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HomeMy WebLinkAbout2011 06 15NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, JUNE 15, 2011 at 5:30 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. Dated: June 9, 2011 NO OTHE B USINESS WILL BE DISCUSSED Manuel Lozano Mayor 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 June 9, 2011. '41 Alejandra Avila City Clerk � F C� CITY COUNCIL SPECIAL MEETING Please note June 15, 11 meeting location 5:30 p.m. , CITY HALL — 3rd Floor, Conference Room 307 144 03 EAST PACIFIC AVFNUF BALD WIN PA CA i 7 06 (626) 560 -4011 BALDWIN - Manuel Lozano - Mayor Marlen Garcia - Mayor Pro Tem Monica Garcia - Council Member Ricardo Pacheco - Council Member Susan Rubio - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias 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 dirigirse 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) minutos. Hay interpreter is available for your convenience. un interprete para su conveniencia. CITY COUNCIL SPECIAL MEETING — 5:30 P.M. CALL TO ORDER ROLL CALL: Council Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tern Marlen Garcia and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera e/ 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 §554954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETS No se podra tomar acci6n en algOn asunto a menos que sea incluido en la agenda, o a menos que exista algClna emergencia a 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 y10 fUar asuntos para tomar en consideraci6n en juntas proximal. [Codigo de Gobierno §54954.2] RECESS TO CLOSED SESSION OF THE CITY COUNCIL 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 LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One case RECONVENE IN OPEN 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. June 9, 2011. t i 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, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Qaldwrrr Park. For fort, ",er;irformat(onregarding agenda aul!!J, please contact the office of the City Clerk at 626.960.4011, ext. 466. 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) *NMI -:04 livii WD I: a gel 0 1 M tune 15, 201,4. 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 BALDWIN P - A - R, K Manuel Lozano Marlen Garcia Monica Garcia Ricardo Pacheco Susan Rubio - Mayor - Mayor Pro Tem - Council Member - Council Member - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DEAPAGAR SUS rELEFONOS CELULARES Y BEEPERS DURANTELA 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, es, 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 p6blico 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 est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o a1guna de sus Agencias, podr6 hacerlo durante e/ perfodo de Comentarios del POblico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE U01u y'An CITY COUNCIL REGULAR MEETING — 7:00 PM Council Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tern Marlen Garcia and Mayor Manuel Lozano ANNOUNCEMENTS ..! . A ♦ s m ki I. . • - Presentation to outgoing Deputy City Clerk Laura Nieto PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL 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. [Codigo de Gobierno §54954.2] All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends City Council receive and file. 2. 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. 3. MINUTES Staff recommends City Council approve the minutes of the June 1, 2011 meeting (special). City Council Agenda — June 15, 2011 Page 2 4. MONTHLY FINANCIAL REPORT: MAY 2011 Staff recommends City Council receive and file the monthly financial report for the period ended May 2011. 5. ANNUAL STATEMENT OF INVESTMENT POLICY Staff recommends City Council receive and file the Statement of Investment Policy for Fiscal Year 2011 -2012. 6. APPROVAL OF THE PLANS AND SPECIFICATIONS, AND AUTHORIZATION TO ADVERTISE AND SOLICIT BIDS FOR THE INSTALLATION OF A TRAFFIC SIGNAL, AND THE PREORDER OF THE TRAFFIC SIGNAL POLES FOR THE BADILLO STREET AND WILLOW AVENUE INTERSECTION Staff recommends City Council 1) Approve the plans and specifications for Traffic Signal on Badillo Street and Willow Avenue; 2) Authorize staff to advertise and solicit bids for the construction phase; and 3) Authorize expending approximately $30,000 for pre - ordering the traffic signal poles ahead of the construction contract, such amount shall not be inch ded be credited by the contractor. 7. APPROVAL OF CONTINUING APPROPRIATION FOR FISCAL YEAR 2011 -12 Staff recommends City Council waive further reading, read by title only and adopt Resolution No. 2011 -025 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2010 -11 BUDGET FOR FISCAL YEAR 2011 -12 PENDING FINAL APPROVAL OF THE 2011 -12 BUDGET." SET MATTERS - PUBLIC HEARINGS (7:00 P.M. or as soon thereafter as the matter can be heard). If in the future you wish to challenge the following in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk and /or City Council at or prior to the public hearing. 8. PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2011-022, ORDERING THE ASSESSMENTS FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2011-2012 Staff recommends City Council conduct the public hearing and following the public hearing waive further reading, read by title only and adopt Resolution No. 2011 -022 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2011 -2012, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS." 9. PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2011 -023, ORDERING THE ASSESSMENTS FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2011 -2012 Staff recommends City Council conduct the public hearing and following the public hearing waive further reading, read by title only and adopt Resolution No. 2011 -023 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN City Council Agenda — June 15, 2011 Page 3 PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2011-2012, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS." 1-sawel it mqqa�� 10. INTRODUCTION OF ORDINANCE 1343 TO ADD CHAPTER 156 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO REPORTS OF RESIDENTIAL PROPERTY RECORDS AN ESTABLISHING A FEE FOR SAID SERVICE Staff recommends City Council introduce for first reading Ordinance No. 1343 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 156 TO THE BALDWIN PARK MUNICIPAL (-.nnp RELATING TO REPORTS OF RESIDENTIAL PROPERTY RECORDS" anU waive further reading, read by title only and adopt Resolution No. 2011-024 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE SETTING OF FEES FOR ISSUANCE, PROCESSING, AND FILING OF VARIOUS CITY SERVICES AND PERMITS IN THE CITY, RELATING TO THE PROPERTY RECORDS REPORT PROGRAM." CITY COUNCIL I CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS ADJOURNMENT Lqgmla 1, 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 9th day of June 2011. ix "'t Alejandra Avila City Clerk City Council Agenda — June 15, 2011 Page 4 CITY COUNCIL AGENDA TO: Honorable Mayor and Members of the City Council FROM: Lorena Quijano, Finance Director tl DATE: June 15, 2011 SUBJECT- Warrants and ne-mands 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 193615 — 193667. Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 215264 — 215520 for the period of May 15, 2011 through May 28, 2011 inclusive; these are presented and hereby ratified, in the amount of $382,024.46. 2. General Warrants, including check numbers 185800 to 186024 inclusive, in the total amount of $635,201.86 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. 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C) . 0 . 0 . 0 E. 1 0 m . . . . 0 - - 0 - - LO � M - 0 - CD - to M H Co 0 C; 0 0 1) MM Ln m Ln ; m Ln Ln U) 0 0 la to r- rn Ln c) 0 0 0 0 cli 00 Ln 0 110 r- m m m i Ln VY Ln (N CN m lzv r-A 14 w m r- C- U) m 0 (n 0 �i Lf) 'n m 0 VY 'A V). N Q)- (n iJ} 1� V} m OD r- V). rl) V)- m V). H muy -i C14 V} 00 t 0 'll Ln 00 0 H N m -i -i H H H Cq N N cq N C> 0 0 ID 0 0 0 O 0 ID C) to LD w w w lD LD w 00 w to co co 00 00 co co w co 00 co 00 H H H H El H H H H H H H r-i H 04 0 � 0 0 00 (D C) CD 0 C14 m Ln m �o 0 0 0 1-1 0 0 0 P P El H H 0 u u u U u u W W u FC 0 r-4 04 0 -- 4t r4 Q 0 0 El 0 El 0 =A- Ell 0 El CITY OF BALDWIN P CITY COUNCIL AGENDA S TA F F R BMW -01, 11� 7EM NO.-, TO: Honorable Mayor & Members of the FROM: Vijay Singhal, Chief Executive Offi( DATE: June 15, 2011 SUBJECT: Proposed Recognitions by the Mayor and City Council. 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. REQUESTS/RECAP The following requests for plaques and certificates were received: Requested By List of Honorees Time/Date/Place of Presentation bate Needed Administration Laura Nieto, Farewell Plaque (8 yrs of Service) 12:00pm/June 9th ARC Plaque 06-09-11 RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques, proclamations, and certificates. CITY OF BALDWIN PARK CITY COUNCIL 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor/ Chair Marlen Garcia, Mayor Pro Tern / Vice Chair Monica Garcia, Ricardo Pacheco, Susan Rubio Council Members / Members Maria Contreras, City Treasurer Alejandra Avila, City Clerk The CITY COUNCIL of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. Lff-Alimm • 0000kkkNbla • NONE 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 LEGAL COUNSEL - POTENTIAL LITIGATION GC§54956.9(b) Two (2) Cases *Agenda was amended on May 31, 2011 at 2:10 p.m. to add Item #2 There being no other matters for discussion the meeting was adjourned at 7:00 p.m. Approved as presented by the Council at their meeting held June 15, 2011. Laura M. Nieto, CIVIC Deputy City Clerk MINUTES CITY OF BALDWIN PARK LD WEDNESDAY, JUNE 013 CITY COUNCIL .0"', V, 2011 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Chair Marlen Garcia, Mayor Pro Tern Vice Chair Council Members / Members: Monica Garcia, Ricardo Pacheco, Susan Rubio Maria Contreras, City Treasurer Alejandra Avila, City Clerk The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and place. Mayor I n7nnn introduced Eve Tinrrill of Bradoaks EInmnntnr\/ Who, Was elected as Council Member of the school's City Council. Council Member Rubio is Eve's teacher PLEDGE OF ALLEGIANCE Led by Eve Terrill Present: Councilmember Marlen Garcia, Mayor Lozano, Councilmember Rubio, Mayor Pro Tern Pacheco. Absent: Councilmember Monica Garcia. Also Present: Chief Hadsell, City Treasurer Contreras, City Clerk Avila, Deputy City Clerk Nieto, Recreation & Community Services Director Carrillo, City Attorney Pannone, Community Development Manager Castagnola, Public Works Director Galvez, Chief Executive Officer Singhal, Finance Director Quijano. Council Member Monica Garcia arrived at 7:10 p.m. ANNOUNCEMENTS Council Member Rubio reminded the audience about the upcoming history day event and encouraged the community to attend City Treasurer Contreras announced that it was Deputy City Clerk Nieto's last Council meeting and thanked her for the work she had done with the City Mayor Pro Tern Marlen Garcia requested to adjourn in memory of Olivia Carrillo, Baldwin Park resident and mother of former Planning Commissioner Andrea Carrillo, She asked that a letter and scroll of condolence be sent City Treasurer Contreras closed in memory of Mr. Pelarez who passed two weeks ago PLEDGE OF ALLEGIANCE Led by Eve Terrill INVOCATION Led by Council Member Pacheco PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Presentation to Seniors of the Year Victor Padilla and Esperanza Herrera Mayor Lozano invited Mr. Padilla and Ms. Herrera to the dais. Honorary Mayor Terrill read the plaque and they were presented to the honorees • Certificate presentation to St. John the Baptist King Antonio Abner and Queen Alexa Pacheco King Abner and Queen Pacheco were introduced and Council Member Pacheco gave some background on the event. Each of the students shared some words with the audience Certificate presentation to staff, volunteers and schools who participated in the Military Care Package Program City Clerk Avila provided background on the program and the participants were presented with certificates PUBLIC COMMUNICATIONS Ken Woods, resident expressed his disappointment that the Council did not honor Memorial Day and the fallen soldiers who had given their lives for our freedom. He observed silence for the remainder of his speaking time Greg Tuttle, business owner spoke about the representation by Council Member Monica Garcia on the San Gabriel Valley Council of Governments; the budget meeting and usage of city funds for meals Edward Martinez, resident invited the community to the upcoming History Day event and car show. He encouraged everyone to attend Teri Muse representing Waste Management provided flyers for the Great American Clean Up and announced the event dates. She encouraged the public to attend Council Member Rubio suggested that the information be provided to the school district for distribution to the students. Public Communications were closed at 7:37 p.m. Motion: Approve CONSENT CALENDAR Moved by Mayor Lozano, seconded by Councilmember Marlen Garcia. City Council received and filed. City Council approved the preparation and presentation of the plaques, proclamations and certificates as outlined in the staff. report. 3. M I N UT ES City Council approved the minutes of the May 18, 2011 meeting (special.) 4. CITY TREASURER'S REPORT - MAY 2011 City Council received and filed. 5. APPROVAL OF THE SPECIFICATIONS AND AUTHORIZE STAFF TO SOLICIT BIDS FOR AN EECBG FUNDED PROJECT TO INSTALL HIGHLY REFLECTIVE STREET NAME SIGNS AND TO INSTALL ENERGY EFFICIENT OUTDOOR LIGHTS AT CERTAIN CITY PARKING LOTS AND PATHWAYS City Council approved the specifications and authorized staff to advertise the project for installation bids. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS * Request by Council Member Pacheco for discussion on the following: Council discussion and consideration to adopt a resolution in support of the National Museum of the American Latino (continued from May 18, 2011) Council Member Pacheco requested that Council consider sending a letter or resolution of support for the National Museum of the American Latino and provided some background on the program Request by Council Member Rubio for discussion on the following: Discussion and consideration to change the format of the "Concerts in the Park" intermission to allot time for the Council to showcase local talent Council Member Rubio expressed her desire to have some time to spotlight local talent, and asked Director Carrillo to contact the local high schools to seek out performers. Mayor Lozano expressed that he wanted the intermission to stay as is but supported a time for local talent to be spotlighted at the beginning of the concerts. Mayor Lozano requested that the two brothers from Baldwin Park who play guitar be brought in to perform. Mayor Pro Tern Marlen Garcia commented about the pre-concert activities, noting that they had been cut due to budget limitations, and she expressed her support of bringing local talent in for the pre-concerts. She suggeseted that they could then be recognized at the end of the regular concert Council Member Rubio wanted staff to reach out to the teachers for recommendations on performers Mayor Lozano inquired about his prior request item regarding protecting home buyers from being exploited. He expressed the need to crack down on predatory realtors. CEO Singhal reported that the item would be brought fOrward at the next meeting. Mayor Lozano wanted to see a program that would stick so that people did not get taken advantage of. The Mayor, Council Members, City Clerk and City Treasurer each shared some words for Deputy City Clerk Nieto, who had accepted a position with the city of Irwindale. They thanked her for her service and wished her the best on her future endeavors Council Member Pacheco congratulated the graduates from the local high schools and suggested bringing them to Concerts in the Park for recognition City Clerk Avila thanked the Police Department for the recent open house and spoke about how important it was to spotlight the department There being no other matters for discussion the meeting was adjourned in memory of Olivia Carrillo and Mr. Pelarez at 7:52 p.m. Approved as presented by the Council at their meeting held June 15, 2011. Laura M. Nieto, CIVIC Deputy City Clerk P - A - R - K DATE: June 15, 2011 S! ILA Mr-r: ftfi.- ®..0,1— V:,.®.® - -;-1 0--- . 1kilay o)nol o. vv vVa�v a lilvllLAINY I !Il tIIWIGII 1 %%;rtJ%J1 6. IVIQy LV 1 i Y JUN 15 ITEM NQ, STAFF REPO The purpose of this report is to provide City Council with a monthly financial report for the period ended May 2011. The City's Fiscal Accountability Policy requires that a monthly financial report be presented to the City Council from September thru May. This report provides data up to the month May 2011. DISCUSSION The Monthly Financial Reports provide the City Council and staff with a monthly budgetary status. The City has faced some challenges with decreased revenue collections in some areas. However, the decreased revenues will be offset by expenditure savings from various departments. As of the end of May, we are anticipating that we will be able to finish the fiscal year with a balanced budget as noted below, so long as the State doesn't come at take away the Redevelopment Agencies. Adopted Annual Budget YTD Revenue/ Expenditures Projected June 30, 2011 Projected vs. Adopted Budget Revenues 24,766,000 21,257,879 23,459,060 - 1,306,940 Transfers In 100,000 2,575 63,000 - 37,000 Total Rev /Transfers In 24,866,000 21,260,454 23,522,060 - 1,343,940 Expenditures 23,104,250 19,109,494 21,875,996 - 1,228,254 Transfers Out 1,671,930 831,400 1,511,930 - 160,000 Total Ex /Transfers Out 24,776,180 19,940,894 23,387,926 - 1,388,254 Grand Totals 89,820 1,319,560 134,134 44,314 Monthly Financial Report: May 2011 Page 2 Following is a more detailed discussion on revenues and expenditures: Revenues The 2010 -2011 Adopted Budget included at total of $24,866,000 in revenue projections. These revenues and the related revenue projections are reflected below into four categories: Category Adopted Annual Budget YTD Revenue Projected June 30, 2012 Projected vs. Adopted Budget TaxPS 1Q 30n nnn 17 72n g25 : 1Q 321 46n 91 a6n Police Revenues 2,823,800 1,560,674 1,962,500 - 861,300 Construction Revenues 1,085,500 855,154 912,000 - 173,500 Other Revenues 1,556,700 1,121,126 1,263,100 - 293,600 Subtotal 24,766,000 21,257,879 23,459,060 - 1,306,940 Transfers In 100,000 2,575 63,000 - 37,000 Grand Total 24,866,000 21,260,454 23,522,060 - 1,343,940 The expected revenue shortfall is $1.3 million based on the decreased transfers of monies that are expected from other funding sources and decreases in other revenues as mentioned below. The following is a brief summary of the major fluctuations, both positive and negative reflected above: 1. "Taxes" Taxes are expected to be higher by about $21,460. Although there is an increase in Sales Taxes of about $365,000 this increase will be offset by decreases in the amount expected from utility user's tax (mainly tax from phone companies), business license tax and franchise tax. 2. "Police Revenues" Police Revenues are estimated to be lower by $861,300. As discussed in previous reports, the decrease is due to less franchise taxes from Royal Coaches and Vehicle Release Fees that have been decreasing since last August/September when changes to the DUI checkpoint and impound policies were made. Reductions are also included for reductions in Vehicle Code Fines related to RedFlex violations and for decrease in the collectability of parking citations. 