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Home My WebLink About2012 10 03NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, OCTOBER 3, 2012 AT 5:30 p.m. at City Hall — 3 rd Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. [LI 1•X411 N-�r Dated: September 27, 2012 Manuel Lozano Mayor 0.1 A I DEW k 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 27, 2012. Alejandra Avila City Clerk CITY HALL - 3fl-'Floor, Conference Room 307 14403 BALD BALDWIN PARK, CA 91706 Manuel Lozano Susan Rubio Marlen Garcia Monica Garcia Ricardo Pacheco - Mayor - Mayor Pro Tern - Councilmember - Councilmember - Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS 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 estd bajo su jurisdiccion. wish to address the City Council or any of its Si usted desea la oportunidad de dirigirse al Concilio o Agencies, you may do so during the PUBLIC alguna de sus Agencias, podra hacerlo durante el COMMUNICATIONS period noted on the periodo de Comentarios del Publico (Public agenda. Each person is allowed three (3) Communications) anunciado en la agenda. A cada minutes speaking time. A Spanish- speaking persona se le permite hablar por tres (3) min utos. Hay interpreter is available for Vour convenience. un inter rete 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 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 CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REOUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en a1gdn asunto a menos que sea incluido en la agenda, o a menos que exista algona emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en consideraci6n 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 REAL PROPERTY NEGOTIATOR (GC §54956.8) Properties: 14173 Garvey Avenue, Baldwin Park, CA Agency Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: Ray Baker, The Lamar Companies & DC Corp. Under Negotiation: Price and terms of payment 3. PUBLIC EMPLOYMENT (GC §54957) Interim Public Works Director 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 27, 2012. Al Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of 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) 4ictober 1 7:00 ., w,i1 Baldwin K"WrN 1 • • 960-4011 7iF- Manuel Lozano Susan Rubio Marlen Garcia Monica Garcia Ricardo Pacheco - Mayor - Mayor Pro Tem - Council Member - Council Member - 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 jurisdiccidn. 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. COUNCIL CITY REGULAR 11 PM :.r r, .. yy Council - •- rs: Marlen Garcia, Monica Pacheco, Ricardo Mayor • Tern Susan Rubio Mayor and • • ANNOUNCEMENTS This is to announce, as required by Government Code section 54954.3, members of the City Council are also members of the Board of Directors of the 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 $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 PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REOUIERE LOS SERVICIOS DEL INTERPRETE No se podra tome accidn 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 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] City Council Agenda - October 3, 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 claim Antonio Herrera and direct staff to send the appropriate notice of rejection to claimant 2. WARRANTS AND DEMANDS Staff recommends that the City Council ratify the attached Warrants and Demands. 3. TREASURER'S REPORT: AUGUST 2012 Staff recommends that the City Council receive and file the August 2012 Treasurer's Report. 4. ADDITION OF CHAPTER 126 TO THE BALDWIN PARK MUNICIPAL CODE ESTABLISHING NEW REGULATIONS REQUIRING REFUSE RECEPTACLES AT THE TERMINUS OF DRIVE - THROUGH EATING FACILITIES. Staff recommends City Ccunci! Introduce by first reading by title only Ordinance s 352, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 126 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO TRASH RECEPTACLES AT DRIVE- THROUGH EATING FACILITIES (APPLICANT: CITY OF BALDWIN PARK)." 5. TASTY THURSDAY'S WEEKLY FUNDRAISER FOLLOW UP REPORT Staff recommends City Council Receive and File. 6. AUTHORIZE THE CONSTRUCTION OF DEDUCTIVE ALTERNATE ITEMS NO. 1 AND 13, AND PAYMENT OF MTA FUNDS MANAGEMENT COSTS FOR THE CITY OF BALDWIN PARK TRANSIT CENTER PROJECT. Staff recommends that the City Council: (1.) Approve a contract amendment with PCL Construction Services Inc. for construction of Deductive Alternate No. 1 at a cost of $275,000; and (2.) Approve a contract amendment with PCL Construction Services Inc. for construction of Deductive Alternate No. 13 at a cost of $51,267; (3.) Authorize increasing contingency funds by an additional $107,422 for a total available amount of $150,000; (4.) Authorize the Mayor to execute a contract amendment after a review by the City attorney and after it has been executed by the contractor; (5.) Authorize the Finance Director to appropriate $200,000 from Park Land Fee fund; (6.) Authorize the Finance Director to appropriate an additional $317,096 from Prop C funds; (6.) Direct the Chief Executive Officer or his designee to seek necessary approvals and complete paperwork to use these funds. 7. ADOPTION OF RESOLUTION NO. 2012 -037 APPROVAL TO APPLY FOR GRANT FUNDS FROM THE LAND AND WATER CONSERVATION FUND FOR THE BARNES PARK FITNESS ZONE Staff Recommends the City Council: 1) Waive further reading, read by title only and adopt Resolution No. 2012 -037 entitled "RESOLUTION OF THE CITY OF BALDWIN PARK APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUND BARNES PARK FITNESS ZONE "; and 2) Authorize the Director of Recreation & Community Services to execute any further documents. City Council Agenda — October 3, 2012 Page 3 UJIgUsina •, 8. RESALE OF .•. •O• STABILIZATION PROGRAM LOCATED AT 4009 Staff recommends the City Council -- • • • AND QUALIFIED TO PURCHASE THE NSP PROPERTY, AND 2) AUTHORIZE STAFF TO PROCESS THE PURCHASE AGREEMENT AS PREPARED BY THE CITY ATTORNEY FOR THE NEIGHBORHOOD STABILIZATION PROGRAM PROPERTY LOCATED 4009 AVENUE. PUENTE 9. ANALYSIS OF LOS ANGELES COUNTY SHERIFF'S DEPARTMENT'S MUNICIPAL LAW ENFORCEMENT PROPOSAL FOR BALDWIN PARK POLICE SERVICES (PHASE -1 STUDY). It is recommended that the City Council 1) receive the LA County Sheriff's Department's Municipal Law Enforcement Proposal for the City of Baldwin Park police services (Phase I Study); direct staff to proceed with a Phase II Study or 2) provide other direction at the City Council discretion. 10. ANALYSIS OF PUBLIC SAFETY TAX OPTIONS. Staff recommends that the City Council provide direction r-•, a • the timing, type and amount of the proposed Public Safety Tax. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Councilmember Ricardo Pacheco for discussion and direction to staff on the following: • Look into Electronic Filing of FPPC Form 700. • Due to a lack of maintenance on city landscape areas and the city not compliant with municipal landscape standards and codes Councilmember Ricardo Pacheco is requesting the Department of Public Works management to prepare and present to the City Council a Comprehensive Landscape Maintenance Program on the last meeting in October 2012. The plan should delineate a task clean -up description, budget, monthly implementation schedule and work crew assignments. • Request the Police Department provide the City Council a security plan for the Metro Link parking area by the first meeting in November. This request is based on the number of high burglary and theft reports from Metro Link users regarding vehicles and personal property. 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 City Council Agenda - October 3, 2012 Page 4 bulletin board not less than 72 hours prior to the meeting. Dated this 27 T day Of September 2012. /\l 'aOd[@/\Vil@ City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pe�� item available for public viewing and inspection at City Hall, 2 nd Floor Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011, Ext. 466 or via e-mail at Fsalceda@baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meoing, please contact the Public Works Department or Risk Management at (626) 980'4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.1U4ADATITLE ||) City Council Agenda — October 8.2O12 Page 5 TO: FROM: DATE: rAqWAr#J4,'fATX# IBM AGENDA STAFF REPORT CITY OF BALDWIN PARK oil BALDWI N CLAIM FOR DAMAGES 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 0 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) 0 ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE, (GOVERNMENT CODE SECTION 911.2) CiTY >')s: 8ALDM�14 PARK R 11 M A N R 'I:- 0C I c -r_ S D Ef"T TO: City of Baldwin Park 4. Claimant's Date of Birth (if a minor) 1. Name of Claimant 5. Claimants Occupation r I 1 6 V t:,0, 2. Horne Add,,qss of Claimant, /11, :," 6, Home Telephone Number , i , 0 q 3. Business Address of Claimant 7. Business Telephone Number 6. Name and address to which you desire notices or communications to be sent re qrdirig this claim: 0 5,S A- 9, When did DAMAGE or INJURY occur? 4 10. Names of any City employees involved in INJURY or DAMAGE: Date; 6 '12-IDL Department Nam !` ; —Time: If claim is for Equitable Indemnity, give date claimant dyl, , -i Uh served with complaint: 11, Whe re did DAMAGE or INJURY occur? Ku),u-, e a I 6t� tt)� L ; V1 �mt 0- i u ,I Pueri-it Av'6 1, 6 &Z. kl t rk 12. Describe in detail how the DAMAGE or INJURY occurrecl� 06 o-4 az r8 f -�v i 6 4L,' 3' j(j' e-,t- oc(i dhic"t ��u c+ bc, .4.q 01 ("tc4%,ss t->,Q 3[duuvv rhj; IfC, 0� 13. Were police or paramedics called? Yes R-4 No 14. If physician was visited duelo injury, include date of first visit and physician's name, address and phone number: If yes, was a report filed? Y e s UV No Y,7, - v�!, cLf � CQu ee,-) o�- (A 41-1, If yes, what is the Report No? 0L il - 0 "1`1.`w ' � j � I Y Ave, Ctr,Ii 14, Why do you claim the City of Baldwin Park is responsible? (Please be specifI0 Use additional sheet if necessary) n t v Iceyl j CL,4'e 15, List damages incurred to date? 1 j a i-,!, I CuTiew, -Ll ,";u 16, Total amount of claim to date: $ L 001-'. 000, Basis for Computation 016400 ik ol(Y tz2 V'4,"I 4V n 41111 Ck", J 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: $t,000, 000, L-/0 Basis Vlllileiucd-(� 18, Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to'have, information: Name -Address Phone Name Address_ Phone 19. Signature of Claimant or person filing on claimant's behalf; relationship to Clal mant and date: I heroy coolly (or-declare) under penally of perjury under the laws of the state of California that the foregoing is true and correct lo the bostofmyknowledge. V Si nature Relationship to dIalmant Printed Name Date Note: Presentation of a false claim Is a felony (Penal Code Section 72) CC Form 1 (Rev 7/06) f., 0,,,(j Fu n M P., 7.,Y,,d- gpk 11 BALDWIN P, d . R , V TO: FROM: DATE: SUBJECT: c ` OTC CITY OF BALDWIN PAR%Ty COUNCIL AGENDA STAFF REPORT • • • • • •- • Lorena Quijano, Finance Director The purpose of this report is for the City Council to ratify the payment of Warrants and Demands against the City of Baldwin Park. BACKGROUND AND DISCUSSION: The attached Claims and Demands report format meets the required information in accordance with the Government Code. Staff reviews requests for expenditures for budgetary approval and for authorization from the department head or its designee. The report provides information on payments released since the previous City Council meeting, the following is a summary of the payments released: 1. The payroll of the City of Baldwin Park consisting of check numbers 195015 — 195039. Additionally, Automatic Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control numbers 224406 — 224669 for the period of September 02, 2012 through September 15, 2012 inclusive; these are presented and hereby ratified, in the amount of $382,290.11. 2. General Warrants, including check numbers 192340 to192522 inclusive, in the total amount of $1,058,944.87 constituting claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or designee does hereby certify to the accuracy of the demands hereinafter referred to and to the availability of funds for payment thereof. Staff recommends City Council ratify the attached Warrants and Demands. H H H H H H H H H H H H H N H H H H H H H H H H N r N H H N N N N N N N N N N N N N N N w w w w w w w w w w w w w w w u, Ln Ln Ln C) 41 w m C, 4 i- al fA W N N O �o OJ J m Ut 41 W N N (D w to mw w iz wv L? m W iR N t N LT w {/} H lD If, W W W .{h N J W co {R m iP 0) w IA W N N N N j -.1 N m m W 10 U1 H H H W W W W t' Ui {n J W Ut H� W m .A �A w W m m W W J m O m m 0 H. fP H O Ui o m. 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Honorable Mayor/Chair and Members of the City Council, Finance Authority, ,, • Housing Authority The purpose of this report is to provide the Treasurer's Report for October 2012. mad :Zr7 NIIP► I ell 1&iii1, R113 us] �I 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: October 2012 Page 2 • K�1' , elz Staff recommends that the City Council receive and file the August 2012 Treasurer's Report. August Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT August 31, 2012 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local 32,208,319.07 32,208,319.07 32,208,319.07 Agency Investment Fund Varies 392,320.08 392,320.08 City 0.38% Varies Housing Authority 0.38% Varies Fiscal Agent Funds - City Varies Varies Fiscal Agent Funds - Successc Varies Varies Varies 32,208,319.07 32,208,319.07 32,208,319.07 32,208,319.07 Varies 392,320.08 392,320.08 392,320.08 392,320.08 32,600,639.15 32,600,639.15 32,600,639.15 32,600,639.15 Varies 2,279,366.41 2,279,366.41 2,279,366.41 2,279,366.41 Varies 2,755,672.88 2,755,672.88 2,755,672.88 2,755,672.88 $ 37,635,678.44 $ 37,635,678.44 5,035,039.29 $ 37,635,678.44 Total Investments $ 37,635,678.44 Cash City Checking 1,966,568.51 City Miscellaneous Cash 61,915.49 Comm. Develop. Comm. 6,397.92 Successor Agency 104,049.57 Housing Authority 269,767.91 Financing Authority 0.00 Total Cash 2,408,699.40 Total Cash and Investments $ 40,044,377.84 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 August 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. Appr ved by: Lor4ha Quijano Fin nce Director M� 1��V ff WIT,77r, 11 P =-, 1!1116 �11_ SUBJECT: Addition of Chapter 126 to the Baldwin Park 114unicipal Code Establishing New Regulations requiring Refuse Receptacles at the T e r min - I �- ing Facilities ... of DriveAhr%ough Eatl ILIVO. 12W "104 This report requests the City Council consider adding Chapter 126 to the Baldwin Park Municipal Code (BPMC) adding definitions and provisions for drive-through trash receptacles at the terminus of vehicular drive-throughs. Recently, the City Council has expressed concern regarding the continued problem of accumulated litter within and at the end of drive-through lanes. While drive-through facilities offer various conveniences to customers, the presence of litter is a public nuisance and contributes to a decline in the quality of life. Recently, there has been a proliferation of the accumulation of litter at the end of drive-through facilities, specifically those associated with an eating establishment. The lack of drive-through trash receptacles at the end of drive-through lanes contributes to the presence of litter and is damaging to the businesses, tends to reduce property values and is a source of blight. On May 16, 2012 staff presented a staff report to consider adoption of a Municipal Code amendment requiring trash receptacle to be located at each drive through of an eating establishment within the City. During the public hearing portion of the item presentation, representatives from Starbucks voiced a concern stating that Starbucks had conducted studies and discovered that the presence of a trash receptacle at the end of a drive- through lane generates more trash in the drive-through lane than without. Furthermore, one of the Starbucks representatives stated that it was against the Los Angeles County Health Code to have a trash receptacle within close proximity of the drive-through pickup window. Therefore the City Council postponed decision until further information was obtained. In the following weeks, staff contacted the Los Angeles Department of Environmental Health and spoke to a Senior Inspector to inquire about health regulations related to drive through trash receptacles. LA County Environmental Health informed staff that it Ordinance 1352 September 5, 2012 Paqe 2 of 6 M1511[al IMMMARM DISCUSSION There are 33 drive-through facilities throughout the City, consisting of drive-through dairies, pharmacies and eating establishments, including coffee shops. Out of those 33 drive-through facilities, the vast majority, 26 businesses, consists of eating establishments. Since there is a direct correlation between the presence of litter in drive-through facilities and eating establishments, the installation of drive-through trash receptacles can reduce this problem. Consumer education through posting may also contribute to the solution. Therefore, the proposed new Chapter 126 to the BPMC will only affect drive-through facilities associated with an eating establishments. The following table provides a summary of the various types of drive-through facilities within the City of Baldwin Park.- Type Quantity With Existing Receptacles Pharmacies 4 0 Banks 0 0 Eating Establishments 26 3 Drive-through Dairies 3 0 The City's existing regulations that apply to drive-through facilities does not address drive-through trash receptacles at the end of drive-through lanes. In order to reduce the accumulation of litter generated from drive-through facilities associated with an eating establishment, staff is proposing to add a new Chapter 1126 to the BPMC that would require a trash receptacle at the end of the drive-through lane associated with an eating establishment. In addition, a provision will be included that establishes a timeline for all existing drive-through facilities associated with an eating establishment to come into compliance within 6 months after the effective date of the proposed Ordinance. 