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Home My WebLink About2012 09 19NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, SEPTEMBER 19, 2012 at 5:30 p.m. at City Hall — 3d Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose • conducting business in accordance wi A the attached /-Xgenda. [LI [*X0 :122 11 Dated: September 13, 2012 e5�) Manuel Lozano Mayor Fill a a I 9711TJ 1 1[*-JJU07�� 1, Alejandra Avila, City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and to the San Gabriel Valley Tribune, and that I posted said notice as required by law on September 13, 2012. 'ge 41 Alejandra Avila City Clerk "TiffWMA PACIFIC CITY HALL - 3"dFloor, Conference Room 307 14403 EA S T A L I WIN PA RK, CA 91706 r ) 960-40 BALDWIN P R- Manuel Lozano - Mayor Susan Rubio - Mayor Pro Tern Marlen Garcia - Councilmember Monica Garcia - Councilmember Ricardo Pacheco - Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FA VOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, agenda on any matter posted on the agenda or para hablar sobre cualquier asunto publicado en la on any other matter within its jurisdiction. If you agenda o cualquier tema que este bajo su jurisdiccion. wish to address the City Council or any of its Si usted desea la oportunidad de dirigirse al Concilio o Agencies, you may do so during the PUBLIC alguna de sus Agencias, podra hacerlo durante el COMMUNICATIONS period noted on the periodo de Comentarios del Pdblico (Public agenda. Each person is allowed three (3) Communications) anunciado en la agenda. A cada minutes speaking time. A Spanish- speaking persona se le permite hablar por tres (3) minutos. Hay interpreter is available for your convenience. un interprete para su conveniencia. CITY COUNCIL SPECIAL MEETING — 5:30 P.M. CALL TO ORDER ROLL CALL: Council Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tem Susan Rubio and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERIC 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 D/R/GIRSE AL CONC/LIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REOUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar accidn en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] RECESS TO CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association; Un- represented employees; and part -time employees 2. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION (GC§54956.9(b)) One (1) Case 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR GC §54956.8 Properties: 8554 - 001 -900 14403 E. Pacific Avenue 8554 - 001 -901 14426 Ramona Blvd. 8554 - 001 -904 N/A 8554 - 001 -907 N/A 8554 - 001 -910 N/A 8554 - 001 -911 N/A Commission Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: ROEM Development Corporation Under Negotiation: Price and terms of payment REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting on September 13, 2012. ''Y' *� Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2"d Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960 -4011 Ext. 466 or e -mail rcaballero@baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) i : 1 0 1 g ffi a 1 September 1 11 PM Baldwin Park, l.i 1 Manuel Lozano - Mayor Susan Rubio - Mayor Pro Tern Marlen Garcia - Council Member Monica Garcia - Council Member Ricardo Pacheco - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdicci6n, Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Pdblico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. "j' cil , ., t. + ,r, ; i s t,,,e . ?NF a.�_ CITY COUNCIL REGULAR MEETING — 7:00 PM Members: Council _ Ricardo Pacheco, Mayor Pro Tem Susan Rubio and Mayor Manuel Lozano This is to announce, as required by Government Code section 54954.3, members of the City Council are also members of the Board of Directors of the Community Development Commission, Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $75 for attending the CDC meeting, $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. (NO STIPEND IS PAID IF MEETING IS CANCELLED) PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • SCE check presentation to the City of Baldwin Park (Michael Cook & Ahmad Solomon, SCE and Marisa Creter, SGVCOG) PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos serA el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may. 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.21 ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REOUIERE LOS SERVICIOS DEL INTERPRETE No se podra tome accion en algbn 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 declaracidnes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] City Council Agenda — September 19, 2012 Page 2 CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. CLAIM REJECTION Staff recommends City Council reject the claims of Julio Huayanca, Jose Sauza, Bryant Garcia, Jade Rivas, and Luis Rivas Jr. and direct staff to send the appropriate notice of rejection to claimants. 2. WARRANTS AND DEMANDS Staff recommends that the City Council receive and file Warrants and Demands. 3. TREASURER'S REPORT: JUNE AND JULY 2012 Staff recommends that the City Council receive and file the June and July 2012 Treasurer's Report. 4. APPROVAL OF AN AMENDMENT TO RESOLUTION 2012 -014 AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A CONTRACT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) UPON RECEIPT OF A TRANSPORTATION PLANNING GRANT (SAFE ROUTE TO SCHOOL) Staff recommends that the City Council adopt Resolution No. 2012 -014 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING STAFF TO ENTER INTO A CONTRACT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION UPON RECEIPT OF AN ENVIRONMENTAL JUSTICE PLANNING GRANT FROM THAT AGENCY." 5. SECOND READING OF ORDINANCE 1354 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SUBSECTION (J) OF SECTION 96.02 OF THE BALDWIN PARK MUNICIPAL CODE SECTION PERTAINING TO THE USE OF ALCOHOL AT THE ARTS AND RECREATION CENTER OR THE JULIA MCNEILL SENIOR CENTER. Staff recommends that the City Council adopt Ordinance 1354 on second reading, read by title only and waive any further reading thereof. 6. COMPREHENSIVE REPORT FOR PROCESS AND PROCEDURES OF FOOD TRUCK FUNDRAISER "TASTY THURSDAYS" AND THE SUCCESS OVER THE SUMMER MONTHS IN GENERATING ADDITIONAL FUNDS FOR ANNUAL SANTA CLOTHES PROGRAM. Staff recommends that the City Council receive and file. 7. RESOLUTION NO. 2012 -035 AUTHORIZING THE ADMINISTRATION OF A MASTER AGREEMENT AND EXECUTION OF PROGRAM SUPPLEMENTS FOR FEDERALLY AND /OR STATE FUNDED PROJECTS Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2012 -035 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO ADMINISTER THE EXISTING MASTER AGREEMENT AND TO EXECUTE PROGRAM SUPPLEMENTS FOR FEDERALLY AND /OR STATE FUNDED PROJECTS." City Council Agenda — September 19, 2012 Page 3 S. RESOLUTION NO. 2012 -036 AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO SUBMIT APPLICATIONS FOR RELATED AUTHORIZATIONS FOR THE OIL PAYMENT PROGRAM Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2012 -036 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO SUBMIT APPLICATIONS AND RELATED AUTHORIZATIONS." 9. ACCEPTANCE OF THE DELAMPING OF INTERNALLY ILLUMINATED STREET NAME SIGNS AND ENERGY EFFICIENT SAFETY LIGHT RETROFITS PROJECT, INSTALLED BY C.T. & F., INC. AND AUTHORIZATION TO RECORD THE NOTICE OF COMPLETION. Staff recommends that the City Council accept the installation /retrofit by CT &F, and authorize the recordation of a Notice of Completion. 10. CALPERS PUBLIC AGENCY REVIEW Staff recommends that the City Council receive and file the attached CALPERS Public Agency Review report and direct staff to continue to work with CALPERS in order to close any outstanding items. 11. REGULATIONS PERTAINING TO PERMITTING OF CARWASHES UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) Staff recommends that the City continue to allow the issuance of free car wash permits to charitable /non - profit agencies as allowed under NPDES in order to avoid penalties. -•- • fog 12. CONSIDERATION OF AN EXCLUSIVE NEGOTIATION AGREEMENT (ENA) WITH ROEM DEVELOPMENT CORPORATION FOR A PROPOSED TRANSIT - ORIENTED MIXED -USE DEVELOPMENT PROJECT BETWEEN RAMONA BLVD AND THE BALDWIN PARK CIVIC CENTER (RELATED TO ITEM UNDER SUCCESSOR AGENCY) Staff recommends the City Council and Successor Agency Board approve the proposed Exclusive Negotiation Agreement and authorize the Mayor to sign the Agreement. CITY COUNCIL ACTING AS SUCCESSOR AGENCY THE COMMUNITY DEVELOPMENT COMMISSION 13. CONSIDERATION OF AN EXCLUSIVE NEGOTIATION AGREEMENT (ENA) WITH ROEM DEVELOPMENT CORPORATION FOR A PROPOSED TRANSIT- ORIENTED MIXED -USE DEVELOPMENT PROJECT BETWEEN RAMONA BLVD AND THE BALDWIN PARK CIVIC CENTER (RELATED TO ITEM UNDER CITY COUNCIL AGENDA) Staff recommends the City Council and Successor Agency Board approve the proposed Exclusive Negotiation Agreement and authorize the Mayor to sign the Agreement. City Council Agenda — September 19, 2012 Page 4 COMMUNICATIONS Request by Councilmember Ricardo Pacheco for discussion and direction to staff on the following: • Prepare a Resolution in Support of the Trust Act. • Send letter of Support to Congresswoman Judy Chu to eliminate Hazing in the military. • Request the Department of Parks and Recreation to prepare a report evaluating options for grants or other funding through private public partnerships with the Baldwin Park non-profit Soccer league for Construction of a state-of-the-art energy-efficient Soccer Center complex in the city of Baldwin Park. This request is in line with the City's health cities initiatives and lack of sufficient Soccer centers throughout the City and the San Gabriel Valley. Coordinate with our local utility partners (SCE, SCG, VCWD, WM) to provide envIrWnmentnII y sustainable equipment grants. • Request the Code Enforcement Division to provide a Strategic execution and implementation plan on prioritizing blighted bank owned homes throughout the city with input from city attorney on enforcement options and present plan by the first meeting in November. • Request the Police Department provide the City Council a report on the effectiveness of the recently revised city procedures and policy for vehicle impounds, sobriety /drivers license checkpoints and traffic stops by the next council meeting with option for the city council to review and consider any changes. Request by Mayor Manuel Lozano for discussion on the following: • Housing Development Proposal "Big Dalton". F-ITI-X41 F= I IT, 140 11111 CERTIFICATION 1, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 13 day of September, 2012. Alejandra Avila City Clerk City Council Agenda — September 19, 2012 Page 5 PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960 -4011, Ext. 466 or via e -mail at rcaballero @baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) City Council Agenda - September 19, 2012 M. A- R- K TO: FROM: DATE: This report requests the City Council reject the Claims for Damages to Person or Property received for filing against the City. In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of a motion and that the claimants are sent written notification of said action. Staff recommends City Council reject the claim of Julio Huayanca, Jose Sauza, Bryant Garcia, and Jade and Luis Rivas Jr. and direct staff to send the appropriate notice of rejection to claimant. Attachment(s) Claim filed by: • Huayanca, Julio • Sauza, Jose • Garcia, Bryant • Rivas, Jade (minor) • Rivas, Luis Jr. Baldwin Park CA 91706 Tel.: (626) 813-5204 WILSHIRE LAW FIRM, PLC Bobby Saadian, Esq., JD/MBA 3055 Wilshire Blvd. 12 1h Floor Nai Alamo Hecht, Esq.* Los Angeles, CA 90010 Tel: (213) 381-9988 Fax: (213) 381-9989 September 10, 2012 RE: Our Client Julio Huayanca Your insured City of Baldwin Park Claim Number unassigned Date of Loss 8/27/2012 Your Employee Taurino Cortez Barba Dear Risk Management Dept.: *Member of American Board of Trial Advocates :C C: C-) This firm has been retained by the above client to pursue a bodily injury and property damage claim against your insured. Pursuant to §2695.7 [Standards for Prompt Fair and Equitable Settlements § (b)], upon receivinA proof of claim, every insurer shall immediately, but in no event more than forty (40) calendar da later, accept or deny the claim in whole or in part, and affirm or deny liability. i Please refrain from contacting our client, and refer all documents and correspondences to the attention of the undersigned. ALL PAYMENTS made to any individual, or entity regarding this accident, including but not limited to property damage and/or bodily injury, must bear our name as co-payee as we do maintain a lien on this claim. If your client carries medical payment coverage, Please submit proof of medical Payments coverage and the amounts thereof in writing to our office immediately. If your client carries Medical Payment coverage, you are requested not !2 pAy � medical provider (s) directly, Any and all assignments of med- _ pay benefits to medical provider(s) are hereby null and void. Med-pay checks must be made payable to our respective client(s) and our office as co-payee, and sent to our office. It is requested that you contact this office at your earliest convenience to discuss this matter further. Very truly yours, A Mai,-L& Svar&z I gnx ynt ': Enclosure: Claim for Damages, Designation of attorney, Police Report Page 1 of 1 rr CITY OF BALDWIN PARK ,AR DAMAGES P X I'. k TO PERSON OR PROPERTY INSTRUCTIONS 1. READ CLAIM THOROUGHLY. 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 3. THIS FORM MUST BE SIGNED. 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 91706 WARNING • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) Clerk's Official Filing Stamp To: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) .r t Da t 1. Name of Claimant _ 5. Claimant's Occupation 2. Home Address of Claimant e 6. Home Telephone Number , 3. Business Address of Claimant 7. Business Telephone Number -5C s tk t 4 Sk tcc olm 1.1- . t oo f t cl nog tw,x 2 l -�)) ' i -. 9 8. Name and address to which you desire notices or communications to be sent regarding this claim: Ntj + l ilt re, 1 v- ryl 9. When did DAMAGE or INJURY occur? 1 . Names of any City employees involved in INJURY or DAMAGE: Date: 093 °B- Time: N" Name Department If claim is for Equitable Indemnity, give date claimant 1 AtA700 f f A '-, -, N,Ay�) -VeLgn served with complaint: c. 11. @@ppW $ here (did DAMAGE / or( INJURY occur? g /Fg( g /( E� pE�p} py! 9E d(g g{ ]/ I i\ t C® - 6; Lk 5 ( y,,-n .. +'°t �i C)n6t NV 1J b cv;af 4 !Y'1UCi -LA 4 � oltrlkholy Y 12. Describe in detail how the DAMAGE or INJURY occurred. 13. Were police or paramedics called? Yes E( No ❑ 14. 'If physician was visited'due to injury, include date of first visit and physician's If yes, was a report filed? Yes l No ❑ ame, address and phone number: � t� °fit __ If yes, what is the Report No? 0- - sal 4,`5 ' � 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific - Use additional sheet if necessa ) 15. List damages incurred to date? Pill 16. Total amount of claim to date: $ I't 0 V1 Basis for Computation: Limited Civil Case: ❑ Yes No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages: (146(i6fl Basis for Computation:, ' 4 iLd ure- MwAiaz . I L x ,u '. o s�,cs, i 18. Witnesses to DAMAGE or INJURY: List all persons and laddresses of persons known to have information: Name . r L o- Address " t ( i t tin a v Phone / — Name ! Address C Phone VA CIA 19. Signature of Claim pt or person'filing on claimant's behalf; relationship to claimant and date: /hereby certify (drdeceJ under penalty ofpe jury under the laws of the state of California that the foregoing is true and correct to the best of my knowledge Relationship to CI imant Printed Narrfe Date Presentation of a false claim is a felony (Penal Code Section 72) CC Form 1 (Rev 7106) CITY AL I A FS e BALI: WIN CLAIM R DAMAGES �¢ CI7'r' t�� YES MAN RF.So T PERSON PROPERTY .�. INSTRUCTIONS 1' "M t tp 1. READ CLAIM THOROUGHLY. 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. AUG rk f 'a a 3. THIS FORM MUST BE SIGNED. Filing to p g 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403E. PACIFIC AVE., BALDWIN PARK, CA 91706 WARNING • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 91 1.2) • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 91 1.2) TO: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) 1. Name of Claimant 5. ,Claimant's Occupation 2. Home Address of Claimant 16. Home Telepho`rr Numb mr s 9 l B.P. A q170b a a� i 3. Business Address of Claimant 7. Business Telephone Number 5 8. Name and address to which you desire notices or communications to be sent regarding this claim: ql(-C( � 9. When did DAMAGE or INJURY occur? 10. Names of any City employees involved in INJURY or DAMAG Date: �)(c 9 Time: 11.'3 s'RO Name Depa If claim is for Equitable Indemnity, give date claimant served with complaint: 11, Where did DAMAGE or INJURY occur? o -ISF BS1. Ca ®'70 12. Describe in detail how the DAMAGE or INJURY occurred. j ;;ry�eP 13. Were police or paramedics called? Yes ❑ No 14. If physician was visited due to injury, include date of first visit and physician's If yes, was a report filed? Yes No El name, address and phone number: If yes wh t is the Report NP? � � c, t � t ?VC, wile t 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific - Use additional sheet if necessary) eiS 15. List dams es incurred to date? 'N is 16. Total amount of claim to date: $ Basis for Computation: Limited Civil Case: ❑ Yes ❑ No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages: $50(6.j 6 Basis for Computation: � 3A9, e atet r �^ 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name -11�'- n 6'iid'c-liY Address 1.5C79 AlXrr ST C4 Phone -&'7SS6 � Name Address Phone 19. Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date: I hereby ertify (or declare) under penalty of perjury under the laws of the state of California that the foregoing is true and correct to the best of my knowledge. Sin ture Relationship to Claimant Printed Name Date Note: Presentation of a false claim is a felony (Penal Code Section 72) CC Form 1 (Rev 7/06) f':WSE'RI.M S "A'A,, - sfr:aizvx, P,os;ad'-.-: & r *-r rs,,C. wm to, i7xrrwps.x F CM R., 7.0f).4- CITY OF BALDWIN PARK via I R11., 4. Claimant's Date of Birth (if a m n4r BALD WIN CLAIM FOR DAMAGES K TO PERSON OR PROPERTY CITY OF BAI 4 VIN PARK, INSTRUCTIONS HUMAN RESO JRCEStEPT, �s bEPT �E 1. READ CLAIM THOROUGHLY. REC VIED VIED 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. C rk's Official Clerk's Official 3. THIS FORM MUST BE SIGNED. 20129AIV�62 I PH ling Stamp PH 5: A'Inq Stamp 5. 5 4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 8. Name and address to which you desire notices or communications to be sent regarding this claim: `5121 Z4.,7 IV e •P rl�, 7 eq � WARNING 10. Names of any City employees involved in INJURY or DAMAGE: • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED Name Department NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE served with complaint: t"O r4l OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) A('-E 11. Where did DAMA- or INJURY oQcur? ree 5-1 olejr 0?'—' <—,-4V� /olk A06POI15 J?M4 To: City of Baldwin Park 4. Claimant's Date of Birth (if a m n4r 1. Name of Claimant 5. Claimant's Occupation 2. Home Address of ClaimanO_ 6. Home Telephone Number 6eo 3. Business Address of Claimant 7. Business Telephone Number I2.6 25 F'51*57-1 8. Name and address to which you desire notices or communications to be sent regarding this claim: `5121 Z4.,7 IV e •P rl�, 7 eq � 9. When rAGP.or INJURY occur? ,, did D I 10. Names of any City employees involved in INJURY or DAMAGE: Date: , f L-1 Time:. aakyi —7-i Name Department If claim is r Eclu t table Indemnity, give date claimant served with complaint: t"O r4l A('-E 11. Where did DAMA- or INJURY oQcur? ree 5-1 olejr 0?'—' <—,-4V� /olk A06POI15 J?M4 12. Descri il e in detail how t e DAMAGE or INJURY occurred. Ikee �edl t24 �op orror- e4n a/ 60 elelifAl 64Mo ed 1 13. Were police or paramedics called? Yes No El 0 14. If ph�sician was vAited due to injury include date of first �isit and physician's name, address and phone number: If yes, was a report filed? Yes ;9 No El If yes, what is the Report No? 72R: 17,- 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific — Use additional sheet if necessary) �vee 15 a( m f l e Ailh, haves jjo� hem ij mqlnie-7l,4eJ 14,- J(eaV5- 15. List damages incurred to date? �ead -1-ree /r h-1 AF// ep-1 Yom Al ,JA 12 e 16. Total amount of claim to date: $ > '7 e-/ Basis for Computation: Limited Civil Case: F-1 Yes ❑ No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages: $ f -7q0• WBasis for Computation: 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: 6;b �1/1 —/20 Name 62 Ye PeZAddress / sly aY7 ee �1,1 Phone �ff OW Name lel/ I krl4r—Address n15-- 5vV,4jy7--e /R-t- Phone 19. Signature of ai ant or person filin re, claimant's behalf; relationship to claimant and date: hereby ce (or eclare under penalt jury under the laws of the state of California that the foregoing is true and correct to the best of my knowledge, no art" Az hd ignat Relationship to Claimant P r, t Name Date k--- Note: Presentation of a false claim is a felony (Penal Code Section 72) CC F'orm 1 (Rev 7/06) 10 a I. 1 A I IV 11 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JADE RIVAS; Claimant, CLAIM FOR DAMAGES CLAIMANT, Jade Rivas, hereby makes a claim against the STATE OF I HA6 Mo nths\Jade Rivas Jr.NO red fight.wpd I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (CALTRANS) BOARD OF CONTROL, COUNTY OF LOS ANGELES, CITY OF BALDWIN PARK (hereinafter collectively referred to herein as "GOVERNMENTAL ENTITIES"), and makes the following statements in support of CLAIMANT'S claim: Stevan B. Wolter The Law Offices of Larry H. Parker, Inc. 350 E. San Antonio Drive Long Beach, CA 90807-0948 6. The Circumstances Giving Rise To This Action Are As Follows: CLAIMANT Jade Rivas, was a pedestrian walking across the street when he IMF 1 1 ROADWAY, owned, designed, constructed, maintained, supervised, repaired, invited and encouraged to be used by the aforementioned GOVERNMENTAL ENTITIES, which caused him to suffer serious injuries as described herein. I /// It is CLAIMANT'S contention that dangerous conditions existed • the SUBJECT ROADWAY and the GOVERNMENTAL ENTITIES created the dangerous conditions • had actual and constructive notice • same. Said dangerous conditions include, but are HA6 Months\JadeRivas Jr.NO red light.wpill N IAN 1 2 3 4 5 6 7 8 9 in 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. Failing to install appropriate traffic control devices, including signs, signals, lights, road markers, striping, and the like; failure to install The conduct of the GOVERNMENTAL ENTITIES, and each of them, caused a dangerous condition that created a substantial risk of the type of injuries hereinafter alleged when the SUBJECT ROADWAY was used with due care in a manner in which it was reasonably foreseeable that it would be used. On Tuesday, February 14, 2012, and at all times prior thereto, the above described public property was in a dangerous and hazardous condition that created a substantial risk of the type of injuries herein alleged when the property was used with due care in a manner that was reasonably foreseeable. The GOVERNMENTAL ENTITIES, and each of them at all times, had actual HA6 Months\J ade Rivas Jr.NO red light.wpd M 21 10 11 12 13 14 15 16 17 H 19 20 21 22 23 24 25 26 27 28 ! I I HIM= 11111 � 111111111111111111111111111111111111!11 1,1!111!1 ME=* As a proximate result of the subject accident, CLAIMANT suffered serious personal injuries in a sum in excess of the jurisdictional minimum of this court. 8. The Names of The Public Employees Causing The Injury Damage or Loss: Unknown at this time. 9. The Amount Claimed Together With The Basis Of Computation: As a result of said defects and the conduct of said defendants, and each of them, I and the personal injuries to claimant, CLAIMANT has incurred medical and other related expenses, and other losses, in a sum within the jurisdictional limits of the Superior Court. HA6 Months\JadeRivas Jr.NO red light.wpd W I. 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I (SPACE BELOW FOR FILE STAMP ONLY) I LUIS RIVAS, JR.; Claimant, LEWBROM A A rtrelyJA N il 11711 A I! I CLAIM FOR DAMAGES CLAIMANT, Luis Rivas, Jr., hereby makes a claim against the STATE OF I H:\6 Month s\Lu is Rivas Jr.NO red light.wpd H 1 2 3 4 5 6 7 8 9 sn IV 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (CALTRANS) BOARD OF CONTROL, COUNTY OF LOS ANGELES, CITY OF BALDWIN PARK (hereinafter collectively referred to herein as "GOVERNMENTAL ENTITIES"), and makes the following statements in support of CLAIMANT'S claim: Stevan B. Wolter The Law Offices of Larry H. Parker, Inc. 350 E. San Antonio Drive Long Beach, CA 90807-0948 6. The Circumstances Giving Rise To This Action Are As Follows: CLAIMANT Luis Rivas, Jr., was a pedestrian walking across the street when he became involved in an accident due to the dangerous condition of the SUBJECT ROADWAY, owned, designed, constructed, maintained, supervised, repaired, invited and encouraged to be used by the aforementioned GOVERNMENTAL ENTITIES, which caused him to suffer serious injuries as described herein. I /// It is CLAIMANT'S contention that dangerous conditions existed on the SUBJECT ROADWAY and the GOVERNMENTAL ENTITIES created the dangerous conditions or had actual and constructive notice • same. Said dangerous conditions include, but are ffITSTIMEWS HA6 MonthsluisRivas Jr.NO red lightmpd -2- 1 2 3 4 5 6 7 8 9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and controls; C. The roadway is designed, constructed, and maintained in such a tianner as to obstruct and interfere with the safe operation of vehicles; D. The roadway was improperly maintained, inspected, surfaced, striped, contoured, signed, regulated, monitored, signaled and controlled by GOVERNMENTAL ENTITIES' employees, thereby interfering with the safe operation of motor vehicles; E. The posted speed limit on the SUBJECT ROADWAY is excessive, thereby creating a hazard to vehicles and increasing the potential for operators to lose control; F. The absence of any or adequate warnings of the aforementioned conditions and other hazards to motorists on the roadway; G. Knew the route was dangerous because of the frequency of accidents at the place of incident and invited and/or encouraged to use the route on a daily basis; H. Knew the route was commonly used by on a daily basis and invited and/or encouraged motorist to use the route • a daily basis. 7. Description • the Incident, Obligation, Inju[y, Damage • Loss Incurred: At all times herein mentioned, the GOVERNMENTAL ENTITIES, and each of them, HA6 Months\LuisRivas Jr.NO red lightmpd In r 14011-Wil I J1 =01 M PAI 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 knew the route was dangerous, which directly affected the amount and/or invited and/or encouraged to use the SUBJECT ROADWAY on a daily basis, type, direction and speed of At said time and place, the GOVERNMENTAL ENTITIES, by and through their employees, agents, servants, and independent contractors, proximately caused the injurie and damages as hereafter mentioned to CLAIMANT by negligently, wantonly, recklessly, I including, but not limited to, the geometric design, design controls, access controls, traffic controls, warning devices, topography and physical features, knowledge of the frequency of accidents at the place of the incident and knew the route was dangerous and by inviting and/or encouraging the use of the SUBJECT ROADWAY; B. Supervising, controlling, contracting, inspecting, repairing, maintaining, monitoring, and working on or at the SUBJECT ROADWAY with regard to design configurations, geometrics, sight distances, absence of traffic control devices and warning devices, the presence of certain topography, vegetation, shrubbery, appurtenances, physical features, construction equipment used on or adjacent to the SUBJECT ROADWAY which created a dangerous condition which was not reasonably apparent to prudent motorists. C. controlling, testing, - Designing, constructing, owning, supervising, c entrusting, permitting, managing, maintaining, servicing, repairing, inspecting and operating the SUBJECT ROADWAY so as to cause, permit, and allow dangerous, defective and unsafe conditions at the accident site to exist. HA6 Months\LuisRivas Jr.NO red fightmpd -4- 1 2 3 4 5 6 7 8 9 IV 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Failing to install appropriate traffic control devices, including signs, signals, lights, road markers, striping, and the like; failure to install dangerous condition that created a substantial risk of the type of injuries hereinafter alleged when the SUBJECT ROADWAY was used with due care in a manner in which it was reasonably foreseeable that it would be used. • Tuesday, February 14, 2012, and at all times prior thereto, the above described public property was in a dangerous and hazardous condition that created a substantial risk of the type of injuries herein alleged when the property was used with due care in a manner that was reasonably foreseeable. 11111111111111 lig I!!!, iiiiii'llilli 11��1111111111111 l�� 11111111 pill", I'll "It 111111111111 knowledge • the existence • the dangerous conditions • the S#BJECTT'•. #',!"TTAT 'an,# knew, or should have known, of its dangerous character a sufficient period of time prior to the injuries to have taken measures to protect against the dangerous conditions in that, and not by way of limitation, GOVERNMENTAL ENTITIES knew the SUBJECT ROADWAY was commonly used • motorist, knew the route was dangerous and/or -ncouraged drivers to use it • a daily basis, knew of the occurrence • previous, similar accidents at or near the accident site; received, or were aware of reports, complaints, MI claims and notices to GOVERNMENTAL ENTITIES advising them of the dangerous HA6 Months\LuisRivas Jr.NO red light.wpd M 1114WAI&I'9101 I 2 3 4 5 1 7 8 9 io 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 At the aforementioned time and place, Luis Rivas Jr. was a pedestrian walkirz southbound on Big Dalton Avenue when do to the dangerous condition of the subject roadway he was injured. All as a proximate result of the existence of the aforementioned dangerous conditions and negligence of the aforementioned GOVERNMENTAL ENTITIES, (A copy of the Traffic Collision Report is attached hereto as "Exhibit A") As a proximate result of the subject accident, CLAIMANT suffered serious personal � injuries in a sum in excess of the jurisdictional minimum of this court. 8. The Names of The Public Employees Causing The Injury Damage or Loss: Unknown at this time. 9. The Amount Claimed Together With The Basis Of Computation: As a result of said defects and the conduct of said defendants, and each of them, and the personal injuries to claimant, CLAIMANT has incurred medical and other related expenses, and other losses, in a sum within the jurisdictional limits of the Superior Court. DATED: July 25, 2012 9-T—EVAN B. WOLTER, A Member of the LAW OFFICES OF LARRY H. PARKER, INC. Attorneys for Claimant HA6 Months\LuisRivas Jr.N0 red fight-wpd M BAMWIN --------- - ---- -- T) . A I T� . V TO: FROM: DATE: SUBJECT: SEP 19 CITY OF BALDWIN PARKITEM N I . STAFF REPORT Lorena Quijano, Finance Director f— September 19, 2012 ouncil Z) The purpose of this report is for the City Council to ratify the payment of Warrants and Demands against the City of Baldwin Park. BACKGROUND AND DISCUSSION: The attached Claims and Demands report format meets the required information in accordance with the Government Code. Staff reviews requests for expenditures for budgetary approval and for authorization from the department head or its designee. The report provides information on payments released since the previous City Council meeting, the following is a summary of the payments released: 1. The two payrolls of the City of Baldwin Park consisting of check numbers 194955 - 195014 Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 223850 — 224405 for the period of August 08, 2012 through Sept 01, 2012 inclusive; these are presented and hereby ratified, in the amount of $765,555.57. 