HomeMy WebLinkAbout2014 07 16NOTICE AND CALL
OF A
SPECIAL MEETING
OF THE
CITY COUNCIL
TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF
THE CITY OF BALDWIN PARK
NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on
WEDNESDAY, JULY 16, 2014 at 6:00 PM. at City Hall — 3rd Floor Conference Room 307,
14403 East Pacific Avenue, Baldwin Park, CA 91706,
Said Special Meeting shall be for the purpose of conducting business in accordance with
the attached Agenda.
NO OTHER BUSINESS WILL BE DISCUSSED
Dated: July 10, 2014
VLC_
Manuel Lozano
Mayor
AFFIDAVIT OF POSTING
1, Alejandra Avila, City Clerk of the City of Baldwin Park, certify that I caused the
aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to
follow) to each Member and e-mail to the San Gabriel Valley Tribune, and that I posted said
notice as required by law on July 10, 2014.
Alejandra Avila
City Clerk
I
CITY COUNCIL
SPECIAL MEETING Please note
time and
meeting
JULY 16, 2014 location
6:00 PM
CITY HALL - 3rd Floor, Conference Room 307
14403 EAST PACIFIC AVENUE
BALDI% iN PARK, CA 91706
(626) 960 -4011
Manuel Lozano
Ricardo Pacheco
Cruz Baca
Monica Garcia
Susan Rubio
I
- Mayor
- Mayor Pro Tern
- Councilmember
- Councilmember
- Councilmember
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS COMENTARIOS DEL PUBLICO
The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera
Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda,
agenda on any matter posted on the agenda or para hablar sobre cualquier asunto publicado en la
on any other matter within its jurisdiction. If you agenda a cualquier tema que este bajo su jurisdiccion.
wish to address the City Council or any of its Si usted desea la oportunidad de dirigirse al Concilio o
Agencies, you may do so during the PUBLIC alguna de sus Agencias, pods hacerlo durante el
COMMUNICATIONS period noted on the periodo de Comentarios del Publico (Public
agenda. Each person is allowed three (3) Communications) anunciado en la agenda. A cada
minutes speaking time. A Spanish- speaking persona se le permite hablar por tres (3) min utos. Hay
interpreter is available foryour convenience. un interprete para su conveniencia.
CITY COUNCIL
SPECIAL MEETING — 6:00 P.M.
CALL TO ORDER
ROLL CALL: Council Members: Cruz Baca, Monica Garcia,
Susan Rubio, Mayor Pro Tern Ricardo Pacheco
and Mayor Manuel Lozano
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances
exist. The legislative body or its staff may: I) Briefly respond to statements made or questions asked by persons; or 2) Direct
staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.21
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA S1 REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tomar acci6n en alg6n asunto a menos que sea incluido en la agenda, o a menos que exista algOna
emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en
consideraci6n en juntas proximas. [Codigo de Gobiemo §54954.2]
RECESS TO CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Section 54956.9
Name of Case- Hadsell v. City of Baldwin Park
Case Number: BC 548602
2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section
54956.9.
. three (3)
Potential Case(s).
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8)
Property: 14173 Garvey Avenue, Baldwin Park, CA 91706
Agency Negotiators: Michael Taylor & Robert N. Tafoya
Negotiating Parties: The Lamar Companies
Under Negotiation: Price and terms of payment
RECONVENE IN OPEN SESSION
REPORT FROM CLOSED SESSION
ADJOURNMENT
CERTIFICATION
1, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under
the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board
not less than 24 hours prior to the meeting on July i0, 2014.
f 5 S
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 e -mail rcaballero a)baidwi�om.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting
will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA
TITLE ll)
I I
k-4 kyj 1:1:31111 ilk
JULY 161201,,-1.
7:00 PM
COUNCIL CHAMBER
14403 E. Pacific Avenue
Baldwin Park, CA 91706
(626) 960-4011
BALDWIN
P - A- R - K
Manuel Lozano - Mayor
Ricardo Pacheco - Mayor Pro Tern
Cruz Baca - Council Member
Monica Garcia - Council Member
Susan Rubio - Council Member
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
FOR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
m i
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 pOblico a dirigirse al Concilio o cualquiera
otra de sus Agencias nombradas en esta agenda, para
hablar sobre cualquier asunto publicado en la agenda o
cualquier tema que est6 bajo su jurisdicci6n. Si usted
desea la oportunidad de dirigirse al Concilio o a1guna de
sus Agencias, podr6 hacerlo durante e/ perlodo de
Comentarios del POblico (Public Communications)
anunciado en la agenda. A cada persona se le permite
hablar par tres (3) minutos. Hay un int6rprete para su
conveniencia.
CITY COUNCIL
REGULAR MEETING — 7:00 PM
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
Council Members: Cruz Baca, Monica Garcia,
Susan Rubio, Mayor Pro Tern Ricardo Pacheco
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
• Presentation by Caltrans on the 1-10/1-605 Project.
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions
asked by persons,, or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting.
[Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tome acci6n en alg6n asunto a menos que sea incluido en la agenda, o a menos que exista a1g6na
emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaraci6nes o preguntas hechas por personas; - o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en
consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2]
City Council Agenda — JULY 16, 2014 Page 2
CONSENT CALENDAR
All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be
no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from
the general order of business and considered in its normal sequence on the agenda.
1. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands Register.
2. TREASURER'S REPORT — MAY 2014
It is recommended that the City Council receive and file the Treasurer's Report for May
2014.
3. APPROVE MOU WITH SCRRA FOR GRAFFITI REMOVAL
It is recommended that the City Council approve the attached MOU with the SCRRA
and authorize the Mayor to execute said agreement.
4. AGREEMENT FOR CHIEF EXECUTIVE OFFICER
It is recommended that the attached Agreement be approved by the City Council.
ADJOURNMENT
CERTIFICATION
� n i_:__ -'__ Avila, ��__i_ _r a�.._ .. _r n..i..i...:._ n�...i_ '..._,.4... ...,.a:r., .,..,�.....,. .,ii., ..s ...
a, Alejand a Avila, ,icy Clerk- o the UlLy o Baldwin o rai k i lei euy cel uiy ui Udei Nei fairy vi Perjur y
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 July 2014.
i R
Alejandra Avila
City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are
available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public
Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of
the City Clerk at (626) 813 -5204 or via e -mail at rcb,Il,rca,a.bldvrin,pr6 ,cvrr.
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 — JULY 16, 2014
Page 3
"Vil
TO: Honorable Mayor and Members of t
FROM: Craig A. Graves, Director of Financf
DATE: July 16, 2014
SUBJECT: varrants and Demands
SUMMARY
t f �
Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the
City Council.
RECOMMENDATION
Staff recommends she <,itj% I-Oiiii%ii ratify the attached Warrants and Demand's Register.
FISCAL IMPACT
The payroll for the last period was $341,505.89 and the attached General Warrants Register were
$1,051,582.39 for a total amount of $1,393,088.28.
