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HomeMy WebLinkAbout2008 04 16NOTICE AND CALL OF SPECIAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, APRIL 16, 2008 at 6:00 PM at City Hall — 3rd Floor Room 307, 14403 E. Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. Dated: April 10, 2008 NO OTHER BUSINESS WILL BE DISCUSSED EIMS I 97-ATJ 11 Its] 2241-11111! "original signed" Manuel Lozano Mayor 1, Laura M. Nieto, Deputy 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 April 10, 2008. k Laura M. Nieto Deputy City Clerk City Council Special Meeting Agenda — April 16, 2008 � s AGENDA FOR THE SPECIAL MEETING OF THE CITY COUNCIL APRIL 16, l • 11 PM CITY HALL —3rd Floor Room 307 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 Manuel Lozano Anthony J. Bejarano Marlen Garcia Monica Garcia Ricardo Pacheco - Mayor Mayor Pro Tern - Council Member - Council Member - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APA GAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. if you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed five (5) minutes speaking time. A Spanish- speaking interpreter is available for your convenience. City Council Special Meeting Agenda — April 16, 2008 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 este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna 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 cinco (5) minutos. Hay un interprete para su conveniencia. CITY COUNCIL SPECIAL MEETING — 6:00 PM CALL TO ORDER ROLL CALL: Councilmembers: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tern Anthony J. Bejarano and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) 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 St REQUIERE LOS SERVICIOS DEL INTERPRETE Awn tomar F q j "d °� /a agenda, o a menos que exista algana lVv se pv ^ura tvruar a4Clori en arguir as%iirco a rircnoS 'u'c sea in, rrr ru 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. jCodigo de Gobierno §54954.21 ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer; Richard Kreisler and other representatives as designated Employee Organizations: SEIU, Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Baldwin Park Police Officer's Association and General Management Employees RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT City Council Special Meeting Agenda — April 16, 2008 CERTIFICATION 1, Laura M. Nieto, Deputy 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. Dated April 10, 2008. w il ]� . % J� wt4& Laura M. Nieto Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2" d Floor Lobby Area (14403 E. Pacific Avenue) or at the Los Angeles County Public Library in the City of Baldwin Park (4181 Baldwin Park Boulevard). For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 108 or 626.960.4011, ext. 466 or via e- mail at rclutierrez(d),baldwinnark. com or InietoCa),baldwinp ark. com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE //) City Council Special Meeting Agenda — April 16, 2008 0 BALDWIN PARK CITY COUNCIL REGULAR MEETING APRIL 00; 00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 Manuel Lozano Anthony J. Bejarano Marlen Garcia Monica Garcia Ricardo Pacheco - Mayor - Mayor Pro Tern Councilmember - Councilmember - Councilmember 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 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 five (5) 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 est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna 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 cinco (5) minutos. Hay un int6rprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the City Council that is distributed to the City Council less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tern Anthony J. Bejarano, and Mayor Manuel Lozano ANNOUNCEMENTS PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Certificate presentation to Maria Montes, Honoree of Congresswoman Hilda Solis at the Women's Issues Forum • Certificate of Recognition to Brenda Valenzuela of Pleasant View Elementary for winning the district spelling bee PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) 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 1NTERPRETE 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 Gobiemo §54954.2] CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends City Council receive and file the report. 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF APRIL 16, 2008 - MAY 6, 2008 Staff recommends City Council approve the preparation and presentation of the plaques and certificates as outlined in the staff report. City Council Agenda — April 16, 2008 Page 2 3. MINUTES Staff recommends City Council approve the minutes of the February 26, 2008 meeting (special), the minutes of the April 2, 2008 meeting (special and regular), and the minutes of the April 3, 2008 meeting (special). 4. CITY TREASURER'S REPORT - FEBRUARY 2008 Staff recommends City Council receive and file. 5. AUTHORIZATION TO ACCEPT LETTERS OF INTEREST FROM NON - PROFIT AGENCIES FOR AFFORDABLE HOUSING PROJECTS Staff recommends City Council authorize staff to issue a notice to accept letters of interest from non - profit organizations for 1) Multi- family Rehabilitation Project - includes acquisition, maintenance and management of multi- family affordable housing projects and 2) Scatter Lot Projects - includes acquisition, rehabilitation and /or new development of single - family affordable housing projects on scatter lots. 6. APPROVAL TO PARTICIPATE IN THE 2008 SUMMER LUNCH PROGRAM Staff recommends City Council authorize staff to submit an application to the State of California, Department of Education to participate in the 2008 Summer Lunch Program and authorize the Director of Recreation and Community Services to execute all Summer Lunch Program documents, including the agreement with El Monte Union High School District. 7. APPROVAL OF AGREEMENT FOR CARNIVAL SERVICES - CHRISTIANSEN AMUSEMENTS Staff recommends City Council approve the agreement attached to the staff report and authorize the Mayor to execute the Agreement. 8. APPROVAL OF A FREEWAY MAINTENANCE AGREEMENT FOR THE HIGH OCCUPANCY VEHICLE LANE (HOV) EXPANSION PROJECT ALONG INTERSTATE 10 FREEWAY (1 -10) Staff recommends City Council approve the Freeway Maintenance Agreement and authorize the Mayor to execute the Agreement. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS CERTIFICATION I, Laura M. Nieto, Deputy 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 10th ay of April 2008. Laura M. Nieto Deputy City Clerk City Council Agenda — April 16, 2008 Page 3 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 (14403 E. Pacific Avenue) or at the Los Angeles County Public Library in the City of Baldwin Park (4181 Baldwin Park Boulevard.) For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 108 or 626.960 -4011, ext. 466 or via e -mail at rautierreza@baldwinpark.com or inieto@baldwinr)ark.com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) City Council Agenda -- April 16, 2008 Page 4 R14 C1 TY OF BALDWIN PARK RA r IrXI n• N TO: Honorable Mayor and City Council FROM: Rose Tam, Assistant Accounting Manager DATE: April 16, 2008 SUBJECT: Warrants and Demands PI1PPCIGF- APR, 16 2008 ITEM NO, I STAFF REPORT- The purpose of this report is for the City Council to allow the payment of Warrants and Demands against the City of Baldwin Park. BACKGROUND AND DISCUSSION: The the payroll of the City of Baldwin Park consisting of check numbers 178150 — 178249 inclusive, voids: 178150, 178152, 178156. Additionally, Automatic Clearing House (ACH) Payroll Deposits were made on behalf of City Employees from control numbers 012593 — 012831 for the period of March 09, 2008 through March 22, 2008 inclusive, have been presented and hereby ratified, in the amount of $401,079.67. General Warrants, including check numbers 168343 to 168581 inclusive, in the total amount of $900,845.12 constituting claims and demands against the City of Baldwin Park, are here with presented to the City Council as required by law, and the same hereby ratified. Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or designee does hereby certify to the accuracy of the demands hereinafter referred to and to the availability of funds for payment thereof. RECOMMENDATION: Receive and file. P8 L�1u|Jut1un Ammst — — --' --—`----`---`--`--`—'------` —`--------------`---`----- P0# S�at [�Jtr��0 I�m1m� I�� 0t Q^3S= &mms� ��n2.Y� �imncn� Amt X|uomnt ��6 %et �@0�t Q- C|utri�u��nn �7'5080 —'— — —'—'--'—'—'—'—'---' ---'— Cr�on �sont Wnr� 8r�er� ----------------'---------'—'—'---- �ot0 D��r\pt|0n —'--- `�SAP ��ummto Paya�la �J��o ��.3 N^APR 00 y 0S nawyn w, �� "r 11, em vy"qu Fay -in' HiMmy. W! 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Wdo Undor HIM,- pact, P;pf" Bank 504 OR We Wo Awnt Or- lot NANCY QAY70 7, 7 jt P zt 1+7 M't 'T' 711 54 VVVY not trn QL Dior U000% Dom knot 12VATWPAM W ", , ,lip Ammy hyss Point V13 Wmm""" WS5 Want RAW At Isamt uNd No Am= "? 7 A Wyk Orkri ANU DenrWo'n, MOCH 2HO CH RI Qrif' Rv SOMA A fRQR.V .. r .�} e. _.._ ... �1� � v - �... t i C { - _ �t t L �j L Blank pages purposely omitted: 4, 43, 58, 60, 62, 64 Non-issued "VOID" checks: 168343 168454 - 168465 168475 168546 168555 168574 Ul I Y UUUT AIL AUtNUA �, tl 1 u BALDWIN P , A , R, K TO: BALDWIN PARK Honorable Mayor & Members of the City Council FROM: Vijay Singhal, Chief Executive Officer DATE: April 16, 2008 SUBJECT: Proposed Recognitions by the Mayor and City Council for the period of April 16, 2008 — April 22, 2008 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 As of April 2, 2008 the following requests were received for the period of April 2, 2008 — ADril 15. 2008: Requested By List of Honorees Time /Date /Place of Presentation Date Needed Administration Proclamation proclaiming 7:00pm /May 2, 2008 Proclamation Councilmember May 4 — " "ay 10, 2008 as City Council Meeting n5 -n2 -n8 Marlen Garcia City Clerks Week in the City Council Meeting 04 -16 -08 City of Baldwin Park There following emergency requests for plaques and certificates were received for the period of April 2, 2008 — April 15, 2008: Time /Date /Place' of Date Needed Requested By List of Honorees Presentation Councilmember Cecelia Bernal BP 7:00pm /April 16, 2008 Certificate Marlen Garcia Resident City Council Meeting 04 -16 -08 2008 Women of Achievement for 57th Assembly District Councilmember Maria Montes BP Resident 7:00pm /April 16, 2008 Certificate Marlen Garcia 2008 Women's Issues City Council Meeting 04 -16 -08 Forum in honor of Women's History Month Councilmember Brenda Valenzuela 7:00pm /April 16, 2008 Certificate Monica Garcia Spelling B Winner City Council Meeting 04 -16 -08 Pleasant View Elementary Proposed Recognitions April 16, 2008 Page 2 RECOMMENDATION It is recommended that the City Council approve the preparation and presentation of the above plaques, proclamations, and certificates. Prepared By: Rosa Caballero, Administrative Clerk II CITY OF BALDWIN PARK CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION & HOUSING AUTHORITY MINUTES Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tem Marlen Garcia, Monica Garcia, Ricardo Pacheco Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION & HOUSING AUTHORITY of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER PUBLIC COMMUNICATIONS NONE REP0R 1 S OF OFFICERS il !! 1: _ *.. ■ Eel . Chief Executive Officer Singhal presented the report. Stated that trends are positive although there are some challenges on the horizon. Proactive efforts will make it possible for city to get through these tough times. CEO Singhal deferred the presentation to Consultant Bass. Revenue Highlights: Real Property Transfer Tax - down 48% Motor Vehicle License fees down 12% Moving Violation - Redflex down 26% Expenditures by category 73% Personnel (Polilce Department largest, Recreation second largest) Councilmember /Member Bejarano inquired if the percentages shown include the reductions that were made in the prior year. CEO Singhal responded yes. He further inquired if there were proactive steps that the city could take to reduce that cost. CEO Singhal responded that the use of technology is one option that would improve processes. He also stated that non -sworn personnel was reduced by 20 %. If the city had a plan to stem costs not just in the short term by reducing non -sworn but also as it relates to new hires. The work force could be less expensive. CEO Singhal commented that the city did things to add value because unlike Page 1 of 9 the private sector, the city could not increase revenues. Consultant Bass stated that GASBY retirement cost included the total component of what the city was presently paying. In response to an inquiry from Mayor /Chair Lozano staff responded that when an individual retired they will have lifetime medical benefits. In response to an inquiry from Councilmember /Member Marlen Garcia, staff indicated that the city is drawing down on all monies that can be drawn down upon. Potential options were: Evaluate and freeze non -sworn positions; Identify and implement recommendations to increase revenues; Prioritize and evaluate the operations and implement ways to eliminate redundancy, waste and non - essential functions. CEO Singhal stated that there would be changes but the outlook is hopeful. Many accomplishments have been made in the past years with the support of the Council. In response to an inquiry from Councilmember /Member Pacheco staff indicated that reorganization would be done so that work continues to be completed. Items with the least amount of impact may not be done. Mayor /Chair Lozano requested that a message be placed in the NOW regarding the budget so that residents could see how they may be effected by these economic situations. Councilmember /Member Pacheco stated that he did not want public safety being sacrificed. CEO Singhal stated that public safety is a priority and would not be cut. Any changes would have to be approved by the Council. Councilmember Pacheco wanted to ensure that more officers are hired. PURPOSE To discuss the Mid Year budget performance for the City for the Fiscal Year 2007/2008 BACKGROUND & DISCUSSION For FY 2007 -2008 the City adopted its budget at $43,047,000 with the General Fund budget at $23,274,100. The General Fund budget was balanced with revenues exceeding expenditures (after transfers) by $240,000. The budget provided funding for numerous programs including funding for 192 positions. The current year has witnessed several issues such as a slowdown of the economy, lower home prices and home sales, potential for foreclosures and lower consumer spending. As a result the State of California is expecting budget deficits of enormous proportions. Many cities Page 2 of 9 and counties are also expecting significant budget constraints due to economic slowdown and lower tax revenues. While our City is also impacted by these factors causing our revenues to be lower than budgeted, we are in a better position then many due to our proactive strategy over the past year. Additionally we have been monitoring our revenues and expenditures on a regular basis. Mid year gives us an opportunity to evaluate our actual revenue and expenditure trends compared to the budget and recommend changes if any. Due to the condition of the economy this Mid year review will also provide us an opportunity to look at the next year's budget, evaluate trends, and take necessary steps to change strategy if necessary in a timely manner. This report consists of following components: Mid Year Trends (a) General Fund and Departmental trends (b) Trends for other funds 2. Outlook for the next fiscal year including preliminary budget projections General Fund Mid Year Trends The Mid -year trends suggest that our revenues are likely to be lower than budget primarily due to lower tax revenues and lower revenues from traffic violations including redflex cameras. However, these revenue shortfalls will be offset by expenditure savings giving us an overall positive performance. it is anticipated that the General Fund and its supported funds will end another year (second year) in the black. The primary reason for lower expenditures is personnel cost savings due to vacancies. We have approximately 15 vacancies contributing to a potential salary and benefits savings for the year of $900,000. Based on Mid Year trends it is expected that overall General Fund performance will be positive as shown in the table below: See Staff Report General fund includes Traffic Safety Fund also As shown in the table the General Fund is expected to end the year with an overall saving of approximately $600,000, which is about $232,000 greater than the adopted budget. This amount is higher than the approved budget amount especially in view of the fact that the approved budget did not include the full impact of labor negotiations, which were concluded after the adoption of the budget. The savings are however one time savings because they are the result of vacancies. As these positions are filled the savings would not be there. General Fund Revenues: Page 3 of 9 For the fiscal year the total General Fund revenues are expected to be approximately 2.5% or $635,700 lower than budget. As shown in the following table, based on current trends at mid year several revenues are likely to be lower than budget. The primary reasons for revenues being lower than budget are; slower economy, lower consumer spending and impact of housing market. General Fund relies heavily on taxes and sources, which are not in city's control as shown in the following chart" See Staff Report Due to reliance on sources beyond our control our budgets have greater volatility. Following table shows the trends of major revenue sources: See Staff Report Note: Includes traffic safety fund revenue It is important to evaluate some revenue sources: • Sales Tax: Based on data from the State the midyear trends indicates that the Sales Tax revenue is up by only 2% compared to the prior year, however, the budget anticipated a growth of approxi mrately J Additionally we anticipate lower sales tax due to closure of Altman's RV and lower sales tax from home improvement stores. • Property Tax: Similarly property taxes were budgeted to grow at 5% even though they had been growing at 10% in prior years. As a result of the condition of the housing market, which is impacted by delinquencies the growth in property tax collections is not expected to be more than 2 %. • Motor Vehicle License Fees: (the non - property tax portion) are down by about 12% giving an overall shortfall of 2% compared to budget. • Real Property Transfer Tax: which is collected on sale of properties is significantly lower than budgeted due to lower home sales (almost 50946). • Construction permits are also significantly lower. • Police revenues from moving violations (which includes redflex) are also coming in lower than budget. The citations due to red light violations have been trending downward. These projections are based on midyear trends any further deterioration in the Page 4 of 9 economy could cause greater adverse impacts on our revenues. General Fund Expenditures: The revenue shortfall in the General Fund will be offset by lower than expected expenditures. Based on Midyear trends it is anticipated that General Fund expenditures will be lower than budget by approximately $953, 000. Following tables show General Fund projections both by expenditure category as well as by department: See Staff Report The primary reason for lower expenditures is salary savings due to vacant positions. The following table shows General Fund expenditures by department: See Staff Report All departments with the exception of Legal costs are significantly under budget. The reason for legal costs being higher is unanticipated litigation. Departmental Trends Information on revenues and expenditures for each department is attached as `Attachment- I ". With the exception of some revenues tied to housing and economy such as construction permits, planning fees, engineering fees and police fines departments are ok on revenues. With respect to expenditures, departments are within budget. 