2. General Warrants, including check numbers 192166 tol 92339 inclusive, in the total amount of $1,985,515.16 constituting claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. Pursuant to Section 37208 of the Government Code, the Chief Fxerutive Officer or designee does hereby certify to the accuracy of the demands hereinafter referred to and to the availability of funds for payment thereof. Staff recommends City Council ratify the attached Warrants and Demands. 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O H J1 OJ H !-' H H W O O O OJ O co O c0 O 0 O N O W O m O W O m O co N N O co ID 000\ 0000\ o \ 0\ o\ 0\ 0\ C) o\ o\ o�. 000\ i H i I H I 1 1 I H i H d H N I H i H 1 H H !-' U{ t O H N H p p O O O N N O N O O O N 0 0 0 O O O O O O O O v O \o w o O O O O 0 0 0 O I 1 I O I I 0 I O I O I lI D l0 O i I i Ul H Ui (n 1 i I I (Ji U'I Ul (fi 1 I i N N N N N N N N N N N N Ul lIt N W O H w 00 0 W W W w o N N N H N {-' N H N H N H N H N H N H N H N H O O H O W N O W H N W W W W Ui In cn In H Ui H Ln H Ul H Ui H m H Ul H 0 H Ul H UI H N N N O Ln J O Ul O A Ut U1 Ui Ul ,A lA 1A rA 41 A A lA .A A rA A A rA IA 1A A ,A rP A A al ,A N N H H O m H o o U1 O o O o In 00 O FP O ,P O O ,A O �A O lA O A O� O W O IA O w O to i Ui i I 1 10 1 I 1 1 10 I 1 m 1 N i O 1 H i W i CO i rA i Ul I t0 1 �j I 1 I lIl H O H H H H H H 0 0 0 O O O O O O a O O o o O H o H H H H H O O O o o O o O O O O O O O o 0 0 m 0 w o o o o O O O O 0 0 0 0 0 O o O 0 0 0 O O O co p o o p O o 0 0 0 o a O o a o 0 0 0 0 H O m N N N N N 0 0 O O I O I O i O I O I O 1 O I O i O 1 O O O i 1 1 I I 1 1 1 I i 1 I I C H Ci mmnH inn n P P n n n n n n rn nm nO nnGo ?oown0 R R R o R O R O R o R, o Rio R'O R O R'O RO mm G n a t7 d b b b a d b b d d 10 H H d x H--( Cow NNN7J W H W HC HC HH H'T7 iA '+] W� n Hx OOaC W W W O W O N H xP n A m w m H G) C n7 % z 'o Uo 0 0 z co J J J W m'i A N 'o H Ci to m O C H r N Cy H H H C m r H m Jy H 7 h7 H W W w m lA 'D, w to H N x A L rA p H H 0 H o U1 N N N H m n I H n 7 z N m m H to a W > 6 n w ro ro H nz >CCm co m c mC x U m t^ H Ili to 0cnIn a Ll 3?30 X70 I-cm cn n H n0 x w T� z rororo� -tt �tz n oy na m On a Oooa zzzz ra dm C m n >z n >C 711 o -ik NG7 HHHH \x �H n m nn yaan off nz 0 0 0 m> H� tnn nz 3 H> mmm HC zz G> ;a P; '110 x�1 mC I 1 H H Q .d z z .o 7J ;U 'rT1 3 Zi n U) .'b I-C H m ro m � C �;>y b x7 na mmmJy CJ to H 2N 0(n 13 \ :3: K IC K H ro H w (o > n �d G in to 0 C 3 O C �d c C I✓ z CTJ' F.{ H CCCC xPi 0 m C co n C) mM:T7m m O M HO t C > ro ny b ;d 0 O H m C7 UJ C (n ro N N N N N N N N N N H N U) n H o 0 0 m to m m m 'A co � y n Z n 000 -j H H o w H o O v 3 n x m rn m m N co .A a N z �o x m co m w O m � y n H 4 ti n r IC IC Q0 \ N N N n nx \ m Cn x C H n n x H m n yc z x a o x mmC .. ne x� � H H a ��z co co o) m H H U) rb � F-3 P! r7 H tit U) to n N rro W H W ro c (0 H z zo z 3 C�7 z c O n m #* ro n m w z `P O Ul O H H O 1110 G m O m O C m O m H\ H\ O O\ N\ I N I N I N I N H 0 0 01 � O\ O\ 0 0 \ O\ H H H H H N O N Ol Ql N 01 N A C H H N H O O O H 1 I N n Ul Ul W O N H W W O H O W J W H H H O H J N iA W .A O O H O m O W W Ul O O H H m ip I H 1 1 W I H H O H O O H O Ol O O Ul O H O O O O m O O N O Ul O O w G O m H\ t N ID O \ I H O N C O I N O w IA N H m H N m H dl N N N N H H N H H O Ut ;,`i L. U'. C C N O C m N N N N O O N O O\ I I I I I I I I I N O<D 0 0 O O D G 0 Ol Ol 0 �D O O O G O O \ Ol c, C, O1 N N M N M N W N W N W N N W N N O O O O O C O 0 0 1!! 1 1 1 1 1 1 w w w w w w w w ill w w w w w w w w w o H H H H H H H H H O O O O O O O O O C C O o 0 0 O O O O O I �J o O O O O O O C I O O O O C O O O O O O 000000000 000000000 O O O O O O O o o Ul O H O Ui O O m O m O m H\ o\ H\ t N N 1 N O \ O \ O \ H O N O N O N O O O C O O I N N O N H N H W O m H w H N W O A W P Ol m N un W P � O 1 � O O O O O O O O o O O O O O O Ul Ll H O O G O m HHO\ I I N C) Ol 0 0 <D \ H O O N O O w W O O O I N N S N N w O w w H O N N O O m m O iA I 1 I N O C O O C C O O O C O O O O O 1�1 a C m N \ 1 N O\ lO o \ i H Q\ N N H N H O H J O O H co i m m W O O H HO I- OOm c O O \ C 1 N O H m H G O \ c 1 H O H N H O O C O O O I i V u � - H W O W O w m w C U1 J Ul H O N O I I O O H H O H H O O O O O O O Ol H N H N N N H N N N N N N N N N H N H H H N N H N N In-IY [�=7O �o H nc 13c ',,roy� �> CC >CCO �O 11 0 �O 00tt1l � o 010 1-1 cr'] H H 0x7 xo cn x7 x7 xi x7 m m x7 w H z H xxr H t7 xo n C x n x xxxxnnxnn I=7 t7 x x3H z ca w cow tii Hto �w Hw n n n n HH cnHHw O v > w> z C> HH nt7x ro "1 17) t=1 co �� xo 7d :u x7 x7 x73 Hr r z�xH t-]0 13 H0 M On n> to r In t, 1 H xxxxHHxHHm xt�l x5 n'i HH ;o z I Cr7Z xo :n r1-3 HIT1(7 xtJ m- �p;rl 0 nn crud H rx7 13Hn7G] m n3H 3'rl mx7 ZC1l s,' � n HHHH'Jy >H>>',' H T c17 h7 C+7 ICF-00 x7 n b U)xo bH Gi t+l JH '"�7 '?-,z z'zirr zrr '"+7n �C7 ,T7 CO n.d mH� H H N z \z o HHHH H m o q zo nn tam t7 m z f -{ 77m H xlco cnu] cncnr x7 0 H HHHa H HAG] 3 rH 2i U) mC�10 m10 H ro Ili ro Ili C c10( Cc M z xo�o sr� H t-7 0 > m xY I > Ic7C 000010 lr7 Oro 10 n I-C co C5 a � 0 JxJ lD Hcn z 3:n mxi u x7 x7 x7 x7ro10 �o10 roH Q f, H x7 '1 n\n Hri7 t 0 ti7 HH HHHHrrHrrx7 C;n cn til 00 co Cs]H x7HH Ul [T] xo t+7 x xo H u Q H H H H H H H H H H H n Z m 7.. m xo r N x C 10 m C mx t 0000 m m 0 m m n xc�l m Ili 13 13 r xH 0 r \ ZZZ�cocoZcnco w C 0� HH n H nH t�1 n cn z H N 0, 7 n x N H n O 0 d n N cn H rod x co z x7 m t� m H n 0 m x x m O O r Ul N H H u IP N co co co co co cn to U] Ol N N lD 1O m H .P H N N H N lD N N N N N N 1 I H N H l0 O Ol n N l0 I I cn Ul Ul J J J J J J N N J Ul m O O O J m W W H Ul O J J J J J J J J m m m H lD Ul Ul xo H J Ul Ul Ul rP N H J J N o to m J J m W N H �D w w N W rP IP N Ul J H J H \ n m J m O O H H w IP rP IP H H lD O .A W rP to . . . m Ul O O O O Cl 0 0 0 0 0 0 0 00 Ul H H H H H H O C \ H H H N n c] x \r rn x nd n13 H H ts] n n x H LYJ fy z x t7 0 O0 7 n n mt�r .. d � H H x7 N Ca ] 10 U] Ol H 'fJ Ol Ul x7 4t r-Ix d � m H w � n N :O w H W ro C �D yz z O 3 Cz7 ?7 M 10 n ca H 0 O ' n H H H H H H H H H H H H x �D e� N N N N N N N N N N N N n O\ Ol 01 O Ol N Ul V1 Ul Ul w Ul IA W N 1- O iD N J O1 Ul al I I 1 I Q �x .1 n J Ul H H N {/) lD Ut lam .A N N N H In 61 N Ol J m N O Y v - O H Ul Z/} r� vT O H H Y V} H W IA N H v ? IP H H Ol O {/p W �v f W iJ O Ul ! O Ul W Z, lG O m N i) m fA O N Gl O aU O O U. J O Cl) W l0 �D m �D m W Gl W C U to .P P O O lD O\ m 3 c O O x Ui CS Ol U1 iD Y - - O iJ O 1 W m O O 0 0 0 O O O Cl .P J O W J N .A O lO Y m H O O 0 0 C L W N J O m O J O W c O O O m m O O J J I .A `P O Ul O H H O 1110 G m O m O C m O m H\ H\ O O\ N\ I N I N I N I N H 0 0 01 � O\ O\ 0 0 \ O\ H H H H H N O N Ol Ql N 01 N A C H H N H O O O H 1 I N n Ul Ul W O N H W W O H O W J W H H H O H J N iA W .A O O H O m O W W Ul O O H H m ip I H 1 1 W I H H O H O O H O Ol O O Ul O H O O O O m O O N O Ul O O w G O m H\ t N ID O \ I H O N C O I N O w IA N H m H N m H dl N N N N H H N H H O Ut ;,`i L. U'. C C N O C m N N N N O O N O O\ I I I I I I I I I N O<D 0 0 O O D G 0 Ol Ol 0 �D O O O G O O \ Ol c, C, O1 N N M N M N W N W N W N N W N N O O O O O C O 0 0 1!! 1 1 1 1 1 1 w w w w w w w w ill w w w w w w w w w o H H H H H H H H H O O O O O O O O O C C O o 0 0 O O O O O I �J o O O O O O O C I O O O O C O O O O O O 000000000 000000000 O O O O O O O o o Ul O H O Ui O O m O m O m H\ o\ H\ t N N 1 N O \ O \ O \ H O N O N O N O O O C O O I N N O N H N H W O m H w H N W O A W P Ol m N un W P � O 1 � O O O O O O O O o O O O O O O Ul Ll H O O G O m HHO\ I I N C) Ol 0 0 <D \ H O O N O O w W O O O I N N S N N w O w w H O N N O O m m O iA I 1 I N O C O O C C O O O C O O O O O 1�1 a C m N \ 1 N O\ lO o \ i H Q\ N N H N H O H J O O H co i m m W O O H HO I- OOm c O O \ C 1 N O H m H G O \ c 1 H O H N H O O C O O O I i V u � - H W O W O w m w C U1 J Ul H O N O I I O O H H O H H O O O O O O O Ol H N H N N N H N N N N N N N N N H N H H H N N H N N In-IY [�=7O �o H nc 13c ',,roy� �> CC >CCO �O 11 0 �O 00tt1l � o 010 1-1 cr'] H H 0x7 xo cn x7 x7 xi x7 m m x7 w H z H xxr H t7 xo n C x n x xxxxnnxnn I=7 t7 x x3H z ca w cow tii Hto �w Hw n n n n HH cnHHw O v > w> z C> HH nt7x ro "1 17) t=1 co �� xo 7d :u x7 x7 x73 Hr r z�xH t-]0 13 H0 M On n> to r In t, 1 H xxxxHHxHHm xt�l x5 n'i HH ;o z I Cr7Z xo :n r1-3 HIT1(7 xtJ m- �p;rl 0 nn crud H rx7 13Hn7G] m n3H 3'rl mx7 ZC1l s,' � n HHHH'Jy >H>>',' H T c17 h7 C+7 ICF-00 x7 n b U)xo bH Gi t+l JH '"�7 '?-,z z'zirr zrr '"+7n �C7 ,T7 CO n.d mH� H H N z \z o HHHH H m o q zo nn tam t7 m z f -{ 77m H xlco cnu] cncnr x7 0 H HHHa H HAG] 3 rH 2i U) mC�10 m10 H ro Ili ro Ili C c10( Cc M z xo�o sr� H t-7 0 > m xY I > Ic7C 000010 lr7 Oro 10 n I-C co C5 a � 0 JxJ lD Hcn z 3:n mxi u x7 x7 x7 x7ro10 �o10 roH Q f, H x7 '1 n\n Hri7 t 0 ti7 HH HHHHrrHrrx7 C;n cn til 00 co Cs]H x7HH Ul [T] xo t+7 x xo H u Q H H H H H H H H H H H n Z m 7.. m xo r N x C 10 m C mx t 0000 m m 0 m m n xc�l m Ili 13 13 r xH 0 r \ ZZZ�cocoZcnco w C 0� HH n H nH t�1 n cn z H N 0, 7 n x N H n O 0 d n N cn H rod x co z x7 m t� m H n 0 m x x m O O r Ul N H H u IP N co co co co co cn to U] Ol N N lD 1O m H .P H N N H N lD N N N N N N 1 I H N H l0 O Ol n N l0 I I cn Ul Ul J J J J J J N N J Ul m O O O J m W W H Ul O J J J J J J J J m m m H lD Ul Ul xo H J Ul Ul Ul rP N H J J N o to m J J m W N H �D w w N W rP IP N Ul J H J H \ n m J m O O H H w IP rP IP H H lD O .A W rP to . . . m Ul O O O O Cl 0 0 0 0 0 0 0 00 Ul H H H H H H O C \ H H H N n c] x \r rn x nd n13 H H ts] n n x H LYJ fy z x t7 0 O0 7 n n mt�r .. d � H H x7 N Ca ] 10 U] Ol H 'fJ Ol Ul x7 4t r-Ix d � m H w � n N :O w H W ro C �D yz z O 3 Cz7 ?7 M 10 n ca H 0 I O W N O 00 No 0 m O N N O O Gl W N\ H O\ H\ O\ N N N N Ol � to to lD O) �o Cl lD O! 0 0\ O\ O\ H H H H G1 N tP �. N O N G1 N N I°t N O H H 0 0 O O I i I cn W O H F' o N H H C H w H H O W O H O O Co O O J W� O w O J H H �o W H H W O J a H H O H O H m O lP O J H O J O Ul to 0 C O O O O O O Ul N O tP m tP \ I N ! H O1 N O l H O H N O W O Ui H co /n Ul ID O N O O O lTl \ I N W lD \ O Ul W H N H O Ul O O N O O 0 O Y H O H O H O O P co O W O 03 O O \ O \ O \ l t N ! N I N Ol C) lD H �D 01 lD P O \ O \ 0 \ H H l H m m N H N D N cn H O O O O W W H W O W H H H H W 07 H H O O to J J O W O O N O N O J 1 U MM I ID O O O O O O O O O O O O 00 0 0 O O O O N O (.n co H \ ! N Ul to 0 \ ! H U) N N 0 I m N H H H O o O .P H co D) w N N O � Co N \ N U1 lD O \ H (P N N O I U W H H O O to O CO H m cn w m w ,o to to rA >o tP to O Y O H O C O O O O O O O O o W O M ! I I! l l l N ! N I N 0 0 0 4 P P o P\ O\ O\ !! I 1 I H ! H H d1 Q♦ Ol Ol Ol dl Ol Ol N .P N 6l N N N N N N N N C H H H H H H H H O O I i i i l i I i to ul u-t w cn "I cn Un cn I'll W W W W W W W W O WC) W O H Y H H H H H H A N co H Y C O O O O O O O W O N O N O O O O 0 0 0 0 t P O o f TWA 1 � 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 O O O O O o 0 0 0 o O O P O O o O 0 o O P O 0 0 0 0 o C C 0 O C N N N H N N N N N N N N N N N N N N N N N N N x x7 w H x x7 x7 m x Cl) rorororo roro roro 3 �o Ox7o mo Go w .moo tllm0 Ho m HC >�rl > o o m N m Gm H x 10 10 z xd x7 x7 x7�� 4] n C (n l7 z 3 C C C 0 d m m H H H H H H H H %G m HHm wm mm co t7 and > d mr o m z cncocnmcoU)Encnn rn mw x1 m C ro C, !C '17 n n 0 xr m x k I-3 F-3 H 0 C> J7 to OTC 0 h7 nz. 0x7 \:j mmn roro Ow Rt Hro Rt Rl RlR,R, u� cz+R+xi On H z x70 xum rm C3 xux rom 33 xd zm C'7 Oro m m H z �mx7 cn O H� ?pro mm t7 Hx7 mx7 H z CoU)cowun nmmo x70 Ocn n CroH H z :3: ro l zz Z 1 Coo GBH n cC:c cGCGC m z ro Hz H0�Dl H n13 H zx HHZ H3 C xz roC 1") Id rorororororom L) �O H0 xwz Hz xm Hco 13n Kz :/ ,I 'Owro ll7 tvj 'o m H Cx7 cw OH n CH rorom zz Nin cn 3 3 CCCCCt"t''CH w H H 'o co G] to Ct z x C (7] H c) •- \ H ;D H H H H H H H H H cn cn Ct-I H ro m O x7x x7 \ C Y eamtammmmm C\ m H"I t7 OH coo n HHm coo m > '"+7n co U) U) cn w (n (n co 'o C) l<0 mz G) 0 mtl o cnU)ro mm z OH H 'd0 H t'' xo It m 7i x1 > �d d 'o H H to ti C n x H C U O z O H C t7lmTi 0co co 3x Hm co x HC n ron z mm tT] H x7 m H H n x7 m n cn > x7 co G� cn H n H z G� m C cn m m HH mx mH '=7 m co t+7 O H n m x7 n n m H x 40 C cn m m C m ro H m c z c1 n m H 0 cc n o m n > m O H n cn C H O H H '+7 C7 H W n N H H o x co C W o Ul 'i] J J J J J J J J to lD n O CJ H W H o \ N O to H W W W W W W W W N rA W H o 1 xJ H\ H J J z N N N N N N N N J W .o W W N O C, tP H Gl W O N N N N N N N N N O o H O J m \ tP H w C ! to N co OJ cD �D J cn tS' H\ lD W N N N N N N N N H O J O Ut \ N H O ro IA to to .o ro to Qo to tP Ui W O Ill N o w to m o lD lD � lD `9 H to ',Iy O 13 m Dl Ul H H Y H O N x7 H H N m o H O N O W Ul C. 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N O N G1 N N I°t N O H H 0 0 O O I i I cn W O H F' o N H H C H w H H O W O H O O Co O O J W� O w O J H H �o W H H W O J a H H O H O H m O lP O J H O J O Ul to 0 C O O O O O O Ul N O tP m tP \ I N ! H O1 N O l H O H N O W O Ui H co /n Ul ID O N O O O lTl \ I N W lD \ O Ul W H N H O Ul O O N O O 0 O Y H O H O H O O P co O W O 03 O O \ O \ O \ l t N ! N I N Ol C) lD H �D 01 lD P O \ O \ 0 \ H H l H m m N H N D N cn H O O O O W W H W O W H H H H W 07 H H O O to J J O W O O N O N O J 1 U MM I ID O O O O O O O O O O O O 00 0 0 O O O O N O (.n co H \ ! N Ul to 0 \ ! H U) N N 0 I m N H H H O o O .P H co D) w N N O � Co N \ N U1 lD O \ H (P N N O I U W H H O O to O CO H m cn w m w ,o to to rA >o tP to O Y O H O C O O O O O O O O o W O M ! I I! l l l N ! N I N 0 0 0 4 P P o P\ O\ O\ !! I 1 I H ! 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O 0 o C O O Q O O O O O O OP r r O O 1 1 1 I i t 1 I N N N N N N N N N N N N N N Ul Ln UI Ut Ul lP O H O H O H r r r 0 PH HP H H O Ho P P O PO N r w w w 0 H G W W O -7 N J N O N C) N N O N r N r N N 1-' N O N N O N Ul W O H r H W r o r r W W r w N J W m N N J N W N W H H N r r t) N 0 r w 'D 0 0 0 H G m C O m N N N O m O N O rP O m N J N lD tD N m 0 r r Ui m N w r 0 0 O J r W O O m �7 I J i O i i I m 1 1 1 I m i 1p i m 1 I i m t m 1 1 1p 0 o 0 0 C o 0 0 0 0 0 0 0 0 o r r G O o 0 0 0 0 o O O O O o 0 o 0 0 o r H O O O o G 0 C C 0 o 00 o 00 o O O In Li O O o O O C O O o o 00 O O O o a C O o O O O O O O O o O C 0 0 O 0 0 G O O rP iA O 0 0 H H H H r H r r N H r r r r N N N N N N n cH n m co n a a a ro 1 m ro H H H m O x c G] H 0 G a o o a a � 0 Ili 0 m 0 m 0 0 0 0 G ro O 4 G ] N N t y H H (7 tJ1b uC) Iro rJn C5 t7t7w dm mm> m1-: roxo�ox HE cnHE 117y a aro aa• c c aa:Dl a> 1 1 L~ b'1 m r'Vm �'> b m m m m m m y m H m y m m C m C H H C roC n z m n n au n z x mz n o 1 m n• to H- to C n nC n 7 JJtn Cm 0 0 OH LH d o H ro m �E H Hn mN ��rox m H m ro m ro m 10 Ili H 1CJ H H H m 13 a� roro roC roH roro x rox roroz roz zzN z rroan no yCiIn d o ztt *t 4tro xtro 4t mmm H yHHo He "I xt r 1 r H H['' rt-' rHro rro z?y cnl7C7�o HH roro H rH m mC mm m0 m0 0 ri7Q ,j +CZ OCH z c, z• t� m I F�'y r� I x7 ;>7 O H z� m 0 7u to t cn HO rG] rH rm rm rHx rx x1 b� tnv�� C 'A a r a J n J J J J m J m J J J J�o r m m ro 3 ro roN y xa oU 1.4 c o z r o H H HN z11 z z cn r c co z o n o o� n n J m Ui cn H n H 13 z N `!o a m H C O O m y F-3 m N O ro 0 t co H O 0 n rJ I H K K ro ro U) a y m o H H cmn U) ° H n n cn to ro ro n n n td W J N r r r w a C' m ll'l y C x m b ro x r N N N m W co H C m m m 'Tj b O a m O O O W G a Cn `r'•7 0 '� w lD W 11 r r FP m �D O H O p G m O G r rP m m to r N H m O m m m N m m N W Ul .A O m Ui N r m r 1-' r N r H lD m m m N H N N N N N H �D O to N lD O m m z 0x 0 n x m n x Yt O y M n ti 0 x \m L, n x n� H H m � n n x H m n C z x t7 0 � 7 mmC .. nd d N m m 1-3 � yx I m d r� n N PEI W 13 01 H W roC H 'Z, °z0 z m z C O n m It 1 ^7 ci m N m W Co x �o J O O O W O ! r G 07 I ! N o 61 O 0 0 H O cn N ]J N N ri W V O A I ! 3 0 O 0 O O O O 00 H G O Y t.n cn Y N F- m m t? m H H tJ l7 cl- ro ro roro ro 4v 4t 4t YN m rn Y F' a a C C u G N z Z: r. 0 x m x xr; 3 O ti x; N M n y I n I \ [I] I C n I x end n 13 i H H tJ C CY] z V O 4k d d co co d co n 13 M H roC Y+ Z od z0 a� z h7 N C O n P7 n n x' FH rn y C) K x Q znw tJ t�7 C .. ne x� N H � � z N trJ Y H d Ol H 13 �u 13 r� N W W ro' m Y J P - A - R . K TO: Honorable Mayor /Chair and Members of the City Council, Finance Authority, and Housing Authority FROM: Vijay Singhal, Chief Executive Officer /Executive Director Lorena Quijano, Director of Finance(1 DATE: September 19, 2012 ��1 c�11 x� ii - . - : - .. r IThT�lita1111 hi:TL f'•1 -W The purpose of this report is to provide the Treasurer's Report for June and July 2012. BACKGROUND /DISCUSSION The Treasurer's Report lists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). The CDC was eliminated effective February 1, 2012 and the City is now the Successor Agency; a new bank account is used in order to track its transactions separately. Any amounts reflected for the CDC are amounts set aside for outstanding checks that had not cleared as of the elimination date. The report separates cash into the following three sections: • State of California Local Agency Investment Fund (LAIF) — this is where the majority of the cash is held. City cash, which accounts for the largest portion includes monies from the General Fund and all other restricted funds known as Special Funds. Money is kept in LAIF until it needs to be transferred to cover warrants (payments to vendors, contractors, etc.,), payroll, or to pay the various bond payments. • Fiscal Agent Funds - these amounts represent monies held by the various bond holders that are restricted and which have been set aside for future bond payments. • Cash- this section provides the cash balances in the various checking accounts the City uses to pay its on -going payments. The cash balances fluctuate during the year due to the timing of large payments, such as interest and principal for bonds, and due to when the City receives its major sources of revenues (such as sales tax and property tax) in December, January and May of each year. Treasurer's Report: June and July 2012 Page 2 Staff recommends that the City Council, Financing Authority, and Housing Authority receive 4 and July ie iv and file the June -nl 2012 Treasurer's Report. raltrimmi June and July 2012 Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT June 30, 2012 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local 35,381,284.51 35,381,284.51 35,381,284.51 Agency Investment Fund Varies 541,342.04 541,342.04 City 0.36% Varies Housing Authority 0.36% Varies Fiscal Agent Funds - City Varies Varies Fiscal Agent Funds - Success( Varies Varies Varies 35,381,284.51 35,381,284.51 35,381,284.51 35,381,284.51 Varies 541,342.04 541,342.04 541,342.04 541,342.04 35,922,626.55 35,922,626.55 35,922,626.55 35,922,626.55 Varies 684,486.26 684,486.26 684,486.26 684,486.26 Varies 2,941,201.66 2,941,201.66 2,941,201.66 2,941,201.66 $ 39,548,314.47 $ 39,548,314.47 3,625,687.92 $ 39,548,314.47 Total Investments $ 39,548,314.47 Cash City Checking 2,367,101.77 City Miscellaneous Cash 84,177.30 Comm. Develop. Comm. 6,397.92 Successor Agency 1,518,3335.99 Housina Authority 285.970.23 Financing Authority 0.00 Total Cash 4,26 1,983. 21 Total Cash and Investments $ 43,810,297.68 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 June 2012 and several deposits /withdrawals 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. ApF,roved by: �1 h L ren t uijano �_'` ance Director CITY OF BALDWIN PARK TREASURER'S REPORT July 31, 2012 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund City 0.38% Varies Varies Housing Authority 0.38% Varies Varies Fiscal Agent Funds - City Varies Varies Varies Fiscal Agent Funds - Successc Varies Varies Varies 32,708,319.07 32,708,319.07 32,708,319.07 32,708,319.07 542,320.08 542,320.08 542,320.08 542,320.08 33,250,639.15 33,250,639.15 33,250,639.15 33,250,639.15 2,742,010.22 2,742,010.22 2,742,010.22 2,742,010.22 3, 600, 802.91 3,600,802.91 3, 600, 802.91 3, 600, 802.91 $ 39,593,452.28 $ 39,593,452.28 6,342,813.13 $ 39,593,452.28 Total Investments $ 39,593,452.28 Cash City Checking 1,166,423.24 City Miscellaneous Cash 78,940.63 Comm. Develop. Comm. 6,397.92 Successor Agency 823,183.91 Housina Authority 337;607.60 Financing Authority 0.00 Total Cash 2,412,553.30 Total Cash and Investments $ 42,006,005.58 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 July 2012 and several deposits /withdrawals 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: r ¢ Logeena Quijano Finance Director Eel I Y GUUNUIL AGENDA EP 1 CITY OF BAL ®W /N PARK ITEM NO. CPNSENT CALEN ®AR -4- 612 IF-Al am NA Uei .1411 SUBJECT: Approval of an amendment to Resolution 2012-014 authoriZing the City of • to enter into a contract the State receipt of California Department of Transportation (Caltrans) upon of a Transportation • - Routes • School Plan) :. 6 This report requests City Council approval of an amendment to a Resolution authorizing the city to enter into a contract with 'Caltrans upon receipt of an Environmental Justice Planning Grant. On March 21, 2012, the City Council approved a Resolution that authorized staff to enter into a contract with Caltrans should the city receive grant funding for a proposal to update the City's Safe Routes to School Plan. At that time, staff was in the process of finalizing the grant proposal and an exact dollar amount had yet to be determined. As a result, an approximate amount ($185,000) was added to the staff report and resolution in order to meet the deadline for the submittal, as the subsequent city council meeting would have been after the submittal deadline. After receiving city council approval, staff worked with our grant partner, Local Government Commission (LGC), and determined a grant proposal in the amount of $235,000. Recently staff received notification from Caltrans that our application has been selected for funding in FY 2012 -13 and are now partners in fulfilling our common mission to improve mobility and the quality of life in California. A conditional letter was provided detailing requirements and next steps. One of the requirements is to provide a revised resolution identifying the correct grant amount requested. Included in this report, as Attachment #1, is the revised resolution identifying the correct amount of $235,000. A copy of the original staff report is also provided, as Attachment #2, for your reference. Once the new resolution is signed, staff will forward to Caltrans to complete the acceptance process. Caltrans Environmental Justice Planning Grant Page 2 of 3 September 19, 2012 #1 - Resolution 2012 -014 #2 - Original staff report dated March 21, 2012 •' • j RESOLUTION NO. 2012-01-4 W L11 L, I ILI MEM SOM k, 0 WHEREAS, the City of Baldwin Park, through the adoption of its Complete Streets policy, has established guiding principles and practices so transportation improvements are planned, designed, constructed, operated and maintained to encourage walking, cycling, and trans-it use while promoting safe operations for all users; and WHEREAS, the City wants to create and ensure a safe and efficient transportation system that promotes the ht-,q1th and rnnhilitil of all Rnlrlulin Paris residents and visitors by providing high quality pedestrian, bicycling and transit access to all destinations throughout the city and region; and WHEREAS, one part of the Project is to help implement the recently adopted "Complete Streets" policy by preparing, implementing and maintaining an updated Safe Routes to School Plan; and WHEREAS, this project will implement a program of protective and preventative measures to decrease the accident potential for student pedestrians/cyclists and to provide the best possible safety environment for all students who walk and bike to school; and WHEREAS, the City proposes to request $235,000 in grant funds and the City will be providing 10% local matching funds for staff time and other administrative costs (7.5% must be local funding and 2.5% can be in-kind); and WHEREAS, authorization is now being requested to submit the grant application, accept and administer the grant funds if awarded, and execute the agreement between the City and the State of California Department of Transportation; NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby resolve as follows: SECTION 1. The Chief Executive Officer, or designee, is authorized to apply to the State of California Transportation Planning Grant for the Project. SECTION 2. The Chief Executive Officer, or designee, is authorized to take all necessary steps to secure the grant funds from the State of California Department of Transportation to provide funds for the Project. SECTION 3. The Chief Executive Officer, or designee, is also authorized and empowered to conduct all negotiations, execute and submit all documents, including but Resolution No. 2012-014 Page 2 not limited to contracts, subcontracts, applications, agreements, extensions, renewals, payment requests, and amendments of funding provided by the Federal Highway Administration and California Department of Transportation, which may be necessary for the completion of the Project. SECTION 4. The Chief Executive Officer, or designee, is authorized, for and on behalf of the City, to accept, appropriate, expend, and administer the grant funds, if secured, in accordance with the terms and conditions set forth in the approved grant for the Project. SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall forward a copy hereof to the Planning Division for grant submittal. A P P R, 00 V E D, and A D 0 P T ED this 191 th day of September, 2012. ATTEST.- STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was adopted on September 19, 2012 at a regular meeting of the City Council by the following vote: AYES: COUNCILMEMBER: OUT, PUNA F4 MA ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ffllfi� t •' • • i � � P - A - 2 - K TO: Honorable Mayor and Members of the City Council FROM: - - - Officer DATE: '- Approval Resolution authorizing •' Baldwin Park to enter into a contract with the State oi California Department of Transportation (Caltrans) upon receipt of a Transportation Planning Grant. fSafd R64tdi�_16 461400 s., I2 -11a This report requests City Council approval of a Resolution authorizing the city to enter into a contract with Caltrans upon receipt of an Environmental Justice Planning Grant. -� Planning staff is currently working on submitting a grant application in response to a request for applications for Fiscal Year 2012 -2013 Transportation Planning Grant Programs through the California Department of Transportation ( Caltrans). An estimated $3 million will be available for the grant cycle pending approval of the State budget. All projects will require a local match equal to 10% of the grant total (7.5% must be local funding and 2.5% can be in- kind). The maximum grant that can be awarded under the Environmental Justice Planning Grant Program is $250,000. The amount in which we are applying for is $185,000. • According to Caltrans, Transportation Planning Grants are intended to promote strong and healthy communities, economic growth, and protection of our environment. These planning grants support closer placement of jobs and housing, efficient movement of goods, community involvement in planning, safe and convenient pedestrian and bicycle mobility and access, smart or strategic land use, and commute alternatives. The final results of these grants should lead to the adoption, initiation and programming of transportation improvements that improve mobility, access and economic vitality. Caltrans Environmental Justice Planning Grant Page 2 of 4 March 21, 2012 Each Transportation Planning Grant has program specific purposes and is intended to address local needs and issues. Of the many grant opportunities available, the city opted to apply for the Environmental Justice (EJ) Planning Grant. This grant is intended to promote the involvement of low-income and minority communities in the planning for transportation projects to prevent or mitigate disproportionate, negative impacts while improving mobility, access, safety and opportunities for affordable housing and economic development. The focus of the grant is to update the city's Safe Routes to School Plan with a bicycle and pedestrian safety enhancement component. The city's current plan, which was adopted in 1995, is outdated and does not reflect the physical improvements that have been made to date nor does it reflect newer recommendation,, based on enhanced technology and planning models. Under this grant, the city proposes to partner with the Local Government Commission (LGC) and the California Center for Public Health advocacy (' -r A % ). The Plan intends to implement a program of protective and preventative measures to decrease the accident potential for student pedestrians/cyclists and to provide the best possible safety environment for all students who walk and bike to school. The strategy to a "Safe Routes to School" program is to concentrate students along designated travel routes and to ensure that those selected routes provide the highest level of safety and protection for the student/pedestrian. The project will also provide updated Safe Route to School maps prepared for all schools in the city. The map for each school will depict the surrounding community, preferred routes to school and traffic control devices to ensure each route is as safe as possible. The School District will be able to use these maps to educate their students and parents as to the recommended route and to demonstrate the concept of safe pedestrian protection. This new Safe Routes to School Plan will involve the coordinated partnership with the Baldwin Park Unified School District, School Police, the city's police department and other various departments for the implementation and enforcement of the Plan. This grant presents an opportunity to continue the implementation of the recently adopted Complete Streets policy, which calls for the creation of a safe and efficient transportation system that promotes the health and mobility of all Baldwin Park citizens and visitors by providing high quality pedestrian, bicycling, and transit access to all destinations throughout Baldwin Park. Staff recommends that the City Council adopt Resolution No. 2012-014 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING STAFF TO ENTER INTO A CONTRACT WITH THE STATE OF Caltrans Environmental Justice Planning Grant Page 3 of 4 March 21, 2012 A 0 kyj I Ilkluel 0 1 J, 1:4 0 1 IF-IIWIIJ611 9 W*:jWAj0 10 11 Once adopted, staff will include a signed copy of the Resolution with the grant application. - 01i Resolution 2012-014 Report Prepared By: Salvador Lopez Jr., Associate Planner a BALDWIN P A, R, K fim SUBJECT: 2nd READING OF ORDINANCE NO. 1354 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SUBSECTION (J) OF SECTION 96.02 OF THE BALDWIN PARK MUNICIPAL CODE SECTION PERTAI"ING TO THE USE CF ALCOHOL AT THE ARTS AND RECREATION CENTER OR THE JULIA MCNEILL SENIOR CENTER. The purpose of this staff report is to request City Council adopt on second reading Ordinance No. 1354 Amendment to Title IX General Provisions, Chapter 96, Public Parks, of the Baldwin Park Municipal Code Regulating and Permitting the Use of Public Park Facilities. •I OMMIR At their meeting on September 5, 2012, the City Council introduced Ordinance No. 1354 for first reading. In order for the ordinance to become effective, it must be adopted on second reading. Once adopted the ordinance will take effect thirty (30) days from the date of adoption on September 19, 2012. Staff recommends that the City Council Waive further reading, read by title only and adopt on second reading Ordinance No. 1354 entitled, "ORDINANCE NO. 1354, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SUBSECTION (J) OF SECTION 96.02 OF THE BALDWIN PARK MUNICIPAL CODE SECTION PERTAINING TO THE USE OF ALCOHOL AT THE ARTS AND RECREATION CENTER OR THE JULIA MCNEILL SENIOR CENTER." Attachment: A) Ordinance No. 1344 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SUBSECTION (J) OF SECTION 96.02 OF THE BALDWIN PARK MUNICIPAL CODE SECTION PERTAINING TO THE USE OF ALCOHOL AT THE ARTS AND RECREATION CENTER