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HomeMy WebLinkAbout2015 02 18NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL • THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK • THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, FEBRUARY 18, 2015 at 5:30 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: February 12, 2015 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 February 12, 2015. Alejandra Avila City Clerk R ►I ._ e CITY COUNCIL SPECIAL MEETING Please note time and meetin FEBRUARY 18, 2015 location 5:30 PM CITY HALL — 3rd Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 BALDWIN Manuel Lozano Cruz Baca Monica Garcia Ricardo Pacheco Susan Rubio - Mayor - Mayor Pro Tern - Councilmember - Councilmember - Councilmember PLEASE TURNOFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, agenda on any matter posted on the agenda or para hablar sobre cualquier asunto publicado en la on any other matter within its jurisdiction. If you agenda o cualquier tema que este bajo su jurisdiccion. wish to address the City Council or any of its Si usted desea la oportunidad de dirigirse al Concilio o Agencies, you may do so during the PUBLIC alguna de sus Agencias, podra hacerlo durante el COMMUNICATIONS period noted on the periodo de Comentarios del 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) minutos. Hay interpreter is available for your convenience. un inter rete para su conveniencia. CITY COUNCIL SPECIAL MEETING — 5:30 P.M. CALL TO ORDER ROLL CALL: Council Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tern Cruz Baca and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos serf 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 S1 REQUIERE LOS SERVICIOS DEL iNTERPRETE No se podra tomar acci6n en alg0n asunto a menos que sea incluido en la agenda, o 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) Dirigir personal a investigar y10 fijar asuntos para tomar en consideraci6n en juntas proximal. [Codigo de Gobierno §54954.2] OPEN SESSION /STUDY SESSION 1. 2ND UNIT CODE AMENDMENT — Community Development 2. CITY EVENTS WORKSHOP — Recreation and Community Services RECESS TO CLOSED SESSION 1 CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6: Agency designated representatives: Shannon Yauchzee; Robert N. Tafoya; Jimmy Gutierrez Employee Organizations: General Unit of Maintenance Employees, SEIU Local 721; Police Officer Association; Professional and Technical Employees Association; Clerical Employees Association; Police Management Employees Association; Classified Confidential Employees Association; Classified Management Employees Association Unrepresented EmpLoyee s L_j: City Planner; Housing Authority Manager; Community Development Director; Human Resource Manager; Police Chief; Finance Director; Public Works Director; Recreation and Community Services Director CONFERENCE WITH LEGAL COUNSEL... I ICII A I EC LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): One (1) 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Hadsell v. City of Baldwin Park, Case Number: BC548602 Case Name: Casas v. City of Baldwin Park (BPCCC), Case Number: BS147794 Case Name: City of Baldwin Park v. City of Irwindale, Case Number: BS152919 Case Name: Lindsay v City of Baldwin Park, Case Number: 2:15 -cv- 00800 -BRO -MAN 4. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code Section 54956.8 Property: A portion of APN #8544 - 022 -902; generally known as Morgan Park Agency negotiators: Shannon Yauchzee, Robert N. Tafoya, Craig Graves Negotiating parties: Wireless Capital Partners Under negotiation: Terms and price RECONVENE IN OPEN SESSION CERTIFICATION I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting on February 12, 2015. .. /7 r . 4 Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960 -4011 ext. 466 ore -mail krussell(a)baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) FTATIOWMA i : I I 1 0 im m c '1Z 0 FEBRUARY • 11 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960 -4011 [MANY� P > - R, IC Manuel Lozano - Mayor Cruz Baca - Mayor Pro Tern Monica 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 tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. ;' ,ny vvi,i f-m public r c,'F'ord rehati 3g to aj,a , age da item f r session of r. -gulag me inn of the C icy Cot,;' "Pcil 'hat i; iC b x i t f 4 i7 i . a a . a„ i i "!C inspection d'a at City jai in t f lv C. er s` r `cb at 14403 e y r?e , 3rdFlioor during normal ? U.ir' ss hours (Monday CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL. Council Members: Monica Garcia, Ricardo Pacheco, Susan Rubio Mayor Pro Tern Cruz Baca and Mayor Manuel Lozano WA-• Clii • I UNK4110MANNff W 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 Sandra Futter, Director, and Dora Gomez, Board Member, of Project 29:11, a Community Development Corporation. Presentation of new GORequest mobile application for reporting graffiti, potholes, and other community service items, featuring the GO Request Video Tutorial. • Presentation by Lance Mungia, Executive Director of Community Media of the Foothills. 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 algOn asunto a menos que sea incluido en la agenda, o a menos que exista algOna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] City Council Agenda 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 that Council ratify the attached Warrants and Demands Register. Staff recommends that Council receive and file the Treasurer's Report for the month of December 2014. 3. REJECTION OF CLAIMS Staff recommends that Council reject the following claims and direct staff to send the appropriate notice of rejection to claimants: Mnghadam I<aVVan Cook, Paul 4. MEETING MINUTES Alleges wrongful impound of vehicle. Alleges civil rights violation Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of November 21, 2012, for the City Council Special, Regular, Finance and Housing Authority meetings. B. Meeting Minutes of December 5, 2012, for the City Council Special and Regular meetings. C. Meeting Minutes of December 19, 2012, for the City Council Special meeting and Housing Authority meeting. D. Meeting Minutes of January 28, 2015, for the City Council Special meeting. E. Meeting Minutes of February 4, 2015, for the City Council Special and Regular meetings. 5. PROFESSIONAL SERVICES AGREEMENT FOR VIDEO PRODUCTION AND CABLE TELEVISION ACCESS SERVICES CONTRACT AMENDMENT #3 Staff recommends that Council approve Amendment #3 to the Service Agreement with Community Media of the Foothills for Video Production and Cable Television Access Services, and authorize the Mayor to execute the Amendment. 6. APPROVE AND AUTHORIZE THE APPROPRIATION OF RESTRICTED FUNDS Staff recommends that Council approve and authorize the Director of Finance to make appropriate budget allocations to specified City projects and programs within restricted funds in accordance with a proposed list of projects provided for approval. 7. APPROVE AND AUTHORIZE THE OPTION AGREEMENT FOR LEASE OF CELL TOWER SITES WITH WIRELESS CAPITAL PARTNERS Staff recommends that Council approve and authorize the Mayor to execute the Option Agreement for lease of two cell tower sites with Wireless Capital Partners. City Council Agenda Page 3 8. AUTHORIZE - OF - TO EXISTING COMP1TE.1A AIDED DISPATCH/RECORDS M. . D Staff recommends that Council approve and authorize: 1. The waiver of the formal bidding process for the purchase of equipment, pursuant to Baldwin Park Municipal Code §34.23(8); and 2. Authorize the Director of Finance to complete a budget amendment for the amount not to exceed $96,017, from account nos. 205 -30- 320 -58110 and 205- 30- 330 - 58110, and designate such funds as restricted to the purchase of upgrades to the Spillman Technologies Computer Aided Dispatch /Records Management System; and 3. Authorize the Chief of Police, or his designee, to complete all of the appropriate documentation to complete the purchases. CONCERNING 9. REPEAL OF CHAPTER 133 OF THE BALDWIN PARK MUNICIPAL CODE OFFENDERS Staff recommends that Council: a. Waive the reading and adopt by title only the Ordinance No. 1369, entitled "An Urgency Ordinance of the City Council of the City of Baldwin Park, Repealing Chapter 133 of Title XIII, General Offenses, of The Baldwin Park Municipal Code." b. Waive the first reading introducing the Ordinance No. 1370, entitled "An Ordinance of the City Council of the City of Baldwin Park, Repealing Chapter 133 of Title XIII, General Offenses, of the Baldwin Park Municipal Code," and set a second reading to adopt the Ordinance, should the Urgency Ordinance not pass or be challenged. .•. • • 10. CONCEPTUAL DESIGN FOR WALNUT CREEK NATURE PARK Staff recommends that Council; a. Approve the conceptual design for the Walnut Creek Nature Park; or b. Provide direction to staff accordingly. Staff recommends that Council provide direction to staff of which events to implement and return with the appropriate funding and allocations. - Staff recommends that Council Receive and File the Mid -Year Budget for Fiscal Year 2014 -2015. City Council Agenda Page 4 CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE COMMUNITY DEVELOPMENT COMMISSION 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. APPROVE THE RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS 15- 16A) FOR THE PERIOD FROM JULY 1, 2015 TO DECEMBER 31, 2015, AND ASSOCIATED ADMINISTRATIVE BUDGET Staff recommends the Governing Body of the Successor Agency: a. Approve the Recognized Obligations Payment Schedule (ROPS 15 -16a) For The Period From July 1, 2015 To December 31, 2015; and b. Adopt the Successor Agency Administrative Budget for Fiscal Year 2015 -2016; and c. Direct staff to proceed with submitting the draft ROPS 15 -16A for approval to the Oversight Board; and d. Send the approved ROPS to the County Executive Officer, County Auditor Controller, the State Controller and Department of Finance; and e. Instruct staff to post the approved ROPS 15 -16A on the City's website. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Mayor Manuel Lozano for discussion & direction to staff on the following: Direction for staff on a Contract Amendment proposed for the contact between the City and Infrastructure Engineers executed on June 19, 2014. ADJOURNMENT CERTIFICATION 1, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California, the foregoing agenda was Posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 12" day of February, 2015. } 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 rcaballeroabaldwinpark.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 arranqements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda Page b ITEM NO. STAFF REPORT F p,AL�t;,l o> TO: Honorable Mayor and City Councilmembs HuaoF � , FROM: Craig A. Graves Director of Financee g � , ; • ; sari 646RJEL e DATE: February 18, 2015 PA tip' �' O�a8D SUBJECT: WARRANTS AND DEMANDS. JANE SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. FISCAL IMPACT The payroll for the last period was $419,902.85 and the attached General Warrants Register were $849,633.95 for a total amount of $1,269,536.80. LEGAL REVIEW None required. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. 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 his /her designee hoes 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: 1. The payroll of the City of Baldwin Park consisting of check numbers 196780 to 196804. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 239272 to 239512 for the period of December 07, 2014, through December 20, 2014, inclusive-, these are presented and hereby ratified in the amount of $419,902.85. 2. 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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. LEGAL REVIEW None required. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for December 2014. BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. CITY OF BALDWIN PARK TREASURER'S REPORT 12/31/2014 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local 25,092,947.62 25,092,947.62 Agency Investment Fund 25,092,947.62 Varies City 0.27% Varies Housing Authority 0.27 %, Varies Fiscal Agent Funds - City Varies Varies Fiscal Agent Funds - Successo Varies Varies Varies 25,092,947.62 25,092,947.62 25,092,947.62 25,092,947.62 Varies 28,028.78 28,028.78 28,028.78 28,028.78 25,120,976.40 25,120,976.40 25,120,976.40 25,120,976.40 Varies 684,491.85 684,491.85 684,491.85 684,491.85 Varies 2,937,929.90 2,937,929.90 2,937,929.90 2,937,929.90 $ 28,743,398.15 $ 28,743,398.15 3,622,421.75 $ 28,743,398.15 Total Investments $ 28,743,398.15 Cash City Checking 8,234,959.32 City Miscellaneous Cash 73,482.16 Comm. Develop. Comm. 0.00 Successor Agency 1,172,928.73 Housing Authority 124,914.24 Financing Authority 0.00 Total Cash 9,606,284.45 Total Cash and Investments $ 38,349,682.60 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity /purchase transaction made for the month of December 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: "`" ITEM NO. -3 ��-TAFF REPORT 110 This report requests the City Council reject the Claims for Damages to person or property received for filing against the City of Baldwin Park. FISCAL IMPACT Unknown at this time. Staff recommends City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimants: Moghadam, Kayvan Alleges wrongful impound of vehicle Cook, Paul Alleges civil rights violation This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Councilmembers refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Councilmembers. IVA a #"ALI"' Any specific questions should be referred to the City Attorney. k 11a U 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 motion and that the claimants are sent written notification of said action. None. ITEM NO. ' MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING NOVEMBER 21, 2812, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park 91706 These minutes are presented /n Agenda order. Various announcements 0r discussions may have occurred before 0r after the title under which they are presented. CALL TO ORDER The meeting was called to order by Mayor Lozano 8[7:OOp.00. INVOCATION The invocation was provided. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. PRESENT: ROLL CALL MEMBERS Council Member K8oden Garcia Council K8ennbe[ Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tern Susan Rubio Mayor Manuel Lozano ANNOUNCEMENTS Mayor L0z8D0 8DA0UnC8d 88 required by GDV8rlD1gD/ Code section 54854.3 that members of the City Council are also D?9D7benS of the 808nd of Directors of the 8oU8/Og Authority and Finance Authority, which are concurrently convening with the City Council this eVGV/n{/ and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Fi7GOC8 Authority meeting. Mayor Lozano expressed condolences to the family and friends of Mary Oozo. a long-time resident and active member of the community of Baldwin Park, who passed recently. As a 1O- year member of the Baldwin Park Women's C|ub, she received honors of the ''Kindest Angel" GVV8nd in 2003 and the ''VVO[DeD of the Year" award in 2008. She will be missed by a||. Mayor Pro Tern Rubio echoed the nan1mrho of Mayor Lozano and recalled that pictures of Ms. E}ozo were taken at m "Friends of the Library" [naeting, at which she was honorod, and asked that Director Carrillo provide a copy of the photo which will be hung at the VVoOO8O's Club to honor her. Mayor Pro Tern Rubio expressed appreciation to the men and women iO the United States Armed Forces and noted that the recent Veteran's [}ay celebration was successful and enjoyed a great turnout; noted that the Parks and Community Services staff did m tremendous job in coordinating and executing the event. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS There were no presentations made at this meeting. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:04 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Ken Woods, resident and business owner in Baldwin Park, expressed disappointment at the recent relocation of Dream Closets to South El Monte, noting that the owner said that he was tired of being hassled by the City; mentioned that the owner, in an act of appreciation, passed out turkeys to his business neighbors. Alturo Luna, Baldwin Park resident, opined that the proposed Safety Tax is just another way to collect money from its residents, who already pay a tremendous amount of taxes to all levels og government agencies; suggested that the City seek other methods of generating revenue; stated that retirement for part -time employees should be eliminated and that many in the community are on a fixed income or work two jobs; alleged that the City is not noticing proposed changes sufficiently. Greg Tuttle, Baldwin Park business owner, asked whether the drug test had been performed; noted that he had provided a copy of a newspaper article, published in the San Gabriel Valley Tribune, to Councilmember Marlen Garcia; read excerpts from the article; brought attention to an OSHA form that he had prepared, citing roof leaks and mold in City buildings, and the letter he submitted to the Finance Director, seeking revisions to City financial statements that he believes provide false information; opined that the City is claiming lack of funds but pointed out instances in which significant funds were being allocated. Terry Muse, representative of Waste Management, Inc., reminded everyone that, due to the Thanksgiving holiday, garbage pick -up services would be delayed by one day (deferred to the day after Thanksgiving); extended good wishes for the holiday season. John Rios, resident of Baldwin Park, suggested that the decision of whether the City chooses to contract with the Los Angeles Sheriff's Department or maintain the Baldwin Park Police Department should be brought to a vote of the people; opined that some councilmembers neglect the citizens and do not make visits to neighborhoods and community schools except during election season. Miguel Jueso, Baldwin Park resident, stated that a councilmember had indicated that community opinions were sought and found to support contracting with the L.A. Sheriff's Department but that he found that, in speaking to his neighbors, none support the change; pointed out that many of the neighbors and members of his church had no knowledge of the proposed change Seeing no others wishing to speak, the Mayor declared Public Communications closed at 7:18 p. M. Page 2 of 6 CONSENT CALENDAR 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Mayor Lozano, seconded by Councilmember Garcia, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 2. TREASURER'S REPORT: SEPTEMBER AND OCTOBER 2012 Staff recommends that the City Council receive and file the September and October 2012 Treasurer's Report. A motion was made by Mayor Lozano, seconded by Councilmember Garcia, and carried (5 — 0) to receive and file the September and October 2012 Treasurer's Report. AYES: NOES: ABSENT: ABSTAIN Lozano, Garcia, Garcia, Pacheco, Rubio None. None. None. 3. ANALYSIS OF PUBLIC SAFETY TAX OPTIONS Staff recommends that the City Council provide direction regarding the timing, type and amount of the proposed Public Safety Tax. Finance Director Quijano stated that the report and presentation had previously been presented to Council at the meetings of October 3rd and November 7th so she offered to answer any questions of council. Mayor Lozano stated that this item was agendized for consideration at his request; pointed out that, with the recent passing of Proposition 30 which would impose a state -wide tax, he supports of the concerns of citizens in the community and does not support the proposed Public Safety Tax. Mayor Pro Tern Rubio stated that she had previously requested that the consideration of contracting out law enforcement services and of a Public Safety Tax be taken at a slower pace so that information could be disseminated and the community could be educated on what the proposed changes mean to them both financially and the effects of changing the delivery of law enforcement services. Mayor Lozano noted that he plans to direct staff to include the information in the Baldwin Park NOW newsletter and supports taking more time to inform the community; stated