HomeMy WebLinkAbout2013 10 16iI I K I � . •
OCTOBER 16, 2013
11 •
COUNCIL CHAMBER
14403 E. Pacific Avenue
Baldwin Park, A 91706
r • 960-4011
BALDWIN
P w K
Manuel Lozano - Mayor
Monica Garcia - Mayor Pro Tem
Marlen Garcia - Council Member
Ricardo Pacheco - Council Member
Susan Rubio - Council Member
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS
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 terra que este bajo su jurisdiccion, Si usted
desea la oportunidad de dirigirse al Concilio o alguna de
sus Agencias, podra hacerlo durante el periodo de
Comentarios del Publico (Public Communications)
anunciado en la agenda. A cada persona se le permite
hablar por tres (3) minutos. Hay un interprete para su
conveniencia.
CITY COUNCIL
REGULAR MEETING — 7:00 PM
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
Council Members: Marlen Garcia, Ricardo Pacheco,
Susan Rubio, Mayor Pro Tern Monica Garcia
and Mayor Manuel Lozano
ANNOUNCEMENTS
This is to announce, as required by Government Code section 54954.3, members of the City
Council are also members of the Board of Directors of the Housing Authority and Finance
Authority, which are concurrently convening with the City Council this evening and each
Council Member is paid an additional stipend of $30 for attending the Housing Authority
meeting and $50 for attending the Finance Authority meeting.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
• Oath of Office for new and re-appointed Housing Commissioners Braulio Oscar Marin,
Eduardo Acevedo, John De Leon, Magda Torrellas, Mario Betanco, Luis A. Montano.
• California Association of Housing Authorities (CAHA) Housing America Month
Recognition and Presentation to Baldwin Park Housing Authority for High Performance
Section Eight Management Assessment Program (SEMAP) Rating,
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]
City Council Agenda — OCTOBER 16, 2013
Page 2
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA S1 REOUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tome acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna
emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en
consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2]
CONSENT CALENDAR
All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be
no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from
the general order of business and considered in its normal sequence on the agenda.
1. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands.
2. CLAIM REJECTION
Staff recommends City Council reject the claim of Robert Moreno Insurance and
Trinidad Morales and direct staff to send the appropriate notice of rejection to claimant.
3. AUTHORIZATION TO ALLOW ELIGIBLE EMPLOYEES WITH ICMA -RC 457
ACCOUNTS TO OBTAIN LOANS AND APPROVE ATTACHED RESOLUTION 2013-
036 AND LOAN GUIDELINE AGREEMENTS
Staff recommends that the City Council adopt resolution 2013 -036 amending the current
agreement and approve the attached loan guidelines agreements and authorize the
Mayor to execute the appropriate documents.
4. UPDATE ON POLICE OFFICERS ASSOCIATION (POA) LABOR NEGOTIATIONS
AND LITIGATION
It is recommended the City Council receive and file this report.
5. CONTINUED FROM OCTOBER 2, 2013. AN AMENDMENT TO THE CITY'S
MUNICIPAL CODE ADDING SECTION 153.170.107 RELATING TO THE CREATION
OF A COMPREHENSIVE SIGN PROGRAM; AND THE ADOPTION OF THE
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (APPLICANT: KAISER
PERMANENTE; CASE NUMBER: AZC -174)
Staff recommends City Council to adopt Resolution 2013 -035 titled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND
ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR
AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO
COMPREHENSIVE SIGN PROGRAMS. (APPLICANT: KAISER PERMANENTE;
CASE NUMBER: AZC - 174)." and
Staff recommends City Council introduce by first reading by title only Ordinance 1359,
"AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING
SECTION 153.170.107 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO
COMPREHENSIVE SIGN PROGRAMS. (LOCATION: ALL COMMERCIAL,
INDUSTRIAL AND MIXED USE ZONES; APPLICANT: KAISER PERMANENTE;
CASE NUMBER: AZC- 174)."
City Council Agenda — OCTOBER 16, 2013
Page 3
ADJOURNMENT
CERTIFICATION
I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury
under the laws of the State of California, that the foregoing agenda was posted on the City Hall
bulletin board not less than 72 hours prior to the meeting. Dated this 10th day of October 2013.
Alejandra Avila
City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are
available for public viewing and inspection at City Hall, 2 "d Floor Lobby Area or at the Los Angeles County Public
Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of
the City Clerk at (626) 813 -5204 or via e -mail at rcaballero @baldwinpark.com.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48
hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this
meeting. (28 CFR 34.102.104 ADA TITLE II)
City Council Agenda — OCTOBER 16, 2013
Page 4
TO: Honorable Mayor and Members of the City C
FROM: Craig A. Graves, Interim Finance Direct
Date: October 16, 2013
SUBJECT: Warrants and Demands
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 195819 —
195847. Additionally, Automatic Clearing House (ACH) Payroll deposits were made
on behalf of City Employees from control numbers 231 343 - 231 588 for the period
of September 15, 2013 through September 28, 2013 inclusive; these are presented
and hereby ratified, in the amount of $345,584.07.
2. General Warrants, including check numbers 197171 to197352 inclusive, in the total
amount of $875,644.12 constituting claims and demands against the City of Baldwin
Park, are herewith presented to the City Council as required by law, and the same
hereby ratified.
Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or
designee does hereby certify to the accuracy of the demands hereinafter referred to and to
the availability of funds for payment thereof.
RECOMMENDATION:
Staff recommends City Council ratify the attached Warrants and Demands.
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TO: Honorable Mayor and City Council Members
FROM: Shama P. Curian, Senior Human Resources Analyst
SUBJECT: Claim Rejection
-a �.* 0�
This report requests the City Council reject the Claims for Damages to Person or
Property received for filing against the City.
In order for the statute of limitations to begin on the claims received, it is necessary for
the City Council to reject the claims by order of a motion and that the claimants are sent
written notification of said action.
Staff recommends City Council reject the claim of Robert Moreno Insurance and
Trinidad Morales and direct staff to send the appropriate notice of rejection to claimant.
Attachment(s)
Claim filed by:
• Stephanie Y Flores c/o Robert Moreno Insurance
• Trinidad Morales
s a r.
BALDWIN
P • A - R � K
jkq Eel -,,du ;461=4
jra
INSTRUCTIONS
1. READ CLAIM THOROUGHLY.
2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS.
3. THIS FORM MUST BE SIGNED.
4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 91706
WARNING
• CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED
NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2
• ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE
OCCURRENCE. (GOVERNMENT CODE SECTION 911.2
r'
Clerk's Official
Filing Stamp
To: City of Baldwin Park
4. Claimant's Date of Birth (if a minor)
1. Name of Claimant IVASU mMe
5. Claimant's Occupation
2. Home A dress of Claimant
6. Home Telephone Number
3. Business Address of Claimant
7. Business Telephone Number
71 Q
8. Name and address to which you desire notices or communications to be sent regarding this claim:
- per ! NI��eYI� rr)SUff0.�Y)(E Cam. To 4or-X- 15 MG Put le 4", `X2 3 ) # eolt r
9. When did DPMA E or INJURY occur?
-93
10. Names of any City employees involved in INJURY or DAMAGE:
Name Department
Date: t ! Time,
If claim is for Equitable Indemnity, give date claimant
served with complaint:
11. Where did DAMAGE or INJURY occur ?! L\ ot5 N `� �tC��;tVl �Q� S CA 6(S 7
l�
12. Describe in detail how the DAMAGE or INJURY occurred.
c�4J �e-c b V'(uAC
13. Were police or paramedics called? Yes' No ❑
14. If physician was visited due to injury, include date of first visit and physician's
name, address and phone number:
If yes, was a report filed? Yes ❑ No 11
If yes, what is the Report No?
14. Why do you claim the City of Baldwin Park is responsible? (Please be specific - Use additional sheet if necessary) `
v S
Z,,r_ i "c,,,Q e- Y)
'r o E, i Y16, V C�YA � e,� uD t-�t�`� ". 6 n 0 �4 fS vA e-6 . ' Y O uv
15. List damages incurred to date?
16. Total amount of claim to date: $�i ')L{ -7 ' '�> _�>-- Basis for Computation:
Limited Civil Case: ❑ Yes ❑ No (State the amount of your claim if the total amount is $10,000 or less. If it is over $10,000 no dollar amount
shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).)
17. Total amount of prospective damages: $ W t' LA e ?7D -Basis for Computation:
18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: f
C- �C�L�`° 2
Name L VYJ�L' 0 fCS__Address t�(fD �3 Y- �Jen
, aN Phone
Name \�('tw kd Address P-i05D- 4Ck(WV1 1 CA Phone
19. Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date:
I hereby certify (or declare) under penalty ofpe juiy under the laws of the state of California that the foregoing is true and correct to the best of my knowledge.
tt
Si nature Relationship to Claimant Printed Name Date
Note: Presentation OT a TaiSe claim is a Teiony (aerial V UUU caecuvu ! &j Lu rorm 1 tmuv twos
r
CITY OF BALDWIN
Its
BA.®IN CLAIM FOR DAMAGES ,¢
R. ' K TO PERSON OR PROPERTY _
INSTRUCTIONS �t
1. READ CLAIM THOROUGHLY.. 7013 SEP —
2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS.
3. THIS FORM MUST BE SIGNED.
4. DELIVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 91706
WARNING
• CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUST BE FILED
NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2)
• ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE
OCCURRENCE. (GOVERNMENT CODE SECTION 911.2)
f 6-
'l i tierk's Official
Filing Stamp
To: City Of Baldwin Park 4. Claimant's Date of Birth (if a minor)
p
1. Name of Claimant 5. Cl 'man 's Occup�t o
2. ome Address of Cl imant 6. Home Tele hone Number
31 C Lf (
3. Business Address of C imant 7. Business Telephone Number
8. Name and address to which you desire, notices or
to be sent regarding this claim:
9. When did DA AGE INJURY occur?v 10. Names of any City employees involved in INJURY or DAMAGE:
P1 1 1, 1 � 1: � /�; Name Department
Date: ► ► � ®� Time ...
If claim is for Equitable Indemnity, give date claimant
served with complaint:
11 —Where did DAMAGZ or INJURY
2. Describe I'In detail how the DiM/n,tE or INJURY
13. Were police or paramedics called? Yes ❑
If yes, was a report filed? Yes ❑
If yes, what is the Report No?
• c
�• ■
e
C �- S V161 J-
14. If physiclah was visited du to injury, include date of
name, address and phone number:
14. Why do you claim the City of Baldwin Park is responsible? (Please be specific — Use additional sheet if necessary)
afa `cfl ��,n. r� , _` < ®�� ®� �1(, P 1wI► il� 1 Cd1S ray 0&1Y® 516h S
rred to date? .
16, Total amount of claim to date: $ Basis for Computation
and ohvsician's
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).)
19• Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date:
/hereby certify (or declare) under penalty of pe jury under the laws of the state of California that the foregoing is true and correct to the best of my knowledge.
to Claimant
9-57- 117
9 Name Date
w�
Note: Presentation of a taise ciairn is a Telony tr°endi %,vuG AG 'Llw, A I �► v
Translation (Spanish to English) and Explanation of Claims for Damages Form
Joanna Espinosa spoke with Ms. Trinidad Morales on Monday, September 09, 2013
around 1:55pni
Question 11: Ms. Morales fell at the Hilda Solis Park, next to a pole and table at the picnic area.
Question 12: Ms. Morales was walking towards the parking lot when she slipped and fell on her
knees and hands; she fell next to the "first" pole (near the playground) of the patio.
She claims there was wet paint on the ground where she fell. Ms. Morales also
states there were no signs or cones posted to indicate the wet paint. She also
mentioned that there was a City employee who was taking pictures of graffiti on
the tables and poles; and she thinks it was him who painted the floor. The man's
name is unknown.
Question 15: Ms. Morales states that both wrists hurt and that her knees have bruises.
Question 16: Ms. Morales is not claiming any monetary reimbursement. She wants to see a
doctor because the bruises on her knees are worrying her.
r
is ♦s \
I�:�'%- i•
TO:
CITY COUNCIL I
• REPORT
i�
Honorable Mayor and Members of the Ci,
FROM: Vijay Singhal, Chief Executive Officer
Craig Graves, Interim Finance Directo
DATE: October 16, 2013
SUBJECT: Authorization to allow eligible employees with ICMA -RC 457
Accounts to obtain loans and approve attached
Resolution 2013 -036 and Loan Guideline Aareements
To seek City Council authorization to allow eligible employees with ICMA -RC 457
n 4.� 4..., I.. fib...:.. t__V_r I l: /1AA/1 �+
accounts to obtain loans against their account-, approve at acheU Resolution 20 13- li
and loan guidelines.
Employees are allowed to establish IRS section 457 accounts and contribute a portion of
their income on a tax deferred basis. 457 accounts are similar to 401 accounts available
to private sector employees. The ICMA -RC manages these accounts for the employees.
ICMA -RC also allows eligible employees to obtain loans against the account balances
subject to certain conditions. City's current agreement with ICMA -RC does not permit
these loans. The City has received requests from employees to allow them to obtain
loans against their 457 accounts. To participate in the program the City must pass a
resolution amending the current agreement with ICMA -RC and approve the loan
guidelines agreement.
With the approval of the loan guidelines agreement, ICMA -RC will manage the loan.
The City will have to do payroll deduction as one method of loan repayment. Any costs
or fees associated with obtaining or managing the loans will be paid by the participant.
The City also has a deferred compensation plan with Nationwide and amended
agreements with them will be presented to the City Council at a later date.
FISCAL IMPACT
There is no fiscal impact on the City or the General Fund of approving the loan program.
October 16, 2013
Staff report Loans from 457 accounts
Page 2 of 2
RECOMMENDATION
Staff recommends that the City Council adopt resolution 2013 -036 amending the current
agreement and approve the attached loan guidelines agreements and authorize the
Mayor to execute the appropriate documents.
ATTACHMENTS
1. Resolution 2013 -036
2. ICMA Loan Guidelines Agreements
3. ICMA Loan Program
RESOLUTION NO. 2013-036
A RESOUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
CALIFORNIA, AUTHORIZING 457 LOAN AGREEMENT AND PERMITTING
PARTICIPANTS IN THE RETIREMENT PLAN TO TAKE LOANS FROM THE PLAN
Section 457 Deferred Compensation Plan
ICMA -RC Plan 4 300425
City of Baldwin Park, California
WHEREAS, The Employer has employees rendering valuable services; and
WHEREAS, The Employer has established a retirement plan (the "Plan" ) for such employees
which serves the interest of the Employer by enabling it to provide reasonable retirement security
for its employees, by providing increased flexibility in its personnel management system, and by
assisting in the attraction and retention of competent personnel; and
WHEREAS, The Employer has determined that permitting participants in the retirement plan to
take loans from the Plan will serve these objectives;
NOW THEREFORE BE IT RESOLVED that the Plan will permit loans.
PASSED, APPROVED AND ADOPTED on this 16`x' day of October, 2013.
Manuel Lozano, Mayor
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF BALDWIN PARK
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that
the foregoing resolution was duly and regularly approved and adopted by the City Council of the
City of Baldwin Park at a regular meet thereof held on October 16, 2013, by the following vote:
AYES: COUNCIL MEMBERS:
NO: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ALEJANDRA AVLIA
CITY CLERK
101.11 ? 121114 R11 &I MA 9 11
In this Loan Program Implementation Package, you will find:
• A Guide to Implementing a Loan Program — This brochure details the issues you should consider in design-
ing your loan program.
• Loan Guidelines Agreement far a Retirement Plan —These guidelines in List be completed before loans can
be made from your retirement plan. 'this document enables you to establish the features of your loan
program.
.Suggested Resolution far a Legiskitive Body Relating to Amending a Retirement X to Permit Loans — We
have included one version that can be used for any plan type Section 457 Deferred Compensation
Pe
plans, Section 401 Money Purchase plans, and Section 401 Profit-Sharing plans. If your governing body
requires that a resolution be passed when amendments are made to the plan, we have included a sug
,gested
resolution for your use. If your governing body does not require that a resolution be passed, please disre-
gard the suggested resolution.
Loan Administration Agreement for 4571-11ans —'This document applies only to 457 plans where more than
one provider is involved in loan administration. If you have adopted .1 single 457 plan document under
which ICM.A-RC and one or more other providers must operate, you may ultimately have to self-admin-
ister your loan program unless you agree to the requirements specified in this Agreement.
w
• Amendment to Adoption Agreement for Section 401 Plans — This document applies to 401 plans only and
amends your current plan to allow loans.
Steps to Implement a Loan Program for your ICMA-RC Retirement Plan,
(1) Careful ly read A Guide to Implementing Loan Program.
(2) Complete the Loan Guidelines-Agreeinent.
(3) Using the Suggested Resolution as -a guide, obtain a resolution firom your governing body to adopt the
loan provision (if required).
(4) Execute the Loan Administration Agreement (457 plans only) or the Amendment to Adoption Agreement
(401 plans only).
(5) Return the completed Loan Guidelines Agreement, a copy of the resolution (if required by your entity),
and either the Loan Administration Agreement (457 plans) or the Amendment to Adoption Agreement (401
plans) to:
ICMA-RC_
Attention: New Business Analyst
777 North Capitol Street NE
NXIashington, DC 20002-4240
Please allow 10 business days to set up your plan to allow loans.
Please contact our Plan Sponsor Services Team at 800-326-7272 if you have any questions about implementing your
Retirement Plan Loan Program.
I C M A- R (
A loan program in your retirement plan provides eligible plan
participants the ability to borrow funds from their plan account
balance. Adding loans to your retirement plan is a big step. As
the administrator of your loan prograin, ICMA-RC will at-
tempt to minimize the amount of resources you need to devote
to the program.
However, there are administrative and fiduciary responsibili-
ties associated with offering loans which, as a practical tnat-
tier, cannot be delegated to 1C'4. -11C. For this reason, before
you design a program that is right for you and your employees,
there are several issues you may wish to consider. And the deci-
sions you make in designing your loan program will determine
the resources you, as the plan sponsor, will have to commit to
that program.
"This brochure details the issues you should consider in design-
ing your retirement plan loan program.
LOAN GUIDELINES
In order to offer loans from a retirement plan, the Internal Rev-
enue Code (the Code) requires that you establish written guide-
lines that govern the granting of loans. Includedin this packet
is the Loan Guidelines Agreement that you must complete and
formally adopt to establish Your loan program.
Along with completing the Loan Guidelines Agreement, you
must amend your plan document to allow loans. You will need
to send to ICMA-RC a statement executed by a designated
official or resolution approved by your governing body, as
applicable to your plan. In addition, if you are adding a loan
provision to a 401 plan, the adoption agreement applying to
that plan must be amended. A sample resolution and an adop-
tion agreement amendment form are included in this package.
If you have any questions about amending your plan document
to allow for loans, please call our Plan Sponsor Services Team
toll-free at 800-326-7272.
The Code provides you with some flexibility when establishing
your Loan Guidelines as long as the guidelines are consistent
with the plan document provisions on loans and with section
72(p) of the Code..
1. Eligibility (Section 11 in Loan Guidelines
A greement
You may allow a loan to be taken from (1) vested employer
contributions and/or (2) participant account balances. You
may designate whether or not a loan may be taken
(A) for all purposes or
(B) only in the case of hardship or other certain specified
financial situations.
K
401 Pkins: Under the Code, only employers can authorize a
hardship for loan purposes. Upon request, ICMA-RC will
provide an opinion to you concerning the likely compli-
ance of the hardship within the requirements of the Code
and regulations. Normally, for loan purposes, hardship and
other specified situations include, but are not limited to:
unreinibursed medical expenses, buying or rehabilitating
the participant's principal residence, and paying for college
education for the participant or his/her dependents. Car
loan, car repairs, and the purchase or repair of a vacation
or rental property would not be included in the hardship
definition.