LEGAL REVIEW
None Required
BACKGROUND
The attached Claims and Demands report format meets the required information as set out in the
California Government Code. Staff has reviewed the requests for expenditures for the
appropriate budgetary approval and for the authorization from the department head or its
designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive
Officer or their designee does hereby certify to the accuracy of the demands hereinafter referred
payments released since the previous City Council meeting and the following is a summary of
the payment released:
Warrants and Demands
Page 2
1. The payroll of the City of Baldwin Park consisting of check numbers 196297- 196325.
Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of
City Employees from control number 235807- 236033 for the period of May 25, 2014
through June 07, 2014 inclusive; These are presented and hereby ratified in the amount of
$341,505.89.
2. General Warrants, including check numbers 200828 to 201100, in the total amount of
$1,051,582.39 constituting of 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.
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STAFF REPORT
(,-,SAN �`L DTO:
LIBO THE FROM:
GABRIEL DATE:
ALLEY o JANUP�� SUBJECT:
SUMMARY
ITEM NO. 2WW
The Honorable Mayor and Members of
Craig A. Graves, Director of Finance
July 16, 2014
Treasurer's Report- May 2014
76
Attached is the Treasurer's Report for the month of May 2014. The Treasurer's Report lists all
cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority,
and the Successor Agency to the Community Development Commission (CDC). All
investments are in compliance with the City's Investment Policy and the California Government
Code.
FISCAL IMPACT
None
RECOMMENDATION
That the City Council receive and file the Treasurer's Report for May 2014.
LEGAL REVIEW
None Required
Treasurer's Report — May 2014
Page 2
:. � �.ZII11►i 17
Attached is the Treasurer's Report for the month of May 2014. The Treasurer's Report lists all
cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority,
and the Successor Agency to the Community Development Commission (CDC).
The report separates cash into the following three sections:
• State of California Local Agency Investment Fund (LAIF) — this is where the majority of
the cash is held. City cash, which accounts for the largest portion includes monies from
the General Fund and all other restricted funds known as Special Funds. Money is kept
in LAIF until it needs to be transferred to cover warrants (payments to vendors,
contractors, etc.), payroll, or to pay the various bond payments.
• Fiscal Agent Funds — These amounts represent monies held by the various bond holders
that are restricted and which have been set aside for future bond payments.
• Cash — This section provides the cash balances in the various checking accounts the City
uses to pay its on -going payments.
The cash balances fluctuate during the year due to the timing of large payments, such as interest
and principal for bonds, an City receives -its .Major sources r (such d due t0 when file �i� i�cciv�;� ]�a major wui�eS of revenues aut,u as
sales tax and property tax in December, January and May each year.
The current investments are in compliance with the City's Investment Policy and to the
California Government Code.
Attachment: Treasurer's Report for May 2014
CITY OF BALDWIN PARK
TREASURER'S REPORT
May 31, 2014
ESTIMATED
INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET
DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE
State of California Local
23,561,094.09
23,561,094.09
Agency Investment Fund
23,561,094.09
Varies
City
0.23%
Varies
Housing Authority
0.23%
Varies
Fiscal Agent Funds - City
Varies
Varies
Fiscal Agent Funds - Successo
Varies
Varies
Varies
23,561,094.09
23,561,094.09
23,561,094.09
23,561,094.09
Varies
37,984.67
37,984.67
37,984.67
37,984.67
23,599,078.76
23,599,078.76
23,599,078.76
23,599,078.76
Varies
2,135,196.74
2,135,196.74
2,135,196.74
2,135,196.74
Varies
3,598,585.83
3,598,585.83
3,598,585.83
3,598,585.83
$
29,332,861.33
$ 29,332,861.33
5,733,782.57 $
29,332,861.33
Total Investments
$
29,332,861.33
Cash
City Checking
8,781,272.65
City Miscellaneous Cash
66,174.63
Comm. Develop. Comm.
0.00
Successor Agency
852,835.89
Housing Authority
460,235.60
Financing Authority
0.00
Total Cash
10,160,518.77
Total Cash and Investments
$
39,493,380.10
Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report.
There was no investment maturity /purchase transaction made for the month of May 2014 and several deposits /withdrawals were
made with the Local Agency Investment Fund.
In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment
liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months
that all investments are in compliance to the City's Statement of Investment Policy.
Approved by:
Finance
'141
/�. HUB OF
THE Y
SAN GABRIEL o
K VALLEY a
O �'FATFQ JANV P� n
FROM:
lift
ITEM NO.
Honorable Mayor and Members of the City Council
Daniel Wall, P.E., Director of Public Work g `
DATE: July 16, 2014
SUBJECT: APPROVE MOU WITH SCRRA FOR GRAFFITI REMOVAL
SUMMARY
Walls and other structures along the railroad right -of -way are being vandalized with graffiti. Due to safety
concerns the Southern California Regional Rail Authority (SCRRA) will not allow the City's graffiti removal
crews to enter the railroad right -of -way to eradicate this graffiti. This item is for the approval of a Memorandum
of Understanding (MOU) with the SCRRA for the removal of graffiti along the railroad right -of way at an
annual cost of $27,900 per year.
FISCAL IMPACT
This ��OU will have no impact on the General Fund. Restricted Transit Funds will be used to pay for the work
performed under this MOU.
RECOMMENDATION
It is recommended that the City Council approve the attached MOU with the SCRRA and authorize the Mayor
to execute said agreement.
LEGAL REVIEW
The MOU has been reviewed by the City Attorney
BACKGROUND
The majority of walls and other structures adjacent to the railroad right -of -way that are being vandalized with
graffiti are privately owned. Private property owners and the City's own graffiti removal crews are unable to
enter into the railroad right -of -way to remove graffiti without an SCRRA Engineer -in- Charge (EIC)
accompanying them. However, EIC's are very difficult to schedule and cost $1,200 per day. The removal of
graffiti is an important task in preserving the quality of life, in preventing crimes and in attracting economic
development. The City used to have an agreement with the SCRRA for graffiti removal along the railroad right -
of -way, but due to past budget concerns that agreement was allowed to lapse.
The SCRRA has agreed to once again remove graffiti in our City. Under the terms of this MOU, twice a month
the SCRRA will send out a three person graffiti abatement crew for four hours to remove graffiti along the
railroad right -of -way. This graffiti removal will be paid for with restricted transit funds, and will have no impact
on our General Fund.
MOIN Graffiti Removal
From mile post 16.70 to 19.20
CITY OF BALDWIN PARK
This Memorandum of Understanding ("M0U")' is made and entered into on this 1 6t day of July,
2014 ("Effective Date") by and between the City of Baldwin park, @ charter city and G rnUOi[jp@|
corporation duly organized and existing under the laws of the State of California and its Charter,
hereinafter ne6B[F8d to as /''C|Ty°\' and the SOUTHERN CALIFORNIA REGIONAL RAIL
AUTHORITY, 8 joint pOvve[S authority existing under the |avvS of the State of California,
hereinafter referred tO@S(''SCRR/Y').