3. "Construction Revenues" Construction revenues are expected to be lower approximately $173,500. As we know, the construction industry has yet to recuperate and with housing prices decreasing once again we might have another delay until these revenues Monthly Financial Report: May 2011 Page 3 recuperate. Also, it is important to note that a decrease in construction activity affects construction permits and building plan checks. 4. "Other Revenues " • Other revenues are anticipated to be lower by $293,600. Revenues included are Interest Income, which has been significantly reduced by decreases in LAIF to less than 0.50 %, revenues from capital management fees (about $125,000) which will not be collected since salaries are being charged directly to the funding source and a decrease in recreation revenues (about $75,000), mainly due to a decrease in Latchkey revenues, which will be offset by salary savings. As noted above some revenue reductions are anticipated to be offset by some revenue increases, the remaining shortfall will be offset by expenditt IrP savings as noted below. 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. Expenditures The 2010 -2011 Adopted Budget included at total of $24,766,180 comprised of the following: Category Adopted Annual Budget Expenditures as of May 2011 Projected June 30, 2011 Adopted vs. Projected Personnel 17,804,900 15,093,738 16,787,663 1,017,237 Maintenance 989,250 640,798 824,480 164,771 Internal Charges 1,861,600 1,706,496 1,861,600 0 Contractual 2,383,500 1,653,096 2,382,886 614 Capital 65,000 15,366 19,368 45,633 Total Expenditures 23,104,250 19,109,494 21,875,996 1,228,254 Transfers 1,671,930 831,400 1,511,930 160,000 Grand Total 24,776,180 19,940,894 23,387,926 1,388,254 As of May 2011, expenditures are currently projected to be at a savings of $1.4 million at the end of the year and will offset the anticipated revenue shortage. The major savings are from the following: • The biggest savings of $1 million is from personnel costs since positions in the various departments, which were vacant or became vacant, have remained unfilled during the year. • Reallocations of expenditures in the Police Department. Staff has reviewed the expenditures and if necessary the City can re- allocate eligible overtime of about Monthly Financial Report: May 2011 Page 4 $200,000 to the Asset Forfeiture for time pertaining to or spent in pursuit of activities eligible within fund. It is anticipated that by the end of the year savings from vacancies in the police department are expected to offset the police revenue shortage discussed in the revenue section. • Lastly, there are expenditures savings of $160,000 from less "transfers out" from the General Fund to other funds. Some salary savings and other cost reductions will be in other funds such as CDC that are subsidized by the General Fund. Several of the vacant positions are also funded in these funds resulting in salary savings in these funds as well. Lower than anticipated expenditures in these funds will result in lower transfers out from the General Fund. Based on current trends, we anticipate the budget to stay balanced so long as vacant positions stay vacant and departments continue to monitor expenditures in nrrr-ler to achieve the savings explained above. Trends for Other City Funds Other city funds can be categorized into restricted funds and those supported /subsidized by the General Fund. While any shortfall in subsidized 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 current projections, these fund's are within budget and transfers are anticipated to be lower than budgeted because these other funds have lower expenditures and will require a lower subsidy. In the restricted funds, monies are subject to restrictions, for example; Asset seizure, grant funds and funds which have legal or other restrictions. No adverse trends are noted in these restricted funds. Summary As discussed above and based on current trends, we anticipate a revenue shortfall that will be offset by both expenditure savings and transfers to eligible sources. However, problems with the State budget and their efforts to grasp local revenues and now to eliminate Redevelopment Agencies may cause impacts. Staff will continue to closely monitor revenues, expenditures and State actions and will propose necessary changes if warranted. FISCAL IMPACT None RECOMMENDATION Staff recommends that the City Council receive and file the monthly financial report for the period ended May 2011. • • r"Ifliffiff 01121 1 ii a W Honorable Mayor and City Council Memb Lorena Quijano, Director of FinancCV19- June 15, 2011 SUBJECT: Annual Statement of Investment Policy PURPOSE CITY COUNCIL AGENDA Thi(z rpnnrf requests City Council nnnroVpl of the 1nwp.CtMpn+ IDnfir— fnr Fi--P.1 Year 1-r-1 -1 - -�'V' —.1 �11 2011-2012. BACKGROUND/ANALYSIS The State of California Government Code Section 53600 et seq. allows a local agency, having cash not required for the immediate necessities of the agency, to invest such portion of the money as it deems wise or expedient in certain types of investments. As reported in the Monthly Treasurers Report, the City of Baldwin Park has investments with Local Agency Investment Fund. The Statement of Investment Policy is reviewed annually to include new guidelines, if any, for investing the City's money and has also been reviewed by our audit firm Vasquez and Company. The City's cash management system is designed to forecast immediate cash requirements and invest surplus monies to the fullest extent possible. City staff makes investment decisions with care, skill, prudence, and diligence under the circumstances then prevailing, that a prudent person acting in a like capacity would use (Civil Code Section 2261, et seq.), and shall only make those investments allowable under the State of California Government Code Section 53600 et seq. The criteria for selecting investments and their order of priority are (1) safety, (2) liquidity, and (3) yield. As a result of the annual review, the City's Investment policy has been found to be in compliance with the Government Code. RECOMMENDATION Staff recommends that the City Council receive and file the attached Statement of Investment Policy for Fiscal Year 2011-2012. ATTACHMENT A. Annual Statement of Investment Policy CITY OF BALDWIN PARK STATEMENT OF INVESTMENT POLICY June 15, 2011 ATTACHMENT "A" The Investment Policy establishes guidelines for the investment of the City's surplus cash that is not required to meet the daily cash flow needs of the City. The investment Policy outlines the investment objectives and the allowable investments in accordance with applicable laws of the State of California. 1 Thp 1nvt=ctmt=nt Pnlinx/ Pnnfipq trx :01 fin5inr-inl aczQntcz of tha (-;+Ni -_-Ac the Comprel lensive Annual Financial Report. 2, The Investment Policy applies to activities of the Citv with regard to im/pzfina surolus cash of all funds, including the following: a. General Fund b. Housing Authority C. Redevelopment Agency d. Finance Authority e. Special Revenue Funds f. Capital Project Funds g. Debt Service Funds h. Internal Service Funds i. Trust & Agency Funds C. DELEGATION OF AUTHORITY The City Council has appointed the City's elected Treasurer to be responsible for surplus cash management and investment decisions and transactions. Daily cash management responsibility has been delegated to the Finance Department Accounting Manager, who shall ensure compliance with the City's investment policy. All investment transactions are approved by either the Treasurer or the Finance Director. D. OBJECTIVES The primary objectives, in order of priority, of the City of Baldwin Park's investment activities and criteria for selection of investments shall be: 1. SAFETY: The safety and risk associated with an investment, refers to the potential loss of principal, interest, or a combination of these amounts. Safety of principal is the primary objective and only those investments considered to be very safe will be utilized by the City of Baldwin Park. The City shall seek to ensure that capital losses resulting from securities default or erosion of market value are avoided. Page 1 City of Baldwin Park Statement of Investment Policy June 15, 2011 2. LIQUIDITY: This refers to the ability to "cash in" at any moment in time with a minimal chance of losing a portion of the principal or interest. Liquidity shall remain sufficient to enable the City of Baldwin Park to meet anticipated operating needs. 3. YIELD: Yield is the potential dollar earnings an investment can provide; this is also described as the rate of return. The City's investment portfolio shall be managed to obtain market rates of interest while preserving and protecting capital in the overall portfolio. E. ETHICS AND CONFLICTS OF INTEREST C!_I- _ . _ e _ s s tom ..> S! �..,.m. L.� r...m. .o..m ! ! Vlllclais and ernpluyeeS involved Ill the inveStlllenl'rULI✓SS SIIGIII lelldlll flVlll ctll pelSVncll business activity that could conflict with the management of the investment program, or Impairs their ability to make impartial investment decisions. All individuals involved shall ;;Efts -.l,. .. _vo1 S e .1 ! unrv-r4s- ..�1...na. . .0 e Filtth ! i California ctn#.^ k%A is i ose ali i _ 1 i v ...4v .....,v F;Wflr i 1. The City shall maintain a cash management system which accurately monitors and forecasts revenues and expenditures enabling the City to invest surplus cash to the fullest extent possible. 2. The City shall apply the prudent investor standard in the context of managing the overall portfolio. When making investment decisions, the City shall act with care, skill, prudence, and diligence under circumstances then prevailing, including but not limited to, the general economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of like character and with like aims, to safeguard the principal and maintain liquidity needs. 3. The City shall manage the investment portfolio with a buy -and -hold strategy rather than to seek optimal returns through such techniques as swaps. The buy- and -hold strategy ensures the return of all invested principal monies. The latter approach would require an allocation of resources, the cost of which may be greater than the benefit realized. G. INVESTMENT PORTFOLIO 1. The City is authorized to invest in certain types of securities in accordance with the California Government Code Section 53601 et seq. and 53635 et seq. Authorized investments shall also include investments with the Local Agency Investment Fund in accordance with the California Government Code Section 16429.1. The City has further limited the types of securities in which the City may invest. Any security not listed is not an authorized investment of the City. The City will invest only in the following investments: Am City of Baldwin Park Statement of Investment Policy June 15, 2011 Per Government Code Section 53601 Max Allowable Max Max Investment Allowable Percentage Percentage Maturity Per Issuer • U.S. Treasury Obligations (Bills, Notes, and Bonds) • U.S. Agency Securities and Instrumentalities of Government Sponsored Corporations • Negotiable Certificates of Deposit issued by a nationally chartered bank or federal savings and loan association • Time Deposits - Collateralized • Time Deposits — U ncol lateral ized • Banker's Acceptances • Repurchase Agreements • Commercial Paper rated A-1 by Standard and Poor's Cornoratinn car P-1 by Moody's investors Services, Inc. • State of California LoClal 1nxfP_qtrnent Rinri 11 AIM Unlimited 365 days N/A Unlimited 365 days N/A 30% 365 days N/A Unlimited 365 days $500,000 Unlimited 365 days $100,000 40% 180 days 30% Uniimited i 80 days N/A 30% 180 days 10% I Infi—ited _1 11! 1 1 !1 N/A . ... . (t At) r1f)n f)f)O . - -_. %J , Wj w 2. Money market mutual funds managed for or by the trustees, paying agents and custodian banks contracted by the City may be purchased as allowed under California Government Code. Only funds holding U.S. Treasury or Agency obligations can be utilized. 3. No investment shall be made in any security other than a security underlying a repurchase agreement, with a term remaining to maturity in excess of five years. 4. No investment shall be made in any security that could result in zero interest accrual if held to maturity. These include inverse floaters, range notes, or mortgage derived interest-only strips. H. SAFEKEEPING AND COLLATERAILIZATION Securities purchased from a broker or dealer shall be held in third party safekeeping by the trust department of the City's bank or other designated third party trust, in the City's name and control. All securities will be received and delivered using standard delivery-versus- payment procedure. Deposit-type securities (i.e. certificates of deposit) shall be collateralized in accordance with the State of California Government Code. The City Council will be provided a monthly Treasurers Report within 45 days following the end of the month. Data for investments will include: purchase and maturity dates, PAR values, current principal, premium or discount, interest rate, description, book value, and market value. Cash in bank will be reported by entity at the amount on the monthly bank statements. Page 3 City of Baldwin Park Statement of Investment Policy June 15, 2011 J. INVESTMENT POLICY The City Council will be provided an annual Statement of Investment Policy for their approval by July 31 of each year. The City shall only conduct investment transactions with banks, savings and loans, and with broker/dealers. Investment earnings from authorized investments are allocated quarterly to various funds based on their month end balances of the pooled portfolio. im CITY COUNCIL AGENDA re U 1 e IT 0.. n 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: June 15, 2011 ..• APPROVAL AND SPECIFICATIONS, AUTHORIZATION TO ADVERTISE AND SOLICIT BIDS FOR THE INSTALLATION OF TRAFFIC SIGNAL, AND THE PREORDER OF THE T_ POLES O. THE BADILLO STREET AND INTERSECTION WILLOW AVENUE This report requests that the City Council approve the plans and specifications, authorize staff to advertise and solicit bids for this traffic signal installation, and to authorize staff to preorder the traffic signal poles. Traffic signal poles are a specialty item that takes a long lead time to manufacture. By ordering the traffic signal poles ahead of the contract award allows the upcoming contractor to begin construction much sooner and complete the work in six to eight weeks less time. BACKGROUND The City as well as the Baldwin Park Unified School District (BPUSD) has been concerned with the issue of traffic safety and its impact on our school children and the public. Badillo Street is a main arterial highway which carries a high volume of vehicles, and many children must cross this highway to get to school. Placing a signal at this intersection would not only benefit greatly improve the safety of children crossing this major arterial highway on a daily basis, the traffic signal would also improve ingress and egress of the residential neighborhood immediately to the north of Baldwin Park High School. In 2009 the City Council had requested that staff look into the installation of a traffic signal at the Badillo/Willow intersection. A warrant study was performed in the fall of 2009, and the warrant study concluded that a traffic signal should not be installed at this location. A warrant study is required in order to keep the City from being unduly exposed to liability. Approval of PS &E for the Badillo / Willow Traffic Signal Page 2 of 3 June 15, 2011 In the spring 2010, the City obtained a letter of support from the BPUSD in the hopes that an updated warrant study could be completed which would support the installation of the traffic signal. The second warrant study was completed in the summer 2010 and that study concluded that the signal was warranted, and therefore the City could finally proceed with design of-the traffic signal. DISCUSSION The City engaged Willdan Engineering (Willdan) to complete the traffic signal design in November 2010, and the preliminary design was completed March 2011. The draft plans were reviewed by BPUSD staff and comments were incorporated into the final plans. The final Plans, Specifications, and Engineer's Estimate are on file with the City Engineer. The Engineer's estimate for the construction of the Badillo Street and Willow Avenue traffic signal is approximately $143,000. FISCAL IMPACT The tables below summarize the project's available funds and estimated expenditures: Available Funds Prop 1 B Funds - Badillo/Willow Traffic Si qnal $40,000 Measure R - Badillo/Willow Traffic Siqnal $120,000 Total Available Funds $160,000 There are sufficient funds to complete the construction, therefore staff recommends that the City Council authorize moving forward with this improvement, and also authorize staff to preorder the Traffic Signal Poles to streamline the construction schedule. The Plans and Specification are available in the office of the City Engineer. Attached to this report is a Notice Inviting Bids and a Traffic Signal Schematic. Approval of PS &E for the Badillo / Willow Traffic Signal Page 3 of 3 June 15, 2011 RECOMMENDATION Staff recommends that the City Council: 1. Approve the plans and specifications for Traffic Signal on Badillo Street and Willow Avenue; 2. Authorize staff to advertise and solicit bids for the construction phase; and 3. Authorize expending approximately $30,000 for pre- ordering the traffic signal poles ahead of the construction contract, such amount shall not be included be credited by the contractor. Attachments A. Notice Inviting Bids B. T raffic Signal Schematic Attachment A NOTICE INVITING SEALED BIDS BADILLO STREET AND WILLOW AVENUE TRAFFIC SIGNAL PROJECT IN THE CITY OF BALDWIN PARK PUBLIC NOTICE IS HEREBY GIVEN that the City of BALDWIN PARK as AGENCY, invites sealed bids for the above stated project and will receive such bids in the office of the City Engineer, at 14403 East Pacific Avenue, Baldwin Park, CA 91706 up to the hour of 11:00 a.m. on July 14, 2011, at which time they will be publicly opened. One set of the Bid and Contract Documents will be provided by the City of Baldwin Park Public Works Department at the address above to bidders at a cost of $10.00. The City will mail the Documents to bidder for an additional cost of $10.00. Mail the request for Bid and Contract Documents, with payment, to the address above. The general nature of work involves the traffic signal installation for the Badillo Street and Willow /Avenue intersection. Appurtenant work involves earthwork, signing, striping and pavement markers. The construction cost is estimated to be $130,000. There is no pre-bid meeting for this project. At the time of the contract award, the Contractor shall possess California Contractor License Class "A" or "C -10 ". For questions regarding this project contact Victor Chavez at (626) 960-4011 x459, or by e-mail at VChavez@BaldwinPark.com. O Fi CL .......... Ui D L LNh LLJ > < i OG VV tO 0 I /17 C,O '�7 iy LL ER n�z O /17 C,O '�7 iy Attachment B Zo 0 O City of Baldwin Park Traffic Signal at Badillo Street and Willow Avenue SO I O 0. 