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HomeMy WebLinkAbout2012 03 21NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, March 21, 2012 at 6:00 p.m. at City Hall — 3rd Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: March 15, 2012 A Manuel Lozano Mayor AFFIDAVIT OF POSTING 1, Alejandra Avila, City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and to the San Gabriel Valley Tribune, and that I posted said notice as required by law on March 15, 2012. /' � le Alejandra Avila City Clerk AGENDA -T�1 �J,J11 I , JAJ r CITY COUNCIL SPECIAL MEETING Please note time and meeting March 21, 2012 location 6:00 p.m. CITY HALL - 3rd Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 99706 (626) 960 -4011 BALDWI N P - A- Rr K Manuel Lozano - Mayor Susan Rubio - Mayor Pro Tern Marlen Garcia - Council Member Monica Garcia - Council Member Ricardo Pacheco - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FA VON DE APA CAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invite at publico a dirigirse at Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencies nombradas en esta agenda, agenda on any matter posted on the agenda or para hablar sobre cualquier asunto publicado en la on any other matter within its jurisdiction. If you agenda o cualquier tema que este bajo su jurisdiccion. wish to address the City Council or any of its Si usted desea la oportunidad de dirigrrse al Concilio o Agencies, you may do so during the PUBLIC alguna de sus Agencias, podra hacerlo durante el COMMUNICATIONS period noted on the periodo de Comentarios del Publico (Public agenda. Each person is allowed three (3) Communications) anunciado en la agenda. A cada minutes speaking time. A Spanish - speaking persona se le permite hablar por tres (3) minutes. Hay interpreter is available for your convenience. un interprete para su conveniencia. CITY COUNCIL SPECIAL MEETING — 6:00 P.M. CALL TO ORDER ROLL CALL: Council Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tern Susan Rubio and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS 1S 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 andlor schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA Sl REQUIERE LOS SERVICIOS DEL INTERPRETS No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. fCodigo de Gobierno §54954.21 RECESS TO CLOSED SESSION OF THE CITY COUNCIL 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association; Un- represented employees; and part -time employees 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR GC §54956.8 Properties: Commission Negotiators: Negotiating Parties: Under Negotiation: 8413 -014 -900 8460 -005 -900 Vijay Singhal & Joseph Pannone D. C. Corporation Price and terms of payment 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR GC §54956.8 Properties: Situs APN Owner Address 8555 -017 -013 Meruelo Baldwin Park, LLC 13904 Corak St. 8555- 017 -021 Meruelo Baldwin Park, LLC 13853 Garvey Ave. 8555 -017 -026 Meruelo Baldwin Park, LLC 3060 Feather Ave. 8555- 018 -002 Meruelo Baldwin Park, LLC 13822 Garvey Ave. 8555 -018 -003 Meruelo Baldwin Park, LLC 13916 Garvey Ave. Commission Negotiators: Vijay Singhai & Joseph Pannone Negotiating Parties: Meruelo Baldwin Park LLC and Kaiser Permanente Under Negotiation: Price and terms of payment REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting. March 15, 2012. Alejandra Avila City Clerk PLEASE NOTE. Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2"d Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960 -4011, Ext. 466 or via e-mail at Fsalceda @baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) AGENDA BALDWIN PARK CITY COUNCIL REGULAR MEETING March 21, 2012 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 P - A• R- K Manuel Lozano Susan Rubio Marlen Garcia Monica Garcia Ricardo Pacheco - Mayor Mayor Pro Tern - Council Member Council Member W Council Member PLEASE TURN OFF CELL PHONE'S AND PAGERS WHILE MEETING 1S IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiction. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarlos del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un int6rprete pare su con veniencia. Any written? public F'B :�f�Q'.8ic`i�is? tti� �f rTCc'. E. 7`s:.a ���? !'C ,.,� r ;)'7 SC '}::.. lNT ti,,- jin y tj I of the 'ty that is distributed to the City Coim6i} to vv,/;" bp �,�v� l�bie inn- :.�F�,. C'ly Hall in the City Cwrk'4 officeat i "P7 - Tii ?irsday, 7:30 a.m. - 6:00 p.m,) CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tern Susan Rubio and Mayor Manuel Lozano ANNOUNCEMENTS This is to announce, as required by Government Code section 54954.3, members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. (NO STIPEND IS PAID IF MEETING IS CANCELLED) PROCLAMATIONS, COMMENDATIONS & „PRESENTATIONS Certificate of Recognition to the "What Adult Education Means to Me” essay contest Winners and School Instructors • Certificate of Recognition to Mariana Lake for receiving the "Women of Distinction Award ", an award presented by Congress Member Judy Chu PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. (Government Code §54954.21 ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tome accidn en algon asunto a menos que sea incluido en la agenda, o a menos que exista algona emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos Para tomar en consideration en juntas proximas. [Codigo de Gobierno §54954.2] City Council Agenda - March 21, 2012 Page 2 r 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 Counciimember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends City Council receive and file. 2. TREASURER'S REPORT: JANUARY 2012 Staff recommends City Council receive and file the Treasurer's Report for January 2012. (See related Item #1 on the Finance Authority Agenda and Item #1 on the Housing Authority Agenda) 3. FISCAL YEAR 2011 -2012 MID -YEAR REPORT, AS OF JANUARY 2012 Staff recommends City Council review the Mid -year analysislinformation and approve the mid -year revenue and expenditure estimates or provide other direction to staff. 4. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL Staff recommends City Council approve the preparation and presentation of the plaques, proclamations and certificates as outlined in the staff report. 5. ADVISEMENT OF MAYOR'S APPOINTMENT TO THE OVERSIGHT BOARD FOR THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK AND DIRECTION TO THE CHIEF EXECUTIVE OFFICER FOR INTERIM STAFFING AND SUPPORT OF THE OVERSIGHT BOARD The City Council is requested to receive and file this report and concur with the interim staff direction discussed in the report. 6. APPROVAL OF RESOLUTION 2012 -013 AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A CONTRACT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (Caltrans) UPON RECEIPT OF A TRANSPORTATION PLANNING GRANT (MULTI -CITY SAN GABRIEL VALLEY BICYCLE MASTER PLAN) Staff recommends the City Council adopt Resolution No. 2012 -013, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING STAFF TO ENTER INTO A CONTRACT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION UPON RECEIPT OF AN ENVIRONMENTAL JUSTICE PLANNING GRANT FROM THAT AGENCY." 7. APPROVAL OF RESOLUTION 2012 -014 AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A CONTRACT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (Caltrans) UPON RECEIPT OF A TRANSPORTATION PLANNING GRANT (SAFE ROUTES TO SCHOOL PLAN) Staff recommends the City Council adopt Resolution No. 2012 -013, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING STAFF TO ENTER INTO A CONTRACT WITH THE STATE OF City Council Agenda — March 21, 2012 Page 3 CALIFORNIA DEPARTMENT OF TRANSPORTATION UPON RECEIPT OF AN ENVIRONMENTAL JUSTICE PLANNING GRANT FROM THAT AGENCY." 8. RESOLUTION 2012 -011 INITIATING THE PROCEEDINGS AND ORDERING PREPARATION OF THE ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2012 -13 Staff recommends City Council waive further reading, read by title only, and adopt Resolution No. 2012 -011, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE INITIATION OF THE PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE FY 2012 -13 LEVY OF ANNUAL ASSESSMENTS FOR THE CITY OF BALDWIN PARK LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE." 9. RESOLUTION 2012 -012 INITIATING THE PROCEEDINGS AND ORDERING PREPARATION OF THE ENGINEER'S REPORT FOR THE PARKS MAINTENANCE ASSESSMENT DISTRICT FOR FY 2012 -13 Staff recommends City Council waive further reading, read by title only, and adopt Resolution No. 2012 -012, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE INITIATION OF THE PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE FY 2012 -13 LEVY OF ANNUAL ASSESSMENTS FOR THE CITY OF BALDWIN PARK PARKS MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE." 10. REQUEST TO AMEND A TRAFFIC SIGNAL SYNCHRONIZATION AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR RAMONA BOULEVARD CORRIDOR Staff recommends City Council 1) Authorize the Mayor to execute Amendment No. 1 and 2) Authorize the Public Works Director to administer this program and serve as the City's signature authority over this program. 11. POTENTIAL AMENDMENT TO THE TRANSIT CENTER PARKING STRUCTURE CONTRACT TO CONSIDER THE DEDUCTIVE ALTERNATE NO. 8 REGARDING LOWER LEVEL PARKING AND STORAGE Staff Report will be provided as soon as it is available. REPORTS OF OFFICERS CITY COUNCIL ACTING AS SUCCESSOR AGENCY THE COMMUNITY DEVELOPMENT COMMISSION City Council Agenda — March 21, 2012 Page 4 CITY COUNCIL 1 CITY CLERK 1 CITY TREASURER 1 STAFF REQUESTS & COMMUNICATIONS Request by Mayor Lozano for discussion and direction to staff to: • Schedule a study session to discuss the safety of drinking water in the City of Baldwin Park and the process to promptly alert the residents in case of an emergency relating to the quality and safety of drinking water; and invite the water companies serving the City to the study session. Request by Mayor Pro Tem Rubio for discussion and consideration on the following: To create an "Environmental Commission" that can do the following:. Research and make recommendations to the city council on policies that may enhance the quality of Baldwin Park's environment Pursue grant opportunities when we qualify to be a Tree City USA Be responsible for organizing our Annual Arbor Day Celebration Advise the Council on areas in the City with the greatest need for trees and/or tree maintenance Work in conjunction with staff to finalize the Tree Master Plan Request by Counciimember Monica Garcia to inform Council on the following: • Report back on a presentation made by Baldwin Park Junior High students in which they shared their ideas on "El Taller", "The Rink ", "Expressions" and "NBA for Teens." ADJOURNMENT CERTIFICATION I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 15 TH day of March, 2012. r Alejandra Avila City Clerk City Council Agenda — March 21, 2012 Page 5 PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960 -4011, Ext. 466 or via e-mail at Fsaiceda @baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE Ii) City Council Agenda — March 21, 2012 Page 6 t 4 CITY OF BALDWIN PARK 1spi BALDWIN P - A,R - K TO: Honorable Mayor and Members of the City FROM: Lorena Quijano, Finance Director DATE: March 21, 2012 SUBJECT: Warrants and Demands PURPOSE: CITY COUNCIL AGENDA MAR 21 _ STAFF t4V&�T The purpose of this report is for the City Council to ratify the payment of Warrants and Demands against the City of Baldwin Park. BACKGROUND AND DISCUSSION: The attached Claims and Demands report format meets the required information in accordance with the Government Code. Staff reviews requests for expenditures for budgetary approval and for authorization from the department head or its designee. The report provides information on payments released since the previous City Council meeting, the following is a summary of the payments released: 1. The payroll of the City of Baldwin Park consisting of check numbers 194496 — 194534. Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 220313 — 220573 for the r period of February 05, 2012 through February 18, 2012 inclusive; these are presented and hereby ratified, in the amount of $363,782.94. 2. General Warrants, including check numbers 189755 to 189956 inclusive, in the total amount of $564,714.23 constituting 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. Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or designee does hereby certify to the accuracy of the demands hereinafter referred to and to the availability of funds for payment thereof. RECOMMENDATION: Staff recommends City Council ratify the attached Warrants and Demands. 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W c� I b th t+i I to I I W I a W" vc,) P - A - R - K TO: CITY OF BALDWIN PARK CITY COUNCIL AGENDA MAR 2 1 ITEM N0. oZ STAFF REPO Honorable Mayor /Chair and Members of the City Council, Finance Authority, and Housing Authority FROM: Vijay Singhal, Chief Executive Officer/ ecutive Di Lorena Quijano, Director of Finance DATE: March 21, 2012 SUBJECT: Treasurer's Report: January 2012 PURPOSE The purpose of this report is to provide the Treasurer's Report for January 2012. BACKGROUND /DISCUSSION The Treasurer's Report lists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Community Development Commission (CDC). The CDC was eliminated effective February 1, 2012; however, at January 2012, the CDC accounts had not been closed and are reflected in the report as "CDC" monies. The report separates cash into the following three sections: • State of California Local Agency Investment Fund (LAIF) — this is where the majority of the cash is held. Money is kept here until it needs to be transferred to cover the warrants (payments to vendors), payroll, or to pay the various bond payments. • Fiscal Agent Funds - these amounts represent monies held by the various bond holders that are restricted and which have been set aside for future bond payments. • Cash- this section provides the cash balances in the various checking accounts the City uses to pay its on -going payments. The cash balances fluctuate during the year due to the timing of large payments, such as interest and principal for bonds, and due to when the City receives its major sources of revenues (such as sales tax and property tax, which includes taxes related to the CDC) beginning in December and January of each year. Treasurer's Report January 2012 Page 2 FISCAL IMPACT: None RECOMMENDATION Staff recommends that the City Council, Financing Authority, and Housing Authority receive and file the January 2012 Treasurer's Report. ATTACHMENT 1. January 2012 Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT January 31, 2012 INVESTMENT DESCRIPTION INTEREST RATE PURCHASE DATE MATURITY DATE PAR CURRENT VALUE PRINCIPAL BOOK VALUE MARKET VALUE State of California Local Agency Investment Fund City 0.38% Varies Varies 27,855,471.26 27,855,471.26 27,855,471.26 27,855,471.26 Community Develop. Comm' 0.38% Varies Varies 0.00 0.00 0.00 0.00 Housing Authority 0.381/6 Varies Varies 1,644,814.54 1,644,814.54 1,644,814.54 1,644,814.54 29,500,285.80 29,500,285.80 29,500,285.80 29,500,285.80 Fiscal Agent Funds - City Varies Varies Varies 4,480,767.41 4,480,767.41 4,480,787.41 .4,480,767.41 Fiscal Agent Funds - CDC Varies Varies Varies 1,243,234.16. 