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HomeMy WebLinkAbout02.01.23 Staff Reporti Agenda February 01, 2023, r 11 PM Mayor Emmanuel J. Estrada Mayor Pro Tem Monica Garcia Councilmember Alejandra Avila Councilmember Jean M. Ayala Councilmember Daniel Damian 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. The City of Baldwin Park provides two ways to watch a City Council meeting: In Person Online ,x) Audio streaming will be available at Most City Council meetings take https.11www.youtube.com/channellUCFLZO dDFRiy59rhiDZ13Fg/featured?view as=subscriber place at City Hall, 14403 E. Pacific http.//baldwinpark.granicus.comNiewPublisher.phpMew id=10 Ave., Baldwin Park, CA 91706 '', l � ,•' r li 11 Ii Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Clerk's Office at (626) 960-401.1. 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 questions 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 commentsgbaldwinpark.com. CALL TO ORDER OPEN SESSION/STUDY SESSION Presentation — Update on Neighborhood Legal Services Association, presented by Ron Garcia, Director of Community Development and Trinidad Ocampo Director of Housing and Homeless Prevention, Neighborhood Legal Services Association PUBLIC COMMUNICATIONS RECESS CLOSED SESSION Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case: Kuberry, Hemenway, Findley v. City of Baldwin Park Case: Cetina, Huerta, Jimenez, Parra, Real, Valdivia v. City of Baldwin Park Case: Tuan Le v. City of Baldwin Park Case: Rukli, Inc v. City of Baldwin Park Case: DJCBP Corporation dba Tier One Case No. 21STCV07382 Case No. 22STCV14121 Case No. 21STCV34473 Case No. 22STCV28634 Case No. 2:23-cv-00384 Consulting and David Ju 2 Public Employee Performance Evaluation Pursuant to California Government Code, Section 54957 Title: Chief of Police Conference With Labor Negotiator - Pursuant to California Government Code, Section 54957.6 City Negotiator: Enrique Saldivar, CEO Unrepresented Employee Title: Housing Manager Public Employee Appointment - Pursuant to California Government Code, Section 54957 Title: Housing Manager ADJOURNMENT CERTIFICATION 1, Christopher Saenz, 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 31 IT day of January 2023. Christopher Saenz 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 kromanL&baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.1.02.1.04 ADA TITLE II) A 1 y'I i February 01, 2023, i'' it PM Mayor Emmanuel J. Estrada Mayor Pro Tem Monica Garcia Councilmember Alejandra Avila Councilmember Jean M. Ayala Councilmember Daniel Damian 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. The City of Baldwin Park provides two ways to watch a City Council meeting: In Person Online yx Most City Council meetings take Audio streaming will be available at https://www.youtube.com/channel/UCFLZO dDFRiy59rhiDZ13Fc featuredNiew as=subscriber place at City Hall, 1.4403 E. Pacific hgQ://baldwinpark.granicus.com/ViewPublisher.php?view id=10 Ave., Baldwin Park, CA 91706 Reasonable Accommodations Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation 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. 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 questions 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 commentsLa�baldwinpark.com. Notice Regarding California Environmental Quality Act (CEQA) Determinations Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered "projects" under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a "project" under CEQA. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL REPORT FROM CLOSED SESSION m►` arch gue 1IU I DI►`1 Ky PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Proclamation — National Black History Month Proclamation presented to Housing Commissioner Laura Ann Franklin PUBLIC COMMUNICATIONS 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 It is recommended that the City Council ratify the attached Warrants and Demands Register. 2. Claim Rejection It is recommended that the City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s): Elda Borjas The claimant alleges property damage claim. Octavio Lopez The claimant alleges property damage claim. These government claims, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Council Members refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Council Members. 3. Approval of Employment Agreement with Imelda Delgado for the Position of Housing Manager It is recommended that the City Council approve the Agreement with Imelda Delgado for the position of Housing Manager and direct the Mayor and City Clerk to execute it. PUBLIC HEARING REPORTS OF OFFICERS 4. Adoption of Resolution No. 2023-003 for City Council Appointments of Official Representatives and Alternates to Various Agencies/Organizations It is recommended that the City Council nominate and appoint by a roll -call vote the official designated representatives and alternates and adopt Resolution No. 2023-003, the names of selected delegates will be added to the Resolution in a final format with the certified votes and appropriate signatures. 5. Adoption and Approval of Ordinance No. 1.500 to Establish the Measure BP Stakeholders Oversight Committee (SOC) It is recommended that the City Council approve the attached Ordinance No. 1500 to establish the Measure BP Stakeholders Oversight Committee, as a first reading, adding Sections 35.142 through 35.150 to Chapter 35 of Title 3 of the Baldwin :Park .Municipal Code. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION CERTIFICATION I, Christopher Saenz, 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 26r' day of January 2023. Christopher Saenz 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 kromanL&baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-401.1. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.1.02.1.04 ADA TITLE II) I TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: February 1, 2023 �Zv SUBJECT: City of Baldwin Park's Warrants and Demands u I i M- A Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION It is recommended that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payroll for the last period was $640,203.28 and the attached General Warrants Register was $598,344.72 for a total amount of $1,238,548.00. BACKGROUND The attached Claims and Demands report format meet 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 201769 to 201785 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 37510 to 37778 for the period December 25, 2022 through January 7, 2023 inclusive; these are presented and hereby ratified in the amount of $640,203.28. 2. General Warrants, with the bank drafts in the amount of $143,841.65 and checks from 239553 to 239657 in the amount of $454,503.07 for the period of January 10, 2023 to January 23, 2023, inclusive; in the total amount of $598,344.72 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENTS 1. Check Register Page 1 / 1 Check Register City of Baldwin Park, CA By (None) I Al Payment Dates 1/10/2023-1/23/2023 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 239553 01/11/2023 BANKCARD CENTER INTERVIEW PANEL SNACK (KRISPY KREME DONUTS) 100-10-150-51101-00000 $ 16.99 239554 01/12/2023 ARAMARK UNIFORM SERVICES UNIFORM SERVICES FOR BUILDING MAINTENANCE. JAN.2023 100-60-620-53100-00000 $ 27.72 239554 01/12/2023 ARAMARK UNIFORM SERVICES UNIFORM SERVICES FOR BUILDING MAINTENANCE JAN.2023 100-60-620-53100-00000 $ 27.72 239554 01/12/2023 ARAMARK UNIFORM SERVICES UNIFORM SERVICES FOR BUILDING MAINTENANCE. JAN.2023 252-60-620-53100-00000 $ 27.72 239554 01/12/2023 ARAMARK UNIFORM SERVICES UNIFORM SERVICES FOR BUILDING MAINTENANCE JAN.2023 252-60-620-53100-00000 $ 27.72 239555 01/12/2023 AUTOMATION SOLUTIONS, INC. HVAC SERVICES FOR TINY HOMES, CIP 22-044 9/22/2022 270-50-520-58100-55023 $ 7,032.50 239555 01/12/2023 AUTOMATION SOLUTIONS, INC. TINY HOMES HVAC SERVICES CHANGE ORDER #1 270-50-520-58100-55023 $ 3,666.25 239556 01/12/2023 CALIFORNIA NEWSPAPERS PARTNERSHIP NOTICE ID IKbDGiUPr2gg2HtjeITB 220-40-420-53330-14700 $ 755.24 239557 01/12/2023 CARLOS VALLE JANITORIAL SERVICES FOR CITY FACILITIES DEC. 2022 100-60-620-53371-00000 $ 5,200.00 239557 01/12/2023 CARLOS VALLE CITYWIDE JANITORIAL SERVICES FOR CITY FACILITIES 245-60-620-53371-15882 $ 1,300.00 239557 01/12/2023 CARLOS VALLE CITYWIDE JANITORIAL SERVICES FOR CITY FACILITIES 252-60-620-5337 1 -00000 $ 7,098.00 239558 01/12/2023 CINTAS FIRST AID & SAFETY AED UNITS AT CITY FACILITIES & FIRST AID SUPPLIES 100-60-610-53100-00000 S 583.47 239558 01/12/2023 CINTAS FIRST AID & SAFETY AED UNITS AT CITY FACILITIES & FIRST AID SUPPLIES 403-10-160-51101-11350 $ 718.32 239559 01/12/2023 COLLISION SAFETY INSTITUTE CDR DATA ANALYST COURSE FOR THOMAS IP 4.24-28.2023 501-30-000-22410-00000 S 750.00 239560 01/12/2023 CONVERGEONE, INC. SECURITY CAMERA SYSTEM FOR TINY HOMES, CIP22-043 270-50-520-58100-55023 $ 5,031.00 239560 01/12/2023 CONVERGE,ONE, INC. SECURITY CAMERA SYSTEM FOR TINY HOMES, CIP22-043 270-50-520-58110-55023 $ 16,289.72 239561 01/12/2023 DULCE M. CRUZ HOLIDAY DANCE FOOD VENDOR ON 12/10/2022 501-60-000-22327-00000 $ 1,281,80 239562 01/12/2023 ECONOMIC DEVELOPMENT CORPORATION OF LOS ANGELES COUNTY MINIMUM WAGE FOR HEALTHCARE WORKERS STUDY KAISER 100-10-110-51100-00000 $ 17,080.00 239563 01/12/2023 FEDEX OFFICE FT DEX DELIVERY TO MARY ANN GRAY- IDIS ACCESS 220-40-420-51101-14700 $ 31.81 239564 01/12/2023 GREG RUVOLO ADDITIONAL WISH LIST ITEMS FOR TINY HOMES 270-50-520-58100-55023 $ 5,750.00 239564 01/12/2023 GREG RUVOLO TINY HOMES FENCING SERVICES CHANGE ORDER #1 270-50-520-58100-55023 $ 7,560.00 239564 01/12/2023 GREG RUVOLO TINY HOMES FENCING SERVICES CHANGE ORDER #1 270-50-520-58100-55023 $ 5,980.00 239564 01/12/2023 GREG RUVOLO ADDITIONAL WISH LIST ITEMS FOR TINY HOMES 270-50-520-58100-55023 $ 5,875.00 239565 01/12/2023 HDL, COREN & CONE CONTRACT SERVICES PROPERTY TAX: OCT.2022-DEC.2022 100-25-299-51100-00000 $ 3,155.03 239566 01/12/2023 HINDERLITER, DE LLAMAS & ASSOCIATES CONTRACT SERVICES SALES TAX: DULY- SEPTEMBER 2022 100-25-299-51100-00000 $ 1,360.39 239567 01/12/2023 HIPOL.ITO REYES LOPEZ BIRTHDAY CELEBRATION ENTERTAINMENT FOR 2/15/2023 501-60-000-22327-00000 S 350.00 239567 01/12/2023 HIPOLITO REYES LOPEZ BIRTHDAY CELEBRATION ENTERTAINMENT FOR 1/18/2023 501-60-000-22327-00000 $ 350.00 239568 01/12/2023 INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE IACP 2023 MEMBERSHIP DUE, FOR CHIEF ROBERT A. LOPEZ 100-30-310-53330-00000 S 190.00 239569 01/12/2023 INTERNATIONAL MUNICIPAL SIGNAL ASSOCIATION - FAR WESTERN SECTION TRAFFIC SIGNAL WORKSHOP FOR ANTHONY V & FERNANDO R 240-50-550-53350-15705 $ 790,00 239570 01/12/2023 JOSE R. CORRAL RENT FOR ANTHONY C & MONICA G. FOR JANUARY 2023 270-60-610-53370-16064 $ 2,550.00 239571 01/12/2023 LESLIE'S POOLMART INC CREDIT MEMO 251-50-562-53100-00000 $ (251,87) 239571 01/12/2023 LESLIE'S POOLMART INC SUPPLIES FOR ENTRY FOUNTAIN AT RAMONA/605 FWY 251-50-562-53100-00000 S 215.60 239571 01/12/2023 LESLIE'S POOLMART INC SUPPLIES FOR ENTRY FOUNTAIN AT RAMONA/605 FWY 251-50-562-53100-00000 $ 137,39 239572 01/12/2023 LEWIS ENGRAVING INC NAME BADGE & NAME PLATES 100-60-620-53100-00000 $ 93.16 239573 01/12/2023 MARIPOSA LANDSCAPES INC. REPLACEMENT OF TREES & PLANTS ON 13852 RAMONA BLVD 403-10-160-54100-00000 $ 12,218.46 239574 01/12/2023 MERRIMAC ENERGY GROUP REGULAR UNLEADED GASOLINE, 11,131 GL, INCLUDES 402-50-591-53110-16140 $ 10,191.24 239574 01/12/2023 MERRIMAC ENERGY GROUP REGULAR UNLEADED GASOLINE, 11,131 GL, INCLUDES 402-50-590-53110-16140 $ 14,222.34 239574 01/12/2023 MERRIMAC ENERGY GROUP REGULAR UNL.EADFDGASOLINE, 11,131GL, INCLUDES 402-50-591-53110-16140 $ 11,142.26 239575 01/12/2023 MI LINDO OAXACA FOOD PROVIDED AT CITY COUNCIL SWEARING -IN CEREMONY 100-25-299-51100-00000 $ 2,850,00 239575 01/12/2023 MI LINDO OAXACA BUNUELOS PROVIDED AT THE POSADA 275-60-726-53100-16078 $ 1,000.00 239575 01/12/2023 MI LINDO OAXACA MEALS FOR SERENITY HOMES HOLIDAY DINNER 501-60-000-22328-00000 $ 950.00 239576 01/12/2023 MIKE SALAS RE,IM FOR FOOD PURCHASED FOR SUMMER DAY CAMP 100-60-650-53100-00000 S 163.98 239577 01/12/2023 FRANCHISE TAX BOARD PAYROLL DEDUCTION 100-00-000-21225-00000 $ 141.44 239578 01/12/2023 HOME DEPOT MATERIAL & SUPPLIES MISC ITEMS 251-50-560-53100-00000 S 604.44 239578 01/12/2023 HOME DEPOT MATERIAL & SUPPLIES MISC ITEMS ITEMS 251-50-571-53100-00000 $ 337,69 239578 01/12/2023 HOME DEPOT MATERIAL & SUPPLIES MISC ITEMS FOR LANDSCAPE 251-50-560-53100-00000 S 219.00 239578 01/12/2023 HOME DEPOT MATERIAL & SUPPLIES -TRAFFIC CTRL AND GARVEY PROJE 254-50-550-53100-15705 $ 3,621.82 239578 01/12/2023 HOME DEPOT MATERIAL & SUPPLIES MISC ITEMS FOR LANDSCAPE 251-50-560-53100-00000 $ 2,138.34 239578 01/12/2023 HOME DEPOT MATERIAL & SUPPLIES MISC ITEMS FOR LANDSCAPE 251-50-560-53100-00000 $ 1,330.38 239578 01/12/2023 HOME DEPOT MISC MATERIAL & SUPPLIES FOR THE GRAFFITI DIV 245-50-570-53100-14885 S 256.60 239578 01/12/2023 HOME DEPOT MATERIAL & SUPPLIES MISC ITEMS 251-50-560-53100-00000 $ 551.98 239578 01/12/2023 HOME DEPOT MATERIAL & SUPPLIES MISC ITEMS 251-50-571-53100-00000 $ 2,640.85 239578 01/12/2023 HOME DEPOT MATERIAL & SUPPLIES MISC ITEMS FOR LANDSCAPE 251-50-571-53100-00000 $ 1,022.23 239578 01/12/2023 HOME DEPOT MATERIAL & SUPPLIES MISC ITEMS FOR LANDSCAPE 251-50-560-53100-00000 $ 48.95 Page 1 of 5 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 239578 01/12/2023 HOME DEPOT MATERIAL & SUPPLIES MISC ITEMS 251-50-560-53100-00000 $ 645.05 239578 01/12/2023 HOME DEPOT MATERIAL & SUPPLIES MISC ITEMS 251-50-571-53100-00000 S 595.27 239579 01/12/2023 ODP BUSINESS SOLUTIONS, LLC TO REPLACED CHECK # 238553 10/20/2022 240-50-510-53100-00000 $ 3,53 239579 01/12/2023 ODP BUSINESS SOLUTIONS, LLC TO REPLACED CHECK i# 238553 10/20/2022 240-50-510-53100-00000 $ 68.31 239579 01/12/2023 ODP BUSINESS SOLUTIONS, LLC TO REPLACED CHECK # 238553 10/20/2022 240-50-510-53100-00000 $ 54.74 239579 01/12/2023 ODP BUSINESS SOLUTIONS, LLC TO REPLACED CHECK i# 238553 10/20/2022 240-50-510-53100-00000 $ 112.19 239579 01/12/2023 ODP BUSINESS SOLUTIONS, LLC TO REPLACED CHECK # 238553 10/20/2022 240-50-510-53100-00000 $ 29.86 239579 01/12/2023 ODP BUSINESS SOLUTIONS, LLC TO REPLACED CHECK i# 238553 10/20/2022 240-50-510-53100-00000 $ 22.00 239579 01/12/2023 ODP BUSINESS SOLUTIONS, LLC TO REPLACED CHECK # 238553 10/20/2022 100-30-310-53100-00000 $ 905,50 239579 01/12/2023 ODP BUSINESS SOLUTIONS, LLC TO REPLACED CHECK i# 238553 10/20/2022 100-30-310-53100-00000 $ 30.68 239580 01/12/2023 RAM CONSTRUCTION & FENCE LLC ADA CONCRETE WORK FOR SERENITY HOMES 270-50-520-58100-55023 $ 12,250.00 239581 01/12/2023 ROBERTO JAIME REND REGISTRATION FEE FOR VENDOR BOOTH @ HOLIDAY 501-60-000-22328-00000 $ 35.00 239582 01/12/2023 SMART & FINAL MATERIALS & SUPPLIES FOR BARNES PARK 100-60-670-53100-15100 $ 50.91 239583 01/12/2023 THE GAS COMPANY NATURAL GAS VEHICLE FUEL FOR CNG STATION @ 14747 402-50-590-53110-16140 $ 13.39 239584 01/12/2023 VERIZON WIRELESS MTHLY BILL II/22-12/21/22FOR M.BRAVO,N.AGUINAGA& 100-40-405-53403-00000 $ 49.84 239584 01/12/2023 VERIZON WIRELESS MTHLY BILL 11/22-12/21/22 FOR M.BRAVO,N.AGUINAGA & 220-40-420-53403-14700 $ 49.84 239585 01/12/2023 WALTERS WHOLESALE ELECTRIC CO. MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 252-60-620-53100-00000 $ 616.52 239586 01/12/2023 WASTE MANAGEMENT COLLECTION AND RECYCLING, INC CNG FUEL FOR CITY VEHICLES FOR DEC 2022 402-50-590-53110-16140 $ 1,502.90 239586 01/12/2023 WASTE MANAGEMENT COLLECTION AND RECYCLING, INC CNG FUEL FOR CITY VEHICLES FOR DEC 2022 402-50-591-53110-16140 $ 1,806,27 239586 01/12/2023 WASTE MANAGEMENT COLLECTION AND RECYCLING, INC CNG FUEL FOR CITY VEHICLES FOR NOV 2022 402-50-590-53110-16140 $ 303.37 239587 01/12/2023 YADIRA TANUS LOPEZ RIND REGISTRATION FEE VENDOR BOOTH @ THE HOLIDAY 501-60-000-22328-00000 $ 25.00 239588 01/16/2023 BANKCARD CENTER CA CONTRACT CT ASSOCIATION 23 FOR MAYOR ESTRADA 100-10-100-53350-00000 S 625.00 239588 01/16/2023 BANKCARD CENTER ONLINE SUBSCRIPTION FOR CEO ZALDIVAR 100-10-110-53330-00000 $ 18.00 239588 01/16/2023 BANKCARD CENTER CA CONTRACT CT ASSOCIATION 23 FOR CEO ZALDIVAR 100-10-110-53350-00000 S 625.00 239588 01/16/2023 BANKCARD CENTER CT CLERK ASSOCIATION TRNG FOR KRYSTAL ROMAN 100-10-120-53330-00000 $ 200.00 239589 01/19/2023 AT&T FRAME RELAY FOR MOBILE PD 12/1-12/31/2022 100-30-310-53403-00000 $ 1,207.79 239589 01/19/2023 AT&T FRAME RELAY FOR MOBILE PD 12/01-12/31/2022 100-30-310-53403-00000 $ 1,436.51 239589 01/19/2023 AT&T FRAME RELAY MOBILE FOR PD 12/01-12/31/2022 100-30-310-53403-00000 $ 1,436.51 239590 01/19/2023 BANKCARD CENTER MTHLY FEE FOR DROPBOX SUBSCRIPTION USED FOR THE BP 100-60-610-51100-00000 $ 11.99 239590 01/19/2023 BANKCARD CENTER MATERIALS & SUPPLIES FOR THE BOXING PROGRAM 100-60-610-53100-00000 S 799.19 239590 01/19/2023 BANKCARD CENTER PRINTING SERVICES FOR LUNCH WITH SANTA PROGRAMS 100-60-610-53100-16150 $ 857.71 239590 01/19/2023 BANKCARD CENTER PAYMENT FOR SG VALLEY NEWS SUBSCRIPTION 100-60-610-53330-00000 $ 10.00 239590 01/19/2023 BANKCARD CENTER TRUCK RENTAL FOR THE CHRISTMAS FOOD BASKET PROG 100-60-610-53391-16101 $ 2.19 239590 01/19/2023 BANKCARD CENTER NETFLIX MTHLY FEE FOR SR CTR 100-60-630-53330-00000 S 3.87 239590 01/19/2023 BANKCARD CENTER TRUCK RENTAL FOR THE CHRISTMAS FOOD BASKET PROG 100-60-640-53391-16106 $ 467.00 239590 01/19/2023 BANKCARD CENTER NETFLIX MTHLY FEE FOR TEEN CTR 100-60-660-53330-00000 S 3.87 239590 01/19/2023 BANKCARD CENTER NETFLIX MTHLY FEE FOR THE BARNES PARK 100-60-670-53330-15100 $ 3.88 239590 01/19/2023 BANKCARD CENTER NETFLIX MTHLY FEE FOR THE ARC CTR 100-60-680-53330-00000 S 3.87 239590 01/19/2023 BANKCARD CENTER SUPPLIES PURCHASED FOR THE POSADA EVENT 501-60-000-22328-00000 $ 26.26 239591 01/19/2023 DEKRA-LITE INDUSTRIES INC LOW VOLTAGE SEQUOIA COLLECTION TREE W/24V 100-60-610-58110-16105 $ 16,493.92 239592 01/19/2023 FOOD 4 LESS FOOD/PRODUCE FOR THE FOOD GIVEAWAY ON 02/03/2023 275-60-713-53100-16072 $ 10,791,00 239593 01/19/2023 FRONTIER COMMUNICATIONS MTHLY PHONE BILL FOR DEC 2022 100-30-310-53403-00000 S 164.95 239594 01/19/2023 NICHOLS LUMBER & HARDWARE MATERIALS & SUPPLIES - 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BALDWIN PARK CODE OF ORDINANCES 100-10-120-53330-11535 $ 3,391,21 239618 01/19/2023 ARAMARK UNIFORM SERVICES UNIFORM SUPPLIES FOR SEIU EMPLOYEES OCT.2022 251-50-571-53100-00000 S 233.29 239618 01/19/2023 ARAMARK UNIFORM SERVICES UNIFORM SUPPLIES FOR SEIU EMPLOYEES OCT2022 251-50-560-53100-00000 $ 82.26 239618 01/19/2023 ARAMARK UNIFORM SERVICES UNIFORM SUPPLIES FOR SEIU EMPLOYEES OCT.2022 251-50-571-53100-00000 S 233.29 239618 01/19/2023 ARAMARK UNIFORM SERVICES UNIFORM SUPPLIES FOR SEIU EMPLOYEES OCT2022 251-50-560-53100-00000 $ 82.26 239618 01/19/2023 ARAMARK UNIFORM SERVICES UNIFORM SUPPLIES FOR SEIU EMPLOYEES 251-50-560-53100-00000 S 173.19 239618 01/19/2023 ARAMARK UNIFORM SERVICES UNIFORM SUPPLIES FOR SEIU EMPLOYEES OCT2022 251-50-571-53100-00000 $ 62.34 239618 01/19/2023 ARAMARK UNIFORM SERVICES UNIFORM SUPPLIES FOR SEIU EMPLOYEES OCT.2022 251-50-560-53100-00000 $ 82.26 239618 01/19/2023 ARAMARK UNIFORM SERVICES UNIFORM SUPPLIES FOR SEIU EMPLOYEES OCT2022 251-50-560-53100-00000 $ 327.37 239618 01/19/2023 ARAMARK UNIFORM SERVICES UNIFORM SUPPLIES FOR SEIU EMPLOYEES OCT.2022 251-50-560-53100-00000 $ 82.26 239619 01/19/2023 AURELIO MACIAS REIMBURSEMENT OF DEPOSIT FOR RENTAL AT ESTHER CTR 501-60-000-22333-00000 $ 150.00 239620 01/19/2023 AUTOMATION SOLUTIONS, INC. TINY HOMES ELECTRICAL, SERVICES CHANGE ORDER #1 270-50-520-58100-55023 $ 3,504.37 239620 01/19/2023 AUTOMATION SOLUTIONS, INC. TINY HOMES ELECTRICAL SERVICES CHANGE ORDER #1 270-50-520-58100-55023 $ 6,300.00 239620 01/19/2023 AUTOMATION SOLUTIONS, INC. TINY HOMES ELECTRICAL, SERVICES CHANGE ORDER #1 270-50-520-58100-55023 $ 1,065.95 239621 01/19/2023 BILL WRIGHT'S PAINT SPECIALIZED SPRAY PAINT 245-50-570-53100-15040 $ 252.99 239622 01/19/2023 BLACK & WHITE EMERGENCY VEHICLES, LLC EMERGENCY REPAIRS TO POLICE VEHICLES JAN.2023 402-50-591-53371-00000 $ 600.00 239623 01/19/2023 BOB BARKER COMPANY, INC SUPPLIES FOR INMATES 501-30-000-22407-00000 $ 648.01 239624 01/19/2023 BURRO CANYON SHOOTING PARK RANGE FEES 100-30-310-53100-00000 $ 30.00 239625 01/19/2023 CAR QUEST PARTS AND SUPPLIES FOR VEHICLES DEC.2022 402-50-590-53100-00000 $ 117,23 239625 01/19/2023 CAR QUEST CREDIT MEMO 402-50-591-53100-00000 $ (13.54) 239625 01/19/2023 CAR QUEST PARTS AND SUPPLIES FOR VEHICLES DEC.2022 402-50-590-53100-00000 $ 1,57 239625 01/19/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE VEHICLES 402-50-591-53100-00000 $ 53.41 239625 01/19/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE VEHICLES 402-50-591-53100-00000 $ 207,07 239625 01/19/2023 CAR QUEST PARTS AND SUPPLIES FOR VEHICLES DEC.2022 402-50-591-53100-00000 $ 45.74 239625 01/19/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE VEHICLES 402-50-591-53100-00000 $ 16.85 239625 01/19/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE VEHICLES 402-50-591-53100-00000 $ 56.21 239626 01/19/2023 CHICAS GRAPHICS AND DESIGN CITY LOGO ON 48 RAIN JACKETS & PESTICIDE SAFETY 254-50-550-53100-15705 $ 558.45 239627 01/19/2023 CINTAS FIRST AID & SAFETY FIRST AID SUPPLIES FOR CITY FACILITIES 240-50-550-53100-15705 S 300.71 239627 01/19/2023 CINTAS FIRST AID & SAFETY ZOLL PLUS AUTO AGREEMENT -QUANTITY 4 403-10-160-53100-00000 $ 359.16 239628 01/19/2023 CORDOBA CORPORATION PROVIDE CONTINUING EFFORTS FOR3/l/2022-3/31/2022 450-40-470-51101-00000 $ 13,357.50 239628 01/19/2023 CORDOBA CORPORATION PROVIDE CONTINUING EFFORTS LORI I/l/2022-11/30/2022 450-40-470-51I01-00000 $ 2,145.00 239629 01/19/2023 CORODATA RECORDS MANAGEMENT, INC. STORAGE OF FILES FOR 12/l /2022-12/31/2022 100-10-120-51100-00000 $ 56.55 239630 01/19/2023 COVINA NICE CLEANERS CLEANING SERVICES FOR JAIL FOR THE WEEK 12/19/2022 100-30-330-51101-00000 $ 110.00 Page 3 of 5 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 239630 01/19/2023 COVINA NICE CLEANERS CLEANING SERVICES FOR JAIL FOR THE WEEK 12/26/2022 100-30-330-51101-00000 $ 110.00 239631 01/19/2023 DEPARTMENT OF JUSTICE FINGERPRINT APPLICANTS 100-30-310-51100-00000 $ 81.00 239631 01/19/2023 DEPARTMENT OF JUSTICE FINGERPRINT APPLICANTS 100-30-310-51100-00000 $ 66.00 239632 01/19/2023 ECO CAR SPA CAR WASH FOR POLICE VEHICLES DEC. 2022 402-50-591-51101-00000 $ 34.00 239633 01/19/2023 EPOWER NETWORK INC BASEMENT UPS & BATTERY PREVENTIVE MAINTENANCE 9/14 100-30-320-53371-00000 $ 626,40 239634 01/19/2023 ESTRADA'S SMOG CHECK SMOG CHECK FOR ALI, CITY/ POLICE VEHICLES OCT.& DEC 402-50-590-51101-00000 $ 55.00 239634 01/19/2023 ESTRADA'S SMOG CHECK SMOG CHECK FOR ALL CITY/ POLICE VEHICLES OCT.& DEC 402-50-590-51 101-00000 $ 55.00 239634 01/19/2023 ESTRADA'S SMOG CHECK SMOG CHECK FOR ALI, CITY/ POLICE VEHICLES OCT.& DEC 402-50-590-51101-00000 $ 55.00 239634 01/19/2023 ESTRADA'S SMOG CHECK SMOG CHECK FOR ALL CITY/ POLICE VEHICLES OCT.& DEC 402-50-590-51101-00000 $ 55.00 239634 01/19/2023 ESTRADA'S SMOG CHECK SMOG CHECK FOR ALI, CITY/ POLICE VEHICLES OCT.& DEC 402-50-590-51101-00000 $ 55.00 239634 01/19/2023 ESTRADA'S SMOG CHECK SMOG CHECK FOR ALL CITY/ POLICE VEHICLES OCT.& DEC 402-50-590-51101-00000 $ 55.00 239634 01/19/2023 ESTRADA'S SMOG CHECK SMOG CHECK FOR ALI, CITY/ POLICE VEHICLES OCT.& DEC 402-50-591-51101-00000 $ 55.00 239634 01/19/2023 ESTRADA'S SMOG CHECK SMOG CHECK FOR ALL CITY/ POLICE VEHICLES OCT.