1(b) Trends for Other City Funds: Other city funds can be categorized into two categories: those supported /subsidized by the General Fund. While any shortfall in these funds must be paid for by the General Fund any savings are retained in these funds for future expenditures. These funds include funds such as Gas Tax, Prop A, Park Maintenance Assessment District and Street Lighting and Landscape Maintenance Fund. Based on midyear projections these funds are also within budget. Another set of funds represents restricted funds, where the funds 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 funds either. `Attachment -II' includes a summary of all city funds except CDC and their projections. No major adverse trends are noted in these restricted funds. 2. Outlook for the next fiscal year Page 5 of 9 While the current Fiscal Year looks good the next year poses some challenges. In order to have a good perspective of our fiscal future it is important to consider the past. The City has experienced good revenue growth over the past five years, which was attributable to good economic growth fueled by a housing boom and redevelopment projects such as Walmart, Smart and Final that increased both sales tax and property tax revenues. However, this revenue growth was not enough to keep pace with the growing expenditures. In order to maintain essential services and to stay competitive the city invested the revenue increases in providing services to the community. It must be noted that the City of Baldwin Park has a rather smaller tax base compared to many other cities. Our per capita revenues for the General Fund are significantly lower than many cities in the region. Further a significant portion of our General Fund is committed for essential services such as public safety. Our personnel costs also account for a very large portion of the total General Fund budget. This structure makes it very hard for the city to manage big downward swings in revenues without creating service impacts. In the past the city had to use reserves to maintain essential services in times of lower revenue growth. In 2005/2006 General Fund Revenues grew by less than 5% and the city had to take several proactive steps to balance expenditures with revenues. Measures implemented by the city included a restructuring plan, implementation of new revenues as well as measures to keep our spending low. City also had to reduce staffing and budgets for most departments. Compared to actual spending of 2005/2006 the 2007/2008 budget reduced staffing and budgets for many departments. Departments such as Administration, Community Development and Public Works saw staffing reductions of about 20% or more. Despite staffing reductions the budgets for essential services such as public safety programs were preserved or were higher. Staff was also able to identify and implement several creative ideas to improve efficiency of operations and maintain and improve service levels despite staffing and budget reductions. As a result of these measures we are in a better shape than many. Even though our fiscal performance has improved and is better than budget, there are numerous challenges on the horizon created by worsening economic environment. This economic downturn, which has impacted states, cities and private enterprises alike is likely to impact us as well. Following are some of the challenges that we will face in the next year: Page 6 of 9 Potential Impact of State's budget problems The State is anticipating a $14 billion budget deficit, Governor's proposed budget proposes 10% across the board cuts including cuts in essential services. The budget also includes a provision to delay payment of Gas Tax to Cities. Impact on Baldwin Park of this proposal would be delay in receipt of approximately $600,000. It is not known when this money will be repaid and if there will be any additional impacts. Proposition IA approved by California Voters prevents the State from taking money from cities to balance its budget as it has done in the past, however it allows the State to borrow money, which it is supposed to pay back within a certain period of time. It is possible that the State may do so and if so it is not known what the impacts would be. If this were to happen the city must have sufficient reserves to cover this payment. *Based on midyear estimates the 200712008 yearend unreserved /unrestricted fund balance (reserves) for General Fund and funds supported and subsidized by the General Fund including risk management fund is expected to be only $2,000,000 (including $1,000,000 for the lock box reserve). This is not a significant amount for a city our size. Even though this fund balance is available for spending (as it represents net assets after setting, money aside for all obligations) it should not be spent. The city uses the fund balance for its working capital needs to maintain operations during the months of July to January when it does not receive enough tax payments. This reserve is also supposed to protect the city in case of emergencies and allow time to react to fiscal emergencies such as loss of revenues to state of for other reasons. Any payment to the State is likely to cause some hardships and is not factored into midyear projections. *Revised 2.26.08 Desire and ability to maintain competitiveness in the market The City also has to deal with the challenge of staying competitive in the market for its recruitment and retention needs. Absent significant revenue growth or in times of declining revenues as is the situation currently our expenditure growth must not exceed the revenue growth. Therefore we must find innovative ways to provide service and reevaluate our business processes. Additionally use of technology and process simplification must be embraced. Furthermore importance of increasing revenues cannot be overemphasized. While these mean change these are essential in order to generate resources to stay competitive. During the past years most departments have been successful in increasing revenues and reducing costs. We plan to continue our quest to identify creative ways to reduce spending with out impacts and increase revenues to generate resources to hire and retain good staff and stay competitive. Impact of fiscal outlook on 2008/2009 budget Page 7 of 9 Given the current economic scenario we expect a growth of no more than 1- 2%. (could be lower if the economic outlook worsens). Based on these projections a preliminary look at 2008/2009 suggests that if we were to budget for all authorized positions, the city would need to either generate new revenues or reduce expenditures to balance the budget. The following table shows the potential impact of slower economy on city's budget. See Staff Report The above table shows that if all vacancies were to be kept vacant we would have a balanced budget. However, there still would not be any amounts for cost of living increases or to restore programs and positions. The city cannot keep all vacant positions vacant because some of the vacancies are in process of being filled and some such as sworn positions are important and need to be filled. Staff therefore needs to identify additional options to not only balance the budget but to generate resources to allow the city to stay competitive for its staffing needs. Additionally efforts to balance the budget must also balance the need to maintain services. Since significant staffing and budget reductions have already been made in many departments in the prior years accomplishing further reductions without generating impacts is a very challenging task. While this is a very tough challenge we are very hopeful that we will be able to generate innovative ideas, revamp business processes, identify y .mew revenue sources and implement technology supported programs to generate efficiencies and balance the budget while maintaining the quality and level of service. Staff is already working on exploring following options: ♦ Evaluate and freeze non -sworn vacancies ♦ Identify and implement recommendations to increase revenues ♦ Prioritize and evaluate the operations and implement ways to eliminate redundancy, waste and non essential functions We expect to bring a balanced budget for Council review in April 2008. FISCAL IMPACT No fiscal Impact at this time RECOMMENDATION Page 8 of 9 It is recommended that the City Council review the information and provide directions as deemed appropriate. ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS (GC §54957) Title: Chief Executive Officer Title: Recreation & Community Services Director Title: Public Works Director Title: Human Resources Manager 3. CONFERENCE WITH LABOR NEGOTIATORS (GC §54957.6) A) Agency Negotiator: Manuel Lozano, Mayor Unrepresented Employee: Vijay Singhal, Chief Executive Officer B) Agency Negotiator: Vijay Singhal, Chief Executive Officer Unrepresented Employees: Recreation & Community Services Director Public Works Director Human Resources Manager 4. PUBLIC EMPLOYEE APPOINTMENT (GC §54957) A) Interim Chief of Police B) Chief of Police RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION No reportable action taken. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:30 p.m. Approved as presented by the Council, Commission and Authority at their meetings held April 16, 2008. Laura M. Nieto Deputy City Clerk Page 9 of 9 CITY OF BALDWIN PARK CITY COUNCIL MINUTES WEDNESDAY, APRIL 02, 2008 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tem Marlen Garcia, Monica Garcia, Ricardo Pacheco, Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER 6:15 p.m. all members present PUBLIC COMMUNICATIONS Jose Flores, resident expressed displeasure with the building fees for home improvements as well as the fees for 'Waste Management and street trees. Mayor Lozano requested that staff meet with the individual to discuss the fees and the process. He also suggested that Mr. Flores speak with the Housing Department to find out if he qualified for the rehabilitation grant program. Mr. Flores was given the contact information for Deputy City Clerk Nieto for referral to Housing. Mayor Lozano requested that staff keep the Council informed on the status of the situation. ROLL CALL Present: Councilmember Marlen Garcia, Councilmember Monica Garcia, Councilmember Pacheco, Mayor Pro Tern Bejarano, Mayor Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Deputy City Clerk Nieto, Joseph Pannone, City Attorney. ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (GC §54956.9) Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 Number of Cases: One (1) Page 1 of 2 RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION City Attorney Pannone reported that no reportable action was taken. ADJOURNMENT 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 April 16, 2008. Laura M. Nieto Deputy City Clerk Page 2 of 2 CITY OF BALDWIN PARK CITY COUNCIL MINUTES WEDNESDAY, APRIL 02, 2008 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tern Marlen Garcia, Monica Garcia, Ricardo Pacheco, Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER INVOCATION Led by Pastor Jackson PLEDGE OF ALLEGIANCE ANNOUNCEMENTS Mayor Lozano closed on behalf of Chris Torres, long time resident of the City of Baldwin Park. Councilmember Pacheco closed on behalf of Sofa Martinez, mother of Chief Deputy City Clerk Rosemary Gutierrez ROLL CALL Present: Councilmember Marlen Garcia, Councilmember Monica Garcia, Councilmember Pacheco, Mayor Pro Tern Bejarano, Mayor Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Joseph Pannone, City Attorney, David Bass, Finance Consultant, Manuel Carrillo Jr., Director of Recreation & Community Services, Marc Castagnola, Community Development Manager, William Galvez, Director of Public Works, Michael Taylor, Acting Chief of Police, City Treasurer Contreras, City Clerk Rubio, Deputy City Clerk Nieto. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Certificate of Recognition to Maria Haro, 2007/08 Outstanding School Crossing Guard of the Year Page 1 of 5 Mayor Lozano, joined by the City Council, City Clerk & City Treasurer presented a certificate to Ms. Haro Mayor Lozano requested the Ms. Haro's name be printed in the next issue of the Baldwin Park NOW and further requested that her name be placed on the marquee at Morgan Park Councilmember Marlen Garcia requested that Ceclia Bernal & Maria Montes be recognized at the next City Council meeting for their recent acknowledgements by the Assemblymember & Congresswoman. There were no objections. Councilmember Monica Garcia requsted that the winner of the spelling bee from Pleasant View be recognized at the next City Council meeting. There were no objections. PUBLIC COMMUNICATIONS Fidel Vargas, resident spoke about thanked the Council for the implementation of the "Keep Baldwin Park Beautiful" program Shelly Nagery of Kaiser Permanante announced a Healthy Food Workshop at the Julia McNeill Senior Center. Andrea ac Janet, Social vvork Interns at Kaiser Permanence announced a free workshop at the Julia McNeill Senior Center regarding medical and alcohol use among the elderly. Christopher Caballero, resident announced that he would be attending the inauguration of the 44th President. Mayor Lozano encouraged businesses in the community to support Christopher's fundraising efforts. Councilmember Pacheco recognized Christopher for his outstanding achievements. Thomas Carey, spoke about education cuts in the state and other issues affecting the state. James Treasure, resident commented about a recent article about Robert Bisno regarding misappropriation of funds. Reiterated that he is not against redeveloment but the way that it is happening. Expressed that he would be starting a police commission. Public Communications closed at 7:28 p.m. CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Mayor Lozano, seconded by Councilmember Marlen Garcia. 1. WARRANTS AND DEMANDS Page 2 of 5 City Council received and filed. 2. CITY TREASURER'S REPORT - JANUARY 2008 City Council received and filed. 3. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD OF APRIL 2, 2008 - APRIL 15, 2008 4. MINUTES City Council approved the minutes of the March 19, 2008 meeting (regular). 5. AMENDMENT TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS' (SGVCOG) JOINT EXERCISE OF POWERS AGREEMENT (JPA) City Council waived further reading, read by title only and adopted Resolution No. 2008 -020 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING AMENDMENT ONE TO THE THIRD AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT OF THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS" and authorize the Mayor to execute Amendment One to the I f Ilr d /-%mel lded and Restated Joint Exercise of Power Agree i ent of the San Gabriel Valley Council of Governments. 6. LETTER IN SUPPORT OF SB 1420 (PADILLA /MIGDEN) MENU LABELING City Council approved a letter in support of SB 1420 to be sent to Senator Alex Padilla. 7. LETTER IN SUPPORT OF AB 1903 (HERNANDEZ) - LIABILITY PROTECTION FOR FLOOD CONTROL AND WATER CONSERVATION ACTIVITIES City Council approved a letter in support of AB 1903 to be sent to the Assembly Local Government Committee and to the office of Assemblymember Ed Hernandez. 