1,243,234.16 1,243,234.16 1,243,234.16 $ 35,224,287.37 $ 35,224,287.37 5,724,001.57 $ 35,224,287.37 Total Investments $ 35,224,287.37 Cash City Checking 6,846,685.04 City Miscellaneous Cash 53,414.56 Comm. Develop, Comm. 17,833.58 Housing Authority 546,735.63 Financing Authority 0100 Total Cash 7,464,668.81 Total Cash and Investments $ 42,688,956.18 • In accordance with AB X126,the Community Development Commission is dissolved effective January 31, 2012. Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity/purchase transaction made for the month of January 2012 and several deposits/withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., l hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: a Quijano, ance Director CITY COUNCIL AGENDA � MAR 2 1 � � CITY OF BALDWiN PARK Sf BALDWIN P -A- R, K TO: Honorable Mayor and City Council Members FROM: Vijay Singhal, Chief Executive Offic Lorena Quijano, Director of Finance h DATE: March 21, 2012 SUBJECT: Fiscal Year 2011 -2012 Mid Year Report, as of January 2012 PURPOSE The purpose of this report is to discuss the Fiscal Year 2011 -2012 Mid -Year budget performance. BACKGROUNDIDISCUSSION Overview Overall, the budget performance of the General Fund is as anticipated. The adopted budget for FY 2011 -2012 was $68,210,280 with a General Fund budget of $24,252,780. The General Fund expenditures (after transfers) exceeded revenues by $589,730. In the last couple of years, the nation experienced the greatest economic crisis since the great depression. Unfortunately, the nation has not yet recovered and growth is slow while expenditures continue to increase. While our City had been able to survive the economic crisis without dipping into General Fund Reserves, the increase in PERS rates combined with the decrease in police related revenues forced us to use $589,730 of reserves in fiscal year 2011 -2012. However, using reserves allowed us the opportunity to continue providing key services and programs while avoiding any impacts such as layoff or furloughs to our employees. Subsequent to the 2011 -2012 budget adoption on December 29, 2011, the Supreme Court made the decision to abolish redevelopment agencies effective February 1, 2012, without the option for agencies to submit a "ransom" payment to continue in existence; this further added to the current economic uncertainties. This decision was unexpected and will have adverse financial impacts on all cities; however, the extent of the impact is still being evaluated. There was legislation being proposed to extend the deadline from February 1, 2012 to April 15, 2012; however, that legislation was not successful. Fiscal Year 2041 -2012 Mid -Year Review Page 2 On March 14, 2012, the CALPERS Board approved the recommendation to change the investment rate from 7.75% to 7.50 %. As a result, the rates for Miscellaneous and Safety plans will go up by 1% to 2% and 2% to 3% respectively; the increases will be implemented over a two -year period beginning with July 1, 2013 (fiscal year 2013- 2014). Staff estimates that over the two -year period, the costs would be about by $250,000. It's important to note that these additional costs will be ongoing. Mid -Year Trends The Mid -Year provides an opportunity to evaluate actual revenue and expenditure trends compared to the budget and recommend changes, if any. Staff monitors the revenues and expenditures on a regular basis and the City Council was provided with a brief overview of the City's position in the December 2011 report. This report is based on revenues and expenses as of January 2012. This report consists of following components: 1. General Fund Mid -Year Trends (a) General Fund Revenues (b) General Fund Expenditures and Department Trends 2. Trends for other City Funds 3. Fiscal Year 2012 -2013 Outlook General Fund Mid Year Trends Based on the FY 2011 -2012 Mid -Year trends, the General Fund is expected to use about $576,000, as compared to $589,000, which is about $13,000 better than expected even with revenues coming in below projections of about $364,000_ As described more in detail below, the General Fund revenues are anticipated to be lower than budget by about $364,000 primarily due to 1) a decrease in police revenues related to the receipt of parking citations coupled with a decrease in revenues received from impounds and 2) due to Taxes such as Utility Users Taxes and Business License Taxes. The decrease would have been greater but sales tax revenues are coming in better than projected. Other areas that helped alleviate the decrease are temporary savings in personnel costs related to about six sworn vacancies that were not filled throughout the year. Fiscal Year 2011 -2012 Mid -Year Review Page 3 The following table provides an overview of the anticipated General Fund performance based on current trends: General Fund Adopted Annual Budget YTD Revenue/ Ex enditures Projected June 30, 2012 Projected vs. Adopted Budget Revenues (including Transfers In 23,663,050 11,551,963 23,298,440 364,690 Expenditures includinq Transfers Out 24,252,780 13,036,369 23,874,980 377,800 Surplus Deficit 589,730 1,484,398 576,540 13,190 A more detailed analysis of revenues and expenditures is included in following segments. General Fund Revenues: Revenue sources at January 2012 are expected to be lower than projected by approximately $364,610. The projections as of June 30, 2012 are therefore based on trends available at this time and any of these estimates may change if trends change in the upcoming months. It is important to keep in mind that revenues are not received evenly throughout the year and most of the larger revenues come in January, at which time the City also receives any revised projections from the County and/or the State. However, we have to keep in mind that even as of February, Sales Tax revenue trends available are for September 2011 only and Franchise Tax receipts from utilities will not be available until April 2012 since the majority of these come in quarterly. The following four revenues sources comprise the major General Fund Revenues: Category Adopted Annual Budget YTD Revenue Projected June 30, 2012 Projected vs. Adopted Budget Taxes 19,488,400 9,551,250 19,342,340 - 146,060 Police Revenues 1,998,820 771,091 1,743,420 - 255,400 Construction Revenues 890,500 477,290 890,500 0 Other Revenues 1,285,330 752,332 1,322,180 36,850 Subtotal 23,663,050 11,551,963 23,298,440 - 364,610 Transfers In 0 0 0 0 Grand Total 23,663,050 11,551,963 23,298,440 - 364,610 The above chart has been expanded further below in order to provide a better overview of some of the significant revenues fluctuations that are anticipated (a complete list of all General Fund Revenues is also attached)_ Fiscal Year 2011 -2012 Mid -Year Review Page 4 Category Adopted Annual Budget YTD Revenue Projected ,tune 30, 2012 Projected vs. Adopted Budget Property Tax in Lieu of Vehicle License Fees** 6,238,400 3,107,670 6,215,340 - 23,060 Sales Tax** 5,025,000 2,285,148 5,125,000 100,000 Property Tax ** 3,120,000 1,237,343 3,120,000 0 Franchise Tax Non - Police ** 1,850,000 1,218,086 1,850,000 0 Utility Users Tax** 2,450,000 1,117,767 2,267,000 - 183,000 Other Revenue 1,236,350 870,660 1,217,800 - 18,550 Business License Tax ** 580,000 339,024 540,000 - 40,000 Vehicle Code Fines (negative offset by vendor credits) * 771,000 311,075 700,000 - 71,000 Construction Permits 500,000 300,037 500,000 0 Building Plan Check Fees 290,000 126,934 290,000 p Parking Citations * 370,000 108,276 300,000 - 70,000 Vehicle Release Fees * 168,000 88,995 155,000 - 13,000 Facility Rental 200,000 87,861 200,000 0 Transient Occupancy Tax ** 225,000 80,529 225,000 0 Franchise Fees - Police * 156,000 61,916 125,000 - 31,000 Truck Parking Citations * 155,000 44,414 130,000 - 25,000 Permit Issuance Fees 75,000 44,045 75,000 0 Recreation Fees 71,300 43,157 71,300 0 Code Enforcement Cites 85,000 24,826 85,000 0 Engineering Fees 20,000 24,696 30,000 10,000 Zoning Fees 40,000 17,147 40,000 0 Design Review Fees 17,000 8,850 17,000 0 Subdivision Fees 20,000 3,507 20,000 0 Total 23,663,050 11,551,963 23,298,440 - 364,610 * Relates to Police Revenues * *Tax Revenues The following is a brief summary of the major fluctuations, both positive and negative reflected above: Taxes: Taxes are expected to be lower by about $146,060. Mainly this is due to a combination of items. For example, Sales Tax is expected to be higher by about $100,000 based on actual receipts and are expected to offset the decrease in Utility Users Tax, which is anticipated to be lower by about $183,000. The decrease in collections is due from telephone companies (note that many individuals no longer use phones at home and there is an outstanding issue with how much or what can be taxed for cell phones). In addition to these Fiscal Year 2011 -2012 Mid-Year Review Page 5 major fluctuations, there are also some other items which will be lower such as business license taxes and VLF in lieu of taxes (about $63,000 combined). • Police Revenues: These revenues are estimated to be lower by $255,400. This includes a decrease in franchise taxes from Royal Coaches and Vehicle Release Fees that have been decreasing since August/September 2010 when changes to the DUI checkpoint and impound policies were made. Reductions are also included for reductions in the coilectability of parking citations. • Construction Revenues: Overall these revenues are expected to come within budget since the City had some projects that are currently being completed and /or which were completed during the year. • Other Revenues: Items under other revenues are anticipated to have a positive outcome since there will be both positive and negative results that will offset each other. As noted above some revenue reductions are anticipated to be offset by some revenue increases, thus leaving the net shortfall for the year at $364,610. Ultimately, all departments are expected to closely monitor their departmental revenues to ensure that they come in as budgeted. This includes being responsible for identifying sources such as grants to possibly offset expenditures that could cover revenue shortfalls, if any, so that the net impact is zero. General Fund Expenditures and Department Trends: It is anticipated that by June 30, 2012 the General Fund expenditures will be lower than budget by $377,800 as reflected below: Category Adopted Annual Budget Expenditures as of Jars 2012 Projected June 30, 2012 Adopted vs. Projected Personnel 17,732,660 9,904,183 17,341,858 390,802 Maintenance 805,970 380,277 826,629 20,659 Internal Cha es 1,795,300 1,047,242 1,795,272 28 Contractual 2,475,900 985,344 2,491,897 15,997 Capital 115,000 42,035 91,374 23,626 Total Expenditures 22,924,830 12,359,081 22,547,030 377,800 Transfers Out 1,327,950 677,280 1,327,950 0 Grand Total 24,252,780 13,036,361 23,874,980 377,800 The main reasons for savings in expenditures are due to salary savings as a result of vacant positions in the Police Department. All vacancies are for sworn positions since all non -sworn vacancies were eliminated during the fiscal year 2012 budget process. Fiscal Year 2011 -2012 Mid -Year Review Page 6 The following table provides expenditures projections by department: Category Adopted Annual Budget Expenditures as of Jan 2012 Projected June 30, 2012 Adopted vs. Projected City Council 158,280 96,540 169,693 11,333 Administration 445,230 181,320 405,026 40,204 Human Resources 212,700 115,387 203,137 9,563 Community Development 933,780 515,358 1,002,120 68,340 Police 16,690,590 8,966,835 16,189,578 501,012 Finance 533,930 315,342 557,867 23,937 Non-Departmental 872,300 394,882 806,078 66,222 Public Works 191,430 117,342 199,983 8,553 Recreation 2,886,590 1,656,075 3,013,628 127,038 Total Expenditures 22,924,830 12,359,081 22,547,030 377,800 Transfers Out 1,327,950 677,2840 1,327,950 0 Grand Total 24,252,780 J 13,036,361 23,874,980 377,800 Based on current trends, we anticipate the budget will come in as budgeted as long as vacant positions stay vacant and departments continue to monitor expenditures in order to achieve the savings explained above. Trends for Other City__Funds Other City funds can be placed into the following two categories: • Those funds supported /subsidized by the General Fund. While any shortfall in these funds must be paid for by the General Fund any savings are retained in these funds for future expenditures. These funds include funds such as Gas Tax, Prop A, Park Maintenance Assessment District and Street Lighting and Landscape Maintenance Fund. Based on midyear projections these funds are within budget. • Another set of funds represents restricted funds, where the funds are subject to restrictions for example; Asset forfeiture, grant funds and funds which have legal or other restrictions. No adverse trends are noted in these funds either. No major adverse trends are noted in these restricted funds. Fiscal Year 2012 -2013 Outlook As we begin planning for next year, the City is aware that although there is some economic recovery ahead of us, that recovery will be slow. Since the recovery is sluggish and revenues continue to fluctuate, the City will be adjusting its upcoming revenue projections to reflect any known decreases in revenues. While some taxes Fiscal Year 2011 -2012 Mid -Year Review Page 7 such as Sales Tax are likely to grow modestly, other revenues such as Utility Users Tax and Police Revenues are expected to be lower. As far as expenditures are concerned, there are expected increases in worker's compensation, contractual, personnel costs, retirement, the retiree health benefits and funding to offset the elimination of the Redevelopment