OR THE JULIA MCNEILL SENIOR CENTER NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows: SEC'T1nN1 1 ( Subsectinn .h r) of Sectinn 96.02 of the Baldwin Park lk/liinininal Code 11 \-/ is hereby amended to read as follows: (j) Alcoholic beverages. No person shall enter, be, or remain in any public park while consuming any alcoholic beverages. Notwithstanding the foregoing, this subsection (J) shall not apply to any person over the age of twenty one (21) attending a function at the Arts and Recreation Center or Julia McNeill Senior Center if the prior consent of the Director of Recreation and Community Services to the consumption of alcohol at such function has been obtained. SECTION 2. This ordinance shall go into affect and be in full force and operation from and after thirty (30) days after its final reading and adoption. PASSED AND APPROVED ON THE 5th day of September, 2012. Manuel Lozano, Mayor ATTEST: Alejandra Avila, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council held on September 5, 2012. Thereafter, said Ordinance No. 1354 was duly approved and adopted at a regular meeting of the City Council on September 19, 2012 by the following vote: AYES: COUNCILMEMBERS- F.A10-1-10 011 M I ABSTAIN: COUNCILMEMBERS: Alejandra Avila, City Clerk t US I7_ 1:9 t, R, 1 • W. � . Manuel Carrillo Jr., Director of Recreation & Community Servi September 19, 2012 SUBJECT: COMPREHENSIVE REPORT FOR PROCESS AND PROCEDURES OF FO TRUCK FUNDRAISER "TASTY SUCCESS OVER r INNI GENERATING ADDITIONAL , :: FOR SANTA PROGRAM. The purpose of this report is to provide a comprehensive report to the City Council regarding the successful "Tasty Thursdays" Food Truck Fundraiser program at Morgan Park. BACKGROUND AND DISCUSSION Over the last two years, the gourmet food truck industry has grown dramatically in popularity and many public venues including schools, colleges, chamber of commerce's, and entertainment venues have created food truck festivals for the public. For community organizations, food truck festivals have been a source of generating new income to benefit their programs. Through the growing interest and popularity of Gourmet Food Trucks, the Department seized an opportunity to host food truck events and generate additional revenue for special community programs such as the Annual Santa Clothes Program. These food truck events provided a new experience for the community and developed a weekly fundraising event at Morgan Park. The weekly food truck event was designated as a fundraiser specifically for the Annual Santa Clothes program. Due to the economic downturn, donations for the Santa Clothes program have decreased while the need for the program continues to be strong. The fundraiser provided additional sources to generate the revenue needed for the program. The best opportunity to showcase the food trucks to the community was during the summer concerts program and the 4th of July Fireworks Show. The fundraising event took place over a sixteen (16) week period that begun in April, as a way to build momentum leading up to the summer concerts. Each week multiple food trucks were stationed at Morgan Park and offered a variety of food choices that ranged from traditional hot dogs and fries to ethnic cuisines and desserts. By bringing the food trucks to Baldwin Park, this provided Baldwin Park residents a local alternative to try new foods and enjoy the park setting. To comply with municipal ordinances, staff worked closely with the Chief Executive Officer, Director of Finance and the City Attorney to ensure the food truck fundraiser would meet the City's requirements. All food truck vendors were required to comply by submitting the appropriate permits, agreements and proof of insurance documents. The City requested to be named as additional insured in case of an incident with the food trucks. There were several benefits received by the City through the food truck events. There was a reduction of part-time staff time utilized with the self-containment of the food trucks. The Department worked more efficiently and effective. In order to participate in the food truck fundraiser, all vendors submitted a list of required documents and signed a vendor agreement. Each food truck contributed $40 per event, except in cases where food sales were low. In such circumstances, a 10% fee was collected. Through the entire sixteen (16) week fundraiser $2,874 was generated. This amount raised will contribute to serving fifty-seven (57) youth from the Baldwin Park Unified School District through the Santa Clothes program. Food trucks vendors also provided additional promotion through various social media outlets. The information was also promoted on the city website, e-mail blasts and Baldwin Park NOW. These aspects encourage new audiences to attend the Summer Concerts and open the invitation for the community and surrounding cities. FISCAL IMPACT Through the success of the Tasty Thursday Fundraising Events, $2,874 was generated and deposited in the Baldwin Park Community Center Corporation Account 501(c)(3) to be used for the Annual Santa Clothes Program. It is recommended that the City Council receive and file this staff report: Attachments: A) Special Event Permit / Temporary Use Permit 13) Sample Food Truck Checklist C) Sample General. Liability Insurance D) Sample Health Department Operating Permit E) Sample Vendor Agreement F) Front Page Article of Fundraising Event in Baldwin Park NOW !`ll t i' 1 :A ! .I tea' a � ! �� a` • r DATE 5/3 5/10 5/17 5/24 5/31 6/7 and 6/14/12 3 DAYS MAX $115 - EXEMPT APPLICANT'S BUSINESS NAME BALDWIN PARK COMMUNITY CENTER CORP. ADDRESS4100 BALDWIN PARK BLVD. BP CA 91706 PHONE626- 813 -5245 EXT.310 APPLICANT'SNAME RUDOLPH R. GALINDO SS# 501C (3) # 23- 7401605 CONTACT PHONE626 -813 -5245 EXT. 310 DRIVER'S LIC. NO. N/A REQUIRED FOR ALL APPLICATIONS 1, COMPLETED APPLICATION FORM 2. LETTER OF PERMISSION FROM PROPERTY OWNER — REC. DEPT. 3. PLOT PLAN OF ACTIVITY LOCATION — SEE ATTACHED 4. PROOF OF INSURANCE — SEE ATTACHED FROM VENDORS 5. APPLICANT & PARTICIPANTS MUST OBTAIN A CITY BUSINESS LICENSE — EXEMPT AS PER M.C. 111.36 (CHARITABLE) 6. IF ANY FOOD AT EVENT IS SOLD /SERVED A HEALTH CERTIFICATE IS REQUIRED — SEE ATTACHED PERMITS LOCATION OF ACTIVITY MORGAN PARK — RAMONA BLVD. PARKING LOT DATE & TIME MAY 3 THROUGH JUNE 14 2012 FROM 5:00 PM TO 8:00 PM NATURE & DESRIPTION OF ACTIVITY VARIOUS CATERING TRUCK VENDORS WILL PARK AND SELL FOOD AND DRINKS AS A FUNDRAISER FOR SANTA CLOTHES PROGRAM. DESCRIPTION OF EQUIPMENT USED CATERING TRUCKS I understand that this permit, if granted, may be revoked or suspended by the City of Baldwin Park for any fraud or misrepresentation committed by the licensee or his agents. I, the undersigned, hereby certify that each and all of the foregoing statements are true to the best of my belief and knowledge. I understand that the above activity must be in conformity with the conditions of approval, if any, listed on the attached office approval copy of the permit requested. DATE APPLICATION a • MINIMUM OF WORKING DAYS PRIOR TO EVENT. NO EXCEPTIONS. TASTY'THURSDA-VS FOOD TRUCK CHECKLIST Public Health Operating Permit • rem go- $40 Payment for Use of Spacv 11101 7ml -0 c C3 St 413t3l II T 04/30/20.12 ;1 & X14854 BB4KP4�R 923344 74 7 Y tj i ' lt{yt�yV }?:O R h d rt sti ilQl Of�2 71t 1702 '52V r, 2 #�.. J 451l6 IDEAL FOODS ItiC w S 7547 ALNi4.A D ti E F PARAMOUNT CA 90723 D o lilt u A e BK WEST ro 1477 S ATU3 ST, > k v 4� MONTEREY p ARC ss x r n r k a D 91755 1�e1 4282Q111 ?: ,-r L STAT'c CIF cALTORVA t�E�AR73��33ti' t1F ikGTESl� 4�S V,fiiUDATED REGISTRATION CARE) E638391 Attachment CUI=K I Irikokk I C t„r[- L 11— tL211L1 I a THIS CERTIFICATION IS ISSUED AS A MATTER.Ut Irdrvnl..,,. PRODUCER ONLY AND CONFERS NO RIGI4TS UPON THE CERTIFICATE R.E. Chaix & Associates Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR C /O' Beach Coast Insurance ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 215 Pier Ave Ste. D Hermosa Beach, CA. 90254 I INSURERS AFFORDING COVERAGE hJA1G'# INSURED INSURER.A: USLI Insurance Group Karen Ipsom ! NSURER B: dba Gringos Tacos j INSURER a 2007 W. Pacific Ave WSURER D: West Covina CA. 91790 NSURER E: J I LrtlY G[V1vGV THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. MAY .NOTWITHSTANDIN ANY REQUIREMENT, TERM OIt CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH.THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN; THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB.IECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS - �INS { i Ti'PE OF INSORRNCE ENERAL LIABILITY X�t1MERC!AL GENERAL LIABILITY ! CLAIMS MADE �R II OCCUR POLICY N UM &ER MBP011,11743 j . a EFF£CTIYE DA"re MMR3D7Y`f a 03109/2011 j ( . I PDATE EXPIRATION " DinTE MiaS/(7DtYY 02/0912012 I j LIMITS EACH OCCURRENCE $ 1,000,6001 PREPA,!SES Ee aaa� a re S 100,000 MED E,.p � ^y �,.�, pel°.:v,:) PERSONAL & ADV INJURY S 1:000 $ 1,000,000 3 GENERAL AGGREGATE $ 2,000,000 N'L AGGREGATE r IMIT APPLIES PER' I I POLICY JECT PRODUCTS - COMP /OP AGG Included $ �x. AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS i I i I I COMBINED SINGLE LIMIT (Ee accident) S BODILY INJURY (Per pe—) $ BODILY INJURY (Per.acdden!) $ tt 1 PROPERTY DAMAGE (Per acgdant) S GARAGE LIABJUTY w�] ANY AUTO j AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION S i I I EACH OCCURRENCE $ AGGREGATE $ $ $ $ WORKERS COMPENSATION AND EMPLOYER&' LIABILITY ANY PROPRIETORMARTNERIEXECUTIVE OFFICERiMEMBER EXCLUDED? (ryes, describe under SPECIAL PROVISIONS belay i I : TORY UM! 8 I ER E.L EACH ACCIDENT S 1 E.L. DISEASE - EA EMPLOYE $ i EL DISEASE - POLICY LIMIT $ OTHER I DESCRIPTION OF OPERATIONS / LOCATIONS! VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Take out restaurant SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION The McIntyre Company DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 370 East Rowland Street, Covina, CA 91723 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DD SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATNEl 1 1988 THIS AGREEMENT is made and entered into by and between the CITY OF BALDWIN PARK, a municipal corporation, hereinafter referred to as "City ", and Gringos Tacos a sole proprietorship, hereinafter referred to as "Food Vendor." NOW, THEREFORE, the parties agree as follows: 1. Food Vendor shall set up, operate and otherwise administer food vending for the Tasty Thursday Event within Morgan Park as designated in paragraph 3, below. In addition, Food Vendor shall clean up the vending site and surrounding area for a distance of 100 feet from the food truck location. 2. Food Vendor shall operate in coordination with the Baldwin Park Community Center Corporation and in accordance with all of the terms and conditions of this Agreement, Tit h t; ,r 1 11 t, 111 a r,. � nv r.nn ,-- o.nn J. 11 e lours of operal1V11 shall De 11iUrsLLav� aUrle 11 VL1L .J.00 V.LLL. LV O.VO 4J.111. (including 30 minutes after for clean up) and set -up shall not stmt earlier than 4;Q0 p m, nn the day of the Tasty Thursday Event within. Morgan Park; the area for the Tasty Thursday Event within Morgan Park shall be closed to vehicular traffic (except emergency vehicles) during the hours of operation. 4. Food Vendor shall only be permitted at the Event Site at Morgan Park, 4100 Baldwin Park Boulevard, Baldwin Park, CA. The Event Site shall be identified by City's Department of Recreation and Community Services Director. 5. Food Vendor shall provide the City $40 for participation in each of the Tasty Thursday Events within Morgan Park, which shall be remitted to the Department of Recreation and Community Services designated staff no later than 5:00 p.m. on the evening of the applicable Tasty Thursday Event within Morgan Park. 6. Food Vendor shall defend, hold harmless and indemnify City and its officers and employees from any and all liability claims, including costs, for damages to real or personal property, or personal injury or death, including, but not limited to food poisoning, resulting from Food Vendor's, its employees' or agents' or any Vendor's acts or omissions arising out of or connected with this Agreement. 7. Food Vendor shall submit proof of its Comprehensive General Liability insurance (including product liability and tainted food liability) of minimum One Million Dollars ($1,000,000) single limit coverage. Proof of insurance shall consist of a certificate of insurance provided on IOS -CGL form No. CG 00 01 11 85 or 88 (or similar) executed by Food Vendor's insurer. 8. Food Vendor shall comply with all Los Angeles County Health Department regulations and maintain a valid Public Health Operating Permit to be verified by the City of Baldwin Park, Department of Recreation and Community Services. 9. City and Food Vendor agree Food Vendor and its employees and representatives, in performing any activity related to this Agreement, shall be acting as an independent contractor and shall have control of all work and the manner in which it is performed. 10. Food Vendor shall comply with all worker's compensation laws and regulations and with all applicable laws, codes and regulations required by each authority having jurisdiction over any activity conducted, which relates to this Agreement. Be 11. Food Vendors will not allow any individual with a criminal record to proN the performance of this Agreement. Food Vendor Name: 'r Food Vendor Signature: w Date. City Representative: City Representative Signature: Date :�� M Y - Attachment )WIN PARK Nr R FROM CITIES BY THE STATE OF CALIFORNIA As a consequence to the California Supreme Court decision on Assembly Bill 26, effective February 1, 2012, the Citv of Baldwin. Park's Community Development Comrnksion, previously known as the Baldwin Park Redevelopment Agency, has ceased to exist. Since its inception in 1974, the Baldwin Parks Redevelopment Agency and the Community Development Commission, had a series of successful projects and has been an effective economic development tool in revitalizing deteriorated areas plagued by social, physical, environmental or economic conditions. As a result, over the last decade, the Baldwin Park Community Development Commission has revitalized 65 acres of land area and created over 1,000 new jobs. Below are some redevelopment and housing projects created in Baldwin Park: Laidlaw's Motorcycles, Baldwin Park Promenade, Telacu Senior Court, Villa Ramona, re, Marketplace Sierra Center Fitness 19 INS 5 PM to 8 PM at Morgan Park A 8 ' 4100 Baldwin Park Boulevard Join the American. Cancer Society's, Making Strides Against Breast Cancer 15t annual walk on Saturday, July 21 at 8 AM, located at Morgan Park! For more information please contact Jesika at (310) 738 -2801. !' - N0111 Tasty Thursdays provides an opportunity for residents, business owners and visitors to enjoy food treats from various food truck vendors in one central location. This weekly event also promotes a social atmosphere in a safe and fun location. A percentage of the proceeds are contributed to the Annual Santa Clothes Program. For information, visit www.baldwinpark.com. Espanol en lapagina 2 OUR NLSSION 7be mission of Baldwin Park is to provide superior city services distinguished by innovative ideas thatpromote family oriented neivhborhoode and svcceccf l h7[c2naccve that anhnn o fh< >, ht, �� 7;f ; �; �. . !' : Honorable Mayor and Members ♦; FROM: • Lopez, • _ Engineer s A-U-11`101RIZING THE ADMINISTRATION MASTER OF A AAGREEIRUAIENT EXE.CUTION OF PROGRAM SUPPLEMENTS FOR FEDERALLY AND/OR STATE FUNDED PROJECTS The purpose of this report is to present for review and consideration by the City Council a Resolution authorizing the Chief Executive Officer (CEO) to administer an existing Master Agreement and execute Program Supplements (PS) between Caltrans and the City of Baldwin Park covering both federally and /or State funded projects. On August 5, 2009 a Master Agreement (MA) for federally funded projects was executed between the Department of Transportation (Caltrans) and the City of Baldwin Park to receive federal funds for projects. The prior approved Resolution did not include provisions for State funded projects and for the execution of State Program Supplements for example High Priority Demonstration Projects (HPLUL) are excluded. The MA contains the legal and contract - related language specific to the Recipient. The MA covers all transportation related funds throughout its term. The typical term for the MA is ten years, and the last time a MA was approved by the City Council was in August 2009 and prior to that, it was approved in October of 1997. A new Resolution is required so that we may continue to receive reimbursements on both federally and State funded projects. Specific technical information regarding each individual transportation project (including a detailed cost, scope and schedule, etc.) would be contained in a Program Supplement (PS) which is developed and customized for each project. The MA together with the PS combine to define the Federal and /or State Local Agency relationship on funded projects. Resolution No. 2012 -035, Master Agreement for Federal Aid Projects Page 2 of 2 September 19, 2012 The prior resolution (2009 -035) authorized our CEO the execution of the Master Agreement and Program Supplements PS's for federally funded project only. Resolution No. 2012 -035 authorizes our Chief Executive Officer (CEO) to administer the existing MA and to execute State funded, as they transpire for each new project. Staff is currently working on the State funded Maine Avenue widening project HPLUL 5323 (028) ($270,000) that requires a PS covered under the Resolution here attached (See Exhibit A). This project will be presented to City Council for future consideration. There is no fiscal impact related to the execution of the Master Agreement. Fiscal impacts will be reported by staff to the City Council when individual projects are initiated as required by the City's procurement policies. Although the resolution as presented to the City Council to authorizes the CEO to execute PS's on behalf of the City, the City's procurement policies ensures that the City Council is kept abreast of all potential, proposed, and actual expenditures for design and /or construction activities, and any other activities requiring expenditures. It is recommended that the City Council waive further reading, read by title only, and adopt Resolution No. 2012 -035 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO ADMINISTER THE EXISTING MASTER AGREEMENT AND TO EXECUTE PROGRAM SUPPLEMENTS FOR FEDERALLY AND /OR STATE FUNDED PROJECTS." EXHIBITS A. Resolution No. 2012 -035 B. Master Agreement EXHIBIT A • • • 1 1 • • • • • • .' • • • WHEREAS, the City of Baldwin Park is eligible to receive Federal and /or State funding for Transportation Projects; and WHEREAS, the Federal and /or State Agencies revised the programming and fi 1e #l1g process for Transportation Projects, which are incorporated into neYY Master i frfin Agreements; and WHEREAS, Master Agreements, Program Supplement Agreements, Fund Exchange Agreements and /or Fund Transfer Agreements need to be executed with Federal and State Agencies including the California Department of Transportation before such funds could be claimed; and WHEREAS, the City of Baldwin Park wishes to delegate authorization to execute these agreements and any amendments thereto to the Chief Executive Officer or his designee. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the City of Baldwin Park agrees to comply with all conditions and requirements set forth in the Master Agreement and applicable statutes, regulations, and guidelines for all Federally and /or State funded Transportation Projects. SECTION 3. That the Mayor and City Council approved Master Agreement which is effective June 1, 2009 to June 30, 2019, and all Program Supplements and any Amendments thereto, for Federally and /or State Funded Projects. SECTION 4. That the Chief Executive Officer or his designee be authorized to execute the Program Supplements and any Amendments thereto for federally and /or State Funded Projects. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK , Alejandra Avila, City Clerk of the City of Baldwin Park do hereby certify that the forenninn Resolution No. 2012-035 was duly adonfi -H by the City Council of the City of Baldwin Park at a regular meeting thereof held on September 19, 2012 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA, CITY CLERK IVI/-\O I E-M t1laRCGIViGiV I EXHIBIT B ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS 07 City of Baldwin Park ----------------------------------- District Administering Agency Agreement No. 07-5323R q f-h (Vm-- �? This AGREEMENT, is entered into effective this , day of AIA a US 2009, by and between the City of Baldwin Park, hereinafter referred to as "ADMINISTER ING AGENCY,` and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE, and together referred to as "PARTIES" or individually as a "PARTY." RECITALS: 1. WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation Efficiency Act (1113TEA) of 19911 and subsequent Transportation Authorization Bills to fund transportation programs. These transportation programs include, but are not limited to, the Surface Transportation Program (STP), the Congestion Mitigation and Air Quality Improvement Program (CMAQ), the Transportation Enhancement Program (TE), Highway Safety Improvement Program (HSIP) and the Highway Bridge Program (HBP) (collectively the "PROGRAMS"); and 2. WHEREAS, the Legislature of the State of California has enacted legislation by which certain federal-aid funds may be made available for use on local transportation related projects of public entities qualified to act as recipients of these federal-aid funds in accordance with the intent of federal law; and 3. WHEREAS, before federal-funds will be made available for a specific program project, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW, THEREFORE, the PARTIES agree as follows: Pagel of 26 ARTICLE I - PROJECT ADMINISTRATION 1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project-specific Program Supplement to this AGREEMENT for federal-aid projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY. 2. The term "PROJECT", as used herein, means that authorized transportation related project and related activities financed in part with federal-aid funds as more fully-described in an "Authorization/ Agreement Summary" or "Amendment/Modification Summary", herein referred to as "E-76" or "E-76 (AMOD)" document authorized by STATE or the Federal Highway Administration (FHWA), 3. The E-76/E-76(AMOD) shall designate the party responsible for implementing PROJECT, type of work and location of PROJECT. 4. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTER I I Y G AGENCY to receive federal-aid funds from/ Ah rough STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these Federal Funds that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this A('REr=h=N17 as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY. 5. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend future authorizations/obligations and invoice payments for any on-going or future federal-aid project performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by STATE in writing. 6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of Federal Funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all of the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT. 7. Federal, State and matching funds will not participate in PROJECT work performed in advance of the approval of the E-76 or E-76 (AMOD), unless otherwise stated in the executed project- specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will only proceed with the work authorized for that specific phase(s) on the project-specific E-76 or E-76 (AMOD). ADMINISTERING AGENCY further agrees to not proceed with future phases of PROJECT prior to receiving an E-76 (AMOD) from STATE for that phase(s) unless no Further Federal funds are Page 2 of 26 11tiCUUU U1 1U1 LIJU,-5U JULUIU PlldbU�,b). 8. That PROJECT or portions thereof, must be included in a federally approved Federal Statewide Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submitting the "Request for Authorization". 9. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 federal requirements, and all applicable federal W laws, regulations, and policy and procedural or instructional memoranda, unless other ise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT. 10. If PROJECT is not on STATE-owned right of way, PROJECT shall be constructed in accordance with LOCAL ASSISTANCE PROCEDURES that describes minimum statewide design standards for local agency streets and roads. LOCAL ASSISTANCE PROCEDURES for projects off the National Highway System (NHS) allow STATE to accept either the STATE's minimum statewide design standards or the approved geometric design standards of ADMINISTERING A G =KlCV Additionally, for projects off the 11 S , 11 IE will accept AD' ViIf I K N I 0 ram I K Vu AGENCY - approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current LOCAL ASSISTANCE PROCEDURES. 11. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its' contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights of way or work which affects STATE facilities. 12. When PROJECT is not on the State Highway System but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract. 13. If PROJECT is using STATE funds, the Department of General Services, Division of the State Architect, or its designee, shall review the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability, ADMINISTERING AGENCY shall not award a PROJECT construction contract for these types of improvements until the State Architect has issued written approval stating that the PROJECT plans and specifications comply with the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations. 14. ADMINISTERING AGENCY will advertise, award and administer PROJECT in accordance with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated in the executed Page 3 of 26 r-nkJUn/--k1V1 OUr-rLIZIVILZIN I. 15. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a full-time employee to be in responsible charge of each PROJECT, 16. ADMINISTERING AGENCY shall submit PROJECT-specific contract award documents to STATE's District Local Assistance Engineer within sixty (60) days after contract award. A copy of the award documents shall also be included with the submittal of the first invoice for a construction contract by ADMINISTERING AGENCY to: Department of Transportation, Division of Accounting Local Programs Accounting Branch, MS #33, PO Box 942874, Sacramento, California 94274- 0001. 17. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Report of Expenditures" within one hundred eighty(180) days of project completion will result in STATE imposing sanctions upon A LE) i KA1N11Q=rr_:01N1f-_ A AQI`�IS-r kl/�r- Vill I L-1 Ill GaCc-ordance with the current LOCAL /_�00 iANCE PROCEDURES. 18. ADMINISTERING AGENCY shall comply with: (i) section 504 of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of disability in federally assisted programs; (ii) the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination on the basis of disability irrespective of funding; and (ill) all applicable regulations and guidelines issued pursuant to both the Rehabilitation Act and the ADA. 19. The Congress of the United States, the Legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit A attached hereto) and the NONDISCRIMINATION ASSURANCES (Exhibit B attached hereto). ADMINISTERING AGENCY further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of PROJECT-related work shall incorporate Exhibits A and B (with third party's name replacing ADMINISTERING AGENCY) as essential parts of such agreement to be enforced by that third party as verified by ADMINISTERING AGENCY. Page 4 of 26 ARTICLE II - RIGHTS OF WAY 1. No contract for the construction of a federal -aid PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract. 2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for a PROJECT, including, but not limited to, being clear as certified or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. The furnishing of right of way as provided for herein includes, in addition to all real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by nrr�ienn{ -. sa �f Ir...n +.. ..1 damages ...1,e.. � i. i .a.. ts.. i._i.--- �`--'- appm,.ccvc law, of relocation cosh and damages o remainder lea[ property- I►oL actually take -rl but injuriously affected by PROJECT. ADMINISTERING AGENCY shall pay, from its own non - matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work. 3. Subject to STATE approval and such supervision as is required by LOCAL ASSISTANCE PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursement from Federal Funds for expenditures incurred in purchasing only the necessary rights of way needed for the PROJECT after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. 4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with all applicable State and Federal laws and regulations, in accordance with State procedures as published in State's current LOCAL ASSISTANCE PROCEDURES and STATE's Right -of -Way Manual, subject to STATE oversight to ensure that the completed work is acceptable under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 5. Whether or not federal -aid is to be requested for right of way, should ADMINISTERING AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm operation, or non - profit organization, relocation payments and services will be provided as set forth in 49 CFR, Part 24. The public will be adequately informed of the relocation payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his /her dwelling or to move his /her business or farm operation without at least ninety (90) days written notice from ADMINISTERING AGENCY. ADMINISTERING AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person will be displaced until comparable decent, safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that ADMINISTERING AGENCY's relocation program is realistic and adequate to provide Page 5 of 26 orderly, timely and etticient relocation of 1-HUJF-U I - displaced persons as provided in 49 CFR, Part 24. 6. ADMINISTERING AGENCY shall, along with recording the deed or instrument evidencing title in the name of the ADMINISTERING AGENCY or their assignee, shall also record an Agreement Declaring Restrictive Covenants (ADRC) as a separate document incorporating the assurances included within Exhibits A and B and Appendices A, B, C and D of the AGREEMENT, as appropriate. Page 6 of 26 ARTICLE III - MAINTENANCE AND MANAGEMENT 1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon ADMINISTERING AGENCY's acceptance of the completed federal-aid construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, owners hip, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and FHWA and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other Jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE and FHWA. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future federal-aid projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence. 3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements, Page 7 of 26 ARTICLE IV - FISCAL PROVISIONS 1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission (CTC). 2. STATE'S financial commitment of Federal Funds will occur only upon the execution of this AGREEMENT, the authorization of the project-specific E-76 or E-76 (AMOD), the execution of each project-specific PROGRAM SUPPLEMENT, and STATE's approved finance letter. 3. ADMINISTERING AGENCY may submit signed duplicate invoices in arrears for reimbursement of participating PROJECT costs on a monthly or quarterly progress basis once the project-specific PROGRAM SUPPLEMENT has been executed by STATE. 