that all five members of the City Council support the Baldwin Park Police Department and regardless of the decision made, he will not commit to anything that will result in the City going bankrupt. Page 3 of 6 Councilmember Marlen Garcia expressed concern regarding the various sources of tax demands on the average citizen and noted that many families in the community have been hit hard by the economic downturn; stated that she, too, does not support the Public Safety Tax. Mayor Pro Tern Rubio restated her desire to have a letter to go to each household of Baldwin Park notifying them of the proposed changes; expressed concern regarding reports that many Baldwin Park police officers are already applying to the Sheriff's Department and that this move puts unnecessary pressure on police officers and is premature since no firm decisions have been made. Councilmember Pacheco stated that he does not support the proposed tax and feels that additional examination of the budget is needed; stated that he strongly supports doing a value - based comparison to evaluate the available options; noted that many of the current police officers have a long and in -depth knowledge of the city and that represents a great value to the community; pointed out that negotiations with the Police Union has not been concluded so any decision would be premature. Councilmember Monica Garcia stated that she supports many of the comments made here and that she does not support any tax increases but also noted that the City of Montebello has been faced with budget problems because such a large portion of their General Fund is appropriated to pay for police and fire department personnel while the same portion of the General Fund pays for police services alone. Having it made clear that Council does not wish to pursue this matter further, a motion was made by Mayor Lozano, seconded by Councilmember Monica Garcia, and carried (5 — 0) to reject the proposed Public Safety Tax. AYES: Lozano, Garcia, Garcia, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Following the vote, Mayor Pro Tern Rubio requested that one or more study sessions be held to focus some much needed attention to the current and future budget issues. CITY COUNCIL I CITY CLERK I CITY TREASURER I STAFF REQUESTS & COMMUNICATIONS Request by Councilmember Ricardo Pacheco for discussion and direction to staff on the following: • Resolution in Support of the Trust Act. Councilmember Pacheco requested that this item be held over to the next meeting. Request by Councilmember Monica Garcia for discussion and direction to staff on the following: • In an effort to keep residents informed of City Council Budgetary challenges and decisions, specifically related to public safety, create an e -mail list of residents who prefer to receive information via e -mail. Create a portal that residents can access on the City's website. Page 4 of 6 Councilmember Monica Garcia directed staff to develop an e -mail list for dissemination of Council agendas and related information, and use this as an opportunity to send the Baldwin Park NOW electronically as well. • Plan for next job fair that is inclusive to all residents and targets veterans. Councilmember Garcia directed staff to make a point of targeting veterans at the next job fair since there are a great number of veterans returning home who are seeking employment and have valuable skills. • Meet with City of El Monte officials and understand the partnership between public, private and non - profit entities which will result in a 40 unit housing development for Veterans. Explore opportunities to create housing for Veterans in Baldwin Park. Councilmember Garcia directed staff to facilitate a meeting [on a future date to be determined] with the City of El Monte in order to glean information and gain an understanding of how the public — private - non - profit partnership was developed and inquire as to the degree of success; explore opportunities to possibly enter into a similar arrangement in order to create new housing for veterans. Request by Mayor Manuel Lozano for discussion and direction to staff on the following: • Send the Baldwin Park NOW newsletter more frequently to homes to keep the residents informed about city's fiscal issues and the Sheriffs phase // Study and Process. Councilmember Pacheco pointed out that publication and dissemination of the NOW was originally suspended due to funding constraints and asked about the funding resources and possible cost saving measures that could be taken to publish the newsletter without putting a financial strain on City funds. Further, he asked that articles that appear in the NOW be authored in a manner which does not imply that all councilmembers support or object to a particular issue. Councilmember Monica Garcia asked that the information pertaining to the proposed L.A. County Sheriff's Department be presented fully and clearly so that the citizens understand the facts of the matter. She further requested that the information be presented in a non - partisan way. Mayor Pro Tem Rubio pointed out that, because the matter is still being studies and firm terms and costs have not been established, it would not be prudent to publish very specific information when there is no way to declare such information as fact. Councilmember Pacheco echoed the thoughts of Mayor Pro Tern Rubio, stating that all of the costs and comparisons have not been established and should not be published until the information is confirmed and unbiased.. Mayor Lozano asserted that publication of the importance that is available would begin the process of informing the community of what is being considered and the types of data being used to analyze the options. Councilmember Marlen Garcia stated that all of the information had previously been presented and the community had an opportunity to attend; suggested that a portal be provided on the City's website that will allow interested parties to view a video of the presentation made by the Los Angeles County Sheriff's Department. Page 5 of 6 Mayor Pro Tern Rubio and Councilmember Pacheco further asserted their concern with regard to the potential content of any articles presented in the NOW with regard to the proposed contract L.A. County Sheriff's Department being considered. Following discussion, a motion was made by Mayor Lozano, seconded by Councilmember Marlen Garcia, and carried (5 — 0) to resume publication of the Baldwin Park NOW newsletter and the begin with publishing information and announcements regarding the County Sheriff's Contract and the Baldwin Park Police Department. AYES: Lozano, Garcia, Garcia, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Mayor Pro Tern Rubio announced that the City's Tree Lighting Ceremony would take place on December 6, 2012, at 6:00 p.m., at the Esther Snyder Community Center and invited the citizens of Baldwin Park to come join the celebration. Mayor Lozano remarked on an assertion made during Public Communications, rejecting the statement regarding the annual compensation of Chief Executive Officer Singhal and the ranking of his salary on a pay scale statewide. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano, seconded by Councilmember Marlen Garcia, to adjourn the meeting at 7:58 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk U2201NIM Page 6 of 6 MINUTES BALDWIN PARK CITY COUNCIL SPECIAL MEETING NOVEMBER 21, 2012,6:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at or around 6:00 p.m. by Mayor Lozano. ROLL CALL PRESENT: Councilmember Marlen Garcia Councilmember Monica Garcia Councilmember Ricardo Pacheco Mayor Pro Tern Susan Rubio Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at or around 6:05 p.m. Seeing no one wishing to speak, Public Communications closed at or around 6:05 p.m. OPEN SESSION /STUDY SESSION None. Council recessed to Closed Session at or around 6:06 p.m. RECESS TO CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association; Un- represented employees; and part -time employees 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Properties: 14173 Garvey Avenue, Baldwin Park, CA Agency Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: Ray Baker, The Lamar Companies Under Negotiation: Price and terms of payment 3. PUBLIC EMPLOYEE APPOINTMENT (GC §54957) Public Works Director Page 1 of 2 RECONVENE TO OPEN SESSION/REPORT FROM CLOSED SESSION Council reconvened to Open Session cdor around 8:55p.nn. ADJOURNMENT There being no further business, the meeting was adjourned at or around 6:56 p.m. Alejandra Avila, City Clerk Manuel Lozano, Mayor Page 2 of 2 MINUTES BALDWIN PARK FINANCE AUTHORITY NOVEMBER 21, 2012, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:58 p.m. ROLL CALL City Council present: Council Member Ricardo Pacheco Council Member Marlen Garcia Council Member Monica Garcia Mayor Pro Tem Susan Rubio Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:58 p.m. and seeing no one wishing to speak, Public Communications closed at 7:58 p.m. CONSENT CALENDAR 1. TREASURER'S REPORT: AUGUST, SEPTEMBER AND OCTOBER 2012 Staff recommends that the City Council receive and file the August, September and October 2012 Treasurer's Report. A motion was made by Mayor Lozano, seconded by Councilmember Marlen Garcia, and carried (5 — 0) to receive and file the August, September and October 2012 Treasurer's Report. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano, seconded by Councilmember Marlen Garcia, to adjourn the meeting at 8:00 p.m. Mayor ATTEST: City Clerk MINUTES BALDWIN PARK HOUSING AUTHORITY NOVEMBER 21, 2015,7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 8:01 p.m. ROLL CALL City Council present: Council Member Ricardo Pacheco Council Member Marlen Garcia Council Member Monica Garcia Mayor Pro Tern Susan Rubio Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:01 p.m. and seeing no one wishing to speak, Public Communications closed at 8:01 p.m. CONSENT CALENDAR 1. TREASURER'S REPORT: AUGUST, SEPTEMBER AND OCTOBER 2012 Staff recommends that the City Council receive and file the August, September and October 2012 Treasurer's Report. A motion was made by Mayor Lozano, seconded by Councilmember Marlen Garcia, and carried (5 — 0) to receive and file the August, September and October 2012 Treasurer's Report. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano, seconded by Councilmember Marlen Garcia, to adjourn the meeting at 8:02 p.m. Mayor ATTEST: City Clerk APPROVED: ITEM NO. MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING December 5, 2012, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:05 p.m INVOCATION The invocation was provided. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano ROLL CALL Council Member Marlen Garcia Council Member Ricardo Pacheco Council Member Monica Garcia Mayor Pro Tern Susan Rubio Mayor Manuel Lozano ANNOUNCEMENTS Councilmember Monica Garcia requested that this meeting be closed in memory of Renato Cuiroz Rivas, who passed tragically on November 25, 2014, Mr. Rivas was employed with Waste Management for 24 years as commercial recycling truck driver and is survived by his wife, Maria, two sons and a daughter. Council extended condolences to the family and those who knew him. Mayor Pro Tern Rubio extended an invitation to the community to attend the City's official Tree Lighting Ceremony tomorrow, December 6, at 6:00 p.m. and reminded everyone of the MetroLINK "Toy Express" which will be rolling through Baldwin Park on Sunday, December 9, 2012. Councilmember Pacheco asked that Council keep Frank Pastore, a retired Cincinnati Reds Pitcher and now radio host on Christian station KKLA -FM, in their prayers. He said that Mr. Pastore had been in motorcycle accident recently and is now in a coma. He asked the community keep him in their thoughts. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS Certificate presentation to Church of the Redeemer, Iglesia Ni Cristo, Cecelia Bernal, and Nancy Fernando for the participation in the Clean -Up Walnut Creek Nature Park. Councilmember Marlen Garcia made the presentation of Certificates of Recognition to Pastor Paul Flores and Sister Cecelia Bernal, representing the Church of the Redeemer, as well as Deacon Ruben De La Cruz and Sister Nancy Fernando, representing Iglesia Ni Cristo, for their contribution in coordinating the clean up the Walnut Creek Nature Park. Status update from the California Center for Public Health Advocacy (CCPHA) on Robert Wood Johnson "Healthy Kids, Healthy Communities" Initiative and Complete Streets. Christina Cardinas, Regional Advocacy Manager, and Rosa Soto, Regional Director, from the CCPHA, reported on the accomplishments of the organization within the Baldwin Park community. City Council Regular Meeting Minutes 7/17/13 REORGANIZATION OF THE CITY COUNCIL — SELECTION OF MAYOR PRO TEMPORE Recognizing precedence in the election process by rotation, Mayor Pro Tem Rubio made motion to elect and Councilmember Marlen Garcia seconded, that Councilmember Monica Garcia assume the position as Mayor Pro Tempore. Motion was made and the vote carried (5 -0). PUBLIC COMMUNICATIONS Mayor Lozano announced Public Communications as open at 7:29 p.m. and announced that speakers are allowed two (2) minutes for each speaker. Greg Tuttle, Baldwin Park business owner, asserted that Mayor Lozano had, at a previous meeting, called him a liar and Mr. Tuttle was present to provided rebuttal such remarks; opined that the City Manager is intentionally delaying and /or failing to fulfill Public Records Requests; narrated several pieces of information related to Council members, City Management and employees; opined that the City is not as transparent as it claims to be. Terri, Waste Management, provided an informal report on AB341 Workshop regarding the Commercial and Multi- family Recycling Program; noted that it was very well attended with over 30 people showing up; stated that the community is showing signs of being very cooperative and taking a proactive approach to implementing the program. Ken Woods, Baldwin Park resident and business owner, spoke about the Proposed Water Runoff Bill which was mailed to residents by Los Angeles County; noted that, should the bill pass, it will present a significant financial burden and he encouraged everyone to send in the provided letter which expresses opposition to the bill. There being no additional speakers, Mayor Lozano closed public communications at 7:36 p.m. Following Public Communications, Councilmember Marlen Garcia extended welcome to a group of interns who are in attendance as part of the Educational Outreach Program; noted that, for clarification, she does not control Mayor Lozano's personal finances as previously asserted but that she is treasurer of his political campaign. Councilmember Marlen Garcia also expressed appreciation to Sally Wick, a resident of Baldwin Park, who wrote a letter to the editor at the San Gabriel Valley Tribune; the letter pertained to domestic violence and how some had used their experience as a political crutch. Councilmember Garcia stated that she is a strong advocate of helping those who are victims of domestic violence. CONSENT CALENDAR 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands. Motion was made by Mayor Lozano, seconded by Rubio, carried (5 -0) to ratify the attached Warrants and Demands. AYES: Garcia, Mayor Pro Tern Garcia, Mayor Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 2 of 4 City Council Regular Meeting Minutes 7/17/13 2. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL Staff recommends the City Council approve the preparation and presentation of the Certificates of Recognition and Proclamation as outlined in the staff report. Motion was made by Mayor Lozano, seconded by Rubio, carried (5 -0) to approve the preparation and presentation of the Certificates of Recognition and Proclamations for the Walnut Creek Nature Park Clean Up Campaign. AYES: Garcia, Mayor Pro Tern Garcia, Mayor Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. AWARD OF A CONSULTANT SERVICES TO HIRSCH & ASSOCIATES, INC. FOR THE DESIGN OF THE BARNES PARK IMPROVEMENTS IN THE AMOUNT OF $30,57€3 Staff recommends the City Council 1. Award of Consultant Services Agreement to Hirsch & Associates, Inc. in the amount of $30,570 and authorize the Mayor to execute the Agreement; and 2. Authorize the Director of Recreation & Community Services to execute any necessary reprographic /publication expenses in an amount not to exceed $1,500.00; and 3. Create a Barnes Park Improvement Capital Project and appropriate $32,070 of the previously approved allocation for this project from CDBG Fund 220. Motion was made by Mayor Lozano, seconded by Rubio, carried (5 -0) to approve and authorize the Mayor to execute the Agreement with Hirsch & Associates, Inc., in the amount of $30,570, to authorize the Director of Recreation and Community Services to execute any necessary reprographic /publication expenses in an amount not to exceed $1,500.00, and to create a Barnes Park Improvement Capital Project and appropriate $32,070 of the previously approved allocation for this project from CDBG Fund 220. AYES: Garcia, Mayor Pro Tern Garcia, Mayor Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Following approval, Councilmember Pacheco announced that the expenditure of funds as related to Item No. 3 of this agenda would not be taken from the General Fund and that Recreation and Community Services has applied for grant which will fund the playground improvements and an upgrade of water recycling system REPORTS OF OFFICERS None. CITY COUNCIL I CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Councilmember Ricardo Pacheco for discussion and direction to staff on the following: Evaluate a potential Zoning Code Amendment to allow a Bus /Automotive Storage Yard and Accessory Repair Function in the Industrial Commercial (IC) Zone. Page 3 of 4 City Council Regular Meeting Minutes 7/17/13 Councilmember Pacheco stated that the agenda was in slight err in that the zoning code amendment he wished to have considered was not for a bus /automotive storage yard in the industrial commercial zone but to allow parking and storage of mini buses. He pointed out that mini bus owners are sometime caught in a difficult situation because of zoning ambiguities and he asked that staff look at the zoning and develop some solutions to bring back for Council consideration. Councilmember Marlen Garcia pointed out that this subject had previously come before Council and had been discussed in depth, including how it would affect the General Plan, and that it was presented for vote and was subsequently defeated. Councilmember Pacheco made motion to have this item brought back for consideration, Councilmember Rubio seconded, Councilmember Marlen Garcia objected. Mayor Lozano asked for roll call with the following results: AYES: Roberto Pacheco, Susan Rubio NOES: Marlen Garcia, Monica Garcia, Manuel Lozano. ABSENT: None. ABSTAIN: None. Motion was defeated by a vote of (2 — 3). In the effort to attain Energy Efficiency and Cost Savings, I would like staff to Review the California Energy Commission's Energy Partnership Program and submit an application for Funding for Technical Assistance Services. Councilmember Pacheco explained that the California Energy Commission's Energy Partnership Program will provide funding to those entities that seek to move towards renewable energy and energy efficiency; suggested that Council consider directing staff to prepare the application for the Technical Assistance Services grant fund and present it at a future meeting for Council approval. ADJOURNMENT A motion was made by Lozano, seconded by Pacheco, and carried (5 -0) to adjourn the meeting at 7:51 p. M. Mayor ATTEST: City Clerk APPROVED: Page 4 of 4 MINUTES BALDWIN PARK CITY COUNCIL SPECIAL MEETING DECEMBER 5, 2012, 6:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at or around 6:05 p.m. by Mayor Lozano. PRESENT: Councilmember Marlen Garcia Councilmember Monica Garcia Councilmember Ricardo Pacheco Maynr Prn Tem Susan Rubin Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at or around 6:05 p.m. Seeing no one wishing to speak, Public Communications closed at or around 6:05 