8. ZONING CODE AND DESIGN GUIDELINES COMPREHENSIVE UPDATE CONTRACT AMENDMENT City Council 1) approved the amendment to the Consultant Services Agreement, including the assignment of the contract to Hogle- Ireland, Inc. to finalize the comprehensive update to the City's Zoning Code and Design Guidelines and 2) approved the appropriation of $130,200 from the General Plan Fee Revenue Account (145.00.4507) to Expenditure Account 145.45.5000 (Consultant Services) and 3) authorized the Mayor to execute Amendment No. 1 to Consultant Agreement. 9. CITY OF BALDWIN PARK'S COMPREHENSIVE ANNUAL FINANCIAL REPORT AND RELATED AUDIT REPORTS FOR THE FISCAL YEAR ENDING Page 3 of 5 JUNE 30, 2007 City Council received and filed the City of Baldwin Park's Comprehensive Annual Financial Report, Single Audit and Report of Independent Auditors on Compliance and on Internal Controls, all for fiscal year ended June 30, 2008. 10. APPROVAL OF THE "TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM MAINTENANCE AGREEMENT (TSSP)" WITH THE COUNTY OF LOS ANGELES City Council approved the Traffic Signal Synchronization Program Maintenance Agreement (TSSP) and authorized the Chief Executive Officer to execute it on behalf of the Mayor. 11. RESOLUTION ACCEPTING PROPOSITION 1 B FUNDS FROM THE STATE OF CALIFORNIA DEPARTMENT OF FINANCE TO BE USED ON ELIGIBLE TRANSPORTATION PROJECTS IN THE CITY OF BALDWIN PARK 12. AWARD OF A CONSULTANT SERVICES CONTRACT TO HIRSCH AND ASSOCIATES, INC. FOR THE DESIGN AND CONSTRUCTION SUPPORT OF THE MORGAN PARK IMPROVEMENTS IN THE AMOUNT OF $88,700 City Council 1) awarded a Consultant Services Agreement to Hirsch and Associates, Inc. in the amount of $88,700 an -a' authorize the Mayor to execute the Agreement; 2) created a Morgan Park Improvements Capital Project and appropriate $97,570 from State Grant Fund 139; and 3) authorized the City Engineer to execute any necessary change orders in an amount not to exceed ten percent (10 %) of the original contract amount. CITY COUNCIL/ CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Mayor Lozano for discussion on the following: Request for Council consensus to schedule an informal meeting with local hospitals, convalescent facilities and pharmacies to provide input on community participation in creating a "Prescription Drug Disposal /Collection Center." This meeting should also include Waste Management, pharmaceutical companies, Sanitation District, Valley County Water District, Upper San Gabriel Valley Water District, as well as State, Congressional and County representatives. Mayor Lozano discussed his request and mentioned another City with a similar collaboration. City of West Covina has a needle disposal center, administered by the Fire Department Request by Councilmember Pacheco on the following: Council discussion and direction to request that Southern California Edison install three street lights in the alley between Larry and Landis and also include the alley in the Street Master Plan for paving in the future Councilmember Pacheco commented about his recent attendance to the Neighborhood Watch meeting in the area of Larry Avenue and learned that Page 4 of 5 there was a need for lighting in the alley. Councilmember Marlen addressed the issues in the alley, kids congregate and misbehave. Believed that there should be extra patrolling by the Police Department, as well as the school police. The issue does not seem to be in the evening but in the afternoon. Suggested that if lighting is added, solar lights would utilized. Councilmember Monica Garcia requested that additional patrolling be done in the area of Olive Street because of speeders. ADJOURNMENT There being no other matters for discussion the meeting was adjourned in memory of Chris Torres and Sofia Martinez at 8:38 p.m. Approved as presented by the Council at their meeting held April 16, 2008. Laura M. Nieto Deputy City Clerk Page 5 of 5 CITY OF BALDWIN PARK CITY COUNCIL MINUTES THURSDAY, APRIL 03, 2008 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tern Marlen Garcia, Monica Garcia, Ricardo Pacheco, Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER 6:10 p.m. ROLL CALL Councilmembers Marlen Garcia & Pacheco arrived at 6:11 p.m. Present: Councilmember Monica Garcia, Councilmember Marlen Garcia, Councilmember Pacheco, Mayor Pro Tern Bejarano, Mayor Lozano. Absent: None. Also Present: Chief Executive Officer Singhal, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS James Treasure, resident addressed the Council about the appointment of a new Chief. He asked the Council to consider the appointment of Acting Chief Taylor. Greg Tuttle, business owner, addressed the Council about the appointment of a new Chief. He felt that the Council should appoint the most qualified person for the position and asked that they give each applicant a fair chance. Public Communications closed at 6:20 p.m. Councilmember Pacheco stated for the record that he had arrived on time for the meeting. ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL 1. PUBLIC EMPLOYEE APPOINTMENT (GC §54957) Title: Chief of Police Page 1 of 2 RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION Chief Executive Officer Singhal reported that City Council had authorized him to begin the background checks on two candidates. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 10:00 p. M. Approved as presented by the Council at their meeting held April 16, 2008. Laura M. Nieto Deputy City Clerk Page 2 of 2 INVESTMENT DESCRIPTION State of California Local Agency Investment Fund City Community Develop. Comm. Housing Authority CITY OF BALDWIN PARK TREASURER'S REPORT February 29, 2008 INTEREST PURCHASE MATURITY PAR CURRENT RATE DATE DATE VALUE PRINCIPAL 4.16% Varies Varies 4.16% Varies Varies 4.16% Varies Varies Fiscal Agent Funds - City Varies Varies Varies Fiscal Agent Funds - CDC Varies Varies Varies CITY COUNCIL r ! APR 16 200;; BOOK MARKET 12, 269, 2 67.99 12, 269, 2 67.99 12,269,267.99 12,269,267.99 8,723,428.42 8,723,428.42 8,723,428.42 8,723,428.42 3,043,871.64 3,043,871.64 3,043,871.64 3,043,871.64 24,036,568.05 24,036,568.05 24,036,568.05 24,036,568.05 2,853,457.92 2,853,457.92 2,853,457.92 2,853,457.92 4,116,599.10 4,116,599.10 4,116,599.10 4,116,599.10 $ 31,006,625.07 $ 31,006,625.07 $ 31,006,625.07 Total Investments $ 31,006;625.07 Cash City General Checking 450,150.00 City Miscellaneous Cash 713,627.60 Comm. Develop. Comm. 0.00 Housing Authority 640,349.78 Financing Authority 0.00 Total Cash 1,804,127.38 Total Cash and Investments $ 32,810,752.45 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity /purchase transaction made for the month of December and several depositstwithdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Ro roellos- °' Actin g,%(. "Accountant IR114 BALMN P , A , R , K ��jr ds-'r2 y "s WAYSI Z INAN j' TO: Honorable Mayor and City Council Members FROM: Marc Castagnola, Community Development Manager-1.4--- DATE: April 16, 2008 SUBJECT: Authorization to Accept Letters of Interest from Non - Profit Agencies for Affordable Housing Projects PURPOSE To request that the City Council authorize staff to issue a notice to accept letters of interest from non - profit organizations for: 1) Multi - family Rehabilitation Project - includes acquisition, maintenance and management of multi - family affordable housing projects; and 2) Scatter Lot Projects — includes acquisition, rehabilitation and /or new development of single - family affordable housing projects on scatter lots BACKGROUND /DISCUSSION The City of Baldwin Park receive-- HOME investment Partnership (HOME) funds from HUD for the purpose of creating or maintaining affordable housing. Affordable housing projects include, but are not limited to, First Time Homebuyer Programs, Rehabilitation projects for single family and multi - family units, and rental assistance programs. In an effort to identify specific needs of the City and determine the best options for affordable housing projects, on August 15, 2007, the City Council approved an agreement with TELACU Development for the preparation of an affordable housing feasibility study to identify potential sites and housing projects that could be completed on such sites. It is estimated that the City will have about $1,000,000 in HOME funds, including carry funds and FY 2008 -2009 entitlement funds, to be utilized for these projects. Preliminary results of the housing feasibility study indicate a serious need for multi- family rehabilitation. The study identified several sites for possible projects. With the participation of the Housing Commission 10 potential sites were prioritized as possible multi - family acquisition, rehabilitation and management projects. Also identified in the preliminary housing study is the opportunity for a Scatter Lot project. The Scatter Lot project consists of the acquisition of single - family units for the purpose of rehabilitation or new development. Four sites currently for sale were identified as potential Scatter Lot projects. TELACU is in the process of completing the housing study, which includes providing conceptual development plans and conceptual financial analysis. Also, because some of the multi - family properties are currently not on the market, TELACU is making contact with the property owners to verify interest or willingness to sell. Staff recommends that the City consider entering into a partnership with a non - profit developer that specializes in multi - family or scatter lot projects. Some of the benefits to partnership with a non - profit are: 1) Non - profits have access to additional funding for affordable housing projects. 2) Non - profits have the ability to purchase, rehabilitate, maintain and manage a property for the entire affordability term 3) Non - profits commonly maintain the property at a standard above privately owned units. 4) Non - profits are able to provide specialized on -site services to the tenants such as childcare, homework and computer rooms. 5) Non- profits are required to meet federal requirements and maintain records and reports during the affordability term. The City Council is requested to authorize staff to issue a notice to accept letters of interest from non- profits. In order to satisfy HUD's requirement for its HOME funds, it is preferable that the City enter into an agreement with a non - profit that could also be designated as a Community Development Housing Organization (CHDO) for these projects. It is also optional to enter into agreements with multiple organizations for multiple projects. Following review and the evaluation of the letters of interest received, staff will select the non - profit organization(s). Below is the anticipated timeline: • Publish Notice to Accept Letters of Interest April 21, 2008 • Deadline to Submit Letters of Interest May 9, 2008 • Selection of Non - Profit(s) and Approval of Contract(s) June 4, 2008 This proposed timeline would allow the non - profit organization(s) to be identified by the completion of the housing study and allow the City to meet HUD's commitment and expenditure requirements for its HOME entitlement, program income and CHDO funds for FY 2007 -2008. FISCAL IMPACT There is no fiscal impact to the general fund budget. RECOMMENDATION Staff recommends that the City Council authorize staff to issue a notice to accept letters of interest from non - profit organizations for: 1 } Multi- family Rehabilitation Project - includes acquisition, maintenance and management of multi - family affordable housing projects; and 2) Scatter Lot Projects — includes acquisition, rehabilitation and /or new development of single - family affordable housing projects on scatter lots. CITY OF BALDWIN PARK BALDWIN P A, R, K CITY COUNCIL ST, TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation and Community Servic DATE: April 16, 2008 SUBJECT: Approval to Participate in the 2008 Summer Lunch Program :x• This report requests City Council approval to submit an application to the State of California, Department of Education to participate in the 2008 Summer Lunch Program. BACKGROUND The Summer Lunch Program provides over 50,449 lunches and 4,401 snacks to children of the community with nutritious meals each weekday throughout the summer. Lunch meals requires four (4) of the following components: one (1) serving of milk, one (1) serving of grains /bread, one (1) serving of meat or meal alternate, two (2) or more servings of vegetables and or fruits. Snack only requires two (2) of the following four (4) components: one (1) milk, one (1) fruit/vegetable, one (1) grain or (1) meat /meat alternative.: The lunch meals are served at nine (9) elementary schools and four (4) parks for a total of thirteen (13) locations throughout the City and one (1) snack location. The program is funded through the State of California, Department of Education through a grant from the United States Department of Agriculture. Sites: Santa Fe School Pleasant View Elementary School Bursch Elementary School Vineland Elementary School Tracy Elementary School Barnes Park Walnut Creek Nature Park DISCUSSION Geddes Elementary School Walnut Elementary School Kenmore Elementary School Foster Elementary School Morgan Park Hilda L. Solis Park Staff has prepared an application with a program budget to participate in the 2008 Summer Lunch Program. As in previous years, the City would serve lunch and snacks at various sites as indicated in the application throughout the summer. The program will commence on June 23, 2008 and will continue through August 22, 2008. Meals would be provided free of charge at various times and locations throughout the City to allow all children to participate. Schedules are adjusted at sites offering summer school to accommodate children attending school. Page Two Approval to Participate in the 2008 Summer Lunch Program Under the program guidelines, the City can contract with a local school district to provide meals without going through a formal bid process. The City has contracted with the El Monte Union High School District the past fifteen (15) years to prepare and deliver meals consistent with all program guidelines. Staff has met with representatives from the El Monte Union High School District and they have agreed to prepare and deliver program meals to each site on a fifteen (15) day cycle menu. The cost per lunch is $2.70 and $.85 per snack. FISCAL IMPACT The Administrative and operational cost for the Summer Lunch Program is $220,000. The General Fund has a match of $25,000, which is included in the budget. The cost of this program is reimbursed by the State of California Department of Education with the exception of the City's match. RECOMMENDATION Staff recommends that the City Council: 1. Authorize staff to submit an application to the State of California. Department of Education to participate in the 2008 Summer Lunch Program; and 2. Authorize the Director of Recreation and Community Services to execute all Summer. Lunch Program documents, including the agreement with El Monte Union High School District. Attachment: El Monte Union High School District Agreement AGREEMENT TO FURNISH FOOD SERVICE FOR THE SUMMER FOOD SERVICE PROGRAM THIS AGREEMENT is entered into April 16, 2008 by the City of Baldwin Park, Department of Recreation and Community Services, herein after referred to as the agency, and El Monte Union High School District, herein after referred to as the vendor. WHEREAS, it is within the capability of the agency to prepare specified meals under the Summer Food Service Program (SFSP); and WHEREAS, the facilities and capabilities of the vendor are adequate to prepare and deliver specified meals to the agency's facility (ies); and WHEREAS, the vendor is willing to provide such services to the agency on a reimbursement basis; THEREFORE, both parties hereto agree as follows: The vendor agrees to: Prepare unitized meals for delivery inclusive of milk and /or juice each day, in accordance with the number of meals requested at the cost(s) per meal listed below: Breakfast .............$ N/A each Lunch.. ................ $ 2.70 each Snacks .................$ .85 each Supper ................. $ N/A each Preparation site South El Monte High School at 1001 .Durtee Avenue., South El Monte, CA 91733. Lunch delivery as per printed scheduled Monday through Friday. 2. Provide the agency, for approval, a proposed cycle menu to the operational period, at least 30 days prior to the beginning of the period to which the menu applies. Any changes to the menu made after agency approval must be agreed upon by the agency, approved by the California Department of Education and documented on the menu records. 3. Ensure that each meal provided to the agency under agreement meets the minimum requirements as to the nutritional content as specified by the SFSP Meal Pattern, Scheduled B (attached) which is excerpted from the regulations 7 CFR Part 225.16 or an approved National School Lunch (NSLP) /School Breakfast Program (SBP) option. NSLP /SBP vendors may use the same menu planning option they use during the school year in lieu of using the SFSP meal pattern. Snacks will meet the SFSP meal pattern. 4. Maintaining full and accurate records, which document: (1) the menus provided to the agency during the term of this agreement, (2) a listing of all components of each meal, and (3) an itemization of the quantities of each component used to prepare said meal. The vendor agrees to provide meal preparation documentation by using yield factors for each food item as listed in the United States Department of Agriculture (USDA) Food Buying Guide when calculating and recording the quantity of food prepared for each meal. 5. Maintain such cost records as invoices, receipts and /or other documentation that exhibit the purchase, or otherwise availability to the vendor, of the meal components and quantities itemized in the meal preparation records. 