8CRRA is @ five-county joint pOvVenS @uth8ritV. created pursuant to California Public Utilities
Code Section 130255 and California Government Code 8e(tiODS 0500 et S8q., to build and
operate the "K8ETRC>L|NK" commuter train system. The fiwe-COUOh/ member agencies are: Los
Angeles County K88t[OpO|it8O Transportation Authority ("K8T/\'). Ventura County Transportation
COnnnliSSiOn' {}[@ng8 County Transportation Authority, 88n Bernardino Associated
Governments, and Riverside County Transportation CO[nDliSGi0D. 8CFlRAbUi|dS' operates and
maintains a CODlrnuier n@i| $ySLe[U i0 the ffiVe-county area on [8/| rights-of-way owned by the
member agencies.
The CITY would like SCRRA to remove graffiti from the walls and other structures on monthly
basis along the railroad hght-Of-vv@y. CITY and 8CRRA desire h3 cooperate with each other and
enter into this MOU to help CITY with the removal of the graffiti in the City of Baldwin Park.
In consideration of the promises and mutual understandings of the parties hereto, SCRRA and
CITY agree as follows:
SCRRA AGREES:
1. To cooperate with the CITY to facilitate removal of graffiti in the railroad right-of-way.
2. TD furnish graffiti abatement crew, 8tC|TY'S expense, On@monthly basis for the graffiti
CITY AGREES:
1. To reimburse 8CRRAfor all cost and expense incurred by GCRRA in connection with
the graffiti removal work, including without limitation the expense of staff costs to
Memorandum ofUnderstanding Page 1of5 July 1G.2O14
City ofBaldwin Park
process approvals and MOUs, furnishing a graffiti abatement crew as SCRRA deems
necessary. The costs and expenses shown herein or any subsequent revised written
estimate is an estimate only and CITY shall reimburse SCRRA on the basis of actual
cost. CITY understands that SCRRA employs contractors and consultants to provide
EIC and other safety services.
The cost for staff is estimated to be $1,500.00 per year and the cost of a graffiti
abatement crew services is estimated to be $2,200.00 per month. The CITY will pay
$27,900.00 ($2,200.00 x 12 + $1,500.00) every year on or before the date and month of
this MOU. The costs and expenses shown herein or any subsequent revised written
estimate is an estimate only and CITY shall reimburse SCRRA the actual costs and
expenses incurred by SCRRA, including any provisional overhead rates representing
SCRRA's costs for administration and management, and its contractors and consultants
for all services and work performed in connection with the graffiti removal.
2. Not to enter onto the railroad right -of -way unless CITY has arranged for SCRRA safety
training as well as safety services (SCRRA EIC and /or other protective services to be
determined by SCRRA). No verbal approvals will be granted.
3. At the request of SCRRA, CITY shall remove any employee or other individual from the
right -of -way who has not completed safety training or otherwise fails to conform to the
instructions of SCRRA's representative in connection with graffiti removal work. Any
right of CITY to enter upon the right-of-way shall be suspended until such request of
SCRRA is met.
4. CITY, on behalf of itself and its employees, agents, successors and assigns, agrees to
indemnify, defend, by counsel satisfactory to SCRRA and Member Agency, and hold
harmless "Indemnitees ", and each of them to the maximum extent allowed by law, from
and against all loss, liability, claims, demands, suits, liens, claims of lien, damages
(including incidental consequential damages), costs and expenses (including, without
limitation, any fines, penalties, judgments, actual litigation expenses and experts' and
actual attorneys' fees), that are incurred by or asserted against Indemnitees arising out
of or connected in any manner with (i) the acts or omissions of the CITY or its officers,
directors, affiliates, agents or anyone directly or indirectly employed by them or for
whose acts the foregoing persons are liable (collectively, "Personnel ") in connection with
or arising from the presence upon or performance of activities by the CITY or its
Personnel with respect to the right -of -way, (ii) bodily and /or personal injury or death of
any person (including without limitation employees of Indemnitees) or damage to or loss
of use of Property resulting from such acts or omissions of the CITY or its Personnel or
(iii) non - performance or breach by CITY or its Personnel of any term or condition of this
MOU, in each case whether occurring during the term of this MOU or thereafter.
The foregoing indemnity shall be effective regardless of any negligence (whether active,
passive, derivative, joint, concurring or comparative) on the part of Indemnitees, unless
caused by the sole negligence or willful misconduct of Indemnitees, and is in addition to
any other rights or remedies, which Indemnitees may have under the law or under this
MOU.
Claims against the Indemnitees by the CITY or its Personnel shall not limit the CITY's
indemnification obligations hereunder in any way, whether or not such claims against
Memorandum of Understanding Page 2 of 5 July 16, 2014
City of Baldwin Park
|nd8[DniteeG may [SauK in any |irDitGdoD of the 8nl0Unt or type of dBnl8geS'
COnlp8na8ti0n or benefits payable by O[ for the CITY Or KS Pe[S0ODe) under workers'
compensation acts, disability benefit acts Or other employee benefit acts o[insurance.
The provisions of this section ohGU survive the t8rnliD8ti0R or expiration of this K8(]U.
5. To the [Daxi[DUnn extent @||Ovved by |@vv. the CITY F8|8Ga8S |DdenlDite8S from and
8SSUnleS any and all risk Ofloss, damage or injury of any kind to any p8rSOD or property,
including without limitation, the Property and/or right-of-way and any other property of or
under the control or custody Of' the CITY or its personnel in COnO8cti0O with any @c[S
undertaken under nriD connection with this K8{}U. The C|TY'G 8S8uDlotioO of risk shall
include, without limitation, |OoS Or damage C8USed by defects in any structure Or
improvements (including 8@sB0en1' |e8SS or license agreements for other existing
improvements and utilities) OD the right-of-way, accident or fire or other casualty on the
right-of-way Or e|8CtriC8| discharge, noise or vibration [8SU|Ung from 8CRRA, Member
n and Operating R8i|[O8d transit operations on or near the right-of-way and any
other persons or COnlp8nieS employed, retained or engaged by 8CFlRA Or K8enlbe/
Agency. The CITY, VO behalf of itself and its Personnel /8S defined in 8eCdOn 5.
"Inde0OifiC@ti0D"\ as 8 nl8t8[iG| part of the CVDSide[8tiOD for this K8C}U' hereby waives all
Ci8iDlS and demands against the |ndenODiteeS for any such |OS5' damage or injury of the
CITY and/or its Personnel. The CITY waives the benefit OfCalifornia Civil Code Section
1542, which provides as follows: "A general release does not extend to claims which the
creditor d08g DOL KD0vv or suspect to exist iD his f@VO[ at the ti[Oe ufOXeCUdng the
[e|88S8' which if kDVvvO by him D1USt have materially affected his settlement with the
debtor." The provisions of this Section 9h@|| 8Un/iv8 the t8[nOin8tiDO Or 8Xpi[ahOO of this
M0U.
