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HomeMy WebLinkAbout2015 07 15NOTICE CALL, OF A SPECIAL, TI OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, JULY 15, 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: July 9, 2015 Manuel Lozano Mayor AFFIDAVIT OF POSTING I, Alejandra Avila, City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and e-mail to the San Gabriel Valley Tribune, and that I posted said notice as required by law on July 9, 2015. Alejandra Avila City Clerk CITY COUNCIL SPECIAL TI G Please note time and meeting LY 15, 2 15-- location 5:30 PM _. CITY HALL - 3rd Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG /S /N PROCESS POR FA VOR DE APA GAR SUS TELEFONOS CEL ULARES 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 Agencies nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podrcl hacerlo durante el perlodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un 00rp► to para su conveniencia, I P > - K Manuel Lozano - Mayor Cruz Baca - Mayor Pro Tem Monica Garcia - Councilmember Ricardo Pacheco - Councilmember Susan Rubio - Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG /S /N PROCESS POR FA VOR DE APA GAR SUS TELEFONOS CEL ULARES 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 Agencies nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podrcl hacerlo durante el perlodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un 00rp► to 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 Tem Cruz Baca and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sero 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 tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exists alguna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dingir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. (Codigo de Gobierno §54954.21 OPEN SESSIONISTUDY SESSION 1. ROEM PHASE II Presentation by Dereck Allen in consideration of Phase II of the ROEM project and an exclusive negotiation contract relating to Phase II of the project. 2. PRESENTATION FOR CONSIDERATION OF RE -ZONING Presentation regarding property located at 12819 Garvey Avenue and consideration of re -zoning to permit an auto towing service establishment at the location. RECESS TO CLOSED SESSION 3. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6: ency de�rtem r resentatives: Shannon Yauchzee; Jimmy Gutierrez Em to ee Or anizations: 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 !)nre sent d Em toee s : City Planner; Housing Authority Manager; Community Development Director; Human Resource Manager; Police Chief; Finance Director; Public Works Director; Recreation and Community Services Director 4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: City of Baldwin Park v. City of Irwindale, Case Number: BS152919 Case Name: Paul Cook v. City of Baldwin Park, Case Number: 2:15 -CV -4163 Case Name: Granados v. City of Baldwin Park, Case Number: BC519406 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GC §54957) City Housing Manager City Planner 6. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: ADJOURNMENT Potential Case(s): Two (2) 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 July 9, 2015. r Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporling documentation pertaining to each item on this agenda are available for -public viewing and inspection at City l -fait, 2"d Floor Lobb,yArea or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or e-mail krysselffi@,baldwiraraartc.corrr. 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) JULY 15,2015 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 Manuel Lozano Cruz Baca Monica Garcia Ricardo Pacheco Susan Rubio Mayor - Mayor Pro Tem - Council Member Council Member - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su 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. do," �a' pi."J "ic" f �� p � �',i� wP�, p 1 "1 C� p..:P F d1' a a % � "1'� ����.d„J I"'"'+. A!. ��4��u I�! N�rvl l�''y i` f M a I �"�4�..��.%�' �,l �: P�nr g�I f ,^ r u" qm t V 1 �"X Io d l l y JSP �a�y� �,���Or C d.Bk u��.n��, � I'. 7 I!l 4I, �i� .. ........... 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 Tem Cruz Baca and Mayor Manuel Lozano REPORT FROM CLOSED SESSION ANNOUNCEMENTS This is to announce, as required by Government Code section 54954.3, members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS,, COMMENDATIONS & PRESENTATIONS • Recognition and presentation of plaques to Fire Fighter Richard Wells, Los Angeles County Fire Department, Fire Station 29, and Police Detective Jason Adams, Baldwin Park Police Department, as honorees of the Public Safety award presented by Congresswoman Grace Napolitano. • Presentation of a Plaque to Lonnie Woods for his retirement from the Los Angeles County Department of Children and Family Services after 47 years of service. • Presentation by Kaiser Permanente to highlight grants provided to the Community Relief Program, PRIDE Platoon and K-9 Unit. • Presentation of video featuring the ROEM Project Groundbreaking, City Council Agenda Page 2 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 accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. EI 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 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. 2. TREASURER'S REPORT — APRIL 2015 AND MAY 2015 Staff recommends that Council receive and file the Treasurer's Report for the months of April 2015 and May 2015. 3. MEETING MINUTES Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Special and Regular City Council Meetings held on May 2, 2012. B. Meeting Minutes of the Special and Regular City Council Meetings held on February 20, 2013. C. Meeting Minutes of the Special and Regular City Council Meetings held on March 6, 2013. D. Meeting Minutes of the Special and Regular City Council Meetings held on March 20, 2013. E. Meeting Minutes of the Finance Authority, Special and Regular City Council Meetings held on April 3, 2013. F. Meeting Minutes of the Special and Regular City Council Meetings held on April 17, 2013. G. Meeting Minutes of the Special and Regular City Council Meetings held on May 1, 2013. H. Meeting Minutes of the Special and Regular City Council Meetings held on May 15, 2013. I. Meeting Minutes of the Regular Meeting of the City Council held on June 5, 2013. City Council Agenda Page 3 4. 5. 6.. 7. J. Meeting Minutes of the Special and Regular Meetings of the City Council held on June 19, 2013. K. Meeting Minutes of the Special Meeting of the City Council held on September 25, 2013. L. Meeting Minutes of the Special Meeting of the City Council held on December 16, 2013 M. Meeting Minutes of the Special and Regular Meetings of the City Council held on June 3, 2015 N. Meeting Minutes of the Special Meeting of the City Council held on June 10, 2015. O. Meeting Minutes of the Special Meeting of the City Council held on June 23, 2015. P. Meeting Minutes of the Special Meetings of the Finance Authority, Housing Authority and City Council held on July 1, 2015. REJECTION OF CLAIMS Staff recommends that Council reject the following claims and direct staff to send the appropriate notice of rejection to claimants: Vasquez, Javier Claimant alleges non-functioning street lights when he was struck by car Lozadu, Juan Claimant alleges tree branch damaged car windshield APPROVE THE BARNES PARK AND WALNUT CREEK NATURE PARK YOUTH EMPLOYMENT PLAN Staff recommends that Council approve the Youth Employment Plan to meet requirements of the Los Angeles County Regional Park and Open Space District policy on employment of at -risk youth. NOTICE OF COMPLETION — CITYWIDE SIDEWALK IMPROVEMENTS PROJECT Staff recommends that Council: 1) Accept the construction improvements by Moreno Engineering, Inc., and authorize the recordation of a Notice of Completion; and 2) Authorize the payment of $21,263.34 in retention funds to Moreno Engineering, Inc., upon expiration of the 35 -day notice period. NOTICE OF COMPLETION — CITYWIDE STEET SIGN REPLACEMENT PROJECT Staff recommends that Council: 1) Accept the construction improvements by Aegis ITS, Inc., and authorize the recordation of a Notice of Completion; and 2) Authorize the payment of $6,922.87 in retention funds to Aegis ITS, Inc., upon expiration of the 35 -day notice period. City Council Agenda Page 4 8.. CONDUCT A SECOND READING, BY TITLE ONLY AND WAIVE FURTHER READING, AND FOLLOWING SUCH READING, ADOPT ORDINANCE 1375, ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 91.40 OF CHAPTER 91, TITLE IX, GENERAL REGULATIONS, OF THE BALDWIN PARK MUNICIPAL CODE." Staff recommends that Council conduct a second reading, by title only and waive further reading, and following such reading, adopt Ordinance 1375, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 91.40 OF CHAPTER 91, TITLE IX, GENERAL REGULATIONS, OF THE BALDWIN PARK MUNICIPAL CODE" regarding False Alarms. 9. CONSIDERATION AND AUTHORIZATION TO SUBMIT THE DRAFT ENHANCED WATERSHED MANAGEMENT PROGRAM FOR THE UPPER SAN GABRIEL RIVER WATERSHED MANAGEMENT GROUP TO THE LOS ANGELES REGIONAL WATER QUALITY CONTROL BOARD Staff recommends that Council authorize the Chief Executive Officer to sign a Letter of Authorization allowing the County of Los Angeles to submit the Draft Enhanced Watershed Management Program to the Los Angeles Regional Water Quality Control Board on the City's behalf. 10. APPROVE A RESOLUTION TO VACATE A PORTION OF TRACT 71822 Staff recommends that Council approve and adopt Resolution No. 2015-080, entitled "A RESOLUTION OF THE CITY COUNCIL FO THE CITY OF BALDWIN PARK, ORDERING THE VACATION OF A PORTION OF CLAMVIEW AVENUE IN THE CITY OF BALDWIN PARK." 11. APPROVE A PROPOSAL FOR COLLECTIONS SERVICES Staff recommends that Council approve the proposal submitted by Credit Bureau Associates and direct the City Attorney to prepare the appropriate contract incorporating the proposal, and authorize the Mayor to sign all necessary documents. 12. AUTHORIZE THE CITY TO ENTER INTO AN AGREEMENT WITH THE BALDWIN PARK UNIFIED SCHOOL DISTRICT FOR PUBLISHING IN THE BALDWIN PARK NOW Staff recommends that Council approve the agreement between the City of Baldwin Park and the Baldwin Park Unified School District to provide for publication of bi- lingual articles and notices in the Baldwin Park NOW. 13. ADOPTION OF THE BUDGET FOR FISCAL YEAR 2015/2016 FOR THE CITY OF BALDWIN PARK, FINANCE AUTHORITY, HOUSING AUTHORITY AND SUCCESSOR AGENCY That the Mayor and City Council approve the Fiscal Year 2015-2016 Budget for the City, by approving Resolution Nos. 2015-078, HA 2015-005, FA 2015-003 and SA 2015-005, respectively, for the City, Housing Authority, Finance Authority and the Successor Agency. City Council Agenda Page 5 14. APPROVE A MEMORANDUM OF UNDERSTANDING FOR ADMINISTRATION AND COST SHARING OF THE COORDINATED INTEGRATED MONITORING PROGRAM FOR THE UPPER SAN GABRIEL RIVER WATERSHED Staff recommends that Council authorize the Chief Executive Officer to execute the Memorandum of Understanding (MOU) with the County of Los Angeles for the administration and cost sharing for the implementation of the Coordinated Integrated Monitoring Program (COMP) for the Upper San Gabriel Valley Enhanced Watershed Management Program (EWMP). 15. APPROVE AND ADOPT RESOLUTIONS TO APPROVE MEMORANDUMS OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND BALDWIN PARK POLICE MANAGEMENT EMPLOYEES ASSOCIATION, THE CITY OF BALDWIN PARK AND THE GENERAL UNIT OF MAINTENANCE EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION, SEIU LOCAL 721, AND ADOPT RESOLUTIONS AMENDING THE EXECUTIVE BENEFITS MATRIX AND UNCLASSIFIED MANAGEMENT BENEFITS MATRIX Staff recommends that Council approve and adopt Resolution Nos. 2015-057 and 2015-058, respectively, thereby approving the Memorandum of Understanding between the City of Baldwin Park and the Baldwin Park Police Management Employees Association, and the City of Baldwin Park and the General Unit of Maintenance Employees, Service Employees International Union, SEIU Local 721; and Resolution Nos. 2015-081, respectively, amending the Executive Benefits Matrix and the Unclassified Management Benefits Matrix. 16. APPROVE AN AMENDMENT TO THE AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, TO EXTEND THE PERIOD OF THE CONTRACT, TO PROVIDE CROSSING GUARD SERVICES FOR FISCAL YEAR 2015/2016 Staff recommends that Council approve the Amendment to the Agreement with All City Management Services (ACMS), extending the contract for the period of July 1, 2015, through June 30, 2016, to provide crossing guard services at locations throughout the city. 17. APPROVE THE COMMUNITY DEVELOPMENT DEPARTMENT'S PARTNERSHIP WITH THE CALIFORNIA CENTER FOR PUBLIC HEALTH ADVOCACY (CCPHA) ON A GRANT APPLICATION FROM THE AMERICAN PLANNING ASSOCIATION (APA) IN COLLABORATION WITH THE AMERICAN PUBLIC HEALTH ASSOCIATION (APHA) Staff recommends that Council approve the City's partnership with the California Center for Public Health Advocacy on a Grant Application for funding from the American Planning Association with the American Public Health Association. 18. APPROVE OF ANNUAL STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2015/2016 Staff recommends that Council receive and file the Statement of Investment Policy for Fiscal Year 2015/2016. City Council Agenda Page 6 PUBLIC HEARINGS 19. CONTINUE THE PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2015-076 ORDERING THE ASSESSMENT FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2015-2016 Staff recommends that Council conduct a Public Hearing and, after considering relevant testimony, waive further reading and read by title only, and adopt Resolution No. 2015-076, entitled "A Resolution of the City Council of the City of Baldwin Park, California, ordering the annual levy and collection of assessments associated with the Citywide Park Maintenance Assessment District for FY2015- 2016, and authorizing the Los Angeles County Assessor to add this special assessment to the property tax bills." 20. CONTINUE THE PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2015-077 ORDERING THE ASSESSMENT FOR THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY2015-2016 Staff recommends that Council conduct a Public Hearing and, after considering relevant testimony, waive further reading and read by title only, and adopt Resolution No. 2015-077 entitled "A Resolution of the City Council of the City of Baldwin Park, California, ordering the annual levy and collection of assessments associated with the Citywide Landscaping and Lighting Maintenance Assessment District for FY2015-2016, and authorizing the Los Angeles County Assessor to add this special assessment to the property tax bills." 21. CONTINUE THE PUBLIC HEARING TO CONSIDER A REQUEST FOR CONSIDERATION OF A PROPOSED AMENDMENT TO THE CITY'S MUNICIPAL CODE ADDING LANGUAGE RELATING TO COTTAGE FOOD OPERATIONS IN ACCORDANCE WITH STATE LAW. (LOCATION: ALL RESIDENTIAL ZONES; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: AZC-176) Staff recommends that Council conduct a Public Hearing to consider a request of a Proposed Amendment to the City's Municipal Code Adding Language Relating to Cottage Food Operations in Accordance with State Law (Location: All Residential Zones; Applicant: City of Baldwin Park; Case Number: AZC-176), and following the hearing, introduce and read, by title only, Ordinance No. 1374, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK TO AMENDING BALDWIN PARK MUNICIPAL CODE CHAPTER 153.220 AND 153.120 TO ESTABLISH REGULATIONS FOR COTTGE FOOD OPERATIONS." REPORTS OF OFFICERS 22. APPOINTMENT OF VOTING DELEGATES FOR 2015 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE — ANNUAL BUSINESS MEETING Staff recommends that Council appoint a voting delegate and up to two alternate voting delegates to represent the City of Baldwin Park at the Annual Business Meeting to be held at the 2015 League of California Cities Annual Conference. City Council Agenda Page 7 23. REVIEW OF CURRENT APPLICATIONS AND CONSIDERATION OF APPOINTMENT, REAPPOINTMENT, OR REMOVAL OF MEMBERS OF VARIOUS CITY COMMISSIONS Staff recommends that Council review the submitted Commission applications, accept nominations, authorize staff to initiate the appropriate background checks through the Department of Justice (DOJ) and, contingent upon satisfactory clearance by the DOJ, appoint individuals to the respective City Commissions and adopt, the following Resolutions: 1) Resolution No. 2015-070, entitled, "A Resolution of the City Council of the City of Baldwin Park Appointing Individuals to the Planning Commission of the City of Baldwin Park, to Office Numbers 1, 2, 3, 4 and 5;" 2) Resolution No. 2015-071, entitled, "A Resolution of the City Council of the City of Baldwin Park Appointing Individuals to the Personnel Commission of the City of Baldwin Park, to Office Numbers 1, 2, 3, 4 and 5;" 3) Resolution No. 2015-072, entitled, "A Resolution of the City Council of the City of Baldwin Park Appointing Individuals to the Recreation & Community Services Commission of the City of Baldwin Park, to Office Numbers 1, 2, 3, 4, 5, 6, 7 and 8." 4) Authorize staff to re -advertise to solicit applications for the Housing Commission of the City of Baldwin Park, for Office Numbers 1 and 2, the term of which expires on June 30, 2015, but for which no applications were received; and 5) At this time the City Council could also consider the removal and or replacement of any commissioners consistent with and pursuant to BPMC Section 32.09. CITYCOUNCIL 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. SA -1. APPROVE OF ANNUAL STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2015/2016 Staff recommends that Council receive and file the Statement of Investment Policy for Fiscal Year 2015/2016. SA -2. TREASURER'S REPORT — APRIL 2015 AND MAY 2015 Staff recommends that Council receive and file the Treasurer's Report for the months of April 2015 and May 2015. SA -3. ADOPTION OF THE BUDGET FOR FISCAL YEAR 2015/2016 FOR THE CITY OF BALDWIN PARK, FINANCE AUTHORITY, HOUSING AUTHORITY AND SUCCESSOR AGENCY That the Mayor and City Council approve the Fiscal Year 2015-2016 Budget for the City, by approving Resolution Nos. 2015-078, HA 2015-005, FA 2015-003 and SA 2015-005, respectively, for the City, Housing Authority, Finance Authority and the Successor Agency. City Council Agenda Page 8 CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Mayor Pro Tem Cruz Baca for discussion and direction to staff on the following: • Mayor Pro Tem Baca is requesting that direction be provided to staff to implement a plan to install flag banners on Maine Street and Ramona Boulevard during the time period between Memorial Day and the July 4th, beginning next year. • Mayor Pro Tem Baca is requesting that direction be provided to staff to bring back information on adopting City Council Standing Rules / Rules of Conduct to a future Study Session for consideration and adoption. Request by Councilmember Susan Rubio for discussion and direction to staff on the following: • Councilmember Rubio is requesting that direction be provided to staff to implement a program to honor the Memorial Day weekend by accepting submission of names of Baldwin Park Resident Veterans to be displayed on the Morgan Park Marquis, and have a large wreath placed on the Morgan Park Veterans Memorial. Request by Councilmember Monica Garcia for discussion and direction to staff on the following: • Councilmember Garcia is requesting that direction be provided to staff to devise and implement improved tactics, methods and media to respond to and prevent the use of illegal fireworks next July 4th. ADJOURNMENT CERTIFICATION I, 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 9th day of July, 2015. Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are avalilable 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 Virus gp t baldw!npgrk.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda Page 9 ITEM NO. STAFF REPORT TO: Honorable Mayor and City Councilmembers THE *V FROM: Rose Tam, Assistant Accounting Manager r° • SAN,6A6RiEL, ° DATE: July 15, 2015 P SUBJECT: WARRANTS AND DEMANDS. 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 $753,491.13 and the attached General Warrants Register were $671,915.80 for a total amount of $1,529,595.34. 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 two payrolls of the City of Baldwin Park consisting of check numbers 197120 to 197162. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 241995 to 242482 for the period of May 10, 2015 through June 06, 2015, inclusive; these are presented and hereby ratified in the amount of $753,491.13. 2. General Warrants, including check numbers 205022 to 205509, in the total amount of $1,529,595.34 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. 0 ft ft, I An vuS�5 ,4 VC, A V, AD 0 CIO INvl )rw ""' "'• 4 VIM 9 `1 2, A m 43 M 'fil, lot m in xl,& : rew,n II W A v 15W, "s " 199csi, m 0 w "D w q",� I a N ;me "I '41 ��O CC i r" 11 r. r, I- A., 0 CC M C3 t"I 'It ,,, V� P 1� D 0 e::� I 1:2 c� "P P, m W Prk 0K R IA Il U, 61 "'1 �Jl re tJ t, 141 w M 46 f/4 INA go PV t rR, e. 11. 01, 3L VIA oul R 0 21 Ir.1, Ill � 0 19 A xz KA 11/1 PV Am iI ".A ZA AA Ice t4 P1 11 f? t4 R ;esZV dr are RR 141,11, �N 'W le, Ra "'I'm un 6, W"a W -14 8 R 2pt 62 91 1IuNW V"', . ! la ra� f V-4 11 4 0 A IllIII 0 'W V`..I I ;� I u ul" FS, A red. A F5 � A te) Ut (11 U A � I CIN P1 t"I r`J 49 ViC, c's N ww9 09 r�;if, , V4 fq 0 04, 9 V � 0 sp v 4 0 vq 4 A R Ip 0 IP 10 0 f.) 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CPa "M &I w VP V, z IP 05 <1 Ch 1111 0!'4 W, In, v, 4, ',5 IXI Vp a, n , 'Al N,4 10W', 01 4", -r "A m 0, ca 0 �4 Ol f,4 01 V� IM wl 40 0, 'A rq C4 C11 r4 14 " tKd cc 1,1, �4 01 W V7, "0 'r i "4N C CT ale r.CM 41, 1�4 V`lP to 04 0 fn cl CO 10 01, C INV,,6 WV Uv rV 0 W11 C, I'M C, 0 4D t�[, Irp IP STAFF REPORT TO: FROM: ITEM NO. Honorable Mayor and City Councilmembers Terry Shea, Interim Director of Finance/'�/ DATE: July 15, 2015 SUBJECT: TREASURER'S REPORT — APRIL 2015 & MAY 2015 SUMMARY Attached is the Treasurer's Report for the months of April 2015 and May 2015. 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 Reports for April 2015 and May 2015. BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. �flnnA��:ta INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET' D'FSCRIPT$ON RATE DATE DATE VAI -IAF PRINCfPAL VALUE VALUE State of California Local Agency Investment Fund City 0.28% Varies Varies Housing Authority 0.28% Varies Varies Fiscal Agent Funds - City Varies Varies Varies Fiscal Agent Funds - Successo Varies Varies Varies 25,125,128.25 25,125,128.25 25,12,5"128.26 245,125„128.25 13,063.61 13,063.61 13,063.61 13,06 3.6 1', 25,,138,101.86 25,138,191.86 25,138,191.86 25,138,191.86 2,222,642.52 2,222,642.52 2,222;647.52 2,222,642.52 2,937,982.94 2,937,982.94 2,937,982.94 2,937,982.94 30 298,817 32 S 30,298,817.32 5,160;625.46 S .30,298,817.32 Total Investments $ 30,298,817.32 Cash City Checking 9,734,490.94 City Miscellaneous Cash 79,517.20 Comm. Develop. Comm. 0.00 Successor Agency 5,682,755.88 Dousing Authority 88,332.12 Financing Authority 0.00 Total Cash ®15,565,096.14 Total Cash and Investments $ 45,883,913.46 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 April 2015 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: l+ rry A6 InterO„wrcctor of” Finance CITY OF BALDWIN PARK TREASURER'S REPORT 4130/2015 INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET OESC IPnoN RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund City 0.28% Varies Varies 25,125,128.25 25,125,128.25 25,125,128.25 25,125,128.25 Housing Authority 0.28% Varies Varies 13,063.61 13,063.61 13,063.61 13,063.61 25,138,191.86 25,138,191.86 25,138,191.86 25,138,191.86 Fiscal Agent Funds - City Varies Varies Varies 2,222,642.52 2,222,642.52 2,222,642.52 2,222,642.52 Fiscal Agent Funds - Successo Varies Varies Varies 2,937,982.94 2,937,982.94 2,937,982.94 2,937,982.94 $ 30,298 $ 302298817.32 5,160,625.46 $ 30,298,817.32 Total Investments $ 30,2989817.32 Cash City Checking 9,734,490.94 City Miscellaneous Cash 79,517.20 Comm. Develop. Comm. 0.00 Successor Agency 5,682,755.88 Housing Authority 88,332.12 Financing Authority __ 0.00 Total Cash 15,585,096.14 Total Cash and Investments $ 45,883,913.46 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 April 2015 and several depositstwithdrawals 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: I c rry 1v Isite 14,fir awirectnr off+ nance, ITEM NO. MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING MAY 2, 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. ROLL CALL PRESENT: Councilmember Ricardo Pacheco Councilmember Monica Garcia Councilmember Susan Rubio Mayor Pro Tem Cruz Baca Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications. Seeing no one wishing to speak, Public Communications were closed. OPEN SESSION There being no items for consideration in Open Session, the meeting recessed to Closed Session. @30MMUM9, 1. CONFERENCE WITH LABOR NEGOTIATIONS Pursuant to Government Code Section 54957.6: 6ggnSy de iron ted re resentatives: Vijay Singhal, Chief Executive Officer and other representatives as designated Empj g Organizattgns: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association; Unrepresented employees; and part-time employees ADJOURNMENT There being no further business, the meeting was adjourned. ATTEST: City Clerk APPROVED: Mayor Page 1 of 1 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING MAY 2, 2012, 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 Lozano at 7:07 p.m.. INVOCATION The invocation was provided by Pastor Jackson, PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano, ROLL CALL MEMBERS PRESENT: Council Member Ricardo Pacheco Council Member Marlen Garcia Council Member Monica Garcia Mayor Pro Tem Susan Rubio Mayor Manuel Lozano ANNOUNCEMENTS Mayor Lozano announced, as required by Government Code section 54954.3, that 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. Councilmember Pacheco announced that there will be an upcoming Spring Job Fair on May 8, 2012, at Morgan Park and briefly described the many services that will be available at the Fair. Mayor Pro Tem Rubio extended thanks to staff for their contribution and to the community for showing support for Arbor Day with their tremendous turnout; noted that the event was very well attended and recognized the Baldwin Park Police Department for their donations of trees for planting. Mayor Pro Tem Rubio also announced upcoming events that highlight the fight against cancer, with the Relay for Life, and the fight against breast cancer, with the Susan Komen Walk for the Cure event. Councilmember Garcia expressed sorrow in the announcement that Fidel Vargas, a long time Baldwin Park resident, succumbed to cancer recently; requested that the meeting be closed in his memory and expressed appreciations for his community participation over the many years. Treasurer Contreras asked that the meeting be closed in memory of Michael Miranda, whose family history can be traced back generations in the city of Irwindale. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Plaque of Recognition to the Seniors of the Year Honorees, Bobby Chavez and Jacqueline Williams Mayor Pro Tem Rubio presented a plaque to Mr. Bobby Chavez and Ms. Jacqueline Williams in recognition of their being selected as Seniors of the Year and thanked them for their positive contribution to community. • Proclamation proclaiming "May" as Older American Month Mayor Pro Tem Rubio declared May as "Older American Month" and thanked all those seniors make a positive contribution to community through their tireless efforts. Mayor Lozano opened Public Communications at 7:12 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Ken Woods, Baldwin Park resident, requested clarification on Item No. 12 on this evening's agenda. Vida Flores, Baldwin Park resident, announced that there will be an upcoming fund raiser golf tournament to benefit the Flores Music Scholarship Fund; noted that tickets to compete are still available and that there will also be a brunch; also announced that student auditions have been completed and the scholarship selection process is underway, and that she and her husband would like to announce the scholarship winners at a future meeting. Jessica, American Cancer Society, announced a new event, "Making Strides Against Breast Cancer," will be holding an event on July 21St to bring attention to the need for the early detection of breast cancer, and to raise awareness of the fact that it affects men and women, young and old; extended an invitation for Council to attend a kick-off luncheon on July 19tH Myra Var_q s and Annette Staley, both Baldwin Park residents and committee members for the American Cancer Society, encourage members of the community to attend the "Making Strides" event and stressed the importance of everyone getting involved with fight against breast cancer. Mayor Pro Tem Rubio asked that the event to published on the front page of the next Baldwin Park NOW to be published. Seeing no others wishing to speak, Public Communications closed at 7:25 p.m. CONSENT CALENDAR WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 2 of 9 2. MONTHLY FINANCIAL REPORT: MARCH Staff recommends that Council receive and file the monthly financial report for the period ending March 2012 A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to receive and file the monthly financial report for the period ending March 2012. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL Staff recommends the City Council approve the preparation and presentation of the plaques and proclamation as outlined in the staff report. A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to approve the preparation and presentation of the plaques and proclamation as outlined in the staff report. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. SECOND READING OF ORDINANCE 1346- AN AMENDMENT AND RESTATEMENT TO CHAPTERS 152 (SUBDIVISION REGULATIONS) AND 153 (ZONING CODE) OF THE CITY OF BALDWIN PARK MUNICIPAL CODE (LOCATION; CITYWIDE: APPLICANT: CITY OF BALDWIN PARK: CASE NUMBER: Z-553 AND AZC-163) Staff recommends the City Council read by title only and adopt on second reading, Ordinance No. 1346 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING RESTATEMENTS AND AMENDMENTS TO CHAPTERS 152 (SUBDIVISION REGULATIONS) AND 153 (ZONING CODE) OF THE BALDWIN PARK MUNICIPAL CODE AND THE CITY'S ZONING MAP (LOCATIONS: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBERS: Z-553 AND AZC- 163). A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to approve and adopt Ordinance No. 1346, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING RESTATEMENTS AND AMENDMENTS TO CHAPTERS 152 (SUBDIVISION REGULATIONS) AND 153 (ZONING CODE) OF THE BALDWIN PARK MUNICIPAL CODE AND THE CITY'S ZONING MAP (LOCATIONS: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBERS: Z-553 AND AZC- 163). AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 3 of 9 5. APPROVAL TO PARTICIPATE IN THE 2012 SUMMER LUNCH PROGRAM Staff recommends the City Council 1) Authorize staff to submit an application to the State of California, Department of Education to participate in the 2012 Summer Lunch Program; and 2) Authorize the Director of Recreation and Community Services to execute all Sumer Lunch Program documents, including the agreement with EI Monte Union High School District; and 3) Allocate $40,000 from the General Fund to administer the program. A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to 1) Authorize staff to submit an application to the State of California, Department of Education to participate in the 2012 Summer Lunch Program; and 2) Authorize the Director of Recreation and Community Services to execute all Sumer Lunch Program documents, including the agreement with EI Monte Union High School District; and 3) Allocate $40,000 from the General Fund to administer the program. AYES: Garcia, Garcia, NOES: None. ABSENT: None. ABSTAIN: None. Lozano, Pacheco, Rubio 6. AWARD OF CONTRACT FOR PYROTECHNIC SERVICES FOR THE FOURTH OF JULY FIREWORKS CELEBRATION Staff recommends the City Council 1) Award contract for one additional show to Pyro Spectaculars, Inc. for professional pyrotechnic services related to the 4th of July Fireworks Celebration in the amount of $14,500 and 2) Authorize the Director of Recreation and Community Services to execute the attached agreement. A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to 1) Award contract for one additional show to Pyro Spectaculars, Inc. for professional pyrotechnic services related to the 4th of July Fireworks Celebration in the amount of $14,500 and 2) Authorize the Director of Recreation and Community Services to execute the attached agreement. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. AWARD A CONTRACT FOR THE CONSTRUCTION OF THE SYRACUSE ALLEY IMPROVEMENTS TO MORENO ENGINEERING INC. IN THE AMOUNT OF $54,906 Staff recommends the City Council 1) award a Construction Contract to Moreno Engineering, Inc. in the amount of $54,906; and 2) authorize the Mayor to execute the Agreement shown in Attachment 3; and 3) authorize the Director of Public Works to execute any necessary change orders in an amount not to exceed ten percent (10%) of the original contract. A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to 1) award a Construction Contract to Moreno Engineering, Inc. in the amount of $54,906; and 2) authorize the Mayor to execute the Agreement shown in Attachment 3; and 3) authorize the Director of Public Works to execute any necessary change orders in an amount not to exceed ten percent (10%) of the original contract. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio Page 4 of 9 NOES: None, ABSENT: None. ABSTAIN: None. PUBLIC HEARING 8. A REQUEST FOR APPROVAL OF AN AMENDMENT TO SECTION 153.442 OF THE CITY'S MUNICIPAL CODE RELATING TO MASSAGE USE (LOCATION: ALL COMMERCIAL AND INDUSTRIAL ZONED PROPERTIES; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC-172) PARK; CASE NO.: AZC-172) Staff recommends the City Council open the public hearing and following the public hearing adopt Resolution 2012-018 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO MASSAGE/ACUPRESSURE LAND USES (LOCATION: ALL COMMERCIAL AND INDUSTRIAL ZONED PROPERTIES; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC-172;" and introduce for first reading, read by title only and waive further reading of Ordinance 1351, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 153.442 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO MASSAGE/ACUPRESSURE USES." Mayor opened the Public Hearing at 7:29 p.m. and invited those wishing to speak in favor of the item to step forward. The Mayor then invited those wishing to speak in opposition to the item to come forward to speak. Seeing no others wishing to speak, the Mayor closed the Public Hearing at 7:30 p.m. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to adopt Resolution 2012-018, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN AMENDMENT TO THE CITY'S MUNICIPAL CODE RELATING TO MASSAGE/ACUPRESSURE LAND USES (LOCATION: ALL COMMERCIAL AND INDUSTRIAL ZONED PROPERTIES; APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC-172;" and introduce for first reading, read by title only and waive further reading of Ordinance 1351, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 153.442 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO MASSAGE/ACUPRESSURE USES." AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 9.. PUBLIC HEARING REGARDING THE FISCAL YEAR 2012-2013 ANNUAL ACTION PLAN AND THE CITIZEN PARTICIPATION PLAN AND THE AMENDMENT TO THE FY 2011-2012 ANNUAL ACTION PLAN Staff recommends the City Council conduct the public hearing and following the public hearing, approve 1) Public Service Reallocation of the $1,000 surplus; 2) FY 2012-2013 Annual Action Plan; 3) FY 2012-2013 Citizen Participation Plan and 4) Amendment to FY 2011-2012 Annual Action Plan. Page 5 of 9 Mayor opened the Public Hearing at 7:29 p.m. and invited those wishing to speak in favor of the item to step forward. The Mayor then invited those wishing to speak in opposition to the item to come forward to speak. Seeing no others wishing to speak, the Mayor closed the Public Hearing at 7:30 p.m. A motion was made by Rubio, seconded by Pacheco, to reallocate the $1,000 surplus back to the St. John's Church. Councilmember Garcia voice objection. Councilmember Marlen Garcia engaged discussion by suggesting that the funds be allocated to the Youth Employment Program, to better all citizens in the community. Councilmember Monica Garcia voiced her support for this position. Following discussion, Mayor Lozano recognized the motion, second and objection, and then called on the City Clerk to take the vote by roll call for the reallocation of $1,000 to St. John's Church. A motion was made by Rubio, seconded by Pacheco, to reallocate the $1,000 surplus to St. John's Church. The City Clerk recorded the following Roll Call Vote: AYES: Pacheco, Rubio NOES: Garcia, Garcia, Lozano ABSENT: None. ABSTAIN: None. This motion failed by a vote of (2-3). A motion was made by Garcia, seconded by Garcia, to reallocate the $1,000 surplus to the Summer Youth Employment Program. Councilmember Pacheco voiced objection. Mayor Lozano called upon the City Clerk to record the vote by Roll Call. Roll Call vote is recorded as follows: AYES: Garcia, Garcia, Lozano, Rubio NOES: Pacheco ABSENT: None. ABSTAIN: None. The motion was made by Garcia, seconded by Garcia, to reallocate the $1,000 surplus to the Summer Youth Employment Program, carried by a vote of (4-1). The motion was made by Rubio, seconded by Garcia, and carried (5-0) to approve the FY 2012-2013 Annual Action Plan; FY 2012-2013 Citizen Participation Plan and Amendment to FY 2011-2012 Annual Action Plan. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 6 of 9 REPORTS OF OFFICERS 10. CONTINUED FROM MEETING OF APRIL 11, 2012 - REVIEW OF COMMISSION APPLICANTS AND CONSIDERATION OF APPOINTMENTS AND/OR REAPPOINTMENTS TO FILL THE JUNE 30, 2011 SCHEDULED VACANCIES FOR THE HOUSING COMMISSION AND PERSONNEL COMMISSION Staff recommends the City Council review all Commission applications and provide direction to staff. Councilmember Pacheco asked that each member be provided the opportunity to nominate individuals to each commission. A motion was made by Pacheco, seconded by Rubio, to nominate Auggie Galvis for the Housing Commission. Councilmember Garcia voiced objection. Councilmember Garcia noted that she knows one of the applicants to be qualified as a Public Housing tenant, however, it is unknown whether the other applicants would qualify for the seat that requires that the person be over 62 years of age; suggested that two of the positions that do not have restrictions be filled with applicants as presented, and the two positions that have appointment restrictions (Public Housing tenant and Senior over 62) would then be re -advertised. Again, Councilmember Marlen Garcia asked that the item with a staff report that provides more background on each of the applicants, noting any special qualifications they may have that would allow appointment to the restricted seats. That being said, Mayor Lozano directed staff to bring the appointment of applicants to the Housing Authority back at a future meeting and provide detailed backgrounds on each applicant. A motion was made by Lozano, seconded by Pacheco, to appoint the two applicants, Yvonne Dominguez and Manuel Penate, as the student representatives on the Parks and Community Services Commission for a period of one year. There being no objections, the motion carried (5-0). AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. A motion was made by Garcia, seconded by Pacheco, and carried (5-0) to approve the selection of Lilliana Ramirez for appointment, and the reappointment of the incumbents Benson T. Lien and Nabor Gilbert Padilla, to serve on the Personnel Commission for a period of one year. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 7 of 9 CITY COUNCIL ACTING AS SUCCESSOR AGENCY CONSENT CALENDAR 11. APPROVAL OF THE SECOND RECOGNIZED OBLIGATION PAYMENT SCHEDULE ("ROPS") FOR THE PERIOD FROM JULY THROUGH DECEMBER 2012 BY THE CITY COUNCIL AS GOVERNING BODY OF THE SUCCESSOR AGENCY OF THE COMMUNITY DEVELOPMENT COMMISSION Staff recommends the City Council, as the governing Board of the Successor Agency, to the dissolved Community Development Commission of the City of Baldwin Park, approve the ROPS. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to receive and file the monthly financial report for the period ending March 2012. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 12. APPROVAL OF THE SUCCESSOR AGENCY'S AND OVERSIGHT BOARD'S ADMINISTRATIVE BUDGET AND CASH BALANCE STATEMENT Staff recommends the City Council, as the governing body of the Successor Agency, 1) approve the Administrative Budget and Cash Balance Statement; 2) Authorize the Successor Agency to initiate action to recover the revenue shortfall from the County; and 3) Authorize staff to notify the bond trustees of the possible shortage and/or nonpayment if sufficient bonds are not received from the County in June 2012 A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to receive and file the monthly financial report for the period ending March 2012. AYES: Garcia, Garcia, NOES: None. ABSENT: None. ABSTAIN: None. Lozano, Pacheco, Rubio CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Councilmember Garcia reported back from the San Gabriel Valley Council of Governments (COG) meeting that she recently attended; discussion of L.A. County Water Quality Funding Initiative; anticipates the initiative will create a tax liability for businesses and residents in Baldwin Park; sought input and determine the position of Council on this proposed initiative; noted that there is a mid-May deadline associated with this initiative so prompt response is needed. Discussion ensued and concern was expressed regarding the implications of additional taxes on the residents; noted that of the taxes collected, only 40% of the total revenue generated would be passed on to the City; most Councilmembers expressed objection to the initiative and suggested that this position be passed on to COG. City Attorney advised the Mayor and Council that the item is not agendized and should not be discussed any further. Council was in agreement that this item would be agendized and a recommendation will be made at that time. Page 8 of 9 Councilmember Marlen Garcia reported that she was invited to be a guest speaker at the National Association of Latino Elected Officials (NALEO); noted that there were a number of cities represented and the various events were informative. Councilmember Garcia also requested that the "Walk With the Mayor" be resurrected and encourage the interaction of Council with the community. Councilmember Garcia went on to recommend that those persons being selected to serve on a Commission undergo a background check to insure that individuals do not have any criminal history. Mayor Lozano requested that at the sight located adjacent to the Home Depot parking lot, the landscape is not being maintained property and he asked that property owners be directed to install water -tolerant plants in the area. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Pacheco, to adjourn the meeting at 8:25 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Page 9 of 9 ITEM NO. MINUTES BALDWIN PARK CITY COUNCIL SPECIAL MEETING FEBRUARY 20, 2013', 6:00 P.M. CITY HALL — 3" Floor Conference Room 307 14403 East Pacific Avenue, Baldwin Park, CA 91706. CALL TO ORDER The meeting was called to order at 6:10 p.m. ROLL CALL: Council Member Marlen Garcia Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano None.PUBLIC COMMUNICATIONS STUDY,# "M • - RECESS TO CLOSEDW 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, C. E. O. and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and the Baldwin Park Police Officer's Association; Un -represented employees; and part-time employees. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC §54956.9 (d)(1)) Eddie Avakian, Case No. 2010107078 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC §54956.9 (d)(1)) Case Name: Adams, et al v. City of Baldwin Park, et al, Case No. CIV12-00512 REPORT FROM CLOSED SESSIONI No action was taken on items discussed in Closed Session. ADJOURNMENT The Special Meeting was adjourned at 7:00 p.m. ATTEST: City Clerk Mayor MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING FEBRUARY 20, 2013, 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 by Pastor Jackson. PLEDGE, OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL Council Member Marlen Garcia Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano This is to announce, as required by Government Code section 54954.3, members of the City Council are also members of the Board of Directors of the Community Development Commission, Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $75 for attending the CDC meeting, $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. Mayor Lozano asked that the meeting be closed in memory of Edward E. Morga, a resident of Baldwin Park for over 60 years; extended heartfelt condolences to his family. Mayor Lozano asked that the meeting also be concluded in memory of Albert "Al" Real, a distinguished Baldwin Park resident and an active member in the community. Mayor Pro Tem Garcia requested that the meeting be closed in memory of Pauline Morimoto, a neighbor and friend who will be greatly missed. Councilmember Pacheco passed on his condolences and prayers to the family and friends of Theresa Sanchez, who recently succumbed to her battle with cancer. Councilmember Pacheco also extended congratulations to Ken Woods for his appointment as Director with the Valley County Water District. Councilmember Marlen Garcia and Mayor Pro Tem Monica Garcia congratulated Mr. Woods on his appointment to the Valley County Water District and extended appreciation for his representing the community. City Council Regular Meeting Minutes 2/20/13 PROCLAMATIONS COMMENDATIONS & PRESENTATIONS Recognition of outgoing Recreation & Community Services Student Commissioner, Destiney Singleton. Mayor Lozano presented a Plaque to recognize the services of Destiney Singleton on the City's Recreation & Community Services Student Commissioner and her dedication during her service on the Commission. PUBLIC COMMUNICATIONS Mayor Lozano announced Public Communications as open at 7:19 p.m. and announced that speakers are allowed three (3) minutes for each speaker. Susan Bayes, representing Senator Ed Hernandez, provided a brief summary of upcoming events being hosted by the Senator; invited the community to attend. Juan Mi fuel Cruz, Baldwin Park resident, spoke of a problem with speeding vehicles in his neighborhood and pointed specifically to a motorcycle accident occurring on Father's Day directly in front of his home; requested that some kind of mitigating steps be taken, suggesting speed bumps or other roadway deterrent. Juan Rice, Baldwin Park resident, inquired about the financial comparison between the annual costs for law enforcement services provided by Baldwin Park Police Department versus the Los Angeles County Sheriff's Department; expressed concern for the City's current financial health and noted that the current police services are very effective. Terri Muse, representing Waste Management, Inc., informed Council and the community of a new program between jointly hosted between the Baldwin Park Teen Center and Baldwin Park Unified School District; explained how several students from local high schools are participating in recycling advocates program and the benefits for both the community and the participating students. Art Luna, Baldwin Park resident, voiced concern regarding priority property lines; stated the Department of Transportation trucks are speeding down Ledford on the way to construction sites; opined that the City's street sweeper is not doing an effective job and is frequently speeding; expressed objection to medical benefits being paid for City employees upon retirement; opined that there is a lack of response to issues being brought before Council. g1p_q Tuttle, Baldwin Park business owner, questioned various expenditures found on the Warrants and Demands report; commented on a lack of response when submitting public records requests; opined that those who have are subject to a lawsuit should be paying for their own defense, not the City. There being no additional speakers, Mayor Lozano closed public communications at 7:36 p.m. Mayor Lozano addressed some of the concerns expressed during Public Communications and directed Public Works Director Dan Wall to meet with the citizen regarding speeding vehicles in his neighborhood to determine whether the issue can be resolved. Page 2 of 8 City Council Regular Meeting Minutes 2/20/13 Discussion ensued with regard to the disclosure of information and projected costs for law enforcement services; note was made that the City is still awaiting the information and that hit will be published as soon as it is received. Councilmember Marlen Garcia commented on a recent award presented by the California Department of Parks and Recreation to the City's Parks and Community Services Department; noted that they were recognized with an Award of Excellence, in particular for the Senior Citizens Programs. Mayor Lozano, in response to a comment made by Mr. Art Luna, stated that the Councilmembers do not receive the same health benefits as those of regular full time employees. Councilmember Rubio expressed appreciation to all departments, noting that each and every department does a fine job. CONSENT CALENDAR Councilmember Pacheco requested that Item Nos. 2 and 3 be taken separately for discussion. Councilmember Rubio stated that she did not want to pull Item No. 4 but requested that City Manager Singhal provide additional information on the item. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands. Motion was made by Mayor Lozano, seconded by Pacheco, carried (5-0) to ratify the attached Warrants and Demands. AYES: Garcia, Mayor Pro Tem Garcia, Mayor Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 2. SECOND READING AND ADOPTION OF ORDINANCE NO. 1357: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 53.11 OF THE BALDWIN PARK MUNICIPAL CODE PERTAINING TO CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT DIVERSION DEPOSITS." It is recommended the City Council conduct a second reading by title only and adopt ORDINANCE NO. 1357, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 53.11 OF THE BALDWIN PARK MUNICIPAL CODE PERTAINING TO CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT DIVERSION DEPOSITS". Councilmember Pacheco inquired about the fee structure with regard to disposal of debris from the project, depending on whether materials are recycled or material is sent as refuse. Councilmember Pacheco suggested that the fees be reduced for residents in order to make the financial impact lessened on smaller resident projects. Director of Public Works, Dan Wall, stated that an amendment can be made to the Ordinance. Page 3 of 8 City Council Regular Meeting Minutes 0 4. 2/20/13 Discussions ensued and the exemption threshold, based on the project value, was discussed along with amending the fee base to coincide with that value. There was consensus with Council that the proposed changes made sense and staff should revise the ordinance to be brought back at a future meeting. Motion was made by Pacheco, seconded by Mayor Lozano, carried (5-0) to approve the amendment of Ordinance No. 1357, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 53.11 OF THE BALDWIN PARK MUNICIPAL CODE PERTAINING TO CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT DIVERSION DEPOSITS," and return with the amended Ordinance for Council consideration at a later date. AYES: Garcia, Mayor Pro Tem Garcia, Mayor Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. CITY OF BALDWIN PARK'S COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2012 It is recommended that the City Council receive and file the City of Baldwin Park's Comprehensive Annual Financial Report for the fiscal year ended June 30, 2012. Councilmember Pacheco requested that this item be moved to the next Regular meeting to allow time for additional review; Councilmember Rubio also commended on the item, noting that the report was not provided with the staff report, therefor reducing the time available for Council to review the report. Motion was made by Pacheco, seconded by Rubio, carried (5-0) to bring the City of Baldwin Park's Comprehensive Annual Financial Report for the fiscal year ended June 30, 2012, back for consideration at the next Regular City Council Meeting AYES: Garcia, Mayor Pro Tem Garcia, Mayor Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. RESOLUTION NO. 2013-003 AND RESOLUTION SA 2013-001 IN REGARDS TO A LOAN FROM THE CITY OF BALDWIN PARK TO THE SUCCESSOR AGENCY FOR THE PAYMENT OF A PORTION OF THE FISCAL YEAR 2013-2014 ENFORCEABLE OBLIGATIONS It is recommended the City Council and the Successor Agency Governing Body adopt the following Resolutions entitled: 1) Resolution No. 2013-003: "A RESOLUTION OF THE CITY OF BALDWIN PARK PROVIDING A LOAN TO THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION TO PAY A PORTION OF THE FISCAL YEAR 2013- 2014 ENFORCEABLE OBLIGATIONS", and; Page 4 of 8 City Council Regular Meeting Minutes 2/20/13 2) Resolution No. SA 2013-001: "A RESOLUTION OF THE BALDWIN PARK SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION ACCEPTING A LOAN FROM THE CITY OF BALDWIN PARK TO PAY A PORTION OF THE FISCAL YEAR 2013-2014 ENFORCEABLE OBLIGATIONS". Councilmember Rubio sought clarification from City Manager Singhal as to what the nature of these resolution are for and how the effect the City's financial obligations. City Manager Singhal explained that these resolutions create a loan mechanism between the City and the Successor Agency (SA) which will allow, in the future, for the City to recover funds spent by the SA, should the SA be afforded funding to make such restitution. Motion was made by Mayor Lozano, seconded by Rubio, carried (5-0) to approve Resolution No. 2013-003, "A RESOLUTION OF THE CITY OF BALDWIN PARK PROVIDING A LOAN TO THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION TO PAY A PORTION OF THE FISCAL YEAR 2013- 2014 ENFORCEABLE OBLIGATIONS," and Resolution No. SA 2013-001, "A RESOLUTION OF THE BALDWIN PARK SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION ACCEPTING A LOAN FROM THE CITY OF BALDWIN PARK TO PAY A PORTION OF THE FISCAL YEAR 2013-2014 ENFORCEABLE OBLIGATIONS." AYES: Garcia, Mayor Pro Tem Garcia, Mayor Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 5. TREASURER'S REPORT: DECEMBER 2012 Staff recommends that the City Council receive and file the December 2012 Treasurer's Report. Motion was made by Mayor Lozano, seconded by Pacheco, carried (5-0) to receive and file the December 2012 Treasurer's Report. AYES: Garcia, Mayor Pro Tem Garcia, Mayor Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 1. APPROVAL OF THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 13- 14A) FOR THE PERIOD FROM JULY 1, 2013 THROUGH DECEMBER 31, 2013 AND ADMINSTRATIVE BUDGET FOR FY 2013-14 BY THE CITY COUNCIL AS GOVERNING BODY OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION Staff recommends the City Council, as governing body of the Successor Agency: Page 5 of 8 City Council Regular Meeting Minutes 2/20/13 1) Adopt a Recognized Obligation Payment Schedule (ROPS) 13-14A for the period of July 1, 2013 through December 31, 2013; and 2) Adopt the Successor Agency Administrative Budget for Fiscal Year 2013-14; and 3) Direct staff to proceed with submitting the draft ROPS 13-14A for approval to the Oversight Board; 4) Send the approved ROPS to the County Administrative Officer, County Auditor Controller, the State Controller and Department of Finance; and 5) Instruct staff to post the approved ROPS 13-14A on the City's website. Motion was made by Mayor Lozano, seconded by Garcia, carried (5-0) to adopt a Recognized Obligation Payment Schedule (ROPS) 13-14A for the period of July 1, 2013 through December 31, 2013; adopt the Successor Agency Administrative Budget for Fiscal Year 2013-14; direct staff to proceed with submitting the draft ROPS 13-14A for approval to the Oversight Board; send the approved ROPS to the County Administrative Officer, County Auditor Controller, the State Controller and Department of Finance; and instruct staff to post the approved ROPS 13-14A on the City's website AYES: Garcia, Mayor Pro Tem Garcia, Mayor Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 2, RESOLUTION NO. 2013-003 AND RESOLUTION SA 2013-001 IN REGARDS TO A LOAN FROM THE CITY OF BALDWIN PARK TO THE SUCCESSOR AGENCY FOR THE PAYMENT OF A PORTION OF THE FISCAL YEAR 2013-2014 ENFORCEABLE OBLIGATIONS It is recommended the City Council and the Successor Agency Governing Body adopt the following Resolutions entitled: 1) Resolution No. 2013-003: "A RESOLUTION OF THE CITY OF BALDWIN PARK PROVIDING A LOAN TO THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION TO PAY A PORTION OF THE FISCAL YEAR 2013- 2014 ENFORCEABLE OBLIGATIONS", and; 2) Resolution No. SA 2013-001: "A RESOLUTION OF THE BALDWIN PARK SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION ACCEPTING A LOAN FROM THE CITY OF BALDWIN PARK TO PAY A PORTION OF THE FISCAL YEAR 2013-2014 ENFORCEABLE OBLIGATIONS". Please reference item #4 on City Council. Motion was made by Mayor Lozano, seconded by Garcia, carried (5-0) to approve Resolution No. 2013-003, "A RESOLUTION OF THE CITY OF BALDWIN PARK PROVIDING A LOAN TO THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION TO PAY A PORTION OF THE FISCAL YEAR 2013- 2014 ENFORCEABLE OBLIGATIONS," and Resolution No. SA 2013-001, "A Page 6 of 8 City Council Regular Meeting Minutes 2/20/13 RESOLUTION OF THE BALDWIN PARK SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION ACCEPTING A LOAN FROM THE CITY OF BALDWIN PARK TO PAY A PORTION OF THE FISCAL YEAR 2013-2014 ENFORCEABLE OBLIGATIONS." AYES: Garcia, Mayor Pro Tem Garcia, Mayor Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL / CITY CLERK t CITY'TREASUR'ER /STAFF REUiESTS& COMMUNICATIONS Request by Councilmember Ricardo Pacheco for discussion & direction to staff on the following:. Consideration and implementation to administer a Foreclosed Property Registration Program. Councilmember Pacheco stated that he had discussions with a local company that administers a program that oversees the registration of property and helps to enforce the actions of property owners to either clean up blighted property or pay fines. Councilmember Pacheco requested that staff work with the consultant to development a program and work in cooperation to implement the program. Request by Councilmember Marlen Garcia for discussion and direction to staff on the following: Send letter of support from Council to Congress demanding that they reauthorize VAWA (Violence Against Women Act) and support the protection of LGBT Americans and new immigrants. Councilmember Marlen Garcia stated that she was in receipt of an email from Senator Feinstein in which she noted the passing of the Violence Against Woman Act; noted that the Act has been revised to include various protected classes; requested that a letter be sent to Congress expressing the City's support for the Violence Against Woman Act and support for the protection of LGBT Americans and new immigrants. Councilmember Rubio sought support from Council to reach out to Assemblymember Hernandez' office, accepting the offer to host a workshop to educate the community on the new Health Care Act. Request by Mayor Manuel Lozano for discussion on the following: 2013 State of the City Address program. Councilmember discussed the agenda and assignment of various duties involving Council throughout the event. Councilmember Rubio reiterated, to insure the community is aware, that the State of the City Address will be held on March 1, 2013. ADJOURNMENT Page 7 of 8 City Council Regular Meeting Minutes A motion was made by Lozano, seconded by Pacheco, and carried (5-0) to adjourn the meeting at 8:14 p.m. Mayor ATTEST: City Clerk APPROVED: 2/20/13 Page 8 of 8 ITEM NO. 3 C' MINUTES BALDWIN PARK CITY COUNCIL SPECIAL MEETING MARCH 6,2013,6:00 P.M. CITY HALL — 3rd Floor Conference Room 307 14403 East Pacific Avenue, Baldwin Park, CA 91706. CALL TO ORDER The meeting was called to order at 6:10 p.m. ROLL CALL: Council Member Marlen Garcia Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano None, 1. REVIEW REVENUES AND EXPLORE WAYS TO IMPROVE THE ECONOMIC VITALITY OF THE CITY I is 1. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, C. E. O. and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and the Baldwin Park Police Officer's Association; Un -represented employees; and part-time employees. 2. PUBLIC APPOINTMENT (GC §54957) Finance Director 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (GC §54956.9(d)(1) Case Name: BPPA v. Baldwin Park, et al, Case No. CV13-01534 Case Name: Adams v. Baldwin Park, et al, Case No. CV12-00512 Case Name: BPPA v. Baldwin Park, et al, Case No. BS140802 REPORT FROM CLOSED SESSION No action was taken on items discussed in Closed Session, ADJOURNMENT The Special Meeting was adjourned at 7:00 p.m. ATTEST: City Clerk Mayor MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING MARCH 6,2013,7:00 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 by Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL Council Member Marlen Garcia Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano ANNOUNCEMENTS None. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS Recognition to Sierra Vista High School Wrestling Team for a Great Season Mayor Lozano presented a Certificates of Recognition to the Sierra Vista High School Wrestling Team for its 9th year as the Undefeated League Champion, and recognized individual students for their achievements. PUBLIC COMMUNICATIONS Mayor Lozano announced Public Communications as open at 7:24 p.m. and announced that speakers are allowed three (3) minutes for each speaker. Elia Gardenez, representing the Los Angeles County Children and Family Services Department, and supervisor of Social Workers working with Baldwin Park Police Department, spoke in support of keeping the Police Department intact. Jason Adams, President of Baldwin Park Police Officers Association (POA), read a brief statement in support of keeping the Police Department intact and deterring any decision to outsource law enforcement services to the Los Angeles County Sheriff's Department. City Council Regular Meeting Minutes 3/6/13 Ben Lowry, President of EI Monte Police Officers Association, spoke in support of the Baldwin Park Police Officers Association and Baldwin Park Police Department; stated that he is a former L.A County Sheriff and can speak to the concerns of the community with regard to the Sheriff's Department and how the County Sheriffs view service in a particular community; suggested that the City resort to being unincorporated if the City wishes to relinquish its responsibilities. Art Luna, Baldwin Park resident, stated that Council works for the citizens of the community and opined that City policies are not working to the benefit of the community; stated that the citizens have a right to vote whether they want the Police Department or the Sheriff's Department to provide law enforcement services. Mike Durant, Vice President of the Peace Officers Research Association of California, spoke in support of The Baldwin Park Police Department and Police Officers Association; opined that changes will be made if the City contracts with the County Sheriff's Department and it will most likely include moving existing officers to work at the jail and not in the field, and that officers brought in to serve the community will be unfamiliar to the citizens and the City will have very little control over how law enforcement services are executed. Marshall McClain, Los Angeles Airport Peace Officers Association, stated that, if the City chooses to move forward with the change, there is no going back — the City will not be able to take back control of the community law enforcement from the County, pointing to how many agencies have lost control over their law enforcement despite repeated attempts to take it back. Steve Bracket, noted that he graduated from the Los Angeles County Sheriff's Academy but chose to work for a municipality, now having put in more than 30 years; echoed the sentiments of Mr. McClain and Mr. Durant, opining that the City will lose control of its law enforcement forever if they choose to contract with the County Sheriff's Department. garden, President of the Anaheim Police Association, echoed the comments of Mr. Durant, Mr. McClain and Mr. Bracket; compared the relationship between the police department and the community with a relationship between parents and children, noting that there must be commitment and integrity in the parents relationship and that it is the parents duty to insure protection for the children. Brian Perez, Baldwin Park resident, expressed support for the Baldwin Park Police Department, noting that he will be a father soon and feels that the City's police department has and always will be there to protect him and his new family. Sheba Holmes, Baldwin Park resident, acted as a spokesperson for the community in expressing the strong desire to keep the Baldwin Park Police Department intact; pointed out that her family has been in Baldwin Park for generations and the connection between the police officers dedicated to the community is so much stronger than most realize; asked that the decision be put to a vote of the people so that the community will have the opportunity to embrace whatever changes occur. Steve Turner, San Bernardino Police Officers Association, voices solidarity with the Baldwin Park Police Officers Association; pointed out that the community has made it clear by its actions that they do not want the County Sheriff's Department to take over. Christopher Williams, EI Monte Police Officers Association, expressed support and solidarity with the Baldwin Park Police Officers Association and the community; pointed out that giving up Page 2 of 10 City Council Regular Meeting Minutes 3/6/13 local control will only result in a suffering of response and service to the citizens of Baldwin Park; encouraged Council to consider the investment made in the people of the police department and the return they have received. Arra Lindsey, Police Dispatcher for Baldwin Park, identified herself as the wife of a Los Angeles County Deputy, and inferred that the personal attention and care that is provided by the Baldwin Park Police Department will not be provided by the County Sheriff's Department; referred to her long commute for the sake of working for Baldwin Park Police Department as opposed to the County Sheriff's Department. Chris Duberry, Vice President of Baldwin Park Police Officers Association, commented on the Special Meeting held earlier in the evening, noting that discussions regarding the revenue stream came up but the conversation was soon set aside due to the absence of two Councilmembers; opined that the lack of attendance by councilmembers implies that perhaps the fiscal crisis is not as bad as is being represented. Joshua Hendricks, Police Officer, Baldwin Park Police Department, commented on statements made by Councilmembers at previous Council Meetings and noted that the budgetary numbers published in the various reports available on the City's web site are inconsistent with the Councilmembers comments and are inconsistent collectively; pointed to budget information that was previously published in the Baldwin Park NOW, showing discrepancies between the various reports in excess of 2 — 4 Million dollars; requested that transparency be upheld and the actual budget number be provided to the public. Orq Tuttle, Baldwin Park business owner, opined that money is being hidden by executive management and council; blamed the allegations on retaliation practices; pointed out that lawsuits have been filed; opined that it is easily demonstrated where money is going, referring to benefits being paid inappropriately. Un dentified speaker, Baldwin Park resident, expressed praise for the response time of police officers working for the Baldwin Park Police Department; stated that he is proud to be a citizen of Baldwin Park; noted that communication is key and thanked those who were responsive to his inquiries, and disdain for those not being responsive to communication and community needs. Juan Rios, Baldwin Park resident, stated that one of the biggest problems he sees is the discord and defiance being demonstrated between various Councilmembers; commented on a fire that occurred earlier in the day and commended first responders on their quick response; voice support for the Baldwin Park Police Department and asked that the decision be put to a vote and let the citizens of the community decide. Unidentif d—,s eaker, Baldwin Park resident, commended the Baldwin Park Police Department and echoed the sentiments of putting the decision to a vote of the citizens. Unident fied s Baker, Baldwin Park resident, expressed disappointment that Councilmembers seem to be bored; expressed support for retaining the Baldwin Park Police Department; opined that Council's failure to respond to the wishes of the people could result the same way it did in the City of Bell, where the entire Council was removed. Page 3 of 10 City Council Regular Meeting Minutes 3/6/13 Unidentified s eaker, Baldwin Park resident, commented on some of the programs that have been supported by the Baldwin Park Police Department, pointing out that Police Officers take pride in the community and investing time in helping children in the community. Mi Duel , Baldwin Park resident, suggested that people look for examples of what is a good city; noted that his sons participated in programs that were supported by the Baldwin Park Police Department and acted a role models; commented on the Police Chief's failure to voice any opinion of support for the department; asked that Council take into consideration the wishes of the community. Unidentified pgaker, Baldwin Park resident, commented on how intertwined the community and the members of the Police Department really are; recited a story from when he was a teen and how he recalls the familiar relationship with local police officers; related how the relationship with local police officers and citizens truly create a sense of community; asked that Council keep the Police Department here. Rizio Radoltas, Baldwin Park resident, noted that he has been an Explorer in Baldwin Park for over three years; stated that he is a volunteer who works closely with police officers from Baldwin Park Police Department and expressed his appreciation for the police officers of the community; expressed support and asked that Council keep Baldwin Park Police Department here. Silvia Rosso, Baldwin Park resident, expressed fear for the safety of her family if Baldwin Park Police Department is dissolved and Los Angeles County Sheriff's Department is brought in for law enforcement; pointed to the reduction in gang activity because gang members fear and respect officers of the Baldwin Park Police Department. Elisio Pacheco, Baldwin Park resident, pointed to the strong opposition by the community to replacing the Baldwin Park Police with L.A. County Sheriffs; opined that the decision appears to have already been made and that it demonstrates a dictatorship mindset; further opined that Councilmembers are serving their own interest; asserted that the decision should be put to a vote of the people. Daniel Alvarez, Baldwin Park resident, recalled campaigning of councilmembers and their promise to act on behalf of the people; pointed to the fact that the community has made it clear that they do not want the County Sheriff's brought in for law enforcement; stated that he has reviewed the budgetary information and has not seen any significant evident that contracting with the Sheriff's Department will result in any cost savings; requested that Council look for other ways to cut spending and put the decision to a vote of the people. Jim Dexter, Baldwin Park resident, spoke of his disappointment with the actions of Council; recounted experiences from when he was growing up in Baldwin Park and how police officers were always there to protect him; despite his being an office of the County Sheriff, he voice his personal support for Baldwin Park Police Department. Lora Lee bazar, Baldwin Park resident, spoke of her son who, as a child, expressed the desire to be a Baldwin Park Police Officer; noted that her son, at age 15, became an Explorer and continues to have his sights set on being a police officer in Baldwin Park; expressed her own personal concern for the safety of herself and her family; asked that Council keep the police department intact. Page 4 of 10 City Council Regular Meeting Minutes 3/6/13 There being no additional speakers, Mayor Lozano closed public communications at 8:37 p.m. Councilmember Pacheco stated that he has not and does not support the move to contracting with the County Sheriff's Department; stated that he intends to look at things objectively and to take the many of the aspects of contracting into consideration, particularly with regard to surrendering local control; noted that there are several sources that help to fund the police department, including grants and asset forfeiture funds, and his first priority is to keep the department intact. Councilmember Rubio voiced appreciation to the community members and officers that were in attendance and expressing their support; stated that she is and has been very vocal in her support for keeping the Police Department intact and finding alternatives to contracting out the law enforcement services. Councilmember Marlen Garcia asked that during public communications, people maintain respect when speaking to Council; stated that Council has always been supportive of the Police Department; stated that the Sheriff's Department has promised that current Baldwin Park officers will be absorbed with the successful completion of a polygraph and physical; pointed to obligations made to the POA previously approved as being the cause of current financial shortfalls. Councilmember Monica Garcia expressed her appreciation of the police department and community equally; stated that she had previously been very much against outsourcing; narrated a prepared statement; provided some background on financial aspects of decision making and the impact on her current position; thanked the community for its support but also noted that it is a tough decision to make but one that has to be addressed. Councilmember Pacheco spoke in rebuttal to Councilmember Garcia's statement with regard to the financial impact implied; expressed an alternate perspective on how funding is being calculated; pointed out that there are several non -police specific contracts that are being bundled into the projected budget; also noted that the budget is projected at a fully staffed level which is rarely achieved; pointed out that there will be annual increases tied in to a contract with the County Sheriff's Department. Councilmember Rubio pointed to a recent presentation made by the Sheriff's Department in which they outlined services that would be provided, but when asked, it was confirmed that those same services are being provided now, the answer was affirmative: it was also pointed out that there would be an estimated increase of 3.5 — 5.0% annually and that control of increases is left in the hands of the Board of Supervisors. Councilmember Marlen Garcia referred to a comparison that was provided by the Sheriff's Department at the presentation; acknowledged the fact that costs will increase over time; opined that the costs are going to be felt for years to come because young officers will eventually retire with a significant pension promised. Mayor Lozano stated that every member of Council is supportive of keeping the Baldwin Park Police Department; noted that there may be differences of opinion but that the important point is whether the City can continue to sustain the financial obligations each year; stated that he will not officially take a position on this until Phase II has been completed and real facts can be examined. Page 5 of 10 City Council Regular Meeting Minutes 3/6/13 Councilmember Pacheco asked that Item No. 9 be held for further discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands, Motion was made by Lozano, seconded by Garcia, carried (5-0) to ratify the attached Warrants and Demands. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 2. CLAIM REJECTIONS Staff recommends City Council reject the claim of Jose Rodriguez and direct staff to send the appropriate notice of rejection to claimant. Motion was made by Lozano, seconded by Garcia, carried (5-0) to reject the claim of Jose Rodriguez and direct staff to send the appropriate notice of rejection to claimant. AYES: Garcia, Mayor Pro Tem Garcia, Mayor Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. CONSULTANT SERVICES AGREEMENT: SUSTAINABLE COMMUNITIES GRANT - GRANT MANAGEMENT AND ADMINISTRATIVE SERVICES Staff recommends that the City Council approve the Consultant Services Agreement with Evan Brooks Associates to do grant management and administration for the Sustainable Communities Grand and appropriate $31,250.00 to Account 235.40.440.51100.00000.2 (Consultant Services) for fiscal year 2012-2013 and $93,750.00 for fiscal year 2013-2014, consistent with the overall project timeline. Motion was made by Lozano, seconded by Garcia, carried (5-0) to approve the Consultant Services Agreement with Evan Brooks Associates to do grant management and administration for the Sustainable Communities Grand and appropriate $31,250.00 to Account 235.40.440.51100.00000.2 (Consultant Services) for fiscal year 2012-2013 and $93,750.00 for fiscal year 2013-2014, consistent with the overall project timeline. AYES: Garcia, Garcia, NOES: None. ABSENT: None. ABSTAIN: None. Lozano, Pacheco, Rubio Page 6 of 10 City Council Regular Meeting Minutes 3/6/13 4. REQUEST RESOLUTION AUTHORIZING REWARD PAYMENT TO WITNESS ON CONVICTION OF VANDALISM SUSPECT Staff recommends: 1) the City Council adopt Resolution No. 2013-005 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE PAYMENT OF A REWARD FOR INFORMATION WHICH LED TO THE ARREST AND CONVICTION OF INDIVIDUALS INVOLVED IN THE VANDALISM OF CITY PROPERTY." 2) Direct the Chief Executive Officer, or his designee, to process payment of the reward to Mr. Victor Manuel Salaiza. 3) Direct the City Attorney to pursue collection from the convicted juvenile's parents of the amount awarded to Mr. Salaiza and authorize staff to pursue collection through small claims court, if necessary. Motion was made by Lozano, seconded by Garcia, carried (5-0) to approve staff's recommendation as presented. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 5. AUTHORIZE CONTRACT CHANGE ORDERS TOTALING $101,024 FOR THE CITY OF BALDWIN PARK TRANSIT CENTER PROJECT Staff recommends that the City Council approve contract change orders with PLC Construction Services Inc. at a cost of $101,024. Motion was made by Lozano, seconded by Garcia, carried (5-0) to approve staff's recommendation as presented. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. AUTHORIZE AMENDMENT OF THE TRANSIT CENTER CONSTRUCTION MANAGEMENT CONTRACT Staff recommends that the City Council authorize a contract amendment increasing Del Terra's construction management contract by $30,000. Motion was made by Lozano, seconded by Garcia, carried (5-0) to approve staff's recommendation as presented. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 7 of 10 City Council Regular Meeting Minutes 7. AMEND CONSULTANT AGREEMENT FOR IMPROVEMENTS FOR MAINE AND PACIFIC AND CONSTRUCTION BIDS Staff recommends that the City Council: 3/6/13 THE DESIGN OF TRAFFIC AUTHORIZATION TO SOLICIT 1) Authorize the Chief Executive Officer to execute an amendment to the consultant agreement with EBA, for the preparation of plans and specifications for traffic improvements to Maine and Pacific, and for the preparation of E-76 documents packages for Federal approval, for a total amount not to exceed $49,800; and 2) Authorize the Director of Public Works to advertise the completed plans for construction bids. Motion was made by Lozano, seconded by Garcia, carried (5-0) to approve staff's recommendation as presented. AYES: Garcia, Garcia, NOES: None. ABSENT: None. ABSTAIN: None. Lozano, Pacheco, Rubio 8.. RATIFY AGREEMENT FOR ATTORNEY SERVICES It is recommended that the City Council ratify the attached attorney representation agreement and add the firm of Atkinson, Andelson, Loya, Ruud & Romo to the City's panel of legal firms. Motion was made by Lozano, seconded by Garcia, carried (5-0) to approve staff's recommendation as presented. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 9. CITY OF BALDWIN PARK'S COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2012 It is recommended that the City Council receive and file the City of Baldwin Park's Comprehensive Annual Financial Report for the fiscal year ended June 30, 2012. Councilmember Pacheco stated that he had read the report and was not in concurrence with its contents. Councilmember Rubio also stated that she does not support receiving the Report as she believes it to be inaccurate. Motion was made by Pacheco, seconded by Rubio, to reject the report as presented. Councilmember Marlen Garcia voiced objection, therefor a roll call vote was conducted by the City Treasurer, Maria Contreras. Page 8 of 10 City Council Regular Meeting Minutes 3/6/13 Motion was made by Pacheco, seconded by Rubio, to receive and file the City of Baldwin Park's Comprehensive Annual Financial Report for the fiscal year ended June 30, 2012, was carried by a vote of 3-2. AYES: Garcia, Garcia, Lozano NOES: Pacheco, Rubio ABSENT: None. ABSTAIN: None. SETT MATTERS - PUBLIC HEARINGS 10. PUBLIC HEARING REGARDING THE FISCAL YEAR 2013-2014 ANNUAL ACTION PLAN AND CITIZEN PARTICIPATION PLAN Staff recommends that the City Council conduct the public hearing and following the public hearing approve the allocations for the FY 2012-2013 CDBG public service programs by selecting one of the following options: Option 1 - Approve the Joint Commission's recommendations for funding; or Option 2 - Revise allocations as the City Council deems appropriate. Mayor Lozano opened the Public Hearing at 9:24 p.m. and invited those wishing to speak in favor of the item. Seeing no one wishing to speak in favor, the Mayor invited those wishing to speak against the item to come forward. Seeing no one wishing to speak, Mayor Lozano closed the Public Hearing at 9:25 p.m. Dr. Flores provided an overview of how CDBG funds that are provided to the community are used and thanked Council for their favorable decision. Housing Manager Susie Ruelas asked that Council note a 3% reduction across the board due to a reduction in available CDBG funds. Motion was made by Lozano, seconded by Rubio, carried (5-0) to approve Option 1 as presented by staff. AYES: Garcia, Garcia, NOES: None. ABSENT: None. ABSTAIN: None. Lozano, Pacheco, Rubio 11. INTRODUCTION OF ORDINANCE 1357: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 53.11 OF THE BALDWIN PARK MUNICIPAL CODE PERTAINING TO CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT, DIVERSION DEPOSITS." It is recommended the City Council introduce the attached ordinance by reading its title only and waive further reading. Motion was made by Pacheco, seconded by Lozano, carried (5-0) to approve Option 1 Page 9 of 10 City Council Regular Meeting Minutes 3/6/13 as presented by staff. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL / CITY CLERK 1 CITY TREASURER, / STAFF" REQUESTS & COMMUNICATIONS Request by Mayor Manuel Lozano for discussion & direction to staff on the following: Process necessary code amendments to allow conversion of an Alan Co. static sign to a digital sign. Councilmember Rubio asked that the item be brought back at a future meeting to allow time to further explore the impact of approving an amendment that would affect all future decisions on digital signage. Motion was made by Pacheco, seconded by Lozano, to direct staff to proceed with preparing a code amendment to allow conversion of an Alan Co. static sign to a digital sign and bring the amendment back for Council approval. Councilmember Rubio voiced objection, therefor a roll call vote was conducted by the City Treasurer, Maria Contreras. Motion was made by Pacheco, seconded by Lozano, carried (4-1) to direct staff to proceed with preparing a code amendment to allow conversion of an Alan Co. static sign to a digital sign and bring the amendment back for Council approval. AYES: Garcia, Garcia, Lozano, Pacheco NOES: Rubio ABSENT: None. ABSTAIN: None. City Clerk Avila expressed concern because of a recent accident at Puente Avenue and Pacific Avenue, noting that the crosswalk light is not providing enough time for students to cross the street. ADJOURNMENT A motion was made by Lozano, seconded by Garcia, and carried (5-0) to adjourn the meeting at 9:51 p.m. Mayor ATTEST: City Clerk APPROVED: Page 10 of 10 MINUTES BALDWIN PARK CITY COUNCIL SPECIAL MEETING MARCH 20, 2013, 6:00 P.M. CITY HALL — 3'd Floor Conference Room 307 14403 East Pacific Avenue, Baldwin Park, CA 91706. CALL TO ORDER The meeting was called to order at 6:10 p.m. ROLL CALL: Council Member Marlen Garcia Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano PUBLIC COMMUNICATIONS None. STUDY SESSION/OPEN SESSION None. RECESS TO CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Properties: 8554-001-900, 14403 E. Pacific Avenue; 8554-001-901, 14426 Ramona Blvd; 8554-001-904, N/A; 554-001-907, N/A; Commission Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: ROEM Development Corporation Under Negotiation: Price and terms of payment 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Property: 13940 Live Oak Avenue, Baldwin Park, CA 91706 Agency Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: Doug Corcoran, Waste Management Under Negotiation: Price and terms of payment 3. 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 the Baldwin Park Police Officer's Association; Un -represented employees; and part-time employees. 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC §54956.9 (d)(1) Case: Adams, et al v. City of Baldwin Park, et al, CV12-00512 and Case: BS 140802 BPPA v. City of Baldwin Park 5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9. City Council Special Meeting Minutes REPORT FROM CLOSED SESSION No action was taken on items discussed in Closed Session. ADJOURNMENT The Special Meeting was adjourned at 7:00 p.m. ITr1 �II4,45 City Clerk Mayor 3/20/13 Page 2 of 2 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING MARCH 20, 2013, 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 7:02 p.m. INVOCATION The invocation was provided by Pastor Jackson, PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL Council Member Marlen Garcia Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano ANNOUNCEMENTS Mayor Lozano asked that the meeting be closed in memory of Judy Child, M.D., who passed away recently; noted that she and her husband have been long time residents of Baldwin Park and once served Senior King and Queen. Mayor Lozano also asked that the meeting be closed in memory of his uncle, Jesse Rodriguez, who recently passed and he extended his deepest sympathy to his aunt. Councilmember Rubio requested the meeting be closed in memory of Mr. Miguel Morales, whose daughter, Olga Morales is a former Board Member of Baldwin Park Unified School District and a long-time Baldwin Park resident. Mayor Lozano acknowledged three young servicemen who lost their lives in the Iraq War and condolences were extended to all families. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS Certificate recognition to Winners of Adult Education Week Mayor Lozano presented Certificates of Recognition to the winners of the Adult Education Week Essay Contest. Proclamation proclaiming Adult Education Week Mayor Pro Tem Garcia presented the Proclamation recognizing March 11 — 15, 2013, as Adult Education Week. Presentation from MRP Mortgage Resolution Partners on Saving Homes, Saving Cities, Solving the Mortgage Crisis Locally Antonio Gonzalez narrated a PowerPoint presentation and provided an overview of a new program called CARES, which is focuses on finding a solution to the mortgage foreclosure crisis; spoke of how the program and other services provided by MRP may benefit citizens of the community; explained City Council Regular Meeting Minutes 3/20/13 how the mortgage crisis was really crated in that "bundles" of mortgages were sold as securities; responded to questions from Council. Discussion ensued and Councilmembers sought examples of how the program works and how funding is secured for acquiring the mortgages from the private security holder. Following several examples and more dialogue, Mayor Lozano asked that the item be brought back in a Study Session so that Council could obtain more in-depth information and be prepared to ask additional questions. PUBLIC COMMUNICATIONS UNICATIONS Mayor Lozano announced Public Communications as open at 7:57 p.m. and announced that speakers are allowed three (3) minutes for each speaker. Magda Torrellas, Housing Commissioner and Baldwin Park resident, asked whether trees could be planted along Maupin ,Avenue, between Los Angeles Street and Clark. Street, (referring to the median); expressed disappointment that the July 4th celebration is cancelled and hopes that some other form of expression of pride and appreciation will be made. Councilmember Rubio noted that there are some trees left over from the Arbor Day event and asked that they be used to plant in the area Ms. Torrellas is speaking of. hornas I rri, former Baldwin Park resident, opined that he had spoken of this same issue (the mortgage crash) five years ago; stated that many people lied and perjured themselves on loan documents and now such actions are causing suffering; voiced objection to "bailing out" those who have lost their houses because they signed onto a mortgage they couldn't afford. Juan Micas, Baldwin Park resident, commented on the budget projections being provided with regard to the police department; asked that Council provide true and accurate figures and reminded Council that these figures had been promised a month ago; also commented on Walnut Creek Park, noting that it is in disrepair and looks terrible. Art Luna, Baldwin Park resident, thanked Councilmember Pacheco for providing a contact number to address problems with construction in the area; commented on the Baldwin Park Bridge is unsightly; expressed support for keeping the police department and not contract with the County; opined that additional efforts should be made to encourage people to keep the community clean; objects to pedestrian gates on residential houses opening out where they block the sidewalk; asked that the City take on the responsibility of making sure that all areas of the City are taken care of and eliminate blight in the city. GreSuttle, Baldwin Park business owner, commented on lawsuits pending against the City; inquired about stipends being paid to members for attending Community Development Commission, Housing Authority and Finance Authority meetings, noting that prior to 2011, no stipends were paid; asked for clarification to justify the additional pay; opined that the Council should reconsider collecting stipends when the City is already faced with financial issues and is struggling to keep the Police Department. Terri Muse, representing Waste Management, Inc., provided an update and outlined some of the requirements for the State mandated recycling law which was recently passed; noted that several business owners and apartment residents attended a recent seminar hosted by Waste Management to educate the community on ways to make recycling easy and effective; named several apartment complexes and large businesses that demonstrated great enthusiasm for recycling and getting creative with ways to recycle. Alex, employee of the Grand Park Inn, noted that occupancy has been up recently and the translation to increased revenue should help with funding the Police Department; commented on the prompt response time of Baldwin Park Police Department versus the Sheriff's Department; expressed support for maintaining the Police Department. Page 2 of 6 City Council Regular Meeting Minutes 3/20/13 Seeing no others wishing to speak, Mayor Lozano closed Public Communications at 8:36 p.m. Councilmember Garcia responded to comments made by Mr. Luna regarding poorly maintained property around construction sites and in neighborhoods; suggested that the City implement an "adoption" program similar to the Adopt -A -Highway program. Councilmember Pacheco thanked Mr. Luna for his input and directed staff to reach out to CalTrans to arrange for representatives to attend Council meetings and to press contractors to clean up job sites; Also commented on the Injunction filed by the Police Officers Association, noting that there is an Ex Parte hearing; opined that the costs associated with maintaining the Police Department has been unnecessarily inflated; commented on the new pedestrian overpass from the parking garage to the Metro Link station. Mayor Pro Tem Garcia expressed appreciation for Mr. Luna's comments and input; invited citizens to bring forward areas in the City that need attention so that crews can be dispatched to take care of the issues; noted that the City wishes to contract with a company to remove graffiti but that certain liabilities exist but that staff will continue to work with CalTrans to take action; extended thanks to Waste Management, Inc., for their education outreach to citizens regarding recycling; stated that the numbers presented with regard to funding the Police Department is data that was provided to her by a Finance Director and invited others to introduce data from a credible source that proves the figures she has been representing as false; pointed to a study session in which one of the discussion items pertained to ways to bring in new revenue, noting that consideration of such issues needs to be accompanied by accurate and true numbers. Councilmember Pacheco disputed the comments, noting that he had presented charts and number that challenge the data being represented to the community; noted that there are several budget issues that are still not resolved. Councilmember Rubio disputed the comments of Mayor Pro Tem, stating that she was the one who requested the referenced study session, however both Mayor Pro Tem Garcia and Councilmember Garcia failed to attend; opined that, unless all Council members engage, very little will be accomplished. Lively dialog ensued amongst councilmember regarding the study session and the challenges of full discussion between members; the discussion concluded and Mayor Lozano moved the meeting along. CONSENT CALENDAR Mayor Lozano asked that Item No. 7 be pulled for further discussion. 1. CONSIDERATION OF APPOINTMENTS TO FILL STUDENT COMMISSION VACANCIES FOR THE RECREATION AND COMMUNITY SERVICES COMMISSION Staff recommends City Council review the student commission applications and school recommendation to: 1) Approve Resolution No. 2013 - 004; and 2) Appoint Commission Offices subject to satisfactory background checks through the Department of Justice. Motion was made by Lozano, seconded by Garcia, carried (5-0) to approve the appointments to the Recreation and Community Services Commission for a period of one year. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. Page 3 of 6 City Council Regular Meeting Minutes 3/20/13 ABSENT: None, ABSTAIN: None. 2, RESOLUTION 2013-006 INITIATING THE PROCEEDINGS AND ORDERING PREPARATION OF THE ENGINEER'S REPORT FOR THE PARKS MAINTENANCE ASSESSMENT DISTRICT FOR FY2013-2014 Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2013-006 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE 2013-14 LEVY OF ANNUAL ASSESSMENTS FOR THE CITY OF BALDWIN PARK PARKS MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE." Motion was made by Lozano, seconded by Garcia, carried (5-0) to adopt Resolution No. 2013-006 and approve staffs recommendation as presented. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. RESOLUTION 2013-007 INITIATING THE PROCEEDINGS AND ORDERING PREPARATION OF THE ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY2013-2014 Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2013-007 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CIT OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE INITIATION OF THE PROCEEDINGS AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE 2013-14 LEVY OF ANNUAL ASSESSMENTS FOR THE CITY OF BALDWIN PARK LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STATE OF CALIFORNIA STREETS AND HIGHWAYS CODE." Motion was made by Lozano, seconded by Garcia, carried (5-0) to adopt Resolution No. 2013-007 and approve staffs recommendation as presented. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. SECOND READING AND ADOPTION OF ORDINANCE NO. 1357: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MUNICIPAL CODE PERTAINING TO CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT DIVERSION DEPOSITS." It is recommended the City Council conduct a second reading by title only and adopt ORDINANCE NO. 1357, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 53.11 OF THE BALDWIN PARK MUNICIPAL CODE PERTAINING TO CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT DIVERSION DEPOSITS." Motion was made by Lozano, seconded by Garcia, carried (5-0) to adopt Ordinance No. 1357, entitled "An Ordinance of the City Council of the City of Baldwin Park Amending Section 53.11 of the Baldwin Park Municipal Code Pertaining to Construction and Demolition Materials Management Diversion Deposits." AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. Page 4 of 6 City Council Regular Meeting Minutes 3/20/13 ABSENT: None. ABSTAIN: None 5. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands. Motion was made by Lozano, seconded by Garcia, carried (5-0) to ratify the attached Warrants and Demands. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. TREASURER'S REPORT: JANUARY 2013 Staff recommends that the City Council receive and file the January 2013 Treasurer's Report. Motion was made by Lozano, seconded by Garcia, carried (5-0) to receive and file the January 2013 Treasurer's Report. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7,. RESALE OF THE NEIGHBORHOOD STABILIZATION PROGRAM LOCATED AT 4853 AZUSA CANYON ROAD Staff recommends the City Council to: 1) Approve the household selected and qualified to purchase NSP properties, and; 2) Authorize staff to process the purchase agreement as prepared by the City Attorney for the Neighborhood Stabilization Program (NSP) property located at 4853 Azusa Canyon Road. Mayor Lozano extended congratulations to Terri Diaz, a long-time employee with the Baldwin Park Unified School District and mother of two children, as a first time home buyer and the successful buyer of the property located at 4853 Azusa Canyon Road. Motion was made by Lozano, seconded by Pacheco, carried (5-0) to approve the household selected and qualified to purchase NSP properties, and; authorize staff to process the purchase agreement as prepared by the City Attorney for the Neighborhood Stabilization Program (NSP) property located at 4853 Azusa Canyon Road. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. COMMISSION 1. CONSIDERATION OF AUTHORIZATION FOR THE EXECUTIVE OFFICER TO EXEND THE EXCLUSIVE NEGOTIATION AGREEMENT (ENA) WITH ROEM DEVELOPMENT Page 5 of 6 City Council Regular Meeting Minutes 3/20/13 CORPORATION FOR A PROPOSED TRANSIT -ORIENTED MIXED-USE DEVELOPMENT PROJECT BETWEEN RAMONA BLVD AND THE BALDWIN PARK CIVIC CENTER. Staff is recommending the Successor Agency Board to authorize the Executive Director to approve an extension the current Exclusive Negotiation Agreement with ROEM Development for 180 days. City Manager Singhal provided a brief overview of the agreement, highlighting the intent and vision of the project; noted that it is designed to be affordable housing and will help revitalize the downtown area. Motion was made by Lozano, seconded by Garcia, to authorize the Executive Director to approve an extension the current Exclusive Negotiation Agreement with ROEM Development for 180 days. Councilmember Pacheco voiced objection and the Mayor directed the City Clerk to record the vote by Roll Call. Motion was made by Lozano, seconded by Garcia, and carried (4 —1 ) (Pacheco voted No) to authorize the Executive Director to approve an extension the current Exclusive Negotiation Agreement with ROEM Development for 180 days. AYES: Garcia, Garcia, Lozano, Rubio NOES: Pacheco ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS None. CI'T'Y COUNCIL I CITY CLERK J CITY TREASURER I STAFF REQUESTS & COMMUNICATIONS Request by Councilmember Ricardo Pacheco for discussion & direction to staff on the following: • Direct staff to prepare a letter of supports for AB 1359 (Hernandez) Community Health: Access to Park & Recreational Space and present to Council at the next meeting. Councilmember Pacheco directed staff to prepare the requested letter and bring it before Council at its next meeting. Councilmember Garcia reported on the Pride Platoon event which was recently held at City Hall; noted that many parents who brought their children were very supportive and interested in the success of their sons and daughters; also noted that she attended the Express Your Race cultural affair, stating that it was well attended and very enjoyable; inquired about the street sweeping schedule to address problems with vehicles parked along the street being cited. ADJOURNMENT A motion was made by Lozano, seconded by Pacheco, and carried (5-0) to adjourn the meeting at 9:21 p.m. Mayor ATTEST: City Clerk APPROVED: Page 6 of 6 ITEM NO. MINUTES BALDWIN PARK CITY COUNCIL SPECIAL MEETING APRIL 3, 201'3, 7:00 P.M. CITY HALL — 3 I Floor Conference Room 307 14403 East Pacific Avenue, Baldwin Park, CA 91706. CALL TO ORDER The meeting was called to order at 7:00 p.m ROLL CALL: Council Member Marlen Garcia Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano PUBLIC COMMUNICATIONS None. STUDY SESSION/OPEN SESSION None. RECESS TO CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Property: 13940 Live Oak Avenue, Baldwin Park, CA 91706 Agency Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: Doug Corcoran, Waste Management Under Negotiation: Price and terms of payment 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 the Baldwin Park Police Officer's Association; Un- represented employees; and part-time employees. 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC §54956.9 (d)(1) Adams et. al. v. City of Baldwin Park et. al., USDC Case No.: CV12-00512 GAF(AJWx) BPPOA v. City of Baldwin Park et al., USDC Case No: CV13-01534 DMG (VBKx) BPPOA v. City of Baldwin Park, LASC Case No: BS140802 4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9.. 5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR GC §54956.8 Properties: 8564 021 018 490 Cloverleaf Drive Commission Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: John Duong Under Negotiation: Price and terms of payment City Council Special Meeting Minutes REPORT FROM CLOSED SESSION It was reported that no action was taken on items discussed in Closed Session. ADJOURNMENT The Special Meeting was adjourned at 7:45 p.m, ATTEST: City Clerk Mayor 11/20/13 Page 2 of 2 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING APRIL 3, 2013, 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 Lozano at 7:10 p.m. INVOCATION The invocation was provided by Mayor Pro Tem Garcia. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Marlen Garcia Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano ANNOUNCEMENTS This is to announce, as required by Government Code section 54954.3, members of the City Council are also members of the Board of Directors of the Community Development Commission, Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $75 for attending the CDC meeting, $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. (NO STIPEND IS PAID IF MEETING IS CANCELLED) Councilmember Rubio sent condolences to the family of victims of a serious accident in Colorado where a 7 member family was killed. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS Recognition of outgoing Recreation & Community Services Commissioner, Leticia Lopez. • Mayor Lozano provided recognition to Ms. Lopes and presented a Certificate of Appreciation. Presentation of Award of Excellence from the California Parks and Recreation Society (CPRS) by Pilar Alcivar-McCoy for the Department of Recreation and Community Services Senior Prom in the category Aging Well. • Ms. Pilar Alcivar-McCoy, representing the California Parks and Recreation Society (CPRS), congratulated Manual Carrillo, Director of Parks and Community Services, for being recognized by CPRS for this prestigious award and presented Director Carrillo with a Plaque to commemorate the award. PUBLIC COMMUNICATIONS Prior to opening the Public Communications period, Councilmember Marlen Garcia asked that speakers are not permitted to make personal attacks on elected or appointed officials, and commented on statements made in the previous meeting directed at her specifically that were personally offending and will not be tolerated in the future. Mayor Lozano opened Public Communications at 7:29 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Ken Woods, Baldwin Park resident, noted that, at a previous meeting, comments were made about the "Adopt -A -Highway" Program; stated that he took the comments seriously and has decided that his business will be applying for the Adopt -a -Highway Program to adopt a portion of the railroad right-of-way adjacent to his property; noted that he intends to take before and after pictures to chronicle his efforts. Mar arita ear as, Baldwin Park resident, inquired about how long the construction will continue along Pacific Avenue/IMaine Street because traffic control is becoming an issue; noted that she was fearful when crossing the street at Ramona and Maine. Terri Muse, Waste Management, Inc., announced that one of the company's truck drivers, Ruben L. Contara, has won the Environmental Industry Association Driver of the Year Award; noted that he is the first Waste Management employee to win the award; announced an Arbor Day event that will be hosted by Waste Management and described some of the services that will be provided to attendees at not charge. Seeing no others wishing to speak, Public Communications closed at 7:34 p.m. CONSENT CALENDAR Councilmember Rubio asked that Item No. 3 be pulled for further discussion. 1. HOUSING ELEMENT CONTRACT ASSIGNMENT Staff recommends the City Council approve the assignment of the contract to Moore Lacofano Goltzman, Inc. (MIG) to finalize the update to the City's Housing Element for the 2013-2021 Planning Period. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to approve the assignment of the contract to Moore Lacofano Goltzman, Inc. (MIG) to finalize the update to the City's Housing Element for the 2013-2021 Planning Period. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSTAIN: None. ABSENT: None. Page 2 of 6 2. NOTICE OF COMPLETION INSTALLATION OF A TRAFFIC SIGNALS AT THE BALDWIN PARK BOULEVARD/ STEWART AVENUE AND FRAZIER STREET/ FOSTER AVENUE INTERSECTIONS It is recommended that the City Council; a) Accept the construction improvements by PTM General Engineering Service, Inc. and authorize the recordation of a Notice of Completion; and b) Authorize the release of $29,395 in project retention to PTM General Engineering Service, Inc. upon expiration of the 35 -day lien period. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to accept the construction improvements by PTM General Engineering Service, Inc. and authorize the recordation of a Notice of Completion and authorize the release of $29,395 in project retention to PTM General Engineering Service, Inc. upon expiration of the 35 -day lien period. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSTAIN: None. ABSENT: None. 3. AUTHORIZE THE CHIEF EXECUTIVE OFFICER TO EXECUTE A CONSULTANT SERVICES AGREEMENT WITH THE LOCAL GOVERNMENT COMMISSION TO MANAGE THE SAFE ROUTES TO SCHOOL MASTER PLAN UPDATE FOR A FEE NOT TO EXCEED $235,000 Staff recommends that the City Council: a) Authorize the Chief Executive Officer to execute a Consultant Services Agreement with the Local Government Commission after a review by the City Attorney; and b) Authorize the CEO/Finance Director to appropriate $235,000 from Grant funds. Councilmember Rubio requested that this item be taken separately and began by asking for additional information, particularly regarding the Grant Funds and with regard to which public agency the City would be contracting with for this project. Public Works Director, Dan Wall, explained that all of the funding being provided is via a State Grant and there would be no impact on the General Fund. He further explained that the City would be working with the Local Government Commission (LGC) is the agency with which the City will be working in cooperation with CalTrans. A motion was made by Rubio, seconded by Lozano, and carried (5 — 0) to authorize the Chief Executive Officer to execute a Consultant Services Agreement with the Local Government Commission after a review by the City Attorney and authorize the CEO/Finance Director to appropriate $235,000 from Grant funds. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSTAIN: None. Page 3 of 6 ABSENT: None, 4. RESOLUTION 2013-008 AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO EXECUTE PROGRAM SUPPLEMENT NO. 015-N TO ADMINISTERING AGENCY - STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 07-5323R Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution No. 2013-008, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO ADMINISTER THE EXISTING MASTER AGREEMENT NO. 07-5323R AND TO EXECUTE THE PROGRAM SUPPLEMENT AGREEMENT NO. 015- N." A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to and adopt Resolution No. 2013-008, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO ADMINISTER THE EXISTING MASTER AGREEMENT NO. 07-5323R AND TO EXECUTE THE PROGRAM SUPPLEMENT AGREEMENT NO. 015-N." AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSTAIN; None. ABSENT: None. 5. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to ratify the attached Warrants and Demands AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSTAIN: None. ABSENT: None. 6. LETTER OF SUPPORT FOR AB 1359 HERNANDEZ It is recommended the City Council approve the attached letter of support. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to approve the attached letter of support for AB 1359 (Hernandez). AYES: Garcia, Garcia, NOES: None. ABSTAIN: None. ABSENT: None. Lozano, Pacheco, Rubio 7. APPROVAL OF RESOLUTION 2013-009 AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A CONTRACT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) UPON RECEIPT OF A COMMUNITY-BASED TRANSPORTATION PLANNING GRANT Page 4 of 6 Staff recommends that the City Council adopt Resolution No. 2013-009 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO EXECUTE AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION UPON RECEIPT OF A COMMUNITY-BASED TRANSPORTATION PLANNING GRANT TO ADOPT THE "ARROW HIGHWAY CORRIDOR/DISTRICT NON -MOTORIZED SAFETY ENHANCEMENT PLAN" Once adopted, staff will include a signed copy of the Resolution with the grant application. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to adopt Resolution No. 2013-009 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO EXECUTE AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION UPON RECEIPT OF A COMMUNITY- BASED TRANSPORTATION PLANNING GRANT TO ADOPT THE "ARROW HIGHWAY CORRIDOR/DISTRICT NON -MOTORIZED SAFETY ENHANCEMENT PLAN." AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSTAIN: None. ABSENT: None. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Ricardo Pacheco for discussion & direction to staff on the following: • Letter of Support for American Latino Museum on the National Mall. Councilmember Pacheco summarized the purpose of the letter, noting that he is seeking support from Council to send a letter to Congressional Representatives in support of the American Latino Museum. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to direct staff to prepare the letter for Council signatures. • Prepare a Resolution of Support for Senate Bill 135, Legislation by California State Senator Alex Padilla to create a statewide earthquake early warning system in California (Sample Resolution attached). Councilmember Pacheco summarized the purpose of Senate Bill, noting the importance of this bill in ensuring the safety of citizens of the community, and is seeking support from Council to send a letter to Congressional Representatives in support of the American Latino Museum. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to direct staff to prepare the letter for Council signatures. • Update on most current Finance Revenue Page 5 of 6 Councilmember Pacheco requested that staff prepare a current report on the City's revenue flow in order to determine the future financial health of the City. • Announce a reward for any information leading to the arrest and conviction of the suspect in the attack at the Dairy in Baldwin Park. Councilmember Pacheco requested that recounted his recent experience when he was a victim, along with the owner, of a robbery at gun point; commented on his emotions and the appreciation of family and life; expressed the desire for the City to work with the Police Department to provide a reward for any information leading to the arrest and conviction of the suspect. • Support of Senate Bill SB 470, Local Economic Development. This Bill is intended to promote economic development on local level to increase jobs, create economic opportunity, and generate tax revenue for all levels of government. Councilmember Pacheco summarized the purpose of Senate Bill, noting the importance of economic development on local level to increase jobs, create economic opportunity, and generate tax revenue for all levels of government, and requested that staff prepare a letter of support for this Senate Bill. Councilmember Marlen Garcia announced the upcoming 12th Annual Children's Festival, hosted by the Baldwin Park United Methodist Church, and directed staff to provide information or possibly provide a staff member at the event. Councilmember Rubio, referring to the recent release of inmates as a result of new Legislature, asked the Chief of Police to provide a status report of how the release of these inmates has had on the community. Mayor Lozano congratulated Councilmember Marlen Garcia on her daughter's being accepted at UCLA. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Rubio, to adjourn the meeting at 7:58 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED:. Page 6 of 6 MINUTES ITEM NO. BALDWIN PARK FINANCE AUTHORITY APRIL 3, 2013, 8:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 8:00 p.m. ROLL CALL CitV Council resent: Council Member Ricardo Pacheco Council Member Monica Garcia Council Member Susan Rubio Mayor Pro Tem Cruz Baca 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 8:02 p.m. Mff=N 1. TREASURER'S REPORT: DECEMBER 2012 Staff recommends that the City Council receive and file the December 2012 Treasurer's Report. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to receive and file the December 2012 Treasurer's Report. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio 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 Lozano, seconded by Garcia, to adjourn the meeting at 8:03 p.m. Mayor ATTEST: City Clerk APPROVED: ITEM NO. MINUTES BALDWIN PARK CITY COUNCIL SPECIAL MEETING APRIL 17, 2013, 5:30 P.M. CITY HALL - 3' Floor Conference Room 307 14403 East Pacific Avenue, Baldwin Park, CA 91706. CALL TO ORDER The meeting was called to order at 5:40 p.m. ROLL CALL: Council Member Marlen Garcia Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano UM V� REUMEW9120191ZOi" T 1. PRESENTATION FROM MORTGAGE RESOLUTION PARTERNS (MRP) 2. PUBLIC EMPLOYEE APPOINTMENT (GC §54957) Finance Director 3. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, C. E. O. and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and the Baldwin Park Police Officer's Association; Un -represented employees; and part-time employees. 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GC §54957) Public Works Director 5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC §54956.9 (d)(1) Case Name: Adams et. al. v. City of Baldwin Park et. al., USDC Case No.: CV12-00512 GAF(AJWx) Case Name: BPPOA v. City of Baldwin Park et al., USDC Case No: CV13-01534 DMG (VBKx) BPPOA v. City of Baldwin Park, LASC Case No: BS140802 REPORT FROM CLOSED SESSION It was reported that no action was taken on items discussed in Closed Session, ADJOURNMENT The Special Meeting was adjourned at 7:00 p.m. ATTEST: City Clerk Mayor MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING APRIL 17, 2013, 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 Lozano at 7:10 p.m. INVOCATION, The invocation was provided by Pastor Jackson.. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRES t4:T: Council Member Marlen Garcia Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano ANNOUNCEMENTS Mayor Lozano announced that, as required by Government Code section 54954.3, members of the City Council are also members of the Board of Directors of the Community Development Commission, Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $75 for attending the CDC meeting, $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. Mayor Lozano asked that the meeting be closed in memory of those who lost their lives in the bombing at the Boston Marathon; and close in memory of the 60 -year Baldwin Park resident, Mr. Glover, and extended deepest condolences to his family; also close in memory of Sal Castro, a legendary figure in the Chicano/Latino community who fought for civil rights for Latinos in the late 60's. Councilmember Rubio asked that the meeting be closed in memory of Rosie Rodriguez, a very active member of the Baldwin Park Senior Center, who also served one year as Senior Queen, and she will be missed by all. PROCLAMATION'S COMMENDATIONS & PRESENTATIONS • Proclamation proclaiming National Arbor Day on April 26, 2013. Councilmember Rubio presented a Proclamation to recognize April 26, 2013, as National Arbor Day. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:25 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Mr, Flores, announced that the scholarship awards ceremony for the Mark Daniel Flores Music Scholarships will be held on the coming Friday and that a fundraising event will also be coming up; invited everyone to participate. Ken Woo , Baldwin Park resident, thanked Council for recognition of his recent appointment to the Valley County Water Board; commented on the questions that Council presented to him at that time and noted that all of the information answering such questions is available to the public if they pay attention and look. Steve atorvis, Baldwin Park resident, requested that speed bumps be installed on Walnut Street, between Palm Avenue to Ramona Parkway; stated that he has obtained 40 signatures thus far; opined that many of the neighbors are in fear for their children, pets and property; commented that vehicles travel extremely fast down the street and that there have been several accidents, both vehicular and pedestrian, many of which were hit-and-run accidents. Art Luna, Baldwin Park resident, commented on the installation of power poles along Ledford and asked how long the installation would take; commented on MCM, the company building the overpass and asked how long until the project would be completed; opined that construction companies fail to keep job sites relatively clean and orderly Juan Rios. , Baldwin Park resident, asked about the recent commitment by the City to provide funding for the City versus County law enforcement services; noted that the City is paying a great deal of money to the County Sheriff to conduct a study; echoed the sentiments of Mr. Luna with regard to the lack of general maintenance around the construction site related to the overpass; opined that Council has failed to fulfil their individual commitments. Janis C A, Representative of the American Cancer Society (ACS), announced that the ACS will be conducting a study during the Run for Life event which will be held at Baldwin Park High School; noted that it will be a great opportunity for the community and asked that a presentation be agendized at the next Council meeting. Seeing no others wishing to speak, Public Communications closed at 7:42 p.m Mayor Lozano addressed the comments of Mr. Woods', noting that some of the questions presented were rather redundant; addressed Mr. Storvis' request, noting that many residents throughout the community request speed bumps be installed on residential street but that Public Works staff would be directed to consider the area for a traffic light; stated the he would provide to Mr. Luna his copy of the funding reports that are provided by the federal government for transportation construction. Councilmember Rubio also responded to Mr. Luna by noting that much of the items on today's consent calendar are being funded by grants and other funding sources, but by the General Fund. Councilmember Garcia responded to Mr. Woods' comments regarding questions presented to him; clarified the premise of some of her questions and thanked Mr. Woods for his assertive participation. Councilmember Pacheco commented on some of the benefits that are provided to Board members, including the provision of health insurance; Councilmember Garcia stated that the insurance provided by the Water Board should cover the member only and not extended family. Mayor Pro Tem Garcia commented of Mr. Luna's testimony regarding the overpass construction, noting that she would like to see a committee formed for the purpose of maintaining a status on the project; Councilmember Pacheco suggested that Public Works staff press CalTrans to administer the contract properly and enforce the maintenance of the job site. Councilmember Pacheco also directed Public Works staff to increase the monitoring and maintenance at Walnut Creek Nature Park; suggested that the police department increase patrol in the area in the evening. Page 2 of 6 CONSENT CALENDAR Councilmember Pacheco asked that Item No. 5 be held for discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 2. AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF COMPLETE STREETS IMPROVEMENTS ALONG MAINE AVENUE It is recommended that the City Council authorize the professional services agreement with Stantec Consulting, Inc. in an amount not to exceed $217,495 for the design and preparation of contract documents for the design of Complete Streets improvements along Maine Avenue. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to authorize the professional services agreement with Stantec Consulting, Inc. in an amount not to exceed $217,495 for the design and preparation of contract documents for the design of Complete Streets improvements along Maine Avenue. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 3. ADOPTION OF RESOLUTION 2013-010, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, IN SUPPORT OF SB135 - STATEWIDE EARLY WARNING SYSTEM (PADILLA) Staff recommends that the City Council: 1) Waive further reading, read by title only, and adopt Resolution No. 2013-010 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK IN SUPPORT OF S6135 (PADILLA) - EARTHQUAKE EARLY WARNING SYSTEM". 2) Direct staff to send copies of the adopted resolution to Senators Alex Padilla, Ted Lieu, and Ricardo Lara, Assemblymember Roger Hernandez, and Congressmember Grace Napolitano, Senators Dr. Ed Hernandez, Diane Feinstein and Barbara Boxer, and other key legislators. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to: 1) Waive further reading, read by title only, and adopt Resolution No. 2013-010 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK IN SUPPORT OF SB135 (PADILLA) - EARTHQUAKE EARLY WARNING SYSTEM". 2) Direct staff to send copies of the adopted resolution to Senators Alex Padilla, Ted Lieu, and Ricardo Lara, Assemblymember Roger Hernandez, and Congressmember Grace Napolitano, Senators Dr. Ed Hernandez, Diane Feinstein and Barbara Boxer, and other key legislators. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. Page 3 of 6 4. REJECTION OF CLAIMS Staff recommends that Council reject the claims of Maria Maldonado and Ricardo Murillo and direct staff to send the appropriate notice of rejection to claimant. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to reject the following claims and direct staff to send the appropriate notice of rejection to claimants. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 5. AUTHORIZE THE CHIEF EXECUTIVE OFFICER TO EXECUTE CONTRACT NUMBER ML12050 WITH THE MOBILE SOURCE AIR POLLUTION REDUCTION REVIEW COMMITTEE (MSRC) TO PROCURE FUNDING TO INSTALL AN ELECTRIC VEHICLE CHARGING FACILITY INCLUDING SOLAR PANELS IN THE CITY OF BALDWIN PARK TRANSIT CENTER Staff recommends that the City Council authorize the Chief Executive Officer to execute Contract Number ML12050 with the MSRC after a review by the City Attorney. Councilmember Pacheco began discussion by expressed support for this project but asked that staff conduct a study to identify other opportunities where solar power can be installed and effectively provide power to City facilities. A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to authorize the Chief Executive Officer to execute Contract Number ML12050 with the MSRC after a review by the City Attorney. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 6. TREASURER'S REPORT: FEBRUARY 2013 Staff recommends that the City Council receive and file the February 2013 Treasurer's Report. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to receive and file the February 2013 Treasurer's Report. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 7. REJECT ALL BIDS FOR THE BARNES PARK IMPROVEMENTS Staff recommends that the City Council reject all bids for the Barnes Park Improvements. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to reject all bids for the Barnes Park Improvements. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. Page 4 of 6 8. AUTHORIZE THE INSTALLATION OF SOLAR PANELS AT THE CITY OF BALDWIN PARK TRANSIT CENTER PROJECT Staff recommends that the City Council approve a contract change order with PCL Construction Services Inc. at a cost of $600,000 for the installation of solar panels. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to approve a contract change order with PCL Construction Services Inc. at a cost of $600,000 for the installation of solar panels.. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 9. CONSULTANT SERVICES AGREEMENT: GENERAL PLAN ELEMENT UPDATE - HEALTH AND SUSTAINABILITY ELEMENT RELATED CONSULTANT SERVICES Staff recommends that the City Council approve the Consultant Services Agreement with Moore, Lacofano, Goltsman, Inc. (MIG) to prepare an amendment to the City's General Plan in the form of a Sustainable Community Element consistent with the Scope of Services, Schedule, and Cost as Exhibits A, B & C to the Consultant Agreement. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to approve the Consultant Services Agreement with Moore, Lacofano, Goltsman, Inc. (MIG) to prepare an amendment to the City's General Plan in the form of a Sustainable Community, Element consistent with the Scope of Services, Schedule, and Cost as Exhibits A, B & C to the Consultant Agreement.. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. Following the Consent Calendar, discussion ensued with regard to the study being conducted by the Los Angeles County Sheriff's Department to determine whether it would be more cost effective to contract with the County for law enforcement services or whether it is more beneficial for the City to retain its current Police Department. CITY COUNCIL P CITY CLERK I CITY" TREASURER I STAFF REQUESTS & COMMUNICATIONS Request by Mayor Manuel Lozano for discussion & direction to staff on the following: • Establish a "Quiet Zone" with Metrolink, Federal Railroad Administration, and California Public Utilities Commission. Mayor Lozano asked that staff report back to Council regarding meetings with Congressional leaders and the City's request to establish a "Quiet Zone" in Baldwin Park. • Send a letter to Senators Feinstein and Boxer and Congresswoman Napolitano opposing the proposal by President Obama to change CPI to Social Security. Mayor Lozano asked that staff prepare a letter to Senate and Congressional leaders to voice objection to the proposal by President Obama to change the CPI to Social Security; opined that every worker in the country is entitled to Social Security and manipulating the funds is unacceptable. Councilmember Rubio commented on this item, making a comparison between this matter and the comments regarding the study being conducted to determine which is most cost effective — L.A. County or Baldwin Park Police Department. Council continued to discuss the matter and the comparison, finally settling on agreeing to disagree. Page 5 of 6 Request by Mayor Pro Tem Monica Garcia for discussion & direction to staff on the following: • Direct staff to contact Caltrans and have them submit a status report on the Freeway Widening Project, including a schedule for continued work and anticipated completion date, as well as asking for a presentation at a Council meeting or Ad Hoc Committee Meeting. Mayor Pro Tem Garcia noted that the request is fairly self-explanatory but that she would like Public Works staff to work with CalTrans staff to develop a method of reporting mile stones in the project and providing status updates to the community. Councilmember Garcia inquired about assigning a crossing guard at the Baldwin Park High School; Chief Hadsell responded by noting that officers have surveyed the area and noted that there are two traffic lights and a crossing guard in the area and, therefore, traffic control is acceptable at this point; noted that the problem falls more with parents dropping off children at school and not being mindful of traffic control in the area; opined that additional parent education will more likely mitigate the issues and that she will assign staff to do the necessary outreach. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Garcia, to adjourn the meeting at 8:26 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Page 6 of 6 ITEM NO. ° MINUTES BALDWIN PARK CITY COUNCIL SPECIAL MEETING MAY 1, 2013, 6:00 P.M. CITY HALL — 3`d Floor Conference Room 307 14403 East Pacific Avenue, Baldwin Park, CA 91706 CALL TO ORDER The meeting was called to order at 6:10 p.m. ROLL CALL: Council Member Marlen Garcia Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano PUBLIC COMMUNICATIONS None. STUDY SESSIONIOPEN SESSION 1. THE DESIGN OF TRAFFIC IMPROVEMENTS FOR MAINE AND PACIFIC Staff recommends that the City Council review the conceptual design and provide direction and comments as appropriate. Public Works Director Dan Wall provided a narrative of the proposed traffic improvements and explained the resulting traffic patterns based on the proposed changes; responded to questions from Council accordingly. 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC §54956.9 (d)(1) Case Name: Alhambra et al v. County of Los Angeles, Case No. S185457 2. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6) Agency Negotiators: Vijay Singhal, C. E. O. and other representatives as designated Employee Organizations: SEIU; Clerical; Professional and Technical Employees; Police Management Employees; Confidential Employees; Confidential Management and the Baldwin Park Police Officer's Association; Un -represented employees; and part-time employees. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Properties: 8554-001-900, 14403 E. Pacific Avenue; 8554-001-901, 14426 Ramona Blvd; 8554-001-904, N/A; 554-001-907, N/A; Commission Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: ROEM Development Corporation Under Negotiation: Price and terms of payment RECONVENE TO OPEN SESSION REPORT FROM CLOSED SESSION It was reported that no action was taken on items discussed in Closed Session„ City Council Special Meeting Minutes ADJOURNMENT The Special Meeting was adjourned at 7:00 p.m. ATTEST: City Clerk Mayor 05/01/13 Page 2 of 2 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING MAY 1, 2013,7:00 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 Lozano at 7:07 p.m. INVOCATION The invocation was provided by Pastor Jackson, FLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT;": Council Member Marlen Garcia Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano Mayor Lozano announced that, as required by Government Code section 54954.3, members of the City Council are also members of the Board of Directors of the Community Development Commission, Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $75 for attending the CDC meeting, $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. Mayor Lozano extended condolences to the families of those who lost loved ones in the recent fertilizer plant explosion in Texas and to those who were injured and who lost loved ones in the Boston Marathon bombing. Councilmember Rubio extended thanks to the Women's Club and to the Sister Cities Organization which are working on providing scholarships to students of Baldwin Park. PROCLAMATIONS, COMMENDATIONS & PRESrENTATIONS • Recognition to Macy's, West Covina, for their participation in this year's Bag of Hunger Fundraiser Mayor Lozano, along with Treasurer Maria Contreras, presented Store Manager, John Olstene, with a plaque in recognition of their participation over the past three years to the Bag of Hunger Fundraiser; noted that they have contributed over $15,000 in donated funds over the past three years. • Certificate recognition to Earth Day calendar Winners from "Think Together" After School Program Mayor Lozano presented Certificates of Recognition to student winners of the "Think Together" poster contest in recognition of Earth Day. • Proclamation proclaiming May as Older American's Month Mayor Lozano presented a Proclamation in recognition of Older American's Month - May 2015 • Plaque presentation to Margaret Burnett-Salonisen and Manuel Santillan for being recognized as Seniors of the Year Mayor Lozano presented plaques to Margaret Burnett-Salonisen and Manuel Santillan in recognition of being selected as "Senior of the Year" in Baldwin Park. • Presentation by American Cancer Society on CPS -3 "Cancer Prevention Study — 3" Janice Chow -Ng, San Gabriel Valley representative for the American Cancer Society (ACS), announced that the ACS has selected Baldwin Park as one of the communities that will participate in a Cancer Prevention Study; noted that representatives will be on site at the Relay for Life event at Baldwin Park High School, and encouraged everyone to attend. " A, a Mayor Lozano opened Public Communications at 7:53 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Caro q i N milton, representing HUMB, announced that the Annual Lawnmower Exchange, which provides four different locations where a gas -powered lawnmower can be traded in for a tremendously discounted electric lawnmower, will be coming up soon; encouraged everyone to trade in their gas -powered lawnmowers to help cut air pollution. Miguel Wessg, representing Baldwin Park Citizens United, presented a request for Council to sign a Pledge to commit to upholding the wished of the citizens of the community and keep the Baldwin Park Police Department and discard any consideration of contracting law enforcement services with the L.A. County Sheriff's Department. 1r. Flores announced that two winners of the Mark Daniel Flores Music Scholarships had been selected and that the award event was videoed; requested that the video be agendized for presentation at the next Council meeting. Angela Skidmore, Valley County Water District, extended an invitation to the community to attend the Annual Water Awareness Celebration; noted that there will be raffles, children activities, and demonstrations of drought tolerant plants. rLwz Baca, Baldwin Park resident, asked whether Council would commit to signing the Pledge that was presented by Mr. Wesso; noted that there have been two shootings and the mugging of two women recently in local shopping centers; suggested that Baldwin Park strive to be a model city. Councilmember Rubio expressed support and committed to signing the Pledge presented. Mayor Pro Tem Garcia stated that she would sign a Pledge that says it would protect the City of Baldwin Park and the citizens of Baldwin Park; stated that she would be like to see the Police Officers sign a Pledge as well to accept that they will be stakeholders in the decision as well because it is a two-way street. Councilmember Pacheco stated that he supports the Police Department and pointed out that they are stakeholders; stated that the decision is just as much a decision of the community and that the citizens should be making the decision and letting Council know what they really want; stated that he has signed the Pledge presented by Mr. Wasso. Mario_Mail, Baldwin Park resident, opined that three members of the City Council have already made up their minds to contract with the L.A. County Sheriff's Department, disregarding the wishes of the citizens of the community; provided a narrative an article published a periodical of the Los Angeles County Association of Deputies Service which pointed out that contracts for law enforcement services are calculated based on the number of minutes spent in a city, not the services provided nor the quality of service provided; opined that contracting with the County Sheriff's Department would be detrimental to the safety of the community. Page 2 of 7 Councilmember Rubio commented on the article, pointing out that contracting with the Sheriff's Department would not only surrender control of law enforcement services but would also surrender control of decisions, turning it over to the Los Angeles County Board of Supervisors. Llnidentifipd_eker, Baldwin Park resident, stated that she supports honoring citizens of the community but asked that Council honor her daughter, who passed away; stated that her daughter was selected to go to Washington, D.C., and participate on the committee of "No Child Left Behind;" noted that the local newspaper wrote a tribute to her daughter and asked that Council pay tribute to her as well. Councilmember Rubio asked that Parks and Community Services Manny Carrillo contact the speaker and arrange for her daughter to be honored at one of the Concerts In The Park events rather than a Council meeting. Juan Rias, Baldwin Park resident, noted that a request he made [asking for comparative information as to the cost of funding the Police Department versus the County Sheriff's Department] was supposed to have been responded to in late March, early April, but the information he is asking for has not been provided; stated that the community has been waiting for this information so that they can make an informed decision. Bert Saavedra, Baldwin Park resident, stated that she has been retired for five years and has taken interest in the community; noted that representatives from the EPA met with local seniors in her neighborhood because they were concerned regarding water quality and possible correlation of illnesses with the water quality; expressed concern regarding air quality as well. Greg Tuttlq, Baldwin Park business owner, opined that the Council seems to be confused on what the Superior Court injunction is and how it relates to the decision of retaining the County Sheriff's department; opined that they also violated sections of state code, referring specifically to the Brown Act; stated that the City has been resistant to formally "meet and confer" with labor unions; stated that the City has no right to talk to the County until after they meet and confer with the Police labor organizations. Jessie Wefls, representing CalTrans Public Affairs, offered to answer any questions regarding the construction project on the 605 Freeway; stated that the first phase of the overall construction has been to expand the car pool lane from the 605 Freeway to the 57 Freeway and that the work being performed from the 605 to Puente Avenue will be completed at the end of this summer; responded to questions from Council regarding the next two phases of the project. Councilmember Pacheco and City Clerk Avila both commented on the contractor's failure to maintain the areas around the construction zone and asked that CalTrans address the issue; Councilmember Rubio pointed out that many citizens complain about CalTrans being less than responsive to complaints; Mayor Pro Tem Garcia commented on the graffiti being such a problem in that area; asked that CalTrans address this issue and come up with some sort of solution. Seeing no others wishing to speak, Public Communications closed at 8:32 p.m, Councilmember Garcia asked that the breakdown of costs, line item style, be posted to the City's web site which would clearly show the differences in costs between the current funding of the Police Department and the proposal provided by the County Sheriff's Office; stated that the article that was read aloud earlier pertains to unincorporated areas of Los Angeles County and that Baldwin Park would have officers specifically allocated for patrol in the City; stated that the proposal promises a 40% increase in police forces to service the City. Councilmember Pacheco, countered some of the comments made by reading from the Court decision of Case Number B6140802; narrated some of the comments issued by the Judge within the court document; reiterated that the Court granted the injunction filed by the Baldwin Park Police Officers Association; opined that the savings is still not clear and that this is partly to blame because the Page 3of7 Finance Director seat is still unfilled; implied that there are many costs that are not being presented and that the lack of accuracy is disconcerting. Councilmember Rubio stated that the basis of moving to the Sheriff's Department was to save money and that, when asked, the Sheriff's Department clearly responded that they cannot guarantee the cost and therefore cannot guarantee saving to the City; stated that, unless it is presented in writing that the change will result in savings, the proposal should be rejected. Mayor Lozano stated that Council is and has been concerned with the long term vision for Baldwin Park and that this proposal is taken with that in mind; expressed his support for the Police Department but that the future of the City is paramount; voiced support for presenting the decision to the citizens by holding a Special Election with this issue on the ballot. CONSENT CALENDAR 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. APPROVAL TO PARTICIPATE IN THE 2013 SUMMER LUNCH PROGRAM Staff recommends that the City Council: 1) Authorize staff to submit an application to the State of California, Department of Education and participate in the 2013 Summer Lunch Program; and 2) Authorize the Director of Recreation and Community Services to execute all Summer Lunch Program documents, including the agreement with EI Monte Union High School District. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to: 1) Authorize staff to submit an application to the State of California, Department of Education and participate in the 2013 Summer Lunch Program; and 2) Authorize the Director of Recreation and Community Services to execute all Summer Lunch Program documents, including the agreement with EI Monte Union High School District. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 3. AUTHORIZE PROCURING BUS SHELTERS FROM TOLAR FOR THE AMOUNT OF $34,440, FUNDED BY THE FOOTHILL TRANSIT BUS STOP ENHANCEMENT PROGRAM Staff recommends that the City Council: 1) Authorize staff to procure bus shelter improvements from Tolar in the amount of $34,440; and 2) Authorize the Finance Director to appropriate $34,440 from grant funds for the purchase of these improvements. Page 4 of 7 4. 5. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to: 1) Authorize staff to procure bus shelter improvements from Tolar in the amount of $34,440; and 2) Authorize the Finance Director to appropriate $34,440 from grant funds for the purchase of these improvements. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR THE TDA SIDEWALK IMPROVEMENT PROJECT Staff recommends that the City Council: 1) Approve the design (Plans and Specifications) for the TDA Sidewalk Improvement Project; 2) Authorize staff to advertise the project for construction bids. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to: 1) Approve the design (Plans and Specifications) for the TDA Sidewalk Improvement Project; 2) Authorize staff to advertise the project for construction bids. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH VASQUEZ & COMPANY LLP It is recommended the City Council authorize engaging Vasquez & Company LLP to perform the financial analysis and projections as outlined in the attached engagement letter and authorize the Chief Executive Officer to sign the engagement letter. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to authorize engaging Vasquez & Company LLP to perform the financial analysis and projections as outlined in the attached engagement letter and authorize the Chief Executive Officer to sign the engagement letter. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. Following the vote, Councilmember Pacheco inquired as to whether this contract is necessary given that the City is close to hiring a new Finance Director; City Manager Singhal responded, noting that they are a reputable company and the services will be necessary to perform duties that are time sensitive. Page 5 of 7 PUBLIC HEARINGS 6. PUBLIC HEARING REGARDING THE FISCAL YEAR 2013-2014 ANNUAL ACTION PLAN AND THE CITIZEN PARTICIPATION PLAN Staff recommends that the City Council conduct the public hearing and, following the public hearing, approve the FY 2013-2014 Annual Action Plan and Citizen Participation Plan. Housing Manager Suzie Ruelas provided a brief narrative of the program and offered to respond to questions from Council. Mayor Lozano opened the Public Hearing at 9:08 p.m. and invited those wishing to speak in favor of the item presented. Seeing no one wishing to speak, Mayor Lozano invited those wishing to speak in opposition to the item to come forward. Seeing no one wishing to speak, Mayor Lozano declared the Public Hearing closed at 9:09 p.m. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to approve the FY 2013-2014 Annual Action Plan and Citizen Participation Plan. CITY COUiNCIL 1 CITY CLERIC; CITY' TIBASURER STAFP RiEQiUESTS & COIIIiJI'kNICATIOIV Request by Mayor Manuel Lozano and Councilmember Ricardo Pacheco for discussion & direction to staff on the following: • Send letter of support to Assemblymember Roger Hernandez for the City's support of AB 1357 (San Gabriel Valley Emergency Departments and Ambulance Diversion). Mayor Lozano directed staff to compose and send a letter to Assemblymember Roger Hernandez in support of Assembly Bill 1357, and in support of bringing additional emergency facilities to the area. Request by Councilmember Ricardo Pacheco for discussion & direction to staff on the following: • Send a letter of thanks to Supervisor Molina for awarding a Tree Grant to the City of Baldwin Park. Councilmember Pacheco directed staff to prepare and send a letter of thanks to Supervisor Molina for awarding a Tree Grant to the City; Public Works Director Dan Wall reported that several trees have already been purchased and planted. Request by Councilmember Marlen Garcia for discussion & direction to staff on the following: • 1 would like to discuss an article that was featured in the San Gabriel Valley Tribune on Wednesday, April 24, 2013 regarding a study of Cities dealing with bad air quality regarding the poor air quality in the area, its impacts as highlighted in the recently released CalEnviroScreen 1.0, and identify ways to protect and help the residents of the city of Baldwin Park from its adverse effects including lobbying and support for legislation for reduced pollution and cleaner air. Councilmember Garcia read excerpts from the article and suggested that a study be conducted to determine the impact that environmental elements have on residents' health; expressed concern about resident being exposed to poor air and water quality; suggested reaching out to Senate, Assembly and Congressional representatives to seek assistance in mitigating the effects. Councilmember Garcia also asked that students who were identified for awards in recognition of their active participation in sports while keeping their GPAs at above average levels. Page 6 of 7 Request by Mayor Pro Tem Monica Garcia for discussion & direction to staff on the following: • In light of a recent pollution study which cites Baldwin Park as one of the top communities in Los Angeles County "especially burdened" by cumulative impacts of pollutants due to smog, high - trafficked roadways and freeways, landfills, industrial plants, groundwater, and contaminated waterways - 1) develop proposals to mitigate air pollution, and 2) research grant opportunities to fund proposals. Mayor Pro Tem Garcia discussed some of the findings presented by the recent study and suggested that staff draft proposals that will address air pollution and provide proactive steps to mitigate future pollution; suggested that staff research available grants to identify funds to support the development of such proposals. • Explore the creation of City "buffer zones" along the 10 and 605 freeways, such as at Walnut Creek Park and Barnes Park, in an effort to absorb smog through trees and urban forests/green space. Mayor Pro Tem Garcia suggested that a green beltway be identified and development of urban forests to increase vegetation improve air quality; asked that the environmental studies be kept active and that City staff works proactively to address the current conditions and move towards improving conditions in the future. • Revisit the idea to work with neighboring jurisdictions such as the cities of EI Monte and Irwindale, and Los Angeles County to create a green beltway and urban forest along Arrow Highway adjacent to Santa Fe Dam, connecting to easements along the 605 freeway which were recently vacated by a nursery. Due to time constraints, this item was not address during the meeting. Work with Caltrans to identify parcels along local freeways (such as Dalewood Street near Bess Avenue) that can be considered for the development of urban forests/green space. Due to time constraints, this item was not addressed during the meeting. ADJOURNMENT There being no other business to discuss, a motion was made by Lozano, seconded by Garcia, to adjourn the meeting at 9:37 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk G O1T1AII Page 7 of 7 ITEM NO. 3 14 MINUTES BALDWIN PARK CITY COUNCIL SPECIAL MEETING MAY 15, 2013,6:00 P.M. CITY HALL — 3►d Floor Conference Room 307 14403 East Pacific Avenue, Baldwin Park, CA 91706 CALL TO ORDER The meeting was called to order at 6:10 p.m. ROLL CALL: Council Member Marlen Garcia Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano PUBLIC COMMUNICATIONS STUDr +wSESSIO None. RECESS TO CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC §54956.9 (d)(1) Case Name: Dominguez v. Baldwin Park Housing Authority Los Angeles Superior Court Case No. BS138646 REPORT FROM CLOSED SESSION No action was taken on items discussed in Closed Session. ADJOURNMENT The Special Meeting was adjourned at 7:00 p.m. ATTEST: City Clerk Mayor MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING MAY 15, 2013,7:00 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 Lozano at 7:07 p.m. INVOCATION The invocation was provided by Councilmember Pacheco. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Marlen Garcia Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano ANNOUNCEMENTS Mayor Lozano announced that, as required by Government Code section 54954.3, members of the City Council are also members of the Board of Directors of the Community Development Commission, Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. Mayor Lozano extended his condolences to the family of Raquel Corrales, a long time Baldwin Park resident and local business owner; noted that she was a well-known and active member of the community. Mayor Lozano announced that the Baldwin Park Unified School District is deserving of congratulations for being ranked #1 by Ed Trust West, a state-wide education advocacy organization which surveys school district policies, student demographics and student success. Councilmember Rubio announced an upcoming opportunity to meet Congresswoman Grace Napolitano through a community outreach being hosted by her office; also recognized Police Officers' Week, and asked that everyone recognize the hard work of the police officers as well as remembering the fallen officers; announced the upcoming Relay for Life being held at Baldwin Park High School. Councilmember Pacheco announced that Assemblymember Roger Hernandez is hosting a Community Coffee Break on the coming weekend, and encouraged those who wish to share concerns or learn more about the legislature to attend. Councilmember Garcia extended thanks to the Baldwin Park Police Department for their continued participation in conducting classes for the Pride Platoon which educates at -risk youth on the merits of being a good citizen; attended the Foothill Transit board meeting where a measure was passed that would increase the availability of public transportation with new busses. Mayor Pro Tem Garcia recognized Detective La Riva for her efforts in fighting against abuse against children and young girls. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Recognition to Rafael Tapia, Jr., BPHS, and Vivian Feliz, SVHS, for winning the Mark Daniel Flores Music Scholarship Award. Mr. Flores provided some background on the scholarship program and its foundation; provided background on scholarship winners Vivian Feliz and Rafael Tapia; Ms. Feliz performed for the audience, followed by a performance by Mr. Tapia. Following these performances, Mayor Lozano presented Certificates of Recognition to each student and congratulated them on their tremendous achievements. • Recognition to Valle Vista League Top 5 Honorees from Baldwin Park High School Delilah Garcia, Bernardo Flores, Jr., Tyler Jones, Steven Trinidad, and Brandon Brown. Councilmember Garcia presented Certificates of Recognition to each of the five Baldwin Park High School students and congratulated them on their outstanding academic achievements. • Proclamation proclaiming Poppy Week May 13 - 19, 2013 and Recognition to Miss Poppy 2013 Adalena Jimenez. Councilmember Pacheco presented a Proclamation to recognize May 13 through 19, 2013, as National Poppy Week and presented a Certificate of Recognition to Miss Adalena Jimenez, Miss Poppy 2013. • Proclamation proclaiming May 19 - 25, 2013 as Public Works Week. Mayor Pro Tem Garcia presented a Proclamation recognizing the week of May 19 through 25, 2013, as National Public Works Week. • Proclamation proclaiming National Kids to Park Day on May 18, 2013. Mayor Lozano presented a Proclamation to recognize May 18, 2013, as National Kids to Park Day, PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:03 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. All unidentified s eaker, on behalf of the Baldwin Park Women's Club, announced that the Club will be contributing $1,200 towards the purchase of new park benches. Teresa Venturi, Baldwin Park resident, extended thanks to the Parks and Community Services Department for the many activities and programs offered for children of all ages; speaking on behalf of the Stars Gymnastics Team, she asked that the City Council provide a venue of some sort where the team could conduct some kind of fund raising event. Ken Woods, Baldwin Park resident, commented on the new parking structure and the funds associated with items appearing on the evening's Consent Calendar; inquired as to whether the proposed costs included any kind of discounts or waivers. Miguel l Wasp, Baldwin Park resident, brought back the Pledge which was presented to Council at its last meeting, noting that only two Councilmembers had signed, and sought additional signatures from the remaining members of Council; pointed out that the service of the local Police Department is demonstrated every day. Shirley Ascare, American Legion Unit 241, announced that they will be holding a Gold Star Mother's Day event and inquired as to whether the City might partner with the American Legion to provide notice to the community about the event. Page 2 of 4 Councilmember Rubio noted that this event is to honor the mothers of fallen soldiers and it is important to encourage community participation and show support for the families. Seeing no others wishing to speak, Public Communications closed at 8:15 p.m. CONSENT CALENDAR Councilmember Pacheco requested Item Nos. 4 and 5 be held for discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 2. CLAIM REJECTION Staff recommends City Council reject the claims of Laura Kam and Silvestre and Consuelo Arteaga and direct staff to send the appropriate notice of rejection to claimants. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to reject the claims of Laura Kam and Silvestre and Consuelo Arteaga and direct staff to send the appropriate notice of rejection to claimants. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 3. TREASURER'S REPORT: MARCH 2013 Staff recommends that the City Council receive and file the March 2013 Treasurer's Report. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to receive and file the March 2013 Treasurer's Report. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 4. AUTHORIZE THE INSTALLATION OF SECURITY CAMERAS AT THE CITY OF BALDWIN PARK TRANSIT CENTER PROJECT Staff recommends that the City Council approve contract orders with PCL Construction Services Ind.,for the installation of security cameras at a cost of $96,207. Councilmember Pacheco opened discussion on this item by seeking clarification on the funding source for the project and inquired about a letter of request for waiver that was sought by the City from the Water District; opined that it was contradictory to ask for a waiver from another agency while spending additional monies elsewhere. Public Works Director Dan Wall responded to Councilmember Pacheco's inquiry by clarifying the original bidding process, followed by negotiation of the same contract at a significantly less cost; explained that the discounted bid was likely because the equipment being installed is dated based on the age of the original bid. Page 3 of 4 Councilmember Pacheco expressed further concern regarding how the cost savings realized was being allocated elsewhere and sought clarification as to why the City would seek a waiver from the Water District when the project did not appear to be financially in need. City Manager Vijay Singhal explained that the request for waiver was presented to Council informally prior to a letter requesting waiver was sent. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to approve contract orders with PCL Construction Services Ind.,for the installation of security cameras at a cost of $96,207. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 5. AUTHORIZE CONTRACT CHANGES TOTALING $57,780 FOR THE CITY OF BALDWIN PARK TRANSIT CENTER PROJECT Staff recommends that the City Council approve a construction management contract amendment with Del Terra in the amount of $5,000 and approve contract change orders with PCL Construction Services Inc. at a cost of $52,780. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to approve a construction management contract amendment with Del Terra in the amount of $5,000 and approve contract change orders with PCL Construction Services Inc. at a cost of $52,780. AYES: NOES: ABSENT: ABSTAIN PUBLIC HEARINGS None. Lozano, Garcia, Garcia, Rubio, Pacheco None. None, None. M dlk ADJOURNMENT There being no other business to discuss, a motion was made by Lozano, seconded by Garcia, to adjourn the meeting at 8:35 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Page 4 of 4 ITEM NO. MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING JUNE 5, 2013, 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 Lozano at 7:05 p.m. INVOCATION The invocation was provided by Councilmember Pacheco. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MI�MBFRS PRESENT: Council Member Marlen Garcia (arrived during Public Communications) Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano ANNOUNCEMENTS Mayor Lozano announced that, as required by Government Code section 54954.3, members of the City Council are also members of the Board of Directors of the Community Development Commission, Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $75 for attending the CDC meeting, $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. Mayor Lozano asked that this evening's meeting be closed in memory of three individuals for whom he has known for many years, Antonia Caldera, daughter of Ana Cabrerra, Guadalupe Placencia and Nicole Marie Campa; extended sincere condolences to the families and friends of these Baldwin Park citizens. Councilmember Rubio extended congratulations to graduating student bodies. PROCLAMATIONS COMMENDATIONS PRESENTATIONS • Recognition of Luis Arias and Rosie Perez for being named 2013 Saint John the Baptist Spring Festival King and Queen Due to a schedule conflict, Mr. Arias and Ms. Perez were not able to attend this evening's meeting; Councilmember Pacheco asked that this award ceremony be move to the next regular Council meeting. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:13 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Curtis Holland, representing the H. Martin Foundation for Humanitarian Services, provided a brief summary of the purpose of the organization and explained the benefits this foundation could provide to the citizens of Baldwin Park; provided brochures and other printed information for Council review. Raul Re s, Baldwin Park resident, narrated a Pledge that was said to be a commitment made by Councilmembers to support the Baldwin Park Police Department; extended thanks to Councilmember Rubio and Councilmember Pacheco for signing the pledge; asked for commitment of additional councilmembers; pointed out that response time by Sheriff's Department is clearly longer than response by officers of Baldwin Park Police; suggested that Council put the decision to a vote by the community. Daniel McGuire,, L.A. Metro, brought information regarding the State Route 710 and the Environmental Impact Study; provided materials for review. rg Tuttle, Baldwin Park business owner, noted that a letter was being circulated and asked the question of whether Council will support the Police Department; inquired as to whether certain council members were going to sign the pledge to save the Police Department or refuse to sign to save their seat; commented on hiring a consultant to study pollution in the City; suggested that the City begin by citing pollution contributors such as busses and non-compliant vehicles; voiced objection to the ROEM project, pointing out that there is already traffic congestion in the area and parking will be an additional problem. Juan Rae, Baldwin Park resident, asked whether the Chief would sign the Pledge; noted that the landscape vegetation planted near the WalMart, as well as in Walnut Creek Nature Park, is full of trash and the plants are dying (sprinkler problem); opined that a school crosswalk should be established near Sierra Vista High School, near the football field (Robinette), because kids are crossing the street and there is a safety issue. Seeing no others wishing to speak, Public Communications closed at 7:28 p.m. Mayor Pro Tem Garcia asked that Item No. 4 be held for discussion; Councilmember Pacheco requested that Item No. 1, 3, 7, 8 and 9 be held for discussion; Councilmember Rubio requested that Item No. 10 also be held for discussion. 1. RENEWAL OF AGREEMENT WITH ALL CITY MANAGEMENT SERVICES FOR PROVIDING SCHOOL CROSSING GUARD SERVICES FOR FISCAL YEAR 2013/2014 Staff recommends City Council: 1. Approve the FY 2013/2014 contract with All City Management Services for crossing guard services. 2. Authorize the Mayor to execute the agreement to continue services with All City Management Services. Councilmember Pacheco, having requested that this item be held for discussion, made inquiries as to whether funding for this contract is considered a part of the police department and whether this is being included when performing the comparison between the police department and the sheriff's department; noted that this is a General Fund item. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to approve the FY 2013/2014 contract with All City Management Services for crossing guard services and authorize the Mayor to execute the agreement to continue services with All City Management Services. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None 2. CLAIM REJECTION Staff recommends City Council reject the claims of Gary Powers and Erminio Gonzalez and direct staff to send the appropriate notice of rejection to claimants. Page 2 of 8 3. 4. 5. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to reject the claims of Gary Powers and Erminio Gonzalez and direct staff to send the appropriate notice of rejection to claimants. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. ADOPTION OF RESOLUTION 2013-014, A RESOLUTION CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIA HERO PROGRAM Staff recommends that the City Council waive further reading, read by title only, and adopt the attached Resolution No. 2013-014 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIA HERO PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES, ENERGY AND WATER EFFICIENCY IMPROVEMENTS, AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND APPROVING AN AMENDEMENT TO A CERTAIN JOINT POWERS AGREEMENT RELATED THERETO", authorizing the City's participation in the California HERO Program, which will enable property owners to finance permanently fixed renewable energy, energy and water efficiency improvements and electric vehicle charging infrastructure on their properties. Councilmember Pacheco announced that he would recuse himself from voting on this item because he works with companies that do or may do business with the California Hero Program. A motion was made by Lozano, seconded by Garcia, and carried (4 — 0) to waive further reading, read by title only, and adopt the attached Resolution No. 2013-014. AYES: Lozano, Garcia, Garcia, Rubio NOES: None. ABSENT: None. ABSTAIN: Pacheco AUTHORIZE AN ENVIRONMENTAL CONSULTANT SERVICES AGREEMENT It is recommended that the City Council authorize a Consultant Services Agreement with John L. Hunter and Associates, Inc. (JLHA) in the amount of $69,865 per year for three years and authorize the Mayor to execute the attached agreement. Mayor Pro Tem Garcia asked that this item be continued and brought back at a future meeting after the Mayor Pro Tem has received briefings on the impact of impending legislation; noted that she believes some of the proposed legislation will have a direct effect on the City and that additional services may be needed. A motion was made by Garcia, seconded by Pacheco, and carried (5 — 0) to continue Item No. 4 to a future meeting after Council has received the requested information and briefings. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to ratify the Warrants and Demands Register. Page 3 of 8 6 7. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. GENERAL MUNICIPAL ELECTION RESOLUTIONS Staff recommends City Council 1) waive further reading, read by title only and adopt Resolution No. 2013-015 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES"; 2) waive further reading, read by title only and adopt Resolution No. 2013-016 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2013, WITH THE LOS ANGELES COUNTY'S UNIFORM DISTRICT ELECTION (UDEL - SCHOOL ELECTION) TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE." A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to waive further reading, read by title only and adopt Resolution No. 2013-015; and waive further reading, read by title only and adopt Resolution No. 2013-016. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. AMENDMENT TO SECTIONS 39.01, 39.02 AND 39.03 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO DECORUM AT CITY COUNCIL MEETINGS The City Attorney's Office recommends the City Council introduce by first reading by title only Ordinance No. 1358, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 39.01, 39.02 AND 39.03 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO DECORUM AT CITY COUNCIL MEETINGS." Councilmember Pacheco began discussion regarding this item, asking that language could be added to prohibit councilmembers from leaving the dais while another councilmember is speaking; and all language that would prohibit councilmembers from making libelous comments; requested that the item be returned to the City Attorney for revision. City Attorney noted that this ordinance governs the conduct of the public during meetings and other gatherings, rather than conduct of Council; pointed out that there is another ordinance that is specific to the Council. A motion was made by Pacheco, seconded by Rubio, to continue this item and direct the City Attorney to revise the language of the ordinance to address conduct of councilmembers as well as the general public, and bring the item back at a future meeting. The motion failed by a vote of (2 - 3). AYES: Rubio, Pacheco NOES: Garcia, Garcia, Lozano ABSENT: None. ABSTAIN: None. A motion was made by Garcia, seconded by Lozano, and was approved (3-2) to introduce by first reading by title only, Ordinance No. 1358, "An Ordinance of the City Council of the City of Baldwin Park Amending Sections 39.01, 39.02, and 39.03 of the Page 4 of 8 8. 9. Baldwin Park Municipal Code Relating to Decorum at City Council Meetings" as written, no changes. AYES: Garcia, Garcia, Lozano NOES: Rubio, Pacheco ABSENT: None. ABSTAIN: None. TRANSIT SERVICES AGREEMENT WITH SOUTHLAND TRANSIT, INC. It is recommended that City Council authorize the Transit Services Agreement with Southland Transit, Inc. Councilmember Pacheco inquired as to whether the City, under this contract, is in conformance with all the requirements necessary to operating the transit services; inquired as to what the proposed fees will be under this contract. Public Works Director Dan Wall explained that the contractor will be responsible for ensuring that all vehicles operated under this contract are in compliance with ADA and other mandated requirements; explained that fees are based on hours of operation and that the net is roughly around $1 million per year; noted that no General Fund money is used for this program. Councilmember Pacheco asked whether a public hearing could be conducted to obtain input from the community/ridership to ensure the services being provided are serving the community. Councilmember Pacheco also requested service performance reports. Councilmember Garcia suggested that a survey be conducted rather than a public hearing because the response is likely to be higher; noted that, often times, citizens cannot attend meetings in the evening so providing a survey will produce more response. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to approve and authorize the Transit Services Agreement with Southland Transit, Inc., contingent upon holding a public hearing for community input and conducting a survey of the ridership. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. AUTHORIZE THE INSTALLATION OF SIX ADDITIONAL ELECTRIC VEHICLE CHARGING STATIONS AT THE CITY OF BALDWIN PARK TRANSIT CENTER PROJECT Staff recommends that the City Council authorize PCL Construction Services Inc. to install six additional electric vehicle charging stations for a cost of $25,350. Councilmember Pacheco inquired with staff as to the difference in cost between the electric vehicle charging stations and the proposal before Council this evening; Public Works Director Dan Wall explained that the previously approved item for charging stations was for the installation of solar panel while this item is for the installation of the charging stations; noted that this item is being funded by grant funds. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to approve and authorize the installation of six additional electric vehicle charging stations. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. Page 5 of 8 10. AWARD A CONTRACT FOR THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS TO MORA'S EQUIPMENT AND CONSTRUCTION, INC. IN THE AMOUNT OF $30,475 Staff recommends that the City Council: 1. Award a Construction Contract to Mora's Equipment & Construction, Inc. in an amount not to exceed $30, 475; and 2. Authorize the Mayor to execute the attached agreement. Councilmember Rubio took the opportunity to announce that this project is being funded by grant money and will not be paid for using General Fund money. A motion was made by Rubio, seconded by Lozano, and carried (5 — 0) to award the contract for the Construction of Sidewalk Improvements to Mora's Equipment And Construction, Inc., and authorize the Mayor to execute the agreement. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 11. RESOLUTION 2013-011 APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013-2014, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution 2013-011 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013-2014, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING." A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to waive further reading, read by title only, and adopt Resolution 2013-011; and to set a Public Hearing for July 17, 2013, at 7:00 p.m. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 12. RESOLUTION 2013-012 APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013-2014, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING Staff recommends that the City Council waive further reading, read by title only, and adopt Resolution 2013-012 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2013-2014, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING." A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to waive further reading, read by title only, and adopt Resolution 2013-012; and to set a Public Hearing for July 17, 2013, at 7:00 p.m. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. Page 6 of 8 ABSENT: None. ABSTAIN: None. 13. AUTHORIZATION TO THREE YEARS CONTRACT FOR INTERNET SERVICE Staff recommends Council to authorize Chief Executive Officer to sign a 3 year contract with Verizon business to upgrade our current internet service to 20M IDE. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to authorize Chief Executive Officer to sign a 3 year contract with Verizon business to upgrade our current internet service to 20M IDE. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 14. APPROVAL OF EMPLOYMENT AGREEMENT WITH MR. CRAIG GRAVES, INTERIM FINANCE DIRECTOR It is recommended that the City Council approve the employment agreement with Craig Graves, for services as Interim Finance Director, and authorize its execution by the Mayor. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to approve the employment agreement with Craig Graves, for services as Interim Finance Director, and authorize its execution by the Mayor. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS 15. CONSIDERATION OF APPOINTMENTS AND/OR REAPPOINTMENTS TO FILL VACANCIES FOR THE HOUSING COMMISSION Staff recommends City Council to review all Commission applications, take nominations and adopt Resolution No. 2013-013 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING INDIVIDUALS TO THE HOUSING COMMISSION OF THE CITY OF BALDWIN PARK TO OFFICE NOS. 1, 2, 3, 4, 5, & 6," subject to satisfactory backgrounds checks through the Department of Justice, as follows: Office No Name 1 2 3 4 5 aspiration of Teras June 30, 2014 June 30, 2015 Tenant - 6 June 30, 2016 Tenant 7 (62+) PENDING APPLICATIONS A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to continue this meeting to the next Council meeting. Page 7 of 8 CITY COUNCIL P CITY CLERK I CITY TREASURER f STAFF REQUESTS & COMMUNICATIONS Request by Councilmember Ricardo Pacheco for discussion & direction to staff on the following: Send letter of support to our Senators urging them to Pass Bipartisan Comprehensive Immigration Reform Proposal. (Action Alert attached). Councilmember Pacheco noted that he will have additional information in the coming days and directed that this item be carried over to the next regular Council meeting. Councilmember Garcia requested that the Baldwin Park Rock Star cheer group be recognized at the next Council meeting, noting that they recently won the title of 2013 American Cheer Power Nation Champions. Councilmernber Rubio requested that Edna and Jack White be invited and recognized at the next Council meeting in honor of their 60th wedding anniversary. Councilmember Pacheco requested that Code Enforcement increase its effort to patrol the city and identify blighted property around the city so that the owners can be contacted and the property cleaned up. Mayor Lozano reminded everyone of the Grand Opening of the Transit Parking Garage which is coming up on June 22 at 11:00 a.m. ADJOURNMENT There being no other business to discuss, a motion was made by Lozano, seconded by Garcia, to adjourn the meeting at 7:57 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Page 8 of 8 MINUTES BALDWIN PARK CITY COUNCIL SPECIAL kfqV%O. - JUNE 19, 2013, 6:00 P.M. CITY HALL — 3'd Floor Conference Room 307 14403 East Pacific Avenue, Baldwin Park, CA 91706 CALL TO ORDER The meeting was called to order at 6:10 p.m. ROLL CALL: Council Member Marlen Garcia Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano PUBLIC COMMUNICATIONS None. ACTION ITEMS FOR THE CITY COUNCIL AND HOUSING AUTHORITY 1. APPROVAL OF CONTINUING APPROPRIATIONS FOR FISCAL YEAR 2013-2014 It is recommended that the City Council and Housing Authority approve the attached Resolutions. Motion was made and vote carried (5 — 0) to approve and adopt Resolution No. 2013-020, entitled "A Resolution of the City Council of the City of Baldwin Park, County of Los Angeles, State of California, Authorizing a Continuing Appropriation for the Temporary Use of the 2012-13 Budget for Fiscal Year 2013-14 Pending Final Approval of the 2013-14 Budget." AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Motion was made and vote carried (5 — 0) to approve and adopt Resolution No. HA 2013-002, entitled "A Resolution of the Housing Authority of the City of Baldwin Park, County of Los Angeles, State of California, Authorizing a Continuing Appropriation for the Temporary Use of the 2012-13 Budget for Fiscal Year 2013-14 Pending Final Approval of the 2013-14 Budget." AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 2. AUTHORIZATION FOR TEMPORARY EXTENSION TO THE CONTRACT FOR COLLECTION OF SOLID WASTES WITH WASTE MANAGEMENT It is recommended that the City Council authorize the temporary extension of the existing contract for the Collection of solid wastes which includes collection, disposal, and recycling services on a month-to- month basis. Motion was made and vote carried (5 — 0) to approve the temporary extension to the contract for collection of solid waste with Waste Management, Inc. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. City Council Special Meeting Minutes 06/19/13 3. Presentation by ROEM DEVELOPMENT CORP regarding a proposed Civic Center mixed use project Darek Allen, representing ROEM Development Corp. narrated a PowerPoint presentation, providing a visual representation of the designs, and responded to questions of Council. RECESS TO CLOSED SESSION 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Properties identified as follows:: 8554-001-900, 14403 E. Pacific Avenue; 8554-001-901, 14426 Ramona Blvd; 8554-001-904, N/A; 8554-001-907, N/A; Commission Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: ROEM Development Corporation Under Negotiation: Price and terms of payment 5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Property: 13940 Live Oak Avenue, Baldwin Park, CA 91706 Agency Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: Doug Corcoran, Waste Management Under Negotiation: Price and terms of payment 6. 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 the Baldwin Park Police Officer's Association; Un -represented employees; and part-time employees. 7. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GC §54956.9 (d)(1) Adams et. al. v. City of Baldwin Park et. al., USDC Case No.: CV12-00512 GAF(AJWX) BPPOA v. City of Baldwin Park et al., USDC Case No: CV13-01534 DMG (VBKX) BPPOA v. City of Baldwin Park, LASC Case No: BS140802 8. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Properties: 8437-004-060 J & J Warehouse Co./Newman Tek Capital 14417 Ramona 8437-004-061 14433 Baldwin Park LLC 14433 Ramona 8437-004-062 14433 Baldwin Park LLC 14433 Ramona 8437-004-063 J & J Warehouse Co./Newman Tek Capital NA 8437-004-064 J & J Warehouse Co./Newman Tek Capital 14467 Ramona 8437-004-065 J & J Warehouse Co./Newman Tek Capital 14519 Ramona 8437-004-066 J & J Warehouse Co./Newman Tek Capital 14483 Ramona 8437-004-067 J & J Warehouse Co./Newman Tek Capital 14455 Ramona 8437-004-069 J & J Warehouse Co./Newman Tek Capital 4124 Maine Commission Negotiators: Vijay Singhal & Joseph Pannone Negotiating Parties: J & J Warehouse Co./Newman Tek Capital 14433 Baldwin Park LLC Under Negotiation: Price and terms of payment Page 2of3 City Council Special Meeting Minutes REPORT FROM CLOSED SESSIONI No action was taken on items discussed in Closed Session. ADJOURNMENT The Special Meeting was adjourned at 7:05 p.m. ATTEST: City Clerk Approved: Mayor 06/19/13 Page 3of3 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING JUNE 19, 2013, 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 Lozano at 7:07 p.m. INVOCATION The invocation was provided by Councilmember Pacheco. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Marlen Garcia Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano ANNOUNCEMENTS Mayor Lozano announced that, as required by Government Code section 54954.3, members of the City Council are also members of the Board of Directors of the Community Development Commission, Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $75 for attending the CDC meeting, $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. Councilmember Pacheco congratulated Councilmember Rubio on here recent nuptials, noting that she recently married Assembly Member Roger Hernandez; extended well wishes. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Recognition to Luis Arias and Rosie Perez for being named 2013 Saint John the Baptist Spring Festival King and Queen. Councilmember Pacheco congratulated Rosie Perez and Luis Arias for their being elected as the 2013 King and Queen of the St. John the Baptist Festival; noted that 2013 is the 60th Anniversary of the St. John the Baptist School; recognized many of the teachers at the school and expressed appreciation for the many years of quality education that St. John's has provided to the youth of Baldwin Park. • Recognition to the Baldwin Park Rock Star Cheer Group for winning the Title of "2013 American Cheer Power National Champions" Councilmember Garcia expressed accolades to the Cheer Group for their championship title and presented Certificates of Recognition to each member of the group. • Recognition to Mr. & Mrs. Jack White on celebrating their 60th Wedding Anniversary Mayor Lozano announced that Mr. and Mrs. White were unable to attend this evening's meeting so this item will be continued to the next Council meeting at which they are able to attend; extended his sincere congratulations and expressed admiration for their commitment to each other for all these years. Mayor Lozano opened Public Communications at 7:23 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Mark Flores, Mark Daniel Flores Music Foundation, announced a reminder of an event coming up on Sunday, noting that the event is a Comedy -Rock genre; announced that the Foundation has also just launched its own website, the MDFMF.Com website; invited everyone to check it out. The following members of the community commented on the positive impact that the boxing program has had on their lives and asked that Council not cut back on the program; requested that it be reinstated to a full 5 or 6 day program: Julian; Victor; Alondra; Maria Lozano; Martina Aguilar; Lisa Talenera; Luis Resio; Andy Martinez; Rolando Sosentes; Yvette Rosalas; Oscar Murro; Larry Barro; Maya Vargas; Ricardo Garcia; Yman Busso; Sasaro Salas; Brenden Warsa; Russo Salas; Robert Gutierrez; Gordon Allen and Paul Cook. Mayor Lozano expressed great appreciation for all the citizens who appeared this evening to speak in support for the boxing program and assured them that the days will not be cut; directed Parks Director Manuel Carrillo to bring a report back to Council. Councilmember Garcia questions Mayor Lozano's commitment in this case, noting that it should be a Council decision and one that she does not support; noted that it is an expensive program and all programs should be looked at before committing to anything. Director Carrillo noted that there would be no increase to the budget as the hours of the program will be adjusted to accommodate the 4t" day without appropriation of additional funds. Councilmember Rubio noted that speaking before a group of people can be difficult and she expressed her appreciation for everyone's input during Public Communications. Councilmember Pacheco expressed appreciation to Mr. Cook and those that appeared this evening, pointing out that the boxing program has been a very beneficial program. Mayor Pro Tem Garcia commented on the feedback from the community but also noted that the budget must be looked at as a whole before any decisions are made; acknowledged the benefits of the program and hope that all programs are funded. Raul Keyes, Baldwin Park resident, announced that the proponents representing Baldwin Park Citizens United filed a Notice of Intent to File a Petition to submit a referendum which would allow the citizens of Baldwin Park to vote for or against supporting the Baldwin Park Police Department; provided a summary of the petition and voiced hope that Council would make the right decision and support the police department. cJavier Hernandez, representing "Bikes San Gabriel Valley," passed out flyers to notice the community of its plan to promote city-wide bike trails; noted that Kaiser-Permenente has sponsored an event, the "Bike Train," which will focus on the benefits of healthy living; stated that biking events will be held the last Sunday of each month an encouraged everyone to participate. Bob Bmble, reprehensive of Baldwin Park Historical Museum, announced that the Historical Society will be hosting a fund-raising event on June 26, 2013, and noted that it will be a "Cowboy B -B -Q" theme; invited everyone to attend. Art Luna, Baldwin Park resident, questions Item No. 4, Treasurer's Report, on this evening's agenda; opined that funding information for construction projects are not being provided and he feels there should be more financial transparency; pointed out that the descriptions on agendas are too vague and inaccurate; expressed support for the Baldwin Park Police Department; objected to the limit of 3 minutes per speaker. Page 2 of 9 Gustavo Hu z r, introduced himself as candidate for the Planning Commission; summarized he education and experience, and expressed an eagerness to help shape the community. Thomas Kerri, former Baldwin Park resident, opined that the City is bankrupt and needs to finds ways to reduce spending to get back on track; suggested that Council forgo stipends in order to increase available funds for programs that serve the community; suggested that volunteers be assigned to assist in those programs that are in threat of being discontinued in order to reduce spending. Edith Flores, Baldwin Park resident, noted that she is an applicant to the Planning Commission; provided some background about herself and her qualifications; expressed strong desire to improve the community by serving on the Planning Commission. .Tuan Rios, Baldwin Park resident, commented on the proposed referendum to keep the Baldwin Park Police Department; noted that there is often an underlying riff amongst councilmembers; expressed support for the boxing program and the benefit it provide to the youth of the community; opined that Council should be out in the community to show their support for community programs rather than just opening ceremonies. gn Woods, Baldwin Park resident, expressed objection to Ordinance 1290, stating that it is not business -friendly and that is discourages new businesses from coming into Baldwin Park. Alicia Sam hien*, Baldwin Park resident, sought assistance from the Mayor regarding a problem at her home; stated that her grandson was arrested while at her home and was taken away by police; since that time, police officers continuous drive by her home; stated that she is embarrassed by the excessive attention; stated that police officers have been harassing visitors, pulling them over unjustly and asking whether her grandson is in the vehicle; noted that her husband told police that he would call them immediately if his grandson came back. *[Testimony was in Spanish and was translated by the City Clerk, Alejandra Avila]. Unidentified s Baker, Baldwin Park resident, commented on the strong support by community members for the boxing program and suggested that councilmembers put a cap on their paychecks in order to free up funding for local programs; voiced support for keeping the police department intact and value it bring so the community. Greo Tuttle, Baldwin Park business owner, stated that he has been in conversations with many local business owner and they all support keeping the police department intact; opined that Council is unfairly taking funds from community programs to pay themselves; voiced objection for Ordinance 1290, pointing out that the services that are being pushed out by this ordinance are the same services that councilmember use; commented on the proposed downtown projects and the traffic congestion that would be created. Seeing no others wishing to speak, Public Communications closed at 8:32 p.m. Councilmember Garcia commented on one of the speakers who brought up unemployment and objected to the audience's laughter when the topic was brought up. Councilmember Pacheco noted that the amusement was based on a joking comment and was note meant in malice; state that he supports the community filing its initiative and consider how important it is to the community; suggested that council reconsider the County Sheriff's proposal and suspend Phase II until after the vote has been presented to the community. Councilmember Rubio asked the Mayor to reconsider the closing of Public Communications and allow the last person approaching the podium to speak. Mayor Lozano commented on the Council's continued support of the Police Department and his support for presenting the decision to the citizens of the community; stated that the decisions are hard to make but the future of the City is the priority from a financial standpoint as well as a services standpoint; opined that there are underlying campaign tactics. Page 3of9 Mayor Pro Tem Garcia concurred with the Mayor's comments about putting the decision to the vote of the people; opined that indeed it is an underlying campaign tactic. Councilmember Rubio stated that Chris Robles is her campaign manager and asked that Councilmember Garcia and Mayor Pro Tem Garcia quit stated that he is. CONSENT CALENDAR Councilmember Pacheco requested that Item Nos. 1 through 7 be held for discussion. 1. EAST VALLEY BOYS AND GIRLS CLUB - LICENSE AGREEMENT RENEWAL Staff recommends City Council approve the license agreement with the East Valley Boys and Girls Club and authorize the Mayor to complete and process the necessary documents. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to approve the license agreement with the East Valley Boys and Girls Club and authorize the Mayor to complete and process the necessary documents. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 2. PURCHASE OF CELLEBRITE CELLULAR PHONE EXAMINER, UPDATED CORRESPONDING SOFTWARE TECHNOLOGY, AND TRAINING FOR THE DEVICE Staff recommends that the City Council: 1) Waive the formal bidding process pursuant to §34.23C of the Baldwin Park Municipal Code for the purchase of a Cellebrite UFED Touch Ultimate Forensic Device to include one year of licensing for both Logical and Physical updated software, and training to one detective on the operation of the device; 2) Direct the Chief of Police to work in conjunction with the Finance Director to complete a budget appropriation for the amount not to exceed $11,233.00 from account 205-30-360- 58110-00000-2 for restricted purchase of the new Cellebrite UFED Touch Ultimate Device, updated software, and training 3) Authorize the Chief of Police, or her designee, to complete all appropriate documentation to complete the purchases. Councilmember Rubio noted for the record that the funding for this purchase will be provided by Asset Forfeiture funding and will not impact the General Fund. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to: 1) Waive the formal bidding process pursuant to §34.23C of the Baldwin Park Municipal Code for the purchase of a Cellebrite UFED Touch Ultimate Forensic Device to include one year of licensing for both Logical and Physical updated software, and training to one detective on the operation of the device; 2) Direct the Chief of Police to work in conjunction with the Finance Director to complete a budget appropriation for the amount not to exceed $11,233.00 from account 205- 30-360-58110-00000-2 for restricted purchase of the new Cellebrite UFED Touch Ultimate Device, updated software, and training 3) Authorize the Chief of Police, or her designee, to complete all appropriate documentation to complete the purchases. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco Page 4 of 9 3 4. 5. NOES: None. ABSENT: None. ABSTAIN: None. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Councilmember Pacheco expressed objection, however, absent of any explanation. A motion was made by Lozano, seconded by Rubio, and carried (4 — 1) to ratify the attached Warrants and Demands AYES: Lozano, Garcia, Garcia, Rubio NOES: Pacheco. ABSENT: None. ABSTAIN: None. TREASURER'S REPORT: APRIL 2013 Staff recommends that the City Council receive and file the April 2013 Treasurer's Report. Councilmember Pacheco expressed objection to this item opining that the report is inaccurate. A motion was made by Lozano, seconded by Garcia, and carried (4 — 1) to receive and file the April 2013 Treasurer's Report. AYES: Lozano, Garcia, Garcia, Rubio NOES: Pacheco ABSENT: None. ABSTAIN: None. CONSIDERATION TO CANCEL THE LEGISLATIVE BODY MEETING OF JULY 3, 2013 Staff recommends that Council cancel the July 3, 2013 meeting and direct the City Clerk to post the appropriate notices of cancellation. Councilmember Garcia requested that notice be given to the POA to prevent confusion. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to authorize cancellation of the July 3, 2013 meeting and direct the City Clerk to post the appropriate notices of cancellation. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 6. SECOND READING - AMENDMENT TO SECTIONS 39.01, 39.02 AND 39.03 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO DECORUM AT CITY COUNCIL MEETINGS Staff and the City Attorney's Office recommends the City Council introduce by second reading by title only Ordinance No. 1358, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 39.01, 39.02 AND 39.03 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO DECORUM AT CITY COUNCIL MEETINGS." Councilmember Pacheco expressed objection to this item and suggested that a City Policy be developed which would define decorum for Councilmember during City Council meetings. Page 5 of 9 A motion was made by Lozano, seconded by Garcia, and carried (4 — 1) to conduct a second reading by title only and then approve and adopt Ordinance No. 1358, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 39.01, 39.02 AND 39.03 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO DECORUM AT CITY COUNCIL MEETINGS. AYES: Lozano, Garcia, Garcia, Rubio NOES: Pacheco ABSENT: None. ABSTAIN: None. Following approval, Councilmember Garcia stated that the Ordinance is written to apply to Councilmembers as well as members of the public. Councilmember Pacheco noted to the contrary that, at a previous meeting of Council, the City Attorney opined that the Ordinance does not apply to Councilmembers. 7. ADOPTION OF RESOLUTION NO. 2013-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING SAFE HARBORS UNDER THE PATIENT PROTECTION AND AFFORDABLE CARE ACT (ACA). Staff recommends that the City Council approve and adopt Resolution No. 2013-019 a resolution of the City Council of the City of Baldwin Park adopting Safe Harbors under the Patient Protection And Affordable Care Act (ACA). A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to approve and adopt Resolution No. 2013-019 a resolution of the City Council of the City of Baldwin Park adopting Safe Harbors under the Patient Protection And Affordable Care Act (ACA). AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. INA241141 8. CONTINUED FROM JUNE 5, 2013 - CONSIDERATION OF APPOINTMENTS AND/OR REAPPOINTMENTS TO FILL VACANCIES FOR THE HOUSING COMMISSION Staff recommends City Council to review all Commission applications, take nominations and adopt Resolution No. 2013-013 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING INDIVIDUALS TO THE HOUSING COMMISSION OF THE CITY OF BALDWIN PARK TO OFFICE NOS. 1, 2, 3, 4, 5, & 6," subject to satisfactory backgrounds checks through the Department of Justice, as follows: Office No Name 1 2 3 4 5 6 -Tenant 7 - Tenant (age 62+ yrs.) Expiration of Terms June 30, 2014 June 30, 2015 June 30, 2016 PENDING APPLICATIONS A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to re -advertise and accept additional applications, and bring back for Council consideration at a future meeting. Page 6 of 9 9. ADOPTION OF RESOLUTION 2013-017, AUTHORIZING PARTICIPATION IN THE DEVELOPMENT OF A REGIONAL BICYCLE PLAN Staff recommends that City Council appoint Council Member to serve on a Blue Ribbon Committee and adopt the Resolution to participate in the HEAL Bike Plan project. A motion was made by Pacheco to nominate himself, Councilmember Pacheco, as representative to serve on the Blue Ribbon Committee. This motion was seconded by Councilmember Rubio. Councilmember Garcia objected to the motion so Mayor Lozano directed the City Clerk to take the vote by roll call. This motion died with a vote of (2 - 3). AYES: Rubio, Pacheco NOES: Lozano, Garcia, Garcia ABSENT: None. ABSTAIN: None. A motion was made by Garcia to nominate herself, Councilmember Marlen Garcia, as representative to serve on the Blue Ribbon Committee. This motion was seconded by Mayor Lozano. Councilmember Pacheco voiced objection to the motion so Mayor Lozano directed the City Clerk to take the vote by roll call. This motion passed with a vote of (3 — 2). AYES: Lozano, Garcia, Garcia NOES: Rubio, Pacheco ABSENT: None. ABSTAIN: None. A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to adopt Resolution No. 2013-017, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CHIEF EXECUTIVE OFFICER, OR DESIGNEE, TO WORK ON THE SAN GABRIEL VALLEY REGIONAL BICYCLE MASTER PLAN FUNDED BY THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC "HEAL" GRANT." AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None 10. REVIEW OF PLANNING COMMISSION APPLICANTS AND CONSIDERATION OF APPOINTMENTS AND/OR REAPPOINTMENTS TO FILL THE JUNE 2012 SCHEDULED VACANCIES Staff recommends City Council to review all Commission applications, take nominations and adopt Resolution No. 2013-018 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING INDIVIDUALS TO THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK TO OFFICE NUMBER 3, 4, & 5. Councilmember Garcia elected Edith Flores; Mayor Lozano to re-elected Natalie Ybarra and requested that the third seat be re -advertised to generate more applicants. A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to appoint Edith Flores and Natalie Ybarra to the Planning Commission and re -advertise to generate additional applicants for the third available seat on the Commission. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None Page 7 of 9 11. CONSIDERATION OF AN AFFORDABLE HOUSING AGREEMENT WITH ROEM DEVELOPMENT CORPORATION FOR A PROPOSED TRANSIT -ORIENTED MIXED-USE DEVELOPMENT PROJECT BETWEEN RAMONA BLVD AND THE BALDWIN PARK CIVIC CENTER. Staff is recommending the City Council and Successor Agency approves the proposed Affordable Housing Agreement with ROEM Development Corporation and authorize the Mayor to execute the Agreement after final review by the City Attorney. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to approve the proposed Affordable Housing Agreement with ROEM Development Corporation and authorize the Mayor to execute the Agreement after final review by the City Attorney. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. COMMISSION 1. CONSIDERATION OF AN AFFORDABLE HOUSING AGREEMENT WITH ROEM DEVELOPMENT CORPORATION FOR A PROPOSED TRANSIT -ORIENTED MIXED-USE DEVELOPMENT PROJECT BETWEEN RAMONA BLVD AND THE BALDWIN PARK CIVIC CENTER. Staff is recommending the City Council and Successor Agency approves the proposed Affordable Housing Agreement with ROEM Development Corporation and authorize the Mayor to execute the Agreement after final review by the City Attorney. Please reference item #11 on City Council. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to approves the proposed Affordable Housing Agreement with ROEM Development Corporation and authorize the Mayor to execute the Agreement after final review by the City Attorney. AYES: Lozano, Garcia, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL i CITY CLERK / CITY TREASURER 1 STAFF REQUESTS & COMMUNICATIONS Request by Councilmember Ricardo Pacheco for discussion & direction to staff on the following: Send letter of support to our Senators urging them to Pass Bipartisan Comprehensive Immigration Reform Proposal. (Action Alert attached). Councilmember Pacheco voiced his concern regarding immigration reform and sought support for sending a letter to California State Senators urging them to pass the legislative bill pertaining to Bipartisan Comprehensive Immigration Reform Proposal; staff was directed to prepare the letter for signature. Page 8 of 9 ADJOURNMENT There being no other business to discuss, a motion was made by Lozano, seconded by Garcia, to adjourn the meeting at 9:37 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Page 9 of 9 MINUTES BALDWIN PARK CITY COUNCIL SPECIAL MEETING SEPTEMBER 25, 2013, 6:00 P.M. CITY HALL — P Floor Conference Room 307 14403 East Pacific Avenue, Baldwin Park, CA 91706. CALL TO ORDER The meeting was called to order by Mayor Lozano at 6:10 p.m. INVOCATION The invocation was provided by Mayor Pro Tem Garcia. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano, ROLL CALL: Council Member Marlen Garcia Council Member Ricardo Pacheco Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano PUBLIC COMMUNICATIONS None.. STUDY SESSION 1. FISCAL YEAR 2013/2014 PROJECTED BUDGET AND LONG-TERM FINANCIAL PLAN It is recommended that the City Council review the projected budget and the long - Term Financial Plan and provide directions as it deems appropriate to fix City's long-term financial problems. City Manager Vijay Singhal presented to Council an overview of the current Budget Allocations, Projected Budget Allocations and Long -Term Financial Plan. Interim Finance Director Craig Graves continued the presentation to explain specific sections of the budget and how the City's policies effect the current and future budget allocations; noted that the City's current revenue projections fall short of meeting the financial outlay expected over the next few years despite the significant cuts that have been made; answered questions of Council. Margaret McBride and Leticia Segura, representing of Vazquez and Company, the Certified Public Accounting firm that was contracted to assist with auditing the accounting and budget preparation, provided a presentation to Council and explained their findings. Mayor Pro Tem Garcia asked that Ms. McBride provide a summary of the net costs over the next three years for the Police Department and the Sheriff's Department in order to make an "apples to apples" comparison. City Council Special Meeting Minutes 9/25/13 Ms. McBride explained some of the variances between services provided by the Police Department versus the Sheriff's Department services, and noted that the figures provided take into consideration these exceptions. Councilmember Pacheco asked for clarification on the assumptions used to calculate the figures presented for the budget over the next three years; Councilmember Rubio also inquired about the assumptions used when considering cost increases over the next three years, noting that the Sheriff's Department had provide a 3% - 5% anticipated escalation over that time period; Mayor Pro Tem Garcia commented, saying that the presentation provided that historically, increases have been less than 3%. Dialog pertaining to the comparative costs continued and Council was directed to details on the assumptions contained in the budget documents provided. Interim Finance Director Graves continued the presentation, reviewing projected expenditures and revenues in City-wide maintenance and activities; noted that revenue growth will increase but it is not anticipated to increase at the same rate that expenditures increase; pointed out that most tax base levels have risen back to levels seen in 2008 with the exception of utilities, which may be contributed to residents being more energy conscious. Council took a short recess at 7:07 p.m.; Council reconvened with all members present at 7:09 p.m. The presentation continued with a review of staffing levels across all departments; discussion moved to concerns of citizens and Council that are attributed to staff cuts and the reduction of available General Funds; a review of position reclassification, restoration of positions, or fulfillment of previously vacant positions was also discussed to include department requests as well as recommendations based on the need to continue certain programs. Council made inquiries and discussed the implications of projected medical retiree costs, unfunded liabilities and anticipated PERS allocations. Further discussion included cost projections and offsetting cost savings realized by those positions that have not been filled. As the presentation proceeded, discussion moved to restoration of community programs and prioritizing the reinstatement of the programs and events; it was noted that some programs have the potential of securing sponsorship through local business and grant funds; it was also suggested that a collaboration with other local agencies may be considered with the intent of co -sponsoring events and programs that serve the community at a multi -agency level. Final discussion focused on increasing revenues using innovative methods such as establishing a Chamber of Commerce, addressing revitalization of the local economy, and generating interest for new businesses. At the conclusion of discussion, Mayor Lozano thanked staff for the presentation, thanked Council for their participation, and thanked those in the audience for their attendance. ADJOURNMENT The Special Meeting was adjourned at 9:15 p.m. ATTEST; City Clerk Mayor Page 2 of 2 ITEM NO. MINUTES BALDWIN PARK CITY COUNCIL SPECIAL MEETING DECEMBER 16, 2013, 6:00 P.M. CITY HALL — 3rd Floor Conference Room 307 14403 East Pacific Avenue, Baldwin Park, CA 91706. CALL TO ORDER The meeting was called to order by Mayor Lozano at 6:10 p.m. ROLL CALL: Council Member Monica Garcia Council Member Cruz Baca Council Member Susan Rubio Mayor Pro Tem Ricardo Pacheco Mayor Manuel Lozano PUBLIC COMMUNICATIONS None. OPEN SESSION 1. 