4. ADMINISTERING AGENCY agrees, as a Minimum, to sit-Albrnit invoices at least once every, six, (6) months commencing after the funds are encumbered on either the project - specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves I the right to suspend future authorizations/obligations, and invoice payments for any on-going or future federal-aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six (6) month period 5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES, 6. Invoices must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. 7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY. 8. An Indirect Cost Rate Proposal and Central Service Cost Allocation Plan and related documentation are to be provided to STATE (Caltrans Audits & Investigations) annually for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for federal reimbursement. 9. Once PROJECT has been awarded, STATE reserves the right to de-obligate any excess Federal Funds from the construction phase of PROJECT if the contract award amount is less than the obligated amount, as shown on the PROJECT E-76 or E-76 (AMOD). 10. STATE will withhold the greater of either two (2) percent of the total of all Federal Funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT, Page 8 of 26 11. The estimated total cost of PROJECT, the amount of Federal Funds obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES hereto with a finance letter, a detailed estimate, if required, and approved E -76 (AMOD). Federal -aid funding may be increased to cover PROJECT cost increases only if such funds are available and FHWA concurs with that increase. 12. When additional federal -aid funds are not available, ADMINISTERING AGENCY agrees that the payment of Federal Funds will be limited to the amounts authorized on the PROJECT specific E -76 / E -76 (AMOD) and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds. 13. ADMINISTERING AGENCY shall use its own non - Federal Funds to finance the local share of eligible costs and all expenditures or contract items ruled ineligible for financing with Federal Funds. STATE shall make the determination of ADMINISTERING AGENCY's cost eligibility for federal fund financing of PROJECT costs. 14. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADiv "iNISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual. 15. Federal and state funds allocated from the State Transportation Improvement Program (STIP) are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE. 16. Federal Funds encumbered for PROJECT are available for liquidation for a period of seven (7) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. State funds encumbered for PROJECT are available for liquidation only for five (5) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or state funds not liquidated within these periods will be reverted unless an Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance (per Government Code section 16304). The exact date of fund reversion will be reflected in the STATE signed finance letter for PROJECT. 17. Payments to ADMINISTERING AGENCY for PROJECT - related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. 18. ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (OMB) Circular A -87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Page 9 of 26 19. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items and (b) those parties shall comply with federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub-recipient receiving PROJECT funds as a contractor or sub-contractor under this AGREEMENT shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 20. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under OMB Circular A-87, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse moneys due STATE within thirty 30 days of demand, or within such other period as may be agreed in writing between the PARTIES hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third-party source, including but not limited to, Ll le State T reasurer, the State Controller and the CTC. 21. Upon written demand by STATE, any overpayment to ADMINISTERING AGENCY of amounts invoiced to STATE shall be returned to STATE. 22. Should ADMINISTERING AGENCY fail to refund any moneys due STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty 30 days of demand, or within such other period as may be agreed to in writing between the PARTIES, STATE, acting through the State Controller, the State Treasurer, or any other public entity or agency, may withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may withhold approval of future ADMINISTERING AGENCY federal-aid projects. 23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 22, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder. 24. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover State funds improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT. Page 10 of 26 ARTICLE V AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS 1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of ARTICLE V. 2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred PROJECT costs and matching funds by line item for the PROJECT. The accounting system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE. 3. For the purpose of determining compliance with Title 21, California Code of Regulations, Chapter 21, section 2500 et seq., when applicable, and other matters connected with the o pelf o rmance I f A AGENCY's contracts with third parties, ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administerina those various contracts. All of the above referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of final payment to ADMINISTERING AGENCY under any PROGRAM SUPPLEMENT. STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, shall each have access to any books, records, and documents that are pertinent to a PROJECT for audits, examinations, excerpts, and transactions and ADMINISTERING AGENCY shall furnish copies thereof if requested. 4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of OMB Circular A-133 if it receives a total of $500,000 or more in Federal Funds in a single fiscal year. The Federal Funds received under a PROGRAM SUPPLEMENT are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning and Research. 5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with OMB Circular A -133. 6., ADMINISTERING AGENCY shall not award a construction contract over $10,000 or other contracts over $25,000 (excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f) on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. Page 11 of 26 7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shad contain all of the provisions of ARTICLE IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD -PARTY CONTRACTING RECORDS RETENTION AND REPORTS, and shaft mandate that travel and per diem reimbursements and third -party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors. 8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner as required of all other PROJECT expenditures. 9. In addition to the above, the pre -award requirements of third -party contractor /consultants with ADMINISTERING AGENCY should be consistent with LOCAL ASSISTANCE PROCEDURES. Page 12 of 26 ARTICLE VI -FEDERAL LOBBYING ACTIVITIES CERTIFICATION 1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of the signatory officer's knowledge and belief, that: A. No federal or state appropriated funds have been paid or will be paid, by or on behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an officer or employee of any STATE or federal agency, a member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any STATE or federal contract, including this AGREEMENT, the making of any STATE or federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any STATE or federal contract, grant, loan, or cooperative contract. B. if any funds other than federal appropriated funds have been paid, or will be paid, to any person for influencing or attemiDtina to influence an officer or emDlovee of anv federal agency. a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this AGREEMENT, grant, local, or cooperative contract, ADMINISTERING AGENCY shall complete and submit Standard Form-LLL, "Disclosure Form to Rep Lobbying," in accordance with the form instructions. C. This certification is a material representation of fact upon which reliance was placed when this AGREEMENT and each PROGRAM SUPPLEMENT was or will be made or entered into. Submission of this certification is a prerequisite for making or entering into this AGREEMENT imposed by Section 1352, Title 31, United States Code. Any party who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 2. ADMINISTERING AGENCY also agrees by signing this AGREEMENT that the language of this certification will be included in all lower tier sub-agreements which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. Page 13 of 26 ARTICLE VII - MISCELLANEOUS PROVISIONS 1. ADMINISTERING AGENCY agrees to use all State funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and the relevant Federal Regulations. 2. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE or the federal government, 4. F2(--h nrniPrt-.,;nPrffir PRC)(,RAM q1 JPPI PNAF::NT -qh;;Il zPnirAtP1\/ establish the terms and funding limits for each described PROJECT funded under the AGREEMENT. No federal or state funds are obligated against this AGREEMENT, 5. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT. ADMINISTERING AGENCY agrees that it will notify STATE immediately in the -event a suspension or a deblarl-1161-it occurs after the execution of this AGREEMENT. 6. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the work actually performed, or in STATE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board. 8. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE, FHWA or FTA that may have an impact upon the outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of this AGREEMENT. 9. ADMINISTERING AGENCY hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT under this Page 14 of 26 c a1.lam"T IRVIN 10. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such I ebate, kickback, or other unlawful consideration. 11. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shah be decided by the STATE's Contract Officer who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer. -4 n �n. �v� :��< ute pending of a dispute nor its consideration cy the Contract Officer will excuse ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT. 13. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT. 14. Neither STATE nor any officer or employee thereof shall be responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under, or in connection with, any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully 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 forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT. 15. STATE reserves the right to terminate funding for any PROJECT upon written notice to ADMINISTERING AGENCY in the event that ADMINISTERING AGENCY fails to proceed with PROJECT work in accordance with the project - specific PROGRAM SUPPLEMENT, the bonding requirements if applicable, or otherwise violates the conditions of this AGREEMENT and /or PROGRAM SUPPLEMENT, or the funding allocation such that substantial performance is significantly endangered. Page 15 of 26 16. No termination shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if not reasonably susceptible of cure within said thirty (30) day period, ADMINISTERING AGENCY proceeds thereafter to complete the cure in a manner and time line acceptable to STATE. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAMI SUPPLEMENT and that the cost of PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY. 17. In case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project- specific PROGRAM SUPPLEMENT, the terms stated in that PROGRAM SUPPLEMENT shall prevail over those in this AGREEMENT. 18. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part. 19. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA City of Baldwin Par DEPARTMENT OF TRANSPORTATION B X 14,4 B Chief, Office of Project Implementation Division of Local Assistance Date 2 -7 o Page 16 of 26 City of Baldwin Park Representative Name & Title (Authorized Governing Body Representative) Date � I E51M 1:0211-019"WA FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave, ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, i ti e including apprenticeship. Z=1 r-r— -1 — ADMINISTERING AGENCY shall post in conSDiCUOUS places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section. 2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 1290-0 et seq.), and the applicable regulations prom ulgated thereunder (California code of Regulations, Titie 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement. 5. Remedies for Willful Violation: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429. Page 17 of 26 (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement. Page 18 of 26 G NONDISCRIMINATION ASSURANCES ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d -42 U.S.C. 2000d -4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in Federally - Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal -aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives federal financial assistance from the Federal Department of Transportation. ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS. More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY hereby gives the following specific assurances with respect to its federal -aid Program: 1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program ") conducted, or will be (with regard to a "facility ") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS. 2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the federal -aid Program and, in adapted form, in all proposals for negotiated agreements: ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively insure that in any agreement entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award. 3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS. 4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or interest therein. Page 19 of 26 5. That where ADMINISTERING AGENCY receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith. 6. That where ADMINISTERING AGENCY receives federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property. 7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C and ID of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other parties: ffl ,�� (n) fnr +hn ci ihcnru inr)+ +rn nsfr of rnol rirr%nrr+ n^�i i;Y4 ;v4 �"J 1 Lf I L Ll "11,.711,1 %J I ��L," Na kjH�—� I Ly CA�.%_JUJJ UU ul JJJJPJVVUU under the federakaid Program; and W303MEW, (b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal-aid Program. 8. That this assurance obligates ADMINISTERING AGENCY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which ADMINISTERING AGENCY retains ownership or possession of the property. 9. That ADMINISTERING AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub-grantees, applicants, sub-applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement. 10. That ADMINISTERING AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance. Page 20 of 26 11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any STATE assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERING AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of STATE assisted contracts, ADMINISTERING AGENCY'S DBE Race-Neutral Implementation Agreement is incorporated by reference in this AGREEMENT. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved DBE Race-Neutral Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31 USC 3801 es seq.) THESE ASSURANCES are given in consideration of and for the ni irnncza of obtaining qnx, and all given -1 1 11 1 — I— r— t_ — y federal arants, loans, agreements, property, discounts or other federal financial assistance extended after' the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees, applicants, sub-applicants, transferees, successors in interest and other participants in the federal-aid Highway Program. Page 21 of 26 During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as follows: (1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, ;--h 114; religion, age, or diSCabilitV in the selection and retention of sub-applicants, i, icluding procurements of materials Anrj leases of equipment, ADMINISTERING !STEP ING, A(-.r=r\lr'.V Qh.,::ifl not participate either and _S-S _ _1uI � - — I — 1 chef( not — directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS. (3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all t - -1 11 1 1�1 solicitations either by competitive bidding or negotiation made by ADMINIICZTEPING A(-r=Nl('V fnr W �:'_ - 1v work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin, (4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information. (5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a) withholding of payments to ADMINISTERING AGENCY under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. Page 22 of 26 (6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of paragraphs (1) through (6) in every sub - agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. ADMINISTERING AGENCY shall take such action with respect to any sub-agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such litigation to protect the interests of the United States. Page 23 of 26 The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of federal-aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 20004 to 2000d-4), does hereby remise, release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof. 1111 111 111, 11, TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on ADMINISTERING AGENCY, its successors and assigns. ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, (1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) * (2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in federally- assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the U.S. Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above-described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.* * Reverter clause and related language to be used only when it is determined that such a clause is Page 24 of 26 necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U,S. Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, perrniftee, etc.), shall maintain And nnprqtp cziir_h fwilitiscz qnri czPrNiir-Pcz in rr)mnii-qnce with P11 nth,=ir rarminnrninntQ imposed pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally- assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Page 25 of 26 The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that: I D I no person on the ground of race color, sex, national origin, religion, age or disabilit , shall be :1— — - Y, excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities; k (2) that in the construction of any improvements on, over, or under such land and the furnishing of that thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the (grantee, licensee, lessee, permittee, et...,) shall use the premisues in compliance with the Regulations. (include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY, and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Page 26 of 26 A. P A ' R - K • • 5-T900 INUM SUBJECT: RESOLUTION NO. 2012-036 AUTHORIZING r - . . . ! a.. AUTHORIZATIONS FOR THE OIL PAYMENT PROGRAM r . . r Staff requests that the City Council consider the adoption of Resolution No. 2012 -36 which authorizes the Chief Executive Officer or his Designee to file an application for the Used Oil Payment Program and Used Oil Filter Collection Program effective until rescinded by the City Council. I aiw xei Zi111 G7 Funding from this grant is provided to assist local governments in supporting environmental programs by establishing, maintaining, and /or enhancing, the proper recycling of used motor oil and used oil filters. The program works through the efforts of certified used oil recycling centers (i.e. AutoZone, Firestone Tires, O'Reilly Auto Parts, Jiffy tube and other auto part and motor oil changing shops) by promoting ads, special events, giveaways, and the development of educational materials. Beginning in 2010, the Department of Resources Recycling and Recovery (Cal - Recycle) assumed the responsibilities which were held by the California Integrated Waste Management Board (CIWMB), including the administration of this environmental grant. Cal- recycle is now accepting applications for this grant. One of the most popular educational outreach program elements is the bi- annual art contest connected to an environmental theme. The contest involves elementary school children competing for prizes and a spot on the used oil program calendar. Resolution No. 2012-036 — Oil Payment Program Page 2 of 2 September 19, 2012 The Department of Resources Recycling and Recovery (Cal-Recycle), has established the Used Oil Payment Program (OPP) to make payments to qualifying jurisdictions for implementation of their used oil programs. Cal-Recycle is now accepting applications for the 3rd OPP cycle of the Used Oil Block Grant. Cal-Recycle requires that cities interested in this grant file an application and designate, by resolution, the individual with signatory authority to execute all subsequent grant related documents, including applications, agreements, reimbursements, annual reports, expenditure reports, and amendments necessary to secure grant and receive reimbursements of funds to support our Used Oil and Used Oil Filter Collection Program. WIMUMMMIll There is no impact on the General Fund related to the use of these funds. The City will be receiving these funds upfront to continue the motor oil and used automotive filters programs which are entirely funded through this grant. The City is scheduled to receive about $22,000 for the 3rd OPP Cycle. RECOMMENDATION Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2012-036 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO SUBMIT APPLICATIONS AND RELATED AUTHORIZATIONS." Fill a 1"91 ; 16 Resolution No. 2012-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO SUBMIT USED OIL PAYMENT PROGRAM APPLICATIONS AND RELATED AUTHORIZATIONS WHEREAS, pursuant to Public Resources Code § 48690 the Department of Resources Recycling and Recovery (CalRecycle), formerly known as the California Integrated Waste Management Board, has established the Used Oil Payment Program (OPP) to make payments to qualifying jurisdictions for implementation of their used oil programs; and - -0 -0 • - WHEREAS, CalRecycle's procedures for administering the Used Oil Payment Program require, among other things, an Applicant's governing body to declare by resolution certain authorizations related to the administration of the Used Oil Payment Program. NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. That the City of Baldwin Park City Council is authorizes to submit a Used Oil Payment Program application to CalRecycle. SECTION 2. That the Chief Executive Officer, or his/her designee, is hereby authorized and empowered to execute all documents, including but not limited to, applications, agreements, reimbursements, annual reports, expenditure reports, and amendments necessary to implement and secure payment under the OPP SECTION 3. That this authorization is effective until rescinded by the City of Baldwin Park City Council. PASSED, APPROVED, AND ADOPTED this 19th day of September 2012. MANUELLOZANO MAYOR RESOLUTION NO. 2012-036 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK 1, Alejandra Avila, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2012-036 was duly adopted by the City Council of the City of Baldwin Park at a reaular meetina thereof held on September 19, 2012 and that the same was adopted by the following vote to wit- AYES: COUNCIL MEMBERS- NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA, CITY CLERK LL S. liv, =1 .74rin. 610 U RE 11 TPI—K I • WX1 , A LL ITEM NO. Nl� T_ �01_ I SUBJECT: ACCEPTANCE OF THE DELAMPING OF INTERNALLY ILLUMINATED STREET NAME SIGNS AND ENERGY EFFICIENT SAFETY LIGHT 01 RETROFITS PROJECT, INSTALLED BY C.T. & F., INC. AND AUTHORIZATION TO RECORD THE NOTICE OF CO"FtZ-Tt%�_� The purpose of this report is to provide an overview of the completed work and consider the project's acceptance, contract closeout, and authorization to record a Notice of Completion. Jamel-wei Z•lIl i7 On August 17, 2011 Council awarded the contract for the De-lamping of Internally Illuminated Street Name Signs and Energy Efficient Safety Light Retrofits to C.T. & F., Inc. in the amount of $121,827. DISCUSSION The project consisted of removing and replacing fifty-two (52) internally Illuminated Street Name Signs and replacing them with fifty-two (52) highly Reflective Street Name Signs at fourteen (14) locations throughout the city. Also, on Ramona Blvd from Francisquito Avenue to Badillo Street, fifty-six (56) High Pressure Sodium (HPS) safety lights were retrofitted with fifty-six (56) LED lights above the traffic signals. On Baldwin Park Blvd, from Francisquito Avenue to Merced Avenue, along the center divider, forty- nine (49) of the existing HPS lights were retrofitted with forty-nine (49) LED lights. The project was part of an Efficiency Conservation Strategy (EECS), under the EECBG guidelines that was approve on April 21, 2010 by the City Council. The American Recovery and Reinvestment Act (ARRA) made the Grant available to implement and manage energy efficiency and conservation projects and programs. With the streetlights installed, it will serve as demonstration project that will showcase the City of Baldwin Park's efforts in -energy efficiency and energy conservation and benefit from the LED longer lifespan and reducing maintenance efforts and conserving on electric utility cost. There is an estimated annual energy savings of 53,655 KW/hr for the LED street lights. There will be additional savings from other improvements. Another major benefit will be to our environment by reducing green house gas emission equivalents by reducing electrical demand on our power grid. The following table summarizes the expenditures for the project: Authorized Construction Expenditures Construction $121,827 5% Contingency $ 6,091 Total $127,918 Actual Expenditures Construction $121,827 Contingency $2,638 SC Edison rebate ($4,292) Total $119,485 • RRMI MI. in It ". There is no fiscal impact to the General Fund associated with this project. An Edison incentive rebate of $4,292 will be applied to the LLMD fund to offset the cost of the project along with an unexpended $3,453. Staff recommends that the City Council: 1. Accept the installation/retrofit by CT&F, and authorize the recordation of a Notice of Completion. 2. Authorize the payment of $12,446.51 in retention funds to CT&F upon expiration of the 35-day lien period. fill a IFAN ; 16 Notice of Completion When Recorded Return To: City of Baldwin Park Department of Public Works 14403 East Pacific Avenue Baldwin Park, CA 91706 This Space for Recorder's Use TE0041001 Notice is hereby given that the certain work of improvement known as: DELAMPING OF INTERNALLY ILLUMINATED STREET NAME SIGNS AND ENERGY EFFICIENT SAFETY LIGHT RETROFITS for the City of Baldwin Park was accepted by the City Council on: September 19, 2012. The work of improvement were performed and completed by.- CT&F on July 13, 2012. The undersigned, being duly sworn, is the Director of Public Works for the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. CITY OF BALDWIN PARK 0 Vijay Singhal, City Manager NOTARY PUBLIC CERTIFICATE STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS Date: On this day of )20 before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed this instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature TO: Honorable Mayor and City Council Me rs FROM: Vijay Singhal, Chief Executive Office Lorena Quijano, Director of Finance DATE: September 19, 2012 i ww . - . j / l:.. The purpose of this report is to provide additional information on the CALPERS Public Agency Review to the City Council. BACKGROUND/ DISCUSSION CALPERS has recently increased the number of public agency reviews it performs in order to ensure that local governments are in compliance with contracts and regulations related to retirement and health benefits provided to its members. CALPERS performed an on -site review during September 2010 that consisted of sampling payroll records and processes from April 2007 through March 31, 2010. Due to the time it takes for their internal review, the City received their Public Agency Review report on February 2012. The final Public Agency Review report is included as Attachment 1 and it provides the detail of the results of the review, the scope, the findings related to reporting errors, areas where findings were not found, objective of the review, criteria used for the review, and the City's initial response to the review. Based on the report, the majority of these findings related to processes performed in 2008; some of which were corrected with the implementation of the new GEMS /Payroll /Human Resources system in 2009. I: Areas with Findings The review of payroll records identified six findings which are summarized below along with a brief description of the City's response to the findings (reflected in "italics "): Finding #1: Compensation earnable was not reported (a) Uniform allowance and the monetary value of uniforms for sworn personnel were not reported. ACTION: Staff will be reporting the $800 uniform allowance police officers receive on annual basis as PERSABLE. This does not include items that are solely for personal health and CALPERS Public Agency Review Page 2 safety such as protective vests, pistols, bullets, and safety shoes or any equipment purchases. FISCAL IMPACT.