1 Including Coffee Shops Ordinance 1352 September 5, 2012 Paae 3 of 6 • Implementation. Staff will work to educate merchants about the new requirements and will continue to be an on-going resource of information about the proposed ordinance. Staff is also proposing an extensive public outreach campaign to both merchants and customers. For each drive-through facility associated with an eating establishment whose business is legally in operation before the compliance date pursuant to the proposed ordinance, which will be 6 months after the effective date of that ordinance, if adopted. That time period will allow the business owner sufficient time to install a drive-through trash receptacle. In addition, any new drive-through facility associated with an eating establishment will be required to have a drive-through trash receptacle properly installed prior to the issuance of its business license or certificate of occupancy or final inspection, if applicable. • Enforcement. Code enforcement staff will conduct site visits at the conclusion of the 6-month period from the compliance date to verify all drive-through facilities associated with an eating establishment are in full compliance with adopted Ordinance. Any such drive-through facility without a proper trash receptacle at the conclusion of the 6-month period shall be in violation of Section 126 and provided a Notice of Violation with a 14-day period to correct the violation before a citation is issued. Exemptions. Based upon a recent site visit of the existing drive-through facilities, several facilities possess certain structural constraints that would inhibit the operator or property owner from complying with the receptacle requirement. Those facilities will be assessed on a case-by-case basis and, pursuant to the proposed ordinance, an exemption may be granted, if deemed warranted by the Zoning Administrator. - D There will be no impact to the general fund by adopting this Ordinance other than some Code Enforcement staff time to enforce the Ordinance. Ordinance 1352 September 6.2012 Staff recommends City Council Introduce by first reading by title only Ordinance 1352, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 126 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO TRASH RECEPTACLES AT DRIVE-THROUGH EATING FACILITIES (APPLICANT: CITY OF BALDWIN PARK)." LA Central - Trash in the Drive Thru Lane chart 2. Ordinance No, 1,35-9 Report Prepared By: Humberto Quintana, Community Development Liaison. Kili, U Omni 1.1 m E 0 M Ln ,6 4 0 00 m r-i Ln 20 E Ln vw 0 0 C4 v U. E 0 u 4- 0 4� 0 1-11 I 0-01 ew cl ev LL LL 0 0 06 co 4 ew cl ev LL LL U"ITMUM AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 126 TO THE BALDWIN ,-,-r'NG TO TRASH PARK MUNICIPAL CODE RELA I I RECEPTACLES AT DRIVE-THROUGH EATING FACILITIES (APPLICANT: CITY OF BALDWIN PARK). WHEREAS, the City Council has expressed concern regarding litter created �fatrons of drive-through eating facilities; WHEREAS, such litter is a health and safety concern and can result in contamination of water ways because that litter can end up in the regional storm drain system; WHEREAS, the presence • that litter is found to be a public nuisance a contributes to a decline in the quality of life; I WHEREAS, that litter can be curtailed if convenient trash receptacle are plac near drive-through eating facilities; and I WHEREAS, the City Council finds the standards set forth in this ordinance aM-', necessary to protect the public safety and welfare of the residents of the City of Baldw Park and the regional waterways; I NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1. Chapter 126 is added to the Baldwin Park Municipal Code, to re-09 .0's follows: I 107ffgag=llmtm�•�� • "'.•^ EATING ESTABLISHMENT. Any establishment, which provides as a principle use, the sale of any food, frozen desert or beverage and which is ready for immediate consumption. A. The operator and owner of a drive-through facility associated with an eating establishment shall install and maintain a drive-through trash receptacle. B. The owner and operator of the drive-through facility associated with an eating establishment for which a drive-through receptacle is required shall empty the drive-through trash receptacle • trash • a regular basis to ensure customers using that drive-through facility are able to deposit trash into that receptacle. A. Installation of the drive-through trash receptacle at a drive-through facility associated with an eating establishment, as required by Section 126.020, shall be completed prior to the issuance • a new business license • certificate of occupancy for that drive-through facility. 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. SECTION 3. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published in a manner prescribed by law. RARFMI rffwaw.'IMMMTTAVWA�.'��!Ml STATE OF CALIFORNIA COUNTY • LOS ANGELES ss: CITY OF BALDWIN PARK 1, ALEJANDRA AVILA, City Clerk • the City • Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting • the City Council on 1 2012. That there after said Ordinance No. 1352 was duly approved and adopted at a regular meeting of the City Council on by the following vote: • • F."TOO 06111011111IMMIMAM A" OM 11 WL • 74- TO: FROM: DATE: SUBJECT: PURPOSE • BALDWIN PARK OCT 0 3 STAFF REPORT I i if 1111M71 I I It, 01111 ,If 15 1111910-T-7n,11M Tasty Thursday's Weekly Fundraiser Follow Up Report CITY The purpose of this report is to provide a follow up report to City Council regarding the Tasty Thursdays Food Truck Fundraiser at Morgan Park. This report provides actual documentation for Gringos Tacos Food Truck pursuant to requests for clarification of documents. BACKGROUND AND DISCUSSION A comprehensive report of the Tasty Thursday Fundraising Event was presented to the City Council at their regular meeting on Wednesday, September 19, 2012. In response to questions and inquiries pertaining to valid permits, insurance and verification of sales, the following brief summary has been compiled. All participating food trucks were required to submit documentation and payment for inclusion in the Tasty Thursday / Summer Concert Fundraising Event. Documentation included: • Health Operating Permit • Proof of Insurance • Signed Agreement In addition to the requirements of the City, there are numerous requirements for food trucks to obtain Health Operating Permits from the Los Angeles County Department of Public Health. There is an extensive list of expectations and responsibilities on behalf of the food vendor. A few of these items are Certified Food Protection Manager Certificate or Food Handier card, valid vehicle registration and valid drivers license all kept on the truck. Fiscal Year 2011-2012 Los Angeles County Health Permits expired on June 30, 2012. According to Michelle LeCavalier, Chief Environmental Health Specialist of the Los Angeles County Health Department, food truck operators were given until September 6, 2012 for renewal. Therefore all Health Operating Permits from the Los Angeles County Health Department were valid during the entire Tasty Thursday and Summer Concert events. Files for each vehicle were maintained with updated documents and payment records. Files maintained for each vendor are complete with current and accurate documentation to provide food to the public. Sample copies were attached in the report on September 19, 2012 and reflected insurance and permits in prior years. Valid records for Gringos Tacos are attached to the current report as an example of the records kept for each participating food vendor. They were also required from the truck at the time of participation in the Tasty Thursday event. As a way to ensure proper payment was collected from food trucks, a $40 flat rate was established. However, a percentage of sales were used in cases of lowered priced items, dessert items or specialty items. In cases where food trucks did not have the inventory or items to draw in large sales, $40 was an unreasonable amount for participation. Those were the rare exceptions in which percentage of sales was used to collect fees. The goals of the event were to generate funds as well as offer new experiences to the community and maintain a business friendly environment. Additionally, another focus of the Department was to reduce staff time and decrease expenditures of part time pay. Utilizing a percentage of sales for collection of fees, the Department was able to attract new vendors that might not have participated otherwise. Modified agreements were created to include a percentage payment in a few situations. In these cases of percentage, sales were verified by the signing of the agreement on behalf of the food vendor, and observation by staff of number of consumers. On occasion, vendors would provide a bill of sales totaling the generated revenue as verification. 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) Gringos Tacos Food Truck Checklist 13) Gringos Tacos General Liability Insurance C) Gringos Tacos Health Department Operating Permit D) Gringos Tacos Vendor Agreement E) Permit Renewal Extension TASTY TH, SDA- S FOOD TRUCK CHECKLIST Date: 06/14/2012 Business/Vendor-, Gringos T acos Public Health Operating Permit Certificate of Liability Insurance 00 Payment for Use of Spac,*- I ID- L A<7"J;MX (YYY) CERTIFICATE OF LIABILITY IN Attachment B THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR AL JCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT RIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER Phone: 818-989-4949 NAME : EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Fred Glaser Ins Associates Inc Fax: 818-989-1013 PHONE—* .......... * ........ ................. . ................ ............ F AX ....... .... . . . ... .. ..... ... . . . ... ... ....... .. .. 14547 Hamlin Street ------ ............ ....... . .................... . ... $ 1,000,000 PO Box 3468 E-MAIL 0ICG89571670 09/15/11 Van Nuys, CA 91407 UAM;kGS TO RrmNTErF .________ -APPR9AA: ........... ............................................. . ...... A X COMMERCIAL GENERAL LIABILITY Pacific Commercial Ins Agency _1 ------ COVERAGE__........___.._ . PREMISES (Ea occurrence) J." ............. . .... $ .......... INSURER A; American States 119704 .................. . .................... ...................................... INSURED Standard Catering Inc. .......... ... . ....................................... .......... . ... .............. ................................................. . ............ ........... INSURER B; Golden Eagle 110836 IdealFoods Inc, ........... . . . . ......... - _11.111 ........... . ........ ............. ......... _.._._......._..._..___.._..._------ INSURER C: 1 . .............................. .......... ........... $ 1,000,000 .......... .......... .. ........... .... 1 1 1 7549 Alondra Blvd ER D; IN . .. . . SUR....................... .......... - - -- . . ...... ........... .................... . . . . .. Paramount, CA 90723 GENERAL AGGREGATE ............ . ... .. INSURER E ......................... ... . ........ . . ............... ... . ............. . ..... _'__ .................. .................. . .... .... . . . . . . GEN'L AGGREGATE LIMIT APPLIES PER: INSURER F; f'A%1CDA12=Q ('1712TIVIrAT9 Kill IUM;=P- PF4/IA10114 NIIMRFP- i 1 POLICY PRO- LOC X I JECT THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - ....- .............. .... kabc ........... 1______1 .. ........... .... ......... . ..___ ------ — --------- ______ .......... .. . . k9k -------------- - * ................... .. ..... WORT POLICYEFF POLICYEXP LTR TYPE OF INSURANCE INSR Vivo POLICY NUMBER LIMITS MM/DDIYYYY1 (MM/DDIYYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 0ICG89571670 09/15/11 09115/12 UAM;kGS TO RrmNTErF .________ - - - - ----- - 1,000,000 A X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) J." ............. . .... $ .......... I... -, 1 OCCUR I J CLAIMS-MADE [_X MED EXP (Any one person) $ 10,000 PERSONAL &ADVINJURY .. . ............. I ........... 11111111-11 ............. .. $ 1,000,000 .......... .......... .. ........... .... 1 1 1 GENERAL AGGREGATE ............ . ... .. 2,000,000 ... .... ...... ............... ... . ............. . ..... _'__ .................. .................. . .... .... . . . . . . GEN'L AGGREGATE LIMIT APPLIES PER: P-R.O.D.,U-CIS. - COMP /OP AGG $ 2,000,000 i 1 POLICY PRO- LOC X I JECT $ AUTOMOBILE LIABILITY COMBINED SIN LELIMIT (Ea accident] .. ___1,000,000 ......... A AUTO ANY 0I0140060220 11/01111 11/01/12 BODILY INJURY (Per person) $ 1 ALL OWNED SCHEDULED --BODILY �INJURY -(Per accic.n ....... . ..... .. 'AUTOS AUTOS C NON-OWNED I HIRED AUTOS AUTOS PROPERTY DAMAGE $ ---------- ---- - X UMBRELLA LIAB I IOCCUR j EACH OCCURRENCE .............. . 4,000,000 .......... . ... . ... ..... ... ...... .............. EXC ESS LIAB B EXCESS C L IMS-MADE CU8871436 09/15/11 09/15/12 AGG.....R.....E....G...AT.E ....... . . ........ 10000 ............ ...... DED X RETENTION$ $ WORKERS COMPENSATION I WC STATU- !OTH- I tia-L i ER AND EMPLOYERS` LIABILITY YIN ... . ........ ................. ........... _ ............... ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT [--] OFFiCER/MEMSER EXCLUDED? (Mandatory in NH) (M N/Al I i E L DISEASE EA E M _YEE .................. __[_ '... __1 ............... if yes, describe under DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER UANUtLLA I IUN City of Baldwin Park 4100 baldwin park blvd Baldwin Park, CA 91706 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD � ♦r � r ;r r r � •r TINS AGREEMENT is made and entered into by and between the CITY OF BALDWIN PARK, a municipal corporation, hereinafter referred to as "City ", and Gdagos 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. 3. The hours of operation shall be Thursday, .Tune 14 from 5:00 p.m. to 8:00 p.ma (including 30 minutes after for clean up) and set -up shall not start earlier than 4:00 p.m. on 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. d. 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. -1- 11. Food Vendors will not allow any individual with a criminal record to pro-Y the perfon-nance of this Agreement. Food Vendor Name:r-I ''O�JQS City Representative: Food Vendor Signature: City Representative Signature: Date: q Date: -2- PTA �'Si1T3iii� Rudolph Gal• • From: Michelle Lecavalier [mlecavalier @ph.lacounty.gov] Sent: Monday, September 24, 2012 11:38 AM To: Rudolph Galindo Cc: Teresa Johnson Subject: Requested information Im T.s14bi Truck Cart Handout it 072012.pdf 012.pdf (89 K Mr. Galindo, Please be advised that our 2011 -2012 Permits expired on 6/30/12 but operators had until 9/6/12 to pay the renewal for the 2012 -2013 Public Health Permit. Attached are the truck and cart handouts for mobile food facilities. Please feel free to contact me if you have any questions or need further assistance. Regards, Michelle LeCavalier, REHS, MS Chief Environmental Health Specialist Los Angeles County Department of Public Health Vehicle Inspection Program 5050 Commerce Drive Baldwin Park, 91706 626 430 5500 office 626 813 3021 fax e -mail: mlecavalier @ph.lacounty.gov CONFIDENTIALITY NOTICE: This email may contain confidential, legally privileged information intended only for the named recipient. If you are not the intended recipient, note that disclosure, copying, distribution or taking any action in reliance on the contents of this information, except its delivery to the intended recipient, is strictly prohibited. If you have received this email in error, please contact the sender immediately and delete this message. TO: Honorable Mayor and Members of FROM: Vijay Singhal, Chief Executive Offh O ITEMS 010. AND 13, AND PAYMENT OF MTA FUNDS COSTS FOR THE CITY OF BALDWIN .. TRANSIT PROJECT This report requests City Council approval to construct Deductive Alternate Item No. 1: Aluminum Fins for $275,000, construct Deductive Alternate No. 13: Canopies for $51,267, and submit a payment of $83,407 to MTA for funds management costs for the City of Baldwin Park Transit Center project. BACKGROUND On March 7, 2012 the City Council awarded a construction contract to PCL Construction Services Inc. in the amount of $8,631,300. The project consisted of several components; including a 5 level, 506 stall parking structure adjacent to City Hall, an overhead pedestrian bridge connecting the parking structure to the Metrolink train station, landscape and hardscape improvements for connectivity of pedestrians to the civic center, and appurtenant amenities. On March 21, 2012 the City Council added Deductive Alternate No. 8 to construct a lower level at a cost of $691,000. On July 18, 2012 the City Council added Deductive Alternates No. 4, 5, 7, 11, and 12 to add security loop detector imbeds, add three electric vehicle charging stations, install exterior metal screens, construct interior curbs and rails, and construct a block wall separation at a total cost of $198,200. DISCUSSION Deductive Alternates Deductive Alternate No. 1 consists of the installation of decorative aluminum fins along the exterior of the new transit center parking structure. The fins were part of the original design approved by the City Council. As a cost saving measure and to expedite the start of construction, this item was separated as a deductive alternate during the Transit Center — Authorize Construction of Deductive Alternates Page 2 of 4 October 3, 2012 bidding process. At the time of bid opening the contractor provided the City a cost of $335,000 to provide and install these fins. At the time of contract award this deductive alternate was not recommended for award to allow staff to explore the possibility of obtaining better pricing for this item. Staff worked with the Contractor to identify any possible cost savings, and considered several options. The contractor has provided the City a cost of $275,000 to construct Deductive Alternate No. 1. This represents a savings of $60,000 from the original estimate. Deductive Alternate No. 13 includes the installation of canopies at the entrances and exits of the new transit center parking structure. At the time of bid opening the cost to provide and install these canopies was lumped together with the installation of bus shelters for a total cost of $106,600. Staff has separated the two items. The Canopies must be included as part of the construction, however, bus shelters can be installed at a later time. Staff recommends installing the canopies and seeking additional grant funds to install the bus shelters at a later date. The cost provided to provide and install the canopies is $51,267. The total cost of Deductive Alternates No. 1 and 13 is $326,267, representing a savings of $115,333 from the original estimates. MTA Funds Management The City has also received an invoice from MTA for $83,407 for grant funds management costs incurred by MTA for the Transit Center project. The transit center is being funded by several different grants that MTA is managing. As a condition of the grant award, the City agreed to cover costs incurred by MTA due to the management of these grant funds. The City will be using a combination of Park Land Fees, Prop C and AQMD funds for these costs. These sources had been identified as eligible sources to be used for these alternates Concurrently with construction, staff has been applying for various additional grants. The City has been recently awarded an additional grant in the amount of $463,650 from the South Coast Air Quality Management District Governing Board and allowed to use existing AQMD moneys in the amount of $463,650 as match; for a total project cost of $827,300 to provide and install electric vehicle charging stations and a rooftop photovoltaic system on the fifth level of the transit center parking structure. These solar panels will provide electricity to the electrical vehicle charging stations that will be located in the new parking structure. Staff will submit these improvements for consideration at a later date. The City is still in the process of pursuing other grants for landscaping and bus shelters. Contingency The project cost has an available contingency of $42,578. The Transit Center construction is a very large and complex project. Furthermore, it requires coordination with numerous agencies such as SCRRA, Metro, CPUC, AQMD, Federal granting agencies, and the Fire Department. As the project has progressed staff has realized that often these agencies impose conditions that were not known, disclosed, or necessitated for reasons not known at the beginning of the project. Transit Center — Authorize Construction of Deductive Alternates Page 3 of 4 October 3, 2012 Recently the SCRRA modified its approval to require the contractor to perform work at night. Staff is working with SCRRA to waive this requirement since it could have additional cost impacts. The Fire Department also changed its approval requirements to include the installation of an additional air conditioning unit to cool the water pumps which will supply water to the emergency fire sprinklers. Similarly, the elevator designs, and miscellaneous items, such as doors, require changes. Federal Granting agencies have "Buy America" requirements for the project. In some cases, these regulations require design or specification changes. Due to these pending items, staff is requesting that the contingency amount be increased by $107,422 to $150,000, to meet the requirements and expectations of regulatory agencies and to prevent any possible delays due to these unforeseen changes. CONSTRUCTION PHASE (PCL Contract Construction Contract ...... ........ .......... $...... 