'The option, you choose to define "loan purpose" in the Eli-
gibility section will have a significant impact on the number
of loans made from your plan. Obviously., if you choose "for
all purposes," more of your employees will request loans
than if you select "hardship or other spec fled financial situ-
ations only."
4571'lans: Loans must be coordinated with unforesee-
able emergency withdrawals. 'Die emergency withdrawal
regulations under Section 457 of the Code require that an
emergency, withdrawal be a resource of the "last resort." If
the participant able to take a loan from your IC11A A D
457 plan or any other plan you sponsor, the participant has
resources available to meet, or partially meet, the financial
need, Therefore, a participant will be required to take a loan
before taking an emergency withdrawal.
Many emergency withdrawals are not approved because the
financial need, while serious, may not meet the conditions
itemized in the 457 regulations. The ability to take a loan
will allow participants access to money that is not otherwise
available. And the repayment provisions for loans ensures
that participants replenish their accounts, thereby preserv-
ing their retirement savings.
2. Loan Purpose and Application Process (Section Ill and
W in Loan Guidelines Agreement)
(A) Active Employees Only — Loans are available only to
active employees. Former employees, beneficiaries, and
alternate payees may not take a loan.
(B) Request Submittal — If you select to allow
loans for ALL purposes, loan requests may be subinit-
ted by participants through the Account Access website
(Online) or with an Investor Services representative via
Loan By Call Center,
If you select to allow loans for hardship purposes, a
loan application must be completed, signed by the
participant and approved by you, the employer.
Under the Code, the amount of the loan may not
exceed a maximum amount. 7be a,,nount avai/ablefira
loan is aft cted ley all other loans the participant may have
outstanding or bas recently paid offftom ),our ICMA-RC
A Guide to Imple),nentinga Lourn Prognon
retirement Akin, and any other retirement plans you soon-
sor. Please refer to page 7 for a work-sheet illustrating
how maximum ].can amounts are calculated. The loan
modeling option on 1CMA-RC's Account Access web
site incorporates this calculation automatically.
(C) Check Issuance — If you elect to allow loans
for ALL purposes, ICNL -RC sends loan documents
with the loan check to the participant. When the par-
ticipant endorses the check, that endorsement signifies
acceptance of loan terms.
If you elect to allow loans for HARDSHIP purposes,
the participant is required to sign the acceptance of a
promissory note evidencing the loan and disclosure
statement, which includes an amortization sched-
ule. Upon receipt of an approved loan application,
lCMA-RC wi1J prepare these loan documents and send
them, along with the loan check. The loan check may
not be given to the participant until the loan docu-
ments have been signed by the participant. Because the
promissory note is considered a plan asset, all loan doc-
uments niust be complete and preserved by ICMA-RC
for at least the life of the loan.
For payroll-deducted loan repayments, once a loan
is issued, your payroll department must ensure that
loan repayments are withheld from the employee"s pay
check each pay period, in the amount specified or the
amortization schedule, until the loan is repaid in full. It
is essential that the amortization schedule coincide with
your payroll cycle. ICNIA-RC can help you determine
the first pay date on which you should withhold loan
repayments.
3. Fvequengy of Loans (Section V in Loan Guidelines
Agreement)
Participants may receive only one loan per calendar year.
However, you may elect to allow participants to have either
(A) only one loan outstanding at a time or
(B) no more than five loans outstanding at one time.
The option you choose under Frequency of Loans will have
an impact on the number of loans made from your plan.
It may also have a direct impact on your payroll system if
you select Payroll Deduction as a repayment optionfor your
participants. Each loan rej,,rymentjbr each pity period must be
accounted for sejwrntely Repayments of multiple loans area
much larger burden on your payroll system (and personnel)
than a repayment of a single loan.
0
4. Length of Loan (Section V1f in Loan Guidelines
Ar_reement)
Generally,, all loans Must be repaid within five years from
the date the loan is made. There is an exception for loans
used to buy, but not to improve or repair, a principal resi-
dence. In the case of a loan for buying a principal residence,
you may specify the number of years, not to exceed 30, over
which the loan must be repaid.
In determining the maximum repayment period for resi-
dential loans, you should be mindful that the loan term
may extend beyond the period the participant is employed
by you. If you allow employees to continue to pay their
loans after they separate from service (see Acceleration of
Loan Repayment on the next page), repayments would
continue by the participant, through you, for the entire
term of the loan (e.g., 20 years). Every payroll period, the
participant (former employee) will be required to give you
a check for the periodic loan repayment amount. You then
include this amount with your next contribution submittal
to ICMA-RC. Loan repayments marry not be m,,,tde directly to
1(,"yI,121-RCby the particip,c.,ni, unless you choose ACH debit ta
'i repayment payment option.
5. Loan Repayment Process (Section V111 in Loan Guide-
lines Agreement)
All loans must be repaid either through payroll deduction
or through ACH debit as long as the employee is actively
employed by you. For payroll deducted payments, ICMA-
RC'-s media (EZLink) used for ren-firting contribution
detail, allows for the inclusion of loan repayment detail.
Participants may
, pay off their loans early by requesting that
you submit a larger repayment amount from their pay on
their regularly scheduled repayment dates through your
contribution submittals to ICMA-RC. Please note that no
payment date may be "skipped" even if the employee has
made a large payment or submitted multiple payments.
The enclosed Loan Guidelines Agreement form allows
your plan to offer a participant the option of making loan
repayments via direct debit of the employee's bank account.
Direct debit is authorized by the participant and allows
ICMA-RC to debit loan repayments frorn the participant's
bank account via Automated Clearing House (ACH). With
this feature, you are free of the burden of establishing and
monitoring payroll deduction and submitting of repay-
ments to ICMA-RC.
Please note that you will not be notified directly when
a participant's bank account has insufficient funds for a
complete loan repayment. The EZLink loan reports that
will be available to you online will provide this informa-
tion, It is possible that participant loans may default more
often for lack of repayment when participants choose
ACH repayment rather than payroll deduction. You may
choose to restrict certain participants to payroll deduction
for this reason,
I( M A- R C
In irnplenlenting a loan program you should be aware that
some employers who offer loans through their retirement
plan have had to contend with the inability of some partici-
pants to repay their loan(s). YOU Should be aware that you
may not stop taking loan repayments from the employees
paycheck — even if the employee asks that repayments be
stopped. FAUte to payroll-deduct loan repayments on sched-
Ule Could both jeopardize the eligibility or qualification of the
entire plan as well as create a taxable event for the participant.
Likewise, if an employee is repaying the loan through ACH
debit of his/her bank account, and the employee fails to
make payments, this could jeopardize the eligibility of your
retirement plan. Employers are ultimately responsible for
ensuring that loans are repaid according to the loan terms.
ICMA-RC_ assists you by notifying both you and the ern-
ployee if a payment has not been received.
Your plan may allow terminated employees to continue to
repay their loans either through ACH debit of their bank
account, or by giving; /sending you a check each repayment
period (refer to Acceleration of Loan Repayment section
on page three). If you adopt this latter repayment method,
you will include the repayment amount _given to you by the
f-,rmer employee in. your next regular employee contribu-
tion remittance to ICMA-RC.
If a participant has more than one loan outstanding at any
one time, then each loan repayment must be separately
reported to lCMA-RC.
6. Acceleration of Loan Repayment (Section X1 in Loan.
Guidelines Agreement)
You Live three options for determining how outstanding
loans are accelerated:
A. All loans are due and payable in full upon the em-
ployee's separation from service. 'The employee may not
continue to pay off his/her loan once he or she sepa-
rates from service.
B. After separation from service. all loans are due and pay-
able in hill as soon as the participant takes a withdrawal
of any arnount from the plan.
C. After separation from service, all loans are due and pay-
able in full only when the participant withdraws his/her
entire account balance.
You should consider these options carefully, since each pro-
vision could result in a taxable event for the participant. If 11
participant does not repay the outstanding Join amount at
the time it is due, the loan is "foreclosed." 'Illis means that
the Outstanding loan amount must be reported by the plan
administrator (ICMA-RC) as a taxable distribution in the
year of the foreclosure.
M
On the other hand, given the burdens associated with col-
lecting loan repayments from former employees, you may
not wish to maintain a potentially long term "relatiorlship"
with former employees (especially in the case of residential
loans).
You should carefully consider the level of responsibility each
option entails.
7. Deemed Distribution of Delinquent Loans (Section XV
in Loan Guidelines Agreement)
Internal Revenue Service (IRS) regulations governing
participant loans issued after December 31, 2001, have
provided clarification on requirements for loan processing,
'The regulations have always established loan criteria, such as
term and borrowing limitations. However, the regulations
now specificallyidiustrate how plan sponsors should treat
delinquent loans, which violate the special rules allowing
loans to be made from retirement plan assets.
A loan typically becomes a deemed distribution when
scheduled payments are not made in adherence with the
granted "cure period." The maximum allowable cure period
I :s tie end f I Iffit calendar quarter '101lowing the calendar
quarter in which the payment ;tins due. For example, ifa
participant's loan payment is due February I st, the maxi-
mum cure period for the repayment is June 30th. If the to-
tal amount of all delinquent payments is not received by the
end of the cure period, the loan is deemed a distribution.
The principal balance, in addition to any accrued interest, is
reported as a distribution to the IRS. However, the taxable
distribution is not the only event in conjunction with a
deemed distribution. The following negative consequences
occur as a result of deemed distribution.
• The deemed distribution is a taxable event. However,
it is not an actual distribution and therefore remains
an asset of the participants account. Fhe outstanding
loan balance and accrued interest are reported on the
participant's account statement.
• Repayment of a deemed distribution will not change or
reverse the taxable event.
• The loan continues to be considered outstanding until
it is repaid or "offset" using the participant's account
balance. An offset can occur only if the participant is
eligible to receive a distribution from the plan as out-
lined in your plan document.
• ICN1A-RC requires participants to repay any outstand-
ing deemed distributed loan before they can become
eligible for a new loan. The deemed distributed loan
and any interest accrued since the date it became a tax-
able event is taken into account when determining the
maximum amount available for a new loan.
A Guide to Imple.,newinga Loan Prognon
• An IRS ruling requires that a participant who has had a
prior deemed distribution must make repayments to a
new loan through payroll deduction, or provide proof
of adequate security.
Employers, as plan sponsors and fiduciaries, have an obliga-
tion to comply with plan document and loan guideline
requirements applicable to participant loans. In this regard,
Ivan payments must be made in accordance with the plan
document, plan loan guidelines, and as reflected in the
promissory note signed by the participant. Employers retain
this obligation if there is a loan program associated with
their retirement plan, even if participants apply for loans
online, and regardless of the payroll deduction method of
repayment.
Employers who do not ensure proper loan repayment
practices in their retirement loan programs risk not only
having individual participant loans being deemed distribu-
tions, but also potentially jeopardize the tax-favored status
of the entire plan. In the extreme, plans with mismanaged
loan programs — a high occurrence of deemed distributed
loans, and/or program participants in default, for example
— may be disqualified (in the case of 401 plans) or classified
as ineligible it for A4;
57 plar,,-; bv the IRS. DiSqualification
results in the loss tof tax-deferred status for all contributions
and a possible increase in the taxable income for participat-
ing employees.
It is a plan sponsor's and plan administrator's fiduciary obli-
gation to properly manage the retirement plan and its ben-
efits. Mismanagpinent of a loan program may be considered
failure to meet this fiduciary obligation and may expose a
plan sponsor to litigation, in addition to being in violation
of applicable laws and regulations.
To assist plan sponsors whose plan options include loans,
ICMA-11C will provide reports of participants with pay-
ments delinquent by 30 to 89 days, 90 or more days but
I
not yet deemed, and those whose loans have been deemed
distributed. ICMA-RC is committed to supporting employ-
ers who request assistance with their loan programs in order
to reduce the number of delinquent loans and decrease the
occurrence of deemed distributions,
SPECIAL CIRCUMSTANCES
If you have more than one retirenient plan, ICMA-RC will ad-
iiiinister your loan program, but you will have to perform sonic
loan verification activities. You will also have to perform these
activities if loans are available to your employees from several
like retirement plans, such as two different qualified plans, or if
you have different types of retirement plans (e.g. Section 457
deferred compensation and section 401 qualified plan). Tlae
degree of your involvement will depend on your situation.
rol
1. Multiple Plans
If you offer several retirement plans, each with its own plan
document and provisions unique to each administrator,
ICI A-RC and your other administrators should be able
to administer loans because these are distinct plans and
the loan provision applies at the plan level. However, the
Code sets a maximun-i on the aggregate of all loans from all
retirement plans in which the employee participates. No
provider will be able to calculate, by itself, the maximum
amount that a participant may borrow at any point in
time. Since only you, the employer, can determine the cut-
rent outstanding loan balance and the highest outstanding
loan balance in the past 12 months from all loans from any
retirement plans, you will have to calculate the maximum
amount that may be borrowed. This will involve obtain-
ing all loan amounts currently outstanding and repaid in
the last 12 months. For. your Convenience, IC .MA -RC has
developed a worksheet to illustrate the maximum loan
amount available. [See Page 7, "Calculating the Amount
Available for a Loan."]
If you elect online loans, participants are asked to input all
outstanding loan balances in their online worksheet so that
the prograni can pioperly calculate the maximum amount.
Participants are on the"lionor system" when they enter
other loan amounts; ICMA-RC �is unable to verify any loan
amounts associated with plans administered by other pro-
viders. However, if there are any Outstanding loans in Other
plans administered by ICMA-ic, our online program will
take them into account.
2. Single Retirement Plan/Multiple Providers
If you have adopted a single retirement plan with one
master plan document under which ICMA-RC and your
other administrator(s) must operate, then you may Ulti-
mately have to self-administer your loan program, unless
you require:
• that the maximum that may be borrowed from any
provider is 50 percent of the balance with that provider
and
• that the loan must be repaid only to the provider
from which the loan was made.
If you do not impose these requirements, you may have to
self-administer your loan program. This is because of:
- Problems calculating the loan amount.
The amount available for a loan is based, in part, on
the total account balance in the plan, Since employees
may have balances with more than one of the admin-
istrators, only you, the employer, can determine the
actual account balance by aggregating the balance for
each administrator.
I ( M A - R (
The Code sets a maximum on the aggregate of all loans
from all retirement plans in which the participant par-
ticipates. Since only you can determine the Current out-
standing loan balance and the highest outstanding loan
balance in the past 12 months from all loans from any
retirement plans, you will have to calculate the maxi -
mum amount that may be borrowed. This will involve
obtaining rill loan amounts currently outstanding and
repaid in the last 12 months. For your convenience,
1CMA-RC has developed a worksheet to illustrate the
maximum loan amount available. [See Page 7, "Calcu-
lating the Amount Available for a Loan."]
- Problems preparing loan documents.
Each loan has terms and conditions that are reflected in
the promissory note,, disclosure statement and amortiza-
tion schedule for the loan. Other providers may be able
to prepare these documents if given all the pertinent
information about the loan by you. HoNvever, the other
provider may be reluctant to provide documents for a
loan to which it is not a party. And it may be difficult
for the other provider's system to provide documents for
a loan in an amount that exceeds what its system shows
is available.
• Problems keeping accurate loan records.
Since loans are _generally made and recordkept on a
plan level basis, theoretically, a participant could take a
loan in the amount of his/her entire balance with one
administrator because the loan is collateralized by the
balance with another administrator. And the partici-
pant may elect to allocate loan repayments either be-
tween administrators or to an administrator other than
the administrator who made the loan. Unless a loan is
unique to one of the administrators, both in amount
and repayment terms, only you, the employer, will be
able to track loan repayments, especially if repayments
are being made to more than one administrator.
3. Multiple T y of Retimment PL vn/Multiple Providers
If you make loans available to your employees from all of
your retirement plans (e.g. Section 457 deferred compen-
sation plan and Section 401. qualified plan), each plan
administrator should be able to administer loans because
these are distinct plans and the loan provision applies at
the plan level. However, no administrator will be able to
calculate, by itself, the maximum amount that a partici-
pant may borrow at any point in time. This is because the
Code sets a maximum on the aggregate of all loans from
all 401 and 457 plans in which the participant partici-
pates. Since only you, the employer, can determine the
current outstanding loan balance and the highest out-
standing loan balance in the past 12 months from all loans
from any 401 or 457 plans, you will have to calculate
11
the maximum amount that may be borrowed. This will
involve obtaining all loan amounts Currently outstanding
and repaid in the last 12 months. For your convenience,
IC MA-RC has developed a worksheet to illustrate the
maximurn loan amount available. [See Page 7, 'Calculat-
ing the Amount Available for a Loan."I
Many 457 plans are what are referred to as "co-achninis-
tered" plans. 'There are actually two different types of ar-
rangement both of which are referred to as co-administered
or co-provider plans:
(1) multiple 457 plans offered by an employer through two
or more administrators, each administrator having its
own plan document and features.
(2) a single 457 plan with multiple administrators provid-
ing essentially different investment options.
In both of these situations, it will be difficult for an ad-
ministrator to correctly administer a loan provision across
multiple plans. It will also be difficult for you to correctly
administer a loads provisions in situations where you make
loans available to employees from your 457 plan(s) and
another. retirement plan (e.g. Section 4011 money pul-cliase.
or profit sharing plan).
CONCLUSION
You may be able to minimize your involvement in administer-
ing a loan program under either a single plan/multiple provider
arrangement or a multiple plan arrangement. However, you
cannot avoid having to determine whether each loan amount
requested is consistent with the aggregate maximum.
The above information is intended to provide in overview
of the issues and complexities of establishing and mainmin-
ing a loan program Linder the most common types of retire-
ment plan arrangements. It is not intended to be all inclusive.
Other issues may arise and some issues may be mitigated by
a plan's individual design. Special situations and/or solutions
not discussed above will have to be analyzed on a case-by-case
basis. Please contact ICMA-RCs Plan Sponsor Services Team at
800-326-7272 with any questions related to these issues.
A Guide to lnjplenienfij, � a Loan Progrwn
CALCULATING THE AMOUNT
AVAILABLE FOR A LOAN
7he minimum loan amount is $1,000.
The maximum amount of all loans to the participant from the Plan and all other plans sponsored by the Employer that
are qualified employer plans under section 72(p){4) of the Code is the lesser of:
(1) $50,000, reduced by the highest outstanding balance of all loans from any 401 or 457 plans for that participant
during the one-year period ending on the day before the date a loan is to be made, or
(2) 50% of the participant's vested account balance, reduced by the current outstanding balance of all 401 and 457
loans from all plans for that participant.
If a participant has any loans ourstanding at the time a new loan is requested, the new loan will be limited to the maxi-
mum amount calculated above reduced by the total of the outstanding loans.
In addition, each loan must be collateralized, at the time it is made, by one half of the participant's vested account bal-
ance in the plan from which the loan is being made. Therefore, the actual amount a participant may take as a loan is the
LESSER of the maximum dollar amount described above or 50 percent of the account balance.
To estimate the maximum amount of a loan for which a participant may be eligible, calculate each step and
select the lesser of the total of Step I or Step 2. If the participant has had no outstanding 401 or 457 plan
loans in the last 12 months, you may enter $50,000 as the total in Step I and proceed to Step 2.
Step 1. $50,000 A $50,000 is the maximum.
B. Enter the highest outstanding loan balance during the previous 12
months from 457 and 401 plan loans.
Step I Total Subtract Line B from Line A.
Step 2. C. Enter 50% of the present value of the total account balance
in the plan from ivhich the loan will be issued, including any
outstanding loan balance.
D. Enter the current outstanding 401 and/or 457 plan loan
balance(s).
Step 2 Total Subtract Line D from Line C.
Step 3. E. Enter the lesser of Step I and Step 2 totals.
Maximum Loan Amount = Line E
—me actual amount met may be borrowed will be cal ng irrie parhqponf�s
account balance on the day the loan is made.