- The cost of the adjustment for three years (as requested by CaIPERS) will be approximately 36.706% of the amount reported (Employer Contribution Rate 27.706% + Employer Pay Employee Rate 9%); the estimated cost is about $45, 000. (b) Educational incentive pay was not reported. ACTION: The City determined that this was an isolated instance (in 2008) for one employee and the City has submitted corrections to CALPERS to correct the reporting of the education incentive. FISCAL IMPACT. There will be no cost for this item. (c) holiday pay was not reported. ACTION: The City has developed a process to report "Police Holiday Pay" for sworn personnel as PERSABLE for employees that are paid the additional compensation during the pay - period it is earned. These are monies earned in addition to the employees' regular earnings for working on a holiday. FISCAL IMPACT., The cost of the adjustment for three years (as requested by CaIPERS) will be approximately 36.706% of the amount reported (Employer Contribution Rate 27.706% + Employer Pay Employee Rate 9%); the estimated cost is about $116, 000. FINDING #2: The value of the Employer Paid Member Contributions (EPMC) was not reported in accordance with applicable _government code sections and regulations. (a) The value of EPMC was not in a written labor agreement ACTION: In the past, the value of EPMC was reported for all eligible employees enrolled in CalPERS based on the approved City Resolution. However, CaIPERS wants the City to include necessary language in the MOU /Labor contract. The City will be including the required language regarding EPMC in new labor agreements and /or employee contracts. FISCAL IMPACT., There is no cost since no adjustments are necessary based on the approved Resolution. (b) The value of EPMC was not reported in accordance with a City resolution ACTION: During the adoption of the City Resolution, the EPMC was 7 %. The City was not aware that when the City amended the non -sworn employees contract to provide a 2.7% @ 55 retirement formula on July 1, 2005 that it also resulted in an automatic increase in the employees' normal contribution rate from 7% to 8% of the employees' reportable earnings. This normal contribution is included in calculation of the amount paid on the value of EMPC which is based on 12.598% (comprised of the employee portion of 8% and the remaining cost required for the implementation of the 2.7% @ 55). Since 7% was used in the total calculation instead of 8 %, the amounts by which the calculations were based upon were under by 1 % of the reportable value. The City has begun reporting the correct percentage to Ca /PERS. CALPERS Public Agency Review Page 3 FISCAL IMPACT. The costs of the adjustment for three years (as requested by CaIPERS) will be approximately $36, 000. (c) The value of EPMC was not reported ACTION: The City had previously reported EPMC on the same line item as the employees' base pay and was not aware that it had to be reported separately. Once CALPERS informed the City, the City began reporting it correctly. FISCAL IMPACT: There is no cost since adjustments are not necessary. FINDING #3: Non - reportable compensations was erroneously reported. ACTION: The City determined that this was an isolated instance in 2008 for the two sampled employees for one pay period and has submitted corrections to CALPERS to correct the reporting of the cell phone allowance. FISCAL IMPACT: There is no cost since this was corrected. FINDING #4: The City incorrectly reported a retroactive earnings adjustment. ACTION: The City determined that this was an isolated instance in 2008 for one sampled employee and determined that this was corrected in the next pay period. However, CalPERS was not made aware of the correction. The City is working with CALPERS to resolve this finding. FISCAL IMPACT: There is no cost since no additional salaries were reported. FINDING #5: The City did not comply with membership enrollment requirements. (a) A temporary /part -time employee with prior CalPERS membership was not enrolled into membership. ACTION: The City has developed a process to check/verify if new temporary/part -time employees have prior CALPERS membership with another PERS agency. This process will ensure that if eligible, members are enrolled, earnings are reported and retirement contributions are submitted timely; FISCAL IMPACT. The member referred to in the finding has been enrolled in CALPERS; the cost of part- timers to be enrolled in CALPERS is 18.286% of their salary (Employer Contribution Rate 14.888% + Employer Pay Employee Rate 3.398 %). (b) Temporary /part -time employees were not enrolled in a timely manner. ACTION: The City has developed a process to track hours worked in order to determine when new temporary/part -time employees should be enrolled into membership; eligible temporary/part -time employees have been enrolled into CALPERS. FISCAL IMPACT: The three members referred to in the finding have been enrolled in CALPERS; the cost of part- timers to be enrolled in CALPERS is 18.286% of their salary (Employer Contribution Rate 14.888% + Employer Pay Employee Rate 3.398 %). CALPERS Public Agency Review Page 4 (c) The City did not report earnings or submit contributions for temporary /part -time employees who were enrolled into membership after meeting CalPERS membership eligibility requirements. ACTION: The City has submitted earnings and contributions for temporary/part -time employees who were enrolled into membership. The City has developed a process to report earnings and contributions for temporary/part -time employees who have been enrolled in PERS simultaneous with all full time employees. FISCAL IMPACT: Earnings have been reported and contributions have been submitted; the cost of part -time contributions to the City is 18.286% of their salary (Employer Contribution Rate 14.888% + Employer Pay Employee Rate 3.398 %). FiN®ING #6 — The City did not report retiring employees' unused sick leave to CALPERS for additional service credit. ACTION: The City is now reporting retiring employees' unused sick leave to CALPERS for additional service credit. The City was not aware that this benefit was automatically added in 2005 as a mandated benefit to those bargaining units in the CALPERS risk pool, which includes the City's safety group.. FISCAL IMPACT. The City submitted an amended form to CALPERS in order to adjust the certifications previously submitted. The cost impact is not known at this time. II: Areas with no Findings It is important to note that although there were findings reported in the Public Agency Review Report, Appendix B, also includes information on various other areas reviewed and noted below in which payroll reporting processes were in place and data was reported correctly to CALPERS: 1. Reviewed payrates reported to CALPERS and reconciled the payrates to City public salary records to determine whether the payrates reported were accurate, properly authorized, and pursuant to publicly available pay schedules. Sample size and period: Reviewed 11 sampled employees in the second service period in March 2010 (3/10 -4). No Finding 2. Reviewed PERS listing reports to determine whether payroll reporting elements were reported correctly. Sample size and period: Reviewed 15 sampled employees in the second service period in June 2010 (6/10 -4). No Finding 3. Independent contractor sample size and period: Reviewed a sample of six independent contractors covering calendar years 2008 and 2009. No Finding CALPERS Public Agency Review Page 5 No Finding 4. Elected officials sample size and period: Reviewed sample of one elected official and two appointed officials covering review period. No Finding 5. Retired annuitant sample size and period: Reviewed a sample of one retired annuitant in fiscal year 2007/2008. No Finding 6. Reviewed health records to determine whether the City properly enrolled eligible individuals into CalPERS Health Benefits Program. Sample size and period: Reviewed 10 employees covering the review period. No Finding The City has been working with the various contact persons at CALPERS in order to obtain further clarification and implement and /or resubmit information. However, since CALPERS recently implemented their new system, the process to implement the last two outstanding findings has become a lot more cumbersome and it has taken a lot longer than expected, especially with current staffing levels of the Finance Department whom is now in charge of reporting to CALPERS. The majority of the findings are the results of CALPERS interpretations of their regulations, which the City was not aware of prior to the review. FISCAL IMPACT The immediate impact, other than potential overtime for staff to complete these adjustments, is minor. However, the impact of these adjustments once completed in fiscal year 2012 -2013 is approximately $200,000 based on the three years required to be adjusted by CALPERS. Staff will be adjusting these additional costs in the proposed budget for Fiscal Year 2012 -2013. In addition to the current costs, there will be long -term costs associated with reporting these additional items as PERSABLE income of about $70,000 since they will continue to be reported. Staff recommends that the City Council receive and file the attached CALPERS Public Agency Review report and direct staff to continue to work with CALPERS in order to close any outstanding items. CALPERS Public Agency Review Page 6 ATTACHMENTS 1. CALPERS Public Agency Review Report 2. Letter from CALPERS dated March 20, 2012 3. City Response dated April 20, 2012 a x CALPERS Public Agency Review Report 1-.- it Services Public.Ag-ency Review Employer Code: 0 ' 595 Job Number: PIO-014 Baldwin Park February 2012 February 10, 2012 City of Baldwin Park Lorena Qu1jano, Finance Director 14403 East Pacific Avenue Baldwin Park, C.A. 9,1'706 I r Dear Ms. Quijano: Employer Code: 0595 Job Number: PI0-014 Enclosed is our final report on the results Its of the public agency review completed for the City of Baldwin Park. Your.. agency's:wriften response, included as an appendix- to the report, indicates agreement with the issues noted in the report. In accordance with our resolution policy, we have referred the issues identified in the report to the appropriate divisions at CaIPERS. Please work with these divisions to address the recommendations specified in ' our report. It was our pleasure to work with y . our agency and we appreciate' the time and -assistance of you and your staff during this review. Sincerely, AAR Aj'ET KER,, Chief Office bf Audit e rvices Enclosure cc: Finance Committee Members, CaIPERS Peter Mixon, . General Counsel, CalPERS Karen DeFrank, Chief, CASD, CalPERS Mary Lynn Fisher, Chief, BNSD, CalPERS Honorable Board Members, City of Baldwin Park California Public Employees' Retirement System Office of Audit Services P.Q. Box 942701 Sacramento, CA 94229-2701 TrY: (916) 795-3240 C ajpERS (916) 795-0900 phone, (916) 795-4023 fax www.calpers.ca.gov February 10, 2012 City of Baldwin Park Lorena Qu1jano, Finance Director 14403 East Pacific Avenue Baldwin Park, C.A. 9,1'706 I r Dear Ms. Quijano: Employer Code: 0595 Job Number: PI0-014 Enclosed is our final report on the results Its of the public agency review completed for the City of Baldwin Park. Your.. agency's:wriften response, included as an appendix- to the report, indicates agreement with the issues noted in the report. In accordance with our resolution policy, we have referred the issues identified in the report to the appropriate divisions at CaIPERS. Please work with these divisions to address the recommendations specified in ' our report. It was our pleasure to work with y . our agency and we appreciate' the time and -assistance of you and your staff during this review. Sincerely, AAR Aj'ET KER,, Chief Office bf Audit e rvices Enclosure cc: Finance Committee Members, CaIPERS Peter Mixon, . General Counsel, CalPERS Karen DeFrank, Chief, CASD, CalPERS Mary Lynn Fisher, Chief, BNSD, CalPERS Honorable Board Members, City of Baldwin Park CITY OF BALDWIN PARK M-1:14ty] we -.311 Resultsin Brief .......................................................................................... 1. CityBackground .... ..................................................... I .......................... 1 .................................................................................................. . 2 Office of Audit Services Review Results ......... I ..................................................... 3 Finding 1: Compensation Earnable Was Not Reported .............................. 3 Finding Z: Compensation Eamable Was Not Correctly' Reported ........ ...... 5, Finding 3: -Non-Reportable Compensation Was Reported ........... ... 11 ...... 1 Finding 4: Salary Adjustment Was Incorrectly Reported ............................ 9 Finding 5: Temporary/Part-Time Employees ............................. I .............. 10 Finding 6: Unused Sick Leave.... ... I ... I .................................... ! ......... I ....... 12, Conclusion................................................................. 13 CalPERS Background.'.- ................................... I ................................. Appendix A Objectives.................. ............... 7 .............................. ....................... Appendix B Criteria I .................................. ................ — — * ........ Appendix C City's Response ................................................................... .......... Appendix D The Office of Audit Services (OAS) reviewed the City of Baldwin Park's (City) enrolled individuals, member compensation, required .health and retirement documentation and other documentation for individuals included in test samples. A detail of the findings is noted 'in the Results section beginning on page three of this report. Specifically, the following findings were noted during the review: • Uniform allowance and the monetary value of uniforms were not reported. • Educational incentive may was not reported. Holiday pay was not reported. The value of Employer Paid Member Contributions -(EPMC) was incorrectly reported. Cell phone allowance was erroneously reported_ . • Salary adjustment was incorrectly reported. • Eligible,part-time employees were not properly enrolled Into CalPERS membership-. Unuse, d sick leave was not certified to CalPERS for retiring members. The pertinbnt sections of the Government Code and California Code of Regulations for each findingare described in g reaterdetall in Appendix C. CITY BACKGROUND The City of.-Baldwin Park was founded in 1887 and incorporated on January 25, 1956, under the general laws of the State of California. The City provides a full range of municipal services. Services provided include police, street maintenance and improvements, transit storm drains, recreation, public improvements, planning,' zoning, and general administrative and support services. Memoranda of Understanding (MOU) and employment agreements outline City employees' salaries and benefits and state the terms of emplo* yment agreed upon between the City and its employees. The City contracted with CalPERS effective September 1, 1965, to provide retirement benefits for local miscellaneous and local safety police employees. The City's current contract amendment identifies the length of the final compensation period as twelve months for the two coverage groups. The City contracted with CalPERS effective March 1, 1976, to provide health benefits to all eligible employees. CITY OF BAL N PARK SCOPE As part of the Board approved plan for fiscal year 2010/2011, the OAS reviewed the City's payroll reporting and member enrollment processes as these processes relate to the City's retirement and health contracts with CalPERS. The review period was limited.to the examination of sampled records and processes from April -1, 2007 through March 31, 2010. The on-site fieldwork for this review was conducted from September 20, 2010 through September 23, 2010. The review- objectives and a summary of the procedures performed, sample sizes, .sample. periods and findings are listed in Appendix B. 0 Finding 1: Compensation earnable was not reported. (a) Uniform allowance and the monetary value of uniforms were not reporte d. (b) Educational incentive pay was not reported. (c) Holiday pay was not. reported. (a) The Qty should report uniform allowances and the monetary value'of' uniforms for all employees required to wear a uniform. This does not include items that are, solely for personal health and safety such as protective vests, pistols, bullets and safety shoes. (b) The City should report educational incentive -pay as spedal-compensatidn in' accordance with the. requirements of California Code of Regulations Section 571 (c) The City . should report holiday.pay for employees who are normally required to, work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays. The City should work with GaIPERS CASID to assess the impact of this non- reporting and deterMrine what . adjustments are needed to both active and retired members' accounts. Conditions: (a) Uniform Allowance Employees in the ' following groups were required to wear a uniform. 0 Public works Police Code-enforcement Recreation • Maintenance 3 IM The City provided a uniform allowance for its police employees and provided uniforms for the other groups of employees; however., the City did not report the uniform allowance or the monetary value:of the uniforms provided. Uniform allowance and the monetary value of uniforms provided is reportable compensation to CaIPERS. (b) Educational Incentive Pay The City did not report educational incentive pay for a sampled employee. Specifically, the City did not report $470.34 in educational -incentive pax/ in service period 7/08-3. The educational incentive pay was paid in accordance with the employee's written labor -agreement and should have been reported to CaIPERS as special compensation, (c) Holiday Pay Police, recreation, and maintenance/public works employees were normally required to work on holidays regardless of their work schedule.' In -service period 7/08-3, three sampled employees earned holiday pay of $291.751 $343.'52, and $474.85, respectively. This pay was in addition to the employees' regular earnings.;. however, the City did not report the holiday pay to CaIPERS. Compensation paid to employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays is reportable com I ponsation to CalPERS. - Criteria: (a) Government Code § 20630(a), § 20636(a), § 20686(c)(1), § 20636(c)(5), § 20636(c)(6) California Code of Regulations § 571(a)(5) (b) Government Code § 20630(a), § 20636(a) California Code. of Regulations § 571(a) and 571(a)(2) (c) Government Code § 20630(a), § 20636(a), § 20636(c)(1), § 20636(c)(5), § 20636(c)(6) California Code of Regulations § 571(a)(5) 4 CITY OF BALDWIN PARK Finding 2: The value of Employer Paid Member Contributions (EPMC) was not reported in accordance with applicable government code sections and regulations. . - a It it I r0 • The City should not report the value of EPMC unless a written labor policy or agreement includes language . that specifically states twhe no-1-11i8l member contributions are to be paid by the City and reported as additional compensation. • The City should ensure the amount or percent t of EPMC reported is the. amount or value identified in 6, City Council resolution that has been submitted to CalPERS. • The City should submit EPMC corrections for active em"ployees'as requested by the CalPERS Payroll Unit. • The City should report.the value of EPMC on all compensation �eamable excluding the special compensation of the monetary value of EPMC.. • The City should report the value of EPMC as special compensation, separate from a Imember's base payrate and regular earnings. The City should work with CalPERS CASID to assess the impact of this incorrect reporting and non-reporting to determine what adjustments are needed to both active and retired members' accounts. Condition: The value of EPMC was not listed in a written labor agreement The City reported the value of EPMC for sampled employees in service periods 7/08-3 and 3/10-4. The sampled employees included an employee from each of the City's bargaining groups. The value of EPMC. must be contained in. a written labor policy or agreement to be reportable to CalPERS as compensation earnable. OAS checked to ensure City labor agreements contained language stating the member contributions were to be paid and reported as additional compensation. Although several City labor agreements contained the required information, OAS found. no language in a written labor agreement stating that the City would report the value of EPMC on so 4k for members of the Police Management Employees Association, the Police Association, executive employees, and part-time employees. The value of EPMC was not reported in accordance with a City resolution The City did not report the amount of EPMC identified in City Resolution #94-67 for the City's miscellaneous group of employees. The resolution, in effect since July 1, 1994, stated that the City elected to pay 100 percent of the miscellaneous groups' normal member contributions as EPMC, and that the City would report.the same as compensation. OAS reviewed the 7/08-3 and 3/10-4 service periods and found the City reported seven percent EPMC for sampled miscellaneous employees. However, seven percent was no longer the normal amount of member contributions. On July 1, 2005, the City amended the contract with CalPE.RS to provide a 1 2.7% Q 55 retirement formula f6r the City's miscellaneous group .of ernployees. The change. resulted in an increase in the miscellaneous employees', normal contribution rate from seven to eight percent of the employees' reportable earnings., Th e* value or amount of EPMC identified in the resolution should be the same amount reported to CaIPERS as compensation earnable. The value of EPMC was not reported In February 2008, the CaIPERS'Payroll Unit found that the City had not been reporting the value of EPMC on behalf of City employees. The CaIPERS Payroll Unit promptly informed the City they were to: Immediately start reporting the value of EPMC. Calculate and report the value of EPMC for all active members for the previous three years. Correct compensation earnable reported in the final compensation period for City employees who retired after July 1, 1994, up to the current period. OAS verified, on a. sample basis, that the City* reported the value of EPMC calculated on employees' regular earnings in service period 7108-3, on regular earnings and special compensation in service period 3/110-4, and that the City submitted information to the CaIPERS Payroll Unit tp. correct salaries reported for retirees during the'final -compensation period. However, OAS I also found that: • The City ' did not submit corrections * ' for three of sampled active employees. • The City did not report the value of EPMC on reportable special compensation paid to employees in service period 7/08-3. R CITY OF BALDWtN PARK The City did not correctly report the value of EPMC for employees in service period 7108-3. Specifically,,* the City calculated the value of EPMC on . employees' regular eamings,and incorrectly reported the value of EPMC as part of employees' base payrate and regular earnings. The value of EPMC should have been reported separately as special compensation. Criteria: California Code of Regulations § -57,14 (a,(" %, § 571(b j, § 5-17 1 ( 'di \1 VA Finding 3: Non-reportable compensation was erroneously repor-ted, Recommendation: The City should immediately stop reporting employee cell, phone allowances. The City should work With CaPERS CASD to assess the impact, of reporting hon- reportable compensation and determine what adjustment's are needed to hnth active and retired members' accounts. Condition: The Cityincorrectly reported a cell phone allowance for two sampled employees in service period 7/08-3. The cell phone allowance of $34.62 was reported and combined with regular earnings. In addition, $2.42, the value of EPMC calculated based on the cell phone allowance of $34.62 was reported, as regular earnings. Since cell phone allowance does not meet- the definition of special compensation, it should not be reported to CaIPER8. Criteriai Government Code ,§ 20636(G)(5), § 20636(c)(6) -f I CITY OF BALDWIN PARK Finding 4: The City incorreoVy reported a retroactive earnings adjustment. Recon7mendation: The City should report the correct service periods involved in a retroactive adjustment. The transaction should have the members new payrate and identify the total additional earnings and contributions for the correct periods. The City should work with CaIPERS CASID to assess the impact of the incorrect reporting and determine what adjustments are needed to the member's account. Condition: The City reported an incorrect amount of regular earnings for one sampled employee in service period 7/08-3. The City paid the employee $14,940.60 in earnings coded* as "Retro Merit Increase" and then reported a retroactive earning's adjustment in the amount of $15,986.44 covering the first pay period in January 2008 (1/08-3) through the first pay period of July 2008 (7108-3). The reported earnings of $15,986.44 included the value of EPMC -(calculated on the $14,940,60). However, -CalPERS records showed that the City previously' reported the new ' payrate and earnings beginning in the second pay period of June 2008 (6/08-4). As a result; the City overstated the retroactive earnings paid to the employee by including the second pay period of June 2008 (6/08-4) and the first pay period of July 2008 (7/08-3) in the retroactive adjustment. Criteria: Government Code § 20630, § 20630(b)(1) 7 MOM Finding 5: The City did not comply with membership enrollment requirements. (a) A*temporary/part-time employee with prior CalPERS membership was not enrolled into membership.. (b) Temporary/part-time employees were not enrolled in a timely manner. (c) The City did not report earnings or submit contributions for temporary /part- time employees who were enrolled into membership after meeting CaIPERS membership eligibility requirements. Recommendations: (a) The City should ensure that employees are enrolled, earnings are reported and retirement contributions are submitted when qualification for CalPERS membership is met. (b) The City should enroll emplo yees who reach 1,000 hours worked in.a fiscal year no later than the.fl.rst day of the first pay period of the month following the month in which 1,000.hours of service is completed. (c) The City should ensure. part-time employees'. earnings are reported, orted, and retirement contributions are submitted', after an employee has been enrolled into CalPERS membership to ensure that employees receive appropriate service credit. The City should work with CalPERS CASIJ to assess the impact of and to correct these non-reporting and membership issues. Conditions: (a).Active Member Not Enrolled One sampled part-time employee, enrolled into membership by a different CalPERS agency on June 13, 2004, . worked for the other agency during fiscal year 2009/2010 and earned partial service credit., The. City should have submitted an enrollment forrn, reported the employQe's compen . sation earnable, and submitted * retirement contributions to ensure that the employee received appropriate service credit. 10 CITY.OF BALDWIN PARK (b) Temporary/Part-time Employees Were Not Enrolled Timely Three sampled temporary/part-time employees worked more than 1,000 hours in a. fiscal year and were not enrolled in a timely manner. • One employee reached the 1,000 hour threshold as of pay date ..January 15,. 2008, and should- have been enrolled no later than the first day of the first pay period of the following month, However, the City did not enroll the employee into CalPERS membership until February 1, 2010- • The second employee reached the 1,000 -hour threshold as of pay date January 14, 2010, and should have been enrolled,no later than the first day of the first payperlod of the following - month. However,, the City did not, enroll the employee into CaIPERS membership. until March 1, 2010. • The third employee reached the 1,000 hour threshold as of pay date -February 25,.20110, and should have been enrolled no later than* the'first day of the first pay .period of the following month. However, the City did not enroll the employee into CalPERS membership until r April .1, 2010. (c) TemporarylPart-time Employees Did .Not Receive Service Credit While checking. temporary /part -time. employees for prior CalPERS membership, OAS identified 17 employees enrolled by the City into membership during fiscal year 2009/2010. OAS also identified that compensation earnable was not reported for the :employees in fiscal year 200912010,. subsequent to their enrollment. 'Three of the 17 employees were selected for a I dditional review, OAS verified that the sampled employees worked at the City after they were enrolled and confirmed that the employees',eamings and contributions were not reported to. CalPERS. The City should have reported the employees' compensation earnable and. submitted retirement -contributions to ensure that the employees received appropriate service credit. Note: The three employees identified in section (b) are the same employees identified in section (c). Earnings and contributions should have been reported on all compensation earnable starting with the first period in which they were first eligible for membership. Criteria: Government Code § 20044, § 20305(a), § 20305(a)(1), § 20305(a)(3)(B), § 20630(a) and (b) 11 11111 gpp� q � i�0��11111 Finding 6: The City did not report retiring employees' unused sick leave to CalPERS for additional service credit. Recommendation: The City should ensure that retiring safety employbes'.unus ed sick leave is accurately certified to CaIPERS so that the retiree receives the appropriate amount of service credit upon retirement. An amended certification form (PERS- BSD-20000) should be submitted to CaIPERS EBINSD in order to adjust incorrect certifications. Condition: Effective July 1, 2005, . credit,for Unused sick leave became a mandated benefit forlthe City's police safety'group due to CaIPERS risk *pooling. During .the on-site review, City staff explained that they were not aware of this mandated benefit' and, consequently, had not reportedunused sick balances for City police safety employees. OAS reviewed the unused sick leave balance at retirement for two sampled employees. One employee retired with 618.5 hours of unused sick leave. The hours- divided by eight converted to 71,313. days of unused sick leave. The second employee retired with'884.,Thoursof unused sick leave'. The. hours divided by eight converted to 110.588 days of unused sick leave. *OAS informed the City that Unused sick days for police safety employees should be reported to CaIPERS for additional service credit. Criteria: Government Code § 20965 12 199LESEM OAS limited this review to the areas specified in the scope section of this report and in the objectives as outlined in Appendix B. OAS limited the test of. transactions to employee sarnples selected from the City's, payroll and health, records. Samplb testing procedures provide reasonable, but not absolute, assurance that these transactions complied with the California Government Code -except as noted. The findings and conclusions outlined in this report are based on information made available or otherwise obtained at the time this report was prepared. Respectfully submittect, -A' AR ET J N ER, CPA, CIA, CIDA � Chief, ffice ofZ�dit Service's Date: February.2012 Staff: Michael Qutil,'C. CIA, Senior Manager Diana Thomas, CIDA, Manager Alan Feblowitz, Manager .Albert Sim 13 AP-P:,E-N,-D�l,x BACKGROUND CITY OF BALDWIN PARK California. Public Employees' Retirement System The California Public Employees' Retirement System (CaIPERS) provides a variety of programs serving members employed, by more than 2,500 local public agencies as well as state agencies and state universities. The. agencies contract with CaIPERS for retirement benefits, with CalPERS. providing actuarial services necessary for the -agencies to, fund t ' heir benefit structure. In addition, CaIPERS provides services which facilitate the retirement process. CalPERS Customer Account Services Division (CASD) manages contract coverage 9. for public agencies and receives, processes, and posts payroll information. In addition,. CASK provides services for eligible members who apply for service or disability retirement. CaIPERS" Benefit Services Division (BNSD) sets up retirees' accounts, processes applications, calculates retirement allowances, prepares monthly retirement -benefit payment rolls, and makes 'adjustments to retirement, benefits. The Health AccountServices section, ' -as part of the CA&D,.provides - eligibility and enrollment services to the members and employers that participate in the CaIPERS Health Benefits Program, including state agencies, public agencies, and school districts. Retirement -allowances are computed :using three factors*: years-of service, age. at retirement and final compensation.. Final compensatio n is defined as the highest average annual compensation oarnable by a member during the last.one orthree consecutive years of employment, unless the member elects a different period with a higher average. State and school members use the one-year period. Local public agency members'final compensation period is three years unless the agency contracts with COIPERS for a one- year period.. The employers'. knowledge of the laws relating to membership and payroll reporting facilitates the employer in providing CalPERS With appropriate employee,' information. Appropriately enrolling eligible employees and correctly reporting payroll information is necessary to accurately compute a member's retirement allo'wance. APPENDIX B CITY OF BALDWIN PAR-C The objectives of this review were to determine: • Whether the City complied with applicable sections of the California Government Code (Sections 20000 et seq.) and Title 2 of the California Code of Regulations. • Whether prescribed reporting and enrollment procedures as they relate to the City's retirement and health benefits contracts with CaIPERS were followed. 