Agency. Based on current trends, it is anticipated that for fiscal year 2012 -2013, the General Fund will have approximately a $1 million deficit. Additionally, during the past few years, the City's non -sworn staffing has decreased significantly. In the last budget cycle alone five additional positions were eliminated. As a result, the total non -sworn staffing is lower by 33% as compared to 2006. Several of these are critical positions that are having an impact on current staffing and performance levels and the need to restore these positions must be re- evaluated. However, doing so would require funding and increase the anticipated deficit. Furthermore, this does not account for any funding for retiree health costs required in order to reduce the future liability. These trends suggest that the City will have deficits in the future. In order to combat this situation, the City will need to consider implementing one or more of the following: • Reductions in expenses (Operating and/or Personnel costs) • Leaving Sworn Vacancies Unfilled • Reducing Programs /Services • Changes to Future Employee Benfits • Changes to Current Employee Benefits • Outsource Services • Use of Reserves • New Taxes During the 2012 -2013 budget process, the City Council will be provided with a further analysis of all of these options and their impacts. Summary As discussed above, even though the current trends for fiscal year 2011 -2012 reflect a shortfall in revenues, we anticipate temporary savings in personnel expenditures to offset these revenue shortfalls, which will ensure that we don't dip into the General Reserves over the amount that was approved of $589,730. As we begin our 2012 -2013 fiscal year budget process, we will be exploring all of the options mentioned above in order to combat the new challenges we are facing. Although the City Council authorized a one -time use of reserves for fiscal year 20'11- 20'12, if reductions are not possible and revenues do not increase, staff will be recommending that Reserves are used to cover any gap again in the upcoming year. Fiscal Year 2011 -2012 Mid -Year Review Page 8 .FISCAL IMPACT None; based on year end projections, any projected Revenues declines are anticipated to be offset by savings in expenditures. RECOMMENDATION It is recommended that the City Council review the Mid -year analysis /information and approve the mid year revenue and expenditure estimates or provide other direction to staff. ATTACHMENT 1. General Fund Revenue Detail: January 31, 2012 General Fund Revenue Detail January 31, 2012 Page 1 Attachment 1 General Fund Revenues - As of January 2012 and Proiected as of June 30, 2012 Category Adopted Annual Budget YTD Revenue Projected June 30, 2012 Projected vs. Adopted Budget 4 Taxes -Property Tax 2,770,000 1,237,343 2,770,000 0 - Home Owner's Exemption 25,000 11,509 25,000 0 Public Safe Aug-Prop 172 240,000 104,863 240,000 0 Real Property Transfer Tax 85,000 49,311 85,000 0 Subtotal Property Tax 3,120,000 1,403, 026 3,120,000 0 Sales Tax 5,025,000 2,285,148 5,125,000 100,000 Utility Users Tax 2,450,000 1,117,767 2,267,000 - 183,000 -Prop Tax In Lieu of VLF 6,238,400 3,107,670 6,215,340 - 23,060 Franchise Tax 1,850,000 1,218,086 1,850,000 0 Business License Tax 580,000 339,024 540,000 - 40,000 Transient Occupancy Tax 225,000 80,529 225,000 0 Total Taxes: 19,488,400 9,551,250 19,342,340 . 146,060 4 Police Revenues Franchise Fees - Police 156,000 61,916 125,000 - 31,000 Vehicle Code Fines 771,000 311,075 700,000 - 71,000 Parking Citations 370,000 108,276 300,000 - 70,000 Truck Parking Citations 155,000 44,414 130,000 - 25,000 Vehicle Releases 168,000 88,995 155,000 - 13,000 Subtotal Ma'or Police Revenues 1,620,000 614,676 1,410, 000 -210,000 Booking Fees 25,000 16,325 25,000 0 Cops Ab3229 SLESF 128;120 84,228 128,120 0 Cost Recovery 50,400 2,480 15000 - 35,400 Crossing Guard Program 18,000 0 18,000 0 False Alarms 25,000 600 10,000 - 15,000 Jail Fees Revenue 35,000 27,500 40,000 5,000 LA Impact 16,500 263 16,500 0 General Fund Revenue Detail January 31, 2012 Page 2 Attachment 1 Category Adopted Annual Budget YTD Revenue Projected June 30, 2012 Projected vs. Adopted Budget Police Charqes 40,000 19,912 40,000 0 Police Overtime Reimbursement 40,000 4,057 40,000 0 Witness Fees 800 1,050 800 0 Subtotal Other Police Revenues 378,820 156,415 333,420 45,400 Total Police Revenues: 1,998,820 771,091 1,743,420 - 255,400 Construction Related Construction Permits 500,000 300,037 500,000 0 Building Plan Check Fees 290,000 126,934 290,000 0 Planning Plan Check Fees 5,500 2,767 5,500 0 Subdivision Fees 20,000 3,507 20,000 0 Permit Issuance Fees 75,000 44,045 75,000 0 Total Construction Related: 890,500 477,290 890,500 0 Various Other Revenues Latch Key Childcare 277,000 131,297 240,000 - 37,000 Facility Rental 200,000 87,861 200,000 0 Billboards Revenue 138,000 90,000 138,000 0 Vehicle License Fees 0 40,371 40,370 40,370 Interest Income 15,000 39,445 10,000 -5,000 3% Admin Fee - Pc Loans 600 851 800 200 Abandoned Property Registration 13,000 9,450 13,000 0 Building Permit Fee Sb1473 500 877 900 400 Bp Now Revenue 6,000 1,500 3,000 -3,000 Bus Shelter Advertising 35,000 0 35,000 0 C &D Processing Fees 10,000 0 10,000 0 Code Enforcement Cites 85,000 24,826 85,000 0 Communication Lease Agreement 91,530 52,098 91,530 0 Damage To Ci!y.Property 1,000 86 1,040 40 Design Review Fees 17,000 8,850 17,000 Q General Fund Revenue Detail January 31, 2012 Page 3 Attachment 1 Category Adopted Annual Bud et YTD Revenue Projected June 30, 2011 Projected vs. Adopted Budget Engineering Fees 20,000 24,696 30,000 10,000 NPDES Charges 100 0 100 0 Other Inter ovemmental 18,000 0 18,000 0 Other Licenses & Permits 1,500 1,745 1,700 200 Other Revenue 35,000 378,536 35,000 0 Parade & Carnival 14,000 0 14,000 0 Passport Revenue 5,500 2,325 5,500 0 Pavement Restoration Fees 1,500 7,500 8,000 6,500 Recreation Fees 71,300 43,157 71,300 0 Summer Day Camp 0 1,772 1,770 1,770 Rental Allocation - Housing 40,000 19,999 40,000 0 Residential Development Tax 25,000 27,250 30,000 5,000 Sale Of Property 0 3,497 3,500 3,500 SB 90 Reimbursement 20,000 25,328 25,320 5,320 SB211 Pass Thru 25,000 39,048 39,050 14,050 Sewer Connection Fees 1,000 0 500 -500 Storm Drain Fees 10,000 0 5,000 -5,000 Metrolink Feeder Service 0 448 0 0 Street & Curb Permits 50,000 36,023 50,000 0 Tobacco Retailer Fees 17,800 11,970 17,800 0 Zoning Fees 40,000 17,147 40,000 0 Total Various Other Revenues: 1,285,330 1,127,953 1,322,180 36,850 Subtotal 23,663,050 11,927,584 23,298,440 - 364,610 4 Transfers In 0 0 0 0 Grand Total 23,663,050 11,927,584 23,298,440 . 364,610 CITY OF BALDWIN PARK STAFF CIL AGENDA F, 13ALDWIN % r R•x MAR 21 •n• TO: Honorable Mayor & Members of the Ci FROM: Vijay Singhal, Chief Executive Officer DATE: March 21, 2012 SUBJECT: Proposed Recognitions by the Mayor and City Council. ITEM No. PURPOSE The purpose of this report is to seek approval of the City Council of requests for plaques, proclamations and certificates; and to recap approved emergency requests. REQUESTSIRECAP The following requests for plaques and certificates were received: Time�DafelPlace:of "'.',Date Needed Re u #d, B ,' List of Honorees Presentation, Mayor Lozano Sierra Vista Girl Wrestling 7:00pm /March 215 Certificates recognizing Marisela Fierro Council Chambers 3 -21 -12 & Evelyn Avila for Placing at CIF Girls State Tournament Mayor Pro Tem Baldwin Park Students and 7:00pm /March 21st Certificates Rubio Film Teacher for winning Council Chambers 3 -21 -12 15t Place at the LA Student Media Film Awards Councilmember Mariana Lake, recipient of 7:Oopm /March 21't Certificate Monica Garcia 32 "d Congressional District Council Chambers 3 -21 -12 Woman of Distinction Award BPUSD Adult & Essay Contest Winners 7:00pm /March 21st Certificates/ Community and School Instructors Council Chambers Proclamation Education "What Adult Education 3 -21 -12 Means To Me" Proclamation proclaiming Adult Education Week Safety Belt Safe Proclamation proclaiming Saturday, April 215 Proclamation USA Safety Seat Checkup To Be Week Mailed National Park Proclamation proclaiming Saturday, May 19 Proclamation Trust National Kids to Parks Day To Be on May 19, 2012 Mailed Department of Proclamation proclaiming Monday, September 17 Proclamation Parks and Community Play Day To Be Recreation Mailed Proposed Recognitions May 7, 2008 Page 2 RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques, proclamations, and certificates. i Of 11 � BALDWIN P > A - R - K TO: CITY COUNCIL AGENDA MAR 2 1. CITY OF BALDWIN PARK ITEM NO. _AC Consent Agenda Honorable Mayor and Members of the City Counc FROM: Vijay Singhal, Chief Executive Officer Marc Castagnola,. Community Development Man Joseph W. Pannone, City Attorney DATE: March 21, 2012 SUBJECT: Advisement of Mayor's Appointments to the Oversight Board for the Dissolved Community Development Commission of the City of Baldwin Park and Direction to the Chief Executive Officer for Interim Staffing and Support of the Oversight Board PURPOSE The purpose of this report is to advise the Council of the Mayor's appointments to the Oversight Board and to provide direction to the Chief Executive for interim staffing and support of the Oversight Board BACKGROUND In adopting AB1X 26, the State of California dissolved redevelopment agencies, replacing them with Successor Agencies tasked with "winding up" the business of the former redevelopment agencies, and establishing Oversight Boards to review and approve certain actions of the Successor Agency. DISCUSSION 1. Mayor's Appointments to the Oversight Board. The Oversight Board consists of seven members, two of whom are appointed by the Mayor. Of these, one member is an at -large appointment and the other member represents employees of the former Community Development Commission of the City of Baldwin Park (CDC) and is appointed from the largest recognized employee organization. • Although the CDC did not have any full or part-time employees, fractional parts of 24 full -time and 7 part time City employees did some work for the CDC. • The "City Employee Associates" (CEA) is the largest recognized employee organization representing former employees of the CDC. Oversight Board Staff Report March 29, 2072 Paqe 2 of 6 Although AB 26 does not require Council approval of the Mayor's appointments to the Oversight Board, the Mayor thinks it appropriate to advise the Council of his selections and request the Council to receive and file this report for the record. With respect to the question of Oversight Board members, the Legislature has modified the rule against holding incompatible offices to allow any individual to be appointed to up to five oversight boards and simultaneously hold an office in a city. 2. Potential Conflicts of Interest. The successor agency and the Oversight Board may have conflicting interests and desires in connection with the winding up of the CDC's affairs. In a sense, the two entities serve different constituencies, with the successor agency tied to the Baldwin Park community and its ongoing redevelopment efforts, while the Oversight Board is tasked with ensuring the interests of the taxing entities are protected by swiftly winding up the CDC's activities and freeing up tax revenue for the taxing entities. While both entities are charged with making sure enforceable obligations are paid, there may be differing points of view about the best way to achieve that objective. The range of activities that are subject to Oversight Board review include: a. Determinations regarding whether agreements between the former CDC and the City are enforceable obligations and whether such agreements should be terminated. b. Refunding of outstanding bonds or other debt of the former CDC by successor agencies in order to provide for savings or to finance debt service spikes. C. Setting aside of amounts in reserves as required by documents governing the issuance of outstanding CDC bonds. d. Merging of project areas. e. Acceptance of Federal or State grants, or other financial assistance from public or private sources, that require matching funds from the successor agency in an amount greater than 5 percent. f. Negotiating compensation agreements with taxing entities if the City wishes to retain any properties or other assets for future redevelopment activities. g. Establishment of the Recognized Obligation Payment Schedule. h. Disposition of assets and properties of the former CDC that were funded by tax increment revenues of the dissolved CDC. Termination of agreements that do not qualify as enforceable obligations. j. Transfer of housing responsibilities, rights, powers, duties, and obligations and funds in the Low and Moderate Income Housing Fund. Oversight Board Staff Report March 21, 2012 Pape 3 of 6 k. Determinations regarding early termination of agreements between the former CDC and any other public entity in the county obligating the CDC to provide funding for any debt service obligations of the other public entity or the construction or operation of facilities owned or operated by the other public entity. I. Determinations regarding early termination or renegotiation of contracts between the dissolved CDC and private parties. The very nature of the decisions listed above makes clear the potential for differing interests and viewpoints. The City Attorney, thus, would have a conflict of interest in acting as legal counsel to both the successor agency and the Oversight Board. The modification of the incompatible offices rule with respect to persons appointed as members of the Oversight Board does not address the incompatibility of one individual serving as both a member of the Oversight Board and its executive director. Further, there is conflicting law regarding the question whether a person serving in an executive capacity is an officer to whom the incompatibility of offices rule applies or an employee to whom it does not apply. While AB 26 contemplates successor agency staff serving as staff to the Oversight Board, the appointment of the Chief Executive Officer as the executive director of the Oversight Board, whether or not he is a member of the Oversight Board, would create a more direct conflict and incompatible office issue. 