PA
Loan Guidelines A reed ew
Name of Plan (please state the Employer's complete name, including state):
Plan Type. 7140 I(a) Money Purchase Plan 401 Profit-Sharing Plan 10 457 Deferred Compensation Plan
ICMA-RC Plan Number:
1. Purpose
The purpose of these guidelines is to establish the terms arid conditions under which the Employer will grant loans to participants. This is
the only official Loan Provision Document of the above named Plan.
11. Eligibility
Loans are available to all active employees. Loans will not be granted to participants who have an existing loan in default.
Loans will be pro-rated among all the funds in which the participant is invested at the time the 10.111 is made.
For 401 plans only:
Loans are available from the following sources: [select one or both]
Employer Contribution Account (vested balances only)
71 Participant Contribution Accounts (pre- and post-tax, if applicable, including Employee Mandatory, Employee Voluntary,
Employer Rollover, and Portable Benefits Accounts, but excluding the Deductible Employee Contribution/Qualified Volun-
tary Employee Contribution Account)
For Roth 401 (k) plans only:
A participants Designated Roth Account balance can be used to secure a participant loan.
Designated Roth Account balances [select one]
will not (default option) be available as a source for loans under the Plan.
will be available as a source for loans under the Plan. (Note: Using the Roth source for loans may have negative tax conse-
quences for participants.)
For all plan types:
Ill. Loon Purpose
Loans are available for the following purposes and must be requested in the corresponding method (select one):
All purposes
Online and Loans by Call Center-,Ml loans must be requested either online by employees through ICMA-RC's Account
Access site it iv%A-w.icmarc.org or directly over the phone with at] Investor Services associate (via the Loans by Call Center
service), both of which require preauthorization by the Employer as outlined in italics under Section W. Application Process.
71 Hardship Only:
Loans shall only be granted in the event of a participant's hardship or for the purpose of enabling a participant to meet
certain specified financial situations. 'Me employer shall approve the participant's loan application after determining, based
on all relevant facts and circumstances, that the amount of the loan is not in excess of the amount required to relieve the fi-
nancial need. For this purpose, financial need shall include, but not be limited to: unreimbursed medical expenses of the par-
0
I C M A - R C
ticipant or members of the participant's immediate family, establishing or substantially rehabilitating the principal residence
of the participant, or paying for a college education (including graduate studies) for the participant or his/her dependents.
(Note: Online or Loans by Call Center not applicable with this option. Participant most complete the loan application
for employer approval.)
IV. Application Process
If an employee is married at the time of the application and your plan has elected the Qualified Joint and Survivor
Annuity Option, spousal consent is required for the loan. The employee's spouse must consent, in writing, to the loan
and the consent must be witnessed by a plan representative or notary public. Such consent must be received in writing
by ICM.A-RC no more than ninety (90) days before the loan request is submitted through Account Access. In the case
of the Direct Loan Application, spousal consent should be sent along with the application.
The promissory note, truth-in-lending rescission notice, and disclosure statement are mailed to the employee along
with the issued loan check. 'The employee confirms receipt and acceptance of these documents and terms at the time
the endorsed check is presented for payment.
Rye Employer bere�y autborizes " nire /oans requestednbroi�i 11
J 47if " _Z/7 the on"neprocess via AxountAccess, its wellas any re-
.TU
quests that empkyees submit on paperfbrms, pending review o the appliaition by ICAYA-RC Notice of loan issuance to ill be
provided to ibe Employer via reports posted on the EZLink site.
The loan amount will generally be redeemed front the employee's account on the :same day as either ICNIA-RC receipt
of loan application (complete and in good order), the completion of a loan request via telephone with an Investor
Services representative, or the employee's successful submission of the loan request through Account Access, if it is
It not, Me loan amount wi
submitted prior to 4:00 p.m. ET on a business day. IF Mbe redeemed on the next business day
following submission. The loan check is generally issued on the next business day following redemption, and will be
mailed directly to the employee. The employee's presentment of the loan check for payment constitutes an acLnowl-
edgment that the employee has received and read the loan disclosure information provided by ICMA-RC and agrees to
the terms therein,
Loan repayinent will begin as soon as practicable following the employee's presentment of the loan check for payment.
V. Frequency of loans [select one]
Participants may receive one loan per calendar year. Moreover, participants may have oniv one (1) outstanding loan at a time.
9/participants may receive one loan per calendar year. Moreover, no participant may have more than five (5) loans ourstandinc,
at one time.
A. Loan amount
Tice minimum loan amount is $1,000.
The maximum anIOUnt of all loans to the participant from the plan and all other plans sponsored by the Employer that are qualified em-
ployer plans tinder section ,2 7 (p)(4) of the Code is the lesser of:
(1) $50,000,reduced by the highest outstanding balance. of all loans from any 401 or 457 plans for that participant during
the one-year period ending on the day before the date a loan is to be made, or
I
Q) one half of the participant's vested account balance, reduced by the current outstanding balance of all 401 and 457 loans
from all plans for that participant.
If a participant has any loans outstanding at the time a new loan is requested, the new loan will be limited to the maximum amount calcu-
lated above reduced by the total of the outstanding loans.
A loan cannot be issued for more than the above amount. The participant's requested loan amount is subject to downward adjustment
without notice due to market fluctuation between the time of application and the time the loan is made.
M
Loan Giddelines Agreeinent
V11. Length of loan
A loan must be repaid in substantially equal installments of principal and interest, at least monthly, over a period that does not
exceed five (5) years.
Loans for a principal residence must be repaid in substantially equal installments of principal and interest, at
least monthly, over a period that does not exceed 'S -o [state number of years] years (m�u_imurn 30 years).
V111. Loan repayment process
Loan repayments for active employees must be through:
Payroll deduction only.
P1_(42(2) = 2
ACH debit only.*
P1,642(2) = 0
9/Employee may choose either payroll deduction or ACH debit.*
P1,642(2) = I
Please note a S20 processing fee will be assessed to a participant's IC MA-RC account when a scheduled loan repayment(s) via
ACH is rejected due to insufficient funds, invalid bank account information, or account closure in the participant's designated
payment account.
It payroll deduction repayment is allowed, and the employee wishes to use this method, the employee must notify the Employer
so that the Employer can ensure that repayment will begin as soon as practicable on a date determined by the Employer's payroll
cycle. Failure to begin payroll deduction in a timely way could lead to the employee's loan entering delinquency status. Payroll
deduction should begin within two payroll cycles following the employee's receipt of the loan.
Repayments through payroll deduction will be sent via check or wire by the Employer to ICMA-RC on the following cycle
(choose one.):
Weekly (52 per year)
Bi-weekly (26 per year)
71 Semi- monthly (24 per -year)
0 Monthly (12 per year)
If ACH debit repayment is allowed, debits from the employees designated bank account will begin approximately one month fol-
lowing the date the employee's signed ACH authorization form is received and processed by ICMA-RC, or, in the case of online
loans, approximately one month following the date the loan check has been cleared for payment. Debits will normally be made on
a monthly basis.
Loans Outstanding for former employees or employees on a leave of absence must be repaid on the same schedule as if payroll
deductions were still being made unless they reamortize their loans and establish a new repayment schedule that provides that sub-
stantially equal payments are made at least monthly over the remaining period of the loan.
Loan payments, including loan payments from former employees, are allocated to the participant's current election of investment
options on file with ICMA-RC.
The participant may pity, off all or a portion of the principal and interest early without penalty or additional fee. Extra payments are
applied foiivard to both principal and interest as specified in the original repayment schedule, unless the additional payment is for
the balance due.
0
I C M A - R C
IX. Loan interest rate
The rate of interest for loans of five (5) years or less will be based on prime Plus 0.5%.
'Me rate of interest for loans for a principal residence will be based on the FHAIVA rate.
Interest rates are, determined on the last business day of the month preceding the month the loan is disbursed. The interest rate is
locked iri at the time a loan is approved and remains constant throughout the life of the loan.
The prime interest rate is determined on the last business day of each month using N"N,,NNr.nfsn.corn as the source. The FHAA7A
interest rite is also determined on the last business day of each month using www.bankofamerica.coni as the source.
Loan interest rates for new loans taken in different months may fluctuate upward or downward monthly, depending on the move-
ment of the prime and FHANA interest rates,
The employer may modify the manner in which loin interest rates will be determined, but only with respect to future loans.
X. Security/Collateral
`That portion of a participants account balance that is equal to the amount of the loan is used as collateral for the loan. The collat-
eral amount may not exceed .50 percent of the participant's account balance at the time the loan is taken. Only the portion of the
account-balance that corresponds to the amount of the outstanding loan balance is used as collateral.
X1. Acceleration [select one]
Lj All loans are due and payable in fiffl upon separation from service.
ml loans are due and payable when a participant receives a distribution of all of his/her account balance after separa-
tion from service. The amount of the outstanding loan balance will be reported as a distribution in addition to the
amount of cash distributed from the plan.
All loans are due and payable when a participant receives a distribution of part of his/her account balance after separa-
tion from service. The amount of the outstanding loan balance will be reported as a distribution in addition to the
amount of cash distributed from the plan.
X11. Rearnortization
Any outstanding loan may be reamortized. Reamortization means changing the terms of a loan, such as length of repayment peri-
od, interest rate, and frequency of repayments. A loan may not be reamortized to extend the length of the loan repayment period to
more than five (5) years from the date the loan was originally made, or in the case of a loan to Secure a principal residence, beyond
the number of years specified by the employer in Section V above.
A participant must request the reamorti7_qtion of a loan in writing on a rearnortization application acceptable to the plan adminis-
trator. Upon processing the request, a new disclosure statement will be sent to the employer for endorsement by the participant and
approval by the employer. The executed disclosure statement must be returned to the plan administrator within 10 calendar days
from the crate it is signed. The new disclosure statement is considered an amendment to the original promissory note; therefore 'a
new promissory note will not be required.
A reamortization will not be considered new loan for purposes of calculating the number of loans outstanding or the one loan per
calendar year limit.
X111. Refinancing existing loans
If a participant has one outstanding loan, that loan may be refinanced. If a participant has more than one outstanding loan, no
loans may be refinanced. Refinancing means concurrently repaving an existing loan and borrowing an additional amount through
a new loan. Refinancing includes any situation in which one loan replaces another loan and the term of the replacement loan does
not exceed the latest permissable term of the replaced loan.
I
Loan. Guidelines Agreenient
The request must be made at a time when the participant is eligible to obtain a loan as defined by the employer in Section III
above. 'The amount of the additional loan amount requested for the purpose of refinancing is subject to the loan Iii-nits specified in
Section IV above.
Because a refinancing is considered a new loan, only active employees inay refinance an outstanding loan. Residential loans are not
eligible for refinance.
XIV. Reduction of Loan
If a participant dies prior to full repayment of the outstanding loams), the outstanding loan balaricefs) will be deducted from the
account prior to distribution to the beneficiary(ies). 'The unpaid loan amount is a taxable distribution and may be subject to early
withdrawal penalties. The participant's estate is responsible for taxes or penalties on the unpaid loan amount, if any-A beneficiary
is responsible for taxes due on the amount he or she receive& A Form 1099 will be issued to both the beneficiary and the estate for
these purposes.
XV. Deemed Distribution
Lomi repayments must be made in accordance with the pLandocturtent, plan loan guidelines, and as reflected in the promissory
note signed by the participant. If a scheduled payment is not paid within 30, 60, andlor 90 days of the due date., a notice will be
sent to both the eniployee and the employer.
A loan will be deemed distributed when a scheduled payment is still unpaid at the end of the calendar quarter following the calen-
dar quarter in which the payment was due. If the total amount of any delinquent payment is not received by ICMA-RC by the end
of the calendar quarter following the calendar quarter in which they payment was due, the loan is considered .1 taxable disiribution,
and the principal balance, in addition to any accrued interest, reported ass a distribution to the IRS. However, no nionevis paid
in this distribution, because the participant already has the loan proceeds.
The loan is deemed distributed for tax purposes, but it is not an actual distribution and therefore remains an asset of the partici-
pant's account. Interest continues to accrue. The ourstanding loan balance and accrued interest are reported on the participant's
account statement.
Repayment of a deemed distribution will not change or reverse the taxable event.
I -
The loan continues to be outstanding, and to accrue interest, until it is repaid or offset using the participant's account balance. Ail
offset can occur only if the participant is eligible to receive a distribution from the plan as outlined in the plan document.
Participants are required to repay any outstanding loan which has been deemed distributed before they can be eligible for a new
loan. The deemed distribution and any 'interest accrued since the date it became a taxable event is taken into account when deter-
mining the maximum amount available for a new loan. New loans must be repaid through payroll deduction.
The employer is obligated by federal regulation to comply with the loan guideline requirements applicable to participant loans, and
to ensure against deemed distribution by monitoring loan repayments, regardless of the method of repayment, and by advising em-
ployees if loans are in danger of being deemed distributed. The tax-qualified status or eligibility of the entire plan may be revoked
in cases of frequent repayment delinquency or deemed distribution.
XV1. Fees
Fees may be charged for various services associated with the application for and issuance of loans. MI applicable fees will be debited
frown the participant's account balance mid/or from the participant's loan repayments prior to crediting the repayment of principal
and interest to the participant's account. A schedule of fees applicable to this plan is specified in ICMA-RC's current publication of
Ala kingSound Investment Decisions: A Retirement Investment Guide.
7
I C M A - R C
XV11. Other
The employer has the right to set other terms and conditions as it deems necessary for loans from the plan in order to comply with
any legal requirements. All terms and conditions will be administered in a unifor
m and non- discriminatory minatory manner.
In %VirnessWhereof, the employer hereby caused these Guidelines to be executed this
of
EMPLOYER
By:
Title:
Attest:
,20
U-0
Accepted: ICMA RETIREMENT CORPORATION
M1
Title:
Attest:
day
This Agreement is not required if you have 1) only one 457 plan provider or 2) more than one plan provider each with
its own plan document and provisions unique to each provider. The Agreement only applies if you have adopted a
single 457 plan document under which 1C11 A-RC and one or more other provider(s) must operate. Please refer
to pages 5-6 of A (;ui& to Impleinenting d Loan P'rcgram for more details.
This Agreement shall :serve as an Addendum to the Loan Guidelines established by the Employer identified below as an
Addendum to the Administrative Services Agreement (ASA) made by and between the ICMA Retirement Corporation
(lCMA-RC) and the Employer.
The Employer currently sponsors a section 457 deferred compensation plan administered by two or more providers
(co-provider plan). In order to ensure the efficient administration of the loan program established by the Employer, the
Employer hereby agrees and declares that
(1) For purposes of issuing loans from the plan, that portion of the plan's assets administered by
ICMA-RC will be treated as though it were a separate and distinct plan.
(2) The Employer shall calculate the amount a participant may borrow from the ICMA-RC administered
portion of the plan. No loan amount may exceed the lesser of (a) the maxi muni loan amount specified
in internal Revenue Code section 72(p)(2)(A) or (b) 50% of the participant's ICMA-RC-administered
account balance.
(3) :III loan repayments must be made to the participant's ICMA-RC-administered account for the life of
the loan.
AGREED as of the day of CC+ 20
Name of Employer:
Authorized Official - Print Name
State:
Employer Plan Number F3 FO] -A04
Signature of Authorized Official
ICMA RETIREMENT CORPORATION
Angela Montez
Assistant Secretary
MA this Agreement and the completed 457 Plan Loan Guidelines to:
1C MA-RC
Attention: New Business Analyst
777 North Capitol Street, NF-
Washington, DC 20002-4240
iw:a;1
TO: Honorable Mayor and Members of the City Council
FROM: Vijay Singhal, Chief Executive Officer
Leticia Lara, Human Resources Mana
DATE: October 16, 2013
SUBJECT: Update on Police Officers Association (POA) Labor Negotiations
and Litigation
PURPOSE:
As directed by the City Council, to provide the public with the history and status of
negotiations with the Baldwin Park Police Officers Association (the POA).
BACKGROUND AND DISCUSSION:
Public comments have been made by the POA representatives and others to the effect
the City is not negotiating with the POA. Negotiations with the bargaining groups, and
discussions with the City Council regarding those negotiations are confidential and staff
and Council cannot disclose, in public, information pertaining to those negotiations
without permission of the Council. To address the misinformation and to publicly
provide the status of the negotiation process, the Council, at its closed session meeting
on September 4, 2013, waived that confidentiality and authorized staff to present
information pertaining to negotiations in open session. Pursuant to Council direction,
this report summarizes the on -going Memorandum of Understanding (MOU) negotiation
process with the POA.
Employees' job status, salary and benefits once negotiated and in effect cannot be
changed without agreement of all parties involved. An MOU, which is, in essence, a
contract provides the parties an opportunity to negotiate changes to the terms and
conditions of employment. MOD's are usually effective for 1 to 3 years. For the most
part, the MOU or contract negotiations are done primarily to implement pay and benefit
changes.
It is important to note, that besides negotiating with the POA regarding the MOU, the
City has also been engaged in Negotiations /Meet and Confer sessions and discussions
with regards to the following other issues:
1. Reduction in work force (lay -offs)
2. Employee input process pertaining to the budget
3. Meet and Confer regarding the LA County Sheriff's Phase II pursuant to Court
order
4. Various other personnel related matters, as applicable
October 16, 2013
Staff report regarding POA Labor Negotiations and Litigation
Page 2 of 7
This report only discusses the MOU negotiations and does not focus on any other
matters listed above.
The City of Baldwin Park negotiating team has been negotiating with the POA since
June 2010 to finalize a successor MOU to the MOU that expired on June 30, 2010.
During that time, the negotiating teams have conducted a total of 19 meet and confer
sessions, and have exchanged numerous written communications. City staff also met
with City Council in closed session many times over that period to inform the Council of
the status and progress of the negotiations, as well as seek direction.
Generally, MOU negotiations focus on pay and benefit increases. However, the
recession, lower revenues and rising employee pensions and retiree medical costs
impacted the City's financial condition and created the need to reduce employee
compensation costs as many other cities had done. Since a significant reason for the
City's financial problem is increases in pension costs, the City's long -term financial
survival necessitates seeking concessions from the employee groups. Those
concessions fall in two major categories:
• Reduction in pension and benefits including retiree medical benefits for new
employees
• Contributions from current employees to offset some of the pension cost
increases
Despite having met 19 times since June 2010, the City has not been able to secure any
concessions from the POA. For that reason, there has been no agreement reached for
a successor MOU with the POA.
Even though the City Council has the ability to impose reductions in salary and benefits,
as some other Cities have done, the Council has chosen to continue to negotiate in
good faith in hopes the POA would agree to the proposed concessions needed to offset
the increasing employee retirement and retiree medical costs.
During the past three years of negotiations, significant amounts of information have
been exchanged, discussed and deliberated and it is not practical or possible to include
everything in this report. Therefore, this report briefly summarizes negotiations process:
POA's first proposal:
In June 2010, the City received POA's initial proposal for the upcoming years
(Attachment #1). Although the POA proposal stated "In an effort to show the BPPA's
good faith in bargaining, the association will not be asking for a salary increase for
2010 -2012 MOU," the proposal sought significant increases in various pay categories
and benefits. Per a financial analysis prepared by Finance Department the cumulative
cost of those increases would have been $3,040,942 during the first five years of
implementation, with additional long -term impacts. As shown on Attachment #2, this
October 16, 2013
Staff report regarding POA Labor Negotiations and Litigation
Page 3 of 7
amount does not include the cost to add medical retiree benefits for Spouse /Significant
other. Based on actuarial estimates this proposed item would cost approximately
$567,711 per year and the total liability would increase by an additional $4,514,212.
Staff met with the POA several times after receiving this proposal to provide them with
the potential fiscal impact of the proposed items and to discuss the future challenges
including increased costs of employee pensions and retiree medical.