1. The QTY must immediately contact GCRRA in C3Se of aCCdents, personal injury, defect
in t[8ch' bridge or signals or any UOuSU3| condition that may affect the Safe operation Of
the railroads. The following are SCRRA's emergency numbers:
Signal Emergencies and Grade Crossing Problems /8O8\44S-8721
Met0|iDk Chief Dispatcher 009\593-0861Or(880446-9715
K4etnD|iOk Sheriff's Dispatcher (323) 563-5280
Signal and Communications Cable Location /8O9\592-1340
2. This K8{}U shall continue in force and effect until [DUtu8| tBrnliD8UOD by both parties.
The COveO8Dto and p[OviSiOOe contained herein shall be binding upon and iDUF8 to the
benefit Of the successors and assigns ofSCRRA and CITY.
3. In the event that any pail of this K8{}U is declared by @ court Of competent jurisdiction to
b8 invalid, void Or unenforceable, such part shall b8 deemed severed from the remainder
of the MOU and the balance for the MOU shall remain in effect.
Memorandum ofUnderstanding Page 3of5 July 10.2O14
City of Baldwin Park
4. This MC)U Sh@U be construed and interpreted under the |8vv8 of the State Of California.
Venue shall be located in courts iO Los Angeles County.
5. This KA[)U ShuU CODdnm8 in force and effect Vnd| nnutUG| termination by 8CF{R/\and
CITY. The covenants and provisions of this MOU shall be binding upon and inure to the
benefit of the successors and assigns of SCRRA and CITY.
0. This M[)U may only be modified or amended in writing. All nnOdifiCadOnS. @Dn8ndD18ntS'
changes and revisions of this K8UU in vvhU|8 or part, and from time to time, ShGU be
binding upon the parties, SD long as the sQnl8 shall be in writing and executed by
8{}RRA and the CITY.
7. Any notice sent by first class Ol@i[ postage paid, to the address and GUd[eSSee, shall be
deemed to have been given when in the ordinary cDU[5e it would be delivered. The
representatives of the parties who are primarily responsible for the administration of this
MOU, and to whom notices, demands and communications shall be given are as follows:
Director OfPublic Works
City ofBaldwin Park
144O3E. Pacific Avenue
B@|dvvD Park, CA 91706
T8|8ph8D8: (028) 813-5251
Facsimile: (626) 962-2625
Mr. Wayne M8Uthe
Asst. Director, Track Maintenance
8(-Rrl A/ K88tnJ|ink
279 E. Arrow Highway, Suite
San Dimas, CA91773
E-mail: nl8UthevV@So[r8.Dmt
Telephone: /SO9\5S2'6154
Facsimile: (909) 394-3207
If there are any changes in the above OaOl8S and/or addresses, either pGdv shall give @
written notice to the other party within five (5) days of such change.
Memorandum ofUnderstanding Page 4of5 July 18.2U14
City of Baldwin Park
WITNESS WHEREOF, the City of BALDWIN PARK and the SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY have caused this MOU executed and attested by their duly
qualified and authorized officials.
T'Ai., I L AUTHORITY
By:
Michael De Pallo
Chief Executive Officer
Date:
El
Don O. Del Rio
General Counsel
Date:
By:
MANUELLOZANO
MAYOR
By:
ALEjANDRA NxIiLA
CITY CLERK
Date:
APPROVED AS TO FORM:
By:
Robert Tafoya
City Attorney
Date:
Memorandum of Understanding Page 5 of 5 July 16, 2014
City of Baldwin Park
C U Lo B QHE E 9�
� SAN GABRIEL �
�� VALLEY a"
a�A ryy,
'
aRAt�p JASiVPR`t
1W
FROM:
Honorable Mayor and Members of the City Council
Robert N. Tafoya, City Attorney
DATE: July 16, 2014
SUBJECT: Agreement for Chief Executive Officer
4tTl![MARV
The attached Agreement for Chief Executive Officer with Shannon Yauchzee ( "Agreement') is
presented for approval by the City Council. The Agreement confirms the appointment of
Shannon Yauchzee to the position of Chief Executive Officer to serve at the pleasure of the City
k.ouncil and sets the compensanon of the Chief 'Executive Officer to an annual base salary of one
hundred and eighty thousand dollars ($180,000.00). Mr. Yauchzee will receive some of the
same benefits provided to other City Directors and Managers as set forth in the "Executive
Employee Benefit Matrix" attached to the Agreement. The Agreement is subject to a six month
hale pay severance clause, if the City terminates the Agreement without cause and Mr, Yauchzee
signs a waiver of all claims.
RECOMMENDATION
It is recommended that the attached Agreement be approved by the City Council.
FISCAL IMPACT
The annual salary is provided for in the annual fiscal budget.
LEGAL REVIEW
The Agreement has been reviewed and approved as to form and content by the City Attorney.
BACKGROUND
Procedural History
The City Council conditionally selected Shannon Yauchzee to the position of Chief Executive
Officer on June 18, 2014, conditioned upon a background check and approval of an agreement.
This selection for conditional appointment was preceded by a months long search and interview
process that culminated in this Agreement being presented to the City Council today. First, the
search started months ago with individual councilmembers researching potential candidates.
Second, individual councilmembers identified who they considered viable candidates. Third, the
City Council discussed in closed session the process and timing of the selection of a Chief
Executive Officer. Fourth, the Mayor and Councilmembers were all given the opportunity to
submit potential candidates. Fifth, the candidates identified were contacted and asked if they
were interested in the position. Sixth, if interested, the candidates were asked to submit their
intent to apply for the position. Seventh, interviews were scheduled. Eighth, the interviews were
held for the interested and qualified candidates for CEO. Lastly, Mr. Yauchzee was selected
conditionally, pending a background check and approval of an employment agreement.
The Agreement with Mr. Yauchzee for the position of Chief Executive Officer, set to begin July
21, 2014, contains these elements:
Appointment and Term
The Agreement states that the City Council appoints Shannon Yauchzee to serve as the Chief
Executive Officer and that he will serve at the pleasure of the City Council. For this reason, the
Agreement does not specify a term of employment. Instead, Shannon Yauchzee's employment
as Chief Executive Officer will continue until the City Council terminates the appointment or
Mr. Yauchzee resigns. In short, Mr. Yauchzee is an "AT WILL" employee.
At -Will Employment
The Agreement specifies that Mr. Yauchzee's appointment to the position of Chief Executive
Officer is an at -will employment and shall have the powers and duties outlined in Baldwin Park
Municipal Code, Sections 31.01 et seq. The Agreement reserves the City Council's discretion to
terminate the appointment at any time with or without cause. It also confirms that Mr.
Yauchzee, as Chief Executive Officer, does not obtain any right under the City's personnel
ordinance, personnel rules and regulations or the Professional and 'Technical Employees
Association or any other memorandum of understanding.
