off while meetings are in session. How to watch The City of Baldwin Park provides two ways to watch a City Council meeting. In Person ]a Most City Council meetings take place at City Hall, 14403 E. Pacific Ave., Baldwin Park, CA 91706 Reasonable Accommodations Online k Audio streaming will be available at htWs://www.youtube.com/channel/UCFLZO dDFRw59rhiDZ13F9/featured?view as=subscriber http://baldwinpark.pranicus.com/ViewPublisher.php?view id=10 Individuals with disabilities may request an agenda packet in appropriate alternative formats as require by the American with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participate in the meeting. Please contact the City Clerk's Office at (626) 960-4011. 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. Speaker cards are available at the podium and by request with the City Clerk. Public Communication There is a three -minute speaking time limit. 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 question asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to commentskbaldwinpark.com. ITEM NO. 10 TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer/CEO Lourdes Morales, Chief Deputy City Clerk Robert N. Tafoya, City Attorney DATE: September 7, 2022 SUBJECT: Minimum Wage for Healthcare Workers -Economic Impact Analysis and Presentation of Ordinance SUMMARY At their meeting of August 17, 2022, the City Council considered a Staff Report where it was reported that proponent SEIU-UHW and opponent HASC were not willing to enter mutual discussions for a potential compromise which the City Council would be willing legislate into an ordinance. Council directed Staff to present the Ordinance as drafted by the proponent at the subsequent Council meeting of September 7, 2022, and to conduct an economic impact analysis related to the implementation of the ordinance, if it could be done in the two -week time period. RECOMMENDATION Staff recommends that the City Council: 1. Consider the Economic Impact Analysis as conducted and presented by the Los Angeles County Economic Development Corporation (LAEDC); and 2. Consider the Minimum Wage for Healthcare Workers Draft Ordinance as presented by proponent SEIU-UHW; and 3. Were City Council to approve the Draft Ordinance, Authorize One (1) additional Position Authority of a Management Assistant in the Community Development Department for compliance enforcement and authorize the Director of Finance to appropriate additional funding and make necessary budget amendments. FISCAL IMPACT The Economic Impact Study conducted by LAEDC analyses the related economic impacts to the local economy. The fiscal impact to the General Fund is $17,080. Contingent on City Council approval of the Ordinance, the hiring of one Management Assistant would have a total impact to the General Fund of $73,829 in direct annual salary plus estimated $49,851 in benefits including pension and insurance and related costs for a total of $123,680 annually. The total estimated impact to the General Fund is $140,760 which will result in a deficit of $66,860 from the amended FY 2022-23 budget. BACKGROUND Proponent SEIU-UHW had brought forth a citizen's ballot initiative for setting with the intent of placing it on the November 8, 2022, general election. Upon review of the initiative qualifying signatures, it was deemed insufficient by the Chief Deputy City Clerk in consultation with the County Registrar Office. Council affirmed the Certificate of Insufficiency at its meeting of July 6, 2022. At Council direction, staff invited both parties compromise. There was not enough interest discontinued any further efforts on that front. to hold exploratory discussions on a potential to pursue brokering a compromise, and Staff Both sides have been quite active in vocalizing their respective positions at several of the recent City Council meetings during the Public Comment segment of the meeting. Proponent urging the Council to enact an ordinance adopting a minimum wage for healthcare workers; opponent urging the City Council to refrain from adopting an ordinance given that the city is under no obligation to act at this point since the initiative did not qualify in Baldwin Park, and to conduct an economic impact analysis prior to taking any action. Council directed Staff to bring forth the Ordinance in the version that was presented by the proponent as part of the ballot application, and to commission an economic impact study in the most expeditious manner so it could be presented at the September 7, 2022, City Council meeting simultaneously with the ordinance. DISCUSSION Given the very compressed timeline to conduct the Economic Impact Study, Staff moved expeditiously to secure a qualified firm who could take on the assignment and who could meet the timeline of roughly two weeks. Several contacts were made to the few limited number of firms that could do this work. We appreciate The Los Angeles County Economic Development Corporation (LAEDC) for stepping up and taking on the challenge on such a short notice. LAEDC had recently completed a similar study, on a very