4 A This review covers the period of period April 1, 2007, through March 31, 2'0* 11 11 1 k- Procedures, -Sample SIzes, Sample Periods, and Findings To accomplish the review objectives, OAS Interviewed key staff members to obtain an .understanding of the City's personnel and payroll .procedures. OAS also reviewed the following documentation: • Contracts and contract amendments between the City and CalPERS • Correspondence files maintained at Ca'lPERS • City Council minutes and' City Council resolutions • City written labor policies and agreements • City salary, wage and benefit agreements including applicable resolutions • City personnel records and employee hours worked records • City payroll information including Summary Reports and PERS listings • Other documents used to specify payrate, special compensation and benefits for all employees • Various other documents as necessary OAS performed the following procedures. A description of the procedure and the related sample sizes, sample periods and applicable findings for each procedure are indicated. ✓ Reviewed City payroll records and compared the records to data reported, to CaIPERS to determine whether the City correctly reported employees' compensation. Sample size and period: Reviewed 15 employees covering two sampled service periods - the first service period in July 2008 (7/08-3) and the second service period in March 2010 (3110-4). APPENDIX B-1 See Finding 1: (a) Compensation earnable was not reported for uniform allowance and the value of uniforms, (b) Compensation earnable was not reported for educational incentive pay. (c) Compensation earnable was not reported for holiday pay- See Finding 2: The value.6f Employer Paid Member Contributions was not reported in accordance with applicable government code sections and regulations. See Finding 3: Non-'reportabie compensation (celf.phone allowance) was erroneously reported as compensation to CaIPERS. See Finding 4: Adjusted earnings were incorrectly reported. v' Reviewed payraties reported to. CalPERS and reconciled. the payrates. to -City public salary records to determine whether the payrates reported were accurate, properly -authorized, and,purstjant to publicly available pay schedules. Sample size and period: 'Reviewed 111'sampled employees in thesecond service period in March 2010 , .(3/1.0-4). No Finding ✓ Reviewed PIERS listing reports to determine whether payroll reporting elements were reported correctly. Sample size and period: Reviewed 15 sampled employees in the second service period in June 2010.(6/10-4). amu=- V Reviewed the City's enrollment practices pertaining to tempo rary/part-time employees, independent contractors, optional members, and retired annuitants to determine whether individuals met CaIPERS membership eligibility requirements. Temporary/part-time employee sample size and period: Reviewed a sample of one employee for the 1,000 hour t'est'covering fiscal year 2008/2009 and a sample of.1 5 employees for the 1,000 hour test covering fiscal year 2009/2010. CITY OF AL WI PARK Reviewed a sample of 30 emplpyees for the prior membership test. Reviewed a sample of three employees for earnings and contributions reporting. See Finding 6: (a) A temporary/part-time employee with prior CaIPERS membership was not enrolled into membership. (b) Temporary /part -time employees were not enrolled in a timely manner. .(c) The City did not report earnings or submit contributions for temporary/part-time employees who were enrolled into member -hip utter: meeting GaIPERS membe hip elbIlity requirements, Independent contractor sample size and period: Reviewed a sample of six. independent contractors covering calendar years 2008 and 2009. No Finding Elected officials sample size and period: Reviewed sample of one elected of and two appointed officials covering, review pebod. No Finding Retired annuitant sample size and period.: Reviewed a sa mple.of'one retired annuitant in fiscal year 200712008, No Finding ,V Reviewed the City's calculation and reporting of unused sick leave balances. Sample size and period: Reviewed two -retiring members covering the review period for reporting of unused sick leave. See Finding 6: The City did not report retiring employees' unused sick leave to CalPERS. for additional service credit. Reviewed health records to determine whether the City properly enrolled eligible individuals into Ca,IPERS Health Benefits Program. Sample size and period: Reviewed 10 employees covering the review period. No Finding i 1:419-- MW APP�NDlX C CITY OF BALDWIN PART A1110100U. Government Code § 20044, defines a fiscal year as, "Any year commencing on July 1St and ending with June 30th next following." Government Code § 20049, states: "Labor policy or agreement" means any written policy, agreement,, memorandum of understanding, legislative 'action of the elected or appointed body,governing the employer, or any other document used by.the employeir to specify the payrate, special compensation, and benefits of represented and unrepresented employees, Government Code § 20305(a), states, in -part, An employee whose appointment or employment contract does not fix a term of full-time, continuous employment in excess of six months is excluded from this system unless: (1) He or she is a member at the time he or she -renders that service and is not otherwise excluded pursuant to this article or by a provision of ,a contract..... (3)(B) The person completes... 1,000.fiours.within the fiscal year, i . n which case, membership shall be effective not later than the first day of the first pay period. of the month following the month in which ... 1,000 hours of service were completed. Government Code § 20630(a), states, in part: As used in this part, "compensation" means the remuneration paid out of funds controlled by the employer in payment for the members services performe d during normal working hours.... Government Code § 20630(b), states: When compensation is reported to the board, the employer shall identify the .pay period in which the compensation was earned regardless of when reported or paid. Compensation shall be reported in accordance with Section 20636 and shall not exceed compensation earriable, as defined in Section 20636. Government Code § 20636(a), defines compensation earnable by a member as, "The payrate and special compensation of the member." Government Code § 20636(b)(1), states: Payrate means the normal monthly rate of pay or base pay of the member paid in cash to similarly situated members of the some group or class of APPENDIX C-1 employment for services rendered on a full-time basis during normal working hours, pursuant to publicly available pay schedules. Payrate for a member who is not in a group or class, means the monthly rate of pay or base pay of the -member, paid in cash and pursuant to publicly available pay schedules, for ' services rendered on a full-time basis during normal work hours, subject to the limitations of paragraph (2)(e). Government Code § 20636(c)(1), states. Special compensation of a member includes a Payment received for special *skills, knowledge, abilities, work assignment, workdays or hours, or other work conditions. . Government Code § 20636(c)(4), states: Special compensation may include the full monetary value of normal contributions paid to the board by the employer, on behalf of the member and pursuant to Section 20691, if the employer's labor policy or agreement specifically provides for the inclusion of the normal contribution payment in compensation earnable. Government Code, §- 20636(c)(5), -states., The monetary -value of any service -or noncash advantage . furnished by the employer, except as expressly and specifically pro . vi.ded in. this-part, shall not be special compensation unless regulations promulgated by the board specifically deterTnine.that value to be special compensation' Government Code § 20636 (c)(6), states: The. board'shall promulgate regulations that delineate more specifically and exclusively what constitutes "special compensation" as used in this section. Government Code 20965, states: A local miscellaneous member and local, safety imember, whose effective .date m of retirement is within four months of separation . fro . employment with the employer Which granted the sick leave credit, shall be credited at his or her retirement with -0.004 year of service credit for each Unused day of sick Leave certified to the board by his or her employer. The certification shall report only those days of unused sick leave that were accrued' by the member during the normal 'course of his or her employment and shall not include any additional days of sick leave reported for the purpose of increasing the member's retirement benefit. Reports of unused days of sick leave shall be subject to audit and retirement. benefits may be adjusted' where improper reporting is found. CITY OF BALDWIN PARK California Code of Regulations *& 571(a), provides . a list that exclusively identifies and defines special compensation items for members employed -by ,a contracting agency and standards to which compensation must conform in order for items of special compensation to be used to calculate final compensation for an individual member, California Code of :Regulations_ § 571(a)(1), states: Value of Employer-Paid Member Contributions (EPMC) - The full monetary value of employer-paid member contributions (EPMC) paid to CaIPERS and reported as an item of special compensation on.behalf of all members in a group or class. The value of EPMC is calculated on all "compensation earnabW' excluding the special compensation of the monetary value of EPMC paid to CalPERS by the employer under Government Code section 20636(c)(4) thus eliminating -a perpetual calculation. (A) A resolution .or ordinance of the governing body must be provided to CalPERSindicating the group or class, effective date, and the percent or amount of EPMQ being paid and reported as an item of special, compensation. The resolution, or ordinance must be formall y adopted by the employers governing body,, and submitted to CaIPERS for review.and approval. California Code of Regulations § 571(a)(2), identities edu cational incentive as: an item of special compensation. California Code of,Regulations § 571(a)(5), defines uniform allowance as: Compensation paid or the monetary value for the purchase, rental -an I d1or maintenance of required clothing, including clothing made from specifically designed protective fabrics, which is a ready substitute forpersonal attire the - employee would otherwise have to acquire and maintain. This excludes items that are solely for personal health.and safety such as protective vests, pistols, bullets, and safety shoes. California Code of Regulations § 571(a)(5), defines holiday pay as: Additional compensation for employees who are normally required to Work. on .an approved holiday because they work in positions that require scheduled staffing without regard to holidays. If these employees are paid over and above their normal monthly rate of pay for approved holidays, the additional compensation is holiday pay and reportable to PERS. For those employees with written- labor agreements providing holiday credit and allowing employees to cash out accumulated holiday credit, the cash out must be done at least annually and reported in the period earned. If a APPENDIX C-3 CITY OF BALDWIN PARK written labor agreement allows an employee to accumulate holiday pay beyond the year in which it is earned and an employee later elects to cash out accumulated holiday credit, it is not compensation for PERS purposes. California Code of Regulations § 571(b), states, in part: The Board'has determined that all items of special compensation listed in section (a) are: (1) Contained in a written labor policy or agreement. California Code of Regulations 571(d), states: If an item of special compensation is not listed in subsection (a) or is out of compliance with any of the standards in subsection (b) as reported for the jnujvivaual, than it shall not be used to calculate final compensation for that individual CaIPERS Procedures Manual, page 71,.states: All special compensation is required to be reported separately as special compensation as it is earned. - :E�N-��D APP� -IX D� CITY'S. RESPONSE APPENDIX D January 26, 2012 Margaret Junker, Chief Office of Audit Services P.O. Box 942701. Sacramento, CA 942292701 Dear Ms: Junkers . The city has received the draft report. pertaining to your- review of the City of Baldwin Park. We understand the scope _ of your review was limned to sampled records and processes ' from April 1, 2007 through March 31, 2010. based on our review, -the majority of these findings refer to reports submitted i n 2008; ' in which there was a transition in staff, . Subsequent to that period.the city has'tried.to- maintain consistency in payroll staff' and transitioned into a new accounting, human resources and payroll system (GEMS); this allows controls to be set up 'in order for reportable compensation to be reported correctly. Below please find a brief description. of the finding along with the city's. response: FINDING #1, - Compensation earnable was not reported (a) Uniform allowance and, the' monetary value, of uniforms, were not reported: (b) Educational incentive pay was not reported. (c) Holiday pay was not reported. Response.to FINDING #1 (a) The city will be working with CaIPERS, its bargaining. units, employees (public works, police, code- enforcement, recreation and maintenance), and GEMs to develop a process to report uniform allowance and the value of uniforms for all employees required to wear a uniform. The city understands that this does not include items that are solely for personal health and safety such as protective vests, pistols, bullets, and safety shoes. CaIPERS Response January 26, 2012 Page 2 of 4 (b) The city has determined that this was an isolated instance (in 2008) for the sampled employee and has submitted corrections to CalPERS to correct the reporting of the education incentive. The pay code for -this education incentive has been set up as compensation reportable to PERS in the new GEMS system and is being reported correctly. (c) The city will develop a process to report "Holiday Pay". for employees that . receives additional compensation in addition to the employees' regular earnings for working on a holiday. Currently only police officers receive "Holiday Pay" or additional earnings over above their normal monthly rate of pay. Response to FINDING#2 The value, of EPMC was not in a written labor agreement In the post,,the value of'EPMC has been reported for all eligible employees enrolled in CaIPERS. The City will work with the sworn employee bargaining units., contract employees, and part-time employees in order to update labor agreements with the required language,. if necessary. The city understands it should not report the value of EPMC unless a written labor policy o I ragre.ement includes language that specifically states that "the, normal member contributions are, to be paid by the City and reported as additional compensation*," The City will work with CalPERS to determine what corrections are necessary to -members' accounts, if any. The value of EPMC was not reported ih accordance with a City resolution The city was not aware that when the city amended the contract to provide a 2.7% @ 55 retirement. formula for the miscellaneous group! that it resulted in an increase in the employees' normal contribution rate from. seven percent to eight percent of the employees' reportable earnings: The city has begun reporting the correct percentage to CalPERS. The value of EPMC was not reported The city previously reported EPMC on the same line item as the employees' base pay and was not aware that it had to be reported separately. Once CaIPERS informed the city, the city began reporting it correctly. In addition, the City has continuously worked closely with GEMS, its payroll/human resources system, to ensure that reports submitted have the information required, The. city submitted adjustments as reouested to CalPERS during the 2008 year, In order to confirm that no other reporting was needed, the city also contacted CalPERS during a miscellaneous employee retirement in 2010 and verified that no additional corrections were required (see attached email), CaIPERS Response January 26, 2012 Page 3 of 4 FINDING#3 — Non-reportable compensations was erroneously reported. rem a I Lq 1911 The city has determined that thisAas an isolated instance (in 2008) for the two sampled employees and has submitted corrections to Ca.1PERS to correct the reporting of the cell phone allowance. The pay code for cell phone allowance has been set up as "non" reportable compensation in the new GEMS system and is being. reported correctly. -FINDING#4 — The City incorrectly reported a retroactive earnings adjustment. The city has researched the adjustment that was previously submitted to CalPERS (Service * Period 03/09-3 Special), which adjusted the retro earnings for service period 07/08-3 for the employee. The city has determined that another adjustment was needed based on. information provided by CalPERS and has submitted the correction'to- CalPERS. The city. will work with. CalPERS to ensure that this and future corrections are submitted correctly in the new OaIPERS system. FINDIN-G#5 — The',City did not comply with.' membership en*rollment'requirements. (a) A temporary/part-time employee with prior CalPERS membership -was not enrolled into -membership. (b) Temporary/part-tim e* employees were not I enrolled in a timely manner. (c) The City did not report earnings or -sub bershi ritoe/part-t employees who wereenrolled into m e . p aft e r .% meeting C ERS !Me a1P membership eligibility requirements. Response to FINDING#5 (a) The city. has developed 6 process to check/verify if new temporary/part-tirne employees have prior CaIPERS membership with anoth' erC.alPERS agency. This process will ensure that if eligible, members are enrolled, that earnings are reported and that retirement contributions are submitted timely; the member referred to in the finding has been enrolled in CalPERS. (b) The city has developed a' process to track hours worked in order to determine when new temporary/part-tilme employees should be enrolled into membership; eligible temporary/partAme employees have been enrolled into CalPERS. (c) The City Is submitting the earnings. and contributions for temporary/part-time: employees who were enrolled into membership. The city has developed a Ca[PERS Response .January 26, 2012 Page 4 of 4 Process to report earnings and contributions for temporary/par't-time employees who have been enrolled in CalPERS simultaneous with all full time employees. FINDING#6 — The City did not reiki-tretiring employees' unused sick leave to CaIPERS for additional service credit. Response, to FINDING#6 The city is now reporting retiring sworn employees' I unused sick leave to CalPERS for, additional service credit. The City was not aware that this benefit was automatically added in 2005 as a mandated benefit to those bargaining units in the Ca1PERS risk pool, which includes the city's safety group. The City Will submit an amended fors (PERS--BSD-200} to CaTERS in order t6 adjust the certifications previously submitted. The City of Baldwin Park is committed to.it . s employees and has been improVing its processes, including the purchase of a, new payroll/human resources system-, in order to set controls that will allow Us to report information correctly to CalPERS. We understand that we must continue to work with CalPERS to ensure that all data a'ta is captured in the payroll reports that are submitted. Please let us know If-you have any questions. or heed ad' our responses. ditiona,l information regarding Thank you, Yena Q. uija no Finance Director Cc: Vijay Singhal, Chief'Executive Director irector Leticia Lara, Human Resources Manager Rose Tam, Assistant Accounting Manager Alan ✓eblowitz, CalPERS Representative Attachment: November 3, 2010 email from CalPERS Letter from CALPERS dated March 20, 2412 Customer Account Services Division P.O. Box 942709 Sacramento, CA 94229-2709 Telecommunications Device for the Deaf - (916) 795-3240 886 CaIPERS (or 888-225-7377), FAX.(916) 795-2330 -March 20, 2012. Employer Code # 0595 City of Baldwin Park Lorena Quijano, Finance Director 14403 East Pacific Avenue Baldwin Park, CA 91706 Dear Ms. Qu1jano: We have received ac'opy of the final Public Agency Review for the City of Baldwin Park from the CaIPERS Office of Audit Services: We would like to assist.you in resolving the finding(s) in the report. Please refer to the table below for information regarding each finding. Please provide a *written response to the appropriate contact person listed below within.thirty (3�Q).days of this letter indicating your progress in resolving these risk(s): Finding Page Comments - Contact 3 Comvensation Ei6rnable was not Antone K. Paul reported. (a) The City should report uniform allowances for all employees required to wear a, uniform to CaIPERS as special -compensation (b) The City should ensure that educational incentive pay is reported to CalPERS as special compensation. (c) The City should report holiday pay for employees who are normally required to work-on an approved holiday to QaIPER~$ •'as, special compensation,. California Public Employees' Retirement System www.calpers.ca.gov. 2 3 M 2 The. value of Emoloyer Paid Member Contributions (EPMC) was not reported in accordance with applicable government code sections and regulations. The City should ensure that the value of EPIVIC is contained in a written labor policy or agreement and must be reported to CaIPERS as special Lcompensation. Non-reportable compensation was egooqou slv reported. This City should immediately stop reporting'employee cell phone allowances to CalPERS. 9 The City incorrectly reported a retroactive earnings adjustment. The City incorrectly reported a retroactive earnings adjustment The City should report the correct service periods involved in a retroactive adjustment. The transaction should have the member's new pay rate and identify the total additional earnings and contributions for the correct periods. Please indicate when ' the City of Baldwin Park is going to submit their corrections to us, The -City did not .GOMDIV with. rnernbershio enrollment -reguiremeets. '(4 A temporarv/bart-time employee WifWprior CaIPEEa membership Was not enrolled into membership. The City shoulde'nsure that the employee is enrolled into CalPERS in accordance with March 20, 2012 Antone K. Paul Savino Gutierrez or Thomas Comfort Liz Loft the Public Agency Review and all payroll reported from' the employee's membership date until current -if still employed or until the employ6p separated if he no longer works fdr your agency. (b) TemporaDL/Part-time employees were not enrolled in a timely manner. The City should ensure that the employees are enrolled into CaIPERS on the first day of the pay period following the dote in which they work6d 1,000 hours. Payroll should be reported from the employee's membership date until current if still employed 6r-until they separated if they no longer work for your agency. (Employee membership dates do not currently match the dates listed on the confidential list.) (c) The City did not report earnings or submit contributions for temporary/part -time employees who were enrolled into fnei6bershij)'after me&tih4', CalPERS membership, eligibility requirements. The City should ensure that ALL employees who are enrolled, or eligible for enrollment, are enrolled when eligible and their earnings reported to CalPERS. Any payroll that has not been reported, and is now part due., should be provided by pay period on the Arrears Payroll Reporting Form (MEM-1344) and should be reported from tL('-_!2MP_LOY_e_@'s membership . March 20, 2012 4 March 20, 2012 For any. quesfions concerning*-these risks, you'may -contact the Unployer-COntactCenter at 888 CaIPERS (or 888-225-7377), -if yo6'have already taken action on any of the risks contained within the review, phase contact us At the above number or send a letter to .the address below, CalPERS Customer Account Services Division P.O. Box 942709. Sacramento, CA 94229-2709 Sin rely, -(JIWA&F H di Callahan Eimployer Review Liaison Customer Atcount Services Division date. until present if they are still working or until they'separated if they no 'ibnger work for, your agency. Tile M EM- 1344 -form is located-. on the CaIPERS W- ebsife, www.CaJPERS.ca.go.v, under Employer Forms and Publications Directory. Please notify Liz Loft when the employep's membership has. been keyed and the payroll completed. The MIEM-13344 f forin can be faxed to Liz Lott at (9.16) 796,3287. For any. quesfions concerning*-these risks, you'may -contact the Unployer-COntactCenter at 888 CaIPERS (or 888-225-7377), -if yo6'have already taken action on any of the risks contained within the review, phase contact us At the above number or send a letter to .the address below, CalPERS Customer Account Services Division P.O. Box 942709. Sacramento, CA 94229-2709 Sin rely, -(JIWA&F H di Callahan Eimployer Review Liaison Customer Atcount Services Division ♦ a a i City Response dated April 20, 2012 0323M Heidi Callahan Employer Review Liaison Customer Accounts Services Division P.O. Box 942709 Sacramento, CA 94229-2709 Dear Ms. Callahan, The City received your letter dated March 20, 2012, regarding the outstanding findings as R relates to the final Public Agency Review (scope of work from April 1, 2007 through March 31, 2010). The City has contacted the "Contact" individuals noted below and has provided a "Status" for each of the findings. Finding Page Comments Contact STATUS 1 3 Compensation earnable was not reported. Antone K. Paul The City is. working With Mr. (a) The City should report uniform allowances Paul and has for all employees required to wear a uniform obtained further to CaIPERS as special compensation. clarifications that will allow us to (b) The City should ensure that educational resolve these incentive pay is reported to CaIPERS as findings. special compensation, The City has also (c) The City should report holiday pay for obtained employees who are normally required to work assistance in how on an approved holiday to CaIPERS as to enter ' special compensation. corrections In the new "My CaIPERS CaIPERS Response April 20, 2012 Page 2 of 4 Finding Page Comments Contact STATUS 2 5 The value of Employer Paid Member Antone K. Paul The City is Contributions (EPMC) was not reported in working with Mr. accordance with applicable government code Paul and Mr. sections and regulations. Gutierrez In order to resolve this The City should ensure that the value of finding. EPMC is contained in a written labor policy or agreement and must be reported to CaIPERS 'Tbe City has also as special compensation. provided Resolution No. 94- 67 that allows for the reporting of the value of EPIVIC as special compensation to both safety and local miscellaneous employees- 3 8 Non-reportable compensation was Antone K. Paul The City has erroneously reported. notified Mr. Paul that the City does This City should immediately stop reporting not currently report employee cell phone allowances to cell phone CaIPERS. allowance to CaIPERS and that the City is currently submitting corrections to correct this 2008 error. 4 9 The City incorrectly reported a retroactive Savino The City has earnings adjustment. Gutierrez contacted Mr. or Gutierrez and is The City incorrectly reported a retroactive Thomas currently earnings adjustment. Comfort submitting corrections to The City should report the correct service correct this 2008 periods involved in a retroactive adjustment. error. The transaction should have the member's new pay rate and identify the total additional eamings and contributions for the correct periods. Please indicate when the City of Baldwin Park is going to submit their corrections to Us. CaIPERS Response April 20,2012 Page 3 of 4 Finding Page Comments Contact STATUS 5 10 The City did not comply with membership Liz Lott The City has enrollment requirements. contacted Ms. Lott and will be (a) A temporary /part- time employee with prior submitting CALIPERS membership was not enrolled into corrections on Form membership. MEM-1344. The City should ensure that the employee is enrolled into CaIPERS in accordance with the The City has placed Public Agency Review and all payroll reported procedures In place frorn the employee's membership dote until to ensure that current if still employed or until the employee employees are separated if he no longer works for your agency. enrolled into CaIPERS on the first (b) TemporaryiPart-tune employees were not day of the pay enrolled in a timely manner. period following the date in which they The City should ensure that the employees are worked 1,000 hours enrolled into CaIPERS on the first day of the pay AND that the City period following the date In which they worked verifies if any new 1,000 hours. Payroll should be reported from the employees have employee's membership date until current if still prior CALIPERS employed or until they separated if they no longer membership, work for your agency. (Employee membership dates do not currently match the dates listed on The City is reporting the confidential list.) earnings and submitting (c) The City did not report earnings or submit contributions to contributions for temporary/part-time employees CaIPERS once the who were enrolled into membership after meeting employee has been CaIPERS membership eligibility requirements. enrolled and is eligible for The City should ensure that ALL employees who enrollment are enrolled, or eligible fear enrollment, are enrolled when eligible and their earnings reported to CatPERS. Any payroll that has not been reported, and is now past due, should be provided by pay period on the Arrears Payroll Reporting Form (MEM- 1344) and should be reported from the employee's membership date until present if they are still working or until they separated if they no loner work for your agency. The MEM-1 344 form Is located on the CalPE RS Website, www.CeIPERS.ca,gov, under Employer Forms and Publications Directory. Please notify Liz Lott when the employee's membership has been, keyed and the payroll completed. The MEM- 1344 form can be foxed to Liz Lott at _1116 ) 795-3287. CaIPERS Response April 20,2012 Page 4 of 4 The City of Baldwin Park is committed to resolving any outstanding findings and we will continue to work with the above contacts in order to complete and finalize outstanding items in the next few months. We understand that we must continue to work with CalPERS to ensure that all data is captured in the payroll reports that are submitted. Please let us know if you have any questions or need additional information regarding our responses. Cc: Vijay Singhal, Chief Executive Director Leticia Lara, Human Resources Manager Rose Tam, Assistant Accounting -Manager P , A ' R ' K TO: Pionorable 111layor and City Council FROM: Vijay Singhal, Chief Executive Office Lorena Quijano, Director of DATE: September 19, 2012 The purpose of this report is to provide the City Council with information related to regulations regarding car washes within the City of Baldwin Park. BACKGROUND/ DISCUSSION At the September 5, 2012 City Council meeting, a request was made for staff to provide an update on the process to issue car wash permits for fund raising purposes and evaluate waiving of permit fees for fund raisers related to school events. The following provides a brief summary of the regulations which control these types of activities. The Municipal Code of the City of Baldwin Park complies with the requirements of the Los Angeles County Municipal Storm Water "National Pollutant Discharge Elimination System" (NPDES). The City must obtain an annual permit from the State and comply with NPDES in order to avoid penalties. Part 1 "Discharge Prohibitions" of the NPDES permit prohibits non -storm water discharges into the MS4 and watercourse (waterways). However, one of the exceptions allowed is for "Non- commercial car washing by residents or by non - profit organization." (This exception is under Part 1 Section 2c subsection (7).) Based on this exception, only the following types of carwashes are allowed: (1) non - commercial car washing (meaning residents washing their cars at home; no permit is required for these) and (2) carwashes by non - profit organizations, which would include churches, schools or other registered non - profit organizations. All other types of carwashes are not permitted. Therefore, the City only issues permits for carwashes organized by non- profits, which must provide proof of the non. - profit status. If permits are requested for a school fund raising event, the school may conduct the car wash at the school since the school already has its own NPDES permit with the State. Carwash Process and Permits Required Page 2 Currently, the City does not charge a valid non- profit organization who would like to conduct a car wash for fundraising purposes so long as proof of their non - profit status is provided. Based on the City's records, there have only been three permits issued to nonprofits since 2008 and any other car washes that might be occurring have not been authorized by the City. The City does charge a temporary use permit fee of $115 to organizations who are not nonprofits for events up to 3 consecutive days; however, these permits are usually for grand openings, health fairs, and tent sales. Even though a permit would be issued to a non - profit for car washes under the Los Angeles County Municipal NPDES permit, non- stormwater discharges associated with car washing must be prevented from entering the storm drain. To accomplish this, the discharger must implement appropriate best management practices (BMPs) as follows: Ideally, car washing should take place over an area where the wash water will not leave the site (e.g., over grass, Lliit, or gravel). If it is anticipated Ulat wash water cannot be prevented from leaving the site and will enter a down stream catch basin, the following steps must be taken: (1) block the catch basin with sand bags or place an impermeable material over the inlet (plastic sheeting anchored by sang bags or other weights); and (2) remove any standing water in the curb and gutter using ,a wet- vacuum or other effective means. If these regulations are not followed, the following penalties apply: The California Water Code (CWC) provides that any person who violates waste discharge requirements provisions of the CWC is subject to civil penalties of up to $5,000 per day, $10,000 per day, or $25,000 per day of violation, or when the violation involves the discharge of pollutants, is subject to civil penalties of up to $10 per gallon per day or $25 per gallon per day of violation; or some combination thereof, depending on the violation or combination of violations. Due to these regulations, the City will not be able to issue any permits or allow carwashes by individuals or organizations other than non- profit organizations. To protect the City from fines and penalties, Code Enforcement ensures that non permitted carwashes are not occurring. Therefore, all individuals or organizations, which desire to have carwashes to raise funds for school sponsored program are encouraged to coordinate them with the respective schools to avoid being shut down or exposing the City to fines and penalties. FISCAL IMPACT There is no fiscal impact as long as the City follows the NPDES permit guidelines. 