& DEC 402-50-590-51101-00000 $ 55.00 239634 01/19/2023 ESTRADA'S SMOG CHECK SMOG CHECK FOR ALI, CITY/ POLICE VEHICLES OCT.& DEC 402-50-590-51101-00000 $ 27.50 239634 01/19/2023 ESTRADA'S SMOG CHECK SMOG CHECK FOR ALL CITY/ POLICE VEHICLES OCT.& DEC 402-50-591-51101-00000 $ 27.50 239634 01/19/2023 ESTRADA'S SMOG CHECK SMOG CHECK FOR ALI, CITY/ POLICE VEHICLES OCT.& DEC 402-50-591-51101-00000 $ 55.00 239634 01/19/2023 ESTRADA'S SMOG CHECK SMOG CHECK FOR ALL CITY/ POLICE VEHICLES OCT.& DEC 402-50-591-51101-00000 $ 55.00 239634 01/19/2023 ESTRADA'S SMOG CHECK SMOG CHECK FOR ALI, CITY/ POLICE VEHICLES OCT.& DEC 402-50-591-51101-00000 $ 55.00 239634 01/19/2023 ESTRADA'S SMOG CHECK SMOG CHECK FOR ALL CITY/ POLICE VEHICLES OCT.& DEC 402-50-591-51101-00000 $ 55.00 239634 01/19/2023 ESTRADA'S SMOG CHECK SMOG CHECK FOR ALI, CITY/ POLICE VEHICLES OCT.& DEC 402-50-591-51101-00000 $ 55.00 239634 01/19/2023 ESTRADA'S SMOG CHECK SMOG CHECK FOR ALL CITY/ POLICE VEHICLES OCT.& DEC 402-50-591-51101-00000 $ 55.00 239635 01/19/2023 FEDEX OFFICE 1-SHIPMENT -FEDEXSTANDARD OVERNIGHT 100-10-150-53100-00000 S 104.17 239636 01/19/2023 FEDEX OFFICE FOR TRANSPORTATION GROUND SERVICES 100-40-000-22350-14134 $ 18.85 239637 01/19/2023 FRONTIER COMMUNICATIONS LOCAL, SERVICE INTERNET FOR 12/19-1/18/2023 501-50-000-22000-55003 S 100.99 239638 01/19/2023 GRAINGER, INC. MATERIAL & SUPPLIES -SCREW REMOVER SCREWDIRVER 254-50-550-53100-15705 $ 75.41 239638 01/19/2023 GRAINGER, INC. MATERIAL, & SUPPLIES -SCREW REMOVER SCREWDIRVER 254-50-550-53100-15705 $ 648.40 239639 01/19/2023 GREG RUVOLO 10*30 WHITE CANOPY TENT FOR HOLDIAY LUNCH 251-50-560-53100-00000 $ 1,100.00 239640 01/19/2023 HER MEDIA, TLC NOTICE RUN DATE: DECEMBER 1,2022 501-40-000-22335-00000 $ 210.00 239641 01/19/2023 INTERSTATE BATTERIES BATTERY FOR PD AND CITY VEHICLES -STOCK 402-50-590-53100-00000 $ 473,96 239641 01/19/2023 INTERSTATE BATTERIES BATTERY FOR PD AND CITY VEHICLES -STOCK 402-50-591-53100-00000 S 173.09 239641 01/19/2023 INTERSTATE BATTERIES BATTER FOR PD AND CITY VEHICLES -STOCK 402-50-591-53100-00000 $ 300.86 239642 01/19/2023 J.G. TUCKER & SONS SAFETY SUPPLIES 251-50-560-53100-00000 $ 2,044.15 239643 01/19/2023 JEEP CHRYSLER OF ONTARIO, INC. SERVICE FOR POLICE VEHICLES 402-50-591-53371-00000 $ 198.61 239644 01/19/2023 JOE BALDWIN QUIJAS REIMBURSEMENT FOR ARPA SENIOR TRIP & EVENTS DEC.10 275-60-726-53370-16074 $ 15.00 239645 01/19/2023 JOHN L HUNTER & ASSOCIATES INC CONSULTANT SERVICES FOR CITY'S NPDES STORM 10/1-31 258-50-510-51100-15400 $ 1,186,25 239646 01/19/2023 JUAN E. RAMIREZ ENGLISH-SPANISH INTERPRETER & TRANSLATOR NOV. 2022 100-10-110-51101-00000 $ 5,030.00 239646 01/19/2023 JUAN E. RAMIREZ ENGLISH-SPANISH INTERPRETER & TRANSLATOR DEC. 2022 100-10-110-51101-00000 $ 5,555.00 239647 01/19/2023 JWA URBAN CONSULTANTS INC CONSULTING SERVEICES NOVEMBER 2022 100-40-440-51101-00000 $ 6,866.48 239647 01/19/2023 JWA URBAN CONSULTANTS INC AS -NEEDED PROFESSIONAL SERVICES RELATED TO 100-40-440-51101-14070 $ 269.77 239647 01/19/2023 JWA URBAN CONSULTANTS INC AS -NEEDED PROFESSIONAL, SERVICES RELATED TO 100-40-440-51101-14070 $ 1,150.88 239647 01/19/2023 JWA URBAN CONSULTANTS INC AS -NEEDED PROFESSIONAL SERVICES RELATED TO 235-40-440-51101-00000 $ 1,775.81 239648 01/19/2023 LA CANADA DESIGN GROUP INC ARCHITECTURAL/ENGINEERING DESIGN SERVICES 7/1-7/31 245-50-520-58100-55022 $ 10,938.44 239648 01/19/2023 LA CANADA DESIGN GROUP INC ARCHITECTURAL/ENGINEERING DESIGN SERVICES 7/1-7/31 270-50-520-58100-55022 $ 936.56 239648 01/19/2023 LA CANADA DESIGN GROUP INC ARCHITECTURAL/ENGINEERING DESIGN SERVICES 8/1-8/31 270-50-520-58100-55022 $ 30,129.50 239648 01/19/2023 LA CANADA DESIGN GROUP INC ARCHITECTURAL/ENGINEERING DESIGN SERVICES 9/1-9/30 270-50-520-58100-55022 $ 8,318.00 239649 01/19/2023 LEWIS ENGRAVING INC GAVEL, PLAQUE FOR OUTGOING MAYOR PRO TEM DANIEL 100-10-100-53100-00000 $ 121.28 239649 01/19/2023 LEWIS ENGRAVING INC NAME BADGERS AND DESK PLATES 100-30-310-53100-00000 $ 41.90 239650 01/19/2023 LORRAINEMENDEZ PREPARATION OF HUD REPORTS 221-40-470-51101-17057 $ 1,020.00 239651 01/19/2023 LOURDES MIRANDA REIMBURSEMENT FOR ARPA SENIOR TRIP & EVENTS DEC.10 275-60-726-53370-16074 $ 15,00 239652 01/19/2023 MARIPOSA LANDSCAPES INC. LANDSCAPE SERVICES DECEMBER 2022 251-50-560-51100-00000 $ 8,333.33 239653 01/19/2023 MARLEN DELGADO REIMBURSEMENT OF DEPOSIT FOR RENTAL AT JULIA CTR 501-60-000-22333-00000 $ 300.00 239654 01/19/2023 MARVCO ENTERPRISES, INC. BATTERIES FOR DISPATCHER HEADSETS 100-30-310-53100-00000 $ 946.90 239655 01/19/2023 MIRNA ESCOBEDO REIMBURSEMENT FOR MATERIALS & SUPPLIESS FOR WINTER 100-60-650-53100-00000 $ 19.96 239655 01/19/2023 MIRNA FSCOBEDO REIMBURSEMENT FOR MATERIALS & SUPPLIESS FOR SUMMER 100-60-650-53100-00000 S 291.34 239656 01/19/2023 MONTSERRAT ESPEJEL REFUND REQUEST FOR REGISTRATION OF HOLDIAY BOOTH 501-60-000-22328-00000 $ 25.00 239657 01/19/2023 MOORE, IACOFANO & GOLTZ,MAN INC CONSULTING SERVICES TO HOUSING 10/1-11/30/2022 235-40-440-51100-14067 $ 7,981.25 DFT0006419 01/19/2023 PERS-RETIREMENT PERS SURVIVOR RETIREMENT 100-00-000-21207-00000 $ 182,42 DFT0006420 01/19/2023 PERS-RETIREMENT PERS REDEPOSIT 100-00-000-21206-00000 $ 21.78 DFT0006421 01/19/2023 PERS-RETIREMENT PERS SWORN- 344 100-00-000-21206-00000 $ 17,639.14 DFT0006422 01/19/2023 PERS-RETIREMENT PERS MISC 350 100-00-000-21206-00000 $ 15,957.82 DFT0006423 01/19/2023 PERS-RETIREMENT PERS SWORN 351 100-00-000-21206-00000 $ 12,120,08 Page 4 of 5 Payment Number Payment Date Vendor Name Description (Item) Account Number DFT0006424 01/19/2023 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-00000 DFT0006432 01/19/2023 PERS-RETIREMENT PERS SWORN CITY PAID - PEPRA 100-00-000-21256-00000 DFT0006433 01/19/2023 PERS-RETIREMENT PERS SWORN ER REG PAY 100-00-000-21256-00000 DFT0006434 01/19/2023 PERS-RETIREMENT PT PERS MISC CITY PAID 100-00-000-21256-00000 DFT0006435 01/19/2023 PERS-RETIREMENT PERS MISC CITY PAID 100-00-000-21256-00000 DFT0006436 01/19/2023 PERS-RETIREMENT PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 DFT0006487 01/12/2023 STATE DISBURSEMENT SDU-CHILD SUPPORT 100-00-000-21225-00000 DFT0006488 01/12/2023 STATE DISBURSEMENT SDU-CHILD SUPPORT 100-00-000-21225-00000 Grand Total: Amount $ 7,483.46 $ 17,359.96 $ 31,983.84 $ 1,098.80 $ 22,598.60 $ 13,175.01 $ 3,603.66 S 617.08 $ 598,344.72 Page 5 of 5 ITEM NO. 2 F-'v 1• TO: Honorable Mayor and Members of the City Council �r HUB,0F THEE' FROM: Enrique C. Zaldivar, Chief Executive Officer 'SAN GAgR'e�. Karina Rueda, Human Resources/Risk Manager �c0" °Rq D JAWS DATE: February 1, 2023 SUBJECT: Claim Rejection SUMMARY This report seeks City Council consideration and direction to reject the Claims for Damages to person or property received for filing against the City of Baldwin Park. RECOMMENDATION It is recommended that the City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s): Elda Borjas The claimant alleges property damage claim. Octavio Lopez The claimant alleges property damage claim. These government claims, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Council Members refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Council Members. FISCAL IMPACT Fiscal impact is unknown at this time. BACKGROUND In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of motion and that the claimants are sent written notification of said action. ALTERNATIVES There are no other alternatives for the Council to consider since rejection of the claims is necessary for the Statute of Limitations to begin on the claims received. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS None Page 1 / 1 ITEM NO. 3 TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, City Manager Karina Rueda, Human Resources/Risk Manager �zv DATE: February 1, 2023 SUBJECT: Approval of Employment Agreement with Imelda Delgado for the Position of Housing Manager SUMMARY The attached Agreement for Housing Manager ("Agreement") with Imelda Delgado is presented for approval by the City Council ascertaining the terms and conditions of employment. RECOMMENDATION It is recommended that the City Council approve the Agreement with Imelda Delgado for the position of Housing Manager (subject to any non -substantive changes made by Chief Executive Officer and the City Attorney) and direct the Mayor and City Clerk to execute it. FISCAL IMPACT There is no fiscal impact as the Housing Manager position has remained vacant since September of 2022 at which time the prior incumbent resigned, and budgeted funds remain available. BACKGROUND Upon the position becoming vacant in September 2022, the City initiated a recruitment to solicit a pool of qualified candidates. Following a thorough review and vetting of the applicants, including an oral interview panel of internal raters, Ms. Delgado was selected as the top candidate. Ms. Delgado has the qualifications and experience for this position. If approved, the Agreement will be effective February 20, 2023. The Agreement sets the monthly base pay compensation for the Housing Manager at $9,789.79 per month which is Step 7 of the salary range as per the City of Baldwin Park Comprehensive Pay Schedule. The Housing Manager position is expressly defined as "At -Will" and the employee shall serve at the pleasure of the City Council and Chief Executive Officer. ALTERNATIVES There are no alternatives. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Housing Manager Agreement (will be provided before the City Council Meeting) 2. Housing Manager Job Description 3. Unclassified Managers Benefit Matrix Page 1 / 1 CITY OF BALDWIN PARK HOUSINGMANAGER EMPLO VMENT AGREEMENT This HOUSING MANAGER EMPLOYMENT AGREEMENT ("Agreement") is entered into and made effective the 1st day of February 2023, by and between the CITY OF BALDWIN PARK, a municipal corporation ("City") and Imelda Delgado, an individual (`Employee"). RECITALS WHEREAS, pursuant to Baldwin Park Municipal Code Section 31.03 the Chief Executive Officer has the authority, upon consultation and concurrence by the City Council, to appoint certain department heads and managers; and WFIEREAS, pursuant to Baldwin Park Municipal Code Section 33.05, all Unclassified Service Employees, including the Housing Manager, are At -Will and may be terminated from employment at any time without cause or without right of appeal or hearing, and not covered by the City's Personnel System; and WHEREAS, at the regular City Council meeting of February 1, 2023, the Chief Executive Officer secured the concurrence of the City Council to execute an employment agreement with Imelda Delgado, to serve as Housing Manager, which position shall be At -Will and serve at the pleasure of the City Council and Chief Executive Officer; and WHEREAS, Employee desires to perform and assume responsibility for the provision of services as the Housing Manager to the City and its related agencies; and WHEREAS, the parties wish to establish the terms and conditions of Employee's services as the Housing Manager to the City and its related agencies through this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Employee hereby agree as follows: AGREEMENT 1.0 EMPLOYMENT & DUTIES. 1.1 Duties. City hereby employs Imelda Delgado as the Housing Manager to perform the functions and duties as specified in the j ob description for this position attached hereto as Exhibit "A", and to perform such other legally permissible and proper functions and duties as the Chief Executive Officer shall, from time-tatime, direct or assign. Employee shall perform these functions and duties in an efficient, competent, and ethical manner and shall devote her best efforts and full-time attention thereto. 