0 -j Attachment B Zo 0 O City of Baldwin Park Traffic Signal at Badillo Street and Willow Avenue SO I PI til II III 1 111111 1111111 111111 IF 0 11gam-AT1. mr-M. M��gyxoro =00 -1,41 a Am M-4 Ml 1, CITY COUNCIL AGENDA JUN 15 ITEM NO. --7 S TAFF REP 0,27- Staff is recommending that the City Council approve the attached Resolution (Attachment "A") adopting a Continuing Appropriation the FY 2011-12 pending the final adoption of the FY 2011-12 budget. The annual budget is usually approved by June 30th; however, due to the challenges resulting from the "great recession," the significant increases in CALPERS rates and the decrease in revenues, the budget is being thoroughly analyzed and the City Council is currently in the process of developing a budget for Fiscal Year 2011-12. In order to have proper authorization to continue processing the payroll and making payments of certain invoices on timely basis and to avoid service and interest charges, it is in the best interests of the City Council to pass a continuing appropriation Resolution allowing the City to operate with the prior year's budget until the new budget is adopted. This Resolution will allow the City to operate in normal way, but does not allow for any new spending programs including new capital improvement expenditures until such time as the budget is adopted by the City Council. This situation should not exist for a very long time as the budget is to be discussed and approved in the very near future. RECOMMENDATION It is recommended that the City Council approve the attached Resolution. ATTACHMENT A. Continuing Appropriation Resolution for FY 2011-2012 ATTACHMENT "A" RESOLUTION NO. X1011-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2010-11 BUDGET FOR FISCAL 2011-12 PENDING FINAL APPROVAL OF THE 2011-12 BUDGET WHEREAS, the City needs an operating budget to function financially, and WHEREAS, IL U Ll budget L L I U t I WHEREAS, the City desires to continue making payments in a timely basis with proper authorization established, and WHEREAS, the City Council has a properly approved budget for fiscal 2010-11. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Baldwin Park as follows: Section 1. The City adopts as a temporary measure the Fiscal 2010-11 budget as its budget for fiscal 2011-12. Section 2. The Chief Executive Officer is hereby directed and authorized to take any and all necessary actions to implement this budget. Section 3. The Mayor or presiding officer of the Baldwin Park City Council is hereby authorized to executive this resolution indicating its adoption by the City Council. Section 4. The City Clerk, or her duly appointed Deputy, is directed to attest thereto. PASSED, APPROVED AND ADOPTED on this 15th day of June, 2011. Manuel Lozano, Chair ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the Community Development Commission of the City of Baldwin Park at a regular meeting of the Community Development Commission on June 15, 2 ©11. by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS- ALEJANDRA AVILA CITY CLERK P -A , R, K TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works DATE: June 15, 2011 SUBJECT: PUBLIC HEARING AND ADOPTION OF RESOi_U 1 114 114 2011 -u22, ORDERING THE ASSESSMENTS FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2011 -2012 WEMMA The purpose of this report is to outline the required Public Hearing and subsequent adoption of a resolution ordering the annual levy and collection of assessments related to the Citywide Park Maintenance Assessment District for FY 2011 -2012 (PMD or District). In FY 1997 -98, the City of Baldwin Park property owners approved the formation of a Citywide Park Maintenance Assessment District based on State Proposition 218 Guidelines and Procedures. The purpose of the PMD is to generate revenues for the financing of the maintenance and operational costs associated with the City Parks. In June 2002, the City was unable to obtain the necessary voter approval to increase the assessment rates to cover the increasing cost and an expanded park maintenance system above and beyond the built -in annual adjustments based on the Consumer Price Index (CPI). Consequently, the General Fund has been annually funding the differences between the assessment and the actual cost. On May 18, 2011 the City Council adopted Resolution No. 2011 -019 which approved the Engineer's Report for the PMD, declared it's intent to levy and collect assessments, and set a date and time for the public hearing (June 15, 2011). The Public Hearing notice was posted as required. DISCUSSION Every year since the District's inception, the City Council has approved the Engineer's Report, declared its intention to levy and collect assessment, and set a date and time for a Public Hearing. Resolution No. 2011 -022, Ordering Assessments for PMD FY 11 -12 Page 2 of 3 June 15, 2011 After holding the Public Hearing, the City Council may order the assessments. This is the same procedure that has been followed in prior years. Upon the District's formation, the City began annually contributing more than $500,000 to balance the annual shortfall between the revenues and costs. Over the years, however, the City has streamlined processes and expenditures, and last year the City reduced the contribution to $232,000 from the General Fund. This year further operational changes and reductions will result in requiring even less General fund contributions, which are estimated to be $196,700. This subsidy amount is has already been incorporated into the draft FY 2011 -2012 budget. Total expenditures for FY 2011 -2012 are estimated to be $841700. Under the proposed FY 2011 -2012 PMD, the typical homeowner will be assessed $32.12 for parks maintenance. This amount represents an increase of 93 cents for one year over last year's amount. Tire adjustment is based on a 3.0-M09% in the Consumer Price Index (CPI) which is an allowed escalation in the PMD. The details of the formulation of the assessment rates and this year's increase are contained in the approved Engineer's Report. The details of the assessment levied against each parcel are contained in the Assessment Roll which is on file in the office of the City Engineer. The proposed assessment constitutes the levy of the assessments for the Fiscal Year commencing July 1, 2011 and ending June 30, 2012. FISCAL IMPACT The District's anticipated revenue and expenditures are summarized in the following table: FY 2011 -2012 Beginning Fund Balance (July 1, 2011) Estimated Revenues Proposed PMD Revenue, FY 2011 -2012 City Contribution - General Fund, FY 2011 -2012 Total Estimated Funds Available, FY 2010 -2011 Projected Expenditures Park Maintenance and Operation OH & Transfers In /Out Total Projected Expenditures, FY 2011 -2012 Projected Ending Fund Balance (June 30, 201 $0 $645,000 $196,700 $841,700 $841,700 $0 $841,700 $0 Resolution No. 2011-022, Ordering Assessments for PMD FY 11-12 Page 3 of 3 June 15, 2011 PIVID revenue for FY 2010-2011 is anticipated to be $645,000 from assessments and another $196,700 from a General Fund transfer. The total funds available are $841,700 which matches the estimated District cost for FY 2011-2012. The $196,700 General Fund transfer is needed to cover the District shortfall and is included in the draft FY 2011-2012 Budget. I a go] in I iT, 1:4 k, I 97—a d Eel 4, j It is recommended that the City Council: Hold a Public Hearing, and after considering testimony, waive further reading, read by title only. and adopt Resolution 2011-022 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE U1 I T VV Ur- r-MMN MAINTENANCE DISSTIFRIC"T FOR FY 2011-2201122, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS." , I _ , Resolution No. 2011-022 ATTACHMENT RESOLUTION NO. 2011-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2011-2012, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS WHEREAS, A ^I "he City Council has previously ordered the formation of PARK I-ICINCA0 L ordered MN MAINTENANCE ASSESSMENT DISTRICT FY 2011 -2012 (hereinafter referred to as the ',DISTRICT ") pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972" being Part 2 of Division 15, of the California Streets and Highways Code; and WHEREAS, the City Council has adopted by Resolution No. 2011-019 approving the Engineer's Report pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code and Article XIIID of the State Constitution, declaring it's intention to order the annual levy and collection of assessments, and giving notice of the time and place for a Public Hearing on the questions of the levy of the proposed assessments; and WHEREAS, the City Council has heard all testimony and evidence, and is desirous of proceeding with the levy of annual assessments for the District. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the City Council hereby orders the maintenance work performed on the District as set forth in the Engineer's Report for FY 2011-2012, and orders the annual levy and collection of assessment of the District as shown and set forth and described in said report and declaration of intention. SECTION 3. That the adoption of this Resolution constitutes the levy of the assessments for the fiscal year commencing July 1, 2011 and ending June 30, 2012, SECTION 4. That the Los Angeles County Assessor, which collects assessments on the City's behalf, shall enter on the Assessment Roll the amount of the assessments, and said assessments shall then be collected and the net amount of the assessments shall be paid to the City Treasurer of the City of Baldwin Park. Resolution No. 2011 -022 Page 2 of 2 SECTION 5. That the City Treasurer has established a special fund known as the "CITY OF BALDWIN PARK CITYWIDE PARK MAINTENANCE DISTRICT FUND" into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution. SECTION 6. That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer, and a certified copy of the diagram and assessment roll filed with the Los Angeles County Assessor, together with a certified copy of this resolution upon its adoption. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 15th day of June 2011. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2011 -022 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 15, 2011 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: LAURA M. NIETO, CMC DEPUTY CITY CLERK TO: Honorable Mayor and Members of the City Council FROM: Edwin "William" Galvez, Director of Public Works SUBJECT: PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2n11 -n23, ORDERING THE ASSESSMENTS FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2011 -2012 F;NJRZIO-M� The purpose of this report is to outline the required Public Hearing and subsequent adoption of a resolution ordering the annual levy and collection of assessments related to the Citywide Landscaping and Lighting Maintenance District, FY 2011 -2012 (LLMD or District). BACKGROUND Over the last decade, the District has been utilized to cover the costs of providing maintenance and improvements to the street lighting, traffic signal, and landscaping operations in the public right -of -way. On May 18, 2011 the City Council adopted Resolution No. 2011 -018 which approved the Engineer's Report for the LLMD, declared it's intent to levy and collect assessments, and set a date and time for the public hearing (June 15, 2011). The Public Hearing notice was posted as required. DISCUSSION The purpose of the LLMD is to generate revenues for the financing of the maintenance and operational costs associated with traffic signals, street lights, and landscaping. Every year, the City Council has authorized the preparation of an Engineer's Report, has held a public hearing, and has ordered the assessments. Assessment amounts this year will be the same as levied last year and in the previous decade. Resolution No. 2011 -023, Ordering Assessments for LLMD FY 11 -12 June 15, 2011 Page 2 of 3 W The operating balance in this fund is $311,000 and a majority of this balance is needed to finance the District's expenses for the first half of the year since the assessments from the County are not received by the City until January of the fiscal year. However, the need of the City is such that we have a number of repairs and upgrades the would benefit the public good and therefore staff is recommending that we budget $100,000 from the end of year balance to perform public landscape improvements. FISCAL IMPACT The District's anticipated revenue and expenditures are summarized in the following table: Estimated Beginning Fund Balance 711/2011 $311,000 FY 11 -12 Estimated Revenue FY 11 -12 Projected Expenditures Street Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................. . . . . . . . . . . . . . . . . . . . . . . . . . .................... . . . . . . . . . . . . . . . . . . . . . .............................. : .................... . . . . . . . . . . $610,700 . . . . . . . . . . . . . . . . . . . . . . ............. . ................................... . . . . . . . . . . . . . .............................. . . . . . . . . . . .............. Landscaping .................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............ ..... . ........................... . . . . . . . . . . . . . . . ............ . . . . . ....................... . ............ $855, 000 . .......................................................... . . . . . . . . ........... . ................. . . . . . . . . ................... . . . . . . . . Traffic Signals ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......................................... . . . . . ........... . ........... . ............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................................................... $292,700' . ............... . . . ...................... . . .................. . . . . ....................................... Landscape Improvements (one time expenses) .............................................................................................................................................. ............................... . $100,000 Total Expenditures $1,858,400 FY 2011 -12 Operating Reserve / Deficit <$100,000 >1 Projected Balance 6/3012012 Resolution No. 2011 -023, Ordering Assessments for LLMD FY 11 -12 Page 3 of 3 June 15, 2011 The FY 2011 -2012 Budget was developed under the assumption that revenues from the LLMD would not significantly change. The assumed revenue level is shown in the table above. The fund's beginning balance which is used as an operating reserve is $311,000 and the ending balance is estimated to be the same. Revenues and expenditures are balanced and therefore this fund does not require a General Fund transfer into the LLMD fund for FY 2011 -2012. It is recommended that the City Council: Hold a Public Hearing, and after considering testimony, waive turther reading, read by title only, and adopt Resolution No. 2011 -023 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALD`J`vIN PARK, CALIFORNIA, ORDERING T HE ANNUAL LEv�� r"sr'sa e COLLECTION E��= isa �;�' RR�' Fs<:ti:a ��'B:sT r r. �.. �Wr: s aewv V e ASSE ✓V1vIEN a S s aSSOC-IA e LD -1 1 r'e e e ee_ CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2011 -2012, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS." ATTACHMENT Resolution No. 2011 -023 ATTACHMENT RESOLUTION NO. 2011 -023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2011 -2012, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS WHEREAS, the City Council has prev�vusly ordered the fors"s1atQOn of LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT No. 2007 -1 (hereinafter referred to as the "DISTRICT") pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972" being Part 2 of Division 15, of the California Streets and Highways Code; and WHEREAS, the City Council has adopted Resolution No. 2011 -018 approving the Engineer's Report pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code and Article XIIID of the State Constitution, declaring its intention to order the annual levy and collection of assessments, and giving notice of the time and place for a Public Hearing on the questions of the levy of the proposed assessments; and WHEREAS, the City Council has heard all testimony and evidence, and is desirous of proceeding with the levy of annual assessments for the District. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the City Council hereby orders the maintenance work performed on the District as set forth in the Engineer's Report for FY 2011 -2012, and orders the annual levy and collection of assessment of the District as shown and described in said report and declaration of intention. SECTION 3. That the adoption of this Resolution constitutes the levy of the assessments for the fiscal year commencing July 1, 2011 and ending June 30, 2012. SECTION 4. That the Los Angeles County Assessor, which collects assessments on the City's behalf, shall enter on the Assessment Roll the amount of the assessments, and said assessments shall then be collected and the net amount of the assessments shall be paid to the City Treasurer of the City of Baldwin Park. Resolution No. 2011 -023 Page 2 of 2 SECTION 5. That the City Treasurer has established a special fund known as the "CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING DISTRICT FUND" into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution. SECTION 6. That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer, and a certified copy of the diagram and assessment roll filed with the Los Angeles County Assessor, together with a certified copy of this resolution upon its adoption. SECTION 7. The City ('jerk shall certify to the adoption of this Pacnhitinn. PASSED, APPROVED, AND ADOPTED this /5"' clay of June 2011. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2011 -023 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on June 15, 2011 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: LAURA M. NIETO, CMC DEPUTY CITY CLERK 11 RAT DWiN 1' 1 A' K I K TO: FROM: DATE: Honorable Mayor and Councilmembers till 9 Marc Castagnola, AICP, Community Development Ma June 15, 2011 SUBJECT: Introduction of Ordinance 1343 to add Chapter 156 to the Baldwin Park Municipal Code relating to Pannrtc of I?esir4onn0al ®r ^; ��y V ® YY L Records and establishing a fee for said service. X11:7 The purpose of this report is to introduce Ordinance 1343 relating to a service that provides Reports of Residential Property Records within the City of Baldwin Park and a resolution establishing an associated fee for said service. BACKGROUND /DISCUSSION At its April 20, 2011 meeting, the Council requested an ordinance to establish a comprehensive policy providing grantees of residential property a report of matters of city record pertaining to the legal use, occupancy and zoning classification of such property prior to the sale of any residential property. The City currently has no such policy in place. Also, current State Law, specifically California Civil Code Section 1102, requires certain disclosures upon the transfer of residential property. In the law, `residential property' is defined when real property contains between one to four dwelling units. A Real Estate Transfer Disclosure Statement (TDS) details the condition of a property and is provided to a prospective buyer as soon as possible before the transfer of title. Both the seller of the property and all broker(s) involved participate in the disclosures. The primary intention of the TDS is to provide meaningful disclosures about the condition of the property proposed to be transferred. Although the City cannot enforce absolute full - disclosure by the seller and real estate agent, if something is not included in the TDS, the buyer can bring a civil suit against either or both parties. Checklists request the seller indicate awareness of any significant defects or malfunctions in the property. If any issues are noted, then an explanation is requested. Information about the status of the property is also requested. Those assessments relate to various items including: environmental hazards (lead -based paint), shared walls and driveways, encroachments, modifications or alterations to the dwelling not in accordance with the building code and /or without necessary permits, drainage Residential Property Records June 15, 2011 Paqe 2 problems, neighborhood noise problems, zoning violations, and other deed restrictions. In each case where the seller is aware of issues, they are asked to explain. Once the TDS is completed, the seller must sign to the accuracy of the information. Since the TDS relies upon the property owner for information, and not the City, the information and answers provided by a property owner may or may not be accurate from the City's perspective. Staff has researched other cities with similar property inspection /report programs and had discussions with the City Attorney regarding the potential liability that may be incurred as a result of the implementation of property inspection /report services. Of the few cities reviewed, Culver City has the least imposing ordinance but still holds property owners accountable. Other cities that have a type of a property report /inspection program have noted that compliance with the program is not always given and some cities have found that enforcement is not nraOtical because of lark of rer��or 1, and/or aa° of cVi struction. It i� uncertain how successful this program would be since it is dependent on real estate brokers and agents and property owners selling their residential property to take affirmative actions to comply with this law. Enforcement of the reporting requirement may be difficult since sales may occur without the City's knowledge. The intent of this proposed ordinance is to assist in, but not guarantee, the disclosure of information about residential property proposed for sale from the city records in order to protect potential property owners' safety and legal interest during the sale of the property. This ordinance is limited to residential properties and the records that the City currently has on file for such properties, which may or may not be complete due to and based on age of construction and /or Assessor's Records. The records available will not include any information about illegal garage conversions, non - authorized construction or conversions, illegal construction or conversions, and is only limited to permitted construction. Under this ordinance, the current owner or his /her authorized representative is required to obtain from the city a property report showing the authorized use, occupancy and zoning classification of residential property, and to pay to the City a fee for such report as set forth by City Council resolution, before entering into an agreement of sale of such property. The current owner or his /her authorized representative shall then provide the report to the buyer of the property at the time the agreement of sale is entered into and the buyer shall execute a receipt as furnished by the City and deliver it to the Planning Division as evidence of compliance with this policy. Under this ordinance, the report may contain the following information insofar as it is reflected by current City records: A. The street address of the subject property and Assessor's Parcel Number. CAAmy\AMY\WORD \Reports \Council Reports \Property Records Report #3.DOC Residential Property Records June 15, 2011 Paoe 3 B. The zoning classification and the uses authorized in that zone. C. Variances, conditional use permits, exceptions and other pertinent legislative and /or administrative acts of record. D. If there is an active Code Enforcement case on the property. E. Any special restrictions in use or development, which may apply to the subject property. F. Connections to the public sewer or private cess pool. Thee --4;----- --e-+ r•r.l Dye F. -+ —A —A .4A emu..,,.,[„ X— 14� 3!.. ,m, d'._.a.s __!_ _r _ __ _ e e ! ! na v! un !a! !�.� 10 i ivy n to �IJCU tU dNN1y W I) U 1e I If st 5dle OT a property located in a subdivision whose final map has been approved and recorded in accordance with the Subdivision /lap Act not more than two years before the first sale, and ( ) the eXc an�ne of residential roprt between omm��e�t� members a %. e I family. Common interest projects (e.g. condominium projects or planned unit developments) for all units within one structure shall be required to have one residential report of property records per structure which is valid for one year. Interior inspections of common interest developments may be requested and a prescribed fee will be charged for each unit inspected by the City's Building Inspectors. Enforcement Although the proposed ordinance does provide for penalties for violations of the chapter, no sale or exchange of property would become invalid due to the failure to comply with this chapter. Furthermore, since the City is not party to each transfer of residential property, the City may not become aware of the failure to comply with the ordinance until after the fact. FINANCIAL IMPACT There will be a financial impact if a `Property Records Report Program' is adopted. Staff has attempted to estimate the cost of implementation of this new program and the revenues the program could generate to compensate the City for the personnel and overhead necessary to implement it. However, variables not under the City's control, most specifically the number of residential dwelling units sold in a month, can have a significant impact upon the amount of fees generated by the implementation of this Property Records Report Program. In the last twelve (12) month period, on average, approximately forty (40) residential properties change ownership each month. It is anticipated that between the four (4) city divisions, Building & Safety, Code Enforcement, Planning, and Public Works, that on average 4.5 hours total will be spent to prepare each Property Records Report. Staff is recommending that a fee of $250.00 for each residential Property Records Report, be C:\Amy\AMY\WORD \Reports \Council Reports \Property Records Report #3.DOC Residential Property Records June 15, 2011 Pape 4 established to compensate the City's for its costs. This is a 91 % recovery rate. RECOMMENDATION The City Council can: (1) Introduce, for first reading, Ordinance No. 1343 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 156 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO REPORTS OF RESIDENTIAL PROPERTY RECORDS"; and (2) Adopt Resolution 2011-024 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KV%A Q A DARK APPROVING THE `T-r BALDWIN a �Mwx A - PLUIV. I I I L- _t:1 I 1 11 N 0' F FEE FOR ISSUANCE, PROCESSING, AND FILING OF VARIOUS CITY SERVICES AND PERMITS IN THE CITY, RELATING TO THE PROPERTY RECORDS REPORT PROGRAM. ATTACHMENTS #1, Proposed Ordinance No. 1343 #2, Proposed Report of Property Records Form #3, Resolution 2011-024 CAAmy\AMY\W0RD\Reports\Counci1 Reports\Property Records Report #3.DOC ORDINANCE NO. 1343 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 156 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO REPORTS OF RESIDENTIAL PROPERTY RECORDS WHEREAS, the City Council desires to require grantees of residential property within the city to obtain a report showing authorized use, occupancy and zoning classification of the property from the city before the sale of such real property. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: SECTION 1. Chapter 156 is hereby added to the Baldwin Park Municipal Code to read, in its entirety, as follows: Chapter 156: Report of Residential Property Records Section Contents: §156.001 Intent §156.005 Definitions §156.010 Report of residential property records required §156.015 Application for report of residential property records §156.020 Verification of sewer or septic connection §156.025 Delivery of report §156.030 Exceptions §156.035 Common Interest Developments §156.040 Penalties § 156.001 INTENT. It is the intent of the City Council to assure the grantee of residential property within the city is furnished a report of matters of city record pertaining to the authorized use, occupancy and zoning classification of the property before transfer. The report is not intended to be a warranty or representation of any factual or legal matter but rather shall merely reflect the contents of the relevant city records on the date of issuance of each report. § 156.005 DEFINITIONS. For the purpose of this chapter, the following terms are defined as follows unless the context clearly indicates or requires a different meaning: Page 2 AGREEMENT OF SALE. Any agreement or written instrument which provides title to any property shall thereafter be transferred from one owner to another owner by sale. OWNER. Any person, partnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property. PROPERTY. Any lot or parcel of real property in the city upon which there is a building. REQUIRED. § 156.010 REPORT OF RESIDENTIAL PROPERTY RECORDS oelore entering into an agreement of sale of any residential property, the owner or his /her authorized representative shall obtain from the city a property report showing the authorized use, occupancy and zoning classification of such prone;: �y. The report shall be prepared on a form which has been approved by the City Attorney and shall be valid for a period not to exceed six months after date of issue. § 156.015 APPLICATION FOR REPORT OF RESIDENTIAL PROPERTY RECORDS. Upon application of the owner, or his /her authorized agent, of a residential property, and the payment to the city of a fee, as set forth by City Council resolution, a property report shall be prepared and delivered to the applicant within ten (10) working days after a request and payment of the fee. The purpose of the above - mentioned fees is solely to reimburse the city for the costs involved in the preparation of the report. The report may contain the following information insofar as it is reflected by City records: A. The street address of the subject property and Assessor's Parcel Number. B. The zoning classification and the uses authorized in that zone. C. Variances, conditional use permits, exceptions and other pertinent legislative and /or administrative acts of record. D. If there is an active Code Enforcement case on the property. E. Any special restrictions in use or development, which may apply to the subject property. F. Connections to the public sewer or private cess pool. Paae 3 Errors or omissions in said report shall not bind or stop the city from enforcing any and all building and zoning codes against the seller, buyer and any subsequent owner. The report does not guarantee the structural stability of any existing building nor does it relieve the owner, his or her agent, architect or builder from designing and building a structurally stable building meeting the requirements of adopted building, plumbing and electrical codes. At the time of making application pursuant to § 155.015, if no city record exists of a sewer connection, prior to issuance of the property report the applicant shall show proof of either a sewer connection or septic Sy5Lem. Proof of connection to a sewer or septic system shah be submitted by a licensed plumber. v 1 � &.� UCU I - " a - REPORT. The property report shall be delivered by the owner, or his /her authorized representative of the owner, to the buyer of the property at the time the agreement of sale is entered into or upon receipt of the property report from the city. No sale shall be consummated before the property report is so delivered. The buyer shall execute a receipt therefor as furnished by the city, and that receipt shall be delivered to the Building Safety Division as evidence of compliance with the provisions of this chapter. § 156.030 EXCEPTIONS. The provisions of this chapter shall not apply to the following: A. The first sale of a property located in a subdivision whose final map has been approved and recorded in accordance with the Subdivision Map Act not more than two (2) years before the first sale. B. The exchange of real property between immediate members of a family. § 156.035 COMMON INTEREST DEVELOPMENTS Common interest projects for all units within one structure shall be required to have one residential report of property records per structure which is valid for one year. Interior inspections of common interest developments may be requested and a prescribed fee will be charged for each unit inspected. Page 4 § 156.040 PENALTIES. A. Any violation of the provisions of this chapter shall be subject to punishment in accordance with the provisions of this code. B. No sale or exchange of property shall be invalid solely because of the failure of any person to comply with any provisions of this chapter unless such failure is an act or omission which would be a ground for rescission of such sale or exchange in the absence of this chapter. SECTION 2. The City Clerk shall certify to the passage and adoption of this ordinance, and shall make a minute of the passage and adoption thereof in the records of and the proceedings of the City Council at which the same is passed and adopted. ThisThis orriinnnnp Shall htz in fidl fnrrp nnri ckffPr-t this -h/ (,�ni rinve !nffdnr ifiz finol r-I-mccne4c, nnA - - - -- - - - - - - - . -.. - - . . . - . - -- - - .. ... .1 \-- / --J - - - - . .' - CAI MA o clu%j LI adoptin. APPROVED, and ADOPTED this _"Lh day of , 2011. Manuel Lozano, Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I 1, Laura M. Nieto, CMC, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1336 was introduced at a regular meeting of the City Council held on June 15, 2011, and was adopted by the City Council at its regular meeting held on July 6, 2011, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Laura M. Nieto, CMC Deputy City Clerk s s Jill I ] s s . • sk 11 � R A T MIX if I 1 ' n " A ' M City of Baldwin 14403 E. Pacific Avenue 0 Baldwin Park, CA 9170f REPORT OF PROPERTY RECORDS Street Address: APN: I�A_1�I�lP►Lr] GENERAL PLAN LAND USE DESIGNATION: ZONING: # UNITS PERMITTED UNDER CURRENT ZONING: SPECIAL CONDITIONS: (Variances, conditional use permits, exceptions, etc.): DATE OF REPORT: REPORT BY: CODE ENFORCEMENT City Records Indicate there is an active Code Enforcement case at this property: DATE OF REPORT: REPORT BY: BUILDING & SAFETY PERMIT# DATE CONSTRUCTION DATE OF REPORT: #UNITS DWELLING UNITS CONSTRUCTED BY PERMIT: MAXIMUM DWELLING UNITS ACCORDING TO CURRENT REGULATIONS: City records indicate building(s) connected to the sewer: City records indicate building(s) connected to cess pool: City records do not indicate method of sewage disposal: DATE OF REPORT: PUBLIC WORKS REPORT BY: THE CITY OF BALDWIN PARK ASSUMES NO LIABILITY OF ANY KIND RELATIVE TO THE ACCURACY OF THIS REPORT. There has been no physical examination of the property itself. This report was compiled from City records and makes no representation the information contained herein is accurate, nor is it warranty or representation of any legal or factual matter relating to the property which is the subject of this report. DELIVERY OF REPORT I certify a copy of the above report was delivered to me prior to the consummation of the agreement of sale of the above described property. DATE: SIGNATURE OF BUYER: White (original)- Applicant Canary-Buyer Pink - Building Goldenrod - Planning RESOLUTION NO. 2011-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE SETTING OF FEES FOR ISSUANCE, PROCESSING, AND FILING OF VARIOUS CITY SERVICES AND PERMITS IN THE CITY, RELATING TO THE PROPERTY RECORDS REPORT PROGRAM WHEREAS, Resolution 2008-023 generally sets forth the costs for the issuing and processing and filing of various City services and permits; and WHEREAS, the City Council desires to revise the fee schedule relating to J-� Me Plain ing Division fe-es as sei forth in Resolutions 200i-054, 2002-007, 2004-049; and 2008-023,; and NOW THEREFORE, IF CITY CO' ek 111 OF THE 114�-j i " r-k-j L- r-1— kA I I CITY OF BALDWIN PARK DOES HEREBY RESOLVE, AS FOLLOWS: Section 1. On the effective date described in Section 4, below, The cost of issuing, processing, filing permits and the use of City Services shall be in accordance with the attached Schedule of Fees and Charges, attached hereto and incorporated herein as Exhibit `A'; and Section 2. On the effective date described in Section 4, below, the fee schedule set forth in Exhibit 'A' shall be in addition to that fee schedules provided in Resolutions 2001-054, 2002-007, 2004-049, 2008-023 relating to Planning fees; and Section 3. All fees set forth in Resolutions 2001-054, 2002-007, 2004- 049, and 2008-023 that are not in conflict with those established by this Resolution shall remain in full force and effect; and Section 4. The fees established in Exhibit A shall become effective sixty (60) days after the effective date of this Resolution; and Section 6. The City Clerk shall certify as to the adoption of the Resolution and shall cause the same to be processed in the manner required by law. PASSED AND ADOPTED this 15th day of June, 2011. MANUEL LOZANO, MAYOR ATTEST: ALEJANDRA AVILA, CITY CLERK 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 No. PC 2011-0014 was duly and regularly approved and adopted LJyILI t: City Council of the City of t5aidwin Park at a regular meeting thereof, held on me 15, f h day of June 2011 by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ALEJANDRA AVILA, CITY CLERK Exhibit `A' nommoNk APPLICATION A A 00 .XEGULAR MEETING June 15, 2011 If P.M. =Wl 0111 WWI' �._ Twemvwl lop 1.1aldwin Park, CA 91706 (626) ciF;n-,dnl 1 BALDWIN Manuel Lozano Marlen Garcia Monica Garcia Ricardo Pacheco Susan Rubio K - Chair - Vice Chair - Member - Member - Member PLEASE TURNOFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTELA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the Se invita al p6blico a dirigirse al Concilio o cualquiera Commission or any of its Agencies listed on this otra de sus Agencias 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 est6 bajo su jurisdiction. wish to address the Commission or any of its Si usted desea la oportunidad de dirigirse al Concilic, a Agencies, you may do so during the PUBLIC a1guna de sus Agencias, podr6 hacerlo durante e/ COMMUNICATIONS period noted on the periodo de Comentarios del Pdblico (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) minutos. Hay interpreter is available for your convenience. un int6rprete para su conveniencia. �-x Community Development Commission — June 15, 2011 Page 1 ROLL CALL COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING — 7:00 PM Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Vice -Chair Marlen Garcia and Chair 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 andior schedule matters for consideration at a future meeting. [Government Code §54954,21 ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMISIQN 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; a 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR All items listed are considered to be routine business by the Commission and will be approved with one motion. There will be no separate discussion of these items unless a Commissioner 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 Commission receive and file. 2. MINUTES Staff recommends Commission approve the minutes of the June 1, 2011 meeting (regular.) 