8,631,300 . ... Deductive Alternate. #8 Lower Level (approved 3/7/2012) $ 691,000 ....................... .......................... ............................... ....._......_..... ............. ............................... Deductive Alternates # 4,5,7,11 & 12 (approved 7/18/2012) $ 198720,0 .. Deductive Alternate #1 Aluminum Fins (to be authorized) $ 275 000 .... .. .....-- _....._ ............ ...... ...... _ _ ............... Deductive Alternate #13 Canopies to be authorized $ 51,267 SUBTOTAL CONSTRUCTION $ 9,846,767 CHANGE ORDERS PROCESSED $ 357,422 CONTINGENCY BALANCE REMAINING $ 150,000 TOTAL PROJECT COST $12,720,596 The table below shows a summary of available funding sources tc cover the project costs. FUND SOURCE AMOUNT Grants FTA ........ .................................... $..1,910,872...... MTA PC 10% ........... .. ........... ............ ............._ ........ . . $ 4,187,000 MTA CMAQ ..... ...... $ 905,000.. MTA Parking Management $ 186,0.00 Transit Center — Authorize Construction of Deductive Alternates Page 4 of 4 October 3, 2012 ............. ............................ ...._................ .................. ......................................................................... .......................................................................................... ..._...................................... ......_._.. SUBTOTAL GRANTS 1111...... ................................. ........... 1111......... ....._....... ..... 111......1. ... 1111_........ .................. .., 111...1.......,., ........ ...... ................ .......................... 1111. $ 7,188,872 ........... 1111.. .. ..,......... ..................._... ........... .................. City ............. .. .. ......... 1111.. 1111... 11.11.. 1111 Prop C (City Match.) — used $610,100 for Land ....... . ..... ...... $ 3,208,096 Gas Tax..(City Match) .... .. $ 1,200,000 . . Measure R (City Match) ..... ....... ....... . $ 425,428 .... 111 1 . Asset Forfeiture .... .... .... ... $ 300,000 AEA 2766 funds (AQMD) ..... ...... .... .1111 $ ___198,200 Public Arts Funds $ 200,000 SUBTOTAL CITY FUNDS $ 5,531,724 TOTAL FUNDING SOURCES $12,720,596 a There is no fiscal impact on the General Fund. Sufficient funds are available in funding sources identified in the funding table above. These funding sources are restricted for use for transportation related purposes and cannot be used for General Fund operations. RECOMMENDATION Staff recommends that the City Council: 1. Approve a contract amendment with PCL Construction Services Inc. for construction of Deductive Alternate No. 1 at a cost of $275,000; and 2. Approve a contract amendment with PCL Construction Services Inc. for construction of Deductive Alternate No. 13 at a cost of $51,267; and 3. Authorize increasing contingency funds by an additional $107,422 for a total available amount of $150,000; and 4. Authorize the Mayor to execute a contract amendment after a review by the City attorney and after it has been executed by the contractor; and 5. Authorize the Finance Director to appropriate $200,000 from Park Land Fee fund; and 6. Authorize the Finance Director to appropriate an additional $317,096 from Prop C funds; and 7. Direct the Chief Executive Officer or his designee to seek necessary approvals and complete paperwork to use these funds. ATTACHMENT Rendering of Aluminum Fins and Canopies — . a a a I r• I! • FROM: DATE: CITY OF BALDWIN PARK OCT 0 3 STAFF REPORT ITEM NO.� NZEMMENtal V, ADOPTION OF • • • 2012-037 ...O . TO APPLY FOR GRANT FUNDS FROM THE LAND AND WATER CONSERVATION FUND FOR THE BARNES PARK FITNESS ZONE PURPOSE The purpose of this staff report is to consider adopting Resolution No. 2012 -037 to make improvements at Barnes Park. BACKGROUND In order to continue the improvement of amenities at city parks, staff was looking for new funding sources for various recreation projects. At the suggestion of Councilmember Monica Garcia, staff became aware of a grant program through California State Parks. The Land and Water Conservation Fund (LWCF) is an annual grant program that is funded through the federal government which provides matching funds to the State of California. Funds for the program come from federal recreation fees, sales of federal surplus real property, federal motorboat fuels tax, and Outer Continental Shelf mineral receipts. The money allocated to the states may be used for acquiring and developing outdoor recreation areas and facilities. Originally, staff looked into the possibility of using the grant application to build a dog park, however, there was not enough time to meet the criteria established for California Environmental Quality Act (CEQA) for the dog park due to a November 1 deadline. Staff plans to submit a grant application during the next funding cycle for the dog park. Instead, staff suggested pursuing the grant for a new fitness zone at Barnes Park. The idea for a fitness zone at Barnes Park came from community input meetings held at Barnes Park for Round 1 and 2 applications for Proposition 84 grant funds. In addition, in August 2012, a fitness zone opened at Morgan Park which was made possible through a partnership with The Trust for Public Land. When the fitness zones opened at Hilda L. Solis Park and Morgan Park, residents commented the need for a fitness zone at Barnes Park to accommodate residents in that section of the City. For this current application, staff identified Barnes Park as an ideal location because of its high user demand and the strong feedback for additional amenities from residents living nearby Barnes Park. In addition, after reviewing previous allocations from the State for the LWCF program, allocations have ranged from $24,000 to $400,000. The smaller allocations have been for restrooms and picnic shelters, while the larger amounts have been for large trails. DISCUSSION For this current application, staff identified Barnes Park as an ideal location because of its high user demand and the strong feedback for additional amenities from residents living nearby Barnes Park. In addition, after reviewing previous allocations from the State for the LWCF program, allocations have ranged from $24,000 to $400,000. The smaller allocations have been for restrooms and picnic shelters, while the larger amounts have been for large trails. The improvements to Barnes Park include a fitness zone with shade structure, benches, markers along the Barnes Park walking path and bilingual signage at the site. The proposed shade structure at the fitness zone falls in line with recommendations made through the 2007 Comprehensive Park Master Plan. FISCAL IMPACT This grant application requires a 50% match. Staff has identified preliminary funds from the Community Development Block Grants (CDBG) program, which are restricted funds allocated for improvement of City infrastructure. The project is eligible under low-moderate CDBG requirements. Staff will be submitting a $35,000 CDBG request for fiscal year 2013-2014. The total cost of the project will be $70,000 which includes the City's 50% match and if funded, the State allocation. RECOMMENDATION Staff Recommends the City Council: 1) Waive further reading, read by title only and adopt Resolution No. 2012-037 entitled "RESOLUTION OF THE CITY OF BALDWIN PARK APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUND BARNES PARK FITNESS ZONE"; and 2) Authorize the Director of Recreation & Community Services to execute any further documents. Attachments: A) RESOLUTION No. 2012-037 RESOLUTION OF BALDWIN PARK CITY COUNCIL APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION WHEREAS, the Congress under Public Law 88 -578 has authorized the establishment of a federal Land and Water Conservation Fund Grant -In -Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes, and WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and WHEREAS, said adopted procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications and the availability of eligible matching funds prior to submission of said applications to the State; and WHEREAS, the proposed Barnes Park Fitness Zone Project is consistent with the most recent California Outdoor Recreation Plan (CORP); and WHEREAS, the Project must be compatible with the land use plans of those jurisdictions immediately surrounding Project, NOW, THEREFORE, BE IT RESOLVED that the Baldwin Park City Council hereby: 1. Approves the filing of an application for the Barnes Park Fitness Zone Project for the Land and Water Conservation Fund assistance; and 2. Agrees to abide by SECTION 6(F)(3) of Public Law 88 -578 which states "No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior, be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location. "; and 3. Certifies that said agency has matching funds from eligible source(s) and can finance 100 percent of the Project, which up to half may be reimbursed; and Resolution No. 2012-037 Page 2 4. Certifies that the Project is compatible with the land use plans of those jurisdictions immediately surrounding the Project-, and 5. Appoints the Director of Recreation and Community Services as agent to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned Project. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES Ss. CITY OF BALDWIN PARK 1, ALEJANDRA AVILIA, City Clerk of the City of Baldwin Park, hereby certify that the foregoing Resolution was duly adopted and regularly approved and adopted by City Council of the City of Baldwin Park at a regular meeting of the City Council held on October 3, 2012 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALEJANDRA AVILIA CITY CLERK 117 Inplir", i US ()C� 0 2 COMMUNITY DEVELOPMENT COMMISSION <7 STAFF REPORT g�m Ma=- The purpose of this report is to request the City Council: 1) Approve the household selected and qualified to purchase the NSP property, and; 2) Authorize staff to prepare the purchase agreement for the Neighborhood Stabilization Program (NSP) property located at 4009 Puente Avenue. In October 2010, the City entered into an agreement with the State of California's Housing and Community Development (HCD) for the Neighborhood Stabilization Program under the Housing and Urban Development (HUD) Title III of Division B of the Housing and Economic RecoveryAct of 2008 (HERA). The City's program was designed as Acquisition, Rehabilitation and Resale of foreclosed and vacant properties. The City partnered with the San Gabriel Valley Conservation Corp (Corp) and private contractors for the rehabilitation of the properties. On March 16, 2011, the City Council approved the Sales Plan for the resale of the properties. The Sales Plan and NSP requirements establish the following: Maximum Sales Price Per NSP requirements, the maximum sales price cannot be greater than the amount of the NSP investment or the appraised value. It is also based on bedroom count of the property, household size and household income. The maximum sales price for each property will vary and will be determined on a case-by-case basis. A second trust deed will be placed on each property based on the difference between the buyer's qualifying amount and the value of the property. Maximum Monthly Payment In an effort to ensure affordability, the maximum monthly loan payment shall not exceed 35% of the household income. "Affordable Monthly Housing Costs" include an estimate of the following costs for a 12-month period: =0 Staff Report NSP Purchase Agr Oct 3, 2012 Affordability Period A Covenant will be placed on the property to ensure that it remains affordable for a period of 15 years. Any sales of the property for the 15-year period must be made to a moderate-income household. A second deed will also be included to fill the gap of the purchase price and the first trust deed amount. The amount of the second trust deed will be the equity value of the property. Application Process To ensure equity to all residents, the sale of an affordable housing property was conducted under the following guidelines: ■ Articles were placed in the April and June issues of the NOW, information was placed on the City's Website and staff attended school meetings and youth program meetings to promote the program. ■ Applications were accepted for 3 months. ■ Applications must have been submitted with an approval letter from a lender indicating approval amount (qualifying amount must be no less than $200,000). ■ Qualifying applicants were assessed and ranked by preference totals. ■ The first qualifying applicant selected the property they wish to purchase from the three NSP properties. The second applicant selected from the remaining two properties. A third applicant is pending. Preferences The following preferences were established: ➢ Baldwin Park Residents 10 Points ➢ Large families (3 or more minors) 5 Points ➢ Veterans 5 Points ➢ Working in the city of Baldwin Park 2 Points DISCUSSION The applicant currently under consideration at this time is as follows: Staff Report NSP Purchase Agr Oct 3, 2012 The Vasquez Family — 12 points — Puente Property Edith Vasquez is a single mother with two children. Her daughter Grecia is 12 years old and attends Jones Jr High. Her son, Ivan is 7, attends Central School and has already received several academic awards. They have lived in Baldwin Park for 20 years. Edith also lives with her father Brigido who will also • moving into the house with the family. Available Properties The City currently has two additional properties for sale, a NSP property located at 4853 Azusa Canyon Road and the property built by the Regional Occupational Program (ROP) students at 4500 Bresee. The City is seeking qualified buyers for these properties. Proceeds from Sale In accordance with NSP requirements, the program income received from the sale of the NSP properties will allow the City to purchase other foreclosed, vacant property and resell to a moderate-income household. Because Housing Set-aside funds were utilized to puchase and develop the Bresee property, once that property is sold, the funds will be returned to the State as required for all former Redevelopment projects. Staff recommends the City Council: 1) Approve the household selected and qualified to purchase NSP properties, and; 2) Authorize staff to process the purchase agreement as prepared by the City Attorney for the Neighborhood Stabilization Program (NSP) property located at 4009 Puente Avenue. SUBJECT: Analysis of Los Angeles County Sheriff's Department's Municipal Law Enforcement Proposal for Baldwin 1 Police Services (Phase-1 Study) PURPOSE The purpose of this report is to present staff analysis of the Los Angeles County Sheriff's Department (LASO) Municipal Law Enforcement Proposal for Baldwin Park Police services (Phase I study) and to request direction from the City Council as to how to proceed. BACKGROUND At the July 2, 2012, City Council meeting, staff discussed the following General Fund projections which summarized preliminary requirements needed to fully fund the Police Department and future retiree health benefits for all employees: General Fund and Police Department Cost Trend and Projections Proposed Police Budget 2013 (Used as Base Budget) Items not included in Police General Fund Budget Asset Seizure Expenses Vacancies Workers Comp & Retiree Medical Future Pension and Operating Increases 2014 2015 2016 2013- Budget Projection Projection Projection 16,906, 670 16,906, 670 16,906, 670 16,906,670 739,250 776,213 815,023 855,774 626,480 657,804 690,694 725,229 465,613 612,174 713,392 819,731 - 185,000 194,700 205,194 Revised Police General Fund Budget AFTER Police Costs Adjustments 18,738,013 19,137,861 19,320,479 19,512,598 FY 2013 Police Budget - General Fund 16,906,670 16,906,670 16,906,670 16;906,670 Increase in General Fund Police Budget AFTER Adjustments 1 , >31 . 9I, 2,4 ,8019 2, ,F 0, ,42 ; FY 2013 Anticipated General Fund Deficit (no other changes in revenues and expenses) f ?,1,00'),Oow ('1,0001,0001". 1"0 oo 000 � 01 -c 00]" Unfunded Retiree Medical Costs -Other Depts t ) w 361 (822,3301 Future additional amount required to offset on- going Annual Deficit -- after additional Police Costs & Funding of Retiree Wealth `3,479,224) (3,943,860) 4,197,745) j4,468,258j LASO Phase l Study October 3, 2012 Page 2 After discussion of the City's current economic condition, the City Council directed staff (i) to research the possibility of contracting with the LASO for the provision of police services in the City of Baldwin Park and (ii) to seek a Phase I Study from the Sheriff's Department as the first step in that research. In a letter dated July 5, 2012, staff authorized and requested LASO to proceed with that Phase I Study. The Phase I Study, attached for review, was received on September 13, 2012, and reviewed by City staff. service SERVICE LEVEL ANALYSIS AND COMPARISON The LASO reviewed the City] current staffing levels and various police programs and proposed a comparable level through contract - the Listed below is chart of the comparison of the services currently provided by the City of Baldwin Park, as well as those proposed to be provided by the LASO. Service Comparison Service City of Baldwin Park Los Angeles County Sheriff Field Deployment 30 Sworn Officers (fluctuates based 43 Sworn Officers (24 hour period) on officer leaves) (constant, not impacted by officer leaves) Annual Service Hours 55,141 77,421 Traffic Enforcement 3 Motorcycle Units 4 Motorcycle Units Helicopter Support 4 hours /day; 7 days /week (unless Emergency Services as needed helicopter is down for service) 24 hours a day regional patrol K -9 Unit 3 Units ( 2 patrol, 1 SIU) 11 Units available as needed Pride Platoon 5 officers (grant funded) VIDA services Detective Bureau — 15 Detectives total 6 Detectives will investigate local crimes General Investigations 1 Sergeant, 7 Detectives and crimes against persons - Sheriff's SIU 1 Sergeant, 3 Detectives Department's centralized Detective LAIMPACT 1 Detective Division investigates certain specific Southwest Borders 1 Detective crimes, homicide, fraud, narcotics and HIDTA 1 Detective vice. COPS Unit Not Available 1 Sergeant and 6 Officers Community Services 1 part -time City Service Worker 1 Sergeant Special Problems Unit GAP - 2 Detectives 1 Sergeant, I Detective and 4 Deputies Special Services Not Available 2 Detectives focusing on individuals on Parole & Probation Special Event Coverage Overtime Standard hourly rate of $64.00 (as needed basis) LASO Phase I Study October 3, 2012 Page 3 The proposal provides for complete law enforcement coverage at a rate of $11,615,989. The coverage includes a 40% increase in sworn patrol hours. Total staffing included in the proposal is 77 Sheriff's personnel; staffing includes 57 deputies for complete patrol coverage and the Special Services Detectives. In addition to the patrol deputies, there is a Service Area Lieutenant, Community Relations Sergeant, Social Services Deputy, Special Problems Sergeant, Special Problems Detective, Special Problems Deputies, Sheriff's Clerks, Law Enforcement Technicians, and Custody Assistants. There are also 20 Sheriff's personnel listed as overhead for the station, an additional Lieutenant, four additional sergeants, six additional detectives, and nine additional professional staff. (That information can be located on pages 48 and 49 of the attached Phase l Study.) The LASO also provides various community services programs; some are similar to the programs the City currently provides. Those programs are listed on pages 9 -12 of the Phase I Study. The City also has the option to expand or enhance some of these programs to better meet Community and Council expectations. FINANCIAL ANALYSIS AND COMPARISON The following page provides a comparison of the total Police Department's Budget versus the cost reflected in the LASO Phase I Study, including possible estimates