6. Maintain, on a daily basis, an accurate count of the number of meals, by meal type, prepared for and delivered for and delivered to /picked up by the agency. Meal count documentation must include the number of meals requested by the agency. 7. Allow the agency to increase or decrease the number o meal orders, as needed, when the request is made within 4 hours of the scheduled delivery time. 8. Present to the agency an invoice accompanied by reports no later than the 5"' day of each month, which itemizes the previous month's delivery. The vendor agrees to forfeit payment for meals which are not ready within one (1) hour of the agreed upon delivery time, are spoiled or unwholesome at the time of delivery, or do not meet the meal requirements contained in this agreement. In cases of nonperformance or noncompliance on the part of the vendor, the vendor shall pay the agency for any excess costs the agency incurs by obtaining meals from another source. 9. Provide the agency with a copy of current health certification for the food service facility in which it prepares meals for the SFSP. The vendor shall ensure that all health and sanitation requirements of the California Uniform Retail Food Facilities Law, Chapter 4 of the California Health and Safety Code, are met at all time. 10. Operate in accordance with current SFSP regulations. Comply with all USDA regulations regarding food service vendors including those specified for commercial food service if applicable. 11. Retain all required records for a period of three (3) years after the end of the fiscal year to which they pertain (or longer, if an audit is in progress). Upon request make all accounts and records pertaining to the agreement available to the certified public accountant hired by the agency, representatives of the California Department of Education, USDA, and the Office of Inspector General (OIG) for audits or administrative reviews at a reasonable time and place. 12. Not subcontract for the total meal, with or without milk, or for the assembly of the meal. 13. Be paid by the agency for all meals delivered /picked up in accordance with the agreement. Neither the California Department of Education nor USDA will assume any liability for payment of differences between the numbers of meals prepared for delivery and /or pick up by the vendor and the number of meals served by the agency that are eligible for reimbursement. 14. Accept commodities from the agency. These commodities will be used in the preparation of meals provided for the SFSP. The vendor will reduce the price of the meals by the fair market value of the commodities used in the meals. Price reductions will be itemized on the invoice. All commodities until used are the property of the agency. The Agency agrees to: Request by telephone no later than 24 hours, an accurate number of meals to be delivered /picked up by the agency each day. Notify the vendor of necessary increases in the number of meal orders within 24 hours of the scheduled delivery/pick up time. Errors in meal order counts made by the agency shall be the responsibility of the agency. Ensure that an agency representative is available at each delivery/pick up site, at the specified time on each specified delivery /pick up day to receive, inspect and sign for the requested number of meals. This individual will verify the temperature, quality and quantity of each meal service delivery /pick up. The agency assures the vendor that this individual will be trained and knowledgeable in the record keeping and meal requirements of the SFSP, and with local health and safety codes. 3. Provide personnel to serve meals, clean the serving and eating areas, and assemble transport carts and auxiliary items for pick up no later than 30 minutes after the end of serving time at each site. 4. Notify the vendor within 5 days of receipt of the next month's proposed cycle menu, of any changes, additions or deletions. 5. Provide the vendor with a copy of 7CFR Part 225.16; the SFSP Meals Pattern, Schedule B; the USDA Food Buying Guide; and all other technical assistance materials pertaining to the food service requirements of the SFSP. The agency will, within 24 hours of receipt from the SFSP Unit, advise the vendor of any change in the food service requirements. Pay the vendor by the 15th day of each month the full amount as presented on the itemized invoice. Notify the vendor within 48 hours of receipt of any discrepancy in the invoice. Pay the vendor for all meals delivered /picked up in accordance with the agreement. Neither the California Department of Education nor USDA will assume any liability for payment of the difference between the number of meals prepared, picked up by the agency or delivered by the vendor and the numbers of meals served by the agency that are eligible for reimbursement. 7. Order only those commodities that can be incorporated into its meals, The agency shall be responsible for transferring unused commodities at the close of the SFSP. The agency is responsible for the fair market value of any commodity losses that may occur. Terms of the Agreement. This agreement will take effect commencing Monday, June 23, 2008 and shall end Friday, August 22, 2008. It may be terminated by notification given by either path will party with at least 30 days notice prior to the date of termination. The agency shall have the options to cancel this contract if the federal government withdraws funds to support the SFSP. It is further understood that, in the event of cancellation of the contract, the agency shall be responsible for meals that have already been assembled, delivered /picked up in accordance with this agreement. Menu planning option(s) being used: Nutrient Analysis In witness whereof, the �arti hereto have executed this agreement as of th VENDOR OFFICIAL SI NATURE AG N Y OFFICI Suzy Sayre VENDOR OFFICIAL NAME (PLEASE TYPE) Director of Food Services TITLE (626) 258 -5771 TELEPHONE DATE Manuel Carrillo, J TURE below: AGENCY OFFICIAL NAME (PLEASE TYPE) Director of Recreation and Community Services TITLE (626) 813 -5245, Ext. 314 TELEPHONE DATE TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Servi es DATE: April 16, 2008 SUBJECT: Approval of Agreement for Carnival Services — Christiansen Amusements IZ11N;ke> **j This report requests City Council approval of an Agreement with Christiansen Amusements to provide carnival services during the summer from Thursday, July 17 through Sunday, July 20, 2008. Last year, the Department brought the carnival to Morgan Park during the month of July to complement several recreational activities held during the month as well as National Parks and Recreation Month. In the past, the City of Baldwin Park has offered a carnival as part of the "Celebrate Baldwin Pars:" Anniversary Celebratioe with proceeds from the carnival to help underwrite the cost of the parade and other activities associated with the celebration. By adding a second carnival last year, the Department generated an additional $11,500 in revenue. Over the last eighteen (18) years, the Department has contracted these services through Christiansen Amusements. Staff is satisfied with their current carnival operations and has an excellent working relationship. In addition, staff is pleased with the revenue generated through the current contract and it is reflected in the compensation portion of the agreement. Each year, the carnival generates approximately $11,500 in revenue. DISCUSSION Since July is National Parks & Recreation Month, staff wanted to continue to celebrate the profession while creating a fun family - orientated atmosphere. Due to rising gas costs and the current economic condition, many families will not have the financial means to travel very far this summer for day trips or long vacations, thus limiting their recreational outings. With this in mind, staff would like to bring back the carnival again this year during the month of July for four (4) days to generate additional revenue for the general fund. By bringing the carnival back to Morgan Park it will fill the need for another recreational outlet and complement already existing summer programs such as Summer Concerts in the Park, Summer Lunch Program and Summer Day Camp, all of which are successful and well received by the community every year. April 16, 2008 Page two Approval of Agreement for Carnival Services - Christiansen Amusements Under the proposed Agreement, Christiansen Amusements would agree to provide the City with 30% of the total gross receipts up to $40,000 and 35% thereafter derived from the operation of the carnival ride activity. Christiansen Amusements agrees to provide an insurance policy naming the City as additionally insured in the amount of $3 million dollars. In addition, Christiansen Amusements will also pay for all security for the event including additional police coverage. FISCAL IMPACT It is anticipated that the City will generate approximately $11,500, which will be used as an additional source of revenue for the general fund account. RECOMMENDATION Staff recommends that the City Council approve the attached agreement and authorize the Mayor to execute the necessary documents. Attachment: Agreement AGREEMENT THIS AGREEMENT, is made and entered into this 16th day of April, 2008 by and between the City of Baldwin Park, a general law city (hereafter "CITY ") and Christiansen Amusements, (hereafter "LICENSEE "). The parties hereto do agree as follows: 1. This agreement is made and entered into with respect to the following facts: (a) That CITY is desirous of conducting a festival on Thursday, July 17, 2008 through Sunday, July 20, 2008 inclusive; and (b) That CITY is desirous of featuring a carnival as entertainment for the festival; and (c) The CITY has determined that LICENSEE is qualified person to provide such services; and (d) That LICENSEE has agreed to provide such services pursuant to the terms and conditions set forth in this Agreement; and (e) That the legislative body of the CITY has determined that the public interest, convenience and necessity require the execution of this Agreement. 7 (`DPII \/41 The (�nrnivnl hall be conducte^' rnmmanring on Thllrcrlay Illly 17 ' 00 8 at L. CAR, YI vAL. 1 IC \l QIIIIYGII1 JI lA VVIIIIIIVIIVIII V11 I II1.11 •.V , NI,AI I f , LVV 5:00 p.m. through 10 :00 p.m.; continuing Friday, July 18, 2008 from 5:00 p.m. through 11:00 p.m. and Saturday, July 19, 2008 from Noon through 11:00 p.m.; and concluding on Sunday, July 20, 2008 from Noon through 10:00 p.m. 8. SITE. (a) CITY shall be responsible for providing the site for the conduct of the Carnival, which shall be on that certain real property described as follows: Morgan Park and the City parking area on Ramona Boulevard; plus the City property at the northeast corner of Main Avenue and Sterling Way which is used for limited LICENSEE vehicle parking. CITY is also responsible for restroom facilities, including portapotties on site, and rubbish dumpster and removal as necessary for the operations of the carnival and festival. (b) LICENSEE shall be responsible for securing and insuring any additional property as necessary for staging and parking of LICENSEE vehicles. 4. The LICENSEE shall be responsible for obtaining all permits and licenses required for the conduct of the Carnival in a timely fashion. Copies of such permits and licenses shall be delivered to the CITY within 24 hours of their approval. 5. CARNIVAL. LICENSEE shall provide at its sole expense: (a) all costs of transportation, lodging and other necessary facilities, food and compensation for all crews necessary to facilitate the conduct of the carnival_ Such crews shall include sufficient management staff during the carnival hours to be reasonably available to CITY; and (b) all carnival equipment and accessories thereto, including an independent electrical power supply from LICENSEE'S generators; and (c) power to all community booths as per section 6 and 7 during all hours of booth operation and sufficient to allow for such booths to connect to the power with normal appliances or extension cords; and (d) a minimum of five major rides and five kiddie rides; and (e) advertising for the carnival and festival, including, but not limited to, sending out 100 personalized event posters describing the event and special promotion activities through area businesses; and (f) provide all ticket sellers necessary for the carnival; and (g) waive entrance fees for all children under the age of 12 when accompanied by a paying adult (18 years and older); and (h) LICENSEE will provide 700 unlimited ride passes to be used either Thursday July 17, 2008 or Sunday July 20, 2008 during designated hours as indicated by LICENSEE. In exchange for this increased product value offered by LICENSEE, the CITY will waive all permit and licenses fees normally charged LICENSEE, except for the $125 fee for the Temporary Use Permit. It is intended that LICENSEE shall provide a full- service Carnival as a part of the festival, which shall consist of the entertainment as described herein. 6. FOOD AND BEVERAGE SALES. LICENSEE shall be limited to one "candy wagon ", located on the carnival midway to sell food and beverages to patrons of the festival. All other food and beverage sales will be provided and operated by local Non- profit and community organizations as designated by the CITY and mutually agreed to by LICENSEE so long as product is non - duplicated with LICENSEE and meets Health Department requirements. LICENSEE shall also provide two food booth spaces no bigger than 10' -12' square for community groups within the carnival site area at no cost to the group with LICENSEE providing electrical power only, no cords or cables. 7. GAMES. LICENSEE shall provide games along the midway, which shall be subject to such regulations as determined by, and in accordance with, the recommendations of the CITY'S Police Chief or his designee. LICENSEE shall also provide two game booth set -ups for community groups within the carnival site area at the current market rate paid for by LICENSEE. 8. SECURITY. Security for the festival shall be provided by LICENSEE as determined by, and in accordance with, the recommendations of the CITY'S Police Chief. LICENSEE does hereby agree to save the CITY, the CITY'S Redevelopment Agency, and their respective officers, agents and employees, free and harmless from any claim, demand, action, or judgement arising out of any security provided by CITY. 9. PREPARATION AND CLEANUP. LICENSEE shall have a cleanup crew that will clean the midway each night, and at the close of the event. LICENSEE shall be responsible for any and all damage to grounds, pavement or facilities caused by LICENSEE, his employees, officers, agents or sub - Licensees. 10. Sub - Licensees. LICENSEE shall have the right to license a sub- Licensee, a qualified person, or entity, approved in advance by the CITY, for the purpose of providing the festival with the carnival activities required hereunder. 11. LIABILITY INSURANCE. LICENSEE shall provide directly, and /or through its Sub - Licensees, liability insurance covering all of the activities to be conducted at the Festival, save and except those activities provided by the CITY other than security. The LICENSEE shall provide such liability insurance coverage as approved by the Chief Executive Officer of the CITY and in amounts and in coverage of at least $3,000,000 general liability combined single limit per occurrences for bodily injury, personal injury and property damage and $3,000,000 Employers Liability per accident. All such policies shall contain endorsements, which name the CITY, the CITY'S Redevelopment Agency and their respective authorized and affected officers, employees and agents as additional insured on such policies. LICENSEE shall file with the CITY an Endorsement and a Certificate of insurance evidencing the existence of all required insurance coverage prior to July 10, 2008. Such endorsements and certificates shall provide that neither substantial alteration of the coverage or cancellation of the coverage shall be valid except upon 96 hours prior written notice to CITY by the carrier or carriers. 12. INDEMNIFICATION. To the fullest extent permitted by the law, LICENSEE agrees to indemnify, defend and hold the CITY, the CITY'S Redevelopment Agency, and their respective officers, agents and employees, free and harmless from all liability: (a) on account of any and all claims under Workers Compensation Acts and other employee or his /her subcontractors' or sublicensees employees arising out of LICENSEE'S activities pursuant to this Agreement; and, (b) on account of any and all claims for damages because of personal injury or death, damage to property, or other obligation(s) directly or indirectly arising out of or attributable to, in whole or part, the performance by LICENSEE or its sublicensees, subcontractors, employees, or agents in the performance of the obligations stated in this Agreement, including, without limitation, attorneys' fees and court costs incurred by CITY, CITY's Redevelopment Agency, or any of their respective officers, agents or employees, as well as payment of any final judgment rendered against CITY, CITY's Redevelopment Agency or any of their respective officers, agents, or employees resulting from any action for which indemnification is required by this Agreement. 