3. Staffing and Support of the Oversight Board. To avoid the potential conflicts of interest stated above, the Oversight Board will require an executive director /secretary and legal counsel separate from those serving the City Council and Successor Agency. It is expected the Oversight Board will appoint an executive director/secretary and legal counsel at its earliest opportunity. It is also expected the Oversight Board will have some continuing need for staff support provided by the City acting as successor agency. a. To discharge the successor agency's responsibility for organizing and establishing the Oversight Board, the City Council, acting as the successor agency, should direct the Chief Executive Officer: b. To appoint, in his sole discretion, an interim executive director/secretary of the Oversight Board, and authorize the interim executive director/secretary to such other actions as he /she deems necessary to assist in organizing and establishing the Oversight Board. C. After seeking advice from the City Attorney, to appoint an interim legal counsel to the Oversight Board. d. To assist the Chief Executive Officer in carrying out the above directions, the City Clerk will provide all reasonable assistance and staff support required to organize and establish the Oversight Board. e. Oversight Board Membership: The oversight board is composed of 7 members. The Mayor of the City may appoint two members to the oversight board within certain limitation criteria. Oversight Board Staff Report March 21, 2012 Page 4 of 6 Appointment shall be made prior to the May 1St, 2012 deadline. The members of the oversight board shall elect one of their members as the chair person. Their meeting is subject to the Ralph Brown Act and all notices required by law must be posted on the successor agency web site. The general membership is as follows: 1. One member appointed by the county board of supervisor; 2. One member appointed by the Mayor of the City; 3. One member appointed by the largest special district, by property tax share with territory in boundary of former redevelopment area; 4. One member appointed by the county superintendent of education; 5. One member appointed by the Chancellor of the California Community Colleges; 6. One member of the public appointed by the county board of supervisors; and, 7. One member representing the employees of the former redevelopment agency appointed by the Mayor, from the recognized employee organization representing the largest number of former redevelopment agency employees, employed by the successor agency. APPOINTMENTS The Mayor is appointing himself and Melecio Picazo to the Oversight Board. FISCAL IMPACT Up to $5,000 in fiscal year 2011 -12 to be paid from the City of Baldwin Park Successor Agency's administrative allowance. CONCLUSION The City Council is requested to receive and file this report and concur with the interim staff direction provided above. CITY COUNCIL AGENDA MAR 2 Z II , CITY OF BALDWIN PARK CONSENT CATLq:W& .ss. STAFF REPORT BALD IN P > A - R K TO: Honorable Mayor and Members of the City Council FROM: Vijay Singhal, Chief Executive Office DATE: March 21, 2012 SUBJECT: Approval of Resolution 2012 -013 authorizing the City of Baldwin Park to enter into a contract with the State of California Department of Transportation (Caltrans) u on receipt of a Transportation Planning Grant. PURPOSE This report requests City Council approval of a Resolution authorizing the city to enter into a contract with Caltrans upon receipt of an Environmental Justice Planning Grant. BACKGROUND Planning staff is currently working on submitting a grant application in response to a request for applications for Fiscal Year 2012 -2013 Transportation Planning Grant Programs through the California Department of Transportation (Caltrans). An estimated $3 million will be available for the grant cycle pending approval of the State budget. All projects will require a local match equal to 10% of the grant total (7.5% must be local funding and 2.5% can be in- kind). The maximum grant that can be awarded under the Environmental Justice Planning Grant Program is $250,000. The amount in which we are applying for is $225,000. DISCUSSION According to Caltrans, Transportation Planning Grants are intended to promote strong and healthy communities, economic growth, and protection of our environment. These planning grants support closer placement of jobs and housing, efficient movement of goods, community involvement in planning, safe and convenient pedestrian and bicycle mobility and access, smart or strategic land use, and commute alternatives_ The final results of these grants should lead to the adoption, initiation and programming of transportation improvements that improve mobility, access and economic vitality. Caltrans Environmental Justice Planning Grant Page 2 of 4 March 21, 2012 Each Transportation Planning Grant has program specific purposes and is intended to address local needs and issues. Of the many grant opportunities available, the city opted to apply for the Environmental Justice (EJ) Planning Grant. This grant is intended to promote the involvement of low- income and minority communities in the planning for transportation projects to prevent or mitigate disproportionate, negative impacts while improving mobility, access, safety and opportunities for affordable housing and economic development. GRANT PROPOSAL The focus of the grant is to create a multi -city bicycle master plan for the San Gabriel Valley. Under this grant, the city proposes to partner with the Los Angeles County Bicycle Coalition, Bike San Gabriel Valley and the Rails to Trails Conservancy to connect neighboring communities through a regional bike master plan. The project intends to' encompass the cities of Baldwin Park, El Monte, South El Monte, Monterey Park and Covina with Baldwin Park serving as the initiative's lead city partner. The ultimate goal is for all cities to be connected regionally through a network of bikeways. All cities lack bike plans and have either short or disconnected bike facilities that do not function for most local trips. The project will employ complementary strategies to make the bicycle plan effective, more likely to be implemented and the resulting bikeway environmental changes more likely to be used by Baldwin Park residents, adjoining community residents and all Los Angeles County residents. These strategies will address physical changes to the public right -of -ways to ensure safe access to and from schools, access to public parks and to improve overall bike mobility and connectivity. These strategies include: 1) Access: Increase modal choices; 2) Promotion: Increase visibility of routes to local destinations and 3) Social Support: Increase community participation and education; and 4) Environment: Tools to help communities reduce green house gas emissions and assist transportation agencies in creating sustainable communities. These strategies will address Baldwin Park and the surrounding communities' need to have equitable access to safe, accessible and attractive bikeways that are intended to overcome common barriers to physical activity and help reduce the prevalence of childhood obesity. This grant presents an opportunity to improve the circulation between established neighborhoods, parks, open space, local destinations with regional connectivity. In addition, the adoption of a city and regional bicycle master plan is just another step towards the implementation of our city's Complete Streets policy, which calls for the creation of a safe and efficient transportation system that promotes the health and mobility of all Baldwin Park citizens and visitors by providing high quality pedestrian, bicycling, and transit access to all destinations throughout Baldwin Park. Caltrans Environmental Justice Planning Grant Page 3 of 4 March 21, 2012 RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 2012 -013 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING STAFF TO ENTER INTO A CONTRACT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION UPON RECEIPT OF AN ENVIRONMENTAL JUSTICE PLANNING GRANT FROM THAT AGENCY." Once adopted, staff will include a signed copy of the Resolution with the grant application. ATTACHMENT Resolution 2012 -013 Report Prepared By: Salvador Lopez Jr., Associate Planner,. ' RESOLUTION NO. 2012 -013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING STAFF TO ENTER INTO A CONTRACT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION UPON RECEIPT OF AN ENVIRONMENTAL JUSTICE PLANNING GRANT FROM THAT AGENCY. WHEREAS, the City of Baldwin Park, through the adoption of its Complete Streets policy, has established guiding principles and practices so transportation improvements are planned, designed, constructed, operated and maintained to encourage walking, cycling, and transit use while promoting safe operations for all users; and WHEREAS, the City wants to create and ensure a safe and efficient transportation system that promotes the health and mobility of all Baldwin Park residents and visitors by providing high quality pedestrian, bicycling and transit access to all destinations throughout the city and region; and WHEREAS, one part of the Project is to help implement the recently adopted "Complete Streets" policy by preparing, implementing and maintaining a Bicycle Master Plan; and WHEREAS, another part of the Project is to develop strategies, measures, and recommendations to promote a multi -city bicycle master plan for the San Gabriel Valley; and; WHEREAS, the City proposes to request $225,000 in grant funds and the City will be providing 10% local matching funds for staff time and other administrative costs (7.5% must be local funding and 2.5% can be in- kind); and WHEREAS, authorization is now being requested to submit the grant application, accept and administer the grant funds if awarded, and execute the agreement between the City and the State of California Department of Transportation; NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby resolve as follows: SECTION 1. The Chief Executive Officer, or designee, is authorized to apply to the State of California Transportation Planning Grant for the Project. SECTION 2. The Chief Executive Officer, or designee, is authorized to take all necessary steps to secure the grant funds from the State of California Department of Transportation to provide funds for the Project. SECTION 3. The Chief Executive Officer, or designee, is also authorized and empowered to conduct all negotiations, execute and submit all documents, including but not limited to contracts, subcontracts, applications, agreements, extensions, renewals, Resolution No. 2012.013 Page 2 payment requests, and amendments of funding provided by the Federal Highway Administration and California Department of Transportation, which may be necessary for the completion of the Project. SECTION 4. The Chief Executive Officer, or designee, is authorized, for and on behalf of the City, to accept, appropriate, expend, and administer the grant funds, if secured, in accordance with the terms and conditions set forth in the approved grant for the Project. SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall forward a copy hereof to the Planning Division for grant submittal. APPROVED, and ADOPTED this 21St day of March, 2012. MANUEL LOZANO, MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was adopted on March 21, 2012 at a regular meeting of the City Council by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ALEJANDRA AVILA CITY CLERK P - A - R- K CITY COUNCIL AGENDA MAR 2 1 CITY OF BALDWIN PARK CONSENT CATLwk.L -1 STAFF REPORT �"" TO: Honorable Mayor and Members of th FROM: Vijay Singhal, Chief Executive Office DATE: March 21, 2012 SUBJECT: Approval of Resolution 2012 -014 authorizing the City of Baldwin Park to enter into a contract with the State of California Department of Transportation (Caltrans� upon receipt of a Transportation Planning Grant.3 i _. m PURPOSE This report requests City Council approval of a Resolution authorizing the city to enter into a contract with Caltrans upon receipt of an Environmental Justice Planning Grant. BACKGROUND Planning staff is currently working on submitting a grant application in response to a request for applications for Fiscal Year 2012 -2013 Transportation Planning Grant Programs through the California Department of Transportation ( Caltrans). An estimated $3 million will be available for the grant cycle pending approval of the State budget. All projects will require a local match equal to 10% of the grant total (7.5% must be local funding and 2.5% can be in- kind). The maximum grant that can be awarded under the Environmental Justice Planning Grant Program is $250,000. The amount in which we are applying for is $185,000. DISCUSSION According to Caltrans, Transportation Planning Grants are intended to promote strong and healthy communities, economic growth, and protection of our environment. These planning grants support closer placement of jobs and housing, efficient movement of goods, community involvement in planning, safe and convenient pedestrian and bicycle mobility and access, smart or strategic land use, and commute alternatives. The final results of these grants should lead to the adoption, initiation and programming of transportation improvements that improve mobility, access and economic vitality. Caltrans Environmental Justice Planning Grant Page 2 of 4 March 21, 2012 Each Transportation Planning Grant has program specific purposes and is intended to address local needs and issues. Of the many grant opportunities available, the city opted to apply for the Environmental Justice (EJ) Planning Grant. This grant is intended to promote the involvement of low - income and minority communities in the planning for transportation projects to prevent or mitigate disproportionate, negative impacts while improving mobility, access, safety and opportunities for affordable housing and economic development. GRANT PROPOSAL The focus of the grant is to update the city's Safe Routes to School Plan with a bicycle and pedestrian safety enhancement component. The city's current plan, which was adopted in 1995, is outdated and does not reflect the physical improvements that have been made to date nor does it reflect newer recommendations based on enhanced technology and planning models. Under this grant, the city proposes to partner with the Local Government Commission (LGC) and the California Center for Public Health Advocacy (CCPHA). The Plan intends to implement a program of protective and preventative measures to decrease the accident potential for student pedestrians /cyclists