tight timeline, for the City of Long Beach. In the interest of time, we agreed that LAEDC's study would be abbreviated and focus more on the short-term economic impacts of the Minimum Wage for Health Care Workers, and less on the long- term impacts which would require more time for analysis. Additionally, the study would contain a limited number of stakeholder interviews to allow LAEDC to focus more on the technical aspects of the study. LAEDC was kindly agreeable to get going on the study once we had the general terms agreed upon, with the understanding that the agreement instrument itself would follow shortly thereafter. The cost of the study will be $17,080, which is within the contract authority of the Chief Executive Officer. A presentation to the City Council of the findings of the study will be made by LAEDC at the Council meeting. The completed study itself will be added to the published agenda prior to the council meeting but will not be yet finalized at the time of the posting of the agenda. As instructed by the City Council, the Draft Ordinance presented herein, is the verbatim version as presented by proponent SEIU-UHW. Council can make changes to it if they so choose. If the City Council adopts an ordinance at today's meeting, it will be considered first reading and will be brought back for second reading at the next regularly scheduled City Council Meeting. If approved, the ordinance becomes effective 30 days from the approved date. Following is a recap of the status of the cities in LA County where the proponent had proposed a ballot initiative: Cities Where Initiative Qualified 1. Downey (Enacted by ordinance) 2. Duarte (November election) 3. Inglewood (November election) 4. Long Beach (enacted by ordinance) 5. Los Angeles (enacted by ordinance) 6. Monterey Park (enacted by ordinance) Cities Where Initiative did not Qualified 7. Baldwin Park (did not qualify) 8. Culver City (did not qualify) 9. Lynwood (did not qualify) ALTERNATIVES The City Council may choose to take no action on this item. LEGAL REVIEW City Attorney has reviewed this report. ATTACHMENTS 1. Draft Ordinance- Minimum Wage for Healthcare Workers in the City of Baldwin Park. 2.Economic Impact Study by The Los Angeles County Economic Development Corporation will be available for review on Wednesday, September 7, 2022. OFFICE OF THE CITY CLERK February It, 2022 Ms. Marlen Garcia, City Clerk City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, California 91706 Dear City Clerk Garcia: FEB 14 2022 RECEIVED RE: Request for Official Ballot Title and Summary/Statement of Proponent for the Healthcare Workers Minimum Wage Ordinance I, Jorge Ochoa, am a proponent of the initiative measure that is attached to this letter. Pursuant to Elections Code section 9203, I request that officials of the City of Baldwin Park, including the City Attorney, proceed with the process of preparing an Official Ballot Title and Summary with respect to the aforementioned initiative measure. I hereby appoint the attorneys of the Kaufman Legal Group, including George M. Yin and Elizabeth L. Halle; Suzanne Jimenez; and their designees to be my representatives for all purposes and communications related to this effort. Correspondences regarding initiative process may be sent to: George M. Yin Kaufman Legal Group 777 S. Figueroa Street, Suite 4050 Los Angeles, CA 90017 T: 213-452-6565 E-mail: gyin@kaufnianlegalgroup.com ACKNOWLEDGMENT (Per Elections Code § 9608) I, Jorge Ochoa, acknowledge that it is a misdemeanor under state law (Section 18650 of the Elections Code) to knowingly or willfiully allow the signatures on an initiative petition to be used for any purpose other than qualification of the proposed measure for the ballot. I certify that I will not knowingly or willfully allow the signatures for this initiative to be used for any purpose other than qualification of the measure for the ballot. Name: J r e Ochoa Addres . 13039 Amar Rd Baldwin Park, California 91706 Dated this jj day of February 2022 00387553.DOCX OFFICE OF THE CITY CLERK FEB"I 4 2022 NOTICE OF INTENT TO CIRCULATE INITIATIVE PETITION FOR THE HEALTHCARE WORKERS MINIMUM WAGE ORDINANCERECEIVED (Cal. Elect. Code § 9202) NOTICE OF INTENT TO CIRCULATE PETITION Notice is hereby given by the persons whose names appear hereon of their intention to circulate the petition within the City of Baldwin Park for the purpose of adopting an initiative that will enact provisions regarding the minimum wage for covered healthcare workers in the City. A statement of the reasons of the proposed action as contemplated in said petition is as follows (up to 500 words): The purpose of the Healthcare Workers Minimum Wage Ordinance is to establish a minimum wage for covered healthcare workers within the City of Baldwin Park. The City needs a sufficient healthcare workforce to ensure that healthcare facilities within the City offer consistent, timely, high -quality care to patients. Healthcare job vacancies are rising as workers on the front lines deal with the emotional, mental, and physical toll of providing