13. INDEPENDENT AGENTS. The parties hereto agree that LICENSEE, its agents, employees, consultants, sublicensees, and subcontractors shall act in an independent capacity in the performance of this Agreement, and not as officers, employees or agents of the CITY. 14. OTHER INSURANCE COVERAGE. LICENSEE shall maintain in effect all other types of insurance required by law, including specifically, but not limited to, Worker's Compensation coverage. 15. OBLIGATIONS OF LICENSEE. LICENSEE shall require all sublicenses or subcontractors to comply with all terms and obligations of this Agreement, and specifically shall require all sublicensee and subcontractors to maintain all insurance coverage required pursuant to this Agreement, and to provide the same indemnification to the CITY, the CITY'S Redevelopment Agency and their respective officers, agents and employees, as is required of LICENSEE. 16. TERMINATION. CITY reserves the right to terminate this agreement upon 30 days written notice to LICENSEE. 17. COMPENSATION. CITY shall be entitled to an amount equal to 30% of the total gross receipts up to $40,000 and 35% thereafter derived from the operation of the carnival ride activity. Gross receipts are to be determined based upon cash sales on the grounds and do not include the advance ride book tickets, if used. Payment is to be delivered to the CITY within 5 working days of the conclusion of the Carnival. Additional compensation is to be negotiated in the event CITY provides ticket sales personnel. 18. NOTICES. Notices pursuant to this Agreement shall be in writing and shall be personally served or given by mail. Any notice by mail shall be deemed to have been given when deposited in the United States mail, postage prepaid addressed to the party to be served as follows: To CITY: Manny Carrillo Director of Recreation & Community Services City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 To LICENSEE: Stacy Brown President Christiansen Amusements 1725 S. Escondido Blvd., Ste. E (mailing: P. o. Box 997) Escondido, CA 92029 (Escondido, CA 92033) 19. ATTORNEY'S FEES. In the event that either party hereto fails to comply with any of the terms of this agreement, and the other party commences legal proceedings to enforce any of the terms of this agreement or terminate this agreement, the prevailing party in any such suit shall receive, from the other, a reasonable sum including attorney's fee and costs as may be established by the court. 20. EXTENT OF AGREEMENT. This document represents the entire integrated agreement between CITY and LICENSEE and supersedes all prior negotiations, representations or agreements, either written or oral. This agreement may be amended only by written instrument signed by both CITY and LICENSEE. IN WITNESS WHEREOF the parties have caused this Agreement to be executed as follows: DATED: CITY by: Mayor ATTEST City Clerk LICENSEE By: 014 L/ V, r� r President APPROVED AS TO FORM: City Attorney F BALDWIN P , A • R, K fim FROM: DATE: CITY OF BALDWIN PARK APR 16 2008 ITEM NO. AGENDA STAFF REPORT Honorable Mayor and Members of the City Council Edwin "William" Galvez, Director of Public Works April 16, 2008 SUBJECT: APPROVAL OF A "FREEWAY MAINTENANCE AGREEMENT" FOR THE HIGH OCCUPANCY VEHICLE LANE (HOV) EXPANSION PROJECT ALONG THE INTERSTATE 10 FREEWAY (1 -10) PURPOSE The purpose of this report is to provide information on a Freeway Maintenance Agreement betvVeen Caltrans and the City of Baidvvin Park tha# is herein presented for City Council review and consideration. BACKGROUND The Freeway Maintenance Agreement (FMA) covers maintenance of the frontage roads along the 1 -10 Freeway from the 1 -605 Freeway to Puente Avenue. Although the Agreement may be entered into upon City Council authorization, the City's responsibilities identified in the Agreement would not commence until after completion of the High Occupancy Vehicle lane (HOV) project improvements in 2011. The attached Agreement is a contract between the State of California Department of Transportation (Caltrans District 7) and the local agency (City of Baldwin Park) accepting the maintenance of the improvements on the freeway frontage roads of Garvey Avenue and Dalewood Street. The FMA contains the entire legal and contract- related language specific to the areas of responsibility to be maintained by the State and the City. Specific technical information regarding the areas of responsibility is outlined in the exhibits and is part of the agreement. DISCUSSION This agreement outlines the responsibilities of both the State and City to adequately maintain in summary the following: • Vehicular and Pedestrian Overcrossings • Vehicular and Pedestrian Undercrossings • Soundwalls • Landscaping adjacent to crossing structures Resolution Authorizing Freeway Maintenance Agreement Page 2 April 16, 2008 The above mentioned surfaces are to be maintained by each agency in their prospective rights -of -ways or such surfaces which are accessible from their rights -of- ways. The City will be responsible to maintain currently maintained items such as graffiti abatement on walls and bridge overcrossings, frontage road landscaping and irrigation, and any other surface maintenance accessible to the City, including guardrails and/or fencing that is City accessible. On the other hand, the State will maintain anything in the City's right of way, but which is accessible from within the Caltrans highway. The current maintenance responsibilities by the City's street maintenance crews includes the freeway frontages along the freeway. The City performs maintenance for fencing, landscaping, irrigation work on both the north and south sides of the Caltrans frontage. On the Pedestrian Overcrossing (POC) our crews remove graffiti on the deck and maintain walkway lighting. Overall, we anticipate maintenance to remain about the same. The FMA has been reviewed by our City Attorney, and is approved as to form. FISCAL IMPACT There is no fiscal impact related to the execution of the FMA. Changes to our Fiscal impact will be reported by staff to the City Council in 2011 when the City takes possession of the frontage roads. During the three years of construction, costs related to our maintenance effort will be reduced to zero since there will be nothing to maintain during the project's construction. Upon completion of all construction, we may experience added effort to abate graffiti, but this should be temporary until the landscaping in front of the sound walls is established. Staff therefore anticipates subtle fiscal impacts due to initial savings from little to no maintenance offset by slight increased maintenance necessary of upgraded landscape features. This project is fully funded by the State through Caltrans District 7 RECOMMENDATION It is recommended that the City Council approve the "Freeway Maintenance Agreement" and Authorize the Mayor to Execute said Agreement. ATTACHMENT Freeway Maintenance Agreement 07- LA -10 -PM 31.1/33.2 From Route 605 to Puente Ave 06249 -EA 117071 District Agreement No 6352 FREEWAY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into in duplicate, effective this , day of , 20J, is by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE," and the City of Baldwin Park, hereinafter referred to as "CITY ". WITNESSETH: WHEREAS, on, April 10 1958, (a) freeway agreement was executed between the CITY and the STATE wherein the CITY agreed and consented to certain adjustments of the CITY street system required for the development of that portion of Interstate 10, within the limits of the City of Baldwin Park, as a freeway, and STATE is constructing one high occupancy vehicle lane (HOV) in each direction. The CITY desires high.vay improvements consisting of landscaping ar�d an automated irrigation system adjacent to Route 10 at two locations next to new soundwalls: (1) along Garvey Avenue and (2) along Dalewood Street, referred to herein as "PROJECT ". The CITY is willing to fund one hundred percent (100 %) of all maintenance and staffing costs, this will commence after the Plant Establishment period. STATE will prepare the contract documents and advertise, award and administer the construction contract for PROJECT and will fund 100% of the construction cost. WHEREAS, said PROJECT is now nearing design completion, and the parties hereto mutually desire to clarify the division of maintenance responsibility as to separation structures, and local CITY streets and roads, or portions thereof, and landscaped areas lying within or outside the freeway limits; and WHEREAS, under paragraph 5, page 3 of the above Freeway Agreement, CITY has resumed or will resume control and maintenance over each of the relocated or reconstructed (CITY streets) except on those portions thereof adopted as a part of the freeway proper. NOW THEREFORE, IT IS AGREED: 1. When a planned future improvement has been constructed and/or a minor revision has been effected within the limits of the freeway herein described, which affects the parties division of maintenance responsibility as described herein, STATE will provide a new dated and revised Exhibit "A," which will be made a part hereof by an amendment to this Agreement when executed by both parties, which will thereafter supersede the attached original Exhibit A and which will then become part of this Agreement. Rev 1 /01 2. VEHICULAR AND PEDESTRIAN OVERCROSSINGS STATE will maintain, at STATE expense, the entire structure of any vehicular and pedestrian overcrossings below the deck surface except as hereinafter provided. CITY will maintain, at CITY expense, the deck and/or surfacing (and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface) and all portions of the structure above the bridge deck, including, but without limitation, lighting installations and electrical power service, as well as all traffic service facilities (signals, signs, pavement markings, rails, etc.) that may be required for the benefit or control of traffic using that overcrossing. Screening shall be placed at such locations (as shall be determined by STATE), on STATE freeway overpasses on which pedestrians are allowed (as directed by Sect. 92.6 of the Streets and Highways Code). All screens installed under this program will be installed and maintained by STATE (at STATE expense). 3. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS STATE will maintain the structure proper of all vehicular and pedestrian ,andercrossings of STATE f, --ways �� ✓bile the road-.- -7 sections, including the traveled way, shoulders, curbs sidewalks, wall surfaces (including eliminating graffiti), drainage installations, lighting installations and traffic service facilities that may be required for the benefit or control of traffic using that undercrossing will be maintained by CITY. CITY will inform STATE District Transportation. Permit Engineer and obtain the necessary Encroachment Permit for any proposed change in minimum vertical clearances between the traveled way portion of the under- roadway surface and the Structure that results from modifications to the under - roadway (except when said modifications are made by STATE). If the planned modifications will result in a reduction in the minimum clearance within the traveled way, an estimate of the clearance reduction must be provided to (the State) District Transportation Permit Engineer prior to starting work. Upon completion of that work, a clearance diagram will be furnished to (the State) District Transportation Permit Engineer that shows revised minimum clearances for all affected movements of traffic, both at the edges of the traveled way and at points of minimum clearance within the traveled way. 4. SOUNDWALLS Responsibility for debris removal, cleaning and painting to keep CITY's side of any soundwall structure free of debris, dirt and graffiti shall lie with CITY and not with STATE. Rev 1 /O1 5. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES Responsibility for the maintenance of any plantings or other types of roadside development lying outside of the area reserved for exclusive freeway use shall lie with CITY and not with STATE. 6. INTERCHANGE OPERATION It is STATE's responsibility to provide efficient operation of freeway interchanges, including ramp connections to local streets and roads. The maintenance and energy costs of safety lighting, traffic signals or other necessary electrically operated traffic control devices placed at ramp connections to CITY streets and roads shall be shared between STATE and CITY. Timing of traffic signals shall be the sole responsibility of STATE. 7. LEGAL RELATIONS AND RESPONSIBILITIES: A. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or affect the legal liability of either party to the contract by imposing any standard of care with respect to the maintenance of ST A TE highways different from the standard of care imposed by law. B. It is understood and agreed that neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, CITY shall defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. C. It is understood and agreed that neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, STATE shall defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. Rev 1/01 9. EFFECTIVE DATE This Agreement shall be effective upon the date appearing on its face, it being understood and agreed, however, that the execution of this Freeway Maintenance Agreement shall not affect any pre- existing obligations of CITY to maintain designated areas pursuant to prior written notice from STATE that work in such areas, which CITY has agreed to maintain pursuant to the terms of the Freeway Agreement, has been completed. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ** Approved as to form and procedure: Attorney Department of Transportation City Attorney * May be deleted if not applicable. CITY of BALDWIN PARK C Manuel Lozano, Mayor STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION WILL KEMPTON Director of Transportation C District Director ** Approval by STATE's Attorney is not required unless changes are made to this form, in which case the draft will be submitted for Headquarters' review and approval by STATE's Attorney as to form and procedures. Rev 1 /O1 4 cz) � \ \ \ \ ��� WZ � / ¢ 2 \ \ j . . \ § / & 2 / � \ \ \ � \ \ \ \ } LLI \� � RAI AGENDA COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING APRIL 16,2008 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 g BALDW4_IN , P 1� A, Ft - K Manuel Lozano - Chair Anthony J. Bejarano - Vice Chair Marlen Garcia - Member Monica Garcia - Member Ricardo Pacheco - 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 The public is encouraged to address the Commission 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 Commission or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed five (5) minutes speaking time. A Spanish- speaking interpreter is available for your convenience. COMENTARiOS DEL PUBLICO Se invita at publico a dirigirse at 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 at Concilio o alguna 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 cinco (5) minutos. Hay un interprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Community Development Commission that is distributed to the Community Development Commission less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7 :30 a.m. - 6:00 p.m.) COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Vice -Chair Anthony J. Bejarano and Chair Manuel Lozano ANNOUNCEMENTS PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos ser6 el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may. 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PER/ODO DESIGNADO PARA DIRIGIRSE AL COM/SI®N No se podra tomar accion en algun asunto a menos que sea inciuido 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 frjar asuntos para tomar en consideracion en juntas proximal. [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 the report. 2. MINUTES Staff recommends Commission approve the minutes of the February 26, 2008 meeting (special) and the minutes of the April 2, 2008 meeting (special and regular). REQUESTS AND COMMUNICATIONS ADJOURNMENT Community Development Commission Agenda — April 16, 2008 Page 2 CERTIFICATION 7 I Laura M. Nieto, Deputy 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 10th day of April 2008. AOO )7?. )A�& Laura M. Nieto Deputy 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 (14403 E. Pacific Avenue) or at the Los Angeles County Public Library in the City of Baldwin Park (4181 Baldwin Park Boulevard). For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 108 or 626.960.4011, ext. 466 or via e -mail at rutierrez baldwinpark.com or Inieto cr(` Fbaldwinpark.com In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) Community Development Commission Agenda — April 16, 2008 Page 3 COMMUNITY DEVELOPMENT COMMISSION CITY OF BALDWIN PARK April 16, 2008 WARRANT REGISTER UO. 675 Ci�y nf 08ldWiD P8rk 2008 08 48 m Pa� 1 `Paym0� HiStory. 8mk RA Pay0eD ��uo 0 0A0/0000 to 9 1/y0/19y0 0.ok/A HL's 12077 to 2094 P3y08D Typo Ce�k ` . _______________________________________________________ V8D # Venlior Na-me Gomit0 P8vee blpDk Check# Chi( Dodo ChRck Amount Sep RA 012�28 0 02/08 14 1O7 44 ClaW General Dmsuiptioo 89550 L[SA L 9ERY R. 1 2 2�/8U PO0 St�t Imm1Cef SL DiS,r1bution 2A4-00! 20 10A 206'00A'Z010k Cla!