and to provide the best possible safety environment for all students who walk and bike to school. The strategy to a "Safe Routes to School" program is to concentrate students along designated travel routes and to ensure that those selected routes provide the highest level of safety and protection for the student/pedestrian. The project will also provide updated Safe Route to School maps prepared for all schools in the city. The map for each school will depict the surrounding community, preferred routes to school and traffic control devices to ensure each route is as safe as possible. The School District will be able to use these maps to educate their students and parents as to the recommended route and to demonstrate the concept of safe pedestrian protection. This new Safe Routes to School Plan will involve the coordinated partnership with the Baldwin Park Unified School District, School Police, the city's police department and other various departments for the implementation and enforcement of the Plan. This grant presents an opportunity to continue the implementation of the recently adopted Complete Streets policy, which calls for the creation of a safe and efficient transportation system that promotes the health and mobility of all Baldwin Park citizens and visitors by providing high quality pedestrian, bicycling, and transit access to all destinations throughout Baldwin Park. RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 2012 -014 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING STAFF TO ENTER INTO A CONTRACT WITH THE STATE OF Caltrans Environmental Justice Planning Grant Page 3 of 4 March 21, 2012 CALIFORNIA DEPARTMENT OF TRANSPORTATION UPON RECEIPT OF AN ENVIRONMENTAL JUSTICE PLANNING GRANT FROM THAT AGENCY." Once adopted, staff will include a signed copy of the Resolution with the grant application. ATTACHMENT Resolution 2012 -014 Report Prepared By: Salvador Lopez Jr., Associate PlannerQ RESOLUTION NO. 2012 -014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING STAFF TO ENTER INTO A CONTRACT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION UPON RECEIPT OF AN ENVIRONMENTAL JUSTICE PLANNING GRANT FROM THAT AGENCY. WHEREAS, the City of Baldwin Park, through the adoption of its Complete Streets policy, has established guiding principles and practices so transportation improvements are planned, designed, constructed, operated and maintained to encourage walking, cycling, and transit use while promoting safe operations for all users, and WHEREAS, the City wants to create and ensure a safe and efficient transportation system that promotes the health and mobility of all Baldwin Park residents and visitors by providing high quality pedestrian, bicycling and transit access to all destinations throughout the city and region; and WHEREAS, one part of the Project is to help implement the recently adopted "Complete Streets" policy by preparing, implementing and maintaining an updated Safe Routes to School Plan, and WHEREAS, this project will implement a program of protective and preventative measures to decrease the accident potential for student pedestrians /cyclists and to provide the best possible safety environment for all students who walk and bike to school; and WHEREAS, the City proposes to request $185,000 in grant funds and the City will be providing 10% local matching funds for staff time and other administrative costs (7.5% must be local funding and 2.5% can be in- kind); and WHEREAS, authorization is now being requested to submit the grant application, accept and administer the grant funds if awarded, and execute the agreement between the City and the State of California Department of Transportation; NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby resolve as follows: SECTION 1. The Chief Executive Officer, or designee, is authorized to apply to the State of California Transportation Planning Grant for the Project. SECTION 2. The Chief Executive Officer, or designee, is authorized to take all necessary steps to secure the grant funds from the State of California Department of Transportation to provide funds for the Project. SECTION 3. The Chief Executive Officer, or designee, is also authorized and empowered to conduct all negotiations, execute and submit all documents, including but Resolution No. 2012 -014 Page 2 not limited to contracts, subcontracts, applications, agreements, extensions, renewals, payment requests, and amendments of funding provided by the Federal Highway Administration and California Department of Transportation, which may be necessary for the completion of the Project. SECTION 4. The Chief Executive Officer, or designee, is authorized, for and on behalf of the City, to accept, appropriate, expend, and administer the grant funds, if secured, in accordance with the terms and conditions set forth in the approved grant for the Project. SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall forward a copy hereof to the Planning Division for grant submittal. APPROVED, and ADOPTED this 21St day of March, 2012. MANUEL LOZANO, MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was adopted on March 21, 2012 at a regular meeting of the City Council by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ALEJANDRA AVILA CITY CLERK t BALDWIN CITY OF BALDWIN PARK P A - R, K TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works DATE: March 21, 2012 CITY COUNCIL AGENDA MAR 21 �EM Nf1 STA FREP'� '--^ SUBJECT. RESOLUTION 2012 -011 INITIATING THE PROCEEDINGS AND ORDERING PREPARATION OF THE ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2012 -13 PURPOSE This report requests that the . City Council consider the adoption of the attached resolution which would authorize the initiation of the FY 2012 -13 Citywide Landscaping and Lighting Maintenance Assessment District and order the preparation of the Engineer's Report. BACKGROUND The City has an annual program for the maintenance of landscaping and lighting improvements, as well as open space improvements, including. the maintenance and operation of traffic signals, street lights, median landscaping, and street trees. Staff recommends that we continue this program and fund it through the annual special assessments. This program and its corresponding assessments have been done every year for over 20 years. The adoption of a resolution is required to initiate the proceedings and order the preparation of an Engineer's Report. DISCUSSION Each year, the City Council re- establishes the Landscaping and Lighting Maintenance Assessment District (LLMD) with the purpose of establishing the legal mechanism to collect assessments to cover the related expenditures. The costs are distributed by equitably assessing properties in accordance with special benefits received from the improvements. Such revenues will serve to cover the cost of maintenance and operation of the landscaping and lighting system within the LLMD. Resolution 2012 -011 Ordering the LLMD Engineer's Report Page 2 of 3 March 21, 2012 The first step in completing the annual assessment district is ordering the preparation of an Engineer's Report, and this first step is the action herein recommended. The Engineer's Report contains the engineering study, the details of the assessments and its legal justification, and the assessment methodologies, all of .which are ultimately required in order to submit the assessments to the Los Angeles County Assessors Office. Pursuant to the State of California Streets and Highways Code, the City of Baldwin Park must take the following steps to establish the annual levy for the Citywide Landscaping and Lighting Maintenance District. 1. The City Council orders the preparation and filing of the Engineer's Report. 2. After receiving the Engineer's Report, the City Council adopts a resolution of intent to levy and collect assessments, and sets a date for a public hearing. 3. The City Council conducts a public hearing and adopts a resolution confirming,., the diagram and assessments, either as originally proposed or in its modified. state.: Over the last 19 years, the Engineer's Report has been prepared adhering to the. procedures established in the 1972 Landscaping and Lighting Act,. which the City has continued to use through FY 2012 -13. As in the previous years, the City must - follow the same procedures such as preparation of an Engineer's Report and a public hearing- in order to proceed with levying assessments. As a result of Proposition 218, which was passed in 1997, new or increased assessments, or existing assessments not used exclusively to fund capital costs or O &M, may not be imposed. Over the last 13 years, the City Council has supported staff's recommendation to rely on an exemption in Prop 218 which allows the renewal of these LLMD assessments so long as the rates are not changed. If the assessment rates are desired changed, then the balloting requirements under that proposition must be fulfilled. Last yea's report was prepared by the firm of Community Economic Solutions for a fee of $7,800. This company specializes in financial services and they have the expertise, training, and background to provide us with assessment engineering services. They have the general liability insurance and can perform our assessment engineering services to prepare the FY 2012 -13 Engineer's Report, attend any necessary public hearings, and submit the assessment roll to the Los Angeles County Auditor - Controller's Office for a fee of $ 7,800. Resolution 2012 -011 Ordering the LLMD Engineer's Report Page 3 of 3 March 21, 2012 FISCAL IMPACT The Engineer's Report will include more refined details of anticipated revenues and costs. The draft Budget for FY 2012 -13 will anticipate revenues for Fund 251 -- Street Light and Landscape to be $1,735,000 which includes LLMD assessments estimated at $910,000, Ad-Valorem revenue estimated at $775,000, and earnings from late taxes and penalties estimated at $50,000. The cost to operate and maintain the landscaping and lighting improvements is planned to be in balance with the revenue. The revenues and cost for the upcoming year will be very similar to last year's LLMD and budget. RECOMMENDATION Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2012 -011 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE PROCEEDINGS AND ORDERING THE PREPARATION OF .THE ENGINEER'S REPORT- FOR THE FY 2012 -13 LEVY OF ANNUAL ASSESSMENTS. FOR THE .CITY OF BALDWIN PARK LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE "STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE." ATTACHMENT Resolution No. 2012 -011 Attachment RESOLUTION NO. 2012 -011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE FY 2012 -12 LEVY OF ANNUAL ASSESSMENTS FOR THE CITY OF BALDWIN PARK LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE WHEREAS, the City Council of the City of Baldwin Park has previously formed a Landscaping and Lighting Maintenance District (hereinafter referred to as the District) pursuant to the terms and provisions of the "Landscaping and Lighting. Act of 1972 ", Division 15, Part 2 of the Streets and Highways Code of the State of California; and WHEREAS, at this time, this City Council desires to conduct proceedings to provide for the annual levy of assessments for the next ensuing fiscal year; to. provide for the costs and expenses necessary for continual maintenance of improvements within said District; and WHEREAS, the provisions of said Division 15, Part 2, require .a written. report in accordance with Chapter 3 (commencing with Section 22620). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN wPARK DOES RESOLVE AS FOLLOWS: SECTION 1. That the above recitals are all true, correct, and are hereby incorporated herein. SECTION 2. The Director of Public Works is hereby ordered to prepare and file with the City Council a report relating to the FY 2012 -13 levy of annual assessments for said District in accordance with the Provisions of Chapter 3 (commencing with Section 22620) of Division 15, Part 2 of the State of California Streets and Highways Code. SECTION 3. Upon completion, said Report shall be filed with the City Clerk who shall then submit the same to this City Council for its consideration pursuant to Section 22623 of said Streets and Highways Code. G:1120 City CounciIT0121431 Reso EnitiateLLMD FY 12- 13.doc Resolution 2012 -011 Page 2 PASSED, APPROVED, AND ADOPTED this 21St day of March 2012. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA } COUNTY OF LOS ANGELES ) SS: CITY OF BALDWIN PARK ) I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing .Resolution No. 2012 -011 was duly March. 21, 2012 and that the same. was. adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ALEJANDRA AVILA CITY CLERK GA120 City Counci1120121431 Reso InitiateLLM© FY 12- 13.doc F BALDWIN P - A - R - K CITY OF BALDWIN PARK CITY COUNCIL AGENDA MAR 2 1. ITEM NO. STAFF REPORT TO: Honorable Mayor and Members of the City Council )0 FROM: Edwin "William" Galvez, Director of Public Works DATE: March 21, 2012 SUBJECT: RESOLUTION 2012 -012 INITIATING THE PROCEEDINGS AND ORDERING PREPARATION OF THE ENGINEER'S REPORT FOR THE PARKS MAINTENANCE ASSESSMENT DISTRICT FOR FY 2012 -13 PURPOSE This report requests that the City. Council consider the adoption of the attached resolution, which would authorize the initiation of the .FY 2012 -13 Parks Maintenance Assessment District and order the preparation of the Engineer's Report. BACKGROUND The City has an annual program for the maintenance of City parks. Staff recommends that we continue this program and fund it through the annual special assessments which are herein recommended. The financial support for this program was approved by the Baldwin Park property owners upon the formation of a Park Maintenance Assessment District (PMD). The PMD, formed in FY 1996 -1997, was established in conformance with Proposition 218. The adoption of a resolution is required to initiate the annual proceedings and order the preparation of the Engineer's Report. DISCUSSION Pursuant to the State of California Streets and Highways Code, the City of Baldwin Park must take the following steps to establish the annual levy for the Citywide Park Maintenance District (PMD). 1. The City Council orders the preparation and filing of the Engineer's Report. 2. After receiving the Engineer's Report, the City Council adopts a resolution of intent to levy and collect assessments, and sets a date for a public hearing. 