1a;K07 IT, l►Y lak, l-N7_rim�l Staff recommends that the City continue to allow the issuance of free car wash permits to charitable /non - profit agencies as allowed under NPDES in order to avoid penalties. ITEM NO. /If 13 - Staff Report • IIIII 11b, III T PT -1 T A 5 AUX, k • • JAYII TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City of / Baldwin Park mmffi SUBJECT: Consideration of an Exclusive Negotiation Agreement (ENA) with ROEM Development Corporation for a Proposed Transit-Oriented Mixed-Use Development Project between Ramona Blvd and the Baldwin Park Civic Center l all mosmo To consider an Exclusive Negotiation Agreement (ENA) for a total period of 180 days (with possible extensions up to an aggregate total of 180 days) with ROEM Development Corporation, for a potential Transit-Oriented Mixed-Use development project located between Ramona Blvd to the north and the Baldwin Park Civic Center to the south. 90ABKAKME The ROEM Development Corporation intends to develop transit-oriented mixed use project on city property immediately adjacent to the public parking structure, currently under construction, and Ramona Blvd. The project would consolidate a series of small parcels currently occupied by the Police Department as a parking lot (the Police vehicles are intended to be relocated on the ground floor of the public parking structure). The combination of all the small parcels owned by the Successor Agency is sufficient to accommodate a multi story mixed used project and related parking. Since the a portion of the subject property is currently owned by the Successor Agency of the City of Baldwin Park to the Dissolved Community Development Commission, any potential transfer of that ownership would have to be approved by the Oversight Board and then by State of California Department of Finance. SUBJECT: Consideration of an Exclusive Negotiation Agreement (ENA) with ROEM Development Corporation for a Proposed Transit-Oriented Mixed-Use Development Project between Ramona Blvd and the Baldwin Park Civic Center F!IFrq.a_*-Lq-5 To consider an Exclusive Negotiation Agreement (ENA) for a total period of 180 days (with possible extensions up to an aggregate total of 180 days) with ROEM Development Corporation, for a potential Transit-Oriented Mixed-Use development project located between Ramona Blvd to the north and the Baldwin Park Civic Center to the south. The ROEM Development Corporation intends to develop transit-oriented mixed use project on city property immediately adjacent to the public parking structure, currently under construction, and Ramona Blvd. The project would consolidate a series of small parcels currently occupied by the Police Department as a parking lot (the Police vehicles are intended to be relocated on the ground floor of the public parking structure). The combination of all the small parcels owned by the Successor Agency is sufficient to accommodate a multi story mixed used project and related parking. Since the a portion of the subject property is currently owned by the Successor Agency of the City of Baldwin Park to the Dissolved Community Development Commission, any potential transfer of that ownership would have to be approved by the Oversight Board and then by State of California Department of Finance. ROEM — ENA Sept. 19, 2012 Page 2 of 5 Subject Parcels: 8554-001-900 .......... ............................... Northern portion only 8554-001-901 ......................................... 7,500 SF 8554-001-904 .......... ............................... 7,500 SF 8554-001-907 ......................................... 7,500 SF 8554-001-910 .......... ............................... 7,200 SF 8554-001-911 .......... ............................... Northern portion only Parking frontage along Ramona Blvd..... ±5,000 SF Total ....................................................... ±1.13 Acres • R%'-;L'--M Development Corp., iis proposing to construct one 33-slory structure with 44 affordable residential rental units of various size (1- , 2- and 3-bedroom), approximately 6,000 SF • ground floor retail. The project would also provide 28 parking and an additional 68 parking spaces would be provided in the Transit Center parking structure for a total of 96 required parking spaces. 1. The Exclusive Negotiation Agreement (ENA) Staff has developed the attached ENA for Council review and consideration. The major terms of the ENA are as follows: • Period: 180 days with possible additional 180 days extension with Executive Director approval. • Bi-Monthly Reports: Bi-Monthly progress reports required on the 10th of each month starting with the full month after execution of ENA. • Financial Feasibility Prospectus: To be delivered within 60 days after effective date of ENA. • Market Feasib [lity Study: To be delivered within 90 days after effective date of ENA. • Necessary Debt and Equity Financing: To be delivered within 120 days after effective date of ENA. f Right to Additional Information: Successor Agency reserves the right to request reasonable additional information and data from developer for review and evaluation • the proposed development. Hazardous Material: Developer is responsible for making site suitable for development. MIN —me ROEM — ENA Sept. 19, 2012 Page 3 of 5 The ENA would allow staff to evaluate the project feasibility, the appropriateness of the City's level of contribution and make recommendations as appropriate. Developer anticipates the City contribution of land, parking and approximately $1.6M in HOME subsidies. In addition, Developer will also be seeking tax credits. Based on preliminary estimate, the total project cost is approximately $13.5M. HOME funds of $1.6M have accumulated over the years due to a lack of eligible projects. However, a portion of these funds is at risk of lapsing if not committed through this ENA. The ENA would allow the City to commit the funds and secure them for the life of the ENA and then to be appropriated to the project as needed. At the conclusion of the ENA, if the City decides to proceed with the project, the developer and the City will have the option negotiate and enter into a Disposition and Development Agreement (DDAI f-%�J r-%I. There is no fiscal impact related to the approval of the ENA. However, as needed, HOME funds may be allocated to this project as follows: Commitment of HOME Allocation. City hereby commits the HOME Allocation for the use of Developer for the Multi-family Development Project. The actual delivery of any portion of the HOME Allocation to or on behalf of Developer is expressly conditioned upon City and Developer agreeing to a mutually acceptable location, design, schedule of performance, scope of work and other necessary provisions. City intends the commitment of the HOME Allocation which is made pursuant to this Section 1 shall qualify as a "commitment" of funds pursuant to 24 CFR 92.2, as a written agreement reserving a specific amount of funds. I4::[CJAJR;J 7 T _4'J IAA The General Counsel has reviewed the ENA. Staff is recommending the City Council and Successor Agency Board approve the proposed Exclusive Negotiation Agreement. Attachments: • ENA • Concept drawings and ROEM information FAA NUMMM716 wo • mIll =,I,g EXCLUSIVE NEGOTIATION AGREEMENT THIS EXCLUSIVE NEGOTIATION AGREEMENT ( "ENA ") is entered into by and between the SUCCESSOR AGENCY OF THE CITY OF BALDWIN PARK TO THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK, a public body, corporate and politic ( "Successor Agency ") and the ROEM DEVELOPMENT CORPORATION, a California corporation ( "Developer ") under the terms and provisions set forth below. WHEREAS, in furtherance of the goals and objectives of the General Plan of the City of Baldwin Park ( "City ") and vision for the Baldwin Park transit center, Successor Agency and Developer desire to enter into negotiations concerning the development of certain land (defined below as the "Project Site "); and WHEREAS, the Project Site is designated as such on the Project Site Map ( "Exhibit A "); and WHEREAS, the parties recognize and acknowledge the purpose of this ENA is to provide Developer an opportunity to further develop, refine, and analyze their proposal and to negotiate the terms of a Disposition and Development Agreement ( "DDA ") or an Owner Participation Agreement ( "OPA "), which will accomplish the objectives described in Paragraph 1 below. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, the receipt ofwhich is hereby acknowledged, Successor Agency and Developer hereto mutually agree as follows: The purpose of this ENA is to provide for the negotiation by the parties of a Transit - Oriented Mixed -Use development providing for, among other things, the following: A. The acquisition by Developer of the Project Site for a Transit - Oriented Mixed -Use Development in accordance with City's vision and the General Plan and for the development and construction of a Phase I development comprised of 44 affordable residential units, about 6,000 SF of retail and provision of all related parking needs. The development shall be a master planned, pedestrian- oriented mixed -use development with open spaces and public amenities (the "Proposed Development"). The development shall be subject to and consistent with the requirements of the California Environmental Quality Act and related State Guidelines ( "CEQA "). The Project Site is proposed to consist of property generally located between Ramona Blvd to the north, the City Hall complex to the west, the public parking structure to the south and the Verizon property to the east. The Project Site is approximately consists of six (6) Successor Agency -owned parcels of approximately 1.5 acre, as well as that portion of right -of -way fronting the existing businesses along Ramona Blvd. Page 1 By entering into this EN �,��nu��m��odhn��lcmooChv`ov�on�d Gco�u Plan. Nothing herein shall obligate or be deemed to obligate Successor Agency to commence any action or actions, including, but not limited k)" eminent domain proceedings, for voluntary or involuntary acquisition of real or personal property, or any interest therein. The parties understand and agree Successor Agency cannot bu obligated to coourocnco any action to convey any io1orcd in any portion of the Project Site to Developer, unless and until, among other legal roguircrusn1a and as applicable, all ooccmaucy steps are met, including, but not limited to, good faith negotiations, due process conducted by Successor Agency and in Suoucomuc Agency's sole discretion, uttor duly oodncd and conducted public meeting, u determination the public necessity and interest is best served by such conveyance. B. The coordination wfthe planning, design and construction ofProposed Development oo the Project Site and to maximize its compatibility ` vvhbthe abutting and adjacent uses and tominimize environmental, traffic and other impacts ou the abutting and adjacent uses. C. Provisions related to Souuummor Agency potential assistance, if any, through disposition nfproperty. D. Other the participation and responsibilities of the and Sucocxmuc Agency necessary io further the purpose ofdeveloping the Project Site, such us provisions for processing approvals and permits. 2. EXCLUSIVE RIGHT TO NEGOTIATE A. Successor Agency hereby grants to Developer, and Developer hereby accepts this IONA for a period of one hundred eighty (180) days, commencing oo the date this EN/\io signed ou behalf ofSuccessor Agency. With no expectation, or express nr implied intent any extension to the term of this ENA will be accepted by eitherparty, upon written request by Developer, Successor Agency's Executive l]ircokzr (the "Executive Director") may extend the term of this ENA for up to an aggregate total ofon additional one hundred eighty (l8O)days. B. @ucocuuoc Agency and Developer agree, for the period set forth bnthis Paragraph 2, to negotiate diligently and iu good faith \o prepare o[)l)A or(}P/\tubc entered into by Successor Agency and Developer with regard to the objectives described above. During the term nfthis EN/\, Successor Agency agrees not to negotiate for the development of the Project Site, or portion thereof, with any party other than the Developer, or approve or conduct a public hearing for any other development of the Project Site, or portion thereof. During the term of this 2N/\, Developer agrees um partial consideration for this ENA not to negotiate with any other party at any other property outside the jurisdictional boundaries of City and within a 3'cui|c radius extending from the boundaries of the Project Site for umca similar to those cordcnp|utcd for the Project Site. Page 2 TERMS Successor Agency and Developer hereby agree k/ the following terms: A. Developer to Pqy All Successor Agency Third Party Costs. Developer is responsible to pay any and all Successor Agency third party costs directly m indirectly related to this EN& and incurred io good faith by Successor Agency ("Tbbd Party Couto"). If Developer fails to remit Third 9urh' Costs within ten (18 days after receipt of an invoice from u third party submitted to Developer by Successor Agency, then Successor Agency's obligations pursuant to this EN/\ obui] ocuoc oud| such Third Party Costs are paid in full hyDeveloper. x� B. . ()uor before the tenth (lv ) day of every two months starting with the first fu I I month after the effective date of this ENA, Developer shal I provide bi-monthly status reports io the Executive Director in a format reasonably requested by the Executive Director. These reports, at o minimum, will include mtutnu reports regarding progress associated with the schedule of performance and information regarding Developer's efforts to work- with current owners and tenants on the Project Site and [)ovc|upor-o efforts to acquire the land necessary for the project and aocunc gnu|ih/ commercial tcnuo$ for the Proposed Development. C. Financial Feasibility Prospectus. Within sixty (6O) days after the effective date o[ this XNA, [)evmhoncr mhuU submit to Successor Agency upro fb,ozo showing the fiscal feasibility for its Proposed Development. D. Market Feasibility Stqdy. Wbin ninety (9N days after the effective date n[this ENA`Developer shall submit to Successor Agency o market feasibility study for its Proposed I}ovoiupnucnt, including a ncuideo1iu] housing and neighborhood retail specific market study and residential housing and neighborhood retail marketing strategy. E. Necessary Debt and Equity Financing. Within one hundred and twenty U2C0days after the effective date of this ENA, Developer shall submit reasonable satisfactory evidence to Successor Agency, including the financing structure and preliminary commitments and letters of intent from retail businesses, demonstrating Developer can and will obtain the necessary debt and equity financing in an amount sufficient to pay for acquisition and development uf the Project Sitc E Within one hundred and fifty (15U) days after the effective date of this ENA, Developer shall submit to Successor Agency conceptual and phasing plans for the development of the entire Site (the "Concophua|/Pbuaing Plans"). City staff shall review and comment onthe Conceptual and Phasing Plans. G. Successor Agency reserves the right, during the term of this ENA,to request reasonable additional information and Page 3 data from Developer necessary for review and evaluation of 'the proposed development. Developer agrees bo provide such additional information uc data om reasonably requested iou timely manner. All information regarding the Developer's business practice which may hc provided to Commission, shall remain confidential to the extent permissible by law. D. Hazardous Materials. Successor Agency shalt not be responsible for conducting or Ouuociug any testing of the Project Site for hazardous materials pursuant to any applicable laws, statutes, rules and regulations. /\m between Successor Agency and Developer, Developer shall also be ,cmpoumih|e for making site conditions suitable for the Proposed Development, including, but not limited to` flood zones, A|guia1- Priu|o"ondeirnilarzoaKcra.Fo,porpomeoofdbioEN/\,"huzardouoono1edo|u" sho[| mean asbestos; polychlorinated b' hcuy]o(whetbcrnrnotbiub|yoh|orinatz6);rodon gas; radioactive cnu1uria|m; explosives; cbccoiuu|s known to cause cancer or reproductive toxicity; hazardous waste, toxic substances or nr|ated materials; petroleum and petroleum product, including, but not limited to, gasoline and diesel fuel; those substances defined as a "Hazardous Substance", um defined by section 9601 of the Comprehensive Environmental Response, Compensation and Liability Act ofl980,42l].S.C.96Ol,etneq.,oruo "Hazardous Waste" as defined bysection h9O3of the Resource Conservation and Recovery Act, 42lJ.8.C.h9Ol,u/xeq.;au "^Bzbcnne|y Hazardous Wuote," u'^l1uzucduuu VVuotc" oru "Restricted Hazardous VVuote," as defined by The Hazardous YVumtc Cuu1nn| Law under sections 25115` 25117 or 25122.7 of the California Health and Safety Code, or is listed or identified pursuant to section 25140 of the California Health and Safety Code; a "Hazardous Mu1eria[`, "Hazardous Substance ,``'^ Hazardous Waste" oc "Toxic Air Contaminant" as defined by the California Hazardous Substance Account Act, |mvm pertaining to the underground storage of hazardous substances, hazardous materials release response plans, or the California Clean Air Act under sections 25J|6,2520l,2550|, 2550|.lor39655o[ the California Health and Safety Code; ^'()i|" ocu"Hazardous Substance" listed or identified pursuant to section 311 of the Federal Water Pollution Control Act, 33i].S.C.|32\;u "Hazardous VVuote," "Extremely Hazardous Waste" or an "Acutely Hazardous Waste" listed or defined pursuant to Chapter I I of Title 22 of the California Code of Regulations sections 6626|.|-662h|.|26; chemicals listed by the State of California under Proposition 65 Safe Drinking lYo1cr and Toxic Enforcement Act of 1986 as uohcrnioo| known by the State to cause cancer or reproductive toxicity pursuant to section 25249.8 of the California Health and Safety Code; a material which due to its characteristics or interaction with one or more other substances, chemical compounds, or mixtures, materially damages or threatens to materially damage` health, mu[eiy` or the environment, or is required byany law or public agency 10 be connediated, including n:noodia1ion which such |uvv or government agency rcgoircu in order for the property to be put to the purpose proposed by this EN/\; any rua1edo| vvboae presence would require recncdin1iou pursuant k>the guidelines set forth iu the State of California Leaking Underground Fuel Tank Field Manual, whether or not the presence o[ such material resulted from a leaking underground fuel tank; pesticides regulated under the Federal Insecticide, Fungicide and [lodenticidc /lcL 7 U.S.C. 136 e/seg.; asbestos, PCBs, and other Page 4 uobmtaoucm regulated under the Toxic Sohobo)ces Control Act \� D.S.C. 2601 et seq.; any radioactive material including, without limitation, any "source ozutcrkd`" ^^ppeoiaJ nuclear material ,`" ^1bv mutcdu|`" "low-level vvaateo,`" .. high-level radioactive vvuahe," '^opcut nuclear fuel" or 'tconmaronio p/umte` and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, 42lJ.S.[20|1ot sey." the Nuclear Waste Policy Act, 42(J.S.C. l0101e/seV.,or pursuant to the California Radiation Control I.avv California Health and Safety Code sections 25800 et seq.; hazardous substances regulated under the Occupational Safety and |{co|th Act, 29 U.S.C. 651 o/ seq., or the California Occupational Safety and Health Act, California Labor Code sections 6300 etseq.; or regulated under the Clean Air Act, 42 U.S.C. 7401 o/xoq. or pursuant to The California Clean Air Act, sections 3900 et seq. of the California Health and Safety Code. Any studies and reports generated by Developer's testing for hazardous zuutc,iu|o mbul| be made available to Commission upon Commission's request. l. No Obligation by Successor Agency. Nothing herein shall obligate urbu deemed to obligate Successor Agency &o approve or execute o[>[>Aor(}P/\ oz convey any interest in any portion of the Project Site to Developer. The parties understand and agree Successor Agency cannot be obligated to approve or execute a DDA or OPA, oorozueouu any action to convey any interest in any portion of the Project Site to Developer unless and until, among other legal requirements and uo applicable, (i) CB0Arcquircmcuts are met and (iD oDDA orOPA satisfactory to Successor Agency im first negotiated, executed byDcvo|opor,oppnovcdby Successor Agency's Boozd, in each of their no|s discretion, after duly noticed public hearing, and executed by Successor Agency. The parties each agree tu negotiate in good faith Lo accomplish the objectives described in this EN/1. The parties also understand and agree any OP}\orDD/\ must bo approved by the Lompoc Oversight Board and State Department ofFinance. J. DDA or OPA to Supersede this ENA. This ENA will hc superseded by the UDAm 0PA` if and when the proposed DD/\ or O9A is executed by Developer and approved bv Successor Agency in the manner required by law, and executed by Successor Agency. K. Successor Agency Responsible for CEQA Compliance. Successor Agency, at Developer's costs, shall hc responsible for complying with [E(lALu connection with the Project Site and the development ofthe Project Site. L. Real Estate Commissions. Successor Agency shall not boliable for any real estate commissions or brokerage fees, which may arise herefrum. Successor Agency represents it has not engaged a broker, agent or finder in connection with this transaction. Each party agrees to hold harmless the other party from any claim hy any broker, agent or finder retained, or claimed to have been retained, by that first party. M. Conflicts of Interest. For the term of this ENA, no member, officer or employee of Page 5 Successor Agency, during the term of his or her service with Successor Agency, shall have any direct or indirect interest in this ENA or obtain any present or anticipated material benefit arising; therefrom. N. Change in Ownership or Control of Developer. Developer understands Successor Agency is entering into this ENA based on the prior experience and qualifications of Developer. Therefore, Developer shall not assign, sell or otherwise transfer any or all of its rights under this ENA to any party not owned, in the majority, or controlled by Developer, without the prior written approval of Successor Agency, at its sole discretion. O. Indemnity. Developer agrees to and hereby does defend, hold harmless and indemnify Successor Agency, City and each of their officers, agents and employees (the "Indemnified Parties ") from damages arising from Developer's acts or omissions; provided, that the obligation to defend does not apply to actions arising solely from the Indemnified Parties' acts or omissions; and provided, further, that the obligation to indemnify and hold harmless does not apply to the extent caused by the negligence or willful misconduct of any of the Indemnified Parties. P. Governing Law. This ENA shall be interpreted and enforced in accordance with the provisions of California law in effect at the time it is executed, without regard to conflicts of laws provisions. Q. No Third Party Beneficiaries. Successor Agency and Developer expressly acknowledge and agree they do not intend, by their execution of this ENA, to benefit any persons or entities not signatory to this ENA; provided, that the parties understand if a DDA or OPA is ultimately entered into, there may be involvement by, or commissions or fees paid to, any brokers representing Developer pursuant to the terms of a separate written agreement between Developer and such brokers. Developer hereby agrees to indemnify, defend and hold harmless the Indemnified Parties from any claim or action brought by or on behalf of any such broker related to their involvement with Developer or for Developer's failure to pay any commissions or fees. No person or entity not a signatory to this ENA shall have any rights or causes of action against either Successor Agency or Developer arising out of or due to Successor Agency's or Developer's entry into this ENA. 4. TERMS TO BE NEGOTIATED Successor Agency and Developer shall meet regularly with each other in order to negotiate a proposed DDA or OPA to include, without limitation, the following provisions: A. A single development plan comprised of one or more phases (scope of development) that is functional, aesthetic, and minimizes conflicts with, and is sensitive to, adjoining and adjacent properties. Architectural and site design issues to be resolved shall include, but not be limited to, acceptable architectural and landscape quality, initial size and maturity of plantings, access and circulation, determination of parcel Page 6 boundaries, on-site and off-site improvements, Project 3 treatment, landscaped buffers, parking, signage, lighting, and easements, if applicable. B. The design and configuration of the site plan obo!