1.2 Work $chdu. it is recognized that Employee is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and must devote a great deal of time outside the normal office hours to the business of the City. Employee acknowledges that proper performance of the duties of the Housing Manager will require Employee to generally observe normal business hours, as set by the City and may be duly revised from time -to -time (currently 7:30 a.m. to 6:00 p.m., Monday through Thursday), and will also often require the performance of necessary services outside of normal business hours. Employee's compensation (whether salary or benefits or other allowances) is not based on hours worked, and Employee shall not be entitled to any compensation for overtime. 1.3 Other Activities. Employee shall focus their professional time, ability, and attention to City business during the term of this Agreement. Employee shall not engage, without the express prior written consent of the Chief Executive .Officer, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might cause a conflict -of -interest with the City, or that otherwise might interfere with the business or operation of the City or the satisfactory performance of the functions and duties of Housing Manager. 1.4 Emnlovment Status. Upon appointment to the Housing Manager position, Employee shall serve at the will and pleasure of the Chief Executive Officer and understands that she shall be an "At -Will" employee without recourse to bumping or other demotion rights and shall be subject to summary dismissal without any right of notice or hearing, including any so- called due process pre -disciplinary Skelly hearing, except as expressly provided in this Agreement. The City may terminate Employee at any time in accordance with Section 3.4 below. 1.5 City ocuments. All data, studies, reports and other documents prepared by Employee while performing her duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by Employee, without the prior written consent of the Chief Executive Officer, for any purposes other than the performance of her duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction. 1.6 Exc 'on rom Conn etitive Service. Employee understands, ackwowledges and agrees that she is exempt from the City's competitive (Civil Service) system, and as such remains an At -Will employee serving at the pleasure of the Chief Executive Officer. 1.7 FLSA Ex%mVL5,tatua. Employee agrees that her position is that of an exempt employee for the purposes of the Fair Labor Standards Act. 2,0'tIl"��C 1�9�'1'Il'+i AND REIMBURSEMENT 2.1. For the services rendered pursuant to this Agreement, Employee's initial base compensation shall be $9,789.79 per month ("Salary"), Step 7 of the City 2 of Baldwin Park's Salary Schedule, to be paid on a pro -rated basis bi-weekly at the same time as other employees of the City are paid. Such Salary shall be adjusted for state and federal tax withholdings. 2.2 Annual Salary Review. The Chief Executive Officer, in coordination with the Community Development Department Director, and Employee agree to conduct an annual salary review concurrently with the annual performance evaluation set forth in Section 6.2. Upon conclusion of such review, the Chief Executive Officer may, within his discretion, increase Employee's Salary as he deems appropriate not to exceed the maximum of the Housing Manager salary range in accordance with the City's Salary Schedule. 2.3 Cost of Living Adjustment. Employee shall not be entitled to any cost of living adjustment ("COLA"), except Employee shall be entitled to a COLA when specifically approved for the Housing Manager position by action of the Baldwin Park City Council. 3.0 TERM 3.1 Commencement & Effective Date. Employee shall commence their services hereunder at 12:01 a.m. Pacific daylight savings time on February 20, 2023 or such earlier date upon which the Chief Executive Officer and Employee may mutually agree, in either event such date will also be deemed the effective date of this Agreement ("Effective Date"). 3.2 Term. The City hereby employs Employee until their services are terminated as provided for herein. 3.3 Termination by Employee. Employee may terminate this Agreement at any time, provided Employee provides the Chief Executive Officer with at least thirty (30) days' advance written notice, unless the pasiies agree to an alternative timeframe. In the event Employee terminates this Agreement, Employee expressly agrees that she shall not be entitled to any severance pay. 3.4 Termination by: Cif. The Chief Executive Officer or someone acting in the capacity as Chief Executive Officer may terminate this Agreement at any time with or without cause, by providing written notice of the reason(s). The Chief Executive Officer's right to terminate Employee pursuant to this Section 3.4 shall not be subject to or in any way limited by the City's Personnel Rules or past City practices related to the employment, discipline, or termination of the City's employees. Employee expressly waives any rights provided for department heads and certain managers under the City's Personnel Rules, Municipal Code, or under other state or federal law to any other form of pre- or post -termination hearing, appeal, or other administrative process pertaining to termination. Nothing herein, however, shall be construed to create a property interest, where one does not exist by rule of law, in the position of Housing Manager. Upon appointment to the Housing Manager position, Employee remains an At -Will employee serving at the pleasure of the Chief Executive Officer. (a) Termination by City for Cause. The City may terminate this Agreement for cause at any time by providing Employee with five (5) business days' written notice of the termination for cause and the facts and grounds constituting such cause. The term "cause" shall be defined to include any misconduct materially 3 related to performance of official duties, including but not be limited to any of the following: 1) Breach of this Agreement, 2) Willful or persistent material breach of duties, 3) Rdsumd fraud or other acts of material dishonesty, 4) Unauthorized absence or leave, 5) Conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality) or conviction of a felony under California law, 6) Violation of the City's anti -harassment policies and/or a fmding that legally prohibited personal acts of harassment against a City official or employee or legally prohibited personal acts of discrimination against a City official or employee has occurred, 7) Violation of the Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City's Personnel Rules, 8) Use or possession of illegal drugs, 4) Engaging in conduct tending to bring embarrassment or disrepute to the City, 10) Any illegal or unethical act involving personal gain, 11) A pattern of repeated, willful, and intentional failure to carry out materially significant and legally constituted direction of the Chief Executive Officer or the policy decisions of the City Council, 12) Gross misfeasance or gross malfeasance, and 13) "abuse of office or position" as defined in Government Code Section 53243.4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption). For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. If the City terminates for cause this Agreement and the services of Employee hereunder, the City shall have no obligation to pay severance. (b) Termination by Chief Executive Officer Without Cause By providing Employee at least thirty (30) days' prior written notice thereof, the City may terminate Employee without cause. In the event Employee is terminated without cause, Employee expressly agrees that they shall not be entitled to any severance pay as the result of the termination of this Agreement except as provided in Section 4.1 below. 4.0 SEVERANCE AND WAIVER AND RELEASE 4.1 Severance Pay. In the event the Chief Executive Officer terminates Employee's employment as Housing Manager without cause pursuant to Section 3.4(b) of this Agreement, and if Employee is not otherwise in breach of the terms of this agreement, and if Employee executes a written waiver of any and all claims the Employee may have against the City, including but not limited to, a Civil Code Section 1542 waiver, then and only then the City shall pay a lump sum cash payment equal to three (3) months base salary,with no benefits included in the severance calculation ("Severance Pay") to Employee. Only base salary will be used to calculate the three months' severance. However, the City shall be relieved of its obligation to pay Severance Pay if Employee is terminated for malfeasance in caliying out the duties obligated under this Agreement or if the Employee is convicted of any illegal act involving moral turpitude or personal gain or if Employee reflises to sign a complete waiver releasing the City of any and all claims the Employee may have against the City. Employee shall also be entitled to any accrued compensable leave as Employee may have accumulated, subject to Section 6 of this Agreement and consistent with the Unclassified Managers Benefits Matrix and/or City Personnel Rules. 4 4.2 No Severance Pay if Termination for Cause or Initiated by EmpLpy! e. As provided in Section 3.4(a), should Employee be terminated for cause, the City shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3.3, should Employee initiate termination of this Agreement, the City shall have no obligation to pay the severance provided for in Section 4.1 above. 4.3 Sole Riahts. The severance rights provided in this Section 4.0 shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause. Employee expressly waives any and all other rights with respect to severance pay except as provided herein. 5.0 PERFORMANCE EVAI.,UATIONS 5.1 Pur se. The performance review and evaluation process set forth herein is intended to provide review and feedback to Employee so as to facilitate a more effective management of the City's personnel. Nothing herein shall be deemed to alter or change the employment status of Employee (as set forth in Section 1.3 above), nor shall this Section 5.0 be construed as requiring "cause" to terminate this Agreement, or the services of Employee hereunder. 5.2 Annual Evaluation. The Chief Executive Officer shall review and evaluate the performance of Employee, as drafted by the Community Development Director, annually within thirty (30) days after each anniversary of the Effective Date. In addition, Employee shall submit for the Chief Executive Officer's and Community Development Director's consideration at those times established by the Chief Executive Officer, but at least annually, Employee's proposed performance goals and objectives and incorporate the Chief Executive Officer's suggestions. Such review and evaluation shall be conducted concurrently with an annual salary review, and in accordance with the purpose noted in Section 5.1 above. 5.3 Written Summ . The Chief Executive Officer and/or the Community Development Director may, at his/her sole discretion, elect to provide a written sunnuary of each performance evaluation to Employee within two (2) weeks following the conclusion of the review and evaluation process, and may, at his sole discretion, schedule at least one (1) closed personnel session with Employee to deliver and discuss the evaluation. 6.0 BENEFITS 6.1 Provision of Benefits. The Employee shall receive all fringe benefits as are defined in the City of Baldwin Park's Unclassified Manager's Benefits Matrix, Effective July 1, 2021, as approved by the City Council, attached as "Exhibit" C. 6.2 Chang_es to Benefits. To the extent the benefits enumerated in this Section 6.0 are increased, decreased, modified, or eliminated by the City Council, said increase, decrease, modification or elimination of said benefits shall be applicable to Employee at the time it becomes effective. 