3. The City Council conducts a public hearing and adopts a resolution confirming the diagram and assessments either as originally proposed or in its modified state. Resolution 2012 -12 Ordering the PMD Engineer's Report page 2 of 2 March 21, 2012 FISCAL IMPACT The Park Maintenance Assessment District assessment for FY 2011.2012 (current year) is estimated at $630,000. For FY 2012 -13, it is estimated that the Park Maintenance Assessment District will generate $636,000. After it's prepared, the Engineer's Report will provide detailed fiscal impacts and any anticipated subsidy participation by the General Fund. RECOMMENDATION Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2012.012 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE FY 2012 -13 LEVY OF ANNUAL ASSESSMENTS FOR THE CITY OF BALDWIN PARK PARKS MAINTENANCE.. DISTRICT PURSUANT TO THE PROVISIONS.OF DIVISION 15, PART 2 OF`THE.STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE." ATTACHMENT Resolution No. 2012 -012 Attachment RESOLUTION NO. 2012 -012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE FY 2012 -13 LEVY OF ANNUAL ASSESSMENTS FOR THE PARKS MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE WHEREAS, the City Council of the City of Baldwin Park has previously formed a Parks Maintenance District (hereinafter referred to as the District) pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972 ", Division 15, Part 2 of the Streets and Highways Code of the State.of California; and WHEREAS, at this time, this City Council desires to conduct proceedings to provide for the annual levy of assessments for the. next ensuing fiscal year, to provide for the costs and expenses necessary for. continual maintenance of improvements within said District; and WHEREAS, the provisions of said Division 15, Part 2, require a written report in accordance with Chapter 3 (commencing with Section 22620). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. That the above recitals are all true, correct, and are hereby incorporated herein. SECTION 2. The Director of Public Works is hereby ordered to prepare and file with the City Council a report relating to the FY 2012 -13 levy of annual assessments for said District in accordance with the Provisions of Chapter 3 (commencing with Section 22620) of Division 15, Part 2 of the State of California Streets and Highways Code. SECTION 3. Upon completion, said Report shall be filed with the City Clerk who shall then submit the same to this City Council for its consideration pursuant to Section 22623 of said Streets and Highways Code. GA120 City Coundl120121432 Reso InitiatePMD FY 12- 13.doe Resolution 2012 -012 Page 2 PASSED, APPROVED, AND ADOPTED this 21st day of March 2012. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF BALDWIN PARK } I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2012 -013 was duly adopted by the City Council of the City of. Baldwin Park at a regular meeting thereof held on March 21, 2012 and that the ;same. was adopted by the following vote to wit: AYES: NOES: ABSENT: ALEJANDRA AVILA CITY CLERK GA120 City CoundR20121432 Reso Initiate PMD FY 12- 13.doc CITY COUNCIL AGENDA VA MAR 2 J ITEM N0. -J B_ALDWIN CITY OF BALDWIN PARK AGENDA STAFF REPORT P - A - R - K TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works DATE: March 21, 2012 SUBJECT: REQUEST TO AMEND A TRAFFIC SIGNAL SYNCHRONIZATION AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR RAMONA BOULEVARD CORRIDOR PURPOSE The purpose of this report is to present for City Council consideration an amendment to the Agreement between the Los Angeles County Department of Public Works and the City of Baldwin Park for traffic signal monitoring and timing synchronization. BACKGROUND On March 3, 2010, the City Council approved an agreement with Los Angeles County for monitoring, operating, and maintaining an Integrated Transportation System herein shown as Exhibit A. This regional traffic signal system was designed to improve traffic movement on high volume major streets which link cities within the County. The multi jurisdictional nature of this project requires an agreement between Los Angeles County and each impacted local agency. The improvements will benefit Baldwin Park by improving traffic flow in the Ramona Boulevard corridor. DISCUSSION Amendment number 1 shown as Exhibit B adds the newly constructed traffic signal at Badillo Street 1 Willow Avenue intersection to the Agreement so that it may integrated into the system. FISCAL IMPACT There is no fiscal impact related to the execution of the Agreement. It is anticipated that minimal staff time will be needed to monitor and coordinate necessary traffic signal changes with the County. The cost of this system is being covered by a federal grant with Los Angeles County. LACDPW KITS Agreement for Traffic Signal monitoring and synchronization Page 2 of 2 March 12, 2012 RECOMMENDATION It is recommended that the City Council: 1. Authorize the Mayor to execute Amendment No.1; and 2. Authorize the Public Works Director to administer this program and serve as the City's signature authority over this program. EXHIBITS A. Agreement B. Amendment No. 1 CITY ORIGINAL DOCUMENT' Please sign and return fully executed document to! EXHIBIT A City of Baldwin Park — Office of the City Clark 14403 E. Pacific Avenue AGREEMENT Baldwin Park, CA 91706 This AGREEMENT, made and entered into by and between the CITY OF BALDWIN PARK, a municipal corporation in the County of Los Angeles (hereinafter referred to as CITY), and the COUNTY OF LOS ANGELES, a political subdivision of the State of California (hereinafter referred to as COUNTY). WITNESSETH , WHEREAS, on October 19, 2004, COUNTY entered into an agreement with Kimley -Horn and Associates, Inc., for the procurement of a traffic control system; and WHEREAS, the traffic control system is known as the Kimley -Horn Integrated Transportation System (hereinafter referred to as KITS); and WHEREAS, CITY has indicated its desire to connect its traffic signals to the COUNTY's KITS; and WHEREAS, on September 18, 2007, COUNTY executed an amendment with Systems Analysis & Integration, Inc., for the expansion of a wireless communication system (hereinafter referred to as WIRELESS COMMUNICATION); and WHEREAS, COUNTY's agreement for WIRELESS COMMUNICATION includes .a provision for placement at specified City -owned and operate traffic signals as denoted in Attachment A (hereinafter referred to as CITY TRAFFIC SIGNALS); and WHEREAS, use of KITS requires a communication link be established between a remote location and CITY TRAFFIC SIGNALS; and WHEREAS, a KITS workstation is required in order for CITY to monitor and control CITY TRAFFIC SIGNALS from a remote location (hereinafter referred' to as WORKSTATION); and WHEREAS, BASIC TRAFFIC SIGNAL TIMING involves the timing parameters for the general operation of a traffic signal, which typically include, but is not limited to, defining the phases, attributes and timing values for each permitted phase, pedestrian movement and assigning detection; and WHEREAS, COORDINATION TRAFFIC SIGNAL TIMING involves .the timing parameters that allow multiple traffic signals to be synchronized with each other, which typically include defining coordination cycle lengths, offsets and time of day operations for each traffic signal coordination plan-, and WHEREAS, COUNTY has developed LACO -4E traffic signal controller firmware to enable BASIC TRAFFIC SIGNAL TIMING and COORDINATION TRAFFIC SIGNAL TIMING for traffic signals connected to KITS; and Page 1 of 7 WHEREAS, COUNTY will upgrade traffic signal controllers as necessary and install LACO -4E at CITY TRAFFIC SIGNALS listed in Attachment A; and WHEREAS, COUNTY and CITY desire to memorialize their understanding regarding their relative rights, obligations, and duties with respect to connecting CITY TRAFFIC SIGNALS to KITS. NOW, THEREFORE, in consideration of the mutual benefits to be derived by COUNTY and CITY and of the promises herein contained, it is hereby agreed as follows: (1) COUNTY AGREES: a. To convert-and install LAC04-E BASIC TRAFFIC SIGNAL TIMING AND COORDINATION TRAFFIC SIGNAL TIMING at CITY TRAFFIC SIGNALS to enable operations with KITS, at no cost to CITY. b. To install WIRELESS COMMUNICATION at CITY TRAFFIC SIGNALS at no cost to CITY, unless another form of communication is denoted on Attachment A. C. To install WORKSTATION in CITY for their use to monitor and control CITY TRAFFIC SIGNALS, with the installation to be completed at no cost to CITY. d:: To not alter BASIC TRAFFIC SIGNAL TIMING OR COORDINATION TRAFFIC SIGNAL TIMING at CITY TRAFFIC SIGNALS without prior approval 1from CITY. In' the event; COUNTY alters BASIC TRAFFIC SIGNAL TIMING OR COORDINATION TRAFFIC SIGNAL TIMING at CITY TRAFFIC SIGNALS following prior approval by the CITY, COUNTY shall provide CITY with updated traffic signal timing, sheets reflecting the changes made. If CITY. believes COUNTY improperly or negligently altered BASIC TRAFFIC SIGNAL TIMING OR COORDINATION TRAFFIC SIGNAL TIMING at CITY TRAFFIC SIGNALS, then CITY shall notify COUNTY in writing within thirty (30) days after the completion of COUNTY's work on the CITY TRAFFIC SIGNALS. If CITY fails to so notify COUNTY, then CITY shall be deemed to have accepted and approved the timing alterations performed by COUNTY. e. Subsequent -to CITY's approval in (1) d., above, and upon receipt of a Service Request from CITY pursuant to the terms and conditions of the County /City General Service. Agreement No. 75642, to review, observe, and, if necessary, recommend revisions to and /or modify BASIC TRAFFIC SIGNAL TIMING AND /OR COORDINATION TRAFFIC SIGNAL TIMING at CITY TRAFFIC SIGNALS. Upon approval from CITY, to download BASIC TRAFFIC SIGNAL TIMING AND /OR COORDINATION TRAFFIC SIGNAL TIMING at CITY TRAFFIC SIGNALS from COUNTY'S KITS Page 2 of 7 (2) workstation to improve traffic signal operations. If revisions are required, COUNTY will provide CITY with updated traffic signal timing sheets to enable CITY to maintain a current copy. CITY AGREES: a. To be solely responsible for maintaining the BASIC TRAFFIC SIGNAL TIMING AND COORDINATION TRAFFIC SIGNAL TIMING for CITY TRAFFIC SIGNALS to promote coordinated traffic operations, multi jurisdictional cooperation, and improve arterial traffic conditions. b. To inform the COUNTY of any changes implemented to the BASIC TRAFFIC SIGNAL TIMING and/or COORDINATION TRAFFIC SIGNAL TIMING that may impact the coordination of CITY TRAFFIC SIGNALS. e, If CITY believes COUNTY improperly or negligently revised CITY TRAFFIC SIGNALS pursuant to section .(1) d., hereinabove, then CITY shall notify COUNTY in writing within thirty (30) days after the completion of COUNTY's work on the .CITY TRAFFIC SIGNALS: Should CITY fail to so notify COUNTY, CITY shall be deemed to have accepted and approved the timing revisions. performed by COUNTY. ' To info_ rm the COUNTY of new traffic signal installations and any traffic signal modifications which would affect COORDINATION TRAFFIC SIGNAL TIMING. To accept full and: complete -ownership -of, responsibility for, and to maintain in good condition and at CITY expense WORKSTATION and WIRELESS COMMUNICATION (or other communication if denoted on Attachment A) that is installed at CITY TRAFFIC SIGNALS. f. If requested by the COUNTY, to issue a Service Request pursuant to the terms and conditions of the County /City General Service Agreement No. 75642, pursuant to which the CITY will reimburse the COUNTY for the annual costs incurred by COUNTY to operate and maintain CITY TRAFFIC SIGNALS on the COUNTY's KITS system. Said cost is currently estimated to be Two Thousand Dollars ($2,000) per year. g. If CITY desires COUNTY to observe, recommend revisions to, and/or modify the traffic signal timing at CITY TRAFFIC SIGNALS, to submit to COUNTY a Service Request pursuant to the terms and conditions of the County /City General Service Agreement No. 75642. . In. To ensure the traffic signal timing sheets located in the cabinet for CITY TRAFFIC SIGNALS at each intersection contain the most recently installed version of the BASIC TRAFFIC SIGNAL TIMING and COORDINATION TRAFFIC SIGNAL TIMING and accurately .reflect all changes made to CITY TRAFFIC SIGNALS. Page 3 of 7 L To allow COUNTY to monitor the operation of CITY TRAFFIC SIGNALS. (3) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: a. The terms and provisions of Agreement No. 75642 regarding the COUNTY and CITY's roles and responsibilities in carrying out traffic signal synchronization projects shall remain in full force and effect. b. Nothing in this AGREEMENT shall be construed as changing the role of CITY in operating and maintaining CITY TRAFFIC SIGNALS. C. CITY shall be solely responsible for detecting and correcting malfunctions of CITY TRAFFIC SIGNALS and COUNTY shall not be required to notify CITY of or correct any traffic signal malfunctions detected by KITS. d. The term of this AGREEMENT shall commence on the date it is approved by the Board of Supervisors and shall continue until any party - terminates it upon thirty (30) days prior written notice. e. Any correspondence, communication, or contact concerning -this AGREEMENT shall be'directed to fhe following :: CITY: Mr. Edwin "William" Galvez Director'of Public Works /City Engineer City of Baldwin Park 14403 East Pacific Avenue Baldwin•Park, CA. 91706 COUNTY: Mr. William J. Winter Assistant Deputy Director Traffic and Lighting Division County of Los Angeles Department of Public Works P.O. Box 1460 Alhambra, CA 91802 -1460 f. COUNTY and CITY acknowledge and recognize the improvements contemplated by this AGREEMENT provide significant regional and local benefits with respect to reducing traffic congestion. COUNTY and CITY further acknowledge and recognize the cost of defending claims and lawsuit arising from the improvements contemplated by this'AGREEMENT is paid for by public monies and both parties share an interest in reducing the amount of public monies spent on .defending claims and lawsuits where possible without prejudicing their respective defenses. Page 4 of 7 g. In the event a claim or lawsuit is brought against COUNTY and CITY based on the allegation that the design, construction, maintenance, or operation of the improvements constructed under this AGREEMENT proximately caused injuries or damage, COUNTY and CITY agree to cooperate as much as possible with respect to defending the claim or lawsuit without causing