of adjustments /costs that will continue or will not be incurred. It should be noted the City has some public safety costs that will NOT be absorbed by the Sheriff's Department. Similarly, there are certain costs that would not need to be incurred if the City were to contract its police services. LASO Phase I Study October 3, 2012 Page 4 Adjustments: Reserve for Unfilled Vacancies Unfunded Retiree Medical Costs Total Cost of Police Department at 100% LOS ANGELES COUNTY SHERIFF PROPOSAL On -going costs after proposal: Pension Obligation Bond (Expires 2018) PERS Cost-Inactive Pool (Estimate) Special Events Overtime Animal Control Crossing Guard Parking Enforcement Unit RedFlex Cameras Loss of Police Revenues: Police Charges Police Overtime Reimbursement Witness Fees Cost Recovery Jail Fees Revenue Booking Fees LA Impact Loss of Possible Grants (or increase In Costs {represents 500 of Grant Fund Budget}) Other Savings: Maintenance, Utilities, Janitoral, Legal and Other Overhead Costs (Finance, Personnel and Fleet) ADJUSTED LOS ANGELES COUNTY PROPOSAL DIFERENCE BETWEEN PROPOSAL AND ADJUSTED POLICE BUDGET 1,595,010 520,000 10,000 292,000 190,0()0 126,000 375,000 40,000 20,000 1,100 5,000 50,000 25,000 16,500 335,175 626,480 465,610 19,452,760 11,615,989 1,595,010 520,000 993,000 492,775 (460,000) (460,000) 14,756,774 4,695,986 FY 201212013 PROPOSED BUDGET POLICE BUDGET (PROPOSED) ONGOING OPERA 77ONS Fund '# Description 100 GENERAL FUND 16,906,670 205 FEDERAL ASSET FORFEITURE 739,250 206 STATE ASSET FORFEITURE 10,000 207 LOCAL LAW ENFORCE BLOCK GRANT 2,400 220 C.D.B.G. 32,000 270 GRANTS FUND 670,350 18,360,670 Adjustments: Reserve for Unfilled Vacancies Unfunded Retiree Medical Costs Total Cost of Police Department at 100% LOS ANGELES COUNTY SHERIFF PROPOSAL On -going costs after proposal: Pension Obligation Bond (Expires 2018) PERS Cost-Inactive Pool (Estimate) Special Events Overtime Animal Control Crossing Guard Parking Enforcement Unit RedFlex Cameras Loss of Police Revenues: Police Charges Police Overtime Reimbursement Witness Fees Cost Recovery Jail Fees Revenue Booking Fees LA Impact Loss of Possible Grants (or increase In Costs {represents 500 of Grant Fund Budget}) Other Savings: Maintenance, Utilities, Janitoral, Legal and Other Overhead Costs (Finance, Personnel and Fleet) ADJUSTED LOS ANGELES COUNTY PROPOSAL DIFERENCE BETWEEN PROPOSAL AND ADJUSTED POLICE BUDGET 1,595,010 520,000 10,000 292,000 190,0()0 126,000 375,000 40,000 20,000 1,100 5,000 50,000 25,000 16,500 335,175 626,480 465,610 19,452,760 11,615,989 1,595,010 520,000 993,000 492,775 (460,000) (460,000) 14,756,774 4,695,986 LASO Phase t Study October 3, 2012 Page 5 It's important to note those savings are estimates only. There are several items that require further research and analysis; upon further analysis, the savings estimate could be higher or lower. The retiree medical costs are expected to be higher based on the latest actuarial study, which is being finalized, and the CaIPERS costs could be higher or lower. The City receives and uses various grants to pay for costs of policing operations. Even with the LASO contract, the City would be eligible to receive and use grants; the exact amount of grants available could change. Therefore, to be conservative, staff has assumed at least half will not be available for funding. If more of those funds can be used, then the savings would be higher. If Council directs staff to continue the analysis of contracting with the LASO, then staff would be able to refine those numbers during the Phase II Study. Based on the information available at this time, it appears the contracting with the LASO is likely to generate annual savings of approximately $4.5 Million. Starting in Fiscal Year 2019/2020, the annual savings would increase by $1.3 million when the pension obligation bonds are paid off. The City also will have the option to reduce the level of service or add special programs or services. If the City chooses to reduce services, then the annual contract costs would be lower; and if the City chooses to add certain special programs, then the cost of the contract would increase. For example, the LASO provides various community programs, including emergency preparedness activities. The City would have the option to expand the programs, if it so chooses for an extra cost. Once again, those matters would be discussed during a Phase It Study, if Council so authorizes. The LASO would use the City of Baldwin Park police facility as a Sheriff's station and also plan on operating the jail. The financial analysis does not include any credits for facility usage. All those issues will be discussed and determined if the Council directs a Phase 11 Study be pursued, as discussed later. Start up Costs The costs discussed above are the ongoing costs for a proposed contract. Before the contract would be implemented, there will some startup or one -time costs. Those costs would include cost of leave payouts. As of June 30, 2012, those amounts were estimated at about $600,000. Some of those costs would be payable to employees and some to the LASO for the hours that will be credited to the employees by the LASO. Other start up costs could include costs of any new vehicles or equipment that may be needed or any major repairs to the facilities, if needed. The ongoing costs for vehicle replacements and maintenance are included in the annual contract amount. Start up costs would reduce the savings during the first year of implementation and could be negotiable. However, actual start up costs would be identified during a Phase 11 Study, if authorized. The City would also need to negotiate with the unions before contracting can be implemented and that would require some legal costs also. LASO Phase I Study October 3, 2012 Page 6 If the City Council chooses to proceed with the process, then the City would need to request a Phase 11 Study. A Phase 11 Study is a very comprehensive study, in which the LASO will be conducting a very comprehensive review of personnel, equipment and the facility. There is a cost of about $90,000 for the Phase 11 Study. That amount is waived if the study results in a contract for services. In addition to the fees, the City would also provide a person to facilitate/coordinate the Phase 11 Study, which would take approximately 3-6 months to complete. After completion of the Phase 11 Study, if the City decided to proceed with the contract, then the City and the County will finalize a contract, which could take about three months. If the Council decided to proceed with the Phase 11 Study, then the cost would be included in the proposed fiscal year 2012 - 2013 budget. FISCAL IMPACT There is no fiscal impact for this report. Fiscal impacts associated with various actions are identified within the report. RECOMMENDATION It is recommended the City Council 1) receive the LA County Sheriffs Department's Municipal Law Enforcement Proposal for the City of Baldwin Park police services (Phase I Study); and 2) direct staff to proceed with a Phase 11 Study or 3) provide other direction at the City Council discretion. ATTACHMENT 1 City of Baldwin Park Municipal Law Enforcement Proposal from the Los Angeles County Sheriffs Department City Of in al.c.iwin Park F �j r Field Operations Region l Field Operations Region 11 07 Altadena Stati 18 Avalon Station 23 Cerritos Station 12 Crescenta Valle Statio 16 Carson Station 02 Bast Los Angeles Station 11 Lancaster Station f 21 Century Station 14 Industry Statio 13 Lakewood Station 22 Malibu /Lost Bills Station 28 Compton Station 04 Norwalk Station 26 Palmdale Station 17 Lomita Station — O6 Santa Clarita Valley Station 27 Marina del Rey Station 15 Pico Rivera Station . 05 Temple Station 83 Parks Bureau 08 San Dimas Station 03 South Los Angeles Station 29 Walnut/Diamond Bar Station ` , 09 West Hollywood Station Each Station is represented by a number, which is also the first two digits of the Reporting District (RD). owns OWL", Message From El The'Shenn I want to thank the City Council, City Administrators, and residents of Baldwin Park for considering the Los Angeles County Sheril"I's Department for your municipal policing services. The Los Angeles County Sheriff's Department is the most experienced provider of contract law enforcement services in the world. The use Qf intergovernmental contract services iA Los Angeles County dates back 1Q 1954. The concept nf contracting has proven a0 successful that forty-two of the eighty-eight cities iDLos AOOe|SS County contract with the Sheriff's Department for their complete law enforcement SerV|cns., AS8 national leader iO law enforcement, the Sheriff's Department pn]VideSavvide and comprehensive range 0f services that are unsurpassed. The Sheriff's Department iS regularly called upon k} provide training and assistance to law enforcement agencies throughout Los Angeles County, the nation, and the world. This expertise is 8Y8i|8b|e to each and ever' one Of our contract clients OD 8 daily basis. Whether the city of Baldwin Park ultimately elects to pursue a contract with us at this time or not, the Los Angeles County Sheriff's Department remains committed to strengthening its law enforcement partnership with your City. [11" - r �c, e This study will present 8 proposal OD the cost of providing municipal law enforcement service to the City of B@|dvVO Park. Information contained in this proposal was obtained from dDCU[nmOtS provided by the City of Baldwin F`@[k' the Baldwin Park Police Department, and information uV@i|8b|e to the public. The Los Angeles County Sheriff's Department provides high qU8|UvGDddk/gCSifiodDlUOiCip@||GVY enforcement services. The Sheriff's Department iS the municipal police agency for 1.9million residents in 42 of the county's 88 incorporated cities, as well as the more than 1 million residents throughout the UOiDCOrpO[@t8d CDDlOOUDitiBS. Law enforcement Se[ViCo is also provided to the M8t[OpO|it8D Transit Authority, the GOUth8[D California R8giOO8\ Rail Authority, LOS ADgG|8S CoDlDlUnih/ [|O||8g8S' and G multitude of other public and private entities. The system Of community oriented policing is COOPdiOGted' well managed, and cost efficient pn3g[@OJ designed with each individual community's needs iDmind. Contract services are provided pursuant tO Article 11Ofthe California Constitution, Section 513O1 of the California Government Code, and Section 56 (et seq.) of the Los Angeles County Charter. u n i c p aia SeFflus Noposfl —T,,@,We of Contents Section I - The Los Aqejes County Sheriff's Dopeutment 3 Section H - The City of Baldwin Park Is Section III - Contracting With the Sheriff's Department 29 Section IV - Contract Proposal 47 V�' -, - - , � The Los Angeles County Sheriff's Department 4 Sheriff Leroy D. Baca Executive Organizational Chart 5 Sheriff's Department Ovdrview 6 Public Trust Policing 9 K= = Section I �N��N�t Leroy ��) Bace m�" ��/� Sheriff Baca commands the largest Sheriff's Department iOthgUDited8t8t8S8OdiGthe Director of Homeland Security-Mutual Aid for California Region 1, which includes the County of Orange. Sheriff Baca incorporates innovative best practices into his leadership style based ODpFO- G[tiVe' pn]g[8SGk/G p[Ob|eDl solving. His d8VS|Opnl8[t of leadership qU8|dOeS in RU (8V8|S of the Sheriff's Department have nsSV|t8d in StP3Dg solutions LV problems such as drug addiction, domestic violence, honl3|8SSO8SS, g8OgS' illiteracy, at-risk youth, parenting, and the quality Of life in neighborhoods. He also Dl8D@geS 18 non-profit Youth Athletic League C8Dt8[S SRrViDQ at-risk youth in after-school programs involving academics, sports, and cultural arts. Sheriff Baca also developed the Office of Independent Review, comprised of six civil rights attorneys who provide independent oversight 0l all iOt8Ol@| affairs and iOtS[O8| QimiD@| investigations concerning alleged misconduct bv Department personnel. This unique model of civilian oversiciht is a groundbreaking approach to ensure police accountability. Sheriff Baca earned his Doctorate Of Public Administration Degree from the Un Of Southern California. HeiS8 life member Uf the Honor Society 0f Phi Kappa Phi, USC Chapter. A strong advocate of education, he developed the LASID University consortium with over 20 universities where over 1,000 members of the Sheriff's Department are enrolled in Bachelor's and Master's Degree programs. H8 entered the Sheriff's Department QO August 23.1QO5, and served iO the United States Marine Corps Reserves. Sheriff Baca was elected Sheriff Of Los Angeles County inDecember 1998, and was re-elected in 2010 for his fourth term in office. Executive arganhat,flan Chart UNDERSHERIFF Paul K.Tanaka ASSIST WIT SHERIFF Marvin O. Cavanugh DETECTIVE DIVISION Chief William J. McSweeney FIELD OPERATONS REGION I Chief Jacques A. LaBerge FIELD OPERATONS REGION If Chief James R. Lopez FIELD OPERATONS REGION III Chief Thomas M. Laing -------- ---- Homeland Security Division Chief Michael Grossman ADMINISTRATIVE SERVICES DIVISION Divison Director Victor C. Rampulla Los Angeles County ASSIST MIT SHERIFF Cecil W. Rhambo Section I , 55 COURT SERVICES DIVISION Chief Richard J. Barrantes CUSTODY DIVISION Chief Alexander R. Yim LEADERSHIP AND TRANINING DIVISION Chief Roberta A. Abner TECHINICAL. SERVICES DIVISION Chief David R. Betkey " �� =�&�� S8ct'oH l Sheriff �� 0=�� 0 0 0m�� Q� � The Los Angeles County Sheriff's Department is the largest sheriff's department iD the United States with a budget Of over $2.G billion, and nearly 18'0OO sworn and professional staff. ~ The Sheriff's Department is the \@VV enforcement services provider for 42 incorporated cities, It 30 unincorporated communities, 10 community colleges, and over one million daily commuters 8fthe Metropolitan Transportation Authority and M8tn3|i0k. Currently, over 4 [Di||iOO people are directly protected by the Sheriff's Department. The Sheriff's Department also provides law enforcement services and security to 42 Superior Courts and GOO bench officers. Moreover, the Department manages the nation's largest local jail system with a housing capacity of nearly 20,000 inmates. The Sheriff's Department is comprised 0f1U divisions. Each Of these divisions offers support to both the unincorporated County area as well as the cities which contract with the Sheriff's Department. The Sheriff's Department's patrol services are divided among three Field Operations Regions. The proposed Baldwin Park Sheriff's Station would be part of Region I 11. Field Operations R Region I consists of Altadena Station, Crescenta Valley Station (La Canada Flintridge), Lancaster Station, Lost Hills Station A\uOU[@ HU|S' C8|8b8S8S, Hidden Hills, Malibu, and Westlake Village), Palmdale Station, Santa Clarita Station, and Temple Station (Bradbury, Duarte, Rosemead, Temple City and South E]MQ»te\. Sheriff's De a=tme t overv,mrp:�-'110 Section K 7 Field Qperatiqna_R�t� Region U consists of Avalon Station, Carson St@toO, Century Station \' Compton Station, South Los Angeles Station (Lawndale), Lomita Station (Rancho Palos Verdes, Rolling Hills, Rolling Hills Estates, Lomita), Marina Del Rey Station, and the West Hollywood Station. Field Operations Rggign III Region III currently consists Of Industry Station (City Of Industry, � L8 Habra Heights, L8 PU8Dt8\, Cerritos Station, East Los Angeles Station (Maywood, Cudahy, CoD1018rcn)' Lakewood Station /LGkSVVOOd' Artesia, Bellflower, Hawaiian Gardens, P8rRDlOUnh,Norwalk Station (Norwalk, La Mirada), Pico Rivera Station, and San Dimas Station, Walnut Station (Walnut, Diamond Bar). Administrative Services Division The Administrative Services Division is RnSpOOSib|m for the 0V9[8U administrative, fiSC@[ and human resources elements Of the Sheriff's Department. This Division iS comprised 0f Personnel Administration, Facilities Planning Bureau, Facilities Services Bureau, and Financial Programs Bureau. The Detective Division is [GapODSib|e for specialized detective functions within the County. This Division is CODlphSed of Commercial Ch[neS BUF88U, Homicide BUrg8U. Major Crimes Bureau, Narcotics Bureau, Special Victims Bureau, and the Taskforce for Regional Auto Theft Prevention (TRAP) Homeland Security_g1y!a!2n The Homeland Security Division ks@ unique Division encompassing countywide routine and emergency support services. This Division is comprised ofAenJ Bureau, Contract Law Enforcement Bureau, Community Colleges Bureau, County Services Bureau, Emergency Operations Bureau, Reserve Forces Bureau, Special Enforcement Bureau, Transit Services Bureau, and K4etr]li0kBureau. �=��"° �� k�� Section, � ��}� �� =�� V K��N U� The Leadership and Training Division ensures training and professional standards for all personnel throughout the Sheriff's Department. This Division iS comprised Of the Bureau of Labor Relations and COMDliance, Internal Affairs Bureau, Professional Development Bureau, Custody Division provides security and housing for nearly 20,000 inmates housed throughout the 8 jail facilities iO the County. This [JkviSiOO also iDC(UdeS K49diC8| 8enviC8S BUngGU, UGC Medical Jail Ward, and Custody Support Services. Court Services Division Court Services Divisions iS separated into three bureaus: Central, East, and West. These bureaus provide security for all 43 Superior courts located throughout Los Angeles County. Technical Services Division ' Technical Services Division provides highly specialized SUp, ' for the Department. Besides overseeing the Regional Crime Lab, this Division includes Communication and Fleet Management Bureau, Data Systems Bureau, Records and Identification Bureau, Crime Assessment Center and Scientific Services Bureau. Public T rust POHMOCOHng programs Section K 9 Public trust policing is the use of police resources in a manner that includes the public's participation in the mission OfpUb|io safety. The purpose Of public trust policing is to provide @ higher level Of public safety tocommunities. |tiS incumbent upon law enforcement b] recognize that without the fU|{faith and cooperation Ofthe public, the mission of public safety ia severely impaired. The process of public trust policing involves moving from what was generally known as a closed system tOGOiOdUS' 'eOdOp8OnvstaDlOfpUNiCp8rhSip8tioniOth8pUb|iCSofetv ODiSSiOD. The CF9@1iv8 planning of public participation and pnJQn8[DS that build public trust is the responsibility Uf the public safety service. The following programs are examples Of how the public lends their helping hands, eyes, and ears to partner with the Los Angeles County Sheriff's Department to enhance public safety. Community Law Enforcement Partnership-ELqqram The Community Law Enforcement Partnership Program (C1EPP) organizes community groups and programs to fight gangs, drugs and violence, iD addition tU providing support t8 stations through the Volunteers OD P8tn}| p[Ogc3Dl. It also assists in p|8OOiDg and executing special events, such 8S sheriff's station Q[8Dd openings, town hall meetings, and Neighborhood Watch ` On8eUDgS. Success Through Awareness and Resistance (STAR Since 1S85, deputies |O the STAR Unit have helped teach drug, gang, and violence prevention to more than 1UO.00O youth iO37O Los Angeles County schools each year. The program i3 geared toward grades four through seven, when drugs and gangs can become very influential. Section U Pudic T r st 0 POHOMCEHng MrOMWOMS Community Academies These programs are specifically deSignedtO educate community members oDlaw enforcement's role. For 13 weeks, they attend classes which focus OO topics such aS ChOliO@| |8xY fi[88[[Oa' |Otg[D@| investigations, patrol procedures and g8ngenforcement. They observe deputies OO patrol and tour the Weapons Training Center, Emergency Operations Bureau, and 8 custody facility. Community Advisory Committees These councils act aa liaisons between sheriff's stations and the communities