� Gemml ���iptim 805-51 LEG A-L SERY THRU 1/31/08 PO# Stat �Ntr3ct� I�nioo� U�70 SL 0ioh��uhon 204'0,0&-20 1 0A 20 6-0("l A'2010 N CI8�n� Snneral Umncriyb8n B!,552 LEM SBpy, FEO 0(0 Inv; Dt Dross Amount D1SC0t0t Amt 0iSc00f USed �� A08uVt V /1i/08 4 74.7Aj 0,00 SrOno Amount W; 0,,., 0r 0 AotCJ 0oour|p't Ti 2..87.1)7 DOW NTWN YILLkGE PR0J SNU T�N 08 Z,187.37 D��TWN YI��8[ �0J'0SNU T�0 Z/Z�/O8 lNo Dt Q^0S k0n nt Discount AM 0ism.nt used Niet &mount 02O8 D'220.00 Uso� 0.00 S.220.0O OrdB�# AC�C� Deo riyt�un 03/0 2,�iV.0V ��NTNN VILLASE ��J-BISNO T�� 0- 2,0U,00 0�NTNN ;II L AGE PROJ-0ISNO T�� 1/51/O8 PO� St8� CoD�ract# Imm1oa kmmomnt 0im000t -f 0iSo0nt Used N8t AmuUnt 8575 03/11/�8 4 .8)3.0 0.V0 �'S0.20 GL 0iS�r�kUtiO; G0on Ammm Nnrk 0rder# A Cd 0 P tinn �.J0 LEG L SRV SIE�� VI�� � C�L A u 25A 2.1S5.60 LBM -A VI�� � CTR DI3TR VGrN: Vandor Nam e, �mit# P3y8n 8aDk ��ck& Ckk ��8 CkeCk Ammm� S8; 35 GR E�E0 NC N2�2y O4/8� � E ��� Oa�m# 6e��ol �muri��iml m0mt Iwc ou t 0int � 0nm �t Uso� Kn� &mmmt 9P20V701-M 03/0 0 58 0- �i�%r�hotion 6myS kmmu� ��k Or�r A tC� Ueo rNt1OD 06 A-20i0� �'��D.i� 0OW 0WN YILL�� PR0J'0ISQ8 ��U S/1/08 2��-0OA'20�'k 3./WD.i0 00�T�M VD1�� ----------------------------����� PRUj'DI�NO ��U 3/1/0U YenJ� Wm��r Nm� Kamitf Pape 4819 KBSER MARSTH ASSOCIATE ' TNC. Cla1m0 6ono r a D8So^ nn Warrants Register No. 675 Page 2 Bank DOC" Chk Date Check Amunt S8y �� 0129,,0 000/08 5 .03.00 [11 SY Colraot& Immice# IUvC 0t Grua AmSut Disommt &mt 0iS:mcit Usrd IN e f Xmmmt 0G174M 0vii/0U 505.00 0.00 5.02R00 8L N9000U 8mSs A0mY Wurk 0rdori ActCd 0esxrltion 204'0O8Z01OA 2'0Z.50 N0rk O;der# AoiCd FOR BISN0 PROJECT FEB i TOU BD 292008 �0J-00A'2N0� 2,5i2Y FOR ow PmECT FEB 1 THRU FEB 290 003 _____—__-___-_______—___ Vondo V8Dd0r Nue ---------------------- R8miti Pape __________-------- bank Ch8ck0 Ckk fate Ch8Ck &mnnt Soy 885 LA UPINION RX 012931 0�/02/O8 1RS.00 Cla|0# SaDe al �so,ioiiw 895�5 PUDLIC NOTICE P0# Sat Contradl Iw01ood Doc Dt Cnmu Amwril. D1smu t Am"t Uioom0t USoU Ne', A00UDt 1yS7721 02/10/0O i85.00 0.00 05.00 SL Diotr)but)Co G0y» Amu! Wxk OrNr# AotCd 0es r1pti8O 206-00A-2010A �2.50 PUBLIC NKICE FOR CENTRAL hUSSIE5S 0IST � N4-00A'0iV, 02.5@ PUBLIC NOTICE FOR CBliMRAL 8IJSITN[',Sl 0ST ---------------------- ______________________________________------- _______ Va0H Vond r HQv� Komit# Pap"- 8aUk OmCk# Ghk riado CkaCk Sey 6H3 OVBLANU ACIFIC & CURER, INC. RA 012032 049298 W.50 ChA4 GDval0ecnption 805H DISN0PROUECT POI SUt COntrntl Imm1oe0 Imc 0t SrOSS AmoU t 0inc00t A% 0iSo00t Uwd Net AmouDt 080Y11 0J/13/08 1.31210 0.00 1112.50 8L DiutrbuUmo SmSS AQ00t Work 0r89r# ActCd Description 206-O0&-2010N 656.25 8]3W0 PR0JEC . B0 i TWU FEB 202008 201-00A-010k 656.25 BIRO PROJECT. FEB 1 TWU FEB 20/2008 _------- ------------ -------------------- ---------------------------- _____________________________------- Venl VoMor Kae Ramit# Pape Bank Ch8Ck# Chk Date Clat A0Out Sop 754 SAN 3A69lEL VALLEY NE�-4BPAPER GROUP R& 8i2&33 04/02/08 85.42 Oa{nl 8omx3l Nuriptinn POI Snt CoMrad0 Imm1C80 InVc Dt Gress &momt 0!xmut AM Disont Used Nk A0oU t l60Y 02/0m8 85.42 0.00 85.42 OL No�ri�utNU SrnoS 60ount N0rk O;der# AoiCd U8SCription 42.71 UK BUSS 8I8T & SIBRA YlST& PROJECT &R 204-00A MA 206'004'l0iN 42 J1 CT-IRL 0USS DI8T & SIERRA VISTA PROJECT AR YoDH Vallor Nw.-, R8mit# Pape 80 VALLEY MNNTY WATER DIST Ch1m0Gme"!Kcription 8�559 PROUECT Warrants Register No. 675 Page 3 ______________ Bank Dmok# Chk Date Check Amount Sop RA 0 12834 0W02/08 7'U0 .00, P0t sot &904 ImmicR0 Imo 0t Srmm Amount DiScmmt &mt Dismmnt Umd No kmx0t 0.0O 02/Z298 7,00.00 A.00 7.480.00 PO 138C0N324 Witk�Old1n8 TUtal 0.00 SL0iob`1Du"tioo . GrnSS Ammut WOrk 004 AUCJ UooCr\ptiOn 74 A0 E���RING FEE S SERVICES FOR 0SN0 PR 2�4'0oA'2Oi0& _______�.7�0.�0__________EN�I�IRINS_FB3_&_SE�I�S_RR_8I�Q_PR__ Paid Ckocko: Check Coun 7 (lock Total 25112.24 P0 Liqui�a�inn 0tal �.80 0ackc� WitkhOIN*/ To�� 0.00 PaiJ hy ACH; ACH Cm0t 0 0.0O A[H Total 0.00 PO TOtal Witk�Old1n8 TUtal 0.00 Total P8ymo to. Payment Cmmt 7 Pa0mint Total 312A,24 P8 Liq1��a{ion TD�al �.00 �@okuo Nit�h0l0iny Tot8l 0.00 Void ChookS: 0eck Cm0t 0 check Total 0Y' PO LiqoNat�,OD Tntal 0.V� 0anko� W1tkkolJiny Tot,l k00 CITY OF BALDWIN PARK CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION & HOUSING AUTHORITY MINUTES APR 16 2008 ITEM NO. TUESDAY, FEBRUARY 26, 2008 6:00 p.m. ROOM 307 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tem Marlen Garcia, Monica Garcia, Ricardo Pacheco Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION & HOUSING AUTHORITY of the City of Baldwin Park met it SPECIAL SESSION at the above time and place. CALL TO ORDER PUBLIC COMMUNICATIONS fRi)i•I REP0R 1 ac7 OF OFFICERS 1. 2007 -08 MID YEAR BUDGET WORKSHOP Chief Executive Officer Singhal presented the report. Stated that trends are positive although there are some challenges on the horizon. Proactive efforts will make it possible for city to get through these tough times. CEO Singhal deferred the presentation to Consultant Bass. Revenue Highlights: Real Property Transfer Tax - down 48% Motor Vehicle License fees down 12% Moving Violation - Redflex down 26% Expenditures by category 73% Personnel (Polilce Department largest, Recreation second largest) Councilmember /Member Bejarano inquired if the percentages shown include the reductions that were made in the prior year. CEO Singhal responded yes. He further inquired if there were proactive steps that the city could take to reduce that cost. CEO Singhal responded that the use of technology is one option that would improve processes. He also stated that non -sworn personnel was reduced by 20 %. If the city had a plan to stem costs not just in the short term by reducing non -sworn but also as it relates to new hires. The work force could be less expensive. CEO Singhal commented that the city did things to add value because unlike Page 1 of 9 the private sector, the city could not increase revenues. Consultant Bass stated that GASBY retirement cost included the total component of what the city was presently paying. In response to an inquiry from Mayor /Chair Lozano staff responded that when an individual retired they will have lifetime medical benefits. In response to an inquiry from Council member /Member Marlen Garcia, staff indicated that the city is drawing down on all monies that can be drawn down upon. Potential options were: Evaluate and freeze non -sworn positions; Identify and implement recommendations to increase revenues; Prioritize and evaluate the operations and implement ways to eliminate redundancy, waste and non - essential functions. CEO Singhal stated that there would be changes but the outlook is hopeful. Many accomplishments have been made in the past years with the support of the Council. In response to an inquiry from Councilmember /Member Pacheco staff indicated that reorganization would be done so that work continues to be completed. Items with the least amount of impact may not be done. Mayor /Chair Lozano requested that a message be placed in the NOW regarding the budget so that residents could see how they may be effected by these economic situations. Councilmember /Member Pacheco stated that he did not want public safety being sacrificed. CEO Singhal stated that public safety is a priority and would not be cut. Any changes would have to be approved by the Council. Councilmember Pacheco wanted to ensure that more officers are hired. PURPOSE To discuss the Mid Year budget performance for the City for the Fiscal Year 2007/2008 BACKGROUND & DISCUSSION For FY 2007 -2008 the City adopted its budget at $43,047,000 with the General Fund budget at $23,274,100. The General Fund budget was balanced with revenues exceeding expenditures (after transfers) by $240,000. The budget provided funding for numerous programs including funding for 192 positions. The current year has witnessed several issues such as a slowdown of the economy, lower home prices and home sales, potential for foreclosures and lower consumer spending. As a result the State of California is expecting budget deficits of enormous proportions. Many cities Page 2 of 9 and counties are also expecting significant budget constraints due to economic slowdown and lower tax revenues. While our City is also impacted by these factors causing our revenues to be lower than budgeted, we are in a better position then many due to our proactive strategy over the past year. Additionally we have been monitoring our revenues and expenditures on a regular basis. Mid year gives us an opportunity to evaluate our actual revenue and expenditure trends compared to the budget and recommend changes if any. Due to the condition of the economy this Mid year review will also provide us an opportunity to look at the next year's budget, evaluate trends, and take necessary steps to change strategy if necessary in a timely manner. This report consists of following components: 1. Mid Year Trends (a) General Fund and Departmental trends (b) Trends for other funds 2. Outlook for the next fiscal year including preliminary budget projections General Fund Mid Year Trends The Mid -year trends suggest that our revenues are likely to be lower than budget primarily due to lower tax revenues and lower revenues from traffic violations including redflex cameras. However, these revenue shortfalls will be offset by expenditure savings giving us an overall positive performance. It is anticipated that the General Fund and its supported funds will end another year (second year) in the black. The primary reason for lower expenditures is personnel cost savings due to vacancies. We have approximately 15 vacancies contributing to a potential salary and benefits savings for the year of $900,000. Based on Mid Year trends it is expected that overall General Fund performance will be positive as shown in the table below: See Staff Report General fund includes Traffic Safety Fund also As shown in the table the General Fund is expected to end the year with an overall saving of approximately $600,000, which is about $232,000 greater than the adopted budget. This amount is higher than the approved budget amount especially in view of the fact that the approved budget did not include the full impact of labor negotiations, which were concluded after the adoption of the budget. The savings are however one time savings because they are the result of vacancies. As these positions are filled the savings would not be there. General Fund Revenues: Page 3 of 9 For the fiscal year the total General Fund revenues are expected to be approximately 2.5% or $635,700 lower than budget. As shown in the following table, based on current trends at mid year several revenues are likely to be lower than budget. The primary reasons for revenues being lower than budget are; slower economy, lower consumer spending and impact of housing market. General Fund relies heavily on taxes and sources, which are not in city's control as shown in the following chart" See Staff Report Due to reliance on sources beyond our control our budgets have greater volatility. Following table shows the trends of major revenue sources: See Staff Report Note: Includes traffic safety fund revenue it is important to evaluate some revenue sources: • Sales Tax: Based on data from the State the midyear trends indicates that the Sales Tax revenue is up by only 2% compared to the prior year, however, the budget anticipated a growth of approximately J /U. Additionally we anticipate lower sales tax due to closure of Altman's RV and lower sales tax from home improvement stores. • Property Tax: Similarly property taxes were budgeted to grow at 5% even though they had been growing at 10% in prior years. As a result of the condition of the housing market, which is impacted by delinquencies the growth in property tax collections is not expected to be more than 2 %. • Motor Vehicle License Fees: (the non - property tax portion) are down by about 12% giving an overall shortfall of 2% compared to budget. • Real Property Transfer Tax: which is collected on sale of properties is significantly lower than budgeted due to lower home sales (almost 50 946). • Construction permits are also significantly lower. • Police revenues from moving violations (which includes redflex) are also coming in lower than budget. The citations due to red light violations have been trending downward. These projections are based on midyear trends any further deterioration in the Page 4 of 9 economy could cause greater adverse impacts on our revenues. General Fund Expenditures: The revenue shortfall in the General Fund will be offset by lower than expected expenditures. Based on Midyear trends it is anticipated that General Fund expenditures will be lower than budget by approximately $953, 000. Following tables show General Fund projections both by expenditure category as well as by department: See Staff Report The primary reason for lower expenditures is salary savings due to vacant positions. The following table shows General Fund expenditures by department: See Staff Report All departments with the exception of Legal costs are significantly under budget. The reason for legal costs being higher is unanticipated litigation. Departmental Trends Information on revenues and expenditures for each department is attached as `Attachment- I ". With the exception of some revenues tied to housing and economy such as construction permits, planning fees, engineering fees and police fines departments are ok on revenues. With respect to expenditures, departments are within budget. 1(b) Trends for Other City Funds: Other city funds can be categorized into two categories: those supported /subsidized by the General Fund. While any shortfall in these funds must be paid for by the General Fund any savings are retained in these funds for future expenditures. These funds include funds such as Gas Tax, Prop A, Park Maintenance Assessment District and Street Lighting and Landscape Maintenance Fund. Based on midyear projections these funds are also within budget. Another set of funds represents restricted funds, where the funds 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 funds either. 'Attachment -II' includes a summary of all city funds except CDC and their projections. No major adverse trends are noted in these restricted funds. 2. Outlook for the next fiscal year Page 5 of 9 While the current Fiscal Year looks good the next year poses some challenges. In order to have a good perspective of our fiscal future it is important to consider the past. The City has experienced good revenue growth over the past five years, which was attributable to good economic growth fueled by a housing boom and redevelopment projects such as Walmart, Smart and Final that increased both sales tax and property tax revenues. However, this revenue growth was not enough to keep pace with the growing expenditures. In order to maintain essential services and to stay competitive the city invested the revenue increases in providing services to the community. It must be noted that the City of Baldwin Park has a rather smaller tax base compared to many other cities. Our per capita revenues for the General Fund are significantly lower than many cities in the region. Further a significant portion of our General Fund is committed for essential services such as public safety. Our personnel costs also account for a very large portion of the total General Fund budget. This structure makes it very hard for the city to manage big downward swings in revenues without creating service impacts. In the past the city had to use reserves to maintain essential services in times of lower revenue growth. In 2005/2006 General Fund Revenues grew by less than 5% and the city had to take Several nrnartive steps to balance expenditures with revenues_ Measures implemented by the city included a restructuring plan, implementation of new revenues as well as measures to keep our spending low. City also had to reduce staffing and budgets for most departments. Compared to actual spending of 2005/2006 the 2007/2008 budget reduced staffing and budgets for many departments. Departments such as Administration, Community Development and Public Works saw staffing reductions of about 20% or more. Despite staffing reductions the budgets for essential services such as public safety programs were preserved or were higher. Staff was also able to identify and implement several creative ideas to improve efficiency of operations and maintain and improve service levels despite staffing and budget reductions. As a result of these measures we are in a better shape than many. Even though our fiscal performance has improved and is better than budget, there are numerous challenges on the horizon created by worsening economic environment. This economic downturn, which has impacted states, cities and private enterprises alike is likely to impact us as well. Following are some of the challenges that we will face in the next year: Page 6 of 9 Potential Impact of State's budget problems The State is anticipating a $14 billion budget deficit, Governor's proposed budget proposes 10% across the board cuts including cuts in essential services. The budget also includes a provision to delay payment of Gas Tax to Cities. Impact on Baldwin Park of this proposal would be delay in receipt of approximately $600,000. It is not known when this money will be repaid and if there will be any additional impacts. Proposition IA approved by California Voters prevents the State from taking money from cities to balance its budget as it has done in the past, however it allows the State to borrow money, which it is supposed to pay back within a certain period of time. It is possible that the State may do so and if so it is not known what the impacts would be. If this were to happen the city must have sufficient reserves to cover this payment. *Based on midyear estimates the 200712008 yearend unreserved /unrestricted fund balance (reserves) for General Fund and funds supported and subsidized by the General Fund including risk management fund is expected to be only $2,000,000 (including $1,000,000 for the lock box reserve). This is not a significant amount for a city our size. Even though this fund balance is available for spending (as it represents net assets after setting money aside for all obligations) it