p.m. OPEN SESSION /STUDY SESSION None. Council recessed to Closed Session at or around 6:06 p.m. RECESS TO CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association; Un- represented employees; and part -time employees 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC §54956.9 (c)) Richard Harper — Claim No. 001 -05 -00047 3. PUBLIC EMPLOYEE APPOINTMENT (GC §54957) Public Works Director RECONVENE TO OPEN SESSION /REPORT FROM CLOSED SESSION Council reconvened to Open Session at or around 6:55 p.m. Page 1 of 2 ADJOURNMENT There being no further business, the meeting was adjourned at or around 6:56 p.m. ATTEST: Alejandra Avila, City Clerk APPROVED: Manuel Lozano, Mayor Page 2 of 2 ITEM NO. qC- MINUTES BALDWIN PARK CITY COUNCIL SPECIAL MEETING DECEMBER 19,2012,6:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 6:04 p.m. by Mayor Lozano. ROLL CALL PRESENT: Councilmember Marlen Garcia Councilmember Ricardo Pacheco Councilmember Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 6:04 p.m. Seeing no one wishing to speak, Public Communications closed at 6:04 p.m. OPEN SESSION /STUDY SESSION None. Council recessed to Closed Session at 6:05 p.m. RECESS TO CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - INITIATE LITIGATION (GC §54956.9 (c)) - One Case 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GS §54956.8) Properties: 13940 Live Oak Avenue, Baldwin Park CA Agency Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: Doug Corcoran, Waste Management Under Negotiation: Price and terms of payment 3. CONFERENCE WITH LABOR NEGOTIATOR (GCA §54957.6) Agency Negotiators: Vijay Singhal, Chief Executive Officer and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association; Un- represented employees; and part -time employees 4. PUBLIC EMPLOYEE APPOINTMENT (GC §54957) Public Works Director Page 1 of 2 RECONVENE TO OPEN SESSION/REPORT FROM CLOSED SESSION Council reconvened to Open Session at 6:55 p.m. ADJOURNMENT There being no further business, the meeting was adjourned at 6:56 p.m. Mayor ATTEST: City Clerk APPROVED: Page 2 of 2 MINUTES BALDWIN PARK HOUSING AUTHORITY DECEMBER 19, 2012, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:58 p.m ROLL CALL City Council present: Council Member Ricardo Pacheco Council Member Marlen Garcia Council Member Susan Rubio Mayor Pro Tern Monica Garcia Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:58 p.m. and seeing no one wishing to speak, Public Communications closed at 7:58 p.m. PUBLIC HEARINGS 1. FISCAL YEAR 2012/2013 CITY, HOUSING AUTHORITY AND SUCCESSOR AGENCY PROPOSED BUDGET It is recommended that the City, Housing Authority and Successor Agency conduct a public hearing and following the public hearing approve the proposed Fiscal Year 2012/2013 Budget as presented or amended and waive further reading, read by title only and adopt Resolution Nos. 2012 -038 (City); HA 2012- 003 (Housing Authority), and SA2012 -004 (Successor Agency); respectively. Reference City Council Agenda Item #7 and Item #1 of Successor Agency Motion was made by Mayor Lozano, seconded by Councilmember Pacheco to carry Item No. 1, Public Hearing for Fiscal Year 2012/2013 City, Housing Authority and Successor Agency Proposed Budget, to the next regularly scheduled meeting of the City Council to be held on January 16, 2013. There being no objections, motion carried 5 -0. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano, seconded by Councilmember Marlen Garcia, to adjourn the meeting at 8:00 p.m. Mayor ATTEST: City Clerk ITEM NO. MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING JANUARY 28, 2015, 5:30 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 5:43 p.m. by Mayor Lozano. ROLL CALL PRESENT: Councilmember Ricardo Pacheco Councilmember Monica Garcia C o incilm?mher Susan Rubio Mayor Pro Tern Cruz Baca Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 5:43 p.m. Ken Woods, Baldwin Park resident, spoke against the proposed high - density housing development, pointing out that the already heavy traffic congestion would only worsen based on the location of the proposed development and that the development is not conducive to the proposed location. Carlos Lopez, Baldwin Park resident, introduced himself to Council, noting that he had previously been an electrician but is now a computer technician; expressed appreciation for the work that Council is putting in to grow the community and improve the quality of life. Greq Tuttle, Baldwin Park business owner, expressed disappointment that some councilmembers were absent from the Audit Committee meeting; extended appreciation to the Police Department for their efforts to build rapport and become an integral part of the community again; voiced objection to the high- density housing project and, in particular, to the Montebello Housing project, pointing out that it is being proposed for development in an area that should be designated for commercial development in alignment with the existing area. Jason Adams, Baldwin Park Police Association (BPPA), expressed gratitude to Council for setting the meeting in which the concerns of the BPPA could be discussed; provided Council with hand -out material that featured data on the Association's proposal, noting that Baldwin Police Association officers are amongst the lowest paid, in compensation and benefits, of the public safety staff members in California; pointed out that recruiting talented officers and keeping seasoned officers is tied to the ability to offer such benefits; presented a report from the California Policy Center which lists California's Most Financially Stressed Cities, and indicated where Baldwin Park falls on the list; asked Council to consider this in their decision. Seeing no others wishing to speak, Public Communications closed at 5:53 p.m. OPEN SESSION /STUDY SESSION Open /Study Session items will be heard following the conclusion of Closed Session. Council recessed to Closed Session at 5:53 p.m. RECESS TO CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATIONS Pursuant to Government Code Section 54957.6: RECONVENE TO OPEN SESSION /REPORT FROM CLOSED SESSION Council reconvened to Open Session at 6:22 p.m. REPORT FROM CLOSED SESSION Mayor Lozano announced that the City Council voted 5 — 0 to approve the Police Officers Association (POA) Proposal, with the exception that education and longevity benefits are only for sworn officers, and gave staff direction to draft a Memorandum of Understanding (MOU) as approved today for ratification by the City Council at a regular Council Meeting. STUDY SESSION MONTEBELLO HOUSING PROJECT PRESENTATION — Continued from Study Session held on January 21, 2015. Mayor Pro Tern Baca expressed concern and disappointment that her previous request for a meeting with representatives with Montebello Housing to discuss some of the concerns she has with the project went unfulfilled. Following her statement, Mayor Pro Tern Baca made a motion to postpone any decisions regarding an Exclusive Negotiation Agreement (ENA) with Montebello Housing to a future meeting, thereby providing an opportunity for Montebello Housing to fulfill their promise to meet with her before the final decision. A motion was made Mayor Pro Tern Baca, seconded by Councilmember Rubio, but failed by a vote of 2 — 3, with Mayor Lozano, Councilmember Garcia, and Councilmember Pacheco voting against the motion. Ayes: Baca, Rubio Noes: Lozano, Garcia, Pacheco Absent: None. Abstain: None. Page 2 of 3 Councilmember Garcia pointed out that Montebello Housing had previously entered into an ENA with the City but the proposals never came to fruition during that time period of six months; pointed out that Montebello has put a significant amount of time and effort into presenting designs and should be given an opportunity to continue working on this project. Following this discussion, Mayor Lozano made a motion to approve the ENA and to direct staff to prepare the documents accordingly. A motion was made by Mayor Lozano, seconded by Councilmember Pacheco, carried 3 — 2, with Mayor Pro Tern Baca and Councilmember Rubio voting against the motion, to approve moving forward with preparing to enter an ENA with Montebello Housing, with the stipulation that alternate sites would be explored and considered for development, and directed staff to prepared the Agreement and associated documents to be presented to Council at a future regular meeting of the City Council. Ayes: Lozano, Garcia, Pacheco Noes: Baca, Rubio Absent: None. Abstain: None. ADJOURNMENT There being no further business, motion was made by Lozano, seconded by Rubio, to adjourn the meeting at 6:29 p.m. ATTEST: Alejandra Avila, City Clerk Manuel Lozano, Mayor Page 3 of 3 ITEM NO. MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING FEBRUARY 4, 2015, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order by Mayor Pro Tern Baca at 7:12 p.m. INVOCATION The invocation was provided by Councilmember Pacheco. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tern Baca. ROLL CALL MEMBERS PRESENT: Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tern Cruz Baca MEMBERS ABSENT: Mayor Manuel Lozano Council Member Monica Garcia REPORT ON CLOSED SESSION Mayor Pro Tern Baca stated that no reportable action was taken on Item Nos. 1, 2 and 3. Furthermore, no action was taken on Item No. 4, however staff received direction to initiate negotiations with the Police Officers Association. Mayor Pro Tern Baca stated that Closed Session was in recess and would reconvene following the Regular Council Meeting. ANNOUNCEMENTS Mayor Pro Tern Baca commented on the recent wrestling extravaganza, Lucha Libre, which she attended; noted that the event was very entertaining and was well attended; encouraged everyone to attend next year's event. Mayor Pro Tern Baca also reminded everyone of the Lunar New Year Celebration scheduled for Friday, February 6, 2015, from 9 a.m. to 11 a.m. Councilmember Rubio reminded everyone of the upcoming Valentine's Day Candlelight Dance at the Senior Center on February 7, 2015, and encouraged everyone to attend. Councilmember Pacheco reported on his recent attendance to the Independent Cities Association Winter Seminar, January 30 through February 1, 2015; noted that he attended each of the seminars which included Drones in Los Angeles; Surveillance Cameras in Communities; Mutual Aid Resources; Regional Narcotics Program; as well as several other sessions covering many other key topics. Councilmember Pacheco also spoke of a new product called Ivy -It which is a synthetic product that is resistant to weathering and from which graffiti can be easily rinsed away; suggested that staff review the product information and consider installation on city rights -of -way as appropriate. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS None. PUBLIC COMMUNICATIONS Mayor Pro Tern Baca opened Public Communications at 7:34 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Greg Tuttle, Baldwin Park business owner, echoed the comments of the Mayor Pro Tern regarding the wrestling event, stating that it was very successful and is appropriate for all ages, expressed gratitude to Council for its selection of the audit company and appreciation that the reports have brought to light the items that need to be worked on; opined that the soccer leagues continue to use city facilities and should be charged for their use; inferred that there is a "buddy system" preventing the proper charging of fees. Al Luna, Baldwin Park resident, expressed concern regarding the financial stability of Montebello Housing and concern that any proposed project may fail, leaving the City to pick up the financial pieces; asked what the City is doing to create opportunities to generate revenue; stated that any corporations that wish to open a business in Baldwin Park should be required to prove financial stability, should be required to pay taxes or pay a lump sum before building. Thomas Kerri, concerned citizen, suggested that new soccer leagues should be brought in to create competition; commented on the measles outbreak and the ebola health scare; commented on a pending lawsuit, stating that the litigant is a bully. John Rios, Baldwin Park resident, commented on a negative newspaper article about Baldwin Park, saying that the article is not balanced and does not reflect some of the positive changes that have occurred; opined that the Council is headed in the right direction; expressed concern regarding an apparent disparity with charging of fees for use of city facilities; also commented on the noticeable decline in maintenance of city parks and sports facilities, noting that food trucks are parking on city property and selling food, thereby creating an excess of litter in the area. Margarita Vargas, Baldwin Park resident, provided a reminder of the need to proceed with the installation of street lights in her neighborhood. Representative of Donate Life of California spoke of the success of their Rose Parade float and the intended interpretation of each feature on the float; provided history and data of the organization's contribution to the community and to those in need of organ and tissue transplants; noted that Council had presented a Proclamation last year to recognize April as National Donate Life Month and requested that Council consider recognizing the month of awareness by presenting a Proclamation again this April. Lance Mungia, Community Media of the Foothills, offered to answer any questions of Council regarding the proposed amendment appearing on the agenda at Item No. 4. Seeing no others wishing to speak, Public Communications closed at 7:00 p.m. Page 2 of 4 CONSENT CALENDAR 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Pacheco, seconded by Rubio, and carried (3 — 0 — 2, Mayor Lozano and Councilmember Garcia absent) to ratify the Warrants and Demands Register. AYES: Baca, Rubio, Pacheco NOES: None. ABSENT: Lozano, Garcia. ABSTAIN: None. 2. MEETING MINUTES Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of December 119, 2V 12, for the City Council Regular Meeting. B. Meeting Minutes of January 7, 2015, for the City Council Special and Regular Meetings. C. Meeting Minutes of January 21, 2015, for the City Council Special and Regular Meetings, Finance Authority and Housing Authority Meetings. A motion was made by Pacheco, seconded by Rubio, and carried (3 — 0 — 2, Mayor Lozano and Councilmember Garcia absent) to receive and file the following Meeting Minutes. AYES: Baca, Rubio, Pacheco NOES: None. ABSENT: Lozano, Garcia. ABSTAIN: None. 3. AUTHORIZE THE ADVERTISEMENT OF A REQUEST FOR PROPOSALS (RFP) FOR PRINTING OF THE BALDWIN PARK NOW. Staff recommends that Council approve and authorize the Director of Recreation and Community Services to proceed with advertisement of an RFP for printing of the Baldwin Park NOW, or provide alternative direction for the selection process. A motion was made by Pacheco, seconded by Rubio, and carried (3 — 0 — 2, Mayor Lozano and Councilmember Garcia absent) to approve and authorize the Director of Recreation and Community Services to proceed with advertisement of an RFP for printing of the Baldwin Park NOW. AYES: Baca, Rubio, Pacheco NOES: None. ABSENT: Lozano, Garcia. ABSTAIN: None. 4. PROFESSIONAL SERVICES AGREEMENT FOR VIDEO PRODUCTION AND CABLE TELEVISION ACCESS SERVICES CONTRACT AMENDMENT #3. Staff recommends that Council approve Amendment #3 to the Service Agreement with Community Media of the Foothills for Video Production and Cable Television Access Services, and authorize the Mayor to execute the Amendment. Page 3 of 4 Councilmember Pacheco requested that this item be held until the next Council meeting and asked that the company, Community Media of the Foothills, provide a presentation of its work at the next Council meeting. 5. CITY OF BALDWIN PARK COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR 2013114, AND ASSOCIATED AUDITOR'S REPORTS Staff recommends that Council approve the recommendation of the Audit Committee to Receive and File the City of Baldwin Park Comprehensive Annual Financial Report (CAFR) for Fiscal Year 2013/14 and Associated Audit Reports. Mayor Pro Tern Baca asked that this item be held for discussion. Mayor Pro Tern Baca commended the new audit company, Brown Armstrong, and expressed confidence in that the City is heading in a new, positive direction as a result of the audit; invited the public to attend an Audit Committee meeting to get an understanding of how government finances and budgeting is developed. Councilmember Pacheco commented on the audit and expressed his appreciation to Brown Armstrong for heeding requests to write the audit report in a way that is uncomplicated and not difficult to understand. Councilmember Rubio pointed out that, while the audit did bring attention to deficiencies of the City, it creates an opportunity to address those deficiencies and strive for improvement. A motion was made by Baca, seconded by Pacheco, and carried (3 — 0 — 2, Mayor Lozano and Councilmember Garcia absent) to Receive and File the City of Baldwin Park Comprehensive Annual Financial Report (CAFR) for Fiscal Year 2013/14 and Associated Audit Reports. AYES: NOES: ABSENT: ABSTAIN REPORTS OF OFFICERS Baca, Rubio, Pacheco None. Lozano, Garcia. None. None. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS None. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Baca, seconded by Pacheco, to adjourn the meeting at 7:55 p.m. ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk Page 4 of 4 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING FEBRUARY 4, 2015, 5:30 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 5:44 p.m. by Mayor Pro Tern Baca. ROLL CALL PRFSFNT° Councilmember Ricardo Pacheco Councilmember Susan Rubio Mayor Pro Tern Cruz Baca ABSENT: Mayor Manuel Lozano Councilmember Monica Garcia PUBLIC COMMUNICATIONS Mayor Pro Tem Baca opened Public Communications at 5:45 p.m. Greg Tuttle, Baldwin Park business owner, expressed his objection to pursuing the Eastern Keystone lawsuit scheduled for discussion this evening in Closed Session; commented on a parcel of property located near his place of business, stating that the property is not vacant and that the owner does not intend to sell the property; commented on the New Release featured on the City's website, noting that all parties should be credited for their efforts; requested that internet service being provided to 'specified] elected officials be discontinued; commended the Director of Finance and the Audit company for their work. Art Luna, Baldwin Park resident, opined that meetings do not always start on time and asked why meetings do not start on time; commented on interrupting persons speaking during Public Communications; expressed objection to the newly designated reserved parking in the adjacent garage; opined that the soccer league(s) are not accountable for their use of city property. John Rios, Baldwin Park resident, commented on the Eastern Keystone lawsuit, pointing out that the funds spent to defend the case are a waste; opined that a "buddy system" exists between Montebello Housing and elected officials; noted that Barnes Park had over 200 youngsters playing soccer the previous night and asked whether the teams were paying for the use of city facilities. Seeing no others wishing to speak, Public Communications closed at 5:59 p.m. OPEN SESSION Presentation by Brown Armstrong of the City's Audit, The City Of Baldwin Park Comprehensive Annual Financial Report (CAFR) For Fiscal Year 2013/14 and associated Audit Reports Connie Perez, representing Brown Armstrong, and Craig Graves, Director of Finance, jointly narrated a PowerPoint presentation and discussed the various steps taken during preparation for, performance of, and summarizing the results of the City's Audit. Following the presentation, Ms. Peres and Mr. Graves offered to answer questions of Council. Page 1 of 4 Mayor Pro Tern Baca expressed appreciation to Ms. Perez and to Brown Armstrong for the comprehensive work performed; expressed a desire to correct deficiencies of the past and strive for improvement in the future. Councilmember Rubio thanked the Audit Committee for its participation in helping to address areas of concern; recognized the importance of collaboration and commended Brown Armstrong for their work. Councilmember Pacheco also commended Brown Armstrong, the Department of Finance and the Audit Committee, noting that it can be very difficult to delve into such a project; also noted and thanked Brown Armstrong for publishing the report in a manner that is understandable to the `layman.' Consideration of Revisions to Baldwin Park Municipal Codes Pertaining To Billboards Community Development Director Marc Castagnola narrated a PowerPoint presentation in which he explained the City's current Municipal Code, the location and nature of existing billboards, and the restrictions imposed by CaiTrans in relation to installation of new billboards. Following the presentation, Director Castagnola responded to questions from Council and discussion ensued. Mayor Pro Tern Baca expressed concern about the vulnerability of graffiti if additional billboards are installed. Councilmember Pacheco asked questions of the Director regarding how CalTrans defines "landscape." Councilmember Rubio expressed her adamant objection to declassification of freeway rights -of -way because of the negative perception of the city without the esthetics of landscape; noted that the city makes a great number of exceptions which is uncalled for. She further commented on the Downtown Plan and suggested that the plan be expanded to encompass the community; also suggested a [term] moratorium on billboards until the matter can be addressed more effectively. Councilmember Rubio asserted that the city seems to be passive and neglected by CalTrans; suggested that staff needs to take a stronger stance with CalTrans. After discussion, Council chose to table this consideration to a future meeting. Council recessed to Closed Session at 6:14 P.M. RECESS TO CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Three (3) 2. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Hadsell v. City of Baldwin Park, Case Number: BC548602 Case Name: Casas v. City of Baldwin Park, Case Number: BS145297 Page 2 of 4 Case Name: Casas v. City of Baldwin Park (BPCCC), Case Number: BS147794 Case Name: Eastern Keystone v. City of Baldwin Park Case Number: BS150623 3. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code Section 54956.8 Property: A portion of APN #8544- 022 -902; generally known as Morgan Park Agency negotiators: Shannon Yauchzee, Robert N. Tafoya, Craig Graves Negotiating parties: Wireless Capital Partners Under negotiation: Terms and price 4. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6: Agency designated representatives: Shannon Yauchzee; Robert N. Tafoya Employee Organizations: General Unit of Maintenance Employees, SEIU Local 721; Police Officer Association; Professional and Technical Employees Association; Clerical Employees Association; Police Management Employees Association; Classified Confidential Employees Association; Classified Management Employees Association Unrepresented Employee(s): City Planner; Housing Authority Manager; Community Development Director; Human Resource Manager; Police Chief; Finance Director; Public Works Director; Recreation and Community Services Director CLOSED SESSION RECESSED Council reconvened Open Session at 6:55 P.M. Mayor Pro Tern reported during the Regular City Council Meeting that Closed Session Item Nos. 1 through 3 were not discussed but that Council would be reconvening in Closed Session after the Regular Meeting to discuss those items. CLOSED SESSION RECONVENED Council reconvened to Closed Session at 8:00 P.M. ADJOURNMENT There being no further business, motion was made by Baca and seconded by Rubio to adjourn the meeting at 8:28 p.m. REPORT ON CLOSED SESSION Mayor Pro Tern Baca supplemented the earlier Closed Session report with the following: Item No. 1: no reportable action was taken. Item No. 2: Case No. BS145297, Council voted (3 -0 -2, Mayor Lozano and Councilmember Garcia absent) to direct staff to settle the case for the amount of $38,500 and no other reportable action taken; Case No. BS150623, Council voted (3 -0 -2, Mayor Lozano and Councilmember Garcia absent) that no independent counsel would be retained to defend or advise on this case and no other reportable action was taken; Page 3 of 4 Case Name: Hadsell v. City of Baldwin Park, Case Number: BC548602 Case Name: Casas v. City of Baldwin Park (BPCCC), Case Number: BS147794 Item No. 3: no reportable action was taken. Item No. 4: Staff received direction to begin negotiations with the Police Officers Association. ATTEST: Alejandra Avila, City Clerk APPROVED: Manuel Lozano, Mayor Page 4 of 4 ITEM NO. STAFF REPORT DABRIEL;' TO: Honorable Mayor and City Councilmembers FROM: Marc Castagnola, AICP, Community ev lopment Dir Amy L. Harbin, AICP, City Plann r ��s `- DATE: February 18, 2015 SUBJECT: Professional Services Agreement for Video Production and Cable Television Access Services Contract Amendment #3. OWN u_t The purpose of this report is to seek City Council approval of a contract amendment #3 with Community Media of the Foothills (CMF). FISCAL IMPACT There is no impact to the General Fund. Services provided by CMF are paid entirely through the PEG Channel Grant Fund. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. RECOMMENDATION Staff recommends the City Council approve the third amendment to the Professional Services Agreement for video production and cable television services and direct the Mayor to execute said agreement. BACKGROUND In 2012, the City entered into an Agreement with Community Media of the Foothills for video production and cable television access services for the City's public, education and government (PEG) channel. A summary of the main points of the agreement is listed below: (1) Provide applicable locally produced governmental or educational content and public service announcements from LA County, other public agencies, non - profits and surrounding cities in accordance with governing rules, policies and guidelines; and (2) Provide a monthly updated programming schedule; and (3) Oversight of live online stream of channel content; and (4) Production Services are also part of the contract and will include CMF shooting, editing and cable - casting the following: - -ten (10) City Special Events each up to one (1) hour long; and - -six (6) public service announcements; and - -two (2) one -hour long shows for the term of the contract. As indicated by Attachment #2, provided by CMF, they have met the terms of the agreement and are continuing to provide the City with PEG Channel services and video production services to date. Community Media of the Foothills Contract Amendment February 18, 2015 Page 2 On August 18, 2013, the City Council approved an amendment to the professional services agreement for video production and cable television access services between the City and Community Media of the Foothills (CMF). This first amendment included updated compensation, and deleted the section in the original contract regarding initial set -up with regards to policies and procedures for PEG Channel usage. Amendment 92 clarified and specifically indicated that the term of the contract was for 12 months February 1, 2013 and concluding on January 31, 2014. Amendment #3 provides for a term that is partially retroactive beginning February 1, 2014 and concluding on June 30, 2016 at the end of the 2015 -2016 fiscal year. Accordingly, the compensation will be adjusted to reflect total payments of $70,808.14 or $2,441.66 per month. All other aspects of the original contract, the first amendment and second amendment shall remain the same including the flexibility provided by CMF regarding event filming. AL T EWl ATIVES Should the City Council not approve the contract amendment, the City's PEG Channel would not be programmed, and City events, such as Concerts in the Park, would not be filmed for viewing on the City's PEG Channel. As an alternative, the City could do an RFP, however the process is costly and takes up staff time and in the past and has not proven to be of any benefit and did not result in any cost savings. ATTACHMENTS *Attachment 41, Amendment No. 3 to Professional Services Agreement *Attachment #2, Accomplishments by CMF THIS THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR V1OEC> PRODUCTION AND CABLE TELEVISION ACCESS SERVICES ("this Third Amendment") is made and entered into by and between the City of Baldwin Park' a municipal corporation, ("City") and Community Media of the Foothills, a California Nonprofit Corporation /''CK8F"\. A. VVh8F88S. (}hv and CK8F entered into 8 Professional Services Agreement for Video Production and Cable Television Access Services (the "Agreement") dated February 1'2O12. - --�-����---�B�-/Vhere@er- G h*-nnd-CNYF- amended |the Agreement to- increase eernpenaatkan- p@yab|etoCK8FfOr8dditionolS8n/iCea/the'`FirstA0SDd0ent^") C. VVhens8S. the Agreement and the First Amendment eh8|| be referred to as the "Amended Agreement." D. Whereas, the Second AnlSOdOl8nt extended the term of the contract through January 31'2O14. E. In eCoOPd@DCe with paragraph 2.3 of the Amended Agreement, City and CMF seek to execute this Third Amendment of the Amended Agreement as detailed below. NOW, THEREFORE, iD consideration 0f the mutual covenants contained herein, the parties hereto agree aSfollows: 1. The term of the Third Amended Agreement shall be retroactively extended from February 1.2U14 through June 3O'2O1O. 2. Compensation Sh3U be increased to $70.808.14 which reflects payments beginning February 1. 2014 through JUO8 30' 2016. 3 total of 29 payments Of $2,441.66 each month. 3. All other provisions of the Amended Agreement are unchanged and binding. IN WITNESS WHEREOF, the parties have executed this Third Amendment tO Professional 88rviC8S Agreement for Video Production and Cable Television Access Services as of the date stated below: late: 12015 THE CITY OF BALDWIN PARK Manuel Lozano, Mayor [Signatures continued on Page 2) [Signatures continued from Page 1] ATTEST: APPROVED /U jaOdnaAvi(a'CitV{}|erk Rob8rilN. Ta$ya, C rney APPROVED AS TO FORM: LOrnaimsghOdSt@ff, Counsel for CK8F J Munqia-,--E-xecutive Director OMW IM A non-profit 501c3 Box 227, Monrovia CA 91017 626.357-4974 October 16, 2014 Amy Harbin City Planner City of Baldwin Park Amy, Visit the KGEM.TV studio: 847 E. Olive, Monrovia CA www.KGEM.tv Board of Directors: Bob Melisso Chair Dave Gaw Vice Chair Scott Austin Treasurer Rena Delgado Secretary Ward Calaway John Johnson Tom Reale Ameer J. Alahee Attached please find a list of the events covered for Baldwin Park so far in the calendar year 2014. We at CNIF have been very happy to work with the city staff and develop programming for the city's educational and governmental channel. We've also been happy to program the channel as well. The city's I.T. department has been great to work with. As part of what our 501 c3 non profit does we give volunteers from the local communities we serve the opportunity to see and work in real production environments and !'in happy to say we have had some great volunteers come out from Baldwin Park as well to work on shoots. For the remainder of 2014 we look forward to shooting more events and developing policies with city staff to put more programming of interest to Baldwin Park residents on the air. We have a library of bi-lingual content, concerts, and public service announcements that we receive from county and state agencies that we hope to soon be putting on air in Baldwin Park. We remain excited to develop community video resources for the city and look forward to continuing to grow together. Sincerely, Lance Mungia Executive Director Community Media of the Foothills 1 10 — the rniss, "? qfcorrmnurky Me d! a of the Foothills to pronwte a rtL-ry and ey.presslori, freedom of speech arld chic pride =hr a ugh. use of community media,' A non-profit 501c3 Box 227, Monrovia CA 91017 626.357-4974 Visit the KGEM.TV studio: 847 E. Olive, Monrovia CA www.KGEM.tv Concert In The Park - Sgt. Pepper Band Four -camera -live s w-itc-h-ed shoot _--played out on -channel Concert In The Park - Calderon Band Four camera live switched shoot -played out on channel Concert In The Park- Grupo Addiccion Four camera live switched shoot -played out on channel Taste of Baldwin Park Festival - 3 camera shoot - played out on channel 'V Baldwin Park Farmers Market PSA 2 camera interview and b roll crew -- edited and played out on channel City Services Promo Video A video developed with city staff to promote services offered - in progress h is the M! slon Of Community rvletfia of the Foothills w pro ore artistry and expressi0,7, freeda, r, of spee ch cn d civic Pride thro Ugh use of Comm Unky Mediae ' Board of Directors: Bob Melisso Chair Dave Gaw Vice Chair Scott Austin Treasurer Rena Delgado Secretary Ward Calaway John Johnson Tom Reale Ameer.1, Alahee ITEM NO. TO: Honorable Mayor and City Councilmembers FROM: Daniel Wall, P.E., Director of Public Works / City Enginee DATE: February 18, 2015 SUBJECT: APPROPRIATION OF RESTRICTED FUNDS SUMMARY This will authorize the Director of Finance to appropriate non programmed restricted funds for specific projects and uses. FISCAL IMPACT The approval of these appropriations will not impact the City's General Fund. The approval of these appropriations ensures that these funds are available lvr the projects and uses specified by this action. The following table shows the impact on the affected restricted funds. Fund Current Balance Projected Remaining FY 14/15 Expenditures Recommended Appropriations Remaining Balance Gas Tax $4,418,230 $487,279 $3,782,150 $148,801 Pro A $1,160,944 $58,935 $963,567 $138,442 Pro C $1,643,619 $355,200 $1,081,430 $206,989 Measure R $2,318,147 $258,946 $1,740,000 $319,201 PY COMMENDATION It is recommended that the City Council authorize the Director of Finance to make appropriate budget allocations to specified projects and programs within restricted funds in accordance with the following table: Project Estimated Cost Grant Funds Restricted Funds Gas Tax Prop A Prop C Measure R 1 Maine Avenue Complete Streets $4,152,000 $3,701,000 $311,000 $140,000 2 Transit Bus Purchase $1.900.000 $1,186,433 $713,567 3 CNG Station $1,200,000 $800,000 $400,000 4 San Gabriel River Bikeway $1,295,400 $959,250 $336,150 5 Trolley Program $720,395 $700,395 $20,000 6 Frasier Avenue Improvements $895,288 $895,288 7 Maine and Pacific $715,000 $614,570 $100,430 8 Bridge Repair $769,000 $673,000 $96,000 9 Paving $3,500,000 $0 $3,000,000 $500.000 10 Traffic Signals at two intersections $350,000 $0 $350,000 11 Bus Stop Improvements $500,000 $0 $250,000 $250,000 12 Median Turf Removal $500,000 * $500,000 13 Downtown Improvements 1 $600,000 1 $0 1 1 $600,000 *The City will apply for $2 per square foot rebate through MVWD for Turf Replacement BACKGROUND The first eight projects listed on the table above represent over $9.5 million in grants that have been awarded to the City. All of grant funded projects, with the exception of the Frasier Avenue Improvements, require that specific dollar amounts of City Funds be used toward the overall project cost as a partial match for the grant. The City's required match for the grant funded projects is $2.5 million. APPROPRIATION OF RESTRICTED FUNDS February 18, 2015 The last five projects (projects 9 through 13) shown on the table are entirely funded with City Funds. With the exception of Project 10 (Traffic Signals at two intersections), these projects have not been designed and are only conceptual at this time. The allocation of restricted funds for these conceptual projects provides a framework that will allow staff to fully develop projects for later approval by the City Council. LEGAL REVIEW None required ALTERNATIVES For grant funded projects, if the City wishes to receive the grant funds it must contribute the required match, the use of restricted funds allows the City to meet the match requirements without using General Fund money. The City Council could choose to use the restricted funds listed for different projects, however not meeting the required match would forfeit the grant funds. For the other none grant funded projects listed, the City Council could choose to allocate the amounts shown at its pleasure. A. Project Descriptions B. Restricted Funds Expenditure Guidelines from the State Controller's Office. APPROPRIATION OF RESTRICTED FUNDS February 18, 2015 Page 3 Attachment A Project Descriptions 1. The Maine Avenue Complete Streets project will construct improvements along Maine Avenue from Los Angeles Street to Arrow Highway. These improvements will include the reconfiguration of the corridor by means of a road diet decreasing automobile travel lanes from the current four to two. This project will also include the Class II bike ways, curb extensions, sidewalk extensions, round- abouts, pedestrian lighting and ADA accessibility improvements. This project is currently in design. 2. Transit Bus Purchase — This item will purchase five CNG powered busses to replace aging diesel powered busses in our transit fleet. The new busses will be equipped with cameras to monitor drivers and passengers, and will provide for improved disabled access. 3. CNG Station — The City has received grant funding from the MSRC and a draft cost sharing agreement from Los Angeles County for the construction of a retail CNG refueling station. The location of this refueling station will be on the City owned parking lot in front of the County Public Works Yard at the intersection of Ramona and Badillo. Once constructed, this enterprise has to potential to be a continual source of money to the General Fund. 4. San Gabriel River Bikeway — This bike path will run along the Walnut Creek Wash from Baldwin Park Boulevard to the San Gabriel River with entrances at Baldwin Park Boulevard and Walnut Creek Nature Park. The bike path would continue along the San Gabriel River to Ramona Boulevard, where it would cross the river and connect with the regional 'bike path on the distant side of the San Gabriel River. While there is $959,250 in grant funding for this project, this is short of what is needed for a project of his magnitude. Recently the City applied for an additional $1 million in additional funding through Metro's 2015 Call for Projects. 5. Trolley Program — The City received a Toll Grant for the purchase and two -years of operation of a trolley system. The trolley will take passengers to and from major employment centers and the Metro Station mornings and evenings and between major employment centers and the downtown district during mid- day. Work on this project will begin as soon as Metro finalizes its MOU with the City for the project. 6. Frasier Avenue Improvements - This project, entirely funded by the Toll Grant, will provide pedestrian and bicycle safety improvements along Frasier Avenue. An RFQ for the design of the project will be issued as soon as Metro finalizes its MOU with the City for the project. 7. Maine and Pacific — This project which includes installing traffic signals at Pacific and Bogart and improving the turn lanes from Pacific onto Ramona has been designed and is currently waiting for environmental clearance from Caltrans before the City takes this out to bid for construction. 8. Bridge Repair— The City has entered into an agreement with Los Angeles County for the repair of bridges using Federal funds. The Gas Tax allocated to this project is the City's match. 9. Paving — This item provides a budget for paving projects to be designed in -house by the newly hired Engineering Manager. These project will be brought to the City Council for its approval prior to going out for bid. APPROPRIATION OF RESTRICTED FUNDS February 18, 2015 Page 4 10. Traffic Signals at Two Intersections — At the January 21, 2105, City Council Meeting, the Notice Inviting Bids was approved for the installation traffic signals at the intersection of Los Angeles Street and La Rica Avenue and at the intersection of Baldwin Park Boulevard and Ohio Street. 