they serve. - [heyCODSistOfnneOObS[G G8|8Cted who best represent thm diversity Of the area. They ' provide �i[SCt �DpUthDrn th� pUb|�C [Bg8ndiOg local issues and assist iD the development Of programs suited tO their communities. Business Watch Pro The Business Watch Program iS designed hDaSSistbQsinwsSOVvO8rsVVithp their property, employees and customers. Business owners receive important information by fax, email or social media on any crimes that could affect their business, or that occur in their immediate 8n8@. |DfOrU8diOD would be GV8i|ab|o about the suspects, their methods of operation, and more importantly, how to avoid being victimized. ` P bK" c Trust Sect'og I P Programs ~ Community-Oriented Policing Services (COE§jj�-Ureau Deputies are assigned t0e8Ch8t8tioD038tteDdNo' hbO[hUOdVVatohDle8bDgS8OdCVndU[t dOOr-tO-doO[ surveys h} determine the community's needs in terms 0fqU8|itv-of}ifB issues and crime prevention. The COPS Bureau also runs @A outreach program that offers social services tO the homeless iOan effort tO improve their lives. Uniformed Reserves Reserve deputy sheriffs work part time 1O supplement the Department's manpower. They are professionally trained and sworn |8w enforcement personnel. They have the s8Dl8 powers of arrest and perform general |8vV enforcement duties, including responding to o@OS. investigating crimes, and controlling traffic. Uniformed Volunteers These citizens are the eyes and ears ofthe Department iO the community. They volunteer tO perform non-hazardous patrol duties, including traffic control, searching for DliSSiDg children, and conducting residential vacation checks. Section I Public Trust H_ M 2 F(M 50H 9 P R709rams Youth Activities League (YAL) Youth Activities Leagues provide a safe, supportive haven for counseling, educational tutoring, and after-school recreational activities for youth. The program includes academic classes, computer labs, tae kwon do, dance classes, fishing, overnight camping, cultural trips, basketball, and soap- box derbies. These programs provide youth an alternative to gangs and drugs. �� K" Trust ��HK0�Q�� 0 ��K�� Sect'o8 i ��. o�� s��. �� —��'��'�� — � ��'�� l�� 0 3 Office of Independent Review The Office of Independent Review K]|RA. staffed by mix civil rights attorneys, monitors all 0irniO8| and internal affairs iOV8S1g3tiODS from start to finish. Its g0@| is to oOSUne acCUnaCy, objectivity, fairness, and compliance with the disciplinary standards of the Department. Based upon its independent viewpoint, OIR may recommend policy and procedure changes to Department management. The Sheriff's Department als6 works with an independent ombudsman, who responds to the � pUb|i[/S C0[np|8\OtS regarding the quality O[status Of any complaint inquiry. This backup . process ensures that all public initiated grievances are heard and explained to the fullest extent possible. / BALDWIN P � A R, - 1� The Cit of Badidwin PaiHvc Baldwin Park City Council Baldwin Park Community Profile Baldwin Park Police Station Baldwin Park Police Personnel and Budget Baldwin Park Police Staffing Baldwin Park Sworn Field Deployment Baldwin Park Statistical Data Baldwin Park Crime Statistics Baldwin Park Traffic Statistics Crime Summary Comparison Law Enforcement Cost Per Capita Is H 1111 19 ffil M 22 23 M 2"5 5 26 Se Cti on 11 BaNwin Park, n H 6 Y nc C'q Qom'd The five members of the City Council appoint the Chief Executive Officer to function as the Chief Administrator of the City. The City Council sets the policy direction for the City, incorporating public input received directly from local citizens and several Council-appointed city commissions. The Chief Executive Officer is charged with implementing City Council directions, keeping the City Council informed of City operations, preparing the annual budget and coordinating department activities. Manuel Lozano Mayor Susan Rubio Mayor Pro— T em Marse n Garcia Monica Garcia Ricardo Pacheco Council Member Council Member Council Member Baldwin Park Communfty Prof 'He Section 11 � 7 On January 25, 1956, Baldwin Park became the 47th incorporated city in the State of California. In 2010, the population density was 11,1103 per square mile with a racial mixture of Hispanic, White, African-American, Native American, Asian, and Pacific Islander. Education, Health Care, and Social Services 6,117 19.7% Manufacturing 5,859 18.9% Retail Trade 3,004 9.7% Waste Management Services 2,751 8.9% [Arts, Entertainment, Recreation 2,552 L1.20/.__j Construction 2,296 7.4% Other 2,071 6.7% Transportation and Warehousing, and Utilities 2,040 6.6% Wholesale Trade 1,534 4.9% Finance, Insurance, and Real Estate 1,148 3.7% Public Transportation 908 2.9% Information 507 1.6% Agriculture, Forestry, Fishing, and Mining 241 0.8% Production, Transportation, and Material 7,910 25.5% Sales and Office 7,609 24.5% Service 6,248 20.1% Management, Business, Science and Arts 5,654 18.3% Natural Resources, Construction, and Maintenance T 1 3,607 11.6% Total Baldwin Park Employment 31,028 1 00% Source: 2010 US Census and the City of Baldwin Park. I I Section 11 Boddwin Park Q) I Baldwin Park Police Statiov 14403 Pacific Avenue Baldwin Park, CA 91706 (626) 960-1955 The Baldwin Park Police Department has a full service police department with a station located at the Baldwin Park Civic Center. The station is open to the public from 7:30 AM to 7:00 PM, Sunday - Saturday. It has a functioning Type I jail with 16 beds and a communications center with dispatching capabilities located within the station. Baldwin Park Police Budget and PersonneH S e c t i o n II � 9 ud et The City of Baldwin Park's General Fund Appropriations proposed budget for FY 2012-13 is $23,535,900. The Police Department proposed budget for FY 2012-13 is $18,376,570, which relates to 78% of the City's FY 2012 -13 General Fund Appropriations. it should be noted the city anticipates receiving $1,454,000 in Federal and State asset forfeiture and grant funds, which will reduce the overall law enforcement expense percentage to 69% of the general fund. Budgeted Personnel, As of July, 2012, the Police Department had 77 full-time sworn positions and 22 full-time non-sworn positions budgeted. The sworn positions include 1 Police Chief, 1 Captain, 4 Lieutenants, 10 Sergeants, 14 Detectives, 42 Patrol Officers, and 5 Traffic Officers. The non-sworn positions include 1 Executive Secretary, I Dispatch Supervisor, 9 Dispatchers, 1 Records Supervisor, 7 Records Specialists, 1 Lab Technician, 1 Parking Enforcement Officer, and 1 Community Service Officer. �� =� " Park �� " ��^�M U� ��N� �� =p��U�ce ��C20 Staf ' The currently assigned sworn and non-sworn positions, 8SOf July 2O12, for the Baldwin Park � � Police Department are outlined below. This information was taken from the 2O12/3Fiscal Year proposed budget and deployment data provided by the Baldwin Park Police Department. � Baldwin Park Police Department personnel are separated into the following Burbaus: � Administration, Patrol, COQOrnUDic@donS. Records, /OVeStiQ8UOnS' Jail, and Emergency The Department's minimum deployment for patrol is1watch commander, 1field sergeant, ' and 5 0ffi08[S for days Or 8 officers for nights. There are currently 30 OffiC8rS assigned to / provide field patrol service hours. Support positions, supervisors, administrative duties, � | p8FGOOO8| V8h8OC88 k/8C8tiOO bOOe' compensatory time, 8id{ C@|l-iDS' injuries, F8[Mik/ K48diC8| | Leave Act), and training days all need to be taken into account to determine the actual number � The following deployment represents the total number of sworn and non-sworn police � pBr8OOOgi Baldwin Pad( Police currently has 1 lieutenant and 8 police officer vacancies, which are not listed below. Police Chief MAN 1 Executive Secretary 1 Captain Lieutenants 1 Dispatch Supervisor 3 Dispatchers I 9 Sergeants 10 Records Supervisor I Detectives 14 Records Specialist 7 Patrol Officer 36 Laboratory Technician Traffic Officers 3 Parking Enforcement Officer 1 Community Service Officer 1 Total Regular Sworn 68 Total Non-Sworn =22= Baldwin Park Sworn Dead DePHOYMent Section 11 2� The Baldwin Park Police Department operates on two 12.5 hour shifts per day, seven days a week, "Day" shift operates from 0600 hours to 1830 hours. "Night' shift operates 1800 hours to 0630 hours. Below is an average daily deployment based upon actual data for the month of July, 2012. Sergeant deployment covers individuals working as a field sergeant (watch commander duties are not considered field deployment). §=3' Ud " Park Se cti on 11 � � �� Data �� The following pages represent the crime, traffic and arrest statistics reported by the Baldwin Park Police [}ep8rtOleDtf[OOO20O7 through 2O11. These statistics were reviewed and analyzed by the Los Angeles County Sheriff's Department in the preparation of this proposal. &C[iDle rate COOlpB[iSUO 'table is also included in this section of the report, The Sheriff's Department tabulates its crimes by Uniform Crime Reporting standards. The tables ORthe upcoming pages use crime statistics obtained from both the FBI and the California Department of Justice. The crime rate comparison table depicts city crime rate comparisons between the City Of Baldwin Park, various contract cities policed by the Los Angeles County Sheriff's Department, and neighboring independent cities located adjacent tO Baldwin Park. The contract cities iDC|UdGd in the comparison were chosen tU match 8 pOpU/EtiOO between 50,000 and 100.000. Factors contributing 0o crime are numerous and vary from place hQplace. Readers are cautioned against drawing conclusions from direct comparisons of crime rates between individual communities of similar populations and size. 1 .1 Baldwin Park C WED M S t t M St MCS section 11 23 Listed below is the total number of Part I Crimes and Arrests handled by Baldwin Park Police Department personnel from calendar year 2007 thru 2011. The complete 2012 crime statistics will not be available until mid 2013. Reported Part I Crimes Section I I E'O----- - - ac, � d w i n Par k 2 ) A 'Twaffk� Stat'st' H 0 MR Listed below is the total number of Traffic Bureau incidents handled by Baldwin Park Police Department personnel from 2007 thru 2011. t M Crime Summary Cora' ' S 0 n SHERIFF'S DEPARTMENT CONTRACT CITIES Section 11 25 CRIME RATES OF CONTRACT CITIES (PART 1 CRIMES) 104 um Population 75,390 76,616 91,714 62,942 69,772 Murder or Non-negligent 2 1 6 2 4 Manslaughter Rape 8 24 12 15 14 Robbery 102 176 130 97 271 Assault 141 214 351 133 326 Burglary 306 413 441 235 392 Larceny 940 906 1421 989 442 GTA 506 457 464 329 494 :1 ■ INDEPENDENT CITIES me Statistics and populations obtained from 2010 US Department of Justice Federal Bureau of Investigations. Section II Law Enforcement Cost 1 �9 %`c PvF cop' Cities in Los Angeles County with a Population between 50,000 and 100,000 'Comparative information used from 2011-2012 budgets as all 2012-2013 budgets were not yet available. 2popUlation obtained from 2010 US Department of Justice Federal Bureau of Investigations. 3 The City of Santa Fe Springs (Pop. 16,223) Contracts for Policing services with Whittier PD. If including Santa Fe Springs the Per Capita Cost is $277.91. R, 0 Contract--ing w�itch the Sheriff's Department- Introduction 0 ConwaWng 30 Benefits t® Contracting 32 LoW Control and Wenfi�y Service Recipients Reports hidepandent Reports and Audits SheFib's Department Coma Sevoces Condact Rates Contract Rate components Deputy Shviff Service Unk SOVACO Unk Component 33 37 39 42 43 44 45 N � =,�" � S8C1^Qn I|U N��r��NQ��Q�� No r�� Qgimt ��N�H,�� Phase I This Phase I study provides a preliminary assessment of annual costs for contract law eDfO[Cer0eOt services for the City of Baldwin Park, based OO a-comparative aenjQe level. It is not restrictive and can be further adapted tO meet specific community needs and desires. This pnDpO58l is designed tQ give the City OfBaldwin Park 8UffiCiBDt infVrOO@tiOD t0 estimate their annual operating expenditures, as well as the type of services to be received if contracted with the Los Angeles County Sheriff's Department. Personnel, facility, and equipment issues are not discussed iD this report because Of time and resource constraints. Phase IL§judy After the Phase I study has been reviewed by the City, Council Members may wish to explore the feasibility Of8 contract arrangement iD greater depth. The next step would he8Phase 11 study in which a detailed assessment of facilities, equipment, and personnel is conducted to determine potential one time start-up COGtS and the impact on City personnel who would be affected by8 potential merger. The Phase || study would iOC|Ude,8 detailed assessment Of ' such areas as: MEIVINIRM This assessment would take aDestimated 3-6 months h]conduct. The results Dfthe Phase 11 study can then be utilized by Council Members to make an informed decision regarding the 8V8i|@b|g @ltS[D8tkxeG for [DUniCip8| pO|iC@ services. 8h0U|d the City SUbSgqUentk/ elect to begin a contract relationship, the necessary contracts are signed and the transition of services U � ~� °��" � U��0 ��0 �D �� H 0�� uK U�� m��~��Un��U U �*�p cantwact'Ung Section I 1 3 � Should the City of Baldwin Park elect to request a Phase Ustudy, it is recommended that the Baldwin Park Police Department provide a person, preferably at the management level, to assist with the Phase || study and serve as direct liaison with the Sheriff's Department. A nominal charge is assessed with this phase to cover Sheriff's Personnel staff hours worked, 8D the report and any medical examinations for prospective merger candidates. The Phase Ustudy can b3requested by.SeOding8letter to William T.F 'ioka.Chief Executive Officer Of Los Angeles ' COUntv'Kenneth Hahn Hall Of Administration, 5OOWest Temple Street, Los Angeles, California, 90012. A copy ofthis letter should b8 sent tO Sheriff Baca as well at 4700 Ramona Boulevard, Monterey Park, California 91754. Provisions iO State Law and the Charter of the County allow for the transfer and merger of municipal employees, peace officers, and municipal operations, into County Government. The transfer Of K4UOinip8| Police Department employees into the Sheriff's Department must be accomplished by the terms and conditions of a merger agreement. Should the city elect to contract for law enforcement services with the Sheriff's Department, UleF6bv merging the Baldwin Pod{ PO|iC8 Department p8[SonD8| into the County work force, every effort would be made to fairly and objectively transfer each affected City employee into County service. K4UOkcip8( 8Dlpkoveey may be transferred into County s8n/ic8. pursuant to Los Angeles County Charter Section 56 3/4, according to various prerequisite factors including (but not limited to) naDh' salary level, t8DUne. experience, training, and the range Ofduties performed. No independent forecast of the outcome of any individual's appointment may be made until a Phase U study igconcluded. �� ^� � Section }Y; �=�BKs of e�� ^� The Los Angeles County Sheriff's Department has been providing contract law enforcement services longer than 8Oyl8Vv enforcement agency iO the nation. The Sheriff's Department pioneered the contract law enforcement movement when the City of Lakewood incorporated in 1954. Faced with the burdensome costs and public indebtedness needed to finance its own police department, Lakewood looked for 8method to provide law enforcement services a18 reduced cost. Lakewood officials and the Sheriff's Department formulated the first Contract Law Enforcement Program. Since that time, 42Uf the county's 88 cities have adopted the Sheriffs Department's Contract Law Enforcement Program. One of the most common questions asked by city officials when considering the contract kaVV enforcement option is, "What are the b8DefitS?" The answer, iO short, iSefficient service with significant savings while retaining local control. Many cities in Los Angeles County have adopted a contract-based approach to providing City services. Instead of forming their own police 0[fire departments they contract with the County ' Qf Los Angeles for those services. This approach, often called the "Lakewood Plan" after the first City to adopt it, has resulted in Los Angeles County serving as a major provider of municipal services. The fO|k]VVOg information dgSC[b8S 'USt some of the benefits Of contracting for kaVY enforcement services, and is derived from independent studies, audits, and investigations, as well as the observations of contract service recipients, both collectively and individually- Q H � Q U ��0 � '��N�\��N ��m�r��o *�� W�� v and Hdent'Ky Section f1| 33 The issue of local control and identity is common among all communities. The Sheriff's Department recognizes that -each community is unique, with differing priorities, concerns, and So|UtiOOo. Station C ommanders confer with City officials regularly to ensure optimum S8Uef8Cti0O with the quality ofservices provided by the Sheriff's Department. VVhi|8 City officials are relieved of the burden of managing day-to-day policing operations, the Station Commander and City officials work together to identify goals and programs that create a safer community and strengthen the public's faith in its |OC8| gOve[DDleOL Each contracting {|itv. while sharing many common needs with its neighboring Cities, is thereby recognized as a unique community. Our Contract Cities often utilize distinctive logos on their dedicated Sheriff's cars which reflect the uniqueness of their community. The following pictures are but a few examples of those community based cars. C-21 rFG-7) Section III o(a,.rvice CALIFORNIA CONTRACT CITIES In May 2000, members of the California Contract Cities Association prepared a document entitled "The Contract City Model: Right for California" in response to a report issued by the California State Controller's Office regarding revenue allocation. T his document provides ;Information which shows that the Contract City Model is a cost effective, efficient, and successful form of municipal government. It has long been a maxim in local government that contracting for law enforcement or fire service from the county provides a more cost effective method of meeting the needs of the public. In many cases, this also provides a higher /eve/ of service. For this reason, almost every new city created in the State of California in the past 50 years has been a contract city, taking advantage of the vast and huge resources of a county sheriffs department and tailoring those resources to meet the needs of each individual city or community. The contract city model offers tremendous flexibility in meeting the changing needs of a community. This model also provides the best method of responding to difficult times such as economic downturns. A contract city is able to meet changes in service demands quickly and efficiently. This flexibility makes contract cities much more cost effective and responsive to residents' needs. Law enforcement is usually every city's top priority and is the most costly municipal service. Contracting for law enforcement with regional agencies like the Los Angeles County Sheriffs Department is extremely cost effective and offers cities a wide array of crime fighting tools. By contracting, small cities are able to tap into existing and vast resources without busting their budgets. A recent study showed that the per capita cost of law enforcement services is significantly lower with contract cities compared to independent cities. rircn Section IIICQ ji J� H CALIFORNIA CONTRACT CITIES In May 2000, members of the California Contract Cities Association prepared a document entitled "The Contract City Model: Right for California" in response to a report issued by the California State Controller's Office regarding revenue allocation. This document provides information which shows that the Contract City Model is a cost effective, efficient, and successful form of municipal government. It has long been a maxim in local government that contracting for law enforcement or fire service from the county provides a more cost effective method of meeting the needs of the public. In many cases, this also provides a higher /eve/ of service. For this reason, almost every new city created in the State of California in the past 50 years has been a contract city, taking advantage of the vast and huge resources of a county sheriffs department and tailoring those resources to meet the needs of each individual city or community. The contract city model offers tremendous flexibility in meeting the changing needs of a community. This model also provides the best method of responding to difficult times such as economic downturns. A contract city is able to meet changes in service demands quickly and efficiently. This flexibility makes contract cities much more cost effective and responsive to residents' needs. Law enforcement is usually every city's top priority and is the most costly municipal service. Contracting for law enforcement with regional agencies like the Los Angeles County Sheriffs Department is extremely cost effective 'and offers cities a wide array of crime fighting tools. By contracting, small cities are able to tap into existing and vast resources without busting their budgets. A recent study showed that the per capita cost of law enforcement services is significantly lower with contract cities compared to independent cities. ➢ Ej M, POHH(mrmg Proalrams Section I I I 3 t')) 3' tE, By being innovative and accommodating, the L.A. County Sheriffs Department has made it possible for many cities to have the best of both worlds—a first rate and cost effective police force that's also highly accessible and accountable to residents. r- J-3 . 1 - a S e c t i o n I I I Z ('� 33 If � V C (89 F I (SEE", C I P I (e If 1, r It is readily apparent that certain significant benefits regarding contract law enforcement are .commonly mentioned throughout these various reports. Contract law enforcement provides efficient service: "...an efficient means...most efficient al location... flexibility... wider range of specialty services... specialized resources... greater flexibility.. maintenance of quality .. a first rate police force... no police unions... no personnel issues... no labor negotiations.., no contentious police-related political issues..." Contract law enforcement is cost effective: ".Jess cost... pay less... lower cost... cost effective... cost differences are significant... cost of law enforcement services is significantly lower... economical... less expensive... significant cost savings... economies of scale..." Contract law enforcement provides local control: "...local cootroL.. responsive to resident's needs... highly accessible and accountable to residents ... a positive relationship..." �ndependent Section I I I Repowts and Audha 37 In January 2000, the San Francisco based Public Policy Institute of California (PPIC) issued a report entitled Risky Business: Providing Local Public Services in Los Angeles County. Part of the purpose for this report was to evaluate the county's role as a municipal service provider. PPIC's analysis determined that: "...the 'contract city' is an efficient means of providing municipal services at both the county and city level, and offers one model for local governments working closely together to provide local services." "..at both the county and contract city level, those we interviewed resoundingly felt that the contract city model resulted in the most efficient allocation of services and was a positive relationship for both sides." The Orange County Register ran a series of periodic reports on how local governments spend tax dollars. One of those reports, published in November 1999, entitled "What cops cost: Some cities provide police services by contracting out. Are they getting their money's worth?' examined the use of contract municipal police services through the county sheriff. Although this report focused on a comparison of the Orange County Sheriff's Department with that county's independent police agencies, the issues and benefits of contract law enforcement prove to be the same. The article states: "As an analysis of budget numbers makes clear, cities that contract with the sheriff's department generally pay less to police their communities than cities that run their own departments." "Another advantage: City councils and mayors no longer have to deal with police unions and contentious police-related political issues... passing the buck to the county frees up time for cities to deal with more fundamental governance issues, and it keeps the local cops from becoming too much of a political player." "...the advantages and disadvantages of contracting police services with the sheriffs department should be discussed... those that are willing to consider a switch might find themselves with more cops on the street — and more money that can be spent on other priorities." Section ill Mdependeent 38 IND[Porrft an4 In February 2011, Sage Publications published a report in the Police Quarterly entitled "Municipal Contracting With County Sheriff's for Police Services in California: Comparison of Cost" and Effectiveness." The report says, "Interest in contracting has become more attractive as policing has become more expensive and complex, making operation of a small city police department a financial and organizational burden." "The National Sheriffs Association devotes a portion of its website to the topic, and the Los Angeles County Sheriffs Office that serves as a consultant and clearinghouse on contracting information reports many more inquiries from within California and from other states (Mouwen 2010)." "Deacon's (1979) analysis of 64 cities in Los Angeles County, one third of which were contract cities, found the costs of policing in the contract cities was 58% of those in cities with their own departments, a saving that he attributed to economies of scale and competition on the supply side." The article concludes with answers to questions posed at the outset of the research. "What do the fiscal data show about the relative cost of small to moderate sized cities (population ( <170,000) operating their own police departments or contracting with their county sheriff ?" "With the possible exception of Riverside County, those cities that contract with their county sheriff, on average, spend far less per capita on police services than those cities that operate their own police departments. Economies of scale may exist in contract cities but are not apparent in department cities." �� °J�� ~�~KN��UN �� v��u u��8 Vmu �� CaDntwo(A sawAnces Se Cƒ'UO 11 39 As stated in Section 1, the proposed Baldwin Park Sheriff's Station would be part of Region III, which currently COOSistS Of Cerritos Station, East LOS Angeles Station (WY8yVVOOd' Cudahy, Commerce), Industry Station (City of Industry, La Habra Heights, La Puente), Lakewood Station (Lakewood, P@ranlOUDt Artesia, Be||f|QvVer, Hawaiian Gardens), Norwalk Station (Norwalk, Le Mirada), Pico Rivera Station, San DiDO@S Station, and Walnut Station OA/a|DVt. Detectives assigned to Ba`�O Park Sheriff's Station will investigate koca|p0p6rty crimes and crimes against persons. The Sheriff's Department's centralized Detective Division, comprising a variety of specialty units, supplements station detective activities, and investigates certain specific crimes including homicide, fraud, narcotics and vice. Baldwin Park Sheriff's Station would be managed by a Service Area Lieutenant. The Service Area Lieutenant would fall under the command of the Industry Sheriff Station Captain. Acting OO behalf 0f the Sheriff, and ad the direction Of the Captain, the Service Area Lieutenant will rO8iOt8iO a close working relationship with Baldwin Park city officials. |tistheir responsibility to ensure that the needs and expectations brought forth by Baldwin Park city officials are addressed, and that 8 superior level Of service iSprovided. Other support services are readily available from nearby field operations stations and from specialized divisions. Uniform operating pPOcedUnaS. nnDlDOoO [8diofneOUeDCi8a and @ unified command structure enable the Sheriff's Department hO function 8S8 highly efficient law enforcement agency when handling local emergencies and countywide disasters. Contract cities benefit in many ways from their relationship with the Sheriff's Department. The fO||OVvngare examples Of additional services and benefits which are provided tOthe Department's Contract Cities at no additional charge. °J�� Se ct'0n U|i D� �� QOH�Vgq�' q� "� � �� El aerlvn(K�(@z Staffing Flexibility The Sheriff's Department not only benefits from economy of scale, but staffing flexibility as well. Staffing changes can be promptly implemented without concern for potential hiring nee-u's or layoffs. This allows the City to effect changes in service levels in a prompt and seamless fashion. Supervision Supervision (field and watch sergeants, detectives, station administration) is included in the service rates. Supplemental or dedicated supervision may be purchased for specific duties exclusive to the City. Administrative Sypport Administrative support (OaOageDl8Ot' supervision, clerical, communications, technical services, etc.) is included in the cost for service. Relief Personnel Personnel necessary tOprovide coverage fo[v8Cot0D.Gid(C8U-iOS^VVO[k[8|8t8dinjuries, and elective leave absences are included in the cost for service (excluding non-relieved positions). Overtime Routine 0V8rUDle, including court appearances, late arrests /calls, absences (relieved p0Sib0OS\, etc. are included in the cost for service. Special event overtime must be specifically requested from the city based above and beyond purchased service hours and is billed separately. Helicopter Service The Sheriff's Department provides emergency helicopter service, including rescue helicopter services, @tnn additional charge tO the recipient cities. /f@ city requests routine service 0[ p8tnO| tinle, it is billed at an hQUF|y rate, according t0 "time over scene." �= " K�� mn��UU&H �� Section III Lill Personnel Selection The Sheriff's Department is responsible for the selection and assignment of personnel assigned tO law enforcement service units. However, cities are encouraged tObe involved in the selection of personnel for special GSoiQDnOeOtpositions. If the City feels 'that any personnel may not be suited for @ particular assignment, the Captain O[Se[ViCe/\[ea Lieutenant may be consulted and, when practical, personnel can be reassigned. Liabilit . Liability is included in the |@VV��DfO[CeDleOt SHrVkc8 unit rate with those funds being transferred into the Contract City Liability Trust Fund. This fund iS managed bv the Sheriff's Department's Risk Management Bureau and County Counsel. A Liability Trust Fund Oversight Committee, consisting Of representatives from V8[i0US contract cities, serves to review all C|GinlS and |8VVSUitS 8[iSiDQ from Sheriff COnt[8Ct city services. Selection of the members to that Committee iS made by the contract cities. All liability costs and coverage iS included inthe service rates. Overheads Cost for service includes the following components: Salaries (assigned pe[oUOD8|..relief p9[SODOS[ Ol8O@g8[D8Dt' supervision, detectives, clerical /oki|i8D) and ny|8t8d Benefits /[etne[neDt' medical and retiree nl8diC@|\' Overtime (SVVO[O and CiViiiaD)' /\U0o (vehicle maintenance and n8p|@C9[DeDt)' 8erViC8S 8^Supplies, Department Support Costs, and G8Oen@| County Overhead. Grant Personnel and P[2gLams The Sheriff's Department actively participates in V8rkoUS state and federal grant programs. The Department currently has more than 35 grant—funded positions deployed in various contract cities. The Sheriff's Department actively seeks, iO conjunction withCitieo.D8vVQ[oDt funding sources and opportunities which serve to benefit cities and their law enforcement �� S e c t i o n I I I Ad" r"? Rafts Contract rates are developed by the Los Angeles County Auditor-Controller's Office pursuant to Section 51350 of the California Government Code (commonly referred to as the "Gonsalves Bill"). Section 51350 governs what can, and cannot, be charged through contract rates. It WITSTIMMM A county which provides services through its appropriate departments, boards, commissions, officers or employees, to any city pursuant to contract or as authorized by law, shall charge the city all those costs which are incurred in providing the services so contracted or authorized. A county shall not charge a city contracting for a particular service, either as a direct or an indirect overhead charge, any portion of those costs which are attributable to services made available to all portions of the county, as determined by resolution of the board of supervisors, or which are general overhead costs of operation of the county government. General overhead costs, for the purpose of this section, are those costs which a county would incur regardless of whether or not it provided a service under contract to a city. Rates are determined annually by the Auditor-Controller's Accounting Division and are generally finalized by April prior to the new fiscal year, allowing the City to utilize this information in the preparation of the City's new fiscal year budget. These rates remain in effect for the entire fiscal year and do not change, despite any possible changes in cost to the Sheriff's Department. The only impact on billing would result from any increase or decrease in the service level requested by the city as part of their policing strategy. These service level changes can only take effect with the approval of the City. Contract law enforcement service unit rates are the same for all contract cities. 0 1 ( Rj) ai - . rIII..'o n t r a \e Section I I I A ( " �) � J,5" The following components are included in the Sheriff's Department contract service rates for Fiscal Year 2012 / 2013: Salaries (sworn) 38.33% Overhead Salaries (sworn & non-sworn) 18.30% Employee Benefits (sworn & non-sworn) I Overtime 1 .80% Department Support 6.72% Contract Law Enforcement Bureau .75% I Total 1 100% SeC1'o0 |1| Deputy S= e riff 44 M vwoca UnK TO fully UDde[SteDd this staffing p[opOS8[ it is important to UOde[StoDd the method Of contract staffing utilized bv the Sheriff's Department. The Sheriff's Department generally does not contract for 8 specific number ofpersonnel. Instead, the Department contracts for 8 specific level of service known 85 service hours. The necessary number of personnel ia then provided to ensure that the service level i8 properly maintained. Throughout the year, City employees take vacations, sick time, compensatory and elective leave, typically causing 8 staffing shortage iD their absence. \O comparison, the absence Uf@Sheriff's Department employee does not impact the level Of service 8GVYS are contractually obligated bz meet that designated service level, regardless Of the staffing 8t the station. These obligations are met as part of the basic service COSi' without additional CUSt to the City. This guarantees the City will receive the service level it has requested and is paying for, without interruption. The average Sheriff's Department sworn employee works approximately 224 days annually when considering regular days off, Vacation time, sick time and elective leave time. For municipal police agencies, this means there iS nobody &2 replace the officer during his/her absence, unless overtime is expended, thereby resulting in a fluctuating service level. The Sheriff's Department utilizes the "Deputy Sheriff Service Unit" (DSSU) for its contract services. /\DGSUiS not just 8 deputy sheriff but the relief personnel, supervision, management, equipment and logistics, vehicle and fuel, clerical, administrative support and supplies necessary to provide law enforcement service for the designated period of time. This eliminates the City's need to line item budget all the personnel and service expenditures for their police department. AS the City increases O[ decreases service levels, it only pays for the proportionate amount of "overhead" services required by the agreed Up0D staffing level. e r v i c e U n it s Components Section I 11 45 The following items are included in the cost of the Deputy Sheriff Service Units. No additional charges are incurred by the city unless specifically contracted. These are overhead items which act as support to the Service Unit. The following is an example of the number of annual days of service provided by the Deputy Sheriff Service Unit (DSSU) when compared to the standard police officer deployment process. Baldwin Park Police Officer (12.5 hour shift) 143 days (approx.) DSSU (no relief, 8 hour shift) 224 days (approx.) DSSU (40 hour/relief, 8 hour shift) 261 days required by contract DSSU (56 hour, 7 days x 8 hour days) 365 days required by "contract The standard 56 hour DSSU provides a Deputy Sheriff for 8 hours each day, 7 days per week, 365 days per year. The DSSU includes all support personnel and costs. This ensures a con- sistent staffing level, unaffected by regular days off, vacation absences, injury or illness ab- sences, or elective time off. Because the City contracts for a specific level of service time, de- ployment levels remain consistent. The Sheriff's Department tracks and audits the service lev- els on a daily basis to ensure the City is receiving the requested level of service. t 1 Contract-I Proposa�] , Prorposed, Baldwin Park Sheriff Station Costs Proposed Baldwin Puk Sheriff Staffing lHatvix Proposed Baldwin G'aHt,Patr®l Deployment Enhanced Sheriff's Deed rtment Patrol Services Benefits of Proposal Proposed Baldwin Park Deployment Comparison Summary of Proposal 40 49 S 0 56 58 Proposed 0 � � -lw' Park rk Section IV The Sheriff's Department intends to deploy Baldwin Park patrol units and personnel to provide 24 -hour law enforcement coverage from the Baldwin Park Police Station. Additionally, approximately 32 deputies from local unincorporated areas (West Valinda and Bassett) will be deployed out of Baldwin o Park Sheriff's Station, acting as a force multiplier and increasing law enforcement visibility. The Baldwin Park Police Station front counter will be open during regular business hours including extended hours, seven days a week. The Baldwin Park jail facility will remain open allowing patrol units to remain within the city during booking. The following deployment cost summary includes a 4% liability insurance charge. Each LASD contract city pays 4% of their total contract costs into a Liability Trust Fund. The funds are collectively maintained and managed in a separate fund. The total deployment cost of $11,615,989 is for contracted services based on 2012 -2013 fiscal year costs. Law enforcement service costs are determined by the Los Angeles County Auditor- Controller and renewed annually. 1 There are additional Department personnel included in the Deputy Sheriff Service Unit rate. Examples include additional watch commanders, field sergeants, watch deputies, dispatchers, records staff, and evidence custodians. The Los Angeles County Sheriffs Department provides these services, as needed, and all costs are calculated in the Deputy Sheriff Service Unit rate as overhead. .��r1 �aldwen Par6�Sherafif's Staffing %otat 1'�201213Cost Baldwin P'ark�Sher�ff's Staifm�g [3etalled �� OM $11,615,969 77' 1 There are additional Department personnel included in the Deputy Sheriff Service Unit rate. Examples include additional watch commanders, field sergeants, watch deputies, dispatchers, records staff, and evidence custodians. The Los Angeles County Sheriffs Department provides these services, as needed, and all costs are calculated in the Deputy Sheriff Service Unit rate as overhead. M �`� �Pos�tion`` r �� Baldwin P'ark�Sher�ff's Staifm�g [3etalled �� , Lieutenant 2 Sergeant 6 Bonus 1 9 Deputy Sheriff 44 Professional Staff 16 1 There are additional Department personnel included in the Deputy Sheriff Service Unit rate. Examples include additional watch commanders, field sergeants, watch deputies, dispatchers, records staff, and evidence custodians. The Los Angeles County Sheriffs Department provides these services, as needed, and all costs are calculated in the Deputy Sheriff Service Unit rate as overhead. Proposed mggg NOR .-Wowvg"—A'- t' P. ra WWI WO' E d I Baldwin Park Section VI shedn" staffing 56 hour Criminal Unit 5 8 matn'll", 49 mggg NOR .-Wowvg"—A'- t' P. ra WWI WO' E d I W P wo, Man-, WafIfIMRe,,WqQffij F,_e 56 hour Criminal Unit 5 8 EM (2300 -0700) AM (0700-1500) 56 hour Criminal Unit 5 8 56 hour Traffic Unit 2 3 40 hour Motor Unit 3 3 PM (1500-2300) 56 hour Criminal Unit 7 12 56 hour Traffic Unit 2 3 PM (Tue — Sat) Non-Relief Two Deputy Crime Suppression Patrol Unit 2 2 Service Area Lieutenant 1 Supplemental 1 Units Non- Community Relations Sergeant 1 1 relieved Social Services Deputy 1 1 (May work any Special Problems Unit Sergeant I I shift) Special Problems Detective (Bonus I Deputy) 1 1 Special Problems Unit Deputies 4 4 Special Services Detective 2 2 2 2 Sheriff Station Clerks 2 2 Law Enforcement Technician 3 3 Custody Assistant 44 57 Complete Patrol Coverage �g on-mg mmgg-: Ba win tsar Shy �#f sl:lver ea,,- V Lieutenant Sergeants 4 Detectives 6 Professional Support Staff 1 9 Total 11 9 Section IV Proposed Baldwin Park 50 patraH DepHayment Hours SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 0700 0800 0900 3 e 3 3 3 3 1000 Motors Motors Motors Motors Motors 1100 1200 I Special I Special i Special I Special I Special 1300 Problems Problems Problems Problems Problems Unit Unit Unit Unit Unit Sergeant Sergeant Sergeant Sergeant Sergeant 1400 1500 1600 1 Field I Field I Field I Field I Field I Special Sergeant I Special Sergeant 1 Special Sergeant I Special Sergeant I Special Sergeant 1700 1 Field I Field Problems 7 Patrol problems 7 Patrol Problems 7 Patrol Problems 7 Patrol Problems 7 Patrol - Sergeant Sergeant Unit Units , Unit Units Unit Units Unit Units Unit Units 1800 7 Patrol 7 Patrol Detective 2 Traffic Detective 2 Traffic Detective 2 Traffic Detective 2 Traffic Detective 2 Traffic 1900 Units Units Units Units Units Units Units 2 Traffic 2 Traffic 2 Deputy 2 Deputy 2 Deputy 2Depuly 2 Deputy 2000 Units Units Crime Crime Crime Crime Crime Suppression Suppression Suppression Suppression Suppression 2100 4 Special Patrol Unit 4 Special Patrol Unit 4 Special Patrol Unit 4 Special Patrol Unit 4 Special Patrol Unit 2200 Problems Problems Problems Problems Problems Unit Unit Unit Unit Unit 2300 Deputies Deputies Deputies Deputies Deputies 2400 0100 0200 a (Flexible (Flexible (Flexible (Flexible (Flexible Schedule) Schedule) Schedule) Schedule) Schedule) 0300 0400 0600 Enhanced h " Department patiroH 361TW'HQB)6 5 N Community Relations Sercleant Emergency Coordinator ' The Community Relations Sergeant will provide assistance, support, and guidance to both the City and the Department. The sergeant will assist in public relations within the community and local area businesses. This 8nsu[ess -O0w Ofir��Ob��e��DS��and local community. This sergeant will also act as the Emergency and Disaster Coordinator at the Station in the event of an emergency. Special Problems Unit , This proposal includes the deployment Ofa Special PrUbkemSUDit(8PU).Th8GPUte8Dl would consist of a sergeant, a detective, and four deputies. This team will perform a wide variety of functions at the direction of the City or after analysis of crime trends. Areas Offocus for these deputies will include gang / parole enforcement, burglary suppression, auto thefts, and Community Oriented Policing. The exact direction will bo based upon needs Ofthe CODlDlUDity. These positions would not b8 utilized tO fill behind patrol vacancies. Crime Suppression Patrol Unit The crime suppression patrol unit will consist of two experienced deputies who will not be subject to routine calls for service. These deputies will be in the field providing self directed patrol based upon local crime trends and special requests. These deputies will also be available to respond to emergent and high priority calls while conducting self directed patrols. Special Services Detectives The Special Services Detectives will have specialized training and focus on individuals on parole and/or probation. These detectives will monitor these individuals hO ensure compliance with parole/probation, conduct compliance checks, and work with the District Attorney to gnSu[g 3 high CODViCtiOn rate for those not C8Dlp|yiDg with probation/parole. Additionally, they will partner with County Probation and State P@nO|8. ��K��^� ��~" �� Department ��^0� i� Enhanced ��U &�� n~��K Nm��0 ��U �� &=�*�"��U �U ��D �� Pstffod Oaffw' �6��.�� '� ��'�� Social Services D2Rut The Social Services Deputy will have specialized training and act as a community liaison for social programs such aS homeless, child welfare, and mental health services. |n this role, the deputy will work closely with County Social Services, City Domestic Violence Coordinator, and City personnel. Traffic Enforcement and RedfLe�� The traffic enforcement pnzgnann is coordinated through the Sheriff's Traffic Services Detail which provides traffic enforcement training to all municipal police agencies (except LAPD) throughout Los Angeles County. Unlike some municipal agencies, the Sheriff's Department's policy is to investigate and prepare traffic reports for injury 8Ad non-injury collisions. This contract includes dedicated traffic units that will focus on ensuring a safe commute for both the business and residential cnOl[OUOih/. Additionally, the Los Angeles County Sheriff's Department has experience with red light camera systems. /\S8 result, the RSdf|excamera program will continue tOb8iO operation with active management by Sheriff's Department personnel 8t the direction Of the City. Grant Funds Existing grant funds received by the city will still be available to help offset law enforcement COStS. Additionally, the Los Angeles County Sheriff's Department has access to several grants, including COPS and Homeland Security Grant funds. These funds help offset costs for personnel, training, and equipment. Access to IBM i2 COPLINK IBM i2 COPLINK organizes vast quantities of seemingly unrelated data to provide tactical, strategic and oO[nrn8Od-|8VQ| users with access to shared data in 8siOg|9' or multiple, oOnS0|id@1ed repositories. Its proven ability to qUiChk/ identify investigative leads helps agencies solve crimes faster, thereby helping to keep officers and communities safer. Enhanced Sheriffs Deparkdent Sect1 ®n A asvwHh�ea Access to Palantir The Los Angeles County Sheriff's Department uses Palantir software which allows investigators and analysts to make sense of massive amounts of disparate data. Palantir assists with technical nrnhlinmc fn help solv ism and terrorism crime. -1 � � - AILPR With shared additional costs, the City may participate in both fixed and mobile Automatic License Plate Readers (ALPR) to capture a license plate image to identify vehicles. ALPRs can record plates at about one per second at speeds of up to 100 MPH and they often utilize infrared cameras for clarity and to facilitate reading at any time of day or night. The license plate data can be processed in real time allowing deputies to quickly respond to wanted vehicles in the city. Additionally, the data collected can be used for investigative purposes. I P. 0 61 Section IV RB n of s ar 11111111111 illill'ilill 11111 -! 111111 "1 Jim 111111111 111 i" III;! A proposed 40% increase of overall patrol hours and dedicated patrol deputies, delivering greater patrol service hours compared to existing deployment. seven dom a week. Type I jail facility will remain open and be managed by Sheriffs Department personnel allowing for localized booking and increasing personnel availability. Dedicated Service Area Lieutenant providing management support and liaison to the City Council, city administration, businesses, and residents of Baldwin Park. Benc pmpos&H Enhanced specialized enforcement with an added Special Problems Unit (SPU) consisting of one sergeant, one detective and four deputies, t services detectives focusing on parole and probation violators, and a two deputy crime suppression patrol unit. M Emphasis on traffic enforcement with three motors and two 56 hour traffic units for both Days and PMs. Enhanced Sheriff's Department community relations services including a T-- r. = Full investigative support is included. Additional investigative support will be received by personnel assigned to Industry Station and Detective Division 1111're n, TVR!1111!��11��111� "m M Secti ®n IV Proposed Baldwin Park 56 MepNayment Compar'nsOn Baldwin Park Average Patrol Staffing (From Page 21) HOURS SUNDAY MONDAY TUESDAY I WEDNESDAY [ THURSDAY FRIDAY SATURDAY I I I PL 1 0900 1100 1200 1300 1400 1600 1700 1900 2000 2100 2200 0100 0200 0300 0400 0500 0600 Proposed BaMwin Park Section IV Depidoyment comparr, H80h 57 �Proposed LASO Patrol Staffing (From Page 50) Hours SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 0706 0800 0900 1000 3 Motors 3 Motors 3 Motors 3 Motors 3 Motors o 1100 r C. 1200 I Special I Special i Special I Special I Special 1300 Problems Problems Problems Problems Problems - Unit Unit Unit Unit Unit Sergeant Sergeant Sergeant Sergeant Sergeant 1400 1600 1600 1 Field i Field 1 Field I Field I Field I Special Sergeant I special Sergeant I Special Sergeant I Special Sergeant I Special Sergeant 1700 1 Field I Field Problems 7 Patrol Problems 7 Patrol Problems 7 Patrol Problems 7 Patrol Problems 7 Patrol Sergeant Sergeant Unit Units Unit Units Unit Units unit Units Unit Units 180-0 7 Patrol 7 Patrol Detective 2 Traffic Detective 2 Traffic Detective 2 Traffic Detective 2 Traffic Detective 2 Traffic 1900 Units Units Units Units Units Units Units - 2 Traffic 2 Traffic 2 Deputy 2 Deputy 2 Deputy 2 Deputy 2 Deputy 2000 Units Units Crime Crime Crime Crime Crime Suppression Suppression Suppression Suppression Suppression 2100 4 Special Patrol Unit 4 Special Patrol Unit 4 Special Patrol Unit 4 Special Patrol Unit 4 Special Patrol Unit 2200 Problems Problems Problems Problems Problems Unit Unit Unit Unit Unit 2300 v. Deputies Deputies Deputies Deputies Deputies 2400 0100 0200 (Flexible (Flexible (Flexible (Flexible (Flexible - Schedule) Schedule) Schedule) Schedule) Schedule) 0300 0400 0500 0600 Section IV Ljimmary of Proposed 50 shard"Is s at00 Baldwin Park It is reported that the Baldwin Park Police Department's budget will be approximately $18,376,570 for FY 2012=13. This proposal provides cbmp/ete law enforcement coverage for the City of Baldwin Park at the L FY 2012-13 rate of $11,615,989 annually. This equates to an estimated cost savings of $6,760,581 (37%) of Baldwin Park's law enforcement budget, while providing a 40% increase in sworn patrol hours. Annual Patrol Annual Patrol Service Hours Service Hours Average Police Officer, K9, and Mo- Proposed Deputy Sheriff Service tor.Officer Field Unit Staffing 1 55,141 Unit and Motor Deputy Staffing 1 77,421 Total Annual Patrol Hours 1 55,141 1 Total Annual Patrol Hours 1 77,421 Monthly Average Eight Hour 575 1 Monthly Average Eight Hour 807 Shifts (Equivalent) I I Shifts I 1 Calculated using actual'patrol hours worked based on July 2012 time records by all field officers, averaged through one calendar year 2 Calculated using actual officers working patrol at least one patrol shift during the month of July, 2012. w 3e A tz 5 � r w P s6„ p T i k a. 3e s, 7 P s6„ p T i k a. CITY COUNCIL AGENDA OCT 0 3 IRIS STEM NO. BALDWIN CITY OF BALDMN PARK STAFF REPORT P•A - R•K TO: Honorable Mayor and Members of the City Council FROM: Vijay Singhal, Chief Executive Office rlE ufive Diree r Lorena Quijano, Finance Director . DATE: October 3, 2012 SUBJECT: Analysis of Public Safety Tax Options PURPOSE The purpose of this report is to present the City Council with various options for a potential Public Safety Tax. BACKGROUNDIDISCUSSION At the July 2, 2012, Special Budget Study Session, the City Council directed staff to explore the options for a potential Public Safety Tax. At the meeting, staff made a presentation of the City's long -term fiscal outlook. As discussed at the meeting, the results of the recession, the decline in revenues and significant increase in retirement and other costs, requires the City achieve new revenues and /or cost reductions to attain long -term fiscal sustainability. Compared to most other cities, the City of Baldwin Park is at a financial disadvantage because it has a much smaller tax base. Many of the cities with population of less than 50,000 have General Fund revenues and budgets much larger than ours. Because the City's tax base is much smaller the per capital tax revenues are significantly lower than other cities. Even prior to the recession, the City had reduced staffing through attrition and cut costs to maintain key services, balance Its budgets, build reserves and strengthen its fiscal condition. Those efforts allowed the City to weather the recession without major impacts; however, during the past two years several factors beyond the City's control, such as loss of revenues, increase in retirement costs and loss of Redevelopment, have caused major concerns regarding the City's long -term fiscal sustainability. In Fiscal Year (FY) 2011/2012, the City had to utilize its reserves to balance its budget. For fiscal year 2012/2013, again the City will use reserves, further reducing the available reserve balances. Additionally, the liability for retiree medical keeps growing at an alarming pace due to the City's inability to fully fund its obligation. While the City has Public Safety Tax Options October 3, 2012 Page 2 used short-term measures to avoid major impacts on services, including public safety, the City must now take action to reverse its fiscal decline. As the City Council selects the best option, the choice would need to focus on the City as a whole rather than one aspect or operation such as public safety. Public Safety is very important and, therefore, so far, the focus has been on preserving and maintaining public safety, by cuffing programs and staff in other areas. Since there were expectations and hope the economy would improve at a faster pace, the City relied on short-term measures such as not charging enough Public Works costs to the General Fund and not fully allocating or paying costs such as future retiree medical. However, those short -term measures are likely to prove more costly and detrimental to the interests of the City, as well as the interest of employees and retirees. In some departments, the staffing levels are so low they do not provide a sustainable structure for the near or long -term. The City Council has already expressed concerns about services in several areas; however, to address those concerns staffing must be increased. With no funding to even pay for all current costs and obligations, hiring new employees is not an option. Even if a Public Safety Tax Measure is proposed and approved, the City would need to identify additional funding to restore programs and staffing to more sustainable levels. To deal with the long -term fiscal challenges, the staff identified and presented several options on the July 2 "d to City Council. Based on the options, the City Council approved the following: • Further reductions and/or elimination of numerous programs • Authorized further reductions in staffing through lay -offs • Authorized staff to request a proposal from the Los Angeles County Sheriff's Department (Sheriff) • Asked staff to explore options for a Public Safety Tax The following addresses the Sheriff's proposal and the Public Safety Tax Sheriff's Contract Proposal The City has received a Phase I Study from the Sheriff, which identifies significant cost savings and improved patrol hours as discussed in another report on this agenda. If the City chooses to proceed with the Sheriff's contract, then the need for a tax would be eliminated; additionally, the annual savings could be used to restore /enhance City programs, implement new programs, or at the discretion of the City Council, could be used to offset some of the other City taxes or costs the residents currently pay. Public Safety Tax Options October 3, 2012 Paqe 3 If the City chooses not to pursue the contract, then additional funding has to be generated through a voter approved tax to provide police services. The following table shows the service hours and cost of the Sheriff and the Police Department: Service Comparison Service City of Baldwin Park Los Angeles County Sheriff Field Deployment 30 Sworn Officers 43 Sworn Officers (24 hour period) (fluctuates based on officer (constant, not impacted by leaves) officer leaves) Annual Service Hours 55,141 77,421 Traffic Enforcement 3 Motorcycle Units 4 Motorcycle Units Helicopter Support 4 hours /day; 7 days /week Emergency Services as needed (unless helicopter is down 24 hours a day regional patrol K -9 Unit 3 Units ( 2 patrol, 1 SIU) 11 Units available as needed Pride Platoon 5 officers (grant funded) VIDA services Detective Bureau — 15 Detectives total 6 Detectives will investigate General Investigations 1 Sergeant, 7 Detectives local crimes and crimes against SIU 1 Sergeant, 3 Detectives persons - Sheriff's LAIMPACT Department's centralized Southwest Borders 1 Detective Detective Division investigates HIDTA 1 Detective certain specific crimes, 1 Detective homicide, fraud, narcotics and vice. COPS Unit 2 Not Available 1 Sergeant and 6 Officers Community Services 1 part -time City Service 1 Sergeant Worker Special Problems Unit GAP - 2 Detectives 1 Sergeant, I Detective and 4 Deputies Special Services Not Available 2 Detectives Special Event Coverage Overtime Standard hourly rate of $64.00 (as needed basis) The proposal provides for complete law enforcement coverage at a rate of $11,615,989. The coverage includes a 40% increase in sworn patrol hours. Public Safety Tax Options October 3, 2012 Paqe 4 The following is a comparison of the costs between the City and Sheriff proposal: POLICE COSTS VS. LOS..AIUGELES COUNTY SHERIFF PROPOSAL FY 20.f 212043 PROPOSED BUDGET POLICE BUDGETIPRDPOSEQ) ONGOING OPERATIONS Fund # Description 100 GEN,ERAL FUND 16,906,670 205 FEDERAL ASSET FORFEITURE 738,250 2206 STATE ASSET FORFEITURE 10,000 207 LOCAL LAW ENFORCE BLOCK GRANT 2,400 220 C.D.B.G. 270 GRANTS FUND Adjustments: Reserve for Unfilled. Vacancies Unfunded Retiree Medical Costs Total Cost of Police Department at 7.0096 LOS ANGELES COUNTY SHERIFF PROPOSAL On -going costs after proposal: Pension Obligation Bond (Expires 2018.) PERS Cost - Inactive Pool (Estimate). Special Everrts:Overti,rne Animal Control Crossing: Guard Parking Enforcement Unit Red Flex Cameras Loss of Police Revenues: Police Charges Police Overtime Reimbursement Witness Fees Cost Recovery Jail Fees Revenue Booking Fees LA Impact Loss of Possible Grants (or Increase In Costs {represents 50% of Grant Fund Budget}) Other savings: Maintenance, Utilities,.lanitoral, Legal and Other Overhead Costs (Finance, Personnel and Fleet) ADJUSTED LOS ANGELES COUNTY PROPOSAL 1,595,010 52.0;000 10;0.00 292,000 190,000 126,000 375,000: 40,000 20,000 1,100 5,000 50,000 25,000 16,500 335,175 32,000 670,350 18, 360, 670 526,480 465,610 19,452,760 11,615,989 1,595,010 520,000 993,000 492,775 (460,000) (460,000) 14,756,774 DIFERENCE BETWEEN PROPOSAL AND ADJUSTED POLICE BUDGET 4,695,986 Public Safety Tax Options October 3, 2012 Page 5 As noted above based on current estimates, after the various cost adjustments, there is a potential savings of more than $4.5 Million in the first year, based on the proposal submitted by the Sheriff. As discussed in detail in the other staff report included in this same agenda, it is important to note those cost savings are estimates and may change upon a more comprehensive review of programs and costs. Public Safety Tax At the meeting on July 2, 2012, the Council expressed a desire to pursue a Public Safety Tax. The following provides information pertaining to several options for a tax measure: 1. When can the Measure be placed before the voters? 2. What is the difference between a General and Special tax? 3. What kind of tax measures can be placed and what are their impacts? 4. What are the pros and cons of various tax measures? 5. What is the Timeline for Placing a Ballot Measure? 6. What is the cost of a Special Election? 7. Will the tax have a term (Evergreen or Sunset)? 8. Will the tax be at a set rate or increase based on CPI or economic growth? 9. How much Tax is needed? 1. When can the Measure be placed before the voters? Since the proposed tax would be to fund a specific purpose, it would be considered a special tax and the measure could be placed either on a General Election or at a Special Election on one of the following dates in 2013: March 5, 2013 June 4, 2013 November 5, 2013 (Special Election) (Special Election) (General Election) 2. What is the difference between a General and Special tax? General Tax A general tax requires approval by a simple majority of those voting on the measure. Money generated by a general tax can be used for any City operations, as determined by the Council. Special Tax A special tax requires approval by a two- thirds majority of those voting on the measure. Money generated from a special tax can only be used for the purpose the special tax Public Safety Tax Options October 3, 2012 Page 6 was approved. For example, money generated from a Public Safety Tax can only be used for public safety purposes and cannot be used for streets, parks or other purposes. 3. What kind of Tax Measures can be placed and what are their impacts? The City may place the following tax measures on the ballot: Increase in Utility Users Tax (UUT) Increase in Sales Tax Parcel Tax (new for City) Utility Users Tax (UUT) The City currently has a 3% UUT, which generates approximately $2.2 Million annually. The UUT is paid by residents and businesses in the City and is based on their utility bills (Electricity, Gas, Water, Telephone, excluding cell phones). The City may seek an increase from 3% to 5% or 3% to 6% or higher. Sales Tax Sales tax is a tax that is sales tax rates vary by imposed by the City. The cents per dollar (8.75 %) distributed: State LA County Transportation Measure R City of Baldwin Park Total imposed on purchase of goods with some exceptions. The region. None of the sales taxes paid in Baldwin Park are current rate paid by those shopping in Baldwin Park is 8.75 and following is the breakdown of how those taxes are 6.25 cents per dollar 1.0 cent per dollar 0.5 cents per dollar 1.0 cent per dollar 8.75 cents per dollar The State already has a proposition on the November 6th election to increase the tax by $0.25 cents per dollar, and if approved, then the State portion would increase to 6.50 cents per dollar and the total will increase to 9.0 cents per dollar. For every dollar spent on taxable sales, the buyer has to spend 8.75 cents on sales tax, or 9 cents if the State measure is approved in November. The City may seek voter approval to increase the City portion from 1 cent to 1.50 or 2 cents per dollar. The cities of Avalon, El Monte, Inglewood, Santa Monica and South El Monte have voter approved additional 5 cents sales taxes per dollar and the cities of Pico Rivera and South Gate have an additional voter approved tax of 1.0 cent sales taxes per dollar. Public Safety Tax Options October 3, 2012 Pane 7 An increase in sales tax will apply to all taxable goods sold within the City of Baldwin Park. So, if the Baldwin Park voters were to approve a 50 cent increase in sales tax per dollar, then anyone shopping in Baldwin Park at Wal -Mart, Target or any other store would have to pay $0.50 for every $100 of purchases. Please also note the application of a Baldwin Park special sales tax is treated differently by State law for automobile purchases than other taxable purchases. The Baldwin Park sales tax increase would still apply to City residents irrespective of where they buy the automobile because sales tax on automobiles is not based on the location of purchase but on the place of registration (generally residence). For example, if a Baldwin Park resident purchases a car from a dealership in West Covina where there is no extra Sales Tax, they would still pay the increased Baldwin Park sales tax. Parcel Tax A parcel tax will be levied on all parcels in the City regardless of size. A parcel tax would result in a tax on every parcel irrespective of the location, size or use of the parcel. For example, a residential parcel of 5,000 sq ft. will pay the same tax as a commercial parcel of 10 acres. While there may be ways to have a weighted parcel tax, in the opinion of the legal counsel, due to Government Code section 53978, that would be hard to justify for a public safety tax. The City has approximately 15,100 parcels on which the tax would be levied. The following table shows the amount of new revenue that will be generated by the various types of tax measures. Tax Type Proposed Increase New Revenue Utility Users Tax Increase from 3% to 5% $1,400,000 Utility Users Tax Increase from 3% to 6% $2,100,000 Sales Tax '/2 cent $2,500,000 Sales Tax 1 cent $5,000,000 Parcel Tax $150 per parcel $2,300,000 Parcel Tax $300 per parcel $4,600,000 4. What are the Pros and Cons of various Tax Measures? Any tax measure is a burden on the consumers and residents; therefore, they require voter approval. The following is a brief discussion of the pros and cons of each tax type: Utility Users Tax A Utility Users Tax is imposed based on the cost of utility usage and is paid only by local businesses and residents. There is no choice or option and everyone pays based Public Safety Tax Options October 3, 2012 Page 8 on their utility bills. A Utility Users Tax would increase as the utility rates go up. Sales Tax It is often argued, because of the nature of the tax, that a Sales Tax makes local businesses uncompetitive. It is also argued it gives shoppers an incentive to go to other communities, especially for more expensive items. However, the one area where there is no choice is in purchase of automobiles, as mentioned above. Every Baldwin Park resident would have to pay the increased tax no matter where they purchase the vehicles. Sales tax also increases as the prices go up. Sales tax increases also apply to fuel sales and as fuel prices go up, the sales taxes also increase. Parcel Tax A parcel tax applies to each parcel in the City and impacts businesses or shoppers only to the extent property owners are able to pass that tax along. The tax would be a fixed amount, unless a CPI growth factor is included and approved by the voters. 5. What is the Timeline for Placing a Ballot Measure? If the City Council chooses to place the measure at the March 5, 2013 election, then all resolutions needed for the election must be approved by December 7, 2012. The deadline for the June 4, 2013, election is March 5, 2013. In addition, the City Council by a unanimous vote, must declare a fiscal emergency only if a general tax will be placed on the ballot at a special election and not a general election; that declaration is not required if the ballot measure is for a special tax. fi; What is the Cost of the Special Election? The cost of a special election is estimated to be approximately $60,000 to $75,000. That cost does not include costs of outreach or informational materials. If the City Council approves placing a ballot for voter approval, no taxpayer funds can be spent to support or oppose that measure. However, the City may send factual and educational information to the voters. 7. Will the tax have a term (Evergreen or Sunset)? Another question the City Council needs to determine is if the tax would have a sunset clause. It appears voters prefer a tax for a limited period such as five or seven years. However, if the financial position does not improve enough to generate additional revenues to replace the tax, then the City would need to seek an extension to that tax, which creates uncertainty. Based on the projections, it appears the City would not be in a position to afford the tax to lapse in seven to ten years. Public Safety Tax Options October 3, 2012 Paae 9 8. Will the tax be at a set rate or increase based on CPI or economic arowth? Costs increase over the years for various reasons. Some taxes are fixed, some grow based on the CPI (Consumer Price Index) if approved as part of the tax; and others such as sales tax and utility taxes grow as business or costs grow. 9. How much Tax is needed? Besides determining what kind of tax should be sought and its term, another equally important question is how much tax is needed? In order to estimate the City's need in the future, it is important to look at the future financial outlook of the General Fund for the next few years. The following table provides a 10 -year financial outlook for the General Fund. Based on the forecast, the City must raise from $3 to $5 Million in order fully fund public safety operations and retiree health obligations. General NO and Police Department CostTrend and Projections 2013- Budget 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Proposed Police Budget N 16;905,670 17,523;735 1.8,160,921 18,822,908 19;515863 20,229,419 19,014,097 19,716,522 20,445,919 21,203,345 21,989,899 Items not included in Police.6eneral Fund Budget Asset Seizure Expenses 739,250 768;820 799,573 831,556 864,818 899,411 935,387 972,803 1,011,715 1,052,183 1,094,271 Unbudgeted Sworn Vacancies 626,480 651,539 677,601 704,705 732,893 762,209 792,697 824,405 857,381 891,676 927,343 Additional Worker's Compensation 0 127,940 133,058 138,380 143,915 149,672 155,659 161,885 168,350 115,095 182,099 Unfunded Retiree Medical Costs -PD 465,630 484,234 50304 523x748 544,698 566,486 589,145 612,711 637,219 662,708 689,217 Total Other Police Costs 18) 1,531,340 2,032,534 2,113;835 2,198,388 2,286,324 2,377,777 2,472,888 2,571,803 2,674,676 2,781,663 2,892,929 Revised Nice General Fund Budget AFTER PoliceCosts Adjustments (A) + (B) 18,7381019 19,556,2669 20,274,756 21,021,296 21,802,187 22,606,796 21,485,985 22,288,325 23,1201595 23,985,008 24,882,828 Proposed Police Budget - General Fund 16,906,670 17,523,735 18,160,921 18,822,9018 19,515;863 20,229,019 19,014,097 19,7:6,522 20;445,919 21,203,345 21,989;899 Increase in General Fund Police Budget AFTER Adjustments 11;831,340) (2,032,534) 12,113.835) 12,198,388) (2,286,324) (2,377,777; 12,472,888) (2,571;803) )2:674,6761 (2,781,663) (202,929) AnVdpated Geaeruf Fund 9Jdt (based on Revenue mdfxperrseForecast -After 7- 2.1204 CounclRecommendadons) (459,246) f47429 (845,076) (1,171,710? (1,345,920) (1,507,412; 41,958 (320,410) (704,087) (1,110,478) (3,533,434) Unfunded Retiree Medical Costs-Other Depts (643, S01 (673,7951 (700,747) 1728,777) (757;928) (788;245) (819,775) 1852,566) (886:6691 1922,135) (959,021) Future additional amouatrequired to of fseton• - going Annua'pefldt- after additional Police Costs& Funding 9fRetireeHealth (2,938,466) 13,182,595) (3,659,658) (4,0)98,875( (4,390,172) (4,673,434) (3,250,705) (3,744,779) (4,265,431) (4,$13,8761 )5,391,383) As shown in the table above, the need ranges from $3 Million to $5.4 Million during the course of the 10 year period. Even if the revenues grow at a faster pace and costs grow at a slower pace than estimated the need would still be in the $3 -4 Million range. Public Safety Tax Options October 3, 2012 Paae 10 The forecast assumes the following: • Implementing the City Council's recommended program and personnel reductions; the full amount of savings from reductions would occur in fiscal year 2013 -2014. • Funding for 77 sworn and 23 non -sworn positions in the Police Department. Expenditure growth of 1% for capital and 2% for contractual and maintenance costs, and 4% in personnel costs. • A decrease of $1.8 Million in police expenditures in fiscal year 2019 resulting from the payment of the Pension Obligation Bond. • Revenue growth between 1 % to 3 %. • Revenue increase of $200,000 in fiscal year 2017 and another $225,000 in 2018 to account for additional hotel taxes expected. Since those are only estimates, those projections could change if the revenue growth is higher or lower than anticipated. There are several revenues that do not grow as much and fluctuate based on the service needs. The City is also built out, with not many development opportunities and does not have businesses such as auto dealerships that generate huge taxes. It is anticipated the cost increases would outpace the revenue increases. However, the forecast does not include numerous factors that could change the City's need for money in the future; these factors are discussed below: State Policy /Legislation Chances. In the past, the State has approved legislation that has adversely impacted the financial interests of cities. Some areas of impact could include changes impacting Redflex camera operations, changes regarding citation revenues, changes regarding COPS funding and changes regarding benefits for sworn personnel. Change in City Policies A few years ago, the City changed its policy regarding vehicle impounds. That change resulted in a reduction of impound revenues of over $500,000. If the City Council or the Legislature implemented any changes that result in lower revenues, then the need for additional revenues could be higher. Increase in CaIPERS Rates.Over the past few years, CalPERS rates have increased significantly. Thus, between 2011 and 2012 the City's CalPERS costs increased by $800,000. Earlier this year CaIPERS reduced its discount rate and it is expected it may reduce it further, especially since for fiscal year 2011/2012 CaIPERS investments only earned 1%. All those factors would eventually result in an increase in CalPERS rates; CaIPERS is currently working on the actuarial valuations which are due in November, more information on potential increases will be known at that time. Public Safety Tax Options October 3, 2012 Paqe 11 Retiree Medical Costs Retiree medical costs have been increasing at a significant rate annually and could grow at a higher rate than projected. No Restoration of Staffinq and Programs Already Reduced. During the past few years, the City has reduced staffing in the non -sworn departments significantly. The staffing for the next year is projected to be approximately 50% less than 200512006. In several departments, the staff levels are so low the current structure cannot be sustained either in the near future or the long -term and is likely to cause significant impacts on the City's operations, services and well- being. Additionally, the City has cut several programs, which will not be restored. If the City wants to fully fund 77 sworn and 23 non sworn positions and also be able to meet all its obligations for the Police Department and provide nominal amounts for cost increases, then a reasonable amount of annual tax revenues needed is approximately $4 -5 Million. The following table shows the options for a $4 Million to $5 Million tax revenues: Tax Type Proposed Increase New Revenue Utility Users Tax Increase from 3% to 9% $4,000,000 Safes Tax 314 cent $3,750,000 - $4,000,000 Parcel Tax $250 per Parcel $3,800,000 Sales Tax 1 cent $5,000,000- $5,500,000 Parcel Tax $300 per parcel $4,600,000 The City may use a smaller increase combined with reductions, such as reducing the sworn positions from 77 to 70 (annual savings of $950,000), requiring the employees to contribute to CalPERS, no COLA increases during the first 3 to 4 years, continue to use some reserves each year and /or continue to rely of Asset Seizure moneys. It is also important to note, as discussed earlier, a Public Safety Tax will not solve the needs in other areas, such as in areas where the City has already reduced staffing. The table does not include the cost of restoring any programs and staffing reduced in non - police departments. The City would need to identify funding to restore some programs and staffing in certain departments because the current structure is not sustainable in the long -run. Public Safety Tax Options October 3, 2012 Page 12 Tax versus Sheriff Proposal The following table shows the 10 -year projections if the City decides to contract with the Sheriff for police services AND various grants continue to be received by the City at the current amount budgeted, with a 2% increase per year (the Sheriff Budget assumes a 50% loss of these Grant revenues). These Funds would be available to assist with the cost of the Sheriffs contract and thus would increase the bottom line as reflected below: General Fund and Police Department CostTmdand Projections Based on Sheriff Proposal As shown in the table above, the City would not need a tax under this scenario and could have additional moneys available to restore programs and staffing; the first year savings could be used for any start cost costs to transition to the Sheriff. Upon receiving directions from the City Council, staff will bring necessary resolutions for City Council approval. The deadlines for approval of the resolutions are as follows: For March 5, 2013 Special Election December 7, 2012 For June 4, 2013 Special Election March 8, 2013 FISCAL IMPACT There is no fiscal impact of this report. RECOMMENDATION Staff recommends the City Council provide direction regarding the timing, type and amount of the proposed public safety tax. MiBudget 2014 1015 2016 2017 2018 2019 2020 2021 2022 2013 Adjusted Sheriff Budget 14,756, 774 15,339,674 15,942;328 16,559,423 17;227;130 17,904,690 16,653;830 17,319,984 18,012,783 18,733,294 19,482,626 AWpotedGeneral Fund Def dt(&osedon Revenue a ndbrpenseforecast After72 -1201 Cound) Recommendations) 1,690,650 1,707,795 1;373,511 1,081;776 941,812 816,917 1,402;224 2,076,128 4729,050 1,359;973 957,839 Unfunded Retiree Medical Costs-Other Nos (647;880) (673,795) (700,747) 1724777) (757,928) (788;24?) (819,775) (85,566) f886,669j (932,135) (959,021) future additiondamountreguiredto offset on- going k wrdDefid't- afteradditionalPolice Costs & Fundinaof Retiree Heahh 2,042;770 1;034;000 672;770 352;999 184,884 28,672 1,582,449 1,223,562 842,381 437,838 8,819 Additional amount avaihVefrom Grant Funding ( FY13 Grants Budgeted) 714,750 119,045 743,626 754498 173,668 74142 805,925 811,023 837,444 854,192 871,275 Adjusted amount (required ova loNe after adjusthgfapossVe6rantsavaRub1e 1,757,510 1,7&3,045 1,416,396. 1,111,497 958,553 817,813 7.;387,374 2,044,586 1,679,825 1,291;030 880,095 ' Notc Positive amounts add to the curfeftt Reserves while negative amounts reduce current Reserves, As shown in the table above, the City would not need a tax under this scenario and could have additional moneys available to restore programs and staffing; the first year savings could be used for any start cost costs to transition to the Sheriff. Upon receiving directions from the City Council, staff will bring necessary resolutions for City Council approval. The deadlines for approval of the resolutions are as follows: For March 5, 2013 Special Election December 7, 2012 For June 4, 2013 Special Election March 8, 2013 FISCAL IMPACT There is no fiscal impact of this report. RECOMMENDATION Staff recommends the City Council provide direction regarding the timing, type and amount of the proposed public safety tax.