should not be spent, The city uses the fund balance for its working capital needs to maintain operations during the months of July to January when it does not receive enough tax payments. This reserve is also supposed to protect the city in case of emergencies and allow time to react to fiscal emergencies such as loss of revenues to state of for other reasons. Any payment to the State is likely to cause some hardships and is not factored into midyear projections. *Revised 2.26.08 Desire and ability to maintain competitiveness in the market The City also has to deal with the challenge of staying competitive in the market for its recruitment and retention needs. Absent significant revenue growth or in times of declining revenues as is the situation currently our expenditure growth must not exceed the revenue growth. Therefore we must find innovative ways to provide service and reevaluate our business processes. Additionally use of technology and process simplification must be embraced. Furthermore importance of increasing revenues cannot be overemphasized. While these mean change these are essential in order to generate resources to stay competitive. During the past years most departments have been successful in increasing revenues and reducing costs. We plan to continue our quest to identify creative ways to reduce spending with out impacts and increase revenues to generate resources to hire and retain good staff and stay competitive. Impact of fiscal outlook on 2008/2009 budget Page 7 of 9 Given the current economic scenario we expect a growth of no more than 1- 2%. (could be lower if the economic outlook worsens). Based on these projections a preliminary look at 2008/2009 suggests that if we were to budget for all authorized positions, the city would need to either generate new revenues or reduce expenditures to balance the budget. The following table shows the potential impact of slower economy on city's budget. See Staff Report The above table shows that if all vacancies were to be kept vacant we would have a balanced budget. However, there still would not be any amounts for cost of living increases or to restore programs and positions. The city cannot keep all vacant positions vacant because some of the vacancies are in process of being filled and some such as sworn positions are important and need to be filled. Staff therefore needs to identify additional options to not only balance the budget but to generate resources to allow the city to stay competitive for its staffing needs. Additionally efforts to balance the budget must also balance the need to maintain services. Since significant staffing and budget reductions have already been made in many departments in the prior years accomplishing further reductions without generating impacts is a very challenging task. While this is a very tough challenge we are very hopeful that we will be able to generate innovative ideas, revamp business processes, identi y new revenue - - -- sources and implement technology supported programs to generate efficiencies and balance the budget while maintaining the quality and level of service. Staff is already working on exploring following options: ♦ Evaluate and freeze non -sworn vacancies ♦ Identify and implement recommendations to increase revenues ♦ Prioritize and evaluate the operations and implement ways to eliminate redundancy, waste and non essential functions We expect to bring a balanced budget for Council review in April 2008. FISCAL IMPACT No fiscal Impact at this time RECOMMENDATION Page 8 of 9 It is recommended that the City Council review the information and provide directions as deemed appropriate. ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION 7:10 p.m. 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS (GC §54957) Title: Chief Executive Officer Title: Recreation & Community Services Director Title: Public Works Director Title: Human Resources Manager 3. CONFERENCE WITH LABOR NEGOTIATORS (GC §54957.6) A) Agency Negotiator: Manuel Lozano, Mayor Unrepresented Employee: Vijay Singhal, Chief Executive Officer B) Agency Negotiator: Vijay Singhal, Chief Executive Officer Unrepresented Employees: Recreation & Community Services Director Public Works Director Human Resources Manager 4. PUBLIC EMPLOYEE APPOINTMENT (GC §54957) A) Interim Chief of Police B) Chief of Police RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION No reportable action taken. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7 :30 p.m. Approved as presented by the Council, Commission and Authority at their meetings held April 16, 2008. Laura M. Nieto Deputy City Clerk Page 9 of 9 CITY OF BALDWIN PARK COMMUNITY DEVELOPMENT COMMISSION MINUTES WEDNESDAY, APRIL 02, 2008 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tem Marlen Garcia, Monica Garcia, Ricardo Pacheco, Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The COMMUNITY DEVELOPMENT COMMISSION of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Marlen Garcia, Member Monica Garcia, Member Pacheco, Vice Chair Bejarano, Chair Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Joseph Pannone, City Attorney, David Bass, Finance Consultant, Manuel Carrillo Jr., Director of Recreation & Community Services, Marc Castagnola, Community Development Manager, William Galvez, Director of Public Works, Michael Taylor, Acting Chief of Police, City Treasurer Contreras, City Clerk Rubio, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS Thomas Carey, resident inquired about alleys on Larry/Landis. Guillermo Serrano, resident commented on the proposed development and code enforcement. Gail Saus, spoke about how she was previously effected by revitalization projects in the City of Baldwin Park. Recommended that the Commission look at the history of the city. Leslie Bito, resident commented on the businesses in neighboring cities that are closing. Stated that CARA is not against redevelopment but the way that it is being handled. CARA is committed to the community and education Yolanda Serrano, resident commented on the actions of the Commission CONSENT CALENDAR Page 1 of 2 Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Member Marlen Garcia. 1. WARRANTS AND DEMANDS Commission received and filed the report. 2. MINUTES Commission approved the minutes of the March 19, 2008 meeting (regular ). REQUESTS AND COMMUNICATIONS Member Marlen Garcia clarified about prior statements she made at a meeting. FurthFurther stated that m°onle wo, lid not be losing their homes, she stated that she er I l l 1 YVt.i11 11 NV -.11 benefitted from the eminent domain process that she was part of. They are changing the identity of the City of Baldwin Park It will take a long time. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 8:02 p.m. Appr ve'd as presented by tho rerrlrrc��Iwl I a +ho1r meeting held April 1 �, 2008 �.! IIIV V 1 I iooir%n G lll�..11 111V 111 V L VV. Laura M. Nieto Deputy City Clerk Page 2 of 2 FINANCE AUTHORITY APRIL ! ii: 00 REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 Manuel Lozano - Chair Anthony J. Bejarano - Vice Chair Marlen Garcia - Member Monica Garcia - Member Ricardo Pacheco - 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 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 five (5) 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 alguna de sus Agencias, podra hacedo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por cinco (5) minutos. Hay un interprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the Finance Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a. m. - 6:00 p. m.) FINANCE AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Vice -Chair Anthony J. Bejarano and Chair Manuel Lozano ANNOUNCEMENTS PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos sera el limite para hablar THIS 1S THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COM/S/ON No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista t,,,;,„ 1 CI Lavin tivo hodr —Um 11 Dc"' 4 atyu,la el %lerge %tcia o circunstancia especial. a cuerpo tcyt�lauvv y su personal N�utG,,. ,.��N� „u�. brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos Para tomar en consideration en juntas proximes. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. MINUTES Staff recommends Authority approve the minutes of the March 19, 2008 meeting (special). REQUESTS AND COMMUNICATIONS ADJOURNMENT CERTIFICATION I, Laura M. Nieto, Deputy 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 10th day of April 2008. Laura M. Nieto Deputy City Clerk Finance Authority Regular Meeting Agenda — April 16, 2008 PLEASE NOTE: Copies of staff reports and supporting docume this agenda are available for public viewing and inspection ai (14403 E. Pacific Avenue) or at the Los Angeles County Pub Park (4181 Baldwin Park Boulevard). For further information contact the office of the City Clerk at 626.960.4011, rgufierrez@baldwinpark.com or lnieto@baldwinpark.com . station pertaining to each item on City Hall, 2nd Floor Lobby Area is Library in the City of Baldwin regarding agenda items, please ext. 108 or via e-mail at 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 ll) Finance Authority Regular Meeting Agenda — April 16, 2008 AGENDA r CITY OF BALDWIN PARK FINANCE AUTHORITY MINUTES 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tern Marlen Garcia, Monica Garcia, Ricardo Pacheco, Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The FINANCE AUTHORITY of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Marlen Garcia, Member Monica Garcia, Member Pacheco, Vice Chair Bejarano, Chair Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Joseph W. Pannone, City Attorney, David Bass, Finance Consultant, Manuel Carrillo Jr., Director of Recreation & Community Services, Marc Castagnola, Community Development Manager, William Galvez, Director of Public Works, Mike Taylor, Interim Chief of Police, City Treasurer Contreras, City Clerk Rubio, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Member Marlen Garcia. 1. MINUTES Authority approved the minutes of the February 20, 2008 meeting (regular). ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 8:38 p. M. Approved as presented by the Authority at their meeting held April 16, 2008. Page 1 of 2 Laura M. Nieto Deputy City Clerk Page 2 of 2 .1 HOUSING AUTHORITY APRIL r0: 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWI N PARK, CA 91706 (626) 960 -4011 BALDW I N I' A k K Manuel Lozano - Chair Anthony J. Bejarano - Vice Chair Marlen Garcia - Member Monica Garcia - Member Ricardo Pacheco - 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 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 five (5) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al pOblico 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 alguna de sus Agencias, pods hacerlo durante el perfodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por cinco (5) minutos. Hay un interprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Housing Authority that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 94403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7 :30 a.m. - 6:00 p.m.) HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Vice -Chair Anthony J. Bejarano and Chair Manuel Lozano ANNOUNCEMENTS PUBLIC COMMUNICATIONS Five (5) minute speaking time limit Cinco (5) minutos sera el limite para hablar THIS 1S THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COM/Sl ®N No se podra tomar action en algun asunro a menos que sea inciuido en is agenda, o a metros 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 consideration en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. MINUTES Staff recommends Authority approve the minutes of the February 26, 2008 meeting (special), the minutes of the March 19, 2008 and April 2, 2008 meetings (regular). REQUESTS AND COMMUNICATIONS ADJOURNMENT CERTIFICATION I, Laura M. Nieto, Deputy 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 10th day of April 2008. Laura M. Nieto Deputy City Clerk Housing Authority Regular Meeting Agenda April 16, 2008 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 (14403 E. Pacific Avenue) or at the Los Angeles County Public Library in the City of Baldwin Park (4181 Baldwin Park Boulevard). For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 108 or via e-mail at r utierrez a baldjrin ark.com or Inieto(c- )baldwin ark corn . 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) Housing Authority Regular Meeting Agenda April 16, 2008 CITY OF BALDWIN PARK CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION & HOUSING AUTHORITY MINUTES AGENOA APR R KC. 2008 6:00 p.m. ROOM 307 14403 E. Pacific Avenue, Baldwin Park Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tem Marlen Garcia, Monica Garcia, Ricardo Pacheco Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION & HOUSING AUTHORITY of the City of Baldwin Park met in SPECIAL SESSION at the above time and place. CALL TO ORDER PUBLIC COMMUNICATIONS NONE REP0R T S Or 0FFICERS 1. 2007 -08 MID YEAR BUDGET WORKSHOP Chief Executive Officer Singhal presented the report. Stated that trends are positive although there are some challenges on the horizon. Proactive efforts will make it possible for city to get through these tough times. CEO Singhal deferred the presentation to Consultant Bass. Revenue Highlights: Real Property Transfer Tax - down 48% Motor Vehicle License fees down 12% Moving Violation - Redflex down 26% Expenditures by category 73% Personnel (Polilce Department largest, Recreation second largest) Councilmember /Member Bejarano inquired if the percentages shown include the reductions that were made in the prior year. CEO Singhal responded yes. He further inquired if there were proactive steps that the city could take to reduce that cost. CEO Singhal responded that the use of technology is one option that would improve processes. He also stated that non -sworn personnel was reduced by 20 %. If the city had a plan to stem costs not just in the short term by reducing non -sworn but also as it relates to new hires. The work force could be less expensive. CEO Singhal commented that the city did things to add value because unlike Page 1 of 9 the private sector, the city could not increase revenues. Consultant Bass stated that GASBY retirement cost included the total component of what the city was presently paying. In response to an inquiry from Mayor /Chair Lozano staff responded that when an individual retired they will have lifetime medical benefits. In response to an inquiry from Councilmember /Member Marlen Garcia, staff indicated that the city is drawing down on all monies that can be drawn down upon. Potential options were: Evaluate and freeze non -sworn positions; Identify and implement recommendations to increase revenues; Prioritize and evaluate the operations and implement ways to eliminate redundancy, waste and non - essential functions. CEO Singhal stated that there would be changes but the outlook is hopeful. Many accomplishments have been made in the past years with the support of the Council. In response to an inquiry from Councilmember /Member Pacheco staff indicated that reorganization would be done so that work continues to be completed. Items with the least amount of impact may not be done. Mayor /Chair Lozano requested that a message be placed in the NOW regarding the budget so that residents could see how they may be effected by these economic situations. Councilmember /Member Pacheco stated that he did not want public safety being sacrificed. CEO Singhal stated that public safety is a priority and would not be cut. Any changes would have to be approved by the Council. Councilmember Pacheco wanted to ensure that more officers are hired. PURPOSE To discuss the Mid Year budget performance for the City for the Fiscal Year 2007/2008 BACKGROUND & DISCUSSION For FY 2007 -2008 the City adopted its budget at $43,047,000 with the General Fund budget at $23,274,100. The General Fund budget was balanced with revenues exceeding expenditures (after transfers) by $240,000. The budget provided funding for numerous programs including funding for 192 positions. The current year has witnessed several issues such as a slowdown of the economy, lower home prices and home sales, potential for foreclosures and lower consumer spending. As a result the State of California is expecting budget deficits of enormous proportions. Many cities Page 2 of 9 and counties are also expecting significant budget constraints due to economic slowdown and lower tax revenues. While our City is also impacted by these factors causing our revenues to be lower than budgeted, we are in a better position then many due to our proactive strategy over the past year. Additionally we have been monitoring our revenues and expenditures on a regular basis. Mid year gives us an opportunity to evaluate our actual revenue and expenditure trends compared to the budget and recommend changes if any. Due to the condition of the economy this Mid year review will also provide us an opportunity to look at the next year's budget, evaluate trends, and take necessary steps to change strategy if necessary in a timely manner. This report consists of following components: Mid Year Trends (a) General Fund and Departmental trends (b) Trends for other funds 2. Outlook for the next fiscal year including preliminary budget projections General Fund Mid Year Trends The Mid -year trends suggest that our revenues are likely to be lower than budget primarily due to lower tax revenues and lower revenues from traffic violations including redflex cameras. However, these revenue shortfalls will be offset by expenditure savings giving us an overall positive performance. It iS anticipated that the General