3. REQUEST FOR A TIME EXTENSION UNTIL SOMETIME WITHIN FISCAL YEAR 2011 -2012 FOR CERTAIN AGENDA ITEMS AUTHORIZED BY THE COMMISSION ON JANUARY 25, 2011 Staff recommends Commission authorize a time extension on certain agenda items taken on January 25, 2011, as listed and discussed in the staff report, to Fiscal Year 2011 -2012. 4. APPROVAL OF CONTINUING APPROPRIATION FOR FISCAL YEAR 2011- 12(see related item #7 on City Council Agenda and #2 on Housing Authority Agenda) Staff recommends Commission waive further reading, read by title only and adopt Resolution No. 466 entitled, "A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING Community Development Commission — June 15, 2011 Page 2 APPROPRIATION FOR THE TEMPORARY USE OF THE 2010-11 BUDGET FOR FISCAL YEAR 2011-12 PENDING FINAL APPROVAL {]FTHE 2011-12 B[][]GET. CERTIFICATION 1. Al j@ndr8 Avila, City Clerk of the City of Baldwin Park hereby certify under DeO@k» Of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall hUllHfiD board not less than 72 hours D[iO[ to the meeting. [l8t8d this 9th day of jUOe 2011. /\l j8Ddra /\VilG k-,"— Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for pub|io viewing and inopeotionatCib/HaU.2'�F|oorLobby Area orsd the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda itema, please contact the office of the City Clerk at 828.060.4011. ext. 466. 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 020.980.4011 Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28CFR34.102.104ADA TITLE (|) Community Development Commission — June 15, 2011 Page 3 pmT,,-w-Lgw,- al-11 1 11 REPORT: CHECKREG GFNFP.ATW.T)- 1'4 ,7AAT 11 Ir-aQ PTI.IT- TTTTI..QT.)AY ,TUN'072011 OP-M TIA(,V, CITY OF BALDWIN PARK CHECK REGISTER CHECK RANGE: 13282 - 13283 CHECK BANK CHECK # CHECK AMT CHECK DATE VENDOR # ADDRS # VENDOR NAME STATUS NO # AMOUNT G/L ACCT # DESCRIPTION INVOICE # INV VEND ----------------- ---------------- -------- ---r -- --------------------------- -- ---- ------ -------- --- -- - - -- -- - ------------------------ 2 13282 $545.00 06/07/11 00073 0 AMERICAN PLANNING ASSOCIATION 272.50 801-00-000-13000-00000-1 7/1/11-6/30/12 MBRSHP 097586-1126B 272.50 806-00-000-13000-00000-1 7/l/11-6/30/12MBRSHP 2 13283 $700.00 06/07/11 04186 0 SAN GABRIEL VALLEY ECONOMIC 700.00 801-40-470-53350-14420-2 ICSC CNF 5/22-25/11 2728 TOTAL # OF ISSUED CHECKS: 2 TOTAL AMOUNT: 1245.00 TOTAL # OF VOIDED/REISSUED CHECKS: 0 TOTAL AMOUNT: 0.00 TOTAL # OF ACH CHECKS: 0 TOTAL AMOUNT: 0.00 TOTAL # OF UNISSUED CHECKS: 0 R- CITY OF BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION MINUTES 2011 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor / Chair Marlen Garcia, Mayor Pro Tern / Vice Chair Council Members / Members: Monica Garcia, Ricardo Pacheco, Susan Rubio Maria Contreras, City Treasurer Alejandra Avila, City Clerk The COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in REGULAR SESSION at the above time and place. ISLAVXWOX*1161'411114 � -0[11 -A!.- Present: Member Monica Garcia, Member Pacheco, Member Rubio, Vice Chair Marlen Garcia, Chair Lozano. Absent: None. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Recreation & Community Services Director Carrillo, Community Development Manager Castagnola, Public Works Director Galvez, Chief Hadsell, Finance Director Quijano, City Clerk Avila, City Treasurer Contreras, Deputy City Clerk Nieto. NONE CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Member Rubio. Commission received and filed. 2. MINUTES Commission approved the minutes of the May 18, 2011 meeting (regular.) N F-MIN.-•1• *AT-A. AN W®R M, A. W. t -•• - mm. • INN Hr---------* IN M100) I ......... I i" •.... 1 90.0 1 IN, ! 1 11,01 416-j I I 6101TALI I I MCNAITAW111311 M-11 W U a WALI I a g v rg k, I 61wouLCHLOM = k, [*A U 1 Commission waived further reading, read by title only and adopted Resolution No. 464 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CONCEPTUALLY APPROVING THE DESIGN REVIEW PROPOSAL FOR THE CONSTRUCTION OF A NEW 551 SQUARE FOOT ADDITION TO AN EXISTING SINGLE-FAMILY RESIDENCE WITHIN THE SIERRA VISTA REDEVELOPMENT PROJECT AREA SUB AREA #2; LOCATION: 4129 DOWNING AVENUE; CASE NO.: PR 11-07; APPLICANT: BRIAN DUONG." There being no further matters for discussion the meeting was adjourned at 7:54 p.m. Approved as presented by the Commission at their meeting held June 118, 2011. Laura M. Nieto, CMC Deputy City Clerk BALDWIN P A, R, K TO: *3 STAFF REPORT SUBJECT: Request for a Time Extension until sometime within Fiscal Year 2011- 2012 for Certain Aaenda Items Authorized by the Cnmmi_%_-.inn on January 25 2011, J FEITMUNG-0-d To request for a time extension until sometime within Fiscal Year 2011-2012 for certain agenda items authorized by the Community Development Commission (Commission) on January 25, 2011 On ,January 25, 2011, the Community Development Commission provided direction to City staff on the following agenda items related to the Commissions assets and debt: • Purchase/Sale of City-owned parcels and parking easements by the Commission for Low and Moderate-income Housing - Item #2 • Transfer of Parcels owned by the Commission within the Sierra Vista and CBD areas as assets of the Commission's Low and Moderate Income Fund - Item # 3 • Repayment of amounts owed by the Commission's Low and Moderate Income Fund - Item #5 • Repayment of amounts owed by the Commission to the City for Administrative Loans - Item #6 Staff is requesting a time extension for implementation on the above action items until Fiscal Year 2011-2012 (except for the section in item #5 specifying the repayment from the Low- and Moderate-income Housing Fund of $525,580 to the General Fund which was completed) as additional time is needed, in order to await for any reforms that might be implemented with the adoption of the State budget. We continue to receive updates from the League of California Cities (League) and the California Redevelopment Association (CRA) as to the proposal and threat to end redevelopment agencies. As the Commission is aware, the State's deadline to adopt a June 15, 2011 Page 2 of 2 budget is June 15th, however, there is no schedule as to when the State will complete and adopt its budget. The California Redevelopment Association and the League of California Cities continue to work together to propose redevelopment reforms, as alternatives to abolishing redevelopment. There is no fiscal impact at this time. It is recommended that the Community Development Commission authorize a time extension on certain agenda items 'Laken on January 25, 2011, as listed in this report and discussed above, to Fiscal Year 201 9— ATTACHMENT #I- Copies of January 25, 2011 Staff Reports •• _ Wills r •• Im in TA 11 CITY OF BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION Honorable Mayor and Members of the City Council Honorable Chair and Members of the Vijay Singhal, Chief Executive Officer January 25, 2011 STAFF REPORT SUBJECT: Purchase/Sale of City-Owned Parcels and Parking Easement bylto I the Baldwin Park Community Development Commission for Low- and Moderate-income Housing PURPOSE The purpose of this report is for the City Council to consider selling specific City-owned parcels and a parking easement to the Community Development Commission of the City of Baldwin Park (CDC), with payment from the CDC's Low- and Moderate-Income Housing Trust Fund (LMI HTF), for the purposes of developing affordable housing units. 1-:mr-11e] There are a few City- and CDC-owned parcels that have potential for development throughout the City of Baldwin Park. Throughout the years, City staff has made significant efforts to develop certain of those City- and CDC-owned parcels; however, due to their irregular shape, size, location, and market conditions, development of those parcels has not taken place. Staff believes sale of some of those City-owned parcels to the CDC will allow those properties to be developed as affordable housing/mixed-use developments. DISCUSSION The CDC continues to meet its requirements for affordable housing development, in accordance with its 5-Year Redevelopment and Housing Implementation Plan and as required by law. In order to assist with the development of underutilized City-owned parcels and to continue to meet or exceed affordable housing requirements, the City proposes to sell specific City- owned parcels to the CDC with payment from the CDC's LMIHTF. City-Owned Parcels January 25, 2011 Page 2 of 3 The following is a list of parcels being considered: 1. APN 8544-020-901: 30,670 square feet (0.70 acre) parcel currently used as public parking located at the rear of retail uses, along Maine Avenue and Ramona Boulevard in the Downtown. 2. APN 8437-013-905: 64,940 square feet (1.49 acre) parcel with an old brick building formerly used as part of the Red Car system. Remainder of parcel is utilized as the Park N Ride. 3. APN 8554-001-901,904,907: 22,500 square feet (0.52 acre) consisting of 3 adjacent parcels along Ramona Boulevard, north of City Hall area, currently Used for Police Department parking. 4. APN 8554-001-910: 7,200 square feet (0.117 acre) Property is unimproved, and is located on Maine Avenue south of Ramona Boulevard, adjacent to City H-1111al" 5. APN 8553 -011 -901: Approx. 28,370 square feet (.65 acre) City owned parcels are partially unimproved, used as public parking area and at Maine Avenue, Pacific Avenue and Sterling Way. The total area for the above parcels is approximately 153,644 square feet (3.53 acres). All of parcels are located within or immediately adjacent to the community's downtown. Lidgard Associates prepared an appraisal (dated November 19, 2010) of the City-owned Park-N-Ride property, also adjacent to the downtown area, showing a value of $1,950,000, which is approximately $30 per square foot. Staff is using that appraisal to determine the aggregate value for the subject parcels as shown below: Subject City/CDC-Owned Parcels (153,644 Square Feet @ $30) = $4,609,332 In addition to the purchase of those City-owned parcels, Staff is also proposing the CDC, again through use of its LMIHTF, acquire an easement from the City for at least 25 parking spaces in the proposed parking structure to be built at the Civic Center. Staff has determined there is not enough room to develop affordable units with sufficient and required parking at APN 8554-001-901, 904, 907, the third parcels listed above. Acquisition of the parking easement will allow for development of parking for those affordable units, as well as improve the marketability of those affordable housing units. Value of the easement is estimated at $16,000 per parking space, which is the estimated construction cost, for a total value of $400,000. Total acquisition cost for the land and the parking easement is $5,009,332. Attached are the purchase agreement and parking easement agreement for the proposed sale of City-owned parcels and parking spaces to the CDC. Staff is also recommending the funds received by the City be set-aside in a separate fund City-Owned Parcels January 25, 2011 Page 3 of 3 to be used for community development or redevelopment purposes only. There is no negative impact to the City's General Fund. There are sufficient funds within the CDC's LMIHTF for the proposed acquisition of the subject City-owned parcels and parking easement. As the Council and Board Members are aware, in his proposed budget the Governor is recommending the elimination of redevelopment agencies. It is believed the Legislature is working on some sort of urgency legislation, which may prevent the redevelopment agencies from taking actions to protect their assets, We do not know if any legislative changes would be implemented and if they are what they maybe. However, staff believes, as do many agencies throughout the State and the California Redevelopment Association, %Ssociation, Lalking appropriate, anction--s m rnedlatcdytO protecUthe local co mmurifth/s assets against anv adverse action the State may implement is important. Staff further believes the California voters have agreed such protections should be implemented through the passage of Propositions 1A and 22. RECOMMENDATION Staff recommends the City Council: 1. Authorize the Mayor to execute the sale/purchase agreement and parking easement agreement on behalf of the City for the CDC's acquisition of the parcels listed in this report for affordable housing development purposes and the parking easement, 2. Authorize the Executive Director to purchase the parcels as listed in this report and execute the sale/purchase agreements and parking easement agreement with the City of Baldwin Park for the acquisition of the parcels and parking easement and pay $5,009,332 to the City of Baldwin Park from the LMIHTF for affordable housing development purposes and the parking easement. 3. Authorize the Finance Director to set aside the amount of $5,009,332 in a separate fund restricted for future development or redevelopment of the community. �Zu , �, Attachment #1 - Assessor Parcel Maps for City-Owned Parcels Attachment #2 - Purchase Agreement and Parking Easement Agreement 0 sz Oa J , Lj > < rn co OZ 7, Ch c cm o too LS to N V'-) �i 0 V4 Lo CO V) z w am • • yW on u N d S81 ca v. C\J U) uz u V) z w am • • yW on u N d S81 ca v. 10 OV hd CIA 21N 241 !al v IAO lA4atm j 91 CL CFO- SVt 0 CL ;z �zto I az w T Wl tm l 3AV DNINMOCI CI CV -T-1 00 '::I,q OA k,� a to o CL ON 0) 00 cq q W o otz O ki 0 gq In "M a. qh LO Uf 00 zt w '�]AV :3NIVN co a to o CL ON 0) 00 cq q W (j 0 Llj U. Z z Cd 0 zt w '�]AV :3NIVN co CL ti zt w '�]AV :3NIVN co byyK OU Zgv Xom ff 4 '0 O all 00 cc CC 6f R, O (Y) LO LO co :c 0 7- Sul G ga S ypT :�-�CD <.q tf 94 a N 1:k I yel A AV FINIVLN :c 0 7- Sul G ga S ypT :�-�CD <.q tf Purchase Agreement and Parking Easement Agreement PURCHASE AND SALE AGREEMENT by and between The City oflBaldwin Park M Community Development Commission of the City of Baldwin Park 1 of 12 THIS PURCHASE AGREEMENT FOR REAL PROPERTY ( "Agreement ") is entered into by and between the CITY OF BALDWIN PARK, a municipal corporation (hereinafter called "City ") and the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK, a public body, corporate and politic (hereinafter called "CDC "), for the purchase by CDC of certain real property as hereinafter set forth. RECITALS A. City is the owner of certain real property generally described as five (5) parcels of a combined size of approximately 3.53 acres (legally described in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full) (the "Property ") as well as twenty -five (7-5) parking spaces in the to be provided in the parking structure City will be constructing behind City hall (the "Parking Spaces "). Property C,11 C- `'' ` t ri r fry : s; ng B. The � roperty zs current ly excess land v�ry and `.ai'v Cleslie sCS be use.' for afford able ��oL.,a«b'. The Parking Spaces are needed for the affordable housing to be developed on Parcels with APN 8554- 001 -901, 904, 907. C. City desires to sell and CDC desires to buy the Property and use of the Parking Spaces pursuant to the terms, provisions and conditions herein. SUBJECT OF THIS AGREEMENT FOR GOOD AND VALUABLE CONSIDERATION, the receipt and adequacy of which are acknowledged, City and CDC hereby agree as follows: A. Purpose of this Agreement City agrees to sell and CDC agrees to purchase the Property and use of the Parking Spaces and (i) all rights appurtenant thereto, (ii) all improvements on and to the Property (iii) all sewer and utility rights allocated to the Property, (iv) all right, title, and interest of City in and to any roads, streets and ways, public or private, serving the Property, (v) appurtenances to the Property and (vi) all rights and entitlements to development of the Property granted by governmental or quasi - governmental bodies or entities having jurisdiction or authority over the Property. B. The Property The Property consists of Parcel 1 which is approximately thirty thousand six hundred and seventy (30,670) square feet, Parcel 2 which is approximately sixty four thousand nine hundred and forty (64,940) square feet, Parcel 3 which is approximately twenty two thousand five hundred (22,500) square feet, Parcel 4 which is approximately seven thousand. two hundred (7,200) square feet, Parcel 5 which is approximately 28,370 square feet (28,370) square feet, all as further described on Exhibit A. C. Parties to this Agreement 2of12 I. City City is a municipal corporation. The principal office of City is located at 14403 East Pacific Avenue, Baldwin Park, CA 91706. "City" as used in this Agreement, includes City, and any assignee of or successor to the rights, powers and responsibilities of City. 2. �CDC (-T)C it n nliblir, hodv- rornorate and politic. The principal office of CDC is located at 14403 nast, PaCII-Ic Avenue, Bald—W Pax.,, rl A Q 1 17AA -1— 1 air, —11 -� I I VU "CDC" as used in this Agreement, includes CDC, and any assignee of or successor to the rights, powers and responsibilities of CDC. 11. AGREEMENT TO SELL AND PURCHASE In accordance with, subject to, and conditioned on all terms, covenants, and conditions of this Agreement, CDC agrees to sell the Property to the City and the City agrees to acquire the Property from CDC for the consideration set forth herein. A. Purchase Price City's purchase price for the Property shall be Nine Hundred Twenty Thousand One Hundred Dollars ($920,100.00) for Parcel 1, One Million Nine Hundred Forty Seven Thousand One Hundred Thirty Two Dollars ($1,947,132.00) for Parcel 2, Six Hundred Seventy Five Thousand Dollars ($675,000.00) for Parcel 3, Two Hundred Sixteen Thousand Dollars ($216,000.00) for Parcel 4, Eight Hundred Fifty One Thousand One Hundred Dollars ($851,100.00) for Parcel 5, and Four Hundred Thousand Dollars ($400,000.00) for use of the Parking Spaces (the "Purchase Price). The City shall pay the Purchase Price to the CDC at the time and in the manner and form set forth herein. B. Payment of the Purchase Price City shall pay the Purchase Price within one business day of CDC's receipt of proof of City's recordation of the Grant Deeds (as defined below) conveying the Property to CDC and the Easement Deed (as defined below) conveying an casement for CDC's use of the Parking Spaces. 