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HomeMy WebLinkAbout2017 05 03NOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, MAY 3, 2017 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: April 27, 2017 All -P Manuel Lozano Mayor AFFIDAVIT OF POSTING 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 April 27, 2017. frlr' r Alejandra Avila City Clerk AGENDA BALDWIN PARK CITY COUNCIL SPECIAL MEETING Please note time and meeting MAY 31 2017 location 6:00 PM / , CITY HALL — 3rd Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 60T" ANNIVERSARY Manuel Lozano Susan Rubio Cruz Baca Ricardo Pacheco Monica Garcia Mayor - Mayor Pro Tem - Council member - Council member - Council member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING /S IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, agenda, but only on any matter posted on this para hablar solamente sobre asunto publicado en esta agenda. If you wish to address the City Council agenda. Si usted desea la oportunidad de dirigirse al or any of its Agencies, you may do so during the Concilio o alguna de sus Agencias, podrci hacerlo PUBLIC COMMUNICATIONS period noted on durante el periodo de Comentarios del Publico the agenda. Each person is allowed three (3) (Public Communications) anunciado en la agenda. A minutes speaking time. A Spanish-speaking cada persona se le permite hablar por tres (3) interpreter is available for your convenience. minutos. Hay un int6r rete para su conveniencia. CITY COUNCIL SPECIAL MEETING – 6:00 P.M. CALL TO ORDER ROLL CALL: Council Members: Cruz Baca, Monica Garcia, Ricardo Pacheco, Mayor Pro Tem Susan Rubio, and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sero el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may. 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA Sl REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n an algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] OPEN SESSION/STUDY SESSION None RECESS TO CLOSED SESSION 1. PUBLIC EMPLOYEE APPOINTMENT (GC §54957): Chief of Police 2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Hadsell v. City of Baldwin Park Case No. BC548602 Case Name: Tuttle v. City of Baldwin Park, et al Case No. 16-09167CAS 3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Two (2) 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 May 3, 2017. 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 e-mail aavila(cDbaldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensue; accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) AGENDA BALDWIN PARK CITY COUNCIL REGULAR MEETING MAY 312017 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 ow ■� no 601HANNIVERSARY Manuel Lozano Susan Rubio Cruz Baca Ricardo Pacheco Monica Garcia - 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 invite 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, podrcl hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se /e permite hablar por tres (3) minutos. Hay un int6rprete para su conveniencia. Any writtem public record relating to carr agerad a item for an open session ref <a regular rraecting of the City Council thKat is distributed to the Clty Cotincil 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. Pac!fic Avenue, Sari Floc,,r daring normal busiaess hours (Monday , harsd ay, 130 a, m. - 61,001a_m) CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Cruz Baca, Ricardo Pacheco, Monica Garcia, Mayor Pro Tem Susan Rubio, and Mayor Manuel Lozano REPORT FROM CLOSED SESSION ANNOUNCEMENTS PROCLAMATIONS. COMMENDATIONS & PRESENTATIONS • Presentation of a Proclamation recognizing May as National Poppy Month • Presentation of a Certificate of Recognition to Teresa "Powder" Pouliot for her selection by the American Legion Unit 241 to reign as "Miss Poppy 2017 • Presentation of a Certificate in Recognition of Mai Morris for her selection as "Teacher of the Year" at the Baldwin Park Adult and Community School • Presentation of Proclamation recognizing May as "Older Americans Month" • Presentation of Certificates of Recognition to Rosemarie Linares and Rita Garcia for their being selected as "Senior of the Year" • Presentation of Certificates of Recognition to recipients Josie Rivera, Lorraine O'Brien, Trudy Garnier, Esperanza "Tita" Tigno and Jocelyn Lopez for their selection as "2017 Women of the Year - Unsung Heroine" by the Office of Congresswoman Grace Napolitano • Presentation by Ahmad Hindy, Panacea Center, regarding Medical Cannabis and legislative impact on municipalities City Council Agenda Page 2 PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos serf el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tome accion an algun asunto a menos que sea incluido en la agenda, o a menos que exista algOna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaracibnes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracidn an 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. MEETING MINUTES Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Regular City Council Meeting held on August 3, 2016. B. Meeting Minutes of the Housing Authority, Finance Authority, Special and Regular City Council Meetings held on August 17, 2016. C. Meeting Minutes of the Special City Council Meetings held on September 7 and September 21, 2016. D. Meeting Minutes of the Regular City Council Meeting held on December 7, 2016. E. Meeting Minutes of the Housing Authority, Finance Authority, Special and Regular City Council Meetings held on December 21, 2016. F. Meeting Minutes of the Housing Authority, Finance Authority, Special and Regular City Council Meetings held on January 18, 2017. G. Meeting Minutes of the Special City Council Meetings held on January 23 and January 30, 2017. H. Meeting Minutes of the Special and Regular City Council Meetings held on February 1, 2017. I. Meeting Minutes of the Housing Authority, Finance Authority, Special and Regular City Council Meetings held on February 15, 2017. J. Meeting Minutes of the Special and Regular City Council Meetings held on March 1, 2017. City Council Agenda Page 3 K. Meeting Minutes of the Housing Authority, Finance Authority, Special and Regular City Council Meetings held on March 15, 2017. L. Meeting Minutes of the Housing Authority Special Meeting, and the Special and Regular City Council Meetings held on April 5, 2017. 3. HOUSING ELEMENT PROGRESS REPORT 2016 Staff recommends that Council receive and file the report. 4. SECOND READING OF ORDINANCE NO. 1398, A ZONING CODE AMENDMENT TO SECTION 153.170.105(H) TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO BILLBOARDS AND SECOND READING OF ORDINANCE NO. 1399, TO AUTHORIZE THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH BECKER BOARDS SMALL, LLC, FOR A NEW DIGITAL BILLBOARD AT 1919 PUENTE AVENUE Staff recommends that Council adopt Ordinance No. 1398 and Ordinance No. 1399 on second reading, read by title only, and waive any further reading thereof. 5. AUTHORIZE REPLACEMENT OF A POLICE K-9 VEHICLE Staff recommends that Council approve and: 1) Waive the formal bidding process pursuant to §34.37 of the Baldwin Park Municipal Code on one vehicle, as existing cooperative purchasing contracts already exist with other government agencies; and 2) Waive the formal bidding process for the purchase and installation of the emergency equipment pursuant to §34.23(C); and 3) Authorize the Police Department to purchase the new vehicle and equipment through existing contracts, joining in the cooperative purchasing contracts, or through procedures outlined above; and 4) Authorize the Director of Finance to appropriate $48,064.51 from the Federal Asset Forfeiture Fund to cover the cost of the replacement of the police K-9 vehicle and deposit the $45,038.61 from the insurance settlement claim to the Federal Asset Forfeiture Fund to offset the purchase cost by the same amount; and 5) Authorize the Interim Chief of Police, or his designee, to complete all appropriate documentation to complete the purchases. 6. APPROVAL OF PROFESSIONAL SERVICES CONTRACT WITH EVAN BROOKS AND ASSOCIATES FOR PLANNING, FEASIBILITY STUDY AND PROJECT MANAGEMENT SERVICES FOR THE COMMUTER CONNECTOR EXPRESS LINE PROJECT Staff recommends that Council: 1) Authorize the Mayor to sign a professional services agreement with Evan Brooks Associates (EBA) for services related to the planning, feasibility analysis, route analysis, and project management of the implementation of the Baldwin Park Commuter Connector Express Line in the amount not -to exceed $40,000; and, City Council Agenda Page 4 2) Authorize the Finance Director to appropriate $40,000 from Fund 270 (Grants Fund) for the Professional Services Agreement. 7. ACCEPT PLANS AND SPECIFICATIONS, AND AUTHORIZE PUBLISHING A NOTICE INVITING BIDS FOR CITY PROJECT NO. 2017-0189 — BUS STOP IMPROVEMENTS PROJECT — PHASE 1 Staff recommends that Council approve the plans and specifications for the Bus Stop Improvement Project (City Project No. 2017-0189) and authorize staff to advertise the Invitation to Bid. 8. APPROVAL OF A RESOLUTION TO HIRE A RETIRED CALPERS ANNUITANT Staff recommends that Council approve Resolution No. 2017-187 entitled "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Appointment of an Interim Police Chief' and authorize the Chief Executive Officer to execute any Personnel Action forms related to the appointment. PUBLIC HEARING 9. FISCAL YEAR 2017-2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP FUND (HOME) ANNUAL ACTION PLAN Staff recommends the Council approve the FY 2017-2018 CDBG Annual Action Plan with the contingency to adjust public service programs, and HOME and CDBG administration to remain in compliance with HUD maximum allowable requirements, as well as possibly Code Enforcement allocations once the final federal budget and allocations are approved. REPORTS OF OFFICERS 10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CONFIRMING THE ADVISORY COMMITTEE'S REPORT AND LEVYING THE ASSESSMENT IN THE BALDWIN PARK CITYWIDE ASSESSMENT DISTRICT FOR FISCAL YEAR 2017-18 Staff recommends Council: 1) Approve the FY 2017-18 BIT Allocation Budget; and 2) Restore the full rate and approve Resolution No.2017-184, entitled "A Resolution of the City Council of the City of Baldwin Park, Confirming the Advisory Committee's Report and Levying the Assessment in the Baldwin Park Citywide Business Improvement District for Fiscal Year 2017-2018;" 3) Provide staff direction on the appointment of a member of the public or business community to the Committee. 11. DIRECTION AND APPROVAL OF THE DESIGN FOR THE BALDWIN PARK TRANSIT BUS WRAPS AND SELECTION OF THE BALDWIN PARK COMMUTER CONNECTOR EXPRESS LINE TRANSIT BUS MODEL Staff recommends that Council: 1. Select and approve a bus wrap design for the Baldwin Park Transit Buses; and 2. Select and approve a transit bus model for the Baldwin Park Commuter Connector Express Line. City Council Agenda Page 5 12. FOURTH OF JULY SAFETY ENHANCEMENT STRATEGY Staff recommends that council receive and file the Fourth of July Safety Enhancement Report. 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 27th day of April, 2017. y� 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 aavilaa-baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) City Council Agenda Page 6 TO: Honorable Mayor and City Councilmembers FROM: Rose Tam, Director of Finance DATE: May 03, 2017 SUBJECT: WARRANTS AND DEMANDS. SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. FISCAL IMPACT The payroll for the last period was $415,464.-"-and-the attached General Warrants Register were -$1,406;79 L20 for a total amount of $1,822,255.38 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 does hereby certify to the accuracy -of -the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: 1. The payroll of the City of Baldwin Park consist of check numbers 198606 to 198637. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 255086 to 255353 for the period of March 26, 2017 through April 08, 2017, inclusive; these are presented and hereby ratified in the amount of $415,464.18. 2. General Warrants, including check numbers 214586 to 214802, in the total amount of $1,406,791.20 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. ITEM NO. +-STAFF REPORT TO: Honorable Mayor and City Councilmembers FROM: Rose Tam, Director of Finance DATE: May 03, 2017 SUBJECT: WARRANTS AND DEMANDS. SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. FISCAL IMPACT The payroll for the last period was $415,464.-"-and-the attached General Warrants Register were -$1,406;79 L20 for a total amount of $1,822,255.38 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 does hereby certify to the accuracy -of -the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: 1. The payroll of the City of Baldwin Park consist of check numbers 198606 to 198637. 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MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING AUGUST 3, 2016, 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 7:15 p.m. INVOCATION The invocation was provided by Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Ricardo Pacheco Council Member Monica Garcia Council Member Susan Rubio Mayor Pro Tem Cruz Baca Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano reported that, by a vote of 5-0, Council approved a merit increase for Chief Executive Officer Shannon Yauchzee to include an annual salary increase of 8% and establishment of a "Post Employment Health Plan" to be funded by the employee only. A motion was made by Mayor Lozano, seconded by Councilmember Rubio, and carried (5 — 0) to adjourn the Special Meeting of August 3, 2016. ANNOUNCEMENTS Mayor Lozano asked that this evening's meeting be closed in memory of Mrs. Stella Breceda, mother of Irwindale Mayor Mark Breceda, who passed away at the age of 86; extended condolences to Mayor Breceda and his family. Councilmember Rubio requested that the meeting also be closed in memory of Gloria Bocanegra, who passed recently after a long battle with cancer; noted that she was a long time Baldwin Park resident; extended condolences to her five children and extended family. Councilmember Baca requested that the meeting be closed in memory of Mrs. Joyce Gamble who recently passed at the age of 86; noted that Mrs. Gamble had been a resident of Baldwin Park since 1957 and was very involved in local youth groups; extended consoling thoughts and prayers be extended to her family. City Treasurer Contreras announced that Monday, August 8th is Councilmember Cruz Baca's birthday and wished her a Happy Birthday. Councilmember Rubio also announced that it was City Attorney Robert Tafoya's birthday, and that his wife was present to surprise him for their 25th Wedding Anniversary this same day. Mayor Pro Tem Garcia expressed sadness at hearing of Mrs. Gamble's passing; asked that Council be mindful of time management and using the time here wisely so that business moves quickly and efficiently in the interest of concluding the meeting at a reasonable hour. PROCLAMATIONS. COMMENDATIONS & PRESENTATIONS None. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:24 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Christine Amagana, Baldwin Park resident, expressed her need for assistance with affordable housing; noted that she had applied for the ROEM Metro Village apartments through the Housing Authority but was not selected; explained that she and her children are still in need of affordable housing and asked that someone reach out to her with assistance. Al Contreras, Baldwin Park resident, commented on the passing of Mrs. Gamble; commented on Agenda Item Nos. 6 (Walnut Creek Nature Park Improvements — Phase II) and 7 (MTD 1854 Corak Storm Drain Improvements) noting that he hopes there were several bids submitted on each project; also commented on Agenda Item No. 10, stating that he supports the effort but does not want to see trees being planted and then not watered enough; expressed concern that trees will not get enough water and will drop leaves and branches. Juan Rios, Baldwin Park resident, commented on pay raises for Council; compared Baldwin Park's business conduct with that of City of Bell and South El Monte; reminded Council that the community is watching; alleged that Council is doing something wrong on private time. Arturo Luna, Baldwin Park resident, asserted that the City spends money like it grows on trees; complained about spending taxpayer money; alleges that Council looks for ways to increase taxes; commented on the purchase of CalTrans property; commented on tax levying. Grecs Tuttle, Baldwin Park business owner, asked whether a report on the distribution of funds using the Business Improvement Tax funds would be provided this evening; accused Director Carrillo of lying about the public meetings held regarding annexation to the Vector Control District; commented on a letter he presented regarding accusations of verbal abuse by one councilmember against another; referred to municipal code that requires action be taken and alleged that the Police Chief has done nothing; requested that a formal investigation be conducted; stated that he is not a political manager but is a political activist. Margarita Vargas, Baldwin Park resident, complained about trash cans being left out on non - trash collection days and that large items such a mattresses or sofas are being left on the street but are not picked up by Waste Management; asked that City issue citations to violators and/or property owners. Jesus, Baldwin Park resident, expressed concern regarding the crosswalk at Francisquito and Sierra Vista, noting that it is hazardous and that the medians are not clearly marked; stated that vehicles are cutting the turn, thereby hitting the islands and causing damage to vehicles Seeing no others wishing to speak, Public Communications closed at 7:49 p.m. Mayor Lozano stated that he would refer this evening's speakers to the appropriate City staff members to assist with resolving issues that have not been thus far. Page 2 of 21 CONSENT CALENDAR Councilmembers requested that Item Nos. 2, 6, 7, 8, 9, 10 and 11 be taken separately for discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 2. REJECTION OF CLAIMS Staff recommends that Council reject the following claims and direct staff to send the appropriate notice of rejection to claimants: AI-Mashat, Ali - Claimant he drove over the railroad crossing at 14446 Pacific Avenue, Baldwin Park, encountering rebar sticking from the tracks which resulted in property damage to his vehicle's suspension, tire and rim. Councilmember Baca asked for clarification on the nature of the rejection. Chief Executive Officer Shannon Yauchzee explained that the property on which the damage occurred is not owned by the City but, in fact, is Metrolink property. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to reject the claim listed on the Staff Report and direct staff to send the appropriate notice of rejection to claimants. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. APPROVAL OF MEETING MINUTES Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of Special Adjourned City Council Meeting held on June 20, 2016. B. Meeting Minutes of the Special City Council Meeting, and the Finance and Housing Authority Meetings, held on July 20, 2016. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to receive and file the minutes. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 3 of 21 4. ADOPT RESOLUTION NO. 2016-138 SETTING THE APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2016-2017 Staff recommends that Council approve and adopt Resolution No. 2016-138, entitled "A Resolution of the City Council of the City of Baldwin Park Setting the Appropriations Limit for the Fiscal Year 2016-17." A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve and adopt Resolution No. 2016-138, entitled "A Resolution of the City Council of the City of Baldwin Park Setting the Appropriations Limit for the Fiscal Year 2016-17." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 5. APPROVAL OF ANNUAL STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2016-2017 Staff recommends that Council receive and file the Annual Statement of Investment Policy for Fiscal Year 2016-17. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to receive and file the Annual Statement of Investment Policy for Fiscal Year 2016-17. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. AWARD OF BID -CITY PROJECT NO. 2016-0151 -WALNUT CREEK NATURE PARK IMPROVEMENTS - PHASE II Staff recommends that Council approve and award the contract to Lucas Builders, Inc., in the amount of $754,854, including Bid Alternates 1 through 3 in the amount of $126,750, and authorize the Mayor to execute the contract for City Project No. 2016-0151 - Walnut Creek Nature Park Improvements - Phase II. Mayor Pro Tem Garcia expressed appreciation to staff for all their hard work and for the work of the outside partners that have worked on the design work; also thanked L.A. County Supervisor Hilda Solic for her support of this project. Councilmember Rubio asked for clarification about the phases of the project and inquired about the securing funding for the next phase; asked Community and Recreation Services Director Manny Carrillo about grants being sought and what the scope of work would be for Phase III. Director Carrillo stated that grant funding is currently being pursued but deferred to Interim Public Works Director Sam Gutierrez to provide a description of the work to be performed during Phase III. Interim Director Gutierrez provided a brief description of the work, including the parking lot, enhancement to the security system, irrigation system and concrete path, and additional planting of trees and ground plants. Page 4 of 21 7. A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to approve and award the contract to Lucas Builders, Inc., in the amount of $754,854, including Bid Alternates 1 through 3 in the amount of $126,750, and authorize the Mayor to execute the contract for City Project No. 2016-0151 - Walnut Creek Nature Park Improvements - Phase II. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. AWARD OF BID - CITY PROJECT NO. 2016-0152 - MTD 1854 CORAK STORM DRAIN IMPROVEMENTS Staff recommends that Council approve and award the contract to Wright Construction Engineering Corp. in the amount of $822,265, and authorize the Mayor to execute the contract for City Project No. 2016-0152 - MTD 1854 Corak Storm Drain Improvements. Councilmember Rubio asked the Interim Public Works Director Gutierrez provide a brief overview of the project so that discussion would be relevant. Interim Director Gutierrez explained that the project primarily addresses drainage improvements to alleviate flooding at Francisquito and Ramona; storm drains will be installed along Corak, Francisquito and Earl, and connecting all to an existing L.A. County storm drain. Councilmember Rubio noted that the City shares jurisdiction in this area with Irwindale and asked whether discussions have been held with them to approach cost sharing and right of way issues. Interim Director Gutierrez stated that the project cost was bid within budget and the City is capable of funding the entire project if need be; stated that staff has met with Irwindale regarding the project and those meetings have gone well so far but nothing has been finalized thus far. Councilmember Rubio offer assistance should Irwindale show any resistance to providing assistance with letting this project move forward. A motion was made by Garcia, seconded by Pacheco, and carried (5 — 0) to approve and award the contract to Wright Construction Engineering Corp. in the amount of $822,265, and authorize the Mayor to execute the contract for City Project No. 2016-0152 - MTD 1854 Corak Storm Drain Improvements. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 8. WAIVE FORMAL BID PROCEDURES FOR THE PURCHASE OF JANITORIAL SUPPLIES THROUGH THE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE Staff recommends that Council: Page 5 of 21 a) Find that it would be uneconomical to follow purchasing procedures since the supplies are available through the existing contract with the State and the State previously completed the bidding process; and b) Find that the welfare of the public therefore would be promoted by dispensing with the purchasing procedures as allowed in the City's Purchasing Ordinance Chapter 34, Section 37(A); and c) Approve the procurement of janitorial supplies from Waxie Sanitary Supply; and d) Authorize the Recreation and Community Services Director to award the contract on a yearly basis, but not to exceed three (3) years, as long as the vendor continues to offer State pricing; and e) Authorize the Recreation and Community Services Director to expend $30,000 from Account 100-60-620-531000-00000-2 and $30,000 from 252-60-620-53100-00000-2 for a total of $60,000. Councilmember Rubio wanted to clarify, in the interest of transparency, that the bidding process is being waived because there is a significant cost saving in using the National Intergovernmental Purchasing Alliance contract which provides better prices through in -mass buying power. A motion was made by Rubio, seconded by Baca, and carried (5 — 0) to: a) Find that it would be uneconomical to follow purchasing procedures since the supplies are available through the existing contract with the State and the State previously completed the bidding process; and b) Find that the welfare of the public therefore would be promoted by dispensing with the purchasing procedures as allowed in the City's Purchasing Ordinance Chapter 34, Section 37(A); and c) Approve the procurement of janitorial supplies from Waxie Sanitary Supply; and d) Authorize the Recreation and Community Services Director to award the contract on a yearly basis, but not to exceed three (3) years, as long as the vendor continues to offer State pricing; and e) Authorize the Recreation and Community Services Director to expend $30,000 from Account 100-60-620-531000-00000-2 and $30,000 from 252- 60-620-53100-00000-2 for a total of $60,000. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 6 of 21 9. ADOPT RESOLUTION NO. 2016-139 APPROVING THE APPLICATION FOR YOUTH SOCCER GRANT FUNDS AND APPROVAL OF THE CONCEPTUAL DESIGN FOR THE CONSTRUCTION OF A COMMUNITY PARK AT OLIVE MIDDLE SCHOOL Staff recommends that Council: a) Approve and adopt Resolution No. 2016-139, entitled "A Resolution of the City Council of the City Baldwin Park Approving the Application for Youth Soccer and Recreation Development Programs Grant Funds" and approve participation in the Proposition 40 "California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002;" and b) Approve the conceptual design for the community park project. Councilmember Baca expressed concern regarding this project and read a prepared statement that was provided to her by School Board Member Christina Lucero: "Please share my concerns with the fact that the City will be spending money for plans for a property that the City does not own nor do they know if it's going to be approved by the Board of Education. Especially since the first time it is going to be presented is on Tuesday." Councilmember Baca voiced her shared concern with moving forward on this item, noting that spending money on this would be premature and asking that this item be continued to a meeting in September so that the School Board can consider the item prior to Council consideration. Councilmember Pacheco proposed that moving the item forward and presenting the School Board with a complete and approved project. Recreation Director Carrillo interjected that the item being presented to Council at this time is for approval of a Resolution that would allow staff to pursue grant funding and preparation of conceptual designs only. The deadline to apply for the grant is the first of November so he wanted to put together a package that would provide a visual concept for the School Board in order to facilitate the approval. In response to Mayor Pro Tem Garcia's suggestion that an alternate site be considered should the School District does not approve the project, Director Carrillo pointed out that applicants who collaborate with schools and other agencies receive more favorable consideration of grant funding. This, in coupled with Baldwin Park's being classification as being "park poor' increases the chances of being awarded grant funds. Councilmember Rubio asked for clarification as to whether the grant funding was related to Prop 40 or Prop 84 (open space or joint use); asked whether an additional grant application could be prepared and submitted for the park plaza project since it is a shovel ready project, the land has already been identified and it has been identified as a priority project by the community. Director Carrillo confirmed that submission of a grant application for the park plaza would also be possible with the approval of a resolution to that effect, if that serves Council's desires. A motion was made by Pacheco, seconded by Garcia. When the Mayor called Page 7 of 21 for any objections, Councilmember Rubio voiced objection as she still had questions. At the Mayor's direction, Treasurer Contreras took a Roll Call vote for a final determination on this motion. Discussion ensued as to whether the call for motion and vote were in order. The City Attorney confirmed that there was a motion and a second, and the call for the question. The Mayor again directed Treasurer Contreras to take a Roll Call vote for a final determination on this motion. The roll call vote resulted in the following: AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio. ABSENT: None. ABSTAIN: None. A motion was made by Pacheco, seconded by Garcia, and carried (3 — 2; Councilmembers Baca and Rubio voting No) to Approve and adopt Resolution No. 2016-139, entitled "A Resolution of the City Council of the City Baldwin Park Approving the Application for Youth Soccer and Recreation Development Programs Grant Funds" and approve participation in the Proposition 40 "California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002;" and approve the conceptual design for the community park project. 10. ADOPTION OF RESOLUTION NO. 2016-140, A RESOLUTION OF THE CITY OF BALDWIN PARK APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR FIRST SUPERVISORIAL DISTRICT EXCESS FUNDS FOR TREE PLANTING GRANT PROGRAM AND APPROVES THE ADOPTION OF A YOUTH EMPLOYMENT PLAN. Staff recommends that Council approve and adopt Resolution No. 2016-140, entitled "A Resolution of the City of Baldwin Park Approving the Application for Grant Funds from the Los Angeles County Regional Park and Open Space District for First Supervisorial District Excess Funds for Tree Planting Grant Program and Approves the Adoption of a Youth Employment Plan." Councilmember Baca asked whether the Conservation Corp. Youth Employment Plan would be used to retain some of the laborers for this project, noting that the City has had very good experiences with this program. Interim Director of Public Works Sam Gutierrez assured Councilmember Baca that the City will be approaching the Conservation Corp to pursue a working partnership with them. Councilmember Rubio directed staff to send a thank you note to L.A. County Supervisor Hilda Solis for facilitating this grant and the project. A motion was made by Baca, seconded by Garcia, and carried (5 — 0) to approve and adopt Resolution No. 2016-140, entitled "A Resolution of the City of Baldwin Park Approving the Application for Grant Funds from the Los Angeles County Regional Park and Open Space District for First Supervisorial District Excess Funds for Tree Planting Grant Program and Approves the Adoption of a Youth Page 8 of 21 Employment Plan." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 11. APPROVAL OF AN AGREEMENT WITH CHRISTIANSEN AMUSEMENTS FOR CARNIVAL SERVICES Staff recommends that Council approve the Agreement with Christiansen Amusements and authorize the Mayor to execute the Agreement and any related documents. Councilmember Rubio wanted to bring to Council's attention that, in this case, the City will be realizing revenue from the event and that the funds would be used for various family and child assistance programs. A motion was made by Rubio, seconded by Baca, and carried (5 — 0) to approve the Agreement with Christiansen Amusements and authorize the Mayor to execute the Agreement and any related documents. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 12. APPROVE AND ADOPT RESOLUTION NO. 2016-142 FOR THE PURCHASE OF THREE CALTRANS PROPERTIES Staff recommends that Council approve the purchase of the Properties for the stated amount of $375,000 and the tender down payment of $37,500 from the FDF. Staff further recommends that Council perform the following: a) Approve Resolution No. 2016-142, entitled "A Resolution of the City Council of the City of Baldwin Park Authorizing the Purchase of the CalTrans Owned Properties 13057 — 13065 Garvey Avenue as CalTrans Parcel Numbers 79149-01-01, 79150- 01-01 and 79536-01-01 to Further the Development of Affordable Housing Opportunities in the City of Baldwin Park and Authorizing the City Manager to Execute Documents Relating to Same;" b) Approve the Purchase and Sale Agreement; and c) Authorize the Chief Executive Officer and the City Attorney to carry out all subsequent and needed action to complete the purchase of the Properties. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve the purchase of the Properties for the stated amount of $375,000 and the tender down payment of $37,500 from the FDF. Staff further recommends that Council perform the following: a) Approve Resolution No. 2016-142, entitled "A Resolution of the City Council of the City of Baldwin Park Authorizing the Purchase of the CalTrans Owned Properties 13057 — 13065 Garvey Avenue as CalTrans Parcel Numbers 79149-01-01, 79150-01-01 and 79536-01-01 to Further the Page 9 of 21 Development of Affordable Housing Opportunities in the City of Baldwin Park and Authorizing the City Manager to Execute Documents Relating to Same;" b) Approve the Purchase and Sale Agreement; and c) Authorize the Chief Executive Officer and the City Attorney to carry out all subsequent and needed action to complete the purchase of the Properties. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. PUBLIC HEARING 13. CONDUCT A PUBLIC HEARING TO CONSIDER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CONFIRMING THE ADVISORY BOARD'S REPORT AND LEVYING THE ASSESSMENT IN THE BALDWIN PARK CITYWIDE ASSESSMENT BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2016-17 Staff recommends that Council conduct a Public Hearing and, following the public hearing, approve the FY 2016-2017 Business Improvement Allocation Budget, then waive further reading, read by title only, and adopt Resolution No. 2016-125, entitled "A Resolution of the City Council of the City of Baldwin Park, Confirming the Advisory Board's Report and Levying the Assessment in the Baldwin Park Citywide Business Improvement District for Fiscal Year 2016-2017." Mayor Lozano declared the Public Hearing Open at 8:28 p.m. and invited those wishing to speak in support of the project. Seeing no one wishing to speak in support, Mayor Lozano invited those wishing to speak against the item to come forward. Art Luna, Baldwin Park resident, commented on the levying of taxes and the burden it places on the residents of Baldwin Park; alleged that certain councilmembers are misusing city tax dollars. Danny Damien, Baldwin Park resident, asked about a report that had been previously promised to those who requested it; orated several changes in funding allocations in various accounts and asked about those changes; inquired as to where the funds from the Business Improvement levy is being spent; asked why there are not any business owners represented on the Business Improvement Committee. Greg Tuttle, Baldwin Park business owner, inquired about the boundaries of the business improvement district and noted that he is paying the levy on his business license despite his not being within the district; pointed to various events that are funded by the Business Improvement tax yet they do not provide any value to businesses. Seeing no others wishing to speak on the matter, Mayor Lozano closed the Public Hearing at 8:37 p.m. Page 10 of 21 Councilmember Baca inquired as to where (in financial reporting or budgeting) the revenue realized by the advertisements in the Baldwin Park NOW is recorded and how it is accounted for. Recreation and Community Services Director Manny Carrillo stated that much of the revenue funds received for various programs or activities is used to offset the cost to the City; he then deferred to Finance Director Rose Tam to provide a more accurate explanation. Finance Director Tam stated that the funds received as revenue for publication of advertisement in the Baldwin Park NOW is deposited into a designated account and is used to offset the cost of printing and related expenses. Councilmember Baca then asked about the Certified Farmer's Market and the expenditures associated with this program; asked about a services associated with various events and how funding is identified. Councilmember Baca asked that the ordinance be brought before Council in a Study Session for review and possibly revised the ordinance; Councilmember Rubio and Councilmember Baca both suggested that members of the business community be included so as to provide input when reviewing and revising the ordinance, particularly as it relates to the use of this tax. A motion was made by Pacheco, seconded by Garcia. When the Mayor called for any objections, Councilmembers Baca and Rubio voiced objection. At the Mayor's direction, Treasurer Contreras took a Roll Call vote for a final determination on this motion. The roll call vote resulted in the following: AYES: Lozano, Garcia, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. A motion was made by Pacheco, seconded by Garcia, carried (3-2; Councilmembers Baca and Rubio voting no) to approve the FY 2016-2017 Business Improvement Allocation Budget, then waive further reading, read by title only, and adopt Resolution No. 2016-125, entitled "A Resolution of the City Council of the City of Baldwin Park, Confirming the Advisory Board's Report and Levying the Assessment in the Baldwin Park Citywide Business Improvement District for Fiscal Year 2016-2017." Following the conclusion of the vote, Councilmember Pacheco pointed to several of the services and activities that directly benefit the businesses. Councilmember Baca directed that the CEO look into the ordinance that exists for the Business Improvement tax, noting that it has not been reviewed in 30 years; also noted that the Noise ordinance needs to be reviewed and asked that any ordinances that have not been reviewed in the past 10 years should be considered for revision to reflect the current community needs. Page 11 of 21 REPORTS OF OFFICERS 14. SIX MONTH UPDATE ON GRANT WRITING ACTIVITIES FROM CALIFORNIA CONSULTING AND DEL SOL SOLUTIONS Staff recommends that Council review and receive the report, and provide direction to staff. CEO Yauchzee referred Council to the staff report and attachments included with the agenda packet and stated that representatives from each of the consultant companies are present in order to provide information and answer any questions Council may have. Steve Samuelian, owner of California Consulting (CC), and David Marquez, Grant Writer, provided a written report and summarized the content of the report; identified staff members that have been working with the City and pointed to specific grants and dollar amounts that CC has applied for on behalf of the City. Mr. Samuelian also recited some additional grants that have been sought on behalf of the Public Works Department and the Housing and Economic Development departments. He noted that his staff works very hard to make sure the grants match the needs of the City and that quality, rather than quantity, is the priority. Councilmember Rubio commented that CC is currently working with two departments within the City; she inquired about the additional costs should the City choose to have CC work with additional departments. Mr. Samuelian confirmed that CC is fully staffed and could take on the additional work; commented that an increase in the contract would be necessary but that it would not be a dramatic increase and he would be willing to meeting the CEO Yauchzee to negotiate any additional fees. Councilmember Baca asked that Mr. Marquez elaborate on what CC is working on as it relates to the Metro Village project as she is unclear about current and previous grant fund requests. Mr. Marquez began explaining when Director Carrillo noted that the current grant fund requests are for Phase II of the project. With that, Councilmember Baca was satisfied and thanked Mr. Marquez. Councilmember Pacheco asked what the average length of time, start to finish, it takes to successfully obtain a grant. Mr. Samuelian explained that it depends on the nature of the grant and the agency, noting that 2 months is the best case scenario, the average is 6 months but also stating that some grants can take up to a year. Councilmember Pacheco asked that the consultant provide an estimated completion with each grant update report provided. Mr. Solano, representing Del Sol, narrated the report provided to Council and highlighted the grant funds that have been or are currently being worked on. Mr. Solano sought approval from Council to negotiate with staff the restructuring of the contract from a monthly retainer to a project -by -project or hourly rate. He felt that this would be a more efficient and cost effective manner in which to perform this contract. Councilmember Pacheco asked Mr. Solano for clarification on some grant projects that had previously been worked on. Councilmember Pacheco asked that Del Sol also Page 12 of 21 provide estimated time of completion for the grants identified in their reports. A motion was made by Pacheco, seconded by Garcia. When the Mayor called for any objections, Councilmember Rubio voiced objection, stating that discussion had not yet been concluded. At the Mayor's direction, Treasurer Contreras took a Roll Call vote for a final determination on this motion. The roll call vote resulted in the following: AYES: Lozano, Garcia, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. Councilmember Rubio voiced her objection to the motion and stated for the record "I believe this is to be absolutely inappropriate. We are paying for consultants, and as council members we're not given the opportunity to ask questions. How do we make informed decisions if we haven't had a chance to ask questions? How do you make an informed decision if you don't have all the information for us to be spending taxpayer money? I just don't get that, so I really have to strongly state my objection that this is not about not going forward with the contract, this is about having answers. I would like the opportunity to ask questions if we're spending taxpayer money and the answer to that is no — I object." A motion was made by Pacheco, seconded by Garcia, and carried (3-2; Councilmembers Baca and Rubio voting no) to direct staff to renegotiate contracts with both consultants and return again with reports to Council. Councilmember Baca expressed concern regarding previous invoices submitted from Del Sol and recited some of the entries from invoices previously submitted by Del Sol. Pointed out that some invoices seemed inconsistent, seemed excessive, changed from lump sum to hourly, and were in need of clarification and justification for the invoice entries and charges; pointed out that there is no evidence that Del Sol has shown any results for the work being billed for. A motion was made by Pacheco, seconded by Garcia, to direct staff to meet with both consultants to review invoices and report back to Council. Mayor Lozano gave direction to City Treasurer Contreras to take a Roll Call vote, however, Councilmember Rubio objected, stating that the item was still on the table for discussion and she had additional questions. Mayor Lozano conferred with City Attorney Tafoya, who informed Council that there was a previous motion and discussion was suspended. Following the vote, discussion continued. That discussion must be completed before any other motion or action can be taken. Councilmember Baca reiterated her questions as to Mr. Solano's explanation of the services and justification of charges billed to the City. Councilmember Baca further asked that Mr. Solano prepare a report and bring it back before Council. Councilmember Rubio pointed out that, during review of performance and invoices of the two consultants, she found that there were several places where duplicate work was Page 13 of 21 being performed. She pointed out that this is not in the best interest of taxpayers, nor is it cost effective for staff to have to meeting with two different consultants that are essentially working on the same grant. Councilmember Rubio asked that Council consider shifting all work to California Consulting, since they have shown strong performance and they confirmed that they have the ability to take on the additional work. A motion was made by Rubio, seconded by Baca, to suspend all negotiations with Del Sol to allow time to further review of the contract and invoicing, and transfer all current and upcoming projects to California Consulting until the review of Del Sol is concluded. Councilmember Pacheco voiced objection. At the Mayor's direction, Treasurer Contreras took a Roll Call vote for a final determination on this motion. The roll call vote resulted in the following: AYES: Baca, Rubio NOES: Lozano, Garcia, Pacheco ABSENT: None, ABSTAIN: None. The motion failed with a vote of (2 — 3) with Mayor Lozano, Mayor Pro Tem Garcia and Councilmember Pacheco voting no. Mayor Pro Tem Garcia asked for clarification and reiterated that the motion that was just passed is to renegotiate contracts and that the proposal by Del Sol to renegotiate the contract at an hourly rate rather than a flat monthly would like be acceptable. Councilmember Pacheco requested that, given the allegations, the consultants, staff and Councilmembers Baca and Rubio sit down and review the invoices in question to answer any questions that may be outstanding and to clarify any questions that exist. Councilmember Baca made a motion to direct that Del Sol appear at the Council Meeting of August 21, 2016, with a report that provides detailed justification for services billed to the City. Mayor Pro Tem Garcia amended the motion to include the direction that the renegotiated contract be brought back before Council at that same meeting. Councilmember Rubio briefly clarified that her previous comments were not allegations but were, in fact, true but that the invoices she audited were not those of California Consulting or Del Sol. Councilmember Baca noted for the record, to those listening to the audio, that the referenced invoices and all other invoices are a matter of public record and can be requested for review. A motion was made by Garcia, seconded by Baca, and carried (5 — 0) to direct that Del Sol appear at the Council Meeting of August 21, 2016, with a report that provides detailed justification for services billed to the City, that staff will bring back a renegotiated contract with Del Sol, and that staff will fully vet all future invoices Page 14 of 21 prior to payment to consultants so that Council will not see these kinds of issues in the future. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 15. CONSIDER THE RATE ADJUSTMENT REQUEST FOR SOLID WASTE FEES DUE TO CPI INCREASE, MANDATED RECYCLING AND QUARANTINE SURCHARGES, AND ADOPT RESOLUTION NO. 2016-141 APPROVING THE RATE ADJUSTMENTS Staff recommends that Council give staff direction based on the Study Session as staff cannot make a recommendation at this time since adequate information was not provided prior to the agenda posting. Waste Management subsequently provided details of the Rate Adjustment Request for Solid Waste Fees to include: 1. An annual rate increase equal to the percentage increase in the Consumer Price Index (Garbage and Trach Collection, U.S. City Average, published by the United States Department of Labor, Bureau of Labor Statistics); 2. The establishment of new rates for commercial businesses that are now required to recycle organics per California State Assembly Bill 1826 (AB 1826); and 3. A surcharge of $0.81/month/home to offset additional costs incurred by Waste Management to properly handle green waste generated within an area of the City inside a California Department of Food and Agriculture (CDFA) quarantine that restricts the movement and requires specific handling of green material to prevent the spread of Huanglongbing disease. Waste Management later amended the request to approve only items 1 and 2. Item 3, the CDFA quarantine surcharge would be removed. Councilmember Baca asked that this item be brought back before Council in September as there are several issues that need to be discussed and items that are ambiguous. Mayor Lozano noted that item 3 of the request for the surcharge was removed. Mayor Pro Tem Garcia pointed out that, since item 3 of the request had been rescinded by Waste Management, she would like to have this item move forward and be given consideration for approval. A motion was made by Baca, seconded by Rubio, to move this item to a meeting in September for consideration and further discussion. Mayor Pro Tem Garcia voiced objection. At the Mayor's direction, Treasurer Contreras took a Roll Call vote for a final determination on this motion. The roll call vote resulted in the following: AYES: Baca, Rubio NOES: Lozano, Garcia, Pacheco ABSENT: None. ABSTAIN: None. Page 15 of 21 The motion failed with a vote of (2 — 3) with Mayor Lozano, Mayor Pro Tem Garcia and Councilmember Pacheco voting no. Discussion continued as Council expressed discontented with Waste Management's tactic of trying to charge the customers for disposal of green waste when Waste Management would actually be making money in the disposal of the green waste (for compost, etc.). A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to approve the Rate Adjustment Request for Solid Waste Fees to include: 1. An annual rate increase equal to the percentage increase in the Consumer Price Index (Garbage and Trach Collection, U.S. City Average, published by the United States Department of Labor, Bureau of Labor Statistics); and 2. The establishment of new rates for commercial businesses that are now required to recycle organics per California State Assembly Bill 1826 (AB 1826). AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 16. APPROVAL OF ADMINISTRATIVE POLICY NO. AP -16-031, ENTITLED "BALDWIN PARK SOCIAL MEDIA POLICY" Staff recommends that Council: a) Approve Administrative Policy No. AP -16-031 with black -out period of two (2) months which bars any promotion of any City Official in any social media platform for two months prior to any City election cycle; or b) Approve Administrative Policy No. AP -16-031 as is, entitled "Baldwin Park Social Media Policy" effective August 3, 2016; or c) Provide staff direction. Councilmember Baca asked that staff implement an information spot that could be featured on the City's television station, such as providing service announcements or a brief dialogue with department heads to discussion matters of community interest. Mayor Pro Tem Garcia made a motion to approve the item, however, Councilmember Pacheco asked that this item be held over to a future meeting in order to clarify the "black out period" options. A motion by Pacheco, seconded by Garcia, and carried (5 — 0) to carry this item to a future meeting once staff has made appropriate revisions requested by Council. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 16 of 21 17. REVIEW OF CURRENT APPLICATIONS AND CONSIDER APPOINTMENT OF OFFICE SEAT NO. 5 ON THE RECREATION AND COMMUNITY SERVICES COMMISSION, AND APPROVE RESOLUTION NO. 2016-124 ACCORDINGLY Staff recommends that Council review the Commission applications submitted for Office Number 5 of the Recreation and Community Services Commission, accept nominations, authorize staff to initiate the appropriate background checks through the Department of Justice (DOJ) and, contingent upon satisfactory clearance by the DOJ, appoint individuals to the respective City Commissions and adopt Resolution No. 2016-124, entitled, "A Resolution of the City Council of the City of Baldwin Park Appointing Individuals to the Recreation & Community Services Commission of the City of Baldwin Park, to Office Numbers 1, 2, 3, 4, and 5." A motion by Lozano, seconded by Garcia, and carried (5 — 0) to nominate and appoint Jesus Rodriguez to the Recreation & Community Services Commission, Office 5. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 18. APPROVE RESOLUTION NO. 2016-127, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY," AND FOLLOWING REVIEW AND APPOINTMENT OF MEMBERS TO ESTABLISHED COMMITTEES, ADOPT SAID RESOLUTION Staff recommends that Council 1) review and appoint members to the positions of representatives and alternates of the established committees and organizations presented in Resolution No. 2016-127, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City;" and 2) review in-house committee appointments and select or nominate members as representatives of these committees accordingly. San Gabriel Valley Water Association 1. Councilmember Susan Rubio 2. Mayor Manuel Lozano Motion by Rubio, second by Baca, carried (5 — 0) Los Angeles County Sanitation District Nos. 15 & 22 1. Mayor (mandatory) 2. Councilmember Ricardo Pacheco Motion by Garcia, second by Lozano, carried (5 — 0) League of California Cities — Los Angeles County Division 1. Councilmember Cruz Baca 2. Councilmember Susan Rubio Motion by Rubio, second by Baca, carried (5 — 0) Page 17 of 21 Civil Defense Area "D" Director's Meeting 1. Police Chief Michael Taylor 2. Mayor Manuel Lozano Motion by Lozano, second by Rubio, carried (5 — 0) Civil Defense Area "D" General Membership 1. Police Chief Michael Taylor 2. Councilmember Ricardo Pacheco Motion by Lozano, second by Baca, carried (5 — 0) Independent Cities Association 1. Mayor Pro Tem Monica Garcia 2. Councilmember Ricardo Pacheco Motion by Lozano, second by Garcia, carried (5 — 0) Independent Cities Association Lease Finance Authority 1. Councilmember Ricardo Pacheco 2. Police Chief Michael Taylor Motion by Pacheco, second by Garcia, carried (5 — 0) Los Angeles County — City Selection Committee 1. Mayor Manuel Lozano (mandatory) 2. Mayo Pro Tem Monica Garcia Motion by Lozano, second by Pacheco, carried (5 — 0) Southern California Association of Governments 1. Councilmember Cruz Baca 2. Councilmember Susan Rubio Motion by Lozano, second by Rubio, carried (5 — 0) Foothill Transit Zone 1. Councilmember Ricardo Pacheco Motion by Garcia, second by Lozano, carried (3 — 2); Baca and Rubio — No 2. Councilmember Baca Motion by Rubio, second by Baca, carried (5 — 0) San Gabriel Valley Council of Governments 1. Mayor Pro Tem Monica Garcia Motion by Pacheco, second by Garcia, carried (3 — 2); Baca and Rubio — No 2. Councilmember Cruz Baca Motion by Rubio, second by Baca, carried (5 — 0) Independent Cities Risk Management Authority (ICRMA) 1. Councilmember Ricardo Pacheco 2. Mayor Manuel Lozano 3. Chief Executive Officer Shannon Yauchzee Motion by Baca, second by Garcia, carried (5 — 0) Page 18 of 21 City Committees Audit Committee — Susan Rubio; Cruz Baca Civic Center Park/Plaza — Susan Rubio; Cruz Baca Community Collaboration Committee — Susan Rubio; Ricardo Pacheco Ad Hoc Committee for Downtown Business — Ricardo Pacheco; Monica Garcia WorkSource Committee — Ricardo Pacheco; Cruz Baca Median Landscape Committee — All Council Energy Committee — All Council A motion by Pacheco, seconded by Garcia, to direct that all Committee memberships will remain the same and that all Committees be made up of all five councilmembers. Councilmember Baca voiced objection. At the Mayor's direction, Treasurer Contreras took a Roll Call vote for a final determination on this motion. The roll call vote resulted in the following: AYES: Lozano, Garcia, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. The motion carried with a vote of (3 — 2) with Councilmember Rubio and Councilmember Baca voting no. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Councilmember Susan Rubio for discussion & direction on the following: • Councilmember Rubio is requesting consideration to renegotiate consultant contracts and suspend all payments until the duplication of services is stopped, and they provide specific explanation of all services rendered. Councilmember Rubio expressed concern regarding the payment of consultant invoices when the work being billed for is not being fully verified; pointed out that there appears to be duplicate work being performed by different consultants. Voiced strong objection to the consultants using City staff to perform some of the tasks that the consultant should be doing. Councilmember Rubio recounted the previous action of Council in which the contract approval threshold was increased from $25,000 to $120,000; expressed her displeasure that contracts of such high dollar values were being approved and council was not kept informed. Councilmember Pacheco suggested that staff be directed to look further into the administration of contracts and more closely monitor invoicing and payment to consultants. Mayor Pro Tem Garcia opined that the concerns raised by Councilmember Rubio were indirectly related to her meetings with consultants during the pre-election period when political campaign fundraising was underway; implied that there was a political agenda associated with the objection to the higher contract thresholds; pointed out that there has never been any charges or investigation by authorities for wrongdoing. Page 19 of 21 Councilmember Rubio pointed out that a significant amount of money was paid to a consultant when, in fact, SGV Vector Control had told her that they would pay for all of the costs associated with resident outreach. Councilmember Rubio made inquiries with staff about preparation of project schedules and other work that had been performed and billed by a consultant. Councilmember Rubio stated that her main concern is how residents' money is being spent and that monitoring expenditures is important; asked that further discussing on this topic be agendized for a study session. Councilmember Pacheco alleged that Councilmember Rubio was questioning the invoices and consultant contracts as a retaliatory act in response to not making a significant contribution to her sister's election campaign; suggested that staff/council sit down and review the invoices and contracts in question; . Mayor Pro Tem Garcia stated that staff is being blind -sided by these questions; agreed to reviewing invoices if that is what is necessary but that staff should be trusted to manage these projects. Councilmember Baca exampled the importance of auditing invoices and performance by recapping a past incident in which an attempt was made to rush through invoices for the purchase of what was supposed to be specialty oil filters, at a cost of $40,000, when, in fact, there was nothing special about the filters. Strongly stated that examining the invoices and work performance is not a political issue. Councilmember Baca noted that Mayor Pro Tem Garcia and Councilmember Pacheco left the dais and subsequently left the Council Chambers. Councilmember Rubio responded to a comment pointing out that the consultant that was brought in by Councilmember Baca was hired to find ways to cut costs and would not collect any fees unless a cost savings was realized; opined that the City seems to be outsourcing work that could effectively be performed by staff. • Councilmember Rubio is requesting consideration of a space near the Police Department to designate as an e-commerce (buyer/seller) exchange area to protect consumers from theft or inappropriate behavior, as well as a designated child custody drop-off area. Councilmember Rubio explained that there have been many instances in which people have been assaulted and/or robbed when they meet, in good faith, with another person for what was allegedly buy/sell exchange. Councilmember Rubio would like to have a parking area designated where people can meet to exchange children or to exchange goods through a buy/sell transaction can do so safely. Chief Taylor stated that he has already spoken to staff and identified the large patio area behind the ARC building and adjacent to the Police Department entrance as a designated location; noted that some minor adjustments to security cameras would need to be made but the area is currently well lit, has wide ingress and egress, and its proximity to the police department heighten the security of the location. Page 20 of 21 • Councilmember Rubio is requesting discussion and consideration to enhance and/or implement new programs to improve police/community relations. Councilmember Rubio asked that some enhancements be made to showing the collaboration of the City and Police Department, showing the unity; asked that a banner be prepared to feature both the City seal and Police Department symbol. Request by Councilmember Cruz Baca for discussion & direction on the following: • Councilmember Baca is requesting consideration of directing legal counsel to research the Good Samaritan Food Act in regards to donating food from our City events to those less fortunate, and in addition from our restaurants, church events, and other organizations. Food could be offered to non -profits, for pick up and also possible delivery. Councilmember Baca asked that the City Attorney research the Good Samaritan Food Act, which was originally passed in the 1960's; the Act allows for the donation of leftover food from events (public or private) to churches, shelters and other community food kitchens but provides liability protection to those who donate. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano, seconded by Councilmember Rubio, to adjourn the Regular meeting at 10:37 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Page 21 of 21 MINUTES ITEM NO. BALDWIN PARK HOUSING AUTHORITY AUGUST 17, 2016, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 9:53 p.m. ROLL CALL City Council present: Council Member Ricardo Pacheco Council Member Cruz Baca Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 9:54 p.m. and seeing no one wishing to speak, Public Communications closed at 9:54 p.m. CONSENT CALENDAR 1. TREASURER'S REPORT: JUNE 2016 Staff recommends that the City Council receive and file the June 2016 Treasurer's Report. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to receive and file the June 2016 Treasurer's Report. 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 Garcia, to adjourn the meeting at 9:54 p.m. Mayor ATTEST: City Clerk APPROVED: MINUTES BALDWIN PARK FINANCE AUTHORITY AUGUST 17, 2016, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 9:50 p.m. ROLL CALL City Council present: Council Member Ricardo Pacheco Council Member Cruz Baca Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 9:50 p.m. and seeing no one wishing to speak, Public Communications closed at 9:50 p.m. CONSENT CALENDAR 1. TREASURER'S REPORT: JUNE 2016 Staff recommends that the City Council receive and file the June 2016 Treasurer's Report. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to receive and file the June 2016 Treasurer's Report. 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 Garcia, to adjourn the meeting at 9:52 p.m. Mayor ATTEST: City Clerk MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING AUGUST 17, 2016, 6:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 6:15 p.m. by Mayor Lozano. ROLL CALL PRESENT: Councilmember Ricardo Pacheco Councilmember Susan Rubio Councilmember Cruz Baca Mayor Pro Tem Monica Garcia Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 6:15 p.m. Seeing no one wishing to speak, Public Communications closed at 6:15 p.m. OPEN SESSION 1. PRESENTATION OF THE 5 -YEAR CAPITAL IMPROVEMENT PROJECT BUDGET FOR FY 2016 - 2021 Presentation by Finance Director Rose Tam to review of the proposed 5 -Year Capital Improvement Project (CIP) Budget for the five year fiscal period from July 2016 to June 2021. Chief Executive Officer Shannon Yauchzee began by providing a brief overview and the goal of the presentation; noted some upcoming projects including procuring computer workstations and servers, hybrid vehicles for code enforcement, several upcoming public works projects and funding for the MetroLink and Quiet Zone. As discussion ensued, staff members answered questions of Council, explaining restrictions on funding sources, grant opportunities and progress made thus far. Council expressed appreciation to staff and noted their satisfaction of the discussion; CEO Yauchzee concluded the presentation and thanked Council for their consideration. RECESS TO CLOSED SESSION At 6:40 p.m., Council recessed to Closed Session. 2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Murillo v City of Baldwin Park, Case No. 2:16-cv-05265 Page 1 of 2 3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Three (3) 4. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8: Property: 14434 East Pacific Avenue – APN #8553-023-007 Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Amelia Perez and Mario Zavala, seller's agent Under Negotiation: Price and terms of payment Property: 4024 Maine Avenue – APN #8554-001-910; 14408 Ramona Blvd – APN #8554-001-012; and 14412 Ramona Blvd – APN #8554-001-011 Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: City of Baldwin Park; Ramon Arias; and Miguel Rascon Under Negotiation: Price and terms of payment 5. PUBLIC EMPLOYEE APPOINTMENT (GC §54957): Title: Human Resources Manager RECONVENE TO OPEN SESSION ADJOURNMENT There being no further business, motion was made by Lozano, seconded by Pacheco, to adjourn the meeting at 7:14 p.m. REPORT ON CLOSED SESSION Mayor Lozano reported out of Closed Session that no action was taken on any items discussed. Mayor ATTEST: City Clerk APPROVED: Page 2 of 2 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING AUGUST 17, 2016, 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 7:15 p.m. INVOCATION The invocation was provided by Council member Pacheco. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Ricardo Pacheco Council Member Cruz Baca Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano stated that no action was taken on items discussed in Closed Session and there was nothing to report. ANNOUNCEMENTS Mayor Lozano announced the commencement of the Housing Authority and Finance Authority meetings concurrently with this evening's Council meeting. PROCLAMATIONS. COMMENDATIONS & PRESENTATIONS • Presentation of a Plaque to Dr. Mario Jimenez, owner of Knoll's Pharmacy, to commemorate its 28 years on Ramona Avenue and for Dr. Jimenez's many years of service and dedication to the health of Baldwin Park Residents. Mayor Lozano presented a Plaque to Dr. Mario Jimenez recognizing his long service in the community and to commemorate the 28th anniversary of his business, Knoll's Pharmacy, in Baldwin Park. • Presentation by Jeff Allen, President of the San Gabriel Valley Economic Partnership and Director of Marketing and Communications, Regina Wang, who will be providing a demonstration of the SGV Economic Development PowerSite. Presentation by representatives of the San Gabriel Valley Economic Partnership, Jeff Alred, President, and Regina Wang, Director of Marketing and Communications, to provide a demonstration of the new SGV Economic Development PowerSite, a website that provides demographic, economic and industry data for each city, which can be utilized by investors, brokers and business developers who are looking for property sites to establish businesses. • Presentation by Metrolink representatives to provide updates on horn noise, train operations and a proposed Quiet Zone. Patricia from Metrolink provided some background on the BNSF locomotives that are running along the San Bernardino line. These trains were brought in because some of the safety issues that were discovered in the commuter cabs and, in an abundance of caution, they pulled those cabs out of service and brought in the BNSF trains as a temporary solution. Metrolink is currently repairing the commuter cabs and expect to have the locomotive trains off the route by November. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:58 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Monica Albert, Baldwin Park business owner, commented on the Metrolink presentation, stating that the problem can be blamed as much on the engineers as on the train horns; stated that there is one engineer who, at 4:50 p.m., pulls the horn in three short pumps while the engineer at 5:20 p.m. pulls the horn for one long pump; invited Metrolink representatives to come to her office to take a survey of the daily noise patterns made by the trains. Art Luna, Baldwin Park resident, read a headline from an unspecified newspaper article; alleged that the City Attorney should not be allowing conflict of interest conduct within the City, referring to council member activities; made various derogatory comments. Juan Rios, Baldwin Park resident, opined that the Mayor should be maintaining better control of the conduct of council members, referring to incidents when Council members left meetings prior to adjournment; commented on the Recreation Director's attendance at the School Board meeting and the Interim Public Works Director's summary of pending work to be done at the Walnut Creek Nature Park. Joanne Watkins, Baldwin Park resident, stated that she resides on Hallwood Street and is asking that speed bumps be installed on her street; explained that North Park High School is nearby and there is a problem with high school students speeding in the area where elementary school children are walking to and from school. Raul Silva, Baldwin Park resident, came to seek assistance with problems in his neighborhood; stated that residents of a nearby condominium have an excessive number of cars and parking has becoming a serious problem; expressed concern regarding the safety of the neighborhood because of people coming in and out at all hours of the night; stated that police dispatch has been rather unfriendly and unhelpful. Ken Woods, Baldwin Park resident, pointed out that Council member Pacheco had replaced Council member Baca as the representative on the Foothill Transit Commission but then missed the first meeting and alleged that the Council member is not fulfilling his duty; opined that the officials elected by the people should be the ones making decisions on expenditures of City funds, not a third party; asked that the $120,000 cap be reduced and Council take responsibility for spending taxpayer money. Rojitos Sabida, Baldwin Park resident, stated that he feels he was unjustly penalized when his vehicle was towed; stated that he already filed a claim against the City; opined that the Police Department associates themselves with Royal Coaches Towing; expressed concern because Page 2 of 17 citizens are paying for a parking citation and then paying a steep fee to retrieve their car from the towing company; stated that the towing policy is very unjust. Anqie Marcias-Mendez, Teen — Children's Librarian at Baldwin Park Library, expressed thanks to Council and the community for their support of the Summer Reading Program; announced that the library will be featuring reading programs this fall as well. Lilian De Loza, San Gabriel Valley Representative Deputy representing Los Angeles Metro, introduced herself and offered to provide any information regarding transportation questions and concerns that the community may have. Greg Tuttle, Baldwin Park business owner, alleged that some Council members received campaign contributions from Royal Coaches Towing; alleged that Recreation Director Carrillo lied about the vector control item and misrepresented the City at the School District meeting; alleged that Council members were spending money inappropriately with a preferred contractor; noted that the Farmer's Market was a failure; commented that $52,000 was spend on filing of restraining orders. Unidentified speaker, thanked the librarian for the wonderful summer time reading programs at the library; stated that she has done extensive research on the public housing vouchers program and she has determined that she meets the qualification for assistance; asked that she be given the opportunity to speak to someone of higher authority [than the housing manager] to discuss her situation and that she be considered for any assistance that can be offered to her. Unidentified speaker, Baldwin Park resident, lives on Foster and is unhappy because parking is becoming an issue; stated that because there is an elementary school nearby, cars are loitering in a 'no parking' zone while waiting to pick up children; noted that she has called Code Enforcement several times but they are not being consistent in enforcing restriction and, at times, she cannot get into her driveway. Margarita Vargas, Baldwin Park resident, expressed appreciation and admiration for Recreation Director Carrillo's presentation at the School District meeting, stating that the renderings were helpful; pointed out that some board members hesitant because they are new; opined that Council is not administering Robert's Rules of Order and the parliamentary process properly during council meetings; stated that the proper procedure is: motion, second, discussion, vote. Seeing no others wishing to speak, Public Communications closed at 8:33 p.m. Mayor Lozano commented on the testimony of Mr. Tuttle and challenged him to bring the alleged evidence of wrong -doing so that it can be made public and a formal response can be prepared. Council member Pacheco thanked staff for their hard work, and Director Carrillo for the work he put into park project and presentation to the School District; expressed his support for moving the project forward by applying for grant funds and by continuing to pursue conversations with the School Board so as to collaborate on the project. Council member Pacheco stated that he would like to challenge the issues raised by Council member Rubio regarding payment of invoices to consultants; he also stated that Council members do not pay invoices nor do they approve them as this responsibility is left to staff to perform; stated that, because Council member Rubio did not present any invoices or other documents to Council or staff for examination and to properly address the matter, he feels she is unfair; stated that he did some research on his own and found that she and Page 3 of 27 Council member Baca sat on a Civic Center Committee and were allocated for the project funds but overspend by approximately $2,000, yet the project is not complete. Mayor Lozano interjected that Council member Pacheco was speaking about an item that was not on the agenda and would, therefore, need to be agendized for a future meeting. Mayor Lozano also responded to testimony by Margarita Vargas regarding parliamentary procedure; stated that Baldwin Park has never adopted a formal set of rules given there are dozens of different procedures. Council member Baca asked that Council adopt formal procedures since she received a great number of phone calls and comments from constituents; asked that the City Attorney Tafoya prepare and present options to Council for selection and adoption. Mayor Pro Tem Garcia concurred with the discussion and the selection of Robert's Rules but also asked that Council be wise with the use of time while conducting business in the council meetings; opined that a good example was the time spent on discussing the cost of the annexation to the Vector Control District; suggested that agendas be prepared and provided to Council more than a week in advance of meetings to allow ample time to review the materials. Council member Rubio responded to comments of Mayor Pro Tem Garcia, stating that the staff report presented for consideration [for vector control] only listed two options — one for $29,000 and one for $90,000 — and she naturally selected the lower cost of the two; opined that she felt she had no other choice than to select one of the two options presented to her. Mayor Pro Tem Garcia noted that there were more than two options provided to Council on the Vector Control item, but that the point she was making is that time management is her concern and she is asking that Council members be prepared when they attend meetings. Council member Rubio explained that her concern was taking action without notifying the residents; noted that surveying the community was previously handled by staff rather than having it outsourced; also noted that many contracts are being approved prior to Council seeing them and they are only seeing invoices. Mayor Pro Tem Garcia reiterated her desire to be mindful of time, stating that these items are being discussed long after they were approved and that she would like to move forward with business. CONSENT CALENDAR Council pulled Items 1, 3, 4, 5, 6, 7, 8 from Consent Calendar for further discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. Council member Baca said that she had reviewed invoices submitted by Del Sol and questioned the fact that they clumped two or three invoices together and that work items were listed vaguely, such as "looking into grants for musical instruments for $8,000 through the Fender foundation;" "met with Kaiser Permanente in regards to another $25,000 for Walnut Creek;" She pointed out that she feels that Recreation and Community Services Director Manny Carrillo has been working on identifying grants and his staff has worked on grants for a lot of the City parks; she expressed objection to paying $3,900 per month to a consultant to perform the same work that Page 4 of 17 City staff is already doing; stated that she has a copy of a check for $15,600 payable to Del Sol, yet she has yet to see a report or a presentation from them; stated that she feels that they have only provided hypothetical projections that are "in the pipeline," yet they are submitting invoice after invoice for payment. Council member Baca also reviewed invoices submitted by AIMS, noting that they are payed an hourly rate of $172.41. She read one line item as "monthly internal strategy outline preparation — 3 hours" and asked why they would be charging for something that is "internal." Another invoice line item said "Meeting update with Pacheco and Garcia — 6 hours" and another meeting with Mayor Lozano. Council member Baca questioned several of the invoice charges and the nature of the work and hours being billed. She also pointed out that AIMS staff should be meeting with all Council members, not just selective members. Council member Baca stated that all payments should be stopped to all consultants until an investigation can be conducted to determine whether the charges are legitimate and warranted. Council member Rubio pointed out that discussions should have been held with all five council members and asked why these consultants are not making presentations and reports at Council meetings where all five Council members and the public can hear the reports. She also pointed out that, since these consultants have not met with her like they have with other Council members, she has not had the opportunity to ask questions so she makes those inquiries during the regular Council meetings. Council member Pacheco compared these matters to that of the Civic Center Committee that Council members Baca and Rubio sat on, and pointed out that the consultant on that project ran over budget by $2,000 but never complete the project; asked why the invoices submitted were paid, despite the project not being completed. Council member Pacheco also brought attention to the Berkshire contract. Mayor Pro Tem Garcia commented on AIMS, saying that she had met with them several times and those meetings probably account for the 6 hours; stated that she is not opposed to them coming and giving reports to the full council; as far as specific items, all council members should be given a copy of the invoices and should be able to cross-reference the line items on the invoices. Council member Rubio stated that the committee to which Council member Pacheco is referring was an ad hoc committee created by Council to bring a civic park plaza to the front of city hall as an improvement to the area. With funds identified specifically for developing open space, a consultant worked with the ad hoc committee to develop a design and produce renderings for Council consideration. Council member Rubio noted that the project was not completed because, while it had Council's approval at one time, it later stalled out because Council member Pacheco had chosen to offer the land to a developer and initiate discussions for building apartments on the site instead. Council member Baca agreed with Council member Rubio's assertions and added that two public meetings were held with the architect in attendance; pointed out that the residence were in support of a new Civic Center Plaza and that the Mayor had been very support of the project at the time. Page 5 of 17 Council member Baca responded to Council member Pacheco's comments regarding the Berkshire contract and his assertion that she receives monies from Blanca Rubio; stated that she did not take a loan nor has she received any inappropriate contributions; pointed out that there are several instances in which Mr. Horowitz (Berkshire Group) found various ways to save the City money; stated that the invoices submitted by the contractors in question [AIMS, Del Sol] are not providing sufficient information and are charging rates that are very high. Council member Pacheco pointed out that AIMS has facilitated some joint effort projects with the County of Los Angeles; pointed out that the civic center project was allocated $505,000 and went over budget by $2,000, but that the project was never completed because the consultant did not produce construction plans and drawings; expressed concern and inquired why the consultant was paid the full amount despite not having finished the job. Council member Rubio restated that, since the project stalled when the land was designated for a developer to build apartments, it no longer made sense to pursue the project. Council member Rubio asserted that comments have been made to the effect that she is somehow blaming staff for not performing proper invoice reviews but that the opposite is true; she is very supportive of staff and believes that a lot of what the consultants are doing can be done in-house by staff members. Council member Pacheco pointed out that Council does not review invoices or contracts and, if a Council member is questioning the review and payment of invoices, they are questioning the quality of work that staff is performing; he also noted that he, personally, is not solely responsible for hiring of the consultants, stating that it takes three votes to approve a contract, and that he has no influence on any particular contract. Council member Pacheco went on to say that Council member Rubio violated City policy by directing the architect to stop the working on the project, and stated that the architect never produced specifications and drawings and stated that, the while project was allocated over $500,000, it was never completed and went $2,000 over budget. Council member Baca stated that renderings were completed, and an aerial rendering, showing the different phases, had been produced; all of the renderings and the project concept had been presented to Council, however, the City Civic Center Plaza project was set aside in favor of a residential development. Council member Baca also reiterated Council member Rubio's position that staff is fully competent and qualified to perform much of the work that is being performed by consultants; pointed out that she has reviewed invoices and payments extensively and she found that consultants have not been able to substantiate the work that they are billing the City for. Council member Pacheco responded by saying that AIMS has performed the work they are billing for and have provided staff reports, then restated his assertion that the Civic Center Plaza project was not completed and went over budget $2,000 while under Council member Baca's "watch." Mayor Pro Tem Garcia commented on the report for the Civic Center Plaza Design Agreement, noting that the cost for services is very specific and asked whether the City received a legal description as indicated in the scope of work; asked Interim Director Gutierrez if he could provide answers to some of her questions. Page 6 of 17 CEO Yauchzee responded by saying that the City did get renderings and he has asked Interim Director Gutierrez to look into the matter; stated that it is his understanding that construction drawings have not been produced. Interim Director Gutierrez confirmed that the deliverables have been completed and provided by the architect but that the construction drawings have not been finalized because they are still in review with the Planning Department. Mr. Gutierrez confirmed that he is in possession of the construction documents but that the overall design scope is about 85% complete. Mayor Lozano asked that the meeting proceed as there is other City business to discuss and this subject must be agendized prior to pursuing it any further. Council member Rubio pointed out that she did, in fact, agendize this item and based on that, asserted her right to speak on the matter; restated that, once the land was given to the developer, it seemed no longer reasonable to pursue the Civic Center Plaza project nor spend any additional funds on a project that would not come to fruition. Council member Rubio further stated that, while Council does not review individual invoices, they previously had general knowledge of expenditures because contracts had a lower value threshold of $25,000 that would trigger review and approval by Council as opposed to the current threshold of $125,000. Council member Rubio opined that Council should be accountable to the community for expenditures and it is difficult to answer questions when such large amounts are spent without Council's review; she strongly suggested that the contract values be restored to the $10,000 and $25,000 thresholds to bring the responsibility back to Council. Council member Pacheco objected to Council member Rubio's assertions, stating that she does not fully understand the business nature of construction projects and contracts; opined that projects would be severely curtained if staff had to come back to Council each time an item over $10,000 had to be approved by Council; stated that this threshold applies to Public Works only and that most cities follow this same procedure. Mayor Pro Tem Garcia agreed with Council member Rubio in that Council is accountable to the community and stated that anyone that has concerns about city processes or how City funds are being spent should step forward so that any issues can be resolved; stated that she places confidence in staff to monitor proper expenditures; opined that micromanaging staff is not the proper way to conduct business and not a wise use of time; stated that she received calls from vendors who expressed interest in doing business once the threshold was raised to $125,000; but that she was informed by those same vendors that meetings with Council members Rubio and Baca resulted in solicitations for fundraising for candidate Blanca Rubio; pointed out that with the lower cap, [council members were] creating opportunities to meet with vendors. Council member Baca stated that she would like to speak to whoever it was that alleged that she and Council member Rubio had met with them and discussed fundraising as these are false allegations and she would be glad to confront the person(s) who said this; stated that she has never done fundraising for anyone but herself; opined that the comments made by Mayor Pro Tem Garcia are an Page 7 of 17 embellishment; also noted that the City previously functioned with the lower threshold and they should be reinstated until some investigation into what appears to be irregularities in billing practices has been completed. Council member Rubio reiterated that the threshold reinstatement she is seeking is a cap that the City has been working under for many years and should not significantly hamper operations; inquired of Interim Director Gutierrez as to the discretionary cap for the City of West Covina ($10,000 and $30,000, respectively) and noted that she made inquiries with surrounding cities and found the discretionary caps to be similar as to what the City's used to be. Council member Rubio went on to say that she had a copy of a contract executed in April of 2016, for the San Gabriel River Bikeway Design Phase, with a value of $106,510; noted that she also had copies of two checks, one for over $5,325 and one for over $10,651, both of which were issued prior to the contract being executed; opined that this is a very distressing situation and asked how these payments were allowed to occur in advance of the execution of the contract; noted that this defies the concept of checks and balances and opined that she would like to contact the vendor and have the $10,000 returned to the City. Council member Rubio then asked that City Attorney Tafoya to read the date on which the contract was executed, and then to read the dates on which each check was issued. City Attorney Tafoya read aloud the date of [contract execution] April 4, 2016, [check] February 29, 2016 - $5,325.50 and [check] March 31, 2016 - $10,651.00. Council member Rubio assured Council that each member would receive a copy of the contract and checks. Mayor Pro Tem Garcia requested copies of the documents and inquired [of the Interim Director Gutierrez] as to who is overseeing this and whether there is any record as to why the checks were issued prior to the execution of the contract. Interim Director Gutierrez stated that Public Works is overseeing the project, that the contract was signed by the previous director and that, while he has reviewed the project, he does not have any record of payments being issued in advance of the contract; noted that he has only reviewed invoices issued after the contract was executed. Mayor Pro Tem Garcia asked that Interim Director Gutierrez look into this matter to determine what records exist in regard to this contract and report back to Council at its next regular meeting. Council member Pacheco stated that he would like the contractor to refund some of the money paid because work was not completed on the Civic Center Plaza project. Council member Rubio asserted that she does not want any insinuations that former Public Works Director Dan Wall did anything inappropriate or is to blame for any of the issued being discussed; [referring to a specific staff report] pointed out that, on one of the projects he oversaw, former Director Wall had made a recommendation for a contractor that had experience and whose price was competitive, but twice that staff report was pulled by Council member Pacheco, no decision was made, and the Page 8 of 17 project was eventually awarded to a different contractor; she again reiterated that the spending caps need to reverted back down. Council member Pacheco opined that Council member Rubio is again trying to blame staff and that the matter will be looked into further; supports an investigation and ask that staff review the records and speak with the contractors; asked as to whether Council member Rubio would be making a motion on the discussion. Council member Rubio affirmed her would like the matter of reverting the contract thresholds to $10,000 and $25,000, or even a $10,000 and $30,000 thresholds, be brought before Council for consideration at the next meeting. Council member Rubio made a motion, seconded by Council member Baca, to direct staff to bring before Council in the form of a staff report and agendize for consideration the of lowering of the approval caps to $10,000 and $30,000. Council member Pacheco voiced objection, therefore Mayor Lozano directed the City Clerk to conduct a Vote by Roll Call. City Attorney requested that the motion be clarified. Mayor Lozano state that, basically, the motion is to direct staff to bring it back to reduce it to $30,000. Vote by Roll Call, the results were as follows: AYES: Baca, Rubio NOES: Garcia, Lozano, Pacheco ABSENT: None. ABSTAIN: None The motion failed by a vote of 2 — 3. Council member Baca made a substitute motion that the item be brought back at the next Council meeting to consider $10,000 for the different department heads and $30,000 for the CEO. Council member Rubio seconded the motion. Council member Pacheco voiced objection, therefore Mayor Lozano directed the City Treasurer to conduct a Vote by Roll Call. Vote by Roll Call, the results were as follows: AYES: Baca, Rubio NOES: Garcia, Lozano, Pacheco ABSENT: None. ABSTAIN: None The substitute motion failed by a vote of 2 — 3. Council member Baca resumed discussion regarding the Warrants and Demands, asking for clarification from Director Carrillo, as to whether the payment of $499 noted in the report as Staff Summer Barbeque was the summer luncheon that was held recently. Page 9 of 17 Director Carrillo responded, saying that the payment was not for the event she was referring to but that it was for an end of summer staff appreciation lunch at the community center. Council member Baca inquired as to whether the money came from the General Fund, to which Director Carrillo answered to the affirmative. Council member Baca went on to inquire as to whether this is a usual practice and whether staff seeks donations or other contributions for these events; noted that In -N -Out recently donated a generous amount of food for an event and suggested that staff seek these types of donation opportunities as well. A motion was made by Council member Baca, seconded by Council member Rubio, to direct staff, beginning in September, to process all warrants and demands with the exception of AIMS and Del Sol, which are to be held for review prior to payment. Council member Pacheco voiced objection; Mayor Lozano directed the City Clerk to conduct a Vote by Roll Call. Vote by Roll Call, the results were as follows: AYES: Baca, Rubio NOES: Garcia, Lozano, Pacheco ABSENT: None. ABSTAIN: None The motion failed by a vote of 2 — 3. A motion was made by Council member Pacheco, seconded by Mayor Pro Tem Garcia, to approve the Warrants and Demands as presented. Council member Baca voiced objections. Mayor Lozano directed the City Clerk to conduct a Vote by Roll Call. During the Roll Call, Mayor Pro Tem Garcia asked that the person who is reviewing the invoices, whoever that may be, keep a very close eye on the invoices to address some of the concerns brought up during this evening's meeting. Vote by Roll Call, the results were as follows: AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None The motion passed by a vote of 3 — 2 to approved the Warrants and Demands. 2. TREASURER'S REPORT — JUNE 2016 Staff recommends that Council receive and file the Treasurer's Report for the month of June 2016. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to receive and file the Treasurer's Report for the month of June 2016. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 10 of 17 3. RESCIND PREVIOUSLY APPROVED RESOLUTIONS AND APPROVE REVISED RESOLUTIONS Staff recommends that Council rescind Resolution No. 2016-136 and Resolution No. 2016-137, and approve and adopt the following: Resolution No. 2016-144, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Ordering the Annual Levy and Collection of Assessments Associated with the Citywide Park Maintenance Assessment District for FY2016- 2017, and Authorizing the Los Angeles County Assessor to Add this Special Assessment to the Property Tax Bills."; and 2. Resolution No. 2016-145, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Ordering the Annual Levy and Collection of Assessments Associated with the Citywide Landscaping and Lighting Maintenance Assessment District for FY2016-2017, and Authorizing the Los Angeles County Assessor to Add this Special Assessment to the Property Tax Bills." Council member Rubio asked that Interim Public Works Director Gutierrez to clarify that this item is strictly for a resolution number change and that it does not change any of the content or conditions of the resolution as it was originally passed, to which Interim Director Gutierrez confirmed as being correct. A motion was made by Council member Rubio, seconded by Council member Baca, and carried (5 — 0) to rescind Resolution No. 2016-136 and Resolution No. 2016-137, and approve and adopt Resolution Nos. 2016-144 and 2016-145. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. APPROVE AND ADOPT RESOLUTION NO. 2016-146 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHING A PARTNERSHIP WITH THE COUNTY OF LOS ANGELES IN SUPPORT OF ITS "HOMELESS INITIATIVE STRATEGIES" EFFORTS TO COMBAT HOMELESSNESS." Staff recommends that Council approve and adopt Resolution No. 2016-146, entitled "A Resolution of the City Council of the City of Baldwin Park Establishing a Partnership with the County of Los Angeles in Support of its "Homeless Initiative Strategies" Efforts to Combat Homelessness." Council member Baca took a moment to extend her appreciation for having this item placed on the agenda and recognized the dire need for addressing the homeless population, noting that she participated on an ad hoc committee to combat homelessness in the San Gabriel Valley. A motion was made by Council member Baca seconded by Council member Rubio, and carried (5 — 0) to approve and adopt Resolution No. 2016-146, entitled "A Resolution of the City Council of the City of Baldwin Park Establishing a Partnership with the County of Los Angeles in Support of its "Homeless Initiative Strategies" Efforts to Combat Homelessness." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 11 of 17 5. APPROVAL OF AMENDED EMPLOYMENT AGREEMENT WITH SHANNON YAUCHZEE FOR THE POSITION OF CHIEF EXECUTIVE OFFICER (CEO) It is recommended that the City Council approve the Amended Agreement with Shannon Yauchzee for the position of CEO. Council member Rubio noted that are a couple of items that were not clear to her and, given that it is a personnel -related matter and she has a couple of more questions, she would like to have the item brought back at the next council meeting. A motion was made by Council member Rubio, seconded by Council member Baca, to hold this item over until the next regular Council meeting to allow time for Council members to seek clarification of a couple of additional questions. Council member Pacheco voiced objection, therefore Mayor Lozano directed the City Clerk to conduct a Vote by Roll Call. City Treasurer Contreras began the Roll Call Vote. Council member Rubio then stated that she is not objecting to the contract but that she is asking for the courtesy to ask questions prior to approving the raise. She reiterated that she is asking for the courtesy to ask questions. The Roll Call continued and results were as follows: AYES: Baca, Rubio NOES: Garcia, Lozano, Pacheco ABSENT: None. ABSTAIN: None The motion failed by a vote of 2 — 3. Mayor Pro Tem Garcia asserted that this item was approved and adopted at the previous Council meeting and noted that the courtesy had been was given to review and discuss the item as far as the terms. City Attorney Tafoya affirmed that it was discussed at the last meeting but that it also required appearing on this agenda. A motion was made by Council member Pacheco, seconded by Mayor Pro Tem Garcia, to approve the Amendment to Mr. Yauchzee's contract. Council member Rubio voiced objection; Mayor Lozano directed the City Treasurer to conduct a Vote by Roll Call. The Roll Call results were as follows: AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None The motion passed by a vote of 3 — 2 to approve the Amended Agreement with Shannon Yauchzee for the position of CEO. Page 12 of 17 CITY COUNCIL ACTING AS SUCCESSOR AGENCY CONSENT CALENDAR All items listed are considered to be routine business by the Successor Agency and will be approved with one motion. There will be no separate discussion of these items unless a Board members so request, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. SA —1 AWARD CONTRACT FOR FINANCIAL ADVISORY SERVICES TO REFINANCE SUCCESSOR AGENCY TAX ALLOCATION BONDS Staff recommends that the Successor Agency approve the selection of Harrell & Company Advisors, LLC, to provide the financial advisory services and authorize the Chair to execute the agreement for services with Harrell & Company Advisors, LLC, attached to the Staff Report. A motion was made by Board member Pacheco to move this item to the next regularly scheduled meeting, seconded by Council member Lozano, to move this item to the next meeting. Board member Baca voiced objection. With that objection, Board Chair Lozano directed that a Roll Call Vote be take. The Roll Call results were as follows: AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None The motion passed by a vote of 3 — 2 to move the selection of Harrell & Company Advisors, LLC, to provide the financial advisory services and authorize the Chair to execute the agreement for services with Harrell & Company Advisors, LLC, to the next meeting. PUBLIC HEARING 6. CONDUCT A PUBLIC HEARING AND REVIEW THE COST OF CITY FEE SERVICES BASED ON A STUDY PREPARED BY REVENUE & COST SPECIALISTS, LLC Staff recommends the City Council to receive and file this report and continue the Public Hearing on September 7, 2016, City Council meeting. City Attorney Tafoya noted that the public hearing for this item will need to be opened and then continued to a date certain. Mayor Lozano opened the Public Hearing at 9:20 p.m. and announced that the Public Hearing will be continued to Regular City Council meeting on the date certain of September 7, 2106, A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to receive and file this report and continue the Public Hearing on September 7, 2016, City Council meeting. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 13 of 17 REPORTS OF OFFICERS 7. APPROVAL AND ADOPT THE 5 -YEAR CAPITAL IMPROVEMENT PROJECT (CIP) BUDGET FOR FISCAL YEARS 2016-2021 Staff recommends that the City Council approve the 5 -Year CIP Program and additional appropriations for FY 2016-17. A motion was made by Mayor Pro Tem Garcia to approve the item with the exception of the Pole Banners, which were under $200,000; seconded by Council member Pacheco. Council member Rubio and Council member Baca voiced objections. Mayor Lozano directed the City Treasurer to take a Vote by Roll Call. After City Treasurer Contreras began the roll call, Council member Rubio noted that this was presented in the Special Meeting for approval of City projects over the next five years but there was very little time to for discussion; requested that this item be brought back in a Study Session so that more details could be provided and Council would be provided the opportunity to ask additional questions. With that, Mayor Pro Tem Garcia withdrew her motion and concurred with bringing the item back in a study session but also asked that priorities be re- examined to determine whether the pole banner was really a high priority item. Council member Baca agreed and suggested that the funds might be designated for street and alleyway improvements. A motion was made by Council member Rubio, seconded by Council member Baca, and carried (5 — 0) to direct staff to provide a presentation at a Study Session regarding the 5 -Year Capital Improvement Projects Program and additional appropriations for FY 2016-17. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 8. APPROVAL OF ADMINISTRATIVE POLICY NO. AP -16-031, ENTITLED "BALDWIN PARK SOCIAL MEDIA POLICY" Staff recommends that Council: 1. Approve Administrative Policy No. AP -16-031 with black -out period of one (1) month which bars any promotion of any City Official in any social media platform for one month prior to any City election cycle; or 2. Approve Administrative Policy No. AP -16-031 with black -out period of two (2) months which bars any promotion of any City Official in any social media platform for two months prior to any City election cycle; or 3. Approve Administrative Policy No. AP -16-031 as is, entitled "Baldwin Park Social Media Policy" effective August 17, 2016; or 4. Provide staff direction. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to carry this item to the next regularly scheduled Council meeting. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Page 14 of 17 CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Mayor Lozano to discuss and consider the following item: • Mayor Lozano would like to ask for an investigation into the invoices and contracts identified by Council member Rubio at the last City Council meeting. Mayor Lozano would like to have a written report regarding the findings. Mayor Lozano began the discussion by directing staff to investigate the invoices identified by Council member Rubio at the last City Council meeting and include Council member Pacheco's request as well. Mayor Lozano then asked of staff the following series of questions, noting that an answer need not be provided immediately: 1. "Have you ever seen any seen any illegal or fraudulent activity occur in the City?" 2. "Has anyone ever told you to do anything illegal or inappropriate?" 3. "If someone did ask you to do something illegal or fraudulent, do you know to report it to H.R., the CEO or the City Attorney?" The Mayor stated that he wanted to assure staff that he and other members of the Council trust staff and that any staff member can go to the authorities, including the District Attorney, if they feel there have been any violations. The Mayor went on to remind staff that the City depends on staff for their expertise to review invoices for accuracy and to make sure that the City maintains transparency. Mayor Lozano also directed that the activities of Mr. Horowitz, of The Berkshire Group, be investigated since there are assertions that The Berkshire Group was paid a substantial amount of money without any realized value for the City. Request by Council member Pacheco to discuss and consider the following item: • Council member Pacheco is requesting that staff be given direction to evaluate and report back on the status and success of the Street Fair and provide the City Council additional options. Council member Pacheco directed staff to look into the circumstances surrounding the successes and failures of the Street Fair; noted that it may have gone on for too long a period and that these types of events be suspended for now; asked that staff bring new suggestions to a Study Session. Council member Baca also commented on the Street Fair, noting that the contractor did not perform as expected but that residents did seem to enjoy the event during the summer months, particularly the beer garden; expressed appreciation for the efforts staff put into supporting the success of the event and suggested that, should the City choose to host a similar event next year, staff should continue to be instrumental in the coordination and implementation of the program. Council member Rubio asked Director Carrillo about recent developments with Green Leaf, stating that she had heard allegations that Green Leaf had pulled out of the most recently scheduled event because they said they did not have enough vendors, however, other sources said that those same vendors were going to be present at a similar event in Whitter instead; expressed concern that Green Leaf was in breach of contract because the vendors were supposed to be in Baldwin Park rather than in Whittier; requested clarification. Page 15 of 17 Director Carrillo explained that Green Leaf does operate a similar event in Whittier and that many of the vendors have the capability to participate at multiple events, however last week's event was cancelled because there were not enough vendors; stated that the Street Fair is scheduled for tomorrow night and that Green Leaf has indicated that there will be 20 to 30 vendors at the event. Council member Rubio asked, referring to last year's event which was fully coordinated and hosted by City staff, how many vendors participated in the Street Fair, to which Director Carrillo responded that approximately 100 vendors participated. In response to Council member Rubio's last inquiry, as to whether staff could, in fact, fully handle the entire workload of putting on the Street Fair, Director Carrillo said that staff could do so but recommended that it be held a bit later in the year since staff is currently committed to the working the City's parade event. City Attorney Tafoya made a point of clarifying for Council that Green Leaf is, in fact, in breach of contract with the City of Baldwin Park and if Council chooses to select another contractor, the City can do so without recourse. Council member Pacheco asked that this item be brought back before Council with a report from staff so that a full discussion and all opinions could be considered. Council member Baca requested clarification of the City Attorney that the contract includes a 30-day notice of termination should the City desire to do so. Final discussion established that this item would be brought back at a future meeting for further consideration and that the next street fair, scheduled for tomorrow night, will be held as scheduled. A motion was made by Council member Pacheco, seconded by Council member Rubio, and carried (5 — 0) to bring back for evaluation the Street Fair and other options, and to have a full discussion of the contract with Green Leaf. Request by Council member Rubio to discuss and consider the following items: • Council member Rubio is requesting consideration to renegotiate consultant contracts and suspend all payments until the duplication of services is stopped, and reports of services rendered are provided to the council for review. These items were discussed earlier in the meeting. Please refer to pages 5 — 9 of these Minutes. • Council member Rubio is requesting consideration to go back to the original department head spending limits of $10,000 and $25,000 for CEO without council consent as the current $125,000 limit takes the power away from the council to be fiscally responsible with tax payer funds and limits council accountability for misuse of funds. These items were discussed earlier in the meeting. Please refer to pages 5 — 9 of these Minutes. Council member Baca asked that Code Enforcement look into the properties located from 4155 and 4219 Alderson because the property owner has failed to maintain the landscape properly to the point that it has become a neighborhood nuisance and is unsightly. Page 16 of 17 ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Pacheco, to adjourn the meeting at 9:55 p.m. ATTEST: Alejandra Avila, City Clerk APPROVED: Mayor Manuel Lozano, Mayor Page 17 of 17 ITEM NO. t�2C MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING SEPTEMBER 7,2016,5:30 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 at 5:40 p.m. by Mayor Lozano. ROLL CALL PRESENT: Mayor Pro Tem Cruz Baca Mayor Manuel Lozano Councilmember Monica Garcia (arrived 5:46 p.m.) Councilmember Ricardo Pacheco NOT PRESENT: Councilmember Susan Rubio PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 5:40 p.m. Seeing no one wishing to speak, Public Communications closed at 5:40 p.m. OPEN SESSION 1. CAPITAL IMPROVEMENT BUDGET PRESENTATION Presentation by Finance Director Rose Tam to update and present the proposed 5 -Year Capital Improvement Project (CIP) Budget for the five year fiscal period from July 2016 to June 2021. Thomas Molena, Rippa Hawks and Nicole Adamari were in attendance to represent LA- RICS and presented revised conceptual drawing for the installation of a radio and cellular tower on City property. Following the brief presentation, Council sought clarification on some of the features of the proposed tower, made suggestions to modify the tower in order to make it more visually appealing, and sought additional information regarding the constraints of the materials to be used in building the tower. Representative of LA-RICS agreed to meet with staff at a future date to discuss possible variations of the exterior of the tower and possible ideas for improving the visual impact. Page 1 of 3 RECESS TO CLOSED SESSION 2. PUBLIC EMPLOYEE APPOINTMENT (GC §54957): Title: Human Resources Manager Community Development Director 3. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code Section 54956.8 A. Property: 14434 East Pacific Avenue – APN #8553-023-007 Agency negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating parties: Amelia Perez and Mario Zavala, seller's agent Under negotiation: Price and terms of payment B. Property: 4024 Maine Avenue – APN #8554-001-910; 14408 Ramona Blvd – APN #8554-001-012; and 14412 Ramona Blvd –APN #8554-001-011 Agency negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating parties: City of Baldwin Park; Ramon Arias; and Miguel Rascon Under negotiation: Price and terms of payment C. Property: APN #8550-002-033 APN #8460-005-026 APN #8556-021-042 APN #8460-006-036 APN #8556-018-046 APN #8558-002-025 APN #8556-022-905 Agency negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating parties: Mark Kudler, Bulletin Displays, Inc. Under negotiation: Price and terms of payment 4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Murillo v City of Baldwin Park, Case No. 2:16-cv-05265 5. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Three (3) Page 2 of 3 ADJOURNMENT There being no further business, the meeting was adjourn at 6:55 p.m. REPORT ON CLOSED SESSION No reportable action was taken on items discussed during Closed Session. ATTEST: Alejandra Avila, City Clerk APPROVED: Manuel Lozano, Mayor Page 3 of 3 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING SEPTEMBER 21, 2016,6:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 6:13 p.m. by Mayor Lozano. ROLL CALL PRESENT: Councilmember Ricardo Pacheco Councilmember Susan Rubio Councilmember Cruz Baca Mayor Pro Tem Monica Garcia Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 6:13 p.m. Seeing no one wishing to speak, Public Communications closed at 6:14 p.m. OPEN SESSION 1. PRESENTATION OF PROPOSED DESIGNS FOR BUS SHELTERS AND BUS GRAPHICS Presentation by Interim Director of Public Works, Sam Gutierrez, regarding bus shelters and bus graphics. Interim Public Works Director Sam Gutierrez presented a PowerPoint to illustrate the option for refurbishing the bus stops and for updating the "wrap-arounds" on city busses and responded to questions accordingly. Motion by Pacheco, seconded by Rubio, to direct staff to proceed with the selected design (Option 1 but with a flatter roof). The motioned passed without objection (5-0). Interim Public Works Director Gutierrez continued his presentation, providing the options available for the bus wrap-arounds. As discussion ensued, various council members provided suggestions as to how to incorporate the desired features and graphics. In concluding the discussion, staff was directed to revise the designs, incorporating some of the suggestions provided, and bring back a presentation with the new designs. RECESS TO CLOSED SESSION Council recessed to Closed Session. Page 1 of 3 2. PUBLIC EMPLOYEE DISCIPLINE / DISMISSAL / RELEASE (GC §54957): Title: Chief of Police 3. PUBLIC EMPLOYEE APPOINTMENT: Title: Human Resources Manager 4. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8: A. Property: 14434 East Pacific Avenue – APN #8553-023-007 Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Amelia Perez and Mario Zavala, seller's agent Under Negotiation: Price and terms of payment B. Property: 4024 Maine Ave – APN #8554-001-910; 14408 Ramona Blvd – APN #8554-001-012; and 14412 Ramona Blvd – APN #8554-001-011 Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: City of Baldwin Park; Ramon Arias; and Miguel Rascon Under Negotiation: Price and terms of payment 5. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: CASAS v BPCCC, Case No. BS147794 6. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Two (2) RECONVENE TO CLOSED SESSION At 7:14 p.m., Council reconvened to open session. ADJOURNMENT There being no further business, motion was made by Lozano, seconded by Garcia, to adjourn the meeting at 7:19 p.m. Page 2 of 3 REPORT ON CLOSED SESSION Mayor Lozano reported that Chief Michael Taylor was dismissed without cause from his position and that three months' severance will be paid in accordance with his employment contract. No other actions was taken on items discussed in Closed Session. Mayor ATTEST: City Clerk APPROVED: Page 3 of 3 ITEM NO. P, D1 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING DECEMBER 7, 2016, 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 7:15 p.m. INVOCATION The invocation was provided by Council member Pacheco. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Ricardo Pacheco Council Member Cruz Baca Council Member Susan Rubio Mayor Pro Tem Monica Garcia Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano stated that all items agendized for Closed Session were carried over to the next meeting and no action was taken. A motion was made by Mayor Lozano, seconded by Councilmember Pacheco, and carried (5 — 0) to adjourn the Special Meeting of December 7, 2016. ANNOUNCEMENTS Mayor Lozano requested that this evening's meeting be closed in memory of long-time Baldwin Park resident and active Woman's Club member, Mrs. St. Peters. Mayor Pro Tem Garcia also commented on Mrs. St. Peters and her positive impact on the community. Council member Rubio asked that well wishes go out to Mr. Poplar who is currently struggling with cancer; Council member Rubio also asked that it be acknowledged that this day, December 7, represents the 75th anniversary of the bombing at Pearl Harbor; asked that everyone remember those that lost their lives and those survived. Council member Baca asked that the meeting also be closed in memory of Eric Kahuai, a young Baldwin Park resident who recently lost his life; also in memory of Connie Castro who recently passed; Council member Baca also extended congratulations to Blanca Rubio on her electron to the 48th District and congratulations to American Veterans Post 113 on their groundbreaking event. Mayor Lozano extended congratulations to Al Contreras who recently won a seat on the San Gabriel Valley Water Authority. 1. 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. Council member Baca asked that the City Clerk read a list of those that have held the Mayor Pro Tem position over the past six years. A motion was made by Baca, seconded by Lozano, and carried (5 — 0) to select Susan Rubio as the Mayor Pro Tem for 2017. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Following the selection a plaque was presented to out -going Mayor Pro Tem Monica Garcia. PROCLAMATIONS. COMMENDATIONS & PRESENTATIONS • Presentation to the City Council of the Los Angeles and California Chapters of the American Planning Association Awards of Excellence 2016 or the City's Health and Sustainability General Plan Element Amy Harbin, City Planner, accepted the Award of Excellence on behalf of the City. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:28 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Art Luna, Baldwin Park resident, spoke about the proposed residential developments by Walbern; opined that there is only one ingress and egress which presents a danger in the case of an emergency; asked how much revenue the City will collect for these developments; spoke out regarding the Walnut Creek Nature Park and the excess amount of concrete being installed at the park and expressed concern regarding the potential damage by earthquake; demanded that a dump tank be brought in for the cement waste Juan Rios, Baldwin Park resident, expressed distress about the projects that are being approved without providing more information to the community; opined that some children are Page 2 of 24 being sent to Pepperdine, an expensive university, and asked where the tuition money is coming from; feels that the Mayor's decisions represent a conflict of interest, pointing to the previous Director of Public Works, having rejected a qualified contractor twice only to be eventually overruled. Berda Sevedra, Baldwin Park resident, speaking on Item 7, pointed out that a traffic study was not done and that the flow of traffic will be negatively impacted; provided recommendations of changes to traffic flow for the project that is proposed. Greg Tuttle, Baldwin Park business owner, spoke out against the proposed Walbern project; stated that Mr. Walbern has not done any outreach and spoke in contradiction to that at the Study Session; objected to the proposed residential development adjacent to an industrial area; objected to the process being followed with regard to executing ENA and the proposed DDA; alleged that Walbern is going to flip the property. Tony Baca, Baldwin Park resident, expressed concern regarding property where he keeps equipment stored; stated that a citation was issued but when he called about the citation he was unable to resolve the matter; the property is not residential but people are living there; alleged that Cruz Baca is intervened in matters regarding code violations. Rick Rodriquez, Land Use Attorney with Sheppard Mullin, expressed objection to the DDA; noted that the properties were supposed to be for low income housing; opined that DDAs are a bad deal for the City; noted the problem with vacation of property Maine Ave.; questioned whether the City can legally vacate Maine; DDA does not mention mixed use and school district aspect is not addressed. Jesse, Baldwin Park resident, expressed thanks for recognizing his wife's passing and paying condolences to his family. Seeing no others wishing to speak, Public Communications closed at7:49 p.m. Council member Baca noted that the speaker, Mr. Baca, is a relativeand that the matters relevant to his discussion are private and is being handled as personal business. CONSENT CALENDAR 2. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. APPROVAL OF MEETING MINUTES Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Regular City Council Meeting held on August 17, 2016. B. Meeting Minutes of the Special Meeting held on September 7, 2016. Page 3 of 14 A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to receive and file the minutes. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. 9-1-1 COMMUNICATIONS EXTENDED MAINTENANCE SERVICE Staff recommends that Council authorize the Acting Chief of Police to proceed with obtaining the extended maintenance contract with A T & T. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to authorize the Acting Chief of Police to proceed with obtaining the extended maintenance contract with A T & T. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 5. APPROVE A RESOLUTION MODIFYING THE PART-TIME HOURLY RATE SCHEDULE TO COMPLY WITH THE STATE MINIMUM WAGE INCREASES Staff recommends that Council approve and adopt Resolution No. 2016-162, entitled "A Resolution of the City Council of the City of Baldwin Park Amending Resolution No. 2014- 026 Establishing an Hourly Pay Range Schedule for Part -Time Positions." A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to approve and adopt Resolution No. 2016-162, entitled "A Resolution of the City Council of the City of Baldwin Park Amending Resolution No. 2014-026 Establishing an Hourly Pay Range Schedule for Part -Time Positions." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. PUBLIC HEARING 6. CONDUCT A PUBLIC HEARING TO CONSIDER A REQUEST FOR CONSIDERATION OF A PROPOSED AMENDMENT TO SECTION 153.170 [SIGN REGULATIONS] OF THE CITY'S MUNICIPAL CODE, AND A PROPOSED DEVELOPMENT AGREEMENT TO ALLOW SIX (6) NEW ADVERTISING STRUCTURES AND THE EXTENSION OF AN EXISTING STATIC -FACED STRUCTURE (LOCATIONS: 12760 RAMONA BLVD.; 13234 FAIRGROVE ST.; 13400 GARVEY AVE.; 14145 GARVEY AVE.; 14237 GARVEY AVE.; 14230 DALEWOOD ST.; AND APN 8556-022-905; APPLICANT: MARK KUDLER, REPRESENTING BULLETIN DISPLAYS, LLC, CASE NUMBERS AZC-179 AND DA 15-010) City Planner Harbin provided a summary of the proposed changes and the proposed installation of billboards by the applicant then responded to questions from Council. Mark Kudler, representing Bulletin Displays, LLC, the applicant, responded to additional questions from Council Page 4 of 14 Mayor Lozano opened the Public Hearing at 8:15 p.m. and invited those wishing to speak in opposition to this item to come forward and be heard. Arturo Luna, Baldwin Park resident, asserted that the billboards will be a distraction to drivers and will cause vehicle accidents on the freeway. Unidentified speaker stated that there are already several billboards in the area and having so many in such close proximities will create poor esthetics for the city. Mike Touhey, Baldwin Park property owner, asserted that noticing for the proposed project was not done properly, noted that federal law requires a number of "chits" and believes that the applicant does not and cannot obtain the number of chits necessary; stated that the project questionable. Unidentified speaker expressed concern about the length of the lease, stating that things will change over the next 30 years and feels that the lease agreement needs to have a mechanism to get out of the lease if necessary. Seeing not others wishing to speak against the item, Mayor Lozano invited those wishing to speak in support of the item to come forward. Mark Kudler, representing Bulletin Displays, LLC, opined that Mr. Touhey has inaccurate information and works for a competitor so his assertions are skewed; asserted that the benefits to the City are not limited to the revenue but will also provide pleasant esthetics and flexibility in the agreement. Mr. Kudler responded to questions from Council regarding the chits and how they used. Mayor Lozano stated Lamar Billboards should also provide a presentation for the one the billboards located at 14145 Garvey Avenue. Mr. Kudler responded by saying the company would pull the entire proposal rather than piece out sections or the project. Mr. Kudler stated that the company has worked for three years to pull together this proposal and that Lamar is trying to take business from him. Council member Baca questions the motives of Mr. Touhey and his assertions; noted that Mr. Kudler has been very open with information and wonders why inquiries have not been make prior to this coming for approval; noted that she feels this objection is coming in at the last minute and is very concerned with this 12th hour reaction. Mayor Pro Tem Rubio expressed concern regarding all of the time and expense to get the project to this point only to have Lamar come in and object. Mr. Kudler stated that the company has, based on direction from Council, spent money on doing the studies and meeting the requirements. He further stated that Bulletin Displays, LLC, will not piece -meal the project and will walk away rather that split the project up. Mayor Lozano made a motion to bring this item back at a future meeting for further consideration, and was seconded by Council member Garcia. Council member Baca voiced objection. Mayor Lozano instructed the City Clerk to conduct a roll call vote for the motion. AYES: Garcia, Lozano NOES: Baca, Pacheco, Rubio Page 5 of 14 ABSENT: None. ABSTAIN: None. The motion died by a vote of 2 — 3. A motion was made by Mayor Pro Tem Rubio which was seconded by Council member Baca with Council member Garcia voiced objection. Mayor Lozano instructed the City Clerk to conduct a roll call vote for the motion. AYES: Baca, Pacheco, Rubio NOES: Garcia, Lozano ABSENT: None. ABSTAIN: None. The motion passed 3 — 2. Staff and the Planning Commission recommend that Council conduct a public hearing and, follow such hearing: Adopt Resolution No. 2016-160, entitled "A resolution of the City Council of the City of Baldwin Park, Approving and Adopting the Mitigated Negative Declaration of Environmental Impact for an Amendment to the City's Municipal Code Relating to Development Standards for Billboard Uses and a Development Agreement for the Construction of Six (6) New Billboards and the Extension of an Existing Static Billboard (12670 Ramona Blvd) (Location: 13400 Garvey Ave.; 14145 Garvey Ave.; 14237 Garvey Ave.; 14230 Dalewood St.; 12670 Ramona Blvd.; 13234 Fairgrove St.; APN: 8556-022-905; Applicant: Mark Kudler with Bulletin Displays, LLC; Case Numbers: AZC-179 and DA 15-01) 2. Introduce for first reading, by title only and waive further reading, Ordinance No. 1394, entitled "An Ordinance of the City Council of the City of Baldwin Park Amending Section 153.170.105 to the Baldwin Park Municipal Code Relating to Billboards;" and 3. Introduce for first reading, by title only and waive further reading, Ordinance No. 1395, entitled "An Ordinance of the City Council of the City of Baldwin Park Authorizing the City of Baldwin Park to Enter into a Development Agreement with Bulletin Displays, LLC, for the Approval of Six Digital Billboard Sign Faces on Three New Structures, Six Static Billboard Faces on Three New Structures and One Existing Three -Sided Static Faced Billboard Structure at the Real Property Generally Located Along the 1-605 and 1-10 Freeways Within the City of Baldwin Park." A motion was made by Rubio, seconded by Baca, and carried (3 — 2; Lozano and Garcia voting no) to: Approve and adopt Resolution No. 2016-160, entitled "A resolution of the City Council of the City of Baldwin Park, Approving and Adopting the Mitigated Negative Declaration of Environmental Impact for an Amendment to the City's Municipal Code Relating to Development Standards for Billboard Uses and a Development Agreement for the Construction of Six (6) New Billboards and the Extension of an Existing Static Billboard (12670 Ramona Blvd) (Location: 13400 Garvey Ave.; 14145 Garvey Ave.; 14237 Garvey Ave.; 14230 Page 6 of 14 Dalewood St.; 12670 Ramona Blvd.; 13234 Fairgrove St.; APN: 8556- 022-905; Applicant: Mark Kudler with Bulletin Displays, LLC; Case Numbers: AZC-179 and DA 15-01); and 2. Introduce for first reading, by title only and waive further reading, Ordinance No. 1394, entitled "An Ordinance of the City Council of the City of Baldwin Park Amending Section 153.170.105 to the Baldwin Park Municipal Code Relating to Billboards;" and 3. Introduce for first reading, by title only and waive further reading, Ordinance No. 1395, entitled "An Ordinance of the City Council of the City of Baldwin Park Authorizing the City of Baldwin Park to Enter into a Development Agreement with Bulletin Displays, LLC, for the Approval of Six Digital Billboard Sign Faces on Three New Structures, Six Static Billboard Faces on Three New Structures and One Existing Three -Sided Static Faced Billboard Structure at the Real Property Generally Located Along the 1-605 and 1-10 Freeways Within the City of Baldwin Park." AYES: Baca, Pacheco, Rubio NOES: Garcia, Lozano ABSENT: None. ABSTAIN: None. 7. CONDUCT A PUBLIC HEARING TO CONSIDER A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A GENERAL PLAN AMENDMENT, ZONE CHANGE, TENTATIVE TRACT MAP TO SUBDIVIDE FOUR (4) PROPERTIES AND A SPECIFIC PLAN FOR THE DEVELOPMENT OF A 47 -UNIT SINGLE-FAMILY DETACHED GATED CONDOMINIUM PROJECT AND ONE (1) COMMON LOT (LOCATION: 14837-14839 PACIFIC AVENUE; ASSESSOR'S PARCEL NUMBERS: 8438-015-037, - 043, - 047, - 059, - 065 THROUGH -103, - 060, - 061, - 062, AND -105; APPLICANT: CAL 33 PARTNERS, LLC; CASE NUMBERS AGP-118, Z-555, SP -16-01 AND TM -73354). Council member Pacheco recused himself from this item as he has property adjacent to the proposed site. He then left the dais. Abraham Telliz City Planning Department, provide a brief narrative of the proposed project and responded to questions from Council. Council expressed great concern regarding the traffic flow in the area and how it will be affected during peak hours. Discussion continued to consider various ways that traffic control could be implemented to improve the traffic flow. Mayor Lozano opened the Public Hearing at 9:07 p.m. and invited those wishing to speak in opposition to this item to come forward and be heard. Unidentified speaker expressed concern regarding the increase in the number of vehicles because of the project (zone for condominiums) and how it would impact traffic flow; opined that the revenue generated by the property could be reduced to have the number of units would be more conducive to the neighborhood; objected to the dust that would be created by the construction and the hours of operation; asked that these be considered to impose mitigation to address these issues. Page 7 of 14 Arturo Luna, Baldwin Park resident, expressed concern about the increase in traffic, parking will be negatively affected; opined that there is not sufficient parking and people will be fighting over places to park; suggested that a parking lot or structure be built; opined that it creates a danger because the increase in traffic will hinder the ability of the fire department to respond to emergency calls. Unidentified speaker pointed out that many of the vehicles are not registered and that parking is a serious problem; asserted that there is no way to control parking based on issuing parking permits, particularly because most homes have more than one vehicle. Seeing not others wishing to speak against the item, Mayor Lozano invited those wishing to speak in support of the item to come forward. Jim Power, representing the property owners/applicant, responded to concerns expressed by Council and previous speakers; noted that a traffic study was conducted and incorporated into the project; pointed out that all new residential units are required to have fire warning systems and noted that a dust mitigation plan is already proposed as part of the project; addressed concern regarding parking within the development both for residents and guests; responded to further questions from Council. Seeing no others wishing to speak, Mayor Lozano closed the Public Hearing at 9:32 p.m. Staff and the Planning Commission recommend that Council conduct a public hearing and, follow such hearing: Adopt Resolution No. 2016-158, entitled "A Resolution of the City Council of the City of Baldwin Park, Approving and Adopting the Mitigated Negative Declaration of Environmental Impact for a General Plan Amendment, a Zone Change, a Specific Plan to Facilitate the Development of a 47 -Unit Single -Family Detached Gated Condominium Project, and for a Tentative Tract Map (Location: 14837-14839 Pacific Avenue; Assessor's Parcel Numbers: 8438-015-037, -043, -047, -059, -065 through - 103, - 060, -061, -062, and -105; Applicant: Cal 33 Partners, LLC; Case Numbers AGP-118, Z-555, SP -16-01 and TM -73354);" and 2. Adopt Resolution No. 2016-159, entitled "A Resolution of the City Council of the City of Baldwin Park, Adopting the Findings of Fact and Approve a General Plan Land Use Map Amendment, a Tentative Tract Map, a Specific Plan to Subdivide Four Lots into Forty -Eight for a 47 -Unit Single -Family Detached Gated Condominium Project, and One Common Lot Within the R -G (Residential Garden) and MU -2 (Mixed Use 2) Zones (Location: 14837-14839 Pacific Avenue; Assessor's Parcel Numbers: 8438- 015-037, -043, -047, -059, -065 Through -103, -060, -061, -062, and -105; Applicant: Cal 33 Partners, LLC; Case Numbers AGP-118, Z-555, TM -73354 and SP -16-01);" and 3. Introduce for first reading, by title only and waive further reading, Ordinance No. 1393, entitled "An Ordinance of the City Council of the City of Baldwin Park Adopting the Findings of Fact and Approving a Zone Change from RG/PD (Residential Garden Planned Development) and MU -2 (Mixed -Use 2) to R-3 (High Density Residential) and to Apply the Specific Plan (SP) Overlay to the Property Identified with Assessor Parcel Numbers Assessor's Parcel Numbers: 8438-015-037, - 059, - 043, - 047 (Applicant: Cal 33 Partners, LLC; Case Number Z-555)." A motion was made by Garcia, seconded by Rubio, and carried (5 — 0; bring this item back at the next regularly scheduled meeting and asked Page 8 of 14 the developer to make revisions to the exterior facade and bring the revised renderings back for further consideration: AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS 8. CONSIDER AND APPROVE THE SUPPLEMENTAL SERVICES AGREEMENT WITH iCOLOR PRINTING SERVICES & MAILING, INC. Staff recommends that Council: 1. Consider funding three (3) additional issues of the BP NOW for the remainder of FY16-17; and 2. Consider and approve the supplemental services agreement with iColor Printing & Mailing, Inc.; and 3. Authorize the Finance Director to appropriate additional funding from the BIT Fund to cover the cost. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to 1. Consider funding three (3) additional issues of the BP NOW for the remainder of FY16-17; and 2. Consider and approve the supplemental services agreement with iColor Printing & Mailing, Inc.; and 3. Authorize the Finance Director to appropriate additional funding from the BIT Fund to cover the cost AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 9. A REQUEST FOR CONSIDERATION OF A PROPOSED AMENDMENT TO THE CONTRACT BETWEEN THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF BALDWIN PARK ENDING EMPLOYEES SHARING COST OF ADDITIONAL BENEFITS TO CONFORM WITH CURRENT PRACTICE AND MEMORANDA OF UNDERSTANDING WITH LOCAL MISCELLANEOUS MEMBERS, ADOPT RESOLUTION NO. 2016-161 AND INTRODUCE FOR FIRST READING ORDINANCE NO. 1392 AUTHORIZING THE AMENDMENT. Chief Executive Officer Yauchzee provided a brief overview of the purpose of the item and explained the impact to the City, employees and benefits. Staff recommends that Council: 1. Approve Resolution No. 2016-161, entitled "A Resolution of the City Council of the City of Baldwin Park Approving the Adoption of a Resolution of Intent Between the Page 9 of 14 Board of Administration of the Public Employees' Retirements System and the City Of Baldwin Park;" and 2. Introduce for first reading, by title only and waive further reading, Ordinance No. 1392, entitled "An Ordinance of the Baldwin Park City Council of the City Of Baldwin Park Authorizing an Amendment to the Contract Between the Baldwin Park City Council and the Board Of Administration of the Public Employees' Retirement System." A motion was made by Baca, seconded by Pacheco, and carried (5 — 0) to consider and approved: 1. Resolution No. 2016-161, entitled "A Resolution of the City Council of the City of Baldwin Park Approving the Adoption of a Resolution of Intent Between the Board of Administration of the Public Employees' Retirements System and the City Of Baldwin Park;" and 2. Introduce for first reading, by title only and waive further reading, Ordinance No. 1392, entitled "An Ordinance of the Baldwin Park City Council of the City Of Baldwin Park Authorizing an Amendment to the Contract Between the Baldwin Park City Council and the Board Of Administration of the Public Employees' Retirement System." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 10. CONSIDERATION OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH BP DEVELOPMENT PARTNERS I (AKA WALBERN) FOR A PROPOSED MIXED-USE DEVELOPMENT PROJECT AT THE INTERSECTION OF MAINE AVE AND PACIFIC AVENUE Staff recommends that Council provide direction on the approval of the proposed Disposition and Development Agreement with BP Development Partners I, concurrently approve and adopt Resolution No. 2016-163, and authorize the Mayor to execute the agreement after a final review by the City Attorney. Mayor Lozano explained that this item had been discussed in the earlier Study Session and that the number of units would be reduced to 26 and that Maine Street and Sterling Way would remain open access. Council member Baca expressed her concern regarding the appraisal and the price proposed by the developer and the proposed changes; noted concerns regarding Maine and Sterling, the School District "triangle" and a lack of communication; stated that she has not received enough information and has not been given enough time to fully consider the project. Mayor Pro Tem Rubio stated that this item has had extensive discussion on this matter and how property ownership has been an issue; also pointed out that there has been no community outreach which is of great concern; opined that there is a great need for open space (parks) and this site had previously been identified as a possible civic plaza project; asserted that decisions are being made off the dais; urged Council to reconsider this item and further investigate potential projects. Page 10 of 14 Council member Baca expressed concern about the School District Triangle and the impact it may have on the relationship between the City and the School District given their objection to the project. Council member Pacheco made a motion, seconded by Council member Garcia to approve and adopt Resolution No. 2016-163, and authorize the Mayor to execute the agreement after a final review by the City Attorney. Council member Garcia pointed out that the City was working on a revitalization plan for the downtown area and that a variety of ideas were considered; opined that the site would be underutilized as a civic plaza; asked that the number of units and stipulations to the project. Council member Garcia then made a substitute motion to approve and adopt Resolution No. 2016-163, and authorize the Mayor to execute the agreement after a final review by the City Attorney with the stipulations that the project be reduced to a total number of 26 units and that Maine Street and Sterling Way would remain as roadway thoroughfares but also to bring the item back at a later date to consider the aesthetics, the landscape plan and for the developer to conduct public outreach. Mayor Pro Tem Rubio discussed the span of time that consideration of proposed uses for the site; opined that the development will create a crowded feel and does not provide the community with open space; expressed her opposition. Council member Garcia further discussed her support for the project. Council member Pacheco reintroduced his motion to approve the Resolution and proceed with the project. Council member Garcia seconded the motion but objection was voiced by Council member Baca. Mayor Lozano instructed the City Clerk to conduct a roll call vote for the motion. AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. The motion passed 3 — 2. A motion was made by Pacheco, seconded by Garcia, and carried (3 — 2; Baca and Rubio voted no) to approve and adopt Resolution No. 2016-163, and authorize the Mayor to execute the agreement after a final review by the City Attorney and the additional stipulation that the project will be reduced to a total of 26 units and that Maine Street and Sterling Way will remain as roadway thoroughfares.. AYES: Garcia, Lozano, Pacheco, Rubio NOES: Baca ABSENT: None. ABSTAIN: None. Page 11 of 24 11. CONSIDERATION OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH BP DEVELOPMENT PARTNERS I (AKA WALBERN) FOR A PROPOSED MIXED-USE DEVELOPMENT PROJECT AT THE INTERSECTION OF BADILLO STREET AND RAMONA BOULEVARD Staff recommends that Council provide direction on the approval of the proposed Disposition and Development Agreement with BP Development Partners I, concurrently approve and adopt Resolution No. 2016-164, and authorize the Mayor to execute the agreement after a final review by the City Attorney. Discussion on this item was done concurrently with City Council Item No. 10 and is provided above. The Council items listed above shall be heard concurrently with Housing Successor Agency Item Nos. HSA — 1 and HSA — 2. A motion was made by Pacheco, seconded by Garcia, and carried (3 — 2; Baca and Rubio voted no) to approve and adopt Resolution No. 2016-164, and authorize the Mayor to execute the agreement after a final review by the City Attorney and the additional stipulation that the project will be reduced to a total of 26 units and that Maine Street and Sterling Way will remain as roadway thoroughfares.. AYES: Garcia, Lozano, Pacheco, Rubio NOES: Baca ABSENT: None. ABSTAIN: None. CITY COUNCIL ACTING AS HOUSING SUCCESSOR AGENCY REPORTS OF OFFICERS HSA-1 CONSIDERATION OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH BP DEVELOPMENT PARTNERS I (AKA WALBERN) FOR A PROPOSED MIXED- USE DEVELOPMENT PROJECT AT THE INTERSECTION OF MAINE AVE AND PACIFIC AVENUE Staff recommends that Board provide direction on the approval of the proposed Disposition and Development Agreement with BP Development Partners I, concurrently approve and adopt Resolution No. HSA 2016-001, and authorize the Chair to execute the agreement after a final review by the City Attorney. Discussion on this item was done concurrently with City Council Item No. 10 and is provided above. A motion was made by Pacheco, seconded by Garcia, and carried (3 — 2; Baca and Rubio voted no) to approve and adopt Resolution No. HAS 2016-001, and authorize the Mayor to execute the agreement after a final review by the City Attorney and the additional stipulation that the project will be reduced to a total of 26 units and that Maine Street and Sterling Way will remain as roadway thoroughfares. AYES: Garcia, Lozano, Pacheco, Rubio NOES: Baca Page 12 of 14 ABSENT: None. ABSTAIN: None. HSA -2 CONSIDERATION OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH BP DEVELOPMENT PARTNERS 1 (AKA WALBERN) FOR A PROPOSED MIXED- USE DEVELOPMENT PROJECT AT THE INTERSECTION OF BADILLO STREET AND RAMONA BOULEVARD Staff recommends that Board provide direction on the approval of the proposed Disposition and Development Agreement with BP Development Partners I, concurrently approve and adopt Resolution No. HSA 2016-002, and authorize the Chair to execute the agreement after a final review by the City Attorney. Discussion on this item was done concurrently with City Council Item No. 10 and is provided above. A motion was made by Pacheco, seconded by Garcia, and carried (3 — 2; Baca and Rubio voted no) to approve and adopt Resolution No. HAS 2016-002, and authorize the Mayor to execute the agreement after a final review by the City Attorney and the additional stipulation that the project will be reduced to a total of 26 units and that Maine Street and Sterling Way will remain as roadway thoroughfares. AYES: Garcia, Lozano, Pacheco, Rubio NOES: Baca ABSENT: None. ABSTAIN: None. The Housing Successor Agency items listed above shall be heard concurrently with City Council Item Nos. 10 and 11. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS • Request by Mayor Lozano to discuss reconsideration of retention of Kaufman Law Firm and personnel investigation. Mayor Lozano spoke of an emergency meeting that was held regarding the retention of Kaufman Law Firm and that it would be more cost effective to seek mediation. Council member Baca stated that she does not feel like she is being protected because there has been a great deal of contention. Discussion continued to reflect on the previously considered Robert's Rules of Order and the emergency meeting that was held pertaining to this matter. Council member Pacheco read aloud a copy of the letter submitted to the Baldwin Park Police Department by Council member Baca. He then read a prepared response to the letter and the allegations contained in the letter. Mayor Lozano read aloud from meeting minutes to reiterate whether the allegations of Council member Baca and Council member Pacheco would be investigated by a law Page 13 of 14 firm or whether mediation would be pursued. Discussion continued regarding the expense of hiring the law firm and what the results, which would not be prosecutorial, would be. Mayor Lozano made a motion, seconded by Council member Baca, and carried 5 — 0 that the matter be forwarded to the District Attorney's Office for investigation. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None ABSENT: None. ABSTAIN: None. • Request by Council member Baca to discuss and provide direction to staff regarding the Good Samaritan Food Act of 1996. Council member Baca explained that the Good Samaritan Food Act provides for food donation of leftover food to non-profit entities or individuals; requested clarification of the Act to determine whether donations of food create a liability. • For Council Consideration and Discussion: Review of the City-wide accomplishments for 2016 and a request for a mid -year budget review to be held at the end of February. Discussion on this item was continued and will be heard at the next Regular Council meeting. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano, seconded by Councilmember Baca, to adjourn the Regular meeting at 10:49 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Page 14 of 14 MINUTES ITEM NO. ', BALDWIN PARK HOUSING AUTHORITY DECEMBER 21, 2016,7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 8:36 p.m. ROLL CALL City Council present: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:36 p.m. and seeing no one wishing to speak, Public Communications closed at 8:36 p.m. CONSENT CALENDAR 1. TREASURER'S REPORT: OCTOBER 2016 Staff recommends that the City Council receive and file the October 2016 Treasurer's Report. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to receive and file the October 2016 Treasurer's Report. 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 8:37 p.m. Mayor ATTEST: City Clerk APPROVED: MINUTES BALDWIN PARK FINANCE AUTHORITY DECEMBER 21, 2016, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 8:35 p.m. ROLL CALL City Council present: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:35 p.m. and seeing no one wishing to speak, Public Communications closed at 8:35 p.m. CONSENT CALENDAR 1. TREASURER'S REPORT: OCTOBER 2016 Staff recommends that the City Council receive and file the October 2016 Treasurer's Report. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to receive and file the October 2016 Treasurer's Report. 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 8:35 p.m. Mayor ATTEST: City Clerk APPROVED: MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING DECEMBER 21, 2016, 5:30 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 5:36 p.m. by Mayor Lozano. ROLL CALL PRESENT: Council member Ricardo Pacheco Council member Monica Garcia Council member Cruz Baca Mayor Pro Tem Susan Rubio Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 5:37 p.m. Seeing no one wishing to speak, Public Communications closed at 5:37 p.m. RECESS TO CLOSED SESSION At 5:40 p.m., Council recessed to Closed Session, noting that the presentation would be heard after the conclusion of the first portion of Closed Session. 1. PUBLIC EMPLOYEE APPOINTMENT Pursuant to Government Code Section 54957: Human Resources Manager RECONVENE TO OPEN SESSION/STUDY SESSION 2. PRESENTATION REGARDING MEDICAL CANNABIS CULTIVATION Presentation by City Attorney Robert N. Tafoya regarding cultivation of cannabis for medical purposes within City jurisdiction. City Attorney Robert Tafoya provided a presentation regarding possible facilities for cultivation of cannabis within the city limits and sought direction of staff. RECESS TO CLOSED SESSION At 6:40 p.m., Council again recessed to Closed Session to hear the remaining items on the Closed Session agenda. Page 1 of 2 3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Ricardo Pacheco v Greg S. Tuttle, Case No. KS019694 Case Name: Manuel Lozano v Greg S. Tuttle, Case No. KS019719 Case Name: Monica Garcia v Greg S. Tuttle, Case No. KS019720 4. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Two (2) ADJOURNMENT There being no further business, motion was made by Lozano, seconded by Baca, to adjourn the meeting at 7:04 p.m. REPORT ON CLOSED SESSION Mayor Lozano reported out that no action was taken on items discussed in Closed Session. Mayor ATTEST: City Clerk APPROVED: Page 2 of 2 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING DECEMBER 21, 2016, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:05 p.m. INVOCATION The invocation was provided by Council member Pacheco PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano stated that no action was taken on items discussed in Close Session. ANNOUNCEMENTS A motion was made by Mayor Lozano, seconded by Council member Garcia, and carried (5 — 0) to add an urgency item to the agenda pertaining to the Water Quality Board. Mayor Lozano noted that the Mayor of La Puente, Valerie Munoz, was in attendance. Council member Rubio congratulated Al Contreras on his recent election to the Board of the Upper San Gabriel Valley Water Authority. PROCLAMATIONS. COMMENDATIONS & PRESENTATIONS CENTER MEDIAN LANDSCAPING IMPROVEMENTS — STATUS UPDATE Lacey Withers, representing Withers and Sandgren, did a presentation and provided a status update on the City's Center Medial Landscaping Improvements Project. CITY TRANSPORTATION STATUS UPDATE — BUSSES AND TROLLEYS Sam Gutierrez, Interim Director of Public Works, narrated a PowerPoint presentation and provided an update on bus and trolley services in Baldwin Park. COMPRESSED NATURAL GAS (CNG) STATION PROJECT — STATUS UPDATE Sam Gutierrez, Interim Director of Public Works, narrated a PowerPoint presentation to provide an update on the proposed CNG station installation project. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:26 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Jorie Rodriquez, representing Becker Board, extended holiday wishes to Council and staff. Al Contreras, Baldwin Park resident, expressed concern regarding the Median Landscape project and opined that this should be an action item rather than a consent item, especially since it will cost $1.2 million; noted that there are locations where the sprinkler system are in disrepair; provide suggestions for different trees rather than those suggested by the consultant. Jesse Flores, Baldwin Park softball coach, introduced his all -girl softball team; spoke of the benefits to the girls and sought support for the team through recognition and that information about the team be passed along to the community; noted some of the sponsors. Valerie Munoz, Mayor of La Puente, extended holiday wishes and sought support for nomination to the Water Quality Authority. Greg Tuttle, Baldwin Park business owner, opined that the Business Association funds are being used for the Baldwin Park NOW but that it is of no benefit to the businesses; congratulated Al Contreras; commended the Police Department on their toy drive; expressed support the Mr. Contreras's position on the Median Landscape project, noting that the presentation did not provide much in the way of illustrating what the new landscape will look like and that the consultant should be providing more of a presentation if the City is going to spend $1.5 million on it. Seeing no others wishing to speak, Public Communications closed at 7:56 p.m. CONSENT CALENDAR Council pulled Item No. 3, 5, 6 and 8 from Consent Calendar for further discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Baca, Garcia, NOES: None. ABSENT: Lozano. ABSTAIN: None. Lozano, Pacheco, Rubio 2. TREASURER'S REPORT — OCTOBER 2016 Staff recommends that Council receive and file the Treasurer's Report. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to receive and file the minutes. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. Page 2 of 7 ABSENT: None. ABSTAIN: None. 3. APPROVE AND ADOPT APPROVE THE AWARD OF BID, CITY PROJECT NO. 2016- 0165, MEDIAN LANDSCAPE IMPROVEMENTS PROJECT, CIP PROJECT NO. 23, TO YAKAR GENERAL CONTRACTORS, INC. Staff recommends that Council approve and award the contract to Yakar General Contractors, Inc., in the amount of $1,587,744.30, and authorize the Mayor to execute the contract for City Project No. 2016-0165 - Center Median Landscape Improvements. Mayor Pro Tem Rubio noted that this project was presented in Study Session and the selection of plants and trees was done by Council; concurred that a presentation at the Regular meeting would have been appropriate. Council member Pacheco is in support of the item but would like to see a more expanded presentation to include illustration of what the project will look like when completed and to get more information out to the community. A motion was made by Rubio, seconded by Baca, and carried (5 — 0) to AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. ACCEPT AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR CITY PROJECT NO. 2016-0123 TRAFFIC SIGNAL INSTALLATION AT LOS ANGELES STREET AND HORNBROOK AVENUE Staff recommends that Council 1. Accept the construction improvements by PTM General Engineering Services, Inc., and authorize the recordation of a Notice of Completion; and 2. Authorize the payment of $10,207.11 in retention funds to PTM General Engineering Services, Inc., upon expiration of the 35 -day notice period. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to accept the construction improvements by PTM General Engineering Services, Inc., and authorize the recordation of a Notice of Completion; and authorize the payment of $10,207.11 in retention funds to PTM General Engineering Services, Inc., upon expiration of the 35 -day notice period. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. S. CITY OF BALDWIN PARK SB 1693 BUSINESS IMPROVEMENT TAX (BIT) FUND ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2016 Staff recommends that Council receive and file the SB1693 Business Improvement Tax (BIT) Fund Annual Financial Report for the Fiscal Year ended June 30, 2016. Mayor Pro Tem Rubio expressed concern with how the funds are being spent and whether it is having a direct benefit to businesses; suggested that the item be held Page 3 of 7 over to another meeting; sought clarification from the Finance Director as to whether there is any kind of timeline or deadline associated with this item. Finance Director Tam explained that this is a state -required report and represents an annual financial statement illustrating expenditures for the fiscal report. A motion was made by Rubio, seconded by Pacheco and carried (5 — 0) to AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. AUTHORIZATION TO PURCHASE POLICE DEPARTMENT VEHICLES WITH AQMD GRANT FUNDS Staff recommends that Council: 1. Accept the recommended bid from Wondries vehicles; and 2. Authorize the Police Department to work in Department to purchase all new vehicles; and Ford for the purchase of three (3) conjunction with the Public Works 3. Authorize the Acting Chief of Police, or his designee, to complete all appropriate documentation to complete the purchases. Council member Baca sought clarification to make sure that it was understood that the vehicles are being purchased using grant funds and no monies will be drawn from the General Fund. A motion was made by Baca, seconded by Lozano, and carried (5 — 0) to AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. SECOND READING OF ORDINANCE NO. 1394, AN AMENDMENT TO SECTION 153.170.105 OF THE CITY'S MUNICIPAL CODE RELATING TO BILLBOARDS AND ORDINANCE NO. 1395, AUTHORIZING THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT WITH BULLETIN DISPLAYS, LLC Staff recommends that Council adopt Ordinance Nos. 1394 and 1395 on second reading, read by title only, and waive any further reading thereof. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to adopt Ordinance Nos. 1394 and 1395 on second reading, read by title only, and waive any further reading thereof. AYES: Baca, Garcia, NOES: None. ABSENT: None. ABSTAIN: None. Lozano, Pacheco, Rubio 8. APPROVAL OF A DESIGN SERVICES AGREEMENT WITH SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA) METROLINK AND AMENDMENT OF CURRENT AGREEMENT WITH EVAN BROOKS ASSOCIATES FOR DESIGN OF A TRAFFIC SIGNAL AND QUITE ZONE CROSSING Page 4 of 7 IMPROVEMENTS, CAPITAL IMPROVEMENT PROJECT (CIP) NOS. 31 AND 32 (PACIFIC AVENUE AND BOGART AVENUE) Staff recommends that Council: 1. Approve an agreement with Southern California Regional Rail Authority (SCRRA) for railroad design review services and authorize the Mayor to execute the agreement in an amount not to exceed $50,000; and 2. Approve the amendment to the existing consultant agreement with Evan Brooks and Associates (EBA) for design of a traffic signal and Quiet Zone Improvements and authorize the Mayor to execute the amended agreement in an amount not -to -exceed $45,000; and 3. Authorize staff to process past due invoices related to services provided under the current agreement with Evan Brooks and Associates (EBA) in the amount of $24,568. Mayor Pro Tem asked that the word "Quite" be corrected to read "Quiet." A motion was made by Rubio, seconded by Garcia, and carried (5 — 0) to AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS 9. DECLARATION OF ENVIRONMENTAL IMPACT, A GENERAL PLAN AMENDMENT, ZONE CHANGE, TENTATIVE TRACT MAP TO SUBDIVIDE FOUR (4) PROPERTIES INTO FORTY-EIGHT (48) PROPERTIES AND A SPECIFIC PLAN FOR THE DEVELOPMENT OF A 47 UNIT SINGLE-FAMILY DETACHED GATED CONDOMINIUM PROJECT AND ONE (1) COMMON LOT (LOCATION: 14837-14839 PACIFIC AVENUE; ASSESSOR'S PARCEL NUMBERS: 8438-015-037, -043, -047, - 059, -065 THROUGH -103, -060, -061, -062, -105; APPLICANT: CAL 33 PARTNERS, LLC; CASE NUMBERS: AGP-118, Z-555, SP 16-01, AND TM -73354.) Council member Pacheco recused himself from this item as he has property adjacent to the proposed site. He then left the dais. Abraham Tellez, City Planning staff, provided a narrative summary of the request, including a PowerPoint presentation and noting the changes that had been made in response to Council direction. Council discussed various aspects of the esthetics and making sure that the parking was in line with the number of units. Staff and the Planning Commission recommend that the Council: 1) Adopt Resolution 2016-158 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A GENERAL PLAN AMENDMENT, A ZONE CHANGE, A SPECIFIC PLAN TO FACILITATE THE DEVELOPMENT OF A 47 -UNIT SINGLE-FAMILY DETACHED GATED CONDOMINIUM PROJECT, AND FOR A TENTATIVE TRACT MAP. (LOCATION: 14837- 14839 PACIFIC AVENUE; ASSESSOR'S PARCEL NUMBERS: 8438-015- 037, -043, -047, -059, -065 THROUGH -103, -060, -061, -062, -105; Page 5 of 7 APPLICANT: CAL 33 PARTNERS, LLC; CASE NUMBERS: AGP-118, Z- 555, TM -73354, AND SP 16-01);" and 2) Adopt Resolution 2016-159 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVE A GENERAL PLAN LAND USE MAP AMENDMENT, A TENTATIVE TRACT MAP, AND A SPECIFIC PLAN TO SUBDIVIDE FOUR LOTS INTO FORTY-EIGHT FOR A 47 -UNIT DETACHED GATED CONDOMINIUM PROJECT AND ONE COMMON LOT WITHIN THE R -G (RESIDENTIAL GARDEN) AND MU -2 (MIXED USE 2) ZONES (LOCATION: 14837-14839 PACIFIC AVENUE; ASSESSOR'S PARCEL NUMBERS: 8438-015-037, -043, -047, -059, -065 THROUGH -103, -060, - 061, -062, -105; APPLICANT: CAL 33 PARTNERS, LLC; CASE NUMBERS: AGP-118, Z-555, TM -73354, AND SP 16-01);" and 3) Introduce for first reading, by title only and waive further reading, Ordinance 1393, entitled, "AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A ZONE CHANGE FROM RG/PD (RESIDENTIAL GARDEN PLANNED DEVELOPMENT) AND MU -2 (MIXED-USE 2) TO R-3 (HIGH DENSITY RESIDENTIAL) AND TO APPLY THE SPECIFIC PLAN (SP) OVERLAY TO THE PROPERTY IDENTIFIED WITH ASSESSOR PARCEL NUMBERS 8438-015-037, -059, -043, AND -047 (APPLICANT: CAL 33 PARTNERS, LLC; CASE NUMBER Z-555)." A motion was made by Lozano, seconded by Rubio, and carried (5 - 0) to 1) Adopt Resolution 2016-158 entitled, "A Resolution of the City Council of the City of Baldwin Park Approving and Adopting the Mitigated Negative Declaration pf Environmental Impact for a General Plan Amendment, a Zone Change, a Specific Plan to Facilitate the Development of a 47 -Unit Single -Family Detached Gated Condominium Project, and for a Tentative Tract Map. (Location: 14837-14839 Pacific Avenue; Assessor's Parcel Numbers: 8438-015-037, -043, -047, -059, -065 Through -103, -060, -061, -062, -105; Applicant: Cal 33 Partners, LLC; Case Numbers: AGP-118, Z-555, TM -73354, and SP 16-01);" and 2) Adopt Resolution 2016-159 entitled, "A Resolution of the City Council of the City Of Baldwin Park Adopting the Findings of Fact and Approve a General Plan Land Use Map Amendment, a Tentative Tract Map, and a Specific Plan to Subdivide Four Lots into Forty -Eight for a 47 -Unit Detached Gated Condominium Project and One Common Lot Within The R -G (Residential Garden) and MU -2 (Mixed Use 2) Zones (Location: 14837-14839 Pacific Avenue; Assessor's Parcel Numbers: 8438-015-037, -043, -047, -059, -065 Through -103, -060, -061, -062, -105; Applicant: Cal 33 Partners, LLC; Case Numbers: AGP-118, Z-555, TM -73354, and SP 16-01);" and 3) Introduce for first reading, by title only and waive further reading, Ordinance 1393, entitled, "An Ordinance of the City Council of the City of Baldwin Park Adopting the Findings of Fact and Approving a Zone Change from RG/PD (Residential Garden Page 6 of 7 Planned Development) and MU -2 (Mixed -Use 2) To R-3 (High Density Residential) and to Apply the Specific Plan (SP) Overlay to the Property Identified with Assessor Parcel Numbers 8438-015- 037, -059, -043, and -047 (Applicant: Cal 33 Partners, LLC; Case Number Z-555)." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 10. URGENCY ITEM - APPROVE AND ADOPT RESOLUTION NO. 2016-165, CASTING VOTE FOR A COUNCILMEMBER TO SERVE AS BOARD MEMBER REPRESENT CITIES WITHOUT PUMPING RIGHTS ON THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY Staff recommends the City Council select a candidate from the List of Nominations provided by the San Gabriel Basin Water Quality Authority and adopt Resolution No. 2016-165, which will cast its vote for the selected Nominee to serve as the Board Member representing cities without pumping rights on the San Gabriel Basin Water Quality Authority A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to nominate Valerie Munoz as a candidate to serve as the Board Member representing cities without pumping rights on the San Gabriel Basin Water Quality Authority. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Mayor Lozano is requesting City Council clarification and consensus on the previous tabling of the investigation and the referral of the matter to District Attorney. Mayor Lozano noted that this item had been previously discussed and considered, and would not be held for discussion at this time. 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 8:35 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Page 7 of 7 MINUTES ITEM NO. v2 F BALDWIN PARK HOUSING AUTHORITY JANUARY 18, 2017, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 8:43 p.m. ROLL CALL Board members present: Board Member Cruz Baca Board Member Monica Garcia Board Member Ricardo Pacheco Vice Chair Susan Rubio Chair Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:43 p.m. and seeing no one wishing to speak, Public Communications closed at 8:43 p.m. CONSENT CALENDAR 1. TREASURER'S REPORT: NOVEMBER 2016 Staff recommends that the City Council receive and file the November 2016 Treasurer's Report. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to receive and file the November 2015 Treasurer's Report. 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 8:44 p.m. Mayor ATTEST: City Clerk APPROVED: MINUTES BALDWIN PARK FINANCE AUTHORITY JANUARY 18, 2017, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 8:42 p.m. ROLL CALL Board members present: Board Member Cruz Baca Board Member Monica Garcia Board Member Ricardo Pacheco Vice Chair Susan Rubio Chair Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:42 p.m. and seeing no one wishing to speak, Public Communications closed at 8:42 p.m. CONSENT CALENDAR 1. TREASURER'S REPORT — NOVEMBER 2016 Staff recommends that Council receive and file the Treasurer's Report. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to receive and file the November 2016 Treasurer's Report. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 2. AUTHORIZE ESCROW AGREEMENTS IN CONNECTION WITH REFINANCING TAX ALLOCATION BONDS Staff recommends that Council, acting as governing body of the Finance Authority, approve and adopt Resolution No. FA 2017-007, entitled "A Resolution of the Baldwin Park Financing Authority Approving the Forms and Authorizing the Execution and Delivery of Escrow Agreements Relating to the Issuance by the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Refunding Bonds to Refund Certain Outstanding Obligations of the Former Community Development Commission of the City of Baldwin Park and Providing for Other Matters Relating Thereto." A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to approve and adopt Resolution No. FA 2017-007, entitled "A Resolution of the Baldwin Park Financing Authority Approving the Forms and Authorizing the Execution and Delivery of Escrow Agreements Relating to the Issuance by the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Refunding Bonds to Refund Certain Outstanding Obligations of the Former Community Development Commission of the City of Baldwin Park and Providing for Other Matters Relating Thereto." 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 Pacheco, to adjourn the meeting at 8:45 p.m. Mayor ATTEST: City Clerk APPROVED: MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING JANUARY 18, 2017, 6:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 6:03 p.m. by Mayor Lozano. ROLL CALL PRESENT: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 6:03 p.m. Seeing no one wishing to speak, Public Communications closed at 6:08 p.m. OPEN SESSION/STUDY SESSION 1. PRESENTATION REGARDING MEDICAL CANNABIS CULTIVATION Lisa Selan, Selan Law Firm, made a presentation regarding cultivation of cannabis for medical purposes, illustrating Desert Hot Springs and other cities that have permitted facilities for that purpose. RECESS TO CLOSED SESSION 2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Ruiz v. City of Baldwin Park – Case No. BC573324 Hadsell v. City of Baldwin Park – Case No. BC548602 3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Two (2) Special Meeting of 1/18/17 Page 1 of 2 4. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6: Agency designated representatives: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Employee Organizations: General Unit of Maintenance Employees, SEIU Local 721; Professional and Technical Employees Association; Clerical Employees Association; Classified Confidential Employees Association; Classified Management Employees Association Unrepresented Employee(s): City Planner; Housing Authority Manager; Community Development Director; Human Resource Manager; Police Chief; Finance Director; Public Works Director; Recreation and Community Services Director S. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code 454956.8: B. Property: 1919 Puente Avenue Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Joseph White representing Becker Boards Under Negotiation: Price and terms of payment RECONVENE IN OPEN SESSION ADJOURNMENT There being no further business, motion was made by Lozano, seconded by Pacheco, to adjourn the meeting at 7:14 p.m. REPORT ON CLOSED SESSION* Mayor Lozano reported out of Closed Session that no reportable action was taken on items discussed in Closed Session. Mayor ATTEST: City Clerk APPROVED: Special Meeting of 1/18/17 Page 2 of 2 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING JANUARY 18, 2017, 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 7:15 p.m. INVOCATION The invocation was provided by Council member Pacheco. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano reported that no action was taken during Closed Session. ANNOUNCEMENTS Mayor Lozano offered condolences and asked that the meeting be closed in memory of Guadalupe Salina Sanchez, a resident of Baldwin Park for 56 years, noting that she will be missed very much. Mayor Lozano also extended condolences to family and friends of Jesse Corellia, a resident of Baldwin Park for many years. Mayor Lozano further offered condolences to the family of Linda Gonzalez, who have been in Baldwin Park for over 30 years. Mayor Pro Tem Rubio expressed recognition of the seniors in the community and appreciation for the celebration of Martin Luther King, Jr., and all that he accomplished; noted that there were many festive events. Councilmember Baca offered condolences to all those that lost loved ones during the past year and expressed great hope for the New Year. Council member Pacheco recognizes the Sanchez family and offered condolences. Council member Garcia also offered condolences to the Sanchez family and recognized what a great role model Mrs. Sanchez was. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Recognition of the City/Southern California Edison Cooperation for the Street Light Retrofit Program completion, by John King, Southern California Edison John King, representing Southern California Edison, provided a presentation to review the progress of the Street Light Retrofit Program. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:35 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Arturo Luna, commented on the Walnut Creek Nature Park and expressed dissatisfaction with some of the work being done at the park Mr. Ramirez, EI Monte resident, commented on the presidential election, congratulating all candidates who ran in the recent election. Maggie Roscoe; representing Water Education for Latino Leaders (WELL), extended an invitation to Council to attend a storm water collection workshop that will be held in the City of Industry; the event will include information about MS4 compliance. Thomas Kerri, commented on the proposal to make Baldwin Park a sanctuary city, noting that it could affect federal funding; commented on the presidential election. Juan Rios, Baldwin Park resident, also commented on the Walnut Creek Nature Park and the work being performed, noting that the roof of the structure is not sound and there is too much concrete being installed; commented on other construction projects throughout the city. Lawrence Shi, field representative to Supervisor Hilda Solis, read a statement prepared by Supervisor Solis pertaining to the protection of women and immigrants, expressing her support for the efforts of Baldwin Park. Unidentified speaker commented on the lack of funding in schools and that teachers are having to purchase school supplies out of their own pocket; spoke on the immigration issue, noting that there is also a large population of homeless veterans that should be assisted. Seeing no others wishing to speak, Public Communications closed at 7:55 p.m. Mayor Pro Tem Rubio expressed appreciation for Supervisor Solis's efforts on both the immigration issue and her work on homeless veterans. Council member Baca also extended thanks for the recent workshop hosted by Supervisor Solis and noted that it was very informative. Mayor Lozano explained that Walnut Creek Nature Park is still under construction and the project will be ongoing. Council member Pacheco commented on a recent forum he attended and asked that some of the information be published on the City's website and in the Baldwin Park NOW. Regular Meeting of 1/18/17 Page 2 of 8 Council member Garcia commended the Police Department on their hard work; also recognized Jim Enriquez, a native to Baldwin Park. CONSENT CALENDAR No items were pulled from Consent Calendar. 1. TREASURER'S REPORT — NOVEMBER 2016 Staff recommends that Council receive and file the Treasurer's Report for the month of November 2016. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to receive and file the report. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 2. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0)to ratify the Warrants and Demands Register. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. REJECTION OF CLAIMS Staff recommends that Council reject the following claim(s) and direct staff to send appropriate notice of rejection to claimant(s): Quoc Thang Tran and Sungei Hoang Claimant alleges dangerous condition of public property (Azusa Avenue and 1-10 Freeway Underpass) A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to reject the claims and direct staff to send appropriate notice of rejection to claimants. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. APPROVAL OF MEETING MINUTES Receive and file: A. Meeting Minutes of the Regular City Council Meeting held on September 7, 2016. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to receive and file the minutes. AYES: Baca, Garcia, Lozano, Pacheco, Rubio Regular Meeting of 1/18/17 Page 3 of 8 NOES: None. ABSENT: None. ABSTAIN: None. 5. SECOND READING OF ORDINANCE NO 1393, A ZONING CODE MAP AMENDMENT (ZONE CHANGE) FROM RG/PD (RESIDENTIAL GARDEN PLANNED DEVELOPMENT) AND MU -2 (MIXED USE 2) TO R-3 (HIGH DENSITY RESIDENTIAL) AND TO APPLY THE SPECIFIC PLAN (SP) OVERLAY TO FACILITATE THE DEVELOPMENT OF A 47 -UNIT SIGNLE-FAMILY DETACHED GARED CONDOMINIUM PROJECT Staff recommends that Council adopt Ordinance No. 1393 on second reading, read by title only, and waive any further reading thereof. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to approve and adopt Ordinance No. 1393 on second reading, read by title only, and waive any further reading thereof. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION All items listed are considered to be routine business by the Successor Agency and will be approved with one motion. There will be no separate discussion of these items unless a Board member so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. SA -1 APPROVAL OF THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 17- 18) FOR THE PERIOD FROM JULY 1, 2017 TO JUNE 30, 2018, AND ADMINISTRATIVE BUDGET Staff recommends that Council, as governing body of the Successor Agency: 1) Approve the Reorganization Obligation Payment Schedule (ROPS) 17-18 for the period from July 1, 2017 to June 30, 2018; and 2) Adopt the Successor Agency Administrative Budget for Fiscal Year 2017-18; and 3) Direct staff to proceed with submitting the draft ROPS 17-18 for approval to the Oversight Board no later than January 31, 2017; and 4) Send the approved ROPS 17-18 to the County Executive Officer, County Auditor Controller, the State Controller and Department of Finance; and 5) Instruct staff to post the approved ROPS 17-18 on the City website. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to: 1) Approve the Reorganization Obligation Payment Schedule (ROPS) 17-18 for the period from July 1, 2017 to June 30, 2018; and 2) Adopt the Successor Agency Administrative Budget for Fiscal Year 2017-18; and 3) Direct staff to proceed with submitting the draft ROPS 17-18 for approval to the Oversight Board no later than January 31, 2017; and Regular Meeting of 1/18/17 Page 4 of 8 4) Send the approved ROPS 17-18 to the County Executive Officer, County Auditor Controller, the State Controller and Department of Finance; and 5) Instruct staff to post the approved ROPS 17-18 on the City website. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. SA -2 REFINANCE TAX ALLOCATION BONDS Staff recommends that Council, acting as governing body of the Successor Agency, approve and adopt Resolution No. SA 2017-009, entitled "A Resolution of the Successor Agency to the Dissolved Community Development Commission of the City Of Baldwin Park Approving the Issuance of Refunding Bonds in Order to Refund Certain Outstanding Obligations of the Former Community Development Commission of the City of Baldwin Park, Approving the Forms and Authorizing the Execution and Delivery of an Indenture Of Trust, Escrow Agreements and a Bond Purchase Agreement Relating Thereto, Requesting Oversight Board Approval of the Issuance of the Refunding Bonds, Requesting Certain Determinations by the Oversight Board, and Providing for Other Matters Relating Thereto." In response to Council member Baca's request, Finance Director Rose Tam briefly explained the purpose of the reallocation. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to approve and adopt Resolution No. SA 2017-009, entitled "A Resolution of the Successor Agency to the Dissolved Community Development Commission of the City Of Baldwin Park Approving the Issuance of Refunding Bonds in Order to Refund Certain Outstanding Obligations of the Former Community Development Commission of the City of Baldwin Park, Approving the Forms and Authorizing the Execution and Delivery of an Indenture Of Trust, Escrow Agreements and a Bond Purchase Agreement Relating Thereto, Requesting Oversight Board Approval of the Issuance of the Refunding Bonds, Requesting Certain Determinations by the Oversight Board, and Providing for Other Matters Relating Thereto." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None, ABSENT: None. ABSTAIN: None. PUBLIC HEARING 6. INTRODUCE ORDINANCE NO. 1396, ADOPTING THE 2016 EDITION OF THE CALIFORNIA BUILDING CODE (CBC), RESIDENTIAL CODE (CRC), ELECTRICAL CODE (CEC), PLUMBING CODE (CPC), MECHANICAL CODE (CMC), AND THE 2016 GREEN BUILDING STANDARDS CODE, ENERGY CODE, HISTORICAL BUILDING CODE AND 2016 EXISTING BUILDING CODE Staff recommends that Council open the public hearing and, follow such hearing, waive further reading, read by title only and introduce for first reading, Ordinance No. 1396, entitled "An ordinance of the City Council of the City of Baldwin Park, California, Repealing Chapter 150 of Title 15 of the Baldwin Park Municipal Code and Adding a New Section Chapter 150 to Title 15 of the City of Baldwin Park Municipal Code Adopting by Reference Title 24 of the California Code of Regulations, Specifically the Regular Meeting of 1/18/17 Page 5 of 8 2016 Edition of the California Building Code; the 2016 California Green Building Code; the 2016 California Residential Code; the 2016 Edition of the California Electrical Code; the 2016 Edition of the California Mechanical Code; the 2016 Edition of the California Plumbing Code; the 2016 Edition of the California Energy Code; the 2016 Edition of the California Fire Code; the 2016 Edition of the California Elevator Safety Construction Code; the 2016 Edition of the California Historical Building Code; the 2016 Edition of the California Existing Building Code; and the 2016 Edition of the California Referenced Standards Code, Including All Appendices, as Mandated by California Health and Safety Code Section 18938." City Planner Amy Harbin provided a brief overview of the proposed ordinance and responded to Council questions. Mayor Lozano opened the public hearing and invited those wishing to speak in opposition to the proposed ordinance to come forward and be heard. Arturo Luna, Baldwin Park resident, opined that there is a building being constructed that is not meeting safety codes. Thomas Kerri asked about those living in garages which is dangerous. Seeing no others wishing to speak, the Mayor invited those wishing to speak in support to the proposed ordinance to come forward and be heard Seeing no one wishing to speak further on the item, Mayor Lozano closed the public hearing. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to open the public hearing and, follow such hearing, waive further reading, read by title only and introduce for first reading, Ordinance No. 1396, entitled "An ordinance of the City Council of the City of Baldwin Park, California, Repealing Chapter 150 of Title 15 of the Baldwin Park Municipal Code and Adding a New Section Chapter 150 to Title 15 of the City of Baldwin Park Municipal Code Adopting by Reference Title 24 of the California Code of Regulations, Specifically the 2016 Edition of the California Building Code; the 2016 California Green Building Code; the 2016 California Residential Code; the 2016 Edition of the California Electrical Code; the 2016 Edition of the California Mechanical Code; the 2016 Edition of the California Plumbing Code; the 2016 Edition of the California Energy Code; the 2016 Edition of the California Fire Code; the 2016 Edition of the California Elevator Safety Construction Code; the 2016 Edition of the California Historical Building Code; the 2016 Edition of the California Existing Building Code; and the 2016 Edition of the California Referenced Standards Code, Including All Appendices, as Mandated by California Health and Safety Code Section 18938." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Regular Meeting of 1/18/17 Page 6 of 8 REPORTS OF OFFICERS 7. CONSIDERATION TO RENEW THE CONTRACT WITH CALIFORNIA CONSULTING, LLC (GRANT WRITING FIRM) Staff recommends that Council: 1) Approve the Consultant Services Agreement with California Consulting, LLC; and 2) Authorize the Director of Finance to appropriate funds to cover the cost related to the grants applied for including but not limited to General Fund, Prop "A" Fund, or Future Development Fund; or 3) Provide staff direction. A motion was made by Pacheco, seconded by Lozano, and carried (5 — 0) to approve the Consultant Services Agreement with California Consulting, LLC; and authorize the Director of Finance to appropriate funds to cover the cost related to the grants applied for including but not limited to General Fund, Prop "A" Fund, or Future Development Fund. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS S COMMUNICATIONS Request by Mayor Pro Tem Rubio for Council to discuss and consider: A Resolution urging the new administration to protect the names of "Dreamers" who were given assurances that their information would be protected if they applied for temporary legal status. Mayor Pro Tem Rubio stressed the importance of educating those affected by changes proposed by the new administration and the importance of protecting the information of those same persons. Mayor Pro Tem Rubio made a motion, seconded by Mayor Lozano, and carried (5 — 0) to pass the proposed resolution. • A Resolution urging the State of California to take a strong stance against massive deportation and remain steadfast in protecting the information of immigrants who applied for a driver's license under AB60 and were assured that they would not be discriminated against nor questioned about their immigration status. Mayor Pro Tem Rubio spoke of the importance of protecting immigrants and the information provided by those who gave such information when applying for a driver's license. Mayor Pro Tem Rubio made a motion, seconded by Council member Baca, and carried (5 — 0) to pass the proposed resolution. A Resolution in support of Planned Parenthood that provides vital services to the most vulnerable women in our communities, and to urge the new administration to continue Regular Meeting of 1/18/17 Page 7 of 8 funding to avoid women left without proper resources to receive treatment for preventable diseases, such as cancer. Mayor Pro Tem Rubio spoke of the importance of accessible health care for women and the need to continue funding for health services. Mayor Pro Tem Rubio made a motion, seconded by Mayor Lozano, and carried (5 — 0) to pass the proposed resolution. Request by Council member Baca for Council to discuss and consider: • Directing the City Attorney to bring back a report with information on crafting language to designate Baldwin Park a "sanctuary" or "safe haven" city. Council member Baca expressed the importance of showing support to immigrants by drafting a resolution to designate the city as a place where immigrants are protected. The City Attorney was instructed to draft the language which would be brought back at a future Council meeting. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Pacheco, to adjourn the meeting at 8:42 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Regular Meeting of 1/18/17 Page 8 of 8 MINUTES ITEM NO. a G BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING JANUARY 23, 2017, 6:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 6:03 p.m. by Mayor Lozano. ROLL CALL PRESENT: Councilmember Cruz Baca Councilmember Monica Garcia Councilmember Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 6:03 p.m. Seeing no one wishing to speak, Public Communications closed at 6:08 p.m. OPEN SESSION None. RECESS TO CLOSED SESSION 1. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code 454956.8: B. Property: 1919 Puente Avenue Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Joseph White representing Becker Boards Under Negotiation: Price and terms of payment 2. PUBLIC EMPLOYEE APPOINTMENT (GC §54957): Human Resources/Risk Manager Chief of Police Special Meeting of 1/23/17 Page 1 of 2 ADJOURNMENT There being no further business, the meeting adjourned REPORT ON CLOSED SESSION* Mayor Lozano reported that no reportable action was taken on items discussed in Closed Session. Mayor ATTEST: City Clerk APPROVED: Special Meeting of 1/23/17 Page 2 of 2 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING JANUARY 30, 2017, 6:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 6:11 p.m. by Mayor Lozano. ROLL CALL PRESENT: Councilmember Cruz Baca Councilmember Monica Garcia Councilmember Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 6:11 p.m. Seeing no one wishing to speak, Public Communications closed at 6:11 p.m. OPEN SESSION None. RECESS TO CLOSED SESSION 1. PUBLIC EMPLOYEE APPOINTMENT (GC §54957): Chief of Police ADJOURNMENT There being no further business, the meeting was adjourned. REPORT ON CLOSED SESSION* Mayor Lozano reported that no action was taken on items discussed in Closed Session. Mayor ATTEST: City Clerk APPROVED: Special Meeting of 1/30/17 Page 1 of 1 MINUTES ITEM NO. a+4 BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING FEBRUARY 1, 2017, 6:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 6:25 p.m. by Mayor Lozano. ROLL CALL PRESENT: Councilmember Cruz Baca Councilmember Monica Garcia Councilmember Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 6:25 p.m. Seeing no one wishing to speak, Public Communications closed at 6:25 p.m. OPEN SESSION None. RECESS TO CLOSED SESSION I 1. PUBLIC EMPLOYEE APPOINTMENT (GC §54957): Chief of Police Human Resources/Risk Manager 2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case: www.RicardoPacheco.com and Tuttle v City of Baldwin Park Case No. 16-09167CAS Case: Tuttle v Pacheco, Garcia and Lozano – Case No. 16CV04583 Case: Casimiro v City of Baldwin Park – Case No. 16CV03454-SVW-JPR 3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Two (2) Special Meeting of 2/1/16 Page 1 of 2 4. CONFERENCE WITH LABOR NEGOTIATORS (GC §54957.6) Pursuant to Government Code Section 54957.6: Agency designated representatives: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Employee Organizations: General Unit of Maintenance Employees, SEIU Local 721; Police Officer Association; Professional and Technical Employees Association; Clerical Employees Association; Police Management Employees Association; Classified Confidential Employees Association; Classified Management Employees Association Unrepresented Employee(s): City Planner; Housing Authority Manager; Community Development Director; Human Resource Manager; Police Chief; Finance Director; Public Works Director; Recreation and Community Services Director ADJOURNMENT There being no further business, motion was made by Lozano, seconded by Pacheco, to adjourn the meeting at 7:13 p.m. REPORT ON CLOSED SESSION* Mayor Lozano reported out of Closed Session that Mayor ATTEST: City Clerk APPROVED: Special Meeting of 2/1/16 Page 2 of 2 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING FEBRUARY 1, 2017, 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 7:14 p.m. INVOCATION The invocation was provided by Council member Pacheco. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano reported out of Closed Session that, by a vote of 3 — 2 (Baca and Rubio voting no) to proceed with defense of Ricardo Pacheco in the L.A. County District Attorney's investigation into allegations of conflict of interest. City Attorney Robert Tafoya explained that it is currently unclear whether the investigation will be processed as a civil or criminal matter. Once this is established, a determination of whether the City will fund the defense in the matter. ANNOUNCEMENTS Council member Baca asked that the meeting be closed in memory of Baldwin Park resident and Coach Anthony Zane. PROCLAMATIONS. COMMENDATIONS & PRESENTATIONS None. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:25 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Jose Martinez, representing Valley County Water District, announced that there is a vacancy on the Board and provided criteria and appointment details; noted that he will be visiting the State Capital and discussing the drought with Legislatures. Thomas Kerri, San Bernardino resident, spoke out against the suggestion that the City would fund Council Member Pacheco's defense in the investigation; commented on freedom of speech. Juan Rios, Baldwin Park resident, opined that the work being performed at Walnut Creek Nature Park is not turning out as expected and that the neighborhood is unhappy with the results; stated that "we" will be pursuing the conflict of interest issue. Greg Tuttle, Baldwin Park business owner, alleged a conflict of interest due to a personal relationship between a council member and an attorney with a law firm that does business with the City; commented on the selection process for the Chief of Police; voiced objection to members who sit on the Oversight Board. Sabo, Baldwin Park business owner, spoke about the property behind his business. Terri Muse, Baldwin Park Business Association, extended an invitation to an informative breakfast event to discuss Measure H and noted that County representatives will be present to inform voters on the purpose and results of voting on the measure; noted an upcoming mixer and an event to honor emergency responders. Margarita Vargas, asked that Council adhere to the agenda, noting that the report out of closed session was done before the meeting was started; expressed concern about the trees being removed from the medians throughout the city. Unidentified speaker asked that the City reconsider its position on marijuana cultivation and dispensaries in the city; noted that it would provide tax revenue and asked to speak to someone regarding the matter. Seeing no others wishing to speak, Public Communications closed at 7:40 p.m. Interim Public Works Director explained that the removal of trees is part of the median landscape project to install drought resistant trees and plants. City Attorney Tafoya noted that there will be a presentation at the February 15 meeting regarding the issue of cannabis cultivation and sales in the city. Council member Garcia clarified that the relationship referred to by a community speaker is not a conflict of interest and no personal relationship exists. CONSENT CALENDAR No items were taken separately. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: NOES: ABSENT: ABSTAIN: Baca, Garcia, Lozano, Pacheco, Rubio None. None. None. Regular Meeting of 1/20/16 Page 2 of 6 2. REJECTION OF CLAIMS Staff recommends that Council reject the following claim(s) and direct staff to send appropriate notice of rejection to claimant(s): Arellano, Erica Claimant alleges damage to her tire after striking a pothole on Francisquito Avenue Rivera, Elizabeth Claimant alleges damage to her tire after striking a pothole on Ramona Boulevard A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to reject the claims and direct staff to send appropriate notice of rejection to claimants. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. SECOND READING OF ORDINANCE NO. 1392, ENTITLED "AN ORDINANCE OF THE BALDWIN PARK CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BALDWIN PARK CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM." Staff recommends that the Council: 1) Conduct a second reading, by title only and waive further reading, of Ordinance No. 1392, entitled "AN ORDINANCE OF THE BALDWIN PARK CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BALDWIN PARK CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM," and following such reading, approve and adopt Ordinance No. 1392 herein; and 2) Approve the Amendment the Contract between the Board of Administration California Public Employees' Retirement System and the City Council City of Baldwin Park. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to: 1) Conduct a second reading, by title only and waive further reading, of Ordinance No. 1392, entitled "AN ORDINANCE OF THE BALDWIN PARK CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BALDWIN PARK CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM," and following such reading, approve and adopt Ordinance No. 1392 herein; and 2) Approve the Amendment the Contract between the Board of Administration California Public Employees' Retirement System and the City Council City of Baldwin Park. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Regular Meeting of 1/20/16 Page 3 of 6 4. SECOND READING OF ORDINANCE NO 1396, ADOPTING THE 2016 EDITION OF THE CALIFORNIA BUILDING CODE (CBC), RESIDENTIAL CODE (CRC), ELECTRICAL CODE (CEC), PLUMBING CODE (CPC), MECHANICAL CODE (CMC), AND THE 2016 GREEN BUILDING STANDARDS CODE, ENERGY CODE, HISTORICAL BUILDING CODE AND 2016 EXISTING BUILDING CODE Staff recommends that Council adopt Ordinance No. 1396 on second reading, read by title only, and waive any further reading thereof. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to adopt Ordinance No. 1396 on second reading, read by title only, and waive any further reading thereof. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS 5. REVIEW OF CURRENT APPLICATIONS AND CONSIDERATION OF APPOINTMENT OF MEMBERS FOR THE HOUSING COMMISSION OF THE CITY OF BALDWIN PARK Staff recommends that Council review the submitted Commission applications, accept nominations, authorize staff to initiate the appropriate background checks through the Department of Justice (DOJ) and, contingent upon satisfactory clearance by the DOJ, appoint individuals to the respective City Commissions and adopt Resolution No. 2017- 166, entitled, "A Resolution of the City Council of the City Of Baldwin Park Appointing Qualified Individuals to the Housing Commission of the City Of Baldwin Park to Office Numbers 1, 2, 3, 4, 5 and 6." A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to bring this item back at the Regular City Council Meeting scheduled for February 15, 2017. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. A RESOLUTION OF THE CITY OF BALDWIN PARK IN SUPPORT OF ALL SANCTUARY CITIES Staff recommends that Council approve and adopt Resolution No. 2017-168, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Declaring the City of Baldwin Park a Supporter of Sanctuary Cities for All Residents, Regardless of Immigration Status." Mayor Lozano expressed great concern regarding the Executive Order issued by the President regarding illegal immigrants and pointed out that the United States is a country of all colors. Council member Baca noted that many of the churches support sanctuary for all; announced that an information workshop will be held on February 23; asked that Council also support of SB 30 which expresses the objection to the proposed border wall. Regular Meeting of 1/20/16 Page 4 of 6 Mayor Pro Tem Rubio asked that Council also support SB 54 which provides protection as well. Council member Pacheco concurred with other members of Council; expressed the importance of protecting all citizens in the community and the need to dispel fear for undocumented immigrants; suggested that an immigration advocate be appointed and asked that it be brought back for discussion at the next Council meeting. A motion was made by Baca, seconded by Lozano, and carried (5 — 0) to bring this item back at the Regular City Council Meeting scheduled for February 17, 2016. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Council Member Baca for Council to discuss and consider: • To discuss and consider a show of support for Measure H, "Los Angeles County Plan to Prevent and Combat Homelessness," which will appear on the March 7, 2017, election ballot for Los Angeles County. Council member Baca explained that Measure H would provide for a tax that would fund a variety of services for the homeless and sought Council support in the form of a Resolution to be presented at the next Council meeting. Council members expressed united support for Measure H and the importance of addressing the homeless problem. Council member Garcia reported out on her recent attendance at the ICA meeting and the various issues covered; noted that homelessness was discusses, asset forfeiture funds were discussed. Council member Baca asked that letters be sent to the candidates that interviewed for the Chief of Police position; Council member Garcia asked that a plaque be prepared for outgoing Interim Police Chief Joe Bartolotti. Council member Pacheco reported out on his attendance to the ICA and attended workshops pertaining to the use of force by law enforcement, challenges of public safety, and active shooters. City Attorney Tafoya asserted a correction to a recent newspaper article in which statement was printed that misrepresented what he said. Regular Meeting of 1/20/16 Page 5 of 6 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 8:55 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Regular Meeting of 1/20/16 Page 6 of 6 MINUTES ITEM NO. t BALDWIN PARK HOUSING AUTHORITY FEBRUARY 15, 2017, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 8:54 p.m. ROLL CALL Board members present: Board Member Cruz Baca Board Member Monica Garcia Board Member Ricardo Pacheco Vice Chair Susan Rubio Chair Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:54 p.m. and seeing no one wishing to speak, Public Communications closed at 8:54 p.m. CONSENT CALENDAR 1. TREASURER'S REPORT: DECEMBER 2016 Staff recommends that the Board receive and file the December 2016 Treasurer's Report. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to receive and file the December 2016 Treasurer's Report. 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 8:55 p.m. Mayor ATTEST: City Clerk APPROVED: MINUTES BALDWIN PARK FINANCE AUTHORITY FEBRUARY 15, 2017, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 8:53 p.m. ROLL CALL Board members present: Board Member Cruz Baca Board Member Monica Garcia Board Member Ricardo Pacheco Vice Chair Susan Rubio Chair Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:53 p.m. and seeing no one wishing to speak, Public Communications closed at 8:53 p.m. CONSENT CALENDAR 1. TREASURER'S REPORT: DECEMBER 2016 Staff recommends that the Board receive and file the December 2016 Treasurer's Report. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to receive and file the December 2016 Treasurer's Report. 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 Garcia, to adjourn the meeting at 8:54 p.m. Mayor ATTEST: City Clerk APPROVED: MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING FEBRUARY 15, 2016,6:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 6:06 p.m. by Mayor Lozano. ROLL CALL PRESENT: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 6:07 p.m. Seeing no one wishing to speak, Public Communications closed at 6:07 p.m. OPEN SESSION 1. PRESENTATION REGARDING MEDICAL CANNABIS CULTIVATION Presentation regarding cultivation of cannabis for medical purposes in other cities that have permitted facilities for that purpose. Phil Reyes, representing Professional Organic Solutions, presented a brief video that represents a Public Information Announcement used by another municipality; discussed some of the issues that arise for municipalities and options for addressing the issues; responded to questions from Council. RECESS TO CLOSED SESSION 2. PUBLIC EMPLOYEE APPOINTMENT (GC §54957): Chief of Police Community Development Director Public Works Director 3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Hadsell v. City of Baldwin Park Case No. BC548602 Case Name: City of Baldwin Park v. City of Irwindale, et al. Case No. BS163400 4. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Special Meeting of 2/15/17 Page 1 of 2 Potential Case(s): Two (2) 5. CONFERENCE WITH LABOR NEGOTIATORS (GC §54957.6) Pursuant to Government Code Section 54957.6: Agency designated representatives: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Employee Organizations: General Unit of Maintenance Employees, SEIU Local 721; Police Officer Association; Professional and Technical Employees Association; Clerical Employees Association; Police Management Employees Association; Classified Confidential Employees Association; Classified Management Employees Association Unrepresented Employee(s): City Planner; Housing Authority Manager; Community Development Director; Human Resource Manager; Police Chief; Finance Director; Public Works Director; Recreation and Community Services Director ADJOURNMENT There being no further business, motion was made by Lozano, seconded by Baca, to adjourn the meeting at 7:05 p.m. REPORT ON CLOSED SESSION* Mayor Lozano reported that no action was taken on items discussed in Closed Session. Mayor ATTEST: City Clerk APPROVED: Special Meeting of 2/15/17 Page 2 of 2 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING FEBRUARY 15, 2017, 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 7:08 p.m. INVOCATION The invocation was provided by Father Jonathan. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano reported that no action was taken on items discussed in Closed Session.. ANNOUNCEMENTS Mayor Pro Tem Rubio thanked staff for doing a wonderful job on putting together the Valentine's Day Dance. PROCLAMATIONS. COMMENDATIONS & PRESENTATIONS o Presentation of a plaque expressing appreciation to Captain Joe Bartolotti for his service as the Interim Chief of Police. Mayor Lozano presented Captain Joe Bartolotti with a plaque to commemorate appreciation for his serving as Interim Chief of Police. o Presentation by Sam Gutierrez, Interim Public Works Director, to provide a status update on the Median Landscape Improvements Tree Replacement Program. Interim Director of Public Works Sam Gutierrez narrated a PowerPoint presentation, spoke of the progress of tree removals; responded to questions from Council. Council gave instruction to bring the project back for discussion in a Study Session and invite the arborist to attend to provide further information. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:35 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Don Sachs, Mt. San Antonio College, invited Council and the community to a workshop to solicit ideas and recommendations in reference to the Educational and Facilities Community Plan. Christina Larios, Library Manager, announced some of the program and events that will be hosted at the Baldwin Park Library. Veronica Lopez, field representative to Blanca Rubio, introduced herself and provided information of interest. Unidentified speaker representing Baldwin Park Advisory Committee, provided a brief update on activities of the group; noted that there has been some reorganization due to a loss of funding but that the group would remain active and would continue to partner with the CCPHA (Public Health Advocates). Juan Rios, Baldwin Park resident, requested a translator. Stated that many of the attendees at meetings are Spanish speaking; commented on Council members' inquiries into consultant invoices; alleged that some Council members are disrespectful to women; questions funding for defense of Council member Pacheco; opined that Council acted discriminatorily against former Chiefs of Police. Marian Gomez, EI Monte resident, introduced herself and members of her charity organization; made note of the various services they provide to those in need. Greg Tuttle, Baldwin Park business owner, commented on records the he recently received under the Public Records Act, noting that the Business Improvement Tax is not being utilized in a way that benefits the businesses; commented on the property foreclosure program; spoke regarding the newly appointed Police Chief. Lillian Anderson, Baldwin Park resident, inquired as to why trees in the park were cut down; opined that it will have detrimental impact on the environment; inquired about the proposal that Baldwin Park will become a sanctuary city and asserted that there are rumors of that there will be check points. Maria Contreras, City Treasurer, announced that Valley County Water District will be holding a meeting at the Arts and Recreation Center and will be recognizing the exiting Director Al Contreras. Unidentified speaker stated that he has had issues with Code Enforcement and some violations for which he was being cited; asked for assistance. Marcella Hernandez, Baldwin Park resident, spoke out regarding proposed sanctuary city status; inquired about whether ICE would be permitted to do interviews of detainees; worried that the company currently contracted with the Police Department may take advantage of its position with regard to identifying undocumented immigrants. Rosie Rios, Baldwin Park resident, questioned some of the language being included in the resolution regarding the sanctuary city designation. Regular Meeting of 2/15/17 Page 2 of 10 Unidentified speaker, Baldwin Park resident, opined that the community needs to be educated prior to passing the sanctuary city resolution; expressed appreciation for the efforts to make Baldwin Park a safe city for families; suggested that the police department be included in the actions of the resolution.. Rafael Rios, United Methodist Church, expressed support for the decision to make Baldwin Park a sanctuary city; suggested that a commission be formed to address the designation. Mike Gutierrez, St. John the Baptist Church, expressed appreciation for Council's introduction of the sanctuary city resolution; expressed the importance of working together to make the sanctuary city a reality. Kevin, Immigrant Youth Coalition, asked about the consequences of those who violate the policies set into place; invited those interested to upcoming workshops. Jesse, LOGO Softball coach, sought support in trying to get a field for the team to play on; opined that his team is not getting any support from the City; asked what he can do to entice support for the team. Lucy Gutierre, Baldwin Park resident, spoke about the fear families are feeling about the threat of deportation; urged Council to take steps above and beyond the resolution to ensure that families are protected; supported the idea of a commission. Angela Ochoa, Baldwin Park resident, commented on the sanctuary city resolution, asking about a section pertaining to sharing of information and protection of individuals. Claire Batiste, National Day Labor Organizing Network, spoke in support of the sanctuary city policy being heard before Council; asserted that implementation and accountability are important; asked for Council support for the California Values Act. Unidentified speaker asked that the residents be informed on the sanctuary city matter. Seeing no others wishing to speak, Public Communications closed at 8:16 p.m. Mayor Lozano commented on assertions made by a speaker during public communications. Council member Baca asked that Recreation and Community Services staff work with the LOGO Softball team to find a field or provide some other options. Council member Garcia suggested that the team also look into the fund raising from sales of fireworks for 41h of July, and suggested that the speaker for the charity organization submit an application for a grant with the United Way. Mayor Lozano clarified that the case involving Council member Pacheco is a civil matter and the City is required to provide defense, and noted that Council member Baca may submit a request for the City to also provide defense as necessary. Council member Pacheco noted that, in certain circumstances, the City is required to provide defense to Council when a law suit is filed against the City and Council members. Regular Meeting of 2/15/17 Page 3 of 10 CONSENT CALENDAR Council pulled Item Nos. 6, 7, 8 and 11 from Consent Calendar for further discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 2. TREASURER'S REPORT — DECEMBER 2016 Staff recommends that Council receive and file the Treasurer's Report for the month of December 2016. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to receive and file the minutes. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. APPROVAL OF MEETING MINUTES Receive and file: A. Meeting Minutes of the Regular City Council Meeting held on September 21, 2016. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to receive and file the minutes. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (LACMTA) TO RECEIVE FUNDS FOR TRANSIT SERVICES Staff recommends that Council approve the attached MOU with the Los Angeles County MTA and authorize the Mayor to execute said agreement. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to approve the attached MOU with the Los Angeles County MTA and authorize the Mayor to execute said agreement AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Regular Meeting of 2/15/17 Page 4 of 10 5. APPROVAL OF HUMAN RESOURCES CONSULTANT Staff recommends that Council approve Resolution No. 2017-170, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Appointment of an Interim Human Resources Manager" and authorize the Chief Executive Officer to execute any Personnel Action forms related to the appointment. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to approve Resolution No. 2017-170, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Appointment of an Interim Human Resources Manager" and authorize the Chief Executive Officer to execute any Personnel Action forms related to the appointment. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. APPROVE AND ADOPT A RESOLUTION OF THE CITY OF BALDWIN PARK DECLARING ITSELF A SANCTUARY CITY Staff recommends that Council approve and adopt Resolution No. 2017-171, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Declaring the City of Baldwin Park a Sanctuary City for All Residents, Regardless of Immigration Status." Council member Baca expressed the importance of this resolution; acknowledged that some changes to the resolution will be necessary; announced that community leaders would be meeting at Morgan Park Community Center and will be inviting Hilda Solis and Blanca Rubio; stated that City Attorney Tafoya will be providing clarification of the sanctuary city and sanctuary state designations. City Attorney Tafoya provided clarification of the legislation being introduced that would designate the state of California as a sanctuary state; urged citizens to contact their senator and request support for passage of Senate Bill 54. Council member Baca stressed the importance of open communication and support on this matter. Council member Pacheco asserted that the City will work to keep families safe and dispel any fear of being taken to jail or deported; noted that collaboration will be very important; suggested that an advocate be appointed to help move things along. Mayor Pro Tem Rubio stated that Supervisor Solis's office has activated an immigration center and suggested that the City offer a room where a member of her staff could be available to offer assistance and answer questions. A motion was made by Baca, seconded by Pacheco, and carried (5 — 0) to approve and adopt Resolution No. 2017-171, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Declaring the City of Baldwin Park a Sanctuary City for All Residents, Regardless of Immigration Status." Regular Meeting of 2/15/17 Page 5 of 10 AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. AUTHORIZATION TO SUBMIT A GRANT APPLICATION TO THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT UNDER ITS HOUSING RELATED PARKS PROGRAM GRANT AND ADOPTION OF RESOLUTION NO. 2017-167 Staff recommends that Council authorize the Director of Recreation and Community Services to submit a Grant Application to the State of California Department of Housing and Community Development under its Housing Related Parks Program Grant; and Adopt Resolution No. 2017-167, Application to Participate in the Housing Related Parks Program. Council member Baca inquired as to whether the grant is meant to promote housing and community development. Maria Moreno, Recreation and Community Services, explained that the grant funds are meant to rehabilitate community parks and confirmed that there is a deadline for submission of the application. Council member Baca expressed concern about the shortage of affordable housing and asked that staff bring back information for discussion to identify possible grants and other funding sources to secure more affordable housing in the city. A motion was made by Baca, seconded by Pacheco, and carried (5 — 0) to authorize the Director of Recreation and Community Services to submit a grant application to the State of California Department of Housing and Community Development under its Housing Related Parks Program Grant and Adopt Resolution No. 2017-167, Application to Participate in the Housing Related Parks Program. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 8. AUTHORIZATION TO ADVERTISE THE REQUEST FOR PROPOSAL FOR PROFESSIONAL PYROTECHNIC SERVICES RELATED TO THE 4TH OF JULY FIREWORKS CELEBRATION Staff recommends that Council authorize the advertisement of the Request for Proposal (RFP) for professional pyrotechnic service related to the 4th of July Fireworks Celebration. Council member Baca requested that this item be brought back in March to allow time for staff to answer some questions and provide additional information to Council. A motion was made by Baca, seconded by Rubio, and carried (5 — 0) to bring this item back at a future meeting. AYES: Baca, Garcia, Lozano, Pacheco, Rubio Regular Meeting of 2/15/17 Page 6 of 10 NOES: None. ABSENT: None. ABSTAIN: None. 9. ADOPT RESOLUTION NO. 2017-169 ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF BALDWIN PARK IN SUPPORT OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES CALLING AND GIVING NOTICE OF A SPECIAL TAX ELECTION ON A COUNTY -WIDE TRANSACTIONS AND USE (SALES) TAX TO PREVENT AND COMBAT HOMELESSNESS TO BE HELD IN THE COUNTY OF LOS ANGELES ON MARCH 7, 2017, AND CONSOLIDATING THE SPECIAL TAX ELECTION WITH OTHER ELECTIONS TO BE HELD ON MARCH 7, 2017." Staff recommends that Council review and adopt Resolution No. 2017-169, entitled "A Resolution of the City Council of the City of Baldwin Park in Support of the Board of Supervisors of the County of Los Angeles Calling and Giving Notice Thereto of a Special Tax Election on a County -wide Transactions and Use (Sales) Tax to Prevent and Combat Homelessness to be Held in the County of Los Angeles on March 7, 2017, and Consolidating the Special Tax Election with Other Elections to be Held." A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to approve and adopt Resolution No. 2017-169, entitled "A Resolution of the City Council of the City of Baldwin Park in Support of the Board of Supervisors of the County of Los Angeles Calling and Giving Notice Thereto of a Special Tax Election on a County -wide Transactions and Use (Sales) Tax to Prevent and Combat Homelessness to be Held in the County of Los Angeles on March 7, 2017, and Consolidating the Special Tax Election with Other Elections to be Held." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 10. APPROVE AND ADOPT A RESOLUTION OF THE CITY OF BALDWIN PARK IN SUPPORT OF THE SAFE AND RESPONSIBLE DRIVER ACT Staff recommends that Council approve and adopt Resolution No. 2017-172, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Declaring City Council Support of the Safe and Responsible Driver Act." A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to approve and adopt Resolution No. 2017-172, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Declaring City Council Support of the Safe and Responsible Driver Act." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 11. APPROVE AND ADOPT A RESOLUTION OF THE CITY OF BALDWIN PARK URGING PROTECTION OF "DREAMERS" FROM DEPORTATION Staff recommends that Council approve and adopt Resolution No. 2017-173, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Urging United States President Donald Trump and Congress to Uphold the Deferred Action for Regular Meeting of 2/15/17 Page 7 of 10 Childhood Arrivals (DACA) Program and the Promise of a Future for All Residents, Regardless of Immigration Status." Mayor Pro Tem Rubio explained that this Resolution goes hand-in-hand with the Sanctuary City Resolution and meant to show support for those who are undocumented immigrants by birth and seek protection from deportation. A motion was made by Rubio, seconded by Baca, and carried (5 — 0) to approve and adopt Resolution No. 2017-173, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Urging United States President Donald Trump and Congress to Uphold the Deferred Action for Childhood Arrivals (DACA) Program and the Promise of a Future for All Residents, Regardless of Immigration Status." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 12. APPROVE AND ADOPT A RESOLUTION OF THE CITY OF BALDWIN PARK IN SUPPORT OF PLANNED PARENTHOOD Staff recommends that Council approve and adopt Resolution No. 2017-174, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Declaring City Council Support of Planned Parenthood in the Interest of Community Well -Being." A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to approve and adopt Resolution No. 2017-174, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Declaring City Council Support of Planned Parenthood in the Interest of Community Well -Being." AYES: NOES: ABSENT: ABSTAIN REPORTS OF OFFICERS Baca, Garcia, Lozano, Pacheco, Rubio None. None. None. 13. CONSIDERATION OF EMPLOYMENT AGREEMENT WITH DAVID SALCEDO FOR THE POSITION OF CHIEF OF POLICE Staff recommends that Council consider and discuss the Employment Agreement with David Salcedo for the Position of Chief of Police. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to bring this item back at the Regular City Council meeting scheduled for March 1, 2017. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 14. REVIEW OF FY 2016-17 MID -YEAR BUDGET Staff recommends that Council review the mid -year analysis and approve the mid -year revenue and expenditure projections for fiscal year ending June 30, 2017. Regular Meeting of 2/15/17 Page 8 of 10 A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to bring this item back at the Regular City Council meeting scheduled for March 1, 2017. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 15. AGREEMENT WITH NATIONWIDE COST RECOVERY SERVICES VACANT AND ABANDONED PROPERTY REGISTRATION Staff recommends the Council give staff further direction as to how the City manages and maintains the Vacant and Abandoned Property Registration Program. A motion was made by Rubio, seconded by Baca, and carried (5 — 0) to bring this item back at a Special Meeting Study Session scheduled for March 1, 2017. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Mayor Pro Tem Rubio for Council to discuss and consider: • "Storm Water Collection Master Plan" that would include collaborating with our neighboring cities and identifying areas that can be transformed into storm water capture facilities Mayor Pro Tem Rubio requested that this item be brought back at the next Regular Council meeting. Request by Council Member Garcia for Council to discuss and consider: A report on the Capital Improvement Project budget (CIP), specifically with regard to street re -paving and alley improvements. Council member Garcia directed staff to bring a report back to identify available funding and method of prioritization; inquired as to whether a survey of alleys has been conducted and, of those alleys, an accounting of which have or have not had improvement. • A report from the Chief of Police on recent public safety incidents and recommendations for identifying and addressing trends. Council member Garcia directed staff to prepare and provide a public safety report to Council identify any trends throughout the city and recommendations of how to address the issues. Regular Meeting of 2/15/17 Page 9 of 10 Request by Council Member Baca for Council to discuss and consider: • Direct Staff to ensure that all development and new development in the City of Baldwin Park will comply with the State storm water and capture standards (MS4 Compliance). Mayor Pro Tem Rubio requested that this item be brought back at the next Regular Council meeting. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Pacheco, to adjourn the meeting at 8:52 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Regular Meeting of 2/15/17 Page 10 of 10 MINUTES ITEM NO. 9�-`T BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING MARCH 1, 2017,6:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 6:10 p.m. by Mayor Lozano. ROLL CALL PRESENT: Council Member Cruz Baca Council Member Ricardo Pacheco (arrived 6:25 pm) Mayor Pro Tem Susan Rubio Mayor Manuel Lozano ABSENT: Council Member Monica Garcia PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 6:10 p.m. Greg Tuttle, Baldwin Park business owner, opined that moving the foreclosure and abandon property program internally has proven successful and reconsidering having an outside agency do it is financially ineffective; commended staff for administering the current program. Juan Rios, Baldwin Park resident, expressed concern regarding the trees that are being removed in the city; made comparison of trees in the city of West Covina and is suspect of why trees are being removed and alleging that the trees are diseased; commented on work being done at Walnut Creek Nature Park. Arturo Luna, Baldwin Park resident, opined that large corporations coming to the city should be bringing money in and should be donating funds to the schools; pointed out and strongly objects that meetings are not started on time; opined that the City's financial health is very poor. Seeing no one wishing to speak, Public Communications closed at 6:19 p.m. OPEN SESSION 1. PRESENTATION OF THE CURRENT PLAN FOR MEDIAN LANDSCAPE REPLACEMENT PRACTICES Presentation by Sam Gutierrez, Interim Director of Public Works, and Lacey Withers, representative of Withers & Sandgren, to review the tree replacement plans for the Median Landscape Replacement Project. Interim Director of Public Works Sam Gutierrez narrated a PowerPoint presentation; note4d that no trees have been removed since the last meeting [of February 15]; stated that many of the trees are hollow due to infestation and disease; introduced Tracy Emeret, Registered Arborist, and Lacey Withers, Withers & Sandgren, to explain why Special Meeting of 3/1/17 Page 1 of 3 trees are being removed and that the work is being done in order to replace the plants to comply with the State's water conservation requirements. Interim Director Gutierrez explained that 416 trees will be replacing those being removed and that more colorful plants will be planted; noted that there is a $200,000 grant from Supervisor Solis's office to fund additional plating of trees arounds schools and parks. 2. PRESENTATION BY NATIONEWIDE COST RECOVERY SERVICES, AND THE REGSITRATION OF FORCLOSURE PROPERTIES IN BALDWIN PARK Presentation by Neftali Cortez, representative of Nationwide Cost Recovery Services, services for registration of foreclosure properties in Baldwin Park. Eli Cortez, Nationwide Cost Recovery Services, suggested that they can provide a comprehensive program and can add value by augmenting the existing program; suggested that their program is comprehensive and they have improved collection of fines and fees. Council member Baca asked that Code Enforcement staff prepare and present a status report on the Foreclosure and Abandoned Property Program at the next Council meeting. RECESS TO CLOSED SESSION 3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Title: City of Baldwin Park v. City of Irwindale, et al., Case: No. BS163400 4. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6: Agency designated representatives: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Employee Organizations: General Unit of Maintenance Employees, SEIU Local 721; Professional and Technical Employees Association; Clerical Employees Association; Classified Confidential Employees Association; Classified Management Employees Association Unrepresented Employee(s): City Planner; Housing Authority Manager; Community Development Director; Human Resource Manager; Police Chief; Finance Director; Public Works Director; Recreation and Community Services Director 5. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Two (2) ADJOURNMENT There being no further business, motion was made by Lozano, seconded by Pacheco, to adjourn the meeting at 7:13 p.m. Special Meeting of 3/1/17 Page 2 of 3 REPORT ON CLOSED SESSION* Mayor Lozano reported that no action was taken on items discussed in Closed Session. Mayor ATTEST: City Clerk APPROVED: Special Meeting of 3/1/17 Page 3 of 3 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING MARCH 1, 2017,7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:10 p.m. INVOCATION The invocation was provided by Pastor Flores. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano stated that no action was taken on items discussed in Closed Session. ANNOUNCEMENTS Council member Baca asked that this evening's meeting be closed in memory of her uncle, who passed recently. Treasurer Contreras asked that this evening's meeting also be closed in memory of her father who passed recently. PROCLAMATIONS. COMMENDATIONS & PRESENTATIONS • Presentation by Teri Muse, Baldwin Park Business Association, on current events and accomplishments of the Association. Teri Muse, representing the Baldwin Park Business Association, and Association Board members provided a brief summary of upcoming events being hosted by the Association and highlighted some of its accomplishments this year. • Presentation by Rose Tam, Director of Finance, on the Fiscal Year 2015-2016 Comprehensive Annual Financial Report (CAFR) and Audit Director Tam make a brief report, then introduced Peggy McBride, Vazques & Company, who narrated a summary of the results of the CAFR report and Audit, and responded to questions from Council. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:35 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Juan Rios, Baldwin Park resident, commented on the risks that police officers face each day and commended the department on the response time to call outs. Al Contreras, Baldwin Park resident, sent condolences to the Baca family for the loss; commented on a consent item that will require an excess of $500,000 and opined that the item should be moved to a portion of the agenda where discussion would be required. Christina Larios, Baldwin Park Library Manager, introduced a new member of her staff and invited the community to come participate in library programs. Los Angeles County Assistant Fire Chief, Station 29, provided an update on a recent fire which reported that were adults and children trapped in the building; reported that the fire was extinguished within 15 minutes and that nine people went to the hospital but none were seriously hurt. Arturo Luna, Baldwin Park resident, asked what Council plans to do to assist with response to emergencies such as requiring safeguards; Thomas Kerri, San Bernardino resident, spoke about recent activities and actions of the new President; opined that the City should have been watering the median plants and that removal of the plants has displaced wild animals. Jared, Baldwin Park resident and local restaurant owner, suggested that the city has great potential and that he would like to see solutions brought forward rather than pointing out problems; offered assistance to small businesses in review and analysis of finances and other business related services. Margarita Vargas, Baldwin Park resident and Baldwin Park Woman's Club, invited the community to upcoming events being hosted by the Woman's Club. Seeing no others wishing to speak, Public Communications closed at 8:26 p.m. Mayor Pro Tem Rubio notified the community that the removal of trees throughout the city is necessary for the renovation of the median landscape and asked that citizens be patient while new drought tolerant trees and plants are installed; directed staff to mail letters to residents to inform them of the purpose of the tree removal and assure them that new trees will be planted. Council member Baca also noted that signs with illustrated renderings of what the medians will look like have been installed but depict the how the project will look when completed. Council member Pacheco announced that the new CNG unit had been discussed in previous meetings and will be an asset to the community. Mayor Lozano announced that inquiries had been made as to the results of the District Attorney investigation and the results showed that no criminal act took place so no action will be taken. Council member Baca clarified that it is a civil matter and will be handled internally. Regular Meeting of 3/1/17 Page 2 of 8 CONSENT CALENDAR Council pulled Item Nos. 4, 5 and 9 from Consent Calendar for further discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 2. REJECTION OF CLAIMS Staff recommends that Council reject the following claim(s) and direct staff to send appropriate notice of rejection to claimant(s): Eschagary, Richard Claimant alleges damages to his bicycle at time of arrest by police department A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to reject the claims and direct staff to send appropriate notice of rejection to claimants. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. APPROVAL OF MEETING MINUTES Receive and file: A. Meeting Minutes of the Special City Council Meetings held on October 5, 2016. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to receive and file the minutes. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. APPROVE PARCEL MAP NO. 1421 Staff recommends that Council accept Parcel Map No. 1421 and authorize the City Clerk and staff to sign the final tract map. Council member Baca asked City Planner Amy Harbin to explain the nature of the request and how it affects the community. City Planner Harbin noted the type of residential structures being built. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to accept Parcel Map No. 1421 and authorize the City Clerk and staff to sign the final tract map. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. Regular Meeting of 3/1/17 Page 3 of 8 ABSENT: None. ABSTAIN: None. 5. APPROVE PARCEL MAP NO. 1425 Staff recommends that Council accept Parcel Map No. 1425 and authorize the City Clerk and staff to sign the final tract map. Council member Baca noted that her questions had been addressed by response to the previous item. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to accept Parcel Map No. 1425 and authorize the City Clerk and staff to sign the final tract map. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. AUTHORIZE THE ADVERTISEMENT OF A REQUEST FOR PROPOSAL FOR PROFESSIONAL PYROTECHNIC SERVICES RELATED TO THE JULY 4, 2017, CELEBRATION Staff recommends that Council authorize the advertisement of the Request for Proposal (RFP) for professional pyrotechnic service related to the 4th of July Celebration. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to authorize the advertisement of the Request for Proposal (RFP) for professional pyrotechnic service related to the 4th of July Celebration. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. APPROVE APPROPRIATIONS TO RE-ESTABLISH THE DOWNTOWN STREET MARKET Staff recommends that Council: a) Approve the proposed budget of $85,010 and authorize approximately $62,760 from Business Improvement Tax Fund (Fund 230) to cover costs above the project revenue; and b) Authorize the Director of Finance to allocate the required funding, set up the appropriate account and make the required budget adjustments and transfers. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to: a) Approve the proposed budget of $85,010 and authorize approximately $62,760 from Business Improvement Tax Fund (Fund 230) to cover costs above the project revenue; and b) Authorize the Director of Finance to allocate the required funding, set up the appropriate account and make the required budget adjustments and transfers. AYES: Baca, Garcia, Lozano, Pacheco, Rubio Regular Meeting of 3/1/17 Page 4 of 8 NOES: None. ABSENT: None. ABSTAIN: None. 8. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR FISCAL YEAR 2015-16 Staff recommends that Council receive and file the Comprehensive Annual Financial Report (CAFR) for Fiscal Year 2015/16 and all accompanying reports. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to receive and file the Comprehensive Annual Financial Report (CAFR) for Fiscal Year 2015/16 and all accompanying reports. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 9. APPROVE AND AUTHORIZE THE PURCHASE OF GALILEO TECHNOLOGIES MICRO BOX REFUELING STATION COMPRESSION SYSTEM (CNG) UNIT AND STORAGE SYSTEM TO BE LOCATED AT BADILLO STREET AND RAMONA BOULEVARD Staff recommends that Council: a) Approve the purchase of the Galileo Single Microbox System CNG unit, including addition of a heavy-duty dispenser unit for fast fill of large trucks and transit vehicles, pre- and post -systems testing, inspections and certification, in the amount not -to exceed $594,868.00; and b) Instruct staff to proceed with the development and submittal of a purchase order and begin the process to move forward with the manufacture and delivery of the Galileo Single Microbox System in a timely manner. Mayor Pro Tem Rubio asked for clarification as to where the funding for this project came from; also reiterated that the facility will be open to the public. Interim Public Works Director Gutierrez explained that funds are being obtained from two grants and funds from Prop C City funding. A motion was made by Rubio, seconded by Lozano, and carried (5 — 0) to a) Approve the purchase of the Galileo Single Microbox System CNG unit, including addition of a heavy-duty dispenser unit for fast fill of large trucks and transit vehicles, pre- and post -systems testing, inspections and certification, in the amount not -to exceed $594,868.00; and b) Instruct staff to proceed with the development and submittal of a purchase order and begin the process to move forward with the manufacture and delivery of the Galileo Single Microbox System in a timely manner. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Regular Meeting of 3/1/17 Page 5 of 8 PUBLIC HEARING 10. PUBLIC HEARING REGARDING FISCAL YEAR 2017-2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP FUND (HOME) ANNUAL ACTION PLAN Staff recommends that Council conduct the public hearing and following the public hearing approve the allocations for the FY 2017-2018 CDBG public service programs by selecting one of the following options: OPTION 1: Approve the CDBG Advisory Committee's recommendations for funding; or OPTION 2: Revise allocations as the City Council deems appropriate. Suzie Ruelas narrated the staff report which explained the purpose and nature of the Action Plan. Mayor Lozano opened the public hearing at 8:29 p.m. and invites those wishing to speak in support of this item: Pastor Flores, Church of the Redeemer, spoke in support of the item; noted that funding is important to assist the various programs administered by the church. Seeing no others wishing to speak in support, the Mayor invited those wishing to speak in opposition to the item to come forward and be heard. Seeing no other wishing to speak, the Mayor closed the public hearing at 8:36 p.m. Mayor Lozano announced that this item will be returning for Council consideration at the second Public Hearing to be held in May 2017. REPORTS OF OFFICERS 11. CONSIDERATION OF EMPLOYMENT AGREEMENT WITH DAVID SALCEDO FOR THE POSITION OF CHIEF OF POLICE Staff recommends that Council consider and discuss the Employment Agreement with David Salcedo for the position of Chief of Police. A motion was made by Mayor Lozano, seconded by Council member Pacheco, to select and appoint David Salcedo as the new Chief of Police and to approve the associated employment contract. Council member Baca voiced objection. Upon hearing the objection, Mayor Lozano directed the City Clerk to conduct a roll call vote. Mayor Pro Tem Rubio asked that this item be discussed before proceeding with the vote; noted that additional due diligence should be performed and that greater consideration be given to the salary and compensation be considered since it appears to be on the high side. Council Member Baca clarified her objection, also attributing it to the proposed salary and compensation being proposed. Mayor Lozano noted that Mr. Salcedo would be taking a pay cut by taking the position and expounded on salaries of chiefs in surrounding cities and the salary being proposed for the position. Regular Meeting of 3/1/17 Page 6 of 8 Council member Baca went on to clarify and explain some of the differences in the salary and benefits levels comparatively. Council member Garcia noted that all of the candidates interviewed were of top quality and that the compensation is not out of line with the average and the City wants to be competitive in what is being offered. Discussion continued regarding the competitive relevance of salary data from four years ago and current expectations, and the benefits that are also included with the job. A motion was made by Lozano, seconded by Pacheco, and carried (3 — 2; Baca and Rubio voting No) to approve the Employment Contract with David Salcedo for the position of Chief of Police AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. 12. FISCAL YEAR 2015/16 MID -YEAR BUDGET PRESENTATION Staff recommends that Council review the mid -year analysis and approve the mid -year revenue and expenditure projections for fiscal year ending June 30, 2017. Finance Director Rose Tam provided a brief overview of the current status of the mid -year budget and projections through the end of the current fiscal year. Directors and members of the Executive team provided an overview of activities in individual departments, respectively. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve the mid -year revenue and expenditure projections for fiscal year ending June 30, 2017. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Mayor Pro Tem Rubio for Council to discuss and consider: • "Storm Water Collection Master Plan" that would include collaborating with our neighboring cities and identifying areas that can be transformed into storm water capture facilities Mayor Pro Tem Rubio asked staff to cooperate with surrounding cities and related agencies to develop a long term plan for capturing storm water. Request by Council Member Baca for Council to discuss and consider: • Direct Staff to ensure that all development and new development in the City of Baldwin Park will comply with the State storm water and capture standards (MS4 Compliance). Regular Meeting of 3/1/17 Page 7 of 8 Council member Baca requested that similar action be taken to assure that existing regulations are expanded and new language developed to insure that the City is in compliance with storm water standards. • Create or update a "Policy" that addresses Bullying, Harassment, Abuse and Verbal Abuse, including Physical Contact which will apply to all employees and Elected Officials. Council member Baca noted that the existing policy does not included the language to include elected officials which would require compliance of all City representatives. Council member Pacheco suggested that it be brought back in a Study Session for discussion. Council discussion included whether an elected official is truly a city employee and, therefore, automatically a party to the policy. City Attorney David Olivas confirmed that, under certain circumstances, elected officials are considered city employees but that further investigation is needed. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Baca, to adjourn the meeting at 9:45 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Regular Meeting of 3/1/17 Page 8 of 8 MINUTES ITEM NO. c—K BALDWIN PARK HOUSING AUTHORITY MARCH 15, 2017, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 8:54 p.m. ROLL CALL Board Members present: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:54 p.m. and seeing no one wishing to speak, Public Communications closed at 8:54 p.m. CONSENT CALENDAR 1. TREASURER'S REPORT: JANUARY 2017 Staff recommends that the City Council receive and file the Treasurer's Report. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to receive and file the Treasurer's Report. 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 Pacheco, to adjourn the meeting at 8:55 p.m. Mayor ATTEST: City Clerk APPROVED: MINUTES BALDWIN PARK FINANCE AUTHORITY MARCH 15, 2017, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 8:55 p.m. ROLL CALL Board Members present: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:55 p.m. and seeing no one wishing to speak, Public Communications closed at 8:55 p.m. CONSENT CALENDAR 1. TREASURER'S REPORT: JANUARY 2017 Staff recommends that the City Council receive and file the Treasurer's Report. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to receive and file the Treasurer's Report. 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 Pacheco, to adjourn the meeting at 8:55 p.m. Mayor ATTEST: City Clerk APPROVED: MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING APRIL 5, 2017, 6:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 6:06 p.m. by Mayor Lozano. ROLL CALL PRESENT: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Manuel Lozano ABSENT: Mayor Pro Tem Susan Rubio PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 6:07 p.m. Seeing no one wishing to speak, Public Communications closed at 6:07 p.m. OPEN SESSION 1. CITY POLICY City Policy Study Session by City Attorney Robert Tafoya A motion by Baca, seconded by Lozano, and passed (3-0-2; Garcia and Rubio absent) to move this item to the next regularly scheduled Council meeting. RECESS TO CLOSED SESSION 2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Hadsell v. City of Baldwin Park Case No. BC548602 Case Name: City of Baldwin Park v. City of Irwindale, et al., Case No. BS163400 3. PUBLIC EMPLOYEE APPOINTMENT (GC §54957): Community Development Director Public Works Director 4. THREAT TO PUBLIC SAFETY OR FACILITIES Pursuant to Government Code §54957(a) Security briefing by Chief of Police Special Meeting of 4/5/17 Page 1 of 2 5. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): One (1) ADJOURNMENT There being no further business, motion was made by Lozano, seconded by Baca, to adjourn the meeting at 7:14 p.m. REPORT ON CLOSED SESSION* Mayor Lozano reported that no action was taken on items discussed in Closed Session. Mayor ATTEST: City Clerk APPROVED: Special Meeting of 4/5/17 Page 2 of 2 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING MARCH 15, 2017,7:00 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 7:15 p.m. INVOCATION The invocation was provided by Pastor Flores. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano reported that Council would be reconvening to Closed Session immediately after the Regular Meeting. ANNOUNCEMENTS Mayor Lozano acknowledged the new Chief of Police, David Salcedo. PROCLAMATIONS. COMMENDATIONS & PRESENTATIONS • Presentation of a Plaque to retiring California Highway Patrol Captain Steve Urrea, and introduction of the new California Highway Patrol Captain Greg Hammond Mayor Lozano presented a plaque to retiring Captain Steve Urrea in recognition of his service to the community and the state throughout his long career. The Mayor then introduced the new Captain, Greg Hammond of the California Highway Patrol. • Presentation by San Gabriel Valley Bike Club on upcoming events, the benefits of bicycle riding and bicycle safety Diane Valez, Outreach Coordinator and "Safe Routes to School' Director for San Gabriel Valley, provided a presentation to support the partnership between the San Gabriel Valley Bike Club and the City of Baldwin Park; spoke of some of the programs offered by SGV Bike Club; responded to questions from Council. Rainbow Yung, representing the South Coast Air Quality Management District, introduced herself as the new liaison to the City of Baldwin Park; provided updates from the AQMD on new reports and notices that will be provided to municipalities of goings-on in the community. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:35 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Arturo Luna, Baldwin Park resident, expressed displeasure that Council does not follow the agenda; opined that the rejection of claim was unjustified because there are pot holes all over the city. Vanetta Merro, Baldwin Park United Soccer Club, announced that the team has been invited to play in Spain; sought sponsorship for the team since many players are from underprivileged and low income families. Daniel Lavanos, One Legacy, spoke of the organ and tissue donor program "Donate for Life;" announced that the "Gift of Life" Rose Parade float won an award; noted that April is Donor Awareness month and invited the community to attend upcoming events. David Staples, First Student Transportation, introduced the company and spoke of the transportation services offered to school students; noted that they are seeking to lease property for a bus yard and inquired as to whether the City would consider leasing the property to the company. Jenny Brown, future Baldwin Park business owner, introduced herself and noted that she and her business partner will be opening a cafe in the downtown area of Baldwin Park; invited the community to come and enjoy the new cafe upon its opening. Juan Rios, Baldwin Park resident, commented on the opening of Walnut Creek Nature Park, noting that it is premature since the project is not yet complete; suggested that the project be completed before the park is opened to the public; also commented on potholes on Frasier Street. Thomas Kerri, San Bernardino resident, commented on the starting salary proposed for the new Chief of Police; commented on the tree removal and the and environment it creates; opined that the City is letting trees die by failing to water them properly. Greg Tuttle, Baldwin Park business owner, commented on the recent discussions regarding City Policy and allegations of harassment; opined that the code enforcement function was moved into the Police Department to maintain integrity in operations Unidentified speaker, opined that there is a great deal of malice and asked that the community work together. Seeing no others wishing to speak, Public Communications closed at 8:16 p.m. Mayor Lozano clarified that elected officials live in the community to which they serve; asked that the soccer club leave information for follow up; commended One Legacy for their work to save lives. Regular Meeting of 3/15/17 Page 2 of 8 CONSENT CALENDAR Council pulled Item Nos. 6 and 10 from Consent Calendar for further discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 2. TREASURER'S REPORT — JANUARY 2017 Staff recommends that Council receive and file the Treasurer's Report. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to receive and file the Treasurer's Report. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 3. REJECTION OF CLAIMS Staff recommends that Council reject the following claim(s) and direct staff to send appropriate notice of rejection to claimant(s): Osorio, Bertha Claimant alleges damage to her tire after striking a pothole on Ramona Boulevard. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to reject the claims and direct staff to send appropriate notice of rejection to claimants. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. APPROVAL OF MEETING MINUTES Receive and file: A. Meeting Minutes of the Regular City Council Meetings held on October 5, 2016. B. Meeting Minutes of the Finance Authority, Housing Authority, Special and Regular Meetings held on October 19, 2016. (A revision to Item No. 7 was read into the record to correct the Council's approval action) C. Meeting Minutes of the Regular City Council Meetings held on November 2, 2016. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to receive and file the minutes. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Regular Meeting of 3/15/17 Page 3 of 8 5. AUTHORIZATION TO ENTER INTO A LEASE AGREEMENT FOR TWO NEW COPY MACHINES Staff recommends that Council approve entering into a 60 -month Lease Agreement with CBE Office Solutions through Cell Business Equipment for two new Canon copy machines. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to approve entering into a 60 -month Lease Agreement with CBE Office Solutions through Cell Business Equipment for two new Canon copy machines. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. ACCEPT AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR CITY PROJECT NO. 2016-0151 —WALNUT CREEK NATURE PARK IMPROVEMENTS, PHASE II It is recommended that the Council: Accept the construction Improvements by Lucas Builders, Inc. and authorize the recordation of a Notice of Completion (NOC) with the Los Angeles County Recorder's Office; and 2. Authorize payment of $47,525.95 (5%) construction retention funds to Lucas Builders, Inc. upon expiration of the 35 -day lien period. Council member Garcia expressed gratitude for the funding of the park rehabilitation and appreciation to all those who have contributed to the project. A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to: 1. Accept the construction Improvements by Lucas Builders, Inc. and authorize the recordation of a Notice of Completion (NOC) with the Los Angeles County Recorder's Office; and 2. Authorize payment of $47,525.95 (5%) construction retention funds to Lucas Builders, Inc. upon expiration of the 35 -day lien period. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. APPROVE RESOLUTION NO. 2017-175 INITIATING THE PROCEEDINGS AND ORDERING PREPARATION OF THE ENGINEERS REPORT FOR THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2017-2018 Staff recommends that Council waive further reading, read by title only, and adopt Resolution No. 2017-175, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Initiation of the Proceedings and Ordering the Preparation of the Engineers Report for the Fy2017-18 Levy of Annual Assessments for the City Of Baldwin Landscaping and Lighting Maintenance District Pursuant to the Provisions of Division 15, Part 2 of the State Of California Streets And Highways Code." Regular Meeting of 3/15/17 Page 4 of 8 A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to approve and adopt Resolution No. 2017-175, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Initiation of the Proceedings and Ordering the Preparation of the Engineers Report for the Fy2017-18 Levy of Annual Assessments for the City Of Baldwin Landscaping and Lighting Maintenance District Pursuant to the Provisions of Division 15, Part 2 of the State Of California Streets And Highways Code." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 8. APPROVE RESOLUTION NO. 2017-176 INITIATING THE PROCEEDINGS AND ORDERING PREPARATION OF THE ENGINEERS REPORT FOR THE PARKS MAINTENANCE ASSESSMENT DISTRICT FOR FY 2017-2018 Staff recommends that Council waive further reading, read by title only, and adopt Resolution No. 2017-176, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Initiation of the Proceedings and Ordering the Preparation of the Engineers Report for the FY2017-18 Levy of Annual Assessments for the City of Baldwin Park Parks Maintenance District Pursuant to the Provisions of Division 15, Part 2 of the State Of California Streets And Highways Code." A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to adopt Resolution No. 2017-176, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Initiation of the Proceedings and Ordering the Preparation of the Engineers Report for the FY2017-18 Levy of Annual Assessments for the City of Baldwin Park Parks Maintenance District Pursuant to the Provisions of Division 15, Part 2 of the State Of California Streets And Highways Code." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 9. CONSIDERATION TO AMEND CONTRACT HOURLY COMPENSATION RATE TO SOUTHLAND TRANSIT, INC., DUE TO INCREASES IN MINIMUM WAGE LABOR RATES Staff recommends that Council: Authorize the Mayor to sign the attached contract Amendment #1 to increase Southland Transit, Inc. (STI), hourly compensation rates as shown in the table; 2. Authorize the Interim Director of Public Works to appropriate funds to cover the increase in costs; and 3. Authorize the Director of Finance to make necessary budget adjustments to allow payments at the approved hourly compensation rate. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to: 1. Authorize the Mayor to sign the attached contract Amendment #1 to increase Southland Transit, Inc. (STI), hourly compensation rates as shown in the table; Regular Meeting of 3/15/17 Page 5 of 8 2. Authorize the Interim Director of Public Works to appropriate funds to cover the increase in costs; and 3. Authorize the Director of Finance to make necessary budget adjustments to allow payments at the approved hourly compensation rate. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 10. REQUEST FOR AN APPROPRIATION IN THE AMOUNT OF $55,808.18 FOR DEPOSIT OF COST SHARING FUNDS FOR THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) IMPLEMENTATION PER THE UPPER SAN GABRIEL RIVER WATERSHED CITY -LA COUNTY MEMORANDUM OF UNDERSTANDING (MOU) Staff recommends that Council: Approve an appropriation of $55,808.18 for the City's Cost share per Memorandum of Understanding (MOU) between the Los Angeles Flood Control District, the County of Los Angeles and the Cities of Baldwin Park, Covina, Glendora, Industry, South EI Monte and La Puente for the cost sharing for the implementation of the Coordinated Integrated Monitoring Program (CIMP) for the Upper San Gabriel River Watershed; and 2. Authorize the Director of Finance to appropriate additional funds to cover the payment. Council member Baca asked for clarification of where funding for this item came from. Interim Public Works Director Gutierrez explained that funding sources include gas tax, an oil recycling grant and storm drain NPDS fund. A motion was made by Baca, seconded by Lozano, and carried (5 — 0) to: Approve an appropriation of $55,808.18 for the City's Cost share per Memorandum of Understanding (MOU) between the Los Angeles Flood Control District, the County of Los Angeles and the Cities of Baldwin Park, Covina, Glendora, Industry, South EI Monte and La Puente for the cost sharing for the implementation of the Coordinated Integrated Monitoring Program (CIMP) for the Upper San Gabriel River Watershed; and 2. Authorize the Director of Finance to appropriate additional funds to cover the payment. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. PUBLIC HEARING 11. CONDUCT A PUBLIC HEARING AND, FOLLOWING THE PUBLIC HEARING, CONDUCT THE FIRST READING OF ORDINANCE NO. 1397 AMENDING CITY OF BALDWIN PARK'S ZONING ORDINANCE SUBSECTION 153.170 ET SEQ Staff Recommends That Council Conduct A Public Hearing And, Following The Public Regular Meeting of 3/15/17 Page 6 of 8 Hearing, Waive Further Reading And Adopt By Title Only, For The First Reading Of Ordinance No. 1397, Entitled "An Ordinance Of The City Council Of The City Of Baldwin Park, California, Amending The Municipal Code, Subchapter 153.170 — Sign Regulations." City Attorney Robert Tafoya provided a summary of the existing Ordinance and the proposed Ordinance changes. Mayor Lozano opened the public hearing at 8:28 p.m. and invited those wishing to speak in support of the item to come forward. Seeing no one wishing to speak in support, those wishing to speak in opposition to the proposed Ordinance were invited to come forward and be heard. Seeing no one wishing to speak, Mayor Lozano closed the public hearing at 8:28 p. M. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to Waive Further Reading And Adopt By Title Only, For The First Reading Of Ordinance No. 1397, Entitled "An Ordinance Of The City Council Of The City Of Baldwin Park, California, Amending The Municipal Code, Subchapter 153.170 — Sign Regulations. REPORTS OF OFFICERS 12. FISCAL YEAR 2017-2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP FUND (HOME) ANNUAL ACTION PLAN Staff recommends that Council approve the allocations for the FY 2017-2018 CDBG public service programs by selecting one of the following options: OPTION 1: Approve the CDBG Advisory Committee's recommendations for funding; or OPTION 2: Revise allocations as the City Council deems appropriate. Housing Manager Suzie Ruelas noted that this represents an opportunity for Council to approve the funds as is or to make changes. Mayor Lozano requested that the allocation to the Church of the Redeemer be increased by $1,100 and reduce $1,100 from the Youth Employment program, and leave all other allocations as is. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to increase the allocation to the Church of the Redeemer by $1,100 for a total of $9,000 and reduce the allocation of the Youth Employment program by $1,100 for a total of $14,933 as an offset. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to approve the amended allocations for the Fiscal Year 2017-2018 Community Development Block Grant (CDBG) and Home Investment Partnership Fund (HOME) Annual Action Plan. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Regular Meeting of 3/15/17 Page 7 of 8 13. CITY OF BALDWIN PARK FISCAL YEAR 2016-17 STREET REHABILITATION PROGRAM UPDATE Staff recommends that Council consider and discuss the proposed street rehabilitation projects for FY 2016-17 and provide staff with direction, and receive and file the report. Interim Public Works Director Gutierrez provided a brief PowerPoint presentation to illustrate accomplishments and update Council on the paving program. No vote was taken. Council received and filed the report. 14. CONSIDERATION OF A CONTRACT WITH NATIONWIDE COST RECOVERY SERVICE FOR THE IDENTIFICATION AND COLLECTION OF FINES ON FORECLOSED PROPERTIES THROUGHOUT THE CITY Staff recommends that Council give further direction as to how the city manages and maintains the Vacant Land and Abandoned Property Registration Program. A motion was made by Lozano, seconded by Rubio, and carried (5 — 0) to bring this item back at the Regular City Council Meeting scheduled for April 5, 2017. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Council members extended a welcome to the new Chief of Police and asked that police department staff provide monthly reports on crime trends and statistics in the city. 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 8:54 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Regular Meeting of 3/15/17 Page 8 of 8 MINUTES ITEM NO. 02 L BALDWIN PARK HOUSING AUTHORITY — SPECIAL MEETING APRIL 5, 2017, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano at 8:31 p.m. ROLL CALL Board Members present: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:31 p.m. and seeing no one wishing to speak, Public Communications closed at 8:31 p.m. PUBLIC HEARING 1. BALDWIN PARK HOUSING AUTHORITY'S PUBLIC HOUSING AGENCY FY 2017-2018 ANNUAL PLAN Staff recommends that the Board conduct a public hearing and following the public hearing approve: 1. The adoption and approval of the Public Housing Agency (PHA) FY 2017- 2018 PHA Annual Plan which includes the Enterprise Income Verification (EIV) and the Violence Against Women Act (VAWA) Policies (Attachment "A"); and 2. Approve Resolution No. HA -2017-10, entitled "A Resolution of the city of Baldwin Park Housing Authority Approving and Adopting the Public Housing Annual Agency Plan for RY 2017-2018," which established the adoption of the Plan as required by the U.S. Department of Housing and Urban Development (HUD) (Attachment "B"); and 3. Authorize staff to begin the application process for disposition of Public Housing McNeill Manor units. Mayor Lozano opened the public hearing at 8:32 p.m. and invited those wishing to speak in support of the item to come forward and be heard. Seeing no one wishing to speak, Mayor Lozano invited those wishing to speak in opposition to the item to come forward. Seeing no one come forward to speak, Mayor Lozano closed the public hearing at 8:32 p.m. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to: 1. The adoption and approval of the Public Housing Agency (PHA) FY 2017-2018 PHA Annual Plan which includes the Enterprise Income Verification (EIV) and the Violence Against Women Act (VAWA) Policies (Attachment "A"); and 2. Approve Resolution No. HA -2017-10, entitled A Resolution of the city of Baldwin Park Housing Authority Approving and Adopting the Public Housing Annual Agency Plan for RY 2017-2018," which established the adoption of the Plan as required by the U.S. Department of Housing and Urban Development (HUD) (Attachment "B"); and 3. Authorize staff to begin the application process for disposition of Public Housing McNeill Manor units. 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 Rubio, to adjourn the meeting at 8:33 p.m. Mayor ATTEST: City Clerk APPROVED: MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING APRIL 5, 2017, 6:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 6:06 p.m. by Mayor Lozano. ROLL CALL PRESENT: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Manuel Lozano ABSENT: Mayor Pro Tem Susan Rubio PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 6:07 p.m. Seeing no one wishing to speak, Public Communications closed at 6:07 p.m. OPEN SESSION 1. CITY POLICY City Policy Study Session by City Attorney Robert Tafoya A motion by Baca, seconded by Lozano, and passed (3-0-2; Garcia and Rubio absent) to move this item to the next regularly scheduled Council meeting. RECESS TO CLOSED SESSION 2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Hadsell v. City of Baldwin Park Case No. BC548602 Case Name: City of Baldwin Park v. City of Irwindale, et al., Case No. BS163400 3. PUBLIC EMPLOYEE APPOINTMENT (GC §54957): Community Development Director Public Works Director 4. THREAT TO PUBLIC SAFETY OR FACILITIES Pursuant to Government Code §54957(a) Security briefing by Chief of Police Special Meeting of 4/5/17 Page 1 of 2 5. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): One (1) ADJOURNMENT There being no further business, motion was made by Lozano, seconded by Baca, to adjourn the meeting at 7:14 p.m. REPORT ON CLOSED SESSION* Mayor Lozano reported that no action was taken on items discussed in Closed Session. Mayor ATTEST: City Clerk APPROVED: Special Meeting of 4/5/17 Page 2 of 2 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING APRIL 5, 2017, 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 7:15 p.m. INVOCATION The invocation was provided by Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano reported that no action was taken by Council during Closed Session. ANNOUNCEMENTS Mayor Lozano asked that this evening's meeting be closed in memory of Alicia Vazquez, a beloved citizen of Baldwin Park, and extended deepest condolences to the family. Council member Pacheco noted that the grand opening of the Walnut Creek Nature Park was a great success and thanked everyone for their attendance; noted that there a number of events coming up and invited everyone to come out and enjoy the festivities. Mayor Pro Tem Rubio recognized the anniversary of the Army and thanked all those in the armed forces for their services. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Presentation of Certificate of Recognition to Hellen Christiel Jimenez, Honor Roll Student Council member Pacheco presented the Certificate of Recognition to Hellen Jimenez in recognition of her outstanding achievements in school. • Proclamation to proclaim April 3 - 7, 2017, as Adult Education Week Mayor Pro Tem Rubio presented the Proclamation recognizing April 3 — 7, 2017, as Adult Education Week. • Presentation of Certificates recognizing Students in the Adult Education Essay Contest Mayor Pro Tem Rubio presented Certificates of Recognition to winners of the Adult Education Essay Contest and congratulated all who participated. • Presentation of Proclamation recognizing April as DMV/Donate Life California Month Mayor Pro Tem Rubio presented a Proclamation to recognize April as DMV/Donate Life California Month. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:10 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Teri Muse, Baldwin Park Business Association, invited the community to upcoming Association events; announced a recent job fair at Waste Management; announcing the opening of the application period for the intern and scholarship program sponsored by Waste Management. Gilbert Zaraoza, New Beginning Community Ministry, invited the Council and community to the Easter production of The Witness, a live production; noted that public officials from around the Valley have been invited and encouraged public representatives to attend. Christina Larios, Baldwin Park Library Manager, announced that the library has partnered with L.A. County museums to secure passes for library card holders. Seeing no others wishing to speak, Public Communications closed at 8:25 p.m. CONSENT CALENDAR Council pulled Item Nos. 5 and 7 from Consent Calendar for further discussion. 1. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 2. AUTHORIZATION TO ENTER INTO A LEASE AGREEMENT FOR TWO NEW COPY MACHINES Staff recommends that Council approve entering into a 60 -month lease agreement with CBE Office Solutions through Cell Business Equipment for two new Cannon copy machines. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve entering into a 60 -month lease agreement with CBE Office Solutions through Cell Business Equipment for two new Cannon copy machines. AYES: NOES: ABSENT: ABSTAIN Baca, Garcia, Lozano, Pacheco, Rubio None. None. None. Regular Meeting of 4/5/17 Page 2 of 6 3. CONDUCT A SECOND READING OF ORDINANCE NO. 1397 AMENDING CITY OF BALDWIN PARK'S ZONING ORDINANCE SUBSECTION 153.170 ET SEQ Staff recommends that Council conduct a second reading, waive further reading and adopt by title only, Ordinance No. 1397, entitled "An Ordinance Of The City Council Of The City Of Baldwin Park, California, Amending The Municipal Code, Subchapter 153.170 — Sign Regulations." A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to approve and adopt by title only, Ordinance No. 1397, entitled "An Ordinance Of The City Council Of The City Of Baldwin Park, California, Amending The Municipal Code, Subchapter 153.170 — Sign Regulations." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. ADOPT RESOLUTION NO. 2017-177, WHICH REVISES AND PROVIDES MORE RESTRICTIVE BUILDING STANDARDS OF THE LOS ANGELES COUNTY FIRE PROTECTION DISTRICT WITHIN THE JURISDICTIONAL BOUNDARIES OF THE CITY OF BALDWIN PARK Staff recommends that Council: 1. Adopt the majority vote of the attached Resolution No. 2017-177, entitled "A Resolution of the City Council of the City of Baldwin Park Adopting the Consolidated Fire Protection District of Los Angeles County Fire Code, Ratifying the More Restrictive Building Standards Contained the that Code and Delegating Enforcement of the Fire Code in the City to the Los Angeles County Fire Chief;" and 2. Direct staff to file a copy of the ratification of the more restricting building standards and required local findings, together with the adopted City Ordinance, with the State Department of Housing and Community Development and the California Building Standards Commission. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to Adopt the majority vote of the attached Resolution No. 2017-177, entitled "A Resolution of the City Council of the City of Baldwin Park Adopting the Consolidated Fire Protection District of Los Angeles County Fire Code, Ratifying the More Restrictive Building Standards Contained the that Code and Delegating Enforcement of the Fire Code in the City to the Los Angeles County Fire Chief;" and Direct staff to file a copy of the ratification of the more restricting building standards and required local findings, together with the adopted City Ordinance, with the State Department of Housing and Community Development and the California Building Standards Commission. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 5. APPROVAL OF THE AGREEMENT WITH LEARNING ENRICHMENT AFTER- SCHOOL PROGRAM, INC., FOR THE SUMMER LUNCH PROGRAM Staff recommends that Council authorize the Mayor to execute the Agreement with Learning Enrichment After -School Program, Inc., and authorize the Director of Recreation and Community Services to execute all Summer Lunch Program documents. Regular Meeting of 4/5/17 Page 3 of 6 Council member Baca expressed appreciation for the L.E.A.P. program and the positive contribution it makes to the community's youth; inquired about what is done with left -over food. Parks and Community Services Director Manny Carrillo explained that there are restrictions as to what is allowed to be distributed but that left -over prepackaged foods are distributed to local churches and food banks A motion was made by Baca, seconded by Lozano, and carried (5 — 0) authorize the Mayor to execute the Agreement with Learning Enrichment After -School Program, Inc., and authorize the Director of Recreation and Community Services to execute all Summer Lunch Program documents. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. AUTHORIZATION TO UPDATE THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT UNDER ITS HOUSING RELATED PARKS PROGRAM GRANT AND ADOPTION OF RESOLUTION NO. 2017-178 Staff recommends that Council authorize the Director of Recreation and Community Services to update the State of California Department of Housing and Community Development under its Housing Related Parks Program Grant and Adopt Resolution No. 2017-78, entitled "A Resolution of the City Council of the City of Baldwin Park Authorizing the Application for Housing Related parks Program Grant" and the application to participate in the Housing Related Parks Program. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to authorize the Director of Recreation and Community Services to update the State of California Department of Housing and Community Development under its Housing Related Parks Program Grant and Adopt Resolution No. 2017-78, entitled "A Resolution of the City Council of the City of Baldwin Park Authorizing the Application for Housing Related parks Program Grant" and the application to participate in the Housing Related Parks Program. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 7. AWARD OF CONTRACT FOR 4TH OF JULY PYROTECNIC SHOW WITH PYRO SPECTACULARS, INC. Staff recommends that Council approve the contract with Pyro Spectacular, Inc., for professional pyrotechnical services and authorize the Director of Recreation and Community Services to execute the agreement with Pyro Spectaculars, Inc. Council member Baca inquired about funding for this event and what upcoming budget projections look like for the Business Improvement Tax fund balance; requested that this item be brought back at the next meeting to allow time for staff to respond to inquiries and provide additional information on funding for this and future events. Police Chief Salcedo noted that the Police Department will be enforcing the restricted use of fireworks and will be aggressively citing those in violation. Regular Meeting of 4/5/17 Page 4 of 6 Council member Baca and Mayor Pro Tem Rubio requested that fireworks safety be included in the safety report that will be brought before Council at a future meeting. A motion was made by Baca, seconded by Lozano, and carried (5 — 0) to bring this item back at the April 19, 2017, Council meeting. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 8. APPROVE PARCEL MAP NO. 1407:1707 BIG DALTON AVENUE, AND 14127 AND 14137 CORAK STREET Staff recommends that Council accept Parcel Map No. 1407, authorize the City Clerk and staff to sign the final tract map and release the off-site improvement bond for $68,160.75. A motion was made by Lozano, seconded by Baca, and carried (5 — 0) to accept Parcel Map No. 1407, authorize the City Clerk and staff to sign the final tract map and release the off-site improvement bond for $68,160.75. AYES: Baca, Garcia, NOES: None. ABSENT: None. ABSTAIN: None. Lozano, Pacheco, Rubio 9. FIRST AMENDMENT TO RENEW RIGHT-OF-WAY USE AGREEMENT WITH CROWN CASTLE Staff recommends that Council approve the First Amendment to the existing Right -Of - Way Use Agreement with Crown Castle, NG West LLC, and authorize the Mayor to execute the First Amendment to the Agreement. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to approve the First Amendment to the existing Right -Of -Way Use Agreement with Crown Castle, NG West LLC, and authorize the Mayor to execute the First Amendment to the Agreement. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. REPORTS OF OFFICERS None. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS • Councilmember Garcia would like to have council discussion and direction regarding the organizational placement of Code Enforcement as well as possible alternative names for the function. Council member Garcia noted that there has been an increase in code enforcement concerns and posed the question of how the code enforcement program is being managed; opined that moving code enforcement from the Community Development Regular Meeting of 4/5/17 Page 5 of 6 division to the Police Department has posed some problems; state that citizens have alleged that officers are creating a feeling of intimidation; suggested that code enforcement be moved back into Community Development so that the community sees that code enforcement is meant to support beatification of the city; suggested that the name of the program be revised to echo the intent of beautification as well. Council discussion continued regarding allegations of intimidation and noted that the matters should be addressed internally; may be attributed the impression to the possibility that staff uniforms appear to be similar to police officers; suggested that community education is necessary and consideration will be given to relocating code enforcement back to Community Development. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Rubio, seconded by Baca, to adjourn the meeting at 8:31 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Regular Meeting of 4/5/17 Page 6 of 6 ITEM NO. 8 STAFF REPORT ! 1 TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Amy L. Harbin, AICP City Planne 1901VY May 3, 22017 Housing Element Progress Report 2016 SUMMARY City Council approval of the City's Housing Element Progress Report for 2016, as required by the State of California Housing and Community Development Department (HCD). FISCAL IMPACT There is no fiscal impact resulting from this item. RECOMMENDATION It is recommended that the City Council receive and file the report. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. BACKGROUND The Housing Element is one of the seven mandatory elements required for the City's General Plan, and it specifies ways in which housing needs of existing and future resident populations can be met. State law requires that each city and county update their Housing Element on a pre -determined cycle. The 2014-2021 Housing Element is comprised of five sections: (1) Needs Assessment; (2) Housing Constraints; (3) Housing Resources; (4) Review of previous Accomplishments from the 2008-2013 Housing Element; and (5) Housing Plan. The City's Regional Housing Needs Allocations are summarized in the table on the next page by income level. Keep in mind that the City is not required to construct these units, but rather plan for them through the Zoning Code development standards and the Housing Programs adopted as part of the 2014-2021 Housing Element. TABLE #1 CITY'S REGIONAL HOUSING NEEDS ALLOCATION *Median Family Income This Progress Report (Attachment #1), which is comprised of several tables, summarizes activity that took place during the 2016 calendar year. Activity includes new building activity (summarized in Table #2 below), units that were rehabilitated and/or preserved, and building permit activity for affordable dwelling units. ° OF COQf 'TY>:: NI EIZ OF ° R T�4 '0 T�C3TAL INC{ 1 GROI7P h''I` : I3NIT5 QTS Above -Moderate Income 120%+ 242 43.1% Moderate Income 81-120% 90 16.2% Low Income 51-80% 83 15.3% Very Low Income 0-50% 142 25.3% TOTAL 557 100% *Median Family Income This Progress Report (Attachment #1), which is comprised of several tables, summarizes activity that took place during the 2016 calendar year. Activity includes new building activity (summarized in Table #2 below), units that were rehabilitated and/or preserved, and building permit activity for affordable dwelling units. Housing Element Progress Report 2016 May 3, 2017 Pate 2 TABLE #2 BUILDING ACTIVITY 2016—NEW CONSTRUCTION Table 43, below summarizes the informational tables contained in the Progress Report. TABLE #3 SUMMARY OF HOUSING ELEMENT PROGRESS REPORT BY TABLE A I Shows ,the number of new construction building permits issued for units based on Identifies the number of units rehabilitated, preserved or acquired based on A2 I A3 Building permits issued for moderate and above moderate income units. B Cumulative listing of progress toward construction of the units the City is required to plan for in Table #1 above. C Yearly (2016) status of each program contained in the 2014-2021 Housing Element. Pursuant to California Government Code Section 65400, local governments shall prepare and provide an annual report on the progress of the City's Housing Element for the previous calendar year to the City Council, Office of Planning and Research (OPR), the Department of Housing and Community Development (HCD). ATTACHMENTS #1, Annual Housing Element Progress Report for the 2016 Calendar Year %0F = NUMBER OF NEW PERMITS TOTAL UI�TiTS" INCOME GROUP COUNTY ISSUED BY REMAINING BY MFI* " AFFORDABILITY INCOME LEVEL Above -Moderate Income 120%+ 31 171 Moderate Income 81-120% 0 90 Low Income 51-80% 0 66 Very Low Income 0-50% 0 95 TOTAL 31 422 Table 43, below summarizes the informational tables contained in the Progress Report. TABLE #3 SUMMARY OF HOUSING ELEMENT PROGRESS REPORT BY TABLE A I Shows ,the number of new construction building permits issued for units based on Identifies the number of units rehabilitated, preserved or acquired based on A2 I A3 Building permits issued for moderate and above moderate income units. B Cumulative listing of progress toward construction of the units the City is required to plan for in Table #1 above. C Yearly (2016) status of each program contained in the 2014-2021 Housing Element. Pursuant to California Government Code Section 65400, local governments shall prepare and provide an annual report on the progress of the City's Housing Element for the previous calendar year to the City Council, Office of Planning and Research (OPR), the Department of Housing and Community Development (HCD). 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Z T— CD N O J O Q� m O fA r C 4) E E 0 U is 4) d u ITEM NO. ` TO: Honorable Mayor and City Councilmembers FROM: Amy Harbin, AICP, City Planner Abraham Tellez, Associate Planner DATE: May 3, 2017 SUBJECT: SECOND READING OF ORDINANCE NO. 1398, A ZONING CODE AMENDMENT TO SECTION 153.170.105(1) TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO BILLBOARDS AND SECOND READING OF ORDINANCE NO. 1399, TO AUTHORIZE THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH BECKER BOARDS SMALL, LLC FOR A NEW DIGITAL BILLBOARD AT 1919 PUENTE AVENUE. SUMMARY This report requests City Council approval of Ordinance No. 1398 and Ordinance 1399. Ordinance No. 1398 approved a Zoning Code Amendment (AZC-185) to Baldwin Park Municipal Code Section 153.170.105(1) eliminating language to allow all new billboards to be no taller than 65 feet in height regardless of proximity to a freeway sound wall. Ordinance No. 1399 authorizes a Development Agreement between the City of Baldwin Park and Becker Boards Small, LLC to allow the installation of one 65 foot tall double-faced, digital billboard structure in return for various mitigation fees paid to the City. FISCAL IMPACT There will be an increase in general fund revenues. The Developer shall pay an annual development fee to the City of Seventy -Two Thousand Dollars ($72,000) per year. RECOMMENDATION Staff recommends that the City Council adopt Ordinance No. 1398 and Ordinance No. 1399 on second reading, read by title only, and waive any further reading thereof. BACKGROUND These Ordinances were introduced at the City Council meeting on April 19, 2017 for first reading. The City Council closed public hearing and approved the Ordinances by a 3-0 vote. ATTACHMENTS #1, Ordinance No. 1398 #2, Ordinance No. 1399 ATTACHMENT #1 ORDINANCE NO. 1398 ORDINANCE 1398 AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 153.170.105(H) TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO BILLBOARDS WHEREAS, while billboards located within the City can provide a reliable means of advertising and communication, they also can be detrimental to the safety, aesthetics and general welfare of the community; WHEREAS, owners of a billboard, at times; desire to improve the safety, aesthetics and general welfare of the community as part of a program to use available state -of -the art technology new or upgraded billboards; WHEREAS, such a program creates a benefit for the community; WHEREAS, an intent of the State Outdoor Advertising Act (Business and Professions Code sections 5200 et seq.) (the "Act") is to protect the property rights of billboard owners, while recognizing the impacts on safety, aesthetics and the general welfare that can result on a local community from billboards; WHEREAS, in balancing those important and sometimes competing goals, the Act provides for a process for a billboard owner and local community to agree to establish parameters, objectives and conditions for removal of existing billboards and/or installation of new static -faced or digital -faced billboards; WHEREAS, payment to the City of an annual development fee is a reasonable exchange for the installation of a new state-of-the-art billboard; WHEREAS, the newer state-of-the-art billboards will provide area businesses with additional advertising opportunities in a manner that minimizes visual clutter and provides an orderly, attractive, high quality image of the City; and WHEREAS, the newer billboards can be quickly and effectively utilized to present critically important "Amber Alert" and other public safety messages to the community. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1. The foregoing recitations are hereby adopted by the City Council as findings. Based on those findings, the City Council determines the public health, safety and general welfare of the City of Baldwin Park, its residents, property owners, businesses and visitors can be enhanced by amending the Baldwin Park Municipal Code (BPMC) to allow a new Digital Billboard Advertising Display in return for various benefits including an annual development fee; and it is in the best interest of the community to amend the BPMC accordingly. SECTION 2. Based on the foregoing findings and determinations, the BPMC is amended to add the following changes to Section 153.170.105(H) to read as follows: (H) The overall height of the Advertising Structure that is a Static Billboard or that includes a Digital Billboard, and excluding extensions, shall not be more than sixty-five feet (65'), as measured from the highest point of the main road or Interstate Highway from which the advertising is to be viewed, SECTION 3. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. PASSED AND APPROVED ON THE day of , 2017 Manuel Lozano, Mayor Alejandra Avila, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) 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 April , 2017. Thereafter, said Ordinance No. 1398 was duly approved and adopted at a regular meeting of the City Council on , 2017 by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ALEJANDRA AVILA CITY CLERK ATTACHMENT #2 ORDINANCE NO. 1399 ORDINANCE 1399 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH BECKER BOARDS SMALL, LLC FOR THE APPROVAL OF A NEW DIGITAL BILLBOARD STRUCTURE AT THE REAL PROPERTY LOCATED AT 1919 PUENTE AVENUE ALONG THE 1-10 FREEWAY WITHIN THE CITY OF BALDWIN PARK. WHEREAS, pursuant to the Zoning Code section 153.170, as amended January 14, 2017 billboard structures are permitted within any Interstate Freeway Corridor when meeting the stated development standards as noted in Ordinance 1394 and as proposed in Ordinance 1398; and WHEREAS, pursuant to Zoning Code section 153.170, the billboards shall be required to receive Caltrans approval; and WHEREAS, a development agreement with the City of Baldwin Park will be required; and WHEREAS, a duly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on March 22, 2017, to receive comments and consider recommendation to City Council of the proposed Development Agreement (DA 16-01); and WHEREAS, the Planning Commission at such hearing, did recommend that the City Council approve the proposed Agreement; and WHEREAS, the proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's environmental review procedures. In compliance with the California Environmental Quality Act, Section 15063 of the California Environmental Quality Act guidelines, an Initial Study and Mitigated Negative Declaration has been prepared for this project with the purpose of identifying the project's significant effects on the environment; and WHEREAS, the Initial Study and Mitigated Negative Declaration was circulated for public comments between February 10, 2017 to March 13, 2017; and WHEREAS, the applicant has agreed to revisions in the project plans, proposed mitigation measures, and terms of the Development Agreement that will avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and Ordinance 1399 Page 2 WHEREAS, the City Council held a duly noticed public hearing pursuant to law on the Agreement on April 19, 2017; and WHEREAS, the City Council has reviewed the Development Agreement (DA 16-01) (attached as Exhibit "A" herewith and incorporated herein by reference) and finds and declares that compliance with all notice, hearing, and procedural requirements as set forth by law have been met, thus allowing the City Council to review and consider the approval of the attached Development Agreement (DA 16-01); and WHEREAS, the City Council hereby specifically finds that the provisions of the Development Agreement (DA 16-01) are consistent with the General Plan of the City; and WHEREAS, the City Council hereby specifically finds that the Development Agreement (DA 16-01) is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located within the Freeway Commercial — FC zone; and WHEREAS, the City Council hereby specifically finds that the Development Agreement (DA 16-01) is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole; and WHEREAS, the City Council hereby specifically finds that the Development Agreement (DA 16-01) is consistent with the provisions of California Government Code §§ 65864 - 65869.5. WHEREAS, the findings set forth in the attached Development Agreement (DA 16-01) and as set forth in the Mitigated Negative Declaration are hereby incorporated as findings by this City Council in adopting this ordinance, and WHEREAS, as required by law, the City Council gave first reading to the proposed ordinance on April 19, 2017. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Baldwin Park, California, as follows: SECTION 1. The City Council hereby certifies the Mitigated Negative Declaration, and based upon substantial evidence presented to the City Council during the above -referenced hearing, including the Initial Study, any public comments received during the public comment period of the Mitigated Negative Ordinance 1399 Page 3 Declaration, the written staff reports, verbal testimony, and the development plans, the City Council hereby finds that: a) There is no substantial evidence that the project will have a significant effect on the environment; and b) The mitigated negative declaration reflects the City's independent judgment and analysis; and SECTION 2. The City Council hereby adopts the following findings of fact required by Subchapter 153.210.860 of the City's Municipal Code relating to Development Agreements: a) The development agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. The proposed billboard structure is located along the 1-10, San Bernardino Freeway in the Dalewood/Puente/1-10 General Plan Focus Area (Figure LU -4, General Plan Land Use Element). The focus area is identified for larger scale commercial development. The installation of billboards adjacent to the 1-10 San Bernardino Freeway is a land use that is typically seen within commercial areas adjacent to freeways and would not conflict with future or existing larger scale commercial development. b) The development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. The proposed billboard is compatible with other uses allowed in the project site's land use district and zone. The project site is zoned FC, Freeway Commercial, which is compatible with the underlying "General Commercial" General Plan Land Use Designation. Furthermore, the property and project site is adequately adjacent to the 1-10 San Bernardino Freeway and said billboard structure is designed to advertise toward the freeway. c) The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. Ordinance 1399 Page 4 As mentioned above, the digital -faced billboard is proposed to be located on a property zoned Freeway Commercial (FC) and is developed with a commercial use (motorcycle dealer) that is consistent with the zone. As such, it is anticipated that the billboard structure will not be detrimental or injurious to the subject property or the general neighborhood as the surrounding/adjacent areas are also developed with non- residential uses. d) The development agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Pursuant to the City Attorney's Office, along with review by the Chief Executive Officer and the Planning Division Staff, the Development Agreement (Reference Attachment #1) is consistent with California Government Code Sections 65864- 65869.5 SECTION 3. The City Council hereby approves and adopts the Development Agreement (DA 16-01), by and between Becker Boards Small, LLC and the City of Baldwin Park, in the form as attached hereto as Exhibit "A", and authorizes and directs the Mayor to sign it in the name of the City of Baldwin Park. SECTION 4. The City Council directs the City staff to carry out the terms and conditions of the Development Agreement (DA 16-01) and make any modifications, amendments, or alterations to the Development Agreement (DA 16-01) as deemed administratively necessary from time to time. SECTION 5. The City Council does hereby adopt the Condition of Approval applicable to the Development Agreement (DA 16-01): a) Applicant shall submit a signed wet -stamped survey prepared by a licensed engineer identifying the distance between the proposed billboard structure at 14230 Dalewood Street and 1919 Puente Avenue which shall comply with the State of California Outdoor Advertising Act development standards and the Applicant agrees that their proposed sign at 1919 Puente Ave will be built in conformance with the State of California Outdoor Advertising Act, including but not limited to being placed 500 feet or more from the proposed sign at 14230 Dalewood as previously approved per the Development Agreement 15-01 by Bulletin Displays, LLC subsequently approved by the City Council on December 6, 2016. Ordinance 1399 Page 5 SECTION 6. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. PASSED AND APPROVED ON THE _ day of , 2017 MANUEL LOZANO, MAYOR I -11-20&w 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 April 19, 2017. Thereafter, said Ordinance No. 1399 was duly approved and adopted at a regular meeting of the City Council on , 2017 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ALEJANDRA AVILA, CITY CLERK ITEM NO. TO: Honorable Mayor and City Councilmembers FROM: Doug Parnell, Acting Chief of Police DATE: May 3, 2017 SUBJECT: AUTHORIZE REPLACEMENT OF A POLICE K-9 VEHICLE SUMMARY This report seeks City Council approval for the purchase of one Ford Utility Police vehicle and authorization to install and outfit this vehicle with specialized police equipment so it can be placed into service as a K-9 patrol vehicle. This car will replace a vehicle that was declared a total loss as a result of a traffic collision. FISCAL IMPACT There is no impact to the General Fund. The purchase of the police K-9 vehicle is eligible under the Federal Asset Forfeiture Fund (205). The total cost of replacement is $48,064. The City has received $45,038.61 from the involved party's insurance agency to settle the claim on the vehicle. This will offset and reduce the vehicle purchase price by that amount. The net cost will be $3,025.90 which will be paid from the Federal Asset Forfeiture Fund. RECOMMENDATION Staff recommends City Council approval to: 1. Waive the formal bidding process pursuant to §34.37 of the Baldwin Park Municipal Code on one vehicle, 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 vehicle and equipment through existing contracts; joining in the cooperative purchasing contracts, or through procedures outlined above, 4. Authorize the Director of Finance to appropriate $48,064.51 from the Federal Asset Forfeiture Fund to cover the cost of the replacement of the police K-9 vehicle and deposit the $45,038.61 from the insurance settlement claim to the Federal Asset Forfeiture Fund to offset the purchase cost by the same amount, and 5. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchases. BACKGROUND There is the need to replace a 2009 Police Patrol car that was declared a total loss as a result of a traffic collision that occurred on June 18, 2016. The vehicle collision was caused by another party and their insurance company settled the claim for $45,038.61. This particular police vehicle was assigned and outfitted for a K-9 officer. The absence of this vehicle has placed a strain on our current fleet making it necessary to keep more of the vehicles running around the clock. This practice leads to excessive "wear and tear" on the remaining fleet. The new vehicle will be purchased through an existing cooperative purchasing agreement with Wondries Ford of Alhambra. New emergency equipment will be purchased and installed in the new vehicle by Black and White emergency vehicles. 2016 Ford Explorer Purchase (4-19-17) Paee 2 Usual purchasing practices in acquiring vehicles and other major equipment is by following formal bid procedures, which are outlined in The Baldwin Park Municipal Code §34.23. This section also provides a mechanism to waive the bidding procedure under certain circumstances. 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 Not required. ALTERNATIVES 1. Not replace the K-9 patrol vehicle. ATTACHMENTS #1, Quote from Wondries Ford #2, Quote from Black and White Emergency Vehicles National Auto Fleet Group A division of Chevrolet of Watsonville 490 Auto Center Drive, Watsonville, CA 95076 855 BUY-NJPA 626-457-5590 855 289-6572 626-457-5593 April 4, 2017 Sergeant John Patino Baldwin Park Police Department 14403 E. Pacific Avenue Baldwin Park, CA 91706 Delivery Via Email Dear Sergeant Patino, In response to your inquiry, we are pleased to submit the following for your consideration: National Auto Fleet Group will sell, service and deliver at Baldwin Park, new/unused 2017 Police Interceptor Utilities responding to your requirement with the attached specifications for: Vehicle 28,208.00 Extended Warranty 5 yr 100K premium care 1,980.00 Sales Tax 2,468.20 Tire Tax 8.75 Total 32,664.95 These vehicles are available under the NJPA master vehicle contract# 120716. Terms are net 30 days. National Auto Fleet Group welcomes the opportunity to assist you in your vehicle requirements. John Oviyach National Law Enforcement Account Manager National Auto Fleet Group Wondries Fleet Group -` naw =— �-� Prepared By: Administrator Your Dealership Name Here 2017 Ford Utility Police Interceptor Code Description K8A 2017 Ford Utilily Police Interceptor A WD Base Code Description Interior. CHARCOAL BLACK Exterior 1: SHADOW BLACK Exterior 2: No color has been selected. Code Description Class 500A Order Code 5WA OPT (99R) Engine: 3.71. V6 T1 -VCT FFV,• (44C) Transmission. 6 -Speed Automatic, (STDAX) 3.65 Axle Ratio; (STDGV) GVWR. 6,300 lbs, • (STDTR) Tires: P24&55R18 AS BSW,- (S7DWL) Wheels: 18"x 8"S -Spoke Painted Black Steel: Includes center caps and full size spare.; (9) Unique HD Cloth Front Bucket Seats whiny/ Rear: Includes driver 6 -way power track (fore/aft upldown, tilt with manual recline, 2 -way manual lumbar, passenger 2 -way manual track (fiorelaRwith manual redine) and built in steel intrusion plates in both front seatbacks.; (STDRD) Radio: MyFord AWNCD/MP3 Capable: 422 Calrlomia Emissions System OPT Required code for California Enwswons States - California, Connecticut, Delaware, Massachusetts, Maryland, Maine, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Washington registration unless codes 936 or 423 are applicable. Optional for Cross Border state dealers - Arizona, District of Columbia, Irlahn Naw Hamnchin? Navarta Chin Viminia and Wacf Virninia 99R Engine: 3.7L V6 Ti -VCT OPT 44C Transmission: &Speed Automatic INC Report content is based on current data version referenced. Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. PC Carbook®, Data Version: 5.0, Data updated 07/17/2014 07:13:22 PM ©Copyright 1986-2012 Chrome Data Solutions, LP. All rights reserved. October 12, 2016 Page 1 Prepared By: Administrator Your Dealership Name Here 2017 Ford Udlity Police Interceptor 76D Dellector Plate OPT Report content is based on current data version referenced. Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. PC Carbook®, Data Version: 5.0, Data updated 07/17/2014 07:13:22 PM OCopynght 1966-2012 Chrome Data Solutions, LP. All rights reserved. October 12, 2016 Page 2 OPTIONS Code Description Class STDAX 3.65 Axle Ratio INC STDGV GVWR.6,300lbs INC STDTR Tires: P24&55R18 AS BSW INC STDWL Wheels: 18"x 8"5 -Spoke Painted Black Steel INC Indudes center caps and full size spare. 9 Unique HD Cloth Front Bucket Seats wMnyl Rear INC Includes driver 6 -way power track (forelaRup/down, tilt with manual reline, 2 -way manual lumbar, passenger 2 -way manual track (forelaft with manual redine) and built-in steel intrusion plates in both front seatbaclks. 113WB 113" Wheelbase STD PAINT Monotone Paint Application STD STDRD Radio. MyFord AM/FMFCD/MP3 Capable INC Includes dock, 6 speakers and 4.2" color LCD screen center -stack Smart Display. 86P Front Headlamp/Police Interceptor Housing Only OPT Includes pre -drilled hole for side marker police use, does not include LED installed lights (eliminates need to drill housing assemblies) and pre -molded side warning LED holes with standard sealed capability (does not include LED installed lights). 86T Tail Lamphloilce Interceptor Housing Only OPT Pra-existing holes mM standard twist look sealed capability (does not include LED installed lights) (eliminates need to dnil housing assemblies). 43D Dark Car Feature OPT Courtesy lamps disabled when any door is opened. 17T ReWMite Dome Lamp in Cargo Area OPT 51S Dual (Dr"r 8 Passenget) LED Spot Lamps (Unity) OPT 76D Dellector Plate OPT Report content is based on current data version referenced. Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. PC Carbook®, Data Version: 5.0, Data updated 07/17/2014 07:13:22 PM OCopynght 1966-2012 Chrome Data Solutions, LP. All rights reserved. October 12, 2016 Page 2 Prepared By: Administrator Your Dealership Name Here 2017 Ford Utility Police Interceptor Code Description Class 87R Rear View Camera OPT Electrochromic Rear View Miner: Video is displayed in rear view mirror. We: This option would replace the camera that comes standard in the 4" center stack area. Camera can only be displayed in the 4" center stack (standard) OR the rear view mirror (87R). 68G Rear -Door Handles Inoperabihkoc ks Inoperable OPT 18W Mndows - Rear-Wndbw Power Delete OPT Operable from front driver side switches. 59B Keyed Alike -1284x OPT 76R Reverse Sensing OPT 17A Aux Air Conditioning OPT 60R Noise Suppression Bonds (Ground Straps) OPT PNTTBL Paint Table: Primary OPT 9W Charcoal Black OPT G1 Shadow Black OPT OPTIONS TOTAL Report content is based on current data version referenced. Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. PC CarbookO, Data Version: 5.0, Data updated 07/17!2014 07:13:22 PM ©Copyright 1986-2012 Chrome Data Solutions, LP. All rights reserved. October 12, 2016 Page 3 Prepared By: Administrator Your Dealership Name Here 2017 Ford Utility Police Interceptor WZA«i` r__QUIPMIENT • 300hp 3.7L DOHC 24 valve V-6 engine with variable valve control, SMPI • Recommended fuel: regular unleaded Emissions Type: ULEV 11 6 speed automatic transmission with ovefdrive Alkvheel drive • Fuel Economy City.• 16mpg • Fuel Economy Highway:2lnWg • Fuel Tank Capacity. 18.6gal. Front independent strut suspension with anti -roll bar, gas -pressurized shocks Rear independent mulb4ink suspension with anti -roll bar, gas -pressurized shocks ' Electric power -assist rack -pinion steering Front and rear 18"x 8" black steel wheels with hub covers P24W5WR18.0 BSW AS front and rear tires Body KxtWior • 4 doors Dnverand passenger power remote door minors Black doorminvrs Rear lip spoiler Body -colored bumpers Report content is based on current data version referenced. Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. PC CarbookO, Data Version: 5.0, Data updated 07l17f2014 07:13:22 PM ®Copyright 1966-2012 Chrome Data Solutions, LP. All rights reserved. October 12, 2016 Page 4 Prepared By: Administrator Your Dealership Name Here 2017 Ford Utility Police Intemeptor Body IkUdor (CondnmW) • 1 skid plate • Clearoost paint Conwnle • Manual air conditioning with air filter Rear HVAC Auxiliary rear heater Cruise control with steering wheel controls Power windows Driver and passenger ?-touch down Driver and passenger 1 -touch up Power door locks Manual tilt steering wheel • Day -night rearview mirror with auto -dimming ' Power adjustable pedals 2 fist row LCD monitors Dual visor vanity mirrors • Driver and passenger door bins Seati Slld Trgn • Seating capacity of 5 • Front bucket seats Report content is based on current data version referenced. Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. PC Carbook®, Data Version: 5.0, Data updated 07/17/2014 07:13:22 PM ©Copyright 1986-2012 Chrome Data Solutions, LP. All rights reserved. October 12, 2016 Page 5 Prepared By: Administrator Your Dealership Name Here 2017 Ford Utility Police Interceptor Setatts MW Tran (Continued) 8 -way (6 -way power) driver seat adjustment Manual driver lumbar support Power height adjustable driver seat ' 4 -way passenger seat adjustment ' 60.40 folding rear split -bench seat Cloth seat upholstery • Metal-bok instrument panel insert Peeht AM/FM stereo radio • Single CD player • MP3 decoder • Steering wheel mounted radio controls 6 speakers Integrated roof antenna UghtnSs VlsMft and • LED low beam aero -composite headlights • Variable intermittent front windshield wipers Speed sensitive wipers • Fixed interval rear windshield wiper Rear window defroster Report content is based on current data version referenced. Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. PC CarbookO, Data Version: 5.0, Data updated 07/17/2014 07:13:22 PM ®Copyright 1966-2012 Chrome Data Solutions, LP. All rights reserved. October 12, 2016 Page 6 Prepared By: Administrator Your Dealership Name Here 2017 Ford Utility Police Intemeptor Brake assist ' 4 -wheel disc brakes AdvanceTrac w/Roll Stability Control electronic stability ABS and driveline traction control Dual front impact airbag supplemental restraint system • Dual seat mounted side impact airbag supplemental restraint system • Safety Canopy System curtain 1st and 2nd row overhead airbag supplemental restraint system • Airbag supplemental restraint system occupancy sensor • Power door locks Report content is based on current data version referenced. Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. PC Carbook®, Data Version: 5.0, Data updated 07/17/2014 07:13:22 PM ©Copyright 1986-2012 Chrome Data Solutions, LP. All rights reserved. October 12, 2016 Page 7 Prepared By: Administrator Your Dealership Name Here 2017 Ford Utility Police Interceptor SaftW and Setwrft (Conllnaed) • Manually adjustable front head restraints Specs and Wnwnslom Engine displacement.• 3.7L • Engine horsepower. 300hp Q 6,250RPM Engine torque: 280Yb.-ft @ 4,500RPM Bore x stroke: 3.76"x 3.41" • Compression rata: 10.80.1 ' Gear ratios (1st): 4.48 ' Gear ratios (2nd): 2.87 Gear ratios (3rd): 1.84 Gear ratios (4th): 1.41 Gear ratios (5th): 1.00 Gear ratios (6th): 0.74 Gear ratios (reverse): 2.88 Curb weight: 4,639/bs. GVWR: 6,300lbs. • Towing capacity., 2,000lbs. Exterior length: 197.1 " • Exterior body width: 78.9" ' Exterior height 69.2" Report content is based on current data version referenced. Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. PC Carbook®, Data Version: 5.0, Data updated 07/17/2014 07:13:22 PM ©Copyright 1986-2012 Chrome Data Solutions, LP. All rights reserved. October 12, 2016 Page 8 Prepared By: Administrator Your Dealership Name Here 2017 Ford Utility Police Interceptor Specs and D mmolons (Ca dMued) • Wheelbase: 112.6" • Front track.- 67.0" • Rear track 67.0" • Tuming radius: 19.4' • Min ground clearance: 6.5" • Max ground clearance: 8.5" • Front legroom: 40.6" • Rear legroom: 41.6" Front headroom: 41.4" • Rear headroom: 40.1 " ' Front hiproom: 57.3" Rear hiproom. 56.8" Front shoulder room. 61.3" • Rear shoulder room. 60.9" ' Passenger volume: 118.4cu.ft. ' Approach angle: 19.7 deg ' Departure angle: 21.7 deg Interior cargo volume: 48.1cu.If • Interior cargo volume seats folded: 85.1cu.ft. Report content is based on current data version referenced. Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. PC Carbook®, Data Version: 5.0, Data updated 07/17/2014 07:13:22 PM ©Copyright 1966-2012 Chrome Data Solutions. LP. Ail rights reserved. October 12, 2016 Page 9 Prepared By: Administrator Your Dealership Name Here 2017 Ford Utility Police Interceptor Specs and Dknensions (Contlnwd) Intedormaximum cargo volume: 85.lcu.R Report content is based on current data version referenced. Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. PC Carbook®, Data Version: 5.0, Data updated 07/17/2014 07:13:22 PM ©Copyright 1966-2012 Chrome Data Solutions, LP. All rights reserved. October 12, 2016 Page 10 BLACK &]= E MERGENCY VEHICLES 1611 W. San Bernardino Rd. Unit A Covina, CA 91722 I Name / Address I City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Quote Date Estimate # 3/27/2017 978 Ship To City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 1611 W. San Bernardino Rd. Unit E Covina, CA 91722 Office (626) 966-2576 Fax (626) 966-2569 JP@BLACKANDWHITEEV.CO%*".BLACKANDWHITEEV.COM Customer Terms K-9 Ford Utility Net 30 Item Description Qty Rate Total 21TRPIA7MC Code 3 47" Multi -Color Lightbar 1 1,755.00 1,755.00T Z3 Deluxe Remote Siren, 20OW Output w/Programmable Push Buttons 1 680.00 680.00T and Slide Switches C3100FX2 100W Speaker W/2011-2012 Explorer Bracket 1 155.00 155.00T 5342-21,91 Go Rhino 2 -Light Ready Push Bumper Code 3 MR6, 2016 Ford 1 295.00 295.00T Utility W6BR Wildcat Hide -a -Blast W600 Vertical Flange Mount, 9ft Blue/Red 2 65.00 130.00T ULTMC-RB Code 3 Directional LED Multi -Color Red/Blue 2 65.00 130.00T HDLGTBKT-PN MR6 Light Bracket 2015 Ford Utility 1 19.15 19.15T MR6-BW MR6 LED Lightheads Blue/White 3 70.00 210.00T MR6-RW MR6 LED Lightheads Red/White 3 70.00 210.00T CP-GUNBOX-MS Troy Gun Box for Ford Utility 1 900.00 900.00T CC -UV -L-18 Troy 18" Ford Utility Console 1 333.45 333.45T AC-ARMMNT58-... Low Profile Arm Rest, Pedestal insert, 5x8 Foam Arm Rest. (3 Parts) 1 110.50 110.50T AC-INTBHG Troy 4" Internal Dual beverage Holder W/ Rubber Fingers 1 44.50 44.50T CP -UV -CARGO-... Ford UV Tilt Up Cargo Mount 1 292.50 292.50T AC -UV -TRAY -H Troy Equipment Tray for Hinged Platform 1 185.25 185.25T HDW-25-GSSE80 Heavy Duty Shocks 2 16.50 33.00T C-DMM-123 Dash Monitor Mount Base For 2013-2014 Ford Interceptor Utility 1 214.15 214.15T C-KBM-101 Havis Keyboard Mounting Plate For TG3 1 70.65 70.65T C -MD -202 Tilt Swivel Motion Device 1 55.30 55.30T C -TCB -7 Universal Telescoping Computer Base, 7" -14" Side Mount 1 112.65 112.65T SC -1 Gunlock Small For Pump Shotgun 2 80.45 160.90T SC-5XL SC -5 Universal Gunlock Large # 2 1 110.88 110.88T CUSTGUNRCK Custom Gun Rack 3 85.00 255.00T SC -7009-A 7-40 Second Adjustable Gunlock Timer 1 33.80 33.80T 436486 Larsen 17" RG58/U Dual Shield High Frequency Antenna Coax 2 14.95 29.90T RFU600-1 Mini -UHF Connector RG58 2 2.25 4.50T Quotes are subject to change and are Valid for 30 Days Subtotal Sales Tax (9.0%) Total Signature 1611 W. San Bernardino Rd. Unit E Covina, CA 91722 Office (626) 966-2576 Fax (626) 966-2569 JP@BLACKANDWHITEEV.CO%*".BLACKANDWHITEEV.COM Ir BLACK : WHITE 1611 W. San Bernardino Rd. Unit A Covina, CA 91722 I Name / Address I City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Quote Date Estimate # 3/27/2017 978 Ship To City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 1611 W. San Bernardino Rd. Unit E Covina, CA 91722 Office (626) 966-2576 Fax (626) 966-2569 JP@BLACKANDWHITEEV.CO%,V".BLACKANDWHITEEV.COM Customer Terms K-9 Ford Utility Net 30 Item Description Qty Rate Total QW152 Lard 1/4 Wave Antenna, 152-162Mhz 1 7.50 7.50T QW450 Lard 1/4 Wave Antenna, 450-47OMhz 1 7.50 7.50T WIRE&TERMIN... Wire, Terminals, Tie -Wraps, & Hardware 1 65.00 65.00T FULL,BUILD Installation of all Emergency Equipment and K9 Kennel and 1 2,150.00 2,150.00 heat/door pop system into Police Vehicle a 2017 Ford Utility Ch27.1.20/L3 27 Circuits W/ Modular Smart Start Timer and L3 bracket for Ford 1 598.00 598.00T Utility with 20ft long Output Wires. EZPF INTERC.S... E/Z Rider K9 Platform Unit for Ford Utility, 1 2,345.00 2,345.00T Includes Window Guards and Door Panels F3 Ray Allen F3 Heat Alarm Kit 1 1,350.00 1,350.00T FANCOOLGUARD 10" K-9 Fan 1 105.00 105.00T CELSPKG6 Citadel Multi Color for Ford Utility Drivers Side Red/Amber 1 1,146.48 1,146.48T Passenger Side Blue/Amber Quotes are subject to change and are Valid for 30 Days Subtotal $14,305.56 Sales Tax (9.0%) $1,094•00 Signature Total $15,399.56 1611 W. San Bernardino Rd. Unit E Covina, CA 91722 Office (626) 966-2576 Fax (626) 966-2569 JP@BLACKANDWHITEEV.CO%,V".BLACKANDWHITEEV.COM ITEM NO. (o TO: Honorable Mayor and City Council members FROM: Sam Gutierrez, Interim Director of Public Works K24 DATE: May 3, 2017 SUBJECT: APPROVAL OF PROFESSIONAL SERVICES CONTRACT WITH EVAN BROOKS AND ASSOCIATES FOR PLANNING, FEASIBILITY STUDY AND PROJECT MANAGEMENT SERVICES FOR THE COMMUTER CONNECTOR EXPRESS LINE PROJECT SUMMARY This report seeks City Council consideration for the approval of a Consultant Professional Services Agreement with Evan Brooks and Associates, Inc. for the planning, study of feasibility, route analysis, and project management of the Baldwin Park Commuter Connector Express Line Project. FISCAL IMPACT The approval of this action will have no impact on the City's General Fund. This project is funded through Metro's Net Toll Revenue and Reinvestment Grant Program. The funds available for the project and the estimated cost for services is as follows: RECOMMENDATION Staff recommends that the City Council: l.) Authorize the Mayor to sign a professional services agreement with Evan Brooks Associates (EBA) for services related to the planning, feasibility analysis, route analysis, and project management of the implementation of the Baldwin Park Commuter Connector Express Line in the amount not -to exceed $40,000; and, 2.) Authorize the Finance Director to appropriate $40,000 from Fund 270 (Grants Fund) for the Professional Services Agreement. BACKGROUND The Commuter Connector Express Line Project was awarded funding via the 2013 Los Angeles County Metropolitan Transportation Authority (Metro) Express Lanes Net Toll Revenue Reinvestment grant program. This Project seeks to provide a direct expansion to the City's existing circulator shuttle. The objective is to shuttle business and medical commuters quickly from the City's Transit Center and Metrolink Station to the City's major employment centers including the regionally recognized Kaiser Permanente Hospital and Medical Center, south of the 1-10 Freeway. DISCUSSION Staff considered multiple options in determining the best path for the City moving forward. These options weighed the benefits and costs of each, to include cost of implementation, ease of implementation, and ability to perform the related tasks. During the selection process for a consultant to manage the project's full scope of work, staff considered that Evan Brooks Associates (EBA) had developed the original funding plan, grant application and essentially secured the grant funds for the project on behalf of the City. Also, EBA has successfully worked on various other grants and projects for the City and has demonstrated that it possesses a body of knowledge and experience that is necessary when adhering to Metro's grant implementation guidelines and deadlines. As such, it is stars recommendation that EBA complete the project on the City's behalf. EBA is a qualified consultant firm and can provide the required services to implement the project in an effective and efficient manner, both from a cost standpoint and a timeline standpoint. ALTERNATIVES 1) Council may choose not to enter into a Professional Services Agreement with EBA and direct staff to circulate a Request for Proposal (RFP) for services. This option will delay the project and may cause the grant to lapse requiring the City to seek an extension by MTA. 2) Perform planning, analysis, route development, and project management in-house. Staff may be tasked to perform the services in-house, however staff currently does not have the specific experience required to complete the analysis and route development for this project. Further, given staffing levels and project needs, there would not be time to complete the project in the period of performance for the Metro grant. LEGAL REVIEW None Required. ATTACHMENTS 1. Agreement — EBA, Inc. Evan Brooks and Associates Consultant Services Agreement Page 1 of 7 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 3rd day of May, 2017 by and between the City of Baldwin Park, ("City"), and Evan Brooks and Associates ("Consultant"). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as Exhibit "A." Duration of Scope of Services may be extended on a month-to-month basis, but shall not exceed the total compensation. 2. COMPENSATION. City shall pay for the services performed by Consultant pursuant to the terms of this Agreement at the time and manner set forth in the "Schedule of Compensation" attached to and incorporated into this Agreement as Exhibit "B." 3. TIME FOR PERFORMANCE. Consultant shall perform the services above described in a timely manner in accordance with the professional standard practices. 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. . 5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6. ASSIGNMENT. This Agreement is for the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Consultant may assign payments due under this Agreement to a financial institution. 7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. 8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. Consultant shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform to Evan Brooks and Associates Consultant Services Agreement Page 2 of 7 such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. 9. LIABILITY. Consultant shall indemnify, and hold harmless City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant, it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees. 10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury — $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits — $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and Worker's Compensation); (2) The coverage provided shall be primary (with the exception of Professional Liability and Worker's Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self-insurance maintained by City or its officials, officers, Evan Brooks and Associates Consultant Services Agreement Page 3 of 7 agents or employees shall be in excess of Consultants' insurance and not contributed with it. (3) The insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective. (F) With respect to Workers' Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for City, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. 11. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. City's ownership of documents includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by Consultant in performance of this Agreement. Such work product shall be transmitted to City within ten (10) days after a written request therefore. Consultant may retain copies of such products. Any re -use by City shall be at the sole risk of City and without liability to Consultant. 12. RECORDS AND INSPECTIONS. Consultant shall maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Consultant shall maintain an up-to-date list of key personnel and telephone numbers for emergency contact after normal business hours. 13. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service. 14. CONFLICT OF INTEREST. Consultant agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 15. POLITICAL ACTIVITY/LOBBYING CERTIFICATION. Consultant may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement. 16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice. 17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph "16" of this Agreement, City shall be liable to Consultant only for work performed by Consultant up to Evan Brooks and Associates Consultant Services Agreement Page 4 of 7 and including the date of termination of this Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to City's receipt of a close-out billing. 18. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid and/or incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. 19. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition. 20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and Consultant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. 21. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 22. DESIGNATED REPRESENTATIVES. The Consultant Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City's behalf as Project Manager. (A) Evan Brooks and Associates Hal Suetsugu, President 1030 Arroyo Parkway Pasadena, CA 91105 (626)799-8011 (B) City of Baldwin Park Att.: Sam Gutierrez 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 ex. 460 23 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "21" of this Agreement. Evan Brooks and Associates Consultant Services Agreement Page 5 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. CITY OF BALDWIN PARK By: Manuel Lozano, Mayor Dated: CONSULTANT: Evan Brooks and Associates By: Hal Suetsugu, President Dated: EXHIBIT A SCOPE OF SERVICES I03OArroyo Pkwy, Suite 106 Pasadena, C4911O5 Contact: Hal Suetsop hal@ebaplanning.corn 626--799-8011 888.