7.0 PROFESSIONAL DEVELOPiYIENT 7.1 Membersbip. The City encourages Employee's continued professional development and shall provide payment of appropriate related costs for such activities, including membership in relevant professional organizations, as approved by the Chief Executive Officer. 7.2 Out -of --Town NLLegj r_& Seminars. The City agrees to reimburse Employee the actual cost for registration, travel, lodging, meals, and other expenses incurred by Employee while attending overnight, out-of-town meetings or seminars related to her employment with the City, in accordance with the City's policies for expense reimbursement. Moreover, to be eligible Employee musthave budgeted funds available for same; provided, however, that the Chief Executive Officer and/or the Community Development Director may, in his/her sole discretion, approve such unbudgeted expenditures if s/he deems it in the best interests of the City. 7.3 Local Meetings & Seminar . The City agrees to reimburse Employee the actual cost of registration, -meals, and other expenses necessarily incurred while in attendance at local meetings or seminars related to her employment with City in accordance with the City's policies for expense reimbursement. 7.4 Incidental Expenses. The City agrees to reimburse Employee the actual cost of those incidental expenses necessarily incurred by Employee while engaged in the business of the City upon the presentation of an appropriate receipt therefor, in accordance with the City's policies for expense reimbursement. 7.5 Anrc�y i�by Chief Executive Officer. To be eligible to receive reimbursement for the memberships and travel and other expenses incurred pursuant to this Section 8.0, Employee shall obtain advance approval of the Chief Executive Officer or his/her designee. 8.0 BONDS AND PiDEii��CATION 8.1 jde�rnmf cation. To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee's services under this Agreement. This sections att not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of the services provided by Employee under this Agreement, or any other intentional or malicious conduct or gross negligence of Employee. 8,2 lJong gla. City shall bear the full cost of any fidelity or other bonds, which may be required in the performance of Employee's services under this Agreement. 9.0 GENERAL PROVISIONS 9.1 Entire Agr m n . This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to Employee's employment by the City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or 6 otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either party. 9.2 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing, which amendment shall require City Council approval, except where Chief Executive Officer approval is expressly authorized herein: 9.3 Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by United States Postal Service, postage prepaid and addressed as follows: To Ci : To Employ Chief Executive Officer (CEO) Imelda Delgado City of Baldwin Park [On file with Human Resources Division.] 14403 E. Pacific Avenue Baldwin Park, California 91706 Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service. 9.4 Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee's duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1125 of the Government Code, and all other similar statutory and administrative rules. 9.5 Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. 9.6 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force tivithout being impaired or invalidated in. any tray_ 9.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution and delivery by each party hereto. 9.9 AB .I344. Assembly Bill 1344, which was subsequently enacted as Government Code §§ 53243 - 53243.4, sought to provide greater transparency in local government and institute certain limitations on compensation paid to local government executives. These statutes also require that contracts between local agencies and its employees include provisions 7 requiring an employee who is convicted of a crime involving an abuse of her office or position to provide reimbursement to the local agency for the following forms of payment: (i) paid leave salary; (ii) criminal defense costs; (iii) cash settlement payments; and (iv) any non -contractual settlement payments. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter. Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement: §53243. Reimbursement of paid leave salary required upon conviction of crime involving office or §53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position. §53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position. §53243.3. Reimbursement of noncontractual payments upon conviction or crime involving office or position. §53243.4, "Abuse of office or position" defined. Employee represents that Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee, including that Employee agrees that any cash settlement or severance related to the termination that Employee may receive from the City shall be fill ly reimbursed to the local agency if Employee is convicted of a crime involving an abuse of her or her office or position. The Government Code provisions referenced in this section are attached hereto in Exhibit `B". 9.9 LnAep&UdgnLLqgW Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal of ect of this Agreement, or had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the party or its representatives who drafted it: or who drafted any portion thereof. [Signatures on following page] 0 a IN WITNESS WHEREOF, the City of Baldwin Park has caused this Agreement to be signed and executed on its behalf by its Chief Executive Officer, and duly attested by its officers thereunto duly authorized, and Employee has signed and executed this Agreement, all in triplicate. ATTEST Christopher Saenz, City Clerk Date APPROVED AS TO FORM Marco Martinez, City Attorney Date CITY OF BALDWIN PARK Emmanuel J. Estrada Mayor E Date rile lda-Delgado ` �t�7.. Date CITY OF BALDWIN PARK To manage, supervise, plan and coordinate the activities and operations of the City's Housing Authority and Programs including CDBG, Section 8, housing rehabilitation program, first time home buyer program and housing development; to plan, negotiate, and implement complex housing development projects in the City; to coordinate assigned activities with outside agencies and the general public; to provide highly responsible and complex staff assistance; and to do other work as needed. SUPERVISION RECEIVED AND EXERCISED • Receives general administrative direction from the Community Development Manager/Director. • Exercises direct supervision over professional, technical, and clerical staff. EXAMPLES OF DUTIES (Depending upon assignment, duties may include:) • Assume management responsibility for all services and activities of the Housing Authority of the City. • Participate in all phases of City-wide housing programs including the planning, budgeting, and implementation of activities related to Section 8, housing rehabilitation, first time home buyers program and housing developments. • Coordinate housing programs and CDBG activities with other divisions, departments, outside financial institutions and state and federal agencies. • Assist in the developments and implementation of goals, objectives, policies, and priorities for all housing programs. • Continuously monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; assess and monitor workload; identify opportunities for improvement; identify possible new housing programs according to public interest as necessary. • Identify mixed -use opportunities for improving the City's housing stock and provide professional advice and assistance to developers and property owners on strategies for housing development. • Develop, plan and supervise a comprehensive housing assistance program involving federal, state, and private funding sources. • Provide responsible technical and professional staff assistance to the Housing Authority, Community Development Manager, City Council and City Manager. HOUSING MANAGER CLASS SPECIFICATIONS ADOPTED 6/18/2008 PAGE 1 HOUSING MANAGER • Maintain confidential financial information and establish project files. ESSENTIAL FUNCTIONS • Supervise and perform technical analysis and interpretation of pertinent housing, demographic, and physical data relating to housing development. • Prepare reports and make presentation to the City Council, City management and various community groups. • Select, train, motivate, supervise and evaluate housing personnel; provide or coordinate staff training; work with employees to correct deficiencies; implement discipline and termination procedures. • Serve as liaison for the Housing Authority with other City departments, divisions and outside agencies; negotiate and resolve significant and controversial issues. • Represent the Housing Authority to other City departments, elected officials and outside agencies, explain and justify and defend Housing Authority programs, policies and activities; negotiate and resolve sensitive, significant and controversial issues. • Responds to and resolve difficult and sensitive citizen inquiries complaints. • Perform such other duties as may be required from time to time by the Community Development Manager/Director QUALIFICATIONS • Knowledge of: o Thorough working knowledge of operational characteristics, services and activities of a municipal housing program. o Thorough working knowledge of pertinent Federal, State and local laws and regulations including CDBG, LowMod Housing Set -Aside and related regulations. o Thorough working knowledge of principles of municipal budget preparation and control. o Principles of supervision, training and performance evaluation. o Customer service needs delivery. HOUSING MANAGER CLASS SPECIFICATIONS ADOPTED 6/18/2008 PAGE 2 HOUSING MANAGER Ability to: o Provide administrative and professional leadership and management for the Housing Authority. o Negotiate and manage contracts with consultants and developers. o Interpret, apply and explain CDBG, LowMod Housing Set -Aside policies and procedures. o Prepare clear and concise reports, memorandums, applications and other documents. o Be a team leader and team player. o Establish and maintain effective working relationship with those contacted in the course of work including a variety of City and other government officials, community groups, and the general public. *%JA 1.11AM114_1LlU14D11Le-AIRP►IJ11 1-111i•IIL[�l Any combination of experience and education/training that would likely provide the required knowledge and abilities is qualifying. • Experience: o Five years of experience in the administration or implementation of housing -related programs or general real estate. • Education/Training: o Equivalent to a Bachelor's degree from an accredited college or university with major course work in urban planning, redevelopment, real estate, public or business administration, or a closely related field; or, o Equivalent to a Public Housing Manager Certificate, including training in urban planning, redevelopment, real estate, public or business administration, or a closely related field. LICENSE o Possession of a valid Class C California driver's license. HOUSING MANAGER CLASS SPECIFICATIONS ADOPTED 6/18/2008 PAGE 3 Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 UNCLASSIFIED MANAGERS BENEFITS MATRIX Ir 0IITG a, IU I I1►Y 8 ] COST OF LIVING ADJUSTMENTS The following unadjusted base salary shall receive the following: COLA Effective July 1, 2021 - 2% COLA plus - $5,000 premiuin Effective July 1, 2022 — 3% COLA Effective July 1, 2023 - 