11. Bus Stop Improvements — This item will provide for the installation of bus shelters throughout the City. Bus stops on at key locations will be equipped with smart bus tracking to provide real time information on when the next bus will arrive. Special design considerations will be made for bus stops along major streets in the downtown area. 12. Median Turf Removal — The City's turf landscaped center medians currently consume a lot of water and require very labor intensive maintenance. This project will remove turf from selected center medians and replace it with low water landscaping or xeriscaping. There are a number of ways to implement this project ranging from artificial turf, to low water ground cover and shrubs to hardscape and any or all combinations. The first step in this effort would be to develop a design palette for presentation to the City Council at a study session prior to � a-'rong any changes to the medians. 13. Downtown Improvements — This item provides funding a variety of potential projects in the Downtown area including acquisition of right of way for the service street in the Civic Plaza, Gateways as called for in the Downtown Specific Plan, Tree lighting, etc. APPROPRIATION OF RESTRICTED FUNDS February 18, 2015 Paae 5 Attachment B Guidelines for Gas Tax Expenditures Guidelines for Proposition A and Proposition C Local Return Measure R Local Return Guidelines Copies of the above reference Guidelines are available for viewing at the City Clerk's Office. ME Honorable Mayor and City Councilmembers Shannon Yauchzee, Chief Executive Office �y February 18, 2015 OPTION AGREEMENT WITH WIRELESS CAPITAL PARTNERS SUMMARY This report provides for the approval of an Option agreement to assign two cell tower leases to Wireless Capital Partners for a term of 30 years for a lump sum of $1,000,000. FISCAL IMPACT The City would receive a one -time lump sum payment of $1,000,000 in exchange for the current lease payments. This money would be unrestricted and could be deposited into the General Fund. RECOMMENDATION It is recommended that the City Council approve the attached Option agreement with WCP for the Mayors signature. BACKGROUND WCP is one of several firms that purchase cell tower leases as a long term Investment. In this case the City has two cell tower leases, one at Hilda Solis Park ($2,427 a month with 19 years remaining) and one at Morgan Park ($2,960 a month with 19 years remaining). However the current lease terms are not guaranteed and could be terminated with 30 days' notice. If the City sells the leases for a lump sum, this risk of termination for the City is eliminated. WCP assumes the risk in exchange for the purchase of the monthly lease payments. Also the agreement will include a clause such that if the wireless providers vacate the site(s) and WCP is not able to locate another carrier for the site within 5 years, the lease terminates and the property interest returns to the City. If the Option agreement is approved, staff and the City attorney will move ahead with finalizing the Purchase agreement and bring it back for final approval of the City Council. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES The City Council may choose to direct staff to not enter into such an agreement or to negotiate for another term. Since this term is favorable, it is unlikely that further negotiations would result in better results. ATTACHMENTS #1, WCP Purchase agreement #2, Option agreement TO: BOF'� v� FROM: HE ABRIEL ,� ' LEY:",, l'' DATE: . JAN13 SUBJECT: Honorable Mayor and City Councilmembers Shannon Yauchzee, Chief Executive Office �y February 18, 2015 OPTION AGREEMENT WITH WIRELESS CAPITAL PARTNERS SUMMARY This report provides for the approval of an Option agreement to assign two cell tower leases to Wireless Capital Partners for a term of 30 years for a lump sum of $1,000,000. FISCAL IMPACT The City would receive a one -time lump sum payment of $1,000,000 in exchange for the current lease payments. This money would be unrestricted and could be deposited into the General Fund. RECOMMENDATION It is recommended that the City Council approve the attached Option agreement with WCP for the Mayors signature. BACKGROUND WCP is one of several firms that purchase cell tower leases as a long term Investment. In this case the City has two cell tower leases, one at Hilda Solis Park ($2,427 a month with 19 years remaining) and one at Morgan Park ($2,960 a month with 19 years remaining). However the current lease terms are not guaranteed and could be terminated with 30 days' notice. If the City sells the leases for a lump sum, this risk of termination for the City is eliminated. WCP assumes the risk in exchange for the purchase of the monthly lease payments. Also the agreement will include a clause such that if the wireless providers vacate the site(s) and WCP is not able to locate another carrier for the site within 5 years, the lease terminates and the property interest returns to the City. If the Option agreement is approved, staff and the City attorney will move ahead with finalizing the Purchase agreement and bring it back for final approval of the City Council. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES The City Council may choose to direct staff to not enter into such an agreement or to negotiate for another term. Since this term is favorable, it is unlikely that further negotiations would result in better results. ATTACHMENTS #1, WCP Purchase agreement #2, Option agreement Wireless Capi&il Rviners, LLC OPTION AND LETTER AGREEMENT 1.1900 Wcsc Olympic Blvd., Suite 400 I -0s Angeles, CA 90064 Phone: 310 -481 -8700 / 866 -432 -2274 Nx; 31.0 -481 -8701 Date February 9th, 2015 Landlord City of Baldwin Park Purchase Price $1,000,000.00 Term Purchased 30 years (with 5 year sunset clause) Property/Lease(s) 4100 BALDWIN PARK BLVD, BALDWIN PARK, CA 91706 Telecommunications lease dated 4/13/2004 by and between the City of Baldwin Park, a municipal corporation and Los Angeles SMSA Limited Partnership d /b /a Verizon Wireless. 15010 BADILLO ST, BALDWIN PARK, CA 91706 e ecommunica ions lease dated-M22/2_008- b�atrd b�twecri �liG �i Baluwi ;Par' r;unleipal corporation and Omnipoint Communications Inc., a subsidiary of T- Mobile USA Inc. By signing this letter agreement (this "Letter Agreement "), Landlord grants Wireless Capital Partners, LLC ( "WCP ") an option (the "Option ") to purchase Landlord's interest in the Lease(s) identified above (collectively, the "Leases" and each, a "Lease "). WCP may exercise the Option by written notice to Landlord prior to the date (the "Option Deadline ") that is 60 days after the latest of the dates set forth below the signatures to this Letter Agreement (such date, the "Effective Date "). The terms of this proposed Letter Agreement are valid for 14 days after the date set forth above, after which, such offer shall be void if not executed by Landlord prior to such date. In the event WCP exercises the Option, Landlord agrees that it shall, with respect to each Lease, execute a Purchase and Sale of Lease and Successor Lease Agreement substantially similar to the form of Purchase and Sale of Lease and Successor Lease Agreement attached hereto (the "Purchase Agreement ") (the execution version of which shall be provided to Landlord on or before WCP's exercise of the Option). The parties agree that $100.00 and WCP's commitment to expend time, effort and expense to evaluate the transaction contemplated by this Letter Agreement (the "Transaction ") are good and sufficient consideration for the Option. Landlord agrees to cooperate with WCP in connection with its evaluation of the Transaction and agrees to promptly provide to WCP the items set forth on Exhibit A, together with any other items reasonably requested by WCP from time to time after the Effective Date. Between the Effective Date and the Option Deadline, neither Landlord (nor any affiliate, member, employee, or manager thereof in the event Landlord is an entity) shall (a) offer, negotiate, solicit or entertain any offers to sell or assign any interest in any Lease (or any premises leased thereunder); or (b) amend, extend, or terminate any Lease. Landlord acknowledges that this Letter Agreement is a legally binding commitment to sell the Leases to WCP. In the event of a breach of this Letter Agreement by Landlord, WCP shall be entitled to compensation for its time and expense to evaluate the Transaction and, in any action to enforce this Letter Agreement, to recovery of its reasonable attorney's fees (such breach to include, without limitation, any failure by Landlord to (i) reasonably and timely cooperate with WCP in connection with its diligence of the Transaction and any inquiries related thereto, (ii) diligently attempt to procure an executed non - disturbance agreement from the holder of any senior interest in the property that is the subject of any Lease, or (iii) proceed to the closing of the Transaction (the "Closing") within seven (7) days after Landlord's receipt of all necessary closing documents from WCP). WCP shall be responsible for all closing, escrow and title costs (other than applicable transfer taxes). Upon Closing, WCP will hold -back from the Purchase Price, an amount equal to the rent scheduled to be received under any Lease during the two (2) calendar months after the Closing (it being agreed that upon receipt of any such rent from the applicable tenant, WCP will reimburse Landlord for such amounts), [Signatures Appear on the Following Page] IN WITNESS WHEREOF, Landlord and WCP have executed and delivered this Letter Agreement as of the Effective Date. WCP: Wireless Capital Partners, LLC, a Delaware limited liability company C Name: Title: Authorized Signatory Date: Landlord: Landlord Signature Date: Exhibit A` Due Diligence Items l. Signed Letter Agreement; 2. Approval of Purchase Agreement (please initial each page); 3. Completed and executed Summary nf Information provided to Landlord under separate cover; 4. Proof of rent payments (represented hy check stubs representing the last three months of rent puymoum); 5. lf Landlord iuuu entity, Landlord's applicable organizational documents (see b6ow). a. Articles o[ Incorporation and Bylaws, b- Certificate of-Formationnand-Operating Agreement_------ c. Certificate ofLimited Partnership and Partnership Agreement, or d. Trust Agreement. Rev 11/2013 [The following form of Purchase and Sale of Lease and Successor Lease Agreement (the "PSA ") is a generic form to be initialed by the Seller /Landlord and attached to the Option to indicate agreement as to the form of the PSA to be used in connection with the closing of the transaction. The execution version of the PSA (inserting all applicable factual details and terms previously agreed to by the parties pursuant to the Option) will be delivered for signature and shall be effective only upon the closing of the transaction.] PURCHASE AND SALE OF LEASE AND SUCCESSOR LEASE AGREEMENT This Purchase and Sale of Lease and Successor Lease Agreement (this "Agreement ") is made as of the later of the dates set forth below the signatures to this Agreement (such date, the "Effective Date ") by and between the party identified as "Buyer" on the signature page to this Agreement (such party, "Buyer ") and the party identified as "Landlord" on the signature page to this Agreement (such party, "Landlord "). For valuable consideration, the receipt and sufficiency of which. are acknowledged, Buyer and Landlord hereby agree as follows: Definitions / Assignment of the Lease. (a) For purposes of this Agreement, the following terms shall have the following meanings: nt tt r - a i hares n_ F�hihit A�nl " rPmices" hall _(i \_`--` Lease" Shall ii :ail; collevtively the documents and .nstrume..:S a.;a�h ... �t as . _, -- P: -_.__. Sh___ - -- - - - -- mean the premises described in and leased to Tenant in accordance with the terms of the Lease, and shall include Landlord's right, title and interest in and to any tower, equipment and other personal property located on the Premises, if any; (iii) "Tenant" shall mean the lessee under the Lease as of the Effective Date (or any successor or assignee thereof); (iv) "Purchase Price" shall mean $[ ]; (v) "Reversion Date" shall mean the first (1 st) day of the calendar month following the [ (__)] anniversary of the Effective Date; (vi) "Agreement Term" shall mean the period commencing on the Effective Date and ending on the Reversion Date; (vii) "Rent" shall mean all rent, income, charges, interest, penalties, fees and other revenue payable to Landlord under the Lease with respect to the occupancy, use or enjoyment of the Premises whether described as base rent, additional rent, colocation rent, or holdover rent (including the Current Rent Payment), other than payments in respect of real property taxes and assessments payable by Tenant to lessor or the taxing authority pursuant to the Lease; (viii) "Person" shall mean any entity, trust, association or individual; and (ix) the "Current Rent Payment" shall mean $[ 1 (the amount of monthly or annual rent (as applicable) being paid by Tenant to Landlord as of the Effective Date). (b) Effective upon the Effective Date, Landlord hereby sells, assigns, sets over, conveys and transfers to Buyer all of Landlord's right, title and interest in and to the Lease for the Agreement Tenn. In connection with the foregoing, Landlord agrees that throughout the Agreement Tenn, (i) Buyer shall have the exclusive right to exercise and enjoy all of the rights and benefits of Landlord under the Lease (including, without limitation, the sole right to (A) receive and collect all Rent; (B) enter into amendments of the Lease; (C) enforce all of the lessor's rights and remedies under the Lease and applicable law at such time, in such manner, and in such order or combination as Buyer deems appropriate in Buyer's sole and absolute discretion; and (D) pursue, commence, defend and compromise any action or adversary proceeding relating to Tenant's obligations under the Lease); and (ii) Landlord shall not, other than to the extent required herein or requested in writing by Buyer, exercise or enjoy any of the rights or remedies of lessor under the Lease (including, without limitation, terminating the Lease, threatening or commencing any action against Tenant with respect to Tenant's obligations under the Lease, or attempting to amend or modify the Lease). The foregoing sale and assignment is an absolute, unconditional and irrevocable sale and assignment. 2. Purchase Price. Upon the Effective Date, Buyer shall pay to Landlord, in consideration for the rights and interests granted by Landlord to Buyer herein, a one -time lump -sum amount equal to the Purchase Price, less applicable prorations of Rent and applicable state or county transfer taxes. 3. Landlord's Obligations. Notwithstanding the assignment of Landlord's rights under the Lease to Buyer, Landlord shall continue to pay, perform and otherwise discharge all obligations and liabilities of the lessor under the Lease and in respect of the Premises, whether arising prior to, on, or after the Effective Date. By way of illustration and not limitation, Landlord shall (a) fully, faithfully and timely perform all covenants to be performed by the lessor under the Lease; (b) not suffer or allow any breach, default or event of default by the lessor to occur thereunder; and (c) not take any action for the purpose, or with the effect, of inducing or causing Tenant to terminate the Lease (including, but not limited to, denying Tenant access to the Premises), or exercise, or not exercise, a right to renew or extend the Lease. Landlord hereby indemnifies and holds Buyer harmless from and against any and all claims, expenses, costs, obligations or other liabilities with respect to the performance (or lack of performance) of Landlord's obligations under the Lease, arising or incurred prior to, on, or after the Effective Date. Landlord agrees that nothing contained herein, and no action or forbearance on the part of Buyer (including, without limitation, the collection of Rent), shall constitute or be construed as an assumption by Buyer of any obligation or liability of Landlord under the Lease or in respect of the Premises, whether arising or accruing prior to, on, or after the Effective Date. Landlord further agrees that Buyer shall not have any liability or obligation with respect to the care, management or repair of the Premises or any land adjacent thereto, or any improvements thereon, or for any injury or damage sustained by any Person in, on, under, or about the Premises. 4. Cooperation. Landlord shall promptly (i) furnish to Buyer such information as Buyer reasonably requests (including documents and records in Landlord's possession, custody or control) regarding the Lease, the Premises or Tenant; (ii) provide access to the Premises (to the extent not prohibited by the Lease) for the purpose of Buyer's inspection of the Premises and improvements thereon, and such other purposes as Buyer reasonably deems appropriate; and (iii) deliver to Buyer any written communications between Landlord and Tenant, and any notices or written communications from any other Person relating to the Lease or the Premises. 5. Notice to Tenant. On or prior to the Effective Date, Landlord has executed and furnished to Buyer three (3) originals of a notification letter to Tenant (the "Tenant Notification Letter ") directing Tenant to pay Rent at dlrec«+ shall be- responsible for taking -an, actloT -requested by Buyer as - s annrnnri_ te._to- to-- y Lv I, --,. Tenant notice of the sale and assignment of the Lease and to cause Tenant to commence payment of Rent directly to Buyer. After the Effective Date, Landlord shall notify Buyer by facsimile transmission, within five (5) calendar days of Landlord's receipt, of any payment in respect of Rent, and Landlord shall forward such payment to Buyer within five (5) business days. If Landlord fails or refuses to forward any such payment to Buyer, then, in addition to its other rights and remedies hereunder, Buyer shall be entitled to receive a processing fee equal to the greater of (i) $500 and (ii) 10% of such payment. 6. Impositions. Landlord shall pay and perform in a timely manner all mortgages that are liens against the Premises. Landlord shall pay or cause to be paid, prior to delinquency, all taxes, charges and other obligations (collectively, "Impositions ") that are, or could become, liens against any portion of the Premises, whether existing as of the Effective Date or are thereafter created or imposed, and Buyer shall have no obligation or liability therefor. Without limiting the generality of the foregoing, except to the extent taxes and assessments are the obligation of Tenant under the Lease, Landlord shall be solely responsible for payment of all taxes and assessments now or hereafter levied, assessed or imposed upon any portion of the Premises, or imposed in connection with the execution, delivery, performance or recordation of this Agreement, including, without limitation, any sales, income, documentary or other transfer taxes. If any Imposition, or any installment thereof, is not paid within the time hereinabove specified, then Buyer shall have the right, but not the obligation, in addition to its other rights under this Agreement and applicable law, to pay and /or discharge such Imposition, together with any penalty and interest thereon, and Landlord shall reimburse Buyer therefor immediately upon payment by Buyer thereof and if Buyer so elects by written notice to Landlord, then such amount shall constitute a lien upon Landlord's right, title and interest in the real property upon which the Premises are located. Buyer shall be subrogated to the rights of the Person to whom the Imposition was due, and such lien shall have priority, benefit, or rights and remedies, as were formerly available to such Person with respect to the Imposition. 7. Remedies. If Buyer determines in its reasonable discretion that Landlord has failed to perform any covenant, obligation or duty which Landlord is bound to perform under the Lease, the Successor Lease (as hereinafter defined) or any other agreement or applicable law relating to the Lease, the Successor Lease or the Premises, then, in addition to Buyer's rights and remedies in Section 6, Buyer shall have the right to perform such covenant, obligation or duty, and Landlord shall, within thirty (30) days of receipt of an invoice therefor, reimburse Buyer for all costs and expenses incurred by Buyer in connection therewith, together with a fee in an amount not less than $250, as reasonably determined by Buyer. In addition to all other rights and remedies of Buyer under this Agreement, Buyer may enforce this Agreement in an action for specific performance, injunction, appointment of a receiver and any other equitable rights and remedies under applicable law (it being agreed by Landlord that money damages may not be an adequate remedy for the harm caused to Buyer by a breach or default by Landlord under this Agreement). 8. Successor Lease. Upon the expiration of the term of the Lease or upon the termination of the Lease (for any or no reason), Landlord shall, and hereby does, irrevocably lease the Premises to Buyer (such lease, the "Successor Lease "), for a term commencing upon such expiration or termination of the Lease (as applicable) and ending upon the Reversion Date (the "Successor Lease Term "), upon terms and conditions which are identical to those PA in the Lease; provided, however, that (i) Buyer shall be named as tenant in the place and instead of Tenant; (ii) the term shall be the Successor Lease Term; (iii) Buyer shall have no obligation to pay Rent of any kind or nature to Landlord during, for, or with respect to, any period prior to the Reversion Date; (iv) the Successor Lease shall be freely assignable and any portion of the Premises shall be freely subleasable by Buyer, in each case, on such terms and conditions as Buyer deems appropriate in its sole and absolute discretion, and Buyer shall be entitled to the proceeds and rent therefrom which proceeds and rent shall be included in Rent; (v) Buyer shall have no obligation to cure any defaults of Tenant under the Lease, and in the Successor Lease, Landlord shall waive any default arising from facts and circumstances then existing; (vi) Buyer shall have a license or easement for access and utility purposes upon the same terms as any such license or easement then or previously benefiting Tenant; (vii) Buyer shall have the right to vacate the Premises at any time or from time to time without terminating the Successor Lease; and (viii) Buyer shall have the right to surrender the Premises and terminate all of its obligations theretofore or thereafter arising under the Successor Lease by executing and delivering and /or recording a quitclaim therefor at any time, which quitclaim shall be effective as of the date stated therein. Upon written request, Landlord shall promptly and in good faith, execute and deliver a new agreement evidencing the terms of the Successor Lease set forth above. Prior to the execution of such agreement, this Agreement shall constitute good and sufficient evidence of the existence of such agreement, and Buyer shall have the immediate right to the possession, use and enjoyment of the Premises following the expiration or termination of the Lease regardless whether such agreement has yet been executed. As between Landlord and Buyer, --------- - - - - -- B- uyer —s- hull— ha ,v-e--the—ri-,ht— but—not— t- he—obfigat?on to— use,-and. enjoy —any -I aro- v- ements--- or--equip .ment- instaUed_oT--- - - -- constructed by Landlord or Tenant upon the Premises. In the event the Successor Lease becomes effective and Buyer, or its successor -in- interest, thereafter fails, for a period of five (5) years, to sublease any portion of the Premises or assign the Successor Lease, then the Successor Lease shall be deemed expired. The rights granted to Buyer in this Section 8 are presently vested and irrevocable property interests. 9. Representations. Landlord hereby represents and warrants to Buyer, that as of the Effective Date (and Landlord agrees that each of the representations, warranties and agreements made by it in this Section 9 and elsewhere in this Agreement is material to Buyer): (a) The Lease and each Closing Document (as hereinafter defined) constitute the legal, valid and binding obligation of Landlord, enforceable against Landlord in accordance with their terms. (b) The execution, delivery and performance by Landlord of the Lease did not, and the Closing Documents do not, violate or conflict with the terms of Landlord's organizational documents (if applicable) or any agreement to which Landlord is a party or by which Landlord or the Premises is bound and do not violate or conflict with any law, rule, regulation, judgment, order or decree to which Landlord is subject. (c) Any permits, licenses, consents, approvals and other authorizations which are necessary or appropriate in connection with Landlord's execution, delivery or performance of the Lease were obtained by Landlord and are in full force and effect. Any permits, licenses, consents, approvals and other authorizations which are necessary or appropriate in connection with Landlord's execution, delivery or performance of the Closing Documents have been obtained by Landlord and are in full force and effect. (d) There is no pending or threatened action, suit or proceeding that; if determined against Landlord, would adversely affect Landlord's ability to enter into the Closing Documents or to perform its obligations thereunder. (e) A true, correct, and complete copy of the Lease (including all amendments, modifications, supplements, waivers, renewals and extensions thereof) and of each memorandum of lease, memorandum of commencement, non - disturbance agreement, estoppel certificate, assignment, sublease and other instrument or agreement executed by Landlord or Tenant in connection therewith or relating thereto, together with all amendments or supplements thereof (if any) is attached hereto as Exhibit A. (f) Landlord owns one - hundred percent (100 %) of the fee title to the Premises, subject to no claim, lien, encumbrance or exception to title other than those, if any, disclosed in the preliminary title report (the "Title Report ") obtained by Buyer and provided to Landlord in connection with the transactions set forth herein. Landlord owns one - hundred percent (100 %) of the lessor's right, title and interest in and to the Lease, subject to no claim, lien, encumbrance or exception to title other than those, if any, disclosed on the Title Report. Except as disclosed on the Title Report, Landlord has not previously deeded, granted, assigned, mortgaged, pledged, hypothecated, alienated or otherwise transferred any of its right, title and interest in and to the Lease or the Premises, or any part thereof, to any other Person. (g) Other than the Lease, there are no agreements, arrangements or understandings (oral. or written) to which Landlord is a party or by which it is bound, relating to the Lease or to the Premises. The Lease constitutes the legal, valid and binding obligation of Tenant, enforceable against Tenant in accordance with its terms. (h) The Current Rent Payment is the true and accurate sum due and payable under the Lease as of the Effective Date in respect of base rent. The Current Rent Payment is subject to adjustment or re- calculation only at the time and in the manner, if any, set forth in the Lease. Tenant has no right of offset, abatement, or deduction, and, except as set forth in the Lease, no period of free or reduced Rent. Except to the extent the Current Rent Payment is made on an annual basis, Tenant has not paid, and Landlord has not collected, any Rent in respect of any period more than thirty (30) calendar days from the Effective Date, nor has Landlord received any security deposit, letter of credit, guaranty or other security for Tenant's obligation for payment of Rent. (i) Landlord has not breached or defaulted upon Landlord's obligations under the Lease, and no fact or circumstance presently exists which, with the giving of notice or the lapse of an applicable cure period, or —boths wou -ld constitut-o-a- breach- or - default b-y -L- and - lord- under_xh. e_Lease To the - Est of_I andlord'q kno -wledge,Tenant has not breached or defaulted upon Tenant's obligations under the Lease, and no fact or circumstance presently exists which, with the giving of notice or lapse of an applicable cure period, or both, would constitute a breach or default by Tenant under the Lease. At no time on or prior to the Effective Date has Landlord delivered or received notice of a breach or default by either Landlord or Tenant under the Lease or notice of the existence of a fact or circumstance which, with the giving of notice or the lapse of an applicable cure period, or both, would constitute a breach or default by either Landlord or Tenant under the Lease. Tenant is currently occupying the Premises and has not notified Landlord of any intention or desire to terminate the Lease or surrender or abandon the Premises. Without limiting the generality of the foregoing, Tenant has not notified Landlord of the existence of a fact or circumstance the continuance of which would cause Tenant (or would have a reasonable likelihood of causing Tenant) to terminate the Lease or surrender or abandon the Premises, or to withhold payment of any Rent or fail to extend or renew the Lease. 0) To the best of Landlord's knowledge and belief, Tenant is not in the process of negotiating any sublease of the Premises with any person or entity that is unaffiliated with Tenant. (k) Tenant's use and enjoyment of the Premises does not depend upon any license, easement or similar agreement (other than licenses and easements that may be granted in the Lease) for access or utility purposes. If Tenant's use and enjoyment of the Premises depends upon any such license, easement or similar agreement, then Landlord hereby assigns all of its right, title and interest in and to such license, easement or similar agreement to Buyer and such license, easement or similar agreement shall, for the purposes of this Agreement, be deemed to be included in the term "Lease ". 10. Memorandum. On or prior to the Effective Date, Landlord has executed and delivered to Buyer three (3) originals of a memorandum of this Agreement in recordable form (the "Memorandum "; together with this Agreement, the "Closing Documents" and each, a "Closing Document "). Buyer may record the Memorandum in the real property records of the jurisdictions in which the Premises are located, and in such other place or places as Buyer deems appropriate. Buyer's interest in the Lease and the Premises is intended to and shall be an interest in real property. Notwithstanding the foregoing, Buyer may elect to file in such place or places as Buyer deems appropriate one or more financing and continuation statements under the Uniform Commercial Code naming Landlord as debtor and the Lease, the Rent, and the proceeds thereof as collateral, and in the event that Buyer's interest in such collateral is later determined to be an interest in personal property rather than in real property, then Landlord agrees that this Agreement shall constitute a pledge and security agreement with respect to such collateral and that Buyer shall have a perfected security interest in such collateral. IL Casualty and Eminent Domain. Landlord shall promptly notify Buyer of any casualty to the Premises or the exercise of any power of eminent domain, or threat thereof, relating to the Premises, or any portion thereof. Buyer shall be entitled to receive any insurance proceeds or condemnation award attributable to the value of the lessor's interest under the Lease for the Agreement Term. Landlord shall not settle or compromise any insurance claim or condemnation award relating to the Premises except upon thirty (30) days prior written notice to Buyer. 4 12. Notices. Any notice required or permitted to be given hereunder shall be in writing and shall be served by personal delivery, facsimile transmission, Federal Express or another reputable overnight courier service, addressed to the party to be notified. If there is any dispute regarding the receipt of notice, the party giving such notice shall bear the burden of providing reasonably satisfactory evidence of such delivery. For the purposes of the foregoing, the parties' notice contact information shall be as set forth below the names on the signature page hereof. 13. Successor and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. The obligations of Landlord hereunder shall burden the land upon which the Premises are located, and shall run with such land. Notwithstanding the foregoing, Landlord may not assign or otherwise transfer, voluntarily or involuntarily, any of its rights under this Agreement to any person other than to a successor owner of all of Landlord's fee title in and to the Premises without Buyer's written consent, which consent shall not be unreasonably withheld. Buyer may from time to time sell, convey, assign, mortgage, pledge, encumber, hypothecate, securitize or otherwise transfer some or all of Buyer's obligation (if any), right, title and interest in and to the Lease, this Agreement, and /or any other Closing Document without notice to or consent of Landlord. 14. Governing Law. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE STATE IN WHICH THE PREMISES ARE LOCATED, THIS AGREEMENT SHALL BE GOVERNED BY AND CONS -T- RUED -1N ACC- 0RDANCE_W__IT-H THE- LAWS-0-ETHE_STA_T_F OF C,AT.TFORNIA,_WITHOUT_RE_GARD _ TO PRINCIPLES OF CONFLICTS OF LAWS THEREOF. THIS AGREEMENT SHALL OTHERWISE BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE IN WHICH THE PREMISES ARE LOCATED. EACH PARTY SUBMITS TO THE NON - EXCLUSIVE JURISDICTION OF THE SUPERIOR COURT OF LOS ANGELES COUNTY AND FOR THE U.S. DISTRICT COURT -- CENTRAL DISTRICT OF CALIFORNIA, AND EACH PARTY WAIVES ANY OBJECTION WHICH IT MAY HAVE TO THE LAYING OF VENUE IN SUCH COURT, WHETHER ON THE BASIS OF INCONVENIENT FORUM OR OTHERWISE. 15. Attorney's Fees. In any action or proceeding brought to enforce or interpret this Agreement, the prevailing party shall be entitled to an award of its reasonable attorney's fees and costs, and of its other expenses, costs and losses, including internal and administrative costs and losses associated with any breach or default. All damages or other sums pay able by one party to another hereunder shall bear interest from the date incurred or payable until paid at a rate equal to the lesser of (a) 10% per annum or (b) the highest rate permitted by applicable law. 16. Miscellaneous. The parties shall, from time to time, upon the written request of the other party, promptly execute and deliver such certificates, instruments and documents and take such other actions as may be appropriate to effectuate or evidence the terms and conditions of this Agreement or to enforce all rights and remedies hereunder or under the Lease. The Closing Documents constitute the entire agreement between Landlord and Buyer with respect to the subject matter hereof. Without limiting the generality of the foregoing, Landlord agrees that it has not received or relied upon any representations or warranties by Buyer or its representatives, or any advice of Buyer or its representatives, regarding transactions contemplated herein, including, without limitation, the tax treatment or attributes of such transaction. This Agreement may be executed in counterparts each of which, when taken together, shall constitute a single agreement. This Agreement may be amended, modified or terminated only by a writing signed by the party against whom it is to be enforced. No act or course of dealing shall be deemed to constitute an amendment, modification or termination hereof. If any provision of this Agreement is invalid, illegal or unenforceable in any respect, such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability, and the remaining provisions shall remain in full force and effect so long as the economic and legal substance of the transactions contemplated hereby, taken as a whole, are not affected thereby in a materially adverse manner with respect to either party. Nothing express or implied in this Agreement is intended to confer any rights or benefits on any Person other than Landlord and Buyer, and their permitted successors and assigns. [Signatures Appear on the Following Page] IN WITNESS WHEREOF, the undersigned, intending to be legally bound, have caused this Agreement to be duly executed as of the Effective Date. Buyer: [ ), LLC, a Delaware limited liability company LIM Name: Title: Authorized Signatory Date: Address: c/o Wireless Capital Partners, LLC 11900 West Olympic Boulevard, Suite 400 Los Angeles, California 90064 Attention: Operations Manager Facsimile: (310) 481 -8701 Buyer Asset #: [ ) Landlord: Date: Address: Attention: Facsimile: 0 Exhibit A The Lease (Attached hereto) ITEM NO. 3 �TAFF REPORT Atlfft"' , , TO: Honorable Ma or City Councilmembers vvl)e�N a or �0!,,-H U 9, OF 7 T HEO,,` FROM: Michael ay Ma or hief of Police SAN 1,1GABRAEL NA DATE: February 18, 15 0 J'AW SUBJECT: AUTHORIZATION TO PURCHASE UPGRADES TO EXISTING COMPUTER AIDED DISPATCH/RECORDS MANAGEMENT SYSTEM (CAD/RMS) SUMMARY Staff is seeking City Council approval to purchase upgrades, as well as additional software and hardware to the existing Computer Aided Dispatch/Records Management System (CAD/RMS). FISCAL IMPACT There will be no negative impact to the general fund. The police department will utilize federal asset forfeiture funds, which is an approved usage for purchasing this type of equipment to further the efforts of law enforcement. There may be reduction in the cost of maintenance as all equipment and hardware will be less likely to need repairs. The purchase of these items will not increase the size of the system; merely replace existing items budgeted for in maintenance and operations. RECOMMENDATION Staff recommends City Council approval to: 1. Waive the formal bidding process for the purchased equipment pursuant to §34.23 (13). 2. Authorize the Finance Director to complete a budget amendment for the amount not to exceed $96,017.00 from accounts 205-30-320-58110 and 205-30-330-58110, and designate $96,017.00 for restricted purchase upgrades to the Computer Aided Dispatch/Records Management System. (Spillman CAD/RMS) 3. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchases. BACKGROUND Since 1997, the police department has been using Spillman Technologies for its Computer Aided Dispatch, and Records Management system. The system, like any other technology becomes outdated, and requires periodic replacements and upgrades to function properly. The Police Department's current version of the CAD/RMS system in operation is two versions behind, and will no longer be supported by the vendor. This upgrade is necessary to run the current and future platforms. Along with this upgrade, the police department will be receiving "mobile accident", "mobile citation", "mobile law" and "mobile interview" forms. This will allow reports to be completed in the field, and transmitted electronically through the approval process; thus saving time, and maintaining officers availability in the field. This is also a necessary step in our current goal of becoming a "paperless" department. CAD/RMS January 12, 2015 Page 2 Spillman CAD/RMS systems are currently being used in 1330 agencies throughout the United States. 92% of the agencies are up to date with current systems upgrades and requirements. The Police Department's current version will cease to operate by the end of this year. Purchase of this upgrade is also the only way the current system can be compatible with existing software. Usual purchasing practices in acquiring major equipment is by following formal bid procedures, which are outlined in The Baldwin Park Municipal Code §34,23. This section also provides a mechanism to waive the bidding procedure under certain circumstances. Staff requests Council approve the purchase of CAD/RMS upgrades pursuant to Baldwin Park Municipal Code § 34.23 (B) "When the supplies and equipment needed can be obtained from one source only." Staff has determined sufficient funds exist in the department's Federal Asset Forfeiture cost center and the use of such funds to purchase these equipment upgrades is permitted through federal law. LEGAL REVIEW Not Applicable ALTERNATIVES The only alternative would be to replace the entire CAD/RMS system with a different system from a new company. Any new system would be subject to similar periodic upgrades, and cost several times more than the amount requested. ATTACHMENTS • Quote from Spillman Technologies. oll r'� 'Ir technologies, inc. i,eliable Quoted Date: Quote Expiration Date: December 02, 2014 December 31, 2014 Quote Number: Prepared By: QUO-06097-N81)3V3 Samuel Kienow First-year Maintenance — For the specific module(s) listed in this document, all upgrades and live phone support services are included for the entire first year. Project Management and Installation - Spillman will assign a Project Manager as the agency's single point of contact. This individual will coordinate Spillman's expert installation and training staff as neededto-ensure a smooth upgrade transitiom Project discounted $17,965 through December 31, 2014 Includes CA Tax of $1,974 Quote includes all needed services, training and travel for the Unix to Linux migration. Large scale Linux server included. Combined package quote includes a site license of all available Mobile Forms. Onsite training included. e 2nd-year maintenance charges will begin 12 months from the date of contract execution listed below. ® Future maintenance is estimated for your planning purposes and is not included in this purchase. 2nd-year Maintenance Total: $5,061 Page 1 of 2 Ihis quote is confidential and proprietary information to Spillman Technologies, Inc. 0 2012 technologies, inc. Quoted Date: I ! 12, December 02, 2014 Quote Number: QUO-06097-N8D3V3 Quote Expiration Date: December 31, 2014 Prepared By: Samuel Kienow The Customer's signature below constitutes its agreement to purchase the licenses, products and/or services according to the terms quoted by Spillman within this document. This document shall serve as an addendum to the Purchase Agreement previously entered into between the Customer and Spillman. The terms and conditions of the Purchase Agreement, as well as the related License Agreement and Support Agreement, shall apply to the items quoted herein. Customer Name Date Authorized Signature Print Name and Title Page 2 of 2 This quote is confidential and proprietary information to Spillman Technologies, Inc. (D 2012 Sam Kienow , �m� � i, v�I � Account Sales Executive Mobile 801,647.6266 | Phone 801.902.1886 Fax 801.902.1210 4625 Lake Park Blvd., Salt Lake City, LIT 84120 email address / Connect with support, submit problems, and access the new Knowledgebase online at MySpillman. STAFF REP t SAWGAMEL e VALLEY �RgrED JAN�P SUMMARY ®! FROM: DATE: ITEM NO. Honorable Mayor and City Councilmembers Robert Nacionales Tafoya, City Attorney February 18, 2015 SUBJECT: REPEAL OF CHAPTER 133 OF THE BALDWIN PARK MUNICIPAL CODE CONCERNING SEX OFFENDERS This report relates to repealing Chapter 133 of the Baldwin Park Municipal Code ( "BPMC ") concerning Sex Offender Residency and Movement Restrictions because it conflicts with existing California Penal Code provisions and is preempted by state law. Repealing this Ordinance will not suspend enforcement of Sex Offender reporting and residency laws that are provided for in the California Penal Code and will have no impact on enforcement of Sex Offender state laws which are duplicative of our local ordinance. FISCAL IMPACT None. RECOMMENDATION it is recommended: 1. That the City Council waive the reading and adopting by title only the ordinance entitled "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REPEALING CHAPTER 133 OF TITLE XIII, GENERAL OFFENSES, OF THE BALDWIN PARK MUNICIPAL CODE" The Urgency Ordinance require a 4/5t" vote to go into effect immediately. 2. That the City Council waive the first reading introducing the ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REPEALING CHAPTER 133 OF TITLE XIII, GENERAL OFFENSES, OF THE BALDWIN PARK MUNICIPAL CODE" and set a second reading to adopt the ordinance, should the Urgency Ordinance not pass or be challenged. BACKGROUND/ANALYSIS The City's sex offender ordinance is codified in Chapter 133 of the BPMC, which was enacted in December of 2006. The Chapter regulates residency of sex offenders, loitering by sex offenders, and returning to a location after the sex offender has been asked to leave. Section 133.02 states: "It is unlawful for any sex offender to reside within 2,000 feet of any children's facility within the city." Section 133.03 states: "It is unlawful for any sex offender to loiter within 300 feet of any children's facility within the city." Section 133.04 states: "It is unlawful for any sex offender to return to any location within 300 feet of any children's facility at any time after having been notified to leave such children's facility by the owner or any authorized official of such children's facility." Together, this Chapter regulates where a sex offender may live or move. Chapter 33 February 18, 2015 Page 2 On October 15, 2015, City Council voted to suspend enforcement of Chapter 133. Because existing state law already regulates sex offenders, the City's ordinances were presumed to be preempted by state law. The second step in the City's strategy was to bring back this February, an Urgency Ordinance repealing Chapter 133. As a result, the City is recommended to repeal Chapter 133 because it duplicates and conflicts with existing state law regulating sex offenders. However, the City and its police department will continue enforcement of the existing state law against sex offenders. ATTACHMENT • Urgency Ordinance No. 1369 • Ordinance No. 1370 ORDINANCE NO. 1370 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REPEALING CHAPTER 133 OF TITLE XIII, GENERAL OFFENSES, OF THE BALDWIN PARK MUNICIPAL CODE WHEREAS, the City has adopted Chapter 133 of the Baldwin Park Municipal Code ('BPMC "), which imposes proximity restrictions for registered sex offenders; and WHEREAS, BPMC Chapter 133 imposes both movement and residency restrictions on registered sex offenders; and WHEREAS, there have been challenges to such residency and movement restrictions, as seen in People v. Nguyen and In Re Taylor; and WHEREAS, the City has conducted its own independent analysis and has determined that the City should repeal Chapter 133 because it is preempted by state law; and WHEREAS, the City Council has already voted to suspend enforcement of Chapter 133 at the October 15, 2014 regular meeting, and now desires to repeal Chapter 133 in its entirety. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Baldwin Park Municipal Code Chapter 133 is hereby repealed in its entirety. Section 2. The Chief Executive Officer or its designee is authorized to take action as may be necessary to implement this ordinance. Section 3. The Mayor or presiding officer of the City of Baldwin Park City Council is hereby authorized to affix his /her signature to this Ordinance signifying its adoption by the City Council of the City of Baldwin Park. Section 4. The City Clerk of the City of Baldwin Park shall certify to the adoption of this Ordinance and cause the same to be posted and /or published as required by law. Section 5. This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days from the date of its final passage and adoption. Section 6. If any chapter, section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED by the City Council of the City of Baldwin Park this day of 2015. Manuel Lozano, Mayor ATTEST: Alejandra Avila, City Clerk Ordinance No. 1370 Page 2 ORDINANCE NO. 1369 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REPEALING CHAPTER 133 OF TITLE XIII, GENERAL OFFENSES, OF THE BALDWIN PARK MUNICIPAL CODE WHEREAS, the City has adopted Chapter 133 of the Baldwin Park Municipal Code ("BPMC"), which imposes proximity restrictions for registered sex offenders; and WHEREAS, BPMC Chapter 133 imposes both movement and residency restrictions on registered sex offenders; and WHEREAS, there have been challenges to such residency and movement restrictions, as seen in People v. Nguyen and in Re Taylor; and WHEREAS, the City has conducted its own independent analysis and has determined that the City should repeal Chapter 133 because it is preempted by state law; and WHEREAS, the City Council has already voted to suspend enforcement of Chapter 133 at the October 15, 2014 regular meeting, and now desires to repeal Chapter 133 in its entirety; and WHEREAS, the City has found that this ordinance is an urgency ordinance because further enforcement of Chapter 133 potentially affects constitutional rights. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Baldwin Park Municipal Code Chapter 133 is hereby repealed in its entirety. Section 2. The Chief Executive Officer or its designee is authorized to take action as may be necessary to implement this ordinance. Section 3. The Mayor or presiding officer of the City of Baldwin Park City Council is hereby authorized to affix his/her signature to this Ordinance signifying its adoption by the City Council of the City of Baldwin Park. Section 4. The City Clerk of the City of Baldwin Park shall certify to the adoption of this Ordinance and cause the same to be posted and/or published as required by law. Section 5. That by four-fifth's vote of the City Council, there is an urgency, because further enforcement of Chapter 133 potentially affects constitutional rights, and that the urgency permits this ordinance to take effect immediately. Section 6. If any chapter, section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED by the City Council of the City of Baldwin Park this day of 12015. Manuel Lozano, Mayor ATTEST: Alejandra Avila, City Clerk Ordinance No. 1369 Page 2 ITEM NO. t S'T'AFF REPORT TO: Honorable Mayor and Members of the City Council v FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: February 18, 2015 SUBJECT: Approval of Conceptual Design for Walnut Creek Nature Park SUMMARY The purpose of this staff report is to request approval from the City Council for a Conceptual Design for Walnut Creek Nature Park. FISCAL IMPACT This project had no impact to the general fund. Grant funds from the Rivers and Mountain Conservancy (RMC) were used for the preparation of the conceptual design. The entire $35,000 has been used to cover the project cost and part of the contingency. RECOMMENDATION Staff recommends that the City Council: 1) Approve the conceptual design or; 2) Provide direction LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to form. BACKGROUND At their August 6, 2014 Council meeting, the City Council approved a contract with Restoration Design Group (RDG). Work on the conceptual design started in late August 2014 and continued until December 14. During this time period, Restoration Design Group met with City staff, led two Public Input Meetings, conducted a structural assessment of the observation structure and held a conference call with the Recreation and Community Services Commission. In addition to interacting with the public, staff held regular conference calls with RDG to receive updates on the projects and provide direction on the conceptual plan. This conceptual design provides a direction for the future of Walnut Creek Nature Park. Having a conceptual design allows the city to pursue additional funding by presenting to potential fenders, a concept idea for Walnut Creek Nature Park. Conceptual designs differ from construction documents since construction documents indicate precise details about equipment, exact location of lighting, landscaping details, etc. The improvements at Walnut Creek Nature Park will be completed in a multiphase timeframe. Due to current available funding, there will be improvements occurring in phases. Staff will continue to explore opportunities for additional funds including approaching the Rivers and Mountains Conservancy (RMC) once again for the construction phase of the project. In addition to receiving the initial $35,000 from the RMC, the City has already been awarded the following monies for construction: CALIFORNIA NATURAL RESOURCES AGENCY- $220;000 LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT - $200,000 UPPER SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT - $25,000 ATTACHMENTS 1) Conceptual Design for Walnut Creek Nature Park 2) Concept Section for Walnut Creek Nature Park 3) Concept Sketch for Walnut Creek Nature Park 4) Concept Sketch Part 2 for Walnut Creek Nature Park � I• 1 SUMMARY The purpose of this staff report is for the City Council to discuss restoring previous citywide events. FISCAL IMPACT A budget breakdown by event is attached for review and consideration by the City Council. Council will make appropriate recommendations for final allocations. RECOMMENDATION Staff recommends that the City Council: 1) Provide direction to staff of which events to implement and return with the appropriate funding and allocations. LEGAL REVIEW None Required. BACKGROUND Over the last 5 years, various citywide events were cancelled due to budget constraints. Popular community events included the 4" of July Fireworks Spectacular, Celebrate Baldwin Park Parade, Halloween Fest, and the Easter Egg Hunt. The Summer Concerts in the Park season was condensed from ten (10) performances to three (3) performances in 2014. Although the Street Market was a pilot program last year, it does not have a designated or approved budget for 2015. Due to the popularity of the event, staff is requesting the City Council to further discuss the feasibility of hosting the Street Market in 2015. ALTERNATIVES Should the City Council not approve the attached special events, the City will continue to provide the current special events already approved in the existing budget. As an alternative, the City Council can consider the special event options for funding during the budget process for Fiscal Year 2015 -2016, this will allow the Council to evaluate the City's financial health. ATTACHMENT 1) Special Event Cost Estimate ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: February 18, 2015 SUMMARY The purpose of this staff report is for the City Council to discuss restoring previous citywide events. FISCAL IMPACT A budget breakdown by event is attached for review and consideration by the City Council. Council will make appropriate recommendations for final allocations. RECOMMENDATION Staff recommends that the City Council: 1) Provide direction to staff of which events to implement and return with the appropriate funding and allocations. LEGAL REVIEW None Required. BACKGROUND Over the last 5 years, various citywide events were cancelled due to budget constraints. Popular community events included the 4" of July Fireworks Spectacular, Celebrate Baldwin Park Parade, Halloween Fest, and the Easter Egg Hunt. The Summer Concerts in the Park season was condensed from ten (10) performances to three (3) performances in 2014. Although the Street Market was a pilot program last year, it does not have a designated or approved budget for 2015. Due to the popularity of the event, staff is requesting the City Council to further discuss the feasibility of hosting the Street Market in 2015. ALTERNATIVES Should the City Council not approve the attached special events, the City will continue to provide the current special events already approved in the existing budget. As an alternative, the City Council can consider the special event options for funding during the budget process for Fiscal Year 2015 -2016, this will allow the Council to evaluate the City's financial health. ATTACHMENT 1) Special Event Cost Estimate LL U) (D a) co E iJ (n UJ U) 0 E 0 w .0 a) a) CO ca C> C-1 O O O CO C:, LO to C> N LO LO r.- r. cc� OD O O tD co Co rq =i, Ln ti 0 o- cm 0 0 Q) Q- 00 LO M I-- 6q Cu C) Cc CC cc CD co LO LO o M� C-i elf CD CD CD CD CD C:) CD (=, C) CD CD CD O <D CZ) M CN I` 'j- rl- CID CD co co co co CID C=) co C:) LO c::, O 'o (D c::, CD c::) co co LO zt C:� C- � , 4 LO CO . . . . . . . . . . C'4 m C=- CID C) O ClIf C-i LO :D c::, 0 CD 0 O U') LO U) C) cr� M LCD C'4 M CD CD CD CD CD Ci U') CO LO m cl� T lz:� co O c::) CD CD CD O U-3 CD U-) C:) Z3 CD cc ll`,� "I --I M N m LO C) CD CID C�l C:� C) CD LO c=1 co CD (D III CD (l- U-3 m C) LO) cll� lri ZEN uj N N Im CID o " — C:l co =1 Ot to to to C61 C"F to to IM < cu O CO U- C, CO 0', or, 0 -NIL uj cl) 75 cn 0 00) 3�: C 'a ' a) (D s C-0 0 0 E2 -5 O a) 3�� in Co w 0 7C3 C) < 75 co 0_ C/) Co C) 0 !�? O co cc co co co co co ca C> C-1 O O O CO C:, LO to C> N LO LO r.- r. cc� OD O O tD co Co rq =i, Ln ti 0 o- cm 0 0 Q) Q- 00 LO M I-- 6q Cu C) ITEM NO. STAFF REPORT pLD „ �s. pF HUB QF � TO: Honorable Mayor and City Councilmembers y„ U THE FROM: Craig A. Graves, Director of Finance SAN GABRIEL DATE: February 18, 2015 2o VALLEY �poRg"ED JANUP4yv� ' SUBJECT: MID -YEAR BUDGET PRESENTAT N RMHUM One of the key components of good government is open communications with the governing body and the p „h1;c. Because the budget is the numerical reflection of the Mayor and City Council's priorities it is important that periodic reports on the status of the budget be made. In order to keep the Mayor, Members of the City Council and the Public informed on the City's financial operations and conditions, a mid -year budget presentation is given showing the City's revenues and expenditures through the first six months of the fiscal year and comparing the expenditures to the adopted budget for the fiscal year. Because most City operating services are provided through the General Fund, the focus of this report and the power point presentation will be the General Fund. General Fund operating revenues for the first six months of the current fiscal year are $7,436,130. When the $1,000,000 one-time payment l lv r the franchise renewal is removed from last year's revenues r o r the e Same time period, this year's General Fund Operating Revenues are up for the same time by $790,614. General Fund Expenditures for the first six months are $11,743,432. This is well within the approved budget for Fiscal Year 2014/15 with only 47% having been spent through the first six months. While expenditures exceeded revenues for the first six months, this is normal within all city finances with accrual accounting. The City receives most of its revenues from the County, State or utilities. There is generally a one to two month lag from the initial collection period and when the City receives it and records the revenue. In addition, it receives a significant percentage of in January and May of each year. By the time the City closes its books in September it will have recorded all of its revenues that are associated with the current fiscal year. Based on past history, the City's current revenues are very positive for the first six months. FISCAL IMPACT None. LEGAL REVIEW None required. That the Mayor and City Council Receive and File the Mid -Year Budget Presentation. _��7:7l�i'.ZIli1►1 While staff monitors revenues and expenditures throughout the year, it updates the Mayor, Members of the City Council and the public at the six month or midyear of status of the current year's budget. Because the most of the City operating services are provided through the General Fund that is focus of this report. As of the end of December 2014, General Fund Operating Revenues are $7,436,130. This is an increase of $790,614 from the same period last year once you exclude the one -time $1,000,000 Franchise Renewal Fee. While some of the revenue maybe seasonable or nonrecurring it is still a 12% increase over fiscal year 2013/14 for the same time period. For the City of Baldwin Park, 86.1% of its General Fund Operating Revenue comes from taxes. As compared to last year, Property and Utility Users Taxes have increased 6.2% over last year's revenues for the same time period while the Franchise Tax revenue has increased by 8% over the previous year. Sales Taxes are up by 1.2 %, but are still below what was projected for the budget. Business License Taxes and Transit Occupancy Taxes also reflect increases, while the City has yet to receive its share of Property Tax in lieu of VLF. Listed below are the major taxes and the a1-11ounts received as compared to last year. MAJOR GENERAL FUND TAX REVENUES Per Six Months Six Months Cent REVENUE FY 2012/13 FY 2013/14 Amount Change Property Tax 1,121,796 1,191,828 70,032 6.2% Transient Occupancy Tax 66,705 80,669 13,964 20.0% Franchise Tax 1,253,887 1,356,450 102,563 8.2% Utility Users Tax 1,032,825 1,097,657 64,832 6.3% Sales Tax 1,236,398 1,252,263 15,865 1.3% Business License Tax 257,772 296,686 38,914 15.0% The increase in economic activity is also reflected in increased revenue from development related fees. While they make up significantly less of the total General Fund budget any increased revenue is important and their increased activity is a positive reflection of what is happening in the overall economy. Several areas of permit revenue have already received over 80% of their projected revenue for the year by the six month mark. There were also some increases in other areas like fines and facility rentals. The chart below reflects some of the major permit (charges for services) revenue and miscellaneous revenues. OTHER GENERAL FUND REVENUES Six Months Six Months Per FY FY Cent REVENUE 2012/13 2013/14 Amount Change Planning -Plan Check Fees 4,583 8,820 4,237 i 92.5% Building -Plan Check Fees 158,823 252,033 93,210 58.7% Construction Permits 192,578 347,881 155,303 81.0% Vehicle Code Fines 345,241 361,121 15,880 4.6% Parking Citations 44,170 49,270 5,100 11.5% Recreation Fees 36,223 41,888 5,665 15.6% Facility Rental Charges 77,861 115,301 37,440 48.1% While at mid -year mark revenues look very positive, staff will continue to monitor them and track any changes that could significantly affect year end projections and balances. Everyone needs to remember that permit revenues are not a constant source of revenue throughout the year and may not be the same in the second half of the year. A review of the revenues for Special Funds show all are within their projections for the year. The General Fund Expenditures for the first six months of Fiscal Year 2014/15 total $11,743,432. This represents 47% of the General Fund and is less than the projected 50% benchmark for mid -year. There are some expenses not yet recorded, as payments on some contracts for November and December are not made until January or February. In addition, in Public Works there will be some adjustments as personnel cost allocations are reviewed and revised with the elimination of the landscaping contract and the updating of the cost allocations in the payroll system with the present personnel's assignments. Staff is in the process of auditing the payroll system to make sure that in the departments that are allocated in multiple or grant funds that the current personnel allocations match those in the budget. However, even with some projected adjustments there is still savings in the first six months of this fiscal year. This savings has been accomplished through the hard work of the department heads and their staffs to monitor their departmental expenses and some vacant positions that were being recruited but not yet filled during the first half of this fiscal year. Several of the previously vacant positions have been filled or should be filled shortly so there will be less salary savings during the remainder of the fiscal year. If the current spending levels remain, even with some of the adjustments the City's General Fund Expenditures are projected to come in under the budget amount approved by the Mayor and City Council last July. This does not include any changes that could result with the adoption of new labor agreements. Listed below is a chart that summarizes the General Fund Expenditures by department for the first six months of the fiscal year. .� :.- . . Adopted DEPARTMENT • get Expenditures Ex• •-• Administration 1,015,438 509,535 50% Finance* 635,051 350,938 55% Non- Departmental 831,900 378,270 45% Police 16,215,539 7,604,277 47% Neighborhood Safety & Services 925,391 407,643 44% Community Development 1,005,181 440,618 44% � Public Works 1,313,673 505,213 38% Recreation & Community Services ** 3,081,596 1,546,938 50% TOTAL 25,023,769 11,743,432 47% * Finance includes annual payment for audit if prorated Per Cent Expended is 50% ** Recreation & Community Services includes both Principal and 1/2 Interest Payment on COPS All special funds are within their six month budget projections and even with some projected changes in the cost allocations it is still anticipated that all special funds will be within their approved budgets. This year's current budget would not be in the positive position it is in without the hard work of the various departments, the department heads and their staffs. I would also like to thank the Mayor and Members of the City Council on their efforts to achieve a balanced budget and to take the time necessary to stay current on its status. STAFF REPORT NIFAMAVAI-ral Im 131�ij I Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park I I Marc Castagnola, AICP, Director of Commu Craig A. Graves, Director of Finance DATE: February 18, 20T1 Cie IKAUSINE.."V11V *4101V —A W- a 09-111M."teh With the dissolution of local redevelopment agencies, the current state law requires the City Council acting as the governing body of the Successor Agency to the Community Development Commission ("CDC") with respect to redevelopment agency matters to adopt a Recognized Obligation Payment Schedule CROPS) every six months. Attached is the Recognized Obligation Payment Schedule (ROPS 15-16A) for the period from July 1, 2015 through December 31, 2015 and the Administrative Budget for Fiscal Year 205-16 for the Successor Agency's Board approval. FISCAL IMPACT Under AB 26 and AB 1484, the City Council, as the successor agency, may only pay the enforceable obligations of the former Commission listed on the ROPS. The successor agency is prohibited by AB 26 and AB 1484 from entering into new obligations, except as necessary for administration of the successor agency and the winding up of the Commission's business. The intent of the ROPS is to identify all enforceable obligations of the former Commission payable before December 31, 2015. Nothing in the redevelopment dissolution legislation provides for the assumption of the Commission's obligations by the City. The liability of the successor agency for the CDC's obligations is limited to assets transferred to the City, as successor agency, from the Commission by operation of law. The successor agency is to receive up to $250,000 for administrative costs per year from the Redevelopment Property Tax Trust Fund (RPTTF) distributed by the County of Los Angeles per AB 26. However, at this time, it unknown how much RPTTF the successor agency will receive during the fiscal year 2015-16. Approval of ROPS 15-16A February 18, 2015 Page 2 of 5 Staff recommends the City Council, as governing body of the Successor Agency: 1. Adopt the Recognized Obligation Payment Schedule (ROPS) 15-16A for the period of July 1, 2015 through December 31, 2015; and, 2. Adopt the Successor Agency Administrative Budget for Fiscal Year 2015-16; and, 3. Direct staff to proceed with submitting the draft ROPS 15-16A for approval to the Oversight Board; and, 4. Send the approved ROPS to the County Executive Officer, County Auditor Controller, the State Controller and Department of Finance; and, C . T -I 6A on the Citv's websie. -17 instruct staff to post the aDDroved ROPS 15 L ,BA-CKGROUND/DISCUSSION Assembly Bill XI 26 ("AB 26") was drafted with recognition that redevelopment agencies had a variety of debts and obligations that still must be met in order to avoid causing harm to the persons to whom those debts and obligations are owed. Successor agencies are supposed to receive tax revenues from the county auditors in order to ensure those obligations, referred to in AB 26 as "enforceable obligations," will be met. In order to enable the County of Los Angeles to determine how much tax revenue a successor agency needs to meet its enforceable obligations; AB 26 requires the preparation of a series of schedules of enforceable obligations. The first two schedules, the Enforceable Obligation Payment Schedule ("EOPS") and the Preliminary Draft Recognized Obligation Payment Schedule ("PDROPS") were approved by the Community Development Commission (Commission) prior to its dissolution. Those schedules formed the basis for the preparation of the first schedule previously approved by the City Council, as the governing body of the successor agency (Successor Agency), the Recognized Obligation Payment Schedule ("ROPS"). A ROPS must be prepared and presented to the City Council as the governing body of the successor agency for approval for each six-month period, from January I through June 30 and from July I through December 31, until all of the Commission's enforceable obligations have been paid in full. The approved ROPS is then submitted to the Oversight Board for approval. Following Oversight Board approval, the ROPS is sent to the Department of Finance and other agencies. On June 27, 2012, AB 1484 was enacted providing technical amendments, new rules and new deadlines for the redevelopment dissolution process. For the current ROPS, the Successor Agency must submit an Oversight Board approved ROPS 15-16A for the period of July 1, 2015 through December 31, 2015, to the DOF no later than March 3, 2015. If the ROPS is not submitted on time, there will be a civil penalty of $10,000 per day for every day that the ROPS is not submitted to the DOF. The penalty is to be paid to the County Auditor-Controller for distribution to the taxing entities. The Successor Agency must notify the County Executive Officer, the County Auditor Controller, and DOF, at the same time the Successor Agency submits a proposed action to the Oversight Board for approval. Also, all actions taken by the Oversight Board must be adopted by resolution. In addition, DOF has changed the format for the ROPS. Some of the requirements on the new ROPS format include: Approval of ROPS 15-16A February 18, 2015 Page 3 of 5 • Agencies report actual amounts paid from tax increment from the previous six-month period. • Enforceable obligations listed on one form regardless of funding source. No longer required to report monthly enforceable obligation estimates. Only six-month estimates are required. • Agencies are required to report fund balances for different fund sources. The report of available fund balance information covers two ROPS period. • Beginning with ROPS 13-14B, agencies must use the Redevelopment Agency Dissolution Web Application (RAD App) for ROPS submission. Email submission will no longer be accepted. 'File Successor Agency has complwd Wfl, +I,- ­­;—ments to prepare and DnD11_, SUI-im+ 4 to +I,- XIL " 11 11 U LL11 ui%� U approve a " U it It, L LIM, Oversight Board for approval and submit it to DOF, the State Controller's Office and the County Executive Officer and Auditor-Controller for all periods through the January through June 2015 six-month period. The Successor Agency now has before it the ROPS 15-16A for the period of July 1, 2015 through December 31, 2015 for its consideration. (The Department of Finance has established the naming convention for the ROPS, using the fiscal year and. a letter indicating whether the ROPS is for the first or second six-month period within the fiscal year.) If approved, the ROPS 15-16A will be submitted to the Oversight Board for review at a special meeting scheduled for Tuesday February 24, 2015 and at the same time to the County Executive Officer, the County Auditor Controller, and the DOF. If approved by the Oversight Board, the approved ROPS must then be provided to the Los Angeles County Auditor, the State Controller and the Department of Finance and posted on the Successor Agency's website. I KXff.111 a 1911 U I SUIP No legal review required State Law requires the City Council acting as Board Members of the Successor Agency to the Dissolved Community Development Commission to adopt a Recognized Obligation Payment Schedule (ROPS) in order for the City to pay the for Community Development Commission's obligations, which include debt, loans and administrative costs. If the ROPS are not approved, submitted to the Oversight Board and then submitted to the State Department of Finance by March 3, 2015 there is civil penalty of $10,000 a day until it is submitted. In addition, the Successor Agency would be unable to pay debt service and other obligations. This would cause former RDA bonds to go into default. 1. 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Of of W o � � � W "Ic Successor Agency Administrative Budget FY 201516 City of Baldwin Park Successor Agency Pi 1 01.11:21.1 Total Operating Administrative Costs 47,900 Total Successor Agency Administrative Budget for FY2Oi5'1G $ 250.000 �� �iia �/ W-~e 2 Percent (%) of Total Labor Total Successor Agency: Non-Housing Personnel Cost Chief Executive Officer 996 25.500 Community Development Manager 1996 28.300 Pemonne| Risk KAanager 4% G,2OO Director of Finance 14% 28.500 Assistant Accounting Manager 5096 80.200 Accountant 996 8.900 Management Assistant 9Y6 8.300 Sr. Finance Clerk 996 7.300 Sr. Finance Clerk 0% 7.400 Finance Clerk 2% 1.500 Total Personnel Cost 282`100 Total (Based on Maximum AdrninCmet Operating Administrative Costs Non-Housing Allowed) Consulting Services (Harrell & Co Advisors, LL) 5.000 4.000 Lega|Fee 32.000 10.000 Audit Fee 5.900 0.000 Facility Rental 13.680 12.000 Information & Support Services Charges 20.820 7.000 Internal Insurance Charges 22.610 7.000 Oversight Board (Copian. Printing, &Supplies) 1.200 1.280 Training 1000 700 102,019 47,900 Total Operating Administrative Costs 47,900 Total Successor Agency Administrative Budget for FY2Oi5'1G $ 250.000 �� �iia �/ W-~e 2 1 , A 1 : 1 • FEBRUARY 18, 2015 7:00 PM � 1 � A. • • • t Manuel Lozano - Chair Cruz Baca - Vice Chair Ricardo Pacheco - Board Member Monica Garcia - Board Member Susan Rubio - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Finance 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 publico a dirigirse a la Agencia nombrada en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse a la Agencia, 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. Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7.30 a.m. - 6:00 p.m.) FINANCE AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Monica Garcia, Ricardo Pacheco, Susan Rubio Vice Chair Cruz Baca and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos ser6 el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made o r q u e stiO 1-1 S a S JI-Ved by p e rs o n s; o r 2) Ln/ if te c 44- s ta 119 t 0 in ve s tig a te a 1-101/40 1, S C It 1 a d ule m a tte rs Icuo r c o n s 1; de ra tiOn at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL comisi6N No se podra tomar acci6n en algOn asunto a menos que sea incluido, en la agenda, o a menos que exista algOna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. TREASURER'SRLO-PORT—DE-P#Lc-MBER2014 Staff recommends that Council receive and file the Treasurer's Report for the month of December 2014. ADJOURNMENT CERTIFICATION 1, 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 12 th day of February, 2015. �411 W, Alejandra Avila Secretary PLEASE NOTE: Copies of staff reports and suerorting documentation pertaining to each item on this agenda are available forpublic viewing and inspection at City Hall, 2A FloorLobbyArea orat the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at krussell(a)baidwinpark. 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) L� I I SUMMARY Attached is the Treasurer's Report for the month of December 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. LEGAL REVIEW None required. P—IW COMMENDATION Staff recommends that Council receive and file the Treasurer's Report for December 2014. BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. CITY OF BALDWIN PARK TREASURER'S REPORT 12131/2014 �FINVESTMENT DESCRIPTION INTEREST RATE PURCHASE DATE MATURITY DATE PAR VALUE CURRENT PRINCIPAL BOOK VALUE MARKET VALUE State of California Local Agency Investment Fund Varies 25,092,947.62 25,092,947.62 25,092,947.62 25,092,947.62 City 0.27% 0.27% Varies Varies Varies 28,028.78 28,028.78 28,028.78 28,028.78 Housing Authority 25,120,976.40 25,120,976.40 25,120,976.40 25,120,976.40 Fiscal Agent Funds - City Varies Varies Varies 684,491.85 2,937,929.90 684,491.85 2,937,929.90 684,491.85 2,937,929.90 684,491.85 2,937,929.90 Fiscal Agent Funds - Successo Varies Varies Varies $ 28,743,398.15 $ 28,743,398.15 3,622,421.75 $ 28,743,398.15 Total Investments $ 28,743,398.15 Cash City Checking °'34959.32 V City Miscellaneous Cash 73,482.16 Comm. Develop. Comm. 0'00 Successor Agency 1,172,928.73 Housing Authority 124,914.24 Financing Authority 0.00 Total Cash 9,606,284.45 Total Cash and Investments $ 38,349,682.60 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity /purchase transaction made for the month of December 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: . Me 18, 2015 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960 -4011 BALIDWIN, Manuel Lozano Cruz Baca Ricardo Pacheco Monica Garcia Susan Rubio - 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 CEL ULARES Y BEEPERS DURANTE LA 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 publico a dirigirse a la Agencia nombrada en esta agenda, para habiar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse a la Agencia, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite habiar por tres (3) minutos. Hay un interprete para su conveniencia. t'a7L�.T _;' FP f' ," , n upol? a�:, "a_,f.)f, i`,�', ) "fairP� €�' 0 . 3 ' - . fig, ,.. fe.l »,.; �dti. ,a w s, a _ „a1 ��. as less a "kt.�Ia „$.✓?aa 9 �aa ,�'�)t ME.� i. 'Ca E�.a�.�t...t � r?�nf� ?(�. .t „*�` >1e'w ��u,. foI b�.1. ".�, _ N�� 1440', ✓ 3 HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Monica Garcia, Ricardo Pacheco, Susan Rubio Vice Chair Cruz Baca 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) Dlrecl staff tV invest %gate al d%Vr J(i! %edule matters for con side rativ— 11 at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. TREASURER'S REPORT — DECEMBER 2014 Staff recommends that Council receive and file the Treasurer's Report for the month of December 2014. ADJOURNMENT CERTIFICATION I, Alejandra Avila, Secretary of the Housing Authority hereby certify that, under penalty of perjury under the laws of the State of California, the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 12th day of February 2015. rt a AleFjandra 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) 960 -4011 ext. 466 or via e -mail at krussell .baldwinpark.com . In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) SUMMARY Attached is the Treasurer's Report for the month of December 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 Caliivorma ��....u.., A Code. FISCAL IMPACT None. LEGAL REVIEW None required. RECOMM'FNDATTON Staff recommends that Council receive and file the Treasurer's Report for December 2014. BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. CITY OF BALDWIN PARK TREASURER'S REPORT 12131/2014 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity /purchase transaction made for the month of December 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: .. PAR CURRENT BOOK MARKET INVESTMENT INTEREST PURCHASE MATURITY VALUE PRINCIPAL VALUE VALUE DESCRIPTION RATE DATE DATE State of California Local Agency investment Fund 25,092,947.62 25,092,947.62 25,092,947.62 25,092,947.62 City 0.27%, Varies Varies 28,028.78 28,028.78 28,028.78 28,028.78 Housing Authority 0.27% Varies Varies 25,120,976.40 25,120,976.40 25,120,976.40 25,120,976.40 Fiscal Agent Funds - City Varies Varies Var Varies 684,491.85 2,937,929.90 684,491.85 2,937,929.90 684,491.85 2,937,929.90 684,491.85 2,937,929.90 Fiscal Agent Funds - Successo Varies Varies Varies $ 28,743,398.15 $ 28,743,398.15 3,622,421.75 $ 28,743,398.15 Total investments $ 28,743,398.15 Cash City Checking A QFq r� 8,23_,...._.__ City Miscellaneous Cash 73,482.16 Comm. Develop. Comm. 0.00 1,172,928.73 Successor Agency 124,914.24 Housing Authority 0.00 Financing Authority Total Cash 9,606,284.45 Total Cash and Investments $ 38,349,682.60 Schedule of Cash and Investments includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturity /purchase transaction made for the month of December 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: ..