2013/2014 BUDGET STUDY SESSION RECESS TO CLOSED SESSION Following the conclusion of the Budget Study Session, Council recessed to Closed Session. 2. PUBLIC EMPLOYEES: DISCIPLINE/DISMISSAL/RELEASE (GC §54957) 3. PUBLIC EMPLOYEE APPOINTMENT (GC §54957) Title: Finance Director Title: City Attorney Robert N. Tafoya Tafoya & Garcia LLP RECONVENE IN OPEN SESSION The meeting was reconvened in Open Session with all City Council Members present. REPORT FROM CLOSED SESSION No action was taken on items discussed in Closed Session. ADJOURNMENT The Special Meeting was adjourned at 7:00 p.m. ATTEST: City Clerk Mayor MINUTES ITEM NO. BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING JUNE 3,2015,5:30 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 5:45 p.m. by Mayor Lozano, ROLL CALL PRESENT: Councilmember Ricardo Pacheco Councilmember Monica Garcia (arrived at 6:05 p.m.) Councilmember Susan Rubio Mayor Pro Tem Cruz Baca Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 5:45 p.m. Juan Rios, Baldwin Park resident, commented on the Berkshire Group contract proposal, noting that the charges for service are reasonable and his services have proven to be beneficial; opined that some of the changes have failed because administration of the contract has failed, not because the changes were unwarranted. Seeing no others wishing to speak, Public Communications closed at 5:47 p.m,. OPEN SESSION 1. PRESENTATION BY THE BERKSHIRE GROUP Presentation by Robert Horowitz, Principal of Berkshire Group, to discuss the continuing benefits of Expense Reduction and Cost Control consultant services. Mr. Robert Horowitz, Principal of Berkshire Group, provided an overview of previous accomplishments and a projection of additional opportunities for reorganizing City practices and/or renegotiation of contracts that could provide savings; opined that the success of this undertaking requires dialog unilaterally. Discussion ensued and Mr. Horowitz was asked about adjustments to his compensation and travel expenses; he noted that he has reduced his compensation rate from 20% to 15% of all realized savings; responded to questions regarding his travel expenses, and responded to other questions of Council. 2. CONSIDER OPTIONS FOR THE ECONOMIC DEVELOPMENT POSITION Staff presentation of options available for addressing the need for an Economic Development Project Coordinator. Community Development Director Marc Castagnola provided a narrative of the efforts taken to identify qualified candidates for the Economic Development Project Coordinator and the lack of response by qualified persons; noted that a professional services firm has been identified and the contract agendized for this evening's Consent Calendar, as part of the Regular Meeting; stated that the professional services firm would provide interim support for a period of 4 months while the vacant position is re -advertised and a viable candidate is identified and hired. Director Castagnola concluded his presentation and responded to questions of Council. Page 1 of 2 3. USED CAR DEALERSHIP ORDINANCE Presentation to review the existing Ordinance as it relates to Used Car Dealerships, and consider options for amending the Ordinance including the revision of zoning and development standards. Due to time constraints, Council requested that this item be held and directed staff to bring it back at a future meeting. 1. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6: dess natecl re r entrifives: Shannon Yauchzee; Jimmy Gutierrez E loyqOrganizations: General Unit of Maintenance Employees, SEIU Local 721; Police Officers Association; Professional and Technical Employees Association; Clerical Employees Association; Police Management Employees Association; Classified Confidential Employees Association; Classified Management Employees Association UnM,Lg,,,!jLedErnp&oy c( : City Planner; Housing Authority Manager; Community Development Director; Human Resource Manager; Police Chief; Finance Director; Public Works Director; Recreation and Community Services Director 2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: City of Baldwin Park v. City of Irwindale, Case Number: BS152919 Case Name: Delgado, et al v Ortiz, et al, Case Number: BC540331 Case Name: Hadsell v. City of Baldwin Park, Case Number: BC548602 Case Name: Moore v. City of Baldwin Park, Case Number: BC509688 3. 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): Two (2) ADJOURNMENT There being no further business, motion was made by Lozano, seconded by Baca, to adjourn the meeting at 7:07 p.m. N14001 032 City Attorney Robert Tafoya reported out on Closed Session by stating that, by a unanimous vote of 5-0, Council has approved a settlement with Craig Graves, to provide three months' severance pay with his resignation. City Attorney Tafoya also stated that no reportable action was taken on any other items discussed during Closed Session. A motion was made by Lozano, seconded by Baca, and carried (5 – 0) to adjourn the Closed Session. Mayor ATTEST: City Clerk APPROVED:: Page 2 of 2 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING JUNE 3,2015,7:00 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 Lozano at 7:10 p.m. INVOCATION The invocation was provided by Pastor Jackson, PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano, ROLL CALL MEMBERS PRESENT: Council Member Ricardo Pacheco Council Member Monica Garcia Council Member Susan Rubio Mayor Pro Tem Cruz Baca Mayor Manuel Lozano REPORT ON CLOSED SESSION City Attorney Robert Tafoya reported out on Closed Session by stating that, by a unanimous vote of 5-0, Council has approved a settlement with Craig Graves, to provide three months' severance ($32,500) in exchange for waiver of any and all legal claims against the City. City Attorney Tafoya also stated that no reportable action was taken on any other items discussed during Closed Session. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to adjourn the Closed Session ANNOUNCEMENTS Mayor Pro Tem Baca asked that the meeting be closed in memory of Michele Gutierrez, Associate Director with the Southern California Health Advocacy, who passed suddenly from cancer, and condolences extended to her family; and in the memory of Ms. Baca's cousin, Gilbert Sepeda, who was a member of the City of Irwindale Police Department. Treasurer Contreras requested that the meeting be closed in memory of Mr. Aguilera and extend condolences to his family. Councilmember Garcia asked that the meeting be closed in memory of Angela Ignehias, a long time Baldwin Park resident, and extending condolences to her family and friends; also congratulated Director Carrillo and the Parks and Community Services Department for securing an award of $450,000 in grant money for the Walnut Creek Nature Park. Councilmember Rubio announced that Baldwin Park Unified School District Board of Directors has been recognized as number one in the state of California. PROCLAMATIONS. COMMENDATIONS & PRESENTATIONS Introduction of New City Staff Members. Public Works Director Dan Wall introduced Sam Gutierrez, the new City Engineering Manager; Mr.. Gutierrez provided a brief summary of his background and noted that he is a long time resident of Baldwin Park who came to the City from West Covina. Community Development Director Marc Castagnola introduced Sam Ghaly, who was working in the interim but who has been hired on as a full time staff member and will now serve as the City's Building Official. • Presentation of Certificates of Recognition to 3rd Grade Students of Kenmore Elementary, Room 9 Team Banana Slugs, for the success of their "Milk and Bookies" "book -raising" event. Kenmore Elementary School Teacher Margarita Berdeja provided a PowerPoint presentation to Council and spoke of the efforts of her 3rd Grade students who participated in the book -raising event; Mayor Lozano presented Certificates of Recognition to each student and congratulated all of them for a job well done. • Presentation of Certificates of Recognition to Scholarship Recipients of the Baldwin Park Sister City Association. Mayor Lozano presented Certificates of Recognition to Scholarship Winners and congratulated the recipients of their great achievements. • Presentation of a Certificate of Recognition to the Baldwin Park Women's Club in recognition of over 100 years of service to the community of Baldwin Park. Mayor Pro Tem Baca presented a Certificate of Recognition and expressed gratitude to all of the members of the Baldwin Park Woman's Club for their contribution and keeping the Woman's Club strong for so many years. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:45 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Amanda ;7arato, Baldwin Park resident, commented on the water restrictions being imposed on the residents; requested that Council contact the Postmaster with regard to the post boxes located outside the post office, noting that they are not accessible to those in vehicles and it creates a problem when a driver must exit the vehicle to put mail in the box. Vra Baltta, Baldwin Park resident, sought Council's support for the decision of those employed with Garden View Post -Acute Rehab to form a union. Maria Lena Garcia, Baldwin Park resident and employee of Garden View, spoke in support of efforts to form a union and requested that Council prepare a letter to support their efforts. Rita Garcia, Baldwin Park resident, stated that the traffic control at the intersection of Los Angeles Street and Hornbrook Avenue needs to be addressed by Public Works; noted that it is the only intersection between Maine and the 605 Freeway with a Stop sign rather than traffic signals; opined that people run the Stop sign inadvertently because there is no traffic signal there nor is there any warning of an impending Stop sign; requested that warning lights be installed. Mar arita Vargas, Baldwin Park resident, asked whether there are any plans for the upcoming celebration of Baldwin Park's 601' Anniversary. Thomas Kerri, San Bernardino resident, opined that there is a great deal of fuss over the drought and water issues; commented that a desalinization plant should be built to provide needed water; commented on a recent altercation between a bicycle rider and the driver of a vehicle; also commented on the proposed high-speed train that the Governor would like built between Fresno and San Francisco. Seeing no others wishing to speak, Public Communications closed at 7:52 p.m. Page 2 of 10 CONSENT CALENDAR Mayor Lozano asked that Item Nos. 6 and 14 be held for discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 2. REJECTION OF CLAIMS Staff recommends that Council reject the following claims and direct staff to send the appropriate notice of rejection to claimants: Benitez, Genoveva Claimant alleges damages caused by trip and fall Elizondo, Fred Claimant alleges damages caused by wheelchair tipping over in bus Mondragon, Daniel Claimant alleges damages caused by improper impound Moreno, Jose Claimant alleges damages to gate A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to reject the following claims and direct staff to send the appropriate notice of rejection to claimants. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 3. APPROVAL OF MEETING MINUTES Receive and file: A. Meeting Minutes of the Special Meetings of City Council held on June 10, 2014, June 11, 2014, August 13, 2014, and September 2, 2014. B. Meeting Minutes of the Regular Meeting of City Council held on May 6, 2015. C. Meeting Minutes of the Special and Regular Meeting, and the Finance and Housing Authority Meetings, held on May 20, 2015. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to receive and file the minutes. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 4. APPROVE AN AMENDMENT TO THE AGREEMENT WITH RESTORATION DESIGN GROUP FOR THE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR WALNUT CREEK NATURE PARK. Staff recommends that Council approve and authorize the Mayor to sign the amendment to the Agreement with Restoration Design Group, increasing the agreement amount by $63,870 payable with Quimby and Prop A Grant Funds, for the preparation of construction plans and specifications for Walnut Creek Nature Park, and authorize the Director of Finance to make the appropriate transfers and fund adjustments. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to approve and authorize the Mayor to sign the amendment to the Agreement with Restoration Page 3 of 10 Design Group, increasing the agreement amount by $63,870 payable with Quimby and Prop A Grant Funds, for the preparation of construction plans and specifications for Walnut Creek Nature Park, and authorize the Director of Finance to make the appropriate transfers and fund adjustments AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 5. AUTHORIZE THE PURCHASE OF A POLICE JAIL VAN Staff recommends that Council approve: 1) Waiver of the formal bidding process for the purchase and installation of the emergency equipment pursuant to Municipal Code §34.23(C); and 2) Authorize the Police Department to purchase the new vehicle and equipment through existing contracts, joining on to a cooperative purchasing contract or through authorized purchasing procedures; and 3) Direct the Director of Finance to take the necessary action to make the required budget transfers and amendments for the additional $5,507.76, to account 205-30-370-58110-00000, for the restricted purchase of a new Police Department vehicle and equipment to upgrade the Police Department's Jail Operations; and 4) Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchase. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to: 1) Waiver of the formal bidding process for the purchase and installation of the emergency equipment pursuant to Municipal Code §34.23(C); and 2) Authorize the Police Department to purchase the new vehicle and equipment through existing contracts, joining on to a cooperative purchasing contract or through authorized purchasing procedures; and 3) Direct the Director of Finance to take the necessary action to make the required budget transfers and amendments for the additional $5,507.76, to account 205-30- 370-58110-00000, for the restricted purchase of a new Police Department vehicle and equipment to upgrade the Police Department's Jail Operations; and 4) Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchase. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 6. AUTHORIZE THE PURCHASE OF POLICE VEHICLES WITH FEDERAL ASSET FORFEITURE FUNDS Staff recommends that Council approve: 1) Waiver of the formal bidding process for the purchase of three (3) police vehicles and the installation of the emergency equipment pursuant to Municipal Code §34.23(C); and 2) Authorize the Police Department to work in conjunction with the Public Works Department to purchase the new vehicles; and 3) Authorize the Director of Finance to complete a budget amendment for an amount not to exceed $107,937.15 from account 205-30-360-58110, and designate said amount for restricted purchase of the new police vehicles; and 4) Authorize the Chief of Police, or his designee, to complete all appropriate documentation to Page 4 of 10 7.. complete the purchase. City Attorney Robert Tafoya announced that, because this item was based on Code Section 34.23(c), passage requires a 4/5 in favor in order to approve this item. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to: 1) Waiver of the formal bidding process for the purchase of three (3) police vehicles and the installation of the emergency equipment pursuant to Municipal Code §34.23(C); and 2) Authorize the Police Department to work in conjunction with the Public Works Department to purchase the new vehicles; and 3) Authorize the Director of Finance to complete a budget amendment for an amount not to exceed $107,937.15 from account 205-30-360-58110, and designate said amount for restricted purchase of the new police vehicles; and 4) Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchase. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. APPROVE THE AFFIRMATIVE FAIR HOUSING MARKETING PLAN — ROEM DEVELOPMENT LINK AFFORDABLE HOUSING PROJECT Staff recommends that Council approve the Affirmative Fair Housing Marketing Plan for the ROEM Development Link Affordable Housing Project. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to approve the Affirmative Fair Housing Marketing Plan for the ROEM Development Link Affordable Housing Project. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. INTRODUCE AND CONDUCT A FIRST READING, BY TITLE ONLY AND WAIVE FURTHER READING OF ORDINANCE 1375, ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 91.40 OF CHAPTER 91, TITLE IX, GENERAL REGULATIONS, OF THE BALDWIN PARK MUNICIPAL CODE." Staff recommends that Council conduct a first reading, by title only, and waive further reading to introduce Ordinance 1375, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 91.40 OF CHAPTER 91, TITLE IX, GENERAL REGULATIONS, OF THE BALDWIN PARK MUNICIPAL CODE." A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to conduct a first reading, by title only, and waive further reading to introduce Ordinance 1375, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 91.40 OF CHAPTER 91, TITLE IX, GENERAL REGULATIONS, OF THE BALDWIN PARK MUNICIPAL CODE." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. Page 5 of 10 9. APPROVAL OF RESOLUTIONS CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2015, AND TO REQUEST APPROVAL FROM THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE LOS ANGELES COUNTY UNIFORM DISTRICT ELECTION Staff recommends that Council: 1) Waive further reading, read by title only and adopt Resolution No. 2015-068 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES;" 2) Waive further reading, read by title only and adopt Resolution No. 2015-069 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2013, WITH THE LOS ANGELES COUNTY'S UNIFORM DISTRICT ELECTION (UDEL - SCHOOL ELECTION) TO BE HELD ON THE DATE PURSUANT TO §10403 OF THE ELECTIONS CODE." A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to: 1) Waive further reading, read by title only and adopt Resolution No. 2015-068 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES;" 2) Waive further reading, read by title only and adopt Resolution No. 2015-069 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2013, WITH THE LOS ANGELES COUNTY'S UNIFORM DISTRICT ELECTION (UDEL - SCHOOL ELECTION) TO BE HELD ON THE DATE PURSUANT TO §10403 OF THE ELECTIONS CODE." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 10. APPROVE A REQUEST FOR A CONDITIONAL USE PERMIT FOR OFF-SITE SALES OF BEER AND WINE IN CONJUNCTION WITH A CONVENIENCE STORE WITHIN THE FREEWAY COMMERCIAL SIERRA VISTA OVERLAY ZONE AND ADOPT RESOLUTION NO. 2015-063, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK (1) ADOPTING THE FINDINGS OF FACT; (2) APPROVING THE ISSUANCE OF A PUBLIC CONVENIENCE OR NECESSITY; AND (3) APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE OFF-SITE SALES OF BEER AND WINE IN CONJUNCTION WITH A CONVENIENCE STORE PURSUANT TO SECTION 153.120.050.A.1 OF THE CITY'S MUNICIPAL CODE. (LOCATION: 3160 BALDWIN PARK BLVD.; APPLICANT: BOB ABBOTT WITH STANTEC ARCHITECTURE REPRESENTING CHEVRON CORPORATION; CASE NUMBER: CP -818)" Staff recommends that Council approve and adopt Resolution No. 2015-063, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK (1) ADOPTING THE FINDINGS OF FACT; (2) APPROVING THE ISSUANCE OF A PUBLIC CONVENIENCE OR Page 6 of 10 NECESSITY; AND (3) APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE OFF-SITE SALES OF BEER AND WINE IN CONJUNCTION WITH A CONVENIENCE STORE PURSUANT TO SECTION 153.120.050.A.1 OF THE CITY'S MUNICIPAL CODE. (LOCATION: 3160 BALDWIN PARK BLVD.; APPLICANT: BOB ABBOTT WITH STANTEC ARCHITECTURE REPRESENTING CHEVRON CORPORATION; CASE NUMBER: CP -818)." A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to approve and adopt Resolution No. 2015-063 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK (1) ADOPTING THE FINDINGS OF FACT; (2) APPROVING THE ISSUANCE OF A PUBLIC CONVENIENCE OR NECESSITY; AND (3) APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE OFF-SITE SALES OF BEER AND WINE IN CONJUNCTION WITH A CONVENIENCE STORE PURSUANT TO SECTION 153.120.050.A.1 OF THE CITY'S MUNICIPAL CODE. (LOCATION: 3160 BALDWIN PARK BLVD.; APPLICANT: BOB ABBOTT WITH STANTEC ARCHITECTURE REPRESENTING CHEVRON CORPORATION; CASE NUMBER: CP - 818)." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 11. APPROVE AND ADOPT RESOLUTION NO. 2015-074, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2015-2016, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING." Staff recommends that Council approve and adopt Resolution No. 2015-074, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2015-2016, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING." A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to approve and adopt Resolution No. 2015-074, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2015-2016, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 12. APPROVE AND ADOPT RESOLUTION NO. 2015-075, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2015-2016, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING" Staff recommends that Council approve and adopt Resolution No. 2015-075, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2015-2016, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING." Page 7 of 10 A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to approve and adopt Resolution No. 2015-075, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2015-2016, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 13. APPROVE AND AUTHORIZE THE GRANT FUND APPLICATION 2012 -DJ -BS -1183 Staff recommends that Council approve and authorize the application for Grant Funds in the amount of $20,838, as provided by the Department of Justice, Bureau of Justice Assistance, Award Number 2012 -DJ -BX -1183, to be used for the reimbursement of funds used from the Asset Forfeiture Account (Fund 270.30.350.5811.000000.2) to purchase technical services and equipment for the Police Department's Emergency Command Post Vehicle. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) approve and authorize the application for Grant Funds in the amount of $20,838, as provided by the Department of Justice, Bureau of Justice Assistance, Award Number 2012 -DJ -BX -1183, to be used for the reimbursement of funds used from the Asset Forfeiture Account (Fund 270.30.350.5811.000000.2) to purchase technical services and equipment for the Police Department's Emergency Command Post Vehicle. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 14. APPROVE THE REVISED PROPOSAL FOR COLLECTION SERVICES Staff recommends that Council approve the revised proposal from Credit Bureau Associates to provide services for the collecting of delinquent payments owed to the City and authorize the City Attorney to prepare the appropriate contract, incorporating the proposal, and authorize the Mayor to sign said contract. Mayor Lozano noted that he has some questions about the contract and would like staff to provide additional information; requested that this item be held over and brought back at the Council Meeting of July 1, 2015. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to hold this item and bring it back at the Council Meeting of July 1, 2015. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None PUBLIC HEARING 15. CONDUCT A PUBLIC HEARING FOR FISCAL YEAR 2015/2016 BUDGET AND SET A DATE CERTAIN OF JUNE 10, 2015, TO CONTINUE THE PUBLIC HEARING AND CONDUCT A STUDY SESSION AND SPECIAL MEETING FOR THE SAME PURPOSE Staff recommends that the Mayor open the Public Hearing to take public comments and, as deemed necessary, continue the hearing to a Special Meeting/Study Session for the Fiscal Year 2015/16 Budget, to be held on June 10, 2015. Mayor Lozano opened the Public Hearing at 7:59 p.m. and invited those wishing to speak in support of the item to step forward and be heard. Page 8 of 10 Seeing no one wishing to be heard, Mayor Lozano the invited those wishing to speak against the item to step forward and be heard. Seeing no one wishing to be heard, Mayor Lozano closed the testimony portion of the Public Hearing at 8:00 p.m. Mayor Lozano then directed that the Public Hearing be continued to a date certain of June 10, 2015. REPORTS OF OFFICERS 16. RENEWAL OF AN AGREEMENT WITH THE BERKSHIRE GROUP FOR FINANCIAL CONSULTING Staff recommends that Council approve the extension of the contract with The Berkshire Group for an additional one year period and authorize the Mayor to sign the Renewal documents. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to approve the extension of the contract with The Berkshire Group for an additional one year period and authorize the Mayor to sign the Renewal documents. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 17. APPROVE THE PROPOSAL FOR RECLASSIFICATION OF THE ECONOMIC PROJECT COORDINATOR POSITION TO A MANAGEMENT ANALYST POSITION FOR RECRUITMENT AND RETAIN A PROFESSIONAL CONSULTANT TO PROVIDE ECONOMIC DEVELOPMENT SERVICES Staff recommends that Council: 1) Approve the reclassification of the Economic Project Coordinator position to a Management Analyst position, with a monthly salary range of $3,926 - $5,262, and re -advertise the position; and 2) Direct staff and the City Attorney to negotiate and prepare a contract for Professional Consultant Services for Economic Development with AIM Consulting Services for an initial term of 4 months, with the option for additional quarterly renewals as needed, and authorize the Mayor to sign the resulting contract. Councilmember Rubio expressed the desire to have a Request For Proposals (RFP) prepared and advertised in order to invite additional firms to compete for the best and lowest bid on the contract. Mayor Pro Tem requested that the contract be modified to present a specific outline of duties to be performed and to require that the firm provide monthly status reports on the work performed. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to approve 1) the reclassification of the Economic Project Coordinator position to a Management Analyst position, with a monthly salary range of $3,926 - $5,262, and re -advertise the position. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to 2) direct staff and the City Attorney to negotiate and prepare a contract for Professional Consultant Services for Economic Development with AIM Consulting Services for an Page 9 of 10 initial term of 4 months, including modifications requested by Mayor Pro Tem Baca to present a specific outline of duties to be performed and to require that the firm provide monthly status reports on the work performed, the option for additional quarterly renewals as needed, and authorize the Mayor to sign the resulting contract. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 18. REVIEW OF CURRENT APPLICATIONS AND CONSIDERATION OF APPOINTMENT, REAPPOINTMENT, OR REMOVAL OF MEMBERS OF VARIOUS CITY COMMISSIONS Staff recommends that Council review the submitted Commission applications, accept nominations, authorize staff to initiate the appropriate background checks through the Department of Justice (DOJ) and, contingent upon satisfactory clearance by the DOJ, appoint individuals to the respective City Commissions and adopt, the following Resolutions: 1) Resolution No. 2015-070, entitled, "A Resolution of the City Council of the City of Baldwin Park Appointing Individuals to the Planning Commission of the City of Baldwin Park, to Office Numbers 1, 2, 3, 4 and 5;" 2) Resolution No. 2015-071, entitled, "A Resolution of the City Council of the City of Baldwin Park Appointing Individuals to the Personnel Commission of the City of Baldwin Park, to Office Numbers 1, 2, 3, 4 and 5;" 3) Resolution No. 2015-072, entitled, "A Resolution of the City Council of the City of Baldwin Park Appointing Individuals to the Recreation & Community Services Commission of the City of Baldwin Park, to Office Numbers 1, 2, 3, 4, 5, 6, 7 and 8;" 4) Authorize staff to re -advertise to solicit applications for the Housing Commission of the City of Baldwin Park, for Office Numbers 1 and 2, the term of which expires on June 30, 2015, but for which no applications were received; and 5) At this time the City Council could also consider the removal and or replacement of any commissioners consistent with and pursuant to BPMC Section 32.09. Mayor Lozano requested that this item be held over and brought back at the City Council meeting of July 1, 2015. A motion was made by Lozano, seconded by Baca, and carried (0 — 0) to ratify hold this item and bring it back at the Council Meeting of July 1, 2015 AYES: Lozano, Baca, 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 Lozano, seconded by Garcia, to adjourn the meeting at 8:06 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Page 10 of 10 ITEM NO. MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING JUNE 10, 2015,6:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 6:17 p.m. by Mayor Pro Tem Baca. ROLL CALL PRESENT: Councilmember Susan Rubio Mayor Pro Tem Cruz Baca ABSENT: Councilmember Ricardo Pacheco Councilmember Monica Garcia Mayor Manuel Lozano OPEN SESSION Mayor Pro Tem announced at 6:19 p.m. that the Public Hearing will be continued to the date certain of June 23, 2015, and the remainder of the meeting will be cancelled due to lack of quorum. CLOSED SESSION None. ADJOURNMENT There being no further business, the meeting was adjourned at 6:19 p.m. Mayor ATTEST: City Clerk APPROVED: Page 1 of 1 ITEM NO. MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING JUNE 23, 2015, 6:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 6:11 p.m. by Mayor Lozano. ROLL CALL PRESENT: Councilmember Ricardo Pacheco Councilmember Monica Garcia Councilmember Susan Rubio Mayor Pro Tem Cruz Baca Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 6:11 p.m. Ken Woods, Baldwin Park resident, expressed appreciation to Council for attending this special meeting and the anticipation of providing a viable fiscal budget for the City. Seeing no others wishing to speak, Public Communications closed at 6:13 p.m. OPEN SESSION CONTINUED PUBLIC HEARING FROM JUNE 10 2015 Mayor Lozano opened the Public Hearing at 6:13 p.m. and invited all those within to speak in favor of the proposed budget to come forward and be heard. Seeing no one wishing to speak, Mayor Lozano invited all those wishing to speak in opposition to the proposed budget to come forward and be heard. Seeing no one come forward, Mayor Lozano closed the Public Hearing at 6:13 p.m. 1. FISCAL YEAR 2015/2016 PROPOSED BUDGET 1) Introduction and Overview of General Fund Budget FY 2015/16 2) Review of Projected General Fund Revenues 3) Departmental Reviews and Presentations a) Police Department b) Neighborhood Safety Services c) Recreation & Community Services Page 1 of 3 4) Departmental and Special Revenue Funds Reviews and Presentations a) Public Works i. Park Maintenance District ii. Landscape and Lighting District iii. Gas Tax iv. Measure A v. Measure C vi. Measure R vii. Capital Projects b) Community Development c) Housing Authority d) Administration e) Finance & Non -Departmental 5) Other Budget Matters 6) City Council Comments and Discussion City Manager Shannon Yauchzee began the presentation by introducing Terry Shea, serving as the Interim Finance Director, followed by a narrative of the City's previous year's appropriations and expenditures, followed by a summary of the proposed budget for the upcoming fiscal year; Mr. Yauchzee noted some of the programs that are anticipated to be reinstated, some City positions that will be opened for hiring or that will be converted from part-time to full time positions, and presented options to Council of additional events or programs that could be reinstated. Following Mr. Yauchzee's general presentation, department heads briefly narrated PowerPoint slides specific to their department and answered questions from Council. Following the presentation, Council discussion ensued regarding which programs may be reinstated and how budget funds would be impacted by any one or combination of events upon reinstatement. Council expressed the desire to reinstate the "Celebrate Baldwin Park" parade, possible having it sometime around Founder's Day. Council also expressed a desire to hold a State of the City Address in order to bring the citizens up to date on where the City is at and what Council envisions for the future of Baldwin Park. Discussions went on with regard to funding of each of these events and a suggestion was made to approve partial funding for the State of the City Address, and then tasking staff with seeking sponsorships or other supportive funding for the remainder. A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to reinstate the "Celebrate Baldwin Park" parade and the State of the City Address. Council was notified that the necessary adjustments would be made to the budget and that a final budget, along with the associated Resolutions, would be presented for Council approval at the next regularly scheduled Council meeting. Following the conclusion of the presentation, Council adjourned to Closed Session. Page 2 of 3 2. CONFERENCE WITH LABOR NEGOTIATIONS Pursuant to Government Code Section 54957.6: A on dg- iced re re e itatiy : Shannon Yauchzee; Robert N. Tafoya EmployEmploye,e Or ni ations: 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 UnLep r e t ___ rte( : City Planner; Housing Authority Manager; Community Development Director; Human Resource Manager; Police Chief; Finance Director; Public Works Director; Recreation and Community Services Director 3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Section 54956.9: Case Name: City of Baldwin Park v. City of Irwindale, Case Number: BS152919 Case Name: Paul Cook v. City of Baldwin Park, Case Number: 2:15 -CV -4163 4. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: Potential Case(s): One (1) REPORT ON CLOSED SESSION Council reconvened and Mayor Lozano announced that no reportable action was taken on items discussed during Closed Session. ADJOURNMENT There being no further business, the meeting adjourned at 7:45 p.m. Mayor ATTEST: City Clerk APPROVED:. Page 3of3 ITEM NO. MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING JULY 1, 2015, 5:30 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 5:40 p.m. by Mayor Pro Tem Baca. ROLL CALL PRESENT: Councilmember Susan Rubio Mayor Pro Tem Cruz Baca ABSENT: Councilmember Ricardo Pacheco Councilmember Monica Garcia Mayor Manuel Lozano Mayor Pro Tem Baca announced that, because there is no quorum, the meeting is cancelled.. PUBLIC COMMUNICATIONS None — Meeting Cancelled Due To Lack of Quorum. OPEN SESSION None — Meeting Cancelled Due To Lack of Quorum. RECESS TO CLOSED SESSION None — Meeting Cancelled Due To Lack of Quorum.. REPORT ON CLOSED SESSION None — Meeting Cancelled Due To Lack of Quorum, ADJOURNMENT There being no quorum, Mayor Pro Tem adjourned the meeting at 5:41 p.m. to the next regularly scheduled meeting which will be held on July 15, 2015. Mayor ATTEST: City Clerk APPROVED: Page 1 of 1 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING JULY 1, 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 Tem Baca at 7:00 p.m. INVOCATION None. Meeting was adjourned due to lack of quorum. PLEDGE OF ALLEGIANCE None. Meeting was adjourned due to lack of quorum. ROLL CALL MEMBERS PRESENT: Mayor Pro Tem Cruz Baca Council Member Susan Rubio MEMBERS ABSENT: Council Member Ricardo Pacheco Council Member Monica Garcia Mayor Manuel Lozano REPORT ON CLOSED SESSION None. Meeting was adjourned due to lack of quorum. ANNOUNCEMENTS Mayor Pro Tem announced that, due to a lack of quorum, the Public Hearings scheduled for this evening will be continued to the next regularly scheduled Council meeting which will be held on Wednesday, July 15, 2015, at 7:00 p.m. Following this announcement, the meeting was adjourned due to lack of quorum. PROCLAMATIONS COMMENDATIONS &PRESENTATIONS None. PUBLIC COMMUNICATIONS None. Meeting was adjourned due to lack of quorum. CONSENT CALENDAR Consent Items were not heard or approved due to lack of quorum. All items are to be carried to the next regularly scheduled City Council Meeting. 1. WARRANTS AND DEMANDS Staff recommends that Council ratify the attached Warrants and Demands Register. 2. MEETING MINUTES Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Special and Regular City Council Meetings held on February 20, 2013. B. Meeting Minutes of the Special and Regular City Council Meetings held on March 6, 2013. C. Meeting Minutes of the Special and Regular City Council Meetings held on March 20, 2013. D. Meeting Minutes of the Special and Regular City Council Meetings held on April 3, 2013, E. Meeting Minutes of the Special and Regular City Council Meetings held on April 17, 2013. F. Meeting Minutes of the Special and Regular City Council Meetings held on May 1, 2013. G. Meeting Minutes of the Special and Regular City Council Meetings held on May 15, 2013. H. Meeting Minutes of the Special and Regular City Council Meetings held on June 3, 2015. I. Meeting Minutes of the Special City Council Meetings held on June 10, 2015. 3. APPROVE THE BARNES PARK AND WALNUT CREEK NATURE PARK YOUTH EMPLOYMENT PLAN Staff recommends that Council approve the Youth Employment Plan to meet requirements of the Los Angeles County Regional Park and Open Space District policy on employment of at -risk youth. 4. NOTICE OF COMPLETION — CITYWIDE SIDEWALK IMPROVEMENTS PROJECT Staff recommends that Council: 1) Accept the construction improvements by Moreno Engineering, Inc., and authorize the recordation of a Notice of Completion; and 2) Authorize the payment of $21,263.34 in retention funds to Moreno Engineering, Inc., upon expiration of the 35 -day notice period. 5. NOTICE OF COMPLETION — CITYWIDE STEET SIGN REPLACEMENT PROJECT Staff recommends that Council: 1) Accept the construction improvements by Aegis ITS, Inc., and authorize the recordation of a Notice of Completion; and 2) Authorize the payment of $6,922.87 in retention funds to Aegis ITS, Inc., upon expiration of the 35 -day notice period. Page 2 of 6 6. CONDUCT A SECOND READING, BY TITLE ONLY AND WAIVE FURTHER READING, AND FOLLOWING SUCH READING, ADOPT ORDINANCE 1375, ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 91.40 OF CHAPTER 91, TITLE IX, GENERAL REGULATIONS, OF THE BALDWIN PARK MUNICIPAL CODE." Staff recommends that Council conduct a second reading, by title only and waive further reading, and following such reading, adopt Ordinance 1375, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 91.40 OF CHAPTER 91, TITLE IX, GENERAL REGULATIONS, OF THE BALDWIN PARK MUNICIPAL CODE." 7. CONSIDERATION AND AUTHORIZATION TO SUBMIT THE DRAFT ENHANCED WATERSHED MANAGEMENT PROGRAM FOR THE UPPER SAN GABRIEL RIVER WATERSHED MANAGEMENT GROUP TO THE LOS ANGELES REGIONAL WATER QUALITY CONTROL BOARD Staff recommends that Council authorize the Chief Executive Officer to sign a Letter of Authorization allowing the County of Los Angeles to submit the Draft Enhanced Watershed Management Program to the Los Angeles Regional Water Quality Control Board on the City's behalf. 8. APPROVE A PROPOSAL FOR COLLECTIONS SERVICES Staff recommends that Council approve the proposal submitted by Credit Bureau Associates and direct the City Attorney to prepare the appropriate contract incorporating the proposal, and authorize the Mayor to sign all necessary documents. 9. AUTHORIZE THE CITY TO ENTER INTO AN AGREEMENT WITH THE BALDWIN PARK UNIFIED SCHOOL DISTRICT FOR PUBLISHING IN THE BALDWIN PARK NOW Staff recommends that Council approve the agreement between the City of Baldwin Park and the Baldwin Park Unified School District to provide for publication of bi-lingual articles and notices in the Baldwin Park NOW. 10. APPROVE OF ANNUAL STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2015/2016 Staff recommends that Council receive and file the Statement of Investment Policy for Fiscal Year 2015/2016. PUBLIC HEARINGS Due to a lack of quorum, all Public Hearing items are continued to the next regular City Council meeting to be held on July 15, 2015, at 7:00 p.m. 11. ADOPTION OF THE BUDGET FOR FISCAL YEAR 2015/2016 FOR THE CITY OF BALDWIN PARK, FINANCE AUTHORITY, HOUSING AUTHORITY AND SUCCESSOR AGENCY That the Mayor and City Council approve the Fiscal Year 2015-2016 Budget for the City, by approving Resolutions for the City, Housing Authority, Finance Authority and the Successor Agency; or that the Mayor and City Council approve Resolutions authorizing a continuing appropriation for the temporary use of the 2014-15 budget for fiscal year 2015-16, pending final approval of the 2015-16 budget. Page 3 of 6 12. PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2015-076 ORDERING THE ASSESSMENT FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2015-2016 Staff recommends that Council conduct a Public Hearing and, after considering relevant testimony, waive further reading and read by title only, and adopt Resolution No. 2015- 076, entitled "A Resolution of the City Council of the City of Baldwin Park, California, ordering the annual levy and collection of assessments associated with the Citywide Park Maintenance Assessment District for FY2015-2016, and authorizing the Los Angeles County Assessor to add this special assessment to the property tax bills." 13. PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2015-077 ORDERING THE ASSESSMENT FOR THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY2015-2016. Staff recommends that Council conduct a Public Hearing and, after considering relevant testimony, waive further reading and read by title only, and adopt Resolution No. 2015- 077 entitled "A Resolution of the City Council of the City of Baldwin Park, California, ordering the annual levy and collection of assessments associated with the Citywide Landscaping and Lighting Maintenance Assessment District for FY2015-2016, and authorizing the Los Angeles County Assessor to add this special assessment to the property tax bills." 14. CONDUCT A PUBLIC HEARING TO CONSIDER A REQUEST FOR CONSIDERATION OF A PROPOSED AMENDMENT TO THE CITY'S MUNICIPAL CODE ADDING LANGUAGE RELATING TO COTTAGE FOOD OPERATIONS IN ACCORDANCE WITH STATE LAW. (LOCATION: ALL RESIDENTIAL ZONES; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: AZC-176) Staff recommends that Council conduct a Public Hearing to consider a request of a Proposed Amendment to the City's Municipal Code Adding Language Relating to Cottage Food Operations in Accordance with State Law (Location: All Residential Zones; Applicant: City of Baldwin Park; Case Number: AZC-176), and following the hearing, introduce and read, by title only, Ordinance No. 1374, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK TO AMENDING BALDWIN PARK MUNICIPAL CODE CHAPTER 153.220 AND 153.120 TO ESTABLISH REGULATIONS FOR COTTGE FOOD OPERATIONS." 15. APPOINTMENT OF VOTING DELEGATES FOR 2015 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE — ANNUAL BUSINESS MEETING Staff recommends that Council appoint a voting delegate and up to two alternate voting delegates to represent the City of Baldwin Park at the Annual Business Meeting to be held at the 2015 League of California Cities Annual Conference. 16. REVIEW OF CURRENT APPLICATIONS AND CONSIDERATION OF APPOINTMENT, REAPPOINTMENT, OR REMOVAL OF MEMBERS OF VARIOUS CITY COMMISSIONS Staff recommends that Council review the submitted Commission applications, accept nominations, authorize staff to initiate the appropriate background checks through the Page 4 of 6 Department of Justice (DOJ) and, contingent upon satisfactory clearance by the DOJ, appoint individuals to the respective City Commissions and adopt, the following Resolutions: 1) Resolution No. 2015-070, entitled, "A Resolution of the City Council of the City of Baldwin Park Appointing Individuals to the Planning Commission of the City of Baldwin Park, to Office Numbers 1, 2, 3, 4 and 5;" 2) Resolution No. 2015-071, entitled, "A Resolution of the City Council of the City of Baldwin Park Appointing Individuals to the Personnel Commission of the City of Baldwin Park, to Office Numbers 1, 2, 3, 4 and 5;" 3) Resolution No. 2015-072, entitled, "A Resolution of the City Council of the City of Baldwin Park Appointing Individuals to the Recreation & Community Services Commission of the City of Baldwin Park, to Office Numbers 1, 2, 3, 4, 5, 6, 7 and 8;" 4) Authorize staff to re -advertise to solicit applications for the Housing Commission of the City of Baldwin Park, for Office Numbers 1 and 2, the term of which expires on June 30, 2015, but for which no applications were received; and 5) At this time the City Council could also consider the removal and or replacement of any commissioners consistent with and pursuant to BPMC Section 32.09. 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. SA -1. ADOPTION OF THE BUDGET FOR FISCAL YEAR 2015/2016 FOR THE CITY OF BALDWIN PARK, FINANCE AUTHORITY, HOUSING AUTHORITY AND SUCCESSOR AGENCY That the Mayor and City Council approve the Fiscal Year 2015-2016 Budget for the City, by approving Resolutions for the City, Housing Authority, Finance Authority and the Successor Agency; or that the Mayor and City Council approve Resolutions authorizing a continuing appropriation for the temporary use of the 2014-15 budget for fiscal year 2015-16, pending final approval of the 2015-16 budget. SA -2. APPROVE OF ANNUAL STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2015/2016 Staff recommends that Council receive and file the Statement of Investment Policy for Fiscal Year 2015/2016. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &. COMMUNICATIONS Request by Mayor Pro Tem Cruz Baca for discussion and direction to staff on the following: • Mayor Pro Tem Baca is requesting that direction be provided to staff to implement a plan to install flag banners on Maine Street and Ramona Boulevard during the time period between Memorial Day and the July 4'h, beginning next year. Page 5 of 6 • Mayor Pro Tem Baca is requesting that direction be provided to staff to bring back information on adopting City Council Standing Rules / Rules of Conduct to a future Study Session for consideration and adoption. Request by Councilmember Susan Rubio for discussion and direction to staff on the following: • Councilmember Rubio is requesting that direction be provided to staff to implement a program to honor the Memorial Day weekend by accepting submission of names of Baldwin Park Resident Veterans to be displayed on the Morgan Park Marquis, and have a large wreath placed on the Morgan Park Veterans Memorial. ADJOURNMENT The meeting adjourned at 7:03 p.m. All consent items and Public Hearing items were continued to the next regularly scheduled City Council meeting, to be held on July 15, 2015, at 7:00 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Page 6 of 6 MINUTES BALDWIN PARK FINANCE AUTHORITY SPECIAL MEETING JULY 1, 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 Pro Tem Baca at 7:00 p.m. ROLL CALL Members resent: Mayor Pro Tem Cruz Baca Council Member Susan Rubio Members Absent: Council Member Ricardo Pacheco Council Member Monica Garcia Mayor Manuel Lozano PUBLIC COMMUNICATIONS None. Meeting adjourned due to lack of quorum. CONSENT CALENDAR. Consent items were not heard or voted upon due to lack of quorum. 1. ADOPTION OF THE BUDGET FOR FISCAL YEAR 2015/2016 FOR THE CITY OF BALDWIN PARK, FINANCE AUTHORITY, HOUSING AUTHORITY AND SUCCESSOR AGENCY That the Mayor and City Council approve the Fiscal Year 2015-2016 Budget for the City, by approving Resolutions for the City, Housing Authority, Finance Authority and the Successor Agency; or that the Mayor and City Council approve Resolutions authorizing a continuing appropriation for the temporary use of the 2014-15 budget for fiscal year 2015-16, pending final approval of the 2015-16 budget. 2. APPROVE OF ANNUAL STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2015/2016 Staff recommends that Council receive and file the Statement of Investment Policy for Fiscal Year 2015/2016. ENT Mayor Pro Mem Baca adjourned the meeting to the next regularly scheduled meeting to be held on Wednesday, July 15, 2015, at 7:00 p.m. Mayor ATTEST; City Clerk APPROVED: MINUTES BALDWIN PARK HOUSING AUTHORITY SPECIAL MEETING JULY 1, 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 Pro Tem Baca at 7:00 p.m. ROLL CALL Members present: Mayor Pro Tem Cruz Baca Council Member Susan Rubio Members Absent: Council Member Ricardo Pacheco Council Member Monica Garcia Mayor Manuel Lozano PUBLIC COMMU�NICATIONS None. Meeting adjourned due to lack of quorum. CONSENT CALENDAR Consent items were not heard or voted upon due to lack of quorum. 1. ADOPTION OF THE BUDGET FOR FISCAL YEAR 2015/2016 FOR THE CITY OF BALDWIN PARK, FINANCE AUTHORITY, HOUSING AUTHORITY AND SUCCESSOR AGENCY That the Mayor and City Council approve the Fiscal Year 2015-2016 Budget for the City, by approving Resolutions for the City, Housing Authority, Finance Authority and the Successor Agency; or that the Mayor and City Council approve Resolutions authorizing a continuing appropriation for the temporary use of the 2014-15 budget for fiscal year 2015-16, pending final approval of the 2015-16 budget. 2. APPROVE OF ANNUAL STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2015/2016 Staff recommends that Council receive and file the Statement of Investment Policy for Fiscal Year 2015/2016. ADJOURNMENT Mayor Pro Tem Baca adjourned the meeting to the next regularly scheduled meeting to be held on Wednesday, July 15, 2015, at 7:00 p.m. Mayor ATTEST: City Clerk APPROVED: STAFF REPORT HUB of , a SA,o IEE "VALI.FY,, � SUMMARY TO: FROM: DATE: SUBJECT: ITEM NO. 4 Honorable Mayor and City Council Shama P. Curian, Human Resources Manager July 15, 2015 Claim Rejection 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. RECOMMENDATION Staff recommends City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimants: Vasquez, Javier Claimant alleges non-functioning street lights when he was struck by car Lozadu, Juan Claimant alleges tree branch damaged car windshield 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. LEGAL REVIEW Any specific questions should be referred to the City Attorney. BACKGROUND 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. ALTERNATIVES None. ITEM NO. STAFF ,PORT„���,,� 11 XLDW,, TO: Honorable Mayor and Members of the City Council HU9OFA . T,� FROM: Manuel Carrillo Jr., Director of Recreation & Community Servic m say L ` DATE: July 15, 2015 E SUBJECT: APPROVAL OF BARNES PARK AND WALNUT CREEK NATURE PtD PARK YOUTH EMPLOYMENT PLAN Th suARY staff report request approval of a Youth Employment Plan for Walnut Creek Nature Park and Barnes Park with Los Angeles County. FISCAL IMPACT The approval of this plan will not impact the General Fund. RECOMMENDATION Staff recommends the City Council: 1) Approve the Youth Employment Plan. LEGAL REVIEW None Required. BACKGROUND In 2013, the City was awarded a combined total of $500,000 in Proposition A Excess Funds for Barnes Park ($300,000) and Walnut Creek Nature Park ($200,000). The allocation was made possible through the office of former County Supervisor Gloria Molina. To start drawing on the funds for the grant, the City must submit a Youth Employment Plan approved by the City Council as part of the reimbursement request. Under the provisions of the Los Angeles County County's policy on employment of at -risk youth, the City of Baldwin Park received an allocation of $42,642.30, equal to ten percent of the City's total development project funding from Propositions A of 1992 and 1996. To date the City has reported a total of $42,648.25 in paid at - risk youth employment, exhausting all allocated funds. The City has already met its obligation for the Youth Employment Plan. ALTERNATIVES The City could chose not to go forward with the Youth Employment Plan and forfeit the grant allocation of $200,000 for Walnut Creek Nature Park and $300,000 for Barnes Park from the Los Angeles County Regional Park and Open Space District. ATTACHMENTS 1) Exhibit A -Youth Employment Plan for Barnes Park and Walnut Creek Nature Park Attachment A Rehabilitation Improvements for Barnes Park and Walnut Creek Nature Park Youth Employment Plan Under the provisions of the Los Angeles County's policy on employment of at -risk youth, the City of Baldwin Park received an allocation of $42,642.30, equal to ten percent of the City's total development project funding from Propositions A of 1992 and 1996. To date, the City has reported a total of $42,648.25 in paid at -risk youth employment, exhausting all allocated funds. The City has already met its obligation for the Youth Employment Plan. ITEM NO. 6 STAFF REPORT 5AL TO: Honorable Mayor and Members of the City Council HUB OF THE10 FROM: Daniel Wall, P.E., Director of Public Works " SAN GABRIEL DATE: July 15, 2015 VALLEY h-? 0' �'' SUBJECT: Notice of Completion Citywide Sidewalk Improvements Project SUMMARY This item will accept the work completed by this project, close the contract, and authorize the filing of a Notice of Completion with the County Clerk. This project repaired and constructed damaged and missing sidewalks and Americans with Disabilities Act (ADA) compliant curb ramps. FISCAL IMPACT This project did not use any General Funds. Total project cost was $212,633.41. The following table details funding for this project: Fund* Amount Gas Tax $63,850 Measure R$60,000 Pry C ,. $58,783.41m....�... ......,_.. TDA Article 3 $30,000 Total $212,633.41 Contract retention of $21,263.34 has not yet paid to the contractor, is included in the construction costs above. RECOMMENDATION Staff recommends that the City Council: 1. Accept the construction improvements by Moreno Engineering, Inc. and authorize the recordation of a notice of completion; and 2. Authorize the payment of $21,263.34 in retention funds to Moreno Engineering, Inc upon expiration of the 35 -day notice period. LEGAL REVIEW None required. BACKGROUND On April 16, 2014 the City Council awarded Moreno Engineering, Inc. a construction contract. Moreno completed all work in December 2014 but had not invoiced properly the City for the work. Proper invoices were submitted to the City in June 2015. ATTACHMENTS Notice of Completion When Recorded Return To: City of Baldwin Park Department of Public Works 14403 East Pacific Avenue Baldwin Park, CA 91706 This Space for Recorder's Use Only NOTICE OF COMPLETION Notice is hereby given that the certain work of improvement known as: Citywide Sidewalk Improvements Project for the City of Baldwin Park was accepted by the City Council on: July 15, 2015. The work of improvement was performed and completed by: Moreno Engineering, Inc. on June 18, 2015. The undersigned, being duly sworn Chief Executive Officer of the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. CITY OF BALDWIN PARK Date: Shannon Yauchzee, Chief Executive Manager NOTARY PUBLIC CERTIFICATE ) STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS On this day of , 20 before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed this instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ITEM NO. 7 STAFF REPORT �,pu cry, TO: Honorable Mayor and Members of the City Council HUB OF '0 THE FROM: Daniel Wall, P.E., Director of Public Works SAN GABIIEL DATE: July 15, 2015 VALLEY' reD int SUBJECT: Notice of completion citywide street sign replacement project SUMMARY The item will accept the work completed by this project, close the contract, and authorize the filing of a Notice of Completion with the County Clerk. This project replaced of damaged, missing and non -conforming street name signs. FISCAL IMPACT There is no fiscal impact to the General Fund associated `with this project. The $69,453.73 cost of this project was paid for entirely with restricted Measure R funds. Contract retention of $6,922.87 has not yet been paid to the contractor, but is included in the construction costs above. RECOMMENDATION Staff recommends that the City Council: 1. Accept the construction improvement by Aegis ITS, Inc. and authorize the recordation of a notice of completion; and 2. Authorize the payment of $6,922.87 in retention funds to Aegis ITS, Inc. upon expiration of the 35 -day lien Period. LEGAL REVIEW None required. BACKGROUND On December 18, 2013 the City Council awarded Aegis ITS, Inc. a construction contract over one hundred street signs. Aegis completed all work in January 2015, but had not properly submitted invoices for the work until June 2015. ATTACHMENT Notice of Completion When Recorded Return To: City of Baldwin Park Department of Public Works 14403 East Pacific Avenue Baldwin Park, CA 91706 This Space for Recorder's Use Only NOTICE OF COMPLETION Notice is hereby given that the certain work of improvement known as: CITYWIDE STREET SIGNAGE AND IISNS REPLACMENT PROGRAM for the City of Baldwin Park was accepted by the City Council on: July 15, 2015. The work of improvement was performed and completed by: Aegis ITS, Inc. on February 26, 2015. The undersigned, being duly sworn Chief Executive Officer for the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. CITY OF BALDWIN PARK Shannon Yauchzee, Chief Executive Officer NOTARY PUBLIC CERTIFICATE STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this day of ) SS 20 before me, Date: personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed this instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ITEM NO. STAFF REPORT TO: Honorable Mayo �� id City Councilmembers ti H � FROM: Michael Taylor , ��ief of Policy* .oris DATE: July 15, :015 t)W40 ` SUBJECT: CONDUCT A SECOND READING, BY TITLE ONLY AND WAIVE FURTHER READING, OF ORDINANCE NO. 1375 AMENDMENT OF SECTION 91.40 OF THE BALDWIN PARK MUNICIPAL CODE CONCERNING FALSE ALARMS SUMMARY Chapter 91 of the Baldwin Park Municipal Code ("BPMC") was implemented to address alarm systems within the City. Section 91.40 addresses false alarms and imposes administrative fines to discourage the diversion of police resources related to such false alarms. However, as currently written, Section 91.40(A) imposes vicarious liability on alarm companies for the false alarms generated by their users. Accordingly, this ordinance proposes to amend Section 91.40(a) to only apply to the users who trigger such false alarms. FISCAL IMPACT The General Fund may see a positive increase from fees collected. The fees are used to offset the cost of a false alarm response. RECOMMENDATION It is recommended: 1. That the City Council conduct a second reading, by title only, and waive further reading, and following such reading, adopt Ordinance 1375 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 91.40 OF CHAPTER 91, TITLE IX, GENERAL REGULATIONS, OF THE BALDWIN PARK MUNICIPAL CODE. BACKGROUND / ANALYSIS Chapter 91 of the Baldwin Park Municipal Code outlines regulations related to burglary alarm systems. Section 91.40 specifically addresses false alarms, and imposes an administrative fine for such false alarms. The intent of false alarm fees is to encourage alarm system operators and users to properly manage their alarm systems in an effort to reduce the number of false alarms the police department responds to. Responses to false alarms may endanger the public by preventing, diverting, or delaying police officers from patrolling a neighborhood; responding to legitimate calls for police service; or investigating and solving crimes. Additionally, the costs associated with police responses to false alarms currently being borne by the City. However, on August 12, 2013, the then Police Chief suspended subsection 91.40(A) so staff could reevaluate the False Alarm Ordinance and False Alarm Reduction Program. After reviewing the program, the staff seeks to amend the False Alarm Ordinance to impose administrative fines on the users responsible for triggering any false alarms, and remove liability for the alarm companies and their operators. Accordingly, staff respectfully submits this proposed ordinance. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form. ATTACHMENT • Ordinance No. 1375 ORDINANCE NO. 1375 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 91.40 OF CHAPTER 91, TITLE IX, GENERAL REGULATIONS, OF THE BALDWIN PARK MUNICIPAL CODE WHEREAS, Section 91.40 of the Baldwin Park Municipal Code imposes fines for false alarms; and WHEREAS, Section 91.40(a) of the Baldwin Park Municipal Code holds the alarm company responsible when there is more than one false alarm per calendar year; and WHEREAS, Section 91.40(a) of the Baldwin Park Municipal Code imposes vicarious liability upon the alarm company when there is more than one false alarm per calendar year, regardless of fault; and WHEREAS, the City wishes to amend Section 91.40(a) of the Baldwin Park Municipal Code to remove liability to the alarm company responsible when the alarm company is not at fault. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 91.40(a) of the Baldwin Park Municipal Code is hereby amended as follows: "(A) False alarm administrative fine for alarm system user. An alarm system user shall pay to the city, within 30 days after the date of an invoice, an administrative fine for each false alarm generated by each alarm system in excess of one false alarm per calendar year. An alarm system user shall be responsible for the payment of the false alarm administrative fines for all false alarms for monitored or non -monitored alarm systems. The amount of the administrative fine for each false alarm shall be established by resolution of the City Council." Section 2. 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 3. The City Clerk of the City of Baldwin Park shall certify to the adoption of this ^Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law, or in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of City Clerk. Section 4. 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 5,. 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 15th day of July, 2015. MAYOR ATTEST: Alejandra Avila, City Clerk State of California ) County of Los Angeles ) ss: City of Baldwin Park ) I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do herby certify that the foregoing Ordinance No. 1375 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on June 3, 2015. Thereafter, said Ordinance No. 1375 was duly approved and adopted at a regular meeting of the City Council on July 15, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ITEM NO.STAFF REPORT / P ' "F r TO: Honorable Mayor and City Councilmembers t 'SHE o FROM: Daniel Wall, P.E., Director of Public Works / City Enginee W U, s c s� �„'] DATE: July 15, 2015, VA Ll E Y SUBJECT: CONSIDERATION AND AUTHORIZATION TO SUBMIT THE JANO DRAFT ENHANCED WATERSHED MANAGEMENT PROGRAM (EWMP) FOR THE UPPER SAN GABRIEL RIVER WATERSHED MANAGEMENT GROUP TO THE LOS ANGELES REGIONAL WATER QUALITY CONTROL BOARD (REGIONAL BOARD) SUMMARY This item will authorize the Chief Executive Officer to submit the Draft EWMP to the Regional Board. Submission of the Draft EWMP is one of the requirements of complying with the Regional Board's municipal stormwater permit (Permit). FISCAL IMPACT Baldwin Park's share of the cost for the preparation of the EWMP and the related Coordinated Integrated Monitoring Program (CIMP) documents is a maximum of $86,684.18. Invoices for this work began in Fiscal Year 2013-14 and was spread over two fiscal years. This work was paid through the General Fund. The implementation of the CIMP document, which will require regular monitoring and sampling of stormwater will cost the City approximately $283,000 over a five year period beginning with $20,930 in Fiscal Year 2014- 15 and $61,475 in Fiscal Year 2015-2016. The amounts are approximations and may decrease as additional cities join the EWMP and share the CIMP implementation costs. The City of Baldwin Park does not currently collect or levy a fee assed to parcels of land for stormwater runoff. RECOMMENDATION It is recommended that the City Council authorize the Chief Executive Officer to sign a Letter of Authorization allowing the County of Los Angeles to submit the Draft EWMP to the Regional Board on the City's behalf BACKGROUND On December 28, 2012 the Regional Board adopted a Permit. The Permit contains strict compliance requirements for cities and counties to ensure that minimum water quality standards for stormwater runoff are being met. As a method of complying with the new permit requirements, several cities in the Upper San Gabriel River Watershed Area, as well as Los Angeles County came together to jointly prepare the necessary plans to comply with the Permit. With Los Angeles County as the lead agency, the Upper San Gabriel River Enhanced Watershed Management Program Group ("Watershed Group") has been formed. Member cities of the group in addition to Baldwin Park include La Puente, Covina, Glendora, Industry and just recently West Covina. The Los Angeles County Flood Control District is also a member of the group. The group was formed to share resources and costs in the development of an EWMP and CIMP to comply with the Permit. Submittal of EWMP to Regional Board July 15, 2015 Pap -e 2 On September 18, 2013, the City Council approved a Memorandum of Understanding between the Los Angeles County Flood Control District, the County of Los Angeles, and the Cities of Baldwin Park, Covina, Glendora, Industry and La Puente to prepare the required EWMP and CIMP documents. The Permit specifically allows the formation of Regional Groups in addressing stormwater pollution. This approach allows for economies of scale in developing plans and monitoring, promotes regional projects, and should facilitate state and federal funding for these projects. An MOU for the implementation of the CIMP will be brought to the City Council as soon as it is finalized. LEGAL REVIEW Review of this item is not necessary ALTERNATIVES The City Council could not to submit the Draft EWMP to the Regional Board, however by doing so it would be out of compliance with the Permit and could face fines of up to $25,000 per day. Attachment A. Executive Summary of the Draft EWMP 7t;71=, ij» kiJi7lb PROGRAM PLAN" 'Gi-ou.n.fy, of L,04-Aqqefog Los:'Angples Cpunt�- F166d'CMV61 Dittict CLity 0i, ola, ildwin Paik l< of ooinla City bf,Gldndott( (* -of Indostly Q�S pfta Nent.& Z�� 5-d0i; N. Ll,,klo;Av"Ue4. Pasadoflq. QA -911,01 111111PIT! illipippillipil lrplp, p g lllp©qjjjjp USGR - E.lih6nded mate hed M&IM&MOnt OrograM kafe ! O*O%m]4 u"ImAa ll p t ba�u6rrrSW prl Iri is ddit prr d of, [Ila Cowes P Lft MOM"(090111), L9 AmgelCoUnty Flood, Conbol Dfstrttt, ,Ae.F1 D), acrd drd rtt. s , .l idd' b fait, COVIA0 01odorift, i0dor ,, ; , D arutrt rt upl Mejnb ) The USGR EWMP,oroup was ni^rrl d ll3 t sp onr toprbvisjtpa of 'N"'0160, a1 irtttta '.. Usharg 81irtrirra%ion'ystatrt .Mur6r;lpat 9q aratu trrrrrr a r � st u t rlltpt,f)rd r NO. - 2— rnrit , l ltt tbtk,nptptrtw rr prl arrr patlrwa rl, r M84 `Pehrrrrit, tlaa ,mmp :Group,has I yra ed,.thjs EWMPtwta i mgo Ir�alirrst�.�� r I� pt�rr+u apWach,io, sfpratcrplanning, ..r°t�: Asn sbr�e�� � ''adrslirrd� `fie Sea Gxab�� d .a r Wat l d with a Wlda,di.vershy of'IA d .uses„ ranf), iigfro, i,. he0 ly ilikboided, ld the to wr r, oogtal pia ori 1% xr ap sish e„ qct spam to digs up o r�^, �hi leer elevation prcrrt on of ft ' atut hr:d trr, theSad,63abxid Mrrtrrtla n frrr aallenge lrr.. the Group M a rs, bot r 'ulattlbnk ,lr"'t 0W.. rat rs ad Or`,drrld�, 0Tu �'u.r�lpi' 11 'tprrr lin to c rlt" s water, quality, issues, Ii� arfi rlar� the,Sire rr I I, I iw r Wat As ied 4 subject to .. 'total. M tin, 1)4jjy Ld .d. (TVIDL) t"6r iv l� that r"p5Ttlr d rrr.pIiance by .1026, andis -iM d. as Ip " d fur tin Irs rrts,'l l t �. i ria cr � r :t , T resa 11a t ' % �1 W ta6N s of Lias ,An los and -Mentum ; o6btt Matt P140)", *fw Duels, 46M the estabjjA04, W*c 0ailty andards,carr n tfvdl r tsnpant aq�a#la !'tf6 lir tlr ,rivers, t -bibs„, and 6ttaar . LResta p b" . da l&Qel . b0Iv Ir as l ,Il lter ; sls lards cad paeps Itlr rl's s to people f lat r est lrx tlrl ataa , " lr T. . add 6&es th s " :s t*0p4gtylrrap ksand W0011U, lead ir�Il tip° ? l ru rata tri :IDE FICATION OF WATER- .UALITY- . IORI'TIES `water" qulit pat t�rptiwrr process,'identifies acrd. Irsbrltis water qualm lrrr+arrrrl ih t ate0jidd 40 data" Oas d tl permit on, rtxeorernerts,, thv falovnln <v l rra atratra;�s u�aitur bu l�ull,trts.�t; d%p.uat:%�r�s �"tMs tt �tla�ll.w categary 1 arra tivo�d suljj&_f to pasts AWjsb d TMIM, as t"rrllows„ Met~ails (lead Copprer, spl alum, Mid, nes ry'a nut e nts rl14rr d tbt, U prhOl PIt=$) axrd C, ae p�crllrrtaarts, (polychlodbated biphenyl, lrloiel"map tli` ptlratr; , and. d�� l r� fpa�autr �prl��rlrrr"�a tlrart . ars tra c th.� tt r tat rtua lads ro 't 4 i tit l Board. ►"ttl late "wU r t. t tttrra,. tl ; llst. ur' ttatas rt $u h� tb t It y � t � atm to Itst , ",W40,lr ' tri tap (I ad, s l rrlrrrrt, r pelr l adrrr''trm =rnr rrxttr °, midCOP* the 110,9acy. pr;uMtoltWYCYP-116, :tea, zyanl � ammom24 dla n, chb, An, o6tbyleae blue. filo d�dp� trial 4*polved s pid l" r yanpd cl it and alprkrsµ�rsrl„bs,�".,, .. Vategm-y. 3 fear thosemItta obs rt':exce ilarxcev brit, t er.'lirrtre parent to iastte�,.odd cob41tjojis: to riotolio.:rrelud dtssgl'�, rrert-(0) aid .11 `Tai mAI&jy UN,r' r wr r ,rfie, designedzd& ss, sll � n tlt"rl l", " atzr Quality Ioejti s tmhrough a ilia st� ero ,tt o I a a . " ' .tullrra i � st d of mntmtmeasums rake pr e .BWN ,; Lu lrprretrevprrrarr :trbl :tatUr s lrtirprtprrtrl:ra psi is stttsstrrser trrtr° drrr%rr;, r� arrtsd For tlr �l ilii rrrrrpeurburs� "� lctprIpxtrrtt :C-x8q!111ya bmniniary ordinanw% are Incorporated, It' w" programs,suc. Q ws a, rain, 4rrpJ dale I VO program or other methods to reducerunoff` fi-OM areinwrporated.,Group l let t till` si em o`wpJ ent pgq_os, GrAtom 'St, "OMA 4 Oeithey e fikh(�Of ioOdMePt control measures. on.. public 1,ancL benefits to communifles in "off 114esth1Ot1O$),6*W 41I jolorm. OXXty �;`Ags; Re tonal projects.- the_%e: controlmcasums are potentially the" npost "effodiv 1bc.M1)s&OJP,Y, APC able to tajtu;e runoff from large,, Upstiream areas. Ther 8WW,' -tulpflasi= hnplementati6n, of xegloxuki PMJcf,,%' w1i 'hogo that,ar I I P 156yly, t -0 Ate to- xltudo,to ogle, Df-hotir oral "'Cat" m tqjaots)a , rji6,usa. , EEM 1-0. dltgil�bchtflt i000"Malp , et4in, voltune fixim the t5ilcc'ntj lq,,, '24-bour AWrih; for 'ft diatfi'4 g' ar&s Irib 1A D4 to fw, jhwtl- bene fit regional prof ,eets!, The, seloct ion, offhese sileswastased -on' detaild ;,tis sli analysis, 0, f soil ty'Pe, tOPOWAPhy, la tail owneahlp lim use; d eiMirojumenial' Tqy Oroloik lineation, aa ad "1 ..f3. 11hjiOhj4d,§dw Volopio of ttoiOIW4ter to fal ' be till . 6yj*Woo4PfOjMtsOu, Pdva(d ldna,t asci re k4wrcd POUWMrttWuatob.,�� Am- ociAdved, Tho, WV,Oh�O, Muifwinen� Modeling, 8ygtain (W'MMS) Wels, We& for pjjbrjfj' ContMf -mela'S11res J)aS 'on '*Atcr qo,,Iit Afnik"Ifi 06001 01*1401-reo (MCMO: '010 10 4 PbiTOkxb-qu1f'6d- Gnq!Vo-M'ib' to " I oks, , 4fV,O#t MCMs, and they will wntinuc, to, be7 Rnplexb4n1W 4rter' thlo`,cbitr�o! of PWAMTt, rias 1pillo,,tadjok. Hhhanced,_MCNs are, incorporated f6r Ifie, Covina, Olendora�1admby, and. the County for 10%, s1 6:,As Baal spoO# tcist:sweepfilg:and installation of tatchl)asl A key element of the, EWMP N die, Reasondble Assurance Amlysis "(RAA , a �q ti i ,demonst.ratiog #-woncomputer- 4ln& that, control measures f , be,',), which, Is uan W VP gh modc will e&ctivr.�: in meeting water l�Zt,6, quajity staftdatdsk 14t �a " e1j. bet s ne critA-W poilditicons p6llataq,j'oduct Ion$ tepresefttafion of oont* bVnicstlits, and the gpp ti;fir Inoacl i I sele'Og coraol iooaspres� xm'�ii OnEdly, — RAAwasalso ap,priedtai-,prioriti=poteiAi'al-con,trol m pasure , s,to tai ,itnpfeocot&4.by the VW 70p, c W was� P Ofid,#qt� 1f4e, kA,, Pbt,tfid USM WM 4 publicly �ayall'able M046111,14,sy%ofli than inomrPOws tl�md - totals, 66', t4c� ww,i b'e� tOO40 "I ,to I t , redi404 of l9lig-wv hydrolba and,, polluWt Ibpt, bek, '110400 t (13MP) filb 'n d (3 gpmon de !9 a BW qptimizadoxv inbt to support, re irolaal,a cost -e Mchvc PIM161,g effort, Tbe tvaluito millions of potehfi41 SOehadP$ 0f otrof MaSlrq�ot tjjeWP,an<select . &-t�effeiv e. 41 6 RWMP 040,indorpPTAti iqPPt;fib th T w1h 119 4,oppo ities The "A Gluldelineg, allow, the E WMP -to- `be developed whh cons Icera tion of 'a thniting. polliftant"', or tJ)e pal RAAentjfte� th li" Pp`�iuta 'A$� 7 ,p,6J1u%nt45, '66 , e, t � , ting , , , OiS *40$11dd dattrit 4n4 A7,i; c6fi* on, Aprovi aM an, addr.6ssin#thesp. #ollutabts� r, e1i QuAty otbei W4 Noriii�in' the vmtershed. EWMPIMPLOWENTATION PLAN The, 6tftomof'the: RAA pxespnts A "'PeciPO fY 001]aP` W" f6r, WNAdoal 111risAidtiogs, ,,of 1, 1 BWMP, Group. The redipe consists of volumes of s ray n cast and by LJf�',,$;re4n,6*e wa.terto be capt -ets, and tegional bSORm FnhavloodMterOod l ,rraxaaa entPregra m Plan, + wlly auranrrwaar , prrrjects and i s a WW, equivalent copac#y of t1rarly,four Rose "owl, ttAdfilims or recipe also describes- the. ace nf implementatie .t achi+e Interim, atid-final milestones. A,ss)Es'S1 .., ITX4 1 ,_ lV W.. l E r A I, K. e tc�aap 1°afi cl�exp tna�°tlira;te �'� l��^l:�arratar"r�: �'"a'4�gr'.rrr " se�r�ti t"rrarri tha EWMP to collect, grater grulfty data Brad measure, the ef'f"ectivemesw gat` Elle ,l wlti P. `lr,is .secaO,+axr descwribes theM pro.ss f6r earalafaflugAi dater qtntlfty, data and "'lessons I-eamed,"O'duAtig implemea"6fieram A STA Based the RAA resaflt, the 'fatal, cast;rorr the EWMP: Croup t"car` llgear iru0ler ebtatfara ilaelvdJh operation orad m airatexaaance, is, apprcaAmately ; billium The costs l mvi ed here ?are varrsider l taa b pxlaarraat,g l rdl as l (6tdep ofmarri xrdajr axl e ref°i aecl vithr aetual RW implementation Costs,, ll,t hOs are rlrrt Larrelatly a ailA�ale � or ]tore ll ;� le a ad rrtr r N t.ti�re- V l "Fra xlaitraer tatisaa4 F—V&e ide tifiei p rtelxtlarl ffa rdin sdtrf' es acrd a earn rr�e �t �rald % � tlrer �arrrsued, t, ria aau ; Mbrriber, irrcatradixag grarrats,,, fps, a laarg s, axxd'legisla f e. tal , s"T KEHOWER PARTICIPATION. e'aaraThe J -:W P rdaa issbijtv rra tlit q� rtoarxsjIlt It 'a rpa et txw,bort tle:dericaprert o e E M "T'lac.'EW Gar°ramp raradudt.ed aa. li stakeholder, ixre tirfgs of M ay, 1 . d Murch 9;, 2,011 K. tw ve � edbac froj stakeholders on, xo vei B strategy to ►xrapt°aar�rrg vratr trtyy laaposect arbuai�scrrs atrrl, xtadal laa nets, d .pcatrrtii p,ierslair rplacxrtutrrtles.: orrr unity iopert Will contixlrxa to ted. igiog tlxe 61610 01 of trap EWMP axip � erexrt�uar carr.. �9 STAFF REPORT 6 HUB THE SAN GABRIEL VALLEY ' ITEM NO. /0 TO: Honorable Mayor and City Council members FROM: Daniel Wall, P.E., Director of Public Works / City 1+ ngineerK DATE: July 15, 2015 SUBJECT: RESOLUTION 2015-080 VACATION OF EASEMENT — TRACT 71822 SUMMARY This item ratifies vacation of an easement and quit claims an unimproved street through Resolution 2015-080. These actions were previously approved by the City Council on May 6, 2015, through Quitclaim Deeds. These actions were also ministerially approved as part of Tract Map No. 71822 pursuant to the State Subdivision Map Act and the City of Baldwin Park Municipal code FISCAL IMPACT The vacation of the easements and the the unimproved street will have no negative impact on the City's General Fund. These actions will allow the developer to move forward with the construction and sale of homes which will increase the assessed property value and in turn result in increased tax revenue to the City's General Fund. RECOMMENDATION It is recommended that the City Council: Waive further reading, read by title only, and adopt Resolution No. 2015-080 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF CALMVIEW AVENUE IN THE CITY OF BALDWIN PARK." BACKGROUND Tract 71822 is a ten (10) lot single family home subdivision. This subdivision is located at 4820 and 4828 Fortin Street, and was unanimously approved by the Planning Commission on August 27, 2014. This project dedicates 17,154 square feet of streets to the City. The unimproved street to be quit claimed by the City to the subdivider is 15,100 square feet. LEGAL REVIEW This Report has been reviewed by the City Attorney ATTACH ENTS A. Resolution 2015-080 Attachment RESOLUTION NO. 2015-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF CALMVIEW AVENUE IN THE CITY OF BALDWIN PARK. WHEREAS, the City of Baldwin Park accepted an easement for street and highway purposes as an extension of Calmview Avenue; and WHEREAS, the easement was obtained for the sole purposes extending Calmview Avenue; and WHEREAS, Tract No. 71822 will extend Calmview Avenue in an alignment that is different from the easement; and WHEREAS, Tract No 71822 supersedes by relocation that extension of Calmview Avenue in the City of Baldwin Park, County of Los Angeles, State of California more particularly described as: That portion of Lot 75 of Tract 7701, in the City of Baldwin Park, County of Los Angeles, State of California, as per map recorded in Book 88, pages 61 and 61 of maps, in the office of the county recorder of said County; included wthin the circumference of a circle said circle having a radius of 45 feet and the center of said circle being the northeast corner of said lot 75. Said easement granted to the City of Baldwin Park for public Street, sewers and drainage purposes and all uses appurtenant thereto, ;and WHEREAS, for the purpose of this vacation the City Council elects to proceed under the Summary Vacation and Abandonment of Streets Act of 1969 of the State of California (Chapter 665, Statutes of 1969) ; Division 2.5, Chapter 5 of the Streets and Highways Code. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION' 1 That the recitations and findings made above are true and correct, including the legal description of the subject property to be vacated; and SECTION 2. That it is hereby found and determined that said potion of Calmview Avenue hereinbefore more particularly described as unnecessary for present Resolution 2015-080 Page 2 or prospective public street purposes and is not useful as a bicycle path or routes and that public interest requires the vacation. SECTION 3, That this Resolution shall take effect immediately upon adoption. PASSED, APPROVED, AND ADOPTED this 15th day of July 2015. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF BALDWIN PARK ) I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2015-080 was duly adopted by the City Council of the City of Baldwin Park at the regular meeting thereof held on July 15, 2015 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ALEJANDRA AVILA CITY CLERK ITEM NO. STAFF REPORT Op, TO: Honorable Mayor and City Councilmembers ac 'oF IV FROM: Rose Tam, Assistant Accounting ManagerC)!o TH `, " raa. DATE: July 15, 2015 SAN "� e aMOO . ` SUBJECT: APPROVE PROPOSAL FOR COLLECTION SERVICES SUMMARY A concern of the City Conncil and the Audit Committee has been the collection of any l'rands o\vcd to the City that remain Unpaid and the City has no other avenucs for collection, Credit: 1 tjrLin Associates has presented a proposal to the City to provide collection services at: 25% counnission for gall in-state collections with no up -front costs to the City. FISCAL IMPACT There is no up -front cost to the City and the City will likely receive an unknown amount of revenue that it otherwise would not collect. RECOMMENDATION That the Mayor and City Council approve the attached proposal submitted by Credit Bureau Associates, direct the City Attorney to prepare the appropriate contract incorporating the proposal, and authorize the Mayor to sign all necessary documents. LEGAL REVIEW City Attorney will prepare the appropriate contract to incorporate the attached proposal. BACKGROUND A concern of the City Council has been the collection of any funds owed to the City that remain unpaid and uncollected. The City currently does not have an Agency under contract to do City wide collections of delinquent payments to the City. It has an agreement with the firm that administers the Code Enforcement Citations and Parking Citations to provide collects for those areas, but other delinquent amounts are left to the appropriate department to attempt and collect. The City's departments are not staffed with the expertise or personnel to do comprehensive collection services. Because of this, there are some bills sent by the City that have gone unpaid. The City presently has no centralized billing. Credit Bureau Associates recently presented a proposal to City staff to provide these services. They would charge the City a 25% commission on any in-state funds collected. This is substantially below what most other agencies charge. Most other agencies charge a commission of 35% to 50% for the collection of accounts of the amounts the City has. There would be no up -front costs to the City. They have been in business since 1947 and have significant experience in collections. Two letters would be sent out by them before their collection efforts would commence. The City would also be able to track the collections referred to them on-line. ALTERNATIVES The City Council can also request that staff develop and circulate a RFP for these services. However, the process will have some minor costs, take additional staff time and delay the implementation of the program. ATTACHMENTS Attachments: Proposal from Credit Bureau Associates Collection Agreement for Consumer and Commercial Accounts It is mutually agreed this 3rd „day of June 2015, by and between Credit Bureau Associates (Agency) and City of Baldwin park (Customer) as follows: 1. Customer will hereafter, turn over to Agency for collection delinquent accounts and Agency agrees to accept such accounts for collection and use its best efforts to collect the same. 2. Customer agrees to pay Agency and Agency agrees to accept for the services rendered by it a contingent fee of 25% of the amount collected by Agency. Legal action will be at the discretion of the Customer. If Agency files a lawsuit on behalf of Customer or ifthe Customer assigns a judgment to the Agency, the contingent lee will be 25'1/x. If Agency forwards tiny account out: of state to another collection Agency pursuant to Section 6 of this agreement, the co.ntirrgent fee will be at 35114. Also, customer agrees that any interest will be retained by the Agency. 3. Agency agrees it will pay or absorb all expenses incurred in the locatioi . of debtors and collection c.it` accounts turned over for collection, including, but not limited to, telephone charges, niailing costs including postage, wages and salaries of ' g P Agencies employees, and other costs ol` every kind and nature. C.arSt011ief will have no expense of any lki id or mature in comiect.ion with the location of debtors and the collection of accounts. 4. Legal action on any of such accounts may be commenced by Agency with prior approval of the Customer. 5. All court costs and other expenses of litigation shall be advanced and paid by and be at the risk. and expense of the Ageucy. The Agency, however, will be allowed to retain all costs allowed by the court: in any recovery and Agency will apply [first payments by debtor to any court costs and legal fees expensed to get [lie account recovered before Clic nionies are applied to the principal amount. 6. Agency inay in its discretion forward for collection on customary terms any si;rch accounts to another collection agency beyond fere area served by She Agency wlicre the debtor may be found,ld. Agency asnienibeis of American Collectors Association (A(,..A.) will use inembers of ACA or ACA MAPF attorneys in those states Where tfie consluner niliy now reside. 7. Agency sliall, to the Fullest extent allowed by law, with respect to all services performed in comiection with this agreement, defence with counsel acceptable to Customer, inden°inify, and hold Customer, its officers, officials, employees, agents, and volunteers harmless from and against any and all claims that arise out of, pertain to, or relate to this agreement, caused in whole or in part by any negligent act or omission of Agency or any other collection Agency used for collection purpose pursuant to Section 6 of this agreement, except where caused by the active negligence, sole negligence or willful misconduct of Customer. 8. Agency shall furnish the Customer monthly an accounting of any paid collections, including those of which Agency has been notified by Customer made during Clic previous month. The remil:tance report will identify partial and full payments received for accounts assigned by customer. 9. Many debtors will elect to make payments on their accounts held by the Agcncy for collection to the Custoln r rather than to the Agency and the Customer shall report such payments to the Agency within five days after receipt tbercof and shall pay the Agency the agreed percentage the same as if the payments had been made to the Agency. (Direct Pay). 10. Customer agrees that unpaid claims, which reach the statute of limitation while in the possession of the Agency, will be considered uncollectabfe and the Agency will not be liable or responsible for the collection thereof" on ,in.Ginies not reca.rvewd. 460 Union Avenue, Suite C Fairfield, CA 94533 Tel: 707 429 3211 Fax: 707 429 0462 Toll Free: 800 564 6440 www.ebacredit.com Division of Kelstin Group, Inc. 'w�•"� C R E D 1 9 BUREAU Collection Agreement for Consumer and Commercial Accounts It is mutually agreed this 3rd „day of June 2015, by and between Credit Bureau Associates (Agency) and City of Baldwin park (Customer) as follows: 1. Customer will hereafter, turn over to Agency for collection delinquent accounts and Agency agrees to accept such accounts for collection and use its best efforts to collect the same. 2. Customer agrees to pay Agency and Agency agrees to accept for the services rendered by it a contingent fee of 25% of the amount collected by Agency. Legal action will be at the discretion of the Customer. If Agency files a lawsuit on behalf of Customer or ifthe Customer assigns a judgment to the Agency, the contingent lee will be 25'1/x. If Agency forwards tiny account out: of state to another collection Agency pursuant to Section 6 of this agreement, the co.ntirrgent fee will be at 35114. Also, customer agrees that any interest will be retained by the Agency. 3. Agency agrees it will pay or absorb all expenses incurred in the locatioi . of debtors and collection c.it` accounts turned over for collection, including, but not limited to, telephone charges, niailing costs including postage, wages and salaries of ' g P Agencies employees, and other costs ol` every kind and nature. C.arSt011ief will have no expense of any lki id or mature in comiect.ion with the location of debtors and the collection of accounts. 4. Legal action on any of such accounts may be commenced by Agency with prior approval of the Customer. 5. All court costs and other expenses of litigation shall be advanced and paid by and be at the risk. and expense of the Ageucy. The Agency, however, will be allowed to retain all costs allowed by the court: in any recovery and Agency will apply [first payments by debtor to any court costs and legal fees expensed to get [lie account recovered before Clic nionies are applied to the principal amount. 6. Agency inay in its discretion forward for collection on customary terms any si;rch accounts to another collection agency beyond fere area served by She Agency wlicre the debtor may be found,ld. Agency asnienibeis of American Collectors Association (A(,..A.) will use inembers of ACA or ACA MAPF attorneys in those states Where tfie consluner niliy now reside. 7. Agency sliall, to the Fullest extent allowed by law, with respect to all services performed in comiection with this agreement, defence with counsel acceptable to Customer, inden°inify, and hold Customer, its officers, officials, employees, agents, and volunteers harmless from and against any and all claims that arise out of, pertain to, or relate to this agreement, caused in whole or in part by any negligent act or omission of Agency or any other collection Agency used for collection purpose pursuant to Section 6 of this agreement, except where caused by the active negligence, sole negligence or willful misconduct of Customer. 8. Agency shall furnish the Customer monthly an accounting of any paid collections, including those of which Agency has been notified by Customer made during Clic previous month. The remil:tance report will identify partial and full payments received for accounts assigned by customer. 9. Many debtors will elect to make payments on their accounts held by the Agcncy for collection to the Custoln r rather than to the Agency and the Customer shall report such payments to the Agency within five days after receipt tbercof and shall pay the Agency the agreed percentage the same as if the payments had been made to the Agency. (Direct Pay). 10. Customer agrees that unpaid claims, which reach the statute of limitation while in the possession of the Agency, will be considered uncollectabfe and the Agency will not be liable or responsible for the collection thereof" on ,in.Ginies not reca.rvewd. 460 Union Avenue, Suite C Fairfield, CA 94533 Tel: 707 429 3211 Fax: 707 429 0462 Toll Free: 800 564 6440 www.ebacredit.com Division of Kelstin Group, Inc. RE, RYfi BUR AU AS 5-0 C IAr ES 11. Customer agrees to pay Credit Bureau Associates a 15% finder's fee or handling fee on any account that is assigned to agency in full collections and not mutually canceled by Agency, but requested to be canceled by customer. Accounts in pre - collect period can be cancelled at any time. Agency understands there are accounts that may need cancelled because of an error in listing the account or because an un -foreseen issue arose and the Agency agrees to cancel at no fee these types of accounts for the customer. 12. No claim will be compromised for less than the amount listed, between the Agency and the debtor, without the prior approval of Customer. 13. Agency shall use normal and customary collection procedures in endeavoring to collect such accounts and hereby agrees to protect and save the Customer harmless in the event of any loss or damage which may occur to the Customer as a result of any wrong doing of the Agency in its collection endeavors. 14. Agency will maintain strict compliance with all State and Federal Laws regarding debt collection and will maintain licensing, bonding and errors and omission's insurance as required. 15. This agreement shall remain in force and effect until canceled by either party by giving thirty (3 0) days written notice of cancellation to the other. If the Customer cancels an account and legal action has been started, the Customer will be responsible for any court costs, filing fees, or attorney fees that the Credit Bureau expensed. ADDITIONAL PROVISIONS 16. Check -It Services (bad check recovery service) 17. _ LetterCollect. Credit Bureau Associates/Agency agrees to send two (2) notices to debtor ten (10) days apart at no charge to Customer. Customer will contact Agency if payment is received so account can be canceled and returned. Customer understands account will move to Full/Direct Collection on the 21" day at agreed upon commission rate. 18. Status Report and Collection Actuary Report will be provided as requested by Customer. In Witness Whereof, the parties hereto have set their hands as of the date first above written. Agency Credit Bureau Associates P. O. Box 150 460 Union Avenue Fairfield, CA 94533 By: Date Norm Ahrens, Account Manager Customer Name: City of 13ahlvwin Park Street Address City State Phone# Fax # E -Mail Address Print Name - Si nature Zip Title 460 Union Avenue, Suite C Fairfield, CA 94533 Tel: 707 429 3211 Fax: 707 429 0462 Toll Free: 800,564 6440 www.cbacredit.com Division of Kelstin Group, Inc. ITEM NO. r STAFF REPORT ., poi/ , ..,, ,.F1Ua of TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Servi (/ s casmi�allDATE: July 15, 2015 SUBJECT: AUTHORIZATION TO ENTER IN AN AGREEMENT WITH BALDWIN PARK UNIFIED SCHOOL DISTRICT FOR BALDWIN PARK NOW PUBLICATION SUMMARY This staff report requests City Council to enter an agreement with Baldwin Park Unified School District (BPUSD) for the purpose of placing content in the Baldwin Park NOW publication. FISCAL IMPACT This agreement will generate $9,000 towards the BP NOW advertisement revenue account. RECOMMENDATION Staff recommends the City Council approve the attached agreement and authorize the Mayor to execute the necessary documents. LEGAL REVIEW The City Attorney has reviewed the agreement and approved it as to form. BACKGROUND As part of the transition of the Baldwin Park NOW to a bi-monthly publication, the City approached Superintendent Dr. Paul Sevillano to collaborate with the Baldwin Park NOW. Approximately 10 years ago, there was a collaboration between the City, the former Baldwin Park Chamber of Commerce and the Baldwin Park Unified School District. The partnership lasted until the Baldwin Park Chamber of Commerce went out of business. Since the dissolution of the Chamber, the City took over the responsibilities of the BP NOW and has since been the only entity publishing the periodical. With the new layout and more frequent publications, staff began to negotiate with the school district to purchase 1 1/12 pages in the BP NOW. The school district will commit to submit regular bilingual articles and camera ready photos ready to be dropped into the layout. The agreement is valid for one year and the anticipated annual total revenue is $9,000. With the contribution from BPUSD this will reduce the City's financial commitment. ALTERNATIVES The alternative would to not sign the agreement and BPUSD would not place any content in the Baldwin Park NOW. ATTACHMENT 1) Agreement Between City of Baldwin Park and Baldwin Park Unified School District. BALDWIN PARK NOW AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND THE BALDWIN PARK UNIFIED SCHOOL DISTRICT This BALDWIN PARK NOW AGREEMENT ("Agreement") entered into as of this day of June, 2015, by and between the CITY OF BALDWIN PARK, a California municipal corporation ("City") and the BALDWIN PARK UNIFIED SCHOOL DISTRICT, a California public school district ("District'), (collectively known as "Parties") WHEREAS, the City and the District are authorized and empowered to enter into Agreements with each other for mutually beneficial public purposes; and WHEREAS, the City and the District desire to enter into the Agreement whereby the District purchases the right to place content on the Baldwin Park NOW periodical mailed to Baldwin Park residents and businesses; and WHEREAS, the District desires to have three pages of District content printed in each of the six yearly issues published by the City in the "Baldwin Park NOW." NOW, THEREFORE, THE PARTIES DO HEREBY COVENANT AND AGREE: TERM OF AGREEMENT. This Agreement shall commence on the 1 st day of July, 2015 and terminate in one year, on day of July 2016 ("Termination Date"). Prior to the termination of the Agreement, the Parties may extend in writing this Agreement for another year commencing on the Termination Date. 2. TERMINATION WITHOUT CAUSE. This Agreement may be terminated without cause by either the City or the District in writing with a thirty calendar day Notice to the Director of Parks and Community Services at the address, below. 3. COMPENSATION. District shall pay to City $1,500.00 per issue for 1.5 pages (11" x 15.5") of content. Payment shall be due and payable thirty days prior to the date of issuance of each publication. Payment shall be mailed and/or delivered to the Department of Recreation and Community Services at the address, below: City of Baldwin Park Department of Recreation and Community Services 4100 Baldwin Park Blvd. Baldwin Park, CA 91706 4. PARTIES AGREE AS FOLLOWS: A. CITY: Baldwin Park NOW Print Specifications shall be: Title Font Size: 18 point font with 18 point line spacing Title Font Type: Baskerville Regular, Caps for English; Baskerville Italic, Small Caps for Spanish Text Font Size: 10 point Font with 12 point line Spacing Text Font Type: Book Antigua Regular for English; Book Antigua Italic for Spanish Bleed: YV Bleed for Each Page Final Size. (WxH) Spread 22"x15.5"; page 11"x15.5"; final quarter fold to 11" x 7%)' Frequency: Bi -monthly (6 times a year: February, April, June, August, October, and December) Cost: $1,500 per issue Number of Pages: 1.5 pages (11"x 15.5") The City shall be responsible for layout, printing, and mailing of the NOW to every resident and business in the City of Baldwin Park in accordance with the print specifications outlined in this Subsection A. B. DISTRICT: The District shall provide layout ready three page content to the City 42 days before the printed date of each issue. Layout ready content shall mean camera ready in df. BPUSD will provide Spanish translated text. Printina schedule will be provided to BPUSD. 5. INDEMNIFICATION. The City shall indemnify, defend and hold free and harmless the Baldwin Park Unified School District and District's elected or appointed officials, officers, employees, agents, and volunteers (hereinafter referred to collectively as the "Indemnitees") from and against any and all causes of action, claims, costs, damages, demands, expenses, fines, judgments, liabilities, liens, losses, penalties, proceedings, and suits (all of the foregoing collectively referred to as "Liabilities") arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any damage or injury to property or persons (including but not limited to personal injury and bodily injury) arising out of the negligent performance of the Services or this Agreement by District. This Section shall service the expiration or early termination of this Agreement. 6. ENTIRE AGREEMENT. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between District and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement. 7. NOTICES: A. City: Director of Recreation and Community Services City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 B. District: Superintendent Baldwin Park Unified School District 3699 N. Holly Avenue Baldwin Park, CA 91706 8. This Agreement may be signed in counterpart. SIGNATURE LINE ON SEPARATE PAGE. In witness thereof, the parties hereto have executed this agreement as of the dates indicated below: VENDOR OFFICIAL (SIGNATURE) AGENCY OFFICIAL (SIGNATURE) VENDOR OFFICIAL NAME (PRINT) AGENCY OFFICIAL NAME (PRINT) DR. PAUL J. SEVILLANO SHANNON YAUCHZEE TITLE TITLE SUPERINTENDENT CHIEF EXECUTIVE OFFICER TELEPHONE NUMBER TELEPHONE NUMBER 626-856-4201 626-960-4011, EXT. 482 DATE DATE 3 ITEM NO. -13 -� ,moi STA � F EPORT %i TO: Honorable Mayor and City Councilmembers HU6 ofVA FROM: Shannon Yauchrcc, Chief executive Officer rH ,' Terry Shea, I lcrin l� mance Director NA LEY DATE: July 15, 2015 x,60 JAW SUBJECT: ADOPTION OF THE BUDGET FOR FISCAL YEAR 2015/2016 FOR THE CITY, FINANCE AUTHORITY, HOUSING AUTHORITY AND SUCCESSOR AGENCY SUMMARY The Mayor and City Council are required to adopt a budget annually for each fiscal year for the City. In addition, they must also adopt budgets for the Successor Agency, the Housing Authority and the Financing Authority where they also sit as Board Members. Attached are copies of the proposed budgets for Fiscal Year 2015/2016 and the Resolutions which approve the adoption of each budget, respectively. FISCAL IMPACT TOTAL BUDGET $79,730,355 General Fund Expense $26,332,832 General Fund Revenue $26,421,395 General Fund Surplus $ 88,563 Other Funds Internal Service Funds $ 4,918,375. Special Revenue Funds $21,517,810. Financing Authority $ 3,355,763. Housing Authority $ 5,548,128. Successor Agency $18,057,446. RECOMMENDATION That the Mayor and City Council approve the Fiscal Year 2015/2016 Budget for the City, by Resolution No. 2015-078, for the Housing Authority by Resolution No. 2015-005, for the Finance Authority by Resolution No. FA 2015-003, and the Successor Agency by Resolution No.SA 2015-005. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. BACKGROUND The Mayor and City Council must adopt a budget each fiscal year for the City and its respective Agency and Authorities to operate. The Chief Executive and Director of Finance met initially with each member of the Executive Team to review their departmental budgets and their various requests. From those meetings a proposed budget was assembled for the Mayor and City Council to review and consider. The Mayor and Members of the City Council held a Public Hearing and initial study session on June 23, 2015. During this session, staff was asked to respond to various questions, including providing additional information and proposing alternatives. At the meeting of June 23, the Mayor and City Council gave staff final directions as to the changes to be made to the original proposed budget. Those changes have been incorporated into the attached documents. The theme for this next budget year is "Moving Forward ....." The objective of the budgets presented, respectively, is to continue replacing key outdated equipment and vehicles, restoring service levels and reviving the spirit of the staff and community. July 15, 2015 Fiscal Year 2015/2016 Budget Page 2 The City-wide total proposed budget for Fiscal Year 2015-16 is $79,730,355. The City's General Fund budget is proposed to be $26,332,832. This is an increase of $1,309,063 or 5% over last year's budget for the General Fund. It provides for increases in service levels including restoring the State of the City Address, Celebrate Baldwin Park Parade, and improvements in infrastructure. The proposed budget has a projected surplus of $88,563 and a projected ending General Fund Balance of $7.55 million. The proposed budget allows for the replacement of four police patrol vehicles, six public works vehicles, one planning vehicle, updated computer servers, and financial software which will significantly increase efficiency. In accordance with Council direction at the June 23 meeting, the "Celebrate Baldwin Park" parade will be reinstated and partial funding will be appropriated for the State of the City Address. Supplemental funds may be sought through local sponsorships to provide complete funding for both events. This budget also provides for COLA increases and benefits as for the CEA and SEIU groups, and future budget adjustments will be made as terms with other employee groups are approved. Public safety continues to be the priority for the Mayor and City Council. This budget will provide funding for a total of 72 sworn positions for full year by adding two new Police Officer positions, up from 70 positions last year and restores the Police Reserve and Cadet programs. Because of the previous economic downturn, there were many positions eliminated several years ago. The duties and responsibilities of those positions were picked up by current staff or the work hours of part-time employees were increased. This budget includes restoring finance staffing levels by adding one full-time Accountant, updating the Assistant Accounting Manager to Accounting Manager, hiring,a second Public Work Supervisor as previously approved by Council, modifying six part-time Code Enforcement Officers to three full-time positions, and converting a part-time position to a full-time position in Information Technology. This should result in better service over the long term, providing for more continuity, less employee turn -over, more productivity and better service to the community. While there has been a definite growth in the economy, some related economic revenue sources remain behind and the recovery of the economy is still sow and fragile. The City needs to continue to take a balanced and conservative approach to spending and the managing of these expenditures. Staff will continue to monitor expenditures and appropriations closely and will keep the Mayor and City Council appraised of any changes that will impact revenues and the budget. In addition, staff will continue to bring to the City Council various revenue options for them to discuss and consider at a later date. The adoption of these four Resolutions will allow the City to continue operations and to provide the necessary services to the community for the next fiscal year. ALTERNATIVES In the event the budget is not adopted by July 1, 2015, staff is recommending that the City Council approve Continuing Appropriation Resolutions Nos. 2015-078; HA 2015-005; FA 2015-003; and SA 2015-005, which will allow the City to operate with the prior fiscal year's budget until a new budget is adopted. This will allow the City to continue providing vital services to the community but does not allow for spending for any new programs, including new capital improvement expenditures, until such time as a new budget is adopted by the City Council. ATTACHMENTS 1. Budget Resolution Nos. 2015-078; HA 2015-005; FA 2015-003; and SA 2015-005 2. Continuing Appropriation Resolution Nos. 2015-079; HA 2015-006; FA 2015-004; and SA 2015-006 RESOLUTION NO. 2015-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2015 AND ENDING JUNE 30, 2016 THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. That the Budget for the City of Baldwin Park for the fiscal year commencing July 1, 2015 and ending June 30, 2016, is hereby adopted as prepared and submitted by the Chief Executive Officer and as modified by the City Council for said fiscal year. A Budget is attached to this Resolution for adoption as presented. SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several departments, offices, and agencies for the respective objects and purposes therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable ordinances of the City and statutes of the State. SECTION 3. That the authority granted for making expenditures from other than the General Fund shall be limited to the actual amount of money received from the source of funds indicated in the Budget for each department, section, or purpose, and no liability upon the General Fund is assumed or can be imposed in excess of such amounts as may be provided therefore in this Budget from the General Fund. In the event that the amounts of money received and credited to the special funds exceed the amount herein estimated, such excess receipts shall be considered deferred allocations in such special funds, contingent upon such receipt and no expenditure thereof made except under the provisions as provided by law or ordinance. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner: (A) That at any meeting after adoption of the budget, total appropriations may be amended by the City Council by a majority vote of a quorum of the City Council. (B) For transfers of appropriations within the same cost center program, such transfers in an amount less than $10,000 may be approved by the department head, and such transfers up to $15,000 may be approved by the Chief Executive Officer. For amounts greater than $15,000, City Council approval is required. Resolution No. 2015-078 Page 2 (C) Transfers up to $15,000 between cost center programs may be approved by the Chief Executive Officer. For amounts greater than $15,000, City Council approval is required. (D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund. (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations must be approved by the City Council by a majority vote of a quorum of the City Council. (F) All transfers made pursuant to the above provisions shall be submitted to the City Council for informational purposes. SECTION 5. That the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 15th day of July, 2015. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss; CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council on July 15, 2015, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. FA 2015-003 A RESOLUTION OF THE FINANCING AUTHORITY OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2015 AND ENDING JUNE 30, 2016 THE FINANCING AUTHORITY BOARD MEMBERS OF THE CITY OF BALDWIN PARK DO RESOLVE AS FOLLOWS: SECTION 1. That the Budget for the Financing Authority of the City of Baldwin Park for the fiscal year commencing July 1, 2015 and ending June 30, 2016, is hereby adopted as prepared and submitted by the Financing Authority Executive Director and as modified by the Authority Board for said fiscal year. A Budget is attached to this resolution for adoption as presented. SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several line items for the respective objects and purposed therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State. SECTION 3. That the authority granted for making expenditures shall be limited to the actual amount of money received from the sources of funds indicated in the Budget and no liability upon the Authority is assumed or can be imposed in excess of such amounts as may be provided therefore in the Budget. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner: (A) That at any meeting after adoption of the budget, total appropriations may be amended by the Board Members by a majority vote of a quorum of the Authority Board. (B) For transfers of appropriations within the same cost center program, such transfers up to $15,000 may be approved by the Interim Executive Director. For amounts greater than $15,000, Authority Board approval is required. (C) Transfers up to $15,000 between line items may be approved by the Interim Executive Director. For amounts greater than $15,000, Authority Board approval is required. (D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund. (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations Resolution No. FA 2015-003 Page 2 must be approved by the Authority Board by a majority vote of a quorum of the Authority Board. (F) All transfers made pursuant to the above provisions shall be submitted to the Authority Board for informational purposes. SECTION 5. That the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 15th day of July 2015. MANUEL LOZANO CHAIR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the Members of the Financing Authority of the City of Baldwin Park at a regular meeting of the Financing Authority on July 15, 2015, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. HA 2015-005 A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2015 AND ENDING JUNE 30, 2016 THE HOUSING AUTHORITY BOARD MEMBERS OF THE CITY OF BALDWIN PARK DO RESOLVE AS FOLLOWS: SECTION 1. That the Budget for the Housing Authority of the City of Baldwin Park for the fiscal year commencing July 1, 2015 and ending June 30, 2016, is hereby adopted as prepared and submitted by the Housing Authority Executive Director and as modified by the Authority Board for said fiscal year. A Budget is attached to this resolution for adoption as presented. SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several line items for the respective objects and purposed therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State. SECTION 3. That the authority granted for making expenditures shall be limited to the actual amount of money received from the sources of funds indicated in the Budget and no liability upon the Authority is assumed or can be imposed in excess of such amounts as may be provided therefore in the Budget. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner: (A) That at any meeting after adoption of the budget, total appropriations may be amended by the Board Members by a majority vote of a quorum of the Authority Board. (B) For transfers of appropriations within the same cost center program, such transfers up to $15,000 may be approved by the Interim Executive Director. For amounts greater than $15,000, Authority Board approval is required. (C) Transfers up to $15,000 between line items may be approved by the Interim Executive Director. For amounts greater than $15,000, Authority Board approval is required. (D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund. (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations Resolution No. HA 2015-005 Page 2 must be approved by the Authority Board by a majority vote of a quorum of the Authority Board. (F) All transfers made pursuant to the above provisions shall be submitted to the Authority Board for informational purposes. SECTION 5. That the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 15th day of July 2015. MANUELLOZANO CHAIR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the Members of the Housing Authority of the City of Baldwin Park at a regular meeting of the Housing Authority on July 15, 2015, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. SA 2015-005 A RESOLUTION OF THE SUCCESSOR AGENCY OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2015 AND ENDING JUNE 30, 2016 THE SUCCESSOR AGENCY BOARD MEMBERS OF THE CITY OF BALDWIN PARK DO RESOLVE AS FOLLOWS: SECTION 1. That the Budget for the Successor Agency of the City of Baldwin Park for the fiscal year commencing July 1, 2015 and ending June 30, 2016, is hereby adopted as prepared and submitted by the Executive Director of the Successor Agency and as modified by the Agency Board for said fiscal year. A Budget is attached to this resolution for adoption as presented. SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several line items for the respective objects and purposed therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State. SECTION 3. That the authority granted for making expenditures shall be limited to the actual amount of money received from the sources of funds indicated in the Budget and no liability upon the Authority is assumed or can be imposed in excess of such amounts as may be provided therefore in the Budget. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner: (A) That at any meeting after adoption of the budget, total appropriations may be amended by the Board Members by a majority vote of a quorum of the Authority Board. (B) For transfers of appropriations within the same cost center program, such transfers up to $15,000 may be approved by the Interim Executive Director. For amounts greater than $15,000, Authority Board approval is required. (C) Transfers up to $15,000 between line items may be approved by the Interim Executive Director. For amounts greater than $15,000, Agency Board approval is required. (D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund. (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations Resolution No. SA 2015-005 Page 2 must be approved by the Agency Board by a majority vote of a quorum of the Agency Board. (F) All transfers made pursuant to the above provisions shall be submitted to the Agency Board for informational purposes. SECTION 5. That the Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 15th day of July 2015. MANUEL LOZANO CHAIR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, Secretary of the Successor Agency of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the Members of the Successor Agency of the City of Baldwin Park at a regular meeting of the Successor Agency on July 15, 2015, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: ALEJANDRA AVILA SECRETARY RESOLUTION NO. 2015-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2014-15 BUDGET FOR FISCAL YEAR 2015-16 PENDING FINAL APPROVAL OF THE 2015-16 BUDGET WHEREAS, the City needs an operating budget to function financially, and WHEREAS, the City desires to continue making payments in a timely basis with proper authorization established, and WHEREAS, the City Council has a properly approved budget for fiscal year 2014-15. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Baldwin Park as follows: Section 1. The City adopts as a temporary measure the fiscal year 2014-15 budget as its budget for fiscal year 2015-16. Section 2. The Chief Executive Officer is hereby directed and authorized to take any and all necessary actions to implement this budget. Section 3. The Mayor or presiding officer of the Baldwin Park City Council is hereby authorized to execute this resolution indicating its adoption by the City Council. Section 4. The City Clerk, or her duly appointed Deputy, is directed to attest thereto. PASSED, APPROVED AND ADOPTED on this 15th day of July, 2015. Manuel Lozano, Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES f SS. CITY OF BALDWIN PARK Resolution No. 2015-079 Page 2 I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on July 15, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. FA 2015-004 A RESOLUTION OF THE FINANCING AUTHORITY OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2014-15 BUDGET FOR FISCAL YEAR 2015-16 PENDING FINAL APPROVAL OF THE 2015-16 BUDGET WHEREAS, the Financing Authority needs an operating budget to function financially, and WHEREAS, the Financing Authority desires to continue making payments in a timely basis with proper authorization established, and WHEREAS, the Financing Authority has a properly approved budget for fiscal year 2014-15. NOW, THEREFORE BE IT RESOLVED by the Financing Authority of the City of Baldwin Park as follows: Section 1. The Financing Authority adopts as a temporary measure the fiscal year 2014-15 budget as its budget for fiscal year 2015-16. Section 2. The Financing Authority Executive Director is hereby directed and authorized to take any and all necessary actions to implement this budget. Section 3. The Chair or presiding officer of the Financing Authority is hereby authorized to execute this resolution indicating its adoption by the Financing Authority. Section 4. The City Clerk, or her duly appointed Deputy, is directed to attest thereto. PASSED, APPROVED AND ADOPTED on this 15th day of July, 2015,. Manuel Lozano, Chair Resolution No. FA 2015-004 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS.. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the Financing Authority of the City of Baldwin Park at a regular meeting of the Financing Authority on July 15, 2015, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. HA 2015-006 A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2014-15 BUDGET FOR FISCAL YEAR 2015-16 PENDING FINAL APPROVAL OF THE 2015-16 BUDGET WHEREAS, the Housing Authority needs an operating budget to function financially, and WHEREAS, the Housing Authority desires to continue making payments in a timely basis with proper authorization established, and WHEREAS, the Housing Authority has a properly approved budget for fiscal year 2014-15. NOW, THEREFORE BE IT RESOLVED by the Housing Authority of the City of Baldwin Park as follows: Section 1. The Housing Authority adopts as a temporary measure the fiscal year 2014-15 budget as its budget for fiscal year 2015-16. Section 2. The Housing Authority Executive Director is hereby directed and authorized to take any and all necessary actions to implement this budget. Section 3. The Chair or presiding officer of the Housing Authority is hereby authorized to execute this resolution indicating its adoption by the Housing Authority. Section 4. The City Clerk, or her duly appointed Deputy, is directed to attest thereto. PASSED, APPROVED AND ADOPTED on this 15th day of July, 2015. Manuel Lozano, Chair Resolution No. HA 2015-006 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the Housing Authority of the City of Baldwin Park at a regular meeting of the Housing Authority on July 15, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. SA 2015-006 A RESOLUTION OF THE SUCCESSOR AGENCY OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2014-15 BUDGET FOR FISCAL YEAR 2015-16 PENDING FINAL APPROVAL OF THE 2015-16 BUDGET WHEREAS, the Successor Agency needs an operating budget to function financially, and WHEREAS, the Successor Agency desires to continue making payments in a timely basis with proper authorization established, and WHEREAS, the Successor Agency has a properly approved budget for fiscal year 2014-15. NOW, THEREFORE BE IT RESOLVED by the Successor Agency of the City of Baldwin Park as follows: Section 1. The Successor Agency adopts as a temporary measure the fiscal year 2014-15 budget as its budget for fiscal year 2015-16. Section 2. The Successor Agency Executive Director is hereby directed and authorized to take any and all necessary actions to implement this budget. Section 3. The Chair or presiding officer of the Successor Agency is hereby authorized to execute this resolution indicating its adoption by the Successor Agency. Section 4., The City Clerk, or her duly appointed Deputy, is directed to attest thereto. PASSED, APPROVED AND ADOPTED on this 15th day of July, 2015. Manuel Lozano, Chair Resolution No. SA 2015-006 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the Successor Agency of the City of Baldwin Park at a regular meeting of the Successor Agency on July 15, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK SUMMARY This item will authorize the Chief Executive Officer to execute a Memorandum of Understanding (MOU) with the County of Los Angeles for the administration and cost sharing for the implementation of the Coordinated Integrated Monitoring Program (LIMP) for the Upper San Gabriel River Enhanced Watershed Management Program (EWMP). FISCAL IMPACT Baldwin Park's share of the cost for the implementation of the LIMP, which will require regular monitoring and sampling of stormwater will cost the City approximately $283,000 over a five-year period beginning with first payments of $20,930 for Fiscal Year 2014-15 and $61,475 for Fiscal Year 2015-2016. The amounts are approximations and may decrease as additional cities join the EWMP and share the CIMP implementation costs. The City of Baldwin Park does not currently collect or levy a fee assessed to parcels of land for stormwater runoff. The costs of this program will be paid for with a combination of General Fund and restricted fund sources. RECOMMENDATION It is recommended that the City Council authorize the Chief Executive Officer to execute a Memorandum of Understanding (MOU) with the County of Los Angeles for the administration and cost sharing for the implementation of the Coordinated Integrated Monitoring Program (LIMP) for the Upper San Gabriel River Enhanced Watershed Management Program (EWMP). BACKGROUND On December 28, 2012 the Regional Board adopted a Municipal Stormwater Permit, allowing the operation of the storm drain system. The Permit contains strict compliance requirements for cities and the County to ensure that minimum water quality standards for stormwater runoff are being met. As a method of complying with the new permit requirements, several cities in the Upper San Gabriel River Watershed Area, as well as Los Angeles County came together to jointly prepare the necessary plans to comply with the Permit. With Los Angeles County as the lead agency, the Upper San Gabriel River Enhanced Watershed Management Program Group ("Watershed Group") has been formed. Member cities of the group in addition to Baldwin Park include La Puente, Covina, Glendora, Industry and just recently West Covina. The Los Angeles County Flood Control District is also a member of the group. The group was formed to share resources and costs in the development of an EWMP and CIMP to comply with the Permit. ITEM NO. y STAFF REPORT TO: Honorable Mayor and City Councilmembers aaow - r FROM: Daniel Wall, P.E., Director of Public Works / City Engineer � sa ori /` DATE: July 15, 2015 ""' SUBJECT: APPROVE MEMORANDUM OF UNDERSTANDING FOR ADMINISTRATION AND COST SHARING OF THE COORDINATED INTEGRATED MONITORING PROGRAM FOR FOR THE UPPER SAN GABRIEL RIVER WATERSHED. SUMMARY This item will authorize the Chief Executive Officer to execute a Memorandum of Understanding (MOU) with the County of Los Angeles for the administration and cost sharing for the implementation of the Coordinated Integrated Monitoring Program (LIMP) for the Upper San Gabriel River Enhanced Watershed Management Program (EWMP). FISCAL IMPACT Baldwin Park's share of the cost for the implementation of the LIMP, which will require regular monitoring and sampling of stormwater will cost the City approximately $283,000 over a five-year period beginning with first payments of $20,930 for Fiscal Year 2014-15 and $61,475 for Fiscal Year 2015-2016. The amounts are approximations and may decrease as additional cities join the EWMP and share the CIMP implementation costs. The City of Baldwin Park does not currently collect or levy a fee assessed to parcels of land for stormwater runoff. The costs of this program will be paid for with a combination of General Fund and restricted fund sources. RECOMMENDATION It is recommended that the City Council authorize the Chief Executive Officer to execute a Memorandum of Understanding (MOU) with the County of Los Angeles for the administration and cost sharing for the implementation of the Coordinated Integrated Monitoring Program (LIMP) for the Upper San Gabriel River Enhanced Watershed Management Program (EWMP). BACKGROUND On December 28, 2012 the Regional Board adopted a Municipal Stormwater Permit, allowing the operation of the storm drain system. The Permit contains strict compliance requirements for cities and the County to ensure that minimum water quality standards for stormwater runoff are being met. As a method of complying with the new permit requirements, several cities in the Upper San Gabriel River Watershed Area, as well as Los Angeles County came together to jointly prepare the necessary plans to comply with the Permit. With Los Angeles County as the lead agency, the Upper San Gabriel River Enhanced Watershed Management Program Group ("Watershed Group") has been formed. Member cities of the group in addition to Baldwin Park include La Puente, Covina, Glendora, Industry and just recently West Covina. The Los Angeles County Flood Control District is also a member of the group. The group was formed to share resources and costs in the development of an EWMP and CIMP to comply with the Permit. CIMP MOU July 15, 2015 Page 2 On September 18, 2013, the City Council approved a Memorandum of Understanding between the Los Angeles County Flood Control District, the County of Los Angeles, and the Cities of Baldwin Park, Covina, Glendora, Industry and La Puente to prepare the required EWMP and CIMP documents. The Permit specifically allows the formation of Regional Groups in addressing stormwater pollution. This approach allows for economies of scale in developing plans and monitoring, promotes regional projects, and should facilitate state and federal funding for these projects. LEGAL REVIEW This item has been reviewed by the City Attorney ALTERNATIVES The City Council could choose to not to participate in the CIMP. However in order to avoid fines of up to $25,000 per day, the City would have to develop and implement an approved water quality monitoring program on its own. The costs of this solo effort would exceed the cost of participation in the CIMP. Attachment A. MOU Regarding the Administration and Cost Sharing for Implementing the Coordinated Integrated Monitoring Program for the upper San Gabriel River Watershed. MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF LOS ANGELES, THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, AND THE CITIES OF BALDWIN PARK, COVINA, GLENDORA, INDUSTRY, LA PUENTE, AND SOUTH EL MONTE REGARDING THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTING THE COORDINATED INTEGRATED MONITORING PROGRAM FOR THE UPPER SAN GABRIEL RIVER WATERSHED This Memorandum of Understanding (MOU), made and entered into as of the date of the last signature set forth below by and between the COUNTY OF LOS ANGELES (COUNTY), a political subdivision of the State of California, the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (LACFCD), a body corporate and politic, and the CITIES OF BALDWIN PARK, COVINA, GLENDORA, INDUSTRY, LA PUENTE, and SOUTH EL MONTE, municipal corporations. Collectively, these entities shall be known herein as PARTIES or individually as PARTY. WITNESSETH WHEREAS, the Regional Water Quality Control Board, Los Angeles Region (REGIONAL BOARD) adopted National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit Order No. R4-2012-0175 (MS4 Permit); and WHEREAS, the MS4 Permit became effective on December 28, 2012, and requires that the COUNTY, the LACFCD, and 84 of the 88 cities (excluding Avalon, Long Beach, Palmdale, and Lancaster) within the Los Angeles County comply with the prescribed elements of the MS4 Permit; and WHEREAS, the MS4 Permit identified the PARTIES as MS4 permittees that are responsible for compliance with the MS4 Permit requirements pertaining to the San Gabriel River Watershed Management Area; and WHEREAS, the PARTIES entered into a memorandum of understanding on October 24, 2013 to collaborate in the development of a Coordinated Integrated Monitoring Program (CIMP) for the Upper San Gabriel River Watershed, with the exception of South EI Monte; and WHEREAS, the CIMP was submitted to the REGIONAL BOARD by the PARTIES on June 30, 2014, with the exception of South EI Monte, and is anticipated to be approved by the REGIONAL BOARD; and WHEREAS, South EI Monte indicated its intention to join the CIMP in a letter to the REGIONAL BOARD, dated February 26, 2015; and Page 1 of 20 WHEREAS, the PARTIES agreed to include South EI Monte in the Revised CIMP, which was submitted to the Regional Board on May 6, 2015; and WHEREAS, the PARTIES collaboratively prepared a final Scope of Work to obtain a consultant (CONSULTANT) to assist the PARTIES with complying with certain elements of the MS4 Permit, as specified in the Scope of Work, which is incorporated into this MOU by reference; and WHEREAS, the PARTIES propose engaging a CONSULTANT as set forth in Section 6(a), below, to implement the CIMP, prepare CIMP Annual Reports, and prepare any necessary revisions to the CIMP in compliance with the MS4 Permit; and WHEREAS, the PARTIES have determined that hiring the CONSULTANT to implement the CIMP will be beneficial to the PARTIES, and they have agreed to pay the PARTIES' fair share of the cost to COUNTY, who will act on behalf of the PARTIES to contract with the CONSULTANT for the implementation of the CIMP; and WHEREAS, the PARTIES have agreed to cooperatively share and fully fund the estimated costs of implementing the CIMP, as shown in Exhibit A; based on the cost allocation formula contained in Exhibit A of this MOU; and WHEREAS, the PARTIES have agreed that the total five-year cost for implementing the CIMP shall not exceed $4,574,552.28, which includes a 5 percent contract administration cost and a 10 percent contingency; and WHEREAS, the PARTIES agree that each shall assume full and independent responsibility for ensuring its own compliance with the MS4 Permit despite the collaborative approach of the MOU. NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this MOU, the PARTIES agree as follows: Section 1. Recitals. The recitals set forth above are incorporated into this MOU. Section 2. Purpose, The purpose of this MOU is to cooperatively fund the implementation of the CIMP and to coordinate the payment and performance of the monitoring services. Section 3. Cooperation. The PARTIES shall fully cooperate with one another to attain the purposes of this MOU. Section 4. Voluntary, This MOU is voluntarily entered into for the implementation of the CIMP. Section 5. Term. This MOU shall become effective on the last date of execution by a PARTY (EFFECTIVE DATE) or June 30, 2015, whichever comes first, and shall remain Page 2 of 20 in effect until (1) COUNTY has provided the Section 6(f) and the PARTIES have paid all 2019, whichever comes first. Section 6. COUNTY AGREES: PARTIES with an accounting as set forth in outstanding invoices, or (2) December 31, a. Consultant Services. To select a CONSULTANT from COUNTY's as -needed watershed engineering and water quality support consultant services contractors for implementation of the CIMP in accordance with the Scope of Work, and any subsequent changes to the CIMP as agreed upon by the PARTIES and approved by the REGIONAL BOARD. COUNTY will be compensated for the administration of the consultant contract at a rate of 5 percent of each PARTY'S contract cost as described in Exhibit A. COUNTY will comply with all procurement requirements applicable to said selection. b. Invoice. To invoice the PARTIES in amounts not exceeding the invoice amounts shown in Table 5 of Exhibit A. The annual payments for the period of July 1 through June 30 will be invoiced in July of that year, except for the first invoice, which will be issued upon the execution of this MOU by all PARTIES or in June 2015, whichever comes first. At the end of each fiscal year, any unused funds will be rolled over and used towards future years of CIMP implementation, and the outstanding invoice amounts set forth in Table 5 of Exhibit A for future years will be reduced accordingly. c. Exoniture. To utilize the funds deposited by the PARTIES only for the administration of the consultant contract and the implementation of the CIMP. COUNTY will provide an accounting of funds expended and remaining at the end of each fiscal year. d. C ntin gnc r. COUNTY will notify the PARTIES if actual expenditures are anticipated to exceed the cost estimates contained in Table 1 of Exhibit A and obtain written approval of such expenditures from all PARTIES. Upon approval, the PARTIES agree to reimburse COUNTY for their proportional share of these additional expenditures at an amount not to exceed 10 percent of the original cost estimate as shown in Table 5 of Exhibit A. This 10 percent contingency will not be invoiced, unless actual expenditures exceed the original cost estimate. Expenditures that exceed the 10 percent contingency will require an amendment to this MOU. e. Report. To submit reports to the REGIONAL BOARD as described in the CIMP and distribute copies of the reports to the PARTIES prior to submittal to the REGIONAL BOARD for review and comment. COUNTY will provide the PARTIES with an electronic copy of the completed CIMP Annual Report within 7 business days after receipt from the CONSULTANT. In addition, COUNTY will submit to the PARTIES the data used to prepare the reports. No report shall be submitted to the REGIONAL BOARD unless and until it has been approved, in Page 3 of 20 writing, for submittal by all PARTIES, excepting a PARTY or PARTIES whose involvement in this MOU has been terminated or who fails to respond to requests for approval. Termination. To provide an accounting upon termination of this MOU. At the completion of the accounting, COUNTY shall return any unused portion of all funds deposited with COUNTY in accordance with the cost allocation formula set forth in Exhibit A. g. Permit. To work with the CONSULTANT to obtain all necessary permits for installation of permanent infrastructure or modifications to monitoring sites, and access within storm drains, channels, catch basins, and similar properties (FACILITIES) during monitoring events and maintenance. Section 7. The LACFCD AGREES: a. Mass Emission Stations Monitoring. To conduct monitoring at the existing mass emission stations owned and operated by the LACFCD in accordance with the CIMP, but limited to water column chemistry and aquatic toxicity. The LACFCD will conduct monitoring for the first two dry weather events and three wet weather events at no cost to the PARTIES or their CONSULTANTS. b. Additional Mgnittorii) i�t�LACFCD Mass Emission Stations. To coordinate with COUNTY for any additional monitoring required by the CIMP at its existing mass emission stations beyond two dry weather events and three wet weather events. The actual cost of such additional monitoring, not to exceed $6,000 per additional event, will be deducted from LACFCD's contribution. c. M nitoring Results. To provide monitoring results for the CONSULTANT to conduct analyses and include in all required CIMP reporting. d. Access. To grant access to the PARTIES and the CONSULTANT to LACFCD's FACILITIES, to achieve the purposes of this MOU, provided the PARTIES and their CONSULTANTS obtain a permit and provide written notice 72 hours in advance of entry to LACFCD's FACILITIES. Access permits will be issued by the LACFCD at no cost to the PARTIES or their CONSULTANTS. Permits for construction or installation of structures in LACFCD right of way will incur fees to cover the cost of review, inspection, etc., by LACFCD. Section 8. THE PARTIES FURTHER AGREE: a. Payment. To fund the cost of the implementation of the CIMP and to pay COUNTY for their proportional share of the estimated cost for the implementation of the CIMP and contract administration not exceeding the invoice amounts as shown in Table 5 of Exhibit A, within sixty (60) days of receipt of the invoice from COUNTY. The cost estimates presented in Exhibit A have been agreed upon by Page 4 of 20 the PARTIES and are subject to changes in the CIMP pursuant to new REGIONAL BOARD requirements and/or unforeseen challenges in the field. Any such changes proposed to the PARTIES' proportional share are subject to funding appropriation and will require written approval of the PARTIES as explained in section 6(d). b. Documentation. To make a good faith effort to cooperate with one another to achieve the purposes of this MOU by providing all requested information and documentation in their possession and available for release to the CONSULTANT that is deemed necessary by the PARTIES to implement the CIMP. c. Access. Each PARTY will allow reasonable access and entry to the CONSULTANT, on an as needed basis during the term of this MOU, to the PARTY'S FACILITIES to achieve the purposes of this MOU, provided, however, that prior to entering any of the PARTY'S FACILITIES, the CONSULTANT shall obtain all necessary permits and execute a Right -of -Entry Agreement and provide written notice 72 hours in advance of entry from the applicable PARTY. d. Permit. Each PARTY will work with the CONSULTANT to obtain all necessary permits for installation of permanent infrastructure or modifications to stormwater monitoring sites within each PARTY'S jurisdiction. e. Additional Parkici ants, The PARTIES agree that if any other entity decides to cost share any element of the CIMP, COUNTY will enter into a separate MOU with that entity and will reduce the PARTIES' future invoice amount(s) based on the cost share formula contained in Table 3 of Exhibit A of this MOU. Additional Studies. The PARTIES agree that additional watershed -wide special studies, monitoring with other watershed groups, conducting necessary special studies, preparing grant applications, and/or conducting other collaborative activities for the purpose of complying with the MS4 Permit may be funded by the PARTIES subject to the terms of this MOU, provided that there are available excess contract funds or contingency funds available to fund these activities. Prior to the performance of any such activities, all PARTIES must provide written approval of the activities and a revised Exhibit A showing which PARTIES will be funding the activities and in what amounts. Section 9. Indemnification a. Each PARTY shall indemnify, defend, and hold harmless each other PARTY, including its special districts, elected and appointed officers, employees, agents, attorneys, and designated volunteers from and against any and all liability, including, but not limited to demands, claims, actions, fees, costs, and expenses (including reasonable attorney's and expert witness fees), arising from or connected with the respective acts of each PARTY arising from or related to this Page 5 of 20 MOU; provided, however, that no PARTY shall indemnify another PARTY for that PARTY'S own negligence or willful misconduct. b. In light of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement (as defined in Section 895 of said Code), each of the PARTIES hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, shall assume the full liability imposed upon it or any of its officers, agents, or employees, by law for injury caused by any act or omission occurring in the performance of this MOU to the same extent such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above stated purpose, each PARTY indemnifies, defends, and holds harmless each other PARTY for any liability, cost, or expense that may be imposed upon such other PARTY solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if incorporated herein. Section 10. Termination and Withdrawal a. This MOU may be terminated upon the express written agreement of all PARTIES. If this MOU is terminated, then all PARTIES must agree on the equitable redistribution of remaining funds deposited, if there are any, or payment of invoices due at the time of termination. Completed work shall be owned by the PARTY or PARTIES who fund the completion of such work. Rights to uncompleted work by the CONSULTANT still under contract will be held by the PARTY or PARTIES who fund the completion of such work. b. If a PARTY fails to substantially comply with any of the terms or conditions of this MOU, then that PARTY shall forfeit its rights to work completed through this MOU, but no such forfeiture shall occur unless and until the defaulting PARTY has first been given notice of its default and a reasonable opportunity to cure the alleged default. c. COUNTY will notify all PARTIES in writing of any PARTY failing to cure an alleged default in compliance with the terms or conditions of this MOU. The non - delinquent PARTIES will determine the next course of action. The remaining cost will be distributed based on the existing cost allocation formula in Exhibit A. If the increase is more than the 10 percent contingency, an amendment to this MOU must be executed to reflect the change in the PARTIES' cost share. d. If a PARTY wishes to withdraw from this MOU for any reason, that PARTY must give the other PARTIES and the REGIONAL BOARD prior written notice thereof. The withdrawing PARTY shall be responsible for its share of the CIMP implementation cost through the end of the current monitoring year (July 1 through June 30), including costs for reporting of data and results. The effective date of withdrawal shall be the 6th day after COUNTY receives written notice of Page 6 of 20 the PARTY'S intent to withdraw. Should any PARTY withdraw from this MOU, the remaining PARTIES' cost share allocation shall be adjusted in accordance with the cost allocation formula in Exhibit A. Section 11. General Provisions a. Notices. Any notices, bills, invoices, or reports relating to this MOU, and any request, demand, statement, or other communication required or permitted hereunder shall be in writing and shall be delivered to the representatives of the PARTIES at the addresses set forth in Exhibit B attached hereto and incorporated herein by reference. The PARTIES shall promptly notify each other of any change of contact information, including personnel changes, provided in Exhibit B. Written notice shall include notice delivered via e-mail or fax. A notice shall be deemed to have been received on (a) the date of delivery, if delivered by hand during regular business hours, or by confirmed facsimile or by e-mail; or (b) on the third (3rd) business day following mailing by registered or certified mail (return receipt requested) to the addresses set forth in Exhibit B. b. Administration. For the purposes of this MOU, the PARTIES hereby designate as their respective PARTY representatives the persons named in Exhibit B. The designated PARTY representatives, or their respective designees, shall administer the terms and conditions of this MOU on behalf of their respective PARTY. Each of the persons signing below on behalf of a PARTY represents and warrants that he or she is authorized to sign this MOU on behalf of such PARTY. e. Relationship of the PARTIES. The PARTIES are, and shall at all times remain as to each other, wholly independent entities. No PARTY to this MOU shall have power to incur any debt, obligation, or liability on behalf of any other PARTY unless expressly provided to the contrary by this MOU. No employee, agent, or officer of a PARTY shall be deemed for any purpose whatsoever to be an agent, employee, or officer of another PARTY. c. Binding Effect. This MOU shall be binding upon, and shall be to the benefit of the respective successors, heirs, and assigns of each PARTY; provided, however, no PARTY may assign its respective rights or obligations under this MOU without prior written consent of the other PARTIES. d. Amendment. The terms and provisions of this MOU may not be amended, modified, or waived, except by an instrument in writing signed by all non -delinquent PARTIES. For purposes of this MOU, a PARTY shall be considered delinquent if that PARTY fails to timely pay an invoice as required by Section 8(a) or withdraws pursuant to Section 10(d). e. Law to Govern. This MOU is governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. Page 7 of 20 f. Severability. If any provision of this MOU shall be determined by any court to be invalid, illegal, or unenforceable to any extent, then the remainder of this MOU shall not be affected, and this MOU shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in this MOU. g. Entire Agreement. This MOU constitutes the entire agreement of the PARTIES with respect to the subject matter hereof. h. Waiver. Waiver by any PARTY to this MOU of any term, condition, or covenant of this MOU shall not constitute a waiver of any other term, condition, or covenant. Waiver by any PARTY to any breach of the provisions of this MOU shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOU. Counterpart . This MOU may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute one and the same instrument, provided, however, that such counterparts shall have been delivered to all PARTIES to this MOU. j. All PARTIES have been represented by counsel in the preparation and negotiation of this MOU. Accordingly, this MOU shall be construed according to its fair language. Any ambiguities shall be resolved in a collaborative manner by the PARTIES and shall be rectified by amending this MOU as described in section 11(d). IN WITNESS WHEREOF, the PARTIES hereto have caused this MOU to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES: H H H H H H Page 8 of 20 COUNTY OF LOS ANGELES m GAIL FARBER, Director of Public Works Date APPROVED AS TO FORM: MARK J. SALADINO County Counsel m Deputy Page 9 of 20 Date LOS ANGELES COUNTY FLOOD CONTROL DISTRICT m GAIL FARBER, Chief Engineer APPROVED AS TO FORM: MARK J. SALADINO County Counsel QI Deputy Page 10 of 20 Date Date CITY OF BALDWIN PARK m Shannon Yauchzee, P.E. Date Chief Executive Officer APPROVED AS TO CONTENT:. m Daniel Wall, P.E. Public Works Director/City Engineer APPROVED AS TO FORM: In Robert N. Tafoya, Esq. City Attorney Page 11 of 20 CITY OF COVINA Name.. Title: APPROVED AS TO FORM: Name: Title: Page 12 of 20 Date CITY OF GLENDORA M Chris Jeffers City Manager APPROVED AS TO CONTENT: m Si David A. Davies Public Works Director 3q1V1"q _"r0lY�l:�u� D. Wayne Leech City Attorney Page 13 of 20 Date CITY OF INDUSTRY M Kevin Radecki City Manager APPROVED AS TO FORM: Michelle Vadon City Attorney Page 14 of 20 Date CITY OF LA PUENTE M David Carmany City Manager APPROVED AS TO FORM: By James M. Casso City Attorney Page 15 of 20 Date Il Anthony Ybarra City Manager Hel a iA APPROVED AS TO FORM: By Quinn Barrow City Attorney Page 16 of 20 Date EXHIBIT A Upper San Gabriel River Watershed Funding Contributions for CIMP Implementation Table 1. Contract Cost Deliverable Estimated Cost Receivin Water Monitorin $1,313,573.50 Stormwater Monitoring $1,048,955.50 Non-Stormwater Screenin andMonitoring $1,106,943.00 ortin Re , Meetings, and Pro'ect Management $609,536.00 Total Contract $4,079,008.00 Table 2. LACFCD's Contribution Item Estimated Cost LACFCD's Five -Percent Cost $203,950.40 Cost to LACFCD for Conducting Four Additional Metals Sampling -$24,000.00 at San Gabriel River Mass Emission LACFCD's Contribution $179,950.40 Table 3. Remaining Contract Cost Item Estimated Cost Contract Cost $4,079,008.00 LACFCD's Contribution -$179,950.40 Remaining Contract $3,899,057.60 Additional Participants with Executed MOU with COUNTY -$0.00 Remaining Contract $3,899,057.60 Table 4. Cost Allocation Formula Percent Party Acres Allocated Contract Administration Estimated of Area Cost 5 perceng Cost COUNTY 40,812 59.1 $2,305,539.54 $2,305,539.54 City of Baldwin 4,335 6.3 $244,891.55 $12,244.58 $257,136.13 Park City of Covina 4,481 6.5 $253,139.34 $12,656.97 $265,796.31 City of Glendora 9,307 13.5 $525,768.31 $26,288.42 $552,056.73 City of Industry 7,647 11.1 $431,992.08 $21,599.60 $453,591.68 City of La Puente 2,207 3.2 $124,677.20 $6,233.86 $130,911.06 City of South EI 231 0.3 $13,049.58 $652,48 $13,702.06 Monte Total 69,020 100.0 $3,899,057.60 $79,675.91 $3,978,733.51 Page 17 of 20 C O _N C N N L E c N Q >� E a C) Ca L � O � N Ca C O C :3 ` C O CD- C) Q C LL " CO (D W CL O N 4- O co O1) On m a- 00 M qrr CD CD CD co 'I: r- 0) ll� M rto N N a O C 0) co O LO y U O O c) N O O LV) a O C r, Cfl N N r-� Oo .;i Ln I�i O co Ln co O O m l r H4 LO O C C Ef} V9- Q%� 64 � H4 i- V � � ->+ It LO r M r- I'- r r O V O O O OD OD r r N M C LO M M O LO O O co 0 .-. 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O M M N O OR r It N rl- r C'7 co 00 co m CM O r-_: CO O � CD 00 N 00 � N I r co N ti N CA r N CD r CD � r �+ It ti CD co � cli � C) M C) 6{} LCA H409- r r 619-O LL 69- 69 61)- 4LOQ co ti LO N CD LO 00 r � ti Nr O r CD CD OO co CO T- M co 00 r- r- co N co ti N CD C LO N MOO CO O � co C) Ln r- O co 00 N r n =v co 69 O V) d4 LO 69 r r69 CA 69 CV 69 69 O LO d0) LO p N q ccri r- O D LO M CD LO M r r LO N It r ti L[) M NLA ti 0) It LO 0) N It N T LL Iq 69 LC) CO 69 CD 69 M_ O_ M 64 CA � 69 6-k64 604 0 N 0 00 It Ln O ti CD LA N Cfl It N N ti N r r LA^ 0) N r� co co O OA CD r U')r Irl CD r- o Cfl o o C > r O N N M r 69 v fir 69rEf� 64 69 64 H4 69 Mffi ' d 4_C t 4_ " 4_ �J4_ w W 13) 'Ca U O O O O O N � O� Bp >% >> o 0 c J O U amU mU " CO (D W CL O N 4- O co O1) On m a- EXHIBIT B Upper San Gabriel River Watershed Responsible Agency Representatives County of Los Angeles Department of Public Works Watershed Management Division, 11 th Floor 900 South Fremont Avenue Alhambra, CA 91803-1331 Paul Alva, Assistant Division Head E-mail: palva@dpw.lacounty.gov Phone: (626) 458-4325 2. Los Angeles County Flood Control District Department of Public Works Watershed Management Division, 11 th Floor 900 South Fremont Avenue Alhambra, CA 91803-1331 Terri Grant, Assistant Division Head E-mail: tgrant@dpw.lacounty.gov Phone: (626) 458-4309 3. City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706-4297 Daniel Wall, Director of Public Works/City Engineer E-mail: dwall@baldwinpark.com Phone: (626) 813-5251 4. City of Covina 125 East College Street Covina, CA 91723 Vivian Castro, Environmental Services Manager E-mail: vcastro@covinaca.gov Phone: (626) 384-5480 5. City of Glendora 116 East Foothill Boulevard Glendora, CA 91741 David A. Davies, Director of Public Works E-mail: ddavies@ci.glendora.ca.us Phone: (626) 914-8246 Page 19 of 20 EXHIBIT B Upper San Gabriel River Watershed Responsible Agency Representatives 6. City of Industry 15625 East Stafford Street, Suite 100 City of Industry, CA 917447 John D. Ballas, Director of Public Works/City Engineer E-mail: jdballas@cityofindustry.org Phone: (626) 333-2211 7. City of La Puente 15900 East Main Street La Puente, CA 91744 John Di Mario, Development Services Director E-mail: jdimario@lapuente.org Phone: (626) 855-1517 8. City of South EI Monte 1415 North Anita Avenue South EI Monte, CA 91733 Anthony (Tony) Ybarra, City Manager E-mail: TYbarra@soelmonte.org Phone: (626) 579-6540 Page 20 of 20 STAFF REPORT "[0 ITEM NO. 15- 1 FIM -M 1rQW M Shannon'Vauchzee, Chief Executive Officer DATE: July 15, 2015 SUMMARY Adopt Resolutions approving: A. Memorandum of Understanding (MOU) between the City of Baldwin Park and the Baldwin Park Police Management Employees' Association. B. Memorandum of Understanding (MOU) between the City of Baldwin Park and the General Unit of Maintenance Employees, Service Employees International Union, SEW Local 721. C. City Council of the City of Baldwin Park Amending the Executive Employees Benefits Matrix. D. City Council of the City of Baldwin Park Amending the Unclassified Managers Benefits Matrix. FISCAL IMPACT Police Mannemetil, Associa(ioi The MOU with the BPPMA is structured where it is implemented over a three year period beginning July 1, 2014. The retroactive costs associated with FY 2014/15 will be included in the FY 2015/16 Budget. The additional cost for FY 2015/16 is $147,403 and for FY 2016/17 is $176,831. The General Fund portion of the BPPMA payroll costs is 100%. SEIU Lo ' cal 721 The MOU with the SEIU is structured where it is implemented over a three year period beginning July 1, 2014. The retroactive costs associated with FY 2014/15 will be included in the FY 2015/16 Budget. The additional General Fund cost for FY 2015/16 is $21,564 and for FY 2016/17 is $25,095 and the restricted fund costs for FY 2015/16 is $218,038 and for FY 2016/17 is $253,739, as the General Fund portion of the SEIU payroll costs is 9% as 91% of the costs are charged to various other restricted funds of the City. Executive Team The changes to the Executive Benefits Matrix for the Eteam are structured where it is implemented over a three year period beginning July 1, 2014. The retroactive costs associated with FY 2014/15 will be included in the FY 2015/16 Budget. The additional General Fund cost for FY 2015/16 is $51,856 and for FY 2016/17 is $67,676 and the restricted fund costs for FY 2015/16 is $39,120 and for FY 2016/17 is $51,054, as the General Fund portion of the Executive payroll costs is 57% as 43% of the costs are charged to various other restricted funds of the City. Resolutions 2015-057,2015-058, 2015-081, I_Jricl,assi tied M,,aiaRel ictil The changes to the Executive Benefits Matrix for the Unclassified Management Team are structured where it is implemented over a three year period beginning July 1, 2014. The retroactive costs associated with FY 2014/15 will be included in the FY 2015/16 Budget. The additional General Fund cost for FY 2015/16 is $5,497 and for FY 2016/17 is $7,356 and the restricted fund costs for FY 2015/16 is $19,490 and for FY 2016/17 is $26,082, as the General Fund portion of the Unclassified Management Team payroll costs is 22% as 78% of the costs are charged to various other restricted funds of the City. RECOMMENDATION It is recommended that the City Council approve resolutions to adopt MOUs with the Baldwin Park Police Management Employees' Association, the General Unit of Maintenance Employees, Service Employees International Union, SEIU Local 721, and adopt the resolutions amending the executive benefits and managers' benefits matrices. Per the City Council's direction, staff has met and conferred with representatives of the Baldwin Park Police Management Employees' Association and the General Unit of Maintenance Employees, Service Employees International Union, SElU Local 721. As approved by City Council, the negotiation process has now been concluded and a majority of the members of the subject bargaining groups have ratified the proposed changes in their respective Memorandums of Understanding for their unit. Upon adoption of Resolutions 2015-057 and 2015-058, the MOUS will implement the terms and conditions of employment through and including June 30, 2017 as negotiated. Police Matiat!etncnt Associalioti The following are the significant changes to the City's current agreement with BPPMA in the proposed MOU: • Will take effect retro -active to July 1, 2014 and shall remain in effect through June 30, 2017 • Base Salary Increases * I%retro to July 1, 2014 * 2% retro to January 1, 2015 * 2% effective the first pay period following July 1, 2015 * 2% effective the first pay period following July 1, 2016 • CalPERS Member contribution: o Effective as soon as reasonably practical and consistent with CalPERS documentary requirements, the City shall amend its contract with CalPERS consistent with Sworn employees agreeing to pay 9% of the member contribution in exchange for an offset wage increase of the same amount • Effective June 30, 2017 Sworn employees will receive a longevity pay as follows: * 10-14 years of full-time service: $158/month * 15-19 year of full-time service: $315/month * 20-24 years of full-time service: $470/month * 25 + years of fall -time service: $675/month • Effective July 1, 2015 the City provide POST incentive: o Management POST Certificate: $200/month • Effective July 1, 2015 the sworn personnel will increase their annual uniform allowance to $900. • Effective upon ratification the City will increase the compensatory cap to 200 hours Resolutions 2015-057,2015-058, 2015-081, • Effective July 1, 2015 the City will file a resolution with CalPERS to change the PEMCHA minimum and set up a vesting schedule for any employee hired on or after July 1, 2015. Current retirees and current employees will enjoy the same benefit as currently in place with CalPERS SEIU„_Local„ 721 The following are the significant changes to the City's Current agreement with SEIU Local 721 in the proposed MOU: • Will take effect retro -active to July 1, 2014 and shall remain in effect through June 30, 2017 • Base Salary Increases 0 1% retro to July 1, 2014 0 2% retro to January 1, 2015 0 2% effective the first pay period following July 1, 2015 0 2% effective the first pay period following July 1, 2016 • CalPERS Member contribution: o Effective as soon as reasonably practical and consistent with CalPERS documentary requirements, the City shall amend its contract with CalPERS consistent with unit employees agreeing to pay an additional 5% towards the 8% of the member contribution in exchange for an offset wage increase of the same amount • Effective January 1, 2015 the City will pay up to $950/monthly towards City provided health plan. • Effective upon ratification of contract the City will pay up to $52.00/monthly towards City provided dental plan. • Effective July 1, 2015 the City will increase the annual work boots allowance to $300. • Effective upon ratification of contract, Employees will receive 75% of unused portion of sick leave over their maximum. • Effective upon ratification of contract, unit members who possess certain licenses or certifications will receive an additional $150/monthly • Effective upon ratification of contract, unit members who are assigned to the graffiti crew will receive an additional $150/monthly in special assignment pay. • The City shall amend contract with CalPERS to provide for level IV of the 1959 Survivor Pre - Retirement Death Benefit • Effective July 1, 2015 the City will file a resolution with CalPERS to change the PEMCHA minimum and set up a vesting schedule for any employee hired on or after July 1, 2015. Current retirees and current employees will receive health benefits under CalPERS for employee plus one not to exceed $718 per month. Executive and Unclassified Mana eg ment Upon adoption of Resolutions 2015-081 and 2015-082, the City Council will amend the Executive Benefits Matrix and the Matrix for unclassified Managers to provide for the following: • Base Salary Increases 0 1 % retro to July 1, 2014 0 2% retro to January 1, 2015 0 2% effective the first pay period following July 1, 2015 0 2% effective the first pay period following July 1, 2016 • CalPERS Member contribution- Miscellaneous Employees: o Effective as soon as reasonably practical and consistent with CalPERS documentary requirements, the City shall amend its contract with CalPERS consistent with unit employees agreeing to pay an additional 5% towards the 8% of the member contribution in exchange for an offset wage increase of the same amount. • CalPERS Member contribution- Sworn Employee: Resolutions 2015-057,2015-058, 2015-081, o Effective as soon as reasonably practical and consistent with CalPERS documentary requirements, the City shall amend its contract with CalPERS consistent with executive employees agreeing to pay 9% of the member contribution in exchange for an offset wage increase of the same amount. ALTERNATIVES Council could provide staff alternative or direct to negotiate further. This would likely require the item to be held over and discussed again in closed session. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS #1: Resolution 2015-057 with attached Memorandum of Understanding #2: Resolution 2015-058 with attached Memorandum of Understanding #3: Resolution 2015-081 with attached Executive and unclassified Managers Benefits Matrix RESOLUTION NO. 2015-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND THE GENERAL UNIT OF MAINTENANCE EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION, SEIU LOCAL 721 PROVIDING FOR EMPLOYEES REPRESENTED BY THE GENERAL UNIT OF MAINTENANCE EMPLOYEES, SEIU LOCAL 721. YEARS 2014-2017 WHEREAS, the representatives of the City Council of the City of Baldwin Park have met and conferred with duly authorized representatives of the General Unit of Maintenance Employees to make equitable adjustments to wages and other terms and conditions of employment, and WHEREAS, a Memorandum of Understanding prepared by said representatives has been presented to the City Council for ratification, and WHEREAS, a majority of the unit members from this group voted to approve the Memorandum of Understanding. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby RESOLVE, DETERMINE AND ORDER as follows: SECTION 1, That this City Council does hereby approve and authorize the City of Baldwin Park's Mayor to sign the "Memorandum of Understanding" between the General Unit of Maintenance Employees, SEIU Local 721 and the City of Baldwin Park attached hereto as Exhibit A. This Memorandum of Understanding ("MOU") abrogates and supersedes the MOU effective from February 1, 2012 to June 30, 201; and this MOU is applicable for the period from July 1, 2014 through June 30, 2017. SECTION 2. That this City Council does hereby order that Exhibits "B", "C", "D", "E", "F" and Exhibit "G" shall be included herein as part of the General Unit of Maintenance Employees, SEIU Local 721 MOU. Resolutions or portions thereof in conflict hereby are hereby repealed. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall forward a certified copy hereof to each Department Head and the Human Resources Manager. SEIU Local 721 Maintenance Employees MOU 2014/2017 3 PASSED AND APPROVED this 151h day of July, 2015. Manuel Lozano Mayor SEIU Local 721 Maintenance Employees MDU 2014/2017 ATTEST: STATE OF CALIFORNIA — COUNTY OF LOS ANGELES — SS: CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2013-032 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on September 18, 2013, and that the same was adopted by the following vote to wit: AYES: COUNCIL Mayor Manuel Lozano, Ricardo Pacheco, MEMBERS: Susan Rubio NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ....................... ......J ......... ,,,_ ......... ALE ANDRA AVILA CITY CLERK I, Alejandra Avila, City Clerk of the City of Baldwin Park, hereby certify that the foregoing is a true copy of the original document/action, and on record in the official books on file in the City Clerk's Office. Alejandra Avila City Clerk SEIU Local 721 Maintenance Employees MOU 2014/2017 5 M'XU"Fwr Memorandum Understanding February1 through June 1 2014 SEIU EXHIBIT A CITY OF BALDWIN PARK MEMORANDUM OF UNDERSTANDING 2014-2017 BY AND BETWEEN THE GENERAL UNIT OF MAINTENANCE EMPLOYEES, S.E.I.U., Local 721 AND THE CITY OF BALDWIN PARK This Memorandum of Understanding has been prepared pursuant to Government Code Sections 3500 through 3570 as amended, which is generally referred to as the Meyers- Milias-Brown Act. This agreement has been developed as a result of the requests of the General Unit of Maintenance Employees, City of Baldwin Park, S,E.I.U., Local 721. The items in this agreement are subject to the approval of the City Council of the City of Baldwin Park and will be placed into effect upon the adoption of the necessary ordinances, resolutions or motions by the City Council, if acceptable to them, in accordance with the terms and conditions hereinafter set forth. The parties agree that the provisions contain(0-11'ough ,er in shall be subj' . to all applicable laws and covers the period of February 1, 201 June 30, 201 Vinless otherwise provided. SEIU Local 721 Maintenance Employees MOU 2014/2017 6 TABLE OF CONTENTS„ EXHIBITA ....,,...... .................................. .............. ..,............ ...,............... .............. --- ...........3 Section 1 Rights and Recognition ................................. ........... ................................. ,.......... 7 Recognition.................................................... ......... --- ....... ............................7 ManagementRights ............................ ,... ......, ..........................., ............7 UnionStewards ................. ...... ........... .,.............................. ,.......... .,..... ......... .,..,,.,.8 JobSafety by Steward ............................................. ............................ ..........9 Reporting................................................................................................................9 Management Responsibility................................................................................9 Notification of Other Supervisors.....................................................................10 Discrimination............................................................................................10 SavingsClause ............................. ......... ........ .......... ..............,....10 NoStrike — No Lockout... ..........................................................................10 ProhibitedConduct........................................................... ..................M....,.......... 10 UnionResponsibility............................................................................. �..... ,......11 Full Understanding, Modifications and Waiver.................n.,.,..,,,.......... ....... 11 Section 2 Fair Labor Standards Act Provisions..........................,.........,,......,....,.............,12 WorkPeriod........ ......... ........................................ .....,,....12 Overtime...............................................................................................................12 Section3 Work Schedules.................................................................................. .........14 Experimental Alternative Work Schedules.....................................................14 Workday — Maintenance Employees........................M,....,.,., .,,,,.,,...,..............14 Section 4 Attendance and Leaves .... --- ...... ....... ......... ................... ..........,......,......15 Hours of Work — Maintenance Employees....................................................15 SickLeave..............................................................................................................15 Annual Sick Leave Incentive.............................................................................15 Vacation................................................................................................................15 Holidays...............................................................................................................17 Maintenance Employees on a 9/80 Work Schedule.......................................17 FloatingHolidays ... .................. .................. ............................ ...................17 Maintenance Employees on a 9/80 Work Schedule.......................................17 HolidayBank.......................................................................................................17 Bereavement Leave ......................... ............. ...................18 MilitaryLeave ...................................... .................. ......... ......... ......... ..........19 JuryDuty .................................... ..................................................... „ ,........,.19 Training/Conference Leave...............................................................................19 SEIU Local 721 Maintenance Employees MOU 2014/2017 7 Injuryon Duty ................................................ ........................... ...................19 Industrial Injury Benefits ............................................. .., .,....... ....,.,..19 Section 5 Direct Wage Payments ..............................................................,........,......20 Salary........................................... .................... .......................... ........ .........20 Section 6 Insurance/Supplemental Wage Payments.......................................................20 LifeInsurance ...........0 ....................... ................................,.... ........ , ..........20 Vision Plan Coverage ...... ...................................................... ......... ..........20 Health Insurance .... .................................................. ......... ...................20 Dental Insurance ....................... ......................,...., .................. Retirement............... ........................... .................. ......... ......... ......... ..........21 Long -Term Disability ............... ........ ........,.,,., ....,... ........ ,,,....., .,...<,..,22 BilingualPay........................................................................................................22 ActingPay............................................................................................................22 WorkBoots...........................................................................................................22 Section 7 Policies and Procedures ........................................................ ......,....,,.,.,.,.23 Contracting Outside Work- ............... ................. .................. ,...................23 Written Warnings/Reprimands.........................................................................23 StrenuousActivity.......................................................... .......... ,........... ...,....23 Organizational Security.....................................................................................23 Voluntary Political Contributions....................................................................25 LayoffPolicy ................... .................. ..__............... ,,...,,..,...,... ...................25 Emergency Preparedness Policy.......................................................................25 Personnel Rules Additions................................................................................26 Labor/Management Committee........................................................................26 CitySafety Committee.......................................................................................26 Grievance Procedure Definition.......................................................................26 Standard Grievance Form..................................................................................28 American's With Disabilities Act......................................................................28 Pre -Employment — Alcohol and Drug Testing.............................................29 Alcohol and Drug Abuse Policy Purpose........................................................29 Policy.....................................................................................................................29 Application...........................................................................................................29 Employee Responsibilities ............................ ..... ,.... .............. ,.., .......... ...,...,..30 Management Responsibilities...........................................................................30 Smoke Free Workplace.......................................................................................31 Purpose................................................. ................... ........... ........ ..,.....,31 Policy................................................................................................... ..........32 SEIU Local 721 Maintenance Employees MO 2014/2017 8 Erocwe(kir....... ...................... ,........ .............. ........... ..,......,.........,...., ,..........,.....3 Tuition Reimbursement.....................................................................................32 LimitedRe-Opener.............................................................................................33 Exhibit„B" .......... ___ ....... ...................................... ....................... ...... ............ ............ ..........35 Exhibit"C .. ........................................... ............................................. ............................36 Exhibit„D,'...................................................................................... ........ ............... ....,..... 37 Exhibit"'E . ................ .................. ............ ....... ....................,......, ...... ......... ........ ............... ...38 Exhibit"F" ................. ......... ................. ......... ............................ ......... ......... ...................39 Exhibit„G,' ......................................................................................................................40 SEIU Local 721 Maintenance Employees MOU2014/2017 9 Section 1 — Rights and Recognition Reco l' ition. The City hereby recognizes the General Unit of Maintenance Employees, City of Baldwin Park, S.E.I.U., Local 721 as the representative of the employee representation unit consisting of the classifications set forth in Section 51 of Resolution No. 98-45. 1-i'agerrient T iglit All management rights and functions except those which are clearly and expressly limited in this Memorandum of Understanding shall remain vested exclusively in the City. It is expressly recognized merely by way of illustration and not by way of limitation that such rights and functions include, but are not limited to: 1. Manage the City. 2. Schedule working hours, 3. Establish, modify or change work schedules or standards. 4. Institute changes in procedures. 5. Direct the work force, including the right to hire, promote, demote, transfer, suspend, discipline or discharge any employee. 6. Determine the location of any new facilities, buildings, departments, divisions, or subdivisions thereof, and the relocation, sale, leasing or closing of facilities, departments, or subdivisions thereof. 7. Determine services to be rendered. 8. Determine the layout of buildings and equipment and materials to be used therein. 9. Determine processes, techniques, methods, and means of performing work. 10. Determine the size, character and use of inventories. 11. Determine financial policy including accounting procedures. 12. Determine the administrative organization of the system. 13. Determine selection, promotion, or transfer of employees. 14. Determine the size and characteristics of the work force. 15. Determine the allocation and assignment of work to employees. 16. Determine policy affecting the selection of new employees. 17. Determine the establishment of quality and quantity standards and the judgment of quality and quantity of work required. 18. Determine administration of discipline. 19. Determine control and use of City property, materials and equipment. 20. Schedule work periods and determine the number and duration of work periods. 21. Establish, modify, eliminate or enforce rules and regulations. SEIU Local 721 Maintenance Employees MOU 2014/2017 11 22. Place work with outside firms. 23. Determine the kinds and numbers of personnel necessary. 24. Determine the methods and means by which such operations are to be conducted. 25. Require employees, where necessary, to take in-service training courses during working hours. 26. Determine duties to be included in any job classification. 27. Determine the necessity of overtime and the amount of overtime required. 28. Take any necessary action to carry out the mission of the City in cases of an emergency. 29. Prescribe a uniform dress to be worn by designated employees. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the City, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this contract, and then only to the extent such specific and express terms are in conformance with law. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of management's rights shall impact on employees in the bargaining unit, the City agrees to meet and confer with representatives of the Union, upon request by the Union, regarding the impact of the exercise of such rights, unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding or in Personnel Rules and Salary Resolutions. Union Stewards Functions and Responsibilities of Stewards The City agrees to grant reasonable access to employee work locations of officially designated stewards for the purpose of processing grievances in accordance with this Memorandum of Understanding. Each steward, upon notification to his/her immediate supervisor, may be permitted to leave his/her regular work location during working hours, for reasonable periods of time to perform the following functions with pay: 1. To represent to a supervisor, a request for a grievance, which the steward has been requested, by any employee, or group of employees, to present to such a supervisor. SEIU Local 721 Maintenance Employees MOU 2014/2017 12 2. Investigate any request for adjustment of grievance in the steward's division, and present such request for adjustment to the supervisor of the employee who initiated the grievance request. 3. Attend meetings with management when the steward's presence is necessary to present the grievance for adjustment. Ste.wai-d- pl roit,i tinea is 1. The Union may designate a reasonable number of Union Stewards (not to exceed five (5)). 2. The Union agrees that only one steward may represent an employee at one time. 3. A Steward may represent a grievant at all levels of the grievance procedure. 4. The City shall reschedule any grievance or disciplinary proceeding in the event that the shop steward of the employee's choice is unable to be released by the supervisor to attend a grievance or disciplinary proceeding. 5. Stewards shall be selected in such a manner as the Union may determine. 6. The Union shall notify the City in writing of the names of all stewards who are authorized to represent the employees in the bargaining unit. 7. The Union shall provide the City with the names of Union Stewards within thirty days of the execution of this contract and within thirty days of any changes in the designated Stewards. No steward shall leave his/her job or area of assignment while his/her presence is necessary for the safe and effective operation of his/her job; the determination to be made by the steward's immediate supervisor or appointing authority. ju�ao;r•ft Each steward shall report to his/her supervisor the time leaving his/her work location to perform such duties as set forth herein. The steward shall report to the supervisor immediately upon completion of these duties. SEIU Local 721 Maintenance Employees MDU 2014/2017 13 t.� geIT rIT art Responsibil.it:y When the presence of a steward is desired by an employee, or group of employees, for the presentation, investigation, and/or adjustment of a grievance and/or dispute, the employee or group of employees shall make a request to their immediate supervisor, The supervisor shall arrange for a steward to be present as soon as possible, consistent with safe and efficient operating requirements. C" otil igrtiori ol��.)�1� Prior to entering any area in the fulfillment of their duties set forth herein, the steward shall notify the supervisor of that area of his/her presence and the reason for his/her business in that area. Discrimination 1. The City agrees that steward shall not be hindered, coerced, restrained or interfered with in the performance of their duties and responsibilities provided in the Memorandum of Understanding. 2. The Union understands and agrees that each steward is employed to perform full-time work for the employer and that each steward will not leave his/her work location during working hours, unless he/she gains permission from his/her immediate supervisor. 3. The Union and the employer agree hereto that each will cooperate with the other and reduce to a minimum the actual time spent by stewards in the performance of their duties under this Memorandum of Understanding. Savings Clause This Memorandum of Understanding is subject to all applicable Federal, State and City laws, ordinances, resolutions, and any lawful rules and regulations enacted by the City Council. If any part or provision(s) of this Memorandum of Understanding is in conflict or inconsistent with such applicable provision(s) of Federal, State or City laws, ordinances, resolutions, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision(s) shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum of Understanding shall not be affected thereby. The parties shall enter the Meet and Confer process immediately for the purpose of arriving at a mutually satisfactory replacement of such part or provision. SEIU Local 721 Maintenance Employees MOU 2014/2017 14 No Strike — No Lockout Prohibited Conduct Section 1. The Union, its officers, agents, representatives and/or members agree that during the term of this agreement, or until such time as impasse procedures, if any, are completed, they will not cause or condone any strike, walkout, slowdown, sickout, or any other job action by withholding or refusing to perform service. Section 2. The City agrees that it shall not lock out its employees during the term of this agreement. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this agreement or applicable ordinance or law. Section 3. Any employee who participates in any conduct prohibited in Section 1 above may be subject to termination by the City. Section 4. In addition to any other lawful remedies or disciplinary actions available to the City, if the Union fails, in good faith to perform all responsibilities listed below in Section 1, Union Responsibility, the City may suspend any and all of the rights, privileges, accorded to the Union under the Employee Relations Resolution, this Memorandum of Understanding, including, but not limited to, suspension of recognition of the Union, grievance procedure, right of access, check -off, the use of the City's bulletin boards, and facilities. Union Rei 2ons J bi lid + Section 1. In the event that the Union, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 1 above, Prohibited Conduct, the Union or its duly authorized representatives shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Memorandum of Understanding and unlawful, and they should immediately cease engaging in conduct prohibited in Section 1 above, Prohibited Conduct and return to work. They themselves must also return to work. Section 2. If the Union performs all of the responsibilities set forth in Section 1 above, its officers, agents, and representatives shall not be liable for damages for prohibited conduct performed by employees who are covered by this agreement in violation of Section 1 above. SEIU Local 721 Maintenance Employees MOU 2014/2017 15 Full Unde st���adira,�Modifications -and Waiver It is intended that this agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby Superseded or terminated in their entirety. Except as specifically provided herein, it is agreed and understood that the Union voluntarily and unqualifiedly waives its rights, and agrees that the City shall not be required to negotiate with respect to any subject or matter covered herein during the term of this agreement. Nothing contained herein shall preclude the parties from mutually agreeing to meet and confer. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council. The waiver of any breach, term or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. Section 2 — Fair Labor Standards Act Provisions Work Period The work period for all employees within the bargaining group shall be seven (7) days in length commencing on Sunday, June 16, 1985, at 12:01 A.M. Overtime A. All employees, required to perform in excess of the standard work period of forty (40) hours in a seven (7) day cycle shall receive compensation at the rate of time and one-half his/her regular rate of pay. The regular rate of pay shall include bilingual pay. B. In lieu of receiving cash payment for hours worked in excess of forty (40) hours during the seven (7) day work period, an employee may elect the option of earning compensatory time, and shall have a cap of forty (40) hours placed on the accrual of compensatory time off. SEIU Local 721 Maintenance Employees MDU 2014/2017 16 The time during which an employee may take his/her compensatory time shall be approved by the appointing authority with due regard for the wishes of the employee and for the needs of the service. Upon separation from City service, an employee shall be compensated for all accrued compensatory time of forty (40) hours or less at his/her straight time hourly base rate. C. Effective November 7, 2004, in determining an employee's eligibility for overtime compensation in a work period, sick leave and unpaid leaves of absences shall be excluded from the total hours worked. D. All overtime requests must have the prior written authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. Dispatched calls beyond the end of duty time are considered as authorized. An employee's failure to obtain prior written approval, or explicit verbal authorization followed by written authorization, will result in the denial of the overtime request. Employees are cautioned not to spend excessive amounts of time at their workstation before or after their normal work period or during their meal breaks. Meal breaks should be taken away from the employee's workstation, This incidental time will not be compensated in any manner whatsoever unless prior authorization of a supervisor is obtained. E. Call back duty occurs when an employee is ordered to return to duty on a non -regularly scheduled work shift. Call back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. An employee called back to duty shall be credited with a minimum of two (2) hours work commencing one-half (1/2) hour before he/she reports to duty. Any hours worked in excess of two (2) hours shall be credited on an hour for hour basis for actual time worked. Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever, however any time that involves driving after reporting to the work site will be compensable under this Agreement. Call back duty hours will be compensated at a premium overtime rate, irrespective of the total paid leave exclusions for the work period. SEIU Local 721 Maintenance Employees MOU 2014/2017 17 Effective July 3, 2005, an employee called back to duty shall be credited with a minimum of three (3) hours work commencing one-half (1/2) hour before he/she reports to duty. Any hours worked in excess of three (3) hours shall be credited on an hour -for -hour basis for actual time worked. F. Work performed at the Baldwin Park Anniversary Parade, "4th of July", Cinco de Mayo/Open House events will be compensated at a premium overtime rate, irrespective of the total paid leave exclusions for the work period. G. Non -mandatory attendance at training schools/facilities which improves the performance of regular tasks and/or prepares for job advancement are not compensable for hours in excess of the employee's normal work shift. Any time spent in excess of the normal work shift will not be counted as working time and is not compensable in any manner whatsoever. Time spent in studying and other personal pursuits is not compensable hours of work, even though the employee may be confined to campus twenty four (24) hours a day. Travel time to and from the training facility outside of an employee's normal work shift is not compensable hours of work. H. Employees may be provided with a locker for their own personal convenience. An employee may or may not utilize the locker for storage and changing purposes at his/her own discretion. Time spent in changing clothes before or after a shift, or during lunch, is not considered hours worked and is not compensable in any manner whatsoever. Section 3 — Work Schedules Exr)critnental Alternative Work Schedules The City agreed to implement an experimental 9/80 plan for all employees assigned to the Maintenance Facility effective April 12, 1993. The Union recognizes that the City may, at its sole discretion, end the 9/80 plan upon reasonable notification to the Union. The termination of such plan(s) is not subject to the grievance process or any other administrative review. The Union recognizes that the 9/80 plan is not a vested right in any manner, and that the termination of such 9/80 plan is not subject to the meet and confer process or meet and consult process. The Union further recognizes that the implementation of the 9/80 plan does not create any additional overtime obligation for the City under the Fair Labor Standards Act. SEIU Local 721 Maintenance Employees MOU 2014/2017 18 The City may adjust employees work periods as necessary so that their forty (40) hours of scheduled work does not overlap into another work period to avoid an overtime obligation. The City does agree however, that should the 9/80 experimental work schedule be terminated, that benefit levels/accruals and working conditions that were modified to accommodate the alternate work schedule(s) will revert to the levels/accruals and working conditions in existence prior to September 27, 1992. yorkda)7 M initwx,n allcc Emrx1f 'e' Employees assigned to the Maintenance Sections shall have a standard Monday through Thursday workday consisting of nine and one-half (91/2) hours, nine (9) hours of work time and thirty (30) minutes as a non -paid unrestricted meal period. Employees shall have a standard Friday workday consisting of eight and one-half (81/2) hours, eight (8) hours of work time and thirty (30) minutes as a non -paid unrestricted meal period. Employees will be provided two (2) fifteen (15) minute rest breaks during the day, one each approximately at the midpoint of each one-half workday. Rest time is not cumulative beyond the half scheduled workday within which the break period occurs nor may it be used to extend lunch or shorten the workday. Section 4 — Attendance and Leaves HoUrs o f Wot-k . Mainten anc c EmPha Employees assigned to a 9/80 work week shall normally work Monday through Thursday, 6:30 A.M. to 4:00 P.M. and on each scheduled Friday shall work, 6:30 A.M. to 3:00 P.M., however, employees may work a flexible 9/80 plan dependent upon their work assignment. Sick Leave Effective October 1, 1994, each eligible employee shall elect their maximum sick leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at a higher level than their closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee will be irrevocable. Once the election is made by the employee, such excess hours will be removed from the employee's sick leave hours accrual, calculated at their then straight time hourly rate SEIU Local 721 Maintenance Employees MO 2014/2017 19 and placed into a sick leave hours bank to be paid at 75% of the total value, with the timing and methods of payment to be determined by the City. When an employee's service with the City is terminated for any reason, no compensation shall be paid for the unused sick leave hours accrual bank. Annual Sick Leave Incentive Sick leave shall accrue on an hourly basis of eight (8) hours per month and shall be debited on an hourly basis. Each January 1, eligible employees will commence to accrue sick leave hours above their prior elected sick leave hours bank (300, 600 or 900). At the close of the calendar year, each eligible employee will receive 75% of the unused portion of sick leave hours as compensation, calculated at their then straight time hourly rate. Payment will be made at the next closest pay period. Vacation Employees will be entitled to utilize accrued vacation leave after completion of six (6) months continuous employment with the City. Employees may be eligible to utilize accrued vacation leave at an earlier time, upon written request to and approval of their department head. The times during which an employee may take his/her vacation leave shall be determined by the department head with due regard for the wishes of the employee and for the needs of the service. Employees shall, each calendar year, be required to take a minimum of forty (40) consecutive hours vacation leave. In addition, an employee may, with approval of the department head use vacation leave in lesser increments during the calendar year. Employees may accumulate up to a maximum of two (2) vacation periods in any one calendar year for the purpose of a vacation leave with approval of the department head. A vacation period is defined as the maximum amount of vacation leave accrued by an employee in any calendar year. Effective July 3, 2005, the maximum accrual of vacation leave that may be accumulated shall be as follows: 1. Employees having less than five (5) years of employment (vacation accrual = 96 hours per year), the maximum amount of vacation that may be accumulated shall be 192 hours. SEIU Local 721 Maintenance Employees MOU 2014/2017 20 2. Employees having more than five (5) years but less than ten (10) years of employment (vacation accrual= 120 hours per year), the maximum amount of vacation that may be accumulated shall be 240 hours. 3. Employees having more than ten (10) years but less than fifteen (15) years of employment (vacation accrual = 144 hours per year), the maximum amount of vacation that may be accumulated shall be 288 hours. 4. Employees having more than fifteen (15) years but less than twenty (20) years of employment (vacation accrual = 168 hours per year), the maximum amount of vacation that may be accumulated shall be 336 hours. 5. Employees having more than twenty (20) years of employment (vacation accrual = 192 hours per year), the maximum amount of vacation that may be accumulated shall be 384 hours. If an employee, because of business necessity, is not able to utilize excess accrued vacation hours, upon written request to, and approval of the department head, an employee will be given an extension in order to take his/her vacation. In cases where the employee forfeits vacation leave time at the request of the City, upon approval of the Chief Executive Officer or designated representative(s), said employee shall be compensated for forfeited vacation leave time at the employee's current rate of pay. It is the employee's responsibility to schedule vacation time well in advance to avoid forfeiting his or her vacation or to avoid any conflicts. Employees will be notified on a quarterly basis of their current and potential maximum vacation hours accrual for the calendar year to assist them in the reduction of excess accrued vacation hours. In the event a legal holiday falls during a vacation leave, such holiday shall not be charged as vacation leave, and the vacation leave shall be extended or credited accordingly. Employees who separate from the service of the City shall be eligible to receive compensation for all unused, accrued vacation leave. HQR&id rvs Maur enance Einpl, ee�1(m a 9L80 WQrk 5chedgle. The following days shall be observed as holidays: SEIU Local 721 Maintenance Employees MOU 2014/2017 21 January 1st; the third Monday in February; the last Monday in May; July 4th; the first Monday in September; November 11th; the fourth Thursday in November; the day following the fourth Thursday in November; December 24th; December 25th, and such other days as may be designated as holidays by motion of the City Council. If any of the foregoing holidays falls on a Saturday, the holiday will not be observed on the preceding Friday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. Flcz9rr. w a lid-gy _Maiglenance Ernolovees on. a4'.b Woi,yk Schedule:. On January 1 of each year, each affected employee will be credited with two (2) nine (9) hour of leave for a total of eighteen (18) hours. 1-Iolidav llaul< At the beginning of each calendar year, the City will determine how many of the above holidays fall on non -regularly scheduled work days, as determined by an employee's assigned work schedule an employee will be credited with an equivalent number of hours of holiday time ("holiday bank"). On a 9/80 work schedule, an employee's assigned work schedule will determine their "Friday". "Fridays" are computed as an eight (8) hour work day. In the event of a holiday falling on a "Friday", an employee will be credited with one (1) hour of holiday time ("holiday bank"). The actual date for the use of such leave shall be subject to the approval of the employee's department head. For employees working a 4/10 work schedule this leave shall be used in increments of ten (10) hours. For employees working a 9/80 work schedule this leave shall be used in increments equivalent to the work day being requested for time off, i.e., a standard nine (9) hour work day or a "Friday" eight (8) hour work day. Employees may be permitted to take holiday leave in hourly increments. Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank time. If an employee, because of business necessity, is not able to utilize excess accrued holiday bank hours, upon written request to, and approval of the department head, an employee may be paid for any excess hours over their maximum holiday bank hours accrual. Each January 1, such excess hours will be removed from the employee's SEIU Local 721 Maintenance Employees MOU 2014/2017 22 holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid no later than June 30 of the same year. If an employee separates employment from the City, and has used holiday bank time prior to the occurrence of the actual holiday, he/she will have his/her vacation leave and/or final paycheck reduced to reflect the excess holiday bank time used. If an employee separates employment from the City, and has not used any eligible accrued holiday bank time, he/she will be paid for such eligible holiday bank time at his/her straight time rate. Bereavement Leave Each affected employee in the covered classifications shall receive the equivalent of one workweek of the affected employee per incident, as needed, because of a death (a qualifying incident) in the immediate family. Immediate family shall mean and include only the employee's spouse, children, step -children, grandchildren, foster children, parents, brothers, sisters, grandparents, State Registered Domestic Partner, spouse's parents, and spouse's grandparents. Said time will not be cumulative from one twelve (12) month period to another. Further, if a full workweek of bereavement leave is not used in connection with any one qualifying incident, the unused, but formerly available bereavement leave shall not be converted to cash or otherwise remain available for use at any time. Bereavement leave shall not exceed a total of forty-four (44) regular scheduled work hours, per incident. Where a qualifying incident occurs, use of the bereavement leave shall commence not later than two weeks after occurrence of the qualifying incident. Cie i tat �-,ea ;t An employee granted military leave pursuant to Section 11.6 of the Personnel Rules shall not be granted additional compensation when such leave extends beyond the employees regularly scheduled forty (40) hour work week. Tury Du An employee granted jury duty leave pursuant to Section 11.7 of the Personnel Rules shall not be granted additional compensation when such leave extends beyond the employees regularly scheduled forty (40) hour work week. SEIU Local 721 Maintenance Employees MOU 2014/2017 23 r"ai nln l/ ollftTMla"11ce reeve When an employee is scheduled to attend a conference or training program Monday through Friday, his/her work hours will be 8:00 A.M. to 5:00 P.M., Monday through Friday, so there is no issue that he/she is eligible for overtime while attending the conference or training. f l -14,l a -y on D u t While any employee is on injury on duty status, his/her work hours will be 8:00 A.M. to 5:00 P.M., Monday through Friday, so there is no issue that he/she is eligible for overtime while receiving treatment or keeping doctor's appointments. Industrial. lnjtry Benefit Effective June 1, 2011, whenever any member of the unit represented by SEIU who is employed on a regular, full-time basis, and is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his or her duties, he or she shall become entitled, regardless of his or her period of services with the City, to a leave of absence while so disabled without loss of salary, in lieu of temporary disability payments or maintenance allowance payments, if any, that would be payable pursuant to the workers compensation laws, for the period of the disability, but not exceeding one year, or until that earlier date as he or she is retired pursuant to permanent disability pension, and is actually receiving disability pension payments. If the City determines that during the period of time that the employee is in receipt of the benefits described herein, the employee is capable of performing modified duties, the City shall be authorized at its discretion, to mandate that such an employee perform the temporary modified duty position(s) as determined by the City. Effective June 1, 2011, any member of the unit represented by SEIU shall receive Industrial Injury benefits as described herein; shall supersede Personnel Rule Section 11.5. Section 5 — Direct Wage Payments Salary Effective July 1, 2004, a Seven Step Compensation Plan (5% between steps) shall be adopted by the City Council and made a part hereof, and will be on file with the Human Resources Manager or designated representative(s). Such Compensation Plan may be amended or revised at the discretion of the City Council subject to the meet and confer process. SEIU Local 721 Maintenance Employees MOU 2014/2017 24 Employees who receive a minimum overall performance rating of Competent up to a maximum overall performance rating of Superior shall be eligible to receive a one (1) step advancement within their classification and shall be retroactive to July 1, 2004. Those employees who are Y -rated, will also remain at their current salary level until such time as the established salary for their assigned classification equals or exceeds their current salary, after which they will be eligible for salary increases, as may be granted. Effective upon the City's aoption of this Memorandum of Understanding with SEIU Local 721, the City will provide for a 5% equivalent unadjusted base salary increase to the seven step compensation plan for the offset to the employee contribution to CAPERS as outlined in Section 5, "Retirement". In addition to the 5% equivalent offset base salary increase, the following unadjusted base salary increases shall be provided to all represented employees of this Association: a) Retro -active to the first payroll period commencing on or after July 1, 2014 —1% b) Effective the first payroll period commencing on or after January 1, 2015 — 2% c) Effective the first payroll period commencing on or after July 1, 2015 — 2% d) Effective the first payroll period commencing on or after July 1, 2016 — 2% Section 6 — Insurance/Supplemental Wage Payments Life Insurance The City will provide term life insurance in the face amount of $50,000 effective November 1, 2004. Vision n lan Cove ag The City will provide a vision plan to all affected employees, and will contribute up to a maximum premium cost of $34.05 per month. Any premium increase in excess of $34.05 per month shall be absorbed by the employee. Health Insurance Effective July 3, 2005, the City will pay up to a maximum of $950.00 per month, towards a current available City provided health plan of the employee's choice. Any premium in SEIU Local 721 Maintenance Employees MOU 2014/2017 25 excess of $950.00 per month shall be absorbed by the employee. The health plan coverage year, as determined by the Public Employees' Retirement System runs from January 1 through December 31 of each calendar year. Retiree Health Insurance All employees hired on or after July 1, 2006, and who subsequently retire after this date, will receive health benefits under the California Public Employees Retirement System for single -party coverage only. Any premiums for dependent coverage must be paid by the retiree. Each full-time employee hired prior to July 1, 2006, who subsequently retires from the City, will receive health benefits under the California Public Employees Retirement System not to exceed $550.00 per month. Any premium in excess of $550.00 per month shall be absorbed by the retiree. Effective July 1, 2015, the maximum City paid retiree health benefit for those employees hired prior to July 1, 2015, shall be increased to $718.00 per month. Any premium in excess of $718.00 shall be absorbed by the retiree. InJoyces Ifirec:1Bet, brelt!I , For all employees hired prior to July 1, 2015, if upon retirement the employee enrolls in the City's CalPERS medical care plan, the City will pay the minimum employer contribution to CalPERS that is required by Government Code section 22892. In addition, the City will also pay into the retiree's individual health reimbursement account, or similar reimbursement plan, an amount equal to the difference of the City's minimum employer contribution required by Government Code section 22892 and the premium cost for retiree -only coverage in the retiree's chosen medical plan Employees Hired On or After July 1, 2015 For all employees hired on or after July 1, 2015, if upon retirement the employee enrolls in the City's CalPERS medical care plan, the City will pay the minimum employer contribution to CalPERS that is required by Government Code section 22892. In addition, the City will make a contribution to the retiree's individual health reimbursement account, or similar reimbursement plan, based upon the employee's years of service to the City as follows: 6 to 10 full years of service: 20% of the premium cost for retiree -only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution paid to CalPERS 11 to 15 full years of service: 40% of the premium cost for retiree only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution paid to CalPERS SEIU Local 721 Maintenance Employees MOU 2014/2017 26 16 to 20 full years of service: 21 to 25 full years of service 26 full years of service or more: Dental „Insurance 60% of the premium cost for retiree -only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution paid to Ca1PERS. 80% of the premium cost for retiree -only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution paid to Ca1PERS. 100% of the premium cost for retiree -only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution paid to Ca1PERS. The City will contribute up to a maximum premium cost of $52.00 per month for each classification represented by the Union, toward the City provided dental program. A premium increase in excess of $52.00 per month shall be absorbed by the employee. R P+i rPm Pn+ 1. Retirement Formula: Classic. nieni ers: the City will contract with the Public Employees' Retirement System (PERS) to provide benefits at the 2.7% at 55 formula for the Local Miscellaneous Employees and to incorporate employee shared participation towards the contributions of said retirement benefit. The period for determining the average monthly pay rate when calculating retirement benefits shall be the average of the twelve (12) highest paid consecutive months. New members: Unit members who meet the definition of a "new member' as defined by the Public Employees' Pension Reform Act ("PEPRA") and are hired on or after January 1, 2013, shall be placed in a 2% at 62 formula, as set forth in Gov't Code Section 7522.20. SEIU Local 721 Maintenance Employees MOU 2014/2017 27 Unit members who meet the definition of a "new member" (as defined by PEPRA) and are hired on or after January 1, 2013, shall have the period for determining the average monthly pay rate when calculating retirement benefits changed to the 36 highest paid consecutive months (applicable only to members retiring or whose retirement occurs after the effective date of the contract.)2. Employee Contribution Rates: Current aka "Classic" Ca1PERS members — Effective upon the City's adoption of this Memorandum of Understanding with SEIU Local 721, all unit members agree to pay 100% of the employee's 8% share for the PERS retirement contribution. The City agrees to provide a 5% equivalent offset for the employee contributions as outlined in Section 5,"Salary". .e.w .Men hers: The City agrees that "New Members" as defined by PEPRA, that are hired on or after January 1, 2013, shall contribute six and a quarter percent (6.25%) of their compensation into Ca1PERS. The member contribution rate may change over time; the current rate was set at 50 percent of the expected total normal cost rate for the benefits that will apply to new miscellaneous members on January 1, 2013, rounded to the nearest one quarter of one percent. The total normal cost rate used for this calculation is 12.5 percent of payroll. Long 1'errn Disability The City will provide a long-term disability insurance program as set forth in the plan on file in the Personnel Services Office. Effective March 1, 1993, the plan will be amended to provide benefits commencing on the 31st day of non -work related injury or illness and employees will be eligible to receive a maximum benefit of 662/3% of their current base salary up to a maximum of $5,000 per month. The plan is on file in the Human Resources Department. Effective the first payroll period commencing on or after July 1, 2008, the City shall pay one hundred dollars ($100.00) per month to a person who is capable of speaking, reading, writing and/or interpreting the languages of Spanish, Chinese, Japanese, Vietnamese, Tagalog, Signing, Armenian and Farsi. Qualifying tests established by the City shall make the determination of capability. SEIU Local 721 Maintenance Employees MO 2014/2017 28 LjceLlse er tjficatton�P�mP ° Effective Ltoon the C.ij) s...