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Home My WebLink About2015 12 16NOTICE AND CAL OF A SPECIAL MEETING OF THE CITY COUNCIL, TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, DECEMBER 16, 2015 at 6:00 PM. at City Hall — 3rd Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706, Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: December 10, 2015 m„ 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 December 10, 2015. f� 'Pr �o- �,� a �' Alejandra Avila City Clerk AGENDA 11#0 "A q11T1TJI,1L1;MA 'Jo CITY COUNCIL SPECIAL MEETING Please not e time and meetingDECEMBER AV'2OA,------ location 6:00 PM : 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 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 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 p6blico 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, podrb hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) min utos. Hay un irit6rrete 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 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 §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exists alguna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] OPEN SESSION/STUDY SESSION 1. POTENTIAL BALDWIN PARK DOWNTOWN DEVELOPMENT PROJECTS Presentation by Matt Waken, of Walbern Development, Inc., to consider options for potential development projects in downtown Baldwin Park. 2. PRESENTATION ON GRANT WRITING AND CONSULTING SERVICES Presentation by representatives from California Consulting, LLC, regarding grants and grant writing services 3. PRESENTATION ON CLEAN AND RENEWABLE ENERGY FINANCING Presentation by representatives from Ygrene Energy Fund to review the YgreneWorks TM Program and opportunities for financing energy efficiency, renewable energy and water conservation projects. RECESS TO CLOSED SESSION 4. PUBLIC EMPLOYEE APPOINTMENT (GC §54957): Title: Finance Director 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GC §54957): Title: Chief of Police 6. CONFERENCE WITH LABOR NEGOTIATORS (GC §54957.6) 9t,ncy.deswg!1 t d reprq, tiv�e : Shannon Yauchzee and Robert Tafoya gr repress °ited Em _Ip oyes(§).: Chief Executive Officer; Community Development Director; Human Resource Manager; Police Chief; Public Works Director; Recreation and Community Services Director 7. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Cook v. City of Baldwin Park, Case Numbers: 2:15 -CV -4163 RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION 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 December 10, 2015. Alejandra Avila City Clerk PLEASE NOTE. Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hi-0lu 2"r Floor Lobby Area oral the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda derns, please coiitact the office of tw City Clerk at (626) 960-4011 ext. 466 or e-mail kr;ft stiltbaidwviirflrrk e r?r"m. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) L A3 BALDW'IN PARKCITY COUNCIL REGULAR MEETING DECEMBER16, 2015 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 Manuel Lozano Cruz Baca Monica Garcia Ricardo Pacheco Susan Rubio µ Mayor Mayor Pro Tem Council Member Council Member Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cads persona se le permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. CITY IL 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. •Ow• a • • • • Oath of Office for Incoming Student Commissioner Madeline Martinez for the Recreation and Community Services Commission • Certificates of Recognition for the Baldwin Park High School Boys Cross Country Team for their success at Division III CIF Finals and making it to the State Cross Country Championship. • Certificates of Recognition for Olivia Paez, Bishop Amat Memorial High School student, in recognition of her successful participation in CIF Cross Country Finals and State Cross Country Championship • Presentation of a Plaque to Ken and Carol Woods in recognition of their 40+ years in business, Woods and Sons, in Baldwin Park. Presentation of a Plaque to Mark Cyr in recognition of his business, Cal Discount Glass, for 40+ years of service in Baldwin Park. • Presentation of Proclamation to recognize Jack White, retiring Board Member of the Baldwin Park Unified School District City Council Agenda Page 2 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 §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tome accion en a/gun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobiemo §54954.2] CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. WARRANTS AND DEMANDS Staff recommends that Council ratify the attached Warrants and Demands Register. 2. TREASURER'S REPORT — OCTOBER 2015 Staff recommends that Council receive and file the Treasurer's Report for the month of October 2015. 3, MEETING MINUTES Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Regular Meeting of Baldwin Park City Council on April 11, 2012, and October 3, 2012, respectively. B. Meeting Minutes of the Special and Regular Meeting of the City Council of the City of Baldwin Park held on December 2, 2015. 4. APPROVE AND ADOPT RESOLUTION NO. 2015-105 ADOPTING AN ENVIRONMENTALLY PREFERABLE PROCUREMENT POLICY Staff recommends that Council Waive further reading, read by title only, AND adopt Resolution No. 2015-105, entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Adopting an Environmentally Preferable Procurement Policy." 5. APPROVE AND ADOPT RESOLUTION NO. 2015-102, ESTABLISHING A PREFERENTIAL PARKING ZONE ON THE 900, 13100 AND 13200 BLOCKS OF JUDITH STREET, AND THE 13100 AND 13200 BLOCKS OF SHAVER STREET Staff recommends that Council approve and adopt Resolution No. 2015-102 entitled "A Resolution of the City Council of the City of Baldwin Park, California, Establishing a Preferential Parking Zone on the 900, 13100 and 13200 Blocks of Judith Street, and the 13100 and 13200 Block of Shaver Street. City Council Agenda Page 3 6.. APPROVE AND ADOPT RESOLUTION NO. 2015-104, AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO APPROVE SETTLEMENT CLAIMS WITH A SETTLEMENT AUTHORITY OF UP TO $24,999.00, CONSISTENT WITH GOVERNMENT CODE SECTION 935.4. Staff recommends that Council approve and adopt Resolution No. 2015-104 entitled "A Resolution of the City Council of the City of Baldwin Park Approving and Authorizing the Chief Executive Officer to Approve Settlement Claims with a Settlement Authority of Up to $24,999.00, Consistent with Government Code Section 935.4." 7. PARKING STRUCTURE SECURITY UPGRADES FOR POLICE VEHICLES AND EQUIPMENT Staff recommends that Council approve and authorize: a) The interim Director of Finance, or his designee, to take the necessary action and make a budget appropriation of approximately $150,000 from the Federal Asset Forfeiture fund (205) for the restricted purchase of parking structure security improvements to upgrade the Police Department parking lot security and enhance overall police operations; and b) The Director of Public Works, or his designee, to take the appropriate actions to facilitate the purchase and installation of the upgrade equipment and complete the project. 8.. AUTHORIZE THE PURCHASE OF POLICE PATROL VEHICLES Staff recommends that Council: a) Waive the formal bidding process, pursuant to pursuant to Baldwin Park Municipal Code (BPMC) §34.37, for the purchase of five (5) vehicles, as existing cooperative purchasing contracts already exist with other government agencies; and b) Waive the formal bidding process, pursuant to BPMC §34.23(c), for the purchase and installation of the emergency equipment; and c) Authorize the Police Department to purchase five (5) new vehicles and equipment through existing contracts, joining in the cooperative purchasing contracts or through procedures outlined above; and d) Direct the Interim Director of Finance, or his designee, to take the necessary action to make the required budget transfer and adjustments of $190,000 to account 404.30.340.58110.0000.2 and $28,190.68 to account 206.30.340.58110.00000.2 for the restricted purchase of new police department vehicles and the equipment to upgrade the police department's patrol vehicles; and e) Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchases. City Council Agenda Page 4 9. APPROVE THE APPLICATION OF AND APPOINT SIERRA VISTA HIGH SCHOOL STUDENT MEMBER TO OFFICE NUMBER 6 OF THE RECREATION AND COMMUNITY SERVICES COMMISSION Staff recommends that Council approve and appoint Luz E. Mercado, Sierra Vista High School student, to Office Number 6 of the Parks and Community Services Commission. 10. APPROVE THE AWARD OF PROJECT NO. 2015-0106, WALNUT CREEK NATURE PARK IMPROVEMENTS TO PRINCIPLE CONTRACTORS, INC. Staff recommends that Council approve the award of Project No. 2015-0106, Walnut Creek Nature Park Improvements, to the low responsive and responsible bidder, Principle Contractors, Inc., in the total base bid amount of $417,428, and authorize the Mayor to execute the contract. PUBLIC HEARINGS 11. CONDUCT A PUBLIC HEARING AND INTRODUCE ORDINANCE NO. 1382 WHICH AMENDS BALDWIN PARK MUNICIPAL CODE TO PROHIBIT MEDICAL AND RECREATIONAL MARIJUANA DISPENSARIES, CULTIVATION, DELIVERY AND MOBILE DISPENSARIES Staff and the Planning Commission recommend that the City Council open the public hearing and following the public hearing, introduce for first reading, by title only and waive further reading, Ordinance 1382, entitled "An Ordinance of the City Council of the City of Baldwin Park, California, Amending Baldwin Park Municipal Code Subchapter 153.120 Part 10 Entitled Medicinal Marijuana Dispensaries And Modifying Subchapter 153.220.140'M' Definitions (Medical Marijuana Dispensary) to be Consistent with State Law." REPORTS OF OFFICERS 12. MEMORANDUM OF UNDERSTANDING FOR THE 2016 GREATER LOS ANGELES HOMELESS COUNT OPT -IN PROGRAM Staff recommends that Council approve a Memorandum Of Understanding (MOU) with the Los Angeles Homeless Services Authority to participate and provide volunteers for the 2016 Greater Los Angeles Homeless Count and authorize the Mayor execute the MOU. 13. REORGANIZATION OF THE CITY COUNCIL - SELECTION OF MAYOR PRO TEMPORE Staff recommends that the City Council complete the reorganization of the City Council, and follow the procedure as suggested for the selection of Mayor Pro Tempore as follows: 1) The City Clerk opens the nominations for the office of Mayor Pro Tempore. Any Councilmember may nominate and no second to the nomination is required; City Council Agenda Page 5 2) After receiving all nominations, the City Clerk closes the nominations; 3) The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the order in which nominations are received until a Mayor Pro Tempore is elected by majority vote. 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 December, 2015. 40 .. Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at nuss,NmA;�balcd„igata4r�k.ccrN. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda Page 6 ITEM NO. STAFF REPORT tV TO: Honorable Mayor and City Councilmembers "iM,OFROM: Rose Tam Accounting Manager � 2015 DATE: December 16 � spa d��s�� . � � � VA ; 01u.r` 'a`''te SUBJECT: WARRANTS AND DEMANDS. /f�ffii'iT�/% 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 $399,998.24 and the attached General Warrants Register were $616,958.21 for a total amount of $1,016,956.45. 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 197597 to 197628. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 245521 to 245772 for the period of November 08, 2015 through November 21, 2015, inclusive; these are presented and hereby ratified in the amount of $399,998.24. 2. General Warrants, including check numbers 207652 to 207870, in the total amount of $616,958.21 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. K) K) 1.1i N) m INJ bi N.) N) I rD C.) C) (D CD ID CD C.) Til (31 0 m M M Cy} Ul Cb kK 0 C, n vi 11 13 W w 1-1 N-Uk m (TI Ul IP -V) P. d:n N) IQ H H Vr W W Vt 1p, -Ur N (A Irl -U) 1P H N -1 11 1P -Vr --71F -_j V}11 Id, C) ti H VY Li VI H (Y) t) N) N 0) w lP (7% K) C) IP co IPLn<a N) C) co -11 C) It, .,r --j (It --] Lo 1p. H C) H H CD L,) N --J M OD Ln Un Lp UI W 0) (D CD 00 CO p Ln p C.n H p I - Ul M H �j C) -•�j �J C.) 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C-) CD CD cD cD cD (n cD CD (D CD o c) c) Ln H CD CD Cl cD co (Y1 ul cD c) GG GG GC) c) cm) o G n cD 0 c) C) c) M CD C) cD c) cD cD P, F, cD c) c) CD (D c) C) cD cD cD c) CD CD cD CD G c) fA c c1l CD c.) c) C) c3 c3 cD n CD cD cD cD G CD c) C) C.D CD C, o cD c:, CD CD CD N N N C. t, N m Ij m t, m t) N N N N N L, Ij N N L, t, L" t, m NHNH [ab 7J "Au hj Id w In `-1 10 10 10 F3 Mrobro101j10 r "a 10 0 0 0 0 c, �j cD �n" r) C) H H H H H 1:1 c�l c, E H H P] KD Z m w W 14 H l--1 L" H q '4 n c) 0 0 P4 u W (n U) q c! cq I Id M �j wl 0 �j H H H H (A (a 0 C) 'TJ R, F -A Q 0 0 0 0 V �d 0 0 0 q H W N N 0 �� R m m n (A 10 m !4 V, Z, v 1�j 11 10� m m C) m m w �4 �� x x P H 0 In Q �.) m t, N C) H 0 Id �d ,D' 0 HH HH I, 1--A E E E E E H '9 W W u) rA 10 H 'd 'd z� 1-1 P� lj t C) () C) r) 0 z 0000000 1: 11 H lu Q, ci Q GC" LTJHt7 0 0 M M En (n D L' t' L' L' t"F1 F] M �d �d �d �d P, H Id Id 10 ld vl :�, �u nn m w m N H r4 "I W (n M Ir z In 10 Iri Id I'd En t1j m :d % n (a(nWInt7 (a H H 0 0 00 t, 7o N M n 1cJ C C C C b rf) W3 ;Ij ;d n R, R, m m Gr, C) R, 21 V, m tm-1 0 z;�-v l� N w w 0 �b L, m Co (1) Fo Fa � I (n - < 0 w In ca w 3 m Ti 00 . 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C-) CD CD cD cD cD (n cD CD (D CD o c) c) Ln H CD CD Cl cD co (Y1 ul cD c) GG GG GC) c) cm) o G n cD 0 c) C) c) M CD C) cD c) cD cD P, F, cD c) c) CD (D c) C) cD cD cD c) CD CD cD CD G c) fA c c1l CD c.) c) C) c3 c3 cD n CD cD cD cD G CD c) C) C.D CD C, o cD c:, CD CD CD N N N C. t, N m Ij m t, m t) N N N N N L, Ij N N L, t, L" t, m NHNH [ab 7J "Au hj Id w In `-1 10 10 10 F3 Mrobro101j10 r "a 10 0 0 0 0 c, �j cD �n" r) C) H H H H H 1:1 c�l c, E H H P] KD Z m w W 14 H l--1 L" H q '4 n c) 0 0 P4 u W (n U) q c! cq I Id M �j wl 0 �j H H H H (A (a 0 C) 'TJ R, F -A Q 0 0 0 0 V �d 0 0 0 q H W N N 0 �� R m m n (A 10 m !4 V, Z, v 1�j 11 10� m m C) m m w �4 �� x x P H 0 In Q �.) m t, N C) H 0 Id �d ,D' 0 HH HH I, 1--A E E E E E H '9 W W u) rA 10 H 'd 'd z� 1-1 P� lj t C) () C) r) 0 z 0000000 1: 11 H lu Q, ci Q GC" LTJHt7 0 0 M M En (n D L' t' L' L' t"F1 F] M �d �d �d �d P, H Id Id 10 ld vl :�, �u nn m w m N H r4 "I W (n M Ir z In 10 Iri Id I'd En t1j m :d % n (a(nWInt7 (a H H 0 0 00 t, 7o N M n 1cJ C C C C b rf) W3 ;Ij ;d n R, R, m m Gr, C) R, 21 V, m tm-1 0 z;�-v l� N w w 0 �b L, m Co (1) Fo Fa � I (n - < 0 w In ca w 3 m Ti 00 . 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The Treasurer's Report lists all cash for the City (which includes the Baldwin Park Financing Authority), the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. FISCAL IMPACT None LEGAL REVIEW None required. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for October2015. BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. CITY OF BALDWIN PARK TREASURER'S REPORT 10131/2015 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 October 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 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET _DESCRIPTION RATE . DATE DATE D.. TE VALUE _ PR$NCIPAL VALUE w VALUE ..........�....._....... State of California Local Agency Investment Fund City 0.36% Varies Varies 25,166,064.40 25,166,064.40 25,166,064.40 25,166,064.40 Housing Authority 0.36% Varies Varies 13,083.88 13,083.88 13,083.88 13,083.88 _., 25,179,148.28. ._..__.,1.48... 25,17799 8.28 25,179,148.28 25,179,148.28 Fiscal Agent Funds - City Varies Varies Varies 2,448,643.42 2,448,643.42 2,448,643.42 2,448,643.42 Fiscal Agent Funds - Successc Varies Varies Varies 2,938,112.49 2,938,112.49 2,938,112.49 2,938,112.49 $ � 30,565,904.19� $ .30,565,904.19 5,386,755.91 $ 30,565,904.19 Total Investments $ 30,565,904.19 Cash City Checking 4,499,867.08 City Miscellaneous Cash 67,075.94 Comm. Develop. Comm. 0.00 Successor Agency 4,093,595.57 Housing Authority 63,208.21 Financing Authority 0.00 Total Cash 8,723,746.80 Total Cash and Investments $ _39 289,650.99 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 October 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. A MINUTES BALDWIN PARK CITY COUNCIL APRIL 11, 2012, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 7:05 p.m. ANNOUNCEMENTS Mayor Lozano announced that, as required by Government Code Section 54954.3, members of the City Council also serve as members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening at this evening's meeting and that each member received a stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority, respectively. INVOCATION The invocation was provided by Councilmember Pacheco. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL Councilmember Marlen Garcia Councilmember Monica Garcia Councilmember Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano ANNOUNCEMENTS Mayor Pro Tem Rubio asked that this evening's meeting be adjourned in memory of Rafael Medina, a 46 -year resident of Baldwin Park, who is survived by his wife, Diadora Medina, 13 children, 37 grandchildren, and 16 great-grandchildren. Condolences were extended to his family and those who knew him. Councilmember Marlen Garcia asked that the meeting be Vidaurri, a young resident of Baldwin Park who passed conveyed to the Vargas Family with the recent passing of active member of the community. adjourned in memory of Ramon recently; and condolences were Mr. Vargas, a dear friend and an Councilmember Pacheco rerninded everyone that St. John's the Baptist is having its 31 st Annual Family Festival May 16th through the 20th, announced that he is selling raffle tickets which will be for a cash prize drawing. Mayor Pro Tem Rubio announced that there will be an Arbor Day and Earth Day Celebration on April 28th and she invited everyone to attend. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS Mayor Lozano introduced Mariana Lake, who was nominated by Congresswoman Judy Chu for the "Woman of Distinction Award." Mayor Lozano presented Ms. Lake with a Certificate of Recognition and thanked her for her continued hard work. Bryan Urias, President of the Upper San Gabriel Valley Municipal Water District and Field Deputy for Congresswoman Chu, congratulated Ms. Lake and commended her on her commitment and tireless dedication. Ms. Lake expressed her appreciation for the award and expressed commitment to her continued volunteer work. Marc Castagnola, on behalf of the Arbor Day Foundation, presented a plaque to signify that the City of Baldwin Park has been recognized and designated as a "Tree City U.S.A" for 2011, noting that the City of Baldwin Park not only met, but exceeded the Tree City standards established by the Arbor Day Foundation. Mayor Pro Tem Rubio presented a Proclamation recognizing Arbor Day. PUBLIC COMMUNICATIONS Mayor Lozano invited the public to speak on Public Communications at 7:14 p.m. Lynda Norm, representing Valley County Water District, announced that they will be participating in the Arbor Day Celebration and Earth Day Forum; announced that they will be hosting a Water Awareness Celebration on May 19th to recognize that May is Water Awareness month. Greq Tuttle, a local resident and business owner, stated Council had committed at a previous meeting to speak with staff to expedite the public records request submitted by Mr. Tuttle; opined that it shouldn't take so long to fulfill such requests; commended on a special meeting of the City Council and Planning Commission with regard to redevelopment; stated that he was impressed with the cooperation of the two agencies and appreciated that the decisions made were a benefit to the community; commented on recently granted CDBG funds and expressed concern about code enforcement receiving $200,000 from that funding source; noted that he will be watching to make sure code enforcement is not utilizing the funds inappropriately; expressed great concern regarding the recent water contamination incident and the fact that communication with the community and authorities was poor at best; he thanked Mrs. Pacheco for speaking with the Water Department to avert having the water shut off on Ramona Boulevard until after hours when it would not negatively impact local businesses. Ken Woods, local business owner and resident, stated that he, too, had attended the joint meeting of the City Council and Planning Commission and he expressed appreciation for the Council's approach to decision making with the best interests of the citizens in mind. Page 2 of 9 Cruz Baca, a Baldwin Park resident, congratulated Ms. Lake on her recognition and also mentioned in recognition Irmenia "Mini" Perez, who is also a dedicated volunteer and reaches out to children in the local community. AI Care—trams, a local resident, congratulated the City on planting in excess of 300 trees and being recognized as a Tree City U.S.A. by the Arbor Foundation; expressed concern regarding the types of trees being planted because some of the species chosen may present problems when the trees reach maturity; volunteered to assist with selection of trees and location of those trees. Lynda Noriega returned to the podium briefly to make clarification that the water contamination issue occurred outside of the boundary area and under the jurisdiction of a different water agency (San Gabriel Water Company); informed everyone that the Valley County Water District worked with local police and health officials to deal with the situation and have communicated as to how to deal with such matters if they should occur in the future. Mayor Lozano stated that Council would be holding a Joint Study Session at some future date with all three water agencies to discuss communications and procedures in the event of an emergency such is what occurred. Richard Bri c , a Baldwin Park resident, opined that the zoning changes and new rules would adversely affect his property and that the rules and regulations are unfair to new and existing property owners. "[ear r�Muse, Waste Management, announced that Waste Management would be participating in the Earth Day and Arbor Day Celebrations by donating trees, and will be honoring some long time employees; announced that the Earth Day Forum, which will feature a variety of local agencies including water authorities and the school districts to educate the community on recycling, public safety, sustainability and environmental preservation. Mayor Lozano closed Public Communications at 7:33 p.m. CONSENT CALENDAR Mayor Pro Tem Rubio requested Item No. 4 be pulled from the consent calendar for separate consideration. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 3 of 9 2. CLAIM REJECTION Staff recommends City Council reject the claim of Christopher Beltran, Maria Beltran, Evelen Maria Andrade, and Karina Rodriguez and direct staff to send the appropriate notice of rejection to claimant. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. SUPPORT RESOLUTION FOR CITY OF ONTARIO IN SUPPORT OF THE TRANSFER OF ONTARIO INTERNATIONAL AIRPORT (ONT) TO LOCAL CONTROL Staff recommends City Council adopt Resolution No. 2012-010 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK IN SUPPORT OF THE TRANSFER OF ONTARIO INTERNATIONAL AIRPORT (ONT) TO LOCAL CONTROL." A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to approve and adopt Resolution No. 2012-010 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK IN SUPPORT OF THE TRANSFER OF ONTARIO INTERNATIONAL AIRPORT (ONT) TO LOCAL CONTROL." AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. TELEVISION LOCATION AGREEMENT/PILGRIM OPERATIONS, INC. Staff recommends City Council approve the agreement with Pilgrim Operations, Inc. Mayor Pro Tem Rubio expressed some concern regarding this contract as it would entail camera crews to follow police officers around to record their activities, noting that it is considered a "reality tv show." She opined that some may find the camera crews invasive and she asked whether there should be any concern. Captain Reynoso responded to the Mayor Pro Tem's concerns, noting that the video activities would only entail using the police department and proximate areas as background and the City Attorney opined that there are no real issues from a liability standpoint. A motion was made by Rubio, seconded by Pacheco, and carried (5 — 0) to approve the agreement with Pilgrim Operations, Inc. AYES: Garcia, Garcia, NOES: None. ABSENT: None. ABSTAIN: None. Lozano, Pacheco, Rubio Page 4 of 9 5. 6 NOTICE OF COMPLETION - INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF BADILLO STREET AND WILLOW AVENUE Staff recommends City Council 1) Accept the construction improvements by Macadee Electrical and authorize the recordation of a Notice of Completion; and 2) Authorize the payment of $14,435 in retention funds to Macadee Electrical upon expiration of the 35 - day lien period. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to 1) Accept the construction improvements by Macadee Electrical and authorize the recordation of a Notice of Completion; and 2) Authorize the payment of $14,435 in retention funds to Macadee Electrical upon expiration of the 35 -day lien period. AYES: Garcia, Garcia, NOES: None. ABSENT: None. ABSTAIN: None. Lozano, Pacheco, Rubio NOTICE OF COMPLETION - INSTALLATION OF HSIP SPEED FEEDBACK SIGNS AND WARNING FLASHERS CONSTRUCTED BY CT&F, INC. Staff recommends the City Council 1) Accept the construction improvements by CT&F, Inc., and authorize the recordation of a Notice of Completion; and 2) Authorize the payment of $14,217 in retention funds to CT&F,Inc. upon expiration of the 35 -day lien period. A motion was made by Lozano, seconded by Garcia, and carried (5 -- 0) to 1) Accept the construction improvements by CT&F, Inc., and authorize the recordation of a Notice of Completion; and 2) Authorize the payment of $14,217 in retention funds to C T & F, Inc., upon expiration of the 35 -day lien period AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. RECEIVE AND FILE TREASURER'S REPORT: FEBRUARY 2012 Staff recommends the City Council receive and file the February 2012 Treasurer's Report. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to receive and file the February 2012 Treasurer's Report. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 5 of 9 SET MATTERS — PUBLIC HEARINGS & CONTINUED FROM NOVEMBER 16, 2011- HOUSING ELEMENT UPDATE (AGP-114) It is recommended by the Planning Commission and Staff the City Council open the public hearing, receive any public comments, and following the public hearing adopt Resolution No. 2011-038 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AN UPDATE TO THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 2008-2014 PLANNING PERIOD AND ADOPT THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (APPLICANT: CITY OF BALDWIN PARK; CASE NO. AGP-114)." City Planner Amy Harbin noted that, because it had previously been presented to Council, she could reiterate what was already presented or Council could issue direction accordingly. Mayor Lozano concurred and proceeded. Mayor Lozano opened the Public Hearing at 7:37 p.m. and invited those wishing to speak in favor of this item to come forward. Greg Tgttl, Baldwin Park business owner, noted that further review of this item would be a wise decision and he also asked whether any action has been taken with regard to Ordinance 1290 zoning issue; opined that he would like to make sure that everyone is on track. Seeing no others wishing to speak in favor of this item, Mayor Lozano invited those wishing to speak in opposition to come forward and be heard. Seeing no others wishing to speak, Mayor Lozano closed the Public Hearing at 7:39 p. M. With the conclusion of the Public Hearing, City Planner Harbin came forward to respond to further questions but, there being none, she concluded her presentation. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to open the public hearing, receive any public comments and, following the public hearing, adopt Resolution No. 2011-038 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AN UPDATE TO THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 2008-2014 PLANNING PERIOD AND ADOPT THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (APPLICANT: CITY OF BALDWIN PARK; CASE NO. AGP-114)." AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 9. CONTINUED FROM NOVEMBER 16, 2011- Comprehensive update to Chapters 152 (Subdivision Ordinance) and 153 (Zoning Ordinance), establishment of new City- wide Design Guidelines and Landscape Design Manual and amendments to the General Plan Land Use Policy Map and Zoning Map (Location: Citywide; Case Numbers: AGP-115, Z-553, AZC-163 and DRG 11-1). Page 6 of 9 Staff and the Planning Commission recommend the City Council open the public hearing, receive any public comment, and following the public hearing adopt the following: 1) Resolution 2011-035, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING AN AMENDMENT TO THE GENERAL PLAN LAND USE POLICY MAP (LOCATIONS: VARIOUS; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER AGP- 115)"; and 2) Introduce for first reading, by title only and waive further reading, Ordinance 1346, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING RESTATEMENTS AND AMENDMENTS OF TO CHAPTERS 152 (SUBDIVISION REGULATIONS) AND 153 (ZONING CODE) OF THE BALDWIN PARK MUNICIPAL CODE AND THE CITY'S ZONING MAP (LOCATIONS: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBERS: Z-553 AND AZC-163)"; and 3) Resolution 2011-036 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHI8NG CITY-WIDE DESIGN GUIDELINES AND LANDSCAPE DESIGN MANUAL (LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: DRG -11-1). City Planner Amy Harbin provided a narrative of the changes and purpose of the ordinance changes; explained some of the specific changes and what that may mean to those within the various zones. Following the presentation, Mayor Lozano opened the Public Hearing at 7:44 p.m. and invited those wishing to speak in favor to come forward and be heard, rgjuttle, Baldwin Park business owner, spoke about the cost associated with the Conditional Use Permits (CUP) and suggested that they should try to be more business friendly; opined that the areas will not be populated unless the community is more business friendly. Cruz Baca, Baldwin Park resident, complimented staff on the work they did in preparing the proposed zoning changes and noted that she is starting to see new businesses come into the community; opined that growth may be slow but there is progress. Seeing no others wishing to speak, Mayor Lozano closed the Public Hearing at 7:47 p.m. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to open the public hearing, receive any public comments and, following the public hearing, adopt: 1) Resolution 2011-035, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING AN AMENDMENT TO THE GENERAL PLAN LAND USE POLICY MAP (LOCATIONS: VARIOUS; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER AGP-115)"; and Page 7 of 9 2) Introduce for first reading, by title only and waive further reading, Ordinance 1346, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING RESTATEMENTS AND AMENDMENTS OF TO CHAPTERS 152 (SUBDIVISION REGULATIONS) AND 153 (ZONING CODE) OF THE BALDWIN PARK MUNICIPAL CODE AND THE CITY'S ZONING MAP (LOCATIONS: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBERS: Z-553 AND AZC-163)"; and 3) Resolution 2011-036 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISH18NG CITY-WIDE DESIGN GUIDELINES AND LANDSCAPE DESIGN MANUAL (LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: DRG -11-1). AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS 10. REVIEW OF COMMISSION APPLICANTS AND CONSIDERATION OF APPOINTMENTS AND/OR REAPPOINTMENTS TO FILL THE JUNE 30, 2011 SCHEDULED VACANCIES FOR THE HOUSING COMMISSION AND PERSONNEL COMMISSION. Staff recommends the City Council review all Commission applications and provide direction to staff. This item was moved to the next Regular Meeting. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Mayor Manuel Lozano for discussion and consideration on the following: • Discussion Regarding Water Efficient Retrofit of Barnes Park Spray Pool in Baldwin Park, and recognition of President Bryan Urias and the Upper San Gabriel Valley Water District Board of Directors for securing a $75,000 grant towards the project. Mayor Lozano extended appreciation to Mr. Urias and the Upper San Gabriel Valley Water District Board of Directors' assistance with securing this grant. Request by Mayor Pro Tem Rubio for discussion and consideration on the following:. • To order a plaque to commemorate our new designation "Tree City USA" and permanently place it at Morgan Park. Page 8 of 9 Mayor Pro Tem Rubio requested that a bronze plaque be prepared and installed to commemorate Morgan Park. Councilmember Garcia commented on the request, noting that bronze can be rather expensive and suggesting that an alternate material be chosen. Mayor Pro Tem concurred. Councilmember Pacheco noted that there was a significant amount of flooding along Ramona as a result of the recent rain; asked why this flooding is still occurring and directed staff to look into this so that work can be done to alleviate the problem. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Garcia, to adjourn the meeting at 8:02 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Page 9of9 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING OCTOBER 3, 2012, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:05 p.m INVOCATION The invocation was provided Councilmember Pacheco, PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL Council Member Marlen Garcia Council Member Ricardo Pacheco Council Member Monica Garcia Mayor Pro Tem Susan Rubio Mayor Manuel Lozano ANNOUNCEMENTS Councilmember Pacheco asked that Council keep in their prayers Don Reynosa and his family, long-time Baldwin Park residents as he was recently diagnosed with cancer. Mayor Lozano asked that the Council meeting be closed in memory of Nelson Lake, brother of Valley County Water Authority Director Marianna Lake, and that deepest condolences be extended to the family. Councilmember Monica Garcia requested that this meeting be closed in memory of Jose Rodriguez, a long-time resident of Baldwin Park, and extended condolences to his family. Councilmember Marlen Garcia asked that the Council meeting be closed in memory of Barbara Burrola wife of former Irwindale Councilmember Larry Burrola, and former instructor with Baldwin Park Unified School District; extended condolences to the family and friends. Mayor Pro Tem Rubio commended participants of the recent "Relay for Life" Cancer Awareness event and encourage everyone to come out at next year's event; also expressed appreciation for the woman who hosted the vigil walk for the Gold Star Mothers recognizing those mothers who lost loved ones in war. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS None. City Council Regular Meeting Minutes PUBLIC COMMUNICATIONS 10/3/12 Mayor Lozano announced Public Communications as open at 7:09 p.m. and announced that speakers are allowed three (3) minutes for each speaker. Pak and Norm Klern,z, with League of Women Voters, provided information and announced that the Los Angeles County Registrar of Voters is seeking Poll Workers; stated that there is a poll worker shortage and encouraged citizens to apply; stated that poll workers are paid and receive full training; provided location and schedule on which the League would be providing an overview of ballot measures at no cost. Nosandrg_N oa , Resident of Baldwin Park, expressed concern because she read that the City plans to disband the Baldwin Park Police Department and have the County Sheriff's Department provide law enforcement services; pointed out that the community objects to having the Sheriff take over; also expressed distress about problems at checkpoints (DUI checkpoints) because searching are being conducting in violation of policy; stated that she and others in the community with to work with the police department to make Baldwin Park a better place for everyone. [Translation from Spanish by City Clerk] Unidentified S eaKr, stated that many of the problems with the police department are policy related, not because of individual officers; pointed out that the community wants to keep the police department but that staff needs to adhere to policy; opined that having the Sheriff in the community would be worse than having checkpoints; requested that Council keep the police department, keep things honest and do not bring the Sheriff in. Abel Ramos, Baldwin Park resident, stated that she, along with her family, object to bringing in the Sheriff. Juan Rios, Baldwin Park resident, opined that the issue of whether to disband the police department and bring in the Sheriff is more of a retaliatory act and is politically driven. Anna Tfo„y, representing BP Rack, expressed support, on behalf of the community, for Ordinance No. 1352 because the residents feel there is a lot of trash in the fast food areas. Christina Cardenas, Center for Public Health Advocacy, announced a new program that is being launched called "Kids on the Move;" also expressed support for Resolution No. 1352 and the addressing of trash in the fast food and drive-thru areas. Unidentified Speaker representing the California Mental Health Connection announced that the group is partnering with Home Depot to host an upcoming event at which children will have a chance to play and do crafts. UnidentifiedS aeakerr, asked that the City keep the Baldwin Park Police Department and objects to having the Sheriff's Department come in because they are not part of the community. Marile na Arenas, Facility Service Manager for Starbucks Coffee, spoke regarding a newly remodeled store at La Puente and 1-10; noted that Starbucks takes great pride in keeping the grounds around their stores clean and well kept; stated that Starbucks has attempted to work with the property owner to work on the landscape around all of their stores; pointed out that Starbucks holds a very high standards as to maintaining the exterior as well as the interior of their stores; offered that there are other options as opposed to modifying the municipal code. Page 2 of 10 City Council Regular Meeting Minutes 10/3/12 Bessie P lite , Quality Assurance Director for Starbucks Coffee, stated that she has made several efforts to provide data to the City but staff was not available to review the materials; asked what data the City had collected and what research had been done by staff that would lead to the passing an ordinance when California Health Code already regulates trash receptacles and other areas of concern; requested that Council reconsider the municipal code change and look at alternatives. Iden Wood , Baldwin Park resident and business owner, expressed objection to Ordinance No. 1352 and asked Council to reject the request. Mario Maci 1, Baldwin Park resident, extended a request on behalf of himself and all of the community to reject the proposal of bringing in the County Sheriff to provide law enforcement services; asked that Council find other solutions to address the budget shortfall and not eliminate the police department; pointed out that it would only create problems. !Druz Baca, Baldwin Park resident, spoke as one of the many citizens of Baldwin Park; opined that it is easy to blame others for the budget problems and that the community wants accountability; stated that everyone wants the police department to stay; pointed out that the City had borrowed money from the Asset Forfeiture account and funds have not been repaid; expressed disappointment that the City's budget and internal structure has fallen apart and there is no accountability. Mugu l Ve�slin, Baldwin Park resident, spoke in support of keeping the Baldwin Park Police Department and stated that the local police department does a good job; asked why Council wants to get rid of the police department; pointed out that the Sheriff's Department is fine in areas that need them but that the local department much more efficient and community oriented. Rafael Gonzalez, Baldwin Park Librarian, announced upcoming events being hosted by the library; extended an invitation to everyone in the community to come a library book sale on October 20 — 24; announced a Book Mark Contest for elementary school students; announced that the library will host a events to celebrate Hispanic Heritage Month. Estaransa Cardenas, Baldwin Park resident, stated that she had spoken at the previous meeting before Council and was told that someone from the City would contact her; stated that no one has contacted her and she wants to know why; stated that her son was sexually abused and no one has done anything; said that her son was arrested and has been transferred to County Jail, has asked for assistance and is not getting any response. Councilmember Rubio asked that the allegations be investigated and reported back to Council so that the public knows that the allegations are false. Chief Hadsell stated that she has asked for details from Ms. Cardenas so that an investigation can be conducted but Ms. Cardenas has refused; noted that her son is an adult and must file a report himself. /lard Ferrer, spoke on the matter of changing local law enforcement from the City police department to the County Sheriffs; expressed disappointment in those people who spoke out about the issue (as part of the group "The Voice") and that many have already left the meeting without staying to hear full discussion on the topic; stated that she believes that information is being withheld of not clearly communicated to those who do not speak English; feels that the community needs to unite. Page 3 of 10 City Council Regular Meeting Minutes 10/3/12 There being no additional speakers, Mayor Lozano closed public communications at 7:51 p.m.. Mayor Lozano opined that "La Vos" ("The Voice") has been propagandizing the issue and asserted that those responsible should be shameful of their conduct; said that scare tactics are being used to get immigrants to speak out yet they are not fully informed on the issues; requested that Chief Hadsell provide a recap of her experience at the 'public forum' meeting hosted by "The Voice." Chief Hadsell was in attendance at the public forum but was not allowed to speak; stated that the group had represented three points that were wholly false and when she attempted to speak out to correct the falsities, she was prohibited from speaking. CONSENT CALENDAR Councilmembers pulled Item Nos. 5, 6 and 7.. 1. CLAIM REJECTION Staff recommends City Council reject the claim of Antonio Herrera and direct staff to send the appropriate notice of rejection to claimant. Motion was made by Lozano, seconded by Garcia, carried (5-0) to ratify the attached Warrants and Demands. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN. None. 2. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands. Motion was made by Mayor Lozano, seconded by Garcia, carried (5-0) to ratify the attached Warrants and Demands. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None, ABSENT: None. ABSTAIN: None. 3. TREASURER'S REPORT: AUGUST 2012 Staff recommends the City Council receive and file the Treasurer's Report for August 2012. Motion was made by Lozano, seconded by Garcia, carried (5-0) to receive and file the Treasurer's Report for August 2012. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None, ABSTAIN: None. 4. ADDITION OF CHAPTER 126 TO THE BALDWIN PARK MUNICIPAL CODE ESTABLISHING NEW REGULATIONS REQUIRING REFUSE RECEPTACLES AT THE Page 4 of 10 City Council Regular Meeting Minutes 10/3/12 TERMINUS OF DRIVE-THROUGH EATING FACILITIES. Staff recommends City Council introduce by first reading by title only Ordinance 1352, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 126 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO TRASH RECEPTACLES AT DRIVE-THROUGH EATING FACILITIES (APPLICANT: CITY OF BALDWIN PARK)." Motion was made by Lozano, seconded by Garcia, carried (5-0) to introduce by first reading by title only Ordinance 1352, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING CHAPTER 126 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO TRASH RECEPTACLES AT DRIVE-THROUGH EATING FACILITIES (APPLICANT: CITY OF BALDWIN PARK)." AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 5. TASTY THURSDAY'S WEEKLY FUNDRAISER FOLLOW UP REPORT Staff recommends City Council receive and file the report. Mayor Pro Tem Rubio asked that Director Manuel Carrillo provide clarification as to compliance with licensing requirements and to respond to questions that were brought up at a previously meeting. Director Carrillo stated that documents attached to the staff report presented at the previous meeting were, in fact, from a previous year and that corrected information and documentation has been provided. Motion was made by Lozano, seconded by Rubio, carried (5-0) to receive and file the report AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAINu None. 6. AUTHORIZE THE CONSTRUCTION OF DEDUCTIVE ALTERNATE ITEMS NO. 1 AND 13, AND PAYMENT OF MTA FUNDS MANAGEMENT COSTS FOR THE CITY OF BALDWIN PARK TRANSIT CENTER PROJECT Staff recommends that the City Council: (1.) Approve a contract amendment with PCL Construction Services Inc. for construction of Deductive Alternate No. 1 at a cost of $275,000; and (2.) Approve a contract amendment with PCL Construction Services Inc. for construction of Deductive Alternate No. 13 at a cost of $51,267; (3.) Authorize increasing contingency funds by an additional $107,422 for a total available amount of $150,000; (4.) Authorize the Mayor to execute a contract amendment after a review by the City attorney and after it has been executed by the contractor; (5.) Authorize the Finance Director to appropriate $200,000 from Park Land Fee fund; (6.) Authorize the Finance Director to appropriate an additional $317,096 from Prop C funds; (6.) Direct the Chief Executive Page 5 of 10 City Council Regular Meeting Minutes 10/3/12 Officer or his designee to seek necessary approvals and complete paperwork to use these funds. Mayor Pro Tem Rubio expressed concern regarding some of the fund amounts presented for consideration; stated that the line item costs presented do not add up to the total amount requested for approval of $517,096, resulting in an $83,407 difference; requested that Chief Executive Officer Singhal provide clarification. CEO Singhal explained that the additional amount is a fee that MTA charges the City to administer the grant Councilmember Pacheco requested that the staff report be corrected and the correction be read into the record to insure that the amount approved is fully disclosed. Motion was made by Pacheco, seconded by Lozano, carried (5-0) to (1.) Approve a contract amendment with PCL Construction Services Inc. for construction of Deductive Alternate No. 1 at a cost of $275,000; and (2.) Approve a contract amendment with PCL Construction Services Inc. for construction of Deductive Alternate No. 13 at a cost of $51,267; (3.) Authorize increasing contingency funds by an additional $107,422 for a total available amount of $150,000; (4.) Authorize the Mayor to execute a contract amendment after a review by the City attorney and after it has been executed by the contractor; (5.) Authorize the Finance Director to appropriate $200,000 from Park Land Fee fund; (6.) Authorize the Finance Director to appropriate an additional $317,096 from Prop C funds; (7.) Direct the Chief Executive Officer or his designee to seek necessary approvals and complete paperwork to use these funds; and approve the amount of $83,407 as part of the appropriations to be paid to the MTA for grant fund administration. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. ADOPTION OF RESOLUTION NO. 2012-037 APPROVAL TO APPLY FOR GRANT FUNDS FROM THE LAND AND WATER CONSERVATION FUND FOR THE BARNES PARK FITNESS ZONE Staff Recommends the City Council: 1) Waive further reading, read by title only and adopt Resolution No. 2012-037 entitled "RESOLUTION OF THE CITY OF BALDWIN PARK APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUND BARNES PARK FITNESS ZONE"; and 2) Authorize the Director of Recreation & Community Services to execute any further documents. Motion was made by Lozano, seconded by Rubio, carried (5-0) to 1) Waive further reading, read by title only and adopt Resolution No. 2012-037 entitled "RESOLUTION OF THE CITY OF BALDWIN PARK APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUND BARNES PARK FITNESS ZONE"; and 2) Authorize the Director of Recreation & Community Services to execute any further documents. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 6 of 10 City Council Regular Meeting Minutes REPORTS OF OFFICERS 10/3/12 8. RESALE OF NEIGHBORHOOD STABILIZATION PROGRAM (NSP) PROPERTY LOCATED AT 4009 PUENTE AVENUE, BALDWIN PARK, CALIFORNIA Staff recommends the City Council 1) approve the household selected and qualified to purchase the NSP property, and 2) authorize staff to process the purchase agreement as prepared by the City Attorney for the Neighborhood Stabilization Program (NSP) property located at 4009 Puente Avenue. Housing Manager Suzie Ruelas narrated a PowerPoint presentation to illustrate the purpose of the program and the parameters in which sale of the property will be considered; Ms. Ruelas introduce the party purchasing the property, Ms. Edith Vasquez, a single mother of two children, a City of Baldwin Park employee and Baldwin Park resident. Motion was made by Garcia, seconded by Garcia, carried (5-0) to approve the sale of the property located at 4009 Puente Avenue to Edith Vasquez and direct staff to process the purchase agreement as prepared by the City Attorney. AYES: Garcia, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 9. ANALYSIS OF LOS ANGELES COUNTY SHERIFF'S DEPARTMENT'S MUNICIPAL LAW ENFORCEMENT PROPOSAL FOR BALDWIN PARK POLICE SERVICES (PHASE -1 STUDY) It is recommended the City Council 1) receive the LA County Sheriff's Department's Municipal Law Enforcement Proposal for the City of Baldwin Park police services (Phase I Study); and 2) direct staff to proceed with a Phase II Study or 3) provide other direction at the City Council discretion. Chief Executive Officer Vijay Singhal provided a narrative of the recent budget hearings and other factors that have had impact on the City's costs overall; noted that the City has taken several steps to control spending, including cutting staff and programs, and looking at contracting with the Los Angeles County Sheriff's Department for law enforcement services; explained that consideration of contracting with the Sheriff's Department includes a two-step evaluation process, the first of which has been completed at this point; also explained that Council will consider a companion item, that being the consideration of a Public Safety Tax, which would require introduction of a ballot measure to the community and would require a two-thirds vote of the people to succeed; introduced Tom Lange, Chief of Field Operations — Region 3 — Los Angeles County Sheriff's Department, to discuss findings of the first phase of evaluation and to answer questions of Council. Rick Mullen, Contract Law Division, provided an overview of the staff positions and number of staff that would be assigned to Baldwin Park, as well as explaining that some officers that patrol adjacent areas would also be utilizing the Baldwin Park station for reporting; explained that billing under the contract is based on hours of service rather than staff member specific; responded to questions from Council. Page 7 of 10 City Council Regular Meeting Minutes 10/3/12 Councilmember Rubio asked about the possibility that existing Baldwin Park Police staff will be absorbed into the Sheriff's staff, should the contract be approved; noted that there is no guarantee of employment but that placement would be equitable. Councilmember Pacheco asked about the "enhanced services" that would be included as part of the contract, to which Mr. Mullen explained that the services are available to all cities but that those services may be hindered by response priority (contract cities getting preference); Councilmember Pacheco also inquired about costs associated with gang units, to which the response was that these services are covered in the cost; lastly, Councilmember Pacheco asked about how unlicensed drivers would be handled and what policy is exercised in that respect. Discussion continued regarding the rates associated with the contract and average contract increases on an annual basis; the variables that can affect the annual costs and that the contract value will only change at the beginning of each contract term, Motion on this item appears below Item No. 10 herein. 10. ANALYSIS OF PUBLIC SAFETY TAX OPTIONS Staff recommends that the City Council provide direction regarding the timing, type and amount of the proposed Public Safety Tax. Chief Executive Officer Singhal explained that some programs may not be affected by a change to contract law enforcement services such as Code Enforcement, Parking Enforcement, Crossing Guards and other services. The presentation continued with a PowerPoint to illustrate the current financial position, current and future obligations, and costs that can vary; comparisons were done if some programs are eliminated and the Sheriffs contract is approved; noted that the start-up costs associated with the contract will be for the first year only. Councilmember Pacheco expressed great concern because budgetary figures that appear in three different reports do not agree; provided a spreadsheet that he developed to reflect what he believes to be the true and correct figures. Discussion ensued as the budgetary figures for Asset Forfeiture, Grants and other sources are in question as to whether there is any savings by pursuing a contract with the County, and whether the figures presented in the staff reports are accurate; concern was expressed about whether certain grants would be lost due to the change. After extensive dialog between Council and the Finance Director; Council expressed concerns and asked that additional clarification be provided for further and more in depth review. Motion was made by Lozano, seconded by Garcia, to 1) receive the LA County Sheriff's Department's Municipal Law Enforcement Proposal for the City of Baldwin Park police services (Phase I Study); and 2) direct staff to proceed with a Phase II Study. Mayor Pro Tem Rubio and Councilmember Pacheco both voiced objection to the motion. Page 8 of 10 City Council Regular Meeting Minutes 10/3/12 Mayor Lozano called upon the City Clerk to conduct a Roll Call Vote. Motion was made by Lozano, seconded by Garcia, and carried (3 — 2; Rubio and Pacheco opposed) to 1) receive the LA County Sheriff's Department's Municipal Law Enforcement Proposal for the City of Baldwin Park police services (Phase I Study); and 2) direct staff to proceed with a Phase II Study AYES: Garcia, Garcia, Lozano NOES: Rubio, Pacheco ABSENT: None, ABSTAIN: None. CITY COUNCIL I CITY CLERK I CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Councilmember Ricardo Pacheco for discussion and direction to staff on the following: Look into Electronic Filing of FPPC Form 700. Councilmember Pacheco announced that a recent passage of law allows for filing the Fair Political Practice Commission's Form 700 electronically and suggested that Council and staff take advantage of that new feature. Due to a lack of maintenance on city landscape areas and the city not compliant with municipal landscape standards and codes Councilmember Ricardo Pacheco is requesting the Department of Public Works management to prepare and present to the City Council a Comprehensive Landscape Maintenance Program on the last meeting in October 2012. The plan should delineate a task clean-up description, budget, monthly implementation schedule and work crew assignments. Councilmember Pacheco stated that the City needs to be setting the example for residents by maintaining landscaping and other areas throughout the city; noted that there are several areas where plants and trees are not being maintained and the dying vegetation is unsightly; directed staff to take action to address these problems. Request the Police Department provide the City Council a security plan for the Metro Link parking area by the first meeting in November. This request is based on the number of high burglary and theft reports from Metro Link users regarding vehicles and personal property. Councilmember Pacheco stated that there have been several instances of vandalism and theft from vehicles parked in the Metro Link parking garage; directed staff to work with the Police Department to implement a security program that will catch the perpetrators and mitigate future incidents. Page 9 of 10 City Council Regular Meeting Minutes ADJOURNMENT 10/3/12 A motion was made by Lozano, seconded by Garcia, and carried (5-0) to adjourn the meeting at 10:40 p.m. Mayor ATTEST: City Clerk APPROVED: Page 10 of 10 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING DECEMBER 2, 2015, 6:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 6:00 p.m. by Mayor Lozano. ROLL CALL PRESENT: Councilmember Ricardo Pacheco Councilmember Monica Garcia Councilmember Susan Rubio Mayor Pro Tem Cruz Baca Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 6:00 p.m. Seeing no one wishing to speak, Public Communications closed at 6:00 p.m. OPEN SESSION There being no items for consideration in Open Session, Mayor Lozano recessed Open Session to Closed Session at 6:01 p.m. RECESS TO CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Cook v. City of Baldwin Park, Case Numbers: 2:15 -CV -4163 2. PUBLIC EMPLOYEE APPOINTMENT (GC §54957): Title: Finance Director Page 1 of 2 RECONVENE OPEN SESSION AND ADJOURN SPECIAL MEETING Following Adjournment, Council proceeded to the First Floor Courtyard Level of City Hall between the ARC and Council Chambers for: Presentation of the new Baldwin Park Transit Bus ♦ Tour of the new Baldwin Park Police Department Emergency Command Center Vehicle ADJOURNMENT There being no further business, the meeting was adjourned at 6:30 p.m. REPORT ON CLOSED SESSION Mayor Lozano reported out during the Regular Meeting that no reportable action was taken during Closed Session. Mayor ATTEST: City Clerk APPROVED: Page 2 of 2 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING DECEMBER 2, 2015, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:10 p.m. INVOCATION The invocation was provided by Father Mike Gutierrez, St. John the Baptist Church. The room held a moment of silence to recognize those lives that were lost in a fatal shooting that occurred earlier in the day. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Boy Scout Troop 6694 Color Guard. ROLL CALL MEMBERS PRESENT: Council Member Ricardo Pacheco Council Member Monica Garcia Council Member Susan Rubio Mayor Pro Tem Cruz Baca Mayor Manuel Lozano NEW BUSINESS A. APPROVE A RESOLUTION CERTIFYING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 3, 2015 Staff recommends that Council waive further reading, read by title only and adopt Resolution No. 2015-101 entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 3, 2015, AND DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS PROVIDED BY LAW." A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to adopt Resolution No. 2015-101 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 3, 2015, AND DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS PROVIDED BY LAW." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. B. ADMINISTRATION OF OATHS OF OFFICE BY SUPERVISOR HILDA L. SOLIS, FIRST DISTRICT, LOS ANGELES COUNTY BOARD OF SUPERVISORS, AND PRESENTATION OF CERTIFICATES OF ELECTION TO RE-ELECTED OFFICIALS AS FOLLOWS: • Councilmember Monica Garcia • Councilmember Ricardo Pacheco • Mayor Manuel Lozano Hilda L. Solis, Supervisor of the First District of the Los Angeles County Board of Supervisors, administered the Oath of Office for re-elect Councilmember Monica Garcia, re-elect Councilmember Ricardo Pacheco and re-elect Mayor Manuel Lozano. Following each of the recitals, Supervisor Solis presented Council members with their Certificate of Election, a Proclamation of Recognition from Senator Ed Hernandez, a Certificate of Recognition from the Los Angeles Board of Supervisors, a Certificates of Recognition from Congresswomen Grace Napolitano and Judy Chu, and a Proclamation of Recognition from Assemblymember Roger Hernandez. C. COMMENTS BY RE-ELECTED OFFICIALS • Councilmember Monica Garcia • Councilmember Ricardo Pacheco • Mayor Manuel Lozano Councilmember Garcia expressed her appreciation to all those in attendance and for the support of the community; thanked all of the elected officials and dignitaries for their attendance and honoring this event; extended her gratitude to her family and friends for their continued support through this election and her career in public service. Councilmember Pacheco voiced his appreciation to the community, which he sees as "a family," for their support in this election and in continuing to back him over the years; expressed gratitude to his family for their encouragement and support; thanked all of the elected officials and dignitaries for their attendance and honoring this event; spoke of his gratitude to fellow councilmembers for their dedication and his anticipation of a successful future. Councilmember Rubio expressed congratulations to the re-elected mayor and council members; thanked all who made the election a success and spoke of the desire to work towards a prosperous future. Mayor Pro Tem Baca extended congratulations to the re-elected mayor and council members, noting that all members of council will work to serve the citizens, to create a thriving economy and community. Mayor Lozano spoke of his long service with the City of Baldwin Park, how much he appreciates the support of the community and his dedication to its citizenship; thanked all of the elected officials and dignitaries for their attendance and honoring this event; extended his gratitude to his father and his family for their Page 2 of 6 continued support and to the people of Baldwin Park for voting him to his 9th term of service as Mayor. REORGANIZATION OF THE CITY COUNCIL - SELECTION OF MAYOR PRO TEMPORE Staff recommends that the City Council complete the reorganization of the City Council, and follow the procedure as suggested for the selection of Mayor Pro Tempore as follows: 1) The City Clerk opens the nominations for the office of Mayor Pro Tempore. Any Councilmember may nominate and no second to the nomination is required; 2) After receiving all nominations, the City Clerk closes the nominations; 3) The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the order in which nominations are received until a Mayor Pro Tempore is elected by majority vote. Mayor Lozano made a motion to appoint Councilmember Monica Garcia to the office of Mayor Pro Tem. Mayor Pro Tem Baca made a motion to appoint, in accordance with the established rotation, Councilmember Susan Rubio. Mayor Lozano pointed out that Councilmember Garcia had been skipped over in a previous year, while Mayor Pro Tem Baca referred to the rotation practice as has been followed over the previous years. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to continue this item and bring it back at a future meeting. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. REPORT ON CLOSED SESSION Mayor Lozano stated that no reportable action was taken on items discussed during Closed Session. Motion by Lozano, seconded by Rubio, carried (5-0) to adjourn the December 2, 2015, Closed Session. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None, Page 3 of 6 ANNOUNCEMENTS Mayor Pro Tem Baca asked that the meeting be closed in memory of long time Baldwin Park resident and City employee Mike Madrid who passed away not long ago; extended condolences to Mr. Madrid's family and friends, and to the City's Public Works staff who worked so closely with him over these many years. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS Presentation of Plaque to recognize Emergency Crew at the Los Angeles County Fire Department Station No. 29. Councilmember Monica Garcia presented a plaque in recognition of the Fire Department Personnel for their service and dedication to the community. Mayor Lozano opened Public Communications at 7:22 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. , _pro�e of from the Baldwin Park Adult School announced that Ruben Ciccone successfully completed the educational requirements and received his Doctorate and received an award from the California Supervisors Association. An unidentified p aker extended congratulations to the Mayor and Council members where were re-elected; spoke about the Wayne Manor project and its relative distance from De Anza Elementary School; stated that some parents have taken their children out of De Anza because they are concerned about this project; requested, on behalf of the parents in the neighborhood, that the permit for the Wayne Manor be rejected in order to preserve the safety of the students. Art Luna, Baldwin Park resident, opined that Council is responsible for the City being in debt; made derogatory remarks, pointing to some members specifically; expressed anger with an allegation that the City is wasting taxpayers' dollars and the City is really in debt, not a surplus. Thomas Kerry, congratulated the re-elected candidates; commented on the practice of putting rat poison out to terminate rodents; suggested that strychnine be outlawed and that more humane ways to mitigate rodents should be put into practice. Al Contreras, Valley County Water District, spoke of a water conference that Board members are attending; suggested that residents take affirmative action to prepare for EI Nino, stating that it is very likely that there will be excessive rain due to this phenomenon. Juan Rias, Baldwin Park resident, commented on campaign flyers that were mailed out; commented on which council members are taking recognition for community projects; stated that he and other citizens would be paying close attention to City activities in the future. Grua Tuttle, Baldwin Park business owner, extended congratulations to the re-elected council members; expressed concern regarding a City expenditure for consulting services; commented on the salary increases for management level staff; opined that a current consultant is a former City employee and is allegedly conducting questionable business. Seeing no others wishing to speak, Public Communications closed at 7:39 p.m Page 4 of 6 Mayor Lozano briefly responded to some of the comments made by some individuals who spoke during Public Communications, Councilmember Garcia commented on the behavior and comments made by some individuals who spoke during Public Communications. Mayor Pro Tem Baca recognized the Baldwin Park High School Track and Cross Country Team for their recent competitive accomplishments, Councilmember Rubio reminded everyone of the upcoming Tree Lighting Ceremony and Breakfast with Santa events that are coming up within the next few days. CONSENT CALENDAR WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: NOES: ABSENT: ABSTAIN 2. MEETING MINUTES Baca, Garcia, Lozano, Pacheco, Rubio None. None. None. Staff recommends that Council receive and file the following Meeting Minutes for the Special and Regular Council, and Finance and Housing Authority meetings held on November 18, 2015. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to receive and file the following Meeting Minutes for the Special and Regular Council, and Finance and Housing Authority meetings held on November 18, 2015. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. APPROVE THE APPLICATION FOR GRANT FUNDS FOR THE WATER QUALITY, SUPPLY AND INFRASTRUCTURE IMPROVEMENT ACT OF 2014 (PROPOSITION 1), FOR THE WALNUT CREEK NATURE PARK RESTORATION PROJECT Staff recommends that Council approve and adopt Resolution No. 2015-103, entitled "A Resolution of the City Council of the City of Baldwin Park Approving the Application for Grant Funds for the Water Quality, Supply and Infrastructure Improvement Act Of 2014 (Proposition 1), for the Walnut Creek Nature Park Restoration Project." A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to approve and adopt Resolution No. 2015-103, entitled "A Resolution of the City Council of the City of Baldwin Park Approving the Application for Grant Funds for Page 5 of 6 the Water Quality, Supply and Infrastructure Improvement Act Of 2014 (Proposition 1), for the Walnut Creek Nature Park Restoration Project." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Baca, to adjourn the meeting at 7:46 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED:. Page 6 of 6 STAFF REPORT HUB OF THE SAN GABRIEL VALLEY ITEM NO. TO: Honorable Mayor and City Council members FROM: Daniel Wall, P.E., Director of Public Works / City Engince DATE: December 16, 2015 SUBJECT: RESOLUTION 2015-105 ADOPTING AN ENVIRONMENTALLY PREFERABLE PROCUREMENT POLICY SUMMARY This item adopts an Environmentally Preferable Procurement Policy. FISCAL IMPACT The adoption of an Environmentally Preferable Procurement Policy does not affect the general fund. There is no requirement to purchase on environmentally preferable good or service that is priced higher than a conventional good or service. Adoption of an Environmentally Preferable Procurement Policy is a requirement of Cal - Recycle to participate in its various grant programs. RECOMMENDATION It is recommended that the City Council: Waive further reading, read by title only, and adopt Resolution No. 2015-105, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADOPTING AN ENVIRONMENTALLY PREFERABLE PROCUREMENT POLICY." BACKGROUND The Public Works Department is applying for a rubberized asphalt grant from Cal -Recycle. One of the requirements of the grant is that the City adopt an Environmentally Preferable Procurement Policy. Cal — Recycle also requires this policy for the other grants that it offers including the used oil grant. The City's Purchasing Officer would usually draft procurement policy, however this position is currently vacant and so the Department of Public Works has prepared this policy. This policy encourages City Departments to look for products or services which contain recycled content, can be easily recycled, and/or are less toxic than or conserve energy and/or water when compared to conventional products. This policy does not require the City to procure products that do not perform adequately, exclude competitive pricing, pose a health or safety risk to workers or residents, or are not readily available. LEGAL REVIEW This Report has been reviewed by the City Attorney. ALTERNATIVE The City Council could choose to not approve and adopt this policy, however doing so would prevent the City from receiving Cal -Recycling Grants, ATTACHMENTS A. Resolution 2015-102 Attachment A RESOLUTION NO. 2015-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADOPTING AN ENVIRONMENTALLY PREFERABLE PROCUREMENT POLICY WHEREAS, The City of Baldwin Park desires to use products and services that have reduced impacts on human health and the environment; and, WHEREAS, the Environmentally Preferable Procurement Program will have a beneficial effect on the residents of the City; and, WHEREAS, the spending on goods and services by the combined governments of the United States exceeds more than a trillion dollars each year; and, WHEREAS, the City's leadership role in helping to protect the environment with an Environmentally Preferable Procurement Program will serve as a model for local businesses and private industry; and, WHEREAS, the Environmentally Preferable Procurement Program will augment and enhance previous conservation and pollution reduction programs policy: NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park hereby adopts the following ENVIRONMENTALLY PREFERABLE PROCUREMENT POLICY CITY OF BALDWIN PARK, CA BACKGROUND This policy is intended to direct the City's effort in procuring environmentally preferable products and services, and reflects a strategic commitment to a sustainable future, and green leadership through environmentally preferred purchasing practices. Incorporating environmental considerations in public purchasing decisions will help the City of Baldwin Park meet this commitment by reducing its burden on the local and global environment, and potentially improving local environmental quality. PURPOSE This policy shall be known as the "City of Baldwin Park Environmentally Preferable Procurement Policy." The primary purpose of this policy is to minimize negative environmental impacts of the City's operations by ensuring the procurement of products and services that, to the extent practicable: • Conserve natural resources, materials, and energy; • Reduce toxicity; • Reduce the amount of material sent to landfills; • Maximize recyclability and recycled content; • Increase the use and knowledge of environmentally preferable products that protect the environment. Resolution No. 2015-105 Page 2 of 4 POLICY ELEMENTS It is the policy of the City of Baldwin Park to procure recycled and environmentally preferable products that meet or exceed environmental standards established by governmental or other widely recognized authorities whenever practicable. Examples include Green Seal standards for janitorial products, the U.S. Environmental Protection Agency (EPA) Guidelines for minimum product recycled content standards, and Energy Star certification for energy efficient equipment. 2. Whenever practicable, recycled materials shall be procured and used in City operations (e.g., recycled paper shall be used in copy machines, and for printing purposes by departments). 3. Departments shall examine their purchasing specifications and shall, where practicable, include the use of products which contain post -consumer recycled content, are reusable, are designed to be easily recyclable, or are environmentally preferable, and shall encourage vendors to implement their own environmentally preferable purchasing practices. Contractors that are bidding to provide products and/or services to the City of Baldwin Park, including printing services, shall be encouraged to use products with recycled content whenever practicable. 4. The City of Baldwin Park will favorably consider the selection of recycled and environmentally preferable materials, products and supplies over their non -recycled or non -environmentally preferable alternatives when the availability, fitness, operational efficiency, quality, safety, and price of the recycled or environmentally preferable product is equal to, or better than the non -recycled or non -environmentally preferable alternative. The list of materials, products, and supplies shall include, but not be limited to business office products, alternative fuels, rubberized asphalt, and other items. 5. Departments are encouraged to consider less toxic alternatives when purchasing products or services such as pesticides or pest control services, and to purchase energy and water conserving products whenever possible. 6. The City of Baldwin Park shall comply with all environmental, legislative, and regulatory requirements in the procurement of products and services. Nothing contained in this policy shall be construed as requiring the City, departments or contractors to procure products that do not perform adequately for their intended use, exclude adequate competition, risk the health or safety of workers and residents, or are not available at a reasonable and competitive price in a reasonable period of time. RESPONSIBILITIES Department Responsibilities Ensure that contracts include recycled and/or environmentally preferable products whenever practicable. Departments are to address all environmentally preferable and recycled content purchasing requirements in the development of their bid specifications. Resolution No. 2015-105 Page 3 of 4 2. Ensure that contractors provide recycled content or environmentally preferable products as required by the contract, and that contractors provide certification of recycled content and report amounts used. III. DEFINITIONS The following terms shall have the assigned definitions for all purposes under this policy; A. "Energy Star" means the U.S. EPA's energy efficiency product labeling program. B. "Environmentally Preferable Products and Services" means products and services that have a lesser or reduced effect on human health and the environment when compared with competing products that serve the same purpose. C. "Green Seal" is an independent, non-profit environmental labeling organization. Green Seal standards for products and services meet the U.S. EPA's criteria for third -party certifiers. The Green Seal is a registered certification mark that may only appear on certified products. D. "Less Toxic Alternatives" means products and services that minimize risks to human health, animals, and the environment when compared with similar products used for the same purpose. E. "Practicable" means whenever possible and compatible with local, state, and federal law, without reducing safety, quality, or performance and where the product or service is available at a reasonable cost in a reasonable period of time. F. "Recyclable Product" means a product, which, after its intended end use, can demonstrably be diverted from the City of Baldwin Park's solid waste stream for use as a raw material in the manufacture of another product. G. "Recycled Material" means material and byproducts that have been recovered or diverted from solid waste, and have been used in place of raw or virgin material in manufacturing a product. It is derived from post -consumer recycled material, manufacturing waste, industrial scrap, agricultural waste, and other waste material, but does not include material or byproducts generated from, and commonly reused within an original manufacturing process. H. "Recycled Product" means a product containing recycled material. I. "U.S. EPA Guidelines" means the Comprehensive Procurement Guidelines established by the U.S. Environmental Protection Agency for Federal Agency purchases as of May 2002 and any subsequent versions adopted. Resolution No. 2015-105 Page 4 of 4 PASSED, APPROVED, AND ADOPTED this 16th day of December 2015. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2015-102 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on December 16, 2015 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK ITEM NO. STAFF REPORT V,p,l.D TO: Honorable Mayor and City Councilmembers HUB OF THE FROM: Daniel Wall, P.E., Director of Public Works / City Engin fr SAN GABRIEL DATE: December 16, 2015 VALLEY SUBJECT: APPROVAL AND ADOPTION OF RESOLUTION No. 2015-102 ESTABLISHING A PREFERENTIAL PARKING ZONE ON THE 900, 13100, AND 13200 BLOCKS OF JUDITH STREET AND THE 13100 AND 13200 BLOCKS OF SHAVER STREET SUMMARY Unrestricted parking along Judith Street and Shaver Street between Bess Avenue and the end of the cul-de-sacs creates a situation in which the street cannot be used for parking by residents. This resolution will limit vehicles without a permit to one hour parking between the hours of 8:00 am and 5:00 pm on these blocks. IMPACTFISCAL The initial cost of implementing a preferential parking zone will be less than $400 which will be paid for using restricted Gas Tax Funds. This will have no impact on the General Fund. RECOMMENDATION It is recommended the City Council adopt Resolution No. 2015-102 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ESTABLISHING A PREFERENTIAL PARKING ZONE ON THE 900, 13100, AND 13200 BLOCKS OF JUDITH STREET AND THE 13100 AND 13200 BLOCKS OF SHAVER STREET". BACKGROUND A resident from Judith Street said that cars from the Baldwin Park Medical Center (Kaiser) were parking in these cul-de-sacs negatively impacting the quality of life for the residents. The resident asked if there was something that that City could do. In response, surveys were sent to all addresses along these streets to determine if there is support for establishing a preferential parking district (similar to the ones on Corak Street and on North Badillo). Of the 20 surveys received, 12 (60%) were in favor of establishing a parking permit district and eight (40%) were opposed. The attached resolution will will limit vehicles without a permit to one hour parking between the hours of 8:00 am and 5:00 pm on these blocks. The parking restrictions will be enforced by citation or by the towing of vehicles that are unlawfully parked. If the City Council adopts this resolution, two parking permits will be mailed to each of the homes on blocks to be posted with parking restrictions. The permits will be free. The permits will be issued on a permanent basis with free replacement upon loss or destruction. Each permit is registered for a specific address LEGAL REVIEW Review by the City Attorney is not required,. Establishment of Preferential Parking Zone December 16, 2015 Pape 2 ALTERNATIVES The California Vehicle Code provides the City Council has a great deal of discretion in establishing preferential parking districts at locations throughout the City. In addition to choosing which streets to include within a parking district, the City Council can choose parking restrictions for a district, and the rules for parking permits to be issued in a district. ATTACHMENTS A. Resolution Establishing Preferential Parking Zone Attachment A RESOLUTION NO. 2015-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ESTABLISHING A PREFERENTIAL PARKING ZONE ON THE 900, 13100, AND 13200 BLOCKS OF JUDITH STREET AND THE 13100 AND 13200 BLOCKS OF SHAVER STREET WHEREAS, California Vehicle Code Section 22507 authorizes the City, by ordinance or resolution, to establish preferential parking zones upon certain streets within the City wherein preferential parking privileges may be given to residents or merchants adjacent to such streets; and, WHEREAS, The City Council finds that the currently unrestricted parking along the 900, 13100 and 13200 blocks of Judith Street and the 13100 and 13200 blocks of Shaver Street creates a situation in which the streets cannot be used for parking by the residents which substantially and unreasonably, regularly interferes with the use of a majority of the available street parking on these blocks; and, WHEREAS, Vehicle Code Section 22651(n) permits the tow away/impound of vehicles where a city adopts a resolution prohibiting parking where signage provides notice of such a consequence. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. A preferential parking/tow away zone on Judith Street for the 900, 13100 and 13200 blocks and on Shaver Street for the 13100 and 13200 blocks shall be established and enforced, and the appropriate street signs shall be installed. SECTION 2. Except as otherwise provided in this Resolution, it shall be unlawful for any person to park any motor vehicle on the street along the 900, 13100 and 13200 blocks of Judith Street and the 13100 and 13200 blocks of Shaver Street for more than one hour between the hours of 8:00 am and 5:00 pm, Monday through Friday, without a properly displayed parking permit issued by the City of Baldwin Park. SECTION 3. A maximum of two (2) parking permits per dwelling unit along the 900, 13100 and 13200 blocks of Judith Street and the 13100 and 13200 blocks of Shaver Street Street shall be issued provided the following conditions are met: (1) Permits are free. (2) Permits are issued on a permanent basis with replacement upon loss or destruction. (3) Each permit is registered for a specific address (4) All other parking restrictions must be observed. SECTION 4. Vehicles improperly displaying a parking permit that park in the preferential parking/tow away zone for more than one hour between the hours of 8:00 Resolution No. 2015-102 Page 2 of 2 am and 5:00 pm, Monday through Friday, are subject fines and penalties in accordance with Section 72.04 (F) of the Baldwin Park Municipal Code and/or impoundment. PASSED, APPROVED, AND ADOPTED this 16th day of December 2015. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, ALEJANDRA AVILA, Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2015-102 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on December 16, 2015 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA CITY CLERK ITEM NO. m STAFF REPORT TO: Honorable Mayor and City Councilmembers (�ISAN c o � FROM: Robert N. Tafoya, City Attorney TIME A 3�I�� DATE: December 16,2015 All A`� LLEY SUBJECT: ADOPTION OF RESOLUTION NO. 2015-104 AUTHORIZING -"''''ANO THE CHIEF EXECUTIVE OFFICER TO APPROVE SETTLEMENT CLAIMS WITH A SETTLEMENT AUTHORITY OF UP TO $24,999.00, CONSISTENT WITH GOVERNMENT CODE SECTION 935.4. SUMMARY The City periodically receives liability claims for money and damages for which the City may be responsible. This action will adopt Resolution No. 2015-104 to establish authority for the Chief Executive Officer to settle liability claims up to $24,999.99. FISCAL IMPACT There are no additional savings or costs associated with the adoption of the Resolution. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 2015-104, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Approving and Authorizing the Chief Executive Officer to Approve Settlement of Claims with a Settlement Authority of Up to $24,999.00, Consistent with Government Code Section 935.4." BACKGROUND California Government Code, Title 1, Division 3.6, Part 3 imposes on the City Council certain duties related to claims for money or damages which are presented to the City. Additionally, California Government Code Section 935.4 permits the City Council to authorize a city employee to perform the functions as contained in the Government Code and to compromise and settle any such claims up to a maximum of fifty thousand dollars ($50,000.00). The current practice for the settlement of claims has been that staff handles the daily administration of claims and conducts internal investigations to determine culpability. Staff, along with the Third Party Administrator, then determines if the claim would be rejected or accepted. For claims less than $25,000, staff has been directing the Third Party Administrator to settle the claims under the assumption that City Council had previously provided this authority. However, upon review, it was discovered that a City Council Resolution did not exist which provided this explicit authority to the Chief Executive Officer. LEGAL REVIEW The City Attorney recommends that this Resolution be approved to provide for settlement authority up to $24,999.00, at the determination of the Chief Executive Officer. This will allow for efficient and prompt processing of claims that would otherwise become costly should they become litigated. ALTERNATIVES Council may choose to not approve this Resolution, however, this may result in the procedures and authority becoming convoluted and presents no benefit to the City. ATTACHMENTS #1: Resolution No. 2015-104 RESOLUTION NO. 2015-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING AND AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO APPROVE SETTLEMENT OF CLAIMS WITH A SETTLEMENT AUTHORITY OF UP TO $24,999.00, CONSISTENT WITH GOVERNMENT CODE SECTION 935.4 WHEREAS, Government Code Section 935.4 authorizes cities to adopt a resolution providing settlement authority to a City employee to compromise and settle a claim for up to $50,000.00; WHEREAS, the City Council is desirous of increasing the efficiency of the claims process used by the City of Baldwin Park by providing specific settlement authority to the Chief Executive Officer up to an amount equal to his/her current independent spending authority for services in the amount of $24,999.00. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the Chief Executive Officer is authorized, with the advice of the City Attorney, to compromise and settle any and all claims presented against the City of Baldwin Park up to a maximum of $24,999.00, consistent with Government Code Section 935.4; SECTION 2. That all Resolutions inconsistent herewith are hereby repealed and rescinded; and SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and that this Resolution shall go into effect immediately upon approval. APPROVED AND ADOPTED this December 16, 2015. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK MANUEL LOZANO MAYOR I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution 2015-104 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 December 16, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Alejandra Avila, City Clerk STAFF REPORT TO: FROM: DATE: ITEM NO. ,i Honorable Maya and City Council.i�nembers Mic �wael `fay or, .,hief of Police, December 16, 2015 SUBJECT: PARKING STRUCTURE SECURITY UPGRADES FOR POLICE VEHICLES AND EQUIPMENT SUMMARY This report is seeking City Council approval to authorize the funding for security upgrades to the fifth floor of the parking structure. These upgrades would include an automated vehicle gate, stairwell pedestrian gates, access control readers, additional cameras and security fencing. FISCAL IMPACT There will be no impact to the general fund. The police department will utilize Federal Asset Forfeiture funds. This is an admissible use of Asset Forfeiture funds. RECOMMENDATION Staff recommends City Council approval to: 1. Direct Finance staff to take the necessary action and make a budget appropriation of approximately 5, 15()0 00 10 from Federal Asset Forfeiture fund (205) toward the restricted purchase of parking structure security improvements to upgrade the Police Department's parking lot security, and enhance overall police operations, 2. Authorize the Public Works Director, or his designee, to complete all appropriate steps to complete the purchases and installation of the upgrades associated with this project. BACKGROUND The City Hall Complex and Police Department Facilities have only 34 parking stalls designated for City Police Vehicles. The Police Department currently has 72 vehicles, which include Detective Bureau, Administration, Undercover, Parking Enforcement, and Code Enforcement. The fifth floor of the parking structure has become a popular spot for people to loiter, consume alcohol/drugs, and commit other crimes. It is also a regular hangout for teenagers to race bicycles and skateboards. On September 21, 2015, a male subject was arrested for a sexually related offense on the fifth floor of the structure. On November 17, 2015, a subject was arrested for felony vandalism after damaging four police vehicles, city vehicles, and police employee vehicles. As recent as December 3, 2015, a transient was arrested for a drug related charge on the fifth floor. By limiting access to this area, it becomes less desirable as a location to loiter, as well as provides protection for city assets. The proposed new parking improvements would designate approximately 100 stalls to secure city vehicles and provide safe and secure parking on the top parking level of the parking structure. These additions would also restrict general public access. This area would be secured by an access controlled automated roll -up vehicle gate and two access controlled pedestrian gates at the fifth floor stairwell level. The elevators will also have controlled access to the fifth floor level. Additional cameras would be purchased and linked to the video system currently being used to monitor Access control and secure parking upgrades Dec 16, 2015 Page 2 the parking garage. These steps are necessary to provide security to both our employees and to city owned assets and vehicles. The cost for the completion of this project should not exceed $150.000.00 LEGAL REVIEW This has been reviewed by the City Attorney as to form and content. ALTERNATIVES The alternative would be to not approve the upgrades and continue with the existing parking conditions, ATTACHMENTS None. ITEM NO. STAFF REPORT M/'/'/%�i �.tbyi TO: Honorable C1'l:a o and City Councilmembers (� r FROM: Michael Tay or, Clef of Police sar�o1� DATE: December 16 015 SUBJECT: AUTHORIZE PURCHASE OF POLICE PATROL VEHICLES SUMMARY This report seeks City Council approval for the purchase of five Ford Explorer vehicles and authorization to install and outfit these vehicles with specialized police equipment to be put into service as department black and white patrol vehicles. FISCAL IMPACT Funding of $190,000 for the purchase of these vehicles was included in the FY 2015/16 budget. State Asset Forfeiture Funds will be utilized to equip and outfit the vehicles totaling $28,190.68. The total cost of this project is $218,190.68. RECOMMENDATION Staff recommends City Council approval to: 1. Waive the formal bidding process pursuant to §34.37 of the Baldwin Park Municipal Code on five vehicles as existing cooperative purchasing contracts already exist with other governmental agencies, 2. Waive the formal bidding process for the purchase and installation of the emergency equipment pursuant to §34.23 (C), 3. Authorize the Police Department to purchase the new vehicles and equipment through existing contracts; joining in the cooperative purchasing contracts, or through procedures outlined above, 4. Direct the Director of Finance to take the necessary action to make the required budget transfers and amendments of S190,000.00 to account 404.30.340.58110.00000.2 and $28,190.68 to account 206.30.340.58110.00000.2 for the restricted purchase of new police department vehicles and the equipment to upgrade the police department's patrol vehicles. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchases. BACKGROUND There is a need to replace five Police Department patrol vehicles. These patrol vehicle are over five years old and have reached their useful service life as they are becoming mechanically unreliable. Pursuant to § 34.37 of the Baldwin Park Municipal Code, cooperative -purchasing agreements, staff has sought a bid from Wondries Fleet Group (National Auto Fleet Group) for five Ford Explorers. Wondries Fleet Group has an existing cooperative purchase contract with National Auto Fleet Group which has numerous contracts with municipal agencies across Los Angeles County. Usual purchasing practices in acquiring vehicles and other major equipment is normally completed by following the formal bidding process, as outlined in The Baldwin Park Municipal Code §34.23. This section also provides Ford Explorers December 16, 2015 Paee 2 a mechanism to waive the formal bidding process under certain circumstances. Per §34.37, Cooperative Purchasing Agreements, "Whenever the council finds the public interest and convenience require, the city may purchase city supplies and equipment utilizing purchasing agreements maintained by the county, state or other public agencies without complying with the requirements of this chapter." Additionally, it would also be impractical to put out for public bid the purchase and installation of the emergency equipment. The City's current vendor, "Black and White" has been converting and servicing the City's police vehicles and is located in close proximity to the City. The City currently has an open purchase order with the company and the quality and dependability of the service has been proven. Staff requests Council approve the purchase of equipment and its installation pursuant to Baldwin Park Municipal Code § 34.23 (C) "When the City Council by four-fifths vote determines to dispense with such bidding and other procedures required by the above-mentioned sections in any individual instance upon a finding by the Council that it would be impractical, useless or uneconomical in such instance to follow the procedures, and that the welfare of the public would be promoted by dispensing with the same." LEGAL REVIEW This report was reviewed by the city attorney as to form and content. ALTERNATIVES An alternative is to create specifications and go out to bid, however this would cost staff time and resources and likely not result in any cost savings. In addition it would delay the replacement of the patrol vehicles that are a mission critical asset and needed for daily operations. ATTACHMENTS #1, Quote from National Auto Fleet Group (Wondries Fleet Group) #2, Quote from Black and White Emergency Vehicles City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Date Eatlmriste 11/23/2015 � 585 i Rum City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Customer I Terms Four Ford Utility's I, Net 30 ltemmt I Descillption I MY I IRate I Total 21TRPIL47MC Code 3 47" Multi -Color Lightbar 5 1,755.00 8,775.00T HB6PAK-RB 6 -LED Low Profile Hide a way- Red/Blue 10 66.73 667.30T 1v1R6FM-1113 Code 3 High Powered, water resistant, compact LEDs with TIR Optic 20 71.50 1,430.00T MR617MKIT Code 3 Flush Mount Grommet Kit For MR6 Lighthead 10 11.05 110.50T 5340-2L31 GoRhino Light Ready Push Bumper Ford Interceptor Sedan/Utility 5 330.10 1,650.50T TRX6RB T -Rex Torus 6 -Up Red/Blue wBlack Bezel 10 81,90 819.00T CC -UV -L-18 Troy 18" Ford Utility Console 5 ' 355.00 1,775.00T AC -ARI\ MNT-FX Troy Arm Rest for Low -Profile Consoles 4x7/5x8 Pad 5 121.80 609.00T AC-INBHG Troy 4" Internal Dual Cup Holder 5 42.35 211.75T DP-FDUV-DS-PS Troy Rear Door Panels For 2013 Ford Utility Police Interceptor 5 193.20 966.00T WG -UV -POLY -D... UV Poly Windows 5 231.00 1,155.00T TP-US-SS-TROY10 Troy Stash N Stow Cage with Sliding Center Window W/Diamond 1 5 532.98 2,664.90T Punched Mesh Guard 2-SAB-FDUV-BB Ford Interceptor UV Big Boy Partition Mount 5 0.00 O.00T KP -UV -DAP -SS Troy Ford Stash N Stow Kick Panels 5 104.40 522.00T PS-FDUV-OS-R Prisoner Seat W/Rear Troy Partition 5 1,250.00 6,250.00T CP -UV -CARGO-... Ford UV Tilt Up Cargo Mount 5 292.50 1,462.50T AC,UV-TRA` '-H Troy Equipment Tray for Hinged Platform 5 212.00 1,060.00T HDW-25-GSSE80 Heavy Duty Shocks 10 16.50 165.00T 6001 Top Hat High Amp Timer, 250 amp 1 134.75 134.75T Quotes are subject to change and are Valid for 30 lays I Subtotal $30,428.20 Sales Tax 0%) $2,738.54 Signature ..._...._m�.__. ..__......p Total $33,166.74 161.1. W. Saha Bernardino Rd. Unit E Covina, CA 9:1.722 Office (626) 966-2576 Fax (626) 966-2569 111W.LACKANDWHITEMCOM .BLA.C.1 A .H1TEE .CO S `LACK EMERGENCY VEHICLES Name / Address City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Date Estimate # 12/9/2015 597 Ship To City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Customer I Terms Ford Utilitys Net 30 Item Description I Qty Rate I Total Z3 Deluxe Remote Siren, 20OW Output w/Programmable Push Buttons 5 680.00 3,400.00T and Slide Switches C3IOOFX2 100W Speaker W/2011-2012 Explorer Bracket 5 155.00 775.00T HB6PAK-PI-RB Hideablast 6Pak Red/Blue Twist Lock Ford PI Sedan & SUV 10 65.00 650.00T MR6FM-BW MR6 LED Lightheads Blue/White 5 71.50 357.50T MR6FM-RW MR6 LED Lighthcads Red/White 5 71.50 357.50T CP-GUNBOX-MS Troy Gun Box for Ford Utility 5 900,00 4,500,OOT C-DMM-123 Dash Monitor Mount Base For 2013-2014 Ford Interceptor Utility 5 214.15 1,070.75T C-KBM-101 Havis Keyboard Mounting Plate For TG3 5 70.65 353.25T C -MD -202 Tilt Swivel Motion Device 5 55.30 276.50T C -TCB -7 Universal Telescoping Computer Base, 7" - 14" Side Mount 5 112.65 563.25T MRCB-150 High Amp Manual Reset Breaker, 150 Amp 5 24.05 120.25T BS5026 12 Position Fuse Block w/ground cover, Marine Grade 5 40.35 201.75T BS5028 6 Position Fuse Block w/cover, Marine Grade 5 30.88 154.40T SG-DUAL-SGAR Troy Dual Weapon Mount Vertical for Shotgun/Automatic Rifle 5 210.00 1,050.00T SC -1 Gunlock Small For Pump Shotgun 10 80.45 804.50T SC-5XL SC -5 Universal Gunlock Large # 2 5 110.88 554.40T CUSTGUNRCK Custom Gun Rack 5 85.00 425.00T SC -7009-A 7-40 Second Adjustable Gunlock Timer 5 33.80 169.00T 436486 Larsen 17" RG58/U Dual Shield High Frequency Antenna Coax 10 14.95 149.50T RFU600-1 Mini -UHF Connector RG58 10 2.25 22.50T QW152 Laird 1/4 Wave Antenna, 152-162Mhz 5 7.50 37.50T QW450 Laird 1/4 Wave Antenna, 450-470Mhz 5 7.5011 37.50T WIRE&TERMIN... Wire, Terminals, Tie -Wraps, & Hardware 5 165.00 825.00T FULL,BUILD Installation of all Emergency Equipment into Police Vehicle a Ford 5 1,850.00 9,250.00 Utility Quotes are subject to change and are Valid for 30 Days I Subtotal $26,105.05 Sales Tax (9.0%) $1,516.95 Signature $27,622.00 1611 W. San Bernardino Rd. Unit E Covina, CA 91722 Office (626) 966-2576 Fax (626) 966-2569 JP@BLACKANDWHITEEV.COM WWW.BLACKANDWHITEEV.COM 44905km 0 Sax 3850, All�mr-nbtle,ii, CA 0 131593 IIP!!!°Iax November 23, 2015 Sergeant Ray Findley Baldwin Park Police Department 14403 E. Pacific Avenue Baldwin Park, CA 91706 Delivery Via Email Dear Sergeant Findley, In response to your inquiry, we are pleased to submit the following for your consideration: Wondries Fleet Group will sell, service and deliver at Baldwin Park, new/unused 2016 Police Interceptor Utilities responding to your requirement with the attached specifications for $ 27,789.00 pt its State Sales Tax, and $8.75 tire tax (non-taxable). These vehicles are available tinder the Los Angeles County PO# 15362388-3. Pricing includes black and white paint. Terms are net 30 days. Delivery is 45 to 50 days. Sincerely John Oviyach Wondries Fleet Group ITEM NO. STAFF E: P l�'T' ; i��% yP dbnyr.TO: Honorable Mayor and Members of the City Council HU1101 FROM: Manuel Carrillo, Jr., Director of Recreation & Community Services rw SANc,a)L"DATE: December 16,2015 vLLrSUBJECT: APPROVE THE APPLICATION AND APPOINT THE "4pSVD A00SIERRA VISTA HIGH SCHOOL STUDENT MEMBER TO OFFICE NUMBER 6 OF THE RECREATION AND COMMUNITY SERVICES COMMISSION SUMMARY This report requests City Council review the submitted Student Commission application and appoint the qualified individual to serve on the Recreation and Community Services Commission to fill the current vacancy. At this time, there is only one application for this office. FISCAL IMPACT Student Commissioners serving on the Recreation and Community Services Commission receive a stipend of $50 for each Commission meeting attended. RECOMMENDATION It is recommended that Council approve and appoint Luz E. Mercado, Sierra Vista High School student, to Office Number 6 of the Parks and Community Services Commission. 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 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. On November 4, 2015, staff presented to Council the applications of students from three local high schools; Sierra Vista High School, Baldwin Park High School and North Park High School, for consideration, nomination and appointment to Office Numbers 6, 7 and 8, respectively, of the Parks and Community Services Commission. At that time, Council nominated and appointed students for Office Numbers 7 and 8, but did not make a nomination and selection for Office Number 6. Since that time, one applicant has graduated and no longer qualifies for the office. Attached hereto is the Student Commissioner application from Luz E. Mercado, Sierra Vista High School student, for appointment to the Recreation and Community Services Commission, Office No. 6. ALTERNATIVE Council may choose to reject the applicant and re -advertise the open seat or may choose to not fill the any or all of the open seats. ATTACHMENTS #1 — Application from Sierra Vista High School student Luz E. Mercado #2 — Resolution No. 2015-106 ATTACHMENT STUDENT APPLICANT BALDWIN PARK PARKS AND COMMUNITY SERVICES COMMISSION CITY OF BALDWIN PARK RECREATION I COMMUNITY SERVICES STUDENT COMMISSION INFORMATION FORM Name of Hi��-Achool i6 P1 PAQF= PPINIT RECEIVED MAR 2 3 2015 CITY OF 13ALDWIN PARK CITY CLERKS DEPARTMENT PERSONAL INFORMATION: [To be completed by Student) Name1"Vz . . . . . . .. ................ ...... . ...... Residence Akfdrwsap Age: _/1',;__„m,_ _ ,,, Date ofBirth: ' Social Security ft Home Phone No, Message Phone ------- E-mail address:— fin Grade: --Graduation Yww .......... Name of Parent(s) or Guardian(s), . .... . ..... J” Student lives with; (413othParents Mother Father Guardian Person to call In case of emergency. —V Phone No,�. � 'bake Appointment Date: Re-Appopnflncw Daw ] Personnel Department Stu dent's, ignature � . . . . . . �' %ture ] Recreation Director [ ] Recreation Secretary LE�'HFR OF E-COMMURATION Student's Name of School6 1 I �(�,0jj..,,-...-Graduating Class of -- 2 Home Address— L'19 ------ J-1 L6�1 Home Phone Note to Principal: Please provide a written letter of recommendation for the above named student, Principal's Signature March 20, 2015 cSierra 'Vista 21�h 6choot "Ho►ne of the Dons" 3600 North Frazier Street • Baldwin Park, CA 91706 (626) 960-7711 - Fax(626)856-4050 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 I I Ih 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 eeriter, 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, Cy�. It A. White Principal BALDWIN PARK UNIFIED SCHOOL DISTRICT alarm vista Nlor $0000110 cem"Got to the pollov that all people atoll have equal octal Ito programa APO tecllNa W 1t0at tali rd to ago, Color, oreld, n21141 11 or emolo odple, Monlloop.ron, rendllq or parer. RESOLUTION NO. 2015-106 BALDWIN PARK PARKS AND COMMUNITY SERVICES COMMISSION APPOINTMENT OF STUDENT COMMISSIONERS RESOLUTION NO. 2015-106 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 Number 6 with a qualified student from Sierra Vista 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 _ -........ .... . TERM ENDING _..ry ----- 1 .... �.e e... -__ Joann Watkins (incumbent) ..-_ June 30, 2016 - m _ mm�.......___ 2 ... _ - --- ��.. , Saul Barrientos June 30, 2016 — ..... .... 3 Arecelia Avila (incumbent) June 30, 2016 --- ......... .mm .. . 4 — Ana Luian (incumbent) June 30, 2016 ___. _ ........ ....... 5 (incumbent) Leslie Bnto (!�.rr June 30, 2016 -- ---- ®AAA ......._. - 6 . _ Sierra Vista HS Student June 30, 2016 --------------- 7 Madeline Gutierrez June 30, 2016 8Anthony GrijaIva June 30, 2016 Resolution No. 2015-106 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 16st day of December, 2015. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution 2015-106 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 December 16, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ALEJANDRA AVILA, CITY CLERK STAFF REPORT Mir SAN dX6R1E1 �ra .rwc�wa� TO: FROM: DATE: 11'1+,M NO. Honorable Mayor and City Council members Daniel Wall, P.E., Director of Public Works / City Engince�'1"1./ December 16, 2015 SUBJECT: AWARD OF BIF FOR CITY PROJECT NO. 2015-0106 WALNUT CREEK NATURE PARK IMPROVEMENTS SUMMARY This item seeks approval to award the contract for City Project No. 2015-0106 — Walnut Creek Nature Park Improvements to the low responsive and responsible bidder, Principles Contracting, Inc. in the total base bid amount of $417,428. FISCAL IMPACT This project is funded with restricted funds; no General Funds will be used. Funding for this project is as follows: RECOMMENDATION It is recommended that the City Council approve the award of contract for the Walnut Creek Nature Park Improvements Project (City Project No. 2015-0106) to Principle Contractors, Inc., in the amount of $417,428, and authorize the Mayor to execute the contract. BACKGROUND On February 18, 2015, the City Council approved the final conceptual design prepared by Restoration Design Group for improvements to Walnut Creek Nature Park. At that meeting, it was recognized that, due to lack of funding to complete the recommendations in one phase, the project was to be divided into several phases. This project represents the first of three planned phases. This Phase I project consists of grading of the existing swale, installation of an irrigation system, concrete walking path, expanded bio- swale, installation of trees, lighting and parking lot improvements. Of the $420,000 committed to this project, $200,000 is from the California Natural Resources Agency (CNRA), which has already notified the City that the funds are scheduled to sunset this fiscal year and must be spent by April 2016. In order to not forfeit the funds, the City must move forward with starting construction on Phase I improvements. Bid No. 2015-0106 December 16, 2015 Page 2 On October 7, 2015, the City Council accepted the Plans and Specifications for Phase I improvements and authorized the Public Works Department to advertise the project. A notice inviting bids was published in the San Gabriel Examiner on November 5 and 12, 20115, respectively. Additionally, the project was advertised in the Contractor's Greensheet and Daily Construction Service. On December 10, 2015, a total of five (5) bids were received and checked for errors. All bids were determined to be valid. The following is a summary of the bids received. ._ No. ��._._..Contractor �.. �....._�m u. .._ Location w... .. . _� Bid A.mount. � 'p tractors, Inc. Riverside, CA 1 Principle Contractors, —11-1 428.00 $417, _ _ ...... ... _.....__e..__� .�_ ...._.._ KASA �Construction....�m.....,. ___.. � �m ...... — _ Chino, CA .....,,_ _---- $417,850.00 .... � m ....... __ ......... � u . w _....� .. __ ....� ... a Corp. Gardena, CA 3 Minako America - 1111-111�� $426,433.00 4.��_ Aghapy Construction, Inc. Bakersfield, CA 800 00 $447,. .. �... ...... , . __ ........... 5 Monet Construction Glendale, CA $494,900.00 Tlie lowest responsive bid was $417,428 from Principle Cotitractors, Inc., 01' Riverside, CA, If awarded, the prq'Iect conslrticti(m will commence by Janiuvy 4, 2016, and will be completed by March 21St, 2016. This will allow the city to complete the project within the time frame established by CNRA and avoid any possible forfeiture of the funds. LEGAL REVIEW None Required, ATTACHMENTS None. STAFF RE PORT liu6 or ' T!iE'; SAN GABRIEL V'AL LEY rcz u ITEM NO. I I TO: Honorable Mayor and City Councilmembers FROM: Marc Castagnola, AICP, Community Development Direct DATE: December 16, 2015 SUBJECT: AMENDMENT TO THE CITY'S MUNICIPAL CODE PROHIBITING MEDICAL AND RECREATIONAL MARIJUANA DISPENSARIES, CULTIVATION, DELIVERY, AND MOBILE DISPENSARIES. SUMMARY This report requests the City Council approval of an amendment to the City's Municipal Code (AZC-180) addressing medical and recreational marijuana dispensaries, cultivation, delivery, and mobile dispensaries. FISCAL IMPACT There is no fiscal impact associated with this item. RECOMMENDATION Staff and the Planning Commission recommend that the City Council open the public hearing and following the public hearing: Introduce for first reading, by title only and waive further reading, Ordinance 1382, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING BALDWIN PARK MUNICIPAL CODE SUBCHAPTER 153.120 PART 10 ENTITLED MEDICINAL MARIJUANA DISPENSARIES AND MODIFYING SUBCHAPTER 153.220.140 `M' DEFINITIONS (MEDICAL MARIJUANA DISPENSARY) TO BE CONSISTENT WITH STATE LAW. " BACKGROUND/DISCUSSION On October 20, 2015, the City's Planning Division received direction from the League of California Cities regarding new legislation requirements and deadlines for the Medical Marijuana Regulation and Safety Act (MMRSA). The MMRSA consists of three pieces of legislation that include Assembly Bill 266, Assembly Bill 243, and Senate Bill 643. In summary, the legislation requires local jurisdictions to adopt ordinances primarily addressing land uses that involve the cultivation, delivery, and mobile dispensing of medical marijuana. Planning staff has determined that the current Zoning Code does not address the requirements of MMRSA. In order to address the requirements, staff recommends that the City Council adopt an ordinance to expressly prohibit all uses related to recreational and medical marijuana including dispensaries, cultivation, delivery, and mobile dispensaries. The City is required to adopt an ordinance either regulating or prohibiting the cultivation of medical marijuana by March 1, 2016. If an ordinance is not in affect by March 1, 2016, the California Department of Food and Agriculture will be the sole licensing authority. As a result, the City will immediately lose its land use authority in regulating or prohibiting the cultivation of medical marijuana. Staff has provided a timeline of potential adoption of a Code Amendment (see the table below). AZC-180 Medical and Recreational Marijuana December 16, 2016 Paae 2 TABLE #1 CODE AMENDMENT TIMELINE The City's current Zoning Code only prohibits medical marijuana dispensaries, which was in response to the Compassionate Use Act of 1996. At the time, the City of Baldwin Park decided not to allow medical marijuana dispensaries following the Compassionate Use Act, but instead adopted an ordinance prohibiting medical marijuana dispensaries in order to be in line with the Federal Controlled Substances Act, which prohibits possession, use, and distribution of marijuana. However, the City's prohibition on medical marijuana dispensaries does not expressly prohibit cultivation, delivery, and mobile dispensaries of medical marijuana as required by MMRSA. The Zoning Code also does not expressly prohibit recreational marijuana dispensaries, cultivation, delivery, and mobile dispensaries. See Section 153.120, Part 10 of the Zoning Code (see Attachment 1). PLANNING COMMISSION ACTION On December 9, 2015, the Baldwin Park Planning Commission voted (5-0) adopting Resolution PC 15-15 recommending that the City Council adopt Ordinance No. 1382. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES The following are summarized alternatives: 1) No Action: If no action is taken and an ordinance is not in place expressly prohibiting medical marijuana cultivation, the City immediately loses its land use authority in regulating or prohibiting cultivation medical marijuana activities. 2) Regulating Medical Marijuana: Adopting an ordinance to regulate medical marijuana cultivation would involve significantly more staff time to research and produce viable regulation. The March 1, 2016 deadline will not be sufficient time and would result in the City immediately losing its land use authority in regulating or prohibiting cultivation activities. 3) Prohibiting Marijuana Uses: By expressly prohibiting all marijuana uses including dispensaries, cultivation, deliveries, and mobile dispensaries for both medical and recreational marijuana, the City maintains land -use authority with the option of regulating them in the future. CAAmy\AMY\WORD\Reports\Council Reports\AZC-180,doc AZC-180 Medical and Recreational Marijuana December 16, 2016 Page 3 ATTACHMENTS #1, Standards for Specific Land Uses and Activities, BPMC 153.120, Part 10 — Medical Marijuana Dispensaries #2, Redline Section of 153.120, Part 10 "Standards For Specific Land Uses and Activities" #3, Redline Section of 153.220.140 "M Definitions" #4, Resolution PC 15-15 #5, Draft Ordinance No. 1382 C:\AmyWMY1W0RD1Reports\Council ReportMAM-180 doc ATTACHMENT # STANDARDSFOR SPECIFIC A SE S AN ACTIVITIES, BPMC 153.120, PART- MEDICAL MARIJUANA.S ESA .: S CITY OF BALDWIN PARK — CHAPTER 153: ZONING CODE Standards for Specific Land Uses and Activities 153.120 PART 10 - Medical Marijuana Dispensaries § 153.120.320 - Intent and Purpose The State of California passed the Compassionate Use of Marijuana Law in 1996, which allows for the use of marijuana for medical purposes. However, the Federal Government through its Controlled Substances Act prohibits the use and distribution of marijuana. The Supreme Court has confirmed that the Controlled Substances Act does not contain a "compassionate use' exemption; it is therefore a violation of Federal Law to possess or distribute marijuana, including possession or distribution for medical purposes. The intent of regulating medical marijuana dispensaries is to ensure consistency with Federal Law and minimize adverse impacts on properties. § 153.120.330 - Use Prohibited Medical Marijuana Dispensaries are prohibited in the city. § 153.120.340 - Reserved 153.120 Standards for Specific Land Uses and Activities 153.120-15 • .. ._ l ".- REDLINE SECTIONOF 153.120, , ^ A: "STANDARDS SPECIFIC LAND N ACTIVITIES" CITY OF BALDWIN PARK — CHAPTER 153: ZONING CODE Standards for Specific Land Uses and Activities153.120 PART 10— ta -a uana Uses Probilbited § 153.120.320 — Intent and Purpose The State of California passed the Compassionate Use of Marijuana Law in 1996, which allows for the use of marijuana for medical purposes. However, the Federal Government through its Controlled Substances Act prohibits the use and distribution of marijuana. The Supreme Court has confirmed that the Controlled Substances Act does not contain a "compassionate use" exemption; it is therefore a violation of Federal Law to possess or distribute marijuana, including possession or distribution for medical cIY rec rca N ionufl purposes. .a.Q°��L1C�R6YQM"��- �np�"�fi'Qn�w-a'a� �V'�r.�11�•k��Qr�N=iib—��*re�°"xQ.�Y,Ga"��"�,�.wA� �i�,..�,„'k-%��&;vrY�d� 4a�.i(;�u'��:��,��.�4Yf.nr�,P �_��pr�..Q....�-R:"��6xQ'u9�.�rw.�.q�,� w'��"�ff'�� nII��"n,N�Q ";:,•��@��'baa,=arFan� W�11��»a4.1d,.��n��l��l��n,n�°akah:Yra YQ1ccflfl..alll andandY4"01ry�'"a�Q1 0.`�QQu'Yl Ma"np"]ljU,1Ylla'1.4�q`�a�'�"��"]Y11..�n"11%IIS',":�iI�M q.Q.q��:;q.�e/aQ1!Ii011, 4`��."' k/42114:.::�"�+ 111142l°ua'wu cumin°11Yi: �a� u'�a�.dv aQllaltlilQg and Q11y`W1;91.1.4' dllaal,,:;1(211Sall s Qs 'k) 0"„Q"Q;aaQ,Qry co11Q,wll,Ae71110'_"'yi wII ll F4'.:"d,lQ."."q"i.l 1AW 011d IYlliillll4n"4QZCI iQd.Vk"N"SV 411pdnA"w'sa,1`Q:"tipia luCflk' § 153.120.330 — Use Prohibited ala°yc��o;�a��'�1a�a�'��QiPu�'n�adl��9a'a1��11��w�R"�Naa iin.�r�x.1.�•1aV�11�'k�-�N�k'��-n-lV'��ir+#Q'iH."ty°a°: All 1nma11°n jitaana a,. qes, incluc i:ng 1111.1 not l,inffled to 1:1-i followlflll,` are proliil)ited in. ffie City of Banl.dvViun Pearl<: A. Medical. al. ll" armjna ria l:lisywnsaries; b 11. Recreational Maruijna.rlia Dispensaries; C. Medical arid 1111.a creational. Marl jira na Cultivation; 1). 6 [edi.cal. ar d.11.ecreal:lona:l. Marijuana ilDel veries; arid. Medical and l'l.ecreation.a,l. ]Walr]O.lr'iI.aI'1.a Mobile Dhipen1111s ri.ari's. § 153.120.340 — Reserved 153.120 Standards for Specific Land Uses and Activities 153.120-15 IN VIVIO-ItIMINS.-W 2uvjl-ommjztijp KRU CITY OF BALDWIN PARK - CHAPTER 153: ZONING CODE Definitions 153.220 § 153.220.140 - M Definitions MANUFACTURED HOUSING. Both mobile homes and factory -built housing. MANUFACTURING. A use engaged in the manufacture, predominantly form previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products and incidental processing of extracted or raw materials. MA Pjt JA d'4&, " blarip uat a" shall 1 -lave the sarne del ini � ioi ii as), thal sot k vr(h in Califon �ia I Iva fi Ir and Safely Code, § 110 18,, CULTIVA'1'10�,1. Any actin. 11 itivolving the planting, �,rowin& hzirvesting, dirying, (riring,gra(lin,g, or hlmniing of rnariuana or carinabis. IY�',IUVR'�'Y. The coirnner6al transfer by any (orin or arrangernenJ oftrans�porlahcvn of recreational or me(hcaI1KffijU,111'1a�1 'IMi I_Tlarq'uana produc.ts froni a cflsf!wensary (o a cus(011,11("I" pirlinary caregiver, patient, or a testing laboratory, 1)elivery" also includes the, use b a clispens�lry of any t.echnology p��aLfornt owned and ��ontrolled by the Y cfisIi�iensary, or indej'aen(ien0y licens'cld iiinder ffic, Vedical Aarivana Illyegulafion and I aafdy Act [hat enables qualified pa�knts or priniairy caregivers to arrange for or fadlitate the coniniercial lraMsfer by a ficensed dispensary of Ynedica] rnari�uana or medcal rnarijuana products, 101MICAL N4AIJJ�W`�A A facilily wliere rnarijkana is niadc available foir rne(fical jiurposes in accor(laince wflh [Jeaith and Safety Code § 1'1362.5, an any establWrrnenhsfrorn which rnarijuana is deivcred to patients Mro cannot obtain it: frotri, a Chs�,-wnsary due to pfiysiA or nienLat disa[)ility, for niedical purj�iiVsk�,'s in conij.)Iiance willi I lealffi and Safety Co(ic § 11362 5. MOBII,MS11',,�JSA1(Y,, An clinic, cooperative, club, business, or group that transports Y " oir delMn's, or arranges the, lransporlafion or defivery, of rite(fical or rea�n,ationfl rnarijuana to a person, MATZI�UXa ll A facillly Mim r(?. nianjuana is ina(ie available for rea,rea6oiiial use� MASSAGE ESTABLISHMENT/SERVICES. An establishment where massage services are provided. Massages are defined as the application of a system of structured touch, pressure, movement, and holding to the soft tissues of the human body with the intent to enhance or restore the health and well-being of the client. 153.220 Definitions 153.220-25 CITY OF BALDWIN PARK - CHAPTER 153: ZONING CODE Definitions 153.220 MATURE TREE. Any tree located in the front yard, front yard setback area, rear yard, rear yard setback area, side yard or side yard setback area and (1) is greater than 18 inches in diameter when measured 54 inches from the ground or is greater than 40 feet in height, or (2) is a tree of historic value due to the tree's (or stand of trees') age or prominence as a local identifying feature. �� is "1 4'�''��'nm� y ...�n��N °work*��. N N�"N�.�vi��,�e .f n.W�uhdµ, Y �i ��:�.N Kro'mR�4M�'u%BMf bac'r,��4�r0G2"NTn @9��1f4-c�� w� ��•o� 86"G w��.:d!arkA��V��k��. '•d�'B11v TC wlft 11 ��R"1y,�rr��k� §��= If�'m@•�7�iu0��'��#".H,i�f��.w�^�..�k�d�9�tl��id�6k r'�'W'm �k8� ��.±�r�k"r �.g"N.��fw"9�-b�-u_ s � a �...� ��4„��.n MEDICAL USE. Any use involving the care of persons' general health by licensed practitioners. Includes hospitals, urgent care clinics, out-patient facilities, doctor and dental offices, chiropractic and podiatric facilities, and similar practices of the medical arts and directly related laboratory services. MOBILE HOME. A transportable structure that is built on a permanent chassis and designed to function as a dwelling when connected to the required utilities, including plumbing, heating, air conditioning and electrical systems (pursuant to California Health and Safety Code §§ 18007 and 18008). Consistent with the California Health and Safety Code definitions, a mobile home is included in the definition of manufactured home. MOBILE HOME PARK. Any area or tract of land where 2 or more lots are rented or leased, held out (or were formerly held out) for rent or lease to accommodate manufactured homes or mobile homes used for human habitation (pursuant to California Health and Safety Code § 18214). A mobile home park provides utility services and other facilities either separately or in common to mobile home spaces therein. MONEY WIRING. A person or entity that for compensation primarily engages in the business of sending money to an end entity via a transfer for pick-up by an individual or business entity. MORTUARY. An establishment engaged in the provision of service involving the care, preparation, or disposition of human dead other than in cemeteries. May or may not include crematorium. No internment is provided on site. May include areas for assembly services and living quarters for funeral home/mortuary manager. MOTEL. Any building or portion of any building with access provided through a common entrance, lobby or hallway and which contains guestrooms that have no cooking facilities. Motels are designed and intended to be used as temporary overnight accommodations for transients. One dwelling unit shall be permitted for use as a resident manager's unit. 153.220 Definitions 153.220-26 CITY OF BALDWIN PARK — CHAPTER 153: ZONING CODE Definitions 153.220 MULTIPLE -TENANT RETAIL - SMALL. A business, wholly within the confines of a single commercial unit of less than 75,000 square feet, in which one principle tenant and up to 2 ancillary tenants with unique business licenses are located, offering personal services and/or personal property for retail sale. This term shall not include temporary events held for the exclusive benefit of any nonprofit organization. This term shall not include swap meets. MULTIPLE -TENANT RETAIL - LARGE. A business, wholly within the confines of a single commercial unit that is at least 75,000 square feet, or greater, in which one principle tenant and up to 6 ancillary tenants with unique business licenses are located, offering personal services and/or personal property for retail sale. This term shall not include temporary events held for the exclusive benefit of any nonprofit organization. This term shall not include swap meets. 153.220 Definitions 153.220-27 ATTACHMENT # Rl.�SOLUTION PC 15-15 RESOLUTION PC 15-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL AMEND SUBCHAPTERS 153.120, PART 10 AND 153.220.140 ("STANDARDS FOR SPECIFIC LAND USES AND ACTIVITIES" AND "M DEFINITIONS") OF THE CITY'S MUNICIPAL CODE TO BE CONSISTENT WITH STATE LAW. (LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: AZC-180) THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the Planning Commission of the City of Baldwin Park does hereby find, determine and declare as follows: (a) That the City of Baldwin Park (hereinafter "Applicant") heretofore filed an application for an amendment to the City's Municipal Code relating to cultivation, delivery, and mobile dispensaries of medical marijuana in accordance with State Law; and (b) That the Planning Commission conducted a duly noticed hearing upon said matter, and based upon the evidence presented, it was determined that the public interest, necessity, convenience and general welfare require the approval of the amendments to the Municipal Code; and (c) Each fact set forth in the staff report dated December 9, 2015 from Amy L. Harbin, AICP, City Planner to the Chair and Planning Commissioners ("Staff Report") is true and correct. SECTION 2. That in accordance with the provisions of the California Environmental Quality Act (CEQA), Section 15061 (b) (3) of Chapter 3, Title 24, it has been determined that the proposed Code Amendment project will not have an impact upon the environment and is Categorically Exempt; and SECTION 3. That the Municipal Code should be amended as identified in the ordinance attached to the Planning Commission staff report (AZC-180) dated December 9, 2015 and on file with the Secretary of the Planning Commission. SECTION 4. That the Planning Commission recommends that the City Council approve the proposed language relating to the City's Municipal Code. SECTION 5. The Secretary shall certify to the adoption of this Resolution and shall forward a copy hereof to the City Clerk. AZC-180 December 9, 2015 Resolution PC 15-55 Page 2 PASSED AND APPROVED on the 9th day of December, 2015, NABOR "GILBERT" PADILLA, CHAIR BALDWIN PARK PLANNING COMMISSION ATTEST: AMY L. HARBIN, AICP, SECRETARY BALDWIN PARK PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS, CITY OF BALDWIN PARK I, AMY L. HARBIN, AICP, Secretary of the Baldwin Park Planning Commission, do hereby certify that the foregoing Resolution No. PC 15-15 was duly and regularly approved and adopted by the Planning Commission at a regular meeting thereof, held on the 9th day of December, 2015 by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: AMY L. HARBIN, AICP BALDWIN PARK PLANNING COMMISSION ATTACHMENT #5 DRAFT INANC 1382 ORDINANCE NO. 1382 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING BALDWIN PARK MUNICIPAL CODE SUBCHAPTER 153.120 PART 10 ENTITLED MEDICINAL MARIJUANA DISPENSARIES AND MODIFYING SUBCHAPTER 153.220.140'M' DEFINITIONS (MEDICAL MARIJUANA DISPENSARr TO BE CONSISTENT WITH STATE LAW. WHEREAS, the City of Baldwin Park ("City") and Baldwin Park Municipal Code (BPMC) currently prohibits medical marijuana dispensaries in accordance with the Federal Controlled Substances Act; and WHEREAS, the State of California has passed the Medical Marijuana Regulation and Safety Act (MMRSA) through Assembly Bills (AB 266 and 243) and Senate Bill (SB 643) requiring local governments to adopt an ordinance that becomes effective prior to March 1, 2016. WHEREAS, Said ordinance shall either prohibit or regulate medical marijuana cultivation, deliveries, and mobile dispensaries; and WHEREAS, the City's current prohibition of medical marijuana dispensaries does not address or expressly prohibit medical marijuana cultivation, deliveries, and mobile dispensaries; and WHEREAS, the City's prohibition of medical marijuana dispensaries does not address or expressly prohibit recreational marijuana dispensaries, cultivation, deliveries and mobile dispensaries; and WHEREAS, adopting an ordinance to prohibit medical and recreational marijuana dispensaries, cultivation, deliveries, and mobile dispensaries will prevent the State of California's Department of Food and Agriculture from becoming the sole licensing authority of such uses; and WHEREAS, adopting an ordinance to prohibit medical and recreational marijuana dispensaries, cultivation, deliveries, and mobile dispensaries will not prevent the City from regulating such uses in the future; and WHEREAS, the City wishes to enact regulations to prohibit medical and recreational marijuana dispensaries, cultivation, deliveries, and mobile dispensaries in accordance with the Federal Controlled Substances Act; and WHEREAS, Section 15061(b)(3) of Chapter 3, Title 14 of the California Code of Regulations (the "CEQA Guidelines") describes the general rule that CEQA only applies to projects which "have the potential for causing a significant effect on the environment"; where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and zoning regulations do not constitute the approval of any development project, and will therefore not result in any physical change in the environment; and WHEREAS, on December 9, 2015, after conducting a properly noticed public hearing, the Planning Commission adopted Resolution No. PC 15-15 recommending that the City Council update the BPMC as it pertains to medical and recreational marijuana, addressing requirements of the Medical Marijuana Regulation and Safety Act as passed by the State of California and including prohibitions for recreational uses; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 153 ("Zoning Code") Section 153.120 Part 10, entitled "Medical Marijuana Dispensaries" of the Baldwin Park Municipal Code shall be repealed in its entirety. SECTION 2. Chapter 153 ("Zoning Code") Section 153.120 Part 10, entitled "Marijuana Uses Prohibited" shall be added to the Baldwin Park Municipal Code and reads as follows: Section Contents: §153.120.320 Intent and Purpose §153.120.330 Uses Prohibited § 153.120.320 — Intent and Purpose The State of California passed the Compassionate Use of Marijuana Law in 1996, which allows for the use of marijuana for medical purposes. However, the Federal Government through its Controlled Substances Act prohibits the use and distribution of marijuana. The Supreme Court has confirmed that the Controlled Substances Act does not contain a "compassionate use" exemption; it is therefore a violation of Federal Law to possess or distribute marijuana, including possession or distribution for medical or recreational purposes. The intent of regulating medical and recreational marijuana dispensaries, cultivation, deliveries and mobile dispensaries is to ensure consistency with Federal Law and minimize adverse impacts on properties. § 153.120.330 — Uses Prohibited All marijuana uses, including but not limited to the following, are prohibited in the City of Baldwin Park: A. Medical Marijuana Dispensaries; B. Recreational Marijuana Dispensaries; C. Medical and Recreational Marijuana Cultivation; D. Medical and Recreational Marijuana Deliveries; and E. Medical and Recreational Marijuana Mobile Dispensaries. SECTION 3. Chapter 153 ("Zoning Code") Section 153.220.140, entitled "M Definitions" of the Baldwin Park Municipal Code shall be repealed in its entirety. SECTION 4. Chapter 153 ("Zoning Code") Section 153.220.140 entitled "M Definitions" shall be added to the Baldwin Park Municipal Code and reads as follows: § 153.220.140 — M Definitions MANUFACTURED HOUSING. Both mobile homes and factory -built housing. MANUFACTURING. A use engaged in the manufacture, predominantly form previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products and incidental processing of extracted or raw materials. MARIJUANA. "Marijuana" shall have the same definition as that set forth in California Health and Safety Code § 11018. CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana or cannabis. DELIVERY. The commercial transfer by any form or arrangement of transportation of recreational or medical marijuana and marijuana products from a dispensary to a customer, primary caregiver, patient, or a testing laboratory. "Delivery" also includes the use by a dispensary of any technology platform owned and controlled by the dispensary, or independently licensed under the Medical Marijuana Regulation and Safety Act that enables qualified patients or primary caregivers to arrange for or facilitate the commercial transfer by a licensed dispensary of medical marijuana or medical marijuana products. MEDICAL MARIJUANA DISPENSARY. A facility where marijuana is made available for medical purposes in accordance with Health and Safety Code § 11362.5, and any establishments from which marijuana is delivered to patients who cannot obtain it from a dispensary due to physical or mental disability, for medical purposes in compliance with Health and Safety Code § 11362.5. MOBILE DISPENSARY. Any clinic, cooperative, club, business, or group that transports or delivers, or arranges the transportation or delivery, of medical or recreational marijuana to a person. RECREATIONAL MARIJUANA DISPENSARY. A facility where marijuana is made available for recreational use. MASSAGE ESTABLISHMENT/SERVICES. An establishment where massage services are provided. Massages are defined as the application of a system of structured touch, pressure, movement, and holding to the soft tissues of the human body with the intent to enhance or restore the health and well-being of the client. MATURE TREE. Any tree located in the front yard, front yard setback area, rear yard, rear yard setback area, side yard or side yard setback area and (1) is greater than 18 inches in diameter when measured 54 inches from the ground or is greater than 40 feet in height, or (2) is a tree of historic value due to the tree's (or stand of trees') age or prominence as a local identifying feature. MEDICAL USE. Any use involving the care of persons' general health by licensed practitioners. Includes hospitals, urgent care clinics, out-patient facilities, doctor and dental offices, chiropractic and podiatric facilities, and similar practices of the medical arts and directly related laboratory services. MOBILE HOME. A transportable structure that is built on a permanent chassis and designed to function as a dwelling when connected to the required utilities, including plumbing, heating, air conditioning and electrical systems (pursuant to California Health and Safety Code §§ 18007 and 18008). Consistent with the California Health and Safety Code definitions, a mobile home is included in the definition of manufactured home. MOBILE HOME PARK. Any area or tract of land where 2 or more lots are rented or leased, held out (or were formerly held out) for rent or lease to accommodate manufactured homes or mobile homes used for human habitation (pursuant to California Health and Safety Code § 18214). A mobile home park provides utility services and other facilities either separately or in common to mobile home spaces therein. MONEY WIRING. A person or entity that for compensation primarily engages in the business of sending money to an end entity via a transfer for pick-up by an individual or business entity. MORTUARY. An establishment engaged in the provision of service involving the care, preparation, or disposition of human dead other than in cemeteries. May or may not include crematorium. No internment is provided on site. May include areas for assembly services and living quarters for funeral home/mortuary manager. MOTEL. Any building or portion of any building with access provided through a common entrance, lobby or hallway and which contains guestrooms that have no cooking facilities. Motels are designed and intended to be used as temporary overnight accommodations for transients. One dwelling unit shall be permitted for use as a resident manager's unit. MULTIPLE -TENANT RETAIL — SMALL. A business, wholly within the confines of a single commercial unit of less than 75,000 square feet, in which one principle tenant and up to 2 ancillary tenants with unique business licenses are located, offering personal services and/or personal property for retail sale. This term shall not include temporary events held for the exclusive benefit of any nonprofit organization. This term shall not include swap meets. MULTIPLE -TENANT RETAIL — LARGE. A business, wholly within the confines of a single commercial unit that is at least 75,000 square feet, or greater, in which one principle tenant and up to 6 ancillary tenants with unique business licenses are located, offering personal services and/or personal property for retail sale. This term shall not include temporary events held for the exclusive benefit of any nonprofit organization. This term shall not include swap meets. SECTION 5. Except as expressly modified pursuant to this Ordinance, all other provisions of Chapter 153 shall remain unmodified and in full force and effect. All ordinances in conflict with the provisions hereof are superseded to the extent of such conflict. SECTION 6. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion or the ordinance would be subsequently declared invalid or unconstitutional. SECTION 7. This Ordinance shall be effective thirty (30) days after its enactment. PASSED AND APPROVED ON THE day of , 2015 MANUEL LOZANO, MAYOR ATTEST: ALEJANDRA AVILA, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF BALDWIN PARK ) I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on ro 2015. Thereafter, said Ordinance No. 1382 was duly approved and adopted at a regular meeting of the City Council on_ _ m� 2016 by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ALEJANDRA AVILA, CITY CLERK ITEM NO. 1 '. STAFF REPORT L'' TO: Honorable Mayor and Members of the City Council .".�rr or T r� FROM: Manuel Carrillo Jr., Director of Recreation & Community Sera ce. Scs's DATE: December 16, 2015 SUBJECT: MEMORANDUM OF UNDERSTAING FOR THE 2016 GREATER LOS ANGELES HOMELESS COUNT OPT -IN PROGRAM SUMMARY Staff request authorization to enter into a Memorandum of the Understanding (MOU) with Los Angeles Homeless Services Authority 2016 Greater Los Angeles Homeless Count Opt -In Program. FISCAL IMPACT No fiscal impact. RECOMMENDATION Staff recommends the City Council authorize the Mayor to enter into an MOU with the Los Angeles Homeless Services Authority. LEGAL REVIEW The City Attorney has reviewed the agreement and approved it as to form. BACKGROUND At their Decernber 2, 2015 City Cooncil Meeting, C orrl1c Imeniber Susan Rubio requested for tht Los Angeles Homeless y l riff Meeting, 1"lie Agreement as been r io ified from thea original Agreement, Exhibit �A�presented �atl lie 1)ecernb r 1 Meeting. Ttic new Agreement reduces the number of volunteers from 64 to 32. Each Census Tract will now require a minimum of two (2) volunteers instead of the original amount. As a result of the 50% reduction in volunteers, the City will fulfill its obligations with the minimum number required. Los Angeles has the highest street homeless population in the nation. Every day we see men, women and children without a place to call home. We don't have to accept homelessness as an unsolvable problem. The City of Baldwin Park will join others who are committed to ending homelessness by volunteering in the community on January 26, 2016. Volunteers will be teamed up and trained, provided all needed supplies and deployed to designated areas to count the homeless in one (1) night. Every two (2) years the City participates and organizes volunteers to count homeless individuals in Los Angeles County. It is important to count homeless individuals because when we know who and where homeless people are, we are better able to plan and identify resources to provide vital services, and ultimately move homeless families and individuals into housing. Volunteer Opportunities Include: • January 26, 2016 - Counters will be deployed in groups of two (2) or three (3) to count specific blocks areas in the City. Volunteer will receive training and materials on the day of the count from trained volunteers. Volunteers will be outside counting for up to four (4) hours. • January 26, 2016 - Trainers will be responsible for training all counters at a specific deployment center. Trainers will take on a leadership role and should be comfortable giving directions. The Los Angeles Homeless Count Homeless Services Authority will provide training prior to the date of the count. • Janijary 26, 2016, - Deployment center coordinators will be in charge ofranning a deployment center in their local ,.,irea. Deploynient ceriter coordinators will take on a leadership role and sh.ould be cornfortable gg directions. This includes setfirig Lip, ensLIring volunteers are trained deployed appropriately, collecting and reviewing all tally sheets, and cleaning up after the count is over. ALTERNATIVES Not enter into an MOU with Los Angeles Homeless Services Authority 2016 Greater Los Angeles Homeless Count Opt -In Program. ATTACHMENTS 1) Memorandum of Understanding MEMORANDUM OF UNDERSTANDING OPT -IN PROGRAM FOR THE 2016 GREATER LOS ANGELES HOMELESS COUNT January 26, 27, and 28, 2016 This Opt -In Program Memorandum of Understanding (MOU) sets forth partnership roles and responsibilities between LAHSA and the Opt -In Participant during the 2016 Greater Los Angeles Homeless Count. RArK(;Rnl mn The Los Angeles Homeless Services Authority (LAHSA) is a joint powers authority formed by the City and County of Los Angeles in 1993, to address the problems of homelessness in Los Angeles. LAHSA is the lead agency of the Los Angeles Continuum of Care (LA CoC). The LA CoC includes 85 cities and the unincorporated areas of Los Angeles County, excluding only the cities of Glendale, Long Beach and Pasadena, as each of those three cities operate their own independent Continuums. "Homeless Count" refers to the process of counting homeless persons residing in shelters or living on the street, in parks, cars or other places not meant for human habitation, as well as conducting the Housing Inventory Chart (HIC), an enumeration of the number of shelters, beds and units dedicated to housing homeless persons. Since 2005, LAHSA has coordinated six biennial Greater Los Angeles Homeless Counts. Beginning in 2016, the Point -In -Time Count ("Count") will occur annually. The Count consists of four components: 1) the street count; 2) the shelter count; 3) the youth count; and, 4) the demographic survey. The 2015 Homeless Count was the largest census in the country, benefitting from the support of more than 5,500 volunteers. In 2015 the Count discovered that on any given point -in -time approximately 41,174 residents are homeless in the LA CoC, and 44,359 people experience homelessness in Los Angeles County. The data gathered from the Homeless Count is extremely valuable to our mission of ending homelessness. It supplies government agencies, service providers and housing providers with a reliable estimate of the homeless population in the City and County of Los Angeles, including sub -regions such as Service Planning Areas (SPAS), Supervisorial Districts (SDs) and Council Districts (CDs) within the City of Los Angeles. It also provides an array of demographic information. In 2009, the study methodology was enhanced to enable Opt -In City/Community Areas to coordinate a homeless count within their borders, using locally recruited volunteers from public and private agencies. In 2015, 248 cities and communities enumerated all of their census tracts. Using the results from the LAHSA shelter and youth counts, cities are able to estimate a Point -in -Time number of the homeless families and individuals who are sheltered and unsheltered in their jurisdictions. The Opt -In Program gives cities, communities and other jurisdictions the opportunity to obtain locally -specific data at a high confidence level. Full enumeration of every agreed-upon census tract within each City/Community Area will provide more granular data and can substantially aid efforts to evaluate existing homeless services and plan for future measures to address local homelessness in your community. Page 1 of 13 August 2015 OPT -IN PARTICIPANT RESPONSIBILITIES An Opt -In Participant is a City incorporated under the laws of the State of California, another form of local jurisdiction authorized by State law or County ordinance, or a community organization that has committed to participate in the 2016 Opt -In Program. Opt -In Participants are responsible for completing the full enumeration (complete counting) of all unsheltered homeless persons in the agreed-upon census tracts in their City/Community Area. (Exhibit A.) The Opt -In Participant is responsible for the following: A. To achieve continuous, reliable counts of unsheltered homeless persons, it is requested that 30 days prior to the Count your City/Community Area does not target homeless persons in order to conduct sweeps, as doing so would move homeless persons outside of the boundaries of your area and impact the accuracy of the Count. B. Providing the name, address, telephone number, capacity and picture of each Deployment Site. A Deployment Site is a location within your area from which volunteers will be deployed to perform the 2016 Homeless Count that meets the following requirements (Deployment Site Worksheet - Exhibit B): - Is NOT currently a site where services are provided to homeless people at night; - Has capacity and sufficient space to hold, and contains tables and chairs for, the specified number of volunteers for your area; - Is able to maintain sufficient cellular phone service coverage and/or has Wi-Fi access points, landline telephone lines, or another comparable means of communication in the absence of sufficient mobile service signal; - Contains accessible restroom facilities; - Includes, or is adjacent to, ample free parking; - Is located within the Opt -In boundaries approved by LAHSA; - Has a confirmed Deployment Site Coordinator, who sets -up the site and directs operations during the 2016 Homeless Count (further duties are listed in paragraph C, below); and - Has a confirmed Deployment Site Access Provider to assist with logistics and coordinating access during the 2016 Homeless Count, either by providing all necessary keys or being present to grant access during the Count. A Deployment Site Access Provider is the contact person or persons who will be responsible for providing access to each of the designated Deployment Sites in your area on the day/evening of the training and date of the Count. (Exhibit B) C. Designating and providing the name, office number, cellular number and email address of the Deployment Site coordinator, who has the following responsibilities/duties: - Directing the operations at a volunteer Deployment Site for the date of the count, including but not limited to the set-up of the site and ensuring volunteers receive a light meal; - Ensuring that volunteers are deployed in teams to the proper locations; - Tracking all volunteer teams to ensure that they return in a timely manner; - Assisting with volunteer questions; - Reviewing all incoming tally sheets for accuracy; - Communicating and coordinating with the Homeless Count Regional Coordinator, SPA Leadership and LAHSA headquarters on the status of the Count at their site; - Coordinating the pick-up and drop-off of all 2016 Homeless Count materials with LAHSA; and - Participating in training. D. Providing the name, office number, cellular number and email address for each Deployment Site Access Provider. Page 2 of 13 August 2015 E. Coordinating with the Homeless Count Regional Coordinator and provide regular communication of the status of progress, issues and volunteer recruitment including providing volunteer lists from the volunteer management system. Depending upon deployment needs on the date of the Count, your volunteers may be deployed to conduct 2016 Homeless Count activities outside of or adjacent to your City/Community Area. F. Providing confirmation of geographic boundaries for your City/Community Area from which the actual number of census tracts to be counted will be determined by LAHSA. (EXHIBIT A) G. Ensuring there is an unarmed security guard or police officer at each Deployment Site on the date of the Count. LAHSA will provide support for this requirement on a case by case basis. H. Ensuring that each adult volunteer signs a release and waiver (EXHIBIT C), and a parent or legal guardian of each minor volunteer (under 18 years of age) completes and signs a release and waiver (EXHIBIT D), indemnifying LAHSA and your City/Community Area from any liability during their participation on the date of the Count. Minors must be as least 14 years of age. I. Ensuring Site Coordinators and other appropriate volunteer staff attend trainings to support the successful implementation of the Count. J. Providing a light meal to volunteers on the date of the Count. Remember, volunteers arrive around meal time. K. Prior to your release and/or publication of any 2016 Homeless Count data results, obtain written approval from LAHSA for the data to be released or published. Any and all data releases MUST give recognition to LAHSA. II. LAHSA RESPONSBILITIES In order to ensure a successful enumeration of homeless persons across the LA CoC, LAHSA will be responsible for providing the following: A. The hiring of a Regional Homeless Count Manager who shall be responsible for interfacing with LAHSA, managing the Homeless Count Regional Coordinators (RCs), and overseeing their execution of 2016 Homeless Count activities within each Service Planning Area (SPA).. The RC will be the designated lead within the SPA who is responsible for managing, directing and overseeing the planning, logistics, coordination and execution of 2016 Homeless Count activities; B. The hiring of a consultant to analyze the data and provide the Point -In -Time Count results for the LA CoC, including homeless subpopulation and totals by geography, as well as the production of a 2016 Homeless*Count report. C. Training the Deployment Site Coordinators and 2016 Homeless Count and volunteers. Deployment Site Coordinators will receive training on Count preparation, data collection, safety procedures and other relevant training, as needed. Volunteers will receive training on standard enumeration and safety procedures; D. Providing materials necessary for a successful Count, including, but not limited to, scanned copies (PDFs) of all the documentation needed to conduct the unsheltered and sheltered Count, as well as the demographic surveys; E. Providing a determination of the specific census tracts that need to be counted in order to achieve a full enumeration of unsheltered homeless persons in your area. LAHSA and the Opt -In Participant must be in agreement regarding the census tracts to be counted ( _I[113 IL ) prior to the execution of this MOU. F. Based upon the number of census tracts to be enumerated in your area, LAHSA will provide Opt -In Participants with an estimate of the minimum number of volunteers needed to successfully complete your Count (EXHIBIT A); Page 3 of 13 August 2015 G. Based upon the number of census tracts to be counted and the geographic characteristics of your area, LAHSA will provide Opt -In Participants with a determination of the specific number of Deployment Sites that will be needed for a successful Count (see EXHIBIT A); H. Providing Opt -In Participants with an Opt -In Summary Report produced by the 2016 Homeless Count, based on the successful enumeration of 100% of all census tracts. III. HOMELESS COUNTREGIONAL COORDINATOR RESPONSIBILITIES In order to ensure a successful enumeration of homeless persons within each participating City/Community Area, your designated Homeless Count Regional Coordinator is responsible for assisting with the following: A. Maintaining general oversight and management support in conducting the Count, youth count, shelter count and demographic survey. B. Outreaching and recruiting of Opt -In Participants. C. Collaborating with SPA stakeholders to leverage resources and coordinate logistical support prior to and during the 2016 Homeless Count, including, but not limited to, identifying potential Deployment Sites, obtaining security personnel and other relevant Count duties. D. Providing support with volunteer outreach, recruitment and tracking. E. Providing support by obtaining SPA level sponsorships. F. Supplying materials necessary for a successful Count. G. Providing ongoing guidance, tools, and assistance to Site Coordinators and other relevant volunteers. A. The Opt -In Participant hereby agrees to waive, discharge, and release LAHSA and any of its employees, agents, officers and stakeholders from and against all lawsuits and causes of action, or liability for any loss or claim for damages of any nature whatsoever, including injury to person or property. B. The Opt -In Participant further agrees to indemnify and hold LAHSA and any of its employees, agents, officers and stakeholders harmless from liability for any loss or claim for damages of any nature whatsoever, including injury to person or property, arising from or in any way related to the 2016 Homeless Count. Page 4 of 13 August 2015 V. OPT -IN COMMITMENT The execution of this MOU by an authorized official of your City/Community Area signifies a commitment to participate in the 2016 Opt -In Program and to fulfill all of the responsibilities expected of Opt -In Participants as specified in this MOU. VI. RIGHT TO WITHHOLD DATA In the event that your City/Community Area decides to OPT -OUT of the 2016 Homeless Count or fails to fulfill its responsibilities under this MOU, LAHSA reserves the right to withhold any and all data from your Community/City Area produced by the 2016 Homeless Count. IN WITNESS WHEREOF, the Opt -In Participant and the Los Angeles Homeless Services Authority have caused this MOU to be executed by their duly authorized representatives. For: Name of Opt -In Participant By: Name of Authorized Official, Title Authorized Signature Date: For: LOS ANGELES HOMELESS SERVICES AUTHORI'T tHSA„ By: Peter Lynn, Executive Director Date: Page 5 of 13 August 2015 LIST OF EXHIBITS EXHIBIT A m „pm pm _________________________ Approved Census Tracts and Maps of City/Community Area EXHIBIT B W„P 1 e1e1 EXHIBIT EXHIBIT D Deployment Site Worksheet www _. __Release, Indemnity and Waiver of Liability Agreement for Adult Volunteers .. . _,,_ _, _Release, Indemnity and Waiver of Liability Agreement for Youth Volunteers Page 6 of 13 August 2015 EXHIBIT A APPROVED CENSUS TRACTS AND MINIMUM REQUIREMENTS The below table lists the census tracts that have been approved for enumeration as part of the Opt -In Program: 1 . 1 . `e •. 1 1 . 1 Baldwin Park 404701 2 Driving 22.00 0.59 Baldwin Park 404702 2 Driving 18.42 0.45 Baldwin Park 404703 _. 2 Driving 12.64 0.48 Baldwin Park ....__ 404801 _ _ 2 Driving ....._. 20.27 ....... 0.54 Baldwin Park 404802 2 Driving 14.69 0.40 Baldwin Park 404803 2 Walking 8.24 0.18 Baldwin Park _..._ 404901 ..-..._........................ 2 Driving g � 15.48 0.44 Baldwin Park 404902 _._. 2 Driving 10.29 0.27 ...... Baldwin Park ............... .� 404903 ........... 2 Driving 0.91 P1:8. 0.21 Baldwin Park 405001 2 Driving 55 0.65 ............ Baldwin Park 405002 2 Walking 9.35 0.34 Baldwin Park 4051012 Driving 16.01 0.43 Baldwin Park 405102 ....... 2 Driving 15.87 0.37 Baldwin Park 405201 2 Driving 18.82 0.52 Baldwin Park ....... .. 405202 2 Driving 15.27 0.37 03 2 Walking 9.69 0.28 ffia'imsmstf� 32 • L236.49J_ 6.52 Page 7 of 13 August 2015 "'k,04 i M Page 8 of 13 August 2015 EXHIBIT B DEPLOYMENT SITE WORKSHEET Please complete one worksheet and provide a picture for each 2016 Homeless Count Deployment Site. City/Community Area Count Date Site Warne Location Deployment �PP � Si�f, P irtur N1A,Idud via I A pGdl +;+srlgP rf:�u.al� Site Vtr16p�1ti1 t 1 � oPa,tr,(iy iP �`G91u111Yr ryu!6 Ori -Site Parking OffSite Parking Capacities Iahoe� itCL,jirll 4 O ract5 ..may I''�srne q' Sy Dep'l yment ite Deployment ri,C li Coordinator Mobile Ascipp�� taqy11�w4, Deployment yment . Ute Designated Coordinator Contacts Nawe Deployment Site f,11 it Access Provider Work Mobile Name. Other Deployment . rte Lrrl,,lt Volunteer Staff VV(10, Page 9 of 13 August 2015 EXHIBIT C RELEASE, INDEMNITY AND WAIVER OF LIABILITY AGREEMENT FOR ADULT VOLUNTEERS I. TERMS OF PARTICIPATION IN 2016 GREATER LOS ANGELES HOMELESS COUNT I understand and agree that the Los Angeles Homeless Services Authority (LAHSA) will be conducting the 2016 Greater Los Angeles Homeless Count (2016 Homeless Count), and that I may volunteer to assist in this important community effort as set forth in this Agreement. As a 2016 Homeless Count volunteer, I also understand that my behavior and actions will be expected to be morally responsible and ethical. II. 1 understand and agree that my services are temporary, and therefore I will only be participating on the dates) of January 26, 27, and/or 28, 2016 from 8:00 p.m., (unless another time has been specified) until my Street Count shift is finished (approximately between 12:00 a.m. and 2:00 a.m., unless another time is specified). I further understand that I am eligible to participate on all three consecutive dates. Ill. I understand that my involvement in the 2016 Homeless Count may be terminated at any time due to inappropriate behavior, reckless endangerment, or lack of sufficient work productivity, and that I may withdraw from the 2016 Homeless Count at any time without any cause or justification. IV.. I understand and agree that I must complete a 30 -minute training session either prior to or on the date of the Street Count as a requirement to participate in the 2016 Homeless Count. V. I understand and agree that I will not receive any monetary compensation for attending the 30 -minute training session, nor will I receive monetary compensation for any date that I volunteer for the 2016 Homeless Count, unless I am a registered Homeless Stipend Volunteer. VI. I understand and agree that I am responsible for transportation to and from the training session and deployment sites on the specified dates and times of such events. Page 10 of 13 August 2015 II. ASSUMPTION OF RISK, I understand and agree that my participation in the 2016 homeless count as a volunteer holds inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I understand that these risks vary from minor to severe, and I hereby agree to accept all risks of injury, of any nature whatsoever. III. RELEALFLINDEMNITY AND WAIVER OF LIABILITY A. I understand that my participation is voluntary, and as such, I hereby agree to waive, discharge, and release LAHSA and any of its employees, agents, officers, stakeholders and Opt -In Participants from and against all lawsuits and causes of action, or liability for any loss or claim for damages of any nature whatsoever, including injury to person or property. B. I further agree to indemnify and hold LAHSA and any of its employees, agents, officers, stakeholders and Opt -In Participants harmless from liability for any loss or claim for damages of any nature whatsoever, including injury to person or property, arising from or in any way related to my participation in the 2016 Homeless Count. I have careefully read and fullv understand the meaning and effect of the foregoing statements and without reservations I would like to artici ate in the "20..5 Greater Los An lesHomeless Count. Volunteer Name: Volunteer Signature: Print Name Signature Date of Signature: _ __.............. / / ..... Month Day Year Page 11 of 13 August 2015 EXHIBIT D RELEASE, INDEMNITY AND WAIVER OF LIABILITY AGREEMENT FOR YOUTH VOLUNTEERS I. TERMS OF PARTICIPATION IN 2015 GREATER LOS ANGELES HOMELESS COUNT A. I understand and agree that the Los Angeles Homeless Services Authority (LAHSA) will be conducting the 2016 Greater Los Angeles Homeless Count (2016 Homeless Count), and that my son, daughter or other minor dependent age 14 and up, may volunteer to assist in this important community effort as set forth in this Agreement. As a 2016 Homeless Count volunteer, I also understand and agree that my son's, daughter's or other dependent's behavior and actions will be expected to be morally responsible and ethical. B. I understand and agree that my son's, daughter's or other minor dependent's volunteer service will be limited to assisting with various activities within a specified Deployment site, under the supervision of the Deployment Site Coordinator, and that he or she will not participate in Street Count activities outside of the Deployment site. C. I understand that my son's, daughter's or other minor dependent's services are temporary, and therefore he or she will only be participating on one or more the date(s) of January 26, 27, and/or 28, 2016 from 8:00 p.m. (unless another time has been specified) until such time that may be considered "curfew" by applicable city ordinance(s). D. I understand and agree that my son's, daughter's or other minor dependent's involvement in the 2016 Homeless Count may be terminated at any time due to inappropriate behavior, reckless endangerment, or lack of sufficient work productivity, and that my son, daughter or other minor dependent may withdraw from the 2016 Homeless Count at any time without any cause or justification. E. I understand and agree that my son, daughter or other minor dependent will not receive any monetary compensation for attending the 30 -minute training session, nor will he or she receive monetary compensation for any date that he or she volunteers for the 2016 Homeless Count. Page 12 of 13 August 2015 F. I understand and agree that I am responsible for the transportation of my son, daughter or other minor dependent to and from the training session and deployment sites on the specified dates and times of such events. II. ASSUMPTION OF RISK I understand and agree that my son's, daughter's or other minor dependent's participation in the 2016 homeless count as a volunteer in the deployment site holds certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I understand that these risks vary from minor to severe, and I hereby agree to accept all risks of injury, of any nature whatsoever. III. RELEASE. INI3EMll"I , AND WAIVER OF LIABILITY A. I understand that my son's, daughter's or other minor dependent's participation is voluntary, and as such I hereby agree to waive, discharge, and release LAHSA and any of its employees, agents, officers, stakeholders and Opt -In Participants from and against all lawsuits and causes of action, or liability for any loss or claim for damages of any nature whatsoever, including injury to person or property. B. I further agree to indemnify and hold LAHSA and any of its employees, agents, officers, stakeholders and Opt -In Participants harmless from liability for any loss or claims for damages of any nature whatsoever, including injury to person or property, arising from or in any way related to my participation in the 2016 Homeless Count. 1, the under i ned, herebyre resent that I am the agent le al uardian of the below -named 9yth volunteer, a oerson under the age of 1 ears, and that l have the legal authorR to execute this Releasee. I have cariefuliv read and fullv understand the meaning and effect of the fore oin statements and without reservations I give nermission to mv son day liter or other minor dependent to partici in the 2016 Homeless Count. Youth Volunteer Name: Parent/Guardian Name: Parent/Guardian Signature: Print Name Print Name Signature Date of Signature: .... .w._ ....... / / Page 13 of 13 August 2015 ITEM NO. 1 STAFF REPORT ,4 ALD TO: Honorable Mayor and City Councilmembers wsUB or THE FROM: Shannon Yauchzee, Chief Executive Officer N oABRIEL DATE: December 16, 2015 VALLEY SUBJECT: REORGANIZATION OF THE CITY COUNCIL — SELECTION OF " "JA.NU MAYOR PRO TEMPORE SUMMARY The purpose of this report is to complete the reorganization of the City Council with the selection of a new Mayor Pro Tempore as spelled out in the Baldwin Park Municipal Code. FISCAL :IMPACT There is no fiscal impact associated with this item. RECOMMENDATION Staff recommends City Council complete the reorganization of the City Council and follow procedures as suggested for the selection of Mayor Pro Tempore as follows: 1) The City Clerk opens the nominations for the office of Mayor Pro Tempore. Any Councilmember may nominate and no second to the nomination is required; 2) After receiving nominations, the City Clerk closes the nominations; 3) The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the order in which nominations are received until a Mayor Pro Tempore is elected by majority vote. BACKGROUND In accordance with Ordinance No. 1249, which established section 30.02 it is appropriate at this time to reorganize the City Council and select one of its members as Mayor Pro Tempore. Attachment 1 shows the recent rotation of Mayor Pro Tem. § 30.02 COUNCIL REORGANIZATION. The Council shall reorganize and select one of its members as Mayor Pro Tempore, on the following occasions: (A) In odd -numbered years at the Council meeting at which the canvass of the results of the general municipal election are declared. (B) In even -numbered years at the first regular meeting conducted in the month of December. (C) At such other times as a majority of the City Council shall order. LEGAL REVIEW This report has been reviewed and approved by the City Attorney. ATTACHMENTS #1 — Mayor Pro Tempore Roster Reorganization of Council December 16, 2015 ATTAC-IMENT Mayor ._.. _ .. -- Election _ _ .... m. Mayor Pro Tem �� . - _ Term ,,,.,�. _ Manuel Lozano November 8, 2005 David J. Olivas December 21, 2005 Marlen Garcia December 6, 2006 _...., .. Manuel Lozano -_.... November 6, 2007 ®.... _ Anthony J. Bejarano December 5, 2007 Monica Garcia December 17, 2008 _ .._ Manuel Lozano November 3, 2009 - Ricardo �m.... __ Pacheco mm ...._ December 16, 2009 Marle _ _ . �mmw. Susan Rubio 1 December 7, 2011 Monica Garcia December 5, 2012 -- ---- " ...e ... Manuel Lozano November 5, 2013 w.�_.._. _ Ricardo Pacheco � �. December 4, 2013 Cruz Baca December 3, 2014 ..... ----- ... ®m_..__.. Manuel Lozano November 3 ............. 2015 � ..... _ _- . December 2, 2015 AGENDA F.1111,L1101-WAIN.� DECEMBER E 16, 2015 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 0C3AE3R1EL SAN (10 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 Finance Authority on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Board, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita at publico a dirigirse a la Agencia nombrada en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse a la Agencia, podra hacedo 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 sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. (Government Code §54954.21 ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMISION No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exists alguna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. TREASURER'S REPORT –OCTOBER 2015 Staff recommends that Council receive and file the Treasurer's Report for the month of October 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 foregoin agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 10 h day of December, 2015. Alejandra Avila Secretary PLEASE NOTE: Copies of slwaff"reports and supporting docurnentation pertaioiog to each iteni on Ibis agenda are avai`labie for public viewing and inspection at City Hall, 2"' Floor I.obby Area or at the Las Angeles County Public Library 0 the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 9690-4011 ext. 466 or via e-mail at finis ptl@t ldwirl,aark gon?. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) STAFF REPORT HUB f=01 A U 1'H E AN GAI3WE any VAL8..E3"M TO: FROM: DATE: SUBJECT: ITEM NO. V Honorable Mayor and City Councilmembers Terry Shea, Interim Director of Finance`��'Y/� December 16, 2015 TREASURER'S REPORT OCTOBER 2015 SUMMARY Attached is the Treasurer's Report for the months of October 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 October2015. BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. CITY OF BALDWIN PARK TREASURER'S REPORT 10/31/2015 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 October 2015 and several deposits/withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: W� Terry Shea Interim Director of Mnance ESTIMATED INVESTMENT. T INTEREST PURCHASE......... MATURITY PAR CURRENT BOOK MARKET IwRIPN DATE �� DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund City 0.36% Varies Varies 25,166,064.40 25,166,064.40 25,166,064.40 25,166,064.40 Housing Authority 0.36% Varies Varies 13,083.88 13,083.88 13,083.88 13,083.88 m25,179,148.28 25,179,148.28 m25,179,148.28 25,179,143.28. Fiscal Agent Funds - City Varies Varies Varies 2,448,643.42 2,448,643.42 2,448,643.42 2,448,643.42 Fiscal Agent Funds - Successc Varies Varies Varies 2,938,112.49 2,938,112.49 2,938,112.49 2,938,112.49 $ - 30 566 904.19 $ mm 7565 224 "I J 5,386,755.91 $.!0,565,904.j? Total Investments $ 30,565,904.19 Cash City Checking 4,499,867.08 City Miscellaneous Cash 67,075.94 Comm. Develop. Comm. 0.00 Successor Agency 4,093,595.57 Housing Authority 63,208.21 Financing Authority. 0.00 Total Cash B,72,746.E9p__ Total Cash and Investments $ 39 289 650.99 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 October 2015 and several deposits/withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: W� Terry Shea Interim Director of Mnance OU • 111 ILI leml• w DECEMBERki I 18, 2015 7:00 P 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 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 terra que est6 bajo su jurisdiccibn. Si usted desea la oportunidad de dirigirse a la Agencia, podra hacerlo durante el perlodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. CALL TO ORDER ROLL CALL HOUSING AUTHORITY REGULAR MEETING — 7:00 PM Board Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Vice Chair Cruz Baca and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos ser6 el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting, [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMISI6N No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exists alguna emergencia o circunstancia especial. 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 filar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. TREASURER'S REPORT — OCTOBER 2015 Staff recommends that Council receive and file the Treasurer's Report for the month of October 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. Dated this 10th day of (december 2015. A Alejandra Avila Secretary PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor 1-obby Area or at the Los Angeles County Public, Libraay it) the City of Baldwin Park. For further information regarding agenda items,, please contact the office o0 the City Cla sh rat (626) 960.4011 ext. 466 or via e-mail at kC seli @l gLdwt�?p rt&:m iy. . In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) STAFF REPORT �tU13 car THE SAN GABRIEL Hca VALLL'Y ITEM NO. —1-. TO: Honorable Mayor and City Councilmembers FROM: Terry Shea, Interim Director of Finances DATE: December 16, 2015 SUBJECT: TREASURER'S REPORT OCTOBER 2015 SUMMARY Attached is the Treasurer's Report for the months of October 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 October2015, BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. CITY OF BALDWIN PARK TREASURER'S REPORT 10/3112015 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 October 2015 and several deposits/withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient Investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Terry Shea Interim Director of Finance INTEREST PUDATESE MATURITY PAR CURRENT BOOK EMD DESCRIPTION IT VALUEPRINCIPAL VALUE' VALUE State of California Local Agency Investment Fund City 0.36% Varies Varies 25,166,064.40 25,166,064.40 25,166,064.40 25,166,064.40 Housing Authority 0.36% Varies Varies 13,083.88 13,083.88 13,083.88 13,083.88 25,179,148.28 25,179,148.28 ........25,179,148.28 25,179,148.28 Fiscal Agent Funds - City Varies Varies Varies 2,448,643.42 2,448,643.42 2,448,643.42 2,448,643.42 Fiscal Agent Funds - Successc Varies Varies Varies 2,938,112.49 2,938,112.49 2,938,112.49 2,938,112.49 $ �...IT � 30,565,904 19 $ 30 566 904',"19 5,386,755.91 $ 30 565 904:19 �.tj Total Investments $ 30,565,904.19 Cash City Checking 4,499,867.08 City Miscellaneous Cash 67,075.94 Comm. Develop. Comm. 0.00 Successor Agency 4,093,595.57 Housing Authority 63,208.21 Financing Authority. 0.00 Total Cash 8,723,746.80 Total Cash and Investments $ 39,289,650.99 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 October 2015 and several deposits/withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient Investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Terry Shea Interim Director of Finance