Fund and its supported funds will end another year (second year) in the black. The primary reason for lower expenditures is personnel cost savings due to vacancies. We have approximately 15 vacancies contributing to a potential salary and benefits savings for the year of $900,000. Based on Mid Year trends it is expected that overall General Fund performance will be positive as shown in the table below: See Staff Report General fund includes Traffic Safety Fund also As shown in the table the General Fund is expected to end the year with an overall saving of approximately $600,000, which is about $232,000 greater than the adopted budget. This amount is higher than the approved budget amount especially in view of the fact that the approved budget did not include the full impact of labor negotiations, which were concluded after the adoption of the budget. The savings are however one time savings because they are the result of vacancies. As these positions are filled the savings would not be there. General Fund Revenues: Page 3 of 9 For the fiscal year the total General Fund revenues are expected to be approximately 2.5% or $635,700 lower than budget. As shown in the following table, based on current trends at mid year several revenues are likely to be lower than budget. The primary reasons for revenues being lower than budget are; slower economy, lower consumer spending and impact of housing market. General Fund relies heavily on taxes and sources, which are not in city's control as shown in the following chart" See Staff Report Due to reliance on sources beyond our control our budgets have greater volatility. Following table shows the trends of major revenue sources: See Staff Report Note: Includes traffic safety fund revenue It is important to evaluate some revenue sources: • Sales Tax: Based on data from the State the midyear trends indicates that the Sales Tax revenue is up by only 2% compared to the prior year, ,,oVVever, the budget anticipated a growth of approxi,;,ateey 5 %. Additionally we anticipate lower sales tax due to closure of Altman's RV and lower sales tax from home improvement stores. • Property Tax: Similarly property taxes were budgeted to grow at 5% even though they had been growing at 90% in prior years, As a result of the condition of the housing market, which is impacted by delinquencies the growth in property tax collections is not expected to be more than 2 %. • Motor Vehicle License Fees: (the non - property tax portion) are down by about 12% giving an overall shortfall of 2% compared to budget. • Real Property Transfer Tax: which is collected on sale of properties is significantly lower than budgeted due to lower home sales (almost 50 9'o'). • Construction permits are also significantly lower. • Police revenues from moving violations (which includes redflex) are also coming in lower than budget. The citations due to red light violations have been trending downward. These projections are based on midyear trends any further deterioration in the Page 4 of 9 economy could cause greater adverse impacts on our revenues. General Fund Expenditures: The revenue shortfall in the General Fund will be offset by lower than expected expenditures. Based on Midyear trends it is anticipated that General Fund expenditures will be lower than budget by approximately $953, 000. Following tables show General Fund projections both by expenditure category as well as by department: See Staff Report The primary reason for lower expenditures is salary savings due to vacant positions. The following table shows General Fund expenditures by department: See Staff Report All departments with the exception of Legal costs are significantly under budget. The reason for legal costs being higher is unanticipated litigation. Departmental Trends Information on revenues and expenditures for each department is attached as `Attachment- I ". With the exception of some revenues tied to housing and economy such as construction permits, planning fees, engineering fees and police fines departments are ok on revenues. With respect to expenditures, departments are within budget. 1(b) Trends for Other City Funds: Other city funds can be categorized into two categories: those supported /subsidized by the General Fund. While any shortfall in these funds must be paid for by the General Fund any savings are retained in these funds for future expenditures. These funds include funds such as Gas Tax, Prop A, Park Maintenance Assessment District and Street Lighting and Landscape Maintenance Fund. Based on midyear projections these funds are also within budget. Another set of funds represents restricted funds, where the funds 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 funds either. `Attachment -II' includes a summary of all city funds except CDC and their projections. No major adverse trends are noted in these restricted funds. 2. Outlook for the next fiscal year Page 5 of 9 While the current Fiscal Year looks good the next year poses some challenges. In order to have a good perspective of our fiscal future it is important to consider the past. The City has experienced good revenue growth over the past five years, which was attributable to good economic growth fueled by a housing boom and redevelopment projects such as Walmart, Smart and Final that increased both sales tax and property tax revenues. However, this revenue growth was not enough to keep pace with the growing expenditures. In order to maintain essential services and to stay competitive the city invested the revenue increases in providing services to the community. It must be noted that the City of Baldwin Park has a rather smaller tax base compared to many other cities. Our per capita revenues for the General Fund are significantly lower than many cities in the region. Further a significant portion of our General Fund is committed for essential services such as public safety. Our personnel costs also account for a very large portion of the total General Fund budget. This structure makes it very hard for the city to manage big downward swings in revenues without creating service impacts. In the past the city had to use reserves to maintain essential services in times of lower revenue growth. In 2005/2006 General Fund Revenues grew by less than 5% and the city had to take several rnmartivg steps to balance expenditures with revenues. Measures implemented by the city included a restructuring plan, implementation of new revenues as well as measures to keep our spending low. City also had to reduce staffing and budgets for most departments. Compared to actual spending of 2005/2006 the 2007/2008 budget reduced staffing and budgets for many departments. Departments such as Administration, Community Development and Public Works saw staffing reductions of about 20% or more. Despite staffing reductions the budgets for essential services such as public safety programs were preserved or were higher. Staff was also able to identify and implement several creative ideas to improve efficiency of operations and maintain and improve service levels despite staffing and budget reductions. As a result of these measures we are in a better shape than many. Even though our fiscal performance has improved and is better than budget, there are numerous challenges on the horizon created by worsening economic environment. This economic downturn, which has impacted states, cities and private enterprises alike is likely to impact us as well. Following are some of the challenges that we will face in the next year: Page 6 of 9 Potential Impact of State's budqet problems The State is anticipating a $14 billion budget deficit, Governor's proposed budget proposes 10% across the board cuts including cuts in essential services. The budget also includes a provision to delay payment of Gas Tax to Cities. Impact on Baldwin Park of this proposal would be delay in receipt of approximately $600,000. It is not known when this money will be repaid and if there will be any additional impacts. Proposition IA approved by California Voters prevents the State from taking money from cities to balance its budget as it has done in the past, however it allows the State to borrow money, which it is supposed to pay back within a certain period of time. It is possible that the State may do so and if so it is not known what the impacts would be. If this were to happen the city must have sufficient reserves to cover this payment. *Based on midyear estimates the 200712008 yearend unreserved /unrestricted fund balance (reserves) for General Fund and funds supported and subsidized by the General Fund including risk management fund is expected to be only $2,000,000 (including $1,000,000 for the lock box reserve). This is not a significant amount for a city our size. Even though this fund balance is available for spending (as it represents net assets after setting mnney acme for all obligatinnc) it should not be spent. The city uses the fund balance for its working capital needs to maintain operations during the months of July to January when it does not receive enough tax payments. This reserve is also supposed to protect the city in case of emergencies and allow time to react to fiscal emergencies such as loss of revenues to state of for other reasons. Any payment to the State is likely to cause some hardships and is not factored into midyear projections. *Revised 2.26.08 Desire and abilitv to maintain competitiveness in the market The City also has to deal with the challenge of staying competitive in the market for its recruitment and retention needs. Absent significant revenue growth or in times of declining revenues as is the situation currently our expenditure growth must not exceed the revenue growth. Therefore we must find innovative ways to provide service and reevaluate our business processes. Additionally use of technology and process simplification must be embraced. Furthermore importance of increasing revenues cannot be overemphasized. While these mean change these are essential in order to generate resources to stay competitive. During the past years most departments have been successful in increasing revenues and reducing costs. We plan to continue our quest to identify creative ways to reduce spending with out impacts and increase revenues to generate resources to hire and retain good staff and stay competitive. Impact of fiscal outlook on 2008/2009 budget Page 7 of 9 Given the current economic scenario we expect a growth of no more than 1- 2%. (could be lower if the economic outlook worsens). Based on these projections a preliminary look at 2008/2009 suggests that if we were to budget for all authorized positions, the city would need to either generate new revenues or reduce expenditures to balance the budget. The following table shows the potential impact of slower economy on city's budget. See Staff Report The above table shows that if all vacancies were to be kept vacant we would have a balanced budget. However, there still would not be any amounts for cost of living increases or to restore programs and positions. The city cannot keep all vacant positions vacant because some of the vacancies are in process of being filled and some such as sworn positions are important and need to be filled. Staff therefore needs to identify additional options to not only balance the budget but to generate resources to allow the city to stay competitive for its staffing needs. Additionally efforts to balance the budget must also balance the need to maintain services. Since significant staffing and budget reductions have already been made in many departments in the prior years accomplishing further reductions without generating impacts is a very challenging task. While this is a very tough challenge we are very hopeful that we will be able to generate innovative ideas, revamp business processes, Eder'eLE y new revenue sources and implement technology supported programs to generate efficiencies and balance the budget while maintaining the quality and level of service. Staff is already working on exploring following options: ♦ Evaluate and freeze non -sworn vacancies ♦ Identify and implement recommendations to increase revenues ♦ Prioritize and evaluate the operations and implement ways to eliminate redundancy, waste and non essential functions We expect to bring a balanced budget for Council review in April 2008. FISCAL IMPACT No fiscal Impact at this time RECOMMENDATION Page 8 of 9 It is recommended that the City Council review the information and provide directions as deemed appropriate. ADJOURN TO CLOSED SESSION OF THE CITY COUNCIL & COMMUNITY DEVELOPMENT COMMISSION 7:10 p.m. 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS (GC §54957) Title: Chief Executive Officer Title: Recreation & Community Services Director Title: Public Works Director Title: Human Resources Manager 3. CONFERENCE WITH LABOR NEGOTIATORS (GC §54957.6) A) Agency Negotiator: Manuel Lozano, Mayor Unrepresented Employee: Vijay Singhal, Chief Executive Officer B) Agency Negotiator: Vijay Singhal, Chief Executive Officer Unrepresented Employees: Recreation & Community Services Director Public Works Director Human Resources Manager 4. PUBLIC EMPLOYEE APPOINTMENT (GC §54957) A) Interim Chief of Police B) Chief of Police RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION No reportable action taken. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 7:30 p.m. Approved as presented by the Council, Commission and Authority at their meetings held April 16, 2008. Laura M. Nieto Deputy City Clerk Page 9 of 9 CITY OF BALDWIN PARK HOUSING AUTHORITY MINUTES WEDNESDAY, MARCH 19, 2008 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tern Marlen Garcia, Monica Garcia, Ricardo Pacheco, Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The HOUSING AUTHORITY of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Marlen Garcia, Member Monica Garcia, Member Pacheco, Vice Chair Bejarano, Chair Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Joseph W. Pannone, City Attorney, David Bass, Finance Consultant, Manuel Carrillo Jr., Director of Recreation & Community Services, Marc Castagnola, Community Development Manager, William Galvez, Director of Public Works, Mike Taylor, Interim Chief of Police, City Treasurer Contreras, City Clerk Rubio, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS NONE CONSENT CALENDAR Motion: Approve CONSENT CALENDAR Moved by Chair Lozano, seconded by Member Marlen Garcia. 1. MINUTES Authority approved the minutes of the February 20, 2008 meeting (regular). ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 8:38 p.m. Approved as presented by the Authority at their meeting held April 16, 2008. Page 1 of 2 Laura M. Nieto Deputy City Clerk Page 2 of 2 CITY OF BALDWIN PARK HOUSING AUTHORITY MINUTES WEDNESDAY, APRIL 02, 2008 7:00 p.m. COUNCIL CHAMBERS 14403 E. Pacific Avenue Baldwin Park Manuel Lozano, Mayor Anthony J. Bejarano, Mayor Pro Tern Marlen Garcia, Monica Garcia, Ricardo Pacheco, Council Members Maria Contreras, City Treasurer Susan Rubio, City Clerk The HOUSING AUTHORITY of the City of Baldwin Park met in REGULAR SESSION at the above time and place. CALL TO ORDER ROLL CALL Present: Member Marlen Garcia, Member Monica Garcia, Member Pacheco, Vice Chair Bejarano, Chair Lozano. Absent: None. Also Present: Vijay Singhal, Chief Executive Officer, Joseph Pannone, City Attorney, David Bass, Finance Consultant, Manuel Carrillo Jr., Director of Recreation & Community Services, Marc Castagnola, Community Development Manager, William Galvez, Director of Public Works, Michael Taylor, Acting Chief of Police, City Treasurer Contreras, City Clerk Rubio, Deputy City Clerk Nieto. PUBLIC COMMUNICATIONS Thomas Carey, resident commented on the relocation process Guillermo Serrano, resident apologized for the language that he used previously and inquired if any of the Commissioners would be effected by the proposed project. Vice Chair Bejarano commented on the boundries of the redevelopment area. The existing Commission did not establish the area. Member Pacheco commented that none of the Commissioners lived in the proposed project area and if they did, they would have to recuse themselves from voting on the matter. Chair Lozano commented about the current eminent domain legislation that will be in the hands of the voters. Page 1 of 2 SET MATTERS - PUBLIC HEARINGS 1. PUBLIC HEARING FOR THE BALDWIN PARK HOUSING AUTHORITY'S FY 2008 -2009 STREAMLINED ANNUAL PUBLIC HOUSING AGENCY (PHA) PLAN Chair Lozano opened the public hearing for those wishing to speak in favor or opposition. Seeing no interest the public hearing was closed. Motion: 1) adopt the FY 2008 -2009 Streamlined Annual PHA Plan, 2) waive further reading, read by title only and adopt Resolution No. HA 2008 -001 entitled, "A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE PUBLIC HOUSING AGENCY ANNUAL PLAN FOR FY 2008 - 2009" and 3) approve the revisions to the Housing Authority's Administrative Plan. Moved by Chair Lozano, seconded by Member Marlen Garcia. Member Marlen Garcia recognized the efforts of staff and thanked them for their work REQUESTS AND COMMUNICATIONS Member Monica Garcia commented about the appraisals and that there is due process. it there is a dispute in the value of the appraisal, property owners could obtain their own appraisers. City Attorney Pannone clarified the process and procedure and noted that the City would pay the expenses up to $5,000 but that certain requirements need to be met. ADJOURNMENT There being no other matters for discussion the meeting was adjourned at 8:19 p.m. Approved as presented by the Authority at their meeting held April 16, 2008. Laura M. Nieto Deputy City Clerk Page 2 of 2