healthcare during a pandemic, and many hospitals, health systems and clinics are understaffed. With rising housing costs, healthcare workers are being forced to live further from their places of work, increasing their stress and adding to retention challenges. Raising the minimum wage for covered healthcare workers will help address retention challenges and workforce shortages affecting healthcare facilities in Baldwin Park and will fairly compensate healthcare workers for their contributions and sacrifices. Jorge Ochoa NAME OF PROPONENT 13039 Amar Rd Baldwin Park, California 91706 PROPO NT'S ADDRESS PRO7PONCNT'S SIGNATURE Z— & z DATE 0011€103 8 7552, ❑OCX OFFICE OF THE CITY t"l.,r-',pK Ordinance No, FEB 14 2022 An ordinance proposed by initiative petition to add Chapter 128 to Title XI of the Baldwin Park Municipal Code, establishing the "Healthcare Workers Minimum Wage Ordinar rACEIVED THE PEOPLE OF THE CITY OF BALDWIN PARK DO ORDAIN AS FOLLOWS: SECTION 1. Name This measure shall be known as the "Healthcare Workers Minimum Wage Ordinance." SECTION 2. Chapter 128, entitled HEALTHCARE WORKERS MINIMUM WAGE, is added to Title XI of the Baldwin Park Municipal Code, to react: § 128.a1 FINDINGS AND PURPOSES. This Ordinance, adopted by the People of the City of Baldwin Park, makes the following findings and has the following purposes: (A) The purpose of this Ordinance is to establish a minimum wage for covered healthcare workers within the City of Baldwin Park. (B) The City of Baldwin Park needs a sufficient healthcare workforce to ensure that healthcare facilities that provide necessary care to residents and visitors offer consistent timely, high -duality care, Hospitals, health systems, and clinics are facing staffing shortages that could jeopardize the availability of care in our city. healthcare job vacancies are rising as workers on the frontlines deal with the emotional, mental, and physical fallout of providing healthcare during a pandemic, Workforce shortages across industries also mean that the healthcare industry is competing with other economic sectors to fill critical non -clinical positions such as for cleaning staff, food service workers, and IT administrators. With rising housing costs, healthcare workers are being forced to live further from their places of work, increasing their stress and leading to retention challenges. While healthcare workers are experiencing unprecedentedly difficult working conditions and burnout, the healthcare industry received billions of dollars in stimulus funds during the pandemic and many CEOs were paid compensation packages in the millions. The healthcare industry deeds to fairly compensate workers who are sacrificing every day to care for their patients, Raising the minimum wage will help address retention challenges and workforce shortages affecting healthcare facilities in Baldwin Park,and will fairly compensate healthcare workers for their contributions and sacrifices. § 128.02 DEFINITIONS. The following definitions shall apply to this chapter: CITY. The City of Baldwin Park. COVERED HEALTHCARE FACILITY. Means the following types of facilities, provided that they are privately owned and are located within the boundaries of the City: (1) A licensed general acute care hospital as defined in Section 1250(a) of the California Health and Safety Code, including a distinct part of an), such hospital. OFFICE OF THE CITY CLERK FFB4 4 2022 (2) A clinic, as defined in Section 1206(d) of the California Health and Safety Code, that is conducted, operated, or maintained as an outpatient department of a general acute care hospital or acute psychiatric hospital. RECEIVED (3) A licensed acute psychiatric hospital as defined in Section 1250(b) of the California Health and Safety Code, including a distinct part of any such hospital. (4) A licensed chronic dialysis clinic as described in Section 1204(b)(2) of the California Health and Safety Code. (5) A licensed psychiatric health facility as defined in Section 1250.2 of the California Health and Safety Code. (6) All facilities that are part of an Integrated Healthcare Delivery System, COVERED PHYSICIAN GROUP. A medical group practice, including a professional medical corporation as defined in Section 2406 of the California Business and Professions Code, another form of corporation controlled by physicians and surgeons, a medical partnership, or an independent practice association., provided that the group includes a total of 10 or more physicians. EMPLOYEE. Has the same meaning as in Section 2775 of the California Labor Code. EMPLOYER. Any Person, including a corporate officer or executive, who directly or indirectly or through any other Person, including through the services of a temporary service, staffing agency, or similar entity, employs or exercises control over the wages, hours or working conditions of any Employee. HEALTHCARE WORKER, An Employee who is employed to work at or by a Covered Healthcare Facility to provide patient care, healthcare services, or services supporting the provision of healthcare. "Healthcare Worker" includes