Salary
The Agreement provides for the compensation of the Chief Executive Officer at an annual base
salary of one hundred and eighty thousand dollars ($180,000.00) plus some of the same benefits
2
provided to other City Directors and Managers as set forth in the "Executive Employee Benefit
Matrix" attached to the Agreement. It does not provide for any automatic pay increases.
Evaluation
The Agreement provides for an annual review of Mr. Yauchzee's performance based upon
criteria to be developed by the City Council in consultation with Mr. Yauchzee. As part of the
evaluation process, the City Council can consider the issue of compensation.
Severance Payment
The Agreement also provides for a severance payment to Mr. Yauchzee equal to six months of
Mr. Yauchzee's then actual salary upon a termination without cause subject to a release by Mr.
Yauchzee. Said severance shall only be paid if, and only if, he signs a waiver.
Attachment: Agreement for Chief Executive Officer
3
•ecWiI,
THIS AGREEMENT is made and entered into by and between the City of Baldwin Park,
a general law city (hereinafter "City ") and Shannon Yauchzee, an individual (hereinafter
"Employee").
Section 1. Duties
City agrees to employ Employee as the Chief Executive Officer with the
responsibility of managing, directing and monitoring the proper administration of
the City pursuant to the powers and duties outlined in Sections 31.01 et seq. of
the Baldwin Park City Code, hereinafter referred to as the "Code ".
2. in addition to t1 ie duties defined under ti ie Code, t1 he Employee as the Chief
Executive Officer also shall serve as the Executive Director of the Baldwin Park
Successor Agency to the Community Development Commission, the Executive
Director of the Baldwin Park Housing Authority and the Baldwin Park Finance
Authority, hereinafter collectively referred to as the "Other Agencies."
3. The Employee shall perform other related and necessary duties as required by
law and designated by the City Council or the governing boards of the Other
Agencies (collectively, the : "Governing Boards ").
A. The ('.ity (.nii;nCil and Chief Eveer, 1 ive nffirer Qhadl mutually establish
performance goals and objectives to be met by the Chief Executive Officer for
each year of this agreement. Said objectives shall be established as part of the
evaluation process. The City agrees to conduct a performance evaluation after
one year from the date of this Agreement, and also upon each annual
anniversary date of this Agreement.
5. The Chief Executive Officer hereby agrees to perform faithfully and to the best of
his abilities all the duties pertaining to said office as may be required by the laws
of the City of Baldwin Park and the State of California relating to municipal
corporations, and the rules and regulations of the City of Baldwin Park, which are
now in force or which may be put in force during the term herein stated, and
further shall perform such other tasks and duties as may be designated by the
City Council or the Governing Boards, and that the parties hereto agree that said
position as Chief Executive Officer shall be deemed and construed to be a full -
time position.
Section 2. Terms of Employment
1. The term of employment shall commence July 21, 2014, and shall continue
unless terminated as set forth in this Agreement.
2. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the City to terminate the service of the Employee as an "AT- WILL"
Employee, provided, however, that, in the event Employee is not in breach of
this Agreement and is terminated by the City Council for reasons other than
malfeasance in office, Employee shall be entitled to the rights set forth in Section
4 of this Agreement.
3. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the Employee to resign at any time from his or her position with the City.
Section 3. Compensation /Benefits
City agrees to pay as salary to the Employee during the period he is serving as
the Chief Executive Officer a base annual salary of $180,000 per year. Said
salary may be modified from time to time by a written amendment to this
Agreement, and /or an amended salary resolution approved and adopted by the
City Council, based upon the performance evaluation conducted pursuant to
Paragraph 4 of Section 1, above. The evaluation shall be conducted in
o nnrrr-iorno xAA +h cnor ifin r+ri to rin ininfly Anxinlnr%nA nnA finnh-7n l by tho (`ifv nnA
auuvi uai i�c vvrti 1 oNcvui�. %111L 111-4 wn iu y uc vc ivy vu ui iu iii iun«.0 '✓y a.� vny aI .0
Employee, and shall be used in determining whether there should be an
increase in salary.
2. The City shall provide to Employee all fringe benefits as are now, or as may
hereafter be given to all department heads of City. The present benefits are
detailed in Attachment "A" attached hereto, entitled "Executive Employee Benefit
Matrix ". In addition, the City shall provide the following benefits:
a. The City shall credit one hundred twenty (120) hours of vacation to the
Employee's vacation accrual account upon the first day of Employee's
employment. Employee shall begin accruing vacation time in accordance
with Attachment "A ", Vacation Step "b" which states that Employee will
accrue vacation time at a rate of 4.6154 hours biweekly.
b. The City shall credit ninety -six (96) hours of sick leave to the Employee's
sick leave accrual account upon the first day of Employee's employment.
C. The City shall credit Employee with one hundred (100) hours of
administrative leave with pay upon the first day of Employee's
employment. For each year of employment, Employee shall be credited
with such number of additional hours of administrative leave above those
provided in the Executive Employee Benefit Matrix so as to result in a
total of one hundred (100) hours of administrative leave with pay in each
year.
d. The vacation, executive leave, and administrative leave hours provided in
this section upon employment shall not be subject to the accrual or
cash -out restrictions established in the Executive Employee Benefit Matrix.
e. Upon the first day of employment, and on every July 21St thereafter the
City agrees to provide Employee with one hundred (100) hours of
executive leave, in addition to any other leave time provided by the
A reement.
Section 4. Termination and Severance Pay
1. In the event Employee is not in breach of this Agreement, and is terminated by
the City Council for reasons other than malfeasance in office, t h e C i t y
shall pay employee a severance payment equal to six (6)
months of actual pay IF AND ONLY IF EMPLOYEE SIGNS A
COMPLETE WAIVER INCLUDING, BUT NOT LIMITED TO A
CIVIL CODE SECTION 1542 WAIVER, RELEASING THE CITY
OF ALL LIABILITY TO EMPLOYEE. In the event Employee is
terminated because of malfeasance in office, including, but not limited to, his
conviction of any illegal act involving moral turpitude or personal gain to him, City
shall have no obligation to provide any severance pay as described herein and
may ter mil nate EZmp1oyee irnrneaiateiy without any severance pay.
Section 5. General Provisions
1. The text herein shall constitute the entire Agreement between the parties.
2. This Agreement shall be effective as of July 21, 2014, or such later date, as
Employee shall have successfully completed a background check.
3. This Agreement shall only be modified in writing signed by the Mayor of
Baldwin Park.
CITY OF BALDWIN PARK
Manuel Lozano By Shannon Yauchzee
Mayor Chief Executive Officer
:01
Date
Attest'.
Alejandra Avila
Baldwin Park City Clerk
RESOLUTION NO. 2008 - 062
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK AMENDING THE
EXECUTIVE EMPLOYEES BENEFITS MATRIX
WHEREAS, on April 20, 2005, the City Council adopted Resolution 2005-029
approving the Executive Employee benefits matrix,
NOW, THEREFORE, the City Council of the City of Baldwin Park does
hereby RESOLVE, DETERMINE AND ORDER as follows.-
SECTION 1. That this City Council does hereby approve the EXECUTIVE
EMPLOYEE BENEFITS MATRIX attached hereto as Exhibit A.