�?t II(to'n of this�Memoran�dtim of Under.5t.'andin x vyitliSEIU Local 721 each rrnrt naenilmem rvlacm boss( -isc s..:the fo:milc` oil g %icerise wid )! certificate shall m bc. • compensated ati, additional' 1.50.00 rs ontlil as follows, A. Class A or B License: ---A ii em,,IJoyee who currerAl maintains this license B.QAC: Two employees with rotation if more C. PCA: Two employees with rotation if rnor,e D, ASL .. ._ Anywem ?IOVee in fleet E. Backflow: One employee with rotation if more EaITcl:t unit maacnmlaer <rgre ,. ..tQjjgITt in order to receive t1���...licerrse or ceyrti.fic�ate a the p....._ tareniber niust be asig ed to the division which wom.rld be able to tzse the licersencmr„ certificate, Each tiniit nnuember aerees_ that employees shall be selected for and be Ler-ra-OV ecl f1IToilllict�r'rsc�/certmfic�it.oii pav by the Directeur o Public Wanrks. E�«y��c�s shall not acs c,tfiv vests d-p.L( pew � lelit,s to the listed1����y � as stated above. the Director. Of Public Works reserves the right to sc.hc dItle 110111-Sof assigned ve,rsonnel as he dleetns necessary. S:)(cialt .Assi g men.t Pa, l{ff ctive U ion the City' --i cls tion of this Mearmctraricl.r.traa of Understanch>a r with SEILJ l oc�m1 721w, each m.mnit member who j assmgLied to the graffitr craw shall be cor ixiisatec �mrn add t�ean�ml� ` 1, tl.ti mm� ,)i�rtli1 . Each ttnit menrl�e�°_�� � �e� t1�� � y"' mm� . that c m to c es shalll be selected for and beremoved fr°oin ass_ ig�l eL b the Director of "Ublmic 'w orks. En,iyloyees shall not acquire, vested 1a�ar yea°t ri ,)lits to the gas igrllner�ts or the attached thereto. The Director of Public Works reserves themmtiglrt to schedule hours of a� .ignerl personnel as lie deems necessa Actirmg Pay Section 4.4 of the Personnel Rules shall be modified by this agreement to provide acting pay after three (3) work weeks, from the date the employee was placed in the acting capacity. The work week is defined as Monday through Friday. All other provisions of Section 4.4 shall remain in their current form. This amendment of Section 4.4 shall apply only to the members of the S.E.1.U., Local 721 general maintenance employees bargaining unit. SEIU Local 721 Maintenance Employees MOU 2014/2017 29 Work Boots The City will provide a voucher system to all affected covered maintenance classifications, each fiscal year for the purchase or repair and maintenance of O.S.H.A. approved work boots. Effective July 1, 2015, through the voucher system, each covered maintenance employee may expend up to a maximum of $300.00 per fiscal year for the purchase or repair of work boots. Any excess may be used for socks, support hose or other footwear accessories. Each employee shall purchase a minimum of two (2) pair of work boots per fiscal year. Any amount exceeding $300.00 per fiscal year shall be the responsibility of the employee. All affected covered maintenance employees being provided such O.S.H.A. approved work boots, will be required to wear such boots during their assigned work hours. Each covered maintenance employee may use up to one (1) hour of scheduled work time, upon request to and approval from their assigned Public Works Supervisor, to travel to the vendor store to purchase their O.S.H.A. approved work boots. Details of the process are set forth in Exhibit B side letter dated September 15, 2004. Section 7 — Policies and Procedures Contractin O ttside Worl< It is agreed that the City may utilize outside contractors for the performance of maintenance functions. However, no maintenance employee will be laid off as a result of utilizing any outside contractor for the duration of this MOU. Writ ton )ALan ire �mt���l�t6rr�at�ds Written warnings/reprimands issued pursuant to Section 14 of the Personnel Rules and Regulations shall not be subject to advisory arbitration. The final step of administrative appeal shall be the Executive Team. An employee shall have the right to attach a written rebuttal to any written warning/reprimand placed in his/her personnel file. A written warning/reprimand may be removed from an employee's official personnel file, upon written request to the Personnel Officer. The Personnel Officer shall review the official personnel file and if the employee has not been involved in any subsequent incidents that resulted in written corrective counseling or other management action for a period of five (5) years from the date the most recent notice was issued or management action taken, SEIU Local 721 Maintenance Employees MOU 2014/2017 30 Strenuous, ct i When feasible, the City will make efforts to minimize strenuous out -door activity during periods of high smog and/or heat. The final determination as to what tasks are to be reduced and/or performed is to be made by the City. Organizational. SeCUdty The City and the Union did conduct an election among its bargaining unit membership on the issue of agency shop. Such provision was implemented upon receipt of a majority vote of all covered bargaining unit employees. Therefore, the following provisions will be implemented. The City and the Union recognize the rights of employees to freely form, join, and participate in activities of the employee organization. 1. All current employees, in covered classifications represented by the Union, who are not members of the Union shall, within thirty (30) days from the date of notification of election results, elect to become members of the Union or pay to the Union a service fee in an amount equal to unified membership dues, initiation fees, and general assessments. No portion of this service fee shall be used for political purposes. All new employees, in covered classifications represented by the Union, within thirty (30) days from the date they commence their assigned duties shall either become members of the Union or pay to the Union a service fee in an amount equal to unified membership dues, initiation fees, and general assessments. No portion of this service fee shall be used for political purposes. The Union shall keep an adequate itemized record of its financial transaction and shall make a detailed written financial report available to the City and to all unit employees annually. The Union certifies that it has adopted, implemented, and will maintain constitutionally acceptable procedures to enable non-member agency shop fee payers to meaningfully challenge the propriety of the uses to which service fee funds are put in accordance with the decision of the U.S. Supreme Court in Chicago Teachers Union, Local #1, AFT, AFL-CIO, et al. v. Hudson, 106 S. Ct. 1066 (1986). 2. The City shall deduct Union dues/service fees on a biweekly payroll basis for employees in covered classifications represented by the Union. The form for this purpose shall be provided by the Union and the amounts to be deducted shall be SEIU Local 721 Maintenance Employees MO 2014/2017 31 certified to the City by the appropriate Union official(s). Such deductions shall be made only when the employee's earnings for a pay period are sufficient after other legally required deductions are made. The City shall not make payroll deductions from employees who are in an unpaid status. Such deductions will be remitted to the Union in one lump sum within thirty (30) days of the conclusion of the month in which said dues/service fees are deducted. The City will provide the Union with the name and home address of each employee in covered classifications represented by the Union. The Union agrees to indemnify and hold harmless the City for any loss or damages arising from the operation of these provisions. 3. An employee in a covered classification represented by the Union, who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to join, maintain membership in or financially support any employee organization as a condition of employment, except that such employee shall have deducted, in lieu of the service fee, a sum equal to such service fee to be paid to a nonreligious, non -labor organization, charitable fund exempt from taxation under Section 5011(3) of Title 26 of the Internal Revenue Code, chosen by such employee through the United Way Fund. Such employees shall submit annually to the Union a written request for exemption. If a reasonable doubt exists as to the validity of the employee's membership in the stated religious body, the employee shall submit written verification of membership from the religious body. 4. The agency shop provisions herein may be rescinded by a majority vote of the bargaining unit membership. Volun,tary Political Contr bIAJOIIS The City agrees to allow bargaining unit maintenance employees to make voluntary political contributions to the Local 721 Political Action Committee through payroll deduction. Any employee interested in making such contributions shall authorize the City, in writing, on a form, provided by the Local 721 Political Action Committee, which clearly indicates that funds will be used for political activities and that the contribution is voluntary in nature. The Union will abide by all Federal and State laws relating to such contributions and indemnify the City in the event of litigation. SEIU Local 721 Maintenance Employees MOU 2014/2017 32 The parties agree to continue the 1998/99 meet and confer process on the City's current Layoff Policy, contained in Section 13 of the Personnel Rules, commencing no later than January 1, 1999. Any language changes to the current Section will be submitted by the Union prior to the commencement of the meet and confer process. The parties agree to continue the 1998/99 meet and confer process on the "Emergency Preparedness Policy", commencing no later than January 1, 1999, including specifics as to when bargaining unit members should respond before or after their normal work shift. Personnel Rules Additions The City has drafted new or revised policies related to Workplace Harassment and Workplace Violence. The bargaining unit has had the opportunity to discuss the policies and provide their comments, to reach agreement on the language content, and agree that failure to reach agreement shall not prevent the City from unilaterally adopting these policies. Unilateral adoption by the City will not be subject to any appeal process, including the grievance process. 1 Coan.mittec. The City agrees to maintain a labor/management committee for discussion of general issues of mutual concern to the City and the Union. During the term of the MOU the parties agree to participate in meetings, the purpose of which shall be to explore alternative health insurance plans and programs which can provide coverage equal to or greater than that which is presently available, but at a cost to both the City and the employee which is less than the cost presently contributed to by the City and/or the employee. The meetings shall not address issues regarding increased City -funded contributions to the employee or employer purchase of medical/health coverage. t Salt"ty ; o rrr . tee The City agrees to establish a city-wide safety committee. The establishment of the committee and selection of representatives to the committee will be accomplished through further informal discussions with the Union. SEIU Local 721 Maintenance Employees MO 2014/2017 33 Grievance Procedure Definition A "grievance" is a formal, written allegation by a grievant that he/she has been adversely affected by an existing violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations. Other matters for which a special method of review is provided by law, ordinance, resolution, or by administrative regulations and procedures of this City, are not within the scope of this procedure. Section 15 of the Personnel Rules shall be modified by this agreement to provide the utilization of the grievance procedure for those employees who receive performance evaluations rated at the level of marginal and/or unsatisfactory. This amendment of Section 15 shall apply only to the members of the general maintenance employees bargaining unit. Procedure 1. lnforrnalm Resolritiorl Every effort shall be made to resolve a grievance through discussion between the employee and his/her immediate supervisor. It is the spirit and intent of this procedure that all grievances are settled quickly and fairly without any subsequent discrimination against employees who may seek to adjust a grievance. Every effort should be made to find an acceptable solution at the lowest level of supervisor. Within fifteen (15) calendar days after a grievant knew, or by reasonable diligence should have known, of the condition upon which a grievance may be based, the grievant shall attempt to resolve it by an informal conference with the grievant's immediate supervisor, The immediate supervisor shall respond, in writing, within (7) calendar days of the discussion with the grievant. If the immediate supervisor does not respond within such time limit the grievant shall be entitled to process the grievance to the next step. 2. If the problem cannot be resolved between the employee and the supervisor, the employee may, within seven (7) calendar days from the date of receiving the answer from his/her supervisor, request and be granted an interview with the division head, if one exists, in order to discuss the grievance. The Division Head shall schedule an interview within five (5) calendar days of the grievant's request. After the interview, the Division Head shall respond, in writing, within seven (7) calendar days of the interview with the Grievant, If the division head does not respond within such time limit, the grievant shall be entitled to process the grievance to the next step. SEIU Local 721 Maintenance Employees MOU 2014/2017 34 3. If the division head and employee cannot reach a solution to the grievance, the employee may, within seven (7) calendar days from the date of receiving the answer from the division manager, request, in writing, and be granted an interview with the appointing authority. The appointing authority, or its representative, shall scheduled an interview within five (5) calendar days of the grievant's request. 4. The appointing authority shall render his/her decision in writing within fifteen (15) calendar days of receiving the appeal. If the appointing authority and employee are unable to arrive at a satisfactory solution, the employee may, within ten (10) calendar days from the date of the decision by the appointing authority, submit a written appeal to the Executive Team. 5. The Executive Team shall review the grievance and respond to the employee within twenty (20) calendar days of receiving the appeal, The response shall be in writing and will be considered an expression of management's viewpoint, and shall be the final administrative state of review. 6. If the time limits for employees' appeals at any step should elapse, the grievance shall be considered withdrawn. Time limits may be extended by mutual consent. If the City fails to respond within the prescribed time limits, the grievance will be deemed to have been denied and the employee may go to the next step. If the Executive Team fails to respond within the prescribed time limit, the grievance will be deemed to have been denied and the employee will be deemed to have exhausted his/her administrative remedy. 7. The employee may request the assistance of another person of his/her own choosing in preparing and presenting his/her appeal at any level of review. Employees shall be assured freedom from reprisal for using the grievance procedure. Standard Grievance Form The City and the Union agree to create, prepare and implement a standard grievance form for use by all affected classifications represented by the Union. American's With Disabilities Act Because the ADA requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case-by-case basis, the parties agreed that the provisions of this agreement may be set aside in order SEI U Local 721 Maintenance Employees MO U 2014/2017 35 for the City to avoid discrimination relating to hiring, promotion, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment. The Union recognizes that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The Union will be notified of these proposed accommodations prior to implementation by the City. Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the grievance procedure. Prior to setting aside any provision of this agreement in order to undertake required accommodations for an individual protected by the Act, the City will provide the Union with written notice of its intent to set aside the provision, and will allow the Union the opportunity to discuss options to setting aside of any provision. Pre-Nnplovment — Alcohol and DrgS I c,st�jj The parties agree that all new hires represented by the general maintenance employees bargaining unit, effective the date this agreement is signed, will be subject to pre- employment alcohol and drug testing. Employment will be contingent upon the results of this testing. Alcohol ��nd F) U AbLISQ Policy PLIIr P S( It is the purpose of this policy to eliminate substance abuse and its effects in the workplace and to ensure that employees are in a condition to perform their duties safely and efficiently, in the interests of their fellow workers and the public as well as themselves. Policy It is the City's policy that employees shall not be under the influence of or in possession of alcohol or drugs while on City property, at work locations, or while on duty; shall not utilize such substances when they have a reasonable expectation of call in for duty; shall not possess, provide or sell illegal drugs to any other employee or to any person while on duty; nor have their ability to work impaired as a result of the use of alcohol or drugs. SEIU Local 721 Maintenance Employees MO 2014/2017 36 While use of medically prescribed medications and drugs is not per se a violation of this policy, the employee must notify his/her supervisor, before beginning work, when taking medications or drugs (including the possible effects of taking such medication and drugs) which could foresee ably interfere with the safe and effective performance of duties or operation of equipment. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from their physician may be required. The City is committed to providing reasonable opportunity for rehabilitation for those employees whose drug or alcohol problem classifies them handicapped under federal and/or state law. Persons whose use of drugs or alcohol prohibits them from performing the duties of their position, or whose use constitutes a direct threat to property or the safety of others, are not considered handicapped under federal or state law. This policy applies to all employees of the City of Baldwin Park. This policy applies to alcohol and to all substances, drugs, or medications, legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of the job. Empl�ayee!Lc pg _! itbilaties An employee must: 1. Refrain from the use of, or possession of, illegal drugs or narcotics while on duty; 2. Not report to work while his/her ability to perform job duties is impaired due to alcohol or drug use; 3. Not possess or use alcohol or impairing drugs (illegal drugs and prescription drugs without a prescription) during working hours or at anytime while on city property; 4. Not directly or through a third party sell or provide illegal drugs to any person, including any employee, while either employee or both employees are on duty; 5. Notify his/her supervisor, before beginning work, when having consumed alcohol or when taking any medications or drugs, prescription or non- prescription, which may interfere with the safe and effective performance of duties or operation of equipment; SEIU Local 721 Maintenance Employees MOU 2014/2017 37 6. Report to their supervisor of any criminal drug statute conviction no later than five (5) days after such conviction; 7. Report to the supervisor when they have knowledge of objective evidence other employees may be under the influence of drugs or alcohol or engaging in illegal drug related activities. Employees who believe they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance through their medical plans or through other resources available in their community. While the City will be supportive of those who seek help voluntarily, the City will be equally firm in identifying and disciplining those who continue to be substance abusers and do not seek help. Managern�Lii 1:L--s}:ionsibi1i 1. Managers and supervisors are responsible for reasonable enforcement of this policy. 2. Notify the affected contract/granting agency within ten (10) days after receiving notice of any conviction. 3. Prepare and distribute to all employees, a summary of available benefits through the various health plans. Information to be distributed through the Personnel Services office. 4. To treat any cases where rehabilitation is recommended or already underway as a medical situation, subject to current medical leave policies. 5. To maintain strict confidentiality on all matters arising under the provision of this policy. Medical information, if necessitated, will be maintained by Personnel Services in separate, secured files. 6. Information will only be shared where there is a bona fide "need to know" by management in instances where referrals, rehabilitation, medical leaves, work accommodation, discipline or other employment related decisions are affected. 7. As with all policies and procedures, any incident or situation requiring management attention is expected to be given thorough and deliberate consideration before any final action is taken, especially in disciplinary cases. Decisions made on such cases under this policy will be subject to review by an individual's department head, and Personnel Officer. SEIU Local 721 Maintenance Employees MOU 2014/2017 38 Smoke Fre N�� Section 18, of the Personnel Rules and regulations, relating to smoking in the City workplace will be amended to read as follows: xPurpose The purpose of this policy is to set forth City Council direction in regard to smoking by City employees in City facilities and to encourage non-smoking by City employees in the workplace. This policy is necessary because such smoking is recognized as a hazard to the health of smokers and non-smokers alike. All employees must be aware of the provisions of City Council Ordinance No. 1232 which prohibits smoking by anyone in and around City -owned premises and public parks and other recreational facilities. City owned premises is defined as a building or site owned and occupied, or leased and occupied, by the City of Baldwin Park for any municipal function, and includes the entire site of the City -owned premises and all structures thereon, City owned premises shall not include any public sidewalk adjacent to the site or City -owned premises, nor any building owned in part by the Baldwin Park Redevelopment Agency which is also partly owned by private individuals or an Owner Participation Agreement. City -owned premises include, but are not limited to, City Hall, the City Yard, and the site occupied by the City Housing Authority. Public Park means any park, roadside rest, or other site designated by the City of Baldwin Park for any recreational purpose which is owned, managed or controlled by the City, and includes the entire site of the public park, all structures thereon, and any public sidewalk adjacent to that site. Public park includes, but is not limited to, the Julia McNeill Senior Center, the Esther Snyder Community Center, Morgan Park, Barnes Park, Hilda Solis Park, Walnut Creek Nature Park, and the Baldwin Park Teen Center and Skate Park. This policy governs all areas of city -owned buildings not considered to be public access areas and not therefore, governed by Ordinance No. 1232. These areas would include employee offices, rooms or hallways not normally open to the public, employee lounges and kitchens, lunchrooms and employee break rooms, workstations, locker rooms, city vehicles and other common employee areas. Smoke or Smoking is defined as the burning of any form of tobacco, in a pipe, cigar or cigarette or any other device used for the burning of tobacco or other similar \SEIU Local 721 Maintenance Employees MOU 2014/2017 39 combustible material, so that the person in possession thereof can inhale and exhale the smoke therefrom. 18.2 Policy (This policy will supersede the policy effective September 7, 1989) Effective January 1, 1995, smoking in all areas of city -owned buildings and city - owned vehicles, is prohibited. Should any dispute arise from this policy, it shall be directed to the Executive Team. 1 Procedure The Maintenance Division shall be responsible for posting and maintaining all public signs in accordance with the standards approved by the Executive Team. Those managers and supervisors closest to employee work sites are hereby charged with the implementation of and compliance with this policy. The Executive Team is ultimately responsible for such implementation and compliance. The Human Resources Manager shall be responsible for updating this policy as necessary and communicating this policy to all employees. No person shall discharge, discipline or in any manner retaliate against any employee because such employee exercises any rights afforded by this policy. Tuition Reimbursement Effective the first payroll period commencing on or after July 1, 2008, Section 2.8 of the City Personnel Rules and Regulations shall be amended to provide that the tuition reimbursement described therein shall allow for reimbursement eligibility for full time sworn employees who have passed original probation in an amount not to exceed $2,000, and that the reimbursement eligibility for full time non -sworn police department employees who have passed original probation shall be in an amount not to exceed $1,500 per fiscal year. Personnel Rule § 2.8 shall be concurrently amended to provide that tuition reimbursement shall be allowed only as regards courses provided by an accredited college or university and in a field in study reasonably related to the employee's duties and which are deemed appropriate by the Executive Team. SEIU Local 721 Maintenance Employees MO 2014/2017 40 Limited Ike:f)-)i to The City proposes a reopener during the term of the MOU which shall be limited to proposed modifications in existing MOU language, The reopener shall not result in any increase or decrease in compensation, but shall be utilized to address any MOU ambiguities and/or non -compensation related policies and procedures. The City shall provide written notice to SEIU Local 721 of its intent to invoke this section, and a description of the precise language changes that are proposed. City -proposed language changes shall not be implemented without completion of the meet and confer process and as appropriate, completion of any impasse -resolution procedures. SEIU Local 721 Maintenance Employees MOU 2014/2017 41 IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding the day, month and year noted. GENERAL UNIT OF EMPLOYEES CITY OF BALDWIN PARK S.E.I.U., Local 721 , S.E.I.U., Local 721 Gus Martinez, Representative Giuseppe Licitra, Representative Ramon Burgos, Representative George Martinez, Representative ,R Date , SEIU 721 Negotiator CITY OF BALDWIN PARK Manuel Lozano, Mayor Date SEIU Local 721 Maintenance Employees MOU 2014/2017 42 EXHIBIT B 1�6CITY OF BALDWIN PARK MEMORANDUM BALDWIN P , A - R , K TO SEED Maintenance Group FROM: Gina Knight, Personnel/Risk Manager DATE: September 15, 2004 SUBJECT: Clarification regarding work boots purchase Section 7 of the MOU between the SEIU Maintenance Group and the City provides a voucher system to all affected covered maintenance classifications for the purchase of OSHA approved work boots. Each covered employee may expend up to a maximum of $200.00 each fiscal year. The City has made -arrangements With Red Wing in Covina to allow covered employees to purchase their OSHA approved work boots. On April 5, 2001, during the meet and confer process, it was agreed to amend the existing boot purchase provision of Section 7 of the MOU. Employees may still purchase their work boots through Red Wing, however, in regards to personal preference, employees may purchase OSHA approved work boots through a vendor of their choice. The work boots must meet OSHA standards for the duties performed by the employee. Furthermore, the employee will wear steel -toe work boots if required by their job duties and in regards to safety. It is not mandatory to wear steel -toe boots. The employee shall pay out of pocket for their work boots. In order to receive reimbursement, the employee shall submit a reimbursement form along with a receipt to their supervisor for approval. cc: Shatique Naiyer, Director of Public Works Art Castellano, Public Works Operations Supervisor Jim Dart, Public Works Operations Supervisor Wendy Harris, Public Works Operations Supervisor Alice Nichols, Management Assistant SEIU Local 721 Maintenance Employees MOU 2014/2017 43 EXHIBIT C LETTER OF INTENT CITY OF BALDWIN PARK MEMORANDUM OF UNDERSTANDING 2004 -2007 The City of Baldwin Park and the General Unit of Maintenance Employees, S.E.I.U. Local 347 agree to the following during the term of this Memorandum of Understanding, 1, The City agrees that the 3oint Labor Management Committee (JLMBC) shall meet and confer on the grievance procedure (pursuant to Meyers-Milias-Brown Act) commencing November 2004. 2. The City agrees to meet and confer on the sick leave incentive program. For S.E.I.U. James E. Washington Representative Date For the City of Baldwin Park Gina Knight, Personnel/Risk Manager Date SEIU Local 721 Maintenance Employees MOU 2014/2017 44 EXHIBIT D CITY OF BALDWIN PARK MEMORANDUM OF UNDERSTANDING 2007 —2008 . cl iarial Stydyj y,.Geire 1'111, N. nil of Mai rl pirr ac.° l rpr altMa c� The City agrees to conduct an actuarial study on Retiree Health Care, to review the actual cost to the City for providing said benefits to those, employed who have retiree health care for their spouses. The City shall initiate the actuarial study within 60 days of the formal adoption of the 2007-2008 MOU and upon completion of the study the City shall provide a copy of the actuarial study to the Union and its representatives within seven days of receiving the report. SEIU Local 721 Maintenance Employees MO 2014/2017 45 EXHIBIT E LETTER OF INTENT CITY OF BALDWIN PARK MEMORANUDM OF UNDERSTANDING 2008-2010 The City of Baldwin Park and the General Unit of Maintenance Employees, SEIU Local 721 agree to the following during the term of this Memorandum of Understanding: In accordance with Resolution Number 94-67, a resolution of the City Council of the City of Baldwin Park establishing the reporting of the value of the employer paid member contributions as compensation using the special compensation approach (Government Code Section 20023 (C)(4): The following is a statement of the change in reporting compensation to PERS: "The City of Baldwin Park elected to pay 70% normal member contributions as employer paid members contributions (EPMC) and report same percent to PERS as compensation". SEIU Local 721 Maintenance Employees MOU 2014/2017 46 0 4� 400 Z 0 01 0 0 1-4, 0 r 0 ol 0 0 0 � 51 0 C7 C) 0) Cil CD Cl) (D (D c w =3 =3 (D T). 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En -4 In In 69 CD W 0,Iq 0) (D w 69 (o 0) bl -4 CO W ..;1. 0) 0 0) (n (9 La N) N) w m C) 00 (D W 0) N) 0 w - 4 cn N) 4 4 Un C3 a) 4 co FO p p 9) (n p �CO 90 PO N p -N P) cn a) CD co 1p, bo �-) 6 (D N) (D W co N) -N (D W -41 co (D (D 00 CA C) 0 N) 8 -C� a) -4 m 0 0 (D L. - N) C 0) w m 3 -a EXHIBIT G LETTER OF INTENT CITY OF BALDWIN PARK MEMORANUDM OF UNDERSTANDING 2012-2014 The City of Baldwin Park and the General Unit of Maintenance Employees, SEIU Local 721 agree to the following during the term of this Memorandum of Understanding: In accordance with Medicare requirements and Ca1PERS procedures, as a member approaches age 65, a Certification of Medicare Status form will be sent by Ca1PERS to the member regarding Medicare eligibility and enrollment in Medicare Parts A and B. The members eligibility for Medicare and enrollment in a Ca1PERS Medicare health plan will be determined once the member returns the completed Certification of Medicare Status form to Ca1PERS. This form must be completed by the first day of the month in which they reach age 65. If Ca1PERS has not received the form by the end of the member's birthday month, Ca1PERS health coverage for the member and all enrolled dependents will be automatically canceled. SEIU Local 721 Maintenance Employees MO 2014/2017 50 uity of Baldwin Park February 1, 2012, through June 30, 2014 " 'o TI#LTr ':via SEIU SEU Local 721 3.545 Wilshire Blvd Ste soo Los Angeles CA 90017-4510 Questions? Call the Member Connection (877) 721-4YOU www.seiu 21.or 10 facebook.com/seiu721 I' twitter.com/seiu721 opeiau "a;:p, aFO-do RESOLUTION NO. 2015-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND THE BALDWIN PARK POLICE MANAGEMENT EMPLOYEES ASSOCIATION PROVIDING FOR EMPLOYEES REPRESENTED BY THE BALDWIN PARK POLICE MANAGEMENT EMPLOYEES ASSOCIATION. YEARS 2014- 2017 WHEREAS, the representatives of the City Council of the City of Baldwin Park have met and conferred with duly authorized representatives of the Baldwin Park Police Management Employees Association to make equitable adjustments to wages and other terms and conditions of employment, and WHEREAS, a Memorandum of Understanding prepared by said representatives has been presented to the City Council for ratification, and WHEREAS, a majority of the unit members from this group voted to approve the Memorandum of Understanding. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. That this City Council does hereby approve and authorize the City of Baldwin Park's Mayor to sign the "Memorandum of Understanding between the Baldwin Park Police Management Employees Association and the City of Baldwin Park" attached hereto as Exhibit A. This Memorandum of Understanding abrogates and supersedes the Memorandum of Understanding effective for the prior from July 1, 2008 to June 30, 2010 dated October 15, 2008; and this MOU is applicable for the period from July 1, 2014 through June 30, 2017." SECTION 2. Resolutions or portions thereof in conflict hereby are hereby repealed. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall forward a certified copy hereof to each Department Head and the Human Resources Manager. PASSED AND APPROVED this 15th day of July, 2015 Manuel Lozano Mayor Resolution No. 2015-058 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss, CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCILMEMBERS: ALEJANDRA AVILA CITY CLERK Resolution No. 2015-058 Page 3 EXHIBIT A CITY OF BALDWIN PARK MEMORANDUM OF UNDERSTANDING 2015-2017 BY AND BETWEEN THE BALDWIN PARK POLICE MANAGEMENT EMPLOYEES ASSOCIATION AND THE CITY OF BALDWIN PARK Preamble The City of Baldwin Park, a municipal corporation, and the Baldwin Park Police Management Employees Association, a recognized employee organization, have been meeting and conferring consistent with Section 3500 et seq., of the Government Code and have reached agreement as a result of such meetings. It is the intent and purpose of the Memorandum to set forth the total and complete understanding and agreement between the parties regarding wages, hours, and other terms and conditions of employment. It is recognized the signatories to this Memorandum of Understanding and Agreement representing the City and the Association that they, in accordance with Section 3505.1 of the California Government Code, "...shall jointly prepare a written memorandum of such understanding which shall not be binding, and present it to the governing body or its statutory representative for determination". Scope Resolution No. 2015-058 Page 4 Section 1 - Rights and Recognition In accordance with provisions of the Meyers-Milias-Brown Act of the State of California on provisions of the Employer -Employee Relations Resolution No. 96-51, the City acknowledges the Baldwin Park Police Management Employees Association as a recognized employee organization for the purpose of meeting and conferring regarding wages, hours and other terms and conditions of employment for those employees in certain specified classifications referred to in Section 5 of Resolution No. 96-51. The Police Management Employees Association is composed of the classified sworn employees in the positions of Police Captain and Police Lieutenant. Duration of Memorandum The parties agree that the provisions contained herein shall be subject to all applicable laws and covers the period of July 1, 2014 through June 30, 2017, unless otherwise provided. This Memorandum of Understanding abrogates and supersedes the Memorandum of Understanding effective for the prior from July 1, 2008 to June 30, 2010 dated October 15, 2008; and this MOU is applicable for the period from July 1, 2014 through June 30, 2017." This Memorandum shall in all respects be subject and subordinate to the provisions of the Baldwin Park Municipal Code, and statutory provisions of the Federal Government and the State of California in effect at the time of the execution of this Memorandum. The scope of representation shall include all matters relating to wages, hours and other terms and conditions of employment, except however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order; which shall include but not be limited to the right of the City to: direct, supervise, hire, promote, suspend and retain employees; relieve employees from duties because of lack of work or funds, or under conditions where the employer determines continued work would be inefficient or non-productive; determine services to be rendered, operations to be performed, utilization of technology, and overall budgetary matters; determine the methods, processes, means, job classifications, and personnel by which government operations are to be performed and conducted; determine the overall mission of the unit of government; maintain and improve the efficiency and effectiveness of government of the City in situations of emergency; and take whatever other actions may be Resolution No. 2015-058 Page 5 necessary to carry out the wishes of the public not otherwise specified above or by collective agreement. Non-discrimination The provisions of the Memorandum shall be applied equally to all employees without unlawful discrimination as to age, sex, marital status, race, color, ancestry, religious creed, national origin, political affiliation or (when the nature of work permits) physical handicap. Any violation of this by the recognized employee organization shall also be subject to immediate correction and possible loss of recognition. All references to employees in this Memorandum designate both sexes, and whenever one gender is used it shall be construed to include both, where appropriate. Consistent with Section 3502 of the California Government Code, the parties adhere to the State law, which provides that: Except as otherwise provided by Legislature, public employees shall have the right to form, join and participate in activities of employees organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Public employees also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the public agency. The City and the Association agree not to interfere with the aforesaid right. Full Understanding, Modifications, and Waiver It is intended that this Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreement by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. Except as specifically provided herein, it is agreed and understood that both parties voluntarily and unqualifiedly waive their right, and agree that the other party shall not be required to negotiate with respect to any subject or matter covered herein during the term of this agreement. Nothing contained herein shall preclude the parties from mutually agreeing to meet and confer. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council. The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. Resolution No. 2015-058 Page 6 No Strike„ No Lock Out The Association agrees that neither the employees it represents, or any person acting in concert with them, will cause, sanction, or take part in any strike, walkout, sitdown, slowdown, stoppage of work, picketing, retarding of work, abnormal absenteeism, withholding of services, or any other action against the City that would impede the proper functioning of the City government at any time. Violation of any provision of this Section by the Association shall be cause for the City terminating this Agreement upon the giving of written notice to this effect to the President of the Association, in addition to whatever other remedies may be available to the City at law or in equity. Violation of any of the provisions of this Section by any employee shall be just cause for the imposition of disciplinary action up to and including termination, in addition to whatever other remedies may be available to the City at law or in equity. No employee shall receive any portion of his regular salary or benefits while engaging in activity in violation of this Section. The City agrees that it will not lock out any employee at any time. Sayings Clause This Memorandum of Understanding is subject to all applicable Federal, State and City laws, ordinances, resolutions, and any lawful rules and regulations enacted by the City Council. If any part or provision(s) of this Memorandum of Understanding is in conflict or inconsistent with such applicable provisions of Federal, State or City Laws, ordinances, resolution or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision(s) shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum of Understanding shall not be affected thereby. The parties shall enter the Meet and Confer process immediately for the purpose of arriving at a mutually satisfactory replacement of such part or provision(s). Section 2 - Direct Wage Payments Eligibility to receive any retroactive salary payment(s) or other retroactive compensation provided for in this Section 2 or in any section of this Memorandum of Understanding, shall be conditioned upon the affected unit member being employed by the City on the date that the retroactive payment is distributed. Said requirement is consistent with the agreement and understanding of the parties that any and all retroactive payments provided for herein are not intended as compensation for past services rendered. Adoption of a Seven Step Com gnsation Plan Effective July 1, 2004 a Seven Step compensation Plan (5% between steps) shall be adopted by the City Council and made apart hereof, and will be on file with the Human Resources Manager or designated representative(s). Resolution No. 2015-058 Page 7 Employees who receive a minimum overall performance rating of Competent up to a maximum overall performance rating of Superior shall be eligible to receive a one (1) step advancement within their classification. Salary The unadjusted (the salary rate set forth in the City salary matrices — the rates without adjustment for bonuses or any other benefits, including but not limited to City paid employee CalPers contributions) base salary rates for classifications designated as police management employees shall be increased as follows: 1 % effective the first payroll period commencing on or after July 1, 2014 2% effective the first payroll period commencing on or after January 1, 2015 2% effective the first payroll period commencing on or after July 1, 2015 2% effective the first payroll period commencing on or after July 1, 2016 In addition, City shall increase each employee's salary on July 1, 2015 by an amount equal to 9% of the employee's base salary in order to offset each employee's 9% of base salary amount contributed to CalPERS ("CaIPERS offset"). Longevity Pao Sworn Employees Commencing June 30, 2017, City shall pay each sworn employee a monthly longevity payment based upon the employee's years of full time law enforcement service to the City in the amount that corresponds to the employee's years of full time service, as set forth below: a. 10-14 years of full time service shall entitle employee to $158 per month; or b. 15- 19 years of full time service shall entitle employee to $315 per month; or c. 20-24 years of full time service shall entitle employee to $470 per month; or d. 25 or more years of full time service shall entitle employee to $675 per month. A sworn employee may earn longevity payment in the amount commensurate with the employee's completed years of full time service as set forth above provided that the employee shall not be entitled to collect more than one longevity payment at any one time. An employee's longevity payment shall not increase the employee's unadjusted base salary Instead the longevity payment will be added to the employee's unadjusted base salary after any percentage increase to the employee's unadjusted base salary including the one effective on July 1, 2016 Resolution No. 2015-058 Page 8 Section 3 - Insurances/Supplemental Wage Payments Benefits Plan The City will contribute a sum not to exceed for each employee towards benefits as detailed in this section. July 4, 2004 $700.00/month January 2, 2005 through July 2, 2005 $800.00/month July 3, 2005 through July 1, 2006 $900.00/month July 2, 2006 through June 30, 2007 $1,200.00/month The employee is required to maintain a minimum coverage for him/herself in a plan of their choice unless the employee can show proof they have adequate health insurance coverage through another source. In instances where the employee's medical insurance premium is less than the City's monthly contribution, such employee will have an option to have the excess monies placed toward an existing benefit program. These options include: 1. Placement in a City provided health insurance plan for two (2) party or family coverage. 2. Placement in a City provided dental plan for self, two (2) party or family coverage. 3, Placement spread over a combination of the options listed above. 4,. Elect to receive any excess monies in cash, which will be considered as taxable income, or 5. Elect to place the excess cash monies in a City provided deferred compensation program. Retiree Health Benefit Plan for Em to ees Hired Before July 1, 2015 The City Council shall adopt and file an appropriate resolution with the Board of Administration of the Public Employees Retirement System (CaIPERS) whereby the City will elect to obtain a postretirement health benefit plan for employees who are members of this bargaining group before July 1, 2015 as the sole and exclusive health benefit plan for such employees who retire with the intent to provide coverage to said employees after the resolution is approved by CaIPERS and a contract for a health benefit plan between the City and CaIPERS is approved by the parties. For all employees hired prior to July 1, 2015, if upon retirement the employee enolls in the City's CaIPERS medical care plan, the City will pay the minimum employer contribution to CaIPERS that is required by Government Code Section 22892. In addition the City will also pay into the retiree's individual health reimbursement account, or similar reimbursement plan, Resolution No. 2015-058 Page 9 an amount equal to the difference of the City's minimum employer contribution required by Government Code section 22892 and the premium cost for retiree -only coverage in the retiree's chosen medical plan. Retiree Health Benefit Plan for Em. fo rees Hired On or After Jul r 1 2015 The City Council shall adopt and file an appropriate resolution with the Board of Administration of the Public Employees Retirement System (CaIPERS) whereby the City will elect to obtain a postretirement health benefit plan for all employees who become members of this bargaining unit on or after July 1, 2015 as the sole and exclusive health benefit plan for such employees who retire, with the intent to provide coverage to said employees after the resolution is approved by CaIPERS and a contract for a health benefit plan between the City and CalPERS. For all employees hired on or after July 1, 2015, if upon retirement the employee enrolls in the City's CaIPERS medical care plan, the City will pay the minim employer contribution to CaIPERS that is required by Government Code Section 22892. In addition the City will make a contribution to the retiree's individual health reimbursement account, or similar reimbursement plan, based upon the employee's years of service to the City as follows: Credited Years of Service Percentage�� 5 years or less: 0% of the premium cost for retiree -only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution to CaIPERS 6 to 10 full years of service 20% of the premium cost for retiree -only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution to CaIPERS 11 to 15 full years of service 40% of the premium cost for retiree -only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution to CaIPERS 16 to 20 full years of service 60% of the premium cost for retiree -only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution to CaIPERS 21 to 25 full years of service 80% of the premium cost for retiree -only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution to CaIPERS 26+ full years of service 100% of the premium cost for retiree -only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution to CaIPERS For employees that retire on Industrial Disability before age 57, the employee will be treated as having served for the number of years of his or her actual service to the City plus the number of additional years he or she would have served at age 57. Resolution No. 2015-058 Page 10 Vision Plan The city will provide a vision plan to all affected employees, and will contribute up to a maximum premium cost of $32.12 per month. If the premium exceeds this amount, then the employee shall be responsible to pay the difference in excess of $32.12 Life Insurance Effective January 1, 2009, the City will fund term life insurance in the face amount of $50,000. Dental Plan Enhancement Effective June 1, 1993, the City will provide for the dental plan enhancement of orthodontics to the "Reimbursable Plan Choice" of the City's dual choice dental plan. The additional cost for this enhancement will be paid for by the City. Those affected individuals currently enrolled in the "Pre -paid Plan Choice" presently receive this benefit. The City will provide each employee with long-term disability insurance coverage as set forth in the plan on file in the Personnel Office. Effective June 1, 1993, affected employees will be eligible to receive benefits commencing on the 31st day of non -work related injury or illness, and employees will be eligible to receive a maximum benefit of 66 2/3% of their current base salary up to a maximum of $5,000 per month. Retirement The City will pay 100% of the employee's contribution to the CaIPERS retirement program and provide retirement benefits at the 3% at 50 formula as currently specified under the City's contract with the California Public Employees' Retirement. All such employee contributions shall be deposited in the member's retirement accounts. On July 1, 2015 City shall offset each employee's 9% of base salary amount that each employee pays as his or her CaIPERS contribution by increasing each employee's base salary by an amount equal to each employee's 9% CaIPERS contribution ("CaIPERS offset") provided that the effective date of the offset shall occur when CaIPERS approves or implements the offset. Effective as soon as reasonably practical and consistent with CaIPERS documentary requirements, the City shall amend its contract with CaIPERS to provide for Level V of the 1959 Survivors' Benefit, conditioned upon said amendment resulting in no increased CaIPERS City contribution rate or other CaIPERS cost and no decrease in the City CaIPERS account value. Resolution No. 2015-058 Page 11 The City shall pay an additional one hundred ($100.00) per month to a person who is capable of speaking, reading, writing and/or interpreting the languages of Spanish, Chinese, Japanese, Vietnamese, Tagalog, Signing, Armenian and Farsi. Determination of capability shall be made by qualifying tests established by the City. Tuition Reimbursement Effective July 1, 2004, the City agrees to reimburse Police Management members for educational expenses up to a maximum of $3,000 per fiscal year. In order to qualify for the reimbursement said employee must attend a nationally accredited college or university and shall receive a "C" or better as a completion grade for the specific course. Employee will continue to process the tuition reimbursement as stated within the City's current policy. An employee shall be responsible to pay back the City if said employee separates from employment within two (2) years of receiving the reimbursement. Educational Incentive Each member who possesses any of the following degrees: Associate of Arts/Science, Bachelor of Arts/Science, Master of Arts/Science or Doctorate from a nationally accredited college or university shall be eligible to receive the following compensation: Associate of Arts/Science Bachelor of Arts/Science Masters of Arts/Science Doctorate Educational Payment —Sworn Personnel 2% increase to base salary 8% increase to base salary 10% increase to base salary 12% increase to base salary Effective upon ratification of agreement, City shall pay each sworn employee in PMA bargaining group a monthly POST Certificate payment based upon the employee's receipt of the following POST Certificates as set forth below: a. $200 monthly for a Management POST Certificate Section 4 - Attendance and Leaves Sick Leave Sick leave shall accrue at the rate of 3.6923 hours on a biweekly basis and shall be debited on an hourly basis. Effective September 7, 1994, each eligible affected employee shall elect their maximum sick leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours Resolution No. 2015-058 Page 12 or 900 hours. If an eligible affected employee wishes to elect a maximum sick leave accrual level that is at a higher level than their currently accrued sick leave hours, they may do so. The maximum accrual elected by the affected employee will be irrevocable. Once the election is made by the employee, such excess hours will be removed from the employee's sick leave hours accrual, calculated at their then straight time hourly rate and placed into a sick leave hours bank to be paid at no less than 50% of the total value nor more than 75% of the total value, with the timing and method of payment to be determined by the City. When an employee's service with the City is terminated for any reason, no compensation shall be paid for unused sick leave. Annual Sick Leave Incentive Sick leave shall accrue on a biweekly hourly basis and shall be debited on an hourly usage basis. Each January 1, eligible employees will commence to accrue sick leave hours above their prior elected sick leave hours bank (300, 600 or 900). At the close of the calendar year, each eligible employee will receive 50% of the unused portion of sick leave hours as compensation, calculated at their then straight time hourly rate. Payment will be made at the next closest pay period. Bereavement Leave Each classification represented by the Association shall receive the equivalent of three (3) working days per incident, as needed, for a death in their immediate family. Immediate family shall mean and include only the employee's spouse, children, step -children, parents, brothers, grandparents, State Registered Domestic Partner, spouse's parents, and spouse's grandparents. Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave for bereavement is provided. Vacation Leave The general policy and accrual levels of vacation will be set forth in Section 11.3 of the Personnel Rules. Employees will be entitled to utilize accrued vacation leave after completion of six (6) months continuous employment with the City. Employees may be eligible to utilize accrued vacation leave at an earlier time, upon written request to and approval of their department head. The times during which an employee may take his/her vacation leave shall be determined by the department head with due regard for the wishes of the employee and for the needs of the service. Employees shall, each calendar year, be required to take a minimum of forty (40) consecutive hours vacation leave. In addition, an employee may, with approval of the department head use vacation leave in lesser increments during the calendar year. Resolution No. 2015-058 Page 13 Employees may accumulate up to a maximum of two (2) vacation periods in any one calendar year for the purpose of a vacation leave with approval of the department head. A vacation period is defined as the maximum amount of vacation leave accrued by an employee in any calendar year. Effective July 3, 2005, the maximum accrual of vacation leave that may be accumulated shall be as follows: 1. Employees having less than five (5) years of employment (vacation accrual = 96 hours per year), the maximum amount of vacation that may be accumulated shall be 192 hours. Z Employees having more than five (5) years but less than ten (10) years of employment (vacation accrual = 120 hours per year), the maximum amount of vacation that may be accumulated shall be 240 hours. 3, Employees having more than ten (10) years but less than fifteen (15) years of employment (vacation accrual = 144 hours per year), the maximum amount of vacation that may be accumulated shall be 288 hours. 4a Employees having more than fifteen (15) years but less than twenty (20) years of employment (vacation accrual = 168 hours per year), the maximum amount of vacation that may be accumulated shall be 336 hours. 5. Employees having more than twenty (20) years of employment (vacation accrual = 192 hours per year), the maximum amount of vacation that may be accumulated shall be 384 hours. If an employee, because of business necessity, is not able to utilize excess accrued vacation hours, upon written request to, and approval of the department head, an employee will be given an extension in order to take his/her vacation. In cases where the employee forfeits vacation leave time at the request of the City, upon approval of the Chief Executive Officer or designated representative(s), said employee shall be compensated for forfeited vacation leave time at the employee's current rate of pay. It is the employee's responsibility to schedule vacation time well in advance to avoid forfeiting his or her vacation or to avoid any conflicts. Employees will be notified on a quarterly basis of their current and potential maximum vacation hours accrual for the calendar year to assist them in the reduction of excess accrued vacation hours. In the event a legal holiday falls during a vacation leave, such holiday shall not be charged as vacation leave, and the vacation leave shall be extended or credited accordingly. Employees who separate from the service of the City shall be eligible to receive compensation for all unused, accrued vacation leave. Resolution No. 2015-058 Page 14 Administrative Leave Each employee in the position of Police Captain shall receive a maximum of forty (40) hours of administrative leave with pay each fiscal year. The use of such leave shall be at the reasonable discretion of the employee's department head. Unused time at the end of each fiscal year, June 30, will be paid during the following month of July with said time being calculated at their then straight time hourly rate. Holiday For employees working a 4/10 plan or a 3/12 plan, the following days shall be observed as holidays: January 1st; the third Monday in February; the last Monday in May; July 4th; the first Monday in September; November 11th; the fourth Thursday in November; December 24th; December 25th and such other days as may be designed as holidays by motion of the City Council. If any of the foregoing holidays fall on a Friday or a Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. 1. Employees working a 3/12 plan will receive one (1) twelve (12) hour day of floating leave, for a total of 12 hours. 2. Employees working a 4/10 plan will receive two (2) ten (10) hour days of floating leave, for a total of 20 hours. Holiday Bank Shift EqjpLoyeek Employees assigned to shifts other than normal business hours, shall have the option of receiving the holiday hours worked as cash payment at their straight time rate for each holiday as it occurs, other than floating holiday time, or may elect to bank the holiday hours as the holiday occurs, other than floating holiday time. The times during which an employee may take his/her holiday bank hours shall be approved by the department head with due regard for the wishes of the employee and for the needs of the service. This holiday bank leave shall be used in the increment of the employees assigned work schedule, e.g., 8, 9, 10 or 12 hours. Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank time. However, upon implementation by the City of accounting procedures and methods whereby use of holiday Resolution No. 2015-058 Page 15 leave in increments of one (1) hour or more can be reasonably documented, affected employees shall be provided the option of using holiday leave in such amounts of time. Although the City shall endeavor in good faith to institute such an accounting process, it shall remain the sole discretion of the City to determine when such a modified accounting process can be reasonably implemented. If an employee, because of business necessity, is not able to utilize excess accrued holiday bank hours, upon written request to, and approval of the department head, an employee will be paid for any excess hours over their maximum holiday bank hours accrual. Each January 1, such excess hours will be removed from the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid not later than June 30 of the same year. Employees who separate from the service of the City shall be eligible to receive compensation for all unused, accrued holiday bank hours at his/her straight time rate. Non -shift Em to ees At the beginning of each calendar year, the City will determine how many of the set holidays fall on a Friday and/or Saturday. An employee will be credited with an equivalent number of hours of holiday time ("holiday bank"). Each affected employee will also be credited with the above floating holidays. The actual date for the use of such leave shall be subject to the approval of the employee's appointing authority. This holiday bank leave shall be used in the increment of the employees assigned work schedule, e.g., 8, 9, 10 or 12 hours. Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank time. If an employee, because of business necessity, is not able to utilize excess accrued holiday bank hours, upon written request to, and approval of the department head, an employee will be paid for any excess hours over their maximum holiday bank hours accrual. Each January 1, such excess hours will be removed from the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid not later than June 30 of the same year. If an employee separates employment from the City, and has used holiday bank time prior to the occurrence of the actual holiday, he/she will have his/her vacation bank, administrative leave and/or final paycheck reduced to reflect the excess holiday bank time used. If an employee separates employment from the City, and has not used any eligible accrued holiday bank time, he/she will be paid for such eligible holiday bank time at his/her straight time rate. Resolution No. 2015-058 Page 16 Military Leave An employee granted military leave pursuant to Section 11.6 of the Personnel Rules shall not be granted additional compensation when such leave extends beyond the employees regularly scheduled four (4) workdays per week to his/her "Friday" day off. Jud iu y An employee granted jury duty leave pursuant to Section 11.7 of the Personnel Rules shall not be granted additional compensation when such leave extends beyond the employees regularly scheduled four (4) days per week to his/her "Friday" day off. Trainir� /Conference Leave When an employee is scheduled to attend a conference or training program Monday through Friday, his/her work hours will be 8:00 a.m. to 5:00 p.m., Monday through Friday, so there is no issue that he/she is eligible for additional compensation while attending the conference or training. IIIJUry on Duty While any employee is on injury on duty status, his/her work hours will be 8:00 a.m. to 5:00 p.m., Monday through Friday, so there is no issue that he/she is eligible for additional compensation while receiving treatment or keeping doctor's appointments. Section 5 - Work Schedules Experimental 4/10 Plan The City agreed to implement an experimental 4/10 plan for all affected employees in the Police Department effective August 2, 1993. The Association recognizes that the City may, at its sole discretion, end the 4/10 plan at any time. The termination of such 4/10 plan is not subject to the grievance process or any other administrative review. The Association recognizes that the 4/10 plan is not a vested right in any manner, and that the termination of such 4/10 plan is not subject to the meet and confer process or meet and consult process. 3/12 Work Schedule The 3/12 work schedule for Patrol Lieutenants was approved for implementation to take place January 7, 1996. Detailed scheduling and department procedures relating to this work schedule will be resolved by the operations division commander after implementation. Resolution No. 2015-058 Page 17 Workday Police Captains assigned to City Hall, shall have a standard workday consisting of ten and one-half (10 1/2) hours, nine hours and fifty minutes (9:50) of work time and forty (40) minutes as a non -paid unrestricted meal period. Meal periods shall be in accordance with department administrative guidelines. Patrol Lieutenants shall have a standard workday consistent with other patrol officers working on the 3/12 program, which will include a paid restricted meal period of one-half (1/2) hour. Meal periods shall be in accordance with department administrative guidelines. Employees will be provided two (2) ten (10) minutes rest breaks during the day, one each approximately at the midpoint of each one-half workday. Rest time is not cumulative beyond the half scheduled workday within which the break period occurs nor may it be used to extend lunch or shorten the workday. Hours of Work Police Captains assigned to City Hall, shall work Monday through Thursday, 7:30 a.m. to 6:00 p.m. Patrol Lieutenants shall work their assigned shifts as scheduled. The Police Lieutenant assigned to Investigations shall work four (4) days per week, 7:00 a.m. to 5:30 p.m. Section 6 - Overtime Overtime Police Captains shall not be eligible for overtime compensation in any form. Police Lieutenants Overtime Authorization All References in tfi particulaa' Overtime Authorization Section are as to Police Lieutenants All overtime requests must have the prior written authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. Dispatched calls beyond the end of duty time are considered as authorized. An employee's failure to obtain prior written approval, or explicit verbal authorization followed by written authorization, will result in the denial of the overtime request. Employees are cautioned not to spend excessive amounts of time at their workstation before or after their normal work period or during their meal breaks. Meal breaks should be Resolution No. 2015-058 Page 18 taken away from the employee's workstation. This incidental time will not be compensated in any manner whatsoever unless prior authorization of a supervisor is obtained. (clothes Chan Except as provided below, employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on -duty. Each employee is provided with a locker for their own personal convenience. An employee may or may not utilize the locker for storage and changing purposes at their own discretion. Nothing herein prevents a sworn employee from wearing their uniform to and/or from their residence to and/or from work as long as the badge and insignia are covered by a non - police issue garment such as a windbreaker. Employees choosing to wear their uniforms covered to and/or from work should not wear their "Sam -Browne" belt. Time spent in changing clothes before or after a shift is not considered hours worked and is not compensable in any manner whatsoever. Shift Trades The practice of shift trading shall be voluntary on behalf of each employee involved in the trade. The trade must be due to the employee's desire or need to attend to a personal matter and not due to the department's operations. The employee providing the trade shall not have their compensable hours increased as a result of the trade; nor shall the employee receiving the trade have their compensable hours decreased as a result of the trade. Any hours worked beyond the normal workday will be credited to the individual actually doing the work. "Payback" of shift trades are the obligation of the two employees involved in the trade. Payback are to be completed within twelve (12) months of the date of the initial shift trade. Any dispute as to payback is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties. A record of all initial shift trades and payback shall be maintained by the involved employees on forms provided by the department ("Shift Trade Log"). If one individual fails to appear for the other (regardless of the reason), the person who agreed to the shift trade is the newly scheduled officer and will be held responsible for that shift period. That person will be listed as absent without leave and may be subject to disciplinary action. Earl relief Polic The practice of early shift relief shall be voluntary on behalf of each employee involved in the relief. The employee providing the early relief shall not have their compensable hours Resolution No. 2015-058 Page 19 increased as a result of the early relief. "Payback" of early relief hours are the sole obligation of the two employees involved in the early relief. Any dispute is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties. Firearms Qualification All members of the department are required to qualify and receive remedial training while on duty. Employees who choose to shoot at the range at times other than the required qualification dates will be considered to be on personal time. Such time is not counted as working time and is not compensable in any manner whatsoever. Ci�ehicle Use Employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the City vehicle. This provision also applies in those situations where the radio must be left on and monitored. Gym Facility The City provides a gym facility for the voluntary use of employees during their off duty hours. Time spent by employees in working out at the gym facility is not considered hours worked and will not be compensated in any manner. ._ M '.IIIIW Call back duty occurs when an employee is ordered to return to duty on a non - regularly scheduled work shift. Call back does not occur when an employee is held over from their prior shift or is working prior to their regularly scheduled shift. An employee called back to duty shall be credited with a minimum of two (2) hours work commencing when they report to duty. Any hours worked in excess of two (2) hours shall be credited on an hour for hour basis for actual time worked. Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever. Call back duty hours will be compensated at time and one-half rate irrespective of the total paid leave exclusions for the work period. This provision is to be distinguished from "Court Pay" which is to be used when an employee is called back to court. Resolution No. 2015-058 Page 20 Court Pay When an employee is physically called to court for appearances, he/she shall be credited with a minimum of four (4) hours work commencing when he/she reports to court. Any hours worked in excess of four (4) hours shall be credited on an hour for hour basis for actual time spent in court. Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever. Court pay will be compensated at time and one-half rate, irrespective of the total paid leave exclusion for the work period. Court Standby time is not considered hours worked under the Fair Labor Standards Act. However, in recognition of the City's past practice, the employee will continue to receive credit for two (2) hours in the a.m. and two (2) hours in the p.m., provided that the employee is not actually required to be present in the court buildings. Court standby will be paid only for an employee's assigned regular days off, that fall Monday - Friday. Attendance at training schools/facilities (including the academy), which improves the performance of regular tasks and/or prepares for job advancement are not compensable for hours in excess of the employee's normal work shift. Any time spent in excess of the normal work shift will not be counted as working time and is not compensable in any manner whatsoever. Time spent in studying and other personal pursuits is not compensable hours of work, even though the employee may be confined to campus or to barracks 24 hours a day. Travel time to and from the training facility outside of an employee's normal work shift is not compensable hours of work. Mandatory training as required by the Department and/or P.O.S.T. is compensable for actual time spent in training. Work Period The work period for the covered classification of Police Lieutenant within the bargaining group shall be seven (7) days in length. Resolution No. 2015-058 Page 21 Overtime Compensation For purposes of calculating overtime, all Police Lieutenants required to work in excess of the standard work period of forty (40) hours in a seven (7) day cycle shall receive compensation at the rate of time and one-half their regular rate of pay. MOU Overtime Effective November 1, 2004, in addition to regular overtime a Police Lieutenant will be entitled to MOU Overtime as follows: A Police Lieutenant that is taking a vacation, Holiday Bank and/or compensatory leave during their regular scheduled work week and is called into work on an overtime assignment or is required to work past their regular shift will be compensated at one and one-half (1.5) times the employee's regular rate of pay. A Police Lieutenant that is required to work on any City recognized Holiday will be compensated at the regular rate of pay and will also receive either twelve (12) hours of Holiday Bank time or twelve (12) hours of paid straight time at the employee's regular rate of pay. The employee may elect to choose whether he/she receives the twelve (12) hours of Holiday Bank time or twelve (12) hours of straight time at the regular rate of pay. An employee who is called into work outside of the employee's regular shift and that day happens to fall on a City recognized Holiday said employee will be compensated at one and one (1.5) times the employee's regular rate of pay. Paid Leave Exclusions In determining a Police Lieutenant's eligibility for overtime compensation in a work period, paid leaves of absences and unpaid leaves of absences shall be excluded from the total hours worked. To the extent authorized by law, paid leave of absences which shall be excluded include: 1. Sick Leave 2. 4850 Time Leave 3. Jury Duty 4. Administrative Leave 5. Bereavement Leave 6. Military Leave 7. Workers Compensation Leave (IOD) Resolution No. 2015-058 Page 22 Compensatory Time In lieu of receiving cash payment for hours worked in excess of forty (40) hours during the seven (7) day work period, a Police Lieutenant may elect the option of earning compensatory time, and shall have a cap of one hundred fifty (150) hours placed on the accrual of compensatory time off. The time during which an employee may take their compensatory time shall be approved by the department head with due regard for the wishes of the employee and for the needs of the service. Should this provision be found invalid by an arbitrator, court of competent jurisdiction or the Department of Labor, the accrual of the compensatory time shall cease and all accrued compensatory time shall be paid at the employee's current straight time rate. On or before December 31 of each year, an employee shall reduce their accrued compensatory time bank to forty (40) hours or less. Any time in excess of forty (40) hours shall be paid at the employee's current straight time rate unless advance, written approval of the employee's department head and the Executive Team is obtained to carry over all or part of the excess of forty (40) hours. Upon separation from City service, an employee shall be compensated for all accrued compensatory time of eighty (80) hours or less at their straight time hourly base rate. New Fair Labor Standards Act Re ulations The City agrees that in the event the Department of Labor issues new or revised interpretative regulations defining what is and what is not compensable hours of work, the City shall amend any affected provisions of this language to comply with such regulations. The Association recognizes that there will be no retroactive application of such regulations under this Memorandum of Understanding unless so provided by the regulations or courts. Section 7 - Policies and Procedures Pav Periods The pay periods and times of delivery of payroll checks for all employees shall be set by the Executive Team. Payroll Deductions and Dues The City may deduct regular dues of employee members of the recognized employee organization. Dues deduction shall be made only on the written authorization of the employee. Dues deduction authorization may be canceled and the dues deduction Resolution No. 2015-058 Page 23 discontinued at any time by the employee upon voluntary written notice to the Personnel Services Division. Uniforms Ueutenant _and Captains. Effective July 1, 2015 the City will provide $900.00 per year for eligible employees by adding this amount to each employee's paycheck but will not increase the employee's base salary. The City shall continue to provide new employees with two (2) complete uniforms (excluding shoes) upon commencing employment with the City. Employees shall be responsible for the replacement of uniforms due to normal wear and tear. If an employee's uniform is damaged during the execution of their duties said employee will document in a police report or inter -office memorandum the circumstances surrounding the damage. The City shall provide the employee with a replacement uniform equivalent to the one that was damaged. Effective July 4, 1993, sworn personnel will have the option of selecting a light duty jacket or heavy-duty jacket as part of their uniform. Qj.q linary Appeal Procedures Classifications represented by the Association will be subject to the disciplinary procedures as set forth in Section 14 of the Personnel Rules. American's With Disabilities Act Because the ADA requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case-by-case basis, the parties agreed that the provisions of this agreement may be set aside in order for the City to avoid discrimination relating to hiring, promotion, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment. The Association recognizes that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The Association will be notified of these proposed accommodations prior to implementation by the City. Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the grievance procedure. Prior to setting aside any provision of this agreement in order to undertake required accommodations for an individual protected by the Act, the City will provide the Association Resolution No. 2015-058 Page 24 with written notice of its intent to set aside the provision, and will allow the Association the opportunity to discuss options to setting aside of any provisions. It is the purpose of this policy to eliminate substance abuse and its effects in the workplace and to ensure that employees are in a condition to perform their duties safely and efficiently, in the interests of their fellow workers and the public as well as themselves. Policy It is the City's policy that employees shall not be under the influence of or in unlawful possession of alcohol or illegal drugs while on city property, at work locations, or while on duty; shall not utilize such substances when they are assigned to be on call for duty; shall not possess, provide or sell illegal drugs to any other employee or to any person while on duty; nor have their ability to work impaired as a result of the use of alcohol or illegal drugs. While use of medically prescribed medications and drugs is not per se a violation of this policy, the employee must notify his/her supervisor, before beginning work, when taking medication or drugs (including the possible effects of taking such medication or drugs) which the employee believes may interfere with the safe and effective performance of duties or operation of equipment. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from their physician may be required. The City is committed to providing reasonable opportunity for rehabilitation for those employees whose drug or alcohol problem classifies them handicapped under federal and/or state law. Persons whose use of drugs or alcohol prohibits them from performing the duties of their position, or whose use constitutes a direct threat to property or the safety of others, are not considered handicapped under federal or state law. This policy applies to all employees of the City of Baldwin Park. This policy applies to alcohol and to all substances, drugs, or medications, legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of the job. MOM An employee must: Resolution No. 2015-058 Page 25 1. Refrain from the use of, or unlawful possession of, illegal drugs or narcotics while on duty; 2. Not report to work while his/her ability to perform duties is impaired due to alcohol or drug use; 3. Not possess or use alcohol or impairing drugs (illegal drugs and prescription drugs without a prescription) during working hours or at anytime while on city property, unless authorized by the Police Department; 4. Not directly or through a third party sell or provide illegal drugs to any person, including any employee, while either employee or both employees are on duty; 5, Notify his/her supervisor, before beginning work, when having consumed alcohol or when taking any medications or drugs, prescription or non-prescription, which the employee believes may interfere with the safe and effective performance of duties or operation of equipment; & Report to their supervisor of any criminal drug statute conviction no later than five (5) days after such conviction; 7. Report to the supervisor when they have knowledge of objective evidence that other employees may be under the influence of drugs or alcohol or engaging in illegal drug related activities. Employees who believe they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance through their medical plans or through other resources available in their community. While the City will be supportive of those who seek help voluntarily, the City will be equally firm in identifying and disciplining those who continue to be substance abusers and do not seek help. Notwithstanding the above language, Section 3.01(8) of the Baldwin Park Police Manual will be taken into consideration for all sworn employees of the Police Department. Mang ement Responsibilities 1. Managers and supervisors are responsible for reasonable enforcement of this policy. 2. Notify the affected contract/granting agency within ten (10) days after receiving notice of any conviction. 3. Prepare and distribute to all employees, a summary of available benefits through the various health plans. Information to be distributed through the Resolution No. 2015-058 Page 26 Personnel Services office. 4. To treat any cases where rehabilitation is recommended or already underway as a medical situation, subject to current medical leave policies. 5, To maintain strict confidentiality on all matters arising under the provision of this policy. Medical information, if necessitated, will be maintained by Personnel Services in separate, secured files. 6. Information will only be shared where there is a bona fide "need to know" by management in instances where referrals, rehabilitation, medical leaves, work accommodation, discipline or other employment related decisions are affected. 7. As with all policies and procedures, any incident or situation requiring management attention is expected to be given thorough and deliberate consideration before any final action is taken, especially in disciplinary cases. Decisions made on such cases under this policy will be subject to review by an individual's department head, and Personnel/Risk Manager. Section 18, of the Personnel Rules, relating to smoking in the City workplace will be amended to read as follows: 18.1 Puros The purpose of this policy is to set forth City Council direction in regard to smoking by City employees in City facilities and to encourage non-smoking by City employees in the workplace. This policy is necessary because such smoking is recognized as a hazard to the health of smokers and non-smokers alike. All employees must be aware of the provisions of City Council Ordinance No. 1232, which prohibits smoking by anyone in and around City -owned premises and public parks and other recreational facilities. City owned premises is defined as a building or site owned and occupied, or leased and occupied, by the City of Baldwin Park for any municipal function, and includes the entire site of the City -owned premises and all structures thereon. City owned premises shall not include any public sidewalk adjacent to the site or City -owned premises, nor any building owned in part by the Baldwin Park Redevelopment Agency which is also partly owned by a private individuals or Owner Participation Agreement. City -owned premises include, but are not limited to, City Hall, the City Yard, and the site occupied by the City Housing Authority. Public Park means any park, roadside rest, or other site designated by the City of Baldwin Park for any recreational purpose which is owned, managed or controlled by the Resolution No. 2015-058 Page 27 City, and includes the entire site of the public park, all structures thereon, and any public sidewalk adjacent to that site. Public Park includes, but is not limited to, the Julia McNeill Senior Center, the Esther Snyder Community Center, Morgan Park, Barnes Park, Hilda Solis Park, Walnut Creek Nature Park, and the Baldwin Park Teen Center and Skate Park. This policy governs all areas of city -owned buildings not considered to be public access areas and not therefore, governed by Ordinance No. 1232. These areas would include employee offices, rooms or hallways not normally open to the public, employee lounges, kitchens, lunchrooms and employee break rooms, workstations, locker rooms, city vehicles and other common employee areas. Smoke or Smoking is defined as the burning of any form of tobacco, in a pipe, cigar or cigarette or any other device used for the burning of tobacco or other similar combustible material, so that the person in possession thereof can inhale and exhale the smoke there from. 18.2 Policy (This policy will supersede the policy effective September 7, 1989) Effective January 1, 1995, smoking in all areas of city -owned buildings and city -owned vehicles, is prohibited. Should any dispute arise from this policy, it shall be directed to the Executive Team. 18.3 Procedure The Maintenance Division shall be responsible for posting and maintaining all signs in accordance with the standards approved by the Executive Team. Signs in private offices shall be the responsibility of the office occupant. "No Smoking" signs shall be available from the Maintenance Division. Those managers and supervisors closest to employee worksites are hereby charged with the implementation of and compliance with this policy. The Executive Team is ultimately responsible for such implementation and compliance. The Human Resources Manager shall be responsible for updating this policy as necessary and communicating this policy to all employees. No person shall discharge, discipline or in any manner retaliate against any employee because such employee exercises any rights afford by this policy. The parties agree to allow a reopener during the term of the MOU which shall be limited to proposed modifications to Cost of Living Adjustments. Either party shall provide written notice to the other of its intent to invoke this section, and a written description of the precise changes that are proposed. Proposed changes shall not be implemented without Resolution No. 2015-058 Page 28 completion of the meet and confer process and as appropriate, completion of any impasse - resolution procedures. Resolution No. 2015-058 Page 29 IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding the day, month and year noted. BALDWIN PARK POLICE MANAGEMENT EMPLOYEES „. Jo h Bartolotti, President Date: CITY OF BALDWIN PARK Date: Manuel Lozano, Mayor INDEX Section 1 - Rights and Recognition Resolution No. 2015-058 Page 30 Page Recognition 4 Duration of Memorandum 4 Scope 4 Non-discrimination 5 Full Understanding, Modification 5 and Waiver No Strike; No Lock Out 6 Savings Clause 6 Section 2 - Direct Wage Payments Salary 7 Section 3 - Insurances/Supplemental Wage Payments Benefits Plan 7 Vision Plan 8 Life Insurance 8 Dental Plan Enhancement 8 Long Term Disability 8 Retirement 8 Bilingual Pay 9 Tuition Reimbursement 9 Educational Incentive 9 Section 4 - Attendance and Leaves Sick Leave 9 Annual Sick Leave Incentive 10 Bereavement Leave 10 Vacation 10 Administrative Leave 12 Holidays 12 Floating Holidays 12 Holiday Bank 12 Military Leave 13 Jury Duty 14 Training/Conference Leave 14 Injury on Duty 14 INDEX Section 5 - Work Schedules Resolution No. 2015-058 Page 31 Page Experimental 4/10 Plan 14 3/12 Work Schedule 14 Workday 14 Hours of Work 15 Section 6 - Overtime Overtime 15 Overtime Authorization- Police Lieutenants 15 Clothes Changing 15 Shift Trades 16 Early Relief Policy 16 Firearms Qualification 17 City Vehicle Use 17 Gym Facility 17 Call Back Pay 17 Court Pay 17 Court Standby 18 Training Time 18 Work Period 18 Overtime Compensation 18 Memorandum of Understanding Overtime 19 Paid Leave Exclusions 19 Compensatory Time 19 New Fair Labor Standards Act Regulations 20 Section 7 - Policies and Procedures Pay Periods 20 Payroll Deductions and Dues 20 Uniforms — Lieutenants and Captains 20 Disciplinary Appeal Procedures 21 American's With Disabilities Act 21 Alcohol and Drug Abuse Policy 21 Smoke Free Workplace 24 Index 27-28 RESOLUTION NO. 2015 - 081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE EXECUTIVE EMPLOYEES BENEFITS MATRIX AND THE UNCLASSIFIED MANAGERS EMPLOYEES BENEFITS MATRIX WHEREAS, on April 20, 2005, the City Council adopted Resolution 2005-029 approving the EXECUTIVE EMPLOYEE BENEFITS MATRIX; WHEREAS, the Unclassified Managers receive benefits set forth in the EMPLOYEE BENEFIT MATRIX, as currently approved; and WHEREAS, the City is desirous of amending specified benefits in both EXECUTIVE EMPLOYEE BENEFITS MATRIX and the Unclassified Managers EMPLOYEE BENEFIT MATRIX. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. That the City Council does hereby approve the EXECUTIVE EMPLOYEE BENEFITS MATRIX attached hereto as Exhibit "A." SECTION 2. That the City Council does hereby approve the Unclassified Managers EMPLOYEE BENEFIT MATRIX attached hereto as Exhibit "B." SECTION 3. That all Resolutions or portions thereof or any previous contract or agreement in conflict herewith are hereby repealed and superseded by the attached documents "A" and "B." SECTION 4. That the City Clerk shall forward a copy of this resolution to the Human Resources Manager and certify to the adoption of this Resolution. SECTION 5. That this Resolution shall go into effect immediately upon adoption. APPROVED AND ADOPTED THIS 15th day of July, 2015. Manuel Lozano Mayor Resolution 2015-081 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESss. CITY OF BALDWIN PARK 11 I, Kristi Russell, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the 15th day of July, 2015, by the following vote: AYES: COUNCIL MEMBERS:. NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCILMEMBERS: KRISTI RUSSELL CHIEF DEPUTY CITY CLERK EXECUTIVE EMPLOYEES BENEFIT MATRIX ATTACHMENT "A" Cost of Living Adiustments Resolution 2015-081 Page 3 The following unadjusted base salary increases shall be provided to all Executive Employees: a) Retro -active to the first payroll period commencing on or after July 1, 2014 — 1% b) Effective the first payroll period commencing on or after January 1, 2015 — 2% c) Effective the first payroll period commencing on or after July 1, 2015 — 2% d) Effective the first payroll period commencing on or after July 1, 2016 — 2% InSLii-ances/Supplemeg l \ti e�P @entLs Benefits Plan Effective July 1, 2004, the City will contribute a sum not to exceed $1,200.00 per month for each Executive employee towards benefits as detailed below: The employee is required to maintain a minimum coverage for himself/herself in a plan of their choice, unless the employee can show proof they have adequate health insurance coverage through another source. In instances where the employee's medical insurance premium is less than the City's monthly contribution, such employee will have an option to have the excess monies placed toward an existing benefit program. These options include: 1. Placement in a City provided health insurance plan for self, two (2) party or family coverage. 2. Placement in a City provided dental insurance plan for self, two (2) party or family coverage. 3. Placement spread over a combination of the options listed above. 4. Elect to receive any excess monies in cash, which will be considered as taxable income, or 5. Elect to place the excess cash monies in a City provided deferred compensation program. Vision Plan Resolution 2015-081 Page 4 Effective January 1, 2009, the City will provide a vision plan, and will contribute up to a maximum premium cost of $34.05 per month. Life Insurance The City will provide term life insurance in the face amount of $60,000. VehicleNehicle Allowance Effective July 1, 2004, the City will provide an Executive employee the choice to receive a City -owned vehicle or will provide an amount of $300.00 per month vehicle allowance for those Executive employees who choose to utilize their own personal vehicle for City business. Cell Phone Allowance Effective July 1, 2004, the City will provide an Executive employee an amount of $75.00 per month for use of a personal cell phone for City business. Lon -Term Diisability and Short Term, Diaability The City will provide long-term and short-term disability insurance coverage as set forth in the plan on file in the Personnel Services Office. Effective July 1, 2005, the City will amend the City's contract with the Public Employees' Retirement System (PERS) to provide benefits at the 2.7% at 55 formula for the Local Miscellaneous Employees and to incorporate employee shared participation towards the contributions of said retirement benefit. In order for the City to provide the benefits as stated herein, the City amended its contract with PERS. Pursuant to the amendments with PERS, the City is obligated to contribute 4.598% of the employees' base salary as its contributions to PERS. In addition, the employees are obligated to pay 8% of its base salary as its contribution to PERS. Effective July 1, 2005, both the employees and the City agree that in order for the City to provide benefits as stated herein, the employees express agree and hereby enter into this Addendum to pay the City's cost of 4.598% of the employees' base salary in order to receive the benefits as agreed to herein. The City expressly agrees to pay 7% of the 8% of the employees' contribution to PERS. Employees expressly agree to pay its additional cost of 1% of employees' base salary. Accordingly, the employees agree to a pay a total cost of 5.598% of the base salary. The employees' cost will be reflected on the pay period ending date of July 2, 2005, pay date of July 7, 2005. On July 1, 2006 — Employees will pay 5% and the City will pay 1.766% increase to normal cost (difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of their base salary. The employee's cost will be reflected after the pay period ending date of July 1, 2006. Resolution 2015-081 Page 5 On June 30, 2007 — Employees will pay 3% and the City will pay 3.766% increase to normal cost (difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of their base salary. The employee's cost will be reflected after the pay period ending date of June 30, 2007. All such employee contributions shall be deposited in the member's retirement account. • CalPERS Member contribution- Miscellaneous Employees: o Effective as soon as reasonably practical and consistent with CalPERS documentary requirements, the City shall amend its contract with CaIPERS consistent with unit employees agreeing to pay an additional 5% towards the 8% of the member contribution in exchange for an offset wage increase of the same amount. • CalPERS Member contribution- Sworn Employee: o Effective as soon as reasonably practical and consistent with CalPERS documentary requirements, the City shall amend its contract with CalPERS consistent with executive employees agreeing to pay 9% of the member contribution in exchange for an offset wage increase of the same amount. Retirement — Sworn Em to ees The City will pay 100% of the employee's contribution to the CalPERS retirement program and provide retirement benefits at the 3% at 50 formula as currently specified under the City's contract with the California Public Employees' Retirement System. All such employee contributions shall be deposited in the member's retirement account. Attendance and Leaves Sick Leave The general policy for sick leave will be as set forth, for all full-time employees, in Section 11.4 of the Personnel Rules. Sick leave will accrue at the rate of 3.6923 hours on a biweekly basis and shall be debited on an hourly basis. Effective September 7, 1994, each eligible employee shall elect their maximum sick leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at a higher level than their closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee will be irrevocable. When an employee's service with the City is terminated for any reason, no compensation shall be paid for the unused sick leave hours accrual bank. Resolution 2015-081 Page 6 Annual Sick Leave Incentive — Sick leave shall accrue on hourly basis of eight (8) hours per month and shall be debited on an hourly usage basis. Each January 1, eligible employees will commence to accrue sick leave hours above their prior elected sick leave hours bank (300, 600 or 900). At the close of the calendar year, each eligible employee will receive 50% of the unused portion of sick leave hours as compensation, calculated at their then straight time hourly rate. Payment will be made at the next closest pay period. Vacation All Executive employees shall accrue vacation leave in accordance with the following: a. Employees having less than five (5) years service with the City: 3.6923 hours on a biweekly basis for time actually worked. b. Employees having more than five (5) years service but less than ten (10) years service with the City 4.6154 hours on a biweekly basis for time actually worked. c. Employees having more than ten (10) years but less than fifteen (15) years service with the City: 5.5385 hours on a biweekly basis for time actually worked. d. Employees having more than fifteen (15) years but less than twenty (20) years service with the City: 6.4615 hours on a biweekly basis for time actually worked. e. Employees having over twenty (20) years service with the City: 7.3846 hours on a biweekly basis for time actually worked. Employees will be entitled to utilize accrued vacation leave after completion of six (6) months continuous employment with the City. Bereavement Leave Each Executive employee shall receive the equivalent of three (3) working days per incident, as needed, for a death in his or her immediate family. Immediately family shall mean and include only the employee's spouse, children, step -children, parents, spouse's parents, grandparents, spouse's grandparents, brothers and sisters. Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave for bereavement be provided. Administrative Leave Effective July 1, 2004, each Executive employee shall receive a maximum of seventy-two (72) hours of administrative leave with pay each fiscal year. Unused time at the end of each fiscal year, June 30, will be paid during the following month of July with said time being calculated at their then straight time hourly rate. Resolution 2015-081 Page 7 All Executive employees are currently working on an alternate work schedule of four (4) days, ten (10) hours. While assigned to such work schedule, the following days shall be observed as holidays: January 1St, the third Monday in February; the last Monday in May; July 4th; the first Monday in September; November 11th; the fourth Thursday in November; December 24th; December 25th; and such other days as may be designated as holidays by motion of the City Council. If any of the foregoing holidays falls on a Friday and/or Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. Floating. Holidays For each Executive employee working the 4/10 plan such employee will receive two (2) ten (10) hour days of floating leave, for a total of 20 hours. At the beginning of each calendar year, the City will determine how many of the set holidays fall on a Friday and/or Saturday. An employee will be credited with an equivalent number of hours of holiday time ("Holiday Bank"). Each affected employee will also be credited with the above floating holidays. For Executive Employees working the four (4) day, ten (10) hour alternate work schedule, the holiday bank will be calculated at ten (10) hours per holiday. Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank time. Each January 1, such excess hours will be removed form the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid no later than June 30 of the same year. If an employee separates employment from the City, and has used holiday bank time prior to the occurrence of the actual holiday, he/she will have his/her vacation bank, administrative leave and/or final paycheck reduced to reflect the excess holiday bank time used. If an employee separates employment from the City, and has not used any eligible accrued holiday bank time, he/she will be paid for such eligible holiday bank time at his/her straight time rate. Compensation for accrued Leave Time Resolution 2015-081 Page 8 Notwithstanding the maximum accruals established for vacation, administrative leave and holiday bank, Executive employees may accrue up to a maximum of three (3) months of additional paid leave time composed of a combination of vacation, administrative leave and/or holiday bank time. UNCLASSIFIED MANAGERS' BENEFITS MATRIX Cost of Livinq Adiustments Resolution 2015-081 Page 9 The following unadjusted base salary increases shall be provided to all Executive Employees: e) Retro -active to the first payroll period commencing on or after July 1, 2014 — 1% D Effective the first payroll period commencing on or after January 1, 2015 — 2% g) Effective the first payroll period commencing on or after July 1, 2015 — 2% h) Effective the first payroll period commencing on or after July 1, 2016 — 2% Insurances/;�u ler gntal e P yrnents Benefits Plan Effective during the payroll period commencing January 2, 2005, the City will contribute to each employee a sum not to exceed the following towards benefits as detailed in this section. January 2, 2005 through July 2, 2005 $750.00/month July 3, 2005 through July 1, 2006 $800.00/month July 2, 2006 through June 30, 2007 $900.00/month July 1, 2007 $950.00/month The employee is required to maintain a minimum coverage for himself/herself in a plan of their choice unless the employee can show proof they have adequate health insurance coverage through another source. In instances where the employee's medical insurance premium is less than the City's monthly contribution, such employee will have an option to have the excess monies placed toward an existing benefit program. These options include: 6. Placement in a City provided health insurance plan for self, two (2) party or family coverage. 