-421-8798 City of Baldwin Park Service Proposal Paae 2 of 6 March 29, 20: SERVICE PROPOSAL To: Mr. Sam Gutierrez, P.E., Interim Public Works Director City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 From: Hal Suetsugu, President — Managing Partner Evan Brooks Associates Proposal: Bus Planning and Project Coordination Services for the Commuter Connector Express Line Project Dear Mr. Gutierrez: Strategic Planning Consultants Evan Brooks Associates, Inc. (EBA) is pleased to provide this service proposal to manage the City's Metro -funded Commuter Connector Express Line. EBA's management team has successfully overseen similar transportation planning projects for the City, including the Transit Center Parking Structure, the Compressed Natural Gas (CNG) fueling station at the corner of Ramona Blvd and Badillo Street, provided funds management for several grant -funded projects, and secured several grant proposals which have resulted in more than $16 million in grant funds for the City. PROJECT UNDERSTANDING The Commuter Connector Express Line Project (Project) was awarded funding via the 2013 Los Angeles County Metropolitan Transportation Authority (Metro) ExpressLanes Net Toll Revenue Reinvestment grant program. The Project is an expansion of the City's circulator shuttle. Its objective to shuttle business and medical commuters quickly from the City's Transit Center and Metrolink Station (located in Downtown Baldwin Park) to the City's main business centers south of the 1-10 Freeway. The City is currently seeking a consultant to manage the initial planning and coordination scope of work in a timely, efficient, and cost-effective manner, while adhering to Metro's grant implementation guidelines. SCOPE OF WORK EBA will complete all tasks and deliverables as stated in the grant application. EBA will conduct the following tasks. Kick-off and Progress Meeting: EBA will begin the process with a kick-off meeting to discuss scope of work (including identifying any changes to the two proposed routes), collect information relative to the project, and finalize a baseline schedule of delivery to include key, critical milestones. For the duration of the project, progress meetings to report status and discuss next steps will be held via teleconference with the City on a bi-weekly basis. This task www.ebaplanning.com City of Baldwin Park Service Proposal Page 3 of 6 will be applied to each of the three working components (Pre-Planning/Feasibility Study, Project and Grants Management and Community Outreach) to ensure effective communications and project update status throughout the project timeline. • Route Design Review/Study/Recommendations: EBA planning staff will thoroughly review the project's two proposed routes, as identified within the funded grant application. Currently, Route 1 has five destination stops: the Baldwin Park Metrolink Station, Morgan Park adjacent to Foothill Transit Stop, Baldwin Park Medical Center — Kaiser Permanente, Virginia Avenue, and Puente Avenue and Merced Avenue; while Route 2 has four destination stops: Baldwin Park Medical Center - Kaiser Permanente, Francisquito and Vineland, Puente Avenue and Merced Avenue, and Maine Avenue and Clark Street. EBA will review feasibility of routes to assess potential conflicts with other motorists, bicyclists and pedestrians; and utilize existing local data to determine anticipated route usage. Findings and any recommendations in terms of route alterations/modifications from EBA planning staff will be provided to the City. The City will ultimately have authority and approve final routes and destination stops. • Operations and Timetable Schedule: EBA will develop an operations and time table schedule, clearing denoting expected times each trolley bus will arrive and depart from each stop. This will assist the City in knowing where the buses are at all times and allow passengers to plan their commute. • Bus Stop/Lighting Location Planning: Utilizing results from the above tasks, EBA will review and determine appropriate lighting placement at each stop. It is anticipated each stop will include solar lighting, benches and sign posts. Therefore, EBA will review bus stop planning/design best practices and current City standards to determine the overall layout of each bus stop. The City will have an opportunity to approve the final lighting placement and bus stop layout design for incorporation into the engineering design. • Community Outreach: As an added component, EBA will assist with community outreach in each of the three components to notify residents and businesses of the new routes to the City's circulator shuttles to include: • Outreach materials (e.g. flyer/brochure with transit schedule timetable) to distribute to local residents; service organizations, faith -based organizations, businesses, hospitals, neighborhood leaders, associations (such as the Chamber/Downtown Association), other interest groups, and stakeholders along and near the route; • Media relations to include creation and distribution of one press release to local news and media outlets regarding the new routes; and • Participation in a designated "Pop-up" booth at a regularly -scheduled community meeting or community event or hosting a community/ribbon cutting event for opening day. • Bus Purchase Coordination: EBA will oversee the specifications and purchase processing/ agreement and timely delivery of CNG -fueled bus (determination of unit amount and type based on funding). www.ebaplanning.com City of Baldwin Park Service Proposal Page 4 of 6 Quarterly Reporting: Per Metro guidelines, quarterly report/expenditure reports are required for all grant -funded projects. To this end, EBA will serve as the intermediary between the City and Metro (funding agency). Therefore, EBA will prepare and submit all quarterly reports to comply with Metro grant guidelines. Reports will include all activities related to the project and list costs incurred, including supporting documentation with a clear explanation of the purpose and relevance of each expense to the project. Reports will also include an updated project schedule and any other required information. EBA will also work with Metro to discuss any issues, such as project delays and responding to Metro's questions regarding any discrepancies in the quarterly reports. Please note: This planning services proposal does not include bus operations coordination and support and bus stop design -engineering and construction. COMPENSATION Compensation for professional planning services contained in this proposal will consist of the following: Contingency (not included) - Budget Total Cost $ 40,000.00 www.ebaplanning. coni City of Baldwin Park Service Proposal Page 5 of 6 ADDITIONAL SERVICES EBA will provide any service not included in the scope of work contained in this proposal as an additional service. EBA will provide additional services upon receipt of an executed scope and budget amendment. Compensation of additional services will be in a not -to -exceed budget amount based on the following billing rates: EBA 2017 Billing Rates E6 1 Staft Project Principal nourly $200 Project Manager $180 Project Planner/Engineer $170 Environmental Specialist $140 Associate Planner/Engineer $120 Research/Funds Analyst $90 Graphics Designer $85 Administrative Support $70 Thank you for allowing EBA the opportunity to submit this service proposal. Should you have any questions, please contact me at your convenience. Evan Brooks Associates appreciates the City's business. Best Regards, H isesident-Managing Partner Evan Bro s Associates T: (626) 799-8011 ext. 0 hal@ebaplanning.com www.ebaplanning.com City of Baldwin Park Service Proposal Page 6 of 6 NOTICE TO PROCEED APPROVAL Project: Planning and Project Management for the Commuter Connector Express Line Project Approval: Mr. Sam Gutierrez, P.E., Date Interim Public Works Director City of Baldwin Park www.ebaplanning.com STAFF IR JAW!u ; TO: FROM: Item No. -7 Honorable Mayor and City Council members Sam Gutierrez, Interim Director of Public 1 DATE: May 3, 2017 SUBJECT: ACCEPT PLANS AND SPECIFICATIONS, AND AUTHORIZE PUBLISHING A NOTICE INVITING BIDS FOR CITY PROJECT NO. 2017-0189 — BUS STOP IMPROVEMENTS PROJECT — PHASE 1 SUMMARY This item will authorize the publishing of Notice Inviting Bids for City Project No. 2017-0189 — Bus Stop. Improvements Project. This project is listed in the current Fiscal Year 2016/2017 Capital Improvement Program (CIP #18). The project will bring improvements to 21 bus stop locations within the Baldwin Park Downtown area including a new shelter design with solar -powered lighting and new trash cans. The project will also include concrete work for ADA improvements as part of (CIP #19). FISCAL IMPACT There are no fiscal impacts at this time. Upon review of bids, staff will recommend a construction contract award. At that time, staff will also provide a construction cost estimate with a breakdown by improvements to be constructed. The following table lists the funds available for CIP # 18 & 19 projects in the current fiscal year CIP : The engineer's preliminary construction estimate is $364,500, which is within the construction budget shown above. RECOMMENDATION It is recommended that the City Council approve the plans and specifications for the Bus Stop Improvement Project (City Project No. 2017-0189) and authorize staff to advertise the Invitation to Bid. Bus Stop Improvement Project Page 2 BACKGROUND At the October 15, 2017 council directed staff to prepare a report to replace or upgrade the bus shelters and replace the existing trash receptacles and provide a general overview of the condition of the city bus stop amenities. On February 2, 2016 the Public Works Director executed a Reqest for Services (RFS — Task Order) to prepare the report including a preparation of a design package for construction. On September 21, 2016 the Council was presented with the findings of the report and various options for shelters and trans receptacles were presented. Also on September 21, 2017, at the Regular meeting the City Council approved the City's Capital Improvement Program which included an appropriation for the constriction of the bus stop improvements comprised of Prop C funds and funds from Foothill Transit's Bus Stop Enhancement Grant Program. DISCUSSION There are approximately 90 bus stops within the City's jurisdiction that are utilized by Foothill Transit, LA Metro and the City owned Teal and Pumpkin Transit Lines. Among these stops there are 58 extisting bus shelters and approximately one-third of the shelters serve the City's Downtown area. This project represents the first phase of improvements that will consists of fabricating and installing 21 new bus shelters, including the installation of transcans within the City's Downtown area. Proposed improvements include removing and replacing concrete sidewalk, upgrading and constructing new ADA access ramps, installing new solar lighting and all appurtenant work per the plans and specifications. LEGAL REVIEW None Required. ATTACHMENTS 1. Notice Inviting Bids Attachment 1 CITY OF BALDWIN PARK Public Works Department � ppLD O HUB OF T HwE SAN AB,R I E L Zoo V ALLEY �Ah ��TED JANO NOTICE INVITING BIDS INSTRUCTIONS TO BIDDERS AND BID DOCUMENTS CONTRACT DOCUMENTS AND SPECIFICATIONS FOR BID NO. 2017-0189 CITY PROJECT NO. 2017-0189 BUS STOP IMPROVEMENTS PROJECT BID OPENING: JUNE 7t', 2017 NOTICE INVITING SEALED BIDS City Project No. 2015-0102 - Major Street Rehabilitation, Various Locations Citywide PUBLIC NOTICE IS HEREBY GIVEN that the City of Baldwin Park invites sealed bids for the above - stated project, and will receive such bids in the offices of the City Clerk, 14403 Pacific Avenue, Baldwin Park, California 91706, until 10:00am, Wednesday, June 71', 2017 at which time the proposals will be publicly opened and read. Bidders and/or authorized agents are invited to be present. All information submitted with the bid is public information and may be subject to disclosure. Project Description - The general nature of work consists of furnishing all labor, material, equipment, services, and incidentals required for fabrication and installation of the bus stop improvements. The work includes fabrication and installation of new bus shelters including solar lighting fixtures, installation of trash receptacles. Concrete improvements include removal and replacement of damaged sidewalks, and ADA access ramps and all appurtenant work. The bid items, corresponding estimated quantities, and the time allowed to complete the work are listed in the Proposal. The descriptions of bid items are defined in the Technical Provisions. Pre -Bid Meeting - None Required. Bid Proposals - Bids shall be sealed and plainly marked "Bid No. 2015-0189 - Bus Stop Improvements Project." Bids must be prepared using the Contractor's Bid Proposal forms and all the other forms identified in the Instructions to Bidders. The forms required to complete a bid package are found in Section "C" of these Contract Documents. No bids will be accepted if not submitted using the approved forms. The Information to Bidders provides prospective bidders a summary of requirements for acceptance of bids, guidelines the City uses in awarding contracts, rules to ensure fairness in contractor procurement and guidelines to aid in interpretation of documents. The Construction Contract / Agreement define the Contract Documents which serve to control construction, work performed, and materials furnished, and includes the Specifications and Plans. Plans, Specifications, Documents - Specifications and proposal forms may be obtained at the Engineering Division office located at 14403 East Pacific Avenue, Baldwin Park, CA 91706, (626) 960-4011 on and after May 11', 2017 Monday thru Thursday between the hours of 7:30 A.M. and 6:00 P.M. A $35.00 per set, non-refundable fee is required for these specifications and proposal forms. An additional $10.00 is added to the fee, if mailed. Alternatively, electronic versions of the specifications and proposal forms can be obtained at ciplist.com at no cost. Bid Security - Each bid must be accompanied by cash, certified check, cashier's check, or bidder's bond made payable to the City of Baldwin Park or issued by a surety admitted to do business in California, for an amount equal to at least ten percent (10%) of the amount bid. Such guaranty to be forfeited to the City of Baldwin Park should the bidder to whom the contract is awarded fail to enter into the contract. The City of Baldwin Park reserves the right to reject any and all bids and to waive any minor irregularities in the bid documents. Bidders may not withdraw their bid for a period of sixty (60) days after the opening date. City Business License, Contractors License and Permit — Prior to contract execution, the contractor and his/her subcontractors shall obtain a City of Baldwin Park business license. In accordance with provisions of Section 3300 of the California Public Contract Code, the City has determined that the Contractor shall possess a valid Class A California Contractor's License or other appropriate license classification under the State Contracting Code at the time the contract is bid. Failure to possess such license may render the bid non responsive. The successful bidder will be required to obtain a City encroachment permit to work in public right-of-way, issued at no fee for the project. Prevailing Wages — In accordance with the provisions of Sections 1770 et seq., of the Labor Code, the Director of the Industrial Relations of the State of California has determined the general prevailing rate of wages applicable to the work to be done. The Contractor will be required to pay to all persons employed on the project by the Contractor sums not less than the sums set forth in the documents entitled "General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1." These documents can be reviewed in the office of the City Clerk or may be obtained from the State. Contractor's Registration — In accordance with Labor Code Section 1771 .1, a contractor or subcontractor shall not be qualified to (a) bid on or be listed in a bid proposal on or after March 1, 2015, or (b) engage in the performance of this Work after April 1, 2015, unless currently registered with the Department of Industrial Relations and qualified to perform the Work pursuant to labor Code Section 1725.5. Compliance Monitoring and Enforcement — Contractor's performance of the Work described in this Notice Inviting Bids is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. Equivalent Securities — Pursuant to California Public Contract Code Section 22300, substitution of eligible and equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder, unless otherwise prohibited by law. Advertising Dates: SAN GABRIEL VALLEY EXAMINER: Wednesday, May 11th, 2017 Wednesday, May 181h, 2017 ITEM NO. 13 STAFF REPORT C gpL>,,,,, TO: Honorable Mayor and Members of the City Council HUB FROM: Shannon Yauchzee, Chief Executive Officer -THE a i SAN G/ RIEL Robert Tafoya, City Attorney VALLEY"� DATE: May 3 2017 Amp JAN%) °✓ Y SUBJECT: APPROVE A RESOLUTION TO HIRE A RETIRED CALPERS ANNUITANT SUMMARY CaIPERS requires a Resolution to hire a retired PERS annuitant. Therefore the City Council must approve the Resolution to authorize the appointment of a qualified individual to the position of Interim Police Chief during the period of recruitment of the permanent full time position. FISCAL. IMPACT Funding for this appointment will be paid from the salary cost savings associated with the currently vacant Police Chief position. This will result in a savings to the General Fund as this appointment will receive no benefits other than an hourly salary within the current range for the position. RECOMMENDATION Staff recommends that Council approve Resolution No. 2017-187 entitled "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Appointment of an Interim Police Chief' and authorize the Chief Executive Officer to execute any Personnel Action forms related to the appointment. BACKGROUND The relatively new California Public Employees Retirement System (Ca1PERS) law requires the authorization of the governing body to hire a Ca1PERS annuitant (i.e., retiree). This type of appointment is permitted as long as an agency is actively recruiting to fill the full-time position and the governing body deems that the position requires someone with specialized skills to fulfill the needs during the interim appointment. In order to be compliant with Ca1PERS state law, it is necessary for the governing body to adopt a resolution authorizing the appointment. With the approval of Resolution No. 2017-187, the City Council can appoint an Interim Police Chief with a contingency that the individual may only work a total of 960 hours per fiscal year or less and specifying that no benefits will be provided. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES Council may choose to not approve the Resolution and appoint an in house interim chief, approve the Resolution for another PERS annuitant or give additional direction to staff. ATTACHMENTS #1 - Resolution No. 2017-187 #2 - Ca1PERS Retired Annuitant Letter Attachment # 1 RESOLUTION NO. 2017-187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE APPOINTMENT OF AN INTERIM POLICE CHIEF WHEREAS, Section 21221(h) of the California Public Employees' Retirement Law authorizes the City Council to approve an interim appointment to a vacant position when a recruitment is underway to fill a "permanent appointment" and specialized skills are required; and WHEREAS, the City of Baldwin Park is recruiting to fill the vacant Police Chief position and an appointment is necessary in order for the City to effectively and efficiently assist with law enforcement and public safety functions, duties, and obligations of the police department; and WHEREAS, the selected Interim Police Chief will have the necessary specialized expertise, prior law enforcement and public safety experience, and prior experience as a former Police Chief with a municipality. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Appoints a qualified individual, Michael Taylor, to the position of Interim Police Chief for the City of Baldwin Park beginning May 3, 2017, working for a period of six months not to exceed 960 hours in any fiscal year, and without payment or provision of any benefits associated with employment by the City of Baldwin Park other than an hourly salary within the current range of $92.68 an hour. SECTION 2. That the City Clerk shall certify to the approval and adoption of this Resolution and shall cause this Resolution to become in full effect immediately upon passage. PASSED, APPROVED, AND ADOPTED this 31d day of May, 2017. Mayor Manuel Lozano 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. 2017-187 was duly approved and adopted at a special meeting of the City Council on May 3, 2017, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Alejandra Avila, City Clerk Attachment #2 CaIPERS Retired Annuitant Letter May 3, 2017 To: Michael Taylor From: Shannon Yauchzee, CEO RE: TEMPORARY RETIRED ANNUITANT - INTERIM POLICECHIEF FOR CITY OF BALDWIN PARK This letter serves as a side agreement between the City of Baldwin Park (City) and yourself to provide the City the temporary services of Interim Police Chief, to commence on May 3, 2017 and shall terminate on or before November 3, 2017 (six months), depending on organizational needs. At no time will your hours exceed 960 hours in any single fiscal year. Your hourly rate range will be $92.68 an hour with no other benefits. As a CalPERS retired annuitant, you may fill this temporary, non -benefited position, as you have specialized skills needed in performing work of limited duration. Temporary part- time positions with the City of Baldwin Park are considered "at -will" and, as a CalPERS retired annuitant, you may not work more than 960 hours in a fiscal year. You are responsible for monitoring compliance with this work limit. Retiree employment found to be in violation of CalPERS law and regulations (unlawful employment) can result in mandatory reinstatement from retirement, reimbursement of retirement allowances, contributions for post-retirement earnings, and administrative penalties. A CalPERS retiree can work for a CalPERS employer under certain circumstances. Please refer to the CalPERS publication titled "A Guide to CalPERS Employment After Retirement" available on the CalPERS website http://www.calpers.ca.aov. Please note that the publication only covers some of the limitations on post-retirement work. You are encouraged to review the Public Employees' Retirement Law (Government Code Section 2000 et seq.,) and the Public Employees' Pension Reform Act of 2013 (Government Code section 7522, et seq.). If you require further clarification contact, please CalPERS at 1- 888-225-7377. Certification of CaIPERS Retired Annuitant: I understand that I may only accept a temporary appointment by a CalPERS employer as a CalPERS retired annuitant as specifically allowed by law. Please sign and return this document to Baldwin Park Human Resources not later than May 3, 2017. Reviewed and Acknowledged: Michael Taylor Signature CC: Personnel File and Employee Date STAFI SUMMARY ITEM NO. I TO: The Honorable Mayor and Members of the City Council *k) FROM: Manuel Carrillo Jr., Director of Recreation and Community Servic Suzie Ruelas, Housing Manager/1510Y DATE: May 3, 2017 SUBJECT: FISCAL YEAR 2017-2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP FUND (HOME) ANNUAL ACTION PLAN For the City Council to hold the final of two required public hearings and receive public input regarding the Community Development Block Grant (CDBG) and HOME Investment Partnership Fund (HOME) FY 2017-2018 Annual Action Plan.. FISCAL IMPACT Because the federal budget has not yet passed through Congress, the actual HUD allocations have not been announced. Therefore, any specific impact to the general fund is impossible to determine at this time. It is important to note the possibility of elimination of the CDBG and HOME programs proposed under the current administration in Washington. The elimination of the programs will have a devastating impact to programs that have been offered to our residents for over 40 years. If CDBG and HOME programs are eliminated, staff will notify the City Council and seek direction for an appropriate response and action. The CDBG and HOME fund budget will also be reflected in the FY 2017-2018 City budget presented to the City Council for approval. RECOMMENDATION Staff recommends the City Council approve the FY 2017-2018 CDBG Annual Action Plan with the contingency to adjust public service programs, and HOME and CDBG administration to remain in compliance with HUD maximum allowable requirements as well as possibly Code Enforcement allocations once the final federal budget and allocations are approved. BACKGROUND After the opening and closing of the public hearing on March 15, 2017, the City Council approved funding allocations for all FY 2017-2018 CDBG and HOME proposed projects including public service programs. CDBG/HOME Public Hearing May 3, 2017 Paae 2 Since HUD has not yet announced the FY 2017-2018 Federal CDBG and HOME allocations, the proposed funding in this report considers the same funding level as in FY 2016-2017, which is $943,889 in Community Development Block Grant (CDBG) funds and $224,182 in HOME Investment Partnerships (HOME) entitlement funds. The City is also estimating about $20,000 in HOME projected program income. The total CDBG and HOME funding available for FY 2017-2018 is as follows: f e ¢ yh� i - FY 2017-2018 Entitlement $ 943,889 , $ 224,182 $1,168,071 Estimated 2017-2018 Program Income $ 0 $ 20,000 $20,000 Unexpended Prior Year Funds $ 3,226 $ 776,076 $779,302 Estimated Total Funds Available $947,115 $1,020,258 $1,967,373 FUNDING RECOMMENDATIONS The proposed FY 2017-2018 CDBG projects are as follows: Economic Development Programs - Section 108 Loan Repayment The Section 108 Loan has the greatest CDBG funding allocation for the next six years. During the 2005- 2006 Program Year, the City utilized a $3 million Section 108 Loan program to support an economic development project that included a Super WalMart Department store and other commercial businesses. The Section 108 Loan project is considered an economic development project that created employment opportunities to over 320 low -and moderate -income individuals. The Section 108 loan was provided to the City under an agreement it be repaid with future CDBG funds. In 2015, the City was able to refinance the Section 108 Loan interest and reduce the annual payment. The amortization schedule reflects the City's loan to be paid in full by August 1, 2021 with payments estimated as follows. N 414 {u FY 2017-2018 1 p N $ f. MI 425,125 FT 2018-2019 $ 443,576 FY 2019-2020 $ 460,738 FY 2020-2021 $ 478,067 FY 2021-2022 $ 494,756 To remain in compliance with its Loan agreement, the City cannot reduce the amount allocated to the Section 108 repayment. Therefore, it would be prudent for the City to begin reducing the expectations and allocations to other CDBG programs, at least through Fiscal Year 2021-2022, when the Section 108 Loan will be paid in full. Public Service Programs On March 15, 2017, the City Council approved funding allocations for FY 2017-2018 CDBG Public Services as noted in the following table: CDBG/HOME Public Hearing May 3, 2017 Page 3 tv 21, f iCii * ounCil t�I1pCQiCd € ;{y Church of the Redeemer Food Bank $ 9,000 Domestic Violence Advocate * $ 24,000 ESGV Coalition for the Homeless $ 10,000 Family Service Center * $ 23,000 Graffiti Removal * $ 27,000 Pride Program (BPPD) * $ 23,000 Recreation/Sports Scholarship * $ 4,000 Santa Anita Family Services $ 4,500 St. Johns Church Social Services $ 2,150 Youth Employment * $ 14,933 TOTALS $141,583 * Indicates City of Baldwin Park Services Administration Each year, the City may allocate a maximum of 20% of the annual CDBG entitlement allocation towards administration and planning. This includes staff costs and operating expense for the overall administration of the CDBG program and a portion for the required Fair Housing Services. Assuming the annual allocation at last year's level, this year's maximum equates to $188,778. Fair Housing $ 2,500 Admin — Program Delivery $ 186,278 Total Planning and Administration $188,778 Staff understands that $2,500 is not an amount feasible to expect the Housing Rights Center to provide the HUD required fair housing services to our residents. However, the CDBG funds available for administration services limit the City's ability to provide sufficient funding using CDBG funds only. Therefore, the Baldwin Park Housing Authority, which regularly partners with the Housing Rights Center, also provides funding to meet the fair housing needs of our residents. Capital Improvement Projects. There are no CDBG funds proposed for Capital Improvement projects. The City will proceed with FY 2017-2018 Capital Improvements projects using other source of funds. Housing Programs The City continues to maintain its housing programs as in previous years with some reduction in funding to Code Enforcement and Lead Testing Program. Pursuant to CDBG regulations, housing programs are required to create or maintain decent affordable housing for low-income areas and residents. The City's CDBG Housing programs include homeowner rehabilitation grants offered to the extremely -low to low- income households with a preference to the elderly and disabled. The proposed funding level of $20,000 to the Residential Home Rehabilitation Grant program provides for at least two grants. Also included is CDBG/HOME Public Hearing May 3, 2017 Pape 4 the lead testing program, which HUD requires for all CDBG and HOME rehabilitation projects. The Rehabilitation Administration program provides for the inspections, loan underwriting and all other operating cost of rehabilitation projects, including the annual monitoring of development projects such as ROEM Metro Village, TELACU, and the City's CHDO affordable housing projects. The Code Enforcement Department provides for code activities in distress neighborhoods in conjunction with other neighborhood enhance programs. HOME Funds HOME funds are much more restrictive than CDBG funds. The projects are limited to affordable housing projects. Proposed FY 2017-2018 HOME fund projects are as follows: 1) Administration - 10% maximum allowed for planning and administration plus 10% of program income received in previous years. 2) Community Housing and Development Organization (CHDO) Program —HUD requires 15% of the annual allocation to implement an eligible CHDO activity; In previous years, the City has successfully partnered with two separate CHDO organizations, one on Los Angeles Street where 5 units were acquired, rehabilitated and brought up to code, improving the living conditions for existing low-income tenants. More recently in FY 2016-2017, the City partnered with a CHDO, for the sale of the Bresee (ROP) Property. An existing Baldwin Park resident was approved as a tenant and the home is now an affordable rental unit. Staff continues to seek new opportunities for another affordable housing CHDO project. Under consideration is subsidizing the CHDO HOME funds with remaining Housing Set aside funds for additional acquisition/rehab/multifamily rental affordable housing project. Once a project has been identified, details will be presented to the City Council for final approval. 3) Residential Rehabilitation Loan Program — Project provides low-income property owners of owner -occupied properties loans to rehabilitate their properties and ensure compliance with all local, state and federal building and safety codes. Proposed funding provides for 7 loans. 4) First Time Homebuyer Program — Project offers loans as a gap financing in the form of a second trust deed to low income homebuyers. Proposed funding provides for 4 loans. 5) Lead Abatement Grant Program — Project requirement to meet HUD's regulation for properties participating in rehabilitation programs. CDBG/HOME Public Hearing May 3, 2017 Paqe 5 As a reminder, HOME funds must be committed to a project within two years from the date of funding to the City and expended in five years. If these requirements are not met, funds become at risk of recapture from HUD. Staff continues to make every effort to avoid recapture, however factors such as the current housing market, lack of available additional funding resources and the stringent HOME requirements sometimes make it difficult to implement successful projects. Unfortunately, the recapture regulation is statutory and cannot be waived and extensions for these deadlines are not available. Public Review Pursuant to the City's Citizen Participation Plan, the City is required to hold two public hearings during the preparation of the subject plans. This public hearing satisfies that requirement. The draft Plan was available for public review at City Hall, Yd floor and the Esther Snyder Community Center beginning April 3, 2017, concluding at tonight's second public hearing. LEGAL REVIEW No Legal Review is necessary at this time ALTERNATIVES Alternative Funding Options As previously stated, because the federal budget and final allocations have not yet been announced, the funding approved under this draft plan is contingent upon the City's final allocations from HUD. If there is a reduction in the City's Entitlement Allocation, the necessary revisions will be made to public service programs, administration programs and possibly Code Enforcement, if necessary. If there is an increase in the City's CDBG Entitlement Allocation, the increased amount will be allocated to the Code Enforcement Program. Attachments: • Draft FY 2017-2018 Annual Action Plan CDBG/HOME Public Hearing May 3, 2017 Paae 6 Draft FY 2017-2018 Annual Action Plan CITY OF BALDWI N PARK FY 2017-2018 ANNUAL ACTION PLAN PUBLIC COMMENT REVIEW Please submit all comments in writing to: Suzie Ruelas Housing Manager City of Baldwin Park 14403 E. Pacific Avenue, 3`d floor Baldwin Park, CA 91706 Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) Executive Summary AP -05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction The City of Baldwin Park has prepared the 2015-2019 Consolidated Plan as a requirement to receive Federal Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds. The Consolidated Plan provided the U.S. Department of Housing and Urban Development (HUD) with a comprehensive assessment of the City's housing and community development needs and outlines the City's priorities, objectives and strategies for the investment of CDBG and HOME funds to address these needs over the next five years, beginning July 1, 2015 and ending June 30, 2020. The 2017-2018 Action Plan for the period starting on July 1, 2017and ending on June 30, 2018 represents the second year in that five-year plan. These grant programs are consistent with HUD's national strategy to provide decent housing opportunities, a suitable living environment and economic opportunities, particularly for low- and moderate -income persons. The City receives CDBG and HOME funds from HUD on a formula basis each year, and in turn, awards grants and loans to nonprofit, for-profit or public organizations for programs and projects in furtherance of this Plan. The CDBG and HOME programs generally provide for a wide range of eligible activities for the benefit of low- and moderate -income residents, as discussed below. Community Development Block Grant (CDBG) The Housing and Community Development Act of 1974 created the CDBG Program with three primary objectives against which HUD evaluates the Consolidated Plan and the City's performance under the Plan. Those primary objectives are decent housing, suitable living environments, and expanded economic opportunities for low- and moderate -income persons. The CDBG regulations require that each activity meet one of the following national objectives: • Benefit low- and moderate -income persons; • Aid in the prevention or elimination of slums and blight; or • Meet other community development needs having a particular urgency (usually the result of a natural disaster). Each year, the City certifies with the submission with its Annual Action Plan that it has given maximum feasible priority to activities, which meet the first and second objectives above. Additionally, the City certifies that no less than 70 percent of the CDBG funds receive, over a three-year certification period, will be designed to benefit low- and moderate -income persons. Home Investment Partnerships Program (HOME) The Cranston -Gonzalez National Affordable Housing Act of 1990 created the HOME program to expand the supply of affordable housing for low- and moderate -income households. Often used in partnership Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 2 with local nonprofit housing development organizations, the HOME program can support a wide range of affordable housing activities, including building, buying, and/or rehabilitating rental and ownership housing or providing direct rental assistance to low- and moderate -income people. For the 2017-2018 program year, the City will receive $943,889 of CDBG funds from the HUD for use in the implementation of eligible CDBG activities. The City currently has an additional $3,211 of prior year funds that have not been allocated to a prior year activity. These funds will be added to the current year's allocation for a total of $947,100 in new CDBG activities. For the 2017-2018 program year, the City will receive $224,182 of HOME funds from HUD for the use in the implementation of eligible HOME activities. The City currently has an additional $20,000 in program income and $731,076 in prior year funds that have not been allocated to a prior year activity. Both, the program income and unallocated funds will be added to the current year's allocation for a total of $975,258 in new HOME activities. The CDBG and HOME funds will be allocated to the following program activities to be implemented from July 1, 2017 to June 30, 2018: CDBG Public Service Activities Church of the Redeemer Food Bank $9,000 Domestic Violence Advocate $24,000 ESGV Coalition for the Homeless $10,000 Family Service Center $23,000 Graffiti Removal $27,000 Baldwin Park Police Department Pride Platoon $23,000 Recreation/Sports Scholarship Program $4,000 Santa Anita Family Services $4,500 St. Johns Church Social Services $2,150 Youth Employment $14,933 2017-2018 CDBG Capital Activities Section 108 Loan Repayment $425,125 Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) Code Enforcement $108,614 Home Rehabilitation Grant Program* $20,000 Lead Testing $3,000 Rehabilitation Administration $60,000 2017-2018 HOME Activities CHDO* $197,635 First -Time Homebuyer Program** $250,000 Rehabilitation Loan Program ** $345,410 Lead Abatement Grant Program ($16.660 of PY funds) *** $20,000 2017-2018 Program Administration Activities CDBG Program Administration $186,278 Fair Housing (CDBG Administration) $2,500 HOME Program Administration $22,418 Carryover Prior Year Funds ** *Partially funded with $2,926 in prior year unallocated CDBG funds. ** Fully funded with $612,070 in prior year unallocated HOME funds *** Partially funded with $612,070 in prior year unallocated HOME funds 2. Summarize the objectives and outcomes identified in the Plan HUD's Community Planning and Development (CPD) Outcome Performance Measurement Framework classifies objectives in three categories: decent housing, a suitable living environment, and economic opportunity. Based on the Needs Assessment and Market Analysis described in the Five -Year Consolidated Plan, the Strategic Plan identifies eight high priority needs to be addressed through the implementation of activities aligned with eight Strategic Plan goals. Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 4 In consideration of community input and available data, the seven priority needs listed below are established as part of the Plan: • Expand the supply of affordable housing • Preserve the supply of affordable housing • Ensure equal access to housing opportunities • Provide neighborhood services, community facilities and infrastructure improvements • Provide public services for low-income residents • Provide public services for residents with special needs • Prevent and eliminate homelessness The following eight goals are identified in the Strategic Plan: • Affordable Rental Housing Development • Housing Preservation • New Homebuyer Assistance • Fair Housing Services • Neighborhood Services • Public Services for Low- and Moderate -Income Residents Including Those with Special Needs • Homeless Prevention Services • Community Facilities and Infrastructure Improvements The following goals have been established for the 2017-2018 program year utilizing CDBG and HOME funds: case management, and referral services to 200 people • Provide first-time homebuyer services to 4 households • Provide recreation programs to assist 80 youth • Provide employment programs to assist 10 youth • Provide general services to 225 seniors • Help provide services to persons with special needs to include battered and abused spousal programs, meal programs, and case management services to 2960 people Annual Action Plan 5 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) • Provide funding for graffiti removal for 6 public facilities used by thousands each year. 3. Evaluation of past performance The City is currently implementing the projects and activities included in the 2016-2017 Action Plan. As of this writing, all projects and activities are underway. The following was accomplished In FY 2015- 2016: • Provide fair housing services to 133 people • Provide sustainability of decent housing through rehabilitating 1 housing units and conducting 1 lead-based paint testing and abatement • Enhance low- and moderate -income neighborhoods by inspecting 1513 housing units through code enforcement • Decrease crime in communities by aiding at risk youth programs, community policing, and neighborhood watch programs assisting 11 people • Stimulate business investment and job development through the Section 108 repayment • Support continuum of services to end homeless by funding transitional housing and outreach, case management, and referral services to 540 people • Provide recreation programs to assist 136 youth • Provide employment programs to assist 11 people • Provide general services to 190 seniors • Provide general services to assist 4,984 people • Provide food bank services to 7,716 • Help provide services to persons with special needs to include battered and abused spousal programs, meal programs, and case management services to 8044 people While the City and local partners were able to successfully implement the activities listed above during the last five years, there were insufficient resources to fully address the level of need identified in the last Consolidated Plan. Starting in July 2015, the City initiated its current five-year Consolidated Plan cycle. Similar accomplishments are expected as described above. Since the City is only half way through 2016 fiscal year, actual numbers are not available at this time. The State of California's June 2011 passage of AB1X2, and subsequent court decisions and clarifying legislation, to eliminate Redevelopment Agencies—a substantial funding source for housing, community and economic development programs in California—significantly curtailed the City's ability to implement activities that benefit low- and moderate -income residents. 4. Summary of Citizen Participation Process and consultation process Subsequent to the enactment of the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009, HUD revised the Consolidated Plan regulations at 24 CFR Part 91 to emphasize the importance of citizen participation and consultation in the development of the Consolidated Plan. HUD strengthened the consultation process with requirements for consultation with the CoC, Public Housing Authorities (PHA), business leaders, civic leaders, and public or private agencies that address Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 0 housing, health, social service, victim services, employment, or education needs of low-income individuals and families, homeless individuals and families, youth and/or other persons with special needs. Together with the analytic capabilities of the eCon Plan Suite, these requirements created the conditions necessary to implement a collaborative, data -driven and place -based planning process that includes a robust level of citizen participation and consultation. In accordance with the City's adopted Citizen Participation Plan, the City facilitated citizen participation through surveys, community meetings and public hearings. Efforts were made to encourage participation by low- and moderate -income persons, particularly those living in slum and blighted areas and in areas where HUD funds are proposed to be used, and by residents of predominantly low- and moderate -income neighborhoods. The City also made efforts to encourage the participation of minorities and non-English speaking persons, as well as persons with disabilities. The consultation process included representatives of the CoC, PHA, and other specified groups who completed surveys, provided local data and assisted the City to ensure practical coordination of strategies to maximize impact and to avoid duplication of effort. 5. Summary of public comments Two community meetings to discuss the housing and community development needs in Baldwin Park were held before the CDBG Advisory Committee on December 12, 2016 and February 6, 2017 at the City Hall Council Chambers. Applicants for funding presented their projects the Committee, who then approved funding recommendations for the City Council to consider. A public hearing to receive comments on the housing and community development needs in the community was held in the City Council Chamber on March 1, 2017 and carried over until March 15th. No comments were received. The draft Action Plan was available for public review and comment from April 3, 2017 to May 3, 2017. A public hearing to receive comments on the draft 2017-2018 Annual Action Plan was held before the Baldwin Park City Council on May 3, 2017. Public Comments received during the public review period and the Public Hearing are provided in Appendix A of this document. 6. Summary of comments or views not accepted and the reasons for not accepting them All comments and views received by the City in the development of the 2017-2018 Action Plan were accepted and taken into consideration in the plan. 7. Summary Examination of 2007-2011 American Community Survey (ACS) 5 -Year Estimates and the 2007-2011 Comprehensive Housing Affordability Strategy (CHAS) data, in addition to local data, as well as consultation with citizens and stakeholders revealed seven high priority needs to be addressed through the investment of an anticipated $5.8 million of CDBG and HOME funds over the five-year period of the Consolidated Plan. The investment of CDBG and HOME funds in eligible activities shall be guided principally by the seven goals of the Strategic Plan. Activities submitted for consideration in response to any solicitation or Notice of Funds Availability (NOFA) process must conform to one of the seven Strategic Plan strategies and the associated action -oriented, measurable goals in order to receive consideration for CDBG or HOME funding. Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 7 The City will endeavor to broaden its citizen involvement, if there is interest shown in the City. Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) PR -05 Lead & Responsible Agencies — 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency CDBG Administrator BALDWIN PARK Housing Department HOME Administrator BALDWIN PARK Housing Department Table 1— Responsible Agencies Narrative (optional) The City of Baldwin Park Community Development Department is the lead agency responsible for the administration of the CDBG and HOME programs. In the development of this Consolidated Plan, the City developed and implemented a comprehensive citizen participation and consultation process and conducted a needs assessment and market analysis to identify levels of relative need regarding affordable housing, homelessness, special needs, and community development. This information was gathered through consultation with public officials and local agencies, public outreach and community meetings, review of demographic and economic data, and housing market analysis. In the implementation of the Annual Action Plan, the Community Development Department shall be responsible for all grants planning, management and monitoring duties necessary to comply with HUD regulations and City policy. Consolidated Plan Public Contact Information Baldwin Park Community Development Department 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 9 AP -10 Consultation — 91.100, 91.200(b), 91.215(1) 1. Introduction In the development of the Consolidated Plan, the City of Baldwin Park consulted with representatives from multiple agencies, groups, and organizations involved in the development of affordable housing, creation of job opportunities for low- and moderate -income residents, and/or provision of services to children, elderly persons and persons with disabilities, persons with HIV/AIDS and their families, and homeless persons. To facilitate this consultation, the City solicited feedback through the following methods: • Stakeholder surveys (web -based and paper -surveys) • Individual stakeholder consultations • Community meetings • Public hearings • Receipt of written comments The input gathered from these consultation partners helped establish and inform the objectives and goals described in the Strategic Plan. In the development of the 2017-2018 Action Plan, the City provided each agency with an opportunity to comment on the draft Action Plan during the public review and comment period. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)) The City recognizes the importance of careful coordination and alignment among various service providers to maximize the effectiveness of their programs. As a result, during the development of this Consolidated Plan, the City consulted closely with organizations that provide assisted housing, health services and other community -focused agencies. Outreach efforts included surveys including specific questions associated with coordination, invitations to community meetings and follow-up in-person interviews where appropriate. The City further recognizes the importance of continued coordination and alignment during the preparation of the 2017-2018 Action Plan with these organizations and agencies. The City will strengthen relationships and alignment among these organizations in the implementation of the NOFA process for CDBG and HOME funds and through technical assistance provided to subrecipients of CDBG and HOME funds each year. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 10 The Continuum of Care (CoC) for Los Angeles County guides the development of homeless strategies and the implementation of programs to end homelessness throughout the region. The City provided a detailed questionnaire to the CoC to identify the CoC's perceived needs in the county and its objectives to address the needs of different homeless persons populations, specifically chronically homeless families and individuals, families with children, veterans, unaccompanied youth and persons at risk of homelessness. Following the delivery and response to this questionnaire, the City followed up with the CoC to clarify existing needs and objectives and understand opportunities for collaboration and coordination during the five-year planning process. The region's municipalities, including the City of Baldwin Park, provide resources for services that assist the homeless and those at risk of becoming homeless. The nonprofit and faith -based community plays a key role in the current CoC system. Coordination to address homelessness — including chronically homeless individuals and families, families with children, veterans, and unaccompanied youth — is guided by the CoC. All service providers within the CoC have the ability to refer people with varying needs to the appropriate service provider(s) in their area. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City does not receive an entitlement of ESG funds. However, during the Consolidated Plan process, the City of Baldwin Park consulted 23 housing, social service and other entities involved in housing, community and economic development in the City and throughout the region to obtain valuable information on the priority needs in Baldwin Park and how CDBG, HOME and other resources should be invested to provide decent affordable housing, a suitable living environment and economic opportunities for low- and moderate -income residents. The Los Angeles Homeless Services Authority (LAHSA), the lead agency of the Continuum of Care (CoC), was consulted directly by telephone and email to discuss performance standards, outcomes, and policies and procedures for HMIS. Table 3 provides a listing of the entities consulted as part of this planning process. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction's consultations with housing, social service agencies and other entities Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 11 N ri LM N M n 0 CL Ln 6 Z O r u°co k�. r� 0 r�- 0 r; 0 r� 0 H V N N N N N v N CU p- c a c a Ln a o E 0 a, E o c o > u a o m a t o m o o 0 C 0 CL w 0 c 0 CL w 0 C o a C L a 1 eo J J Z Z �C c o. 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N •C �' E \ \ �O_r iii y N 0 N •C w E \ �' \ �' }_O� {.i d a d y -o E C C 0 t0) �• a u Z C �' C = �• u �' C �' c t >* d ai d co >• m o m o'o a °� 3 m o V r -I r- rl N N M 0 0 %b 0 N 0 z O c u co N 0 r; 0 P� 0 r� 0C14 r� 0 C14 r-4 N °c. a ° 0 0• LA M 0 0 0 0 a a a a 0 N o 0 0 c o p Q c o c 4J m m +o � m 410 m z aci _ 4-- 4. v t,U—_— � ft 0 z � o z � o z +1 E 0 z 41 (D E o z 0 Q oL 3 E 0 c E a c .o c M o L+CCDJ m a m >� o� m G. 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Together, these projects will address the housing, community and economic development needs of Baldwin Park residents - particularly those residents residing in the low- and moderate -income areas. # Project Name 1 Affordable Housing Development and New Homebuyer Programs 2 Housing Preservation 3 Fair Housing Services 4 Neighborhood Services 5 Public Services 6 Special Needs 7 Homelessness Prevention 8 Community Facilities and Infrastructure Improvements 9 Section 108 Repayment 10 Administration Table 8 — Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs All of the City's CDBG and HOME funds included in the 2017-2018 Action Plan address the primary objective of benefiting low- and moderate -income persons. Public facilities and infrastructure improvement activities are limited to the CDBG low- and moderate -income areas. Public services projects and activities will primarily address the needs low- and moderate -income limited clientele. The City's housing programs will be restricted to those with CDBG qualifying incomes. Based on the Strategic Plan, Baldwin Park is allocating 100 percent of its CDBG funds (excluding Section 108 Loan Repayment and CDBG Program Administration) as well as 100 percent of its non- administrative HOME funds for program year 2017-2018 projects and activities that benefit low- and moderate -income people. The primary obstacles to meeting the underserved needs of low- and moderate -income people include lack of funding from federal, state and other local sources and the high cost of housing that is not Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 32 affordable to low-income people. To address these obstacles, the City is investing CDBG and HOME funds through the 2017-2018 Action Plan in projects that provide additional affordable housing units, provide for the preservation of existing housing units, that provide neighborhood services to low- and moderate -income people and those with special needs, and projects that prevent homelessness. Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 33 � m % � $ CL k 2 § k u co $ 0 � § ( 0 CLCL o = m c E o k E § J k § 4 i £ d § ( ? u f m 7 £ I o CL a E k k o / / � / k a g U E LU �2E 9 � 2 °° ■ M § ƒ / ° m k - o \ fCL 2 m $EA , § 41 ƒ k § 2 2 o o g E § ■ @ % > r ' R ■ o k u k E £ CL 0 7 E C H§ A § % / c � = § E ° k c c / / o 4- o o / 2 . 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X v L C .� O o L W L m p 0 E �O Z U oC Q V Q 2 LL Z n. to 2 U w a w Z a a a U= Q o a� a E O V r C 4- m L C 1A C O d N M oa o w o Q Z L a a 5 V a oo a ++ f0 E D C C O o 0 Cr 0 0 H � 'p .0 L H ++ WJm- E O a u �p s O L H m l7 G� Z C G a` I _. rn M 0 M n O X r L6 Ln 0 O U m 0 � U_ U_ U_ 'a O CL O. N 8 fn a `° 0 z a `° 0 z a `° 0 z o c. E O D V �o �- M c t6 E c twoIA E N W � c = •E w d H a o a c C C C le c J N Q c 1 d. AP -50 Geographic Distribution — 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed For projects that address Neighborhood Services and Community Facilities and Infrastructure goals, assistance will be primarily directed to the low- and moderate -income areas of the City. The low- and moderate -income Census Tract map will be used by the City when making funding determinations using CDBG and HOME funds in order to address the areas with the highest priority needs. Additionally, as discussed in section SP -10 of the Consolidated Plan, the southeastern part of the City exhibits a greater level of need for affordable housing or services for low- and moderate -income residents; therefore, one geographic priority is being established within the Consolidated Plan and efforts for allocation priorities in this area will be made to address this need. It should be noted that the City, as a whole, is mostly low and moderate income. Geographic Distribution Target Area Percentage of Funds Low- and Moderate -Income Areas 7 Table 10 - Geographic Distribution Rationale for the priorities for allocating investments geographically For the 2017-2018 program year, the City will invest $947,115 of CDBG funds and $1,020,258 of HOME funds, including prior years unallocated or unexpended funds, for a total of $1,967,373 that will benefit low- and moderate -income people throughout the City. Of this amount, $135,629 or 7 percent of all resources will be invested in infrastructure projects that benefit low- and moderate -income areas. Due to the nature of the projects and activities to be undertaken, investments in projects and activities such as Neighborhood Services and Community Facilities and Infrastructure are limited to these areas while other projects and activities benefit low- and moderate -income limited clientele and are available citywide. Discussion Based on the Strategic Plan, Baldwin Park is allocating 100 percent of its CDBG funds (excluding Section 108 Loan Repayment and CDBG Program Administration) as well as 100 percent of its non- administrative HOME funds for program year 2017-2018 projects and activities that benefit low- and moderate -income people. The City has not designated any Neighborhood Revitalization Strategy Areas. Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 41 Affordable Housing AP -55 Affordable Housing — 91.220(g) Introduction Two high priority affordable housing needs are identified in the 2015-2019 Consolidated Plan and two strategic Plan goals are established to provide the framework necessary to invest CDBG and HOME funds to address the affordable housing needs of the City. Expand the Supply of Affordable Housing Based on evaluation of 2007-2011 ACS and CHAS data, there is a high need for housing units affordable for households earning less than 80 percent of AML Of the 11,105 households earning 0-80 percent of AMI in the City, 7,418 are cost burdened households—meaning households paying more than 30 percent of their income for housing. Additionally, 4,300 of the cost burdened households are considered severely cost burdened households—meaning that they pay more than 50 percent of their income for housing. Of the 4,300 severely cost burdened households, 1,895 are renters. Of those severely cost burdened renter households, 1,895 households earn less than 50 percent of AMI and are considered the most at risk of becoming homeless. The development of additional housing units affordable for low- and moderate -income households is rated as the highest priority need due to the number of severely cost burdened households in Baldwin Park. Additionally, responses to the 2015-2019 Consolidated Plan Needs Assessment Survey support the development of additional affordable housing units in Baldwin Park. Preserve the Supply of Affordable Housing As the City's housing stock ages, a growing percentage of housing units may need rehabilitation to allow them to remain safe and habitable. The situation is of particular concern for low- and moderate -income home owners who are generally not in a financial position to properly maintain their homes. The age and condition of Baldwin Park's housing stock is an important indicator of potential rehabilitation needs. Commonly, housing over 30 years of age needs some form of major rehabilitation, such as roof replacement, foundation work and plumbing systems. Housing over 15 years of age will generally exhibit deficiencies in terms of paint, weatherization, heating / air-conditioning systems, hot water heaters and finish plumbing fixtures. According to CHAS data showing the year that housing units were built categorized by owner and renter tenure: • 7,867 or 73 percent of the 10,851 owner -occupied housing units in Baldwin Park were built 36 or more Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 42 years ago (built prior to 1980) • 2,428 or 22 percent of the 10,851 owner -occupied housing units in Baldwin Park were built between 17 and 36 years ago (built between 1980 and 1999) • 3,896 or 60 percent of the 6,523 renter -occupied housing units in Baldwin Park were built 36 or more years ago (built prior to 1980) • 2,165 or 33 percent of the 6,523 renter -occupied housing units in Baldwin Park were built between 17 and 36 years ago (built between 1980 and 1999) One Year Goals for the Number of Households to be Supported Homeless 200 Non -Homeless 2,920 Special -Needs 450 Total 3,570 Table 11- One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 0 Rehab of Existing Units 4 Acquisition of Existing Units 9 Total 13 Table 12 - One Year Goals for Affordable Housing by Support Type Discussion The Strategic Plan identifies a high priority need to expand the supply of affordable housing and a high priority need to preserve the supply of affordable housing. During the 2017-2018 program year, the City of Baldwin Park is completing the expansion of its supply of affordable housing through the ROEM affordable housing development activity and providing homeownership opportunities for low -and moderate -income first-time homebuyers. Additionally, the City will invest CDBG and HOME funds in the preservation of affordable housing units through the City of Baldwin Park Housing Rehabilitation Program. Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 43 AP -60 Public Housing — 91.220(h) Introduction The Baldwin Park Housing Authority (BPHA) was created and authorized under State of California Housing Authority Law to develop and operate housing and housing programs for low-income families. The BPHA receives its funding from the Department of Housing and Urban Development (HUD) for the administration of the Section 8 tenant -based Housing Choice Voucher (HCV) assistance program for the jurisdiction of the cities of Baldwin Park, West Covina, E) Monte, South EI Monte, and Monrovia in the County of Los Angeles. Actions planned during the next year to address the needs to public housing BPHA will continue to serve the needs of residents through public housing and Section 8 vouchers. Maintain a leasing rate of 98 to 100 percent. Continue to maximize the budget's authority to provide as many households as possible with improved living conditions and ease cost burdens associated with housing. Create more flexible and portable housing opportunities by converting the Baldwin Park Housing Authority's public housing units to tenant -based voucher assistance. Continue to provide forms and documents via its web portal to owners and tenants to increase the accessibility of information and streamline procedures with the goal of helping tenants and owners to comply with Section 8 rules and increase the availability of housing units. Actions to encourage public housing residents to become more involved in management and participate in homeownership BPHA actively encourages residents to be involved in the organization through resident councils and active participation in housing authority decisions via surveys and other forms of engagements. BPHA implemented the use of social media to improve and maximize the outreach to owners and tenants and increase the accessibility of information. Residents also maintain a resident advisory board. BPHA encourages residents to explore homeownership opportunities. The City of Baldwin Parks offers a Housing Assistance program to low- and moderate -income first-time homebuyers, known as the Silent Second Program. It provides a loan that funds the difference between the purchase price of the home and the first mortgage. The homebuyer is required to put a 1.5 percent down payment. The Silent Second Program or "gap financing" program assists homebuyers in purchasing their home by filling in the affordability gap. The gap is defined as a difference between the purchase price of the home and the first mortgage plus a 1.5 percent down payment. The Silent Second Program is funded through the HOME Investment Partnership Program (HOME) and Housing (20 percent) Set -Aside funds. Although the set-aside funds are no longer available from the State, the City is expecting to receive proceeds from the sale of RDA -acquired property, which they will use for another housing activity. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 44 BPHA and HACoLA are designated as a High Performing Public Housing Agency. Discussion BPHA and HACoLA are well-positioned to maintain and expand the supply of affordable housing units in the City of Baldwin Park and throughout Los Angeles County through its partnerships with the State of California, Los Angeles County Community Development Commission, the City of Baldwin Park and other housing partners. BPHA administers Section 8 to provide rental assistance to low-income families, senior citizens, and disabled individuals. In 2016, 500 Section 8 Housing Choice Vouchers were held by Baldwin Park households. If funds are released, the BPHA has the authority to fund up to 880 vouchers. Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 45 AP -65 Homeless and Other Special Needs Activities — 91.220(i) Introduction Preventing and ending homelessness is a HUD priority addressed nationally through coordination of regional strategies carried out locally by government agencies and a wide variety of community based organizations and faith -based groups. Consistent with this approach, the City of Baldwin Park supports the efforts of the Los Angeles Homeless Service Authority (LAHSA), County Continuum of Care (CoQ and its member organizations that address homelessness throughout Los Angeles County. In alignment with this strategy, the City will use CDBG funds to support local service providers as well as City run programs to prevent homelessness and to expand the supply of affordable housing in Baldwin Park for low- and moderate -income residents. The City will invest CDBG funds during the 2017-2018 program year to address high priority needs identified in the 2015-2019 Consolidated Plan including preventing homelessness and providing public services to special needs populations. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs According to the Ten -Year Plan to End Homelessness, the CoC is implementing several regional strategies that will enhance local coordination to more effectively assist people in need. To more rapidly identify and assess people experiencing homelessness, the CoC is creating regional homeless access centers that offer fully coordinated systems of outreach and will facilitate universal assessment, intake, referral and transportation to resources. The CoC also has resources of information (such as 2-1-1) to better serve individuals who are homeless or at risk of becoming homeless. In addition, the CoC implements a database using real time information from intake and assessment that is housed in the Homeless Management Information System (HIMS). Collectively these strategies help minimize duplication of effort and better connect the most vulnerable individuals and families, chronically homeless, and people at risk of becoming homeless to appropriate resources. To reach out to unsheltered homeless persons and assess their individual needs for the purpose of connecting them with available emergency shelter and transitional housing resources, the City of Baldwin Park will provide information and referrals — primarily to 2-1-1 Los Angeles County. Additionally, to reduce and end homelessness, the City of Baldwin Park will provide CDBG public service funds to the following activities: • East San Gabriel Valley Coalition for the Homeless (200 people) • Domestic Violence Advocate (250 people) • Santa Anita Family Services (200 people) Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 46 Addressing the emergency shelter and transitional housing needs of homeless persons The City supports local nonprofit agencies that provide emergency rental assistance and transitional housing needs for homeless or those at risk of becoming homeless. To address the emergency shelter and transitional housing needs of homeless persons, the City supports the East San Gabriel Valley Coalition for the Homeless that provides transitional housing, emergency assistance and winter shelter assistance to homeless families or families at risk of homelessness. Each year, the East San Gabriel Valley Coalition for the Homeless serves approximately 200 unduplicated people. Additionally, the City supports Domestic Violence Advocate and Santa Anita Family Services, organizations that provide emergency shelter and support services to victims of domestic violence. These programs provide a number of services to include but not limited to supportive services for survivors and perpetrators of domestic violence, batterer's program, and anger management, and assistance in guiding victims through the criminal justice system. Lastly, the City of Baldwin Park also supports the efforts of the Los Angeles County Continuum of Care (CoQ and its member organizations that address homelessness. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again To address the needs of homeless families, families with children, veterans and their families, the City supports the East San Gabriel Valley Coalition for the Homeless, which provides transitional housing, counseling and case management to families at risk of homelessness. Each year, the East San Gabriel Valley Coalition for the Homeless serves approximately 200 unduplicated people through its transitional housing program. When paired with financial counseling, career coaching and other available case management services, the agency makes certain that families are ready to succeed in their transition to permanent housing. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The Los Angeles County CoC Ten Year Plan to End Homelessness included a goal to establish countywide protocols and procedures to prevent people from being discharged from public and private institutions of care into homelessness that will help decrease the number of persons being discharged into homelessness by at least 10 percent annually. The CoC is seeking improve coordination among publicly Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 47 and privately funded institutions of care and local service agencies in the County of Los Angeles in order to decrease the number of persons being discharged into homelessness annually. Discussion With limited CDBG and HOME resources available, the City is investing CDBG public service funds in public service activities such as the East San Gabriel Valley Coalition for the Homeless to prevent homelessness in Baldwin Park One year goals for the number of households to be provided housing through the use of HOPWA for: Short-term rent, mortgage, and utility assistance to prevent homelessness of the individual or family Tenant -based rental assistance Units provided in housing facilities (transitional or permanent) that are being developed, leased, or operated Units provided in transitional short-term housing facilities developed, leased, or operated with HOPWA funds Tota I Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 48 AP -75 Barriers to affordable housing — 91.220(j) Introduction A barrier to affordable housing is a public policy or nongovernmental condition that constrains the development or rehabilitation of affordable housing. Barriers can include land use controls, property taxes, state prevailing wage requirements, environmental protection, cost of land and availability of monetary resources. Barriers to affordable housing are distinguished from impediments to fair housing choice in the sense that barriers are lawful and impediments to fair housing choice are usually unlawful. Based on information gathered during community meetings, the Consolidated Plan Needs Assessment Survey, the 2013-2021 Housing Element and market analysis, the primary barriers to affordable housing in Baldwin Park are housing affordability and the lack of monetary resources necessary to develop and sustain affordable housing. The two barriers are related in the sense that demand for affordable housing exceeds the supply and insufficient resources are available to increase the supply of affordable housing to meet demand. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment In the development of the 2013-2021 Housing Element, the City evaluated significant public policies affecting affordable housing development such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges and growth limitations. Based on this evaluation, the City determined that it has taken all appropriate and necessary steps to ameliorate the negative effects of public policies that may have been a barrier to affordable housing. Moreover, the City is actively engaged with affordable housing developers concerning the siting of additional future affordable housing and ensuring that the entitlement process runs smoothly from inception to completion. Discussion To address housing affordability and the lack of monetary resources for affordable housing, the Strategic Plan calls for the investment of a significant portion of CDBG and HOME funds for the development of 73 new affordable rental housing units during the five-year period of the Consolidated Plan and the rehabilitation and preservation of 25 existing affordable housing units over the five-year period covered by the Consolidated Plan. Although the City no longer has access to Redevelopment Housing Set -Aside funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City for the purpose of affordable housing, to facilitate affordable housing development. This strategy will increase the supply of affordable housing and preserve existing affordable housing in the City. Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 49 AP -85 Other Actions — 91.220(k) Introduction In the implementation of the 2017-2018 Annual Action Plan, the City will invest CDBG and HOME resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, reduce the number of poverty -level families, develop institutional structure and enhance coordination between public and private housing and social service agencies. Actions planned to address obstacles to meeting underserved needs The primary obstacles to meeting the underserved needs of low- and moderate -income people include lack of funding from federal, state and other local sources, and the high cost of housing that is not affordable to low-income people. To address these obstacles, the City is investing CDBG and HOME funds through the 2017-2018 Action Plan in projects that provide financing for the development of 70 new affordable rental housing units, provide loans to approximately nine low- and moderate -income homeowners for home improvements, assist 4 first-time homebuyers, provide public facilities improvements at City of public facilities to benefit people presumed under HUD regulations to be low - and moderate -income people and those with special needs, and projects that prevent homelessness. To address underserved needs, the City is allocating approximately 100 percent of its non -administrative CDBG and HOME investments for program year 2017-2018 to projects and activities that benefit low - and moderate -income people or people presumed under HUD regulations to be low- and moderate - income. Actions planned to foster and maintain affordable housing In the implementation of the 2017-2018 Annual Action Plan, the City will invest HOME funds to expand the supply of affordable rental housing and will use CDBG and HOME funds to preserve and maintain existing affordable housing through the City of Baldwin Park Residential Rehabilitation Program that anticipates providing up to 9 grants and deferred loans totaling $306,001 to low- and moderate -income owners of single-family dwellings. Actions planned to reduce lead-based paint hazards The Residential Lead Based Paint Hazard Reduction Act of 1992 (Title X) emphasizes prevention of childhood lead poisoning through housing -based approaches. To reduce lead-based paint hazards, the City of Baldwin Park's Residential Rehabilitation Program will conduct lead-based paint testing and risk assessments for each property assisted that was built prior to January 1, 1978 and will incorporate safe work practices or abatement into the scope of work as required to reduce lead-based paint hazards in accordance with 24 CFR Part 35. Actions planned to reduce the number of poverty -level families The implementation of CDBG and HOME activities meeting the goals established in the 2015-2019 Consolidated Plan - Strategic Plan and this Annual Action Plan will help to reduce the number of poverty - level families by: Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 50 • Supporting activities that expand the supply of housing that is affordable to low- and moderate - income households; • Supporting activities that preserve the supply of decent housing that is affordable to low- and moderate -income households; • Supporting a continuum of housing and public service programs to prevent and eliminate homelessness; • Supporting housing preservation programs that assure low income households have a safe, decent and appropriate place to live; • Supporting public services for low- and moderate -income residents including those with special needs and those at -risk of homelessness offered by nonprofit organizations receiving CDBG funds; and • Promoting economic opportunity for low- and moderate -income residents who own microenterprise businesses (five or fewer employees) or who are starting a new microenterprise business. In addition to these local efforts, mainstream state and federal resources also contribute to reducing the number of individuals and families in poverty. Federal programs such as the Earned Income Tax Credit and Head Start provide pathways out of poverty for families who are ready to pursue employment and educational opportunities. Additionally in California, the primary programs that assist families in poverty are CaIWORKs, CalFresh (formerly food stamps) and Medi -Cal. Together, these programs provide individuals and families with employment assistance, subsidy for food, medical care, childcare and cash payments to meet basic needs such as housing, nutrition and transportation. Other services are available to assist persons suffering from substance abuse, domestic violence and mental illness. Actions planned to develop institutional structure The institutional delivery system in Baldwin Park is high -functioning and collaborative — particularly the relationship between local government and the nonprofit sector comprised of a network of capable community-based organizations that are delivering a full range of services to residents. Affordable housing development and preservation activities will be carried out by the Housing Division of the Community Development Department in partnership with housing developers and contractors. Public service activities will be carried out by nonprofit organizations and City Departments to achieve the Strategic Plan goals. The Housing Division and the Public Works Department will work together with contractors to implement public facility improvement projects. One of the key ways the City is developing and expanding institutional structure to meet underserved needs is by funding a wide variety of services targeted to youth, seniors, special needs populations and individuals or families at risk of homelessness with CDBG public service grants. Actions planned to enhance coordination between public and private housing and social service agencies To enhance coordination between public and private housing and social service agencies, the City will Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 51 continue consulting with and inviting the participation of a wide variety of agencies and organizations involved in the delivery of housing and supportive services to low- and moderate -income residents in Baldwin Park. Discussion In the implementation of the 2017-2018 Annual Action Plan, the City will invest CDBG and HOME resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, reduce the number of poverty -level families, develop institutional structure and enhance coordination between public and private housing and social service agencies. Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 52 Program Specific Requirements AP -90 Program Specific Requirements — 91.220(1)(1,2,4) Introduction In the implementation of programs and activities under the 2017-2018 Annual Action Plan, the City of Baldwin Park will follow all HUD regulations concerning the use of program income, forms of investment, overall low- and moderate -income benefit for the CDBG program and recapture requirements for the HOME program. Eligible applicants for CDBG and ESG assistance include subrecipients who may carry out programs to benefit program beneficiaries on behalf of the City. Applications from interested subrecipients may be solicited by the City directly or via published Notices of Funds Availability at the discretion of the City. Eligible beneficiaries for CDBG or HOME funded housing rehabilitation or first-time homebuyer programs include households earning less than 80 percent of AMI. Developers for HOME -assisted rental housing development projects shall be selected via an application and underwriting process determined by the City based on the regulatory requirements applicable to the prospective project based on the nature and scope of the proposed development. Opportunities for leveraging and matching funds shall be emphasized in the selection of affordable housing Developers. Selection of affordable rental housing development projects shall be based on project feasibility, funding availability and City needs as determined by staff and the City Council. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 S. The amount of income from float -funded activities 0 Total Program Income: 0 Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 53 Other CDBG Requirements 1. The amount of urgent need activities 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(1)(2) 0 100.00% 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: The City will not use any other forms of investment beyond those identified in Section 92.205. The Residential Rehabilitation Program offers one percent interest deferred loans for the rehabilitation of owner -occupied single-family. The loans are due and payable after 30 years. Maximum loan amount is $45,000 and the after rehab value of the house must be less than 95% of the area's median purchase price. The loan does not include any provision for refinancing existing debt. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: During the 2017-2018 program year, the City of Baldwin Park will be undertaking HOME -assisted homebuyer activities. The City uses the recapture provision of HOME funds. The City provides deferred loans up to $70,000 and that amount is reevaluated at the beginning of each fiscal year to determine what the market will bear. The amount represents the necessary financing to assist an eligible lower income family to qualify for a home purchase. The purchase price for the home cannot exceed 95% of the area's median purchase price. The interest rate begins at 5% and is reduced by one percentage point every three years. After 15 years, the interest is forgiven and the loan is due and payable. The loan amount can be extended in five-year increments, but the homeowner must be income eligible at each extension. At the end of the 30 -year period, the City loan is due and payable. The City believes that at that point, the bank loan will have been paid off and the homeowner should qualify for a conventional bank loan. The homebuyer program is limited to new homebuyers who have not owned a house in the past three years. Homebuyers that meet the eligibility requirements will be served on a first-come, first-served Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 54 basis. The loan does not provide for refinancing of existing debt. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: The City uses recapture. All City loans are due and payable upon sale or transfer of the property; if the unit is no longer occupied by the homebuyer; if the homebuyer cashes out; or there becomes a maintenance problem with the property. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City does not intend to use HOME funds under the 2017-2018 Annual Action Plan to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds. Discussion In the implementation of programs and activities under the 2017-2018 Annual Action Plan, the City of Baldwin Park will follow all HUD regulations concerning the use of program income, forms of investment, overall low- and moderate -income benefit for the CDBG program, median area purchase price and recapture requirements for the HOME program. Annual Action Plan 2017 CMB Control No: 2506-0117 (exp. 07/31/2015) 55 Attachments Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 56 Citizen Participation Comments 2017-2018 ANNUAL ACTION PLAN JULY 11 2017 THROUGH JUNE 30, 2018 APPENDIX A Citizen Participation and Consultation Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 57 Agencies Consulted Los Angeles County Department Child Protective Services Services -Children Los Angeles County Health Department Services -Health City of West Covina Adjoining City Los Angeles County Sheriff's Department Services -Safety Los Angeles County Fire Department Services=Safety City of Baldwin Park Department of Public Works Local Government City of Baldwin Park Department of Recreation Local Government Housing Authority of the County of Los Angeles (HACoLA) Public Housing Housing Authority of the City of Baldwin Park Public Housing Southern CA Council of Governments (SCAG) Regional Government Baldwin Park Divas Services -Recreation Baldwin Park Eastside Little League Services -Recreation Baldwin Park American Little League Services -Recreation Lucky Baldwin Pony League Services -Recreation Bassett Little League Services -Recreation Baldwin Park National Little League Services -Recreation Baldwin Park Soccer Little League Services -Recreation Baldwin Park Pride Platoon Services -Recreation Youth Athletic Association (Roadrunners) Services -Recreation Housing Rights Center Fair Housing Santa Anita Family Service Center Services -Families ESGV Coalition for the Homeless Services -Homeless Los Angeles Homeless Services Authority (LAHSA) Services -Homeless Cory's Kitchen Services -Food bank Project Sister Services -Domestic Violence Domestic Violence Advocate Services -Domestic Violence California Dept. of Housing and Community Development Government Baldwin Park Chamber of Commerce Business Community Baldwin Park Community Center Services -Recreation Church of the Redeemer Food Bank Services -Food bank St. John Social Services Services -Families Family Service Center, Recreation Scholarship & Youth Employment Services -Children and Economic Development ROEM Development Corporation Affordable Housing CHDO - Immanuel Housing LLC. Affordable Housing City of Baldwin Park Department of Recreation Services -Recreation City of Baldwin Park Code Enforcement Local Government City of Baldwin Park Domestic Violence Advocate Services -Domestic Violence Rio Hondo Community Development Corporation Economic Development City of EI Monte Adjoining City City of La Puente Adjoining City Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) Grantee Unique Appendices 1F 1400" City of Baldwin Park Imile AnNn.*✓ 0.9 rte CDBG LOW AND MODERATE INCOME AREA MAP 2010 CENSUS AREAS (As or July 1, 2014) LEGEND: ■ CITY BOUNDARY LOW AND MODERATE INCOME BLOCK GROUPS CENSUS TRACK BLOCK GROUP Annual Action Plan 2017 OMB Control No: 2506-0117 (exp. 07/31/2015) 59 ITEM NO. 10 STAFF REPORT TO: Honorable Mayor and City Councilmembers FROM: Rose Tam, Director of Finance DATE: May 3, 2017 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CONFIRMING THE ADVISORY COMMITTEE'S REPORT AND LEVYING THE ASSESSMENT IN THE BALDWIN PARK CITYWIDE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2017-18 SUMMARY The purpose of this staff report is for City Council to approve the Business Improvement Tax (BIT) budget and set the assessment rates for FY 2017-18. FISCAL IMPACT Upon the final adoption of the recommended FY 2017-18 BIT budget and the approval of the resolution to levy the assessment, the City will be enabled to collect and spend these funds. These funds may result in a savings to the General Fund of approximately $184,760 depending on tax collection. RECOMMENDATION Staff recommends that Council: 1) Approve the FY 2017-18 BIT allocation budget; and 2) restore the full rate and approve Resolution No.2017-184, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CONFIRMING THE ADVISORY COMMITTEE'S REPORT AND LEVYING THE ASSESSMENT IN THE BALDWIN PARK CITYWIDE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2017-2018"; and 3) provide staff direction on the appointment of a member of the public or business community to the Committee. BACKGROUND BIT Assessment In 1989, the City Council approved Ordinance 842 which established a City Business Improvement District (BID) that allows for an assessment (or surcharge) on each business license between 60 to 90 percent of the Business License Fees. The ordinance requires the Advisory Committee to recommend a budget and State Law requires that a public hearing be held to adopt the resolution levying the assessment. The City ordinance indicates that the funds can be used only for the following purposes: 1) Decoration of any public place 2) Promotion of public events which are to take place in the City 3) Furnishing of music in any public place 4) The general promotion of business activities BIT Budget At their City Council Meeting on March 2, 2016, the City Council approved the designation of the Executive Team as the Business Improvement Advisory Committee. The Business Improvement Advisory Committee met on March 30, 2017 and April 20, 2017 to discuss programs/projects for FY 2017-18 and the estimated cost and budget allocation. In attendance were the Chief Executive Officer, Police Chief, Interim Public Works Director, Director of Finance, and the Recreation and Community Services Director. Fiscal Year 2017-2018 BIT Resolution and Budget May 3, 2017 Nee 2 City Council has asked staff to explore all revenue resources. One revenue recommendation is to restore the BIT to earlier levels. In the Committee meeting, the members recommended to restore the BIT to the previous full rate as described in ATTACHMENT "A". In 1996, the BIT was reduced to 50%. The restoration of the full rate will result in approximately $50,000 of additional revenue per year to fund eligible programs. Below is an example of the average BIT: Listed below is the FY 2017-18 budget recommended by the Advisory Committee: BUSINESS E"ROVEMENT TAX BUDGET Business Improvement Tax Business Improvement Projected Revenue from FY 2017-18 $125,000 (50% Reduced Rate -38% of Tax (Full Rate -75% of Class B Business Business License Fee Business License Fee) Business License Fee) eg. Accounting services 1 $ 50.00 1 $ 19.00 $ 37.50 Listed below is the FY 2017-18 budget recommended by the Advisory Committee: BUSINESS E"ROVEMENT TAX BUDGET Projected Fund Balance as of June 30, 2017 $201,760 Projected Revenue from FY 2017-18 $125,000 Program Cost: BP NOW Publication -Bi -Monthly 43,000 Street Market & Fair 52,760 Staff Cost Reduction for Street Market & Fair by Contracting Safety Services 15,000 Concerts in the Park 34,000 4th of July Spectacular 49,000 Hometown Hero Military Banner Program* $8,000 Recommendations Sub -Total $171760 Projected Remaining Fund Balance $155,0001 * Carry over from prior fiscal year. LEGAL REVIEW The City Attorney has reviewed and approved this report. ALTERNATIVES 1) As an alternative, the City Council may opt to fund the programs in a different manner than recommended. 2) The City Council can decide the percentage (%) on the levy of the assessment between 50% to 100% of the City business license fees between Class A to Class C as indicated in Ordinance No. 842. 3) The City Council can decide not to levy the assessment which would likely result in a cost to the General Fund of up to $186,760 to retain the same level of City services with the activities mentioned above. 4) Direct staff to keep the assessment as it is and reduce program costs as follows: Fiscal Year 2017-2018 BIT Resolution and Budget May 3, 2017 BUSINESS IMPROVEMENT TAX BUDGET Projected Fund Balance as of June 30, 2017 $201,760 Projected Revenue from FY 2017-18 $ 75,000 Program Cost: BP NOW Publication -Quarterly 30,000 Street Market & Fair 52,760 Staff Cost Reduction for Street Market & Fair by Contracting Safety Services 15,000 Concerts in the Park 34,000 Cancel 41 of Jul Hometown Hero Military Banner Program* $8,000 Recommendations Sub -Total $109,760 Projected Remaining Fund Balance $167,000 * Carry over from prior fiscal year. ATTACHMENTS 1) Resolution No. 2017-184 RESOLUTION NO. 2017-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CONFIRMING THE ADVISORY COMMITTEE'S REPORT AND LEVYING THE ASSESSMENT IN THE BALDWIN PARK CITYWIDE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2017-2018 WHEREAS, the City Council has previously ordered the formation of the Citywide Business Improvement Area (the "Area") pursuant to the terms and provisions of the Parking and Business Improvement Area Law of 1979, which has been superseded and replaced by the Parking and Business improvements Area Law of 1989, being Part 6 of Division 18 of the Streets and Highway Code of the State of California (Section 36500 et seq.) (The "Law"); and WHEREAS, the City Council has appointed an Advisory Committee for the purpose of making recommendations to the City Council on the expenditure of revenue derived from the levy of assessments, on the classification of businesses, and of the method of basis of levying the assessments pursuant to the Law; and WHEREAS, the Advisory Committee, comprised of the Baldwin Park Executive Team has made recommendations for Fiscal Year 2017-18 for which assessments are to be restored to previous levels and levied and collected to pay the costs of improvements and activities described in Attachment "A" and WHEREAS, The City Council did give notice of the time and place for the public hearing on the question of the levy of the proposed assessment; and WHEREAS, at this time, the City Council has heard all testimony and evidence, and is desirous of proceeding with the levy of an annual assessment for said Area. NOW, THEREFORE, THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. The City Council hereby orders the programs and activities to be carried out as set forth in the Advisory Committee's recommendations in ATTACHMENT "A" and orders the annual levy to the Area as shown and set forth and described in said Report as Resolution of Intention. SECTION 3. The Assessment as set forth and contained in said Report is hereby confirmed and adopted. SECTION 4. The adoption of this Resolution constitutes the levy of the assessment for the Fiscal Year commencing July 1, 2017 and ending June 30, 2018. Resolution 2017-184 Page 2 SECTION 5. The estimates of costs, the assessments, and all other matters as set forth in the Advisory Committee's Report pursuant to the Law, are hereby approved and adopted by the City Council and hereby confirmed. SECTION 6. Written protests were not received from the owners of businesses in the area which will pay the assessments indicated in Ordinance No. 842. SECTION 7. A copy of the Advisory Committee's Report and the system of charges, including the classifications of businesses and the amount of the annual charges shall be filed in the Office of the City Clerk and open for public inspection. RESOLVED, ADOPTED, PASSED, AND APPROVED this 3th day of May, 2017. MAYOR MANUAL LOZANO 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. 2017-184 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting held on 3th day of May, 2017 by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALEJANDRA AVILA CITY CLERK City of Baldwin Park CITYWIDE BUSINESS IMPROVEMENT FEES FISCAL YEAR 2017-18 BUSINESS IMPROVEMENT ADVISORY COMMITTEE'S REPORT Method and Basis for Lew of Assessment Area assessments are based upon a percentage of the regular business license tax. The percentage differs by the Class of business and relates to the benefit each class derives from the improvements and activities in the area. The assessments are listed below: based on ordinance No. 842 (Attached): Class A Business 60% Class B Business 75% Class C Business 90% A full description of the types of business in each class and certain except businesses are provided in Ordinance No. 842. No annual charge levied in accordance with this assessment shall exceed $450. Business Improvement Fees Activities for Fiscal Year 2017-18 BUSINESS IMPROVEMENT FEES BUDGET Projected Fund Balance as of June 30, 2017 $201,760 Projected Revenue from FY 2017-18 $125,000 Type of Cost BP NOW Publication bi-monthly) 43,000 Street Market & Fair 52,760 Concerts in the Park 34,000 4' of July Spectacular 49,000 Hometown Hero Military Banner Pro ram** $8,000 Recommendations Sub -Total $186,760 Projected Remaining Fund Balance $140,000 (a) The $125,000 projection is based on the full rate. Projected at $75,000 if the current 50% reduced rate continues. (b) The estimate cost will be $30,000 if the BP NOW is issued quarterly. (c) Staff cost will be reduced about $15, 000 if contract Safety Services. (d) Carry over from prior fiscal year. ATTACHMENT "A" ORDINANCE NO. 842 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHING A CITYWIDE BUSINESS IMPROVEMENT AREA IN THE CITY OF BALDWIN PARK. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park hereby finds, determines and declares as follows: a) That pursuant to Section 36500 et seq. of the Streets and Highways Code of the State of California, the City Council adopted, on August 18, 1982, that certain Resolution No. 82-74, dated August 18, 1982, entitled, "A Resolution of the City Council of the City of Baldwin Park Declaring its Intention to Establish a Citywide Business Improvement Area in the City of Baldwin Park", and caused said resolution to be duly published and mailed as provided by law. b) That a public hearing concerning the formation of said Citywide Business Improvement Area (hereinafter "Area") was held on September 15, 1982, at the hour of 7:00 P.M. in the City Council Chambers of the City Hall of the City of Baldwin Park. c) That at said hearing all written and oral protests made or filed were duly heard, evidence for and against the proposed action was received, and a full, fair and complete hearing was granted and held. d) That all protests, both written and oral, were duly overruled and it was determined by the Council that there was no majority protest within the meaning of said Streets and Highways Code, Section 36500 et seq. e) That the public interest, convenience and necessity require the establishment of the proposed Area. f) That businesses conducting their activities within the Area will benefit by the expenditure of funds raised by the charges as contemplated by said Section 36500, et seq. SECTION 2. ESTABLISHMENT OF AREA. Pursuant to Section 36500 et seq. of the Streets and Highways Code of the State of California, a business improvement area designated as the Citywide Business Improvement -Area of the City of Baldwin Park is hereby created and established. SECTION 3. DESCRIPTION OF AREA. The Area shall include all of the territory within the exterior boundaries of the City of Baldwin Park, as the same exist on the date of adoption of this Ordinance. t Ordinance No. 842 Page 2 SEC ON 4. SYSM OF MARMS . The following charges, in addition to the business icen tax required by the Municipal Code, shall be levied upon those classes of businesses which are not exempt by law and which are conducting their activities within such Area. CIAS.SIFICATIM CF BUSINESSES CLASS A Hospitals Marnufacturing Operations Morticians Wholesale Operations X-ray Laboratories All other similar uses rim-FX&AF An annual charge equal to sixty percent (60'/) of the City business license tax applicable to each respective business. Accountants An annual charge equal to Appraisers seventy-five percent (75%) Architects of the City business license Attorneys at Law tax applicable to each Auditors respective business. Auto Repair operators Bacteriologists Chemists Chiropodists Chiropractors Collection Agencies Contractors Dentists Detective Agerbcies Engineering Consultants Entomologists Geologists oculists opticians optometrists Osteopaths Physicians Physiotherapists Private Patrol Officers Public Boddceeping, Accounting and Income Tax Services Real Estate Brokers Service Stations Surveyors Veterinarians All other professions licensed and regulated by the State of California and not specifically other- wise classified herein All businesses with business address outside Area but licensed by City to conduct business within Area with the follawing exceptions: 1 (1) Such businesses included under A above; (2) Advertising Agencies, included under C below; (3) Newspaper Publishers, included under C below. All other businesses not included within Class A or B, including the following: Advertising Agencies Antique Stores Appliance Stores Auctioneers Automobile Dealers Automobile Supply Stores Auto Wrecking Yards Bakeries Barber Shops Bars Ordinance No. 842 . Page 3 An annual charge equal to ninety percent (907.) of the City business license tax applicable to each such respective business Beauty Shops Billiard and Pool Halls Book Stores Bowling Alleys Cafes Carnivals and Circuses Clothing Stores Dance Halls Deliveries Department Stores Dry Cleaning Establishments Hnployment Agencies Flower Shops Food Stores Rimiture Stores Gift Shops Glass Shops Hardware Stores Hotels and Motels Ice Vendors .Trunk Dealers lammdromats Liquor Stores Locksmiths Massage Parlors Newspaper Publishers Paint Stores Pawn Shops Personal. and Real Estate loan Agents and Agencies Pet Slops Phazmacies Photography Studios Printers, Silk Screen and Graphic Arts Radio and Television Operations Rental/Leasing Companies Restaurants Retail Drug Stores Second -band Dealers and Stores Self-service Car Washes Shoe Repair Shops Ordinance No. 842 Page 4 Solicitors Tailors Theatres Toy Stores Trade Schools Trading Stamp Agencies and Redemption Centers All other businesses involving retail sales and/or similar in use to the above (a) Exemptions. No charges shall be levied upon the following: (1) Apartments, rest homes, rooming houses, and trailer parks; (2) Public utilities; (3) Any business required to have a business license for a home occupation within the meaning of the City zoning regulations; (4) Any organization required to obtain a permit to conduct bingo games (b) Payment of Charge. The charge hereby levied shall be due and payable and shall be paid at the same time and in the same manner that the business license imposed by the City Code is due and payable. (c) Payment Prerequisite to License. (1) No business license shall be issued pursuant to the Baldwin Park Municipal Code unless the business license charge hereby imposed is paid together with the business license payable pursuant to the said Code; and (2) A business license shall be considered unpaid .and penalties shall be assessed upon the total amount at the rate specified in Article IV, Chapter 1, Section 4020 of the Municipal Code, until such time as both the business license tax and the charge are paid. (d) Multiple Businesses. (1) Where one owner has multiple businesses in the same class or combinations of two or more of the above classes, all of which are at the same location: The total charge for that location under this Ordinance shall be the highest charge of any one of those businesses when considered individually according to their classifications herein. (2) Where multiple owners have businesses in the same class or combinations of two or more of the above classes, all of which are at the same location: The total charge to each owner under this Ordinance shall be the highest charge of any one of the individual owner's businesses at the location when considered according to their classifications herein. (e) Meximm Assessment. No annual charge levied in accordance with the system of charges defined herein shall exceed Ordinance No. 842 Page 5 (f) New Businesses Charge Exemption. Any proposed business may file for an exemption of the charge fee. The procedure for such waiver shall be established by resolution of the City Council. (g) Charge Transferability. There shall be no additional charge for any business which transfers the same business to any location within the Area. (h) Refusal to Pay Charge. No person shall fail or refuse to pay the additional business license charge imposed. (f) Statement of Charge Due. A written statement, on such forms as may be required or furnished by the City Manager, shall be filed when the charge is paid. SECTION S. VOLUNTARY CONTRIBUTION. Any business which is exempt from the payment of the charge by reason of the provisions of the Constitution of the United States or the State of California or by business class exemption as designated in (a) above, may make voluntary contributions to said Area for the purposes provided in this Ordinance. SECTION 6. USE OF REVENUES. Uses of revenues derived from charges imposed pursuant to this Ordinance shall be limited to the following: (a) decoration of any public place in the Area (b) promotion of public events which are to take place on or in the Area (c) furnishing of music in any public place in the Area (d) the general promotion of business activities in the Area SECTION 7. FUND. There is created a special fund designated as "Citywide Business Improvement Area Fund" into which all revenues derived from charges and contributions under this Ordinance shall be placed and such funds shall be used only for the purposes specified in this Ordinance. SECTION 8. EXPENDITURES. The City Council shall annually approve a budget to include an estimate of expenditures to be made from the Citywide Business Improvement Area Fund to carry out the purposes of this Ordinance. SECTION 9. CITY COUNCIL ADVISORY COMMITTEE. For the purpose of advising the City Council, making recommendations to them on the operation and extent of the Area, the methods and ways in which the revenue derived from the levy of the special business license charge imposed by this Ordinance might be used, and performing such other powers and duties as the City Council may determine, a City Council Advisory Committee shall be established by Resolution of the City Council. SECTION 10. AMENDMENTS. Businesses within the Area established by this Ordinanc�l be subject to any amendments to Section 36500 et seq. of the Streets and Highways Code. SECTION 11. EFFECTIVE DATE. This Ordinance shall apply to business license taxes levied for the calendar year 1983 and each year thereafter and the additional charges imposed by this Ordinance shall be due and payable from January 1, 1983. J Ordinance No. 842 Page 6 SECTION 12. If any section, sentence, clause or phrase of this Ordinance is, for any reason, held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Baldwin Park hereby declares that it would have passed and does hereby pass this section and each sentence, section, clause and phrase hereof, irrespective of the fact that any one or more sections, sentences, clauses, or phrases be declared invalid or unconstitutional. SECTION 13. That the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.; /1 PASSED AND APPROVED this STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss: CITY OF BALDWIN PARK ) 7th . day of Noir , 1982. I, LINDA L. LAIR, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Ordinance No. 842 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 3rd day of November., 1982. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting on the 17th day of November 1982, by the following vote: ABSENT: COUNCIU4N tures ITEM NO. I STAFF REPORT, TO: Honorable Mayor and City Councilmembers FROM: Sam Gutierrez, Interim Director of Public Works DATE: May 3, 2017 (Carried over from April 19, 2017) SUBJECT: DIRECTION AND APPROVAL OF THE DESIGN FOR THE BALDWIN PARK TRANSIT BUS WRAPS AND THE BALDWIN PARK COMMUTER CONNECTOR EXPRESS LINE TRANSIT BUS MODEL SUMMARY This item seeks City Council direction and approval of the design for the Baldwin Park Transit Bus Wraps and the Baldwin Park Commuter Express Line transit bus model. FISCAL IMPACT These items will have no impact on the General Fund. Funding for these items are as follows: Pro A 7$15,600 Southland Transit Contribution $2,600 Total $18,200 , Metro ExpressLanes Net Toll Revenue Reinvestment Grant Program $550,000 Total granted amount is $700,395.00 Total $550,000 RECOMMENDATION It is recommended that the City Council: 1. Select and approve a bus wrap design for the Baldwin Park Transit Buses; and 2. Select and approve a transit bus model for the Baldwin Park Commuter Connector Express Line BACKGROUND In October 2014, the City was awarded a Metropolitan Transportation Administration (MTA) Call Grant funds for the purchase of transit buses to replace existing buses. On March 16, 2016, the City Council authorized the purchase of five (5) Compressed Natural Gas (CNG) The newly purchased buses were delivered and deployed in June 2016. Currently, the buses are white in color and display a small city logo on the sides and front. Staff has been working with Southland Transit on several low-cost graphic options to wrap onto the buses in an effort to enhance the look of the fleet while promoting a sense of community. Three shuttle bus wrap options will be presented to the City Council. Upon selection of a design, staff will order the new buses wrapped, and will phase-in the wrap work on the existing bus fleet so as not to adversely impact our transit services. It is anticipated that wrap work will be completed by June 2016. Selection of Bus Wrap Design and Commuter Connector Express Line Bus Model Page 2 The Commuter Connector Express Line Project was awarded funding via the 2013 Los Angeles County Metropolitan Transportation Authority (Metro) ExpressLanes Net Toll Revenue Reinvestment grant program. This Project seeks to provide a direct expansion to the City's existing circulator shuttle. The objective is to shuttle business and medical commuters quickly from the Transit Center and Metrolink Station to the City's main business centers south of the 1-10 Freeway. Three shuttle bus options will be presented to the City Council. The selected design will be incorporated into the project's feasibility study. LEGAL REVIEW None Required. ALTERNATIVES 1. The City Council could provide an alternative direction for the bus wrap design. The Council can also choose not to select a design at this time. 2. The City Council could choose not to select a transit bus type and ask staff to provide alternative options. The Council can also choose to forgo the Commuter Connector Express Line Project altogether, however this result in the loss of the Metro ExpressLane Toll Grant Funds. ATTACHMENTS 1. Bus Wrap Options 2. Commuter Connector Express Line Bus Options M. 0 r ---q 77 r ---q 0 71 '' _�_ 0 .� O N a -m --u IM CL Z LL cc k [a 0 0 0 C) 0 0 C) N N cr trj 00 r --a 6oq b4 O LJ 4 mi ON ON «3 H A Qi-� rl N 3 o a� ed N u 0 0 os F4 r .Sr. C!� � � o o U p a M N 0 O= � O z �� N � 2 z Ull o N � O Q � O AFF' REPORT ITEM NO. U TO: Honorable Mayor and City Councilmembers FROM: Doug Parnell, Acting Chief of Police DATE: May 3, 2017 SUBJECT: FOURTH OF JULY SAFETY ENHANCEMENT STRATEGY SUMMARY This report provides information to the City Council regarding the steps to be taken by the Baldwin Park Police Department to ensure a safe and enjoyable Fourth of July holiday for the entire community. FISCAL IMPACT The fiscal impact has not yet been determined. There is an inherent cost with incorporating this into regular working assignments, as well as enhanced deployment costs as a result of specialized unit deployment.. There will also be additional cost paid with Federal Asset Forfeiture funds. RECOMMENDATION Staff recommends the City Council receive and file the Fourth of July Safety Enhancement Report. BACKGROUND The goal of the Baldwin Park Police Department is to ensure a safe and enjoyable Fourth of July holiday for the entire community. We are also sympathetic to the non-profit or faith -based organizations that use this time of year to sell "safe and sane" fireworks as a major fundraiser for operations. The Police Department will be engaging a multi point, cooperative education and enforcement plan specifically targeting illegal Amworks for the 2017 holiday period. • Code Enforcement - By aggressively addressing overgrown vegetation and weed abatement, we can lessen the overall fire danger in the community. • Public Education Campaign - Utilizing the City Website, Police Department Website, Baldwin Park "Now" publication and the San Gabriel Valley Tribune. • Cooperative Efforts - Early contact and coordinating efforts with LA County Fire /Arson Investigators to have a joint PD/Fire enforcement team. • Directed Enforcement- deployment of officers, citizen informants and other resources specifically targeting the purchasers and sellers, and users of illegal fireworks. BPMC § 93.10 (F) allows for the legal sales of safe and sane fireworks from 12 p.m. on June 28, until 12 a.m. on July 5 of each calendar year. BPMC § 93.09 makes it a Misdemeanor to possess illegal fireworks, with fines up to $500.00 for a third offense, Per § 10.99 BPMC/Penalties- Health & Safety Code Section 12700 (b) makes it a Misdemeanor to possess illegal fireworks, with fines of $500 to $50,000 based on weight of Fireworks. LEGAL REVIEW Not Applicable. 4th of July Safety Enhancement May 3, 2017 Paee 2 OPTIONS 1) Receive and file this report. 2) Give further directions as to Staff in regards to enforcement, fines and/or limiting days of fireworks sales. ATTACHMENTS None.