Staff also met with Council several times to discuss the POA proposals, including the
cost analysis. Staff recommended those increases were unaffordable and very
unreasonable given the condition of the economy and the fact the City was cutting staff,
programs, and services for residents. Staff also shared with the Council surveys from
the League of California Cities and a survey of surrounding cities showing many other
cities had already implemented many of those concessions.
After deliberation and debate over several closed session meetings, the Council
majority rejected the POA's demands.
Staff continued to meet with the POA's representatives to seek necessary concessions
.J 11 ..I the 'a a a' dated �
and officially rejected ale POA proposal in its written communication dated June 29,
2011.
POA's Second Proposal
On June 29, 2011, the City negotiating team presented the POA with the City's counter
proposal (Attachment #3) which provided for (i) a nineteen -month contract term: July
1,2010, through January 31, 2012, (ii) an amendment to CaIPERS contract to include
1959 Survivor Benefit, IV Level and (iii) an agreement for on -going discussions to
commence no later than October 1, 2011 with the intent to develop cost containment
ideas /measures. The City's proposal rejected the remaining the POA proposed items.
The following is a summary of the POA's second counter - proposal dated August 1,
2011 (Attachment #4):
The POA withdrew the proposed longevity pay, as well as the proposed increases to
educational incentives, and specialty pay. The proposal also dropped the retiree
medical benefits for spouse /significant other.
The new proposal sought a two -year term through June 30, 2012, and asked for some
changes to (i) 1959 Survivor Benefit program (ii) Long -term Disability program change
(CLEA) at no cost to the City, which would allow the POA sworn members to receive
disability benefits on a tax free basis and could have approximately $50,000 savings for
the City (as per the POA calculations), (iii) sick time conversion and (iv) to add one
additional approved vendor for uniforms.
While the Council agreed with all items except sick leave conversion, it also directed
staff to continue to seek pension and retirement concessions, which the POA did not
October 16, 2013
Staff report regarding POA Labor Negotiations and Litigation
Page 4 of 7
agree to. Staff continued to meet with the POA to seek concessions, while it was also
working with the POA and their attorney to implement the long -term disability benefit
change.
On August 30, 2011, the City negotiating met with POA and presented them with the
City's counter proposal (proposal dated September 1, 2011, (Attachment #5) which
provided for (i) a nineteen -month contract term: July 1,2010, through January 31, 2012,
(ii) an amendment to CalPERS contract to include 1959 Survivor Benefit, IV Level (iii) to
add additional uniform vendor and (iv) requested that POA obtain a comparative
analysis of the proposed LTD plan (CLEA). The City's proposal rejected the remaining
POA proposed items.
.0, i ..
In the City's written proposal dated May 2, 2012 (Attachment #6) given to the POA
representatives at a meeting that same day, the City representatives asked POA for
several concessions which included:
• Contribution by employees towards pension costs
• New retirement formula for new hires
• Reduction in the retiree medical benefit
The POA response was immediate and disapproving of the proposal. A few weeks
later, staff received an email from the POA President informing the City any further
discussions regarding the negotiations would be done by the POA attorney. Since the
law firm that represents POA is known for very aggressive negotiations and tactics,
staff recommended the City also seek legal representation at the negotiating table. The
City did not receive any further response to the City's proposal.
To deal with budget challenges, the City initiated a lay -off process and met with the
POA to discuss the impacts of the workforce reductions.
On September 18, 2012, POA representatives submitted a counter proposal (Attach-
ment #7) in response to the City's proposal dated May 2, 2012.
The following is a summary of POA's third counter - proposal:
Term February 1, 2012, through February 1, 2016
The POA agreed to pay 9% pension contribution phased over a three -year period,
contingent upon the City granting pay increases to offset those contributions.
The POA rejected any changes to the retiree medical for new employees and also
rejected other terms of City proposal.
The Finance Department did a calculation and presented it to the Council that showed.
if implemented, the POA proposal would result in cost increases of approximately
October 16, 2013
Staff report regarding POA Labor Negotiations and Litigation
Page 5 of 7
$500,000 over that three -year period with ongoing increases in excess of $250,000
each year.
City's Counter Proposals, dated November 29. 2012
In a meeting with POA representatives held on November 29, 2012, City presented
POA with City's counter proposal (dated November 29, 2012, Attachment #8). That
proposal required modification and on December 10, 2012, City attorney provided POA
with an Amended November 29, 2012 proposal (Attachment #9).
Despite engaging in good faith bargaining for the past several years, the City has not
been able to obtain any concession to offset even a small portion of the increases to
the PERS retirement and health benefit costs the City will experience. The POA has
either disregarded the City's requests, or come up with proposals which would increase
the costs and further negatively impact the City's financial condition.
During this time, the City staff continued to negotiate and meet and confer with the POA
on various other matters as listed earlier.
There are hundreds of pages of documents an-a' everything cannot be summarized in
this report. Copies of some of the documents are attached to this report.
It is very important to note the City Council could, after following the prescribed
process, impose its proposals and implement concessions in pensions and retirement
benefits as some other Cities had done. However, the City Council wants to continue
to try to seek an agreement with the POA and has not exercised that option.
Status of Litigation
The City Council also waived the confidentiality of closed sessions held regarding the
litigation filed against the City of Baldwin Park by two former Police Officers (now
Sergeants) Chris Kuberry and Mark Adams and the law suit filed by the POA against
the City.
In January 2012, two officers filed a lawsuit against the City of Baldwin Park, they also
names Council Member Marlen Garcia, Police Chief Lili Hadsell and Chief Executive
Officer Vijay Singhal as defendants. In their lawsuit, the two police officers, who were
promoted to sergeants allege that the City and the other defendants violated their First
Amendment Rights, when they were not promoted to Sergeants. The two officers, who
are now Sergeants with the Baldwin Park Police Department (BPPD), allege those
advancements were delayed due to comments each made in public about Council
Member Monica Garcia and the operations of the BPPD.
The two officers had been acting Sergeants since January 2011, Adams became
permanent Sergeant in May, 2012 and Kuberry in October, 2012. City's attorney had
reported to the Council that during the early stages of the trial, even the judge asked
the defendant's attorney why they were pursuing the lawsuit when the officers had
October 16, 2013
Staff report regarding POA Labor Negotiations and Litigation
Page 6 of 7
already become sergeants. If the verdict is adverse to the City and even if damages of
only $1 are awarded to the plaintiffs, their attorney could still collect $200,000 to
$400,000 in attorney fees. Staff believes that given the reputation of the law firm
representing the officers that may be a motivation for the lawsuits.
In addition, the POA filed a lawsuit against the City. The POA alleges its First Amend-
ment Rights were violated by the City's request to obtain a proposal for the LA County
Sheriff's Department to provide policing services to the City. That request was made in
order for the Council to have full information as to whether such a proposal would result
in substantial financial savings for the City. To date, the Phase II of that proposal is on
hold and no decision has been made regarding the matter of contracting for police
services.
Earlier this ;year, the attorney for the two Sergeants offered to settle their lawsuit, if the
City paid them and their attorneys approximately $330,000. The City Council
unanimously rejected that offer. Subsequently, in July of 2013 the Council again did not
support a settlement in the same amount.
Council Member Marlen Garcia stated at a public meeting and the City's attorneys are
aware the POA's attorney also offered to settle its lawsuit if the City paid $10,000. As
part of that settlement offer, the POA's attorney also said the POA would actively
support Marlen Garcia in her effort to run for the Mt. Sac Community College Board.
The City and Council Member Marlen Garcia rejected that offer.
The City has incurred $298,150 in defending itself against these lawsuits and will spend
additional amounts until these cases are settled /decided. Filing lawsuits against cities
during negotiations and engaging in other harassing and intimidating tactics was a
common practice of the law firm engaged by the police officers and POA to file and
pursue the lawsuits against the City of Baldwin Park. Often law suits are used as a
mechanism to seek concessions and /or money from the defendants, which could
otherwise be used for critical city services. Due to its alleged unethical practices and
billing fraud, the law firm is now closed.
While the City has and will spend significant amounts of money to defend against these
lawsuits, none of the Council Members voted to support settlement. It was the view of
the Council Members that settlement of the current lawsuits would encourage others to
file lawsuits, which would require further expenditures of scarce money and resources.
RECOMMENDATION
It is recommended the City Council receive and file this report.
October 16, 2013
Staff report regarding POA Labor Negotiations and Litigation
Page 7 of 7
ATTACHMENTS
1. POA's initial proposal, dated June 21, 2010
2. Financial cost estimated of the proposals
3. City's counter proposal, June 29, 2011
4. POA's second counter-proposal, dated August 1, 2011
5. City's counter proposal, dated September 1, 2011
6. City proposal, dated May 2, 2012
7. POA third proposal, September 10, 2012
8. City's counter proposal, dated November 29, 2012
9. Amended November 29, 2012 proposal
10. Summary of Meet and Confer Sessions regarding MOU Negotiations
B
Board Members
14403 Pacific Avenue, Biatdwin Park. California 91706
Phone; (626) Q60-401 1 / Fax; (6261 8l 3-5124
President j TO: Leticia Lars, Human Resources Manager
,.oshua Hendricks FROM: Joshua Hendricks, BPPA President
Vice•President
Chris Kube" DATE: June 21, 2010
Treasurer
Frank Real SUBJECT: Baldwin Park Police Association's Contract Proposal.
Secretary
Rosa Egparza
Representatives
Doug Parnell The Baldwin Park Police Association (BPPA) offers the following propwal for the
.-3rk Adams
Elizabeth Peraida Fiscal Year 2010-2012 MOU. Unless otherwise indicated, the proposals shall be
applicable to both sworn and non sworn unit members.
Z I TERM — July 1, through and including June 30,
2. SALARY — In an effort to show the BPPNs good faith in bargaining, the
association will not be asking for a salary increase for the 2014 -201 MOU -
INCENTIVE. This will apply to both the sworn personnel
>spC4�, 01� hh� ow
* 2.5% pay increase for every 5 years of employment with the city
(cumulative). Example: 5 =2.5% 10 =5% 15 = 7.5% etc.
*Start after 5 years of employment and max out at 20 years of
service for a total of 10%.
4. PIERS 1959 SURVIVOR ALLOWANCE. The City of Baldwin Park shall
amend its contract with CaIPERS to provide for level IV of the 1959 Survivors
Benefit. This shall apply to both swam and non-sworn personnel.
5. EDUCATIONAL INCENTIVE FOR NON-SWORN. The educational
incentive for the non -sworn will match the current rate set for the sworn Police
Officer.
*$95 for an associate degree
*$190 for an baccalaureate degree
Bald,xin PaE k Pnlicc AssOCiatiMl
� 6 nD -14"
3�ildwin P)rk-
7. SPECIALTY ASSIGNMENT PAY. Sworn employees specialty
Board menlib,-rs
assignment pay shall i n crease from an increment of $150 to $ 300.
President
=tRETIREMENT.
Joshua Hendricks
8. The medical retirement for sworn employees will
Vice-President
change from ofty paid coverage for just the offloer to coverage for the officer and
Chris Kuberry
spouse/significant other. Currently upon retirement, the officer can maintain his
Treasurer
current insurance coverage for him/her under their existing plan providing the
Frank Real
cost does not exceed the cafeteria allotment ($1200). Under the new proposal
secretary
Rosa Esparza r
I
the officer would also be allowed to have coverage for his spouselsignificant
RepresentatIvev
other. in order to qualify for the increased cover-age, the officer would have to
Doug Parnell
work a minimum of 20 years of service with the City of Baldwin Park and would
Mark Adams
Elizabeth Perei-da
only apply to a full service retirement. Considedng we have had only 3 full
se rvi ce sworn retirements in the past 10 years, the cost for this change should be
minimal-
9. RETIREMENT FOR NON WORN. During the 2010-2012 MOU, the City
of Be Idwin Pa r1k will pay for the no n-swom employee's shared participation
contribution of 3% (difference between 2% @ 55 and 2.7% @ 55).
END PROPOSAL
3�ildwin P)rk-
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CITY OF BALDWIN PARK
CONFIDENTIAL �CLD3ED SESSION - SEPTEMBER t2D10
ESTIMATED COST PROPOSAL FOR AVAILABLE ITEMS
'^J"P���
ij
4
w
�,
� ��3^
ITEM
�
ITEM 5*
|TEM0~
LONGEVITY
(2.5% PER
PER8
EVERY
SURVIVOR
EDUCATIONAL
SPECIALTY
CUMULATIVE
YEARS)
BENEFIT
BENEFIT
PAYMENT
ANNUALCO8T
COST
FY 2011
$
394.280
$
9.384
$
6.966
$ 98.521
$
509.131
*
509.131
FY 2012
$
457.479
$
9.384
$
7.154
$ 100.900
$
554,877
$
1.064.008
FY 2013
$
496307
$
9504
'
�
7273
'
� 1O2O01
'
�
�15'005
'
�
1 O78813
'
FY 2014
$
540.257
$
9.364
$
7.410
$ 104.880
$
w�
4,667.817
$
2.347.730
FY 2015
$
571.297
$
8.304
$
7.433
$ 105.118
$
693.212
$
3.048.942
°
CITY OF BALDWIN PARK
CONFIDENTIAL - CLOSED SESSION - NOVEMBER 8, 2090
ESTIMATED COST PROPOSAL FOR AVAILABLE ITEMS
e"
SWORN
t -
1) SWORN -POA
(Note: Items with * include PERS Costs; no step increases are assumed in each year)
Detail - Estim. Cost Proposals- PAGE 2
ITEM 3*
SUMMARY SWORN
ITEM 4
COST
ITEM 5*
$ 596,631
ITEM 6*
FY 2012
$ 642,377
$ 1,239,008
FY 2013
$ 703,305
$ 1,942,313
LONGEVITY
$ 755,417
$ 2,697,730
FY 2015
$ 780,712
$ 3,478,442
(2.5% PER
PERS
EVERY 5
SURVIVOR
EDUCATIONAL
SP.F±CIALTY
CUMULATIVE
YEARS)
BENEFIT
BENEFIT
PAYMENT
ANNUAL
COST
COST
FY 2011
$
394,280
$
9,364
$
6,966
$
98,521
$
509,131
$
509,131
FY 2012
$
437,479
$
9,364
$
7,134
$
100,900
$
554,877
$
1,064,008
FY 2013
$
496,307
$
9,364
$
7,273
$
102,861
$
615,805
$
1,679,813
FY 2014
$
546,257
$
9,364
$
7,416
$
104,880
$
667,917
$
2,347,730
FY 2015
$
571,297
$
9,364
$
7,433
$
105,118
$
693,212
$
3,040,942
(Note: Items with * include PERS Costs; no step increases are assumed in each year)
Detail - Estim. Cost Proposals- PAGE 2
CUMULATIVE
SUMMARY SWORN
ANNUAL COST
COST
FY 2011
$ 596,631
$ 596,631
FY 2012
$ 642,377
$ 1,239,008
FY 2013
$ 703,305
$ 1,942,313
FY 2014
$ 755,417
$ 2,697,730
FY 2015
$ 780,712
$ 3,478,442
(Note: Items with * include PERS Costs; no step increases are assumed in each year)
Detail - Estim. Cost Proposals- PAGE 2
P,A - R - K
amm=
myl ^ 11 • a
DATE: June 29, 2011
TO: Josh Hendricks, President, Police Officers Association (POA)
FROM: Leticia Lara, Human Resources Manager, City of Baldwin Park
SUBJECT: CITY - POLICE OFFICERS ASSOCIATION (POA) NEGOTIATIQIS°
a
The City is hereby responding to the Police Officers Association's proposal which was submitted on
June 21, 2010. The City submits the fo(lowing;counter proposal for a nineteen (19) month contract:
1. TERM
July 1, 2010 through and including January 31, 2012
2. 1959 SURVIVOR PRE- RETIREMENT DEATH BENEFIT PROGRAM
City to amend the CalPERS contract to upgrade the 1959 Survivor Pre - Retirement Death
Benefit Program from the Basic Level to the Fourth Level. POA to pay any and all costs
resulting from this change and each employee to pay monthly cost of $2.00. Any future
changes to the employee monthly contribution will be paid by the employee and any
future increased cost to the City related to this program will be paid by POA.
3. SUCCESSOR MOU
The parties agree and acknowledge that the City, and in turn, its employees, shall likely
face significant economic challenges during the term of this MOU and beyond.
,Therefore, it is agreed that it is imperative that both parties participate in regular, on-
going discussions that shall commence no later than October 1, 2011. The subject matter
of the meetings shall be any and all means by which existing terms and conditions of
employment can be more economically provided /funded than is presently the situation
and to address available means by which to reduce the costs of providing services to the
City.
The parties agree that it is necessary that both the POA and City representatives be
prepared to and in fact achieve, a mutual sharing of proposals by which to achieve these
objectives. Accordingly, these meetings are intended to develop proposals that shall be
considered during negotiation of a successor to this MOU.
The City rejects all POA proposals not specifically addressed above.
IDI&7ld7l-alk
Police Officers Association Team Members:
Josh Hendricks, President
Chris Kuberry
Rosa Esparza
City Negotiation Team:
Lorena Quijano, Finance Director
cc: Mr. Vijay Singhal, CEO, City of Baldwin Park
Board Members
President
Chris Kuberry
Vice-President
Mark Adarns
Secretary
Maricela
Montenegro
Treasurer
Frank Real
Representatives
Bill Root
Doug Parnell
Elizabeth Pere id
14403 Padnic Avenue, Baldwin Park, Cali 91706
M&UN& NOE Phone: (626) 960-4011 i Fax� (6261, 813-5124
RD@RA@(§ Lwddhm www,bprpaonfine.net
TO: Leticia Lara, Human Resources Manager, City of Baldwin Park
FROM: Chris Kuberry, Baldwin Park Police Association President
DATE: August 1, 2011
SUBJECT: BALDWIN PARK POLICE ASSOCIATION COUNTER PROPOSAL
In response to the cities desire to actively provide a more economical means by
which existing terms and conditions of employment can be economically funded,
the Baldwin Park Police Association (BPPA) is hereby responding to the City's
proposal which was submitted on June 29, 2011. The (BPPA) submits the
following counter proposal:
1. 1959 SURVIVOR PRE-RETIREMENT DEATH BENEFIT PROGRAM
City to amend the CalPERS contract to upgrade the 1959 Survivor Pre-
Retirement Death Benefit Program from the Basic Level to the Fourth
Level. POA to pay any and all costs resulting from this change and each
employee to pay monthly cost of $2.00. Any future changes to the
employee monthly contribution will be paid by the employee and any
future increased cost to the City related to this program will be paid by
POA.
2. LONG TERM DISABILITY BENEFIT CHANGE
For sworn officers the BPPA proposes changing the current Long Term
Disability Plan to the Long term Disability Plan provided by the California
Law Enforcement Association (CLEA), This benefit, Plan A, would be
provided to all sworn members. The city will continue to pay the premium,
but POA members will be taxed on the value of that premium. No future
changes would be made without the meet and confer process.
For non-sworn members, the city agrees to solicit bids for a policy with
improved benefits and better rate.
'Implementation of this benefit would save the city approximately
$50,000.00 per year.
3. SICK TIME BANK CONVERSION
For sworn officer the BPPA proposes the creation of a second Sick Time Bank
which will accrue all sick time in excess of the cap. All hours of sick leave
accrued above the cap, shall not be subject to any cash out provisions and may
only be used for conversion of additional service credit upon retirement with
PERS. The City will agree to discuss a catastrophic illness policy for usage of
sick leave bank above the capped limit for usage undercurrent MOU provisions.
The city agrees to explore the possibility of creating the same type of bank for
non -sworn BPPA members. In the event an agreement is reached, the BPPA
agrees to amend the MOU for that particular benefit.