7. Placement in a City provided dental insurance plan for self, two (2) party or family coverage. 8. Placement spread over a combination of the options listed above. 9. Elect to receive any excess monies in cash, which will be considered as taxable income, or % Elect to place the excess cash monies in a City provided deferred compensation program. Resolution 2015-081 Page 10 \/icinn Plan The City will provide a vision plan to all affected employees, and will contribute up to a maximum premium cost of $32.12 per month. If the premium exceeds the amount, then the employee shall be responsible to pay the difference in excess of $32.12 Life Insurance The City will provide term life insurance in the face amount of $50,000.00 effective January 1, 2005. The City will provide a supplemental life insurance program to enable employees to purchase additional life insurance at the employee's cost and no contribution from the City. Dental Plan Enhancement Effective June 1, 1993, the City will provide for the dental plan enhancement of orthodontics to the "Reimbursable Plan Choice" of the City's dual choice dental plan. Additional cost for this enhancement will be paid for by the City. Those affected individuals currently enrolled in the "Pre -paid Plan Choice" presently receive this benefit. The City will provide each employee with long-term disability insurance coverage as set forth in the plan on file in the Human Resources Office. Effective June 1, 1993, affected employees will be eligible to receive benefits commencing on the 31St day of non -work related injury or illness, and employees will be eligible to receive a maximum benefit of 66 2/3% of their current base salary up to a maximum of $5,000 per month. Retirement The City will pay 100% of the employer's contribution to the CalPERS retirement program and provide retirement benefits as currently specified under the City's contract with the California Public Employees Retirement System. Effective July 1, 2005, the City will amend the City's contract with the Public Employee's Retirement System (PERS) to provide benefits at the 2.7% at 55 formula for the Local Miscellaneous Employees and to incorporate employee shared participation towards the contribution of said retirement benefit. The employee shared participation of contributions shall be implemented as follows: On July 1, 2005 — employees will pay 100% of the 6.766% increase to normal cost (difference between 2% @55 and 2.7% @ 55 retirement formulas) of their base salary. The employee's cost will be reflected after the pay period ending date of July 2, 2005. On July 1, 2006 — employees will pay 5% and the City will pay 1.766% increase to normal cost (difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of their base Resolution 2015-081 Page 11 salary. The employee's cost will be reflected after the pay period ending date of July 1, 2006. On June 30, 2007 — Employee's will pay 3% and the City will pay 3.766% increase to normal cost (difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of their base salary. The employee's cost will be reflected after the pay period ending date of June 30, 2007. All such employee contributions shall be deposited in the member's retirement account. The City will continue to pay the current employee's contribution of seven (7%) of the employee's base salary to the Public Employees' Retirement System in addition to the allocated percentage for the increase to normal cost (difference between2% @ 55 and 2.7% @ 55 retirement formulas) Effective as soon as reasonably practical and consistent with CalPERS documentary requirements, the City shall amend its contract with CaIPERS consistent with unit employees agreeing to pay an additional 5% towards the 8% of the member contribution in exchange for an offset wage IIJIMMMUIWA Effective July 5, 2005, the City agrees to increase the bilingual pay amount from seventy- five dollars ($75.00) to one hundred dollars ($100.00) per month to a person who is capable of speaking, reading, writing and/or interpreting the language of Spanish, Chinese, Japanese, Vietnamese, Tagalog and Signing. Qualifying tests established by the City shall make determination of capability. Re -testing of individuals will be required to determine bilingual capability in the above stated languages. Only those individuals who score at the level of "Good" or better will be eligible for Bi -lingual pay. Effective July 4, 2004, the City agrees to implement a monthly cellular telephone allowance of $40.00 per month. Attendance and Leaves Sick Leave The general policy for sick leave will be as set forth, for all full-time employees, in Section 11.4 of the Personnel Rules. Sick leave will accrue at the rate of 3.6923 hours on a biweekly basis and shall be debited on an hourly basis. Each eligible employee shall elect his/her maximum sick leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at a higher level than their Resolution 2015-081 Page 12 closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee will be irrevocable. Once the election is made by the employee, such excess hours will be removed from the employee's sick leave hours accrual, calculated at their then straight time hourly rate and placed into a sick leave hours bank to be paid at no less than 50% of the total value nor more than 75% of the total value, with the timing and method of payment to be determined by the City. When an employee's service with the City is terminated for any reason, no compensation shall be paid for the unused sick leave. Annual Sick Leave Incentive — Sick leave shall accrue on hourly basis of eight (8) hours per month and shall be debited on an hourly usage basis. Each January 1, eligible employees will commence to accrue sick leave hours above their prior elected sick leave hours bank (300, 600 or 900). At the close of the calendar year, each eligible employee will receive 50% of the unused portion of sick leave hours as compensation, calculated at their then straight time hourly rate. Payment will be made at the next closest pay period. Bereavement Leave Each classification represented by the Association shall receive the equivalent of their workweek per incident, as needed, for a death in their immediate family. Immediate family shall mean and include only the employee's spouse, children, stepchildren, foster children, grandchildren, parents, grandparents, brothers, sisters, State Registered Domestic Partner and spouse's Parents and spouse's grandparents. Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave for bereavement is provided. Vacation Employees will be entitled to utilize accrued vacation leave after completion of six (6) months continuous employment with the City. Employees may be eligible to utilize accrued vacation leave at an earlier time, upon written request to and approval of their department head. The times during which an employee may take his/her vacation leave shall be determined by the department head with due regard for the wishes of the employee and for the needs of the service. Employees shall, each calendar year, be required to take a minimum of forty (40) consecutive hours vacation leave. In addition, an employee may, with approval of the appointing authority, use vacation leave in lesser increments during the calendar year. Employees may accumulate up to a maximum of two (2) vacation periods in any one calendar year for the purpose of a vacation leave. A vacation period is defined as the maximum amount of vacation leave accrued by an employee in any calendar year, in accordance with Subsections (a), (b), (c), (d) and (e), as stated below. Resolution 2015-081 Page 13 f. Employees having less than five (5) years of employment (vacation accrual = 96 hours per year) the maximum amount of vacation that may be accumulated shall be 192 hours. g. Employees having more than five (5) years service but less than ten (10) years of employment (vacation accrual = 120 hours per year), the maximum amount of vacation that may be accumulated shall be 240 hours. h. Employees having more than ten (10) years but less than fifteen (15) years of employment (vacation accrual = 144 hours per year), the maximum amount of vacation that may be accumulated shall be 288 hours. L Employees having more than fifteen (15) years but less than twenty (20) years of employment (vacation accrual = 168 hours per year), the maximum amount of vacation that may be accumulated shall be 336 hours. j. Employees having over twenty (20) years of employment (vacation accrual — 192 hours per year). The maximum amount of vacation that may be accumulated shall be 384 hours. If the employee, because of business necessity, is not able to utilize excess accrued vacation hours, upon written request to, and approval of the Department Head, an employee will be given an extension in order to take his/her vacation. In cases where the employee forfeits vacation leave time at the request of the City, upon approval of the Chief Executive Officer or designated representative(s), said employee shall be compensated for forfeited vacation leave time at the employee's current rate of pay. It is the employee's responsibility to schedule vacation time well in advance to avoid forfeiting his/her vacation or to avoid any conflicts. Employees will be entitled to utilize accrued vacation leave after completion of (6) months continuous employment with the City. Employees may be eligible to utilize accrued vacation leave at an earlier time, upon written request to and approval of their department head. The times during which an employee may take his/her vacation leave shall be determined by the appointing authority with due regard for the wishes of the employee and for the needs of the service. Employees will be notified on a quarterly basis of their current and potential maximum vacation hours accrual for the calendar year to assist them in the reduction of excess accrued vacation hours. In the event a legal holiday falls during a vacation leave, such holiday shall not be charged as vacation leave, and the vacation leave shall be extended or accredited accordingly. Employees who separate from the service of the City shall be eligible to receive compensation for all unused, accrued vacation leave. Administrative Leave Effective July 1, 2004 each employee shall receive a administrative leave with pay each fiscal year. The use reasonable discretion of the employee Resolution 2015-081 Page 14 maximum of fifty (50) hours of of such leave shall be at the Unused time at the end of each fiscal year, June 30, will be paid during the following month of July with said time being calculated at their then straight time hourly rate. For employees working a 4/10 plan, the following days shall be observed as holidays: January 1St, the third Monday in February; the last Monday in May; July 4th; the first Monday in September; November 11th; the fourth Thursday in November; December 24th; December 25th; and such other days as may be designated as holidays by motion of the City Council. If any of the foregoing holidays falls on a Friday and/or Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. Floating Holidays Employees working a 4/10 plan will receive two (2) ten (10) hour days of floating leave, for a total of twenty (20) hours. Holidav Bank, At the beginning of each calendar year, the City will determine how many of the set holidays fall on a Friday and/or Saturday. An employee will be credited with an equivalent number of hours of holiday time ("holiday bank"). Each affected employee will also be credited with the above floating holidays. The actual date for the use of such leave shall be subject to the approval of the Chief Executive Officer. This holiday bank leave can be used in hourly increments and combined with other leave. Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank time. If an employee, because of business necessity, is not able to utilize accrued holiday bank hours, upon written request to, and approval of the Chief Executive Officer, the employee will be paid for any excess hours over his/her maximum holiday bank hours accrual. Each January 1, such excess hours will be removed from the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid not later than June 30 of the same year. If an employee separates employment from the City, and has used holiday bank time prior to the occurrence of the actual holiday, he/she will have his/her vacation bank, administrative leave and/or final paycheck reduced to reflect the excess holiday bank time used. Resolution 2015-081 Page 15 If an employee separates employment from the City, and has not used any eligible accrued holiday bank time, he/she will be paid for such eligible holiday bank time at his/her straight time rate. ITEM NO. 16 STAFF REPORT TO: honorable M2 �)r and City Cou.ncllmembers FROM: M Ichael Tay i-, lief of'' : "ollcc DATE: July 1.5, 2015 SUBJECT: RENEWAL OF AGREEMENT WITH ALL CITY MANAGEMENT SERVICES FOR PROVIDING SCHOOL CROSSING GUARD SERVICES FOR FISCAL YEAR 2015/2016 SUMMARY This report seeks City Council approval for the police department to continue a contractual agreement, with the listed amendment, with All City Management Services (ACMS). The agreement is for the continued administration of school crossing guard services. FISCAL IMPACT Due to State -mandated minimum wage increases, there will be an increased negative impact to the general fund of $9,828.00 to meet the new contract price of $181,332.00. However, funding for this agreement has already been included in the FY 15/16 budget. This line item is in Cost Center 100.30.350.51100.13200.2. RECOMMENDATION Staff recommends City Council: Approve the FY 15/16 contract with ACMS for crossing guard services. 2. Authorize the Mayor to execute the agreement to continue contract services with ACMS. BACKGROUND The City of Baldwin Park has been receiving crossing guard services through ACMS since FY 2005-2006, pursuant to an original agreement between the parties and amendments thereto. The current amended contract expires on June 30, 2015. ACMS has maintained a high level of service based on staff interaction with school district staff, parents, the crossing guard supervisor, and crossing guards. Staff has also observed crossing guards on duty. The amendment to the agreement is an increase of hourly wage from $15.88 per hour to $16.79 per hour for guard service provided for the fifteen (15) locations, as determined by the Police Department. In their proposed amendment, ACMS writes that the increase is due to the increases to the California Minimum Wage effective July 1, 2014 with an additional increase mandated by statute effective January 1, 2016. Further, statute requires employers to begin providing the benefit of sick time hours to part time employees at the rate of one hour of sick time for every thirty hours worked. This is a new, additional cost. The cost of providing this service is not to exceed $181,332.00 for the term of the agreement. This agreement will expire on June 30, 2016. For reference the last three fiscal year crossing guard service amounts are listed. 2012-13- $146,489.91 Crossing Guard Service Contract Proposed Renewal May 22, 2015 Page 2 2013-14- $147,204.00 2014-15- $171,504.00 LEGAL REVIEW Previous contracts with ACMS similar to the proposed attached contract, except for the proposed increased cost, have been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES City administers crossing guard service internally. The City administered crossing guard service internally through the Police Department for many years before contracting with ACMS. This decision to contract with ACMS eliminated a burdensome task from the Traffic and Patrol Bureaus, which were staffed much more robustly than today. Administering the employment and service of twenty guards drew Traffic Bureau personnel away from their primary duties for significant amounts of time. The lead Parking Enforcement Officer was tasked with the majority of the administrative work involved with training, hiring and scheduling. In 2005, she completed a study of the amount of time involved; it ranged from 8 hours to 90 hours per month, with an average of 34.8 hours per month dedicated to administering crossing guards. In addition to Parking Enforcement Officers and Police Cadets, Police Officers were also tasked with crossing guard duty on a regular basis when guard coverage was hampered by sick calls - common on rainy days - or vacancies in employment, which often occurred with short notice. Cadets spent an average of 50 hours per year performing crossing guard service, and Police Officers spent an average of 30 hours per year similarly. The decision to contract crossing guard services to our private contractor was made in order to eliminate the use of these personnel for crossing guard duty as well as the inordinate amount of time spent in-house administering crossing guard hiring, training and scheduling, and it has been a fiscally viable solution to these problems. Outsourcing crossing guard services is a common practice. ACMS is the only professional provider of service in our area. The following San Gabriel Valley cities contract services from ACMS: Arcadia, Azusa, Baldwin Park, Covina, Diamond Bar, El Monte, Glendora, Pasadena, Rosemead, San Gabriel, San Marino, Temple City, Upland, Walnut, and West Covina. Overall, ACMS contracts to 110 Southern California agencies, as well as many others throughout the United States. ATTACHMENTS Amendment to agreement with ACMS for crossing guard services (two copies). 0 March 13, 2015 J�U[L C"T'lTr Y RUIN), b�1111V"' - "V111"IT-311 " M E') Lt. Chris Hofford City of Baldwin Park I *D M re RM M swMimn I of It is once again the time of the year when many agencies are f6imulating their budgets for the coming fiscal year. Toward that end, please allow this letter to serve as confirmation of our interest in extending our agreement for Crossing Guard services with the City of Baldwin Park for the 2015-2016 fiscal year. As you may know for the second consecutive year the minimum wage rate will increase another $1.00 per hour. Effective January 1, 2016 the California Minimum Wage rate will increase to $ 10. 00 per hour. Additionally, in 2014 the California Assembly passed and the Governor approved Bill A No.1522 which enacts the Healthy Workplaces, Healthy Families Act of 2014. This I mandates among other things that all part-time employees are now entitled to be paid or accr sick -time time. Per this mandate effective July 1, 2015, Crossing Guards will accrue sick time a rate of 1 hour for every 30 hours worked. As this is a new benefit for all part-time employees will I obviously impact our hourly pricing. The bottom line is that this year we must again appeal for an increase. This year we must requesi an increase in our pricing to simply keep pace with these costs. Our proposed adjustment will increase your hourly rate to $16.79 per hour. If this price is acceptable we would agree to a tqt -ieeze st i-tere,9-ses- To facilitate the calculation of the program cost for your Crossing Guard program, we have included a Client Worksheet. This worksheet is our estimation of the projected hours and cost of your program as it is currently staffed. We remain committed to providing a safe, cost-effective and professional School Crossing Guard Program. If you have any questions or need additional information please contact me at (800) 540-9290. Take care. Sincerel.y­ I A/ a we neral Manager l" 1.0440 Pioneer Blvd, Ste, #5, Santa Fe Springs, CA 90670. 3 1 0.2,Cp2 8284. - 300...540- 290 - FAX 310 202 3325 Lt. Chris Hofford City of Baldwin Park 14403 East Pacific Aven Baldwin Park, CA 9170 Re: Pricing for 2015-2016 Fiscal Year Enclosed you will find two (2) original copies of the Amendment to the Agreement between All City Management Services, Inc. and the City of Baldwin Park. After the necessary signatures have been affixed, please send back an original copy for our records. If you have any questions, please feel free to give me a call at (800) 540-92W . ............... Depict a Farwell Corporate Secretary Administrative Services Manager WST4 nomm 10440 P oc iecj' Jilvd.,134e, 115, Saj-uIA Fe Sprirugs, ("A 90670 * 310 2(D2...8284 - 800- 40 9290 - FAX 310 202-8325 4 U I Lgo LTA F1 Ma7z] FRE] i Wepartment: 7605 Billing Rate for 2015/2016: $16.79 City of Baldwin Park 14403 E. Pacific Ave. tal4w/it Park, CA 9170k KEY: Traditional Calendar: For sites with no regularly scheduled early release days, use 180 regular days For sites with one regularly scheduled early release day/week, use 144 regular days and 36 minimum days Summer School For schools with Summer School sessions use 19 days Sites with traditional calendar: U. �Lt Summer School Sites Total Hrs/day X days/yr X Hourly Billing Rate ''I'll . . ...... . .... No estimate for Summer School based on 2014/2015 TOTAL PROJECTED HOURS 10800 TOTAL ANNUAL PROJECTED COST $181,332.00 11 1 �a I _ N 1 lt�c uJO,�-�;� ��a�CMw °�.� O� aliA � ��N11 a Amendment to Agreement between 40DAII City Management Services, Inc. and the City of Baldwin Park for providing School Crossing Guard Services The City of Baldwin Park hereinafter referred to as the "City", and All City Management Services, Inc., located at 10440 Pioneer Blvd. Suite 5, Santa Fe Springs, CA 90670, hereinafter referred to as the "Contractor", mutually again agree to amend, as follows, the existing Agreement entered into on September 21,2005, which has been amended each year since that date and is hereinafter referred to as the "Amended Agreement": rWm#1 The City and the Contractor agree to extend the term of the Amended Agreement for the 2015 - 2016 fiscal year beginning July 1, 2015 thru June 30, 2016. Itan #16 The City agrees to pay the Contractor for services satisfactorily rendered pursuant to the Amended Agreement the sum of Sixteen Dollars and Seventy -Nine Cents, ($16.79) per hour for guard service provided for the term of the Amended Agreement described in item #1, above. It is understood the cost of providing Ten Thousand, Eight Hundred (10,800) hours of service shall not exceed One Hundred and Eighty -One Thousand, Three Hundred and Thirty -Two Dollars, ($181,332.00) for the term of the Amended Agreement described in item #1, above. The Contractor will invoice the City for services bi-weekly. Except as provided for in Item #1 and Item #16, above, all other terms and conditions of the Amended Agreement between the City and the Contractor remain in effect. City of Baldwin Park Icy._. ..... Signature ............................Print Name ..........�.� .�....-.�.. and Title Date By. .................... Signature Print Name and Title Date qBo y Manag ent Services, Inc B�..�.�s_ rwell, General Manager Date. Marcie 18 Dernetra Farrll, Corporate Secretary Date: �_ March 2015 a The City of Baldwin Park hereinafter referred to as the "City", and All City Management Services, Inc., located at 10440 Pioneer Blvd. Suite 5, Santa Fe Springs, CA 90670, hereinafter referred to as the "Contractor", mutually again agree to amend, as follows, the existing Agreement entered into on September 21,2005, which has been amended each year since that date and is hereinafter referred to as the "Amended Agreement": Item#1 The City and the Contractor agree to extend the term of the Amended Agreement for the 2015 - 2016 fiscal year beginning July 1, 2015 thru June 30, 2016. Item #16 The City agrees to pay the Contractor for services satisfactorily rendered pursuant to the Amended Agreement the sum of Sixteen Dollars and Seventy -Nine Cents, ($16.79) per hour for guard service provided for the term of the Amended Agreement described in item #1, above. It is understood the cost of providing Ten Thousand, Eight Hundred (10,800) hours of service shall not exceed One Hundred and Eighty -One Thousand, Three Hundred and Thirty -Two Dollars, ($181,332.00) for the term of the Amended Agreement described in item #1, above. The Contractor will invoice the City for services bi-weekly. Except as provided for in Item #1 and Item #16, above, all other terms and conditions of the Amended Agreement between the City and the Contractor remain in effect. City of Baldwin Park By.._..._._..... Signature Date Vi Date Iity Managent Services, Inc arwell, General Manager _ Date: March 18 2015 Print Name and mTitle ....w try C emetr Fai ll, Corporate Secretary _... Signature Date: 18 201„5 w._......... Print Name and Title ITEM NO. STAFF REPORT_Ali pttti TO: Honorable Mayor and City Councilmembers � HUB OF'',Am L. Harbin AICP Ci l�la�°�� +�-� p ent Dirc�� t,a�...� ., FROM: Marc Casta nola AICP Commune I e" o N� • �W:q"�.9"a�A4��IEL. Y City �, `VALLEY DATE: July 15, 2015 SUBJECT: City Council approval of the Community Development Department's partnership with The California Center for Public Health Advocacy (CCPHA) on a grant application from the American Planning Association (APA) in collaboration with the American Public Health Association (APHA). SUMMARY This report requests City Council approval of the Community Development Department's partnership with California Center of Public Advocacy (CCPHA) on a grant application which, if awarded, would allow CCPHA and the City to implement the Health Corner Market Program. FISCAL IMPACT There is no fiscal impact associated with this item at this time. RECOMMENDATION Staffs recommends that the City Council approve the City's partnership with California Center for Public health Advocacy on a grant application for funding from the American Planning association with the American Public Health Association. BACKGROUND/DISCUSSION The American Planning Association (APA), in partnership with the American Public Health Association (APHA) and P1an4Health, has received an award from the Centers of Disease Control and Prevention (CDC) as part of the National Dissemination and Implementation program within the Division of Community Health. These funds have allowed APA to bring support to local coalitions in efforts to reduce chronic disease in communities across the United States, and represent a new APA initiative to offer monetary resources to promote public health. The purpose of this funding opportunity is to advance community-based strategies providing for equitable access to opportunities for physical activity and to nutritious food and beverages. Each proposal must address one (or both) of the following determinants of chronic disease: • Inactivity: Increase opportunities for physical activity • Unhealthy diet: Improve access to nutritious food and beverages CCPHA proposes to address each of the above outlined determinants in partnership with the City of Baldwin Park and Baldwin Park Unified School District. A partnership with the City of Baldwin Park will address access to nutritious food and beverages by using grant funds to support the implementation phase of the Healthy Corner Market policy adopted by the Baldwin Park City Council in 2014. This grant will continue the work done under a Community Transportation Grant (CTG) the City received which ended in 2013. If the grant application is approved, the commitment by City staff will include training Baldwin Park Resident Advisory Committee (BPRAC) leaders to act as liaisons between the City and corner market owners/managers CCPHA Grant Proposal July 15, 2015 Page 2 to either continue participating in the Healthy Corner Market program or recruit new participating markets to increase the number of markets providing healthy food and beverage options in local neighborhoods. Additionally, City staff will provide ongoing guidance to the resident liaisons to ensure quality of messaging and support the liaisons will provide to market owners/managers. Finally, City staff will provide training on an as needed basis to market owners/managers which will focus on policy outlined requirements that must be met to be considered a Baldwin Park Healthy Corner Market. In addition, health equity and improving opportunities for living a healthy life are central to the goals of this project. As the proposal takes shape, with health equity in mind; the use of health needs assessment and built environment and health data will also be key components of project development and implementation. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES The alternative would be to deny this request and as a result the City would be unable to implement the work under the prior grant which ended in 2013. C:\Amy\AMY\WORD\Reports\Council Reports\APA Grant Application 7-2015.cloc s'rAFF'REPORT �. TO: FROM: AN,,' A KIEL AL EY,7 DATE: SUBJECT: SUMMARY ITEM NO. The Honorable Mayor and Members of the City Council Maria Contreras, City Treasurer Terry Shea, Interim Director of Finance - July 15, 2015 APPROVAL OF ANNUAL STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2015/16 The City is required by the California Government Code to submit annually the Investment Policy for current fiscal year. Attached is the Investment Policy for Fiscal Year 2015/16. There are no changes in authorized investments or portfolio make-up from the previous investment policy. FISCAL IMPACT None RECOMMENDATION That the City Council receive and file the attached Statement of Investment Policy for Fiscal Year 2015-2016. ALTERNATIVES None. Current State Law mandates the City Council to review and adopt a Statement of Investment Policy annually. LEGAL REVIEW None Required Statement of Investment Policy Staff Report Page 2 BACKGROUND The State of California Government Code requires each local entity adopt an Annual Statement of Investment Policy. California Government Code Section 53600 et seq. allows a local agency having cash that is not required for the immediate use of the agency, to invest such portion of the money as it deems wise or expedient in certain types of investments. As reported in the monthly Treasurer's Report, the City of Baldwin Park has investments with the State Local Agency Investment Fund (LAIF). With the current investment situation, rates are very low, so LAIF provides the most security and liquidity without any real loss of interest. The Statement of Investment Policy is reviewed annually to include any new guidelines or legislation concerning the investing of City funds. The City's cash management system is designed to forecast immediate cash requirements and invest surplus monies to the fullest extent while still considering safety and liquidity. Staff makes investment decisions with care, skill, prudence and diligence under the current prevailing circumstances. It acts in accordance under the prevailing prudent person rule of a person in like capacity (Civil Code Section 2261, et seq) and will also only make those investments allowable under State of California Government Code Section 53600 et seq and the City adopted Statement of Investment Policy. The City's Policy is in compliance with the Government Code. The criteria for selecting investments in their order of priority are (1) safety, (2) liquidity, and (3) yield. Attachment: Annual Statement of Investment Policy CITY OF BALDWIN PARK STATEMENT OF INVESTMENT POLICY FISCAL YEAR 2015/16 A. PURPOSE The Investment Policy establishes guidelines for the investment of the City's surplus cash that is not required to meet the daily cash obligations of the City. The Investment Policy outlines the investment objectives and the allowable investments in accordance with applicable laws of the State of California. B. SCOPE 1. The Investment Policy applies to all financial assets of the City as included in the Comprehensive Annual Financial Report. 2. The Investment Policy applies to activities of the City with regard to investing surplus cash of all funds, including: a. General Fund b. Housing Authority c. Successor Agency d. Financing Authority e. Special Revenue Funds f. Internal Service Funds g. Trust & Agency Funds C. DELEGATION OF AUTHORITY The City Council has appointed the City's elected Treasurer to be responsible for surplus cash management and investment decisions and transactions. Daily cash management responsibility has been delegated to the City's Department of Finance. The Director of Finance and the Assistant Accounting Manager shall ensure compliance with the City's investment policy. All investment transactions will be approved by either the City Treasurer or the Director of Finance. D. OBJECTIVES The primary objectives, in order of priority, of the City of Baldwin Park's Investment activities are safety, liquidity and yield. The criteria for each are discussed below. Page 1 City of Baldwin Park Statement of Investment Policy Fiscal Year 2015-2016 1. SAFETY: The safety and risk associated with an investment, refers to the potential loss of principal or interest or a combination of these two amounts. Safety of principal is the primary objective and only those investments considered to be very safe will be utilized by the City of Baldwin Park. The City shall seek to ensure that capital losses resulting from securities default or the erosion of market value are avoided. 2. LNC I!DIT :_ This refers to the ability to "cash in" at any moment in time with minimal chance of losing a portion of the principal or interest. Liquidity shall remain sufficient to enable the City of Baldwin Park to meet anticipated operating needs a hold any investments to maturity. 3. YIELD: Yield is the potential dollar earnings an investment can provide; this is also described as the rate of return or "interest". The City's investment portfolio shall be managed to obtain market rates of interest while preserving and protecting capital in the overall portfolio. E. ETHICS AND CONFLICTS OF INTEREST Officials and employees involved in the investment process shall refrain from all personal business activity that could conflict with the management of the investment program, or impairs their ability to make impartial investment decisions. All individuals involved shall disclose all gifts and income in accordance with California State Law. F. STRATEGIES 1. The City shall maintain a cash management system which accurately monitors and forecasts revenues and expenditures enabling the City to invest surplus cash to the fullest extent possible. 2. The City shall apply the prudent investor standard in the context of managing the overall portfolio. When making investment decisions, the City shall act with care, skill, prudence and diligence under circumstances then prevailing, including but not limited to, the general economic conditions and the anticipated needs of the City. The City would use the standard that a prudent person acting in a like capacity and familiarity with those matter would use in the conduct of funds of like character and with like aims, to safeguard the principal while maintaining the appropriate liquidity. 3. The City shall manage the investment portfolio with a buy -and -hold strategy rather than seek optional returns through such techniques as swaps. The buy -and -hold strategy ensures the return of all invested principal monies. The latter approach would require an allocation of resources, the cost of which may be greater than the benefit realized. Page 2 City of Baldwin Park Statement of Investment Policy Fiscal Year 2015-2016 G. INVESTMENT PORTFOLIO 1. The City is authorized to invest in certain types of securities in accordance with California Government Code Section 53601 et. seq. and 53635 et. seq. Authorized investments shall also include investments with the Local Agency Investment Fund (LAIF) in accordance with the California Government Code Section 16429.1. The City has further limited the types of securities in which the City may invest. Only those securities listed in the Investment Policy are authorized investments. The following are authorized investments for the City: Per Government Code Section 53601 Max Allowable Max Max Investment Allowable Allowable Percentagge Maturit Maturi • US Treasury Obligations Unlimited 365 days N/A (Bills, Notes and Bonds) • U.S. Agency Securities and Instrumentalities Unlimited 365 days N/A of Government Sponsored Corporations • Negotiable Certificates of Deposits (CDs) issued by 30% 365 days N/A A chartered bank or federal savings and loan • Time Deposits —Collateralized Unlimited 365 days $500,000 • Time Deposits — Uncollateralized Unlimited 365 days $100,000 • Bankers Acceptance 40% 180 days 30% • Repurchase Agreements Unlimited 180 days N/A • Commercial Paper rated A-1 by Standard and 30% 180 days 10% Poor's Corporation or P-1 by Moody's Investors Services Inc. • State of California Local Agency Investment Fund Unlimited N/A $40,000,000 (LAIF) 2. Money market mutual funds managed for or by the trustees, paying agents and custodian banks contracted by the City may be purchased as allowed under the California Government Code. Only funds holding U.S. Treasury or Agency obligations can be utilized. 3. No investment shall be made in any security underlying a repurchase agreement, other than a security with a term remaining to maturity in excess of five years. 4. No investment shall be made in any security that could result in zero interest accrual if held to maturity. These include inverse floaters, range notes, or mortgage derived interest -only strips. City of Baldwin Park Statement of Investment Policy Fiscal Year 2015-2016 H. SAFEKEEPING AND COLLATERALIZATION Securities purchased from a broker or dealer shall be held in third party safekeeping by the trust department of the City's bank or other designated third party trust, in the City's name and control. All securities will be received and delivered using standard delivery -versus -payment procedure. Deposit -type securities (i.e. certificates of deposit) shall be collateralized in accordance with the State of California Government Code. I. REPORTING REQUIREMENTS The City Council will be provided a monthly Treasurer's Report approximately 45 days following the end of the month. Data for investments will include: purchase and maturity dates, PAR values, current principal, premium or discount, interest rate, description, book value, and market value. Cash in the bank will be reported by entity at the amount on the monthly bank statements. J. INVESTMENT POLICY The City Council will be provided an annual Statement of Investment Policy for their approval during the first quarter of the fiscal year. K. QUALIFIED BROKER/DEALERS The City shall only conduct investment transactions with banks, savings and loans or with licensed broker/dealers. L. INVESTMENT EARNINGS Investment earnings from authorized investments are allocated quarterly to various funds based on their month end balances of the pooled portfolio. sm ITEM NO. / / STAFF REPORT DGABRE,L TO: Honorable Mayor and Members of the Cit Coun it 010* IV. FROM: Daniel Wall, Director of Public Works -SADATE: JUIy 15, 2015Y SUBJECT: PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2015- 076, ORDERING THE ASSESSMENTS FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY2015-2016 SUMMARY The purpose of this report is to outline the required Public Hearing and subsequent adoption of a resolution ordering the annual levy and collection of assessments related to the Citywide Park Maintenance Assessment District for FY2015-2016. FISCAL IMPACT The District's anticipated revenue and expenditures are summarized in the following table: FY 2015-2016 Beginning Fund Balance (July 1, 2015) $0 Estimated Revenues Proposed PMD Revenue, FY 2015-2016 $696,200 City Contribution - General Fund, FY 2015-2016 $175,800 Total Estimated Funds Available, FY 2015-2016 $872,000 Projected Expenditures Park Maintenance and Operation $872,000 OH & Transfers In/Out $0 Total Projected Expenditures, FY 2015-2016 $872,000 Pro"ected Ending Fund Balance June 80, 2016 $0 PMD revenue for FY2015-2016 is anticipated to be $690,200 from assessments and another $175,800 from a General Fund Transfer. The total available funds are $872,000 which matched the estimated District cost for FY2015-2016. The $175,800 General Fund Transfer is needed to cover the District shortfall and is included in the draft FY2015-2016 Budget. RECOMMENDATION It is recommended that the City Council. Hold a Public Hearing, and after considering testimony, waive further reading, read by title only, and adopt Resolution No. 2015-076 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE CITYWIDE PARK MAINTENANCE DISTRICT FY2015- 2016, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS. LEGAL REVIEW Reviewed by City Attorney BACKGROUND The purpose of the Citywide Park Maintenance Assessment District (PMD) is to serve as mechanism for the financing of operations and maintenance associated with City Parks. It is recommended that the City continue these parks maintenance programs and fund them through special assessments provided by the PMD. In 1996, City of Baldwin Park property owner's approved the formation of a Park Maintenance Assessment District to financially support these programs, and the PMD's formation was established in conformance with Proposition 218 On March 18, 2015 the City Council adopted resolution No.2015-074 which approved the Engineer's Report for the PMD, declared its intent to levy and collect assessments, and set a date and time for the public hearing (July 01, 2015). The Public Hearing notice was posted as required. ATTAR"11M ENTs Resolution No. 2015-076 Engineers Report RESOLUTION NO. 2015-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2015-2016, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS WHEREAS, the City Council has previously ordered the formation of PARK MAINTENANCE ASSESSMENT DISTRICT FY 2015-2016 (hereinafter referred to as the "DISTRICT") pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972" being Part 2 of Division 15, of the California Streets and Highways Code; and WHEREAS, the City Council has adopted by Resolution No. 2015-074 approving the Engineer's Report pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code and Article XIIID of the State Constitution, declaring it's intention to order the annual levy and collection of assessments, and giving notice of the time and place for a Public Hearing on the questions of the levy of the proposed assessments; and WHEREAS, the City Council has heard all testimony and evidence, and is desirous of proceeding with the levy of annual assessments for the District. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the City Council hereby orders the maintenance work performed on the District as set forth in the Engineer's Report for FY 2015-2016, and orders the annual levy and collection of assessment of the District as shown and set forth and described in said report and declaration of intention. SECTION 3. That the adoption of this Resolution constitutes the levy of the assessments for the fiscal year commencing July 1, 2015 and ending June 30, 2016. SECTION 4. That the Los Angeles County Assessor, which collects assessments on the City's behalf, shall enter on the Assessment Roll the amount of the assessments, and said assessments shall then be collected and the net amount of the assessments shall be paid to the City Treasurer of the City of Baldwin Park. Resolution No. 2015-076 Page 2 of 2 SECTION 5. That the City Treasurer has established a special fund known as the "CITY OF BALDWIN PARK CITYWIDE PARK MAINTENANCE DISTRICT FUND" into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution. SECTION 6. That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer and a certified copy of the diagram and assessment roll filed with the Los Angeles County Assessor, together with a certified copy of this resolution upon its adoption. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 15TH day of July 2015. MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS:. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2015-076 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on July 15, 2015 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN. COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT ENGINEERYS REPORT PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972, PART 2 DIVISION 15 OF THE STREETS AND HIGHWAYS CODE, ARTICLE XIII.D. OF THE CALIFORNIA CONSTITUTION AND THE PROPOSITION 218 OMNIBUS IMPLEMENTATION ACT (GOVERNMENT CODE SECTION 53750 ET SEQ) Fiscal Year 2015-16 Pr prey" for: r A v R v Community Economic Solutions May 2015 City of Baldwin Park Citywide Park Maintenance Assessment District Page i CITY OF BALDWIN PARK ASSESSMENT ENGINEER'S REPORT CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FISCAL YEAR 2015-16 The Streets and Highways Code, Part 2, Division 15, Article 4, commencing with Section 22565, directs the preparation of the annual report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements described herein. SECTION DESCRIPTION PAGE ExecutiveSummary .......................................................................................... 1 Report. 2 Part A - Plans and Specifications for the Improvements ................................. 4 Part B - An Estimate of the Costs of the Improvements .................................. 5 Part C - A Diagram for the Assessment District ....................................... —..... 6 Part D - An Assessment of the Estimated Costs of the Improvements .......... 7 Part E — Property Owner List and Assessment Roll ...................................... 15 parkreport1516.doc Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 1 EXECUTIVE SUMMARY The purpose of the Citywide Park Maintenance Assessment District is to generate revenues for the financing of the installation, maintenance and servicing of parks and recreational improvements, and certain facilities directly in support of such improvements and programs. Based on the provisions of the Landscape and Lighting Act of 1972, Article XIII.D. of the California Constitution (Proposition 218), and the Proposition 218 Omnibus Implementation Act, Baldwin Park property owners approved the formation of a Citywide Park Maintenance Assessment District and established assessments thereof beginning in Fiscal Year 1997-98. In June 2002, the City was unable to obtain the necessary property owner approval to increase the assessment rates to cover the increased costs of park maintenance. Consequently, the General Fund has been subsidizing the differences between the actual cost and the revenue from the assessment. This report is pursuant to and in compliance with Articles XIII.0 and XIII.D of the California Constitution and the Landscaping and Lighting Act of 1972. Based on the findings in this report, the assessment roll is generated wherein each Assessor's Parcel Number in the City of Baldwin Park is identified along with the amount assessed for the Park Maintenance Assessment District for Fiscal Year 2015-16. The assessment roll is included as part of this report, but is not bound herein. For Fiscal Year 2015-16, the Citywide Park Maintenance Assessment District is proposed to generate revenue of approximately $696,200, while the cost of park maintenance is budgeted a1 $872,000. The difference of $175,800 will be covered by the City's General Fund. The City has made an effort to reduce this program's impact on the General Fund, and over the last several years the City has steadily reduced park maintenance costs. The General Fund contribution is for general benefits and is not assessed. The proposed Fiscal Year 2015-16 assessments are 0.51 % higher than last year based on the CPI adjustment allowed by the Citywide Park Maintenance Assessment District during its formation. DISTRICT FINANCIAL SUMMARY FY 2015-16 Beginning Fund Balance (July 1, 2015) Estimated Resources Assessment District Revenue + Delinquencies FY 2015-16 City Contribution - General Fund, FY 2015-16 Total Estimated Funds Available, FY 2015-16 Projected Liabilities Park Maintenance and Operation OH & Transfers In/Out Total Projected Liabilities, FY 2015-16 Ending Fund Balance (June 30, 201 $0 $696,200 $175,800 $872,000 $872,000 $0 $872,000 parkreport1516.dm Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 2 FISCAL YEAR 2015-16 CITY OF BALDWIN PARK ASSESSMENT ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE Whereas the Council of the City of Baldwin Park, California, did, pursuant to the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code of the State of California, adopt the Resolution of Initiation ordering the preparation and filing of the Assessment Engineer's Report in accordance with Chapter 1, Article 4 commencing with Section 22565. Section 22567 directs that the report shall refer to the City of Baldwin Park Citywide Park Maintenance Assessment District (the "Assessment District") by its distinctive designation, specify the fiscal year to which the report applies, and, with respect to that year, shall contain all of the following: Part A - Plans and specifications for the improvements. Part B - An estimate of the costs of the improvements. Part C - A diagram for the assessment district. Part D - An assessment of the estimated costs of the improvements. A preliminary report is then filed with the City Clerk in accordance with Section 22623 for submission to the legislative body. The legislative body may approve the report as filed, or it may modify the report and approve it as modified. Now, therefore, the following Assessment Engineer's Report is hereby submitted consisting of five (5) parts as follows: PART A: PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS This part contains the plans and specifications which are required to show and describe the existing and proposed improvements in accordance with Section 22568. The plans and specifications need not be detailed, but shall be sufficient if they show or describe the general nature, location, and extent of the improvements. If the assessment district is divided into zones, the plans and specifications shall indicate the class and type of improvements to be provided for each such zone. The Plans and specifications for the improvements listed in Part A are on file with the City Engineer. Such plans and specifications are incorporated herein by reference. PART B: AN ESTIMATE OF THE COSTS OF THE IMPROVEMENTS This part contains an estimate of the costs for maintenance of the improvements within the District for Fiscal Year 2015-16 pursuant to section 22569, including incidental costs and expenses in connection therewith. This estimate is on file with the City Engineer. The estimate of the costs of the improvements for the fiscal year shall contain estimates for all of the following: (a) The total costs for improvements to be made that year, being the total costs of constructing or installing all proposed improvements and of maintaining and servicing all existing and proposed improvements, including all incidental expenses. (b) The amount of any surplus or deficit in the improvement fund to be carried over from a previous fiscal year. (c) The amount of any contributions to be made from sources other than assessments levied pursuant to this part. parkreport1516.dcc Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 3 (d) The amount, if any, of the annual installment for the fiscal year where the legislative body has ordered an assessment for the estimated cost of any improvements to be levied and collected in annual installments. (e) The net amount to be assessed upon assessable lands within the assessment district, being the total improvement costs, as referred to in subdivision (a), increased or decreased, as the case may be, by any of the amounts referred to in subdivision (b), (c), or (d). PART C: A DIAGRAM FOR THE ASSESSMENT DISTRICT This part incorporates, by reference, the "Assessment Diagram", which is a diagram of the Assessment District showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District in accordance with Sections 22570 and 22571. The diagram for an assessment district shall show (a) the exterior boundaries of the assessment district, (b) the boundaries of any zones within the district, and (c) the lines and dimensions of each lot or parcel of land within the district. Each lot or parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to which the report applies. The Diagram has been prepared and is on file with the City Engineer. The Assessor's maps and records are incorporated by reference herein and made part of this Report. PART D: ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS This part contains an assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District in accordance with Section 22572. The assessment shall refer to the fiscal year to which it applies and shall do all of the following: (a) State the net amount, determined in accordance with Section 22569, to be assessed upon assessable lands within the assessment district, which shall include an amount sufficient to pay the principal and interest due during the fiscal year from each parcel on any bonds or notes issued pursuant to Section 22662.5. (b) Describe each assessable lot or parcel of land within the district. (c) Assess the net amount upon all assessable lots or parcels of land within the district by apportioning that amount among the several lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements. According to Section 22573, the net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL This part contains a list of the County of Los Angeles Assessor's parcel numbers, and the net amount to be assessed upon benefited lands within the Assessment District. parkreport1516.dx Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment DistrictPage 4 PART A PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS The facilities, which have been constructed within the City of Baldwin Park, and those which may be subsequently constructed, will be operated, serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS FOR THE CITY OF BALDWIN PARK CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FISCAL YEAR 2016-16 The items that may be funded through the District are defined in the Landscaping and Lighting Act of 1972 (the Act) as Improvements. The Act defines Improvements to include the installation, maintenance and servicing of several types of landscaping and park and recreational improvements and facilities as shown below. However, the District can only assess for the special benefit that can be shown to be conferred from these improvements to the properties in the District. Installation ■ The installation or planting of landscaping. ■ The installation or construction of statuary, fountains and other ornamental structures and facilities. ■ The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. ■ The installation of park or recreational improvements, including, but not limited to, land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks and drainage; lights, playground equipment, play courts and public restrooms. The acquisition of land for park, recreational or open -space purposes. The acquisition of any existing improvement otherwise authorized. Maintenance Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: Repair, removal or replacement of all or any part of any improvement. Providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury. The removal of trimmings, rubbish, debris and other solid waste. The cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicing Servicing means the furnishing of electric current, or energy, or other illuminating agent and water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any improvements. Plans and specifications of the improvements within the District are on file in the office of the City Engineer and are incorporated herein by reference. Maps showing the location of parks within the District are on file in the office of the City Clerk and incorporated herein by reference. parkreport1516.doc Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 5 PART B AN ESTIMATE OF THE COSTS OF THE IMPROVEMENTS The estimated cost of the construction, operation, servicing and maintenance of the improvements for Fiscal Year 2015-16, as described in Part A, are summarized herein and described below. All costs include administration and utilities where applicable. CITY OF BALDWIN PARK CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FY 2015-16 Budget FY 2015-16 Beginning Fund Balance (July 1, 2015) $0 Estimated Revenues Assessment Revenue FY 2014-15 $696,200 General Fund Contribution FY 2014-15 $175,800 Total Revenue $872,000 Total Estimated Funds Available, FY 2015-16 $872,000 FY 2015-16 Projected Expenditures Park Maintenance and Operation $872,000 Total Projected Expenditures, FY 2015-16 $872,000 FY 2015-16 Operating Reserve / Deficit $0 Projected Ending Fund Balance (June 30, 2016) Beginning Fund Balance $0 FY 2014-15 Revenues $872,000 FY 2014-15 Expenditures $872,000 Projected Ending Fund Balance (June 30, 2016) $0 The 1972 Act requires that a special fund be set-up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. parkreport1516.dw Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 6 PART C A DIAGRAM FOR THE ASSESSMENT DISTRICT The diagram of the Assessment District showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District is required in accordance with Sections 22570 and 22571. Each lot or parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to which the report applies. The City of Baldwin Citywide Park Maintenance Assessment District includes all parcels of land within the City's corporate boundaries. Reference is made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of all parcels within the District. A map showing the exterior boundaries of the District is on file in the City Clerk's Office and incorporated herein by reference. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles. The Assessor's maps'and records are incorporated by reference herein and made part of this report. parkreport1516.dx Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 7 PART D ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS GENERAL Section 22573 of the Landscaping and Lighting Act of 1972, being Part 2, of Division 15 the State California Streets and Highways Code, states that, "the net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." As the assessments are levied on the basis of benefit, they are not a tax, and therefore, are not governed by Article XIIIA of the California Constitution. As a result of the passage of Proposition 218 by voters on November 5, 1996, Articles XIIIC and XIIID have been added to the California Constitution. The new procedural and approval process outlined in these Articles applies to new assessment districts and increased assessments. In addition, properties owned by public agencies, such as a city, county, state or the federal government, must now be assessed by law unless it can be demonstrated that they receive no special benefit. Specifically, the assessment methodology for the Citywide Park Maintenance Assessment District will have to: Demonstrate special benefit to assessed parcels over and above the benefits conferred on the public at large: "Special benefit" means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute "special benefit'." Separate the general benefits from the special benefits conferred to parcels: "Only special benefits are assessable, and an agency must separate the general benefits from the special benefits conferred on a parcel." Determine the special benefit that should be attributed to public agency parcels within the new District boundary: "Parcels within a district that are owned or used by any agency, the State of Califomia or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that such publicly owned parcels in fact receive no special benefit." ASSESSMENT METHODOLOGY The District assessment is based on land use such that property owners are assessed in proportion to the special benefits received. The land uses defined below are descriptive of all parcels expected to exist in the City of Baldwin Park in Fiscal Year 2015-16. In the event there is a question regarding the land use designation of any parcel in the District, the City Engineer will be responsible for administratively assigning one of the land uses listed below. parkrepor11516.dcc Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 8 Land Use Code Land Use Description SFR Single family residential parcels CONDO Condominium or town home parcels MFR Multiple family residential parcels (2 dwellings or more) MH Mobile homes or Mobile Home Parks NONRES Commercial and industrial parcels INSTITUTION Institutional — Parcels owned by non-profit organizations VACANT Parcels without a building or similar structure - designated for each land use GOVT Parcels owned by a public agency EXE Parcels exempt from the assessment, because they do not benefit from park maintenance (sliver, open space, common area, railroad, or utility easement parcels) SPECIAL BENEFIT ANALYSIS Articles XIIIC and XIIID of the California Constitution require that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. The Articles provide that only special benefits are assessable. The general benefits must be separated from the special benefits conferred on a parcel, a special benefit being a particular and distinct benefit over and above general benefits conferred on the public at large, including real property within the district. The general enhancement of property value does not constitute a special benefit. The Open Space Element within the General Plan for the City of Baldwin Park notes that the City is almost completely built out, and open space is limited to existing parks, school grounds, utility rights-of-way, and water channel areas. Within the City, over 530 acres of these properties are designated as open space. Baldwin Park offers five City parks and seventeen school playgrounds for recreation. In 1996, Morgan Park underwent a 2.5 acre expansion, where a new Community Center and Senior Center were built. In 2005, Barnes Park, located in the southwest quadrant of the City, was completely renovated and a 3,300 square foot recreation center was constructed. In 2008, the 15,270 square foot Arts and Recreation facility adjacent to City Hall was completely renovated, and the Senior Center underwent a 3,500 square foot expansion to create additional meeting space, restrooms and reception area. In 2009, new playground equipment was installed in Morgan Park and in 2010 that same play area was upgraded with recreation water features and public art amenities. parkreport1516.doc Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 9 Morgan Park offers the most activities of any recreation area in the City, including boxing, horseshoes, basketball and volleyball. Morgan Park is centrally located; with the other City parks located south and west near the City's periphery. The area north of Los Angeles Street contains six elementary school sites, but no parks. About 60 percent of Baldwin Park's City park area is located south of Ramona Boulevard. Baldwin Park's recreation facilities and parks are vital to the community, especially for the high- density residential developments, which do not provide adequate play areas for their residents. Upon full build -out, it is expected that the City will have a ratio of 3 acres of parks, including school areas, for each 1,000 residents. This ratio is well within the National Recreation and Parks Association recommended standard of 2.5 acres per 1,000 residents. The majority of the City's parkland is under the control of the Baldwin Park Unified School District, with the City controlling 10 percent of the total parkland. Parks and recreational activities are managed by the City of Baldwin Park through a division of the City organization. As such, all parks administration and planning are centralized while recreational activities are conducted on a community -wide basis to take advantage of existing park facilities. This approach promotes the parks as a system or network to be used on a Citywide basis, rather than on a service radius basis which may be more common in other jurisdictions. All of the parks and recreational facilities are equally accessible to all the properties in the District. The maintenance of parks and recreational improvements provide a particular and distinct special benefit to parcels within the District. The desirability of parcels within the District is specifically enhanced by the presence of well-maintained parks and recreational facilities which are available for the use and enjoyment of residents, customers, clients, employees and visitors of the assessed parcels. The presence of properly maintained parks readily accessible to properties within the District means that the owners and visitors of the assessed parcels may enjoy the benefits of such improvements while avoiding the expense of privately installing and maintaining similar improvements. Only the parks summarized in this Report are funded through the District. The other open space areas that contribute to the open space element of the City are funded separately. The location of all the parcels in the District was found to be within 1 3/4 miles of at least one park, and 3/4 mile of at least one recreational facility in the District. Although some properties in the District are within 3/4 mile of more than one park, it was determined that residents cannot use the facilities of more than one park at one time, so the assessment rates are established at a uniform level throughout the District. In addition to providing opportunities for recreational use, the proper maintenance of park and recreational facilities improves the aesthetics of parcels within the District. Proper maintenance of landscaping reduces pollution and noise, provides for open space and the planting of otherwise barren areas, and reduces property -related crimes within the District, especially vandalism, through the removal and abatement of graffiti. The U.S. Department of the Interior, National Parks Service, in a publication of June 1984, concluded that, "An investment in parks and recreation helps reduce pollution and noise, makes communities more livable, and increases property value." All of the above benefits contribute to a specific enhancement of the quality of life and property values related to each of the assessable parcels within the District. parkreport1516.doc Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 10 In addition, the operation and maintenance of the City's parks confers a particular and distinct special benefit upon assessed parcels within the District, as follows: The proper maintenance of parks and appurtenant facilities specially benefits parcels within the District by improving the physical and visual environment and making the District area more desirable. Parcels within the District are specially benefited when public infrastructure including parks are in place, safe, clean and well maintained. The proper maintenance of parks by the District provides increased District -wide attractiveness to prospective buyers. The desirability of parcels within the District is specifically enhanced by the presence of well-maintained parks which are available for the use and enjoyment of the property owners and the visitors of the assessed parcels. Having properly maintained parks readily accessible to properties within the District means that the owners and visitors of the assessed parcels may enjoy the benefits of such improvements available for use while avoiding the expense of privately installing and maintaining similar improvements. • The proper maintenance of landscaped parks provides increased attractiveness of the District as a place to live, work and do business. • Spraying and treating of landscaping for disease and weed control reduces the likelihood of insect or weed infestation spreading to the landscaping located on properties within the District. GENERAL BENEFIT ANALYSIS In addition to the special benefits received by the parcels in the District, there are general benefits conferred on the public at large by the maintenance, operation and servicing of park and recreational facilities. Census data and socio-economic characteristics for the City of Baldwin Park would generally indicate a higher than average park usage by local residents. The higher densities and a greater number of persons per household as documented by census data would indicate a higher than average special benefit from the funded park improvements. Additionally, in higher density areas such as the District, the value of the open spaces afforded by parks is at a particular premium. However, parks and recreational facilities are an important part of any thriving community. The general benefit arising from the park and recreational improvements can be measured by examining the usage of the facilities by the public at large. Each park has been examined to determine the average number of registrations received by the Recreation and Community Services Department for individuals or teams from outside of the District boundaries. The percentage of out -of -district registrations to total registrations is used to determine that portion of the park budget related to general versus special benefit. City staff has determined that out -of - District registrations equal approximately 15 percent of all registrations. Thus, 15 percent of the assessment budget will be assigned as general benefit. In addition, the City has elected to contribute an additional amount over and above the 15 percent level in order to maintain assessments at approximately the same amount as in prior years. parkreport1516,doc Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 11 FORMULA The formula recognizes that properties have different levels of benefit depending upon the typical population associated with the type of land use. The formula considers these differences and fairly distributes the special benefit among all residential parcels and lots within the District. Each of the special benefits identified above in "Special Benefit Analysis" are considered to benefit each parcel in proportion to the typical population associated with the parcel's land use as reported by the City of Baldwin Park Planning Division. In order to establish the proportionate share of benefit from any one parcel of land in relation to the total benefit to the District, it is necessary to establish a benchmark to relate that one parcel to all others. This benchmark is called the Equivalent Dwelling Unit. The District uses a single family residence as the benchmark Equivalent Dwelling Unit. All other land uses, as represented on the County Assessor's master property file, will be compared to the benchmark of the Single Family Residence to gain a comparative Equivalent Dwelling Unit ("EDU") based on population data as found in the 1990 Census Data for Baldwin Park, as provided by the City of Baldwin Park's Planning Division. Following is a discussion of EDU values for each type of land use within the Assessment District. The EDU values for condominiums, multi -family and mobile homes are based upon a comparison of the average population per household for single-family residences versus the average household population in condominiums, multi -family and mobile homes. The calculation of each EDU value is shown below: For Single Family Residential: Sin le fatniifyopulation er household 4.06 Single family population per household 4.06 For Condominium Residential: Cando pQpulati017 per household 3.75 Single family population per household 4.06 For Multi -Family Residential: Multi -family ugpylation ,per household 4.25 Single family population per household 4.06 For Mobile Home Residential: Mobile Home noDulationoer household2.03 Single family population per household 4.06 = 1.00 EDU's/unit = 0.92 EDU's/unit = 1.04 EDU's/unit = 0.50 EDU's/unit The EDU values for commercial, office, business and industrial land uses ("non-residential") are based on a comparison of the typical single family lot acreage versus the actual size of the non- residential use. Special benefit to non-residential parcels results from the use of recreational facilities by employees and customers, which generally increases in number as the parcel size increases. Therefore, the assessment on non-residential property is based on acres, as opposed to residential parcels which are based on dwelling units. Within the District, the typical single-family parcel size is 8,500 square feet. Approximately 20 percent of each acre of residential land, on average, is dedicated for streets and other public uses resulting in a net acreage available for the subdivision of approximately 4.10 lots per acre, which is parkreport1516.doc Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 12 rounded down to 4 lots per acre. Therefore, using the single family residence as a base, an acre of non-residential property receives the same number of EDU's as an acre of residential property, that is, 4 EDU per acre. Non-residential lots 0 4 lotsger acre Single family EDU @ 1.00 per lot = 4.00 EDU's /acre Furthermore, non-residential parcels more than half an acre and less than an acre is assigned a minimum of 4 EDU per parcel to reflect the minimum benefit these parcels receive. Non- residential parcels below one-half acre are assigned 50 percent of 4.0 EDU's, or 2.0 EDU's per parcel. The EDU value for the institutional, church, school, college and day care land uses ("institutional") is calculated at one (1) EDU per parcel. This per parcel assessment rather than per acre assessment is in recognition of this land use category's traditionally lower demand for park facilities as indicated by the City's Recreation and Community Services staff. In addition, institutional parcels receive less benefit than other non-residential parcels in the District from the operation, maintenance and servicing of parks in the City for several reasons. Institutional parcels function differently than non-residential parcels in that they: 1) typically operate fewer days in the week, 2) generally have an inconsistent number of people using the facilities daily, and 3) have a less intensive use than the property size alone would indicate because in general, the institutional parcels in the District contain large green areas that function as open space. Therefore, the institutional parcels should be assessed at a lower level than the non-residential parcels, and are assigned 1 EDU per parcel. As a result of the passage of Proposition 218, the assessment methodology for the Park Maintenance Assessment District has to determine the special benefit attributable to public agency parcels within the District boundary. Section 4 of the Proposition states, "Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that such publicly owned parcels in fact receive no special benefit." In comparison to non-residential and institutional parcels, governmental properties also benefit from the proper maintenance of parks, since such parks attract potential customers and employees as shown below. Certain governmental parcels benefit from the District because the proper maintenance, operation and servicing of parks: • reduces property -related crimes against properties within the District, especially vandalism, through the abatement of graffiti; • improves the aesthetics of public parcels through the proper maintenance of landscaping and the planting of otherwise barren areas; • reduces pollution and noise in surrounding areas throughout the provision of open space; and • by improving the physical and visual environment and making the District area a more desirable and attractive place to work and do business. Additionally: 01 Having properly maintained parks readily accessible to the public properties means that the public agencies may enjoy the benefits of such improvements available for use while avoiding the expense of privately installing and maintaining similar improvements; and parkreport1516.doc Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District 13 M Spraying and treating of landscaping for disease and weed control reduces the likelihood of insect or weed infestation spreading to the landscaping located on public properties within the District. However, governmental parcels receive less benefit than other non-residential parcels in the District from the operation, maintenance and servicing of parks in the City. For instance, a portion of most public properties are used as park and/or recreation areas. This portion of these properties does not benefit from the District improvements because it provides the same use and function that the funded improvements provide. Additionally, governmental properties generally do not benefit from the resale value of their properties. Consequently, the specific benefit of increased property value that is conferred to other properties in the District is not conferred to governmental properties. Therefore, the governmental parcels are assessed at one-quarter the rate of non- residential uses, but as the size of the parcel increases, the benefit increases, and therefore, the assessment amount increases. The special benefit to undeveloped property in the residential, non-residential and institutional land use categories is based on the assumption that such undeveloped property benefits from the ongoing maintenance of recreational facilities because the facilities will be in good and ready condition in the future when the vacant property is developed. For the purposes of this Engineer's Report, the special benefit to undeveloped property is assigned a value corresponding to 40 percent of the developed property EDU values for the same land use designations. This discounted value recognizes the reduced current value due to the uninhabited nature of the property. Finally, parcels of raw land and homeowner's association common area are assigned an EDU value of zero (0), based on a projection that these parcels are likely never to develop and therefore will receive no benefit from the improvements. Similarly, railroad right-of-way parcels, public utility right-of-way and well site or reservoir site parcels, water rights parcels, and other similar land uses are also assigned an EDU value of 0, because of little or no possibility for residential or non- residential or institutional development and therefore no benefit. The following table sets forth the population per unit as shown in the 1990 City of Baldwin Park census data, the equivalent dwelling units as discussed above, and the resulting assessment amount per unit, parcel or acre. parkreport1516.doc Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment District Page 14 ENGINEERING AND INCIDENTAL EXPENSES All parcels within the District benefit from the ongoing operation of the District. Therefore, all parcels assessed in the District receive a proportional share of the administrative costs for the District based on their assessment for park maintenance. THE MAXIMUM ASSESSMENT AND ANNUAL ADJUSTMENT The Maximum Assessment is the annual assessment shown in the Assessment Roll, on file in the Office of the City Clerk and by this reference incorporated herein. Commencing with Fiscal Year 2006-2007 and for each year thereafter, the assessment for the District is subject to an Annual Adjustment limit. The Annual Adjustment shall not exceed the change in the Consumer Price Index ("CPI"), All Urban Consumers, for the Los Angeles -Anaheim -Riverside Area from March through March of the previous calendar year. Future annual assessments within this limit may be approved by the City Council without additional property owner ratification. These limits may be exceeded only with a majority property owner approval of either: 1) a supplemental assessment; 2) a revision of or supplement to the maximum assessment and/or adjustment formula, or 3) any other methodology amenable to the property owners within the District boundary. The assessor's parcel number and the amount of assessment upon each lot or parcel are shown on the assessment roll. Upon confirmation by the Council this data will be submitted to the Los Angeles County Auditor -Controller for the inclusion on the 2015-16 tax roll. parkreport1516.doc Community Economic Solutions Population Equivalent Assessment per Unit, Land Use Description per Unit Dwelling Units Parcel or Acre Single Family Residential 4.06/unit 1.00/unit $33.71/unit Vacant Single Family Residential -------- 0.40/parcel 0.40/ arcel $13.48/ arcel Condominium 3.75/unit 0.92/unit $31.01/unit Multi le Famil 4.25/unit 1.04/unit $35.06/unit Mobile Home 2.03/unit 0.50/unit $16.86/unit Non -Residential > 1 acre 4.00/acre 4.00/acre $134.84/acre Non -Residential > .5 - < 1 acre 4.00/ arcel 4.00/ arcel $134.84/parcel Non -Residential < .5 acre 4.00/ arcel 2.00/ arcel $67.42/ arcel Vacant Non -Residential > 1 acre ---® 1.60/acre $53.94/acre Vacant Non -Residential >.5 - < 1 ------ 1.60/ arcel $53.94/parcel Vacant Non -Residential < .5 acre -- - 0.80/ arcel $26.97/ arcel Institutional 1.00/ arcel 1.00/ arcel $33.71/ arcel Vacant Institutional ------ 0.40/ arcel $13.48/parcel Government > 1 acre 4.00/acre 1.00/acre $33.71/acre Government > .5 acre - < 1 acre 4.00/ arcel 1.00/ arcel $33.71/ arcel Government < .5 acre 4.00/ arcel 0.50/ arcel $16.86/ arcel Exemption ------ 0.00/parcel $0.00/parcel ENGINEERING AND INCIDENTAL EXPENSES All parcels within the District benefit from the ongoing operation of the District. Therefore, all parcels assessed in the District receive a proportional share of the administrative costs for the District based on their assessment for park maintenance. THE MAXIMUM ASSESSMENT AND ANNUAL ADJUSTMENT The Maximum Assessment is the annual assessment shown in the Assessment Roll, on file in the Office of the City Clerk and by this reference incorporated herein. Commencing with Fiscal Year 2006-2007 and for each year thereafter, the assessment for the District is subject to an Annual Adjustment limit. The Annual Adjustment shall not exceed the change in the Consumer Price Index ("CPI"), All Urban Consumers, for the Los Angeles -Anaheim -Riverside Area from March through March of the previous calendar year. Future annual assessments within this limit may be approved by the City Council without additional property owner ratification. These limits may be exceeded only with a majority property owner approval of either: 1) a supplemental assessment; 2) a revision of or supplement to the maximum assessment and/or adjustment formula, or 3) any other methodology amenable to the property owners within the District boundary. The assessor's parcel number and the amount of assessment upon each lot or parcel are shown on the assessment roll. Upon confirmation by the Council this data will be submitted to the Los Angeles County Auditor -Controller for the inclusion on the 2015-16 tax roll. parkreport1516.doc Community Economic Solutions City of Baldwin Park Citywide Park Maintenance Assessment DistrictPage 15 PART E PROPERTY OWNER LIST AND ASSESSMENT ROLL The assessment set forth for each parcel is shown on the Assessment Roll for the District, submitted separately, as "Assessment Roll for City of Baldwin Park, Citywide Park Maintenance Assessment District, Fiscal Year 2015-16", which is incorporated by reference herein and is on file in the office of the City Clerk. The Assessment Roll lists all parcels within the boundaries of the District as shown on the Assessment Diagram, Part F herein, and on the last equalized roll of the Assessor of the County of Los Angeles, which is by reference made part of this report. A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Los Angeles, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the office of the City Clerk of the City of Baldwin Park. parkrepot1516Ax Community Economic Solutions STAFF REPORT HUB OF U THE SAN GABRIEL ' VALLEY "F' SUMMARY ITEM NO. ;:� 0 TO: Honorable Mayor and Members of the +C:i!X_Council FROM: Daniel Wall, Director of Public Wor DATE: July 15, 2015 SUBJECT: PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2015- 077, ORDERING THE ASSESSMENTS FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR THE FY2015- 2016. The purpose of this report is to outline the required Public Hearing and subsequent adoption of a resolution ordering the annual levy and collection of assessments related to the Citywide Landscaping and Lighting Maintenance District, FY2015-2016 (LLMD or District) FISCAL IMPACT The District's anticipated revenue and expenditures are summarized in the following table: ------------------ Estimated Beginning Fund Balance 7/1/2015 $478,193 4 78,193 93 m__.. g g ..m„_ ... ... 7-11 . FY 15-16 Estimated Revenue Assessment Revenue FY 2015-2016 $909,549 ................................ County Ad Valorem Tax $774,000 _. Penalties, Late Taxes, Earnings $93,500 ............................................ .... _ ......... Total Revenue $1,777,049 FY 15-16 Projected Expenditures Street Lighting . ........,.. _.. a $608,400 Landscaping _ ........... .................... .... $865,200 Traffic Signals $293,600 Total Expenditu„... res $1,767,200 FY 2015-16 Operating Reserve / Deficit $9,849 Projected Balance 6/30/2016 .. Beginning Fund Balance 07/01/2015 .... ... $478,193 FY 15-16 Revenues $1,777,785 FY 15-16 Expenditures ... _..... .... .. .... $1,767,200 ... Projected Fund Balance 06/30/2016 $488,043 RECOMMENDATION It is recommended that the City Council: Hold a Public Hearing, and after considering testimony, waive further reading, read by title only, and adopt Resolution No. 2015-077, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH CITYWIDE LANDSCAPING AND LIGHTING MAINTENACE ASSESSMENT DISTRICT FOR FY2015-16, AND AUTHORING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS." LEGAL REVIEW Reviewed by City Attorney BACKGROUND Over the last decade, the District has been utilized to cover the costs of providing maintenance and improvements to the street lighting, traffic signal, and landscaping operations in the public right-of-way. This typical assessment has remained for over thirteen years. On June 03, 2015 the City Council adopted Resolution No. 2014-075 which approved the Engineer's Report for the LLMD, declared its intent to levy and collect assessments, and set a date and time for the public hearing (July 01, 2015). The Public Hearing notice was posted as required. ATTACHMENTS Resolution No. 2015-077 Engineer's Report RESOLUTION NO. 2015-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS ASSOCIATED WITH THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2015-2016, AND AUTHORIZING THE LOS ANGELES COUNTY ASSESSOR TO ADD THIS SPECIAL ASSESSMENT TO THE PROPERTY TAX BILLS WHEREAS, the City Council has previously ordered the formation of LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT No. 2007-1 (hereinafter referred to as the "DISTRICT") pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972" being Part 2 of Division 15, of the California Streets and Highways Code; and WHEREAS, the City Council has adopted Resolution No. 2015-075 approving the Engineer's Report pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code and Article XIIID of the State Constitution, declaring its intention to order the annual levy and collection of assessments, and giving notice of the time and place for a Public Hearing on the questions of the levy of the proposed assessments; and WHEREAS, the City Council has heard all testimony and evidence, and is desirous of proceeding with the levy of annual assessments for the District. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the City Council hereby orders the maintenance work performed on the District as set forth in the Engineer's Report for FY 2015-2016, and orders the annual levy and collection of assessment of the District as shown and described in said report and declaration of intention. SECTION 3. That the adoption of this Resolution constitutes the levy of the assessments for the fiscal year commencing July 1, 2015 and ending June 30, 2016. SECTION 4. That the Los Angeles County Assessor, which collects assessments on the City's behalf, shall enter on the Assessment Roll the amount of the assessments, and said assessments shall then be collected and the net amount of the assessments shall be paid to the City Treasurer of the City of Baldwin Park. Resolution No. 2015-077 Page 2 of 2 SECTION 5. That the City Treasurer has established a special fund known as the "CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING DISTRICT FUND" into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution. SECTION 6. That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer and a certified copy of the diagram and assessment roll filed with the Los Angeles County Assessor, together with a certified copy of this resolution upon its adoption. SECTION 7. The City Clerk shall certify to the adoption of this Resolution,. PASSED, APPROVED, AND ADOPTED this 15TH day of July 2015. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK J I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2015-077 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on July 15, 2015 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJEANDRA AVILA CITY CLERK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT ASSESSMENT GI 'S REPORT PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972, PART 2 DIVISION 15 OF THE STREETS AND HIGHWAYS CODE, ARTICLE XIII.D. OF THE CALIFORNIA CONSTITUTION AND THE PROPOSITION 218 OMNIBUS IMPLEMENTATION ACT (GOVERNMENT CODE SECTION 53750 ET SEQ) Fiscal Year 2015-16 G *Ar Community Economic Solutions May 2015 City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page i CITY OF BALDWIN PARK ASSESSMENT ENGINEER'S REPORT CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FISCAL YEAR 2016-16 The Streets and Highways Code, Part 2, Division 15, Article 4, commencing with Section 22565, directs the preparation of the annual report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements described herein. SECTION DESCRIPTION PAGE Report ..................... Part A - Plans and Specifications for the Improvements .................................. 3 Part B - An Estimate of the Costs of the Improvements .................................. 4 Part C - A Diagram for the Assessment District ............................................... 5 Part D - An Assessment of the Estimated Costs of the Improvements .......... 6 Part E - Assessment Roll.................................................................................. 8 engreport1516.doc Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 1 FISCAL YEAR 2015-16 CITY OF BALDWIN PARK ASSESSMENT ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE Whereas the Council of the City of Baldwin Park, California, did, pursuant to the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code of the State of California, adopt the Resolution of Initiation ordering the preparation and filing of the Assessment Engineer's Report in accordance with Chapter 1, Article 4 commencing with Section 22565. Section 22567 directs that the report shall refer to the City of Baldwin Park Citywide Landscaping and Lighting Maintenance District (the "Assessment District") by its distinctive designation, specify the fiscal year to which the report applies, and, with respect to that year, shall contain all of the following: Part A Plans and specifications for the improvements. Part B An estimate of the costs of the improvements. Part C A diagram for the assessment district. Part D An assessment of the estimated costs of the improvements. A preliminary report is then filed with the City Clerk in accordance with Section 22623 for submission to the legislative body. The legislative body may approve the report as filed, or it may modify the report and approve it as modified. Now, therefore, the following Assessment Engineer's Report is hereby submitted consisting of five (5) parts as follows: PART A: PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS This part contains the plans and specifications which are required to show and describe the existing and proposed improvements in accordance with Section 22568. The plans and specifications need not be detailed, but shall be sufficient if they show or describe the general nature, location, and extent of the improvements. If the assessment district is divided into zones, the plans and specifications shall indicate the class and type of improvements to be provided for each such zone. The Plans and specifications for the improvements listed in Part A are on file with the City Engineer. Such plans and specifications are incorporated herein by reference. PART B: AN ESTIMATE OF THE COSTS OF THE IMPROVEMENTS This part contains an estimate of the costs for maintenance of the improvements within the District for Fiscal Year 2015-16 pursuant to section 22569, including incidental costs and expenses in connection therewith. This estimate is on file with the City Engineer. The estimate of the costs of the improvements for the fiscal year shall contain estimates for all of the following: (a) The total costs for improvements to be made that year, being the total costs of constructing or installing all proposed improvements and of maintaining and servicing all existing and proposed improvements, including all incidental expenses. (b) The amount of any surplus or deficit in the improvement fund to be carried over from a previous fiscal year. engreport1516.doc Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 2 (c) The amount of any contributions to be made from sources other than assessments levied pursuant to this part. (d) The amount, if any, of the annual installment for the fiscal year where the legislative body has ordered an assessment for the estimated cost of any improvements to be levied and collected in annual installments. (e) The net amount to be assessed upon assessable lands within the assessment district, being the total improvement costs, as referred to in subdivision (a), increased or decreased, as the case may be, by any of the amounts referred to in subdivision (b), (c), or (d). PART C: A DIAGRAM FOR THE ASSESSMENT DISTRICT This part incorporates, by reference, the "Assessment Diagram", which is a diagram of the Assessment District showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District in accordance with Sections 22570 and 22571. The diagram for an assessment district shall show (a) the exterior boundaries of the assessment district, (b) the boundaries of any zones within the district, and (c) the lines and dimensions of each lot or parcel of land within the district. Each lot or parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to which the report applies. The Diagram has been prepared and is on file with the City Engineer. The Assessor's maps and records are incorporated by reference herein and made part of this Report. PART D: ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS This part contains an assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District in accordance with Section 22572. The assessment shall refer to the fiscal year to which it applies and shall do all of the following: (a) State the net amount, determined in accordance with Section 22569, to be assessed upon assessable lands within the assessment district, which shall include an amount sufficient to pay the principal and interest due during the fiscal year from each parcel on any bonds or notes issued pursuant to Section 22662.5. (b) Describe each assessable lot or parcel of land within the district. (c) Assess the net amount upon all assessable lots or parcels of land within the district by apportioning that amount among the several lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements. According to Section 22573, the net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL This part contains a list of the County of Los Angeles Assessor's parcel numbers, and the net amount to be assessed upon benefited lands within the Assessment District. engreport1516.doo Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 3 PART A PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS The facilities, which have been constructed within the City of Baldwin Park, and those which may be subsequently constructed, will be operated, serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS FOR THE CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FISCAL YEAR 2015-16 The proposed improvements include the construction, operation, servicing and maintenance of landscaping, traffic signals, street lighting and appurtenant facilities in public streets and public rights-of-way within the Assessment District; including but not limited to, personnel, electrical energy, utilities such as water, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows: L nd c iag_@.nd A urter ant Facilities Landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk and curb and gutter maintenance adjacent to street trees, and appurtenant facilities, in public street and public rights-of-way, including parkways, medians and dedicated easements within the boundary of said Assessment District. Li hti ig and Appurtenant facilities Poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide safety lighting and traffic signals in public streets and public rights-of-way and easements within the boundaries of said Assessment District. Power for the street lights and traffic signals shall be furnished by the Southern California Edison Company or its successors and shall be adequate for the intended purpose. Rates for power shall be those authorized by the Public Utilities Commission, State of California. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities. The plans and specifications for the improvements, showing the general nature, location, and the extent of the improvements, are on file in the office of the City Engineer and are incorporated herein by reference. engreport1516.dm Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 4 PART B AN ESTIMATE OF THE COSTS OF THE IMPROVEMENTS The estimated cost of the construction, operation, servicing and maintenance of the improvements for Fiscal Year 2015-16, as described in Part A, are summarized herein and described below. All costs include administration and utilities where applicable. CITY OF BALDWIN PARK CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FY 2015-16 Budget Estimated Beginning Fund Balance 7/1/2015 $478,193 FY 2015-16 Estimated Revenue Assessment Revenue $909,549 County Ad Valorem Tax $774,000 Penalties, Late Taxes, Earnings $93,500 Total Revenue $1,777,049 FY 2015-16 Projected Expenditures Street Lighting $608,400 Landscaping $865,200 Traffic Signals $293,600 Total Expenditures $1,767,200 FY 2015-16 Operating Reserve / Deficit $9,849 Projected Fund Balance 6/30/2016 Beginning Fund Balance $478,193 FY 2014-15 Revenues $1,777,049 FY 2014-15 Expenditures $1,767,200 Projected Fund Balance 6/30/2016 $488,043 The 1972 Act requires that a special fund be set-up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. engreport1516.dm Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 5 PART C A DIAGRAM FOR THE ASSESSMENT DISTRICT The diagram of the Assessment District showing the exterior boundaries of the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District is required in accordance with Sections 22570 and 22571. Each lot or parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot or parcel of land shown on the diagram shall conform to those shown on the county assessor's maps for the fiscal year to which the report applies. The Diagram has been prepared and is on file with the City Engineer. The boundaries of the District are coterminous with the boundaries of the City of Baldwin Park. A diagram showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District has been submitted to the office of the City Clerk of the City of Baldwin Park, and is hereby made a part hereof by reference. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles. The Assessor's maps and records are incorporated by reference herein and made part of this report. engreport1516.doc Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 6 PART D ASSESSMENT OF THE ESTIMATED COSTS OF THE IMPROVEMENTS GENERAL Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals, parks and landscaping. The 1972 Act requires that maintenance assessments be levied according to benefit rather than according to assessed value. Section 22573 of the 1972 Act requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." "The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the California Streets and Highways Code]." In addition, Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Because assessments are levied on the basis of benefit, they are not considered to be a tax governed by Article XIIIA of the California Constitution. The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22547). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax." ASSESSMENT METHODOLOGY The landscaping, lighting and traffic signals are for the benefit and enjoyment of all properties within the District and all parcels benefit from the maintenance of the improvements. The assessment of cost upon each parcel was apportioned in accordance with the estimated benefit received. Traffic signal maintenance costs are assessed throughout the district on a per parcel basis. The criteria for the assessment spread of lighting and landscaping is as follows: Rectangular lots - street frontage Z Irregular lots - width of lot at setback line - average of front and rear lot line lengths or - street frontage, whichever is most representative of benefit 3. Flag lots - one-half of total footage to each of the two lots 4. Corner lots - the narrowest frontage engreport1516.doc COmmunity Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 7 Excepted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights -of -ways, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial and institutional activities. BENEFIT ZONES The District is divided into four benefit zones. Zone 1 includes all residential parcels and Zone 2 includes all commercial and industrial parcels that are assessed for street lighting and traffic signal maintenance. Zone 3 includes all commercial, industrial and residential parcels that are assessed for landscaping maintenance. Zone 4 includes the West Ramona Residential Redevelopment Project (Tract Nos. 39090, 39635, 40746, 42828 and 41956) and is assessed for landscaping, lighting and traffic signal maintenance. The proposed assessment for Fiscal Year 2015-16 is derived by apportioning a part of the total cost shown in Part B among the assessable parcels in proportion to the estimated benefits. A portion of the Assessment District Revenues is derived from Countywide Property Taxes or the Ad Valorem Tax. The City receives this amount as part of its tax apportionment and has designated a percentage to be used for lighting and landscape purposes. The assessor's parcel number and the amount of assessment upon each lot or parcel are shown on the assessment roll. Upon confirmation by the City Council this data will be submitted to the Los Angeles County Auditor -Controller for the inclusion on the 2015-16 tax roll. engreport1516.doc Community Economic Solutions Frontage and Proposed Assessment Description Parcel Counts Assessment Revenues* Zone 1 & 2 (Street Lighting) m 2. Commercial / Industrial 90,756 L.F, $0.5543 / L.F. $ 50,306 1. Residential 650,058 L.F. $0.2809 / L.F. $ 182,601 Zone 3 (Landscaping) All Parcels (excluding Zone 4) 740,814 L.F. $0.7513 / L.F. $ 556,574 Zone 4 (Lights/Landscaping) Tract # 39090, 39635, 40746, 42828, & 41956 160 Lots $36.01 / Lot $ 5,762 Parcel #1164 14 Lots $51.44 / Lot $ 720 Zone 2 Traffic Si nals) Commercial / Industrial includin Parcel #1164 886 Lots $11.87 /Parcel $ 10 517 Zone 1 & 4(Traffic Signals) All Parcels 13,761 Lots $7.49 / Lot $ 103,070 Grand Total $ 909,549 The assessor's parcel number and the amount of assessment upon each lot or parcel are shown on the assessment roll. Upon confirmation by the City Council this data will be submitted to the Los Angeles County Auditor -Controller for the inclusion on the 2015-16 tax roll. engreport1516.doc Community Economic Solutions City of Baldwin Park Citywide Landscaping and Lighting Maintenance District Page 8 PART E PROPERTY OWNER LIST AND ASSESSMENT ROLL The assessment set forth for each parcel is shown on the Assessment Roll for the District, submitted separately, as "Assessment Roll for City of Baldwin Park, Landscaping and Lighting Maintenance District, Fiscal Year 2015-16", which exhibit is incorporated by reference herein and is on file in the office of the City Clerk. The Assessment Roll lists all parcels within the boundaries of the District as shown on the Assessment Diagram, Part C herein, and on the last equalized roll of the Assessor of the County of Los Angeles, which is by reference made part of this report. Assessments are not levied upon public streets, utility easements, right-of-way, and common areas. A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Los Angeles, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the office of the City Clerk of the City of Baldwin Park. engreport1516Am Community Economic Solutions STAFF:: ORT HU6,OF - TMi SAN GABRIEL � ALiEv , ITEM NO. % TO: Honorable Mayor and City Councilmembers FROM: Marc Castagnola, AICP, Director of C1n1 �unity Devclopm Amy L. Harbin, AICP, City Plann �r �" w..... DATE: July 15, 2015 SUBJECT: A request for consideration of a proposed amendment to the City's Municipal Code adding language relating to Cottage Food Operations in accordance with State Law. (Location: All Residential Zones; Applicant: City of Baldwin Park; Case Number: AZC-176) SUMMARY This report requests City Council approval of an amendment to the Municipal Code adding development standards for cottage food operation in accordance with State Law. FISCAL IMPACT There is no fiscal impact associated with this item. RECOMMENDATION Staff and the Planning Commission recommend that the City Council open the public hearing and following the public hearing: Introduce for first reading, by title only and waive further reading, Ordinance 1374, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING BALDWIN PARK MUNICIPAL CODE CHAPTER 153.220 AND 153.120 TO ESTABLISH REGULATIONS FOR COTTAGE FOOD OPERATIONS". BACKGROUND '111,1FORNI In accordance with the provisions of the California Environment Quality Act (CEQA), Section 15061 (b) (3) of Chapter 3 Title 14 it has been determined that the proposed Code Amendment project will not have an impact on the environment and is Categorically Exempt. NOTICING Since the properties potentially impacted by the proposed Code Amendment numbers greater than 1,000, notices of Public Hearing for the Code Amendment was posted at City Hall, Baldwin Park Community Center, and Barnes Park on Tuesday, March 24, 2015. DISCUSSION September 2012, the California Legislature the Governor signed Assembly Bill 1616 which requires that all local governments (both cities and counties) adopt regulations and development standards relating to Cottage Food Operations. AB 1616 became effective on January 1, 2013 and as a result local governments (cities and counties) are required to amend their Municipal Codes to comply with the State Law. Cottage food operations are generally described as small food businesses that produce non -potentially hazardous foods (such as certain baked goods, candies, jams/jellies, dried pastas, dried fruits and baking AZC-176 July 15, 2015 Page 2 mixes) to operate out of a private home with limited regulatory oversight, provided certain criteria are met. The city may enact reasonable standards, however only on the following factors: spacing and concentration, traffic control, parking and noise control. The proposed Code Amendment includes new definitions of various terms, including Cottage Food Operation, Cottage Food Operator, Cottage Food Products, Direct and Indirect Sales and Home Occupation. The Home Occupations' (Sections 153.120.250 through 153.120.270) Section of the Municipal Code are proposed to be deleted and replaced with language which would not only apply to typical home occupations such as home offices, but also home occupations that are classified as cottage food operations. Additionally the County of Los Angeles shall administer all County regulations and standards related to the health and safety and sanitation of food facilities within the City of Baldwin Park. Since cottage food operations need an additional level of review by the Planning Division through the business license process, an additional application (Attachment #2) has been created specifically for cottage food operators and shall be submitted to the Finance Department in conjunction with the Home Occupation application. PLANNING COMMISSION ACTION This item was heard by the Planning Commission at their April 8, 2015 meeting. No one spoke during the public hearing on the item. Ultimately the Planning Commission voted 5-0 recommending that the City Council adopt Ordinance 1374, amending the Baldwin Park Municipal Code, Chapters 153.220 and 153.120 to establish regulations for cottage food operations. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES The City Council could elect not to approve this amendment to the City's Municipal Code and as a result, the City would not be in compliance with State Law. ATTACHMENTS #1, Map Identifying Residential Zones #2, Cottage Food Operations Permit (Draft) #3, Ordinance 1374 CAAmy\AMY\WORD\Reports\Council Reports\AZC-176 #3 doe MAII' IDENIIIIANING RESYDENTIA14 ZONES CITY OF BALDWIN F'ARK Rt, R4 & RG ZONES lum COTTAGE FOOD OPERATIONS PERMIT APPLICANTS NAME (COTTAGE FOOD OPERATOR): IS APPLICANT THE OWNER OF PROPERTY WHERE THE COTTAGE FOOD OPERATION IS PROPOSED TO BE LOCATED? Yes No (if no, provide information below) IF APPLICANT IS A TENANT, PROVIDE THE NAME AND PHONE NUMBER OF THE OWNER OF THE PROPERTY WHERE THE COTTAGE FOOD OPERATION IS PROPOSED TO BE LOCATED AND THE NAME OF THE PROPERTY MANAGER OR OTHER PARTY RESPONSIBLE FOR THE PROPERTY': NAME OF COTTAGE FOOD OPERATION: ADDRESS: _.,_ .,_ _.TELEPHONE NO. ( ..... ....�.��.. �.e � m ....... .... ............. ....... LIST OF COTTAGE FOOD PRODUCTS TO BE PREPARED AND PACKAGED FOR SALE: TYPES OF SALES (i.e., direct, indirect, or both, see definitions at sections 153.220.050 and 153.220.100); LOCATION OF SALES (Please be specific as to whether sales are at home, or other specified locations): WILL THERE BE A FAMILY MEMBER OR HOUSEHOLD MEMBER INVOLVED IN THE COTTAGE FOOD OPERATION? IF SO, PROVIDE HIS/HILAR NAME.. WILL THERE BY A PAID OR UNPAID INDIVIDUAL INVOLVED WITH THE COTTAGE FOOD PRODUCTS WHO WORKS FOR THE COTTAGE FOOD OPERATION? IF 50, PROVIDE HIS/HER NAME: IS THIS A "CLASS A" OR "CLASS B" COTTAGE FOOD OPERATION? SUBMIT AN ACCURATE SCALE BUILDING DRAWING OF THE RESIDENCE SHOWING: (1) REGISTERED AND/OR PERMITTED AREAS, OR AREAS SHOWN ON APPLICATION SUBMITTED TO THE LOS ANGELES DEPARTMENT OF PUBLIC HEALTH FOR COTTAGE FOOD PRODUCT PREPARATION, PACKAGING, AND RELATED EXCLUSIVE STORAGE; (2) ALL DOORS AND EXITS; (3) ALL VEHICLE PARKING SPACES. SUBMIT AN ACCURATE DRAWING OF THE SITE SHOWING PROPERTY LINES, EXISTING STREETS, STRUCTURES, DRIVEWAYS, PEDESTRIAN WALKS, AND ON- AND OFF- SITE PARKING AND LOADING AREAS. Doc # 147745 Please answer "Yes" or "No" to the following: I Yes I No 1. For Class A operations, have you at � ched writtq"ni--proof that you have registered the operation with the Los Angeles Department of Public Health, Environmental Health Division? _1111. ...�.......... - 2. For Class B operations, have you attached w ittP, prgof that you have registered the business with the Los Angeles Department of Public Health, Environmental Health Division, and have received and passed the required County Health inspection? _ 3. Has the operation applied for and paid required fees for a Cottage Food Occupation permit license from the City of Baldwin Park Business License and Planning Departments? 4. Have you familiarized yourself with California law as it pertains to Cottage Food Operations? CONFORMANCE WITH STATE LAW PLEASE VERIFY THATTHE COTTAGE FOOD OPERATION WILL CONFORM TO STATE LAW INCLUDING THE FOLLOWING REQUIREMENTS: .. -_.-.. Please answer Will Comply" to the following: Will Comply 1111 �--- _ 1. No cottage food product preparation, packaging, or handling may occur in the home kitchen concurrent with any other domestic activities, such as family meal preparation, dishwashing, clothes washing or ironing, kitchen cleaning, or guest entertaining. 2. No infants, small children, or pets may be in the home kitchen during the preparation, packaging, or handling of any cottage food product. - ., ------------- ----- -- ................... 3. Kitchen equipment and utensils used to produce cottage food products shall be clean and maintained in a good state of repair. _ _ ..,_e .... ......-- 4. All food contact surfaces, equipment, � �� q ment, and utensils used for the preparation, packaging, or handling of any cottage food products shall be washed, rinsed, and sanitized before each use. 5. All food pre preparation and food and equipment storage a shall _ _ _-- p p age areas shall be maintained free o_f rodents and insects. 6. Smoking shall be prohibited i.. t o --_--- .. -1111. _ �_ -, g p n the portion of a private home used for the preparation, packaging, storage, or handling of cottage food products and related ingredients or equipment, or both, while cottage food products are being prepared, packaged, stored, or handled. 1111... .... _ m.... _ --- ......... --- 7. Any persons with a contagious illness shall refrain from work in the permitted area of the cottage food operation. 8. An persons 1111.. -.nn..,,, _ .1_111__ Any p sons involved in the preparation or packaging of cottage food products shall keep his or her hands and exposed portions of his or her arms clean and shall wash his or her hands before any food preparation or packaging activity in a cottage food operation. 9. All persons who re...a...,__� --- _m ........... re or package cottage food products shall complete a - p....._.. prepare 1111 p.. 111__,,--- �"I' 1111..... _1111 �, , 1 Doc $1147745 Please answer . ...... _ -- ........ .. ill _ply" to theollo in ill Comply food processor course instructed by the California Department of Public Health within the next three (3) months. (Copies of each certificate issued are to be submitted to the County within three months of permit issuance.) u.,... .. ......... 10. All cottage food products shall be labeled consistent with the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 343 et seq.) and the label shall include: * "Made in a Home Kitchen" in 12-point type; * Name commonly used for the food product (i.e., "jam") * Name of the cottage food operation * The County Health Department registration number for the business; and * Product ingredients in descending order by weight. BY SIGNING BELOW, I, THE OWNER/APPLICANT OF THE COTTAGE FOOD OPERATION, HEREBY ACKNOWLEDGE THAT ALL ANSWERS PROVIDED HEREIN ARE ACCURATE. I AGREE TO COMPLY WITH ALL PROVISIONS IN THE CALIFORNIA HOMEMADE FOOD ACT AS CODIFIED IN THE CALIFORNIA HEALTH AND SAFETY CODE. I UNDERSTAND THAT IF MY OPERATION DOES NOT COMPLY WITH ALL THESE CONDITIONS MY OPERATION WILL BECOME ILLEGAL AND MUST CEASE. SIGNED DA For City use only: REVIEWED BY DATE TITLE APPROVED DENIED If denied, reason(s) for denial: Doc # 147745 11 1. KIM � V WTUN I I TO", F1 M, M W - ORDINANCE 1374 ORDINANCE NO. 1374 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING BALDWIN PARK MUNICIPAL CODE CHAPTER 153.220 AND 153.120 TO ESTABLISH REGULATIONS FOR COTTAGE FOOD OPERATIONS WHEREAS, the City of Baldwin Park ("City") currently permits and regulates the operation of in-home businesses which are referred to as "home occupation" uses under Baldwin Park Municipal Code ("BPMC") Sections 153.120.250 through 153.120.270; and WHEREAS, the State of California Legislature updated the Health & Safety Code regarding "cottage food operations" with Assembly Bill 1616 ("AB 1616"); and WHEREAS, AB 1616 requires all cities to allow cottage food operations as a permitted use in residential zones; and WHEREAS, "cottage food operations" are generally described as small food businesses that produce non -potentially hazardous foods (such as certain baked goods, candies, jams/jellies, dried pastas, dried fruits, and baking mixes) to operate out of a private home with limited regulatory oversight, as long as certain criteria are met; and WHEREAS, under AB 1616, if the City requires cottage food operations to obtain a permit to operate, the City may only condition the issuance of that permit on "reasonable standards, restrictions and requirements concerning the following factors: spacing and concentration, traffic control, parking, and noise control relating to those homes"; and WHEREAS, the City wishes to enact regulations for cottage food operations through its home occupation permit process which comply with the requirements of AB 1616; and WHEREAS, the City Council wishes to ensure the City complies with AB 1616 by exempting cottage food operations from certain regulations that otherwise apply to home occupation uses; and WHEREAS, Section 15061(b)(3) of Chapter 3, Title 14 of the California Code of Regulations (the "CEQA Guidelines") describes the general rule that CEQA only applies to projects which "have the potential for causing a significant effect on the environment"; where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and zoning regulations do not constitute the approval of any development project, and will therefore not result in any physical change in the environment; and WHEREAS, on April 8, 2015, after conducting a properly noticed public hearing, the Planning Commission adopted Resolution No. PC 15-05 recommending that the City Council update the BPMC as it pertains to home occupation and cottage food operations; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 153 ("Zoning Code") Section 153.220.040 entitled "C Definitions" shall be amended to add, in alphabetical order, the following: "COTTAGE FOOD OPERATION. An enterprise with annual gross sales limits set forth under California Health and Safety Code Section 113758(a), operated by a Cottage Food Operator having no more than one full-time equivalent employee, conducted within a private home kitchen where the Cottage Food Operator resides, and where the Cottage Food Products are prepared or packaged for direct, indirect, or direct and indirect sales pursuant to Section 113758 of the California Health and Safety Code. A Cottage Food Operation may engage in the following sales activities subject to approval from the Los Angeles County Department of Public Health: A. Class A Cottage Food Operations may engage only in direct sales of Cottage Food Products including direct sale venues such as temporary events. Door to door sales shall be prohibited. (See definition of "Direct Sales" at section 153.220.050.) B. Class B Cottage Food Operations may engage in both direct and indirect sales of Cottage Food Products such as a permitted third -party retail food facility. (See definition of "Indirect Sales" at section 153.220.100.) COTTAGE FOOD OPERATOR. An individual who owns or operates a Cottage Food Operation in his or her private home kitchen. COTTAGE FOOD PRODUCTS. Foods specifically listed as cottage foods approved by the California Department of Public Health and posted on its Internet Website and that are prepared for sale in the kitchen of the permitted area of a Cottage Food Operation. This lists includes certain non -potentially hazardous foods. Typical food items include baked goods without cream, custard or meat fillings; candies; dried fruits and pastas; fruit pies; cereals; herbs; honey; jams and jellies; nuts; popcorn; roasted coffees and dried teas. SECTION 2. Chapter 153 ("Zoning Code") Section 153.220.050 entitled "D Definitions" shall be amended to add, in alphabetical order, the following: DIRECT SALES. A transaction between a Cottage Food Operator and a consumer, where the consumer purchases the Cottage Food Product directly from the Cottage Food Operator. Examples include, but are not limited to, holiday bazaars, temporary events, bake sales, food swaps, certified famers' markets and community -supported agricultural subscriptions. SECTION 3. Chapter 153 ("Zoning Code") Section 153.220.090 entitled "H Definitions" shall be amended to add, in alphabetical order, the following: HOME OCCUPATION. Any commercial activity conducted entirely within a particular dwelling unit by the inhabitants of such dwelling unit. HOME OCCUPATIONS are incidental uses that do not change the character of the dwelling unit nor adversely affect permitted uses in the surrounding area. HOME OCCUPATIONS include Cottage Food Operation uses. SECTION 4. Chapter 153 ("Zoning Code") Section 153.220.100 entitled "I Definitions" shall be amended to add, in alphabetical order, the following: INDIRECT SALES. An interaction between a Cottage Food Operator, a third party retailer, and a consumer; where the consumer purchases Cottage Food Products made by the Cottage Food Operation from a third party retailer. A third party retailer is a permitted retail food facility, such as a restaurant, grocery or food market that holds a valid operating permit from the County of Los Angeles in accordance with California Retail Food Code section 114381. SECTION 5. Zoning Code Sections 153.120.250 through 153.120.270 of the BPMC are hereby deleted and shall be replaced to read in their entirety as follows: "Part 8. HOME OCCUPATIONS § 153.120.250 INTENT AND PURPOSE. The purpose of regulating home occupations is to recognize the need of some homeowners and cottage food operators to operate small businesses and cottage food operations from their home, and to provide a means of ensuring that adverse impacts, due to the mix of residential and commercial or professional uses, are mitigated to preserve the character of the residential area. The County of Los Angeles shall administer all County regulations and standards related to the health and safety and sanitation of food facilities within the jurisdiction of the City of Baldwin Park. The City shall administer the laws set forth in this Chapter relating to Cottage Food Operations. Nothing in this Chapter shall be construed as waiving or limiting the application of local and state regulatory standard for the health, safety and sanitation of food facilities within the jurisdiction of the City of Baldwin Park. § 153.120.260 PERMIT REQUIREMENTS. A. To establish a home occupation which does not fall within the meaning of Cottage Food Operation as defined by BPMC § 153.220.040, a "Home Occupation Permit" shall be obtained from the Business License Department, in addition to all other required licenses and permits. B. To establish a home occupation which falls within the meaning of Cottage Food Operation as defined by BPMC § 153.220.040, a "Cottage Food Operation Permit' shall be obtained from the Business License Department upon payment of a fee as set forth from time to time by resolution of the City Council, in addition to all other required licenses and permits. § 153.120.270 USE REGULATIONS. A. The use of a home occupation which does not fall within the meaning of Cottage Food Operation as defined by BPMC § 153.220.040, shall comply with the following regulations: 1. No Display or Storage. No display or storage of goods, wares, merchandise or stock in trade shall be maintained on the premises. 2. Occupancy Employment. No one other than persons residing on the lot where the home occupation is located may be regularly employed in such occupation. 3. Dust, Fumes, Noise, and Odor. No equipment used in conjunction with such occupation that emits dust, fumes, noise or odor, which could interfere with the peaceful use and enjoyment of adjacent properties is permitted. 4. Floor Space Limit. Not more than 150 square feet of floor space of the dwelling shall be devoted to the home occupation. 5. Traffic. No appreciable increase of traffic, pedestrian or vehicular shall result from such occupation. 6. Signage. No sign not otherwise permitted in the zone in which the occupation is located shall be used. B. The use of a home occupation which falls within the meaning of Cottage Food Operation as defined by BPMC § 153.220.040, shall comply with the following regulations: 1. Spacing. No Cottage Food Operation shall be approved if: (1) the property line of the site of the proposed use is located within 300 feet on the same street or the corner of a cross -street of the property line of any single family home where another Cottage Food Operation is located; or (2) if the proposed use is located within the same building of an apartment complex or other multi -family housing (i.e. condominium or townhomes) where another Cottage Food Operation exists. 2. Employee. Only one (1) employee, paid or unpaid, shall be permitted. This shall not include family members or a household member of the Cottage Food Operator. 3. Parking and Loading Requirements. A) For single family homes, parking spaces in the property's garage or carport (if present) and driveway shall be available for the actual parking demand created by the use, including parking spaces for the applicant's own vehicles, a parking space for an employee, if an employee is present, and one parking space for customers if direct sales on the property are proposed. B) For apartments and multi -family developments, the Cottage Food Operator's designated space(s) shall be available for the actual parking demand created by the use, including parking spaces for the applicant's own vehicles, parking spaces for an employee if employee is present, and one parking space for customers if direct sales on the property are proposed. On-site parking in an apartment complex or other multi -family residence requires approval from the property owner, landlord, homeowners association or property manager. C) On -street parking spaces may be used for persons picking -up and/or delivering materials for the Cottage Food Operation and third party retailers coming to the property if proposed. D) If the proposed Cottage Food Operation will involve loading of food products into vehicles, such loading may occur anytime within an enclosed garage when the garage door is shut. Hours for loading vehicles outside of a garage are limited from 8:00 a.m. to 6:00 p.m. Monday through Friday, and 10:00 a.m. to 4:00 p.m. on Saturdays and Sundays. Vehicles shall not idle when being loaded. 4. Noise Control. Cottage Food Operations shall not create noise levels in excess of those allowed in the applicable residential areas in the noise element of the general plan or in excess of those allowed in residential property by Chapter 153 of this Code. 5. Size. Cottage Food Operations shall occupy no more of a residence than the lesser of: (1) thirty percent (30%) of the floor area of the dwelling excluding the garage area; or (2) the area permitted by the Department. 6. No Signage. Cottage Food Operations shall not install or post signage or advertisements identifying the Cottage Food Operation at the site or building where the Cottage Food Operation is located. 7. No Outdoor Sales. No outdoor sales shall be allowed at the site of the Cottage Food Operation. 8. No dining. If direct sales are proposed at the site of the Cottage Food Operation, no third parties or customers shall be permitted to dine at the Cottage Food Operation. 9. Code Requirements. While the use of a residence for a Cottage Food Operation shall not constitute a change of occupancy for purposes of building and fire codes, to the extent that building modifications are proposed (e.g. more walls for storage areas, new electrical panel for range) the Cottage Food Operation shall meet all Requirements of Chapter 150 (Building) of this Code. 10. Operational Requirements. Cottage Food Operations shall comply with the operational requirements as set forth in California Health and Safety Code Section 114365 et seq." SECTION 6. The addition to Section 153.220.040 of this Code and the addition of Sections 153.120.250 through 153.120.270 are intended to supplement Chapter 153 of the Baldwin Park Municipal Code. Except as expressly modified pursuant to this Ordinance, all other provisions of Chapter 153 shall remain unmodified and in full force and effect. All ordinances in conflict with the provisions hereof are superseded to the extent of such conflict. SECTION 7. If any section, subsection, sentence, clause, phrase or word of this ordinance 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. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion or the ordinance would be subsequently declared invalid or unconstitutional. SECTION 8. This Ordinance shall be effective thirty (30) days after its enactment. PASSED AND APPROVED ON THE day of. , 2015 MANUEL LOZANO, MAYOR ATTEST: ALEJANDRA AVILA, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF BALDWIN PARK ) I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on 2015. Thereafter, said Ordinance No. 1374 was duly approved and adopted at a regular meeting of the City Council on------—--.. wWW„w_g 2015 by the following vote: AYES: COUNCILMEMBER: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ALEJANDRA AVILA, CITY CLERK ITEM NO. X� � u STAFF REPORT IuVO TO: Honorable Mayor and City Councilmembers , H UBIR,to FROM: Shannon Yauchzee, Chief Executive Off"icei• "s�AN L DATE: July 15, 2015 � SUBJECT: APPOINTMENT OF VOTING DELEGATES FOR 2015 "�"`0 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE — ANNUAL BUSINESS MEETING SUMMARY This report is for the request that City Council appoint a voting delegate and up to two alternate voting delegates to represent the City of Baldwin Park at the Annual Business Meeting to be held at the 2015 League of California Cities Annual Conference. FISCAL IMPACT None by this action. RECOMMENDATION Staff recommends that Council appoint a voting delegate and up to two alternate voting delegates to represent the City of Baldwin Park at the Annual Business Meeting to be held at the 2015 League of California Cities Annual Conference. LEGAL REVIEW None required. BACKGROUND The 2015 League of California Cities Annual Conference is scheduled for September 30 — October 2, 2015, in San Jose, California. As part of the annual conference, the League will be holding the Annual Business Meeting at 1:30 p.m. on Wednesday, September 30, 2015, at the San Jose Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order for the City of Baldwin Park to vote at the meeting, it is necessary for the City to designate a voting delegate. The City may also appoint up to two alternate voting delegates, one of whom may vote in the event that the primary delegate in unable to serve in that capacity. The designation notice, voting procedures and Voting Delegate/Alternate form are attached for review and consideration. ATTACHMENTS League of California Cities correspondence Annual Conference Voting Procedures Voting Delegate/Alternate Form (kar) w 1400 K Street, Suite 400 • Sacramento, California 95814 E 3t „) EPhone: 916.658.8200 Fax: 916.658.8240 � www.cacities.org Council Action Advised by July 31, 2015 May 29, 2015 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference — September 30 — October 2, San Jose The League's 2015Annual Conference is scheduled for September 30 — October 2 in San Jose. An important part of the Annual Conference is the Annual Business Meeting (at the General Assembly), scheduled for noon on Friday, October 2, at the San Jose Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to the League's office no later than Friday, September 18, 2015. This will allow us time to establish voting delegate/alternate records prior to the conference. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a co iy of the council resolution that reflects the council action taken, or have, lewk or mayor sigLi tjLq la xrn affirming that the names provided are those selected by the city council Please note that desi nia in, the votin do ate anti alternates must be done by city council action and cannot be gccom otished try individual action of" the may r Or city r anayc), alone. Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. To register for the conference, please go to our website: www c a.cifles,or . In order to cast a vote, at least one voter must be present at the -over- Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the San Jose Convention Center, will be open at the following times: Wednesday, September 30, 8:00 a.m. — 6:00 p.m.; Thursday, October 1, 7:00 a.m. — 4:00 p.m.; and Friday, October 2, 7:30-10:00 a.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by Friday, September 18. If you have questions, please call Kayla Gibson at (916) 658-8247. Attachments: 2015 Annual Conference Voting Procedures Voting Delegate/Alternate Form Annual Conference Voting Procedures 2015 Annual Conference One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. T Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. CITY: l p w 2015 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Friday, So )ternber 18, 2015. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate ormc voting delegate and a to tivo alternates. In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE Name: Title: 3. VOTING DELEGATE - ALTERNATE Name: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: E-mail Mayor or City Clerk (circle one) (signature) Date: Phone: Please complete and return by Friday, Sc mlcmmmbcr 1.8 2015. League of California Cities A"1 TN: Kayla C,ibson 1400 K Street, 411" Floor Sacramento, CA 95814 FAX: (916) 658-8240 E-mail: kgibson@cacities.org (916) 658-8247 ITEM NO. -� .3 // %��� l STAFF CSF " T /�%�% TO: Honorable Mayor and City Councilmembers klU ,OF 6 FROM: Marc Castagnola, Director o " �" n m� a iiy �Develol 1 Amy Harbin, City Planne SA 6,A6WEL ' „ Suzie Ruelas, Housing Manag /VALLEY',' Shama Curian, Human Resources Manager kDJANU Manny Carrillo, Director of Parks and Conun unity Ser%,ices DATE: July 15, 2015 SUBJECT: REVIEW OF CURRENT APPLICATIONS AND CONSIDERATION OF APPOINTMENT, REAPPOINTMENT, OR REMOVAL OF MEMBERS OF VARIOUS CITY COMMISSIONS SUMMARY This report requests City Council review the submitted Commission applications and appoint individuals to serve on each respective Commission to fill the current vacancies. FISCAL IMPACT Commissioners serving on City Commissions receive a stipend of $50 for each Commission meeting attended. RECOMMENDATION Staff recommends that Council review the submitted Commission applications, accept nominations, authorize staff to initiate the appropriate background checks through the Department of Justice (DOJ) and, contingent upon satisfactory clearance by the DOJ, appoint individuals to the respective City Commissions and adopt, the following Resolutions: 1) Resolution No. 2015-070, entitled, "A Resolution of the City Council of the City of Baldwin Park Appointing Individuals to the Planning Commission of the City of Baldwin Park, to Office Numbers 1, 2, 3, 4 and 5;" 2) Resolution No. 2015-071, entitled, "A Resolution of the City Council of the City of Baldwin Park Appointing Individuals to the Personnel Commission of the City of Baldwin Park, to Office Numbers 1, 2, 3, 4 and 5;" 3) Resolution No. 2015-072, entitled, "A Resolution of the City Council of the City of Baldwin Park Appointing Individuals to the Recreation & Community Services Commission of the City of Baldwin Park, to Office Numbers 1, 2, 3, 4, 5, 6, 7 and 8;" 4) Authorize staff to re -advertise to solicit applications for the Housing Commission of the City of Baldwin Park, for Office Numbers 1 and 2, the term of which expires on June 30, 2015, but for which only one application was received; and 5) At this time the City Council could also consider the removal and or replacement of any commissioners consistent with and pursuant to BPMC Section 32.09. LEGAL REVIEW This report and the associated Resolutions have been reviewed and approved by the City Attorney as to legal form and content. Appointment of Commissioners July 15, 2015 Paae 2 BACKGROUND Pursuant to Chapter 32 of the Baldwin Park Municipal Code and in response to the expiring office terms of seats on the various city commissions, staff advertised for the period from February 5, 2015, through April 30, 2015, seeking applications for Baldwin Park residents wishing to serve on a city commission. These color advertisements were posted at City Hall, Julia McNeill Senior Center, Esther Snyder Community Center, Baldwin Park Library and Baldwin Park Arts & Recreation Center, as well as an interactive banner on the City website. The deadline for submission of applications was April 30, 2015. Applications were received for the expiring terms of students serving on the Parks and Community Services Commission, for vacant seats on the Personnel Commission, and for expiring seats on the Planning Commission. No applications were received for seats on the Housing Commission. Applications were reviewed, residency was confirmed and voter registration was verified as applicable. Copies of the applications were also provided to the departments for review and to further qualify applicants. Because appointments were made to the Planning Commission in May 2014 to fill vacancies with unexpired terms, this action will provide that appointment to Offices 1 and 2 will be for a one-year term, and appointment to Offices 3, 4 and 5 will be for a two-year term. This action will result in `staggered' term expirations which will ensure the Commission will consistently have enough members for a quorum. Attached hereto are the applications for each respective commission, with the exception of the Housing Commission, which received only one application. While the applicant is an incumbent and is qualified to serve, Housing Manager Suzie Ruelas, has committed to re -advertising for applications in compliance with code and the requirements of state and federal housing authority guidelines to solicit applications for Office Number 1 and, upon receiving qualified responses, applications for both Offices (1 and 2) will be brought back for Council approval at that time. Staff respectfully request that Council review the applications and select those individuals they wish to appoint to each of the commissions, respectively. ATTACHMENTS #1 — Summary of Applications Received and Copies of Application #2 — Resolution No. 2015-070 and Applications for Planning Commission #3 — Summary of Applications Received and Copies of Application #4 — Resolution No. 2015-071 and Applications for Personnel Commission #5 — Summary of Applications Received and Copies of Application #6 — Resolution No. 2015-072 and Applications for Parks and Community Services Commission (kar) BALDWIN PARK PLANNING COMMISSION Office 1— Joanna Valenzuela — Term Expires June 30, 2015 New Term will expire June 30, 2016* Office 2 — Kenneth Woods — Term Expires June 30, 2015 Office 3 — Mario Maciel, Jr. — Term Expires June 30, 2015 Office 4 — Nabor G. Padilla— Term Expires June 30, 2015 Office 5 — David L. Muse— Term Expires June 30, 2015 Incumbent reapplied: Incumbent reapplied: Incumbent reapplied: Incumbent reapplied: Incumbent reapplied: New Applicant: David Muse Joanna Valenzuela Ken Woods Mario Maciel, Jr. Nabor G. Padilla Shazia Marquez New Term will expire June 30, 2016* New Term will expire June 30, 2017* New Term will expire June 30, 2017* New Term will expire June 30, 2017* *Because appointments were made in May 2014 to fulfill unexpired terms, this action will provide that appointment to Offices I and 2 will be for a one-year term, and appointment to Offices 3, 4 and 5 will be for a two-year term. This action will result in 'staggered' term expirations which will ensure the Commission will consistently have enough members for form a quorum. RECE1900 PLUASE ATTACH A CITY OF BALDWIN PARK OR 3 0 201 CURRENT COPY OF APPLICATION FOR CITY COMMISSION A UTILITY BILL AND, eny op VAjjiWJA PARK A COPY OF YOUR And CIO 011f 9go OpAlvamw "OHOTOID" STATEMENT OF QUALIFICATIONS",.-.—.–,---.� _— APPLICATION IS FOR THE FOLLOWING COMMISSION: PURSONAL IN17ORMA t JUM �'s 4 Residence Address_' Length of time at this Address: Home Phone Wo,-�!144- oeluMassage Phone Are you 18 part of age or Are you registered to vote In the Clty Of 1381dyAn be, you cLirriengy serve as an elected or oppoIntetpfficial for any board and/Qr agenoy y-Allf(i 1110 (' %Y Of 1181dwin, PaIR? if yes, name of apnoy and qg EDUCATION,7 a 9 1t} 11 12 High School OraduatO? Greta Hialiast orade VOU Completed: 1 2 3 4 6 6 EMPLOYMENT INFORMATION / EXPER181SICE1. Cl"F 764"VrJ REFERENCES: Plosso provide the nal"S of tNy() (@) persons, Nyho are not City of 80MAn pork Elected or Appointed Officlols, and who can comment on your (;apAb1M10$ and 0110f8et0f. IMPORTANT: Read the follovilng carefully and answer completely. A conviction is not an aujorriatin bar to appointment. Each case Is contlidered on Its Individual merits. [fAVc- you liviaR BEEN CONVIOTED OF A FEWNY OR MISORMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?2�� if yes, please list all offenses, date and place of 001100), and sentencaffine recOlvfld: Aqlit4oWi.Eoe,Ff.it--NTtOURInFICATION; I understand that Upoll riling, ON 11111AiGgtjQn t)jC,0rm$ o pqWq r(urd. IcallifY waterpuflalty of P01jury tinder the a%W of 11W Winne of ORIAMIA IbAt 1110 f010901119 �va ond valfoit C" 1) Signature *(/Votor Registration Verification: Roside,noyverificatim 0 yes ®No Dato,., Yes No Residency veriffoation: E) Yes 0 No Date:- Appointment .. . . ......... Residoinvedfloation'. 0 yes ONo Date: Term rR NRIM Commission Requested.'j—'Le-I j,qLqC I. OK t,iso tills space to Hst your goats and oj)jectivas olltil wily yoga fed you should be oppoliltod to the coinmisslon for which you are epf) jjIg. pl(. ,ase 11gjua da ny ti(l(litlowl.informatIon you feel will be l bonef1dal to the COVIII(Il III wnsldnrtlon of your OPI)OMM011t, tO this cOMMIsslOn- Signature Notice: Please be advised that you and your qualffloation-9 may be d1gaus'sed PY the MY Council at an Opall meeting. This Application alld StOtOMIlt of will bo kept oil filo for two (2) yw"Ir'l, Ouring tills titile, 'should a v000nq ocatir h) t1le commisslon for WhI011 You [love roquostod cc msIderation ofoppointalont, yr ur appY0811011 vv/11 be Included In tho pool ofolviloants pwided howevol; IhOt yousubmIt oulrent p1pof ofIvAlow"'), at tho (11,00 of sal(I Ivoitiffinont, Foltura to pj,()vIcio cumnt proof ofrosid6moy Witt) Owl) 1*0raftment MY h1validoto this oppilbotlon. David Muse planning Commissioner As a planning commissioner, my goal will be to maintain the family feel of our community while still encouraging new development. The new Roem Development will be a great opportunity for -Baldwin Park to shine as a community with the close proximity to our transit center, city hall and downtown area, I forsee more businesses looking to move to Baldwin Park. As a Planning Commissioner I will continue to always do my homework and personally make a visit to any new applicants that come to the planning commission, I find by not just looking at a site plan or reading an application, but instead actually going to the neighborhood where that business or residential property Is proposing to build or make changes is invaluable. I am able to see how that applicant will affect the neighborhood and if it is a good fit for that neighborhood, i take my appointment very seriously and try to pass that sense of responsibility to my fellow commissioners. Decisions we make will affect our community for a very long time, also want to monitor all the distilled beverage applications that have Increased over the past year, This past year, our planning commission has seen an Increase of conditional use permit applications for the sale of distilled beverages. it seems our hands have been tied as to whether we can approve these applications due to the territorial boundaries set forth by the Alcohol and Beverage Commission. My goal will be to monitor these applications carefully and diligently work to maintain the family feel of our community that makes it so special. would be honored to continue serving my community as a Planning Commissioner If i am to be reappointed to this position, "1 9�p/ S-'VYA �w�� " ^ . ^ . . / / , . , . . . " . . ^ ^ ^ , . ' ` ' , . .. .. , .^ ^ . . ^ , ' , ^ . ' TO �AfiT rut � 1 Unit; AD Apt 0, 2095 �A102 is 24 Maur service 1.400.427.2200 En,*h 9.840342 4&4S EspetFol pAl.G1NIN, i�A1ZK A X17 -0317 4 -SOD 0ZO250 TTY } 11rr 1 �cr y rte,.90001goo com HH L�7 Apr24,2098 a�iratle1t 1' tdd,�tiRG1d $46.91 'iFtANKY4�I 48,1x4 ?UR $33.91 Total "ourrd clsvy 61t'Charges $33.94 ri te: r3R-1 Woanll 1 ClrmaLeXone: i ith�Altapvana: 99T1rt itn9 rrraf�rtttartbzr; _ .'(M6X1sohadAdnddafeMay f20fb) Owle; 21 rr dl Wrk�a r ray �srr rx • x err rojefTblrml �1 to-ONOV16 20 2Q42 2D13 29 1.040 � 11 Otfarw, go trkcrfw,r .0 Days x .14 _ 4.T Oat SoMw (Wab belsw) 3U'Worm3 1prrrrbum $,Offl3 Cri�aga 971d,g4 dLL Am i w* 111 dt0 0 lrlt" 0 $9 , 11 Ila�4r�d d��0(1 r1tC'ry � 3'1•�1h�� 1� ._. 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" 1AWMA 0 ISA $ l O 66111(de ,, (;E t%s .pr "'W6 6il l ,l litrrrlbor A ys !p "0 a�ctr WO brrllfs Idla1irdrli ouf d 61 eyratodri �elarytF 11 eoc 1.11 cr1r O�b, H �"r'-tOt� otrrrltll'�e 1 Ot1k0 tip t0 Hn tllo0�O&61 f dr rrr rr1 0611^ 1rJ l . rr�frarld�llpr�Oh#p d�r�� ��sr���r °s `� �rll0ddddy Er1�l �f 1k��1tt pr ve I m oug p9419045AMBUW DUO Yb t o tt = PARK 6A MYNA 44 .. 0699190014 10CEIVED �A CITY OF BALDWIN PARK 79 APPLICATION FOR CITY COMMISSION AM �0 rA� I And STATEMENT OF QUALIFICATIONS A flf t� tfccft0lt t r �itr ect for oach c rrt�ttta POd �r � ��t�i 1lmm.., �� APPLICATION IS FOR TH9 FOLLOWING COMMISSION: t A PERSONAL INFORMATION', Residence Ad��� l dross._�.n__ E-mailaddress °moi co Length of time at this Address; Home Phone No,-.-. e 9 Phone Are you 18 years of age or older?'. — Are you registered to vote In the City of Baldwin park? ' °P c ��.Park? Do you currently servo as an elected or aplolntol official forany l or( ondlol Saoy flhin the Cit of I rlwdl If yes, nawle of agency and posh!ott,_t2xC EDUCATION: Circle Highest grade you completed: 1 2 3 4 G 6 7 8 8 10 11 � High School Graduate? IA 1`irItt;r t t��rtt7�" f'aif ttfr t .)e,t1N 1.,.1 VAWeI, k.'uyftl lietl'lot; f Uf crraf �1 ,r�toff r, rr ° EMPLOYMENT INFORMATION f EXPERIENCE; ,tet 0(« v) 4- REFERENCES; Please provide the names of two (0) persons, who are not city of Baldwin park Elected or Appointed Officials and w to can comment on your capabilities and character. Gy2'� IMPORTANT; Read the following carefully and answer completely. A conviction Is not an automatic bar to appointment. Each case Is considered on Its I010dual merlls. �o�� EtAVE YOU EVER TEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR'rRAFFIC VIOLATION? If yes, Plcase list all offensos, dale and place of offenso(s), and sentencelfine received: U Dato ACKNOWLEDGEMENTl0EI2TIFICATION: I understatttl that upon filing, this appilostion becomes a publIG MORI, I certify (,dor penrally of poftuty undor tho ovjs of the state of callfomlu thal lho foregoing ° Is true all coifed, �• Siena t.Ilre_.. 2i.`.:,"?: Votor k4stration Verification: [A Yes 11 No Residency verification; C1WrvYes Cl No Dater $4/ Residency verification; D Yes ❑ No Date; _. —.-­.._. Appolnfrnent data; �._ - .— lt,csidonoy verification; CJ 'Yes , O No Datong % Commission Requestech_ Nat)io� _q_.�L .STNf r= MERL Use 1111p space to IM your goals al)(1 objectivos vVid Why you f0c,,l yoki stjoWd be appointed to the Cornmisslon for winch YOL11 are atIply1r1g. please Inolude any addltlonal IrOormation you f(�ej will be belloficlal to the Cow1oll III 001111deratlon of your appoh)(melit to this c01111111,9510T), Notloo: Please bo advised that you and your qualifloation-9 may be discussed by the City council at an open meeting. This Apl)lluatlon and S(afoalol)t (,)f (m11fil/f/c4ition will be koj)1 on No for two (2) Yeal'S". During I/i/i f1mo, shOUld a V00afloy 00our in thea commission for w1ijol, you have requosted 001,181deration of yet)). OPI'Acatioll will be Mcludod In 1:110 pool Of 01,Y)YOMIS PrOvIdod Ilowever, Mal You Sublillt cul -cool 1)1*00f of residon cy at (170 t/Mo of said recrultinent, Failure to Provide c(Ol'Ont Proof of 1"OsIdolloy Willi Oq(",h roorultmont will invalidate this application. Manage Yotlr Account Account Number D pus Pa BOX4006 ► t ACWORTH, GA 30141 �-8008 Change your address at EnvoLoeumT-�� �.1 m� KEYLINE 1111111111th,111111111►till il��[hI►liuil�r[u�ll JOANNAVALENZUEM Ii 13ALDWIN PARK, CA 81700-2380 See Where YQu Use Data The Most We know It's Important to have tools to help monitor your usage, That's wily we've created the now Data Utilization tool In My Verizon, Now you can easily view your data usage by category. Visit vzw,com/dalautilization. Quick Bill Summary Maros — Apr OG ProvlousBalanco (sea backtordefalls) $227,78 Payment -- Thank You —$11138 Balance Fonvard Due Immediately n $110.30 Account Charges and Credits Late Fee of $U0 a! IncChargesludes _0 Monthly ..�....�..$18.00�.m.._. ._.�_ Vell�tn� roless' Surolnargus $2,81 end Other Oharltos Cfedlls .. _ W _ _.._..._ --� Taxes, Governments[ Surcharges &Foos _ _— --- _ .------- $112 Total Current Charges Due byplay Oil 2010 $110,43 Total Amount Due $232,82 Our records Indicate your account Is past due. Please send payment pow to avold service disruption, Pay from Wireless I Pay on the Wel} K JOANNAVALENZUEIA �tl'�l..Li4�ll�'if'A1t6�, CA 9i70f1--36 Questions; UW BILI Date r AlrrllwL/ tl Account Number Invoice Number nGexgra Total Amount Due Make el,ack payable loVerlzonYfifoless, 232��Z Please relurn Ilnls tomIt slip with Pnymont, sD El F-1 - EJ 1:1 PO Box 600108 DALLAS, TX 752660108 11,ril�l�[111,1IIl11111,1►►Istill Il' Check pore and fill out the back or ims slip II your Wiling addross Inas changed or you are addln'rg or chofiUing yo, r.,erlall address,. NOTICE., Dank account and rouling numbers will be retained to enable future payments by phone or online, To opt out, call 1--866-644-0401, CITY OF RALDWIN PARK APPLICATION FOR CITY COMMISSION And Rli-CEIVED TIONS 1 3= STATEMENT OF (L1ALIFICA _ APPLICATION IS FOR THE FOLLOWING COMMISSION' —� --� nj so oa/foyPrrflorf is r rrla o for each 1rrrrflr sP� , .._ ....I Ota tirti� I1 PERSONAL INFORMATION:� raw rtC fir d f l�'/blfi f ResidenceAridr°ergs l-. ...__ _....... Length of (fine at this Add:': �ress0' ' moll addiws: Home Phone fro, CelUMessage phone Are you 18 years of age or oider7.. Are you registered to vote in the City of BaldvAn Park? If yes, name of agency and po0lo¢1:,__ M.. Do -you currently serve as an elected or oppoinled of fc al for any board and/or a ono Wthin the City of Baldwin Park?? EDUCATION. Circle Highest grade you completed: T 2 3 Q 5 6 7 8 0 10 ell High School Graduate? EMPLOYMENT INFORMATION I EXPERIENCE: Rr FERENCI S: Pf osse provide the names of two (c@) persons, who are not Cfty of Baldwin Parte Elected or Appolnted Officials and who con conirnent on your capabllltles and character, IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automaiio bar to appointment, Each case is considered on Its ladlvidual merits,ko HAVE YOU EVEN BEEN CONVICTED OF A FELONY OR MISpi"MEANdR OTHER THAN A MiNOR TRAFFIC VIOLATION? If yes, please flat all offensos, data and place of offense(s), and sentence/flne received: Date Rosidetr.oy verlf"icatioti: Yes Residency voxlfication: Yes verification: 11 Yes ACKNOWLEDGEMENTIOERTIFICATION: I undorstand that ru0l'1 flling, ibis a�+pllaatlon becomes a pubilc rrroord. I rtlf� (rrlder ponalty of I)orlury idler 11101aws of the State of Callfomia Ihet the foregoing Is Info and carred, 81 I t I re [� No Date: d No ate:d Date.- EJNo V Votor Registration'Verlfioatl= 9 Yes ❑ No Appointment elate: Term expires:,_.. EM Commission ROO IRly+ Use this space to list yo n• foals and, oi)jootiw(-,s rjnci wity you fool yotr should be a g>ointed to the Commission for which ou aro ,,)plying. please inclu(te any tiddillonal information you feel will be baneflokil to this COL rkoi In oonsidorallon of your ala olritirlent to tills oolrtmh�alon. I V) Q R1<, -�Oa . )00 Notice. Please be advised that you and your quallfloatlons may be discussed by the City Counoll at an open meeting. This , ppilcation and StMemerat of t uallficatIon wwlll he Deptoil NO for 11410 (2) year's , l rrrlr g tills tlrtre, should a Vocanoy 000111' In tiro corn misslon for which you havo r riuestod consldoiNlon of appolrrtrrrefrt, YOU"appilcoticrr will bre Included In they pool of applicants pr°ovlded howw vor; that yotr srrj)tpit ctrrront proof of pesidcrrcy at tine tlrrre of sald recrallmonl, l�allcrre to Iarovidb ct.rrr rrt prof of rositlerrcy t�wltir oacir recrerltrraer t lil irr� ailciale tirl application. _._... g n'. fast, easy and secure. hr 2 Go al)611ess Ell ,rws0e.00"bPllirg. it's • sC)unlliliN CAl.tFOHNIA 1, , oX600 your electricity bill 211"F -1i EDISON RM01 11, Wilt CA 91771-0001 wOOCIS, KENNETH D � Pag9 i Of G A Y.101 0NIN"�"IIRKATIONA1ACotopAlly 4�wod4'�,�c �ro,GtaCtt x x www�r""' PrS d Y s h q �, w.�•M�6 y d yV yq+�yw y t b .. iiV k d yY k wlt�ti'syPy %S a� d' 1 y , 0 �N 1�$'3,�3�r°����� y�ane�,rv.. ppay� 9y�y Y N T ' w 'y �� 9 'n4 t�.l H,111✓ P1°��S11 a . 1�91111�tI r��� �)'v1t �a�1i�t1�1�rB� � . �� z , •- .. 2 � . ."1ti�1 ,y pp }.� 'iK.�1ya�k1 Date bill prolorartl1 16,: ,a, � ��3 D ,` Ild'PAR , ,, t etatl.l , otttrl 0 Group l` 0 'I r 4" a u •, eW,�'F� t ^' k • • ,.yam®«.« ,c"%� YoLir-acco:wnt,sum %ary , 'A't�t11�1�r� �t1 yo�11 �I�riMw1991� � m �:'^ �1,b al°,a�lilotli'�� ybu awe:by Apia 6 tl tea ,, a Compare the-elbctridly you are using For muter . _,: `rdm rob 12'15 to Mar 16'16 Total electricity you used tills oonW In kwll Your dally average eloctrloity usage (kWh) 2 Years ago?$3.93 Last ybar: 32.06 42 28 14 0 $143,76 e IT $1'14,23 This year: 26,91 Your next bllling cyclo ►v111 enrl on or oboul•Apr 16"1& Bel Feb Mar Apr May Jun' Jul Auo sep r,acr ivov uec vn t + %... „ y3 114 'i4 '14 'i4 '14 '14 'i4 "'14 '14 '14 'i6 '15' '18 ' No dale avallabla aj)jq to Please ralum 1110 payment st b below NVIth your � Mow �owlit for 10011011s, mkeYO � you can I Pay online awlty� � l �rexon), l dlson. Tear here (14474) Tear here If you tiranl to pay Cn q Mr. Y �. Y �n�k' P vY�''•'"Y �1 R CITY OF BALDWIN PARK op'APPLICATION FOR CITY COMMISSION APR 2 $ 70i� 5 tl.1.1d 1 M "tM L rii 'i, And 011Y 01~ I)ALO" IN PARK I71ry 4I~` (�UALII✓ICAT1f�1S_ _..... tct�wawII1 °1Ir:... ft APPLICATION IS FIaE7 THE FOLLOWING COMMISSION,-------)- A so/�ara e r do a c r l ✓< c l�?o fob s rrrrr f l`o f %� �� .. .. ........ PERSONAL, INFORMATION: Nance; JA �._. Residence Address.. 4 y �'A1 Length of time at this Address: E-mail arJclress w �w Home Phone l fo.r Call/Message Phone No,—Are you 18 years of age or older? Are you registered to vote In the city of 13aldwfn Do you currently sore as tin etected or appointed official for any board and/or agency within the CUM Baldwin Park? . mmmX .�.� . If y"es, name of afloncy and Iaosiltop : + t ? + C %4th a*a tr. a EDUOATION: Circle Hlahest4rade you completed; 1 2 3 4 b 6 7 8 9 10 1112 High School Graduate? G•E p ?�- — --- EMPLOYMENT INFORMATION ! EXPI;RIENC1r: REPE"RI NCES: please prravlde the narnras of two (@) persons, who are not clty of Baldwin Paris Elected or Appointed Officials and who can connmont on your capabllllies and character. i,tL-fAe % Ak---4V4-- w IMPORTANT: Read the following carefully and answer contp[eteiy. A convlotlon Is not an automatlo bar to appointment, Each case is nsfderod on Its Indwvddval merits. FIAvrt You EVI In SEEN CONVICTED OF A FELONY OR MIsDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?_ '�_-- if yasq please list all offenses, dole and place of offense(s), and sentence/fine received; ACKNOWLEDGEME 00FIRTIFIGATION: I understand Mal upon Illtny, this dptieatien beconjes a publ[o reoor'd, I corlify under pennity of parlury Lander the Cam of the NIM0 of CAWMIA that the foregoing Is trace and orrool, �.., date Signature a k i.74 x!.� ...,�.. 15°�o x r{, a< i1is.. wi I UW -77A �"._�_�._..W�........,. Ztesldencyverlficatiosa: E) Yes El No Aate:_ ��VoterRegistmtlon'Verlfioatfon: 11 Yes ❑ No Ziesldenoy verif cation- El Yes ❑ No Dater_ Appointment date: verification, ❑ Yes 0 No Date ., _ Term .1, - " commission Reqoested:—, A1A11M9N1,QE-O.VALJ-r-1P �TIWLS; Use (Ills space to Pot your goals an(] objectives 1RI)d Why you feel you should be appointed to the co,11,11ission for willch you are applylpg, J,,)leaso Include any 1c1(11tjonal 11,)fon-natlon your feel will be beilOfICIal to thO GOL111011 10 0011SIderation of your oppoln(Illent to tills 0011)"AsslOn- (All mw�ra- J�— At4 Signature - r Notice: Please be advised that YOU and Your (Jualifloations maybe d1soussedby the City Council at an open meeting. cl� two (2) YOO/w, Dul'ing this IM10, shoUld a This Application rind Statement of Qualification WN ho bolt on filo r Vacancy occur /a the corn 71171"sloe fol, W111el) you Dave 1,equestod oonsideinflo') of oppointmont youl"OPP110ation will be Inoludod In the, pool of OPP11cilits provided however, that YOUS"bMit OUIMPt proof of res1doncy at than flow ofsaid' woraltinont. Pallure top1-oWdocurrent proof of i-osIdency will, Oari) 1,00ruittpet)t wIllinvalldato this application, _r� -..�a:-w .,.. :.n. .•r : s,� ..; .,.-, paperlowat vvw , 00X01`01WIling. It's ft1�,t, t ' �,jnd soo uClo ' 4 tlT�t"ticrd« R (.'AI�.RI� R -N1w4 Y u l l y p' bll i l wstfno'.A, CA ,l rAu �IM '�a°1lll �t��at qO d '0 0 1 W V CII�LMA I"g' M UNA1170 TA \O11MIV MIA') avbQ0,00111, TA, er a.,aw�x.,,..,: awarvvs.zrv, r++..^srvvenv—+.*•^�^e....,,�w.w.ww»��'x:sr� . n,m".ww.�mmmc""'"`sx'.e�.mrnwnu�.t'..t�iM',i�k�«wrver...rr�war,Y. yW"�anrr�aru .�.�� x!T. FM �. •::-,::, .v�R��.`.e.^.rr: v wTmiH4wMxMYw^✓M�✓vneu.w,ww.w.t...,.ntmm+MMAi�opry}wn.....w.arowww�w�mu'irys. �w �.mrmnxrv�n��ww.u_n-rrcuy--.... e For blllIng and selvlce Inquid0s call 1-800,684.8123, 24 hrs a day, 7 days a week data bill prepared: Mar 20'15 Your account summary Arrlount of your 1a,wst Loval Pay Mail (WO WH r� y111a11t vo r celved oil Mar 06'113 - 11V111' YOu Pnwilr1111 V)n r e^r:Ivn(I oil Mal" 10'"15 - thallKy k1 Customer account 5ervica account I f ..1 BALDWIN PARK, CA 9170 " Rotating outage Group NOW LFP year to date $11Mrnary – Month #B $308,00 8oglnrling plan N,40000$23 99 -$184.00 Acfvof amount blllorl $8GD Gd 41 181-9(1 leo nlcrrl nocoltrc rl - 1 1 00 ��tc€car�llaalrrl c aa00ld"M W1 "w""ra,�pr I t'f� at�r�ullt , "I1p00 Total amount you owe by Apr VIS Compare the electricity you are usIng por nionor 222010-288469 from Jars 23'15 to rob 24'15 `i'otal oleott'icity you klsotl t111w1 month In kWh Your dally overage electricity usage (kilt) 2 Years ago: 28,03 Lost year:17,81 Thl$ YOM 15.41 66 37 is 0 493 t3 14 I14 111 X11un Jul 4 Set �l '14 14 '15 '15 1 1T 1 14 9��114 � f your l,owol Pay flan 1110tit1l !s d(jo W110,11 YOU rocolyo yc(rr /)///.ff your account b0comes past dve, YOU rrtOy no 10motbe Gllgl15/4o fry porno IM1d 10 tlr I)AVAIM your next bllling cyclo vilff end on, or about Apr 24 '16, please wour rkyolulit and lnakoyour cIlcck laayablo to,9oullf"m 0011eOo Wlson, IIyouwrrtbto payto onol) ca11,1.100747.8908 for Wallow, or' you A pay 6010 Tear here 14-5141 ...w , .Tear ljorP. M. «. , .. �urrrttr_rry c+etln ,t, Customernccount m.. a + I I � Please yrril& this number on your Check, i�alto Your „r S 0check payable 10 Southam« ullfofnla e(lisam 6TMT 43202016 Pit CO2 T0037 4062N 01 AT 0.4430 0021 fill I111[III 111111111111ikill [if 111llilll III [III I111111)11111111j MAg]Et..,MA 0— , 13ALDWIN fiARK, CA 9 1706-57 01 Amount dUe by Apr 8'95 �18f1.U0 Amount 00 000 ��...... .._.,,., .W. ..._r._.., . ._ P.O. BGK 600 ROSEMEAD, CA 912 71-4001 as 'JR5 7932 070DUS1160 anonnfinoU[ll]i U184nonnan non -- - - --•--1_1-:112-, - 10- Fnn+ A^ntr -nnr1 eoflrlYO CITY OF BALDWiN PARK � APPLICATION FOR CITY COMMISSION And t��t ty�,lI N PARK '� A,.� ` r�'���`"1►'����q�°*:�ia� cel" Vin.s�,i ��i a,e: ..� ti' �'.tii tt,. all &h•.t^iMi STATEMENT OF QUALIFICATIONS _... _. l3 �-AAMIP APPLICATION IS POR THE FOLLOWING COMMISSION; r5i VA)(Aso , rafa rr 1/ca ftaota !s r.o tr/rod for eacheach c rrrrlr/ss/orr __�_.... PERSONAL INFORMATION: Nany Residence Address E-mailadd'ross ,, � 'a,� t r:t..,7a .L " I,engl}t of time at this A�Iclrr�ss .� .. ,�..�:.,...m�,.�„:_._.. _�k �. n..� " . �. T . .._._.�. Home Phone No. -AZA _ CelUMessago Phone Are you 10 years of age or older? ,...._ r. Are you registered to vote In the city of Baldwin 1?a¢k'� _................... ..... if yes, name of agency and positlolt,.J, 2.1_ , i71)�yj- Imo' t : ? Do you currently serve as an elected or to �olnto�d o lciel I an board and/or a enc wllhin the CI iy of BaldyAn Pat Il Y g Y EDUCATION; Circle Highest grade you completed: 1 2 3 4 G 6 7 8 9 10 11 12 High School Graduate?. G.E.D.?- 141/ EMPLOYMENT INFORMATION / EXPERIENCE; REFERENCES: Please provide the names of two M persons, who are not CIty of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT; Read the following carefully and answer completely, A conviction Is not an automailo bar to appointment. Each case is considered on Its Individual morits. HAVE YOU !EVER. SEEN CONVICTED OF A FELONY" OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?J� If yes, Plonso Ilst all offonsos, flute and place of offonso(s), and sentonce/fine rooel'ved: Residency verification: O Yes Residency verification: ❑ Yes iosidono"v verification: ❑ Yes ACKNOWLEDGEMENTICERTIFICATION: I understand that upon Illin fl, this op pifoatton becomes o publlo record. I a;oatllty+" under p0110tyr of p(lrluay widar ltl lana s of tine State of Callfornlo that the foregoing Is true a cl root�ly .. J D No ])ote...... .... U..W D No Uato: ❑ No iitate: V Voter Registration Verificatioir, U Yes ❑ No AppoLttment date: Toren ot)ires: Name Commisslon Requested Uso tiJla sPoco to fust yOur gaits on(I ol)jr�otivos ant why you feel you should Igo af)Polnted to the commission for whioli you WO at)iaiylrjg� pleaso Ixsclude any additional Information you teal will be I)onofiokii to the Councli In considorotion of your apisointment to this commisslon. Q ,s r Ste; r ))) A-L.— x gnature Notice: Please be advised that you and your qualifications may be discussed by the City Councll at an open meeting. f hhi Appllcetlon a rrl StateMont of QUallfic,911M will be lcopt on No for two () years. During this t1mo, should a vacancy occur In the corr7misslon for w1itch you have requested oonsideratlon of appolntrrlont, Your applioallon w Nl bo lnoludod lig the pool of applicants provided however; that you subinfl: ourront proof of"roslrlenoy at the tf ne of salol rocruffinent, Falluro to provNdo current proof ofroslrloncy with eeaoh roorultrr ent WN Involldato thls application. � � ^ . ^% " . - . ^ , ` . ` , ` , ^ ^ " , ^ , ^ , . ^ ' , ^ � � ^ . ^% " . - . ^ , ` ' , � v " ^ " " CURRENT COPY OF APPLIC f ION FOR CITU' COMMISSION A UTILITY BILL AND And A COPY OF YOUR PHOTO ID STATEMENT OF QUALIFICATIONS .�.��...��...�..�..� rlannlnAPPLICATION IS FOR THE FOLLOWING COMMISSION: •- -r Axeraarrfo niPottflrr is trJtr o1"aw ►rls�lrar PPIRSONAL INFORMATION: Shazle, Marquez _ ilrarno_ .. , Residence Address shazla,metrquez@gmali.com Length of time at this Address, E-mail Home Phone Flo• 626., Celltmessage phone No ... ,, ' Are you 18 years of age or older? y85 _ _, Are you registered to vote In the City of Baldwin P ark'ry@S _ I i, l 0 .g_. Y in Baldwin Park? if es, name of agency sand I�rrsElionn y of Bal Do you curryanEiy serve assn e.oted or t� r soEnterN official for anygboard.andlor agency mm� .Ny`n y c within the EDUCATION: . �.�_.. ��... _ Circle Highest grade you completed: 1 2 $ 4 5 8 7 8 9 10 11 12 High School c�raduate7 *,�� 03.1;,0, AEFERENCI:S: Please provide the names of two (a@) persons, who are not City of 11810wln Narrc tiecteo or Hpporntiju %imuscl- ttl lu ril+v can comment on your•capahlllties and character, IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic bar to appointment. Each case is considered on its Individual merits, ��hh HAVE YOU EVER DSSN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? �J if yes, please list all offenses, date and place of ofifense(e), and eentenceltine received: Ar KNOWLanO CNT( Rl.(FI AYIONa I undorstsatd Haat capon flllrag, tilts rrpplicottort becorWorr a public record. N cWify 011der treaaotty of taor)aaty un(tor Ilam loris of Ilao slsto of Callfornla OUR o forogoing Is tru a tI coned -1 Date bat�[ t1BtOr y n: c b;�� r�*.a;. ,�,,; s,., - . t v': " t^ . a �• v a M t;,�, f•tht� $ r �4„9�#�,,.� ;4 ",a# a#„ �yi'r?,, ltasldency verlflcatian: Q Yes 11 No l7ate:m,�� �.M„IT�_. �4 Vater Rogistration Verificallon: �' Yes ❑ No Reslderrcy verification: d Yes Cl Na into .... _...... Appointment date: Rmideairy varificatlow n WA F1 Nn hate, Terns awirem, ���iawne_��� ... ... Commission Requeat,l w . �I 1A Use this space to list your goals and objeotives and wily you tees you should be ap ointett to the commission for which you are 0PPlyin i. Please Ineludo any additional information you feel will be bonotielal to t11e Cor111011 In eoneldoration of your appointment to tills commission, c All .. \"1 Dato° �l'n��t�Nre Notice. please be advised that you and your qualifications may be discussed by the Cfty Council at an open meeting, 'f'hls Appiloation and Statement of+ crtrlfffcatlon gill bo f(ept on file for two ( yowsw During tills tlnao, ,should a vacancy occur In the cornrnisstdn for winch, you Irave iequest rd consfdoratlon of appofntrrrent, your appllcallon Of be Included In the fool of rwrpplfcXrnts prOvl fod ho evor, thf)t you sr,rbrr°rft curront proof of residency at 010 thno of salol r°ecruitniont, Falluro to provide current proof of rosldenoy will, each recr°rrltment will Invalidate tills Shaxla Marquez Planning Commission April 22, 2015 My name Is Shazla Marquez, I am 25 years old and have lived my entire life In the city of Baldwin Park. I went to pe Anza during pre-school and then moved to Elwin Elementary school from kindergarten until third grade, After this, my parents placed me St John the Baptist School. I have seen the changes that have taken place In the city throughout my years here. There are two reasons that I would like to be appointed on the planning commission and one goal that I would like to accomplish. The two reasons that I would like to be appointed to the planning commission include, one I would like to be more involved in my city, and two I would like to use my knowledge and skills to help with the growth of the city, if given the opportunity to serve on the planning commission, my goal is to help in the enhancement of our city. As mentioned, I would like to be more involved in my city. I have lived here all my life and would line to give back to the community, Throughout my life I have been involved In community service organizations and events with other cities such as The Covina Sunrise Rotary, tutoring in the city of Los Angeles through the USC Good Neighbors Program, and Kiwanis In the city of Glendora. I believe that I due to my residency in this city I understand what the community wants and needs In terms of planning. The second reason that 1 should be appointed to the planning commission is due to my expertise and commitment. I am an extremely organized and dedicated person. I have attained my Bachelor's degree In Business Administration with a concentration In Peal Estate Finance and Communication and will be completing my Master's degree from the University of La Verne with concentrations in Leadership and Management, Marketing, and Human Resources In the month of August. At the age of 181 attained my Real Estate License and completed a real estate internship with Marcus and Mlllichap in 2009. Aside from my scholarly activities I have worked as a manager for more than three years and I am currently working as a Human Resources Representative, l have a full and complete background In terms of Business Administration. have explored many different areas of business and would like to contribute my knowledge to the enhancement of the city of Baldwin Park. If elected to be on the planning commission, my goal will be to listen to all sides, our community and residents of Baldwin Park, our City Counsel, and Investors In order to be able to create a better city where people went to live, shop, and enjoy activities. I would like to be a part of creating and building a city where people have amazing memories, a place where people want to stay and say "that's my city". I believe that the only way to do this is through being a part of the city, specifically a part: of the plonning commission. hope that you see my skills and assets as a benefit to the planning commission and to the city of Baldwin park. mm "" _ 9t �y FyJ.'piy �JA ( qyp'y,��I p� Yspy �m A+�3'B7dI Ki4.S"A�R 4"171/t Y 4 yl w�C 'i 5 yp�Ntltlyygg .� y c 4 ill A( ^ k. aw.�P�'dawe`Pi�,' bP s��"�fti`y,k" �a kx'# rel 4YM1 y4. Y y i tiaw x n% a r 31MlA 1 ku yre%tp zk Yrpxp'rE 1 Pw tia ri 11 " fxN Yk n3 q v.) �7�+yx � k YYais-coalLz'k �} d" �r yrAlf x �J`.C• $$ 4P' :^ � A 4�4d kip J( �%8' d�f` n <�!'"Ck )OM1 k1A��hP+�3.G ��l IyP4i l"9 fv'vfi4�3t` ski# �iX dMJ3pji �w`M1wcwlh,( O iOl ,iii " rdP MrMM t. •� � xk [ ,t 7- x -- % p 7 r r w E � v u ." x .. rqz �d.^ N�O`k 1 � �� P •'. � Ll �l! k%.r E yS q k " qqy au gg� a t �"QV u° " ql tt p re q q e Kx Hx � k4r,i x �k9 u'�j p 6yY kik �f #I c Axl a rr #...... Cs F "re Ep9 6 �. d_. y 7 f 1 Piy WON #1i 1 PY ��`r v0nek,v �lvlor '!{y �1 x M d �!ep,'�#'.���r .rrap lE re dP " i Z ?� 4WA41 `i�r•��',l�7Mh���d16'tl'"M�Ei�' l31� 9TMrepfi�M(, �l i �wi ddMtl3Mr+kL333�5" 1'$E�wiM43iME s rcal E prIt4� y�a'�" AMU 44'yy dµµ��iyM dwi� } �1�Nfiwpo M 1 ,33'a .. n, ',x� ^� « 6 x M1 I.; }%^, V x t rekM1 .:1" P w .. a a k PO 4P `G` V 14�"}y'•i�w I iO ik�dYshe M`3<wkyPprw�r3�3� '� #M"7�MPAPl�33ir iztariga�s;k�u�3Nti'"ih�MN M MMI M 1� y{kms tt�P d X p4Y#�y 'M..; N Y8''1 6„gL!i".pygi a5 a7"" rre+, Y 4y gr yyr t,;, re 1� z ISM '.z kI p nt re ak n. E. k ui ':k 1 x i s IS k 4 1 t k 4 r s kid"irE'3 ! !F$9" z: .""'x "tli. Y111 3 NOW. '.."'il., ..— a raa..WKS,q. " NAR',r 41 i P-- hr^.;d NOW Tqq� 91 Pt H"L "ky a q np r k 2 t k i tl iP P ififf. cgi E t y i ; i '614?ill .oh? RESOLUTION NO. 2015-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING INDIVIDUALS TO THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK TO OFFICE NUMBERS 1, 2, 3, 4, AND 5. WHEREAS, the Planning Commission consists of five (5) members and members are appointed to a two-year term on a staggered basis; and WHEREAS, on February 5, 2015, the City Council opened the application process for all City Commissions; and WHEREAS, A Notice of Vacancies was posted at the following locations: City Hall, Julia McNeill Senior Center, Esther Snyder Community Center, Baldwin Park Library and Baldwin Park Arts & Recreation Center, as well as the City website. The City Clerk's Office accepted applications from the date of advertisement through April 30, 2015; and WHEREAS, the City Council desires to fill vacant Offices 1, 2, 3, 4, and 5, in anticipation of the expiring term of each office; and WHEREAS, in accordance with Baldwin Park Municipal Code Section 32.08, appointments to Office Number 1, 2, 3, 4 and 5 are made and entered onto this resolution for terms expiring in accordance to the respective term for each office. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. On May 21, 2014, City Council approved the appointment of five persons to fill the unexpired terms on the Baldwin Park Planning Commission and serve at the pleasure of City Council until his or her successor is appointed and qualified, unless a City Council order of removal otherwise provides, in accordance with Chapter 32.03.B of the City's Municipal Code. Section 2. With the advertisement of the impending vacancies, applications were received and presented to the City Council for consideration to appoint to the Planning Commission Office Numbers 1, 2, 3, 4, and 5. Such appointees shall hold office at the pleasure of the City Council and serve for the term as follows: OFFICE NUMBER COMMISSIONER . TERM ENDING ..... 1 1 _ __.m.. � w .. ...... ...-_...�.._ June 30, 2017 ..... ... 2 m ...��,�..�... June 30,...2017.... ._ 3 �.�_ Jun.. a 30,..2016 I 4 .� .... _. ........ . June 30, 2016 5 June 30, 2016 Resolution No. 2015-070 Page 2 Section 3. That the City Clerk shall certify to the adoption of this Resolution and forward a copy to this resolution to all appointees and to the Planning Commission Secretary. PASSED, APPROVED and ADOPTED this 15th day of July 2015. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution 2015-070 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council held on July 15, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA, CITY CLERK F.L., W4, 0 � " F., To! � I I d. Im, Ll I I U. � rsTff Ma m 9 � � 1-0 LIM M., TMI�� I Term Expires June 30, 2016 "Fern') cNI')ires, jm)c,30a�,jj,§ . ......... ... ..... .... ......... —1, ................ . . ........ . Tert, expires)MIC 30, 2016 Teritlexilircs.hMe 30,2016 RECEIVED ........ ...... MR 2 G 2015 rA Ii A CITY OF BALDWIN DARK qtUT11�ILI� t Il.l AND NfT D A ItP APPLICATION FOR CITY COMMISSION CITY OF Am.l�°411PARK And CITY CORK", DFPARTM9f0 A I" ID STATEMENT OF QUALIFICATIONS _ _ FOLLOWING COMMISSION: �—mm– Personnel Commission APPLICA-riON IS FOR THE P I" a )q fr ki-IRSONAL INVORMATION: la Baldwin Park, CA, N JosephScott DeJuit_. ._ l 91706 Residence Address$._,,,.. _. Address; E-mail address:_ Y m Length of Time at this Ad 12 � ahooxo— Home Phone No. 6,.a Cell/Message Phone Are you 18 years of age or older? Y10_S .. ..­-.­...­ Are you recglstefed to vote In the City of Baldwin r'ark? Y0S y y y y I N_-M,�..�.._-- _ —.. y _� Baldwin Park? Do you currently sfarvo as alaN olooh-xi or oppolt,ted official for any board and/or agenc within the Cil of tial If os, Warne of ar o:10 aaacl �osttlon,p .---.----- -� II. Circle Highest grade you completed: 1 2 3 d 6 0 7 8 9 10 11 12 High School Graduate? .... {3.E,�•? LLI Rio Hondo / Whittier,CA EMPLOYMENT INFORMATION I EXPERIENCE: Inter -Con Securlty General AA Dispatch Officer Nov 4, 2013 REFERENCES: please provide the names of two M persons, who are not City of saidwin Park Elected or Appointed Officials and who can comment on your capaWlitles and character. Brenda Calvin Bla IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic bar to appointment. Each vaso is consldorod on Its Indlvktuol merits. HAVE YOU 11VER 8EL— at CONVICTED OF A FELONY OR MISDEMEANOR OTHER 71fAN A MINOR TRAFFIC VIOLATtON7 if yes, Pleaso List all offensos, date and place of offenaa(s�), and sentencelflne received: ACKNOWL900EN ENTICERTIFICATfON: I understand Mat upon dlllrrfl, this Ofpllon:lon becomes a publlo WON, 1 certify under penally of perjury krndor the Of of thor 8loto of California that the foregola9 Is tnm and corfecL w [) to Ili tt1C0 N w rlixi�l?r`rw�� i� as°tC7r Cafrite°f, tiniI=i Residency vers leation. D Yes Q No voter Regtslration Verlfieataon: yes D No Residency veritloallon: 0 Yes ❑ No pate:,.. ......... _,....__.. Appollnllnont date; w Term oxi lres _ w Rosldency verl €3eation: L1 Yes El NO DDI_ r_�. . Je s air Scott De.iulla Commission F�eq(josto(;_PTonnyel Commission s :n mEn,,9 tlo Mals spaee to PFA your oaNsr1at oialeetles 011(i tvi�y yott too9 you should be al)iaol��te(i to the commission for w111011 you wan°e al)i�Iying, i� OM) 111 6,00 eny as t Iltlonal Information you feel will be benotlolra'I to the oarnell Ira conskloratlon Of yor,Nr taplaointiaaent to thS comml sign. Y pp p __.City I would like to see myself appointed to grater res ansibillties in the future with the it of Baldwin Park, Qualifications that I am able to offer the personnel Commission team members are as followed, Ten years of Military Service, Office Managerial skills in Security, and Freight Forwarding, Accomplished Certifications In Criminal Justice and • First Aid. Recipient of the 2014 Veterans Microsoft Office Specialist l FEMA f OSHA 11✓Ir n � p ... _ Award from Stake Senator Ed Hernandez, I also Volunteer with Organization around � wwwmm Baldwin Park and other nnooarby cities, I am dependable and onjoy accomplishing what_ needs to be done, This Is what I can offer to the Personnel Commission ifappointed..._...� � ... tate 6�. "oj t _._. Notice: Please be advised that you and your quolli rlt1tiorrs may h6 discussed by the City Council at an open meeting. "l°lds Applio allon and St atraraaorrt Of Q11011fkation gill ho kopt oil No liar° t o (2) yorar°s, 011111r9 this tlraro, slaorrlrl rr Vacancy occur lrt tiara commission foj° vr111e11 yoll lrtl tie roqueslod consldorallon of appointment, yorrtµappitcratlon gill be lnoludedt in tiro poral of alapllorants provided horvovor, that yorr srrlaraalt curront proof of rosIdonoy gat file tlrrre raf:aairl r°ecr°rrltrrrorrt, l��rllrrre to lara�avlrlo cararrmorrl l�r�aof opt r�aslclrarrcy Drilla oaslr tri°rultraaent t1111rrva11c1<rto t1rC�w applloatlon. To enroll In Aulonialla Payment (Slpn ami dalo bololr) i�, ," ( ����gzw^���sY�l'ra+9��oal�R�ra��tiaP�da��rad� xa i gyp. mt?a���k �yirso 9 Vu w1oa vo 4r1 mmok 00007627 01 AV 0.378 VC0516110031 M 1iAt.l)VAN I'AII11 K GA1 0116A320 111111111111Jill 111111'I1111sIi1111,I1'11'11"11PIIiy11111,uIII Account Number. MOM (haPayable to vlmlzm s ODE[-] ll'111h11111H'IlI'1�1111111111'1111'1ll�Il"1'1'1111"1l'IIn11 VFMZON PO BOX 020041 DALLAS TX 70302-0041 01 1412 1,17211247 04NO0000000353 00000006200 00 I 4 t OL E r LNR �dVPM� X DEJULIA qr , HN JOPW SCOTT ` SF a ' a, 6ALDWIN PARK, CA 94706 °* o0T'1 CORR t INS it , , ��, � •w , �r HOT V-09" WGT 470 Ib �I µ ,tl„•;,�✓ RES 1110912012818L71BE3F(5147• ry F 4 ATTACHMENT#4 RESOLUTION NO. 2015-071 RESOLUTION NO. 2015-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING INDIVIDUALS TO THE PERSONNEL COMMISSION OF THE CITY OF BALDWIN PARK TO OFFICE NUMBERS 1, 2, 3, 4 AND 5. WHEREAS, the Personnel Commission consists of five (5) members and members are appointed for a two-year term on a staggering basis; and WHEREAS, on February 5, 2015, the City Council open the application process for all City Commissions; and WHEREAS, A Notice of Vacancies was posted at the following locations: City Hall, Esther Snyder Senior Center, Morgan Park Community Center, Baldwin Park Public Library, Baldwin Park Arts & Recreation Center and on the City of Baldwin Park website, and the City Clerk's Office accepted applications from the date of advertisement through April 30, 2015; and WHEREAS, the City Council desires to fill the Offices 3, 4, and 5, in order to establish a quorum; and WHEREAS, in accordance with Baldwin Park Municipal Code Section 32.08, appointments to Office Number 1, 2, 3, 4 and 5 are made and entered onto this resolution for terms expiring in accordance to the respective term for each office. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. On May 21, 2014, City Council approved appointment of two out of five persons to fill the unexpired terms on the Baldwin Park Personnel Commission and serve at the pleasure of City Council until his or her successor is appointed and qualified, unless a City Council order of removal otherwise provides, in accordance with Chapter 32.03.13 of the City's Municipal Code. Section 2. With the advertisement of the existing vacancies, applications were received and presented to the City Council for consideration to appoint to the Personnel Commission as members of Office Numbers 3, 4, and 5. Such appointees shall hold office at the pleasure of the City Council and serve for the term as follows: Resolution No. 2015-071 Page 2 Section 3. That the City Clerk shall certify to the adoption of this Resolution and forward a copy to this resolution to all appointees and to the Personnel Commission Secretary. PASSED, APPROVED and ADOPTED this 15th day of July 2015. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution 2015-071 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council held on July 15, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS:. ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA, CITY CLERK Pill III IA 21 BALDWIN PARK PARKS AND COMMUNITY SERVICES COMMISSION *All Student appointments are for a period of one year. Office 6-SVHS Term err e� 1�Ar� � lr�sti���30,2016"'.. New Applicant - Luz E. Mercado — Sierra Vista High School New Applicant - Carla Castillo — Sierra Vista High School Office?-BPHS "1"Grip,piies,.�wrize�,0,201ti* New Applicant - Yareli Martinez — Baldwin Park High School New Applicant - Madeline Gutierrez — Baldwin Park High School Office 8-NPHS [Currently Vacant] Term expires June "1(t, 21_ I !;, New Applicant - Dominique Rubio — North Park High School* (Application incomplete) New Applicant - Metzli Sanchez — North Park High School* (Application incomplete) *Applications were incomplete. Applicants were contacted, however, required supplemental documents were not submitted. Parks and Community Services will re -advertise the vacant position and bring the applications back to Council at a future meeting for consideration. CITY OF BALDWIN PARK RECEIVED RECREATION / C01VINIUNITY SERVICES STUD17-7,NT COMMISSION INFORMATION FORM MAR 2 3 2015 Cir(OF BALDWIN PARK CITY C LURKS 0 1' PARTM r' NT Name of Hlgh'8choof P[.C-*ASE PRINT .. PE-- R- -8, - 0" N" A-- L- I'N" F-0—RMATION: [To be G01111....Mated by Stt](10110 Residence Addroi5. ....... It Age: . . . ............. . ---- pate of Blrth:.86001 security -L—, Name of Parent(s) or Gua Student lives vAth' (Vf Both Parents Person to call in Cosa of Phone ..... ..... oto Appointment Re -Appointment Comments: 4 ( I Mother i i rather ( I Guardian at, aren S 1,(j I W(0 cc,. [ ] Personnel Depal-11110111: [ ] Recreation Director C j Recreation SCOl'OtfilY Student's Non"ie � -2 Name of S L Ej) _or- r� ggq MMMM-0-1) 611 —()-R Graduating Class of__2qwa_ Home Address_ ..... ..... . . ........ Home Phonq_uo Note to Principal: Please provide a written letter of recommendation for the above named student, Principal's Signature March 20, 2015 "Home of theDons" 9600 North Frazier Street - Baldwin Park, CA 91706 (626)960-7741 - Pax(626)856-4050 To Whom It May Conceal, J'addeWhite Principal Alma Canal Assistant Principal . ErleLopez Assistant Principal Claudia Salazar Interim AssistailtPrInoipal Doug Watt ASB Director ft is 0 pleasure 10 writo OAS (otter of recommondtition for Ms, Luz MefcRdo, Currently, Luz is the top 11'k gra(jo studea tit Sierra Vista Higli School. In addition to beltig it top soliollix,'Luz Is 111,911ty I livolved ill a Variety of a0fivities, NVIlioll iodicilto 110'r lCad0,r,4;jjjpaii(j ()rgaikatioiial skills, She bas beell all officer ill five olubs oil campus, itidtidinff, our 1EYEAS o1jJ), lyjiicji is dedicatcd to liclpfiig itudocumented sti](10111s obtain entrance to college and access to financial aid. Collinitillity Involvelnent, 011(i assisting others (rave been comistont theaws InTam" aoadcm to career, S110 serves ill the 01111rolh as it catee'llist fissistalit, helps Nvltll local 011111 -ides, vollulteers as tutor in t1lo 80hool math center,, and even helps decorate floats for the Rose Parade. Luz has my most entliuslastic recommendation to be a Reoreation/Comintinity Services Student Commissioner for the City of Baldwin Park. Sincerely, Ie aeqw Alckio A. Milo Principal BALDWIN PARK UNIFIED SCHOOL DISTRICT Ito vin V11141(lub Mool f I cohitalliao to A I volICY0411111 0 1 Dole 0oll h5vo equilaccoll to Plop rild A And fAC1111101Mth I Me$ ild Ina go, color. CIO ed,019011 I or AM* 000A in NO so, Ito P.1011110A or OMIT. 4 CITY of BALDWIN DARK RECREATION 1 COMMUNITY SERVICES STUDENT COMMISSION INFORMATION FORM M � :I c�e M � e ,mr,rumm�wwn � .mmmsmrvA�nimwm•mymm Name of High S pool Choo I PLEASE PRINT PERSONAL, INF° ISA"nom ITo 6o eoit'ii,t otctd by Stu a Grade:CoW(O . ......... � � Ora��9uatton Year, Name of Parent(s) or Guordlen(s) ' Student lives with: Vj BothParents ( j Mother (j Father (j Guardian r tx E✓ Person to call In ca e of oi'ne, ons ;. ' � � " _�. ,_.. ..w.-__ .... _ �__.... Phase No,:.�._ nature F�ato r , tro t Gtxarcil'iitIcatrtt ar Appointment Re -Appointment .Datol—. .. co; [ j personnel f7cpsrtntent [ ] itecrcriLtaii Director [ ] Reorention Secretary I ,�G , Student's Namc� Name of Schoc GraduatIno Class of )I LOO–t— HoAe A a –N --s-4 Home Phono.1 Note to PrInolpal: Please provide a written letter of recommendation for the above named student. Ax fir City Of Baldwin Park January 12, 2015 Dear Sir or Madam; 111101) 10 of th0 bobs" 3600 Nordl 3~razler Street - Baldwin Park, CA 9170G (626) 960-774]. - Pax (626) 856.4050 J'ackia White PTilloipal Almsl Canal Assistant Principal Tic Lopez Assistant Principal E, soler G. Villegas Assistant Principal W,S' a great pleasure to write this lector of r000mmenclatlon for Miss Carla Castillo as she pursues a I)ositlon as mark Commissioner for the City of Baldwin Park. I have known Carla during her fok1l° years of hlgh sol,lool,m and sl -Io is a great candidate for this position. Carla is an outstanding student who Is Involved in a great many activitles. She Is president of our I EN9 Club, which works to assist undocumented students to do to college, She has organI ecf, coordlnated and linplernented workshops and fundialsers for this olub as well ,*as the Philosophy Club, the Speecfii and Debate Club, and the Spanish Club, Carla Is an I,lonor Roll student who does not let hor busy schedule interfere with her studies, and she is highly respeoted by her teachers. She Is fluent In 1 ngilsh and Spanish, which snakes her an assot to any corn I'll UI1 ity position in our city, She Is kind, porsonablo and trustworthy. community Involvernont Is not now to Carla, in acidition to I, oing a true cormmunity servant in her sohool, Carla has worked with Y01.111901'students at the i ast Valley Boys' and Glrls' Club in their after-school program and has volunteered at the Baldwin Park 'teen Conten. Carla Is farnillar with the Parks of Baldwin Park and knows her oommunity well, Miss Carla Castillo has my most enthusiastic endorsernont for a Parks and Recreation Commissioner. I Ierise cor`rtaot me if you need further Information. 1 especlfully, i -,o e A, white BALDWIN PARK U. IFIEn SCHOOL DISTRICT aIleYIiltRIO Wool ItWIM1llddlaA6P01100hitfiil060019ihtll11RvoWA] 000bi,toq'IoptlulialWfPN111161mitkout14PRIdio491,Color, 01401y nauonolo1elhnloolluln,ha6dlcep,laca,tallat0oilGanda►. RECEIVED CITY OF-13ALOWIN PARK MAR i 2 2015 RECREATION / COMMUNITY SERVICES STUDENT COMMISSION INFORMATION iFORM CITY Of BALDWIN PARK CITY CURK5 DV-PART14VNT ame Ot fgh Lhool btt l° . t p tttfro be completed by Rtatclt:nt) Aix'. ,.... :` .. �...... �� _�. .. . u f lvrite #'iwna leo.-w Massa" Pham 9-malla lrr 7— .._4�, Name of€kirerat(s)orGwirdlaratal— �4 ".,. � m���= +X' Stuckntlivas with: 14 Roth Parents I y Mather C I Fattier [ I Guardian PerBonty ssaii fn arf�srr�o ag' c� �"' :1. � ... plione N% AppolnimentOnto' _ W. l�'.aarsatt�� �aaN , eo: [ I Yersniunei'Depastment [ � t{ecreation i7irector �� ; � cta Secretary Baldwin Park, CA 91700 Phoney (626) 960.5431 Fax. (626) 856-4069 www,bpbraves,net February 13, 2013 City of Baldwin Park 4100 Baldwin Park Boulevard Baldwin Park, CA 91706 Dear City Council Members: Holly Farrell, ASB Director it is with enthusiasm to submit this letter of reference for Ms, ' aroi Wortinor wllo is applying for tine position. of Student C"orrrmissioir 9 whir, the City o.l`"Baldwvin Bark, Presently, Yareli is in irer,lunior Year at llaldwln lurk 11101 School 1 have Traci the pleasure trt'knowvin8 rrreii for the last 3 `yore's ill Illy role as .t'rincipal at: l3mmldwimi Park I11gli School. It is rrry illoasuro to share with you Mlle accomplishments of W "" arell Martlom Yarcli is a Irish llerrornmirr8 stnderrhvlro nraintaiirs a 1`1 IaVorrs acadomrrlo sclicrinle. She is all active palticlpallt in 11timrlerous school chubs and om,gaIlizallons arld also gives tilno to her coinmutlity, oit aim. ttcadcarric level, ` itmwcll ilia ltrtai[is a 43 ctmnrtilative CP& She is oil rol IN] mostly iii advaneed placcnlcilt courscs, "arcli is a immrrbor imt various clubs tmtrd organizations: AV'W Clob, California Sclrolam°ship federation. (CSF), National 1101101Society, Caf6 Cr�littrro Club, she is the oditor ofthoKey Club 1lrtllet114 rrrrd is tile, onrrontl oy Cltib Troasnrer, Further, Yard ttctivcly voltimrtcors at Iyer clrrrrcir, l lom.° amr l:'rrrk, and attire l3aidwin Park 'l een Center. Sire, was tiro MAPS College Fair orga.rriror' and volrrntcor°s as a wrath tiltor at J aldwinPark 1li h School, J.?ttrtherinore, Yaroli is bililr rral in English and Spairisii, a grtality thtrt is benoficlat for oily commuirity, Notably, Yarell Is the recipient of several mards. She was the reolllent oftho Brave, Distinguished Solrolar Award in 2012, 201.3, and 2014. In addition, s ze wtts awarded the AVJD Rxcellence Award 1112014, and was ranked in the top five of her class in the 2014. It is my pleasure to reeorrtn crrcl lis.` arell Martinez, for yoklV coirsideratiomr as a, viable camlir into for the lao�ltlorz of Student Connnissiomrer° for the City cif Baldwin Park. Yareli is personable, intollihcnt, and a responsible yming lady with excellent leadershlp qualities, if chosen, she will imdoubtcdly serve the comm1inuwtity with ]aide, (626) 960.5431 ext, 3105 (626) 705-7288 (work cell) ....... ... ^`~~.'._..~~._^~.`-_....-...,__�._^^-~` -co3�y�W� ..'~- - �")^���i~ '.]���w+.��7�t����-'\x�2���~~~^-^-~^~'�f����`,� 40 e Wf CAP � --_---'----~---`--~'^---^---'---^--^-'~-~`--'-^^ � � ' w r t N I t r In MEZ1.d1;;.LVMU 14AR 12 2015 CITY OF BALDWIN PARK CITY OF BALDWIN PARK RECREATION, I COMMUNITY SERVICES CM CLERKS DEPARD104T STUDEN'r COMMISSION INFORMATION FORM ' Name of H I ag hchoof FLUAU�_' I -KIN I PERSONAL INF6-R—MATION; (TO be 001111)[010(i bY StM10110 Nomo__VA A --a— t RosIdenoo AdOro Ago: t I Date of Birth., so cla I Se curl ty Message Phone No, Home Phone Wk c . ma i 19 d d re s s � ..... - - — - ------------- ................. il" (3rade: Name of Parent(s) or Guardlan(s).__?PkG�'� _ Graduation Yen c -2-0—k Student lives with: [ V, Both Parents [ ) Mother I ]l=ather [ I Guardian to Person to call In case of emergency Phone Nw_4o!a0___ at Appointment [date: Re -Appointment Date:.._- ....,_...r.. Gom melrtsa atc!_--commelits., ___ . ... ............... . co, [ ] PorsonnelDepar(ment [loran GKgr f I Recreation Director [ ]Recreation ScorctffY O . T G�,�C"�"�__.�. mw� Commission Raquested.,��!;� � � ��M.��5.:.. �.6J (fso (leis st)ace to Ilst yoump (10018 and ol)Jecllves and why you foal you should be appointed to the rorr�t isslon for which you are applying, Ploaso Include any additional information you feet will be l)e1jo(rlal to the Council in consldcration of your appointment to this commission. r .+-- J x n AM df Slfrnr�tr��i°o Nollce: Please be advised that you and your quallflcatlons may be discussed by the Clty Council at an open meeting, Th s Application acrd Slotonlent of f, luallflc0tfor) will l)e l(opt ori filo for Mo () yenrs, 01111(g MIs llrn0, Should a v acrarrcy occur In tiro 00101)IIsv9l01r for WhIc r YOU have roquest d considerallan of al.;rpolnlrrrent, your al lailcrrtlora will bo i'ncltreled lrt Alto pool of applicants provktod iron evot', that you strb+rrlt curr°ont proof of rosidoncy at tiro llrrao a of Sold r°ocr ulb'"Ont. Failure to provido cur°ront proof of "osldency with ench rocrultrrront will Invalldato this application. 3900 North Puente Avenue Anihony M, Il taol'lto, Principal Jose Cuovas, Asslstant Principal Baldwin Park, CA 91706 Piloner (628) 480.5031 Gayle MorOanstern, Assistant Principal Fax+ (626) 856.0089 Fred Swift, Assistant Principal Holly Farrell, ASS Director V/WN-1,bpbraves,net Macer 12, 2015 City of Baldwin Park 4100 Baldwin Park Boulevard Baldwin Park, CA 91706 Dear City Council Members; it is with eaffillsimll to sub1r11t tills lottor of-ro.:fmace for Ms. Madeline C"hutlerroz, who is am)lying for tiro position or, Stlldont C0111missiolrcr Nv1111 tile City of 13a1dwirr laarlL Prescntly, MmI011110 Is in Iaer '111lor Year at MAkhvIlaPark f igh School, l have had (lro pleasure of knowing Madolhle for 1110 cast 3 ycars 111 lily role as pr°'illelp)alat 13at6vin Park High h Sollool. It is 111y lr^leasoroto Shaw with yo11 the accolu llishineilts of'Ms. Madolilre tlrrtierr°o . Madeline is a high 1,rer°forilling studotlt wvho mairltairts a r1got-oils aeraderrr.lc schedule. Silo is all Wive pariielpalit, .irr n.1r111erous school Oubs mid orgarllzatlorls and also givos t 1111 to 1101° 0011111111111ty. Ort art aoadellllo level, Mad pillo rrlalntalrls tL 3. 'j ctimulative 011A. Sho is enrolled Irl Sevel l college prep coarses. Madelhrc Is a member In vat°10 Lis olubs and orgaairatlonss A 1ps Club, l .ey Club, Adolanto Club, and sero is a 1110r11bor ofthollipptocrtrtes circl0. Further, Madeline's olunteer eatpaorierlco includes:ltoso Float decorating, llox for Troops, Run or, Dyo, care placltaging, Chtisinms githyrapping, and volLtn(cors� in the cor111t1�r1r1it food DfIva. rI�l1ertl�or�c, Mat101ino 1s billligual In English and Spallish, it quality that Is honoileial for our 0o1mn1,1111 . Notably, Madoiiil0 is tlro ce0il;)1er1tn of severitl awards. She was tite reciprient of the distinguished Principal's Alvard, Aehiovorirent Award, anti l rave, Scholar Award. 1t Is MY p)IMLlre to roco11111end Ms.'Madoline Gutierrez, for° yom. considoratirrrl as a viable candidate for tho positlorr. of Student Commissiorlor.Ccar- tiro t ity of13aldwill Parlt. Ma1011110 Is p1orsorlablc, itrtollibcrlt, and 11 respaon1.ilrle yllatllg lady wvith oxetaplont lorrderslLipr (Illalitios. if e�lroscrl, silo Avpil undoubtedly serve tiro cornlrrunity with pride. (626) 960-•5431 ot. 3105 (626) 7057288 (work colt) I BOARD OF EDUCATION Torosa L. Var{tas, Pfestdent Chris►ina Lucero, Clerk/Vko President • Carlos Lopez, Member i Blanca Nola Rublo, Member + rack B. Dr. Pave Sovlllano, Svperiniendent of $ChaatS ::}: ���..,k yp � �� ""� w)l IA T-I'APIA A. CITY OF BALDWIN PARK ttllI�Ni'+'o:`'APPLICATION FOR CITY COMMISSION A �!"f1LI O�ILNI' And A COPY OF YQN1 P STATEMENT OF QUALIFICATIONS APPLICATION THS FOLLOWING COMMESSION , se rrrrafo t 2 ailoafforl is r to rtir" rl for oach c0►1t1nissfoo PERSONAL. INFORMATION: _ 1 �D Residence Adafros:► = � .. .1, -- Length of time at this AddressAN Home Phone No, 1_AO,._. I _. _ .. . _w... .__ .. ..._ Cellimessacgo Phono No. Are you 18 years of ago or alder? w„ww m�J, d...IT ,, ... Are you registered to'vots In the City of Baldwln Park? _ p.t _ ._..._ . Do ya1N Wrrenti serve as a I l g y hin the Cil of f3aidvrin Park?�. Y y If yds, Hama of agloc►oy and ,Ips Itic1t11,irttcal offtcrl�1 fr�r board andlor aenc F lµ� r I DUCATiON:4e-sG ��D:7_ 140 Circle HI(Ihest grade you completed: 1 2 3 4 6 8 7 8 9 10 12 High School Qraduate? _ EMPLOYMENT INFORMATION I EXPERIENC9: REI,ERFNCRS; Please provide the names or h-jo (@) persons, who are not City of Baldwin Park Elected or Appointed Officials oan, comment on your capabill(les and character. IMPORTANT: Road the following carefully and answer completely. A conviction is not an aulomatio bar to appointment. Each case Is considerorl on IIs individual menta. HAVE YOU EVER BEEN CONVIOTED OF A FgLONY OR MISDI±NIEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?N If yeas, Noose list till offonsosr data and place of offon se(s), and sentencelflne received: ©ate AOlili()Wl.lir)(3EMENTIOCIIYIFIoATION; I unclertrtattal 918tttp011 0119, this o )ptterttton becomes a public MOM, I eocllfY t1rlder ponalty of poulury under 0,11”) avis 416., trwto of Califomlo 11101 1110 rorolpoing is true t111d correct. ^� ftnature tion CJ Yes No Rosidoncy a krfl tion: Voter ttegislratialt Verifica: Appointment dale:. .... .....,7 _ ......... ..... Rosidcticvvorifieatlon: Yes Termcrlitilcs. em ❑ Yes Q4�' Na Iw�r11e y Residency verification: ❑ Yes ❑ No Dote:__ _ ❑ _ , 0Na Date_,.� —, .) roffAMCommission ROqLIOS(49 d: I, I gjA�r -- A LLF IAA -11 OORA: Use 1111�$ SINco to list your goals and oNoctives and why you f(,jej youshouldbe appointed to the ooNvnlssloo for whioll YOU MCI APPjyjjjfj. *Pleav) lncltjdo,any additlanal 111f0fmatiOn you foal e9111 be batIoRcIal to the coundl In coilsidoration oryoul–tippointmont to IWO conitnIssion, q 6, Notlae: ploa$o be advised that you and your qualIfIcallons may be discussed by the Oily Goutlog afar? open MOO(Ing. Als Applicallol) and Slatomohviof 011011floottot, Will be I(Opf on No tot- two (2) yoors. MIOV MIS U070, 61`16110 a Vacancy occur h') 1110 Oolnqllsslonfor W/710h you have roquosted of appoli7tment, your apPROOMM Dill he 1170tudod 10 (1,10 pool of CII)PHOWS ProvIdod how avol" that you submlt carront proof of rost(10,10Y lqt tiro 111no, Ofsold rocruffinc)III. r-1,11furo 10 Prol/k/O currant proof of rosldonoy With OtIch )VONIM17OW will Involklato this appIloaflon, 1,��1;.rlt ��;� rmr�u�wfyut��7c�W X�l! CITY OF SAtDWIN PARK APPLICATION FOR CITY COMMISSION A CILu�I 1r,' And m�rr1't"4�tk"hIII� FAQ. �1till STATEMENT OF QUALIFICATIONS APPLICATION m� 0 Yl'111'11 SS�111�►��.. TCON 1S FOR ...THS FOLLOWING COMMISSION--�-----� �' � �� f1 t A so rmmrmle alit mmllomm,s mor tyrocl for each co rmmi slo . _ m PSONAL INFORMATION: � Residence Address _ _.... Length of time at this Address: E-mail address.,...,...,_. _.� ��rr� CelUMossage Rhone Ifo ! .. , _-.� . ... Home Phone Nra ...0 - µ �... __ ._ Are you 16 years of age or older? Are you registered to vote In the City of Baidwln If y I 1and/org ncy within the City of Baldwin Park? Do you utrrrr�� �tl serve as an elected or ra�:olnted of. Y I y name of agenoy and poslllora:,,_ 1. for any -board ae os EDUCAI"ION,N Circle Highest grade you completed: 1 2 3 4 6 67 8 9 11 12 High School Graduate? 6 �° 4.1;.D.?� EMPLOYMENT INFORMATION I EXPERIENCE: REFERENCES: Please provide the naims, of two (@) persons, who are not City of l3aidwIn Park Elected or Appotnted Officials and who can corornont on your capalallitles and clrarracter, l' BAtvwt t +TA1: NttsYt t t l _ cc' .. p p�I wE IMPORTANT: Read the following oarefully and answer cbmploteiy. A conviction Is not an automatic bar to appointment. Each case Is considered on Its lndlvldual 111e1its. 1tAVf YOU EVEN BEEN CONVICTED OF A FELONY Ofd MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?! t If yes, please list till offenses, drito and place of offonse(s), and sentence/fine received: Rate 0 — 15 _ Residenoy vorifreattow ❑ Yes Residency verification: ❑ Yes verification: ❑ Yes AlitNoWl,t,l3NIIMENT"ICEKI"1Fi AI"Iota I understand lhut upon fillntm, suis rr,Irir%Ira€ttiml becomos a irritllo recoreL I certify unduriaonaity of Fouluury undor tho 61rs of 0'1e8Iolo of Collfornla ihrat the foregoing is later rand correal. signature ___.. p No Dale:__._.r __ U No No Dae. . __.. _._. Voter RegistradonVerification: Q Yes Q No Appofntmont clalo: •,� .w . w. �._.._ ., Term exi+es: Name o ti SM 11 Che CornmIsslon Requested;. v �S 10 my Uso tills spaco to list your goals and objwAlves and why YOU fool yr)ii should be cq)polotecl to the COIT11711,58101) for Which yov ara 81)plying, Ploaso Include any additlonal Information you fool will be bolloflolal to tho co(loall 11) conskloration Of your a))I)oIntment to this commission, M yr is lo i M Y NJ 61 12 .�/ . ....... . oily 01� GC U school CA he 0MI _13 is Reno eo.- �t _qo­ t win i n 1A OUT "T 6[ M P or /I _AIALT �k� � hCG.. use W���n �'��I�{� (�Gr� •l"h�l� �m���11��, o(l mo li(A IM 10 OK 1111 F6 I h 0 rd b wi V h (I foy MNI (6 M M � 111 Notice: Please be advised that you and your qualifications May be discussed by the C11y Council at an open Inoeting. This Application and Statement of Qu,"'111fication MY ho k0j'A oja f1jo for two (2) yoors, During MIS 11me, 1341MA10 vaoanoy 00011), to the comralsslon fol, w1)jcjj you have roquosted oollsklor"'Won of appointmont, Your opplicallon will ho hicludod In tho pool of applicants prov/do(I how0vol", tljj,tt you submit' current proof of rosIdeopy of the 0010 of sold recrultmont• palftlro to pl-ovIcle, ow-rotV proof of rosicloncy Will) ouch rocrultnlent will tovalidato tills appiloation. s omm �,#o.re:.. ese.�nwe ..a®mrd ®o ® �,�. _.. ..—. _.e. �' `� � ��a'C°�r��-� r3"�?�' 4"�+."��'�n"�;c..�z�sva„:�r�a�m,^���:�„�i�x:�. ,rye =�'iw��� �.i .� . ,,. � � _ ..,,<, .r.G , v �. .. � .,.fir c?i.«+: ” ,aW. LTA I MA I ml to] z RESOLUTION NO. 2015-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING INDIVIDUALS TO THE RECREATION & COMMUNITY SERVICES COMMISSION OF THE CITY OF BALDWIN PARK TO OFFICE NUMBERS 1, 2, 3, 4, 5, 6, 7 AND 8. WHEREAS, the Recreation & Community Services Commission consists of eight (8) members and Office Numbers 1 through 5 are appointed for a two-year term and members of Office Number 6 through 8 (Student Commissioners) are appointed for a one-year period; and WHEREAS, on February 5, 2015, the City Council open the application process for all City Commissions; and WHEREAS, A Notice of Vacancies was posted at the following locations: City Hall, Esther Snyder Senior Center, Morgan Park Community Center, Baldwin Park Public Library, Baldwin Park Arts & Recreation Center and on the City of Baldwin Park website, and the City Clerk's Office accepted applications from the date of advertisement through April 30, 2015; and WHEREAS, the City Council desires to fill the Offices 6, 7, and 8, in anticipation of the expiring term of each office; and WHEREAS, in accordance with Baldwin Park Municipal Code Section 32.08, appointments to Office Number 6, 7 and 8 are made and entered onto this resolution for terms expiring in accordance to the respective term for each office. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. On May 21, 2014, City Council approved Resolution No. 2014-015, which appointed persons to the Recreation & Community Services Commission Office Numbers 1, 2, 3, 4 and 5, with terms expiring on June 30, 2016. The three remaining offices, Numbers 6, 7 and 8, held by students from Sierra Vista High School, Baldwin Park High School Student, and North Park High School, would serve the remainder of the respective term, at the pleasure of City Council until his or her successor is appointed and qualified, unless a City Council order of removal otherwise provides, in accordance with Chapter 32.03.8 of the City's Municipal Code. Section 2. With the advertisement of the impending and existing vacancies, applications were received and presented to the City Council for consideration to appoint to the Recreation & Community Services Commission as members of Office Numbers 6, 7, and 8. Such appointees shall hold office at the pleasure of the City Council and serve for the term as follows: Resolution No. 2015-072 Page 2 OFFICE NUMBER ........................ __ COMMISSIONER ........................ ............ __.....-._ TERM ENDING 1 Joann Watkins (incumbent) June 30, 2016 ............ .............................. 2 Juan Rios (incumbent) June 30, 2016 3 Arecelia Avila (incumbent) June 30, 2016 4 Ana Lujan (incumbent) June 30, 2016 5 Leslie Brito (incumbent) ..---. June 30, 2016 6 ....... ---- �._. June 30, 2016 Sierra Vista H. S. Student ........ 7 .w............------------------ --- June 30, 2016 Baldwin Park H. S. Student June 30, 2016 North Park H. S. Student Section 3. That the City Clerk shall certify to the adoption of this Resolution and forward a copy to this resolution to all appointees and to the Personnel Commission Secretary. PASSED, APPROVED and ADOPTED this 15th day of July 2015. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution 2015-072 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council held on July 15, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA, CITY CLERK 1W 1=13011 SA PJ, G'A 0 1 E L ITEM No. . . . ....... __ .... ....... . . . . . . .. . The Honorable Mayor and Members of the City Council Maria Contreras, City Treasurer Terry Shea, Interim Director of Finance 'j;77 11,11111 i 101111mmuJOLUI UIE I OUTA VO 1911210 U91 a I The City is required by the California Government Code to submit annually the Investment Policy for current fiscal year. Attached is the Investment Policy for Fiscal Year 2015/16. There are no changes in authorized investments or portfolio make-up from the previous investment policy. FISCAL IMPACT 11N, me, - That the City Council receive and file the attached Statement of Investment Policy for Fiscal Year 2015-2016. OWN& None. Current State Law mandates the City Council to review and adopt a Statement of Investment Policy annually. NORTAIM None Required Statement of Investment Policy Staff Report Page 2 I:: :1171►1'1 The State of California Government Code requires each local entity adopt an Annual Statement of Investment Policy. California Government Code Section 53600 et seq. allows a local agency having cash that is not required for the immediate use of the agency, to invest such portion of the money as it deems wise or expedient in certain types of investments. As reported in the monthly Treasurer's Report, the City of Baldwin Park has investments with the State Local Agency Investment Fund (LAIF). With the current investment situation, rates are very low, so LAIF provides the most security and liquidity without any real loss of interest. The Statement of Investment Policy is reviewed annually to include any new guidelines or legislation concerning the investing of City funds. The City's cash management system is designed to forecast immediate cash requirements and invest surplus monies to the fullest extent while still considering safety and liquidity. Staff makes investment decisions with care, skill, prudence and diligence under the current prevailing circumstances. It acts in accordance under the prevailing prudent person rule of a person in like capacity (Civil Code Section 2261, et seq) and will also only make those investments allowable under State of California Government Code Section 53600 et seq and the City adopted Statement of Investment Policy. The City's Policy is in compliance with the Government Code. The criteria for selecting investments in their order of priority are (1) safety, (2) liquidity, and (3) yield. Attachment: Annual Statement of Investment Policy CITY OF BALDWIN PARK STATEMENT OF INVESTMENT POLICY FISCAL YEAR 2015/16 A. PURPOSE The Investment Policy establishes guidelines for the investment of the City's surplus cash that is not required to meet the daily cash obligations of the City. The Investment Policy outlines the investment objectives and the allowable investments in accordance with applicable laws of the State of California. B. SCOPE I. The Investment Policy applies to all financial assets of the City as included in the Comprehensive Annual Financial Report. 2. The Investment Policy applies to activities of the City with regard to investing surplus cash of all funds, including: a. General Fund b. Housing Authority c. Successor Agency d. Financing Authority e. Special Revenue Funds f. internal Service Funds g. Trust & Agency Funds C. DELEGATION OF AUTHORITY The City Council has appointed the City's elected Treasurer to be responsible for surplus cash management and investment decisions and transactions. Daily cash management responsibility has been delegated to the City's Department of Finance. The Director of Finance and the Assistant Accounting Manager shall ensure compliance with the City's investment policy. All investment transactions will be approved by either the City Treasurer or the Director of Finance. D. OBJECTIVES The primary objectives, in order of priority, of the City of Baldwin Park's Investment activities are safety, liquidity and yield. The criteria for each are discussed below. City of Baldwin Park Statement of Investment Policy Fiscal Year 2015-2016 1. SAFETY: The safety and risk associated with an investment, refers to the potential loss of principal or interest or a combination of these two amounts. Safety of principal is the primary objective and only those investments considered to be very safe will be utilized by the City of Baldwin Park. The City shall seek to ensure that capital losses resulting from securities default or the erosion of market value are avoided. 2. LII Q11Y This refers to the ability to "cash in" at any moment in time with minimal chance of losing a portion of the principal or interest. Liquidity shall remain sufficient to enable the City of Baldwin Park to meet anticipated operating needs a hold any investments to maturity. 3. YIELD; Yield is the potential dollar earnings an investment can provide; this is also described as the rate of return or "interest". The City's investment portfolio shall be managed to obtain market rates of interest while preserving and protecting capital in the overall portfolio. E. ETHICS AND CONFLICTS OF INTEREST Officials and employees involved in the investment process shall refrain from all personal business activity that could conflict with the management of the investment program, or impairs their ability to make impartial investment decisions. All individuals involved shall disclose all gifts and income in accordance with California State Law. F. STRATEGIES 1. The City shall maintain a cash management system which accurately monitors and forecasts revenues and expenditures enabling the City to invest surplus cash to the fullest extent possible. 2. The City shall apply the prudent investor standard in the context of managing the overall portfolio. When making investment decisions, the City shall act with care, skill, prudence and diligence under circumstances then prevailing, including but not limited to, the general economic conditions and the anticipated needs of the City. The City would use the standard that a prudent person acting in a like capacity and familiarity with those matter would use in the conduct of funds of like character and with like aims, to safeguard the principal while maintaining the appropriate liquidity. 