prejudice to their respective defenses to the claim or lawsuit. Upon receipt of the claim or lawsuit, the COUNTY and CITY, through their respective agents if appropriate, shall promptly investigate the matter. COUNTY and CITY shall then meet and confer promptly regarding whether a joint defense is appropriate or if one party should tender its defense and indemnification to the other party. h. In the event COUNTY and CITY cannot agree regarding a joint defense or a tender of defense and indemnification, then COUNTY and CITY agree to meet and confer promptly with respect to 1) entering into a tolling agreement with respect to any claims they may have against each other, and 2) submitting to mediation regarding any claims they may have .against each other, which mediation will take place before a third party neutral selected "by a fair process. COUNTY and CITY agree to meet and confer as, set forth in the preceding sentence prior to presenting claims or filing cross- complaints for :indemnity against each other. COUNTY and CITY agree to top all applicable statutes of limitations for a reasonable period of;.time if necessary for COUNTY and CITY to meet and confer prior to the time to present a claim or file a cross - complaint for indemnity. L Neither COUNTY nor any officer or employee of COUNTY shall be responsible for any damage or.liability occurring by reason of any act or omission on the part of CITY under or in connection with -any work, - authority, or jurisdiction delegated to, assumed by, or determined to be the responsibility of CITY under this AGREEMENT_ It is-also understood and agreed that, pursuant to Government Code, Section 895.4, CITY shall fully indemnify, defend, and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code, Section 810.8) occurring by reason of any act or omission on the part of CITY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of CITY under this AGREEMENT. Where liability for injury (as defined by Government Code, Section 810:8) is sought to be imposed under Section 830, . et sect., of the Government Code for a dangerous condition 'of property owned by or under the control of CITY, CITY shall fully defend, indemnify, and hold COUNTY harmless from any and all liability arising from such dangerous condition. Page 5 of 7 j. Neither CITY nor any officer or employee of CITY shall be responsible for any damage or liability occurring by reason of any act or omission on the part of COUNTY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of COUNTY under this AGREEMENT. it is also understood and agreed that, pursuant to Government Code, Section 895.4, COUNTY shall fully indemnify,, defend, and hold CITY harmless from any liability imposed for injury (as defined by Government Code, Section 810.8) occurring by reason of any act or omission on the part of COUNTY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of COUNTY under this AGREEMENT. Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers, duly authorized, by the CITY OF BALDWIN PARK, on.March 3 , 2010, and by the COUNTY OF LOS ANGELES on Ho rck ig , 2010. ATTEST. SACHI A. HAMAI Executive Officer of the Board of Supervisors of the County of Los Angeles By. Deputy APPROVED AS TO FORM: ANDREA SHERIDAN ORDIN County Counsel By Deputy Cr NAr COUNTY OF LOS ANGELES By irector of Public Works ATTEST: Y ord'iCity Clerk BY W. Pannone, City Attorney P;\UpublWPFILESIFILES1iRA4GO -OP A0REEMENTS16aIdvdn Park Agreement 2010.doc Page 7 of 7 ATTACHMENT A CITY OF BAL DWIN PARK City Hall: 14403 East Pacific Avenue, 91706 Central System Location: 900 South Fremont Ave, Alhambra, 91803 iVu[niier , Arferiat; StreetMarne Crass Street[arne: 1 Badillo Street Puente Avenue 2 Ramona Boulevard Badillo Street 3 Ramona Boulevard Baldwin Park Boulevard 4 Ramona Boulevard Barnes Avenue /Durbin Street 5 Ramona Boulevard Bogart Avenue 6 Ramona Boulevard Cesar E. Chavez Drive 7 Ramona Boulevard Downing Avenue 8 Ramona Boulevard Earl Avenue 9 Ramona Boulevard Foster Avenue 10 Ramona Boulevard Francisquito Avenue 11 Ramona Boulevard La Rica Avenue 12 Ramona Boulevard Maine Avenue 13 Ramona Boulevard Merced Avenue 14 Ramona. Boulevard Mdnterey Avenue 15 Ramona Boulevard Puente Avenue 16 Ramona Boulevard Stewart Avenue 17 Ramona Boulevard Syracuse Avenue /Sehabarum Avenue P:4tf pub )XLFILFStiTrafficCContracts\KITS - Baldwin Park co-op signal list EXHIBIT B AMENDMENT 1 CITY OF BALDWIN PARK KIMLEY -HORN INTEGRATED TRANSPORTATION SYSTEM COOPERATIVE AGREEMENT FOR THE TRAFFIC MANAGEMENT SYSTEM This AMENDMENT is made and entered into by and between the CITY OF BALDWIN PARK, a municipal corporation in the County of Los Angeles (hereinafter referred to as CITY) and the COUNTY OF LOS ANGELES, a political subdivision of the State of California (hereinafter referred to as COUNTY): WITNESSETH WHEREAS, on March 18, 2010, COUNTY entered into an agreement with CITY for the installation of the Kimley -Horn Integrated Transportation System hereinafter referred to as AGREEMENT; and WHEREAS, the purpose of this Amendment 1 is to update Attachment A (CITY TRAFFIC SIGNALS) of AGREEMENT; and NOW, THEREFORE, in consideration of the mutual benefits to be derived by COUNTY and CITY and of the promises herein contained, it is hereby agreed as follows: IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: a. Attachment A to AGREEMENT is deleted in its entirety and replaced with Attachment A.1, attached hereto. b. The terms and provisions of AGREEMENT shall otherwise remain in full force and effect. 11 11 II 11 11 11 11 11 11 11 11 11 1/ 11 11 11 Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT to be executed by their respective officers, duly authorized, by the CITY OF BALDWIN PARK on , 2011, and by the COUNTY OF LOS ANGELES on , 2011. GAIL FARBER. DIRECTOR OF PUBLIC WORKS COUNTY OF LOS ANGELES Deputy Director APPROVED AS TO FORM: ANDREA SHERIDAN ORDIN County Counsel By Deputy CITY OF BALDWIN PARK By Mayor ATTEST: By City Clerk By City Attorney P :1tlpub\WPFILESIFILESITRAICO -OP AGREEMENTS\ITS1Execute Amendments for Previously Executed AgreementslAmendment Baldwin Park.docx Page 2 of 2 ATTACHMENT A.1 CITY OF BALDWIN PARK City Hall: 14403 East Pacific Avenue, 91706 Central System Location: 900 South Fremont Ave, Alhambra, 91803 Number Arterial:Streef Name , CrossSfreet Name .. - 1 Badillo Street Puente Avenue 2 Badillo Street Willow Avenue 3 Ramona Boulevard Badillo Street 4 Ramona Boulevard Baldwin Park Boulevard 5 Ramona Boulevard Barnes Avenue 1 Durbin Street 6 Ramona Boulevard Bogart Avenue 7 Ramona Boulevard Cesar E. Chavez Drive 8 Ramona Boulevard Downing Avenue 9 Ramona Boulevard Earl Avenue 10 Ramona Boulevard Foster Avenue 11 Ramona Boulevard Francisquito Avenue 12 Ramona Boulevard La Rica Avenue 13 Ramona Boulevard. Maine Avenue 14 Ramona Boulevard., Merced Avenue 15 Ramona Boulevard - Monterey Avenue 16 Ramona Boulevard Puente Avenue 17 Ramona Boulevard Stewart Avenue 18 Ramona Boulevard Syracuse Avenue / Schabarum Avenue 09/01/2011 P:l tlpul) WLFILESITraificlContractslKITS- Baldwin Park co-op Attachment A.1 CITY COUNCIL AGENDA MAR 21 1 ITEM N0. - -J BALDWIN CITY OF BALDWIN PARK STAFF REPORT 1r 1. : TO: Honorable Mayor and Members of the it Council FROM: Vijay Singhal, Chief Executive Officer DATE: March 21, 2012 SUBJECT; AMENDMENT TO THE BALDWIN PARK TRANSIT CENTER CONSTRUCTION CONTRACT WITH PCL INC. TO ADD ALTERNATE #8 FOR CONSTRUCTION OF A LOWER LEVEL. PURPOSE To request City Council approval to amend the Transit Center Construction Contract with PCL Construction Services Inc. to add Alternate #8 for construction of a lower level in the amount of $691,000. BACKGROUND The City has been working for several years on developing a parking facility adjacent to Baldwin Park City Hall and the Metrolink Station to serve the multi -modal transit needs of our City and downtown Baldwin Park. On March 7, 2012 the City Council awarded a construction contract to PCL Construction Services Inc. in the amount of $8,631,300. The project as originally designed and approved by the Council was for 606 parking spaces including a dedicated secured area for police vehicles and storage referred to as Lower Level. The original bids came in higher than the available funding and as a result, the City Council authorized re- bidding after excluding several items included in the original bid packet. These items were included as "alternates ". There were a total of 13 alternates. A list of alternates is included in ATTACHMENT 1. The Lower Level was alternate #8. The bids for this alternate came at $731,000. Subsequent to the award of the contract staff met with the contractor and the contractor has lowered the cost of this alternate to $691,000 resulting in a saving of $40,000. Transit Center — Approval of construction of bower Level Page 2 of 5 March 21, 2012 DISCUSSION Pro'ecf Summaty The original project consisted of several components including a five level 506 stall parking structure adjacent to City Hall, an overhead pedestrian bridge connecting to the Metrolink train station, landscape and hardscape improvements for connectivity of pedestrians to the civic center, and appurtenant amenities. After bids were rejected in the first round of bidding, 13 deductive alternates were identified to bring down the cost of the base bid. One alternative was to eliminate a small parking area referred to as "Lower Level ", which included 32 spaces and 2,200 square feet (sq. ft) of storage. As a result, the contract was awarded for a five level structure with 474 spaces. Other alternates can be added after the start of construction and some can be done even after the project is completed. However, a decision on Alternate #8 (Lower Level) must be made before the start of construction. Staff has analyzed the pros and cons of adding the lower level and proposes that the City Council authorize this alternate #8. This alternate provides the following benefits to the City: Secured Parkinn and Storage for Police Department Currently the police vehicles are parked in the open lot and driveway along Ramona and to the North of the current parking lot, which is approximately 22,000 sq. ft. (.51 acres). Patrol cars and motorcycles are parked in the covered area adjacent to City Hall, which is approximately 7,700 sq. ft. (0.17 acres). The covered area is also used as storage by the police department. The total area covered by these two uses is approximately 30,200 sq. ft. or 0.68 acres as shown in ATTACHMENT 2. The lower level was intended to consolidate the parking of police vehicles and storage in a secured location. There is no other location within the structure, which can be secured for parking of police vehicles. The lower level will also provide secured storage area for the Police Department. Elimination of the lower level eliminates police parking in the structure. The original allocation of parking stalls is as follows: USERS PARKING STALLS TRANSIT 200 VERIZON 30 CITY HALL 100 PUBLIC 140 POLICE 39 Total 509 THE ACTUAL COUNT OF 506 IS THE RESULT OF ADJUSTMENTS FOR HANDICAPPED STALLS. Transit Center — Approval of construction of Lower level Page 3 of 5 March 21, 2012 Opportunity for a Future Mixed Use develo meet Construction of the parking structure is expected to create opportunity for small mixed - use development next to the Civic Center. When the Transit Center was designed, it was anticipated that the parking structure would make available for development, land that is currently used for parking of police vehicles. Moving the police vehicles and storage in the parking structure would release approximately 30,000 sq. ft. of land, which combined with other pieces will enable a small mixed- use development. The City has already received interest from few developers, for a potential project. Based on interest from some developers it is anticipated that the entire open space between the parking structure and Ramona would be needed for a development. While the police parking and storage can stay at their current location, however, they must be moved if the City wants to have a development at this site. Even if the City were to identify another location for parking of police vehicles in the future, it is likely to be more expensive, farther away and not covered or as secured. The construction of the lower level will meet police department's parking and storage needs at a very competitive cost and the opportunity to add the lower level is only now. Currently the open space used for police parking is owned by the Successor Agency to CDC and designated for affordable housing. There is pending legislation that is expected to allow Successor Agencies to use their assets for affordable housing. By spending $691,000 the City is not just gaining secured parking and storage for police department but securing 30,200 sq. ft (.68 acres), which when combined with other smaller pieces creates an opportunity for a future mixed -use development. A quality development has the potential for creating tax revenues and jobs and more importantly could be a catalyst for other developments. Staff believes that building the lower level not only addresses the City's parking needs but also creates opportunity for potential future developments. Impacts on Proiect Timeline if Lower Level is not included. Since the project was designed with the lower level, excluding it would require some redesigning. It is anticipated that it will cost approximately $25,000 and take two to three weeks to complete. Fundina for the Lower Level There is sufficient funding available in Prop C Funds to build the lower level. There is also opportunity to use Asset Forfeiture Funds for a portion of the cost. Staff believes that the use of Asset Forfeiture Funds for secured police parking and storage is an eligible use but is waiting for authorization from the Department of Justice. If use of Asset Forfeiture Funds is eligible then staff anticipates using approximately $300,000 from Asset Forfeiture and the remainder or $391,000 from Prop C. However, if Asset Forfeiture Funds cannot be used then $691,000 in available Prop C will be used. It is also important to note that Prop C funds cannot be used for General Fund Expenses. Transit Center — Approval of construction of Lower Level Page 4 of 5 March 21, 2012 Other Alternates: There are 12 other alternates as shown in ATTACHMENT 1. As identified in the table these alternates are divided into three categories: 1. Alternates to be considered for contract