3% COLA INSURANCES/SUPPLEMENTAL WANE PAYMENTS Benefits Plan Effective the first full pay period commencing on or after July 1, 2017, the maximum amount of monies that are eligible for cash out shall be capped at $1,200 per month. Effective the first full pay period commencing on or after July 1, 2017, the City's contribution to medical and dental premiums shall be increased to $1,400 per month. The employee is required to maintain a minimum coverage for himself/herself in a plan of their choice unless the employee can show proof they have adequate health insurance coverage through another source. In instances where the employee's medical insurance premium is less than the City's monthly contribution, such employee will have an option to have the excess monies placed toward an existing benefit program. These options include: 1. Placement in a City provided health insurance plan for self, two (2) party or family coverage; 2. Placement in a City provided dental insurance plan for self, two (2) party or family coverage; 3. Placement spread over a combination of the options listed above; 4. Elect to receive any excess monies in cash, which will be considered as taxable income; or 5. Elect to place the excess cash monies in a City provided deferred compensation program. Vision Plan Effective the first full pay period commencing on or after July 1, 2017, the City will provide a vision plan to all affected employees, and will contribute up to a maximum premium cost of $37.55 per month. If the premium exceeds the amount, then the employee shall be responsible to pay the difference in excess of$37.55. Page 1 of 7 Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 Life Insurance The City will provide term life insurance in the face amount of $60,000 effective April 6, 2016. The City will provide a supplemental life insurance program to enable employees to purchase additional life insurance at the employee's cost and no contribution from the City. Long -Term Disability and Short Term Disability The City will provide each employee with long-term disability insurance coverage as set forth in the plan on file in the Human Resources Office. Effective June 1, 1993, affected employees will be eligible to receive benefits commencing on the 31 st day of non -work related injury or illness, and employees will be eligible to receive a maximum benefit of 66 2/3% of their current base salary up to a maximum of $5,000 per month. RETIREMENT Employees Hired Before January 1, 2013 The City contracts with the State of California Public Employees Retirement System (CalPERS) for the classifications contained in this agreement. The plan shall include the following options: 1. 2.7% @ 55 retirement formula (Government Code §21354.4); 2. Single highest year final compensation (Government Code §20042); 3. Military service credit as public service option (Government Code §21024); 4. 1959 Survivors Benefit Level I for which each employee contributes ninety-three cents ($.93) per pay period (Government Code §21571); 5. Pre -Retirement Death Benefits to continue after remarriage of survivor (Government Code §21551); 6. 2% Annual Cost of Living Allowance (Government Code §21329); 7. The City agrees to contract with CalPERS to include 1959 Survivors Benefit Level IV; and 8. $500 Retired Death Benefits. In accordance with City Resolution 2015-094, effective October 25, 2015, employees will pay 100% of the employee's membership contribution to the California Public Employees Retirement System (CalPERS). All such employee contributions shall be deposited in the member's retirement account. New CalPERS Members Hired On or After January 1, 2013 The City contracts with the State of California Public Employees Retirement System (CalPERS) for the classifications contained in this agreement. The plan shall include the following options: 1. 2% at 62 formula (Government Code §7522.20); 2. Three (3) year average final compensation period (Government Code §20037); Page 2 of 7 Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 3. Pre -Retirement Death Benefits to continue after remarriage of survivor (Government Code §21551); 4. Military Service Credit as Public Service (Government Code §21024); 5. 1959 Survivors Benefit Level I for which each employee contributes ninety-three cent ($.93) per pay period (Government Code §21571); 6. 2% Annual Cost of Living Allowance (Government Code §21329); 7. Employees will pay 50% of the normal cost, currently 5.5% member contribution to CalPERS; 8. The City agrees to contract with CalPERS to include 1959 Survivors Benefit Level IV; and 9. $500 Retired Death Benefits Retiree Health Benefit Plan for Employees Hired Before July 1, 2020: For all employees hired prior to July 1, 2020, if upon retirement from the City, the employee enrolls in the City's CalPERS medical care plan, the City will pay the minimum employer contribution to CalPERS that is required by Government Code Section 22892(b). In addition, the City will cover the premium cost for retiree -only coverage in the retiree's chosen medical plan. Effective the first full pay period following the date of MOU approval by City Council the Health reimbursement Account (HRA) will be terminated. Retiree Health Benefit Plan for Employees Hired on or After July 1, 2020: For all employees hired on or after July 1, 2020, if upon retirement from the City, the employee enrolls in the City's CalPERS medical care plan, the City will pay only the minimum employer contribution to CalPERS that is required by Government Code section 22892(b). BILINGUAL PAY Effective the first full pay period commencing on or after July 1, 2017, the City agrees to increase the bilingual pay amount from one hundred dollars ($100.00) to one hundred fifty dollars ($150.00) per month to a persona who is capable of speaking, reading, writing and/or interpreting the language of Spanish, Chinese, Japanese, Vietnamese, Tagalog, and Signing. Qualifying test established by the City shall make determination of capability. Re -testing of individuals will be required to determine bilingual capability in the above stated languages. Only those individuals who score at the level of "Good" or better will be eligible for bilingual pay. Effective the first full pay period commencing on or after July 1, 2017, the City will provide an Executive employee an amount of $100.00 per month to obtain and maintain access to personal electronic communication devices (smart phones, tablets, laptops, etc.) also used for City business. Page 3 of 7 Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 LONGEVITY PAY Effective the first full pay period following the date of MOU approval by City Council the City agrees to provide a monthly longevity premium to each eligible employee as follows: Years of Service Monthly Premium Five (5) — Nine (9) Years $50 Ten (10) — Fourteen (14) Years $100 Fifteen (15) — Nineteen (19) Years $150 Twenty (20) — Twenty-four (24) Years $200 Twenty-five (25) Years or more $250 Part-time longevity will be applied at fifty percent (50%). For example, one year of part-time work cannot count for more than one half year of longevity. Employees hired full-time after July 1, 2020 will not receive part-time credit for longevity. This section is effective upon ratification and shall not result in back pay or retro pay. ATTENDANCE AND LEAVES Sick Leave The general policy for sick leave will be as set forth, for all full-time employees, in Section 11.4 of the Personnel Rules. Sick leave will accrue at the rate of 3.6923 hours on a biweekly basis and shall be debited on an hourly basis. Each eligible employee shall elect his/her maximum sick leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at a higher level than their closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee will be irrevocable. Once the election is made by the employee, such excess hours will be removed from the employee's sick leave hours accrual, calculated at their then straight time hourly rate and placed into a sick leave hours bank to be paid at 75% of the total value, with the timing and method of payment to be determined by the City. When an employee's service with the City is terminated for any reason, no compensation shall be paid for the unused sick leave. Page 4 of 7 Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 Annual Sick Leave Incentive Sick leave shall accrue on hourly basis of eight (8) hours per month and shall be debited on an hourly usage basis. Each January 1, eligible employees will commence to accrue sick leave hours above their prior elected sick leave hours bank (300, 600 or 900). At the close of the calendar year, each eligible employee will receive 75% of the unused portion of sick leave hours as compensation, calculated at their then straight time hourly rate. Payment will be made at the next closest pay period. Bereavement Leave Each classification represented by the Association shall receive the equivalent of their workweek per incident, as needed, for a death in their immediate family. Immediate family shall mean and include only the employee's spouse, children, stepchildren, foster children, grandchildren, parents, grandparents, brothers, sisters, State Registered Domestic Partner and spouse's Parents and spouse's grandparents. Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave for bereavement is provided. Vacation Employees will be entitled to utilize accrued vacation leave after completion of six (6) months continuous employment with the City. Employees may be eligible to utilize accrued vacation leave at an earlier time, upon written request to and approval of their department head. The times during which an employee may take his/her vacation leave shall be determined by the department head with due regard for the wishes of the employee and for the needs of the service. Employees shall, each calendar year, be required to take a minimum of forty (40) consecutive hours vacation leave. In addition, an employee may, with approval of the appointing authority, use vacation leave in lesser increments during the calendar year. Employees may accumulate up to a maximum of two (2) vacation periods in any one calendar year for the purpose of a vacation leave. A vacation period is defined as the maximum amount of vacation leave accrued by an employee in any calendar year, in accordance with Subsections (a), (b), (c), (d) and (e), as stated below. a. Employees having less than five (5) years of employment (vacation accrual = 96 hours per year) the maximum amount of vacation that may be accumulated shall be 192 hours. b. Employees having more than five (5) years of service but less than ten (10) years of employment (vacation accrual = 1.20 hours per year), the maximum amount of vacation that may be accumulated shall be 240 hours. c. Employees having more than ten (10) years but less than fifteen (15) years of employment (vacation accrual = 1.44 hours per year), the maximum amount of vacation that may be accumulated shall be 288 hours. Page 5 of 7 Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 d. Employees having more than fifteen (15) years but less than twenty (20) years of employment (vacation accrual = 168 hours per year), the maximum amount of vacation that may be accumulated shall be 336 hours. e. Employees having over twenty (20) years of employment (vacation accrual 192 hours per year). The maximum amount of vacation that may be accumulated shall be 384 hours. If the employee, because of business necessity, is not able to utilize excess accrued vacation hours, upon written request to and approval of the Department Head, an employee will be given an extension in order to take his/her vacation. In cases