a clinician, professional, non- professional, nurse, certified nursing assistant, aide, teelnrician, maintenance worker, janitorial or housekeeping staffperson, groundskeeper, guard, food service worker, laundry worker, pharmacist, nonmanagerial administrative worker and business office clerical worker, but does not include a manager or supervisor. A "Healthcare Worker" works at a Covered Healthcare Facility only if that individual's primary work assignment is physically located at one or more such facilities; for example, delivery workers employed principally outside a Covered Healthcare Facility are not Healthcare Workers for purposes of this chapter unless employed by such a facility. INTEGRATED HEALTHCAREDELIVERYSYSTEM. A system that includes both of the following: (A) one or more hospitals and (B) Covered Physician Groups, health care service plans, medical foundation clinics, or other facilities or entities, where the hospital or hospitals and other facilities or entities are related through: (1) ParenVsubsidiary relationships, common ownership or control, or common boards of directors and shared senior management; or (2) A contractual relationship in which affiliated Covered Physician Groups or medical foundation clinics contract with a health care service plan, hospital or other part of the system, all operating under a common trade name; or IPA OFFICE OF THE CITY CLERK FEB' ,1 4 ZOZ'Z (3) A contractual relationship in which a nonprofit health care service plan provides medical services to enrollees in a specific geographic region of the state through an a�E hospital system, and contracts with a single Covered Physician Group in each geographic region of the state to provide medical services to a majority of the plan's enrollees in that region. MINIMUM WAGE. The minimum an-iount that must be paid to Employees as compensation for their labor, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation, "Minimum Wage" does not include bonuses, shift differentials, premium pay, reimbursement or allowances for work -related equipment or other expenses, credits for mcals or lodging, tips, gratuities, or the cost of medical, dental, retirement or similar benefits. PERSON. An individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign. § 128.03 PAYMENT OF MINIMUM WAGE TO HEALTHCARE WORKERS. (A) An Employer shall ensure that each Healthcare Worker it employs, or over whom it exercises control, is paid a Minimum Wage equivalent to no less than the hourly rate set forth herein or under the authority of this chapter for hours worked within the geographic boundaries of the City, (B) The Minimum Wage for Healthcare Workers shall be as follows: (1) On the effective date of this chapter, the Minimum Wage shall be no less than $25 per hour, (2) On January 1, 2024, and arAmally thereafter, the Minimum Wage shall increase based on the annual increase in the cost of living, as measured by the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the Los Angeles metropolitan area (Los Angeles -Long Beach -Anaheim, CA), which is published by the Bureau of Labor Statistics. The City shall publish a bulletin announcing the adjusted rates, which shall take effect on January 1 of each year, (C) An Employer may not fund the Minimum Wage increases required by this chapter in any of the following ways: Worker, (1) Reducing Healthcare Workers' premium pay rates or shift differentials; (2) Reducing vacation, healthcare, or other non -wage benefits of any Healthcare (3) Reducing Healthcare Workers' hours of work; (4) Laying off Healthcare Workers; or (5) Increasing charges to any Healthcare Worker for parking, work -related materials or equipment. (D) An Employer is in violation of subsection C of this section if the Minimum Wage requirements of this chapter are a motivating factor in the Employer's decision to take any of the actions described in subsection C of this section, unless the Employer proves that it would have taken the same action at the time that it did irrespective of the operation of this chapter. § 128.04 RETALIATION. No Employer shall discharge, terminate a contract with, reduce compensation to, or otherwise discriminate against or take adverse action against any Healthcare Worker.for opposinAel IVED practice proscribed by this chapter, for participating in proceedings related to this chapter, nr seeking to enforce rights under this chapter by any lawful means, or for otherwise asserting rights under this chapter, Protections of this section shall apply to any Healthcare Worker who mistakenly, but in good faith, alleges noncompliance with this chapter. Taking any adverse action against a Healthcare Worker within 90 days of the Healthcare Worker's exercise of rights protected under this chapter shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights, § 128.05 POSTING AND PAYROLL RECORDS. (A) Covered Healthcare Facilities shall post in a conspicuous place a notice of the current Minimum Wage for Healthcare Workers required by this chapter. (B) Employers of Healthcare Workers shall retain payroll records