amendment 2. Alternates that may be added to contract or implemented later 3. Alternates recommended to be deleted For category -1 alternates, staff is in discussion with the contractor to identify cost savings or more cost effective options? Staff is also identifying available funding for these alternates. For some of these alternates funding sources such as grants, AQMD funds or Public Arts Funds can be used. Additional funds will become available in the Fiscal Year 2012/2013 to cover some of these items. For category-2 alternates, staff will explore funding and other options for example, the police department is looking at a camera system; the video cameras could be part of that system. For category-3, staff has determined that the cost of alternates exceeds the benefits. Staff will bring a detailed report for Council consideration on these alternates upon concluding its analysis. Decision on these alternates is not as time sensitive as Alternate #8, the decision on which must be made before construction starts. With the approval of this amendment, the total project cost will be as shown in the table below: PROJECT COSTS AMOUNT ENGINEERING PHASE Design $717,600 Project/ Program Management $910,500 Verizon Land (used Prop C) $610,100 Other (Survey, Misc) $44,800 CONSTRUCTION PHASE Construct Admin (incl. in Proj Mgmt) Construction Contract $8,631,300 Contingency set aside $400,000 Alternate #8 Lower Level $691,000 TOTAL COST $12,005,300 The table below shows a summary of the funding sources to cover the project costs. Transit Center — Approval of construction of Lower level Page 5 of 5 March 21, 2012 FUND SOURCE AMOUNT Grants FTA $1,910,872 MTA - PC 10% $4,187,000 MTA CMAQ $905,000 MTA Parking Management $186,000 City Fends Prop C (City Match) — used $610,100 for Land $2,500,000 Gas Tax (City Match) $1,200,000 Measure R (City Match) $425,428 Asset Forfeiture and /or Prop C Funds $691,000 TOTAL FUNDING SOURCES $12,005,300 FISCAL IMPACT There is no fiscal impact on the General Fund related to the award of contract for alternate #8, "Lower Level ". There are sufficient funds available in Asset Forfeiture Fund to cover $300,000 of eligible costs and sufficient funds are available in Prop C to cover the entire cost of this alternate if needed. RECOMMENDATION Staff therefore recommends that the City Council. 1, Approve a contract amendment with PCL Construction Services Inc. for construction of the Lower Level at a cost of $691,000. 2. Authorize the Mayor to execute a contract amendment after review by the City Attorney and after it has been executed by the contractor. 3. Authorize Finance Director to appropriate $300,000 from Federal Asset Forfeiture and $391,000 from Prop C and to carry forward any remaining balance not spent to the FY 2012 -2013 budget for this project. 4. Direct the Public Works Director to seek necessary approvals and complete paperwork to use Prop C funds 5. Staff further recommends that the City Council authorize The Finance Director to designate additional $300,000 in Prop C in case use of Asset Forfeiture Funds is not approved. ATTACHMENTS Attachment 1 Table of Alternates Attachment 2.1 -2.3, Area Exhibits ArrA CH M c N T t o 4 Q o Q o U rO 0O d C O O O O O m � rn V O LD to P, AA -(n icen F Q a L@ T y o 3 O o O h a�i oo '�, +' a ,� o m ro p ui E v a v Q. m 1f7 O "J N V �' fT a v ° 41 L Q JJ E P L Q o W y L V) O N ro N j W D rAv m V) v o Q +, Q -0 0 O �- C a Q) F, c O o a) w a u w La a QL ) O 7 f0 3 Q) j L a) m t VI v) o U Q. 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G u a c w e • y .m U w V w L Y yC ° i U C °u •' ? 4' ..Q m c (n m ° m w U {� g' L O c m e N wC 'r3 V1 U 'a > 'a U 2 C Q Qy N y a E C O C L C a ��x) ¢°m Q °,� � a°O. a °0C. 0UJ to o� ag o °a° ° w Q � � 0 O _ wN vrn J U Y 0: Q b � a ,w , � Q 0 U 41 U� a 4- 0 W M 5 a O n uZar y 4i � Q� ciQUF cn� atj L+ uQ A a") cu a a ink a� [�A4} V' rr� tf d � � � r 1� I\ ATTACHMENT 2.1 p q� Sp -n 71 C) d (9 co r 4� q� y 0) jl s8 o� od04 -u a SQ 95 Zn 8g� f5Q 95 � P is 0 N W cn co 44.33 C314 9�a�Z W� n ISO Oti o �1 wo o� N _, cla O� N L CIO i o y a ON 249.56 (J! a � - N o, Py O 0 - �o 150 C �, o �u 00 u�rte ern a— w =\eknwzw, as f MAINE AVENUE ATTACHMENT 2.2 �4tA A p I I I A ; ME TMCK ACCESS PLAN � S CHEMATIC BALDWIN PARK TRANSIT CENTER HII p ° f i) DESIGN PARKING STRUCTURE 1 f ,} 8 BNDYr7N PAW C.0 nWA r o II ` I I I I n h C4 m¢ n c— n N Q M a 0 cn t` N [D f` n �I ffl I I I f• Schematic Design ATTACHMENT 2.3 m¢ N - I..... ..... I I i I i to af w x U O 5 F w Aj ry o II ` I I I I n h C4 m¢ n c— n N Q M a 0 cn t` N [D f` n �I ffl I I I f• Schematic Design ATTACHMENT 2.3 m¢ N - I..... ..... I I i I i to af w x U O 5 F w AGENDA BALDWIN PARK FINANCE AUTHORITY March 21, 2012 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 BALDWIN P - A- R- K Manuel Lozano - Mayor Susan Rubio - Mayor Pro Tern Marlen Garcia - Council Member Monica Garcia - Council Member Ricardo Pacheco - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING /S IN PROCESS POR FAVOR DEAPAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Council or Se invita at publico a dirigirse at Concilio o cualquiera otra de any of its Agencies listed on this agenda on any matter sus Agencias nombradas on esta agenda, para hablar sobre posted on the agenda or on any other matter within its cualquier asunto publicado en la agenda o cualquier tema que jurisdiction. If you wish to address the City Council or any este bajo su jurisdiccion. Si usted desea la oportunidad de of its Agencies, you may do so during the PUBLIC dirigirse at Concilio o aiguna de sus Agencias, podro hacerlo COMMUNICATIONS period noted on the agenda. Each durante of perlodo de Comentartos del Publico (Public person is allowed three (3) minutes speaking time. A Communications) anunciado en la agenda. A cada persona se Spanish speaking interpreter is available for your le permite hablar por tres (3) minutos. Hay un interprete par& convenience. su conveniencia. Any trrrttenpublic record relating to ai-: aegend , ite;f? '�P DO "")* 7 a reoula% m"s-e ng of the A'! :'y ih t rs distributed to the Authority iess tr:c r 7'3 i:« f=: �;tr��r #r� t%i��t :�:?eeitf�� r ;.f,,, b e available for public r' a l in the City Clerk's office at 14403 E. 3rd F,('- d;" r _ -- n?yral' usiness hours (tv}vr�a�iy CALL TO ORDER ROLL CALL FINANCE AUTHORITY REGULAR MEETING -- 7:00 PM Council Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tern Susan Rubio and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL Comm& No se podra tomar action en algOn asunto a menos que sea incluido en la agenda, o a menos que exists alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos pare tomar en consideration en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1, TREASURER'S REPORT: JANUARY 2012 Staff recommends the Finance Authority receive and file the January 2012 Treasurer's Report. (Item #2 on the City Council Agenda, and Item #1 on the Housing Authority Agenda) ADJOURNMENT CERTIFICATION I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 15th day of March, 2012. �,W ZI'Z Alejandra Avila City Clerk Finance Authority Agenda -- March 21, 2012 PLEASE NOTE. Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2"' Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960 -4019, Ext. 466 or via e-mail at Fsalceda @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 34.902.104 ADA TITLE 11) Finance Authority Agenda — March 21, 2012 FINANCING AUTHORITY AGENDA ►sae a 1 ITEM NO. i Finance Authority Item #1 See Item #2 on the City Council Agenda AGENDA BALDWIN PARK HOUSING AUTHORITY March 21, 2012 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 BALDWIN P - A- R- K Manuel Lozano Susan Rubio Marlen Garcia Monica Garcia Ricardo Pacheco Mayor Mayor Pro Tern Council Member Council Member Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FA VOR DE APA GAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita at publico a dirigirse at Concilio o cualquiera Council or any of its Agencies listed on this agenda otra de sus Agencias nombradas en esta agenda, para on any matter posted on the agenda or on any other hablar sobre cualquier asunto publicado en la agenda o matter within its jurisdiction. If you wish to address cualquier tema que este bajo su jurisdiccion. Si usted the City Council or any of its Agencies, you may do desea la oportunidad de dirigirse at Concilio o alguna de so during the PUBLIC COMMUNICATIONS period sus Agencias, podra hacerlo durante el periodo de noted on the agenda. Each person is allowed three Comentarios del Publico (Public Communications) (3) minutes speaking time. A Spanish speaking anunciado en la agenda. A cada persona se le permite interpreter is available for your convenience. hablar por tres (3) minutos. Hay un interprete Para su conveniencia. Ar)y writter? public. record relaling to are agenda item; fr,' '?n Open sos° ion of a togu!af- ineeting of the ; -lou rnq Aw!iu, 4y that is distributed to the City Council less than 72 hours prior to that meeting will be available for public inspection a' Laity Hall in the City Clerk's office at 74403 E. Pacific Avenue, 3rd Floor during normal business hours (Mooday - i hursday, T30 a. m. - &00 p. fm) HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Council Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tern Susan Rubio and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar action en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. TREASURER'S REPORT: JANUARY 2012 Staff recommends the Housing Authority receive and file the January 2012 Treasurer's Report. (item #2 on the City Council Agenda and Item #1 on the f=inance Authority Agenda) 2. HOUSING AUTHORITY STATUS REPORT Staff recommends the Housing Authority receive and file the Housing Authority Status Report. PUBLIC HEARINGS ADJOURNMENT CERTIFICATION I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this '15th day of March, 2012. Alejandra Avila City Clerk PLEASE NOTE. Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2id Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960 -4011, Ext. 466 or via e-mail at Fsalceda @baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) HOUSING AUTHORITY AGENDA MAR 2 1 ITEM N0. J.- Housing Authority Item #1 See Item #2 on the City Council Agenda HOUSING AUTHORITY AGENDA MAR 2 1 Ira r CITY OF BALDWIN PARK STAFF REPM NO. ot BALDWIN P •A•R• K TO: Honorable Chairman and Members of the Housing Board FROM: Marc Castagnola, AICP, Community Development and Housing Manager DATE: March 21, 2012 SUBJECT: Housing Authority Status Report PURPOSE To provide a status report for the month of November regarding Housing Authority operations for Section 8 and Public Housing, CDBG, HOME, 20% Set Aside, Homeless Prevention Rapid Re- Housing Program (HPRP) and Neighborhood Stabilization Programs (NSP). BACKGROUNDIDISCUSSION The Baldwin Park Housing Authority (BPHA) administers several housing programs funded through Federal and State resources. Highlights of the work items are summarized in the table below: Community Development Status Residential Rehabilitation One 20% set -aside project for FY 11112 was completed. No new CDBG projects were approved in February 2012. Lead Paint Testing (CDBG All properties participating in the City's rehabilitation programs and HOME) are tested for Lead Based Paint and are abated as needed. 3 properties have been tested this fiscal and did not require abatement. First Time Home Buyer One FTHB loan has been approved in FY 11112 with 20% Set (HOME) Aside funds. Moderate income loans are no longer available due to the elimination of set -aside funds. CDBG FY 12113 Public At their February 2, 2012 meeting, the Joint Commission finalized Service Annual Funding their recommendations for public service programs to be resented to the City Council in March 2012. Housing and Economic The City acquired and rehabilitated 3 foreclosed properties. One Recovery Act of 2008 (HERA) property was sold and the homebuyers moved in November 11, Neighborhood Stabilization 2011. The remaining 2 are pending approved buyers. The Programs (NSP) properties will be in advertised in March issue of the NOW. American Recovery and As of February 29, 2012, the City has assisted 81 Baldwin Park Reinvestment Act of 2009 residents that were considered at risk homeless with rental (ARRA) Homeless Prevention assistance, relocation expenses and utilities. Rapid Re- Housing Program - HPRP HA Status Rpt December 14, 2011 Housing Authority (HA) — -- Status Housing Choice Voucher HUD requires that the HA expend no less than 98% of Program Section 8 and its Housing Assistance Payment Budget for units Public Housin leased. As of February 29, 2012, the BPHA Budget Total Units under Lease - As of January 31, 2012, the BPHA administered 567 units under contract. Of those, 86 are for tenants that are transferred from other agencies. Customer Service /Case Files 327 Customers were assisted at the front counter 5 New Contracts were processed Monthly PIC Submittals 47 Annuals were completed in the month of January 17 Interims were processed 1 Counseling Sessions were provided to tenants regarding possible program violations 1 End of Participation was completed due to program violations Inspections The HA Inspectors conducted 114Annual inspections, 8 Initial inspections for new contracts and 0 Special Inspection for possible program violations. Utilization Rate and Budget HUD requires that the HA expend no less than 98% of Authority its Housing Assistance Payment Budget for units leased. As of February 29, 2012, the BPHA Budget Authority Rate for the month of February 2012 is projected to be 260 %. At HUD request, the BPHA is reviewing its expenses and lease up requirements to seek methods of increasing the number of units under lease while decreasing the expenses per unit. Monthly PIC Submittals HUD requires that all Annual re- examinations are completed and submitted to the PIH Inventory Management System on a monthly basis. Each month, the rating must be 95% or greater. The BPHA's PIC rating as of February 29, 2012 for Public Housing is 100% and for Section 8 is 98.41 %. Family Self Sufficiency There are a total of 13 FSS contracts executed and Program Intake assessments are being processed 20 additional households for eligibly. Public Housing — McNeil There is currently one vacancy at Mc Neil Manor units. Manor Applications are being reviewed to seek an eligible Senior household to rent the unit. Recommendation Receive and File