where the employee forfeits vacation leave time at the request of the City, upon approval of the Chief Executive Officer or designated representative(s), said employee shall be compensated for forfeited vacation leave time at the employee's current rate of pay. It is the employee's responsibility to schedule vacation time well in advance to avoid forfeiting his/her vacation or to avoid any conflicts. Business necessity is defined as an urgent operational need requiring the employee's presence, as determined by the Department Head, Human Resources Manager and City Manager. Human Resources will send out an email reminder on a semi-annual basis reminding employees to routinely check their vacation balances online to determine if they are at a use or lose status. In the event a legal holiday falls during a vacation leave, such holiday shall not be charged as vacation leave, and the vacation leave shall be extended or accredited accordingly. Employees who separate from the service of the City shall be eligible to receive compensation for all unused, accrued vacation leave. Administrative Leave Effective the first pay period including July 1, 2017,.each employee shall receive a maximum of eighty (80) hours of administrative leave with pay each fiscal year. The use of such leave shall be at the reasonable discretion of the employee. Unused time at the end of each fiscal year, June 30, will be paid during the following month of July with said time being calculated at their then straight time hourly rate. Holidays For employees working a 4/1.0 plan, the following days shall be observed as holidays: January 1st, the third Monday in February; the last Monday in May; July 4th; the first Monday in September; November 1 Ith; the fourth Thursday in November; December 24th; December 25th; and such other days as may be designated as holidays by motion of the City Council. Page 6 of 7 Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 If any of the foregoing holidays falls on a Friday and/or Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. Floating Holiday Employees working a 4/10 plan will receive two (2) ten (10) hour days of floating leave, for a total of twenty (20) hours. Holiday At the beginning of each calendar year, the City will determine how many of the set holidays fall on a Friday and/or Saturday. An employee will be credited with an equivalent number of hours of holiday time ("holiday bank"). Each affected employee will also be credited with the above floating holidays. The actual date for the use of such leave shall be subject to the approval of the Chief Executive Officer. This holiday bank leave can be used in hourly increments and combined with other leave. Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank time. If an employee, because of business necessity, is not able to utilize accrued holiday bank hours, upon written request to, and approval of the Chief Executive Officer, the employee will be paid for any excess hours over his/her maximum holiday bank hours accrual. Each January 1, such excess hours will be removed from the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid not later than June 30 of the same year. If an employee separates employment from the City, and has used holiday bank time prior to the occurrence of the actual holiday, he/she will have his/her vacation bank, administrative leave and/or final paycheck reduced to reflect the excess holiday bank time used. If an employee separates employment from the City, and has not used any eligible accrued holiday bank time, he/she will be paid for such eligible holiday bank time at his/her straight time rate. Effective the first full pay period commencing on or after January 12, 2020, the City will contribute $150.00 per month to each employee into a City sponsored defined contribution retirement plan. Page 7 of 7 ITEM NO. 4 TO: Honorable Mayor and Members of the City Council TEE.` FROM: Enrique C. Zaldivar, City Manager 'SAN �AgR'e�.�o Marco A. Martinez, City Attorney � VA �..�EY � �; ,,a JAWS Rosa Caballero, Executive Secretary DATE: February 1, 2023 SUBJECT: Adoption of Resolution No. 2023-003 for City Council Appointments of Official Representatives and Alternates to Various Agencies/Organizations SUMMARY City Council official representation in several agencies and organizations where the City is a Member by action of the City Council where representatives and alternates are appointed by the City Council by Resolution. The 2023-2025 resolution is herein presented for approval. RECOMMENDATION It is recommended that the City Council nominate and appoint by a roll -call vote the official designated representatives and alternates and adopt Resolution No. 2023-003, the names of selected delegates will be added to the Resolution in a final format with the certified votes and appropriate signatures. FISCAL IMPACT None BACKGROUND Maintaining an active and participatory engagement in regional government affairs is paramount to the furtherance of the business interest of the City. Sharing and learning of best practices in city government is part and parcel of the participation in the many organizations that the City is a member in good standing. The City is a member of regional government districts like the LA County Sanitation Districts and the San Gabriel Valley Mosquito and Vector Control District where our membership is obligatory. DISCUSSION One new organization is added to the list of organizations: the Community Collaborative Committee, a joint committee made up of the City of Baldwin Park and the Baldwin Park Unified School District (BPUSD). In previous years, this group had been unofficially referred to as the 2 plus 2 Committee. It had been mostly dormant for the last three years, it is the intent of both entities to fully reactivate it with so many areas of collaboration and mutual interests at hand, under the official name of the Community Collaborative Committee (CCC). While the City had participated in it in the past, the official designation of the City Council delegates had not been included in the resolution, until now. The draft Resolution attached herein includes suggested nominees for some of the organizations Page 1 / 2 intended only as a suggestion by the Chief Executive Officer for City Council consideration. The Final Resolution will be brought forth in a future City Council meeting for a Receive and File action. ALTERNATIVES None Gi k or tap here to eater text. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Draft Resolution No. 2023-003 Official Representatives and Alternates for 2023-2025. Page 2/2 RESOLUTION NO. 2023-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY WHEREAS, it is the Council's desire to review and/or amend the existing appointments; and WHEREAS, Resolution No. 2020-065 adopted December 16, 2020 and all other Resolutions inconsistent herewith are hereby repealed and rescinded. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Water Association — Quarterly luncheon held in various locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Council Member Paul C. Hernandez Alternate: Ma or Emmanuel J. Estrada Section 2. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County Sanitation District Nos. 15 & 22 — 4t" Wednesday at 1:30 p.m.; Joint Administration Office (MEMBERS RECEIVE A STIPEND — $125 per meeting) Existing Appointees New Appointees Representative: Mayor Emmanuel J. Estrada Alternate: Council Member Monica Garcia *Appointment of Mayor required by Sanitation District Section 3. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the League of California Cities — Los Angeles County Division — 1st Thursday at 6:00 p.m.; various locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Council Member Ale'andra Avila Alternate: Council Member Daniel Damian Section 4. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Civil Defense Area "D" General Membership Meeting — 3rd Thursday at 8:30 a.m.; Area D Office (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Chief of Police Chief of Police Alternate: Ma or Emmanuel J. Estrada Section 6. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association — 2„d Tuesday at 7:00 p.m.; rotating Council Chambers (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Council Member Paul C. Hernandez Alternate: Council Member Ale'andra Avila Section 7. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association Lease Finance Authority — As Needed Basis in various times/locations (MEMBERS RECEIVE A STIPEND — $150 per meeting) Existing Appointees New Appointees Representative: Council Member Daniel Damian Alternate: Chief of Police Chief of Police Section 8. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County — City Selection Committee — As Needed Basis in various times/locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Mayor Emmanuel J. Estrada Alternate: Council Member Monica Garcia *Appointment of Mayor required by State Law Section 9. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Southern California Association of Governments — Annual Conference in the month of May (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Council Member Monica Garcia Alternate: Council Member Paul C. Hernandez Section 10. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Foothill Transit Zone — Last Friday of the Month at 7:45 a.m.; Foothill Transit Administrative Offices (MEMBERS RECEIVE A STIPEND — $161 per meeting) Existing Appointees New Appointees Representative: Council Member Daniel Damian Alternate: Ma or Emmanuel J. Estrada Section 11. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the California Contract Cities Association (CCCA) — 3rd Wednesday at 6:00 p.m. in various locations (MEMBERS RECEIVE A STIPEND — No) Existing Appointees New Appointees Representative: Council Member Monica Garcia Alternate: Ma or Emmanuel J. Estrada Section 12. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Governing Board of the San Gabriel Valley Mosquito and Vector Control District-2"d Friday at 10:00 a.m. in the District Office (MEMBERS RECEIVE A STIPEND — $100 per meeting) Existing Appointees New Appointees Representative: Mayor Emmanuel J. Estrada Alternate: *Not required Section 13. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Council of Governments — 3rd Thursdays at 4:00 p.m. at the Foothill Transit Office (MEMBERS RECEIVE A STIPEND — $75 per meeting) Existing Appointees New Appointees Representative: Mayor Emmanuel J. Estrada Alternate: Council Member Danny Damian Section 14. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Community Collaborative Committee — City of Baldwin Park and the Baldwin Park Unified School District — Meets on As Needed Basis (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Reactivate Committee Councilmember Daniel Damian Alternate: Reactivate Committee Mayor Emmanuel J. Estrada Section 15. That the City Clerk shall certify to the adoption of this Resolution and shall forward copies hereof to said committees and organizations. PASSED, APPROVED, AND ADOPTED this 1st day of February, 2023. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Christopher Saenz, City Clerk of the City foregoing Resolution No. 2023-003 was duly Baldwin Park at a regular meeting thereof held adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: CHRISTOPHER SAENZ CITY CLERK EMMANUEL J. ESTRADA MAYOR of Baldwin Park do hereby certify that the adopted by the City Council of the City of on February 1, 2023 and that the same was ITEM NO. 5 TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer 'SAN GAgR'e�.Marco A. Martinez, City Attorney o . QJAN„P�'���' DATE: February 1, 2023 SUBJECT: Discussion, Adoption and Approval of Ordinance No. 1500 to Establish the Measure BP Stakeholders Oversight Committee (SOC) SUMMARY Following approval of Measure BP by Baldwin Park voters in the November 8, 2022, general election, the establishment of an oversight committee was a suggestion both the residents and the Stakeholders Advisory Committee, and it was a pledge that the City Council and the City made that such a would be created. This Report presents the enabling ordinance for the establishment of the Measure BP Stakeholders Oversight Committee (SOC). RECOMMENDATION It is recommended that the City Council approve the attached Ordinance No. 1500 to establish the Measure BP Stakeholders Oversight Committee, as a first reading, adding Sections 35.142 through 35.150 to Chapter 35 of Title 3 of the Baldwin Park Municipal Code. FISCAL IMPACT Staff resources and minimal material and equipment cost will be necessitated to support the SOC, but it will be covered within the existing budget without a fiscal impact. BACKGROUND Measure BP- Transaction and Use Local (Sales) Tax was approved in the November 8, 2022 General Election by nearly 59% of the votes. It is for a % of a cent, or 0.75%. The estimated revenue is projected to be $6 Million per year. And while Measure BP is based on it being a general purpose tax measure, the City Council made a pledge to have complete transparency in the investments, programs, and projects funded by Measure BP by establishing an oversight committee which will be entrusted with providing priority recommendations to the City Council on any and all revenue funds derived from Measure BP. DISCUSSION The Stakeholders Oversight Committee will be created by ordinance, thus codifying its existence and function in the Baldwin Park Municipal Code. It will be made up of seven (7) members, who must be residents of the City of the Baldwin Park at the time of appointment. The following sector categories apply to the SOC members: 0 One (1) Member shall represent a youth sports or arts organization located within the City of Baldwin Park. • One (1) Member shall be a duly ordained member of the clergy. Page 1 / 2 • One (1) Member representing the Baldwin Park Unified School District • One (1) Member representing a duly organized non-profit organization. • Three (3) Members shall be residents from the at -large community in the City of Baldwin Park. The selection of the initial slate of Members shall be made by lottery or a similar method of random drawing. The attached Ordinance contains the specific language on all the provisions applicable to the creation and functions of the SOC. ALTERNATIVES Council may choose to make changes to the Ordinance and continue its first reading to the following City Council meeting. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Ordinance No. 1500 to Establish the Measure BP Stakeholders Oversight Committee (SOC). Page 2/2 A :4 oil l G l ► • 11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADDING SECTIONS 35.142 THROUGH 35.150 TO CHAPTER 35 OF TITLE 3 OF THE BALDWIN PARK MUNICIPAL CODE TO ESTABLISH THE MEASURE BP SALES TAX STAKEHOLDERS OVERSIGHT COMMITTEE WHEREAS, at the November 8, 2022 General Municipal Election, a majority of Baldwin Park voters approved Measure BP, a three-quarters percent (3/4%) local Transactions and Use (Sales) Tax on retail sales occurring in Baldwin Park; and WHEREAS, Measure BP is anticipated to provide Baldwin Park with an additional six (6) million dollars annually in general fund revenues; and WHEREAS, Measure BP funds will be budgeted annually by the City Council for Baldwin Park projects, programs and services; and WHEREAS, the City Council desires to establish the "Measure BP Stakeholders Oversight Committee" ("Committee") consisting of Baldwin Park residents who will advise and recommend to the City Council projects, programs and services to be funded with Measure BP sales tax revenues, and such other duties as prescribed to them by the City Council; and WHEREAS, based upon the recommendations of the Measure BP Advisory Committee, the City Council desires to enact this Ordinance to establish this Committee and to set standards for its membership, organization and operations to best ensure community stakeholder input and representation regarding the allocation and expenditure of sales tax revenue provided by Measure BP. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The recitals above are true and correct and incorporated herein by reference. Section 2. Sections 35.142 through 35.150 are hereby added to Chapter 35 of Title 3 of the Baldwin Park Municipal Code to read as follows: 35.142 - CREATION A "Measure BP Stakeholders Oversight Committee" ("Committee") for the City of Baldwin Park is hereby created. 35.143 — MEMBERSHIP (A) The Committee shall be made up of seven (7) members. 65431.00003\40968 700.3 (B) Members must be over the age of eighteen (18) at the time of appointment. (C) Members must be residents of the City of Baldwin Park at the time of appointment and at all times during service on the Committee. (D) Members must not have been convicted of a felony or misdemeanor financial crime. (E) No current employee or retained consultant of the City, current elected official of the City, or current appointed official of the City, is eligible to serve as a Member. (F) Four Members of the Committee shall be selected from the following categories: (1) One (1) Member shall represent a youth sports or arts organization located within the City of Baldwin Park, including coaches, administrators, or members of the board of the organization. (2) One (1) Member shall be a duly ordained member of the clergy representing a religious institution located within the City of Baldwin Park, including but not limited to a priest, rabbi, pastor or minister of that institution. (3) One (1) Member representing the Baldwin Park Unified School District, which shall include a current teacher or administrator employed by the District, or any current or former member of the District's governing Board. (4) One (1) Member representing a duly organized non-profit corporation or association that is providing social, charitable, educational or similar services within the City of Baldwin Park. While the individual Member from this category must be a resident of the City at all times during Committee service, the organization that member represents need not be located or headquartered within the City as long as it is providing services within the City. (G) The remaining three (3) Members shall be residents duly qualified under this Section, but need not have any organizational affiliation as required by subsection (E) for the other four (4) Members. (H) Two (2) members of the City Council shall serve as liaisons to the Committee, as appointed by the City Council. Liaisons shall have full authority to appear, speak and participate in Committee meetings but shall not have a vote on Committee recommendations. 2 65431.00003\40968 700.3 35.144 - APPOINTMENT AND REMOVAL OF MEMBERS (A) The Chief Executive Officer ("CEO") shall develop a procedure to publicly advertise open positions on the Committee and an application process whereby residents meeting the qualifications set forth in Section 35.143 may request an appointment to serve on the Committee. The application process may include candidates submitting a written questionnaire and a candidate interview process. (B) The initial Members of the Committee shall be selected by lottery or other method of random drawing. The selection shall be performed publicly at a regularly scheduled City Council meeting. For the selection of each of the four (4) Members affiliated with an organization, all candidates within a specific category shall be placed in a random draw and then one Member from that category shall be selected to serve, the process repeating for each category. Any person not randomly selected to represent a category/affiliation shall be included in the random draw for the remaining three Members. For the selection of the remaining three Members, all candidates not yet selected shall be placed in the random draw and the first three persons drawn shall be selected to serve. (C) All subsequent appointments to the Committee shall be made by motion approved by three (3) affirmative votes of the City Council at a public meeting. (D) All Members shall serve at the pleasure of the City Council. The City Council, by motion approved at a public meeting by three (3) affirmative votes, may remove a Member from the Committee. (E) Any vacancies on the Committee, whether due to resignation, removal or other reason, shall be filled within sixty (60) days of the vacancy by a replacement duly appointed by motion approved by three (3) affirmative votes of the City Council at a public meeting. 35.145 - TERM Unless removed, the term of office for Committee Members shall be four (4) years. Members serving partial terms may be appointed to a subsequent full term by motion approved by three (3) affirmative of the City Council at a public meeting. 35.146 - ORGANIZATION Members of the Committee shall nominate and a majority of the Committee shall appoint a Chair and a Vice -Chair from among their current Membership. In the event that no Chair or Vice -Chair is appointed by the Committee, the CEO shall appoint a Chair or Vice -Chair. 3 65431.00003\40968 700.3 35.147 - DUTIES AND RESPONSIBILITIES (A) The primary function of the Committee shall be to provide recommendations to the City Council on City projects, programs and services that should be funded, either in whole or in part, by revenue generated by the Measure BP Transactions and Use (Sales) Tax. (B) The City Council shall consider the Committee's recommendations before making a final decision on spending revenue generated by the Measure BP Transactions and Use (Sales) Tax. (C) The Office of the CEO and the City`s Department of Finance shall track revenues generated by Measure BP and present financial reports to both the Committee and the City Council outlining Measure BP revenues received and spent, as well as City projects, programs and services funded by Measure BP revenues. 35.148 - MEETINGS At its first meeting, The Committee shall establish a regular meeting date and time for its business by resolution, provided that it shall meet on at least a regular quarterly basis. All Committee meetings, whether regular or special, shall be conducted publicly and in accordance with the provisions of the Ralph M. Brown Act codified in Cal. Gov't Code §§ 54950 et seq. The Committee shall keep a record of its proceedings, which shall be open for inspection by any member of the public. 35.149 - COMPENSATION No Committee Member shall receive compensation or a stipend associated with Membership. 35.150 - ADMINISTRATIVE SUPPORT The Office of the CEO, with the assistance of the City Clerk, shall provide administrative services and support to the Committee as appropriate. Section 3. Effective Date. This ordinance shall take effect thirty (30) days after its adoption by the City Council. Section 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. 4 65431.00003\40968 700.3 PASSED, APPROVED, AND ADOPTED ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK day of 2023. EMMANUEL J. ESTRADA MAYOR I, Christopher Saenz, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on , 2023. Thereafter, said Ordinance No. 1500 was duly approved and adopted at a regular meeting of the City Council on , 2023 by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: l jjffj7,W[qffAfWffA,.TW:7Rj ABSTAIN: COUNCIL MEMBERS: CHRISTOPHER SAENZ CITY CLERK APPROVED AS TO FORM: MARCO A. MARTINEZ CITY ATTORNEY 5 65431.00003\40968700.3