pertaining to Healthcare Workers for a minimum of four years, and shall allow the City or its designee access to such records, with appropriate notice and during business hours, to monitor compliance with the requirements of this chapter. § 128.06 ENFORCEMENT AND IMPLEMENTATION. (A) The City shall have responsibility for enforcement of this chapter, including, at a minimum; (1) Establishing a process for reporting complaints of violations of this chapter. (2) Establishing and implementing processes for investigating complaints and other possible violations of this chapter. Employers and Covered Healthcare Facilities shall cooperate fully in any such investigation, (3) Establishing and implementing an administrative citation process that may include the issuance of correction orders, a hearing and appeal process, and the imposition of administrative .fares or penalties owed to the City. (4) Taking appropriate enforcement action through the administrative citation process, civil actions, or other approaches on behalf of Healthcare Workers, collecting back wages and any other amounts owed to Healthcare Workers, and disbursing them to Healthcare Workers. (5) Conducting any other education and enforcement activities necessary to ensure compliance with this chapter, (B) The City is authorized to promulgate miles and regulations and issue determinations and interpretations relating to this chapter that are consistent with its purposes. (C) The City may seek to enter into an agreement with the Department of Consumer and Business Affairs of the County of Los Angeles to allow the County's Wage Enforcement Program to provide wage enforcement and educations services necessary for enforcement of this chapter. If the City and County enter into such an agreement, it may include any services necessary to carry out the enforcement and education responsibilities and activities described in subsection A of this section or pursuant to rules and regulations relating to this chapter. 4 MCE OF THE CITY CLERK FERI 4 2022 (D) A Healthcare Worker, a representative of a Healthcare Worker, the City Attorney, or another Person acting on behalf of the public as provided for under applicable stat l b bring a civil action in a court of competent _jurisdiction against an Employer violating this c Iapter. If the City, a Healthcare Worker, or a representative of a Healthcare Worker prevails in the action, the Court shall impose all remedies available under the law or in equity, including nljunctive or other equitable relief, reinstatement, the payment of any wages unlawfully withheld, the payment of penalties in the amount of up to $120 to each Healthcare Worker for each day that a violation occurred or continued, and reasonable attorneys' fees and costs. For retaliatory action by the Employer, the Healthcare Worker shall be entitled to reinstatement and a trebling of all wages and penalties owed, Any other Person enforcing this chapter on the public's behalf, upon prevailing, shall be entitled to an award of only equitable, injunctive, and/or restitutionary relief, and reasonable attorneys' fees and costs. § 128.07 NO WAIVER OF RIGHTS. Any waiver by a healthcare Worker of any or all of the provisions of this chapter or of rights or protections afforded under the authority of this chapter shall be deemed contrary to public policy and shall be void and unenforceable. § 128.08 COEXISTENCE WITH OTHER AVAILABLE RELIEF. The provisions of this chapter shall not be construed as limiting any Healthcare Worker's right to obtain relief to which the Healthcare Worker may be entitled at law or in equity. § 128.09 ONE-YEAR COURT -GRANTED WAIVER. This chapter is not intended to cause reduction in employment or work hours for Healthcare Workers. Therefore, a court may grant a one-year waiver from the Minimum Wage requirements of this chapter if an Employer can demonstrate by substantial evidence that compliance with this chapter would raise substantial doubt about the Employer's ability to continue as a going concern under generally accepted accounting standards. The evidence must include documentation of the Employer's financial condition, as well as the condition of any parent or affiliated entity, and evidence of the actual or potential direct financial impact of compliance with this chapter. A one- year waiver granted by a court pursuant to this section does not exempt an Employer from complying with any and all federal, state, or local laws and regulations, including any other applicable federal, state, or local minimum wage requirement. § 128.10 CONFLICTS. Nothing in this chapter shall be interpreted or applied so as to create any power or duty in conflict with any federal or state law. § 128.11 SEVERABILITY. If any subsection, sentence, clause, phrase, or provision of this chapter is found invalid or unconstitutional by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. SECTION 3. Effective Date If the City Council approves this measure, or if a majority of the voters pass this Ordinance, it shall take effect on the earliest date allowed by law,