| maximize, to the cztun1 reasonably feasible, the potential to attract retai /restaurant tenants. C. The acquisition procodurcs that may include use of eminent domain, the time schedule for conveyance, if any, of portions of the Project Site from Successor Agency, the financing plan, and the cost of the Project Site. D. The timing and conditions for the conveyance, if any, of the Project Site m portions thereof. E. The performance guarantees, amount of liquidated damages, and good faitb deposit to be required, if any. The proposed lllJ/\oc(]y/\shall require to pay when due, on all those parcels owned by Developer, all taxes, assessments, and special taxes levied nu the Project 8deunduUdobtucrviccouo1|hondmoututundinA from time to time which have u lien or encumbrance mu the Project 8itr./\nydopooii under the DDA or OPA shall be returned to Developer upon the completion of the development as evidenced by o Ccdi/ioa1c of Completion issued by Successor Agency. F. /\ schedule of performance encompassing appropriate and necessary ku/a` administrative, financial and construction benchmarks tohomet by the appropriate G. The responsible party to prepare a subdivision tract map subdividing the Project Site into parcels as appropriate and necessary. H. The responsible party for all costs associated with the removal or remediationo[any potentially hazardous materials from the Project Site and demolition of all improvements on the Project Site. Ownership of all plans, drawings and specifications prepared by Developer in the event of termination of the DDA or OPA. J. Appropriate controls tolimit the use of the Project Site, including, but not limited to, a requirement for the uses tomeet the criteria set forth io Exhibit B, attached hereto. K. Operational and maintenance plans for the development, the parking. L /\ financing nbu. LIMITATION ON REMEDIES FOR BREACH OR DEFAULT AND RELEASE 0F CLAIMS Page 7 �. Neither party would have agreed to any part, nf this ENA ifit were toboUabletothe other party for any amount of monetary damages. Accordingly, both parties acknowledge and agree each party's exclusive right and remedy upon any breach or default ofthe other party 0o negotiate in good Exiib` as set forth in this 2N/\` is to terminate this ENA or seek specific performance regarding the exclusivity provisions of this LN/\,umapplicable. The prevailing party in any action brought pursuant to this subparagraph A. shall also be entitled to an award ofireasonable attorneys' fees and costs. If this ENA im terminated, then the Good Faith Deposit being held by Successor /\g000y mbaU be returned to Developer by Successor Agency, in accordance with Paragraph 3.A.. B. Each party acknowledges it is aware ofthe meaning and legal effect of California Civil Code Section 1542, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist io his favor o1 the time nf executing the re|cuoo, which if known by him would have materially affected his settlement with the debtor. C. Civil Code Section 1542 notwithstanding, dio the parties' intention tobebound by the limitation ouremedies set forth in this Section, and each party hereby ccleoucm any and all claims against the other party for monetary damages or other legal or equitable relief, whether or not such released claims were known or unknown to the releasing party aoof its entry into this ENA. Each party hereby waives the benefits of Civil Code Section 1542 and all odbcc statutes and 'odioiu] decisions (whether state orfederal) of similar effect. Successor Agency Initials Developer Initials 6. TERMINATION BY SUCCESSOR AGENCY Successor Agency abuU have the right to terminate this [INA in the event Developer kA proposes provisions in the proposed DDA or0fA,which (i) materially vary from those described in this EN}\ or (ii) describe o development that n\u1cdo||y varies from the development generally described in Paragraph I of this ENA or (b) fails to comply with any provision of this ENA, if same are not corrected within fifteen (15) days after Developer's receipt of written notice thereof. Developer shall have the right tn terminate this ENAin the event Successor Agency &A proposes provisions in the proposed DI}f\ or {)P/\, which nooierio/{v vary from those described inthis ENAm(b) fails tocomply with any provision of this ENA,if same are not corrected within tl[lcto (15) days after Commission's receipt ofwritten notice thereof. Page 8 NOTICES. A. Any notice, request, approval or other communication to be provided bv either party shall be in writing and dispatched by first class mail, registered or certified mail, postage pcsyui6 ucturn-rocciptrequedcd` or by electronic faoohni|c transmission followed by delivery of a "hard" copy, or by personal delivery (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), to the addresses of Successor Agency and Developer set forth below. Such written notices, requests, approvals orother communication may bo ncu1 in the aanuc manner to such other addresses as either party may from time totime designate. B. Any notice that im transmitted 6v electronic facsimile transmission followed by d�livo?y of "hard" copy, shall be deemed delivered upon its transmission; any notice personally delivered (including by means uf professional messenger service, courier service such as United Parcel Service or Federal }Ispccyo, orbylJ.S. Postal Service), shall be deemed received on the documented date of receipt; and any notice that is sent by registered or certified mail, postage prepaid, return-receipt requested mboU be deemed received on the date of receipt dhcrco[ C. If to Successor Agency: City ofBaldwin Park Attn: Vijay Sinrho, Chief Executive Officer 14403 East Pacific Avenue Baldwin Park, California 9|706 Telephone (02b) 960.40l|, ext. 482 Facsimile (620)337.2965 With u copy to: Aleshire &s Wynder, LL9 Attn: Joseph W. Pannone 296lllnoccrons Avenue, Suite 475 E] Segundo, CA 90245-4910 Telephone (310) 527-6663 Facsimile (3|0) 532-7S95 D. If to : Jonathan Bmom, Vice President Il(}BMIlevelopzueot Corporation |d50 Lafayette Street Santa Clara, C/l 95050 Phone: (408) 9O4-j000 Fax: (408)904-3111 Page 9 With additional copies to: Derek Allen, Director of Development ROEM Development Corporation 1.650 Lafayette Street Santa Clara, CA 95050 Phone: (408) 984-5600 Fax: (408) 984-3111 6�H[6111021121 HIRUM 94-To"TreTENS 3AM T his ENA may be executed in two (2) counterpart originals which, when taken together, shall constitute but one and the same instrument. 10. ENTIRE AGREEMENT This ENA represents the entire agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to development of the Project Site. This ENA may not be amended unless agreed as such in writing and certified by the signatures of the parties hereunder. Page 10 H. EFFECTIVE DATE The effective date of this ENA shall be the date it is signed on behalf of Successor Agency. Dated: APPROVED AS TO FORM: ALESHIRE & WYNDER General Counsel THE SUCCESSOR AGENCY OF BALDWIN PARK TO THE DISSOLVED COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY BALDWIN PARK M Manuel Lozano, Chair ROEM DEVELOPMENT CORPORATION, a California Corporation Dated: September 10, 2012 By: J an Emami, Vice President Page 11 PROJECT SITE MAP Page 12 A � M. 0� 011`11111,, 11 a- Retail uses tobe operated on the Project Site shall be limited hoe neighborhood retail operator onthe majority nf the commercial component Project Site. Fast-food establishments, drive-through businesses of any kind, professional services such as nail salon and similar uses are not acceptable neighborhood retail businesses for this project. The Executive Director, in his sole discretion, may determine whether a proposed business operator not named above meets the intent of this criteria. Page 13 ROEM — ENA Sept. 19, 2012 Page 5 of 5 1 WWI I m ALI A i, Hill Uj N. 01-46 • • CORPORATION DEVELOPMENT TEAM 11 ANA, 1161 :J vi 1 :3 ki k 2 1 01FIlL 171 ROEW1 employs astrong and knowledgeable executive management team, with many years uf experience and pro- duction of over 10.000 housing units, RDEN1 is currently organized with development and construction divisions: ROEM Development Corporation and the general contractor and construction management arm ROEk4-ICON Con- tracting Group and ROEM Builders, Inc. Together these divisions have worked closely to acquire land, design appeal- ing ABQUTROEM ��.�r_�U[��_��_�� R0EM Development Corporation and its affiliated entities are a full-service con- DEVELOPMENT ntruction and development organization that has been specializing in the new construction and renovation of affordable housing for temi|imo and seniors ROBNtMiso/un throughout California for over 30 years. As a model developer and proven indus- ROEM So,poraduniooummi8edtntha try leader in the production of affordable housing, ROEM maintains its commit- creation ofquu|itypmduots thmugh�e ment to providing high quality housing through its collaboration with the public pm|i��iionn[ high value infi||rommunihno. and private sector and communities alike. By integrated and innovative planning. design, development, construction manage- ROEM is dedicated to creating wholesome communities that are not only sustain men\, and marketing wo provide complete -eh|o, 0004+iend|y, and gmen, but are designed smarter and built better to en- solutions m complicated urban housing and sure that residents and visitors are hea|thior, happier, and safer. The company in commercial demands. Aoe model deve|' a registered member o[UGGBC and Build |tGreen. Members uf the ROEMteam opor for the 21* century, xm will continue to are Certified Green Building Professionals, SroonPoint Raters, and LEEDAc- collaborate with municipalities, academics credited Professionals of higher learning and community residents 10 achieve our collective goals for the future Expertise character of our surrounding urban fabric ROEM'n in-house personnel have extensive understanding of the myriad of is- and the families who dwell within it. auon involved in delivering offbn1ab|e housing projects. Each nf our team mem- bers ia able ou bring diverse professional backgrounds and experience. With an � W� integrated construction and development ienm. ROEM possesses o unique strength of quality control and management oVoctivonoon that ensures the great- est efficiencies in completing developments on time and on budgot. l�� m�'�� m�� u�,�� r0NTw�c1'vw41-" CROUP, INC. 13 wwn,noEwoo,pzom DEVELOPMENT TEAM TBD Non-Profit Limited Partner TBID Property Management Organizational Structure NAXE, POSITION PROJECT ,COMPANY ROLE, Robert Emami, President Principal ROEM Development Corporation Jonathan Emami, Vice President Principal/ Authorized ROEM Development Corporation Representative Derek Allen, Dir. of Development Support ROEM Development Corporation Tatiana Blank, Controller Financial ROEM Development Corporation Administration Tung Tran, Development Manager Support ROEM Development Corporation Chuck Treatch, Acquisition Manager Support ROEM Development Corporation Ivan Hendren, Acquisition Manager Support ROEM Development Corporation Erin Caputo, Asset Mng. / Marketing Support ROEM Development Corporation Jeffrey Schnurr, Dir. of Construction Construction ROEM Builders, Inc. Management Team Members with Project Roles FIN 0 Brookwood Terrace 84 UNITS Product: Affordable Multifamily Housing Contract Amount: $24,900,000 Construction Type: Type VA over Type 1A Completion Date: September 2011 - Client: Brookwood Terrace Franklin Street Family Family Apartments, L.P. 51 UNITS Orvieto Apartments Product: Affordable Multifamily Housing 92 UNITS Contract Amount: $23,800,000 Construction Type: Type VA -1 Hr Product: Affordable Multifamily Housing Completion Date: Spring 2013 Contract Amount: $27,500,000 Client: Franklin Street Family ;i i► + " f Construction Type: Type VA -1 Hr & IA Apartments, LLC ��I�IM�IiF7 �+kd l' �4wA �� Completion Date: December 2011 Client: Orvieto Family Apartments L.P I The Village At Broad Street 45 UNITS b Retail: 7,200 Square Feet Product: Affordable Multifamily Housing t Contract Amount: $17,100,000 -� ■� Construction Type: Type VA -1Hr Est. Completion Date: November 2011 Client: Village at Broad Street, L.P. NEW Encanto Del Mar 32 UNITS Product: Affordable Multifamily Housing Contra ct Amount: $9,500,000 Construction Type: Type l & VA ,. Completion Date: Spring 2012 . Client: Encanto Del Mar Apartments, L.P. 0 $434,100,000 in the Development of ROEM Affordable Housing 1,833 Units Built of R 0 -PM Affordable Housir-I Over 5,000 Residents Living in Quality Affordable Housing Ranked #21 amongst the 2011 Top 50 Affordable Housing Developers by Affordable Finance Housing Magazine a |n these difficult economic times, increasing the stock uf high'quu|ity, affordable housing, particularly for seniors, in critical to the success of local communities, Dana Strand, e development by ROE&q Corporation and Lm Cienogm LOK8DD.|no,in collaboration with the Housing Authority of the City of Los Angeles, represents the third phase of the redevelopment of Dana Strand Village, a former pub- lic housing site. Designed by award-winning architectural firm KTGYGroup' Inc., Dana Strand provides ' 100 afford- able, one-bedroom senior apartments to house seniors with annual incomes ator below 3OY6of the Los Angeles County Area Median Income. Dana Strand has been designed to USGBCs LEED Silver specification, an aggressive industry standard for sustainable building and maintenance. |t offers high quality affordable housing that encourages a healthy, active living environment while reducing impacts on our air, water and landfills. The thoughtfully planned apartment community also fea- tures the latest in sustainable strategies and technology to reduce residents' utility onsts.Thm overall design exceeds Title 24 efficiency standards by more than 15%' lowering energy consumption and providing another cost-saving benefit to residents. To further minimize its environmental impact and enhance the health of its residents and construction team, the construction of Dena Strand Senior Apartments included a waste diversion program and made significant use ofrecycled, low-emission and regional materials. GRAND OPENING AVWARK8 WELCOME FOR AFFORDABLE HOUSING QNA CHILLY DAY With a slight chill in the air on Monday, November 28' 2011' Horaoio and Maria FigoveUo were welcomed into their brand new afforclab|aepartmnntby Robert Ennarni' President of ROEK8 Corporation; and, Jonathan Emanni,Vioe President of ROE0Y Corporation. The warm neoopdnn that followed marked the Grand Opening of Brookwood Terrace, aLEEO Gold Certified community in San Jose, California. "An a long-time supporter of affordable housing in Sun Jose, i am proud of this new, attractive, sustainable community for low-income families in my district," noted California Assembly Member Nora Campos, 23rd District. "Developments like Brookwood Terrace not only provide a safe, decent home for working families, they provide important economic activity and create green jobs" This development is an example ofROEK8 Corporation's continued commitment to building high quality, euo-frond|y affordable housing that benefits residents, visitors, and the surrounding communities. Brookwood Terrace, ajoint- venture development by RDEK8 Corporation and Eden Housing, Inc., is a $24.9 million pro/eutthat is environmen- tally-sensitive and transforms the underutilized infill site into e high-density residential development. Long-term benefits have already been realized et the property operations level as well as inside the homes of residents with reduced utility costs. Brookwood Terrace offers 84nn*` two- and three-bedroom family apartments that are affordable 0o families with annual incomes ranging from 3O%to50%of the Santa Clara County Area Median Income. The development consists of throe stories above e one-level subterranean parking garage and is located approximately one and u half miles east ofSan Jose's downtown core. On-site amenities include two large landscaped courtyards with burboque and umodng areas, o tot lot, e community room with kitchen and library, e computer center, and e fitness room. 611 Lasi 00111'11„ Q S t T ROEM Moves Dirt on Two Developments, $90M Value Sw Natalie Dolce is pre One of the two POEM Corp, develoornents that will soon, orowide housing to 9 Ower incur ne for ilies, in the Santa Clara Countv area. (Save the date: RealShare Apartments comes to the Westin Sonaventure, Los Angeles,, October 24.) SAN JOSE, CA-Two affordable housing developments, called 1st and Rosemary Family and Senior Apartments, are moving dirt. The developments, by ROEM Corp., will consist of 290 units and will provide housing that will be affordable to families and seniors earning 60% or less than the Santa Clara County Area Median Income, In total, the two new developments' Value is approyimately $90 million, Located minutes from downtown in North San ,Jose along the North First Street light rail corridor, both developments stand side by side on a 4.04-acre site. Immediately adjacent to the Gish light rail station, multiple bus lines, residents can travel across the Bay Area by utilizing public transportation services. The site is also near access to the Q880, 101, and 87 freeways linking residents to Silicon Valley jobs. Construction for both developments is estimated to take approximately 18 months and should be completed in the fall of 2013. The architect for both developments is Archut cts Crange. 'San lose has long been a leader in affordable housing, however even with the great strides we've made, there is still a critical need for quality, affordable housing for families and senior adults," explains San Jose City Councilmember Sam Uccardo, 'This project is providing an essential resource in our community and I commend ROEM's commitment." This development will be environmentally - sensitive and will transform an underutilized and strategically located infill site into a high-density residential development, according to a prepared statement. The project will be constructed using sustainable building methods and will incorporate a number of 'green' features designed to ensure its long-term energy- efficiency and sustainability. To this end, 1st and Rosemary Family and Senior will obtain LEED-H Silver Certification, "The City's Housing Department has invested more than S10 million in the Rosemary developments," says Leslye Corsiglia, director of housing, City of San Jose. "The new apartments will house local workers as well as seniors in this key location on light rail—which Is so Important, as San Jos6 needs More 6ffordabie housing close to public transportation. The City's funding enabled ROEM to -successfully compete for State Proposition IC funds for both the development as well as for the new neighborhood park—so we also thank the State for its partnership in investing in San Jose." With construction already underway, It and Rosemary Family will offer 1,84 units for families consisting of one-, two- and three-bedrooms apartments in a 4-story, contemporary craftsman style building wrapped around a multilevel 300 stall parking garage. Amenities will include a cornmui*y room with kitchen, a. computer room, a homework center, a fitness room, an outdoor playground, and beautifully landscaped courtyards with BBQ areas with comfortable seating. Ist and Rosemary Senior is a 106-unit senior community will consist of all one-bedroom apartments, There will be indoor and outdoor common spaces including a community room with library and community kitchen, a media center, and a fitness room with an attached yoga studio. 1st and Rosemary Senior will also feature multiple sitting lobbies throughout the building, a centralized laundry roorn, and a computer, roorri, Alliant Capital Ltd. has Invested almost $30 million in these two projects, according to a prepared statement. The project also received a nearly $13 million Proposition 1C grant from the California Department of Housing and ComroUnity Development, Construction and permanent financing was provided by Citi Community Capital. Armand Tiberlo, a senior director of the Tax Credit Group of Marcu illichap, tells GlobeSt,com that in terms of affordable housing in the region, "Buyer demand is extremely strong." He points out that it is "driven by the fundamental belief by many investors that the rollback in operations due to the economic downturn has subsided and the strong growth potential expected In this region over the next five years is fueling strong demand from all types of investors, and most notably institutional capital." Categories: West, Multifamily, Development, San lose littp:,//W%VNV.globest.comi'iiews/'I 2-413/sai-liose,/dexe lope nent/ROEM-Moves-Dirt-oii-Two-DeN•r elop tint e.iits-90,, /10/201 12- September 19, 2012 Congresswoman Judy Chu 4401 Santa Anita Ave., #211 El Monte, CA 91731 Honorable Congresswoman Chu, The City of Baldwin Park supports your efforts to eliminate hazing in the military. We strongly urge all military branches to get involved and protect our brave soldiers from abuse at the hands of their fellow soldiers. Hazing is a type of bullying that can be both physically and mentally devastating to our Soldiers. This behavior may cause depression and in some cases psychological stress can result in post- traumatic stress disorder. It is known that due to cruel hazing treatment Private Danny Chen shot and killed himself in 2011. One of his offenders received only 30 -day jail time instead of the maximum 17 years and the second received a sentence of only six months in prison, when the maximum sentence is four years. We realize that in case of the unfortunate hazing incident leading to the suicide of your nephew Harry, One of the three perpetrators got off with a slap on the wrist, 30 -day jail sentence. The other two walked away scot free. We support you in your stand against this horrendous act against our soldiers, which has no place in our society. The City of Baldwin Park strongly backs you in your mission to end hazing in the military and to implement a zero tolerance hazing and harassment policy in the military for all forms of harassment. Sincerely, Aae__ ozano Mayor Marlen Garcia Councilmember Susan Rubio Mayor Pro Tern Mon ca Garcia Councilmember .c, jam.° Ricardo Pacheco Councilmember CITY OF BALDWIN PARK, 14403 EAST PACIFIC AVENUE , BALDWIN PARK. • CA , 91700 , (626) 960 -4012 FAX (626) %2 -2625 IT ► 1 r NA W-em September • 2011, 11 PM BALDWIN r�i►. Manuel Lozano Susan Rubio Marlen Garcia Monica Garcia Ricardo Pacheco - Mayor - Mayor Pro Tern - Council Member - Council Member - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Council or Se invita al publico a dirigirse al Concilio o cualquiera otra de any of its Agencies listed on this agenda on any matter sus Agencias nombradas en esta agenda, para hablar sobre posted on the agenda or on any other matter within its cualquier asunto publicado en la agenda o cualquier tema que jurisdiction. If you wish to address the City Council or any este bajo su jurisdiccidn. Si usted desea la oportunidad de of its Agencies, you may do so during the PUBLIC dirigirse al Concilio o alguna de sus Agencias, podra hacerlo COMMUNICATIONS period noted on the agenda. Each durante el perfodo de Comentarios del Pdblico (Public person is allowed three (3) minutes speaking time. A Communications) anunciado en la agenda. A cada persona se Spanish speaking interpreter is available for your le permite hablar por tres (3) minutos. Hay un interprete para convenience. su conveniencia. i °�A ll i1'L-':G�� .. ._., �S.- �.< r�.,t_ �.,r_, .c : ,� 4. ....,�a.�.. �.. r: °,. '.. ,, �� 0.6i tx.T,•,, �' s L.�. :_ ,' "i� =.. � ,.. a � . FINANCE AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Council Members: Marlen Garcia, Monica Garcia, Ricardo Pacheco, Mayor Pro Tern Susan Rubio and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSON It- It Afo action may be tak n on a mat r unless is —4— on the agenda, or unless certa�- emergency or /VV U Larte (C7 HoMfu If/ 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 comisi6N No se podra tomar acci6n en algdn asunto a menos que sea incluido en la agenda, o a menos que exista algdna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y1b fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1 TREASURER'S REPORT: JUNE AND JULY 2012 Staff recommends that the Finance Authority receive and file the June and July, 2012 Treasurer's Report. ADJOURNMENT CERTIFICATION 1, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 13 day of September, 2012. 'N Alejandra Avila City Clerk Finance Authority Agenda - September 19, 2012 PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2°d Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960 -4011, Ext. 466 or via e -mail at rcaballero@baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) Finance Authority Agenda — September 19, 2012 • I r R -•- -, Lq - The purpose of this report is to provide the Treasurer's Report for June and July 2012. The Treasurer's Report lists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). The CDC was eliminated effective February 1, 2012 and the City is now the Successor Agency, a new bank account is used in order to track its transactions separately. Any amounts reflected for the CDC are amounts set aside for outstanding checks that had not cleared as of the elimination date. The report separates cash into the following three sections: State of California Local Agency Investment Fund (LAIF) — this is where the majority of the cash is held. City cash, which accounts for the largest portion includes monies from the General Fund and all other restricted funds known as Special Funds. Money is kept in LAIF until it needs to be transferred to cover warrants (payments to vendors, contractors, etc.,), payroll, or to pay the various bond payments. Fiscal Agent Funds - these amounts represent monies held • the various •• •I holders that are restricted and which have been set aside for future bond payments. Cash- this section provides the cash balances in the various checking accounts the City uses • pay its on-going payments. The cash balances fluctuate during the year due to the timing of large payments, such as interest and principal for bonds, and due to when the City receives its major sources • revenues (such as sales tax and property tax) in December, January and May • each 9M Treasurer's Report: June and July 2012 Page ISEMI, MR zM Staff recommends that the City Council, Financing Authority, and Housing Authority receive and file the June and July 2012 Treasurer's Report. MOMM CITY OF BALDWIN PARK TREASURER'S REPORT June 30, 2012 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund City 0,36% Varies Varies Housing Authority 0.36% Varies Varies Fiscal Agent Funds - City Varies Varies Varies Fiscal Agent Funds - Successc Varies Varies Varies 35,381,284.51 35,381,284.51 35,381,284.51 35,381,284.51 541,342.04 541,342.04 541,342.04 541,342.04 35,922,626.55 35,922,626.55 35,922,626.55 35,922,626.55 684,486.26 684,486.26 684,486.26 684,486.26 2,941,201.66 2,941,201.66 2,941,201.66 2,941,201.66 $ 39,548,314.47 $ 39,548,314.47 3,625,687.92 $ 39,548,314.47 Total investments $ 39,548,314.47 Cash City Checking 2,3667,101.77 City i0lisceilaneous Cash 84,177.30 Comm. Develop. Comm. 6,397.92 Successor Agency 1,518,335.99 Housing Authority 285,970.23 Financinq Authoritv 0.00 Total Cash 4,261,983.21 Total Cash and Investments $ 43,810,297.68 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 June 2012 and several deposits /withdrawals 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: r a L rena C luijano / I ranee Director a CITY OF BALDWIN PARK TREASURER'S REPORT July 31, 2012 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local 32,708,319.07 32,708,319.07 32,708,319.07 Agency Investment Fund Varies 542,320.08 542,320.08 City 0.38% Varies Housing Authority 0.38% Varies Fiscal Agent Funds - City Varies Varies Fiscal Agent Funds - Success( Varies Varies Varies 32,708,319.07 32,708,319.07 32,708,319.07 32,708,319.07 Varies 542,320.08 542,320.08 542,320.08 542,320.08 33,250,639.15 33,250,639.15 33,250,639.15 33,250,639.15 Varies 2,742,010.22 2,742,010.22 2,742,010.22 2,742,010.22 Varies 3,600,802.91 3,600,802.91 3,600,802.91 3,600,802.91 $ 39,593,452.28 $ 39,593,452.28 6,342,813.13 $ 39,593,452.28 Total investments $ 39,593,45228 Cash City Checking 1,166,423.24 City Miscellaneous Cash 78,940.63 Comm. Develop. Comm. 6,397.92 Successor Agency 823,183.91 Housing Authority 337,607.60 Financing Authority 0,00 Total Cash 2,412,553.30 Total Cash and Investments $ 42,006,005.58 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 July 2012 and several deposits/withdrawals 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: Lorbna Quijano Finance Director AGENDA BALDWIN PARK HOUSING AUTHORITY September 19, 2012 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 16261 960 -4011 e BALDWIN A ° R Manuel Lozano - Mayor Susan Rubio - Mayor Pro Tern Marlen Garcia - Council Member Monica Garcia - Council Member Ricardo Pacheco - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this agenda otra de sus Agencias nombradas en esta agenda, para on any matter posted on the agenda or on any other hablar sobre cualquier asunto publicado en la agenda o matter within its jurisdiction. If you wish to address cualquier tema que este bajo su jurisdiccion. Si usted the City Council or any of its Agencies, you may do desea la oportunidad de dirigirse al Concilio o alguna de so during the PUBLIC COMMUNICATIONS period sus Agencias, podra hacerlo durante el periodo de noted on the agenda. Each person is allowed three Comentarios del Pdblico (Public Communications) (3) minutes speaking time. A Spanish speaking anunciado en la agenda. A cada persona se le permite interpreter is available for your convenience, hablar por tres (3) minutos. Hay un interprete para su conveniencia. � �! 1 ..� HOUSING AUTHORITY REGULAR MEETING — 7:00 PM Council Members: Marlen Garcia, Monica Garcia, Rica- Pacheco, Mayor Pro Tern Susan Rubio ?nd Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit TrS3 (3) Minutos sera el limite Para hahlar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may. 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMISION 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) Dingir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. TREASURER'S REPORT: JUNE AND JULY 2012 Staff recommends that the Housing Authority receive and file the June and July 2012 Treasurer's Report. PUBLIC HEARINGS CERTIFICATION I, Alejandra Avila, City Clerk of the City of B perjury under the laws of the State of California, City Hall bulletin board not less than 72 hours September, 2012. Alejandra Avila City Clerk aldwin Park hereby certify under penalty of that the foregoing agenda was posted on the prior to the meeting. Dated this 13 day of PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2°d Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960 -4011, Ext. 466 or via e -mail at rcaballero@baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) 1111 qillll 11111111pillli�il U U'• The purpose of this report is to provide the Treasurer's Report for June and July 2012. WKZKW�� The Treasurer's Report lists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). The CDC was eliminated effective February 1, 2012 and the City is now the Successor Agency-, a new bank account is used in order to track its transactions separately. Any amounts reflected for the CDC are amounts set aside for outstanding checks that had not cleared as of the elimination date. The report separates cash into the following three sections: State of California Local Agency Investment Fund (LAIF) — this is where the majority of the cash is held. City cash, which accounts for the largest portion includes monies from the General Fund and all other restricted funds known as Special Funds. Money is kept in LAIF until it needs to be transferred to cover warrants (payments to vendors, contractors, etc.,), payroll, or to pay the various bond payments. 1101 R M&N I or, I 4r. 1 GIN tQ.11 19 1"CZ-14 • IV I Ito Cash- this section provides the cash balances in the various checking accounts fi-ml City uses to pay its on-going payments. The cash balances fluctuate during the year due to the timing of large payments, such as interest and principal for bonds, and due to when the City receives its major sources • revenues (such as sales tax and property tax) in December, January and May of each year. Treasurer's Report: June and July 2012 Page 2 Staff recommends that the City Council, • Authority, f Authority receive and file the June • July 2012 Treasurer's R'ff � � f CITY OF BALDWIN PARK TREASURER'S REPORT June 30, 2012 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local 35,381,284.51 35,381,284.51 35,381,284.51 Agency Investment Fund Varies 541,342.04 541,342.04 City 0.36% Varies Housing Authority 0.36% Varies Fiscal Agent Funds - City Varies Varies Fiscal Agent Funds - Successc Varies Varies Varies 35,381,284.51 35,381,284.51 35,381,284.51 35,381,284.51 Varies 541,342.04 541,342.04 541,342.04 541,342.04 --3�5-,922,626.55 -55-,922,626.55 35,922,626.55 35,922,626.55 Varies 684,486.26 684,486.26 684,486.26 684,486.26 Varies 2,941,201.66 2,941,201.66 2,941,201.66 2,941,201.66 39,548,314.47 $ 39,548,314.47 3,625,687.92 $ 39,548,314.47 Total Investments $ 39,548,314.47 Cash City Checking 2,367,101.77 City Miscellaneous Cash 84.177.30 Comm. Develop. Comm. 6,397.92 Successor Agency 1,518,335.99 Housing Authority 295,970.23 Financing Authority 000 Total Cash 4,261,983.21 Total Cash and Investments 43,810,297.68 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 June 2012 and several deposits/withdrawals 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: f -o Lorenh'Ouijano 9hance Director CITY OF BALDWIN PARK TREASURER'S REPORT July 31, 2012 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local 32,708,319.07 32,708,319.07 32,708,319.07 Agency Investment Fund Varies 542,320.08 542,320.08 City 0.38% Varies Housing Authority 0.38% Varies Fiscal Agent Funds - City Varies Varies Fiscal Agent Funds - Successc Varies Varies Varies 32,708,319.07 32,708,319.07 32,708,319.07 32,708,319.07 Varies 542,320.08 542,320.08 542,320.08 542,320.08 33,250,639.15 33,250,639.15 33,250,639.15 33,250,639.15 Varies 2,742,010.22 2,742,010.22 2,742,010.22 2,742,010.22 Varies 3,600,802.91 3,600,802.91 3,600,802.91 3,600,802.91 $ 39,593,452.28 $ 39,593,452.28 6,342,813.13 $ 39,593,452.28 Total investments $ 39,593,452.28 Cash City Checking 1,166,423.24 City Miscellaneous Cash 78;940.63 Comm. Develop. Comm. 6,397.92 Successor Agency 823,183.91 Housing Authority 337,607.60 Financing Authority 0.00 Total Cash 2,412,553.30 Total Cash and Investments $ 42,006,005.58 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 July 2012 and several deposits /withdrawals 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: "A. Lorbna Quijano Finance Director