111. CONVEYANCE A. Transfer of Property in accordance with and subject to all the terms, covenants and conditions of this Agreement, CDC agrees to convey Property to City, and City agrees to accept Property from CDC. 3 of 12 B. Form of Grant Deeds and Easement Deed City shall convey to CDC title to the Property, in the condition of title provided in Subsection C., below, by individual grant deeds conforming in form and substance to the form attached hereto and incorporated herein as Exhibit B (the "Grant Deeds "). City shall convey to CDC an easement for use of the Parking Spaces (the "Easement ") by an easement deed conforming in form and substance to the form attached hereto and incorporated herein as Exhibit C (the "Easement Deed "). C. Condition of Title City shall convey to CDC the Easement and fee simple title to Property free and clear of all recorded liens, encumbrances, assessments, easements, leases and taxes, subject to (a) those as set forth in this Agreement and included in the Grant Deed; (b) those exceptions identified in Title Preliminary Report dated , Order No, ; and (c) those which are otherwise consistent with this Agreement. Title to the Property shall be subject to the exclusion therefrom (to the extent now or hereafter validly excepted and reserved by the parties named in deeds, leases and other documents of record) of all oil, gas, hydrocarbon substances and minerals of every kind and character lying more than five Hundred (500) feet below the surface, together with the rig' ht to drill into, through, and to use ano occupy all parts of Property lying more than five hundred (500) feet below the surface thereof for any and all purposes incidental to the exploration for and production of oil, gas, hydrocarbon substances or minerals from the Property, to the extent not owned by City, but without, however, any right to enter upon, use or disturb either the surface of the Property or any portion thereof within five hundred (5 00) feet of the surface for any purpose or purposes whatsoever. All references to conveyance of title in this Agreement shall also mean delivery ofpossession as refereed to in this Subsection as the context may require. D. Time for and Place of Delivery of the Grant Deeds and Easement Deed Subject to any mutually agreed upon extension of time, City and CDC shall sign the Grant Deeds and Easement Deed, within five (5) business days after this Agreement is singed and City shall provide proof of recordation of the Grant Deeds and Easement Deed within five (5) business days after they are signed. E. Recordation of the Grant Deeds City shall file the Grant Deeds for recordation among the land records in the Office of the County Recorder for Los Angeles County. F. Title Insurance. Concurrent with the recordation of the Grant Deeds, a title insurance company satisfactory to CDC and City ("Title Co. ") shall provide and deliver to City an ALTA title insurance policy issued by the Title Co. insuring that title to the Property is vested in City in the condition required by this Agreement. The Title Co. shall provide City with a copy of the title insurance policy. The title insurance policy shall be in the amount of the Purchase Price. CDC shall pay for all premiums, including those for any extended coverage or special endorsements. 4of12 G. Taxes and Assessments. All ad valorem taxes and assessments levied, assessed or imposed for any period prior to conveyance of title to the Property shall be paid by City. H. Occupants of Property. City agrees title to the Property shall be conveyed free of any possession or right of possession. I. Condition of the Property; Hazardous Substance Disclosure, Release and Indemnity. The Property shall be delivered from City to CDC in an "as is" condition. City represents to the best of its actual knowledge, the Property does not currently contain any Hazardous Substances. CDC shall be solely responsible for all necessary testing of the Property for hazardous V-r MULUI-laIS PU16UUILL LU all dj)jJIIUdVIQ lawn, Agreement, "hazardous materials" shall mean asbestos; polychlorinated bip1henyls twhetlncr or ri-iot highly chlorinated), radon gas; radioactive materials; explosives; chemicals known to cause cancer or J reproductive toxicity hazardous waste, toxic substances or related materials; petroleum and n,piouU t Y� d petroleum product, including, but not limited to, gasoline and diesel fuel; those substances defined as a "Hazardous Substance", as defined by Section 9601 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq., or as "Hazardous Waste" as defined by Section 6903 of the Resource Conservation and Recovery Act, 42 U.S.C. 6901, et seq.; an "Extremely Hazardous Waste," a`Hazardous Waste" or a "Restricted Hazardous Waste," as defined by The Hazardous Waste Control Law under Section 25115, 25117 or 25122.7 of the California Health and Safety Code, or is listed or identified pursuant to Section 25140 of the California Health and Safety Code; a "Hazardous Material", "Hazardous Substance," "Hazardous Waste" or "Toxic Air Contaminant" as defined by the California Hazardous Substance Account Act, laws pertaining to the undergrourid storage of hazardous substances, hazardous materials release response plans, or the California Clean Air Act tinder Sections 25316, 25281, 25501, 25501,1 or 39655 of the California Health and Safety Code; "Oil" or a "Hazardous Substance?' listed or identified pursuant to 311 of the Federal Water Pollution Control Act, 33 U.S.C. 1321; a "Hazardous Waste," "Extremely Hazardous Waste" or an "Acutely Hazardous Waste" listed or defined pursuant to Chapter 11 of Title 22 of the California Code of Regulations Sections 66261.1 - 66261.126; chemicals listed by the State of California under Proposition 65 Safe Drinking Water and Toxic Enforcement Act of 1986 as a chemical known by the State to cause cancer or reproductive toxicity pursuant to Section 25249.8 of the California Health and Safety Code; a material which due to its characteristics or interaction with one or more other substances, chemical compounds, or mixtures, materially damages or threatens to materially damage, health, safety, or the environment, or is required by any law or public CDC to be romediated, including remediation which such law or government CDC requires in order for the property to be put to the purpose proposed by this Agreement; any material whose presence would require reniediation pursuant to the guidelines set forth in the State of California Leaking Underground Fuel Tank Field Manual, whether or not the presence Of Such material resulted from a leaking underground fuel tank; pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 et seq.; asbestos, PCBs, and other substances regulated tinder the Toxic Substances Control Act, 15 U.S.C. 2601 et seq.; any 5 of 12 radioactive material including, without limitation, any "source material," "special nuclear material," "by-product material," "low-level wastes," "high-level radioactive waste," "spent nuclear fuel" or "transuranic waste" and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 U.S.C. 2011 et seq., the Nuclear Waste Policy Act, 42 U.S.C. 10101 et seq., or pursuant to the California Radiation Control Law, California Health and Safety Code, Sections 25800 et seq.; hazardous substances regulated under the Occupational Safety and Health Act, 29 U.S.C. 651 et seq., or the California Occupational Safety and Health Act, California Labor Code, Sections 6300 et seq.; and/or regulated under the Clean Air Act, 42 U.S.C. 7401 et seq. or pursuant to The California Clean Air Act, Sections 3900 et seq. of the California Health and Safety Code. Any studies and reports generated by City's testing for hazardous materials shall be made available to City upon City's request. If the -,n4l water or material conditions of the Property, or anypart thereof including without limitation hazardous materials, are not in all respects entirely suitable for the use or uses to which the Property will be put, then it is the sole responsibility and obligation of CDC to take such action as may be necessary to place the Property and the soil, water and material conditions thereof in all respects in a condition entirely suitable to the use or uses to which the Property will be put. M. Preliminary Work By CDC. Upon the execution of this Agreement and prior to the conveyance of title to the Property to CDC, representatives of CDC shall have the right of access to and entry upon the Property, at all reasonable times for the purpose of obtaining data and making surveys and tests necessary to carry out this Agreement. CDC agrees to and shall defend, indemnify and hold harmless the City and its officers, employees, contractors and agents' from and against all claims, liability, loss, damage, costs or expenses (including reasonable attorneys' fees and court costs) arising fi-om or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent to the Property, or in connection with the activities of CDC, its officers, employees, contractors or agents, performed and conducted on the Property pursuant to this Subsection J., and which shall be directly or indirectly caused by the acts, errors or omissions of CDC or its officers, employees, contractors or agents. IV. APPROVAL OF THIS AGREEMENT Agreement Subject to City and CDC.'s Discretion. This Agreement is expressly subject to and contingent upon City's and CDC's approvals and written acceptances which may only occur if approval and authorization is granted by the governing bodies of each at a duly noticed public meeting, in each of their sole discretion and after conducting site]] procedures as maybe required by law for the purchase of the Property. V. NO EFFECT ON DUTIES TO CLOSE DUE TO CHANGES PRIOR TO CLOSING Except as otherwise provided in this Agreement, any change in circumstances following full execution of this Agreement of any kind or nature whatsoever including, but not limited to, any 6 of 12 increase or decrease in the value of the Property, the discovery of any new or unknown facts (except as noted in this Agreement), changes in statutory or case law, any allegation of mistake of fact or any allegation of mistake of law does not and shall not affect the duties of the parties herein to close the transactions set forth in this Agreement and does not and shall not affect the enforceability of this Agreement. VI. DEFAULTS AND REMEDIES A. Defaults — General. Subject to the extensions of time set forth herein, failure or delay by either party to perform any tern or provision of this Agreement constitutes a default under this Agreement. The party who fails or delays must immediately, upon receipt of written notice as specified below, commence to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy with reasonable diligence, and during any period of curing shall not be in default, provided that in any event the default shall be cured by thirty (30) days. Notwithstanding the foregoing, if a failure or delay in performance by one party would cause the other party to be in default under a written agreement with an unrelated third part„ their if such failure or delay is not corrected within thirty (30) days after written notice, the non - defaulting party may take reasonable steps to minimize its liability to such third party or other damage as a result of such failure or delay, and the defaulting party will be liable for the reasonable costs thereof. The injured party shall give written notice of default to the patty in default, specifying the default complained of by the injured party. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. Except as otherwise expressly provided in this Agreement, any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by either party in asserting any of its rights and remedies shall not deprive either- party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect assert or enforce any such rights or remedies. If a monetary event of default occurs, prior to exercising any remedies hereunder, then the injured party shall give the party in default written notice of such default. The party in default shall have a period of ten (10) calendar days after such notice is received or deemed received within which to cure the default prior to exercise of remedies by the injured party. If a non - monetary event of default occurs, prior to exercising any remedies hereunder, then the injured party shall give the party in default notice of such default. If the default is reasonably capable of being cured within thirty (30) calendar days after such notice is received or deemed received, the party in default shall have such period to effect a cure prior to exercise of remedies by the injured party. if the default is such that it is not reasonably capable of being cured within thirty (30) days, and the party in default (1) initiates corrective action within said period, and (2) diligently, continually, and in good faith works to effect a came as soon as possible, then the party in default shall have such additional time as is reasonably necessary to cure the default prior to exercise of any remedies by the injured party, but in no event longer than ninety (90) days after the 7of12 date the first notice of default is given. In no event shall the injured party be precluded from exercising remedies if its security becomes or is about to become materially jeopardized by any failure to cure a default, B. Institution of Legal Actions. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of Los Angeles County, State of California, in any other appropriate court in that county, or in the Federal District Court in the Central District of California. C, Applicable I.aw. The laws of the State of California shall govern the :nteff retat:on Mn,i enforcement „rte,;, Agree^^on't D. Acceptance of Service ofProcess. In the event any legal action is commenced by CDC against City, service of process on City shall be made by personal service upon the City's Chief Executive Officer, or in such other manner as may be provided by law. In the event any legal action is commenced by City against CDC, service of process on CDC shall be made by personal service upon CDC's Executive Director or in such other manner as may be provided by law. E. Rights lts and Remedies Are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. F. Damages If either party defaults with regard to any of the provisions of this Agreement, then the nondefaulting party shall serve written notice of such default upon the defaulting party. If the default is not commenced. to be cured in accordance with Section VI after service of the notice of default and is not cured promptly in a continuous and diligent manner within a reasonable period of time after commencement, then the defaulting party shall be liable to the nondefaulting party for actual damages caused by such default, and the nondefaulting party may thereafter (but not before) commence an action for actual damages against the defaulting party with respect to such default. Indirect and consequential damages shall not be sought by either party; except that, (i) if a defaulting party commits willful misconduct or fraudulent acts or omissions, the nondefaulting party can seek punitive and consequential damages against the defaulting party and (ii) the nondefaulting party can seek consequential damages if the defaulting party has materially breached this Agreement and such breach was not due to causes beyond the reasonable control of the defaulting party. 8of12 G. Specific Performance. If either party defaults with regard to any of the provisions of this Agreement, then the nondefaulting party shall serve written notice of such default upon the defaulting party. If the default is not commenced to be cured within thirty (30) days after service of the notice of default and not cured promptly in a continuous and diligent manner within a reasonable period of time after commencement, then the nondefaulting party, at its option, may thereafter (but not before, unless necessary to prevent immediate harm) commence an action for specific performance of the terms of this Agreement pertaining to such default. VII. CONFLICT OF INTEREST No member, official or employee of City or CDC shall have any direct or indirect interest in th;c A r.e amp"+ nor oliarl c„rik mamhar official or employee participate in any decision relating to riteAgree °invne whrG`rh is prohibited b.,F1 =-. VII. INDEMNIFICATION A. Non - liability of City. or CDC Officials and Emplo eel' Default No member, official or employee of City shall be personally liable to CDC, or any successor in interest, or anyone else as a result of any default or breach by City for any amount which may become due to CDC or successor or on any obligations under the terms of this Agreement. No member, official or employee of CDC shall be personally liable to City, or any successor in interest, or anyone else as a result of any default or breach by CDC for any amount which may become due to City or successor or on any obligations under the terms of this Agreement. B. City's Indemnifications; Tenant Claims City agrees to and shall defend, indemnify, and hold harmless CDC and each of its officers, employees, contractors, and agents, from and against all claims, liability, loss, damage, costs or expenses (including reasonable attorney's fees and court costs) ( the "Claims ") arising from or as a result of any claims made after the conveyance of the Properly based upon or arising from any claims of possession of the Property, that pre - existed that conveyance pursuant to this Agreement. IX. MISCELLANEOUS A. Entire Agreement This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or part of the subject matter hereof. None of the terms, covenants, agreements or conditions set forth in this Agreement shall be deemed to be merged with the Grant Deeds of the Easement Deed, and this Agreement -and the obligations of the parties shall remain in full force and effect until the conveyance of the Property. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of City and CDC, and all amendments hereto roust be in writing and signed by the appropriate authorities of City and CDC. 9of12 B. Approvals Any and all approvals by City or CDC under this Agreement or documents referenced hereunder shall be made promptly and in good faith and not unreasonably delayed or withheld and shall be exercised with a view toward implementing the purposes of this Agreement. C. Binding Effect, Modifications and Counterparts This Agreement shall be binding upon and shall inure to the benefit of the respective heirs, trustees, beneficiaries, successors, representatives and assigns of the parties. This Agreement cannot be modified, amended, changed or revised except by a writing executed by each of the parties hereto. This Agreement maybe executed in one or more counterparts and, when executed by each of the parties signatory hereto, shall be binding on all of the parties hereto even though each of the signatory parties may have executed separate counterparts hereof. D. Governing Law This Agreement and the interpretation hereof, shall be governed by and in accordance with the procedural and substantive laws oft' pe State of California as to all matters. E. Severabili#y If one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, void or unenforceable for any reason whatsoever, then such provision shall be stricken and of no force or effect. The provision, terms or words to be stricken shall be as limited as permissible by law and shall not affect, impair or invalidate any other provision of this Agreement. If a provision of this Agreement shall be deemed invalid due to its scope and breadth, then such provision shall be deemed valid to the extent of the scope or breadth permitted by law. The remaining terms and provisions of this Agreement shall continue in full force and effect and, to the extent required, shall be modified to preserve their validity. F, Interpretation This Agreement shall not be constrL.ied in favor of or against a party by reason of its participation or lack of participation of that party or its counsel in drafting this Agreement and/or any provision or term of this Agreement and/or any Exhibit attached hereto. This Agreement shall be interpreted and construed as if drafted by all parties with equal participation in the drafting hereof. G. Attorney's Fees and Costs In the event any party institutes a proceeding under this Agreement, the prevailing party shall, in addition to such other relief as may be awarded, be entitled to recover, as an element of its costs (and not as damages), attorney's fees, expenses and costs actually incurred with such proceeding. H. Waiver A waiver of a breach by any party hereto in any one instance shall not constitute a waiver of any prior or subsequent breach, whether or not similar. I. Warranty of Authority and Consents. Each party hereto represents and warrants that the party has the right, power, legal capacity and authority to enter into and perform the 10 of 12 obligations set forth in this Agreement and that no approvals or consents or any persons, firms, corporations or entities are necessary in conjunction with same. J. No Benefit to Third Parties. Except as otherwise specifically provided herein, this Agreement is not intended for the benefit of any third party. K. Recitals. The "Recitals" set forth in this Agreement constitute a mater ialpart of this Agreement and are incorporated herein, and, to the extent necessary, required of helpful, shall be considered in construing, interpreting and enforcing the terms and provisions of this Agreement. L. Exhibits. in the event of any inconsistency or conflict between the terms and nP01'e A ar and provisions nnfi the terms, and provisions of any Exhibit, the terms a Exhibit shall be A. inat-re and controll- 01 4,� L said Si ---- K Effective Date This Agreement shall be effective as of the date on which it is signed on behalf of City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate original on the dates set forth herein below. Dated: — 2011 ATTEST: Laura M. Nicto, CMC Deputy City Clerk CITY OF BALDWIN PARK, a municipal corporation EIR Manuel Lozano, Mayor Joseph W. Pannone City Attorney [Signatures continued on Page 12] II of 12 [Signatures continued from Page 11] COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK, a public body, corporate and politic Dated: '2011 By: V11-ay Singh'al, Executive Director I ATTEST: APPROVED AS TO FORM Laura M. Nicto, CMC Joseph W. Pan-none Secretary General Counsel Attachments: Exhibit A: Legal Description Exhibit B: Form of Grant Deeds Exhibit C: Form of Easement Deed 12 of 12 Exhibit A Legal Descriptions PARCEL 1: APN 8544 -020 -901, IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8544 PAGE(S) 20 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN 84.3 7- 013 -905, IN THE C1T .A Y OF BALDWIN PARK, COUNTY OF LOS ANGELES, STA'T'E OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8437 PAGE(S) 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 3: APN 8554 -001 -901, 904, 907, IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8554 PAGE(S) 1 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN 8554001 -910, IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8554 PAGE(S) 1 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. '43i0 APN 8553 - 011 -901, IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8553 PAGE(S) 11 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Page 1 of l Exhibit B Form of Grant Deeds Recorded at the request of Community Development Commission of the City of Baldwin Park, a public body, corporate and politic When Recorded Mail to: Cornmuni y Development Commission of the City Baldwin Park 114403 mast Pacific Avenuc Baldwin Park, CA 91706 This document is recorded for the benefit of the Community Development Conunission of the City of Baldwin Park on and is therefore exempt from the payment of the recording fee pursuant to Government code Section 6103 and from the payment of the documentary transfer tax pursuant to Revenue and Taxation Code Section 11922. GRANT REED Assessor's Parcel Number: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF BALDWIN PARK, a municipal corporation Hereby grants to the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK, a public body, corporate and politic, all that real property in Baldwin Park, County of Los Angeles, State of California, as described in Exhibit A, attached hereto and incorporated herein by reference. Dated this day of , 2011, Manuel Lozano, Mayor Page l of 1 EXHIBIT A LEGAL DESCRIPTION , IN THE CITY OF BALDWIN PARK., COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK � PAGE {S} OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Page 1 of I EXHIBIT C Form of Easement Recorded at the request of Community Development Commission of the City of Baldwin Park, a public body, corporate and politic When Recorded Mail to: Community Development Commission of the City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 This document is recorded for the benefit of the Community Development Commission of the City of Baldwin Park on and is therefore exempt from the payment of the recording fee pursuant to Government code Section 6103 and from the payment of the documentary transfer tax pursuant to Revenue and Taxation Code Section 11922. AGREEMENT AND GRANT OF EASEMENT This Agreement and Reservation of Access Easement ('Agreement'), dated January 25, 2011 for reference purposes only, is entered into by and between the CITY OF BALDWIN PARK, a municipal corporation ( "City") and the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK, a public body, corporate and politic, ( "CDC ") with reference to the following facts: A. CDC and City have entered into to that certain Agreement of Purchase dated January 25, 2011 (the "Purchase Agreement ") pursuant to which City has agreed to convey to CDC the real property described in Exhibit A' which is attached hereto and by this reference is incorporated herein, (the "CDC Property ") and a parking easement to a parking structure (the "Parking Structure ") to be built on a City -owned parcel described in Exhibit B, which is attached hereto and by this reference is incorporated herein (the "City Parcel "). B. The parties now desire to enter into this Agreement for the purpose of reserving certain ingress and egress rights over and parking use rights on and over portions of the City Parcel to benefit the CDC Property. Such ingress, egress and parking use rights will be located on, above and across the portions of the City Parcel. Page I of 4 NOW, THEREFORE, for valuable consideration, the parties agree as follows: 1. Unless otherwise expressly stated or the context requires, all capitalized terms used herein shall be defined as in the Purchase Agreement. 2. Grant of Easement. City hereby grants and CDC hereby accepts, on each of their behalf and on behalf of each of their successors and assigns (as defined below) of an casement for the perpetual right, privilege and authority for pedestrian and vehicular ingress and egress, twenty-four (24) hours per day, seven (7) days per week, over and across designated portions of the Parking Structure and City Parcel for the purposes of accessing the City Parcel and Parking Structure for parking tip to twenty-five (25) passenger vehicles of residents or invitees of residents of low- to moderate-income households residing on the CDC Property (the "Permiftees"). 5 n the Parking Structure and City Parcel. City shall maintain. the, Parking Structure and City Pat-eel and all access routes over the Parking Structure and City Parcel in a good condition and in good working order at its sole cost and expense; provided, that other than reasonable wear and tear, any damages caused by CDC or its successor or assigns shall be repaired by CDC or any of the Permittees. 1 4. Representations. City represents and warrants that as of the date this Agreement is recorded (a) City is the owner of the City Parcel, (b) City has not assigned or transferred or agreed to assign or transfer any of its right, title or interest in and to the City Parcel or any portion thereof except for an access casement to Verizon California, Inc., (c) City has the authority to enter into this Agreement, and (d) this Agreement is a valid and binding obligation upon City. 5. Interference. Neither City nor any of City's agents, employees, or contractors (collectively, the "City Parties") shall materially interfere with the rights reserved to CDC herein (the "Interference"). This Agreement also includes the right at all times to remove all materials and debris which in interferes or may interfere with the rights reserve d to CDC herein. City shall exercise due care in carrying out any work within the City Parcel and Parking Structure, City shall immediately take all necessary measures, at City's sole cost and expense,'to eliminate any Interference which City has directly or indirectly caused and of which City is notified or is otherwise aware. The provisions of this Paragraph 5 shall survive the termination of this Agreement. Exhibt B Page 2 of 4 6. Notices. Whenever any party hereto shall desire to deliver to the ether any notice, demand, request or other communication, each such notice, demand, request or other communication shall be in writing, shall be given by personal delivery, by registered or certified United States mail, return receipt requested, or by overnight courier, postage prepaid, addressed as follows: To CDC: Community Development Commission of the City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Attn: Vijay Singhal, Executive Director Tf l+; +E,. tit :rnFRa1r1�4r<nUaar� .r 14403 East Paciliv rvenrre Baldwin Paik, California 91706 Attn: Vijay Singhal, Chief Executive officer Any such notice, demand, request or other communication shall be deemed effective on the day of actual delivery or refusal to accept as shown by the addressee's return receipt. if the date on which any notice required to be delivered hereunder falls on a weekend or legal holiday, then such notice may be delivered on the next business day immediately following such weekend or holiday. The foregoing addresses may be changed by notice given in accordance with this Paragraph 6. 7. Default and Remedies. If either party fails to perform any of the terms, covenants and agreements contained herein, if such failure continues for a period of thirty (30) days after written notice (provided such party shall have such extended period as may be required beyond the thirty (30) days if the nature of the failure is such that it reasonably requires more than thirty (30) days to cure and the party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion), then the non - defaulting party shall be entitled to all remedies available to it at law or equity, including by way of example and not in limitation thereof, the right to sue such person for specific perforinance, injunctive relief and/or monetary damages, including without limitation, reasonable attorneys' fees, costs and expenses. Miscellaneous. 8.1 This Agreement shall be binding upon and inure to the benefit of CDC and its successors and each of the successor owners of the CDC Property. 8.2 This Agreement shall be governed by and interpreted under the laws of the state of California. 8.3 If any action or proceeding is commenced by any party to enforce the terms of this Agreement, then the prevailing party shall be entitled to recover from the other Exhibt B Page 3 of 4 party reasonable attorneys' fees and costs in addition to any other relief awarded by the court including fees and costs related to any appeal or a bankruptcy action of any kind. 8.4 As used in this Agreement, the term "including" shall mean including without limitation. Time is of the essence of this Agreement. The parties' respective rights and remedies under this Agreement are cumulative with and in addition to all other legal and equitable rights and remedies which the parties may have under applicable law. This Agreement may be signed in counterparts. IN WITNESS WHEREOF, this Agreement has been executed by the parties on the date and year first written above. i-etz r-� COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK, a public body, corporate and politic Vijay Singhal, Executive Director rTmv. CITY OF BALDWIN PARIS, a municipal corporation Exhibt B Page 4 of 4 Manuel Lozano, Mayor ACKNOWLEDGMENT STATE OF COUNTY OF, On before me, I personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her/their authorized capacity(ics), and that by his/her/their signature(s) on the instrument the person(s), or I certify under PENALTY OF PERJURY under the laws of the State of California that the g foregoin paragraph is ft Lie, and correct, c— C, paragraph my hand and official seal. Notary Public (Seal) ACKNOWLEDGMENT STATE OF COUNTY OF On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or ul-, untity Upuil Uvauti-L V1 W111CR U.IQ _p'-10-011kaj a%ao4u, 1 certify under PENAL -f OF PER)RUM'Y under the laws of the State of Cali 'Urnia that the foregoing paragraph is true and correct, paragraph my hand and official seal. Notary Public (Seal) EXHIBIT A LEGAL DESCRIPTION — CDC PROPERTY IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK — PAGE(S) _ OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Page I of I. LEGAL DESCRIPTION -- CITY PARCEL , IN THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK PAGE(S) OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Page 1 of I. TO: Honorable Chair and Members of the Commission FROM: Vijay Singhal, Chief Executive Officer DATE: January 26, 2011 SUBJECT: Transfer of Parcel owned by the Community Development Commission within the Sierra Vista Area as an Asset of the Commission's Non-housing Fund to Become an Asset of the Commission's Low and Moderate Income Housing Funds. _aJRqX0*.T4A The purpose of this report is for the Community Development Commission of the City of Baldwin Park (CDC) to consider transferring a specific parcel within the Sierra Vista Project Area owned by the CDC and held as an asset of the CDC's non-housing money fund to be held as an asset of CDC's Low and Moderate Income Housing Trust Funds (LMIHTF) for the purposes of developing affordable housing units and transferring money between those funds to reflect that transfer. BACKGROUND There are a few CDC owned parcels that have potential for development. Throughout the years, CDC staff has made significant efforts to develop those parcels; however, due to their irregular shape, size, location, and market conditions, development of those parcels has not taken place. Staff believes transfer of one of those parcels as an asset of the CDC's non-housing money fund to an asset of the CDC's LMIHTF will allow that property to be developed as an affordable housing/mixed use development. DISCUSSION The CDC continues to meet its requirements for affordable housing development in accordance with 5-Year Redevelopment and Housing Implementation Plan and as required by law, In order to assist with the development of underutilized CDC-owned parcels and to continue to meet or exceed affordable housing requirements, the CDC proposes to transfer a specific CDC-owned parcel within the Sierra Vista Area that is held as an assets of the CDC's non-housing money fund to be held as an asset of the CDC's LMIHTF, Commission-Owned Parcel January 25, 2011 Page 2 of 3 Lidgard Associates prepared an appraisal (dated November 19, 2010) of the City-owned Park-N-Ride property (a property in proximity to the parcelslassets, being considered for transfer), showing a value of $1,950,000, which is approximately $30 per square foot. Staff is using that appraisal to determine the aggregate value of the assets to be transferred as discussed herein. While the parcel below is not in the downtown area, staff believes that its appraised value will be higher because of its location. The parcel is along the 1-10 freeway with much greater visibility and access. However, absent an appraisal staff is using the value per Lidgard Associate's appraisal. The foliovvino is the assets/parcel being considered: 1, Sierra Vista - APN 8460-005-900: - CDC owned, unimproved parcel located on Garvey Avenue within the Sierra Vista Redevelopment Project Area along the 1-10 freeway. Currently vacant and sometimes used as material staging area by the City's Public Works Department. $629,1100 (which is likely less that the property is actually worth due to its location adjacent to the ±1 1-10} The total area for the above parcel is approximately 