SECTION 2. All Resolutions or portions thereof in conflict hereby are hereby
repealed.
SECTION 3. The City Clerk shall forward a copy of this resolution to the Human
Resources Manager and certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 15th day of October, 2008.
Manuel Lozano
Mayor
Resolution 2008-062
Page 2
ATTEST.-
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK I
1, LAURA M NIETO, Deputy 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 its regular meeting of the 15th day of October 2008,
by the following vote'.
AYES: COUNCIL MEMBERS
NOES- COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: C:Kl-r- (Ini IKI(111 KAC:KAM:DQ
LAURA M. N I ETO
DEPUTY CITY CLERK
Marlen Garcia, Monica Garcia, Ricardo Pacheco,
Mayor Pro Tern Anthony J. Bejarano and Mayor
Manuel Lozano
NONE
NONE
Resolution 2008 -062
Page 3
EXECUTIVE EMPLOYEES
BENEFIT MATRIX
EffiffM01 M I►►i 1:11,111
Insurances /Supplemental Waae Pavments
Benefits Plan
Effective July 1, 2004, the City will contribute a sum not to exceed $1,200.00 per month for
each Executive employee towards benefits as detailed below:
The employee is required to maintain a minimum coverage for himself /herself in a plan of
their choice, unless the employee can show proof they have adequate health insurance
coverage through another source. In instances where the employee's medical insurance
premium is less than the City's monthly contribution, such employee will have an option to
have the excess monies placed toward an existing benefit program. These options
include:
1. Placement in a City provided health insurance plan for self, two (2) party or
family coverage.
2. Placement in a City provided dental insurance plan for self, two (2) party or
family coverage.
3. Placement spread over a combination of the options listed above.
4. Elect to receive any excess monies in cash, which will be considered as
taxable income, or
5. Elect to place the excess cash monies in a City provided deferred
compensation program.
Vision Plan
Effective January 1, 2009, the City will provide a vision plan, and will contribute up
to a maximum premium cost of $34.05 per month.
Life Insurance
The City will provide term life insurance in the face amount of $60,000.
Resolution 2008 -062
Page 4
VehicleNehicle Allowance
Effective July 1, 2004, the City will provide an Executive employee the choice to
receive a City -owned vehicle or will provide an amount of $300.00 per month vehicle
allowance for those Executive employees who choose to utilize their own personal vehicle
for City business.
Cell Phone Allowance
Effective July 1, 2004, the City will provide an Executive employee an amount of
$75.00 per month for use of a personal cell phone for City business.
Long-Term Disability and Short Term Disability
The City will provide long -term and short -term disability insurance coverage as set
forth in the plan on file in the Personnel Services Office.
Retirement — Miscellaneous Employees
Effective July 1, 2005, the City will amend the City's contract with the Public
Employees' Retirement System (PERS) to provide benefits at the 2.7% at 55 formula for
the Local Miscellaneous Employees and to incorporate employee shared participation
towards the contributions of said retirement benefit.
In order for the lit . provide ti ie bei � ^cfits as stated herein, the City amcnUeU its
contract with PERS. Pursuant to the amendments with PERS, the City is obligated to
contribute 4.598% of the employees' base salary as its contributions to PERS. In addition,
the employees are obligated to pay 8% of its base salary as its contribution to PERS.
Effective July 1, 2005, both the employees and the City agree that in order for the
City to provide benefits as stated herein, the employees express agree and hereby enter
into this Addendum to pay the City's cost of 4.598% of the employees' base salary in order
to receive the benefits as agreed to herein. The City expressly agrees to pay 7% of the
8% of the employees' contribution to PERS. Employees expressly agree to pay its
additional cost of 1% of employees' base salary. Accordingly, the employees agree to a
pay a total cost of 5.598% of the base salary. The employees' cost will be reflected on the
pay period ending date of July 2, 2005, pay date of July 7, 2005.
On July 1, 2006 — Employees will pay 5% and the City will pay 1.766% increase
to normal cost (difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of
their base salary. The employee's cost will be reflected after the pay period ending
date of July 1, 2006.
On June 30, 2007 — Employees will pay 3% and the City will pay 3.766%
increase to normal cost (difference between 2% @ 55 and 2.7% @ 55 retirement
formulas) of their base salary. The employee's cost will be reflected after the pay
period ending date of June 30, 2007.
Resolution 2008 -062
Page 5
All such employee contributions shall be deposited in the member's
retirement account.
The City will continue to pay the current employee's contribution of seven
percent (7 %) of the employee's base salary to the Public Employees' Retirement
System in addition to the allocated percentages for the increase to normal cost
(difference between 2% @ 55 and 2.7% @ 55 retirement formulas).
Retirement — Sworn Employees
The City will pay 100% of the employee's contribution to the CalPERS retirement
program and provide retirement benefits at the 3% at 50 formula as currently specified
under the City's contract with the California Public Employees' Retirement System. All
such employee contrihiitinnc shall ha dernngited in the member's retirement gnmint.
Attendance and Leaves
Sick Leave
The general policy for sick leave will he as set forth, for all full -time employees, in
Section 11.4 of the Personnel Rules.
Sick leave will accrue at the rate of 3.6923 hours on a biweekly basis and shall be
debited on an hourly basis.
Effective September 7, 1994, each eligible employee shall elect their maximum sick
leave hours accrual. Dependent upon the total number of currently accrued sick leave
hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900
hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at
a higher level than their closest currently accrued sick leave hours, they may do so. The
maximum accrual elected by the eligible employee will be irrevocable.
When an employee's service with the City is terminated for any reason, no
compensation shall be paid for the unused sick leave hours accrual bank.
Annual Sick Leave Incentive — Sick leave shall accrue on hourly basis of eight (8)
hours per month and shall be debited on an hourly usage basis. Each January 1, eligible
employees will commence to accrue sick leave hours above their prior elected sick leave
hours bank (300, 600 or 900).
At the close of the calendar year, each eligible employee will receive 50% of the unused
portion of sick leave hours as compensation, calculated at their then straight time hourly
rate. Payment will be made at the next closest pay period.
Resolution 2008 -062
Page 6
Vacation
All Executive employees shall accrue vacation leave in accordance with the
following:
a. Employees having less than five (5) years service with the City: 3.6923 hours on
a biweekly basis for time actually worked.
b. Employees having more than five (5) years service but less than ten (10) years
service with the City 4.6154 hours on a biweekly basis for time actually worked.
c. Employees having more than ten (10) years but less than fifteen (15) years
service with the City: 5.5385 hours on a biweekly basis for time actually worked.
d. Employees having more than fifteen (15) years hit less than twenty (20) years
service with the City: 6.4615 hours on a biweekly basis for time actually worked:
e. Employees having over twenty (20) years service with the City: 7.3846 hours on
a biweekly basis for time actually worked.
Employees will he entitled to Utilize arr_.rlled vacation leave after completion of six
(6) months continuous employment with the City.
Bereavement Leave
Each Executive employee shall receive the equivalent of three (3) working days per
incident, as needed, for a death in his or her immediate family. Immediately family shall
mean and include only the employee's spouse, children, step - children, parents, spouse's
parents, grandparents, spouse's grandparents, brothers and sisters. Said time will not be
cumulative from one twelve month period to another nor will pay in lieu of unused leave for
bereavement be provided.
Administrative Leave
Effective July 1, 2004, each Executive employee shall receive a maximum of
seventy -two (72) hours of administrative leave with pay each fiscal year. Unused time at
the end of each fiscal year, June 30, will be paid during the following month of July with
said time being calculated at their then straight time hourly rate.
Holidays
All Executive employees are currently working on an alternate work schedule of four
(4) days, ten (10) hours. While assigned to such work schedule, the following days shall
be observed as holidays:
January 1St, the third Monday in February; the last Monday in May; July 4th; the first
Monday in September; November 11th; the fourth Thursday in November;
December 24th; December 25th; and such other days as may be designated as
holidays by motion of the City Council.
Resolution 2008 -062
Page 7
If any of the foregoing holidays falls on a Friday and /or Saturday, the holiday will not
be observed on the preceding Wednesday or Thursday. If any of the holidays fall on
a Sunday, the Monday following is the holiday in lieu thereof.
Floatina Holidays
For each Executive employee working the 4/10 plan such employee will receive two
(2) ten (10) hour days of floating leave, for a total of 20 hours.
Holiday Bank
At the beginning of each calendar year, the City will determine how many of the set
holidays fall on a Friday and /or Saturday. An employee will be credited with an equivalent
number of hours of holiday time ( "Holiday Bank "). Each affected employee will also be
credited with the above floating holidays. For Executive Employees working the four (4)
day, ten (10) hour alternate work schedule, the holiday bank will be calculated at ten (10)
hours per holiday.
Employees may accumulate up to a maximum of one hundred (100) hours of
holiday bank time. Each January 1, such excess hours will be removed form the
employee's holiday bank hours accrual, calculated at their then straight time hourly rate
and placed in a holiday hours bank to be paid no later than June 30 of the same year.
if an employee separates employment from the City, and has used holiday bank
time prior to the occurrence of the actual holiday, he /she will have his /her vacation bank,
administrative leave and /or final paycheck reduced to reflect the excess holiday bank time
used.
If an employee separates employment from the City, and has not used any eligible
accrued holiday bank time, he /she will be paid for such eligible holiday bank time at his /her
straight time rate.
Compensation for Accrued Leave Time
Notwithstanding the maximum accruals established for vacation, administrative
leave and holiday bank, Executive employees may accrue up to a maximum of three (3)
months of additional paid leave time composed of a combination of vacation,
administrative leave and /or holiday bank time.
6 A
IAMMA
a a
JULY 16� 2014
7:00 PM
A,
A A
A
I
Manuel Lozano
Ricardo Pacheco
Cruz Baca
Monica Garcia
Susan Rubio
- Chair
- Vice Chair
- Board Member
- Board Member
- Board Member
PLEASE TURNOFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTELA JUNTA
PUBLIC COMMENTS COMENTARIOS DEL PUBLICO
The public is encouraged to address the Finance Se invita at p6blico a dirigirse a /a Agencia nombrada en esta
Authority on any matter posted on the agenda or on any agenda, para hablar sobre cualquier asunto publicado en /a
other matter within its jurisdiction. If you wish to address agenda o cualquier tema que est6 bajo sujurisdicci6n. Si usted
the Board, you may do so during the PUBLIC desea la oportunidad de dirigirse a la Agencia, podra hacerlo
COMMUNICATIONS period noted on the agenda. Each durante e/ periodo de Comentarios del POblico (Public
person is allowed three (3) minutes speaking time, A Communications) anunciado en la agenda. A cada persona se
Spanish speaking interpreter is available for your le permite hablar per tres (3) minutos. Hay un int6rprete para
convenience. su conveniencia.
FINANCE AUTHORITY
REGULAR MEETING — 7:00 PM
CALL TO ORDER
ROLL CALL
Board Members: Cruz Baca, Monica Garcia,
Susan Rubio, Vice Chair Ricardo Pacheco
and Chair Manuel Lozano
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or
special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made
or questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration
at a future meeting. [Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL comls16N
No se podra tomar acci6n en alg6n asunto a menos que sea incluido en la agenda, o a menos que exista
a1g6na emergencia a circunstancia especial. El cuerpo legislativo y su personal podran.- 1) Responder
brevemente a declaraci6nes o preguntas hechas por personas; 0 2) Dirigir personal a investigar y/o fijar
asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobiemo §54954.2]
CONSENT CALENDAR
1. TREASURER'S REPORT — MAY 2014
That the City Council receive and file the Treasurer's Report for May 2014.
ADJOURNMENT
CERTIFICATION
I, Alejandra Avila, Secretary of the Finance Authority 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 July
2014.
fy!
Alejandra Avila
Secretary
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda
are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County
Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the
office of the City Clerk at (626) 813 -5204 or via e -mail at rcaballero (D aldwin ark.com.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48
hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this
meeting. (28 CFR 34.102.104 ADA TITLE 11)
�,® HUB OF `®
THE
® o
SAN GABRIEL
2�o V A L LEY ay
JANUP��
SUMMARY
Attached is the Treasurer's Report for the month of May 2014. The Treasurer's Report lists all
cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority,
and the Successor Agency to the Community Development Commission (CDC). All
investments are in compliance with the City's Investment Policy and the California Government
Code.
112croyani,
None
That the City Council receive and file the Treasurer's Report for May 2014.
LEGAL REVIEW
None Required
Treasurer's Report — May 2014
Page 2
Attached is the Treasurer's Report for the month of May 2014, The Treasurer's Report lists all
cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority,
and the Successor Agency to the Community Development Commission (CDC).
The report separates cash into the following three sections:
• State of California Local Agency Investment Fund (LAIF) — this is where the majority of
the cash is held. City cash, which accounts for the largest portion includes monies from
the General Fund and all other restricted funds known as Special Funds. Money is kept
in LAIF until it needs to be transferred to cover warrants (payments to vendors,
contractors, etc.), payroll, or to pay the various bond payments.
• Fiscal Agent Funds — These amounts represent monies held by the various bond holders
that are restricted and which have been set aside for future bond payments.
® �� aSai — T iiiS Section provides the cash balances il i ' is +i1 City
anccS iit �uv various ChCCniiig accounts �iie �l�y
uses to pay its on -going payments.
The cash balances fluctuate during the year due to the timing of large payments, such as interest
and principal for bonds, and due to when the City receives its majnr sn„rc.eC of revenues (such as
sales tax and property tax in December, January and May each year.
The current investments are in compliance with the City's Investment Policy and to the
California Government Code.
Attachment: Treasurer's Report for May 2014
CITY OF BALDWIN PARK
TREASURER'S REPORT
May 31, 2014
ESTIMATE
INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET
DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE
State of California Local
23,561,094.09
23,561,094.09
Agency Investment Fund
23,561,094.09
Varies
City
0.23%
Varies
Housing Authority
0.23%
Varies
Fiscal Agent Funds - City
Varies
Varies
Fiscal Agent Funds - Successo
Varies
Varies
Varies
23,561,094.09
23,561,094.09
23,561,094.09
23,561,094.09
Varies
37,984.67
37,984.67
37,984.67
37,984.67
23,599,078.76
23,599,078.76
23,599,078.76
23,599,078.76
Varies
2,135,196.74
2,135,196.74
2,135,196.74
2,135,196.74
Varies
3,598,585.83
3,598,585.83
3,598,585.83
3,598,585.83
$
29,332,861.33
$ 29,332,861.33
5,733,782.57 $
29,332,861.33
Total Investments
$
29,332,861.33
Cash
City Checking
8,781,272.65
City Misr,-l1nnPmjS Cash
66.174.63
Comm. Develop. Comm.
0.00
Successor Agency
852,835.89
Housing Authority
460,235.60
Financing Authority
0.00
Total Cash
10,160,518.77
Total Cash and Investments
$
39,493,380.10
Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report.
There was no investment maturity/purchase transaction made for the month of May 2014 and several deposits/withdrawals were
made with the Local Agency Investment Fund.
In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment
liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months
that all investments are in compliance to the City's Statement of Investment Policy.
Approved by:
Finance Di
EAWANWA
10 LeMA I I 1 01101 N I
JULY 167 2014
7:00 PM
BALDWIN
P , A
Manuel Lozano
Ricardo Pacheco
Cruz Baca
Monica Garcia
Susan Rubio
R - K
Chair
Vice Chair
Board Member
Board Member
Board Member
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTELA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the Housing
Authority on any matter posted on the agenda or on
any other matter within its jurisdiction. If you wish to
address the Board, 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 pOblico a dirigirse a la Agencia nombrada en
esta agenda, para hablar sabre cualquier asunto
publicado en la agenda a cualquier tema que est6 bajo
su jurisdicci6n. Si usted desea la oportunidad de dirigirse
a la Agencia, podrj hacerlo durante e/ perfodo de
Comentarios del POblico (Public Communications)
anunciado en la agenda. A cada persona se /e permite
hablar par tres (3) minutos, Hay un int6rprete para su
conveniencia.
HOUSING AUTHORITY
REGULAR MEETING — 7:00 PM
CALL TO ORDER
ROLL CALL
Board Members: Cruz Baca, Monica Garcia,
Susan Rubio, Vice Chair Ricardo Pacheco
and Chair Manuel Lozano
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos sera el limite pars hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or
special circumstances exist. The legislative body or its Stan may: 1) Briefly respond to statements made or
questions asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a
future meeting, [Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL comlsON
No se podra tomar acci6n en algCjn asunto a menos que sea incluido en la agenda, C) a menos que exista
alg6na emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder
brevemente a declaraci6nes o preguntas hechas por personas,, o 2) Dingir personal a investigar y10 fijar
asuntos para tomar en consideraci6n en juntas proximas, [Codigo de Gobierno §54954,2]
CONSENT CALENDAR
1. TREASURER'S REPORT — MAY 2014
That the City Council receive and file the Treasurer's Report for May 2014.
ADJOURNMENT
CERTIFICATION
I, Alejandra Avila, Secretary of the Housing Authority 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 July
2014.
r..,
Alejandra Avila
Secretary
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 rca_ralfe oLgr�Par idwjLi <gr1<. ( oLn .
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)
0 R AMM"1111104
L 0
H UB OF
Oro,
THE 7A
U �K
SAN GABRIEL
kkVALLEY tip JANU Ply
I Al ME
rrEM NO. 9 A I
Attached is the Treasurer's Report for the month of May 2014. The Treasurer's Report lists all
cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority,
and the Successor Agency to the Community Development Commission (CDC). All
investments are in compliance with the City's Investment Policy and the California Government
Code,
None
That the City Council receive and file the Treasurer's Report for May 2014.
Lqjwl ffLULTA1
None Required
Treasurer's Report — May 2014
Page 2
Attached is the Treasurer's Report for the month of May 2014. The Treasurer's Report lists all
cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority,
and the Successor Agency to the Community Development Commission (CDC).
The report separates cash into the following three sections:
• State of California Local Agency Investment Fund (LAIF) — this is where the majority of
the cash is held. City cash, which accounts for the largest portion includes monies from
the General Fund and all other restricted funds known as Special Funds. Money is kept
in LAW until it needs to be transferred to cover warrants (payments to vendors,
contractors, etc.), payroll, or to pay the various bond payments.
• Fiscal Agent Funds — These amounts represent monies held by the various bond holders
that are restricted and which have been set aside for future bond payments.
• Cash — ii1iS SeCuuii provides tiie cash balances in the Various ciiwniii� accoun�o ui� �,i�y
uses to pay its on -going payments.
The cash balances fluctuate during the year due to the timing of large payments, such as interest
and Y,rinci„al for bonds, and due to when the City rorpiVPC if,, major sources of revenues (such a.0
sales tax and property tax in December, January and May each year.
The current investments are in compliance with the City's Investment Policy and to the
California Govermnent Code.
Attachment: Treasurer's Report for May 2014
CITY OF BALDWIN PARK
TREASURER'S REPORT
May 31, 2014
ESTIMATED
INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET
DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE I
State of California Local
23,561,094.09
23,561,094.09
Agency Investment Fund
23,561,094.09
Varies
City
0.23%
Varies
Housing Authority
0.23%
Varies
Fiscal Agent Funds - City
Varies
Varies
Fiscal Agent Funds - Successo
Varies
Varies
Varies
23,561,094.09
23,561,094.09
23,561,094.09
23,561,094.09
Varies
37,984.67
37,984.67
37,984.67
37,984.67
23,599,078.76
23,599,078.76
23,599,078.76
23,599,078.76
Varies
2,135,196.74
2,135,196.74
2,135,196.74
2,135,196,74
Varies
3,598,585.83
3,598,585.83
3,598,585.83
3,598,585.83
$ 29,332,861.33
$ 29,332,861.33
5,733,782.57
$ 29,332,861.33
Total Investments
$
29,332,861.33
Cash
City Checking
8,781,272.65
Citv Miscellaneous Cash
66,174.63
Comm. Develop. Comm.
0.00
Successor Agency
852,835.89
Housing Authority
460,235.60
Financing Authority
0.00
Total Cash
10,160,518.77
Total Cash and Investments
$
39,493,380.10
Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report.
There was no investment maturity/purchase transaction made for the month of May 2014 and several deposits/withdrawals were
made with the Local Agency Investment Fund.
In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment
liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months
that all investments are in compliance to the City's Statement of Investment Policy.
Approved by:
Finance