'Implementation of this benefit could save the city approximately $50,000.00
4. ADD ONE VENDOR TO THE LIST OF APPROVED UNIFORM
VENDORS
This is a no cost item which would increase the number of vendors
allowed from 6 to 7.
5. TERM
July 1, 2010 through June 30, 2012.
The BPPA agrees to participate in regular, on -going discussions that shall
commence no later than October 1, 2011. The subject matter of the
meetings shall be any and all means by which existing terms and
conditions of employment can be more economically provided /funded than
is presently the situation and to address available means by which to
reduce the costs of providing services to the City.
���r�
City Negotiation Team:
Lorena Quijano Finance Director
Leticia Lara, Human Resources Manager
BPPA Team:
Mark Adams, Vice President
Bill Root, Sworn Representative
Jason Adams, Negotiator /Financial Advisor
r -A,R - K
DATE: September 1, 2011
City of Baldwin Park
Memorandum
TO: Chris Kuberry, President, Police Officers Association (POA)
FROM: Leticia Lara, Human Resources Manager, City of Baldwin Park
SUBJECT: CITY - POLICE OFFICERS ASSOCIATION (POA) NEGOTIATIONS
The City is hereby responding to the Police Officers Association's proposal which was submitted on
June 21, 2010. The City submits the following counter proposal for a nineteen (19) month contract:
1. 1959 SURVIVOR PRE- RETIREMENT DEATH BENEFIT PROGRAM
City to amend the CalPERS contract to upgrade the 1959 Survivor Pre - Retirement Death
Benefit Program from the Basic Level to the Fourth Level. POA to pay any and all costs
resulting from this change and each employee to pay monthly cost of $2.00. Any future
changes to the employee monthly contribution will be paid by the employee and any
future increased cost to the City related to this program will be paid by POA.
2. LONG TERM DISABILITY BENEFITS
The parties agree that both the POA and City representatives will continue to review the
Long Term Disability Plan proposal submitted by the California Law Enforcement
Association (CLEA). It is imperative that the POA obtain a comparative analysis of
the proposed CLEA Summary Plan Description to determine the full extent of the
LTD proposed plan provisions as compared to the existing STD and LTD plans.
Prior to making a final recommendation and/or determination to change from the existing
plan provider, other market proposals will be considered for comparative purposes.
The City agrees to add one additional vendor to the list of approved vendors to increase
the total number from six (6) to seven (7).
�.5
4. TERM
July 1, 2010 through and including January 31, 2012.
The City rejects all POA proposals not specifically addressed above.
DISTRIBUTION LIST
Police Officers Association Team Members:
Mark Adams, Vice President
Bill Root, Sworn Representative
Jason Adams, Negotiator/Financial Advisor
City Negotiation Team:
Lorena Quijano, Finance Director
cc: Mr. Vijay Singhal, CEO, City of Baldwin Park
City of Baldwin Park
BALDWIN Memorandum
P , A, R, K
11
DATE: May 2, 2012
TO: William Root, President, Police Officers Association,
g
FROM: Leticia Lara, Human Resources Manager, City of Baldwin Park
SUBJECT: City Meet and Confer Proposal (Fiscal Year 2012-2015)
City meet and confer representatives would like to submit the following proposal for a multi-
year contract for Fiscal Years 2012 -2015 MOU:
February 1, 2012 through and including June 30, 2015.
A. Employee Contribution Rates:
SWORN EMPLOYEES
New Employees, hired on, or after September 1, 2012, shall contribute 9%.
Effective September 1, 2012, current sworn employees shall contribute 9%.
kv
NON-SWORN EMPLOYEES
New Employees, hired on, or after September 1, 2012, shall contribute 8%.
Effective September 1, 2012, current eligible members shall contribute an additional 5%,
for a total of 8%.
B. Retirement Formula:
SWORN EMPLOYEES
New Employees, hired on, or after September 1, 2012, shall be subject to the 2%(a)-55
retirement formula.
Eligible members employed prior to the effective date of the City's contract amendment shall
remain eligible for retirement benefits with the current 3%@50 retirement formula.
ff"Wd-
4b
B. Retirement Formula:
New Employees, hired on, or after September 1, 2012, shall be subject to the 2%60
retirement formula.
Eligible members employed prior to the effective date of the City's contract amendment shall
remain eligible for retirement benefits with the current 2.7%@55 retirement formula.
The period for determining the average monthly pay rate when calculating retirement benefits
will be changed to the 36 highest paid consecutive months (applicable only to members
retiring or whose death occurs after the effective date of the contract amendment).
III, Health insurance
Effective September 1, 2012, the City will pay $1200 per month towards a current available
City provided health plan of the employee's choice and any unused funds shall not be paid
to the employee as taxable income.
IV. Retiree Health Benefits
New Employees, hired on, or after September 1, 2012, who subsequently retire from the
City will receive health benefits set at $112 /month. This amount is based on the current
Public Employees' Medical and Hospital Care Act (PEHMCA).
V. Medicare
The City reserves the right to submit a supplemental proposal which would provide the options
for reduction in retiree health based upon Medicare eligibility.
1 . -'.•.•
cc: POA Negotiation Team Members: Jason Adams, Chris Kuberry, Mark Adams
City Negotiation Team Members: Lorena Quijano, Finance Director
Mr. Vijay Singhal, CEO, City of Baldwin Park
MANAGEMENT ASSOCIATION
111A IN: 8 M I an • - •
SEPTEMBER 10, 2012
PREFATORY
These Associations have repeatedly stated that their goals are to work with the City and be a
productive and contributing force in dealing with the current budget constraints. i, ver the past
few years, the Associations have provided the City with various cost savings and revenue
generating proposals. to assist the City in solving its deficit and operate more efficiently. Some
of these proposals are "outside the box" and not within the scope of normal operations of the
police department. Nonetheless, they demonstrate a willingness to contribute towards a
workable solution. Some of the proposals include the following:
1. Adoption of CL EA Disability Benefit*-
-there is no direct expense to implement this plan.
-this proposal already saved an estimated $35,000 annual premium to the City, due to
response letter of retention from Wells Fargo (Broker of Record) for current disability
benefit
-The cost of this plan will reduce the City obligation for the Police Department by
approximately $50,000 annually.
-In the event this plan is adopted, the PD sworn employees would be removed from the
current disability insurance plan, this would likely result in another estimated $50,000 to
$75,000 annually for the remaining city employees on the current disability plan
maintained by the City. TOTAL POTENTIAL ANNUAL SAVINGS: $135,000-
$155,000.
2. Review Insurance Contracts Citywide:
-It was discovered during our attempted implementation of the CLEA disability plan, that
none or very few insurance plans within the City had been reviewed for cost savings,
This is surprising, given the current economic environment the City finds itself in.
TOTAL POTENTIAL ANNUAL SAVINGS: Unknown.
3. Review City Vehicle Storage Policies.
-City council employed policy, which was directed. by the Chief of Police to no longer
impound vehicles for 30 days (unlicensed drivers), Only under exceptions is this practice
currently don N This was a, significant financial loss to the City general fund of
approximately KOO,000 annually,
St a 08)4
4. Review Actual Anif Proposed Budget Of The Police Department (actual staffing
level):
ka^hrncti+_
-e 7
-For at least the last three years, starting in 2009 and the duration of our time outside, of a
contract with the City, the police department has been budgeted for and shown to actually
spend for either 78 or 81 officer positions (including 1 funded Lieutenant position), Our
operations have consistently shown actual employment of 8 -10 officers less than this
budgeted for proposed and actual number. Assuming each officer would be an annual
estimate cost of $125,000 (including the Lieutenant position) and multiplying this times 8
officers annually = $1,000,000 annual savings.
-The actual budgets from the prior three years of operation, demonstrate these funded
positions as actual officers in funded positions. These positions have not been filled and
these numbers are a fabrication of the truth of real actual expense of the police
department operations. This presents the police department and our operations in a poor
light. Possible straight forward representation of these employment cost could provide
actual budgeted dollars to apply to other areas of cost within the police department
(retiree health, PERS contributions, subtracted from the annual operating cost of the dept
to present a more factual representation of the departments true expense). Annual
Savings- $1,000,000
Iff
10. Implement CA&Retirex—..enli"JkT4&Vn,%A4L;.caI Tnriist-
-in an effort to contain costs and control the future medical retirement, implement or join
an existing medical retirement trust. With the cost saving demonstrated above, some of
the deficit explained by the City are projections for future costs. To change the cost
structure or remove the cost from the City general funds could provide significant benefit
to the City going forward. A detailed analysis of this could be done with the cooperation
of the City. This could be inexpensively employed by joining an existing trust.
UNKNOWN SAVING, UNKNOWN FUTURE SAVINGS AND A SUCCESFUL
STRATEGY EMPLOYED BY OTHER SURROUNDING CITIES.
6. Review City utility tax revenue:
.a Los Angeles county report dated June 30, 2008, shows the Baldwin Park City tax rate
of 3%. It is unknown if this has increased. However, Los Angeles County utility tax rate
of cities shows Baldwin Park to be the lowest and in other cities show between 7 -10%.
-revenue for this tax in 2008 was $2,390,000. This is concerning for the PD, because part
of the utility tax was implemented to provide public safety within Baldwin Park.
-independent audit of the City financials, paid for by the BPPOA and BPMA, shows no
utility tax revenue income for 2011. Where is this income from the community and can
this tax be increased, instead of proposing an additional sales tax. Possible annual
income / savings: $2,390,000.
7. Code Enforcement management-,
Utilize the Code Enforcement Department as enforcement of public safety entity within
the City. Allow the department to be overseen and inclusive of the police department,
utilizing this department as a successful compliance tool for public safety and compliance
within the scope of Baldwin Park Municipal Codes. With current staffing, utilize
community oriented policing to increase the safety and public well being within the City.
In cooperation with the police department, identify areas of municipal codes and building
codes implement a zero tolerance policy and have designed compliance with the City
codes through monetary damages (Citations). Increase this citation revenue with greater
oversight, greater cooperation, and problem identification efficiency. We believe 2011
citation revenue was estimated at $60,000. Unknown savings, but should be
substantial.
8. Outsource of police vehicle maintenance:
Conduct a cost proposal to have an outside agency service the police vehicles. The
benefit to the City would be relieving a already depleted yard/ garage staff which is
overworked and understaffed. Outside of the police department the City is responsible for
maintaining multiple vehicles. More efficient and speedy service of PD vehicles could
reduce repair costs with more proactive and more frequent preventative maintenance. In
addition, this could eliminate the additional expense of vehicle management, which the
City charges the PD, per vehicle on an annual basis. Potential annual savings
unknown.
►. Elimination of Committed Budget Stabilization Fund:
-As explained by an independent audit, based upon the general fund asset as of June 30,
2011. The 10% Budget Stabilization Fund is defined by resources constrained to specific
purpose by a formal action of the City Council, such as an ordinance or resolution. This
is established by Baldwin Park as 1010. Establishment of this fund could be eliminated
by a subsequent Council action, freeing up the money to be used for any legal purpose.
This fund account as of June 30, 2011 was $2,477,618 of which could be applied to
other uses within the City.
10. Review Internal Services Funds
--As explained by an independent audit, based upon the general fund asset as of June 30,
2011. The city should assess the actuarial assumptions being used to calculate these long
term liabilities. The City currently uses an analysis that calculates the liabilities at an
80% or higher confidence level and as a result the City must place monies into reserve to
cover the assumed liability, taking money away from iCity operations. THIS IS NOT
CONSISTENT WITH THE PRACTICES OF MANY OF THE LARGEST AND
HIGHEST RATED CALEFORNIA CITIES AND COILNTIES. Los Angeles County and
City, and County of San Francisco fund insurance claim costs on the budget on a pay-as-
you -go basis, This is without maintaining separately dedicated reserves in an internal
service fund. As of the time of this information this would free up an additional
$1,900,000, which his currently being offset by reserve projections.
E7M3=
1. 1959 SURVIVOR PRE-RETIREMENT DEATH BENEFIT PROGRAM: City to amend
the CaIPERS contract to upgrade the 1959 Survivor Pre-Retirement Death Benefit Program from
the Basic Level to the Fourth Level. POA to pay any and all costs resulting from this change and
each employee to pay monthly cost of $2,00. Any future changes to the employee monthly
contribution will be paid by the employee and any future increased cost to the City related to this
program will be paid by POA.
rd
2. LONG TERM -DISABILITY BENEFITS: The parties agree that both the POA and City
representatives will continue to review the Long Term Disability Plan proposal submitted by the
California Law Enforcement Association (CLEA). it is imperative that the POA obtain a
comparative analysis of the proposed CLEA Summary Plan Description to determine the full
extent of the LTD proposed plan provisions as compared to the existing STD and LTD plans.
Prior to making afinal recommendation and/or determination to change from the existing plan
provider, other market proposals will be considered for comparative purposes.
al vendor to
tNADIMMN4L UNIFORM VENDOR. The City agrees to add one addition
P '2Xors to increase the total number from six (6) to seven (7).
_ 11 of approved ve
4, TERM
Proposed:
February 1, 2012 through June 30, 2015
Response:
Counter with new contract term through February 1, 2016,
5. CaIPERS
Proposed:
Sworn: New employees pay 9% EE PERS contribution. Effective 9/1/12, current
employees shall contributed 9%;
Non Sworn: New employees pay 8% EE PERS contribution. Effective 9/1112,
current employees pay an additional 5% bringing total to 8%.
Response:
Sworn: Accept 9% contribution to be phased over the term of this contract
through February 1, 2016 (starting 3% Feb. 1, 2013, 3 %a Feb 1, 2014, 3% Feb. 1,
2015) contingent upon offsetting cost of living increases (3%, 3%, 301b),
Non-sworn: Accept a total contribution of 8%, starting with 3% Feb 2014 and 2%
on Feb 2015 contingent upon offsetting cost of living increases built in at each
date outlined above.
6, RETIREMENT BENEFIT
Proposed:
Sworn: 2%@55 for new hires with 3 year averaging;
Non-Sworn: 2%@60 for new hires with 3 year averaging.
Response:.
Sworn: New hires after February 1., 2013 are subject to the 3@55 retirement
formula; accept change to 3 year averaging for new hires.
Non Sworn; Reject; new hires and current will remain and are subject to the
current retirement formula of 2.7%@55,
HEALTH INSURANCE
Emposed-
Effective 9/1/12, City will remove the cash out option from the $1200 per month
towards health insurance.
Response:
Reject.
8. RETIREE HEALTH INSURA
Proposed:
Reduce retiree health insurance to PEHMCA statutory minimum.
Re
Reject.
RESPONSE ro WORKFORCE. REDUCTION, PROPOSAL
9. WORKFORCE REDUCTI
Pro lRused
-
Eliminate two records classifications.
Response:
Reject as these positions are crucial to the day to day operations of the Police
Department. Removing these positions would negatively impact the skeleton
police force that exists now, in turn negatively impacting public safety.
ASSOCIATIONS' ADDITIONAL ITEMS FOR NEGOTIATION
10. INCREASE OF RESERVE PAY
Pro
The City's current movement is to divert essential resources to reserve officers by
increasing their pay.
Response:
The Associations believe that replacing permanent police officers with reserve
officers will negatively impact public safety. In 2011, the Chief of Police, City
Council and City Manager each stated on the record that Baldwin Park is a safe
city with low crime rates as a result of the work performed by the full time sworn
'$olice officers. Removing permanent police officers with part time reserve
officers will reduce the successes achieved to date. In addition, clarify that the
use of reserve officers does not count towards staffing level of 69 sworn officers.
0
P- A,&, K
DATE: November 29, 2012
M Police Officers Association
FROM: Leticia Lara, Human Resources Manager, City of Baldwin Park
SUBJECT: City Meet and Confer Proposal (Fiscal Year 2012=2015)
City meet and confer representatives submit the following proposal for a multiyear contract
for Fiscal Years 2012-2015 MOU:
February 1, 2012 through and including June 30, 2015.
A. Employee Contribution Rates:
SWORN EMPLOYEES
Unit safety employees hired prior to January 1, 2013 shall individually fund
100% of the statutorily mandated employee PERS normal contribution,
presently 9% of compensation. Said payment shall commence on January
1, 2013 or as soon as the City can adopt the necessary PERS resolutions
enabling said payments.
NON-SWORN EMPLOYEES
Unit miscellaneous employees hired prior to January 1, 2013 shall individually fund 100%
of the statutorily mandated employee PERS normal contribution, presently 8% of
compensation. Said payment shall commence on January 1, 2013 or as soon as the City
can adopt the necessary PERS resolutions enabling said payments.
B. AB 340 Compliance:
Applicable as to all unit members who are "New Members" or "New Employees" as
defined in the California Public Employees' Pension Reform Act of 2013:
The City's contract with CALPERS for affected employees who are New Employees" or
"New Members" as defined in AB 340, shall include the following:
(1) For safety members, 2.7%@57 retirement formula (California Government Code
Section 7522.25(d))
(2) For miscellaneous members, 2.5%@67 retirement formula (California Government
Code § 7522.20)
(3) Final Compensation based on the average of the highest consecutive thirty-six
months (California Government Code Section 7522.32).
(4) The "New Member" or "New Employee" shall pay 50% of the applicable normal cost
member contribution (California Government Code Section 7522.30(c)).
111. Health Insurance
Effective September 1, 2012, the City will pay $1200 per month towards a current available
City provided health plan of the employee's choice and any unused funds shall not be paid
to the employee as taxable income.
IV. Retiree Health Benefits
New Employees, hired on, or after September 1, 2012, who subsequently retire from the
City will receive health benefits set at $112/month. This amount is based on the current
Public Employees' Medical and Hospital Care Act (PEMCHA).
V. Medicare
The City reserves the right to submit a supplemental proposal which would provide the options
for reduction in retiree health based upon Medicare eligibility.
VI. Reopene
As of this date, the City is participating in an LASO Phase 11 Study, the results of which would
allow future consideration of possible future contracting with the LASO for provision of law
enforcement services. If during the term of this MOU, the City Council issues a future
determination resulting in a decision to contract for said services with the LASO, the MOU shall
be reopened to address meet and confer obligations mandated by the Rialto case.
19099;N
P • A - K, K
aLT • • - .
ITenorandum
DATE: November 29, 2012 (AMENDED)
M Police Officers Association
SUBJECT: City Meet and Confer Proposal (Fiscal Year 2012 -2015)
City meet and confer representatives submit the following proposal for a multiyear contract
for Fiscal Years 2012 -2015 MOU:
MEME
February 1, 2012 through and including June 30, 2015.CalPERS
A. Employee Contribution Rates:
SWORN EMPLOYEES
Unit safety employees hired prior to January 1, 2013 shall individually fund
100% of the statutorily mandated employee PERS normal contribution,
presently 9% of compensation. Said payment shall commence on January
1, 2013 or as soon as the City can adopt the necessary PERS resolutions
enabling said payments.
NON -SWORN EMPLOYEES
Unit miscellaneous employees hired prior to January 1, 2013 shall individually fund 100%
of the statutorily mandated employee PERS normal contribution, presently 8% of
compensation. Said payment shall commence on January 1, 2013 or as soon as the City
can adopt the necessary PERS resolutions enabling said payments.
B. AB 340 Compliance:
Applicable as to all unit members who are "New Members" or "New Employees" as
defined in the California Public Employees' Pension Reform Act of 2013:
The City's contract with CALPERS for affected employees who are New Employees" or
"New Members" as defined in AB 340, shall include the following:
649754.2 BA020 -110
(1) For safety members, 2.7%@57 retirement formula (California Government Code
Section 7522.25(4))
(2) For miscellaneous members, 2.5%@67 retirement formula (California Government
Code § 7522.20)
(3) Final Compensation based on the average of the highest consecutive thirty-six
months (California Government Code Section 7522.32).