3. The City shall manage the investment portfolio with a buy -and -hold strategy rather than seek optional returns through such techniques as swaps. The buy -and -hold strategy ensures the return of all invested principal monies. The latter approach would require an allocation of resources, the cost of which may be greater than the benefit realized. City of Baldwin Park Statement of Investment Policy Fiscal Year 2015-2016 G. INVESTMENT PORTFOLIO 1. The City is authorized to invest in certain types of securities in accordance with California Government Code Section 53601 et. seq. and 53635 et. seq. Authorized investments shall also include investments with the Local Agency Investment Fund (LAIF) in accordance with the California Government Code Section 16429.1. The City has further limited the types of securities in which the City may invest. Only those securities listed in the Investment Policy are authorized investments. The following are authorized investments for the City: Per Government. Coale :Section 53601 Max Allowable Max Max Investment Allowable Allowable Percentage,Maturifi Maturit ,- • US Treasury Obligations Unlimited 365 days N/A (Bills, Notes and Bonds) • U.S. Agency Securities and Instrumentalities Unlimited 365 days N/A of Government Sponsored Corporations • Negotiable Certificates of Deposits (CDs) issued by 30% 365 days N/A A chartered bank or federal savings and loan • Time Deposits — Collateralized Unlimited 365 days $500,000 • Time Deposits — Uncollateralized Unlimited 365 days $100,000 • Bankers Acceptance 40% 180 days 30% • Repurchase Agreements Unlimited 180 days N/A • Commercial Paper rated A-1 by Standard and 30% 180 days 10% Poor's Corporation or P-1 by Moody's Investors Services Inc. • State of California Local Agency Investment Fund Unlimited N/A $40,000,000 (LAIF) 2. Money market mutual funds managed for or by the trustees, paying agents and custodian banks contracted by the City may be purchased as allowed under the California Government Code. Only funds holding U.S. Treasury or Agency obligations can be utilized. 3. No investment shall be made in any security underlying a repurchase agreement, other than a security with a term remaining to maturity in excess of five years. 4. No investment shall be made in any security that could result in zero interest accrual if held to maturity. These include inverse floaters, range notes, or mortgage derived interest -only strips. City of Baldwin Park Statement of Investment Policy Fiscal Year 2015-2016 H. SAFEKEEPING AND COLLATERALIZATION Securities purchased from a broker or dealer shall be held in third party safekeeping by the trust department of the City's bank or other designated third party trust, in the City's name and control. All securities will be received and delivered using standard delivery -versus -payment procedure. Deposit -type securities (i.e. certificates of deposit) shall be collateralized in accordance with the State of California Government Code. I. REPORTING REQUIREMENTS The City Council will be provided a monthly Treasurer's Report approximately 45 days following the end of the month. Data for investments will include. purchase and maturity dates, PAR values, current principal, premium or discount, interest rate, description, book value, and market value. Cash in the bank will be reported by entity at the amount on the monthly bank statements. J. INVESTMENT POLICY The City Council will be provided an annual Statement of Investment Policy for their approval during the first quarter of the fiscal year. K. QUALIFIED BROKER/DEALERS The City shall only conduct investment transactions with banks, savings and loans or with licensed broker/dealers. L. INVESTMENT EARNINGS Investment earnings from authorized investments are allocated quarterly to various funds based on their month end balances of the pooled portfolio. sm ITEM NO. STAFF REPORT Im ray"Tel 05 Honorable Mayor and City Councilmembers Terry Shea, Interim Director of Finance -14 DATE: July 15, 20.1.5 �*i U., -A I VIN � 0 t 4 W,11 14 0 1.1yoxil SUMMARY Attached is the Treasurer's Report for the months of April 2015 and May 2015. 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 Reports for April 2015 and May 2015. BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. TREASUREWS REP -ORT .4130/2015 INVESTMENT INTEREST PURCI-IASL: MATURITY PAS CURRENT 'BOOK MARKET DESCRIPTIPN RATE DATE DISE VALUE PRINCIPAL VALUE VAL tIE ..._ State of California Local ;agency Investment Fund City 028% Varies Varies 25,125,128.25 25,125,128.25 25,125,128.25 25,125,128.25 Housing Authority 0:28% Varies Varies 13;063.61 13,063.61 13,"063:61 13,063.61 25,138,1., � 9'1.86 -25,138,191. -.� 86 ,714g,71 __' 25,138,'191.86 25,138,191.86 .Fiscal Agent Funds - City Varies 'Varies Varies 2,222.,042.52 2,222,642.52 2,222;642.52 2,222,642.52 Fiscal Agent Funds - Successo Varies Varies Varies 2;937;982.94 2,937,982.94 2;937;982:94 2,937,982.94 $ -39 0,817.32 $ 30,298,817.32 5,160;625.46 $ 30,298,817.32 Total Investments $ 30,298,817.32 Cash City Checking 9,734,490.94 Gity Miscellaneous Cash :.79,517.20 Comm.:Develop. Comm. 0.00 Successor Agency 5,682,755.88 Housing Authority 88,332.12 =Financing Authority 0.00 Total Cash 15,585,096.14 Total Cash and Investments $ 45,883,913.46 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 April 2015 and several depositstwithdrawals 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 bye lrw•y rt I,.. 111(a n°0,fi`°cctoi- of finance CITY OF BALDWIN PARK TREASURER'S REPORT 4130/2015 INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE m.DATE VALUE PRINCIPAL _.VALUE VALUE mmmmm State of California Local Agency Investment Fund City 0.28% Varies Varies 25,125,128.25 25,125,128.25 26,126,128.25 25,125,128.25 Housing Authority 0.28% Varies Varies 13,063.61 13,063.61 13,063.61 13,063.61 91.86 25,138,191.86 25,138,191.86 25,138,191.86 Fiscal Agent Funds - City Varies Varies Varies 2,222,642.52 2,222,642.62 2,222,642.52 2,222,642.52 Fiscal Agent Funds - Successo Varies Varies Varies 2,937,982.94 2,937,982.94 2,937,982.94 2,937,982.94 $ _, ....... . 30.298.817.32 ...................... $ 30,298,817X 5,160,625.46 $ 30,298,817.32 Total Investments $ 30,298,817.32 Cash City Checking 9,734,490.94 City Miscellaneous Cash 79,617.20 Comm. Develop. Comm. 0.00 Successor Agency 5,682,756.88 Housing Authority 88,332.12 Financing Authority 0.00 Total Cash 15,585,096.14 Total Cash and Investments $ 45,883,913.46 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 April 2016 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: CITY �"(6: [liter of inance ITEM NO. „ r STAFF ��POI�.. %,, TO: Honorable Mayor and City Councilmembers wou oiµ FROM. Shannon Yaucli ce, Chief" Executive Office$* may, r �l'erry Shea, Interim Finance Director AN oris nEL qs VALLEY % ��" DATE: July 15, 2015 SUBJECT: ADOPTION OF THE BUDGET FOR FISCAL YEAR 2015/2016 FOR THE CITY, FINANCE AUTHORITY, HOUSING AUTHORITY AND SUCCESSOR AGENCY SUMMARY The Mayor and City Council are required to adopt a budget annually for each fiscal year for the City. In addition, they must also adopt budgets for the Successor Agency, the Housing Authority and the Financing Authority where they also sit as Board Members. Attached are copies of the proposed budgets for Fiscal Year 2015/2016 and the Resolutions which approve the adoption of each budget, respectively. FISCAL IMPACT TOTAL BUDGET $79,730,355 General Fund Expense $26,332,832 General Fund Revenue $26,421,395 General Fund Surplus $ 88,563 Other Funds Internal Service Funds $ 4,918,375. Special Revenue Funds $21,517,810. Financing Authority $ 3,355,763. Housing Authority $ 5,548,128. Successor Agency $18,057,446. RECOMMENDATION That the Mayor and City Council approve the Fiscal Year 2015/2016 Budget for the City, by Resolution No. 2015-078, for the Housing Authority by Resolution No. 2015-005, for the Finance Authority by Resolution No. FA 2015-003, and the Successor Agency by Resolution No.SA 2015-005. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. The Mayor and City Council must adopt a budget each fiscal year for the City and its respective Agency and Authorities to operate. The Chief Executive and Director of Finance met initially with each member of the Executive Team to review their departmental budgets and their various requests. From those meetings a proposed budget was assembled for the Mayor and City Council to review and consider. The Mayor and Members of the City Council held a Public Hearing and initial study session on June 23, 2015. During this session, staff was asked to respond to various questions, including providing additional information and proposing alternatives. At the meeting of June 23, the Mayor and City Council gave staff final directions as to the changes to be made to the original proposed budget. Those changes have been incorporated into the attached documents. The theme for this next budget year is "Moving Forward ....." The objective of the budgets presented, respectively, is to continue replacing key outdated equipment and vehicles, restoring service levels and reviving the spirit of the staff and community. July 15, 2015 Fiscal Year 2015/2016 Budget Page 2 The City-wide total proposed budget for Fiscal Year 2015-16 is $79,730,355. The City's General Fund budget is proposed to be $26,332,832. This is an increase of $1,309,063 or 5% over last year's budget for the General Fund. It provides for increases in service levels including restoring the State of the City Address, Celebrate Baldwin Park Parade, and improvements in infrastructure. The proposed budget has a projected surplus of $88,563 and a projected ending General Fund Balance of $7.55 million. The proposed budget allows for the replacement of four police patrol vehicles, six public works vehicles, one planning vehicle, updated computer servers, and financial software which will significantly increase efficiency. In accordance with Council direction at the June 23 meeting, the "Celebrate Baldwin Park" parade will be reinstated and partial funding will be appropriated for the State of the City Address. Supplemental funds may be sought through local sponsorships to provide complete funding for both events. This budget also provides for COLA increases and benefits as for the CEA and SEIU groups, and future budget adjustments will be made as terms with other employee groups are approved. Public safety continues to be the priority for the Mayor and City Council. This budget will provide funding for a total of 72 sworn positions for full year by adding two new Police Officer positions, up from 70 positions last year and restores the Police Reserve and Cadet programs. Because of the previous economic downturn, there were many positions eliminated several years ago. The duties and responsibilities of those positions were picked up by current staff or the work hours of part-time employees were increased. This budget includes restoring finance staffing levels by adding one full-time Accountant, updating the Assistant Accounting Manager to Accounting Manager, hiring a second Public Work Supervisor as previously approved by Council, modifying six part-time Code Enforcement Officers to three full-time positions, and converting a part-time position to a full-time position in Information Technology. This should result in better service over the long term, providing for more continuity, less employee turn -over, more productivity and better service to the community. While there has been a definite growth in the economy, some related economic revenue sources remain behind and the recovery of the economy is still sow and fragile. The City needs to continue to take a balanced and conservative approach to spending and the managing of these expenditures. Staff will continue to monitor expenditures and appropriations closely and will keep the Mayor and City Council appraised of any changes that will impact revenues and the budget. In addition, staff will continue to bring to the City Council various revenue options for them to discuss and consider at a later date. The adoption of these four Resolutions will allow the City to continue operations and to provide the necessary services to the community for the next fiscal year. ALTERNATIVES In the event the budget is not adopted by July 1, 2015, staff is recommending that the City Council approve Continuing Appropriation Resolutions Nos. 2015-078; HA 2015-005; FA 2015-003; and SA 2015-005, which will allow the City to operate with the prior fiscal year's budget until a new budget is adopted. This will allow the City to continue providing vital services to the community but does not allow for spending for any new programs, including new capital improvement expenditures, until such time as a new budget is adopted by the City Council. ATTACHMENTS 1. Budget Resolution Nos. 2015-078; HA 2015-005; FA 2015-003; and SA 2015-005 2. Continuing Appropriation Resolution Nos. 2015-079; HA 2015-006; FA 2015-004; and SA 2015-006 RESOLUTION NO. 2015-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2015 AND ENDING JUNE 30, 2016 THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. That the Budget for the City of Baldwin Park for the fiscal year commencing July 1, 2015 and ending June 30, 2016, is hereby adopted as prepared and submitted by the Chief Executive Officer and as modified by the City Council for said fiscal year. A Budget is attached to this Resolution for adoption as presented. SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several departments, offices, and agencies for the respective objects and purposes therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable ordinances of the City and statutes of the State. SECTION 3. That the authority granted for making expenditures from other than the General Fund shall be limited to the actual amount of money received from the source of funds indicated in the Budget for each department, section, or purpose, and no liability upon the General Fund is assumed or can be imposed in excess of such amounts as may be provided therefore in this Budget from the General Fund. In the event that the amounts of money received and credited to the special funds exceed the amount herein estimated, such excess receipts shall be considered deferred allocations in such special funds, contingent upon such receipt and no expenditure thereof made except under the provisions as provided by law or ordinance. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner: (A) That at any meeting after adoption of the budget, total appropriations may be amended by the City Council by a majority vote of a quorum of the City Council. (B) For transfers of appropriations within the same cost center program, such transfers in an amount less than $10,000 may be approved by the department head, and such transfers up to $15,000 may be approved by the Chief Executive Officer. For amounts greater than $15,000, City Council approval is required. Resolution No. 2015-078 Page 2 (C) Transfers up to $15,000 between cost center programs may be approved by the Chief Executive Officer. For amounts greater than $15,000, City Council approval is required. (D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund. (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations must be approved by the City Council by a majority vote of a quorum of the City Council. (F) All transfers made pursuant to the above provisions shall be submitted to the City Council for informational purposes. SECTION 5. That the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 15th day of July, 2015. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council on July 15, 2015, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. FA 2015-003 A RESOLUTION OF THE FINANCING AUTHORITY OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2015 AND ENDING JUNE 30, 2016 THE FINANCING AUTHORITY BOARD MEMBERS OF THE CITY OF BALDWIN PARK DO RESOLVE AS FOLLOWS: SECTION 1. That the Budget for the Financing Authority of the City of Baldwin Park for the fiscal year commencing July 1, 2015 and ending June 30, 2016, is hereby adopted as prepared and submitted by the Financing Authority Executive Director and as modified by the Authority Board for said fiscal year. A Budget is attached to this resolution for adoption as presented. SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several line items for the respective objects and purposed therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State. SECTION 3. That the authority granted for making expenditures shall be limited to the actual amount of money received from the sources of funds indicated in the Budget and no liability upon the Authority is assumed or can be imposed in excess of such amounts as may be provided therefore in the Budget. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner: (A) That at any meeting after adoption of the budget, total appropriations may be amended by the Board Members by a majority vote of a quorum of the Authority Board. (B) For transfers of appropriations within the same cost center program, such transfers up to $15,000 may be approved by the Interim Executive Director. For amounts greater than $15,000, Authority Board approval is required. (C) Transfers up to $15,000 between line items may be approved by the Interim Executive Director. For amounts greater than $15,000, Authority Board approval is required. (D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund. (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations Resolution No. FA 2015-003 Page 2 must be approved by the Authority Board by a majority vote of a quorum of the Authority Board. (F) All transfers made pursuant to the above provisions shall be submitted to the Authority Board for informational purposes. SECTION 5. That the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 15th day of July 2015. MANUELLOZANO CHAIR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the Members of the Financing Authority of the City of Baldwin Park at a regular meeting of the Financing Authority on July 15, 2015, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. HA 2015-005 A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2015 AND ENDING JUNE 30, 2016 THE HOUSING AUTHORITY BOARD MEMBERS OF THE CITY OF BALDWIN PARK DO RESOLVE AS FOLLOWS: SECTION 1. That the Budget for the Housing Authority of the City of Baldwin Park for the fiscal year commencing July 1, 2015 and ending June 30, 2016, is hereby adopted as prepared and submitted by the Housing Authority Executive Director and as modified by the Authority Board for said fiscal year. A Budget is attached to this resolution for adoption as presented. SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several line items for the respective objects and purposed therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State. SECTION 3. That the authority granted for making expenditures shall be limited to the actual amount of money received from the sources of funds indicated in the Budget and no liability upon the Authority is assumed or can be imposed in excess of such amounts as may be provided therefore in the Budget. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner: (A) That at any meeting after adoption of the budget, total appropriations may be amended by the Board Members by a majority vote of a quorum of the Authority Board. (B) For transfers of appropriations within the same cost center program, such transfers up to $15,000 may be approved by the Interim Executive Director. For amounts greater than $15,000, Authority Board approval is required. (C) Transfers up to $15,000 between line items may be approved by the Interim Executive Director. For amounts greater than $15,000, Authority Board approval is required. (D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund. (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations Resolution No. HA 2015-005 Page 2 must be approved by the Authority Board by a majority vote of a quorum of the Authority Board. (F) All transfers made pursuant to the above provisions shall be submitted to the Authority Board for informational purposes. SECTION 5. That the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 15th day of July 2015. MANUELLOZANO CHAIR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the Members of the Housing Authority of the City of Baldwin Park at a regular meeting of the Housing Authority on July 15, 2015, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. SA 2015-005 A RESOLUTION OF THE SUCCESSOR AGENCY OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2015 AND ENDING JUNE 30, 2016 THE SUCCESSOR AGENCY BOARD MEMBERS OF THE CITY OF BALDWIN PARK DO RESOLVE AS FOLLOWS: SECTION 1. That the Budget for the Successor Agency of the City of Baldwin Park for the fiscal year commencing July 1, 2015 and ending June 30, 2016, is hereby adopted as prepared and submitted by the Executive Director of the Successor Agency and as modified by the Agency Board for said fiscal year. A Budget is attached to this resolution for adoption as presented. SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several line items for the respective objects and purposed therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State. SECTION 3. That the authority granted for making expenditures shall be limited to the actual amount of money received from the sources of funds indicated in the Budget and no liability upon the Authority is assumed or can be imposed in excess of such amounts as may be provided therefore in the Budget. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner: (A) That at any meeting after adoption of the budget, total appropriations may be amended by the Board Members by a majority vote of a quorum of the Authority Board. (B) For transfers of appropriations within the same cost center program, such transfers up to $15,000 may be approved by the Interim Executive Director. For amounts greater than $15,000, Authority Board approval is required. (C) Transfers up to $15,000 between line items may be approved by the Interim Executive Director. For amounts greater than $15,000, Agency Board approval is required. (D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund. (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations Resolution No. SA 2015-005 Page 2 must be approved by the Agency Board by a majority vote of a quorum of the Agency Board. (F) All transfers made pursuant to the above provisions shall be submitted to the Agency Board for informational purposes. SECTION 5. That the Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 15th day of July 2015. MANUEL LOZANO CHAIR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, Secretary of the Successor Agency of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the Members of the Successor Agency of the City of Baldwin Park at a regular meeting of the Successor Agency on July 15, 2015, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: ALEJANDRA AVILA SECRETARY RESOLUTION NO. 2015-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2014-15 BUDGET FOR FISCAL YEAR 2015-16 PENDING FINAL APPROVAL OF THE 2015-16 BUDGET WHEREAS, the City needs an operating budget to function financially, and WHEREAS, the City desires to continue making payments in a timely basis with proper authorization established, and WHEREAS, the City Council has a properly approved budget for fiscal year 2014-15. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Baldwin Park as follows: Section 1. The City adopts as a temporary measure the fiscal year 2014-15 budget as its budget for fiscal year 2015-16. Section 2. The Chief Executive Officer is hereby directed and authorized to take any and all necessary actions to implement this budget. Section 3. The Mayor or presiding officer of the Baldwin Park City Council is hereby authorized to execute this resolution indicating its adoption by the City Council. Section 4.. The City Clerk, or her duly appointed Deputy, is directed to attest thereto. PASSED, APPROVED AND ADOPTED on this 15th day of July, 2015. Manuel Lozano, Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK Resolution No. 2015-079 Page 2 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on July 15, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. FA 2015-004 A RESOLUTION OF THE FINANCING AUTHORITY OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2014-15 BUDGET FOR FISCAL YEAR 2015-16 PENDING FINAL APPROVAL OF THE 2015-16 BUDGET WHEREAS, the Financing Authority needs an operating budget to function financially, and WHEREAS, the Financing Authority desires to continue making payments in a timely basis with proper authorization established, and WHEREAS, the Financing Authority has a properly approved budget for fiscal year 2014-15. NOW, THEREFORE BE IT RESOLVED by the Financing Authority of the City of Baldwin Park as follows: Section 1. The Financing Authority adopts as a temporary measure the fiscal year 2014-15 budget as its budget for fiscal year 2015-16. Section 2. The Financing Authority Executive Director is hereby directed and authorized to take any and all necessary actions to implement this budget. Section 3. The Chair or presiding officer of the Financing Authority is hereby authorized to execute this resolution indicating its adoption by the Financing Authority. Section 4. The City Clerk, or her duly appointed Deputy, is directed to attest thereto, PASSED, APPROVED AND ADOPTED on this 15th day of July, 2015. Manuel Lozano, Chair Resolution No. FA 2015-004 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS,. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the Financing Authority of the City of Baldwin. Park at a regular meeting of the Financing Authority on July 15, 2015, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. HA 2015-006 A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2014-15 BUDGET FOR FISCAL YEAR 2015-16 PENDING FINAL APPROVAL OF THE 2015-16 BUDGET WHEREAS, the Housing Authority needs an operating budget to function financially, and WHEREAS, the Housing Authority desires to continue making payments in a timely basis with proper authorization established, and WHEREAS, the Housing Authority has a properly approved budget for fiscal year 2014-15. NOW, THEREFORE BE IT RESOLVED by the Housing Authority of the City of Baldwin Park as follows: Section 1. The Housing Authority adopts as a temporary measure the fiscal year 2014-15 budget as its budget for fiscal year 2015-16. Section 2. The Housing Authority Executive Director is hereby directed and authorized to take any and all necessary actions to implement this budget. Section 3. The Chair or presiding officer of the Housing Authority is hereby authorized to execute this resolution indicating its adoption by the Housing Authority. Section_ 4. The City Clerk, or her duly appointed Deputy, is directed to attest thereto, PASSED, APPROVED AND ADOPTED on this 15th day of July, 2015. Manuel Lozano, Chair Resolution No. HA 2015-006 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS.. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the Housing Authority of the City of Baldwin Park at a regular meeting of the Housing Authority on July 15, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. SA 2015-006 A RESOLUTION OF THE SUCCESSOR AGENCY OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2014-15 BUDGET FOR FISCAL YEAR 2015-16 PENDING FINAL APPROVAL OF THE 2015-16 BUDGET WHEREAS, the Successor Agency needs an operating budget to function financially, and WHEREAS, the Successor Agency desires to continue making payments in a timely basis with proper authorization established, and WHEREAS, the Successor Agency has a properly approved budget for fiscal year 2014-15. NOW, THEREFORE BE IT RESOLVED by the Successor Agency of the City of Baldwin Park as follows: Section 1. The Successor Agency adopts as a temporary measure the fiscal year 2014-15 budget as its budget for fiscal year 2015-16. Section 2. The Successor Agency Executive Director is hereby directed and authorized to take any and all necessary actions to implement this budget. Section 3. The Chair or presiding officer of the Successor Agency is hereby authorized to execute this resolution indicating its adoption by the Successor Agency. Section 4. The City Clerk, or her duly appointed Deputy, is directed to attest thereto. PASSED, APPROVED AND ADOPTED on this 15th day of July, 2015. Manuel Lozano, Chair Resolution No. SA 2015-006 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the Successor Agency of the City of Baldwin Park at a regular meeting of the Successor Agency on July 15, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK TICE AND CALL OF A SPECIAL MEETING OF THE FINANCE T. O IT TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, JULY 15, 2015 at 7:00 PM. at City Hall — City Council Chambers, 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. Dated: July 9, 2015 NO OTHER BUSINESS WILL BE DISCUSSED AFFIDAVIT OF POSTING Manuel Lozano Mayor 1, Alejandra Avila, City Clerk of the City of Baldwin Paris, certify that 1 caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and e-mail to the San Gabriel Valley Tribune, and that I posted said notice as required by law on July 9, 2015. p Alejandra Avila City Clerk 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.) AGENDA COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 Manuel Lozano - Chair Cruz Baca - Vice Chair Monica Garcia - Board Member Ricardo Pacheco - Board Member Susan Rubio - Board Member PLEASE TURNOFF CELL PHONES AND PAGERS WH/LE MEET/NG /S /N PROCESS POR FAVOR DEAPAGAR SUS TELEFONOS CELULARES YBEEPERS 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 di"rigirse a la Agencia nombrada en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccidn. Si usted desea la oportunidad de oh girse a la Agencia, podra hacerto durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le pe►mite hablar por tres (3) minutos. Hay un interprete para su conveniencia. CALL TO ORDER ROLL CALL FINANCE AUTHORITY REGULAR MEETING — 7:00 PM 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 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 DES/GNADO PARA D/R/GIRSE AL COM/S/ON No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exists alguna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas, o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. /Codigo de Gobierno §54954.21 CONSENT CALENDAR 1. APPROVE OF ANNUAL STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2015/2016 Staff recommends that Council receive and file the Statement of Investment Policy for Fiscal Year 2015/2016. 2. TREASURER'S REPORT — APRIL 2015 AND MAY 2015 Staff recommends that Council receive and file the Treasurer's Reports for April 2015 and May 2015. 3. ADOPTION OF THE BUDGET FOR FISCAL YEAR 2015/2016 FOR THE CITY OF BALDWIN PARK, FINANCE AUTHORITY, HOUSING AUTHORITY AND SUCCESSOR AGENCY That the Mayor and City Council approve the Fiscal Year 2015-2016 Budget for the City, by approving Resolution Nos. 2015-078, HA 2015-005, FA 2015-003 and SA 2015-005, respectively, for the City, Housing Authority, Finance Authority and the Successor Agency. 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 foregoinp agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 9t day of July, 2015. 'je Alejandra Avila Secretary PLEASE NOTE Copies of staff reports and supporting docurnentation pertaining to each iters on this eyende are available for public viewing and inspection at City Hall, 2"d Floor Lobby Area or at the Los Angeles County Public Library in the CUy 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 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 . .. ....... U "I I 1110 11111", 0- Wo � V., ' Mi� The Honorable Mayor and Members of the City Council Maria Contreras, City Treasurer Terry Shea, Interim Director of Finance The City is required by the California Government Code to submit annually the Investment Policy for current fiscal year. Attached is the Investment Policy for Fiscal Year 2015/16. There are no changes in authorized investments or portfolio make-up from the previous investment policy. FISCAL IMPACT W That the City Council receive and file the attached Statement of Investment Policy for Fiscal Year 2015-2016. UNIM198 None. Current State Law mandates the City Council to review and adopt a Statement of Investment Policy annually. None Required Statement of Investment Policy Staff Report Page 2 BACKGROUND The State of California Government Code requires each local entity adopt an Annual Statement of Investment Policy. California Government Code Section 53600 et seq. allows a local agency having cash that is not required for the immediate use of the agency, to invest such portion of the money as it deems wise or expedient in certain types of investments. As reported in the monthly Treasurer's Report, the City of Baldwin Park has investments with the State Local Agency Investment Fund (LAIF). With the current investment situation, rates are very low, so LAIF provides the most security and liquidity without any real loss of interest. The Statement of Investment Policy is reviewed annually to include any new guidelines or legislation concerning the investing of City funds. The City's cash management system is designed to forecast immediate cash requirements and invest surplus monies to the fullest extent while still considering safety and liquidity. Staff makes investment decisions with care, skill, prudence and diligence under the current prevailing circumstances. It acts in accordance under the prevailing prudent person rule of a person in like capacity (Civil Code Section 2261, et seq) and will also only make those investments allowable under State of California Government Code Section 53600 et seq and the City adopted Statement of Investment Policy. The City's Policy is in compliance with the Government Code. The criteria for selecting investments in their order of priority are (1) safety, (2) liquidity, and (3) yield. Attachment: Annual Statement of Investment Policy CITY OF BALDWIN PARK STATEMENT OF INVESTMENT POLICY FISCAL YEAR 2015/16 A. PURPOSE The Investment Policy establishes guidelines for the investment of the City's surplus cash that is not required to meet the daily cash obligations of the City. The Investment Policy outlines the investment objectives and the allowable investments in accordance with applicable laws of the State of California. B. SCOPE 1. The Investment Policy applies to all financial assets of the City as included in the Comprehensive Annual Financial Report. 2. The Investment Policy applies to activities of the City with regard to investing surplus cash of all funds, including: a. General Fund b. Housing Authority c. Successor Agency d. Financing Authority e. Special Revenue Funds f. Internal Service Funds g. Trust & Agency Funds C. DELEGATION OF AUTHORITY The City Council has appointed the City's elected Treasurer to be responsible for surplus cash management and investment decisions and transactions. Daily cash management responsibility has been delegated to the City's Department of Finance. The Director of Finance and the Assistant Accounting Manager shall ensure compliance with the City's investment policy. All investment transactions will be approved by either the City Treasurer or the Director of Finance. D. OBJECTIVES The primary objectives, in order of priority, of the City of Baldwin Park's Investment activities are safety, liquidity and yield. The criteria for each are discussed below. Page 1 City of Baldwin Park Statement of Investment Policy Fiscal Year 2015-2016 1. SAFETY: The safety and risk associated with an investment, refers to the potential loss of principal or interest or a combination of these two amounts. Safety of principal is the primary objective and only those investments considered to be very safe will be utilized by the City of Baldwin Park. The City shall seek to ensure that capital losses resulting from securities default or the erosion of market value are avoided. 2. LI Q L IL B[TY* This refers to the ability to "cash in" at any moment in time with minimal chance of losing a portion of the principal or interest. Liquidity shall remain sufficient to enable the City of Baldwin Park to meet anticipated operating needs a hold any investments to maturity. 3. YIELD: Yield is the potential dollar earnings an investment can provide; this is also described as the rate of return or "interest". The City's investment portfolio shall be managed to obtain market rates of interest while preserving and protecting capital in the overall portfolio. E. ETHICS AND CONFLICTS OF INTEREST Officials and employees involved in the investment process shall refrain from all personal business activity that could conflict with the management of the investment program, or impairs their ability to make impartial investment decisions. All individuals involved shall disclose all gifts and income in accordance with California State Law. F. STRATEGIES 1. The City shall maintain a cash management system which accurately monitors and forecasts revenues and expenditures enabling the City to invest surplus cash to the fullest extent possible. 2. The City shall apply the prudent investor standard in the context of managing the overall portfolio. When making investment decisions, the City shall act with care, skill, prudence and diligence under circumstances then prevailing, including but not limited to, the general economic conditions and the anticipated needs of the City. The City would use the standard that a prudent person acting in a like capacity and familiarity with those matter would use in the conduct of funds of like character and with like aims, to safeguard the principal while maintaining the appropriate liquidity. 3. The City shall manage the investment portfolio with a buy -and -hold strategy rather than seek optional returns through such techniques as swaps. The buy -and -hold strategy ensures the return of all invested principal monies. The latter approach would require an allocation of resources, the cost of which may be greater than the benefit realized. IM City of Baldwin Park Statement of Investment Policy Fiscal Year 2015-2016 1. The City is authorized to invest in certain types of securities in accordance with California Government Code Section 53601 et. seq. and 53635 et. seq. Authorized investments shall also include investments with the Local Agency Investment Fund (LAIF) in accordance with the California Government Code Section 16429.1. The City has further limited the types of securities in which the City may invest. Only those securities listed in the Investment Policy are authorized investments. The following are authorized investments for the City: Per Government Code Section 53601 Max Allowable Max Max Investment Allowable Allowable Percentage „Maturity Maturity • US Treasury Obligations Unlimited 365 days N/A (Bills, Notes and Bonds) • U.S. Agency Securities and Instrumentalities Unlimited 365 days N/A of Government Sponsored Corporations • Negotiable Certificates of Deposits (CDs) issued by 30% 365 days N/A A chartered bank or federal savings and loan • Time Deposits — Collateralized Unlimited 365 days $500,000 • Time Deposits — Uncollateral ized Unlimited 365 days $100,000 • Bankers Acceptance 40% 180 days 30% • Repurchase Agreements Unlimited 180 days N/A • Commercial Paper rated A-1 by Standard and 30% 180 days 10% Poor's Corporation or P-1 by Moody's Investors Services Inc. • State of California Local Agency Investment Fund Unlimited N/A $40,000,000 (LAIF) 2. Money market mutual funds managed for or by the trustees, paying agents and custodian banks contracted by the City may be purchased as allowed under the California Government Code. Only funds holding U.S. Treasury or Agency obligations can be utilized. 3. No investment shall be made in any security underlying a repurchase agreement, other than a security with a term remaining to maturity in excess of five years. 4. No investment shall be made in any security that could result in zero interest accrual if held to maturity. These include inverse floaters, range notes, or mortgage derived interest -only strips. City of Baldwin Park Statement of Investment Policy Fiscal Year 2015-2016 H. SAFEKEEPING AND COLLATERALIZATION Securities purchased from a broker or dealer shall be held in third party safekeeping by the trust department of the City's bank or other designated third party trust, in the City's name and control. All securities will be received and delivered using standard delivery -versus -payment procedure. Deposit -type securities (i.e. certificates of deposit) shall be collateralized in accordance with the State of California Government Code. I. REPORTING REQUIREMENTS The City Council will be provided a monthly Treasurer's Report approximately 45 days following the end of the month. Data for investments will include: purchase and maturity dates, PAR values, current principal, premium or discount, interest rate, description, book value, and market value. Cash in the bank will be reported by entity at the amount on the monthly bank statements. J. INVESTMENT POLICY The City Council will be provided an annual Statement of Investment Policy for their approval during the first quarter of the fiscal year. K. QUALIFIED BROKER/DEALERS The City shall only conduct investment transactions with banks, savings and loans or with licensed broker/dealers. L. INVESTMENT EARNINGS Investment earnings from authorized investments are allocated quarterly to various funds based on their month end balances of the pooled portfolio. Page 4 STAFF REPORT SAS 'R'ie # '4`b JA', W IM s MIX" Honorable Mayor and City Councilmembers Terry Shea, Interim Director of Finance'�/ DATE: July 15, 2015 SUMMARY Attached is the Treasurer's Report for the months of April 2015 and May 2015. 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 Reports for April 2015 and May 2015. 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 SALDWIN PARK TREASURER'S REPORT 4P)W 01 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 April 2015 and several depositstwithdrawals 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: 1 itr°ertarr of Finance _ ..._ t^e� �,,.• INTEREST'RAPU t MATURITY RM LCF l l l �^l i ww.. t IR At AP Viitl �.. �CAVARRPI LI State of California Local AgencyInvestment Fund City 0:28% Varies Varies 25,125,128.25 25,125,128.25 25;725;128.25 25,125,128.25 Housing Authority 0.28% Varies Varies 13,063.61 13,063.61 13;063:61 13,063.61 -. 25,138;191;86 25,%38,1191.86 X25,138,191.86 25,13,8,191.86 Fiscal Agent Funds - City Varies 'Varies Varies 2,222,642.52 2,222,642.52 2,222,642.53 2,222,642.52 Fiscal Agent Funds - Successo Varies Varies Varies 2,937;982.94 2,937,982.94 2;937;982:94 2,937,982.94 30;298,817.32 S 30 298,817.32 m...1 5,160,625.46 $ 30,298,817.32 .. Total Investments $ 30,298,817.32 Cash City Checking 9,734,490.94 City Miscellaneous Cash 79,517.20 Comm.`.Develop. Comm. 0.00 Successor Agency 5,682,755.88 Housing Authority 88,332.12 =Financing Authority 0.00 Total Cash 15,585,096.14 Total Cash and Investments S 45,883,913.46 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 April 2015 and several depositstwithdrawals 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: 1 itr°ertarr of Finance _ ..._ t^e� �,,.• CITY OF BALDWIN PARK TREASURER'S REPORT 4/30/2015 INVESTMENT INTEREST SE PURCHASE MATURITY PAR CURRENT BOOK MARKET 11 DESCRIPTION RATE DATE VALUE PRINWAL VALUE _VALUE JI State of California Local Agency Investment Fund City 0.28% Varies Varies 26,125,128.26 25,125,128.25 25,126,128.25 25,126,128.25 Housing Authority 0.28% Varies Varies 13,063.61 13,063.61 13,063.61 13,063.61 -----H5—,138,191.86- —25,-1--3--8-,-191.86 —25,138;191.86 —26,138;191.86 Fiscal Agent Funds - City Varies Varies Varies 2,222,642.52 2,222,642.52 2,222,642.52 2,222,642.52 Fiscal Agent Funds - Successo Varies Varies Varies 2,937,982.94 2,937,982.94 2,937,982.94 2,937,982.94 $ 30„2'98„8'17-32 $ 30,298,817,32 .. . . . ....... . 5,160,625.46 30,=2981817�j IT Total Investments $ 30,298,817.32 Cash City Checking 9,734,490.94 City Miscellaneous Cash 79,517.20 Comm. Develop. Comm. 0.00 Successor Agency 5,682,755.88 Housing Authority 88,332.12 Financing Authority 0.00 Total Cash 15 585,096.14 Total Cash and Investments $ 45,883,913.46 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 April 2015 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: Interii flArecturofFinance ITEM NO. '�l^i i� g' STAFF REPOR"' y TO: Honorable Mayor and City Councilmembers sous or FROM Shannon Yauchze , Chief Execillive Office r ,THE Terry Shea, LntenFin:nlih•ector SAN VALLEY DATE: July 15, 2015 SUBJECT: ADOPTION OF THE BUDGET FOR FISCAL YEAR 2015/2016 FOR THE CITY, FINANCE AUTHORITY, HOUSING AUTHORITY AND SUCCESSOR AGENCY SUMMARY The Mayor and City Council are required to adopt a budget annually for each fiscal year for the City. In addition, they must also adopt budgets for the Successor Agency, the Housing Authority and the Financing Authority where they also sit as Board Members. Attached are copies of the proposed budgets for Fiscal Year 2015/2016 and the Resolutions which approve the adoption of each budget, respectively. FISCAL IMPAC '1:' TOTAL BUDGET $79,730,355 General Fund Expense $26,332,832 General Fund Revenue $26,421,395 General Fund Surplus $ 88,563 Other Funds Internal Service Funds $ 4,918,375. Special Revenue Funds $21,517,810. Financing Authority $ 3,355,763. Housing Authority $ 5,548,128. Successor Agency $18,057,446. RECOMMENDATION That the Mayor and City Council approve the Fiscal Year 2015/2016 Budget for the City, by Resolution No. 2015-078, for the Housing Authority by Resolution No. 2015-005, for the Finance Authority by Resolution No. FA 2015-003, and the Successor Agency by Resolution No.SA 2015-005. LEGAL epoREVIEW h sIbe Th reviewed and approved by the City Attorney as to legal form and content. BACK(I)F IOUND The Mayor and City Council must adopt a budget each fiscal year for the City and its respective Agency and Authorities to operate. The Chief Executive and Director of Finance met initially with each member of the Executive Team to review their departmental budgets and their various requests. From those meetings a proposed budget was assembled for the Mayor and City Council to review and consider. The Mayor and Members of the City Council held a Public Hearing and initial study session on June 23, 2015. During this session, staff was asked to respond to various questions, including providing additional information and proposing alternatives. At the meeting of June 23, the Mayor and City Council gave staff final directions as to the changes to be made to the original proposed budget. Those changes have been incorporated into the attached documents. The theme for this next budget year is "Moving Forward ....." The objective of the budgets presented, respectively, is to continue replacing key outdated equipment and vehicles, restoring service levels and reviving the spirit of the staff and community. July 15, 2015 Fiscal Year 2015/2016 Budget The City-wide total proposed budget for Fiscal Year 2015-16 is $79,730,355. The City's General Fund budget is proposed to be $26,332,832. This is an increase of $1,309,063 or 5% over last year's budget for the General Fund. It provides for increases in service levels including restoring the State of the City Address, Celebrate Baldwin Park Parade, and improvements in infrastructure. The proposed budget has a projected surplus of $88,563 and a projected ending General Fund Balance of $7.55 million. The proposed budget allows for the replacement of four police patrol vehicles, six public works vehicles, one planning vehicle, updated computer servers, and financial software which will significantly increase efficiency. In accordance with Council direction at the June 23 meeting, the "Celebrate Baldwin Park" parade will be reinstated and partial funding will be appropriated for the State of the City Address. Supplemental funds may be sought through local sponsorships to provide complete funding for both events. This budget also provides for COLA increases and benefits as for the CEA and SEIU groups, and future budget adjustments will be made as terms with other employee groups are approved. Public safety continues to be the priority for the Mayor and City Council. This budget will provide funding for a total of 72 sworn positions for full year by adding two new Police Officer positions, up from 70 positions last year and restores the Police Reserve and Cadet programs. Because of the previous economic downturn, there were many positions eliminated several years ago. The duties and responsibilities of those positions were picked up by current staff or the work hours of part-time employees were increased. This budget includes restoring finance staffing levels by adding one full-time Accountant, updating the Assistant Accounting Manager to Accounting Manager, hiring a second Public Work Supervisor as previously approved by Council, modifying six part-time Code Enforcement Officers to three full-time positions, and converting a part-time position to a full-time position in Information Technology. This should result in better service over the long term, providing for more continuity, less employee turn -over, more productivity and better service to the community. While there has been a definite growth in the economy, some related economic revenue sources remain behind and the recovery of the economy is still sow and fragile. The City needs to continue to take a balanced and conservative approach to spending and the managing of these expenditures. Staff will continue to monitor expenditures and appropriations closely and will keep the Mayor and City Council appraised of any changes that will impact revenues and the budget. In addition, staff will continue to bring to the City Council various revenue options for them to discuss and consider at a later date. The adoption of these four Resolutions will allow the City to continue operations and to provide the necessary services to the community for the next fiscal year. ALTERNATIVES Iii tae cvmit the budget is not adopted by July 1, 2015, staff is recommending that the City Council approve Continuing Appropriation Resolutions Nos. 2015-078; HA 2015-005; FA 2015-003; and SA 2015-005, which will allow the City to operate with the prior fiscal year's budget until a new budget is adopted. This will allow the City to continue providing vital services to the community but does not allow for spending for any new programs, including new capital improvement expenditures, until such time as a new budget is adopted by the City Council. A'l'llACHMENTS 2. Budge uResolution Nos. 2015-078; HA 2015-005; FA 2015-003; and SA 2015-005 Contig g Appropriation Resolution Nos. 2015-079; HA 2015-006; FA 2015-004; and SA 2015-006 RESOLUTION NO. 2015-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2015 AND ENDING JUNE 30, 2016 THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. That the Budget for the City of Baldwin Park for the fiscal year commencing July 1, 2015 and ending June 30, 2016, is hereby adopted as prepared and submitted by the Chief Executive Officer and as modified by the City Council for said fiscal year. A Budget is attached to this Resolution for adoption as presented. SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several departments, offices, and agencies for the respective objects and purposes therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable ordinances of the City and statutes of the State. SECTION 3. That the authority granted for making expenditures from other than the General Fund shall be limited to the actual amount of money received from the source of funds indicated in the Budget for each department, section, or purpose, and no liability upon the General Fund is assumed or can be imposed in excess of such amounts as may be provided therefore in this Budget from the General Fund. In the event that the amounts of money received and credited to the special funds exceed the amount herein estimated, such excess receipts shall be considered deferred allocations in such special funds, contingent upon such receipt and no expenditure thereof made except under the provisions as provided by law or ordinance. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner: (A) That at any meeting after adoption of the budget, total appropriations may be amended by the City Council by a majority vote of a quorum of the City Council. (B) For transfers of appropriations within the same cost center program, such transfers in an amount less than $10,000 may be approved by the department head, and such transfers up to $15,000 may be approved by the Chief Executive Officer. For amounts greater than $15,000, City Council approval is required. Resolution No. 2015-078 Page 2 (C) Transfers up to $15,000 between cost center programs may be approved by the Chief Executive Officer. For amounts greater than $15,000, City Council approval is required. (D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund. (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations must be approved by the City Council by a majority vote of a quorum of the City Council. (F) All transfers made pursuant to the above provisions shall be submitted to the City Council for informational purposes. SECTION 5. That the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 15th day of July, 2015. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council on July 15, 2015, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. FA 2015-003 A RESOLUTION OF THE FINANCING AUTHORITY OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2015 AND ENDING JUNE 30, 2016 THE FINANCING AUTHORITY BOARD MEMBERS OF THE CITY OF BALDWIN PARK DO RESOLVE AS FOLLOWS: SECTION 1. That the Budget for the Financing Authority of the City of Baldwin Park for the fiscal year commencing July 1, 2015 and ending June 30, 2016, is hereby adopted as prepared and submitted by the Financing Authority Executive Director and as modified by the Authority Board for said fiscal year. A Budget is attached to this resolution for adoption as presented. SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several line items for the respective objects and purposed therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State. SECTION 3. That the authority granted for making expenditures shall be limited to the actual amount of money received from the sources of funds indicated in the Budget and no liability upon the Authority is assumed or can be imposed in excess of such amounts as may be provided therefore in the Budget. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner: (A) That at any meeting after adoption of the budget, total appropriations may be amended by the Board Members by a majority vote of a quorum of the Authority Board. (B) For transfers of appropriations within the same cost center program, such transfers up to $15,000 may be approved by the Interim Executive Director. For amounts greater than $15,000, Authority Board approval is required. (C) Transfers up to $15,000 between line items may be approved by the Interim Executive Director. For amounts greater than $15,000, Authority Board approval is required. (D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund. (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations Resolution No. FA 2015-003 Page 2 must be approved by the Authority Board by a majority vote of a quorum of the Authority Board. (F) All transfers made pursuant to the above provisions shall be submitted to the Authority Board for informational purposes. SECTION 5. That the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 15th day of July 2015. MANUELLOZANO CHAIR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss.. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the Members of the Financing Authority of the City of Baldwin Park at a regular meeting of the Financing Authority on July 15, 2015, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. HA 2015-005 A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2015 AND ENDING JUNE 30, 2016 THE HOUSING AUTHORITY BOARD MEMBERS OF THE CITY OF BALDWIN PARK DO RESOLVE AS FOLLOWS: SECTION 1. That the Budget for the Housing Authority of the City of Baldwin Park for the fiscal year commencing July 1, 2015 and ending June 30, 2016, is hereby adopted as prepared and submitted by the Housing Authority Executive Director and as modified by the Authority Board for said fiscal year. A Budget is attached to this resolution for adoption as presented. SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several line items for the respective objects and purposed therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State. SECTION 3. That the authority granted for making expenditures shall be limited to the actual amount of money received from the sources of funds indicated in the Budget and no liability upon the Authority is assumed or can be imposed in excess of such amounts as may be provided therefore in the Budget. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner: (A) That at any meeting after adoption of the budget, total appropriations may be amended by the Board Members by a majority vote of a quorum of the Authority Board. (B) For transfers of appropriations within the same cost center program, such transfers up to $15,000 may be approved by the Interim Executive Director. For amounts greater than $15,000, Authority Board approval is required. (C) Transfers up to $15,000 between line items may be approved by the Interim Executive Director. For amounts greater than $15,000, Authority Board approval is required. (D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund. (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations Resolution No. HA 2015-005 Page 2 must be approved by the Authority Board by a majority vote of a quorum of the Authority Board. (F) All transfers made pursuant to the above provisions shall be submitted to the Authority Board for informational purposes. SECTION 5. That the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 15th day of July 2015. MANUELLOZANO CHAIR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the Members of the Housing Authority of the City of Baldwin Park at a regular meeting of the Housing Authority on July 15, 2015, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. SA 2015-005 A RESOLUTION OF THE SUCCESSOR AGENCY OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2015 AND ENDING JUNE 30, 2016 THE SUCCESSOR AGENCY BOARD MEMBERS OF THE CITY OF BALDWIN PARK DO RESOLVE AS FOLLOWS: SECTION 1. That the Budget for the Successor Agency of the City of Baldwin Park for the fiscal year commencing July 1, 2015 and ending June 30, 2016, is hereby adopted as prepared and submitted by the Executive Director of the Successor Agency and as modified by the Agency Board for said fiscal year. A Budget is attached to this resolution for adoption as presented. SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several line items for the respective objects and purposed therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State. SECTION 3. That the authority granted for making expenditures shall be limited to the actual amount of money received from the sources of funds indicated in the Budget and no liability upon the Authority is assumed or can be imposed in excess of such amounts as may be provided therefore in the Budget. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner: (A) That at any meeting after adoption of the budget, total appropriations may be amended by the Board Members by a majority vote of a quorum of the Authority Board. (B) For transfers of appropriations within the same cost center program, such transfers up to $15,000 may be approved by the Interim Executive Director. For amounts greater than $15,000, Authority Board approval is required. (C) Transfers up to $15,000 between line items may be approved by the Interim Executive Director. For amounts greater than $15,000, Agency Board approval is required. (D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund. (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations Resolution No. SA 2015-005 Page 2 must be approved by the Agency Board by a majority vote of a quorum of the Agency Board. (F) All transfers made pursuant to the above provisions shall be submitted to the Agency Board for informational purposes. SECTION 5. That the Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 15th day of July 2015. MANUELLOZANO CHAIR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, Secretary of the Successor Agency of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the Members of the Successor Agency of the City of Baldwin Park at a regular meeting of the Successor Agency on July 15, 2015, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: ALEJANDRA AVILA SECRETARY RESOLUTION NO. 2015-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2014-15 BUDGET FOR FISCAL YEAR 2015-16 PENDING FINAL APPROVAL OF THE 2015-16 BUDGET WHEREAS, the City needs an operating budget to function financially, and WHEREAS, the City desires to continue making payments in a timely basis with proper authorization established, and WHEREAS, the City Council has a properly approved budget for fiscal year 2014-15. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Baldwin Park as follows: Section 1. The City adopts as a temporary measure the fiscal year 2014-15 budget as its budget for fiscal year 2015-16. Section 2. The Chief Executive Officer is hereby directed and authorized to take any and all necessary actions to implement this budget. Section 3. The Mayor or presiding officer of the Baldwin Park City Council is hereby authorized to execute this resolution indicating its adoption by the City Council. Section 4. The City Clerk, or her duly appointed Deputy, is directed to attest thereto. PASSED, APPROVED AND ADOPTED on this 15th day of July, 2015. Manuel Lozano, Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK Resolution No. 2015-079 Page 2 I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on July 15, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. FA 2015-004 A RESOLUTION OF THE FINANCING AUTHORITY OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2014-15 BUDGET FOR FISCAL YEAR 2015-16 PENDING FINAL APPROVAL OF THE 2015-16 BUDGET WHEREAS, the Financing Authority needs an operating budget to function financially, and WHEREAS, the Financing Authority desires to continue making payments in a timely basis with proper authorization established, and WHEREAS, the Financing Authority has a properly approved budget for fiscal year 2014-15. NOW, THEREFORE BE IT RESOLVED by the Financing Authority of the City of Baldwin Park as follows: Section 1 The Financing Authority adopts as a temporary measure the fiscal year 2014-15 budget as its budget for fiscal year 2015-16. Section 2. The Financing Authority Executive Director is hereby directed and authorized to take any and all necessary actions to implement this budget. Section 3. The Chair or presiding officer of the Financing Authority is hereby authorized to execute this resolution indicating its adoption by the Financing Authority. Section 4. The City Clerk, or her duly appointed Deputy, is directed to attest thereto.. PASSED, APPROVED AND ADOPTED on this 15th day of July, 2015. Manuel Lozano, Chair Resolution No. FA 2015-004 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the Financing Authority of the City of Baldwin Park at a regular meeting of the Financing Authority on July 15, 2015, by the following vote: AYES: MEMBERS:. NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. HA 2015-006 A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2014-15 BUDGET FOR FISCAL YEAR 2015-16 PENDING FINAL APPROVAL OF THE 2015-16 BUDGET WHEREAS, the Housing Authority needs an operating budget to function financially, and WHEREAS, the Housing Authority desires to continue making payments in a timely basis with proper authorization established, and WHEREAS, the Housing Authority has a properly approved budget for fiscal year 2014-15. NOW, THEREFORE BE IT RESOLVED by the Housing Authority of the City of Baldwin Park as follows: Section 1. The Housing Authority adopts as a temporary measure the fiscal year 2014-15 budget as its budget for fiscal year 2015-16. Section 2. The Housing Authority Executive Director is hereby directed and authorized to take any and all necessary actions to implement this budget. Section 3. The Chair or presiding officer of the Housing Authority is hereby authorized to execute this resolution indicating its adoption by the Housing Authority. Section 4. The City Clerk, or her duly appointed Deputy, is directed to attest thereto. PASSED, APPROVED AND ADOPTED on this 15th day of July, 2015, Manuel Lozano, Chair Resolution No. HA 2015-006 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS.. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the Housing Authority of the City of Baldwin Park at a regular meeting of the Housing Authority on July 15, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. SA 2015-006 A RESOLUTION OF THE SUCCESSOR AGENCY OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2014-15 BUDGET FOR FISCAL YEAR 2015-16 PENDING FINAL APPROVAL OF THE 2015-16 BUDGET WHEREAS, the Successor Agency needs an operating budget to function financially, and WHEREAS, the Successor Agency desires to continue making payments in a timely basis with proper authorization established, and WHEREAS, the Successor Agency has a properly approved budget for fiscal year 2014-15. NOW, THEREFORE BE IT RESOLVED by the Successor Agency of the City of Baldwin Park as follows: Section 1. The Successor Agency adopts as a temporary measure the fiscal year 2014-15 budget as its budget for fiscal year 2015-16. Section 2. The Successor Agency Executive Director is hereby directed and authorized to take any and all necessary actions to implement this budget. Section 3. The Chair or presiding officer of the Successor Agency is hereby authorized to execute this resolution indicating its adoption by the Successor Agency. Section 4. The City Clerk, or her duly appointed Deputy, is directed to attest thereto. PASSED, APPROVED AND ADOPTED on this 15th day of July, 2015. Manuel Lozano, Chair Resolution No. SA 2015-006 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the Successor Agency of the City of Baldwin Park at a regular meeting of the Successor Agency on July 15, 2015, by the following vote: AYES: I COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK NOTICE AND CALL OF A SPECIAL MEETING OF THE HOUSING I TH ITY TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, JULY 15, 2015 at 7:00 PM. at City Hall — City Council Chambers, 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. Dated: July 9, 2015 NO OTHER BUSINESS WILL BE DISCUSSED AFFIDAVIT OF POSTING Manuel Lozano Mayor 1, Alejandra Avila, City Clerk of the City of Baldwin Park, certify that 1 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 1 posted said notice as required by law on July 9, 2015. Alejandra Avila City Clerk 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.) AGENDA COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 t rra�vEaC� Manuel Lozano - Chair Cruz Baca - Vice Chair Monica Garcia - Board Member Ricardo Pacheco - Board Member Susan Rubio - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG IS /N PROCESS POR FAVOR DEAPAGAR SUS TELEFONOS CELULARES YEEEPERS 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 invite al publico a dirigirse a la Agencia nombrada en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier terra que est6 bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse a la Agencia, pods hacerto durante el periodo de Comentarios del Pdblico (Public Communications) anunciado en la agenda. A Cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. CALL TO ORDER ROLL CALL HOUSING AUTHORITY REGULAR MEETING — 7:00 PM 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 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 COMIS16N No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaracibnes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracibn en juntas proximas. (Codigo de Gobierno §54954.2] CONSENT CALENDAR 1, APPROVE OF ANNUAL STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2015/2016 Staff recommends that Council receive and file the Statement of Investment Policy for Fiscal Year 2015/2016. 2. TREASURER'S REPORT — APRIL 2015 AND MAY 2015 Staff recommends that Council receive and file the Treasurer's Reports for April 2015 and May 2015. 3. ADOPTION OF THE BUDGET FOR FISCAL YEAR 2015/2016 FOR THE CITY OF BALDWIN PARK, FINANCE AUTHORITY, HOUSING AUTHORITY AND SUCCESSOR AGENCY That the Mayor and City Council approve the Fiscal Year 2015-2016 Budget for the City, by approving Resolution Nos. 2015-078, HA 2015-005, FA 2015-003 and SA 2015-005, respectively, for the City, Housing Authority, Finance Authority and the Successor Agency ADJOURNMENT CERTIFICATION I, Alejandra Avila, Secretary of the Finance Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 9 day of July, 2015. d ,..m Alejandra Avila Secretary PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at kr,usseli .balivwirrkcrrxr. 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) STAFF REPORT TO: The Honorable Mayor and Members of the City Council HU FROM: Maria Contreras, City Treasurer Terry Shea, Interim Director of Finance JAtad DATE: July 15, 2015 SUBJECT: APPROVAL OF ANNUAL STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2015/16 The City is required by the California Government Code to submit annually the Investment Policy for current fiscal year. Attached is the Investment Policy for Fiscal Year 2015/16. There are no changes in authorized investments or portfolio make-up from the previous investment policy. FISCAL IMPACT None That the City Council receive and file the attached Statement of Investment Policy for Fiscal Year 2015-2016. None. Current State Law mandates the City Council to review and adopt a Statement of Investment Policy annually. None Required Statement of Investment Policy Staff Report Page 2 BACKGROUND The State of California Government Code requires each local entity adopt an Annual Statement of Investment Policy. California Government Code Section 53600 et seq. allows a local agency having cash that is not required for the immediate use of the agency, to invest such portion of the money as it deems wise or expedient in certain types of investments. As reported in the monthly Treasurer's Report, the City of Baldwin Park has investments with the State Local Agency Investment Fund (LAIF). With the current investment situation, rates are very low, so LAIF provides the most security and liquidity without any real loss of interest. The Statement of Investment Policy is reviewed annually to include any new guidelines or legislation concerning the investing of City funds. The City's cash management system is designed to forecast immediate cash requirements and invest surplus monies to the fullest extent while still considering safety and liquidity. Staff makes investment decisions with care, skill, prudence and diligence under the current prevailing circumstances. It acts in accordance under the prevailing prudent person rule of a person in like capacity (Civil Code Section 2261, et seq) and will also only make those investments allowable under State of California Government Code Section 53600 et seq and the City adopted Statement of Investment Policy. The City's Policy is in compliance with the Government Code. The criteria for selecting investments in their order of priority are (1) safety, (2) liquidity, and (3) yield. Attachment: Annual Statement of Investment Policy CITY OF BALDWIIN PARK STATEMENT OF INVESTMENT POLICY FISCAL YEAR 2015/16 A. PURPOSE The Investment Policy establishes guidelines for the investment of the City's surplus cash that is not required to meet the daily cash obligations of the City. The Investment Policy outlines the investment objectives and the allowable investments in accordance with applicable laws of the State of California. B. SCOPE I. The Investment Policy applies to all financial assets of the City as included in the Comprehensive Annual Financial Report. 2. The Investment Policy applies to activities of the City with regard to investing surplus cash of all funds, including: a. General Fund b. Housing Authority c. Successor Agency d. Financing Authority e. Special Revenue Funds f. Internal Service Funds g. Trust & Agency Funds C. DELEGATION OF AUTHORITY The City Council has appointed the City's elected Treasurer to be responsible for surplus cash management and investment decisions and transactions. Daily cash management responsibility has been delegated to the City's Department of Finance. The Director of Finance and the Assistant Accounting Manager shall ensure compliance with the City's investment policy. All investment transactions will be approved by either the City Treasurer or the Director of Finance. D. OBJECTIVES The primary objectives, in order of priority, of the City of Baldwin Park's Investment activities are safety, liquidity and yield. The criteria for each are discussed below. - City of Baldwin Park Statement of Investment Policy Fiscal Year 2015-2016 1. SAFETY: The safety and risk associated with an investment, refers to the potential loss of principal or interest or a combination of these two amounts. Safety of principal is the primary objective and only those investments considered to be very safe will be utilized by the City of Baldwin Park. The City shall seek to ensure that capital losses resulting from securities default or the erosion of market value are avoided. 2. LIIiIDIY�-This refers to the ability to "cash in" at any moment in time with minimal chance of losing a portion of the principal or interest. Liquidity shall remain sufficient to enable the City of Baldwin Park to meet anticipated operating needs a hold any investments to maturity. 3. YIELD; Yield is the potential dollar earnings an investment can provide; this is also described as the rate of return or "interest". The City's investment portfolio shall be managed to obtain market rates of interest while preserving and protecting capital in the overall portfolio. E. ETHICS AND CONFLICTS OF INTEREST Officials and employees involved in the investment process shall refrain from all personal business activity that could conflict with the management of the investment program, or impairs their ability to make impartial investment decisions. All individuals involved shall disclose all gifts and income in accordance with California State Law. F. STRATEGIES 1. The City shall maintain a cash management system which accurately monitors and forecasts revenues and expenditures enabling the City to invest surplus cash to the fullest extent possible. 2. The City shall apply the prudent investor standard in the context of managing the overall portfolio. When making investment decisions, the City shall act with care, skill, prudence and diligence under circumstances then prevailing, including but not limited to, the general economic conditions and the anticipated needs of the City. The City would use the standard that a prudent person acting in a like capacity and familiarity with those matter would use in the conduct of funds of like character and with like aims, to safeguard the principal while maintaining the appropriate liquidity. 3. The City shall manage the investment portfolio with a buy -and -hold strategy rather than seek optional returns through such techniques as swaps. The buy -and -hold strategy ensures the return of all invested principal monies. The latter approach would require an allocation of resources, the cost of which may be greater than the benefit realized. Page 2 City of Baldwin Park Statement of Investment Policy Fiscal Year 2015-2016 G. INVESTMENT PORTFOLIO 1. The City is authorized to invest in certain types of securities in accordance with California Government Code Section 53601 et. seq. and 53635 et. seq. Authorized investments shall also include investments with the Local Agency Investment fund (LAIF) in accordance with the California Government Code Section 16429.1. The City has further limited the types of securities in which the City may invest. Only those securities listed in the Investment Policy are authorized investments. The following are authorized investments for the City: Per Government Code Section 53601 Max Allowable Max..............�...............�� Max Investment Allowable Allowable Percentap,e Maturity_—matu—city US Treasury Obligations Unlimited 365 days N/A (Bills, Notes and Bonds) U.S. Agency Securities and Instrumentalities Unlimited 365 days N/A of Government Sponsored Corporations Negotiable Certificates of Deposits (CDs) issued by 30% 365 days N/A A chartered bank or federal savings and loan Time Deposits—Collateralized Unlimited 365 days $500,000 Time Deposits — Uncollateralized Unlimited 365 days $100,000 Bankers Acceptance 40% 180 days 30% • Repurchase Agreements Unlimited 180 days N/A Commercial Paper rated A-1 by Standard and 30% 180 days 10% Poor's Corporation or P-1 by Moody's Investors Services Inc. State of California Local Agency investment Fund Unlimited N/A $40,000,000 (LAI F) 2, Money market mutual funds managed for or by the trustees, paying agents and custodian banks contracted by the City may be purchased as allowed under the California Government Code. Only funds holding U.S. Treasury or Agency obligations can be utilized. 3. No investment shall be made in any security underlying a repurchase agreement, other than a security with a term remaining to maturity in excess of five years. 4. No investment shall be made in any security that could result in zero interest accrual if held to maturity. These include inverse floaters, range notes, or mortgage derived interest -only strips. 9 City of Baldwin Park Statement of Investment Policy Fiscal Year 2015-2016 H. SAFEKEEPING AND COLLATERALIZATION Securities purchased from a broker or dealer shall be held in third party safekeeping by the trust department of the City's bank or other designated third party trust, in the City's name and control. All securities will be received and delivered using standard delivery -versus -payment procedure. Deposit -type securities (i.e. certificates of deposit) shall be collateralized in accordance with the State of California Government Code. I. REPORTING REQUIREMENTS The City Council will be provided a monthly Treasurer's Report approximately 45 days following the end of the month. Data for investments will include: purchase and maturity dates, PAR values, current principal, premium or discount, interest rate, description, book value, and market value. Cash in the bank will be reported by entity at the amount on the monthly bank statements. J. INVESTMENT POLICY The City Council will be provided an annual Statement of Investment Policy for their approval during the first quarter of the fiscal year. K. QUALIFIED BROKER/DEALERS The City shall only conduct investment transactions with banks, savings and loans or with licensed broker/dealers. L. INVESTMENT EARNINGS Investment earnings from authorized investments are allocated quarterly to various funds based on their month end balances of the pooled portfolio. STAFF . �,P R� :" 0 {� l ar q 0 k5A r A F I L o da an.W .;;.NyWy% �., �� TO: FROM: ITEM NO. Honorable Mayor and City Councilmembers Terry Shea, Interim Director of Financc-11 DATE: July 15, 2015 SUBJECT: TREASURER'S REPORT — APRIL 2015 & MAY 2015 SUMMARY Attached is the Treasurer's Report for the months of April 2015 and May 2015. 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 Reports for April 2015 and May 2015. 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,bALDwih PARK ,TREASURER'S REPORT 4130120,15 INVESTMENT INTEREST PURCHASE MAI'URITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE State of California Local Agency Investment Fund City -0.28% Varies Varies 25,125,128.25 25,125,128.25 .25,125,128.25 25,125,128.25 Housing Authority 6.-28%® Varies Varies 131063.61 13,063.61 113,09161 13,063.61 25,138,191-86 -25,138,191.86 25,138,151.86ITmm 25,138,191.86 Fiscal Agent Funds - City Varies Varies Varies 2,222,642.52 2,222,642.52 2,222i642.52 2,222,642.52 fiscal Agent Funds -Successo Varies Varies Varies 2,937i982.94 2,937,982.94 2i937i982:94 2,937,982.94 30,290 M 98,817,32 5,160i625.46 .30.,2 98 817.32 Total Investments $ 30,298,817.32 Cash City Checking 9,734,490.94 City :Miscellaneous Cash :79,517.20 Comm.`.Develop. Comm. 0.00 Successor Agency 5,682,755.88 Housing Authority 88,332.12 flnancing Authority 0.00 Total Cash 15 585 096-14 Total Cash and Investments S 46,883,913.46 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 April 2015 and several depositstwithdrawals 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: tirry S&a, fnter,�01 ree(or offinance CITY OF BALDWIN PARK TREASURER'S REPORT 4130/2015 INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund City 0.28% Varies Varies 25,125,128.25 25,125,128.25 26,125,128.25 25,126,128.25 Housing Authority 0.28% Varies Varies 13,063.61 13,063.61 13,063.61 13,063.61 25,138,191.86 25,138,191.86 25,138,191.86 25,138,191.86 Fiscal Agent Funds - City Varies Varies Varies 2,222,642.52 2,222,642.62 2,222,642.52 2,222,642.52 Fiscal Agent Funds - Successo Varies Varies Varies 2,937,982.94 2,937,982.94 2,937,982.94 2,937,982.94 $ 30,298,817.32 $ 30,298,817 32 5,160,625.46 $ 30,298..817..32 Total Investments $ 30,298,817.32 Cash City Checking 9,734,490.94 City Miscellaneous Cash 79,617.20 Comm. Develop. Comm. 0.00 Successor Agency 5,682,755.88 Housing Authority 88,332.12 Financing Authority 0.00 Total Cash 15,585,096.14 . . . ........... . Total Cash and Investments 45,883,91'3.46 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 April 2015 and several depositstwithdrawals 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: . ... ....... 'I'c r ry 8, 11 ea" Interilrd)irector of Finance STAFF . 'PORT° �1UR 0 � 'THE" '. SAN GA4' I L - ' VALLEY TO: ITEM NO. i� itY � r Honorable Mayor and City Councilmembers FROM: ;Shannon Yauchzee, Chief Executive Officer Terry Shea, Interim Finance .Director DATE: July 15, 2015 SUBJECT: ADOPTION OF THE BUDGET FOR FISCAL YEAR 2015/2016 FOR THE CITY, FINANCE AUTHORITY, HOUSING AUTHORITY AND SUCCESSOR AGENCY SUMMARY The Mayor and City Council are required to adopt a budget annually for each fiscal year for the City. In addition, they must also adopt budgets for the Successor Agency, the Housing Authority and the Financing Authority where they also sit as Board Members. Attached are copies of the proposed budgets for Fiscal Year 2015/2016 and the Resolutions which approve the adoption of each budget, respectively. FISCAL IMPACT TOTAL BUDGET $79,730,355 General Fund Expense $26,332,832 General Fund Revenue $26,421,395 General Fund Surplus $ 88,563 Other Funds Internal Service Funds $ 4,918,375. Special Revenue Funds $21,517,810. Financing Authority $ 3,355,763. Housing Authority $ 5,548,128. Successor Agency $18,057,446. RECOMMENDATION That the Mayor and City Council approve the Fiscal Year 2015/2016 Budget for the City, by Resolution No. 2015-078, for the Housing Authority by Resolution No. 2015-005, for the Finance Authority by Resolution No. FA 2015-003, and the Successor Agency by Resolution No.SA 2015-005. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. BAC AGROUND The Mayor and City Council must adopt a budget each fiscal year for the City and its respective Agency and Authorities to operate. The Chief Executive and Director of Finance met initially with each member of the Executive Team to review their departmental budgets and their various requests. From those meetings a proposed budget was assembled for the Mayor and City Council to review and consider. The Mayor and Members of the City Council held a Public Hearing and initial study session on June 23, 2015. During this session, staff was asked to respond to various questions, including providing additional information and proposing alternatives. At the meeting of June 23, the Mayor and City Council gave staff final directions as to the changes to be made to the original proposed budget. Those changes have been incorporated into the attached documents. The theme for this next budget year is "Moving Forward ....." The objective of the budgets presented, respectively, is to continue replacing key outdated equipment and vehicles, restoring service levels and reviving the spirit of the staff and community. July 15, 2015 Fiscal Year 2015/2016 Budget Paee 2 The City-wide total proposed budget for Fiscal Year 2015-16 is $79,730,355. The City's General Fund budget is proposed to be $26,332,832. This is an increase of $1,309,063 or 5% over last year's budget for the General Fund. It provides for increases in service levels including restoring the State of the City Address, Celebrate Baldwin Park Parade, and improvements in infrastructure. The proposed budget has a projected surplus of $88,563 and a projected ending General Fund Balance of $7.55 million. The proposed budget allows for the replacement of four police patrol vehicles, six public works vehicles, one planning vehicle, updated computer servers, and financial software which will significantly increase efficiency. In accordance with Council direction at the June 23 meeting, the "Celebrate Baldwin Park" parade will be reinstated and partial funding will be appropriated for the State of the City Address. Supplemental funds may be sought through local sponsorships to provide complete funding for both events. This budget also provides for COLA increases and benefits as for the CEA and SEIU groups, and future budget adjustments will be made as terms with other employee groups are approved. Public safety continues to be the priority for the Mayor and City Council. This budget will provide funding for a total of 72 sworn positions for full year by adding two new Police Officer positions, up from 70 positions last year and restores the Police Reserve and Cadet programs. Because of the previous economic downturn, there were many positions eliminated several years ago. The duties and responsibilities of those positions were picked up by current staff or the work hours of part-time employees were increased. This budget includes restoring finance staffing levels by adding one full-time Accountant, updating the Assistant Accounting Manager to Accounting Manager, hiring a second Public Work Supervisor as previously approved by Council, modifying six part-time Code Enforcement Officers to three full-time positions, and converting a part-time position to a full-time position in Information Technology. This should result in better service over the long term, providing for more continuity, less employee turn -over, more productivity and better service to the community. While there has been a definite growth in the economy, some related economic revenue sources remain behind and the recovery of the economy is still sow and fragile. The City needs to continue to take a balanced and conservative approach to spending and the managing of these expenditures. Staff will continue to monitor expenditures and appropriations closely and will keep the Mayor and City Council appraised of any changes that will impact revenues and the budget. In addition, staff will continue to bring to the City Council various revenue options for them to discuss and consider at a later date. The adoption of these four Resolutions will allow the City to continue operations and to provide the necessary services to the community for the next fiscal year. ALTERNATIVES In the event tlae budget is not adopted by July 1, 2015, staff is recommending that the City Council approve Continuing Appropriation Resolutions Nos. 2015-078; HA 2015-005; FA 2015-003; and SA 2015-005, which will allow the City to operate with the prior fiscal year's budget until a new budget is adopted. This will allow the City to continue providing vital services to the community but does not allow for spending for any new programs, including new capital improvement expenditures, until such time as a new budget is adopted by the City Council. Budg 1. et Resolution Nos. 2015-078; HA 2015-005; FA 2015-003; and SA 2015-005 2. Continuing Appropriation Resolution Nos. 2015-079; HA 2015-006; FA 2015-004; and SA 2015-006 RESOLUTION NO. 2015-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2015 AND ENDING JUNE 30, 2016 THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. That the Budget for the City of Baldwin Park for the fiscal year commencing July 1, 2015 and ending June 30, 2016, is hereby adopted as prepared and submitted by the Chief Executive Officer and as modified by the City Council for said fiscal year. A Budget is attached to this Resolution for adoption as presented. SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several departments, offices, and agencies for the respective objects and purposes therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable ordinances of the City and statutes of the State. SECTION 3. That the authority granted for making expenditures from other than the General Fund shall be limited to the actual amount of money received from the source of funds indicated in the Budget for each department, section, or purpose, and no liability upon the General Fund is assumed or can be imposed in excess of such amounts as may be provided therefore in this Budget from the General Fund. In the event that the amounts of money received and credited to the special funds exceed the amount herein estimated, such excess receipts shall be considered deferred allocations in such special funds, contingent upon such receipt and no expenditure thereof made except under the provisions as provided by law or ordinance. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner: (A) That at any meeting after adoption of the budget, total appropriations may be amended by the City Council by a majority vote of a quorum of the City Council. (B) For transfers of appropriations within the same cost center program, such transfers in an amount less than $10,000 may be approved by the department head, and such transfers up to $15,000 may be approved by the Chief Executive Officer. For amounts greater than $15,000, City Council approval is required. Resolution No. 2015-078 Page 2 (C) Transfers up to $15,000 between cost center programs may be approved by the Chief Executive Officer. For amounts greater than $15,000, City Council approval is required. (D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund. (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations must be approved by the City Council by a majority vote of a quorum of the City Council. (F) All transfers made pursuant to the above provisions shall be submitted to the City Council for informational purposes. SECTION 5. That the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 15th day of July, 2015. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council on July 15, 2015, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. FA 2015-003 A RESOLUTION OF THE FINANCING AUTHORITY OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2015 AND ENDING JUNE 30, 2016 THE FINANCING AUTHORITY BOARD MEMBERS OF THE CITY OF BALDWIN PARK DO RESOLVE AS FOLLOWS: SECTION 1. That the Budget for the Financing Authority of the City of Baldwin Park for the fiscal year commencing July 1, 2015 and ending June 30, 2016, is hereby adopted as prepared and submitted by the Financing Authority Executive Director and as modified by the Authority Board for said fiscal year. A Budget is attached to this resolution for adoption as presented. SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several line items for the respective objects and purposed therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State. SECTION 3. That the authority granted for making expenditures shall be limited to the actual amount of money received from the sources of funds indicated in the Budget and no liability upon the Authority is assumed or can be imposed in excess of such amounts as may be provided therefore in the Budget. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner: (A) That at any meeting after adoption of the budget, total appropriations may be amended by the Board Members by a majority vote of a quorum of the Authority Board. (B) For transfers of appropriations within the same cost center program, such transfers up to $15,000 may be approved by the Interim Executive Director. For amounts greater than $15,000, Authority Board approval is required. (C) Transfers up to $15,000 between line items may be approved by the Interim Executive Director. For amounts greater than $15,000, Authority Board approval is required. (D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund. (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations Resolution No. FA 2015-003 Page 2 must be approved by the Authority Board by a majority vote of a quorum of the Authority Board. (F) All transfers made pursuant to the above provisions shall be submitted to the Authority Board for informational purposes. SECTION 5. That the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 15th day of July 2015. MANUELLOZANO CHAIR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the Members of the Financing Authority of the City of Baldwin Park at a regular meeting of the Financing Authority on July 15, 2015, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. HA 2015-005 A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2015 AND ENDING JUNE 30, 2016 THE HOUSING AUTHORITY BOARD MEMBERS OF THE CITY OF BALDWIN PARK DO RESOLVE AS FOLLOWS: SECTION 1. That the Budget for the Housing Authority of the City of Baldwin Park for the fiscal year commencing July 1, 2015 and ending June 30, 2016, is hereby adopted as prepared and submitted by the Housing Authority Executive Director and as modified by the Authority Board for said fiscal year. A Budget is attached to this resolution for adoption as presented. SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several line items for the respective objects and purposed therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State. SECTION 3. That the authority granted for making expenditures shall be limited to the actual amount of money received from the sources of funds indicated in the Budget and no liability upon the Authority is assumed or can be imposed in excess of such amounts as may be provided therefore in the Budget. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner: (A) That at any meeting after adoption of the budget, total appropriations may be amended by the Board Members by a majority vote of a quorum of the Authority Board. (B) For transfers of appropriations within the same cost center program, such transfers up to $15,000 may be approved by the Interim Executive Director. For amounts greater than $15,000, Authority Board approval is required. (C) Transfers up to $15,000 between line items may be approved by the Interim Executive Director. For amounts greater than $15,000, Authority Board approval is required. (D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund. (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations Resolution No. HA 2015-005 Page 2 must be approved by the Authority Board by a majority vote of a quorum of the Authority Board. (F) All transfers made pursuant to the above provisions shall be submitted to the Authority Board for informational purposes. SECTION 5. That the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 15th day of July 2015. MANUEL LOZANO CHAIR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the Members of the Housing Authority of the City of Baldwin Park at a regular meeting of the Housing Authority on July 15, 2015, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. SA 2015-005 A RESOLUTION OF THE SUCCESSOR AGENCY OF THE CITY OF BALDWIN PARK ADOPTING THE BUDGET OF THE AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2015 AND ENDING JUNE 30, 2016 THE SUCCESSOR AGENCY BOARD MEMBERS OF THE CITY OF BALDWIN PARK DO RESOLVE AS FOLLOWS: SECTION 1. That the Budget for the Successor Agency of the City of Baldwin Park for the fiscal year commencing July 1, 2015 and ending June 30, 2016, is hereby adopted as prepared and submitted by the Executive Director of the Successor Agency and as modified by the Agency Board for said fiscal year. A Budget is attached to this resolution for adoption as presented. SECTION 2. That from and after the effective date of the adoption of said Budget, the several amounts stated therein as proposed expenditures, shall be deemed appropriated to the several line items for the respective objects and purposed therein stated. All appropriations with the exception of capital improvement programs, shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered, pursuant to the provisions of all applicable statutes of the State. SECTION 3. That the authority granted for making expenditures shall be limited to the actual amount of money received from the sources of funds indicated in the Budget and no liability upon the Authority is assumed or can be imposed in excess of such amounts as may be provided therefore in the Budget. SECTION 4. That amounts appropriated to any account for any object or purpose may be transferred in the following manner: (A) That at any meeting after adoption of the budget, total appropriations may be amended by the Board Members by a majority vote of a quorum of the Authority Board. (B) For transfers of appropriations within the same cost center program, such transfers up to $15,000 may be approved by the Interim Executive Director. For amounts greater than $15,000, Authority Board approval is required. (C) Transfers up to $15,000 between line items may be approved by the Interim Executive Director. For amounts greater than $15,000, Agency Board approval is required. (D) All transfers of appropriations in accordance with subsections (B) and (C) above shall be within the same fund. (E) Any transfer of appropriations from one fund to another fund is considered a new appropriation requiring a budget amendment, and such appropriations Resolution No. SA 2015-005 Page 2 must be approved by the Agency Board by a majority vote of a quorum of the Agency Board. (F) All transfers made pursuant to the above provisions shall be submitted to the Agency Board for informational purposes. SECTION 5. That the Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 15th day of July 2015. MANUELLOZANO CHAIR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss.. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, Secretary of the Successor Agency of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the Members of the Successor Agency of the City of Baldwin Park at a regular meeting of the Successor Agency on July 15, 2015, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: ALEJANDRA AVILA SECRETARY RESOLUTION NO. 2015-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2014-15 BUDGET FOR FISCAL YEAR 2015-16 PENDING FINAL APPROVAL OF THE 2015-16 BUDGET WHEREAS, the City needs an operating budget to function financially, and WHEREAS, the City desires to continue making payments in a timely basis with proper authorization established, and WHEREAS, the City Council has a properly approved budget for fiscal year 2014-15. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Baldwin Park as follows: Section 1. The City adopts as a temporary measure the fiscal year 2014-15 budget as its budget for fiscal year 2015-16. Section 2. The Chief Executive Officer is hereby directed and authorized to take any and all necessary actions to implement this budget. Section 3. The Mayor or presiding officer of the Baldwin Park City Council is hereby authorized to execute this resolution indicating its adoption by the City Council. Section 4. The City Clerk, or her duly appointed Deputy, is directed to attest thereto. PASSED, APPROVED AND ADOPTED on this 15th day of July, 2015. Manuel Lozano, Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS. CITY OF BALDWIN PARK Resolution No. 2015-079 Page 2 I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on July 15, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. FA 2015-004 A RESOLUTION OF THE FINANCING AUTHORITY OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2014-15 BUDGET FOR FISCAL YEAR 2015-16 PENDING FINAL APPROVAL OF THE 2015-16 BUDGET WHEREAS, the Financing Authority needs an operating budget to function financially, and WHEREAS, the Financing Authority desires to continue making payments in a timely basis with proper authorization established, and WHEREAS, the Financing Authority has a properly approved budget for fiscal year 2014-15. NOW, THEREFORE BE IT RESOLVED by the Financing Authority of the City of Baldwin Park as follows: Section 1. The Financing Authority adopts as a temporary measure the fiscal year 2014-15 budget as its budget for fiscal year 2015-16. Section 2. The Financing Authority Executive Director is hereby directed and authorized to take any and all necessary actions to implement this budget. Section 3 The Chair or presiding officer of the Financing Authority is hereby authorized to execute this resolution indicating its adoption by the Financing Authority. Section 4. The City Clerk, or her duly appointed Deputy, is directed to attest thereto. PASSED, APPROVED AND ADOPTED on this 15th day of July, 2015. Manuel Lozano, Chair Resolution No. FA 2015-004 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS, CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the Financing Authority of the City of Baldwin Park at a regular meeting of the Financing Authority on July 15, 2015, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. HA 2015-006 A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2014-15 BUDGET FOR FISCAL YEAR 2015-16 PENDING FINAL APPROVAL OF THE 2015-16 BUDGET WHEREAS, the Housing Authority needs an operating budget to function financially, and WHEREAS, the Housing Authority desires to continue making payments in a timely basis with proper authorization established, and WHEREAS, the Housing Authority has a properly approved budget for fiscal year 2014-15. NOW, THEREFORE BE IT RESOLVED by the Housing Authority of the City of Baldwin Park as follows: Section 1. The Housing Authority adopts as a temporary measure the fiscal year 2014-15 budget as its budget for fiscal year 2015-16. Section 2. The Housing Authority Executive Director is hereby directed and authorized to take any and all necessary actions to implement this budget. Section 3. The Chair or presiding officer of the Housing Authority is hereby authorized to execute this resolution indicating its adoption by the Housing Authority. Section 4. The City Clerk, or her duly appointed Deputy, is directed to attest thereto. PASSED, APPROVED AND ADOPTED on this 15th day of July, 2015. Manuel Lozano, Chair Resolution No. HA 2015-006 Page 2 ATTEST:. STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the Housing Authority of the City of Baldwin Park at a regular meeting of the Housing Authority on July 15, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK RESOLUTION NO. SA 2015-006 A RESOLUTION OF THE SUCCESSOR AGENCY OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING A CONTINUING APPROPRIATION FOR THE TEMPORARY USE OF THE 2014-15 BUDGET FOR FISCAL YEAR 2015-16 PENDING FINAL APPROVAL OF THE 2015-16 BUDGET WHEREAS, the Successor Agency needs an operating budget to function financially, and WHEREAS, the Successor Agency desires to continue making payments in a timely basis with proper authorization established, and WHEREAS, the Successor Agency has a properly approved budget for fiscal year 2014-15. NOW, THEREFORE BE IT RESOLVED by the Successor Agency of the City of Baldwin Park as follows: Section 1. The Successor Agency adopts as a temporary measure the fiscal year 2014-15 budget as its budget for fiscal year 2015-16. Section 2. The Successor Agency Executive Director is hereby directed and authorized to take any and all necessary actions to implement this budget. Section 3. The Chair or presiding officer of the Successor Agency is hereby authorized to execute this resolution indicating its adoption by the Successor Agency. Section. The City Clerk, or her duly appointed Deputy, is directed to attest thereto. PASSED, APPROVED AND ADOPTED on this 15th day of July, 2015. Manuel Lozano, Chair Resolution No. SA 2015-006 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the Successor Agency of the City of Baldwin Park at a regular meeting of the Successor Agency on July 15, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK