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HomeMy WebLinkAbout2015 09 16NOTICE AND CALL OF A SPECIAL TI G 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, SEPTEMBER 16, 2015 at 6:00 PM. at City Hall — 3 I 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: September 10, 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 September 10, 2015. Alejandra Avila City Clerk UWARM CITY COUNCIL SPECIAL MEETING Please note ^� time and meeting SEPTEMBER 16, 201 location 6:00 P CITY HALL - 3rd Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 Manuel Lozano Cruz Baca Monica Garcia Ricardo Pacheco Susan Rubio - Mayor - Mayor Pro Tem - Councilmember - Councilmember Councilmember PLEASE TURNOFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DEAPAGAR SUS TELEFONOS CELULARES YdEEEPERS DURANTELA 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 dour 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 est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podr6 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 int6r rete para su conveniencia. CITY COUNCIL SPECIAL MEETING — 6:00 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 seri 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 accibn 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 declaracibnes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] 1. CENTER MEDIAN LANDSCAPE DESIGN Withers and Sandgren, the Landscape Architects for this project, will present plant palette alternatives for the City Council's review and guidance. 2. OPEN STORAGE OF VEHICLES IN THE INDUSTRIAL COMMERCIAL (IC) ZONE Presentation regarding property located at 12819 Garvey Avenue to consider allowing the open storage of vehicles in the Industrial Commercial (IC) zoning district. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code §54956.8: 4956.8: Property: APN #8550-002-033 APN #8460-005-026 APN #8556-021-042 APN #8460-006-036 APN #8556-018-046 APN #8558-002-025 APN #8556-022-905 Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Mark Kudler, Bulletin Displays, Inc. Under Negotiation: Price and terms of payment Pursuant to Government Code §f§ 56.8: Property: APN #8437-013-905 Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Robert Monzon, Montebello Housing Under Negotiation: Price and terms of payment Pursuant to Government Code54956.8: Property: 13057 Garvey Avenue 13061 Garvey Avenue 13065 Garvey Avenue Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: CalTrans Under Negotiation: Price and terms of payment 4. 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): One (1) M,� ADJOURNMENT 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 September 10, 2015. Alejandra Avila City Clerk PLEASE NOTE: Copies of stab" reports and supporting documentation pertaining to each item on this agenda are available tor public viewing and ir'aspection at City Hall, 2;4 Ftoor Lobby Area or at the Los.. Angeles County Public Library in the City of Baldwin P'aik For farther information regarding agenda items, please contact the office of the City Cleric at (626) 960-4011 ext. 466 or e-mail krussell l qtr wvr`ra ail ,c car. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Woad(sDepartment or Risk Management rat (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) i�� 1"A XCIIIII 1W.A1 60'a M I AM 9 1 1L I SEPTEMBER 16, 2 15 7:00 P COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 Manuel Lozano - Mayor Cruz Baca - Mayor Pro Tem Monica Garcia - Council Member Ricardo Pacheco - Council Member Susan Rubio - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podrd 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 int6rprete para su conveniencia. ,i`i l rnrr'1, � rr r`efdp;r/�f� 1ti,?' r; '9 1t��.n" for an oiler) „1,, ,sl r) of �'f k�f�laid�P'li ef"' ,ri�J rrr , H" �.,lr`}.� �.Rf1t�71f�<'a`I 72 how's p nor h,') �'hat Lirlrl t')c tbr,r, tlhP ic .ir.�r'1 rr� f rr, ;h. (,ir,tl ,rig r.,�� r;�,� r; �' 14403fic Af�f,r�rfe, �rrl d"l r��r rlf.frer� rf�:�rrrf�f� L�frr�;;lne' s fur�rr ; f''Pvfr)ndr� �'Y �. �... .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 54952.3, members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Presentation by San Gabriel Valley Mosquito and Vector Control District Regarding Annexation 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 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 §54954.21 ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVIC/OS DEL INTERPRETE No se podra tome acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] City Council Agenda Page 2 CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends that Council ratify the attached Warrants and Demands Register. 2. TREASURER'S REPORT — JUNE 2015 AND JULY 2015 Staff recommends that Council receive and file the Treasurer's Reports for the months of June 2015 and July 2015. 3.. REJECTION OF CLAIMS Staff recommends that Council reject the following claim(s) and direct staff to send appropriate notice of rejection to claimant(s): Ramirez, Maximiliano Langolf, Kimberly Miranda, Michael 4. MEETING MINUTES Claimant alleges that he was unaware he had to pay fines for the release of him impounded vehicle. Claimant alleges that Baldwin Park Police left cage open and her bike was stolen. Claimant alleges that he was unaware he had to pay fines for the release of him impounded vehicle. Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Special City Council Meetings held on January 18, 2012 and December 12, 2012. B. Meeting Minutes of the Housing Authority, Finance Authority, Special and Regular City Council Meetings held on August 19, 2015 5. AMENDMENT TO THE JAIL OPERATIONS AGREEMENT WITH THE GEO GROUP, INC. Staff recommends that Council: 1) Approve the Third Amendment to the Jail Operations Agreement with the Geo Group, Inc.; and 2) Authorize the Chief of Police, or his designee, to complete all the appropriate documentation to complete the amendment to the Agreement. 6. AWARD OF BID FOR CITY PROJECT NO. 2015-0091, RESIDENTIAL STREET REHABILITATION WORK Staff recommends that Council approve and award the contract to Sully -Miller Contracting Company in the amount of $1,328,175, and authorize the Mayor to execute the contract for Residential Street Rehabilitation Work project. City Council Agenda Page 3 7. CONDUCT A SECOND READING, BY TITLE ONLY AND WAIVE FURTHER READING, AND FOLLOWING SUCH READING, ADOPT ORDINANCE NO. 1380, ADDING CHAPTER 156 RELATING TO EXPEDITED AND STREAMLINED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS AS REQUIRED BY GOVERNMENT CODE SECTION 65850.5 Staff recommends that Council conduct a second reading, by title only, and waive further reading, and following such reading, adopt Ordinance No. 1380, entitled "An Ordinance of the City Council of the City of Baldwin Park Adding Chapter 156 to Article XVI Relating to Expedited and Streamlined Permitting Procedures for Small Residential Solar Energy Systems." 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. 8. APPROVAL OF THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 15-1613) FOR THE PERIOD FROM JANUARY 1, 2016 TO JUNE 30, 2016 Staff recommends that Council, as governing body of the Successor Agency: 1. Adopt the Recognized Obligation Payment Schedule (ROPS) 15-16B for the period of January 1, 2016 through June 30, 2016; and 2. Direct staff to proceed with submitting the draft ROPS 15-16B for approval to the Oversight Board; and 3. Send the approved ROPS to the County Executive Officer, County Auditor Controller, the State Controller and Department of Finance; and 4. Instruct staff to post the approved ROPS 15-16B on the City's website. REPORTS OF OFFICERS 9. REVIEW OF CURRENT APPLICATIONS AND CONSIDERATION OF APPOINTMENT, REAPPOINTMENT, OR REMOVAL OF MEMBERS OF RECREATION AND COMMUNITY SERVICES COMMISSION OR OTHER COMMISSIONS AS APPROPRIATE Staff recommends that Council review the submitted Student Commission application(s), accept nomination(s), appoint the selected individual(s) to the Parks and Community Services Commission and adopt Resolution No. 2015-090, entitled, "A Resolution of the City Council of the City of Baldwin Park Appointing Qualified Students From Three Baldwin Park High Schools To The Recreation & Community Services Commission Of The City Of Baldwin Park To Office Numbers 6, 7 And 8." 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 Agenda Page 4 10. REQUEST BY MONTEBELLO HOUSING DEVELOPMENT CORPORATION FOR AN EXTENSION OF THE TIME TO THE CURRENT EXCLUSIVE NEGOTIATION AGREEMENT (ENA) Staff is seeking direction from Council to either: 1) Grant a 6 -month extension of time to the ENA; or 2) Allow the current ENA to expire on September 18, 2015. CITY" COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS COMMUNICATIONS 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 10th day of September, 2015. ... 1 ' ," '4 e Alejandra Avila City Clerk PLEASE NOTE: Copies of staff, reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park, For further information regarding agenda items, please contact the office of the City Clerk at. (626) 6604011 ext. 466 or via e-mail at krrrussell baldvwin ark.corn. 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 46 hour's prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting.. (26 CFR 34.102.104 ADA TITLE Il) City Council Agenda Page 5 STAFF REPORT THE �e SAN GABRIEL VALLEY ITEM NO. Honorable Mayor and City Councilmembers FROM: Rose Tam, Accounting Manage) DATE: September 16, 2015 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 $396,923.19 and the attached General Warrants Register were $772,408.22 for a total amount of $1,169,331.41. LEGAL REVIEW None required. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register, BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee hoes hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: 1. The payroll of the City of Baldwin Park consisting of check numbers 197333 to 197369. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 243548 to 243839 for the period of August 02, 2015 through August 15, 2015, inclusive; these are presented and hereby ratified in the amount of $396,923.19. 2. 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TO: Honorable Mayor and City Councilmembers 4; FROM: Terry Shea Interim Director of Financ rH � � ^" SAN/)6-48,01E', ,,� DATE: September 16, 2015^` ,VLE y SUBJECT: TREASURER'S REPORT —JUNE 2015 & JULY 2015 JA SUMMARY Attached is the Treasurer's Report for the months of June 2015 and July 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 Report for June 2015 and July 2015. BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Julyor and City Council on a monthly basis. CITY OF BALDWIN PARK TREASURER'S REPORT 7/31/2016 INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT B OOK MARKET DESCW TION RATE DATE _.... DATE .._ VALUE ......,. PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund City 0.32% Varies Varies 30,144,287.50 30,144,287.50 30,144,287.50 30,144,287.50 Housing Authority 0.32% Varies Varies 13,073.35 13,073.35 13,073.35 13,073.35 __. 30,157,360.85 . 30,157,360.85 ............ _— 30,157,360.85 30,157,360.85 Fiscal Agent Funds - City Varies Varies Varies 2;925,693.96y 2,925,693.96 2,925,693.96 2,925,693.96 Fiscal Agent Funds - Successo Varies Varies Varies 4,081,724.55 4,081,724.55 4,081,724.55 4,081,724.55 y 37,164,779.36 $ 37,164,779.36 7,007,418.51 $ 3716 Total Investments $ 37,164,779.36 Cash City Checking 3,525,471.18 / City Miscellaneous Cash 63,096.28 •� Comm. Develop. Comm. 0.00 Successor Agency 4,667,746.17 Housing Authority 49,140.42 Financing Authority 0.00 Total Cash 8,305,454.05 Total Cash and Investments $ 45,470,233.41 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: Terry ,fxesr� Interim Director of Finance CITY OF BALDWIN PARK TREASURER'S REPORT 6/30/2015 .._w_ ... Ww...... ESTIM......__.� ATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local 30,125,128.50 30,125,128.50 Varies 13,063.61 13,063.61 Agency Investment Fund 30,138,192.11 30,138,192.11 30,138,19 2.11 30,13 8,192.11 City 0.30%/, Varies Housing Authority 0.30% *' Varies Fiscal Agent Funds - City Varies Varies Fiscal Agent Funds - Successo Varies Varies Varies 30,125,128.50 30,125,128.50 30,125,128.50 30,125,128.50 Varies 13,063.61 13,063.61 13,063.61 13,063.61 30,138,192.11 30,138,192.11 30,138,19 2.11 30,13 8,192.11 Varies 684,400.09 684,400.09 684,400.09 684,400.09 Varies 2,938,009.52 / 2,938,009.52 2,938,009.52 22938,009.52 $ 33,760,601.72 $ 33,760,601.72 3,622,409.61 $ 33,760,601.72 Total Investments $ 33,760,601.72 Cash City Checking 9,474,821.72 City Miscellaneous Cash 71,249.77 Comm. Develop. Comm. 0.00 Successor Agency 5,708,628.56 Housing Authority 24,509.60 Financing Authority ..--100 Total Cash 15,279,209.65 Total Cash and Investments $ 49,039,811.37 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: Terry Shea Interim Director of Finance ITEM NO. STAFF REPORT &L TO: Honorable Mayor and City Councilmembers ''U6)_'! FROM: Shama P. Curian, Human Resources Manager :. ,vc September f DATE: Se tb16 2015 SAN, IABp ' SUBJECT: REJECTION OF CLAIMS SUMMARY This report requests City Council direction reject the Claims for Damages to persons or property received for filing against the City of Baldwin Park. FISCAL I M:13ACT Fiscal impact is unknown at this time. RECOMMENDATION Staff recommends that Council reject the following claims and direct staff to send the appropriate notice of rejection to claimants: Ramirez, Maximiliano - Claimant alleges that he was unaware he had to pay fines for the release of his impounded vehicle Langolf, Kimberly - Claimant alleges the Baldwin Park Police left cage open and her bike was stolen Miranda, Michael - Claimant alleges that he was unaware he had to pay fines for the release of his impounded vehicle 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 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. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. Any specific questions should be referred to the City Attorney. ALTERNATIVES None. MINUTES BALDWIN PARK CITY COUNCIL SPECIAL Nr EE .................. JANUARY 18, 2012, 6:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at or around 6:05 p.m. by Mayor Lozano, ROLL CALL PRESENT: Councilmember Marlen Garcia Councilmember Monica Garcia Councilmember Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at or around 6:05 p.m. Seeing no one wishing to speak, Public Communications closed at or around 6:05 p.m. N Q 9 9 W WMWI 101M I 1 1101*114MM 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Property: 490 Cloverleaf Drive — APN #8564-021-018 Agency Negotiator: Vijay Singhal & Joseph Pannone Negotiating Parties: John Duong Under Negotiation: Price and terms of payment 2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (GC §54956.9(a)) Case Name: Greg Keef, Case Number 001-06-00040 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) Property: 13904 Corak St. APN #8555-017-013 13853 Garvey Ave. APN #8555-017-021 3060 Feather Ave. APN #8555-017-026 13822 Garvey Ave. APN #8555-018-002 13916 Garvey Ave. APN #8555-018-003 Agency Negotiator: Vijay Singhal & Joseph Pannone Negotiating Parties: Meruelo Baldwin Park, LLC and Kaiser Permanente Under Negotiation: Price and terms of payment RECONVENE TO OPEN SESSIONtREPORT FROM CLOSED SESSION Council reconvened to Open Session at or around 6:55 p.m. JURMENT ADere being no further business, the meeting was adjourned at or around 6:56 p.m. Manuel Lozano, Mayor ATTEST: Alejandra Avila, City Clerk Approved: MINUTES BALDWIN PARK CITY COUNCIL SPECIAL MEETING DECEMBER 12, 2012, 6:30 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 6:35 p.m. by Mayor Lozano. ROLL CALL PRESENT: Councilmember Marlen Garcia Councilmember Monica Garcia Councilmember Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 6:35 p.m. Seeing no one wishing to speak, Public Communications closed at 6:35 p.m. None. Council recessed to Closed Session at 6:36 p.m. RECESS TO CLOSED SESSION 1. PUBLIC EMPLOYEE APPOINTMENT (GC §54957) Public Works Director RECONVENE TO OPEN SESSIONIiEPORT FROM CLOSED SESSION Council reconvened to Open Session at 6:55 p.m. ADJOURNMENT There being no further business, the meeting was adjourned at 6:56 p.m. ATTEST: Alejandra Avila, City Clerk APPROVED:: Manuel Lozano, Mayor Page 1 of 1 ITEM NO. #'6 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING AUGUST 19, 2015, 5:30 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 5:35 p.m. by Mayor Lozano. ROLL CALL PRESENT: Councilmember Ricardo Pacheco (arrived at 5:40 p.m.) Councilmember Monica Garcia (arrived at 5:45 p.m.) Councilmember Susan Rubio Mayor Pro Tem Cruz Baca Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 5:42 p.m. Seeing no one wishing to speak, Public Communications closed at 5:42 p.m. OPEN SESSION 1. [Item No. 1 is Being Held Over] There was not discussion on this. 2. COTTAGE FOOD OPERATIONS ORDINANCE Presentation by staff regarding an amendment to Code that would permit Cottage Food Operations in accordance with State Law. City Planner Amy Harbin provided a narrative summary of the Ordinance, the restrictions and allowances, and noted that the Ordinance is being introduced to comply with State law. Following the presentation, Ms. Harbin responded to questions from Council. 3. CITY COUNCIL STANDING RULES / CODE OF CONDUCT Discussion regarding proposed rules/code of conduct. Chief Executive Officer Shannon Yauchzee narrated a PowerPoint presentation, noting that much of the information provided is a compilation of standards used at some of the surrounding cities. Following the presentation by Mr. Yauchzee, discussion amongst Council ensued. Baldwin Park Special Meeting — Study Session — August 19, 2015 Page 1 of 3 Mayor Lozano expressed strong objection to the proposal, opining that the introduction of this item is not necessary and that some of the items included in the presentation seem to prevent open communication and he will not support any such constrictions; stated that these types of restrictions tend to quash any and all input and ideas because the restricts free communication between Council and Staff; stated that the Chief Executive Officer/City Manager (CEO/CM) should not be a "filter" to ideas and activities. Councilmember Garcia expressed that she felt this item is a method of "bullying" and that such conduct is unethical; opined that the presentation seems to chastise councilmember and that councilmembers and staff must hold themselves to a higher standard; voiced strong objection to the item. Mayor Pro Tem Baca pointed out that the presentation is in a "draft" state and is open to changes; stated that the decorum of all members should be maintained in an adult manner; opined that the verbal abuse and derogatory statements made to other councilmembers and citizens attending council meetings is very upsetting and the purpose of this proposal is to more clearly define acceptable behavior. Councilmember Rubio expressed support for the concept, pointing out that Council is not committed to including all of the items presented but that it may be wise to pick and choose those items that would be beneficial and would promote professional and positive conduct. Councilmember Pacheco pointed out that Rules of Conduct are defined in Baldwin Park Municipal Code; opined that what has been presented here gives too much power to CEO/CM and unnecessarily restricts interaction between council and staff members; feels it stifles progress and that the current open -communication has served the City well thus far; pointed out that council is capable of working well together and that focus should be given to accomplishing projects that will benefit the community and not putting up barriers; voice objection to the item since Municipal Code already provides for rules of conduct. Lengthy discussion continued as councilmembers spoke as to whether the introduction of this item is being taken personally and that there is fear of surrendering control by Council. A motion was made by Mayor Pro Tem Baca to bring this item back at another time to consider the value of the proposed rules and select only those that would be of value. Being a Study Session item, nor formal action is necessary however Council chose to accept the motion and take a vote by roll call with majority vote rule. A motion was made by Baca, seconded by Rubio, with objection lodged by Pacheco. Ayes: Baca, Rubio Noes: Garcia, Lozano, Pacheco Absent: None. Abstain: None. Baldwin Park Special Meeting — Study Session — August 19, 2015 Page 2 of 3 4. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Three (3)* 5. CONFERENCE WITH LEGAL COUNSEL—PUBLIC EMPLOYEE APPOINTMENT Pursuant to paragraph (b) of Government Code Section 54957: Title: Finance Director ADJOURNMENT There being no further business, motion was made by Lozano, seconded by Pacheco, to adjourn the meeting at 7:10 p.m. REPORT ON CLOSED SESSION Mayor Lozano stated that no reportable action was taken on items discussed during Closed Session. Mayor ATTEST: City Clerk APPROVED: Baldwin Park Special Meeting — Study Session — August 19, 2015 Page 3 of 3 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING AUGUST 19, 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 0:00 p.m. INVOCATION The invocation was provided by Father Mike Gutierrez. 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 Mayor Lozano stated that staff received direction but that no reportable action was taken on items discussed during Closed Session. 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. Mayor Lozano asked that the meeting be closed in memory of the mother of Sister Rosario, extending sincerely sympathy to her and her family. Mayor Lozano also extended condolences to the family of a well-respected teacher and coach at Baldwin Park High School, Bill Sterling, who recently passed away; extended deepest condolences to his surviving wife, Terry, and his three sons. Mayor Pro Tem Baca asked that the meeting be closed in memory of her late Brother-in-law Danny Sambello, who was recently in a fatal boating accident. Mayor Lozano announced that he will be pulling Item No. 12, "Introduction of an Ordinance of the City Council of the City of Baldwin Park Amending Chapter 100 of the Baldwin Park Municipal Code for Official Police Tow Truck Services" off the agenda. Councilmember Rubio reminded everyone of the Street Faire which will be held the following night, Thursday, August 20, 2015, from 5:00 pm. to 9:00 p.m.; invited everyone to come out and enjoy the festivities and sample some of the many foods available from local vendors. Councilmember Pacheco announced the collaboration of the City of Baldwin Park, the County of Los Angeles, the Baldwin Park Unified School District and Mount San Antonio College (Mt. SAC) in the successful opening of Baldwin Park's "America's Job Center" which will be located in the Baldwin Park Adult and Community Education Center. Mayor Pro Tem Baca commented on the success of the recent Senior Fashion Show which was held at the Esther Snyder Senior Center; expressed appreciation to all those who put the show on and what a great turn -out there was. Councilmember Garcia announced that the total Grant Funds received for the Walnut Creek Nature Park has now reached a total of $300,000; expressed appreciation to staff for all the work put into preparing the grant applications. City Clerk Avila commented on her recent "ride along" with Baldwin Park Officer Jessica Rodriguez stating that it was a tremendous experience; invited members of the community to speak to officers with any concerns or questions they may have. None. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:17 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Juan Rios, Baldwin Park resident, asked the City Attorney to advise Council of the importance of speaking to the public in a respectful and professional manner; suggested that Council undergo training to remind members of the importance of treating people with dignity and esteem; such behavior would not be tolerated in other instances and should not be here. Art Luna, Baldwin Park resident, commented and objected to councilmembers arriving late at meetings; commented on still -outstanding meeting minutes from prior years; demanded that council apologize to certain members of the audience who were the subject of derogatory comments at a prior meeting; commented on his continued objection to the ROEM Project. Father Mike Gutierrez, Pastor at St. John the Baptist Church, commented on recent recognition by Congresswoman Hilda Solic of St. John's for its work on immigration; spoke against the pulled agenda Item No. 12, which pertained to the proposed ordinance amendment and how it relates to Royal Coaches; stated that many people have had very bad experiences with Royal Coaches, from disrespectful treatment of vehicle owners to excessive charges for impoundment of vehicles; pleaded for any further consideration of Royal Coaches be presented in a public forum in which input is taken from the community and considered as part of the decision-making process. Page 2 of 12 Bill Salazar, Co-owner of Royal Coaches Auto Tow, offered to Father Mike and his parish to sit down and have open communication and discussions regarding their concerns; Mr. Salazar expressed a great desire to address the concerns of the community so that they can be addressed before coming before Council again. Tort Mme, Leader of the Mojica Judo Club, expressed gratitude for the community's support; sought direction and support to secure additional funds for the club, noting that there are several members that have the opportunity to pursue Olympic status but that the costs can be prohibitive. Eddie Marin, Baldwin Park resident, introduced his wife Debbie and son Ricky; provided a brief history of Ricky's achievements as a member of the Mojica Judo Club and his dream to compete in the Olympics; sought support from the Council. Selvia Martin, Baldwin Park resident, expressed concern regarding the matters pertaining to Royal Coaches Auto Tow; concurs with those comments made by Father Mike regarding the contract with the proposed ordinance and extension of the auto towing contract; asked that Council consider the animosity which has been demonstrated this evening between the community and Royal Coaches, and they weight their decision with this in mind. Veronica Thomas, Baldwin Park resident, spoke regarding Royal Coaches and their conduct when Baldwin Park was setting up checkpoints to monitor those driving illegally; stated that the problems seem to be resurfacing with citizens having their cars towed and having to pay exorbitant impound fees; inferred that the upcoming elections is a contributing factor to the renewal of the long-term contract with Royal Coaches. Concelia*, Baldwin Park resident, stated that she is speaking on behalf of her community; noted that she and others are trying to provide classes for those seeking to obtain their driver's license; spoke of the hardship that many face and how people often cannot afford the impound fees; opined that the fees charged are irrational and many families cannot afford to get their cars back because of the fees; requested that Council carefully consider this contract and urged them not to sign it until the resentment by the community has been resolved; stated that she was able to obtain 200 signatures of those opposing the contract and Royal Coaches; asked why this ten year contract is even being considered when a five year contract was recently signed; opined that Council's poor decisions effect the pockets of its citizens. *Translation from Spanish to English by City Clerk Alejandra Avila. Thomas lrri, San Bernardino resident, commented on the incumbents of the upcoming election; asked why Council is considering a renewal when there is already one in place; suggested that this service should be a service that is subject to the bidding process; opined that the contract is a ploy that relates to campaign contributions; suggested that the community needs to vote for change by voting for different candidates than they have in the past. Joe Armendari „ announced that he recently qualified and is now a legitimate candidate for the Mayor's seat; offered to speak to concerned citizens regarding issues in the community; extended an invitation to those who would like to step outside to speak with him about their concerns and how he, should he be elected as Mayor, would assist them. Salvador*, Baldwin Park resident, related an experience from a few months ago when an employee driving a work truck was pulled over for a inoperable light; the officer was asked to wait until he could come to the scene but the officer would not wait and impounded the work truck; getting his truck out of impound cost $400; while there, he spoke with several other people who were attempting to get their vehicles back but who have very little money; stated Page 3 of 12 that he and the others there decided to have a meeting with police to try to resolve the issues but they felt they were not heard. *Translation from Spanish to English by City Clerk Alejandra Avila. Unidentified _speaker, Baldwin Park resident, he is embarrassed to say but he had an experience a couple of years ago when he loaned his vehicle to his son; at one of the check points, his son was stopped and the vehicle was taken from him because he did not have his driver's license on him at the time; when he went to get his car back, he was charged over $500 in impound fees; it's embarrassing the way the staff at Royal Coaches treat people who come to get their car; requested an analysis of the Royal Coaches contract be done with particular attention given to the rates they charge. *Translation from Spanish to English by City Clerk Alejandra Avila. Nicholas Thomas, Baldwin Park resident, spoke out against Royal Coaches, noting that he has witnessed come of the incidents that other speakers referred to, particularly at check points; noted that there seems to be no compassion with regard to performing their services and ignoring the ill effects of their actions when a child or children are displaced by a towed vehicle; opined that Royal Coaches operates on poor morals and it is time for a change and that the community is looking to Council to make that change. Carlos Gutierrez, Baldwin Park resident, related a recent experience that he had with Royal Coaches; they towed his truck away, having it for only 1-1/2 days, but the fees came to over $1,000; provided a receipt to show the charges; opined that Royal Coaches wants to become millionaires by charging such fees. *Translation from Spanish to English by City Clerk Alejandra Avila. Ir. Salazar, brother of Bill Salazar and co-owner of Royal Coaches, stated that tow companies all over the United States are up against this very issue, the public's perception that tow companies are trying to rob people; stated that Royal Coaches has rules and laws they must abide by, the public has rules and laws that they must abide by, and when the rules and laws are broken, the police call them in to tow the vehicles; when an unlicensed driver is cited, they do their job and tow the vehicle; Hector, Baldwin Park resident, stated that his father is afraid to visit him in Baldwin Park because he fears being pulled over, cited for a violation and his vehicle being towed; opined that the community would not be so resentful if Royal Coaches would lower their prices; as it is, many people cannot afford to get their vehicles out of impound; suggested that the contract term be set at two years and that the fees be lowered; sought justification for why Royal Coaches charge penalties for a person not picking up a vehicle immediately; noting that the $50/day is reasonable but the penalty is not. Grea Tuttle, Baldwin Park business owner, opined that the item was pulled from the agenda because a call came to the City Attorney from the L.A. County District Attorney who informed him that proposed item is illegal; alleged that councilmembers were making deals in the interest of campaign money for the election season; outlined some financial and filing incidents that he felt were questionable. Unidentified Baker, Baldwin Park resident, suggested that the Council should listen to the community and the wishes of the people; stated that his vehicle was towed by Royal Coaches; when he received a statement from the police department, it indicated that there was no damage to the vehicle and everything is in working order but when he received his car back from Royal Coaches, the trunk of the vehicle is open and there are things missing from the Page 4 of 12 vehicle; asks that Council consider this decision carefully since the citizens have to suffer these irregularities. *Translation from Spanish to English by City Clerk Alejandra Avila. Seeing no others wishing to speak, Public Communications closed at 8:10 p.m. Mayor Lozano called for a brief recess at 8:28 p.m. Mayor Lozano called the meeting order and resumed business at 8:36 p.m. Councilmembers requested that Item Nos. 2, 7, 12 and 16 be pulled for further discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 2. APPROVE THE PROPOSED EXCLUSIVE NEGOTIATION AGREEMENT (ENA) WITH ROEM DEVELOPMENT CORPORATION FOR A PROPOSED PHASE II TO A TRASIT-ORIENTED MIXED-USE DEVELOPMENT BETWEEN RAMONA BOULEVARD AND THE BALDWIN PARK CIVIC CENTER Staff recommends that Council approve the Exclusive Negotiation Agreement (ENA) with ROEM Development Corporation for a proposed Phase II to a Transit -oriented Mixed-use development between Ramona Boulevard and the Baldwin Park Civic Center and authorize the Mayor to execute the contract. Councilmember Pacheco requested this item be taken for discussion; expressed the desire to postpone a decision on this contract until some of the outstanding concerns are addressed. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to bring this item back at a future Council meeting after addressing certain concerns. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 3. APPROVE AND ADOPT THE SALARY RESOLUTION NO. 2015-086, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 2008-005, A BASIC SALARY PLAN FOR THE EMPLOYEES OF THE CITY OF BALDWIN PARK" Staff recommends that Council adopt Resolution No. 2015-086, entitled "A Resolution of the City Council of the City of Baldwin Park Amending Resolution No. 2008-005, a Basic Salary Plan for the Employees of the City of Baldwin Park." Page 5 of 12 A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to adopt Resolution No. 2015-086, entitled "A Resolution of the City Council of the City of Baldwin Park Amending Resolution No. 2008-005, a Basic Salary Plan for the Employees of the City of Baldwin Park." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 4. APPROVE AND ADOPT THE SALARY RESOLUTION NO. 2015-062, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 2005-033, FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES MEDICAL AND HOSPITAL CARE ACT" Staff recommends that Council adopt Resolution No. 2015-062, entitled "A Resolution of the City Council of the City of Baldwin Park Amending Resolution No. 2005-033, Fixing the Employer's Contribution Under the Public Employees Medical and Hospital Care Act." A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to adopt Resolution No. 2015-062, entitled "A Resolution of the City Council of the City of Baldwin Park Amending Resolution No. 2005-033, Fixing the Employer's Contribution Under the Public Employees Medical and Hospital Care Act." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 5. APPROVE THE RATIFICATION OF EMPLOYMENT AGREEMENTS WITH ROSE TAM, ACCOUNTING MANAGER, AND KRISTINE RUSSELL, CHIEF DEPUTY CITY CLERK Staff recommends that Council ratify the employment agreements with Rose Tam and Kristine Russell, for services as the Accounting Manager and Chief Deputy City Clerk, respectively, and authorize the Mayor to execute each agreement, respectively. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to ratify the employment agreements with Rose Tam and Kristine Russell, for services as the Accounting Manager and Chief Deputy City Clerk, respectively, and authorize the Mayor to execute each agreement, respectively. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 6. APPROVE AND ADOPT RESOLUTION NO. 2015-085, SETTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2015-2016 Staff recommends that Council approve and adopt Resolution No. 2015-085, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Setting the Annual Appropriation Limit for the Fiscal Year 2015-2016." Page 6 of 12 A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve and adopt Resolution No. 2015-085, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Setting the Annual Appropriation Limit for the Fiscal Year 2015-2016." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 7, APPROVE AMENDMENTS TO GENERAL ON-CALL PROFESSIONAL SERVICES AGREEMENTS Staff recommends that Council approve and authorize the amendments to three General On -Call Professional Services Agreements. Councilmember Pacheco brought this item for discussion, noting that certain revisions should be made to the agreements. Councilmember Pacheco requested that the compensation terms on page 2 be revised as follows: Revise Item 7. A. to reflect a not -to -exceed amount of $120,000 (up from $50,000) and remove in its entirety Item 7. B. Councilmember Pacheco also requested that Section A. Additional Scope of Work, Item 1., of the document for Infrastructure Engineers be revised to read as follows: "Building Inspection, Plan Check Services and Contract Administration including value engineering, constructability and quality control.." Mayor Pro Tem Baca expressed concern regarding the modification of the not -to - exceed amount and how it would affect the budget, and suggested that work be put out to bid more frequently to insure the best price and value. Councilmember Rubio expressed concern regarding the modification of the financial threshold to the agreements being done on the dais and also asked that the item be brought back in order to give time for Council to review the contracts and determine the fiscal impact. Councilmember Garcia concurred in that she would also like this item brought back at a later date. Following discussion, Council continued this item to a future meeting to provide time for staff to respond to questions and for councilmembers to consider further. 8. INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REQUIRING SPECIFIC FINDINGS BY THE CITY COUNCIL AND VOTER APPROVAL BY A SUPER MAJORITY BEFORE CONTRACTING OUT GENERAL POLICE SERVICES Staff recommends that Council introduce for a first reading, by title only and waiving further reading, of Ordinance No. 1376, entitled "An Ordinance of the City Council of the City of Baldwin Park Requiring Specific Findings by the City Council and Voter Approval by a Super Majority Before Contracting Out General Police Services." Councilmember Pacheco noted that he has directed staff to prepare the necessary documents to submit as a Ballot Measure at the next General Municipal Election which will occur in June 2016. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to introduce for a first reading, by title only and waiving further reading, of Ordinance No. 1376, entitled "An Ordinance of the City Council of the City of Page 7 of 12 Baldwin Park Requiring Specific Findings by the City Council and Voter Approval by a Super Majority Before Contracting Out General Police Services." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 9. APPROVE AN AGREEMENT WITH THE CALIFORNIA STATE BOARD OF EQUALIZATION (BOE) FOR ADMINISTRATION AND COLLECTION OF PREPAID MOBILE TELEPHONY SERVICE SURCHARGES; AND APPROVE AND ADOPT RESOLUTIONS WHICH WILL AUTHORIZE THE EXECUTION OF THE AGREEMENT BY THE CHIEF EXECUTIVE OFFICER Staff recommends that Council approve and adopt Resolution No. 2015-088, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Execution of an Agreement with the State Board of Equalization for Implementation of the Local Prepaid Mobile Telephony Services Collection Act," and Resolution No. 2015- 089, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Examination of Prepaid Mobile Telephony Services Surcharge and Local Charge Records by Agents and/or Representatives of The California State Board of Equalization." A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve and adopt Resolution No. 2015-088, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Execution of an Agreement with the State Board of Equalization for Implementation of the Local Prepaid Mobile Telephony Services Collection Act," and Resolution No. 2015- 089, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Examination of Prepaid Mobile Telephony Services Surcharge and Local Charge Records by Agents and/or Representatives of The California State Board of Equalization." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 10. APPROVE AND AUTHORIZE THE PURCHASE OF A POLICE PATROL VEHICLE Staff recommends that Council approve and authorize: The waiving of the formal bidding process, pursuant to §34.37 of the Baldwin Park Municipal Code, on one vehicle, as existing cooperative purchasing agreements already exist with other government agencies; and 2. The waiving of the formal bidding process for the purchase and installation of the emergency equipment pursuant to §34.23(c); and 3. The Police Department to purchase the new vehicle and equipment through existing contracts, joining in the cooperative purchasing contracts, or through procedures outlined above; and 4. Finance Department staff to take the necessary action to make the required budget transfers and amendments in the amount of $31,295.67, from Federal Asset Page 8 of 12 Forfeiture (205) funds for the restricted purchase of a new Police vehicle and equipment to enhance the Police Department's Patrol Operations, and return from the General Fund (100) the $10,000 insurance claim monies to the Federal Asset Forfeiture (205) account in accordance with Federal Equitable Sharing regulations; and 5. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchases. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve and authorize: 1. The waiving of the formal bidding process, pursuant to §34.37 of the Baldwin Park Municipal Code, on one vehicle, as existing cooperative purchasing agreements already exist with other government agencies; and 2. The waiving of the formal bidding process for the purchase and installation of the emergency equipment pursuant to §34.23(c); and 3. The Police Department to purchase the new vehicle and equipment through existing contracts, joining in the cooperative purchasing contracts, or through procedures outlined above; and 4. Finance Department staff to take the necessary action to make the required budget transfers and amendments in the amount of $31,295.67, from Federal Asset Forfeiture (205) funds for the restricted purchase of a new Police vehicle and equipment to enhance the Police Department's Patrol Operations, and return from the General Fund (100) the $10,000 insurance claim monies to the Federal Asset Forfeiture (205) account in accordance with Federal Equitable Sharing regulations; and 5. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchases. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 11. APPROVE AMENDMENTS TO THE CITY PLANNER AND HOUSING MANAGER AGREEMENTS AND SALARY STEPS Staff recommends that Council approve the following: 1. Approve amending the City Planner and Housing Manager contracts to reflect of benefits relationship with the Executive Management benefit matrix, reference to other Human Resources amendments to the salary schedule, and a series of minor language discrepancies; and 2. Approve Step 5 of the salary step for each the City Planner and Housing Manager positions, respectively. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve amending the City Planner and Housing Manager contracts to reflect of benefits relationship with the Executive Management benefit matrix, reference to other Human Resources amendments to the salary schedule, and a series of minor Page 9 of 12 language discrepancies; and approve Step 5 of the salary step for each the City Planner and Housing Manager positions, respectively. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 12. INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CHAPTER 100 OF THE BALDWIN PARK MUNICIPAL CODE FOR OFFICIAL POLICE TOW TRUCK SERVICES Staff recommends that Council introduce for a first reading, by title only and waiving further reading, of Ordinance No. 1377, entitled "An Ordinance of the City Council of the City of Baldwin Park Amending Chapter 100 Baldwin Park Municipal Code for Police Towing Services." This item was pulled from the agenda and was not heard. PUBLIC HEARING 13. CONDUCT A PUBLIC HEARING AND, FOLLOWING THE PUBLIC HEARING, APPROVE THE GRANT FUNDS PROVIDED BY THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT Staff recommends that Council conduct a public hearing and, following the public hearing, approve and accept the grant funds provided to the Baldwin Park Police Department, in the amount of $17,813, in accordance with federal guidelines. Police Chief Michael Taylor provided a brief narrative of the item. There were no questions from Council. Mayor Lozano opened the Public Hearing at 8:45 p.m. and invited those individuals wishing to speak against the item to come forward and be heard. Seeing no one, Mayor Lozano invited those individuals wishing to speak in support of the item to come forward and be heard. Seeing no one wishing to speak on this item, Mayor Lozano closed the Public Hearing at 8:45 p.m. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve and accept the grant funds provided to the Baldwin Park Police Department, in the amount of $17,813, in accordance with federal guidelines. AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 14. CONDUCT A PUBLIC HEARING AND CONSIDER A PROPOSED AMENDMENT TO THE CITY'S MUNICIPAL CODE ADDING LANGUAGE RELATING TO COTTAGE FOOD OPERATIONS IN ACCORDANCE WITH STATE LAW Staff and the Planning Commission recommend that Council open the public hearing and, following the public hearing, introduce for a first reading, by title only and waive further reading, Ordinance No. 1374, entitled "An Ordinance of the City Council of the City of Baldwin Park, California, Amending Baldwin Park Municipal Code Chapter Page 10 of 12 153.220 and 153.120 to Establish Regulations for Cottage Food Operations." City Planner Amy Harbin provided a brief narrative of the item. There were no questions from Council. Mayor Lozano opened the Public Hearing at 8:47 p.m. and invited those individuals wishing to speak in support of the item to come forward and be heard. Allison Zamite, Baldwin Park resident, expressed appreciation and support for the Ordinance as she has a small confection business and approval of this item will allow her to operate her business in a more cost effective manner. Mayor Lozano opened the Public Hearing at 8:47 p.m. and invited those individuals wishing to speak in opposition to the item to come forward and be heard Thomas Kerri, San Bernardino resident, expressed concern regarding approving this kind of ordinance because it may result in a large number of illegal street vending businesses and opined that there may be health concerns to consider; concerned about how regulations would be enforced. In rebuttal, Ms. Zamite responded to Mr. Kerri's objection. Ms. Zamite pointed out that the County of Los Angeles already has a host of rules and regulations that must be followed in order to operate this type of business; noted that there are a number of permits and training that are required to insure that food production is done in a safe manner. Seeing no others wishing to speak on this item, Mayor Lozano closed the Public Hearing at 8:56 p.m. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to introduce for a first reading, by title only and waive further reading, Ordinance No. 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." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. 15. CONDUCT A PUBLIC HEARING AND, FOLLOWING THE PUBLIC HEARING, ADOPT A RESOLUTION TO ACCEPT AND ADOPT THE CONGESTION MANAGEMENT PROGRAM (CPM) LOCAL DEVELOPMENT REPORT Staff recommends that Council open the public hearing and, after receiving public comments, close the public hearing and adopt Resolution No. 2015-082, "A Resolution of the City of Baldwin Park Finding the City to be in Conformance with the Congestion Management Program (CMP) and Adopting the CMP Local development Report in Accordance with California Government Code Section 65089." City Planner Amy Harbin provided a brief narrative of the item. There were no questions from Council. Mayor Lozano opened the Public Hearing at 9:00 p.m. and invited those individuals wishing to speak against the item to come forward and be heard. Seeing no one, Mayor Lozano invited those individuals wishing to speak for the item to come forward and be heard. Page 11 of 12 Seeing no one wishing to speak on this item, Mayor Lozano closed the Public Hearing at 9:00 p.m. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to adopt Resolution No. 2015-082, "A Resolution of the City of Baldwin Park Finding the City to be in Conformance with the Congestion Management Program (CMP) and Adopting the CMP Local development Report in Accordance with California Government Code Section 65089." AYES: Lozano, Baca, Garcia, Rubio, Pacheco NOES: None. ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS 16. REVIEW OF CURRENT APPLICATIONS AND CONSIDERATION OF APPOINTMENT, REAPPOINTMENT, OR REMOVAL OF MEMBERS OF RECREATION AND COMMUNITY SERVICES COMMISSION Staff recommends that Council review the submitted Commission application(s), accept nomination(s), authorize staff to initiate the appropriate background checks through the Department of Justice (DOJ) and, contingent upon satisfactory clearance by the DOJ, appoint the selected' individual(s) to the Parks and Community Services Commission and adopt Resolution No. 2015-087, entitled, "A Resolution of the City Council of the City of Baldwin Park Appointing an Individual to the Recreation and Community Services Commission of the City of Baldwin Park, to Office Number 2" Council chose to move this item to the Regular Meeting of the City Council which will be held on September 16, 2015. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Councilmember Ricardo Pacheco for discussion and direction to staff on the following: Councilmember Pacheco is requesting that direction be provided to staff to bring back a report to allow the ordinance to "Require Baldwin Park Voter Approval for Contracting Out of Any City Police Services" be placed on a future general election ballot. Councilmember Pacheco continued this item to a future meeting. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Baca, to adjourn the meeting at 9:00 p.m. Mayor ATTEST:. Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Page 12 of 12 MINUTES BALDWIN PARK FINANCE AUTHORITY AUGUST 19, 2015, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 9:00 p.m. ROLL CALL City 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 9:00 p.m. and seeing no one wishing to speak, Public Communications closed at 9:00 p.m. 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 9:00 p.m. Mayor ATTEST: City Clerk APPROVED: MINUTES BALDWIN PARK HOUSING AUTHORITY AUGUST 19, 2015, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 9:00 p.m. ROLL CALL Cit .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 9:00 p.m. and seeing no one wishing to speak, Public Communications closed at 9:00 p.m. 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 9:00 p.m. Mayor ATTEST: City Clerk APPROVED: STAFF REPORT Hu6,,or- � u VAS LAY ITEM NO TO: Honorable 42115 and City Councilmembers FROM: Michael Wayi°�9° of Police DATE: September 1A"Y SUBJECT: AMENDMENT TO THE JAIL OPERATIONS AGREEMENT WITH THE GEO GROUP INC. SUMMARY This report request approval of an amendment to the existing agreement with the Geo Group, Inc., for jail operation services for the City of Baldwin Park. This amendment proposal is to raise the minimum pay rate of jailers from $9.41 to $11.00 per hour. FISCAL IMPACT There would be no negative impact to the General Fund, as the increase of $27,165.56 was approved in the FY 2015/2016 budget. RECOMMENDATION Staff recommends City Council approval to: 1. Approve the third Amendment to the Jail Operations Agreement with the Geo Group, Inc, and 2. Authorize the Mayor to sign the appropriate documentation to complete the amendment to the agreement. BACKGROUND The City of Baldwin Park has had a long-standing agreement with the Geo Group, Inc. (Originally Correctional Systems Inc.) to provide operations, management, and supervision of the Baldwin Park City Jail. The current agreement has been in effect since 1996, and has automatically been renewed every three years, as set forth in the original agreement. The Geo Group's service to the City includes; operating, maintaining, and managing the jail facility, in compliance with applicable minimum standards of both the American Custody Association, and the State of California Board of Corrections. Staff has reviewed the level of service provided to the City. The Police Department has been satisfied with the level of service for the jail operation by the Geo Group employees and management. GEO Group employees have not had a pay increase since prior to 2003. The requested amendment is for a budget increase (Shown in attachment 1) specifically to increase the hourly wage of Jail Officers from the current rate of $9.41 an hour, to $11.00 an hour. This would also result in an estimated 13% increase in Geo Group's insurance. With this amendment, the total operating cost would increase from $362,743.44 (FY14/15) to $389,900.00. This increase will be in compliance with California State Law, effective January 1, 2016, which will raise the minimum wage to $10.00 per hour. Jail February 4, 2015 Page 2 If approved, this amendment with the Geo Group becomes effective September 16, 2015, and will be an increase of $27,165.56, every following fiscal year. LEGAL REVIEW The City Attorney reviewed this report as to form and content. ALTERNATIVES City Council could reject the proposed amendment and attempt to negotiate for terms to comply with the mandatory minimum wage of $10.00 an hour. ATTACHMENTS -Geo Attachment # 1- 2015 Operations and Management Agreement. THIRD AMENDMENT TO JAIL OPERATION AGREEMENT This THIRD AMENDMENT to Jail Operation Agreement ("AGREEMENT") is made and entered into this _16_ day of September, 2015, by and between the CITY OF BALDWIN PARK, a California municipal corporation ("CITY") and GEO Corrections and Detention, LLC., a Florida limited liability company ("GEO C&D") and wholly-owned subsidiary of The GEO Group, Inc. ("GEO"). RECITALS WHEREAS, CITY and GEO C&D entered into an Intercompany Service Agreement on May 21, 2008 to assign operations and management of existing jail and detention facilities per the Operations and Management Agreement between CITY and Correctional Systems, Inc. dated July as last amended in November 2008; and WHEREAS, CITY and GEO C&D desire to further amend the AGREEMENT to increase the hourly wage of newly hired jail officers. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CITY and GEO C&D agree as follows: 1. The Budget in Exhibit A of the AGREEMENT will be amended to increase the hourly wage of jail officers to a minimum of $11.00/hour, increasing the total operations cost to $389,900.00 (see Attachment 1). 2. The effective date of this AMENDMENT is September 16, 2015. The parties agree that, except as specifically provided in this AMENDMENT, the terms of the AGREEMENT shall remain unchanged and in full force and effect. ATTEST: BY _.... Title: Date: Approved as to Form: By. City Attorney Robert N. Tafoya Date: CITY OF BALDWIN PARK By: Title: Mayor Manu.e.1 Lozano__......... Date: September 16 2015, GEO CORRECTIONS AND DETENTION, LLC. By: Date: Executive Vice President AMEENT 1'0JAIL OPERATION AGRE'M EEN"T' . ..... . ..... v qIS4 This Amendmentto Mail Operation Agro erflellt is made and entered into this 3 r--�ay of _2008, by and between the Cil'YOF BALN PARK, a California municipal corporation ("City") and CORRECTIONAL SYSTEMS, INC., a California corporation ("CSI"). WHEREAS, on or about NNOX_cA, ARS, City and CSI entered into an agreement whereby CSI operates City's jail facility ("Agreement"); WHEREAS, City desires to allow part of its jail facility to be used fora or Furlough and Self -Pay Program; WHEREAS, CSI has the ability to operate City's jail facility fora Work Furlough and Self -Pay Program; and WHEREAS, City and CSI desire to amend the Agreement provide the operation of a portion of City's jail facility fora Work Furlough and Selt-Pay Program, NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and CSI agree as follow: 1, The Scope of Services in the Agreement shall be amended to include the following: a. Work Furlough Program b. Self -Pay Program 2. The compensation to be paid to CSI for the services satisfactorily rendered pursuant to this Amendment shall be a fee of Fifty Dollars ($50.00) per day for each inmate using the Work Furlough and Self -Pay Program. Such payment shall only be made from payments actually received by City from each inmate using the Work Furlough and Self -Pay Program, 4. The effective date of this Amendment shall be the date it is signed on behalf of C ity. E' ITA Baldwin Park Detention Facility Operatious and Management Contract Ki i n 1 i to 1 i! K ro �., 77 is i I r r I da i + r ail' 1.'.� i�tl � i i � I'�G P„i � � 4 i :r'� E �1 i � YFI ';.r i� � I t��� . ,%,�.�. . v r ..: ,•..s -°', i .r i•..rv� �� � � i . "fid I i '; x� :. = . ;004 &tAfl-ixa - 6.9 "T $230,162 Jail Mmincr, Correctional Officers, Training, Background Checks, Psych Exams, Uniforms, Overtime and Benefits gnmiing $ 39,242 A°ut) & Liability Insurance, Communication Food, Postage !Csty t,o Providt City to Provi&- Utilities, Equipment Maintenance "Vail and Office Supplies Total Direct Costs $269,404 J%U aagement Pee $ 45,799 Total Saul Operations Cost $315,203 N tes Direct expenses will be on an actual cost basis. Costs ue dependent upon the number of contract beds. Any cost savings will be passed on to the Cit) CSI to provide inmate escort in City iwured and ir t d vehicle. 9Z/Z0 39Vd QddH 9VSS8EE9Z9 9ti:0Z 600Z/8Z/0Z Attachment I to CITY HOLDING FACILITY OPERATIONS AND MANAGEMENT AGREEMENT (GEO Corrections & Detention and The City of Baldwin Park, CA) BUDGET Staffing (6.9 FTE) 266,509.86 Jail Administrator Jail Officers Operations Manager Salaries, Overtime, Benefits, Taxes, Training, Recruitment, New Hire Costs Insurance Costs S 21,945.00 Workees Compensation, General Liability Operating Costs $ 44,793.00 Direct Costs $ 333,247.86 Management Fee $ 56,652.14 IM', =ormorm r7.0 ='Ormirgirl, -3 w sea fA wA 6a^A ePA 4A En ed 00 w w fA k. w 00 'A w MM V4 f.6 Em Pa Nb Edi 4A bask �f zp- fA oo 00 1. 10 5 0 tv M y tv w v w- 0 R - (D 0 w CDn n r w 0 tv w tv w v w- w 00 to t� 91 w uj EA 6e ua o is tv cps tos 601 (ON LA ON uj cn -• 00 U3 W iv LA 6q 4�6 V5 tA na ON 00w w w y 0 EXHIBIT A Baldwin Park Detention Facility Operations and Management Contract get, op • .s FY 2004 tat'firg6.9 I+ l':1 $230,162 Jail Manager, Correctional Officers, Training, Background Checks, Psych Exams, Uniforms, Overtime and Benefits 0 T—er-1—it—ing $ 39,242 Auto & Liability Insurance, Communication Food, Postage 9t to I°o� City to Provide Utilities, Equipment Maintenance Van and Office Supplies Total Direct Costs $269,404 Management Fee $ 45,799 Total Jail Operations Cost $315,203 Notes • Direct expenses will be on an actual cost basis. Costs are dependent upon the number of contract beds. Any cost savings will be passed on to the City. o CSI to provide inmate escort in City insured and maintained vehicle. CITY DETENTION FACILITY OPERATIONS AND MANAGEMENT AGREEMENT (Correctional Systems, Inc., and the City of Baldwin Park) THIS AGREEMENT is dated as of July 1, 2003, by and between the City of Baldwin Park, California, a municipal corporation ("City") and Correctional Systems, Inc., a Delaware corporation ("Operator"). RECITALS WHEREAS, City owns existing jail and detention facilities which will care for prisoners; and WHEREAS, City and Operator desire to enter into an agreement whereby Operator will provide the operation, management and supervision of a detention facility located in City's existing jail and detention facilities in accordance with the laws, rules, regulations and procedures of the state of California; and WHEREAS, City and Operator are authorized to enter into this Agreement under applicable law. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1.. Definitions A. "ACA" shall mean the American Correctional Association or its designated successor whose headquarters are presently at 4380 Forbes Boulevard, Lanham, Maryland, 2070&. B. "ACA Standards" shall mean the Standards For Adult Local Detention Facilities (Third Edition, March, 1991, as heretofore supplemented and as same may be modified, amended, supplemented, or supplanted in the future) published by ACA. C. "Assigning Agency" shall mean any federal, state or local agency which may lawfully assign an Inmate to the Detention Facility and which has executed an Intergovernmental Service Agreement. D. "Board" shall mean the State of California Board of Corrections. Page 1 of 25 F. "Chief of Police" shall mean the Chief of Police of City. G. "City's Facility Representative" shall mean the person who is the official liaison between City and Operator on all matters pertaining to the operation and management of the Detention Facility as provided in Section 17.13, City's Facility Representative. H. "Custody Criteria" shall mean those criteria used to determine an Inmate's Custody Level and shall normally include, to the extent known to the Operator, the Inmate's offense history, present offense, escape history, history of violence, drug use or addiction, alcohol use or addiction, psychological status, and present behavior. I. "Custody Level" shall normally mean a custody designation of either Minimum Custody or Medium Custody which describes appropriate and adequate supervision and housing assignments commensurate with the on-going needs and requirements of the Inmate during his incarceration and is based on the Custody Criteria. J. "Day" shall mean a twenty-four (24) hour time period beginning with twelve o'clock midnight and ending twenty-four (24) hours later. K. `Detention Facility" shall mean the facility located in the Police Department Building, which shall house Inmates in accordance with the applicable Minimum Standards. L. "Department" shall mean the State of California Department of Corrections. M. "Disbursements" shall mean cash payments for Operating Expenses made from the Fund as provided in Section 12.E, Disbursements, of this Agreement. N. "Distributions" shall mean cash payments made to the parties from excess Fund cash as provided in Section 12.F, Distributions, of this Agreement. 0. "Facility Revenue" shall mean all income or other receipts as described in Section 10, Facility Revenue, which are to be deposited in the Detention Facility Fund as provided in Section 12, Detention Facility Find. P. "Fiscal Year" shall mean City's fiscal year commencing on July 1, and ending as of June 30, of each year. Q. "For Cause" shall mean a material failure by either party to meet the provisions of this Agreement or the failure of the Operator to meet the applicable Minimum Standards when such failure to meet the applicable Minimum standards affects the operation of the Detention Facility. Page 2 of 25 R. "Force Majeure shall mean the failure of performance of any of the terms and conditions of this Agreement resulting from acts of God. S. "Fund" shall mean the Detention Facility Fund, a special fund established and managed by City for the purpose of receiving and holding all Facility Revenue as provided in Section 12, Detention Facility Fund, T. "Inmate" shall mean any male or female arrestee who is to be lawfully held at the Detention Facility by City or pursuant to an Intergovernmental Service Agreement. U. "Intergovernmental Service Agreement" shall mean an agreement between City and any Assigning Agency whereby City and the Assigning Agency agree to the terms and conditions whereby the Assigning Agency's Inmates shall be booked and held in custody at the Detention Facility. V. "Medium Custody" shall mean that Custody Level appropriate to an Inmate who is classified as eligible to be assigned to the Detention Facility but who is not eligible to be assigned to the least secure housing in the Detention Facility and is not eligible for work outside of the Detention Facility's area. W. "Minimum Custody" shall mean that Custody Level appropriate to an Inmate who is classified as eligible to be assigned to the Detention Facility and is eligible to be assigned to the least secure housing in the Detention Facility and is eligible for work outside of the Detention Facility's area. X. "Minimum Standards" shall mean the applicable Federal, State and City requirements, laws and statutes, applicable court orders, Board standards, and ACA standards, whether now in effect or hereafter effected or implemented, as applicable to the Detention Facility, except as waived by City or State. Where a conflict exists between Federal and State requirements, laws, and statutes, applicable court orders, Board and ACA Standards, the more stringent shall apply. Y. "Non -High -Risk Inmate" shall mean an Inmate who is classified as Minimum Custody or Medium Custody Z. "Operating Expense" shall mean any expense which is properly chargeable against the Detention Facility Fund as provided in Section 11, Operating Expenses, of this Agreement, AA. "Perishables" shall mean those items that are easily destroyed or spoiled. Page 3 of 25 AB. "Police Department Building" shall mean the Baldwin Park Police Department building located at 14403 E. Pacific Avenue, Baldwin Park, California, which also houses the Detention Facility. AC. "Service Commencement Date" shall mean the date upon which the Operator commences the provision of operational and management services for the Detention Facility. 2. Purpose A. Purpose: The purpose of this Agreement is to establish the terms and conditions under which Operator will operate and maintain the Detention Facility. B. Nature of Operations: Operator shall operate, manage, supervise, and maintain the Detention Facility for City in order to properly receive, detain, and care for all Inmates who may be booked in the Detention Facility. Grant of Operating Rights City hereby grants to Operator the sole and exclusive right to operate the Detention Facility for the term hereof, and Operator agrees to provide all labor necessary to operate the Detention Facility for the term hereof and pursuant to the terms and conditions herein specified. 4. Term of the Agreement A. Initial Term: This Agreement is effective on the date set forth in the initial paragraph of this Agreement. The initial term of this Agreement for the operation and management of the Jail shall be for the period commencing on the Service Commencement Date and terminating on a date three (3) years thereafter, unless earlier terminated pursuant to the provisions of Section 14, Default and Termination. B. Renewal Options: The term of this contract shall be for consecutive three (3) year terms of operation. Within ninety (90) days of the end of the second year of each three (3) year term, either party shall have the option of stating their intention to continue or cease operations following the completion of that three (3) year term. If neither party states their intention to continue or cease operations during this ninety (90) day time period, then the contract shall automatically renew for an additional three (3) year term following the completion of the current three (3) year term. C. Cancellation.: City may cancel this Agreement at any time as provided in Section 14, Default and Termination. Page 4 of 25 5. Right of Entry A. City's Right of Entry: Operator hereby agrees that representatives of City, as designated by the Chief of Police, shall, at all times, have the right to enter all areas and facilities pertaining to the Detention Facility and inspect them to determine if they comply with each and every term and condition of this Agreement and with the applicable Minimum Standards. Where practical, this right of entry shall be exercised with advance notice to Operator to avoid adverse impacts to security. B. Locks and Keys: For each of the aforesaid purposes, Operator shall at all times receive from City and have the right to retain and use keys to all gate and fence locks upon and about the Detention Facility. City shall have the right to use such keys and any and all other means which City may reasonably deem proper to open any lock upon or about the Detention Facility in order to obtain entry in an emergency. C. Liability of City: City shall have no liability to Operator for any exercise of City's rights under this Section 5, Right of Entry, except for (a) City's failure to exercise due care for• Operator's property; (b) City's damage to facilities which Operator is otherwise required to maintain or repair under this Agreement; or (c) City's failure to exercise due care for the security, care, and custody of Inmates under Operator's supervision. Except as provided in this Section 5.C, Operator hereby waives any claims for damages for any injury or inconvenience to Operator or interference with Operator's business, or any loss occasioned thereby. 6. Operation of the Detention Facility A. General Ditties and Obligations; Standards: Operator shall provide the operation and management services necessary to operate, maintain, and manage the Detention Facility in compliance with the applicable Minimum Standards, B. Field Policies and Operations Manual: Operator has developed, and City has approved, a written comprehensive Field Policies and Operations Manual covering all aspects of operations including the procedures that are utilized to facilitate management of the facility. The Manual is adequate to permit assumption of operations by City in the event of Operator's inability to perform its duties hereunder or of the termination of this Agreement for any reason. Upon written receipt of any changes required by City, Operator shall submit a revised manual with all corrections to the Chief of Police, in writing, within five (5) calendar days. Once the revised manual has received approval, any and all subsequent proposed additions, deletions, or modifications to such manual must be approved in writing by the Chief of Police prior to implementation. C. Specified Ditties and Obligations: Operator's duties and obligations shall be set forth in detail in the Field Policies and Operations Manual. In general, these shall include, but are not limited to, the performance of the services set forth below in accordance with the applicable Page 5 of 25 Minimum standards. The cost of providing these services shall be an Operating Expense unless otherwise provided herein. (1) Intake and Release Processing: Operator shall provide intake and release processing which shall include review of Inmate's documents, Inmate search as permitted by law, inventory and storage of Inmate's personal property and funds, entry of Inmate data into Operator's data processing system, acceptance of Inmate custody, generation of intake and release documents and records, photographing and fingerprinting of Inmate, initiation of Inmate health and well-being screening, classification and housing assignment of Inmate, review of court release documents, return of Inmate personal property and funds, completion of internal release documentation and ascertainment of Innate identification confirmation prior to release, transportation as described in Section 6C(6), Transportation, and any and all such other duties as may be required by applicable statute or rule. (2) Staffing: Operator shall staff and operate the Detention Facility in compliance with the applicable Minimum Standards. (3) Food Service: Operator shall provide food service for all Inmates in compliance with the applicable Minimum Standards. (4) Healtli Services: Operator shall provide routine health services at the Detention Facility for all inmates in compliance with the applicable Minimum Standards. Operator may refuse to accept custody of any Inmate who Operator determines, in good faith, to be in need of medical attention which Operator cannot provide at the Detention Facility. (5) Lacnldry and Inmate clothing: Operator shall provide Inmate laundry services and Inmate clothing in compliance with the applicable Minimum Standards. Operator shall maintain said clothing in a clean and sanitary condition. (6) Transportation: Operator shall provide transportation services for Inmates in the Detention Facility to arraignments and to Los Angeles County jail facility(ies). Operator shall arrange to transport released Inmates to a location providing adequate public transportation as directed by City. Operator shall not be required to provide transportation services for the purpose of Innate transfer to state facilities, in-state prisoner retrieval, or extradition. (7) Telecommunications: City shall provide all telecommunications and data equipment adequate for the operation of the Detention Facility. Such telecommunications and data equipment shall meet City's Police Department's requirements for booking Inmates into the Los Angeles County jails(s) as they may exist from time to time. (8) Legal: Operator shall provide the Detention Facility Inmates with access to their legal counsel in accordance with the applicable Minimum Standards, Page 6 of 25 (9) Visitation: Operator shall provide all supervision necessary to implement a visitation program that meets the applicable Minimum Standards with respect to Innate visitation. (10) Essentials: Operator shall provide all facility supplies, not provided by City, including hygiene items, clothing, office supplies, support items, and Innate quarters, including, but not limited to, mattresses, pillows, sheets, pillowcases, and blankets, necessary to meet the applicable Minimum Standards. (11) Safety: Operator shall operate and maintain the Detention Facility in compliance with the applicable Minimum Standards relative to safety. (12) Securiiy: Operator shall be responsible for providing security for all Inmates in accordance with the applicable Minimum Standards while they are inside the Detention Facility and when they are being transported by Operator. While any Inmate is in the custody of an Assigning Agency, the Sheriff, other custodial entity, or a bailiff, Operator shall not be responsible for providing security for such Inmate, and such security shall be the responsibility of such custodial entity or officer. (13) Disciplinary Rules and Regulations: Operator shall impose discipline through rules, regulations, and orders pursuant to a disciplinary system meeting or exceeding the applicable Minimum Standards. (14) Records: Operator shall generate and maintain all Innate records in accordance with established procedures of the applicable Judicial Council and the applicable Minimum Standards. Operator shall make available for examination all data and records with respect to matters covered by this Agreement and shall permit City to audit, examine and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, personnel records and other data relating to all matters covered by the Agreement. Operator shall maintain such data and records in an accessible location for a period three (3) years after final payment under this Agreement, except where the City specifies that certain documents be preserved as necessary with respect to pending or existing litigation. (15) Vehicles Maintenance and Insurance: City shall be responsible for procuring, insuring, and maintaining all vehicles. Operator shall be responsible for operation of said vehicles(s). (16) Uniforins: Operator shall establish a policy prescribing a standard uniform for its corrections officers including shirts, pants, belts, jackets, and associated uniform articles of clothing that are normally and routinely issued to corrections officers. Operator shall provide such uniform items to the corrections officers either directly or through a uniform allowance. City shall give its approval before final uniform type/color is approved. Page 7 of 25 7. Utilities and Maintenance A. Specified Duties and Obligations: The parties' respective duties and obligations with respect to utilities and maintenance are as set forth below. The cost of providing these services shall be an Operating Expense unless otherwise provided herein. (1) Utilities: City shall be responsible for the provision of all utilities except as provided in Section 7.A.(2) (2) Telephone Services: City shall be responsible for the provision of and payment for all pay telephone services at the Detention Facility. City shall be responsible for the provision of and payment for in-house telephone services. Calls made by Operator and its employees which are personal or corporate in nature shall be placed through pay telephones or billed to personal or corporate credit cards and do not constitute Operating Expenses. (3) Maintenance: Operator shall maintain the physical structure of the Detention Facility and all tangible personal property contained therein, in accordance with the applicable Minimum Standards, including ordinary routine maintenance, and will in so doing, maintain, preserve and keep the Detention Facility in good repair, working order and condition, subject to normal wear and tear, and will, from time to time, make or cause to be made, all necessary and proper repairs, replacements and renewals, which shall thereupon become part of the Detention Facility. Any such repairs shall be approved by the City's Police Chief. City shall, subject to the provisions of Section 7.A.(4), Damage to Detention Facility, have responsibility for all maintenance, repairs, replacements and renewals related to Police Department Building systems located outside the Detention Facility (such as electrical supply, hot water heaters, sewers, etc.), and structural conditions or defects of the Police Department Building which affect the Detention Facility. (4) Damage to Detention Facility: Promptly after the occurrence of any damage to or loss of the Police Department Building or the Detention Facility that materially affects the continued operation of the Police Department Building or the Detention Facility, the parties shall notify each other of such loss or damage and shall jointly assess the nature and extent of such damage or loss. As soon as practicable and desirable thereafter, the parties shall determine to rebuild, repair or restore such damage or loss or to terminate this Agreement as provided Section 14.13, Termination for Damage. In the event Operator and City shall determine to repair, rebuild or restore the Police Department Building or the Detention Facility, Operator and City shall mutually determine the allocation for payment of the costs of undertaking such repair, rebuilding or restoration. If City and Operator determine not to rebuild, repair or restore the Police Department Building or the Detention Facility, then this Agreement shall terminate with respect to the Detention Facility thirty (30) days after such determination. Neither party is under any obligation to rebuild, repair or restore the Detention Facility even though the City determines to rebuild, repair or restore the Police Department Building. Page 8 of 25 8. Employees A. Background Investigation, Orientation. and Training: The Operator's duties and obligations with respect to background investigations, orientation and training are set forth below. The cost of providing these services shall be an Operating Expense unless otherwise provided herein. (I) Background Investigation: A background investigation and psychological evaluation shall be made by Operator of the jail Commander, Sr. Correctional Officers and Correctional Officers prior to being hired by Operator for assignment to the Detention Facility, the results of which investigation shall be made available to the City, prior to the offer of employment. Operator shall maintain, on file, two completed fingerprint charts on each employee. Operator shall also provide background investigation reports and psychological evaluations on any Detention Facility employee when requested by City. (2) Orientation. and Training: Operator shall provide an orientation program for all employees, as well as initial and recurring training in compliance with the applicable Minimum Standards. All training shall be conducted as close to the Detention Facility as possible. If City has approved such training in writing, the cost of training shall be regarded as an Operating Expense, if the City has not approved such training in writing, the cost of the training shall be at the sole cost and expense of Operator. The costs of training shall, as necessary and approved by City, include transportation, housing, and meals in addition to the direct training costs. 9. City's Responsibilities A. Cooperation: City shall cooperate with the Operator in all matters of law enforcement, security and communication. B. Training: City shall assist Operator in the training of Operator's employees to operate the Detention Facility, C. Information: City's Police Department shall assist and cooperate with Operator in providing information requested and needed by Operator in the screening of candidates for employment to the extent legally permitted. No liability shall attach to City for such assistance, however, and Operator agrees to fully indemnify and hold harmless City for providing such assistance. D. City Policies and Applicable Court Orders: City shall provide Operator with copies of all City policies applicable to City's booking and custodial procedures and with any applicable court orders. Page 9 of 25 E. Utilization: City and Operator agree that it shall be to their mutual benefit and interest that the Detention Facility be fully utilized by maintaining the maximum Inmate population. To this end, and throughout the term of this Agreement, City and Operator agree to use their best efforts to insure that such Inmate population is obtained from Assigning Agencies. 10. Facility Revenue Facility Revenue is revenue due to or received by City or Operator from any source whatsoever which results from Detention Facility operations, including, without limitation, payments received for Inmate housing, detention, transportation, canteen services, and telephone services. 11. Operating Expenses A. hicluded Expenses: Operating Expenses include all expenses reasonably incurred by Operator or City for the remodeling, operation and maintenance of the Detention Facility. Operating Expenses include, without Iimitation, required performance and fidelity bonds and insurance coverages: sales and personal property taxes; worker's compensation insurance, and direct salaries and benefits of Operator's staff at the Detention Facility only; equipment maintenance and repairs; supplies; printing and postage; food service; subcontracts authorized in Section 13.B, Subcontracts, and all other goods or services required to operate the Detention Facility. Operating expenses shall not exceed the budgeted amounts as set forth in Exhibit A which is attached hereto and incorporated by the reference, unless approved in advance by City. B. Excluded Expenses: Taxes based in whole or in pant upon Operator's income or corporate status, corporate overhead and corporate office services, markups above the actual cost of contractual supplies and services, or other expenses expressly identified herein as excluded from Operating Expenses are not Operating Expenses. 12, Detention Facility Fund A. Administration: The Fund shall be administered by City and signatories designated by City shall be the only authorized signatories for disbursement of funds from the Fund. All Facility Revenue shall be deposited into the Fund, and all Disbursements and Distributions shall be paid from the Fund. Neither City nor Operator shall be obligated to contribute any monies to the Fund except as provided in Section 14.E, Termination for Convenience, or as they may subsequently agree in an amendment to this Agreement. Page 10 of 25 B. Accounthig: On or before the sixth (6a') working day of each calendar month during the term of this Agreement, Operator shall calculate the amounts due the Fund from whatever source as Facility Revenue for the preceding month and prepare and deliver to City a detailed report outlining the Facility Revenue due for the preceding month. This report shall be in a form satisfactory to City and contain all detail necessary to permit City to timely bill the appropriate entities for all Facility Revenues which are due to the Fund. C. Billing and Collections: On or before the twenty-fifth (25th) calendar day of each month, City shall bill each appropriate entity for all Facility Revenues which are then due to the Fund. Upon receipt of Facility Revenue, City shall deposit the Detention Facility Revenue into the Fund. D. Invoicing: The parties shall calculate all Operating Expenses and prepare a detailed, auditable invoice, with substantiating documentation, for such expenses on a monthly basis. Invoices shall be submitted to City for payment from the Fund as provided in Section 12.E, Disbursements. Operating Expenses are payable solely from the Fund, and neither party is liable for the payment of Operating Expenses incurred by the other party which are for any reason not otherwise payable from the Fund. Copies of any invoices submitted by City for City's Operating Expenses shall be concurrently sent to Operator. E. Disburseinews: Provided that sufficient Facility Revenue exists in the Fund, City shall direct the authorized signatories of the Fund to pay Operator's or City's invoiced Operating Expenses within thirty (30) days after receipt of Operator's or City's Operating Expenses invoice. In the event that insufficient Facility Revenue exists in the Fund, Operating Expenses shall be paid on a first -incurred, first -paid basis as funds become available unless otherwise agreed by the parties in writing. City shall make necessary appropriations to the Fund for unexpected expenditures. F. Distribution: All Fund cash remaining in the Fund at the end of each calendar month after the payment of all invoiced Operating Expenses, if any, shall be distributed to City. G. Disposition. upon Termination: Upon termination of this Agreement as provided in Section 4, Term of the Agreement, Section 14.1), Termination for Unavailability of Funds, Section 14.E, Termination for Convenience, or Section 14.F, Termination for Damage, any cash balance remaining in the Fund after the payment of all Operating Expenses shall be distributed to City. Upon termination of this Agreement as provided in Section 14.B, Termination for Default, any cash balance remaining in the Fund after payment of all Operating Expenses shall be distributed to City H. Audit: Either party shall have the right to examine all books, documents, and records pertaining to the other party's submitted Operating Expenses during normal business hours after reasonable notice. If there are any deficiency in any amount due to the Fund under the terms of this Agreement, whether arising from funds not paid to the Fund or to funds paid from Page 11 of 25 the Fund for improperly charges Operating Expenses, the deficiency shall become immediately due and payable to the Fund together with interest thereon at the rate often percent (10%) per annum from the date of the occurrence of the deficiency to the date of the party's payment of the deficiency. If the amount of the deficiency for any calendar month exceeds five percent (5%) of the amounts actually paid to the Fund for that calendar month, the party owing the deficiency to the Fund shall pay the cost of the audit; otherwise, the party performing the audit shall pay the cost of the audit. I. Maintenance of Records; In order to enable the parties to verify the accuracy of any such statement or statements, and the sufficiency of any payments made in accordance therewith, the parties shall, during the term hereof, maintain any such statements and keep safe and intact all of the parties' records, books, accounts or other data which in any way bear upon or are required to establish in detail all Operating Expenses as shown by any such statement, and shall, upon request of either party, make the same available for inspection by the other party to the other party's auditors at any time during the term hereof and for a period of three (3) years thereafter. 13. Independent Contractor; Subcontracts A. Independent Contractor: Operator is associated with City only for the purposes and to the extent set forth in this Agreement, and in respect to the performance of the Operation and Management Services pursuant to this Agreement, Operator is and shall be an independent contractor and, subject to the terms of this Agreement, shall have the sole right to supervise, manage, operate, control, and direct the performance of the details incident to its duties under this Agreement, subject to the applicable Minimum Standards. Nothing contained in this Agreement shall be deemed or construed to create a partnership or joint venture, to create the relationships of an employer-employee or principal -agent or to otherwise create any liability whatsoever for either party with respect to the indebtedness, liabilities, and obligations of the other party. Operator shall be solely responsible for (and City shall have no obligation with respect to) payment of all Federal Income, FICA, and other taxes owed or claimed to be owed by Operator, arising out of Operator's association with City pursuant to this Agreement, and Operator shall indemnify and hold City harmless from and against, and shall defend City against, any and all losses, damages, claims, costs, penalties, liabilities, and expenses otherwise with respect to any such taxes. City reserves the right, for good cause, to require Operator to exclude any employee of Operator from performing services on City's premises. B. Subcontracts: Operator may subcontract for food services (preparation and delivery), provided that no subcontract requiring more than $5,000 in payments by Operator to any subcontractor in any twelve (12) month period may be entered into without the prior written approval of City's Facility Representative, which approval or disapproval shall be given within five (5) working days. No contractual relationship shall exist between City and any subcontractor and City shall accept no responsibility whatsoever for the conduct, actions, or omissions of any subcontractor selected by Operator. Operator shall be responsible for the management of the Page 12 of 25 subcontractors in the performance of their work; it being understood that Operator's responsibilities hereunder shall be considered non -delegable. 14. Default and Termination A. Notice of Deficiency: In the event City determines that Operator has failed to satisfactorily perforin its contracted duties and responsibilities in conformance to the specifications identified in the Agreement, City shall notify Operator of the specific nature of the deficiency. Upon receipt of such notice Operator will be allowed twenty (20) calendar days to cure the deficiency. If Operator determines it cannot cure the deficiency within the twenty (20) calendar day period, Operator must submit, in writing, a plan for curing the deficiency to City (which plan shall show in detail by what means Operator proposes to cure the deficiency). Upon receipt of any such plan, City shall promptly review such plan and, at its discretion, which must be reasonable in the circumstances, may allow or not allow Operator to pursue such plan of cure. City agrees that it will not exercise its remedies hereunder with respect to contract default for so long as Operator diligently, conscientiously, and timely undertakes to cure the deficiency in accordance with the approved plan. If City does not allow Operator an extension of the cure period, the twenty (20) day time period shall be suspended during the period of time the Operator's request for an extension of the cure period is pending before City. B. Termination- for Default: City may terminate Operator's operations and management services whenever City determines that Operator has failed to satisfactorily perform its contracted duties and responsibilities in conformance to the specifications identified in this Agreement, and is unable to remedy such failure in accordance with Section 14.A, Notice of Deficiency. Such termination shall be referred to herein as "Termination for Default". This Agreement may then be terminated by City upon service of a ten (10) day written notice to Operator. (1) City's Costs: In the event of Termination for Default, City may procure, upon such terms and in such manner as City deem appropriate, supplies or services similar to those terminated. Operator shall be liable to City for.all reasonable administrative and legal costs incurred by City in terminating this Agreement and procuring such similar services. (2) Operator `s Costs: In the event of Termination for Default, Operator shall be entitled to recover from the Fund its Operating Expenses properly incurred for satisfactorily completed services as provided in Section 12.E, Disbursements. (3) Further Rights: The rights and remedies of the parties provided in this Section 14.13, Termination for Default, shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. (4) Erroneous Termination: If after Notice of Termination for Default, it is determined by City or a court that Operator was not in default or that Operator's failure to perform or make progress in performance was due to causes beyond the control and without the Page 13 of 25 error or negligence of Operator, the notice of termination shall be deemed to have been issued as a Termination for the Convenience of City and the rights and obligations of the parties shall be governed solely be Section 14 E, Termination for Convenience. C. Termination for Operator Bankruptcy: In the event of the filing of a petition of bankruptcy by or against Operator, City shall have the right to terminate Operator's Operations and Management Services Agreement hereunder without penalty upon the same terms and conditions as a Termination for Default. D. Termination Unavailability of Funds: City agrees to submit a request each year to City Council requesting the amount of funds determined to be necessary to continue the services under this Agreement and any related agreements for the next Fiscal Year of the then current contract term. In the event that City funds for this Agreement become unavailable, City shall have the right to terminated Operator's operations and management services agreement without penalty and upon the same terms and conditions as a Termination for Convenience, except that the provisions of Section 14E.(2), City's Costs, shall not be applicable, and the provisions of Section 14.F.(2), Inadequacy of Fund, shall be applied instead. (1) Limitations on Funds: Operator understands and agrees that state constitutional limitations and City General Law limitations preclude City from incurring a financial obligation which exceeds the amount of funds presently available for commitment to such an obligation. Therefore, it is mutually agreed and understood that, at any time during the term of this Agreement, funds may not be available for the payment of additional services and other payments otherwise required under this Agreement. City does, however, agree to use its best efforts to obtain funds throughout the term of this Agreement which funds may be committed to the obligations contained herein. In the event such funds are not allocated by City Council to the payments required under this Agreement, City will provide notice of its inability to continue to make payments under this contract at such time as City becomes aware of the non - appropriation of funds. In the event of such unavailability of funds, if City exercises its right to terminate this Agreement, City shall not be responsible for damages or costs of any kind or nature incurred by Operator as a result of such termination. (2) City's Sole Discretion: Availability of funds will be determined at the sole discretion of City. E. Termination. for Convenience: City, by written notice of not less than one - hundred -eighty (180) days, may terminate this Agreement whenever, for any reason, City shall determine that such termination is in the best interests of City. Such termination shall be referred to herein as "Termination for Convenience". (1) Operator `s Costs: In the event of Termination for Convenience, Operator shall be entitled to recover from the Fund its Operating Expenses properly incurred to the date of termination as provided. in Section 12.E, Disbursements. Page 14 of 25 (2) City's Costs: In the event that the Fund does not then contain sufficient Facility Revenue to pay all of Operator's Operating Expenses to the date of termination, City shall contribute such additional funds to the Fund as are necessary to permit the payment of such Operating Expenses. These additional funds contributed by City shall constitute Facility Revenue. City shall have no other obligations to Operator whatsoever. F. Termination for Damage: Either party may terminate this Agreement as provided in Section 7.A(4), Damage to Detention Facility, by giving thirty (30) days notice of its intention not to rebuild, repair or restore the affected premises. Such termination shall be referred to herein as "Termination for Damage". (1) Operating Expenses: In the event of Termination for Damage, both parties shall be entitled to recover from the Fund their Operating Expenses properly incurred to the date of termination as provided in Section 12.E, Disbursements. (2) Inadequacy of Fund: In the event that the Fund does not then contain sufficient Facility Revenue to pay all of the parties' Operating Expenses to the date of termination, the balance of the Fund shall be divided between the parties in the ratio that each party's Operating Expense bears to the total Operating Expenses of both parties, After the pro rata distribution of the Fund, neither party shall have any further obligations to the other party whatsoever, G. Procedures for Termination: Upon delivery to Operator of a Notice of Termination specifying the nature of the termination under Sections 14.B, 14.C, 14.D, or 14,E, or upon delivery to either party of a Notice of Termination specifying a termination under Section 14.F, the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective, Operator shall: (1) Stop Work. Stop work under this Agreement on the date and to the extent specified in the Notice of Termination. (2) Cease Orders: Place no further orders for materials or services except as may be necessary for completion of such portion of the work under the Agreement as is not terminated. (3) Terminate Orders: Terminate all orders to the extent that they relate to the performance or work terminated by the Notice of Termination. (4) Assign Rights: Assign to City in the manner and to the extent directed by City's Facility Representative, all of the rights, title, and interest of Operator under the orders so terminated, in which case City shall have the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders. City shall indemnify Operator against third party claims relating to any rights assigned to City, but City shall be deemed assigned any such Page 15 of 25 third party claims and may enforce them against Operator directly or through offset against any interest or claims Operator may have against the Fund. (5) Resolve Claims: With the approval or ratification of City's Facility Representative, settle all outstanding liabilities and all claims arising out of such termination of orders, the cost of which would be reimbursable in whole or in part, in accordance with the provisions stated in this Agreement. (6) Transfer Title: Transfer title to City (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by City's Facility Representative, all files, and all computer software, data, manuals, or documentation, in any form, that relate to work terminated by the Notice of Termination. (7) Complete Performance: Complete the Performance of such part of the work as shall not have been terminated by the Notice of Termination. (8) Take Necessary Actions: Take such action as may be necessary, or as City's Facility Representative may reasonably direct, for the protection and preservation of the property related to this Agreement which is in the possession of Operator and in which City has or may acquire an interest. (9) Nan -Delay: Operator shall proceed immediately with the performance of the above obligations notwithstanding any delay in determining or adjusting the amount of any Operating Expense otherwise payable under this Agreement. 15. Indemnification A. Indemnification and Hold Harmless: Operator and its subcontractors, if any, with counsel mutually acceptable to City and Operator, agrees to defend, indemnify, protect and hold City and its agents, officers, employees, attorneys, volunteers and any parties with whom City has entered into an Intergovernmental Agency Agreement for the supply of detainees to the City's facilities harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Operator's employees, agents or officers which arise from, or are connected with, or are caused or claimed to be caused by, the acts or omissions of Operator and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that Operator's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of City, its agents, officers or employees or any parties with whom City has entered into an Intergovernmental Agency Agreement for the supply of detainees to the City's facilities. Operator agrees to pay all reasonable attorney and court costs in determining said sole negligence or willful misconduct of City, its agents, officers, employees or any parties with whom City has entered into an Intergovernmental Agency Agreement for the supply of detainees to the City's facilities. If it is Page 16 of 25 determined that City is solely at fault, City agrees to reimburse Operator for the costs incurred in determining that the City is solely at fault. B. Cify's Choice of Counsel: If CITY is sued as a result of the alleged actions and conduct of the Operator, CITY will have the right to select legal counsel mutually acceptable to CITY and Operator to defend the interests of CITY, and the reasonable costs and expenses for such legal counsel shall be paid by the Operator on a monthly basis as work is being performed by the legal counsel in defending CITY. C. Mtttual Indemnification: City shall defend, indemnify and hold Operator, its officers, agents and employees harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees) or claims for injury or damages arising out of the performance of this agreement to the extent that such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result solely from the negligent or intentional acts or omissions of CITY, its officers, agents (except Operator, its employees, agents or subcontractors) or employees. 16. Insurance A. Liabilh), Insurance: Operator shall procure a policy or policies of Comprehensive General Liability issued on an "occurrence" basis and not on a "claims made" basis. Such insurance shall protect Operator against loss, including injury or death resulting therefrom suffered or alleged to have been suffered by any person or persons, resulting directly or indirectly from the performance or execution of this Agreement or any subcontract thereunder. Operator's insurer shall be an licensed carrier in the State of California with an A. M. Best's rating of "A" or better. Property damage insurance shall also protect Operator against loss from liability imposed by law for damage to any property caused directly or indirectly by the performance or execution of this Agreement of any subcontract thereunder. Liability insurance (subject to the normal terms, conditions, and exclusions of the Commercial General Liability Coverage Form — Criminal Justice System Operations) must cover: (1) Assumption of Liability: Operator's assumption of all liability caused by or arising out of all aspects of the provision and operation of the Detention Facility. (2) Fonn, Limits: The General Liability Insurance policies must be of a comprehensive form and on an "occurrence basis" with a minimum combined single limit of Three Million Dollars ($3,000,000) and include civil rights coverage as set forth in Section 15.F.(2), Civil Rights Coverage, with a limit no less than Three Million Dollars ($3,000,000). B. Otherinsurance: Before commencement of work, Operator shall submit insurance policies or an original endorsement of insurance as evidence that Operator has obtained for the period of the contract, from a company authorized to do business in the State of California: Page 17 of 25 (1) Workers' Compensation. Insurance: Operator shall obtain Workers' Compensation Insurance, including employer's liability coverage, with a minimum limit of One Million Dollars ($1,000,000) or the amount required by law, whichever is greater. C. Endorsements: All insurance policies shall contain a Waiver of Subrogation of rights against City. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, civil rights liability, and property damage coverages. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsements", D. Clauses: As appropriate, the policies of insurance shall contain the following clauses: (1) Notice: Each policy shall provide that it shall not be canceled nor the coverage reduced until thirty (30) days after City's Chief of Police shall have received written notice of such cancellation or reduction. The notice shall be deemed effective on the date delivered to said Director as evidenced by properly validated return receipt. (2) Civil Rights Coverage: Insurance provided by Operator under Section 16.C, Liability Insurance, must protect City against civil rights actions by inmates involving "conditions of confinement" wherein declaratory and injunctive relief are sought and/or monetary damages are sought. (3) Separate Application: Subject to Operator's General Liability policy combined single limit, the insurance afforded applies separately to each insured, against whom claim is made, or suit is brought. (4) Primary Insurance: The insurance provided by Operator shall provide primary insurance to City to the exclusion of any other insurance or insurance program that City may carry with respect to claims and injuries arising out of activities of the Operator or otherwise insured hereunder. E. Reassessment of Coverage: At the end of each contract year, City reserves the right to review insurance coverage requirements and to require increased insurance requirements depending upon assessment of the risk of exposure, Operator's past experience, and the availability and affordability of increased liability insurance coverage. F. Deductibles and Self -Insured Retention: Any deductibles or self-insured retention must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects City, its officers, officials, employees and volunteers; or Operator shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Any deductibles incurred arising from any incident occurring during a contract period, will be an operational Page 18 of 25 expense. Any such deductibles will be charges against the Total Jail Operations Cost figure provided in Exhibit A, Budget. Nothing in this paragraph is intended to authorize an increase in the not to exceed Total Jail Operations Cost provided for in Exhibit A, as that amount exists or may be from time to time increase automatically by cost of living adjustments provided for in this Agreement. G. Certificates of Insurance and Cancellation: All insurance required by this Article shall be procured and maintained with financially sound insurance companies licensed to do business in the State of California and approved by City. Such certificates of insurance shall contain a provision that City shall receive written notice at least thirty (30) days prior to the cancellation of any of the coverage provided under the policies. In the event that any insurance described herein or any portion thereof becomes commercially unavailable, Operator and City shall cooperate in efforts to obtain such replacement insurance as may be available and this Agreement shall be modified accordingly. In the event that adequate insurance becomes commercially unavailable, City or Operator may terminate this Agreement upon thirty (30) days prior written notice as a Termination for Default, and Operator shall comply with Section 14.G, Procedures for Termination. H. Wainer of Defenses: Neither City nor Operator shall waive, release, or otherwise forfeit any possible defense City or Operator may have regarding claims arising from, or made in connection with, the operation of the Detention Facility by Operator without the written consent of the other party to this agreement. City and Operator shall preserve all such available defenses and cooperate with each other to make such defenses available for each other's benefit to the maximum extent allowed by law. This provision shall include any defenses City may have regarding litigation, losses, and costs resulting from claims or litigation pending at the time this Agreement becomes effective or arising thereafter from occurrences prior to the effective date of this Agreement. 17. Operator's Corporate Obligations A. Maintenance of Corporate Existence and Business: Operator shall, at all times, maintain its corporate existence and authority to transact business and good standing in its jurisdiction of incorporation and California. Operator shall maintain all licenses, permits, and franchises necessary for its businesses where the failure to so maintain might have material adverse effect on Operator's ability to perform its obligations under this agreement. B. Non -Discrimination: Operator shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this agreement, and will comply with any rules and regulations of City relating thereto. C. Taxes, Liens and Assessments: Operator shall: (i) not create or suffer to be created, any lien or charge upon the Detention Facility or any part thereof, (ii) pay or cause to be Page 19 of 25 discharged, within sixty (60) days after the same shall come into force, any lien or charge upon the Detention Facility or any part thereof and all lawful claims or demands for labor, materials, supplies or other charges which, if unpaid, might be or become a lien upon the Police Department Building, the Detention Facility, or any part thereof. D. City's Facility Representative: The Chief of Police shall appoint a City's Facility Representative for the Detention Facility who shall work for and be paid by City. City's Facility Representative will be the official liaison between City and Operator on all matters pertaining to this Agreement and the services provided hereunder. City's Police Chief may appoint another City employee as acting City's Facility Representative during his or her absence, and during such time the acting City's Facility Representative shall exercise all rights and perform all duties of City's Facility Representative under this Agreement. E. Right to Audit: City shall, subject to limitations provided by law with respect to rights of privacy, have the right to examine all records of Operator related to the Detention Facility, including without limitation, all financial books and records, maintenance records, employee records, and Inmate records generated by Operator, its subcontractors or any other related parties in connection with performance of this Agreement. Operator shall make the same available for inspection by City or City's auditors at any time during normal business hours after reasonable notice during the term hereof and for a period of three (3) years thereafter. F. Self -Monitoring: Operator shall develop and submit to City for its approval, a detailed plan illustrating how Operator intends to monitor operations of the Detention Facility to ensure compliance with this Agreement. G. Monitoring by City: City may, in its discretion, in coordination with City's Facility Representative, devise its own checklist or lists for monitoring the quality of Operator's performance with this Agreement and the applicable Minimum Standards and Baldwin Park Police Department Policies, and Operator shall cooperate fully with City and City's Facility Representative in obtaining the requisite information needed to complete such checklists and to assess the quality of Operator performance. Such monitoring by City shall not relieve Operator of any of its obligations under this Agreement. 18. Representations and Warranties A. Representations of Operator: Operator, to the best of Operator's knowledge at the time of executing this Agreement, represents and warrants to and for the benefit of City with the intent that City will rely thereon for purposes of entering into this Agreement, as follows: (1) Organization. and Qualification: Operator has been duly incorporated and is validly existing as a corporation in good standing under the laws of the State of California with power and authority to own its properties and conduct its business as presently conducted and as proposed to be conducted pursuant to this Agreement. Page 20 of 25 (2) Authorization: This Agreement has been duly authorized, executed, and delivered by Operator and, assuming due execution and delivery by City, constitutes a legal, valid, and binding agreement enforceable against Operator in accordance with its terms. (3) No Violation of Agreements, Articles of Incorporation or Bylaws: The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms hereof will not conflict with, or result in a breach of any of the terms and provisions of, or constitute a default under any indenture, mortgage, deed of trust, lease, loan agreement, license, security agreement, contract, governmental license or permit, or other agreement or instrument to which Operator is a party or by which its properties are bound, or any order, rule, or regulation of any court or any regulatory body, administrative agency, or other governmental body applicable to Operator or any of its properties, except any such conflict, breach, or default which would not materially and adversely affect Operator's ability to perform its obligations under this Agreement, and will not conflict with, or result in a breach of any of the terms and provisions of, or constitute a default under, the Articles of Incorporation (or other corresponding charter document) or Bylaws of Operator. (4) No Defaults Under Agreemenfs: Operator is not in default, nor is there any event in existence which, with notice or the passage of time or both, would constitute a default by Operator, under any indenture, mortgage, deed of trust, lease, loan agreement, license, security agreement, contract, governmental license or permit, or other agreement or instrument to which it is a party or by which any of its properties are bound and which default would materially and adversely affect Operator's ability to perform its obligations under this Agreement. (5) Compliance with. Laws: Neither Operator nor its officers and directors purporting to act on behalf of Operator have been advised, and have no reason to believe, that Operator or such officers and directors have not.been conducting business in compliance with all applicable laws, rules and regulations of the jurisdictions in which Operator is conducting business, including all safety laws and laws with respect to discrimination in hiring, promotion or pay of employees or other laws affecting employees generally, except where failure to be so in compliance would not materially and adversely affect Operator's ability to perform its obligation under this Agreement. (6) No Litigation: There isnot now pending or, to the knowledge of Operator, threatened, any action, suit, or proceeding to which Operator is a party, before or by any court or governmental agency or body, which might result in any material adverse change in Operator's ability to perform its obligations under this Agreement, or any such action, suit, or proceeding related to environmental or civil rights matters; and no labor disturbance by the employees of Operator exists or is imminent which might be expected to materially and adversely affect Operator's ability to perforin its obligations under this Agreement. - Page 21 of 25 (7) Taxes: Operator has filed all necessary federal, state, and foreign income and franchise tax returns and has paid all taxes as shown to be due thereon, and Operator has no knowledge of any tax deficiency which has been or might be asserted against Operator which would materially and adversely affect Operator's ability to perform its obligations under this Agreement. (8) Financial Stateinerits: Operator has delivered to City true and correct copies of its financial statements or other financial records which fairly present the current financial position of Operator. (9) No Adverse Change: Since the date of Operator's most recent financial records provided to City, there has not been any material adverse change in Operator's business or condition, nor has there been any change in the assets or liabilities or financial condition of Operator from that reflected in such financial records which is material to Operator's ability to perform its obligations under this Agreement. (10) Disclosure: There is no material fact which materially and adversely affects or in the future will (so far as Operator can now reasonably foresee) materially and adversely affect Operator's ability to perform its obligations under this Agreement which has not been accurately set forth in this agreement or otherwise accurately disclosed in writing to City by Operator preceding the date hereof. B. Representations of Cite: City represents and warrants to and for the benefit of Operator with the intent that Operator will rely thereon for purposes of entering into this Agreement as follows: (1) Authorization.: City has the requisite power to enter into this Operating Agreement and perform its obligations hereunder and by proper action has duly authorized the execution, delivery, and performance hereof. (2) No Violation of Agreement: The consummation of the transactions contemplated by this Agreement and the fulfillment of the terms hereof will not conflict with, or result in a breach of any of their terms and provisions, or constitute a default under any indenture, mortgage, deed of trust, lease, loan agreement, contract, or other agreement or instrument to which City is a party or by which its properties are bound, or any order, rule or regulation of any court or any regulatory body, administrative agency or other governmental body applicable to Operator or any of its properties, except any such contract, breach, or default which would not materially and adversely affect City's ability to perform its obligations under this Agreement. (3) No Litigation: There is not now pending or, to the knowledge of the City, threatened, any action, suit or proceeding to which City is a party, before or by any court or governmental agency or body, which might result in any material adverse change in City's ability to perform its obligations under this Agreement. Page 22 of 25 (4) Disclosure: There is no material fact which materially and adversely affects or in the future will (so far as City can now reasonably foresee) materially and adversely affect City's ability to perform its obligations under this Agreement or which might require changes in or additions to the Operation and Management Services that would increase the cost to Operator of providing such services, which has not been accurately set forth in this Agreement or otherwise accurately disclosed in writing to Operator by City prior to the date hereof. 19. Conditions A. Irnsura►:ce: As a condition precedent to the effectiveness of this Agreement, Operator shall provide, to City, endorsements of insurance, binders or other proof of insurance, acceptable to City in its sole discretion, evidencing all insurance coverage required by Section 16, Insurance, 20. Notices A. Notices: Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Operator's regular business hours or by facsimile before or during Operator's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. City Operator Chief of Police Baldwin Park Police Department 14403 E. Pacific Avenue Baldwin Park, California 91706 Phone: (562) 813-5225 Fax: (562) 338-5545 Correctional Systems, Inc. 7805 Arjons Drive, Suite A San Diego, CA 92121 Voice: (858) 566-9816 Fax: (858) 566-9837 Page 23 of 25 21. Miscellaneous Provisions A, Binding Nature: This Agreement shall not be binding upon the parties until it is approved and executed by both parties. This Agreement after properly approved and executed by the parties, shall inure to the benefit of City and Operator and shall be binding upon City and Operator and their respective successors and assigns, subject to the limitations set forth in Section 20,D, Prohibition Against Assignment, and elsewhere in this Agreement. B. Invalidity and Severability: In the event that any provision shall be null and void, the validity of the remaining provisions of this Agreement shall not in any way be affected thereby. C. Terminology and Definitions: All personal pronouns used in this Agreement, whether used in the masculine, feminine, or neutral gender, shall include all other genders; the singular shall include the plural and the plural shall include the singular. D. Prohibition. Against Assigninent: It is hereby agreed by the parties that there will be no assignment or transfer of this Agreement or any interest in this Agreement without the written agreement of both parties. E. Jurisdiction: Any and all suits for any and every breach of this Agreement shall be instituted and maintained in any court of competent jurisdiction in the County of Los Angeles, State of California, F. Attorney's Fees: In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs. G, Law of California: This Agreement shall be governed by and construed in accordance with the laws of the State of California. H. Entire Agreement: This Agreement incorporates all the agreements, covenants, and understanding between the parties hereto, concerning the subject matter hereof, and all such covenants, agreements and understanding have been merged into this written Agreement. No other prior agreement or understandings, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement, I. Amendment: No changes to this Agreement shall be made except upon written agreement of both parties. J. Headings: The headings used herein are for convenience of reference only and shall not constitute a part hereof or effect the constriction or interpretation of this Agreement. Page 24 of 25 K. River., No failure on the part of any party to exercise, and no delay in exercising, and no course of dealing with respect to any right hereunder shall operated as a waiver thereof, nor shall any single or partial exercise of any eight hereunder preclude any other of further exercise thereof or in the exercise of any other right. The remedies provided in this Agreement are cumulative and non-exclusive of any remedies provided by law or in equity, except as expressly set forth herein. L. Counterparts. This Agreement may be executed in any number of , and by the different parties hereto, on separate counterparts, each of which, when so executed, shall be deemed to be an original, and such counterparts shall together constitute but one and the same instruments. IN WHTNESS WHEREOF, the parties hereto have executed and entered into this Agreement as of the date set forth above. "City,, ATTEST: City Clerk Approved as to form: By City Attorney CITY OF BALDWIN PARK LE Mayor Operator" CORRECTIONAL SYSTEMS, INC. a Delaware Corporation BIG Page 25 of 25 STAFF REPORT HUB,0F °y ME "LY L ' J A ITEM NO. TO: Honorable Mayor and City Council members 'DL/ FROM: Daniel Wall, P.E., Director of Public Works / City Engincer. DATE: September 16th, 2015 SUBJECT: AWARD OF BID FOR CITY PROJECT NO. 2015-0091 RESIDENTIAL STREET REHABILITATION WORK SUMMARY This item will award the contract for City Project No. 2015-0091 — Residential Street Rehabilitation to Sully -Miller Contracting Company, in the amount of $1,328,175.00. FISCAL IMPACT This project is funded with restricted funds; no General Funds are used. Funding for this project is as follows: Available Funds Gas Tax $3,000,000 Measure R $500,000 Total Available Funds $3,500,000 Construction Budget ... Construction Contract $ 1,328.,1.75 ... _ Contingency Allowance (10%) $ 132,825y Construction Engineering (5%) $ 66,000 Total Construction Costs $ 1,527,000 RECOMMENDATION It is recommended that the City Council: Approve and award the contract to Sully -Miller Contracting Company in the amount of $1,328,175.00 and authorize the Mayor to execute the contract for the residential street rehabilitation work. BACKGROUND On February 18, 2015, the City Council approved an appropriation for street paving improvements comprised of Gas Tax and Measure R funds. This project represents the first of three planed phases for this appropriation. The project consists of paving 30 street segments primarily within residential areas. Proposed improvements include cold mill and AC overlay, removing and replacing concrete sidewalk, curb and gutter, upgrading and constructing new access ramps, adjusting maintenance sewer and storm drain covers, installing striping and pavement messages and all appurtenant work per the plans and specifications. DISCUSSION A notice inviting bids for this project was advertised in the San Gabriel Examiner on August 13 and 20, 2015. In additioti, the project was advertised in the Contractor's Green Sheet and the Daily Construction Service. On September 3 d , 2015, a total of five (6) bids were received and checked for errors, and all were determined to be valid. The following is a summary of the bids received. The lowest responsive bid was $1,328,175.00 from Sully -Miller Contracting Company of Brea, CA. If awarded, the project construction will commence by the end of September 2014 and will be completed within six to eight weeks. LEGAL REVIEW None Required. ATTACHMENTS 1. Summary of bids received 2. Location Map Attachment 1 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 0 to 0 0 0 -n 0 0 o C4 0 0 (n 0 t- Cd Go 13O o W8 0 r; W 0, = Q.. M 0 6 0 6 � r.: 6 Co 6 0 6 6 6 0 ui 0 L6 0 Ci It 6 0 0 uh V) 69 C% Q9 eo9 N M w N w Cli 61, N 69. C& o o c:, 0 0 0 o 0 0 0 0 0 0 Q E Lo o ID N o 0 Nfn Eco (D (D w w 6% f9 a9'A W u ,) o 'o o O o o 0 O q D " 9 q q q 9 cN 0 LO r- V) o W c m o . lo 8 �! co) O 0 m N o o tq o N " clLIJ � c D N 04 04 w w GH Q9 m Ell) L9 6R 10 w . . . . .......... w ....... W 69. 8 8 8 8 8 8 8 -o D c o , o o o o Q ai PO cli o sm q ct Ect Ci -w FL C) P Z! o r-- cli W) q. E co!> t9 M 69 GO H 6s 69 w 6% v» '2 ui a o o v o o o 0 C o o o o o m o 6 r,: N 0 o o o o v Go! o er, E0 (D a9 I- w fi. , E9 — V> , cli cl) 6% q G9 8 w69 , V) O O O D O O Lo ot o 9 0 o ci o q o o q o o q o (q O o o o q o �n cli 0 q o -n rl� o q o cis o o o o D. O o. oc o Ct < C) w o ce) u, co " 04 m N o w M UJ C E0 e9 'A to w 6% w H.9 Hw2 c, o o 0 o o u c . o ov o uaQ w o o o c, 1 M c,� cl) q C-4 ct E9 oo W> H fio9 W. w tO o o o o o 8 o .. ..... . o ... o o o . . . o .... o o o o o o o o 8 o o o o o o o o c o o o o o o N N (D u) o lo -7 Ld CA 6 m N M ri N cq e Lo c4pz Ncq td v: C) ai 69 6% m 64 Gl� Go� 49 69 LO 69 E4 to� Go9 tl 2 D o o q q q c, I o o o u . 8 8 o 9 IDpO ID V) o 6�1 io� E0 u). u) GO Lo 'A > C) o o 0 o . o o — o — o — — - - o o ------- — - o --------------------- o - o o o In o N o o o o o o o N CO m M c', R 'm LQ LQ N o N o c', (q o C! o c', R o cQ o '. : w E m N li O_ .o� m to 69 Eq Go� 0 U� Wk .9 .9 ul o o o 69 69 W to 0A tO G9 E0 6% 04 . . ........... r o D o Lo o o C-4 CT ® N Cl) o C, co F- cl R w u) CY c6 v: 0, L% J u) . H. . . . . . .......... . a) C N, o W m E O 2 15 12 6 t . 2 11 P- PLE — �L SLC vu < L) < . El-1� ! 9 M C i� - a E L0. 2 0 o o m 0 < < L) 0 - 2 . 6 2 o (D t- W o) Attachment 1 Attachment 2 uWai.EY CITY OF BALDWfN PARK DEPARTMENT OF PUBLIC WORKS RESIDENTIAL STREET REHABILITATION PROJECT VARIOUS LOCATIONS CITYWIDE CITY PROJECT 2015-0091 0irr-TWpQy N0, STREET NAME FROM To I ALDERSON AVENUE DOWNINQ AVENUE LOS ANGELES STREET 2 AINMSrON AVENUE LA SENA NUBIA STREET 3, ARDILLA AVENUE SWAINEE LANE HO DRIVE o' 4. BENHAM AVFNUl. NIJBIA SMET.r 'Ke 01 STREET BENHAM DALTON AVENUE PA FIG AM: NUE PUENTE AVENUE G. BIG DALTON AVENUE PACIFIC AVENUE OEM MAL AVENUE 7 BOGART AVFNUE LES ANGELES STREET DEMBILON STREET R. BOGART AVENIJE° RAMONA BILAS) CLARK STREE r 9 CONTRAL SMEET DOWNING AVENUE VINELAND AVENUE 10, CLEARY DRIW.. PUCINTE AVENUE BOST STREET i'1, BERM ON STRIKE I' SOL -DE SAO (W/0 SUGAR T) CUL M—SAC (C/O BOGART) 12 DEVANAIH STREET LA SENA AVENUE END OF STREET 2 13. DEXTER SrREET BIG DALTON AVENUE PUENUE AVENUE 14, DOWNING AVENUE® 6ADID-0 SMEE.T CLARK SMEEr 15 DOVNINr AVLNUE' PACIFIC AVENUE B DILLO STREET 16 ELTON BIREEI BLAME STREEI 14LIBIA STREET 17, FORTIN STREET OLIVE STREET NUBIA STREET IR HOMELD fURS r DRIVE ARD4.t.A AVENUE PUENTE AW..NUF L 19 XREMIE AVENUE VINELAND AVENUE DOWNING AVENUE 20, JDAINBRIDGE SrREET- MAINE AVENUE 1. LCI CK STREET 21 LA GERA AVENUE OI..[*- SIREET NUBIA STREET 22..LA SENA AVENUE NONA STREET ENG orSTREET w 23 LAINTE.. AVENUE NUBIA STREET U. -MR. STREETV 24 MARION AVENUE OLIVE [REE T' CHILES[ STREET 2 26 MONTEREY AVENUE" RAMONA BLVID FRAZIFIR STREET -[04 5 MAUPW AVENUE CLARK SMFIF LOS AINGE.LES STREET -,WARF M"Alr,� nALRIM14 �ARX U07) 27, 1XXKX STRFF I LANDIS AVENUIT MAINE AVENUE ZR, 59 hAUrNA DILITA, 'UR GWATKF 414E WLIAYN AmilluE AROILLA AVVNIUL HOWELI114UPSI 0IRVE 30, VAI)LOW AMTNIJE RwT STIRAV &RSw s 717 STAFF REPORT sAN, AB:kIE . p XVALLEY ,,tt �rw,rau SUMMARY ITEM NO. TO: Honorable Mayor and City Councilmembers FROM: Marc Castagnola, AICP, Director of Community 1leveloptiie��t Sam Ghaly, Building Official, ��� DATE: September 16, 2015 SUBJECT: SECOND READING OF ORDINANCE 1380, ADDING CHAPTER 156 RELATING TO EXPEDITED AND STREAMLINED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS AS REQUIRED BY GOVERNMENT CODE SECTION 65850.5. This report requests City Council approval of Ordinance 1380, adding Chapter 156, relating to expedited and streamlined permitting procedures for small residential solar energy systems as required by Government Code 65850.5. FISCAL IMPACT There is no fiscal impact to the approval of a streamlined permitting process, Ordinance No. 1380, RECOMMENDATION Staff recommends that the City Council adopt Ordinance 1380 on second reading, read by Title only: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 156 RELATING TO EXPEDITED AND STREAMLINED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS"; and, waive any further reading thereof. BACKGROUND This Ordinance was introduced at the City Council meeting on September 2, 2015 for first reading, and at that meeting, Ordinance 1380 was approved by the City Council. This Ordinance adds Chapter 156 to the City's Municipal Code relating expedited and streamlined permitting procedures for small residential solar energy systems as required by Government Code 65850.5. LEGAL REVIEW The City Attorney has reviewed the attached Ordinance No. 1380. ATTACHMENT #1. Ordinance 1380 � f ;/ 1 � 1 ' i �' ORDINANCE NO. 1380 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 156 TO ARTICLE XVI RELATING TO EXPEDITED AND STREAMLINED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS WHEREAS, as set forth in Government Code Section 65850.5(a) it is the policy of the State of California that local agencies encourage the installation of solar energy systems by removing obstacles to, and minimizing the costs of, permitting such energy systems; and, WHEREAS, as set forth in Government Code Section 65850.5(g), cities must adopt an ordinance on or before September 30, 2015 that creates an expedited and streamlined permitting process for small residential rooftop solar energy systems; and, WHEREAS, the ordinance must substantially conform with the recommendations set forth in the California Solar Permitting Guidebook, including the use of a checklist of all requirements that, if complied with, requires cities to approve the application and issue the applied for permits; and, WHEREAS, the City Council of the City of Baldwin Park finds that it is in the interest of the health, welfare and safety of the public to provide an expedited permitting process to encourage the effective development of solar technology; and, WHEREAS, the City Council of the City of Baldwin Park finds that the following ordinance will have the effect of encouraging the installation of small residential solar energy systems and minimizing barriers, obstacles, and costs of obtaining permits for their installation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Baldwin Park as follows: SECTION 1. Chapter 156 "Small Residential Solar Energy System Permits" is hereby added to Article XVI of the Baldwin Park Municipal Code, as follows: "Chapter 156 - SMALL RESIDENTIAL SOLAR ENERGY SYSTEM PERMITS Section 156.010 Title. The ordinance codified in this Article shall be known and designated as the "Small Residential Solar Energy System Permits " ordinance. Section 156.020 Purpose. The purpose of this Article is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This Article is designed to encourage the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install solar energy systems. This Article allows the City to achieve these goals while protecting the public health and safety. Section 156.030 Definitions. A. "Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. B. "Board of Appeals" means the Board of Appeals established pursuant to Baldwin Park Municipal Code Section 150.011 C. "Building department" means the Building Department for the City of Baldwin Park. D. "Building official" means the Building Official for the City of Baldwin Park. E. "City" means the City of Baldwin Park. F. "Common interest development" means any of the following: 1. A community apartment project 2. A condominium project 3. A planned development 4. A stock cooperative G. "Electronic submittal" means the utilization of one or more of the following: 1. Email 2. The Internet 3. Facsimile H. "Expedited permitting," and "expedited review," means the process outlined in Section 156.070 entitled "Expedited permit review and inspection requirements." I. A "feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition or mitigation imposed by the City on another similarly situated application in a prior successful application for a similar permit. J. "Labels" means signage identifying solar equipment, solar equipment ratings, and warnings of potential hazards. Labels shall be made of durable plastic or metallic material with edged or engraved lettering. The label description shall comply with the requirements of the current California Electrical Code. K. "Reasonable restrictions" on a solar system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specific performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits. L. "Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance" means: 1. For water heater systems or solar swimming pool heating systems: an amount exceeding 10% of the cost of the system, but in no case more than $1,000.00, or 2 decreasing the efficiency of the solar energy system by an amount exceeding 10%, as originally specified and proposed. 2. For photovoltaic systems: an amount not to exceed $1,000.00 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10% as originally specified and proposed. M. "Small residential rooftop solar energy system" means all of the following: 1. A solar energy system that is not larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal. 2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City of Baldwin Park and all State of California health and safety standards. 3. A solar energy system that is installed on one and two-family homes of R3 occupancy as defined by the California Building Code. 4. A solar panel or module array that does not exceed the maximum legal building height as defined by the City of Baldwin Park. N. "Solar energy system" means either of the following: 1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating. 2. Any structural design feature of a building whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating, space cooling or water heating. O. "Specific adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified and written public health or safety standards, policies or conditions as they existed on the date the application was deemed complete. Section 156.040 Applicability. This Article applies to the permitting of all small residential rooftop solar energy systems in the City. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like -kind replacements shall not require a permit. Section 156.050 Solar Energy System Requirements. A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the City and the State of California. B. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code. C. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. Section 156.060 Duties of Building Department and Building Official. A. All documents required for the submission of an expedited small residential rooftop solar energy system application shall be made available on the City's publicly accessible website. B. Electronic submittal of the required permit application and documents via email, the City's website, or facsimile shall be made available to all small residential rooftop solar energy system permit applicants. C. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. D. The Building Department shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply with to be eligible for expedited review. E. The small residential rooftop solar system permit process, standard plans, and checklist shall substantially conform to the recommendations for expedited permitting, including the checklist and standard contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research. F. All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Government Code Sections 65850.55 and 66015and Health & Safety Code Section 17951. Section 156.070 Expedited permit review and inspection requirements. A. The Building Department shall adopt an administrative, nondiscretionary review process to expedite the approval of small residential rooftop solar energy system applications within 30 days of adoption of this Article. For an application for a small residential rooftop solar energy system that meets the requirements of the approved checklist and standard plan, the Building Department shall issue a building permit or other non -discretionary permit in a timely manner and no later than five working days from the day of submittal. A building official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed pursuant to the procedures outlined in Section 150-011 of this code. B. Review of the application shall be limited to the building official's review of whether the applicant meets local, state and federal health and safety requirements. C. If a use permit is required, a building official may deny an application for the use permit if the official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon 4 public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed pursuant to procedures outlined in Section 150.011 of this code. D. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. The City shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of Civil Code Section 714(d)(1)(A)-(B). E. The City shall not condition the approval of an application on the approval of an association as defined in Civil Code Section 4080. F. If an application for a small residential rooftop solar energy system is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permitting shall be sent to the applicant for resubmission. G. Only one inspection shall be required and performed by the Building Department for small residential rooftop solar energy systems eligible for expedited review. H. The Inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two business days of a request and will provide the applicant with a two-hour inspection window. I. If the small residential rooftop solar energy system fails inspection, subsequent inspection(s) is/are authorized and re -inspection fees may be assessed if the installation repeatedly fails to meet the safety standards of the Building and Electrical codes or if access to the work site is limited or restricted repeatedly. Section 156.080 Fees. A. Separate permit and plans review fees will be required for solar energy systems pursuant to this article. The fee shall reimburse the City for staff time incurred and resources expended in its administration of this article. B. The Residential Solar Systems Permit Fee and the Residential Solar Systems Plans Review Fee shall be set by Resolution as approved by the City Council. C. Additional hourly re -inspection fees as set forth in the City's Fees Schedule may be assessed on a projects that repeatedly fail inspections." SECTION 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this article irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end, the provisions of this article are declared to be severable. SECTION 3. The City Clerk shall certify to the passage and adoption of this Ordinance and it shall take effect thirty (30) days after its passage. PASSED AND APPROVED ON THE 16th day of September, 2015. CITY OF BALWIN PARK 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, California, 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 the 2nd day of September, 2015. Thereafter, said Ordinance No. 1380 was duly adopted and passed at a regular meeting of the City Council on the 16th day of September, 2015, by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ALEJANDRA AVILA CITY CLERK ITEM NO. " " + REPORT TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City of 111U13f P Baldwin Park N« , FROM: Marc Castagnola, AICP, Director of Community Develop:tneW I sxwra,�`ssiL,/, Rose Tam, Accounting Manager �kCkM40 - DATE: September 16, 2015 SUBJECT: APPROVAL OF THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 15-16B) FOR THE PERIOD FROM JANUARY 1, 2016 TO JUNE 30, 2016 SUMMARY With the dissolution of local redevelopment agencies, the current state law requires the City Council acting as the governing body of the Successor Agency to the Community Development Commission ("CDC") with respect to redevelopment agency matters to adopt a Recognized Obligation Payment Schedule (ROPS) every six months. Attached is the Recognized Obligation Payment Schedule (ROPS 15-1613) for the period from January 1, 2016 through June 30, 2016 for the Successor Agency's Board approval. FISCAL IMPACT Under AB 26 and AB 1484, the City Council, as the successor agency, may only pay the enforceable obligations of the former Commission listed on the ROPS. The successor agency is prohibited by AB 26 and AB 1484 from entering into new obligations, except as necessary for administration of the successor agency and the winding up of the Commission's business. The intent of the ROPS is to identify all enforceable obligations of the former Commission payable before June 30, 2016. Nothing in the redevelopment dissolution legislation provides for the assumption of the Commission's obligations by the City. The liability of the successor agency for the CDC's obligations is limited to assets transferred to the City, as successor agency, from the Commission by operation of law. The successor agency is to receive up to $250,000 for administrative costs per year from the Redevelopment Property Tax Trust Fund (RPTTF) distributed by the County of Los Angeles per AB 26. However, at this time, it unknown how much RPTTF the successor agency will receive during the fiscal year 2015-16. RECOMMENDATION Staff recommends the City Council, as governing body of the Successor Agency: 1. Adopt the Recognized Obligation Payment Schedule (ROPS) 15-16B for the period of January 1, 2016 through June 30, 2016; and, 2. Direct staff to proceed with submitting the draft ROPS 15-16B for approval to the Oversight Board; and, 3. Send the approved ROPS to the County Executive Officer, County Auditor Controller, the State Controller and Department of Finance; and, 4. Instruct staff to post the approved ROPS 15-16B on the City's website. Approval of ROPS 15-16B September 16, 2015 Page 2 BACKGROUNDMISCUSSION Assembly Bill Xl 26 ("AB 26") was drafted with recognition that redevelopment agencies had a variety of debts and obligations that still must be met in order to avoid causing harm to the persons to whom those debts and obligations are owed. Successor agencies are supposed to receive tax revenues from the county auditors in order to ensure those obligations, referred to in AB 26 as "enforceable obligations," will be met. In order to enable the County of Los Angeles to determine how much tax revenue a successor agency needs to meet its enforceable obligations; AB 26 requires the preparation of a series of schedules of enforceable obligations. The first two schedules, the Enforceable Obligation Payment Schedule ("EOPS") and the Preliminary Draft Recognized Obligation Payment Schedule ("PDROPS") were approved by the Community Development Commission (Commission) prior to its dissolution. Those schedules formed the basis for the preparation of the first schedule previously approved by the City Council, as the governing body of the successor agency (Successor Agency), the Recognized Obligation Payment Schedule ("ROPS"). A ROPS must be prepared and presented to the City Council as the governing body of the successor agency for approval for each six-month period, from January 1 through June 30 and from July 1 through December 31, until all of the Commission's enforceable obligations have been paid in full. The approved ROPS is then submitted to the Oversight Board for approval. Following Oversight Board approval, the ROPS is sent to the Department of Finance and other agencies. On June 27, 2012, AB 1484 was enacted providing technical amendments, new rules and new deadlines for the redevelopment dissolution process. For the current BOPS, the Successor Agency must submit an Oversight Board approved ROPS 15-16B for the period of January 1, 2016 through June 30, 2016, to the DOF no later than October 5, 2015. If the ROPS is not submitted on time, there will be a civil penalty of $10,000 per day for every day that the ROPS is not submitted to the DOF. The penalty is to be paid to the County Auditor -Controller for distribution to the taxing entities. The Successor Agency must notify the County Executive Officer, the County Auditor Controller, and DOF, at the same time the Successor Agency submits a proposed action to the Oversight Board for approval. Also, all actions taken by the Oversight Board must be adopted by resolution. In addition, DOF has changed the format for the ROPS. Some of the requirements on the new ROPS format include: • Agencies report actual amounts paid from tax increment from the previous six-month period. • Enforceable obligations listed on one form regardless of funding source. No longer required to report monthly enforceable obligation estimates. Only six-month estimates are required. • Agencies are required to report fund balances for different fund sources. The report of available fund balance information covers two BOPS period. • Beginning with ROPS 13-14B, agencies must use the Redevelopment Agency Dissolution Web Application (RAD App) for ROPS submission. Email submission will no longer be accepted. The Successor Agency has complied with the requirements to prepare and approve a BOPS, submit it to the Oversight Board for approval and submit it to DOF, the State Controller's Office and the County Executive Officer and Auditor -Controller for all periods through the July through December 2015 six-month period. The Successor Agency now has before it the ROPS 15-16B for the period of January 1, 2016 through June 30, 2016 for its consideration. (The Department of Finance has established the naming convention for the BOPS, using the fiscal year and a letter indicating whether the ROPS is for the first or second six-month period within the fiscal year.) If approved, the ROPS 15-16B will be submitted to the Oversight Board for review at a special meeting scheduled for Tuesday September 29, 2014 and at the same time to the County Executive Officer, the County Auditor Controller, and the DOF. Approval of ROPS 15-16B September 16, 2015 Paee 3 If approved by the Oversight Board, the approved ROPS must then be provided to the Los Angeles County Auditor, the State Controller and the Department of Finance and posted on the Successor Agency's website. LEGAL REVIEW No legal review required ALTERNATIVES State Law requires the City Council acting as Board Members of the Successor Agency to the Dissolved Community Development Commission to adopt a Recognized Obligation Payment Schedule (ROPS) in order for the City to pay the for Community Development Commission's obligations, which include debt, loans and administrative costs. If the ROPS are not approved, submitted to the Oversight Board and then submitted to the State Department of Finance by October 5, 2015 there is civil penalty of $10,000 a day until it is submitted. In addition, the Successor Agency would be unable to pay debt service and other obligations. This would cause former RDA bonds to go into default. ATTACHMENT 1. Recognized Obligation Payment Schedule (ROPS) 15-16B for January 1, 2016 — June 30, 2016 Recognized Obligation Payment Schedule (RODS 15-1613) q m E E m O �p 'C a) LO (p T r N cC)�l ao OM O ... 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Y h� n Y all, �w d a a CEg f' .. ,r �i I 7-- 7 .......m ee„.a -_.... ..i..._. e. ",e 1Imu_ � Pr Tr G 1 I I a-+ Ln 1 I I I I I I I i I Q (` W Z m CU m/ 3 1 Ln � O Tl- V) s O T -- 0 _N N Ln N M o + U C U 00N �y + E l0 A �+ 0 + Ln Q cu t1J',. •L O O + LA w N N vI ko -a7 v o = ,a 4- Q UE `o N E V o v Y N O i co a Z t!? w ......... -a �I (u m v co E N r � Loco N 14- ti N d' O CO N V N LO IT STAFF REPORT HL1L 0Fr�.5y THE' Sohl GAE��ICL , LE SUMMARY ITEM NO. TO: Honorable Mayor and City Councilmembers FROM: Manny Carrillo, Director of Parks and Community Services W DATE: September 16, 2015 SUBJECT: REVIEW OF CURRENT APPLICATIONS AND CONSIDERATION OF APPOINTMENT OF STUDENT MEMBERS OF RECREATION AND COMMUNITY SERVICES COMMISSION This report requests City Council review the submitted Student Commission application(s) and appoint the qualified individual(s) to serve on the Recreation and Community Services Commission to fill the current vacancies. FISCAL IMPACT Student Commissioners serving on the Recreation and Community Services Commission receive a stipend of $50 for each Commission meeting attended. RECOMMENDATION Staff recommends that Council review the submitted Student Commission application(s), accept nomination(s), appoint the selected individual(s) to the Parks and Community Services Commission and adopt Resolution No. 2015-090, entitled, "A Resolution of the City Council of the City of Baldwin Park Appointing Qualified Students From Three Baldwin Park High Schools To The Recreation & Community Services Commission Of The City Of Baldwin Park To Office Numbers 6, 7 And 8." 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 Resolution has been reviewed and approved by the City Attorney as to legal form and content. BACKGROUND Pursuant to Chapter 32 of the Baldwin Park Municipal Code and in response to the vacant seats, Office Nos. 6, 7 and 8, of the Parks and Community Services Commission, staff advertised for the period from February 2, 2015, through April 30, 2015, and again from July 16, 2015, through August 21, 2015, seeking applications from students of Sierra Vista High School, Baldwin Park High School and North Park High School, wishing to serve on a City's Recreation and Community Services Commission. The color advertisement was 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 final deadline for submission of student applications was August 21, 2015. Student Applications from all three schools have been received and a copy of each application has been provided to the department for review and to further qualify applicants. Appointment of Commissioners September 16, 2015 Page 2 Attached hereto are the Student Commissioner applications for the Recreation and Community Services Commission, Office Nos. 6, 7 and 8. Staff respectfully request that Council review the applications and determine which of the applicants, if any, they wish to appoint to the Recreation and Community Services Commission. ATTACHMENTS #1 — Applications from students of Sierra Vista High School, Baldwin Park High School and North Park High School to serve as Student Commissioners on the Recreation and Community Services Commission. #2 — Resolution No. 2015-090 (kar) ATTACHMENT NT #1 RESOLUTION NO. 2015-090 BALDWIN PARK PARKS AND COMMUNITY SERVICES COMMISSION APPOINTMENT OF STUDENT COMMISSIONERS RESOLUTION NO. 2015-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING QUALIFIED STUDENTS FROM THREE BALDWIN PARK HIGH SCHOOLS TO THE RECREATION & COMMUNITY SERVICES COMMISSION OF THE CITY OF BALDWIN PARK TO OFFICE NUMBERS 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, A Notice of Vacancies on the Recreation and Community Services Commission 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 August 12, 2015; and WHEREAS, the City Council desires to fill Office Numbers 6, 7 and 8 with qualified students from Sierra Vista High School, Baldwin Park High School and North Park High School; and 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 appointment of student commissioners, in office numbers 6, 7 and 8, are permitted to serve a period of one year, with the term expiration date of June 30, 2016. Section 2. With the advertisement of the existing vacancies, applications were received and presented to the City Council for consideration to appoint one student from each high school to the Recreation & Community Services Commission as Student Commissioners serving in 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: OFFICE NUMBER COMMISSIONER ENDING Joann Watkins incumbent June 30, 2016 �.� ....ww.. ....� 2 .. Saul Barrientos June 30, 2016 _ 3 (mcum nt Arecelia Avila..... w. 20_... June 30, 16 4 .. Ana Luian(incumbent)-June 30, 2016 _.2016 5 Leslie Brito June 30, � ................_ 6Sierra _(incumbent)y� mm Vista H. S. Student June 30, 2016 .,. .... ... 7 Baldwin Park H.m, S. Student June 30, 2016 8 North Park H. S. Student June 30, 2016 Resolution No. 2015-090 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 Recreation and Community Services Commission Secretary PASSED, APPROVED and ADOPTED this 2nd day of September, 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 2015-090 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 September 2, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA, CITY CLERK ATTACHMENT #2 BALDWIN PARK PARKS AND COMMUNITY SERVICES COMMISSION STUDENT APPLICATIONS CITY OF BALDWIN PARK RECREATION / COMMUNITY SERVICES STUDENT COMMISSION INFORMATION FORM S� Name o f High' c h-�-o' oo�I n! r -A00 nOIRIT . . . .. . ............ . PERSONAL INFORMATION: [To be completed by Student) Narne Residence Address_ -,--a Aedv-)Lk I-AUJ-14, Z-06 Age; Date of Birth; Social Security # Home Phone No,-(-41—�41 Message Phone E -mall address:— Grade: -.__..--I -------I— Graduation Year: )011L Name of Parent(s) or Guardian(s)- Student lives with: ( 4Both Parents [ ] Mother [ ]Father [ ] Guardian Person to Gall In case of Phone No.: Date J) --I'sh 1,nfv ,3ture ParenVGUaf i Slg I (UrG Appointment Re -Appointment Date: .. ... _. . .......... . . . . ........... . . .......... . . ('0111ments, cc, [ ] Personnel Department Recreation Director Recreation Secretary RECEIVED MAR 2 3 2015 C17Y OF BALDWIN PARK CITY CLERKS DEPARTMENT Student's Name,. ........ V .... ��.�,��1� Name of ScitooC_�_ !t a ttl Graduating Class l Home Address_ ___' Home Phone Note to Principal: Please provide a written letter of recommendation for the above named student, Date; Principal's Signature March 20, 2015 "Horne of the Dons" 3600 North Frazier Street - Baldwin Park, CA 91706 (626) 960-7711 - Fax (626) 856-1050 To Whom It May Concern, Jackie White Principal Alma Canal Assistant Principal Eric Lopez Assistant Principal Claudia Salazar interim Assistant Principal Doug Watt ASB Director It is a pleasure to write this letter of recommendation for Ms, Luz Mercado. Currently, Luz is the top 111n grade student at Sierra Vista High School. In addition to being a top scholar, Luz is highly involved in a variety of activities which indicate her leadership and organizational skills. She has been an officer in five clubs on campus, including our IDEAS club, which is dedicated to helping undocumented students obtain entrance to college and access to financial aid. Community involvement and assisting others have been consistent themes in Luz' academic career. She serves in the church as a catechist assistant, helps with local charities, volunteers as a tutor in the school math center, and even helps decorate floats for the Rose Parade. Luz has my most enthusiastic recommendation to be a Recreation/Community Services Student Commissioner for the City of Baldwin Park, Sincerely, ,I A. '"Flute Principal BALDWIN PARK UNIFIED SCHOOL DISTRICT alit" V11to Hloe bbu*I is squalled to Mo polloyM*1411 peep* *poll hors flail cecoss to plosnmo *odfos11MOSIU1Moat rosord to ops, color, ere*d, nouw rl or *Male *dpfo,troa�fe*p, r�eo,nllsfsa V 0419*r. DECEIVED LIAR 12 1015 CITY OF BALDWIN PARK CITY OF BALDWIN PARK RECREATION 1 COMMUNITY SERVICES CrrY CLERKS DEPARrmENT STUDENT COMMISSION INFORMATION FORM "at t+nIL— k Name of Highhool PLLAUk Patna i PERSONAL INFORMATION: To be com leted _ m by Student) ��­ Residence 'fir.., r � �' Age:.,,,,,7� •_•_, Date of Birth,,— Social Security # Home Phone hto. Message Phone tda. w,. _W,_• E-mail address:— �- i, YYl ............ ��� a� Grade: Graduation 'Y�rar: � .. 0L Name of Parents) or Guardian(s). Vg�f,� Ria" YV L a.: t - . Student lives with: [ Jl Both Parents [ ] Mother [ )Father [ ] Guardian Person to call in case of -••• Phone No,: gate r tuq�Wn N Signature 5arenVGt'p rdian Signature Appointment late:,,,„ Re -Appointment a )ate: Comments: cc: [ ] Personnel Depaifinent [ ] Recreation Director [ ] Recreation Secretary 3900 North Puente Avenue Anthony M. Ippolito, Principal Baldwin Park, CA 91706 Jose Cuevas, Assistant Principal Phoney (626) 960-5431 Gayle Morganstern, Assistant Principal Faxt (626) 656-4069 Fred Swift, Assistant Principal www.bpbraves.net Holly Farrell, ASB Director March 12, 2015 City of Baldwin Park 4100 Baldwin Park Boulevard Baldwin Park, CA 91706 Dear City Council Members: It is with enthusiasm to submit this letter of reference for Ms. Madeline Gutierrez who is applying for the position of Student Commissioner with the City of Baldwin Park. Presently, Madeline is in her junior year at Baldwin Park High School. l have had the pleasure, of knowing. Madeline for the last 3 years in my role as Principal at Baldwin Park High School, It is my pleasure to share with you the accomplishments of Ms. Madeline t.::iutierrez. Madeline is a high performing student who maintains a rigorous academic schedule. She is an active participant in numerous school clubs and organizations and also gives time to her community. On an academic level, Madeline maintains a 3.97 cumulative GPA. She is enrolled in several college prep courses. Madeline is a member in various clubs and organizations: AVID Club, Key Club, Adelante Club, and she is a member of the Hippocrates Circle. Further, Madeline's volunteer experience includes: Rose Float decorating, Box for Troops, Run or Dye, care packaging, Christmas gift wrapping, and volunteers in the community Food Drive. Furthermore, Madeline is bilingual in English and Spanish, a quality that is beneficial for our community. Notably, Madeline is the recipient of several awards. She was the recipient of the distinguished Principal's Award, Achievement Award, and Brave Scholar Award. It is my pleasure to recommend Ms. Madeline Gutierrez, for your consideration as a viable candidate for the position of Student Commissioner for the City of Baldwin Park. Madeline is personable, intelligent, and a responsible young lady with excellent leadership qualities. If chosen, she will undoubtedly serve the community with pride, Sincerely, Mr. An htiy 'lpp ° o, Principal Baldwin Pal H1 i School (626) 960-5431 ext. 3105 (626) 705-7288 (work cell) BOARD OF EDUCATION Teresa L. Vargas, President Chrlstlno lvicero, Clerk/Vice President • Carlos Lopez, Member a Blanca Estela Ruble, Member I Jack B. Dr. Paul Sevlllano, Superintendent of Schools DECEIVED PLEASS A7rT i CITY OF BALDWIN PARK FI:i ;-a 20� " F ` APPLICATION FOR CITY COMMISSION CITY FI tt�f.�tltf�I,�ra�c ,LIT't" SILL And trM CITti" INT OLI P61 Ib �r' STATEMENT OF QUALIFICATIONS 5�tyt�evt.-k- Co o ._IT�.,.. FOLLOWING COMMISSION; �. � ne+' APPLICATION IS FOR THE FO 111 tMlnisS ,. Ike aifx aatea#1oil aortt1I)ls1or. PERSONAL INFORMATION: Residence Address,.. .._W-1�-,_- r� Y �. �. 1�. _..........p Length of time at this Address: S Vm. E-mail address:_ .IT_ N r 1t Home Phone No., . _ . .. m., Cell/Message Phone No._ �4-t�,—­........'.— Are you 18 years of age or older? NO Are you registered to vote in the City of Baldwin Park?__ Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and position: _..... _ ___...... EDUCATION; Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 (9 11 12 High School Graduate? StO k (p_ EMPLOYMENT INFORMATION / EXPERIENCE: REFERENCES: Please provide the names of two (@) 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 automatic bar to appointment. Each case Is considered on Its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?WQ_ If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon filing, this application becomes a public record, I certify under penally of perjury under the laws of the State of California that the foregoing Is true and correct. Date _ Signature UU _.._..i. �' " p Cnrt°a1k 10 tN�9 Llltci�er Li rOi Residency� .. .� �. verification; (.....) Yes El No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: E) Yes ❑ No Date; ......... Appointment date: „ Residency verification: 0 Yes ❑ No Date,.--- .... Term expires: - Name--M.a l Commission Requested:_ JC Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. �.. 19etty T VV,QV1A--J-0e,-- chla Ufa.. Me ar r I'llr 1 �L d `tte r t lni oars Cate:,,, Signature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be Included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. RECEIVED CITY OF HALDYWIN PARK MAR 12 2015 RECREATION / COMMUNITY SERVICE STUDENT COMMISSION INFORMATION I TIONV FOR CITY CLERKS BALDWIN K DEPARTMENT �M� CITY ta"E1K!31 [To be tmpWO by dont) w rvw: gate of l�#rin: _. � social seauity � Home Pitons N PhoneE- mail Name of Pla mnt(a) arDea Idl anB :.... 1 s cadent H~ wHh: [ 4 loth Pets [ l Wtfw . C i r C r Guardian Pemon io oaU to ame of t a+nuy:. phone No-- .date �_�.�." ire ftedto_ x Appointment Date: co: [ 2 IlermimdDeIminmit [ ] Recreation Director [,jR=wfion$wmtsry $ aaiawin rarK, t -f+ Y i i vo Phone] (626) 960-5431 Fax: (626) 856-4069 www.bpbroves.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. Yareli Martinez who is applying for the position of Student Commissioner with the City of Baldwin Park. Presently, Yareli is in her junior year at Baldwin Park High School. I have had the pleasure of knowing Yareli for the last 3 years in my role as Principal at Baldwin Park High School. It is my pleasure to share with you the accomplishments of Ms. Yareli Martinez. Yareli is a high performing student who maintains a rigorous academic schedule. She is an active participant in numerous school clubs and organizations and also gives time to her community, On an academic level, Yareli maintains a 4.3 cumulative GPA. She is enrolled mostly in advanced placement courses. Yareli is a member in various clubs and organizations: AVID Club, California Scholarship Federation (CSF), National Honor Society, Cafe Culture Club, she is the editor of the Key CIub Bulletin, and is the current Key Club Treasurer. Further, Yareli actively volunteers at her church, Morgan Park, and at the Baldwin Park Teen Center. She was the MAPS College Fair organizer, and volunteers as a math tutor at Baldwin Park High School. Furthermore, Yareli is bilingual in English and Spanish, a quality that is beneficial for our community. Notably, Yareli is the recipient of several awards. She was the recipient of the Brave Distinguished Scholar Award in 2012, 2013, and 2014. In addition, she was awarded the AVID Excellence Award in 2014, and was ranked in the top five of her class in the 2014. It is my pleasure to recommend Ms. Yareli Martinez, for your consideration as a viable candidate for the position of Student Commissioner for the City of Baldwin Park. Yareli is personable, intelligent, and a responsible young lady with excellent leadership qualities. If chosen, she will undoubtedly serve the community with pride. RECEIVED �� rAw� CITY OF BALDWIN PARK + 1a r� NT Co �r rw ' APPLICATION FOR CITY COMMISSION FEB;,2 �� AINIT.IILL ANO .°YO And CITY OFL3Al OW1N PARK 10 STATEMENT OF QUALIFICATIONS cmrcL�lt1<s DEPARTMENT _....IO APPLICATION IO huff FORTHE s eel i' ,fora....... FOLLOWING COM ..,.... or each c prrrrll PERSONAL INFORMATION; Name \A Nv .... Residence Address---- Length of time at this Address: E-mail address:__ Home Phone No J" • Cell/Message Phone Are you 18 years of age or older? w . __„t,�.o. m..., Are you registered to vote in the City of Baldwin Park? N o Do you currently serve as an elected or al If fres, name of agency and posll EDUCATION: Circle Highest grade you completed: 1 2 officlal for any board and/or agency within the City of Baldwin Park? ALO - 3 4 5 6 7 8 9 10 1'1-\ 12 High School Graduate? mm b G.E.D.? EMPLOYMENT INFORMATION I EXPERIENCE: REFERENCES: Please provide the names of two (@) 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 automatic bar to appointment. Each case is considered on its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? ,y C If yes, Please Ilst all offenses, date and place of offense(s), and sentencelfine received: Z-1-`:_ Date Residency verification: ❑ Yes ❑ No Date: Residency verification: ❑ Yes ❑ No Date: Residency verification: 0 Yes ❑ No ACKNOWLEDGEMENTMERTIFICATION: I understand that upon fling, this application becomes a publlc record. I certify underpenaltyof perjury under the laws of the State of California that the foregoing Is truo and correct. Voter Registration Verification: ❑ Yes ❑ No Appointment date: Term cxoims: Mr6ok r $fit eS i m., r. _ _ r . _ .'r� _.G�n+��?V._. � ,.� _ _w � Q � i .' . ,5'{�S cl�,v�". {.�,rti.w►i�s�`����° y CNN ��r w � .1•� ,.I,w 1��w ......�'�`-�S,C✓'�" 'y�,� +�^.'��r,�.� �.�"�f�,,`�J^�,.,, 4t.� 'Y f"w.:c��'��J",�1,%�1 .. nb.�lti�2%t�., _5_}�1,oCrr�rc �ar►�iS1an _ ".� _ __� CITY OF BALDWIN PARK RECREATION / COMMUNITY SERVICES STUDENT COMMISSION INFORMATION FORM A>e-L�- 64� Name of High School FLt:Ast; VKIN t PERSONAL INFORMATION: [To be completed by Student) Narras w Residence Address. Age: Date of Birth: Social Security # Home Phone No. 6 -kg Messa a Phone No,."- E-mail o,, E -mall address:__ ©fit Grade: „ W__W__� Graduation "dear; Name of Parent(s) or Guardlan(s) Date Appointment Cate: Re -Appointment cc: [ ] Personnel Department [ ] Recreation Director [ ] Recreation Secretary Student lives with: j I Both Parents { ] Mother [Father [ ] Guardian Person to call In case of Phone No.: Date Appointment Cate: Re -Appointment cc: [ ] Personnel Department [ ] Recreation Director [ ] Recreation Secretary �orth ParHigh School Vince Pratt, Principal Clara Evans, Assistant Principal Continuation and Alternative Education Programs 4600 North Bogart Avenue, Baldwin Park, California 91706 Phone: (626) 337-4407 Fax: (626) 856-4402 To Whom It May Concern, Anthony Grijalva, , was transferred to North Park High School during the 2014-2015 school year. That was his Junior year and I am pleased to confirm he is on track to graduate early as a Senior. He passed both parts of the California High School Exit Examination and a has a North Park GPA of 2.00. Anthony carne to our school after spending grades 9-10 at Baldwin Park High School. It is my pleasure to say the transfer was a success! He has not only accelerated his credit completion rate but he has maintained an excellent attendance record while at North Park. This is a dramatic difference from when Anthony was referred to the local charter school before arriving at North Park. Anthony has a strong desire to follow a career in the music industry. He is now thinking about the future, his graduation and his career in the field he loves. Based on my experiences with Anthony I can confirm he is a dedicated student who has matured at North Park and has learned from the mistakes of the past. He is an intelligent and well spoken young man who would be an asset to any organiztion. Please give him every consideration when consdering him for the student representative postition.. I have attached an copy of his transcript. Please feel free to contact me with any further questions. Sincerely, James C °"k North Park. Counseling (626) 856-4494 Oworick942@bpusd.net) ITEM NO. STAFF RE POR,r TO: Honorable Mayor and City Council .inembcrs FROM: Marc Castagnola, AICP, Director of ::�����injuni�ty �weveloprile r , H U B OF, r%H i DATE: September 16, 2015OU sa,s'qu� . L!� o SUBJECT: REQUEST BY MONTEBELLO HOUSING DEVELOPMEMT CORPORATION FOR AN EXTENSION OF TIME TO THE CURRENT EXCLUSIVE NEGOTIATION AGREEMENT SUMMARY To consider an extension of time to a current Exclusive Negotiation Agreement (ENA) expiring on September 18, 2015 with Montebello Housing Development Corporation (MHDC).. The current ENA with MHDC is for a proposed Affordable Housing Mixed -Use development project located at the intersection of and between Badillo Street to the south and Ramona Boulevard to the north. FISACL IMPACT There is no fiscal impact related to the consideration of an extension of time for an existing ENA. RECOMMENDATION Staff is seeking direction from the City Council to either: 1. Grant a 6 -month an extension of time, to the ENA; or, 2. Allow the current ENA to expire on September 18, 2015. BACGROUND On March 18, 2015, the City Council approved an Exclusive Negotiation Agreement (ENA) with Montebello Housing Development Corporation (MHDC) for an Affordable Housing Mixed Use Development project on the site currently used as the Metrolink commuter parking lot at the intersection of Badillo Street and Ramona Boulevard. The site also includes a red brick structure formerly a transfer station for the "Red Car" trolley line. 1. The Project: As presented to the City Council on March 18, MHDC proposed to construct four to six detached 3 -story over garage structures with a total 24 affordable residential units of 2- and 3 -bedroom of approximately 1,200 Sf. to 1,500 S£ According to MHDC, the project would target low to moderate income homebuyer. Each unit would have a 2 -car parking garage or space with an additional 0.5 guest parking space per unit. The project would also include the renovation of the former Red Car structure. The Red Car building site would be parceled out from the residential project and would serve as either a community facility, retail or office use. MHDC would retain ownership of this parcel. 2. The ENA Status: The ENA Requirements were as follows: • Period: This ENA is for 180 days (6 months) from March 18 through September 18, 2015. • Third Party Cost: MHDC is responsible for all third party costs incurred by a third party to review and provide an Montebello ENA Compliance September 16, 2015 assessment of the financial pro -forma. No third party cost was incurred during this period. • Bi -Monthly Reports: A total of three bi-monthly reports were due on April 10, June 10 and August 10, 2015. All bi-monthly reports were submitted on-time (See Attachment #1). • Alternative Project Sites: An analysis of the project feasibility on a minimum of three alternate sites was due on May 18, 2015. On May 18, MHDC submitted a Memorandum stating that three sites were evaluated, however, none were considered appropriate for development as a master planned, pedestrian -oriented mixed-use, affordable housing development with open space and public amenities. (See Attachment #2) • Financial Feasibility Prospectus: A financial pro -forma was due on June 18, 2015. Upon receipt of the financial feasibility study, staff was to forward the pro -forma to an outside third party to assess the financial feasibility of the project. On June 18, MHDC submitted a Memorandum labelled Red Car Power House Townhome (See Attachment #3). The memorandum included a cost estimate for the construction of 24 townhomes by Crane Construction. However financial information about site acquisition, renovation of the old red car building, project administration and profit, future revenues and amortization tables were missing. Therefore a third party assessment and appropriateness of the City contribution was not feasible. Staff met with MHDC on July 21 to request the information needed and MHDC stated that the financial information will be forthcoming. To date, additional financial feasibility study has not been received. • Market Feasibility Study: A Market Feasibility study was due on July 18, 2015. Included in the June 18, Memorandum previously submitted and labelled Red Car Power House Townhome; (See Attachment 43) was a general discussion of the local context. However, market data such as demographics, target tenants/buyers trends, estimated housing and commercial demand and absorption rate were missing. During the meeting with staff on July 21, MHDC also stated that the market information will be forthcoming. To date, additional market feasibility information has not been received, • Necessary Debt and Equity Financing: Information related to the amount of funds borrowed, MHDC equity and future debt service payment ability was due on August 18, 2015. On that date, MDHC submitted a Conditional Letter of Interest (LOI) from Pacific Western Bank indicating a bank interest in issuing a construction loan for 78% of the total construction cost with the land used as collateral (See Attachment #4). According to the LOI, the City land would be used as collateral and MHDC would not have equity in the project. The amount of the loan would only cover partial construction cost with a note at 5.25% interest rate and an 18 months maturity. No other financial information was provided to indicate the source of the balance of funds necessary to complete the project, what would be MHDC level of equity or MHDC long term ability to repay its debt. To date, additional debt and equity information has not been received. • Conceptual Plans: Final conceptual plans and a final project description, including information about whether there is a mix of market rate and affordable units or a mix of retail and residential square footage is not due until September 18, 2015 at the expiration date of the ENA. Montebello ENA Compliance September 16, 2015 Paee 3 3. A..dd....1.joi-ial.....Qu� During the July 21 meeting with MHDC staff, additional questions were raised such as the future status of the former Red Car building and MHDC share of equity in the project. Under MHDC proposal, the Red Car structure would be separated from the main property onto its own legal parcel and turned over back to the City due to the high renovation cost (no information was provided as to the renovation cost). In doing so, the future renovation of structure would become a greater challenge due to the building situated on a smaller parcel with reduced potential. The size of the newly created parcel would limit future commercial venture providing both a viable use and its required parking. Another question is MHDC financial plan for the project. In the information provided, the City would bear the risk of loan default by utilizing the land as collateral for the bank loan and because there is no other source of financing identified. 4. MI -1 DC ecptIcS1 101...111 1 AtelISJOrt�ol N"i RIC: During the July 21 meeting, MHDC understood the additional information needed under the ENA and indicated the desire to obtain an extension of time to the ENA. LEGAL REVIEW The City Attorney has reviewed the prior ENA. No legal review is necessary for an extension of time. ALTERNATIVES The City Council could decide not to grant an ENA extension. In such case the ENA would expire on September 18, 2015 and the City Council could pursue competing projects. ATTACHMENT 1. Bi Monthly Reports: April 10, June 10, August 10, 2015 2. Alternate Site Analysis 3. Memorandum Red Car Power House Townhome 4. Pacific Western Bank Letter of Interest fflz�� MINSIMEMKIR Memorandum To: Shannon Yauchzee, Chief Executive Officer — City of Baldwin Park CC: MHDC: Robert Monzon, Jaime Legaspi, Charles Lawrence, John Pringle City of Baldwin Park: Marc Castagnola, Robert Tafoya From: Renee M. G. Chavez, Operations Manager Date: April 13, 2015 Re: MHDC Bi -Monthly ENA Report MHDC met with Mayor ProTem Cruz Baca on April 2, 2015 for Baldwin Park Alternate Site Tour. Meeting attendees were: Baldwin Park Mayor ProTem Cruz Baca, Baldwin Park City Staff Member Marc Castagnola, MHDC Vice President, Jaime Legaspi, MHDC Operations Manager, Renee Chavez, MHDC Consultants, Charles Lawrence and William Warkentin, and banking partner ProAmerica Bank, Glen Pacheco. Due to Mayor ProTem's limited availability, tour was not provided. Alternate sites provided by Baldwin Park Staff Member Marc Castagnola. Addresses and APN numbers were not provided. General streets and landmarks were provided as information for review. Mr. Lawrence, Project Manager, drove by the sites as described by Mr. Castagnola. The sites, as described, are being reviewed for compatibility with project. Other compatible sites are being identified by MHDC Staff. MHDC has been in discussions and meeting with our lending partners regarding the development in Baldwin Park. All lending partners are excited about the possible development and working with MHDC and the City of Baldwin Park. Outreach plan is pending final site selection. If you have any questions, please feel free to contact me. Thankyou! ."_UI f C 1619 Paramount Boulevard - Montebello,California 90640 Non -Profit Copou, LeM_ W67MATO M AM] I To: Shannon Yauchzee, Chief Executive Officer — City of Baldwin Park CC: MHDC: Robert Monzon, Jaime Legaspi, Charles Lawrence, John Pringle City of Baldwin Park: Marc Castagnola, Robert Tafoya From: Renee M. G. Chavez, Operations Manager Date: June 10, 2015 Re: MHDC Bi -Monthly ENA Report MHDC's Architect has put together a 3 -story design for the development in response to the concerns of Councilmember Garcia and for the Market Feasibility Study that is required under the ENA. MHDC has mailed out a survey on the project to 250 residents in Baldwin Park and is awaiting responses. Outreach plans continue to be fine tuned based on responses and conversations with community stakeholders. MHDC continues discussions and meeting with our lending partners regarding the development in Baldwin Park. All lending partners are excited about the possible development and working with MHDC and the City of Baldwin Park. They have requested a DDA in order to process letters of interest for the development. If you have any questions, please feel free to contact me. Thank you! 01=1111011171"U11.1.1 .'.1 x Memorandum Baldwin Dark Red Car Development July 8, 2015 To: Shannon Yauchzee, Chief Executive Officer — City of Baldwin Park CC: MHDC: Robert Monzon, Jaime Legaspi, Charles Lawrence, John Pringle City of Baldwin Park: Marc Castagnola, Robert Tafoya From: Renee M. G. Chavez, Operations Manager Date: August 10, 2015 Re: MHDC Bi -Monthly ENA Report MHDC is working with its Consultants, GRC Associates, Inc. with information from Crane Development Corporation and our Architect, William Warkentin, to revise the information required for the Financial Feasibility Prospectus and Market Feasibility Study as requested by Baldwin Park Staff at our meeting on July 21, 2015 with MHDC's Development Team. MHDC has received limited responses to the survey mailed to the 250 residents in Baldwin Park. Outreach plans continue to be fine tuned based on responses and conversations with community stakeholders. MHDC continues discussions and meeting with our lending partners regarding the development in Baldwin Park. All lending partners are excited about the possible development and working with MHDC and the City of Baldwin Park. Letters of Interest are being prepared. If you have any questions, please feel free to contact me. Thank you. Alternate Site Analysis M'11DC 1619 90640 /f �/ / r A Non-Profit Corporation www.MHDCCA.org To: Shannon Yauchzee, Chief Executive Officer — City of Baldwin Park CC: MHDC: Robert Monzon, Jaime Legaspi, Charles Lawrence, John Pringle City of Baldwin Park: Marc Castagnola, Robert Tafoya From: Renee M. G. Chavez, Operations Manager Date: April 13, 2015 Re: ALTERNATIVE PROJECT SITES ALTERNATE SITES ANALYSIS MHDC's Project Manager conducted several drive bys in Baldwin Park to review the sites that were verbally provided by Marc Castagnola, Director of Community Development, at the meeting of May 2, 2015 pending the a written list. MHDC secured additional locations of available properties from our Title Company and performed visual inspections of several sites of sufficient size and ownership. On May 6, 2015, a written list was provided by Mr. Castagnola and was compared to the sites previously reviewed. MHDC looked for sites that where a similar project could be developed that were close to downtown, that were of sufficient size to support at least 24 units and that were in essentially residential neighborhoods in character or in designated mixed use areas. A total of ten sites were reviewed, three of which were of sufficient size to be acceptable. Subsequently, three selected sites were re-examined and researched on the LA County Assessor's data base for any additional information on the properties. The first is a group of four parcels on the east side of Pacific approximately 6 blocks from City Hall and the Metro Link station that scales off the Assessors maps at approximately 3 acres. Ownership of the parcels is unknown. ," Baldwin Park Red Car Project "" "d"'�d "°' Alternative Project Sites - Page 2 The second is located on Arrow Highway between Calmview and Lante St. and is owned by the Valley County Water District. The 2.1 acre site is sufficiently large but is surrounded by heavy industry and is far from the Metro Link line. Its adjacent uses render it wholly unacceptable for residential development. The third site is located in the central commercial core and was listed a vacant parcel, when in fact it is a fully developed site with active commercial businesses that would have to be bought, vacated and demolished in order to develop as a residential project and has a land and improvements valuation of $2,797,578. For the reasons cited above, none of the sites are considered appropriate for development as a master planned, pedestrian -oriented mixed-use, affordable housing development with open space and public amenities. If you have any questions, please feel free to contact me. Thankyoul i, � � � i i a'. � f ', � / To: Shannon Yauchzee, Chief Executive Officer — City of Baldwin Park CC: MHDC: Robert Monzon, Jaime Legaspi, Charles Lawrence, John Pringle City of Baldwin Park: Marc Castagnola, Robert Tafoya From: Renee M. G. Chavez, Operations Manager Date: June 16, 2015 Re: MHDC Financial Feasibility Prospectus and Market Feasibility Study MHDC's Consultants, GRC Associates, Inc. with information from Crane Development Corporation and our Architect, William Warkentin, have put together both the Financial Feasibility Prospectus and the Market Feasibility Study for the Baldwin Park Red Car Development in response to the requirement of the ENA sections 3.1). and 3. E. With this submission, MHDC's next reporting will be the Bi -Monthly Report on August 10, 2015. If you have any questions, please feel free to contact me. Thankyoul URBAN PLANNING Memorandum SUSTAINABLE To: Mr. Robert Monzon, Jaime Legaspi COMMUNITIES Montebello Housing Development Corporation Robert G. Vasquez, John Oshimo HOUSINGFrom: Date: June 15, 2015 ECONOMIC Subject: Red Car Power House Townhomes — 24 Units DEVELOPMENT Baldwin Park, CA ENVIRONMENTAL Introduction The Montebello Housing Development Corporation ("MHDC") and the City of Baldwin Park entered into an Exclusive Negotiation Agreement ("ENA") regarding the 1.5 -acre site located at the intersection of Ramona Boulevard and Badillo Street ("Project"). MHDC is proposing to build 24 townhome units on the Project site. MHDC contracted with GRC Associates, Inc. ("GRC") to provide an opinion regarding the market and economic feasibility of the proposed Project. MHDC provided site plan drawings and elevations, prepared by Warkentin Architects, for review. In addition, Crane Development Corporation prepared cost estimates based on Warkentin's drawings to MHDC. GRC Associates, Inc. ("GRC") reviewed the information provided by MHDC, 858 Oak Park Road and also identified key issues. It should be noted that this is an initial review Suite 280 and that additional information may be needed to provide a more thorough assessment of the proposed housing project. Covina, CA 91724 Project T: (626) 331-6373 The proposed project consists of 24 townhome units. There are six buildings F: (626) 331-6375 with each building having four townhome units. All units are three-bedroom, two -bathroom units. (Please see Appendix A, Figure 1, which shows the proposed site plan.) Red Car Power House Townhome Project Memorandum June 15, 2015 Page 2 The units are planned to average 1,565 square feet of living area, 596 square feet for garage space and each will have an 87 square foot deck. These unit sizes are typical for this product type. Other amenities planned include a veteran's memorial garden and adult recreation areas. The area where the red car power house is located is planned to have a plaza, small office and training room. Approximately, 1.5 acres are planned for the 24 -unit project, which averages 16 units per acre. The Project site is currently being used as a Metrolink Parking lot. Nearby uses include residential, commercial, industrial and public land uses. (Please see Appendix A, Figures 2-12, which show all of these uses nearby.) Pro ect Revenues Market Value GRC reviewed the current real estate market in Baldwin Park. Based on GRC's research the following key figures were identified: Vacant Land Sales: GRC reviewed vacant land sales in Baldwin Park over the past year. There were relatively few land sales. Most sales were residential land sales ranging from $17 to $40 per square foot. (Please see Appendix B, Table 1.) • Townhome-Condominium Sales: GRC gathered all condominium sales within the past six months in Baldwin Park. There were 17 condominiums that sold for an average price of $318,412. (Please see Appendix B, Table 2.) • male -Family Home Sales: During the past six month there have been 111 single family home sales. Out of these, 65 sales were for three-bedroom homes, which sold for an average price of $353,362. (Please see Appendix B, Table 3.) • Retail Building _Sales: Per First American Title over the past year there were just three sales of retail buildings. (Please see Appendix B, Table 4.) • Industrial Building Sales: During the past year there were 22 industrial properties that sold in the City of Baldwin Park. (Please see Appendix B, Table 5.) Based on GRC's research above, the subject site would have the most success with a multi - home residential sales project. The retail sector is weak within the subject site area's neighborhood. There are no credit retail tenants within the vicinity of the Project site. The nearest retailers consist of a barber shop, auto body shop and cabinet manufacturer/sales business. And, extending industrial uses to the prime Ramona-Badillo corner would most likely not be desired by nearby residents. Red Car Power House Townhome Project Memorandum June 15, 2015 Page 3 Project costs were reviewed. (Please see the development budget prepared by Crane Development Corporation in Appendix 2 for the townhome Project on the site.) Crane's total cost figures for the project are summarized below. Prolef_os Cost Per LLWit Per gip. ft._ Total Costs $7,305,832 $304,410 $122.04 (GSF) The costs are based on standard wages. If prevailing wages were to be used, costs would be significantly higher. Based on GRC's research, Crane's Project costs were reasonable. Based on the current market for townhomes in Baldwin Park, GRC estimated that the units would be able to sell at market levels for $350,000. As stated above, an average three- bedroom home has sold for approximately $318,000 during the past six months. A new, larger townhome could reasonably sell for $350,000, based on current market conditions. Residual land Value — Market Value — Standard Was, Total revenues are estimated at $8.4 million for the 24 -unit Project. Assuming construction costs at approximately $304,000 per unit, would result in total costs of $7.3 million. Revenues less land would result in a residual land value of $1.1 million — based on market conditions for construction and sales. (Please see Table 6.) If prevailing wages were required, Project costs could increase significantly, above market sales pricing. Crane Development Corporation estimated construction costs would be $370,000 per unit, resulting in costs well above revenues of $350,000 per unit. If prevailing wages were required, City would need to give land and also provide additional monetary subsidy. (Please see Table 7.) This scenario is highly unlikely, since most cities do not have these types of funds to provide to developers. All above scenarios assume that the townhomes are sold for $350,000. If City of funding source requires sales to be at a lower price, to accommodate a certain level of income (for example), then the land value may be less and/or additional subsidies would be needed. The analysis also assumes that City would approve the number and type of development proposed by MHDC. 4';14101:4 a Red Car Power House Townhomes RC Associates, Inc. .Rr rr 4�1 W Illy it 91 U 4�1 W it 91 U y '� ai Ln O Ln L a L 3 � a m u M a� ac v u EE O 4-0 �L a u C 4-1 C M m O w Appendix 6 Red Car Power House Townhomes Report Tables GRC Associates, Inc. June 2015 Table 1 Vacant Land Sales (Last Year) City of Baldwin Park Source: First American Title Company, May 2015 Zone Sales Lot Price Num. Address or Parcel No. Use Code Desc. Code Price Sq. Ft. Sq. Ft. Sale Date Parcel Num. 18413-013-025 Vacant Res Bprl* 950,000 55,958 17 2/7/2014 8413-013-025 2 15110 Badillo St Vacant Res Bpr3* 17,002 9/26/2014 8438-001-019 15120 Badillo St Vacant Res Bpr3* 8.512 9/26/2014 8438-001-020 Total Lots 1,022,100 25,514 40 3 8438-015-037 Vacant Res Bpr3* 45,733 9/26/2014 8438-015-037 14833 Pacific Ave Vacant Res Bpr3* 22,494 9/26/2014 8438-015-043 14839 Pacific Ave Vacant Res Bpr3* 48,022 9/26/2014 8438-015-047 Total Lots 3,850,000 116,249 33 4 4112 Harlan Ave Vacant Res B r1* 155,000 4,938 31 9/16/2014 8546-014-018 5 3913 Stewart Ave Vacant Res Bpr3* 330,000 18,025 18 9/22/2014_8553-006-021 6 15250 Arrow Hwy Vacant Com Bpi* 2,375,000 91,706 26 6/26/2014 8413-006-021 7 4230 Elton St Vacant Com Bpi* 97,000 4,952 20 3/4/2014 8437-016-013 8 14614 Dalewood St Vacant Com B cm* 375,000 19,128 20 3/7/2014 8463-001-007 Source: First American Title Company, May 2015 Table 2 Condominium Sales Prices (Last Six Months) City of Baldwin Park Bed- Bath - Sale Price Year Num. Address Rooms RoomPool StoriesPrice Sq Sq Ft Sale Date Parcel Num. Built. 1 �"'" 440 Walnut 5t 2 zO8000 782 266 4/21/2015 8546 025-036 983 2 4304 Walnut St 1 1 172,000 750 229 11/7/2014 8546-025-066 1985 mm 1 """" 13709 Los Angeles St 2 3 268,000 1,144 234 055 11/13/20148542-008-0 1981 2 Merced Ave 2 1 250,000 1,142 219 12/16/2014 8542-008-100 1981 3 4417 Merced Ave 2 1 150,000 1,142 131 3/17/2015 8542-008-103 1981 4 641 Park Shadow Ct 2 2 244,000 1,048 233 11/21/2014 8544-017-116 1985 5 441 Park Shadow Ct 2 2 249,000 872 286 4/27/2015 8544-019-062 1987 6 353 Park Shadow Ct 2 2 225,000 870 259 1/26/2015 8544-019-106 1988 7 344 Park Shadow Ct 2 2 255,000 870 293 2/26/2015 8544-019-115 1988 8 341 Park Shadow Ct 2 2 240,000 872 275 4/28/2015 8544-019-116 1988 9 366 Park Shadow Ct 2 2 265,000 872 304 1/14/2015 8544-019-120 1988 10 396 Park Shadow Ct 2 2 257,500 872 295 11/5/2014 8544-019-129 1988 11 4000 Stewart Ave 2 2 265,000 1,162 228 1/21/2015 8544-028-069 1988 12 13334 Ramona Pkwy 2 3 300,000 1,423 211 1/30/2015 8546-002-061 1981 13 13346 Ramona Pkwy 2 3 285,000 1,417 201 4/21/2015 8546-002-067 1981 14 13408 Ramona Pkwy 2 3 285,000 1,397 204 12/18/2014 8546-003-024 1981 15 13422 Francisquito Ave 2 3 275,000 963 286 4/17/2015 8551-019-051 1984 16 13525 Tracy St 2 2 255,000 1,001 255 2/20/2015 8551-020-078 1982 17 13514 Francisquito Ave 2 3 Y 260,000 1,171 222 3/11/2015 8551-020-141 1983 18 13303 Waco St 2 2 255,000 929 274 1/30/2015 8551-021-077 1985 19 13303 Waco St 2 2 235,000 965 244 12/1/2014 8551-021-126 1985 20 13303 Waco St 2 2 266,000 923 288 3/19/2015 8551-021-130 1985 21 13434 Tracy St 2 3 271,100 955 284 11/25/2014 8551-022-098 1984 22 3863 Kenmore Ave 2 3 245,000 1,107 221 4/14/2015 8552-012-067 1980 23 13974 Francisquito Ave 2 2 250,000 936 267 2/4/2015 8558-023-060 1984 1 14636 Via EI Camino 3 2 2 386,000 1,483 260 12/24/2014 8415-004-048 1986 2 1686 Puente Ave 3 2 270,000 1,195 226 2/5/2015 8463-021-039 1973 3 13415 Benbow St 3 3 385,000 1,591 242 2/20/2015 8535-013-024 1986 4 13850 Ramona Pkwy 3 3 324,000 1,478 219 1/30/2015 8544-015-031 1983 5 206 Park Shadow Ct 3 3 308,000 1,155 267 3/31/2015 8544-017-160 1987 6 4329 Center St 3 2 1 240,000 1,128 213 12/26/2014 8546-024-031 1984 7 13724 Ramona Pkwy 3 3 315,000 1,504 209 4/23/2015 8546-030-142 1982 8 3701 Summer Ln 3 3 315,000 1,293 244 4/24/2015 8551-009-077 1989 9 12828 Ramona Blvd 3 2 285,000 1,057 270 1/27/2015 8551-010-071 1983 10 13508 Francisquito Ave 3 3 297,000 1,325 224 2/23/2015 8551-020-102 1983 11 13502 Francisquito Ave 3 3 300,000 1,344 223 2/5/2015 8551-020-109 1983 12 13513 Tracy St 3 3 330,000 1,342 246 1/15/2015 8551-020-206 1984 13 13507 Tracy St 3 3 325,000 1,342 242 12/17/2014 8551-020-213 1984 14 13028 Parkview Dr 3 3 388,000 1,458 266 4/28/2015 8551-023-024 1987 15 Foster Ave 3 3 360,000 1,538 234 12/10/2014 8552-026-009 1989 16 3221 Vineland Ave 3 3 2 230,000 1,168 197 4/8/2015 8555-013-093 1984 17 1614 Via Rosa 3 3 355,000 1,606 221 3/11/2015 8558-021-026 1985 1 3618 Barnes Ave 4 3 285,000 1,441 198 4/21/2015 8551-010-194 1984 2 13362 Tracy St 4 3 465,000 2,136 218 3/13/2015 8551-021-142 1991 3 3910 Baldwin Park Blvd 43 410,000 2,030 202 12/2/2014 8553-013-063 2002 -All Condos 204 w.._..__.......... _..... 23 Average - 2 Bedroom Condos 254,374 1,046 248 42,039 1984 17 Average - 3 Bedroom Condos 318,412 1,353 235 42,051 1984 3 Averase - 4 Bedroom Condos 386,667 1,869 206 42,055 1992 Source: First American Title Company, May 2015 Table 3 Single-Famlly Sales Prices (Last Six Months) City of Baldwin Park Bed- Bath- Sale Price Sale Lot Year Num. Address Rooms Rooms Doral Stories price Sq. Ft. Sq. Ft. Date S Ft. Parcel Num Built 1 3528 Baldwin Park Blvd 1 1... 1 380,000 704 539.8 4/15/2015 10,248 8555-002-022 1952 2 3337 Mangum St 1 1 1 300,0W 892 336.3 11/14 2014 10 328 8556-011-002 1939 1 14847 Nubia St 2 2 360,0W 1,168 308 3/19/2015 5,013 8414-003-037 1960 2 4157 Walnut St 2 2 1 370,000 1,151 321 12/22/2014 5,646 8545-OD7-019 1909 3 4011 Harlan Ave 2 2 1 360,000 1,504 239 4/211/2015 12,158 8546µ016-024 1925 4 3314 Patrittl Ave 2 2 1 300,000 1,198 250 4/22/2015 5,832 8550-008-004 1952 5 13143 Emery Ave 2 2 1 300,000 1,136 264 3/4/2015 7,062 8551-003-µ032 1948 6 3840 Bresee Ave 2 2 1 300,000 980 306 12/30/2014 5,573 8553.005-023 1928 7 14518 California Ave 2 1 1 307,000 898 342 12/1/2014 6,768 8414-008-033 1928 8 4137 Puente Ave 2 1 289,,000 936 309 11/10/2014 9,553 8437-015-009 1926 9 3834 Puente Ave 2 1 1 310,000 845 367 4/9/2015 4,658 8438-006-059 1950 SO 15138 Navilla PI 2 1 1 280,000 920 304 3/23/2015 5,536 8438-008-019 1950 11 15131 Howellhurst Or 2 1 1 310,000 812 382 12/17/2014 5,822 8438-009-052 1951 12 14139 Chilcot St 2 1 1 350,000 948 369 1/8/2015 5,285 8536-010-004 1953 13 4903 Landis Ave 2 1 1 340,000 876 388 4/29/2015 6,293 8536-021-022 1950 14 4902 Landis Ave 2 1 1 255,000 1,008 253 11/14/2014 6,233 8536-025-018 1950 15 5125 La Rica Ave 2 1 1 310,000 830 373 4/3/2015 5,305 8536-032-028 1956 16 4427 Stewart Ave 2 1 1 328,000 833 394 4/15/2015 6,082 8542-019-003 1947 17 14018 Olive St 2 1 1 266,000 720 369 3/18/2015 6,437 8543-001-004 1949 18 4420 Benham Ave 2 1 1 290,000 782 371 3/20/2015 7,225 8543-009-015 1952 19 14102 Rockenbach St 2 1 1 330,000 810 407 3/25/2015 6,796 8543-029-001 1949 20 4342 Baldwin Park Blvd 2 1 1 327,000 804 407 4/24/2015 5,3418544-013-006 1949 21 4135 Bresee Ave 2 1 1 330,000 886 372 2/20/2015 6,718 8544-036-012 1949 22 3907 Walnut St 2 1 Y 1 350,000 760 461 11/17/2014 4,525 8546-008-050 1949 23 3263 Syracuse Ave 2 1 1 349,500 1,180 296 12/10/2014 6,117 8550-007-006 1949 24 13183 EmeryAve 2 1 315,000 882 357 2/27/2015 5,707 8551-001-059 1958 25 3635 San Gabriel River Pkwy 2 1 1 337,000 856 394 11/19/2014 4,892 8551-011-075 1957 26 3727 Monterey Ave 2 1. 1 294,000 858 343 12/17/2014 5,2018552-009-040 1959 27 14037 Rockway Dr 2 1 1 339,000 968 350 3/31/2015 5,362 8555-014-004 1957 28 3203 Feather Ave 2 1 1 315,OOD 856 368 11/3/2014 5,085 8555-015-006 1957 29 13084 Waco St 2 1 1 310,000 808 384 12/3/2014 8,739 8556-011-028 1948 1 4141 Monterey Ave 3 3 1 378,000 1,805 209 3/23/2015 9,034 8546.007-072 1978 2 4947 Downing Ave 3 2 395,000 1,487 266 3/12/2015 5,880 8414-013-079 1986 3 16016 Calle De Paseo 3 2 1 425,000 1,592 267 1/2/2015 7,590 8417-031-038 1955 4 3850 Willow Ave 3 2 1 392,000 1,485 264 1/15/2015 5,036 8438-008-041 1950 5 3752 Millbury Ave 3 2 1 395,000 1,346 293 3/10/2015 6,199 8438-022-043 1951 6 14868 Stockdale St 3 2 1 395,000 1,427 277 1/14/2015 6,683 8438-024-056 1961 7 13913 Clearcrest Dr 3 2 1 340,000 1,511 225 4/29/2015 5,323 8535-003-030 1955 8 5009 Bresee Ave 3 2 1 375,000 1,216 308 4/22/2015 7,189 8535-004-033 1963 9 13440 BenbowSt 3 2 1 347,000 1,458 238 3/19/2015 7,112 8535-015-037 1960 30 4413 Hornbrook Ave 3 2 Y 1 439,000 1,590 276 4/9/2015 6,557 8535-019-002 1951 11 4908 Benham Ave 3 2 1 345,000 1,040 332 12/31/2014 6,904 8536-003-039 1962 12 5035 Wimmer Ave 3 2 1 402,000 1,246 323 3/16/2015 7,157 8536-018-049 1949 13 13681 Benwood St 3 2 1 370,000 1,303 284 12/23/2014 6,102 8542-001-001 1967 14 4768 Bresee Ave 3 2 1 360,000 1,364 264 12/11/2014 5,024 8542-015-023 1964 15 14052 Rockenbach St 3 2 Y 1 345,000 1,407 245 3/3/2015 6,647 8543-008-026 1947 16 4231 Jerry Ave 3 2 Y 1 222,000 1,343 165 1/29/2015 7,333 8544-002-018 1947 17 14152 Los Angeles St 3 2 1 245,000 1,272 193 4/14/2015 6,315 8544-011-019 1951 18 13830 Elwyn Or 3 2 1 400,000 1,284 312 3/13/2015 7,636 8544-032-022 1977 19 4003 Jerry Ave 3 2 1 425,000 1,603 265 1/30/2015 6,993 8544-032-061 1957 20 13753 Ramona Pkwy 3 2 310,000 1,290 240 12/12/2014 5,162 8546.004-123 1997 21 4137 Grace Ave 3 2 1 3990000 1,286 310 1/13/2015 5,097 8546-012-056 1964 22 12745 Finchley St 3 2 1 405,000 1,368 296 3/9/2015 5,862 8550-014-031 1964 23 3412 San Gabriel River Pkwy 3 2 1 375,000 1,250 300 4/2/2015 5,514 8551-013-055 1950 24 13302 CorakSt 3 2 1 330,000 1,110 297 11/13/2014 4,829 8552-006-042 1959 25 3749 Grace Ave 3 2 1 364,000 1,520 239 12/12/2014 5,489 8552-008-039 1961 26 13725 Monterey Ave 3 2 410,000 1,285 319 12/24/2014 48,080 8552-018-058 1991 27 13516 Frazier St 3 2 1 380,000 1,507 252 1/21/2015 8,955 8552-021-022 1954 28 13432 Rockway Dr 3 2 1 405,000 1,733 234 12/1/2014 6,1219552-024-001 1964 Table 3 Single -Family Sales Prices (Last Six Months) City of Baldwin Park Bed- Bath- Sale Price Sale Lot Year Num. Address Rooms Rooms Pool Stories Price Sq. Ft. Sq. Ft. Date Sq. Ft. Parcel Num. Built 29 13600 Rockway Dr 3 2 1 365,000 1,365 267 3/9/2015 5,163 8552-024-017 1961 30 4002 Stichman Ave 3 2 1 391,000 1,365 286 4/24/2015 5,185 8554-006-011 1961 31 3515 Maine Ave 3 2 1 315,000 1,186 266 2/5/2015 11,215 8555.001-029 1943 32 3108 Paddy Ln 3 2 1 275,000 1,304 211 12/24/2014 5,190 8555-007-002 1961 33 3134 Paddy Ln 3 2 1 375,000 1,541 243 4/1/2015 5,418 8555-007-007 1961 34 3148 Stichman Ave 3 2 1 360,000 1,344 268 4/3/2015 4,926 8555-020-017 1963 35 3227 Stichman Ave 3 2 1 376,000 1,353 278 1/29/2015 4,982 8555-021-017 1961 36 5001 BleeckerSt 3 1 1 315,000 1,028 306 12/3/2014 5,576 8414-005-036 1950 37 4842 Bleecker St 3 1 1 345,000 1,018 339 11/18/2014 6,528 8414-019-044 1959 38 3858 Puente Ave 3 1 1 335,000 1,085 309 4/16/2015 5,397 8438-006-039 1950 39 15116 Howellhurst Dr 3 1 1 305,500 1,372 223 12/23/2014 5,512 8438-011-053 1951 40 3628 Millbury Ave 3 1 1 349,000 1,016 344 3/20/2015 5,411 8438-020-033 1958 41 3746 MillburyAve 3 1 1 330,000 923 358 12/24/2014 7,050 8438-022-044 1951 42 5039 Stewart Ave 3 1 1 342,000 940 364 12/10/2014 5,208 8535-004-001 1955 43 4753 Merced Ave 3 1 1 320,000 1,025 312 4/7/2015 5,620 8542-005-020 1977 44 14023 Ohio St 3 1 1 390,000 1,174 332 12/15/2014 7,314 8543.007-005 1947 45 14136 Ohio St 3 1 1 378,000 1,014 373 3/26/2015 6,545 8543-011-008 1949 46 14112 Benbow St 3 1 1 370,000 1,272 291 11/25/2014 5,673 8543-012-016 1950 47 4337 Jerry Ave 3 1 1 350,000 1,053 332 3/12/2015 7,233 8544-001-018 1947 48 4340 Bresee Ave 3 1 1 263,000 1,163 226 3/10/2015 7,326 8544.005-007 1947 49 4212 Benham Ave 3 1 1 110,000 982 112 1/23/2015 5,632 8544-010-010 1951 50 14311 Clark St 3 1 1 430,000 1,028 418 11/12/2014 10,754 8544-016-033 1952 51 4035 Harlan Ave 3 1 1 :320,000 1,008 317 11/24/2014 7,534 8546-017-054 1949 52 4362 Hornbrook Ave 3 1 1 360,000 1,280 281 3/2/2015 8,550 8546-020-011 1955 53 4250 Filhurst Ave 3 1 1 41.4,000 1,372 302 11/19/2014 7,234 8546-023,004 1947 54 13527 Palm Ave 3 1 1 350,000 1,402 250 1/2/2015 8,963 8546-023-032 1962 55 12712 Torch St 3 1 1 335,000 810 414 4/21/2015 5,042 8550-005-015 1954 56 3449 Syracuse Ave 3 1 1'350,000 1,352 259 4/10/2015 8,472 8550-008-024 1949 57 3524 Patritti Ave 3 1 1 340,000 1,005 338 3/26/2015 5,799 8550-009,011 1953 58 3516 Athol St 3 1 1 32.3,000 1,239 261 11/14/2014 9,974 8551-004-019 1948 59 3732 Paddy Ln 3 1 1 352,500 995 354 12/9/2014 5,672 8553-020-019 1951 60 4003 Vineland Ave 3 1 1 '320,000 1,351 237 2/6/2015 6,438 8554.004-009 1946 61 14228 Cedarwood Ave 3 1 1 375,000 1,111 338 2/9/2015 5,223 8554-020-014 1954 62 14235 Cedarwood Ave 3 1 1 360,000 1,111 324 1/28/2015 5,083 8554-020-018 1954 63 3288 Cosbey Ave 3 1 1 315,000 936 337 11/26/2014 6,149 8556.008-001 1953 64 12910 Ledford St 3 1 y 1 332,000 960 346 12/29/2014 5,191 8564-016-040 1962 65 12717 Hensel St 3 1 1 FI) 289 289 4/10/2015 5,069 8564-020-007 1955 1 4611 Kenmore Ave W _uw -- ..---.. 4 3 .M 448,000 2,593 173 12/26/2014 6,632 8542-007-046 1990 2 13914 Benbow St 4 3 1 500,000 2,840 176 12/9/2014 6,887 8542-017-028 2007 3 13429 Valle Vista Ave 4 3 1 390,000 1,608 243 11/12/2014 5,705 8546-015-017 1934 4 13618 Elwyn Dr 4 3 2 458,500 2,367 194 2/27/2015 6,143 8546-028-030 1979 5 14612 Los Angeles St 4 2 1 450,000 1,883 239 2/12/2015 12,388 8437-008-004 1926 6 4018 Big Dalton Ave 4 2 1 335,000 1,111 302 11/26/2014 6,891 8438-003-041 1954 7 14902 Dexter St +1 2 1 275,000 1,111 248 2/12/2015 5,833 8438-004-043 1954 8 4647 Jerry Ave 4 2 1 325,000 1,328 245 2/6/2015 8,521 8542-010-032 1974 9 4643 Jerry Ave 4 2 1 161,500 1,328 122 3/25/2015 8,526 8542-010-033 1974 10 4130 Grace Ave 4 2 1 405,000 1,236 328 12/5/2014 5,217 8546-011-041 1964 11 12702 Royston St 4 2 1 340,000 1,195 285 11/14/2014 5,328 8550-013-028 1955 12 13811 Kenmore Ave 4 2 2 470,000 1,856 253 4/17/2015 10,634 8552-017-055 1926 13 3662 Vineland Ave 4 2 396,000 1,280 309 4/15/2015 9,793 8554-016-032 1961 �14 3376 Paddy Ln 4 2 355,000 1,542 230 4/9/2015 5,011 8555-010-010 1961 _...... 1 12716 Blenheim 5t wwwww__ITIT1 6 3 1 362,000 2,322 156 3/13/2015 5,915 8550-011-028 1954 111 Average -All Homes 347,216 1,228 298 42,038 6,9S5 1955 29 Avera e - 2 Bedroom Homes 317,983 938 347 42,041 6,240 1947 . 65 Avera�emm 3 Bedroom Homes 353 362 1 259... 286 42038 7093 1957 14 Average - 4 Bedroom Homes 379,214 1,663 239 42,032 7,394 1961 Source; First American Title Company, May 2015 Table 4 Retail Building Sales (Last Year) City of Baldwin Park Source: First American Title Company, May 2015 Sale Price Lot Num. Address Use Price Sq. Ft. Sq. Ft. Sq. Ft. Sale Date Parcel Num. Year Built 1 4753 Maine Ave Stores, Retail Outlet 650,000 8,084 80 14,576 9/30/2014 8543-019-034 1950 2 14121 Ramona Blvd Stores, Retail Outlet 1,963,000 17,000 115 13,322 7/31/2014 8544-023-043 1961 3 13423 Garvey Ave Stores, Retail Outlet 408,000 2,304 177 10,707 2/6/2015 8556-018-019 1964 Source: First American Title Company, May 2015 i+ O V1 u1 h n n u1 m ri t0 01 01 l0 n h h o0 00 0o h 01 h n ao 00 0o a0 a0 01 01 a0 m 01 h00 00 00 00 0o 00 0o no 1M-1 r4 rl ,M.1 roi 14 .M-1 r l r 4 ari r4 .T4 rMc rl rM-1 � .M•1 .% rMi � ri' m a h 01 n 00 h 00 n n 00 O rl N ri ri ri ri N M V1 w ri to N V1 in M M M r1 ri a-1 vl r♦ M 00 N qt 0 0 0 0 rl ri Z99999 4 4 4 c 4 4 4 4 4 4 4 4 4 4 4 c ri W O O N N N r1 rl M M m m M M 01 rl ri rl ri r-1 ri p 0 rl r1 O p 0 rl ri N N N N N N N N N N N N N M999999999999999 Q � a rir�ilmw co mmmmmmmmmcninLnLn to tow 000 ado oW0 0`no o`no OI^0 0m0 0m0 omo omo 0o0 oI^o opo 0o0 0`no o`^o 0Ln0 0m0 0m0 0m0 0m0 vv v v m In In m an Q d ct v N V1 V-1 r•1 r1 ri ri ri ri rc r1 rl ri ri rl ri ri ri r! rc rl ri ri .1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o N N N N N N N N N N tp m Ip M V1 Ln N N N N l0 01 et M M m M V1 q et 00 00 l0 00 \ N N N \ \ N \ \ O N N M M M M \ \ \ \ ; \ \ \ \ 00 01 ri r1 ri ri M epi M DD h n M1* N 00 N a qr M M O qr� V1 -e M r1 rl M n O 00 a• M l0 V1 01 n n IO n w Nm M to ri Ln 4 o 10 00 O cj�1pp1 J r1 rl N rl N -�t N ri O rl rl NN L ri na. 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W L O Vl Table 6 Project Summary Red Car Power House - Housing Project Montebello Housing Development Corporation Source: GRC Associates, Inc., June 2015 Per Unit Total Estimate Revenues: Townhomes 24 $ 350,000 $ 8,400,000 Estimated Direct Costs: Residential 1565 sq. ft. 140 sq. ft. $ 219,100 Garage 596 sq. ft. 45 sq. ft. 26,820 Decks 87 sq, ft. 30 sq. ft. _.., m 2,610 Total Estimated Direct Costs 248,530 Indirect Costs 10% 24,853 Total Estimated Direct and Indirect Costs 273,383 Estimated Developer Profit: 10% 27,338 Total Estimated Construction Costs and Profit $ 300,721 $ 7,217,311 Estimated Direct Costs: Residual Land Value - Per Unit (Revenues - Costs) $ 49,279 Residual Land Value - Total $ 1,182,688 Source: GRC Associates, Inc., June 2015 Table 7 Project Summary --With Prevailing Wages Red Car Power House - Housing Project Montebello Housing Development Corporation Per Unit Total Estimate Revenues: Townhomes 24 $ 350,000$ 8,400,000 Estimated Direct Costs: Residential 1565 sq. ft. 175 sq. ft. $ 273,875 Garage 596 sq. ft. 54 sq. ft. 32,184 Decks 87 sq. ft. 36 sq. ft. ....._._. 3,132 .. ..._._.._....... Total Estimated Direct Costs 309,191 Indirect Costs 10% 30,919 Total Estimated Direct and Indirect Costs 340,110 Estimated Developer Profit: 10% 34,011 Total Estimated Construction Costs and Profit _... $ 374,121 _.. $ 8,978,907 Estimated Direct Costs: Residual Land Value - Per Unit (Revenues - Costs) $ (24,121) Residual Land Value - Total $ (578,907) Source: GRC Associates, Inc., June 2015 Appendix C Red Car Power House— Preliminary Budget— Standard Wages Construction Costs Crane Development Corporation June 2015 V, — — — — — — — — — — — — — — — - Ln to pip 10 o co CA CA i, o o o An 0 a o o 0 D pGy 12-1 ek r k -N 0 C, ca c, o 0 0 o a a 0 Ind O'D u 0 K3 d , C, 0 44 0 cd 0 0 0 p',0 0 vo co o o o o o a o a o 0 0 rzc) a 0 o 0 0 0 14 m I - w I E IL — — — — — — — — — — — — — — — — 0 0 0 oio C4 m to po U. WtN Mi04' CD o 0 n Das j 99 0 CD C' 0 0 a D Cs a 0 Cq 0 0 C� o a a 0 tm '�7 LL I =p`®®.......... �1®pvq 04 N ...Ooor�0000o0aia30 t-^ CD s y O O O O O'%°°I'0 00.:".1 O O 0 0 0 O'. 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U1 01- y, p m m E �ZZZti cue ❑ C C'g 12 C OC)aama2zg 12 UmF°- Q W -9 f 1. El I I ii OEO>Ev,4mn_po CD 2 em E 12 U) Z Z z ELL n iq ca ZZ'g—3a CL E .S Ourta-H - Ogg8 C'9dW30N I Appendix D Red Car Power House — Preliminary Budget — Prevailing Wages Construction Costs Crane Development Corporation June 2015 v tm V E .0 iL Ul ol 0 U 0O 0 0 0 o o Q o ul CD 0 C, C-4 . .. .. .... ..... 1a ID 0 0 0 0 0 00 ....... 2 10 rd 0 0 a o o c) C,� OD 00 0 L, qo 0 0 z � .0 Coco M C? a 0 0 0 Ll 0 0 0 0 04 0 0 a Oa ca C, Cl 11111-11.1-L-LiJU 10 o 3�,o o a OOo OOo ma) 0 4k E W r E H�!191� EZ H WEEK 0 >r -,Lr &CO 0 "S OLM M IL -g-OUHna mg F . E Ahs Z -2 9 9 19 8 A I I r is �lg� " U ) w�$i .�" aY7N O O . {':k.0. . O O CY rn O P'....,0 O o O O O '. qqwqqy O8 M O P d RwS M.m d O O . t:^,w . C".7 O 0 {Fry y V . O O O .. d O d 0...,,.. d wa,uY d d b fd. m C: 00 � w+l m 0 000 O 0 O ..+> a C. Oa 0 O �A �,�Yei O OOO a",:! C'n C7 OOO C"h P PP Pte" C.;Y O'O �p .................. 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S1 7 ❑ Z O r H PJ C O1 EfHjcg 2 O 61. 41 N L � L Mtn 9> Re..—Lug m —W O IL � •d jLLU_ N��IL E Cl E N C!}IL® d d in U) Cw Vi Nf7 (� vi7ELCL—J 612 W (/1 �$F,a Uy ee°o®wo2Poou.L_go,®oo q 4ahi a.h(9C9t—hPla(/3F I—.af—hF C 0 IA r C V�! (� 2i M O r M b Ob o O pp OIL O N N r w .0 w 0 MR L. O M QY a^ N a O y d C U d J _ U in i ((ryry 5 C iv} C fn Bn IL U. c EE-O':' -' C% 7 U d °m�eE���'EB��M ® B e ociaamazzt°r°r°L9m ZLuJ�r®- m LL id N w iJ 00 Loh P lafY LL. to O dl rm Ad co M o 0 o D 0 c, 0 o 0 0 a, Q ci a a LA a M 0 r 0 C,> f", M M 0 C;Y rN a a C3 C,) C, q -j C, 0 la 0 ci m r.) 0:0 0 0 ea C, C, a 0 C, a a LL Ca M rr --- - AA. �U) tp, - - - --- - - - - - - - - - - - - - - - m 0 N a o 0 0 0 C) 0 0 0 0 &"„A'0 0 0 0 rj, 0 0 0 — — — — — — — --- O co ID C3 0 0 0 a 0 o a --- — — — — — — — MLr!m Nr 0 a .4L1 Me1i 4 I 0 I ', :, r MUDC 1619 Paramount Boulevard -Montebello, California 90640 Non-Profit . o, p o , a,n www.MHDCCA.org emoran um To: Shannon Yauchzee, Chief Executive Officer — City of Baldwin Park CC: MHDC: Robert Monzon, Jaime Legaspi, Charles Lawrence, John Pringle City of Baldwin Park: Marc Castagnola, Robert Tafoya From: Renee M. G. Chavez, Operations Manager Date: August 17, 2015 Re: MHDC Necessary Debt and Equity Financing Request for additional time for reports Attached please find the letter of interest from one of our banking partners, Pacific Western Bank. We requested the letter based on the costs of construction originally provided by Crane Development Corporation, our consultants. MHDC continues to work with our consultants to revise Financial Feasibility Prospectus and Market Feasibility Study as requested by Baldwin Park Staff. However, due to the extent of the request, MHDC's development team is requesting additional time to submit the reports and the opportunity to revise the Letter of Interest from our lending partners if the project costs change significantly. MHDC's Development Team expects all items to be completed on or before December 15, 2015. Thank you I August 17, 2015 MHDC 1619 Paramount Blvd. Montebello, CA 90640 Conditional Letter of Interest On behalf of Pacific Western Bank, (Bank), I am pleased to issue this letter as an expression of our interest in formulating a loan facility for you. This letter is intended to outline some general terms of structure and pricing. in no way should this letter be misconstrued as a commitment, a contract, an offer to enter into a contract, nor guaranty from the Bank, all of which would entail greater due diligence than we have conducted to date. Any actual loan terms that could be offered would be frilly described in the Batik's loan documents, not in this letter. For the purposes of discussion, the Bank might consider (lie following: Type of Facility: Construction Loan -- Mixed Use / 24 Townhonne Units to be sold with a preference to First Time Homebuyer Veterans of low to moderate income. Amount: $7,620,000 Collateral: First TD — 1.5 Acre Site located at the intersection of Ramona Blvd. and Badillo Sheet, Baldwin Park, CA 91706 Maturity: 18 Months Interest Rate; PWB Base Rate (4.0%) + 1.0%,5.25% floor Fees: 1 Point Origination Fee, $1,500 doe prep, title, appraisal Guarantors: No personal guarantees. Completion guarantees to be negotiated. Credit Agreement: Interest only monthly from interest reserve, principal at maturity. 2) Favids to be disbursed and inspected through third party fund control 3) No work to begin prior to recordation of construction deed of trust. 4) Work to begin within 45 clays of recordation of construction deed of trust. 5) Release prices 100% of net sales proceeds, minimum release prices will be determined based on the appraised value of individual buildings 6) Final loan amount will be determined based on (he lesser of the following: a) 78% Loan to Cost, or b) 78% Loan to Value (*A'OTE: The LTC colctrladon assumes that the final rrp1malsed rahre for the land contributed is a1 or above the stated cast) 7) Additional cash equity may be required based on appraised value of land. The above is intended to outline a structure, designed to accommodate your financing requirements. We would need to complete our due diligence work before making any decision. if the above is of interest to you, please sign this letter and return with a check in the amount of $6,500 for ,in appraisal deposit. if we have not heard fi-om you within 10 days of the date of this letter, we will consider your request withdrawn. We appreciate the opportunity to consider your request. Should you have any questions, please contact the undersigned at (714) 674-5362. HAINPR®CESWHDC�Baldmin ParklExprassion of Interest Letter 8,14,15.doc 130 5 State College Boulevard, Dreg, CA 92821 Phone: 714-989-4600 Fax: 714-948.8882 %V%Vlv,Pacificivesteruibasik.cciiii Sincerely, Pacilic Westem Bank By: I O i ilson Vice President Accepted: I MINPROCESMIDC-BalUin ParMExprassion of IntereM letter U-14,15,doe Dale'. a. 0 10 SEPTEMBER 16, 2015 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 Manuel Lozano Cruz Baca Monica Garcia Ricardo Pacheco Susan Rubio Chair Vice Chair - Board Member - Board Member - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FA VOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Finance Authority on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the BoaO you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse a la Agencia nombrada en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse a la Agencia, podr5 hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) ..� .. FINANCE AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Vice Chair Cruz Baca and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos ser6 el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. (Government Code §54954.21 ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS/ON 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 declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. TREASURER'S REPORT— JUNE 2015 AND JULY 2015 Staff recommends that Council receive and file the Treasurer's Reports for the months of June 2015 and July 2015. 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 10 h day of September, 2015. PLEASENOTE., Copies of staff reports and suQ)orting documentation pertaining to each item on this agenda are available for public viewing and inspection at, City Hall, 2" 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) 9604011 ext. 466 or via e-mail at ki°trssel(i,bFtwirr arl�,rlrrr. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) �m. Alejandra Avila Secretary PLEASENOTE., Copies of staff reports and suQ)orting documentation pertaining to each item on this agenda are available for public viewing and inspection at, City Hall, 2" 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) 9604011 ext. 466 or via e-mail at ki°trssel(i,bFtwirr arl�,rlrrr. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) STAFF REPORT ITEM NO. Honorable Mayor and City Counci members Terry Shea, Interim Director of F it anc. September 16, 2015 TREASURER'S REPORT — JUNI+ 2015 & JULY 2015 SUMMARY Attached is the Treasurer's Report for the months of June 2015 and July 2015. The Treasurer's Report lists all cash for the City (which includes the Baldwin Park I" nancing Authority), the Housing Authority, and the Successor Agency to the Community 1: velopment Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. FISCAL IMPACT None LEGAL REVIEW None required. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for June 2015 and July 2015, BACKGROUND The City's Investment Policy requires the Treasurer's Report be stibmitt d to the Julyor and City Council on a monthly basis. 1141 U OF FROM: DATE: �,�✓� E ., SUBJECT: ITEM NO. Honorable Mayor and City Counci members Terry Shea, Interim Director of F it anc. September 16, 2015 TREASURER'S REPORT — JUNI+ 2015 & JULY 2015 SUMMARY Attached is the Treasurer's Report for the months of June 2015 and July 2015. The Treasurer's Report lists all cash for the City (which includes the Baldwin Park I" nancing Authority), the Housing Authority, and the Successor Agency to the Community 1: velopment Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. FISCAL IMPACT None LEGAL REVIEW None required. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for June 2015 and July 2015, BACKGROUND The City's Investment Policy requires the Treasurer's Report be stibmitt d to the Julyor and City Council on a monthly basis. CITY OF BALDWIN PARK TREASURER'S REPORT 7131/2015 Schedule of Cash and Investments Includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturitylptirchase 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: e.L Terry - !rear (ijL Interim Director of Finance ESTIMAVE-11 I INVESTMENT INTEREST PURCHASE MATURITY PAR VALUE CURRENT PRINCIPAL BOOK VALUE MARKET DESCRIPTION RATE DATE DAI'E State of California Local Agency Investment Fund30j",287.50 Varies 30,144,287.50' 30,144,287.50 30,144,287.50 City 0.32% Varies Varies 13,073.36 13,073.35 13,073.35 13,073.35 Housing Authority 0.32% Varies – —36-,1-57,360.-85 30,11 .85 30,157,360.85 30J57,360.85 Varies 2,925,693.96- -2,925,693.96 2,926,693.96 2,926,693.96 Fiscal Agent Funds - City Varies Varies Varies 4,081,724.55 4,081,724.55 4,081,724.55 4,081,724.65 Fiscal Agent Funds - Successo Varies Varies $------i7.164,779.36 $ 37,164,779.36 7,007,418.51 3 37,164,779.36 Total investments $ 37,164,779.36 Cash City Checking 3,525,471.18 City Miscellaneous Cash 63,096.28 Comm. Develop. Comm. 0.00 Successor Agency 4,667,746.17 Housing Authority 49,140.42 Financing Authority --120— Total Cash _832�454�0k. Total Cash and Investments $ =16,4 7 0jj,3. �4 Schedule of Cash and Investments Includes all financial assets as included in the Comprehensive Annual Financial Report. There was no investment maturitylptirchase 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: e.L Terry - !rear (ijL Interim Director of Finance CITY OF BALDWIN PARK TREASURER'S REPORT 6130/2015 INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT PRINCIPAL BOOK VALUEm� MARKET VALUE DESCRIPTION, RATE DAT DATEmmmmm T VALUE State of California Local Agency Investment Fund 0.30/o o / Varies Varies 30,125,128.50 30,125,128.50 30,125,128.50 30,125,128.50 City 0.30% Varies Varies 13,063.61 13,063.61 13,063.61 13,063.61 Housing Authority . ..._ 30,138,192.11M 30138,192.11 0138192.11 30 .....�- 30,138,192.11 Fiscal Agent Funds - City Varies Varies Varies 684,400.09 2,938,009.52 / 684,400.09 2,938,009.52 684,400.09 2,938,009.52 684,400.09 2,938,009.52 Fiscal Agent Funds - Successo Varies Varies Varies b 33 760"—"i,-622,409.61 72 $ _-:- �• 33 760,601.72 3,622,409.61 $ 33,760,60172 Total Investments $ 33,760,601.72 Cash City Checking 9,474,821.72 71,249.77 City Miscellaneous Cash Comm. Develop. Comm. 0.00 Successor Agency 5,708,628.56 Housing Authority 24,509.60 i Financing Authority 0.00 Total Cash __15,279,200,65 .95,279,200,65Total TotalCash and Investments $ 49,03 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 aro 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: Terry Shcaa Interim Director of Finance ew ffik mio, F f -q SEPTEMBER 16, 2015 7:00 P REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 BALDWIN 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 /S /N PROCESS POR FA VOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Housing Authority on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Board, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse a la Agencia nombrada en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse a la Agencia, podrb hacerlo durante el perlodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por Cres (3) minutos. Hay un int6rprete para su conveniencia. A�P'fj, ��;i"�'7 if F,J dq:. k '�. "��::� r hi�"d;q'/ to rs?dt"R -rcgen�:la item 14 it an �%�P,��i�"E � ,�„��7���.i' of a f'egu �:f t e Bfiaf;f(':rPY!y' i�kGad i's iJJ,f"'i'1ibuR°0d d;� the le"s dNVf 72 1i�i:;dO6S thj011 f�1P" J�obfir, inspection at ii tf ( Fid, f.ie0 a C)ffl;ve , li 1,1 4,"10 E, Flndi li': A a°enut?, 3rd ,f"io+'1R” 4':f�f n,q fEi.wffPa) i�fP,afd ��, fi.�. hr -7 irs (Altif�0i-q .., T N'.ir s 3V, /"311'd "� 0. 6:0() f a.r"'d ) .._..... ........ _ ........�� mw �. . HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Vice Chair Cruz Baca and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos 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 declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. TREASURER'S REPORT— JUNE 2015 AND JULY 2015 Staff recommends that Council receive and file the Treasurer's Reports for the months of June 2015 and July 2015. ADJOURNMENT CERTIFICATION I, Alejandra Avila, Secretary of the Housing Authority hereby certify that, under penalty of perjury under the laws of the State of California, the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. gated this 10th day of September 2015. "41 Alejandra Avila Secretary PLEASE NOTE: Copies of staff reports and supporting documenlala"oar pertaining to each item oil this agenda are available for public viewing and ilIspectior7 at City Hall, 2"d Floor Lobby Area or at .the Los Angeles County Public Libra, ty in the City of Baldwin Park. For further information regarding agenda items„ please contact the office of the City Clerk at (62'6) 960-4011 ext. 466 or via e-mail at krussell baktWjL7paal�.corn . In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) ITEM NO. VA STAFF .,y .PORT ?,ALD , TO: Honorable Mayor and City Counc i meai,ibers r y"1 or FROM: Terry Shea, Interim Director of Fig anc 14 EL DATE: September 16, 2015 SUBJECT: TREASURER'S REPORT —JUN +' 2015 & JULY 2015 SUMMARY Attached is the Treasurer's Report for the months of June 2015 and Rd 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 Dt'velopment Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. FISCAL IMPACT None LEGAL REVIEW None required. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for June 2015 and July 2015. BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitt d to the Julyor and City Council on a monthly basis. CITY OF BALDWIN PARK TREASURER'S REPORT 7/31/2015 INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT PRINCIPAL BOOK VALUE MARKET VALUE. DESCRIPTION RATE DATE DATE , VALUE State of California Local Agency investment Fund 0.32% Varies Varies 30,144,287.50' 30,1",287.50 30,144,287.50 30,144,287.50 City 0.32% Varies Varies 13,073.35 113,073.35 113,073.35 13,073.35 Housing Authority -iOTi-57.36—.86 30 67136ji-CC k,157,36015 —�j-57,360'-Jg-5- 6 Fiscal Agent Funds - City Varies Varies Varies 2,925,693.96- 4,081,724.55 2,926,693.96 4,081,724.55 2,925,693.96 4,081,724.55 2,925,693.96 4,081,724.55 Fiscal Agent Funds - Successo Varies Varies Varies $ 37,164,779 36 37,164,779,36' Zl 7,007,418.51 $ 37164„779.30 Total Investments $ 37,164,779.36 Cash City Checking 3,525,47 1.18 City Miscellaneous Cash 63,096.28 Comm. Develop. Comm. 0.00 Successor Agency 4,667,746.17 Housing Authority 49,140.42 Financing Authority 0.00 Total Cash __8,_305,454.05 Total Cash and Investments $ 4. 470-2 _233AI= 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 63646 at seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to Ineat time 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: Terry ties Interim Director of Finance CITY OF BALDWIN PARK TREASURER'S REPORT 6/30/2015 INVESTMENT INTEREST PURCHASE M PAR CURRENT ARKET DESCRIPTION _ RATE _ DATE VALUE ..... PRINCIPAL .. VALUE ..: _ .__..MSE. Y State of California Local Agency Investment Fund 0.30% Varies Varies 30,125,128.50 j 30,125,128.50 30,125,128.50 30,125,128.50 City Housing Authority 0.30% Varies Varies 13,063.61 13,063.61 13,063.61 13,063.61 30,138,192.11 30,138,192 11 30,138,192.11 30,138,192.11 Fiscal Agent Funds - City Varies Varies Varies 684,400.09 684,400.09 684,400.09 684,400.09 Fiscal Agent Funds - Successo Varies Varies Varies 2,938,009.52 / 2,938,009.52 2,938,009.52 2,938,009.52 .� _ --..--i-3,760,601.7,2— S .._m.._- 33.760,601 72 b 3„760,601 7! w 3,622,409.61 $ 33 760 601,72 _ . 0=1 ?-_ Total Investments $ 33,760,601.72 Cash City Checking 9,474,821.72 City Miscellaneous Cash 71,249.77 Comm. Develop. Comm. 0.00 Successor Agency 5,708,628.56 01 Housing Authority 24,509.60 i Financing Authority --2:22— Total Cash 15,2 .6 m.. Total Cash and Investments $ 49,039,811.37 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 53046 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet ttte 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: Terry Shea Interim Director of Finance