(4) The "New Member" or "New Employee" shall pay 50% of the applicable normal cost
member contribution (California Government Code Section 7522.30(c)).
Ill. Health insurance
Effective January 1, 2013, the City will pay $1200 per month towards a current available City
provided health plan of the employee's choice and any unused funds shall not be paid to
the employee as taxable income.
IV. Retiree Health Benefits
New Employees, hired on, or after January 1, 2013, who subsequently retire from the
City will receive health benefits set at the statutory minimum provided for by Government
Code § 22892. This amount is based on the current Public Employees' Medical and
Hospital Care Act (PEMCHA).
V. Medicare
The City reserves the right to submit a supplemental proposal which would provide the options
for reduction in retiree health based upon Medicare eligibility.
01027-=
As of this date, the City is participating in an LASO Phase 11 Study, the results of which would
allow future consideration of possible future contracting with the LASO for provision of law
enforcement services. If during the term of this MOU, the City Council issues a future
determination resulting in a decision to propose to the Association that the City shall contract
for said services with the LASO, the MOU shall be reopened to address meet and confer
obligations mandated by the Riafto case.
rA(Y7rA I Q A 011) 1 10
■■ 1
LLL/
Ifflel
3 :0] V,
DATE:
CITY OF BALDWIN PARK Staff Report
Honorable Mayor and Members of the City Council
Leticia Lara, Human Resources Mang r
October 16, 2013
SUBJECT: Summary of Meet and Confer Sessions with Police Officers
Association (POA) regarding Memorandum of Understanding
PURPOSE
The purpose of this report is to provide City Council with the dates in which City negotiators held meet
and confer sessions with POA regarding a successor Memorandum of Understanding.
2010
In total, City Negotiators conducted six (6) Meet and confer session with POA representatives:
June 21, June 28, July 6, July 21, August 10, and October 12, 2010
2011
In total, City Negotiators conducted five (5) Meet and confer session with POA representatives:
June 29, July 27, August 30, October 18, and November 13, 2011
2012
In total, City Negotiators conducted six (6) Meet and confer session with POA representatives:
January 10, May 2, September 10, September 18, November 13, and November 29, 2012
In total, City Negotiators conducted two (2) Meet and confer session with POA representatives:
September 11 and October 3, 2013
It is recommended the City Council receive and file this report.
Staff Report Update on Police Officers Association Labor Negotiations
Attachment #10
TO: Honorable Mayor and City Council Members
FROM: Marc Castagnola, AICP, Community Development M
DATE: October 16, 2013
SUBJECT: CONTINUED FROM OCTOBER 2, 2013. An amendment to the
City's Municipal Code adding Section 153.170.107 relating to
the creation of a Comprehensive Sign Program; and the
adoption of the Negative Declaration of Environmental Impact
(Applicant: Kaiser Permanente; Case Number: Aac-1177411
=Zlaelzi
This report requests the City Council consider the following:
(1) Amendment to the City's Municipal Code (AZC-174) adding Section
153.170.107 relating to the creation of a Comprehensive Sign
Program; and
(2) Initial Study and Negative Declaration of Environmental Impact for
AZC-174.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)/NOTICING
In accordance with the provisions of the California Environment Quality Act (CEQA), it
has been determined that the proposed project will not have a significant impact on the
environment and a Draft Negative Declaration of Environmental Impact has been
prepared by the Planning Division. A Notice of Intent inviting public comment on the
Initial Study/Negative Declaration of Environmental Impact was posted at City Hall,
Barnes Park and the Esther Snyder Community Center on Thursday, August 1, 2013
and concluded Wednesday, August 21, 2013.
At the conclusion of the public review period, no comments were received on the Initial
Study. Subsequently, the Planning Commission considered the Negative Declaration of
Environmental Impact and recommended the City Council approve the same.
A Notice of Public Hearing for the proposed code amendment was posted at City Hall,
Baldwin Park Community Center, and Barnes Park on Thursday, September 12, 2013.
AZC- 174
October 16, 2013
Paqe 2
•�
In May 2012, the City adopted a comprehensive zoning code amendment established
to regulate the use of land within the city. As part of the zoning code update new
provisions were established that regulate sign or advertising displays that are erected or
maintained within the city. New development standards were set for non - exempt signs
as defined in the City's Code. Depending on the zoning designation and sign type there
are certain limitations on the number of signs, sign face area and height.
However, certain development standards within the City's Sign Regulation section of
the Municipal Code, when applied to certain properties, present a hardship to some
property owners. Typically, large scale retail developments as well as irregularly large
commercial developments seem to face said hardship. For example, current
development standards do not accommodate adequate signage for larger big box
development and do not provide adequate signage scale given the size of a big box
building. In some cases, larger scale developments are faced with a dilemma in which
signage is not sufficient.
Earlier this year, Kaiser Permanente submitted an application to amend the City's
Municipal Code to allow more than the maximum allowable number of
freestanding /monument signs, to allow more than the maximum allowable sign face
area and height for on -site directional signage, and to allow more than the allowable
sign face area for a directory sign when the appropriate criteria is present at the subject
site.
fflf �TI+ lffl
The purpose of a comprehensive sign program is to enhance the overall development
of the City with signage which is in harmony with, and relates visually to other signs
included in the comprehensive sign program, and relates to the structures or
developments they identify.
The proposed ordinance (Attachment #3) will apply to non - exempt signs, as defined in
Section 153.170.040 (C) of the City's Municipal Code, within the Mixed Use,
Commercial, and Industrial Zones. The proposed ordinance will add a new section to
the City's sign regulations which will allow for the creation of a comprehensive sign
program in order to provide a means for the flexible application of the City's sign
regulations, allowing for latitude in the design and display of multiple signs, while not
circumventing the overall sign regulations contained in Subchapter 153.170.
In general, a comprehensive sign program may modify the development standards
relating to sign number, size, height, illumination, location, or orientation. Staff is
proposing that a sign program be available when the following circumstances exist:
1. Whenever the floor area is in excess of 25,000 square feet,
C:\AmyWMY\WORD \Reports\Council Reports\AZC -174 #4.DOC
AZC -174
October 16, 2013
Page 3
2. Whenever five or more separate commercial or industrial tenant spaces
are present on the same site;
3. Whenever the City Planner determines that a comprehensive sign
program is needed because of special project characteristics (e.g., the
size of proposed signs, limited site visibility, the location of the site
relative to other lots, buildings, or streets, etc.).
A proposed sign program must comply with these minimum standards:
1. The proposed sign program shall comply with the purpose and intent of
this chapter;
2. The proposed signs shall enhance the overall development, be in
harmony with, and relate visually to other signs included in the
comprehensive sign program, to the structures and /or developments they
identify, and to surrounding development when applicable;
3. The sign program shall address all signs, including permanent,
temporary, and exempt signs,
4. The sign program shall accommodate future revisions that may be
required because of changes in use or commercial tenants;
5. The sign program shall comply with the standards of Subchapter
153.170.107, except that deviations are allowed with regard to sign area,
total number, location, and /or height of signs to the extent that the
comprehensive sign program will enhance the overall development and
will more fully accomplish the purposes and intent of this subchapter;
6. Approval of a comprehensive sign program shall not authorize the use of
signs prohibited by this subchapter; and
7. Review and approval of a comprehensive sign program shall not consider
the signs' proposed message content.
Findings shall be made by the Community Development Director for each
comprehensive sign program, including:
1. The comprehensive sign program complies with the purpose of this
subchapter, and the Baldwin Park Design Guidelines;
2. Proposed signs enhance the overall development and are in harmony
with other signs included in the plan, and with the structures they identify
and with surrounding development,
CAAmy\AMY\WORD \Reports \Council ReportMAK-1 74 #4.DOC
AZC -174
October 16, 2013
Paqe 4
3. The comprehensive sign program contains provisions to accommodate
future revisions that may be required because of changes in use or
tenants; and
4. The comprehensive sign program complies with the standards of this
subchapter, except that flexibility is allowed with regard to sign area,
number, location, and /or height to the extent that the signs proposed
under the comprehensive sign program will enhance the overall
development, achieve superior quality design, and will more fully
accomplish the purposes of this subchapter.
In order to be business friendly, staff is proposing the Community Development Director
shall have the approval authority for a comprehensive sign program. Should an
Applicant be aggrieved by the Director's decision regarding a comprehensive sign
program, the decision may be appealed to the Planning Commission and ultimately the
City Council as the final authority 1BPMC Section 153.210.150 }.
A sign program application shall be created for a comprehensive sign program and
shall include all the information and materials required by the Planning Division for a
Sign Program Review including a filling fee.
Although signs can provide a reliable means of advertising for a business, they also can
be detrimental to aesthetics and welfare of the community. By implementing the
proposed ordinance which contains new requirements and development standards, the
City can maintain its local land use control and also improve the community's aesthetics
with the removal of older, out -of -date signs throughout various commercial
developments to new signs that create a unified architectural statement and are
appropriate given the scale of developments and other factors.
At their meeting on August 28, 2013 the Planning Commission voted 4 -0 to adopt PC
13 -22, recommending that the City Council adopt the Negative Declaration of
Environmental Impact and approve that addition of Section 153.170.107 to the City's
Municipal Code. This recommendation includes language that the Community
Development Director has review and approval authority for any proposed
comprehensive sign program.
However, since the Planning Commission took action, staff has included an option for
the City Council to include language in the ordinance that has the Planning Commission
be the approval authority of any proposed comprehensive sign program as opposed to
the Community Development Director.
C: Amy\AMY\WORD\Reports \Council Reports\AZC -174 #4.DOC
AZC -174
October 16, 2013
Paqe 5
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney's Office as to legal
form and content.
Staff recommends City Council to adopt Resolution 2013 -035 titled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND
ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR
AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO
COMPREHENSIVE SIGN PROGRAMS. (APPLICANT: KAISER PERMANENTS;
CASE NUMBER: AZC- 174)." and
Staff recommends City Council Introduce by first reading by title only Ordinance 1359,
"AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING
SECTION 153.170.107 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO
COMPREHENSIVE SIGN PROGRAMS. (LOCATION: ALL COMMERCIAL,
INDUSTRIAL AND MIXED USE ZONES; APPLICANT: KAISER PERMANENTS;
CASE NUMBER: AZC- 174)."
#1, Resolution 2013 -035
#2, Initial Study and Negative Declaration
#3, Proposed Draft Ordinance 1359
Report Prepared By: Humberto Quintana, Community Development Liaison.
C:WmyWMYMORD\Reports \Council ReporWAZC -174 #4.DOC
J i a
� � � a i
RESOLUTION NO. 2013-035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK APPROVING AND ADOPTING THE
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE
RELATING TO COMPREHENSIVE SIGN PROGRAMS
(LOCATION: ALL COMMERCIAL, INDUSTRIAL AND
MIXED USE ZONES WITHIN THE CITY OF BALDWIN
PARK; APPLICANT: KAISER PERMANENTS; CASE NO.:
AZC-1 74)
WHEREAS, the City of Baldwin Park currently does not permit
comprehensive sign programs within the City; and
WHEREAS, owners of commercial developments, at times, experience a
hardship given current sign development standards given certain irregularities with the
site-, and
WHEREAS, Kaiser Permanente approached the City about amending the
code to allow for comprehensive sign programs-, and
WHEREAS, the creation of a comprehensive sign program creates a
unified architectural statement; and
WHEREAS, the proposed regulations have been proposed to permit
comprehensive sign programs by amending the Baldwin Park Municipal Code, adding
Section 153.170.107 relating to the creation of a Comprehensive Sign Program. Case
Number AZC-1 74 (the "Project") as described more particularly in the information on file
with the Planning Division-,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK DOES HEREBY RESOLVE AS FOLLOWS:
that:
SECTION 1. The City Council does hereby find, determine and declare
A. An Initial Study and Negative Declaration of Environmental
Impact were prepared for the Project in accordance with the provisions of
the California Environmental Quality Act (CEQA) and the State CEQA
Guidelines.
B. The Initial Study and Negative Declaration were made
available to the public for review and comment as required by law.
C. A properly noticed public hearing was held by the Planning
Commission of the City of Baldwin Park on August 28, 2013, at which time
Resolution 2013-035
Page 2
evidence was heard on the Initial Study and Negative Declaration. At the
hearing, the Planning Commission fully reviewed and carefully considered
that evidence, no additional comments were received at the hearing, and
the Planning Commission recommended approval of the negative
declaration for the Project.
D. A properly noticed public hearing was held by the City
Council of the City of Baldwin Park on October 2, 2013, at which time
evidence was heard on the Initial Study and Negative Declaration. At the
hearing, the City Council fully reviewed and carefully considered them,
together with any comments received during the public review period.
SECTION 2. The City Council reviewed and considered the Negative Declaration
of Environmental Impact and determined the Project will not have a significant impact on
the environment. The Negative Declaration is therefore hereby approved.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution and
forward a copy hereof to the Secretary of the Planning Commission.
PASSED AND APPROVED this 16th day of October 2013.
Resolution 2013-035
Page 3
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF BALDWIN PARK I
1, ALEJANDRA AVILA, City Clerk, of the City of Baldwin Park, do hereby certify
that the foregoing Resolution No. 2013-035 was duly and regularly approved and
adopted by the City Council of the City of Baldwin Park at a regular meeting thereof,
held on the 16th day of October, 2013 by the following vote:
-100000����
NOES: COUNCIL MEMBERS:
FA
ALEJANDRA AVILA
CITY CLERK
FAI 11
AZC-174
August, 2013
Initial Study
Negative Declaration
Prepared by.-
City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, CA 91706
Revised April 2010
DATE- July 3O.2013
APPLICANT- City of Baldwin Park
TYPE OFPERMIT: Amendment t0 the Municipal Code
FILE NO.: AZC-174
L[jC/\T|C}N OF PROJECT: All connrnenci8[ industrial and mixed use zones
throughout the City of Baldwin Park.
DESRUPT|ON OF PROJECT: An anle0d[n8Ot to the City's K8uRiCjpm/ Code
adding Section 153.17O.107tU the Baldwin Park Municipal Code relating addition
of language which would permit Comprehensive sign programs
It is the opinion of the
Zoning Administrator
UN Planning Commission
City Council
F-1 Other
that. upon review of the project, it has determined that the project will not have 8
significant effect upon the environment.
Mitigation Measures are attached
are not required
Community Development Liaison
Date(s) of Public Notice:
X Posting at three (3) locations- City Hall, Ester Snyder Community
and Barnes Park, August 1, 2013
Posting of the properties
Written notice to affected business owners
�mmdment1AZC-1 74wegaN"de*aramon.doc
INITIAL STUDY
Iql, ENVIRONMENTAL CHECKLIST FORM.1
Project Title: AZC-174
2. Lead agency name and address:
City nf Baldwin Park
Planning Division
14403 E. Pacific Avenue
Baldwin Park, CA 91706
(02S)812-52O1
3
4
5.
G�
7
Contact person and phone number: Humberto Quintana, Community Development Liaison
(626) 813-5261,
Project location: The proposed project may impact those zoning designations in which non'
exempt signs are permitted.
General Plan Designation(s): Neighborhood Commercial, General Commercial, Mixed Use,
Commercial-industrial, General Industrial, Public Facilities and Parks.
DESIGNATION LABEL
EXPLANATION
C-1
Neighborhood Commercial
C-2--
General Commercial
MU-1
Mixed Use 1
MU-2
Mixed Use 2
F-C I
Freeway Commercial
I-C
Industrial Commercial
0S
Open Space
Description of : (Describe the whole action involved, including but not limited to later
phases of the project, and any secondary, suppnrt, or off-site features necessary for its
implementation, Attach additional sheets ifneoeasary.)
Proposed project involves changes to the City's Municipal Code relating to
sign regulations. The proposed change will allow for the creation of
Comprehensive Sign Program(s) for non-exempt signs in order to create a
unified architectural statement. AConnprehensive Sign Program provides a
means for the flexible application of sign regulations in order to provide
incentive and latitude in the design and display of nnu(dp|e signs and to
achieve, not circumvent, the intent subchapter 153,17O. The Comprehensive
Sign Program may modify the standards relating to sign nunnber, size, height.
illumination, |ocation, ohenta±ion, or other aspects of signs,
B. Surrounding land uses and setting-. Briefly describe the project's surroundings:
AZC -174
August, 2013
Incorporated in 1956, the City of Baldwin Park is located approximately 17 miles
east of downtown Los Angeles. The intersection of the 1 -10 (San Bernardino) and
1 -605 (San Gabriel River) freeways lies near the southwest corner of this 6.8
square mile City. Although Baldwin Park is predominantly a residential bedroom
community, recent efforts have placed a greater emphasis on promoting
commercial and industrial land uses. However, the City is near "build- out ",
focusing efforts on the Redevelopment of land, especially within close proximity to
the freeway and within the City's Downtown area.
According to the 2010 Census, Baldwin Park has approximately 75,400 persons.
This is more than double the population in 1960. Baldwin Park is predominantly a
Hispanic working class community, since the 1990 Census, the City continues to
experience on -going increases with its Asian population, even though a decrease
in population was experienced between the 2000 Census and the 2010 Census.
Furthermore, the City has a considerably larger than average household size than
the County average, suggesting increased pressure on the City's housing stock
and the provision of services.
Other public agencies whose approval is required (e.g., permits, financing approval,
or participation agreement.)
No other public agencies other than the Planning Commission and/or City
Council of the City of Baldwin Park are required to approve this amendment to
the City's Municipal (Zoning) Code.
Revised Apr# 2010
W=7-
LEGEND
ALL COMMERCIAL INDUSTRIAL AND
MIXED USE ZONES
AZC -174
August, 2013
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages:
❑ Aesthetics ❑ Agriculture and Forestry Resources ❑ Air Quality
❑ Biological Resources ❑ Cultural resources ❑ Geology / Soils
❑ Greenhouse Gas Emissions ❑ Hazard & Hazardous Materials
❑ Land Use/ Planning
❑ Population /Housing
❑ Transportation / Traffic
❑ Mineral Resources
❑ Public Services
❑ .Utilities / Service Systems
DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation_
❑ Hydrology /Water Quality
El Noise
❑ Recreation
❑ Mandatory Findings of
Significance
1 find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because revisions in the project have been made by or agreed to by
the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
€ find that the proposed project MAY have a "potentially significant impact' or "potentially significant
unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in
an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMAACT
REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an earner EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to
that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upW the ppposed project, nothing further is required_
;Vs
Date
Revised Ap' 20 ?0
AZC-174
August, 2013
The explanation Ofeach issue should idenfif/
8) The SigOh§C@OC8 Criteria or threshold, if @DV' used to evaluate each question; and
b\ The mitigation measure identified, if 8DV, to reduce the impact to less than
significance.
a-d) No Impact. Due to its administrative nature, the Project will not result in any physical
dl@Dg8O to the 8DvinJDRl8Dt. Adoption of the Zoning Code /\m8Ddr08nt which includes
fl8Xibi|hx in the application Of sign regulations to @|lDVV sign pK}g[@FDS does not have the
potential to affect designated 5CeOiC vistas or other scenic [eSOUrC8S. |Dd/VidUG|
c0Dlpn9heOSiVe Sign program applications will he reviewed on 8 case-by-case basis in
accordance with CEQA at the time a complete application request is received by the City. No
aesthetic impacts will occur aG8 result Ofthe adoption Of the proposed Amendment.
Revised April 2010
Less Than
1. AESTHETICS Would the
Potentially Significant With Less Than
No Impact
project:
Significant Impact Mitigation Significant Impact
Incorporated
i a) Have a substantial adverse
effect on a scenic vista?
b) Substantially damage
scenic resources, including
but not limited to, trees, rock
outcroppings, and historic
buildings within a state scenic
c) Substantially degrade the
existing visual character or
quality of the site and its
d) Create a new source of
substantial light or glare which
would adversely affect day or
nighttime views in the area?
a-d) No Impact. Due to its administrative nature, the Project will not result in any physical
dl@Dg8O to the 8DvinJDRl8Dt. Adoption of the Zoning Code /\m8Ddr08nt which includes
fl8Xibi|hx in the application Of sign regulations to @|lDVV sign pK}g[@FDS does not have the
potential to affect designated 5CeOiC vistas or other scenic [eSOUrC8S. |Dd/VidUG|
c0Dlpn9heOSiVe Sign program applications will he reviewed on 8 case-by-case basis in
accordance with CEQA at the time a complete application request is received by the City. No
aesthetic impacts will occur aG8 result Ofthe adoption Of the proposed Amendment.
Revised April 2010
AZC-174
August, 2013
Less Than
Potentially
11. AGRICULTURE AND FORESTRY Significant With
I
Less Than
Significant Mitigation
RESOURCES Impact
Significant No Impact
Impact
Incorporated
In determining whether impacts to agricultural
resources are significant environmental effects, i
lead agencies may refer to the California
Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the
California Dept. of Conservation as an optional
model to use in assessing impacts on agriculture
and farmland. In determining whether impacts
to forest resources, including timberland, are
significant environmental effects, lead agencies
may refer to information compiled by the
California Department of Forestry and Fire
Protection regarding the state's inventory of
forest land, including the Forest and Range
Assessment Project and the Forest Legacy
Assessment project,- and forest carbon
measurement methodology provided in Forest
Protocols adopted by the California Air Resource
Board. Would the project:
a) Convert Prime Farmland, Unique Farmlani-
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California Resources
Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220 (g)), timberland
(as defined by Public Resources Code section
4526), or timberland zoned Timberland
Production (as defined by Government Code
section 51104(g))?
d) Results in loss of forest land or conversion of
forest land to non-forest use?
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of Farmland, to
non-agricultural use or conversion of forest land
to non-forest?
Revised April 2010
AZC-174
August, 2013
a-c) No Impact. Due to its administrative nature, the Project will not result in any physical
changes to the environment. The adoption of the proposed Amendment will not in itself have
a detrimental effect on Prime Farmland, Unique Farmland, or Farmland of Statewide
Importance. Any subsequent development consistent with the amended Municipal Code will
be reviewed as a project under CEQA, and therefore will be subject to a more detailed level
of environmental scrutiny.
I
Less Than
Less Than
Potentially
Ill. AIR QUL
AITY
Significant
Significant With
No
Significant
Mitigation
Impact
Impact
Impact 1
Incorporated
Where available, the significance criteria
established by the applicable air quality
management or air pollution control district I
may be relied upon to make the following
i determinations. Would the project:___
r
a) Conflict with or obstruct implementation
of the applicable air quality plan?
b) Violate any air standard or
contribute substantially to an existing or
rojected air quality violation?
c) Result in a cumulatively considerable net
I j increase of any criteria pollutant for which I
the project region is non-attainment under
an applicable federal or state ambient air
,.quality standard (including releasing
emissions which exceed quantitative
thresholds for 9zone p rec rs ?
d) Expose sensitive receptors to substantial I
pollutant concentrations?
ea e objectionable
ob ec nle odor s affecting a
substantial bCr
s antt i a nj be people?
I number of
a-e) No Impact. The adoption of the proposed Amendment will not conflict with or obstruct
the implementation of any applicable air quality plans. Further, it is incumbent upon the City
to comply with all applicable air quality standards established by the South Coast Air Quality
Management District (SCAQMD). Specifically, and when proposed and approved, the City
shall develop and implement appropriate measures to limit and control emissions resulting
from project-related construction activities, as well as implement SCAQMD strategies and
policies directed toward the reduction of mobile source emissions generated by project-
related traffic. All necessary SCAQMD permits will also be acquired (e.g. any permits
required for operation of equipment).
The adoption of the proposed Amendment will not result in a cumulatively considerable net
increase of any criteria pollutant for which the project region is non-attainment under any
applicable Federal or State ambient air quality standard (including releasing emissions which
exceed quantitative thresholds for ozone precursors).
The adoption of the proposed Amendment will not expose receptors to substantial pollutant
concentrations. This conclusion is based on the aforementioned environmental commitments
Revised April 2010
AZC-174
August, 2013
and the fact that any subsequent development projects will be assessed individually under
CEQA.
The Project itself will not create any objectionable odors. Subsequent potential impacts are
tempered by the application of the environmental commitments, and by the City's ability and
authority to review activities at the time a specific development project is proposed.
IV. BIOLOGICAL RESOURCES
Potentially
Significant
Less Than
Significant With
Less Than
Significant
No
Impact
Mitigation
Impact
impact
Incorporated
Would the project:
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive or special status species in local or
regional plans, policies, or regulations, or by
the California Department of Fish and Game
or U,S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional plans,
policies, regulations, or by the California
Department of Fish and Game or U.S. Fish
and Wildlife Service?
c) Have a substantial adverse effect on
federally protected wetlands as defined by
Section 404 of the Clean Water Act (including,
but not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling,
hydrological interruption, or other means?
d) Interfere substantially with the movement of
any native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use
of native wildlife nursery sites?
e) Conflict with any local policies or
ordinances protecting biological resources,
such as a tree preservation policy or
ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
a-f Na Impact. The City of Baldwin Park is completely urbanized and devoid of native
vegetation. No endangered or threatened plants or animals are known to exist within the City.
As described in the project description, the proposed amendment is of an administrative
nature and will not directly impact biological resources.
Revised April 2010
AZC -174
Auoust. 2013
V. CULTURAL RESOURCES
Potentially
Significant
Less Than
Significant With
Less Than
Significant
No
Impact
p
Mitigation
Impact
p
Impact
Incorporation
Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as defined
Q
in Section 15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to Section 15064.5?
c) Directly or indirectly destroy a unique
paleontological resource or site or unique
geological feature?
d) Disturb any human remains, including
those interred outside of formal cemeteries?
�(
a -d) No Impact. The City of Baldwin Park is generally affected by extensive urban
development, and in this regard, many cultural resources that may have existed at one time
within the City have either been successfully catalogued, recovered, and /or protected
consistent with the CEQA requirements, or been removed and /or destroyed. Further, as
previously stated, the Project is purely an administrative act, and will not directly impact
cultural resources.
VI. GEOLOGY AND SOILS
Potentially
Significant
Less Than
Significant With
Less Than
Significant
No
Impact
Mitigation
Impact
Impact
Incorporated
Would the project:
a) Expose people or structures to potential
substantial adverse effects, including
the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist- Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on
other substantial evidence of a known fault?
Refer to Division of Mines and Geology
Special Publication 42.
ii) Strong seismic ground shaking?
�(
iii) Seismic - related ground failure, including
liquefaction?
iv) Landslides?
Q
b) Result in substantial soil erosion or the
loss Of topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as
a result of the project, and potentially resu lt
[7[
in on or off -site landslide, lateral spreading,
subsidence, liquefaction or collapse?
Revised April 2010
AZC -174
August, 2013
VI. GEOLOGY AND SOILS
Potentially
Significant
Impact
p
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
p
No
Impact
d) Be located on expansive soil, as defined in
Table 18 -1 -B of the Uniform Building Code
(1994), creating substantial risk to life or
property?
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal systems
Q
where sewers are not available for the
I
disposal of waste water?
a) No Impact. The Southern California area is acknowledged as a seismically active region.
Accordingly, it is anticipated that environmental assessments prepared for uses that may be
operated pursuant to the amended Municipal Code will provide project- specific seismic
analyses, design recommendations, and appropriate mitigation of any potentially significant
seismic impacts.
In this regard, building officials and engineers have long - recognized the potential impacts of
earthquakes and ground shaking on structures. Appropriate measures which reduce the
effects of earthquakes are identified in the California Building Code (CBC), including specific
provisions for seismic design of structures. Short of a catastrophic event, design of structures
in accordance with the CBC and current professional engineering practices are sufficient to
reduce the effects of ground shaking below the level of significance. Further, as evidenced by
extensive development within the City, it is anticipated that any future site- specific geologic or
soils constraints which may be encountered can be accommodated within the context of
existing seismic design regulations, standards, and policies.
As supported by the preceding discussion, the Project does not have the potential to expose
people or structures to potential substantial adverse seismic effects. Similarly, the Project
does not have the potential to: result in substantial soil erosion or the loss of topsoil;
encourage or allow facilities to be located on a geologic unit or soil that is unstable, or that
would become unstable as a result of the Project, and potentially result in on- or off -site
landslide, lateral spreading, subsidence, liquefaction or collapse; or encourage or allow
facilities to be located on expansive soil, creating substantial risks to life or property.
bj No Impact. Due to its administrative nature, the Project does not have a direct impact on
the soil. Environmental review of proposals submitted pursuant to the Amendment will
provide for project - specific soil analysis, as well as the mitigation measures for any soil
conditions that may affect, or be affected by, such proposed projects. Compliance with
NPDES permit requirements, including an application of Best Management Practices (BMPs),
further reduces potential soils impacts. The Project will have no impact in this regard.
c,d) No Impact. As evidenced by extensive urban development, the City is generally suitable
for development, and is not substantially limited by unstable geologic conditions including
potential susceptibility to landsliding, lateral spreading, subsidence, liquefaction, or collapse.
Nor is there evidence that the City is widely affected by expansive soils conditions. Future
Revised Apfil 2010
AZC-174
August. 2013
development proposals will provide project- specific environmental review to determine
geologic/expansive soils impacts, and appropriate mitigation measures that may be required.
It is anticipated that compliance. with applicable provisions of the CBC, together with
application of accepted geologic/soils engineering practices will typically provide appropriate
design solutions for geologic conditions that may be encountered within the City, as such, no
impacts are anticipated.
e) No Impact. The City is generally improved with sanitary sewers connected to wastewater
treatment facilities, which would provide for treatment of wastewater. Since the proposed
amendment is an administrative act only, the existing use of septic tanks or alternative waste
water disposal systems that are currently operational will not be impacted.
Vil. GREENHOUSE EMISSIONS
Potentially
Significant
Less Than
Significant With
Less Than
Significant
No
MATERIALS
Impact
Mitigation
Impact
impact
Incorporated
Would the project:
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a significant
impact on the environment?
b) Have soils incapable of adequately supporting
the use of septic tanks or alternative waste water
disposal systems where sewers are not available
v'[
for th e disposal of waste water?
(
I
a-b) No Impact. Due to its administrative nature,
result in any physical changes to the environmen
generate new direct or indirect greenhouse gas
environment,
it is not anticipated that the Project will not
t. The Project does not have the potential to
emissions that may have an impact on the
Vill. HAZARDS AND HAZARDOUS
Potentially
Less Than
Significant With
Less Than
No
MATERIALS
Significant
Impact
Mitigation
Significant
Impact
Impact
Incorporated
Would the project:
-a) —Create"a—significant
hazard to the public or
the environment through the routine transport,
use, or disposal of hazardous materials?
b) Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
v'[
involving the release of hazardous materials
(
I
into the environment?
c) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile
of an existing or proposed school?
d) Be located on a site which is included on a
list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
Revised Aprit 2010
AZC -174
August, 2013
Vill. HAZARDS AND HAZARDOUS
Potentially
Less Than
Significant With
Less Than
No
MATERIALS
Significant
Impact
p
Mitigation
Significant
Impact
p
impact
Incorporated
environment?
e) For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public airport or
public use airport, would the project result in a
safety hazard for people residing or working in
the project area?
f) For a project within the vicinity of a private
airstrip, would the project result in a safetyr
hazard for people residing or working in the
project area?
g) Impair implementation of or physically
interfere with an adopted emergency response
[�
Plan or emergency evacuation plan?
h) Expose people or structures to a significant
_
risk of loss, injury or death involving wildland
fires, including where wildlands are adjacent
to urbanized areas or where residences are
intermixed with wildlands?
a -c) No Impact. Adoption of the proposed Amendment will not create a significant hazard to
the public or environment through the routine transport, use, or disposal of hazardous
materials. Nor will it create a significant hazard to the public or environment through
reasonably foreseeable upset and accident conditions involving the likely release of
hazardous materials into the environment.
The Project will not create the potential to emit hazardous emissions or involve the handling
of hazardous or acutely hazardous materials, substances or waste within one quarter mile of
an existing or proposed school. Any subsequent project that would be undertaken pursuant to
the amended Municipal Code would be required to investigate the implications of hazardous
materials. The study will include a complete assessment of potential hazards related to the
site and include measures to mitigate any identified impacts of the project
d) No Impact. Approval of the Project would not impact any sites identified on a list of
hazardous materials sites compiled pursuant to Government Code Section 65962.5. As
previously stated, any subsequent proposal which would be undertaken pursuant to the
amended Municipal Code would be reviewed pursuant to CEQA and would be required to
conduct a hazardous materials assessment. The study would include a complete assessment
of potential hazards related to the site and develop any requisite mitigation.
ej) No Impact. No public or private airstrips are located within the City of Baldwin Park. The
adoption of the proposed Amendment would not result in a safety hazard for people residing
or working in the project area. Any subsequent development in accordance with the
Revised April 2010
AZC -174
August, 2013
proposed amendment would be reviewed pursuant to CEQA at the time a complete
application is submitted for review and consideration.
g) No Impact. The Project does not propose, nor require, impairment or interference with an
adopted emergency response plan or emergency evacuation plan.
h) No Impact. No wilderness areas exist within the City, obviating any potential wildfire
hazards. Urban fire hazards within the City are largely related to structural fires, and are
typically due to carelessness and /or negligence. The adoption of the proposed Amendment
will not expose people or structures to a significant risk of loss, injury, or death involving
wildland fires, including where wildiands are adjacent to urbanized areas or where residences
are intermixed with wildland areas.
IX. HYDROLOGY AND WATER
Potentially
Significant
Less Than Significant With
Less Than
Significant
No
QUALITY
Impact
p
Mitigation
Impact
p
Impact
Incorporated
Would the project:
a) Violate any water quality standards or
waste discharge requirements?
b) Substantially deplete groundwater supplies
or interfere substantially with ground water
recharge such that there would be a net deficit
in aquifer volume or a lowering of the local
groundwater table levei(e.g. the production
�[
rate of pre0- edisting nearby wells would drop
to a level which would not support existing
land uses or planned uses for which permits
have been granted)?
c) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
Q
river, in a manner which would result in
substantial erosion or siltation on- or off -site?
d) Substantially alter the existing drainage
pattern of a site or an area, including through
the alteration of the course of a stream or
river, or substantially increase the rate or
amount of surface runoff in a manner which
would result in flooding on- or off -site?
e) Create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff?
i Otherwise substantially degrade water
quality?
g) Place housing within a 100 -year flood
hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate
Map or other flood hazard delineation map?
Revised April 2010
AZC -174
August, 2013
IX. HYDROLOGY AND WATER
Potentially
Less Than
Significant With
Less Than
No
QUALITY
Significant
Impact
p
Mitigation
Significant
Impact
p
Impact
Incorporated
h) Place within a 100 -year flood hazard area
structures which would impede or redirect
flood flows?
i) Expose people or structures to a significant
risk of loss, injury or death involving flooding,
including flooding as a result of the failure of a
levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
I
v�
a,f) No impact. Approval of the Project would not violate any water quality standards, nor
would it degrade water quality. As previously stated, the Project involves only administrative
changes to the Municipal Code. The area encompassing the City of Baldwin Park is currently
regulated by NPDLS permit and Regional Water Quality Control Board (RWQCB)
requirements supporting federal water quality standards and criteria established under the
Clean Water Act (CWA). Requirements and procedures established under these regulations
typically act to mitigate potential water quality impacts of new development, including any
future facilities that may be implemented pursuant to the amended Municipal Code. Further,
consistent with the requirements of CEQA, project- specific environmental analyses will be
performed on any future projects or facilities. On a project -by- project basis, these analyses
will individually assess potential water quality impacts and provide any mitigation measures if
necessary.
b) No Impact. The Project does not have the potential to directly affect groundwater supplies
or recharge. The City is generally served by three (3) local water companies (Valley County
Water District, San Gabriel Valley Water Company, and Valley View Mutual Water
Company), and does not substantially rely on direct groundwater withdrawals. Further, it is
not anticipated that any uses operated pursuant to the proposed Amendment would
extensively utilize groundwater through direct withdrawals, nor would those uses substantially
interfere with, or alter existing groundwater withdrawals.
c,d,ej No Impact. The City generally does not contain significant water courses. However,
the San Gabriel River is located along the City's western boundary and Big Dalton Wash and
Walnut Creek Wash traverse the eastern and southern portion of the City. As discussed
previously, compliance with federal CWA and relevant NPDES permit requirements will
effectively mitigate any potentially adverse impacts of storm water discharges within the City.
Eases operated pursuant to the proposed Amendment will individually assess potential
drainage system impacts, and mitigation measures will be provided if necessary.
g,h,i) No Impact. No development will be implemented with approval of this Project. As such,
there is no potential for flood hazards associated with the proposed Amendment. Future
individual environmental analyses will assess potential flood hazards and provide mitigation
measures as necessary. Typical design solutions and /or mitigation would involve proper
Revised April 2010
AZC-174
August, 2013
facilities orientation(s); grading and drainage improvements and/or creation of storm water
retention/detention areas.
j) No Impact. The City is not subject to significant hazards due to selche, tsunami, or
mudflow.
kJ,m,n) No Impact. The construction of facilities is not proposed as part of the Project
considered in this Initial Study. As such, the potential for increased stormwater runoff does
not exist. In addition, the Project area is currently developed with urban uses and is not
located proximate to any significant natural watercourses.
X. LAND USE AND PLANNING
Potentially
Significant
Less Than
Significant With
Less Than
Significant
No
Impact
Mitigation
Impact
Impact
Incorporated
Would the project.-
a) Physically divide an established
community?
b) Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the project (including, but not
limited to the general plan, specific plan, local
coastal program, or zoning ordinance)
adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat
conservation plan or natural community
conservation plan?
a-c) No Impact. The proposed Amendment is a change to the requirements of the Municipal
Code. If the proposed Amendment is approved, it will become part of the Municipal Code
and therefore would be considered consistent. The Project proposes no changes to specific
land use designations, as such, the potential to divide an established community or conflict
with any land use or conservation plans does not exist.
X1. MINERAL RESOURCES
Potentially
Significant
Less Than
Significant With
Less Than
Significant
No
Impact
Mitigation
Impact
Impact
Incorporated
Would the project:
a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
b) Result in the loss of availability of a locally-
important mineral resource recovery site
delineated on a local general plan, specific
plan, or other land use plan?
a,b) No Impact. The entire City of Baldwin Park has been designated by the State Geologist
as a Mineral Resource Zone 2 (MRZ-2), an area where "adequate information indicates that
significant mineral deposits are present or where it is judged that a high likelihood for their
Revised April 2090
AZC-174
August, 2013
presence exists." The City of Baldwin Park, as well as its adjacent cities, all contain
aggregate resources, commonly known as gravel. However, because the City is almost
entirely built-out, all such areas containing significant resources are largely developed, and
thus inaccessible. Established urban uses are incompatible with mineral extraction and/or
surface mining activities. The General Plan does not identify or address mineral resources
that would be of future value to the region and the residents of the State. In addition, the
administrative nature of the Project precludes any impact in this regard.
XII. NOISE
Potentially
Significant
Less Than
Significant With
Less Than
Significant
No
Impact
Mitigation
Impact
Impact
Incorporated
Would the project result in:
a) Exposure of persons to or generation of
noise levels in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other
agencies?
b) Exposure of persons to or generation of
excessive groundborne vibration or
groundborne noise levels?
c) A substantial permanent increase in
ambient noise levels in the project vicinity
above levels existing without the project?
d) A substantial temporary or periodic
increase in ambient noise levels in the project
vicinity above levels existing without the
project?
e) For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public airport or
public use airport, would the project expose
people residing or working in the project area
to excessive noise levels?
f) For a project within the vicinity of a private
airstrip, would the project expose people
residing or working in the project area to
excessive noise levels?
a-d) No Impact. Due to the administrative nature of the proposed Project, it does not have
the potential to directly result in noise impacts.
XIII. POPULATION AND HOUSING
Potentially
Significant
Less Than
Significant With
Less Than
Significant
No
Impact
Mitigation
impact
Impact
Incorporated
Would the project:
a) Induce substantial population growth in an
area, either directly (for example, by proposing
new homes and businesses) or indirectly (for
example, through extension of roads or other
infrastructure)?
Revised April 2010
AZC -174
August, 2013
a) No Impact. Construction of new housing or employment opportunities is not a component
of the Project. As such, the Project will not directly contribute to population growth.
b,c) No Impact. The Project does not involve or propose displacement of any on -site or off-
site housing stock. No impacts relating to displacement of housing will result from the Project.
Potentially
Less Than
Significant With
Less Than
No
X1111. POPULATION AND HOUSING
Significant
Mitigation
Significant
Impact
Impact
Incorporated
Impact
b) Displace substantial numbers of existing
housing, necessitating the construction of
Q
replacement housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere?
i
a) No Impact. Construction of new housing or employment opportunities is not a component
of the Project. As such, the Project will not directly contribute to population growth.
b,c) No Impact. The Project does not involve or propose displacement of any on -site or off-
site housing stock. No impacts relating to displacement of housing will result from the Project.
a-e) No Impact. The City of Baldwin Park is generally well- served by existing fire protection,
police protection, and other public services. Because of the administrative nature of the
Project, it does not have the potential to impact public services.
Revised Rpri 2010
Potentially
Less Than
Significant With
Less Than
No
XIV. PUBLIC SERVICES
Significant
Mitigation
Significant
Impact
Impact
p
Incorporated
Impact
p
a) Would the project result in substantial
adverse physical impacts associated with the
provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities, the
construction of which could cause significant
i
environmental impacts, in order to maintain
acceptable service ratios, response times or
other performance objectives for any of the
public services:
Fire protection?
[�
Police protection?
[
Schools?
[�
Parks?
Q
Other public facilities?
a-e) No Impact. The City of Baldwin Park is generally well- served by existing fire protection,
police protection, and other public services. Because of the administrative nature of the
Project, it does not have the potential to impact public services.
Revised Rpri 2010
AZC -174
Auaust. 2013
a) No Impact. The Project does not propose elements that would result in increased
demands for neighborhood or regional parks or other recreational facilities. As such, the
Project does not have the potential to result in increased demands on neighborhood, regional
parks, or other recreational facilities.
b) No Impact. The construction of recreational facilities is not proposed by the Project, nor
will the Project require the construction or expansion of recreational facilities. As such, the
Project will have no impact in this regard.
Potentially
-- Than
gnificant With
Less Than
No
XV. RECREATION
Significant
Mitigation
Significant
Impact
Impact
Incorporated
Impact
a) Would the project increase the use of existing
a) Conflict with an applicable plan, ordnance or
neighborhood and regional parks or other
policy establishing measures of effectiveness for
recreational facilities such that substantial
the performance of the circulation system, taking
physical deterioration of the facility would occur
into account all modes of transportation including
or be accelerated?
mass transit and non - motorized travel and
b) Does the project include recreational facilities
relevant components of the circulation system,
or require the construction or expansion of
including but not limited to intersections, streets,
Q
recreational facilities which might have an
highways and freeways, pedestrian and bicycle
adverse physical effect on the environment?
paths, and mass transit?
a) No Impact. The Project does not propose elements that would result in increased
demands for neighborhood or regional parks or other recreational facilities. As such, the
Project does not have the potential to result in increased demands on neighborhood, regional
parks, or other recreational facilities.
b) No Impact. The construction of recreational facilities is not proposed by the Project, nor
will the Project require the construction or expansion of recreational facilities. As such, the
Project will have no impact in this regard.
Revised April 2010
Potentially
Less Than
significant With
Less Than
No
XVI. TRANSPORTATION/ TRAFFIC
Significant
Impact
Mitigation
incorporated
significant
Impact
Impact
Would the project:
a) Conflict with an applicable plan, ordnance or
policy establishing measures of effectiveness for
the performance of the circulation system, taking
into account all modes of transportation including
mass transit and non - motorized travel and
relevant components of the circulation system,
including but not limited to intersections, streets,
highways and freeways, pedestrian and bicycle
paths, and mass transit?
b) Conflict with an applicable congestion
management program, including, but not limited
to level of service standards and travel demand
measures, or other standards established by the
county congestions management agency for
designated roads or highways?
c) Result in a change in air traffic patterns,
including either an increase in traffic levels or a
change in location that result in substantial safety
risks?
d) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
Revised April 2010
AZC -174
August, 2013
XVI. TRANSPORTATION/ TRAFFIC
Potentially
Significant
Less Than
Significant With
Less Than
Significant
No
XV II. UTILITIES AND SERVICE
Impact
p
Mitigation
Impact
p
Impact
SYSTEMS
Significant
Impact
Incorporated
Significant
Impact
Impact
e) Result in inadequate emergency access?
Incorporated
f) Conflict with adopted policies plans, or
programs supporting alternative transportation
[�(
(e.g., bus turnouts, bic cle racks)?
Q
a -f) No Impact. Due to the administrative nature of the proposed Project, it does not have the
potential to result in transportation and circulation impacts. Future projects will be assessed,
consistent with the CEQA requirements, on a project- specific basis. Individual environmental
analyses will assess potential impacts in this regard and provide mitigation measures as
necessary.
a-g) No Impact. The City of Baldwin Park is generally served by all necessary utilities and
service systems. Due to the administrative nature of the proposed Project, it does not have
the potential to result in impacts to utilities and service systems. On a project- specific basis,
Revised April 2010
XV II. UTILITIES AND SERVICE
Potentially
Less Than
Significant With
Less Than
No
SYSTEMS
Significant
Impact
Mitigation
Significant
Impact
Impact
Incorporated
Would the project:
a) Exceed wastewater treatment requirements
of the applicable Regional Water Quality
Q
Control Board?
b) Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the construction
[�
of which could cause significant environmental
effects?
c) Require or result in the construction of new
storm water drainage facilities or expansion of
existing facilities, the construction of which
could cause significant environmental effects?
d) Have sufficient water supplies available to
serve the project from existing entitlements and
resources, or are new or expanded entitlements
needed?
e) Result in a determination by the wastewater
treatment provider which serves or may serve
the project that it has adequate capacity to
Q
serve the project's projected demand in addition
to the provider's existing commitments?
f) Be served by a landfill with sufficient
permitted capacity to accommodate the
Q
project's solid waste disposal needs?
j
g) Comply with federal, state, and local statutes
and regulations related to sofid waste?
�
a-g) No Impact. The City of Baldwin Park is generally served by all necessary utilities and
service systems. Due to the administrative nature of the proposed Project, it does not have
the potential to result in impacts to utilities and service systems. On a project- specific basis,
Revised April 2010
AZC -'174
August, 2013
individual environmental analyses for subsequent uses implementing the amended Municipal
Code will assess potential utilities and service systems impacts and provide mitigation
measures as necessary for development projects as they are proposed. Generally, potential
utilities and service systems impacts are reduced through capacity improvements, increased
treatment efficiencies via technologic improvements, reduced consumption through
conservation efforts, and efficient technologies and resource reuse /recycling.
XVIII. MANDATORY FINDINGS OF
Potentially
Less Than
Significant with
Less Than
No
SIGNIFICANCE
significant
im act
p
Mitigation
significant
Im act
p
Impact
Incorporated
a) Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self - sustaining levels,
threaten to eliminate a plant or animal
community, reduce the number or restrict the
range of a rare or endangered plant or animal or
eliminate important examples of the major
periods of California histo or prehisto ?
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? ( "Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects.)
c) Does the project have environmental effects
which will cause substantial adverse effects on
[�
human beings, either directly or indirectly?
a) No Impact. The Project is a purely administrative act relating to the creation of a
comprehensive sign program as a means for the flexible application of sign regulations.
Therefore, the Project does not have the potential to significantly degrade the quality of
biological resources, substantially reduce the habitat of a fish or wildlife species, cause a fish
or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or
animal community, or reduce the number or restrict the range of a rare or endangered plant
or animal.
b) No Impact. As supported by the discussion presented in this Initial Study, the Project is
determined to have no impact on any considered environmental topics. Potential cumulative
effects of the Project are similarly determined to be of no consequence.
c) No Impact. As supported by the preceding environmental evaluation, the Project will not
result in any substantial adverse effects on human beings. Under each environmental
consideration addressed in this Initial Study, the Project is considered to have no impacts.
Revised April 2010
l l ir s
we] :1 TJ I - i
ORDINANCE NO. 1359
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF
BALDWIN PARK ADDING SECTION 153.170.107 TO THE
BALDWIN PARK MUNICIPAL CODE RELATING TO
COMPREHENSIVE SIGN PROGRAMS
WHEREAS, signs located within the City can provide a reliable means of
advertising for a business, they also can be detrimental to the safety, aesthetics and
general welfare of the community;
WHEREAS, owners of commercial developments, at times, experience a
hardship given current sign development standards given certain irregularities with the
site, including the scale and size of buildings, or limited site visibility;
WHEREAS, the creation of a comprehensive sign program creates a unified
and consistent architectural theme,-
WHEREAS, a sign program improves the aesthetics of the community by
providing an incentive and latitude in the design and display of multiple signs, and;
WHEREAS, the overall intent of a comprehensive sign program is to provide
the means for the flexible application of sign regulations in order to provide incentive
and latitude in the design and display of multiple signs and to achieve, while not
circumventing, the intent subchapter 153.170 relating to city appearance, traffic safety
hazards, on-site signage, communication and to protect investment and quality of life.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby
ordain as follows:
SECTION 1. The foregoing recitations are hereby adopted by the City Council as
findings. Based on those findings, the City Council determines the public health, safety
and general welfare of the City of Baldwin Park, its residents, property owners,
businesses and visitors can be enhanced by amending the Baldwin Park Municipal
Code (BPMC) to allow comprehensive sign programs; and it is in the best interest of the
community to amend the BPMC accordingly.
SECTION 2. Based on the foregoing findings and determinations, the BPMC is
amended to add Section 153.170.107, to read in its entirety as follows:
"Section 153.170.107 Comprehensive Sign Programs
A. Purpose. The purpose of a comprehensive sign program is to integrate all of a
nonresidential or mixed use project's signs with the overall site design and the
structures' design into a unified architectural statement. A comprehensive sign
Ordinance 1359 - Page 2
program provides a means for the flexible application of sign regulations in
order to provide incentive and latitude in the design and display of multiple
signs and to achieve, not circumvent, the purpose of this subchapter. Approval
of a comprehensive sign program may modify the standards provided in this
subchapter as to sign number, size, height, illumination, location, orientation, or
other aspects of signs within the limits of this section.
B. Applicability. The approval of a comprehensive sign program shall be
required whenever any of the following circumstances exist:
I . Whenever the floor area is in excess of 25,000 square feet,-
2. Whenever five or more separate commercial or industrial tenant spaces
are present on the same site-,
3. Whenever the City Planner determines that a comprehensive sign
program is needed because of special project characteristics (e.g., the
size of proposed signs, limited site visibility, the location of the site
relative to other lots, buildings, or streets, etc.).
C. Approval Authority and Limitation. The Community Development Director
shall be the review authority for a comprehensive sign program.
D. Application Requirements. A sign program application for a comprehensive
sign program shall include all information and materials required by the
Planning Division for a Sign Program Review including a filling fee. Said fee
shall be established by resolution of the City. The applicant shall still be
required to obtain applicable sign permits and pay the related fee.
E. Standards. A comprehensive sign program shall comply with the following
standards:
1 The proposed sign program shall comply with the purpose and intent of
this subchapter;
2. The proposed signs shall enhance the overall development, be in
harmony with, and relate visually to other signs included in the
comprehensive sign program, to the structures and/or developments
they identify, and to surrounding development when applicable;
3. The sign program shall address all signs, including permanent,
temporary, and exempt signs;
4. The sign program shall accommodate future revisions that may be
required because of changes in use or commercial tenants;
Drdinance 1359 - Page 3
5. The sign program shall comply with the standards of subchapter
153.170, except that deviations are allowed with regard to sign area,
total number, location, and/or height of signs to the extent that the
comprehensive sign program will enhance the overall development and
will more fully accomplish the purposes and intent of this subchapter;
6. Approval of a comprehensive sign program shall not authorize the use of
signs prohibited by this subchapter; and
7. Review and approval of a comprehensive sign program shall not
consider the signs' proposed message content.
F. Findings. In order to approve a comprehensive sign program the following
findings shall be made:
1 The comprehensive sign program complies with the purpose of this
subchapter, and the Baldwin Park Design Guidelines;
2. Proposed signs enhance the overall development and are in harmony
with other signs included in the plan with the structures they identify and
with surrounding development;
3. The comprehensive sign program contains provisions to accommodate
future revisions that may be required because of changes in use or
tenants; and
4. The comprehensive sign program complies with the standards of this
subchapter, except that flexibility is allowed with regard to sign area,
number, location, and/or height to the extent that the signs proposed
under the comprehensive sign program will enhance the overall
development, achieve superior quality design, and will more fully
accomplish the purposes of this subchapter.
G. Revisions to Comprehensive Sign Programs. The Community Development
Director may approve revisions to a comprehensive sign program if the intent of
the original approval is not affected. Revisions that would substantially deviate
from the original approval shall require the approval of a new/revised
comprehensive sign program by the Planning Commission."
SECTION 3. 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 4. 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.
Ordinance 1359 - Page 4
PASSED AND APPROVED ON THE _ day of _, 2013
MANUEL LOZANO, MAYOR
ATTEST-
ALEJANDRA AVILA,
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss:
CITY OF BALDWIN PARK
1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that
the foregoing ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on , 2013. Thereafter, said Ordinance
No. 1359 was duly approved and adopted at a regular meeting of the City Council on
by the following vote:
AYES: COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER-
ALEJANDRA AVILA,
CITY CLERK
i
..
i , .. ,
ORDINANCE NO. 1359
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF
BALDWIN PARK ADDING SECTION 153.170.107 TO THE
BALDWIN PARK MUNICIPAL CODE RELATING TO
COMPREHENSIVE SIGN PROGRAMS
WHEREAS, signs located within the City can provide a reliable means of
advertising for a business, they also can be detrimental to the safety, aesthetics and
general welfare of the community-,
WHEREAS, owners of commercial developments, at times, experience a
hardship given current sign development standards given certain irregularities with the
site, including the scale and size of buildings, or limited site visibility-,
WHEREAS, the creation of a comprehensive sign program creates a unified
and consistent architectural theme-,
WHEREAS, a sign program improves the aesthetics of the community by
providing an incentive and latitude in the design and display of multiple signs, and;
WHEREAS, the overall intent of a comprehensive sign program is to provide
the means for the flexible application of sign regulations in order to provide incentive
and latitude in the design and display of multiple signs and to achieve, while not
circumventing, the intent subchapter 153.170 relating to city appearance, traffic safety
hazards, on-site signage, communication and to protect investment and quality of life.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby
ordain as follows:
SECTION 1. The foregoing recitations are hereby adopted by the City Council as
findings. Based on those findings, the City Council determines the public health, safety
and general welfare of the City of Baldwin Park, its residents, property owners,
businesses and visitors can be enhanced by amending the Baldwin Park Municipal
Code (BPMC) to allow comprehensive sign programs; and it is in the best interest of the
community to amend the BPMC accordingly.
SECTION 2. Based on the foregoing findings and determinations, the BPMC is
amended to add Section 1153.170.107, to read in its entirety as follows:
"Section 153.170.107 Comprehensive Sign Programs
A. Purpose. The purpose of a comprehensive sign program is to integrate all of a
nonresidential or mixed use project's signs with the overall site design and the
structures' design into a unified architectural statement. A comprehensive sign
Ordinance 1359 - Page 2
program provides a means for the flexible application of sign regulations in
order to provide incentive and latitude in the design and display of multiple
signs and to achieve, not circumvent, the purpose of this subchapter. Approval
of a comprehensive sign program may modify the standards provided in this
subchapter as to sign number, size, height, illumination, location, orientation, or
other aspects of signs within the limits of this section.
B. Applicability. The approval of a comprehensive sign program shall be
required whenever any of the following circumstances exist:
1. Whenever the floor area is in excess of 25,000 square feet;
2. Whenever five or more separate commercial or industrial tenant spaces
are present on the same site;
3. Whenever the City Planner determines that a comprehensive sign
program is needed because of special project characteristics (e.g., the
size of proposed signs, limited site visibility, the location of the site
relative to other lots, buildings, or streets, etc.).
C. Approval Authority and Limitation. The Planning Commission shall be the
review authority for a comprehensive sign program.
D. Application Requirements. A sign program application for a comprehensive
sign program shall include all information and materials required by the
Planning Division for a Sign Program Review including a filling fee. Said fee
shall be established by resolution of the City. The applicant shall still be
required to obtain applicable sign permits and pay the related fee.
E. Standards. A comprehensive sign program shall comply with the following
standards:
1. The proposed sign program shall comply with the purpose and intent of
this subchapter;
2. The proposed signs shall enhance the overall development, be in
harmony with, and relate visually to other signs included in the
comprehensive sign program, to the structures and /or developments
they identify, and to surrounding development when applicable;
3. The sign program shall address all signs, including permanent,
temporary, and exempt signs;
4. The sign program shall accommodate future revisions that may be
required because of changes in use or commercial tenants;
Ordinance 1359 - Page 3
5. The sign program shall comply with the standards of subchapter
153.170, except that deviations are allowed with regard to sign area,
total number, location, and/or height of signs to the extent that the
comprehensive sign program will enhance the overall development and
will more fully accomplish the purposes and intent of this subchapter,
6. Approval of a comprehensive sign program shall not authorize the use of
signs prohibited by this subchapter, and
7. Review and approval of a comprehensive sign program shall not
consider the signs' proposed message content.
F. Findings. In order to approve a comprehensive sign program the following
findings shall be made:
1 The comprehensive sign program complies with the purpose of this
subchapter, and the Baldwin Park Design Guidelines-,
2. Proposed signs enhance the overall development and are in harmony
with other signs included in the plan with the structures they identify and
with surrounding development;
3. The comprehensive sign program contains provisions to accommodate
future revisions that may be required because of changes in use or
tenants', and
4. The comprehensive sign program complies with the standards of this
subchapter, except that flexibility is allowed with regard to sign area,
number, location, and/or height to the extent that the signs proposed
under the comprehensive sign program will enhance the overall
development, achieve superior quality design, and will more fully
accomplish the purposes of this subchapter.
G. Revisions to Comprehensive Sign Programs. The Community Development
Director may approve revisions to a comprehensive sign program if the intent of
the original approval is not affected. Revisions that would substantially deviate
from the original approval shall require the approval of a new/revised
comprehensive sign program by the Planning Commission."
SECTION 3. 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 4. 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.
Ordinance 1359 - Page 4
PASSED AND APPROVED ON THE _ day of , 2013
MANUEL LOZANO, MAYOR
ATTEST:
ALEJANDRA AVILA,
CITY CLERK
Ordinance 1359 - Page 5
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss:
CITY OF BALDWIN PARK
1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that
the foregoing ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on 1 2013. Thereafter, said Ordinance
No. 1359 was duly approved and adopted at a regular meeting of the City Council on
I by the following vote:
AYES: COUNCILMEMBER:
NOES- COUNCILMEMBER:
ABSENT- COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ALEJANDRA AVILA,
CITY CLERK