20,970 square feet and .48 acres. Subject CDC-Owned Parcel (20,970 Square Feet@ $30) = $629,100 This transfer of this asset shall be accomplished through modifications to the CDC's accounts as determined necessary by the CDC's Treasurer and Executive Director. FISCAL IMPACT There is no negative impact to the CDC's General Fund. As the Council and Board Members are aware, in his proposed budget the Governor is recommending the elimination of redevelopment agencies. It is believed the Legislature is working on some sort of urgency legislation, which may prevent the redevelopment agencies from taking actions to protect their assets. We do not know if any legislative changes would be implemented and if they are what they may be. However, staff believes, as do many agencies throughout the State and the California Redevelopment Association, taking appropriate actions immediately to protect the local community's assets against any adverse action the State may implement is important. Staff further believes the California voters have agreed such protections should be implemented through the passage of Propositions 1A and 22. I U **TOT, 19 IT, FA ML _107-Al-Kel 1' Staff recommends the CDC authorize the CDC Treasurer and Executive Director to make the necessary changes to the CDC's accounts and budget to reflect the transfer of the real property, described above, as an asset of the CDC's non-housing fund to Commission -Owned Parcel January 25, 2011 Page 3 of 3 bean asset of the CDC's LMIHTF and transferring $629,100 from the CDC's LMI HTF to the CDC's non - housing fund to reflect that asset transfer. U-116 rf+31t��11 Attachment #1 - Assessor Parcel Map for Commission -Owned Parcel s Assessor Parcel Maps for Commission -Owned Parcels uj x 0, i 012 tu ep qp z o Al CNN ro 4k C114 V4 �Mc�gll \Pog tu fo Lo co fs ON oo __— ' ^ --_— '— EJJ 'S Ile ro of Ul to LO co CWI IV Lo tu CO TO: Honorable Mayor and Members of the City Council Honorable Chair and Members of the Commission FROM: Vijay Singhal, Executive Director Lorena Quijano, Director of Financ DATE: January 25, 2011 Q! M lr_f�T: Repavment of /1%mounIES, Owed loy the Community Development Y Commission's Low- and Moderate - income Housing Fund MMMMMA To authorize the Community Development Commission (Commission) to repay a portion of the outstanding obligations from the Low- and Moderate-Income Housing Trust Fund (LMIHTF). BACKGROUND/DISCUSSION /: Outstanding Loan Obligation from the Commission to the City for Administrative Expenses Annually the Commission, including the LMIHTF, incur operating and administrative expenditures necessary to maintain their operations; however, on many occasions, there isn't sufficient cash to pay for these expenditures, In order to assist the Commission, including the LMIHTF, with operations and to continue redevelopment efforts, the City budgets and advances (loans) funds to cover some or all of those expenditures. The following is a summary of the outstanding balances owed as of June 30, 2010, to the City by the Commission: Principal Interest Total San Gabriel River 2,493,480 $ 468,075 $ 2,961,555 Puente Merced $ 1,123,856 $ 532,915 $ 1,656,771 West Ramona $ 51,693 $ 29,253 $ 80,946 Central Business District $ 2,861,798 $ 2,597,906 $ 5,459,704 Delta 260,170 184,508 $ 444,678 Sierra Vista 6,452,177 3,034,179 $ 9,486,355 Low Mod Income Housing $ 444,561 $ 81,019 $ 625,680 Total Outstanding Loan $ 13,687,734 $ 6,927,854 $ 20,616,588 January 25, 2011 Page 2 of 3 Although the City budgets for annual advances (loans) the final amount due is determined at the end of each fiscal year. The annual amount is added to the total obligation and interest is added based on the California Local Agency Investment Fund (LAIF). The total obligation to the City is disclosed in the annual audited financial statements and the statement of indebtedness. In the last couple of years the LMIHTF had sufficient monies for its operating and administrative expenses and, thus, did not need additional loans from the City. Therefore, it is recommended the following payment be made: It is recommended the outstanding loan amount of $525,580 be paid in full by the LMIHTF since it has available monies to repay its entire obligation to the City's r,pnPrq] Fiinri 11/: Additional Oblfgation by ffie _1M1HTF to Iffie Qfty The LMIHTF currently owes an additional $2,873,421 to various City Funds as reflected in the audited financial statements (see attached copy of page 11 of the Commission's June 30, 2010 audited statements). The amount due is comprised of the following: Fund Description: Amount Owed Building Reserve Fund 3011 $2,575,008.00 San Gabriel River Fund 831 $296,584.00 General Fund Fund 100 $1,829.00 Total $2,873,421.00 The amounts owed to Building Reserve relates to the "Park Shadows," a low- and moderate-income condominium project that was constructed a number of years ago when the LMIHTF did not have sufficient monies to pay for the entire project. This amount will be designated for future economic development and redevelopment projects. Since the LMIHTF has available monies to repay its entire obligation in fiscal year 2010- 2011, it is recommended the total amount of $2,873,421 be paid in full to various funds noted above, FISCAL IMPACT As the Council and Board Members are aware, in his proposed budget the Governor is recommending the elimination of redevelopment agencies. It is believed the Legislature is working on some sort of urgency legislation, which may prevent the redevelopment agencies from taking actions to protect their assets. We do not know if any legislative changes would be implemented and if they are what they may be. However, staff believes, as do many agencies throughout the State and the California Redevelopment Association, taking appropriate actions immediately to protect the local community's assets against any adverse action the State may implement is important. Staff further believes the California voters have agreed such protections should be implemented through the passage of Propositions 1 A and 22. January 25, 2011 Page 3 of 3 There are sufficient cash balances in the LMIHTF to cover these amounts. The total impact of the repayment of the loans to the LMIHTF is $3,399,001 comprised of the $525,580 plus $2,873,421 as discussed above. RECOMMENDATION It is recommended the City Council & Community Development Commission: 1. Repay a portion of the amounts owed as discussed above. 2. Authorize the Finance Director to set aside the amount of $2,575,008 in a restricted fund for future development or redevelopment of the community, [2111FAmim #1- Page 11, excerpt of the Commission's Audited Financial Statements Baldwin Park Community Development Commission Balance Sheet Governmental Funds June 30, 2010 See notes to financial statements. 11 Low! Moderate Income Debt Capital Housing, Service Projects _T Total ASSETS Pooled cash and investments $ 8,888,016 $ 1,851,438 $ 1,265,275 $ 12,004,729 Cash and investmentsvrrth fiscal agents - 2,071,938 - 2,071,938 Property tax and other receivables, net 10,830 423,713 139,394 573,937 Loans receivable 2,363,069 - - 2,363,069 Due from other funds 1,531,981 825,957 1,168,745 3,516,683 Property held for resale, net 327,478 - 106,355 433,833 Total assets $ 13,121,374 $ 5,173,046 $ 2,669,769 $ 20,964,189 - LIABILITIES AND FUND BALANCES Liabilities Accounts payable and a M:ed liabilWes $ 4 286 $ 2654341 $ 23,484 $ 293;111 Unearned revenues 2,363,069 - - 2,363,069 n' Due to other funds 2,873,421 1,627,674 1,156,745 _ 5,659,840 / Total liabilities 5,240,776 1,893,015 1,182,229 8,316,020 Fund balances Reserved Property held for resale 327,478 - 106,355 433,833 Debt service - 3,280,031 - 3,280,031 Low and moderate income housing 7,553,120 - - 7,553,120 Unreserved - 1,381,185 1,381,185 Total fund balances 7,880,-598 3,289,031 1,487,540 12,648,169 Total liabilities and fund balances $ 13,121,374 $ 5,173,046 $ 2,669,769 $ 20,964,189 See notes to financial statements. 11 Im CITY OF BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION Honorable Mayor and Members of the City Council Honorable Chair and Members of the Commission FROM: Vijay Singhal, Executive Director Lorena Quijano, Director of Finance DATE: January 25, 2011 SUBJECT- Repayment of Amounts Owed by the Community Development. Commission to the City for Administrative Loans To authorize the Community Development Commission (Commission) to repay a portion of the outstanding obligations from the San Gabriel River and Sierra Vista Project Area's to the City. Annually the Commission incurs operating and administrative expenditures necessary to maintain its operations; however, in many occasions, the Commission does not have sufficient cash to pay for those expenditures. In order to assist the Commission with its operations and to continue its community redevelopment efforts, the City budgets and advances (loans) funds to cover some or all of those expenditures. The following is a summary of the outstanding balances owed as of June 30, 2010, to the City by the Commission: Although the City budgets for annual advances (loans) the final amount due is determined at the end of each fiscal year. The annual amount is added to the total obligation and interest is added based on the California Local Agency Investment Fund (LAIF), The total obligation to the City is disclosed in the annual audited financial statements and the statement of indebtedness. Principal Interest Total San Gabriel River $ 2,493,480 $ 468,075 $ 2,961,555 Puente Merced $ 1,123,856 $ 532,915 $ 1,656,771 West Ramona $ 51,693 $ 29,253 $ 80,946 Central Business District $ 2,861,798 $ 2,597,906 $ 5,459,704 Delta $ 260,170 $ 184,508 $ 444,678 Sierra Vista $ 6,452,177 $ 3,034,179 $ 9,486,355 Low Mod Income Housing $ 444,561 $ 81,019 $ 525,580 Total Outstanding Loan $ 13,687,734 $ 6,927,854 $ 20,616,688 Although the City budgets for annual advances (loans) the final amount due is determined at the end of each fiscal year. The annual amount is added to the total obligation and interest is added based on the California Local Agency Investment Fund (LAIF), The total obligation to the City is disclosed in the annual audited financial statements and the statement of indebtedness. January 25, 2011 Page 2 of 3 Although some of the Project Areas have not had sufficient monies to repay the outstanding balances due to the City for operating and administrative expenses, it is recommended the following monies received during fiscal year 2010-2011 for the following Project Areas is used to repay the City: It is recommended the San Gabriel River Project make a repayment of $296,584 to the City. The San Gabriel River Project will receive this amount in fiscal year 2010- 2011 from a transfer of assets between from the Low- and Moderate-income Housing Trust Fund (LMIHTF) and this Project Area's non-housing fund (approval of this repayment by the LMHIHF was presented separately to the Commission on January 25, 2011). nu nn,.,rngnnf tile City will -decrease to, $2,664,9711. it is recommended that the Sierra Vista Project make a repayment of $3,491,100 to the City. The amount was computed using the available cash balance of $2,862,000 as of January 2010 plus an additional $629,100 which the Project Area will receive for the transfer of assets between LMIHTF and this Project Area's non-housing fund (approval of this transfer was presented separately to the Commission on January 25, 2011). After this repayment of $3,491,100, the current outstanding loan balance of $9,486,355 to the City will decrease to $5,995,255 It is also recommended additional payment be made in this fiscal year if there are additional funds received by any of the Project Area by the end of the 2010-2011 fiscal year. FISCAL IMPACT As the Council and Board Members are aware, in his proposed budget the Governor is recommending the elimination of redevelopment agencies. It is believed the Legislature is working on some sort of urgency legislation, which may prevent the redevelopment agencies from taking actions to protect their assets. We do not know if any legislative changes would be implemented and if they are what they may be. However, staff believes, as do many agencies throughout the State and the California Redevelopment Association, taking appropriate actions immediately to protect the local community's assets against any adverse action the State may implement is important. Staff further believes the California voters have agreed such protections should be implemented through the passage of Propositions 1A and 22. The Commission will use monies received by the San Gabriel River and Sierra Vista Projects during fiscal year 2010-2011 to make the repayments referenced above. Therefore, there is no additional impact on these funds for the 2010-2011 fiscal-year. January 25, 2011 Page 3 of 3 It is recommended the City Council & Community Development Commission: 1. Repay a portion of the amounts owed as discussed above. 2. Authorize the Finance Director to set aside the amount of $3,787,684 in a separate fund restricted for future development or redevelopment of the community. CDC agenda item #4 See City Council Agenda item #7 and Housing Authority item #2 rk Wi4k ff'i a \ 0 • 00 PM BALDWIN - - Manuel Lozano - Chair Marlen Garcia - Vice Chair Monica Garcia - Member Ricardo Pacheco - Member Susan Rubio - Member PLEASE TURNOFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FA VOR DE APA CAR SUS TELEFONOS CEL ULARES 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 jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o a/guna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. �, r` ,,,. , �.... �. CALL TO ORDER FINANCE AUTHORITY REGULAR MEETING — 7:00 PM Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Vice-Chair Marlen Garcia and Chair 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 ma- be taken on a matte( ; ;� 1�_'4 vii -1 _14-11- __ �y t to ilot— wit C11V ",VU1)UU, �1 U111U00 UVILU/tl UMUI'Vulluy V1 s pec; I ci;, umst nces ex; t The lU-iS'atVe body or its staff may: 1) 13riefly respond to statements made or questions asked by persons; or 21) Direct staff to investigate andlor schedule matters for consideration at a future meeting. (Government Code §54954.21 ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL comisi6N No se podra tomar acci6n en algOn asunto a menos que sea incluido en la agenda, o a menos que exista alg6na emergencia c, 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 y1d fijar asuntos Para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. MINUTES Staff recommends Authority approve the minutes of the June 1, 2011 meeting (regular.) ADJOURNMENT CERTIFICATION 1, 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 9th day of June, 2011 Alejandra Avila City Clerk Finance Authority Agenda - June 15, 2011 6U1ft1RWM1=1@U1 AGENE MINUTES JUN 1 CITY OF BALDWIN PARK,. WEDNESDAY MAY 18, FINANCE AUTHORITY &EM Nfe 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Chair Marlen Garcia, Mayor Pro Tern Vice Chair Council Members / Members: Monica Garcia, Ricardo Pacheco, Susan Rubio Maria Contreras, City Treasurer Alejandra Avila, City Clerk The FINANCE AUTHORITY of the City of Baldwin Park met in REGULAR SESSION at the above time and place. im] Present: Member Monica Garcia, Member Pacheco, Member Rubio, Vice Chair Marlen Garcia, Chair Lozano. Absent: None. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Recreation & Community Services Director Carrillo, Community Development Manager Castagnola, Public Works Director Galvez, Chief Hadsell, Finance Director Quijano, City Clerk Avila, City Treasurer Contreras, Deputy City Clerk Nieto. L01• ki & i A 114 101 1-14: a 0 10 ZA Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Member Pacheco. 1. MINUTES Authority approved the minutes of the April 20, 2011 meeting (regular.) There being no further matters for discussion, the meeting was adjourned at 8:40 P.m. Approved as presented by the Authority at their meeting held June 15, 2011. Laura M. Nieto, CIVIC Deputy City Clerk UICIAZIMA RM Oi• err � -.- June 15, 2011 7:00 PH, REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 BALDWIN P - A - Manuel Lozano - Chair Marlen Garcia - Vice Chair Monica Garcia - Member Ricardo Pacheco - Member Susan Rubio - Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APACAR SUS TELEFONOS CELULARES Y BEEPERS DURANTELA 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 p0blico 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 est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o a1guna de sus Agencias, podr6 hacerlo durante e/ periodo de Comentarios del POblico (Public Communications) anunciado en la agenda. A cada persona se /e permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. mffffqflx • - HOUSING AUTHORITY REGULAR MEETING — 7:00 PM Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Vice -Chair Marlen Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar I HiS IS THE T iME SET ASIDE TO ADDRESS THE COIVlI USSiON No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The iegisiative body or its stai` may: 1) Briefly respond to statements Tirade 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 COMISI6N No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. MINUTES Staff recommends Authority approve the minutes of the May 18, 2011 meeting (regular.) 2. APPROVAL OF CONTINUING APPROPRIATION FOR FISCAL YEAR 2011- 12(see related item #7 on City Council Agenda and #4 on CDC Agenda) Staff recommends Authority waive further reading, read by title only and adopt Resolution No. HA 2011 -003 entitled, "A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2010 -11 BUDGET FOR FISCAL YEAR 2011 -12 PENDING FINAL APPROVAL OF THE 2011 -12 BUDGET." 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 9t" day of June, 2011. •- --an � "TT 'Jail • F'l AGENDA Manuel Lozano, Mayor/ Chair Marlen Garcia, Mayor Pro Tern / Vice Chair Council Members / Members: Monica Garcia, Ricardo Pacheco, Susan Rubio Maria Contreras, City Treasurer Alejandra Avila, City Clerk The HOUSING AUTHORITY of the City of Baldwin Park met in REGULAR SESSION at the above time and place. W-11VIFEM-T—RAW00 Present: Member Monica Garcia, Member Pacheco, Member Rubio, Vice Chair Marlen Garcia, Chair Lozano. Absent: None. Also Present: Chief Executive Officer Singhal, City Attorney Pannone, Recreation & Community Services Director Carrillo, Community Development Manager Castagnola, Public Works Director Galvez, Chief Hadsell, Finance Director Quijano, City Clerk Avila, City Treasurer Contreras, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Vice Chair Marlen Garcia. 1. MINUTES Authority approved the minutes of the April 20, 2011 meeting (regular). There being no further matters for discussion, the meeting was adjourned at 8:40 p.m. Approved as presented by the Authority at their meeting held Junel 5, 2011. Laura M. Nieto, CMC Deputy City Clerk Housing Authorl'ty agenda item #2 See City Council Agenda item #7 and CDC item #4